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

In their article, “Racial Profiling,” Risse and Zeckhauser offer a qualified defense of racial profiling in a racist society, such as the contemporary United States of America. It is a qualified defense, because they wish to distinguish racial profiling as it is, and as it might be, and to argue that while the former is not justified, the latter might be. Racial profiling as it is, they recognize, is 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, even in a racist society, or that one has to be indifferent to the harms of racism to believe that this is so. Indeed, one of the aims of their article is to show that racial profiling, suitably qualified, “is consistent with support for far-reaching measures to decrease racial inequities and inequality” (p. 134), and so to challenge the assumption that “arguments in support of profiling can speak only to those who callously disregard the disadvantaged status of racial minorities.” In a long and provocative article there is, inevitably, a great deal to discuss. However, I will concentrate on two claims about the harms of racial profiling advanced on page 146, both because these merit careful discussion and because they are critical to Risse and Zeckhauser’s argumentative strategy. Those two claims are (1) that “the harm caused byprofiling per se is largely due to underlying racism” and is, therefore, purely expressive; and (2) that “the incremental harm done by profiling often factors into utilitarian considerations in such a way as to support profiling.” We can call the first the expressive harm thesis and the second the incremental harm thesis. I am no expert on racial profiling, or on racism, however, I will suggest that these two theses are far more controversial than Risse and Zeckhauser assume, and point to serious difficulties with their justification of profiling. (shrink)

Philosophical reflection on racial profiling tends to take one of two forms. The first sees it as an example of ‘statistical discrimination,’ (SD), raising the question of when, if ever, probabilistic generalisations about group behaviour or characteristics can be used to judge particular individuals.(Applbaum 2014; Harcourt 2004; Hellman, 2014; Risse and Zeckhauser 2004; Risse 2007; Lippert-Rasmussen 2006; Lippert-Rasmussen 2007; Lippert-Rasmussen 2014) . This approach treats racial profiling as one example amongst many others of a general problem in egalitarian (...) political philosophy, occasioned by the fact that treating people as equals does not always require, or permit, us to treat them the same. The second form is concerned with how racial profiling illuminates the nature, justification, and reproduction of hierarchies of power and privilege based on skin colour and morphology. This form of reflection on racial profiling is therefore less about the justification for judging people based on the characteristics of the group to which they (appear to) belong, and more concerned with the specific ways in which the association of racialized minorities – and, in particular, black people – with crime, contributes to, and reflects, racial inequality, and oppression.(Kennedy 1998; Zack, 2015; Lever, 2005; Lever 2007). Both approaches to profiling have much to recommend them and, taken together, they form an essential component of the political philosophy of race. The statistical approach has the merits of linking racial profiling, as practice, to a body of other practices that generate and justify inequalities based on factors other than race, but it typically offers little by way of insight into the role of racial profiling itself in sustaining racial inequality and injustice. The racial construction approach, for obvious reasons, is rather better at the latter task, but its insights tend to come at the price of a broader understanding of the ways in which inequality is reproduced and justified, or of the ethical dilemmas raised by our competing claims to security. As we will see, insights from both approaches can be synthesized to clarify what, if anything, is wrong with racial profiling and what broader conclusions for equality and security follow from the study of profiling. (shrink)

This paper shows that the problem of treating people as equals in a world marked by deep-seated and, often, recalcitrant inequalities has implications for the way we approach the provision of security and justice. On the one hand, it means that racial profiling will generally be unjustified even when it might promote collective interests in security, on the other, it means that we should strive to create racially mixed juries, even in cases where defendant and alleged-victim are (...) of the same race. The paper examines a recent report on race and jury trials in the United Kingdom and concludes that, despite the author's claims that all-white juries are fair, the data shows the complex ways in which racial differences are translated into unjustified and arbitrary inequalities. Hence, it concludes, racially mixed juries are desirable, and sometimes necessary for justice, though probably not sufficient. (shrink)

This article analyzes, digests, and critiques various facets of the current debate regarding the racial profiling of those in the United States who appear to be Arab and/or Muslim. By dispassionately addressing this debate from a variety of perspectives – historical, empirical, and legal - the article specifically examines the fine line between preserving civil rights and civil liberties, while ensuring the security of the American homeland. Following an empirical investigation into the history of racial profiling in (...) the U.S., a legal analysis of the relevant legislation and constitutional standards, and a scientific reporting of the psychological and emotional impact of such profiling tactics, it concludes that the ineffectiveness of racial profiling strongly weighs against its usage and at the very least, discredits many of the arguments put forth in its defense. In reaching this conclusion, I attempt to justify the near-absolute and unqualified preservation of those civil rights and civil liberties that have traditionally defined the American legal system, but which have gradually been eroding in the course of the last five years. As we approach the fifth anniversary of the World Trade Center attacks, this article exposes the ongoing need to re-evaluate the policies and practices put in place in the wake of September 11, 2001. (shrink)

This article explores a view nearly absent from modern political theory, that there is a duty to create and secure government which imposes on some a duty to govern. This duty is grounded in philosophers as disparate as Aquinas, Locke, Hobbes and Finnis. To fail one's duty to govern, especially over the range of goods that can only be secured by government, is to have committed a wrong against another. If there is an obligation to govern that is rooted in (...) the common good, then one might believe there is an obligation to maintain a government which pursues the common good. After disentangling the duty to govern from political duties which are much better explored, I focus on the more subtle question of how political legitimacy and the obligation to obey the law may clash with a duty to govern. Again, it is surprising that this claim can be located in scholars as disparate as Kant, Hobbes and Finnis. Yet in each example these thinkers give us, we are troubled by the tension between the duty to maintain a government and its conceptual fellow travelers, legitimate government and the obligation to obey. Nor is this question one restricted to abstract political philosophy. Particularly troubling are scenarios in which a threat to governance might lead to a reasonable belief that the government must maintain itself by taking actions which appear illegitimate. A scenario where a government must racially profile or violate civil liberties to guard against threats to the ability to govern brings the problem to life. Difficult moments of American history — the interment of the Japanese during World War II, racial profiling after September 11th and the use of torture by the United States government were surely mistakes. But they make live the perceived and potential clash between a duty to maintain a government, legitimate government and our duty to obey the law. (shrink)

Racial profiling appears to be morally more troubling when the racial group that is the object of the profile suffers from background injustice. This article examines two accounts of this intuition. The responsibility-based account maintains that racial profiling is morally more problematic if the higher offender rate within the profiled group is the result of social injustices for which other groups in society are responsible. The expressive harm based account maintains that racial profiling is more (...) problematic if it makes background injustice vivid and thereby causes the profiled to feel resentment. I raise problems with both accounts and suggest a third account. On the humiliation-based account, individuals who are subjected to racial profiling in a context of background injustice are placed in a situation in which they cannot prevent appearing to onlookers in a demeaning way. (shrink)

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)

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

This paper offers the first philosophical analysis of a form of artificial intelligence (AI) which the author calls facial profiling technology (FPT). FPT is a type of facial analysis technology designed to predict criminal behavior based solely on facial structure. Marketed for use by law enforcement, face classifiers generated by the program can supposedly identify murderers, thieves, pedophiles, and terrorists prior to the commission of crimes. At the time of this writing, an FPT company has a contract with the United (...) States federal government. After recounting how FPT resurrects the same moral problems associated with the pseudoscience of physiognomy, the author of this manuscript develops and defends the ‘Liberal Argument Against Facial Discrimination’ (LAAFD), which concludes that government use of FPT poses a significant risk of violating the classical liberal value of equality before the law by committing unjust discrimination against groups of people whose faces happen to match FPT classifiers. A key move in the argument suggests how a future scenario that results in widespread discrimination based solely on facial structure could be as unjustified and harmful, mutatis mutandis, as similar discrimination based solely on racial background. In the final section, the author of this paper develops prima facie policy proposals designed to protect classical liberal values if FPT is to be utilized by governments in liberal democratic societies. (shrink)

A series of cases, some of them with a high media profile, suggest that freedom of religion or belief in the United Kingdom is being undermined by the operation of new equality laws. This article outlines the constitutional context for liberty and equality rights as well as the main ways in which religious liberty is secured by and within equality law. However, British equality law puts pressure on religious liberty in four ways: (1) it confines the relevance of ‘religion’ to (...) limited social contexts; (2) it creates a priority for equality-perspectives over liberty-perspectives on social conflict; (3) it generates new social assumptions about what individuals have to believe and say (or refrain from saying) if they are to be trusted to uphold the law; (4) it provides legitimation for the imposition of contested comprehensive equality doctrines, some of which are inimical to civil liberty. In response, it is important to emphasise the role of equality law as a tool to secure mutual toleration and equal rights in the face of religious and ethical disagreement. (shrink)

Examining racial profiling in American policing, Naomi Zack argues against white privilege discourse while introducing a new theory of applicative justice. Deepening understanding without abandoning hope, Zack shows why it is more important to consider black rights than white privilege as we move forward through today's culture of inequality.

What does it mean to treat people as equals when the legacies of feudalism, religious persecution, authoritarian and oligarchic government have shaped the landscape within which we must construct something better? This question has come to dominate much constitutional practice as well as philosophical inquiry in the past 50 years. The combination of Second Wave Feminism with the continuing struggle for racial equality in the 1970s brought into sharp relief the variety of ways in which people can be treated (...) unequally, while respecting the formalities of constitutional government. Most obviously, the content of laws can mistreat them by wrongfully assuming that they are either threats to others, or that, like children, they need to be protected from harm through paternalistic limitations on their freedom of action. Or, as those concerned with class inequality have long noted, formal equality can create legal requirements, permissions, and prohibitions whose burdens fall predictably, and often solely, on groups who are already marginalised, and most in need of state protection. (Kairys, David 1990) Above all, what these two great political movements made plain, is that a concern for group inequality and, specifically, group injustice must figure in the formulation and adjudication of individual rights, if legal protections for equality are adequately to combat the causes of inequality. Getting to grips with that challenge, it became obvious, required going beyond the familiar analyses of inequality inherited from Liberalism and Marxism, given the many different ways in which people can be equal or unequal.(Hackett and Haslanger 2006, 3 - 15) In the first part of this chapter, I will seek to illustrate these claims, by focusing on efforts to reframe the theory and practice of constitutional equality given demands for sexual and racial equality. I will then show that analytic philosophy has also come to recognise the various non-reducible dimensions of equality in ways that reinforce the claims of critical legal theory, even as philosophers highlight their disconcerting consequences. If equality has multiple irreducible dimensions, conflicts between the legitimate demands of equality are unavoidable features of law and politics, even in the best possible world, and are likely to be particularly painful when set against a background of historical injustice. The chapter concludes with the challenges to democratic constitutionalism, and the scope for constructive responses to those challenges, which the rapprochement between critical and analytic thinking on equality suggests. (shrink)

The justice of racial profiling is addressed in the original position first for a society without racism, then for a society marked by racism. In the first case, the practice is argued to be just if carried out respectfully and expeditiously and likely to contribute to effective crime control. Thus it is not intrinsically racist. Addressing the second case, the idea that the harms of racial profiling are modest because expressive is critiqued. The practice is shown to carry (...) the danger of producing rights-violations by increasing the incidence of racist attitudes and practices. It is argued to be just in a society marked by racism if done under special supervision, and only to aid in apprehending dangerous criminals. (shrink)

It might seem that racial profiling by doctors raised few of the same concerns as racial profiling by police, immigration, or airport security. This paper argues that the similarities are greater than first appear. The inappropriate use of racial generalizations by doctors may be as harmful and insulting as their use by law enforcement officials. Indeed, the former may be more problematic in compromising an ideal of individualized treatment that is more applicable to doctors than to (...) police. Yet doctors, unlike police, should not attempt to ignore race altogether. Race and ethnicity are associated with the geography of disease, with social and cultural factors relevant to disease, and, to some extent, with genetic predispositions to disease. Moreover, greater attention to the distinctive health conditions of certain racial and ethnic groups is necessary to make up for past neglect. But it will be a tricky business to steer a middle course between a naïve, reckless, or dogmatic color blindness and a stereotype-driven overreliance on race and ethnicity. In trying to steer such a course, the doctor can only hope for the day when a combination of more individualized genomic medicine and greater social equality will make it possible for her to pay less attention to race and ethnicity without detriment to her patients' health. (shrink)

Racism as an independent topic of investigation in philosophy has considerably developed since the 1990s, when it appeared as part of growing debates that, on the one hand, investigated the political meaning of race and, on the other, its ontology and whether it existed at all. Likewise, with the idea of racism, its broadly normative meaning is critiqued by some philosophers, while others ask how best to conceive of it and identify its immorality. There were a few early and significant (...) forays in philosophy about the nature of racism, of which three works stand out because of the way they set the terms of the debate: David Theo Goldberg's Racist Culture, Charles W. Mills’ The Racial Contract, and Jorge L.A. Garcia's “The Heart of Racism.”1 This collection reacts to the latter fork in the discussion but does so in ways that significantly touch on the former.The collection begins with Jorge L. Garcia's “Virtue Ethics in Social Theory: Defending a Volitional Analysis of Racism from Tommie Shelby's Challenges.” It is a clarification and defense of his influential volitional analysis of racism (VAR) from three prominent objections: that VAR inadequately accounts for the immorality of racism because it relies on the assumed wrongness of racism built into ordinary usage of the term ‘racist;’ that it mistakenly separates intention from belief; and that it does not fully account for the racism of some troubling mental states that cannot be traced back to a racist ill-will. Garcia's account of racism as fundamentally rooted in racist ill-will, along with Lawrence Blum's, is representative of agent-centered theories of racism. Not only do they attempt to explain individual or personal racism, but they also hold that racism in institutions, structures, or systems traces back to the racism of persons.Current accounts of structural racism, however, claim that it exists and operates independently of infection from intentionally racist persons, that the focus on racist persons cannot adequately account for how racism works in society, and that, instead, we should concentrate on structures and ideologies. Amelia Wirts sharply defends this view in her, “What does it mean to say ‘The Criminal Justice System is Racist’?” She explains how structural racism applies to America's criminal justice system and other “intermediate” (between individual and societal level) structures. Wirts argues that personal accounts of racism, and in particular Garcia's VAR, do not adequately account for the patterns of racial disparity in the criminal justice system or its disproportionate harm to black people. She advocates, instead, for a patterned view of structural racism, the patterns of which operate “as if it were designed to disproportionately harm” some racialized group. Additionally, Wirts adds that such patterns are particularly racist when they fuel racist ideological symbols, as the criminal justice system does in relation to the idea of the black criminal.Structural analyses of racism are powerfully instructive, and Alisa Bierria, in “Structural Racism Within Reason,” offers an account that takes an epistemic turn that advances our understanding of their meaning. More than the idea that personal and structural racism beget each other in continuous looping effects, and more than the view that racism is best understood as an ideology that provides the content to racist attitudes or policy proscriptions, she argues that structural racism structures reason. Drawing on the 2012 case of Marissa Alexander, who unsuccessfully tried to use Florida's Stand Your Ground Law to justify her firing a warning shot at her estranged, abusive husband to protect herself from his murderous threat, Bierra argues that structural racism extends constructed and controlling intentions onto its targets, and, as in the case she discusses, it uses those constructed and fictional intentions to justify their punishment and depriving them of equal justice.Structural analyses of racism are essential additions to the philosophical understanding of racism that have appropriately challenged the centrality of agent-centered accounts. The increasing academic focus on structural explanations, however, along with the current overuse of “systemic racism” in popular discourse, threatens to eclipse the value of accounts of agent-centered accounts. In “Is Racism Essentially Systemic?” Michael Hardimon counsels against this trend. He reminds us that racism is not essentially systemic, and that the dominance of structural explanations could obscure its other forms and even the proper understanding of structural racism. Indeed, structures once constructed might operate independently of human intention, but they are designed, initiated, and often operated by persons.After considering the direction of the current philosophical discussion about the meaning of racism and its immorality, the next set of articles expands the discussion into matters of class, xenophobia, and white nationalism. Lawrence Blum's “Race and Class Together” starts it off. Blum builds class into his analysis of racism and critiques its absence in anti-racist theory. He argues that paying attention to class is required to secure justice for the victims of racism because pursuing justice is often a matter of both. Blum contends that race and class are “normatively distinct axes of injustice” and that, depending on the question, racial injustice needs to be addressed separately. However, there are aspects of racial injustice that can only be dealt with through a class analysis and require class or combined class–race focused policies. Pointing to the fact that many of the members of groups targeted by racism (he considers blacks, Indigenous peoples, and Latinxs) share cross-class interests, which includes shared interests with some whites, which they do not share with more economically privileged members of their own groups, Blum argues that these interests should be addressed through “class-focused policies,” in a manner that will secure justice for disadvantaged racial groups.Shifting from the class-race analysis, José Jorge Mendoza, in “‘Go Back to Where You Came From!’ Racism, Xenophobia, and White Nationalism,” turns our attention toward white nationalism to examine whether it is best understood as an expression of racism or xenophobia. Although he recognizes the importance of xenophobia in white nationalism, Mendoza does not neglect its connections with racist ideas. However, he acknowledges that emphasizing the role of race in condemnations of white nationalism risks overextending the concept of race, i.e., in regards to pan-racial groups, because some members of those groups are racially identified as white. Thus, the charge of racism against white nationalism in such cases may not clearly apply. To deal with those cases, Mendoza cleverly decouples the ideas of “radicalization” and “racial formation,” and he puts forward a new concept, “racial disintegration,” to account for the operation and shifting targets of white nationalism.In the final piece, David H. Kim and I discuss xenophobia and racism in the case of “Anti-Asian Racism.” We move from general theories of racism to inquire about what is at the base of anti-Asian racism. Little is said in contemporary accounts of racism about anti-Asian racism. This is due, in part, to the high level of abstraction in those discussions but also because much of the literature takes anti-blackness as the model of racism. Our piece addresses this lacuna in a manner not beholden to the black-white binary. We discuss how the idea of anti-Asian racism is a conceptual problem in the American context dominated by that binary. We then argue that xenophobia as a form of civic ostracism, and to some extent xenophilia, play a particular role in how anti-Asian racism functions and its immorality.The pieces in this collection resonate with current events and controversies involving racism and illustrate the potential of the debate to relate to and speak those events, not just to the specialized interests of a cloistered academic conversation. Each piece demonstrates the potential for extending vital lines of debate and discussion that touches the raw nerve of the public discussion of racism. (shrink)

Motivated by a conviction that mass incarceration and state execution are among the most important ethical and political problems of our time, the contributors to this volume come together from a diverse range of backgrounds to analyze, critique, and envision alternatives to the injustices of the U.S. prison system, with recourse to deconstruction, phenomenology, critical race theory, feminism, queer theory, and disability studies. They engage with the hyper-incarceration of people of color, the incomplete abolition of slavery, the exploitation of prisoners (...) as workers and as "raw material" for the prison industrial complex, the intensive confinement of prisoners in supermax units, and the complexities of capital punishment in an age of abolition. -/- Contents -/- Introduction: Death and Other Penalties Geoffrey Adelsberg, Lisa Guenther, and Scott Zeman -/- Part I. Legacies of Slavery -/- Excavating the Sedimentations of Slavery: The Unfinished Project of American Abolition Brady Heiner -/- From Commodity Fetishism to Prison Fetishism: Slavery, Convict-leasing, and the Ideological Productions of Incarceration James Manos -/- Maroon Philosophy: An Interview with Russell Maroon Shoatz Russell Maroon Shoatz -/- Part II. Death Penalties -/- In Reality-from the Row Derrick Quintero -/- Inheritances of the Death Penalty: American Racism and Derrida's Theologico-Political Sovereignty Geoffrey Adelsberg -/- Making Death a Penalty: Or, Making "Good" Death a "Good" Penalty Kelly Oliver -/- Death Penalty Abolition in Neoliberal Times: The SAFE California Act and the Nexus of Savings and Security Andrew Dilts -/- On the Inviolability of Human Life Julia Kristeva (translated by Lisa Walsh) -/- Part III. Rethinking Power and Responsibility -/- Punishment, Desert, and Equality: A Levinasian Analysis Benjamin S. Yost -/- Prisons and Palliative Politics Ami Harbin -/- Sovereignty, Community, and the Incarceration of Immigrants Matt S. Whitt -/- Without the Right to Exist: Mass Incarceration and National Security Andrea Smith -/- Prison Abolition and a Culture of Sexual Difference Sarah Tyson -/- Part IV. Isolation and Resistance -/- Statement on Solitary Confinement Abu Ali Abdur'Rahman -/- The Violence of the Supermax: Toward a Phenomenological Aesthetics of Prison Space Adrian Switzer -/- Prison and the Subject of Resistance: A Levinasian Inquiry Shokoufeh Sakhi -/- Critical Theory, Queer Resistance, and the Ends of Capture Liat Ben-Moshe, Che Gossett, Nick Mitchell, and Eric A. Stanley. (shrink)

The years since the world-wide demonstrations in the wake of George Floyd’s murder in 2020 have seen a significant embrace of antiracist education as part of moral education, followed by conservative rollback of such efforts. The article discusses both, and is applicable to the further retrenchment in the second Trump administration (in 2025). Antiracist moral and civic education should educate about both interpersonal racism (racism of individuals toward other individuals) and institutional racism (systemic racial injustices). Each of those areas (...) involves both “negative” values—avoiding racial wrongs—and “positive” values—promoting race-related goods. Negative interpersonal values include stereotyping, antipathy, and demeaning the other. Positive interpersonal values include respecting racial others as equals, recognizing positive racial differences, respecting cultures associated with racial groups. Negative institutional values are the most familiar—ending, mitigating, repairing systemic racial injustices. Positive institutional values include promoting racial justice, understanding, harmony, and a culture of respect throughout society represented in its institutions. Institutional racism requires civic education, in order to recognize patterns of injustice, to analyze their causes, and to be able to measure them against both morally sound and nationally salient ideals (such as equality, liberty, and justice). Antiracist education must be sensitive to students’ particular racial identities, and to asymmetries between the way white and non-white identities function morally and civicly. -/- Although sometimes it is important to ignore someone’s racial identity in interacting with them, “color-blindness,” promoted as an overarching principle by the Trump administration and the retrenchment legislation, cannot play that role. Antiracist education requires that we often take account of people’s race, and the issue is how to do that properly, not to ignore it entirely. (shrink)

John Arthur philosophically addresses the problems of racism and the legacy of past racial discrimination in the United States. Offering a thorough analysis of the concepts of race and racism, Arthur also discusses racial equality, poverty and race, reparations and affirmative action, and merit in ways that cut across the usual political lines. A philosopher, former civil-rights plaintiff and professor at an historically black college in the South, Arthur draws on both his personal experiences as well as his (...) rigorous philosophical training in this account. His conclusions about the meaning of merit, the defects of affirmative action, the importance of apology, and the need for true equality deal productively with one of America's most vexing problems. His book is also relevant to any society struggling with racial differences and past injustices. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Air of Liberty:A Transatlantic PerspectiveKieran M. Murphy (bio)"En somme le rôle du critique serait sans cesse de faire de l'air dans le plein du monde mais non pas forcement de faire du vide."—Roland Barthes"Dèyè mòn, gen mòn" ["Behind mountains, there are mountains"]—Haitian proverbThe phrase "I can't breathe" has become a worldwide rallying cry against injustice. Ben Okri deems "I can't breathe" the "mantra of oppression" that should "spark (...) the real change our world so desperately needs." He attributes the phrase's remarkable impact to how it taps into our primal fear of suffocation, encouraging empathy for "seemingly insignificant people." He also brings attention to how, as a slogan, "I can't breathe" subverts institutional racism through poetic means: "Not even William Shakespeare, Walt Whitman, James Baldwin or Toni Morrison at their most eloquent came out with anything as simple in the genius of its truth as: 'I can't breathe.'" This truth is airborne: "'I can't breathe' suddenly equates racism with the deprivation of air, which is what it always was." The chokehold of racism emerged with the transatlantic slave trade and, Okri concludes, has been ever since the prohibition of breathing "freedom."The powerful convergence of poetics and politics in the slogan "I can't breathe" comes from its essential truth: the aerial nature of freedom. More than just a concept or metaphor, freedom is also something you breathe. Freedom is a kind of concept-image that depends on our intimate, life-sustaining relationship with the atmosphere. "I can't breathe" brings attention to this relationship to help redress the failure of our institutions to bestow freedom equally.The aerial nature of freedom is even more apparent in the related slogan "the air of liberty." References to "the air of liberty" occurred frequently during the French Revolution to convey the origin of the "human rights" that have become the bedrock of our democratic institutions. Today, these human rights continue to exert their legal weight for the defense of equality. Yet, when confronted with the evasive mechanism of institutional racism, they keep falling short. This predicament is partly due to [End Page 200] their supposed airtight foundation. "The air of liberty" offers a window to the turbulent time when human rights sprang conspicuously from the atmosphere, that we can reopen to shift the focus from the legal to the aerial origin of freedom. This strategy unleashes historical winds that swept across the Atlantic world, including a critical undercurrent from the Haitian Revolution that prefigured the "I can't breathe" movement and its critique of the white chokehold on freedom. Click for larger view View full resolutionFigure 1.Detail of Jean-Jacques-François Le Barbier, Déclaration des droits de l'homme et du citoyen, circa 1789 (Source: Wikimedia Commons)The best-known depiction of the 1789 Declaration of the Rights of Man and of the Citizen (Fig. 1) portrays the origin of liberty in a scene unfolding in the sky. Spreading its light and dissipating the clouds of error, the Enlightenment's eye of reason levitates like an aerostat. Its liberating power illuminates the law symbolized by a winged figure pointing to the tablets below containing the articles proclaiming that "men" are born free and equal. Despite the prominence given to the eye of reason, it is in the atmosphere in which it elevates that we must look for the elemental spring of liberty.References to the aerial nature of liberty most intriguingly surfaced in contemporary debates concerning the universality of the Declaration of the Rights of Man. The revolutionary and abolitionist Jacques Pierre [End Page 201] Brissot characterized the 1791 slave rebellion that ravaged the colony of Saint-Domingue (now Haiti) as a fight for a purer, healthier air. In a speech delivered the same year at the National Assembly, he argued that, following the storming of the Bastille and the Declaration of the Rights of Man, the "atmosphere" of inequality hovering over the plantations of Saint-Domingue had become noxious not only for the enslaved but also for the troops that France might dispatch to restore order in the colony... (shrink)

Normative debates on migration control, while characterised by profound disagreement, do appear to agree that the state has at least a prima facie right to prevent the entry of security threats. While concern is sometimes raised that this ‘security exception’ can be abused, there has been little focus by normative theorists on concrete practices of security, and how we can determine what a ‘principled’ use of the security exception would be. I argue that even if states (...) have a right to prevent migrants from entering on grounds of security, the practices required to implement this right will likely compromise core liberal democratic values in ways that have not been sufficiently appreciated. I draw on literature from Science and Technology Studies and Critical Security Studies to examine the proliferation of digital border control technologies which are increasingly dominating state security practices, and explain the challenges these technologies pose to non-discrimination, liberty and equality. I also highlight the difficulties of taking these principles as presumptive limitations on the operation of the security exception. A more sustained conversation among ethical theorists is needed to address the profound ethical challenges that the ever-increasing use of these technologies poses, particularly in pursuit of security. (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)

In this paper I attempt to unpack the current public debate on racial transformation in South African sport, particularly with regard to the demographic make-up of its national cricket and rugby sides. I ask whether the alleged moral imperative to undertake such transformation is, in fact, a moral imperative at all. I discuss five possible such imperatives: the need to compensate non-white South Africans for the injustices in sport’s racist history, the imperative to return the make-up of our national (...) sides to what they would have been in the absence of that history, the requirement that national sides be representative of the country, the need to eliminate ongoing racial bias in selection, and the obligation to provide all South Africans, regardless of their race, the opportunity to compete as equals for places in the national side. I argue that the first three, drawn from talk of “rectifying the injustices of the past,” “achieving demographic proportionality between the sides and the country,” “representivity,” and “transformation” itself, are not compelling. The remaining two are of great moral import, but that the sorts of phrases just mentioned, and which are frequently used in the debate, have little to do with those genuine moral requirements. (shrink)

Hannah Arendt's work inspires many to stand in solidarity against authoritarianism, racial or gender-based violence, climate change, and right-wing populism. But what if a careful analysis of her oeuvre reveals a darker side to this intellectual legacy? What if solidarity, as she conceives of it, is not oriented toward equality, freedom, or justice for all, but creates a barrier to intersectional coalition building? In Arendt's Solidarity, David D. Kim illuminates Arendt's lifelong struggle with this deceptively straightforward yet divisive concept. (...) Drawing upon her publications, unpublished documents, private letters, radio and television interviews, newspaper clippings, and archival marginalia, Kim examines how Arendt refutes solidarity as an effective political force against anti-Semitism, racial injustice, or social inequality. As Kim reveals, this conceptual conundrum follows the arc of Arendt's forced migration across the Atlantic and is directly related to every major concern of hers: Christian neighborly love, friendship, Jewish assimilation, Zionism, National Socialism, the American republic, Black Power, revolution, violence, and the human world. Kim places these thoughts in dialogue with dissenting voices, such as Thomas Mann, Gershom Scholem, Jean-Paul Sartre, James Baldwin, Frantz Fanon, James Forman, and Ralph Ellison. The result is a full-scale reinterpretation of Arendt's oeuvre. (shrink)

It’s often assumed that if white people have a sexual preference for other white people, they, when using intimate dating platforms, have the right to skip over the profiles of Black people. As some argue, we have the right to act on our sexual preferences, including racialized sexual preferences, because doing so isn’t harmful, and even if it were harmful, this wouldn’t matter because either our “right” to act on our sexual preferences outweighs the harm and/or we cannot even control (...) our sexual preferences. Against this view, I argue that (1) when white people act on anti-Black sexual preferences, white people harm Black people insofar as they reduce their objective welfare level, and (2) we can in fact, to some degree, control our racialized sexual preferences. Moreover, I argue that because white people who engage in racialized sexual discrimination against Blacks disrespect and demean Black people and we don’t have any kind of right to disrespect and demean persons, white people don’t have even a prima facie right to act on anti-Black sexual preferences. Indeed, white racialized sexual discrimination against Black people is always deeply wrong, not only because it wrongs Black people, but it also wrongs the discriminators themselves. (shrink)

Despite the declarations of international documents on minority language rights, provision is patchy for supporting minority languages in the UK, where since the 1980s governments have deliberately or unwittingly greatly raised the profile and comparative standing of English. The partial exception to this trend has been the treatment of indigenous/regional minority languages, stimulated by policies of devolution intended to revive or create a sense of national identity, and to redress perceived historic linguistic injustices. In a multicultural state or region these (...) apparently reasonable goals appear to conflict with current views of citizenship that argue for inclusiveness and equal treatment for all under the law. In particular, the question arises why indigenous minority languages should receive official support and funding that is denied to speakers of minority ethnic languages. In this article, I examine various justifications offered for this, including higher population levels, the geographical concentration of indigenous speakers, the long historical ties between regional language and culture, and the notion of promotional rights. I attempt to show each argument lacks force and ignores the fact of natural language change. I argue for an approach to indigenous languages that weights support and funding according to a range of factors including the number of minority speakers, their perceived need and the benefits that would flow from funding. Support from the local community and private sources could also be encouraged. (shrink)

This dissertation extends John Rawls’s mature theory of justice out to address the environmental challenges that citizens of liberal democracies now face. Specifically, using Rawls’s framework of political liberalism, I piece together a theory of procedural justice to be applied to a constitutional democracy. I show how citizens of pluralistic democracies should apply this theory to environmental matters in a four stage contracting procedure. I argue that, if implemented, this extension to Rawls’s theory would secure background environmental justice. I (...) explain why the theory can be viewed as a partially specified political conception of environmental pragmatism, and how it relates to public environmental policy and discourse. While the framework is anthropocentric, it is one that reasonable non-anthropocentrists can endorse. Using this theory, I argue that liberal democracies must take measures to secure basic environmental rights for all presently existing and future citizens. Measures must also be in place to secure a minimum of social goods (including environmental goods) that guarantees that all citizens (present and future) can exercise their basic rights and liberties. Moreover, disparities in environmental goods should only be tolerated if they arise in accord with Rawls’s principle of fair equality of opportunity. I discuss carbon taxes, as well as carbon allocation trading schemes. I also argue that free democracies should employ precautionary reasoning when attempting to meet the demands of background environmental justice. (shrink)

As today's battles rage between those who march under the banner of liberty and those who unfurl the flag of equality, even an engaged partisan might be forgiven for occasionally wondering whether the game is, after all, worth the candle. For one thing, neither party simply rejects the other's principle – properly understood. Egalitarians routinely emphasize that their concern for equality is, also, a concern for true liberty; thus Michael Walzer, writing “In Defense of Equality,” finds it “worth stressing that (...) equality as I have described it does not stand alone, but is closely related to the idea of liberty.” 1 Libertarians tend to be less enthusiastic in their embrace of equality, but almost all endorse some form of equality or other – for example, equality of political rights or equality before the law. It would seem, then, that the differences between egalitarians and libertarians are really over the meaning and scope of equality and liberty, and that putting the issue as one of equality vs. liberty may be misleading. More important, one can wonder whether either the egalitarian or the libertarian combination of the principles of liberty and equality is worthy of support. What society has exalted personal liberty, has taken rights more seriously, than ours? Yet who can easily dismiss Solzhenitsyn's charge that our worship of freedom has resulted in “destructive and irresponsible freedom” being granted “boundless scope,” leaving us defenseless against “the corrosion of evil”? 2 The cause of liberty against tyranny surely continues to command our support; but what conclusion ought we to draw from the facts that liberty in absentia seems so markedly more attractive than liberty in practice, and that the qualities manifested in the struggle for liberty seem so superior to those that come to the fore once liberty is secured? (shrink)

After a recent spate of terrorist attacks in European and American cities, liberal democracies are reintroducing emergency securitarian measures that curtail rights and/or expand police powers. Political theorists who study ESMs are familiar with how such measures become instruments of discrimination and abuse, but the fundamental conflict ESMs pose for not just civil liberty but also democratic equality still remains insufficiently explored. Such phenomena are usually explained as a function of public panic or fear-mongering in times of crisis, but I (...) show that the tension between security and equality is in fact much deeper and more general. It follows a different logic than the more familiar tension between security and liberty, and it concerns not just the rule of law in protecting liberty but also the role of law in integrating new or previously subjected groups into a democratic community. As liberal-democratic societies become increasingly diverse and multicultural in the present era of mass immigration and global interconnectedness, this tension between security and equality is likely to become more pronounced. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Dear White Christians: For Those Still Longing for Racial Reconciliation by Jennifer HarveyMichelle WolffDear White Christians: For Those Still Longing for Racial Reconciliation Jennifer Harvey grand rapids, mi: eerdmans, 2014. 262 pp. $25.00Absent of opaque theory and disembodied ideology, Jennifer Harvey’s Dear White Christians: For Those Still Longing for Racial Reconciliation presents an indispensable introduction to the problem of “whiteness” illustrated with concrete examples from (...) US history. Harvey’s text clearly communicates the trouble with invoking universalism, colorblindness, and most specifically reconciliation as means of improving race relations. Alternatively, in the spirit of the Black Power movement, Harvey suggests that reparations more effectively atone for racism. [End Page 202]Harvey begins with a sympathetic account of churches seeking integration as the logical counter to segregation within the context of midcentury US history. While these approaches align with the ideals of the civil rights movement, Harvey goes on to elucidate the limitations of what she calls a “reconciliation paradigm.” Pointedly, Harvey asserts that reconciliation efforts fail to acknowledge the problem of whiteness (11). She therefore provocatively contends that “to be white is to be in a state of profound moral crisis” (56). This is because white identity has been constituted by violence, consistently benefits materially from that violence, and remains indistinguishable from white supremacy’s agenda (52–55). For this reason, black identity, according to Harvey, is never parallel to white identity. Reconciliation, then, problematically masks such difference via appeals to universalism.Harvey adroitly reorients approaches to problem solving away from white progressive efforts and good intentions by attending instead to African American experience, history, and requests (11–12). For this reason, she prioritizes Black Power movements over civil rights movements (65). The former Harvey understands as properly focusing on power differentials, rather than separation, as the primary issue (106). In so doing, Harvey underscores white folks’ culpability in failing to secure reparations for African Americans.In the final section of her book, Harvey describes specific US churches’ attempts at reparations programs. This section, including some of the most demonstrative and relatable chapters, contains concrete examples that echo the defensiveness, pain, and good will that frequently surface on the part of white folks in conversations about race (228–29). The process of collecting these stories and histories appears to have been nearly as beneficial as Harvey’s proposed reparations program, for history functions as confession here (206). In addition, even these constructive chapters resist an optimistic gloss on the flawed and painstaking work of reparations programs (211).Although Harvey touches on other forms of reparations, she consistently returns to economic efforts as most pressing. While financial and material reparations are immediate and measurable, and therefore consistent with the author’s preference for pragmatism over theory, they obfuscate the pervasive disadvantages that people of color suffer in the United States today. Equal candidates for employment with identical resumes, for example, too frequently experience the bias of gender and race as signified in the candidate’s name. One’s gender performance and sexual identity can exacerbate such discrimination. These gesture at the role of social currency that permeates communal life even more thoroughly than material wealth. This is to say that reparations are an important aspect for “interrupting whiteness,” and yet they cannot be the conclusion to a more just and equitable church and society.Harvey’s extraordinarily accessible text propels conversations on ethical living in classrooms, churches, and politics. Her assessment of the problem [End Page 203] of whiteness and constructive alternative suggestion for reparations efficiently prime readers for open dialogue and practical action.Michelle WolffDuke UniversityCopyright © 2016 Society of Christian Ethics... (shrink)

That peace and justice is the solution to the flux and insecurity in the church and in the state cannot be denied. In fact, it is exigent to ask this question thus: can there be peace and justice in the religious institution in the first instance, without religious liberty and of course, civil liberty untwisted? There is no gain-saying the fact that sacred and secular histories have tended to answer this question in a clear and precise illumination. In answering the (...) aforementioned question as a stimulus to conversation and discussion on this topic we have to remind ourselves that this is a question that had been tinkered about and had received rigorous and provoking thoughts in the evolution of mankind. Religious bigotry is a global flux and spike leading to social, ethnic, racist, political and religious wars of which the insecurity in the religious institution and among nation-states are effects. Global insight into what we have called Adamic crisis or flux must begin with appreciation of the historicist and phenomenological trajectory of its essence as well as the ontology and theodicy of its origin. In this essay religious liberty as far as insecurity, injustice and instability in the religious institution and in the state are concerned, is a prime liberty among civil liberties, and as far as religion has become interlaced with social and political generation and development, religious liberty must not be compromised. Key words: Existential phenomenology, religious liberty, security, religion, politics. (shrink)

José Jorge Mendoza argues that the difficulty with resolving the issue of immigration is primarily a conflict over competing moral and political principles and is, at its core, a problem of philosophy. This book brings into dialogue various contemporary philosophical texts that deal with immigration to provide some normative guidance to immigration policy and reform.

Just Shelter: Gentrification, Integration, Race, and Reconstruction is a work of political philosophy that examines the core injustices of the contemporary U.S. housing crisis and its relation to enduring racial injustices. It posits that what is required to achieve justice in social-spatial arrangements—what is otherwise called “spatial justice”—is to prioritize, in the crafting and enforcement of housing policy, individual moral equality and liberty; distributive justice; equal citizenship; and, due to history and continuing practice and effects of racial discrimination (...) in housing policy and the housing market in the United States, corrective justice in the form of rectification programs to address the history of racism in housing policy that should be implemented by local, state, and federal governments. To arrive at and illustrate this conclusion, it investigates aspects of the housing crisis closely related to the history of American racial injustice, such as gentrification, segregation, desegregation, integration, and, to a lesser extent, homelessness, and offers liberal reform gestures toward a broad view of reconstructive justice. (shrink)

This article argues that Hannah Arendt’s controversial essay “Reflections on Little Rock,” when situated within her analysis of Jewish assimilation, has an astute insight: racial integration and the decrease of the racial gaps in material inequality, without taking seriously the political project of building a world in common, only intensify racism in racist polities. This occurs because attempts to extend formal equality to the racially dominated give rise to the rule of racial common sense, a result of (...) a clash between the political structures of equality and the racial inequality practiced in quotidian interracial exchanges occurring in civil society. Though Arendt’s work on racism echoes criticisms of racial integration leveled by racial realist and pessimistic accounts of the Civil Rights struggle, her work points to a more expansive practice of “the political” that calls for the institutional (re)design of formal politics as an important strategy against racism. (shrink)

This article engages with H. P. P. Lötter’s account of democracy, liberty, and poverty in this IJAP symposium devoted to his book, Poverty, Ethics, and Justice. For Lötter liberty and democracy are intrinsically part of what is meant by poverty eradication and necessary instrumentally to secure whatever else it means. Lötter insists that liberty rights and socio-economic rights are interdependent and that neither has moral priority. This account is pitched at a level of generality, and contains ambiguities, that evade certain (...) hard but necessary questions, the main one being whether Lötter’s theory of the ‘co-originality’ of liberty and social rights is opposed to all reasonable constructions and entailments of the thesis of the priority of liberties. I suggest that he must accept a ‘weak’ priority thesis in order to insulate his overall argument from an authoritarian reading. Yet it is not clear whether Lötter’s would accept that politics enjoys a necessary centrality in adjudicating uncertainties within economic theory and policy-making, that democracy is irreducibly procedural in ways that licence particular voting and governing actions that are not necessarily pro-poor, and that political liberties plus a range of ‘negative’ civil liberties ought to be protected from trade-offs with prospective welfare and equality gains. Several aspects of Lötter’s account seem to block such moves, but I contend that the struggle against poverty and inequality is necessarily undertaken on a terrain of political and epistemic uncertainty, and that a democratic polity premised on institutionalised respect for uncertainty offers the best bet for realising welfare and social justice at an acceptable cost while respecting autonomy. (shrink)

This chapter contains sections titled: Must Liberty and Equality Come Apart? Freedom of Conscience Self‐Ownership and Universal Suffrage Slavery Women's Rights The Cold War Thurgood Marshall Discussion Acknowledgments.

Combating homophobia, racism, sexism, and other forms of discrimination and violence in our society requires more than just focusing on the overt acts of prejudiced and abusive individuals. The very intelligibility of such acts, in fact, depends upon a background of shared beliefs, attitudes, and behaviors that together form the context of social practices in which these acts come to have the meaning they do. This book, inspired by Wittgenstein as well as feminist and critical race theory, shines a (...) critical light on this background in order to show that we all share more responsibility for the persistence of oppressive social practices than we commonly suppose—or than traditional moral theories that connect responsibility just with the actions, rights, and liberties of individuals would lead us to believe. First sketching a nonessentialist view of rationality, and emphasizing the role of power relations, Peg O’Connor then examines in subsequent chapters the relationship between a variety of "foreground" actions and "background" practices: burnings of African American churches, hate speech, child sexual abuse, coming out as a gay or lesbian teenager, and racial integration of public and private spaces. These examples serve to illuminate when our "language games" reinforce oppression and when they allow possibilities for resistance. Attending to the background, O’Connor argues, can give us insight into ways of transforming the nature and meaning of foreground actions. (shrink)

In response to the racial disparities that plague the American criminal justice system, the Movement for Black Lives calls for an end to policing and punishment “as we know it.” But refusing to punish violent offenses leaves unprotected those most vulnerable to crime, and outright abolition thus appears to undermine black rights and liberties. I call this the decarceration dilemma. After discussing Tommie Shelby and Christopher Lewis’s attempts to resolve the dilemma, I offer my own, which employs a procedural (...) rather than a substantive solution. I lean on the principle of expanded asymmetry (EA), which holds that it is better to underpunish than overpunish. After defending EA, I note that it obtains only under conditions of uncertainty. I then show that because virtually all trials of black offenders meet the uncertainty condition, sentencing authorities are obliged to treat black offenders leniently. I conclude by noting the advantages of my proceduralist approach. (shrink)

This paper tries to explain why racial profiling involves a serious injustice and to do so in a way that avoids the problems of existing philosophical accounts. An initially plausible view maintains that racial profiling is pro tanto wrong in and of itself by violating a constraint on fair treatment that is generally violated by acts of statistical discrimination based on ascribed characteristics. However, consideration of other cases involving statistical discrimination suggests that violating a constraint of this kind (...) may not be an especially serious wrong in and of itself. To fully capture the significant wrong that occurs when racial profiling is targeted at black Americans or other similarly situated groups, it is argued that we should appeal to the idea that this basic injustice is exacerbated when it forms part of a larger pattern of similar actions that collectively realize a state of cumulative injustice. (shrink)

Tommie Shelby’s Dark Ghettos: Injustice, Dissent, and Reform is a powerful indictment of how the basic structure of American institutions fail the seriously disadvantaged. Though motivated by what we collectively owe “ghetto” citizens, when exploring criminal law, Shelby instinctively turns his attention to what duties, if any, the disadvantaged have to obey the criminal law. This paper argues that our persistent focus on the obligations of the disadvantaged is a mistake. Instead, we should examine the duties of the advantaged to (...) resist and repudiate the criminal law. First, because the systemic injustices of the criminal law secure unjust advantages for too many “ordinary” citizens, it renders their successes unjust spoils. Second, the criminal law chews through lives and communities in the ghetto in the name of the advantaged. Third, White citizens have a unique duty to reject the racist elements of the criminal justice system and repudiate its claims that the lives of racial minorities are worth less than their own. The paper then explores various ways that advantaged citizens can repudiate the criminal law in the service of greater equality. (shrink)

ABSTRACT A new ‘political philosophy’ is indispensable to the ‘post-Corona world,’ and this paper tries to analyze the future of ‘liberal democracy’ in it. It shows that ‘liberal democracy’ faces a ‘global crisis’ that has begun before, but the ‘novel Coronavirus pandemic,’ as a setback for it, strongly encourages that crisis. ‘Liberalism’ and ‘democracy,’ which had long been assumed by ‘political philosophers’ to go together, are now becoming decoupled, and the ‘liberal values’ of ‘democracy’ are eroding. To find why and (...) how, this paper analyzes ‘authoritarianism,’ ‘totalitarianism,’ and the evils and propensities of ‘democracy’ that bring about further erosions of ‘liberal values.’ There may be difficult trade-offs to be made between ‘liberal’ and ‘authoritarian’ ‘values’ - and, after the experience of ‘Coronavirus,’ this paper shows the ‘illiberal or authoritarian democracy’ may become stronger. -/- KEYWORDS: democracy, liberalism, liberal democracy, illiberal democracy, the novel Coronavirus pandemic, Covid-19, authoritarianism, totalitarianism. -/- EXTENDED ABSTRACT For almost a century in West, ‘democracy’ has meant ‘liberal democracy’-a political system marked not only by ‘free and fair elections,’ but also by ‘liberal values.’ ‘Liberalism’ applied to the problem of the limits of the criminal law would require commitment to the presumption in favor of ‘liberty.’ If the word ‘liberal’ is to have any utility in this context, it should refer to one who has so powerful a commitment to ‘liberty’ that she is motivated to limit the number of acknowledged liberty-limiting or coercion-legitimizing principles as narrowly as possible. So, she only believes in ‘harm-principle’ as the morally relevant reason for criminal prohibitions. ‘Offense principle’ and ‘paternalistic’ and ‘moralistic’ considerations, when introduced as support for penal legislation, have no weight at all. So, it means ‘autonomy’ and ‘self-regarding vs. other-regarding actions distinction’ based on which the human is the owner of her mind and body and everything consenting adults do is beyond the realm of morality and law. It leads to ‘individual’ ‘basic rights and liberties’ such as ‘basic rights and liberties’ of ‘speech,’ ‘religion,’ and ‘property’ and ‘collective’ ‘basic rights and liberties’ such as ‘basic rights and liberties of assembly,’ ‘civil society,’ ‘political pluralism,’ ‘democratic institutions,’ and ‘non-governmental organizations.’ ‘Liberalism’ also believes in ‘equality of conditions, ‘equal and free participatory rights in political decision making,’ and ‘collective self-governance.’ It also believes in the ‘rule of law,’ a ‘separation of powers,’ and ‘checks and balances.’ However, even under fair and free elections, the elected leaders can be ‘populists,’ ‘ultra-nationalists,’ ‘racists,’ ‘fascists,’ and ‘authoritarians’ who do not respect ‘inviolable basic rights and liberties,’ and suppress ‘minorities.’ Democratically elected leaders can routinely ignore constitutional limits on their power and deprive their citizens of ‘basic rights and liberties.’ The two strands of ‘liberal democracy’ have been coming apart in the world, and the ‘liberal’ elements of ‘democracy’ have been fraying and eroding even before the ‘novel Coronavirus pandemic.’ Even before the Coronavirus hit, there was already much discussion of a crisis of ‘liberal democracy.’ In particular, there has been a debate about whether ‘liberalism’ and ‘democracy,’ which had long been assumed to go together, were becoming decoupled. This paper shows ‘liberal democracy’ faces a ‘global crisis’ that had begun before the ‘novel Coronavirus pandemic.’ It also analyzes ‘authoritarianism,’ ‘totalitarianism,’ ‘liberalism,’ and ‘democracy’ and shows that Covid-19 is a setback for ‘liberal democracy.’ What is striking about the current moment is that many of the ‘liberal’ elements of ‘democracy’ are so far holding up under immense pressure. ‘Illiberal democracies’ seemed to be emerging in many countries. This model of ‘illiberal democracy,’ in which elections continue to be held but some individual rights and liberties are curtailed, may emerge stronger from this new crisis. In that sense, the ‘pandemic’ may become a challenge not only to ‘democracy’ as such but also to ‘liberal democracy’ in particular – in other words, a system of popular sovereignty together with guaranteed basic rights, such as freedom of association and expression and checks and balances on executive power. ‘Authoritarian’ procedures may succeed in mitigating the spread of the ‘Coronavirus,’ but the world now faces another problem: that when the virus recedes, many ‘liberal democracies’ will be far less ‘liberal’ or ‘democratic’ than they were before. In times of crisis, ‘liberal values’ have been ignored temporarily in the name of executive power. However, the ‘temporary’ can become ‘permanent.’ In addition, if citizens lose their faith in the legitimacy of ‘liberal democracy’ as the best form of government, and think ‘liberal democracy’ cannot function effectively during a crisis, and ‘authoritarian regimes’ manage the crisis more decisively, the world will slide towards ‘illiberal or authoritarian democracy,’ and many ‘liberal democracies’ will be at grave risk of failure. There may now be difficult trade-offs to be made between those basic rights and security - and, after the experience of Covid-19, many citizens may choose security. (shrink)

In _Images of Savages,_ the distinguished psychologist Gustav Jahoda advances the provocative thesis that racism and the perpetual alienation of a racialized 'other' are a central leagacy of the Western tradition. Finding the roots of these demonizations deep in the myth and traditions of classical antiquity, he examines how the monstrous humanoid creatures of ancient myth and the fabulous "wild men" of the medieval European woods shaped early modern explorers' interpretations of the New World they encountered. Drawing on a global (...) scale the schematic of the Western imagination of its "others," Jahoda locates the persistent identification of the racialized other with cannibalism, sexual abandon and animal drives. Turning to Europe's scientific tradition, Jahoda traces this imagery through the work of 18th century scientists on the relationship between humans and apes, the new racist biology of the 19th century studies of "savagery" as an arrested evolutionary state, and the assignment, especially of blacks, to a status intermediate between humans and animals, or that of children in need of paternal protection from Western masters. Finding in these traditional tropes a central influence upon the most current psychological theory, Jahoda presents a startling historical continuity of racial figuration that persists right up to the present day. Far from suggesting a program for the eradication of racial stereotypes, this remarkable effort nevertheless isolates the most significant barriers to equality buried deep within the Western tradition, and proposes a potentially redemptive self-awareness that will contribute to the gradual dismantling of racial injustice and alienation. Gustav Jahoda demonstrates how deeply rooted Western perceptions going back more than a thousand years are still feeding racial prejudice today. This highly original socio-historical contextualisation will be invaluable to scholars of psychology, sociology and anthropology, and to all those interested in the sources of racial prejudice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:At the Beginning, There was the MaskFrançoise Vergès (bio)There is a long history to be told about the links between the economy of extractivism and exhaustion, between colonialism, race, capitalism, imperialism, and breathing, which could be summarized as the "struggle against suffocation and for life." Colonialism (slavery and post-slavery), race, and capitalism are all about un-breathing, about the toxicity of social, cultural, sexual and "natural" environments, about silencing, erasing (...) voices, cutting tongues, forbidding speech, fabricating a deadly form of quietude, requiring mute consent to injustices and inequalities. They play on restricting human lungs and on colonizing the lungs of the planet. In their world, one no longer breathes freely, one can no longer finds her voice, one learns to whisper. It is not the whisper of underground resistance, of words circulating from mouth to mouth to signal where is the next refuge, the next sanctuary, the cache for arms, the false papers, the hidden routes of escape and marooning. It is the murmur of someone beaten and tortured until mad with pain, when breathing has become an ordeal.When we say, "We are suffocating" or "The air has become unbreathable!" we are not just talking of polluted air but of the feeling of living in a deleterious and asphyxiating political regime, which involves social censorship and self-censorship. Fear sets in, we only speak in hushed tones. Under such a regime, political order demands civilized speech, disciplined expression; the authorized music is "national," "military," patriarchal, or of a reinvented tradition. The joy must be measured and the words of the songs and public speech be neutral or to the glory of the regime. The authoritarian regime may even appropriate a song of freedom as its hymn, a bitter paradox where the words of freedom are confiscated to justify oppression. The body is corseted, the voice muzzled, the lungs function faintly, they transcribe our feelings in their rhythm, accelerating or slowing down. When songs and cries of freedom nonetheless arise, defying the regime of silencing and un-breathing, they sharply shatter the feeling of physical and psychic suffocation, the feeling that words remain in our throat, that our voice cannot come out. Suddenly, we catch our breath. We respire, inhale, exhale, fill our lungs. And we reconnect [End Page 54] ourselves with the etymological meaning of respire: from Latin re (again) and spirare itself from Latin spiritus "a breathing (respiration, and of the wind), breath; breath of a god," hence "inspiration; breath of life," hence "life," also "disposition, character; high spirit, vigor, courage" (Harper). Life, vigor, and courage, the breathing of the oppressed break down the politics of suffocation."I can't breathe" were the last words of George Floyd, not long before exhaling his last breath. When across the world, during 2020, people were shouting in many languages, "I can't breathe" using all their breath, they were, by the thousands, making their voices heard, rupturing the silencing of racism. "I can't breathe" became a breathing cry. Breathing became resistance. Singing collectively was breathing together. The song soars from thousands of breasts. The human voice, alone or collective carries an emotional force within it, vibrates sensually. But one may say, this has been, and can still be, the expression of fascism, of toxic masculinity and lynching mobs. When is breathing a revolutionary practice then? When we retrace the racial history of suffocation and breathing, of the colonial/ imperialist military noise vs. songs of freedom, of breathing as a politics toward humanizing the world. In other words, when we show how polluted air and noise are central elements in racial and gendered exploitation and how the antiracist struggle against pollution and suffocation is a struggle against racial capitalism. When we learn that recent medical research links air pollution to delayed cognitive development, stunted growth, and reduced lung capacity in children, we understand that the pretense of the universal right to childhood is a lie. Racism condemns Black, Indigenous and Brown children to premature death. According to the World Health Organization, more people are dying every year of polluted air than of any other cause. The role of air pollution in neurodegenerative diseases such as... (shrink)

The right to be secure from torture, a right that encompasses moral as well as legal strictures against the practice, is supported by increasingly stringent human rights instruments. In this essay, I have discussed the principal instruments and their place in the anti-torture field considered broadly. The phenomenon of these international instruments foreshadows an ever-widening range of legal initiatives against torture, and is emblematic of the increasing importance attached to respect for human life and human dignity. The diversity of international (...) treaties providing against torture such as, for example, The Convention on the Prevention and Punishment of the Crime of Genocide (1948), The Supplementary Convention on the Abolition of Slavery (1956), The International Convention on the Elimination of All Forms of Racial Discrimination (1965), and The International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), indicates the interconnectedness of a wide range of human rights issues.The boundaries that have been drawn around the violation constituted by torture are clearer at present than are those bounding many other rights. Rights commonly categorized as of an economic nature - the right to food and to development, for example - are undergoing processes of definition and implementation. One challenge of this paper is to generate procedures presently attached to such specific human rights violations as torture to rights with less clear parameters. In this way, the growing effectiveness of procedures against torture can serve in the long term to strengthen the bases of international human rights law while in the short term helping to expand the armory of procedures for the protection of less clearly-defined, rights. International human rights law offers a practical tool towards eliminating torture from states' instruments for governing and provides a model for the development of procedures in other categories of rights, while bringing universally declared moral aspirations and legal authority into closer alignment. (shrink)

Racism in its more rigorous usage denotes a complex process of collective injustice whereby one group of people effectively enforces upon another group of people a system of social subordination and economic exploitation. -/- Although the term has been developed to specifically address relations between groups distinguished by racialized traits, which are ultimately arbitrary, the dynamics of racism also offer invaluable first approximations for modeling collective oppression as such. Historically, movements against racism, such as slavery abolition, antiapartheid, or civil rights, (...) have inspired forms of analysis that have been applied to sexism, heterosexism, ableism, and other global systems of collective injustice. . . . (shrink)

Equality is the great political issue of our time. Liberty is forgotten: Fraternity never did engage our passions: the maintenance of Law and Order is at a discount: Natural Rights and Natural Justice are outmoded shibboleths. But Equality—there men have something to die for, kill for, agitate about, be miserable about. The demand for Equality obsesses all our political thought. We are not sure what it is—indeed, as I shall show later, we are necessarily not sure what it is—but we (...) are sure that whatever it is, we want it: and while we are prepared to look on frustration, injustice or violence with tolerance, as part of the natural order of things, we will work ourselves up into paroxysms of righteous indignation at the bare mention of Inequality. (shrink)

Slavery and slave trade gave birth to racism and society has been struggling towards its prevention and possible elimination with little success. Martin Luther King Jr wrote in his letter from the Birmingham jail: “Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny.” Until this undeniable fact is understood and emphasized our contemporary society is heading towards a state of an uncontrollable wildfire of anarchy. It (...) is obvious that all fingers are not equal but that does not negate the fact that all men irrespective of colour or race are created equal—configured with brain, flesh, water, and blood. Racial discrimination is a moral and systemic sin that must be confronted and vehemently condemned. The main thrust of this paper is to expose various forms of racial discrimination ravaging the contemporary society with a view to postulating ideas geared towards its prevention and possible elimination. Relying on observational and historical methods, relevant data required will be elicited. The paper identified among other things that racism is resurging in the 21st century to a threatening dimension that if a coordinated action is not urgently taken, it will result into an uncontrollable wildfire of anarchy. The researcher therefore recommends the need to reemphasize respect and tolerance for all humanity. (shrink)

African American history resounds with calls for black unity. From abolitionist times through the Black Power movement, it was widely seen as a means of securing a full share of America's promised freedom and equality. Yet today, many believe that black solidarity is unnecessary, irrational, rooted in the illusion of "racial" difference, at odds with the goal of integration, and incompatible with liberal ideals and American democracy. A response to such critics, We Who Are Dark provides the first extended (...) philosophical defense of black political solidarity. Tommie Shelby argues that we can reject a biological idea of race and agree with many criticisms of identity politics yet still view black political solidarity as a needed emancipatory tool. In developing his defense of black solidarity, he draws on the history of black political thought, focusing on the canonical figures of Martin R. Delany and W. E. B. Du Bois, and he urges us to rethink many traditional conceptions of what black unity should entail. In this way, he contributes significantly to the larger effort to re-envision black politics and to modernize the objectives and strategies of black freedom struggles for the post-civil rights era. His book articulates a new African American political philosophy--one that rests firmly on anti-essentialist foundations and, at the same time, urges a commitment to defeating racism, to eliminating racial inequality, and to improving the opportunities of those racialized as "black.". (shrink)

The formation of the modern state, the rise of capitalism, the Renaissance and Reformation, the scientific revolution and the Age of Enlightenment have all been attributed to the “early modern” period. Nearly everything about its history remains controversial, but one thing is certain: it left a rich and provocative legacy of political ideas unmatched in Western history. The concepts of liberty, equality, property, human rights and revolution born in those turbulent centuries continue to shape, and to limit, political discourse today. (...) Assessing the work and background of figures such as Machiavelli, Luther, Calvin, Spinoza, the Levellers, Hobbes, Locke and Rousseau, Ellen Wood vividly explores the ideas of the canonical thinkers, not as philosophical abstractions but as passionately engaged responses to the social conflicts of their day. (shrink)