Critical race theory (CRT) is a field of scholarship focused on the relationship between social concepts of race and ethnicity, social and political law, and the mass media. The theory holds that racism is systemic and not just based on individual biases. The “critique” emphasized in CRT is not an accusation or blame to an individual, but rather an academic reference derived from critical theory. One of the core concepts of this theory is intersectionality, which is how different forms of inequality and identity are influenced by the interconnectedness of race, class, gender, and disability.
Scholars believe that race is a social construct and has no biological basis.
Critical race theory views racial inequality as a deep-seated problem in American society, rather than simply the result of isolated events. According to this theory, differential outcomes by race result from complex, changing, and often subtle social and institutional dynamics rather than being driven by explicit and intentional biases of individuals. CRT scholars also point out that the social and legal construction of American law is designed to promote the interests of white people to the detriment of people of color.
Critical race theory first emerged in the post-civil rights era in the United States, when the civil rights laws of the 1960s were being weakened and schools were becoming segregated again. Because racial inequality persists even after equality is achieved through the law, in the 1970s and 1980s CRT scholars began to re-examine and expand critical legal studies theories about class, economic structure, and the law.
Gary Peller once said: "Critical race theory is completely different from the traditional legal observation model. It focuses on structural and institutional inequality."
One of the important concepts of CRT is overlap, which was proposed by legal scholar Kimberly Crenshaw. She points out that different identities are intertwined to shape their own experiences and needs, affecting our understanding of social inequality. Critical race theory confronts the fact that racism is not a rare event but a norm in American society.
Critical race theory was developed in the United States in the 1970s, involving scholars such as Derek Bell, Keir Harris and Bart History. The works of these scholars explore the roots of racial inequality and how the legal system plays a role in reinforcing such inequality from multiple perspectives.
Critical race theory argues that the definition of race should not be fixed, but rather evolves over time and historical context. Scholars seek to gain a deeper understanding of the needs and situations of different social groups by conducting intersectional analysis.
Bell mentioned in his book: "Racial equality is an unattainable illusion, and racism is permanent in the United States."
Since 2020, conservative U.S. lawmakers have attempted to ban or restrict the teaching of critical race theory in elementary and middle schools, as well as related training within federal agencies. These opponents claim that critical race theory is false, anti-American, smears black people, promotes radical left ideas, and claims that it brainwashes children.
However, supporters of critical race theory point out that these opponents misunderstand and exaggerate its basic ideas in order to suppress discussion of racism, equality and social justice more broadly. They believe that this controversy actually reflects deep-seated problems in American society's basic understanding of racial inequality.
Scholars emphasize that the core of critical race theory is to reveal the structural problems of race rather than simply criticizing individuals.
In this ongoing debate, critical race theory is not limited to academia; its influence has spread to all levels, including education, media, public policy, and social movements. The occurrence of many social events, such as the "Black Lives Matter" movement, has further drawn people's attention to the urgency of racial issues.
The evolution of critical race theory reveals the long-standing invisible but deep-seated structural challenges of racial inequality in American society. In the face of persistent racial inequality, we need to rethink structural issues in law, society, and politics. In this process, can we achieve a truly fair society? This is another question worth pondering.