{"title":"Confronting the Truth: The Necessity of Love for Justice","authors":"Brandon Paradise","doi":"10.1017/jlr.2022.19","DOIUrl":null,"url":null,"abstract":"Abstract This essay examines the interplay between law, Christianity, and oppression in the thought of James Baldwin. This essay begins its inquiry from Baldwin’s own essay, Equal in Paris, and expands out to his broader writing. The essay makes four contributions. First, it shows that Equal in Paris presents a view of law and Christianity as simultaneously serving as instruments and sources of hypocrisy and injustice while representing critically important, if difficult to achieve, standards of justice and love. Second, the essay shows that for Baldwin avoidance and denial of collective moral failure underlies the hypocritical use of law and Christianity to perpetrate injustice rather than justice. Third, the essay reveals that Baldwin would see current legislative bans of critical race theory as a means of avoidance and denial of collective moral failure. Moreover, from a Baldwinian perspective, the maintenance of innocence through bans on critical race theory is a “crime” that typifies the problem at the root of racial oppression in America, which is the refusal to come to terms with the reality of white supremacy. Fourth, while agreeing with scholars who find significant overlap between Baldwin’s approach to law and critical race theory, the essay concludes that Baldwin’s work suggests that critical race theory’s neglect of love constitutes a critical shortcoming for critical race theory’s anti-subordinationist agenda.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"119 1","pages":"232 - 245"},"PeriodicalIF":0.6000,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Law and Religion","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/jlr.2022.19","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"RELIGION","Score":null,"Total":0}
引用次数: 1
Abstract
Abstract This essay examines the interplay between law, Christianity, and oppression in the thought of James Baldwin. This essay begins its inquiry from Baldwin’s own essay, Equal in Paris, and expands out to his broader writing. The essay makes four contributions. First, it shows that Equal in Paris presents a view of law and Christianity as simultaneously serving as instruments and sources of hypocrisy and injustice while representing critically important, if difficult to achieve, standards of justice and love. Second, the essay shows that for Baldwin avoidance and denial of collective moral failure underlies the hypocritical use of law and Christianity to perpetrate injustice rather than justice. Third, the essay reveals that Baldwin would see current legislative bans of critical race theory as a means of avoidance and denial of collective moral failure. Moreover, from a Baldwinian perspective, the maintenance of innocence through bans on critical race theory is a “crime” that typifies the problem at the root of racial oppression in America, which is the refusal to come to terms with the reality of white supremacy. Fourth, while agreeing with scholars who find significant overlap between Baldwin’s approach to law and critical race theory, the essay concludes that Baldwin’s work suggests that critical race theory’s neglect of love constitutes a critical shortcoming for critical race theory’s anti-subordinationist agenda.
摘要本文考察了詹姆斯·鲍德温思想中法律、基督教和压迫三者之间的相互作用。本文从鲍德温自己的文章《平等在巴黎》(Equal in Paris)开始探究,并扩展到他更广泛的写作领域。这篇文章有四个贡献。首先,它表明《巴黎的平等》呈现了一种观点,即法律和基督教同时作为虚伪和不公正的工具和来源,同时代表了至关重要的,即使难以实现的,正义和爱的标准。其次,本文表明鲍德温对集体道德失败的回避和否认是虚伪地利用法律和基督教来实施不公正而不是正义的基础。第三,文章揭示了鲍德温将当前立法禁止批判种族理论视为避免和否认集体道德失败的一种手段。此外,从鲍德温主义的角度来看,通过禁止批判种族理论来维护无辜是一种“犯罪”,它代表了美国种族压迫的根源问题,即拒绝接受白人至上的现实。第四,在同意一些学者发现鲍德温的法律研究方法与批判种族理论之间存在重大重叠的同时,本文得出结论,鲍德温的工作表明,批判种族理论对爱的忽视构成了批判种族理论反从属主义议程的一个关键缺陷。
期刊介绍:
The Journal of Law and Religion publishes cutting-edge research on religion, human rights, and religious freedom; religion-state relations; religious sources and dimensions of public, private, penal, and procedural law; religious legal systems and their place in secular law; theological jurisprudence; political theology; legal and religious ethics; and more. The Journal provides a distinguished forum for deep dialogue among Buddhist, Confucian, Christian, Hindu, Indigenous, Jewish, Muslim, and other faith traditions about fundamental questions of law, society, and politics.