Critical Race Theory And The American Justice System
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| Author | : Markus D Dubber |
| Publisher | : OUP Oxford |
| Total Pages | : 1294 |
| Release | : 2014-11-27 |
| Genre | : Law |
| ISBN | : 0191654604 |
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
| Author | : Natsu Taylor Saito |
| Publisher | : NYU Press |
| Total Pages | : 381 |
| Release | : 2020-03-10 |
| Genre | : Social Science |
| ISBN | : 0814723942 |
2021 Outstanding Academic Title, Choice Magazine How taking Indigenous sovereignty seriously can help dismantle the structural racism encountered by other people of color in the United States Settler Colonialism, Race, and the Law provides a timely analysis of structural racism at the intersection of law and colonialism. Noting the grim racial realities still confronting communities of color, and how they have not been alleviated by constitutional guarantees of equal protection, this book suggests that settler colonial theory provides a more coherent understanding of what causes and what can help remediate racial disparities. Natsu Taylor Saito attributes the origins and persistence of racialized inequities in the United States to the prerogatives asserted by its predominantly Angloamerican colonizers to appropriate Indigenous lands and resources, to profit from the labor of voluntary and involuntary migrants, and to ensure that all people of color remain “in their place.” By providing a functional analysis that links disparate forms of oppression, this book makes the case for the oft-cited proposition that racial justice is indivisible, focusing particularly on the importance of acknowledging and contesting the continued colonization of Indigenous peoples and lands. Settler Colonialism, Race, and the Law concludes that rather than relying on promises of formal equality, we will more effectively dismantle structural racism in America by envisioning what the right of all peoples to self-determination means in a settler colonial state.
| Author | : Norma M. Riccucci |
| Publisher | : Cambridge University Press |
| Total Pages | : 114 |
| Release | : 2022-03-17 |
| Genre | : Business & Economics |
| ISBN | : 1009258397 |
This Element explores Critical Race Theory (CRT) and its potential application to the field of public administration. It proposes specific areas within the field where a CRT framework would help to uncover and rectify structural and institutional racism. This is paramount given the high priority that the field places on social equity, the third pillar of public administration. If there is a desire to achieve social equity and justice, systematic, structural racism needs to be addressed and confronted directly. The Black Lives Matter (BLM) movement is one example of the urgency and significance of applying theories from a variety of disciplines to the study of racism in public administration.
| Author | : Victor Ray |
| Publisher | : Random House Trade Paperbacks |
| Total Pages | : 225 |
| Release | : 2023-04-25 |
| Genre | : Social Science |
| ISBN | : 0593446461 |
What exactly is critical race theory? This concise and accessible exploration demystifies a crucial framework for understanding and fighting racial injustice in the United States. “A clear-eyed, expert field guide.”—Dr. Tressie McMillan Cottom, author of Thick From renowned scholar Dr. Victor Ray, On Critical Race Theory explains the centrality of race in American history and politics, and how the often mischaracterized intellectual movement became a political necessity. Ray draws upon the radical thinking of giants such as Ida B. Wells, W.E.B. Du Bois, and Dr. Martin Luther King, Jr., to clearly trace the foundations of critical race theory in the Black intellectual traditions of emancipation and the civil rights movement. From these foundations, Ray explores the many facets of our society that critical race theory interrogates, from deeply embedded structural racism to the historical connection between whiteness and property, ownership, and more. In succinct, thoughtful essays, Ray presents, analyzes, and breaks down the scholarship and concepts that constitute this often misconstrued term. He explores how the conversation on critical race theory has expanded into the contemporary popular conscience, showing why critical race theory matters and why we should all care.
| Author | : Bennett Capers |
| Publisher | : Cambridge University Press |
| Total Pages | : 725 |
| Release | : 2022-04-21 |
| Genre | : Law |
| ISBN | : 1316732592 |
By re-writing US Supreme Court opinions that implicate critical dimensions of racial justice, Critical Race Judgments demonstrates that it's possible to be judge and a critical race theorist. Specific issues covered in these cases include the death penalty, employment, voting, policing, education, the environment, justice, housing, immigration, sexual orientation, segregation, and mass incarceration. While some rewritten cases – Plessy v. Ferguson (which constitutionalized Jim Crow) and Korematsu v. United States (which constitutionalized internment) – originally focused on race, many of the rewritten opinions – Lawrence v. Texas (which constitutionalized sodomy laws) and Roe v. Wade (which constitutionalized a woman's right to choose) – are used to incorporate racial justice principles in novel and important ways. This work is essential for everyone who needs to understand why critical race theory must be deployed in constitutional law to uphold and advance racial justice principles that are foundational to US democracy.
| Author | : Martin Glynn |
| Publisher | : Routledge |
| Total Pages | : 219 |
| Release | : 2013-12-04 |
| Genre | : Social Science |
| ISBN | : 1134709331 |
Past studies have suggested that offenders desist from crime due to a range of factors, such as familial pressures, faith based interventions or financial incentives. To date, little has been written about the relationship between desistance and racialisation. This book seeks to bring much needed attention to this under-researched area of criminological inquiry. Martin Glynn builds on recent empirical research in the UK and the USA and uses Critical Race Theory as a framework for developing a fresh perspective about black men’s desistance. This book posits that the voices and collective narrative of black men offers a unique opportunity to refine current understandings of desistance. It also demonstrates how new insights can be gained by studying the ways in which elements of the desistance trajectory are racialised. This book will be of interest both to criminologists and sociologists engaged with race, racialisation, ethnicity, and criminal justice.
| Author | : Mathias Möschel |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : LAW |
| ISBN | : 9781138685871 |
Critical race theory: The historical contextCritical race theory: Its genealogy and writings -- Transplanting critical race theory to Europe -- Towards a european critical race theory -- Contextualishing a european ciritical race theory -- Conclusions.
| Author | : Francisco Valdes |
| Publisher | : Temple University Press |
| Total Pages | : 466 |
| Release | : 2002-08-12 |
| Genre | : History |
| ISBN | : 9781566399302 |
Its opponents call it part of "the lunatic fringe," a justification for "black separateness," "the most embarrassing trend in American publishing." "It" is Critical Race Theory. But what is Critical Race Theory? How did it develop? Where does it stand now? Where should it go in the future? In this volume, thirty-one CRT scholars present their views on the ideas and methods of CRT, its role in academia and in the culture at large, and its past, present, and future. Critical race theorists assert that both the procedures and the substance of American law are structured to maintain white privilege. The neutrality and objectivity of the law are not just unattainable ideals; they are harmful actions that obscure the law's role in protecting white supremacy. This notion—so obvious to some, so unthinkable to others—has stimulated and divided legal thinking in this country and, increasingly, abroad. The essays in Crossroads, Directions, and a New Critical Race Theory—all original—address this notion in a variety of helpful and exciting ways. They use analysis, personal experience, historical narrative, and many other techniques to explain the importance of looking critically at how race permeates our national consciousness.
| Author | : Laurence Parker |
| Publisher | : Routledge |
| Total Pages | : 258 |
| Release | : 2020-07-15 |
| Genre | : Education |
| ISBN | : 1000057933 |
Critical Race Theory (CRT) is an international movement of scholars working across multiple disciplines; some of the most dynamic and challenging CRT takes place in Education. This collection brings together some of the most exciting and influential CRT in Education. CRT scholars examine the race-specific patterns of privilege and exclusion that go largely unremarked in mainstream debates. The contributions in this book cover the roots of the movement, the early battles that shaped CRT, and key ideas and controversies, such as: the problem of color-blindness, racial microaggressions, the necessity for activism, how particular cultures are rejected in the mainstream, and how racism shapes the day-to-day routines of schooling and politics. Of interest to academics, students and policymakers, this collection shows how racism operates in numerous hidden ways and demonstrates how CRT challenges the taken-for-granted assumptions that shape educational policy and practice. The chapters in this book were originally published in the following journals: International Journal of Qualitative Studies in Education; Race Ethnicity and Education; Discourse: Studies in the Cultural Politics of Education; Critical Studies in Education.
| Author | : Kimberlé Crenshaw |
| Publisher | : The New Press |
| Total Pages | : 530 |
| Release | : 1995 |
| Genre | : Law |
| ISBN | : 1565842715 |
In the past few years, a new generation of progressive intellectuals has dramatically transformed how law, race, and racial power are understood and discussed in America. Questioning the old assumptions of both liberals and conservatives with respect to the goals and the means of traditional civil rights reform, critical race theorists have presented new paradigms for understanding racial injustice and new ways of seeing the links between race, gender, sexual orientation, and class. This reader, edited by the principal founders and leading theoreticians of the critical race theory movement, gathers together for the first time the movement's most important essays.
