CRITICAL_RACE_THEORY.docx - CRITICAL RACE THEORY BY K.S.SIDDHARTH CHANDRA ROLL NO.42\/2011 National Law University Delhi TABLE OF CONTENTS Page No

CRITICAL_RACE_THEORY.docx - CRITICAL RACE THEORY BY...

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CRITICAL RACE THEORYBYK.S.SIDDHARTH CHANDRAROLL NO.42/2011National Law University, Delhi
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TABLE OF CONTENTSPage No.Introduction 1I. What are the claims of CRT? 2II. What is the methodology adopted by CRT? 4III. Is the critical caste theory plausible in Indian context? 6Conclusion 7Bibliography i
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INTRODUCTIONCritical Race Theory(CRT) is a scholarly reform that has taken place in the UnitedStates as an offspring of the Critical Legal System(CLS), CRT responded to the CLS when itfailed to effectively address the consequences of race and racism in the United Statesjurisprudence. Mari Matsuda defines critical race theory as the work of progressive legalscholars of colour who are attempting to develop a jurisprudence that accounts for the role ofracism in American law and that work that work toward the elimination of racism as part of alarger goal of eliminating all forms of subordination.1In particular the critical race theoryfinds fault with the dominant discourse on race and racism as it shows the relation to the lawby examining how the legal policy is used to treat certain racial and ethnic groups assubordinates.2CRT is a school of thought which says racism is a permanent component of Americanlife, it is ordinary and not aberrational and however contends that the experiential knowledgeof colour people is an essential part to analyze and understand the racial inequality. CRT is alens through which various issues that are connected to racism have to be looked at and it is aframework that is dedicated to an agenda of social justice so as to eliminate all forms ofsubordination of the people. Though the civil rights movement has ended in the U.S. and anti-discrimination laws have come up, the racist bias and the white supremacy hasn't vanishedaway completely. There are various stories from lives of several people belonging to minorityand oppressed races in the U.S. which tell us in what form the discrimination exists in today'sworld.I have framed the following research questions so as to analyze the critical race theory withinthe framework of these questions. (i) What are the claims of CRT?(ii) What is the methodology adopted by CRT?(iii) Is Critical Caste Theory plausible in Indian context?1Daniel G.Solorzano, Images and Words that Wound: Critical Race Theory, Racial Stereotyping, and Teacher Education, Teacher Education Quarterly, Summer 1997, (Nov.17,2013), available at 2Id1
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I. WHAT ARE THE CLAIMS OF CRT?The very important claim that the Critical Race Theory raises is that the law is not neutral. Law exists not as an objective mechanism for resolving the disputes but rather as an intrinsically politicised instrument for ordering people in particular ways and in accordance toparticular interests.
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