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

In this paper I argue that, in addition to having an obligation to resist the oppression of others, people have an obligation to themselves to resist their own oppression. This obligation to oneself, I argue, is grounded in a Kantian duty of self-respect.

Feminists have long argued that emotions have a rightful place in politics. Anger, specifically, is often said to play a crucial role in alerting people to oppression and motivating resistance. The task of this paper is to elaborate these claims and to outline a conception of the political value of anger. In doing so, I argue against the view that anger is valuable if and because it expresses a sound moral judgment. Instead, we should see rage, in the first (...) place, as simply a response to having one’s practical aims in the world thwarted—there need be nothing moral or righteous about this feeling for it to have political potential. Second, unlike those who highlight anger’s connection with love or claims for equal dignity, I emphasise its tendency towards aggression. With this non-moralized conception of anger in hand, we can see how rage reveals practical problems in a way that can spur on a dialectical process of political articulation and organized action. The resulting standpoint from which one can articulate and resist one’s oppression based on one’s rage is not inherent in the experience of anger—rather it needs to be seen as a political achievement in itself. (shrink)

In this essay I develop W.E.B. Du Bois’s concept of double consciousness to demonstrate the limitations of Kant’s and Rawls’s models of self-respect. I argue that neither Kant nor Rawls can explain what self-respect and resistance to oppression warrants under the conditions of violent and systematic racial exclusion. I defend Du Bois’s proposal of voluntary black self-segregation during the Jim Crow era and explain why Du Bois believes that the black American community has a moral right to assert (...) its self-respect by mitigating exposure to racial violence and animus in a white-controlled polity. (shrink)

Palestinian rock climbers in the West Bank ascend towering limestone cliffs despite being forcibly dispossessed and targeted by Israeli military and violent settlers. This paper examines their actions from the perspective of Quiet Resistance – a form of resistance where one is motivated by personal reasons to pursue activities that are obstructed by oppression. I explain what Quiet Resistance is, how it differs from political protest, and what makes it distinctively valuable. Then, I explain how Quiet Resistance allows the (...) Palestinian climbers to maintain sources of meaning in life under oppressive circumstances. Further, as a form of symbolic action, it allows the climbers to forge a profound connection to their rightful land. (shrink)

What form must a theory of epistemic injustice take in order to successfully illuminate the epistemic dimensions of struggles that are primarily political? How can such struggles be understood as involving collective struggles for epistemic recognition and self-determination that seek to improve practices of knowledge production and make lives more liveable? In this paper, I argue that currently dominant, Fricker-inspired approaches to theorizing epistemic wrongs and remedies make it difficult, if not impossible, to understand the epistemic dimensions of historic and (...) ongoing political struggles. Recent work in the theory of recognition— particularly the work of critical, feminist, and decolonial theorists—can help to identify and correct the shortcomings of these approaches. I offer a critical appraisal of recent conversation concerning epistemic injustice, focusing on three characteristics of Frickerian frameworks that obscure the epistemic dimensions of political struggles. I propose that a theory of epistemic injustice can better illuminate the epistemic dimensions of such struggles by acknowledging and centering the agency of victims in abusive epistemic relations, by conceptualizing the harms and wrongs of epistemic injustice relationally, and by explaining epistemic injustice as rooted in the oppressive and dysfunctional epistemic norms undergirding actual communities and institutions. (shrink)

This article argues that the aesthetics of the oppressed—a series of artistic practices elaborated by Augusto Boal (1931-2009) that comprises the theatre of the oppressed, the rainbow of desire technique, and legislative theatre—utilizes art in order to resist epistemic injustice and promote democratic freedom.

This paper elucidates the rights violations caused by mass formal schooling systems and explores what students may do about them. Students have rights not to be harmed and rights to liberty (not to be oppressed), as well as attendant rights to (proportionately) defend their rights if necessary. For some time now, education has been dominated by mass formal schooling systems that harm and oppress many students. Such harm and oppression violate those students’ rights not to be harmed or oppressed, (...) which may justify student nonviolent defensive (or rights-protecting) action. (shrink)

Neoliberalism has installed an unending competitive struggle in the economy. Within this context activists have pushed for a reappraisal of laziness and inactivity as forms of resistance. This idea has been picked up by Maurizio Lazzarato and Giorgio Agamben in different ways. I start with explaining the former’s appraisal of laziness as a release of potentialities unrealizable under financial capitalism. Lazzarato’s appraisal of laziness however resembles neoliberal theories of innovation, because both share the conceptual persona of a subject whose potentialities (...) exceed the current status quo. Potentiality is thus not an unambiguous antagonist of capitalism, as Lazzarato suggests. In order to adequately oppose neoliberalism, Lazzarato should question the role of potentiality in capitalism. Agamben has undertaken such a project. In the second part of the essay I consequently argue that Agamben’s philosophy of inactivity as impotentiality is able to circumvent neoliberalism and the society of the spectacle. (shrink)

Imagine that you are a farmer living in Kenya. Though you work hard to sell your produce to foreign markets you find yourself unable to do so because affluent countries subsidize their own farmers and erect barriers to trade, like tariffs, thereby undercutting you in the marketplace. As a consequence of their actions you languish in poverty despite your very best efforts. Or, imagine that you are a peasant whose livelihood depends on working in the fields in Indonesia and you (...) are forcibly displaced from your land by a biofuels company because corrupt government officials have stolen the land and sold it to the company. Or, suppose that you work on the coast of Bangladesh but find that increasingly you are unable to cope with salination resulting from sealevel rise – a product of anthropogenic climate change. These, I believe, are cases of global injustice. My question is: What are those who bear the brunt of global injustice entitled to do to secure their, and other people’s, entitlements? Often people focus on the duties of the affluent to respect and uphold the rights of the disadvantaged. This is understandable. But there is a striking omission. Rarely do people analyze, or even mention, what those who lack their entitlements are entitled to do to secure their own rights. This is my focus in this paper. More specifically, I examine what agents are entitled to do to change the underlying social, economic and political practices and structures in a more just direction. (shrink)

This paper explores the relation between victims’ stories and normativity. As a contribution to understanding how the stories of those who have been abused or oppressed can advance moral understanding, catalyze moral innovation, and guide social change, this paper focuses on narrative as a variegated form of representation and asks whether personal narratives of victimization play any distinctive role in human rights discourse. In view of the fact that a number of prominent students of narrative build normativity into their accounts, (...) it might seem obvious that there is a connection between victims’ stories and moral insight. However, the category of victims’ stories spans an enormous variety of texts – private diaries, memoirs written for publication, interviews with journalists or social scientists, depositions prepared by human rights workers, stories shared with like-minded activists or with support groups, stories told to medical professionals, and testimony in courts, truth commissions and asylum hearings, to mention just some of the possibilities. The different contexts of elicitation and the different rules governing expression in these sites should make us wary of ready generalizations about the nature of victims’ narratives. Moreover, I doubt that existing explications of the way in which norms figure in narratives yield satisfactory theories of the contribution victims’ stories can make to discovering and defending just policies and practices. I consider two of the most prominent accounts of the relation between narrative and normativity. For different reasons, the account Anthony Amsterdam and Jerome Bruner present in their work on narrative and law and the account Hayden White presents in his work on narrative and history fail to appreciate the capacity of victims’ stories of abuse to advance understanding of and increase respect for human rights. In defense of the value of victims’ stories, I propose an account of the relation between normativity and a salient type of victim’s narrative that seems especially resistant to integration into human rights discourse. -/- . (shrink)

My dissertation develops a defense of a right to self-defense against the state. I set aside anarchist theories and grant for the sake of argument that the state has legitimate political authority. My goal is to convince non-anarchists that the right to self-defense extends to individuals against the state and the state’s agents. I argue that the right to self-defense is a fundamental, negative, claim right. The right to self-defense has these characteristics: (1) it is (...) fundamental, meaning that it is not derivative of any other right—it doesn’t appeal to any other right for its justification (2) it is negative, meaning that it simply requires others to refrain from certain action, and (3) it is a claim right, rather than a permission right, which means that it logically entails correlative duties on others. I also challenge some basic tenets of the orthodox account of justified defensive force, including the imminence, necessity, and proportionality conditions. My argument is a controversial one; many will resist the idea that an individual could be justified in self-defense against the state for a variety of reasons, ranging from thinking the idea is absurd or dangerous, to thinking that even if it is morally permissible, it is impractical. I aim to rebut these objections and to provide strong moral reasons to show why individuals do in fact have this right. -/- This research explores the relationship between one of our most basic rights—the right to self-defense—with our most basic political relationship—the relationship between the individual and the state. Part of my aim is to convince non-anarchist readers of philosophical claims that are usually only supported by anarchists. The reason this is important, beyond being academically interesting, is that if I am successful, it could allow a great majority of individuals to rethink their relationship with the state; not just at a basic level, but also in other applied areas such as gun rights, drug laws, and issues surrounding punishment and imprisonment. (shrink)

Delmas successfully guides us to reconsider the traditional “wisdom” of civil disobedience. She also makes a strong case for expanding the notion of political obligation, which has been narrowly construed as mere obedience, to encompass a duty to resist. Principled disobedience, either civil or uncivil, includes a wide range of tools to tackle different forms of injustice, such as education campaigns, peaceful protests, graffiti street art, whistleblowing, vigilante self-defense, and political riots. We may question to what extent the violent (...) disobedience can be justified, as it is always good to be careful about violence that risks harming the innocent, but other forms of civil or uncivil disobedience may rightly be demanded in realistic circumstances. As I see it, these, along with the general warning to not unwittingly serve the status quo by dismissing social movements merely because of “incivility” and the proposal of the civic virtues of vigilance and open-mindedness, are significant contributions to the literature and could also benefit a politically interested general audience greatly. (shrink)

This essay proposes that legitimacy (on at least one understanding of the protean term) is centrally a right to err: a right to make mistakes that harm interests of others that are ordinarily protected by rights (Section 1). Legitimacy so understood is importantly distinct from authority, the normative power to impose binding (or enforceable) rules at will (Section 2). Specifically, legitimate institutions have a distinctive liberty right to harm others’ interests that other agents normally lack. Their subjects (...) in turn lack certain permissions to avoid, or redirect, the costs of the institutions’ mistakes in ways that would otherwise be permissible (Section 3). Legitimate institutions have this liberty right because, and insofar as, they act for their subjects (in a specific sense), and do so only for the subjects’ sake. As a matter of fairness, (some of) the costs of the institutions’ actions are borne by the subjects for whom they are undertaken (Section 4). In turn, where an institution fails to act for its subjects in the relevant way, it (and its officials) may have to bear the costs of its errors, which the subject is morally permitted to redirect by acts of resistance (Section 5). (shrink)

Today the relationship between food and cities is revitalizing urban areas, as food production practices transform locales one block and one neighborhood at a time. The key catalysts of this transformation include the commitment to address the root causes of inequalities within food systems and the desire to increase local control over food systems that have been increasingly industrialized and globalized. These goals, encapsulated by the terms “food justice” and “food sovereignty,” play major roles in guiding local food initiatives in (...) cities today. This study explores how justice-oriented urban agriculture projects transform city contexts in ways that reduce regulatory barriers – barriers that, when left in place, could perpetuate systems of oppression. The study ends with the argument that, by removing regulatory barriers, urban agriculture projects are transforming cityscapes in ways that cultivate justice at the system level. (shrink)

The current situation in the United States of America is that Latin immigrants and migrants are mistreated and subjected to gross human rights violations, with entire extensions of the Nation-State being given virtually unlimited power over a powerless populace. The current gap in the literature revolves around Agamben and political theology as it relates and overlaps with the political reality of Latin American immigrants and migrants being mistreated and subjected to human rights violations with impunity. This research is very important (...) to allow a path to resist nation-states when they collapse into authoritarianism or oppress humans without the territory of the nation-state nation-state in question. This will provide a way to assist Latin immigrants and migrants without fear of a revolution that will dissolve tyranny, as happens so often. How can the political theory of Agamben’s use of Walter Benjamin’s critique of violence establish a new way of assuring Latin migrants and immigrants’ safety and dignity as human beings who should be allowed to live anywhere they please as long as they are not harming anyone? My research objective is to show how Benjamin’s notion of divine violence combined with that of Agamben’s notion of destituent power can provide a way to break out of the dialectic of tyrannies that collapse in revolution to birth yet a new regime of tyrannies. Keywords: Walter Benjamin, Carl Schmitt, Giorgio Agamben, Political Theology, Critical Theory, Latin-American Immigration, Christian Anarchism. (shrink)

Cities today are increasingly at the forefront of the environmental and social crisis—they are simultaneously a major cause and a potential solution. Across the world, a new wave of urban social movements is rising to fight against corporate control, social exclusion, hostile immigration policies, gender oppression, and ecological devastation. These movements are building economic, social, and political alternatives based on solidarity, equality, and participation. This anthology develops the debates that began at the recent Transnational Institute of Social Ecology’s (TRISE) (...) conference about the dire need to rebuild the social and political realities of our world’s cities. It discusses the prospects of radical urban movements; examines the revolutionary potential of the concept of “the Right to the City,” and looks at how activists, scholars, and community movements can work together towards an ecological and democratic future. A fruitful conversation between theory and practice, this book opens new ground for rethinking systemic urban change in a way that challenges oppression and transforms how people work, create, and live together. (shrink)

Epistemologies have power. They have the power not only to transform worlds, but to create them. And the worlds that they create can be better or worse. For many people, the worlds they create are predictably and reliably deadly. Epistemologies can turn sacred land into ‘resources’ to be bought, sold, exploited, and exhausted. They can turn people into ‘labor’ in much the same way. They can not only disappear acts of violence but render them unnamable and unrecognizable within their conceptual (...) architectures. Settler systems of epistemic and conceptual resources and the relations among them are constructed to preclude certain forms of knowledge. This is not an accident; it is a central goal of colonial violence. Colonization and land dispossession would not be possible without the violent disruption of Indigenous knowledge systems and ongoing organized attempts to disrupt their survival. Violently disrupting the relationships of people to land is as much an epistemic project as it is a material one, and these two projects are inherently linked. The task of theorizing epistemic oppression is not only about epistemic oppression. Epistemic oppression is a story that gives language to a phenomenon in order to get past it, to carry on with the maintaining and reviving the forms of Indigenous and diasporic knowledge that colonialism has worked tirelessly to corrupt and silence. (shrink)

Confronting persistent and widening inequality in educational opportunity, advocates have regarded the right to education as a linchpin for reform. In the forty years since the Supreme Court relegated that right to the domain of state constitutional law, its power has surged and faded in litigation challenging state school finance systems. Like so many of the students it is meant to protect, however, the right to education has generally underachieved, in part because those wielding it have not (...) always appreciated its distinctive forms and function. Deconstructed, the right to education held by children has been formulated doctrinally as both a claim-right, imposing affirmative duties on the state to act, and an immunity, disabling certain state action. These two strands—oft-manifested as the claim-right to educational “adequacy” and an immunity entailing “equality” of educational opportunity—once considered irreconcilable, are actually interlocked by the right’s core historical function to protect children’s liberty and equality interests. And yet the right to education is ill equipped to fulfill its protection function. Education clauses in state constitutions do not fix the standards for mutually enforcing equality and adequacy. This encumbers already-reluctant courts in addressing educational disparities and emboldens legislative resistance when they do. Appreciating that the right to education has a protection function entailing equality and liberty interests nevertheless suggests that the right can be adjudicated in a way that unifies the demands and guarantees of substantive due process and equal protection. That union holds the potential to ameliorate the enforcement standards thereby reconstituting the right to education as a mainstay of reform. (shrink)

Avia Pasternak’s account of permissible political rioting includes a constraint that insists only oppressed citizens, and not privileged citizens, are permitted to riot when rioting is justified. This discussion note argues that Pasternak’s account, with which I largely agree, should be expanded to admit the permissibility of privileged citizens rioting alongside and in solidarity with oppressed citizens. The permissibility of privileged citizens participating in riots when rioting is justified is grounded in the notions that it is sometimes necessary, in accordance (...) with Pasternak’s necessity condition, and that it will oftentimes substantially improve the chances of successfully achieving the just aims the rioting seeks to achieve, in accordance with Pasternak’s success condition. Allowing for this improves Pasternak’s already strong account of permissible political rioting on its own terms. (shrink)

A combined psychological-epistemological study of the blocks that stand in the way of the human recognition of the sentience and legal rights of non-human animals. Originally published in the Lewis and Clark law journal, Animal Law, and subsequently translated into German and into Portuguese.

Perhaps the biggest disconnect between philosophers and non-philosophers on the question of gun rights is over the relevance of arms to our dignitary interests. This essay attempts to address this gap by arguing that we have a strong prima facie moral right to resist with dignity and that violence is sometimes our most or only dignified method of resistance. Thus, we have a strong prima facie right to guns when they are necessary often enough for effective dignified (...) resistance. This approach is distinctively non-libertarian: it doesn’t justify gun rights on the basis of (mere) liberty or security. Nonetheless it is compatible with libertarian defenses of gun rights based on a liberty right to guns, and, if sound, in fact lowers the bar for gun rights in some ways, as it justifies access to guns even when nonviolent means would better achieve the liberty or security aims of potential victims. And although this defense of gun rights is most readily categorized as “conservative” or rightist, it relies upon principles and intuitions about dignity popular among progressives in other domains, such as in disability, women’s, or LGBT rights debates. (shrink)

Can anti-deportation resistance be justified, and if so how and by whom may, or perhaps should, unjust deportations be resisted? In this paper, I seek to provide an answer to these questions. The paper starts by describing the main forms and agents of anti-deportation action in the contemporary context. Subsequently, I examine how different justifications for principled resistance and disobedience may each be invoked in the case of deportation resistance. I then explore how worries about the resister’s motivation for engaging (...) in the action and their epistemic position apply in the specific context of anti-deportation action and consider in what circumstances there is not merely a right but a duty to resist deportation. The upshot of this argument, I conclude, is that the liberal state ought to respond to anti-deportation action not by criminalising disobedience and resistance in this field, but rather by creating legal avenues for such actors to influence deportation decision-making. DOI 10.17879/95189423213. (shrink)

This paper rehabilitates the Stoic conception of blending from the ground up, by freeing the Stoic conception of body from three interpretive presuppositions. First, the twin hylomorphic presuppositions that where there is body there is matter, and that where there is reason or quality there is an incorporeal. Then, the atomistic presupposition that body is absolutely full and rigid, and the attendant notion that resistance (antitupia) must be ricochet. I argue that once we clear away these presuppositions about body, the (...) foundations of Stoic corporealism fall into place. Body is fundamental (not hylomorphic). The two fundamental principles (archai) are bodies: divine active reason (logos) and passive matter (hulē); and these two bodies are two, not matter and form all over again, nor actual and potential, but agent and patient. The independence of the two archai is no threat to the unity of the cosmos, however, because the Stoic theory of body allows for the complete coextension of the archai. The hylomorphic thinker rightly asks, what relation could be tighter than that of the wax and its shape? The Stoic replies: a causal relation, the interaction of agent and patient completely coextended in a through and through blend. (shrink)

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

Philosophers have highlighted a dilemma for the criminal law. Unjust, racist policies in the United States have produced conditions in which the dispossessed are more likely to commit crime. This complicity undermines the standing of the state to blame their offenses. Nevertheless, the state has reason to punish those crimes in order to deter future offenses. Tommie Shelby proposes a way out of this dilemma. He separates the state’s right to condemn from its right to punish. I raise (...) doubts about Shelby’s proposed resolution. So long as punishment is widely and reasonably understood to condemn crime, Shelby’s proposal does not resolve the dilemma. Moreover, there is reason to think the blaming aspect of punishment plays a role in the justification of its hard treatment. I conclude by considering some other ways out of the dilemma, focusing especially on how the United States might take responsibility for its complicity. (shrink)

This chapter is an extended version (almost 2x in length) of an essay first published in Australasian Philosophical Review. -/- Abstract: In On Female Body Experience, Iris Marion Young argues that a central aim of feminist and queer theory is social criticism. The goal is to understand oppression and how it functions: know thy enemy, so as to better resist. Much of Sally Haslanger’s work shares this goal, and her newest article, “Cognition as a Social Skill,” is no (...) exception. In this essay, I will specify what I believe is special and insightful about Haslanger’s theory of oppression and her most recent addition to it. However, I also explore what it is missing, namely, an account of what Young calls “individual [embodied] experience, subjectivity, and identity.” Echoing a chorus of critical voices, I argue that this omission undermines Haslanger’s ability to effectively theorize group oppression and how to resist it. The core problem is this. Haslanger privileges a third-person methodology that prioritizes social structures over all else. I conclude by amplifying a collective call to action: any adequate theory of oppression must attend to both the lived experiences of individuals and to social structures, that is, to the broad institutional and cultural underpinnings of oppression. A theory that does only one, or the other, will fail. Through this analysis, the chapter contributes to an overall aim of this volume, namely, to advance our understanding of racial and gender-based group oppressions by paying closer attention to facts about embodiment. (shrink)

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

The irony of the rejection of the sex/gender distinction is that it renders sociology per se an impossible enterprise. For it is my submission that, contra Hood-Williams (1996) and others, the biological and the social constitute distinct, irreducible levels of reality: to conflate (in a ‘downwards’ or ‘upwards’ direction) the two levels is immediately to render analysis of their relative interplay at best intractable. It is indeed arguable that Hood-Williams is not so much concerned with (rightly) rejecting the so-called ‘additive’ (...) approach to the biological and the social where the biological base is seen a priori as immutable, but more fundamentally with rejecting the necessary dualism of nature and culture (ie the biological and the social). In contradistinction, a realist defence of the sex/gender distinction will be made, involving critical reference to various major writers in the field and offering a brief but tentative discussion of the provenance of gender. (shrink)

Immanuel Kant’s theory of justifiable resistance to authority is complex and, at times, appears to conflict with his own practice, if not with itself. He distinguishes between the role of authority in “public” and “private” contexts. In private—e.g., when a person is under contract to do a specific job or accepts a social contract with one’s government—resistance is forbidden; external behavior must be governed by policy or law. In contexts involving the public use of reason, on the other hand—e.g., when (...) a person is faced with a moral decision or is engaged in a philosophical dispute—the freedom of conscience sometimes requires resistance, especially in cases where other persons inappropriately attempt to usurp authority over matters that are rightfully up to the individual to decide. In texts such as Perpetual Peace, Kant looks forward to a political situation wherein no political resistance (e.g., in the form of war) would be necessary. Yet in Metaphysics of Morals, he argues that a citizen never has the right to revolt against one’s government, suggesting we must cooperate even with war. On a personal level, Kant openly praised both the American and the French revolutions; yet when his own writings on religion were deemed by the censor to have come into conflict with the king’s edict, Kant failed to resist the (arguably unjust) authority; instead, he gave up his (apparently public) right to free philosophical expression, promising never to write or speak on religion again during the king’s reign. I shall argue that a key to resolving these tensions lies in the principle that universities must promote a healthy, public “conflict” between philosophers and all “private” employments of reason. The only ground for disallowing private resistance, therefore, is the underlying presence of genuine philosophical resistance. (shrink)

This dissertation critically examines the writings of Max Stirner, especially his masterpiece The Ego and Its Own, as a discourse of resistance against modern forms of domination and, in particular, against the modern political State. I begin by examining Stirner's inversion of the Hegelian concept of the State, from the “actualization of freedom”to an instance of domination. The State appears, to Stirner as to Hegel, as the guardian of order and cohesion in modern societies. While both recognize the genesis of (...) sovereign power as violent, Hegel sustains that, with the progress of civilization, force is eradicated from the public order and private interests and common interest are reconciled. Stirner, on the contrary, insists that force is the other face of right, as the hidden pillar of the norm, which only reveals itself in moments of crisis. Stirner’s focus on the extreme case, largely anticipated and devalued by Hegel as unilateral and equivocal, seems to be anchored on the conviction that conflict is ineradicable, that between my own will and the (political, social) representation of that will there is always a gap, which cannot be filled by any collective arrangement. From this follows that, if conflict is scarcely manifest in modern societies, it is not because it was truly solved, but because it is effectively masked, due to the dissymmetry of power and the internalization of authority. The “unique one” appears, in this environment of great suspicion, as the one who cannot be represented, who surpasses every representation, threatening the authority of every representative. Accordingly, the “unique one” reclaims his own power, without allowing the satisfaction of his will to be mediated by obedience to collective institutions, affirming himself instead as sovereign over himself. Stirner suggests that the self-affirmation of the “unique one” inevitably leads to confrontation with the external powers that organize his existence. Stirner, nonetheless, chooses to think this confrontation in terms of a “revolt”, of a reflexive and individual act by which the individual emerges from the situation in which he finds himself, rather than as a “revolution”, a political or social act directed towards the systemic transformation of the status quo. Even if we admit the validity of the Stirnerian critique of the legitimizing discourses of modernity, the problem remains if this critique can be sustained on the “unique one”, “a thoughtless word”, an openly self-contradictory and self-destructive name, subject or principle (?). The possibility of founding a discourse of resistance on the egoism of Max Stirner seems to depend upon the answer that we choose to give to two intimately connected questions: what remains after the destructive vortex of the “unique one” that may sustain the resistance against a state that Max Stirner deems oppressive? Can this resistance be realized in the revolt of a unique one without the recognition of another one with whom to build the conditions of freedom? (shrink)

For several years the authors have been working in Detroit with grassroots coalitions resisting Emergency Management. In this essay, we focus on how community groups in Detroit and Flint advanced common struggles for clean, safe, affordable water as a human right, particularly during the period of 2014 to 2016. We explore how, through a series of direct interventions – including public meetings and international gatherings, independent journalism and social media, community-based research projects, and citizen-led policy initiatives – these groups (...) contributed to challenging neoliberal governance, to undermining the legitimacy of state officials and their policies, and to shifting public consciousness around the human right to water. (shrink)

The article presents an original needs-based partial theory of human injustice and shows its relationship to existing theories of human need and human liberation. The theory is based on an original typology of three social structural sources of human injustice, a partial theorization of the mechanisms of human injustice, and a needs-based theorization of the nature of human injustice, as experienced by individuals. The article makes a sociological contribution to normative social theory by clarifying the relationship of human injustice to (...) human needs, human rights, and human liberation. The theory contends that human injustice is produced when oppression, mechanistic dehumanization, and exploitation create systematic inequality in opportunities to address human needs, leading to wrongful need deprivation and the resulting serious harm. In one longer sentence, this needs-based partial theory of the sources, mechanisms, and nature of human injustice contends that three distinct social systemic sources—oppression, mechanistic dehumanization, and exploitation—produce unique and/or overlapping social mechanisms, which create systematic inequality in opportunities to address universal human needs in culturally specific ways, thus producing the nature of the human injustice theorized here: wrongfully unmet needs and serious harm. (shrink)

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

This chapter is devoted to the discussion of religious freedom and the anti-racist fight in the Black Diaspora in Latin America, considering the historical processes that involve such discussion, including legal apparatus such as Human Rights and local legislation. Therefore, as a starting point, we take the historical conditions of the emergence of Candomblé in Brazil, that are linked to the trafficking of enslaved African peoples and their resistance to keep alive in their memories, their religious beliefs and their worldviews. (...) Wherefore, it is a discussion in which religious freedom is not dissociated from the anti-racist struggle in the case of Brazil, where, in the 20th century, the myth of racial democracy is produced in the light of studies carried out by Gilberto Freyre in the midst of the 1922 post-week modernist movement. (shrink)

This essay argues that humor can be used as an unstable weapon against oppressive language and concepts. Drawing from radical feminist Marilyn Frye, I discuss the difficulty of challenging systematic oppression from within and explore the capabilities of humor for this task. This requires expanding Cynthia Willett’s and Julie Willett’s approach to fumerism beyond affect to fully examine the work of humor in manipulating language, concepts, and imagery. For this expansion, I bring in research on feminist linguistics alongside other (...) philosophers of political humor to consider the connection between humor and world-making. I then link this with feminist world-breaking through Monique Wittig’s analysis of war machines and Trojan horses against heteropatriarchal language. Finally, I draw out the instability of humor as a war machine by investigating a bit where comedian Patti Harrison disguised herself as an official corporate brand platform to challenge the compulsory commodification of LGBTQ rights. (shrink)

Some argue that robots could never be sentient, and thus could never have intrinsic moral status. Others disagree, believing that robots indeed will be sentient and thus will have moral status. But a third group thinks that, even if robots could never have moral status, we still have a strong moral reason to treat some robots as if they do. Drawing on a Kantian argument for indirect animal rights, a number of technology ethicists contend that our treatment of anthropomorphic or (...) even animal-like robots could condition our treatment of humans: treat these robots well, as we would treat humans, or else risk eroding good moral behavior toward humans. But then, this argument also seems to justify giving rights to robots, even if robots lack intrinsic moral status. In recent years, however, this indirect argument in support of robot rights has drawn a number of objections. In this paper I have three goals. First, I will formulate and explicate the Kant-inspired indirect argument meant to support robot rights, making clearer than before its empirical commitments and philosophical presuppositions. Second, I will defend the argument against a number of objections. The result is the fullest explication and defense to date of this well-known and influential but often criticized argument. Third, however, I myself will raise a new concern about the argument’s use as a justification for robot rights. This concern is answerable to some extent, but it cannot be dismissed fully. It shows that, surprisingly, the argument’s advocates have reason to resist, at least somewhat, producing the sorts of robots that, on their view, ought to receive rights. (shrink)

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

This paper argues for a conception of the natural rights of non-human animals grounded in Kant’s explanation of the foundation of human rights. The rights in question are rights that are in the first instance held against humanity collectively speaking—against our species conceived as an organized body capable of collective action. The argument proceeds by first developing a similar case for the right of every human individual who is in need of aid to get it, and then showing why (...) the situation of animals is similar. I first review some of the reasons why people are resistant to the idea that animals might have rights. I then explain Kant’s conception of natural rights. I challenge the idea that duties of aid and duties of kindness to animals fit the traditional category of “imperfect duties” and argue that they are instead cases of “imperfect right.” I explain how you can hold a right against a group, and why it is legitimate to conceive of humanity as such a group. I then argue that Kant’s account of the foundation of property rights is grounded in a conception of the common possession of the Earth that grounds a right to aid and the rights of animals to be treated in ways that are consistent with their good. Finally, I return to the objections to the idea that animals have rights and offer some responses to them. (shrink)

This paper begins by taking seriously former slave and abolitionist Frederick Douglass’ response in his What to the Slave is the Fourth of July? to systematic violence and oppression. He claims that direct argumentation is not the ideal mode of resistance to oppression: “At a time like this, scorching irony, not convincing argument, is needed.” I will focus on a few elements of this playful mode of resistance that conflict with the more straightforward strivings for abstract, universal, objective, (...) convergent, absolute thinking that champions reason over emotion, logic over narrative, and science over lived experience. In contrast, the type of protest employed by people like Douglass can utilize aesthetics and logic, playfulness and seriousness, emotion, even anger, and reason. Douglass provides examples of humorous, sincere parrhesia, oscillating between the lexicon of the dominant sphere and the critical reflection from a trickster on the margins. This will require an analysis of Michel Foucault’s conception of parrhesia: courageous truth-telling in the face of powerful people or institutions. It is a study of humor in the parrhesiastes, an element I think neglected by Foucault. I argue that the humorous parrhesiastes offers a mode of resistance which can subvert oppressive power structures that perpetuate injustice, revealing the fact that humor can be integral in courageous truth-telling. (shrink)

Frantz Fanon offers a lucid account of his entrance into the white world where the weightiness of the ‘white gaze’ nearly crushed him. In chapter five of Black Skins, White Masks, he develops his historico-racial and epidermal racial schemata as correctives to Merleau-Ponty’s overly inclusive corporeal schema. Experientially aware of the reality of socially constructed (racialized) subjectivities, Fanon uses his schemata to explain the creation, maintenance, and eventual rigidification of white-scripted ‘blackness’. Through a re-telling of his own experiences of racism, (...) Fanon is able to show how a black person in a racialized context eventually internalizes the ‘white gaze’. In this essay I bring Fanon’s insights into conversation with Foucault’s discussion of panoptic surveillance. Although the internalization of the white narrative creates a situation in which external constraints are no longer needed, Fanon highlights both the historical contingency of ‘blackness’ and the ways in which the oppressed can re-narrate their subjectivities. Lastly, I discuss Fanon’s historically attuned ‘new humanism’, once again engaging Fanon and Foucault as dialogue partners. (shrink)

For most interpreters of the philosopher from Rotterdam, his political doctrine is solely a consequence of his religious and moral doctrines, and so an image of Bayle as a political philosopher is not usually presented. To my mind, however, only by analyzing his political doctrine can the extent of his religious proposal be understood. In this article, I intend to show that both the Baylean criticism of popular sovereignty and his rejection of the right of resistance are analyses that (...) are indissociable from the Baylean doctrine of tolerance. The protection of individual freedom of conscience and the defense of a multi-confessional state model, tolerant regarding religious minorities, can only be articulated as historical reality if they rest on the political doctrine of indivisible sovereignty and on the strictest separation between political obedience and religious membership. (shrink)

According to Warriner (1969) a simple way of defining land reforms is to name it “the redistribution of property or rights in land for the benefit of the landless, tenants and farm labourers”. Land reforms are mainly characterised by the government’s change of laws, regulations or customs regarding land ownership. Land reforms deal with the government in power distributing property which is in most times agricultural land. In some instances it also involves the distribution of land from the more powerful (...) or wealthy group of people such as nobles and bourgeoisie and giving potions of the land to the less powerful in society especially during the start of the post-colonial error in most countries in Southern Africa. During the pre-colonial period, land or pieces of land belonged to different ethnic groups, clans and lineages but now in the post-colonial land reform programs were to introduce individual ownership of land. There are many reasons why the government (both colonial and post-colonial) embark on land reforms and some of the factors influencing them include political reasons such promoting communism or socialism, social reasons such as separating the blacks from the whites and creating social stratification and economic reasons such as facilitating private investments and raising the country’s economic growth of the agricultural sector just but to mention a few reasons. Though some of the government’s reasons to embark on land reforms appear to be noble, local communities refuse these land reforms since they create social stratifications, at times increase poverty, destroy the matrilineal societies and are more political in nature rather than a means to better the people’s lives especially during the colonial error. The essay below will vividly portray why the government embarks on land reform programs and why local people resist these reforms using examples from both colonial and post-colonial Southern African countries. (shrink)

Philosophers have rightly condemned lookism—that is, discrimination in favor of attractive people or against unattractive people—in education, the justice system, the workplace and elsewhere. Surprisingly, however, the almost universal preference for attractive romantic and sexual partners has rarely received serious ethical scrutiny. On its face, it’s unclear whether this is a form of discrimination we should reject or tolerate. I consider arguments for both views. On the one hand, a strong case can be made that preferring attractive partners is bad. (...) The idea is that choosing partners based on looks seems essentially similar to other objectionable forms of discrimination. (In particular, the preference for attractive partners is arguably both unfair and harmful to a significant degree.) One can try to resist this conclusion in several ways. I consider three possible replies. The first has to do with the possibility of controlling our partner preferences. The second pertains to attractiveness and “good genes”. The last attempts to link certain aspects of attractiveness to a prospective partner’s personality and values. I argue that the first two replies fail conclusively, while the third only amounts to a limited defense of a particular kind of attractiveness preference. So the idea that we should often avoid preferring attractive partners is compelling. (shrink)

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

In this dissertation I develop a philosophical theory of scapegoating that explains the role of blame-shifting and guilt avoidance in the endurance of oppression. I argue that scapegoating masks and justifies oppression by shifting unwarranted blame onto marginalized groups and away from systems of oppression and those who benefit from them, such that people in dominant positions are less inclined to notice or challenge its workings. I first identify a gap in our understanding of oppression, namely (...) how oppression endures despite widespread formal commitments to principles of equality and justice. I argue that prominent theories of oppression do not place enough weight on the question of how oppression is justified and concealed from us through blame-shifting, in ways that enable its persistence without our explicit approval of its systems. Scapegoating, a concept as old as the Bible, offers potential insight into the means through which we shift blame and avoid responsibility. However, my survey of the genealogy of scapegoating shows that existing conceptualizations of scapegoating are limited in their scope and cannot be applied to explain the endurance of oppression. I propose an ameliorative theory of scapegoating that accounts for deficiencies in prevailing theories of both oppression and scapegoating. Distinct from interpersonal theories and psychologistic analyses of scapegoating, my theory characterizes scapegoating according to its social function in oppression, thereby explaining structural dimensions that are not already captured by other accounts.With the motivation and ingredients in place, I develop my theory of scapegoating as made up of three sub-mechanisms: essentialization of marginalized groups as blameworthy, collective interest in protection against a threat, and social exclusion of the blamed. These sub-mechanisms work together to construct certain groups as scapegoats and encourage us to treat them accordingly through various structural and interpersonal means. I argue that scapegoating has important implications for the formation of social identities; namely, scapegoating constructs social identities in an oppressive arrangement that is largely hidden from us but informs our social and affective relations. By constructing some identities as essentially blameworthy and threatening, dominantly situated identity groups are encouraged to internalize a protected status, act together in defense of their status, and maintain systems of oppressive exclusion. Finally, I elaborate the epistemic dimensions of my theory of scapegoating to argue that scapegoating functions within our social imaginaries and structural epistemic practices. In particular, I focus on the ways that ignorance functions to maintain the scapegoat mechanism, and how scapegoating helps insulate structural forms of ignorance. I end by considering the potential for resistance to scapegoating. (shrink)

Disability laws are crucial in ensuring a life of dignity for persons with disabilities. However, they remain limited and ineffective in the absence of adequate knowledge and awareness of the experiences with disability. The limitedness of disability laws has been spoken of in cases where the full realization of rights is subject to technological, philosophical, and market dynamics. In many cases, the law is also weakened by negative cultural beliefs and social perceptions of disability. And then there are cases where (...) disability laws perpetuate or tolerate oppression and violence. Despite their limitedness, disability laws offer normative content to facilitate engagement and critique for reform. In terms of what disability laws ‘ought’ to be, scholars write, that they should be about disabled people and the meanings provided by them. This objective has and can be fulfilled with the aid of disability studies that go beyond the inquiries of law with the right kind of research tools to theorize and re-theorize concepts and meanings about disability. Disability studies, in other words, represent the living conditions of disabled persons and the questions of how disability and/or impairment should be defined. This chapter examines the interaction between disability law and disability studies through the prism of the Convention on the Rights of Persons with Disabilities (CRPD). While discussing the models of disability (medical, social, human rights, and relational-community models) and agendas for reforming the CRPD, the chapter highlights the importance of new concepts and approaches. Further, the potential of disability laws, CRPD in particular, has been discussed keeping in mind the application of its core principles across different sectors (with a special focus on the Marrakesh treaty and copyright laws). (shrink)

The summer of 2020 witnessed perhaps the largest protests in American history in response to police and vigilante brutality against the black community. New protests are still erupting every time another suppressed video, such as of Daniel Prude, surfaces, or another killing, such as Breonna Taylor’s, goes unpunished. As communities demand meaningful reform, the point – or pointlessness – of “implicit bias training” takes on renewed urgency. Implicit bias trainings aim to raise awareness about the unwitting or unwilling prejudices and (...) stereotypes that shape our habits of thinking, feeling, and navigating through the social world. These trainings have been widely adopted by businesses, schools, and law enforcement agencies. Do they make any difference? -/- Although I conduct implicit bias trainings myself (including for courts, judges, police, and attorneys), I share many critics’ concerns. Many trainings are too brief and oversimple, and too often their real function is to permit organisations to “check a box” to protect against litigation, rather than to spark real change. But “implicit bias training” is just another way of saying “education about implicit bias,” and, like all kinds of education, it can be done well or poorly. If implicit bias is one important piece of a large and complex puzzle, then education about it – when done right – should have a meaningful role to play in helping us understand ongoing inequities and enact reforms. (shrink)

There is a curious phenomenon where people from marginalized populations are taken to be arrogant when they show no signs of superiority. In effect, their actions are misconstrued, and their attitudes are rendered unintelligible. Given that arrogance is standardly taken to be a flaw in one’s moral character, understanding such misattributions should give us insight into the affective marginalization many people face. This talk aims to give a thorough exploration of arrogance under oppression. I argue that arrogance is a (...) kind of self-preoccupation that involves projecting one’s values, goals, and concerns onto others as if they were objective values, goals, and concerns. When the affectively marginalized communicate their self-respect through things like protest, people mistake that self-respect as self-preoccupation given how the affectively marginalized are constructed. Furthermore, given how affective marginalization not only inhibits how the marginalized are understood by others, but inhibits their own affective lives, I argue that taking up an arrogant attitude is not always morally vicious, but can be a beautiful form of political resistance but all things considered good. (shrink)

Luck egalitarianism has been criticized for condoning some cases of oppression and condemning others for the wrong reason—namely, that the victims were not responsible for their oppression. Oppression is unjust, however, the criticism says, regardless of whether victims are responsible for it, simply because it is contrary to the equal moral standing of persons. I argue that four luck egalitarian responses to this critique are inadequate. Two address only the first part of the objection and do so (...) in a way that risks making luck egalitarianism inconsistent. A third severely dilutes the luck egalitarian doctrine. A fourth manages to denounce some instances of oppression for the right reason, but at the same time permits other instances of oppression and condemns yet others for the wrong reason. (shrink)