ABSTRACT

Most people in the USA first learned of critical race theory (CRT) when Lani Guinier, a University of Pennsylvania Law Professor, became a political casualty of the Clinton administration. Guinier made a similar argument in favor of African Americans in the USA. She saw this as a legal response to the ongoing lack of representation. Critical race theory is, thus, both an outgrowth of and a separate entity from an earlier legal movement called critical legal studies. Critical legal studies is a leftist legal movement that challenged the traditional legal scholarship that focused on doctrinal and policy analysis in favor of a form of law that spoke to the specificity of individuals and groups in social and cultural contexts. The “voice” component of CRT provides a way to communicate the experience and realities of the oppressed, a first step in understanding the complexities of racism and beginning a process of judicial redress.