Racism (30): What Should We Call Non-White People, and How Do Names Affect Us?

Obviously, “nigger” is out. Initially a neutral term – from the Latin “niger” which means black – it was often used without racist connotation during much of the 19th century, but it became increasingly pejorative and derogatory. Even though it’s still used today by some, shall we say “African Americans”, to describe each other, often even endearingly, it’s done with.

“Negro” also means “black”, notably in Spanish and Portuguese. This term took over from “nigger” and then also from “colored” as the more polite appellation (“colored” was common usage during a few decades at the beginning of the 19th century).

“Negro” was long considered to be the proper English-language term for people of sub-Saharan African origin. This lasted until the late 1960s. Martin Luther King could still call himself a Negro. However, the term was already criticized in the 1950s en 1960s, notably by Malcolm X who successfully tried to redeem the word “black” which was seen as offensive during much of the first half of the 20th century. And indeed, “black was beautiful” during the “black power” era in the 1970s.

“African American” then took over from “black” which went from repudiated to acceptable to repudiated again. (Initially, the term was “Afro-American” derived from “Anglo-American”). “African American” has been the standard term since the 1980s, and it still is today.  “Negro” is now considered to be acceptable only in a historical context, and you should avoid talking about “black people”. African American – a term which for the first time doesn’t reference skin color – was initially hyphenated: “African-American”, like “Irish-American” or “Cuban-American”. This has become problematic very recently in reaction to the belittling phrase “hyphenated Americans“. Hence the recent omission of the hyphen.

Many will see this movement of the language of race as political correctness “gone wild”, but language does evolve and words carry meaning and historical references. Meanings and historical references can influence ideas and behavior. People who insist on using the word “nigger” are likely to have certain very specific ideas about those whom they call “nigger”. And these ideas can circulate when the word circulates. Even those who are tempted to see PC at work here will surely agree that “nigger” is an unacceptable and damaging use of language. But if “nigger” is, then why not also certain other words?

“Negro” was quite often used during the Civil War era and during the Civil Rights struggle, understandably, and was the standard expression in the period between. “Blacks” took over in the 70s, and “African American” in the 90s. “Nigger” has always been taboo in published works.

More posts in this series are here.

Racism (27): Black Students Face Harsher Discipline

At least they do in U.S. schools:

Although black students made up only 18 percent of those enrolled in the schools sampled, they accounted for 35 percent of those suspended once, 46 percent of those suspended more than once and 39 percent of all expulsions … Over all, black students were three and a half times as likely to be suspended or expelled than their white peers. …

Black and Hispanic students — particularly those with disabilities — are also disproportionately subject to seclusion or restraints. Students with disabilities make up 12 percent of the student body, but 70 percent of those subject to physical restraints. Black students with disabilities constituted 21 percent of the total, but 44 percent of those with disabilities subject to mechanical restraints, like being strapped down. And while Hispanics made up 21 percent of the students without disabilities, they accounted for 42 percent of those without disabilities who were placed in seclusion. (source, source)

What are the reasons for these differences in discipline rates? I guess it can only be one of two things: either black students are particularly unruly, or many teachers are prejudiced. Racists will obviously adopt the former explanation: in their minds, racial discrepancies in discipline are not evidence of racism but rather evidence of the inferiority of the black race. Let’s assume for a moment that teachers do not treat black pupils unjustly and that those pupils deserve their treatment on account of their behavior: we should probably not assume this, but even if we do this would not necessarily be evidence of racial inferiority. There may still be background discrimination. Why do black kids behave the way they do – if they do indeed behave in ways that deserve harsher discipline? Could it not be because of racism elsewhere in society?

More posts in this series are here.

Racism (24): What’s Wrong With Residential Segregation?

Residential segregation can be the outcome of racial animus or racial prejudice, for example when whites decide that they don’t want to live near blacks for no other reason than race. In that case, segregation is a symptom of racism and is evidently wrong. What to do about it is less clear: forcing people to live somewhere is also wrong.

But residential segregation can also result from less prejudiced motives, sometimes even from rational ones: whites may be relatively wealthy and therefore decide that they prefer to live in a nice suburb. Automatically, they end up together with other whites. (Perhaps the wealth disparity has something to do with racism, but not the segregation itself). Yet, even in that case, segregation has harmful consequences and we will have to do something about it.

Residential segregation is harmful in several ways. When relatively wealthy whites move en masse to the suburbs, the relatively poor blacks who stay in the inner cities find themselves in an increasingly impoverished area. Shops will disappear; house prices will fall and will put pressure on people’s assets, etc. The reduced tax base will make it harder for the local government to fund high quality public goods. As a result, the quality of education and other public services will drop, which will start a vicious circle of poverty.

Physical segregation of races will reduce self-esteem and self-confidence among the members of the group that is worse off after segregation. It may also foster racial animus against those who are better off. And, finally, so-called membership poverty will kick in. People will see a reduction in the number of role models, and the remaining role models will by definition be relatively poor and hence not always the ones providing the most beneficial inspiration. Criminal role models also become more prominent, as the simple arithmetical result of the disappearance of the middle class. Furthermore, when people witness high rates of failure among group members, this will also negatively affect their aspirations and effort, which in turn will make a negative economic logic take root: for example, when few group members start businesses, few other members will have the opportunity to work for them or trade with them.

However, residential segregation is not entirely negative for the poor minorities remaining in the inner cities. As house prices in the cities fall, relatively poor blacks are more likely to become homeowners. However, that’s a small silver lining to an enormous black cloud.

By the way, some numbers are here. More on segregation here.

Discrimination (3): Libertarianism and Private Discrimination

Prominent libertarian politician Rand Paul recently caused a stir by claiming that he didn’t support parts of the Civil Rights Act of 1964, specifically the parts applying non-discrimination legislation to private businesses. Like most libertarians, he believes that if private restaurant owners, for example, want to prevent blacks from eating there, then that’s their right. Similarly, banks should be allowed not to lend to blacks, real-estate agents not to sell to blacks, private homeowner groups should be able to band together and keep out blacks etc. Same when the targets are Jews, gays, immigrants and so on.

The standard libertarian position is that only government enforced or government protected discrimination is wrong. Private actors should be allowed to discriminate. A private restaurant owner for instance should be allowed to refuse to serve blacks. However, government rules forcing restaurant owners not to serve blacks are not allowed, even though for the blacks in question the results are much the same.

It’s not that most libertarians think this kind of discrimination is acceptable and would engage in it themselves. They reject legislation against private discrimination because they consider the right to private property and the sovereignty of property owners much more important than the fight against private discrimination. They also argue that market mechanisms, which they also like a whole lot, will – over time – weed out such discrimination. A restaurant owner who refuses to serve blacks will do a lot worse than his competitors who are more open minded. He will lose benefits of scale, will have to raise his prices and ultimately also lose the bigoted white customers who detest eating in the presence of blacks but detest even more paying unreasonable prices.

Here’s a good statement of the libertarian position by a self-confessed libertarian:

(1) Private discrimination should, in general, be legal (this includes affirmative action preferences, btw). Many libertarians would make exceptions for cases of monopoly power, and most would ban private discrimination when the government itself ensured the monopoly by law, as with common carriers like trains; (2) The government may not discriminate. If necessary, the federal government should step in to prevent state and local governments from discriminating; (3) The government may not force private parties to discriminate, and the federal government should, if necessary, step in to prevent state and local governments from forcing private parties to discriminate; (4) The government must protect members of minority groups and those who seek to associate with them from private violence. If the state and local government won’t do so, the federal government should step in. (source)

Note the mention of violence in this quote: private violence against blacks isn’t allowed, private discrimination is. Why the difference? Again, property rights. Laws against violence don’t usually violate anyone’s property rights.

Now, what’s the problem with this libertarian position? Property rights are obviously very important. You don’t need to be a libertarian to believe that. I argued strongly in favor of property rights here. Likewise, the free market does an enormous amount of good. The problem with the libertarian view is absolutism and a rejection of value pluralism. There are many values in life, and many different strategies to realize them. And sometimes, some values or strategies come into conflict with each other. When that happens – as is the case here – you have to be willing to balance them and see which one should take precedence. Privacy and free speech, for example, are both important, but what do you do when a journalist exposes the private life of a public figure? You balance the right and wrong: which value is better served by publishing? Free speech or privacy? In some cases, we may believe that free speech is more important than the right to privacy (for example when the politician’s private life has relevance for his functioning). In other cases privacy will trump speech (for example when the facts published have no political meaning). Such decisions can only be taken case by case because the specifics always differ. Doctrinaire and absolutists positions in favor of one value or the other won’t do. And unfortunately many libertarians, and certainly Rand in this case, seem to think that their preferred values – property, freedom and the market – should always have priority over all other values.

Is legislation such as the Civil Rights Act an infringement of property rights and the freedom to do with your property as you want? Of course it is. Are such infringements always wrong? Of course they aren’t. Sometimes they are a necessary evil to gain a greater good.

There a resemblance between the libertarian views on private discrimination and the more widely accepted view in the U.S. that free speech rights and the First Amendment can only be invoked against the government, as if private actors can’t violate people’s right to free speech. The dominant U.S. free speech doctrine reflects an antiquated view of human rights as exclusively vertical. Of course, the government probably does most of the violations, particularly of a right such as free speech, but probably not in the case of the right not to be discriminated against. That’s more of a private monopoly, and markets, protest marches, boycotts, activism etc. won’t solve that problem by themselves. Just look at the market: it didn’t solve segregation, and neither would it have had it been more free. In fact, it’s likely that bigoted white customers who detest eating in the presence of blacks, will not find themselves in white only and hence more expensive restaurants, but will band together and boycott non-segregated restaurants which then lose far more business among whites than they gain from allowing blacks. Such boycotts are absolutely in line with property rights and the free market, which shows that the market can make discrimination worse instead of destroying it. (For a more sympathetic view of the power of the market, go here).

Strangely, Rand Paul himself invoked the parallel between private discrimination and free speech, but twists it to serve his goals:

INTERVIEWER: But under your philosophy, it would be okay for Dr. King not to be served at the counter at Woolworths?

PAUL: I would not go to that Woolworths, and I would stand up in my community and say that it is abhorrent, um, but, the hard part—and this is the hard part about believing in freedom—is, if you believe in the First Amendment, for example—you have too, for example, most good defenders of the First Amendment will believe in abhorrent groups standing up and saying awful things… It’s the same way with other behaviors. In a free society, we will tolerate boorish people, who have abhorrent behavior. (source)

So we have to tolerate discrimination that actually harms real people, just like we tolerate awful speech that most likely doesn’t hurt a fly? Words don’t equal behavior, although sometimes there may be a thin line between them (which is why hate speech laws can sometimes be justified).

Capital Punishment (26): The Probability of Capital Punishment in the U.S., by Race, Ctd.

Following up from a previous post: there are many things wrong with capital punishment in the U.S. (and with capital punishment as such), but the most obvious thing is the blatant racism of it all. A black person in the U.S. is almost 4 times more likely to be executed. Even if we assume that this higher probability of being executed correctly reflects a higher probability of being involved in crime that comes with capital punishment – and that’s something we shouldn’t assume, because it’s likely that there are injustices involved, e.g. inadequate legal representation and such – that shouldn’t put our minds at ease. We then still have to ask the question: why are blacks more likely to be involved in capital offences? Surely not because of their race. Something happens in society that leads to this unfair outcome.

Some would say that blacks in the U.S. have always been kept in their place, and that violence (including state violence) was and remains the best way to do that.

Here are some more numbers which show that it isn’t just the race of the defendant that matters but also the race of the victim, making it even more convincing that capital punishment is the new Jim Crow:

The probability of being sentenced to death is much greater if a defendant kills a white or Hispanic victim who is married with a clean criminal record and a college degree, as opposed to a black or Asian victim who is single with a prior criminal record and no college degree. … death is more apt to be sought and imposed on behalf of high status victims. Some victims matter more than others. (source, source)

So, capital punishment isn’t just racist, it’s also a means for the wealthy to keep the poor in their place. If that’s true, it’s depressing.

Racism (9): Race and Employment

Racism expresses itself in different ways, one of which is discrimination in employment:

In 2004, Jean-François Amadieu, a sociologist at the Sorbonne, sent out 500 CVs replying to ads for sales jobs in the Paris region. The CVs were identical except in one regard: some applicants had north African names, and others traditional French ones. The white male French names received five times as many job offers as the north African ones. When Amadieu repeated the exercise in 2006, the ratio was 20:1. (source)

Such examples of racism in employment policy have an impact on unemployment rates across races. Those are very unequal for different races.

And then the numbers exclude those who are in prison. Given that there are 5 times as many blacks behind bars as whites in the U.S., including them in unemployment statistics would make the gap even wider. (And why shouldn’t we include them? They obviously don’t earn a living and can’t provide for their families).

Of course, this difference between the unemployment rates for blacks and whites isn’t entirely caused by direct discrimination in employment decisions. Other elements play a part:

  • Jobs are often concentrated in white suburbs, difficult to reach for blacks who do not own a car.
  • Blacks often can’t rely on networks of family businesses as much as whites or Latinos.
  • Blacks “have been relegated to precarious, low-wage work … at disproportionate rates” (source), making them more vulnerable to recessions, outsourcing and competition from immigrants.
  • Indirect discrimination: if blacks receive substandard education, are less healthy and more poor, then this will affect their employment prospects.

Capital Punishment (24): The Probability of Capital Punishment in the U.S., by Race

The U.S. population is about 300,000,000. Whites represent about 80%, or roughly 240,000,000. If you check the numbers of executions in the U.S., you’ll see that there were about 1,000 in the period from 1977 to 2005. 584 of those executions were of whites. That’s about 20 executions per year on average, meaning that whites have a chance of 1 in 12,000,000 of being executed.

There are about 40,000,000 African Americans, representing roughly 13 % of the U.S. population. 339 executions in the 1977-2005 period were of African Americans. That’s about 12 a year, meaning that blacks have a chance of 1 in 3,300,000 of being executed.

A black person in the U.S. is therefore almost 4 times more likely to be executed. Even if we assume that this higher probability of being executed correctly reflects a higher probability of being involved in crime that comes with capital punishment – and that’s something we shouldn’t assume, because it’s likely that there are injustices involved, e.g. inadequate legal representation and such – that shouldn’t put our minds at ease. We then still have to ask the question: why are blacks more likely to be involved in capital offences? Surely not because of their race. Something happens in society that leads to this outcome, and it’s likely that there are injustices involved: for example, inadequate education, poverty levels, discrimination etc.

Lies, Damned Lies, and Statistics (19): Fun With Percentages

A certain company discovered that 40% of all sick days were taken on a Friday or a Monday. They immediately clamped down on sick leave before they realized their mistake. Forty percent represents two days out of a five day working week and is therefore a normal spread. Nothing to do with lazy employees wishing to extend their weekends. They are just as sick on any other day.

A more serious example, now, more relevant also to human rights:

The stunning statistic that 70% of black babies are born out of wedlock is driven, to be sure, by the fact that many poor black women have a lot of children. But it turns out it is also driven by the fact that married black women have fewer children than married white women. (source)

The fact that married black women have fewer children than married white women obviously inflates the percentage of black babies born out of wedlock. If married black women had just as many children as married white women, the proportion or percentage of black babies out of wedlock would drop mechanically. But why do they have fewer children? It seems it’s a matter of being able to afford children.

It’s well known that the black middle class has a lot less in the way of assets than whites of similar income levels – hardly surprising, given the legacy of generations of discrimination and poverty. But that also means that things that a lot of white middle class people take for granted – like help with a down-payment on a house when you have your first kid – are less available. Middle class black parents have less in the way of a parental safety net than their white equivalents, so they’re less likely to have a second kid. (source)

The 70%, when compared to the national average which is about 40%, may seem high, but it’s artificially inflated by the relatively low number of black babies in wedlock. So before you go out yelling (see here for example) that all the poverty and educational problems of African-Americans are caused by the fact that too many of their children are born and raised out of wedlock, and presumably by single parents (although the latter doesn’t follow from the former), and that it’s better to promote “traditional marriage” instead of affirmative action, welfare etc., you may want to dig a bit deeper first. If you do, you’ll paint a more nuanced picture than the one about dysfunctional black families and irresponsible black fathers.

Nevertheless, while the percentages may not be as high as they seem at first glance, it remains true that black babies still make up a disproportionate share of kids born out of wedlock. And if “born out of wedlock” means “single parents” (usually mothers) then this can be a problem. Although many single parents do a great job raising their children (and often a better job than many “normal” families), it can be tough and the risks of ending up in poverty are much higher. And yet, even this is not enough to justify sermons about irresponsible black fathers. Maybe the misguided war on drugs, racial profiling and incarceration statistics have something to do with it.

Limiting Free Speech (29): Cross Burning

Cross burning is a typically, if not uniquely American type of “speech”. It’s the quintessential expression of hatred of African-Americans. The usual culprits are members of the Ku Klux Klan or KKK (and copycats). Historically, cross burning has been a signal of impending violence and terror. It was often a morbid prelude to lynchings or other acts of racist violence.

Nowadays, cross burnings are relatively rare, and intended to intimidate rather than signal the first step in actual violence. Nevertheless, given the history of cross burning, present-day occurrences understandably continue to instill a real sensation of fear and panic in the intended targets. Which is of course the intention.

The question is: should cross burning be considered as a form of speech that merits the protection of the freedom of speech (the First Amendment in the U.S.), or should it rather be an example of hate speech that can and should be made illegal?

If we focus on the U.S. for the moment, then the leading Supreme Court case is Virginia v Black. This case deals with 2 different criminal cases of people convicted for cross burning. In one case, an argument escalated and two defendants burned a cross in the front yard of their African-American neighbor. The other case involved a cross being burned in the garden of a member of the KKK during a private KKK “party”. The burning cross, however, could be seen by the general public.

Virgina v Black protects cross burning as a form of free speech, but also provides the possibility to make it illegal under certain circumstances (as we’ve seen many times before in this blog series on limiting freedom of speech, the circumstances are always important). And, according to Virgina v Black, the circumstances which would make it possible to restrict freedom of speech in the case of cross burning are not limited to those which can normally restrict freedom of speech in other cases. Speech acts that produce an imminent danger of physical violence, acts that result in reckless endangerment (in this case the risk that the act evolves into an arson attack), or speech acts that lead to trespassing are not protected by the First Amendment. Physical violence, arson and trespassing are illegal, and the fact that they are combined with a speech act doesn’t make them legal. If a speech act is combined with such illegal acts, or is likely to lead to such acts, then the speech acts are not protected by the right to free speech.

According to Virgina v Black, the circumstances which can make cross burning illegal go beyond this and include the intent of the speaker to intimidate and terrorize specific and identifiable persons, even if these persons are not in immediate physical danger. And cross burnings today usually doesn’t result in physical danger.

Now, you could say that cross burning is by definition intended to intimidate, but that’s not the case. Not all cross burnings are intended to intimidate – take the example of the KKK party cited above – and not all cross burnings are equally intimidating. It depends on the circumstances in which the cross burning takes place, and on the fact if it is clearly targeted against certain individuals. If the cross burning takes place close to the homes of African-Americans, and are part of a long chain of intimidation and racist incidents, then they are more intimidating than in other cases. And more intimidating means a higher risk that the rights of the targets will be violated. The African-Americans may feel forced to move, which violates their right to freely choose their residence. They may feel that it is necessary to keep their children away from school, which is a violation of their right to education, etc. In such cases, the right to free speech of the KKK members should obviously be restricted for the benefit of the rights of their targets. But in other cases, they may be allowed to wallow in their silly hobby.

I think Virginia v Black strikes the right balance. For another Supreme Court case on cross burning, see here.

Discrimination (1)

Discrimination, in its non-political and non-legal sense, simply means the recognition of differences. In the political and legal sense, it means unjustifiable differences in treatment between groups of people, most often the unjustifiable denial of the equal enjoyment of human rights.

Groups of people are discriminated because they have certain group-specific attributes that set them apart from the rest of society and that warrant, in the eyes of the people who are discriminating, less favorable treatment. One can make the following distinctions:

  • Discrimination can come in different degrees, affecting large or small numbers of people to a large or small extent: from government policy to an unspoken mentality of a small part of the population, and everything in between (such as states not acting to counter discrimination, very active and outspoken discrimination in some parts of the community, entrenched cultural practices such as the caste system etc.).
  • It can be exercised in different ways. People may be discriminated on the grounds of their race, gender etc. They can be discriminated in relatively harmless ways (denial of a promotion because of a likely pregnancy for example) or very brutal ways (slavery, denying of equal education etc.). They can also be discriminated in many different fields of life: education, employment, justice, health care etc.

Some people have the misfortune of finding themselves in a state which has an overt and active policy of discrimination, and in different discriminated groups at the same time (black lesbians in Apartheid South-Africa for example). As a result, they may also be discriminated in different fields of life at the same time (employment, family law, education etc.).

There are many types of discrimination, and the concept of discrimination is often linked to others such as racism, agism, sexism, xenophobia, intolerance, religious fundamentalism, genocide, ethnic cleansing etc. Whereas all these phenomena undoubtedly have a dose of discrimination, they are not the necessary result of discrimination. Discrimination can be much more limited.

One can distinguish between types of discrimination according to the groups that are discriminated, and the ways in which these groups are discriminated.

Groups:

  • racial discrimination
  • gender discrimination
  • discrimination based on one’s sexual orientation
  • discrimination based on one’s language, culture or national origin
  • discrimination based on one’s religion or one’s status within a religion
  • discrimination based on one’s political convictions
  • age discrimination
  • health discrimination (e.g. discrimination of HIV patients, disabled persons or obese persons)
  • etc. (when it comes to cruelty, man’s imagination has no limits I’m afraid)

Ways:

  • economic discrimination (e.g. persistent differences in poverty levels between groups)
  • employment discrimination (e.g. discrimination in career opportunities, pay, “Berufsverbot” etc.)
  • housing discrimination
  • family law discrimination (e.g. the inability of homosexuals to marry or to adopt)
  • education discrimination, different levels or quality of education for different groups
  • discrimination of the access to public service or elected positions
  • judicial discrimination, discrimination in the justice system
  • health discrimination, different levels or quality of healthcare for different groups
  • cultural practices such as honor killings, female genital mutilation,…
  • legal discrimination such as Jim Crow or segregation
  • etc.

Causes of discrimination:

  • racism, sexism etc.
  • a history of discrimination, creating a burden on future generations
  • immigration
  • xenophobia
  • recession or economic scarcity
  • education
  • cultural practices (e.g. the caste system)
  • religious doctrine
  • legislation (e.g. the Jim Crow laws or other types of legally enforced discrimination)
  • etc.

Article 2 of the Universal Declaration prohibits discrimination:

“Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

Although poverty has many causes, discrimination is undoubtedly one of them. Large differences in wealth between groups (for example racial groups) may indicate the existence of discrimination.

Statistics on the differences between races in incarceration or execution rates may indicate the existence of discrimination in the justice system, although these differences may have other causes besides discrimination, e.g. differences in poverty rates (see above), differences in levels of education etc. Of course, the latter differences may be caused by discrimination so that discrimination is indirectly the cause of the differences in the application of justice. Here again are some data on the situation in the US, showing that blacks, although they make up only 12% of the population, account for more than 1 in 3 of the prison population and of the executions. 5% of black men are in jail, compared to less than 1% of white men.

 

 

Blacks are also about twice as likely as whites to be a victim of a crime.