23 Trial Lawyer • Spring 2024 while disregarding the negative effects these choices have on the long-term stability of our newly integrated societies. It appears we will remain overweight and racist for the foreseeable future. But for some reason, people readily seek solutions to the former, but balk at the latter. Dominant groups, not race Every society divides into groups. Among these groups are the groups in power or the dominant groups, and those with less power or the minority groups. While racial groups of both types have similar racist tendencies, dominant racial groups have the power to enforce them while the minority groups generally do not. I have gotten pushback on this idea from some who believe racism is uniquely a white group problem. However, if all races are equal, there would be no reason to conclude that members of one racial group are inherently more biased than those of another. To do so would be to suggest the races are unequal after all. Therefore, it would be incorrect to say that in America, for example, the dominant white group is more racially biased than the minority groups. Instead, the dominant group in America is simply doing what all dominant groups do because they can. They set social norms and presume they are universal. They consciously and unconsciously set up structures and systems that favor themselves. Implicit in the laws they enact are advantages for their own group members. They do so because they suffer from the same blind spots all people do, which cause them to not recognize the implicit biases and racism inherent in the systems they build. If we look across human history, we see that racial dominance varies in its expression. Some dominant groups are more interested in systematized and organized power. Others are mostly satisfied with financial gain and expansion. However, one thing remains common across all dominant groups: their dominance is fungible. Minority groups in a foreign country are the dominant group in their home countries where they oppress their minority groups. This shortsighted behavior is exacerbated by dominance and crosses all racial lines. The sooner we understand that no races are immune, the sooner we can embrace remedies for an ailment that afflicts us all. Solutions for the political right Recognize the privilege that comes from being part of the dominant group. This does not mean you are better or worse than those in the minority groups. You are simply a member of the group that is in the dominant position for now. You possess the power to set societal norms and impose laws that favor your group. This inevitably bakes structural racism into the systems you create and fosters implicit biases toward those outside the group. You are what you are — members of the privileged dominant group acting like members of the dominant group. Outrage at those who point this out to you serves little purpose. Solutions for the political left Recognize that it is counterproductive and inaccurate to single people out for their racism without acknowledging the same in yourself. Replace outrage at the dominant group with the understanding that this is normal behavior, and that you would do the same in their shoes. Push hard for policies and laws to counteract this imbalance but lose the virtue signaling and shaming, for this only alienates the very dominant group allies you need on your side. A consequentialist conclusion Racial groups that dominate in one time period would do well to remember that they did not always dominate in the past, nor will they always do so in the future. In our quickly shifting modern world, the dominance of a racial group can change in a generation. Therefore, it behooves everyone to 1) admit our racism so 2) we can all identify and combat the biases and prejudices that afflict us all as a species still evolved for a prior different world. A dose of Rawlsian consequentialism in our lawmaking would do us well, for we are all truly ignorant of who the dominant groups of tomorrow will be, and whether we will be among their members. If for no other reason than our own selfinterest and preservation, we should help construct laws and societal norms that endure to counteract the inevitable racism we will face when we become the minority. Emery Wang is a partner with Vames Wang & Sosa in Gresham and Hillsboro. He is the founder of the Oregon Chinese Lawyers Association. Wang contributes to OTLA Guardians at the Guardians Club Plus level. You can contact him at 600 NW Fariss Rd., Ste. 118, Gresham, Oregon 97030. He can also be reached at 503-6228965 or emery@vameswang.com. 1 “The Difference Between ‘Racism’ and Racial Bias”, Braswell, Porter. Diversity Explained, 25 Oct. 2022, https://www.diversityexplained.com/ read/racismvsracialbias.
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