The Value of Intersectional Comparative Analysis to the ‘Post-Racial’ Future of Critical Race Theory: A Brazil–U.S. Comparative Case Study

31 Pages Posted: 20 Sep 2012

Date Written: 2011

Abstract

This Commentary Article aims to illustrate the value of comparative law to the jurisprudence of Critical Race Theory (CRT), particularly with reference to the CRT project of deconstructing the mystique of “post-racialism.” The central thesis of the Article is that the dangerous seductions of a U.S. ideology of “post-racialism” are more clearly identified when subject to the comparative law lens. In particular, a comparison to the Brazilian racial democracy version of “post-racialism” is an instructive platform from which to assess the advisability of promoting post-racial analyses of U.S. racial inequality. In Part I the Article introduces the value of comparative law to the future development of CRT. Part II provides an overview of Brazilian “post-racial” discourse. Part III then details the quantitative and qualitative indicators of racial discrimination and intersectional race and gender discrimination in Brazil. Part IV focuses upon the Brazilian legal opposition to post-racialism as evidenced by a recent intersectional anti-discrimination case. The Article then concludes that the critical comparative examination of the Brazilian version of “post-racialism” assists in elucidating the concrete counter-intuitive harms of a “post-racial” perspective in the United States.

Suggested Citation

Hernandez, Tanya Kateri, The Value of Intersectional Comparative Analysis to the ‘Post-Racial’ Future of Critical Race Theory: A Brazil–U.S. Comparative Case Study (2011). Connecticut Law Review, Vol. 43, No. 5, 2011. Available at SSRN: https://ssrn.com/abstract=2148993

Tanya Kateri Hernandez (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

HOME PAGE: http://sites.google.com/site/professortkh/home

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