One prominent criticism of luck egalitarianism is that it requires either shameful revelations or otherwise problematic declarations by the state toward those who have had bad brute luck. Relational egalitarianism, by contrast, is portrayed as an alternative that requires no such revelations or declarations. I argue that this is false. Relational equality requires the state to draft anti-discrimination laws for both state and private action. The ideal of relational egalitarianism requires these laws to be asymmetric, that is to allow affirmative (...) action for disadvantaged groups while prohibiting affirmative action for advantaged groups. Hence, the state needs to make a public declaration on which groups are privileged and which are underprivileged; and individuals need to reveal whether they belong to groups officially declared underprivileged. These declarations are no more problematic in this case than in the case of luck egalitarianism. (shrink)

One of the most insidious consequences of continuous exposure to gaslighting is that agents develop an expectation of further emotional manipulation. Repeated exposure to demeaning and humiliating behavior can make agents prone to interpret any epistemic challenge as a potential instance of gaslighting. Embedded in physiological and affective habits, this expectation become an integral way of interpreting social interactions and other people’s intentions. The concept of gaslighting was originally coined to alleviate a form of hermeneutic injustice, but some applications of (...) the concept paradoxically come to perpetuate exactly this kind of injustice. When agents perceive gaslighting in epistemically ambiguous situations, they foreclose the possibility of benefiting from productive forms of epistemic frictions. (shrink)

I defend the thesis that legal standards of proof are reducible to thresholds of probability. Many reject this thesis because it appears to permit finding defendants liable solely on the basis of statistical evidence. To the contrary, I argue – by combining Thomson's (1986) causal analysis of legal evidence with formal methods of causal inference – that legal standards of proof can be reduced to probabilities, but that deriving these probabilities involves more than just statistics.

I defend affirmative action on the ground that it increases certain people’s ability to exercise their basic liberties, rather than because it rectifies injustice in the narrow context of educational admission procedures. I present this justification using a Rawlsian contractualist framework to forge a “nonideal principle of justice.” Drawing on social science, I argue that this principle supports affirmative-action policies like those in the contemporary U.S., and blocks the objection that such policies are unfair. In closing, I show how my (...) account can be used to refine some features of contemporary affirmative-action policies, and I reflect more generally on the value of nonideal principles of justice for tackling exigent topics. (shrink)

The American justice system, from police departments to the courts, is increasingly turning to information technology for help identifying potential offenders, determining where, geographically, to allocate enforcement resources, assessing flight risk and the potential for recidivism amongst arrestees, and making other judgments about when, where, and how to manage crime. In particular, there is a focus on machine learning and other data analytics tools, which promise to accurately predict where crime will occur and who will perpetrate it. Activists and academics (...) have begun to raise critical questions about the use of these tools in policing contexts. In this chapter, I review the emerging critical literature on predictive policing and contribute to it by raising ethical questions about the use of predictive analytics tools to identify potential offenders. Drawing from work on the ethics of profiling, I argue that the much-lauded move from reactive to preemptive policing can mean wrongfully generalizing about individuals, making harmful assumptions about them, instrumentalizing them, and failing to respect them as full ethical persons. I suggest that these problems stem both from the nature of predictive policing tools and from the sociotechnical contexts in which they are implemented... (shrink)

Whereas using artificial intelligence (AI) to predict natural hazards is promising, applying a predictive policing algorithm (PPA) to predict human threats to others continues to be debated. Whereas PPAs were reported to be initially successful in Germany and Japan, the killing of Black Americans by police in the US has sparked a call to dismantle AI in law enforcement. However, although PPAs may statistically associate suspects with economically disadvantaged classes and ethnic minorities, the targeted groups they aim to protect are (...) often vulnerable populations as well (e.g., victims of human trafficking, kidnapping, domestic violence, or drug abuse). Thus, determining how to enhance the benefits of PPA while reducing bias through better management is important. In this paper, we propose a policy schema to address this issue. First, after clarifying relevant concepts, we examine major criticisms of PPAs and argue that some of them should be addressed. If banning AI or making it taboo is an unrealistic solution, we must learn from our errors to improve AI. We next identify additional challenges of PPAs and offer recommendations from a policy viewpoint. We conclude that the employment of PPAs should be merged into broader governance of the social safety net and audited publicly by parliament and civic society so that the unjust social structure that breeds bias can be revised. (shrink)

Over the last few years, an increasingly sophisticated literature devoted to normative questions arising out of the enforcement of immigration law had developed. In this essay, I consider what sorts of constraints considerations of justice and legitimacy may place on the enforcement of immigration law, even if we assume that states have significant discretion in setting their own immigration policies, and that open borders are not required by justice. I consider constraints placed on state or national governments, constraints on enforcement (...) by substate governments, and constraints on the actions of individuals. I show that there are significant limits on what states may do and what they may require substate governments and individuals to do, in enforcing their immigration laws, but that these constraints are not clearly incompatible with significant state discretion in setting immigration policy. Nonetheless, consideration of justice in enforcement is necessary for any complete normative account of immigration. (shrink)

Journal of Political Philosophy, EarlyView.

Many people want to live in liberal democracies because they are liberal and democratic. Yet it would be mistaken, indeed naive, to assume that this applies to all would-be residents. Just as some inhabitants of liberal democracies oppose one or more fundamental liberal-democratic values and principles, so there are foreign would-be residents who do so, who might include individuals with e.g. Jihadist, Neo-Nazi, and radical anarchist views. Proceeding on the assumption that there exists no unconditional moral right to immigrate, this (...) article asks whether it is ever morally permissible for liberal democracies to deny residence to nonnationals based on evidence that theypersonallyhold extremist views. I argue that this is sometimes the case. Specifically, my contention is that even if we adopt a cosmopolitan perspective on which states are not allowed to prioritise the interests of their own citizens and residents over those of foreign nonresidents, there are two conditions under which such exclusions are justified even when refugees are being refused admission. (shrink)

No statue raised in a public place should stand there indefinitely. Any such monument should have a set date when it is due to be replaced. I make three arguments to support this principle of non-permanence for public commemorative art. First, the opportunity cost of permanent statues is too high. States have a duty, grounded in their need for legitimacy, to support and cultivate democratic values. Public art is a powerful tool that is being drastically underemployed because existing statues are (...) already taking up so many prominent sites. Second, permanence undermines stability by unnecessarily raising the stakes of change and so exacerbating predictable tensions between social groups who ought to be able to respect one another as honourable civic partners. My proposal reduces the significance of replacing a monument by making removals a commonplace event. Third, we ought to do away with permanent statues as a means of increasing democratic control for both current and future generations over public spaces. Each generation inherits a more cluttered civic landscape which makes it progressively more difficult to shape it in accordance with their needs, preferences, and cultural vocabulary. Taken together, these arguments tip the balance of reasons decisively against the status quo. (shrink)

My focus is on how democratic states restrict, constrain and shape the movement of citizens and residents across their territory. My central claim is that a focus on equal relations between them, as relational egalitarians emphasize, can show where restrictions on movement are permissible or problematic. Over the course of the discussion, I offer many examples, as well as four cases in which I assess specific movement-related policies for whether they are violations of relational equality: exclusionary zoning, eminent domain, resettlement (...) of isolated communities and no-fly lists. These analyses are neither extensive nor exhaustive, but I hope they are sufficient to demonstrate that relational egalitarians should be concerned with whether citizens and residents can move freely and to indicate how a relational egalitarian can evaluate movement-related policies as to whether they support or undermine the ability of citizens and residents to interact as social equals. (shrink)

In more than 20% of countries, a single religion is recognized in the constitution. This article argues that there are good reasons for opposing such ‘mono-recognition’ as it fails to show due concern to members of constitutionally unrecognized religions. Yet rather than opting for disestablishment as Sweden did in 2000, I show that there may be a better alternative in many cases: To constitutionally recognize a variety of religions. After distinguishing synchronic forms of plural recognition whereby multiple religions are constitutionally (...) recognized simultaneously from diachronic forms whereby state religions are rotated, I defend the latter option. On this approach, a multi-religious state might have Catholicism as the state religion during the first part of the year, then Islam, then Judaism, and so on, whereby I argue that there ought to be differences in the amount of time that religions are recognized depending on differences in the strength of their claims to constitutional recognition. Besides being fairer than mono-recognition and synchronic plural recognition, I show that when some religious groups are marginalized, diachronic plural recognition has significant advantages over non-recognition of any religion as constitutionally recognizing these groups’ religions sends valuable signals that their members belong to society. (shrink)