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Race, Wrongs, and Remedies: Group Justice in the 21st Century (Hoover Studies in Politics, Economics, and Society), by Amy L. Wax
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Black Americans continue to lag behind on many measures of social and economic well-being. Conventional wisdom holds that these inequalities can only be eliminated by eradicating racism and providing well-funded social programs. In Race, Wrongs, and Remedies, Amy L. Wax applies concepts from the law of remedies to show that the conventional wisdom is mistaken. She argues that effectively addressing today's persistent racial disparities requires dispelling the confusion surrounding blacks' own role in achieving equality.
The evidence overwhelmingly suggests that discrimination against blacks has dramatically abated. The most important factors now impeding black progress are behavioral: low educational attainment, poor socialization and work habits, drug use, criminality, paternal abandonment, and non-marital childbearing. Although these maladaptive patterns are largely the outgrowth of past discrimination and oppression, they now largely resist correction by government programs or outside interventions. Wax asserts that the black community must solve these problems from within. Self-help, changed habits, and a new cultural outlook are, in fact, the only effective tactics for eliminating the present vestiges of our nation's racist past.
Published in cooperation with the Hoover Institution
- Sales Rank: #774353 in Books
- Published on: 2009-07-16
- Original language: English
- Number of items: 1
- Dimensions: 9.37" h x .75" w x 6.34" l, .95 pounds
- Binding: Hardcover
- 200 pages
Review
(Amy Wax) reviews a great deal of social science data showing the pallid or perverse effects of policies aimed at teenage pregnancy, education, job training, prison rehabilitation, and many more. (American Lawyer, October 1, 2009)
Amy Wax's Race, Wrongs, and Remedies is a provocative discussion of policies to close the race gap in America. Using the insightful legal distinction between liability and remedy, she shows that self-help can be a powerful force for remediating social wrongs. This book will help change the dialogue of race in America from a discussion about passive victims, guilt, and reparations to a more active embrace of individual responsibility and human agency. Its message is bold and clear. (James J. Heckman, professor of economics, The University of Chicago)
Professor Wax's book is the quintessence of cool, clean, and unassailable good sense. One is to be pardoned for wondering whether the most important book on race of the year could be one by a white female law professor. Well, one need wonder no more―it is. (The New Republic 2010-07-14)
Amy L. Wax combines conceptual insights from the law of torts and remedies with a thorough reading of the scholarship on racial disparities to bring much-needed clarity to the discussion of the black man's burden. (Claremont Review of Books 2011-07-01)
Wax combines conceptual insights from the law of torts and remedies with a thorough reading of the scholarship on racial disparities to bring much-needed clarity to the discussion of the black man's burden.
Every officer in the Department of Families, Housing, Community Services and Indigenous Affairs should read this book. Indeed, every federal or state public servant delivering services to, and/or making policy for Aborigines should think deeply about the applicability to Aborigines of Amy Wax's insights into the plight of black Americans. (Public Administration)
Review
Professor Wax's book is the quintessence of cool, clean, and unassailable good sense. One is to be pardoned for wondering whether the most important book on race of the year could be one by a white female law professor. Well, one need wonder no more--it is.
About the Author
Amy L. Wax is Robert Mundheim Professor of Law at the University of Pennsylvania Law School, where she teaches courses on procedure, remedies, and social welfare. From 1988 to 1994, she was an Assistant Solicitor General at the U.S. Department of Justice and has argued fifteen cases before the United States Supreme Court. She lives with her husband and three children in Jenkintown, Pennsylvania.
Most helpful customer reviews
35 of 38 people found the following review helpful.
Finally, a refreshingly honest and smart book on race
By Sammie
Much is written about race these days, but little is said. The prevailing discussion about race and social welfare policy has become predictable and an unproductive. Authors focus on blame and how to craft polices to undo the harm of the past. Despite years of mounting evidence that this approach is systematically flawed, the march continues steadfastly on: improvements for racial minorities can only come with additional government policies which must focus on how the dominate culture will cure the ills of minorities.
Professor Wax's contribution is a welcome departure from this mindset. In this book, she provides compelling and thoughtful arguments that the traditional role of social welfare policy is fatally flawed. Some change simply comes from those afflicted by the wrongs and no amount of help from those who inflicted the damage will make things better. As Wax notes in the Pedestrian Parable, at some point, the affliction becomes internal and only those affected can ameliorate the damage. While I'm sure this book will be vilified by some and ignored by many, those who are willing to read it with an open and discerning mind will be the better for it.
16 of 18 people found the following review helpful.
A courageous and important book
By Richard B. Schwartz
This is a courageous book. Describing its perspective as `self-help', the author argues that structural, governmental, `external' solutions for inequalities by race have now largely run their course and their returns have diminished significantly. The solutions to inequality now rest with the black community itself. `Hard struggles' remain, but `brick walls' have largely been removed. The principal problems causing the continuing inequalities are behavioral and cultural.
Given the response to arguments along this line from Bill Cosby, Juan Williams, et al., this is not a point of view that is likely to be warmly and enthusiastically embraced. She comes to the argument with a lawyer's perspective, one informed particularly by the laws governing liability and remedies.
Her key insight/example concerns a parable of an injured pedestrian. The pedestrian is hit by a guilty motorist. The motorist is directed to do all in his power to make the injured pedestrian whole. He attempts to do so. However, there are certain things that the injured pedestrian must do for himself. The guilty driver will pay for his medical care, medications and physical therapy, for example, but the injured pedestrian must show up for his appointments, fill and take his prescriptions and perform the exercises required by his physical therapist. In some ways this seems unjust. The motorist was guilty, the pedestrian innocent, but his return to health is dependent on his, not just the motorist's actions.
The author's argument is that this does in fact appear to be unjust, and that we cannot absolve the motorist of guilt. At the same time, the irreducible fact is that in the current (admittedly unfair) circumstance, the pedestrian will not walk again unless and until he takes responsibility for those things which he and only he can do.
The author rehearses some well-known facts: that the black family was stronger prior to the 1960's and that out-of-wedlock births have increased (to the 70% level) at a time when individuals experience less discrimination. She studies test scores and the per-pupil investments in public education (slightly higher now in the largely black community than in the largely white). Her prescriptions are traditional ones: establish stable families, avoid having babies prior to marriage, complete high school and develop characteristics that will help further one's success in school as well as on the job--dependability, tenacity, dedication, and so on.
There are several reasons why the initial reactions to the book have been far less hostile than one might have expected. First, the author is a senior law professor at an ivy league institution. In all that she says she appears to be a serious and fair-minded person who genuinely seeks the end to racial inequalities. The issues at stake are, in many cases, legal ones and she has expertise in this area. Most important, the book is a thoroughgoing, scholarly one. Its relatively brief text is anchored by weighty annotation. Like many social scientists, she feels the need to document nearly every assertion. Of course, in an area as important and controversial as this, one needs to document such assertions. She does so.
This is not to suggest that the book is an unreadable tome. It is not. It is written with lucidity and clarity and it is accessible to any reader interested in the subject. She anticipates the responses of political and community critics and does so generously and politely. She also examines the `deterministic' and reductionist nature of previous arguments based in the social sciences and assesses their usefulness. We have come, she argues, as far as we can with `external' solutions; we now need `internal' ones. This book will now be an important element in any future discussion of race and inequality in America.
15 of 18 people found the following review helpful.
Three cheers for Blame the Victim!
By Herbert Gintis
Since about 1985 I have held a "blame the victim" attitude towards minority oppression. By this I have never meant in any way that the victims deserve their plight. Far from it: victims are victims and will remain victims until they end their victimization. Rather, I have been arguing that only by banning together in collective struggle can the victimization be defeated, and only the victims have a real interest in ending their own oppression.
Jews, Gypsies and gays were not responsible for being gassed, shot, hanged, and simply kicked to death by Hitler, with the deep appreciation of a large section of the German and surrounding peoples. But they are responsible for making sure this does not happen again. This can happen only if they blame themselves for their near-eradication. Of course, the non-oppressed have a moral obligation for aiding in any way they can the cause of the oppressed. But, the bottom line is people must end their own oppression however they can manage to do so.
In this lucid and hard-hitting essay on the politics of race in the United States, Amy L. Wax, a University of Pennsylvania law professor, makes a completely different argument, coming not from history and collective action, but from tort law. She takes without argument the premise that the position of poor blacks in America is due to a culture of poverty that was foisted upon the urban black community by virtue of centuries of slavery and racial bigotry. I believe that this premise is completely accurate and serves as an auspicious starting point for the analysis. Wax then distinguishes between liability and remedy. While others are liable for the position of poor blacks in America, remedy lies wholly in the hands of the inner-city black community itself.
Her paradigmatic analogy is with a pedestrian crippled after being hit by a car. The driver of the car and the insurance company may be liable, both morally and financially, but the major part of the remedy lies with the pedestrian himself, who will recover the use of his legs only by following a strict and demanding regime of exercise and diet. "accepting a key role for victims does not `blame the victim' because," writes Wax, "it implies no exoneration of the wrongdoer. As the parable of the pedestrian illustrates, relying on victims to heal their own injuries does not mean denying that others have harmed them." (p. 119).
Wax's argument is absolutely brilliant. Staggeringly brilliant. It is certainly a lot better than my argument in silencing the critics who say "your blame the victim argument self-servingly exonerates the perpetrators of oppression." Wax absolutely deep-sixes this (lame) critique. Moreover, she gives absolutely not ground to the "remedial idealism" (p. 107) typical of American sociologists, who make a good living simpering over the indignities of racial injustice. She also has only scorn for the postmodern ideal that all social institutions are "socially constructed" and hence the culture of others cannot be criticized. Wax has no trouble attacking the cultural practices of the ghetto that perpetually ghettoize, and the dimwitted ideas of the postmodernists. She similarly attacks affirmative action and such "double standards" as allowing minorities to join the police force despite their inability to pass the entrance exams.
Wax writes with full authority and clarity, without ever overextending her argument. This is a deeply, deeply persuasive work of historical importance. Of course, it has all been said before (think of the comedian Bill Cosby, and those who have called Al Sharpton and other self-appointed black leaders "professional beggars"). But it has not been said with such clarity and authority. I think Wax goes too far in rejecting help from the outside. People need all the help they can get. It is just that in the end, we stand alone in determining our fate as individuals and as peoples.
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