This morning, I heard Andrew Sullivan say something wise and true on the Diane Rehm Show. The discussion was about empathy, courts and Sotomayor. A caller who identified himself as a white male Obama voter said he was troubled by the implications of Sotomayor's statement re: the relative wisdom of empathetic Latina judges over white males. The caller said that no white man could get away with making that comparison. Of course he's right, and I think much of the outrage from the right over what Sotomayor says comes not because white people think that your personal circumstances have no bearing on how you see the world, but because of the double standard employed in speaking honestly about such things. (Daniel Larison speaks to this point in a couple of places on his blog; do go read them).
The caller was resentful of the idea of "white male privilege," saying that he's a white male who drives a truck for $14 an hour, and if that's anybody's idea of privilege, they can have it.
I think this man is absolutely right to resent how in these media discussions, it's assumed that all white men must be Rush Limbaugh or Warren Buffett. In point of fact, through my family's fire department discussions, I know of a working-class white man who worked very hard to get onto the department squad, but was routinely turned down for racial reasons, despite his superior scores. He was told point-blank by the chief that the chief would like to hire him, but there was a quota problem. I know this guy somewhat, and he was, and I assume still is, a hard worker who studied a lot, and busted his butt, to make it onto the department. And he was explicitly denied his opportunity because of the color of his skin. This, as you know, is the moral issue in the Ricci case, which we'll be hearing more about. Some "white male privilege" this working-class white man benefited from.
In the Diane Rehm Show discussion that followed, Sullivan agreed that the caller made an important point, but said, as I've done, that Sotomayor's point in larger context deserved greater consideration. That is, all judges, being human beings, make their decisions based not only on the law, but on many factors -- including their own personal backgrounds. Dispassion is quite rightly the ideal in a jurist, but we can't ignore that we are not machines -- objects -- but subjects who have been shaped by our contexts. That's just a fact of human nature. Sullivan went on to say that consciousness of how our own experiences shape our worldviews may in fact be a prerequisite for achieving dispassion, that if we aren't fully aware of how our views were formed, and our potential biases, we are in a poor position to overcome them.
I think this is true. I also think it is helpful to be, or to have been, a minority in a given context. Working in a profession and having once lived in a culture (NYC's) in which religious conservatives are very much the minority gives me a certain perspective on what other minorities must deal with. That is not to say that I will always agree with the "minority perspective," whatever that is. How could I? How could anybody? Still, it's important to have had the experience of not being in power, to grasp emotionally what that must be like. The danger comes in thinking that because you have not been in power, that your resentments, however justified, somehow make you immune to abusing power when and if you and your kind achieve it. Human beings are fallen creatures. Your race, gender, ethnicity, religion, sexual orientation -- none of that protects you from being likely to abuse power. But wise people, having been a (relatively) disempowered minority, will know in their bones what that feels like, but also be conscious of the temptation to become guilty of the same thing when and if they take power. The balance between empathy and dispassion is critical, especially in judges, but also in all of us.
If Sonia Sotomayor believes that, then we're going to benefit from her being on the court. If not, not. I expect all of this to get a full airing this summer. It's important that we talk about it, and talk about it as soberly as possible.
Sorry these thoughts are so disjointed, but I'm out the door in a minute, off to England this afternoon. Erin's in charge. I'll blog from Cambridge this weekend, if I can, but once class starts next week, I'm incommunicado.