To give an account of clarification of the term ‘race’ the Supreme Court has given four distinct ideas i. e, status-race, formal-race, historical-race and cultural-race. Culture-race uses ‘Black’ to refer to African-American culture community and consciousness. What is desired is race-blind society rather than color-blind society. Hispanics are denied the health insurance despite having highest rate of asthma and a high rate or AIDS. Other aspect is medical schools have cut down the minority enrollment of about 19 percent . Critical Race Theory helps to demonstrate how racism is used to enact laws which deny Hispanics health care access.
Critical Race Theory (CRT) helps in supporting the legal-structural response to hate speech. The central plank on the issue is free speech V freedom from discrimination. Critical Race Theory guides in giving a distinct approach to the conflict between free speech and equal treatment compared to other democracies . Applications of Critical Race Theory: Critical Race Theory was applied in many instances where socialized and institutionalized oppression of racial minorities has been litigated in courts. It was applied to draft hate crime/speech legislation, feminist legal theory and tortuous actions for racial insults. In Hate speech case (R.
A. V. v. City of St. Paul) the act of cross burning was protected by the first amendment. Several subdivisions has come up with in the critical race theory based on the culture such as Latino critical race studies, Asian American critical race studies, American Indian critical race studies & critical race realism. Critical Race Theory was cited only once Locur v. Giulani, 269 F. Supp. 2d 368, S. D. N. Y. (2003) case. Transformation and legitimating in antidiscrimination law: Neoconservatives and Critical legal scholars have suggested that the civil rights reforms have been unsuccessful means of achieving racial equality in America.
Antidiscrimination law has largely succeeded in eliminating the symbolic manifestations of racial oppression, but has allowed the perpetuation of material subordination of blacks. Critical legal scholars present race consciousness as a central ideological and political pillar upholding existing social conditions. CLS prescriptive made it clear that legal reform was a viable pragmatic strategy for Blacks confronted with the threat of unbridled racism on one hand and co-option on the other. Benefits of Critical Race Theory:
Important feature of the critical race theory is its application to the existing conditions in the world. Several benefits were come up with the critical race theory. Some the areas were immigration laws, criminal investigation laws, political sphere, judiciary, education e. t. c. It helped to the address the question concerning assimilation, acculturation, generational conflict, social mobility, the racial profiling, anti-immigration sentiment, the increased militarization of the US-Mexico border, and the high number of immigrant deaths on the border.
Critical race theory helps educators in understanding the class room dynamics, tracking students & testing. It also helps the people in the political sphere to understand voting discrepancies, race-based campaigning and other issues. 1. Why criminal justice system in U. S results in the 70% of colored prisoners? 2. Interest convergence, would seem an appropriate avenue for exploring a number of criminal justice issues, including the war on drugs.
The role of discretion in the criminal justice system and the way thousands of discretionary acts may add up to racial unfairness need to be traced in detail, as does our structure of punishment which includes rehabilitation for people like us, whoever we are but retribution for all the rest . Criticism: The Critical Race Theory has diverted from the conception of law as system of rules and teaching. Now it is full of indeterminacy and veiled, clashing interests. The social construction of race and the related idea of differential racialization, holds that race and races are products of social thought.
Conclusion: Critical race theory helped in the social construction. The logical conclusion with the election of the Barack Obama would mean rejecting the concept of race altogether. But the issues of racial profiling and other racial discriminatory acts have to be carefully monitored. With the election of American-African President Barack Obama should use the Critical Legal Studies to address the issues shown by the Critical Legal Theory in building social construction of the American society.
1. Brendan McGuigan, Wise Geek, What is critical race theory, December, 4, 2008, http://www.wisegeek.com/what-is-critical-race-theory.htm