Negative characteristics are sometimes attributed to racial groups on the basis of culture. Sometimes these cultural characteristics are invoked to explain racial disparities. Many antiracist activists and intellectuals argue that such attributions are racist and, in this respect, are no different than attributions of negative characteristics to a racial group based on biology. In a recent essay, Lawrence Blum provides a typology of different kinds of views that attribute negative cultural characteristics to racial groups. One (...) of the views that Blum identifies treats the relevant cultural characteristics as malleable but does not attribute those characteristics to existing structural factors. Blum characterizes this type of thinking as a form of racist thought. I argue that Blum is mistaken in doing so and that there are good reasons for academics not to treat cultural explanations for racial disparities as too taboo to even consider. (shrink)

The increasing use of opioid treatment agreements has prompted debate within the medical community about ethical challenges with respect to their implementation. The focus of debate is usually on the efficacy of OTAs at reducing opioid misuse, how OTAs may undermine trust between physicians and patients and the potential coercive nature of requiring patients to sign such agreements as a condition for receiving pain care. An important consideration missing from these conversations is the potential for racial bias in the (...) current way that OTAs are incorporated into clinical practice and in the amount of physician discretion that current opioid guidelines support. While the use of OTAs has become mandatory in some states for certain classes of patients, physicians are still afforded great leeway in how these OTAs are implemented in clinical practice and how their terms should be enforced. This paper uses the guidelines provided for OTA implementation by the states of Indiana and Pennsylvania as case studies in order to argue that giving physicians certain kinds of discretion may exacerbate racial health disparities. This problem cannot simply be addressed by minimising physician discretion in general, but rather by providing mechanisms to hold physicians accountable for how they treat patients on long-term opioid therapy to ensure that such treatment is equitable. There are no data in this work. (shrink)

This essay argues that the concept of ‘racial capitalism’ can help us understand the connections between seemingly disparate parts of Voltaire’s extensive corpus of work. It contends that even though the Enlightenment’s racial politics abounded with contradictions and ambivalences, Voltaire stood out from his contemporaries. While the connections between his polygenism – the theory that humans of different races were created separately – and material investments in colonial commerce have long been debated by radical historians, this essay suggests (...) that Voltaire’s views about race’s relationship to labour were transformed by France’s colonial losses during the Seven Years’ War. (shrink)

The dispute about the role of class in understanding the life situations of people of color has tended to be overpolarized, between a class reductionism and an “it's only race” position. Class processes shape racial groups’ life situations. Race and class are also distinct axes of injustice; but class injustice informs racial injustice. Some aspects of racial injustice can be expressed only in concepts associated with class (e.g., material deprivation, inferior education). But other aspects of racial (...) injustice or other harms, such as racial discrimination or stigma, are not reducible to class concepts and cannot be fully addressed through class-focused policies. Overall, any attempt to fully secure racial justice for a racial group will require a combination of race-focused and class-focused policies. Anti-racist outlooks often neglect or downplay either the normative or the explanatory significance of class, or both—for example, by overlooking or downplaying the dignitary harms of class and the material harms of race; missing the historical dimension of class injustice; masking class by a narrowing of the complex normative structure of racial disparities; or not recognizing that a class-focused initiative (like raising the minimum wage) can address substantial racial justice concerns, even though not all of them. “Systemic racism” terminology recognizes class explanatorily but suppresses it normatively. Charles Mills's influential notion of “white supremacy,” while a powerful tool for conceptualizing and illuminating racial injustice, can also contribute to minimizing or masking the justice-related impact of class, as do some of Mills's specific discussions of class in various writings. (shrink)

Racial disparities in health outcomes have recently become a flashpoint in the debate about the value of race as a biological concept. What role, if any, race has in the etiology of disease is a philosophically and scientifically contested topic. In this article, I expand on the insights of the new mechanistic philosophy of science to defend a mechanism discovery approach to investigating epidemiological racial disparities. The mechanism discovery approach has explanatory virtues lacking in the populational (...) approach typically employed in the study of race and biomedicine. The explanatory constraints that form an integral part of the new mechanistic approach enable mechanism discovery to avoid the epistemic and normative shortcomings of the populational approach. The methodology of mechanism discovery can fruitfully be extended to the treatment and reversal of epidemiological racial disparities. (shrink)

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

How can researchers use race, as they do now, to conduct health-care studies when its very definition is in question? The belief that race is a social construct without “biological authenticity” though widely shared across disciplines in social science is not subscribed to by traditional science. Yet with an interdisciplinary approach, the two horns of the social construct/genetics dilemma of race are not mutually exclusive. We can use traditional science to provide a rigorous framework and use a social-science approach so (...) that “invisible” factors are used to adjust the design of studies on an as-needed basis. One approach is to first observe health-care outcomes and then categorize the outcomes, thus removing genetic differences as racial proxies from the design of the study. From the outcomes, we can then determine if there is a pattern of conceivable racial categories. If needed, we can apply dynamic notions of race to acknowledge bias without prejudice. We can use them constructively to improve outcomes and reduce racial disparities. Another approach is nearly identical but considers race not at all: While analyzing outcomes, we can determine if there are biological differences significant enough to identify classifications of humans. That is, we look for genetic patterns in the outcomes and classify only those patterns. There is no attempt to link those patterns to race. (shrink)

This text examines recent illiberal trends in traditionally liberal institutions. Specifically, it critiques radical “anti-racism” approaches based on critical race theory (CRT) and the ideas of academics such as Ibram X. Kendi and Robin DiAngelo. It also focuses on Unitarian Universalism, a historically liberal church whose national leadership has adopted an extreme version of critical race theory. -/- Racial and other inequities are problems in all societies and all of human history, and there are no simple, easy or objectively (...) correct solutions. While critical race theory (CRT) offers important insights on racism and racial disparities, I believe in liberalism, freedom of speech and the free exchange of ideas, things that extreme CRT adherents, Kendi and DiAngelo oppose. -/- Freedom of speech and expression and the free exchange of ideas support diversity, multiculturalism and marginalized groups. Illiberalism, dogmatism and authoritarianism are oppressive of all groups, minority and majority, and should be rejected wherever they appear. (shrink)

Charles Mills adhered to the highest standards of philosophical scholarship, while seeing his work firmly as a contribution to the cause of social justice. He had a deep appreciation for historical context and a history of ideas approach to racial/philosophical questions. He was one of the foremost Rawls interpreters or our time, though only a few years before his passing was he so recognized. He channeled his analytic training in his habit of demonstrating how a view is strengthened when (...) an author shows how objections can be systematically replied to. I wish he had tried to integrate class and race into a larger theoretical system, of both an explanatory and normative character. Class is sometimes an unnoted presence in his explanation of white supremacy. Charles saw himself contributing to a collective scholarly social justice project and was happy to acknowledge the greater expertise of others in allied areas to his. (shrink)

Juvenile offenders are sometimes transferred to a criminal court where they may stand trial as adults. The rationale for this current trend cannot be justified based on evidence from developmental psychology, the evidence of consistent positive effects for particular intervention strategies, and ethical arguments for justification of punishment. The rationale in actuality reflects the selective manipulation of the alternative conceptions of young people as dependent and vulnerable or as autonomous and responsible to continue to justify policies that entail cultural and (...) racial discrimination. Discretionary decisions at various stages of the justice process amplify racial disparities as minority youths proceed through the system and result in more severe dispositions that for comparable White youths. (shrink)

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

This paper considers three possible ways of understanding the claim that the American criminal justice system is racist: individualist, “patterns”-based, and ideology-based theories of institutional racism. It rejects an individualist explanation of institutional racism because such an explanation fails to explain the widespread prevalence of anti-black racism in this system or indeed in the United States. It considers a “patterns” account of institutional racism, where consistent patterns of disparate racial effect mimic the structure of intentional projects of racial (...) subjugation like slavery or Jim Crow. While a “patterns” account helpfully directs attention to the effects of policies and practices that make up an institution, it does not fully explain the deep roots of anti-blackness in the criminal justice system in the United States. The paper concludes by defending an ideology-based theory of institutional racism for understanding the criminal justice system because the stereotype of the black criminal has a mutually reinforcing relationship with the patterns of disparate outcome for black people in the criminal justice system. This relationship creates a looping effect where the stereotype of the black criminal fuels the disproportionate involvement of black people in the criminal justice system, and the disproportionate representation of black people with felony records, in prisons, brutalized in police encounters, and so on reinforces the idea that black people are especially prone to criminality. Ideological approaches to racism that integrate attention to the patterns of disparate effect best explain what it means to say that the criminal justice system is racist. (shrink)

In our reply to critiques of our GLP-1 receptor agonist allocation framework, we explain that using potential years of life lost (PYLL) as a metric addresses racial health disparities without explicitly allocating resources based on race. This approach is "racism-conscious" and has legal and ethical challenges over race-based approaches. Meanwhile, though acknowledging the importance of cardiovascular risk assessment, we maintain in response to other interlocutors that focusing solely on immediate risk would ignore the broader goal of mitigating disadvantage. (...) We emphasize that our framework balances multiple ethical objectives beyond just maximizing medical benefits. (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)

When life-saving medical resources are scarce and not everyone can be saved, is the only relevant goal saving the most lives? Or can other factors be considered, at least as tiebreakers, such as how early in life the people we don't save will die or how much future life they are likely to lose? This commentary defends a multiprinciple allocation approach that considers objectives in addition to saving more lives, including preventing early death and preventing harm in the form of (...) lost future life. Particularly compared to an arbitrary, coin-flip tiebreaker, this multiprinciple approach more effectively prevents harm, prioritizes the worst-off, mitigates socioeconomic and racial health disparities, and tracks public values regarding allocation under scarcity—and is legally sound. -/- . (shrink)

Recent studies have shown that recidivism scoring algorithms like COMPAS have significant racial bias: Black defendants are roughly twice as likely as white defendants to be mistakenly classified as medium- or high-risk. This has led some to call for abolishing COMPAS. But many others have argued that algorithms should instead be given access to a defendant's race, which, perhaps counterintuitively, is likely to improve outcomes. This approach can involve either establishing race-sensitive risk thresholds, or distinct racial ‘tracks’. Is (...) there a moral difference between these two approaches? We first consider Deborah Hellman's view that the use of distinct racial tracks (but not distinct thresholds) does not constitute disparate treatment since the effects on individuals are indirect and does not rely on a racial generalization. We argue that this is mistaken: the use of different racial tracks seems both to have direct effects on and to rely on a racial generalization. We then offer an alternative understanding of the distinction between these two approaches—namely, that the use of different cut points is to the counterfactual comparative disadvantage, ex ante, of all white defendants, while the use of different racial tracks can in principle be to the advantage of all groups, though some defendants in both groups will fare worse. Does this mean that the use of cut points is impermissible? Ultimately, we argue, while there are reasons to be skeptical of the use of distinct cut points, it is an open question whether these reasons suffice to make a difference to their moral permissibility. (shrink)

This correspondence piece responds to commentaries on the authors' survey of U.S. bioethicists. The authors address two key questions: the definition of a bioethicist and how bioethics should evolve. They identify four distinct roles bioethicists occupy: researchers, pedagogues, consultants, and advocates/activists. The article examines various aspects of inclusiveness in bioethics - demographic, viewpoint, methodological, and topical - while acknowledging inherent tensions and trade-offs between them. For example, including religiously or geographically diverse voices may conflict with other inclusivity goals. The authors (...) argue that while demographic inclusiveness is crucial, other forms of inclusiveness require careful consideration of trade-offs and empirical research to assess their impacts. They emphasize the need for systematic research on bioethicists' beliefs and reasoning, particularly regarding complex issues like disability and racial health disparities. The piece concludes by calling for continued dialogue and better funding for empirical research on ethical perspectives across different groups. (shrink)

How should we explore the relationship between race and educational opportunity? One approach to the Black-White achievement gap explores how race and class cause disparities in access and opportunity. In this paper, I consider how education contributes to the creation of race. Considering examples of classroom micropolitics, I argue that breakdowns of trust and trustworthiness between teachers and students can cause substantial disadvantages and, in the contemporary United States, this happens along racial lines. Some of the disadvantages are (...) academic: high achievement is more difficult when one faces mistrust, ego depletion, effort pessimism, and insult. And within a knowledge economy, exclusion from knowledge work makes one vulnerable to injustice. But the problem goes deeper than achievement, for schools are contexts in which we develop self-understandings and identities that situate us as members of society. If students of color are systematically denied full participation in trusting conversations that create shared knowledge—especially, knowledge that holds power within the dominant culture—they are unjustly deprived resources to form flourishing selves that are suited to the positions of power and authority. The argument suggests that knowledge is not best understood simply as a commodity to be distributed, and opportunity is not just a matter of access. Moreover, even if access is granted, those who are motivated and talented can fail: they drain their willpower by coping with insults, or reasonably lose optimism about their efficacy. Over time, motivation may shift away from achievement, and under the circumstances this can be a rational response. The barriers to achievement are many, but true opportunity is impossible without trust and trustworthiness. (shrink)

One of the many debates in the philosophy of race is whether we should eliminate or conserve discourse, thought, and practices reliant on racial terms and categories (i.e., race-talk). In this paper, I consider this debate in the context of medicine. The recent resurgence in anti-racist activism and the COVID-19 pandemic have prompted philosophers, medical professionals, and the public to (re)consider race, its role in long-standing health disparities, and the utility of race-based medicine. In what follows, I argue (...) that while utility is insufficient for adjudicating permissible uses of race in medicine, eliminativism is neither necessary nor sufficient for dealing with the sort of ills associated with race-based medicine. I, then, use a virtue-based framework to adjudicate morally permissible uses of race in medicine. In doing so, I demonstrate the limitations of eliminativism, offer a decision procedure for determining morally permissible uses of race, and demonstrate that the debate regarding eliminating or preserving race-talk need not depend on conclusive answers to metaphysical questions regarding race. (shrink)

Shortages of new therapeutics to treat coronavirus disease (COVID-19) have forced clinicians, public health officials, and health systems to grapple with difficult questions about how to fairly allocate potentially life-saving treatments when there are not enough for all patients in need (1). Shortages have occurred with remdesivir, tocilizumab, monoclonal antibodies, and the oral antiviral Paxlovid (2) -/- Ensuring equitable allocation is especially important in light of the disproportionate burden experienced during the COVID-19 pandemic by disadvantaged groups, including Black, Hispanic/Latino and (...) Indigenous communities, individuals with certain disabilities, and low-income persons. However, many health systems have resorted to first-come, first-served approaches to allocation, which tend to disadvantage individuals with barriers in access to care (3). There is mounting evidence of racial, ethnic, and socioeconomic disparities in access to medications for COVID-19 (4, 5). -/- One potential method to promote equitable allocation is to use a weighted lottery, which is an allocation strategy that gives all eligible patients a chance to receive the scarce treatment while also allowing the assignment of higher or lower chances according to other ethical considerations (6). We sought to assess the feasibility of implementing a weighted lottery to allocate scarce COVID-19 medications in a large U.S. health system and to determine whether the weighted lottery promotes equitable allocation. (shrink)

This article explains Muhammad Iqbal’s politics of spiritual democracy and examines its applications to Pakistan and the contemporary world. Almost an official doctrine has emerged that Pakistan's creation is the result of Iqbal’s philosophy. If it is the result of the intended or unintended consequences of Iqbal’s philosophy, the question is whether Pakistan has adopted the version of his democracy. Iqbal’s ‘spiritual democracy’ stands contrary to the European model of democracy. European democracy, according to Iqbal, is materialistic and acquires the (...) interests of the individual rather than the interests of humanity. Iqbal used the expression “spiritual democracy” only once in The Reconstruction of Religious Thought in Islam, but he did not explain it. Although Iqbal used the expressions: spiritual democracy, Muslim democracy, and Islamic democracy, interchangeably in his writings, he developed his idea of spiritual democracy by drawing on the key values of Islamic ethics, notably freedom, equality, and fraternity that posit the idea of an ideal society by discarding racial, cultural, ethnic, or linguistic disparities for acquiring the common good of humanity. This article explains four theses of Iqbal’s moral and political philosophy to make sense of his model of spiritual democracy: First, human beings have the potential to legislate laws to make this world livable. Second, all human beings are equal in the moral sense. Third, human beings are free and responsible agents. Fourth, human beings have fraternal relationships with each other. So, the article explains the salient features of Iqbal’s politics of spiritual democracy and determines its implications for Pakistan, and the contemporary world. (shrink)

This article explains Muhammad Iqbal’s ethics of reverence for humanity and determines how it fits with Islamic ethics. The cardinal goal of Islamic ethics is reverence for humanity. The Arabic expression ‘Islam’ means ‘peace’. The cardinal claim of Islamic ethics is that human beings deserve reverence because they are created with the best conformation. The Arabic phrase Ahsan al-Taqweem refers to the best conformation, which means a wide range of unique physical, metaphysical, moral, aesthetic and cognitive potentials. From a broader (...) perspective, Islamic ethics foster reverence for humanity based on three primary moral and political values: equality, freedom, and fraternity. Drawing on the Islamic tradition, Iqbal argues that all human beings are worthy of reverence irrespective of their racial, cultural, religious, or linguistic disparities because of their distinctive potentials, such as creativity, freedom, and knowledge. These potentials are preordained in human beings by birth. To develop these potentials, Iqbal posits his theory of egohood which fosters unique individuality. Under certain conditions, such as individual-society relationships, freedom, equality, and fraternity, Iqbal insists on developing these potentials to acquire the status of a perfect human. According to Iqbal, a perfect human is a God’s vicegerent on earth, who collaborates with Him in creation. Iqbal’s ethics of reverence for humanity emancipates human beings from poverty, war, violence, humiliation, discrimination, exploitation, hatred, and destruction. Yet, Iqbal’s ethics of reverence for humanity furnishes human beings with prosperity, peace, self-respect, equality, dignity, friendship, fraternity, and survival on earth. Thus, Iqbal’s ethics of reverence for humanity is consistent with Islam’s ethics of reverence for humanity. (shrink)

Miranda Fricker argues of an injustice that is distinctly epistemic though it was born out of societal discrimination, identity power, and racial prejudice. More so, Fricker attempts to establish a theoretical space, where ethics, epistemology, and socio-politics can converge. An epistemology which concerns knowledge not for knowledge’s sake alone, but the kind of knowledge that can morally awaken a knowing subject and which can hopefully influence or bring forth a collective social and political change. I will further argue in (...) this paper that aside from moral awakening, the theory of epistemic injustice also attempts to correct our moral appropriations towards social phenomena as it aims to provide an unbiased epistemic basis on issues of social identities, namely: gender, race, religion, financial, economic, and social status, rank or position in work and institutions, among other factors. Epistemic injustice is a hybrid social theory that presupposes social ethical responsibility and epistemic justice among individuals, as well as in social institutions. It initially arose as part of the developments in virtue epistemology, a new trend in epistemology that emphasizes the role of virtue in knowledge, which sprung from the epistemic debates in virtue epistemology of the Anglo-American analytic philosophers. Epistemic injustice finds its own development of the theory now known as vice epistemology, which have special emphasis on non-virtuous acts, namely—vices. This paper is fundamentally aimed to introduce Miranda Fricker’s concept of “epistemic injustice,” including its possible indications within Philippine societal happenings. I then attempt to appropriate the phenomena of epistemic injustice as theorized by Fricker in the context of the Filipino social experience. This essay attempts to tackle the gaps between the apparent disparity in Philippine societies, particularly on issues that concerned the imperial Manila, the Bangsamoro, and other marginalized minorities, such as, transgender people, farmers, and fisher folks, as well as issues regarding the national language. (shrink)

The concept of an individual, liberal data subject, who was traditionally at the centre of data protection efforts has recently come under scrutiny. At the same time, the particularly destructive effect of digital technology on Black people establishes the need for an analysis that not only considers but brings racial dimensions to the forefront. I argue that because Afrofuturism situates the Black struggle in persistent, yet continuously changing structural disparities and power relations, it offers a powerful departure point (...) for re-imagining data protection. Sketching an Afrofuturist data subject then centres on radical subjectivity, collectivity, and contextuality. (shrink)

El uso de sistemas de machine learning en los procesos de selección laboral ha sido de gran utilidad para agilizarlos y volverlos más eficientes, pero al mismo tiempo ha generado problemas en términos de equidad, confiabilidad y transparencia. En este artículo comenzamos explicando los diferentes usos de la Inteligencia Artificial en los procesos de selección laboral en Estados Unidos. Presentamos los sesgos sexuales y raciales que han sido detectados en algunos de ellos y explicamos los obstáculos jurídicos y prácticos para (...) su detección y análisis. Un posible remedio jurídico a la discriminación algorítmica es el régimen de impacto diferencial sistémico utilizado en Estados Unidos. Usamos algunas características de este régimen para señalar los vacíos jurídicos frente a la discriminación en el acceso al empleo en el ámbito del derecho laboral colombiano, y ofrecemos algunas características generales que podría tener un régimen de esa naturaleza. (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.

This article goes behind stereotypes of Muslim veiling to ask after the representational structure underlying these images. I examine the public debate leading to the 2004 French law banning conspicuous religious signs in schools and French colonial attitudes to veiling in Algeria, in conjunction with discourses on the veil that have arisen in other western contexts. My argument is that western perceptions and representations of veiled Muslim women are not simply about Muslim women themselves. Rather than representing Muslim women, these (...) images fulfill a different function: they provide the negative mirror in which western constructions of identity and gender can be positively reflected. It is by means of the projection of gender oppression onto Islam, and its naturalization to the bodies of veiled women, that such mirroring takes place. This constitutes, I argue, a form of racialization. Drawing on the work of Fanon, Merleau-Ponty and Alcoff, I offer a phenomenological analysis of this racializing vision. What is at stake is a form of cultural racism that functions in the guise of anti-sexist and feminist liberatory discourse, at once posing a dilemma to feminists and concealing its racializing logic. (shrink)

This paper defends the concept of racialization against its critics. As the concept has become increasingly popular, questions about its meaning and value have been raised, and a backlash against its use has occurred. I argue that when “racialization” is properly understood, criticisms of the concept are unsuccessful. I defend a definition of racialization and identify its companion concept, “racialized group.” Racialization is often used as a synonym for “racial formation.” I argue that this is a mistake. Racial (...) formation theory is committed to racial ontology, but racialization is best understood as the process through which racialized – rather than racial – groups are formed. “Racialization” plays a unique role in the conceptual landscape, and it is a key concept for race eliminativists and anti-realists about race. (shrink)

The UNESCO Statements on Race of the early 1950s are understood to have marked a consensus amongst natural scientists and social scientists that ‘race’ is a social construct. Human biological diversity was shown to be predominantly clinal, or gradual, not discreet, and clustered, as racial naturalism implied. From the seventies social constructionists added that the vast majority of human genetic diversity resides within any given racialised group. While social constructionism about race became the majority consensus view on the topic, (...) social constructionism has always had its critics. Sesardic (2010) has compiled these criticisms into one of the strongest defences of racial naturalism in recent times. In this paper I argue that Sesardic equivocates between two versions of racial naturalism: a weak version and a strong version. As I shall argue, the strong version is not supported by the relevant science. The weak version, on the other hand, does not contrast properly with what social constructionists think about ‘race’. By leaning on this weak view Sesardic’s racial naturalism intermittently gains an appearance of plausibility, but this view is too weak to revive racial naturalism. As Sesardic demonstrates, there are new arguments for racial naturalism post-Human Genome Diversity Project. The positive message behind my critique is how to be a social constructionist about race in the post-genomic era. (shrink)

Historically, laws and policies to criminalize drug use or possession were rooted in explicit racism, and they continue to wreak havoc on certain racialized communities. We are a group of bioethicists, drug experts, legal scholars, criminal justice researchers, sociologists, psychologists, and other allied professionals who have come together in support of a policy proposal that is evidence-based and ethically recommended. We call for the immediate decriminalization of all so-called recreational drugs and, ultimately, for their timely and appropriate legal regulation. We (...) also call for criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs to be expunged, and for those currently serving time for these offenses to be released. In effect, we call for an end to the “war on drugs.”. (shrink)

I argue racial injustice undermines the reliability of news source reports in the information domain of racial injustice. I argue that this in turn undermines subjects’ doxastic justification in inferences they base on these news sources in the racial injustice information domain. I explain that racial injustice does this undermining through the effect of racial prejudice on news organizations’ members and the effect of society's racially unjust structure on non-dominant racial group-controlled news sources.

Quayshawn Spencer (2014) misunderstands my treatment of racial naturalism. I argued that racial naturalism must entail a strong claim, such as “races are subspecies”, if it is to be a substantive position that contrasts with anti-realism about biological race. My recognition that not all race naturalists make such a strong claim is evident throughout the article Spencer reviews (Hochman, 2013a). Spencer seems to agree with me that there are no human subspecies, and he endorses a weaker form of (...) racial naturalism. However, he supports his preferred version of ‘racial naturalism’ with arguments that are not well described as ‘naturalistic’. I argue that Spencer offers us an unnaturalised racial naturalism. (shrink)

Racial epithets are terms used to characterize people on the basis of their race, and are often used to harm the people that they target. But what do racial epithets mean, and how do they work to harm in the way that they do? In this essay I set out to answer these questions by offering a pragmatic view of racial epithets, while contrasting my position with Christopher Hom's semantic view.

This essay presents racial literacy and racial dexterity as educational desiderata, especially for white students. Racial literacy is defined as the ability to recognize and interpret racial nuances in real social engagements. Racial dexterity is defined as the ability to engage successfully with diverse racial contexts. After defining racial literacy and racial dexterity, Kevin Harrelson analyzes these skills by contrasting them with racial naivety and racial anxiety. He argues that transitioning (...) from naivety to literacy, and from anxiety to dexterity, requires treating cross-racial interactions as key learning events. (shrink)

Drawing on Frederick Douglass’s arguments about racial pride, I develop and defend an account of feeling racial pride that centers on resisting racialized oppression. Such pride is racially ecumenical in that it does not imply partiality towards one’s own racial group. I argue that it can both accurately represent its intentional object and be intrinsically and extrinsically valuable to experience. It follows, I argue, that there is, under certain conditions, a morally unproblematic, and plausibly valuable, kind of (...) racial pride available to white people, though one that could hardly differ more from what is generally meant by “white pride.”. (shrink)

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

Statistical evidence is crucial throughout disparate impact’s three-stage analysis: during (1) the plaintiff’s prima facie demonstration of a policy’s disparate impact; (2) the defendant’s job-related business necessity defense of the discriminatory policy; and (3) the plaintiff’s demonstration of an alternative policy without the same discriminatory impact. The circuit courts are split on a vital question about the “practical significance” of statistics at Stage 1: Are “small” impacts legally insignificant? For example, is an employment policy that causes a one percent disparate (...) impact an appropriate policy for redress through disparate impact litigation? This circuit split calls for a comprehensive analysis of practical significance testing across disparate impact’s stages. Importantly, courts and commentators use “practical significance” ambiguously between two aspects of practical significance: the magnitude of an effect and confidence in statistical evidence. For example, at Stage 1 courts might ask whether statistical evidence supports a disparate impact (a confidence inquiry) and whether such an impact is large enough to be legally relevant (a magnitude inquiry). Disparate impact’s texts, purposes, and controlling interpretations are consistent with confidence inquires at all three stages, but not magnitude inquiries. Specifically, magnitude inquiries are inappropriate at Stages 1 and 3—there is no discriminatory impact or reduction too small or subtle for the purposes of the disparate impact analysis. Magnitude inquiries are appropriate at Stage 2, when an employer defends a discriminatory policy on the basis of its job-related business necessity. (shrink)

This article introduces a concept that I refer to as racialized forgiveness. Cases that exemplify certain conditions that I take as paradigmatic of the problem of racialized forgiveness include instances in which: who is forgiven or not is determined by the race of the offender; praise and criticisms of forgiveness are determined by the race of the victim; and praise and criticisms of forgiveness are, at least implicitly, racially self-serving. I argue that this practice is morally objectionable because of its (...) psychological origins, moral failures, and negative effects. Accordingly, in order to dodge these pitfalls, we need to practice forgiveness differently. (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)

Philosophers of race and other writers in the Black and Latinx intellectual traditions have remarked on what it is like to live under “the racial gaze,” to be shaped and limited by the way whites perceive us. However, little work has been spent developing how the racial gaze functions in whites’, and other racially privileged people’s, moral psychology. I argue in this paper that there is a morally objectionable way of perceiving people of color. This claim builds on (...) an insight from Iris Murdoch that our perception can be morally evaluable and extends it to issues of race. I articulate how racial stereotypes and misvaluing distort one’s perception of people of color and that these distortions are organizing around a dominant conception for race that plays an important role in the oppression of people of color. I believe understanding racist perception lays a foundation for understanding the moral dimensions of interpersonal (as opposed to structural) racism. (shrink)

Our concern in this paper lies with a common argument from racial discrimination to realism about races: some people are discriminated against for being members of a particular race (i.e., racial discrimination exists), so some people must be members of that race (i.e., races exist). Error theorists have long responded that we can explain racial discrimination in terms of racial attitudes alone, so we need not explain it in terms of race itself. But to date there (...) has been little detailed discussion of whether it is better to explain racial discrimination in terms of race or in terms of racial attitudes alone. Our goal is to offer a novel and detailed argument in defense of explaining racial discrimination in terms of racial attitudes alone, by attending to the neglected phenomenon of misperception discrimination, which involves differential treatment due to misperceived race. We argue that the discriminatory action in misperception cases must be explained in the same way as cases where (according to the realist) the victim’s race is accurately perceived. Thus, the victim’s actual race cannot provide the best explanation. The main upshot of our argument is that explanatory arguments from racial discrimination to realism about race fail. (shrink)

This is my reply essay (1000 words) to Travis Timmerman's "A Case for Removing Confederate Monuments" in Bob Fisher's _Ethics, Left and Right: The Moral Issues That Divide Us_ volume (2020). In it, I explain why I think the mere harm from the racial offense a monument may cause does not justify removing it.

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

In response to recent controversies about racial transitioning, I provide an argument that deceptions about ancestry may sometimes constitute fraud. In order to arrive at this conclusion, I criticize the arguments from analogy made famous by Rebecca Tuvel and Christine Overall. My claim is that we should not think of racial transitioning as similar to gender transitioning, because different identity groups possess different kinds of obstacles to entry. I then provide historical surveys of American racial categories and (...) the various types of passing common in American history, in order to distinguish the potentially fraudulent from the relatively innocent styles of passing. (shrink)

I examine the origins of ordinary racial thinking. In doing so, I argue against the thesis that it is the byproduct of a unique module. Instead, I defend a pluralistic thesis according to which different forms of racial thinking are driven by distinct mechanisms, each with their own etiology. I begin with the belief that visible features are diagnostic of race. I argue that the mechanisms responsible for face recognition have an important, albeit delimited, role to play in (...) sustaining this belief. I then argue that essentialist beliefs about race are driven by some of the mechanisms responsible for “entitativity perception”: the tendency to perceive some aggregates of people as more genuine groups than others. Finally, I argue that coalitional thinking about race is driven by a distinctive form of entitativity perception. However, I suggest that more data is needed to determine the prevalence of this form of racial thinking. (shrink)

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

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

Luminaries like Martin Luther King, Jr. urge that Black Americans love even those who hate them. This can look like a rejection of anger at racial injustice. We see this rejection, too, in the growing trend of characterizing social justice movements as radical hate groups, and people who get angry at injustice as bitter and unloving. Philosophers like Martha Nussbaum argue that anger is backward-looking, status focused, and retributive. Citing the life of the Prodigal Son, the victims of the (...) Charleston Church shooting, Gandhi, and King, she claims that we should choose love instead of anger – not only in our intimate relationships but also in the political realm. Buddhist monk and scholar, Śāntideva, argued that anger is an obstacle to love. Anger leads to suffering. Love frees us from suffering. All this makes an initially compelling case against anger at racial injustice. In addition, although philosophers Jeffrie Murphy and Antti Kauppinen argue that anger communicates self-respect and valuing, respectively––they make no connection between agape love and anger. In this essay I’ll show that the love King and others have in mind––agape love––is not only compatible with anger at hateful racists and complicit others, but finds valuable expression in such anger. (shrink)

The semantics of racial slurs has recently become a locus of debate amongst philosophers. While everyone agrees that slurs are offensive, there is disagreement about the linguistic mechanism responsible for this offensiveness. This paper places the debate about racial slurs into the context of a larger issue concerning the interface between semantics and pragmatics, and argues that even on minimalist assumptions, the offensiveness of slur words is more plausibly due to their semantic content rather than any pragmatic mechanism. (...) Finally, I note that slurs make a good test case for expanding our semantic theories beyond the truth conditional tradition of Frege, which will be necessary in order to broaden the types of expressions handled by semantic theories. (shrink)