As critical race theory developed, such counter-critical tendencies became more pronounced. Instead of noting that institutions have advanced racist agendas under the cover of universalism, and attempting to correct this, some race theorists started to enter a Schmittian universe in which institutional neutrality is not just unrealised but
impossible, and the only task is to direct institutions towards your racial ends and against your enemies. And meanwhile, others strayed further into the reification of race.
[...]
The argument for whiteness-as-property is basically a series of analogies – property owners are entitled to the ‘use and enjoyment’ of their property, and white people have the ‘use and enjoyment’ of certain privileges conferred by their race; property is something to which the owner has exclusive right of use, and whiteness is formed ‘by the exclusion of others deemed to be not white’… Which is a bit like saying that a dog is really a type of metrical poetry, since they both have feet. (You could also quibble: if we’re going to be structuralists here, isn’t
every category based on a differential relation to all other categories?) Besides, for a radical theory this is grounded in a strangely liberal, Lockean, non-critical account of property. Here, property is simply a relation between a person and an object – one ‘has’ whiteness. Meanwhile, the leftist view, which approaches property as a relation
between people, is mostly ignored.
[...]
The real theoretical weakness of CRT is something far more damaging, and it’s arguably a legacy of its origin in critical legal studies. The mostly-white law school gang didn’t see the law as an
expression of unjust power, but as a site in its production; similarly, when the critical race theorists tried to understand why non-white people were less likely to be involved in CLS conferences, they weren’t particularly interested in explanations that ran along the lines of
well, black people are more likely to be impoverished, and impoverished people are less likely to become prominent legal theorists. That kind of analysis was dismissed as vulgar Marxism: instead, the obvious conclusion was that the CLS conference was itself engaged in the production of racism.
[...]
Critical race theory began by decrying the lack of a theory that responded to the direct needs of ordinary non-white people and offered a positively articulated programme for change. Its initial promise, per Richard Delgado (UCLA), was ‘deep discontent with liberalism, a system of civil rights litigation and activism, faith in the legal system, and hope for progress.’ On these criteria, the project has failed. It has jettisoned some of the better aspects of liberalism while retaining the worst. It began by defending the hard-won civil rights of ethnic minorities against a slightly sneering critique of rights-discourse, but soon switched to
trashing those same freedoms. Its leading theorists have ended up abandoning liberation and insisting that social change is impossible. The main remedies they propose are affirmative action – which, as both its defenders and its detractors would have to admit, ultimately does far more to affect the ethnic makeup of law schools than to radically restructure society at large – and hate-crime legislation, which penalises expressions of individual prejudice without really striking against systemic racism. While CRT tends to totemically
invoke the suffering of non-white people outside academia and the professions, in the end it has very little to offer them.
[...]
Critical race theory has turned into an umbrella term for every kind of new discursive orthodoxy around race: white privilege, white fragility, unconscious bias, intersectionality…[...] But I simply don’t accept that CRT is the source of
all our present neurosis around race, or that the weird gestural politics of the twenty-first century were dreamed up in their entirety by a bunch of lawyers.[...]
To adopt the vulgar Marxist position: these incidents are only an
expression of something far more fundamental within the structure of society. The problem is not bad ideas, but an unjust world. If you want to understand why people are upset, and why that upset expresses itself in unproductive ways, it’s useless to play around with intellectual genealogies; you have to go to the actual source, to the empirical study of the social. Obviously, conservatives don’t want to spend too much time thinking about actual social conditions; this is why the moral panic suits them fine. A panic means they’re under no obligation to engage with CRT
as a theory; what they’ve developed is just a fancier way of railing against wokeness. (For what it’s worth, I think
wokeness is actually a much better name for this thing: it makes clear that what we’re facing is not really a cohesive ideology, but a cluster of postures and affects.)
[...]
even great thinkers, even those who aim for liberation, can end up reproducing, in an inverted form, the worst and most repressive aspects of their age. Ultimately, I think critical race theory does the same thing; it is neither critical nor radical, but a capitulation to unfreedom.[...]