American University Law Review Volume 55 | Issue 2 Article 1 2005 Theorizing Agency Susan Carle Follow this and additional works at: http://digitalcommons.wcl.american.edu/aulr Part of the Agency Commons, Ethics and Professional Responsibility Commons, Legal History, Theory and Process Commons, and the Politics Commons Recommended Citation Carle, Susan. “Theorizing Agency.” American University Law Review 55, no.2 (December 2005): 307-387. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact
[email protected]. Theorizing Agency Abstract Progressive legal scholars today exhibit contrasting views on the scope of legal actors' agency in making "choices" about how to lead their lives. Feminist legal scholar Joan C. Williams, for example, challenges claims that women who leave the paid workforce to stay home with children have made a voluntary choice to take this path. Critical race scholar Ian Haney López, on the other hand, argues that the social construction of racial identity occurs precisely through the many voluntary choices members of both subordinated and dominant racial groups make about matters that implicate racial meanings. Williams contests the idea of voluntary choice; Haney López embraces it. These different viewpoints highlight the need for further work in legal theory on how to theorize human agency that is, the power of persons, at the individual or collective levels, to develop and achieve creative goals and to act effectively or bring about change within their the social environments in light of those goals.