Mark Golub contributes a new essay to the “Race & Capitalism” series through a critical examination of the concept of the “rule of law.” Golub argues that, in the United States, the seemingly neutral and objective status of law masks a deep set of class and racial biases that are underpinned by state violence. He calls attention to two key approaches to understanding and ultimately confronting the injustices of such a legal order—critical legal studies and critical race theory. According to Golub, bringing the strengths of these two intellectual currents together is necessary for a robust critique of a system in which racial domination and capitalist exploitation reinforce each other.
Mark Golub is associate professor of politics and director of the Legal Studies Program at Scripps College, Claremont, CA. He specializes in critical race theory, constitutional law, and African American political thought. His work focuses on the limits of antiracist discourse and the legal construction of white racial entitlement. His writing has appeared in Law and Society Review, Law and History Review, Journal of American Culture, Law and Politics Book Review, Women's Studies, and the Huffington Post. His book, Is Racial Equality Unconstitutional? (Oxford University Press) was released in 2018.