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 act of making an unfavourable distinction for a being based on the group, class, or category to which they are perceived to belong. Discrimination can be justified or prejudicial. Serious criminals may be discriminated against by sending them to jail while other groups may be unjustly discriminated against through bias and prejudice. People may discriminate on age, caste, criminal record, height, disability, family status, gender identity, gender expression, generation, genetic characteristics, marital status, nationality, color, race and ethnicity, religion, sex and sex characteristics, sexual orientation, social class, species, as well as other categories. Discrimination consists of treatment of an individual or group, based on their actual or perceived membership in a certain group or social category, "in a way that is worse than the way people are usually treated". It involves the group's initial reaction or interaction going on to influence the individual's actual behavior towards the group leader or the group, restricting members of one group from opportunities or privileges that are available to another group, leading to the exclusion of the individual or entities based on illogical or irrational decision making.
Racism is the belief that groups of humans possess different behavioral traits corresponding to physical appearance and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagonism directed against other people because they are of a different race or ethnicity. Modern variants of racism are often based in social perceptions of biological differences between peoples. These views can take the form of social actions, practices or beliefs, or political systems in which different races are ranked as inherently superior or inferior to each other, based on presumed shared inheritable traits, abilities, or qualities.
The term multiculturalism has a range of meanings within the contexts of sociology, of political philosophy, and of colloquial use. In sociology and in everyday usage, it is a synonym for "ethnic pluralism", with the two terms often used interchangeably, for example, a cultural pluralism in which various ethnic groups collaborate and enter into a dialogue with one another without having to sacrifice their particular identities. It can describe a mixed ethnic community area where multiple cultural traditions exist or a single country within which they do. Groups associated with an indigenous or autochthonous ethnic group and foreigner 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. 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" does not violate the Fourteenth Amendment's Equal Protection Clause so long as it takes into account other factors evaluated on an individual basis for every applicant.
In sociology, a minority group refers to a category of people who experience relative disadvantage as compared to members of a dominant social group. Minority group membership is typically based on differences in observable characteristics or practices, such as: ethnicity, race, religion, sexual orientation, or disability. Utilizing the framework of intersectionality, it is important to recognize that an individual may simultaneously hold membership in multiple minority groups. Likewise, individuals may also be part of a minority group in regard to some characteristics, but part of a dominant group in regard to others.
Interculturalism refers to support for cross-cultural dialogue and challenging self-segregation tendencies within cultures. Interculturalism involves moving beyond mere passive acceptance of a multicultural fact of multiple cultures effectively existing in a society and instead promotes dialogue and interaction between cultures.
Economic, social and cultural rights are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment.
Cultural pluralism is a term used when smaller groups within a larger society maintain their unique cultural identities, and their values and practices are accepted by the wider dominant culture provided they are consistent with the laws and values of the wider society. As a sociological term, the definition and description of cultural pluralism has evolved over time. It has been described as not only a fact but a societal goal.
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.
Tariq Modood, is a British Pakistani Professor of Sociology, Politics and Public Policy at the University of Bristol. Modood is the founding director of the Centre for the Study of Ethnicity and Citizenship and one of the leading authorities on ethnic minorities in Britain.
Affirmative action in the United States is a set of laws, policies, guidelines, and administrative practices "intended to end and correct the effects of a specific form of discrimination" that include government-mandated, government-sanctioned and voluntary private programs. The programs tend to focus on access to education and employment, granting special consideration to historically excluded groups, specifically racial minorities or women. The impetus toward affirmative action is redressing the disadvantages associated with past and present discrimination. Further impetus is a desire to ensure public institutions, such as universities, hospitals, and police forces, are more representative of the populations they serve.
Multicultural education is a set of educational strategies developed to assist teachers when responding to the many issues created by the rapidly changing demographics of their students. It provides students with knowledge about the histories, cultures, and contributions of diverse groups; it assumes that the future society is pluralistic. It draws on insights from a number of different fields, including ethnic studies and women studies, and reinterprets content from related academic disciplines. It is also viewed as a way of teaching that promotes the principles of inclusion, diversity, democracy, skill acquisition, inquiry, critical thought, value of perspectives, and self-reflection. This method of teaching is found to be effective in promoting educational achievements among immigrants students and is thus attributed to the reform movement behind the transformation of schools.
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 single nation within their country. 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.
Christian privilege is any of several advantages bestowed upon Christians in some societies. 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, 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, and 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, meaning 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.
Maleiha Malik is a professor of law at King’s College London, lecturing in jurisprudence and legal theory, discrimination law and European law; she is also an attorney, and a member of the Honourable Society of Gray's Inn.
