A post I wrote last week sparked a lively debate, and one strand of that debate was whether it is appropriate to use the term “privilege” (“cis privilege” in particular) to describe the phenomena I was talking about. I identified mainly two clusters of objections, but please do let me know in the comments if I have overlooked any.
- The term “privilege” is best used to describe situations where people get more than what they are entitled to, or when they get special treatment that really nobody should get (e.g. enjoy impunity or lack of accountability). Cis people, instead (but the same could be said about other axes of advantage and disadvantage) get what they deserve (respect; freedom from intrusive questioning; etc.); the problem is that trans people – or people who are read as trans, gender non conforming, etc. – do not get the fundamental respect they are entitled to. So we should speak of trans disadvantage/oppression (again, this does not only apply to people who ostensibly identify as trans, this is the last time I make this qualification) but not of cis privilege.
- The term “privilege” is best used to describe an intended feature of the system (as in the case of white privilege), whereas the phenomena I am describing are more like unintended consequences.
So, first of all, whether we call the stuff I wrote about “privilege” or something else (and this applies to other areas of political and social disadvantage, too, btw, not just to gender) is not a hill I am prepared to die on. My point was to use a term that is routinely used is contemporary progressive debates, and which some people are happy to use for other areas (male privilege, white privilege, etc.) but not for the area the post was about (there is male privilege and female oppression, but there is no such thing as cis privilege as a thing that, for instance, many cis females also allegedly enjoy”). Nothing more, nothing less. So, what I wrote is perfectly compatible with having a separate conversation about whether “privilege” really is the right antinomy for oppression or disadvantage (although it is still possible to reach the conclusion that no, ideally maybe it’s not, but it has stuck and now having a whole debate about replacing it with something else would do more harm than good).
Having said that, and having shared some of the gut discomfort with the term in the past (but never having reflected enough on why), let me try and make the case for the term here. I am still not fully persuaded it is the best term, but here are a couple of reasons which speak in favour of it.
- Yes indeed, when we say that being able to trust police officers is a form of white privilege; that being listened to without being routinely interrupted is a form of male privilege; and that not being unjustifiably pathologised for one’s sexual orientation, gender identity, and/or gender presentation inclinations are forms of straight and cis privilege respectively, we are not thereby saying saying that white, male, straight and cis people in these examples are enjoying special treatment to which they have no claim. Sometimes privilege of this latter kind also happens (when a confident-looking man is not asked for proof for their qualifications even if the relevant procedure requires it; or when a white person is unproblematically believed by a police officer even there is good evidence exists that maybe they should not be). But it is true that we also largely use the term in the former sense – as being able to reliable enjoy one’s rights without facing undue adversities. So yep, to the extent that “privilege” means, strictly speaking, undeserved special treatment or advantage, it is being used somewhat inappropriately in contemporary progressive discourse (I am deliberately not saying “woke,” although I really resent the fact that woke is basically a slur now….). However, there is a more charitable and interesting reading, I think. Calling being safe in the knowledge that the police will not unnecessarily and arbitrarily harass me a form of privilege reflects a distinctly non-ideal reading of reality – one where facing adversities and unfairness (in one way or another, and sometimes in multiple and multiply intersecting ways) is the default for most of us, and something which only few of us have the luck not to experience. There is a powerful and compelling punchline being delivered when we say, “Oh, you have always being treated with respect and dignity? Count yourself unbelievably lucky!”. It’s an approach which subverts what some might regard as normal expectations: injustice is the norm, having one’s rights respected is the exception.
- I am a little more puzzled by the second objection. I guess the issue is what one means by “intended feature of the system.” Ostensibly, looking at most liberal democracies, institutionalised racism is not an “intended feature.” The law in most liberal democracies advocates racial equality; repudiates racism; and in some countries remedies and compensations for historical injustices are even in place. On a more structural reading, however (and you don’t need to be a Marxist or a Foucaultian to say that), clearly a system of power is in place that maintains racial inequality in spite of the law. On the first, narrower reading, neither white privilege nor cis privilege are “intended features of the system.” On the second, broader reading…well it depends! It is a complex, largely empirical conversation. We certainly cannot simply say, nonchalantly, that in the case of cis advantages it’s obviously a case of unintended consequences. Personally, I would point to the way in which we live in a system that, via all kinds of social norms, tries to discipline gender presentations and expectations. It’s a long topic, but certainly not one I would be OK to dismiss as just a matter of unintended consequences.
These are my 5 cents.
{ 3 comments… read them below or add one }
M Caswell 12.20.24 at 2:06 pm
on 2: You may have just pushed the question back to what a “system” is– I’d say not every aggregate of items, actions, or rules constitutes a system.
on 1: One way to test out our use of ‘privilege’: try substituting the word ‘luck’, and see what difference it makes, if any.
Gregory Sanders 12.20.24 at 3:43 pm
Thanks for sorting through the two objections.
My own take is that the general use of privilege conflates any advantage with an unentitled advantage. I think that this applies across the board when people talk about privilege and often intermix the two definitions. I think there’s great merit in pointing out that many rights are not universally held, even among those that formally hold them, but that it’s also important to distinguish between advantages that can widely scale or at least be compatible with equality and those that are incompatible with it.
I think this is ultimately baked into the term privilege in a way that’s far too late to change, but I appreciate your effort at clarity as to how you mean it.
I’d also say that the less hardline version of the gender-critical feminist argument is that testosterone comes with privileges, such as distribution of height and physical strength that is, on average, greater than that of those with less testosterone. (As ever this is a population dynamic, in my immediate circle of friends, I have cis female friend that’s certainly stronger than me, let alone the fact that most any female athlete is as well. But I’ve also benefit from the other side, because I’m tall and had long arms I could sometimes beat cis female fencers who on technique alone should have wiped the floor with me.)
These advantages are interwoven with gender privileges and can translate into unearned advantages because they make physical coercion easier. They’re also not strictly binary, and even setting aside intersex individuals can vary greatly within populations with XX or XY chromosomes that are not undergoing hormone treatments.
Honestly, I find it quite compatible with my Lutheran upbringing to feel guilty all the time as a middle class, white, cis male about both the privileges that I have that should be widely shared that aren’t and those that cannot be widely shared. So I do greatly appreciate this post, as I do think that actually usefully defining terms is an opportunity for better communication and argument.
steven t johnson 12.20.24 at 3:51 pm
Suggest replacing the term privilege with the phrase liberties, privileges and immunities, to facilitate real change by setting priorities. The rest is just explanation, no doubt tl;dr.
The liberties to speak or go where you want is often legally restricted, particularly in business owned properties. Soliciting for a unionization drive can be very problematic. Free speech zones (sic) are restrictions in my judgment. The privilege of the franchise or to sue is still subject to many legal restrictions, from widely popular such as disenfranchising felons, but the rather flexible doctrine where some have standing to sue but others don’t is I think rather widespread, however rarely noticed. Immunities such as right to privacy (or lack of for the ill-defined public figure,) or sovereign immunity aren’t common topics of discussion either, so far as I can tell.
Perhaps it’s obvious the goal of using more inclusive language is to focus on liberties, privileges and immunities enforced by law and institutions legally empowered to do so. This is implicitly a criticism of point 1 above, which tends to de-prioritize objections to such legal liberties, privileges and immunities, almost to the point of denying that laws and institutions have anything to do with liberties, privileges and immunities. The reform of manners and renovation of minds, rather than the reform of laws and institutions are emphasized. This objection can be rebutted I suppose as denying the subjectivity of the person charging privilege. My thinking is that the relative objectivity of laws and institution is a better starting point for effective reform precisely because they are more objective. Absent a window into the soul, convicting individuals of bad thinking is always going to be contested, especially when it happens on occasions and privately. Public policy should address laws and institution first, as a pragmatic priority. Changing such things may change manners more slowly than wished, but I think in the law run it’s more effective.
As to point 2, the phrase “under color of law” is I think indispensable to fruitful conversation and organization. I’m afraid I rather expect you really do have to have a somewhat Marxisant way of thinking to think the formal equality under the law—the letter observed by and large by most institutions (that may be rather optimistic?)—may nonetheless be the way by which such real, substantive inequalities in liberties, privileges and immunities are enforced. This may be very bad news in a society where individualism (not the same thing as individuality!) and marketplace contractarianism is so widespread? Or, in other words, the real engine in the long run is not the backward and inferior souls of the (other) masses, but the rules of society. (As a Marxist sympathizer, yes, I do see property and production relations behind that, and worse, real change requires changes in the way of life, not personal reformation.) It seems to me the current language of privilege always does ascribe intention to individuals’ intentions.
One example: White people tend to have better housing. One historical reason is the notorious practice of redlining (still not very well addressed even in legal reform so far as I can tell.) Reproaches to white people about their privilege in housing have cited this reprehensible practice…but charging it against white people in general, instead of bankers, seems to be the norm. Doesn’t that kind of let actual bankers off the hook?