When we approach legal reform work, we can ask questions like: Will this provide actual relief to people facing violence or harm or will it primarily be a symbolic change? Will this divide our constituency by offering relief only to people with certain privileged statuses (such as people with lawful immigration status, people with jobs, married people, etc.)?
Dean SpadeBecause my graduate academic training at law school was not one that included most of the intellectual traditions I find useful for understanding the conditions and problems that most concern me - anti-colonial theories, Foucault, critical disability studies, prison studies and the like are rarely seen in standard US Law School curricula, where students are still fighting on many campuses to get a single class on race or poverty offered - I developed most of my thinking about these topics through activist reading groups and collaborative writing projects with other activist scholars.
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 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 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 SpadeMaking my work more visual is something I am increasingly excited about. I am hopeful that it will broaden access to some of the ideas being engaged in activist and scholarly communities of which I am part.
Dean SpadeThere are sharply different, competing models of what trans advocacy looks like - those that seek to follow the path laid out by the most visible and well-funded lesbian and gay rights organizations in the US and those that seek to use grassroots strategies, center issues of race and poverty, and aim to dismantle harmful institutions and conditions to redistribute life chances.
Dean Spade