When 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 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 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 SpadeIn addition to encouraging us to participate in narratives of "deservingness" that cast large parts of our constituencies as "undeserving," legal reform strategies encourage us to valorize harmful systems that our movements should be seeking to dismantle.
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