Moral error theory claims that all moral judgments are in error. Moral abolitionism is the view that the error theorist should then eliminate moral talk or judgments. This paper discusses the possible effects of adopting abolitionism on lying, breaking the law, adultery, and murder/revenge.

This chapter has two goals. First, I will present an interpretation of Kant’s mature account of punishment, which includes a strong commitment to retributivism. Second, I will sketch a non-retributive, “ideal abolitionist” alternative, which appeals to a version of original position deliberation in which we choose the principles of punishment on the assumption that we are as likely to end up among the punished as we are to end up among those protected by the institution of punishment. This is radical (...) relative to Kant’s mature theory of punishment, but arguably it conforms better to the spirit of Kant’s first Critique remarks on imputation and punishment than his mature theory does. (shrink)

After establishing that the requirement that those criminals who stand for execution be mentally competent can be given a recognizably retributivist rationale, I suggest that not only it is difficult to show that executing the incompetent is more cruel than executing the competent, but that opposing the execution of the incompetent fits ill with the recent abolitionist efforts on procedural concerns. I then propose two avenues by which abolitionists could incorporate such opposition into their efforts.

The Black antislavery theorist Quobna Ottobah Cugoano (c.1757–c.1791) is increasingly recognized as a noteworthy figure in the history of philosophy. Born in present-day Ghana, Cugoano was enslaved at the age of 13 and shipped to Grenada, before being taken onwards to England, where the 1772 Somerset court ruling in effect freed him. His Thoughts and Sentiments on the Evil of Slavery [1787/1791] broke new ground by demanding the immediate end of the slave-trade and of slavery itself, without any compensation to (...) slaveholders. Notwithstanding this, Cugoano endorsed the legitimacy of penal enslavement on principled grounds – like many other abolitionists writing in late eighteenth-century Britain. “Every free community might keep slaves, or criminal prisoners in bondage” – and even sell them. Amidst the growing literature exploring Cugoano’s abolitionism, his paradoxical justification of penal slavery has bewildered commentators. Far from an offhand inconsistency, I argue that this justification is deeply embedded within his moral and legal philosophy; constraining his antislavery arguments while simultaneously serving retaliatory aims. His two-pronged principle of just punishment – the lex talionis (‘eye for an eye, bondage for bondage’) as tempered by mercy – sometimes demands penally enslaving colonial slaveholders and slave-traders in turn. Throughout, I compare Cugoano’s justification of penal enslavement with those of other early modern philosophers, especially Locke and Kant. This helps me position Cugoano within the history of philosophy, thus making his views more accessible to a wider philosophical audience. It also indicates just how deeply theories of punishment shaped philosophical thinking about penal bondage in the period. (shrink)

Liberal thought (in the sense of classical liberalism) is based on the juxtaposition of consent to coercion. Autocracy and slavery were seen as based on coercion whereas today's political democracy and economic 'employment system' are based on consent to voluntary contracts. This paper retrieves an almost forgotten dark side of contractarian thought that based autocracy and slavery on explicit or implicit voluntary contracts. To answer these 'best case' arguments for slavery and autocracy, the democratic and abolitionist movements forged arguments not (...) simply in favour of consent, but arguments that voluntary contracts to legally alienate aspects of personhood were invalid 'even with consent' – which made the underlying rights inherently inalienable. Once understood, those arguments have the perhaps 'unintended consequence' of making the neo-abolitionist case for ruling out today's self-rental contract, the employer-employee contract. The paper has to also retrieve these inalienable rights arguments since they have been largely lost on the Left, not to mention in liberal thought. (shrink)

Moral abolitionists claim that morality ought to be abolished. According to one of their most prominent arguments, this is because making moral judgments renders people significantly less tolerant toward anyone who holds divergent views. In this paper we investigate the hypothesis that morality’s tolerance-decreasing effect only occurs if people are realists about moral issues, i.e., they interpret these issues as objectively grounded. We found support for this hypothesis (Studies 1 and 2). Yet, it also turned out that the intolerance associated (...) with realism is mediated by moral conviction and perceived consensus. People tend to feel more strongly about those moral issues they ground objectively and, in doing so, are more prone to display the vice of moral smugness toward those who disagree with them. The remedy for this that has been recommended is humility which we found (Study 3) is indeed related to reduced intolerance, in part by predicting a reduction in realism, but also in part through a direct connection to intolerance. These results put pressure on abolitionists’ “argument from intolerance.”. (shrink)

Moral error theorists face the so-called “now-what problem”: what should we do with our moral judgments from a prudential point of view if these judgments are uniformly false? On top of abolitionism and conservationism, which respectively advise us to get rid of our moral judgments and to keep them, three revisionary solutions have been proposed in the literature: expressivism, naturalism, and fictionalism. In this paper, I argue that expressivism and naturalism do not constitute genuine alternatives to abolitionism, of (...) which they are in the end mere variants—and, even less conveniently, variants that are conform to the very spirit of abolitionism as formulated by its proponents. The main version of fictionalism, by contrast, provides us with a recommendation to which abolitionists cannot consistently subscribe. This leaves us with only one revisionary solution to the now-what problem. (shrink)

Wuwei (nonaction) is one of the core concepts of Daoist ethics. Edward Slingerland pointed out that wuwei involves a paradox, and Arthur C. Danto questioned whether wuwei could support a genuine moral theory and the idea of right action. To defend Daoist ethics and its concept of right action, it is necessary to envisage Danto’s criticism and the problems raised by Slingerland. According to Ivanhoe, Wuwei is not a paradox, but a riddle or mystery about self-cultivation. He thinks that if (...) people could find the trick to the riddle, they can realize Wuwei. Ivanhoe’s analysis failed. Nickolas Knightly argues that we must acknowledge the paradox of Wuwei squarely. Based on criticizing Ivanhoe’s and Knightly’s schemes, this paper further analyzes the strategies to deal with the paradox of Wuwei. Wuwei should be placed in a specific situation and context. Wuwei requires the agents to have the corresponding psychological motivation, which will not continuously interfere with the purpose of action. Wuwei, as the behavior evaluation word of Daoist ethics, corresponds to moral anti-realism and nonassertive moral abolitionism. (shrink)

Moral abolitionists recommend that we get rid of moral discourse and moral judgement. At first glance this seems repugnant, but abolitionists think that we have overestimated the practical value of our moral framework and that eliminating it would be in our interests. I argue that abolitionism has a surprising amount going for it. Traditionally, abolitionism has been treated as an option available to moral error theorists. Error theorists say that moral discourse and judgement are committed to the existence (...) of moral properties, and that no such properties exist. After error theory is established, abolitionism is one potential way to proceed. However, many error theorists suggest that we retain moral discourse as a sort of fiction. I evaluate some attractions of both fictionalism and abolitionism, arguing that abolitionism is a plausible position. No one doubts that error theorists can be abolitionists. However, what has gone largely undiscussed is that it is open to others to be abolitionists as well. I argue that moral realists of a metaphysically robust sort can and perhaps should be abolitionists. ‘Realist abolitionism’ makes for a surprisingly neat theoretical package, and I conclude that it represents an interesting new option in the theoretical landscape. (shrink)

Frederick Douglass, the abolitionist, the civil rights advocate and the great rhetorician, has been the focus of much academic research. Only more recently is Douglass work on aesthetics beginning to receive its due, and even then its philosophical scope is rarely appreciated. Douglass’ aesthetic interest was notably not so much in art itself, but in understanding aesthetic presentation as an epistemological and psychological aspect of the human condition and thereby as a social and political tool. He was fascinated by the (...) power of images, and took particular interest in the emerging technologies of photography. He often returned to the themes of art, pictures and aesthetic perception in his speeches. He saw himself, also after the end of slavery, as first and foremost a human rights advocate, and he suggests that his work and thoughts as a public intellectual always in some way related to this end. In this regard, his interest in the power of photographic images to impact the human soul was a lifelong concern. His reflections accordingly center on the psychological and political potentials of images and the relationship between art, culture, and human dignity. In this chapter we discuss Douglass views and practical use of photography and other forms of imagery, and tease out his view about their transformational potential particularly in respect to combating racist attitudes. We propose that his views and actions suggest that he intuitively if not explicitly anticipated many later philosophical, pragmatist and ecological insights regarding the generative habits of mind and affordance perception : I.e. that we perceive the world through our values and habitual ways of engaging with it and thus that our perception is active and creative, not passive and objective. Our understanding of the world is simultaneously shaped by and shaping our perceptions. Douglass saw that in a racist and bigoted society this means that change through facts and rational arguments will be hard. A distorted lens distorts - and accordingly re-produces and perceives its own distortion. His interest in aesthetics is intimately connected to this conundrum of knowledge and change, perception and action. To some extent precisely due to his understanding of how stereotypical categories and dominant relations work on our minds, he sees a radical transformational potential in certain art and imagery. We see in his work a profound understanding of the value-laden and action-oriented nature of perception and what we today call the perception of affordances (that is, what our environment permits/invites us to do). Douglass is particularly interested in the social environment and the social affordances of how we perceive other humans, and he thinks that photographs can impact on the human intellect in a transformative manner. In terms of the very process of aesthetic perception his views interestingly cohere and supplement a recent theory about the conditions and consequences of being an aesthetic beholder. The main idea being that artworks typically invite an asymmetric engagement where one can behold them without being the object of reciprocal attention. This might allow for a kind of vulnerability and openness that holds transformational potentials not typically available in more strategic and goal-directed modes of perception. As mentioned, Douglass main interest is in social change and specifically in combating racist social structures and negative stereotypes of black people. He is fascinated by the potential of photography in particular as a means of correcting fallacious stereotypes, as it allows a more direct and less distorted image of the individuality and multidimensionality of black people. We end with a discussion of how, given this interpretation of aesthetic perception, we can understand the specific imagery used by Douglass himself. How he tried to use aesthetic modes to subvert and change the racist habitus in the individual and collective mind of his society. We suggest that Frederick Douglass, the human rights activist, had a sophisticated philosophy of aesthetics, mind, epistemology and particularly of the transformative and political power of images. His works in many ways anticipate and sometimes go beyond later scholars in these and other fields such as psychology & critical theory. Overall, we propose that our world could benefit from revisiting Douglass’ art and thought. (shrink)

The moral error theory holds that moral claims and beliefs, because they commit us to the existence of illusory entities, are systematically false or untrue. It is an open question what we should do with moral thought and discourse once we have become convinced by this view. Until recently, this question had received two main answers. The abolitionist proposed that we should get rid of moral thought altogether. The fictionalist, though he agreed we should eliminate moral beliefs, enjoined us to (...) replace them with attitudes that resemble to some extent the attitudes we have towards pieces of fiction. But there is now a third theory on the market: conservationism, the view that we should keep holding moral beliefs, even though we know them to be false. (According to a fourth theory, ‘substitutionism’, we should modify the content of our moral claims in such a way that they become true.) Putting abolitionism (and substitutionism) aside, our aim is to assess the plausibility of conservationism as an alternative to the – relatively dominant – fictionalism that we find in the literature. Given the difficulty of finding a conservationist view that is both (i) plausible and (ii) not merely a terminological variant of fictionalism, we will argue that conservationism fails to constitute a plausible alternative to fictionalism, at least insofar as it purports to be an alternative view as to what we should do with our moral thoughts. (shrink)

In the 1780s through the end of 1790s, Kant made various references to slavery (in its different forms) and the transatlantic slave trade in the context of his political philosophy or philosophy of right; he thereby had opportunities to speak in favor of abolitionism, which was gaining momentum in parts of Europe, or at least to articulate a normative critique of the race-based chattel slavery or Atlantic slavery and the associated slave trade qua (legalized) INSTITUTIONS; but he did neither. (...) Why? In raising and seeking an answer to this question, I am not interested in what Kant’s normative silence about the institutions of Atlantic slavery and slave trade may tell us about him as a person (for example, whether he was blinded by his own racist prejudices or whether he was affected by some kind of cognitive dissonance). Rather, I will focus on what it may tell us about certain limitations of his political philosophy, limitations that might have made it THEORETICALLY DIFFICULT for him to figure out exactly what to DO about those institutions as entrenched political realities. (shrink)

The Black Lives Matter movement has called for the abolition of capital punishment in response to what it calls “the war against Black people” and “Black communities.” This article defends the two central contentions in the movement’s abolitionist stance: first, that US capital punishment practices represent a wrong to black communities rather than simply a wrong to particular black capital defendants or particular black victims of murder, and second, that the most defensible remedy for this wrong is the abolition of (...) the death penalty. (shrink)

A lively debate in the literature on moral progress concerns the role of practical reasoning: Does it enable or subvert moral progress? Rationalists believe that moral reasoning enables moral progress, because it helps enhance objectivity in thinking, overcome unruly sentiments, and open our minds to new possibilities. By contrast, skeptics argue that moral reasoning subverts moral progress. Citing growing empirical research on bias, they show that objectivity is an illusion and that moral reasoning merely rationalizes pre-existing biased moral norms. In (...) this article, I argue that both the rationalists and the skeptics fail to understand fully the role of practical reasoning by focusing exclusively on moral reasoning to the neglect of social reasoning. In the first half of the article, I argue against the skeptics by vindicating moral reasoning. I identify a Democratic Model of moral reasoning which is reliable and effective in overcoming bias. In the second part of the article, I argue against the rationalists. Drawing on a paradigmatic case of moral progress, i.e., the British abolition of the slave trade, I illustrate that moral reasoning, even when sound, is insufficient to motivate progressive action. The explanation for this puzzling phenomenon is not that the moral norm against cruelty is inert, as skeptics might suggest. Rather, it is that the moral norm against cruelty was overridden by the social norm of slavery which was tied to the British joint commitments to freedom and national honour. The debate between rationalists and skeptics centers around the moral rationality of human action, failing to recognize that human action is in fact primarily about social rationality. I defend a joint commitment account of social rationality, and offer a novel Communitarian Model of social reasoning which follows the logic of social rationality to revise social norms. I defend the reliability and efficacy of the Communitarian Model of social reasoning by applying it to the abolitionist social movement to show how Britons gave fellow Britons social reasons grounded in their joint commitments to freedom and national honour to end slavery. (shrink)

In this article, I argue in favor of an intersectional account of religious identity to better make sense of how religious subjects can be treated with epistemic injustice. To do this, I posit two perspectives through which to view religious identity: as a social identity and as a worldview. I argue that these perspectives shed light on the unique ways in which religious subjects can be epistemically harmed. From the first perspective, religious subjects can be harmed when their religion is (...) racialized or when their gender and dress are mistakenly thought to be predictive of their beliefs and practices. As an instance of this, I focus on the epistemic harms facing Muslim women who practice veiling. From the worldview perspective, religious subjects can be harmed when we, by contrast, underestimate the force of the connections between religion, race, and gender. Such connections can give rise to intersectionally rich theologies that can in turn be marginalized and denied credibility. To illuminate the worldview perspective, I focus on Christian abolitionist and feminist Sojourner Truth. (shrink)

European Journal of Political Theory, Volume 21, Issue 3, Page 601-607, July 2022. Ayelet Shachar's The Shifting Border deploys a powerful map metaphor to support rethinking of borders and their functions. I interrogate this metaphor, developing some of the representational, constructive, and normative functions of maps, along with their connections to legal mechanisms for decoupling migration from territory. I survey three responses to the extra-territorialization of migration: a cynical response that rejects the possibility of migration justice, an abolitionist response connected (...) to open borders, and a revisionist response that advocates for widescale institutional reform. The revisionist response illuminates how Shachar's essay challenges us to reflect on what sorts of maps and accompanying social and political organizations would best support migrant justice. (shrink)

This paper begins by taking seriously former slave and abolitionist Frederick Douglass’ response in his What to the Slave is the Fourth of July? to systematic violence and oppression. He claims that direct argumentation is not the ideal mode of resistance to oppression: “At a time like this, scorching irony, not convincing argument, is needed.” I will focus on a few elements of this playful mode of resistance that conflict with the more straightforward strivings for abstract, universal, objective, convergent, absolute (...) thinking that champions reason over emotion, logic over narrative, and science over lived experience. In contrast, the type of protest employed by people like Douglass can utilize aesthetics and logic, playfulness and seriousness, emotion, even anger, and reason. Douglass provides examples of humorous, sincere parrhesia, oscillating between the lexicon of the dominant sphere and the critical reflection from a trickster on the margins. This will require an analysis of Michel Foucault’s conception of parrhesia: courageous truth-telling in the face of powerful people or institutions. It is a study of humor in the parrhesiastes, an element I think neglected by Foucault. I argue that the humorous parrhesiastes offers a mode of resistance which can subvert oppressive power structures that perpetuate injustice, revealing the fact that humor can be integral in courageous truth-telling. (shrink)

I criticize an increasingly popular set of arguments for the justifiability of punishment. Some philosophers try to justify punishment by appealing to what Peter Strawson calls the reactive attitudes – emotions like resentment, indignation, remorse and guilt. These arguments fail. The view that these emotions commit us to punishment rests on unsophisticated views of punishment and of these emotions and their associated behaviors. I offer more sophisticated accounts of punishment, of these emotions and of their associated behaviors that are consistent (...) with Abolitionism, the view that punishment is unjustified. (shrink)

This paper aims at bringing a new philosophical perspective to the current debate on the death penalty through a discussion of peculiar kinds of uncertainties that surround the death penalty. I focus on laying out the philosophical argument, with the aim of stimulating and restructuring the death penalty debate. I will begin by describing views about punishment that argue in favour of either retaining the death penalty (‘retentionism’) or abolishing it (‘abolitionism’). I will then argue that we should not (...) ignore the so-called “whom-question”, i.e. “To whom should we justify the system of punishment?” I identify three distinct chronological stages to address this problem, namely, “the Harm Stage”, “the Blame Stage”, and “the Danger Stage”. I will also identify four problems arising from specific kinds of uncertainties present in current death penalty debates: (1) uncertainty in harm, (2) uncertainty in blame, (3) uncertainty in rights, and (4) uncertainty in causal consequences. In the course of examining these four problems, I will propose an ‘impossibilist’ position towards the death penalty, according to which the notion of the death penalty is inherently contradictory. Finally, I will suggest that it may be possible to apply this philosophical perspective to the justice system more broadly, in particular to the maximalist approach to restorative justice. (shrink)

Punishment involves the intentional infliction of harm and suffering. Both of the most prominent families of justifications of punishment – retributivism and consequentialism – face several moral concerns that are hard to overcome. Moreover, the effectiveness of current criminal punishment methods in ensuring society’s safety is seriously undermined by empirical research. Thus, it appears to be a moral imperative for a modern and humane society to seek alternative means of administering justice. The special issue of Diametros “The Abolition of Punishment: (...) Is a Non-Punitive Criminal Justice System Ethically Justified?” was brought into life precisely to give the authors a platform for such progressive inquiries. And it is now safe to say that this platform has been put to excellent use, since Valerij Zisman, Alexander Stachurski, Giorgia Brucato, Perica Jovchevski, Sofia M. I. Jeppsson, Stephen G. Morris, Benjamin Vilhauer, John Lemos, Saul Smilansky, Elizabeth Shaw, Mirko Farina, Andrea Lavazza and Sergei Levin have presented such thought-provoking texts that they are bound to set the stage for debate in the years to come. This article is an introduction to this special issue and to the authors’ papers. (shrink)

The concept of white ignorance refers to phenomena of not-knowing that are produced by and reinforce systems of white supremacist domination and exploitation. I distinguish two varieties of white ignorance, belief-based white ignorance and practice-based white ignorance. Belief-based white ignorance consists in an information deficit about systems of racist oppression. Practice-based white ignorance consists in unresponsiveness to the political agency of persons and groups subject to racist oppression. Drawing on the antebellum political thought of Black abolitionists Frederick Douglass and Harriet (...) Jacobs, I contend that an anti-racist politics that conceives of its epistemic task in terms of combating practice-based white ignorance offers a more promising frame for liberatory struggle. A focus on practice-based white ignorance calls for a distinctive form of humility that involves recognition of the limits of one’s own political agency in relation to others, which is integral to democratic relations between free, equal, yet mutually dependent persons. (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 draws on the antebellum political thought of Black abolitionists Frederick Douglass and Martin Delany in critically assessing the efficacy of reasonableness in advancing the aims of emancipatory politics in political discourse. I argue, through a reading of Douglass and Delany, that comporting oneself reasonably in the face of oppressive ideology can be counterproductive, if one’s aim is to undermine such ideology and the institutions it supports. Douglass and Delany, I argue, also provide us with a framework for evaluating (...) alternative discursive strategies we might wish to employ in light of the limited value of reasonableness for emancipatory politics. (shrink)

From a radical feminist perspective, gender is a cage. Or to be more precise, it’s two cages. If genders are cages, then surely we want to let people out. Being less constrained in our choices is something we all have reason to want: theorists in recent years have emphasized the importance of the capability to do and be many different things. At the very least, we should want an end to sex-based oppression. But what does this entail, when it comes (...) to gender? In this paper, I’ll compare four ‘transitional pathways’, with a view to considering how each relates to the ultimate end of ending sex-based oppression. Should we open the doors to the cages, so that people can move freely between them, but leave the cages themselves in place?. Should we add more cages?. Should we make the cages bigger, so that people have a lot more room to move around inside them? Or should we dismantle the cages, so there are no more genders at all?. Some of these options are ‘gender revisionist’, others are gender abolitionist. I’ll argue in favour of a gender abolitionist pathway. (shrink)

Do non-human animals have an interest in sociopolitical freedom? Cochrane has recently taken up this important yet largely neglected quest ion. He argues that animal freedom is not a relevant moral concern in itself, because animals have a merely instrumental but not an intrinsic interest in freedom (Cochrane 2009a, 2012). This paper will argue that even if animals have a merely instrumental interest in freedom, animal freedom should nonetheless be an important goal for our relationships with animals. Drawing on recent (...) work on the value of freedom, it will be argued that freedom is non-specifically instrumentally valuable. Accordingly, freedom is a means to other goods, but often it is not possible to identify those goods in advance or aim for them directly. Some of the reasons that make freedom non-specifically valuable for human relationships, it will be argued, also apply to relationships between humans and animals. Amongst other implications, it will be shown how this argument provides a response to those who fear that stricter animal protection policies might undermine people’s freedom: A concern for freedom actually requires stricter protection policies rather than speak against them. (shrink)

Although the fast-growing literature on restorative justice is extensive, and in some regards repetitive, there is still no consensus as to the nature and extent of applicability of the restorative notion. This article claims that the restorative movement is experiencing a tension between normative abolitionist and pragmatic visions of restorative justice. It proceeds to identify six conceptual fault-lines that characterize this tension. These do not only refer to various definitional positions, but also disagreements that negatively affect both the theoretical and (...) practical development of restorative justice. These tensions also encourage a power-interest battle between different stakeholders within the restorative movement including practitioners, theoreticians, researchers and policy makers. To approach these controversies, there needs to be an acknowledgment of the multidimensional nature of the conceptual problem of restorative justice and the impact it has on its application. The article attempts to get to grips with this problem, and provide a common ground for the future development of restorative justice. (shrink)

There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today—particularly in America. Many contemporary libertarians and neo-Austrian economists represent the non-democratic strain in their promotion of non-democratic sovereign city-states (startup cities or charter cities). We will take the late James M. Buchanan as a representative of the democratic strain of classical liberalism. Since the (...) fundamental norm of classical liberalism is consent, we must start with the intellectual history of the voluntary slavery contract, the coverture marriage contract, and the voluntary non-democratic constitution (or pactum subjectionis). Next we recover the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience through the Enlightenment (e.g., Spinoza and Hutcheson) in the abolitionist and democratic movements. Consent-based governments divide into those based on the subjects' alienation of power to a sovereign and those based on the citizens' delegation of power to representatives. Inalienable rights theory rules out that alienation in favor of delegation, so the citizens remain the ultimate principals and the form of government is democratic. Thus the argument concludes in agreement with Buchanan that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations. (shrink)

Nathan Hanna has recently addressed a claim central to my 2013 article ‘Must Punishment Be Intended to Cause Suffering’ and to the second chapter of my 2016 book An Expressive Theory of Punishment: namely, that punishment need not involve an intention to cause suffering. -/- Hanna defends what he calls the ‘Aim To Harm Requirement’ (AHR), which he formulates as follows. AHR: ‘an agent punishes a subject only if the agent intends to harm the subject’ (Hanna 2017 p969). I’ll try (...) to show in this note that Hanna’s latest attempts to defend AHR fail. I’ll start by setting out my own view, drawing attention to one significant, but perhaps understandable, misstatement of Hanna’s. I’ll then discuss two alleged counter-examples that Hanna presents to my view, and show that they both fail in their own terms. I’ll also argue that, given assumptions that Hanna is willing to make a scenario closely related to one that Hanna presents counts against AHR. I’ll then discuss how significant it would be if these counter-examples were successful. My view is that it wouldn’t matter much, and that anyone attracted to abolitionism should agree. I’ll conclude with a brief discussion of Hart, which may be of interest to enthusiasts and Hart scholars. (shrink)

Taking as its starting point that morality does not exist (moral error theory), this chapter tries to persuade the reader to eradicate it from her psyche as well (moral abolitionism). It is argued further that the most effective way to rid oneself (and society) of moralist attitudes would be to eliminate moralist vocabulary and manners of speaking and, indeed, to the greatest degree practicable, all normative vocabularies and manners of speaking. This is because moralism lies deep and pervasively in (...) the human psyche and hence requires a special effort to root it out. A particular problem is how to eradicate moralism from the abolitionist project itself. For the natural way to think about it is as advocating that we ought to be amoral or that being amoral would make this a better world. But these are themselves moralist ways of thinking. This chapter seeks to obviate this problem, as well as fill the void left by morality’s elimination, by defending a positive ethics of desire (desirism). (shrink)

The global response to child labour is based on the standards set by three major international conventions. This review examines the historical development of the conceptualizations of various forms of child labour, relevant views and perspectives, contemporary theoretical underpinnings, and policy suggestions. The emerging evidence shows that child labour incidences in all its forms have increased in many parts of the world, and the global target to eradicate child labour by 2025 seems unattainable. The evaluation indicates that the current global (...) age-based abolitionist policy to fight child labour has lost some ground. The covid-19 pandemic has worsened the situation and the worst forms of child labour have become even more widespread and deeply normalized in many contexts and communities. The current scholarship of child labour remains critically ignorant of the relevant societal and cultural norms. Contemporary theorists and empiricists emphasize on constructing knowledge with the children and families engaged in child labour and focusing on finding innovative community-led alternatives to the worst forms of child labour. Regulations, policies, and support programmes must recognize the economic contribution of working children and work towards the children's best interests. (shrink)

Let us call the deliberate modification of an individual’s genome to improve it or its progeny intentional genetic enhancement. Governments are almost certain to require that any proposed intentional genetic enhancement of a human (IGEH) be tested first on (what researchers call) animal “models.” Intentional genetic enhancement of animals (IGEA), then, is an ambiguous concept because it could mean one of two very different things: an enhancement made for the sake of the animal’s own welfare, or an enhancement made for (...) the sake of satisfying a human desire. In either case, experimental procedures are likely to entail substantial risks to the experimental animals. What rules should govern IGEA? I criticize the abolitionist conclusions of animal rightists—that no IGEA should be permitted—and I criticize the permissive conclusions of speciesists—that all IGEA should be permitted. Both views are unsatisfying. I suggest instead that current animal welfare law provides a defensible platform on which to begin building ethically justifiable policy in this area. (shrink)

In death penalty debates, advocates on both sides have advanced a staggering number of arguments to defend their positions. Many of those arguments fail to support retaining or abolishing the death penalty, and often this is due to advocates pursuing a line of reasoning where the conclusion, even if correctly established, will not ultimately prove decisive. Many of these issues are also interconnected and shouldn’t be treated separately. The goal of this paper is to provide some clarity about which specific (...) issues really determine whether the institution of capital punishment is morally permissible. The issues can be broadly grouped into three categories: substantive; procedural (comparative); and procedural (noncomparative). Substantive debates regard the inherent moral status of the death penalty, while procedural debates regard how the death penalty is applied in practice, with two types of injustice that can result. Substantive issues have the potential to be the most decisive, for if the death penalty is inherently immoral there’s no need to even raise procedural questions. However, it appears difficult for either side to make a clearly compelling argument on substantive grounds. In regards to the procedural arguments, the concerns of noncomparative justice lead to stronger arguments than the comparative concerns, for the irrevocable nature of the death penalty can play a role in the former but not the later. Overall, abolitionists have a clear advantage in this debate, as they only have to make their case on one of these fronts, while supporters must defend themselves on all three fronts. (shrink)

What effects are produced in an encounter between what Gilles Deleuze calls Spinoza’s ‘practical philosophy’ and abolition? Closely following Deleuze’s account of Spinoza, this essay moves from the reifying and weakening punitive moralism of carceral state thought towards a joyful materialist abolitionist ethic. It starts with the three theses for which, Deleuze argues, Spinoza was denounced in his own lifetime: materialism (devaluation of consciousness), immoralism (devaluation of all values) and atheism (devaluation of the sad passions). From these three, it derives (...) three parallel abolitionist theses: (1) Spinozan materialism undermines the reifications of carceral state thought; (2) Spinozan ethics undermines the punitivism of the carceral state; and (3) Spinozan joy is inversely proportional to the power of the carceral state. While Spinoza’s corpus may not give us an adequate account of the complex dynamics of the carceral state and racial capitalism today, this essay argues that in the infinite streams of the Ethics we nonetheless find some vital strategies through which we might compose an anomalous alliance between this condemned philosopher and abolition. (shrink)

It has been claimed that a key difference between ancient and contemporary skepticism is that, unlike the ancient skeptics, contemporary skeptics consider ordinary beliefs to be insulated from skeptical doubt. In the case of metaethics, this issue is related to the following question: what attitude towards ordinary moral thought and discourse should one adopt if one is a moral skeptic? Whereas moral abolitionists claim that one should do away with ordinary moral thought and discourse altogether, moral fictionalists maintain that, given (...) that morality produces practical benefits, one should continue to make moral utterances and have moral thoughts, while at the same time refraining from asserting such utterances and believing such thoughts. Focusing particularly on Mackie’s skeptical stance, the present essay considers whether the view that first-order moral beliefs are unaffected by moral skepticism is defensible, whether moral fictionalism is compatible with moral insulation, and whether contemporary moral skeptics are in general committed to there being insulation between first- and second-order levels. (shrink)

Both liberals and feminists have long criticized the paternalistic approach to prostitution found in most jurisdictions in the U.S. In his recent book Prostitution and Liberalism, Peter de Marneffe defends just such an intervention, arguing that the demonstrated harmfulness of a life of prostitution justifies paternalistic policies aimed at reducing the number of women who are involved in it. Although de Marneffe does not endorse the prohibitionist approach typical in the U.S., he argues that the best reasons for alternative approaches (...) to the practice (including some forms of regulated legalization) are necessarily paternalistic. In my paper, I question de Marneffe’s contention that the strongest reasons for state intervention with regard to prostitution are paternalistic in nature. I argue that reasonable state action toward prostitution is best understood not as a paternalistic intervention to remedy some moral or epistemological failure on the part of prostitutes, but rather as an attempt to advance the interests of vulnerable parties more generally concerning what they reasonably desire but could not otherwise ensure. I further argue that such an approach might favor abolitionist over regulatory policies, depending upon how the vulnerable class is defined. (shrink)

Frederick Douglass (1817–1895) argued that newly emancipated black Americans should assimilate into Anglo-American society and culture. Social assimilation would then lead to the entire physical amalgamation of the two groups, and the emergence of a new intermediate group that would be fully American. He, like those who were to follow, was driven by a vision of universal human fraternity in the light of which the varieties of human difference were incidental and far less important than the ethical, religious, and political (...) idea of personhood. Douglass’s version of this vision was formed by natural law theories, and a Protestant Christian conception of universal human fraternity, as it was for much of the abolition movement in the US and Britain. His vision and his fierce commitment to abolitionism, moreover, were characterized by his own experience of slavery. His political and ethical vision, his moral universe, generated his conception of America, his interpretation of the US constitution, and his solution to the Nation’s race problem. Unpacking Douglass’s vision will help us understand those positions that follow his legacy. Just as those who argue that race ought to be conserved turn to the figure of W.E.B. Du Bois, those who disagree with the conservation of race need to consider Douglass’s arguments, and their relationship to Douglass’s assimilation-amalgamation solution. Moreover, those that work under the long shadow of Douglass would do well to carefully consider the historical reasons why Du Bois’s and Booker T. Washington’s strategies for racial justice eclipsed Douglass’s. This chapter reviews Douglass’s religious and political ideals, his application of them to the issues of race, black American identity, and constitutional interpretation, and how his ideals and positions developed into his projection about the future of race in the US. All of these matters are guiding features of the anti-race and racial nominalist positions in the contemporary conservation of race debate. Additionally, this paper asks that we consider the cognitive and emotional conflicts that arise within us as we reflect upon Douglass’s vision and this Nation’s contradictions and failures in its long racial history. Douglass, of course, frequently referenced this conflict; it was at the center of his experience of being American. In his first narrative, Douglass characterized this conflict as his “soul’s complaint.” As a slave he yearned for freedom, and came to understand the liberal political and religious ideals that surrounded him. God’s justice or the ideal of American justice were not immanent; this gave him much pain and caused in him a good measure of moral disorientation, yet he resolved to make up for the absence of divine and natural justice through his own and other subaltern resources. And as a freeman and abolitionist he yearned for a greater reconciliation of the Nation: between black and white, and between the Nation and its ideals. In both instances the obstacles to his desires, the enormity of the task, and the elusiveness of Justice often left him somewhere between madness and reconciliation to his misery. His turmoil, a reaction of moral indignation and disorientation, a reaction to bondage in the putative land of liberty, is ours as well. (shrink)

In republican political philosophy, citizenship is a status that is constituted by one’s participation in the public life of the polity. In its traditional formulation, republican citizenship is an exclusionary and hierarchical way of defining a polity’s membership, because the domain of activity that qualifies as participating in the polity’s public life is highly restricted. I argue that Black American abolitionist Frederick Douglass advances a radically inclusive conception of republican citizenship by articulating a deeply capacious account of what it means (...) to participate in the public life of the polity. On Douglass’s conception of republican citizenship, what it means to contribute to the polity, and thereby be a citizen, is to act in ways that contest and shape what the polity values. We contest and shape what the polity values not only through public discourse traditionally conceived or grand political acts like revolt, but also through quotidian forms of social interaction. In his pre-American Civil War political thought, Douglass deployed his radically inclusive account of republican citizenship as the conceptual foundation of his stance that enslaved and nominally free Black Americans were already, in the 1850s, American citizens whom the polity ought to acknowledge as such. The everyday resistance in which enslaved Black Americans engaged—their plantation politics—is, for Douglass, a paradigmatic type of citizenship-constituting activity, because it involves modes of collaboration and confrontation that enact a recognition of mutual vulnerability and embody the assertion that one matters. Douglass’s conception of republican citizenship offers a normative framework for emancipatory struggles that strive to secure meaningful membership for the marginalized through the transformation of unjust polities. (shrink)

For more than a decade, activists, scholars, journalists, and politicians of various stripes have been discussing and decrying mass incarceration. This collection of voices has mostly focused on contingent features of the phenomenon. Critics mention racial disparities, poor prison conditions, and spiraling costs. Some critics have alleged broader problems: they have called for an end to all incarceration, even all punishment. Lost in this conversation is a focus on what is inherently wrong with mass incarceration specifically. This essay fills that (...) void and supplies an answer, drawing on the early modern English philosopher Thomas Hobbes. On the Hobbesian account developed here, mass incarceration is always wrong because it is always inconsistent with having a free society. (shrink)

I argue that contemporary liberal theory cannot give a general justification for the institution or practice of punishment, i.e., a justification that would hold across a broad range of reasonably realistic conditions. I examine the general justifications offered by three prominent contemporary liberal theorists and show how their justifications fail in light of the possibility of an alternative to punishment. I argue that, because of their common commitments regarding the nature of justification, these theorists have decisive reasons to reject punishment (...) in favor of a non-punitive alternative. I demonstrate the possibility of this alternative by means of a careful examination of the nature of punishment, isolating one essential characteristic—the aim to impose suffering—and showing how this characteristic need not guide enforcement. There is logical space for a forceful and coercive, yet non-punitive method of enforcement. This fact poses difficulties for many classical and contemporary justifications of punishment, but it poses particularly crippling problems for general liberal justifications. (shrink)

In this chapter I seek to provide a theoretical defense of workplace democracy that is independent from and outside the lineage of Marxist and communist theory. Common to the council movements, anarcho- syndicalism and many other forms of libertarian socialism was the idea “that workers’ self- management was central.” Yet the idea of workers’ control has not been subject to the same theoretical development as Marx’s theory, not to mention capitalist economic theory. This chapter aims to contribute at a theoretical (...) level by providing a justification and defense of self- managed workplaces that is independent of the particular historical tradition of the council movements. There is a clear and definitive case for workplace democracy based on first principles that descends to modern times through the Reformation and Enlightenment in the abolitionist, democratic and feminist movements. By the twentieth century, the arguments had been scattered and lost – like the bones of some ancient beast scattered in a desert – partly due to misconceptions, mental blocks and misinterpretations embodied in Marxism, liberalism and economic theory. When one has worked through some of these intellectual roadblocks, then one may be better able to reassemble the case for workplace democracy from well- known first principles developed in the abolitionist, democratic and feminist movements. (shrink)

Book Panel on Zoopolis including articles by Clare Palmer, Dinesh Wadiwel and Laura Janara and a reply by Donaldson and Kymlicka.

Nancy MacLean’s book, Democracy in Chains, raised questions about James M. Buchanan’s commitment to democracy. This paper investigates the relationship of classical liberalism in general and of Buchanan in particular to democratic theory. Contrary to the simplistic classical liberal juxtaposition of “coercion vs. consent,” there have been from Antiquity onwards voluntary contractarian defenses of non-democratic government and even slavery—all little noticed by classical liberal scholars who prefer to think of democracy as just “government by the consent of the governed” and (...) slavery as being inherently coercive. Historically, democratic theory had to go beyond that simplistic notion of democracy to develop a critique of consent-based non-democratic government, e.g., the Hobbesian pactum subjectionis. That critique was based firstly on the distinction between contracts or constitutions of alienation (translatio) versus delegation (concessio). Then the contracts of alienation were ruled out based on the theory of inalienable rights that descends from the Reformation doctrine of inalienability of conscience down through the Enlightenment to modern times in the abolitionist and democratic movements. While he developed no theory of inalienability, the mature Buchanan explicitly allowed only a constitution of delegation, contrary to many modern classical liberals or libertarians who consider the choice between consent-based democratic or non-democratic governments (e.g., private cities or shareholder states) to be a pragmatic one. But Buchanan seems to not even realize that his at-most-delegation dictum would also rule out the employer-employee or human rental contract which is a contract of alienation “within the scope of the employment.”. (shrink)

This article examines who or what should be the target of feminist criticism. Throughout the discussion, the concept of memes is applied in analyzing systems such as patriarchy and feminism itself. Adapting Dawkins' theory on genes, this research puts forward the possibility that patriarchies and feminisms are memeplexes competing for the limited energy and memory space of humanity.

Desmond and Moore point out that the key to understanding Darwin’s The Descent of Man is his abolitionist motivation and his advocacy that races constitute subspecies. Roberta Millstein raises some doubts about the importance of this motivation. She points out that the inclusion of the extensive section devoted to non-human animals is not justified by Darwin’s treatment of humans per se, because his explanation of the origin of races is peculiar. In this sense, she argues that Darwin’s specific explanation of (...) the origin of races does not confirm the central importance that Desmond and Moore give to Darwin’s abolitionism. In this paper I have two different aims. On the one hand, to show that the human case actually is based on the treatment of nonhuman animals, and consequently, Darwin’s argument is not as poor as Millstein believes. My second goal, taking Millstein’s challenge seriously, is to show that Darwin’s explanation of the origin of races does confirm the Desmond and Moore thesis in a deeper sense than the one they propose themselves. For the anti-slavery motivation could not only explain the fact that Darwin sees all humans as forming the same species, but the specific explanation he gives for the origin of races. (shrink)

For the purposes of this enquiry—an account of what Equiano’sa modernity was, and which particular historical ‘demarcations’ of modernity provided for an enslaved man to achieve freedom through great fortune and great cunning, I will assume a definition of ‘modernity’ as defined by Kathleen Wilson: “. . . not one moment or age, but a set of relations that are constantly being made and unmade, contested and reconfigured, that nonetheless produce among their contemporaneous witnesses the conviction of historical difference.” By (...) adopting this definition, modernity in the times of Equiano refers to, “the cultural practices and representations that produced certain kinds of subjects and objects of knowledge, upheld widely-shared notions of space and time, or facilitated the formation of cultural identities that resulted in pluralities and contradictions as well as unities and coherences,” which provided for a slave to acquire freedom amidst eighteenth-century imperialism, slave-trade, and emerging abolitionist sentiments within bourgeois culture. (shrink)

I do two things in this paper: firstly, I analyze the origins and the casting away of truscum activists and secondly, I develop a stronger metaphysical framework for what it means to be trans. I sketch a brief history of the truscum community, then I argue why mainstream trans activism’s arguments against the truscum are insufficient. Then I seek to provide a better nominalist argument, borrowing from the works of Natalie Stoljar, against the truscum’s metaphysical account of transness. That’s to (...) say I argue that transness is complex and only entails combinations of properties that may or may not overlap. In the final sections, I argue why my account of transness resolves the pragmatic and metaphysical worries of truscums; I also briefly address concerns from gender abolitionists. Written in 2023. (shrink)

This paper examines the interplay between hope and despair in David Walker's "Appeal to the Coloured Citizens of the World" (1829). I argue that, in his pamphlet, Walker mobilizes despair about the depth and seeming insurmountability of white supremacy to catalyze collective political agency and thereby emancipatory hope among Black Americans. This emancipatory potential of despair is grounded a distinction between the content of despair (a belief in the insurmountability of white supremacy) and its form as a political judgment made (...) in concert with others. Walker uses the form of despair as political judgment to effect a transformation in the political affect of Black Americans from a shared sense that there is nothing to be done to to a collective sense of a 'we' that can act to change the world. (shrink)

The falsity of moral claims is commonly deduced from two tenets: that they presuppose the existence of objective values and that these values don’t exist. Hence, the error theory concludes, moral claims are false. In this article, I put pressure on the image of human morality that is presupposed in moving from the non-existence of objective values to the falsity of moral claims. I argue that, while, understood in a certain way, the two premises of the error theory are correct, (...) this does not render moral discourse false, because moral objectivity is disanalogous to objectivity in empirical sciences and as such need not be characterized in terms of mind-independency. Using Dewey, I illuminate the possibility of accommodating the guiding intuitions of the error theory in a first-order account of morality. (shrink)