Suchergebnisse

No artigo que aqui apresentamos, pela primeira vez traduzido para o português, a Professora Angela Harris discute, a partir da oposição das vozes de um "Eu" que só conhece particularidades e um "Nós" que apenas conhece generalidades e silencia outras vozes, a teoria feminista do Direito. Para isso, trabalha com a produção das teóricas feministas norte-americanas Catharine MacKinnon e Robin West para argumentar que ambas produzem uma teoria feminista do Direito assentada no essencialismo de gênero. Sustenta o perigo desse essencialismo de gênero, uma vez que ele especialmente silencia as vozes de mulheres não-brancas e do feminismo negro e ou ignora ou trata como mera variação de uma experiência branca a experiência dessas mulheres e, ao fim, destaca a necessidade de uma teoria feminista do Direito que reflita a consciência múltipla.

In the last few decades, the United States has seen the proliferation of social movements that incorporate the word "justice." [X] justice movements share several commitments. First, they both make use of, and are critical of, legal rights. Second, [X] justice movements embrace the concept of interacting subordinations. Third, they begin with land, water, food, health, and reproduction, engaging with dynamics usually ruled outside the scope of democratic politics. I argue that these combined commitments disrupt two central projects of white settler societies: (1) the production of the (proper) national citizen as white and male and (2) the understanding that the "economic" sphere is not, and should not be, subject to democratic norms. In disrupting these foundations of white settler societies, I argue that [X] justice movements are striving to change what it means to be "human."

In this Essay, I am interested in the relationship among ideology, ideological critique, and emotion. I argue that the ideological critique produced by Marx in the nineteenth century and by critical legal theorists in the twentieth and twenty-first centuries undertakes not only to persuade our minds but also to rally our emotions. To accomplish this, critical theorists show us that ideology is already a technique of emotion management. Ideology makes suffering invisible and compassion inappropriate by assuring us that the status quo is natural, normal, and necessary. Ideological critique, in turn, reveals the suffering beneath the bland façade of ideological concepts like "capital" and "property." It tries to persuade us, moreover, that this suffering is unjust and unnecessary: that politics and not nature is its source, and that we should act to relieve it.

Critical race theory in the United States is at a crossroads. As a jurisprudence it seems to be a success story: the number of legal scholars affiliating themselves with the movement seems to be steadily expanding; works of critical race theory are widely cited; and the literature is slowly but steadily moving out from the legal academy to reach a wider public. On the other hand, critical race theory as a community seems in danger of fragmentation, implosion, or simple abandonment. This article argues that the ill health of critical race theory as a community stems from a lack of critical attention to the politics of community building itself. This lack of critical attention created a vacuum filled by a patriarchal conception of race as 'family', a conception that ignores the lessons of queer activism and theory as well as feminism. The article argues that treating community building and community maintenance with the same critical energies that critical race theorists give to their intellectual constructions is important not just to the project of saving critical race theory as a community, but to the world-wide project of how to situate 'identity politics' within a strong commitment to justice and human flourishing.

In this time of accelerating crises nationally and worldwide, conventional understandings of the relationships among state, market, and society and their regulation through law are inadequate. In this Editors' Introduction to Volume 1, Issue 1 of the Journal of Law and Political Economy, we reflect on our current historical moment, identify genealogies of the Law and Political Economy (LPE) project, articulate some of the intellectual foundations of the work, and finally discuss the journal's institutional history and context.