Recently in Race Category

I want to announce that I've signed a book contract with Lexington Books, an imprint of Rowman & Littlefield Publishers, to publish a revised and expanded version of my dissertation. My current plan is to send them the manuscript by the end of April, followed by a review process and then revisions to be due by the end of June or early July, which they say will allow them to have it in print by December. The title (for now, although it might change) is A Realist Metaphysics of Race: A Context-Sensitive, Short-Term Retentionist, Long-Term Revisionist Account.

General Overview: There are three main metaphysical positions on race. Anti-realists deny that there are races. Natural-kind positions find sub-groups of homo sapiens with scientific importance and call them races. Social-kind views consider races to exist because of contingent social practices. I argue for a view closest to the third camp, with a few wrinkles. Three distinctives of my approach are:

(a) I self-consciously argue as an analytic metaphysician, taking this to be a work of applied metaphysics in the same sense that looking at questions regarding abortion, just war theory, or the ethics of lying count as applied ethics, and its relation to theoretical metaphysics (what is most commonly called metaphysics among analytic philosophers) is analogous to how applied ethics relates to ethical theory (e.g. utilitarian, deontological, virtue, natural law, or other theoretical approaches, which was what ethics was largely restricted to until the applied ethics revolution of the late 20th century). Part of my aim is to remove the bias against seeing this sort of subject as part of what metaphysicians should be doing.

(b) I argue that race is highly context-sensitive, in more ways than most race theorists mean when they speak of themselves as holding views they call contextualist.

(c) My overall conclusion by the end is that we should not abandon race-talk, race-theorizing, or race-classification, at least not in the short-term. We need to be able to speak of such social realities to address real racial problems. However, we ought to find ways to challenge some of the social forces that work to make racial groups racialized and to form the social realities that surround race, some of which are not the way we should want them to be.

Here is the chapter breakdown:

1. Natural Kinds and the Analogy of Species:

There's a debate in the philosophy of biology about whether species are natural kinds. This chapter looks closely at that debate to argue that it is meaningful to speak of natural kinds, although species are not natural kinds in the strong sense that Aristotle might have taken them to be.

2. Natural Kinds and Race

I look at three conceptions of race as what I call minimalist natural kinds, two from philosophers and one from biologists. Al three views have potential to pick out groups useful for categorizing people according to scientific purposes but all three have problems if we want to identify the groups they point to as the same groups that we ordinarily call races.

3. Classic Anti-Realism

I argue in this chapter against certain of the traditional anti-realist arguments (especially Naomi Zack and Kwame Anthony Appiah), especially emphasizing ordinary use (as opposed to the language of experts) and changes is race-language.

4. Glasgow's Revisionism

Joshua Glasgow develops an anti-realism that takes the groups we call races to exist as social constructions, but he doesn't think those groups should be called races. I resist his arguments and argue that some of his evidence actually support a social kind view like the one I end up adopting.

5. Social-Construction and Biological Constructionism

The contingency of the racial categories, the fact that arbitrary socially-determined facts determine the structure of racial classification, and the instability of racial categories are all good evidence that races are social constructions. I conclude that races are social kinds that take their basis in biologically-identified traits, but the selection of which biological traits we use to identify races are biologically-arbitrary.

6. Races and the Metaphysics of Objects and Groups

My view is that races exist as socially-constructed entities but that they might just as well have existed without being races. Social facts don't bring races into existence but rather make existing groups into races. This chapter looks to contemporary metaphysics to see arguments that nihilists and coincident-entity theorists might make against my view. I argue against those conceptions, but even if those views were correct, much of what I say would still follow.

7. Race and Context-Sensitivity

This chapter argues for context-sensitivity in racial constructions, with fluidity from one context to another even for the same person. Different factors might be relevant in different settings to change which racial labels might apply.This context-sensitivity is much more diverse in terms of ways of being context-sensitive than I find in most of the philosophy of race literature. The particular ways this works will support my eventual revisionism in the next chapter.

8. The Ethics of the Metaphysics of Race

Here I argue that we should use existing racial categories to identify problems within the social constructions of race, rather than seeking to eliminate the categories in any direct way, but we should also make efforts to change the conditions that generate those problematic elements, so we can retain only the unproblematic aspects, and some elements of racial identity-formation can be good.

9. Implicit Bias and the Argument for Elimination

Recent work in psychology and cognitive science shows that our patterns of forming race-judgments rely on a more general pattern in child development that leads to implicit racial bias of an invisible but harmful sort, even among people who are explicitly anti-racist in their reflective views. I argue that there is evidence in the psychology and cognitive science literature that shows that we need to retain our racial categories to address existing implicit bias, but there is also evidence that we should rethink how we speak of racial issues with small children, to reduce the perpetuation of implicit bias in further generations, and this result fits well with (and gives further details to flesh out) the conclusion of the previous chapter.

People With Blackness

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I've discovered the need to adopt a new way of speaking about people who are recently-descended from Africans. We've learned in the last couple decades that we ought to emphasize someone's personhood above any other characteristic, and thus it's thoroughly immoral to use any adjective in front of 'person'. We need to use predicate nouns instead. We no longer have sad people, for example. We simply have people with sadness. We no longer have short people. We have people with shortness. We don't want to define people with sadness as if their sadness is more important than their personhood, so we have a moral obligation to put the noun form after the word 'person'. Grammar does always indicate metaphysics, after all.

One sphere of language in which this lesson has never been properly applied is in the area of race. Why are we still talking about black people, for instance? Do we really want to define people solely in terms of their race? Do we really want to signal that their blackness is so central to who they are that we're going to pretend that people with blackness aren't people? If we call them black people, then we are treating their blackness as if it's a greater part of our conception of people with blackness than their personhood is. People with person-firstness have instructed us that we should never put disability-related adjectives in front of a noun or pronoun referring to a person, because we don't want them identified with that condition. But we've also learned from the same people that having a disability is not negative, which means this policy is not because disabilities are bad. Therefore, we ought to apply it to other cases when something is not bad but might wrongly be taken by someone to be bad, just as we would apply it to things that are genuinely bad. If race is not to be a negative, then I am not a white person. I'm a person with whiteness. It does make it a little awkward to speak of people with Asianness or people with Australian-first-people-ness (i.e. what used to be called aboriginalness). But it's worth the awkwardness of expression to avoid any chance of identifying them with the racial or ethnic group whose membership they possess.

Even worse, it's especially pernicious to say that someone is black (or African-American or whatever racial term we might choose). After all, using predicate adjectives amounts to making identity statements rather than merely ascribing a property to someone the way we would have thought that adjectives in English, even predicate adjectives, do. It's much more preferable to say that someone has blackness than to say that she is black. People aren't anything except persons. I'm not philosophical. I have philosophicalness. Glenn Beck is not unfair to his political adversaries. He has unfairness to the people who have political adversariness with him. President Obama is not bad at speaking without a teleprompter. He has badness at speaking without a teleprompter. I shouldn't say that I am Christian. I'm a person who has Christianity. I shouldn't be identified with my faith. I should claim, rather, to possess the entirety of Christianity, as if it belongs to me. We need to avoid identifying people with any property ascribed to them other than personhood. It's much better to say that they possess the entirety of the thing that formerly we would have used to describe them.

For more explanation, please see here (except you can ignore the sections explaining how people with blindness and people with deafness have offendedness at the obviously-correct way to refer to them, and you certainly shouldn't read person-with-autism Jim Sinclair's reasons for disliking person-first language).

The Philosophical Gourmet Report, which ranks philosophy programs and gives specific listings of which departments are strongest in which areas of philosophy, will be adding the category of philosophy of race in its upcoming revision, which will take place this fall. Brian Leiter, who organizes the Gourmet Report, posted a quote from philosopher Tommy Curry about this long-overdue change:

Black philosophy continues to be lured toward the approval of whites as if their standards and acceptance can/do accurately describe the merit of our work. We have seen this in the work of whites like Sullivan and Bernansconi [sic], and now have it yet again regarding Leiter. They take Black conversations, market them as "legitimate" and benefit from them by controlling the academic "rigor" of the discourse.

Shannon Sullivan writes about race as it has affected her as a white woman and reflects on the nature of whiteness as she's come to understand it through dialoguing with non-whites and through applying philosophical skills she's learned by practicing philosophy. The idea that this must be seen as an attempt to control blacks is ludicrous. Bernasconi's work, from what I've seen, also seems motivated by wanting to understand a legitimate philosophical topic of inquiry rather than any sense of whipping those black philosophers into conformity.

Philosophers working in the area of race have complained to Brian Leiter that he's ignored an important area of philosophy where much good work has been done, and so he's finally (years later than I would have liked) added it to his surveys of which departments are seen by those in the loop of philosophy of race to be good programs for that area of study. Surely many of the people who will be commenting on this will be non-white, even if there are some people working in the area who are white.

I'm not exactly Brian Leiter's biggest fan. We've each criticized the other both publicly and privately. But I can't fathom the claim that he's motivated by wanting to exert power over black philosophers in particular. Even if you thought he was using the Philosophy Gourmet Report to control the discipline or to promote himself (rather than the more charitable interpretation that he does it to help students find the programs best suited to them, which I think is his actual motivation), his goals wouldn't be to have white people controlling black people. They would be to have an in-group of philosophers controlling which departments get seen as the best. It is true that his advisory board, whose rankings determine the report's rankings, is a pretty white group, but philosophers as a whole are a pretty white group. At worst, you might accuse him of not being concerned enough to include non-white philosophers in his advisory board.

Now there's a claim in the general vicinity of what Curry is saying that I think is not so removed from reality, although I think it's also wrong if applied to undermine the work of whites on race issues or to claim that it's illegitimate for white philosophers to evaluate the work of black philosophers. That claim is that black philosophers can have conversations about issues affecting them that white people won't understand as well. This is true. There's a kind of epistemic privilege that comes from having experienced certain things, and being black in America does bring with it some experiences that white people don't understand as well. So some conversations among black philosophers will be harder for white philosophers to step into and participate in the same way or to evaluate as good or bad philosophy. Sure.

However, there are also experiences white people have in America that involved race that also bring something to the table that black philosophers have less ccess to. I'm not claiming this is symmetrical in terms of an equal number of experiences or similar kinds of experiences, but I am pointing out that any social location can involve experiences that only people in that social location can understand. Some of the experiences whites have blind them to certain racial issues, but some of the experiences blacks have can make them less sensitive to certain race issues as well. There are experiences that someone who is white who is heavily interwoven with black Americans will have that most blacks and whites will not have. (See here for much more argumentation in this direction.)

Despite all this, it simply isn't impossible for white philosophers to do good work contributing to discussions of race, and just about all non-white philosophers have recognized this. It simply isn't impossible for white philosophers to look at these discussions and form reasoned opinions about whose arguments are better than whose. It simply isn't impossible for white philosophers to get a sense from these discussions whose work is having the most influence and therefore whose work is seen by the participants in these discussions as the best work.

So the idea that a white or nearly-white advisory board can't evaluate the work of non-white philosophers or the work of philosophers on issues that have come out of black discussions is not, because of the facts about epistemic privilege, a complete non-starter. There may be additional difficulties in it than what you already have in evaluating the work of philosophy of religion when most of the reviewers pay no attention to that subject (as is certainly the case with the Gourmet Report advisory board in general). But they have ways of dealing with this. A good advisory board member who doesn't know philosophy of religion will presumably ask people they know who do it which philosophers or which departments are strongest in that area. So in the end I don't think even the more reasonable claim in the area of Curry's criticism can justify his resistance to this or to the work of white philosophers on issues related to race.

At least twice in the last few weeks I've come across someone claiming that the U.S. Supreme Court affirmed the one-drop rule in 1986. I was surprised, because shortly before the first time I saw this claim I'd come across someone else saying that the 1967 case Loving v. Virginia, which is best known for overturning Virginia's ban on interracial marriage, also declared the one-drop rule unconstitutional. So I eventually started looking into both claims. It turns out that the first is false, and the second is true. That is, the Supreme Court did overturn one-drop-rule style racial classification laws in 1967, and they did not affirm a one-drop-rule law in 1986.

What Chief Justice Earl Warren's opinion in Loving actually says in the main text is that racial classifications need to be subjected to the most rigid scrutiny, especially if they form the basis of some impact in a criminal proceeding. But this isn't a new judgment. It's a quotation of a previous decision. And it's not clear what the most rigid scruntiny is supposed to be or how it would apply to one-drop rule laws, and he never applies it to such laws. But he points out that the basis of the racial classifications used in the Virginia law were instituted specifically to preserve the conception of white purity advocated by the invidious discrimination of 1924 Virginia that was of a piece with the kind of segregation at odds with the Equal Protection clause of the 14th Amendment, and that can't stand up to the most rigid scrutiny.

It's not quite clear, however, until you get to footnote 11, which says that the racial-classification system of Virgina is "repugnant to the Fourteenth Amendment" (and therefore presumably unconstitutional, although he never explicitly says they're overturning that law too). Since this is the reasoning for the overturning of the interracial-marriage ban, and not some aside on a topic not necessary for guiding the current case, I think it does count as overturning one-drop rule laws, at least any justified on the basis of white supremacy or purity (as I'm sure all actual one-drop rule laws were). But I now understand how it can do that in a way that I didn't really notice before. The real work is done in a footnote.

But the first claim is simply false. What happened in 1985 was a case involving a Louisiana woman who had thought of herself as white all her life who then discovered that her birth certificate listed her parents as colored. Louisiana law, until 1983, had a 1/32 one-drop rule, which counted someone as colored for having one black ancestor out of 32 great-great-great grandparents. Her parents were classified as colored by that law. She herself actually didn't count as black by that law, since it was her great-great-great-great grandmother who was black. But her birth certificate listed her as colored because her parents were listed as colored on theirs. So it wasn't the one-drop rule law that led her to be classified as black on her birth certificate. It was the cultural practice among doctors and midwives of transferring the racial-classification of the parents to the child when both parents had the same classification. Her parents had never objected to their classifications, and corrections to birth certificates apparently had to come from the person whose birth certificate it is issuing a complaint and request for correction.

So the state court concluded that there was no legal justification for forcing the birth certificate office to issue corrected birth certificates. They then said that the repealed 1/32 one-drop rule law was not relevant, because midwives and doctors aren't subject to the prohibition on government employees' violation of the 14th Amendment, since they're not government employees. Finally, they said the one-drop rule laws involved with this did, by their judgment, violate the Constitution, but they were bound by Louisiana Supreme Court precedent on that question. None of their analysis depended on any stance on the one-drop rule law, which was no longer on the books at this time anyway and thus could not be overturned by a court in any direct way. The case apparently got appealed to the Supreme Court in 1986, and they opted not to hear it, but it seems crazy to me to take that as a sign that they would affirm a one-drop-rule law.

Swamp Rock

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An example I'm using in my dissertation is a modification of Donald Davidson's Swampman example, which is a standard enough example in philosophy to have its own Wikipedia entry.

The Wikipedia description of the Swampman example is as follows:

Suppose Davidson goes hiking in the swamp and is struck and killed by a lightning bolt. At the same time, nearby in the swamp another lightning bolt spontaneously rearranges a bunch of molecules such that, entirely by coincidence, they take on exactly the same form that Davidson's body had at the moment of his untimely death. This being, whom Davidson terms 'Swampman', has, of course, a brain which is structurally identical to that which Davidson had, and will thus, presumably, behave exactly as Davidson would have. He will walk out of the swamp, return to Davidson's office at Berkeley, and write the same essays he would have written; he will interact like an amicable person with all of Davidson's friends and family, and so forth.
My modification targets the view that being a member of a certain race requires having an ancestor of that race. Besides having an infinite regress problem (since races have to come into existence at some point), that view is at odds with what I think our intuitions would be with a Swampman-like case. Suppose an exact duplicate of Chris Rock were to appear out of nowhere, with no causal history and certainly no ancestry, never mind black ancestry. I think most people, even knowing this origin of the Chris Rock duplicate, would take the duplicate to be as black as Chris Rock. I've discussed this case with a lot of people, and almost everyone takes that to be the implication.

If that's right, then there can't be an ancestry requirement for race-membership, since the duplicate is black, and he's got no ancestors.

Incidently, my dissertation supervisor, in a parenthetical remark in the middle of an objection to this example, indicated that she thought my name for this example -- Swamp Rock -- was slightly offensive. I haven't had a chance to ask her about that, and I might not. I'm happy enough to change the name of the example or just not give it one. But I'm a little curious what led her to find it slightly offensive, unless it's something she sees offensive in the original name Davidson used. Is it that the name is all right until it gets applied to a black person, and then it's slightly offensive? If it had been someone named Dave Rock, who was white, and I was using it to show that the duplicate is white despite having no ancestors, would it be equally (i.e. still slightly) offensive?

The Other Race Effect

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I came across this article about a recent study done exploring the difficulty of recognizing differences among people of other racial groups. According to the author, Kate Shaw, this new study helps explain why it is that we have an easier time distinguishing people's faces when the people are from our own racial group. But from what she goes on to say about it, it does nothing of the sort.

What this study shows, if the research is accurate, is (1) the effect occurs and (2) there's a biological mechanism involved. They've identified, from having subjects look at faces, a tendency to have a harder time distinguishing differences among faces that belong to people who are members of a different race from the person doing the looking. They've also identified an electrical effect in the brain that, according to this article, is triggered by the sight of a human face. The effect decreases in subsequent viewings of the same face, and this is called repetition suppression. The repetition suppression effect occurred with faces of the same race but not with faces of another race.

But is this an explanation? Hardly. All it does is show that there is a neurological explanation. It shows that this effect occurs with same-race faces but not with other-race faces. It doesn't explain why that's true. It doesn't explain why the repetition suppression effect occurs with same-race faces but not with other-race faces. So it doesn't really explain why this biological response occurs, and therefore it doesn't explain, as this article was claiming, why we have an easier time distinguishing faces of people in our own race than with people of other races. For that we'd need an explanation of why this particular neurological effect, with certain repeated faces, decreases or why, with other faces, it doesn't. This study, at least from what I see in this article, hasn't even attempted to explain that, and that's the interesting question.

Tolkien and Mixed Race

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In a paragraph in my dissertation, I explain a (supposedly) pre-theoretical approach to mixed race that made sense to me when I was a kid. It seemed to me that a helpful way to explain what I would have thought (and what many Americans seem to me to think) is sort of parallel to the way Tolkien speaks of half-elves in his fictional world. In the process, I realized how Tolkien speaks of this is much more complicated than I'd though, and I couldn't in good conscience leave it the way I had initially stated it, so it led to a long clarificatory footnote that I thought a number of the readers of this blog might appreciate for its geekiness.

Here is the sentence in the text of my dissertation that led to this:

I confess that this is how I thought of these matters in my unreflective, supposedly-pretheoretical analysis of things in high school. I would have taken a Barack Obama to be half-black in the same way that I took Elrond in Tolkien's Lord of the Rings to be half-elf, his daughter Arwen to be three-quarters elf, and her children with Aragorn to be three-eighths elf.

I realized there was a complicating factor, though. Aragorn had an elvish ancestor as well, and I wanted to check to see how far back it was. In the process, I was reminded that Elrond himself wasn't the product of a full elf and a full human, and it led to a much longer and much geekier footnote than I ever expected to be putting into my dissertation, but it's hard to be fair to Tolkien without acknowledging this, and it turns out to illustrate a different phenomenon in how racial classification works in some places outside the U.S. Here is the footnote as it stands now:

Tolkien buffs may quibble here, and they would be right to, for two reasons. (1) Aragorn was the sixteenth in the line of Elros, Elrond's brother, and thus he himself has elvish ancestry, even if minuscule (I believe one over two the thirty-second power). (2) Elrond and Elros themselves weren't exactly half-elves to begin with. Their father was actually half-elf, and their mother was one-fourth human, one-eighth Maia (a kind of lesser angelic-like divinity), and five-eighths elf. That would make Elrond and Elros nine-sixteenths elf, three-eighths human, and one-sixteenth Maia. Arwen's son twenty-five sixty-fourths elf, by these measurements, not the three-eighths that would result if Elrond were literally half elf. But we get the language of half-elves for a number of Tolkien characters with mixed ancestry, regardless of actual percentages. What this suggests is that the culture of Tolkien's world seems to treat someone as half-elf for having any level of mixed ancestry, eschewing a one-drop rule in either direction but insisting on little expression of nuance or gradation among those labeled half-elves. This would presumably operate something like the label 'brown' in some Latin American and Caribbean countries, applying to anyone of mixed heritage regardless of the particular number of ancestors of each race.

This doesn't (at this point) make it into my dissertation, but compare Rowling's terminology in the Harry Potter books. There are two systems of classification, the one that is dominant until Voldemort's rise to power (and presumably again afterward) and the one operating during his reign of terror. In the method of classification that we learn throughout most of the series, someone with a magical parent and a Muggle parent is a half-blood. Harry's mother, Severus Snape, and Voldemort himself are half-bloods. Someone with no magical parentage but who has magic is called a Muggle-born. But in the generation after a half-blood, if the other parent is magical, there is no discussion of being a half-blood. Harry himself is never called a half-blood by anyone in the mainstream of wizarding society. There's no one-drop rule in either direction, but there's a sufficient-drop rule apparently, because once you get to three-fourths magical parentage you're no longer consider partial, and even if you have no magical parentage you're treated as magical in one sense. It's what you can do and not your parentage that makes the difference in terms of the law.

But then there's Voldemort's regime. Muggle-borns are Mudbloods by the pureblood mindset even before Voldemort's return to power, but once he takes control of things they simply become Muggles. They're assumed to have stolen their wands, because they're not magical. Half-bloods (other than Voldemort and Snape) are sometimes called Mudbloods, and Harry (who had a full magical parent and a Muggle-born magical parent) is considered a half-blood, because his mother was a Muggle.

There's something more like the one-drop rule operating here, although not quite. But neither of these systems of classification works out quite like Tolkien's. And keep in mind that elves in Tolkien don't think of humans as corrupting or impure. A half-elf can choose to be mortal or to be an elf in ways that don't involve just legal status. It affects whether they become mortal. Arwen, with much more elf ancestry than human, still could chose to become mortal. There's nothing parallel to that in Rowling's classifications. Perhaps if we had enough evidence for how half-orcs were classified (there are only a couple suggestions in Tolkien that there are such things but no clear cases where it's more than just simple one-human, one-orc parentage). If he treated three-fourths orcs as half-orcs in a case where the human is mixed with something seen as corrupting, we'd have a good test case for whether his principle would expand to other cases of mixing. But I know of nothing in his fictional world that gets any more complex than simple one-one mixing except when it comes to elves (and the one Maia in the line of Elrond).

Puzzling Reference to Sophists

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This is from Kwame Anthony Appiah's In My Father's House: Africa in the Philosophy of Culture, p.11:

...there are arguments in the works of the pre-Socratic Sophists to the effect that it is individual character and not skin color that determines a person's worth.

He has an endnote that deals entirely with the first half of this sentence, which was about Homer. He gives no source for this claim, and there's no other mention of anything remotely helpful in the context.

This is a little surprising to me, because the only Sophists I know of who we have any record of what they thought about ethics were Protagoras in his relativism and Antiphon in his egoistic nihilism. I wouldn't expect either to put forward such a view as a genuine moral truth, and the others we have any indication about (Gorgias, Thrasymachus, Callicles) seem to have been with Antiphon at least in terms of the basic view.

So does anyone know of any information that Appiah must be aware of that I'm not?

There's long been a narrative among haters of Justice Clarence Thomas that he's not very intelligent and just goes along with whatever Justice Antonin Scalia does. The reverse is actually closer to the truth (but not all that close). It was Thomas' outside-the-box thinking that got Scalia to rethink a lot of the assumptions in his legal philosophy, and he was far more willing to take less moderate positions because of Thomas than he had been before Thomas was on the Court.

I've sometimes wondered if it's some kind of residual racism that's driving this narrative, with the stereotype of lower intelligence driving people to assume that Thomas is likely the less intelligent of the two, and since they so often vote together....

But no one ever suspected such a thing of Justice Thurgood Marshall, even though he so often voted with Justice William Brennan, the leader of the liberal wing of the Court for decades. So it's not just plain assumptions about black Supreme Court justices not being able to be as smart as white ones. More likely it's an assumption that no black justice who thought carefully and honestly would come up with the positions Thomas holds. Since I know people who explicitly hold such a view (when the reality is that no careful, intellectually honest, and fully-informed person could hold that view), this is highly plausible to me.

What's ironic, besides the fact that Thomas influenced Scalia more than the other way around and that Thomas is widely-viewed by Court-watchers across the political spectrum as one of the most original thinkers on the Supreme Court in decades, is that it turns out Marshall and Brennan may have in fact had the relationship that so many have accused Thomas and Scalia of having. According to a new biography of Justice Brennan by authors generally favorable to him, Brennan didn't think all that highly of Marshall as a justice. It's not that he was unimpressed at his intelligence. Anything but. He was so thoroughly impressed at his work as the chief counsel of the NAACP that he had high expectations of Marshall as a justice, and he simply failed to live up to them, except on a few issues, largely because (on Brennan's account) Marshall just didn't maintain the interest in the issues to think independently and carefully about them, pretty much just going along with whatever Brennan said in the way that many have claimed Thomas does with Scalia.

It was a complete surprise to me to read about this, because Marshall has long been heralded as a champion for liberal causes on the Supreme Court in ways that none have gone since he and Brennan left the Court. Most of the liberals on the current Supreme Court are noticeably closer to the mainstream on several issues, including capital punishment, affirmative action, and the intersection of first-amendment religion and speech rights. The idea that he chose not to think on his own and just went along with Brennan most of the time doesn't fit with the usual narrative.

Shelby Steele is often derided as a black opponent of affirmative action. One particular criticism of him is that he takes views that further white privilege by denying its significance for affirmative action. If affirmative action can be justified in part because of the white privilege that continues even when outright attitudinal racism is absent or enough removed to be less noticeable, then those who resist it because it discriminates against white people are ignoring racial realities. I've seen people make such a criticism of Steele. It occurred to me while reading him again on this for the ethics class I'm teaching this summer that the criticism is entirely inapt.

Steele's view does not ignore white privilege. In fact, he doesn't accept the argument that affirmative action is bad because of its effect on whites. There are black conservatives whose criticism of affirmative action is merely the claim that it's reverse racism. Steele himself counters such a claim. He doesn't think that's sufficient grounds for opposing affirmative action. While his most famous treatment of this (and the only thing I've read by him on the subject, or on any subject for that matter) does not go into much detail on why he sees such arguments as wrongheaded, I think it's got to be that he simply acknowledges the existence of white privilege.

His moral argument against affirmative action ignores (rightly, in my view) how affirmative action affects white people, something it can do only if the negative effect on white people simply counters some of the white privilege that he insists does exist. Before he can offer his moderated view against affirmative action that takes its start only from negative effects on the underrepresented groups affirmative action is supposed to help, he first needs to resist the argument against affirmative action based on its supposed unfairness to white people. His main point is that affirmative action has negative effects on the very people it's supposed to help. As time goes on and the negative effects of racism and white privilege that affirmative action is supposed to counter are getting somewhat less, the negative effects start to increase. At some point (and he thinks we've passed that point), affirmative action becomes no longer worth it.

So it's hardly true that Shelby Steele has isolated himself from his fellow blacks to the point where he simply no longer sees white privilege. It's part of his argument for his moderated critique of affirmative action, based on its effects on those it's intended to help rather than its reverse racism, that white privilege still operates and that the initial justification for affirmative action is still present. He just thinks the negatives for its beneficiaries are stronger than the positives. There may be other legitimate criticisms of Steele, but I don't think it's fair to him to claim that he's ignoring white privilege and thereby furthering it. He's fully taking it into account. It's part of his reason for not making the reverse racism charge, and it's what makes his argument a weighing of positives vs. negatives rather than an in-principle resistance based on absolute moral claims.

Here's another one from Jonathan Glasgow that I'll just quote his own description of:

We are all simultaneously struck by an agent that causes us forget our systems of racial classification. Any time we start to racially classify ourselves, our cognitive apparatuses short-circuit. One hour later, cognition reverts to its pre-amnesiac state, and racial classification resumes.

(Again, as with several of these, if you think races don't exist, you'll say they continue not to exist through this. But this question is for those who think they do exist.)

Do races stop existing for that period of time and then come back into existence, or does something keep them in existence during the interim period? If so, what generates their existence?

Note: Some of these thought experiments are my own, and a number of them appear throughout the philosophical literature on race. Charles Mills was a source for some of them, I think. Sveral of them have come from Jonathan Glasgow, and a few are unique to him, so I should at least give some credit here for that. I've never seen this one in particular anywhere else. Given that I'm giving him credit in this post, I'll just quote his own description of the case:

Everyone above the age of ten months is being killed by a virus that itself will expire as soon as it kills the last person who is more than ten months old. In a furious effort as they await their doom, the remaining scientists devote themselves to finding a way to finding a device that can keep the infants alive until they are old enough to survive on their own. [Jonathan Glasgow, A Theory of Race, p.121]
Do races cease to exist upon such a disaster?

A friend of mine just brought this story to my attention. There are lots of interesting questions to ask about how the census keeps track of race, and this article brings out several of them.

There's no bi-racial or multi-racial category. There used to be no option at all for those who didn't identify as just one race. You had to pick one or leave it blank. In 2000 they added the option to check more than one box. You still can't say that you're bi-racial or multi-racial, though, meaning that you don't consider yourself fully any of the races you check. You have to be fully each of them or not at all.

Given that, we might expect what this article brings out. Some children of a black parent and a white parent end up checking just "black". Others end up checking both "black" and "white". I'm sure some just leave it blank. What interests me is the percentages who think the second option is legitimate. According to the numbers given in the article, 53% of white people say President Obama is mixed race, and only 24% say he's black. But the numbers go in the opposite direction from black respondents. 55% say he's black, and 34% say he's mixed.

One reason more black people say he's black and not mixed is that they see how others identify you as definitive of what race you are. Hence the quote from the woman who said that if you put a hoodie on Obama and had him walk down a dark street you'd get everyone saying he's black. It's been my experience that the one-drop rule, which classified someone as black just for having one relatively recent black ancestor, is far more strongly operative among black Americans than it is among white Americans, especially of my generation and younger. Sam once told me that she thinks this is because a lot of black Americans have more invested in the one-drop rule. If that's true, there's a real irony there, because the one-drop rule was developed in order to serve the interests of white segregationists.

I think part of what's going on here is that a lot of black Americans (and mixed-race Americans who, by their looks, will be classified as black) experience a reality of being treated a certain way, and this applies more because of how they look than because of what racial group their parents belong to. That leads them to conclude that the one-drop rule is still operating as strongly as it ever did. One very interesting item in this article is the guy who claims to be both black and white. He did check both boxes, and it's because he really does think of himself as fully both. Check out the responses in the comments on the BET reprinting of this article to see how strong the resistance among a lot of black people will be to such a claim.

Then a lot of white Americans do something very different. They want racial problems to be over. They want to be post-racial. So they're happy to mess with traditional ways of classifying people, especially if they see those as immoral. Those who are young enough and in certain parts of the country have been in more racially-enlightened spheres of influence where they've been taught to see race as less important, and thus care a lot less what race someone is, and that's led many of them not to have ever heard of the one-drop rule or seen anyone assuming such a thing. Their natural inclination is to see mixed-race people as mixed. They'd call Obama half-black, perhaps.

This includes me, and by "me" I mean my unreflective intuitions on these matters based purely on how I was raised and the environment I grew up in, i.e. how people around me classified people according to race. I grew up thinking the child of a black parent and a white parent would be half-black and half-white, just as Elrond in The Lord of the Rings is half-elf and half-human, his daughter Arwen is 3/4 elf and 1/4 human, and her son with Aragorn is 3/8 elf and 5/8 human. (That's actually ignoring Aragorn's way-back elvish ancestry through Elrond's half-elf brother, but that's so far back that it's negligible in comparison, and, for the record, shouldn't really count as incest either.)

I'd never heard of the one-drop rule or even seen any signs of anyone assuming it until I was in graduate school, and I was taught that this was the law in the South during segregation and is still how everyone thinks about race. (It's always interesting to be told how you think about race when it's obvious to you that the way of thinking is completely new to you.)

I've long known that I have heterodox views on race. People on both the left and the right have strongly disagreed with almost every substantive view I've ever taken on race. But here I'm not just talking about my own views. If the statistics given in the article are reliable at predicting what the views of Americans in general think (and you can see the Pew source here, which seems to me to say they are), then a majority of white people in this country and a strong enough minority of black people think that President Obama is not black but mixed race. That means the one-drop rule is at best not completely operative. This is with someone whose skin is dark enough that a lot of people still do just call him black, including himself. What would people say about a child of a black and a white parent whose skin is much lighter? I'd expect the numbers to be even more strongly in favor of "mixed" rather than "black".

But then the very same survey turned up only 1% of respondents choosing more than one race for themselves, while 16% of them indicated that they're of mixed race. Does that mean they're applying the one-drop rule to themselves but not to Obama? That would be weird. But all this really shows is that there seems to be a much higher chance of getting someone to self-identify as mixed than there is to get them to identify as a member of two different races.

Perhaps that's because, as I suggested at the beginning of this post, they tend to think checking off both boxes mean they're fully both, and they don't think of themselves as fully both but only part each. Perhaps it's not because they're inconsistently applying the one-drop rule to themselves but not to others. Perhaps it's just a function of the unavailability of a mixed category. But either way, I think it's pretty obvious that contextual factors, even slight differences in wording, can have a huge impact on how we think about racial classification. Most academics who discuss racial classification seem to me to underestimate how strong such effects are.

As to the question in the post title, the answer is "yes".

Suppose we finally reach a point where we don't treat races differently in any sense that matters. There's no more even unconscious discrimination. The structural barriers that in most contexts favor whites more than other races and some non-whites over other non-whites are gone, even those instances when no one intends to do harm. There are no more people who have negative attitudes toward people because of race. (So far this is all the same as #9.) Suppose further we have abandoned the use of racial terms, not just terms like 'race' but even terms like 'black', 'white', 'Asian', and so on.

If you don't think races exist now, you'll obviously not think they exist in such a circumstance. But if you think races exist now, will they still exist under such circumstances?

Suppose we finally reach a point where we don't treat races differently in any sense that matters. There's no more even unconscious discrimination. The structural barriers that favor whites more than other races and some non-whites over other non-whites, even when no one intends to do harm, are gone. There are no more people who have negative attitudes toward people because of race. Yet people continue to use racial terms the same way we continue to use ethnic terms (e.g. Italian) even when there's no prejudice or societal structures making things difficult for those ethnic groups.

If you don't think races exist now, you'll obviously not think they exist in such a circumstance. But if you think races exist now, will they still exist under such circumstances?

3/5 of a Person

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I recently encountered the claim (that I see often enough) that the U.S. Constitution defined slaves as 3/5 of a person. That claim is actually false. The Constitution did no such thing. What it did is count them as 3/5 toward representation, which was a compromise between those who didn't want them represented and those who thought they should count fully. Here is what the actual wording said:

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.

The wording actually assumes they are full persons. It distinguishes between the contribution to the census from free persons and the contribution from other persons. It's 3/5 of the number of other persons that gets added to the number of free persons. It's not that slaves are 3/5 of a person.

And for the record, it was those who opposed slavery who didn't want them counted and those who favored it who did, because counting them as full persons would mean more representation in Congress for their states (and yet the voting for those states wouldn't involve the slaves voting, of course, so it's even more influence for the slave-holders if they counted fully).

If we take the constitutional wording to imply that slaves were only viewed as 3/5 of a person, we should also conclude that abolitionists must not have thought slaves were real people, because they wanted them counted as zero, and slaveowners must have thought they were indeed real people, because they wanted them counted as full persons. It's not as if those who favored slavery were defining slaves as less than full persons. It was those who opposed slavery who didn't want their slaves counting toward representation when they didn't have representation who were behind this.

Interestingly, the roles had been reversed for the debate over an amendment on this for the Articles of Confederation, because that debate was over how much in taxes the states had to pay, where the non-slave states wanted slave states to pay more due to their higher population. You would have more success making that argument in this case, because at least the roles line up that way, but that would misunderstand what the issues were.

It had nothing to do with their actual view of the moral status or personhood status of slaves but was about how much political influence states would have, and the Articles of Confederation debate about the same exact issue had been about how much in taxes they would have to pay. Which issue it was about determined which stance each side took, and they completely reversed their positions when the issue changed to make the opposite view favor them. So there's simply no claiming that this was about defining the personhood of slaves or anything. It was simply about how to calculate populations for political results, and those who argued for each side compromised between counting them for certain purposes and not counting them for those purposes by proposing the 3/5 count.

There are plenty of things you might disagree with about how slaves were treated, and it is indeed unfair to be counted at all for representation but not being represented (but we do that with children still). Nevertheless, it's simply false that the Constitution defined them as 3/5 of a person, as if that judgment in particular reveals a view that slaves were viewed as not fully persons. It does no such thing, because it's not about that issue at all. To find evidence that people believed such a thing (and I'm not saying there is no such evidence), it doesn't do to cite what the Constitution says about this issue.

I received an email this week from someone who criticized some conservative responses to a Democratic talking point about the health insurance debate. Politicians often like to draw attention to real examples of people struggling with some issue in order to pull on the heart strings of their constituents, which can (a) serve to illustrate that there really is a problem, a problem their own proposal is supposed to address and (b) provide an emotionally-moving draw to get people to care about it more and perhaps mobilize them to help get it done.

I found an insightful analysis of this sort of thing in Aristotle's treatment of emotions in the Rhetoric. Aristotle points out at one point that this is perfectly fine, in the cases where (a) is basically true. Adding the emotional component is a good thing when you can draw the person in to something they already ought to be doing. On the other hand, when (a) involves some kind of false analogy, misleading facts about the case, or a proposal that wouldn't help or would cause other problems that the case obscures by distracting people away from them, then the emotional element is manipulation rather than illustration, deception toward the wrong result rather than motivation toward moral action.

Where you stand on such a question depends ultimately on whether you agree with President Obama's agenda and the health insurance proposals that Democrats have been putting forward. It's understandable that those who disagree are going to see such emotional appeals as mere emotional appeals that don't have any basis in the facts, and they'll try to find ways that the use of such cases by Democrats involve some kind of error or false statement. So should it be surprising if people like Glenn Beck, Rush Limbaugh, and Michelle Malkin dismiss an example of someone President Obama uses in this way? It shouldn't be, and you shouldn't attribute their motivations to anything other than their opposition to his proposal, because that's the simplest explanation, and it makes perfect sense given their views. This should be so even if you find their views loathsome, as many do.

[I should say, for the record, that I think it's crazy to put Michelle Malkin in the same category as Glenn Beck and Rush Limbaugh. She's purely a pundit. They're as much entertainers as political influencers, and they're both offensive in a much greater way than she could ever hope to be. She's much more inclined to focus on arguments than they are, and they're much more inclined to make fun of people.]

The email I received made a very different sort of claim. The author pointed out that the family in this particular case was black. That was the basis of his conclusion that they would not have made the same arguments if the family in question had been white. Actually, what he said is that they wouldn't have criticized a white southern family's situation in the same way. I'm not sure where the evidence for that is, and whether it's true is actually irrelevant. I'm pretty sure all three of them have criticized things this president has said about white people's cases, and there's no reason to think they wouldn't have in this case if it had been a different sort of family.

In any case, it was President Obama who chose this case, not them, and they were responding to it in exactly the way you'd expect given how I described the issue above, when I hadn't yet said anything about race. I have no idea about the details of this case, and I have no idea whether what any of them said is true. But I think it's terribly unreasonable to assume that this is purely because of race when those three have consistently criticized the President's statements about this issue in ways that make it utterly clear and public what their motivation is for such criticism. It has nothing to do with race. It's an ideological disagreement.

Consider a man named Jim in the 1960s who does what people sometimes call "passing for white". His family is black, but there's enough white ancestry for him to appear white. Someone looking at him without knowing his family would think he's white. He talks in a way that no one would know his family is black. His employers would never discriminate against him because of his being black, even if they normally did such a thing, because they wouldn't know that he is black.

Jim decides to apply for college late in life, after the civil rights era is long over. There's a checkbox to indicate if he is black, which will be used for affirmative action purposes. Some people think affirmative action is immoral, and some people think it's immoral to ask or report one's race. Ignore those issues for this example, since what I want to get at is a different issue, and I don't want those as distractions. Assuming people should normally report their race accurately on such forms, should he check the box indicating that he is black? If you think he is black-passing-as-white, but you think he shouldn't check the box, exactly why is that (because it seems as if such an action constitutes a lie)?

Now consider a man in our day named Tom who has three white grandparents. His fourth grandparent is Jim. So he has two great-grandparents who are indisputably black and a grandparent who many people would consider black-passing-as-white. But Tom grew up in a white suburb in a family considered by everyone around them to be white, and almost no one he comes into contact with ever learns of or suspects that he has pretty recent black ancestors.

Tom applies for college. Again, ignoring issues about the moral status of affirmative action and assuming people should normally report the race on such forms, should Tom check the box indicating that he is black, knowing that it will qualify him for affirmative action? If not, but Jim should, what is the difference between the two that justifies a different moral result? If you think they both should not check it, is it for the same reason in both cases?

Race Thought Experiment #7

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If a couple in Africa with no European ancestry somehow naturally conceived and gave birth to someone who grew up to look just like Sarah Michelle (Gellar) Prinze, would she be white? If a couple in Norway with no recent African ancestry naturally conceived and gave birth to a child who grew up to look just like James Earl Jones, would the child be black? If you think the cases aren't parallel, and one is yes but the other no, why is that?

Race Thought Experiment #6

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In C.S. Lewis' The Magician's Nephew, Aslan modifies a normal horse to make him a talking horse and then later gives him wings and makes him a flying, talking horse. What if he transformed him further so that he looked and acted just like a human? Would he be a horse still? Would he be human?

Race Thought Experiment #5

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If God miraculously modified a chicken to make it lay walnuts instead of eggs, and those walnuts grew into what looked like normal walnut trees, would you think the offspring was a chicken?

Update: It occurs to me that the second question I asked is really a separate issue, so I'll save that for post #6.

Race Thought Experiment #4

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What if God created the universe not with the slow development most of us believe to have happened and even without the "memories" of such a slow development? Yet on the surface people look like what they look like in the actual world, and they relate to each other socially in the same ways. They just don't have the long history we have, and they don't have false memories of such a history either.

Would there be any races? If there are, would they be the same groups as or very similar groups to our races (i.e. would the lines of demarcation for races be the same as what they now are)?

Race Thought Experiment #3

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If God created the universe not with the slow development most of us believe to have happened but pretty much as it is now, with all the "memories" and seeming causes that give signs of the past, would the racial groups we now identify still count as races? Would they be the same groups (i.e. would the lines of demarcation for races be the same as what they now are)?

Senator Harry Reid (D-NV) has come under fire for some race-related comments he made a while back about President Obama's election that have recently come to light:

He [Reid] was wowed by Obama's oratorical gifts and believed that the country was ready to embrace a black presidential candidate, especially one such as Obama -- a 'light-skinned' African American 'with no Negro dialect, unless he wanted to have one,'

I wouldn't say that there's no problem with Reid's words, but I'm wondering how it amounts to what a lot of critics have been saying. The comments from a number of politicians make fascinating reading. Republicans want to say that the remarks are racist or at least inappropriate, and they point to a double standard by Democrats, who find little problem with Reid but were calling for Trent Lott's resignation for speaking off-the-cuff at a birthday party for Senator Strom Thurmond (R-SC) to say that if he'd been elected president we wouldn't have some of the problems we have. Of course, the same could be said for those who defended Lott but have now attacked Reid.

What Trent Lott said was totally unproblematic in its actual content. It's the context that made people think he meant something more. He was talking about someone who has long been hailed as a stalwart conservative, and if he'd been president we surely would have had more conservative policies than the ones we actually got with President Truman. So a conservative senator could indeed have said what he said and not meant anything even racially-related.

But he was also talking about someone with a history of supporting segregation, who was actually running with a segregationist party on the occasion Lott was referring to. He was speaking at an event in the South, and there were almost certainly people present who fully agreed with Thurmond's former views who would have heard such a statement as support for such views. I doubt Lott was even thinking of that. He was probably just trying to be nice to a very elderly colleague celebrating a birthday, and I find it unlikely that the racial issue was even on his mind. It doesn't amount to racism, but it amounts to racial insensitivity and ignorance, and it perpetuates patterns of such behavior that are worth calling attention to and seeking to undermine. So I do think it was good for people to call attention to it, even if it does seem a bit much to me to insist that he resign from a Senate leadership position over it.

On the other hand, Harry Reid's problem is not in the content of what he said but in his choice of actual words. What he said is actually either true or at least certainly arguably so. He made two claims: (1) that Obama couldn't have been elected as easily if he seemed "more black" to more people and (2) the reason he seems "less black" to some people is that he has lighter skin and doesn't naturally speak the way a lot of black people do.

The second claim is certainly true. Linguists study the language patterns of sub-communities with particular dialects, and one common dialect occurs among black people across the country, with similar traits no matter what part of the country they're in. This isn't another language. It's English. But it has some different grammatical rules and pronunciations from standard American English. It's usually associated with inner city or poor and very rural blacks. A lot of black Americans speak more standard English most of the time and occasionally take on an affect of what some linguists call Black English. The rest of the time their grammar and pronunciation are pretty standard. There is also a southern-like element to some word pronunciations for a lot of black Americans even if they don't ever use the dialectical elements unique to Black English, and this is true no matter what region of the country the person is from. That accent is sometimes detectable over the phone, and people often associate it with race, sometimes looking down on people for speaking that way. This is all just a matter of linguistic and sociological fact. Acknowledging it is neither racist nor succumbing to pressure to cater to racists. Knowing the facts about how race works in this country does not amount to liking those facts or wanting them to be that way. It seems to me to be simply true that President Obama does not speak the way a lot of people who have negative stereotypes about how black people speak would expect a black man to speak, except when he chooses to do so.

As for the first claim, I think it's at least arguable that Obama would have had a harder time getting elected if people with negative stereotypes about black people had seen him as "more black". With a white mother, lighter than average skin for a black man, and speech patterns that are more ambiguous, a lot of people who might hesitate to identify with him could more easily do so. A lot of people who might have a harder time respecting him might more easily do so. I don't want to minimize how far this country has come with race in being able to elect him. Nevertheless, interviews showed that people with racial animus or some resistance to voting for a black candidate were able to pull the lever for Obama. One possible explanation that's certainly not obviously false is that they saw him as "less black". Would someone who looks and talks like Chris Rock have as easy a time getting elected president? I don't think so. Could someone who looks and talks like Chris Rock do it? Maybe. I'm not as sure as Reid. But the claim he was making doesn't seem ridiculous. I've heard a number of black academics make exactly that claim in meetings at the American Philosophical Association where his becoming president has come up.

The only thing I see that's seriously wrong with Reid's statement is the expression "Negro dialect". I haven't encountered that exact expression before ever, but I suspect it's a relic of Reid's growing up with "Negro" as the preferred term for black people, and he's not so heavily involved with the black community or racial issues to have gotten the immediate sense of its inappropriateness the way anyone with any racial sensitivity nowadays would have. So, like Lott, it shows that he's racially out of touch. It's not about referencing a racist or racially-harmful ideology as good, which I think Lott did unintentionally and lots of people claimed he did intentionally. It's about overt language that's usually offensive nowadays but used to be fine. The result is the same, though. He showed some racial insensitivity, even if the Democrats defending him are right that he's voted the right way all along. Voting the right way is compatible with being extremely insensitive. Democrats generally take Ted Kennedy to have voted the right way with women's issues, but there's no arguing that his attitude toward women was always wonderful. The same goes for Bill Clinton.

So that makes me conclude the following two things. First, the nature of the offense is different in the two cases. One involves overt language without ill intent in one case and potential implicatures that probably weren't but could have been meant in the other. Second, the real problem this analysis reveals is that both senators showed serious insensitivity and ignorance about race issues. So I do wonder if calls for Lott to resign should consistently be made against Reid and if those who thought Lott's statement shouldn't require a resignation should apply the same reasoning to Reid. I don't think either requires a resignation, but both should lead us to consider how ignorant and insensitive those who lead us are about race issues, and the most important fact about racial ignorance is that it's an unknown unknown. You don't know you have it until someone points it out. We should use moments like this to raise understanding to a higher level, not for political points or to try to remove someone in an influential position from that position merely because the person's ignorance is now known (as if the ones who haven't happened to reveal it are just fine). I'm therefore much more inclined to direct my criticism to those who don't recognize the parity between these cases than I am to direct it toward the two senators in question.

Race Thought Experiment #2

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If someone appeared out of nowhere who was an exact duplicate of Chris Rock, would he be black? Would he be a memer of the same race as Chris Rock? Why or why not?

Would you say the same if it was a duplicate of Britney Spears? Would her duplicate be white? Why or why not?

Would a duplicate of Dwayne Johnson have the same racial status (whatever you think that is) as Dwayne Johnson? Why or why not?

If you answer any of these questions differently, what makes the difference between the different cases and why would that be?

If some really smart aliens contaminated the world's water supply with some powerful transformative agent so that within three months everyone would come to look just like Chris Rock, would there be any races left (or maybe just one)? Would it still make sense to say that I'm white? Would I be black?

How should you change any of your answers if everyone was made to look like Britney Spears? Dwayne Johnson?

President Obama is putting aside politics-as-usual to honor a black Republican former senator today. Edward Brooke was the first popularly-elected black Senator (Reconstruction doesn't count) and the only black Senator since Reconstruction from a state other than Illinois (the others have been Carol Mosely-Braun, Barack Obama, and Roland Burris). He was elected as a black Republican in an overwhelmingly white and overwhelmingly Democratic state and was reelected to a second term, allowing him to serve in the Senate for over a decade. Today he's receiving the Congressional Gold Medal.

Redistricting in favor of majority-black districts has effectively created an environment that makes black senators much more rare than we would expect, since it tends to produce candidates who are focused on issues that energize black voters but who seem out of the mainstream enough to be much harder to win elections in statewide races. Democratic redistricting that relies on artificial lines to ensure majority black districts has ironically made it much more difficult for black politicians who are more electable statewide (and thus get into the Senate) from getting into the positions that very much help you to make such a statewide run. I've even seen conservative pundits (e.g. Abigail Thernstrom) claim that Republicans have gone along with this kind of gerrymandering because they knew it would ultimately favor their own party.

See Nate Silver's Why Are There No Black Senators? for a more substantial argument for the claim that gerrymandering of this sort is counterproductive to racial progress in the U.S. Senate. I think he's right.

It occurred to me while teaching Nietzsche yesterday that the use of Nietzsche to motivate antisemitism by the Nazi regime is pretty much the opposite of contemporary antisemitism, at least in one key respect. Hitler's use of Nietzsche capitalized on the idea of Jewish inferiority. If it's perfectly fine for the strong to trample the weak, then all it takes is finding a group that can be taken to be weak, and then you can trample away.

The problem Nietzsche would have is that you can't really demonstrate that Jews are the weak. In fact, the history of Jews in the United States seems to demonstrate otherwise. Before Hitler's time, Jews in the United States tended to do worse on IQ tests than the majority population. After WWII, they tended to do noticeably higher than average. The best explanation for that seems to be that Jews were sidelined more often and had become mainstreamed in a way that allowed them to develop the cognitive skills that they already had potential for but hadn't been developing as strongly. Even with the problems in using IQ tests to identify intelligence plain-and-simple, it's certainly true that there are skills that IQ tests measure, and the Nazis would have been happy to accept IQ scores anyway. So it seems as if the facts are just against their claim.

Contemporary antisemitism has to take a different stance. Not only is it ludicrous to take Jews to be inferior in terms of any important skill set for success in life, but Jews have in fact been much more successful in most of the ways people who make such judgments would actually care about than the average for the non-Jewish population. So the narrative is no longer that Jews are inferior and thus need to be trampled because of some Nietzschean mission to lift oneself up by taking advantage of the weak. Now it's almost a reversal. Jews have assumed control of society in some massive conspiracy, and the rest of us are the victims who need to resist the collective strength of the Jewish conspiracy.

Now I guess the two views are compatible. Someone could think that Jewish success is merely due to conspiratorial measures implemented by idiots who succeed only because a few of the relatively smart ones have gotten enough Jews into influential positions to prevent anyone from overcoming their collective strength. But I don't think the idea of Jewish inferiority among such conspiracy theorists is really about intellectual inferiority anymore. It's not clear to me exactly what kind of inferiority it's supposed to be, though. It clearly has some normative element, but I'm not sure it's even thought-out enough for there to be a real answer to that question.

Last night I was catching up on PEA Soup, and this excellent post by Jussi Suikkanen caught my attention. It's about the harm of rape (in particular of men raping women), not just to the woman being raped or even to all women but even to all men, including the rapist himself. One thing I appreciate about the post is a pretty clear listing of ways that rape causes harm in a much broader way in society than it might seem if you just focus on the act of rape itself.

One key element is missing, though. The most significant way that a man harms himself by raping a woman is the harm caused to himself merely by doing such an immoral thing. By committing such a terrible act, he diminishes his well-being in unmeasurable ways. A crucial element of experiencing the good of this life is being a good person. Without good moral character expressed through good actions, no one can live the best life available to us in this life. It would be much better to lack all the kinds of goods that Suikkanen focuses on if having them meant being an evil person.

On a different note, I want to affirm Suikkanen's overall point and expand it a bit. I appreciate Suikkanen's resistance to the common treatment among some feminists of rape as a zero-sum game that sets up social structures to benefit men at women's expense. I have similar resistance to the parallel reasoning that treats anti-black racism as benefiting white people at the expense of black people. There certainly are social structures that harm black people in ways that few white people experience. If you want to call this white privilege, I have no objection to that, as long as it's clear that the racist structure isn't giving whites a boost. Even if there's some boost from it in one respect, the harm to everyone from the existence of such racist structures has become so obvious to me that I can't see privilege of this sort as a real privilege.

If I have an easier time getting a certain kind of job compared with black applicants because of unconscious anti-black bias on the part of the hiring committee (e.g. they have lower expectations for black applicants without having an explicit view that black people are less intelligent or less capable), then I guess there's some sense in which I can benefit from white privilege. But the existence of that sort of privilege is itself a negative, not just for the black people who have a harder time getting a job because of it. It's a harm to me too (and not just because my wife is white and my kids mixed race). It's a harm because it diminishes my interaction with those who might resent me because of my race. It's a harm because the kinds of cooperation and mutual trust among members of the same society is weakened. It's a harm because it makes it takes more work and more thought to be a good person with respect to those of other races. It's a harm because "keeping blacks down" in any sense and to any degree will weaken the good contributions of black people to society as a whole, of which I'm a part. Much will slip through (e.g. much of what some call "white culture" has been so strongly influenced by black culture over more than a century of mass media that has included black entertainers that there's really no such thing as white culture). But the fact that it's still seen as "white culture" and therefore "other" by many black Americans is not just unfortunate for people who have that attitude but for the enrichment of all Americans. I could go on and on.

This is at least one reason for resisting the narrative that paints white privilege as almost a conscious cause of all structural and institutional racism in society. It's common, especially among this influenced by Marxian analyses, to think of power structures in society that perpetuate themselves. I have no problem with this. It seems obvious to me on reflection that there are such self-perpetuating structures. The key objection I have is that many who hold such a view attribute a rational character to these structures, as if white privilege is perpetuated by deliberate choices by those in power (which in this case might not just be heads of corporations or politicians but in some cases might be every white person who benefits), with the goal simply of maintaining that power.

This was true enough with Jim Crow, and it makes the best sense of some really crazy historical moments (like the Supreme Court definition of Mexicans as white that allowed systematic exlusion of Mexican-Americans from juries even though it was already accepted as unconstitutional to exclude blacks from juries systematically). But does it explain why generational welfare inheritance is more common among blacks than whites? Did the white liberals who concocted welfare intend it to be a way to keep black people dependent on the government in order to preserve white privilege? Even my most cynical moments don't go that far. (They only go as far as suspecting that politicians knowingly put band-aids on problems that they know will not solve them in order to appear to be doing something, but the goal there isn't to keep black people down and preserve white privilege but rather a very different selfish motive -- an individual motive to maintain one's political position, completely independently of race.)

Most of the time I'm not so jaded about people's motivations, though. Welfare was never really seen as a political move to try to gain points while doing nothing. Most supporters of particular welfare policies have genuinely seen it to be a good thing, something to help those who are less fortunate and could use a leg up. It wasn't until the Clinton-Gingrich welfare reform that we had a distinction between (1) those who rely on welfare because they can't work or are temporarily needing assistance while they seek a job or seek education for a job and (2) those who seek assistance merely to avoid working. That welfare reform brough some problems with it, but it fixed something the original creation of welfare created that was probably unintentional but was an unfortunate consequence. When welfare was massively expanded in the 1960s in a way that got self-sufficient black Americans to become generationally dependent on welfare, which in turn caused many of the more serious inner city problems in many predominantly-black neighborhoods, I don't think many if any of its original supporters had any clue what kind of serious consequences the program would lead to. They just rightly saw that some people in need would be helped (and probably wrongly saw that some who didn't need help should be ushered into that help as well).

There's no need to impugn the motives of such people. But I think it's that kind of inference that the usual narrative of white privilege often involves. It doesn't follow from the facts about how these self-perpetuating social structures work, even apart from its dependence on false judgments about harm and benefit.

The following two claims are clearly and obviously compatible:

(1) There are people who oppose President Obama and everything he does, in part because they can't stand the idea of a black president.
(2) The vast majority of opposition to President Obama's policies is because people simply oppose his policies.

I'm not entirely sure why so many people, including a former President of the United States and the current Speaker of the House, should think the first fact implies the denial of the second.

I've long argued that it's counter-productive for those who oppose racism to throw racism charges around when there's no good evidence of racism, especially when there's plenty of reason against it. If a particular racism charge is incorrect, it does no good to make it and causes much harm. People who regularly get accused of racism when they know full well that it's not remotely true are right to get upset and to think those who are making the charge have no good reasons to make it. They will tend to assume, then, that whenever there's a racism charge it must be manufactured. They'll be likely to think genuine charges of racism are similarly invented. They'll think we've moved beyond racism and that we no longer need to worry about racial problems.

This is in fact what many conservatives have wrongly concluded from the election of President Obama. If Democratic leaders insist on making obviously false charges of racism against a very large group of people (those who oppose the president's policies, when something like 46% of voters voted against him), it won't be surprising if it just feeds into the false picture many are trying to present that there's no more racism to fight against except the racism of the left accusing so many white people of being racists merely because they happen to be white but oppose someone who happens to be black. In other words, it feeds into the false narrative that the only racism that remains is anti-white racism.

People who voted for President Obama who have since decided that they did not get what they thought they were going to get (as is true of many of the protesters) are not the sort of racist who will oppose him for his being black, no matter what he does. Yet that's exactly what's being claimed by President Carter and Speaker Pelosi.

There are plenty of people who would oppose anyone who would expand the federal government at such massive levels and at a cost that will be impossible to pay for who then attempts to transform the health insurance industry in significant ways that will have unpredictable effects while denying that the effects reasonable people might worry about are at all possible. Yet President Carter and Speaker Pelosi are again insistent that there cannot be such people, because the only motivation anyone could possibly have for resisting such a reworking of the private enterprise of health insurance is because of racist opposition to the person proposing it, who happens to be black.

Sotomayor on Race

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I've been minimizing the discussion of race in my most recent posts about Judge Sotomayor's cases and statements about race, because I wanted to treat those issues together in one place, and it does involve both her speeches and her decisions, which would have required splitting up the discussion if I included it in those posts. So here are some thoughts on her speeches, judicial decisions, and recent statements about race and related issues.

As I've said before, I don't think there's any problem with thinking different people bring different things to interpretation of the law, and I don't think ethnic and racial differences are exempt from this. Someone who has been followed around in the store because of race understands discrimination and racism in different ways from how I do, since that hasn't happened to me that I'm aware of (and it hasn't happened to Sam when I've been around). But to assume that such a person will be a better judge goes too far, and that's exactly what the Sotomayor of the speeches claimed, even if she distanced herself from this in her testimony. What's odd about that is that she seems obviously right about some of the things she distanced herself from and yet wasn't willing to defend herself despite several senators attempting to do so.

There are ways she understands race and racism better than I do, because she's experienced it more from the perspective of someone being discriminated against or who has been followed around in a store. That might impact judging, because it allows someone to have a better understanding than someone who hasn't experienced such things. But what isn't often acknowledged by those making this point is that there are ways I understand racism and discrimination that someone who has more often been discriminated against might not understand. (I've made this kind of point before in a different context here.) For one thing, I've been around white people sometimes when no black people are around, and I know what white people talk about when only white people are around (it usually has nothing to do with race, but occasionally I have heard white people tell racist jokes and such things that they wouldn't say if they thought a black person might overhear). That's part of my experience, and it affects how I see racism and discrimination. Someone who is not white doesn't have that experience and has no first-hand knowledge of such facts.

I also have a third kind of experience from being in a mixed-race family, which includes experiences that most people of only one race don't have. For example, most same-race couples aren't going to have grocery store clerks assume they're not with each other. Most white people don't have family who aren't white, and thus they lack experiences of non-whites that I might have some understanding of. They don't have much experience attending black churches as family of one of the pastors, for instance. There are certain racial experiences that some white people can have that most white people don't have. That makes it hard to assume certain experiences just because of someone's race, which her statement does.

Which set of facts makes someone a better judge? The answer is neither. Both sets of facts could inform judges more about what our society is like, and a good, well-informed judge would welcome both sets of data. So I don't find her claim problematic when she says that a Latina judge's experience would provide experience relevant to judging and thus improve her judging in some ways from what it might otherwise be. I would also go as far as saying that, when a certain qualified judge comes from an underrepresented background, that background is likely to increase the quality of judging by adding the experiences of that underrepresented group to the data set the judges will consider. So having more Latina judges will make the judiciary better in one respect as compared with having one more white man on the judiciary, whose experiences may not (at least insofar as the person is a white man) add any further diversity to the pool of relevant experiences to inform interpretation of the facts that judges will hear.

But I don't think it follows that a Latina judge will be a better judge as an individual than a white man, merely because she is Latina, even holding all other things constant. That's what Sotomayor's statement actually says. I do find that inference troubling.

One of the problems with Facebook's latest version is that it's no longer possible to import blog posts and keep them comment-free while directing comments to the actual blog. So I've got Facebook friends who comment in Facebook on my blog posts, and those comment threads never appear on my actual blog. One recent comment thread on the Facebook import of this post led to my observing something that hadn't occurred to me before about some of the strange new dynamics of developments in how affirmative action is practiced.

There's an interesting phenomenon now of colleges having higher standards for Asian applicants than they do for white applicants in order to keep the numbers closer to where they want them to be. The diversity argument for affirmative action is now being used to justify discrimination against Asians. Since the diversity argument is the only one the Supreme Court has been willing to recognize as constitutional, none of the other arguments for affirmative action can be used to make this unconstitutional (e.g. remedying past discrimination, counterbalancing current discrimination at other levels of society, reparations for past mistreatment). That makes this perfectly constitutional in its justification, as far as the Supreme Court is concerned.

But I'm wondering if it's against the spirit of the Supreme Court's official stance. The diversity justification is supposed to support the favoring of sufficient diversity in the academic environment, not to ensure exact representation of each group according to any prejudged percentages. Unless the number of Asian students at the higher levels of higher education is so high that it's hindering diversity, I suspect the architects of current case law (Justices O'Connor and Breyer) would frown on admitting Asians at lower rates. It might look a lot more like the quota system that the Supreme Court has declared unconstitutional rather than giving underrepresented groups a leg up to make sure they have a seat at the table. They're already doing that with non-Asian non-white groups, and it's not as if whites need a leg up to have a seat at the table.

I'm thinking the same thing is true about the schools that are lowering standards to admit more male students, given that women are becoming a noticeable majority in higher education. It's not as if men are in danger of losing a seat at the table or as if diversity is really threatened at this point by some lower numbers of men in higher education. This seems to be motivated by a desire to have the number of each sex be closer to their representation in society at large. Doesn't that seem to be the spirit of quotas that the Supreme Court has consistently affirmed as unconstitutional? I'm pretty sure at least six of the current members of the Supreme Court would take that view, given what I've seen from them on previous opinions. But I've never heard of anyone even suggesting that someone initiate a lawsuit to challenge these practices on these grounds.

I came across a pretty good discussion of several of the bad arguments for and against Judge Sotomayor's nomination by Jonathan Turley. I recommend the whole thing, but one statement by him got my attention.

He says something that led me to compare an interesting phenomenon that arises with both Justice Thomas and Judge Sotomayor involving race. There are those who are happy that Judge Sotomayor is a Latina and will support her nomination for that reason alone, ignoring anything else. Then there are those on the left like Turley who would have preferred someone with more intellectual heft. On the right, there are those like me who are happy enough that Obama has nominated someone who by most reports will do little to move the Court to the left from where it currently is (and on some issues may well move it somewhat to the right, although on some issues we don't have any clue, and she could be far left for all we know). Then there are those on the right who have also pointed out that she's gotten some negative reviews in terms of her intellect, claiming that she's an affirmative action pick who is being chosen not because she's qualified but because she's Latina, sometimes even with the suggestion that she's unqualified.

So on both sides of the political spectrum we get objections that she's not an intellectual heavyweight. Turley is right to point out that this is not the same as saying she's stupid, as some have claimed these critics to be saying. Maybe some of them are, but Turley thinks she's quite smart but just not an intellectual heavyweight whose depth of understanding of the law and the historical background of the legal questions would shift legal opinion in significant ways, e.g. as Justice Scalia has done on the right and as Justice Brennan did on the left in the latter half of the 20th century. Such a statement is consistent with recognizing her intelligence as pretty high.

Then there's a third category. There are those who claim the statements about her intelligence are due to racism. She's Latina, so they must be assuming she's dumb. You find this on the right too, particularly when people criticize Justice Thomas. Senator Harry Reid, for instance, despite admitting to never having read an opinion by Jusice Thomas, was happy to spout off the general wisdom of the left that his opinions aren't very well-written, and I regularly see and hear comments about how he's not all that smart and just looks to Justice Scalia for guidance about what to do. Anyone who has spent much time looking at his opinions and anyone who has heard him speak would never hesitate to consider him to be a pretty intelligent person.

So what about the racist charge? Is it racist to say that someone is dumb when the person happens to be non-white? Of course not. Your reasons for thinking someone is unintelligent may be despite great reluctance to say such a thing of a non-white person in the public eye. You might genuinely think the evidence supports it, or you may trust the opinion of someone else who reported to you that someone is unintelligent. I think it's pretty immoral to call someone a racist merely because they happen to think someone who is non-white isn't very bright. There are, after all, people who aren't white who aren't that bright. I've tutored for some of the athletic teams at my university. Some of the students on those teams are very good academically, and others should never have made it into college. Some of those who never should have been accepted happen not to be white. They struggle to understand pretty basic philosophical concepts that most freshmen pick up pretty readily. It's racist to assume someone is dumb just because the person is black or Hispanic, but it isn't racist to conclude that someone who happens to be black or Hispanic is of low intelligence after becoming aware of actual evidence that the person is of low intellifence.

Nevertheless, I think there's something that these critics have right. I think there's a very strong presumption in individual cases of not accusing someone of wrongdoing or evil motives when there isn't strong evidence that they are ill-intentioned or doing wrong. Therefore, I think it's wrong to throw around racism charges for everyone who, for all you know, might be operating based on racist assumptions. Racist assumptions would explain how someone might conclude that someone who managed to graduate top of her class at Princeton University might be stupid. Racist assumptions similarly would explain how someone might say the same about the justice who managed to convince Justice Scalia to become more judicially conservative than he already was because of some pretty innovative and out-of-favor reasons that it hadn't even occurred to Scalia to consider. But to assume that racism is at work in any particular case violates the principle of charity that we ought to take in cases where we don't really know if someone is being downright evil in the way we're inclined to accuse them of being.

Such a strong presumption is for individual cases when we're ignorant of the details, perhaps even relevant ones about a person's inner life. That's consistent with recognizing that a claim is too ludicrous to be perpetuated so easily and frequently by people who should know better when we rarely see such claims about men who are nominated or serving on the Supreme Court. That might lead us to wonder if there is some kind of racist stereotype being perpetuated. In this case, I don't think it would be that Judge Sotomayor is being assumed by anyone to be unintelligent because she's Latina, but I wonder if some people among those who say this are more likely to believe such a claim when made about a Latina than they would if it were made about a man, especially a white man.

It's not all that common that I find myself agreeing with Peter Singer on a controversial ethical issue, but I was reading a section of his book on the moral status of animals and came across a passage where he discusses racial differences, and I found his discussion refreshingly honest in a way that would come across as politically incorrect in many circles.

He complains that the primary opposition most people have toward racism seems to come from being able to see that people in different races aren't all that different, and thus discrimination against people of a certain race merely because of their race is arbitrary and morally unfounded. I've just started reading one of his articles directly on that topic, and I may well have something further to blog about it once I'm done, but in the animals discussion Singer registers some worries about this approach that I've long had myself, worries I don't see very many people expressing.

A great number of trees have been killed to try to defend the claim that there are no racial differences that might be remotely connected to anything morally significant. At any suggestion that part of the cause of the IQ gap has to do with something besides current racism, sociologists and psychologists do all sorts of empirical work trying to show that black students score lower when they know their race is being recorded with their score and such things. It's as if everything anti-racist hangs on being able to establish that the only possible cause of racial differences in test scores might be racism itself.

Singer points out that this assumption is actually the problem. If you assume that overcoming racism requires it to be a fact that there are no significant differences in intelligence between two given races, then the racist with some reason to see a difference will seem more excusable. If anti-racism rests on the assumption that there will never be a gap in intelligence between two races, what happens if you discover that, at least with respect to one method of registering differences, there is such a gap? What if part of the intelligence test gap actually comes from some biological differences in brain capacity that might make it harder to do certain tasks? Would that then make it all right to discriminate against people of that race? So basing the argument on empirical facts that might turn out to be false isn't the best idea.

The further thought that I've had is that, whenever you take an average on anything, you're bound to have averages that differ. It's almost overwhelmingly guaranteed that one of the averages will turn out to be closer than the other to the goal in question, even once you adjust for environmental factors. You're simply not going to be able to establish the view that there are no differences that lead to slightly higher averages on some measure with white people than with some non-white group. Such a result isn't just some remote possibility that we hope isn't true. It's almost certainly going to be true statistically speaking. If you manage to get a test that does fairly well at testing for skills of a certain sort, it's overwhelmingly likely that some racial groups will test better at it, because those people who happen to belong to certain races are not likely to have exactly the same average than those of every other race. One will turn out to be better on average, and that result would be a pretty poor excuse if someone wanted to use it to justify racism. If you took any random sampling of humanity and tested them, then took a different random sampling and tested them, it's extremely unlikely that they'd have the same average. If the average for blacks turned out to be lower than the average for whites, what would that tell us? Absolutely nothing of any consequence, since we would expect that the numbers couldn't be the same, and when you're talking large numbers of people with variable scores it might be reason to suspect divine intervention if you got exactly the same result for each group.

So I'm in full agreement with Singer about those who resist tooth and nail any possibility that there might be a lower average among one race when it comes to a particular measure of intelligence. It's a fruitless quest, and the factual discovery such people so strongly want to resist isn't really going to lead to enough of a morally-significant difference to justify the strong resistance.

I have to agree with Ilya Solin about this. I've yet to put together my thoughts on the Sotomayor nomination fully, but this is an important point that I wanted to say something about separately. Regardless of your view of the correctness of Sotomayor's statement that a Latina just should be a better judge than a while male judge, such a view is not racism.

I tire of making this point on the left-leaning race blogs that I sometimes check in on. Racism, in its primary sense, is a negative attitude toward people of another race. Other things that might be called racist are so in a derivative way because those things are connected with racist attitudes. Thus certain acts are racist because they typically stem from such attitudes, and certain institutions are racist because they have a lot of such atittudes and acts woven into their very fabric. Jorge Garcia has an excellent philosophical defense of this approach in "The Heart of Racism".

When you call someone a racist, it doesn't mean they have innocent motives but participate in social practices that inadvertently cause racial harm. It doesn't mean they merely have false views about race or about races other than their own. It doesn't mean you can get away with ignoring race the many white people can much of the time. It doesn't mean you avoid some of the difficulties some others face because of race. The most immediatel thing converyed when someone is accused of being a racist is that the person has a deep-seated racial animosity or opposition to those of another race or that the person has views that those of another race are inferior, and these views have a negative emotional or attitudinal component. There are certainly things that can be called racism that don't fall into that category, but they're derivative of this fundamental meaning, and when you call someone a racist it sends entirely the wrong message if what you mean is something other than the primary meaning, because that's what people hear in such an accusation.

So it irks me when I hear conservatives making exactly the same blunder. It's not reverse racism to have the view that a Latina judge is likely to have experiences that influence her judging in positive ways, experiences that a white male judge wouldn't have. Calling someone a racist for thinking experiences common to the women of one ethnic group might make someone a better judge than people not in that category is as bad as calling someone a racist for opposing affirmative action or for claiming that the Democratic Senators at Clarence Thomas' nomination hearing were racists because they were willing to do anything, even smear his name with accusations that they had plenty of evidence against, if that's what it would take to prevent his confirmation. Rush Limbaugh and Newt Gingrich have violated their own principles on this one. Limbaugh is a regular complainer about how the left issues racism charges in cases when such charges are not warranted. Yet that's exactly what he's doing here. I'm pretty sure Gingich shares that view, and yet he's also apparently called her a racist. Regardless of whether her view is true (and I encourage you to look at Tom Goldstein's analysis of her discrimination rulings, a post I'll try to comment on in more detail as soon as I can, before you come to a final judgment on her ability to be fair on such matters), it's certainly ridiculous to say that she's a racist for holding it.

One or several of the following are now apparently racist:

1. Unwillingness to accept funding that is supposed to stimulate the economy but won't stimulate much of anything.
2. Unwillingness to accept funding that mandates further expenses to your state after the temporary federal funding providing for those expenses expires.
3. Unwillingness to accept funding that might have strings attached that will prevent campus religious groups from finding meeting space on campuses
4. Unwillingness to accept funding from a bill that was rushed overnight without giving any of the legislators who voted for it or the President who signed for it a chance even to read the thing, never mind decide whether it's morally responsible.
5. Unwillingness to accept funding that sets welfare back to what it was before the reforms instituted by President Clinton and Speaker of the House Newt Gingrich that had wide bi-partisan support and a significant movement of welfare recipients back into the
6. Unwillingness to accept funding that will increase the budget deficit during a time when it's already too high and the President who initiated it is also complaining about the very thing he's contributing to at record levels.

I've heard all of the above motivations for governors resisting some of the funding coming from the stimulus package, and they all seem like pretty good arguments to me based on what I know (but I haven't read the bill; it takes most people a year to read the Bible, and that's not much longer). It may well be that some of the funding might help some people, and some of those people might be black. But the opposition from these governors is mostly to funding that isn't going to help people or would help them at too much cost, cost that might well mean in the long run that it isn't a help after all. So how is it an insult to black people in the states that are refusing this money? It could just as easily be argued that it's an insult to black people to support this disastrous bill that will almost certainly make life worse off in the long run for most Americans, black Americans included.

Does Rep. Clyburn honestly think a governor of a state is going to do something bad for the state purely out of spite for the black people in the state? I can't see how he can say what he does unless he thinks these governors are at least slighting blacks in some way. Otherwise he shouldn't count it as an insult. That assumes that these governors are ignoring the best interest of a major portion of their electorate. It's one thing to have a different view about what's in someonee's best interest and thus take a policy that the other side takes to be harmful or negligent. It's quite another to think this is being done with enough deliberateness or contempt that you could count it as an insult, which presumes that these governors understand that the stimulus bill really is in the best interest of their black population but somehow don't care. Isn't it much more likely that the governor in question really thinks it would be bad to do what Rep. Clyburn thinks would be good? But that doesn't justify being insulted, and his psychological dependence on being insulted is strong enough that he needs some way to justify it, even if it means slandering people who probably really do have the best of intentions.

There are a lot of black politicians who can say what they want with impunity, without having to face election in a district with a racial population spread closer to the mainstream of society. Such politicians will probably never move to higher levels of elected office than in a gerrymandered district in the House of Representatives, so they remain there and get committee chair spots whenever the Democrats are in control. Rep. Clyburn is in that category. Some hoped that electing Barack Obama to the presidency would put an end to the kind of unfair misrepresentation and ridiculous posturing that partisan gerrymandering along race lines has caused. It hasn't yet, and it's still early in Obama's term, but I don't think it will easily have that effect. The ironic result of race-based district gerrymandering is the election of cranks into the Unites States House of Representatives who wouldn't have a chance at statewide office given their extremist view and wllingness to spout them off whenever anyone does something they disagree with, even if it labels that person in a way that has little to do with the facts. I can't see how it helps black America to have people like this serving as their main elected representatives. I do hope having Obama in as visible a role as President will change this sort of thing. It doesn't seem like it's going to happen quickly, though.

doctor11.jpg

The outstanding revival of Doctor Who will soon be retiring another incarnation of the Doctor. David Tennant, who I think has been the best Doctor of the whole franchise, is going to move on to other things after several TV movies that also finish off the tenure of head writer Russell T. Davies, the man behind the series' revival. Steven Moffat, who is taking over the head writer's spot, happens to be my favorite writer of the bunch, having written three episodes that I'd put in the top ten of all time and one that unquestionably occupies the top spot. But there's been a bit of worry about who would become the eleventh Doctor. Rumors circulated that they might pick a woman or a black man. I'd be very surprised if they picked a woman, but I wouldn't have been surprised at all if they'd found a black man who could capture the essentials of the Doctor very well. They've certainly made great efforts to be racially inclusive in the revived show, marking a stark contrast with the very white casting of the original episodes.

It's strange, however, to see some of the response that I've seen now that they've finally chosen the eleventh Doctor, and he turns out to be white. It strikes me as affirmative action absolutism. To be clear what I mean, here are a number of different things people call affirmative action:

It can mean (1) outright quotas, where you guarantee a certain number of spots for whatever group you're extending affirmative action toward. This was originally what happened at the college and university level until the Supreme Court declared it unconstitutional for state and federal funding to be used that way.

It can mean (2) idealized quotas, where you lower the usual standards to try to reach a ballpark figure, but you don't do it by the numbers. It's effectively a quota, but because you're not an absolutist about an exact number of spots, the Supreme Court allowed it in 2003 as long as you don't use strict numerical criteria in letting race affect your calculations.

Then there's (3) what George W. Bush calls affirmative access, which is to go out of your way to find qualified candidates but not to lower your usual standards very much, and if there aren't qualified candidates in the target group or aren't as many as you'd like, then you don't lower the standards more to fill up the spots more.

The third policy has always struck me as the best, particularly for this sort of situation. You're casting for an iconic character with a history dating back over 40 years. You want to produce the best artistic product you can, and the choice of the lead role on such a show is huge. It would do a lot of good in the world to cast a black actor for the part. However, there are considerations more important than race, and those should never be put aside if it turns out all the black actors who audition are enough away from what you think the role needs to be like compared with a candidate who just stands out as perfect. According to all reports from the producers, they chose someone who does exactly that. He seemed exactly what they wanted. If they had a black actor who'd auditioned who could do the job passably, it seems to me that it would be immoral to hire him instead of the guy they went with. If they had someone who would have been great for the job if the guy they hired had never appeared, who perhaps might have otherwise been their first choice, then it becomes a harder question. It depends entirely on how much better their first choice is. It didn't sound like anyone was close from the way the producers were talking, though.

So it seems like this sort of complaint relies on a very strange moral premise, which I'll call affirmative action absolutism, a view that becomes very strange when applied to the case of there being only one spot. Somehow the idea is that whenever you've got an ongoing role where the actor can be replaced and not have to look anything like the previous actor, and all the previous actors were white, you've done something bad by not choosing a black one at the next opportunity. Such a view strikes me as completely crazy. Race is an important consideration, but it's not the only one, and there are other ones that can be more important. You have to know that none of the more important considerations are determining the decision to complain that something bad has gone on in the selection of a white actor to play the Doctor.

I can't see how anyone but the producers can flatly say that they've failed at some moral responsibility by choosing a white actor, because only those present at the auditions and casting decision meetings can know enough to assert that the producers are lying when they said Matt Smith stood out so far above the other auditioners that it was hard to consider anyone else. I very much doubt they're lying, though. Steve Moffat isn't out to cater to higher-ups in the BBC. He's a long-time fan who has a very good understanding of the essence of the character. He's a storyteller who wants to tell the best story he can with the best cast he can. Why would he choose someone and then lie about the reasons? It's extremely implausible. Besides, claiming that you know they're lying is stronger than wondering if it's true. Claiming you know it requires having been at the auditions and knowing that there are black actors who tried out who would have done just as good a job or almost as good a job as the Doctor. I very much doubt that's true of the complainers, since they almost certainly weren't present for any of that.

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