Conlawprof, America, and “Race”

Professor GGG,

You wrote: “[S]urely you don’t believe that there is only ‘one race’ in America. I can understand an argument that there are in effect ‘no races’ in America because scientists have disproved what might be called the ontology of race and racism.”  

“Race” has more than one meaning. The biological / skin pigment sense is hardly the only one—and, maybe, not the original one used by European explorers when they came upon new civilizations in the Americas and elsewhere during the Age of Exploration.

Consider, for example, Lincoln’s use of the term in 1864:

Speech to the One Hundred Sixty-sixth Ohio Regiment

Washington, D.C.

August 22, 1864

I suppose you are going home to see your families and friends. For the service you have done in this great struggle in which we are engaged I present you sincere thanks for myself and the country. I almost always feel inclined, when I happen to say anything to soldiers, to impress upon them in a few brief remarks the importance of success in this contest. It is not merely for to-day, but for all time to come that we should perpetuate for our children’s children this great and free government, which we have enjoyed all our lives. I beg you to remember this, not merely for my sake, but for yours. I happen temporarily to occupy this big White House. I am a living witness that any one of your children may look to come here as my father’s child has. It is in order that each of you may have through this free government which we have enjoyed, an open field and a fair chance for your industry, enterprise and intelligence; that you may all have equal privileges in the race of life, with all its desirable human aspirations. It is for this the struggle should be maintained, that we may not lose our birthright—not only for one, but for two or three years. The nation is worth fighting for, to secure such an inestimable jewel.

[END]

<http://www.abrahamlincolnonline.org/lincoln/speeches/ohio.htm> (emphasis added).

For Lincoln, as used above, “race” means the “race of life” and includes all who are sufficiently part of the polity, and therefore, includes all who can participate in all the aspirations that follow from such membership. In this view, slavery was wrong because it excluded some from that race—and those who were excluded in effect had no “race” at all. Those who were excluded from the polity were deracinated.

Seth

Seth Barrett Tillman, Conlawprof, America, and “Race,” New Reform Club (Mar. 3, 2019, 11:35 PM), <https://reformclub.blogspot.com/2019/03/conlawprof-america-and-race.html>.