The Causes of Poverty (41): Racism

There’s a clear discrepancy between poverty rates for blacks and whites in the U.S. (as between races in many other countries). The question is to what extent racism is to blame. I mentioned here, here and here that some of the irrational and self-destructive behavior of a lot of poor people causes many to believe that the poor are themselves to blame for their poverty and that one shouldn’t look for external reasons such as racism.

If you finish high school and keep a job without having children before marriage, you will almost certainly not be poor. Period. I have repeatedly felt the air go out of the room upon putting this to black audiences. No one of any political stripe can deny it. It is human truth on view. In 2004, the poverty rate among blacks who followed that formula was less than 6 percent, as opposed to the overall rate of 24.7 percent. Even after hearing the earnest musings about employers who are less interested in people with names like Tomika, no one can gainsay the simple truth of that advice. Crucially, neither bigotry nor even structural racism can explain why an individual does not live up to it. (source)

Opinions like this are very common. But are they correct? Is it true that “neither bigotry nor even structural racism” can explain why an individual does not make a few simple choices that will drastically improve her life?

At first sight, it does seem that a few simply rational decisions about life will allow you to escape or avoid poverty. But on closer inspection that’s just begging the question: if things are so simple, why don’t people make those choices? Hell, it’s so simple that it should be obvious even to the stupidest among the poor! But if it’s not stupidity that causes people to fail to take the advice of finishing high school and not having children early, and not bigotry or racism, then what?

[The] insistence that the failure of so many blacks to avoid the perils that come with not finishing high school and getting pregnant before marriage cannot be explained by structure or bigotry is too outrageous to let pass with no reply. In fact they can be easily explained by structure. …

The school systems in black neighborhoods are underfunded and undeniably worse on average than those in white neighborhoods.  The quality of the school, its teachers and leadership has a direct influence on graduation rates.  Sex ed and access to contraceptives are also far worse in black communities.  The public health failures come well before this for many black youth.  The failure to provide adequate health care and nutrition to black adolescents has been linked to the behavioral and learning disabilities so prevalent in black schools.  The diagnosis of a learning disability is one of the biggest predictors of eventually dropping out of school, particularly in poor urban schools. (source)

And having more trouble finding a job because you’re name sounds black obviously has an impact on your prosperity, also for your children. And growing up in a poor family has consequences for your adult prosperity. When we look at incarceration rates by race, and assume – wrongly – that there’s no racism in play, what do you think it does to a child having to grow up without a father?

This means that there’s one less parent to earn an income, one less parent to instill the sort of discipline all children need to graduate school and avoid unplanned pregnancies.  Even if the incarceration only lasts briefly, it still means that once the parent is out of jail he or she will find it much harder find employment. (source)

More posts in this series are here.

Migration and Human Rights (29): Is Freedom of Association a Means to Promote or to Restrict Immigration?

Freedom of association is an important human right (see here for example). Linked to freedom of association is the right to exclude: groups that aren’t allowed to exclude whomever they want from membership aren’t free to associate. Another reason why the right to exclude is an important consequence of freedom of association is that association is meaningless without the concept of group identity. People associate in groups because these groups have a certain identity, and this identity is or becomes an intrinsic part of the individual identities of the members. Hence, groups should be able to have a coherent identity and that means allowing them to exclude people who don’t conform to or accept this identity.

For example, freedom of association means that Christians have a right to join a “truly” Christian group. And if the meaning of the word “truly” means excluding gay Christians or atheist (people who, according to some, don’t “conform to” or don’t accept “true Christianity” respectively), then that is what is required by freedom of association. (Which doesn’t mean that this freedom of association or this right to exclude is unlimited. Non-discrimination is also a right and sometimes we’ll have to make a trade-off. Non-discrimination can sometimes prevail over freedom of association. And yet, every exclusion from a group or every exercise of the freedom of association which in some way harms outsiders isn’t a case of discrimination. I, a non-Scot, may fail to be accepted in the clan of the MacDonalds, but I’m not discriminated against by this decision, even if it hurts my feelings and my sense of identity).

Some see a link between freedom of association and immigration restrictions. If groups are allowed to exclude, why not countries? Countries are also groups. If you force Americans, for example, to take in immigrants, despite majority opposition, then you violate their freedom of association and their right to exclude. In addition, you are accused of harming their identity – in this case national identity – because the stated reason they associated and continue to exclude, is precisely the preservation of their groups identity (made up of US values, the English language etc.).

People who don’t take a restrictionist position on immigration – such as myself – can respond in two ways.

  • First, one could claim that the rights of immigrants should be taken into account. The American freedom of association isn’t the only right in the world. When rights clash, they should be weighed against each other and the path of the “least violation” should be chosen. In the current case, one could easily argue that violations of the rights of immigrants (i.a. the right to a certain standard of living) caused by restrictions on immigration are much more severe than violations of the right to associate caused by relaxed immigration. After all, do people really believe that a culture as strong as that of the US would be harmed by immigrants? Or that immigration would change the nature of US society beyond recognition?
  • Another way to respond to the restrictionist arguments based of the right to associate, is to use the right to associate against the restrictionists. Many immigrants come or would like to come to a country because employers in that country (would) like to have them as employees. Immigration restrictions therefore violate the freedom of association of employers. Even if the country as a whole – or better the majority – feels that its right to free association is violated by immigration, it’s not obvious that the rights of the majority automatically trump the rights of a minority, however tiny this minority may be (and it’s not tiny in this case). If anything, human rights are there to protect minorities against majorities. You can make the same argument for nationals wishing to marry a foreigner, immigrants already in the country wishing their families to join them etc.

Discrimination (4): Private Discrimination, Freedom of Association and Property Rights

To what extent should anti-discrimination laws apply to private associations, to voluntary employment contracts and in private property? Let’s have a look at a number of recent news stories:

  • There was the controversy over Rand Paul’s opposition (shared by many other libertarians) to the application of the Civil Rights Act to private enterprises, which implies that a restaurant owner for example should be able to segregate his restaurant or even refuse black customers for example. (This view is based on the libertarian opposition to government regulation of the private sector).
  • Then there was the case of the Christian student’s union refusing gay members.
  • A teacher in a Christian school got herself fired because of premarital sex.
  • There’s the famous case of the Boy Scouts’ refusal to allow gay members (Boy Scouts of America v. Dale).
  • The D.C. police department recently decided to no longer intervene in an ongoing protest by Muslim women over their place in area mosques. These women have provoked confrontations in mosques by claiming the right to worship next to men, a right refused by conservative Muslim men. The police initially escorted the women out of the mosques, as requested by the men, but won’t do that anymore. The men claim that the mosques are private institutions, and private property rights should prevail. The women, they say, are trespassers.
  • And some time ago the British BNP, a racist political party, was forced to accept black members.

A similar but different case – because not based on prejudice or discrimination (except if you count PC as discriminating between views) – was the firing/quitting of journalist Helen Thomas following a politically incorrect and possibly antisemitic comment on Israel.

We can, of course, imagine an infinite number of similar cases:

  • Can a gym be held liable for dismissing a fat fitness trainer?
  • Should a business be able to offer a gays-only retirement home?
  • Can a landlord invoke religious objections to renting to an unmarried or gay couple?
  • Etc.

What all such real and imaginary cases have in common (even the Thomas case, which I’ll exclude from the current discussion because it’s slightly different and doesn’t – necessarily – involve discrimination) is that different values clash. Equality, equal treatment and the absence of discrimination on the one hand clashes with the freedom of association, the right to property and the freedom of contract on the other hand. (In the Thomas case, free speech clashes with freedom of employment contract).

If you’re a value pluralist – as I am – then these are hard cases. Property rights, freedom of association, freedom of contract (including in employment), equality and non-discrimination are all important values. It’s a right to hire or fire employees, accept or reject members of associations and serve or fail to serve customers on whatever basis you wish, even if this means discriminating certain employees, members or customers. But it’s also a right not to suffer discrimination. None of these values is by definition or a priori more important than the others. (If you think only freedom and property count, then you can wrap this up in a minute. Likewise if you think equality does count but is the automatic result of freedom. Don’t laugh, some actually think like that. Remember trickle down and the invisible hand).

All those rights are important, and when they clash, as in our examples, we’ll have to make a hard choice: which right in which case will receive priority? That will be, by definition, a case by case trade-off. You can’t use a general rule, since all these rights are – in the abstract – equally important. You can’t use a rule that says, for example, “property rights are equally important as equal treatment, except for bigots”. It’s not because you’re a bigot that you lose your property rights, your freedom of association or your freedom of contract. Those rights are human rights and intrinsically valuable.

So let’s assume that we will find many cases in which equal treatment is more important than property, contract or association rights. Pre-Civil-Rights-Act-America would be such a case. We will then engage in some justified anti-discrimination efforts that limit these other rights. And we will acknowledge that there is a limitation of rights going on. That there is a trade-off between rights and that the limitations of certain rights don’t mean that those rights are no longer important. It’s a necessary evil and an unfortunate consequence of clashing rights.

We’ll also find numerous cases in which property, contract or association rights will outweigh discrimination concerns. The example of the fitness teacher given above (who doesn’t have a right to employment in the business of his choice), or the gay retirement home (non-gay pensioners have ample opportunities elsewhere) would be cases like this. The same goes for the case of the guy protesting ladies’ night. Not all consequences of discrimination are equally harmful.

Consequently, anti-discrimination efforts can’t be an absolute concern and can’t become the only preoccupation. Otherwise, other rights would suffer needlessly. A balance has to be found. We have to decide how far our anti-discrimination measures can go without weighing too heavily on other rights, and how far bigots can be allowed to use their rights without harming the targets of their bigotry. (Or how far non-bigots can discriminate for non-bigoted reasons).

And when attempting to make this balance, we have to look at the specific circumstances and the relative harm that we can do on both sides. Small scale bigotry against a single individual who has numerous outside options – another employer, another restaurant, another organization etc. – won’t initiate anti-discrimination action, certainly not by the government. Jim Crow, on the other hand, inflicted enormous harm on large groups of people during many decades. And it would not have been abolished by a few activists, boycotts or sit-ins. Nor, for that matter, by the government ending its own discrimination. Active government action against private – and public – discrimination was required. And did happen in the Civil Rights Act of 1964 and later decisions which banned private actors from withholding services or denying employment on the basis of race (or of religion, sex, or national origin). Those anti-discrimination efforts did harm property and other rights but it’s clear that a failure to intervene would have meant perpetuating the greater harm of Jim Crow. I’ll come back to the topic of government vs private intervention against discrimination in a moment.

A parenthesis: some cases fall outside the current discussion. Government mandated discrimination in public places – trains, buses, public schools etc. – is completely and utterly unacceptable in all cases since the government can never be allowed to discriminate. Government discrimination also doesn’t cause a conflict of rights. The topic here is strictly private discrimination.

Take a look at this quote:

Wasn’t racial discrimination basically a private affair? Did we really have to enact federal laws and regulations to end it? Many of these laws dictate how people run their businesses and associations, and these restrictions are problematic to say the least. Even if we do find discrimination wrong, isn’t it a private wrong? (source)

In fairness to the author, he doesn’t seem to answer completely in the affirmative. And yet, why would you even ask those questions? Well, you should if you’re a libertarian and if liberty – including the liberty to do with your private property as you like and to freely engage in contracts and associations as you please without limitations – is the supreme value in life. However, if we accept the logic of this quote, then domestic violence and a whole bunch of other crimes are “private affairs” that shouldn’t be governed by “problematic” laws. And yet they are governed by laws, and hence we have laws “dictating how people run their associations”, and that’s a “problematic restriction”. We may think domestic violence or marital rape is wrong, but it’s a “private wrong” and hence none of our business. Domestic violence or marital rape take place within “private property” and can be seen, with a stretch of the imagination, as part of the freedom of contract (if a wife doesn’t want to be beaten or raped she should cancel the marriage contract, just like a pre-1964 African American who didn’t want to be discriminated by a restaurant owner should have gone elsewhere).

Of course, no one in his right mind would view domestic violence or marital rape like this, and no libertarian does. But the fact that libertarians – as well as many conservatives for that matter – never spill a drop of ink defending these crimes and yet fill libraries with defenses of private discrimination (and have even run a presidential campaign on the basis of this defense) just goes to show that equality and non-discrimination aren’t very important concerns for them, or at least not as important as violence and rape.

Do we really need government intervention to harmonize the two legitimate concerns? The concern for private freedom to discriminate within your property or associations, and the fight against discrimination? Some say that the fight against discrimination shouldn’t necessarily entail government coercion against private discrimination and should focus on private activism. That’s possible of course. Boycotts may help, just as minority organization, lobbying, education etc. (Another proof that free association is an important right. Minorities often depend on freedom of association and on strong property rights for their activism, and free commerce and freedom of contract tend to lower prejudice). There are also market mechanisms that counteract discrimination and fostering those mechanism might reduce discrimination without government coercion.

But that effort is certainly naive in many settings, especially when discrimination is widespread and group conformity counteracts market incentives (for example when customers are willing to pay a premium to visit segregated businesses, in which case the business owners will not be pressured by the profit motive to accept all customers; or when businesses are threatened into respect for segregation). Likewise when discrimination is government mandated. Hence the need, in many cases, for government coercion to break widespread patterns of discrimination that seriously reduce the options and opportunities of those who are discriminated against.

Why specifically state intervention? Racist business restaurant owners or bigoted employers or organizations can perhaps, sometimes, be persuaded to accept non-whites customers, employees or members through boycotts, social ostracism or the pressures of the market, but state intervention is often necessary in order to force them to do so. And they should be forced when the targets of their discrimination are seriously harmed by this discrimination, don’t have options elsewhere and can’t wait for the slow process of the market and of mentality changes. For example, a black person failing to get hired because of his or her race, after many attempts, suffers more harm than a black person failing to get served in a restaurant but having many more restaurant options close by.

It can be, in some settings, immoral to say that government shouldn’t intervene and that only social activists should struggle against racism and discrimination. In many cases, such as the southern parts of the US under Jim Crow, a struggle that isn’t backed by government often means risking life and limb. Discrimination in the US was underpinned by private terrorism (KKK) and actively supported or condoned by government law enforcement officers. Insisting that discrimination should be combated solely by private actors means exposing them to serious risks.

A final consideration: what if property is the direct result of discrimination? Can the descendants of slave owners really claim that their property rights should be a justification of their discriminatory actions? Or is their property illegitimate given the fact that it wouldn’t have existed without slavery? That would be an additional reason to favor equal treatment over property rights, when these two values clash.