Discrimination (17): Human Rights and Intersectionality

Intersectionality is an interesting concept because it’s related to the interdependence of human rights. (Sorry for the alliteration). Kimberlé Crenshaw was the first to propose the term for the purpose of describing interacting forms of discrimination. Some examples. A black woman may have relatively worse life outcomes compared to a white woman who is similar to her in most respects, even though both suffer gender discrimination. The combination of racism and sexism makes it much harder for the black woman to find a job. She will have to overcome anti-female prejudice as well as racism on the job market. An immigrant woman may have a hard time escaping sexual violence because her irregular status makes it difficult for her to go to the police. And so on.

Victims of discrimination and oppression are sometimes very different from each other, depending on the various types of discrimination that combine in order to make their lives difficult. A white upper-class able-bodied female citizen may be discriminated in some ways, but her fate is unlike the one suffered by a poor black illegal immigrant mother. Intersectionality makes for more intense discrimination.

And there’s an additional claim: people’s outcomes are made worse because of the ways in which different forms of discrimination combine (the sum being larger than the addition of the parts). Two or three types of discrimination can be mutually reinforcing. They do not act independently of one another but instead shape one another. Racial stereotypes for example need to be broken down by gender in order to see how different gender representations combine with racial stereotypes in order form an overall discriminatory ideology.

Take for example the Jezebel character. A Jezebel is a loose, sex-craved woman who is often depicted as stereotypically black, i.e. with big lips and funny hair. It’s racist prejudice about sexual morals of black people combined with a gender stereotype. (The idea that it’s men who want more sex is a relatively recent one; and “the sex-mad negro” representation is still around). It’s also no surprise that Reagan’s “welfare queen” was black. Being both poor and a “lazy and untrustworthy black person”, the welfare queen encapsulated a toxic mix used to criticize poor blacks until this day.

The concept of intersectionality “grew up” in the context of feminism. Feminists at some point in the 60s or 70s realized that although the focus on gender as a cause of discrimination is necessary, gender isn’t the sole factor determining the fate of women. A white middle class woman suffers a different form of oppression compared to a poor black women or a disabled woman. Intersectionality (or intersectionalism) became the effort to understand how gender, race and class combine to limit women’s life prospects. Since then, the word has transcended the realm of feminist theory and is now applied to all people who suffer a combination of different forms of oppression. 

All this has practical implications. For example, if you want to take a stand on more female CEO’s or quota for women in parliament you may inadvertently leave existing class structures intact, even if you include race in your quota demands (black women can have class privilege too). On the other hand, if you focus only on racism you may be blind to the specific suffering of black women. Intersectionality is therefore kind of a call for solidarity across victimized groups. 

Time to get back to human rights, I hear you say. The notion of interdependency in rights theory can be likened to intersectionality. If both your right to a decent standard of living and your political rights are violated, then these violations affect each other. For a poor person it’s much harder to reclaim her political rights because her struggle to survive takes precedence over other concerns. However, without her political rights, it’s much more difficult to escape poverty. The squeaky hinge gets the oil. I think it’s fair to say that this interdependence of rights is similar to the notion of intersectionality.

More posts in this series are here.

The Ethics of Human Rights (73): The Link Between Corporate Social Responsibility and Reparations for Slavery

Daimler-Benz … avidly supported Nazism and in return received arms contracts and tax breaks that enabled it to become one of the world’s leading industrial concerns. (Between 1932 and 1940 production grew by 830 percent.) During the war the company used thousands of slaves and forced laborers including Jews, foreigners, and POWs. (source)

Can companies violate human rights and should they be held morally and legally responsible if they do? Or are companies just legal fictions that can’t do anything? In the latter case, if a company seems to be engaged in wrongdoing, then it’s really just the employees, the bosses or the shareholders – or all of them – that have done wrong. It’s therefore always the individuals who should be held responsible and not the company as such. This latter view is expressed in the following quote:

[C]orporate action and corporate responsibility is something of a metaphor. Corporations don’t misbehave, speak, think, and so on. People acting on behalf of corporations do. I support applying the First Amendment to the “speech of corporations” because I think the restrictions on such speech end up interfering with the rights of people, both as listeners and as people who associate in order to create an enterprise in which some of the employees speak on the enterprise’s behalf. “Corporations have First Amendment rights” is useful shorthand for conveying that, but we have to recognize that it’s just shorthand.

And because this is just shorthand, I find it hard to fault the Mercedes-Benz of today for the actions of the Mercedes-Benz of the Nazi era. Whatever Mercedes-Benz officers and employees did then is their responsibility — not the responsibility of the very different people who run the company today. And that action during the Nazi era strikes me as not really relevant to Mercedes-Benz’s current actions, or to what should be our attitudes with regard to the company and its products today. (source)

That sounds persuasive, until you start to think about the transtemporal aspect of things. Indeed, current Mercedes employees or bosses are not the same as those of the Nazi era, but the company is. It’s Mercedes now and it was Mercedes then. It’s not absurd to suggest that the company profited from its Nazi era wrongdoing – or from the wrongdoing of its people back then – and that this advantage extends to our current time.

I’ll explain. Suppose that the Nazis liked company X and its people, and that this liking led to the government backed discrimination or even elimination of competitors Y and Z. Y and Z never recovered after the end of the Nazi era, and hence company X continues to this day to profit from the absence of competitors Y and Z. And I could suggest numerous other examples of ongoing advantages resulting from actions taken decades ago (e.g. continuing returns on savings which accumulated while the wrongdoing took place and which resulted from the wrongdoing; continuing returns on expropriated goods, etc.).

This discussion is similar to the one about reparations for slavery. None of the current white citizens of the US are responsible for the slavery that ended more than a century ago, and yet they do still profit – as a group – from the defunct institution, even those whites who don’t have forefathers directly implicated in slavery or who came to the US after the end of slavery. Of course, those who do have implicated forefathers profit directly from the wealth their forefathers accumulated through slavery and subsequently transferred across generations. But whites in general profit from the fact that slavery has imposed disadvantages on blacks even after its demise (lack of education, lack of certain skills, segregation, forced migration etc.). These disadvantages were and still are benefits to whites. For example, they make it easier for whites on the job market and elsewhere.

However, the guy quoted above may insist that the “group of currently living whites” is a lot like Mercedes: the group is a social fiction in the sense that it can’t act and hence can’t be responsible. Only individual whites can act. And what they do today can’t have effects on the past. Hence they can’t be responsible for what happened in the past. A fortiori, the group of whites can’t be responsible either. I agree that all of this is correct, but it doesn’t follow that the group shouldn’t be forced to pay reparations. Just as Mercedes today, it continues to profit from wrongdoing done in its name in the past, and that is unjust. Hence they should pay compensation for the unjust profit they reap.

More on corporate social responsibility here and here.

The Causes of Human Rights Violations (51): Nature or Nurture?

Are we born as blank slates, and do we get our violent and malevolent inclinations through upbringing and social contact? Or are we born evil? I can’t possibly answer those questions in a blog post, or anywhere else for that matter. But we can get some clues if we focus on one type of rights violation, namely racism.

The available evidence seems to suggest that people are not naturally racist. I’ve discussed some recent findings here. Human evolution has indeed fostered a strong sense of group solidarity, and the dark side of this solidarity is a natural tendency to define outsiders as enemies. This is problematic from the point of view of human rights because it means that the interests and rights of outsiders are routinely discounted. However, “groupism” isn’t necessarily the same as racism. Outsiders can be virtually anyone: foreigners, heretics, infidels, Manchester United fans etc. Race can but doesn’t have to determine the inside-outside border. In fact, throughout much of early human history, when contact between races was the exception, groups have defined insiders and outsiders on other grounds than race. Racism is a relatively recent phenomenon. In the words of Robert Wright:

So it’s not as if the human lineage could have plausibly developed, by evolutionary adaptation, an instinctive reaction to members of different races. (source)

It seems we are ourselves responsible for the rights we violate. We can’t accuse nature or evolution.

More on groupism here. More posts in this series here.

Measuring Human Rights (33): Measuring Racial Discrimination

The measurement of racial discrimination may seem like a purely technical topic, but in reality it comes with a huge moral dilemma. In order to measure racial discrimination, you have to categorize people into different racial groups (usually in your national census). On the basis of this you can then collect social information about those groups, and compare the average outcomes in order to detect large discrepancies between them. For example, do blacks in the US earn less, achieve less in school etc. Only then can you assume that there may be racism or discrimination and can you design policies that deal with it.

Now, categorizing people into different racial groups is not straightforward. You need to do violence to reality. Racial classifications and categorizations are not simply a reflection of factual reality, of “real group identities”. Instead they are social constructions or even fantasies influenced by centuries of prejudice, stereotypes and power relations. If we want to use racial classifications to measure discrimination, then we give people labels that may have little or nothing to do with who or what they are and how they identify themselves. Instead, these labels perpetuate the stereotypes and power relations that were the basis of the racial classifications when they were first conceived centuries ago. For example, “black” or “African-American” is not a simple descriptive label of a well-defined and existing group of people; instead it’s an ideological construction that was once used to segregate certain groups of very different people and subordinate them to a lower station in life. (Evidence for the claim that race is a social construct rather than a natural fact can be found in biology and in the fact that racial classifications differ wildly from one country to another).

In other words, the “statistical representation of diversity is a complex process which reveals the foundations of societies and their political choices” (source). In this particular case, the foundation of society was racism and the political choices were segregation and discrimination. If today we use the same racial and ethnic classifications that were once used to justify segregation and discrimination, then we run the risk of perpetuating racist social constructions. As a result, we may also help to perpetuate stereotypes and discrimination, even as we try to go in the opposite direction. It’s a form of path dependence.

Statistics are not just a reflection of social reality, but also affect this reality. Statistical categories are supposed to describe social groups, but at the same time they may influence people’s attitudes towards those groups because they contain memories of older judgments that were once attached to those groups. The dilemma is the following: the use of racial classifications to measure discrimination means giving people labels that have little or nothing to do with who they are or what they are; but they have something to do with how others treat them. It’s this treatment that we want to measure, and we can’t do so without the use of classifications. Using such classifications, however, can help to perpetuate the treatment we want to measure and avoid.

More posts in this series are here.

Discrimination (15): Is Assortative Mating a Form of Discrimination?

Assortative mating is the selective mating between individuals whose choice of marriage partners is determined by similarity of social environment. (It’s a form of homogamy, the mating of like with like). One example is the preference to mate with individuals of the same race. Take this case:

Is it racist when a white woman declares, when asked out on a date, that she will only date white men? … She, a white women, took her boss, an African American, to court on sexual harassment charges. During the hearings, he commented that she had said to him that she did not date African Americans, and he maintained that that was racist. (source)

Let’s not focus on the African American man’s apparent attempt to deflect harassment charges by playing the race card. That’s not what I want to discuss here – and, anyway, the story cited above doesn’t provide sufficient information to allow us to judge the intentions of either party. Let’s instead take the general case of a person of one race refusing to date and marry a person of another race for no other reason than race.

Is this kind of assortative mating racist? I think it is. It shows a general dislike of people of another race. It’s prejudiced and bigoted and it implies writing off whole groups of people on the sole basis of their skin color. However, is it also discrimination? I guess not. If it were discrimination, we would be allowed to use the power of the law to fight it, and no one wants the law to mess with people’s mating choices as long as both partners are consenting adults. (Polygamy may come to mind as a counterexample, but my view on the legality of polygamy is much more liberal than the conventional view; I’ll explain in another post).

No one has a right to his or her mate of choice, and no one can use the force of law to compel the consent of this mate of choice. Hence, there’s a lot of racism and bigotry that we can’t fight with the force of law and thus have to accept. We can try to change people’s minds over time, educate future generations and so on, but if this doesn’t convince everyone to regard all individuals as potential mates then there’s no more we can do.

I argued here that we can only speak about discrimination when there is a violation of rights. The account above is yet another example.

More posts in this series are here.

Measuring Human Rights (30): Distortions Caused by the Exclusion of Prisoners

I’ve already cited one example of human rights measurement gone wrong because of the exclusion of the prison inmate population: violent crime rates seem to go down in many countries, but a lot of the decrease only happens because surveys and databases exclude the crimes that take place inside of prisons. Crime may not have gone down at all; perhaps a lot of it has just been moved to the prisons.

I’ll now add a few other examples of distortions in human rights measurement caused by the exclusion of the prisoner population. The cases I’ll cite result in distortions because the exclusion of the prison population is the exclusion of a non-representative sample of the total population. For example, it’s well-known that African-Americans make up a disproportionate share of the inmate population in the U.S. Becky Pettit, a University of Washington sociologist, argues in her book “Invisible Men” that we shouldn’t take for granted some of the indicators of black progress in the U.S.:

For example, without adjusting for prisoners, the high-school completion gap between white and black men has fallen by more than 50% since 1980 … After adjusting … the gap has barely closed and has been constant since the late 1980s. (source)

We see similar results when counting or better recounting voter turnout numbers, employment rates etc.

It should be rather easy to include prisoners in most of these measurements – certainly compared to the homeless, illegal immigrants and citizens of dictatorships. The fact that we almost systematically exclude them is testimony to our attitude towards prisoners: they are excluded from society, and they literally don’t count.

More posts in this series are here.

Hate (8): Tolerance and Hate Speech

Jeremy Waldron claims that tolerance is more than merely the absence of violent assault on people who have adopted beliefs and practices we don’t like, and more than simply abstaining from persecution and legal sanction. He says that tolerance also implies the absence of hate speech and a legal prohibition of hate speech. Members of minority groups whose beliefs and practices are strongly disapproved of by the rest of society, have a right to go about their lives without the threat of constant hatred, vilification, insult and humiliation. They have a right to visit the shops and restaurants they want to visit, and to generally interact with others without being treated as pariahs.

And, indeed, that sounds quite reasonable. People undoubtedly have and should have such rights. But others have rights as well: hate mongers have a right to free speech, and racist shop keepers and restaurant owners have a right to ban whoever they want from their private property, under certain circumstances.

When the rights of the haters and the rights of despised minorities come into conflict, the different rights have to be balanced. I argued before that the right of private property of racists, or the freedom of association of prejudiced groups wanting to exclude homosexuals for example, should no longer be protected when these racists and bigots have become so numerous and authoritative that the objects of their racism or bigotry no longer have any alternative options and risk having their own rights violated. In the Jim Crow era, for example, it was very difficult for blacks to move around, find decent housing etc. because there were so many transport companies and landowners discriminating against them that their options were seriously diminished. Hence their rights were violated, and violated to such a degree that limitations on the rights of their tormentors were justified.

Similarly, in our current example, hate speech should only be banned and the right to free speech of hate mongers should only be limited when there’s an impact on the rights of their targets. Claiming, as Waldron seems to do, that a tolerant society generally requires such bans and limits will not do. That’s just not enough as a justification. For example, writing blood libel on an obscure blog that nobody reads should probably not be prohibited. On the other hand, burning crosses in the front yards of black people and forcing them to move elsewhere is a violation of their right to freely choose their residence. The same is true if people dare not walk the streets because of the risk of being constantly cursed at. These two cases of expressions of hate speech can and should be banned because they result in rights violations. Other expressions of hate speech should be protected. A general claim that tolerance requires not just constraints on coercion and violent persecution but also a general respect for people’s dignity and a social atmosphere free of hatred, insult and defamation, goes too far. It would be nice if the world was free of hate and if respect for dignity was the normal attitude, but there’s no right to such a world. Nor should there be.

If we were to adopt such a right, we’d run the risk of terminating debate altogether. If tolerance includes a general ban on hate speech it’s likely that it will also imply banning vehement discussion of other people’s supposed errors. You don’t need to engage in hate speech in order to have a vehement and lively discussion and criticism of others, but a lot of such criticism can be readily understood and perceived by its targets as an expression of hate and an insult to dignity. These targets can then use the power of law to shut down the debate, and that’s not something we want. Ideally, specific instances of speech should not be judged as inadmissible instances of hate speech and proper objects of legal sanction simply on the basis of the feelings or perceptions of the targets, but only on the basis of the objective consequences for the rights of the targets. Tolerance that includes a ban on all hate speech is a tolerance that in the end may silence us all.

More on tolerance, hate speech, defamation and insults. More posts in this series are here.

Capital Punishment (46): “Looking Deathworthy”

That’s the provocative title of a new paper showing a correlation between the likelihood of receiving a death sentence and the perception of having a stereotypically Black appearance:

Researchers previously have investigated the role of race in capital sentencing, and in particular, whether the race of the defendant or victim influences the likelihood of a death sentence. In the present study, we examined whether the likelihood of being sentenced to death is influenced by the degree to which a Black defendant is perceived to have a stereotypically Black appearance. Controlling for a wide array of factors, we found that in cases involving a White victim, the more stereotypically Black a defendant is perceived to be, the more likely that person is to be sentenced to death.

We already knew that both the race of the victim and the race of the defendant influence capital sentencing. Black defendants are executed more often than they should be in a system that pretends to treat all equally before the law and that ostensibly denies that racism should be allowed to determine judicial outcomes.

Now it seems that there’s a subgroup of African Americans who are treated even worse, namely those people who are perceived to have a stereotypically Black appearance (e.g., broad nose, thick lips, dark skin). People apparently associate those stereotypical physical traits with criminality. No surprise that this bias isn’t limited to capital cases:

Even with differences in defendants’ criminal histories statistically controlled, those defendants who possessed the most stereotypically Black facial features served up to 8 months longer in prison for felonies than defendants who possessed the least stereotypically Black features. (source)

Some more evidence is here. This form of bias has been called colorism, and it has effects way beyond the criminal justice system.

More posts in this series here.

Lies, Damned Lies, and Statistics (39): Availability Bias

This is actually only about one type of availability bias: if a certain percentage of your friends are computer programmers or have red hair, you may conclude that the same percentage of a total population are computer programmers or have red hair. You’re not working with a random and representative sample – perhaps you like computer programmers or you are attracted to people with red hair – so you make do with the sample that you have, the one that is immediately available, and you extrapolate on the basis of that.

Most of the time you’re wrong to do so – as in the examples above. In some cases, however, it may be a useful shortcut that allows you to avoid the hard work of establishing a random and representative sample and gathering information from it. If you use a sample that’s not strictly random but also not biased by your own strong preferences such as friendship or attraction, it may give reasonably adequate information on the total population. If you have a reasonably large number of friends and if you couldn’t care less about their hair color, then it may be OK to use your friends as a proxy of a random sample and extrapolate the rates of each hair color to the total population.

The problem is the following: because the use of available samples is sometimes OK, we are perhaps fooled into thinking that they are OK even when they’re not. And then we come up with arguments like:

  • Smoking can’t be all that bad. I know a lot of smokers who have lived long and healthy lives.
  • It’s better to avoid groups of young black men at night, because I know a number of people who have been attacked by young black men (and I’ll forget that I’ll hardly ever hear of people not having been attacked).
  • Cats must have a special ability to fall from great heights and survive, because I’ve seen a lot of press reports about such events (and I forget that I’ll rarely read a report about a cat falling and dying).
  • Violent criminals should be locked up for life because I’m always reading newspaper articles about re-offenders (again, very unlikely that I’ll read anything about non-re-offenders).

As is clear from some of the examples above, availability bias can sometimes have consequences for human rights: it can foster racial bias, it can lead to “tough on crime” policies, etc.

More posts in this series are here.

Human Rights Promotion (8): Human Rights in the U.S.A.

The United States is far from the worst violator of human rights, but neither is it the Shining City on the Hill that many take it to be. See what you make if this:

  • America, where people get into a frenzy about personal freedom when someone wants to limit the maximum size of soda cups, and yet consistently accept world record incarceration rates.
  • America, where felons can more quickly recover their right to bear arms than their right to vote.
  • America, where white people with a criminal record are more likely to get a callback after a job interview than black people without a criminal record.
  • America, where the depiction of naked people making love is less a matter of free speech than the depiction of people killing each other.
  • America, where the right to life of the unborn is more important than the right to life of the living.
  • America, where the courts express themselves on issues such as the appropriate hotness of coffee but remain strangely silent about the extra-judicial execution or torture of U.S. citizens.
  • America, the “land of opportunity”, has less social mobility than many of the so-called “socialist” countries of Europe.
  • America, where the Supreme Court has decided that anyone can be strip-searched upon arrest for any offence whatsoever – this is the same Supreme Court that doesn’t allow its proceedings to be televized.
  • Etc.

And then remember that a large majority of countries is even worse than this. Have a nice day.

The Causes of Poverty (58): Low Average Intelligence in Poor Countries?

The claim that poverty is caused by the stupidity of the poor has an international equivalent: some people look at the fact that most wealthy countries in the world are mainly populated by white people, combine this fact with the claim that non-Western countries have lower average IQ, and conclude that they have found the reason why poor countries are poor.

This is of course a nasty piece of victim blaming on a global scale. It’s also borderline racist. Moreover, if successful, this view will make poverty reduction impossible, given the genetic determinism that is often paired with IQ analysis. If kids get their IQ from their parents, if IQ determines wealth, and if nothing else causes poverty, then why bother doing anything at all?

For example, a book by Richard Lynn and Tatu Vanhanen titled “IQ and the Wealth of Nations” suggests that the average IQ in Africa is around 70, much lower than in East Asia or the West. They also claim that lower average IQ scores are the cause of low levels of development, income, literacy, life expectancy etc.

There are many problems with this theory. First, most of their data are made up. IQ score aren’t available for many countries. At best, the scores are extrapolated on the basis of tiny samples. Second, the theory confuses cause and effect. It’s poverty that drives down IQ rates. The Flynn effect suggests that factors such as improved nutrition, health care and schooling improve IQ test performance. IQ determinism is simply wrong.

Even if the data could tell us that poor countries have indeed relatively low average IQ rates, that’s no reason to assume that low IQ causes poverty. Causation may go the other way, and it’s also possible that there’s something else, a third element that causes both poverty and low IQ, for example the experience of colonialism. The colonizers were no more interested in creating education institutions than in fostering sustainable, non-extractive economies. Don’t forget about the omitted variable bias. However, now we’re assuming that the data can tell us about IQ, and they currently can’t.

Other posts in this series are here.

Lies, Damned Lies, and Statistics (38): The Base-Rate Fallacy

When judging whether people engage in discrimination it’s important to make the right comparisons. Take the example of an American company X where 98 percent of employees are white and only 2 percent are black. If you compare to (“if your base is”) the entire US population – of which about 13 percent are African American – then you’ll conclude that company X is motivated by racism in its employment decisions.

However, in cases such as these, it’s probably better to use another base rate, namely the number of applicants rather than the total population. If only 0.1 percent of job applications where from blacks, then an employment rate of 2 percent blacks actually shows that company X has favored black applicants.

The accusation of racism betrays a failure to point to the real causes of discrimination. It’s a failure to go back far enough and to think hard enough. The fact that only 0.1 percent of applicants were black – instead of the expected 13 percent – may still be due to racism, but not racism in company X. Blacks may suffer from low quality education, which results in a skill deficit among blacks, which in turn leads to a low application rate for certain jobs.

The opposite error is also quite common: people point to the number of blacks in prison, compare this to the total number of blacks, and conclude that blacks must be more attracted to crime. However, they should probably compare incarceration rates to arrest rates (blacks are arrested at higher rates because of racial profiling). And they should take into account jury bias as well.

More about racism. More posts in this series.

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.

Measuring Human Rights (24): Measuring Racism, Ctd.

Measuring racism is a problem, as I’ve argued before. Asking people if they’re racist won’t work because they don’t answer this question correctly, and understandably so. This is due to the social desirability bias. Surveys may minimize this bias if they approach the subject indirectly. For example, rather than simply asking people if they are racist or if they believe blacks are inferior, surveys could ask some of the following questions:

  • Do you believe God has created the races separately?
  • What do you believe are the reasons for higher incarceration rates/lower IQ scores/… among blacks?
  • Etc.

Still, no guarantee that bias won’t falsify the results. Maybe it’s better to dump the survey method altogether and go for something even more indirect. For example, you can measure

  • racism in employment decisions, such as numbers of callbacks received by applicants with black sounding names
  • racism in criminal justice, for example the degree to which black federal lower-court judges are overturned more often than cases authored by similar white judges, or differences in crime rates by race of the perpetrator, or jury behavior
  • racial profiling
  • residential racial segregation
  • racist consumer behavior, e.g. reluctance to buy something from a black seller
  • the numbers of interracial marriages
  • the numbers and membership of hate groups
  • the number of hate crimes
  • etc.

A disadvantage of many of these indirect measurements is that they don’t necessarily reflect the beliefs of the whole population. You can’t just extrapolate the rates you find in these measurements. It’s not because some judges and police officers are racist that the same rate of the total population is racist. Not all people who live in predominantly white neighborhoods do so because they don’t want to live in mixed neighborhoods. Different crime rates by race can be an indicator of racist law enforcement, but can also hide other causes, such as different poverty rates by race (which can themselves be indicators of racism). Higher numbers of hate crimes or hate groups may represent a radicalization of an increasingly small minority. And so on.

Another alternative measurement system is the Implicit Association Test. This is a psychological test that measures implicit attitudes and beliefs that people are either unwilling or unable to report.

Because the IAT requires that users make a series of rapid judgments, researchers believe that IAT scores may reflect attitudes which people are unwilling to reveal publicly. (source)

Participants in an IAT are asked to rapidly decide which words are associated. For example, is “female” or “male” associated with “family” and “career” respectively? This way, you can measure the strength of association between mental constructs such as “female” or “male” on the one hand and attributes such as “family” or “career” on the other. And this allows you to detect prejudice. The same is true for racism. You can read here or here how an IAT is usually performed.

Yet another measurement system uses evidence from Google search data, such as in this example. The advantage of this system is that it avoids the social desirability bias, since Google searches are done alone and online and without prior knowledge of the fact that the search results will be used to measure racism. Hence, people searching on Google are more likely to express social taboos. In this respect, the measurement system is similar to the IAT. Another advantage of the Google method, compared to traditional surveys, is that the Google sample is very large and more or less evenly distributed across all areas of a country. This allows for some fine grained geographical breakdown of racial animus.

More specifically, the purpose of the Google method is to analyze trends in searches that include words like “nigger” or “niggers” (not “nigga” because that’s slang in some Black communities, and not necessarily a disparaging term). In order to avoid searches for the term “nigger” by people who may not be racially motivated – such as researchers (Google can’t tell the difference) – you could refine the method and analyze only searches for phrases like “why are niggers lazy”, “Obama+nigger”, “niggers/blacks+apes” etc. If you find that those searches are more common in some locations than others, or that they become more common in some locations, then you can try to correlate those findings with other, existing indicators of racism such as those cited above, or with historic indicators such as prevalence of slavery or lynchings.

More posts in this series are here.

Racism (22): Implicit Racism in Criminal Justice, Ctd.

Being less than white in the US is not an asset when you’re in court, in more than one sense. It’s well known that black defendants face prejudice in the criminal justice system. There’s in fact a double injustice going on: dark skinned people get a raw deal from juries, and there are more of them facing juries because of racial profiling. But something similar is happening on the other side of the court room:

In this paper, I find that cases decided by black federal lower-court judges are consistently overturned more often than cases authored by similar white judges. I estimate this effect by leveraging the fact that incoming cases to the U.S. courts are randomly assigned to judges, which ensures that black and white judges hear similar sorts of cases. The effect is robust and persists after matching exactly on measures for judicial quality (including quality ratings assigned by the American Bar Association (ABA)), previous professional and judicial experience, and partisanship. Moreover, by looking more closely at the ABA ratings scores awarded to judicial nominees, I demonstrate that this effect is unlikely to be attributable exclusively to differences between black and white judges in terms of quality. This study is the first to explore how higher-court judges evaluate opinions written by judges of color. (source)

If we assume that it’s likely that black judges are more sensitive to the possibility of racial injustices suffered by defendants – and that assumption doesn’t require a huge leap of faith – then we’ll have a vicious feedback loop: if the decisions of black judges are more often overturned, then that will also harm black defendants. Add this to the harm done by prejudiced juries and police officers, and you’ll have a good explanation for incarceration rates by race.

Self-Defeating Human Rights Policies (6): The Social Effects of Incarceration

[T]he effects of [the] change in the imprisonment rate [in the U.S.] … have been concentrated among those most likely to form fragile families: poor and minority men with little schooling. Imprisonment diminishes the earnings of adult men, compromises their health, reduces familial resources, and contributes to family breakup. It also adds to the deficits of poor children, thus ensuring that the effects of imprisonment on inequality are transferred intergenerationally. … Because having a parent go to prison is now so common for poor, minority children and so negatively affects them, the authors argue that mass imprisonment may increase future racial and class inequality — and may even lead to more crime in the long term, thereby undoing any benefits of the prison boom. U.S. crime policy has thus, in the name of public safety, produced more vulnerable families and reduced the life chances of their children. (source, source)

This is an example of a self-defeating human rights policy: in an attempt to improve the protection of security rights and property rights of a population, a policy of increased incarceration rates has an adverse effect on the rights of the incarcerated, their families and children, and possibly even society at large (as increased inequality resulting from high incarceration rates among society’s most vulnerable groups will perhaps lead to more crime – although we can’t assume that increasing poverty and inequality will automatically provoke those who are impoverished because of incarceration to resort to crime).

Racism (20): Evidence of Colorism

Colorism is prejudice of or discrimination against other people based on skin color. The concept is different from racism because it’s usually used to describe discrimination within a certain race or ethnic group, based on the tone of skin color, rather than discrimination of an entire race or ethnic group. In general, this means that lighter skin tones are preferred and darker skin is considered less desirable. Lighter-skinned members of a certain race or ethnic group can discriminate against members with darker tones within the same group, but colorism more often means a general social preference for lighter skins.

One cause of colorism may be a traditional and historical preference for light and an abhorrence of darkness, light being good and godly, dark being evil and scary. However, I won’t explore the causes and just limit myself to some examples. There’s the one I mentioned some time ago, and then there’s this one:

Villanova researchers studied more than 12,000 cases of African-American women imprisoned in North Carolina and found that women with lighter skin tones received more-lenient sentences and served less time than women with darker skin tones. The researchers found that light-skinned women were sentenced to approximately 12 percent less time behind bars than their darker-skinned counterparts. Women with light skin also served 11 percent less time than darker women.

The study took into account the type of crimes the women committed and each woman’s criminal history to generate apples-to-apples comparisons. The work builds on previous studies by Stanford University, the University of Colorado at Boulder and other institutions, which have examined how “black-looking” features and skin tone can impact black men in the criminal-justice arena. …

Part of the reason may simply come down to how pretty jurors consider a defendant to be, and that being light-skinned and thin (also a factor studied in the research) are seen as more attractive. (source)

The Causes of Poverty (45): Bad Luck

Some of the poor are victims of bad luck. That’s not something which is sufficiently understood. Agreed, others dig their own grave or get their graves dug by crooked capitalists, unfair international rules, overly optimistic financial institutions causing a global economic crisis, heartless politicians etc. However, there are cases in which the link between someone’s actions or intentions – self-regarding or other-regarding – and someone’s poverty is very weak indeed and in which it’s better to say that it’s a good dose of bad luck that drives people over the brink. And I’m not just thinking about the guy losing his job because of illness or accident.

The data are very clear. In essence, if you have the bad luck of being

then you’ll earn less, sometimes a lot less than average, and you’ll run a higher risk of becoming poor.

Maybe you would reply that people with some of these characteristics don’t earn less because they had the bad luck of being born like that – e.g. black, female, short etc. – but because employers are racist or prejudiced against women or short people. True, but not always. Poverty rates among blacks in the U.S. are a lot higher than average, but only part of this gap can be explained by racist employers. Other parts of the explanation, such as education levels, statistical discrimination etc., can’t be linked immediately or exclusively to racial bias.

Or maybe you would reply that some people have themselves to blame for some of their harmful characteristics, e.g. being obese or a single mother. That, in other words, these characteristics are chosen and self-inflicted and not a matter of bad luck. That is also only partly true. Obesity can be genetically determined, and single parenthood can be the result of misguided policies such as the war on drugs.

More posts in this series are here.

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.

Racism (17): Racism is Ghostbusting

There’s a huge assumption underlying talk by racist and anti-racists alike, namely that there are different races. That may be an uncontroversial assumption at first sight, but once you start to think about it things get muddled. Are there races? Not in the biological sense. Most genetic variation occurs within so-called racial groups, not between them.

Races are social constructs rather than a biological reality. Centuries of interbreeding have made it impossible to distinguish different human gene pools. Differences between groups of homo sapiens sapiens are purely cultural and constructed. The apparent skin, hair or other physical differences are indeed natural and biological but they are

  • only skin deep, which means genetically irrelevant and certainly irrelevant for comparative merit or superiority,
  • and they are gradual variations rather than discrete groupings (some “black” people are more similar to “white” people than to others from their “race”).

Groups are self-identifying and other-identifying entities, and this identification is based on beliefs concerning shared culture, ancestry and history and on the removal of the gradual nature of differences in appearances. They are constructs, the product of beliefs and traditions, a particular way that some people talk about themselves and others.

Racism is a specific way people talk about themselves and others. It isn’t a descriptive exercise about factual differences between the “biologies” of different groups; it’s a normative exercise in which groups form beliefs about the merits of other groups, and these other groups are constructed through talk about them. They are not “natural” entities, and their members aren’t scientifically identifiable. Superficial characteristics that form a continuum are given extraordinary importance (skin color determines merit) and the gradual continuum is believed to be ruptured. Individual differences are grouped into discrete race differences, and individuals are reduced to a constructed entity.

An example. Some say that racial disparities in the US are caused by a specific culture or mentality that is rampant in “black America”, namely a culture of crime, family breakdown and lack of educational aspiration and achievement. Black America, it’s claimed, “should do something about this”! But once you try to imagine this “black America”, you’ll find that it’s impossible. There is no black America, let alone a black culture. There are certain individuals who are situated at a certain point in a skin color spectrum who may or may not belong to “black America” and who may or may not exhibit certain mentalities. But that is all one can say. There’s no way one can plausibly claim that all or most members of “black America” exhibit certain mentalities, first because it’s impossible to unequivocally determine a threshold value of skin color which puts a person inside or outside “black America”, and second because with each randomly determined threshold value you’ll end up with a very diverse group of people exhibiting many different mentalities.

Does that mean that all talk about race is superfluous? If so, then the same is true about all talk about racism. But that’s not the case. The absence of a factual reality about race doesn’t remove the salience of race in the minds of racists. Hence, racism can have consequences even in the absence of races.

Members of socially constructed racialized identities suffer real harms, and laws might have to distinguish individuals according to their racialized identities in order to compensate for such harms. (source)

People continue to label each other and themselves according to racial categories, and to act accordingly. If we want to address the negative consequences of those labels and actions, we have no choice but to use the same labels. If people impose disadvantages on another group, based on the random delineation and construction of that group, countermeasures can’t help but work with the same group. Also, this group may find the concept of its race useful in its efforts to mobilize against racist measures. It just has to careful that it doesn’t start to believe the essentialist claptrap of its racist foes and that it remains conscious of the ghostlike nature of the concept of race.

The Causes of Wealth Inequality (15): Slavery

Income inequality doesn’t have the same causes everywhere, as is evident from this study which points to the fact that slavery in the U.S., which was abolished almost 150 years ago, still has nefarious effects today.

Within the US, the institution of slavery has historically been associated more heavily with specific areas – primarily the South. This geographic differentiation allows us to identify the link between past slavery and current outcomes. We start by reviewing, over a cross section of counties, the effect of the intensity of slavery in 1870 on the current level of income per capita. For the year 2000, we find no evidence that those counties that employed slave labour more heavily are poorer than those that did so to a lesser extent or not at all (even though a negative relationship between slavery and income was still present until 1970).

Next we turn to the impact of slavery on current income disparities and we find that it is indeed associated with a higher degree of income inequality. In other words, former slave counties are more unequal in the present day. They also show a higher poverty rate and a higher degree of racial inequality. Moreover, the data say that the impact of slavery on economic inequality and poverty runs through its impact on racial inequality, and not vice versa. (source)

How exactly does slavery lead to long turn income inequality? If slavery is seen as a symptom of feelings of racial superiority, then it’s not far-fetched to assume that those feelings didn’t die with slavery and continued to affect blacks by way of discriminatory policies and practices, including in wage determination and other areas that influence economic inequality, such as the provision of education.

This, by the way, also makes the case for reparations a bit stronger. More posts in this series are here.

Capital Punishment (33): It’s Not What You Do, But What You Do to Whom

In the U.S., and probably also in other countries that still use the death penalty, not all murders are alike. Ostensibly, the death penalty is the supreme punishment for the supreme crime, i.e. murder. But some cases of the supreme crime are more likely to result in the supreme punishment than others. For example, it’s well-known that a black person who has committed murder is more likely to be executed than a white person, even if the details of their crimes are very much alike.

It seems that the moralistic justification of capital punishment – that the worst of crimes should be met with the severest of punishments – is just talk, applicable in some cases but not in others. This inconsistency is incompatible with moral talk, since morality is precisely about general and blind rules. The inconsistency becomes even more clear when we consider that it’s not just the race of the perpetrator that makes it more or less likely that horror is answered with horror. People who murder whites are much more likely to be executed than those who murder blacks.

I don’t want to sound conspiratory, but it does seem like the death penalty is an instrument in the continued subjugation of blacks and the protection of whites.

On top of the race issue, there’s also a class issue:

A defendant is much more likely to be sentenced to death if he or she kills a “high-status” victim, according to new research by Scott Phillips, associate professor of sociology and criminology at the University of Denver (DU).

According to his research published in Law and Society Review, (43-4:807-837), 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.

“The concept of arbitrariness suggests that the relevant legal facts of a capital case cannot fully explain the outcome: irrelevant social facts also shape the ultimate state sanction” Phillips says. “In the capital of capital punishment, death is more apt to be sought and imposed on behalf of high status victims. Some victims matter more than others.”

Phillips research is based on 504 death penalty cases that occurred in Harris County, Texas between 1992 and 1999. (source, source)

More on capital punishment is here.

Racism (16): Race and Crime

It’s well-known that African-Americans make up a disproportionate part of the U.S. prison population. Racists of course have an easy explanation for this, but what is the real explanation? Part of it is probably racial profiling and bias among jury members. Another part of the explanation can be poverty, unemployment and lower education, burdens from which African-Americans also suffer disproportionately. And although crime has many possible causes, there’s some evidence that at least some types of property crime go up during recessions. This indicates that there’s a link between crime and poverty, something which in turn can explain different arrest ratios across races given the different poverty rates across races.

There’s an interesting paper here studying the effects of both labor market conditions and asset poverty on the property crimes involvement of American males. It turns out that poverty and labor market outcomes account for as much as 90% of the arrest rates ratio.

Nazism Between Utopia and Anti-Utopia

On the one hand, Nazism was clearly a utopian movement. It wanted to create a perfect world for the pure Aryan race, devoid of degenerating forces. In a sense, it was idealistic. It had an ideal view of humanity and wanted to realize it, in part by way of the destruction of the less than ideal human beings and of those who were considered enemies of and dangerous to the better humans. Nazism had a peculiar kind of love for humanity. It’s love for humanity implied the destruction of those who abase, bring down and pollute it. Humanity was of course defined in a very particular way: true humans were the Aryans. The love for Aryans rather than hatred of Jews and other inferior beings was the prime motive. Love was what mattered, not hate, sadism, rancor or revenge. The future mattered, not our origins. People’s origins and race mattered only to the extent that racial mixing would threaten the future existence of the better race. And although there was blind and violent rage, the Nazi killings were in general rational, dutiful, professional, organized, and framed in terms of self-defense against degenerating forces.

On the other hand, as George Steiner has pointed out, Nazism was also a movement based on rancor towards Judaism and towards the impossible promise of unbearable and unattainable moral demands emanating from Judaism. Judaism presented to the world an impossible ideal, and we never hate anyone more than those who present us an impossible ideal. Nazism wanted to exterminate the Jews because Jews continuously confront humanity with its failings. The unbearable perfection caused the destruction of the emissaries of this perfection.

Racism (15): Does the Stigma of “Acting White” Explain the Racial Achievement Gap in Education in the U.S.?

In many areas of life, different racial groups in the U.S. achieve unequal results. African-Americans earn less, are more likely to be in prison, are more often ill etc. So it’s no surprise that there’s an achievement gap in education as well.

At nine months old, there are no detectable cognitive differences between black and white babies. Differences emerge as early as age two, and by the time black children enter kindergarten they are lagging whites by 0.64 standard deviations in math and 0.40 in reading. On every subject at every grade level, there are large and important achievement differences between blacks and whites that continue to grow as children progress through school. Even accounting for a host of background factors, the achievement gap remains large and statistically significant. (source)

While the education gap seems to be closing, it remains wide. It’s likely that other multicultural societies face the same kind of problem. Racists have an obvious explanation: racial inferiority! Anti-racists have an equally obvious but more convincing explanation: racists! But apart from the effects of lingering racist discrimination there’s also a more interesting cause of the education gap: the stigma of “acting white“, causing minority students to suffer from the negative prejudices of their ethnic peers. Roland G. Fryer has looked at this, and found that it can explain a lot.

“Acting white” is a kind of negative peer pressure. Black peer communities impose costs on those members who are perceived to be “acting white” (or are trying to “act white”). The criticism of “acting white” and the costs imposed on those who are believed to “act white” lead to the avoidance of behavior that is seen as the traditional prerogative of whites. The avoided behavior can be quite harmless, for instance wearing clothes of a particular brand that is believed to be typical of whites, or giving your children certain “white” names. But the avoided behavior can also undermine people’s education, for example when people are discouraged to use standard English, to read books or to achieve high grades. (And even the seemingly harmless habit of giving your kids “black” names can result in harm. It’s known, for instance, the employers regularly discriminate people with “black” names while processing job applications).

The individuals exposed to all these kinds of negative peer pressure have a disincentive to invest in their education. They deliberately underachieve in order to avoid social sanctions. Naturally, the degree of the disincentive depends on the nature and the level of the costs imposed: those costs can be the threat of rejection, ridicule etc. Different people will suffer different costs and will perceive the gravity of the costs differently, but as long as there is a perceived trade-off between acceptance and authenticity on the one hand and achievement on the other, there will also be an achievement gap.

Fryer measures the impact of the stigma using social popularity, number of friends and friendship patterns plotted against school grades. His results clearly show an inverse relationship between grades and popularity for non-whites.

Not surprisingly, the effect of “acting white” is more severe in integrated schools than in predominantly black schools. The reason is the higher level of competition between communities and the perceived threats between groups:

In an achievement-based society where two groups, for historical reasons, achieve at noticeably different levels, the group with lower achievement levels is at risk of losing its most successful members, especially in situations where successful individuals have opportunities to establish contacts with outsiders. Over the long run, the group faces the danger that its most successful members will no longer identify with its interests, and group identity will itself erode. To forestall such erosion, groups may try to reinforce their identity by penalizing members for differentiating themselves from the group. The penalties are likely to increase whenever the threats to group cohesion intensify. (source)

This explanation of the causes of the “acting white” stigma, based on the desire of groups to preserve their identity in the face of external threats to their internal coherence, is more convincing that the two major alternative explanations:

  • Blacks have developed a culture of investing themselves in alternative pursuits rather than in education because historically academic achievement was the prerogative of whites. This explanation reeks of historical determinism.
  • Blacks have developed a culture of “victimology” and deliberately engage in cultural sabotage. This explanation can be perceived as racist.

“Acting white” explains a lot but surely not everything. It’s likely that the racial poverty and income gaps also contribute to the education gap, as do patterns in family structure, incarceration rates of black fathers, school quality etc. Stereotype threat can also play a part. As well as some good ol’ racism, of course.

Racism (14): Race and Consumer Behavior

There’s strong evidence of racist sorting by people looking for a job (white job seekers often avoid working for black managers, and white workers quit their jobs more rapidly when a white manager is replaced with a black manager). A similar phenomenon is race discrimination by buyers.

Do buyers discriminate based on race? This column describes an experiment in the US that advertised iPods online from black and white sellers. Black sellers received fewer offers at lower prices, doing better in markets with competition amongst buyers and worse in high-crime markets. The authors find evidence of both statistical and taste-based discrimination. … [I]t appears that discrimination may not “survive” in the presence of significant competition among buyers. Furthermore, black sellers do worst in the most racially isolated markets and markets with high property crime rates, suggesting a role for statistical discrimination in explaining the disparity. (source)

The important question is indeed to what extent this “sorting” on the part of buyers is motivated by statistical discrimination or by taste-based discrimination:

  • Statistical discrimination means that race is used as a proxy for unobservable negative characteristics, maybe in this case a judgment about the probability that black sellers will be happy with a marginally lower sales price, given their statistically higher rates of poverty. Or perhaps there’s distrust based on unclear statistical judgments about the risk of buying fake or stolen goods, meeting sellers in an inconvenient or dangerous neighborhoods, or dealing with unreliable sellers who might not complete the transaction.
  • Taste-based discrimination occurs when people just don’t like dealing with black people for no particular reason apart from the difference in race.

The study cited above uses a number of clever ways to disentangle these two effects. For instance, the inclusion of white tattooed sellers, who also received fewer and lower purchase offers, suggesting that part of the differences are due to statistical discrimination. Another part, however, is just plain racism. Black sellers are at a significant disadvantage on average, and that’s due to both statistical and taste-based discrimination.

More on statistical discrimination here.

Discrimination (7): Statistical Discrimination v. Background Checks?

Employers often use background checks before deciding to hire someone. For example, they may check the criminal record of job candidates, their credit scores, health history etc. It’s somewhat understandable although not always acceptable that they are reluctant to hire someone who has been in jail, has been sick for a long time, or has proven to be undisciplined by not paying her bills.

Let’s focus on ex-convicts for the moment. These people have a hard time as it is, sometimes even for no good reason because they shouldn’t have been incarcerated in the first place (I argued here that many countries, and especially the U.S., put too many people in jail). So, allowing employers to use criminal background checks can force ex-convicts into a vicious circle: unable to find a job, they may be forced to go back to crime.

Furthermore, there’s a racial aspect to all of this: in the U.S., African Americans are more likely to be ex-convicts. According to some, this racial discrepancy is precisely the reason to allow criminal background checks. If employers aren’t allowed to check individual candidates, they will resort to statistical discrimination: they know that blacks are more likely to have a criminal record and so they won’t hire any blacks at all, just to be safe.

However, if you espouse this argument in favor of background checks, you essentially want to make things better for one disadvantaged group – blacks, who are generally disadvantaged in employment – by making things worse for an even more disadvantaged group, namely ex-convicts. And that’s assuming that employers will hire more black people if they can use criminal background checks; but assuming that means assuming there’s no racism. Helping a disadvantaged group by harming an even more disadvantaged group is plainly absurd, and you can only fail to see that it’s absurd if you have an overriding fear of government regulation. Regulation should be kept in check but not at any price. I think in this case regulating businesses and outlawing background checks is the appropriate thing to do.

Let’s turn briefly to another type of background check: credit scores.

[M]illions of Americans, as a direct consequence of looking for work, have lower credit scores. … The use of credit checks in employment decisions should be banned. It is a form of discrimination against the poor — the codification and enforcement of class barriers. It is therefore a form of discrimination against those groups more likely to be poor. (source)

It seems there’s a

growing tendency of HR departments to check the credit scores of potential employees apparently deeming this data to be an important predictor of employee behavior. This creates a Catch-22 scenario for the unemployed where you can’t improve your credit score unless you get a job and you can’t get a job until you improve your credit score. (source)

Apart from the obvious fact that credit scores seem to be a type of knowledge that is much less useful for an employer compared to a criminal record – if your house burned down and your credit score is low as a result, does that make you a bad employee? – there’s a real issue for the poor here. They shouldn’t be discriminated against just for being poor. It’s not just a lack of conscientiousness or discipline that can lower your credit score. Back luck and poverty won’t help either. Some say the free market and competition will take care of this: employers stupid enough not to hire good poor people simply because they have a credit problem will lose out. Their competitors who don’t engage in credit checks will hire them, and those businesses will acquire a commercial advantage. I don’t know. Seems awfully optimistic to me.

Racism (13b): Race and Employment

In the U.S., and probably elsewhere as well, there’s a large discrepancy between the unemployment rates for people of different races. The easy answer is “racism!”, but that may be a bit too easy. Some of the discrepancy can be explained by education levels. However, perhaps it’s those discrepancies in education levels that are caused by racism and discrimination, at least in part. I personally believe that the discrepancies in unemployment rates have many causes, and that racism is definitely one of them. I’m just not sure about the particular weight we should accord it.

There’s a lot of evidence of racism in the behavior of employers and recruiters. For instance, there’s substantial empirical proof that someone’s race can make it less likely to be called back for a job interview. In fact, black men without a criminal record are less likely to be called back for a job interview than white men with a criminal record. This has to have an impact on employment rates by race, which in turn has an impact on different poverty rates by race.

Some more evidence of discrimination in employment decisions is here:

White, Asian and Hispanic managers tend to hire more whites and fewer blacks than black managers do, according to a new study out of the University of Miami School of Business Administration. Using more than two years of personnel data from a large U.S. retail chain, the study found that when a black manager in a typical store is replaced by a white, Asian or Hispanic manager, the share of newly hired blacks falls from 21 to 17 percent, and the share of whites hired rises from 60 to 64 percent. The effect is even stronger for stores located in the South, where the replacement of a black manager causes the share of newly hired blacks to fall from 29 to 21 percent. … The finding is clear evidence that the race or ethnicity of those who make hiring decisions can have a strong impact in the racial makeup of a company’s workforce. (source)

Given the setup of the study, the racial discrepancies can’t be explained by demographics. You could assume that managers may not be motivated by racism but just anticipate the racism of their customers: they want to hire people of the same race as the majority of their customers because they believe that customers have racial preferences – or are racist – and prefer to be served by people of their own race. However, the customer population of a store doesn’t normally change when there’s a new manager. Hence, the change in recruitment policy by the new managers can’t be explained by customer demographics.

Another possible explanation is that managers, rather than being racist themselves, recruit in a racially biased way because they anticipate the racism of their existing employees: black managers hire fewer whites because they believe whites may be less willing to work for black managers. Or vice versa. And indeed:

The study found that when a white manager is replaced with a black manager, the rate at which white workers quit their jobs increases by 15 percent. “We interpret this increase in the white quit rate as evidence of discriminatory sorting by white job seekers,” the authors write. “It implies that whites who dislike working for black managers often avoid working for black managers in the first place.” (source)

More on racism is here.

The Causes of Wealth Inequality (10): Racism

In the U.S., the median annual income for black families is 38 percent lower than for their white counterparts. So, income inequality in the U.S. has a racial component, and some of the explanations or causes of income inequality may have something to do with racism. I say “may” because if income inequality were essentially or mainly a consequence of racism, then there wouldn’t be any white poverty. Moreover, given the growth of total income inequality in the U.S. during the last decades, the income gap between whites and blacks should have grown in the same proportion if racism is the sole cause. And that didn’t happen:

the black/white gap in median family income has stagnated; it’s a mere three percentage points smaller today than it was in 1979. … [D]uring the current economic downturn, the black/white income gap widened somewhat. … [T[he black/white income gap can’t be a contributing factor to the [increase in inequality] if it hasn’t grown over the past three decades. And even if it had grown, there would be a limit to how much impact it could have on the national income-inequality trend, because African-Americans constitute only 13 percent of the U.S. population. (source)

The growth of income inequality in the U.S over the last decades can’t be blamed on racism, since inequality has risen across social groups, but perhaps part of the level of income inequality can be blamed on it. I don’t know how large a part, but probably not a very large part, given all the other likely causes of income inequality.

Still, I focus on the U.S. here, and that isn’t by far the only country plagued by inequality. If racism isn’t a particularly good explanation for income inequality in the U.S., maybe it is in other countries, and then I’m thinking in particular about some South American countries.

Racism (12): Implicit Racism in Criminal Justice

Overt manifestations of racial or other types of group-based hate, prejudice or discrimination are relatively rare these days because they have become increasingly unacceptable. However, the racist or prejudiced ideas that form the basis of such overt manifestations aren’t necessarily less common than they used to be. Or perhaps the word “idea” is too strong. “Unconscious biases” or even “instincts” may be more appropriate terms. “Instincts” in this context is a term used to link contemporary racism and prejudice to lingering aspects of early human evolution encouraging distrust of other groups as a survival strategy.

Indeed, certain psychological experiments have shown how easy it is to induce people to hateful behavior towards members of other groups, even people who self-describe as strongly anti-prejudice. There have also been some notorious cases of the effect of hate propaganda on people’s behavior.

On the other hand, there are some indicators that suggest a decrease in the levels of racism, and there are theories that say that it should decrease. However, other data suggest that “unconscious biases” are still very strong:

[T]his Article proposes and tests a new hypothesis called Biased Evidence Hypothesis. Biased Evidence Hypothesis posits that when racial stereotypes are activated, jurors automatically and unintentionally evaluate ambiguous trial evidence in racially biased ways. Because racial stereotypes in the legal context often involve stereotypes of African-Americans and other minority group members as aggressive criminals, Biased Evidence Hypothesis, if confirmed, could help explain the continued racial disparities that plague the American criminal justice system.

To test Biased Evidence Hypothesis, we designed an empirical study that tested how mock-jurors judge trial evidence. As part of an “evidence slideshow” in an armed robbery case, we showed half of the study participants a security camera photo of a dark-skinned perpetrator and the other half of the participants an otherwise identical photo of a lighter-skinned perpetrator. We then presented participants with evidence from the trial, and asked them to judge how much each piece of evidence tended to indicate whether the defendant was guilty or not guilty. The results of the study supported Biased Evidence Hypothesis and indicated that participants who saw a photo of a dark-skinned perpetrator judged subsequent evidence as more supportive of a guilty verdict compared to participants who saw a photo of a lighter-skinned perpetrator. (source)

Maybe racism hasn’t decreased but has just become more difficult to spot, including for the racists themselves. Swastikas and KKK hoods aren’t so common anymore, and instead we have to look for unconscious biases, implicit racism or even unintentional racism.

Discrimination (6): Should People Be Liable For Unconscious Discrimination?

First of all, it’s evident that people often have unconscious motives for their actions. For example, parents “wishing the best” for their children can act out of frustration about their own past failures. So it’s likely that some acts of discrimination are based on similar “deep” motives. Some of us who genuinely believe that we are colorblind may still avoid black neighborhoods at night, cross a lonely street when a tall black male comes our way, or favor a CV sent in by someone with a “‘Caucasian” name. Tests have shown that people are more biased than they admit to themselves.

So we may be violating anti-discrimination laws without “really” and consciously wanting to. You could say that in such cases we shouldn’t be prosecuted for breaking the law, because there is no intent on our part. Discrimination takes place but no one really wants it to take place. True, normally there’s an intent requirement when deciding liability: if you drive your car and you hit someone who crosses the road where he or she shouldn’t do so, you’re not criminally liable. You killed a person but didn’t intend to. In some cases, the lack of intent diminishes rather than removes liability: if you’re in a fight with someone and the other person dies because of your actions, you won’t be charged with homicide but with the lesser crime of manslaughter if you didn’t intend to murder.

As the example of manslaughter already makes clear, intent isn’t always necessary for liability. Hence, lack of intent can’t be the reason not to make unconscious discrimination a crime.

Anyway, intent or the absence of it is often very difficult to prove. In the case of homicide/manslaughter, you can use witness accounts or physical evidence, you can reconstruct the crime and try to figure out if the killing was planned or intended, or you can interrogate the perpetrator, and even then it’s rarely easy. Things seem to be much more difficult still in cases of unconscious discrimination. Looking for intent is basically trying to look inside people’s minds, which isn’t obvious, and when people fool their own minds it’s becomes even harder.

If we accept that unconscious discrimination should be a crime in certain cases, and perhaps equivalent to conscious discrimination, then the problem is how to prove that it took place. In the case of conscious discrimination, you can often rely on the utterances of the person(s) who discriminate. That’s evidently impossible in the case of unconscious discrimination. Perhaps you can’t prove it in individual cases – if one black person’s CV is rejected, it’s probably impossible to say it’s because of implicit or unconscious racism. However, if a company rejects a large number of such CVs, and correcting for other factors such as education or skill level doesn’t remove bias in the distribution, then you may perhaps have evidence of discrimination (that’s a technique that’s useful in cases of conscious discrimination as well, by the way). So you would need to rely on statistical analysis, something that usually isn’t done in the determination of criminal liability. It’s not because x % of all killings are manslaughter that everyone charged with a killing has x % change of “getting away” with manslaughter. The decision to sentence someone for the crime of murder or manslaughter is always made on an individual basis and not a statistical one, although past conduct of the suspect can sometimes come into play.

An additional difficulty: if we accept that laws aren’t only meant to punish but also to prevent and deter, it seems that the latter goal is futile in the case of unconscious discrimination. People who are not aware that they engage in discriminatory activities will hardly be persuaded by laws telling them to stop doing so.

I’m personally not yet ready to take a firm position on these issues. For more information on this topic, take a look at this interesting paper.

The Causes of Poverty (39): The Bee Sting Theory of Poverty

Why are people poor? A cursory investigation almost always blames the poor for their own poverty. Poor people seems to make stupid choices all of the time. They are disproportionately likely to have children while in their teens, to be an unmarried mother, to drop out of school, to abuse drugs, to commit crimes etc. Non-poor people also engage in this kind of irrational behavior but the costs to them are much smaller. So rationality would tell poor people to stay away from such behavior. The fact that they don’t leads many to conclude that poor people are especially irrational, perhaps even dumb.

Many conservatives often adopt this causal theory of poverty, although not always in those terms. Perhaps it’s a reaction to liberals who tend to situate the cause of poverty far away from the poor themselves, e.g. racism, capitalism etc. Both camps, however, remove responsibility from the discussion. If you’re too dumb to escape poverty, you’re not likely to magically develop the responsibility to take your life in your hands. And if outside forces as powerful as racism and capitalism make you poor, no matter how strong your sense of responsibility, you’re not likely to win.

A multicausal understanding of poverty seems closer to reality: dumb choices, lack of effort and responsibility and outside forces all contribute to create and maintain poverty, in different measures for different people. It’s likely that poor people aren’t different from anyone else in this respect: everyone makes dumb choices, lacks responsibility in key moments and suffer the brunt of outside forces, the poor just pay a heavier price. They have smaller margins of error, so they suffer disproportionately from the errors they make. And their reserves and defenses are weaker, so the impact of outside forces is stronger. And we shouldn’t forget poverty traps as a cause of poverty: the more you’re down, the more difficult it is to get up again. Partly because of material reasons (for example, the trap of the ghetto or the vicious circle of poverty and ill health), but also because of psychological reasons:

A person with one bee sting is highly motivated to get it treated. But a person with multiple bee stings does not have much incentive to get one sting treated, because the others will still throb. The more of a painful or undesirable thing one has (i.e. the poorer one is) the less likely one is to do anything about any one problem. Poverty is less a matter of having few goods than having lots of problems. …

If, for example, our car has several dents on it, and then we get one more, we’re far less likely to get that one fixed than if the car was pristine before. If we have a sink full of dishes, the prospect of washing a few of them is much more daunting than if there are only a few in the sink to begin with. …

[B]eing poor is defined by having to deal with a multitude of problems: One doesn’t have enough money to pay rent or car insurance or credit card bills or day care or sometimes even food. Even if one works hard enough to pay off half of those costs, some fairly imposing ones still remain, which creates a large disincentive to bestir oneself to work at all. (source)

This is a classic example of a poverty trap: being poor makes you poorer. People just get overwhelmed by problems and their ability to cope suffers. It’s not just that they are dumb or irresponsible; they’re simply overwhelmed. All of us would be, even the smartest and most responsible among us.

It also means that, as Charles Karelis has argued, there’s something wrong with the disincentive argument about help to the poor (giving them help reduces their incentives to do something about their situation, like giving unemployment benefits reduces the incentive to find a job). Things may actually be the other way around:

Reducing the number of economic hardships that the poor have to deal with actually make them more, not less, likely to work, just as repairing most of the dents on a car makes the owner more likely to fix the last couple on his own. (source)

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.

Crime and Human Rights (9): A Human Right to Possess and Carry Firearms?

Well, possessing and carrying firearms certainly isn’t a human right since it’s not mentioned in any global human rights treaty or declaration. Neither is it a right that’s demanded by the majority of people in the world. It seems to be an exclusive preoccupation of many in the U.S., where the Second Amendment to the Constitution declares:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. (source)

Guns and violence

Whether or not this is an example for other countries to follow, or whether or not this is a good thing for the U.S., are questions worth pondering. The fact that Americans kill one another at a much higher rate than do residents of comparable western European nations, and that this gap persists despite a roughly 40 percent drop in the US homicide rate in the last 15 years or so, is a first indication the answer to those questions is likely to be negative. Gun rights in the U.S. has led to widespread gun possession:

The United States has the largest number of guns in private hands of any country in the world with 60 million people owning a combined arsenal of over 200 million firearms. (source)

And it so happens that this widespread possession is correlated with high crime rates. However, this correlation between gun ownership and violence doesn’t have to be causal. Both numbers can have a third factor causing them both, such as high levels of endemic aggression. Reducing the number of guns would then perhaps fail to reduce the levels of violence. However, I don’t believe in such a third factor and there is proof of a causal link between guns and aggression:

Do guns make men more aggressive? Looks like the answer is “Yes, unless they handle guns a lot.” … We tested whether interacting with a gun increased testosterone levels and later aggressive behavior. Thirty male college students provided a saliva sample (for testosterone assay), interacted with either a gun or a children’s toy for 15 min, and then provided another saliva sample. Next, subjects added as much hot sauce as they wanted to a cup of water they believed another subject would have to drink. Males who interacted with the gun showed significantly greater increases in testosterone and added more hot sauce to the water than did those who interacted with the children’s toy. Moreover, increases in testosterone partially mediated the effects of interacting with the gun on this aggressive behavior. (source)

Deterrence

On the other side of the argument, you have people claiming that more guns mean less crime. Gun possession is supposed to have a deterrent effect on criminals. At first sight, that sounds convincing: when potential criminals know that there’s a high probability that their potential victims carry or possess guns, they may think twice before deciding to rob someone. Still, how does this square with the correlation mentioned above? Why is there so much crime in the U.S. if gun ownership deters crime? The only explanation is that crime rates would be even higher in the U.S. without gun rights:

Because … while we hear about the murders and accidents, we don’t often hear about the crimes stopped because would-be victims showed a gun and scared criminals away. Those thwarted crimes and lives saved usually aren’t reported to police (sometimes for fear the gun will be confiscated), and when they are reported, the media tend to ignore them. No bang, no news. It is quite clear that we have not seen any massive increase in crime, even though we have shifted from a situation where about 10 states allowed nearly every law-abiding adult to get a concealed carry license to a situation where 40 states do. So the fears of gun control proponents certainly have not materialized. (source)

The argument is that while guns may be dangerous and lead to murders and violence, gun ownership for self-defense purposes often prevents violent crime and thereby saves lives. Gun rights activists claim that on balance the gain is larger than the loss. Moreover, they argue that other rights can also cost lives (free speech for nazis can lead to authoritarian rule, rights ensuring that people have a fair trial can result in criminals escaping jail sentence etc.).

Supposing all this is true, the question is then what on earth is wrong with the American psyche that even a supposedly massive deterrent effect still produces crime rates that are higher than in other comparable countries that don’t have the same deterrent? I don’t think there’s anything particularly wrong with Americans, and hence this deterrent effect is probably largely imaginary (as are other deterrent effects).

I should also mention that the “more guns, less crime” narrative that claims that the number of lives saved by guns is larger than the number lost, often relies heavily on some seriously flawed research by the notorious John R. Lott (read more about this guy’s methods here and here). If you see or hear anyone defending gun rights and using Lott’s work, you can safely move on.

Self-defense

However, even if it’s not clear that a consequentialist or utilitarian defense of gun rights can work (that in other words gun rights produce overall higher utility levels that gun prohibition or gun control), it’s still possible to make a rights-based case for gun rights. You can argue that people have a right to the means of self-defense, whatever the overall balance of violence. I personally think that this is the strongest of the arguments in favor of gun rights. If you can connect gun rights to existing human rights such as the right to life and the right to physical security, you can make a strong case.

For decades, liberals have insisted that the Constitution assumes—even if it does not explicitly spell out—a right to bodily autonomy. This right, long disputed by conservatives, is a basis for arguments in favor of abortion rights and gay rights. Liberals who support gun rights find a similar implied right to own weapons: after all, they say, what is the right to bear arms but the ability to protect your body from criminals as well as the government? The right to bear arms gives you a mechanism to protect your bodily autonomy from attack. (source)

This link to abortion is an interesting one. Both abortion and gun rights can be defended on the basis of bodily autonomy, self-determination and self-defense. But then again, it’s rarely the same people who defend abortion rights and gun rights. On the contrary, gun rights activists are often decidedly against abortion. There’s an interesting story here about a campaign against abortion in black families.

“BLACK CHILDREN ARE AN ENDANGERED SPECIES,” the billboards proclaim. Posted in dozens of locations in Atlanta’s black neighborhoods, they direct readers to a Web site that denounces abortion as a racist conspiracy. Through them, the pro-life movement is sending a message that it cares about the lives of black people. But does it?

The Web site plays every race card in the deck. It says “abortion is the tool [racists] use to stealthily target blacks for extermination.” It calls on readers to “expose the insidiousness of the pro-abortion agenda and its real target: the black community.” It touts the support of “Dr. King,” a niece of Martin Luther King Jr. “I know for sure that the black community is being targeted by abortionists for the purpose of ethnic cleansing,” she asserts.

What’s the basis for these charges? The campaign points to eugenic ideas and influences in the early birth-control movement. But its chief evidence is abortion rates. “Abortions in the black community occur at 3x the rate of those among the white population and 2x that of all other races combined,” the site points out. “The truth screams loud and clear—we are killing our very future.”

The numbers are provocative. But there’s something odd about the billboards. The child who appears beside the text is fully born. Abortion doesn’t kill such children. What kills them, all too often, is shooting. If you wanted to save living, breathing, fully born children from a tool of extermination that is literally targeting blacks, the first problem you would focus on is guns. They are killing the present, not just the future. But the sponsors of the “endangered species” ads don’t support gun control. They oppose it. … Maybe that’s why blacks, unlike whites, strongly favor gun control. (source)

This example of how gun control can help the black minority in the U.S. is often countered with another example of how it has been used to work against blacks. Gun control does indeed have a history as a tool for subjugation of blacks.

After the Civil War, the defeated Southern states aimed to preserve slavery in fact if not in law. The states enacted Black Codes which barred the black freedmen from exercising basic civil rights, including the right to bear arms. Mississippi’s provision was typical: No freedman “shall keep or carry fire-arms of any kind, or any ammunition.” (source)

Gun control left the freedman defenseless against the KKK and unable to form militias to resist white terrorism. However, I fail to see how a very specific and largely closed period in American history can justify rights more than 100 years later, especially if there are contemporary examples pointing the other way.

A final self-defense argument against gun control is the possible revolution against a dictatorial government. The “people” may need firearms to rise up when government becomes tyrannical. Now, I know that there’s currently a lot of right-wing anti-Obama hysteria and paranoia doing the rounds about a supposed dictatorial plot. However, I think it’s very unlikely that any U.S. government can ever achieve tyranny, even if it very much wanted to. And suppose it did, how can you be so foolish to believe that handguns would allow the people to defeat the superior firepower of the U.S. government?

Regardless of your position on the Second Amendment, whether the Second Amendment’s right to keep and bear arms is “fundamental” to “our scheme of ordered liberty” is severely questionable.  Certainly other countries are able to have something that we would call “ordered liberty” without ironclad protection of firearms ownership rights.  And while historically there may have been instances where the ability of the citizenry to safeguard or expand “ordered liberty” via ownership of firearms, the restrictions that are allowed on the Second Amendment under Heller ensure that the government’s advantage in firepower will be insurmountable in such hypothetical circumstances nowadays. (source)

Gun control

What I personally would favor is not prohibition but extensive gun control, including bans on gun possession by felons or minors etc., bans on the open or concealed carry of guns in certain places such as schools etc. I can understand why some people think they need a gun for self-defense. The question is, however, if restrictions on gun rights will still be possible after the recent Supreme Court case, McDonald v. City of Chicago.

The argument that gun control laws don’t work and don’t bring down the number of crimes isn’t necessarily correct. You would have to measure against the counterfactual, which is very difficult: without gun control laws, crime would perhaps have gone up, so a failure to reduce crime isn’t necessarily a failure of gun control laws. Maybe they simply reduced the growth in crime rates. Also, failure to bring down crime rates may be not the fault of gun control laws but of the way they are designed or enforced. And anyway, there is evidence that gun control laws do bring down crime rates.

The Ethics of Human Rights (31): Reparations for Violations of the Human Rights of Past Generations

How should we deal with the violations of the human rights of past generations? This question is similar to one I already discussed here, namely the rights of future generations. The difference, however, is that our current actions can influence the well-being of future generations, but cannot mean anything for past generations since the people in questions are already dead. However, many people favor reparations for past rights violations that benefit the descendants of the deceased victims of those rights violations. It can be argued that these descendants still suffer the consequences of the violations inflicted on their deceased relatives.

Such reparations – also called restitutions – can take different forms:

  • restoration of lands owned by previous generations but expropriated
  • financial compensation for goods that cannot be restored (such as desecrated burial grounds)
  • financial compensation for financial loss (theft)
  • merely symbolic restoration (public apologies or amendments to textbooks etc.)
  • etc.

This kind of intergenerational justice is – just like but even more so than the forward looking kind – fraught with difficulties. I’ll describe some of those problems below, but if you want a more systematic treatment there are two good papers by Tyler Cowen here and here.

Since we have to deal, necessarily, with the descendants of the victims rather than the victims themselves, we have to take into account the time element. The claim that the descendants should be compensated somehow, at least in the case of gross violations with lasting effects such as slavery, quickly faces the difficult question of “how much?”. How much did the descendants exactly lose as a result of the ancient theft, and how much should be given back? That’s extremely difficult to determine. First you have to calculate the initial loss for the original victims. In the case of slavery for example, how much did slavery represent in financial terms: how much value did slaves produce for instance. That’s already very difficult.

But then you have to calculate the loss over generations: imagine the counterfactual that slaves could have kept the proceeds of their work, weren’t deprived of education opportunities etc., then how much would their capital have grown over time, given investments, savings etc., and how much would they have profited from their education had they received it? It’s clear that the descendants of the original victims have lost more than the initial sum of the theft that was caused by slavery. They have forgone investment opportunities, educational opportunities that can also be translated in loss of income, etc. But how much? If you take all the lost opportunities – investments, education and many others – into account, and if you deal with an original crime that is relatively far in the past, you can arrive at huge sums, perhaps even sums that are larger than the current wealth of a society.

Likewise, the descendants of the thieves – the slave owners in this case – have gained more than the amount of the initial theft, since this theft has allowed them to invest, and their better education has allowed them to compete inequitably with the descendants of the slaves. And so on. But how can you possible calculate all this? Also, how can you ever know what the descendants of the slaves would have done with the capital – financial and human – if it hadn’t been stolen from their forefathers? Can you just assume that they would have done the same thing as anyone else and use market interest rates? No, I don’t think you can. There is an infinite number of possible counterfactuals.

And that’s just one problem. You also have to make some dubious assumptions. First, you have to assume that you can unequivocally identify the original victims and their descendants, and the original perpetrators and their descendants. How else can you redistribute? If you just assume that all whites in the U.S. are to blame for slavery and all blacks are to benefit from reparations for slavery, you’ll be punishing and rewarding people who don’t deserve it. Some whites fought against slavery and some blacks collaborated. The descendants of those whites don’t deserve to pay restitutions. Also, you have to assume that there hasn’t been any genetic exchange between the victims and the thieves, and that’s demonstrably wrong. How will you treat the descendants of a child born from a slave and her owner? As a victim or a perpetrator, or both? That doesn’t make any sense.

There’s also the point, made by Derek Parfit, that the exact individuals who comprise the descendant generations would not have been born had the initial violation not occurred. A state of slavery for instance has enormous consequences for marriage, intercourse etc. In other words, since the descendants would not have been born without the initial violation, in a sense they can be said to have benefited from the violation. They now exist, where otherwise they wouldn’t have existed. To exist is obviously better than not to exist (at least in most cases, or I’m completely wrong about humanity). In another counterfactual you can claim that the descendants of slaves for instance don’t actually benefit from slavery, but that the negative consequences they suffer from the slavery of their forefathers don’t grow worse over time (see above) but tend to fade away. Their current predicament is caused by more recent events rather than old history.

And there are numerous other problems (for example, if you go back sufficiently far in time, all of us have ancestors who were oppressed; should we all receive restitutions?). So, given all this, does justice require some form of reparation for the most serious and widespread human rights violations of the past? We may not know exactly how much we have to pay or what exactly we should do to right the wrong. We also don’t know exactly who should benefit or pay. And maybe there are conflicting movements: for some reasons, the injury grows over time, but perhaps for other reasons it diminishes (genetic exchange, diminishing rates of return on capital etc.). Nevertheless, it may be good public policy to admit the mistakes of the past and also to put your money where your mouth is, especially when it’s obvious that current generations continue to suffer to some extent (as is the case for African-Americans for instance).

However, personally I feel that the focus should be, not on restitutions for violations of the past but on protection for violations of the present. If African-Americans in the U.S. are currently in a disadvantaged position (which is often the case), then their current rights are violated and we should do something about that, whatever the causes of those violations. These causes are in part the violations of the rights of their ancestors, which still have an effect today and produce violations of the rights of descendants. If these descendants suffer from poverty and poor education, it can be helpful to know the causes, even if some of these are far back in time, but ultimately these causes don’t change the nature of the current violations, or the nature of current obligations. These people have a right to assistance and education, just as much, not more or less, as other people who suffer the same violations but who are not descendants of people who suffered centuries ago. So in a sense we don’t need restitutions to do something. Current rights violations are sufficient reasons to act.

Hate (7): Should Hate Crime Laws Cover Attacks on Pedophiles?

I won’t repeat my somewhat hesitant argument in favor in hate crime laws (you can go here, for instance). The more limited question I want to talk about today is whether such laws should not only cover hate attacks against blacks, gays etc. but also attacks against pedophiles. (I guess some of those attacks, when they occur, follow publication of the addresses of pedophiles in so-called registers, a topic of a separate post). In case you’re wondering, there are some jurisdictions that have included attacks on pedophiles in their hate crime laws (New South Wales in Australia is an example).

At first sight, it would seem reasonable to include attacks on pedophiles. Hate crime is a crime that is motivated or aggravated by prejudice, hate or contempt for a specific group of people. People can be victims of hate crime, not just because of their mere membership of a group – sometimes, people get beaten up just for being black, for instance – but also because of the activities that they engage in and that are deemed immoral by the wider community – attacks on gays fall under this heading. You could claim that attacks on pedophiles are similar. But I don’t think they are.

Before I say why, let me be absolutely clear: I don’t approve of mob attacks on pedophiles or vigilante violence against them. Far from it. I merely believe that such attacks shouldn’t be covered by hate crime laws. They should be illegal as any other violent attack, but the sentencing or penalties shouldn’t be increased on account of the incontestable hatred of the motivations, as is usually the case in hate crime.

Now, why do I believe that hate crime legislation can often be beneficial but not in the case of pedophiles? Not because I think that pedophiles are less “deserving” than other groups that do and should enjoy the protection of hate crime laws. Obviously they are less deserving but that’s not the reason. Remember the rationale behind hate crime laws: they are intended to avoid situations in which hate crime can stigmatize and terrorize discriminated minorities. By punishing violent attacks against such minorities more severely than actions that are similar but otherwise motivated (i.e. the stabbing of a black person for his wallet rather than because of his race) we can discourage intentional stigmatization and intimidation of an entire group, and we therefore contribute to the ultimate equality of those groups and to the ideal of a tolerant and diverse society. Hate crime laws signal that the larger society is behind the minorities and willing to protect them and elevate them to equal rank. They signal not only that violence as such is wrong, but also violence directed at the marginalization and intimidation of entire groups.

We don’t want any of this for pedophiles. We don’t want them to suffer violent attacks, but neither do we want to grant them equal standing. Moral condemnation of their activities is not unjustified, and they aren’t a persecuted minority. Their activities harm non-consensual parties, which can’t be said of gays, blacks etc. and hence they do not deserve equal standing.

Some would say that the case of the pedophiles undermines the whole idea of hate crime because it shows that hate crime laws inexorably lead to a widening of protected groups and put us on a slippery slope towards an increasing criminalization of society (“what next: make it a hate crime to slash the wheels of SUVs?”). But I don’t think that’s correct. Slippery slope arguments are too easy.

Capital Punishment (28): Extreme “Tinkering With the Machinery of Death” in the U.S.

The title of this blog post refers to a famous quote by former US Supreme Court Justice Harry A. Blackmun. It’s my belief that the U.S. Supreme Court, in its desire to both uphold capital punishment and simultaneously limit its scope, has maneuvered itself into an incoherent position. It has “tinkered with the machinery of death” to such an extent that the application of capital punishment in the U.S. should be viewed as a complete mess, even by those of us who don’t have an instinctive repulsion for capital punishment, who don’t make a philosophical or moral argument against it, and who don’t agree that there are so-called “systemic problems” in the application of capital punishment in the U.S. (as opposed to the moral problems of capital punishment per se), such as

  • the racist component
  • the discussions about non-cruel methods
  • the failure of legal representation
  • the extensive appeals procedures
  • the sadistic death row phenomenon
  • or the lack of deterrence.

(For irregular readers, I’m personally convinced that there are moral reasons not to apply the death penalty, and that these are sufficient reasons. I view both the systemic problems cited above and the inconsistent reasoning of the Supreme Court discussed below as supplementary reasons for those who are difficult to convince with moral reasons alone).

Here’s an overview of some of the contradictory judgments of the Supreme Court. There’s a tendency, among many supporters of the death penalty in the U.S., to extend its reach beyond homicide. (I believe that’s a natural tendency, especially for those counting on a deterrent effect. If the main objective of capital punishment is the deterrence of crime, then why stop at homicide? There are many other heinous crimes that could possible be reduced with an effective deterrent and if it can be argued – but I doubt it – that capital punishment is such an effective deterrent, then why shy away of it?).

In Coker v. Georgia, the Court had to decide whether the crime of rape of an adult woman warrants the penalty of death. The Court argued that it doesn’t, since rape does not mean taking a life. Again, in Enmund v. Florida (does a homicide accomplice who does not kill or attempt to kill deserve the death penalty?), the Court judged that capital punishment should not be a possible punishment for crimes that do not involve the death of another human being. (This is part of the doctrine of proportionality, see below).

And yet, in Kennedy v. Louisiana, the Court stated that crimes against the state, such as treason and espionage, but also terrorism and drug kingpins etc. may be deserving of death even if no loss of life was involved. I find this distinction highly arbitrary. From the point of view of an opponent of capital punishment such as me, it’s obviously good that the Court imposes some restrictions on the sentence, but doing so in this arbitrary way just serves to undermine the legitimacy of these restrictions and opens the door to future reversals.

Another restriction imposed by the Court is based on the degree of culpability of offenders and their capacity to evaluate and control their actions. In Thompson v. Oklahoma for instance, the Court examined the constitutionality of executing child offenders (under the age of 16). The Court decided that children are generally less culpable for their crimes because, compared to adults, they are

  • less able to judge the consequences of their actions
  • more emotional and less able to control their actions
  • less prone to “cold calculation” and therefore there is less reason to assume a deterrent effect.

Moreover, the Court assumed that offenses by the young represent a failure of society, school and the family:

youth crime as such is not exclusively the offender’s fault; offenses by the young also represent a failure of family, school, and the social system, which share responsibility for the development of America’s youth. (source)

Again, nice to see the Court limiting the scope of the death penalty, but why assume that adult criminals don’t also represent a failure of society? If young people offend because of failure of the educational system for instance, is it safe to assume that these causes magically disappear after a certain age? (Of course, I don’t assume that “society” causes all crime, but crime does, in certain cases, have causes beyond the decisions of the criminals). And are there really no adults who are relatively less able to judge the consequences of their actions and act in a non-emotional and calculated way?

Yes, says the Court, but at the same time it limits this category of adults in a somewhat arbitrary way to the mentally retarded (for example Atkins v. Virginia). I believe the reduced culpability of the mentally retarded is obviously a good thing, but why stop there? Aren’t there any “non-retards” who also can claim diminished culpability? And, anyway, where to put the border between the retarded and the rest? There’s always going to be a gray zone, and hence arbitrariness.

Furthermore, recent judgments of the Court tend towards undoing the restriction on capital punishment based on diminished culpability. Scalia for instance (dissenting in Atkins v. Virginia) claimed that culpability and deservedness depend not only on the mental capacity of the criminal but also on the depravity of the crime. One can read this as a justification of capital punishment even for children or the mentally retarded if their crime is depraved enough.

In Kennedy v. Louisiana, the Court also expressed contradictory views on deterrence. Deterrence has always been an important justification for the Court, but in Kennedy v. Louisiana the Court decided that in the case of child rapists, capital punishment would encourage rather than deter the crime. It claimed, correctly I think, that the death penalty for this crime could encourage non-reporting. A third party, for example the wife of the rapist, could decide not to report the offender for fear of capital punishment, which then leads to the continuation of the crime, and hence the failure of deterrence.

Again, a welcome restriction from the point of view of an abolitionist, but also a highly arbitrary one. The same non-reporting effect of the death penalty can occur in other types of crime. Moreover, the consideration of counter-deterrence effects in this case is very unusual for a Court that consistently ignores evidence against the deterrent effect.

Finally, the argument of proportionality cited above and used against capital punishment for crimes such as rape (see also Gregg v. Georgia) is a welcome limit, but it also is an argument that’s used very selectively and arbitrarily by the Court. In non-capital cases, the Court often refuses to consider the lack of proportionality as a reason to undo decisions of other courts. In Rummel v. Estelle for instance, the Court refused to see anything wrong with a sentence of life imprisonment for obtaining $120.75 by false pretences!

All these inconsistencies and arbitrary limits and restrictions in the Supreme Court’s handling of capital punishment have turned this sentence into a shambles. Many of us think it’s much worse than that, but a shambles may be a sufficient reason for others to review the practice.

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.

The Causes of Human Rights Violations (20): Stereotype Threat, Ctd.

In a previous post about the stereotype threat, I defined it as follows: the threat of stereotypes about one’s capacity to succeed at something reduces the chances of success; when the belief that people like you (African-Americans, women, etc) are worse at a particular task than the comparison group (whites, men, etc) is made prominent, you perform worse at that task.

Here’s some new evidence:

The paper explains how workers’ expectations of being discriminated against can be self confirming, accounting for the persistence of unequal outcomes in the labour market even beyond the causes that originally generated them. The theoretical framework used is a two stage game of incomplete information in which one employer promotes only one among two workers after having observed their productivity, which is used as a signal of their ability. Workers who expect to be discriminated against exert a lower effort on average, because of a lower expected return, thereby being promoted less frequently even by unbiased employers. This implies that achievements of minority groups may not improve when the fraction of discriminatory employers actually decreases, and such a mechanism is robust both to trial work periods and to affirmative actions like quotas. (source)

Racism (12): Blacks and Apes

Historical representations explicitly depicting Blacks as apelike have largely disappeared in the United States, yet a mental association between Blacks and apes remains. Here, the authors demonstrate that U.S. citizens implicitly associate Blacks and apes. In a series of laboratory studies, the authors reveal how this association influences study participants’ basic cognitive processes and significantly alters their judgments in criminal justice contexts. Specifically, this Black-ape association alters visual perception and attention, and it increases endorsement of violence against Black suspects. In an archival study of actual criminal cases, the authors show that news articles written about Blacks who are convicted of capital crimes are more likely to contain ape-relevant language than news articles written about White convicts. Moreover, those who are implicitly portrayed as more apelike in these articles are more likely to be executed by the state than those who are not. The authors argue that examining the subtle persistence of specific historical representations such as these may not only enhance contemporary research on dehumanization, stereotyping, and implicit processes but also highlight common forms of discrimination that previously have gone unrecognized. (source)

The Causes of Human Rights Violations (18): Stereotype Threat and Michel Foucault

There’s an interesting phenomenon called the stereotype threat, or, in other words, the threat of stereotypes about one’s capacity to succeed at something: when the belief that people like you (African-Americans, women, etc) are worse at a particular task than the comparison group (whites, men, etc) is made prominent, you perform worse at that task. (Some say that this is a type of confirmation bias, a tendency for people to prefer information that confirms their existing preconceptions – they selectively collect new evidence, interpret evidence in a biased way or selectively recall information from memory. But I’m not convinced).

A typical example of stereotype threat manifests itself when a categorical group is told or shown that their group’s performance is worse than other groups before giving them a test; the test results are often abnormally lower than for control groups. For example, on a mathematics test, if you remind a group of girls that boys tend to do better on this type of test, it is likely that the girls will do more poorly on the test than they would have had they not been told. (source)

Here’s another example:

[Irwin] Katz found that Blacks were able to score better on an IQ test, if the test was presented as a test of eye-hand coordination. Blacks also scored higher on an IQ test when they believed the test would be compared to that of other blacks. Katz concluded that his subjects were thoroughly aware of the judgment of intellectual inferiority held by many white Americans. With little expectation of overruling this judgment, their motivation was low, and so were their scores. (source)

Indeed, that could be one explanation of the stereotype threat. Or it could simply be that people score worse because they are anxious about confirming the stereotype, and that this anxiety provokes stress because of the will to do well and prove that the prejudice is wrong. Ironically, they score worse: this anxiety and stress makes them less able to perform at normal levels. Or it could be something more sinister: something like internalization of oppression. People who suffered prejudice for centuries can perhaps convince themselves of their group’s inferiority. When this inferiority is made explicit beforehand, they are reminded of it, and somehow their recollected feelings of inferiority tweak their performance.

So inferior test results – compared to control groups who haven’t been exposed to explicit stereotypes before the test – can be caused by

  • a lack of motivation to disprove entrenched and difficult to change prejudices
  • stress and anxiety, or
  • recollected feelings of inferiority.

Or perhaps something else I’m not thinking of at the moment.

Some say that this is all crap, and an extreme example of the file drawer effect or publication bias: those studies that find positive results are more likely to be published, the others stay in the file drawer. I don’t know. I do think it’s true that whatever the reality of the stereotype threat, talk about it can have perverse effects: differences in test scores are considered to be wholly explained by the threat, and real education discrimination or differences in economic opportunities are removed from the picture. In that way, the stereotype threat functions as a solidifier of prejudice and stereotype, quite the opposite of what was intended.

Assuming the threat is real, Michel Foucault comes to mind. Foucault wrote about power and the different ways it operates. Rather than just force or the threat of force, he found “an explosion of numerous and diverse techniques for achieving subjugation”. If you can convince people of their own inferiority you don’t have to do anything else. They will take themselves down. Or at least you may be able to convince people that it’s useless to struggle against prejudice because it’s so entrenched that you may as well adapt your behavior and confirm it. Also, Foucault’s claim that “power is everywhere” can be used here: power over people is even in their own minds. For Foucault,

power is not enforcement, but ways of making people by themselves behave in other ways than they else would have done. … Foucault claims belief systems gain momentum (and hence power) as more people come to accept the particular views associated with that belief system as common knowledge. Such belief systems define their figures of authority, such as medical doctors or priests in a church. Within such a belief system—or discourse—ideas crystallize as to what is right and what is wrong, what is normal and what is deviant. Within a particular belief system certain views, thoughts or actions become unthinkable. These ideas, being considered undeniable “truths”, come to define a particular way of seeing the world, and the particular way of life associated with such “truths” becomes normalized. (source)

The stereotype threat is a good example of a system that makes people behave in other ways, and of a belief system (based on prejudice) that becomes common knowledge, even among those targeted by the prejudice. Even they see it as unthinkable that their own inferiority is prejudice rather than knowledge.

Migration and Human Rights (26): The “Criminal Immigrant” Stereotype, Ctd.

Contrary to right-wing rhetoric and popular belief (examples here and here), there isn’t much of a correlation between Latino immigration in the U.S. and crime rates. There’s an interesting new article about this here confirming my previous claims (to make it even more interesting: it’s from a conservative magazine).

Nearly all of the most heavily Latino cities have low or even extremely low crime rates, and virtually none have rates much above the national average. Eighty percent Latino El Paso has the lowest homicide and robbery rates of any major city in the continental United States. This is not what we would expect to find if Hispanics had crime rates far higher than whites. Individual cities may certainly have anomalously low crime rates for a variety of reasons, but the overall trend of crime rates compared to ethnicity seems unmistakable.

Maybe we should assume that the numbers are bit too rosy because of the tendency of illegal immigrants to underreport crime (although the article tries to correct for underreporting by comparing homicides – almost no underreporting – to overall crime). Also, the likelihood of underreporting by illegal immigrants can be offset by a possibly equal effect of criminal restraint on the part of illegal immigrants: for the same reasons that they underreport crime – fear of contacting the authorities and being identified as illegal immigrants – they stay out of trouble with the police and try to act decently.

However, if we look at it from another side, we see that incarceration data show somewhat higher levels for Hispanics or immigrants (although most Hispanics are American-born, the vast majority still comes from a relatively recent immigrant background):

the age-adjusted Hispanic incarceration rate is somewhat above the white rate—perhaps 15 percent higher on average. (source)

Still, one can’t simply conclude from this that crime is more rampant among Hispanics or immigrants. It’s still possible that instead of higher criminality we simply witness the result of harsher treatment of those sections of the population by the judicial system. Also, incarceration rates are inflated because many immigrants are in jail not because of ordinary crimes, but because of infractions of immigration law; you should exclude the latter if you want to compare Hispanic and white criminality (unless you consider infractions of immigration law as essentially equivalent to ordinary crime, which is not altogether insane; but the point of this post is to examine the claim that there are more ordinary criminals among Hispanic immigrants than among [longtime] citizens).

In addition, you should correct incarceration rates for age and gender: in general, most criminals are young men, and it happens to be the case that most immigrants are also young men. So the likelihood that immigrants end up in prison is – slightly – higher compared to the general population, not because they’re Hispanics but because they are young men. Any other, non-immigration related influx of young men in a certain area – e.g. military demobilization or a huge construction project – would have an effect on crime. (If you don’t correct for this, you’re making a common statistical mistake: see here for other examples of the “omitted variable bias”).

Finally, immigrants are relatively poor and there is a link between poverty and crime. So that can also explain the higher incarceration rate for immigrants. If you link the higher probability of poor people engaging in crime with the fact that poor people have lower quality legal representation, you have a double explanation. So, again, if Hispanics do end up in jail more often, perhaps it’s because they’re relatively poor, not because they are Hispanics and somehow racially prone to crime.

All this is limited to the U.S. People can still make the case that immigration in other countries promotes crime, but that case is made harder by the false claims about the U.S. (At least in France there’s no proof of the share of immigrants in the population having a significant impact on crime rates). These false claims are always based on anecdotes, and you’ll always be able to find criminals with foreign sounding names in order to whip up a frenzy against immigration, thereby satisfying your racist hunger and building a political following of ill-informed voters. Again a clear demonstration of the usefulness of statistical analysis in human rights issues and the danger of anecdotal reasoning.

Bonus paper here. Quote:

We examine whether the improvement in immigrants’ relative incarceration rates over the last three decades is linked to increased deportation, immigrant self-selection, or deterrence. Our evidence suggests that deportation does not drive the results. Rather, the process of migration selects individuals who either have lower criminal propensities or are more responsive to deterrent effects than the average native. Immigrants who were already in the country reduced their relative institutionalization probability over the decades; and the newly arrived immigrants in the 1980s and 1990s seem to be particularly unlikely to be involved in criminal activity.

More on migration.

Discrimination (2): Racial and Gender Discrimination in Adoption

Both straight and gay adoptive parents [in the U.S.] are likely to exhibit racial and sex-based biases when applying to adopt a child, a new study finds. … The authors found that girls are consistently preferred to boys. For non-African-American babies, for example, the probability that a prospective adoptive parent expresses interest in such a baby is 11.5 percent if the baby is a girl and 7.9 percent if the baby is a boy.

Interestingly, in many cultures the preference for biological children runs in the opposite direction, with parents strongly preferring boys instead of girls. The authors suggest that this preference for girls in cases of adoptive children may be because adoptive parents “fear dysfunctional social behavior in adopted children and perceive girls as ‘less risky’ than boys in that respect.”

Additionally, Caucasians and Hispanics are consistently preferred to African-Americans. The probability that a non-African-American baby will attract the interest of an adoptive parent is at least seven times as high as the corresponding probability for an African-American baby. The desire for white babies can be partly, but not fully, explained by the fact that most of the adoptive parents in this data set were white; previous research has found that adoptive parents often want children who look similar to themselves. …

In some ways, gay adoptive parents were more “selective”. Somewhat ironically (at least considering the continued social prejudice against their own family structures), same-sex couples and single women appeared to exhibit even stronger prejudice in favor of girls and against African-American babies than their opposite-sex couple counterparts. (source)

This paper finds that the cost of adopting a black baby needs to be $38,000 lower than the cost of a white baby, in order to make parents indifferent to race. Boys will need to cost $16,000 less than girls (source). The latter point seems to contradict the son preference for live births in many countries (leading even to gendercide).

Racism (11): Race and Employment, Ctd.

This study shows that black men without a criminal record are less likely to be called back for a job interview than white men with a criminal record.

These data were collected during an experiment in which different testers applied for the same jobs advertised in newspapers. The testers had fake credentials that made them equivalent in terms of education, job experience, and so on. The testers were either black and white. Some testers from each group were instructed to indicate that they had a past non-criminal drug possession offense. The data would undoubtedly have shown an even more dismal picture had the testers faked a record for a property or violent crime.

Whites with a criminal record are more than 3 times more likely to get a callback than blacks with a criminal record.

Racism (10): Race and Health

African Americans in the U.S. are more likely to die of cancer. It seems that a similar disparity exists for strokes and lead poisoning.

Many ethnic groups have a higher death rate from stroke than non-Hispanic whites. Although the death rate from stroke nationwide dropped 70% between 1950 and 1996, minorities the decline was greatest in non-Hispanic whites. The greatest number of stroke deaths compared to whites occurred in African-Americans and Asians/Pacific Islanders. Excess deaths among racial/ethnic groups could be a result of a greater frequency of stroke risk factors, including obesity, hypertension, physical inactivity, poor nutrition, diabetes, smoking and socioeconomic factors such as lack of health insurance. (source)

Lead poisoning causes, i.a., cognitive delay, hyperactivity, and antisocial behavior.

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 (23): The Omitted Variable Bias, Ctd.

You see a correlation between two variables, for example clever people wear fancy clothes. Then you assume that one variable must cause the other, in our case: a higher intellect gives people also a better sense of aesthetic taste, or good taste in clothing somehow also makes people smarter. In fact, you may be overlooking a third variable which explains the other two, as well as their correlation. In our case: clever people earn more money, which makes it easier to buy your clothes in shops which help you with your aesthetics.

Here’s an example from Nate Silver’s blog:

Gallup has some interesting data out on the percentage of Americans who pay a lot of attention to political news. Although the share of Americans following politics has increased substantially among partisans of all sides, it is considerably higher among Republicans than among Democrats:

The omitted variable here is age, and the data should be corrected for it in order to properly compare these two populations.

News tends to be consumed by people who are older and wealthier, which is more characteristic of Republicans than Democrats.

People don’t read more or less news because they are Republicans or Democrats. And here’s another one from Matthew Yglesias’ blog:

It’s true that surveys indicate that gay marriage is wildly popular among DC whites and moderately unpopular among DC blacks, but I think it’s a bit misleading to really see this as a “racial divide”. Nobody would be surprised to learn about a community where college educated people had substantially more left-wing views on gay rights than did working class people. And it just happens to be the case that there are hardly any working class white people living in DC. Meanwhile, with a 34-48 pro-con split it’s hardly as if black Washington stands uniformly in opposition—there’s a division of views reflecting the diverse nature of the city’s black population.

Lies, Damned Lies, and Statistics (10): How (Not) to Frame Survey Questions

I’ve mentioned before that information on human rights depends heavily on opinion surveys. Unfortunately, surveys can be wrong and misleading for so many different reasons that we have to be very careful when designing surveys and when using and interpreting survey data. One reason I haven’t mentioned before is the framing of the questions.

Even very small differences in framing can produce widely divergent answers. And there is a wide variety of problems linked to the framing of questions:

  • Questions can be leading questions, questions that suggests the answer. For example: “It’s wrong to discriminate against people of another race, isn’t it?” Or: “Don’t you agree that discrimination is wrong?”
  • Questions can be put in such a way that they put pressure on people to give a certain answer. For example: “Most reasonable people think racism is wrong. Are you one of them?” This is also a leading question of course, but it’s more than simply “leading”.
  • Questions can be confusing or easily misinterpreted. Such questions often include a negative, or, worse, a double negative. For example: “Do you agree that it isn’t wrong to discriminate under no circumstances?” Needless to say that your survey results will be infected by answers that are the opposite of what they should have been.
  • Questions can be wordy. For example: “What do you think about discrimination (a term that refers to treatment taken toward or against a person of a certain group that is based on class or category rather than individual merit) as a type of behavior that promotes a certain group at the expense of another?” This is obviously a subtype of the confusing-variety.
  • Questions can also be confusing because they use jargon, abbreviations or difficult terms. For example: “Do you believe that UNESCO and ECOSOC should administer peer-to-peer expertise regarding discrimination in an ad hoc or a systemic way?”
  • Questions can in fact be double or even triple questions, but there is only one answer required and allowed. Hence people who may have opposing answers to the two or three sub-questions will find it difficult to provide a clear answer. For example: “Do you agree that racism is a problem and that the government should do something about it?”
  • Open questions should be avoided in a survey. For example: “What do you think about discrimination?” Such questions do not yield answers that can be quantified and aggregated.
  • You also shouldn’t ask questions that exclude some possible answers, and neither should you provide a multiple-choice set of answers that doesn’t include some possible answers. For example: “How much did the government improve its anti-discrimination efforts relative to last year? Somewhat? Average? A lot?” Notice that such a framing of the question doesn’t allow people to respond that the effort had not improved or had worsened. Another example: failure to include “don’t know” as a possible answer.

Here’s a real-life example:

In one of the most infamous examples of flawed polling, a 1992 poll conducted by the Roper organization for the American Jewish Committee found that 1 in 5 Americans doubted that the Holocaust occurred. How could 22 percent of Americans report being Holocaust deniers? The answer became clear when the original question was re-examined: “Does it seem possible or does it seem impossible to you that the Nazi extermination of the Jews never happened?” This awkwardly-phrased question contains a confusing double-negative which led many to report the opposite of what they believed. Embarrassed Roper officials apologized, and later polls, asking clear, unambiguous questions, found that only about 2 percent of Americans doubt the Holocaust. (source)

Migration and Human Rights (21): China’s Demographic Aggression and Provocation of Racism, The Cases of Tibet and Xinjiang

If only Han Chinese inhabit Tibet, what is the meaning of autonomy? Dalai Lama (source)

The recent protests and violence by Uighurs in China’s Xinjiang province are reminiscent of the March 2008 protests in Tibet. Like the Tibetans, the Uighurs believe that they are colonized by Han Chinese who have settled in the Tibetan and Uighur provinces in large numbers, and continue to do so. (92% of Chinese are Han). As a result, the ethnic Turkic Muslim Uighurs now make up less than half of the 20m population in their province, and probably less given the tendency of official Chinese statistics to underestimate internal migration flows. This is compared to 75% in 1949. (In Tibet, the indigenous population is still the majority according to official statistics, but this is likely to change with the new train link to the province).

It is widely accepted that these migration flows are part of official Chinese government policy. Populating border regions with Han Chinese is believed to lessen separatist tensions and demands for autonomy, and is handy when it comes to expropriating the local resources. The local populations however see this as demographic aggression and an attack on their culture. If their land is taken over, so will their culture, language, traditions and religion. In Xinjiang, evidence of this is the prohibition on headscarves, the languages used in schools etc.

Not surprisingly, these policies of demographic aggression – which the Dalai Lama has called a form of cultural genocide – combined with other authoritarian policies, provoke a reaction, and unfortunately, this reaction often takes the form of anti-Han racism. (Most victims of the recent clashes in Tibet and Xinjiang were Han, although – as usual – the victims of the government’s reaction don’t get mentioned).