I argue that given the persistent injustice present within the Prison Industrial Complex in the United States, many incarcerated individuals would be justified in attempting to escape and that these prison breaks may qualify as acts of civil disobedience. After an introduction in section one, section two offers a critique of the classical liberal conception of civil disobedience envisioned by John Rawls. Contrary to Rawls, I argue that acts of civil disobedience can involve both violence and evasion of punishment, both (...) of which are necessary components of prison breaks. In section three I outline the broad circumstances in which escape attempts would be justified, which are when individuals have either been incarcerated on unjust grounds (such as coercive plea bargains, draconian laws, or institutionalized discrimination) or when individuals are subject to inhumane conditions within prison (such as physical or sexual abuse, inadequate medical care, and overcrowding). Although this framework is formulated with the U.S. criminal justice system in mind, it is potentially applicable to other instances of incarceration if they’re similarly unjust such as prisons in other countries, migrant detention centers, or psychiatric wards. I then outline four requirements which must be met for these prison breaks to qualify as civil disobedience. First, escape must be attempted as a last resort. Second, violence and other law-breaking must be reasonable, meaning it is done with precision, discretion, and proportion. Third, escapees hold the burden of proving they have been subject to injustice. Fourth and finally, the act of escape must contain other key components of civil disobedience such as persuasion, communication, and publicity, which will most likely be accomplished via coordination with non-incarcerated individuals. In section four I address the distinction between prison reform and abolition. (shrink)

The informal logic movement began as an attempt to develop – and teach – an alternative logic which can account for the real life arguing that surrounds us in our daily lives – in newspapers and the popular media, political and social commentary, advertising, and interpersonal exchange. The movement was rooted in research and discussion in Canada and especially at the University of Windsor, and has become a branch of argumentation theory which intersects with related traditions and approaches (notably formal (...) logic, rhetoric and dialectics in the form of pragma-dialectics). In this volume, some of the best known contributors to the movement discuss their views and the reasoning and argument which is informal logic’s subject matter. Many themes and issues are explored in a way that will fuel the continued evolution of the field. Federico Puppo adds an insightful essay which considers the origins and development of informal logic and whether informal logicians are properly described as a “school” of thought. In considering that proposition, Puppo introduces readers to a diverse range of essays, some of them previously published, others written specifically for this volume. (shrink)

This paper is a historical, legal and philosophical analysis of the concept of human dignity in German and Kenyan constitutional law. We base our analysis on decisions of the Federal Constitutional Court of Germany, in particular its take on life imprisonment and its 2006 decision concerning the shooting of hijacked airplanes, and on a close reading of the Constitution of Kenya. We also present a dialogue between us in which we offer some critical remarks on the concept of human dignity (...) in the two constitutions, each one of us from his own philosophical perspective. (shrink)

While philosophers usually agree that there is room for civil disobedience in democratic societies, they disagree as to the proper justification and role of civil disobedience. The field has so far been divided into two camps—the liberal approach on the one hand, which associates the justification and role of civil disobedience with the good of justice, and the democratic approach on the other, which connects them with the value and good of democracy. William Smith’s Civil Disobedience and Deliberative Democracy offers (...) a ‘deliberative’ theory, which constitutes an attractive synthesis of the two camps as it conceives of civil disobedience as a guardian of both justice and deliberative democracy. In this review essay, I first revisit the ‘problem’ of civil disobedience, examining in particular the two pillars of the case against civil disobedience as Smith depicts it, namely, the prohibition on legal disobedience established by the moral duty to comply, and the notion that civil disobedience strains the bonds of civic friendship. I suggest, contra, that the duty to comply as Smith defends it fails to be comprehensive because it is tightly bound to deliberative democratic procedures, which are involved in the making of only a portion of authoritative decisions; and, contra, that civil disobedience does not strain, but instead invigorates, civic friendship. Second, I entertain the possibility that citizens have a moral duty, not a mere right, to resist injustice. I show that Smith’s theory, in particular his account of the moral duty to comply, provides the resources to defend a general duty to resist injustice which, depending on the circumstances, can demand protesting the law or frustrating injustice. Third, I contend that Smith’s conception of the different contexts of injustice—he identifies three main ones—should be expanded to include what I call ‘official disrespect’ and ‘deliberative ignorance’. I argue that each context offers reasons to disobey the law but not necessarily in the civil manner determined by Smith. (shrink)

This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.

Simone Weil wrote that, “We do not have to understand new things, but by dint of patience, effort and method to come to understand with our whole self the truths which are evident.” This is reminiscent of the suggestion in Plato’s Meno that knowledge is recollection. Although most of us would not take Plato at his word, we might charitably read him and Weil as suggesting that the solution to some problems depends not upon learning something new, but rather in (...) understanding how to apply what we have already learned, in knowing how to look at the problem in the right way, or how to ask the right question, so that the solution—the answer, the right course of action—becomes clear. Knowing how to apply ourselves, our skills, and our experiences, is what it means to have practical wisdom. It is traditionally assumed that the virtuous person is also the practically wise person, that there is no human virtue without such wisdom. Although this view that practical wisdom is internal to the virtues has been challenged on various grounds, here I will travel close to the traditional conception while also convinced that what I offer here identifies an important relationship between patience and practical wisdom regardless of whether we construe virtues in an Aristotelian fashion or otherwise. (shrink)

"Ethical Explorations: Moral Dilemmas in a Universe of Possibilities" by Brendan Shea is an open access textbook that provides a comprehensive study of ethical philosophy. Shea makes it his task to chart the sprawling landscape of moral thought from ancient times to the present, employing a straightforward, easily accessible style. -/- In the book, each chapter addresses a distinct ethical theory. Shea discusses everything from Plato's allegorical Cave to contemporary issues in bioethics. The text features relatable narratives, clear explanations of (...) core concepts, thought-provoking questions, and handy glossaries to help readers grasp the subject matter. -/- Among the topics, you'll find the principles of utilitarianism through the adventures of a princess, an exploration of duty via a story about a golem, and a look at natural law theory through an engaging science-fiction tale. Contemporary themes also make an appearance, including discussions on Marxism, Nietzsche's radical ideas, Simone de Beauvoir's intersection of feminism and existentialism, and racial theories from W.E.B. Du Bois and Martin Luther King. -/- As an open access (CC-BY) textbook, "Ethical Explorations" is freely available to everyone, making the study of moral philosophy accessible to all. It's a tool that gives its readers the means to wrestle with ethical questions in an ever-changing world. (shrink)

There is a curious phenomenon where people from marginalized populations are taken to be arrogant when they show no signs of superiority. In effect, their actions are misconstrued, and their attitudes are rendered unintelligible. Given that arrogance is standardly taken to be a flaw in one’s moral character, understanding such misattributions should give us insight into the affective marginalization many people face. This talk aims to give a thorough exploration of arrogance under oppression. I argue that arrogance is a kind (...) of self-preoccupation that involves projecting one’s values, goals, and concerns onto others as if they were objective values, goals, and concerns. When the affectively marginalized communicate their self-respect through things like protest, people mistake that self-respect as self-preoccupation given how the affectively marginalized are constructed. Furthermore, given how affective marginalization not only inhibits how the marginalized are understood by others, but inhibits their own affective lives, I argue that taking up an arrogant attitude is not always morally vicious, but can be a beautiful form of political resistance but all things considered good. (shrink)

Many of the moral and political disputes that loom large today involve claims (1) in the register of respect and offense that are (2) linked to membership in a subordinated social group and (3) occasioned by symbolic or expressive items or acts. This essay seeks to clarify the nature, stakes, and characteristic challenges of these recurring, but often disorienting, conflicts. Drawing on a body of philosophical work elaborating the moral function of etiquette, I first argue that the claims at issue (...) implicate a communicative apparatus of the same basic kind—a system that I term the “etiquette of equality.” That regime, I suggest, can serve a kindred function of facilitating the expression of morally appropriate attitudes. I also argue, however, that the etiquette of equality exhibits three problematic features that counsel ambivalence about its mounting significance: (1) the costly overdetermination of relevant signals; (2) a recursive tendency toward inflation in respect’s demands; and (3) a related set of incentives for testing, and then affirming, a group’s status through the assertion and symbolic remediation of dignitary harm. The upshot is a better understanding of the trade-offs and predicaments we face in a vital area of public life. (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 explores the philosophical underpinnings and implications of the idea of the public in the US state processes of knowledge production and control. In it we take up questions of public and counterpublic political philosophical knowledge production and mediation in relation to an expanding state. Specifically, we examine the political philosophies of racialized counterpublics since the 1960s, considering the particular knowledge production genre of the political prison letter. We suggest that the philosophical principles of the dominant public in the (...) US have a proclivity to merge with state mechanisms of domination and to thwart counterpublics and their modes of political knowledge production. (shrink)

Are demands for equality motivated by envy? Nietzsche, Freud, Hayek, and Nozick all thought so. Call this the Envy Objection. For egalitarians, the Envy Objection is meant to sting. Many egalitarians have tried to evade the Envy Objection.. But should egalitarians be worried about envy? In this paper, I argue that egalitarians should stop worrying and learn to love envy. I argue that the persistent unwillingness to embrace the Envy Objection is rooted in a common misunderstanding of the nature of (...) the charge, what it reveals, and what can be said in response to it. I develop what Bernard Williams might call a vindicatory genealogy of envy, thereby allowing us to see that envy, rather than undermining egalitarian intuitions, can in fact play a distinct justificatory role (when it is fitting), which undermines the Envy Objection. (shrink)

This essay describes a visionary philosophy of education at Morehouse College. The educational process at Morehouse, construed here as a form of pedagogical personalism, is personified in three luminaries of Morehouse College: Benjamin Elijah Mays, Howard Washington Thurman, and Martin Luther King. The educational process at Morehouse should be interpreted as an ambivalent response to segregation and discrimination in Jim Crow America. Like all black institutions in the South, Morehouse was subject to racist constraints; Morehouse was created and existed in (...) large part due to just such constraints. I attempt to more accurately describe in order to more sensitively appreciate not only how historically black colleges and universities helped to shape the spiritual or intellectual blueprint of the civil rights movement but also how they served—and continue to serve—as ongoing experiments in democratic education. By way of conclusion, I suggest that the pedagogical personalism espoused and practiced at Morehouse College during what has been called her golden age, i.e., 1940–1967, constitutes a significant contribution to the history of higher education in America. (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.