Common themes that are characteristic of critical race theory, as documented by scholars such as Richard Delgado and Jean Stefancic, include:
Critique of liberalism: Critical race theory scholars question foundational liberal concepts such as Enlightenment rationalism, legal equality, and Constitutional neutrality, and challenge the incrementalist approach of traditional civil-rights discourse.[25] They favor a race-conscious approach to social transformation, critiquing liberal ideas such as affirmative action, color blindness, role modeling, or the merit principle[41] with an approach that relies more on political organizing, in contrast to liberalism's reliance on rights-based remedies.
Storytelling, counter-storytelling, and "naming one's own reality": The use of narrative (storytelling) to illuminate and explore lived experiences of racial oppression.[42] Bryan Brayboy has emphasized the epistemic importance of storytelling in Indigenous-American communities as superseding that of theory, and has proposed a Tribal Critical Race Theory (TribCrit).[43]
Revisionist interpretations of American civil rights law and progress: Criticism of civil-rights scholarship and anti-discrimination law, such as Brown v. Board of Education. Derrick Bell, one of CRT's founders, argues that civil-rights advances for black people coincided with the self-interest of white elitists. Likewise, Mary L. Dudziak performed extensive archival research in the U.S. Department of State and Department of Justice and concluded that U.S. government support for civil-rights legislation "was motivated in part by the concern that racial discrimination harmed the United States' foreign relations".[44]
Intersectional theory: The examination of race, sex, class, national origin, and sexual orientation, and how their combination (i.e., their intersections) plays out in various settings, e.g., how the needs of a Latina female are different from those of a black male and whose needs are the ones promoted.[45]
Standpoint epistemology: The view that a member of a minority has an authority and ability to speak about racism that members of other racial groups do not have, and that this can expose the racial neutrality of law as false.[1]
Essentialism vs. anti-essentialism: Delgado and Stefancic write, "Scholars who write about these issues are concerned with the appropriate unit for analysis: Is the black community one, or many, communities? Do middle- and working-class African-Americans have different interests and needs? Do all oppressed peoples have something in common?" This is a look at the ways that oppressed groups may share in their oppression but also have different needs and values that need to be looked at differently. It is a question of how groups can be essentialized or are unable to be essentialized.[46]
Structural determinism: Exploration of how "the structure of legal thought or culture influences its content", whereby a particular mode of thought or widely shared practice determines significant social outcomes, usually occurring without conscious knowledge. As such, theorists posit that our system cannot redress certain kinds of wrongs.[47]
Empathetic fallacy: Believing that one can change a narrative by offering an alternative narrative in hopes that the listener's empathy will quickly and reliably take over. Empathy is not enough to change racism as most people are not exposed to many people different from themselves and people mostly seek out information about their own culture and group.[48]
Non-white cultural nationalism/separatism: The exploration of more radical views that argue for separation and reparations as a form of foreign aid (including black nationalism).[42]