The word “intolerance” bears almost exclusively negative connotations. It is treated invariably, almost ideologically as a vice. What would it mean to reconceive of intolerance as a virtue—or, at the very least, a positive affect? In this essay, I analyze two complementary archives of positive intolerance: the records of the Prisons Information Group (the GIP) and the writings of one of its members: Michel Foucault. For the GIP, intolerance—as a militant refusal of intolerable material and political conditions—is essential to the (...) prison activist effort. Relatedly, for Foucault, scholarship—as the creative and/or critical act of naming and changing public awareness of intolerable conditions—can be a mode of political intolerance against an oppressive state. When paired together, these two archives trouble the easy severance of theory and practice, suggesting both that prison resistance efforts involve intellectual assessments of the intolerable and that engaged scholarship often doubles as intolerant activism. Both archives, moreover, agree that such intolerant activism is always rooted in personal investments and local struggles. This analysis allows me to suggest that, if the struggle against forces of marginalization and exploitation mobilizes resistant intolerance as a political and intellectual strategy, then intolerance may very well be commendable. It might, in fact, be virtuous. (shrink)

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

Antibiotic-resistant bacteria pose a serious threat to our health. Our ability to destroy deadly bacteria by using antibiotics have not only improved our lives by curing infections, it also allows us to undertake otherwise dangerous treatments from chemotherapies to invasive surgeries. The emergence of antibiotic resistance, I argue, is a consequence of various iterations of prisoner’s dilemmas. To wit, each participant (from patients to nations) has rational self-interest to pursue a course of action that is suboptimal for all of (...) us. The standard solutions to prisoner’s dilemma look to realign cost-benefit such that individuals’ interests match those of the collective. However, the lack of a global organization to enforce an effective carrot-and-stick system makes it unlikely that we can solve the antibiotic resistance problem this way. I argue that our best chance might be an attempt to teach altruism and convince individuals to act not out of their self-interests. (shrink)

This paper examines how a delusive social imaginary of criminal-justice has underpinned contemporary U.S. mass incarceration and encouraged widespread indifference to its violence. I trace the complicity of this criminal-justice imaginary with state-organized violence by comparing it to an imaginary that supported colonial violence. I conclude by discussing how those of us outside of prison can begin to resist the entrenched images and institutions of mass incarceration by engaging the work and imagining the perspective of incarcerated people.

Plea bargains are the stock-in-trade of the modern American prosecutor’s office. The basic scenario, wherein a defendant agrees to plea guilty in exchange for a reduced sentence, is familiar to viewers of police procedurals. In an equally famous variation on the theme, the prosecutor requests something more than an admission of guilt: leniency will only be forthcoming if the defendant is willing to cooperate with the prosecutor in securing the conviction of another suspect. In some of these cases, the defendant (...) is a low-level criminal who has information on a high-level malefactor who is of more interest to the police. In others, the defendant and the person she is asked to testify against are of the same criminal rank, but evidentiary weaknesses induce the prosecutor to seek the aid of one suspect in order to convict the other. In this latter version, the classic tactic of film detectives is to offer the bargain to both defendants in the hopes that one will crack and agree to reveal what he knows about the other. The defendants could either be in custody for different crimes or be accomplices in the same offense. -/- The last variation (involving accomplices) is the subject of this Article. I take issue with the prosecutorial tactics in these cases because of the risk they create of punishing the comparatively virtuous person more than the comparatively vicious one for the same acts. As I will argue, it is the less honest person who is more likely to accept the prosecutor’s deal, leading the more honest person, who resisted temptation, to suffer greater penalties. -/- I contend that this scenario offends distributive justice, runs counter to the idea (accepted by some) that a proper goal of the state is the cultivation of good character in the citizenry, and is perverse insofar as a person will suffer more from the prosecutor's dilemma insofar as she is more or less a person of conscience. These negative considerations notwithstanding, I do not call for the abolition of accomplice plea bargaining but argue that the problems I raise should be considered when weighing its pros and cons. -/- This article was published in the company of a strong critical response by Guha Krishnamurthi, whose contribution I greatly appreciate. (shrink)

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

One of the questions raised by this important and thought-provoking collection of essays on torture is how and why the consensus that torture is wrong - a consensus enshrined in international law for decade - has become so fragile. As Scott Anderson writes in the introduction to this volume, "[h]ow did abusing and torturing prisoners suddenly become so popular?” The chapters in this volume offer insights into this question from the perspectives of history, psychology, law, philosophy, and sociology. This interdisciplinary (...) approach highlights important and often overlooked aspects of the torture debate. Yet, the questions that the authors take to be important (for example, about whether the justification of torture should even be contemplated) reflect different and sometimes incompatible normative assumptions about what torture is and about what matters in the torture debate. These assumptions, I shall argue, are shaped by, and play a role in shaping, the moral, political, and social narratives that contribute to or resist the toleration of torture in the US and elsewhere. Thus, while the disparate nature of the contributions (perhaps inevitably) undermine the cohesiveness of the volume as a whole, it illuminates, even if it does not resolve, larger questions about the place and function of academic debate in the history and use of torture. (shrink)

[First paragraphs: This essay takes its practical orientation from my experiences as a member of a philosophy reading group on death row at Riverbend Maximum Security Penitentiary in Nashville, Tennessee. Its theoretical orientation comes from W. E. B. Du Bois’ lecture-turned-essay, “Criteria of Negro Art,” which argues that the realm of aesthetics is vitally important in the war against racial discrimination in the United States. And since, according to Michele Alexander’s critically-acclaimed The New Jim Crow: Mass Incarceration in the Age (...) of Colorblindness, the prison system should be the primary front today in this war, my essay’s ultimate aim is t/o articulate a new criterion of the present-day “Negro” art being created by a prison population that is still overwhelmingly constituted by persons of color. In my first section, I will show how Du Bois’ insights in “Criteria of Negro Art” remain relevant today, especially in the prison context, and argue that it is thus appropriate for my new criterion to be shaped by his distinctive conception of “propaganda.” In my second section, through a close reading of two texts by Michel Foucault (the pivotal thinker of modern imprisonment), I will flesh out this new criterion, “self-torsion,” defined as the effect of prisoners’ attempts at self-care within a prison system that distorts those attempts into further exploitation of both prisoners and the outside world that imprisons them. And my final section, in an attempt to illustrate this new criterion’s efficacy as a form of propagandistic resistance to contemporary racism, will deploy self-torsion as a critique of two artworks created by imprisoned members of my reading group at Riverbend penitentiary. (shrink)

Behrouz Boochani’s No Friend but the Mountains, a literary sensation upon its publication in Australia in August 2018, deserves a place alongside classics of the prison writing genre. At the same time, it contains important lessons for everyone thinking about power in the contemporary world. In particular, it prompts to reconsider the kind of power that is exercised in camps, where it comes from and how it could be resisted.

This article points out the ways in which the relationship between language and political resistance are problematized in “meta-linguistic” science fiction novels after the 1980s. Although the 20th century anti-utopias tend to view language as a prison house for thought and self-determination under oppressive regimes, Suzette Haden Elgin’s Native Tongue (1984), Neal Stephenson’s Snow Crash (1992) and China Miéville’s Embassytown (2011) are distinct novels in the tradition of language-related science fiction, in the sense that these texts imagine possibilities (...) of resisting oppressive power structures by exploring similar conceptions of language as a way of transforming cultural, perceptual and political realities. The article analyzes these novels where resistance is enacted in the forms of language construction, digital world-making and metaphorical language, in order to question their political and fictional potentials for formulizing subversion in our imagined futures. (shrink)

In paleontology, the discovery of funeral rites is an important factor in determining the degree of social awakening of a hominid. This awareness of death is an engine of social cohesion (uniting to resist disasters and enemies) and action (to do something to leave a trace). It is an important element of metaphysical reflection. This is also what gives the symbolic power to acts such as homicide and suicide. According to Plato, death is the separation of soul and body. Finally (...) freed from his fleshly prison, the immortal soul can freely reach the sky of Ideas, Eternity, the domain of philosophers. (cf. Phaedo). (shrink)

Prison as a Torturous Institution Philosophers working on torture have largely failed to address the widespread use of torture in the U.S. prison system. Drawing on a victim-focused definition of torture, I argue that the U.S. prison system is a torturous institution in which direct torture occurs (the use of solitary confinement) and in which torture is allowed to occur through the toleration of sexual assault of inmates and the conditions of mass incarceration. The use and toleration (...) of torture expresses and reinforces the moral exclusion of those subjected to it, particularly African Americans. Importantly, this moral exclusion and the experience of torture may be created and reinforced through institutional practices independently of the intentions of individuals acting within those institutions. By prioritizing torture victims’ experiences and severing the link between torture and intention, my account forces a recognition that, far from being inconsistent with U.S. values, torture is deeply embedded within U.S. institutions. (shrink)

We make the case that the Prisoner’s Dilemma, notwithstanding its fame and the quantity of intellectual resources devoted to it, has largely failed to explain any phenomena of social scientific or biological interest. In the heart of the paper we examine in detail a famous purported example of Prisoner’s Dilemma empirical success, namely Axelrod’s analysis of WWI trench warfare, and argue that this success is greatly overstated. Further, we explain why this negative verdict is likely true generally and not just (...) in our case study. We also address some possible defenses of the Prisoner’s Dilemma. (shrink)

Is capitalism inherently predatory? Must there be winners and losers? Is public interest outdated and free-riding rational? Is consumer choice the same as self-determination? Must bargainers abandon the no-harm principle? Prisoners of Reason recalls that classical liberal capitalism exalted the no-harm principle. Although imperfect and exclusionary, modern liberalism recognized individual human dignity alongside individuals' responsibility to respect others. Neoliberalism, by contrast, views life as ceaseless struggle. Agents vie for scarce resources in antagonistic competition in which every individual seeks dominance. This (...) political theory is codified in non-cooperative game theory; the neoliberal citizen and consumer is the strategic rational actor. Rational choice justifies ends irrespective of means. Money becomes the medium of all value. Solidarity and good will are invalidated. Relationships are conducted on a quid pro quo basis. However, agents can freely opt out of this cynical race to the bottom by embracing a more expansive range of coherent action. (shrink)

It is illegitimate to read any ontology about "race" off of biological theory or data. Indeed, the technical meaning of "genetic variation" is fluid, and there is no single theoretical agreed-upon criterion for defining and distinguishing populations (or groups or clusters) given a particular set of genetic variation data. Thus, by analyzing three formal senses of "genetic variation"—diversity, differentiation, and heterozygosity—we argue that the use of biological theory for making epistemic claims about "race" can only seem plausible when it relies (...) on the user’s own assumptions about race; the move from biological measures to claims about “race” inevitably amounts to a pernicious reification. We also excavate assumptions in the history of the technical discourse over the concept of "race" (e.g., Livingstone's and Dobzhansky's 1962 exchange, Edwards' 2003 response to Lewontin 1972, as well as contemporary discussions of cladistic "race", and "races" as clusters). We show that claims about the existence (or non-existence) of "race" are underdetermined by biological facts, methods, and theories. Biological theory does not force the concept of "race" upon us; our social discourse, social ontology, and social expectations do. We become prisoners of our abstractions at our own hands, and at our own expense. (shrink)

We experience resistance when we are engaging with fictional works which present certain (for example, morally objectionable) claims. But in virtue of what properties do sentences trigger this ‘imaginative resistance’? I argue that while most accounts of imaginative resistance have looked for semantic properties in virtue of which sentences trigger it, this is unlikely to give us a coherent account, because imaginative resistance is a pragmatic phenomenon. It works in a way very similar to Paul Grice's (...) widely analysed ‘conversational implicature’. (shrink)

As these opening quotes acknowledge, the Prisoner’s Dilemma (PD) represents a core puzzle within the formal mathematics of game theory.3 Its rise in conspicuity is evident figure 2.1 above demonstrating a relatively steady rise in incidences of the phrase’s usage between 1960 to 1995, with a stable presence persisting into the twenty first century. This famous two-person “game,” with a stock narrative cast in terms of two prisoners who each independently must choose whether to remain silent or speak, each advancing (...) self-interest at the expense of the other and thereby achieving a mutually suboptimal outcome, mires any social interaction it is applied to into perplexity. The logic of this game proves the inverse of Adam Smith’s invisible hand: individuals acting on self interest will achieve a mutually suboptimal outcome. However, as this chapter illuminates, the assumptions underlying game theory drive this conclusion. (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)

Imaginative resistance refers to a phenomenon in which people resist engaging in particular prompted imaginative activities. On one influential diagnosis of imaginative resistance, the systematic difficulties are due to these particular propositions’ discordance with real-world norms. This essay argues that this influential diagnosis is too simple. While imagination is indeed by default constrained by real-world norms during narrative engagement, it can be freed with the power of genre conventions and expectations.

The recent trend toward privately owned and operated prisons calls attention to a variety of issues involving human rights. The growing number of corporatized correctional institutions is especially notable in the United States, but it is also a global phenomenon in many countries. The reasons cited for privatizing prisons are usually economic; the opportunity to outsource prison services enables local political leaders to save tax revenue, and local communities are promised a chance to create new jobs and bring in (...) a new industry. This article will address the history of prisons and the recent trend toward privatizing prisons and the perception of prisons as a for-profit enterprise. This new economic order brings with it a set of human rights concerns, including the relationship of for-profit prisons to increased numbers of incarcerated persons and increased sentences, racism and classism. The contractual relationship between political leaders and prison corporations will be addressed, noting that conditions of liability frequently mean that prison administrations lack motivation to safeguard the human rights of prisoners. The human rights issues often extend outside of the private prison itself, having a negative effect on the local community. (shrink)

Beliefs can be resistant to evidence. Nonetheless, the orthodox view in epistemology analyzes beliefs as evidence-responsive attitudes. I address this tension by deploying analytical tools on capacities and masking to show that the cognitive science of evidence-resistance supports rather than undermines the orthodox view. In doing so, I argue for the claim that belief requires the capacity for evidence-responsiveness. More precisely, if a subject believes that p, then they have the capacity to rationally respond to evidence bearing on p. (...) Because capacities for evidence-responsiveness are fallible and may be masked, beliefs can be held in the face of counter-evidence. Indeed, I will argue that our best science of belief supports the claim that evidence-resistant beliefs result from masks on evidence-responsiveness capacities. This account of belief not only allows for resistance to evidence, but provides us with a framework for describing and explaining actual cases of evidence-resistance. (shrink)

The deceptive strangeness of prescience in Dune is typical of Herbert's ideas. The ancient Babylonians were able to systematically predict astronomical events, but contemporary astrophysicists can forecast distant events beyond the Babylonians’ wildest dreams. Herbert describes the prescience of characters like Paul as a hyperawareness of possibilities and probabilities given certain choices, rather than being able to examine a fixed future. Common sense suggests that prescience should help us live together better. The Prisoner's Dilemma can be interpreted in different ways, (...) but the basic logic is always the same. The Prisoner's Dilemma is an imaginary interaction between “prisoners,” but it actually might make more sense with prescient characters from the Duniverse. Stuart Hampshire argued that self‐knowledge tends to have the opposite effect – that it makes us freer. Prescience is a vastly expanded understanding of possible and probable consequences given information and choices, not the observation of a fixed future. (shrink)

I defend the view that the experience of resistance gives us a direct phenomenal access to the mind-independence of perceptual objects. In the first part, I address a humean objection against the very possibility of experiencing existential mind-independence. The possibility of an experience of mind-independence being secured, I argue in the second part that the experience of resistance is the only kind of experience by which we directly access existential mind-independence.

This article introduces a strategic decision-game theoretic approach, the Pardoner’s Dilemma, and juxtaposes it with the Prisoner’s Dilemma. Game theory has emerged as a significant approach in the twentieth century for explaining strategic decision-making in numerous arenas, including economics, business, politics, ethics, international relations, biology, law, and war studies. ‘Game theory’ explains how and why players/actors/agents cooperate or conflict to procure their self-interests in a social world. Life is a game, and human, corporate, and artificial intelligent agents are players who (...) play different games to maximise utility or minimise disutility. The Prisoner’s Dilemma is a promising game-theoretic approach that explains strategic decision-making in zero-sum and non-zero-sum games. ‘Strategic decision-making’ means that the outcome does not depend upon the actions of a player but upon all players. There are numerous essential game strategies, including tossing, negotiation, bargaining, balloting, competition, chance, power, and arbitration. Although the Prisoner’s Dilemma is a good game-theoretic approach, it does not allow players to use the key game strategies. In contrast, Pardoner’s Dilemma is a game theoretic approach that not only explains zero-sum and non-zero-sum games but also allows the players to use different game strategies, such as negotiation, bargaining, tossing, chance, balloting, competition, arbitration, and power. The article develops and defends the Pardoner’s Dilemma in the game-theoretic approach as an alternative to the Prisoner’s Dilemma. The article claims that the Pardoner’s Dilemma is a more promising approach than the Prisoner’s Dilemma in the decision-game theoretic framework. By introducing the Pardoner’s Dilemma, the article enhances the scope of decision/game theory in social sciences. (shrink)

The United States carceral system, as currently designed and implemented, is widely considered to be an immoral and inhumane system of criminal punishment. There are a number of pressing issues related to this topic, but in this essay, I will focus upon the problem of prison violence. Inadequate supervision has resulted in unsafe prison conditions where inmates are regularly threatened with rape, assault, and other forms of physical violence. Such callous disregard and exposure to unreasonable risk constitutes a (...) severe violation of the rights of prisoners by the state. While there have been numerous legal, political, and activist efforts to draw attention to this issue—with the goal of reforming and making prisons safer—my goal is different. I argue that inmates who are victims of prison violence should have their sentences automatically reduced. Two distinct arguments are advanced in support of this claim. First, I argue that acts of prison violence are a sort of state-mediated harm which can thus be appropriately described as punishment-constituting. Second, and more straightforwardly, I argue that the compensation owed to prisoners who are victims of prison violence may naturally take the form of a reduced sentence. (shrink)

Readers of fictions sometimes resist taking certain kinds of claims to be true according to those fictions, even when they appear explicitly or follow from applying ordinary principles of interpretation. This "imaginative resistance" is often taken to be significant for a range of philosophical projects outside aesthetics, including giving us evidence about what is possible and what is impossible, as well as the limits of conceivability, or readers' normative commitments. I will argue that this phenomenon cannot do the theoretical (...) work that has been asked of it. Resistance to taking things to be fictional is often best explained by unfamiliarity with kinds of fictions than any representational, normative, or cognitive limits. With training and experience, any understandable proposition can be made fictional and be taken to be fictional by readers. This requires a new understanding both of imaginative resistance, and what it might be able to tell us about topics like conceivability or the bounds of possibility. (shrink)

Imaginative resistance refers to a phenomenon in which people resist engaging in particular prompted imaginative activities. Philosophers have primarily theorized about this phenomenon from the armchair. In this paper, we demonstrate the utility of empirical methods for investigating imaginative resistance. We present two studies that help to establish the psychological reality of imaginative resistance, and to uncover one factor that is significant for explaining this phenomenon but low in psychological salience: genre. Furthermore, our studies have the methodological (...) upshot of showing how empirical tools can complement the predominant armchair approach to philosophical aesthetics. (shrink)

This article examines the prisoner's dilemma paradox and argues that confessing is the rational choice, despite this probably entailing a less-than-ideal outcome.

What reasons stand in favor of (or against) violent resistance to oppression? I distinguish two kinds of normative reasons that bear relevantly in such a practical deliberation. I argue that in addition to reasons of impartial morality, victims’ personal projects and relationships may also provide reasons for (or against) violent resistance. Moreover, there is no guarantee that conflicts will not occur between such reasons. Thus, some acts of violent resistance may arise from situations of radical choice in (...) which impartial moral reasons and personal reasons pull the agent in opposite directions. Regardless of what we ultimately think agents facing such decisions ought to do all things considered, recognizing such conflicts is crucial for understanding the circumstances that give rise to violence and for better sympathizing with victims who are pushed to such extreme modes of resistance. (shrink)

In this chapter, we evaluate the politically generative dynamic of urban space. Notably, we put forward the notion of the ‘multiplier effect’ of the urban, referring to its ingrained tendency to multiply resistance to oppression and violence being exerted against subaltern groups and minorities and, in doing so, to turn this multiplied resistance into an active force of social change. We, therefore, look at the twofold valence of ‘resistance’: negative and affirmative. Resistance initially takes form as (...) a defensive response to oppression and violence. When this happens, the urban becomes the living platform for a multiplying dynamic of encounter and, potentially, of inter-group solidarity, thus laying the foundations for a cooperative – rather than competitive, as in neoliberal rationality, or inimical, as in national-populist reason – way of ‘being together’. After having developed this argument against the backdrop of the women’s movement in Tehran and the urban disobedience to anti-immigration policies in Italy, our chapter concludes by reflecting on the multiplier effect of urban resistance within the current context of national revanchism. (shrink)

Prisoners, those who probably engaged in criminal activities, might possess different perceptions and notions of moral foundations than non-prisoners. Thus, assessing such foundations among the population without testing the validity of the measure may produce biased outcomes. To address the potential methodological issue, we examined the validity of the measurement model for moral foundations among prisoners and community members, i.e., non-prisoners. We conducted the measurement invariance test and measurement alignment to test whether the model was consistently valid across the groups. (...) We also employed the differential item functioning test to examine whether item responses were not biased between the different populations. Results demonstrated significant measurement non-invariance and differential item functioning. However, measurement alignment could address the non-invariance issue. Between-group comparisons of moral foundations were consistent with findings from prior research after performing the alignment. (shrink)

The problem of imaginative resistance holds interest for aestheticians, literary theorists, ethicists, philosophers of mind, and epistemologists. We present a somewhat opinionated overview of the philosophical discussion to date. We begin by introducing the phenomenon of imaginative resistance. We then review existing responses to the problem, giving special attention to recent research directions. Finally, we consider the philosophical significance that imaginative resistance has—or, at least, is alleged to have—for issues in moral psychology, theories of cognitive architecture, and (...) modal epistemology. (shrink)

Prison, porsuing the work of Erwing Goffman, and Paul Valéry, au-delá of Victor Turner.

Lisa Tessman (2016: 164) recounts the case of a Jewish mother, running from Nazis, who faced a terrible choice. She could (a) drown her infant, or (b) accept the virtual certainty that her baby’s cries would doom the refugee group she was fleeing with. Given those options, (b) is worse. If the whole group is discovered, many will die, including the infant. Still, preemptively drowning a baby—indeed one’s own baby—is a terrible act. To make sense of cases like this, Tessman (...) turns to the concept of moral failure: an act that violates an important moral value such that the loss cannot be fully redeemed by gains elsewhere. I will argue that criminal justice needs a moral framework like Tessman’s. It needs to make sense of the fact that some options are genuinely better than others, without letting honorifics like ‘justice’ obscure the equally important fact the best available option might be terrible. More specifically, I will argue that when punishment involves prison, as it often does, it is a moral failure. It can be justified only in the sense that preemptively drowning an infant can be justified: like the fleeing mother, society might on some terrible occasions find itself with no better alternative. (shrink)

Frederick Douglass, in his first autobiography, Narrative of the Life of Frederick Douglass, describes how his sociopolitical identity was scripted by the white other and how his spatiotemporal existence was likewise constrained through constant surveillance and disciplinary dispositifs. Even so, Douglass was able to assert his humanity through creative acts of resistance. In this essay, I highlight the ways in which Douglass refused to accept the other-imposed narrative, demonstrating with his life the truth of his being—a human being unwilling (...) to be classified as thing or property. As I engage selected passages and key events from Douglass's narrative, I likewise explore the ways in which the resistance tactics. (shrink)

Linda Martín Alcoff and others have emphasised that the discipline of philosophy suffers from a ‘demographic problem’. The persistence of this problem is partly the consequence of various forms of resistance to efforts to address the demographic problem. Such resistance is complex and takes many forms and could be responded to in different ways. In this paper, I argue that our attempts to explain and understand the phenomenon of resistance should use a kind of explanatory pluralism that, (...) following Quassim Cassam, I call multidimensionalism. I describe four general kinds of resistance and consider varying explanations, focusing on those focused on vices and social structures. I argue that vice-explanations and structural- explanations are both mutually consistent and mutually entailing. If so, there is no need to choose between vice explanations and structural explanations or any other kinds of explanation. We can and should be multidimensionalists: using many together is better. (shrink)

The social categories to which we belong—Latino, disabled, American, woman— causally influence our lives in deep and unavoidable ways. One might be pulled over by police because one is Latino, or one might receive a COVID vaccine sooner because one is American. Membership in these social categories most often falls outside of our control. This paper argues that membership in social categories constitutes a restriction on human agency, creating a situation of non-ideal agency for many human individuals. -/- However, there (...) are ways to resist the causal influence of social categories, and certain socially marginalized groups can be understood as attempting to do just this. I discuss two instances of social category resistance: gender pronouns and the rights of trans individuals. I suggest that the intentional declaration of gender pronouns (“she/her” or “they/them”) can be understood as an attempt to resist the causal powers of nonconsensual social categorization. Similarly, one among many reasons to support the rights of trans individuals is that their self-declarations of gender identity can be viewed as a reclamation of agency in the face of causal constraints imposed by socially defined and imposed gender categories. This lesson can be generalized to people belonging to a broad range of marginalized groups. (shrink)

In Remnants of Auschwitz , Giorgio Agamben argues that the hidden structure of subjectivity is shame. In shame, I am consigned to something that cannot be assumed, such that the very thing that makes me a subject also forces me to witness my own desubjectification. Agamben’s ontological account of shame is problematic insofar as it forecloses collective responsibility and collapses the distinction between shame and humiliation. By recontextualizing three of Agamben’s sources – Primo Levi, Robert Antelme and Maurice Blanchot – (...) I develop an alternative account of shame as the structure of intersubjectivity , and of a collective responsibility that is more fundamental than the subject itself. On this basis, I sketch the preliminary outline of a biopolitics of resistance rooted in the ethics of alterity. The intuition driving this approach is that life is never bare ; even in situations of extreme affliction there remains a relation to alterity which provides a starting point for resistance. (shrink)

The discipline of academic philosophy suffers from serious problems of diversity and inclusion whose acknowledgement and amelioration are often resisted by members of our profession. In this paper, I distinguish four main modes of resistance—naiveté, conservatism, pride, and hostility—and describe how and why they manifest by using them as the basis for a typology of types of ‘resister’. This typology can hopefully be useful to those of us trying to counteract such resistance in ways sensitive to the different (...) motives and strategies that these resisters tend to employ. (shrink)

The primary aim of this essay is to investigate modalities of resistance to sexual violence. It begins from the observation that the nature of what we understand ourselves to be resisting—that is, how we define the scope, content, and causes of sexual violence—will have profound implications for how we are able to resist. I critically engage one model of resistance to sexual violence: feminist philosophical scholarship on self-defense, highlighting several shortcomings in how the feminist self-defense discourse inadvertently frames (...) sexual violence. Holding these criticisms in mind, I expand the landscape of resistance to sexual violence by considering the new possibilities that empathy might offer. The work of two contemporary women of color feminists—Roxane Gay and Tarana Burke—launches further exploration of empathy’s alternative modes of resistance. By focusing on empathy between survivors of sexual violence, we can expand our understanding of the possibilities of resistance by redistributing and broadening our attention in three main ways: from action to affect and attitude, from a spatially and temporally limited event to something more expansive, and from the individual through the interpersonal to the structural. (shrink)

What responsibilities do audiences have in engaging with artworks? Certain audience responses seem quite clear: for example, audiences should not vandalize or destroy artworks; they should not disrupt performances. This paper examines other kinds of resisting responses that audiences sometimes engage in, including petitioning the artist to change their works, altering copies of artworks, and creating new artworks in another artist’s fictional world. I argue for five claims: (1) while these actions can sometimes infringe on the rights of artists, the (...) rights of artists are not absolute; (2) the fact that such actions are based on mistaken interpretations of the artworks has no normative weight; (3) there can be reason to object to additions and alterations whose conception of the artwork is morally worse than the original (and so, there can be reason to support additions and alterations whose conception is morally better); (4) petitioning raises special moral problems; and, most important, (5) some of these actions are valuable because they involve creative and aesthetic activity. Those acts of audience resistance that are creative, morally improve on the original work, and that minimize the infringement of the artists’ rights are good, and should be encouraged. (shrink)

While philosophers have highlighted important reasons to resist one’s own oppression, they tend to overlook the phenomenon of complacency about one’s own oppression. This paper addresses this gap by arguing that some oppressed agents are obligated to resist complacency about their own oppression because failing to do so would significantly harm themselves and others. Complacent members of oppressed groups fail to resist meaningfully, are self-satisfied, and are epistemically culpable. I contend that focusing on the obligation to combat complacency is useful (...) for at least two reasons. First, complacency about one’s own oppression is a distinctive phenomenon that warrants separate philosophical attention. Second, focusing on the obligation to resist complacency helps analyze an undertheorized group of oppressed agents by challenging the binary understanding of power prevalent in the literature on the duty to resist, thereby sharpening philosophical accounts of resistance and filling a gap in a prominent well-being-based theory of resistance. (shrink)

I attempt to adjudicate the disagreement between those who seek to reconceptualize disability as mere difference and their opponents. I do so by reviewing a central conviction motivating the resistance, concerning the relationship between disability and well-being. I argue that the conviction depends on further considerations about the costs and extent of change involved in accommodating individuals with a particular disability trait. I conclude by considering three pay-offs of this clarification.

In this article, I engage with Derrida’s deconstructive reading of theories of performativity in order to analyse Max Weber’s sovereignty–legitimacy paradigm. First, I highlight an essential articulation between legitimacy and sovereign ipseity (understood, beyond the sole example of State sovereignty, as the autopositioned power-to-be-oneself). Second, I identify a more originary force of legitimation, which remains foreign to the order of performative ipseity because it is the condition for both its position and its deconstruction. This suggests an essential fallibility of the (...) performative, which implies a ‘mystical’ legitimacy and a paradoxical, divisible and self-differential representation of sovereignty. The structural differentiality of legitimacy and sovereignty signifies an irreducible coloniality of law and language, but also suggests the possibility of an unconditional resistance located in the radical interpretability of the law, beyond determined representations of powers, dominations, sovereignties or resistances. This reflection is triggered by a reading of Cynthia Weber’s theory of ‘performative states’, describing sovereignty under the form of an impossible ontology, which leads me to elaborate the notion of legitimation-to-come as a non-ontological ‘concept’: this notion of unconditional legitimacy, beyond sovereignty, binds beliefs and phantasms to the unpresentable force of the event. Pursuing the efforts of scholars such as Rob Walker and Cynthia Weber, I sketch the implications of this archi-performative legitimacy regarding the methodological protocols of International Relations and sociology, in view of elucidating the persistent ontological presuppositions of these disciplines. (shrink)

This essay proposes a new way to read José Martí's idea of "Nuestra América," one that focuses on the mode of the call for unity toward liberation and decoloniality. In particular, I offer the arguments for this Latin American unity that would define a collective form of resistance against our colonial past and present (Europe) and an imperialist future (USA). It can be argued that it is extremely difficult to translate the Cuban author's thought by itself to our contemporary (...) struggles, and that this notion runs the risk of being an outdated, naïve, and even detrimental reduction of a too complex racial reality. In this essay, I defend a way in which this notion is still relevant today by alluding to the mode of a decolonial return to one's own land in the works of Édouard Glissant and Gloria Anzaldúa. In these two authors I see elements of the criticism of a colonial rootedness and filiation, linking a decolonial attitude toward the land with a particular way of returning to it: one that challenges a mythical, pure territorial space, and also reimagines the temporality of the return by focusing on the present. With the help of this novel gesture of returning to the land, I argue that Martí's nuestra América voices a call for unity and independence that still has value beyond its undeniable shortcomings. (shrink)

The iterated Prisoner’s Dilemma has become the standard model for the evolution of cooperative behavior within a community of egoistic agents, frequently cited for implications in both sociology and biology. Due primarily to the work of Axelrod (1980a, 198Ob, 1984, 1985), a strategy of tit for tat (TFT) has established a reputation as being particularly robust. Nowak and Sigmund (1992) have shown, however, that in a world of stochastic error or imperfect communication, it is not TFT that finally triumphs in (...) an ecological model based on population percentages (Axelrod and Hamilton 1981), but ‘generous tit for tat’ (GTFT), which repays cooperation with a probability of cooperation approaching 1 but forgives defection with a probability of l/3. In this paper, we consider a spatialized instantiation of the stochastic Prisoner’s Dilemma, using two-dimensional cellular automata (Wolfram, 1984, 1986; Gutowitz, 1990) to model the spatial dynamics of populations of competing strategies. The surprising result is that in the spatial model it is not GIFT but still more generous strategies that are favored. The optimal strategy within this spatial ecology appears to be a form of ‘bending over backwards’, which returns cooperation for defection with a probability of 2/3 - a rate twice as generous as GTFT. (shrink)

Arguments from divine hiddenness attempt to show that God, as understood by traditional Christianity, does not exist.Eleonore Stump has argued that, contrary to a key premise in such arguments, it is possible for God to have a personal relationship with human beings who do not believe that he exists. I describe Stump’s account of the will and describe its connection to her explanation of divine hiddenness. Specifically, I show that her account of the knowledge of persons cannot solve the problem (...) of divine hiddenness. I also argue that Stump’s account of the will commits her to the claim that lacking belief in God’s existence entails resistance to God’s grace. (shrink)

Can one refute Berkeleyan phenomenalism by arguing that sensory objects seem mind-independent, and that, according to Berkeley, experience is to be taken at face value? Relying on Mackie’s recent discussion of the issue, I argue, first, that phenomenalism cannot be straightforwardly refuted by relying on perceptual or bodily experience of mind-independence together with the truthfulness of experience. However, I maintain, second that phenomenalism can be indirectly refuted by appealing to the bodily experience of resistance. Such experience presents us with (...) the causal activity of the resisting physical object. If experience is truthful, as the phenomenalist has it, physical objects are causally active. But then their effects no longer depend on our perceiving them, on pain of overdetermination. (shrink)