Epistemic Courage is a timely and thought-provoking exploration of the ethics of belief, which shows why epistemology is no mere academic abstraction - the question of what to believe couldn't be more urgent. Jonathan Ichikawa argues that a skeptical, negative bias about belief is connected to a conservative bias that reinforces the status quo.

As algorithms have become ubiquitous in consequential domains, societal concerns about the potential for discriminatory outcomes have prompted urgent calls to address algorithmic bias. In response, a rich literature across computer science, law, and ethics is rapidly proliferating to advance approaches to designing fair algorithms. Yet computer scientists, legal scholars, and ethicists are often not speaking the same language when using the term ‘bias.’ Debates concerning whether society can or should tackle the problem of algorithmic bias are hampered by conflations (...) of various understandings of bias, ranging from neutral deviations from a standard to morally problematic instances of injustice due to prejudice, discrimination, and disparate treatment. This terminological confusion impedes efforts to address clear cases of discrimination. -/- In this paper, we examine the promises and challenges of different approaches to disambiguating bias and designing for justice. While both approaches aid in understanding and addressing clear algorithmic harms, we argue that they also risk being leveraged in ways that ultimately deflect accountability from those building and deploying these systems. Applying this analysis to recent examples of generative AI, our argument highlights unseen dangers in current methods of evaluating algorithmic bias and points to ways to redirect approaches to addressing bias in generative AI at its early stages in ways that can more robustly meet the demands of justice. (shrink)

Charles Mills' philosophical position has undergone a number of subtle shifts over the past 30 years. Nevertheless, there has been a relative consistency in his thought over the past two decades, at least since The Racial Contract of 1997. That consistency consists in his turn towards social contract theory and its liberal values and away from Marxism with its focus on class and political economy. Mills notes that this turn does not constitute a “a complete repudiation of Marxism, since I (...) do think that a modified historical materialism might be able to carry out an adequate conceptualization of the significance of race.” Some of the claims Mills makes about Marx and Engels, however, should be challenged; they (or their views) are not as “white” as Mills attests. Indeed, Marx and Engels made a considerable start at theorizing white supremacy as an outgrowth of modern capitalism. (shrink)

This paper considers three possible ways of understanding the claim that the American criminal justice system is racist: individualist, “patterns”-based, and ideology-based theories of institutional racism. It rejects an individualist explanation of institutional racism because such an explanation fails to explain the widespread prevalence of anti-black racism in this system or indeed in the United States. It considers a “patterns” account of institutional racism, where consistent patterns of disparate racial effect mimic the structure of intentional projects of racial subjugation like (...) slavery or Jim Crow. While a “patterns” account helpfully directs attention to the effects of policies and practices that make up an institution, it does not fully explain the deep roots of anti-blackness in the criminal justice system in the United States. The paper concludes by defending an ideology-based theory of institutional racism for understanding the criminal justice system because the stereotype of the black criminal has a mutually reinforcing relationship with the patterns of disparate outcome for black people in the criminal justice system. This relationship creates a looping effect where the stereotype of the black criminal fuels the disproportionate involvement of black people in the criminal justice system, and the disproportionate representation of black people with felony records, in prisons, brutalized in police encounters, and so on reinforces the idea that black people are especially prone to criminality. Ideological approaches to racism that integrate attention to the patterns of disparate effect best explain what it means to say that the criminal justice system is racist. (shrink)

In this dissertation I develop a philosophical theory of scapegoating that explains the role of blame-shifting and guilt avoidance in the endurance of oppression. I argue that scapegoating masks and justifies oppression by shifting unwarranted blame onto marginalized groups and away from systems of oppression and those who benefit from them, such that people in dominant positions are less inclined to notice or challenge its workings. I first identify a gap in our understanding of oppression, namely how oppression endures despite (...) widespread formal commitments to principles of equality and justice. I argue that prominent theories of oppression do not place enough weight on the question of how oppression is justified and concealed from us through blame-shifting, in ways that enable its persistence without our explicit approval of its systems. Scapegoating, a concept as old as the Bible, offers potential insight into the means through which we shift blame and avoid responsibility. However, my survey of the genealogy of scapegoating shows that existing conceptualizations of scapegoating are limited in their scope and cannot be applied to explain the endurance of oppression. I propose an ameliorative theory of scapegoating that accounts for deficiencies in prevailing theories of both oppression and scapegoating. Distinct from interpersonal theories and psychologistic analyses of scapegoating, my theory characterizes scapegoating according to its social function in oppression, thereby explaining structural dimensions that are not already captured by other accounts.With the motivation and ingredients in place, I develop my theory of scapegoating as made up of three sub-mechanisms: essentialization of marginalized groups as blameworthy, collective interest in protection against a threat, and social exclusion of the blamed. These sub-mechanisms work together to construct certain groups as scapegoats and encourage us to treat them accordingly through various structural and interpersonal means. I argue that scapegoating has important implications for the formation of social identities; namely, scapegoating constructs social identities in an oppressive arrangement that is largely hidden from us but informs our social and affective relations. By constructing some identities as essentially blameworthy and threatening, dominantly situated identity groups are encouraged to internalize a protected status, act together in defense of their status, and maintain systems of oppressive exclusion. Finally, I elaborate the epistemic dimensions of my theory of scapegoating to argue that scapegoating functions within our social imaginaries and structural epistemic practices. In particular, I focus on the ways that ignorance functions to maintain the scapegoat mechanism, and how scapegoating helps insulate structural forms of ignorance. I end by considering the potential for resistance to scapegoating. (shrink)

Most social policies cannot be defended without making inductive inferences. For example, consider certain arguments for racial profiling and affirmative action, respectively. They begin with statistics about crime or socioeconomic indicators. Next, there is an inductive step in which the statistic is projected from the past to the future. Finally, there is a normative step in which a policy is proposed as a response in the service of some goal—for example, to reduce crime or to correct socioeconomic imbalances. In comparison (...) to the normative step, the inductive step of a policy defense may seem trivial. We argue that this is not so. Satisfying the demands of the inductive step is difficult, and doing so has important but underappreciated implications for the normative step. In this paper, we provide an account of induction in social contexts and explore its implications for policy. Our account helps to explain which normative principles we ought to accept, and as a result it can explain why it is acceptable to make inferences involving race in some contexts (e.g., in defense of affirmative action) but not in others (e.g., in defense of racial profiling). (shrink)

Perception provides us with access to the external world, but that access is shaped by our own experiential histories. Through perceptual learning, we can enhance our capacities for perceptual discrimination, categorization, and attention to salient properties. We can also encode harmful biases and stereotypes. This article reviews interdisciplinary research on perceptual learning, with an emphasis on the implications for our rational and normative theorizing. Perceptual learning raises the possibility that our inquiries into topics such as epistemic justification, aesthetic criticism, and (...) moral knowledge should include not only an examination of cognition but also of perception. (shrink)

This dissertation identifies and responds to a problem for liberal relational egalitarians. There is a prima facie worry about the compatibility of liberalism and relational egalitarianism, concerning the requirements of equality in informal social life. Liberalism at least involves a commitment to leaving individuals substantial discretion to pursue their own conceptions of the good. Relational equality is best understood as a kind of deliberative practice about social institutions and practices. Patterns of otherwise innocuous social choices (e.g., where to live, whom (...) to befriend or marry) can create emergent, severe differentials in power, status, and influence, and when they do they can threaten relational equality. If relational equality required individuals to subordinate personal choices to egalitarian considerations, it would run into conflict with liberal commitments. In response, I defend the value of accepting an imperfect realization of relational equality. What I call fair relational equality demands that members of society treat some informal social norms and practices as part of the basic structure of society, in need of justification. Three practices are required to meet that demand. First, the relational-egalitarian society must develop institutional strategies to preempt or mitigate tendencies toward emergent inequality as they are identified. Second, members of society must engage in broad social deliberation about the norms and expectations of informal social interaction. Third, they must be willing to reform social practices where doing so does not impinge on important personal projects and values. (shrink)

Active and targeted reforms at the local and state levels have had success reducing youth incarceration rates. While most agree the work is not done, reform of the youth incarceration system has had important successes. At the same time, activists and advocates have increasingly rejected the goal of reforming youth prisons in favor of abolishing them. I outline some objections to prominent abolitionist arguments. Specifically, I show why arguments that focus on the racist historical origins of the incarceration system, structural (...) injustices within that system, or the inefficiency or harms of the current system justify reform of youth imprisonment practices, not complete elimination of them. By advancing these critiques, I do not claim to show that the reformist perspective is superior to the abolitionist one. Instead, I aim to identify an argumentative burden that abolitionists must address if they are to give reformers good reason to become abolitionists. (shrink)

This paper explores the difference it makes to incorporate the multi-focal conception of violence that has emerged in peace studies over recent decades into the discourse of non-violent direct action (Galtung 1969, 1990; Uvin 2003; Springs 2015b). I argue that non-violent action can and should incorporate and deploy the distinctions between direct, cultural, and structural forms of violence. On one hand, these analytical distinctions can facilitate forms of self-reflexive critical analysis that guard against certain violent conceptual and practical implications of (...) non-violence, however inadvertent those may be. At the same time, these lenses help reconceptualise non-violent action in ways that open up an array of strategies and tools not previously prevalent among activists committed to non-violence. Non-violent action may itself be either complicit in, or might be enabled to illuminate and cut against, forms of violence that infuse social, political, and economic structures (i.e. structural violence). Appeals to non-violence and the actions with which they interweave may be complicit in, or might be enabled to illuminate and cut against, religious, ideological, aesthetic, and even scientific understandings and conceptual frames that underpin and support structural violence (i.e. cultural violence). In each case, non- violence must be critically examined with all these possibilities in mind. I first define and contextualize a multidimensional account of violence in terms of direct, structural, and cultural violence. I then consider two examples of how it challenges thinking about non-violence. (shrink)

Drawing on the work of Charles W. Mills and considering the case of reparations to Black Americans, this article defends the “structural turn” in the philosophical reparations scholarship. In the Black American context, the structural turn highlights the structural and institutional operations of a White supremacist political system and a long chronology of state-sponsored injustice, as opposed to enslavement as a standalone historical episode. Here, the question whether distributive justice is more appropriate than reparative justice is particularly pressing, since structural (...) racial inequalities form part of the basis for reparations. Derrick Darby’s pragmatic argument for non-race-specific redistributive policies and Tommie Shelby’s principled defense of distributive justice are both considered, as well as the challenge to the structural turn that comes from Carlton Waterhouse’s argument for reparations for enslavement rather than “legacy of slavery” reparations. (shrink)

Dog whistling—speech that seems ordinary but sends a hidden, often derogatory message to a subset of the audience—is troubling not just for our political ideals, but also for our theories of communication. On the one hand, it seems possible to dog whistle unintentionally, merely by uttering certain expressions. On the other hand, the intention is typically assumed or even inferred from the act, and perhaps for good reason, for dog whistles seem misleading by design, not just by chance. In this (...) paper, I argue that, to understand when and why it’s possible to dog-whistle unintentionally (and indeed, intentionally), we’ll need to recognize the structure of our linguistic practices. For dog whistles and for covertly coded speech more generally, this structure is a pair of practices, one shared by all competent speakers and the other known only to some, but deployable in the same contexts. In trying to identify these enabling conditions, we’ll discover what existing theories of communicated content overlook by focusing on particular utterances in isolation, or on individual speakers’ mental states. The remedy, I argue, lies in attending to the ways in which what is said is shaped by the temporally extended, socio-politically structured linguistic practices that utterances instantiate. (shrink)

Many have begun to despair that climate justice will prevail even in a minimal form. The affective dimensions of such despair, we suggest, threaten to make climate action appear too demanding. Thus, despair constitutes a moral challenge to individual climate action that has not yet received adequate attention. In response, we defend a duty to act in hope for a more just (climate) future. However, as we see it, this duty falls differentially upon the shoulders of more and less advantaged (...) agents in society. From arguments by Black thinkers like Derrick Bell, we draw a set of distinctions between two types of hope: one for ideal justice, and one for more modest change; and between two types of hopeful actions, those undertaken through formal political channels and those we call 'extra-political' actions; and between two sites of differential moral burdens, those of the privileged and those of the oppressed. Ours is a case for facing even bleak realities, demanding otherwise, and acting in hope to achieve a better future. (shrink)

In this paper, I develop an account of appreciation. I argue that appreciation is an epistemic emotion in which the subject grasps the object in an affective way. The “grasping” and “feeling” components implies that in appreciation, we make sense of the object by having cognitive control over it, are motivated to maintain the valuable epistemic state of understanding, and experience the “aha” or “eureka” moment. This account offers a unified account of the many types of appreciation, including the aesthetic, (...) the moral, and the epistemic. In all these cases, appreciation requires some other first-order emotions as prerequisite. (shrink)

Understanding a normative concept like oppression requires attention to not only its harms but also the causes of those harms. In other words, a complete understanding of such a concept requires a proper causal explanation. This causal explanation can also inform and constrain our moral response to such harms. Therefore, the conceptual explanatory framework that we use to inform our moral diagnosis and our moral response become significant. The first goal of this dissertation is to propose complexity theory as the (...) proper framework for not only explaining a social phenomenon like oppression but also understanding the proper sites for social change. The second goal of this dissertation is to answer three interrelated questions about how we should respond, morally, to a chronic and complex social problem like racial or gender inequality: (1) Why do the current interventions to address these problems fail? (2) Do social movements play any unique role in addressing these problems? (3) What is our individual responsibility to participate in social movements? In response, I argue that the explanatory frameworks that we choose to understand the cause(s) of social problems can be the source of the inadequacy of our intervention. I argue that a proper social and moral intervention needs to capture the complex and dynamic nature of the social world. I also show that changing the explanatory framework allows us to see the unique role social movements play in making effective and sustainable social change possible. Finally, I conclude supporting such movements is a moral imperative. (shrink)

The current work investigated the extent to which children (N=171 6- to 8-year-olds) and adults (N = 94) view punishment as redemptive. In Study 1, children—but not adults—reported that “mean” individuals became “nicer” after one severe form of punishment (incarceration). Moreover, adults expected “nice” individuals’ moral character to worsen following punishment; however, we did not find that children expected such a change. Study 2 extended these findings by showing that children view “mean” individuals as becoming “nicer” following both severe (incarceration) (...) and relatively minor (time-out) punishments, suggesting that the pattern of results from Study 1 generalizes across punishment types. Together, these studies indicate that chil- dren—but not adults—may view punishment as a vehicle for redemption. (shrink)

Coordinating competing interests can be difficult. Because law regulates human behavior, it is a candidate mechanism for creating coordination in the face of societal disagreement. We argue that findings from moral psy- chology are necessary to understand why law can effectively resolve co- occurring conflicts related to punishment and group membership. First, we discuss heterogeneity in punitive thought, focusing on punishment within the United States legal system. Though the law exerts a weak influence on punitive ideologies before punishment occurs, we (...) argue that it effectively coordinates perceptions of individuals who have already been punished. Next, we discuss intergroup conflict, which often co-occurs with disagree- ments related to punishment and represents a related domain where coor- dination can be difficult to achieve. Here, we underscore how insights from moral psychology can promote equality via the law. These examples demonstrate how contributions from moral psychology are necessary to understand the connection between social cognition and law. (shrink)

This article offers a normative analysis of some of the most controversial incidents involving police—what I call police-generated killings. In these cases, bad police tactics create a situation where deadly force becomes necessary, becomes perceived as necessary, or occurs unintentionally. Police deserve blame for such killings because they choose tactics that unnecessarily raise the risk of deadly force, thus violating their obligation to prioritize the protection of life. Since current law in the United States fails to ban many bad tactics, (...) police- generated killings often are treated as “lawful but awful.” To address these killings, some call on changes to departmental policies or voluntary reparations by local governments, yet such measures leave in place a troubling gap between ethics and law. I argue that police-generated killings merit legal sanctions by appealing to a relevant analogy: self-generated self-defense, where the person who engages in self-defense started the trouble. The persistent lack of accountability for police-generated killings threatens life, police legitimacy, and trust in democratic institutions. The article closes by identifying tools in law and policy to address this challenge. (shrink)

Historically, laws and policies to criminalize drug use or possession were rooted in explicit racism, and they continue to wreak havoc on certain racialized communities. We are a group of bioethicists, drug experts, legal scholars, criminal justice researchers, sociologists, psychologists, and other allied professionals who have come together in support of a policy proposal that is evidence-based and ethically recommended. We call for the immediate decriminalization of all so-called recreational drugs and, ultimately, for their timely and appropriate legal regulation. We (...) also call for criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs to be expunged, and for those currently serving time for these offenses to be released. In effect, we call for an end to the “war on drugs.”. (shrink)

It is an orthodoxy of modern political thought that violence is morally incompatible with politics, with the important exception of the permissible violence carried out by the state. The “commonsense argument” for permissible political violence denies this by extending the principles of defensive ethics to the context of state-subject interaction. This article has two aims: First, I critically investigate the commonsense argument and its limits. I argue that the scope of permissions it licenses is significantly more limited than its proponents (...) allow. Second, I develop an alternative (and supplementary) framework for thinking about permissible political violence. I argue that under certain circumstances, subjects may violently protest their treatment, where protest is understood as an expression of rejection of those circumstances. On my view, protest, including violent protest, is permissible when it is the fitting response to those circumstances. This alternative framework accounts for an important class of cases of intuitively permissible political violence, including cases in which such violence does not serve strategic political ends or is even counterproductive towards those ends. (shrink)

ABSTRACT In this paper, I present data involving the use of the Romanian slur ‘țigan’, consideration of which leads to the postulation of a sui-generis, irreducible type of use of slurs. This type of use is potentially problematic for extant theories of slurs. In addition, together with other well-established uses, it shows that there is more variation in the use of slurs than previously acknowledged. I explain this variation by construing slurs as polysemous. To implement this idea, I appeal to (...) a rich-lexicon account of polysemy. I show how such a theory can be applied to slurs and discuss several important issues that arise. (shrink)

This article uses 18 months of ethnographic observations with formerly incarcerated black women to contend that they are subjected to what I term rehabilitation labor—a series of unwritten state practices that seek to govern the transformation of formerly incarcerated people from criminals to workers. I reveal that employment is subjectively policed by state agents and must meet three conditions to count as work: reliable, recognizable, and redemptive. I find that women who are unable to meet these employment conditions are framed (...) by state agents as failing to demonstrate an appropriate commitment to their moral—and therefore criminal—rehabilitation, and consequently experience perceived threats of reincarceration. Building a theory of intersectional capitalism, I argue that rehabilitation labor is situated within a broader historical project of making black women legible to the state through the labor market. (shrink)

In December 2010, the governor of Mississippi suspended the dual life sentences of two African American sisters who had been imprisoned for sixteen years on an extraordinary condition: that Gladys Scott donate a kidney to her ailing sister Jamie Scott. The Scott Sisters’ case is a highly unusual one, yet it is a revealing site for inquiry into US biopolitics more broadly. Close attention to the conditional release and its context demands a broader frame than traditional bioethics and helps to (...) push science and technology studies analysis of race past its conventional focus on genetics. This article draws on the Scott Sisters’ case as a site for interrogating the US context of racialized mass incarceration and kin-oriented and consumerist valorization of organ donation. Tensions between racialized exclusions, the promise of consumerist freedom, and the lack of expectations of the state are foundational to a distinctly American biological citizenship. By putting the Scott Sisters’ case into conversation with broader arguments about incarceration as a site of racialization and STS literatures of organ transplantation and of biological citizenship in diverse geographical sites, this article seeks to articulate some of the racialized contours of biopolitics in the United States. (shrink)

Black mothers often are responsible for teaching their children how to respond to police violence. Through 30 in-depth interviews with black mothers from diverse social class backgrounds, I investigate how they address the gendered racial vulnerability of their children in the “police talk,” a socialization practice designed to prepare children for police encounters. I identify mothers’ primary discourse as “the making it home” framework, which encapsulates in parent–child socialization their use of double consciousness around the police. This framework marginalizes girls’ (...) experiences in three ways: it conceptualizes boys as the primary targets of police, while constructing girls as collateral targets of police violence; it emphasizes masculine forms of violence; and it is directed almost exclusively at boys. An intersectional analysis is applied to redress the limitations of the police talk and to highlight the need for structural reforms to recognize and combat police violence against black women and girls. (shrink)

Scholars have identified policing and hyper-incarceration as key mechanisms to reproduce racial inequality and poverty. Existing research, however, often overlooks how policing practices impact gender and sexuality, especially expansive expressions of gender and non-heterosexuality. This lack of attention is critical because lesbian, gay, bisexual, transgender, and queer people disproportionately experience incarceration, including LGBTQ youth who are disproportionately incarcerated in juvenile detention. In this article, I draw on 18 months of ethnographic fieldwork and 40 in-depth interviews with LGBTQ youth experiencing homelessness (...) to address this gap in the literature by documenting how police and other agents of the state use their discretion to regulate youth’s gender expressions, identities, and sex lives. I posit that current policing patterns of discrimination operate primarily not through de jure discrimination against LGBTQ people but as de facto discrimination based on discretionary hyper-incarceration practices that police gender, sexuality, and LGBTQ people. I contend that policing is not only about maintaining racial inequality and governing poverty but also about controlling and regulating gender and sexuality, especially the gender and sexuality of poor LGBTQ people of color. (shrink)

It is often thought that traditional recidivism prediction tools used in criminal sentencing, though biased in many ways, can straightforwardly avoid one particularly pernicious type of bias: direct racial discrimination. They can avoid this by excluding race from the list of variables employed to predict recidivism. A similar approach could be taken to the design of newer, machine learning-based (ML) tools for predicting recidivism: information about race could be withheld from the ML tool during its training phase, ensuring that the (...) resulting predictive model does not use race as an explicit predictor. However, if race is correlated with measured recidivism in the training data, the ML tool may ‘learn’ a perfect proxy for race. If such a proxy is found, the exclusion of race would do nothing to weaken the correlation between risk (mis)classifications and race. Is this a problem? We argue that, on some explanations of the wrongness of discrimination, it is. On these explanations, the use of an ML tool that perfectly proxies race would (likely) be more wrong than the use of a traditional tool that imperfectly proxies race. Indeed, on some views, use of a perfect proxy for race is plausibly as wrong as explicit racial profiling. We end by drawing out four implications of our arguments. (shrink)

When bringing philosophical attention to bear on social movement slogans in general, philosophers have often focused on their communicative nature—particularly the hermeneutical failures that arise in discourse. Some of the most popular of these failures are illustrated in ‘all lives matter’ retorts to ‘black lives matter’ pronouncements. Although highlighting and criticizing these failures provides much needed insight into social movement slogans as a communicative practice, I claim that in doing so, philosophers and slogans’ users risk placing too much importance on (...) outgroup understandings. This emphasis is misguided because gaining such uptake is not required of particular slogans to perform their functions; indeed it is an inherent risk of them. I show how such an emphasis can also be distracting to users. Since social movement slogans that express values are first and foremost for users, I argue for a shift in focus in what these slogans (such as ‘Black Is Beautiful’ and the more recent ‘Black Lives Matter’) do for users, as well as what they demand from users and enable them to express. When slogans have done these things, regardless of uptake, we can say they have performed one of their key functions. (shrink)

This article carves out a new path between the two dominant wings of contemporary egalitarianism. The luck egalitarian emphasis on choice and personal responsibility is misplaced because individuals differ so deeply, and arbitrarily, in their choice-making capacities. Allowing inequalities to result from ‘choice’ is akin to allowing inequalities to stem from the possession of any other morally arbitrary factor – such as skin colour or gender. The move towards relational egalitarianism has been a case of two-steps forward, one-step back. While (...) the shift away from the focus on choice is salutary, the concurrent rejection of luck is problematic, given the prevalence and importance of luck-based discrepancies in opportunities to lead a good life. A new conceptual framework is presented: good life egalitarianism. The guiding idea is that given the unavoidable arbitrariness of human capacities, the foundation for a good life should be assured for people regardless of the actual choices that they make. The essential goods necessary for leading a good life – such as the opportunities to self-determine and to enjoy non-dominating social relationships – should be guaranteed to all. (shrink)

Progressive family policy regimes typically aim to promote and protect women’s opportunities to participate in the workforce. These policies offer significant benefits to affluent, two-parent households. A disproportionate number of low-income and impoverished families, however, are headed by single mothers. How responsive are such policies to the objectives of these mothers and the needs of their children? This chapter argues that one-size-fits-all family policy regimes often fail the most vulnerable household and contribute to intergenerational poverty in two ways: by denying (...) at-risk children adequate parenting, and by undermining their mothers’ legitimate interest in nurturing and caring for their own children. The capabilities of these mothers and the well-being of their children are better served by policies which recognise maternal caregiving as a productive and valuable occupation meriting equal respect and social support. (shrink)

Philosophers have highlighted a dilemma for the criminal law. Unjust, racist policies in the United States have produced conditions in which the dispossessed are more likely to commit crime. This complicity undermines the standing of the state to blame their offenses. Nevertheless, the state has reason to punish those crimes in order to deter future offenses. Tommie Shelby proposes a way out of this dilemma. He separates the state’s right to condemn from its right to punish. I raise doubts about (...) Shelby’s proposed resolution. So long as punishment is widely and reasonably understood to condemn crime, Shelby’s proposal does not resolve the dilemma. Moreover, there is reason to think the blaming aspect of punishment plays a role in the justification of its hard treatment. I conclude by considering some other ways out of the dilemma, focusing especially on how the United States might take responsibility for its complicity. (shrink)

Prison as a Torturous Institution Philosophers working on torture have largely failed to address the widespread use of torture in the U.S. prison system. Drawing on a victim-focused definition of torture, I argue that the U.S. prison system is a torturous institution in which direct torture occurs (the use of solitary confinement) and in which torture is allowed to occur through the toleration of sexual assault of inmates and the conditions of mass incarceration. The use and toleration of torture expresses (...) and reinforces the moral exclusion of those subjected to it, particularly African Americans. Importantly, this moral exclusion and the experience of torture may be created and reinforced through institutional practices independently of the intentions of individuals acting within those institutions. By prioritizing torture victims’ experiences and severing the link between torture and intention, my account forces a recognition that, far from being inconsistent with U.S. values, torture is deeply embedded within U.S. institutions. (shrink)

Often described as an outcome, inequality is better understood as a social process -- a function of how institutions are structured and reproduced, and the ways people act and interact within them across time. Racialized inequality persists because it is enacted moment to moment, context to context -- and it can be ended should those who currently perpetuate it commit themselves to playing a different role instead. This essay makes three core contributions: first, it highlights a disturbing parity between the (...) people who are most rhetorically committed to ending racialized inequality and those who are most responsible for its persistence. Next, it explores the origin of this paradox – how it is that ostensibly antiracist intentions are transmuted into ‘benevolently racist’ actions. Finally, it presents an alternative approach to mitigating racialized inequality, one which more effectively challenges the self-oriented and extractive logics undergirding systemic racism: rather than expropriating blame to others, or else adopting introspective and psychologized approaches to fundamentally social problems, those sincerely committed to antiracism can take concrete steps in the real world – actions which require no legislation or coercion of naysayers, just a willingness to personally make sacrifices for the sake of racial justice. (shrink)

Feminist and queer theorists influenced by Michel Foucault have given analyses of sexual violence and of sexually violent pornography that are generally taken to be in striking opposition to those defended by radical feminists such as Catharine MacKinnon. In this commentary on Linda Martín Alcoff’s Rape and resistance: Understanding the complexities of sexual violation, I suggest that these seemingly divergent analyses of sexual violence are more similar than they have appeared to be and I ask: Might this book help to (...) bring an end to the so-called ‘sex wars’ between the Foucauldians and the MacKinnonites that have been raging since the mid-1980s? (shrink)

This paper explores communicative punishment from a non-idealized perspective. I argue that, given the specific racial dynamics involved, and given the broader social and historical context in which they are embedded, American policing and punishment function as a form of racially derogatory discourse. Understood as communicative behavior, criminal justice activities express a commitment to a broader ideology. Given the facts about how the American justice system actually operates, and given its broader socio-political context, American carceral behaviors express a commitment to (...) the same types of derogatory, subordinating anti-minority ideologies that are paradigmatically conveyed through racial slurs and similar forms of derogatory speech. Moreover, I argue, this derogatory meaning presents a significant obstacle to adequate criminal justice reform. (shrink)

While there is a steadily growing literature on epistemic injustice in healthcare, there are few discussions of the role that biomedical technologies play in harming patients in their capacity as knowers. Through an analysis of newborn and pediatric genetic and genomic sequencing technologies (GSTs), I argue that biomedical technologies can lead to epistemic injustice through two primary pathways: epistemic capture and value partitioning. I close by discussing the larger ethical and political context of critical analyses of GSTs and their broader (...) implications for just and equitable healthcare delivery. (shrink)

Standpoint epistemology is committed to a cluster of views that pays special attention to the role of social identity in knowledge‐acquisition. Of particular interest here is the situated knowledge thesis. This thesis holds that for certain propositions p, whether an epistemic agent is in a position to know that p depends on some nonepistemic facts related to the epistemic agent's social identity. In this article, I examine two possible ways to interpret this thesis. My first goal here is to clarify (...) existing interpretations of this thesis that appear in the literature but that are undeveloped and often mistakenly conflated. In so doing, I aim to make clear the different versions of standpoint epistemology that one might accept and defend.This project is of significance, I argue, because standpoint epistemology provides helpful tools for understanding a phenomenon of recent interest: epistemic oppression. My second goal is to provide an analysis that makes clear how each of the readings I put forth can be used to illuminate forms of epistemic oppression. (shrink)

After a fatal police shooting in the United States, it is typical for city and police officials to view the family of the deceased through the lens of the law. If the family files a lawsuit, the city and police department consider it their legal right to defend themselves and to treat the plaintiffs as adversaries. However, reparations and the concept of “reparative justice” allow authorities to frame police killings in moral rather than legal terms. When a police officer kills (...) a person who was not liable to this outcome, officials should offer monetary reparations, an apology, and other redress measures to the victim’s family. To make this argument, the article presents a philosophical account of non-liability hailing from self-defense theory, centering the distinction between reasonableness and liability. Reparations provide a non-adversarial alternative to civil litigation after a non-liable person has been killed by a police officer. In cases where the officer nevertheless acted reasonably, “institutional agent-regret” rather than moral responsibility grounds the argument for reparations. Throughout the article, it is argued that there are distinct racial wrongs both when police kill a non-liable black person and when family members of a black victim are treated poorly by officials in the civil litigation process. (shrink)

In the United States, convicted offenders frequently lose the right to vote, at least temporarily. Drawing on the common observation that citizens of color lose democratic rights at disproportionately high rates, this chapter argues that this punishment is problematic in non-ideal societies because of the way in which it diminishes the political power of marginalized groups and threatens to reproduce patterns of domination and subordination, when they occur. This chapter then uses the case of penal disenfranchisement to illustrate how idealized (...) discussions of deterrence, rehabilitation, and retribution often ignore the relationship between punishment and social/political power, and thus systematically obscure morally significant aspects of our broader penal practices. (shrink)

In light of the recent emergence of predictive techniques in law enforcement to forecast crimes before they occur, this paper examines the temporal operation of power exercised by predictive policing algorithms. I argue that predictive policing exercises power through a paranoid style that constitutes a form of temporal governmentality. Temporality is especially pertinent to understanding what is ethically at stake in predictive policing as it is continuous with a historical racialized practice of organizing, managing, controlling, and stealing time. After first (...) clarifying the concept of temporal governmentality, I apply this lens to Chicago Police Department’s Strategic Subject List. This predictive algorithm operates, I argue, through a paranoid logic that aims to preempt future possibilities of crime on the basis of a criminal past codified in historical crime data. (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)

Trends in the history of social science dedicated to the study of crime and punishment are presented as a case study supporting F.A. Hayek's theory of social change. Designing effective social institutions and public policies first requires an accurate vision of how society operates. An accurate model of society further requires scientific methods uniquely suited for the study of human beings as purposeful agents and the study of human institutions as complex social phenomena. If guided by faulty methods, theories are (...) inaccurate and policy outcomes veer from their intentions. Hayek termed such outcomes "abuses of reason". Aiming to replicate the objectivity of physical sciences via formal modeling and statistical measurement, economists throughout the 20th century imposed an excessively technical vision of human decision-making. Policy failures and social problems resulted. This paper argues that the historical trends of applied social science dedicated to crime and punishment can be understood similarly. Formal modeling and statistical measurement continuously displaced methods more attuned to human intentionality and social complexity. In result, amidst a long-run history of intellectual and political change, US law enforcement and criminal punishment policies became technocratic, and outcomes became disjointed from their stated intentions to promote social order and welfare. (shrink)

This article argues that diverse theorists have reasons to theorize about fairness in nonideal conditions, including theorists who reject fairness in ideal theory. It then develops a new all-purpose model of ‘nonideal fairness.’ §1 argues that fairness is central to nonideal theory across diverse ideological and methodological frameworks. §2 then argues that ‘nonideal fairness’ is best modeled by a nonideal original position adaptable to different nonideal conditions and background normative frameworks (including anti-Rawlsian ones). §3 then argues that the parties to (...) the model have grounds to seek a variety of remedial social, legal, cultural, and economic ‘nonideal primary goods’ for combating injustice, as well as grounds to distribute these goods in an equitable and inclusive manner. Finally, I illustrate how the model indexes the nonideal primary goods it justifies to different nonideal contexts and background normative frameworks, illustrating why diverse theorists should find the model and its output principles attractive. (shrink)

Teaching at a private, conservative religious institution poses unique challenges for equality, diversity, and inclusivity education (EDI). Given the realities of the student population in the Honors College of a private, religious institution, it is necessary to first introduce students to the contemporary realities of inequality and oppression and thus the need for EDI. This chapter proposes a conceptual framework and pedagogical suggestions for teaching basic concepts of social justice in a team-taught, interdisciplinary social science course. The course integrates four (...) different approaches to justice: theoretical, social scientific, narratological, and experiential. The discussion of the experiential dimension of the course references practical pedagogical strategies for making social justice and inequality real for our students. Understanding the realities of social inequality and its roots can foster a better understanding of the social forces and structures that perpetuate inequality. Furthermore, this approach can plant the intellectual and empathic seeds to challenge in-group bias and hopefully germinate into fruitful interaction with diverse others. Finally, this rich, interdisciplinary encounter with social inequality and justice can prepare students to work for just social structures that will lead to a more inclusive world. (shrink)

Its critics call it ‘feminism-as-crime-control’, or ‘Governance Feminism’, diagnosing it as a pernicious form of identity politics. Its advocates call it taking sexual violence seriously – by which they mean wielding the power of the state to ‘punish perpetrators’ and ‘protect vulnerable women’. Both sides agree that this approach follows from the radical feminist analysis of sexual violence most strikingly formulated by Catharine MacKinnon. The aim of this paper is to rethink the Governance Feminism debate by questioning this common presupposition. (...) I ask whether taking MacKinnon’s analysis of sexual violence seriously might, in fact, itself give us reason to be critical of political strategies that embrace the punitive state. By raising this question, I hope to persuade radical feminists to listen to critics of carceral politics rather than dismissing them as rape apologists, and critics of carceral politics to listen to radical feminists rather than dismissing them as state apologists. (shrink)

Several writers have argued that the state lacks the moral standing to hold socially deprived offenders responsible for their crimes because the state would be hypocritical in doing so. Yet the state is not disposed to make an unfair exception of itself for committing the same sorts of crimes as socially deprived offenders, so it is unclear that the state is truly hypocritical. Nevertheless, the state is disposed to inconsistently hold its citizens responsible, blaming or punishing socially deprived offenders more (...) often or more harshly than other offenders, even when the crimes are the same. The state’s stable disposition to inconsistently hold offenders responsible undermines its standing to hold offenders responsible for the same reasons that hypocrisy undermines standing; instead of making an unfair exception of itself, the state makes an unfair exception of others. Strikingly, this means that the state lacks the standing to hold anyone responsible for a crime for which it is unfairly disposed to hold citizens responsible inconsistently, not just socially deprived offenders. Thus, it is even more urgent that the state regain its moral standing by working toward a justice system that holds offenders responsible consistently. (shrink)

This paper does two things. First, it interprets the work of W. E. B. Du Bois to reveal that the meanings of race terms are grounded by both a historical and an aspirational component. Race terms refer to a backward-looking component that traces the history of the group to its present time, as well as a forward-looking component that sets out values and goals for the group. Race terms thus refer to a complex cluster of concepts that involve biological, sociological, (...) historical, moral, and political properties. Second, the paper defends W. E. B. Du Bois’s conservationist thesis about races, which holds that we should maintain race talk and racial distinctions. But instead of offering philosophical evidence, this paper defends the plausibility of the conservationist thesis with evidence from contemporary biology and psychology. It argues that, instead of eliminating race terms or concepts, we should conserve and revise them. (shrink)

Responding to Danaher et al. on self-tracking technologies, I argue that human lived experience is becoming increasingly mediated by generalized, statistical information, which I term our "infotality." Drawing on the work of Foucault, I argue that infotality is historically novel and best understood as the product of biopolitics, healthism, and informatics. I then critique the authors' "stance of cautious openness,” which misunderstands the aims of the technology in question and the fundamental ambiguity of the role information plays in the achievement (...) of human wellbeing. Self-tracking technologies are not primarily designed to change behavior; they are designed to create and sustain the desire for their use. I conclude by suggesting that infotality names a new way to fall for an old ruse: the promise that more information means more wellbeing. (shrink)

In the United States, prohibitionist policies are used as the primary approach to combat the negative effect of substance use on society. An extensive academic literature spanning the disciplines of economics, political science, and multiculturalism documents the great social costs of the United States’ “War on Drugs” both nationally and internationally. These costs come with at best marginal effect on substance abuse and other crimes linked to the drug trade. In many cases, there is a reason to believe that these (...) policies exacerbate the problems they aim to address. This article explores psychologists’ ethical commitments to social change concerning such drug policy, given the field of psychology’s expanding commitment to social justice. We examine arguments regarding the boundaries between psychologists’ personal and professional ethics with regard to political participation. Using drug prohibition as an exemplar, we suggest that many psychologists’ political actions and professional ethics may be misaligned. Ultimately, we conclude that the endorsement of prohibitionist drug policies is in direct conflict with the guiding ethical principles put forth by the American Psychological Association’s Ethical Principles of Psychologists and Code of Conduct. (shrink)