We should interact with legal reform tactically, knowing that it will not meet our ultimate goals but asking whether there are ways that engaging with particular reforms might benefit our work and help reduce certain harms or dangers.
Dean SpadeI went to law school which is a 3-year program in the US that is focused primarily on memorizing certain doctrines and taking exams that test whether you can apply those doctrines to help prepare for the bar exam. If you are lucky, you get a few classes where you are encouraged to think more critically and read critical texts rather than just casebooks, and perhaps write a paper that is not a legal memo or brief.
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 doctrine requiring a showing of evidence of racist intent and a narrow chain of causation has made it very difficult to prove in court that a person or group is experiencing racism because the standards are too narrow and too focused on individual intentions.
Dean SpadeI am often talking about the ideas collected in Normal Life in contexts that are not academic, or that are full of people who are not primarily engaging as theorists or theory-readers. Being able to make ideas visual, especially critical ideas about movements that can be difficult to hear because of attachments we have to certain national narratives, or because of ways that we see ourselves, is especially useful.
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 Spade