Race and Civil Rights

On 25 May 2020, Officer Derek Chauvin asphyxiated George Floyd in Minneapolis — a murder that was captured in a confronting nine-minute bystander video that set off a firestorm of activity on online social networks, in the streets of the United States, and even worldwide. These protests captured the collective rage, dissatisfaction, and resentment personally and vicariously experienced towards the widespread systematic injustice and mistreatment of African Americans by police and vigilantes. The scale of these protests, both online and in (...) the streets, has been estimated to have far exceeded the civil rights marches of the 1960s (Buchanan et al. 2020). Considering the widespread extent of these protests, our research aims to analyse conflictual intergroup moral dynamics in terms of the reactive attitudes expressed by distinct online communities on Twitter. This paper examines the extent to which the Strawsonian (1962) reactive attitudes framework is applicable to the Twitter discourse around the Black Lives Matter protests reignited by the murder of George Floyd. In particular, we argue that the Strawsonian framework is inadequate to understand a range of prevalent attitudes expressed in this discourse — attitudes that we call reactionary as opposed to merely reactive. Reactionary attitudes include counter-indignation on behalf of the accused rather than Strawsonian indignation on behalf of the victim of a moral wrong. We document the expression of such attitudes among the right-wing participants in the online discourse about the Black Lives Matter movement. (shrink)

Drawing upon empirical studies of racial discrimination dating back to the 1940’s, the Movement for Black Lives platform calls for the abolition of capital punishment. Our purpose here is to defend the Movement’s call for death penalty abolition in terms congruent with its claim that the death penalty in the U.S. is a “racist practice” that “devalues Black lives.” We first sketch the jurisprudential history of race and capital punishment in the U.S., wherein courts have occasionally expressed worries about racial (...) injustice but have usually taken such evidence to warrant reform but not outright abolition. We argue that the racial discrimination at issue flows in significant part from implicit biases concerning race, criminality, and violence, which do not fit comfortably within the picture of racial bias advanced by the courts. The case for abolition, we contend, rests on Black Americans as a class (not merely those who interact with the criminal justice system as capital defendants or as murder victims) being subject to such bias and thereby not being accorded equal status under the law. (shrink)

What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? -/- This open access book traces the promise and paradox of the American rule of law in three interwoven ways. -/- It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers (...) to see the rule of law ambitions its foundational institutions express? -/- It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. -/- Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals. (shrink)

Lately, there has been a lot of talk about the Ghettos, about wayward youths and Instagram rappers that glorify violence. In this piece, a Warsaw-based philosopher contributes to this discussion by examining the music of the ghetto and the culture of riots. Not in opposition to how bourgeois society usually frames such acts of discontent but rather as a reasonable democratic right that minorities are entitled to.

In 2014, questionable police killings of Eric Garner, Michael Brown, and Tamir Rice sparked mass protests and put policing at the center of national debate. Mass protests erupted again in 2020 after the brutal police killing of George Floyd. These and other incidents have put a spotlight on a host of issues that threaten the legitimacy of policing—excessive force, racial bias, over-policing of marginalized communities, historic injustices that remain unaddressed, and new technology that increases police powers. This introduction gives an (...) overview of these ethical challenges facing police today and the democratic institutions that oversee them. It then outlines the various interdisciplinary perspectives—from Black studies, criminology, history, law, philosophy, political science, and sociology—collected in the volume. Together, these contributions aim to clarify the question of which ethical principles should guide police, where current practices fall short, and what strategies hold the most promise for addressing these failures. (shrink)

The pandemic has been the most vivid agent of change that many of us have known. But it has not changed everything: plenty of the institutions, norms, and practices that sustain racial capitalism, settler colonialism, and cisheteropatriarchy have either weathered the storm of the crisis or been nourished by its effects. And yet enough has changed for us to see that the pandemic has profoundly recontextualised those structures and systems of violence, bringing us into a fresh negotiation with, for example, (...) the question of how we discuss and imagine freedom. Responding in part to this unexpected provocation, activist-scholars Robyn Maynard and Leanne Betasamosake Simpson forged a collaboration from the lockdown of 2020, corresponding by letter to create their forthcoming book, Rehearsals for Living, due to be published by Haymarket Books (US) and Knopf (Canada) in 2022. In this interview, we asked them to explain the epistolary form of the book and expand on the concept of “rehearsal”, before inviting them to reflect on a series of issues that animate our current crises: the politics of recognition; the notion of apocalypse; ways to disrupt linear temporalities; practises of reciprocity against proprietary logics; the gendered violence of state apparatuses; and worldbuilding as a method of resistance. In their expansive answers, Robyn and Leanne draw on their experiences as organisers and educators, commenting on anticolonial struggles, the Movement for Black Lives, and the rise of abolition discourse. Stressing the need to build a multiplicity of shared homespaces in the face of racial/colonial capitalism and organized abandonment, they challenge us to rethink the predicaments and possibilities of the present, enabling us to imagine futures liberated of extractivist, carceral governance – “planting more liberatory futures in the present”, as Robyn puts it. The task of sowing those seeds is a collective praxis of rewriting the narratives that constitute us, refusing to hear that nothing can change and insisting that everything must. (shrink)

While the image of the slave as the antithesis of the freeman is central to republican freedom, it is striking to note that slaves themselves have not contributed to how this condition is understood. The result is a one-sided conception of both freedom and slavery, which leaves republicanism unable to provide an equal and robust protection for historically outcast people. I draw on the work of Frederick Douglass – long overlooked as a significant contributor to republican theory – to show (...) one way why this is so. Focusing the American Revolution, the subsequent republican government established new political institutions to maintain the collective interests of the whole population. The political revolution was held in place by processes of public reason that reflected the values and ideas of the people that had rebelled. The black population, however, had not been part of this revolution. After emancipation, black Americans were required to accept terms of citizenship that had already been defined, leaving them socially dominated, subject to the prejudices and biases within the prevailing ideas of public discourse. Douglass argued that republican freedom under law is always dependent on a more fundamental revolution, that he calls a ‘radical revolution in thought’, in which the entire system of social norms and practices are reworked together by members of all constituent social groups – women and men, black and white, rich and poor – so that it reflects a genuinely collaborative achievement. Only then can we begin the republican project of contestatory freedom as independence or non-domination that today’s republicans take for granted. (shrink)

The Brown vs. Board of Education decision of 1954 mandated school integration. The decision also to recognize that inequalities outside the schools, of both a class- and race-based nature, prevent equality in education. Today, the most prominent argument for integration is that disadvantaged students benefit from the financial, social, and cultural “capital” of middle class families when the children attend the same schools. This argument fails to recognize that disadvantaged students contribute to advantaged students’ educational growth, and sends demeaning messages (...) to the disadvantaged students and messages of unwarranted superiority to the advantaged. Parents, teachers, and schools can adopt a justice perspective that avoids these deleterious aspects of the capital argument, and helps create a community of equals inside the integrated school. Struggles for educational justice must remain closely linked with struggles of both a class- and race-based nature for other forms of justice in the wider society. (shrink)

This short article lays the foundation for a theory of migratorial disobedience and explains how pro-border advocates fetishize immigration law.

The comparative utility argument holds that the descendants of African slaves in America are not owed any compensation because they have not been harmed by slavery. Rather, slavery in America was beneficial to the descendants of slaves because they are now able to live in a country that is considerably richer today than any of the African countries from which slaves were taken. In this paper, I show that the comparative utility argument is a red herring with no bearing whatsoever (...) on the question of slave reparations because it conflates two separate wrongs: slavery and forced immigration. The fact that the descendants of slaves now live in America is a consequence of the latter, but not the former. As such, it has no bearing on the legitimacy reparations for slavery. (shrink)

Statistical evidence is crucial throughout disparate impact’s three-stage analysis: during (1) the plaintiff’s prima facie demonstration of a policy’s disparate impact; (2) the defendant’s job-related business necessity defense of the discriminatory policy; and (3) the plaintiff’s demonstration of an alternative policy without the same discriminatory impact. The circuit courts are split on a vital question about the “practical significance” of statistics at Stage 1: Are “small” impacts legally insignificant? For example, is an employment policy that causes a one percent disparate (...) impact an appropriate policy for redress through disparate impact litigation? This circuit split calls for a comprehensive analysis of practical significance testing across disparate impact’s stages. Importantly, courts and commentators use “practical significance” ambiguously between two aspects of practical significance: the magnitude of an effect and confidence in statistical evidence. For example, at Stage 1 courts might ask whether statistical evidence supports a disparate impact (a confidence inquiry) and whether such an impact is large enough to be legally relevant (a magnitude inquiry). Disparate impact’s texts, purposes, and controlling interpretations are consistent with confidence inquires at all three stages, but not magnitude inquiries. Specifically, magnitude inquiries are inappropriate at Stages 1 and 3—there is no discriminatory impact or reduction too small or subtle for the purposes of the disparate impact analysis. Magnitude inquiries are appropriate at Stage 2, when an employer defends a discriminatory policy on the basis of its job-related business necessity. (shrink)

There is widespread agreement among both supporters and opponents that affirmative action either must not violate any principle of equal opportunity or procedural justice, or if it does, it may do so only given current extenuating circumstances. Many believe that affirmative action is morally problematic, only justified to the extent that it brings us closer to the time when we will no longer need it. In other words, those that support affirmative action believe it is acceptable in nonideal theory, but (...) not ideal theory. This paper argues that affirmative action is entirely compatible with equal opportunity and procedural justice and would be even in an ideal world. I defend a new analysis of Rawlsian procedural justice according to which it is permissible to interfere in the outcomes of procedures, and thus I show that affirmative action is not morally problematic in the way that many have supposed. (shrink)

Kathryn Gines's book details Hannah Arendt 's racial and conceptual biases against Black people in the US and post-colonial Africa. Gines makes original and significant contributions to feminist philosophy by applying various feminist and anticolonial strategies, including standpoint theory and multidirectionality, to Arendt 's political essays and concepts. Feminist critiques of Arendt in general and racial critiques of "Reflections on Little Rock" in particular are not new; however, Hannah Arendt and the Negro Question offers a novel and comprehensive racial critique (...) of Arendt 's major writings. Gines offers a "sustained analysis of Arendt 's treatment of the Black experience in the United States", as well as racial violence within the contexts of the American, French, and Haitian Revolutions, and French and British imperialism and colonialism. In this review I will offer an overview of the book as a whole, before evaluating the extent of Gines's critique as it pertains to Arendt 's misguided judgments and her theory of judgment. (shrink)

In summary, Hellman’s book is well worth reading. It is powerful, well-written, and interesting and explains much of the prominent case law on discrimination. Her theory, however, is false because her explanation of wrongful discrimination fails to track a wrong-making feature. Her theory does not focus on a right-infringement in or unfair treatment of the person whom is discriminated against. It also does not focus on an incorrect attitude in the person who discriminates. These intuitively seem to exhaust the reasons (...) that make an act wrong because it wrongs someone. Her account of wrongful discrimination fails to identify the correct wrong-making feature. (shrink)

Numerous studies indicate that racial minorities are both more likely to be executed for murder and that those who murder them are less likely to be executed than if they murder whites. Death penalty opponents have long attempted to use these studies to argue for a moratorium on capital punishment. Whatever the merits of such arguments, they overlook the fact that such discrimination alters the costs of murder; racial discrimination imposes higher costs on minorities for murdering through tougher sentences, and (...) it imposes lower costs on whites for murdering minorities by dispensing weaker sentences. These cost differentials constitute an injustice not simply to actual minority defendants in capital cases, nor simply to the actual minority victims of murder, but to all members of minority communities. I here offer two arguments for a moratorium on capital punishment: The first draws upon evidence of racial discrimination against minority defendants in capital cases, and claims that such discrimination modifies the costs of murder in such a way that minority individuals do not enjoy equal status under the law. The second draws upon the evidence regarding racial discrimination in relation to the race of victims, and claims that such discrimination modifies the costs of murder in such a way that minority individuals do not enjoy the equal protection of the law. Thus, by not assigning equal costs to murder, the American criminal justice system fails to provide racial minorities the equality under the law and discounts the value of their lives and liberties. A moratorium is the least unjust response to such a social injustice. I also reply to the criticism that a moratorium prevents us from executing deserving murderers. (shrink)