This article was born of memories of minority groups' plights in the United Kingdom some decades ago and illustrates how opinions become entrenched in citizens minds mainly due to what they read in the media at the time. Today in the UK we still have much ethnic minority groups suffering plain -/- discrimination at work and in society at large. UK police spent 8 million pounds between years 2000 and 2008 doing footwork to relieve this injustice. Nothing came (...) of it apart from some minor attempts at improvement. Then in 2008 this guidance-seen in Appendix 1 of this article, was published by ACPO. We now have the ongoing minority discrimination, still more overt than covert and we have the new asylum seekers influx expected from Ukraine. This piece attempts to show how little improvement there has been over half a century and visibly over the past two decades. (shrink)

The notion of homosexuality in Sub-Saharan African countries has been demonized and rejected based on the assumption that it is both unnatural and alien to African customs and practices. As a result, LGBTQ individuals continue to face stigmatization and discrimination which often translates into verbal, physical and sexual violence. Nevertheless, gender progressive movements such as the Matrix Support Group, have made progress in demystifying misconceptions about LGBTQ community as an attempt to end homophobic attitudes and to negotiate the (...) acceptance of these sexual minorities in African societies. Despite such efforts and developments, heterosexual individuals in Lesotho continue to treat sexual minorities with hostility due to their ignorance about sex, sexuality and gender, thus fuelling hatred towards members of the LGBTQ community. Research has mainly focused on the negative effects of discrimination and stigmatization of homosexuals but overlooked the fundamental cause of homophobia in Lesotho. By employing the content analysis method, this paper provides a systematic analysis of Lesotho’s patriarchal system and its bearing on sexual minorities by exploring the intersectionality of homosexuality, patriarchy, and homophobia. It argues that the constant use of derogatory terms which instigate hate-crimes and discrimination of sexual minorities not only hinders a positive change of attitude but prevents a shift from misguided conceptions about homosexuality. This paper concludes that the revision of power relations and legal interventions aimed at prohibiting stigmatization and violence against homosexuals are imperative in ensuring the protection and recognition of LGBTQ people’s rights in Lesotho. (shrink)

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights (...) such as killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

Dieser Beitrag befasst sich mit der Befürchtung, dass eine Erweiterung der DNA-Analyse von Tatortspuren für Zwecke der Polizeiarbeit zu Diskriminierungen führen wird. Diese Erwartung bezieht sich insbesondere auf die Ermittlung der sogenannten biogeografischen Abstammung und der Hautschattierung. In dieser Untersuchung werden einige Stellen im Ermittlungsprozess, an denen auf Grundlage solcher Analysen Diskriminierungspotential auftreten könnte, zunächst gesammelt und dargelegt. Im zweiten Teil wird dann der Diskriminierungsbegriff genauer beleuchtet. Dabei wird sich zeigen, dass verschiedene Positionen zu der Frage, was genau eine Diskriminierung (...) moralisch problematisch macht, zu unterschiedlichen Einschätzungen der DNA-Phänotypisierung in der Polizeiarbeit führen. / There is a concern according to which analyzing crime scene DNA to determine biogeographic origin and skin color of suspects can lead to discrimination against minority populations. This article summarizes and explains some of those parts of the investigation process that can give rise to discrimination. The second part of the paper offers an analysis of the notion of discrimination and presents different accounts of the exact ground of its moral wrongness. As it will emerge, these different accounts lead to different assessments of the use of DNA phenotype analyses in police investigations. (shrink)

The article analyses the concept of indirect discrimination, arguing first that existing conceptualisations are unsatisfactory and second that it is best understood as equal treatment that is disadvantageous to the discriminatees because of their group-membership. I explore four ways of further refining the definition, arguing that only an added condition of moral wrongness is at once plausible and helpful, but that it entails a number of new problems that may outweigh its benefits. Finally, I suggest that the (...) moral wrongness of indirect discrimination is best accounted for in terms of the harm it does to discriminatees, and sketch three ways in which it may do so. I conclude that the analysis provides both a clearer understanding of the concept of indirect discrimination as well as indirect support for a harm-based account of the wrongness of discrimination, while suggesting that our moral obligations qua non-discrimination may be more extensive than is frequently assumed. (shrink)

Racial profiling has come under intense public scrutiny especially since the rise of the Black Lives Matter movement. This article discusses two questions: whether racial profiling is sometimes rational, and whether it can be morally permissible. It is argued that under certain circumstances the affirmative answer to both questions is justified.

The impact and relationship between technologies and society establish the development of certain adaptive models, based on coexistence (Human-information-Machine), as well as several behavioral and cognitive changes of the human being, and new models of influence and social control through ubiquitous communication. which is the basis of a new social units called "virtual communities". The rupture of social norms that accompanies rapid social change, and subsequently the appearance of sub-cultural values establishes gaining status of participation in criminal activities, the components (...) of social unites in general conform to social norms by social ties. the individuals or groups see themselves unfairly disadvantaged compared to other similar individuals, within physical-cybernetic ecosystem environment, which supports the interconnection and transformation of social phenomenon of digital dimension, with several implications in cyber hate crime. Thereby establishing the theoretical basis for further research looking which social vulnerability, identify the trajectory of the massive vector of impact "Information", which is a component of social cybernetics from the following three dimensions: (P) Propagation - (R) Replica - (C) Control called the "Cyber Hate Crime Pathway" that links hate crimes within the cyber-physical ecosystem, and where different types of social vulnerability are established. This study incorporates an epistemology approach of the relation between social and cybernetic theories, that will allow establishing a scientific base for future research in the field of new phenomena that will continue to appear within the Physical-Cybernetic ecosystem. It will also allow the contributions and implications to science derived from the product of this research establish a global holistic field applied to criminal justice system, academic and the new entities of social cybernetic. (shrink)

In this paper, I argue that an account of security as a basic human right must incorporate moral security. Broadly speaking, a person possesses subjective moral security when she believes that her basic interests and welfare will be accorded moral recognition by others in her community and by social, political, and legal institutions in her society. She possesses objective moral security if, as a matter of fact, her interests and welfare are regarded by her society as morally important—for example, when (...) violent crimes against her being taken to warrant the same punishment and condemnation as equivalent crimes against others. Moral security, thus characterized, is an essential part of what it is to be secure as a human person, and any right to security must include it. In the first part of the paper I critique alternative narrower accounts of the right to security, before defending my account of moral security in Section 2. Section 3 explores how acts of racialized and gendered violence are attacks on the moral security of the victims and of all members of the groups to which the victims belong. Broader structural and institutional forms of racial and sexual discrimination further compound the impact of such acts on moral security. Understanding how racial and sexual discrimination and violence are attacks on moral security offers a new way of thinking about the scope and urgency of a state’s duty to combat racial and sexual discrimination, an issue I explore in the final section of the paper. -/- . (shrink)

This article analyses the moral status of racial profiling from a consequentialist perspective and argues that, contrary to what proponents of racial profiling might assume, there is a prima facie case against racial profiling on consequentialist grounds. To do so it establishes general definitions of police practices and profiling, sketches out the costs and benefits involved in racial profiling in particular and presents three challenges. The foundation challenge suggests that the shifting of burdens onto marginalized minorities may, even (...) when profiling itself is justified, serve to prolong unjustified police practices. The valuation challenge argues that although both costs and benefits are difficult to establish, the benefits of racial profiling are afflicted with greater uncertainty than the costs, and must be comparatively discounted. Finally, the application challenge argues that using racial profiling in practice will be complicated by both cognitive and psychological biases, which together reduce the effectiveness of profiling while still incurring its costs. Jointly, it is concluded, these challenges establish a prima facie case against racial profiling, so that the real challenge consists in helping officers practice the art of the police and not see that which it is useless that they should see. (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)

In this article I critically examine a standard feature in conceptions of discrimination: the group-criterion, specifically the idea that there is a limited and definablegroup of traits that can form the basis of discrimination. I review two types of argument for the criterion. One focuses on inherently relevant groups and relies ultimately on luck-egalitarian principles; the other focuses on contextually relevant groups and relies ultimately on the badness of outcomes. I conclude that as neither type of argument (...) is convincing, the criterion is morally arbitrary, and as such untenable. Finally, I suggest both some of the conceptual and some of the practical implications of abandoning the criterion. (shrink)

The American justice system, from police departments to the courts, is increasingly turning to information technology for help identifying potential offenders, determining where, geographically, to allocate enforcement resources, assessing flight risk and the potential for recidivism amongst arrestees, and making other judgments about when, where, and how to manage crime. In particular, there is a focus on machine learning and other data analytics tools, which promise to accurately predict where crime will occur and who will perpetrate it. Activists and (...) academics have begun to raise critical questions about the use of these tools in policing contexts. In this chapter, I review the emerging critical literature on predictive policing and contribute to it by raising ethical questions about the use of predictive analytics tools to identify potential offenders. Drawing from work on the ethics of profiling, I argue that the much-lauded move from reactive to preemptive policing can mean wrongfully generalizing about individuals, making harmful assumptions about them, instrumentalizing them, and failing to respect them as full ethical persons. I suggest that these problems stem both from the nature of predictive policing tools and from the sociotechnical contexts in which they are implemented... (shrink)

Online hate speech has been a topic of public concern and research interest for some time. Initially the focus of this centred on the proliferation of online groups and websites promoting and distributing discriminatory content. Since the introduction of more interactive tools and platforms in the mid-2000s that enabled new and faster ways of disseminating content in a relatively anonymous fashion, concerns about online hate speech becoming a pervasive behavior have increased. Current research and analysis acknowledge the complex (...) nature of online hate, the mediating role of technology and the influence of other contextual factors (e.g. social or political events). However, despite the growing attention on the topic, New Zealand-based research looking at personal experiences and/or exposure to online hate is surprisingly absent. This study seeks to address this gap. It builds on existing international research on young people’s experiences to explore those of the adult New Zealand population based on a nationally representative sample. The research instrument used for this study was an online survey. (shrink)

According to legal expressivism, neither crime nor punishment consists merely in intentionally imposing some kind of harm on another. Crime and punishment also have an expressive aspect. They are what they are in part because they enact attitudes toward others—in the case of crime, some kind of disrespect, at least, and in the case of punishment, society’s condemnation or reprobation. Punishment is justified, at least in part, because (and when) it uniquely expresses fitting condemnation or other retributive attitude. What makes (...) retributive attitudes fitting is that they protect the victim’s status as inviolable. Hate or bias crimes dramatize the expressive aspect of crime, as they are often designed to send a message to the victim’s group and society at large. Treating the enactment of contempt and denigration toward a historically underprivileged group as an aggravating factor in sentencing may be an appropriate way to counter this message, as it reaffirms and indeed realizes the fundamental equality and inviolability of all members of a democratic community. (shrink)

Tolerance is part of the self-definition of democratic societies, one of the major foundations underlying secular democracy’s sometimes unstated and always ambivalent claim to represent a higher form of civilisation. The transformation of tolerance from a type of indulgence to a type of virtue is explained in part by what it does. It helps to preserve peace in societies with a high level of ethnic and religious diversity, and it has also played an important part in eliminating the injustices (...) that religious and racial minorities suffered when Western societies were more homogenous. Historically, intolerance has extended in extreme cases to persecution, segregation, violence and mass-murder. In more “normal” situations it has usually meant denial of civil and political rights and unequal treatment at law. A fair and decent society is obliged to address this injustice, not least by state and judicial action against groups which refuse to respect the freedom and rights of other people. Problems arise, however, when even groups which respect the freedom and rights of others, such as the Christian churches, are accused of discrimination and treated as intolerant for observing legitimate distinctions; for properly exercising a preference; and for defending the rights of others. In these cases the concept of intolerance, understood as a refusal to respect the rights of others, has been extended to encompass something which is not a form of intolerance at all; namely, the right we all have to refuse to validate choices with which we disagree. (shrink)

Social Justice is a concept familiar to most Indians but one whose meaning is not always understood as it signifies a variety of government strategies designed to enhance opportunities for underprivileged groups. By tracing the trajectory of social justice from the colonial period to the present, this book examines how it informs ideas, practices and debates on discrimination and disadvantage today. After outlining the historical context for reservations for scheduled castes and scheduled tribes that began under British colonial rule, (...) the book examines the legal and moral strands of demands raised by newer groups since 1990. In addition the book shows how the development of quota policies has been significantly influenced by the nature and operation of democracy in India. It describes the recent proliferation of quota demands for reservations in higher education, private sector and for women and religious minorities in legislative assemblies. The book goes on to argue that while proliferation of demands address unequal incidence of poverty, deprivation and inequalities across social groups and communities, care has to be taken to ensure that existing justifications for quotas for discriminated groups due to caste hierarchies are not undermined. Providing a rich historical background to the subject, the book is a useful contribution to the study on the evolution of multiple conceptions of social justice in contemporary India. (shrink)

As the philosophy of policing shifts from a traditional to a community-based approach, its implementation needs to be assessed. The study determined the program implementation of community-oriented policing in the town of Dumingag Zamboanga del Sur and its effectiveness in crime reduction from 2014 to 2018. The study employed a descriptive-survey method with the questionnaire-checklist as the main instrument used in gathering the data and information. The survey questionnaire underwent an evaluation process by field expert and tested using Cronbach’s alpha. (...) Weighted Arithmetic Mean, Percentage and ANOVA were the statistical tools used in the data analyses. The participants were PNP, residents, and Barangay Officials of Dumingag, Zamboanga del Sur. The results showed that PNP and Barangay officials perceived that the extent of community- oriented policing in Dumingag was implemented without lapses. However, residents rated that the implementation has minimal lapses. The study also revealed that there was a reduction of crimes committed for the past five years of the implementation. The result shows a significant difference among the perceived extent of implementation of the three groups of respondents. (shrink)

The dignity approach to racist hate speech regulation maintains that hate speech ought to be regulated because it impugns targets’ dignity and poses a threat to their equal treatment. This approach faces the significant causal challenges of showing that hate speech has the power to erode its targets’ dignity and that regulations can successfully protect that dignity. My aim is to show how a friend of the dignity approach can resolve these challenges. To do so, I borrow (...) insights from the critical legal studies (CLS) approach to hate speech. Specifically, I argue that hate speech can erode its targets’ dignity 1) by constituting an act of discrimination, and 2) by enacting norms that call for treating targeted groups as inferior. Yet while I maintain that the CLS approach offers valuable resources for shoring up the dignity approach, I reject the CLS approach in favor of the dignity approach. (shrink)

Over the past decade, scholars, institutions, and activists have voiced strong concerns about the potential of automated decision systems to indirectly discriminate against vulnerable groups. This article analyses the ethics of algorithmic indirect discrimination, and argues that we can explain what is morally bad about such discrimination by reference to the fact that it causes harm. The article first sketches certain elements of the technical and conceptual background, including definitions of direct and indirect algorithmic differential treatment. It next (...) introduces three prominent accounts of fairness as potential explanations if the badness of algorithmic indirect discrimination, but argues that all three are vulnerable to powerful levelling-down-style objections. Instead, the article demonstrates how proper attention to the way differences in decision-scenarios affect the distribution of harms can help us account for intuitions in prominent cases. Finally, the article considers a potential objection based on the fact that certain forms of algorithmic indirect discrimination appear to distribute rather than cause harm, and notes that we can explain how such distributions cause harm by attending to differences in individual and group vulnerability. (shrink)

Advances in forensic techniques have expanded the temporal horizon of criminal investigations, facilitating investigation of historic crimes that would previously have been considered unsolvable. Public enthusiasm for pursuing historic crimes is exemplified by recent high-profile trials of celebrities accused of historic sexual offences. These circumstances give new urgency to the question of how we should decide which historic offences to investigate. A satisfactory answer must take into account the ways in which the passage of time can erode the (...) benefits of criminal investigation, the costs associated with investigating old crimes, and the need to prioritize investigations in the face of limited police resources. This article emphasizes the first of these factors. It begins by considering the moral goals of a criminal justice system and the contribution of criminal investigations to the achievement of these goals, distinguishing between contributions that depend on further steps in the criminal justice process, such as prosecution and punishment, and contributions that can have value independently of these further steps. Using this important distinction, the article then examines a range of factors that relate the passage of time to criminal justice goals, including the seriousness of the crime; deterioration of evidence; death of the offender, victim and others affected by the crime; and diminished psychological connectedness between those affected by the crime and their current selves. While the range and non-uniformity of relevant factors preclude a simple answer to the question of when historic crimes should be investigated and call instead for case-by-case assessment, we find that the analysis does support some general conclusions that can guide such an assessment. (shrink)

_One of the strongest arguments against hate speech legislation is the so-called Argument from Political Speech. This argument problematizes the restrictions that might be placed on political opinions or political critique when these opinions are expressed in a way which can be interpreted as ‘hateful’ towards minority groups. One of the strongest free speech scholars opposing hate speech legislation is Ronald Dworkin, who stresses that having restrictions on hate speech is, in fact, illegitimate in a liberal democracy. (...) The right to express oneself freely concerning any political decision is, according to Dworkin, a core democratic principle; it is what self-governance – and hence liberal democracies – are built upon. Dworkin and many other free speech scholars based in the United States see hate speech legislation as a threat to expressing oneself freely and critically. I argue that Dworkin and other US-based free speech scholars tend to overlook actual hate speech legislation in countries where such laws have been implemented and have functioned for decades. Furthermore, I argue that the real threat against political speech lies not in hate speech legislation but rather outside of the law, namely, in private institutions such as universities and museums. Restrictions on political speech in various societal circumstances have been on the rise over the last decades – first and foremost in the US. I analyse why these restrictions on political speech are more widespread in the only Western country without laws against hate speech than they are in countries with implemented hate speech laws._ _Keywords_: political speech, hate speech, hate speech legislation, private institu-tions, universities, USA. (shrink)

The essays study from different perspectives, the much discussed and crucial topic of social discrimination, and particularly Dalit exploitation. The work is highly interdisciplinary in nature-relevant for several subjects and disciplines such as political science, sociology, Dalit studies, minority studies, women's studies, anthropology, law, economics This work specifically sets out to explore contemporary manifestations of discrimination that persist in our society through institutions and through norms and practices that define the terms on which certain social groups continue to (...) be excluded. The contributors bring in different critical perspectives from their different disciplines. (shrink)

In this paper, I argue that businesses bear a pro tanto, negative, moral obligation to refuse to engage in economic relationships with representatives of intolerable ideologies. For example, restaurants should refuse to serve those displaying Nazi symbols. The crux of this argument is the claim that normal economic activity is not a morally neutral activity but rather an exercise of political power. When a business refuses to engage with someone because of their membership in some group, e.g., Black Americans, (...) this is a use of political power to signal that Black Americans are other. Conversely, when businesses engage with someone who is clearly representing an intolerable ideology, this is a use of political power that signals the acceptability of that ideology. Businesses should not do this. (shrink)

‘Transformative liberals’ believe that the state should use its non-coercive capacities to counter hateful speech and practices, by seeking to transform the views of those who hold hateful and discriminatory beliefs. This paper critically assesses transformative liberalism, with a particular focus on the theory developed by Corey Brettschneider. For Brettschneider, the state should engage in ‘democratic persuasion’ by speaking out against views that are incompatible with the ideal of free and equal citizenship, and refusing to fund or subsidise civil society (...) groups that hold such views. My critique has five parts. I first rebut two central justifications for transformative liberalism, regarding complicity and the undermining of equal citizenship. Second, I show that some of the central policies that Brettschneider advocates are in fact coercive. Third, I raise concerns about the nature of the complex and contestable judgments that transformative liberalism requires the state to make. Fourth, I argue that Brettschneider’s view has various troubling implications. Finally, I argue that many of these problems derive from his adoption of a thick conception of free and equal citizenship, resulting in an overly broad definition of hateful viewpoints and of hate speech. A defensible version of transformative liberalism would use a significantly narrower conception. (shrink)

Filling a gap in knowledge in gender theory, genocidal, and Holocaust studies, this paper operationalizes the concept of phallicism as an analytic explanation of the simultaneous killing and sexual victimization of racialized men in western, capitalist, patriarchal societies. The theory of phallicism posits that racialization lays the basis for a sexualization process wherein racialized males are caricaturized as both salacious savages (who can be raped by the men or women of the dominant racial group) and bestial/wanton creatures deserving of (...) immediate death for the sake of liberal civility. Breaking with the dominant interpretive lenses in scholarly discourses around race and gender that understand racialized femininity as the basis of dehumanization, this paper will operationalize the notion of phallicism through historical and comparative analysis of the writings of political prisoner George Jackson and Primo Levi, a survivor of the Jewish Holocaust. With the theory of phallicism—the guiding theoretic of the paradigm of Black Male Studies—we can sharpen our conceptual acumen to account for the function of misandric patterns of intergroup violence and its role as the organizing principle of the negrophobia characteristic of Western, patriarchal, capitalist regimes. (shrink)

A crucial socio-political challenge for our age is how to rede!ne or extend group membership in such a way that it adequately responds to phenomena related to globalization like the prevalence of migration, the transformation of family and social networks, and changes in the position of the nation state. Two centuries ago Immanuel Kant assumed that international connectedness between humans would inevitably lead to the realization of world citizen rights. Nonetheless, globalization does not just foster cosmopolitanism but simultaneously yields (...) the development of new group boundaries. Group membership is indeed a fundamental issue in political processes, for: “the primary good that we distribute to one another is membership in some human community” – it is within the political community that power is being shared and, if possible, held back from non-members. In sum, it is appropriate to consider group membership a fundamental ingredient of politics and political theory. How group boundaries are drawn is then of only secondary importance. Indeed, Schmitt famously declared that “[e]very religious, moral, economic, ethical, or other antithesis transforms into a political one if it is suffciently strong to group human beings e#ectively according to friend and enemy”. Even though Schmitt’s idea of politics as being constituted by such antithetical groupings is debatable, it is plausible to consider politics among other things as a way of handling intergroup di#erences. Obviously, some of the group-constituting factors are more easily discernable from one’s appearance than others, like race, ethnicity, or gender. As a result, factors like skin color or sexual orientation sometimes carry much political weight even though individuals would rather con!ne these to their private lives and individual identity. Given the potential tension between the political reality of particular groupmembership defnitions and the – individual and political – struggles against those definitions and corresponding attitudes, citizenship and civic behavior becomes a complex issue. As Kymlicka points out, it implies for citizens an additional obligation to non-discrimination regarding those groups: “[t]his extension of non-discrimination from government to civil society is not just a shift in the scale of liberal norms, it also involves a radical extension in the obligations of liberal citizenship”. Unfortunately, empirical research suggests that political intolerance towards other groups “may be the more natural and ‘easy’ position to hold”. Indeed, since development of a virtue of civility or decency regarding other groups is not easy, as it often runs against deeply engrained stereotypes and prejudices, political care for matters like education is justified. Separate schools, for example, may erode children’s motivation to act as citizens, erode their capacity for it and!nally diminish their opportunities to experience transcending their particular group membership and behave as decent citizens. This chapter outlines a possible explanation for such consequences. That explanation will be found to be interdisciplinary in nature, combining insights from political theory and cognitive neuroscience. In doing so, it does not focus on collective action, even though that is a usual focus for political studies. For example, results pertaining to collective political action have demonstrated that the relation between attitudes and overt voting behavior or political participation is not as direct and strong as was hoped for. Several conditions, including the individual’s experiences, self-interest, and relevant social norms, turned out to interfere in the link between his or her attitude and behavior. Important as collective action is, this chapter is concerned with direct interaction between agents and the in$uence of group membership on such interaction – in particular joint action. Although politics does include many forms of action that require no such physical interaction, such physical interaction between individuals remains fundamental to politics – this is the reason why separate schooling may eventually undermine the citizenship of its isolated pupils. This chapter will focus on joint action, de!ned as: “any form of social interaction whereby two or more individuals coordinate their actions in space and time to bring about a change in the environment”. Cognitive neuroscienti!c evidence demonstrates that for such joint action to succeed, the agents have to integrate the actions and expected actions of the other person in their own action plans at several levels of speci!city. Although neuroscienti!c research is necessarily limited to simple forms of action, this concurs with a philosophical analysis of joint action, which I will discuss below. (shrink)

What endogenous factors contribute to minority (Red Queen) or majority (Red King) domination under conditions of coercive bargaining? We build on previous work demonstrating minority disadvantage in non-coercive bargaining games to show that under neutral initial conditions, majorities are advantaged in high conflict situations, and minorities are advantaged in low conflict games. These effects are a function of the relationship between (1) relative proportions of the majority and minority groups and (2) costs of conflict. Although both Red King and (...) Red Queen effects can occur, we further show that agents’ increased initial propensity toward conflict advantages majorities. (shrink)

This book explores how robotics and artificial intelligence can enhance human lives but also have unsettling “dark sides.” It examines expanding forms of negativity and anxiety about robots, AI, and autonomous vehicles as our human environments are reengineered for intelligent military and security systems and for optimal workplace and domestic operations. It focuses on the impacts of initiatives to make robot interactions more humanlike and less creepy. It analyzes the emerging resistances against these entities in the wake of omnipresent AI (...) applications. It unpacks efforts by developers to have ethical and social influences on robotics and AI, and confronts the AI hype that is designed to shield the entities from criticism. The book draws from science fiction, dramaturgical, ethical, and legal literatures as well as current research agendas of corporations. Engineers, implementers, and researchers have often encountered users' fears and aggressive actions against intelligent entities, especially in the wake of deaths of humans by robots and autonomous vehicles. The book is an invaluable resource for developers and researchers in the field, as well as curious readers who want to play proactive roles in shaping future technologies. (shrink)

The “incel” phenomenon began after 2010 when like-minded young – mostly straight white – men started to share similar thoughts and worldviews on certain digital platforms and online forums leading to an exclusive community. The phenomenon is characterized by misogynism, racism and homophobia. The most extreme forms of the phenomenon have led to violent hate crimes. The aim of this paper is to understand this phenomenon and analyze it by applying the echo chamber theory.

Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequ...

There is an ongoing discussion among scholars as well as among the public about whether liberal democracies should have laws against hate speech. Proponents of hate speech laws argue that these laws play a crucial part in liberal democracies since they help ensure the protection of basic rights, such as every citizen being treated equally with respect. Opponents of hate speech laws, on the other hand, argue that hate speech laws are a threat to freedom of (...) (political) speech and that, hence, these laws are illegitimate in a liberal democracy. I argue that hate speech laws can actually work both as a protection for minority groups, while at the same time also as a defence against unreasonable demands for restrictions on (political) speech. Further, I argue that laws against hate speech are an expression of democratic formation, meaning that the respect for, and protection of, minorities should be an inherent part of an enlightened and educated modern democracy. I present an argument from democratic formation, which builds on foundational pillars of democracy such as dignity, civility, equality, and critical thinking. I hold that phenomena like cancel culture and ‘extreme political correctness’ are a result of a tendency towards the decline of democratic formation in modern society in general – something, which springs from, inter alia, decades of a growing focus on technological development, while at the same time a decreasing focus on critical thinking in the educational system. (shrink)

The author has extensive law enforcement experience and the paper is intended to provoke thought on the use of technology as it pertains to information sharing between the police and the private sector. -/- As the world edges closer and closer to the convergence of man and machine, the human capacity to retrieve information is increasing by leaps and bounds. We are on the verge of knowing everything and anything there is to know, and literally in the blink of (...) an eye! -/- This means that police will have the capacity to learn everything about everyone with the only restriction being privacy legislation. But it also means that those involved in immoral, unlawful or illegal activity will have that same capacity and with no such restriction. ‘Bad Brother’ may be far more dangerous than ‘Big Brother!' -/- The global community requires a secure and credible system to retrieve and assess all of the information ‘generally available to the public.' A system that will strive to keep ‘Big Brother’ in check and ‘Bad Brother’ out, all the while providing a means of alerting citizens to genuine risks or to dangerous people. Such as system would help diffuse the systemic inaccurate and harmful profiling that is often based on rumours and innuendo. -/- There is an identified public-private partnership opportunity. A chance to work with privacy advocate groups and background checking private companies to define, design and deliver on something that will be of immense benefit to citizens around the globe. -/- We have an opportunity to create something that will work to ensure that only the best information gets used and in a moralistic, lawful and legal way! Technology continues to move forward at incomprehensible speeds – failure to act could have serious consequences. (shrink)

In many countries, the COVID‐19 pandemic varied starkly between different racial and ethnic groups. Before vaccines were approved, some considered assigning priority access to worse‐hit racial groups. That debate can inform rationing in future pandemics and in some of the many areas outside COVID‐19 that admit of racial health disparities. However, concerns were raised that “race‐responsive” prioritizations would be ruled unlawful for allegedly constituting wrongful discrimination. This legal argument relies on an understanding of discrimination law as demanding color‐blindness. (...) We argue that a, color‐blind understanding of discrimination would be hostile only to one of two rationales for prioritizing the relevant racial minorities in settings of racial health disparities. We also propose a method for incorporating appropriate race‐responsive concerns that is in many ways ethically and legally superior to ones suggested thus far. That method turns artificial intelligence, thanks precisely to its artificial and “black box” nature (features that underlie recent concerns about artificial intelligence's discriminatory potential), into an instrument of social justice. (shrink)

In 1976, Jo Freeman wrote an article for Ms. Magazine, entitled ‘Trashing: The Dark Side of Sisterhood’. It provoked an outpouring of letters from women relating their own experiences of trashing during the course of the second wave feminist movement—more letters than Ms. had received about any previous article. Since then, the technology has improved but the climate among feminists has not; trashing is now conducted on social media platforms like Twitter and Facebook, in front of ever-larger audiences and with (...) the magnified opportunities for destruction that these new platforms bring with them. Women already experience disproportionate harassment on social media; many feel trashing by other feminists to be much harder to accept. It’s one thing for people to hate feminists; resistance from those for whom a social justice movement represents a threat is par for the course. But it’s something else for feminists to hate each other. These are people with shared goals and a common enemy. What are the psychological mechanisms underlying this fact of life for feminist activists? Various explanations might be offered, from internalised misogyny, through volatility caused by histories of oppression, through envy and competitiveness, through ideological purity policing. Which are correct? Is the hatred that motivates trashing within feminism the same in quality and quantity, or different, from the affective dynamics inside other social movements? How does tribalism between warring feminist factions contribute to these dynamics, and to what extent is trashing underwritten by laudable moral goals (such as anti-elitism and anti-hierarchy) even when it goes too far or misfires? Can a liberation movement be successful without ideological purity policing, or is there a tension between achieving social justice outcomes and facilitating a healthy amount of disagreement and constructive criticism within a group? In this paper I’ll focus on potential explanations of the phenomena of trashing, including tribalism, power grabs, and purity policing; and the moral commitments that might lead feminists to trash each other. (shrink)

Mark Coeckelbergh starts his book with a very powerful picture based on a real incident: On the 9th of January 2020, Robert Williams was wrongfully arrested by Detroit police officers in front of his two young daughters, wife and neighbors. For 18 hours the police would not disclose the grounds for his arrest (American Civil Liberties Union 2020; Hill 2020). The decision to arrest him was primarily based on a facial detection algorithm which matched Mr. Williams’ driving license (...) photo with the picture of a man who was suspected of watch theft two years earlier. Not only did the computer ‘get it wrong’ as one of the detectives said, when Mr. Williams made them aware that the picture of the suspect obviously wasn’t resembling him, the probably unreliable algorithm very likely contributed to racial discrimination (Hill 2020). It is well documented that many available facial detection algorithms at this time had significant problems (e.g. a comparably high false positive rate) with respect to black persons, like Mr. Williams (NIST 2019). Multiple causes may exist, such as unbalanced training datasets and insufficient optimization. Coeckelbergh compares the disturbing case of Mr. Williams with a political interpretation of Franz Kafka’s The Trial, where the protagonist, Josef K., is accused of an unspecified crime by an opaque, oppressive and absurd bureaucracy: “In the 21st-century United States, Josef K. is black and is falsely accused by an algorithm, without explanation” (p. 2). (shrink)

This is a thesis in support of the conceptual yoking of analytic truth to a priori knowledge. My approach is a semantic one; the primary subject matter throughout the thesis is linguistic objects, such as propositions or sentences. I evaluate arguments, and also forward my own, about how such linguistic objects’ truth is determined, how their meaning is fixed and how we, respectively, know the conditions under which their truth and meaning are obtained. The strategy is to make explicit what (...) is distinctive about analytic truths. The objective is to show that truths, known a priori, are trivial in a highly circumscribed way. My arguments are premised on a language-relative account of analytic truth. The language relative account which underwrites much of what I do has two central tenets: 1. Conventionalism about truth and, 2. Non-factualism about meaning. I argue that one decisive way of establishing conventionalism and non-factualism is to prioritise epistemological questions. Once it is established that some truths are not known empirically an account of truth must follow which precludes factual truths being known non-empirically. The function of Part 1 is, chiefly, to render Carnap’s language-relative account of analytic truth. I do not offer arguments in support of Carnap at this stage, but throughout Parts 2 and 3, by looking at more current literature on a priori knowledge and analytic truth, it becomes quickly evident that I take Carnap to be correct, and why. In order to illustrate the extent to which Carnap’s account is conventionalist and non-factualist I pose his arguments against those of his predecessors, Kant and Frege. Part 1 is a lightly retrospective background to the concepts of ‘analytic’ and ‘a priori’. The strategy therein is more mercenary than exegetical: I select the parts from Kant and Frege most relevant to Carnap’s eventual reaction to them. Hereby I give the reasons why Carnap foregoes a factual and objective basis for logical truth. The upshot of this is an account of analytic truth (i.e. logical truth, to him) which ensures its trivial nature. In opposition to accounts of a priori knowledge, which describe it as knowledge gained from rational apprehension, I argue that it is either knowledge from logical deduction or knowledge of stipulations. I therefore reject, in Part 2, three epistemologies for knowing linguistic conventions (e.g. implicit definitions): 1. intuition, 2. inferential a priori knowledge and, 3. a posteriori knowledge. At base, all three epistemologies are rejected because they are incompatible with conventionalism and non-factualism. I argue this point by signalling that such accounts of knowledge yield unsubstantiated second-order claims and/or they render the relevant linguistic conventions epistemically arrogant. For a convention to be arrogant it must be stipulated to be true. The stipulation is then considered arrogant when its meaning cannot be fixed, and its truth cannot be determined without empirical ‘work’. Once a working explication of ‘a priori’ has been given, partially in Part 1 (as inferential) and then in Part 2 (as non-inferential) I look, in Part 3, at an apriorist account of analytic truth, which, I argue, renders analytic truth non-trivial. The particular subject matter here is the implicit definitions of logical terms. The opposition’s argument holds that logical truths are known a priori (this is part of their identification criteria) and that their meaning is factually based. From here it follows that analytic truth, being determined by factually based meaning, is also factual. I oppose these arguments by exposing the internal inconsistencies; that implicit definition is premised on the arbitrary stipulation of truth which is inconsistent with saying that there are facts which determine the same truth. In doing so, I endorse the standard irrealist position about implicit definition and analytic truth (along with the “early friends of implicit definition” such as Wittgenstein and Carnap). What is it that I am trying to get at by doing all of the abovementioned? Here is a very abstracted explanation. The unmitigated realism of the rationalists of old, e.g. Plato, Descartes, Kant, have stoically borne the brunt of the allegation of yielding ‘synthetic a priori’ claims. The anti-rationalist phase of this accusation I am most interested in is that forwarded by the semantically driven empiricism of the early 20th century. It is here that the charge of the ‘synthetic a priori’ really takes hold. Since then new methods and accusatory terms are employed by, chiefly, non-realist positions. I plan to give these proper attention in due course. However, it seems to me that the reframing of the debate in these new terms has also created the illusion that current philosophical realism, whether naturalistic realism, realism in science, realism in logic and mathematics, is somehow not guilty of the same epistemological and semantic charges levelled against Plato, Descartes and Kant. It is of interest to me that in, particularly, current analytic philosophy (given its rationale) realism in many areas seems to escape the accusation of yielding synthetic priori claims. Yet yielding synthetic a priori claims is something which realism so easily falls prey to. Perhaps this is a function of the fact that the phrase, ‘synthetic a priori’, used as an allegation, is now outmoded. This thesis is nothing other than an indictment of metaphysics, or speculative philosophy (this being the crime), brought against a specific selection of realist arguments. I, therefore, ask of my reader to see my explicit, and perhaps outmoded, charge of the ‘synthetic a priori’ levelled against respective theorists as an attempt to draw a direct comparison with the speculative metaphysics so many analytic philosophers now love to hate. I think the phrase ‘synthetic a priori’ still does a lot of work in this regard, precisely because so many current theorists wrongly think they are immune to this charge. Consequently, I shall say much about what is not permitted. Such is, I suppose, the nature of arguing ‘against’ something. I’ll argue that it is not permitted to be a factualist about logical principles and say that they are known a priori. I’ll argue that it is not permitted to say linguistic conventions are a posteriori, when there is a complete failure in locating such a posteriori conventions. Both such philosophical claims are candidates for the synthetic a priori, for unmitigated rationalism. But on the positive side, we now have these two assets: Firstly, I do not ask us to abandon any of the linguistic practises discussed; merely to adopt the correct attitude towards them. For instance, where we use the laws of logic, let us remember that there are no known/knowable facts about logic. These laws are therefore, to the best of our knowledge, conventions not dissimilar to the rules of a game. And, secondly, once we pass sentence on knowing, a priori, anything but trivial truths we shall have at our disposal the sharpest of philosophical tools. A tool which can only proffer a better brand of empiricism. (shrink)

If you care about securing knowledge, what is wrong with being biased? Often it is said that we are less accurate and reliable knowers due to implicit biases. Likewise, many people think that biases reflect inaccurate claims about groups, are based on limited experience, and are insensitive to evidence. Chapter 3 investigates objections such as these with the help of two popular metaphors: bias as fog and bias as shortcut. Guiding readers through these metaphors, I argue that they clarify the (...) range of knowledge-related objections to implicit bias. They also suggest that there will be no unifying problem with bias from the perspective of knowledge. That is, they tell us that implicit biases can be wrong in different ways for different reasons. Finally, and perhaps most importantly, the metaphors reveal a deep—though perhaps not intractable—disagreement among theorists about whether implicit biases can be good in some cases when it comes to knowledge. (shrink)

In recent years, increasing attention has been devoted to the underrepresentation, exclusion or outright discrimination experienced by women and members of other visible minority groups in academic philosophy. Much of this debate has focused on the state of contemporary Anglophone philosophy, which is dominated by the tradition of analytic philosophy. Moreover, there is growing interest in academia and society more generally for issues revolving around linguistic justice and linguistic discrimination (sometimes called ‘linguicism’ or ‘languagism’) (see e.g. Van Parijs (...) 2011). Globalization and the increasing adoption of English as global linguistic vehicle or lingua franca push these issues at the forefront of much of the world’s attention. The convergence of these two trends suggests the appropriateness of an analysis of the condition of non-native speakers of English in analytic philosophy. (shrink)

Background: Current practice frequently fails to provide care consistent with the preferences of decisionally-incapacitated patients. It also imposes significant emotional burden on their surrogates. Algorithmic-based patient preference predictors (PPPs) have been proposed as a possible way to address these two concerns. While previous research found that patients strongly support the use of PPPs, the views of surrogates are unknown. The present study thus assessed the views of experienced surrogates regarding the possible use of PPPs as a means to help make (...) treatment decisions for decisionally-incapacitated patients. -/- Methods: This qualitative study used semi-structured interviews to determine the views of experienced surrogates [n=26] who were identified from two academic medical centers and two community hospitals. The primary outcomes were respondents’ overall level of support for the idea of using PPPs and the themes related to their views on how a PPP should be used, if at all, in practice. -/- Results: Overall, 21 participants supported the idea of using PPPs. The remaining five indicated that they would not use a PPP because they made decisions based on the patient’s best interests, not based on substituted judgment. Major themes which emerged were that surrogates, not the patient’s preferences, should determine how treatment decisions are made, and concern that PPPs might be used to deny expensive care or be biased against minority groups. -/- Conclusions: Surrogates, like patients, strongly support the idea of using PPPs to help make treatment decisions for decisionally-incapacitated patients. These findings provide support for developing a PPP and assessing it in practice. At the same time, patients and surrogates disagree over whose preferences should determine how treatment decisions are made, including whether to use a PPP. These findings reveal a fundamental disagreement regarding the guiding principles for surrogate decision-making. Future research is needed to assess this disagreement and consider ways to address it. (shrink)

Several prominent theorists have recently advocated reconceptualizing rape as “nonconsensual sex,” omitting the traditional “force” element of the crime. I argue that such a conceptualization fails to capture what is distinctively problematic about rape for women and why rape is pivotal in supporting women’s gender oppression. I argue that conceptualizing rape as coerced sex can replace both the force and nonconsent elements and thereby remedies some of the main difficulties with extant definitions, especially in recognizing “acquaintance” rape as such. I (...) argue that this approach helps explain its distinctive badness both for the individual victims and for women as a group. (shrink)

It is widely accepted that if a property is essential then it is necessary. Against this I present numerous counterexamples from biology and chemistry, which fall into two groups: (I) A property is essential to a genus or species, yet some instances of this genus or species do not have this essential property. (II) A property is essential to a genus, yet some species of this genus do not have this essential property. I discuss and reject four minor objections. Then (...) I discuss in depth whether a distinction between constitutive essence and consequential essence is able to handle these counterexamples. I conclude that this distinction is better put as one between (1) the essence, which is necessary, and (2) the essential properties, which are not formally necessary. An essence of an object X is the substantial universal expressed by its real definition. An object X has a property P essentially iff the property P is explanatory and non-trivial, and P follows from the essence of X. (shrink)

It is usually accepted that whether or not indirect discrimination is a form of immoral discrimination, it appears to be structurally different from direct discrimination. First, it seems that either one involves the agent focusing on different things while making a decision. Second, it seems that the victim’s group membership is relevant to the outcomes of either sort of action in different ways. In virtue of these two facts, it is usually concluded that indirect discrimination (...) is structurally different from direct discrimination. I argue against the notion that indirect discrimination and direct discrimination have significantly different structures. I first argue that both kinds of discrimination involve similar decision-making processes. Second, I analyze how being in a social group affects personal identity, and from there argue that indirect discrimination and direct discrimination are about group membership similarly. In virtue of these two arguments, I conclude that direct and indirect discrimination are structurally similar. (shrink)

Marginalized communities are confronted with issues resulting from their marginalization, such as exclusion, invisibility, misrepresentation, and hate speech, not only offline but – due to digital change – increasingly online. Our research project DigitalDialog21 aims at evaluating the effects of digital change on society and how digital change, and the risks and possibilities that come with it, is perceived by the population. Digital change is understood as a factor of social change in this project. By investigating digital change and (...) its effects on society, we are able to draw more general inferences on how societies change socially and what needs to be done in education to establish digital trust. In 2017 the Digital Evolution Index observed an increasing trust deficit and skepticism towards digitalization in both very industrialized and lesser industrialized countries. We will draw inferences from these observations here and hypothesize the following: It seems that especially in marginalized communities, that is: in communities that are structurally and systemically disadvantaged and that experience societal marginalization, this trust deficit and skepticism towards digitalization is prevalent. This could be so because, as a member of a marginalized community, one might quickly find issues resulting from marginalization to be present in digital spaces just like they are present in non-digital spaces. This paper will examine critically how attitudes in marginalized communities towards digital media are influenced by digital change. Do the risks of digitalization outweigh the advantages for marginalized communities? Are digital media perceived to provide advantages such as increased visibility and representation or are they perceived to fuel discrimination against marginalized people? Our research project brings together secondary analyses of existing studies with the results of our own qualitative interview study on marginalized people's perceptions of digital change. The paper will portray some example interviews, and thereby analyze if and how attitudes in the margins towards digital media change, what this change consists of, and how we can understand the changing attitudes within an ethical and educational framework. Our findings will point at a necessity to increase ethically based digital literacy (PEAT) in the German education system, starting in early education. Marginalized groups in particular must be empowered to become digitally competent through problem-oriented education. Independent self-efficacy can increase digital trust in fragmented societies. The paper concludes by introducing media ethics tools that are being developed as part of the project. (shrink)

The core idea of 'becoming major', as it can be found in Kant's famous essay about the Enlightenment, is the concept of self-legislation or self-governance. Minority is described as a state of dependency on some heteronomous guidance (i.e. church, doctor, or the state), whereas majority is defined by Kant as the ability to guide oneself, using one's own understanding ('Verstand'). These definitions display a deep affinity to central concepts of Kant's philosophy: the autonomy of rational ethics, as it is (...) defended in the second Critique, and the copernican revolution in epistemology, which is the topic of the first Critique. Picking up on these similarities, the text isolates some of the essential conditions for Kant's understanding of an enlightened state of majority. Kant's theoretical works spell out conceptual preconditions for his radical account of self-guidance and gives it a more detailed form. This allows to articulate some of the historical assumptions and theoretical implications of majority which we might have lost out of sight in a time where 'self-management' is a ubiquitous demand. (shrink)

According to the conventionalist doctrine of space elaborated by the French philosopher-scientist Henri Poincaré in the 1890s, the geometry of physical space is a matter of definition, not of fact. Poincaré's Hertz-inspired view of the role of hypothesis in science guided his interpretation of the theory of relativity (1905), which he found to be in violation of the axiom of free mobility of invariable solids. In a quixotic effort to save the Euclidean geometry that relied on this axiom, Poincaré (...) extended the purview of his doctrine of space to cover both space and time. The centerpiece of this new doctrine is what he called the "principle of physical relativity," which holds the laws of mechanics to be covariant with respect to a certain group of transformations. For Poincaré, the invariance group of classical mechanics defined physical space and time (Galilei spacetime), but he admitted that one could also define physical space and time in virtue of the invariance group of relativistic mechanics (Minkowski spacetime). Either way, physical space and time are the result of a convention. (shrink)

In this chapter I defend the construction of inclusive, tightly governed DNA databases, as long as police can access them only for the prosecution of the most serious crimes or less serious but very high-volume offences. I deny that that the ethics of collecting and using these data sets the pattern for other kinds of policing by big data, notably predictive policing. DNA databases are primarily used for matching newly gathered biometric data with stored data. After considering and (...) disputing a number of objections to this practice, I conclude that DNA databases used in this way are ethically acceptable, if not valuable, contributions to legitimate policing. (shrink)

Jus post Bellum is, like Jus ad Bellum and Jus in Bello, a part of just war theory. Jus post Bellum is distinguished from the other parts of just war theory by being primarily concerned with the principles necessary for securing a just and lasting peace after the end of a war. Traditionally, jus post bellum has focused primarily on three goals: [1] compensating those who have been the victims of unjust aggression, while respecting the rights of the aggressors, [2] (...) punishing and rehabilitating those guilty of war crimes and other violations of the principles of Jus ad Bellum and Jus in Bello and [3] developing measures that will prevent future war and violence (Orend 2000 and May 2012). In this chapter, I outline an account of political forgiveness and explain the role that political forgiveness can have in promoting the goals of jus post bellum. My conception of political forgiveness requires some unpacking. Let me begin with individual forgiveness, which I understand along familiar Butlerian lines as the renunciation of resentment (Butler, Sermon IX in McNaughton 2017: 75-83), though with a bit of a twist. More exactly, ● An individual, I, forgives J for doing F if and only if I renounces all her own warrant for resenting J for doing F. Resentment is a judgment-sensitive attitude, and, therefore, it tends to track judgments concerning its warrant (Scanlon 1998: 20 and Smith 2015). In cases of perfect forgiveness, I’s renunciation causes her to cease feeling resentment toward J for doing F, though, of course, less perfect cases are possible. I reject the idea that there is a sharp discontinuity between individual and political forgiveness, a position argued for by, e.g., Peter Digeser (1998 and 2001). By contrast, I understand political forgiveness as the renunciation of resentment by the relevant political body in question. With greater precision, ● A sovereign political body, P, forgives J for doing F if and only if P renounces all warrant that its citizens have for resenting, as part of their public lives, J for doing F. A little more explanation is in order. Sovereign political bodies, such as national governments, claim degrees of control over the lives of their citizens, in both their public and their private aspects, though the claims with respect to the former tend to be considerably more expansive than the claims with respect to the latter. I assume here that, at least in the case of legitimate governments, these claims of control are often valid. Such governments may reasonably renounce certain grounds for motivating action in the public sphere. For example, governments may renounce all warrant that its citizens have, as part of their public lives, for hating members of marginalized groups. In practice, this means that, while citizens might continue to act in their private lives out of hatred for members of these groups, their appeal to this hatred is seen by the state as irrelevant to matters of law and public policy as well as being wholly out-of-place in public discourse. Political forgiveness toward J for doing F, as I understand it, involves an analogous rejection of resentment, on the part of citizens in their public lives, toward J for doing F. I turn now to the matter of how political forgiveness supports securing a just and lasting peace between former belligerents. With respect to the first goal of jus post bellum, political forgiveness helps to balance compensation for victims and respect for the rights of defeated aggressors by countering the all-too-human tendency to overvalue harms done to oneself and to members of one’s group. As regards the second goal, political forgiveness plays a similar role but also provides a model for rehabilitation by exemplifying among the victorious the behavior to be emulated by the vanquished. Finally, political forgiveness promotes the third goal of jus post bellum by providing a space for nations to meet as moral equals rather than allowing one nation to have the moral high ground over the other. None of this, of course, means that political forgiveness should be unearned or that it should be confused with condonation (Kolnai 1973 and Pettigrove 2004). However, the question of what is required to put oneself in a position to be forgiven as part of jus post bellum is a matter that goes beyond the scope of this chapter. (shrink)

In this article I argue that the notion of truth is so closely linked to the notion of justification that it is not possible to access the truth, even with the best reasons upon which a justification is supported. -/- I’ll show that the notions of truth and reality can only be inferred from our experience of the world, in which our social practices can be verified or disproved, and if our hypotheses are accepted or refuted. I maintain that we (...) can only access realities which we constitute in relation to one of several possible conceptual frameworks. These conceptual frameworks are not transcendental entities nor are they established definitively, they are social constructs. This means that the conceptual frameworks are constituted by the social practices of the subjects. We understand that social practices are institutionalized groups of actions undertaken by members of a community and directed toward the consecution of an end. These actions presuppose that the beliefs, norms and values are shared by members of an epistemic community. Olivé (1999: 135-42). -/- This article begins by presenting Rorty’s counter-proposal for the notion of truth, in relation to which I put forward the principal theses of onto-epistemological pluralism. Subsequently, I develop the idea of inter-subjective contextual justification and I show that this posture, although it does depend on specific conditions for justification, is not arbitrary. -/- I demonstrate the relevance of onto-epistemological pluralism and the need to adequately substantiate our beliefs and decision making, by presenting the case of parents guided by a notion of ´post-truth´ who decide not to vaccinate their children against measles based on insufficiently justified subjective reasons. A fact that is having serious harmful consequences to health, particularly among young children. (shrink)

It seems undeniable that some cultures encourage individuals to act in ways that harm others, and/or to believe that there is nothing wrong when another acts in a way that harms them. And when this is the case it also seems undeniable that it would be better if the scope for such cultures to guide individuals' decision-making were minimized or even eliminated. From these observations a number of people have inferred that groups which exhibit bad cultures ought not to (...) be permitted to hold or exercise group rights. Susan Okin's liberal feminist critique of multiculturalism is one of the most interesting and persuasive examples of this type of argument. In this paper I take a closer look at Okin's critique and ask whether it actually does give one reason to be skeptical about group rights. I conclude that it does not. For although the worries which animate Okin's critique are good ones to have, it is a mistake to think that they are about group rights. Moreover, insofar as Okin's concerns are well motivated they are not actually worries about morally problematic cultures but rather worries about groups' internal political and social structures. These worries should not be equated. Ultimately (I argue) it is not only misleading but counterproductive to focus on the viciousness of a group's culture as a potential reason for disqualifying it from holding or exercising rights. (shrink)