Summary
This book looks at, analyzes, and raises questions regarding racial culture and cultural practices. It contributes to the understanding of the politics of race, particularly arguments promoting what Ford calls "rights-to-difference". He claims that these arguments, which "hold that a just society could and should prohibit discrimination on the basis of the cultural difference for the same reasons it should prohibit discrimination based on statuses such as race", are not only wrong but can have very negative social impacts.
Preamble
Ford's preamble is the introduction and the main reasoning of his critique on multiculturalism. He explains in the preamble that he intends to talk about the classifications of modern identity politics and multiculturalism which include ethnicity, sex, sexual orientation, and tribal membership. (Ford, 4) He states that the "simplest statement of my thesis in this regard to racism is different than social conflict arising as a result of cultural difference." (Ford, 7) He states three main points at the beginning of the chapter that include his opinions and what he hopes to achieve throughout the book and what he is going to talk about:
1) Support affirmative action, but worry about the effects of "diversity" justification for race conscious university admission as articulated by the Supreme Court in U. C Rogers v. Bakke and more recently in Grutter v. Bollinger. 2) Interrogate claims to cultural difference and often find such claims difficult to distinguish in principle or in practice from ideological differences, difference in taste or difference in opinions. 3) Central focus is on law and legal institutions. "I hope to uncover the effects of law-not only what the text of various laws and their advocates say the laws do, but also their unintended side effects, hidden messages and covert agendas." ( Ford, 2)
The ideology behind the book Racial Culture: A Critique was that Ford was originally going to name it Racial Culture: A Critique from the Left. The reason why he did not stay with this title was because he also wanted to use ideas from both sides rather than "go steady with one discrete set of influences." (Ford, 14) If someone had an idea then he would talk about it and base part of his argument off of it. Ford explains that, "Racial Cultures is generally suspicious of governmental intervention and insistent on the limits of civil rights and law generally. This I expect will fuel the sense that the book is conservative, or libertarian." ( Ford, 14)
Difference Discourse
The Difference Discourse chapter is all about cultural and racial difference. Ford starts the chapter off by telling a story of a black woman who sued American Airlines for a grooming policy. The policy prohibited employees in certain employment categories from wearing an all-braided hairstyle. The lady argued that it violated her rights under the Thirteenth Amendment. The woman alleged that the policy discriminated against her as a black woman. She said that the "cornrow" style has a special significance for black women. Ford stated that, "Although a right to cornrows might seem only to enhance the freedom of potential cornrow-wearers, it is arguably better understood as a policy of segregation through which a set of grooming styles are reserved for a particular group." (Ford, 26) In the end, the court denied the case.
The next story that Ford talks about is The TPG (The Parker Group). The TGP was a group during election and their job was to "get out the vote" for political candidates. They would call people and tell them to vote for a certain political candidate. However, 10% was race matched. This meant that there was a "black script" for blacks and a "white script" for whites. The rooms in the office were segregated. One room was for blacks and one room was for whites. Ford asked the question, "Is TGP's policy, as the court held, racially discriminatory because it is "based on a racial stereotype that blacks would respond to blacks and that... race was directly related to... ability to do the job?" (Ford, 27). This is an interesting question because it brings up the first topic of cultural and racial difference. Was it morally right to have race matched calling? An interesting definition for the word "difference" that Ford explains is that it, "Invites imprecise analogy: if the problem of the color line is the failure to appreciate and accommodate difference, then any unpopular out-of-the ordinary social group can claim to be victims of similar prejudice." (Ford, 28) This can relate to the TGP and the racial differences.
In the next section, Ford talks about the idea of multiculturalism and how it involves cultural differences and integrating different cultural practices. Ford describes multiculturalism with the example of designer jeans in the 1980s. Everybody thought this was a fad that wouldn't last very long. However, designer jeans morphed into designer chinos, designer T-shirts, designer windbreakers, designer polo shirts, and even more jeans. He said that, "Multiculturalism is no longer notable because it is everywhere."
An interesting story that he brings up in the book is the Bakke v. U.C. Regents case. Bakke applied and was denied admission to the University of California at Davis medical school. He found out that racial minorities who have received lower grades and lower test scores got admission to the school. He took this case to court and as Ford explains, "He changed modern Civil Rights." (Ford, 44) The court established a set law where there could not be point systems in schools. Diversity was a major factor for affirmative action at that time in the US. Bakke demonstrated that multiculturalism exists and diversity is a good thing, but it needs laws and guidelines which Bakke helped establish.
Identities as collective action
Ford tries to prove that identity, and a person's actions, shape who a person is. Ford talks about how a person's social performances are a direct correspondence to who he is and what society labels him as. The example given speaks of more aggressive and assertive women and how, if they want to do the tango, it would be easier to conform to the female role than try to take the problem head-on. If they face it head-on, their friends may tell them that if they want to get a guy that they should try being "nicer" and more "feminine". The men might shun her more and not ask her to dance. If the woman wants to dance she will conform to the structure of the dance. Eventually she will conform and it will become second nature. Then that new status will become her new identity.
Another point is on protective custody and how the law infringes on society and shapes the general views of the people. One of the examples that he gives talks about the Native Americans under the Civil Rights Act. A Pueblo woman married outside of her tribe, and challenged the tribal ordinance that prohibited the membership to the tribe, to a child born of a member and nonmember. The courts sided with the tribe on the basis of "tradition". Ford says that typically courts side with the tribal traditions even if they know that they clearly go against the Civil Rights Act. Thus the differences in culture only include those that are a patina of age.
His last point in this chapter is on identity consciousness and "less is more". Not that the law must be blind to all group differences but that the anti-discrimination law should focus more on the formal status hierarchies, to try to reduce the bad effects of those such hierarchies. Thus helping legal decisions to be more aware of the status differences and the caste-like social practices so they can correct their wrongdoings.
Cultural discrimination
Ford summarizes the points of the previous two chapters by stating that they detail some major arguments, the first of which is that the difference between groups is not inherent to the members of each group but develops as a result of the social practices of each group. The second claim he makes is that anti-discrimination law should not protect the traits of certain groups to prevent discrimination based on group statuses.
Virtually any social group who practices something controversial could claim that they are being discriminated against. Ford cites examples of cyclists, who have many run-ins with by motorists and pedestrians, considering they are a minority group in most cities. Some cyclists go so far as to make such confrontations between cyclists and motorists actionable as hate crimes. However, cyclists are not attacked because of some widespread prejudice against them and therefore should not be treated the same as groups such as racial minorities and homosexuals. The reason for their conflicts is psychological and practical, and has to do with resources (the city streets) rather than discrimination.
As the world and America become more modern and cosmopolitan, culture seems to follow along the same path. All of a sudden, the question is raised regarding "a legal right to a specific lifestyle, to social esteem, to a meaningful life" (Ford, 133). Ford cites David Rieff when discussing the marketing of multiculturalism, who compares the consumption of culture to the consumption of goods. With this comparison in mind, Ford draws the conclusion that social justice is becoming the "right to purchase mass produced quirkiness and canned authenticity and the freedom to buy assembly line individuality and niche-marketed group consciousness" (Ford, 134).
Ford summarizes this chapter by stating that discrimination based on "race, color, and sex, as well as disability and... sexual orientation raises distinctive concerns because it participates in the production or socially inferior classes of people, groups of permanently lower social status, interior castes" (Ford, 138). This discrimination is based on widespread social prejudice against such groups. The difference between such groups and the cyclists is the difference between "Minorities" and "minorities". Discrimination against a stigmatized group would be what Ford would dub discrimination against a "Minority" as opposed to discrimination on other bases, which is usually much less regular (discrimination against a "minority").
The ends of anti-discrimination law
What Ford describes as "cultural bias" is unavoidable, and therefore only when protection is extremely vital should legislation be imposed in order to prevent it. The fact is that laws seem to be inevitably discriminatory, at least to some degree. Because different social groups have different standards and practices, laws which oppose the more objectionable of these "do not necessarily reflect prejudice or bias against the group as a group—instead it reflects disapproval of the practice in which the group engages" (Ford, 131).
The practice of certain institutions of prohibiting or forbidding unconventional styles or practices is not necessarily discrimination and should therefore not be treated as such, nor should it be submitted to the same legal scrutiny as legitimate discrimination. They may put in place such policies in order to either develop an image of conservatism, traditionalism, and stability, or they may desire to present a consistent and uniform image that would be damaged by blatant expressions of individualism. As Ford puts it, "if an institution is required to accommodate the cultural styles and norms of its employees or enrollees, it is prohibited from making adherence to an institutional style or norm a requirement of membership" (Ford, 143).
Considering all of these factors, anti-discrimination law should be crafted and designed very carefully in order to take into account all of detrimental effects it could have on institutions and the way they are organized to function. Ford states "anti-discrimination law typically prohibits discrimination directly by outlawing explicit and intentional discrimination, and indirectly by scrutinizing policies that have a disparate impact on the groups that the statue protects from discrimination" (Ford, 147-148). Anti-discrimination law should not mandate "fairness". It does not function to do so and would not be performing its intended purpose if such was the case.
Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, religion, physical attractiveness or sexual orientation. Discrimination typically leads to groups being unfairly treated on the basis of perceived statuses based on ethnic, racial, gender or religious categories. It involves depriving members of one group of opportunities or privileges that are available to members of another group.
Multiculturalism is the coexistence of multiple cultures. The word is used in sociology, in political philosophy, and colloquially. In sociology and everyday usage, it is usually a synonym for ethnic or cultural pluralism in which various ethnic and cultural groups exist in a single society. It can describe a mixed ethnic community area where multiple cultural traditions exist or a single country. Groups associated with an indigenous, aboriginal or autochthonous ethnic group and settler-descended ethnic groups are often the focus.
Regents of the University of California v. Bakke, 438 U.S. 265 (1978), was a landmark decision by the Supreme Court of the United States that involved a dispute of whether preferential treatment for minorities could reduce educational opportunities for whites without violating the Constitution. It upheld affirmative action, allowing race to be one of several factors in college admission policy. However, the court ruled that specific racial quotas, such as the 16 out of 100 seats set aside for minority students by the University of California, Davis, School of Medicine, were impermissible.
Grutter v. Bollinger, 539 U.S. 306 (2003), was a landmark case of the Supreme Court of the United States concerning affirmative action in student admissions. The Court held that a student admissions process that favors "underrepresented minority groups" did not violate the Fourteenth Amendment's Equal Protection Clause so long as it took into account other factors evaluated on an individual basis for every applicant. The decision largely upheld the Court's decision in Regents of the University of California v. Bakke (1978), which allowed race to be a consideration in admissions policy but held racial quotas to be unconstitutional. In Gratz v. Bollinger (2003), a separate case decided on the same day as Grutter, the Court struck down a points-based admissions system that awarded an automatic bonus to the admissions scores of minority applicants.
Racial color blindness refers to the belief that a person's race or ethnicity should not influence their legal or social treatment in society.
The term "minority group" has different usages, depending on the context. According to its common usage, the term minority group can simply be understood in terms of demographic sizes within a population: i.e. a group in society with the least number of individuals, or less than half, is a "minority". Usually a minority group is disempowered relative to the majority, and that characteristic lends itself to different applications of the term minority.
The Canadian Multiculturalism Act is a law of Canada, passed in 1988, that aims to preserve and enhance cultural diversity, i.e. multiculturalism, in Canada.
Critical race theory (CRT) is an academic field focused on the relationships between social conceptions of race and ethnicity, social and political laws, and media. CRT also considers racism to be systemic in various laws and rules, not based only on individuals' prejudices. The word critical in the name is an academic reference to critical theory rather than criticizing or blaming individuals.
Racial steering refers to the practice in which real estate brokers guide prospective home buyers towards or away from certain neighborhoods based on their race. The term is used in the context of de facto residential segregation in the United States, and is often divided into two broad classes of conduct:
- Advising customers to purchase homes in particular neighborhoods on the basis of race.
- Failing, on the basis of race, to show, or to inform buyers of homes that meet their specifications.
In the United States, affirmative action consists of government-mandated, government-approved, and voluntary private programs granting special consideration to groups considered or classified as historically excluded, specifically racial minorities and women. These programs tend to focus on access to education and employment in order to redress the disadvantages associated with past and present discrimination. Another goal of affirmative action policies is to ensure that public institutions, such as universities, hospitals, and police forces, are more representative of the populations they serve.
Economic discrimination is discrimination based on economic factors. These factors can include job availability, wages, the prices and/or availability of goods and services, and the amount of capital investment funding available to minorities for business. This can include discrimination against workers, consumers, and minority-owned businesses.
Mortgage discrimination or mortgage lending discrimination is the practice of banks, governments or other lending institutions denying loans to one or more groups of people primarily on the basis of race, ethnic origin, sex or religion.
Multicultural education is a set of educational strategies developed to provide students with knowledge about the histories, cultures, and contributions of diverse groups. It draws on insights from multiple fields, including ethnic studies and women studies, and reinterprets content from related academic disciplines. It is a way of teaching that promotes the principles of inclusion, diversity, democracy, skill acquisition, inquiry, critical thought, multiple perspectives, and self-reflection. One study found these strategies to be effective in promoting educational achievements among immigrant students.
Criticism of multiculturalism questions the ideal of the maintenance of distinct ethnic cultures within a country. Multiculturalism is a particular subject of debate in certain European nations that are associated with the idea of a nation state. Critics of multiculturalism may argue against cultural integration of different ethnic and cultural groups to the existing laws and values of the country. Alternatively critics may argue for assimilation of different ethnic and cultural groups to a single national identity.
Multiculturalism in Canada was officially adopted by the government during the 1970s and 1980s. The Canadian federal government has been described as the instigator of multiculturalism as an ideology because of its public emphasis on the social importance of immigration. The 1960s Royal Commission on Bilingualism and Biculturalism is often referred to as the origin of modern political awareness of multiculturalism, resulting in Canada being one of the most multicultural nations in the world. The official state policy of multiculturalism is often cited as one of Canada's significant accomplishments, and a key distinguishing element of Canadian identity and Canadian values.
Christian privilege is a social advantage bestowed upon Christians in any historically Christian society. This arises out of the presumption that Christian belief is a social norm, that leads to the marginalization of the nonreligious and members of other religions through institutional religious discrimination or religious persecution. Christian privilege can also lead to the neglect of outsiders' cultural heritage and religious practices.
Racial diversity in United States schools is the representation of different racial or ethnic groups in American schools. The institutional practice of slavery, and later segregation, in the United States prevented certain racial groups from entering the school system until midway through the 20th century, when Brown v. Board of Education forbade racially segregated education. Globalization and migrations of peoples to the United States have increasingly led to a multicultural American population, which has in turn increased classroom diversity. Nevertheless, racial separation in schools still exists today, presenting challenges for racial diversification of public education in the United States.
Cultural racism, sometimes called neo-racism, new racism, postmodern racism, or differentialist racism, is a concept that has been applied to prejudices and discrimination based on cultural differences between ethnic or racial groups. This includes the idea that some cultures are superior to others or in more extreme cases that various cultures are fundamentally incompatible and should not co-exist in the same society or state. In this it differs from biological or scientific racism, which refers to prejudices and discrimination rooted in perceived biological differences between ethnic or racial groups.
Diversity ideology refers to individual beliefs regarding the nature of intergroup relations and how to improve them in culturally diverse societies. A large amount of scientific literature in social psychology studies diversity ideologies as prejudice reduction strategies, most commonly in the context of racial groups and interracial interactions. In research studies on the effects of diversity ideology, social psychologists have either examined endorsement of a diversity ideology as individual difference or used situational priming designs to activate the mindset of a particular diversity ideology. It is consistently shown that diversity ideologies influence how individuals perceive, judge and treat cultural outgroup members. Different diversity ideologies are associated with distinct effects on intergroup relations, such as stereotyping and prejudice, intergroup equality, and intergroup interactions from the perspectives of both majority and minority group members. Beyond intergroup consequences, diversity ideology also has implications on individual outcomes, such as whether people are open to cultural fusion and foreign ideas, which in turn predict creativity.
Rogers v. American Airlines was a 1981 legal case decided by the United States District Court for the Southern District of New York involving plaintiff Renee Rogers, a Black woman who brought charges against her employer, American Airlines, for both sex and race discrimination after she was dissuaded from wearing her hair in cornrows due to the airline's employee grooming policy. Rogers believed that this hair policy was a violation of her Title VII rights.
