Reading Review
Jiachen Jin & Jacob Qian
Understanding Critical Theory
What is “critical” theory?
How it can be related to topics such as race, gender, and sexuality?
Race, Racism & American Law
Introduction & Overview
What is this reading about:
- Start of Racial Conflicts
- Legal Battles Against Segregation
- Equality in Education
Foundations of Racial Jurisprudence: From Slavery to Civil Rights
Slavery and the Founding Fathers
- Origins of Contradiction
- Thomas Jefferson and the Declaration of Independence
- Slavery as a Political and Economic Issue
The Origin and Development of Slavery Compromise
- Political and Economic Roots
- Edmund Morgan's Analysis:
- Legal and Social Frameworks
The Principle of Involuntary Sacrifice
- Constitutional Compromises
- Symbolic and Political Uses
The Civil War Amendments and Civil Rights Acts
- Amendments as Political Strategy
- Civil Rights Act of 1866
- Challenges and Enforcement
The Lessons of the First Reconstruction
- Fragile Progress
- Legal and Social Challenges
- Historical Reflections
Understanding Racism Based on the Nineteenth-Century Experience
- Legacy of Racial Practices
- Impact of Racism on Law and Society
- Continuation into Modern Policies
Extracting Equality from the "Separate but Equal" Doctrine
· Strategic Legal Challenges
· Case of Sweatt v. Painter
· Impact on Legal Precedents
Brown V. Board of Education
The Brown Opinions
Robert L. Carter: An Advocate's Analysis of Brown
Various Challenges in School Desegregation
Judicial Retreat
White Flight
The Problem of Tracking
School Finance
Single-Race Schools
The Green/Swann/Keyes Breakthrough
Green v. County School Board of New Kent County
· Pivotal Decision
· Affirmative Duty
The Nixon Retreat and the Court's Response
· Political Shifts
· Court's Stance
Swann v. Charlotte-Mecklenburg Board of Education
· Broad Remedial Powers
· Operational Guidelines
The Neutral Principle of Race in Brown
Professor Wechsler and Neutral Principles
Scholarly Responses to Professor Wechsler：Support/Criticisms
Judicial Supremacy and Enforcement of Brown
Judicial Authority & Role of Supreme Court
Racial Interest-Convergence Principles
Interest-Convergence & Legal Realism
Minority Admissions and the Usual Price of Racial Remedies
1
Minority Admissions as a White Debate
2
Minority Admissions as a White Strategy
3
Minority Admissions as a White Threat
Bonilla-Silva, Racism Without Racists [Trigger Warning: Racist Epithets]
Introduction to Color-Blind Racism
Definition
• A form of racism that denies racial inequality by claiming to be “color-blind
Characteristics
• Outwardly promotes fairness and equality.
• Conceals ongoing systemic injustices by shifting responsibility to individuals.
Historical Context
• Emerged post-Civil Rights Movement as overt racism became socially unacceptable.
• Serves as a tool to rationalize and maintain racial privilege.
Frames of Color-Blind Racism
1
Abstract Liberalism Frame
• Uses liberal values like “individual choice” and “equal opportunity” to oppose racial policies (e.g., affirmative action).
2
Naturalization Frame
• Frames racial segregation or inequality as “natural phenomena” (e.g., “people naturally prefer those similar to them”).
3
Cultural Racism Frame
• Attributes minority inequality to “cultural deficiencies” (e.g., “Black people are poor because they don’t value education”).
4
Minimization of Racism Frame
• Downplays the severity or existence of discrimination (“Racism is not really a big issue anymore”).
Rhetorical Strategies and Defense Mechanisms
Common Rhetorical Moves
• “I am not a racist, but…”: A preemptive disclaimer to soften potentially offensive statements.
• “I am not black, so I don’t know…”: Denies knowledge or experience to distance from racial commentary.
Use of Exceptionalism
• Focuses on individual success stories to deny systemic racism (“Some Black people succeed, so racism doesn’t exist”).
Psychological Projection
• Shifts responsibility onto minorities (“They prefer to stick to their own”).
Institutional Continuation of Racism
• Hides institutional discrimination under the guise of “equality” (e.g., opposition to affirmative action).
Emotional Discomfort and Rhetorical Incoherence
Incoherence in Racial Discussions
1
Whites often show confusion, hesitation, or self-contradiction when discussing racial issues.
2
Reflects discomfort in addressing race while maintaining a “color-blind” image.
Example:
• Struggles with articulating positions on interracial marriage or affirmative action.
Hegemony and Ideology in Gramsci
Main Points
Hegemony as Intellectual and Moral Leadership
• Not just economic control; involves cultural and ideological dominance.
• Gained through civil society institutions like media, schools, and religion.
• Establishes a shared worldview as a form of societal consensus.
Civil Society vs. Political Society
• Civil Society: Generates consent via cultural institutions.
• Political Society: Enforces coercion through state mechanisms (police, legal system).
• Power maintained through a blend of persuasion and force.
War of Position vs. War of Movement
• Shift from direct revolutionary action (war of movement) to long-term ideological struggle (war of position).
• Focus on reshaping society’s common sense by penetrating civil society.
Ideology, Intellectuals, and Crisis
Ideology’s Role in Common Sense
• Ideology as an active force constructing social reality, aligning interests with the ruling class.
• Presents the ruling class’s worldview as universal, forming internalized control mechanisms.
Organic Intellectuals: Catalysts of Change
• Embedded within oppressed classes, they articulate and mobilize revolutionary ideology.
• Essential in the war of position, building counter-hegemony within civil society.
Crisis of Hegemony
• Occurs when the ruling class fails to maintain ideological consensus.
• Creates opportunities for counter-hegemonic forces to emerge and challenge existing structures.
Constructing Cultural Hegemony
• An ongoing process involving alliances and compromises across diverse social groups.
• Highlights the dynamic, negotiated nature of maintaining cultural dominance.
Criticism For Race, Racism & American Law
Overemphasis on Judicial Solutions
While judicial actions like Brown v. Board of Education are crucial for social change, overreliance on the courts may overshadow the equally important legislative and community-driven initiatives.
Assumptions about Racial Homogeneity
The arguments often assume homogeneity within racial groups, overlooking the significant socio-economic, cultural differences, and varied educational needs within these categories.
Criticism For Racism Without Racists
Simplification of Theory
• Overlooks complexity and diversity within racial dynamics.
• Relies on an overly binary framework (“racist” vs. “non-racist”).
Methodological Concerns
• Data Representation: Interview responses may not reflect broader societal views accurately.
• Subjectivity: Interprets statements as color-blind racism without considering non-racist intentions.
Neglect of Minority and Intersectional Perspectives
• Focuses on white perspectives, ignoring diversity within minority groups.
• Lacks an intersectional approach considering race, gender, and class.
Criticism For Hegemony and Ideology in Gramsci
Theoretical Extension and Ambiguity of Gramsci’s Concept of Hegemony
Gramsci expands hegemony beyond economics to include cultural and ideological aspects, which makes it challenging to quantify and measure.
Is the Distinction Between Civil and Political Society Too Simplistic?
Gramsci’s distinction between civil and political society may overlook their interconnections and mutual influence, simplifying their complex relationship.
Idealization of the “Organic Intellectual”
The role assigned to organic intellectuals in ideological struggle is arguably idealized and difficult to implement practically.
Dynamics of Hegemonic Crisis and the Reality of Opportunities
Although insightful, the concept of hegemonic crisis doesn’t guarantee that it will translate into the rise of counter-hegemonic forces in practice.
Overestimation of Cultural Hegemony
Gramsci may overemphasize cultural hegemony’s role, especially regarding the persistence and legitimacy of capitalist domination.
Discussion Questions
1
Bell’s concept of “involuntary sacrifice” suggests that black advancement has historically depended on resolving conflicts among white factions rather than a genuine commitment to racial equality. In what ways might this dynamic still shape modern policy decisions, such as debates over criminal justice reform, economic inequality, or voting rights? How can social movements ensure that progress for marginalized groups is not merely incidental to the interests of those in power?
2
How can minority groups effectively organize and articulate demands for racial equality within a society that predominantly subscribes to “color-blind” ideology?
3
In the reading it says that "men's acquisition of consciousness through ideology will not come individually but always through the intermediary of the ideological terrain where to hegemonic principles confront each other." If true, this seems to destabilize some of what critical theory seeks to accomplish -- interrogating ideologies which have yet to be interrogated. Hence my question: To what extent can unchallenged ideologies be identified within our society, and if identification must be limited, how does their invisibility undermine critical theory's aim to critique hegemonic norms?
4
To what extent is the right-wing understanding of Gramscian analysis is flawed? And which parts do they get it right? In contrast, is Wikipedia and mainstream media's framing of conspiracy theory in the above quote appropriate? Because for me, it does create even more confusion about what counts as critical and what counts as conspiratorial. Will their definition do more harm than good for scholarship in the field of Marxist cultural analysis?
5
What happens when placing Gramsci's idea of hegemony and ideology in an international context, and how can we interpret international relations in this case?