Legal analysis is dominated by legal arguments, and the assessment of any legal claim requires the assessment of the strengths and weaknesses of those arguments. The ‘logocratic’ method is a systematic method for assessing the strengths and weaknesses of arguments. More specifically, it is a method designed to help the analyst determine what degree of warrant the premises of an argument provide for its conclusion. Although the method is applicable to any type of argument, this essay focuses on the logocratic (...) framework for assessing the strengths and weaknesses of evidentiary legal arguments, arguments offered in litigation in which evidentiary propositions are proffered to support hypotheses. The focus is on American law, but the logocratic analysis offered here could be adjusted without much trouble to handle arguments about evidence in other systems of litigation. In any legal system that aspires to have a fact-finding process that is sufficiently reliable to meet the requirements of justice, we might fashion an analogue for the Socratic maxim ‘the unexamined life is not worth living’: the unexamined evidentiary argument is not worth believing. The logocratic method seeks to help the evidence analyst pursue that Socratic mission, tailored to the rules and institutions of evidence law. (shrink)

This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.Explores enduring questionsFocusing ...

Illuminates legal reasoning -- and its justification At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. (...) This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power. Explores enduring questions Focusing on work over the past century, the essays address important recurring questions, such as: When a judge or a lawyer reasons to a conclusion about what is legally required in a given case, must he also ask what is morally required? To what extent do a judge's personal, political, or moral biases affect his legal reasoning? What is the impact of such biases? Can all such biases be avoided? Is legal reasoning similar to reasoning in mathematics, logic, and linguistics, the physical sciences, the social sciences, or literature and history? Do formal logical modes of argument play any roles in legal reasoning? Solid coverage, well organized The articles were chosen to present some of the most influential works on the topic, as well as less familiar works that are thought provoking and informative. Each volume also offers a representative range of theoretical approaches to its topic, contains an introduction that locates the subject within the larger framework oftheories of legal reasoning and jurisprudence, and includes bibliographical notes on further readings. Many 19th century legal theorists argued that deduction is the central mode of legal reasoning, and that legal argument is like a deductive proof in mathematics or logic. They were attracted to this "deductivist" concept because it suggested that legal reasoning could be politically and morally neutral. This volume brings together some of the most thought-provoking articles on both sides of the debate. It also contains several leading articles that explain the role of probabilistic judgments and presumptions in various types of legal arguments, including the laws of evidence and criminal procedure. The collection is a solid introduction to the basic modes of logical argument in legal reasoning. (shrink)

The articles in this volume consider at what stage of legal reasoning should a judge or lawyer make specifically moral judgments.

At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the (...) political and moral importance in justifying the exercise of judicial power. (shrink)

This volume traces the modern critical and performance history of this play, one of Shakespeare's most-loved and most-performed comedies. The essay focus on such modern concerns as feminism, deconstruction, textual theory, and queer theory.

First Published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.

This thesis addresses two enduring issues in legal theory-- rationality and its association with rule of law values--by offering detailed models of two patterns of legal reasoning. One is reasoning by analogy. The other is the inference process that legal reasoners use when they defer epistemically to scientific experts in the course of reaching legal decisions. Discussions in both chapters reveal that the inference pattern known as "abduction" is a deeply important element of many legal inferences, including analogy and epistemic (...) deference to experts--something that has been largely unrecognized in legal theory. After presenting a detailed model of analogy, Chapter 1 argues that legal reasoning by analogy, like analogical argument in logic, mathematics, and the natural sciences, possesses a great deal of rational force when properly executed. Chapter 2 investigates the reasoning process by which non-expert legal reasoners defer epistemically to the judgments of scientists. It presents five main conclusions or explanations. Every practical syllogism actually consists of two distinct chains of inference, and what is usually considered in writings on practical reasoning to be the minor premise of a practical syllogism is actually the conclusion of a separate chain of argument. When a practical reasoner defers epistemically to a theoretical expert, this separate chain of argument has a special structure, which is modeled in Chapter 2. The non-expert legal reasoner must always make a prescriptive practical judgment about the standard of epistemic appraisal and level of epistemic confidence that the reasoner requires of scientific evidence before it may be relied upon in reaching a legal decision. Legal systems should be committed to an emergent rule of law ideal identified and referred to as "intellectual due process" which condemns epistemically arbitrary reasoning processes insofar as they play a role in legal decisionmaking. Since non-arbitrariness is a necessary condition of both epistemic and legal legitimacy, we have compelling reason to doubt that the non-arbitrariness condition can be met when non-experts defer epistemically to scientific experts. (shrink)

The Logocratic Method, and the Logocratic theory that underwrites it, provide a philosophical explanation of three purposes or goals that arguers have for their arguments: to make arguments that are internally strong, or that are dialectically strong, or that are rhetorically strong. This article presents the basic terms and methods of Logocratic analysis and then uses a case study to illustrate the Logocratic explanation of arguments. Highlights of this explanation are: the use of a virtue framework to explicate the three (...) strengths and weaknesses of arguments that are of greatest interest to arguers in many contexts, the Logocratic explication of the structure of abduction generally and of legal abduction specifically, the concept of a system of arguments, and the concept of the dynamic interactive virtue of arguments—a property of systems of arguments in which the system of arguments as a whole is as virtuous as are the component arguments that comprise the system. This is especially important since, according to Logocratic theory, some arguments, such as abduction and analogical argument, are themselves comprised of different logical forms. (shrink)

The Logocratic Method, and the Logocratic theory that underwrites it, provide a philosophical explanation of three purposes or goals that arguers have for their arguments: to make arguments that are internally strong, or that are dialectically strong, or that are rhetorically strong. This article presents the basic terms and methods of Logocratic analysis and then uses a case study to illustrate the Logocratic explanation of arguments. Highlights of this explanation are: the use of a virtue framework to explicate the three (...) strengths and weaknesses of arguments that are of greatest interest to arguers in many contexts, the Logocratic explication of the structure of abduction generally and of legal abduction specifically, the concept of a system of arguments, and the concept of the dynamic interactive virtue of arguments—a property of systems of arguments in which the system of arguments as a whole is as virtuous as are the component arguments that comprise the system. This is especially important since, according to Logocratic theory, some arguments, such as abduction and analogical argument, are themselves comprised of different logical forms. (shrink)

The Logocratic Method, and the Logocratic theory that underwrites it, provide a philosophical explanation of three purposes or goals that arguers have for their arguments: to make arguments that are internally strong, or that are dialectically strong, or that are rhetorically strong. This article presents the basic terms and methods of Logocratic analysis and then uses a case study to illustrate the Logocratic explanation of arguments. Highlights of this explanation are: the use of a virtue framework to explicate the three (...) strengths and weaknesses of arguments that are of greatest interest to arguers in many contexts, the Logocratic explication of the structure of abduction generally and of legal abduction specifically, the concept of a system of arguments, and the concept of the dynamic interactive virtue of arguments—a property of systems of arguments in which the system of arguments as a whole is as virtuous as are the component arguments that comprise the system. This is especially important since, according to Logocratic theory, some arguments, such as abduction and analogical argument, are themselves comprised of different logical forms. (shrink)

Scott Yenor argues that David Hume's reputation as a skeptic is greatly exaggerated. In David Hume's Humanity, Yenor shows how Hume's skepticism is a moment leading Hume to defend a philosophy that is grounded in the inescapable assumptions of common life. Humane virtues reflect the proper reaction to the complex mixture of human faculties that define the human condition. These gentle virtues best find their home in the modern commercial republic, of which England is the leading example. Hume's defense (...) of both common life philosophy and humanity are, however, flawed by his secretly dogmatic assumptions about the nature of history and his Enlightened approach to religious teachings and psychology. This study makes the case for Hume's manner of grounding philosophy in common life is essential to any reinvigoration of the humanities. It ultimately holds that Hume's practice of that philosophy is seriously flawed, but that a more philosophic philosophy of common life is available. (shrink)

: In a short and much-neglected passage in the second Critique, Kant discusses the threat posed to human freedom by theological determinism. In this paper we present an interpretation of Kant’s conception of and response to this threat. Regarding his conception, we argue that he addresses two versions of the threat: either God causes appearances directly or he does so indirectly by causing things in themselves which in turn cause appearances. Kant’s response to the first version is that God cannot (...) cause appearances directly because they depend essentially on the passive sensibility of finite beings. Kant’s response to the second version is that human beings are endowed with transcendental freedom, which blocks the causal transitivity that is presupposed by this version. We also contrast his position on this topic with Leibniz’s and Spinoza’s. (shrink)

Looking back, the moral panic that precipitated the decimation of horror comics in the 1950s seems quaint, yet concerns about the psychological impact of violent media on consumers have never disappeared. In this article, I outline a particular type of psychological impact we ought to take seriously when evaluating the moral status of entertainment. I then consider (a) ways in which comics seem immune from claims that they create this kind of impact for their readers, as well as (b) ways (...) in which we might think that comics generate special instances of moral danger for readers. (shrink)

Studies of the Early Modern debate concerning absolute and relative space and motion often ignore the significance of the concept of true motion in this debate. Even philosophers who denied the existence of absolute space maintained that true motions could be distinguished from merely apparent ones. In this paper, I examine Berkeley's endorsement of this distinction and the problems it raises. First, Berkeley's endorsement raises a problem of consistency with his other philosophical commitments, namely his idealism. Second, Berkeley's endorsement raises (...) a problem of adequacy, namely whether Berkeley can provide an adequate account of what grounds the distinction between true and merely apparent motion. In this paper, I argue that sensitivity to Berkeley's distinction between what is true in the metaphysical, scientific, and vulgar domains can address both the consistency and the adequacy problems. I argue that Berkeley only accepts true motion in the scientific and vulgar domains, and not the metaphysical. There is thus no inconsistency between his endorsement of true motion in science and ordinary language, and his metaphysical idealism. Further, I suggest that sensitivity to these three domains shows that Berkeley possesses resources to give an adequate account of how true motions are discovered in natural science. (shrink)

This paper examines the form of mental representation of scientific theories in scientists and nonscientists. It concludes that images and schemas are not the appropriate form of mental representation for scientific theories but that mental models and perceptual symbols do seem appropriate for representing physical/mechanical phenomena. These forms of mental representation are postulated to have an analogical relation with the world and it is this relationship that gives them strong explanatory power. It is argued that the construct of naïve theories (...) as used in developmental psychology may be the appropriate form of mental representation for non physical/mechanical domains. The paper adopts a strong form of psychologism in the philosophy of science and argues that model-based approaches to scientific theories are more appropriate forms of representation for scientific theories than the formalist approaches that dominate current philosophy of science. (shrink)

We must critically rethink race and genetics in the context of the new genetic breakthroughs and haplotype mapping. We must avoid the slippery slope of turning socially constructed racial categories into genetic realities. It is a potentially dangerous arena given the history of racialized science in the United States and globally. Indeed, the new advances must be viewed in the context of a long history of racial inequality, continuing into the current period. This is more than a question of how (...) carefully we use categories of analysis such as race. Justice and equity must be core to our considerations. There is a community stake in this work that must be seriously considered and included in decision making. A progressive and critical analysis is in order. (shrink)

This chapter discusses the roles of ether and electrons in relativity theory. One of the most radical moves made by Albert Einstein was to dismiss the ether from electrodynamics. His fellow physicists felt challenged by Einstein’s view, and they came up with a variety of responses, ranging from enthusiastic approval, to dismissive rejection. Among the naysayers were the electron theorists, who were unanimous in their affirmation of the ether, even if they agreed with other aspects of Einstein’s theory of relativity. (...) The eventual success of the latter theory (circa 1911) owed much to Hermann Minkowski’s idea of four-dimensional spacetime, which was portrayed as a conceptual substitute of sorts for the ether. (shrink)

The law of gravitational attraction is a window on three formal approaches to laws of nature based on Lorentz-invariance: Poincaré’s four-dimensional vector space (1906), Minkowski’s matrix calculus and spacetime geometry (1908), and Sommerfeld’s 4-vector algebra (1910). In virtue of a common appeal to 4-vectors for the characterization of gravitational attraction, these three contributions track the emergence and early development of four-dimensional physics.

Atrial natriuretic peptides appear to elicit their actions in some target tissues by binding to a novel cell‐surface transmembrane protein which possesses both peptide binding and guanylate cyclase activities. Ligand binding stimulates enzyme activity to produce increased intracellular concentrations of cyclic GMP which, in turn, mediates the cell's physiological response.

In an atmosphere of shrinking state funds for edu cation and the glistening power of information technology, the administrators of educational institutions, especially higher education, are investing heavily in the construction and increased use of distance learning classrooms. Yet, in this rush to be both economi cally streamlined and technologically advanced, few policy makers are inquiring into the educational bene fits actually proffered to the end users, that is, teachers and students. This article advances such an inquiry by revealing how (...) the equipment in such facilities explic itly or implicitly embodies, and thereby determines, pedagogical choices. Such "hardwired" pedagogy may enhance the type and amount of data flow, but it effectively restricts the options for teaching and learn ing on the part of both the teacher and the student. Furthermore, virtual classrooms functionally transfer parametric control of classroom interaction from the participants to the equipment and therefore to the technicians, accountants, bureaucrats, manufacturers, and engineers. (shrink)

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

This article presents the results of an experiment which investigated elementary school children's explanations of the day/night cycle. First, third, and fifth grade children were asked to explain certain phenomena, such as the disappearance of the sun during the night, the disappearance of stars during the day, the apparent movement of the moon, and the alteration of day and night. The results showed that the majority of the children in our sample used in a consistent fashion a small number of (...) relatively well‐defined mental models of the earth, the sun, and the moon to explain the day/night cycle. These mental models of the day/night cycle were empirically accurate, logically consistent and revealed some sensitivity on the part of the children to issues of simplicity of explanation. The younger children formed Initial mental models which provided explanations of the day/night cycle based on everyday experience (e.g., the sun goes down behind mountains, clouds cover up the sun). The older children constructed synthetic mental models (e.g., the sun and the moon revolve around the stationary earth every 24 hours; the earth rotates in an up/down direction and the sun and moon are fixed on opposite sides) which represented attempts to synthesize the culturally accepted view with aspects of their Initial models. A few of the older children appeared to have constructed a mental model of the day/night cycle similar to the scientific one. A theoretical framework is outlined which explains the formation of initial, synthetic, and scientific models of the day/night cycle in terms of the reinterpretation of a hierarchy of constraints, some of which are present early in the child's life, and others which emerge later out of the structure of the acquired knowledge. (shrink)

What is the role of conscious experience in the epistemology of perceptual knowledge: how should we characterise what is going on in seeing that o is F in order to illuminate the contribution of seeing o to their status as cases of knowing that o is F? My proposal is that seeing o involves conscious acquaintance with o itself, the concrete worldly source of the truth that o is F, in a way that may make it evident to the subject (...) that o is an instance of ‘x is F’ as she understands this, and hence evident that o is F. Seeing that o is F is thus a way of its being evident that o is F and is therefore a way of knowing that o is F. (shrink)

Although informed consent is important in clinical research, questions persist regarding when it is necessary, what it requires, and how it should be obtained. The standard view in research ethics is that the function of informed consent is to respect individual autonomy. However, consent processes are multidimensional and serve other ethical functions as well. These functions deserve particular attention when barriers to consent exist. We argue that consent serves seven ethically important and conceptually distinct functions. The first four functions pertain (...) principally to individual participants: (1) providing transparency; (2) allowing control and authorization; (3) promoting concordance with participants' values; and (4) protecting and promoting welfare interests. Three other functions are systemic or policy focused: (5) promoting trust; (6) satisfying regulatory requirements; and (7) promoting integrity in research. Reframing consent around these functions can guide approaches to consent that are context sensitive and that maximize achievable goals. (shrink)

There is widespread agreement that there should be a principle requiring that artificial intelligence be ‘explicable’. Microsoft, Google, the World Economic Forum, the draft AI ethics guidelines for the EU commission, etc. all include a principle for AI that falls under the umbrella of ‘explicability’. Roughly, the principle states that “for AI to promote and not constrain human autonomy, our ‘decision about who should decide’ must be informed by knowledge of how AI would act instead of us” :689–707, 2018). There (...) is a strong intuition that if an algorithm decides, for example, whether to give someone a loan, then that algorithm should be explicable. I argue here, however, that such a principle is misdirected. The property of requiring explicability should attach to a particular action or decision rather than the entity making that decision. It is the context and the potential harm resulting from decisions that drive the moral need for explicability—not the process by which decisions are reached. Related to this is the fact that AI is used for many low-risk purposes for which it would be unnecessary to require that it be explicable. A principle requiring explicability would prevent us from reaping the benefits of AI used in these situations. Finally, the explanations given by explicable AI are only fruitful if we already know which considerations are acceptable for the decision at hand. If we already have these considerations, then there is no need to use contemporary AI algorithms because standard automation would be available. In other words, a principle of explicability for AI makes the use of AI redundant. (shrink)

Cowardice asks the question, is it safe? Expediency asks the question, is it politic? Vanity asks the question, is it popular? But conscience asks the question, is it right? And there comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right.Your burden is not to clear your conscience but to learn how to bear the burdens on your conscience.Since the time of (...) hippocrates, Western medicine has assumed that the exercise of conscience is fundamental to its sound practice. Despite significant changes to medical training in the intervening millennia, this emphasis on conscience remains. "The Physician's Pledge" of the World... (shrink)

Introduction: working together on individuality / Lynn K. Nyhart and Scott Lidgard -- The work of biological individuality: concepts and contexts / Scott Lidgard and Lynn K. Nyhart -- Cells, colonies, and clones: individuality in the volvocine algae / Matthew D. Herron -- Individuality and the control of life cycles / Beckett Sterner -- Discovering the ties that bind: cell-cell communication and the development of cell sociology / Andrew S. Reynolds -- Alternation of generations and individuality, 1851 / (...) Lynn K. Nyhart and Scott Lidgard -- Spencer's evolutionary entanglement: from liminal individuals to implicit collectivities / Snait Gissis -- Biological individuality and enkapsis: from Martin Heidenhain's synthesiology to the völkisch national community / Olivier Rieppel -- Parasitology, zoology, and society in France, ca. 1880-1920 / Michael A. Osborne -- Metabolism, autonomy, and individuality / Hannah Landecker -- Bodily parts in the structure-function dialectic / Ingo Brigandt -- Commentaries: historical, biological, and philosophical perspectives -- Distrust that particular intuition: resilient essentialisms and empirical challenges in the history of biological individuality / James Elwick -- Biological individuality: a relational reading / Scott F. Gilbert -- Philosophical dimensions of individuality / Alan C. Love and Ingo Brigandt. (shrink)

On the Nature of Photographic Realism’ Kendall Walton argues that lack of mental-state involvement in the formation of photographic images is a quality that sets them apart from handmade images such as paintings or sketches. This paper defends and substantially develops this idea. It argues that viewers' knowledge of this objective character of the photographic process provides them with special warrant for the acceptance of first-order perceptual beliefs formed as a result of viewing photographic images. As well, it distinguishes between (...) two different ways in which mental states can be involved in the formation of photographic images, and uses this distinction to ward off the objection that decisions about film type, composition, moment of exposure, etc. undermine the objectivity of the photographic process. (shrink)

In the last decade, the familiar problem of the regress of reasons has returned to prominent consideration in epistemology. And with the return of the problem, evaluation of the options available for its solution is begun anew. Reason’s regress problem, roughly put, is that if one has good reasons to believe something, one must have good reason to hold those reasons are good. And for those reasons, one must have further reasons to hold they are good, and so a regress (...) of reasons looms. In this new study, Aikin presents a full case for infinitism as a response to the problem of the regress of reasons. Infinitism is the view that one must have a non-terminating chain of reasons in order to be justified. The most defensible form of infinitism, he argues, is that of a mixed theory – that is, epistemic infinitism must be consistent with and integrate other solutions to the regress problem. (shrink)

Religious considerations in medical decision-making have enjoyed newfound attention in recent years, challenging the assumption that the domains of biological and spiritual flourishing can be cleanly separated in clinical practice. A surprising majority of patients desire their physicians to engage their religious and spiritual concerns, yet most never receive such attention, particularly in cases near the end of life where such attention seems most warranted.1–3 As physicians Aparna Sajja and Christina Puchalski recently wrote in the AMA Journal of Ethics theme (...) issue on ‘Religion and Spirituality in Healthcare Practice’, modern medical training is ‘falling short of preparing physicians to help patients with the metaphysical needs of their illness’.4 It would seem then that both patients and physicians might challenge the conclusions proffered by philosophers Jake Greenblum and Ryan Hubbard in ‘Responding to Religious Patients: Why Physicians Have No Business Doing Theology’, in which they claim that physicians ought not to engage religious reasoning for medical decisions. Their conclusion relies on two core arguments: a ‘public reason’ argument and a ‘fiduciary argument’, both of which contend that theology and religious considerations have no place in medical reasoning. We find that two central errors undergird these arguments. First is the fraught notion of an epistemically and ethically normative public reason, and second is a fundamental mischaracterisation of the fiduciary nature of the patient–physician relationship and the nature of medicine itself. In response, we argue that all physicians essentially ‘do theology’ and that, rather than divorcing theology from medical practice, clinicians should make it their business to do theology well. To support the exclusion of religious reasoning from medical decision-making, the authors open with a ‘public reason argument’, suggesting that physicians serve in roles closely resembling those of public officials. As such, the physician as public official ought to limit himself …. (shrink)

Evidence for a dichotomy between the planning of an action and its on-line control in humans is reviewed. This evidence suggests that planning and control each serve a specialized purpose utilizing distinct visual representations. Evidence from behavioral studies suggests that planning is influenced by a large array of visual and cognitive information, whereas control is influenced solely by the spatial characteristics of the target, including such things as its size, shape, orientation, and so forth. Evidence from brain imaging and neuropsychology (...) suggests that planning and control are subserved by separate visual centers in the posterior parietal lobes, each constituting part of a larger network for planning and control. Planning appears to rely on phylogenetically newer regions in the inferior parietal lobe, along with the frontal lobes and basal ganglia, whereas control appears to rely on older regions in the superior parietal lobe, along with the cerebellum. Key Words: action; apraxia; control; illusions; optic ataxia; PET; planning; reaching;. (shrink)

I investigate the normative status of an unexamined category of emotions: ‘lyrical’ emotions about the transience of things. Lyrical emotions are often accused of sentimentality—a charge that expresses the idea that they are unfitting responses to their objects. However, when we test the merits of that charge using the standard model of emotion evaluation, a surprising problem emerges: it turns out that we cannot make normative distinctions between episodes of such feelings. Instead, it seems that lyrical emotions are always fitting. (...) Although this claim is counterintuitive, the price of denying it is to hold that such emotions are never fitting—an equally strange result. If this is correct, then the commonplace discourse of sentimentality surrounding lyrical emotions lacks normative moorings. (shrink)

By any metric, the twentieth century university was a successful institution. However, in the twenty-first century, ongoing neoliberal educational reform has been accompanied by a growing epistemological crisis in the meaning and value of the humanities and social sciences (HaSS). Concerns have been expressed in two main forms. The governors of tertiary education systems—governments, private investors, university managers and consultancy firms—have focused on how HaSS can adapt to the perceived research needs of the 21st century. At the same time, a (...) competing set of discourses has been generated by scholars and researchers employed within the critical HaSS themselves. This article considers what these differing perspectives mean for reconceptualising HaSS for the twenty-first century. After surveying the contemporary climate, this article examines the findings of key reports on the future of the humanities from the United States, the United Kingdom and Australia. Alongside those of Western Europe, these university systems are arguably the key drivers for the global university system. It is argued that these reports provide an opportunity for emerging universities to reflect on their research priorities and developmental strategies. The article concludes with some reflections on the wider consequences of the globalising of the university system, the increase of China's influence in Asia, and ponders the prospect of post-human/ist futures of the humanities. (shrink)

This commentary uses Paul Gilroy’s controversial claim that new technoscientific processes are instituting an ‘end to race’ as a provocation to discuss the epistemological transformation of race in algorithmic culture. We situate Gilroy’s provocation within the context of an abolitionist agenda against racial-thinking, underscoring the relationship between his post-race polemic and a post-visual discourse. We then discuss the challenges of studying race within regimes of computation, which rely on structures that are, for the most part, opaque; in particular, modes of (...) classification that operate through proxies and abstractions and that figure racialized bodies not as single, coherent subjects, but as shifting clusters of data. We argue that in this new regime, race emerges as an epiphenomenon of processes of classifying and sorting – what we call ‘racial formations as data formations’. This discussion is significant because it raises new theoretical, methodological and political questions for scholars of media and critical algorithmic studies. It asks: how are we supposed to think, to identify and to confront race and racialisation when they vanish into algorithmic systems that are beyond our perception? What becomes of racial formations in post-visual regimes? (shrink)