The proportionality standard demands a meaningful link between the severity of crimes and the punishments received for them. This article investigates the compatibility between this philosophical demand and the practical means most commonly associated with criminal justice provision: governmental decision making. In so far as criminal justice systems require the coordination of real human and physical resources, certain forms of knowledge and incentives are required to calculate, produce, and distribute outputs proportionately. Whereas markets rely upon pricing mechanisms to generate and (...) coordinate information and incentives across diverse stages of complex production processes, governmental decision making often lacks a calculation mechanism comparable to market prices through which knowledge about societal needs and demands can be conveyed and may thus inevitably result in some forms of punitive disparity. (shrink)

This essay is about the difficulties of doing criminal justice in the context of severe social injustice. Having been marginalized as citizens of the larger community, those who are victims of severe social injustice are understandably alienated from the dominant political institutions, and, not unreasonably, disrespect their authority, including that of the criminal law. The failure of equal treatment and protection and the absence of anything like fair and decent life prospects for the members of the marginalized populations erode the (...) basis for its allegiance to demands of the political community. The criminal law thus occupies a problematic normative position with respect to lawbreakers in this population; in many cases, it finds itself in the position of convicting them for crimes for which the political community itself bears some significant responsibility. The attempt to administer criminal justice therefore faces a serious moral predicament; on the one hand, criminal law has a right and an.. (shrink)

Beginning with the experience of a white woman's stomach seizing up in fear of a black man, this essay examines some of the ethical and epistemological issues connected to white ignorance. In conversation with Charles Mills on the epistemology of ignorance, I argue that white ignorance primarily operates physiologically, not cognitively. Drawing critically from psychology, neurocardiology, and other medical sciences, I examine some of the biological effects of racism on white people's stomachs and hearts. I argue for a nonideal medical (...) theory focused on improving wellness in a society that systematically has damaged the health of people of color. The essay concludes that to be fully successful, critical philosophy of race must examine not just the financial, legal, political, and other forms of racism, but also its biological and physiological operations. (shrink)

Philosophers of education tend to mention Max Weber's social theory in passing, assuming its importance and presuming its comprehension, but few have paused to consider how Weber's social theory might consciously inform educational theory and research, and none have done so comprehensively. The aim of this article is to begin this inquiry through a pedagogical reading of Weber's social theory. The basis of my inquiry is Weber's claim in ‘Science as a Vocation’ that the moral purpose of scholarship is met (...) when it provides persons with ‘self-clarification’ and a ‘sense of responsibility’. Using this claim as guide, I make two arguments. First, I make the interpretive argument that Weber's descriptive social theory can be reconciled with his normative remarks about pedagogy. Second, I make the critical argument that Weber's conception of education not only withstands objections, but that it can also help us to discern blind-spots obscured by the objectors' intellectual positions. Ultimately, I conclude that Weber's social theory should influence educational scholars, particularly, by serving as a sober guide for persons who would do well to interrogate the purposes of their work in a time and place where the practice of education is stuck between two undesirable purposes, increasing bureaucratisation and charismatic reform. (shrink)

Prisoners involved in the Attica rebellion and in the recent Georgia prison strike have protested their dehumanizing treatment as animals and as slaves. Their critique is crucial for tracing the connections between slavery, abolition, the racialization of crime, and the reinscription of racialized slavery within the US prison system. I argue that, in addition to the dehumanization of prisoners, inmates are further de-animalized when they are held in conditions of intensive confinement such as prolonged solitude or chronic overcrowding. To be (...) de-animalized is to be treated not as a living being who is sustained by its mutual relations with other living and nonliving beings, but rather as a thing to be warehoused and/or exchanged for a profit. The violence of de-animalization affects both human and nonhuman animals held in control prisons, factory farms, laboratories and other sites of intensive confinement. In order to make the connections between these sites, and to develop forms of solidarity appropriate to our shared animality, we need a post-humanist critique of intensive confinement that breaks with the logic of opposition between human and animal, and articulates our constitutive relationality as (inter)corporeal beings. (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)

That various legal orders preside in any one jurisdiction has long been seen as evidence of legal pluralism; however, this approach lacks a systematic understanding of history in general, and as such, tells us little about the inner machinations of law’s relation to capitalist development in particular. What is needed instead is a dialectical materialist approach to legal development; for this reason, I tender an uneven and combined development theory of law. Law flexes in concert with ever-changing social relations, or (...) more plainly, law evolves in an uneven and combined manner. More than being mired in the contradictions that are the driving force of the UCD of capitalism, however, law also boasts its own set of contradictions that, if carefully accounted for, helps distinguish the historical evolution of capitalism as a social totality. (shrink)

This book is a systematic treatment-perhaps the first-of “attitudes of the heart”-remorse (versus guilt), love, trust, gratitude, personal anger (versus righteous anger), jealousy, and others-and their role in mediating personal relationship, attachment, and connection. This is obviously interesting in its own right, but it also shows how heartfelt attitudes mirror more extensively studied “reactive attitudes” of guilt, resentment, and blame (“attitudes of the will”). Whereas the latter mediate moral relations of mutual respect and accountability, attitudes of the heart are the (...) currency of heartfelt connection and personal relationship. (shrink)

Affirmative action continues to divide. My aim in this paper is to present participants in the debate with a new distinction, namely one between negative and positive affirmative action. Whereas positive affirmative action has to do with certain goods, such as a place at a prestigious university or a job at a prestigious company, negative affirmative action has to do with certain bads, such as a firing or a sentence. I then argue that some of the most prominent arguments in (...) favor of affirmative action speak at least as much in favor of negative as positive affirmative action. At the same time, at least one of the most prominent arguments put forward against affirmative action speak less against negative affirmative action. Thus, the paper should redraw the battle lines in the affirmative action debate. (shrink)

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)

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)

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)

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)

My discussion in this essay begins with a short rehearsal of Kant’s approach to anthropology and history in order to provide the framework for my subsequent focus on the political commentary that has surrounded the Black Lives Matter movement. This movement presents the most recent political challenge to white America’s belief in the inevitability of progress and I am interested in the light that might be shed on this challenge when viewed through the lens of Enlightenment conceptions of not just (...) history, but cultural and racial fitness for progressive development. I conclude with suggestions for the direction a new political imaginary might take, one capable of acknowledging the real history of race in America even as it makes room for the still necessary role played by our hope for progress, and the possibility of an expanded moral horizon. (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)

This article provides an exposition of restorative justice ethics, briefly explaining how and why its relational constitution enables it to comprise a theory of justice. I then describe how that relational constitution permits it to overlap, and work in tandem, with a wide range of religious and philosophical traditions. Numerous writings in religion and peacebuilding explore the roles that restorative justice has played in transitional justice contexts (Tutu 2000, Abu-Nimer 2001, de Gruchy 2002, Biggar 2003, Walker 2004, Villa-Vicencio 2009). Less (...) examined are cases in which restorative justice aims to provide a sustainable alternative to justice institutions and systems that generate substantial systemic injustices—what peace studies scholars describe as the inter-lacing of structural, cultural, and direct forms of violence (Springs 2015). In part two, then, I make the case that intervening in, and countering, structural and cultural violence, and systemic injustices, is conceptually intrinsic to restorative justice. Moreover, this opens possibilities for restorative justice to present sustainable alternatives to—and work to transform— structural violence occurring in retributive justice systems. Restorative justice can uniquely intervene in these ways, I argue, because of the form of moral and spiritual association its relational constitution engenders. As a test case, I briefly examine its capacity to intervene in the justice system that perhaps leads the world in the levels of structural and cultural violence—the United States. (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)

Medical academics are increasingly bringing critical race theory (CRT) or its corollaries to their discourse, to their curricula, and to their analyses of health and medical treatment disparities. The author argues that this is an error. The author considers the history of CRT, its claims, and its current presence in the medical literature. He contends that CRT is inimical to usual academic modes of inquiry and has obscured rather than aided the analysis of social and medical treatment disparities. Remedies for (...) racism suggested by CRT advocates will not work and some of them will make things worse. Academic medicine should avoid the embrace of CRT and should maintain an allegiance to rigorous empirical inquiry and to treating patients not as essentialized ethnic group members but as individual human beings in need of care. (shrink)

Machine learning algorithms pervade contemporary society. They are integral to social institutions, inform processes of governance, and animate the mundane technologies of daily life. Consistently, the outcomes of machine learning reflect, reproduce, and amplify structural inequalities. The field of fair machine learning has emerged in response, developing mathematical techniques that increase fairness based on anti-classification, classification parity, and calibration standards. In practice, these computational correctives invariably fall short, operating from an algorithmic idealism that does not, and cannot, address systemic, Intersectional (...) stratifications. Taking present fair machine learning methods as our point of departure, we suggest instead the notion and practice of algorithmic reparation. Rooted in theories of Intersectionality, reparative algorithms name, unmask, and undo allocative and representational harms as they materialize in sociotechnical form. We propose algorithmic reparation as a foundation for building, evaluating, adjusting, and when necessary, omitting and eradicating machine learning systems. (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)

Research has probed the consequences of providing people with different types of information regarding why a person possesses a certain characteristic. However, this work has largely examined the consequences of different information subsets (e.g., information focusing on internal versus societal causes). Less work has compared several types of information within the same paradigm. Using the legal system as an example domain, we provided children (N=198 6- to 8-year-olds) with several types of information—including information highlighting internal moral character, internal biological factors, (...) behavioral factors, and societal factors—about why a specific outcome (incarceration) might occur. We examined how such language shaped children’s attitudes. In Study 1, children reported the most positivity toward people who were incarcerated for societal reasons and the least positivity toward people who were incarcerated for their internal moral character; attitudes linked with behavioral information fell between these extremes. Studies 2a-2b suggested that Study 1’s effects could not be fully explained by participants drawing different about individuals in Study 1. Study 3 replicated Study 1’s results and showed that information linking incarceration with internal biological factors led to more positivity than information linking incarceration with internal moral character. Finally, Study 4 suggested that the patterns found in Studies 1 and 3 generalize to non-punitive contexts. Moreover, Study 4 found that the effects in Studies 1 and 3 emerged regardless of whether information was communicated via explanations or descriptions. These results demonstrate that how we express our beliefs about social phenomena shape the realities in which others live. (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)

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)

In this collectively written article, the authors interrogate contemporary power constellations that run between control and connectivity. Regimes of individualism, hierarchies of assumed classifications and imperialistic subjectivities sustain the basis for political control that organises connections and divisions used to justify hierarchical dominations and distributions. This makes anti-oppression practices that value differing forms of connectivity and intra-dependence (between humans, more than humans, disciplines, all things considered to be of different bodies) nearly unimaginable. The authors offer/reconfigure/understand connectivity as a practice acting (...) in and at odds with those controlling political regimes that organise and classify matter(s), while experimenting with their own writing methodology aimed at staying connected. Informed by new materialist feminist practices and ideas, the authors discuss the political stakes of multiple ideas of connectivity within three empirical scenarios: academic labour practices, social media and a digitally established mutual aid community. We trace entangled forces of separation and control shaped by global imperialism, processes of individuation and technological apparatuses and how they perform within these scenarios. This approach is mirrored in our practice of writing together. In an alternative to traditionalised ways of writing, we expand upon an embodied praxis, elaborating on multiple engagements while offering our own connections with these differing situated knowledges. In light of this, the authors write in a diffractive, collective fashion that lies somewhere between a conversation and the strict linearity of typical narratives. (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)

Discussions of ethics within in-service teacher education tend to focus on microethical concerns (e.g., discipline) that deal with decision making at interpersonal levels. Issues concerning educational technology are no exception. Yet, as teachers choose and are expected to integrate technological devices (e.g., laptops) and sociotechnical systems (e.g., learning management systems) into pedagogical practices, their classrooms and schools may become implicated in macroethical issues (e.g., electronic waste) that reach beyond the local consequences of their direct actions. Necessitated by tight couplings of (...) technology and education, this article presents the concept of macroethics for teacher educators by grounding it in three areas of concern: obsolescence, automation, and big data. These three areas offer opportunities to make economic and environmental issues more central to case studies on technology in teacher education. At the same time, teacher educators will need to put emphasis on critical reflection and collective action in units on macroethics since the limited impact of individual decision-making on these issues may put teachers in double binds (i.e., dilemmas with contradictory demands). (shrink)

While this article aims to explore the connections between citizenship and ‘race’, it is the first study to use fictional tools as a sociological resource in exemplifying the deviation between citizenship in principle and practice in an Austrian context. The study involves interviews with 73 Austrians from three ethnic/racial groups, which were subjected to a directed approach to qualitative content analysis and coded based on sentences from George Orwell’s fictional book, ‘Animal Farm’. By using fiction as a conceptual and analytical (...) device, this article goes beyond the orthodox particulars of citizenship to expose the compressed entitlements of some racial/ethnic minorities. In particular, data analysis revealed two related and intertwined central themes: (a) “all animals are not equal or comrades”; and (b) “some animals are more equal than others”. All ‘animals’ may be equal in principle, whereas, in practice, their ‘race’ serves as a critical source of social (dis)advantage in the ‘animal kingdom’. Thus, since citizenship is a precondition for possessing certain rights that non-citizens are not granted, I argue that citizenship cannot only be judged by whom it, in theory, excludes (i.e., non-citizens), but also by how it treats the included (i.e., citizens) on the basis of their ‘race’. I conclude that skin colour is a specific aspect of the hierarchy of citizenship in Austria, which reinforces that ‘some animals are more equal than others’. (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)

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)

In part I of this paper, I argue that #MeToo testimony increases epistemic value for the survivor qua hearer when experiences like hers are represented by others; for society at large when false but dominant narratives about sexual violence and sexual harassment against women are challenged and replaced with true stories; and for the survivor qua teller when her true story is believed. In part II, I argue that the epistemic significance of #MeToo testimony compels us to consider the tremendous (...) and often unappreciated costs to the individual tellers, and the increased credibility they are owed in virtue thereof. (shrink)

What is a bias? Standard philosophical views of both implicit and explicit bias focus this question on the representations one harbours, for example, stereotypes or implicit attitudes, rather than the ways in which those representations are manipulated. I call this approach representationalism. In this paper, I argue that representationalism taken as a general theory of psychological social bias is a mistake, because it conceptualizes bias in ways that do not fully capture the phenomenon. Crucially, this view fails to capture a (...) heretofore neglected possibility of bias, one that influences an individual’s beliefs about or actions toward others, but is, nevertheless, nowhere represented in that individual’s cognitive repertoire. In place of representationalism, I develop a functional account of psychological social bias which characterizes it as a mental entity that takes propositional mental states as inputs and returns propositional mental states as outputs in a way that instantiates social-kind inductions. This functional characterization leaves open which mental states and processes bridge the gap between the inputs and outputs, ultimately highlighting the diversity of candidates that can serve this role. (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)

Adults' judgments regarding punishment can have important social ramifications. However, the origins of these judgments remain unclear. Using the legal system as an example domain in which people receive punishment, the current work employed two complementary approaches to examine how punishment-related concepts emerge. Study 1 tested both 6- to 8-year-olds and adults to ascertain which components of “end-state” pun- ishment concepts emerge early in development and remain stable over time, and which components of pun- ishment concepts change with age. Children, (...) like adults, agreed with and spontaneously generated behavioral explanations for incarceration. However, children were more likely than adults to attribute incarceration to internal characteristics. Neither children nor adults reported that incarceration stems from societal-level factors such as poverty. Study 2 built on the results of Study 1 by probing the extent to which early punishment-related concepts in the legal domain emerge from a specific form of social experience—namely, parental incarceration. Children of incarcerated parents, like children whose parents were not incarcerated, were more likely to re- ference internal and behavioral factors than societal factors when discussing why people come into contact with the justice system. Taken together, these studies clarify how punishment-related concepts arise and therefore contribute to theories of moral psychology, social cognitive development, and criminal justice. (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)

This article examines which lessons political philosophers can learn from discussions within Critical Philosophy of Race. The article assumes a social-constructionist understanding of “race” and focuses on the question of how we can reconcile normative universalism with sensitivity to differences that have been created by processes of racialisation. To answer this question, it looks exemplarily at debates within three different fields of political philosophy: normativity, politics, and law. First, it presents objections voiced by critical race theory against liberal, ideal conceptions (...) of justice. Second, the article reconstructs the main arguments for and against affirmative action as a policy measure directed at minority groups. Third, it focuses on racial inequalities in the context of penal law. By way of conclusion, it suggests how debates around justice and punishment and the conceptual lenses offered by CPoR can be fruitfully applied to the German context. (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 recent discussions on the meaning of derogatory terms, most theorists base their investigations on the assumption that slurring terms could in principle have some neutral, i.e. purely descriptive, counterpart. Lauren Ashwell has recently shown that this assumption does not generalize to gendered slurs. This paper aims to challenge the point and benefit of approaching the meaning of derogatory terms in contrast to their allegedly purely descriptive counterparts. I argue that different discursive practices among different communities of practice sometimes change (...) the semantics of a term. By the example of the term ‘black,’ I show in what ways these different practices may amount to semantic contestations which complicate the assessment of whether a specific politically significant term is purely descriptive. My discussion of politically significant terms provides insights into further phenomena such as the appropriation of derogatory terms by the target group or meaning change more generally. Moreover, it not only accounts for the political aspects of a linguistic phenomenon, but equally highlights and explains the oft-neglected but crucial role that language plays in social and political struggles. It thus contributes to ongoing discussions both in philosophy of language and in social and political philosophy. (shrink)