i also want to clarify that i'm not, like, opposed to crt or something. whatever that even means.

we really shouldn't even talk about critical race theory as though it's some unique thing, or the ideas are fundamentally black in origin. we should really talk about the racial application of critical theory, which is the broader theory that suggests that justice is not blind, but the consequence of power imbalances. again: i'm an anarchist. i'm all into that.

the power imbalances discussed in critical theory are pretty broad. the classic target in critical theory is actually class, but it can also be used to analyze power imbalances in gender, race, sexual orientation, political affiliation* or whatever else. i used critical theory to analyze the quebec reference succession case when i was in school (the prof was not amused). the basic idea is just that the law works on prejudice: judges come up with reactions first, and then look for answers in the law afterwards, rather than allow the evidence to guide them.

the problem with crt comes when you let it loose into the wild, and in most cases it's not even a problem with crt. it's just a classic case of low information arts majors thinking they can talk about something complicated, and repeatedly failing to really grasp it - and then standing their ground in it rather than learning.


* i think that one is pretty prevalent nowadays, actually, with all of the politicized court battles and seemingly inconsistent court rulings coming out of them.