Race and Justice

There are many commonalities between the goals of transitional justice and domestic redress movements. We look at the movement for reparations for enslavement and Jim Crow in the United States as an example of a domestic reparations movement, and argue for the usefulness of the concept of transitional justice. We are particularly interested in showing that a future democratic transition – the end of mass incarceration – could animate a renewed push for reparations and a formal investigation into America’s legacy (...) of racial injustice. (shrink)

Toward a Political Philosophy of Race, by Falguni Sheth, SUNY Press, 2009. Events involving the persecution of African‑Americans and other racial groups are normally thought to involve a pre-existing minority being singled out out for persecution. In Toward a Political Philosophy of Race, Falguni Sheth argues that this understanding gets the causal story backwards. In reality, a group that is perceived to pose a political threat has a racial identity imposed upon it by the state during episodes of oppression. On (...) Sheth's account, racial identity is the product of anxiety and panic on the part of the wider society. As she puts it, 'I distinguish between racial markers - skin type, phenotype, physical differences, and signifiers such as 'unruly' behaviors.' The former, in my argument, are not the ground of race, but the marks ascribed to a group that has already become (or is in on the way to becoming) outcasted." This review critically assesses Sheth's argument for her position and her accompanying critique of liberalism. (shrink)

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 (...) discussions of deterrence, rehabilitation, and retribution often ignore the relationship between punishment and social/political power, and thus systematically obscure morally significant aspects of our broader penal practices. (shrink)

My essay discusses the politics of anger from a phenomenological perspective. Philosophers such as Martha Nussbaum have examined the importance of emotions for achieving social justice. In Anger and Forgiveness, Nussbaum criticizes most forms of anger for including the desire to retaliate, but identifies a species of anger, “Transition-Anger,” which can motivate us to respond to wrongdoing. In a similar vein, I claim that anger can help the oppressed respond to their oppression. To defend this claim, I consider cases in (...) which anger motivates a response to racial prejudice. These cases depict situations in which a black man is confronted with the gaze of a white person. By contrasting the phenomenology of skillful and unskillful activity, I explain why the white gaze can provoke a sense of disorientation and physical incapacitation—what I call “bodily alienation”—in the black man. I argue that anger can wrest a black person from this alienation. This is because anger encourages action and provides blacks with insight into their oppression. My argument implies that anger is instrumentally valuable for resisting racism. As such, it can play a positive role in redressing its harms. Yet the cases of anger I describe are tainted with desires for retaliation, and do not map onto the ideal form of Transition-Anger Nussbaum prizes. Still, anger should not be dismissed altogether: if it can transform the experiences of the oppressed for the better, then there is a place for this emotion in combating injustices. (shrink)

In recent years, campaigns across the globe have called for the removal of objects symbolic of white supremacy. This paper examines the ethics of altering or removing such objects. Do these strategies sanitize history, destroy heritage and suppress freedom of speech? Or are they important steps towards justice? Does removing monuments and renaming schools reflect a lack of parity and unfairly erase local identities? Or can it sometimes be morally required, as an expression of respect for the memories of people (...) who endured past injustices; a recognition of this history's ongoing legacies; and a repudiation of unjust social hierarchies? (shrink)

In this chapter I attempt to provide a general overview of the philosophical literature on immigration from both an ethics of immigration and philosophy of race perspective. I then try to make the case that putting these two literatures into conversation would be fruitful. In particular, that it could provide an underappreciated argument for limiting the discretion states are normally thought to enjoy with respect to immigration.

Perez-Rodriguez and de la Fuente (2017) assume that although human races do not exist in a biological sense (“geneticists and evolutionary biologists generally agree that the division of humans into races/subspecies has no defensible scientific basis,” they exist only as “sociocultural constructions” and because of that maintain an illusory reality, for example, through “racialized” practices in medicine. Agreeing with the main postulates formulated in the article, we believe that the authors treat this problem in a superficial manner and have failed (...) to capture the current state of the field of knowledge in science and the humanities. In our commentary, we want to highlight two main omissions, and to notice three important implications for “a postracial medicine.”. (shrink)

For several years the authors have been working in Detroit with grassroots coalitions resisting Emergency Management. In this essay, we focus on how community groups in Detroit and Flint advanced common struggles for clean, safe, affordable water as a human right, particularly during the period of 2014 to 2016. We explore how, through a series of direct interventions – including public meetings and international gatherings, independent journalism and social media, community-based research projects, and citizen-led policy initiatives – these groups contributed (...) to challenging neoliberal governance, to undermining the legitimacy of state officials and their policies, and to shifting public consciousness around the human right to water. (shrink)

The practice of Emergency Management in Michigan raises anew the question of whose knowledge matters to whom and for what reasons, against the background of what projects, challenges, and systemic imperatives. In this paper, I offer a historical overview of state intervention laws across the United States, focusing specifically on Michigan’s Emergency Manager laws. I draw on recent analyses of these laws to develop an account of a phenomenon that I call epistemic redlining, which, I suggest, is a form of (...) group-based credibility discounting not readily countenanced by existing, ‘culprit-based’ accounts of epistemic injustice. I argue that epistemic redlining plays a crucial role in ongoing projects of racialized subordination and dispossession in Michigan, and that such discounting tends to have structural causes that can be difficult to identify and uproot. Contrary to the general thrust of recent work on the topic, I argue that epistemic redlining ought to be understood as a form of epistemic injustice. (shrink)

The War on Cops is a collection of previously-published essays by Heather Mac Donald, a public intellectual in the United States who belongs to the ‘small faction’ of secular conservatives (Mark Oppenheimer, “A Place on the Right for a Few Godless Conservatives”, New York Times, February 18, 2011). The essays are journalistic rather than academic, having appeared in the City Journal, National Review, New York Daily News, InsideSources, Wall Street Journal, and Weekly Standard, but the volume is nonetheless significant to (...) contemporary philosophers due to both its form and content. First, Mac Donald presents a logical argument for her position and makes explicit use of philosophical devices such as thought experiments. Second, this argument concerns the controversy surrounding the killing of African American males by police officers in the last three years and she provides the first sustained criticism of the rationale for the Black Lives Matter movement. (shrink)

To Protect and Serve is Norm Stamper’s second book, following Breaking Rank: A Top Cop’s Exposé of the Dark Side of American Policing (2005), and is a welcome contribution to the debate between those who advocate violence against the police and those who insist that no reform is necessary. Radley Balko’s The Rise of the Warrior Cop: The Militarization of America’s Police Forces (2013) inadvertently provided the context of the civil unrest in Ferguson ignited by the shooting of Michael Brown (...) in 2014 and the controversy surrounding the “Ferguson effect” provides the context for Stamper’s treatise on the problems faced – and caused – by contemporary U.S. law enforcement. Stamper is one of the few senior police officers singled out for praise by Balko, for the most part on the basis of his activism against police prejudice and militarisation subsequent to his retirement as Seattle’s police chief in 2000. (shrink)

For all the talk there has been lately about privilege, few have commented on the moral obligations that are associated with having privilege. Those who have commented haven't gone much beyond the idea that the privileged should be conscious of their privilege, should listen to those who don't have it. Here we want to go further, and build an account of the moral obligations of those with a particular kind of privilege: race privilege. In this paper we articulate an understanding (...) of race privilege, say how a person can know when she has it, and argue that a race-privileged person has obligations to offset her privilege. We make concrete suggestions for how she can, at least approximately, do this. We use particular racial group disparities in the United States as our running example throughout the paper, although our conclusions generalize. (shrink)

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 (...) it imposes lower costs on whites for murdering minorities by dispensing weaker sentences. These cost differentials constitute an injustice not simply to actual minority defendants in capital cases, nor simply to the actual minority victims of murder, but to all members of minority communities. I here offer two arguments for a moratorium on capital punishment: The first draws upon evidence of racial discrimination against minority defendants in capital cases, and claims that such discrimination modifies the costs of murder in such a way that minority individuals do not enjoy equal status under the law. The second draws upon the evidence regarding racial discrimination in relation to the race of victims, and claims that such discrimination modifies the costs of murder in such a way that minority individuals do not enjoy the equal protection of the law. Thus, by not assigning equal costs to murder, the American criminal justice system fails to provide racial minorities the equality under the law and discounts the value of their lives and liberties. A moratorium is the least unjust response to such a social injustice. I also reply to the criticism that a moratorium prevents us from executing deserving murderers. (shrink)

Without exception, everyone is called upon today to construct his/her patriotic identity as a response to the supreme imperative of our shared whiteness: ‘act as if the land were initially without owners’. For white Australia, this imperative is more primordial than the usual formulation of the call to patriotism: ‘be prepared to sacrifice yourself for your country’, since patriotic sacrifice presupposes that one already has a country to which one is devoted. The imperative of whiteness touches the depth of our (...) ontology since it is from this that the white collective springs as the creator of the white Australian nation-state. White Australians perpetually enter the world in so far as we faithfully obey the imperative to act as if the land were initially without owners and it is through this imperative that we cover over the question, ‘where do you come from?’, posed to us by the defiant resistance of Indigenous sovereign being. White Australia is therefore unavoidably implicated in the perpetuation of the nation that must act ‘as if …’ or what we call the ‘hypothetical nation. (shrink)

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 (...) insights of Wacquant, Clear, and other sociologists and introduce a theological narrative of solidarity and vulnerability that undermines the “us-versus-them” dichotomy and opens up a path for cultivating a “we” community. (shrink)

Western philosophy’s relationship with prisons stretches from Plato’s own incarceration to the modern era of mass incarceration. Philosophy Imprisoned: The Love of Wisdom in the Age of Mass Incarceration draws together a broad range of philosophical thinkers, from both inside and outside prison walls, in the United States and beyond, who draw on a variety of critical perspectives (including phenomenology, deconstruction, and feminist theory) and historical and contemporary figures in philosophy (including Kant, Hegel, Foucault, and Angela Davis) to think about (...) prisons in this new historical era. All of these contributors have experiences within prison walls: some are or have been incarcerated, some have taught or are teaching in prisons, and all have been students of both philosophy and the carceral system. The powerful testimonials and theoretical arguments are appropriate reading not only for philosophers and prison theorists generally, but also for prison reformers and abolitionists. (shrink)

Through examining Douglass's and Fanon's concrete experiences of oppression, Cynthia R. Nielsen demonstrates the empirical validity of Foucault's theoretical analyses concerning power, resistance, and subject-formation. Going beyond merely confirming Foucault's insights, Douglass and Fanon expand, strengthen, and offer correctives to the emancipatory dimensions of Foucault's project. Unlike Foucault, Douglass and Fanon were not hesitant to make transhistorical judgments condemning slavery and colonization. Foucault's reticence here signals a weakness in his account of human being. This weakness sets him at cross-purposes not (...) only with Scotus, but also with Douglass and Fanon. Scotus's anthropology provides a basis for transhistorical moral critique; thus he is a valuable dialogue partner for those concerned about social justice and human flourishing. (shrink)

Frantz Fanon offers a lucid account of his entrance into the white world where the weightiness of the ‘white gaze’ nearly crushed him. In chapter five of Black Skins, White Masks, he develops his historico-racial and epidermal racial schemata as correctives to Merleau-Ponty’s overly inclusive corporeal schema. Experientially aware of the reality of socially constructed (racialized) subjectivities, Fanon uses his schemata to explain the creation, maintenance, and eventual rigidification of white-scripted ‘blackness’. Through a re-telling of his own experiences of racism, (...) Fanon is able to show how a black person in a racialized context eventually internalizes the ‘white gaze’. In this essay I bring Fanon’s insights into conversation with Foucault’s discussion of panoptic surveillance. Although the internalization of the white narrative creates a situation in which external constraints are no longer needed, Fanon highlights both the historical contingency of ‘blackness’ and the ways in which the oppressed can re-narrate their subjectivities. Lastly, I discuss Fanon’s historically attuned ‘new humanism’, once again engaging Fanon and Foucault as dialogue partners. (shrink)

This essay explores the intersection of racism, racial embodiment theory and the recent hostility aimed at immigrants and foreigners in the United States, especially the targeting of people of Latin American descent and Latino/as. Anti-immigrant and anti-foreigner sentiment is racist. It is the embodiment of racial privilege for those who wield it and the materiality of racial difference for those it is used against. This manifestation of racial privilege and difference rests upon a redrawing of the color line that is (...) meant towards preserving exclusive categories of political membership. The charge of racism, however, is elided by the fact that this hostility takes the form of a specious embracement of law and lawfulness. “Illegal” in this sense not only captures the actions of those who enter the United States through clandestine or informal means, but, in light of the history of immigration and citizen- ship law, the term operates as a racial trope that designates non-white status, thus marginalizing and alienating certain immigrants from ongoing nation-formation processes. I explain the source for anti-immigrant hostility in the United States, which I take to be connected to the longevity of white normativity as the basis for American identity. I then critically assess how the idea of national belonging is crucial to the perpetuation of white-ways-of-being, especially when citizenship has historically been a venue for the embodiment of racial and even colonial privilege. I conclude by posing several questions about the nature of racial identities and racism that suggest new avenues for further research on racial embodiment in a “postracial” era. pp. 65–90. (shrink)

This year’s topic is “Genomics and Philosophy of Race.” Different researchers might work on distinct subsets of the six thematic clusters below, which are neither mutually exclusive nor collectively exhaustive: (1) Concepts of ‘Race’; (2) Mathematical Modeling of Human History and Population Structure; (3) Data and Technologies of Human Genomics; (4) Biological Reality of Race; (5) Racialized Selves in a Global Context; (6) Pragmatic Consequences of ‘Race Talk’ among Biologists.

I argue that a compelling way to articulate what is wrong with racial profiling in policing is to view racial profiling as a violation of the presumption of innocence. I discuss the communicative nature of the presumption of innocence as an expression of social trust and a protection against the social condemnation of being undeservingly investigated, prosecuted, and convicted for committing a crime. I argue that, given its communicative dimension, failures to extend the presumption of innocence are an expression of (...) disrespect. I take the New York Police Department’s stop-and-frisk policy as an example of racial profiling and argue that its use of race-based forms of suspicion as reasons for making stops is a violation of the presumption of innocence. I maintain that this systemic failure to extend the presumption of innocence to profiled groups reveals the essentially disrespectful nature of the NYPD policy. (shrink)

Abstract The leadership of the black community is concerned with welfare, with equality, with unemployment, with discrimination, with racism, with the pay gap, and with dozens of other such traditional issues. Oh, yes, they are also apprehensive about the use of addictive drugs. But, as we speak, young male members of this community are being incarcerated at frightful rates, and, even worse, are killing each other to boot. One would think that this latter issue would occupy the interest of black (...) leaders front and center. After all, there are few worse problems than being jailed or killed. The present paper is dedicated to making the case that the black leadership has its priorities all wrong; that if they were to exercise true leadership, they would see the jailing and murder of young black men as perhaps the greatest threat to their community; and, if so, they would fervently support the legalization of all drugs. (shrink)

The premise of this symposium is that the principle and ideal developed in Brown v. Board of Education2 and its successor cases lie at the heart of the rationale for affirmative action in higher education. The principle of the school desegregation cases is that racial segregation is an injustice that demands remediation. The ideal of the school desegregation cases is that racial integration is a positive good, without which “the dream of one Nation, indivisible”3 cannot be realized. Both the principle (...) and the ideal make racial integration a compelling interest. The Supreme Court recognized these claims in Grutter v. Bollinger. However, it failed to take full advantage of them. It thereby failed to answer crucial questions that must be answered by policies subject to strict scrutiny. In this essay, I shall display the links tying Grutter to Brown, discuss the vulnerabilities of Grut- ter in the absence of an explicit grounding in Brown, and demonstrate how the affirmative action policy upheld in Grutter, when explicitly grounded in Brown, survives strict scrutiny. To understand this argument, it is helpful first to explain the integrationist perspective that underlies it. (shrink)

I argue that race -- the European Spectre of the title -- has received insufficient attention within Marxist theory. Liberal and Marxist accounts of modernity differ on various points, but agree in characterizing modern society/capitalism as marked by the collapse of ancient and medieval status distinctions and the corresponding emergence of moral and juridical egalitarianism. But this basically Eurocentric narrative ignores the new system of ascriptive hierarchy established by European expansionism: white supremacy. Particularly in the United States, I suggest, race (...) has been the primary social division, in that racial identity has generally trumped other kinds of group identity. Ironically, then, the Marxist model works better for race than class, and if the concept of a bourgeois revolution is expanded to mean the overturning of ascriptive hierarchy of all kinds, it has yet to be fully carried out. (shrink)

This review essay considers three prominent recent works in the philosophy of race: Mills's The Racial Contract, Outlaw's On Race and Philosophy, and McGary's Race and Social Justice. Each of these books has played an important role in convincing social and political philosophers to take race more seriously as a category for theoretical analysis rather than simply as a subject related to certain applied moral and political problems such as affirmative action. Each of these works also wrestles with the question (...) of whether the dominant theoretical traditions in modern Western political philosophy, and particularly liberalism, are capable of addressing the wide range of forms of social injustice that are linked to racism. The author indicates a number of differences between the books' approaches and argues that the conclusions at which they arrive are subject to different shortcomings. The author also shows that all three books raise sharp challenges to the liberal tradition at the same time that they remain ambivalent about the risks of departing altogether from that tradition. Key Words: justice • liberalism • modernity • race. (shrink)

For several decades, Ronald Dworkinhas been one of the most prominent voicesdefending the legality and justifiability ofrace-conscious programs aimed at undoing thecontinuing effects of prejudice. Writingwithin the framework of a liberal legalphilosophy, he has formulated powerfularguments against the view that color-blindpolicies are the only defensible ones. Nonetheless, I argue that a more completeliberal defense of race-conscious policieswould need to develop and modify Dworkin''s lineof argument. Such a defense would go beyondhis policy-based arguments and incorporatearguments of principle. Race-conscious policiesdo not only (...) promote the general good; they arealso required in order to help realize theconstitutional right of equal citizenship. (shrink)

Abstract: Philosophers who have addressed the problems of enduring racial injustice have been suspicious of the role played by ideal theory in ethics and political philosophy generally, and in contemporary liberal political philosophy in particular. The theoretical marginalization of race in the work of Rawls has led some to charge that ideal theory is at the very least unhelpful in understanding one of the most significant forms of contemporary injustice, and is at worst ideological in the pejorative sense. To explore (...) these concerns, I formulate five related criticisms of ideal theory and examine each as it would be applied to Rawls's political philosophy. My thesis is that the strongest criticisms—namely, that ideal theory is essentially ideological and cannot provide adequate grounds for justifying race-conscious, equality-securing measures—ultimately miss the mark. But other criticisms of ideal theory are more plausible, and most plausibly directed to an area of Rawls's thought often ignored in discussions of liberalism and race, namely, his account of citizenship and public reasoning. (shrink)

I argue that standard explanations of Du Bois' theory of race inappropriately characterize his view as attempting to provide descriptive criteria for races. Such an interpretation makes it both susceptible to Appiah's circularity objection and alienates it from Du Bois' central project of solidarity—which is the central point of “Conservation.” I propose that we should understand his theory as providing a normative account of race: an attempt to characterize what some races should be in terms of what other races are. (...) In providing such an account I will also show how my interpretation of Du Bois' criteria avoids the circularity objection by making the criteria central to the project of solidarity. Thus, this interpretation avoids what I take to be the two main problems with standard descriptive explanations of Du Bois' criteria. (shrink)

The unchanging realities of race relations in the United States, recently highlighted by the catastrophe of Hurricane Katrina, demonstrate that Black Americans are still not viewed, treated or protected as citizens in this country. The rates of poverty, disease and incarceration in Black communities have been recognized by some Critical Race Theorists as genocidal acts. Despite the appeal to the international community’s interpretation of human rights, Blacks are still the most impoverished and lethally targeted group in America. Given the “white (...) racial framing” that stems from “white habitus,” and enforced systemically, the situation of Black Americans is best described through a racial realist perspective, in which racial equality is merely an illusion. Under such dire colonial circumstances, I argue that there should be a renewed discussion on the role that violence and decolonization can play in the American context. (shrink)

In this accessible introduction for students, teachers, and activists, Chad Kautzer guides readers through the dynamic field of radical philosophy. Kautzer s innovative approach is to organize the analysis of radical philosophical projects from Marxism, feminism, and queer theory to radical environmental, race, and political theory around their defining methodological commitments and emancipatory goals. Beginning with a discussion of the historical, dialectical, and reflexive forms of critique these projects employ, Radical Philosophy reveals the internal structure and overlapping similarities of particular (...) philosophical projects discussed in subsequent chapters. The result is a coherent and systematic introduction for beginners and specialists alike. (shrink)