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Thursday, October 6, 2011

Goodbye to Derrick Bell.

The eminent law professor has died.
He was a pioneer of critical race theory — a body of legal scholarship that explored how racism is embedded in laws and legal institutions, even those intended to lessen the effects of past injustice. Mr. Bell “set the agenda in many ways for scholarship on race in the academy, not just the legal academy,” said Lani Guinier, the first black woman hired to join the Harvard Law School’s tenured faculty, in an interview on Wednesday....

Mr. Bell’s core beliefs included what he called “the interest convergence dilemma” — the idea that whites would not support efforts to improve the position of blacks unless it was in their interest....

Much of Mr. Bell’s scholarship rejected dry legal analysis in favor of allegorical stories....

One his best-known parables is “The Space Traders,” which appeared in his 1992 book, “Faces at the Bottom of the Well: The Permanence of Racism.” In the story, as Mr. Bell later described it, creatures from another planet offer the United States “enough gold to retire the national debt, a magic chemical that will cleanse America’s polluted skies and waters, and a limitless source of safe energy to replace our dwindling reserves” in exchange for one thing: its black population, which would be sent to outer space. The white population accepts the offer by an overwhelming margin....

Not everyone welcomed the move to narrative and allegory in legal scholarship. In 1997, Richard Posner, the conservative law professor and appeals court judge, wrote in The New Republic that “by repudiating reasoned argumentation,” storytellers like Mr. Bell “reinforce stereotypes about the intellectual capacities of nonwhites."
Prof. Bell was 80.

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