https://cyber.harvard.edu/bridge/CriticalTheory/critical4.htm

legal theory: critical theory

Critical Race Theory

Critical race theories combine progressive political struggles for racial justice with critiques of the conventional legal and scholarly norms which are themselves viewed as part of the illegitimate hierarchies that need to be changed. Scholars, most of whom are themselves persons of color, challenge the ways that race and racial power are constructed by law and culture. One key focus of critical race theorists is a regime of white supremacy and privilege maintained despite the rule of law and the constitutional guarantee of equal protection of the laws. Agreeing with critical theorists and many feminists that law itself is not a neutral tool but instead part of the problem, critical race scholars identify inadequacies of conventional civil rights litigation. Critical race theorists nonetheless fault critical legal scholars as failing to develop much to attract people of color and for neglecting the transformative potential of rights discourse in social movements, regardless of the internal incoherence or indeterminacy of rights themselves…