Social Contract Term Analysis

When white people say "Justice," they mean "Just us."
—Black American folk aphorism.

The “Racial Contract,” then, is intended as a conceptual bridge between two areas now largely segregated from each other: on the one hand, the world of mainstream (i.e., white) ethics and political philosophy, preoccupied with discussions of justice and rights in the abstract, on the other hand, the world of Native American, African American, and Third and Fourth World political thought, historically focused on issues of conquest, imperialism, colonialism, white settlement, land rights, race and racism, slavery, jim crow, reparations, apartheid, cultural authenticity, national identity, indigenismo, Afrocentrism, etc. These issues hardly appear in mainstream political philosophy, but they have been central to the political struggles of the majority of the world’s population. Their absence from what is considered serious philosophy is a reflection not of their lack of seriousness but of the color of the vast majority of Western academic philosophers (and perhaps their lack of seriousness).

The Racial Contract is that set of formal or informal agreements or meta-agreements […] between the members of one subset of humans, henceforth designated by (shifting) “racial” (phenotypical/genealogical/cultural) criteria C1, C2, C3 . . . as “white,” and coextensive (making due allowance for gender differentiation) with the class of full persons, to categorize the remaining subset of humans as “nonwhite” and of a different and inferior moral status, subpersons, so that they have a subordinate civil standing in the white or white-ruled polities […] the general purpose of the Contract is always the differential privileging of the whites as a group with respect to the nonwhites as a group, the exploitation of their bodies, land, and resources, and the denial of equal socioeconomic opportunities to them. All whites are beneficiaries of the Contract, though some whites are not signatories to it.

It would be a fundamental error, then—a point to which I will return—to see racism as anomalous, a mysterious deviation from European Enlightenment humanism. Rather, it needs to be realized that, in keeping with the Roman precedent, European humanism usually meant that only Europeans were human. European moral and political theory, like European thought in general, developed within the framework of the Racial Contract and, as a rule, took it for granted.

The golden age of contract theory (1650 to 1800) overlapped with the growth of a European capitalism whose development was stimulated by the voyages of exploration that increasingly gave the contract a racial subtext. The evolution of the modern version of the contract, characterized by an antipatriarchalist Enlightenment liberalism, with its proclamations of the equal rights, autonomy, and freedom of all men, thus took place simultaneously with the massacre, expropriation, and subjection to hereditary slavery of men at least apparently human. This contradiction needs to be reconciled; it is reconciled through the Racial Contract, which essentially denies their personhood and restricts the terms of the social contract to whites. “To invade and dispossess the people of an unoffending civilized country would violate morality and transgress the principles of international law,” writes Jennings, “but savages were exceptional. Being uncivilized by definition, they were outside the sanctions of both morality and law.” The Racial Contract is thus the truth of the social contract.

The Racial Contract, therefore, underwrites the social contract, is a visible or hidden operator that restricts and modifies the scope of its prescriptions. But since there is both synchronic and diachronic variation, there are many different versions or local instantiations of the Racial Contract, and they evolve over time, so that the effective force of the social contract itself changes, and the kind of cognitive dissonance between the two alters.

Contemporary debates between nonwhites and whites about the centrality or peripherality of race can thus be seen as attempts respectively to point out, and deny, the existence of the Racial Contract that underpins the social contract. The frustrating problem nonwhites have always had, and continue to have, with mainstream political theory is not with abstraction itself (after all, the “Racial Contract” is itself an abstraction) but with an idealizing abstraction that abstracts away from the crucial realities of the racial polity. The shift to the hypothetical, ideal contract encourages and facilitates this abstraction, since the eminently nonideal features of the real world are not part of the apparatus. There is then, in a sense, no conceptual point-of-entry to start talking about the fundamental way in which (as all nonwhites know) race structures one’s life and affects one’s life chances.

My suggestion is that by looking at the actual historically dominant moral/political consciousness and the actual historically dominant moral/political ideals, we are better enabled to prescribe for society than by starting from ahistorical abstractions. In other words, the point is not to endorse this deficient consciousness and these repugnant ideals but, by recognizing their past and current influence and power and identifying their sources, to correct for them. Realizing a better future requires not merely admitting the ugly truth of the past—and present—but understanding the ways in which these realities were made invisible, acceptable to the white population. We want to know—both to describe and to explain—the circumstances that actually blocked achievement of the ideal raceless ideals and promoted instead the naturalized nonideal racial ideals. We want to know what went wrong in the past, is going wrong now, and is likely to continue to go wrong in the future if we do not guard against it.

If to white readers this intellectual world, only half a century distant, now seems like a universe of alien concepts, it is a tribute to the success of the rewritten Racial Contract in transforming the terms of public discourse so that white domination is now conceptually invisible. […] That the revival of Anglo-American political philosophy takes place in this period, the present epoch of the de facto Racial Contract, partially explains its otherworldly race insensitivity. The history of imperialism, colonialism, and genocide, the reality of systemic racial exclusion, are obfuscated in seemingly abstract and general categories that originally were restricted to white citizens.