sto the Second Edition Ich becween the richest few and the rest of soci acone of the highest levels ever. Police profiling, drugs, and harsh sentencing policies heightened iseties and swelled the prison population. race theory has taken note of all these develop- the reader will see, a new generation of criti- sholars has examined these issues, and more the same readerfriendly language, absence of and jargon, copious examples, and excerpts ag court cases, the second edition brings Critical 1y: Am Introduction up-to-date. The reader will «t new areas of scholarship, including studies of dynamics, relations between blacks and Lasi he spread of critical race theory to other fields, cation, as well as to other counties. We include ions for discussion, some of them aimed at pos- cal steps that readers can take to advance a pro: we agenda RD DELGADO and JEAN STEFANCIC Washington, 2010 cHapter 1 Introduction Think of events that can occur in an ordinary day. A child raises her hand repeatedly in a fourth-grade class; the teacher either recognizes her or does not. A shopper hands «a cashier a five-dollar bill o pay for a small item; the clerk either smiles, makes small talk, and deposits change in the shopper's band or does not. A woman goes to a new car lot ready to buy; salespeople stand about talking to each ther or all converge trying to help her. jogger in a park sives a brief acknowledgment to an approaching walker; the walker returns the greeting or walks by silently You are a white person—the child, the shopper, the jog- ger. The responses are all from white people and are all negative. Are you annoyed? Do you, for even a moment, think that maybe you are receiving this treatment because of your race? Or might you think that all these people are ‘merely having a bad day? Next suppose that the responses are from persons of color. Are you thrown off guard? Angry? Depressed? You are a person of color and these same things happen 0 you, and the actors are all white, What is the first thing that comes to your mind? Do you immediately think thatom might be eae these ways Becanse you ae not tebite If 20, how da you fal Angry? Downeast? Do you leit ol off you back? And if the responses come from Fellow persons uf color, then wher do you tink? Suppose the person of colors from a group other than your own? Sametimes ations like these sem from mere radentss oF fnifference. Toe merchant i bry; he war, last fn hough. But at other tines, ne seme to playa par Whos does, socal scimtits cal the event a “mieroag- gression" by whic they mean one of those many sudden, tuning, or dispiting transactions that mar te days of women ad folks of coor Lake ter dripping om sand stone, the canbe thought ofa sal ats of rac, con- sciouly o wtconsciouly perpetrated walling up from the tumptions abot cial matters most of ws absorb from the casual here whic we come of ge be United Sut These assprions, mtr, continue to saform our ube cine metantione—govermment, schools, churches ‘and ow priate, personal, and corporate ies Sometimes the ats are no micro a al mage tat the wom or maint sanding lone ad ignored atte ar sales lor eventually atacs the atten ofa salesperson They negotiate, and he buy aco Later she learns that abe aid loos thowsand dollars more thaw what te average twbite male pays fr that same car. (See lan Ayes, Far Driv ‘ng t04HaeeL-Rew B17 [199tlsMichaelL.v,* Whitening” the Resumé, N'Y. Times, Dec. 5, 2009 The fourth-grade teacher, hort before beinnarg 2 wit on world caus, asses out a orm aig the children 10 il out where chet arenes refron.”Thebrght child ho rasedherhandear- devotion 5 lier besiates, owing that her parants are undocumented alensobofearbeingdiscoveredand deported. A What le Critical Roce Theory? “The critical race theory (CHET) movement ta collection ‘of scivits and scholars interested in seudying and trans forming the telavonship among rcs acm, and power ‘The movement considers many of the same issues that conventional civil rghts and ethnic euies discourses take sp, but places them in a broader perspective tha incades economics, history, context, group and selfnterest, and ‘even felngs and the unconscious, Unlike tational cil rights, which sueses inerementalsm and step-by-step progress, xsl race theory qutions the very founda tions ofthe liberal order, icing equality thevry, legal reasoning, Enlightenment rationalism, and neutral pri ‘ples of constitutional av. During the past decade, critical race theory hae spin tered. Although the new subgroups, which inelude well-developed Asian American jurisprudence, «forefl Latino-rtial (Lari) contingent, and feisty quest interest group, continue t9 mines rlacvely good relax tions under the umbella of erica rae theory, esting together at periodic conferences and gatherings, cach has developed ts own body of erature and st of peoriis. For example, Latino ad Asian scholars study immigration policy as wells language rights and discrimination based fo accent of national origi, sall group of American Indian scholars addresses indigenous people's sights ov ‘reign, and land claims. Scholae of Middle Eastern and _South Asian background address discrimination against thei groups, especially inthe aftermath of 9/11 (Sy ‘Manco Ahmad, A Rage Shared by Le Post-September 11 Racal Violence ae Crimes of Passion, 92 Ca,L. Res 1359 [2004}) On the dilfsion oferta rae theory to ‘othe diplnes and nations, se sti Ein thi chapter. B. Early Origins Cia race cheoryspeang up inthe 19768, a8 a umber of lawyer, activi, and legal schoaeyseros the coun: ey relied, more oF les simansousy, thatthe heady advance ofthe citi igh ea ofthe rogos had lle and, ‘in eany respects wore being colle back. Realizing that new theoces and states were needed to combat the sub ee forms of raciam that wet gating ground edly writers, ‘uch as Derik Bell, lan Fetman,and Richard Delgado, ut hee mids tothe task. They were so joined by otk 5, and the group held srt workshop ata conven out side Madison, Wisconsin, inthe sumer of 1989. Farther conferences snd meting rook place. Some wee cored sessions t which the geoupthrethed out internal probleme snd seropaled to clarify central isa, while others were rz miday firs with pals, penary session, key- note sears, and a broad representation of scholars, st hens, andaciviss froma wide atey of diplines . Relationships Previous Movements As the reader wile, erica cace theory bilson the imighs of evo previous movements critical legal sud ies and radical feminism, to both of which comes large Inodvction 5 debe. Ie also draws from certain European philosophers and theorists, such as Antonio Gru Michel Foucault, and Jacques Deri, aswell arom the American radical teadcion extmplifed by suck Syures as Sojourner Truth, Frederick Douglas, W.E,B, Du Bois César Chiver, Mar tin Luther King, Je, and the Black Power and Chicano ‘movements ofthe sntes and erly seventies. From critical legal studies, the group bored the idea of lel inte rminaey—the idea that not every legal ease has one correct. ‘outcome Instead, one ean decide mast cases cher way, by ‘emphasing one line of authority over anther, oF inte reting one fact decently from the way one's adversary does. caso incorporated skepricsm of triumphal bis ‘ory and the insight che favorable precedent, like Brown Board of Education, ends to detesiorate overtime, et back by narrow lower cour interpretation, administrative foot dragging, and delay. The group also built on femi- sim’ insights imo theelaionship between power and the construction of socal roles, s wel asthe unsen, largely invisible collection of patterns and habits that make wp Patriarchy and other types of domination. From conven tional civil rights thought, the movement took a coneern for sedtesing historical wrong, a8 well tthe insistence that legal and social theory ls to practical consequences. CCRT also shared with i a sympathetic understanding of notions of nationalism and group empowerment. D. Principal Figures Dertck el visting profesor of law at New York Univer- se the movement intellectual ater gute Sil activeswe wrt, ell aces writes ocasional aw review ari les and books, delivers speeches, and keeps a major ease lok curtene. The lte Alan Fre, wh taught atthe State University of New York at Buffalo law school, wrote 1 unabe of foundational ails, inclding one that doe: ‘amend how the US. Supreme Court's racejuisprudence, ¥en wheo seemingly liberal a heat, nevertheless lei ‘nae cain. Kimborlé Crenshaw, Angela Hari, Charles Laweence, Mact Matsuda, and Patricia Wiliams are maior figures, as wel. Leading Asian scholars include Neil Got anna, Mieu Gulati, Jeey Kang, and Erie Yamamoto. The top American Indian cecal scholar is Rober Willams, Latinos include lan Haney Liper, Kevin Johnson, Lawea Gomes, Margaret Montoya, Juan Perea, and Francisco Valdes, Emerging black scholars include Devon Carbad, ery Hae and Angela OnwuachiWilig, The reader wl id their deus discaszed Frequently eroughout thie Primec The movemenc counts a umber of fellow taveles and supporters wo ae white, nocably Tom Ross, Steph hie Wildman, Nancy Levit, Rober Haya, Jean Stefan cy and andee cummings. (See also the dicusion of ei al white studs in chapter 5.) E Spinoff Movements Auough CRT began at # movement inthe law it has rapidly spread beyond that dicpline. Today, many in the fal of education consider chemscves critical rae theo Fits who use CRT ides to understand iss of school Alscipline and herechy, racking, alfirmacve action, high stakes testing, controversies over cuiclm and history, and alternative and charter schools See, Foundations of Critical Race Theory in Education (Edward Taylor 8 CGloeia Ladsoo-Bilings ed, 2009) Poel sientsts pom servoing strategies coined by erica ace theorists, while women's studies profesiors teach about intersection liy—the predicament of women of color and others who sic atthe intersection of rwo or more categories. Ethnic sadies cours often include a unit om tal race theory, and American suis departments tach material on xt cal white sues developed by CRT waiters. Sociologists, scholars of American sais, and even hel cate special ists us crtal theory and its ideas. Unik some academic disciplines, cra ace theory consi a activist dimen Sion. I tris not only to understand cur sci! sition boro changeit sets out not ony eo ascertain how sc ty organizes itself along cai lines and hierarchies but ‘wansform i forthe beter. On the spre of eriial race ‘theory to other counties, such a the United Kingdom, see chapter 7. Basic Teets of Critical Race Theory ‘What do critical race theorists belive? Probably not every writer would subscebe wo every tenet set out inthis book, bbutmany would agree onthe following propositions is, racism is ordinary, not aberratonal—"normal since” ‘the usual way society does busines, the common, every day experience of most people of alr in thi country, ee ‘ond, most would agree shat our system of white-overcolor sscendancy serves important purposes, both paychic and ‘material forthe dominant group. The frst festre, ordi-anes, means tha racism i ifcul to address acute Iocause i is not acknowledged. Colorblind, of "foal," comexptions of equality, exprese in cles that insist aly ‘om teament tha sche sme across the board, can thus remedy only the mose blatant forme of discrimination, sick a8 morgage eelining, a immigration deapnc 3 Food-procssng plane that tages Latino woskers, oF the rela go bie 2 black Ph.D. rather than 2 white college dropout that do standout and ateract uratztion, “The second feature, sometimes called “ineest conver: sence” of materia determinism, adds 2 further dimension. Because rac advances the interes of bok white elites lesaterily) anid working class Caucasians (psychical), segments of sity have lie incetve to eradicate it Consider, for example, Derrick Bells shocking proposal disused chapter 2) tht tow « Board of Education comidered 2 gzea wiumph of cil ight itigation—may have resale ere from the selfinerest of elite whites than fom a desire to help lac ' third heme of rtd ace theory, the “til com stroton” thesis holds tha rae and races are products of social thought and relations. Not objective iaherent of fixed, they corespond to no biological or genetic reality, cathe, caces ate categories that society invents, manipw lates, or retires when convenient. People with common ‘vgn share cetinpiysicl tats of couse, suchas skin col, physique and ir textre But thee consi aly ‘nextrmely small portion oftheir genic endowment, ae ‘xy and, moreover, tht changer in relationships among the res (hich inlade both improvements and runs for dhe worse) eller the interes of dominant groups, rather than ideal, aleuinn, oF the cule of low ‘Or i opimitic, because i believes that ace is a social consevtin? (Ar such, it should be subject to ready change) ‘And if CRT does have a darkside, what follows fom ‘hae? Is medicine pessimistic because it focuses on dis eases and ramos? 2 Most people of color believe chat the work contains sich more eacism than shie folks do. What accounts for this difference? 5, Trace oats more important in determining o's ie chances? 4. Why have scholars in the ld of edvation,particw lacy found CRTs teaching hlpfl? sls eacism extentally a cognitive error—a product of ignorance or lack of experince—and 0 coeetable ‘theough aching and leering? 6 Ifyou are a communiay acvie, what lesson om this chapter could you apply to your dlly wor?