CRITICAL RACE THEORY:
PAST, PRESENT, AND
FUTURE
Richard Delgado and Jean Stefancic
Early Origins
As a scholarly movement, Critical Race Theory (CRT) began in
the early 1970s with the early writing of Derrick Bell, an AfricanAmerican civil rights lawyer and the first black to teach at
Harvard Law School. Writing about interest convergence as a
means of understanding Western racial historyl and the conflict of
interest in civil rights litigation (the lawyer or litigation fund
wants a breakthrough; the client or her group, better schools),2
Bell was one of a small but growing group of scholars and minority activists who realized that the gains of the heady civil rights era
had stalled and, indeed, were being rolled back. Traditional methods such as litigation, exhortation, and marching were yielding
fewer and fewer gains. New approaches were necessary to cope
with the less sympathetic public and the more nuanced forms of
racism that were developing. As Alan Freeman, a white scholar at
SUNY-Buffalo, once put it, if one is up a tree and an immense
flood is coming, sometimes one has to climb down before seeking
shelter in a taller, safer one.
Other early writers included Delgado (co-author of this chapter), who showed that eminent white male scholars, although writing helpful, sympathetic articles about civil rights, rarely cited the
work of scholars of colour.3 A few years earlier, the same author
wrote Words that Wound: A Tort Action for Racial Insult,
Invective, and Name-Calling in the Harvard Civil Rights-Civil
1 Derrick Bell, 'Brown v. Board of Education and the Interest Convergence
Dilemma' (1980) 93 Harv. L Rev. 518.
2 Derrick Bell, 'Serving Two Masters: Integration Ideals and Client Interests
in School Desegregation Litigation' (1976) 85 Yale LJ 470.
3 Richard Delgado, 'The Imperial Scholar: Reflections on a Review of Civil
Rights Literature' (1984) 132 U Pa. L Rev. 561.
468
Richard Delgado and Jean Stefancic
Liberties Law Review,4 thus launching a new area of scholarship-hate speech. Writing in the same vein, Mari Matsuda
produced an impressive article in the Michigan Law Review
symposium 011 legal storytelling, 5 another early CRT theme.
Entitled Public Response to Racist Speech: Listening to the
Victim's Story, Matsuda's article called for criminalization of
racist hate speech and argued that official prosecution of this new
crime would not contravene the US Constitution's free speech
clause.
About the same time, Matsuda published another equally influential article. Writing in a Harvard Civil Rights-Civil Liberties
Law Review symposium entitled Minority Critiques of Critical
Legal Studies, she criticized elitist tendencies in critical legal studies (cls) and argued for a new jurisprudence along Rawlsian lines
that would 'look to the bottom' in determining which legal rules
and measures were fair. 6 Matsuda built on earlier work by
Kimberle Crenshaw, an African-American woman now teaching
at Columbia, who, like Matsuda, criticized liberal-and even radical cls-jurisprudence in the area of race, pointing out that it had
both a transformative and a regressive aspect at the same time?
By the late 19805, a number of Critical scholars-Bell,
Delgado, Matsuda, Crenshaw-had emerged and were developing
a variety of early Critical themes-interest convergence, a focus on
speech, and the social construction of racial reality, the critique of
rights and liberalism. What was needed was a name and an organizational structure. These were soon to come.
Organizational History
A number of events could be deemed the starting point of CRT as
a movement. Although the first annual conference, convened in
Madison, Wisconsin, at a convent in the summer of 1989, gave it
an official name, CRT in an organizational sense existed well
before that.
4
(1982)] 7 Harv. CR-CLL Rev. 133.
5 Symposium, Legal Storytelling (1989) 87
Mich. L Rev. 2073.
Mari Matsuda, 'Looking to the Bottom: Critical Legal Studies and
Reparations' (1987) 22 Harv. CR-CL L Rev. 323.
7 Kimberle Crenshaw, 'Race, Reform, and Retrenchment: Transformation
and Legitimization in Antidiscrimination Law' (1988) 101 Harv. 1. Rev. 1331.
6
CRT: Past, Present, and Future
469
In 1982-3, students at Harvard Law School protested that
school's invitation to Jack Greenberg and Julius Chambers, distinguished civil rights practitioners, the first white, the second black,
to co-teach a course entitled 'Race, Racism, and American Law',
until then taught by Derrick Bell, who left Harvard to become
dean at the University of Oregon School of Law in Eugene,
Oregon. Disappointed that the course was to be taught by a white
teacher-even one with such a distinguished record as that of Jack
Greenberg, long-time litigator with the NAACP defence fund and
chief architect of Brown v. Board of Education-students of
colour boycotted the class, which turned out to have an all-white
enrolment. The law students of colour then initiated their own
informal course, which met at the law school outside normal
hours and featured a series of guest lecturers who flew in from
across the country to deliver papers. Delgado delivered an early
version of The Imperial Scholar: Reflections on a Review of Civil
Rights Literature, which was later published in the Pennsylvania
Law Review;8 Matusda gave her Looking to the Bottom 9 draft;
others delivered works in progress.
A few years later, at the 1986 Conference on Critical Legal
Studies annual meeting in Los Angeles, California, organizers
chose race and racism as its central theme. Invited speakers
included Mari Matsuda, Patricia Williams, Rodolfo Acuna,
Harlon Dalton, Jose Bracamonte, and other figures who would
later go on to play central roles in CRT, all speaking on the
critique of liberalism and critical legal studies. A number of the
plenary addresses appeared in the Harvard Civil Rights-Civil
Liberties Law Review special issue mentioned earlier, entitled
Minority Critiques of Critical Legal Studies. 1o
A year after that special issue, in the autumn of 1988, Michigan
Law Review, responding to a request letter from Patricia Williams
and Richard Delgado, hosted an on-site symposium on legal storytelling. 11 The papers, which were published in a special issue of
that review, included pieces by Delgado, Williams, Bell, Matsuda,
Milner Ball, Steve Winter, and others, all on the role of stories and
narrative analysis in law and legal discourse. The symposium
featured Delgado's defence of legal storytelling, Storytelling for
8
10
N. 3 above.
(1987) 22 Harv. CR-CL LRev. 297.
9
11
N. 6 above.
N. 5 above.
470
Richard Delgado and Jean Stefancic
Oppositionists and Others: A Plea for Narrative,12 and The
Obliging Shell,13 by Patricia Williams, which later became part of
her book, The Alchemy of Race and Rights: Diary of a Law
Professor. 14
Each of these events contributed to the beginning of the CRT
movement. After the first 1989 Madison conference, CRT
coalesced into a loosely-defined organization with annual workshops, occasional public conferences, and a certain degree of
thematic agreement on what is important in racial politics and
analysis. Hundreds of American legal academics and social scientists consider themselves Critical Race Theorists. Many teach
courses on race and civil rights from a critical point of view. Two
readers are in print, one edited by Richard Delgado,15 the other by
Kimberle Crenshaw, Neil Gotanda, Gary Peller, and Kendall
Thomas. 16 Four crits have a contract from the West Publishing
Company to produce a casebook entitled Race and Races: Racism
in American Law and History, scheduled to appear in 1999.
The movement is spreading to other common law countries and
the Continent. Delgado and Stefancic delivered the Sir George
Turner Lectures at the University of Melbourne law school in
1995, and taught a course in CRT at the University of Toronto
one year later. Patricia Williams recently delivered the Reith
lectures in England, broadcast by the BBe. Scholars in mainland
China specialize in the work of Critical Race Theorists, and a
number of continental scholars, especially in Germany, Great
Britain, and the Netherlands, are conversant with it.
Critical Race Theory: Signature Themes
What do race-crits believe? As one might gather from the above
brief account, the movement is characterized by scepticism-most
CRT practitioners believe racism is permanent and will never
end-and an economic-determinist view of history, according to
(1989) 87 Mich. L Rev. 2411.
'The Obliging Shell: An Informal Essay on Formal Equal Opportunity'
(1989) 87 Mich. L Rev. 2128.
14 (Cambridge, Mass., 1991).
15 Critical Race Theory: The Cutting Edge (Philadelphia, Penn., 1995).
16 Critical Race Theory: The Key Writings That Formed the Movement (New
York,1995).
12
13
CRT: Past, Present, and Future
471
which the shifting fortunes of blacks over time are explained, not
so much by idealism or inspired advocacy as by the interest of elite
groups. Derrick Bell is an prime exponent of both views. In a
series of articles and books he has expounded the notion of Racial
Realism, the idea that racial prejudice is so deeply engrained in
society's structures that African Americans must resign themselves
to its forever being a feature of the nationallandscape.1 7 Periods
of progress will be followed by regression; it is pointless and selfdefeating for blacks to hope for more.
Interest convergence, attributed to Bell and foreshadowed by
Charles Beard,18 is the view that civil rights gains respond, not so
much to black needs as white self-interest. In an article entitled
'Brown v. Board of Education and the Interest Convergence
Dilemma',19 Bell invited his readers to consider why that landmark decision came when it did. Prior to Brown, the NAACP
Legal Defense Fund had been litigating a host of school desegregation cases in the South, usually losing or winning only narrow
victories. In 1954, however, the Warren Court, reversing the nineteenth-century doctrine of 'separate but equal' laid down in Plessy
v. Ferguson,2o handed down a ringing decision that official segregation of schoolchildren violated the Equal Protection Clause of
the United States Constitution and damaged the psyches and
minds of black schoolchildren 'in a way unlikely to be undone'.21
Why such a broad, emphatic decision, and why just then?
According to Bell, the answer lies not so much in evolving moral
standards as in the self-interest of white elite groups. When Brown
was decided, America recently had concluded its role in a lengthy
war (World War II) and a second, briefer one in Korea. Tens of
thousands of black servicemen and women were returning to civilian life after fighting against the forces of fascism. Having experienced a relatively racism-free environment for the first time in
their lives, many were not prepared to return to the old regime of
shining shoes and other menial work. For the first time, the
prospect of real racial unrest loomed unless blacks could be
assured that the US had their interests at heart.
17
18
York,
19
21
Derrick Bell, 'Racial Realism' (1992) 24 Conn. L Rev. 363.
Economic Interpretation of the Constitution of the United States (New
1913).
N. 1 above.
Brown v. Board of Education, 347 US 483 (1954).
20
163 US 537 (1896).
472
Richard Delgado and Jean Stefancic
At the same time, the country was in the early stages of a cold
war against the forces of 'godless, atheistic Communism', competing for the loyalties of the uncommitted Third Wodd, much of
which was brown, black, or Asian. It would hardly do for the
world press to feature photographs of Southern sheriffs beating
peaceful black protesters, or stories of lynchings like the case of
Emmett Till. Bell hypothesized that Brown v. Board of Education
came when it did in order to improve America's self-image and to
persuade its allies that it was making racial progress. Although
greeted with cries of indignation when it first appeared, Bell's startling interpretation was confirmed almost ten years later when
Mary Dudziak, writing in the Stanford Law Review, reported the
results of her investigation in the files of the US Department of
State, including the discovery of a series of memoranda to the
Department of Justice, urging that arm of government to assist the
black cause. 22 The great breakthrough, then, appears to be just
what Bell predicted, a case of interest convergence, one of those
rare times when the fortunes of blacks and of whites were aligned.
Bell's casebook, Race, Racism, and American Law23 and subsequent writings trace the rise and fall of blacks' racial fortunes
through 200 years of US history, showing how in each case they
respond to the interest of elite whites.
The Middle Years
Bell, Matsuda, Crenshaw, Williams, and Delgado were soon
followed by a generation of younger scholars, and CRT writing
proliferated during the first half of the decade of the 1990s. An
annotated bibliography,24 an essay in Sage Race Relations
Abstracts (the latter edited and circulated in England),25 and the
two readers mentioned above set out some of that writing, which
includes a number of themes now considered characteristic of the
new movement: revisionist history, which examines Western
22 Mary Dudziak, 'Desegregation as a Cold War Imperative' (1988) 41 Stan. L
Rev. 61.
23 (3rd edn., Boston, Mass., 1992).
24 Richard Delgado and Jean Stefancic, 'Critical Race Theory: An Annotated
Bibliography' (1993) 79 Va. L Rev. 461.
25 Richard Delgado, 'Bibliographic Essay: Critical Race Theory', Sage Race
Rei. Abs., May 1994, at 3.
CRT: Past, Present, and Future
473
history from the perspective of people of colour; critical social
science, which examines the underpinnings of race and racism and
their relation to law and adjudication; critical law school pedagogy, which asks how contemporary teaching materials and
instructional practices obscure or promote racial inequality; and
anti-essentialism, which considers the role of small groups (such as
black women) within larger ones working for social change (such
as the larger feminist movement). Other younger scholars pondered
the relationship among race, class, sex, and sexual orientation, to
see what these forms of oppression have in common.
In general, this period, which runs into the present, differs from
the earlier period, which revolved around power and the role of
elites in controlling blacks' fortunes, in its focus on language and
legal categories. Three manifestations of this newer approach
warrant special attention.
INTERSECTIONALITY AND ANTIESSENTIALISM
Scholarship in these areas, which are linked, focuses on the role of
categories in allocating power and authority. To see this linkage,
imagine that you are a black woman. One day at work, you learn
that your new supervisor does not like you or people like you. He
does not dislike black men, in fact, gets along with them just fine,
regarding them perhaps as musically talented and likely to know a
lot about sports. By the same token, your employer has no particular animus against women generally, in fact likes having white
women in the workplace, regarding them as ornamental and good,
neat workers. He dislikes black women intensely, however, and so
makes your life miserable, denying you promotions and raises and
assigning you to onerous jobs.
So, you resolve to sue. But under what legal theory or
doctrine?26 Suppose you sue for racial discrimination. You could
easily lose, since your superior can easily show that he has no
grudge against blacks as blacks. In fact, he is friendly with black
males and treats them well. If you were to sue for sex discrimination, your suit might well founder for much the same reason: your
boss can testify, honestly, that he does not discriminate against all
26 See Paulette Caldwell, 'A Hair Piece: Perspectives on the Intersection of
Race and Gender', [1991] Duke LJ 365.
474
Richard Delgado and Jean Stefancic
women, in particular not against ones who are white. Antidiscrimination law, it turns out, redresses two types of discrimination, yet neither kind may work for you, an 'intersectional' person
who is both black and female.
A similar predicament afflicts you if you abandon law and litigation for the arena of ordinary politicsP Suppose you join the feminist movement. You will find it dominated by white women and
interested in a slate of issues that respond to their needs and situations (e.g., reproductive rights and anti-rape legislation) rather than
ones dear to yours (e.g., child care and Head Start preschool
programmes). If you insist that the agenda reflect your concerns,
you may be told that you are being divisive and to wait your turn.
Suppose, then, that you decide to make common cause with black
men, joining the black civil rights movement. There, you may find
that the agenda, once again, reflects the priorities of others (namely,
black men)-resistance to police brutality is high on the list, domestic violence (an issue close to your heart) low. Each movement is
dominated by individuals-white women or black men, respectively-who are either more numerous or more empowered than
you. If you raise your own issues (such as what happened to you at
work), you may be told to keep quiet. The 'essential' woman, then,
turns out to be white; the black, male. Whether you resort to law or
to ordinary group politics, you learn that those avenues are only
interested in issues and harms that affect blacks as blacks, and
women as women. Yet, you are neither, because both.
This simple example illustrates two themes, intersectionality
and anti-essentialism, that are central to much recent CRT writing. This body of work concerns itself with how the very language
that law uses privileges some while relegating others to the
margin. Crits have been deploying intersectional and anti-essentialist analysis to examine how race, class, and other categories
interact, as well as to learn more about the role of double or
multiple consciousness,28 which may be an aspect of living at the
place where two or more identities overlap.
27 See Kimberle Crenshaw, 'Demarginalizing the Intersection of Race and Sex:
A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory, and
Antiracist Politics', [1989] U Chi. Legal F 139; Angela Harris, 'Race and
Essentialism in Feminist Legal Theory' (1990) 42 Stan. L Rev. 581.
28 Mari Matsuda, 'When the First Quail Calls: Multiple Consciousness as
Jurisprudential Method' (1989) 11 Women's Rts. L Rep. 7.
CRT: Past, Present, and Future
475
LEGAL STORYTELLING AND NARRATIVE ANALYSIS
Critical race theorists, notably Derrick Bell, Patricia Williams, and
Richard Delgado, pioneered legal storytelling, both as a means to
tell one's own story-for example, of discrimination at the hands
of a New York boutique29-but also to question, mock, and
displace comforting majoritarian tales and myths, such as that
black fortunes are improving, white racism is aberrant (rather
than ordinary and usual-the normal state of affairs), or that
discrimination does not count unless proved to be intentional.
Books like Bell's Faces at the Bottom of the We1l3o and And We
Are Not Saved,31 Williams' Alchemy of Race and Rights,32 and
Delgado's The Rodrigo Chronicles 33 contain both kinds of
account. Williams' Benetton story would constitute a classic
example of the first kind (the story). Aimed at acquainting the
reader with how it feels to be the victim of discrimination, its
point is to kindle conscience and awaken sympathy. The second
kind (the counterstory) is illustrated by Derrick Bell's famous
Chronicle of the Space Traders,34 which casts doubt on the
Panglossian view most whites share that we have made much
racial progress. Delgado's alter ego, Rodrigo, puts forward a
counterstory of his own when he offers a series of thought experiments to show that the free market of economic exchanges is
unlikely to drive out racism, as many law-and-economists hold. 35
LEGAL CONSTRUCTION OF RACE
• In Australia, a commissioner decides that aboriginal women
have no tradition of conducting secret meetings discussing
29 Patricia Williams, 'Spirit-Murdering the Messenger: The Discourse of
Fingerpointing as the Law's Response to Racism' (1987) 42 U Miami L Rev. 127
(describing how she, an African-American woman shopping for a Christmas
present for her mother, was refused entry by a New York boutique).
30 Derrick Bell, Faces at the Bottom of the Well: The Persistence of Racism
(New York, 1992).
31 And We Are Not Saved: The Elusive Quest for Racial Justice (New York,
1987).
32 N. 14 above.
33 Richard Delgado, The Rodrigo Chronicles: Conversations about America
and Race (New York, 1995).
34 Derrick Bell, 'After We're Gone: Prudent Speculations on America in a PostRacial Epoch' (1990) 34 St. Louis ULJ 393.
35 N. 33 above, 19-34.
476
Richard Delgado and Jean Stefancic
'women's business' at certain sacred sites, and so permits a
highway bridge to be constructed there.
• In the United States, the Census Department first says it
plans to allow multiracial people to designate themselves that
way on census forms, then changes its mind and permits
them instead to check several categories. The previous
approach allowed just one.
• Until 1967 (nearly fifteen years after Brown v. Board of
Education), nearly half of all states forbade intermarriage
between members of certain minority groups and whitesbut not among each other. Some justified these laws on the
basis of legislative findings that the offspring of such unions
were apt to be 'sick, weakly, and degenerate'. Members of
these outgroups could intermarry, however, either within or
among their groups-their offspring apparently had nothing
to worry about.
• Suppose a member of one outgroup or colour-say, a
Chicano-discriminates against another, say, a black? What
standard of review should apply? Should anti-discrimination
law coined with white-on-black oppression in mind also
cover the case of a minority discriminating against another
minority?
All these issues fall within the emerging topic of the legal construction of race.
Hardly anyone today holds that race and races are real, objective, fixed, and immutable, much less that they demarcate genetic
categories. Instead, the prevailing view holds that groups of people
are physically different-no one at all in Derrick Bell's immediate
family looks like Robert Redford, for example, and the converse is
probably true, as well-but the differences between groups are
swamped by their similarities and by the range of differences existing within groups themselves. Races exist, then, because we pick
out certain features, such as skin colour, decide to notice them and
not others, and ascribe importance to them, usually in a negative
way, notwithstanding that the construction of different groups
occurs in different ways, and one group can be constructed more
or less negatively or positively at different times. When Jews and
Irish first came to the United States they were regarded as nonwhite, like blacks, then considered to be white as they
CRT: Past, Present, and Future
477
progressed. 36 In the 1960s, the image of blacks was that of noble
warrior, like Martin Luther King or Malcolm X. Today it has
been replaced by the stereotypes of criminals or welfare cheats.
During slavery white society circulated images of their slaves as
happy with their lot; shortly after Emancipation those images
changed to that of the out-of-control would-be rapist who lusts
after white women and white prerogatives. What one might call
the functional view of racial imagery holds that dominant society
assigns traits to outgroups according to its needs-now happy-golucky, lazy, rhythmical; now romantic; now sinister; and so onwith the outgroup putting forward its own positive images of itself
in a constant negotiation in which one side holds most of the
cards. 37
The tools of racial construction are verbal-images, signs,
stories, jokes, logos, scripts of various types. One type of authoritative voice that participates in race-making is law. Law may not
be the most powerful of the many voices that contribute to the
cultural content of races-newspapers, TV, and school textbooks
are probably more potent-but it is an empowered voice. Notice
that law does not merely regulate advantage and disadvantage
among pre-existing groups; it participates in the very construction
of those groups-the systems of categories-themselves.
Take Chicanos, or Mexican Americans, for example. In a
host of cases, courts deploy a confusing patchwork of armchair
anthropology and everyday understandings to decide where to
place Mexicans in the general scheme of things. In one fairly
recent case, an Indiana appellate court had to figure out
whether Mexican Americans were white. 38 It noted that according to the Encyclopcedia Britannica, approximately one-fifth of
the inhabitants of Mexico are whites, approximately two-fifths
Indians, and the balance made up of mixed bloods, blacks, and
Chinese. Given this, the court held that Mexicans for most
36 See Kathleen Neal Cleaver, 'The Antidemocratic Power of Whiteness', in R.
Delgado and J. Stefancic (eds.), Critical White Studies: Looking Behind the Mirror
160-1 (Philadelphia, Penn., 1997).
37 Richard Delgado and Jean Stefancic, 'Images of the Outsider in American
Law and Culture: Can Free Expression Remedy Systemic Social Ills?' (1992) 77
Cornell L Rev. 1258.
38 See George Martinez, 'Mexican-Americans and Whiteness', in Mirror, 36, at
210.
478
Richard Delgado and Jean Stefancic
purposes were non-white. A little earlier, Texas courts had to
figure out whether Mexicans were white for purposes of immigration. Federal naturalization law during that period required
that an alien be white in order to naturalize and become a US
citizen. Courts followed a line of cases going back to In re
Rodriguez39 in which a federal district court in Texas held that
anthropologically Mexicans were a non-white race, but that
US-Mexico treaties superseded and trumped anthropology.
These treaties, which the United States had entered into with
Mexico, provided that Mexicans could become United States
citizens, even though non-white under the federal statute.
Grudgingly, Texas courts allowed Mexicans not born in the US
to naturalize. The son of a white Canadian father and an Indian
mother was not so lucky. Nor that of a German father and a
Japanese mother. No treaty trumped their non-whiteness, so
they had to stay home.
In other cases, Mexican-Americans were held to be white. For
example, in Hernandez v. State,40 a jury participation case, a
Chicano convicted of murder sought to reverse his conviction on
the ground that Mexican Americans like him had been excluded
from the jury. The court declined to recognize that Mexican
Americans are a non-white group. And, since Hernandez's petit
and grand jury had contained ample numbers of whites, he had
not been denied a fair trial by his peers. This and other cases have
prompted law professor George Martinez to observe that courts
considered Mexicans white when this hurt them, and deemed
them non-white when this imposed a legal liability, such as inability to naturalize. 41
Courts demonstrate the same sort of confusion over whether
Mexican Americans even exist. In Lopez Tijerina v. Henry,42 a
federal court was faced with deciding whether a group of
Mexicans living in New Mexico could sue as a class to secure
educational opportunity in the public schools. Class actions
permit a group of people to sue collectively if their grievances are
sufficiently related and they form a sufficiently cohesive group to
81 F 337 (W. D. Tex. 1897) (and see n. 38, at 210).
251 SW 2d 531 (Tex. 1952). And see n. 38, at 210-1I.
Ibid.21I.
42 Tijerina v. Henry, 48 FRD 274 (DNM 1969), appeal dismissed, 398 US 922
(1970).
39
40
41
CRT: Past, Present, and Future
479
warrant simultaneous treatment of their claim. Class suits are
economical ways to litigate grievances affecting large numbers of
people; for example, consumers injured by an unsafe product or
minorities subjected to discrimination by a large corporation. The
class action vehicle offers advantages of economy, res judicata
effect-binding all at one time-and political and psychological
impact. It also facilitates the development of class consciousness,
as the group becomes aware of itself as a group. In the Tijerina
case and many like it, a class suit brought by Latinos foundered
on the shoals of the legal requirement that the class be ascertainable. The court rejected the plaintiff's first criterion, Spanish
surname, since an unknown number of persons have lost or
gained a Spanish surname through intermarriage. The court also
rejected Mexican, Indian, and Spanish ancestry on the ground that
'pure' representatives of such mixtures are difficult to find as a
result of intermarriage. It similarly rejected speaking Spanish as
the primary or maternal language, since in many cases residents of
the Southwest are bilingual and it is impossible to tell which
language is primary. Because none of the plaintiff's criteria delineated the Chicano class with sufficient precision, the court refused
to proceed with the action as a class suit.
Chicanos are just one group whose identity troubles the legal
system. In the Mashpee Indian case,43 a US court entertained a
suit brought by the tribe to enforce certain treaty rights under an
agreement it had entered into with the government. Instead, the
court held that the Mashpee Indians did not exist. Under standards that the court promulgated, the group was no longer cohesive enough to sue in its own right. Through intermarriage and
living off the reservation, they were no longer Indian enough.
Their treaty rights might well have been violated, but the only
entity that could enforce them no longer existed.
Finally, consider the way law participates in creating the white
race. In recent years, scholars have been turning the tables and
putting whiteness under the lens, examining such issues as white
privilege, ethnic histories, and white supremacist movements. 44 In
addition, scholars such as Ian Haney Lopez have been looking at a
43 Gerald Torres and Kathryn Milun, 'Translating Yonnondio by Precedent
and Evidence: The Mashpee Indian Case' [1990] Duke LJ 625.
44 See Mirror, n. 36 above.
480
Richard Delgado and Jean Stefancic
series of cases-the racial prerequisite decisions-in which courts
decided who was white. 45 In 1790 Congress passed a statute that
restricted naturalization (becoming a US citizen) to 'free white
persons'. Although the statute changed in other respects, the
whiteness prerequisite for citizenship endured for over 150 years,
until 1952. During this period, millions sought US citizenship and
gained it, but even more were denied. Some of the denials were
litigated, with a few cases reaching the US Supreme Court. The
fifty-two reported decisions go far to dispel any notion one might
have that courts are wise, racially sophisticated, or even consistent. Consider a few of these:
Chinese are not white. Reason-scientific and common knowledge. Persons half white and half Native American are not white.
Why? Because of legal precedent. Hawaiians are not white,
because science regards them that way. Burmese are not white for
both reasons, common knowledge and precedent. Japanese are not
white-legal precedent and congressional intent. Mexicans are
white (legal precedent and hazy treaty considerations), as are
Syrians in three cases, but for different reasons (Case A: because
of common knowledge; Case B: science; Case C: precedent).
Armenians are white for all three reasons; Asian Indians, on a
case-by-case basis, requiring an examination of skin tone each
time. Syrians are not white in a fourth case, notwithstanding the
earlier three. Filipinos are not white, with no reason given-one
just knows it; nor was a person three-quarters Filipino and onequarter white. Punjabis, whether Hindu or Arabian, are not white,
because of common knowledge. Arabians, however, are white,
perhaps because they can afford it.46
The Late 1990s: Three Very Recent Trends in Critical Race
Theory Scholarship
The last two or three years of CRT theory have been marked both
by restless expansion and a degree of internal fragmentation. One
example of the movement's expansion to new terrain is the development, just mentioned above, of critical white studies.
45 Ian Haney Lopez, White By Law: The Legal Construction of Race (New
York,1996).
46 Ibid.
CRT: Past, Present, and Future
481
WHITENESS STUDIES
As mentioned earlier, groups of people do, indeed, look somewhat
different from each other. But geneticists tell us that blacks and
whites have more genes in common than the ones that distinguish
them and that the difference between the average white and the
average black in genetic makeup and physical appearance is less
than the variability within each of those groups.
Many Americans would not believe that assertion. Why not?
Because, according to the social constructionist theory of race, our
culture and history are written and designed to assign various
groups different places on the ladder of race and racial categories,
with whites holding fast to the upper rung. White folks have a
race too-although they are not accustomed to thinking of themselves in that way. Colleges are beginning to offer courses in critical white studies examining the history of whites in America, as
well as white privilege and white power. Consider how:
• David Roediger, a labour historian, and Joe Feagin, a sociologist, have both written about early twentieth-century
Anglo-Saxon nativism against whites from southern and
eastern Europe, deeming some of those groups such as the
Italians, the Slavs, and the Greeks, non-white. 47
• Noel Ignatiev addresses How the Irish Became White;48
Karen Sacks investigates How Did Jews Become White
Folks?49
• Peggy McIntosh describes white privilege, the invisible
bundle of expectations and courtesies that go along with
membership in the dominant group. 50
• Stanford historian George Fredrickson has written about
white supremacy, comparing the histories of the United
States and South Africa. 51
47 See David Roediger, 'The First Word in Whiteness: Early Twentieth-Century
European Experiences', in Mirror, 36, at 354; and Joe R. Feagin, 'Old Poison in
New Bottles: The Deep Roots of Modern Nativism', in Mirror, 36, at 348.
48 (New York, 1995).
49 Excerpted in Mirror, 36, at 395.
50 Peggy McIntosh, 'White Privilege and Male Privilege: A Personal Account of
Coming to See Correspondences through Work in Women's Studies', reprinted in
ibid. at 291.
51 George Frederickson, 'White Images of Black Slaves (Is What We See in Others
Sometimes a Reflection of What We Find in Ourselves?)', in Mirror, 36, at 38.
482
Richard Delgado and Jean Stefancic
.. Raphael Ezekiel reports his experiences with white power
and white supremacist groups. 52
.. Ian Haney Lopez, a Latino law professor at Berkeley and
author of White by Law, shows how American society and
courts constructed the category of whiteness in naturalization decisions brought by Japanese, Arabs, Indians, and
other near-white groups.53
Delgado, in one of the first articles on legal storytelling, writes
that 'many, but by no means all, who have been telling legal stories
are members of what could be loosely described as outgroups,
groups whose marginality defines the boundaries of the mainstream, whose voice and perspective-whose consciousness-has
been suppressed, devalued, and abnormalized'.54 He goes on to
observe 'the dominant group creates its own stories, as well. The
stories or narratives told by the ingroup remind it of its identity in
relation to outgroups, and provide it with a form of shared reality
in which its own superior position is seen as natural.,55
'The stories of outgroups', he writes, 'aim to subvert that
ingroup reality ... For many minority persons, the principal
instrument of their subordination is ... the prevailing mindset by
means of which members of the dominant group justify the world
as it is, that is, with whites on top and browns and blacks at the
bottom.'56
Fifty years before the advent of legal storytelling, German literary critic Walter Benjamin wrote an essay called The Storyteller. 57
In a time when fascism was overtaking Europe, Benjamin focused
on the way capitalism creates barriers to the free exchange of
experience or ideas. He believed that capitalism, as it was then
practised, created what he called 'the myth of freedom'. By this he
meant that although we believe we freely express ourselves, we do
not realize the extent to which our choice of words, expressions,
and gestures is manipulated by corporate and political forces.
52 Raphael Ezekiel, 'Talking About Race with America's Klansmen', in Mirror,
36, at 586.
53 N. 45 at 49-109.
54 Richard Delgado, 'Storytelling for Oppositionists and Others: A Plea for
Narrative' (1989) 87 Mich. L Rev. 2411,2411-12.
55 Ihid. at 2412-13.
56 Ihid. 2414.
57 Walter Benjamin, 'The Storyteller', in H. Arendt (cd.), Illuminations (New
York,1968).
CRT: Past, Present, and Future
483
Benjamin believed that one of the storyteller's tasks is to subvert,
to challenge the myths of the ruling elite, and to allow people the
experience of self-recognition and self-validation. Storytellers
exchange experience and wisdom with their listeners, transform that
experience, and show how it fits into history's script. Well before
Benjamin, of course, there were slave narratives, hymns with double
meanings, Native American wampum stories, Mexican corridos.
And even before that, biblical tales of living in the land of Egypt. So,
that when Derrick Bell wrote his celebrated Chronicle of the Space
Traders,58 he was building on a long tradition.
In that chronicle, Bell invites his readers to consider what might
happen if, in the twenty-first century, a powerful group of aliens
landed in the water just off the Atlantic coast offering the following proposition. We will give you three gifts: gold to bailout your
bankrupt governments, special chemicals to sanitize your almost
uninhabitable environment, and a safe power source to take the
place of your diminishing oil resources. All we ask in return is that
you surrender all of your African Americans.
The offer was exactly that-an offer-non-coercive and voluntary. No punitive measures would be taken against the United
States if it said no. Black-white problems had worsened since the
1990s. Only 20 per cent of African Americans had managed to
make good in an increasingly technological society. The rest led
marginal lives in inner-city areas surrounded by high walls.
The reader can imagine how Bell ends his story. Debates about
citizenship ensued. Constitutional arguments were marshalled to
protect property rights of whites. On Martin Luther King's birthday all persons of African-American ancestry-according to the
one-drop rule-who had not managed to flee, found themselves
lined up on beaches, on which had been deposited the Space
Traders' gifts of gold, minerals, and machinery. With bowed
heads and linked arms they entered the ships, never to return to
the place they had called home.
Michael Olivas, a Chicano law professor, responded to Bell in a
symposium, writing that what Bell said could happen to blacks
had actually happened many times over to Mexicans. 59 Olivas
N. 34 above.
Michael Olivas, 'The Chronicles, My Grandfather's Stories, and
Immigration Law: The Slave Traders Chronicle as Racial History' (1990) 24 St.
Louis ULl425.
58
59
484
Richard Delgado and Jean Stefancic
pointed out that US labour shortages and surpluses during the first
fifty years of the twentieth century resulted in Bracero
programmes-the encouragement and recruitment of Mexicans to
migrate to the United States, alternating with deportations, the
largest of which, known as Operation Wetback, indiscriminately
sent millions of Mexicans-undocumented and legal immigrants,
as well as Mexicans who had become US citizens-back to
Mexico.
So, what then is the relationship between white privilege and
legal storytelling? Even those not of a critical bent agree that law
is slow to change, that judicial review-that is, cases heard in
appeal before the Supreme Court-has been largely unsuccessful
in bringing social change. And when it does bring change, it often
takes a conservative turn, as in recent cases concerning affirmative
action. One scholar has concluded that law has been elevated to
the position of a second-rate rationalizer of social life.
Storytelling, as deployed by Critical Race Theorists, tries to
recapture those excluded perspectives. It sets out to destroy
unconsciously-accepted mindset and presuppositions in order to
show the contingent, self-serving nature of much legal doctrine,
even in the area of civil rights, and to show that better possibilities
exist for our life together than the ones we accept and experience
now. Re-examination of whiteness plays a vital part in reviewing
the ways we understand the relation of groups to each other. As
Walter Benjamin, sixty years ago, challenged the myth of freedom,
so do critical scholars today question history's myth of white
superiority. They have shown, for example, that the great southern and European exodus of the late nineteenth and early twentieth centuries brought to the United States people whose primary
concern was not whether or not they were white, but, rather,
whether or not they might have enough food and the wherewithal
to purchase it.
Bringing ancient animosities and ethnic rivalries with them they
soon learned, as did the Irish a half century earlier, that they had
entered a hierarchy with 'white' Anglo-Saxon people on top, and
Negroes at the bottom. For millions of immigrants the legal
construction of whiteness by Supreme Court cases that Haney
Lopez describes was not uppermost in their minds, or, for most of
them, not in their minds at all. But they absorbed the consequences of that construction when they lived their lives hurt by the
CRT: Past, Present, and Future
485
insults of the white ruling class, who called them honkies,
bohunks, Polacks, and worse. They, in turn, looked down on
blacks, and in the southwest, on Mexicans, seeking to distance
themselves from the stigma of perceived inferiority.
During a forty-year period ending in 1920, over 21 million
people emigrated from southern and eastern Europe. The nativism
we hear today directed toward Latinos and Asians echoes that of
seventy years ago-dirty, immoral, licentious people, taking the
jobs of Americans. What distinguishes the two eras and groups of
peoples, though, is the possibility of assimilation by the earlier
group. Though opinion makers referred to them as inferior racial
stock, good-for-nothing mongrels, they had the ability to disappear in a generation or two into the 'American race', as Supreme
Court Justice Scalia has called it.
Joe Feagin describes a ceremony devised by Henry Ford for his
immigrant workers to help this process along. Feagin writes:
Working with this firm's executives, Henry Ford recruited southern and
eastern European immigrants for his auto plants. The company set up a
'Sociological Department' with investigators who visited workers' homes,
providing strong advice on family matters and personal morality. In addition, the immigrant workers had to attend a 'melting pot school' where
they learned English and certain Anglo-Protestant values of great concern
to men like Ford. Remarkably, during graduation ceremonies Ford's
employees, at first dressed as in their home countries, walked through a
big pot labeled 'melting pot' and emerged in business suits holding
American flags. Although this process was labeled 'melting pot' assimilation, the actual model is one-way assimilation to the dominant culture. 60
Will there be a Henry Ford for US Latinos and Asians?
A final homogenizing and sorting device that has recently come
into question is intelligence testing. Another way that white elites
controlled the huddled masses yearning to breathe free was to
subject them to intelligence tests. Developed during World War I
for large-scale testing of draftees, these verbal and performance
tests-originally devised to measure a limited range of learned
skills-became mischaracterized as intelligence tests. A Princeton
psychologist, Carl Campbell Brigham, based his opinion of the
inferior intelligence of southern and eastern Europeans on data
drawn from these tests, proving, he claimed, that those immi60
Joe Feagin, n. 47 above, at 352.
486
Richard Delgado and Jean Stefancic
grants came from inferior racial stock. Combined with the resurgent interest in eugenics in the early 1920s, the tests took on the
mantle of scientific truth and led directly to the anti-immigration
Act of 1924-a story too long to tell here.
Let us instead reflect on how this story of whiteness affected
not only southern and eastern Europeans, but also any minority
group today that does not score highly on standardized tests. We
are seeing that the next campaign in affirmative action battles is
what constitutes merit. Standardized tests tell one story about
intelligence; counter-storytellers like Stanley Fish, Stephen Jay
Gould, and Derrick Bell tell another. Activist groups in California
and elsewhere are trying to reframe entirely the story of intelligence and who has it, with the final chapter remaining to be told.
LATINO-CRITICAL ('LAT-CRIT') STUDIES AND CRITICAL
RACE FEMINISM
Critical race theorists have not only been interrogating whiteness.
So-called 'Lat-Crits' have spun off from CRT and formed their
own group, with meetings, characteristic themes, a new reader,
and an uneasy relationship with their black colleagues remaining
to be worked out. 61
The second largest minority group in the United States, and the
fastest growing, Latinos will overtake blacks numerically sometime
early in the next century. And, around 2050, people of colourblacks, Latinos, Asians, and Native Americans-will for the first
time exceed whites in number. Critical Latino scholars (Chicanos,
Puerto Ricans, Cubans, and persons of Central-American descent)
have been analysing such issues as language discrimination,
English-only laws, and restrictionist immigration policies and laws.
They have been forging alliances (not always successfully) with
blacks and Asians over common issues such as higher education
opportunity and affirmative action. They have been debating ingroup issues such as assimilation, discrimination by lighter- against
darker-skinned Latinos, and the effect of 'machismo' (a tradition of
exaggerated masculinity) on Latinas. They have been debating
what model or approach best captures the relation between the
61 For a collection of writing of this new movement see R. Delgado and
Stefancic (eds.), The Latino Condition: A Critical Reader (New York, 1998).
J.
CRT: Past, Present, and Future
487
dominant white majority and themselves, including Rodolfo
Acuna's powerful 'internal colonialism' theory.62
Much to the consternation of their black brothers and sisters,
they have been calling attention to the way in which the
black/white binary presupposed by US anti-discrimination law
fails to render justice to non-black minority groups, and urging
that the civil rights model be broadened. They have been pointing
out that although blacks may be in some sense the paradigmatic
racial victims, the means by which other groups have been racialized is important to attend to, if only as a source of lessons for the
critical understanding of race and racism.
Adding to the vitality and multifariousness of the American leftist racial scene, women of colour in the last few years have established a further spinoff movement, 'Critical Race Feminism'. The
title of a new reader by Adrien Wing,63 and a scheduled conference
next year, critical race feminism addresses some of the themes
mentioned earlier in this article, as well as relations between men
and women of colour, sterilization of black women, and the impact
of changes in welfare laws on black and brown families. Critical
race feminists also question the ability of doctrinal standbys such
as the reasonable-man standard to do justice for women of colour.
CRITICAL INTERNATIONAL HUMAN RIGHTS
A final emerging area is international human rights, where scholars, such as Berta Hernandez64 and Isabelle Gunning,65 are calling
attention to issues, such as genital mutilation and oppressive
factory conditions, frequently overlooked or given inadequate
treatment within the liberal tradition. Scholars such as L. Amede
Obiora 66 comment on the ineffectiveness of Western pressure on
See Rodolfo Acuna, Occupied America (San Francisco, 1972).
Adrien K. Wing (ed.), Critical Race Feminism: A Reader (New York, 1997).
e.g., Berta Esperanza Hernandez-Truyol, 'Sex, Culture, and Rights: A
Re/Conceptualization of Violence for the Twenty-First Century' (1997) 60 Alb. L
Rev. 607; and 'Natives, Newcomers and Nativism: A Human Rights Model for the
Twenty-First Century' (1996) 23 Fordham Urb. LJ 1075.
65 Isabelle Gunning, 'Uneasy Alliances and Solid Sisterhood: A Response to
Professor Obiora's "Bridges and Barricades" , (1997) 47 Case W Res. L Rev. 445.
66 L. Amede Obiora, 'Bridges and Barricades: Rethinking Polemics and
Intransigence in the Campaign Against Female Circumcision' (1997) 47 Case W
62
63
64
Res. L Rev. 275, 317-18.
488
Richard Delgado and Jean Stefancic
traditional societies to abandon certain practices (such as genital
mutilation) because the Western missionary frequently fails to
learn why so many African (for example) women continue the
practice and see it as part of their culture. Other scholars question
the helpfulness of treaties such as NAFTA (North American Free
Trade Agreement) in moving second-world countries rapidly into
industrialization. 67 Some writers in this field draw analogies
between US exploitation of emerging nations and oppressive
conditions maintained internally, and urge joining discussion of
domestic race relations with ones of international relations.
Imposition of the death penalty on children and pregnant
women, female infanticide, bride-burning, foot binding, slavery,
honour-killing, forced pregnancy and abortion, and international
prostitution have also come under scrutiny. Some traditional
human-rights advocates pursue these matters as well, but crits,
including fem-crits, emphasize the need for solidarity as well as
caution against reposing too much faith in rights, treaties, and
other traditional remedies.
From Margin to Centre: Limited Recognition of Critical Race
Theory and Theorists
Apart from posing provocative questions, what has CRT accomplished? The Supreme Court is more conservative than ever, while
affirmative action, welfare, open immigration, and a host of other
programmes dear to minorities are under fire. Three US states
have declared race-conscious admissions in higher education illegal, and the Fifth Circuit Court of Appeals, which covers Texas,
Louisiana, and Mississippi, has held that any consideration of race
in university admissions is unconstitutional. 68 The Supreme Court
has ruled that affirmative action in federal construction contracts
violates equal protection of the law and that race-conscious
programmes at both state and federal levels must be subject to the
strictest scrutiny. 69
Still, CRT has made a few inroads. The ideas of Lani Guinier
concerning voting rights and political equality, which at first were
67 Kevin R. Johnson, 'Free Trade and Closed Borders: NAFTA and Mexican
Immigration to the United States' (1994) 27 UC Davis L Rev. 937.
68 Hopwood v. Texas, 78 F 3d 932 (5th Cir. 1996).
69 Richmond v. J.A. Croson Co., 488 US 469 (1989).
CRT: Past, Present, and Future
489
denounced as radical and used against her in her nomination
proceedings for the position of US Assistant Attorney General for
Civil Rights, have now achieved a degree of acceptance; meanwhile, she has accepted the position of professor of law at
Harvard Law School, the first black woman to teach there in a
tenure-line capacity. Gerald Torres, a Lat-Crit, recently served as
special counsel to Attorney General Janet Reno in charge of
Indian affairs. President Clinton's decision to hold a series of
national forums and workshops on race, under a commission
headed by black historian John Hope Franklin, may have been
prompted, at least in part, by two books warning of a race war,
one written by a critical race theorist. The mainstream legal academy, which at first ignored the new movement, has now taken
note of it, sometimes writing stinging critiques such as Daniel
Farber and Suzanna Sherry's recent Beyond All Reason,7o which
accuses prominent members of the new school of forsaking scholarly discourse for radical posturing and emotional rhetoric.
Critical race theorists lecture at top schools, including overseas,
and young crits occasionally win appointments at schools like
Harvard, Yale, Texas, and Stanford.
Tomorrow and the New Century: What Does the Future
Hold for Critical Race Theory?
What does the future hold for CRT? To the two of us, it seems
that the movement must shift its focus radically in the years ahead
if it is not to lose its cutting edge and lapse into near-irrelevance.
CRT sprang up in the early and mid-1970s as perceptive
lawyers and activists around the nation realized that the gains of
the 1960s were fading. New methods and theories were needed to
cope with, and understand, the subtle, institutional, or 'latter-day'
forms that racism was beginning to take. Thus, much of the early
work (although not that of Derrick Bell) focused on liberalism and
its defects-its lack of staying power, perverse neutralism, and
insistence on seeing every issue as one of rights, to be resolved not
in group but individual terms.
This initial focus was not surprising, in light of liberalism's
70 David Farber and Suzanna Sherry, Beyond All Reason: The Radical Assault
on Truth in American Law (New York, 1997).
490
Richard Delgado and Jean Stefancic
status as the reigning orthodoxy and principal impediment to
racial reform. Thus, early articles and books addressed whether
liberalism propelled or impeded the cause of social transformation, and what we should do about unconscious discrimination.
Today, however, the reigning ideology is not liberalism, but
rampant conservatism. And racism is no longer subtle or unconscious, but rather of the blatant, in-your-face variety, much like
the 1940s or 1950s. CRT, however has not changed with the
times. It continues focusing on feelings, language, social construction, and the unique multiple consciousness of people of colour,
while programmes vital to the wellbeing and, indeed, survival, of
minority communities are being terminated right and left.
Society may need, now, a theory of resistance, perhaps drawing
from such works as Antonio Gramsci's prison writings, the work
of Martin Luther King and Gandhi on civil disobedience, and on
Black Panther and Nation of Islam writings on nationalism and
struggle. Latino theorists and activists may need to revisit the work
of Cesar Chavez and Rodolfo Acuna's reflections on 'occupied
America'. Asian-Americans may need to develop their own radical
tradition. Derrick Bell's recent book, Confronting Authority,?l
which describes his career as scholar-activist, may be a start in this
new direction. The work of Paul Butler on jury nullification, in
which black jurors vote to acquit black defendants who pose no
threat to the community, may constitute a second straw in the
windJ2 The environmental-racism movement,?3 which challenges
the siting of sewage treatment facilities and toxic dumps in minority communities and the dumping of radioactive tailings on Indian
lands, is also gaining ground. Like jury nullification, it may herald
a redirection on the part of the academy toward social activism.
The Owl of Minerva: Has It Flown?
Hegel employed the term 'Owl of Minerva' to explain some of the
German philosopher's ideas about the progression of knowl71 Derrick Bell, Confronting Authority: Reflections of an Ardent Protester
(Boston, Mass., 1994).
72 Paul Butler, 'Racially Based Jury Nullification: Black Power in the Criminal
Justice System' (1995) 105 Yale LJ 677.
73 e.g., Luke Cole, 'Remedies for Environmental Racism: A View from the
Field' (1992) 90 Mich. L Rev. 394.
CRT: Past, Present, and Future
491
edgeJ4 Writing that 'the owl of Minerva flies only at dusk', he
observes that wisdom (symbolized by the owl) often comes too
late, just as the day is ending. Will this be the fate of CRT, to
refine and re-refine endlessly its quarrels with liberalism, a force
whose time has long since ended? One sees solipsistic elements in
some of its recent writing, and an unusual preoccupation with self.
Some of the splinter groups-Latino-Critical, race-feminist, and
the new Asian scholars-seem less inclined to split hairs and more
to address a frightening social reality. Blacks and Latinos, the two
largest groups of radical leftists scholars of colour, show less inclination than ever to coalesce and draw together. Some of the black
leadership seems to have taken a less critical, softer turn-perhaps
in response to the rebellious newcomers-and have been writing
about forgiveness, racial healing, making friends with whites, and
the spiritual crisis of black leadership.
While some of the leading Critical Race scholars have been
accepted into governmental circles or achieved large readerships,
many in the movement seem to be spinning their wheels, uncertain
of what direction to take in the face of the conservative onslaught
currently rolling over the country. Will the younger scholars in the
group be capable of setting aside their scholastic agendas and
providing intellectual leadership in a time of serious retrenchment?
Minority communities need them, but the movement in general
has yet to deliver on its radical promise.
74 G. W. F. Hegel, Elements of The Philosophy of Right (trans!' H. B. Nisbet,
Cambridge, 1991),23.
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