Critical Legal Theory, DEI, and the Populist Backlash - HASO18
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Critical Legal Theory, DEI, and the Populist Backlash
Critical Legal Theory (CLT) posits that law not only reinforces structural inequalities but actively constructs social categories—such as race, gender, and class—that position individuals as privileged or marginalized. If CLT is correct in identifying law as a root cause of systemic inequality, then fairness demands comprehensive legal reform. Such reform has been pursued through policies like affirmative action and DEI (Diversity, Equity, and Inclusion) initiatives in the U.S., and parallel efforts in the EU, including the Gender Equality Strategy and Anti-Racism Action Plan. These efforts have provoked a populist backlash. This course asks: Does this resistance signal a rejection of social justice, or a concern that CLT-inspired remedies risk creating new forms of injustice in a perceived zero-sum contest for fairness? Through legal case studies and critical texts, students will be introduced to CLT and its account of law’s role in shaping social hierarchies. The course will examine the implementation and critique of DEI policies in the U.S. and EU, analyze the populist responses they have triggered, and explore alternative legal frameworks—such as identity constitutionalism—that aim to promote equity through more inclusive, less agonistic approaches. Poslední úprava: Marešová Svatava, Ing. (25.06.2025)
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1. From Structural Injustice to Populism 2. Foundations of Critical Legal Theory 3. Law and the Social Construction of Identity Categories 4. Gender and Legal Classification 5. Race, Whiteness, and the Law 6. Affirmative Action: Theory and Practice 7. DEI in the EU: Gender and Anti-Racism Frameworks 8. The Populist Backlash Against DEI: Political and Legal Dimensions 9. Case Studies in DEI Litigation and Policy 10. Beyond Agonistics: Identity Constitutionalism Poslední úprava: Marešová Svatava, Ing. (25.06.2025)
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