The article joins the current debate between epistemic and procedural democrats in contemporary democratic theory and aims to put epistemic democracy on a more secure footing. Yet, unlike those who...

The present paper looks at the intersection of juridical and biopower in the U.S. Supreme Court’s school desegregation cases. These cases generally deploy “equitable relief” as a relay between the juridicially-specified injury of segregation and the biopolitical mandates of integration, allowing broad-based biopolitical remedies for juridically identified problems. This strategy enabled the Courts to negotiate between these forms of power. The analysis here thus suggests the continued relevance of juridical power, and also the limits of Foucault’s own analysis, which suggested (...) that biopower tended to fully colonize juridical power by way of norms. (shrink)

Thurgood Marshall (1908?1993) profoundly shaped the direction and success of the American civil rights struggle. Joining the staff of the National Association for the Advancement of Colored People (NAACP) in 1936, he headed its Legal Defense and Educational Fund from 1939 until 1961, subsequently becoming a federal appeals court judge, Solicitor General, and Justice of the US Supreme Court. Marshall was more an egalitarian integrationist than a pluralist and deployed the law in pursuit of this moral objective. Although tolerant of (...) the Communist Party in the 1930s and 1940s, he supported anti?communism in the 1950s as a means of gaining significant support for black civil rights from the federal government. On the Supreme Court, Marshall sought to extend equality not only to African Americans but also to women, gays and the poor. Flexible and pragmatic, Marshall viewed the law as a means to an end, and the relevant end, or ideal, for him was liberal equality. (shrink)

This essay revisits the drafting of the first UNESCO Statement on Race in order to reorient historical understandings of mid-twentieth-century anti-racism and science. Historians of science have primarily interpreted the UNESCO statements as an oppositional project led by anti-racist scientists from the North Atlantic and concerned with dismantling racial typologies, replacing them with population-based conceptions of human variation. Instead of focusing on what anti-racist scientists opposed, this article highlights the futures they imagined and the applied social-science projects that anti-racist science (...) drew from and facilitated. The scientific experts who participated in drafting the first UNESCO Statement on Race played important roles in late colonial, post-colonial and international projects designed to modernize, assimilate and improve so-called backward communities – typically indigenous or Afro-descendent groups in the global South. Such connections between anti-racist science and the developmental imaginaries of the late colonial period indicate that the transition from fixed racial typologies to sociocultural and psychological conceptualizations of human diversity legitimated the flourishing of modernization discourses in the Cold War era. In this transition to an economic-development paradigm, ‘race’ did not vanish so much as fragment into a series of finely tuned and ostensibly anti-racist conceptions that offered a moral incentive for scientific elites to intervene in the ways of life of those deemed primitive. (shrink)

Shifts in the national cultural identity of the US have been reflected in shifts in the US’ dominant constitutional narratives. For the United States, “inter-legality” has been less a matter of dealing with alternative non-state legal narratives than of contending with constantly arising and competing narratives about the “correct” nature of the “official” legal order of the state. The US Supreme Court has claimed to have the “last word” in resolving these arguments but because that Court is so often sharply (...) divided and because the Court membership and the nature of its “last words” changes so often, where a significant element of the society seeks to advance its ideas and interests, it will often do so in legal and constitutional terms. As the national culture undergoes changes, a competing constitutional narrative may gain ground and even ultimately prevail, at least for a time, and achieve Supreme Court “endorsement” for its claims. (shrink)