Thursday, August 20, 2015

Pursuing Justice, Justly: A Reflection for Parashat Shof’tim, Saturday 22 August 2015

Shaun King

Rachel Dolezal, today and in high school
Everybody’s heard of the Black Lives Matter movement.  It came into being sometime after the case of Trayvon Martin.  Martin was the black teenager who was killed by neighbourhood watch volunteer George Zimmerman, in a violent confrontation in Sanford, Florida.  Black Lives Matter found its voice after a number of violent encounters between police and African-Americans in various places in the USA. 
It is certainly a noble principle to remind the public that there is value in the lives of each and every human being.  But when some state that ‘black lives matter’ is an inferior slogan to ‘all lives matter,’ they get shouted down and called ‘racist.’ 
Many members of society, whatever their personal racial makeup, experience the pain of exclusion and marginality.  Maybe it is time to explore the nature of society which determines who’s in and who’s out.  And strategise to assist those who are ‘out’ for whatever reason, and to help them find their way in.  But would-be revolutionaries whose influence is based on grievance, find that notion dismiss-able at least.  Because it contextualizes their particular grievance into a greater quest for opportunity and advantage.  And marginalizes those who seek to profit from their own particular grievance.  And that's why we have the Shaun King’s and Rachel Dolezal’s of the world.
          Shaun King, a blogger on the Daily Cos, is one of the founders and principal spokesmen for Black Lives Matter.  It turns out he isn’t black at all.  Not even half-black, like President Obama.  Both his parents were white.  Does that make him unqualified to lead a movement that advocates for the rights of black people?  No, of course not.  But in this day and age, no black people would accept him as a leader if he were not black.  So when he claims to have been bullied in school for being biracial, he is not telling the truth.  He may very well have been bullied, ffor any number of reasons.  Maybe he should have become a crusader against bullying.  But for whatever reason, he built himself a fictitious identity around his supposedly being biracial.  Why?
          Perhaps this might shed some light:  he attended Morehouse College, an historically-black college on a free ride.  A scholarship paid for by Oprah Winfrey which is only available to black males.  It would at least seem that he created an identity for financial gain.  I don’t believe that there are any scholarships specifically for victims of childhood bullying.  If there were, half the students alive – perhaps more – would be eligible!
          Then there’s Rachel Dolezal.  She’s another person without a drop of black blood in her veins, who has created for herself a persona of a biracial person.  Using that legend, she built two careers.  The first as an instructor of African-American Studies at Eastern Washington University.  The second, as a professional activist, serving in various salaried positions culminating in her election as president of her local branch of the NAACP – the National Association for the Advancement of Colored People.  Does being white, disqualify Rachel Dolezal from advocating for black people?  Again, of course not.  But today, as a white person she would never build a career on such advocacy.  Dolezal, after finishing high school moved far from home, to Mississippi where she created her legend of being part-black.  She parlayed that into a free ride at Howard University, another historically-black school, where she took her MA.
          There is justice, from the Hebrew word tzedek.  It has a number of synonyms, among them:  fair play, equity, neutrality, objectivity.  Our Torah reading this week, Parashat Shof’tim, opens with a plea for justice.  You shall not pervert judgement, you shall not respect someone’s presence, and you shall not accept a bribe. (…) Justice, justice shall you pursue, so that you shall live and possess the land that Hashem your G-d, gives you.
          Then there is social justice.  The dictionary definition of social justice is:  Justice in terms of distribution of wealth, opportunities, and privileges within a society.  But it has come to mean something more like social engineering for the purpose of righting historic injustices.  Like many concepts, it sounds noble.  Like many concepts that sound noble in theory but aren’t so much so in practice, the drive for social injustice itself, unfortunately leads to injustice.  And it also gives us characters like Shaun King and Rachel Dolezal.
          Both individuals have histories of deception and dishonesty, aside from their false racial identities.  Dishonesty is dishonesty, whatever the purpose of the deception.
          But an important point is:  why would someone engage in deception in order to be seen as a member of a supposedly-oppressed minority?  And the answer to that is the result of the drive for social justice.  No matter how well-intentioned, any offering of advantage to specific targeted populations is sure to create new inequalities.  And draw out those who will use them to their own advantage.  Even through dishonesty.
          That’s one of the explanations why our Torah reading repeats the word tzedek.  The statement reads:  tzedek, tzedek, tirdof.  Justice, justice, shall you pursue.  If there’s not one extraneous pen stroke in the Torah, as the traditionalist avers, then why the doubled word?  Some commentators take it to mean that we must pursue justice, justly.  Creation of new injustices – new advantages to the historically oppressed – are not justified.  Good intentions do not justify injustice.
          A number of black and other minority thinkers have pointed out the danger in lowered standards and set-asides, even when intended to set historical wrongs right.  They point out that every black student on a university campus must work doubly hard to prove himself, because he is under the suspicion of being handed his seat at university in the interests of affirmative action.  Therefore, black students are less likely to be challenged or taken seriously by their professors or their peers.  And what this creates is a form of racism…in the interest of eradicating Racism.
          If Racism is a persistent problem – and many agree that it is – then it makes no sense to employ means shown to create and perpetuate racism in the drive to eradicate it.  The use of unjust means in the service of justice is often attractive.  That’s why, many would argue, the caution was stated in the Torah.  If the ancient Israelites did not have a tendency to engage in specific behaviors, the argument goes, Hashem would not have needed to use the Torah to forbid them.  Any act that is expressly forbidden in the Torah can be assumed to have had at least some attraction for the people Israel.

          Understanding this tendency, we can understand the tendency in our own age to do the same.  And we can understand the timelessness of the lesson.  And heed it.  Or not.  Shabbat shalom.

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