QUESTION

1.What is the problem with the notion of 'rights' as a means of achieving racial justice through law?

2.What is the problem with the notion of 'equality' as a means of achieving racial justice through law?

3.What is meant by 'critical scholarship' here and how does it relate to law?

Kimberl Williams Crenshaw "Race, Reform, and Retrenchment: Transformation and Legitimation in Anti-Discrimination Law" (1988) Harvard Law Review 101 (2) 1131 .

4.What does Crenshaw mean by 'otherness' and how does it apply to race? Can you think of any examples of racial 'othering'

a.In law

b.Elsewhere

5.What is Crenshaw's main criticism of 'critical' approaches more broadly?

6.This article was published in 1988. What is its relevance now?

7.Crenshaw does not expressly critique any of the writers covered on this course up until now. How might you apply these arguments to the work that you have encountered elsewhere on this course?