Navigating history and paradox

Abstract This essay assesses Susan Sturm’s What Might Be: Confronting Racism to Transform Our Institutions as a major contribution to Critical Race Theory, socio-legal theory, and the practice of institutional anti-racism. It argues that Sturm’s central achievement is to reframe anti-racism not as a discrete legal remedy or diversity initiative, but as a sustained institutional practice of navigating paradox. Drawing on Sturm’s earlier work on complex discrimination, the essay shows how her critique of formal adjudication and liability-centered antidiscrimination law develops into a broader theory of organizational transformation. Institutions, Sturm argues, are not race-neutral arenas; they reproduce racial hierarchy through norms, routines, role structures, and patterns of interaction that often appear ordinary or neutral. The essay emphasizes three linked dimensions of Sturm’s intervention. First, anti-racism requires working through contradictions rather than resolving them: race must be acknowledged because it is materially consequential, yet racial categories must also be destabilized because they help reproduce hierarchy. Second, institutions often become trapped in cycles of reform and retrenchment, producing what Sturm calls “Groundhog Day” dynamics in which diversity initiatives generate temporary movement but fail to alter underlying structures. Third, meaningful transformation depends on trust, linked fate, stretch collaboration, and organizational catalysts that can create durable forms of shared inquiry and collective action.

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Institutions

Publication Details

Journal
Law & Society Review
Published
2026-06-16
DOI
https://doi.org/10.1017/lsr.2026.10103
Primary Topic
Political Philosophy and Ethics
Type
article
Field-Weighted Citation Impact
0.00
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article

Navigating history and paradox

Gerald Torres
Law & Society Review
Political Philosophy and Ethics
article

Navigating history and paradox

Gerald Torres
article en

Abstract

Abstract This essay assesses Susan Sturm’s What Might Be: Confronting Racism to Transform Our Institutions as a major contribution to Critical Race Theory, socio-legal theory, and the practice of institutional anti-racism. It argues that Sturm’s central achievement is to reframe anti-racism not as a discrete legal remedy or diversity initiative, but as a sustained institutional practice of navigating paradox. Drawing on Sturm’s earlier work on complex discrimination, the essay shows how her critique of formal adjudication and liability-centered antidiscrimination law develops into a broader theory of organizational transformation. Institutions, Sturm argues, are not race-neutral arenas; they reproduce racial hierarchy through norms, routines, role structures, and patterns of interaction that often appear ordinary or neutral. The essay emphasizes three linked dimensions of Sturm’s intervention. First, anti-racism requires working through contradictions rather than resolving them: race must be acknowledged because it is materially consequential, yet racial categories must also be destabilized because they help reproduce hierarchy. Second, institutions often become trapped in cycles of reform and retrenchment, producing what Sturm calls “Groundhog Day” dynamics in which diversity initiatives generate temporary movement but fail to alter underlying structures. Third, meaningful transformation depends on trust, linked fate, stretch collaboration, and organizational catalysts that can create durable forms of shared inquiry and collective action.

Law & Society Review
Yale University (US)
Reduced inequalities
Openalex Percentile: Top 2%
Political Philosophy and Ethics
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