Social Justice Tort Theory

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Martha Chamallas
Keyword(s):  
Social Justice ◽  
Critical Race Theory ◽  
Civil Rights ◽  
Queer Theory ◽  
Law And Economics ◽  
Tort Law ◽  
Corrective Justice ◽  
Race Theory ◽  
Critical Disability Studies ◽  
The Impact

Abstract Alongside the dominant law and economics and corrective justice approaches to tort law, a new genre of tort theory based on principles and perspectives of social justice has come into its own and deserves recognition. Social justice tort theory starts from the premise that tort law reflects and reinforces systemic forms of injustice in the larger society and maintains that the compensatory ideal of tort law cannot be extricated from these larger systems. It is multi-dimensional and intersectional, recognizing that the impact of injury lands intersectionally, sometimes changing the intensity of the injury or distorting the nature of the injury. Social justice tort scholars have examined torts in gendered and racialized contexts, as well as in ordinary cases that seem to have little to do with systemic injury. In addition to feminist and critical race theory, they have borrowed from critical disability studies, queer theory and political economy. Their work demonstrates how tort law unfairly distributes damages, fails to provide adequate relief for victims of sexual assault or for people who suffer racial insult and discrimination, and erases maternal and reproductive harms. In their work, we can see common deconstructive moves (an emphasis on disparate impacts and devaluation; a teasing out of cognitive bias; and a critique of exceptionalism in tort doctrine) as well as guiding principles for reconstruction (incorporating victims’ perspectives; treating boundaries between civil rights law and tort law as permeable; and enhancing dignity and recognition).

From salvation to inquiry: Preservice teachers’ conceptions of race

2020 ◽  
Vol 10 (4) ◽  
pp. 368-384
Author(s):  
Lucinda Grace Heimer
Keyword(s):  
Teacher Education ◽  
Preservice Teachers ◽  
Social Justice ◽  
Critical Race Theory ◽  
Classroom Practice ◽  
Future Teacher ◽  
Teacher Education Programs ◽  
Education Programs ◽  
The Impact

Race is a marker hiding more complex narratives. Children identify the social cues that continue to segregate based on race, yet too often teachers fail to provide support for making sense of these worlds. Current critical scholarship highlights the importance of addressing issues of race, culture, and social justice with future teachers. The timing of this work is urgent as health, social and civil unrest due to systemic racism in the U.S. raise critiques and also open possibilities to reimagine early childhood education. Classroom teachers feel pressure to standardize pedagogy and outcomes yet meet myriad student needs and talents in complex settings. This study builds on the current literature as it uses one case study to explore institutional messages and student perceptions in a future teacher education program that centers race, culture, identity, and social justice. Teaching as a caring profession is explored to illuminate the impact authentic, aesthetic, and rhetorical care may have in classrooms. Using key tenets of Critical Race Theory as an analytical tool enhanced the case study process by focusing the inquiry on identity within a racist society. Four themes are highlighted related to institutional values, rigorous coursework, white privilege, and connecting individual racial and cultural understanding with classroom practice. With consideration of ethical relationality, teacher education programs begin to address the impact of racist histories. This work calls for individualized critical inquiry regarding future teacher understanding of “self” in new contexts as well as an investigation of how teacher education programs fit into larger institutional philosophies.

scholarly journals 4127 Achieving health equity in translational research: Applying critical race theory in workforce curricula to address disparity

2020 ◽  
Vol 4 (s1) ◽  
pp. 77-77
Author(s):  
Kristina Gern Johnson ◽  
Karen C. Johnston ◽  
Jennifer Phillips ◽  
Maryellen Gusic
Keyword(s):  
Health Disparities ◽  
Critical Race Theory ◽  
Health Equity ◽  
Critical Reflection ◽  
Social Structures ◽  
List Type ◽  
Critical Race ◽  
Race Theory ◽  
Community Based Research ◽  
The Impact

OBJECTIVES/GOALS: Learners will: Identify social structures that serve as root causes of health disparitiesCritically evaluate the ways in which racism, culture, and power perpetuate disparityUse critical reflection to shape their research and advocate for institutional changeMETHODS/STUDY POPULATION: The Integrated Translational Health Research Institute of Virginia (iTHRIV) Health Equity curriculum provides a lens for participants to view health disparities, social structures that create and perpetuate disparities, and the path to a more equitable future. This longitudinal workforce curriculum incorporates the principles of critical race theory (CRT), including: race as a social construct, structural determinism, intersectionality, and the social construction of knowledge. Learners gain practical experience through facilitated group discussions and critical reflection of their own work including research question design, recruitment, dissemination, and enhancing the faculty pipeline. RESULTS/ANTICIPATED RESULTS: To measure the impact of the curriculum, we will evaluate learners’ participation in mentoring activities for persons from underrepresented backgrounds; participation in local and national diversity and inclusion efforts; engagement in community-based research; ability to account for implicit bias and power imbalances in their research design, including in recruitment and retention; and share research findings with community members and research participants. Evaluation strategies will include quantitative and qualitative methodologies. DISCUSSION/SIGNIFICANCE OF IMPACT: There is growing recognition of the impact of racism on the development and perpetuation of health disparities. Public health critical race praxis (an adaptation of CRT) is emerging as a theoretical framework to empower researchers to challenge the status quo in order to achieve health equity.

Constructing a Positive Intrasection of Race and Class for the 21st Century

2008 ◽  
Vol 18 (2) ◽  
pp. 249-267 ◽  
Author(s):  
Carlos R. Mccray
Keyword(s):  
Social Justice ◽  
African Americans ◽  
Critical Race Theory ◽  
Middle Class ◽  
Race Theory ◽  
Theoretical Concepts ◽  
Potential Barriers ◽  
Race And Class ◽  
Middle Class Blacks ◽  
Insight Into

This article attempts to provide some transparency with regard to how the intersection of race and class negatively affects African Americans in their effort to fight for social justice with regard to classism. Based on the explicit historical attempt to definitively make race and class synonymous, such a manufactured intersection is powerfully ingrained within the American psyche, and it has successfully created a quagmire with middle-class Blacks in their effort to fight against class injustice—specifically, those who are discriminated against in our society because of their lack of educational pedigree, economic standing, and job occupation. Thus, this article attempts to infuse sociological theoretical concepts with strands of critical race theory to provide insight into the potential barriers of middle-class Blacks’ amalgamation with African Americans of lower-wealth communities.

scholarly journals Globalization/Human Safety: A Biopolitical Approach

2021 ◽  
pp. 19-30
Author(s):  
Anastasia Kravets
Keyword(s):  
Social Justice ◽  
Civil Rights ◽  
Well Being ◽  
Global Dimension ◽  
Global Level ◽  
Political Consequences ◽  
Human Safety ◽  
Survival And Reproduction ◽  
The Individual ◽  
The Impact

Biopolitics focuses on the impact of globalization on the well-being of the individual and society as a whole. Accordingly, issues of human security and the threats posed by the process of globalization, as well as the transition from a disciplinary regime to a regime of governance at the global level, which, based on democratic values and liberal norms, are raised. That is why the problem of social justice and equality is solved. The issue of human safety within global governance should be emphasized. It is about a sense of security as a basic human need. Moreover, it is about the global security necessary for the survival and reproduction of humanity as a whole. As well as the study of potential socio-political consequences of the development of biotechnology and genetic engineering in the global dimension. This huge set of issues must be concretized, systematized, and logically structured through the analysis of the impact of globalization on the state of the individual, its relationship with the concept of bios; introduction at the international level of the doctrines of social justice, protection of human and civil rights at the global level; study of potential socio-political consequences of the development of biotechnology in the global dimension; introduction of new biopolitical models of power, governance and international relations; analysis of the theory of global evolution.

Frameworks of Critical Race Theory

2020 ◽  
Author(s):  
Lee E. Ross
Keyword(s):  
Native Americans ◽  
Critical Race Theory ◽  
Civil Rights ◽  
White Supremacy ◽  
Education History ◽  
Critical Race ◽  
Power Structures ◽  
Race Theory ◽  
Legal Studies ◽  
American Society

Critical race theory (CRT) concerns the study and transformation of relationships among race, (ethnicity), racism, and power. For many scholars, CRT is a theoretical and interpretative lens that analyzes the appearance of race and racism within institutions and across literature, film, art, and other forms of social media. Unlike traditional civil rights approaches that embraced incrementalism and systematic progress, CRT questioned the very foundations of the legal order. Since the 1980s, various disciplines have relied on this theory—most notably the fields of education, history, legal studies, feminist studies, political science, psychology, sociology, and criminal justice—to address the dynamics and challenges of racism in American society. While earlier narratives may have exclusively characterized the plight of African Americans against institutional power structures, later research has advocated the importance of understanding and highlighting the narratives of all people of color. Moreover, the theoretical lenses of CRT have broadened its spectrum to include frameworks that capture the struggles and experiences of Latinx, Asian, and Native Americans as well. Taken collectively, these can be regarded as critical race studies. Each framework relies heavily on certain principles of CRT, exposing the easily obscured and often racialized power structures of American society. Included among these principles (and related tenets) is white supremacy, white privilege, interest convergence, legal indeterminacy, intersectionality, and storytelling, among others. An examination of each framework reveals its remarkable potential to inform and facilitate an understanding of racialized practices within and across American power structures and institutions, including education, employment, the legal system, housing, and health care.

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