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  1. added 2019-01-19
    Migratorial Disobedience.Grant Joseph Silva - 2019 - RPA Mag.
    This short article lays the foundation for a theory of migratorial disobedience and explains how pro-border advocates fetishize immigration law.
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  2. added 2018-12-03
    Punishment and Democratic Rights: A Case Study in Non-Ideal Penal Theory.Steve Swartzer - 2018 - In Molly Gardner & Michael Weber (eds.), The Ethics of Policing and Imprisonment. pp. 7-37.
    In the United States, convicted offenders frequently lose the right to vote, at least temporarily. Drawing on the common observation that citizens of color lose democratic rights at disproportionately high rates, this chapter argues that this punishment is problematic in non-ideal societies because of the way in which it diminishes the political power of marginalized groups and threatens to reproduce patterns of domination and subordination, when they occur. This chapter then uses the case of penal disenfranchisement to illustrate how idealized (...)
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  3. added 2018-04-08
    Disparate Statistics.Kevin P. Tobia - 2017 - Yale Law Journal 126 (8):2382-2420.
    Statistical evidence is crucial throughout disparate impact’s three-stage analysis: during (1) the plaintiff’s prima facie demonstration of a policy’s disparate impact; (2) the defendant’s job-related business necessity defense of the discriminatory policy; and (3) the plaintiff’s demonstration of an alternative policy without the same discriminatory impact. The circuit courts are split on a vital question about the “practical significance” of statistics at Stage 1: Are “small” impacts legally insignificant? For example, is an employment policy that causes a one percent disparate (...)
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  4. added 2017-10-11
    Reasonable Mistakes and Regulative Norms: Racial Bias in Defensive Harm.Renée Jorgensen Bolinger - 2017 - Journal of Political Philosophy 25 (1):196-217.
    A regulative norm for permissible defense distinguishes the conditions under which we will hold defenders to be innocent of any wrongdoing from those in which we hold them responsible for assault or manslaughter. The norm must strike a fair balance between defenders' security, on the one hand, and other agents’ legitimate claim to live without fear of suffering mistaken defensive harm, on the other. Since agents must make defensive decisions under high pressure and on only partial information, they will sometimes (...)
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  5. added 2017-07-19
    Why the Comparative Utility Argument Is a Red Herring.Peter A. Sutton - 2017 - Journal of Social Philosophy 48 (4):499-506.
    The comparative utility argument holds that the descendants of African slaves in America are not owed any compensation because they have not been harmed by slavery. Rather, slavery in America was beneficial to the descendants of slaves because they are now able to live in a country that is considerably richer today than any of the African countries from which slaves were taken. In this paper, I show that the comparative utility argument is a red herring with no bearing whatsoever (...)
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  6. added 2016-12-08
    “[Un]Dazzled by the Ideal?”: Tully’s Politics and Humanism in Tragic Perspective.Bonnie Honig - 2011 - Political Theory 39 (1):138-144.
  7. added 2016-02-27
    Race, Capital Punishment, and the Cost of Murder.M. Cholbi - 2006 - Philosophical Studies 127 (2):255-282.
    Numerous studies indicate that racial minorities are both more likely to be executed for murder and that those who murder them are less likely to be executed than if they murder whites. Death penalty opponents have long attempted to use these studies to argue for a moratorium on capital punishment. Whatever the merits of such arguments, they overlook the fact that such discrimination alters the costs of murder; racial discrimination imposes higher costs on minorities for murdering through tougher sentences, and (...)
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  8. added 2015-10-19
    Hannah Arendt and the Negro Question.Grace Hunt - 2014 - Hypatia Reviews Online: A Journal of Feminist Philosophy.
    Kathryn Gines's book details Hannah Arendt 's racial and conceptual biases against Black people in the US and post-colonial Africa. Gines makes original and significant contributions to feminist philosophy by applying various feminist and anticolonial strategies, including standpoint theory and multidirectionality, to Arendt 's political essays and concepts. Feminist critiques of Arendt in general and racial critiques of "Reflections on Little Rock" in particular are not new; however, Hannah Arendt and the Negro Question offers a novel and comprehensive racial critique (...)
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  9. added 2015-09-30
    Procedural Justice and Affirmative Action.Kristina Meshelski - 2016 - Ethical Theory and Moral Practice 19 (2):425-443.
    There is widespread agreement among both supporters and opponents that affirmative action either must not violate any principle of equal opportunity or procedural justice, or if it does, it may do so only given current extenuating circumstances. Many believe that affirmative action is morally problematic, only justified to the extent that it brings us closer to the time when we will no longer need it. In other words, those that support affirmative action believe it is acceptable in nonideal theory, but (...)
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  10. added 2015-08-25
    Inmates, Education, and the Public Good: Deploying Catholic Social Thought to Deconstruct the Us‐Versus‐Them Dichotomy.Peter S. Dillard & Cynthia R. Nielsen - 2015 - Heythrop Journal 56 (5):769-777.
    Mass incarceration has become a flashpoint in a number of recent political and public policy debates. Consensus about how to balance the just punishment of offenders with the humanitarian goal of providing inmates with genuine opportunities for reconciliation, rehabilitation, and reintegration into society is lacking. Unfortunately, a dualistic “us-versus-them” narrative surrounding these issues has become entrenched, occluding fruitful dialogue and obscuring our ability to see the detrimental effects that our nation’s punitive turn has created. In this essay, we affirm the (...)
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  11. added 2014-08-25
    Commentary: Race and the Death Penalty.Anthony G. Amsterdam - 1988 - Criminal Justice Ethics 7 (1):2-86.
  12. added 2014-04-13
    Kant's Conception of Respect and African American Education Rights.Gregory Lewis Bynum - 2011 - Educational Theory 61 (1):17-40.
    Immanuel Kant envisioned a kind of respect in which one recognizes each human (1) as being not fully comprehensible by any human understanding, (2) as being an end in him- or herself, and (3) as being a potential source of moral law. In this essay, Gregory Lewis Bynum uses this conception of respect as a lens with which to examine African American education rights on three levels: the individual level (the level of individual persons' moral experience and moral significance), the (...)
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  13. added 2014-04-13
    Book Review:Collective Action and the Civil Rights Movement. Dennis Chong. [REVIEW]Bernard Boxill - 1993 - Ethics 103 (3):602-.
  14. added 2014-04-13
    Civil Rights and National Leadership: Eisenhower and Stevenson in the 1950's.Stuart Gerry Brown - 1959 - Ethics 70 (2):118-134.
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  15. added 2014-01-30
    Review Essay: An Odd Black Solidarity, Indeed: Tommie Shelby, We Who Are Dark: The Philosophical Foundations of Black Solidarity (Cambridge, Ma: Harvard University Press, 2005).Dwayne Tunstall - 2010 - Philosophy and Social Criticism 36 (1):111-122.
  16. added 2014-01-30
    Concerning the Underspecialization of Race Theory in American Philosophy: How the Exclusion of Black Sources Affects the Field.Tommy J. Curry - 2010 - The Pluralist 5 (1):44-64.
    Despite the recent rise in articles by American philosophers willing to deal with race, the sophistication of American philosophy's conceptualizations of American racism continues to lag behind other liberal arts fields committed to similar endeavors. Whereas other fields like American studies, history, sociology, and Black studies have found the foundational works of Black scholars essential to "truly" understanding the complexities of racism, American philosophy-driven by the refusal of white philosophers to acknowledge and incorporate the foundational works of Black scholars at (...)
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  17. added 2014-01-15
    The Fortune of Wells: Ida B. Wells-Barnett's Use of T. Thomas Fortune's Philosophy of Social Agitation as a Prolegomenon to Militant Civil Rights Activism. Curry - 2012 - Transactions of the Charles S. Peirce Society 48 (4):456-482.
    Jesus Christ may be regarded as the chief spirit of agitation and innovation. He himself declared, “I come not to bring peace, but a sword.” One cannot delve seriously into the centuries of activism and scholarship against racism, Jim Crowism, and the terrorism of lynching without encountering the legacies of Timothy Thomas Fortune and Ida B. Wells-Barnett. Black scholars from the 19th century to the present have been inspired by the sociological and economic works of Fortune and Wells. Scholars of (...)
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  18. added 2014-01-15
    A People's History of Philosophy: The Development and Ideological Segregation of Black Nationalism.Judith Colleen Bohr - unknown
    The primary objective of this thesis is to advocate for Black Nationalism's full inclusion in the academic field of political philosophy. By bringing the thinkers in the Black Nationalist tradition into this discourse, the field of philosophy stands to gain important insight into the prejudices and unexamined assumptions that plague academia. I will flesh out the nature of these assumptions using the works of Black Nationalists like Angela Davis, George Jackson and Joy James. This will show that reading Black Nationalists (...)
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  19. added 2013-11-04
    Treating People as Equals: Ethical Objections to Racial Profiling and the Composition of Juries. [REVIEW]Annabelle Lever - 2011 - The Journal of Ethics 15 (1-2):61 - 78.
    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 (...)
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  20. added 2013-04-18
    Intimations of Citizenship: Repressions and Expressions of Equal Citizenship in the Era of Jim CROW.James W. Fox Jr - unknown
    On first blush the Jim Crow Era may seem an odd place to locate anything meaningful about democratic, equal citizenship and the promise of the fourteenth amendment. This article argues to the contrary. The period of Jim Crow, in its negation of democratic citizenship, in fact reveals import aspects about the nature of democratic citizenship. This occurred in two ways. First, whites who implemented white supremacy implicitly understood that freedom and citizenship manifest themselves in a multiplicity of spheres, which is (...)
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  21. added 2011-03-23
    'Of Portuguese Origin': Litigating Identity and Citizenship Among the Little Races in Nineteenth-Century America.Ariela J. Gross - manuscript
    The history of race in the nineteenth-century United States is often told as a story of black and white in the South, and white and Indian in the West, with little attention to the intersection between black and Indian. This article explores the history of nineteenth-century America's little races - racially ambiguous communities of African, Indian, and European origin up and down the Eastern seaboard. These communities came under increasing pressure in the years leading up to the Civil War and (...)
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  22. added 2011-03-16
    Pragmatism and Black Identity: An Alternative Approach.Eddie Glaude - 2001 - Nepantla 2 (2):22.