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 SpadeWhen social movements engage in legal reform, they often mobilize images of people from their constituent population who most match national norms about what "deserving citizens" are like, and use those people as spokespeople and as lead plaintiffs in legal cases. This strategy requires that people who are experiencing intersectional harm - who are vulnerable through multiple vectors of demonization and marginalization - be further marginalized and disappeared by the advocacy.
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 SpadeLaw reforms in the US, ostensibly enacted to prohibit racism, have proven ineffective because they focus on bad intentions of individuals and fail to comprehend population-level conditions.
Dean SpadeTrans activism in the US has most frequently been grassroots, centered on poverty and criminalization, and often oppositional to the exclusionary "mainstreaming" threads in gay and lesbian politics and feminist politics.
Dean SpadeOne of the concepts I was having trouble illustrating was the concept that administrative systems create narrow categories of gender and force people into them in order to get their basic needs met - what I call "administrative violence." I had images of forms with gender boxes and ID cards with gender markers, but I also wanted an image that would capture how basic services like shelters are gender segregated.
Dean Spade"Oppression" or "systems of oppression" operate as a shorthand terms in much writing and speaking so that we do not have to list all these systems of meaning and control each time (i.e. racism, ableism, xenophobia, etc.). I needed a term like that, but "oppression" implies a kind of top-down understanding of power that is at odds with the Foucaultian model I rely on in my work.
Dean Spade