- The Oxford Handbooks of Political Science General Editor: Robert E. Goodin
- About the Contributors
- The Study of Law and Politics
- Judicial Behavior
- Strategic Judicial Decision-making
- Historical Institutionalism and the Study of Law
- The Rule of Law and Courts in Democratizing Regimes
- The Global Spread of Constitutional Review
- Establishing and Maintaining Judicial Independence
- The Judicialization of Politics
- Comparative Federalism and the Role of the Judiciary
- Legal and Extralegal Emergencies
- International Law and International Relations
- The European Court and Legal Integration: An Exceptional Story or Harbinger of the Future?
- War Crimes Tribunals
- The Globalization of the Law
- Civil Law and Common Law: Toward Convergence?
- Constitutional Law and American Politics
- The Legal Structure of Democracy
- Administrative Law
- Legislation and Statutory Interpretation
- Informalism as a Form of Legal Ordering
- Natural Law
- Rights in Legal and Political Philosophy
- Formalism: Legal, Constitutional, Judicial
- Feminist Theory and the Law
- The Racial Subject in Legal Theory
- Filling the Bench
- The U.S. Supreme Court
- Relations among Courts
- Litigation and Legal Mobilization
- Legal Profession
- Judicial Independence
- Law and Regulation
- Law as an Instrument of Social Reform
- Criminal Justice and the Police
- Law and Political Ideologies
- Courts and the Politics of Partisan Coalitions
- Understanding Regime Change: Public Opinion, Legitimacy, and Legal Consciousness
- Law and Society
- The Analysis of Courts in the Economic Analysis of Law
- Psychology and the Law
- Law and History
- The Path of the Law in Political Science: De-centering Legality from Olden Times to the Day before Yesterday
- Reflections about Judicial Politics
- Law and Politics: The Problem of Boundaries
- Name Index
- Subject Index
Abstract and Keywords
Neither the subject of race, nor its racialized subjects, played a significant role in legal scholarship for most of the last century. It was not until relatively recently that legal scholars began seriously to engage matters of race and the experiences of people of color in the United States. This article examines the ways in which scholars have addressed the problem of race in legal theory. In offering this critical overview, it hopes to provide context for ongoing debates about the persistence of racial inequality in American society, to underscore the limitations of earlier theories about race and racial discrimination, and, ultimately, to highlight the promise of engagement with “traditional” legal theories for understanding the nature of racial subordination. First, the article explores legal discourse on race in the years preceding the groundbreaking U.S. Supreme Court decision, Brown v. Board of Education. It then charts the emergence of Critical Race Theory (CRT) before concluding with a discussion of fruitful areas of future study regarding the place of race in American law.
Sheila R. Foster is Albert A. Walsh Professor of Law and Co-Director of the Stein Center for Law and Ethics at Fordham University.
R. A. Lenhardt is Associate Professor of Law at Fordham University School of Law.
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