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Critical Race Theory
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The significance of Critical Race Theory is its increasing application to scholarship in education in the 1990s. Tate employed Crenshaw’s expansive and restrictive view in evaluating certain educational policies. They concluded that the restrictive interpretation of anti discrimination laws inhibited African American students.
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Critical Race Theory (CRT) emphasizes the socially constructed nature of race, considers judicial conclusions to be the result of the workings of power, and opposes the continuation of all forms of subordination. This line of inquiry is the branch of critical legal studies concerned with issues of racism and racial subordination and discrimination. The notions of the social construction of race and discrimination are present in the writings of such established critical race theorists as Derrick Bell, Mari Matsuda, Richard Delgado, Kimberlé Williams Crenshaw, Gloria Ladson-Billings, Neil Gotanda, and William Tate; newly emerging CRT scholars Adrienne Dixson, Celia Rousseau, and Thandeka Chapman; and some pioneers in sociology, including W.E.B. DuBois and Max Weber.
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In the final two chapters, Aylward proposes a novel approach, grounded in Critical Race Theory, for representing black clients, and addresses ethical problems that may arise in the course of such representation. Lawyers for black clients should engage in consciousness raising, Aylward writes, so as to increase their own awareness of the historical role of race in Canadian society. Whites are urged to adopt a black perspective. Lawyers should then apply that knowledge to particular cases, honing their ability to “spot the racial issue” in situations where others might miss it. Then, lawyers should confront the racist practice or rule (for example, Canada’s practice of relegating many forms of discrimination to a nonjudicial human-rights complaint system), asking whether and how the rule or practice subordinates people of color. Finally, advocates should engage in reconstruction: imagining alternatives; assessing harms, risks, or benefits; then working to institute, fairer, juster social arrangements.
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In this study, Critical Race Theory (CRT) was used as a lens of analysis to examine cultural competency in healthcare. Fourteen articles were found related to race/ethnicity and equity, revealing four themes: cultural differences, access to healthcare, healthcare disparities and healthcare education. It is evident that disparities do exist within healthcare and vary among cultures. The healthcare industry must continue to address issues of race, ethnicity and equity through cultural competency. Although there is no simple solution to achieve cultural competency, it can be fostered within healthcare practitioners and education to change the way different cultures are viewed. Healthcare institutions and healthcare professionals must bridge the gaps that still exist between individuals to provide fair, equal and impartial care.
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Critical Race Theory is the school of thought that holds that race lies at the very nexus of American life. It is an academic discipline that challenges its readers, whether proponents or dissenters, to consider the relationship that exists between race, the justice system, and society.
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The critical treatment of the concept of race and especially the impact of racism in the modern world has pre-dated the Critical Legal Studies approach well more than a century. Its history is isomorphic with the development of Africana thought, which began in the eighteenth century with, ironically, critical efforts to render slavery illegal. Although the African dimension of Africana thought preceded the eighteenth century, the diasporic reality created by conquest, colonization, and slavery created the conditions for the discourse on black humanity that has been a main feature of thought among the African diaspora. That discourse can be traced back to the writings of Wilhelm Amo and Quobno Cugoano where,especially in Cugoano’s work, a philosophical anthropology of freedom is advanced, and stands as the groundwork for nearly all subsequent critical discussions of race and racial oppression.1
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Critical Race Theory