Abstract
This article proposes an introduction of a critical anti-racist theory of law that can serve as an analytical model for the anti-racist struggle in the law field: the black insurgent law. In order to do so, there is a rescue, in general lines, of different reflections of anti-racist law found in the national theory, examining in which way it is in harmony or disharmony with the critique of law here defending and with a structural perspective of racism. By bringing the descolonial turn and the Marxist critique in intersectionality with the racial issue, it points to the tactical political uses of black insurgent law carried out by black popular movements and their other organizations. Thus, the reflections presented here, which incorporate a demanding-participatory character, propose a political agenda of action for social change, more specifically, an indication of how legal criticism can help to combat the structural racism of dependent capitalist society. As a conclusion, the proposal of a black insurgent law tries to present the Marxist-decolonial interpretive legacy on law, making it follow a repertoire of indications regarding its tactical uses, a theoretical solution to mediate between the critique of essence of law as a social form of capital and the need for its management under capitalist society.
Keywords:
Black insurgent law; Structural racism; Anti-racist law