Despite the growing attention to oppression and resistance in social and political philosophy as well as ethics, philosophers continue to struggle to describe and appropriately attribute agency under non-ideal circumstances of oppression and structural injustice. This chapter identifies some features of new accounts of non-ideal agency and then examines a particular problem for such theories, what Serene Khader has called the agency dilemma. Under the agency dilemma, attempts to articulate the agency of subjects living under oppression must on the one (...) hand avoid overemphasizing constraints on agency, and thereby producing paternalistic theories that “deny agency” for oppressed subjects, and on the other hand avoid failing to fully appreciate the effects of oppression on agency, thereby missing crucial features of how oppression unjustly shapes a person’s lived possibilities. This chapter traces this dilemma to a preoccupation with ascribing agency, which produces problematic descriptive and political effects for theorizing agency under oppression: what the author calls an asymmetry problem and a disenfranchisement problem. Finally, the chapter proposes that the agency dilemma might be ameliorated if theorists scrutinize more closely how moral, epistemic, and political agency interact and overlap in life under oppression. (shrink)

Most business ethicists maintain that corporate actors are subject to a variety of moral obligations. However, there is a persistent and underappreciated concern that the competitive pressures of the market somehow provide corporate actors with a far-reaching excuse from meeting these obligations. Here, we assess this concern. Blending resources from the history of philosophy and strategic management, we demonstrate the assumptions required for and limits of this excuse. Applying the idea of ‘the state of nature’ from Thomas Hobbes, we suggest (...) that corporate actors would be excused from duties if complying with them threatened their vital interests. We show how this excuse is not available for most individuals within firms; instead, it is an excuse perhaps available to firms themselves, but only given substantive assumptions about corporate personhood. For those willing to make these assumptions, we apply the competitive advantage construct to delimit the scope of this excuse. We suggest that firms are excused from fulfilling an obligation when complying leads to a competitive disadvantage, as this imperils the firm’s vital interests. After revealing why this excuse does not generalize, we conclude by considering when we should reform the market to avoid the legitimacy of this excuse. (shrink)

What justifies political power? Most philosophers argue that consent or democracy are important, in other words, it matters how power is exercised. But this book argues that outcomes primarily matter to justifying power.

Criminal justice systems have traditionally relied heavily on human decision-making, but new technologies are increasingly supplementing the human role in this sector. This paper considers what general limits need to be placed on the use of algorithms in sentencing decisions. It argues that, even once we can build algorithms that equal human decision-making capacities, strict constraints need to be placed on how they are designed and developed. The act of condemnation is a valuable element of criminal sentencing, and using algorithms (...) in sentencing – even in an advisory role – threatens to undermine this value. The paper argues that a principle of “meaningful public control” should be met in all sentencing decisions if they are to retain their condemnatory status. This principle requires that agents who have standing to act on behalf of the wider political community retain moral responsibility for all sentencing decisions. While this principle does not rule out the use of algorithms, it does require limits on how they are constructed. (shrink)

One of standpoint theory’s main claims is the thesis of epistemic advantage, which holds that marginalized agents have epistemic advantages due to their social disadvantage as marginalized. The epistemic advantage thesis has been argued to be true with respect to knowledge about particular dominant ideologies like classism and sexism, as well as knowledge within fields as diverse as sociology and economics. However, it has yet to be analyzed with respect to ethics. This paper sets out to complete this task. Here, (...) I argue that we have good reason to believe that the marginalized are epistemically advantaged with respect to moral knowledge overall, including moral facts other than those about the morally problematic features of systems of domination. To do so, I first articulate the connection between marginalization and the moral domain, drawing on the rich history of feminist and non-ideal ethics. Then, I argue that marginalized agents are more likely to have several particular epistemic skills that are necessary to come to have moral knowledge. Utilizing real-world cases where moral knowledge is at stake, I show how marginalized agents have better access to evidence (broadly), as well as advantages distinguishing between considerations that are morally relevant and those that aren’t (sorting), determining the weight a certain piece of evidence has with respect to determining a moral matter (significance), and using concepts which bear on moral questions (conceptual competency). I close by considering the upshots my analysis here has for other areas of moral epistemology like moral testimony and moral expertise. (shrink)

There is lively debate on the question if states have legitimate authority to enforce the exclusion of (would-be) immigrants. Against common belief, I argue that even non- cosmopolitan liberals have strong reason to be sceptical of much contemporary border authority. To do so, I first establish that for liberals, broadly defined, a state can only hold legitimate authority over persons whose moral equality it is not engaged in undermining. I then reconstruct empirical cases from the sphere of international relations in (...) which what I call ‘colonial norms’ continue to play significant structuring roles. I argue that it is sometimes only by unveiling these colonial norms and the roles they play that we can understand how some states today culpably contribute to undermining the moral equality of persons over whom they will come to claim immigration-related authority. I thus contend that paying attention to colonial norms distinctly enables us to reveal a set of instances in which all liberals should agree that states forfeit legitimate authority over would-be immigrants. (shrink)

Police killings of individuals with mental illness have prompted calls for greater funding of mental health services to shift responsibilities away from the police. Such investments can reduce police interactions with vulnerable populations but are unlikely to eliminate them entirely, particularly in cases where individuals with mental illness have a weapon or are otherwise dangerous. It remains a pressing question, then, how police should respond to these and other vulnerable aggressors with diminished culpability (VADCs). This article considers and ultimately rejects (...) three potential approaches from the ethics of defensive force literature. It looks to improve on them by developing what I call the fusion account, which explains how vulnerability and diminished culpability fit together to provide moral grounds for extra protections from deadly force. The article’s final sections explore the policy implications of the fusion account for police administrators, officers, and the law. (shrink)

Hunger strikes are commonly repressed in prison and seen as disruptive, coercive, and violent. Hunger strikers and their advocates insist that incarcerated persons have a right to hunger strike, which protects them against repression and force-feeding. Physicians and medical ethicists generally ground this right in the right to refuse medical treatment; lawyers and legal scholars derive it from incarcerated persons’ free speech rights. Neither account adequately grounds the right to hunger strike because both misrepresent the hunger strike as noncoercive and (...) nonviolent. I articulate an alternative, dual account of the right to hunger strike. On the remedial argument, the right to hunger strike should be legally protected as a right to petition for redress, in light of incarcerated people’s structural vulnerability to abuse and given inadequate grievance mechanisms. The constructive argument derives the right to hunger strike from the right to resist oppression and stresses the normative permissibility of the use of coercive tactics to defend one’s liberty interests in the face of carceral oppression. -/- . (shrink)

It is sometimes argued that ideal theories in political philosophy are a form of ideology. This article examines arguments building on the work of Charles Mills and Raymond Geuss for the claim that ideal theories are cognitively distorting belief systems that have the effect of stabilizing unjust social arrangements. I argue that Mills and Geuss neither succeed in establishing that the content of ideal theories is necessarily cognitively defective in the way characteristic for ideologies, nor can they make plausible which (...) mechanisms ensure the alleged negative effects of the widespread acceptance of ideal theorizing. This does not mean that all hope is lost for the ideology objection, however. By turning to a second Marxian model of ideology, I argue that the ideological character of ideal theories is not so much a matter of their content, but rather of their form. Ideal theories falsely present the normative concepts that they use as semantically practice-independent and thereby block potential challenges from subordinate groups to dominant ideologies. It is therefore not the normative content of ideal theories which proves to be objectionable, but the particular role their concepts play in wider political discourse. (shrink)

D. C. Matthew argues that although integration offers blacks social and economic benefits, it also creates the conditions for phenotypic devaluation that leads to harm against black self-worth and servile behavior. Therefore, he advises against integration because the resulting self-worth harms outweigh the benefits of integration. I argue that Matthew’s cost-benefit calculation against integration lacks the requisite evidence, and amounts to a luxury belief that will result in more harm. Moreover, his interpretation of behavior — which he construes as being (...) indicative of a lack of self-worth — is unfounded. Further, his cost-benefit calculation results in socially reactionary sexual policing and ideological purity tests. (shrink)

Soda taxes are controversial. While proponents point to their potential health benefits and the public projects that could be funded with their revenue, critics argue that they are paternalistic and regressive. In this paper, we explore the prospects for designing a just soda tax, one that appropriately balances the often-competing ethical considerations of promoting social welfare, respecting people’s autonomy, and ensuring distributive fairness. We argue that policymakers have several paths forward for designing a just soda tax, but that the considerations (...) relevant to ethical policy design are more complicated than is sometimes acknowledged. (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 article argues that blacks should reject integration on self-protective and solidarity grounds. It distinguishes two aspects of black devaluation: a ‘stigmatization’ aspect that has to do with the fact that blacks are subject to various forms of discrimination, and an aesthetic aspect (‘phenotypic devaluation’) that concerns the aesthetic devaluation of characteristically black phenotypic traits. It identifies four self-worth harms that integration may inflict, and suggests that these may outweigh the benefits of integration. Further, it argues that, while the integrating (...) process may reduce stigmatization, there is less reason to think that it can do the same for phenotypic devaluation. (shrink)

Strategies for tackling educational inequality take many forms, though perhaps the argument most often invoked is school integration. Yet whatever the promise of integration may be, its realization continues to be hobbled by numerous difficulties. In this paper we examine what many of these difficulties are. Yet in contrast to how many empirical researchers frame these issues, we argue that while educational success in majority-minority schools will depend on a variety of material and non-material resources, the presence of these resources (...) does not require school integration; indeed sometimes the most crucial resources are easier to foster in its absence. To that end, we briefly canvass the evidence from the United States on high performing majority-minority schools serving poor and minority students. Yet because these debates are so contentious in the American context, we pivot away from the U.S. to consider a different country, the Netherlands. We invite the reader to consider an analogous case where racial injustice and educational inequality are just as serious, yet where differences in the state school system might prove instructive concerning how some majority-minority schools choose to respond to existing segregation, but more importantly how educational success can occur in the absence of integration. (shrink)

Journal of Social Philosophy, EarlyView.

Alienation has been recently revived as a central theme in critical theory. Current debates, however, tend to focus on normative rather than on explanatory issues. In this paper, I confront the latter and advance an account of alienation that bears on the mechanisms that bring it about in order to locate alienation as a distinctive social and psychological fact. In particular, I argue that alienation can be explained as a disruption induced by social factors in the sense of mental ownership (...) that comes with the first personal awareness of being a subject of attitudes, emotions, and actions, and outline how social factors can play a structuring causal role in the process that brings it about. In the first section, I introduce the theme and explain why it is important to focus on the mechanisms that underlie alienation. In the second section, I maintain that understanding how alienation works is crucial to make sense of false consciousness. In the third section, I consider the relevance of mental ownership to explaining alienation and discuss existing evidence about whether and how it can fail. In the final section, I argue that disturbances in the simulation routines that support social cognition might underpin alienation, and outline how social factors might play a structuring causal role in this connection. (shrink)

Instead of thinking of ‘public order’ as the type of power that police deploy to manage disorder, this article suggests that we understand it as a set of background affects. The problem of analysing these affects is that (aside from moments of unrest) the majority of the populace is anaesthetised to them. Most people take the public feelings of calm predictability for granted. Crucially, however, the everyday management of public order does not anaesthetise everyone. It also produces ‘suspect populations’, who (...) must remain attentive to its low background hum. This article focuses on the US ‘colony within’ literature, developed by civil rights and black nationalist traditions from the late 1960s. The article suggests that this internal colony analysis contains a nuanced exploration of the spatialised affects of public order; the clouds of suspicion; the atmospheres of tension; and the police encounters that generate an affective substrate of relations. (shrink)

Social movements like BLM and Rhodes Must Fall have recently re-emphasized the need for “working through” our collective past. I argue that we must be careful to distinguish two distinct and sometimes conflicting understandings of what it means to work through the past. An “idealist” understanding which sees “working through” as a process of self-enlightenment and moral learning through uncovering and acknowledging past moral failures and incorporating them into our collective self-image. The “materialist paradigm”, in contrast, understands “working through” as (...) a process of uncovering the ways in which the structural causes of past moral catastrophe have endured into the present. It rejects idealist calls for reconciliation with the past and present and aims at the negative goal of preventing future moral catastrophe through changing tainted social structures. I argue, finally, that effective processes of working through the past have to engage in both idealist myth-building and materialist deconstruction. (shrink)

This paper argues that the concept and role of ‘institutional racism’ in contemporary discussions of race should be reconsidered. It starts by distinguishing between ‘intrinsic institutional racism’, which holds that institutions are racist in virtue of their constitutive features, and ‘extrinsic institutional racism’, which holds that institutions are racist in virtue of their negative effects. It accepts intrinsic institutional racism, but argues that a ‘disparate impact’ conception of extrinsic conception faces a number of objections, the most serious being that it (...) has no plausible account of what it is that makes extrinsically racist institutions racist. It also argues that claims about the explanatory indispensability of institutional racism are overstated (individual racism is at least as important), critiques structural approaches to racial inequality, and suggests that there is reason to doubt whether institutional reform can provide us with all that morality may require in the racial domain. (shrink)

We should conceive of illegal covert animal rescue as acts of “subrevolution” rather than as civil disobedience. Subrevolutions are revolutions that aim to overthrow some part of the government rather than the entire government. This framework better captures the relevant values than the opposing suggestion that we treat illegal covert animal rescue as civil disobedience. If animals have rights like the right not to be unjustly imprisoned and mistreated, then it does not make sense that an instance of animal rescue (...) will be justifiable only if it meets criteria for justified civil disobedience, e.g., the requirement that the civil disobedient not rescue more animals than would be necessary to communicate their message. Thus, the framework of subrevolution is a more apt way to analyze animal rescue. (shrink)

The idea of empowerment has gained a significant role in the discourse of poverty. I outline a restricted conception of empowerment inspired by Kant’s idea of rightful honour. According to this conception, empowerment consists in enabling individuals to assert their own human rights (juridical empowerment). I apply this conception to impoverished persons and argue that it is crucial to their self-respect, their so-called ‘power-[from-]within,’ and their political agency, and has a teleological primacy regarding our efforts to reduce poverty. I also (...) defend the idea that there is a moral right to this form of empowerment and a corresponding duty to empower the impoverished as rights-asserters. Juridical empowerment will be compatible with a pluralism of substantive accounts of the moral wrongs of poverty and with broader conceptions of empowerment. (shrink)

I defend impact-based accounts of institutional racism against the criticism that they are over-inclusive. If having a negative impact on non-whites suffices to make an institution racist, too many institutions (including institutions whose affirmative action policies inadvertently harm its intended beneficiaries) would count as racist. To address this challenge, I consider a further necessary condition for these institutions to count as racist—they must stand in a particular relation to racist ideology. I argue that, on the impact-based model, institutions are racist (...) if they have a negative racial impact AND this impact is legitimized by racist ideology. Racist ideologies limit social criticism of and collective action against institutions that have a negative racial impact, and in so doing, lend stability to systems of racial domination. (shrink)

According to a prominent argument, citizens in unjust societies have a duty to resist injustice. The moral and political principles that ground the duty to obey the law in just or nearly just conditions, also ground the duty to resist in unjust conditions. This argument is often applied to a variety of unjust conditions. In this essay, I critically examine this argument, focusing on conditions involving institutionally entrenched and socially normalised injustice. In such conditions, the issue of citizens’ duties to (...) resist is complicated. I conclude by considering how my discussions may clarify a contemporary problem about engaging in resistance to aid potential migrants who have been turned away by states in accordance with widely accepted rules. (shrink)

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)

Philosophical Issues, Volume 31, Issue 1, Page 210-226, October 2021.

In this paper, I identify a theoretical and political role for ‘white ignorance’, present three alternative accounts of white ignorance, and assess how well each fulfils this role. On the Willful Ignorance View, white ignorance refers to white individuals’ willful ignorance about racial injustice. On the Cognitivist View, white ignorance refers to ignorance resulting from social practices that distribute faulty cognitive resources. On the Structuralist View, white ignorance refers to ignorance that results as part of a social process that systematically (...) gives rise to racial injustice, and is an active player in the process. I argue that, because of its greater power and flexibility, the Structuralist View better explains the patterns of ignorance that we observe, better illuminates the connection to white racial domination, and is overall better suited to the project of ameliorating racial injustice. As such, the Structuralist View should be preferred. (shrink)

Drawing on work in the Philosophy of Race, this chapter argues that the existence of races in heaven is either incompatible or only questionably compatible with the mainstream Christian view of the afterlife. However, it also argues that there is a phenomenon adjacent and related to race that can exist in the afterlife, namely racial identity. If one thinks of racial identity as a kind of practical identity, it turns out that racial identity is primarily psychological. Thus, its existence in (...) heaven is compatible with the mainstream Christian view that people with some semblance of human psychology continue on after death. Furthermore, the chapter offers reasons to think that we will need racial identities in the afterlife to facilitate forgiveness and reconciliation. Finally, it suggests that preserving racial identities from this life to the next is, on balance, preferable. (shrink)

In the past decade, research on the dark triad of personality (Machiavellianism, narcissism, and psychopathy) has demonstrated a strong relationship to a number of socially aversive moral judgments such as sacrificial utilitarian decisions in moral dilemmas. This study widens the scope of this research program and investigates the association between dark triad personality traits and anti-natalist views, i.e., views holding that procreation is morally wrong. The results of this study indicate that the dark triad personality traits of Machiavellianism and psychopathy (...) are strongly associated with anti-natalist views. Further, depression is found to be both standing independently in a relationship with anti-natalist views as well as functioning as a mediator in the relationships between Machiavellianism/psychopathy and anti-natalist views. This pattern was replicated in a follow-up study. These findings add to the literature on dark triad personality traits and their relationship to moral judgments, suggesting that personality and mood play a substantive part in variation in anti-natalist views in a lay population. (shrink)

Anti-natalism is the view that persons ought morally to refrain from procreation. We offer a new argument for a principled version of anti-natalism according to which it is always impermissible to procreate in the actual world since doing so will violate the right to physical security of future, created persons once those persons exist and have the right. First, we argue that procreators can be responsible for non-trivial harms that befall future persons even if they do not cause them and (...) if the harms are temporally delayed, provided the harms are reasonably foreseeable by procreators. For example, consider a case in which we can create a person in a room that is dangerously aflame. It would be wrong to do so since, once the person exists, they have a right that we avoid being morally responsible for unjust harms to them, and the fire in which we created them is one such unjust harm. Second, we argue that procreators are responsible for unjust harms that befall their children, since many non-trivial physical harms (e.g. broken bones, lower respiratory illnesses) are reasonably foreseeable by procreators. Thus, parents wrong their children by creating them. Third, we argue that procreators are also responsible for the unjust harms their children commit against others, since it is reasonably foreseeable that every person will inflict unjust, non-trivial physical harms on someone else. But this is worse since parents thereby share in their child’s future culpable intent. Finally, we consider a number of objections to anti-natalism and argue that none of them succeed against anti-natalism generally or against our argument grounded in the right to physical security. (shrink)

Why does institutional police brutality continue so brazenly? Criminologists and other social scientists typically theorize about the causes of such violence, but less attention is given to normative questions regarding the demands of justice. Some philosophers have taken a teleological approach, arguing that social institutions such as the police exist to realize collective ends and goods based upon the idea of collective moral responsibility. Others have approached normative questions in policing from a more explicit social-contract perspective, suggesting that legitimacy is (...) derived by adhering to (limited) authority. This article examines methodologies within political philosophy for analyzing police injustice. The methodological inquiry leads to an account of how justice constrains the police through both special (or positional) moral requirements that officers assume voluntarily, as well as general moral requirements in virtue of a polity’s commitment to moral, political and legal values beyond law enforcement and crime reduction. The upshot is a conception of a police role that is constrained by justice from multiple foundational stances. (shrink)

Kant infamously opposes not only revolution but also any resistance or disobedience by citizens that aims to compel states to reform themselves. This paper argues that, in fact, the Kantian account of the legitimate state has the resources for a distinctive justification of principled disobedience, including even violent or destructive resistance, that applies to citizens of contemporary Western democracies. When a state fails to enforce the law equally, this lack of equal enforcement can deprive some citizens of the equal assurance (...) of the security of their rights that, on the Kantian account, forms part of the very basis of the state’s claim of legitimate authority. This failure of equal enforcement of the law will thus be a defect of legitimacy and, as a result, those citizens may engage not only in civil disobedience but also in uncivil disobedience, even violent or destructive resistance, in order to compel the state to reform itself. In this context, such disobedience or resistance will count as furthering rather than undermining the project of governance by legitimate law. (shrink)

In this essay I develop W.E.B. Du Bois’s concept of double consciousness to demonstrate the limitations of Kant’s and Rawls’s models of self-respect. I argue that neither Kant nor Rawls can explain what self-respect and resistance to oppression warrants under the conditions of violent and systematic racial exclusion. I defend Du Bois’s proposal of voluntary black self-segregation during the Jim Crow era and explain why Du Bois believes that the black American community has a moral right to assert its self-respect (...) by mitigating exposure to racial violence and animus in a white-controlled polity. (shrink)

In this paper, I identify a theoretical and political role for ‘white ignorance’, present three alternative accounts of white ignorance, and assess how well each fulfils this role. On the Willful Ignorance View, white ignorance refers to white individuals’ willful ignorance about racial injustice. On the Cognitivist View, white ignorance refers to ignorance resulting from social practices that distribute faulty cognitive resources. On the Structuralist View, white ignorance refers to ignorance that (1) results as part of a social process that (...) systematically gives rise to racial injustice, and (2) is an active player in the process. I argue that, because of its greater power and flexibility, the Structuralist View better explains the patterns of ignorance that we observe, better illuminates the connection to white racial domination, and is overall better suited to the project of ameliorating racial injustice. As such, the Structuralist View should be preferred. (shrink)

Journal of Social Philosophy, EarlyView.

Ideology is commonly defined along functional, epistemic, and genetic dimensions. This article advances a reasonably unified account that specifies how they connect and locates the mechanisms at work. I frame the account along a recent distinction between anchoring and grounding, endorse an etiological reading of functional explanations, and draw on current work about the epistemology of delusion, looping effects, and structuring causes to explain how ideologies originate, reproduce, and possibly collapse. This eventually allows articulating how the legitimating function of ideologies (...) relates to the constitutive and causal role they play when embedded into the facts they are originally designed to anchor. (shrink)

In this paper we examine the role the Dutch gymnasium continues to play in the institutional maintenance of educational inequality. To that end we examine the relational and spatial features of state-sponsored elite education in the Dutch system: the unique identity the gymnasium seeks to cultivate; its value to its consumers; its geographic significance; and its market position amidst a growing array of other selective forms of schooling. We argue that there is a strong correlation between a higher social class (...) background and the concern to transmit one’s cultural habitus. We further speculate on the moral implications of state-sponsored elite education, both as it concerns the specific role of the gymnasium in the reproduction of social inequality as well as the curious tendency among its supporters to rationalise the necessity of its existence. (shrink)

When addressing the burdens borne by victims of police wrongdoing, we often overlook moral harms in focusing on the physical and psychological harms that they suffer. These moral harms undermine the moral status of the victim, her ability to consistently pursue the values she endorses, and her character. Victimhood is a morally significant social role. Victimhood imposes normative standards that measure the moral or political status of victim. Conforming to these standards affects our assessment of the conduct of the victim (...) and her moral standing. Considering the victims’ role provides important insights into contemporary practices of policing in the United States. The physical and verbal acts of the police often force race-based degradation upon racially subordinated groups. There is often no morally good way out of racially discriminatory encounters when the choice is to degrade oneself or suffer violence or even death. Worse, how we respond to the threat of police violence morally undermines our relationships with those we would keep safe from police violence. (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)

This paper attempts to explain what a protest is by using the resources of speech-act theory. First, we distinguish the object, redress, and means of a protest. This provided a way to think of atomic acts of protest as having dual communicative aspects, viz., a negative evaluation of the object and a connected prescription of redress. Second, we use Austin’s notion of a felicity condition to further characterize the dual communicative aspects of protest. This allows us to distinguish protest from (...) some other speech acts which also involve a negative evaluation of some object and a connected prescription of redress. Finally, we turn to Kukla and Lance’s idea of a normative functionalist analysis of speech acts to advance the view that protests are a complex speech act constituted by dual input normative statuses and dual output normative statuses. (shrink)

There is a loud and persistent drum beat of support for schools, for citizenship, for diversity and inclusion, and increasingly for labor market readiness with very little critical attention to the assumptions underlying these agendas, let alone to their many internal contradictions. Accordingly, in this book I examine the philosophical, motivational, and practical challenges of education theory, policy, and practice in the twenty-first century. As I proceed, I do not neglect the historical, comparative international context so essential to better understanding (...) where we are, as well as what is attainable in terms of educational justice. I argue that we must constructively critique some of our most cherished beliefs about education if we are to save the hope of real justice from the rhetoric of imagined justice. (shrink)

An impressive body of recent literature posits that traditional notions of civil disobedience prevent us from properly considering potentially legitimate types of ‘uncivil’ political lawbreaking. When might uncivil (covert, legally evasive, morally offensive and potentially violent) lawbreaking prove normatively acceptable? If justifiable, what conditions should its practitioners be reasonably expected to meet? Despite some important insights, defenders of uncivil disobedience rely on a narrow and sometimes misleading view of civil disobedience, as previously practiced and theorized. Notwithstanding legitimate skepticism about Rawlsian (...) notions of civil disobedience, they reproduce its troublesome binary or ‘all-or-nothing’ view of political lawbreaking. Uncivil disobedience’s proponents tend to group a vast array of distinctive types of lawbreaking under one amorphous categorical rubric, impeding the suitably complex, nuanced analysis we need. A superior approach would pay careful attention to uncivil disobedience’s ambivalent historical record, a record suggesting that UD is more likely to reproduce authoritarian populism’s disturbing political logic than counteract it. (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)

Can compensation repair the moral harm of a previous wrongful act? On the one hand, some define the very function of compensation as one of restoring the moral balance. On the other hand, the dominant view on compensation is that it is insufficient to fully repair moral harm unless accompanied by an act of punishment or apology. In this paper, I seek to investigate the maximal potential of compensation. Central to my argument is a distinction between apologetic compensation and non-apologetic (...) compensation. Apologetic compensation, I argue, is an act that expresses regret and apology by means of some offer of money, goods, or services. Non-apologetic compensation is an act that seeks to restore loss or harm without expressing regret or apology. In the paper, I defend the view that acts of compensation can be apologetic and argue that such apologetic compensation is sufficient for moral repair. (shrink)

I argue that contemporary accounts of ideology critique—paradigmatically those advanced by Haslanger, Jaeggi, Celikates, and Stanley—are either inadequate or redundant. The Marxian concept of ideology—a collective epistemic distortion or irrationality that helps maintain bad social arrangements—has recently returned to the forefront of debates in contemporary analytic social philosophy. Ideology critique has similarly emerged as a technique for combating such social ills by remedying those collective epistemic distortions. Ideologies are sets of social meanings or shared understandings. I argue in this paper (...) that because agents must coordinate on them to be mutually intelligible, ideologies, on the fashionable contemporary account, are conventions. They are equilibrium solutions to a particular kind of social coordination problem. The worry is that changing pernicious conventions requires more than the epistemic remedy contemporary critical social theorists prescribe. It also requires overcoming strategic impediments like high first-mover costs. Thus contemporary proponents of ideology critique—the “new ideology critics,” as I’ll call them—face a dilemma. Either their account of social change fails to account for important strategic impediments to social change, in which case it is inadequate, or it incorporates a theory of strategic behavior, and thus merely reinvents the wheel, poorly. It adds nothing to prominent convention-based accounts of social change in the social sciences. More generally, this is an example of a pernicious trend in contemporary critical social theory. Contemporary critical social theorists have abandoned their predecessors’ commitment to engaging with social science, thereby undermining their efforts. (shrink)

Why Does Inequality Matter?, by ScanlonT.M.. New York: Oxford University Press, 2018. Pp. ix + 170.

Just institutions have claims on us. There are two reasons for thinking that such claims are warranted. First, one may believe that we are under a natural duty of justice to support and further just institutions. If one believes that it matters whether institutions are just, one also has a reason, almost as a matter of consistency, to support and further just institutions. Second, one may believe that by enjoying the benefits brought about by cooperation through just institutions, one incurs (...) an obligation to support these institutions. Those who accept and enjoy the benefits brought about by cooperation through a just scheme are under an obligation of fairness to reciprocate. But what happens to these reasons to support and comply with an institution if the scheme of cooperation is less than fully just? There is hardly a real-world institution, policy, or scheme of social cooperation that would qualify as fully just. However, questions about obligations of fairness and duties of justice under conditions of injustice have hitherto suffered relative neglect. I shall outline an overall framework for thinking about these questions by asking what the victims of injustice owe to moderately unjust institutions. (shrink)