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LWSO 201 Lecture Notes - Mitigating Factor, Feminist Legal Theory, Critical Legal Studies

Law and Society
Course Code
LWSO 201
Marywyatt Sindlinger

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Critical Race Theories
1) Theoretical Roots
a) Critical Legal Studies
b) Feminist Legal Theories
2) Goals
a) Rectifying the wrongs of racism while acknowledging that racism is an inherent
part of modern society
b) Bring to legal analysis perspectives (rooted in race) that were previously excluded
3) Key Concepts
a) Ordinariness of racism
b) Social construction thesis of race
c) Interest convergence
d) Differential racialization
e) Intersectionality
f) Anti-essentialism
g) Voice
4) Cases
• shafia - critical legal studies (journal entries)
• lacy jones mcnight - what we talked about thursday (killing after a break up)
• feminist legal theory: know definition : link b/w the material conditions of women's lives w/ the
idea that the law constricts and supports those conditions
• problems: essentialism
• similar to theories
• similar b/c it looks at the connection b/w law and power
• connection between "racial groups", law and power
• people and people OF colour — makes caucasian the standard
• 1970s civil rights movement stalled for a little bit - underneath the surface
• 1980 - critical race theory developed
• look at more settle forms of racism
• critical race theory - some of the same ideas as fem. theory
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