The Volokh Conspiracy
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Three Bad Ideas about Race in America
My forthcoming article, Three Bad Ideas about Race in America, has been posted on SSRN.
Here is the abstract:
In this Essay, prepared for a symposium honoring Brown v. Board of Education's seventieth anniversary, I examine and critique three influential propositions regarding race promoted by some academic theorists and pundits.
Part I discusses and rejects the notion that differences in socioeconomic status among different American subgroups are best explained by the power relationships groups have with the dominant white majority.
Part II considers the claim that racial categories define collective actors who inevitably have common interests and outlooks. This Part concludes that this idea is flawed and perhaps incoherent.
Part III addresses the proposition that white Americans should be encouraged to cultivate a "white racial consciousness" so that whites will recognize their privilege and become "antiracists." Part III concludes that such encouragement is both wrongheaded and dangerous.
Those who promote the ideas discussed and critiqued in this essay share several premises: pessimism about the US overcoming its racist history; what I consider a naïve belief in an identitarianism shaped by antiracist ideology as the best way to mitigate racism; and a concomitant belief that preserving the salience of existing socially (and legally) constructed racial categories is both inevitable and mostly desirable.
These premises, in turn, are ultimately based on a skepticism of or hostility to the ability of liberalism to overcome racism. In other words, they represent a rejection of the optimistic racial liberalism prevalent among civil rights activists when Brown was decided.
And here is an excerpt:
One explanation provided for the success of some nonwhite minority groups is that these groups became "white adjacent," or "honorary whites" via social evolution. This permits them to succeed in a white supremacist society. This theory lacks explanatory power. For example, it cannot explain why Chinese Americans but not Cambodian Americans are "white adjacent," unless white-adjacentness is a tautology—the more successful members of a minority group are, the more the group is "white adjacent."
Sociologist Eduardo Bonilla-Silva argues that skin color rather than race itself explains these differences. Thus, within the Asian American group, Chinese, Filipinos, Korean, and Japanese, whom he says have relatively fair complexions, qualify as honorary whites. Darker-complexioned Southeast Asians, such as, Vietnamese, Cambodians, and Laotians, however, are relegated to being part of the "collective black," and thus are doomed to lower socioeconomic status.
Granting arguendo that the color line Bonilla-Silva draws makes sense, there are still empirical gaps his theory cannot explain. For example, why were Filipino Americans among the poorest ethnic groups in the US in the late 1960s, but now have higher average incomes than Japanese or Chinese Americans, who in turn are wealthier on average than are white Americans? What do we make of Asian Indian Americans, who often have dark complexions yet have the highest income of any national-origin group? If their Caucasian physiognomy gives them an advantage, why don't other South Asian Americans, such as Pakistani, Bangladeshis, and Nepalese, have the same advantage? Why are Appalachian whites, despite being of white Protestant origin and resident in the US for centuries, at the bottom of the socioeconomic indicators pile? Why are Ethiopian and Somali Americans, whose physiognomy is relatively close to Europeans, less economically successful than are Nigerian Americans, who have a more distinctively African appearance?
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Say it loud, I’m White and I’m Proud!
Not sure if that’s what they want at “Pride” week
Frank “Greedy too”
I agree with you on Part III, that’s why I capitalize “Black.”
You haven’t given us enough to rebut on Parts I and II, except this:
pessimism about the US overcoming its racist history
I would say the opposite: we are the optimistic ones, and that’s why we’re putting in the effort. You try to block us at every turn.
What I expect you mean is that you think the problem is just going to solve itself. Yes, we’re pessimistic about that because empirically it isn’t happening. All the progress we have made has been hard fought.
So what I’m curious about is, you hate all of our ideas, but do you have any of your own?
>What I expect you mean is that you think the problem is just going to solve itself.
What's this problem you're referring to?
Ok so I read the paper. Ironically, there are three bad things about it.
1. As I suspected, you’ve got no ideas of your own.
2. Your Part I contradicts your Part II. If outcome disparities can be cultural, it seems natural for a group’s distinct culture to be accompanied by common interests and outlooks. I mean, “common interests and outlooks” is a pretty good definition for “culture” don’t you think?
3. Both sides of this debate seem unwilling to honestly engage and prefer to just demonize and nutpick each other. Your repeated cites to Ibram Kendi are the proof, as if he’s representative of “the left’s” thinking about race. It's equivalent to the left's obsession with white supremacists.
Do you really think Kendi’s a fringe figure akin to folks on the right like Richard Spencer or David Duke? How to Be an Antiracist was a #1 bestseller, and Kendi’s writings are influential and widely read among people who are involved in DEI work.
I'd never heard of him. But I knew who Richard Spencer and David Duke were right away.
You should upgrade your information bubble.
"was a #1 bestseller"
This doesn't seem like much evidence of what is representative of a group as large as "the left," does it? I mean, Bill Maher has the #1 non-fiction best selling book right now.
Kendi does not “represent the left” on race and racism. Some on the left think he’s too radical. Some think he’s not radical enough. But there’s no denying he’s been tremendously influential to the academic left’s thinking, which is why I was confused by Randal’s taking issue with Bernstein citing him.
"But there’s no denying he’s been tremendously influential to the academic left’s thinking"
Really? This is not the same as your first claims (that he had a best selling book and his work is "among people who are involved in DEI work" (are those people the same as "the academic left?" is his work being "widely read" meaning it was widely endorsed? etc.,).
I know of Kendi and read his book; he was a thing around the turn of the decade. I'm sure there are those who still follow his book, but he's not like a leader in DEI policymaking.
I agree others are more influential. I was more taking issue with the idea that pointing to him as an influential thinker on the left is some kind of cheap shot.
I agree others are more influential. I was more taking issue with the idea that pointing to him as an influential thinker on the left is some kind of cheap shot, akin to claiming that the modern conservative movement is taking its cues on race from David Duke.
He didn't say David Duke, he said "white supremacists." Think Stephen Miller, perhaps.
David actually mentions The Great Replacement as a right-wing crackpot theory that's not worth worrying about because it's too fringe, but then goes on to cite Ibram a bunch of times.
You really think Ibram's ideas have as much or more sway with the left than The Great Replacement does with the right?
No, they do not.
I think you’re wrong to dismiss Kendi. But I think engaging with Great Replacement theory along with the leftist ideas Bernstein’s criticizing could have made for a more balanced and interesting article. Particularly since I see Great Replacement as closely related to the conceptions of race relations Bernstein is criticizing (race is a zero-sum game; broad-brush racial communities have unified interests; etc.)
100% yes.
Though say what you will about Kendi, at least he's not an intellectual charlatan on the level of Robin White Fragility DiAngelo.
I didn't say that Kendi was representative of the left. I said he is on the left, and has bad ideas. Is he a fringe figure like white supremacists? He one a National Book Award for non-fiction, wrote several best-sellers, got paid tens of thousands of dollars to give lectures on anti-racism, was given an endowed chair with $53 million dollars in funding for a Center devoted to his ideas, and is still routinely cited by many as an inspiration for their teaching of "anti-racism" (you can confirm this by a search for his name in Google Scholar). That doesn't strike me as "fringe." It's true, though, that he's more a pundit than a scholar, despite his academic titles, but I did note explicitly that I was critiquing scholars AND pundits.
It’s like saying The People’s History of the United States exists, therefore we shouldn’t worry too much about Stephen Miller and Steve Bannon.
Both sets may have an equal audience, but their consumption reaches very different ends.
An academic is not a practitioner, (you can call being a populist ideologue a political practitioner these days, alas.). It’s not really comparing like-with-like.
The question wasn't whether to worry about white supremacists, but whether Kendi is a fringe figure on the left, with his importance inflated by people who are looking for an easy target. He is an easy target, and his star has fallen recently, but he was perhaps the single most influential commentator/public figure on race in the US from approximately 2016-2022.
"he was perhaps the single most influential commentator/public figure on race in the US from approximately 2016-2022."
You might need more than "is still routinely cited by many as an inspiration for their teaching of “anti-racism”" to prove this.
I do not dispute any of your facts, Kendi was both extreme and important on the left. (though not really the counterpart of white nationalists).
But I think it's reductive to compare those who may be in Trump's cabinet to an author with 2 years of high fame, and claim the impact of the second is commensurate with the first.
In some ways it is, and in some ways it isn't. You need to narrow your comparison from the very broad (and kinda subjective) 'importance.' And once you get down to something more tailored to specific purpose, I think there will be differences in kind between white supremacists and Kendi.
Steve Bannon is a pundit with terrible ideas on race, and he has been way more influential than Ibram. He actually set national policy for a while!
You admit Ibram is an easy target, making your paper even more worthless than my paper, reproduced here in its entirety:
Three Bad Ideas the Right Believes About Race
Part A. White people are the best
Part B. White people own America
Part C. Nonwhite people undermine civic society [1]
1. 2015 Steve Bannon interview
Bernstein gives the "academic theorists and pundits" too much credit. They have no worthwhile ideas. They are just anti-White.
They're just out to get you.
What follows is the conclusion of the conclusion from the linked article. In its entirety the article offers a thoughtful basis to begin discussion of libel law in the age of the internet:
Instead, the legal and conceptual shifts regarding “defamation”—in effect discouraging and disapproving only of the false variety—took place largely under the moral radar, so to speak, for reasons that have little to do with how defamation should be understood. Once true defamation is scrutinized, I have tried to show, it emerges inescapably as part of the wrong of defamation in general. Indeed, it is often indisputably monstrous. Moreover, there are advantages to retaining true defamation as the name of a wrong, or part of the wrong of defamation as it is publicly
understood. To that end, the dominant, tort law distortion of defamation needs to be re-examined in public discussion. That is what I hope to have begun here.
Let's begin that discussion.
The modern emergence of acute problems with so-called, "true-defamation," is largely a post-internet phenomenon. It is a problem which the internet greatly encouraged, but which need never have happened.
As with so much else wrong with the online public square, an upsurge in true defamation problems followed disappearance of an erstwhile legal requirement to use private editing to vet content prior to publication. When everything published got private editing first, with an eye to preventing false defamation, it created opportunity to leverage that private editing to enable business competition on the basis of content quality. And content quality more-often-than-not declines with publication of true-defamation.
Private editors in most instances expected few business advantages, and a great many disadvantages, if they chose to publish true defamation, even though it long ago became legal to do so. So in that modern-but-preinternet legal regime, private human judgement practiced with an eye to community norms screened out a great deal of would-be content which was true-hence-legal, but also defamatory and bad for business.
On the plus side, the flexibility to apply editorial judgment offered opportunity to get socially valuable or genuinely newsworthy defamatory information published in cases where it was also true information. At the same time, it enabled private—not government—means to vet and remove true-but-defamatory-and-scurrilous content which was also bad for business, and bad for public comity.
That was a high-payback return created as a byproduct of the otherwise virtuous legal requirement to avoid false-and-defamatory publications, or risk civil damages. Benefits accrued both to the publishers and to the public at large.
That was a big advantage the pre-internet publishing regime—with its legal near-mandate to practice private editing—enjoyed in comparison to today's no-editing, anything goes legal regime.
The above comment is a misplaced repeat; it belongs in the thread about true defamation.
That's not where I'd have said it belonged.
Wouldn't it be the 70th anniversary? (1954+70=2024)
Fixed. Careless error.
Always great to hear ideas about race at a white, male, bigot-infested blog that habitually publishes vile racial slurs (roughly weekly).
The Volokh Conspiracy: Official "Legal" Blog of White Grievance, Male Grievance, and Culture War Casualty Grievance
. . . oops, forgot the "Libertarianish" part . . .
Every time I turn on a television and see a black person who could better Bernstein in any debate about race, it make me optimistic about race in America. And that happens every day. It also tells me that affirmative action for blacks was wise, and astonishingly successful.
Except in the NHL, Golf, and Science
Tiger Woods is tied for the most PGA wins of all time. Perhaps you've heard of his race?
Cablinasian, if I’m remembering correctly, at least that’s how he said he “Identifies”
Frank
If Appalachia drains intelligence to places which reward intelligence, it wouldn't be surprising that people who remain, generally people who aren't willing to push through the stress of leaving, aren't likely doing all that well economically.
Have you been to Appalachia lately? (Where is it exactly? I know West Virgina is part of it, but is Asheville? Pittsburgh? North Jaw Jaw?) They're doing better than the Shitholes of Chicago, Atlanta, Detroit, and the District of Colored People.
Frank
The crime rate of Pittsburgh is 41 per 1,000, for Atlanta it is 42. The GPD per capita of Pittsburgh is $56,000, for Atlanta it is $57,000.
But ew, there's Black people in Atlanta, making it a shithole by [Frank's] definition!
Atlanta is, go there sometime. It’s why the Braves moved from downtown to Cobb county. Pittsburgh OTOH has a downtown ballpark you can walk to safely
Frank
I love Atlanta. I’ve walked all around Atlanta, it’s great.
Black people aren't dangerous as it turns out, Frank.
No one would deny racism can affect and has affected the socioeconomic status of American racial minorities, and that racism’s effects can linger long after racial attitudes liberalize.
Nevertheless, other factors beyond racism and racial hierarchy determine the success of a group, in particular cultural factors that reflect various influences including religion, class, education, level of urbanization, history of discrimination, and more.
Hard to put this together. Is the claim that socioeconomic status has no effect on the success of a group? That's more than doubtful. So if race has a strong influence on SES (it does), which in turn strongly affects success levels then obviously race has a strong influence on success levels. Your list is just a list of the factors that are affected by race.
For example, for decades Marxist and Marxist-influenced labor historians did not confront the history of racism among white-dominated labor unions in the United States, and how it primarily was a result of white workers’ racist attitudes trumping class solidarity
I'm not familiar with how this worked with unions, but it sure worked in the non-union south. One common idea is that the reasons unions never got a strong foothold in the South is that business owners were able to use racism as a wedge to divide Black and white workers and keep them from cooperating.
Not that much effort may have been necessary. There is a ton of evidence that southern whites in general were willing to sacrifice economic gains in the interest of maintaining racial hierarchies. (This is, in fact, one giant hole in theories about how economic interests wipe out racist practices.)
It's sad that such talented and intelligent law professors have to waste time writings about the obvious just because society has gone mad.
“There are two ideological threats to further progress. The first, from the right, is a potential return to the notion of the US as a “white man’s” country. The potency of this threat is reflected in the increasingly popular “Great Replacement” theory…While this conspiracy theory is wrongheaded and dangerous, those who adopt it fortunately hold little sway in elite and academic circles.“
It’s that lack of agency that drives the MAGA faction and sympathizers. While they have limited “sway in elite and academic circles”, they do have a vote. Distancing and disparaging them only isolates them and demotivates them from any potential to consider alternatives.