Critical and social movements
Critical Race Theory
Race and racism are built into legal institutions: examine how neutral-looking law keeps inequality in place.
1980s to today · United States. Spotted a mistake? Tell us.
What is law?
Law and legal reasoning are not race-neutral. Scholars use history, storytelling and the lived experience of people of colour to show how racial hierarchy can persist even where explicit discrimination is outlawed.
Law and morality
Law should be judged by whether it dismantles racial hierarchy.
Where does its authority come from?
Moral and historical critique of existing law.
How should judges decide?
Look at the effects of rules, not just their wording, and at the history that produced them.
The question it asks
Does formally equal law produce equal results?
Main criticism
Critics question its claims about neutrality and the use of narrative as evidence, and there is political controversy about how it is taught.
Legacy today
The idea of intersectionality, research on implicit bias, and work on policing and criminal justice.
Key thinkers
Derrick Bell, Kimberlé Crenshaw, Richard Delgado, Mari Matsuda, Patricia Williams.
Key works
- Bell, Faces at the Bottom of the Well (1992)
- Crenshaw, Demarginalizing the Intersection of Race and Sex (1989)
- Williams, The Alchemy of Race and Rights (1991)
Compare with
Take it further
How legal systems and codes grew.
A whole chapter of black-letter law on one printable page. Free sample.
- Pocket guides $12
Short PDF reference books with closed-book self-checks.
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Read further
Stanford Encyclopedia of Philosophy: philosophy of law (an overview). For the exact arguments, go to the original works above.
TheLawToKnow Tools’s guide to schools of legal thought is an educational overview. It is not legal advice. Report a mistake.

