Post-Intersectionality the Curious Reception of Intersectionality in Legal Scholarship

I thank the editors of Du Bois Review for their helpful comments on this article. I also thank the African American Policy Forum for its generous assistance in presenting an early draft of this paper at the Social Justice Writers workshop and for the comments received, in particular from Barbara Tomlinson, George Lipsitz, Alvin Starks and Luke Harris. This work was reinforced by conversations with my friend Athena Mutua, who is a kind and stimulating conversation partner. Of course, this work would not be possible without the inspiration of author Kimberlé Crenshaw, who developed the theory of intersectionality. This chapter provides an overview of intersectionality theory and situates its origins in black feminist thought in the United States, providing the theoretical foundations needed to apply the theory in the context of international human rights. The idea that multiple systems of oppression overlap in people`s lives and affect different individuals and groups of people differently opens a space for discussion of differences between groups (e.g., differences between women and men), but also differences within groups (e.g., differences in experiences of discrimination between white women and women of color). Although its precursors in black feminist thought emerged much earlier, intersectionality theory emerged in part in the late 1980s in response to conceptual and pragmatic flaws in feminist legal theory and critical race theory. In 1989, Kimberlé Crenshaw published a paper on germs defining the theory of intersectionality. In Demarginalisizing the Intersection of Race and Sex: A Black Feminist Critique of Anti-Discrimination Doctrine, Feminist Theory and Antiracist Politics, Crenshaw showed how neither feminist nor anti-racist advocacy fully understood the marginalization of women of color.

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