This volume considers the ethics of policing and imprisonment, focusing particularly on mass incarceration and police shootings in the United States. The contributors consider the ways in which non-ideal features of the criminal justice system―features such as the prevalence of guns in America, political pressures, considerations of race and gender, and the lived experiences of people in jails and prisons―impinge upon conclusions drawn from more idealized models of punishment and law enforcement. There are a number of common themes running throughout (...) the chapters. One is the contrast between idealism and realism about justice. Another is the attention to harmful consequences, not only of prisons themselves, but to the events that often precede incarceration, including encounters with police and pre-trial detention. A third theme is the legacy of racism in the United States and the role that the criminal justice system plays in perpetuating racial oppression. (shrink)

The mind-body problem in philosophy is typically understood as a discourse concerning the relation of mental states to physical states, and the experience of sensation. On this level it seems to transcend issues of race and racism, but Another Mind-Body Problem demonstrates that racial distinctions have been an integral part of the discourse since the Modern period in philosophy. Reading figures such as Descartes, Leibniz, and Kant in their historical contexts, John Harfouch uncovers discussions of mind and body that engaged (...) closely with philosophical and scientific notions of race in metaphysics and the philosophy of mind, in particular in understanding how the mind unites with the body at birth and is then passed on through sexual reproduction. Kant argued that a person’s exterior body and interior psyche are bound together, that non-White people lacked reason, and that this lack of reason was carried on through reproduction such that non-Whites were an example of a union of mind and body without full being. Charting the development of this phenomenon from sixteenth-century medical literature to modern-day race discourse, Harfouch argues for new understandings of Descartes’s mind-body problem, Fanon’s experience of being ‘not-yet human,’ and the place of racism in relation to one of philosophy’s most enduring and canonical problems. -/- “Harfouch has written an important book on the intersection of race and the Western construction of the mind-body problem … This book is a significant resource for theorists dealing with race and decolonization issues, but it is more significant for the critique of philosophy itself and the continued teaching of mind-body issues. Readers will need some knowledge of philosophy, but the volume is in general accessible. It should be required reading for scholars of philosophy. Harfouch establishes a logically strong argument and makes a unique contribution to the field.” — CHOICE. (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)

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)

Programs of drug testing welfare recipients are increasingly common in US states and have been considered elsewhere. Though often intensely debated, such programs are complicated to evaluate because their aims are ambiguous – aims like saving money may be in tension with aims like referring people to treatment. We assess such programs using a proportionality approach, which requires that for ethical acceptability a practice must be: reasonably likely to meet its aims, sufficiently important in purpose as to outweigh harms incurred, (...) and lower in costs than feasible alternatives. In the light of empirical findings, we argue that the programs fail the three requirements. Pursuing recreational drug users is not important in the light of costs incurred, while dependent users who may require referral are usually identifiable without testing and typically need a broader approach than one focussing on drugs. Drug testing of welfare recipients is therefore not ethically acceptable policy. (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)

This article examines the changing relationship between sexual politics and the carceral state. While sexual and gender nonconforming people have been historically punished for transgressing social norms, lesbian, gay, bisexual and transgender activists in Europe and North America have begun to invest in the state punishment of others. Whether supporting hate crime legislation, calling for more police in gentrifying neighborhoods, or participating in police recruitment campaigns, organisations that formerly fought against criminalisation trends now actively support expanding forms of state violence (...) and punishment. Focussing on examples from the British and US context—and drawing from the concept of ‘queer necropolitics’—this article considers how the carceral state has shifted from a key target of queer protest to celebrated guardian of sexual citizenship. Arguing that this process constitutes more than just another story of queer assimilation and co-optation, the article suggests this shift reflects a deeper reconfiguration of sexual politics, where citizenship norms and practices are increasingly infused with a chillingly punitive and deathly logic. (shrink)

Often overlooked in studies of the corporation is the recognition that the modern corporate form and its power are rooted in the issue of race, and more specifically, in racial oppression. The racialized roots of the corporation become exposed when we acknowledge the significance of slavery and the Fourteenth Amendment to the evolution of the corporate form along with the discriminatory role corporations have traditionally played in shaping race relations in the U.S. This article draws upon several theoretical perspectives, primarily (...) critical race theory, management theory, legal studies, diversity management, and corporate social responsibility to introduce the corporate responsibility to race concept and establish it as a new basis for understanding why corporate persons have a responsibility for improving race relations. (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)

Research suggests that interventions involving extensive training or counterconditioning can reduce implicit prejudice and stereotyping, and even susceptibility to stereotype threat. This research is widely cited as providing an “existence proof” that certain entrenched social attitudes are capable of change, but is summarily dismissed—by philosophers, psychologists, and activists alike—as lacking direct, practical import for the broader struggle against prejudice, discrimination, and inequality. Criticisms of these “debiasing” procedures fall into three categories: concerns about empirical efficacy, about practical feasibility, and about the (...) failure to appreciate the underlying structural-institutional nature of discrimination. I reply to these criticisms of debiasing, and argue that a comprehensive strategy for combating prejudice and discrimination should include a central role for training our biases away. (shrink)

This paper outlines an account of political realism as a form of ideology critique. Our focus is a defence of the normative edge of this critical-theoretic project against the common charge that there is a problematic trade-off between a theory’s groundedness in facts about the political status quo and its ability to consistently envisage radical departures from the status quo. To overcome that problem we combine insights from three distant corners of the philosophical landscape: theories of legitimacy by Bernard Williams (...) and other realists, Frankfurt School-inspired Critical Theory, and recent analytic epistemological and metaphysical theories of cognitive bias, ideology, and social construction. The upshot is a novel account of realism as empirically-informed diagnosis- critique of social and political phenomena. This view rejects a sharp divide between descriptive and normative theory, and so is an alternative to the anti- empiricism of some approaches to Critical Theory as well as to the complacency towards existing power structures found within liberal realism, let alone mainstream normative political philosophy, liberal or otherwise. (shrink)

This essay responds to the criticism that contemporary efforts to redress discrimination and inequality are overly individualistic. Critics of individualism emphasize that these systemic social ills stem not from the prejudice, irrationality, or selfishness of individuals, but from underlying structural-institutional forces. They are skeptical, therefore, of attempts to change individuals’ attitudes while leaving structural problems intact. I argue that the insistence on prioritizing structural over individual change is problematic and misleading. My view is not that we should instead prioritize individual (...) change, but that individual changes are integral to the success of structural changes. These theorists urge a redirection of attention, claiming that we should think less about the individual and more about the social. What they should urge instead is that we think differently about the individual, and thereby think differently about the social. (shrink)

In criminal trials the state must establish, to a particular standard of proof, the defendant's guilt. The most widely used and important standard of proof for criminal conviction is the ‘beyond a reasonable doubt' standard. But what legitimates this standard, rather than an alternative? One view holds the standard of proof should be determined or justified – at least in large part – by its consequences. In this spirit, Laudan uses crime statistics to estimate risks the average citizen runs of (...) being violently victimised and falsely convicted. He argues that since the former risk is higher, and the aggregate harms are worse, the standard of proof should be substantially lowered. He presents a formula for calculating the preferred standard. In this article I outline various ways Laudan's uses of crime statistics are flawed, and explain how he substantially overestimates risks of victimhood and underestimates costs of false convictions. I also explain why his formula is mistaken, and illuminate consequences Laudan neglects. I conclude that, even if consequences determine the appropriate standard of proof, Laudan's arguments fail to show the standard is too high. I conclude by suggesting that the inadequacies of Laudan's reasoning might be good news for consequence-based justifications of the standard of proof. (shrink)

With some exceptions, it appears that the non-incarcerated world spends little time, if any at all, thinking about how prisoners are treated, whether during detainment or incarceration, after release, or when being put to state-sanctioned death. Of course, in part this is understandable, as the processes of punishment for breaking the social contract have moved from being public spectacle (once serving as a display of the sovereign’s power and as simultaneous warning and entertainment for lookers-on) to a private and “strange (...) scientifico-juridical complex” (Foucault 1995, 19) with the veneer of “modernity” and “civility,” theoretically drawing a clear line between the horrors of the crimes committed and those of the punishment (Sarat 2014). But even in the 21st century, the distinction is fuzzy at best. Incarcerated populations around the globe continue to be at greater risk of infectious diseases than non-incarcerated persons in the same communities (see da Cruz and Rich 2014), prison .. (shrink)

In this paper, we analyze the recent public scandal involving Nafissatou Diallo and Dominique Strauss-Kahn to offer an account of the role affectability imbalances play in process-based invisibility. Process-based invisibilities, in this paper, refer to predictable narrative gaps within public narratives that can be aptly described as disappearances. We demonstrate that compromised, complex social identities, maladjusted webs of reciprocity, and a failure to fully appreciate basic affectability in large part cause affectability imbalances. Ultimately, we claim that affectability imbalances and the (...) three imbricated conditions that facilitate such imbalances—complex social identities, reciprocity, and basic affectability—are integral features of process-based invisibility. (shrink)

The upcoming U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization has the potential to eliminate or severely restrict access to legal abortion care in the United States. We a...

In the literature on transitional justice, there is disagreement about whether countries like the United States can be characterized as transitional societies. Though it is widely recognized that transitional justice mechanisms such as truth commissions and reparations can be used by Global North nations to address racial injustice, some consider societies to be transitional only when they are undergoing a formal democratic regime change. We conceptualize the political situation of low-income Black communities under the U.S. imprisonment and policing regime in (...) terms of three criteria for identifying transitional contexts: normalized collective and political wrongdoing, pervasive structural inequality, and the failure of the rule of law. That these criteria are met, however, does not necessarily mean that a transition is taking place. Drawing on the American political development and abolition democracy literatures, we discuss what it would mean for the United States to transition out of its present imprisonment and policing regime. A transitional justice perspective shows the importance of not only pushing for truth and reparation, but for an actual transition. (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)

Millions of children in the United States experience parental incarcera- tion, yet it is unclear how this experience might shape social cognition. We asked children of incarcerated parents (N = 24) and children whose parents were not incarcerated (N = 58) to describe their parents. Both groups of children also rated the extent to which they agree that they feel positive and, separately, negative emotions when thinking about their parent and best friend. This approach allowed us to test between two (...) alternative hypotheses. On the one hand, cultural narratives in the United States convey negative messages about incarcerated people, and these messages could prompt children to report negativity when thinking about their incarcerated parents. On the other hand, chil- dren’s positivity toward close others is robust. Thus, when thinking about their incarcerated parents, children may report a great deal of positivity. Consistent with the latter possibility, children were more likely to describe their incarcerated parents using positive rather than negative terms. Moreover, children of incarcerated parents were more likely to agree that thinking about close others made them feel posi- tive emotions than they were to agree that thinking about close others made them feel negative emotions. A similar pattern of results emerged among children whose parents were not incarcerated. These findings demonstrate the robustness of children’s positivity and can inform debates regarding contact between incarcerated par- ents and their children. (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)

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)

Since at least the 1980s, police departments in the United States have embraced a set of practices that aim, not to enable the prosecution of past criminal activity, but to discourage people from breaking the law in the first place. It is not clear that these practices effectively lower the crime rate. However, whatever its effect on the crime rate, I argue that preventive policing is essentially distinct from legal governance, and that excessive reliance on preventive policing undermines legal governance. (...) To show this, I emphasize law’s unique aptitude to define legal subjects’ ‘manifest’ status relations – that is, the rights and obligations that live within their local practices. I then argue, first, that preventive policing does not aim to define these relationships; and second, that excessive preventive policing threatens the relationship that law must bear with its subjects if law is to define their manifest relations authoritatively. (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)

Analytic social ontology has been dominated by approaches where institutions tend to come out paradigmatically as being relatively harmonious and mutually beneficial. This can however raise worries about such models potentially playing an ideological role in conceptualizing certain politically charged features of our societies as marginal phenomena or not even being institutional matters at all. This article seeks to develop a nonideal theory of institutions, which neither assumes that institutions are beneficial or oppressive, and where ideology is understood as a (...) structuring and stabilizing phenomenon that helps maintain specific distributions of rights and duties by conferring perceived legitimacy onto them. (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 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)

How should we explore the relationship between race and educational opportunity? One approach to the Black-White achievement gap explores how race and class cause disparities in access and opportunity. In this paper, I consider how education contributes to the creation of race. Considering examples of classroom micropolitics, I argue that breakdowns of trust and trustworthiness between teachers and students can cause substantial disadvantages and, in the contemporary United States, this happens along racial lines. Some of the disadvantages are academic: high (...) achievement is more difficult when one faces mistrust, ego depletion, effort pessimism, and insult. And within a knowledge economy, exclusion from knowledge work makes one vulnerable to injustice. But the problem goes deeper than achievement, for schools are contexts in which we develop self-understandings and identities that situate us as members of society. If students of color are systematically denied full participation in trusting conversations that create shared knowledge—especially, knowledge that holds power within the dominant culture—they are unjustly deprived resources to form flourishing selves that are suited to the positions of power and authority. The argument suggests that knowledge is not best understood simply as a commodity to be distributed, and opportunity is not just a matter of access. Moreover, even if access is granted, those who are motivated and talented can fail: they drain their willpower by coping with insults, or reasonably lose optimism about their efficacy. Over time, motivation may shift away from achievement, and under the circumstances this can be a rational response. The barriers to achievement are many, but true opportunity is impossible without trust and trustworthiness. (shrink)

The Oxford Handbook of Philosophy and Race provides up-to-date explanation and analyses by leading scholars of contemporary issues in African American philosophy and philosophy of race. These original essays encompass the major topics and approaches in this emerging philosophical subfield that supports demographic inclusion and diversity while at the same time strengthening the conceptual arsenal of social and political philosophy. Over the course of the volume's ten topic-based sections, ideas about race held by Locke, Hume, Kant, Hegel, and Nietzsche are (...) supplemented by suppressed thought from the African diaspora, early twentieth-century African American perspectives and Native-, Asian-, and Latin-, American views. The contributors bring philosophical analysis to bear on the status of racial divisions as categories of humanity in the biological sciences, as well as within contemporary criticism and conceptual analysis. Essays present the special applications of American philosophy and continental philosophy to ideas of race as methodological alternatives to more analytic approaches. As a collection of analyses and assessments of 'race' in the real world, the volume pays trenchant and relevant attention to historical and contemporary racism and what it means to say that 'race' and racial identities are socially constructed. The essays analyze contemporary social issues including the importance of racial difference and identity in education, public health, medicine, IQ and other standardized tests, and sports. Additionally, the essays consider the societal limitations and structures provided by public policy and law. As a critical theory, the volume compares the study of race to feminism. Historical and contemporary, academic and popular, racisms pertaining to male and female gender receive special consideration throughout the volume. While this comprehensive collection may have the effect of a textbook, each of the original essays is a fresh and authentic development of important present thought. (shrink)

In an effort to delineate a more plausible account of political change, this paper reads Pierre Bourdieu’s social theory as a corrective to exaggerated enthusiasm about the emancipatory force of reflection. This revised account valorizes both Bourdieu’s insights into the acquired, embodied, durable nature of the political habitus and judgment theorists’ trust in individuals’ reflection as a perpetual force of novelty and spontaneity in the public sphere of democratic societies. The main purpose of this exercise is to reveal the mix (...) of continuity and discontinuity that is characteristic of most transformations in the political common sense of democratic societies. In other words, this paper seeks to offer a more complex understanding of the inertial character of reflective judgment and of the difficulty of shifting the categories that define the political common sense. By cross-pollinating the ever-growing literature on reflective judgment and Bourdieu’s sombre theory of politics, we can better calibrate our expectations regarding the possibilities of significant democratic transformation in late capitalist societies. (shrink)

Some authors defending the “hereditarian” hypothesis with respect to differences in average IQ scores between populations have argued that the sorts of environmental variation hypothesized by some researchers rejecting the hereditarian position should leave discoverable statistical traces, namely changes in the overall variance of scores or in variance–covariance matrices relating scores to other variables. In this paper, I argue that the claims regarding the discoverability of such statistical signals are broadly mistaken—there is no good reason to suspect that the hypothesized (...) environmental causes would leave detectable traces of the sorts suggested. As there remains no way to gather evidence that would permit the direct refutation of the environmental hypotheses, and no direct evidence for the hereditarian position, it remains the case, I argue, that the hereditarian position is unsupported by current evidence. (shrink)

Despite growing evidence to the contrary, researchers continue to posit causal links between cannabis, crime, psychosis, and violence. These spurious connections are rooted in history and fueled decades of structural limitations that shaped how researchers studied cannabis. Until recently, research in this area was explicitly funded to link cannabis use and harm and ignore any potential benefits. Post-prohibition cannabis research has failed to replicate the dire findings of the past. This article outlines how the history of controlling cannabis research has (...) led to various harms, injustices, and ethical complications. We compare commonly cited research from both the prohibition and post-prohibition eras and argue that many popular claims about the dangers of cannabis are the result of ethical lapses by researchers, journals, and funders. We propose researchers in this area adopt a duty of care in cannabis research going forward. This would oblige individual researchers to establish robust research designs, employ careful analytic strategies, and acknowledge limitations in more detail. This duty involves the institutional recognition by funders, journals, and others that cannabis research has been deliberately misconstrued to criminalize, stigmatize, and pathologize. (shrink)

The conventional historiography of psychoanalysis in America offers few opportunities for the elaboration of anti-racist themes, and instead American ‘ego psychology’ has often been regarded as the most acute exemplar of ‘racist’ psychoanalysis. In this article, consistent with the historiographical turn Burnham first identified under the heading of ‘the New Freud Studies’, I distinguish between histories of psychoanalytic practitioners and histories of psychoanalytic ideas in order to open out an alternative angle of vision on the historiography. For psychoanalytic ideas were (...) in fact omnipresent within American culture at mid-century, and they played a fundamental role in the psychological reworking of race that unfolded in the work of social scientists, literary artists, and cultural critics in the 1940s and early Cold War years, culminating in the Brown v. Board of Education ruling of 1954, a major landmark in the civil rights narrative. By pursuing the implications of psychoanalysis in anti-racist struggles at mid-century, and with particular attention to Richard Wright and his autobiographical novel Black Boy, I move towards unearthing an alternative historical account of the intersection between psychoanalysis and race, which offers new ways for psychoanalysis and the history of the human sciences to think about this period. (shrink)

ABSTRACT This paper offers an account of institutional testimonial justice and describes one way that it breaks down, which we call institutional opacity. An institution is opaque when it becomes resistant to epistemic evaluation and understanding by its agents and users. When one cannot understand the inner workings of an institution, it becomes difficult to know how to comport oneself testimonially. We offer an account of an institutional ethos to explain what it means for an institution to be testimonially just; (...) we then describe how an ethos of institutional testimonial justice can break down when the institution becomes opaque. An opaque institution is especially problematic for individuals and groups already rendered epistemically vulnerable during their interactions with that institution, which we call epistemically vulnerabilised individuals. We articulate the features of an encounter between an epistemically vulnerabilised individual and an opaque institution. We end by tracing ameliorative strategies that could help repair a deteriorated institutional ethos of testimonial justice. (shrink)

Many supporters of open borders argue that restrictions on immigration are unjust in part because they undermine equal opportunity. Borders prevent the globally least-advantaged from pursuing desirable opportunities abroad, cementing arbitrary facts about birth and citizenship. In this paper I advance an argument from equal opportunity to global freedom of movement. In addition to preventing people from pursuing desirable opportunities, borders also create a prone, segregated population that can be dominated and exploited. Restrictions on mobility do not just trap people (...) in bad opportunity sets—they help create bad opportunities by isolating the negative externalities of production and foreign policy. Freedom of movement can play a vital role in spreading risks and burdens, incentivizing their mitigation. Using an analysis of feudalism, segregation, and the transnational economy, I illustrate the centrality of space and mobility, showing why freedom of movement is a necessary tool for preventing political and economic oppression. (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)

ABSTRACTThis symposium brings together normative and empirical scholars in dialogue on Brooke Ackerly’s innovative and compelling recent monograph, Just Responsibility. Contributors discuss the book’s distinctive grounded normative theory methodology, its arguments for how individuals can take appropriate responsibility for global structural injustices, and its potential for practical impact.

This article is about a beautiful book by a not so beautiful author, Forrest Carter’s The Education of Little Tree. I will first reflect on the usually fraught relationship of literature and morality. I then will give a flavor of the moral fiber of Carter’s novel and then turn to some darker undercurrents, examining whether they intersect with the value of the work, whether we need them to intersect, and whether they ultimately submerge any initial judgments of the book. The (...) core issue is how and whether to continue to teach such works as worthy and beautiful literature despite deeply disturbing facts about the authors of such works. Finally, as we often have personal connections to our favorite books, how should such connections factor in while choosing whether to teach such works even if now aware of their problematic legacies? (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)

Paul Gomberg ABSTRACT: In the United States the Civil Rights Movement emerging after World War II ended Jim Crow racism, with its legal segregation and stigmatization of black people. Yet black people, both in chattel slavery and under Jim Crow, had provided abundant labor subject to racist terror; they were workers who could be recruited...

The growing importance of the cryptocurrency phenomenon has raised concerns about the ethical implications of a hypothetical widespread use of these new forms of digital money. In this paper, we undertake an ethical assessment of cryptocurrencies drawing upon two specific ethical theories: private property ethics and utilitarianism. Particularly, we focus on three distinctive aspects. First, we examine the advantages and disadvantages of cryptocurrencies vis‐à‐vis central bank fiat money. Second, we analyze cryptocurrencies as facilitators of tax evasion and the ethical implications (...) arising therefrom. Finally, we explore the use of cryptocurrencies for nefarious consumption. We conclude that, were cryptocurrencies to become widespread media of exchange, governments capacity to undertake monetary, fiscal, and drug policy would be undermined. We argue that this would be an ethically desirable outcome from both a private‐property‐rights and a utilitarian perspective since it would force governments to reduce their size and scope in these three areas. (shrink)