Legal 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 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 SpadeInstead of focusing on what the law says about trans people, which is really what the law is saying about itself as a protector of trans people, we should be focused on what systems of law and administration do to trans people and our interventions should aim to dismantle harmful, violent systems such as criminal punishment and immigration enforcement.
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 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