The Politics of Race

The term ‘reflexivity’ continues to maintain an interpretive hegemony in discussions on modernity and the Self. As a form of praxis, applications of reflexivity frequently rely upon an acknowledged awareness of one’s self-conscious attitudes, dispositions, behaviors and motives. This paper will take aim at such contentions, exploring the extent to which examples of racism rely upon a level of reflexivity, best encapsulated in Žižek’s ‘reflexive racism’. Specifically, it is highlighted how examples of non- racism/anti-racism assert the formal promotion of a (...) monadic subject, solely adept at ‘uncovering’ and ‘relinquishing’ their racism (disavowal); and, an equally unhelpful social constructionism, which depoliticizes racism by relocating and relativizing it to a particular socio-historical context (deferment). In outlining this response, specific attention is given to Lacan’s subject of enunciation and subject of the enunciated, from which it is concluded that it is in the obfuscation of one’s ‘position of enunciation’ that examples of reflexive racism reside. (shrink)

In its hegemonic definition, biopolitical governmentality is characterised by a seemingly infinite capacity of expansion, susceptible to colonise the landscape and timescape of the living present in the name of capitalistic productivity. The main trait of biopower is its normative, legal and political plasticity, allowing it to reappropriate critiques and resistances by appealing to bioethical efficacy and biological accuracy. Under these circumstances, how can we invent rebellious forms-of-life and alternative temporalities escaping biopolitical normativity? In this essay, I interrogate the theoretical (...) presuppositions of biopolitical rationality. I provide a deconstruction of the conceptual and temporal structures upholding the notion of biopolitics, in view of laying the ground for new forms of resistance. The articulation between life and power has a long philosophical history, which has been largely ignored by social theorists and political thinkers using biopolitics as an interpretative model. I re-inscribe this model within the tradition of critical materialism, by articulating Foucault’s ‘critical ontology’ to recent philosophical works on biological plasticity (Malabou). In these discourses, the logic of biopower depends on a representation of life – ‘the living’ – as living present. Biopower finds itself anchored in the authority of the present, that is to say, of being-as-presence (ontology); it sustains presentist definitions of life and materiality, be it under the form of a ‘plastic’ ontology. By drawing on Derrida’s notions of ‘spectrality’ and ‘life-death’ and Francesco Vitale’s work on ‘biodeconstruction’, I deconstruct these discourses on life and materiality and attempt to dissociate them from their ontological grounding, in order to suggest new paths of resistance to biopower. In particular, I follow the tracks of “the monster” in the work of Foucault, Derrida and Malabou. Foucault tells us that the monster is a singular figure, parasitic and subversive, beckoning a life beyond life, at once organic and non-organic, located at the limit between the normal and the exceptional, and exceeding the scope of biopolitical normativity in both theoretical and practical terms. It exists at the intersection of what Foucault names “the symbolics of blood” and “the analytics of sex”. As such, it materialises a self-transformative dimension of the living which remains, I argue, inadequate to Malabou’s representation of plasticity. The monstrous is a self-deconstructive motif calling for another biopolitical rationality, before or beyond ontological reductions or reconstructions. (shrink)

Protests and counter-protests seek to draw and direct attention and concern with confronting images and slogans. In recent years, as protests and counter-protests have partially migrated to the digital space, such images and slogans have also gone online. Two main ways in which these images and slogans are translated to the online space is through the use of emoji and hashtags. Despite sustained academic interest in online protests, hashtag activism and the use of emoji across social media platforms, little is (...) known about the specific functional role that emoji and hashtags play in online social movements. In an effort to fill this gap, the current paper studies both hashtags and emoji in the context of the Twitter discourse around the Black Lives Matter movement. (shrink)

In this essay, I defend the pragmatic relevance of race in history. Kant and Hegel’s racist development thesis assumes that nonwhite, non-European racial groups are defective practical agents. In response, philosophers have opted to drop race from a theory of history and progress. They posit that denying its pragmatic relevance amounts to anti-racist egalitarianism. I dub this tactic ‘colorblind cosmopolitanism’ and offer grounds for its rejection. Following Du Bois, I ascribe, instead, a pragmatic role to race in history. Namely, Du (...) Bois argues that race is an ‘instrument of progress’ that advances emancipatory struggle. He appeals to the writing of history—or historiography—to cultivate group consciousness of historical memory in order to (1) strengthen intragroup bonds among the racially oppressed, especially black Americans and (2) to create intergroup bonds that reconstruct the republic on the basis of universal ideals. I detail Du Bois’s defense of the black struggle for freedom in the wake of the U.S. Civil War to provide a concrete illustration of ‘spirit’ in American history. (shrink)

There are many things that can be done to educate young people about controversial topics - including historical monuments - in schools. At the same time, however, we argue that there is little warrant for optimism concerning the educational potential of classroom instruction given the interpretative frame of the state-approved history curriculum; the onerous institutional constraints under which school teachers must labour; the unusual constellation of talents history teachers must possess; the frequent absence of marginalized voices in these conversations; and (...) finally, the not unlikely indifference - if not outright hostility - expressed by far too many member of the dominant group. For these reasons, we think it best to expand the scope of educational possibilities one is willing to consider. (shrink)

In his book, Romaphobia: The Last Acceptable form of Racism, Aidan McGarry gives a powerful analysis of anti-Roma racism in Europe. His aims in the book are to highlight the plight of European Roma and to anal- yse the underlying causes of their persecution. The quandary, as McGarry sees it, is that Roma persecution in Europe has persisted unabated for over six hundred years. As soon as Roma appeared in Europe in the late fourteenth century they were traded as slaves, (...) or targeted by laws calling for assimilation or death. Roma were targeted for mass extermination during the Holocaust, and even now, they face widespread persecution across Europe. Italian interior minister Matteo Salvini, for instance, insists on compiling a “Gypsy Registry” and cleansing Italian neighbour- hoods of Roma camps. The French government targets Roma settlements for demolition and, in defiance of European laws, deports around twenty thousand Roma to other countries every year. Targeted murders of Roma in Hungary, Slovakia, and the Ukraine are encouraged, and ignored. Tabloid newspapers in the UK drum up anti-Roma sentiment. Indeed, the Daily Mail even cite former UK opposition leader Jeremy Corbin’s past attempts to protect Roma from eviction in London as a reason for his unsuitability to become Prime Minister—in modern Britain, compassion for Gypsies is a sign of questionable character. For McGarry, then, this persistence is central to the puzzle of Romaphobia—why does this form of racism remain unchallenged and acceptable? (shrink)

Students with recent immigrant roots disproportionately choose educational trajectories in STEM. In addition to the perception that STEM represents the "path of least racism," many students assume the responsibility of contributing to their families' financial wellbeing. In this talk, I share my experience teaching at a pre-professional healthcare university with a large percentage of 1st and 2nd-generation Asian immigrant students. Many of them seek advice on how to negotiate the social and familial pressure to pursue STEM against their interests in (...) the humanities. The reply "Follow your heart" might be inappropriate when familial obligations and perceived bigotry are legitimate deterrents. By recognizing the grand tradition of one immigrant generation trying to improve the lot for the next, we strive not merely for financial freedom but freedom in general. As such, we ought to consider how we can spend our lives to best dismantle the barriers that limit our life choices. (shrink)

As belief in the reality of race as a biological category among U.S. anthropologists has fallen, belief in the reality of race as a social category has risen in its place. The view that race simply does not exist—that it is a myth—is treated with suspicion. While racial classification is linked to many of the worst evils of recent history, it is now widely believed to be necessary to fight back against racism. In this article, I argue that race is (...) indeed a biological fiction, but I critique the claim that race is socially real. I defend a form of anti‐realist reconstructionism about race, which says that there are no races, only racialized groups—groups mistakenly believed to be races. I argue that this is the most attractive position about race from a metaphysical perspective, and that it is also the position most conductive to public understanding and social justice. (shrink)

According to the standard framing of racial appeals in political speech, politicians generally rely on coded language to communicate racial messages. Yet recent years have demonstrated that politicians often express quite explicit forms of racism in mainstream political discourse. The standard framing can explain neither why these appeals work politically nor how they work semantically. This paper moves beyond the standard framing, focusing on the politics and semantics of one type of explicit appeal, candid racial communication (CRC). The linguistic vehicles (...) of CRC are neither true code words, nor slurs, but a conventionally defined class of “racialized terms.” . (shrink)

Winner of the American Philosophical Association’s 2019 Essay Prize in Latin American Thought | Western imperialism has received many different types of moral-political justifications, but one of the most historically influential justifications appeals to an allegedly universal form of human nature. In the early modern period this traditional conception of human nature—based on a Western archetype, e.g. Spanish, Dutch, British, French, German—opens up a logical space for considering the inhabitants of previously unknown lands as having a ‘less-than-human’ nature. This appeal (...) to human nature originally found its inspiration in the philosophy of Aristotle, whose ethical thought pervaded the work of European philosophers at the outset of the early modern period and the modern age of empire. Indeed some Spanish writers—most famously, Juan Ginés de Sepúlveda (b. 1494)—explicitly appealed to Aristotle’s moral-political philosophy in order to justify the conquest of the Americas in the early sixteenth century, for instance to justify war against the Aztecs and other indigenous peoples. At the time of European arrival, the Aztec civilization was easily the greatest in Mesoamerica—and yet the Europeans generally considered the Aztec people to be ‘barbaric,’ i.e. less-than-fully-human. (shrink)

In this article I analyse two complaints of white vilification, which are increasingly occurring in Australia. I argue that, though the complainants (and white people generally) are not harmed by such racialized speech, the complainants in fact harm Australians of colour through these utterances. These complaints can both cause and constitute at least two forms of epistemic injustice (willful hermeneutical ignorance and comparative credibility excess). Further, I argue that the complaints are grounded in a dual misrecognition: the complainants misrecognize themselves (...) in their own privileged racial specificity, and they misrecognize others in their own marginal racial specificity. Such misrecognition preserves the cultural imperialism of Australia’s dominant social imaginary—a means of oppression that perpetuates epistemic insensitivity.Bringing this dual misrecognition to light best captures the indignity that is suffered by the victims of the aforementioned epistemic injustices. I argue that it is only when we truly recognize difference in its own terms, shifting the dominant social imaginary, that “mainstream Australians”can do their part in bringing about a just society. (shrink)

What makes #BlackLivesMatter unique is the implication that it isn’t only some black lives that matter, that is, not only the most commonly referenced male lives. Rather, the hashtag suggests that all black lives matter, including queer, trans, disabled, and female. This movement includes all those black lives who have been marginalized within the black liberation tradition, as well as in greater society. The movement highlights the ways in which black people have been traditionally deprived of dignity and human rights. (...) State racism and state violence are sustained together. The law creates a “subrace” out of those whom white society fears and holds in contempt. This leaves not only black Americans but all citizens vulnerable. A way to fight this form of racism is not only to create a solidarity among the oppressed members of the subrace but to create a solidarity with all members, in “vulnerable solidarity.”. (shrink)

Policy-making must always pay attention to race. That is the central claim of this chapter. Regardless of whether some particular policy debate is ostensibly “racial”, policy-makers must attend to questions of race, because race is a ubiquitous, but frequently unnoticed, feature of our world. I examine the type of philosophical question about race that I think philosophers and policy-makers would do well to examine and consider how the question “What is race?” is pertinent to policy debate. Examples will be drawn (...) from Australia, the United States, and Britain to illustrate these abstract arguments. (shrink)

In this chapter, I argue that one can articulate a historically attuned and analytically rich model for understanding jazz in its various inflections. That is, on the one hand, such a model permits us to affirm jazz as a historically conditioned, dynamic hybridity. On the other hand, to acknowledge jazz’s open and multiple character in no way negates our ability to identify discernible features of various styles and aesthetic traditions. Additionally, my model affirms the sociopolitical, legal (Jim Crow and copyright (...) laws), and economic structures that shaped jazz. Consequently, my articulation of bebop as an inflection of Afromodernism highlights the sociopolitical, and highly racialized context in which this music was created. Without a recognition of the sociopolitical import of bebop, one’s understanding of the music is impoverished, as one fails to grasp the strategic uses to which the music and discourses about the music were put. (shrink)

In this essay, I analyze Romare Bearden’s art, methodology, and thinking about art, as well as his attempt to harmonize his personal aesthetic goals with his sociopolitical concerns. I then turn to Hans-Georg Gadamer’s reflections on art and our experience (Erfahrung) of art. I show how Bearden’s approach to art and the artworks themselves resonate with Gadamer’s critique of aesthetic consciousness and his contention that artworks address us, make claims upon us, and even reveal truth. Lastly, I discuss Gadamer’s emphasis (...) on the spectator’s active yet non-mastering role in the event of art’s address—an event that implicates the spectator and has the potential to transform him or her. This leads to a discussion of Gadamer’s notion of the type of self-(and world) understanding that occurs through aesthetic experience. I close by returning to Bearden in order to discuss how his art unearths a crucial feature of our being-in-the-world. I call this feature “world-unmasking” and show how it expands and enriches Gadamer’s account. (shrink)

In response to Zack’s “White Privilege​ and Black Rights”, I consider her account of the hunting schema in light of police violence against black women. I argue that although Zack provides us with a compelling account of racial profiling and police brutality, the emotional aspect she attributes to the hunting schema is too charitable. I then claim that Zack’s hunting schema fails to account for state violence against black women and in doing so she only tells a partial story of (...) comparative injustice as it relates to police brutality of blacks. (shrink)

This essay argues that reparations for wrongs by one's ancestors can be justified. Differential benefits to those descended from victims of one's ancestors is discrimination which can be justified by one's right to be partial to one's ancestors, doing what they, with clearer thinking, would have done--namely compensating their victims. So, while there is no obligation to discriminate, one has a right to, in virtue of one's partiality towards one's ancestors.

Solidarity within a group facing adversity exemplifies certain human goods, some instrumental to the goal of mitigating the adversity, some non-instrumental, such as trust, loyalty, and mutual concern. Group identity, shared experience, and shared political commitments are three distinct but often-conflated bases of racial group solidarity. Solidarity groups built around political commitments include members of more than one identity group, even when the political focus is primarily on the justice-related interests of only one identity group (such as African Americans). A (...) solidarity group is more than a mere political coalition or alliance. Two other forms of political- commitment solidarity groups are ones devoted to racial justice more generally, and social justice even more generally. Racially plural political solidarity groups realize values beyond the afore-mentioned solidaristic ones, in meeting the challenges of different races working together. (shrink)

In this paper I attempt to trace some entanglements of an event documented in my PhD research, which contests dominant modes of enquiry. This research takes place with a group of Grade 2 learners in a government school in Cape Town, South Africa. It is experimental research which resists the human subject as the most important aspect of research, the only one with agency or intentionality. In particular, the analysis focuses on the process of the making of the circle, and (...) how integral it is in contributing to building the Community of Enquiry, the pedagogy of Philosophy with Children. A critical posthuman analysis is offered which engages with the material-discursive entanglements of the making of the circle. Also, how this making of a circle can be a democratising practice, by including in the concept of democracy, the more-than-human. The analysis also focuses on the placing of the chairs by the children, as a deliberate pedagogical practice, and how this works to disrupt the adult /child binary. There is a move beyond the linguistic turn by paying attention to not only the discursive in the transcriptions but also the intra-actions in between human and more-than-human, the circle, the chairs and the materiality of place. (shrink)

This essay will attempt to inspect and discuss what ‘efforts’ have been made to recover from the apartheid regime, to explore the status quaestionis of peacebuilding and conflict transformation theories that have been formulated and consulted to advance and assess these efforts and to consider the reasons for the impact—or lack thereof—that these efforts have had on South Africa's recovery from apartheid era policies and transgressions. The central question towards which these points of focus are directed, is: are South Africa’s (...) various recovery and reconciliation initiatives to be considered more of a success than a failure or vice versa? (shrink)

In Gandhi's Printing Press, Isabel Hofmeyr introduces readers to the nuances of the newspaper in a far-flung colony in the age when mail and news traveled by ship and when readers were encouraged by Gandhi to read slowly and deeply. This article explores the ways in which Thoreau's concept of slow reading influenced Gandhi and Hofmeyr herself. She discusses the community that surrounded Gandhi and the role it played in supporting the newspaper. Yet, I argue, the role of women of (...) all races as well as Coloured and black South African men in leading, modeling, and shaping the movement of resistance to pass laws and other racist legislation might have been integrated more into the main narrative. Gandhi's newspaper, Indian Opinion, reported on the pass law protests of the African women of Bloemfontein, and Abdurahman's APO newspaper (popular in the Coloured community) reported on Gandhi's protests. Indian Opinion included speeches given by John Dube, and it often praised Dube and the work at Ohlange and reprinted stories from the black press. I offer these remarks to supplement Hofmeyr's fascinating account by providing additional information in portraying the newspaper in its historical and social context. (shrink)

[Updated 2/23/21: complete chapter scan] In this chapter I sketch a rightist approach to monumentary policy in a diverse polity beleaguered by old ethnic grievances. I begin by noting the importance of tribalism, memorialization, and social trust. I then suggest a policy which 1) gradually narrows the gap between peoples in the heritage landscape, 2) conserves all but the most offensive of the least beloved racist monuments, 3) avoids recrimination (i.e., “keeps it positive”) and eschews ideological commentary in new monuments (...) or revisions to old ones, 4) as much as politically feasible, recognizes only the offense of willing tribemates, and 5) responds to aesthetic and other “irrational” offenses more than to “objective” historical or philosophical critiques. (shrink)

Suppose that it can be right to grant amnesty from criminal and civil liability to those guilty of political crimes in exchange for full disclosure about them. There remains this important question to ask about the proper form that amnesty should take: Which additional burdens, if any, should the state lift from wrongdoers in the wake of according them freedom from judicial liability? I answer this question in the context of a recent South African Constitutional Court case that considered whether (...) an officer having been granted amnesty for apartheid-era killings should be held to mean that the police force may not discharge him on the ground of having been convicted of a serious offence. The Court ruled that, despite amnesty having been granted to the guilty officer, the police force was permitted to discharge him. I distinguish the major ethical reasons the Court gives for its conclusion, which ultimately appeal to the value of national reconciliation, and I argue not only that the reconciliation-based rationales rest on empirical contingencies for which there is little evidence, but also that their logic in fact provides some reason to reject the Court’s conclusion. Then, I sketch an attractive new theory of right action, grounded on salient sub-Saharan values often associated with talk of ‘ubuntu’, that I maintain provides a stronger, unitary foundation for the Court’s key pronouncements. I conclude by discussing some of the broader implications of the moral theory for related matters, such as the rights of victims in the processes leading up to presidential pardons of those who have committed atrocities and the duties of newspapers with regard to the reputations of the latter. (shrink)

Drawing on Frederick Douglass’s arguments about racial pride, I develop and defend an account of feeling racial pride that centers on resisting racialized oppression. Such pride is racially ecumenical in that it does not imply partiality towards one’s own racial group. I argue that it can both accurately represent its intentional object and be intrinsically and extrinsically valuable to experience. It follows, I argue, that there is, under certain conditions, a morally unproblematic, and plausibly valuable, kind of racial pride available (...) to white people, though one that could hardly differ more from what is generally meant by “white pride.”. (shrink)

How can personal identity be determined in such a way that developments, experiences and other dynamic and context-dependent aspects of that identity can be taken into account? For several decades now, the narrative, the story, has often been referred to in answering this question as a cognitive instrument that can adequately deal with those aspects. The monologue thus appears to present itself as a medium in which personal or autobiographical identity is formed. However, what happens when we place the identity (...) narrative in a dialogue: when two people with very diverse backgrounds have a dialogue that touches on their identity? Does this perhaps provide an entirely new challenge and enrichment of that narrative, which can have a major impact on both the individual and the relationship? I want to explore these questions in this article, motivated by both the philosophical perspective and my experiences as co-initiator of the "Keti Koti Table", in which such a dialogue plays a central role. To this end, I will first discuss the dynamic aspects of the narrative, in which the phenomenon of "refiguration" as presented by Ricoeur is key. This is then discussed in the context of the dialogue. In § 4 I discuss the specific dialogue method that we have developed for the Keti Koti Table. Subsequently, in § 5, some experiences of participants are discussed, whose identity refigurations are analyzed under the influence of the dialogue in § 6. It is concluded with a brief conclusion about the special significance of the dialogue for the narrative self-constitution in a diverse society. (shrink)

This essay will attempt to inspect and discuss what ‘efforts’ have been made to recover from the apartheid regime, to explore the status quaestionis of peacebuilding and conflict transformation theories that have been formulated and consulted to advance and assess these efforts and to consider the reasons for the impact—or lack thereof—that these efforts have had on South Africa's recovery from apartheid era policies and transgressions. The central question towards which these points of focus are directed, is: are South Africa’s (...) various recovery and reconciliation initiatives to be considered more of a success than a failure or vice versa? (shrink)

This paper examines a variety of social scientific studies purporting to demonstrate that transracial adoption is in the best interests of children. Finding flaws in these studies and the ethical and political arguments based upon such scientific findings, we argue for adoption practices and policies that respect the racial and ethnic identities of children of color and their communities of origin.

How can personal identity be determined in such a way that developments, experiences and other dynamic and context-dependent aspects of that identity can be taken into account? For several decades now, the narrative, the story, has often been referred to in answering this question as a cognitive instrument that can adequately deal with those aspects. The monologue thus appears to present itself as a medium in which personal or autobiographical identity is formed. However, what happens when we place the identity (...) narrative in a dialogue: when two people with very diverse backgrounds have a dialogue that touches on their identity? Does this perhaps provide an entirely new challenge and enrichment of that narrative, which can have a major impact on both the individual and the relationship? I want to explore these questions in this article, motivated by both the philosophical perspective and my experiences as co-initiator of the "Keti Koti Table", in which such a dialogue plays a central role. To this end, I will first discuss the dynamic aspects of the narrative, in which the phenomenon of "refiguration" as presented by Ricoeur is key. This is then discussed in the context of the dialogue. In § 4 I discuss the specific dialogue method that we have developed for the Keti Koti Table. Subsequently, in § 5, some experiences of participants are discussed, whose identity refigurations are analyzed under the influence of the dialogue in § 6. It is concluded with a brief conclusion about the special significance of the dialogue for the narrative self-constitution in a diverse society. (shrink)

This chapter introduces W.E.B. Du Bois’s original political thought and his strategies for political advocacy. It is limited to explaining the pressure he puts on the liberal social contract tradition, which prioritizes the public values of freedom and equality for establishing fair and inclusive terms of political membership. However, unlike most liberal theorists, Du Bois’s political thought concentrates on the politics of race, colonialism, gender, and labor, among other themes, in order to redefine how political theorists and activists should build (...) a democratic polity that is truly free and equal for all. Additionally, this chapter defines some key concepts Du Bois developed to scrutinize a white-controlled world that does not welcome black and brown persons as moral equals. These trailblazing concepts include: the doctrine of racialism, double consciousness, and Pan-Africanism. Finally, this chapter defends Du Bois’s contributions to black feminist thought and American labor politics, which inspired major social justice movements in the twentieth century, in which he played a notable role. (shrink)

I defend an empirically-oriented approach to the analysis and remediation of social injustice. My springboard for this argument is a debate—principally represented here between Tommie Shelby and Elizabeth Anderson, but with much deeper historical roots and many flowering branches—about whether racial-justice advocacy should prioritize integration (bringing different groups together) or community development (building wealth and political power within the black community). Although I incline toward something closer to Shelby’s “egalitarian pluralist” approach over Anderson’s single-minded emphasis on integration, many of Shelby’s (...) criticisms of integrationism are misguided, and his handling of the empirical literature is profoundly unbalanced. In fact, while both Shelby and Anderson defend the importance of social science to their projects, I’ll argue that each takes a decidedly unempirical approach, which ultimately obscures the full extent of our ignorance about what we can and ought to do going forward. A more authentically empirical tack would be more epistemically humble, more holistic, and less organized around what I’ll call prematurely formulated “Grand Unified Theories of Social Change.” I defend a more “diversified experimentalist” approach, which rigorously tests an array of smaller-scale interventions before trying to replicate and scale up the most promising results. (shrink)

What can we do—and what should we do—to fight against bias? This final chapter introduces empirically-tested interventions for combating implicit (and explicit) bias and promoting a fairer world, from small daily-life debiasing tricks to larger structural interventions. Along the way, this chapter raises a range of moral, political, and strategic questions about these interventions. This chapter further stresses the importance of admitting that we don’t have all the answers. We should be humble about how much we still don’t know and (...) dedicate efforts to gathering as much knowledge as possible. Even so, we know enough now to start making a difference, and this chapter ultimately aims to chip away at the gap between our abstract commitments to treat people fairly and our lived habits and experiences, which continue to be shaped by implicit and explicit prejudices and stereotypes about race, gender, and other social categories. (shrink)

This is my reply essay (1000 words) to Travis Timmerman's "A Case for Removing Confederate Monuments" in Bob Fisher's _Ethics, Left and Right: The Moral Issues That Divide Us_ volume. In it, I explain why I think the mere harm from the racial offense a monument may cause does not justify removing it.

[Updated 2/23/21: complete chapter scan] In this chapter I sketch a rightist approach to monumentary policy in a diverse polity beleaguered by old ethnic grievances. I begin by noting the importance of tribalism, memorialization, and social trust. I then suggest a policy which 1) gradually narrows the gap between peoples in the heritage landscape, 2) conserves all but the most offensive of the least beloved racist monuments, 3) avoids recrimination (i.e., “keeps it positive”) and eschews ideological commentary in new monuments (...) or revisions to old ones, 4) as much as politically feasible, recognizes only the offense of willing tribemates, and 5) responds to aesthetic and other “irrational” offenses more than to “objective” historical or philosophical critiques. (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)

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)

This essay will attempt to inspect and discuss what ‘efforts’ have been made to recover from the apartheid regime, to explore the status quaestionis of peacebuilding and conflict transformation theories that have been formulated and consulted to advance and assess these efforts and to consider the reasons for the impact—or lack thereof—that these efforts have had on South Africa's recovery from apartheid era policies and transgressions. The central question towards which these points of focus are directed, is: are South Africa’s (...) various recovery and reconciliation initiatives to be considered more of a success than a failure or vice versa? (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)

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

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)

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)

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)

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)

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)

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)