In Richard Rothstein’s book Color of Law, Rothstein writes, “Considering all these studies, the differences are too stark and consistent to make benign explanations likely.” In this paper, I will consider why Rothstein uses the word “benign” in this sentence. Ultimately, I think he uses “benign” because it is ironic to think that racial discrimination is harmless or kindly when it is actually harmful, and I think he also uses “benign” because of its medical connotations.
Rothstein writes this sentence in chapter 10 titled “Suppressed Incomes”, and in it he combats the common explanation that de facto segregation happened because African Americans happened to not make as much money and thus could not afford to live in white neighborhoods.