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 SpadeWe 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 SpadeOver the past decade I have watched many friends go through graduate school and write dissertations. Through that process, I have seen how they are guided by mentors to understand particular norms within their disciplines and to learn about what they can and cannot, should and should not say, and which ideas can go together and which cannot. I never went through this process.
Dean SpadeAs trans advocacy has institutionalized and developed, the context of the undemocratic nature of US non-profits and the ways that white, wealthy individuals can intensely influence the directions of advocacy have increasingly come to the surface for trans activists.
Dean SpadeCritical Race Theory offers of discrimination frameworks as ways of understanding and eradicating racism. The focus on "discrimination" as the way to understand racism in the US has meant that racism is considered a question of discriminatory intentions - whether or not somebody intentionally left someone out or did something harmful because of their biased feelings about a person's race. This focus on individual racists with bad ideas hides the reality that racism exists wherever conditions of racialized maldistribution exist.
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 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