Justifying Racial and Gendered Contract in Europe Justifying Contract in Europe has the ambition to contribute to the envisioning of more just alternative futures by highlighting the normative stakes of contract law questions. This contribution asks what sort of just futures can be envisioned, if and when we remain focused on justifications that make gender and racial injustice invisible in the context of contract’s normative stakes. In particular, in this response, I offer a critique (...) of the structural absence of intersectional feminist engagements with ideas of justice, democracy and freedom in discourse on justice and contract in Europe. The absence of feminist intersectional analyses undermines the diagnostic processes to identify root problems and the potential for radical reconsiderations for contract in Europe. (shrink)

The thesis of this book is that people enter into social contracts because they are different from one another and have incentives to cooperate. In economic life, people have identical interests—namely, their own se- interests—so they have an incentive to compete. The social worlds that we create, or map, and those that are already mapped for us are increasingly complex, and thus the tracking of rationality is not so straightforward, although it is everywhere evident. In a sense, this book grew (...) out of two questions: Why hasn't the United States had a second revolution? Or is the revolution yet to come? Many have discussed the current crises that confront contemporary society, such as great economic inequalities, poverty, the declining quality of jobs, the growing power of corporate elites, and racial antago nisms. I attempt to understand these problems in terms of the radical restructuring of social life by economic and spatial forces. My specula tive thesis is that social organizations must reinforce social contracts and nurture the opportunities for them to be forged. However, contemporary organizations, particularly economic ones, have internalized the princi ples of economic markets, thereby inducing competition and easing out cooperation. In defining social contracts, I draw from Rousseau and also from Marx and his analysis of use value. One hopes that new organiza tional forms based on principles of democracy and community will evolve. In a diverse, multicultural society, this requires great mutual understanding and cooperation and the recognition of differences. (shrink)

Some philosophers and activists have been sceptical about the relevance of pursuing animal justice to progress racial justice. Routinely, these sceptics have argued that allying animal and racial justice struggles is politically unfeasible, counterproductive, distractive and disruptive for the achievement of racial justice. The conclusion of these sceptics is that animal justice is either a barrier or irrelevant to racial justice and, as such, activists should not ally both struggles. In this article, I wish to contest (...) the arguments that forward the idea that these struggles should not be addressed together, especially in the case of addressing anti-Black racial injustices. I offer a negative argumentative strategy to forward my thesis; namely, I offer reasons to reject the arguments that are sceptical about the relevance of addressing animal justice to achieve progress in racial justice. I contend that racial injustice is partly fuelled by the capacity contract. The capacity contract, in turn, is intertwined with the way humans treat animals. Owing to the fact that speciesism fuels the contract that incites racism, then addressing speciesism is instrumentally relevant for overcoming racial injustices. Moreover, I demonstrate in this article that not only are there various ways that anti-racist and anti-speciesist struggles are interconnected, but also that the project of addressing them together is politically feasible and desirable. (shrink)

Inequalities in expectations to receive care permeate social structures, reinforcing racialized and gendered hierarchies. Harming the people who are overburdened and disadvantaged as caregivers, these inequalities also shape the subjectivities and corporeal habits of the class of people who expect to receive care from others. With three examples, I illustrate a series of justificatory asymmetries across gender and racial lines that illustrate (a) asymmetries in deference and attendance to the needs of others as well as (b) assertions of the (...) rightful occupation of space. These justificatory asymmetries are cogent reasons to evaluate the justice of caregiving arrangements in a way that tracks data about who cares for whom, which can be understood by the concept of the arrow of care map. I suggest, therefore, that the arrow of care map is a necessary component of any critical care theory. In addition, employing a method called living counterfactually, I show that when women of color assert full claimant status, we are reversing arrows of care, which then elicits resistance and violence from varied actors in the real world. These considerations together contribute to further defense of the theory of liberal dependency care’s constructivism, which combines hypothetical acceptability with autonomy skills in the real world. Each level, in turn, relies on the transparency of care practices in the real world as enabled by the arrow of care map. (shrink)

Hoe raciaal is het liberale sociale contract? Classical liberal philosophers such as Locke and Kant are accused of philosophical racism: their theories are said to be inherently racist. Contemporary political philosopher John Rawls is also under fire. According to Charles Mills, Rawls’ model of the social contract involves a racial contract. It is constructed from a one-sided white perspective: Rawls’ theory of justice is silent about the fundamental injustice that marks the modern world: racial injustice. (...) This article addresses questions such as: to what extent is Mills’ critique correct? Is liberalism inherently racist? Can the social contract be emancipated? (shrink)

Introduction -- "Every Legitimate Government is Republican": Rousseau's Debt to and Departure from Montesquieu on Republicanism -- What if There is no Legislator? Rousseau's History of the Government of Geneva -- Rousseau's Republican Citizenship: The Moral Psychology of The Social Contract -- Rousseau's negative liberty: Themes of domination and skepticism in The Social Contract -- Rousseau's Ancient Ends of Legislation: Liberty, Equality (& Fraternity) -- Property and Possession in Rousseau's Social Contract -- Political Equality Among Unequals -- (...) On the Primacy of Peoplehood: Nations and Nationalism in Rousseau's Social Contract -- Rousseau on Voting and Electoral Laws -- Rousseau and the puzzle of the Roman Republic -- Rousseau's Case against Democracy -- Rousseau's Dilemma or "Of Civil Religion" -- Entreating the Political: Politics and Theology in Rousseau's Social Contract -- Civil Religion and Political Unity: Social Contract 4.8. (shrink)

The year 2020 has yielded twin crises in the United States: a global pandemic and a public reckoning with racism brought about by a series of publicized instances of police violence toward Black men and women. Current data indicate that nationally, Black Americans are three times more likely than White Americans to contract Covid-19, a pattern that underscores the more general phenomenon of health disparity among Black and White Americans. Once exposed, Black Americans are twice as likely to die (...) of the virus. Unsurprisingly, Black Americans report higher levels of fear of Covid-19 than their White peers, but they also report higher levels of hesitancy toward a Covid-19 vaccine. This paper explores why this apparent discrepancy exists. It also provides practical recommendations for how government and public health leaders might address vaccine hesitancy in the context of the twin crises of 2020. (shrink)

This book approaches the problems and circumstances confronting blacks in the context of black values, the black community, and the role of government. ^BContents:: The Black Community's Values as a Basis for Action; The Community as Agent of Change; and The Government's Role in Meeting New Challenges.

This chapter contains section titled: Introduction Welfarism: Law and Economics Nonwelfarist theories Historical Explanations Topics in Contract Theory Conclusion: Whither Contract Theory? References.

The Racial Contract pone la teoría clásica del contrato social occidental, sin ambages, al servicio de un uso radical extraordinario. Con una mirada arrolladora sobre el expansionismo y el racismo europeos de los últimos quinientos años, Charles W. Mills demuestra cómo este peculiar y no reconocido "contrato" ha dado forma a un sistema de dominación europea global: cómo da lugar a la existencia de "blancos" y "no blancos", personas de pleno derecho y subpersonas, cómo influye en la teoría (...) moral y la psicología moral de los blancos; y cómo este sistema se impone a los no blancos mediante el condicionamiento ideológico y la violencia. The Racial Contract sostiene que la sociedad en la que vivimos es un estado continuado de supremacía blanca. Levantando un espejo ante la filosofía dominante, este provocativo libro explica el esquema evolutivo del contrato racial desde la época de la conquista del Nuevo Mundo y el posterior colonialismo, pasando por el contrato escrito de la esclavitud, hasta el sistema de segregación "separados pero iguales" en los Estados Unidos del siglo XX. Según Mills, el contrato ha proporcionado la arquitectura teórica que justifica toda una historia de atrocidades europeas contra los no blancos, desde las afirmaciones de David Hume e Immanuel Kant de que los negros tenían un poder cognitivo inferior, pasando por el Holocausto, hasta el tipo de imperialismo en Asia que se demostró con la guerra de Vietnam. Mills sugiere que la guetización del trabajo filosófico sobre la raza no es accidental. Este trabajo desafía la suposición de que la teoría dominante carece en sí misma de raza. Al igual que la teoría feminista ha revelado el sesgo invisible de la filosofía política hacia los hombres blancos, la explicación de Mills del contrato racial expone sus fundamentos raciales. (shrink)

This paper presents a novel framework for evaluating racial profiling, including 'rational profiling' that does in fact decrease crime rates. It argues that while profiling some groups, such as African Americans and Muslims, is impermissible, profiling others, such as white men, may be permissible. The historical and sociological context matters significantly. Along the way, the paper develops a new theory of what expressive harms are, why they matter, and when it is the responsibility of the state to correct them.

Very diverse societies pose real problems for Rawlsian models of public reason. This is for two reasons: first, public reason is unable accommodate diverse perspectives in determining a regulative ideal. Second, regulative ideals are unable to respond to social change. While models based on public reason focus on the justification of principles, this book suggests that we need to orient our normative theories more toward discovery and experimentation. The book develops a unique approach to social contract theory that focuses (...) on diverse perspectives. It offers a new moral stance that author Ryan Muldoon calls, "The View From Everywhere," which allows for substantive, fundamental moral disagreement. This stance is used to develop a bargaining model in which agents can cooperate despite seeing different perspectives. Rather than arguing for an ideal contract or particular principles of justice, Muldoon outlines a procedure for iterated revisions to the rules of a social contract. It expands Mill's conception of experiments in living to help form a foundational principle for social contract theory. By embracing this kind of experimentation, we move away from a conception of justice as an end state, and toward a conception of justice as a trajectory. (shrink)

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

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)

이 글은 한국사회에서 발생하고 있는 인종 편견 사례를 통해 그것의 발생원인과 그 특성들을 유형별로 소개하고 해명하는 데 목적이 있다. 먼저, 한국사회가 다문화사회로 진입하면서 다양하게 발생하고 있는 인종 편견 사례를 살펴보기 전에, 그 예비적 고찰로서 인종 개념과 인종 편견 개념에 대해 검토함으로써, 이러한 개념 속에 내재되어 있는 본질적 의미를 해명해 보고자 한다. 다음으로, 한국사회에 만연해 있는 인종 편견의 발생 원인과 그 사례를 몇 가지로 구분하여 간략히 살펴보고자 한다. 이는 역사적인 맥락에서 한국사회에 내재되어 있는 우월의식이 어떻게 형성되었으며, 또한 그것이 현재 한국사회의 인종 (...) 편견의 발생원인 중의 하나가 되고 있음을 해명하기 위한 것이다. 이어서, 한국사회에서 발생하고 있는 인종 편견 사례를 구체적으로 소개하면서 그 유형을 크게 네 가지 요인, 즉 생물학적-유전학적 요인, 사회적-역사적 요인, 종교적-문화적 요인, 경제적 요인으로 구분하면서, 이들 네 가지 요인에 따른 인종 편견의 특징을 밝혀보고자 한다. 끝으로, 결론에서는 이상의 내용을 근거로 하여 한국사회에서 발생하고 있는 인종 편견이나 인종 차별과 같은 갈등 문제를 해소할 수 있는 몇 가지 개선 방안을 제시하면서 본 논의를 맺고자 한다. (shrink)

Some theorists have developed formal approaches to truth that depend on counterexamples to the structural rules of contraction. Here, we study such approaches, with an eye to helping them respond to a certain kind of objection. We define a contractive relative of each noncontractive relation, for use in responding to the objection in question, and we explore one example: the contractive relative of multiplicative-additive affine logic with transparent truth, or MAALT. -/- .

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)

Introduction Compulsory care is controversial, since respect for the patient’s autonomy is a standard requirement in health care. Many psychiatrists have experienced that patients with borderline personality syndrome sometimes demand compulsory care for themselves in order not to exert self-harm—like Ulysses contracts. The aim of this study was to examine the possible existence and extent of borderline personality syndrome-patient demands for Ulysses contracts regarding compulsory care in acute psychiatry, and how external influences and demands could affect the caregivers’ decisions about (...) compulsory care. Method An anonymous questionnaire, with three questions with fixed answers, was distributed to 42 licensed medical doctors on call at the psychiatric emergency unit in the city of Stockholm. Thirty-three questionnaires were answered, giving a response rate of 79%. Results Ninety-four percent of the respondents recognized the phenomenon of borderline personality syndrome patients requesting compulsory care, 21% stated that this request had affected their clinical decision, and 55% had used compulsory care for other reasons than the patient’s best interest. Discussion The results indicate that compulsory care is sometimes given in the form of Ulysses contracts for borderline personality syndrome patients. Also, compulsory care is sometimes used for other reasons than the borderline personality syndrome patient’s best interest. Psychological mechanisms affect the decisions of both patients and caregivers. More research should be done concerning to whom, why, and with what consequences compulsory care is prescribed. (shrink)

We can often specify how we would contract by a certain sentence by saying that this contraction would coincide with some other contraction that we know how to perform. We can for instance clarify that our contraction by p&q would coincide with our contraction by p, or by q, or by {p, q}. In a framework where the set of potential outcomes is known, some contractions are “self-evident” in the sense that there is only one serious candidate that can (...) be the outcome of such a contraction. Contraction by a specific contractee (sentence or set of sentences to be contracted) is bootstrapped if it is specified by saying that it coincides with some such self-evident contraction. For a wide range of (multiple) contraction operators, contractions by any contractee can be bootstrapped. This means that the selection mechanism (selection function, incision function, etc.) can be replaced by a function called a bootstrapping selector that assigns to each contractee some “self-evident” contractee that yields the same outcome. With bootstrapping we can eliminate traditional extralogical components in contraction (e.g., selection functions) and replace them by bootstrapping selectors that reflect more closely the ways in which we actually reason and argue about belief contraction. (shrink)

Although Gramsci's notions of hegemony and subalternity may seem outdated in this 21st century, a critical examination of the literature shows that these concepts apply in this global pandemic and political context. Racialization is a form of structural violence. In this paper, I also explore Gramsci's’ notion of engaged intellectuals to support the idea of social and political activism in nursing. Nurse scholars call for the decolonization of the discipline. Gramsci's philosophical approach to hegemony can be extended to racialization in (...) nursing. Gramsci's notions of civil society and state can help nurses to see the structures that create racism in nursing and society. (shrink)