Thesis (MA)--University of Stellenbosch, 2000. / ENGLISH ABSTRACT: This thesis examines the relationship between law and justice. Firstly, it is argued that the concept of justice tends to be defined too narrowly as distributive justice or as a mechanism to maintain social order. It is argued that Jacques Derrida's understanding of justice not only gives a richer and broader understanding of the concept, but also on its complex relationship with the law. Lastly, some of the possible implications for jurisprudence (with specific reference to Critical Legal Studies, Critical Race Theory and Drucilla Cornell) are examined. / AFRIKAANSE OPSOMMING: Hierdie tesis ondersoek die verhouding tussen geregtigheid en die reg. Daar word eerstens geargumenteer dat geregtigheid te maklik gedefinieer word as distributiewe geregtigheid of as In meganisme om sosiale orde te bewerkstellig. Daar word geargumenteer dat Jacques Derrida se verstaan van die konsep nie aileen 'n breer en ryker verstaan moontlik maak nie, maar dat dit ook fokus op die komplekse verhouding met die reg. Laastens word sommige van die moontlike implikasies vir regsfilosofie (met spesifieke verwysing na Critical Legal Studies, Critical Race Theory en Drucilla Cornell) ondesoek,

Doctor of Philosophy / Department of Curriculum and Instruction / Kay Ann Taylor / This study explored Islamophobia and Muslims’ religious experiences in the Midwest. Its purpose was to propose a new theory named Critical Muslim Theory. The research methodology was autoethnography (me, the researcher) in concert with discovering in-depth experiences and narratives of nine Muslim participants (five Muslim females and four Muslim males) in dealing with Islamophobia. Religion became the centrality of Critical Muslim Theory in replacing race (as in Critical Race Theory) while centralizing other oppressions Muslims experience through intersections with religion and law, religion and gender, and religion and race. Critical Muslim Theory represents six basic tenets, namely: (a) Islamophobia is endemic and pervasive, (b) Critical Muslim Theory is critical towards how the dominant society views Islam and Muslims, (c) Islamophobia is a social construction, (d) Legal basis, (e) Intersectionality, and (f) Storytelling and counterstories reveal the oppression and pain of Muslims. An historical context was established for Muslims in the United States of America, although more research needs to be contributed to this area. Instances of interest convergence also were present, however, more research in this area is needed. One recommendation from this research suggests combating ignorance through education and establishing a pure relationship between Muslims and non-Muslims through dialogue for understanding. This study further proposes Muslim Double Consciousness as an area for future research. This topic was of interest due to proposing the theory, its further research and development, and the potential for Critical Muslim Theory to stand on its own as a methodology.

This study investigated teachers' perceptions of African- American principals' leadership and the extent to which those perceptions varied according to their race, gender, years of teaching experience, and years working with the principal. The results of this exploratory study are intended to enhance the empirical data reflecting the leadership characteristics of the African-American principal and to contribute to the research on leadership in general. The participants in this study consisted of 32 African-American principals and 164 teachers in schools representing 12 states during the 2004-2005 school year. Each teacher participant completed either an electronic or paper version of the Leadership and Management of Schools Survey Instrument (LMSS) which addressed the leadership and management traits of the principal and the demographic data on the teachers. The findings indicated that African-American principals are perceived as using high levels of transformational and transactional leadership. Additionally, results indicated that race influences the leadership credibility of the African-American principal. There did not appear to be a significant relationship between teachers' perceptions and gender of a teacher, gender of the principal, or both, and no relationship was found between the years of teachers' experience and their perceptions of the African- American principals. However, teachers' perceptions of African- American principals' leadership and management qualities increased positively with the number of years of experience working with the principal. Indications from these findings can be useful to universities, colleges, and school districts in making informed decisions concerning the training, recruitment, and placement of African-American principals.

Our criminal justice system works very hard to prevent criminals from harming other individuals; however, unfortunately mistakes happen. One wrongful conviction is one too many. There are multiple factors that can be assumed to be the cause of wrongful convictions. However, due to the lack of directly related research, the determents are not well established. The following research addresses wrongful convictions as a result of public defender representation. Through the process of theory construction, the research uses critical race theory and social disorganization theory to show the relationship between court appointed representation and wrongful convictions. A new theory is also established that is referred to as the partial load reduction theory. This theory establishes the relationship that exists between wrongful convictions and public defender representation and provides solutions as well as new avenues for future research.

Representation has become a buzzword in the advertising industry. With more consumers asking for brands to represent more diverse people in advertisements, this study examined cases when representation in advertisements received negative feedback. By examining three cases where brands received negative feedback after the release of an ad, the researcher explored perceptions and reactions toward the representation of Black people in advertisements. This study conducted a thematic analysis of popular press and trade publications to look for themes among the three cases. With the use of Critical Race Theory and Image Repair Theory, the researcher aimed to fill a gap in research by investigating the perceived problems and reactions towards negative advertisements. The perceived problem in the ads explored in this study was that the ads were Racist. The sub-themes Skin Color and Proximity explained how racism manifested in each ad. Themes that were found relating to public reaction were: Questioning, Multiple Mishaps, Denouncing the Brand, and Solutions to the Problem. Knowing your Customers was the singular theme identified regarding the advertising industry. The themes found when examining brand’s reactions were: Apologizing, Unintentional Representation, Pulling the Advertisement, and Examining Internal Processes.

The Civil Rights Act was enacted more than 5 decades ago, and its provisions forbade discrimination on the basis of race in hiring, promoting, and firing. Yet some researchers argue that racial discrimination issues are still prevalent in the United States. They contend that modern racial discrimination is more covert and takes the form of racial microaggressions, which are subtle conscious or unconscious insults and derogatory attitudes directed towards minorities. Researchers have not fully addressed the prevalence of racial microaggressions in U.S. workplaces, however. The purpose of this qualitative phenomenological study was to explore the lived experiences of naturalized African-Americans regarding racial microaggressions in U.S. federal agencies. The research problem was examined through the lens of critical race theory. Ten participants from the Social Security Administration were selected using snowball sampling. Data were collected through semi structured phone interviews and then examined using thematic content analysis to identity key concepts and develop a coding structure, from which 9 themes emerged. Findings revealed that participants experienced racial microaggressions in the form of bias, prejudice, false assumptions, nepotism, favoritism, and unfair denial of opportunities for promotion and professional development while at work, which affected their morale and productivity. This study may contribute to positive social change by helping leaders of U.S. federal agencies to understand their multicultural and diverse workforce and work environment. U.S. government officials could also use this study as a basis for policy decisions that may improve racial relations in U.S. federal agencies.

Fantasy sports are the latest addition to the sports industry. Fantasy sports (FS) participants compete against one another by using players from the “real” world to create a virtual team. FS simulates the structures of the real sporting world. The most popular FS is football, due to the success of the National Football League (NFL) (World Fantasy Games, 2009). Black males represent a vast majority of the athletes in the NFL and are often bought and sold by white participants who represent a critical mass of FS players. The purpose of this dissertation is to read fantasy football participation and consider the un/conscious commodification, fetishization of black masculinity, which is used for cultural transmission. Using Critical Race Theory (CRT) to analyze interdisciplinary literature enhances the discourse surrounding the intersectionalties of race, gender, sexuality, and sport. Critically reading FS, employing bricolage has made it possible to pragmatically analyze FS. I argue race is central to the acquisition, maintenance, and exposition of power that is paramount in sport, and evidenced within FS. The paradox of allowing the masses of white sport consumers to exercise virtual control over black bodies via FS is that it reveals cultural dogma of racialized masculinity with psychosocial links to fetish.

The racialized realities faced by Black students provide an impetus to examine the controversy over Canada's first Africentric Alternative School, approved on January 29, 2008 by the Toronto District School Board. Newspaper articles, editorials and letters to the editor, as well as speeches by delegations and trustees, provide a rich snapshot of the arguments put forth in the heated political debate. Through the lens of equity and critical race theory, the diverse and divergent stances taken by both proponents and opponents of the school are analysed and understood. A conceptual framework of hidden and public transcripts (Scott, 1990) is used to distinguish arguments that reflect on the lived experiences of Black students from those that reiterate the dominant discourses of liberal democratic societies. The findings emerge as three opposing sets of themes that reveal a transcript reflective of the ongoing salience of racism within ostensibly liberal claims to racial equality.

This thesis analyzes the Canadian Immigration and Refugee Board (IRB)’s treatment of culture in recent family sponsorship decisions. Drawing upon theories of cultural difference, identity construction, and Critical Race Theory, it examines IRB decision-makers’ assessments of cultural factors and their influence on the evaluation of parties’ credibility. This thesis argues that appellants and applicants before the Immigration Appeal Division often had to demonstrate that their family class relationships were “performed” in accordance with the norms of their culture. Many IRB Members relied on essentialist conceptions of culture, and thus generated problematic images of both cultural minorities and Canadian society. Further, the identity of parties was often constructed in terms of defined categories such as ethnic background, religion, marital status, age, and disability. In conclusion, this thesis offers reflections on how issues of cultural identity can be more fairly and sensitively addressed by administrative tribunals such as the IRB.

The racialized realities faced by Black students provide an impetus to examine the controversy over Canada's first Africentric Alternative School, approved on January 29, 2008 by the Toronto District School Board. Newspaper articles, editorials and letters to the editor, as well as speeches by delegations and trustees, provide a rich snapshot of the arguments put forth in the heated political debate. Through the lens of equity and critical race theory, the diverse and divergent stances taken by both proponents and opponents of the school are analysed and understood. A conceptual framework of hidden and public transcripts (Scott, 1990) is used to distinguish arguments that reflect on the lived experiences of Black students from those that reiterate the dominant discourses of liberal democratic societies. The findings emerge as three opposing sets of themes that reveal a transcript reflective of the ongoing salience of racism within ostensibly liberal claims to racial equality.