Derrick Bell - Scholarship

Scholarship

Bell is arguably the most influential source of thought critical of traditional civil rights discourse. Bell’s critique represented a challenge to the dominant liberal and conservative position on civil rights, race and the law. He employed three major arguments in his analyses of racial patterns in American law: constitutional contradiction, the interest convergence principle, and the price of racial remedies. His book Race, Racism and American Law, now in its sixth edition, has been continually in print since 1973 and is considered a classic in the field.

Bell continued writing about critical race theory, developed in the 1970’s, after accepting a teaching position at Harvard University. He worked along side of lawyers, activists, and legal scholars across the country. Much of his legal scholarship was influenced by his experience both as a black man and as a civil rights attorney. Writing in a narrative style, Bell contributed to the intellectual discussions on race. According to Bell, his purpose in writing was to examine the racial issues within the context of their economic and social and political dimensions from a legal standpoint. Bell’s critical race theory was eventually branched into more theories describing the hardships of other races as well, such as AsianCrit (Asian), FemCrit (Women), LatCrit (Latino), TribalCrit (American Indian), and WhiteCrit (White). These theories weren’t developed in contention of another, they were developed to study each prudently, separately and analytically. These were developed based off the 6 propositions many race theorists can agree on. The propositions are as follows:

  • First, racism is ordinary, not aberrational
  • Second, white-over-color ascendancy serves important purposes, both psychic and material, for the dominant group.
  • Third, “social construction” thesis, holds that race and races are products of social thought and relations.
  • Fourth, how a dominant society racializes different minority groups at different times, in response to shifting needs such as labor market.
  • Fifth, intersectionality and antiessentialism is the idea that each race has its own origins and ever-evolving history.
  • Sixth, voice-of-color thesis holds that because of different histories and experiences to white counterpart’s matters that the whites are unlikely to know can be conveyed.

CRT has also led to the study of microagressions, Paradigmatic kinship, the historical origins and shifting paradigmatic vision of CRT, and how in depth legal studies show law serves the interests of the powerful groups in society. Microagressions are subtle insults (verbal, nonverbal, and/or visual) directed toward people of color, often automatically or unconsciously.


For instance, in The Constitutional Contradiction, Bell argued that the framers of the Constitution chose the rewards of property over justice. With regard to the interest convergence, he maintains that "whites will promote racial advances for blacks only when they also promote white self-interest." Finally, in The Price of Racial Remedies, Bell argues that whites will not support civil rights policies that may threaten white social status. Similar themes can be found in another well-known piece entitled, Who's Afraid of Critical Race Theory?

His 2002 book, Ethical Ambition, encourages a life of ethical behavior, including "a good job well done, giving credit to others, standing up for what you believe in, voluntarily returning lost valuables, choosing what feels right over what might feel good right now".

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