In the introduction to The Racial Contract, the late Charles Mills, a political philosopher and critical theorist, claims that his book rests on three claims: first, that white supremacy as a conceptual and political phenomenon exists and has existed for several centuries across the world; second, that white supremacy is most appropriately understood as a political system; and third, as a political system, white supremacy can be theorized as based on a “contract” between whites that excludes and subordinates nonwhites—that is, as a Racial Contract. The “Racial Contract,” with quotation marks, is a theory of this Racial Contract, which Mills explains is a set of formal and informal settlements between the members of one subset of humans coextensive with the class of full persons and denominated “white,” to classify the remainder of humans as “nonwhite” and of an inferior moral status, i.e. as subpersons, so that they are subordinate to whites in white-ruled polities. Central to the contract is that the moral and judicial rules that apply to the behavior of whites in their relations with one another either do not apply at all in relations with nonwhites or only in a qualified form. The Racial Contract, then, justifies the exploitation of nonwhites’ bodies, land, and resources, as well as the denial of equal socioeconomic opportunities to them (11). For Mill, the Racial Contract is inextricably bound up with the social contract tradition. In fact, Mills states that “the Racial Contract is . . . the truth of the social contract,” in that the social contract, as conceptualized by early modern political theorists like Hobbes, Locke, Rousseau, and Kant, represented an attempt to reconcile the political ideals of the new liberal philosophy with the massacre, expropriation, and subjection to hereditary slavery of individuals across the world who were ostensibly human (64). The Racial Contract resolved this contradiction: the social contract and its liberal ideals applied only to full persons, that is, whites.
On one level, then, Mills critiques the social contract tradition as complicit with the white supremacy embodied by the Racial Contract as a historical political reality. On another level, however, he appropriates and subverts the social contract tradition to articulate the “Racial Contract” as a theory. The “Racial Contract,” as Mills frequently asserts, is both descriptive and normative, not unlike the social contract as described by Hobbes, Locke, and Rousseau. It is descriptive in that it explains the actual inception of society and the state, the way society is structured, and the latent effects of institutionalized white supremacy on individuals’ moral worldviews. In these ways, its function mirrors the quasi-historical explanatory function of the social contract in the classical tradition. At the same time, it is normative in that it provokes moral assessments of justice and injustice and identifies obstacles to the realization of liberal political ideals. In this respect, too, the “Racial Contract” participates in the classical tradition, albeit in a somewhat different vein, since the social contract as conceived by Hobbes and Locke, for example, is meant to justify certain norms and the institutional makeup of a just social order. The closest parallel to the “Racial Contract” as a “naturalized” account to explain the rise of a nonideal society is the social contract described by Rousseau in his Discourse on Inequality. Unlike the ideal contract, which explains how a just society should be structured, the nonideal, naturalized contract explains how an unjust, exploitative society ruled by an oppressive state comes into existence. “If the ideal contract is to be endorsed and emulated,” Mills explains, “this non-ideal/naturalized contract is to be demystified and condemned” (5). The “Racial Contract” as a theory critically analyzes the Racial Contract qua historico-political phenomenon to enable us “to understand the polity’s actual history and how [its] values and concepts have functioned to rationalize oppression, so as to reform them” (6).
Mills is persuasive in his efforts both to describe the historical reality of the Racial Contract and its conceptual connections to the social contract tradition. To demonstrate the latter, he identifies “some direct evidence” in the texts of the classical contract theorists themselves and plausibly speculates that the reason why the white supremacist basis for their theories has so infrequently been addressed is out of embarrassment on behalf of white, western philosophers (64). It is an especially painful embarrassment that these philosophers’ “most important moral theorist of the past three hundred years,” i.e. Immanuel Kant, “is also the foundational theorist in the modern period of the division between Herrenvolk and Untermenschen, persons and subpersons, upon which Nazi theory would later draw. Modern moral theory and modern racial theory have the same father” (72). In part due to this intellectual ancestry, Mills thinks that contemporary social contract theorists like John Rawls are complicit in the Racial Contract. Their complicity is not, admittedly, attributable to their endorsement of the same racist beliefs held by the classical contractarians; rather, it has to do with their preoccupation with ideal political theory, which excludes “eminently nonideal features of the real world” like the Racial Contract (76). More specifically, because contemporary contractarianism is decidedly ahistorical and acontextual, intentionally oblivious to the empirical realities of white supremacy as a political system, it obfuscates the actual political issues that have concerned nonwhite communities and individuals for centuries (124). Consequently, there is “no conceptual point-of-entry” for nonwhite theorists to talk about “the fundamental way in which (as all nonwhites know) race structures one’s life and affects one’s life chances” (76). In other words, Mills thinks that raceless contractarianism silences theorists and dissidents who seek to call attention to white supremacy in our culture and political institutions.
Based on this critique, it seems that Mills objects more to ideal political theory than contemporary contractarianism specifically. And this is a perfectly reasonable critique he shares with feminists, communitarians, and other non-ideal political theorists. Political theory, he asserts, must be able to name and account for phenomena associated with the Racial Contract, and to the extent that ideal theory obscures these phenomena, it is inadequate. Mills claims that “the silence of mainstream moral and political philosophy on issues of race” is an indication of the power that the Racial Contract still has over thinkers today, “an illusory color blindness” that reinforces white supremacy (77). This may be true, and I am sympathetic to critical race theorists, feminists, and communitarians who promote a more hermeneutical approach to political theory, but I am not sure it means that we must simply jettison ideal theory entirely. Ideal theory, in my view, serves a crucial philosophical function: as Rawls explains in A Theory of Justice, it provides both a critical and constructive standard from which to work and so helps clarify the moral issues at stake in non-ideal circumstances. We would do well to appreciate the value of this function, just as we would do well not to overlook the historical reality of the Racial Contract and its contemporary hold over much of society. Is it not possible to oscillate between the ideal theory of Rawls and the “Racial Contract” of Mills at different moments in our reflection on political life? Must we choose one over the other? Mills dispenses with that possibility perhaps a bit too quickly.
As a final note, I think it is important in our current cultural and political context to briefly comment on how Mills positions the “Racial Contract” in relation to postmodernism. He flatly states that “the ‘Racial Contract’ is not a ‘deconstruction’ of the social contract.” The “Racial Contract” is, rather, a work of critical theory, and more specifically critical race theory, and “antipostmodernist.” In perhaps one of the most crucial sentences of the book, Mills writes that “it criticizes the social contract from a normative base that does not see the ideals of contractarianism themselves as necessarily problematic but shows how they have been betrayed by white contractarians” (129, my emphasis). Moreover, he adds, “it is explicitly predicated on the truth of a particular metanarrative, the historical account of the European conquest of the world, which has made the world what it is today. Thus it lays claims to truth, objectivity, realism, the description of the world as it actually is, [and] the prescription for a transformation of that world to achieve racial justice” (ibid.). These remarks show that Mill’s brand of critical race theory is far from the crude caricature peddled by white nationalists in their efforts to exploit white backlash to recent anti-racist movements in the United States. They also demonstrate that, at bottom, Mills is committed to political liberalism. As Tommie Shelby helpfully characterizes Mills’s project in his foreword to the twenty-fifth anniversary edition, “Mills seeks to revise, deracialize, and radicalize liberalism so that it can be put to liberatory ends” (xxii).