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)

This article discusses the adequacy of Rawls’ theory of justice as a tool for racial justice. It is argued that critics like Charles W Mills fail to appreciate both the insights and limits of the Rawlsian framework. The article has two main parts spread out over several different sections. The first is concerned with whether the Rawlsian framework suffices to prevent racial injustice. It is argued that there are reasons to doubt whether it does. The second (...) part is concerned with whether a Rawlsian framework has the resources to rectify past racial injustice. It is argued that it has more resources to do this than Mills allows. This second part of the article centers on two Rawlsian ideas: ideal theory and the fair equality of opportunity principle. It is argued that ideal theory is essential for the kind of rectificatory work that Mills wants nonideal theory to do, and that where there is a socioeconomic legacy of past injustice, it is hard to see how FEO could be implemented if it did no rectificatory work, a result which means that there is less need to turn to nonideal theory at all. (shrink)

In our recent article, together with more than 60 of our colleagues, we outlined a proposal for drug policy reform consisting of four specific yet interrelated strategies: (1) de jure decriminalization of all psychoactive substances currently deemed illicit for personal use or possession (so-called “recreational” drugs), accompanied by harm reduction policies and initiatives akin to the Portugal model; (2) expunging criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs (and releasing those serving (...) time for these offenses), while delivering retroactive ameliorative relief; (3) the ultimate legalization and careful regulation of currently illicit drugs; and (4) the delivery of a new “Marshall Plan” focused on community-building initiatives, expanded harm reduction programs, and social and health care support efforts (Earp et al. 2021). We were gratified to see so many thoughtful commentaries on our proposal, and we respond to them in part in this reply. (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)

Like American politics, the academic debate over justice is polarized, with almost all theories of justice falling within one of two traditions: egalitarianism and libertarianism. This book provides an alternative to the partisan standoff by focusing not on equality or liberty, but on the idea that we should give people the things that they deserve. Mulligan argues that a just society is a meritocracy, in which equal opportunity prevails and social goods are distributed strictly on the basis of (...) merit. That gives citizens their just deserts. In addition to its novel conceptual approach, meritocracy is distinctive from existing work in two ways. First, it is grounded in research on how people actually think about justice. Empirical research reveals that people don't think that social goods should be distributed equally. Nor do they dismiss the idea of social justice. Across ideological and cultural lines, people want rewards to reflect merit. Second, the book discusses hot-button political issues and makes concrete policy recommendations. These issues include anti-meritocratic bias against women and racial minorities and the United States’ widening economic inequality. Justice and the Meritocratic State offers a new theory of justice and provides solutions to our most vexing social and economic problems. It will be of keen interest to philosophers, economists, and political theorists. (shrink)

This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. (...) I argue that a historicized difference principle considers the relative standing of racial, gender, and other historically stigmatized groups; provides their members assurance by weakening incentives to manipulate justice to another group’s advantage; and may result in policies resembling reparations, though justified by forward-looking considerations of self-respect and public assurance. I then examine how disrespectful justifications were historically used to forcibly include indigenous peoples as citizens. While Rawls thinks providing citizens one package of basic liberties signals respect, indigenous self-government could better support self-respect. I invoke Rawlsian international justice, which calls for mutual respect between peoples. Indigenous peoples’ status should reflect their past and persisting peoplehood, providing assurance by weakening incentives to unjustly transform international into domestic contexts. (shrink)

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

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)

I defend an empirically-oriented approach to the analysis and remediation of social injustice. My springboard for this argument is a debate—principally represented here between Tommie Shelby and Elizabeth Anderson, but with much deeper historical roots and many flowering branches—about whether racial-justice advocacy should prioritize integration (bringing different groups together) or community development (building wealth and political power within the black community). Although I incline toward something closer to Shelby’s “egalitarian pluralist” approach over Anderson’s single-minded emphasis on integration, many (...) of Shelby’s criticisms of integrationism are misguided, and his handling of the empirical literature is profoundly unbalanced. In fact, while both Shelby and Anderson defend the importance of social science to their projects, I’ll argue that each takes a decidedly unempirical approach, which ultimately obscures the full extent of our ignorance about what we can and ought to do going forward. A more authentically empirical tack would be more epistemically humble, more holistic, and less organized around what I’ll call prematurely formulated “Grand Unified Theories of Social Change.” I defend a more “diversified experimentalist” approach, which rigorously tests an array of smaller-scale interventions before trying to replicate and scale up the most promising results. (shrink)

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

The images of human suffering from New Orleans in the aftermath of Hurricane Katrina remain seared in our nation's collective memory. More than 8 years on, the city and its African-American population still have not recovered fully. This reality highlights an important truth: the disturbances that accompany climate change will first and foremost affect minority communities, many of whom are economically disadvantaged. This paper: (1) describes how Hurricane Katrina, an example of the type of natural disaster that will become more (...) prevalent with intensifying climate change, has impacted the black community of New Orleans; (2) explores the notion that African Americans, in the midst of racial oppression, have developed a unique and powerful brand of environmental thought that has much to contribute to mainstream environmentalism; and (3) argues that the voice of the black community, which has a vested interest in climate outcomes, is critically needed in today's climate debate. (shrink)

I will argue that just and accurate assessment must involve taking into account how racial injustice affects students’ performance in their work. To this end, I will motivate what I call the RACIAL-INJUSTICE-ASSESSMENT THESIS. According to this thesis, instructors must account for how racial injustice affects a student’s work for an instructor’s judgment of her work to count as just. To motivate the RACIAL-INJUSTICE ASSESSMENT THESIS, I will defend the ACCURACY THESIS and the JUSTICE THESIS. (...) According to the ACCURACY THESIS, the accuracy of an instructor’s judgment of a student’s work will covary with the degree to which she considers how racial injustice affects the performance enshrined in the student’s the work. According to the JUSTICE THESIS, the justness of instructors’ judgments of student work covary with the degree to which instructors consider racial injustice’s effect on student work. (shrink)

In response to Zack’s “White Privilege​ and Black Rights”, I consider her account of the hunting schema in light of police violence against black women. I argue that although Zack provides us with a compelling account of racial profiling and police brutality, the emotional aspect she attributes to the hunting schema is too charitable. I then claim that Zack’s hunting schema fails to account for state violence against black women and in doing so she only tells a partial story (...) of comparative injustice as it relates to police brutality of blacks. (shrink)

James Baldwin wrote: "People who shut their eyes to reality simply invite their own destruction, and anyone who insists on remaining in a state of innocence long after that innocence is dead turns himself into a monster." When people impute meanings to events--such as the 2020 killing of George Floyd, the shooting of Jacob Blake, and subsequent upheavals--they do so with ideas that already make sense to them. And what makes most sense to people is typically due to others with (...) whom they share identities and experiences, and from whom they’ve inherited their basic intellectual scaffolding. But making sense of an event isn’t enough. We’re driven to mobilize action by convincing ourselves that our cause is morally or politically in the right. So people build on their stable-yet-evolving intellectual scaffolding and explanatory schemes to rationalize, justify, and sanctify their conduct. The easiest part of becoming what Baldwin called a moral monster is to build up these self-justifying rationalizations. The more complicated part is to construct a justifying consciousness that insures we’ll arrive safely at foregone conclusions with little risk of confronting others’ experiences in a way that might unsettle our equilibrium or sap our vehemence. In this way, people avoid facing realities that might upend their pretenses, so they are now ideally positioned to be, in Dewey’s words, “profoundly moral even in their immoralities.". (shrink)

South Africa is a highly distributively unequal country, and its inequality continues to be largely along racial lines. Such circumstances call for assessment from the perspective of contemporary theories of distributive justice. Three such theories—Rawlsian justice, utilitarianism, and luck egalitarianism—are described and applied. Rawls' difference principle recommends that the worst off be made as well as they can be, a standard which South Africa clearly falls short of. Utilitarianism recommends the maximization of overall societal well-being, a goal (...) which South Africa again fails to achieve given its severe inequality and the fact of the diminishing marginal value of money—that a given amount of money tends to produce more utility for a poor person than it does for a rich person. The final theory, luck egalitarianism, aims to make distributions sensitive to individual exercises of responsibility. This view also objects to South Africa's inequality, this time on the basis that the poor are overwhelmingly worse off through no fault or choice of their own. These major theories of distributive justice therefore all propose large-scale redistribution to the benefit of the (predominantly black) poor. Perhaps more surprisingly, all three views also provide support for socio-economic affirmative action, as opposed to South Africa's race-based Black Economic Empowerment. (shrink)

In the literature on transitional justice, there is disagreement about whether countries like the United States can be characterized as transitional societies. Though it is widely recognized that transitional justice mechanisms such as truth commissions and reparations can be used by Global North nations to address racial injustice, some consider societies to be transitional only when they are undergoing a formal democratic regime change. We conceptualize the political situation of low-income Black communities under the U.S. imprisonment and (...) policing regime in terms of three criteria for identifying transitional contexts: normalized collective and political wrongdoing, pervasive structural inequality, and the failure of the rule of law. That these criteria are met, however, does not necessarily mean that a transition is taking place. Drawing on the American political development and abolition democracy literatures, we discuss what it would mean for the United States to transition out of its present imprisonment and policing regime. A transitional justice perspective shows the importance of not only pushing for truth and reparation, but for an actual transition. (shrink)

Drawing on the work of Charles W. Mills and considering the case of reparations to Black Americans, this article defends the “structural turn” in the philosophical reparations scholarship. In the Black American context, the structural turn highlights the structural and institutional operations of a White supremacist political system and a long chronology of state-sponsored injustice, as opposed to enslavement as a standalone historical episode. Here, the question whether distributive justice is more appropriate than reparative justice is particularly pressing, (...) since structural racial inequalities form part of the basis for reparations. Derrick Darby’s pragmatic argument for non-race-specific redistributive policies and Tommie Shelby’s principled defense of distributive justice are both considered, as well as the challenge to the structural turn that comes from Carlton Waterhouse’s argument for reparations for enslavement rather than “legacy of slavery” reparations. (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 (...) class='Hi'>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)

Violence risk assessment tools are increasingly used within criminal justice and forensic psychiatry, however there is little relevant, reliable and unbiased data regarding their predictive accuracy. We argue that such data are needed to (i) prevent excessive reliance on risk assessment scores, (ii) allow matching of different risk assessment tools to different contexts of application, (iii) protect against problematic forms of discrimination and stigmatisation, and (iv) ensure that contentious demographic variables are not prematurely removed from risk assessment tools.

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

This essay develops Kant’s theory of reform to theorize racial justice reform. I assess the function of Kant’s philosophy of race as part of his nonideal theory of justice, which offers a racist pragmatic anthropology that uses the concept of race to determine the practical effectiveness of legislative reason. His philosophy of race defends a teleological account of the natural history of the human species to fulfill the requirements of justice and assumes that certain racial (...) groups have failed to develop their innate capacity for legislative reason. I show that we need an alternative Kantian nonideal theory of justice that demonstrates how legislative reason actualizes practical freedom. Rather than appeal to anthropology, I expand Kant’s model of public reason to advance racial justice reform under the conditions of partial compliance to the requirements of justice in a profoundly nonideal republic such as the U.S. I then showcase the promise—and limits—of the a priori ideals of citizenship and publicity for racial justice reform and introduce the ideal of interracial civic fellowship to guide the public use of reason in nonideal circumstances. (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)

Solidarity within a group facing adversity exemplifies certain human goods, some instrumental to the goal of mitigating the adversity, some non-instrumental, such as trust, loyalty, and mutual concern. Group identity, shared experience, and shared political commitments are three distinct but often-conflated bases of racial group solidarity. Solidarity groups built around political commitments include members of more than one identity group, even when the political focus is primarily on the justice-related interests of only one identity group (such as African (...) Americans). A solidarity group is more than a mere political coalition or alliance. Two other forms of political- commitment solidarity groups are ones devoted to racial justice more generally, and social justice even more generally. Racially plural political solidarity groups realize values beyond the afore-mentioned solidaristic ones, in meeting the challenges of different races working together. (shrink)

This paper makes an argument for the democratic value of distrust. It begins by analyzing distrust, since distrust is not merely the negation of trust. The account that it develops is based primarily on Martin Luther King Jr.’s work in Why We Can’t Wait. On this view, distrust is the confident belief that another individual or group of individuals or an institution will not act justly or as justice requires. It is a narrow normative account of distrust, since it (...) concerns a specific normative task. Distinctions between vertical and horizontal distrust, as well as trust and agnostic trust are also discussed. This paper argues that distrust’s democratic value lies in its ability to secure democracy by protecting political minorities from having their voices ignored. As such, distrust can be viewed as a kind of Madisonian “check and balance” that works to prevent tyranny. Distrust also works to secure democracy by forging new or alternative forms of democratic participation. The main example discussed in this paper is King’s involvement in the Birmingham Campaign during the Black Civil Rights movement in America. In this case, King and his supporters’ distrust of fellow White citizens and political institutions led to alternative forms of political expression such as non-violent protests, boycotts, and other forms of civil disobedience, all of which led to greater racial justice by working to alleviate White tyranny. (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)

A complimentary assessment of Blum's award-winning book about racism and its affects. Well written as it is, it needs to be supplemented with a definition of racial injustice, and also to analyze racism not only on the level of individual morality but from a human rights perspective that discredits political and economic motives for racism (e.g., by drawing on Hannah Arendt's Origins of Totalitarianism).

In this tour-de-force, Elvira Basevich examines this paradox by tracing the development of W.E.B. Du Bois's life and thought and the relevance of his legacy to our troubled age. She adroitly analyzes the main concepts that inform Du Bois’s critique of American democracy, such as the color line and double consciousness, before examining how these concepts might inform our understanding of contemporary struggles, from Black Lives Matter to the campaign for reparations for slavery. She stresses the continuity in Du Bois’s (...) thought, from his early writings to his later embrace of self-segregation and Pan-Africanism, while not shying away from assessing the challenging implications of his later work.This wonderful book vindicates the power of Du Bois’s thought to help transform a stubbornly unjust world. It is essential reading for racial justice activists as well as students of African American philosophy and political thought. (shrink)

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

The Brown vs. Board of Education decision of 1954 mandated school integration. The decision also to recognize that inequalities outside the schools, of both a class- and race-based nature, prevent equality in education. Today, the most prominent argument for integration is that disadvantaged students benefit from the financial, social, and cultural “capital” of middle class families when the children attend the same schools. This argument fails to recognize that disadvantaged students contribute to advantaged students’ educational growth, and sends demeaning messages (...) to the disadvantaged students and messages of unwarranted superiority to the advantaged. Parents, teachers, and schools can adopt a justice perspective that avoids these deleterious aspects of the capital argument, and helps create a community of equals inside the integrated school. Struggles for educational justice must remain closely linked with struggles of both a class- and race-based nature for other forms of justice in the wider society. (shrink)

I address the objection that the concept of racism has become overly inflated. Critics of the conceptual inflation of “racism” argue that theories of institutional racism engage in untoward conceptual inflation insofar as they undermine our moral understanding of racial phenomena, hinder our ability to explain the causes of racial inequality, and even undercut struggles for racial justice. I develop an original account of institutional racism and show that it is immune to all three versions of (...) the conceptual inflation challenge. (shrink)

While those who take a "structuralist" approach to racial justice issues are right to call attention to the importance of social practices, laws, etc., they sometimes go too far by suggesting that antiracist efforts ought to focus on changing unjust social systems rather than changing individuals’ minds. We argue that while the “either/or” thinking implied by this framing is intuitive and pervasive, it is misleading and self-undermining. We instead advocate for a “both/and” approach to antiracist moral education that (...) explicitly teaches how social structures influence ideas about race and how ideas about race shape, sustain, and transform social structures. Ideally, antiracist moral education will help people see how social change and moral progress depend on the symbiotic relations between individuals and structures. We articulate a conception of “structure-facing virtue” that exemplifies this hybrid approach to illuminate the pivotal role moral education plays in the fight for racial justice. (shrink)

Often described as an outcome, inequality is better understood as a social process -- a function of how institutions are structured and reproduced, and the ways people act and interact within them across time. Racialized inequality persists because it is enacted moment to moment, context to context -- and it can be ended should those who currently perpetuate it commit themselves to playing a different role instead. This essay makes three core contributions: first, it highlights a disturbing parity between the (...) people who are most rhetorically committed to ending racialized inequality and those who are most responsible for its persistence. Next, it explores the origin of this paradox – how it is that ostensibly antiracist intentions are transmuted into ‘benevolently racist’ actions. Finally, it presents an alternative approach to mitigating racialized inequality, one which more effectively challenges the self-oriented and extractive logics undergirding systemic racism: rather than expropriating blame to others, or else adopting introspective and psychologized approaches to fundamentally social problems, those sincerely committed to antiracism can take concrete steps in the real world – actions which require no legislation or coercion of naysayers, just a willingness to personally make sacrifices for the sake of racial justice. (shrink)

This paper takes up the question of how videographic public announcements (VPAs)---i.e. videos that a wide swath of the public sees and knows that everyone else can see too--- have functioned to mobilize people politically, and how the presence of deepfakes in our information environment stands to change the dynamics of this mobilization. Existing work by Regina Rini, Don Fallis and others has focused on the ways that deepfakes might interrupt our acquisition of first-order knowledge through videos. But I point (...) out that even where every audience member takes a video to be veridical, where first-order knowledge acquisition is secure, an audience aware of deepfakes in their environment will not acquire higher order knowledge in the way that has erstwhile been characteristic for audiences of VPAs. Engaging with ideas from the literatures on public announcement logic, common knowledge, and convention, I enumerate a variety of ways in which we should expect this absence of higher order knowledge to throw up barriers to political mobilization. I go on to apply my analysis of VPAs to the mechanisms by which an uptick in publicly available videos of police brutality over the last decade, mediated by camera phones and social media, was responsible for the largest mass protests in US history in summer 2020. This makes vivid the stakes of the transformation in our mobilizing environment that I've claimed deepfakes effect: where we lose the common-knowledge-generating effects of VPAs, there are fresh obstacles to this sort of mass mobilization. (shrink)

Abortion restrictions are particularly good for black women—at least in the United States. This claim will likely strike many as outlandish. And numerous commentaries on abortion restrictions have suggested otherwise: many authors have lamented the effects of abortion restrictions on women, and black women in particular—these restrictions are bad for them, these authors say. However, abortion restrictions are clearly good for black women. This is because if someone is prevented from performing a morally wrong action, it’s good for her. For (...) example, it’s good for Sarah if she’s prevented from driving home drunk. However, since abortion is morally wrong, it follows that it’s good for women when they are prevented from getting an abortion. And since black women get abortions at disproportionately high rates, abortion restrictions are good in particular for black women. Indeed, this is an example of a positive effect of intersectionality. (shrink)

As belief in the reality of race as a biological category among U.S. anthropologists has fallen, belief in the reality of race as a social category has risen in its place. The view that race simply does not exist—that it is a myth—is treated with suspicion. While racial classification is linked to many of the worst evils of recent history, it is now widely believed to be necessary to fight back against racism. In this article, I argue that race (...) is indeed a biological fiction, but I critique the claim that race is socially real. I defend a form of anti‐realist reconstructionism about race, which says that there are no races, only racialized groups—groups mistakenly believed to be races. I argue that this is the most attractive position about race from a metaphysical perspective, and that it is also the position most conductive to public understanding and social justice. (shrink)

John Dewey proposed soon after the atomic bombings of Hiroshima and Nagasaki that citizens of techno-industrial nations suffer from "cultural lag" (LW 15:199-200; cf. LW 4:203-28). He had in mind a sort of moral jet lag, a condition in which most of the basic alternatives we have on hand to think and talk about moral and political life, from customary moralizing to sophisticated theorizing, were developed, canned, and pickled on a shelf so long ago that they now lag far behind (...) the multi-faceted problems that our values must speak to. The failure of many countries, most visibly the United States, to effectively navigate climate change and the Covid-19 global pandemic exemplifies our moral jet lag. Our collective responses to the new normal of global disruptions are, in William James’s words in Pragmatism, “out of plumb and out of key and out of ‘whack’” (1907, 37). The American philosophical tradition that includes James and Dewey has long sought to compensate for the excesses of America’s hyper-individualism and its anti-naturalistic distrust of experimental intelligence. In this brief analysis of our morally jet lagged response to the Covid-19 pandemic, we draw heavily on two highly articulated intellectual resources for America’s moral, political, and educational recovery: Jane Addams’s social ethics and Dewey’s deeply democratic theory of moral and political deliberation. (shrink)

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

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)

Half of the drug offenders incarcerated in the United States are black, even though whites and blacks use and sell drugs at the same rate, and blacks make up only 13 percent of the population. Noncomparativists about retributive justice see nothing wrong with this picture; for them, an offender’s desert is insensitive to facts about other offenders. By contrast, comparativists about retributive justice assert that facts about others can partially determine an offender’s desert. Not surprisingly, comparativists, especially comparative (...) egalitarians, contend that differential punishment is retributively unjust. I agree with this assessment, but take issue with the reasons egalitarians cite in its favor. In this paper, I argue that differential punishment violates retributive justice because it contributes to structural racial oppression. Over the course of developing and defending this claim, I identify the shortcomings of both comparative egalitarianism and respectarianism, which is the most popular and plausible brand of noncomparativism. (shrink)

Numerous studies indicate that racial minorities are both more likely to be executed for murder and that those who murder them are less likely to be executed than if they murder whites. Death penalty opponents have long attempted to use these studies to argue for a moratorium on capital punishment. Whatever the merits of such arguments, they overlook the fact that such discrimination alters the costs of murder; racial discrimination imposes higher costs on minorities for murdering through tougher (...) sentences, and it imposes lower costs on whites for murdering minorities by dispensing weaker sentences. These cost differentials constitute an injustice not simply to actual minority defendants in capital cases, nor simply to the actual minority victims of murder, but to all members of minority communities. I here offer two arguments for a moratorium on capital punishment: The first draws upon evidence of racial discrimination against minority defendants in capital cases, and claims that such discrimination modifies the costs of murder in such a way that minority individuals do not enjoy equal status under the law. The second draws upon the evidence regarding racial discrimination in relation to the race of victims, and claims that such discrimination modifies the costs of murder in such a way that minority individuals do not enjoy the equal protection of the law. Thus, by not assigning equal costs to murder, the American criminal justice system fails to provide racial minorities the equality under the law and discounts the value of their lives and liberties. A moratorium is the least unjust response to such a social injustice. I also reply to the criticism that a moratorium prevents us from executing deserving murderers. (shrink)

The current thesis discusses how tools for analysing power are developed predominately for adults, and thus remain underdeveloped in terms of understanding injustices related to age, ethnicity/race and gender in childhoods. The overall aim of this dissertation is to inscribe a discourse of intersecting social injustices as relevant for childhoods and child welfare, and by interlinking postcolonial, feminist, and critical childhood studies. The dissertation is set empirically within the policy and practice of Swedish child welfare, here exemplified by the assessment (...) framework Barns Behov i Centrum. It aims to explore how Swedish child welfare, as a field of knowledge, modes of knowing and knowing subjects, constitutes an arena for claims and responses to intersecting social justice issues. The material consists of BBIC primers and selected samples from, a total of 283 case reports from a Swedish social service agency. The case reports address assessments of children. This dissertation is based on four qualitative studies using discourse analysis, as well as analysis inspired by thematic and case-study methodology. Two studies focus on child welfare discourses in BBIC documents involving social problems and violence, and two studies are based on child welfare case reports. Studies I­­-II address child welfare policy and practice by analysing the conditions required for children to participate, in terms of children’s moral status and in terms of status of ‘evidencing’ needs for protection. Studies III­­-IV explore this further from the perspective of intersecting and embodied social injustices in childhoods. Together, the studies interconnect child welfare as a field of knowledge, modes of knowing and knowers with child welfare as a moral arena for claims to rights, recognition, and social justice. The synthesised findings point to child biowelfare, in which justice discourses are largely absent. Biowelfare is informed by a mode of knowing and ‘evidencing’ risks to children’s health and development, which are confined to scientific predicting-believing, seeing-believing by professionals and a moral economy of care, all of which constrain the idea that injustices are structural and intersecting. Biowelfare primarily responds to children as ‘speaking’ biological bodies, rather than as voices of justice. In this sense, injustices of an epistemological nature are interconnected with social injustices. When issues of justice are mobilised in case reports and policy, they come across as rather ‘unjust’, primarily confined to the sphere of the family home of racialised children and not connected to ‘general’ children. In addition to intersections of age, ethnicity/race and gender, class and health are fundamental to recognition and protection in biowelfare. Finally, the dissertation indicates the need for a moral economy which responds to intersecting social injustices such as racial, gender-based and ageist violence in childhoods, and violations of children’s bodily integrity. (shrink)

The technological revolution and appropriation of internet tools began to reshape the material basis of society and the urban space in collaborative, grassroots, leaderless, and participatory actions. The protest squares’ representation on Television screens and mainstream media has been broad. Various health, governmental, societal, and urban challenges have marked the advent of the Covid-19 virus. Inequalities have become more salient as poor people and minorities are more affected by the virus. Social distancing makes the typical forms of protest impossible to (...) carry out. Under social distancing, some state-led policies took advantage of social media to focus on the Covid-19 pandemic to silence social and political activities, censor criticism, and control the press. However, during the pandemic era, the movements for social justice have been particularly active, focusing on defending workers’ rights, mutual aid and solidarity, monitoring policymakers, and popular education. These progressive movements combined concrete practices and experiences to confront the reactionary, capitalist, and governmental actors that sought to shape and envision the world. Through different case studies of protest movements during the pandemic in Europe, the UK, and Asia, this paper argues that at the time of rising racial, social, and economic inequalities, the social activities adapted to the circumstances determined by the social distancing and the impossibility of people gathering in physical spaces. Subsequently, the people in different countries had various individual and collective responses to the support of health workers, systemic inequalities, loss of jobs, and other societal and financial challenges imposed by the governments. It means that, rather than disappearing, the social movements have adapted to the unexpected situations during the pandemic outbreak. The pandemic broke the new digital global wave of protests in this sense. (shrink)

Drawing upon empirical studies of racial discrimination dating back to the 1940’s, the Movement for Black Lives platform calls for the abolition of capital punishment. Our purpose here is to defend the Movement’s call for death penalty abolition in terms congruent with its claim that the death penalty in the U.S. is a “racist practice” that “devalues Black lives.” We first sketch the jurisprudential history of race and capital punishment in the U.S., wherein courts have occasionally expressed worries about (...) racial injustice but have usually taken such evidence to warrant reform but not outright abolition. We argue that the racial discrimination at issue flows in significant part from implicit biases concerning race, criminality, and violence, which do not fit comfortably within the picture of racial bias advanced by the courts. The case for abolition, we contend, rests on Black Americans as a class (not merely those who interact with the criminal justice system as capital defendants or as murder victims) being subject to such bias and thereby not being accorded equal status under the law. (shrink)

The idea of epistemic temperance is introduced and explicated through a discussion of Plato's understanding of it. A variety of psychological and epistemic phenomena are presented which arise due to epistemic intemperance, or the inappropriate influence of conations on cognition. Two cases familiar to philosophers, self-deception and racial prejudice, are discussed as the result of epistemic intemperance though they are not typically seen as having a common cause. Finally, epistemic temperance is distinguished from epistemic justice, as these have (...) been conflated. (shrink)

This chapter argues for a structural injustice approach to the governance of AI. Structural injustice has an analytical and an evaluative component. The analytical component consists of structural explanations that are well-known in the social sciences. The evaluative component is a theory of justice. Structural injustice is a powerful conceptual tool that allows researchers and practitioners to identify, articulate, and perhaps even anticipate, AI biases. The chapter begins with an example of racial bias in AI that arises from (...) structural injustice. The chapter then presents the concept of structural injustice as introduced by the philosopher Iris Marion Young. The chapter moreover argues that structural injustice is well suited as an approach to the governance of AI and compares this approach to alternative approaches that start from analyses of harms and benefits or from value statements. The chapter suggests that structural injustice provides methodological and normative foundations for the values and concerns of Diversity, Equity, and Inclusion. The chapter closes with an outlook onto the idea of “structure” and on responsibility. The idea of a structure is central to justice. An open theoretical research question is to what extent AI is itself part of the structure of society. Finally, the practice of responsibility is central to structural injustice. Even if they cannot be held responsible for the existence of structural injustice, every individual and every organization has some responsibility to address structural injustice going forward. (shrink)

Troubled times often gives rise to great art that reflects those troubles. So too with political theory. The greatest work of twentieth century political theory, John Rawls's A theory of justice, was inspired in various respects by extreme social and economic inequality, racialized slavery and racial segregation in the United States. Arguably the most influential work of political theory since Rawls—Michael Walzer's Just and unjust wars—a sustained and historically informed reflection on the morality of interstate armed conflict—was written (...) in the midst of the Vietnam War. It should be no surprise, then, that the bellicose period of the past 20 years should give rise to a robust new literature in political theory on the morality of armed conflict. It has been of uneven quality, and to some extent episodic, responding to particular challenges—the increased prevalence of asymmetric warfare and the permissibility of preventive or preemptive war—that have arisen as a result of specific events. In the past decade, however, a group of philosophers has begun to pose more fundamental questions about the reigning theory of the morality of armed conflict warfare—just war theory—as formulated by Walzer and others. Jeff McMahan's concise, inventive and tightly argued work Killing in war is without doubt the most important of these challenges to the reigning theory of the just war. This review article discusses McMahan's work, some of the critical attention it has received, and its potential implications for practice. (shrink)

I intend to: a) clarify the origins and de facto meanings of the term relativism; b) reconstruct the reasons for the birth of the thesis named “cultural relativism”; d) reconstruct ethical implications of the above thesis; c) revisit the recent discussion between universalists and particularists in the light of the idea of cultural relativism.. -/- 1.Prescriptive Moral Relativism: “everybody is justified in acting in the way imposed by criteria accepted by the group he belongs to”. Universalism: there are at least (...) some judgments which are valid inter-culturally Absolutism: there are at least some particular prescriptions which are valid without exception everywhere and always -/- 2. The traditional proof of prescriptive moral relativism: the argument from variability: Judgments, rules, and shared values are de facto variable in time and space. The traditional counter-proof: examples of variability do not prove what skeptics contend. -/- 3. Pre-history of the doctrine -Ancient sophists: either immoralist or contractualist -Modern moral scepticism (xvii c.): variability as an historical and ethnographic fact supports a sceptical conclusion more moderate than sheer immoralism. - Voltaire, Kant, Reid counter-attack pointing at a universally shared moral sense - Romantics and idealists stage an even more moderate reformulation: instead of universally shared moral sense they point at the Spirit of a People which is: a)alternative to abstract and universal philosophical systems as far as it is lived ‘culture’; b) indivisible unity with an inner harmony and a source of normative standards; c) dynamic, in so far as it is a manifestation of the Spirit through the becoming of National cultures. -/- 4. The birth of Cultural Relativism and its ethical implications 4.1. The 18th c. doctrine was the noble savage (a non-historical doctrine: state of nature vs. social state) 4.2 Edward Tylor (1832-1817) and ethnocentric historicism Savage moral standards are real enough, but they are far and weaker than ours. 4.3 Boas and Malinowski and an holistic reaction to ethnocentric historicism -/- Franz Boas (1858-1942): a) Development of civilizations is not ruled by technical progress nor does it follow a one-way path; instead there are parallel developments (for ex. Agriculture does not follow stock-raising); b) racial characters have no relevance in development of civilization; c) we are not yet in a position to compare externally identical kinds of behaviour till we have not yet understood beliefs and intentions laying at their roots (for ex.: “From an ethnological point of view murder cannot be considered as a single phenomenon”; d) we should distinguish among different practices which are only superficially similar (fro ex. practices traditionally classified under the label “tabù”); e) there is as a fact just one normative ethic, constant in its contents but varying in its extension; f) the implication is not that we cannot judge behavior by members of other groups; it is only a recommendation of caution. -/- Bronislaw Malinowski (1884-1942): a) against Tylor’s and Frazer’s “magpie” methodology, field-work is required, a culture as a whole should be observed from inside; individual elements are incomprehensible; b) a culture is an organic whole; c) its elements are accounted for by their function (economy), avoiding non-observables (empio-criticism). -/- Ruth Benedict and Melville Herskovitz identify Boas’s approach with “cultural relativism”. Benedict: what is normal and abnormal is to be judged on a culture’s own standards, not on our own (“Anthropology and the Abnormal”). Herskovits: “Boas adumbrates what we have come to call cultural relativism” (The Mind, p. 10); “Judgements are based on experience, and experience is interpreted by each individual in terms of his own enculturation” (Man and his Works). -/- 4. How analytic philosophy understood and misunderstood the discussion 4.1. At the beginning of the 20th c., the new view in ethics was non-cognitivism (emotivist and subjectivist). Eric Westermark combines this view with an old-style ethnographic approach in support of relativity of moralities. Moralities are codes, or systems of emotive ‘disinterested’ reactions selected by evolution on their usefulness in terms of survival value for the society that is the carrier of such systems or codes. The moral relativity thesis: there are cases of disagreement that cannot be settled even after agreement about facts. 4.2 Anti-realists Brandt, Mackie, Gilbert, Harman adopt Westermark’s approach in a more sophisticated version: a) moralities are codes with an overall function and may be appraised only as wholes; b) variability is an argument for moral subjectivism; c) apparent legitimacy of deriving shift from ought is legitimized only within one institution d) morality should not be described but instead made, and existing moralities may be improved. Is it ‘real’ relativism? It is clearly subjectivism (a metaethical thesis). The normative thesis is that there better and worse codes, and survival values is the normative standard. -/- 4.3 Particularists MacIntyre, Sandel, Taylor, Wiggins, McDowell ‘Wittgensteinian’ prospectivist arguments bent to support weak-relativist claims MacIntyre: there is ‘incommensurability’ between different theoretical systems in both science and ethics. No argument is possible through different systems Different traditions may coexist for a long time without being able to bring their conflicts to a rational solution. -/- 4.4 Kantian universalists Baier, Gewirth, Rawls, Apel, Habermas Shared claim: justice concerns the right and is universal in so far as it may be based on minimal assumptions Other virtues are relative to context in so far as they are related to comprehensive views of the good - O’Neill criticism: a) it is an assumption shared by both alignments; b) after an alleged crisis brought about by alleged loss of metaphysical certainties, theories of justice have dropped demanding assumptions and kept universalism, virtue theories have kept demanding assumptions and dropped universalism; c) the opposition of virtue and justice has arisen in an unjustified way. O’Neill’s positive proposal: ‘constructive’ procedures may be adopted both (i) concerning all the range of virtues and (ii) across cultures once we abandon idealization and confine ourselves to abstraction from real-world cases. -/- 4.5 A metaethical relativist and anti-relativist normative ethicists: Bernard Williams Williams: vulgar relativism may be assumed to claim that: a) 'just' means 'just in a given society'; b) 'just in a given society' is to be understood in functionalist sense; c) it is wrong for one society’s members to condemn another society’s values. It is inconsistent since in (c) uses ‘just’ in a non-relative way that has been excluded in (a). William’s positive proposal: i) keep a number of substantive or thick ethical concepts that will be different in space and time; ii) admit that public choices are to be legitimized through recourse to more abstract procedures and relying on more thin ethical concepts. -/- 5. Critical remarks 5.1 The only real relativism available is ‘vulgar’ relativism (Westermark?) 5.2. Descriptive universalism (or absolutism) has a long pedigree, from Cicero on, reaching Boas himself but it is useless as an answer to normative questions 5.3. Twentieth-century philosophical discussion seems to discuss an ad hoc doctrine reconstructed by assembling obsolete philosophical ideas but ignoring the real theory of cultural relativism as formulated by anthropologists. -/- 6. A distinction between ethoi and ethical theories as a way out of confusions a)There are systems of conventions de facto existing. These may be studies from outside as phenomena or facts. b)There is moral argument and this, when studies from outside, is a fact, but this does not influence in any degree the possible validity of claims advanced. c) the difference between the above claims and Mackie’s criticism to Searle’s argument of the promising game is that promises, arguments etc. are also phenomena, but they are also communicative phenomena with a logical and pragmatic structure. -/- 7.Conclusions: a) cultural relativism, as a name for Boas’s methodology is a valuable discovery, and in this sense we are all relativists; b) ethical relativism, as an alleged implication of cultural relativism, has been argued in a philosophically quite unsophisticated way by Benedict and Herskovits; philosophers apparently discussed ethical relativism in the basis of a rather faint impression of what cultural relativism had been. c) a full-fledged ethical relativism has hardly been defended by anybody among philosophers; virtually no modern philosopher really argued a prescriptive version of the thesis; d) we may accept the grain of truth in ethical relativism by including relativist critique to ethical absolutism into a universalist normative doctrine that be careful in separating open-textured formulations of universal claims from culturally conditioned particular prescriptions. -/- . 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The practice of Emergency Management in Michigan raises anew the question of whose knowledge matters to whom and for what reasons, against the background of what projects, challenges, and systemic imperatives. In this paper, I offer a historical overview of state intervention laws across the United States, focusing specifically on Michigan’s Emergency Manager laws. I draw on recent analyses of these laws to develop an account of a phenomenon that I call epistemic redlining, which, I suggest, is a form of (...) group-based credibility discounting not readily countenanced by existing, ‘culprit-based’ accounts of epistemic injustice. I argue that epistemic redlining plays a crucial role in ongoing projects of racialized subordination and dispossession in Michigan, and that such discounting tends to have structural causes that can be difficult to identify and uproot. Contrary to the general thrust of recent work on the topic, I argue that epistemic redlining ought to be understood as a form of epistemic injustice. (shrink)

It is often thought that traditional recidivism prediction tools used in criminal sentencing, though biased in many ways, can straightforwardly avoid one particularly pernicious type of bias: direct racial discrimination. They can avoid this by excluding race from the list of variables employed to predict recidivism. A similar approach could be taken to the design of newer, machine learning-based (ML) tools for predicting recidivism: information about race could be withheld from the ML tool during its training phase, ensuring that (...) the resulting predictive model does not use race as an explicit predictor. However, if race is correlated with measured recidivism in the training data, the ML tool may ‘learn’ a perfect proxy for race. If such a proxy is found, the exclusion of race would do nothing to weaken the correlation between risk (mis)classifications and race. Is this a problem? We argue that, on some explanations of the wrongness of discrimination, it is. On these explanations, the use of an ML tool that perfectly proxies race would (likely) be more wrong than the use of a traditional tool that imperfectly proxies race. Indeed, on some views, use of a perfect proxy for race is plausibly as wrong as explicit racial profiling. We end by drawing out four implications of our arguments. (shrink)