When Critical Race Theory Enters the Law & Technology Frame
22 Pages Posted: 22 Mar 2021 Last revised: 3 Jun 2021
Date Written: February 4, 2021
This essay suggests that law and technology scholarship tends to focus on fixing technologies without critically analyzing the role of law in creating the social context in which the technologies are adopted. It demonstrate how legal scholars incorporate a critical race lens to expand the discourse on law and technology as an antidote to this tendency in at least two ways. First, scholars draw upon an understanding of race as a socially and historically situated construct to critique the intersection between law and technology in society. Second, scholars illuminate how race shapes our perceptions of social reality to provide guidance on how to expand critiques of law through examination of technologies in society as well. In framing these critiques as the intersection of critical race theory and law, this essay seeks to expand the kinds of questions being interrogated by legal scholars at the intersection of race, technology and the law going forward.
Keywords: race, law and technology, critical race theory, actuarial risk assessments
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