Discrimination

Journal of Social Philosophy, EarlyView.

Discriminatory attitudes towards Muslim refugees are common in liberal democracies, and Muslim citizens of these countries experience high rates of discrimination and social exclusion. Uniting these two facts is the well-known phenomenon of Islamophobia. But the implications of overlapping discrimination against citizens and non-citizens have not been given sustained attention in the ethics of immigration literature. In this paper, I argue that liberal societies have not only duties to discontinue refugee policies that discriminate against social groups like Muslims, but remedial (...) duties to citizens who are in these social groups to adopt a more welcoming stance towards the groups that they are in. Further, I argue that a fitting way of adopting this more welcoming stance is to give refugees in these groups preferential treatment in asylum and resettlement. (shrink)

I claim that hate speech is actually antithetical to free speech. Nevertheless, this claim invokes the misconception that one would be jeopardizing free speech due to a phenomenon known as "false polarization" – a “tendency for disputants to overestimate the extent to which they disagree about whatever contested question is at hand.” The real polarity does not lie between hate speech (as protected free speech) vs. censorship. Rather, hate speech is censorship. It is the censorship of entire sectors of the (...) population, a violation of their right to be heard, and at worse, an incitement to their extinction. The liberal attempt to try to fit the metaphorical round peg of hate speech into the square hole of free speech is impossible without revealing one’s reluctance to endow people of color, the LGBTQ community, women, and other socially oppressed groups as equal and deserving of full human dignity. I start by providing a clear definition of "hate speech", then I remind the reader of the original/historical political intent of the freedom of expression, and finally I illuminate the very real physical, psychological and social consequences of hate speech. (shrink)

Do LGBT+ persons have a moral duty of some form to resist heterosexist oppression by refusing to “cover” (i.e., “to ‘disattend,’ or tone down, their (despised) sexuality in an effort to fit into and be accepted by the mainstream” (Ghosh 2018, 273))? Writing in response to Kenji Yoshino (Yoshino 2002 and 2006), Cyril Ghosh argues that such a duty would itself be oppressive. In this reply to Ghosh’s new book, I wish to argue that while Ghosh demonstrates that Yoshino’s critique (...) of covering suffers some serious defects, his arguments leave open the possibility of a defense of a qualified moral duty on the part of LGBT+ persons to refrain from covering. (shrink)

In this paper I develop a systemic discrimination approach to defining a narrowly construed category of ‘hate speech’, as speech that harms to a sufficient degree to warrant government regulation. This is important due to the lack of definitional clarity, and the extraordinarily wide usage, of the term. This article extends current literature on how hate speech can harm by identifying under what circumstances speakers have the capacity to harm, and under what circumstances targets are vulnerable to harm. It also (...) shows how the capacity to harm can be mobile and involve the construction of new targets. Finally, it bridges the gap between conceptual understandings of hate speech and policy designed to regulate it. (shrink)

Journal of Social Philosophy, EarlyView.

This article explains how 19th-century radical republicans answered the following question: how is it possible to be free in a social order that fosters economic dependence on others? I focus on th...

Hannah Arendt’s account of imperialism has become an unlikely source of inspiration for scholars invested in anti-colonial and postcolonial critique. However, the role of settler colonialism in her thought has come under far less scrutiny. This essay reconstructs Arendt’s account of settler-colonization. It argues that Arendt’s republican analysis of imperialism hinges on her notion of the boomerang effect, which is absent in settler-colonial contexts. Arendt recognized some of the distinctive features of settler expansionism but reproduced many of the ideologies that (...) sustain practices of settler-colonial conquest. This interpretation sheds light on the promises and limits of contemporary retrievals of Arendt’s analysis and critique of imperialism by foregrounding the specificity of settler colonialism as an axis of ongoing colonial violence. (shrink)

Journal of Social Philosophy, EarlyView.

We map the recently proposed notions of algorithmic fairness to economic models of Equality of opportunity (EOP)---an extensively studied ideal of fairness in political philosophy. We formally show that through our conceptual mapping, many existing definition of algorithmic fairness, such as predictive value parity and equality of odds, can be interpreted as special cases of EOP. In this respect, our work serves as a unifying moral framework for understanding existing notions of algorithmic fairness. Most importantly, this framework allows us to (...) explicitly spell out the moral assumptions underlying each notion of fairness, and interpret recent fairness impossibility results in a new light. Last but not least and inspired by luck egalitarian models of EOP, we propose a new family of measures for algorithmic fairness. We illustrate our proposal empirically and show that employing a measure of algorithmic (un)fairness when its underlying moral assumptions are not satisfied, can have devastating consequences for the disadvantaged group's welfare. (shrink)

There is now an awakening to and recognition of the emotionally complex lives of some non-human animals. While their forms of consciousness may vary, some are indeed conscious and deserve political consideration. What that political consideration ought to be is the central topic of this article. First, I argue that interspecies justice must be understood in terms of the relationships that foster individual flourishing of all concerned. The obstacles to such flourishing are the five faces of oppression famously identified by (...) Iris Marion Young: exploitation, marginalization, powerlessness, cultural imperialism, and violence. By extending Young’s concept of the social group to intra- and interspecies groups, we become more attuned to differences between and among species. Theorizing the existence of interspecies groups brings forward new avenues to explore oppression and simultaneously theorize its opposite – interspecies justice. Second, I argue that a positive theory of interspecies flourishing can be developed on the basis of Marx’s materialist philosophy and reclamation of species-being. Though Marx uses humanist language throughout the Economic and Philosophic Manuscripts of 1844, attention to his methodological commitments reveals that some non-human animals can no longer be excluded from the capability of flourishing and species-being. Some non-human animals are conscious, act purposefully, and labor creatively and must be included in our circle of moral and political concern. (shrink)

This essay argues that the systemic turn in deliberative democracy has opened up avenues to think about disabled citizenship within discursive processes. I highlight the systemic turn’s recognition of the interdependence of individuals and institutions upon each other in a system as key to this project. This recognition has led to three transformations: a more generous account of deliberative speech acts and behaviors; recognition of the role of enclaves; and incorporating the role of discursive representatives. These changes normalize the participation (...) of cognitively disabled individuals and suggest institutional opportunities for more effective participation. (shrink)

Journal of Social Philosophy, EarlyView.

Dignity may just be the most promiscuous normative abstraction. This article, informed by dignity’s historical variability, political theoretic multipurpose, and conflicting jurisprudence, focuses on a particular but influential invocation of the term: dignity as the normative ground for the ‘capabilities approach’ model of social justice. We ask whether or not the CA, in particular the influential version propounded by philosopher Martha Nussbaum, requires dignity as its foundational premise, and whether or not dignity may be more costly than beneficial for the (...) CA’s vision of a minimally just society. The first section of this article rehearses the warrants of and criticisms against the dignity-basis of Nussbaum’s CA. We canvass the relatively sparse scholarship on dignity within the CA to situate our contribution. The next two sections are case studies, demonstrating dignity’s shortcomings for assessing and regulating sex and abortion, respectively. The fourth section rebuts two possible objections to our criticisms of dignity. The fifth and final section gestures toward another normative abstraction, ‘minimum conditions of individuation’, less polysemic than dignity, which might alternatively ground the CA. (shrink)

Longevity is valuable. Most of us would agree that it’s bad to die when you could go on living, and death’s badness has to do with the value your life would have if it continued. Most of us would also agree that it’s bad if life expectancy in a country is low, it’s bad if there is high infant mortality and it’s bad if there is a wide mortality gap between different groups in a population. But how can we make (...) such judgments more precise? How should we evaluate the harm of mortality in a population? Although philosophers have written a lot about the harm of death for individuals, very little work has been done on the harm of mortality for populations. In this article, I take the first steps towards developing a theory of the harm of population mortality. Even these first steps, I argue, lead to surprising results. (shrink)

Journal of Social Philosophy, EarlyView.

Evânia Reich presents the argument that the veil laws in France—the banning of the full-face coverings in public and the banning of the headscarf in public schools—are consistent with the emancipatory project of French Laïcité. According to this argument, the veils that Muslim women wear are symbols of their oppression, whereas French education seeks to liberate each individual and Laïcité serves as a bulwark against the creeping oppressive influence of religion. Unveiling Muslim women, then, is an act of emancipation. In (...) this essay, I argue that the view of French secularism as an emancipatory project to free women of the oppressive mechanism of the veil is an example of what Marilyn Frye calls the “arrogant eye.” In this essay, I offer an alternative approach on the veil following Frye’s notion of the “loving eye.”. (shrink)

Journal of Social Philosophy, EarlyView.

This article identifies five genres of anti-queer hate speech found in The Australian’s Facebook comments sections, exposing and analyzing the ways in which such comments are used to derogate cisgender and heterosexual women. One may be tempted to think of cis-het women as third-party victims of queerphobia; however, this article argues that these genres of anti-queer speech are, in fact, misogynistic. Specifically, it argues that these are instances of cis-hetero-misogynistic hate speech. Cis-hetero-misogyny functions as the “law enforcement branch” of a (...) cis-hetero-patriarchal gender order. Given the existence of such an order, it is clear that cis-het women’s liberation is inextricable from queer liberation. This article argues that to facilitate allyship and challenge this gender order—the order that elicits such hate speech acts—we need an epistemological revolution in the way we recognize and re-cognize human difference. (shrink)