处理种族和法律的“邪恶”问题:学生(和学者)的关键旅程

IF 0.7 Q3 EDUCATION & EDUCATIONAL RESEARCH
Marcelle J. Burns, Jennifer Nielsen
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引用次数: 2

摘要

2014年,我们联合举办了“种族与法律”专业选修课,作为法学学士暑期课程的强化课程。我们的教学设计受到土著哲学和知识的启发(Watson, 2014;摩根,2012;morton - robinson, 2007)和《批判种族与白度理论》(Delgado & Stefanic, 2012;戈德堡,2001;Moreton-Robinson, 2009)。我们的目的是促使学生批判性地思考种族对法律(以及法律对种族)的持续意义,种族体系如何构建社会关系,主流法律作为种族化的权力体系的运作能力,以及白人作为特权地位。我们还试图通过让学生参与反思性实践来增强他们的能力,通过这种实践,他们可以培养对种族重要性的自我意识,并对其在个人和职业生活中的影响做出反应。正如Lipsitz所说,由于白人至上主义和资产积累之间的密切关系,或者他所说的“白人工资”(Lipsitz, 2006),因此存在“对白人的占有性投资”。在我们的课堂讨论中,当我们把注意力转向特殊措施、平权行动和其他旨在平等机会和减轻由种族介导的物质不平等的机制时,这种“占有性投资”变得明显起来——种族主义是一个邪恶的问题。在本文中,我们分享了我们成功地运用理论作为实践来挑战法律课堂和法律课程中的种族主义邪恶问题的思考。此外,我们还反思了在这个复杂而动态的教学空间中团队教学的价值,以及对法律机构和法律学生参与种族和白人批判性学习的职业的重要性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Dealing with the ‘Wicked’ Problem of Race and the Law: A Critical Journey for Students (and Academics)
In 2014, we co-facilitated the specialist elective ‘Race and the Law’ as an LLB summer school intensive. Our pedagogical design was informed by Indigenous philosophy and knowledge (Watson, 2014; Morgan, 2012; Moreton-Robinson, 2007) and by Critical Race and Whiteness Theory (Delgado & Stefanic, 2012; Goldberg, 2001; Moreton-Robinson, 2009). Our aim was to prompt students to think critically about the ongoing significance of race to law (and law to race), how systems of race structure social relations, the capacity of mainstream law to operate as a racialised system of power, and whiteness as a position of privilege. We also sought to empower students by engaging them in a reflexive praxis through which they could develop self-awareness of the significance of race and respond to its influence in their personal and professional lives. As Liptsitz argues, there is a ‘possessive investment in whiteness’ because of the close relationship between white supremacy and the accumulation of assets, or what he calls the ‘wages of whiteness’ (Lipsitz, 2006). This ‘possessive investment’ became evident in our class discussion once we turned attention to an examination of special measures, affirmative action and other mechanisms that aim to equalise opportunities and alleviate the material inequities mediated by race – that is, the wicked problem, racism. In this paper, we share our reflections on our success in using theory as a practice to challenge the wicked problem of racism in the law classroom, and within the law curriculum. In addition, we reflect on the value of team teaching in this complex and dynamic teaching space and the significance to legal institutions and the profession of engaging law students in critical learning on race and whiteness.
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来源期刊
Legal Education Review
Legal Education Review EDUCATION & EDUCATIONAL RESEARCH-
自引率
66.70%
发文量
7
审稿时长
12 weeks
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