| ... |
... |
@@ -1,0
+1,65 @@ |
|
1 |
+Framing |
|
2 |
+ |
|
3 |
+Postmodernist critiques question the faith in liberal institutions; the law is reified and seen as a higher entity separate from politics. |
|
4 |
+Harris 1Angela P. Harris, The Jurisprudence of Reconstruction, 82 Cal. L. Rev. 741 (1994). http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1708andcontext=californialawreview |
|
5 |
+Although CRT emerged in part in reaction against CLS,z3 the word "critical |
|
6 |
+AND |
|
7 |
+law and finds concepts of "race" and racism always already there. |
|
8 |
+ |
|
9 |
+We must seek a methodology that reconciles the faith in liberal institutions with a criticism of them; a binary fails to recognize the harms of rejecting one for the other. |
|
10 |
+Harris 2 Angela P. Harris, The Jurisprudence of Reconstruction, 82 Cal. L. Rev. 741 (1994). http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1708andcontext=californialawreview |
|
11 |
+I have thus far argued that CRT takes as its goal the liberation of people |
|
12 |
+AND |
|
13 |
+of freedom and liberal democracy, but to make good on their promises. |
|
14 |
+ |
|
15 |
+Current identities are defined by the dominant system as "nondominant"; we must embrace a politics of difference by transforming power structures to begin reform toward true equality. |
|
16 |
+Harris 3 Angela P. Harris, The Jurisprudence of Reconstruction, 82 Cal. L. Rev. 741 (1994). http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1708andcontext=californialawreview |
|
17 |
+Unlike crits, whose primary intellectual-political commitment is to criticism itself, race |
|
18 |
+AND |
|
19 |
+a commitment to political modernism and a deep skepticism of it. . . |
|
20 |
+ |
|
21 |
+Thus, the standard is to engage in jurisprudential reconstruction: write back against white institutions in order to transform our views on the racialized subject. |
|
22 |
+Harris 4 Angela P. Harris, The Jurisprudence of Reconstruction, 82 Cal. L. Rev. 741 (1994). http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1708andcontext=californialawreview |
|
23 |
+Within legal studies, the attempt to use the dissonance between modernism and postmodernism creatively |
|
24 |
+AND |
|
25 |
+goal, and finally suggest ways in which CRT might further this project. |
|
26 |
+ |
|
27 |
+Inherency |
|
28 |
+ |
|
29 |
+Generative independence is denied to the black community under the illusion of white protection. Recognition of this paternalism is key to fostering political resistance and reforming our egalitarian conception of rights. |
|
30 |
+Williams 1 Patricia J. Williams, ALCHEMICAL NOTES: RECONSTRUCTING IDEALS FROM DECONSTRUCTED RIGHTS 22 Harv. C.R.-C.L. L. Rev. 401 (1987). http://gendersexualityfeminist.duke.edu/uploads/media_items/williams-reading.original.pdf |
|
31 |
+One lesson I never learned in law school, the one lesson I had to |
|
32 |
+AND |
|
33 |
+precisely what is given to each of us as something exclusively his?" 95 |
|
34 |
+ |
|
35 |
+====Rights are key to empowerment. Thus, we must critique its commodification by the white ideological hegemony that gives the illusion of freedom. ==== |
|
36 |
+Williams 2 Patricia J. Williams, ALCHEMICAL NOTES: RECONSTRUCTING IDEALS FROM DECONSTRUCTED RIGHTS 22 Harv. C.R.-C.L. L. Rev. 401 (1987). http://gendersexualityfeminist.duke.edu/uploads/media_items/williams-reading.original.pdf |
|
37 |
+To say that blacks never fully believed in rights is true; yet it is |
|
38 |
+AND |
|
39 |
+1 1 4 but that a luminous golden spirit owns us. 10 5 |
|
40 |
+ |
|
41 |
+Advantage 1 is disenchantment from the law |
|
42 |
+ |
|
43 |
+Current limitations reflect an unbalanced power dynamic in which whites have control over what speech is allowed; the minority is denied the ability to resist. |
|
44 |
+Delgado and Yun '94: (Richard Delgado and David H. Yun, Pressure Valves and Bloodied Chickens: An Analysis of Paternalistic Objections to Hate Speech Regulation, 82 Cal. L. Rev. 871 (1994)FT) Regulation, 82 Cal. L. Rev. 871 (1994) D. "More Speech" |
|
45 |
+Defenders of the First Amendment sometimes argue that minorities should talk back to the aggressor |
|
46 |
+AND |
|
47 |
+order to reconceptualize the ideal of "rights." I defend the resolution. |
|
48 |
+ |
|
49 |
+The university is uniquely key because of its ability to normalize our political relations; rejecting speech limitations within the university is key to foster an environment that allows for a reconceptualization of the "right to free speech." |
|
50 |
+Harris and Spivak Angela P. Harris, The Jurisprudence of Reconstruction, 82 Cal. L. Rev. 741 (1994). http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1708andcontext=californialawreview |
|
51 |
+"I thought the desire to explain might be a symptom of the desire to |
|
52 |
+AND |
|
53 |
+" or "practice"; its work instead is to refuse that dichotomy. |
|
54 |
+ |
|
55 |
+The circulation of free speech is the starting point for a non-exploitative rights based framework. It reconfigures rights discourse so that we contest the constructed reality that kills rights. |
|
56 |
+Williams 3Patricia J. Williams, ALCHEMICAL NOTES: RECONSTRUCTING IDEALS FROM DECONSTRUCTED RIGHTS 22 Harv. C.R.-C.L. L. Rev. 401 (1987). http://gendersexualityfeminist.duke.edu/uploads/media_items/williams-reading.original.pdf |
|
57 |
+But this failure of rights discourse, much noted in CLS scholarship, does not |
|
58 |
+AND |
|
59 |
+give "utility" to maintaining the earth in an unexploited form.88 |
|
60 |
+ |
|
61 |
+====Removing restrictions on free speech is KEY to recognizing the independence of minorities; discourse allows them to reshape their relation to the world and thus empowers them in the liberation struggle. ==== |
|
62 |
+Lawrence Charles R. Lawrence III, The Word and the River: Pedagogy as Scholarship as Struggle. 65 S. Cal. L. Rev. 2231 1991-1992. |
|
63 |
+establishes the concept of ego in reality, in its reality.' "9 |
|
64 |
+AND |
|
65 |
+voice, the African is absent, or defaced, from history.92 |