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|Posted By: Allen Lambert on October 21, 2008|
|While critical race theory may have something to contribute to understanding, etc., this essay is missing some important pieces. |
There is a confounding of state and society as well as of human rights and civil rights. Much more clarity is needed in those two sets of relationships.
Nor is there any discussion of the fundamental connection between property rights and liberty, etc.
To assert that "U.S. society" is based on property RATHER than human or civil rights is to miss the complexity of reality which includes both. For starters, most of the Amendments to the US Constitution.
How about discussion of the evolution of understanding and expansion of civil rights? Is a quote from 150 years ago evidence for the status of things today?
There is no research or literature cited in support of the three propositions. (Footnote 4 cites none.) And the later argument for the proposition about property and society is not adequately and fairly developed, nor critically analyzed, nor conceptually clarified (see above).
I did not see reference to Steve Shiffrin's extensive and scholarly treatment of critical race theory in Cornell Law Review of 1994.