Black Rights - White Wrongs the-critique

( 142 ) Black Rights/White Wrongs

religious intolerance and racial discrimination are unjust” (17), and that
no one behind the veil of ignorance would “put forward the principle that
basic rights should depend on the color of one’s skin or the texture of one’s
hair” (129). Similarly, he says:  “From the standpoint of persons similarly
situated in an initial situation which is fair, the principles of explicit racist
doctrines are not only unjust. They are irrational. For this reason we could
say that they are not moral conceptions at all, but simply means of suppres-
sion” (129– 30).
Rawls seems to regard race as natural. Thus at one point he refers to “fixed
natural characteristics” that “cannot be changed,” and asserts: “Distinctions
based on sex are of this type, and so are those depending upon race and
culture” (84– 85). He considers the possibility of a society whose basic
structure allocates “unequal basic rights” according to these “starting places
in the basic structure” (84– 85). However, he says such “racial and ethnic
inequalities” “are seldom, if ever, to the advantage of the less favored,” and so
would be ruled out by the difference principle (99). Later he states: “There
is no race or recognized group of human beings that lacks this attribute [the
capacity for moral personality]” (443).
These are the only overt references I can find to race in the 538 pages of
A Theory of Justice. He does talk about slavery at various places (e.g., 135,
137, 218, 286), but the first two references just raise the abstract possibility
of “slavery and serfdom” as a traditional objection to utilitarianism, while
the second two are explicitly to the non- racial slavery of antiquity rather
than American racial slavery. Chapter  53, “The Duty to Comply with an
Unjust Law,” does talk about “permanent minorities that have suffered
from injustice for many years” (312), while chapter  57, “The Justification
of Civil Disobedience,” refers to “subjected minorities” (330) and to situa-
tions when “certain minorities are denied the right to vote or to hold office,
or to own property and to move from place to place” (327). But race is not
explicitly mentioned. Finally, it should be noted that neither “race” nor “rac-
ism” appears in the index, though there are brief textual mentions, as cited
above, while such topics as “segregation,” “Jim Crow,” and “white suprem-
acy” appear neither in the index nor anywhere in the text.

Political Liberalism

Rawls’s second book, two decades later, shows a self- conscious defensive-
ness about Theory’s silences that suggests that these points of criticism
had in fact been raised to him. In his original introduction to the cloth
edition (Rawls 1993), he concedes that the first book does not deal with
race:  “Among our most basic problems are those of race, ethnicity, and

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