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Bradly Mason

@AlsoACarpenter

17 Jun

https://twitter.com/AlsoACarpenter/status/1405577916310687744

I’d like to say a bit more on this point, viz., different ways of understanding the equal protection clause throughout legal history. Some CRT in practice here.

Thread (long):

https://twitter.com/AlsoACarpenter/status/1405577916310687744

2/ The 14th Amendment, the ostensible basis of the Court’s holding in Brown v Board of Education as well as the basis for most subsequent civil rights legislation, includes the following clause:

"No State shall make or enforce any law which shall abridge the privileges or

3/ "immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the *equal protection of the laws*."

Read 16 tweets

Bradly Mason

@AlsoACarpenter

17 Jun

This is how CRT theorists understand "systemic racism" (note: every word and phrase here is intentional):

"Critical race theory challenges ahistoricism and insists on a contextual/historical analysis of the law. 1/

2/ "Current inequalities and social/institutional practices are linked to earlier periods in which the intent and cultural meaning of such practices were clear.

"More important, as critical race theorists we adopt a stance that presumes that racism has contributed to all

@mari_matsuda

3/ "contemporary manifestations of group advantage and disadvantage along racial lines, including differences in income, imprisonment, health, housing, education, political representation, and military service. Our history calls for this presumption." ~@mari_matsuda et al

Read 10 tweets

Bradly Mason

@AlsoACarpenter

10 Jun

Things I’m tired of hearing about CRT:

1. “It divides people into oppressor/oppressed groups.” No, it recognizes empirically discovered existing social group oppressive hierarchies.

2. “CRT teaches that White people are ‘intrinsically’ and necessarily oppressors.” No, so-called “oppressor groups/oppressed groups” are not essentialist categories, such that, e.g., “white” or “male” equals “oppressor” as such, nor “black” or “female” equals “oppressed” as such.

3. “Intersectionality teaches that layers of oppression add up based on identities.” No, intersectionality teaches that social group identities are “reciprocally constructing phenomena.” They ….. intersect(!) and create unique social locations.

Read 9 tweets

Bradly Mason

@AlsoACarpenter

8 Jun

Patricia Hill Collins and Sirma Bilge argue in their book, Intersectionality (Key Concepts), that though there are “varied and sometimes contradictory answers” to “What is intersectionality?,” “[m]ost would probably accept the following description”: 1/

2/ "Intersectionality is a way of understanding and analyzing the complexity in the world, in people, and in human experiences. The events and conditions of social and political life and the self can seldom be understood as shaped by one factor. They are generally shaped by many

3/ "factors in diverse and mutually influencing ways. When it comes to social inequality, people’s lives and the organization of power in a given society are better understood as being shaped not by a single axis of social division, be it race or gender or class, but by many axes

Read 8 tweets

Bradly Mason

@AlsoACarpenter

6 Jun

Broadly speaking, two visions of civil rights law emerged out of the Civil Rights Movement (CRM). The tension between them explains much of where we are now.

A thread:

2/ On the one hand, White progressives, along with the developing Black middle-class, centered their continued civil rights vision on the analytics of prejudice, discrimination, and segregation.

3/ That is, the social problem of racism was understood to be personal prejudice and bias due to irrationally allowing physical and ancestral difference to justify partiality; discrimination was thought to be the specific, individuable, and intentional actions resulting from

Read 16 tweets

Bradly Mason

@AlsoACarpenter

4 Jun

I believe the social construction of race thesis is central to Critical Race Theory analysis and has wide ranging, radical, and inescapable implications.

A thread:

2/ The social construction thesis is, in short, that race is not a natural, biological, “out there” entity such that it exists independently of law and society. Rather, it is a product of human social interaction, a construction of social reality.

3/ Further, race and racial categories were historically created to justify and maintain social hierarchy, slavery, and other forms of group-based exploitation, as well as to distribute rights, citizenship, privileges, access, and disparate advantages/disadvantages.

Read 12 tweets

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