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How the Pot Got to Call the Kettle Black
Stanley Fish
I take my text from George Bush, who, in an address to the United Nations on September
23, 1991, said this of the UN resolution equating Zionism with racism: "Zionism is the
idea that led to the creation of a home for the Jewish people... And to equate Zionism
with the intolerable sin of racism is to twist history and forget the terrible plight of Jews
in World War II and indeed throughout history." What happened in the Second World
War was that six million Jews were exterminated by people who regarded them as
racially inferior and a danger to Aryan purity. What happened after the Second World
War was that the survivors of that Holocaust established a Jewish state--that is, a state
centered on Jewish history, Jewish values, and Jewish traditions: in short, a Jewocentric
state. What President Bush objected to was the logical sleight of hand by which these two
actions were declared equivalent because they were both expressions of racial
exclusiveness. Ignored, as Bush said, was the historical difference between them--the
difference between a program of genocide and the determination of those who escaped it
to establish a community in which they would be the makers, not the victims, of the laws.
Only if racism is thought of as something that occurs principally in the mind, a
falling-away from proper notions of universal equality, can the desire of a victimized and
terrorized people to band together be declared morally identical to the actions of their
would-be executioners. Only when the actions of the two groups are detached from the
historical conditions of their emergence and given a purely abstract description can they
be made interchangeable. Bush was saying to the United Nations, "Look, the Nazis'
conviction of racial superiority generated a policy of systematic genocide; the Jews'
experience of centuries of persecution in almost every country on earth generated a desire
for a homeland of their own. If you manage somehow to convince yourself that these are
the same, it is you, not the Zionists, who are morally confused, and the reason you are
morally confused is that you have forgotten history."
A KEY DISTINCTION
What I want to say, following Bush's reasoning, is that a similar forgetting of
history has in recent years allowed some people to argue, and argue persuasively, that
affirmative action is reverse racism. The very phrase "reverse racism" contains the
argument in exactly the form to which Bush objected: In this country whites once set
themselves apart from blacks and claimed privileges for themselves while denying them
to others. Now, on the basis of race, blacks are claiming special status and reserving for
themselves privileges they deny to others. Isn't one as bad as the other? The answer is no.
One can see why by imagining that it is not 1993 but 1955, and that we are in a town in
the South with two more or less distinct communities, one white and one black. No doubt
each community would have a ready store of dismissive epithets, ridiculing stories, self-serving folk myths, and expressions of plain hatred, all directed at the other community,
and all based in racial hostility. Yet to regard their respective racisms--if that is the
word--as equivalent would be bizarre, for the hostility of one group stems not from any
wrong done to it but from its wish to protect its ability to deprive citizens of their voting
rights, to limit access to educational institutions, to prevent entry into the economy except
at the lowest and most menial levels, and to force members of the stigmatized group to
ride in the back of the bus. The hostility of the other group is the result of these actions,
and whereas hostility and racial anger are unhappy facts wherever they are found, a
distinction must surely be made between the ideological hostility of the oppressors and
the experience-based hostility of those who have been oppressed.
Not to make that distinction is, adapting George Bush's words, to twist history
and forget the terrible plight of African Americans in the more than 200 years of this
country's existence. Moreover, to equate the efforts to remedy that plight with the actions
that produced it is to twist history even further. Those efforts, designed to redress the
imbalances caused by long-standing discrimination, are called affirmative action; to argue
that affirmative action, which gives preferential treatment to disadvantaged minorities as
part of a plan to achieve social equality, is no different from the policies that created the
disadvantages in the first place is a travesty of reasoning. "Reverse racism" is a cogent
description of affirmative action only if one considers the cancer of racism to be morally
and medically indistinguishable from the therapy we apply to it. A cancer is an invasion
of the body's equilibrium, and so is chemotherapy; but we do not decline to fight the
disease because the medicine we employ is also disruptive of normal functioning. Strong
illness, strong remedy: the formula is as appropriate to the health of the body politic as it
is to that of the body proper.
At this point someone will always say, "But two wrongs don't make a right; if it
was wrong to treat blacks unfairly, it is wrong to give blacks preferences and thereby treat
whites unfairly." This objection is just another version of the forgetting and rewriting of
history. The work is done by the adverb "unfairly," which suggests two more or less
equal parties, one of whom has been unjustly penalized by an incompetent umpire. But
blacks have not simply been treated unfairly; they have been subjected first to decades of
slavery, and then to decades of second-class citizenship, widespread legalized
discrimination, economic persecution, educational deprivation, and cultural
stigmatization. They have been bought, sold, killed, beaten, raped, excluded, exploited,
shamed, and scorned for a very long time. The word "unfair" is hardly an adequate
description of their experience, and the belated gift of "fairness" in the form of a
resolution no longer to discriminate against them legally is hardly an adequate remedy for
the deep disadvantages that the prior discrimination has produced. When the deck is
stacked against you in more ways than you can even count, it is a small consolation to
hear that you are now free to enter the game and take your chances.
A TILTED FIELD
The same insincerity and hollowness of promise infect another formula that is
popular with the anti-affirmative-action crowd: the formula of the level playing field.
Here the argument usually takes the form of saying, "It is undemocratic to give one class
of citizens advantages at the expense of other citizens; the truly democratic way is to have
a level playing field to which everyone has access and where everyone has a fair and
equal chance to succeed on the basis of his or her merit." Fine words--but they conceal
the facts of the situation as it has been given to us by history: the playing field is already
tilted in favor of those by whom and for whom it was constructed in the first place. If
mastery of the requirements for entry depends upon immersion in the cultural experiences
of the mainstream majority, if the skills that make for success are nurtured by institutions
and cultural practices from which the disadvantaged minority has been systematically
excluded, if the language and ways of comporting oneself that identify a player as "one of
us" are alien to the lives minorities are forced to live, then words like "fair" and "equal"
are cruel jokes, for what they promote and celebrate is an institutionalized unfairness and
a perpetuated inequality. The playing field is already tilted, and the resistance to altering
it by the mechanisms of affirmative action is in fact a determination to make sure that the
present imbalances persist as long as possible.
One way of tilting the field is the Scholastic Aptitude Test. This test figures
prominently in Dinish D'Souza's book Illiberal Education (1991), in which one finds
many examples of white or Asian students denied admission to colleges and universities
even though their SAT scores were higher than the scores of some others--often African
Americans--who were admitted to the same institution. This, D'Souza says, is evidence
that as a result of affirmative-action policies colleges and universities tend "to depreciate
the importance of merit criteria in admissions." D'Souza's assumption--and it is one that
many would share--it that the test does in fact measure merit, with merit understood as a
quality objectively determined in the same way that body temperature can be objectively
determined.
In fact, however, the test is nothing of the kind. Statistical studies have suggested
that test scores reflect income and socioeconomic status. It has been demonstrated again
and again that scores vary in relation to cultural background; the test's questions assume a
certain uniformity in educational experience and lifestyle and penalize those who, for
whatever reason, have had a different experience and lived different kinds of lives. In
short, what is being measured by the SAT is not absolutes like native ability and merit
but accidents like birth, social position, access to libraries, and the opportunity to take
vacations or to take SAT prep courses.
Furthermore, as David Owen notes on None of the Above: Behind the Myth of
Scholastic Aptitude (1985), the "correlation between SAT scores and college grades is
lower than the correlation between weight and height; in other words you would have a
better chance of predicting a person's height by looking at his weight than you would of
predicting his freshman grades by looking only at his SAT scores." Everywhere you look
in the SAT story, the claims of fairness, objectiveness, and neutrality fall away, to be
replaced by suspicions of specialized measures and unfair advantages.
Against this background a point that in isolation might have a questionable force
takes on a special and even explanatory resonance: the principal devisor of the test was
an out-an-out racist. In 1923 Carl Campbell Brigham published a book called A Study of
American Intelligence, in which, as Owen notes, he declared, among other things, that we
faced in America "a possibility of racial admixture infinitely worse than that faced by
any European country today, for we are incorporating the Negro into our racial stock,
while all of Europe is comparatively free of this taint." Brigham had earlier analyzed the
Army Mental Tests using classifications drawn from another racist text, Madison Grant's
The Passing of the Great Race, which divided American society into four distinct racial
strains, with Nordic, blue-eyed, blond people at the pinnacle and the American Negro at
the bottom. Nevertheless, in 1925 Brigham became a director of testing for the College
Board, and developed the SAT. So here is the great SAT test, devised by a racist in order
to confirm racist assumptions, measuring not native ability but cultural advantage, an
uncertain indicator of performance, an indicator of very little except what money and
social privilege can buy. And it is in the name of this mechanism that we are asked to
reject affirmative action and reaffirm "the importance of merit criteria in admissions."
THE REALITY OF DISCRIMINATION
Nevertheless, there is at least one more card to play against affirmative action, and
it is a strong one. Granted that the playing field is not level and that access to it is
reserved for an already advantaged elite, the disadvantages suffered by others are less
racial--at least in 1993--than socioeconomic. Therefore shouldn't, as D'Souza urges,
"universitiesÖ retain their policies of preferential treatment, but alter their criteria of
application from race to socioeconomic disadvantage," and thus avoid the unfairness of
current policies that reward middle-class or affluent blacks at the expense of poor whites?
One answer to this question is given by D'Souza himself when he acknowledges that the
overlap between minority groups and the poor is very large--a point underscored by the
former Secretary of Education Lamar Alaxander, who said, in response to a question
about funds targeted for black students, "Ninety-eight percent of race-specific
scholarships do not involve constitutional problems." He meant, I take it, that 98 percent
of the race-specific scholarships were also scholarships to the economically
disadvantaged.
Still, the other two percent--nonpoor, middle-class, economically favored
blacks--are receiving special attention on the basis of disadvantages they do not
experience. What about them? The force of race could not possibly be a serious
disadvantage to those who are otherwise well positioned in the society. But the lie was
given dramatically to this assumption in a 1991 broadcast of the ABC program
PrimeTime Live. In a stunning fifteen-minute segment reporters and a camera crew
followed two young men of equal education, cultural sophistication, level of apparent influence, and so forth around St. Louis, a city where neither was known. The two
differed in only a single respect: one was white, the other black. But that small difference
turned out to mean everything. In a series of encounters with shoe salesmen, record-store
employees, rental agents, landlords, employment agencies, taxicab drivers, and ordinary
citizens, the black member of the pair was either ignored or given a special and
suspicious attention. He was asked to pay more for the same goods or come up with a
larger down payment for the same car, was turned away as a prospective tenant, was
rejected as a prospective taxicab fare, was treated with contempt and irritation by clerks
and bureaucrats, and in every way possible was made to feel inferior and unwanted.
The inescapable conclusion was that alike though they may have been in almost
all respects, one of these young men, because he was black, would lead a significantly
lesser life than his white counterpart: he would be housed less well and at a greater
expense; he would pay more for services and products when and if he was given the
opportunity to buy them; he would have difficulty establishing credit; the first emotions
he would inspire on the part of many people he met would be distrust and fear; his
abilities would be discounted even before he had a chance to display them; and, above all,
the treatment he received from minute to minute would chip away at his self-esteem and
self-confidence with consequences that most of us could not even imagine. As the young
man in question said at the conclusion of the broadcast, "You walk down the street with a
suit and tie and it doesn't matter. Someone will make determinations about you,
determinations that affect the quality of your life."
Of course, the same determinations are being made quite early on by kindergarten
teachers, grade school principals, high school guidance counselors, and the like, with
results that cut across socioeconomic lines and place young black men and women in the
ranks of the disadvantaged no matter what the bank accounts of their parents happen to
show. Racism is a cultural fact, and although its effects may to some extent be diminished
by socioeconomic variables, those effects will still be sufficiently great to warrant the
nation's attention and thus the continuation of affirmative-action policies. This is true
even of the field thought to be dominated by blacks and often cited as evidence of the
equal opportunities society now affords them. I refer, of course, to professional athletics.
But national self-congratulation on this score might pause in the face of a few facts: A
minuscule number of African Americans ever receive a paycheck from a professional
team. Even though nearly 1,600 daily newspapers report on the exploits of black athletes,
they employ only seven full-time black sports columnists. Despite repeated pledges and
resolutions, major-league teams have managed to put only a handful of blacks and
Hispanics in executive positions.
WHY ME?
When all is said and done, however, one objection to affirmative action is
unanswerable on its own terms, and that is the objection of the individual who says,
"Why me? Sure, discrimination has persisted for many years, and I acknowledge that the
damage done has not been removed by changes in the law. But why me? I didn't own
slaves; I didn't vote to keep people on the back of the bus; I didn't turn water hoses on
civil-rights marchers. Why, then, should I be the one who doesn't get the job or who
doesn't get the scholarship or who gets bumped back to the waiting list?"
I sympathize with this feeling, if only because in a small way I have had the
experience that produces it. I was recently nominated for an administrative post at a large
university. Early signs were encouraging, but after an interval I received official notice
that I would not be included at the next level of consideration, and subsequently I was
told unofficially that at some point a decision had been made to look only in the direction
of women and minorities. Although I was disappointed, I did not conclude that the
situation was "unfair," because the policy was obviously not directed at me--at no point
in the proceedings did someone say, "Let's find a way to rule out Stanley Fish." Nor was
it directed at persons of my race and sex--the policy was not intended to disenfranchise
white males. Rather, the policy was driven by other considerations, and it was only as a
by-product of those considerations--not as the main goal--that white males like me were
rejected. Given that the institution in question has a high percentage of minority students,
a very low percentage of minority faculty, and an even lower percentage of minority
administrators, it made perfect sense to focus on women and minority candidates, and
within that sense, not as a result of prejudice, my whiteness and maleness became
disqualifications.
I can hear the objection in advance: "What's the difference? Unfair is unfair: you
didn't get the job; you didn't even get on the short list." The difference is not in the
outcome but in the ways of thinking that led up to the outcome. It is the difference
between an unfairness that befalls one as the unintended effect of a policy rationally
conceived and an unfairness that is pursued as an end in itself. It is the difference between
the awful unfairness of Nazi extermination camps and the unfairness to Palestinian Arabs
that arose from, but was not the chief purpose of, the founding of a Jewish state.
THE NEW BIGOTRY
The point is not a difficult one, but it is difficult to see when the unfairness
scenarios are presented as simple contrasts between two decontextualized persons who
emerge from nowhere to contend for a job or place in a freshman class. Here is student A;
he has a board score of 1,300. And here is student B; her score is only 1,200, yet she is
admitted and A is rejected. Is that fair? Given the minimal information provided, the
answer is of course no. But if we expand our horizons and consider fairness in relation to
the cultural and institutional histories that have brought the two students to this point,
histories that weigh on them even if they are not the histories' authors, then both the
question and the answer suddenly grow more complicated.
The sleight-of-hand logic that first abstracts events from history and then assesses
them from behind a veil of willed ignorance gains some of its plausibility from another
key word in the anti-affirmative-action lexicon. That word is "individual," as in "The
American way is to focus on the rights of individuals rather than groups." Now,
"individual" and "individualism" have been honorable words in the American political
vocabulary, and they have often been well employed in the fight against various
tyrannies. But like any other word or concept, individualism can be perverted to serve
ends the opposite of those it originally served, and this is what has happened when in the
name of individual rights, millions of individuals are enjoined from redressing
historically documented wrongs. How is this managed? Largely in the same way that the
invocation of fairness is used to legitimize an institutionalized inequality. First one says,
in the most solemn of tones, that the protection of individual rights is the chief obligation
of society. Then one defines individuals as souls sent into the world with equal
entitlements as guaranteed either by their Creator or by the Constitution. Then one
pretends that nothing has happened to them since they stepped onto the world's stage.
And then one says of these carefully denatured souls that they will all be treated in the
same way, irrespective of any of the differences that history has produced. Bizarre as it
may seem, individualism in this argument turns out to mean that everyone is or should be
the same. This dismissal of individual difference in the name of the individual would be
funny were its consequences not so serious: it is the mechanism by which imbalances and
inequities suffered by millions of people through no fault of their own can be sanitized
and even celebrated as the natural workings of unfettered democracy.
"Individualism," "fairness," "merit"-- these three words are continually
misappropriated by bigots who have learned that they need not put on a white hood or
bar access to the ballot box in order to secure their ends. Rather, they need only clothe
themselves in a vocabulary plucked from its historical context and made into the
justification for attitudes and policies they would not acknowledge if frankly named.
Stanley Fish. "How the Pot Got to Call the Kettle Black." Atlantic Monthly, November
1993. Reproduced by permission of Stanley Fish, Professor of English and Law;
Executive Director, Duke University Press.
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