This article develops an intuitive idea of proportionality as a placeholder for a substantive conception of equality, and contrasts it with Ripstein’s ideas, as presented in an annual guest lecture to the Society of Applied Philosophy in 2016. It uses a discussion of racial profiling to illustrate the conceptual and normative differences between the two. The brief conclusion spells out my concern that talk of ‘proportionality’, though often helpful and, sometimes, necessary for moral reasoning, can end up concealing, (...) rather than illuminating, people’s claims to be treated as equals. (shrink)

According to the “standard framing” of racial appeals in political speech, politicians generally rely on coded language to communicate racial messages. Yet recent years have demonstrated that politicians often express quite explicit forms of racism in mainstream political discourse. The standard framing can explain neither why these appeals work politically nor how they work semantically. This paper moves beyond the standard framing, focusing on the politics and semantics of one type of explicit appeal, candid racial communication. The (...) linguistic vehicles of CRC are neither true code words, nor slurs, but a conventionally defined class of “racialized terms.”. (shrink)

As with terms such as “human rights”, “democracy”, and “equality”, the notion of “freedom” has an emblematic character with highly normative overtones. After the declaration of universal human rights, one might argue that freedom is – at least formally – a universal entitlement belonging to every human being. However, this universalist structure is built upon a conflictual foundation, as the juridico-political meaning of freedom is determined by the boundaries of national citizenship, statehood, and territorial sovereignty. This chapter examines refugeehood (...) as a normal by-product of the post-colonial world order, embodying the counter-history of nation-states whose internal borders, walls, and external fortifications are growingly being militarised and reinforced. Refugeehood represents an anomalous juridico-political condition that cannot be elucidated by colonial-racial binaries such as inclusion versus exclusion or rightlessness versus national citizenship. The central idea of this chapter is that, for refugees, the meaning of freedom and unfreedom are intertwined and should be approached as a dynamic relationship characterising the state of (non)-subjectivity. As political (non)-subjects, refugees call structural determinations of unfreedom into question. Refugees’ freedom is expressed in the act of flight and border crossing, irregular migratory movement, language games of resistance, and other emancipatory signifying practices by which they claim a place of refuge in the world. (shrink)

What kinds of norms constrain mechanistic discovery and explanation? In the mechanistic literature, the norms for good explanations are directly derived from answers to the metaphysical question of what explanations are. Prominent mechanistic accounts thus emphasize either ontic or epistemic norms. Still, mechanistic philosophers on both sides agree that there is no sharp distinction between the processes of discovery and explanation. Thus, it seems reasonable to expect that ontic and epistemic accounts of explanation will be accompanied by ontic and epistemic (...) accounts of discovery, respectively. As we will show here, however, recent discovery accounts implicitly rely on both ontic and epistemic norms to characterize the discovery process. In this paper, we develop an account that makes explicit that, and how, ontic and epistemic norms work together throughout the discovery process. By describing mechanism discovery as a process of pattern recognition we demonstrate that scientists have to develop epistemic activities to distinguish a pattern from its background. Furthermore, they have to determine which epistemic activities successfully describe how the pattern is implemented by identifying the pattern’s components. Our approach reveals that ontic and epistemic norms are equally important in mechanism discovery. (shrink)

The Psychosis of Race offers a unique and detailed account of the psychoanalytic significance of race, and the ongoing impact of racism in contemporary society. Moving beyond the well-trodden assertion that race is a social construction, and working against demands that simply call for more representational equality, The Psychosis of Race explores how the delusions, anxieties, and paranoia that frame our race relations can afford new insights into how we see, think, and understand race's pervasive appeal. With examples drawn (...) from politics and popular culture--such as Candyman, Get Out, and the music of Kendrick Lamar--critical attention is given to introducing as well as explicating on several key concepts from Lacanian psychoanalysis and the study of psychosis, including foreclosure, phallus, the Name-of-the-Father, sinthome, and the objet petit a. By elaborating a cultural mode to psychosis and its understanding, an original and critical exposition of the effects of racialization, as well as our ability to discern the very limits of our capacity to think through, or even beyond, the idea of race, is provided. The Psychosis of Race speaks to an emerging area in the study of psychoanalysis and race, and will appeal to scholars and academics across the fields of psychology, sociology, cultural studies, media studies, and the arts and humanities. (shrink)

In my Racialization: A Defense of the Concept, I argue that ‘race’ fails as an analytic category and that we should think in terms of ‘racialization’ and ‘racialized groups’ instead (Hochman 2019c). I define these concepts and defend them against a range of criticisms. In Rethinking Racialization: The Analytical Limits of Racialization, Deniz Uyan critiques my “theory of racialization” (Uyan 2021). However, I do not defend a theory of racialization; I defend the concept of racialization. I argue that racialization is (...) a useful idea, but I do not advance a theory to explain or predict the phenomena it describes. While Uyan’s critique therefore misses its mark, it raises important questions about the explanatory scope of the racialization concept. Ironically, I may be even more skeptical of the prospects of any general theory of racialization than Uyan. I argue that while we ought to develop theories to explain particular instances of racialization, we should not develop a general theory of racialization, because it is simply too varied in the agents that drive it, their intents, the mechanisms through which it operates, and the outcomes it produces. While hope for any general theory of racialisation should be abandoned, I argue that the racialisation concept is still extremely useful. It offers a necessary alternative to race realist concepts, allowing us to point to the wide-ranging effects of belief in race without falsely implying that race itself is real. Uyan does not focus on my arguments against racial realism. However, the theoretical failures and normative risks of racial realism motivate my defense of the racialization concept. In this paper, I reiterate my arguments against racial realism and offer further defense of the concepts of ‘racialization’ and ‘racialized group’. (shrink)

The history of gender challenges faced by women in elite sports is fraught with controversy and injustice. These athletes' unique physical beauty creates what appears to be a paradox yet is, in fact, scientifically predictable. Intense training for the highest levels of competition leads to unique bodily strength and rare beauty associated with specific anatomic changes, leading top athletes to be singled out as exceptions from their gender and even excluded from competing. Authorities like the IOC and IAF, as well (...) as coaches and fellow athletes, use traditional and sometimes racialized aesthetic norms as the basis for ungrounded judgments of "gender mis-identity." Misjudging the gender identity of elite athletes exemplifies a biased cognitive framework, a form of erroneous and damaging categorical perception that we call "perceptual sexism." We argue that perceptual sexism has a long history within aesthetic and competitive realms and is still perpetuated by popular culture. Correcting this will reduce injustices created by gender identity controversies. (shrink)

Mental content normativists hold that the mind’s conceptual contents are essentially normative. Many hold the view because they think that facts of the form “subject S possesses concept c” imply that S is enjoined by rules concerning the application of c in theoretical judgments. Some opponents independently raise an intuitive objection: even if there are such rules, S’s possession of the concept is not the source of the enjoinment. Hence, these rules do not support mental content normativism. Call this the (...) “Source Objection.” This paper refutes the Source Objection, outlining a key strand of the relationship between judgments and their contents in the process. Theoretical judgment and mental conceptual content are equally the source of enjoinment; norms for judging with contents do not derive from one at the expense of the other. (shrink)

In this book I argue that school integration is not a proxy for educational justice. I demonstrate that the evidence consistently shows the opposite is more typically the case. I then articulate and defend the idea of voluntary separation, which describes the effort to redefine, reclaim and redirect what it means to educate under preexisting conditions of segregation. In doing so, I further demonstrate how voluntary separation is consistent with the liberal democratic requirements of equality and citizenship. The position (...) I defend is not opposed to integration but rather is a justified response to the daily experience of frustration and disappointment with a system that has failed members of marginalized groups for too long. I argue that most voluntary separation experiments in education, far from being motivated by a sense of racial, cultural or religious exclusion, are in fact driven among other things by a desire for a quality education, not to mention community membership and self respect. As such, voluntary separation represents a morally robust pragmatic strategy that is able to answer liberal challenges concerning involuntary stratification, ethnocentrism and democratic deliberation. (shrink)

Social egalitarianism holds that justice requires that people relate to one another as equals. To explain the content of this requirement, social egalitarians often appeal to the moral equality of persons. This leads to two very different interpretations of social egalitarianism. The first involves the specification of a conception of the moral equality of persons that is distinctive of the social egalitarian view. Social (or relational) egalitarianism can then claim that for people to relate as equals is for (...) the relations between them to conform to this conception of their moral equality. I will argue against this type of view. Instead, I will argue that social egalitarianism should propose a distinctive conception of social equality as a purely sociological phenomenon. I will show how this conception allows us to formulate the types of normative claims social egalitarianism should make. On this picture, social egalitarianism, instead of identifying social hierarchy as a distinctive kind of wrong, makes standard normative claims about a distinctive kind of social phenomenon. (shrink)

Logical pluralism is the view that there is more than one correct logic. Most logical pluralists think that logic is normative in the sense that you make a mistake if you accept the premisses of a valid argument but reject its conclusion. Some authors have argued that this combination is self-undermining: Suppose that L1 and L2 are correct logics that coincide except for the argument from Γ to φ, which is valid in L1 but invalid in L2. If you accept (...) all sentences in Γ, then, by normativity, you make a mistake if you reject φ. In order to avoid mistakes, you should accept φ or suspend judgment about φ. Both options are problematic for pluralism. Can pluralists avoid this worry by rejecting the normativity of logic? I argue that they cannot. All else being equal, the argument goes through even if logic is not normative. (shrink)

What does it mean to treat people as equals when the legacies of feudalism, religious persecution, authoritarian and oligarchic government have shaped the landscape within which we must construct something better? This question has come to dominate much constitutional practice as well as philosophical inquiry in the past 50 years. The combination of Second Wave Feminism with the continuing struggle for racial equality in the 1970s brought into sharp relief the variety of ways in which people can be (...) treated unequally, while respecting the formalities of constitutional government. Most obviously, the content of laws can mistreat them by wrongfully assuming that they are either threats to others, or that, like children, they need to be protected from harm through paternalistic limitations on their freedom of action. Or, as those concerned with class inequality have long noted, formal equality can create legal requirements, permissions, and prohibitions whose burdens fall predictably, and often solely, on groups who are already marginalised, and most in need of state protection. (Kairys, David 1990) Above all, what these two great political movements made plain, is that a concern for group inequality and, specifically, group injustice must figure in the formulation and adjudication of individual rights, if legal protections for equality are adequately to combat the causes of inequality. Getting to grips with that challenge, it became obvious, required going beyond the familiar analyses of inequality inherited from Liberalism and Marxism, given the many different ways in which people can be equal or unequal.(Hackett and Haslanger 2006, 3 - 15) In the first part of this chapter, I will seek to illustrate these claims, by focusing on efforts to reframe the theory and practice of constitutional equality given demands for sexual and racial equality. I will then show that analytic philosophy has also come to recognise the various non-reducible dimensions of equality in ways that reinforce the claims of critical legal theory, even as philosophers highlight their disconcerting consequences. If equality has multiple irreducible dimensions, conflicts between the legitimate demands of equality are unavoidable features of law and politics, even in the best possible world, and are likely to be particularly painful when set against a background of historical injustice. The chapter concludes with the challenges to democratic constitutionalism, and the scope for constructive responses to those challenges, which the rapprochement between critical and analytic thinking on equality suggests. (shrink)

Many philosophical theories of causation are egalitarian, rejecting a distinction between causes and mere causal conditions. We sought to determine the extent to which people's causal judgments discriminate, selecting as causes counternormal events—those that violate norms of some kind—while rejecting non-violators. We found significant selectivity of this sort. Moreover, priming that encouraged more egalitarian judgments had little effect on subjects. We also found that omissions are as likely as actions to be judged as causes, and that counternormative selectivity appears to (...) apply equally to actions and omissions. (shrink)

Kant scholars have paid relatively little attention to his raciology. They assume that his racism, as personal prejudice, can be disentangled from his core philosophy. They also assume that racism contradicts his moral theory. In this book, philosopher Huaping Lu-Adler challenges both assumptions. She shows how Kant's raciology--divided into racialism and racism--is integral to his philosophical system. She also rejects the individualistic approach to Kant and racism. Instead, she uses the notion of racism as ideological formation to demonstrate how Kant, (...) from his social location both as a prominent scholar and as a lifelong educator, participated in the formation of modern racist ideology. As a scholar, Kant developed a ground-breaking scientific theory of race from the standpoint of a philosophical investigator of nature or Naturforscher. As an educator, he transmitted denigrating depictions of the racialized others and imbued those descriptions with normative relevance. In both roles, he left behind, as one of his legacies, a worldview that excluded non-whites from such goods as recognitional respect and candidacy for cultural and moral achievements. Scholars who research and teach Kant's philosophy therefore have an unshakable burden to take part in the ongoing antiracist struggles, through their teaching practices as well as their scholarship. And they must do so with a pragmatic attention to nonideal social realities and a deliberate orientation toward substantial racial justice, equality, and inclusion. Lu-Adler pushes the discourse about Kant and racism well beyond the old debates about whether he was racist or whether his racism contaminates his philosophy. By foregrounding the lasting legacies of Kant's raciology, her work calls for a profound reorientation of Kant scholarship. (shrink)

Philosophical reflection on racial profiling tends to take one of two forms. The first sees it as an example of ‘statistical discrimination,’ (SD), raising the question of when, if ever, probabilistic generalisations about group behaviour or characteristics can be used to judge particular individuals.(Applbaum 2014; Harcourt 2004; Hellman, 2014; Risse and Zeckhauser 2004; Risse 2007; Lippert-Rasmussen 2006; Lippert-Rasmussen 2007; Lippert-Rasmussen 2014) . This approach treats racial profiling as one example amongst many others of a general problem in egalitarian (...) political philosophy, occasioned by the fact that treating people as equals does not always require, or permit, us to treat them the same. The second form is concerned with how racial profiling illuminates the nature, justification, and reproduction of hierarchies of power and privilege based on skin colour and morphology. This form of reflection on racial profiling is therefore less about the justification for judging people based on the characteristics of the group to which they (appear to) belong, and more concerned with the specific ways in which the association of racialized minorities – and, in particular, black people – with crime, contributes to, and reflects, racial inequality, and oppression.(Kennedy 1998; Zack, 2015; Lever, 2005; Lever 2007). Both approaches to profiling have much to recommend them and, taken together, they form an essential component of the political philosophy of race. The statistical approach has the merits of linking racial profiling, as practice, to a body of other practices that generate and justify inequalities based on factors other than race, but it typically offers little by way of insight into the role of racial profiling itself in sustaining racial inequality and injustice. The racial construction approach, for obvious reasons, is rather better at the latter task, but its insights tend to come at the price of a broader understanding of the ways in which inequality is reproduced and justified, or of the ethical dilemmas raised by our competing claims to security. As we will see, insights from both approaches can be synthesized to clarify what, if anything, is wrong with racial profiling and what broader conclusions for equality and security follow from the study of profiling. (shrink)

Many have been attracted to the idea that for something to be good there just have to be reasons to favour it. This view has come to be known as the buck-passing account of value. According to this account, for pleasure to be good there need to be reasons for us to desire and pursue it. Likewise for liberty and equality to be values there have to be reasons for us to promote and preserve them. Extensive discussion has focussed (...) on some of the problems that the buck-passing account faces, such as the 'wrong kind of reason' problem. Less attention, however, has been paid as to why we should accept the buck-passing account or what the theoretical pay-offs and other implications of accepting it are. The Normative and the Evaluative provides the first comprehensive motivation and defence of the buck-passing account of value. Richard Rowland argues that the buck-passing account explains several important features of the relationship between reasons and value, as well as the relationship between the different varieties of value, in a way that its competitors do not. He shows that alternatives to the buck-passing account are inconsistent with important views in normative ethics, uninformative, and at odds with the way in which we should see practical and epistemic normativity as related. In addition, he extends the buck-passing account to provide an account of moral properties as well as all other normative and deontic properties and concepts, such as fittingness and ought, in terms of reasons. (shrink)

Many political philosophers argue that a principle of ‘fair equality of opportunity’ ought to extend beyond national borders. I agree that there is a place for FEO in a theory of global justice. However, I think that the idea of cross-border FEO is indeterminate between three different principles. Part of my work in this paper is methodological: I identify three different principles of cross-border fair equality of opportunity and I distinguish them from each other. The other part of (...) my work in this paper is normative: I argue that we should endorse only two of the three principles of cross-border fair equality of opportunity and that we shouldreject the third. Importantly, I think that we should reject the one version of transnational fair equality of opportunity that most advocates of such a principle appear to endorse. (shrink)

Stephen Palmquist is Professor of Religion and Philosophy at Hong Kong Baptist University. We invited him to answer the question "What norms or values define excellent philosophy of religion? as part of our "Philosophers of Religion on Philosophy of Religion" series. If we regard this as a philosophical (not a scientific) question, then the first step to answering it is to determine what norms or values define excellent philosophy, in general. Once that is established, we can inquire whether the nature (...) of religion brings with it any special features that make the task of doing excellent philosophy of religion unique. Unlike scientific explanations, excellent philosophical explanations must be multi-perspectival. A question that has only one right answer is not philosophical; instead, it is likely to be about facts. While we philosophers should care (deeply!) about any facts relevant to our inquiries, our peculiar way of interpreting facts means that answering a philosophical question cannot be done in one absolutely "right" way. This does not mean there are no right answers to philosophical questions; rather, there are many. But this does not make any answer equally good; for there would then be no such thing as excellent philosophy. The essentially perspectival nature of all genuinely philosophical questions means that the correctness of each purportedly "right" answer must be assessed in terms of its aptness for the perspective the questioner adopts when posing the question. A single question, such as "Does God exist?" can have many good answers, depending on whether the questioner assumes science, morality, aesthetics, or something else as the context. Each different type of inquiry has different boundary-conditions, so a good answer within each context is bound to differ from those in other contexts. Bad philosophy typically lacks depth: like a cyclops, its approach to answering questions is mono-perspectival. But if good philosophy acknowledges perspectives, what makes philosophy excellent? Good philosophy achieves excellence when it approaches a completeness whereby we begin to understand the range of relevant perspectives from which a given question can be asked, and the distinct boundary-conditions for answering it properly from each relevant perspective. Before applying this definition of excellent philosophy to the specific case at hand, we must pause to consider whether anything distinctive characterizes the range of philosophical topics and questions that typically come under the umbrella of philosophy of religion. In particular, does religion have features that make it especially difficult (or for that matter, easy) to think about philosophically, compared to other philosophical topics? Yes and no. (shrink)

Despite the attention equality before the law has received, both laudatory and critical, peculiarly little has been done to precisely define it. The first ambition of this paper is to remedy this, by exploring the various ways in which a principle of equality before the law can be understood and suggest a concise definition. With a clearer understanding of the principle in hand we are better equipped to assess traditional critique of the principle. Doing so is the second (...) ambition of this paper. I will argue that traditional criticisms are unpersuasive, but that there is a different, powerful argument against equality before the law. The third ambition of the paper is to argue that there is a sense, overlooked by both proponents and critics, in which the principle still captures something important, albeit at the cost of shifting from intrinsic to instrumental value. (shrink)

This chapter concerns the normativity of the concepts of paternalism and libertarian paternalism. The first concept is central in evaluating public health policy, but its meaning is controversial. The second concept is equally controversial and has received much attention recently. It may or may not shape the future evaluation of public health policy. In order to facilitate honest and fruitful debate, I consider three approaches to these concepts, in terms of their normativity. Concepts, I claim, may be considered nonnormative, normatively (...) charged, or normative in that they involve more complex relationships between values or duties. While the last approach is often best, other approaches may be appropriate depending on the context and purpose of discussion. The chapter’s conceptual investigation is illustrated by application to two public health policies: a tax on the consumption of fat and the encouragement of health-promoting food displays in restaurants and supermarkets. (shrink)

According to Corey Brettschneider, we can protect freedom of religion and promote equality, by distinguishing religious groups’ claims to freedom of expression and association from their claims to financial and verbal support from the state. I am very sympathetic to this position, which fits well with my own views of democratic rights and duties, and with the importance of recognizing the scope for political choice which democratic politics offers to governments and to citizens. This room for political choice, I (...) believe, is necessary if people are to have any chance of reconciling the conflicting moral and political obligations they are likely to face, however idealized our conception of democracy or morality. Granted that no amount of personal and political choice will ever guarantee that we do not encounter tragic choices, and painfully conflicting moral demands, it is an important feature of democracy – or so I believe – that its rights reflect the importance of mitigating these conflicts so that people are able, as a rule, to act as they ought, so that they do not experience their moral sentiments, beliefs and capacities simply as grounds for recrimination, alienation and despair. I therefore believe that democracies have good reason not to force the consciences of the undemocratic and the intolerant, where it is possible to accommodate such people without threatening the rights of others. However, the fact that I share many of Brettschneider’s intuitions and beliefs does not mean that I share them all. In particular, I find his conception of democracy unduly narrow, and unduly based on a rather idealized conception of the American constitution which is unlikely to appeal to those whose conceptions of democracy are more republican, more socialist, more pragmatic and more international than his. I have explained these worries elsewhere and drawn out some of their implications for his arguments about privacy and judicial review. There is no need to repeat them here. I will also set to one side my worries about his uninflected, overly abstract and rather reified characterization of the State, in the hope that others will discuss this and that, in the end, a more nuanced conception of the State and a more lively appreciation of the conflicting people, institutions, histories and norms which make up most states, will prove consistent with his arguments. Finally, I do not propose to enter into a detailed discussion of the difficulties of Brettschneider’s overly abstract and reified conception of State ‘speech’ and ‘expression’ which, while motivated by the language of American constitutionalism, appears to cover pretty much anything a government might do, from raising and spending taxes, to accepting judicial interpretations of contested constitutional provisions, or to affirmatively pronouncing on the goals that will animate its legislative agenda and its aspirations for citizen’s lives. Again, while I would have wished for a more nuanced and analytical discussion of so central a concept as ‘expression’ and, in particular, expression by ‘the State’, I am uncertain that anything fundamental in Brettschneider’s account of citizen rights and duties would be altered in the process. Instead, then, I want to focus on points in Brettschneider’s argument that intrigue, and sometimes puzzle, me the most and where issues of nuance and clarification might make a substantial difference to our views of equality and religious freedom. (shrink)

This essay examines the connection between socioeconomic mobility and equality, and argues for two conclusions: (a) Socioeconomic mobility is conceptually distinct from three common species of equality: (1) equality of opportunity, (2) equality of outcome, and (3) relational equality. -/- (b) However, socioeconomic mobility is connected — in different ways — to each species of equality, and, if we value one or more of these species of equality, these connections endow mobility with derivative (...) normative significance. (shrink)

While this article aims to explore the connections between citizenship and ‘race’, it is the first study to use fictional tools as a sociological resource in exemplifying the deviation between citizenship in principle and practice in an Austrian context. The study involves interviews with 73 Austrians from three ethnic/racial groups, which were subjected to a directed approach to qualitative content analysis and coded based on sentences from George Orwell’s fictional book, ‘Animal Farm’. By using fiction as a conceptual and (...) analytical device, this article goes beyond the orthodox particulars of citizenship to expose the compressed entitlements of some racial/ethnic minorities. In particular, data analysis revealed two related and intertwined central themes: (a) “all animals are not equal or comrades”; and (b) “some animals are more equal than others”. All ‘animals’ may be equal in principle, whereas, in practice, their ‘race’ serves as a critical source of social (dis)advantage in the ‘animal kingdom’. Thus, since citizenship is a precondition for possessing certain rights that non-citizens are not granted, I argue that citizenship cannot only be judged by whom it, in theory, excludes (i.e., non-citizens), but also by how it treats the included (i.e., citizens) on the basis of their ‘race’. I conclude that skin colour is a specific aspect of the hierarchy of citizenship in Austria, which reinforces that ‘some animals are more equal than others’. (shrink)

According to Mathias Risse and Richard Zeckhauser, racial profiling can be justified in a society, such as the contemporary United States, where the legacy of slavery and segregation is found in lesser but, nonetheless, troubling forms of racial inequality. Racial profiling, Risse and Zeckhauser recognize, is often marked by police abuse and the harassment of racial minorities and by the disproportionate use of race in profiling. These, on their view, are unjustified. But, they contend, this does (...) not mean that all forms of racial profiling are unjustified; nor, they claim, need one be indifferent to the harms of racism in order to justify racial profiling. In fact, one of the aims of their paper is to show that racial profiling, suitably understood, “is consistent with support for far-reaching measures to decrease racial inequities and inequality.” Hence, one of their most striking claims, in an original and provocative paper, is that one can endorse racial profiling without being in any way indifferent to the disadvantaged status of racial minorities. In an initial response to these claims, I argued that Risse and Zeckhauser tend to underestimate the harms of racial profiling. I suggested two main reasons why they did so. The first is that they tend to identify the more serious harms associated with profiling with background racism, and therefore to believe that these are not properly attributable to profiling itself. The second reason is that they ignore the ways in which background racism makes even relatively minor harms harder to bear and to justify than would otherwise be the case. Hence, I concluded, racial profiling cannot be a normal part of police practice in a society still struggling with racism, although under very special conditions and with special regulation and compensation in place, it might be justified as an extraordinary police measure. I want to stand by those claims. However, Risse’s response to my arguments persuades me that I misinterpreted his earlier position in one significant respect. So I will start by explaining what interpretive mistake I believe that I made. I will then argue that despite Risse’s patient and careful response to my arguments, my initial concerns with his justification of profiling remain valid. -/- . (shrink)

Discrimination, understood as differential treatment of individuals on the basis of their respective group memberships, is widely considered to be morally wrong. This moral judgment is backed in many jurisdictions with the passage of equality of opportunity legislation, which aims to ensure that racial, ethnic, religious, sexual, sexual-orientation, disability and other groups are not subjected to discrimination. This chapter explores the conceptual underpinnings of discrimination and equality of opportunity using the tools of analytical moral and political philosophy.

Several democratic theorists have recently sought to vindicate the ideal of equal political power (“political equality”) by tying it to the non-derivative value of egalitarian relationships. This chapter critically discusses such arguments. It clarifies what it takes to vindicate the ideal of political equality, and distinguishes different versions of the relational egalitarian argument for it. Some such arguments appeal to the example of a society without social status inequality (such as caste or class structures); others to personal relationships (...) among equals, like friendship. Each strategy faces problems. After discussing what social status consists in, the chapter argues that social status equality does not require an equal distribution of power, but only that unequal distributions are not justified on grounds incompatible with the citizens’ fundamental equal moral standing. By contrast, personal relationships among equals do require equal power; but establishing that their norms apply to our political community is challenging. (shrink)

The struggle by black people to obtain freedom, justice, and dignity is as old as this nation. At times, great and inspiring leaders rose out of desperate situations to give confidence and feelings of empowerment to the black community. Most of these leaders urged their people to strive for racial equality. They were firmly wedded to the idea that the courts and judiciary were the vehicle to better the social position of blacks. In spite of dramatic civil rights (...) movements and periodic victories in the legislatures, black Americans by no means are equal to whites. Racial equality is, in fact, not a realistic goal. By constantly aiming for a status that is unobtainable in a perilously racist America, black Americans face frustration and despair. Over time, our persistent quest for integration has hardened into self-defeating rigidity. (shrink)

The proliferation of work by autistic writers continues apace, defying a long and multidisciplinary tradition of constructing autistic people as lacking the capacity for narration. To study neurodivergent literature, then, is to witness the refusal of these exclusionary narrative conventions, and to register the ideological presuppositions that underpin pathologization. In this article, I engage with recent insights from Neurodiversity Studies to explore the connections between narrative neuronormativity and other discourses of oppression, especially those that have generated racialized, gendered, and colonial (...) narratives of desubjectification. Focusing on the neuroqueer movement—an emergent practice of disidentification that refuses the interpellations of neuronormativity, ableism, heteronormativity, and cisnormativity—I discuss the concept of allism, arguing that this satirical critique of pathologization harbors a deconstructive force that denaturalizes the dialectic of recognition. Pursuing the discursive context and theoretical implications of this critique, I provide a short genealogy of narrative neuronormativity, connecting the operation of the dialectic in the early novel to the clinical texts of child psychology. To demonstrate the neuroqueer subversion of this tradition, I then read An Unkindness of Ghosts, by Rivers Solomon, a text that stages a disidentification with storytelling. Protagonist Aster’s neuroqueer refusal indexes the concomitance of the construction of Blackness as an ontological foil for whiteness and the construction of autism as a standard of disordered sociality that neuronorms can be measured against. My reading of Unkindness suggests that the extant techniques of literary narratorship are political instruments that will, unless repurposed, continue to disseminate these dispossessive dialectics. (shrink)

If we compare it with the fellow notion of liberty, equality has an ambivalent place in modern political thinking. Whilst it counts as one of the fundamental norms, many think that equality is valuable only as a way to realise some features of liberty. I take a historical perspective on this issue, and try to identify some of the pre-modern roots of such an ambivalent attitude towards equality. I do this by using Jacques Rancière’s political model as (...) an analytical framework and by taking a visual route, focusing on classical iconographic representations in which equality was present in the images’ subtexts. Ambrogio Lorenzetti’s allegory of good government is one iconic exposition of equality as a positive condition of civil peace. Already there, however, the positive value of equality is counterposed to the figure of violent retributive justice. Similarly, in the Christian narrative, equality is endorsed as the original condition of creatures under God, but is also associated with violent death. This signals one pre-modern root behind the ambivalence towards equality, particularly when the latter is understood dynamically, as levelling. Such a reversal of value finds an apotheosis, I suggest, in the revolutionary icon of the guillotine, a dramatic representation of equalisation that had a strong influence on modern political thinking. In J. E. Millais’ first painting, of Jesus in the House of his Parents, I find a more positive legacy of Christian equality in modern political thinking. (shrink)

How, if at all, should race figure in criminal trials with a jury? How far should attorneys be allowed or encouraged to probe the racial sensitivities of jurors and what does this mean for the appropriate way to present cases which involve racial profiling and, therefore, are likely to pit the words and actions of a white policeman against those of a young black man?

Taking equality seriously means that we ought to consider the ways in which persons are not only unfairly advantaged or disadvantaged from the start – e.g., through genetic inheritance, wealth, or a parent’s educational background – but also how opportunities and rewards that result from these basic inequalities are later exacerbated in the distribution of goods and opportunities. The basic point of equality as a normative principle is not that everyone have similar things or achieve similar outcomes, that (...) would be undesirable both for reasons having to do with individual liberty as well as social need. (shrink)

RésuméEn réponse à l'article de D. C. Matthew, « Racial Integration and the Problem of Relational Devaluation », j'examine la politique de la beauté physique à l'intersection entre les catégories de race et de genre. J’évalue et je rejette l'affirmation de Matthew selon laquelle être perçu comme physiquement attrayant se traduit à coup sûr soit par un bon traitement, soit par une haute estime de soi. Je soutiens que, au contraire, le genre peut fonctionner comme un moyen de contrôle (...) social, dans lequel le désir du corps des femmes n'apporte aucun bon traitement ni n'améliore leur estime de soi. Ce problème peut persister au sein des communautés raciales intragroupes autoségréguées. (shrink)

Why do we have social norms—of fairness, cooperation, trust, property, or gender? Modern-day Humeans, as I call them, believe these norms are best accounted for in cultural evolutionary terms, as adaptive solutions to recurrent problems of social interaction. In this paper, I discuss a challenge to this “Humean Program.” Social norms involve widespread behaviors, but also distinctive psychological attitudes and dispositions. According to the challenge, Humean accounts of norms leave their psychological side unexplained. They explain, say, why we share equally, (...) but not why we disapprove of those who don’t. I defend the Humean Program against this challenge. In particular, I suggest an idea for how to extend the Program to account for the psychological side of norms. Socially adaptive behaviors aren’t just likely to emerge in a group; They are also likely to be widely taught within it. The transmission of these behaviors through instruction explains why they are associated with distinctive normative attitudes and dispositions. These attitudes play a pedagogical role in helping transmit these behaviors to children and newcomers. (shrink)

The term “environmental justice” carries with it a sort of ambiguity. On the one hand, it refers to a movement of social activism in which those involved fight and argue for fairer, more equitable distribution of environmental goods and equal treatment of environmental duties. This movement is related to, and ideally informed by, the second use of the term, which refers to the academic discipline associated with legal regulations and theories of justice and ethics with regard to sustainability, the environment, (...) and ecology. It is this latter, more academic—though vast and interdisciplinary—use of the term that is the subject of this essay. However, activists who pay careful attention to the arguments offered with regard to the political, legal, social, and philosophical treatments of these issues are potentially in a stronger position with regard to their own social movement. In that way, the two uses of the term may progress hand in hand. More broadly, however, the foundational claim about which both grassroots activists and legal, ethical, and policy advocates can agree is that environmental burdens—climate change, pollution, and their associated health risks—are borne disproportionately by the poorest and most vulnerable populations, and tend to have the greatest impact on racial and ethnic minorities, no matter where they are in the world. This is what makes the empirical questions about the environment a normative question about justice. (shrink)

This paper proposes that the question “What should I believe?” is to be answered in the same way as the question “What should I do?,” a view I call Equal Treatment. After clarifying the relevant sense of “should,” I point out advantages that Equal Treatment has over both simple and subtle evidentialist alternatives, including versions that distinguish what one should believe from what one should get oneself to believe. I then discuss views on which there is a distinctively epistemic sense (...) of should. Next I reply to an objection which alleges that non-evidential considerations cannot serve as reasons for which one believes. I then situate Equal Treatment in a broader theoretical framework, discussing connections to rationality, justification, knowledge, and theoretical vs. practical reasoning. Finally, I show how Equal Treatment has important implications for a wide variety of issues, including the status of religious belief, philosophical skepticism, racial profiling and gender stereotyping, and certain issues in psychology, such as depressive realism and positive illusions. (shrink)

Are rights to privacy consistent with sexual equality? In a brief, but influential, article Catherine MacKinnon trenchantly laid out feminist criticisms of the right to privacy. In “Privacy v. Equality: Beyond Roe v. Wade” she linked familiar objections to the right to privacy and connected them to the fate of abortion rights in the U.S.A. (MacKinnon, 1983, 93-102). For many feminists, the Supreme Court’s decision in Roe v. Wade (1973) had suggested that, notwithstanding a dubious past, legal rights (...) to privacy might serve feminist objectives, and prove consistent with sexual equality. By arguing that Roe’s privacy justification of abortion rights was directly responsible for the weakness and vulnerability of abortion rights in America, MacKinnon took aim at feminist hopes for the right to privacy at their strongest point. Maintaining that Roe’s privacy justification of abortion is intimately, and not contingently, related to the Supreme Court’s subsequent decision in Harris v. McRae, (1980) MacKinnon concluded that privacy rights cannot be reconciled with the freedom and equality of women, and so can have no place in a democracy.1 In Harris, the Supreme Court held that the State need not provide Medicaid coverage for abortions that are necessary to preserve the health, but not the life, of a pregnant woman, effectively depriving poor women of almost all state aid for abortions.2 Moreover, the Court’s subsequent decision in Bowers v . Hardwick (1986) appeared to confirm the truth of MacKinnon’s observation – though this case concerned gay rights, rather than abortion rights, and occurred several years after MacKinnon’s condemnation of Harris. -/- This paper examines MacKinnon’s claims about the relationship of rights to privacy and equality in light of the reasoning in Harris and Bowers. When we contrast the Majority and Minority decisions in these cases, it shows, we can distinguish interpretations of the right to privacy that are consistent with sexual equality from those that are not. This is not simply because the two differ in their consequences – though they do - but because the former, unlike the latter, rely on empirical and normative assumptions that would justify sexual inequality whatever right they were used to interpret. So while I agree with MacKinnon that the Majority’s interpretation of the right to privacy in Harris is inconsistent with the equality of men and women, I show that there is no inherent inconsistency in valuing both privacy and equality, and no reason why we must chose to protect the one, rather than the other. Indeed, an examination of MacKinnon’s article, I suggest, can help us to see why rights to privacy can be part of a scheme of democratic rights, and how we might go about democratising the right to privacy in future. To avoid confusion I should emphasise that my arguments are of a philosophical, not a legal, nature. Thus, I will be ignoring the specifically legal and constitutional aspects of MacKinnon’s article, and of the Supreme Court decisions, in order to bring their philosophical significance into focus. -/- . (shrink)

Anchored in a decolonial framework, we understand race and gender as co-constructions of colonial modernity. Drawing on María Lugones’ concept of the colonial/modern gender system, we show that non-normative racialized trans subjects are pathologized through the imposition of a racial-colonial system of binary gender. We argue that coloniality, when adopted into the medical-psychiatric apparatus, takes shape as transnormativity: an individualized, medicalized form of trans identity which is rooted in a white, Western understanding of gender. Building on Jasbir Puar’s framework (...) of homonationalism and trans(homo)nationalism, and critiques of assimilationist queer politics through the lens of racial capitalism and anti-imperialism, we argue that trans(homo)nationalism is the absorption of transnormativity into the broader operations of state power, and see transnormativity as an extension of coloniality, operating as neo-colonialism. We argue that the political implications of trans(homo)nationalism include the sanctioning of violence against and the marginalization of non-normative and racialized trans subjects, and the continued imposition of a regime of racialized normative gendering. This assimilationist nationalist agenda is funneled through the for-profit medical-psychiatric apparatus wherein transition is co-opted into a curative, progress-based temporality. Looking to theorizations of trans temporality, we critique notions of linearity and futurity insofar as they bolster the deployment of racist, nationalist, imperialist state agendas. We articulate a vision for futurity grounded in a trans of color framework which resists assimilation into normativized gender, and call for truly radical futures for trans people which resist medicalized forms of trans identity which subscribe to the colonial, white, Western ideals of gender. (shrink)

While the intersection between race and religion has been an important site for research for the sociology of religion and religious studies (in its descriptive dimensions) as well as theology (in its religiously normative dimensions), neither of these disciplines has incorporated recent work in the analytic philosophy of race. Analytic philosophy of race, for its part, has largely neglected the race/religion intersection, while analytic theologians by and large ignore the theological significance of race altogether. In this paper I aim to (...) draw together these distinct disciplinary contributions—social-historical, philosophical and normative-theological—into a single integrated framework for a research program in analytic theology. I call that framework “religious racial formation theory,” and I claim that the work of specifying a determinate religious racial formation theory is not merely a (normatively driven) sociological and historical task but a necessarily philosophical one. I then detail what sorts of metaphysical determinations are required in order to yield an adequate explanation of the intersection uncovered by the socio-historical data summarized in the first section. (shrink)

While recent scholarship has argued for the utility of W. E. B. Du Bois’s thought for democratic theory, his career-long emphasis on the problem of social equality—and the solution of self-conscious manhood—has gone largely unnoticed. In this article, I argue that while Du Bois’s emphasis on social equality powerfully situates racial oppression as a social and epistemic problem, his solution of self-conscious manhood paradoxically reproduces the very conditions of social inequality he seeks to combat. Open to people (...) of all races, genders, and classes, the path of self-conscious manhood consists in radical truth-telling, a free anarchy of the spirit, a will to strive and act, and the purity of isolation. However, through a close reading of Du Bois’s biographies, editorials, and fiction, I show that self-conscious manhood centers an exclusionary and atomized ethic of self-creation rather than producing a democratic political and social order. (shrink)

Social psychologists often describe “implicit” racial biases as entirely unconscious, and as mere associations between groups and traits, which lack intentional content, e.g., we associate “black” and “athletic” in much the same way we associate “salt” and “pepper.” However, recent empirical evidence consistently suggests that individuals are aware of their implicit biases, albeit in partial, inarticulate, or even distorted ways. Moreover, evidence suggests that implicit biases are not “dumb” semantic associations, but instead reflect our skillful, norm-sensitive, and embodied (...) engagement with social reality. This essay draws on phenomenological and hermeneutic methods and concepts to better understand what social-psychological research has begun to reveal about the conscious access individuals have to their own racial attitudes, as well as the intentional contents of the attitudes themselves. -/- First, I argue that implicit racial biases form part of the “background” of social experience. That is, while they exert a pervasive influence on our perceptions, judgments, and actions, they are frequently felt but not noticed, or noticed but misinterpreted. Second, I argue that our unreflective racial attitudes are neither mere associations nor fully articulated, propositionally structured beliefs or emotions. Their intentional contents are fundamentally indeterminate. For example, when a white person experiences a “gut feeling” of discomfort during an interaction with a black person, there is a question about the meaning or nature of that discomfort. Is it a fear of black people? Is it anxiety about appearing racist? There is, I argue, no general, determinate answer to such questions. The contents of our unreflective racial attitudes are fundamentally vague and open-ended, although I explain how they nevertheless take on particular shapes and implications—that is, their content can become determinate—depending on context, social meaning, and structural power relations. (If, for example, a perceived authority figure, such as a politician, parent, or scientist, encourages you to believe that your uncomfortable gut feeling is a justified fear of other social groups, then that is what your gut feeling is likely to become.). (shrink)

This article explains how social norms can help to distinguish and understand a range of different kinds of social inequality and social hierarchy. My aim is to show how the literature on social norms can provide crucial resources to relational egalitarianism, which has made social equality and inequality into a central topic of contemporary normative political theorizing. The hope is that a more discriminating and detailed picture of different kinds of social inequality will help relational egalitarians move beyond a (...) discussion of the justice or injustice of social equality as a single general category. (shrink)

In her recent book, Faces of Inequality (2020), Moreau aims at developing a normative account of discrimination that is guided by the main features of anti-discrimination law. The critical comment argues against this methodology, indicating that due to indeterminacy relative to their underlying normative principles, central anti-discrimination norms cannot fulfill this guiding role. Further, using the content of such norms to guide ethical discussions is likely to be misleading, as it reflects evidentiary considerations that are unique to the legal context. (...) The critical comment’s claims are developed based on a close examination of indirect discrimination (or disparate impact) norms, and, as such, have wider implications for ongoing moral and political debates that are heavily influenced by the content of these norms. (shrink)

As part of recent epistemic challenges to democracy, some have endorsed the implementation of epistemic constraints on voting, institutional mechanisms that bar incompetent voters from participating in public decision-making procedures. This proposal is often considered incompatible with a commitment to political equality. In this paper, I aim to dispute the strength of this latter claim by offering a theoretical justification for epistemic constraints on voting that does not rest on antiegalitarian commitments. Call this the civic accountability justification for epistemic (...) constraints on voting. On this view, voters stand to one another in a normative relation of reciprocal accountability that requires them to uphold an epistemically responsible conduct. Modest epistemic constraints on voting are justifiable because they secure that participation in voting is conforming to this normative requirement. Thanks to its distinctive features, the civic accountability justification can overcome two problems that egalitarians commonly associate with the idea of epistemic constraints on voting: the disrespect problem and the hierarchy problem. (shrink)

The paper critically discusses the dualism in the interpretation of the moral basis of public reason. We argue that in order to maintain the complementarity of both liberal and democratic values within the debate on public reason, the arguments from liberty and from civic friendship cannot be considered in isolation. With regard to the argument from liberty, we contend that because the idea of natural liberty is an indispensable starting point of liberal theory, no explanation of the justification of political (...) power can do without it. In particular, we focus on the requirement of reasonableness and show that we should retain the epistemic aspect of the reasonableness of persons. The main reason for this is to be found in the criterion of reciprocity which provides the deepest justification of the respect for people’s liberty – that is, the liberal aspect of liberal democracy. At the same time, however, we argue that reciprocity also provides the grounds for responding to the criticism that the essentially liberal approach fails to adequately take into consideration the role of political community. Because reciprocity may also be interpreted as being based on civic friendship, it provides the resources to respond to such criticism. It thus supplies the normative background also for the second, democratic pillar of public reason. We then critically examine the newly emerging approach built predominantly on the argument from civic friendship, arguing that by prioritising the civic friendship interpretation and, at times, tending to completely abandon the liberty-based one, it overlooks the indispensability of liberty-based considerations for the criterion of reciprocity. We conclude that in order to adequately capture the common liberal-democratic basis of public reason, both interpretations of reciprocity must be linked within a comprehensive account. (shrink)

In the context of the perpetual reproduction of consumerism in contemporary western societies, the varied and often contradictory principles of third wave feminism have been misunderstood or redefined by the dominant economic discourse of the markets. The lack of homogeneity in the theoretical debates of the third wave feminism seems to be a vulnerable point in the appropriation of its emancipatory ideals by the post-modern consumerist narratives. The beauty norm, particularly, brings the most problematic questions forth in the contemporary (...) feminist dialogues. In this paper I will examine the validity of the concept of empowerment through practices of the body, practices that constitute the socially legitimized identity of women in a consumerist western society. My thesis is that the beauty norm is constructed as a socio-political instrument in order to preserve the old, patriarchal regulation of women’s bodies. Due to the power of invisibility of the new mechanisms of social control and subjection, the consumerist discourse offers the most effective political tool for gender inequality and a complex discussion about free will and emancipation in third wave feminism debates. This delicate theoretical issues question not only the existent social order, but the very political purposes of contemporary feminism. (shrink)

This essay explores the intersection of racism, racial embodiment theory and the recent hostility aimed at immigrants and foreigners in the United States, especially the targeting of people of Latin American descent and Latino/as. Anti-immigrant and anti-foreigner sentiment is racist. It is the embodiment of racial privilege for those who wield it and the materiality of racial difference for those it is used against. This manifestation of racial privilege and difference rests upon a redrawing of the (...) color line that is meant towards preserving exclusive categories of political membership. The charge of racism, however, is elided by the fact that this hostility takes the form of a specious embracement of law and lawfulness. “Illegal” in this sense not only captures the actions of those who enter the United States through clandestine or informal means, but, in light of the history of immigration and citizen- ship law, the term operates as a racial trope that designates non-white status, thus marginalizing and alienating certain immigrants from ongoing nation-formation processes. I explain the source for anti-immigrant hostility in the United States, which I take to be connected to the longevity of white normativity as the basis for American identity. I then critically assess how the idea of national belonging is crucial to the perpetuation of white-ways-of-being, especially when citizenship has historically been a venue for the embodiment of racial and even colonial privilege. I conclude by posing several questions about the nature of racial identities and racism that suggest new avenues for further research on racial embodiment in a “postracial” era. pp. 65–90. (shrink)

Natalie Stoljar posits that those who have internalized oppressive norms lack normative competence, which requires true beliefs and critical reflection. A lack of normative competence makes agents nonautonomous, according to Stoljar. This framework is thereby meant to address what she calls the “feminist intuition”—the intuition that oppressive norms are incompatible with autonomy. On my view, however, Stoljar’s normative competence account of autonomy is subject to a worrying problem. Her account misattributes nonautonomy to those who perpetrate the oppression, making those who (...) are oppressed and those who oppress count as equally nonautonomous. I argue that this is implausible and demonstrate in this paper that we can establish an asymmetry of autonomy between those who oppress others and those who are made the target of oppression. (shrink)

I submit that the critical epistemology of race and standpoint literature has not explicitly focused on the properties of information about, say, racial or gender injustice in a way similar to how epistemologists have focused on propositions and information when they describe propositional justification. I describe information in the racial-injustice-information domain in a way similar to how epistemologists describe propositional justification. To this end, I argue (C1) that if subjects in racially unjust societies tend to violate norms that (...) promote a community’s reliable information flow because racial prejudice is widely held in racially unjust societies, then racial injustice can make information flow less reliably in a community. I also argue (C2) that if racial prejudice can make information flow less reliably in a community, then information that non-dominant subjects are more likely to have will less reliably flow to community members who lack it. (shrink)