Hostname: page-component-84b7d79bbc-4hvwz Total loading time: 0 Render date: 2024-08-05T06:06:24.889Z Has data issue: false hasContentIssue false

Conceptions of Agency in Social Movement Scholarship: Mack on African American Civil Rights Lawyers

Published online by Cambridge University Press:  27 December 2018

Abstract

This essay examines the theory of individual agency that propels the central thesis in Kenneth Mack's Representing the Race: The Creation of the Civil Rights Lawyer (2012)—namely, that an important yet understudied means by which African American civil rights lawyers changed conceptions of race through their work was through their very performance of the professional role of lawyer. Mack shows that this performance was inevitably fraught with tension and contradiction because African American lawyers were called upon to act both as exemplary representatives of their race and as performers of a professional role that traditionally had been reserved for whites only. Mack focuses especially on the tensions of this role in courtrooms, where African American lawyers were necessarily called upon to act as the equals of white judges, opposing counsel, and witnesses. Mack's thesis, focused on the contradictions and tensions embodied in the performance of a racially loaded identity, reflects the influence of postmodern identity performance theory as articulated by Judith Butler and others. Mack and others belong to a new generation of civil rights history scholars who are asking new questions about contested identities related to race, gender, sexuality, and class. This essay offers an evaluation of this new direction for civil rights scholarship, focusing especially on its implicit normative orientation and what it contributes to the decade‐old debate over how to conceive of agency in social movement scholarship.

Type
Review Essay
Copyright
Copyright © American Bar Foundation, 2014 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

References

Alfieri, Anthony V., and Onwuachi‐Willig, Angela 2013. Next‐Generation Civil Rights Lawyers: Race and Representation in the Age of Identity Performance. Yale Law Journal 122:14841558.Google Scholar
Batlan, Felice 2010. Florence Kelley and the Battle Against Laissez‐Faire Constitutionalism. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1721725 (accessed February 28, 2014).Google Scholar
Bell, Derrick Jr. 2003. Diversity's Distractions. Columbia Law Review 103:16221633.Google Scholar
Bell, Derrick Jr. 2005. The Unintended Lessons in Brown v. Board of Education . New York Law School Law Review 49:10531076.Google Scholar
Bourdieu, Pierre 1984. Distinction: A Social Critique of the Judgement of Taste. Cambridge, MA: Harvard University Press.Google Scholar
Brewer, Scott 1990. Pragmatism, Oppression, and the Flight to Substance. Southern California Law Review 63:17531770.Google Scholar
Brown, Wendy 1995. States of Injury. Princeton, NJ: Princeton University Press.Google Scholar
Brown‐Nagin, Tomiko 2011. Courage to Dissent: Atlanta and the Long History of the Civil Rights Movement. New York: Oxford University Press.Google Scholar
Butler, Judith 1990. Gender Trouble: Feminism and the Subversion of Identity. New York: Routledge Classics.Google Scholar
Carbado, Devon W., and Gulati, Mitu 2000. Working Identity. Cornell Law Review 85:12591306.Google Scholar
Carbado, Devon W., and Gulati, Mitu 2013. Acting White: Rethinking Race in Post‐Racial America. New York: Oxford University Press.Google Scholar
Carle, Susan D. 1999. Gender in the Construction of the Lawyer's Persona. Harvard Women's Law Journal 22:239273.Google Scholar
Carle, Susan D. 2001. From Buchanan to Button: Legal Ethics and the NAACP (Part II). University of Chicago Law School Roundtable 8:281307.Google Scholar
Carle, Susan D. 2002. Race, Class, and Legal Ethics in the Early NAACP (1910–1920). Law & History Review 20:97146.Google Scholar
Carle, Susan D. 2013. Defining the Struggle: National Organizing for Racial Justice. New York: Oxford University Press.Google Scholar
Dewey, John 1939. Theory of Valuation. International Encyclopedia of Unified Science 2:167.Google Scholar
Ford, Richard 2002. Beyond “Difference”: A Reluctant Critique of Legal Identity Politics. In Left Legalism/Left Critique, ed. Brown, Wendy and Halley, Janet, 3879. Durham, NC: Duke University Press.Google Scholar
Gilmore, Glenda 1996. Defying Dixie: The Radical Roots of Civil Rights, 1919–1950. New York: W. W. Norton.Google Scholar
Goluboff, Risa 2007. The Lost Promise of Civil Rights. Cambridge, MA: Harvard University Press.Google Scholar
Goluboff, Risa 2013. Lawyers, Law, and the New Civil Rights History. Harvard Law Review 126:23122335.Google Scholar
Greenberg, Jack 1994. Crusaders in the Courts: How a Dedicated Band of Lawyers Fought for the Civil Rights Revolution. New York: Basic Books.Google Scholar
Handler, Joel F. 1992. Postmodernism, Protest, and the New Social Movements. Law and Society Review 26:697732.Google Scholar
Haney López, Ian. 2006. White by Law: The Legal Construction of Race, revised and expanded edition. New York: New York University Press.Google Scholar
Johnson, Walter 2003. On Agency. Journal of Social History 37:113124.Google Scholar
Kennedy, David 2004. The Dark Sides of Virtue: Reassessing International Humanitarianism. Princeton, NJ: Princeton University Press.Google Scholar
Kilpatrick, Judith 2007. There When We Needed Him: Wiley Austin Branton, Civil Rights Warrior. Fayetteville: University of Arkansas Press.Google Scholar
King, Gilbert 2013. Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America. New York: Harper Perennial.Google Scholar
Klarman, Michael J. 2004. From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality. New York: Oxford University Press.Google Scholar
Lau, Holning 2010. Identity Scripts and Democratic Deliberation. Minnesota Law Review 94:898971.Google Scholar
Lee, Sophia Z. 2008. Hotspots in a Cold War: The NAACP's Postwar Workplace Constitutionalism, 1948–1964. Law and History Review 26:327378.Google Scholar
Liptak, Adam 2009. On Voting Rights, Test of History v. Progress. New York Times, April 28, p. A16. http://www.nytimes.com/2009/04028/us/28voting.html (accessed February 28, 2014).Google Scholar
Mack, Kenneth W. 1999. Law, Society, Identity, and the Making of the Jim Crow South: Travel and Segregation on Tennessee Railroads, 1875–1905. Law & Social Inquiry 24:377409.Google Scholar
Mack, Kenneth W. 2002. A Social History of Everyday Practice: Sadie T. M. Alexander and the Incorporation of Black Women into the American Legal Profession, 1925–1960. Cornell Law Review 87:14051474.Google Scholar
Mack, Kenneth W. 2005. Rethinking Civil Rights Lawyering and Politics in the Era Before Brown . Yale Law Journal 115:256354.Google Scholar
Mack, Kenneth W. 2006. Law and Mass Politics in the Making of the Civil Rights Lawyer, 1931–1941. Journal of American History 93:3762.Google Scholar
Mack, Kenneth W. 2008. The Role of Law in the Making of Racial Identity: The Case of Harrisburg's W. Justin Carter, Widener Law Journal 18:122.Google Scholar
Mack, Kenneth W. 2009. Bringing the Law Back into the History of the Civil Rights Movement. Law and History Review 27:657669.Google Scholar
Mack, Kenneth W. 2012. Representing the Race: The Creation of the Civil Rights Lawyer. Cambridge, MA: Harvard University Press.Google Scholar
Mack, Kenneth W. 2013. Civil Rights History: The Old and the New. Harvard Law Review 126:238261.Google Scholar
Mayeri, Serena 2011. Reasoning from Race: Feminism, Law, and the Civil Rights Revolution. Cambridge, MA: Harvard University Press.Google Scholar
McFarlane, Audrey G. 2009. Operatively White? Exploring the Significance of Race and Class Through the Paradox of Black Middle‐Classness. Law and Contemporary Problems 72:163196.Google Scholar
McNeil, Genna Rae 1984. Groundwork: Charles Hamilton Houston and the Struggle for Civil Rights. Philadelphia, PA: University of Pennsylvania Press.Google Scholar
Meier, August, and Rudwick, Elliott 1976. Attorneys Black and White: A Case Study of Race Relations Within the NAACP. Journal of American History 62:913946.Google Scholar
Miller, Loren 1966. The Petitioners: The Story of the Supreme Court of the United States and the Negro. New York: Pantheon Books.Google Scholar
Nelson, Paul D. 2002. Frederick L. McGhee: A Life on the Color Line, 1861–1912. St. Paul, MN: Minnesota Historical Society Press.Google Scholar
Nussbaum, Martha 1999. The Professor of Parody. New Republic Online. http://www.akad.se/Nussbaum.pdf (accessed February 28, 2014).Google Scholar
Sklar, Katherine Kish 1995. Florence Kelley and the Nation's Work: The Rise of Women's Political Culture, 1830–1900. New Haven, CT: Yale University Press.Google Scholar
Smith, J. Clay 1993. Emancipation: The Making of the Black Lawyer. Philadelphia: University of Pennsylvania Press.Google Scholar
Taylor, Verta, and Bernstein, Mary, eds. 2013. The Marrying Kind?: Debating Same‐Sex Marriage Within the Lesbian and Gay Movement. Minneapolis: University of Minnesota Press.Google Scholar
Williamson, Joel 1984. The Crucible of Race: Black‐White Relations in the American South Since Emancipation. New York: Oxford University Press.Google Scholar

Cases Cited

Griggs v. Duke Power Co., 401 U.S. 424 (1971).Google Scholar
Steele v. Louisville & Nashville R.R. Co., 323 U.S. 192 (1944).Google Scholar