To see the sequence of events that led to Arbery’s death as benign requires a cascade of assumptions. One must assume that two men arming themselves and chasing down a stranger running through their neighborhood is a normal occurrence. One must assume that the two armed white men had a right to self-defense, and that the black man suddenly confronted by armed strangers did not. One must assume that state laws are meant to justify an encounter in which two people can decide of their own volition to chase, confront, and kill a person they’ve never met.
But Barnhill’s leniency is selective—as The Appeal’s Josie Duffy Rice notes, Barnhill attempted to prosecute Olivia Pearson, a black woman, for helping another black voter use an electronic voting machine. A crime does not occur when white men stalk and kill a black stranger. A crime does occur when black people vote.
The underlying assumptions of white innocence and black guilt are all part of what the philosopher Charles Mills calls the “racial contract.” If the social contract is the implicit agreement among members of a society to follow the rules—for example, acting lawfully, adhering to the results of elections, and contesting the agreed-upon rules by nonviolent means—then the racial contract is a codicil rendered in invisible ink, one stating that the rules as written do not apply to nonwhite people in the same way. The Declaration of Independence states that all men are created equal; the racial contract limits this to white men with property. The law says murder is illegal; the racial contract says it’s fine for white people to chase and murder black people if they have decided that those black people scare them. “The terms of the Racial Contract,” Mills wrote, “mean that nonwhite subpersonhood is enshrined simultaneously with white personhood.”
The racial contract is not partisan—it guides staunch conservatives and sensitive liberals alike—but it works most effectively when it remains imperceptible to its beneficiaries. As long as it is invisible, members of society can proceed as though the provisions of the social contract apply equally to everyone. But when an injustice pushes the racial contract into the open, it forces people to choose whether to embrace, contest, or deny its existence. Video evidence of unjustified shootings of black people is so jarring in part because it exposes the terms of the racial contract so vividly. But as the process in the Arbery case shows, the racial contract most often operates unnoticed, relying on Americans to have an implicit understanding of who is bound by the rules, and who is exempt from them.
The implied terms of the racial contract are visible everywhere for those willing to see them. A 12-year-old with a toy gun is a dangerous threat who must be met with lethal force; armed militias drawing beads on federal agents are heroes of liberty. Struggling white farmers in Iowa taking billions in federal assistance are hardworking Americans down on their luck; struggling single parents in cities using food stamps are welfare queens. Black Americans struggling in the cocaine epidemic are a “bio-underclass” created by a pathological culture; white Americans struggling with opioid addiction are a national tragedy. Poor European immigrants who flocked to an America with virtually no immigration restrictions came “the right way”; poor Central American immigrants evading a baroque and unforgiving system are gang members and terrorists.
The coronavirus epidemic has rendered the racial contract visible in multiple ways. Once the disproportionate impact of the epidemic was revealed to the American political and financial elite, many began to regard the rising death toll less as a national emergency than as an inconvenience. Temporary measures meant to prevent the spread of the disease by restricting movement, mandating the wearing of masks, or barring large social gatherings have become the foulest tyranny. The lives of workers at the front lines of the pandemic—such as meatpackers, transportation workers, and grocery clerks—have been deemed so worthless that legislators want to immunize their employers from liability even as they force them to work under unsafe conditions. In East New York, police assault black residents for violating social-distancing rules; in Lower Manhattan, they dole out masks and smiles to white pedestrians.
'The pandemic has introduced a new clause to the racial contract. The lives of disproportionately black and brown workers are being sacrificed to fuel the engine of a faltering economy, by a president who disdains them. This is the COVID contract.'
Thank you for sharing this. The author puts it so eloquently, and yet it's so depressing. I've been secretly judging my FB friends who are so excited to go get their nails done on Friday, when the governor opens things up again. Like, do you think things suddenly became safe for you AND the employees?
Post by goldengirlz on May 10, 2020 20:01:01 GMT -5
I’m so glad someone finally wrote this article. I’ve been so annoyed when people look around them and declare this virus not a problem because no one they know has been affected.
The article is infuriating but it’s important that we start to talk about the impact of this pandemic in the U.S. in terms of social and racial justice, not just public health vs. the economy.
I read this yesterday and was just seething and crying. It is not new information nor is it at all surprising, but heartbreaking and frustrating none the less.