Critical Race Theory offers a critique of how law and certain law reform strategies misunderstand the actual operation of life-shortening state violence, and how that has produced a set of reforms that fail to actually transform material conditions of white supremacy. These critiques redirect our attention to the conditions we aim to transform.
Dean SpadeLegal reform organizations are usually trying to portray their constituents as "hard workers," as "not criminals," as citizens, as part of normative family arrangements, and as conforming to white norms as much as possible. When these strategies are used, the most dangerous conditions and the people who are most vulnerable cannot be discussed or addressed.
Dean SpadeI often notice how students can gain the capacity to use certain critical methodologies through engaging with very different texts - how a graphic novel about gentrification and an anthology about Hurricane Katrina and a journalistic account of war profiteering might all lead to very similar classroom conversations and critical engagement. I'm particularly interested in this when teaching law students who often resist reading interdisciplinary materials or materials they interpret as too theoretical.
Dean SpadeI am not arguing that we should never use legal reform as a tactic. Instead, I argue that it should not be a goal.
Dean SpadeLegal reform has significant dangers: changing only the window-dressing of harmful systems but leaving the violence of the systems in tact, failing to provide actual relief for those facing the worst conditions, and legitimizing or expanding systems of harm.
Dean SpadePower is not a matter of one dominant individual or institutions, but instead manifests in interconnected, contradictory sites where regimes of knowledge and practice circulate and take hold. This way of understanding the dispersion of power helps us realize that power is not simply about certain individuals being targeted for death or exclusion by a ruler, but instead about the creation of norms that distribute vulnerability and security.
Dean Spade