In 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 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 SpadeTrans rights formation that mimics the models and strategies of the lesbian and gay rights framework is growing, and there are many significant strategy disagreements between those building that work and those doing racial and economic justice centered trans work.
Dean SpadeCritical 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 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 Spade