Earlier this month in the Atlantic magazine, Adam Serwer used Charles Mills’ theory of the American racial contract to explain the racism of the national response to COVID-19 as well as the killing of unarmed black people. Parts of that discussion are excerpted here.
“Several weeks ago, Ahmaud Arbery went out and never came home. Gregory and Travis McMichael, who saw Arbery running through their neighborhood just outside of Brunswick, Georgia, and who told authorities they thought he was a burglary suspect, armed themselves, pursued Arbery, and then shot him dead.
“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 have never met.
“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.’”
“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.”
Adam Serwer commented later about the more recent killing of George Floyd by Minneapolis police officers:
“George Floyd was not shot, but he was killed on video by Minneapolis police while both Floyd and bystanders pleaded for help. The officers arresting him did nothing to save him. That indifference to Floyd’s life is a clause in the racial contract, in that the officers themselves did not see Floyd’s life as one they were bound to serve and protect, and did not expect to be punished for failing to do so.”
“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.
“But 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.
“Although the full picture remains unclear, researchers have found that disproportionately black counties “account for more than half of coronavirus cases and nearly 60 percent of deaths.”* The disproportionate burden that black and Latino Americans are bearing is in part a direct result of their overrepresentation in professions where they risk exposure, and of a racial gap in wealth and income that has left them more vulnerable to being laid off. Black and Latino workers are overrepresented among the essential, the unemployed, and the dead.”