Chapter 8.

There is No Justice in History

UNDERSTANDING HUMAN HISTORY IN THE millennia following the Agricultural Revolution boils down to a single question: how did humans organise themselves in mass-cooperation networks, when they lacked the biological instincts necessary to sustain such networks? The short answer is that humans created imagined orders and devised scripts. These two inventions filled the gaps left by our biological inheritance.

However, the appearance of these networks was, for many, a dubious blessing. The imagined orders sustaining these networks were neither neutral nor fair. They divided people into make-believe groups, arranged in a hierarchy. The upper levels enjoyed privileges and power, while the lower ones suffered from discrimination and oppression. Hammurabi’s Code, for example, established a pecking order of superiors, commoners and slaves. Superiors got all the good things in life. Commoners got what was left. Slaves got a beating if they complained.

Despite its proclamation of the equality of all men, the imagined order established by the Americans in 1776 also established a hierarchy. It created a hierarchy between men, who benefited from it, and women, whom it left disempowered. It created a hierarchy between whites, who enjoyed liberty, and blacks and American Indians, who were considered humans of a lesser type and therefore did not share in the equal rights of men. Many of those who signed the Declaration of Independence were slaveholders. They did not release their slaves upon signing the Declaration, nor did they consider themselves hypocrites. In their view, the rights of men had little to do with Negroes.

The American order also consecrated the hierarchy between rich and poor. Most Americans at that time had little problem with the inequality caused by wealthy parents passing their money and businesses on to their children. In their view, equality meant simply that the same laws applied to rich and poor. It had nothing to do with unemployment benefits, integrated education or health insurance. Liberty, too, carried very different connotations than it does today. In 1776, it did not mean that the disempowered (certainly not blacks or Indians or, God forbid, women) could gain and exercise power. It meant simply that the state could not, except in unusual circumstances, confiscate a citizen’s private property or tell him what to do with it. The American order thereby upheld the hierarchy of wealth, which some thought was mandated by God and others viewed as representing the immutable laws of nature. Nature, it was claimed, rewarded merit with wealth while penalising indolence.

All the above-mentioned distinctions – between free persons and slaves, between whites and blacks, between rich and poor – are rooted in fictions. (The hierarchy of men and women will be discussed later.) Yet it is an iron rule of history that every imagined hierarchy disavows its fictional origins and claims to be natural and inevitable. For instance, many people who have viewed the hierarchy of free persons and slaves as natural and correct have argued that slavery is not a human invention. Hammurabi saw it as ordained by the gods. Aristotle argued that slaves have a ‘slavish nature’ whereas free people have a ‘free nature’. Their status in society is merely a reflection of their innate nature.

Ask white supremacists about the racial hierarchy, and you are in for a pseudoscientific lecture concerning the biological differences between the races. You are likely to be told that there is something in Caucasian blood or genes that makes whites naturally more intelligent, moral and hardworking. Ask a diehard capitalist about the hierarchy of wealth, and you are likely to hear that it is the inevitable outcome of objective differences in abilities. The rich have more money, in this view, because they are more capable and diligent. No one should be bothered, then, if the wealthy get better health care, better education and better nutrition. The rich richly deserve every perk they enjoy.

21. A sign on a South African beach from the period of apartheid, restricting its usage to whites’ only. People with lighter skin colour are typically more in danger of sunburn than people with darker skin. Yet there was no biological logic behind the division of South African beaches. Beaches reserved for people with lighter skin were not characterised by lower levels of ultraviolet radiation.

Hindus who adhere to the caste system believe that cosmic forces have made one caste superior to another. According to a famous Hindu creation myth, the gods fashioned the world out of the body of a primeval being, the Purusa. The sun was created from the Purusa’s eye, the moon from the Purusa’s brain, the Brahmins (priests) from its mouth, the Kshatriyas (warriors) from its arms, the Vaishyas (peasants and merchants) from its thighs, and the Shudras (servants) from its legs. Accept this explanation and the sociopolitical differences between Brahmins and Shudras are as natural and eternal as the differences between the sun and the moon.¹ The ancient Chinese believed that when the goddess Nü Wa created humans from earth, she kneaded aristocrats from fine yellow soil, whereas commoners were formed from brown mud.²

Yet, to the best of our understanding, these hierarchies are all the product of human imagination. Brahmins and Shudras were not really created by the gods from different body parts of a primeval being. Instead, the distinction between the two castes was created by laws and norms invented by humans in northern India about 3,000 years ago. Contrary to Aristotle, there is no known biological difference between slaves and free people. Human laws and norms have turned some people into slaves and others into masters. Between blacks and whites there are some objective biological differences, such as skin colour and hair type, but there is no evidence that the differences extend to intelligence or morality.

Most people claim that their social hierarchy is natural and just, while those of other societies are based on false and ridiculous criteria. Modern Westerners are taught to scoff at the idea of racial hierarchy. They are shocked by laws prohibiting blacks to live in white neighbourhoods, or to study in white schools, or to be treated in white hospitals. But the hierarchy of rich and poor – which mandates that rich people live in separate and more luxurious neighbourhoods, study in separate and more prestigious schools, and receive medical treatment in separate and better-equipped facilities – seems perfectly sensible to many Americans and Europeans. Yet it’s a proven fact that most rich people are rich for the simple reason that they were born into a rich family, while most poor people will remain poor throughout their lives simply because they were born into a poor family.

Unfortunately, complex human societies seem to require imagined hierarchies and unjust discrimination. Of course not all hierarchies are morally identical, and some societies suffered from more extreme types of discrimination than others, yet scholars know of no large society that has been able to dispense with discrimination altogether. Time and again people have created order in their societies by classifying the population into imagined categories, such as superiors, commoners and slaves; whites and blacks; patricians and plebeians; Brahmins and Shudras; or rich and poor. These categories have regulated relations between millions of humans by making some people legally, politically or socially superior to others.

Hierarchies serve an important function. They enable complete strangers to know how to treat one another without wasting the time and energy needed to become personally acquainted. In George Bernard Shaw’s Pygmalion, Henry Higgins doesn’t need to establish an intimate acquaintance with Eliza Doolittle in order to understand how he should relate to her. Just hearing her talk tells him that she is a member of the underclass with whom he can do as he wishes – for example, using her as a pawn in his bet to pass off a flower girl as a duchess. A modern Eliza working at a florist’s needs to know how much effort to put into selling roses and gladioli to the dozens of people who enter the shop each day. She can’t make a detailed enquiry into the tastes and wallets of each individual. Instead, she uses social cues – the way the person is dressed, his or her age, and if she’s not politically correct his skin colour. That is how she immediately distinguishes between the accounting-firm partner who’s likely to place a large order for expensive roses, and a messenger boy who can only afford a bunch of daisies.

Of course, differences in natural abilities also play a role in the formation of social distinctions. But such diversities of aptitudes and character are usually mediated through imagined hierarchies. This happens in two important ways. First and foremost, most abilities have to be nurtured and developed. Even if somebody is born with a particular talent, that talent will usually remain latent if it is not fostered, honed and exercised. Not all people get the same chance to cultivate and refine their abilities. Whether or not they have such an opportunity will usually depend on their place within their society’s imagined hierarchy. Harry Potter is a good example. Removed from his distinguished wizard family and brought up by ignorant muggles, he arrives at Hogwarts without any experience in magic. It takes him seven books to gain a firm command of his powers and knowledge of his unique abilities.

Second, even if people belonging to different classes develop exactly the same abilities, they are unlikely to enjoy equal success because they will have to play the game by different rules. If, in British-ruled India, an Untouchable, a Brahmin, a Catholic Irishman and a Protestant Englishman had somehow developed exactly the same business acumen, they still would not have had the same chance of becoming rich. The economic game was rigged by legal restrictions and unofficial glass ceilings.