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Critical race theory (CRT) is a school of legal thought that focuses on the intersection between race and the law—how each shapes and is shaped by the other. It emerged in the late 1980s as an outgrowth of the engagement of legal scholars of color with the critical legal studies (CLS) movement. Critical race theorists generally agree with scholars in CLS that the law is not neutral, objective, or determinate and that it functions to “legitimize social power in the United States”; however, CRT departs from CLS in emphasizing that race and racism function “as central pillars of hegemonic power” (Crenshaw et al. 1995: xxii). As such, while CRT shares many features with CLS, such as its left-leaning ideological tendency, it defines itself in contradistinction to CLS as well as to mainstream thought on race and civil rights in the law.

Although CRT as a self-conscious movement dates from the late 1980s, its practitioners see their work as part of a tradition that began with the writings of Derrick Bell in the 1970s. In a series of articles, Bell questioned some of the assumptions of the civil rights movement and the legal strategies employed on behalf of black plaintiffs in civil rights litigation. For example, in “Serving Two Masters,” Bell argued that lawyers for black plaintiffs in desegregation cases were pulled in two directions. One was toward arguing for integration, an ideal embraced by the organizations and donors that sponsored the litigation, while the other was toward their clients, the black plaintiffs themselves, whose interests may have lain in greater educational opportunities and resources rather than simply integration. Similarly, in “Brown v. Board of Education” Bell argued that the Brown decision, like all moments of progress toward racial justice, depended not on moral or legal argument, but rather on the fact that it served the interests of whites.

Central Tenets

Bell was instrumental in establishing the “critical” attitude of CRT toward mainstream thought on race by questioning some of the sacred cows of the civil rights movement: the value of integration and the power of moral suasion and legal argument. Another central tenet of CRT appears in Bell's writings—the idea of the permanence of racism. Bell and other critical race theorists argue that many participants in and supporters of the civil rights movement were too optimistic about the prospects for overcoming racism in American society.

The mainstream view, according to this line of thought, is to see racism as an aberration in American law and society. Alternatively, critical race theorists argue that racism is the normal condition of the American legal and social systems, deeply embedded in them, and that there are no reasonable prospects for removing racism from social and legal institutions in the foreseeable future. This pessimism about eliminating racism and its legacies from American society is partly a result of the lack of progress toward racial justice that many critical race theorists perceive in the decades following the civil rights movement.

On the whole, then, critical race theorists have a distinctive perspective on the state of the law and of American society as they relate to race. Where others see the civil rights movement and its legal achievements as a triumph for racial justice that demonstrates the fundamentally fair nature of American law and society, critical race theorists take a very different view. They see the civil rights movement largely as a triumph for white America, whose interests were no longer served by segregation. Similarly, while many observers see much progress toward racial equality in the post–civil rights era, critical race theorists see little progress. Progress has taken place, they argue, only to the degree and in the forms that serve white interests.

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