Some conduct animated by these sentiments has blended into the background of daily routine, as when blacks who are strangers nonetheless speak to each other -- "Hello," "Hey," "Yo" -- or hug or give each other a soul handshake or refer to each other as "brother" or "sister." Other manifestations are more dramatic. For example, the Million Man March, which brought at least 500,000 black men to Washington, D.C., in 1995, was a demonstration predicated on the notion that blackness gives rise to racial obligation and that black people should have a special, closer, more affectionate relationship with their fellow blacks than with others in America's diverse society.
I reject this response to the question. Neither racial pride nor racial kinship offers guidance that is intellectually, morally, or politically satisfactory.
It is understandable why people have often made inherited group status an honorific credential. Personal achievement is difficult to attain, and the lack of it often leaves a vacuum that racial pride can easily fill. Thus even if a person has little to show for himself, racial pride gives him status.
But maybe I am misconstruing what people mean by racial pride; perhaps it means simply that one is unashamed of one's race. To that I have no objection. No one should be ashamed of the labeling by which she or he is racially categorized, because no one chooses her or his parents or the signs by which society describes and sorts people. For this very same reason, however, no one should congratulate herself on her race insofar as it is merely an accident of birth.
I suspect, however, that when most black people embrace the term "racial pride," they mean more than that they are unembarrassed by their race. They mean, echoing Marcus Garvey, that "to be [black] is no disgrace, but an honor." Thus when James Brown sings "Say It Loud -- I'm Black and I'm Proud," he is heard by many blacks as expressing not just the absence of shame but delight and assertiveness in valuing a racial designation that has long been stigmatized in America.
There is an important virtue in this assertion of the value of black life. It combats something still eminently in need of challenge: the assumption that because of their race black people are stupid, ugly, and low, and that because of their race white people are smart, beautiful, and righteous. But within some of the forms that this assertiveness has taken are important vices -- including the belief that because of racial kinship blacks ought to value blacks more highly than others.
I admire Sandel's work and have learned much from it. But a major weakness in it is a conflation of "is" and "ought." Sandel privileges what exists and has existed so much that his deference to tradition lapses into historical determinism. He faults the model of the unencumbered self because, he says, it cannot account for feelings of solidarity and loyalty that most people have not chosen to impose upon themselves but that they cherish nonetheless. This represents a fault, however, only if we believe that the unchosen attachments Sandel celebrates should be accorded moral weight. I am not prepared to do that simply on the basis that such attachments exist, have long existed, and are passionately felt. Feelings of primordial attachment often represent mere prejudice or superstition, a hangover of the childhood socialization from which many people never recover.
One defense of racial kinship takes the shape of an analogy between race and family. This position was strikingly advanced by the nineteenth-century black-nationalist intellectual Alexander Crummell, who asserted that "a race is a family," that "race feeling, like the family feeling, is of divine origin," and that the extinction of race feeling is thus -- fortunately, in his view -- just as impossible as the extinction of family feeling.
Analogizing race to family is a potent rhetorical move used to challenge those who, like me, are animated by a liberal, individualistic, and universalistic ethos that is skeptical of, if not hostile to, the particularisms -- national, ethnic, religious, and racial -- that seem to have grown so strong recently, even in arenas, such as major cosmopolitan universities, where one might have expected their demise. The central point of the challenge is to suggest that the norms I embrace will, or at least should, wobble and collapse in the face of claims on familial loyalty. Blood, as they say, is thicker than water.
One way to deal with the race-family analogy is to question its aptness on the grounds that a race is so much more populous than what is commonly thought of as a family that race cannot give rise to the same, or even similar, feelings of loyalty. When we think of a family, we think of a small, close-knit association of people who grow to know one another intimately over time. A race, in contrast, is a conglomeration of strangers. Black men at the Million Man March assuredly called one another brothers. But if certain questions were posed ("Would you be willing to lend a hundred dollars to this brother, or donate a kidney to that one?"), it would have quickly become clear that many, if not most, of those "brothers" perceived one another as strangers -- not so distant as whites, perhaps, but strangers nonetheless.
However, I do not want to rest my argument here. Rather, I want to accept the race-family analogy in order to strengthen my attack on assumptions that privilege status-driven loyalties (the loyalties of blood) over chosen loyalties (the loyalties of will). In my view, many people, including legislators and judges, make far too much of blood ties in derogation of ties created by loving effort.
A vivid illustration is provided by the following kind of child-custody decision. It involves a child who has been separated from her parents and placed with adults who assume the role of foster parents. These adults nurture her, come to love her, and ultimately seek legally to become her new parents. If the "blood" parents of the child do not interfere, the foster parents will have a good chance of doing this. If, however, the blood parents say they want "their" child back, authorities in many jurisdictions will privilege the blood connection and return the child -- even if the initial separation is mainly attributable to the fault of the blood parents, even if the child has been with the foster parents for a long time and is prospering under their care, even if the child views the foster parents as her parents and wants to stay with them, and even if there is good reason to believe that the foster parents will provide a more secure home setting than the child's blood parents. Judges make such rulings in large part because they reflect the idolatry of "blood," which is an ideological cousin to the racial beliefs I oppose.
Am I saying that, morally, blood ties are an insufficient, indeed bad, basis for preferring one's genetic relatives to others? Yes. I will rightly give the only life jacket on the sinking ship to my mother as opposed to your mother, because I love my mother (or at least I love her more than yours). I love my mother, however, not because of a genetic tie but because over time she has done countless things that make me want to love her. She took care of me when I could not take care of myself. She encouraged me. She provided for my future by taking me to the doctor when appropriate, disciplining me, giving me advice, paying for my education. I love her, too, because of qualities I have seen her exhibit in interactions with others -- my father, my brother, my sister, neighbors, colleagues, adversaries. The biological connection helped to create the framework in which I have been able to see and experience her lovable qualities. But it is deeds, not blood -- doing, not being -- that is the morally appropriate basis for my preference for my mother over all other mothers in the world.
SOLIDARITY WITH VIOLA LIUZZO
Each December, my wife and I host a holiday dessert for the black students at the Yale Law School.I contend that in the mind, heart, and soul of a teacher there should be no stratification of students such that a teacher feels closer to certain pupils than to others on grounds of racial kinship. No teacher should view certain students as his racial "brothers and sisters" while viewing others as, well, mere students. Every student should be free of the worry that because of race, he or she will have less opportunity to benefit from what a teacher has to offer.
. . .our hope is to provide for the students an opportunity to unwind, to escape, to renew themselves, to chat, to argue, to complain -- in short, to relax. For my wife and myself, the party is a chance to get to know some of the people who will lead black America (and white America, too) into the twenty-first century. But more than that, we feel a deep emotional connection to them, through our blackness: we look at their youthful, enthusiastic faces and see ourselves. There is something affirming about the occasion -- for them, we hope, but certainly for us. It is a reminder of the bright and supportive side of solidarity.
Friends with whom I have debated these matters object to my position, charging that I pay insufficient attention to the complexity of the identities and roles that individuals assume in society, and that I thus ignore or minimize the ability of a black professor to be both a good teacher who serves all his students well and a good racial patriot who feels a special, racial affection for fellow blacks. These friends assert that I have no valid basis for complaint so long as the professor in his official duties is evenhanded in his treatment of students. By "official duties" they mean his conduct in the classroom, his accessibility during office hours, and his grading of students' academic performance. If these duties are met, they see no problem if the black professor, paying homage to his feelings of racial kinship, goes beyond what is officially required in his dealings with black students.
I see a variety of problems. For one thing, I find it inconceivable that there would be no seepage from the personal sphere into the professional sphere. The students invited to the professor's home are surely being afforded an opportunity denied to those who are not invited -- an opportunity likely to be reflected in, for instance, letters of recommendation to Judge So-and-So and Law Firm Partner Such-and-Such.
Another problem is that even in the absence of any tangible, dollars-and-cents difference, the teacher's racial distinctions are likely to make a difference psychologically to the students involved. I have had the great benefit of being taught by wonderful teachers of various races, including white teachers. I never perceived a racial difference in the way that the best of these teachers treated me in comparison with my white classmates. Neither John McCune nor Sanford Levinson nor Eric Foner nor Owen Fiss ever gave me reason to believe that because of my color I took a back seat to any of my classmates when it came to having a claim on their attention. My respect for their conduct is accompanied by disappointment in others who seemed for reasons of racial kinship to invest more in white than in black students -- who acted, in other words, in a way that remains unfortunately "normal" in this society.
Am I demanding that teachers make no distinctions between pupils? No. Distinctions should be made. I am simply insisting that sentiments of racial kinship should play no role in making them.
Am I demanding that teachers be blind to race? No. It seems to me bad policy to blind oneself to any potentially useful knowledge. Teachers should be aware of racial differences and differentiations in our society. They should be keenly aware, for instance, that historically and currently the dominant form of racial kinship in American life, the racial kinship that has been best organized and most destructive, is racial kinship mobilized in behalf of whites. This racial kinship has been animated by the desire to make and keep the United States "a white man's country." It is the racial kinship that politicians like Patrick Buchanan and Jesse Helms openly nurture and exploit. This is also the racial kinship that politicians take care to avoid challenging explicitly. A teacher should be aware of these and other racial facts of life in order to satisfactorily equip students with knowledge about their society.
The fact that race matters, however, does not mean that the salience and consequences of racial distinctions are good or that race must continue to matter in the future. Nor does the brute sociological fact that race matters dictate what one's response to that fact should be.
Assuming that a teacher is aware of the different ways in which the race problem bears down upon his students, how should he react? That depends on the circumstances.
Consider a case, for instance, in which white students were receiving considerable attention from teachers while black students were being widely ignored. In this case it would be morally correct for a professor, with his eyes focused on race, to reach out with special vigor to the black students. In this circumstance the black students would be more in need than the white students, whose needs for mentorship were already being abundantly met. This outreach, however, would be based not on racial kinship but on distributive justice.
This is a point with ramifications that reach far beyond the university. For it is said with increasing urgency by increasing numbers of people that the various social difficulties confronting black Americans are, for reasons of racial kinship, the moral responsibility of blacks, particularly those who have obtained some degree of affluence. This view should be rejected. The difficulties that disproportionately afflict black Americans are not "black problems" whose solutions are the special responsibility of black people. They are our problems, and their solution or amelioration is the responsibility of us all, irrespective of race. That is why it is proper to object when white politicians use the term "you people" to refer to blacks. This happened when Ross Perot addressed the NAACP annual convention during the 1992 presidential election campaign. Many of those who objected to Perot's reference to "you people," however, turned right around and referred to blacks as "our people," thereby replicating the racial boundary-setting they had denounced.
A second reason why the justification for outreach matters is that unlike an appeal to racial kinship, an appeal to an ideal untrammeled by race enables any person or group to be the object of solicitude. No person or group is racially excluded from the possibility of assistance, and no person or group is expected to help only "our own." If a professor reaches out in response to student need, for instance, that means that whereas black students may deserve special solicitude today, Latino students or Asian-American students or white students may deserve it tomorrow. If Asian-American students have a greater need for faculty mentorship than black students, black professors as well as other professors should give them priority.
Some will argue that I ignore or minimize the fact that different groups are differently situated and that it is thus justifiable to impose upon blacks and whites different standards for purposes of evaluating conduct, beliefs, and sentiments. They will maintain that it is one thing for a white teacher to prefer his white students on grounds of racial kinship and a very different thing for a black teacher to prefer his black students on grounds of racial kinship. The former, they will say, is an expression of ethnocentrism that perpetuates racist inequality, whereas the latter is a laudable expression of racial solidarity that is needed to counter white domination.
Several responses are in order.
First, it is a sociological fact that blacks and whites are differently situated in the American polity. But, again, a brute fact does not dictate the proper human response to it. That is a matter of choice -- constrained, to be sure, but a choice nonetheless. In choosing how to proceed in the face of all that they encounter, blacks should insist, as did Martin Luther King Jr., that acting with moral propriety is itself a glorious goal. In seeking to attain that goal, blacks should be attuned not only to the all too human cruelties and weaknesses of others but also to the all too human cruelties and weaknesses in themselves. A good place to start is with the recognition that unless inhibited, every person and group will tend toward beliefs and practices that are self-aggrandizing. This is certainly true of those who inherit a dominant status. But it is also true of those who inherit a subordinate status. Surely one of the most striking features of human dynamics is the alacrity with which those who have been oppressed will oppress whomever they can once the opportunity presents itself. Because this is so, it is not premature to worry about the possibility that blacks or other historically subordinated groups will abuse power to the detriment of others.
Moreover, at long last blacks have sufficient power to raise urgent concerns regarding the abuse of it. Now, in enough circumstances to make the matter worth discussing, blacks are positioned to exploit their potential racial power effectively. Hence black attorneys wonder whether they should seek to elicit the racial loyalties of black jurors or judges in behalf of clients. Black jurors and judges face the question of whether they should respond to such appeals. Black professors face the question of whether racial loyalty should shape the extent to which they make themselves available to their students. Black employers or personnel directors face the question of whether racial loyalties should shape their hiring decisions. Were blacks wholly bereft of power, as some commentators erroneously assert, these and similar questions would not arise. Thus I evaluate arguments in favor of exempting blacks from the same standards imposed upon whites and conclude that typically, though perhaps not always, such arguments amount to little more than an elaborate camouflage for self-promotion or group promotion.
A second reason I resist arguments in favor of asymmetrical standards of judgment has to do with my sense of the requirements of reciprocity. I find it difficult to accept that it is wrong for whites to mobilize themselves on a racial basis solely for purposes of white advancement but morally permissible for blacks to mobilize themselves on a racial basis solely for purposes of black advancement. I would propose a shoe-on-the-other-foot test for the propriety of racial sentiment. If a sentiment or practice would be judged offensive when voiced or implemented by anyone, it should be viewed as prima facie offensive generally. If we would look askance at a white professor who wrote that on grounds of racial kinship he values the opinions of whites more than those of blacks, then unless given persuasive reasons to the contrary, we should look askance at a black professor who writes that on grounds of racial kinship he values the opinions of blacks more than those of whites.
In some circumstances it is more difficult for blacks to give up the consolations of racial kinship than for whites to do so, insofar as whites typically have more resources to fall back on. But that should not matter, or at least should not matter decisively, if my underlying argument -- that the sentiments and conduct of racial kinship are morally dubious -- is correct. After all, it is surely more difficult for a poor person than for a rich one to give up the opportunity to steal untended merchandise. But we nevertheless rightly expect the poor person to give up that opportunity.
A third consideration is prudential. It is bad for the country if whites, blacks, or any other group engages in the politics of racial kinship, because racial mobilization prompts racial countermobilization, further entrenching a pattern of sterile racial competition.
BEYOND RACIAL LOYALTY
This challenge raises large issues that cannot be exhaustively dealt with here. But I should like to conclude by suggesting the beginning of a response, based on two observations.
First, it is noteworthy that those who have most ostentatiously asserted the imperatives of black racial solidarity -- I think here particularly of Marcus Garvey, Elijah Muhammad, and Louis Farrakhan -- are also those who have engaged in the most divisive, destructive, and merciless attacks on "brothers" and "sisters" who wished to follow a different path. My objection to the claims of racial pride and kinship stems in part from my fears of the effect on interracial relations. But it stems also in large part from my fears of the stultifying effect on intraracial relations. Racial pride and kinship seem often to stunt intellectual independence. If racial loyalty is deemed essential and morally virtuous, then a black person's adoption of positions that are deemed racially disloyal will be seen by racial loyalists as a supremely threatening sin, one warranting the harsh punishments that have historically been visited upon alleged traitors.
Second, if one looks at the most admirable efforts by activists to overcome racial oppression in the United States, one finds people who yearn for justice, not merely for the advancement of a particular racial group. One finds people who do not replicate the racial alienations of the larger society but instead welcome interracial intimacy of the most profound sorts. One finds people who are not content to accept the categories of communal affiliation they have inherited but instead insist upon bringing into being new and better forms of communal affiliation, ones in which love and loyalty are unbounded by race. I think here of Wendell Phillips and certain sectors of the abolitionist movement. I also think of James Farmer and the early years of the Congress of Racial Equality, and John Lewis and the early years of the Student Nonviolent Coordinating Committee. My favorite champion of this ethos, however, is a person I quoted at the beginning of this article, a person whom the sociologist Orlando Patterson aptly describes as "undoubtedly the most articulate former slave who ever lived," a person with whose words I would like to end. Frederick Douglass literally bore on his back the stigmata of racial oppression. Speaking in June of 1863, only five months after the Emancipation Proclamation and before the complete abolition of slavery, Douglass gave a talk titled "The Present and Future of the Colored Race in America," in which he asked whether "the white and colored people of this country [can] be blended into a common nationality, and enjoy together
I, too, believe we can, if we are willing to reconsider and reconstruct the basis of our feelings of pride and kinship.
Illustrations by Sandra Dionisi