As
the last Derrick Bell Fellow in 2009-10, I shared an office
with Professor Bell for my first job out of law school.
In the years before he passed away, we had many conversations
about race, law, and most importantly, about teaching. The
most ironic aspect of the conservative media assault on
his legacy is that Professor Bell actually defended the
very individuals who the right wing accuses him of disparaging.
While many of us know Derrick Bell as a scholar and activist,
it was through his teaching that Professor Bell’s “radical
humanism” truly shone through.
The
right wing distortion began with the issue of “White supremacy,”
which was the point of debate between Soledad O’Brien and
Joel Pollak. Professor Bell was a renowned scholar on race
and racism and was one of the founding figures of Critical
Race Theory - of course he addressed “White supremacy” in
his work. To think he would not have is absurd. The right
wing’s distortion, however, was to create simplistic media
soundbite.
In
isolation, the term “White supremacy” - which in common
parlance conjures up images of the KKK, cross burnings,
etc. - misses the complexity and nuance of Professor Bell’s
analysis. Prof. Bell’s work examined White supremacy in
a broad, systemic light and hardly addressed the KKK or
overt manifestations of racism at all. He acknowledged that
the Civil Rights Movement did eliminate de jure racial segregation,
and that it significantly reduced the most blatant forms
of racism. But in his Critical Race Theory scholarship,
Professor Bell posited that those are just the most visible
elements of racism, and the structural core of racial hierarchy
remains untouched, even after the Civil Rights Movement.
In
that sense, White supremacy, as an ideology that much more
subtly defines and reinforces racial hierarchy, is key part
of Critical Race Theory. But that is a much different sense
than what is understood by most of the public when a conservative
commentator on TV uses the term “White supremacy.”
Even
more appalling is that the right wing media perpetuated
this distortion by extrapolating that Professor Bell disliked
White people. Bill O’Reilly stated as much, and Sarah Palin
referred to Professor Bell as a “racist.” But those of us
who saw Professor Bell teach know that nothing could be
further from the truth. Many of the students who were closest
to him were White, as were the majority of the Derrick Bell
Fellows - whom he chose personally. Moreover, independent
of race, Professor Bell actually encouraged criticism from
students and commentators who disagreed with his views.
His classes always focused on student participation, and
some of his best students and Teaching Assistants were those
whose political views were very different from his own.
As
articulated in his book, Confronting
Authority,
what Professor Bell admired most were individuals who would
stand up and express dissent, even at the risk of rebuke
and ostracism from peers. He viewed his classroom as a setting
to teach students to challenge authority - including his
authority. He also invited speakers to class who disagreed
with him; in fact, Harvard Law Professor Randall Kennedy,
a staunch opponent of Critical Race Theory, spoke in Professor
Bell’s class the very week after he passed away.
Students
of all racial and political backgrounds could speak to Professor
Bell’s warmth and kindness - the personal stories and life
lessons he offered while teaching, and the general compassion
he encouraged everyone to display. Professor Bell was “radical”
and would proudly embrace the term. But much more than his
political views, his philosophy of encouraging student dissent,
of treating everyone with respect, and of “humanizing the
law school experience” - as he liked to put - made him a
“radical humanist” whose legacy will have a lasting impact
on all whom he touched.
BlackCommentator.com
Guest Commentator, Columnist,
Vinay Harpalani, J.D., Ph.D., is the Korematsu Teaching
Fellow at Seattle
University School
of Law. He earned his J.D. from NYU
School of Law and his Ph.D. from the University of Pennsylvania. Vinay served as the Derrick Bell Fellow in 2009-10, working
closely with Professor Bell in designing and teaching his
constitutional law courses. Vinay’s scholarship focuses
on Critical Race Theory and education law. Click here
to contact Vinay Harpalani.
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