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Critical Race Theory Critical race theory

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Richard Delgado and Jean Stefancic (1993) note the following major themes in critical race theory writings: * A critique of liberalism * Storytelling/counterstorytelling and "naming one's own reality" * Revisionist interpretations of American civil rights law and progress * Applying insights from social science writing on race and racism to legal problems * Structural determinism, how "the structure of legal thought or culture influences its content" * The intersections of race, sex, and class * Essentialism and anti-essentialism * Cultural nationalism/separatism as well as encouraging black nationalism, power, or insurrection * Legal institutions, Critical pedagogy, and minorities in the bar * Criticism and self-criticism

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Richard Delgado and Jean Stefancic (1993) note the following major themes in critical race theory writings: * A critique of liberalism * Storytelling/counterstorytelling and "naming one's own reality" * Revisionist interpretations of American civil rights law and progress * Applying insights from social science writing on race and racism to legal problems * Structural determinism, how "the structure of legal thought or culture influences its content" * The intersections of race, sex, and class * Essentialism and anti-essentialism * Cultural nationalism/separatism as well as encouraging black nationalism, power, or insurrection * Legal institutions, Critical pedagogy, and minorities in the bar * Criticism and self-criticism Critical race theory emerged in part from the milieu of Critical Legal Studies (CLS), a field of inquiry that argues that preserving the interests of power, rather than the demands of principle and precedent, is the guiding force behind legal judgments. CLS theorists suggest that the existing precedents are indeterminate, allowing the judiciary wide freedom to interpret them according to prevailing balance of power. Both CLS and Critical Race Theory writings engage in "trashing," extended arguments to demonstrate that precedents are not in fact based on a consistent application of principles. Critical Race Theory shares an overlapping literature with both Critical Legal Studies and Critical Theory, feminist jurisprudence, and postcolonial theory.