Racial Discrimination

In this paper, I draw attention to two problems that Milan Kundera’s The Book of Laughter and Forgetting faces. I propose that a single word change can solve both.

Which moral judgments should one pay attention to in building a moral philosophy? Thomas Kelly and Sarah McGrath object to John Rawls’s suggestion to not rely on judgments heavily bound up with one’s own interests. I propose a solution in response to the objection.

In Faces of Inequality: A Theory of Wrongful Discrimination, Sophia Moreau embarks on a classic philosophical journey. It’s what philosophers nowadays call an explanatory project. The goal of explanatory projects is to deepen our understanding of wrongful actions and what they share in common. In this review essay, I argue that Moreau’s book embodies a valuable explanatory project and contribution to discrimination theory that ought to be on the radar of lawyers, legal theorists, and philosophers. After sketching the book’s arguments, (...) I explain why they are so refreshing. The remainder of the essay proceeds in a more critical mode. First, I argue that book’s explanatory aspirations fall short, and I sketch a framework for a more radically pluralistic theory of wrongful discrimination. This framework has the power to embrace Moreau’s compelling view that discrimination wrongs people by failing to treat them as equals while also recognizing a rich array of other discriminatory wrongs found in lived experience. Second, I argue that Faces of Inequality will disappoint readers looking for a truly inclusive account of wrongful discrimination. I end by emphasizing the book’s contribution to political philosophy and its ambition to provide a truly liberatory theory of what we owe to each other as moral and political equals. (shrink)

People often discriminate based on negative or positive stereotypes about others. Important examples of this are highlighted by the theory of ambivalent sexism. This theory distinguishes sexist stereotypes that are negative (hostile sexism) from those that are positive (benevolent sexism). While both forms of sexism are considered wrong towards women, hostile sexism seems intuitively worse than benevolent sexism. In this article, we ask whether the difference between discriminating based on positive vs. negative stereotypes in itself makes a morally relevant difference. (...) We suggest that it does not. By examining a number of prominent accounts of what makes discrimination wrong, we defend the Moral Irrelevance View according to which stereotype valence is irrelevant to the moral evaluation of discrimination, all else equal. (shrink)

Despite Spinoza’s prominence in Joyce’s Ulysses, almost nothing in the Joyce Industry’s hundred years has been written about him. My first section reviews three exceptions to this trend, which view the character Leopold Bloom as modeled on Spinoza’s (1) life, (2) redefinition of prophecy, and (3) the “attribute” of thought thinking thought. My second section follows a fourth Joycean to the Marxist Antonio Negri’s essay on Spinozist freedom and Joyce, from which I derive a fourth figure of Bloom as (4) (...) a liberating prosthesis for infinite democracy. And my final section applies my previous interpretation of Spinoza’s “intuition” as poetry to Ulysses, interpreted as an epic prose poem where Joyce as a Spinozist God poly-conjugationally persecutes a poly-subjugated Bloom, including with pervasive antisemitism, thus making Ulysses more satirical Inferno than happy Divine Comedy. However, strategically channeling Spinoza and his philosophy more powerfully into Bloom renders him an ethically-politically Stoic hero, defiantly prophesizing a democratization of Joycean conjugation, from persecuting poly-subjugated Others to joyful self-conjugating in search of radical democracy and just peace. (shrink)

Racial discrimination is a multidimensional concept. Yet, subjective measures of racial discrimination focus on particular dimensions (interpersonal over institutional, attributable over ambiguously attributable). I argue that there is path dependence in the development and validation of subjective measures, such that existing scales prevent the development of scales that are better for some purpose. Path dependence can occur when researchers: (1) adopt a coherentist view of measurement, namely, in iteratively refining constructs and measures and (2) employ current psychometric validation practices. The (...) main takeaway is that norms are needed to evaluate the initial refinement of the construct rather than taking it for granted. (shrink)

Some policies are paternalistic and discriminatory at the same time (e.g., certain benevolent sexist policies). Such policies constitute an interesting, yet somewhat overlooked, category. We scrutinize what paternalistic discrimination is and account for its wrongness. First, we argue that paternalistic discrimination is pro tanto wrong because it is disrespectful. The disrespect consists in the selective negligence or denial of some people’s moral power over their own good. This applies even if the policies and actions in question benefit those interfered with. (...) Second, we show that paternalistic discrimination gives rise to a dilemma in situations where different social groups face different risks. In such situations, a choice must be made between (i) protecting people equally and (ii) respecting people's moral power over their own good equally. Finally, we show that paternalistic discrimination in certain cases shows a lack of respect for the moral worth of the persons who are not the target of the policies. (shrink)

In “Racial Prejudice and Friction,” John Dewey writes: “Too often we try to discuss race prejudice morally before we have dealt with it scientifically. That is, we justify or condemn it before we understand it.” Dewey’s remark applies well to contemporary work on the epistemology of prejudiced belief, in which there are dueling tendencies either to condemn or to justify these beliefs without sufficient care. In this dissertation, I chart a middle path between these extremes. I first critique Amia Srinivasan’s (...) radical epistemology, according to which judgments about the epistemic status of morally and politically problematic beliefs should be guided by considerations of moral and political utility. I argue instead that we must uphold the priority of the epistemic, keeping separate epistemic evaluations of problematic beliefs and concerns about the utility of our epistemological judgments. I then examine the role of testimony in the formation of prejudiced belief. I defend testimonial reductionism, which holds that hearers must have sufficient positive reasons to regard speakers as trustworthy in order to be justified in believing what they say. I then argue that while prejudiced testimonial beliefs can be epistemically justified, this is true most often when these beliefs are formed in highly isolated and evidentially impoverished environments. Most prejudiced agents in societies like our own, however, are not in such dire epistemic straits. So, although perhaps not all prejudiced beliefs are epistemically unjustified, there is prima facie reason to regard such beliefs with suspicion. Finally, I discuss prejudiced beliefs based on biased perceptual experiences, disputing Susanna Siegel’s position that biased experiences can be irrational and, when they are, this irrationality transmits to beliefs formed on their basis. Drawing on Anil Gupta’s Conscious Experience, I present a coherentist account on which the epistemic status of an agent’s perceptual beliefs depends on the epistemic status of her antecedent view that in part gives rise to her experiences. I then apply this to prejudiced beliefs based on biased experiences that result from prejudiced antecedent views, concluding that in a restricted range of cases agents can be epistemically rational in forming these beliefs. (shrink)

“Excited Delirium Syndrome” (ExDS) is a controversial diagnosis. The supposed syndrome is sometimes considered to be a potential cause of death. However, it has been argued that its sole purpose is to cover up excessive police violence because it is mainly used to explain deaths of individuals in custody. In this paper, we examine the epistemic conditions giving rise to the controversial diagnosis by discussing the relation between causal hypotheses, evidence, and data in forensic medicine. We argue that the practitioners’ (...) social context affects causal inquiry through background assumptions that enter inquiry at multiple stages. This analysis serves to better understand the wide usage of the controversial diagnosis of ExDS. (shrink)

In this paper, we draw on Alfred Schutz’s theoretical framework to better understand how oppression is enacted through discriminatory acts. By closely examining the role of typifications and relevances in our experience of others, and by supplementing this analysis with contemporary social scientific resources, we argue that a Schutzian perspective on oppression yields important phenomenological insights. We do this in three key steps. Firstly, we contextualise Equality and the Meaning Structure of the Social World within Schutz’s broader body of work, (...) elucidating his central conditions of discrimination. Secondly, we highlight the limitations of Schutz’s account, in how it fails to capture more peripheral, subtle, and implicit oppressive practices. Finally, we introduce two underexplored insights derived from Schutz’s framework: the role of relevances in understanding the motivational underpinnings of implicit biases, and the connection between self-typification and stereotype threat. With this multidimensional approach, we hope to enhance our understanding of oppression whilst bridging gaps in Schutz’s original conceptualization. (shrink)

This paper argues that the concept and role of ‘institutional racism’ in contemporary discussions of race should be reconsidered. It starts by distinguishing between ‘intrinsic institutional racism’, which holds that institutions are racist in virtue of their constitutive features, and ‘extrinsic institutional racism’, which holds that institutions are racist in virtue of their negative effects. It accepts intrinsic institutional racism, but argues that a ‘disparate impact’ conception of extrinsic conception faces a number of objections, the most serious being that it (...) has no plausible account of what it is that makes extrinsically racist institutions racist. It also argues that claims about the explanatory indispensability of institutional racism are overstated (individual racism is at least as important), critiques structural approaches to racial inequality, and suggests that there is reason to doubt whether institutional reform can provide us with all that morality may require in the racial domain. (shrink)

According to theoretical work on epistemic injustice, baseless discrediting of the knowledge of people with marginalized social identities is a central driver of prejudice and discrimination. Discrediting of knowledge may sometimes be subtle, but it is pernicious, inducing chronic stress and coping strategies such as emotional avoidance. In this research, we sought to deepen the understanding of epistemic injustice’s impact by examining emotional responses to being discredited and assessing if marginalized social group membership predicts these responses. We conducted a novel (...) series of three experiments (Total N = 1690) in which participants (1) shared their factual knowledge about how a game worked or their personal feelings about the game; (2) received discrediting feedback (invalidating remarks), validating feedback (affirming remarks), or insulting feedback (general negative social evaluation); and then (3) reported their affect. In all three studies, on average, affective responses to discrediting feedback were less negative than to insulting feedback, and more negative than to validating feedback. Participants who shared their knowledge reported more negative affect after discrediting feedback than participants who shared their feelings. There were consistent individual differences, including a twice-replicated finding of reduced negative affect after receiving discrediting and insulting feedback for Black men compared to White men and women and Black women. Black men’s race-based traumatic symptom scores predicted their affective responses to discrediting and insulting feedback, suggesting that experience with discrimination contributed to the emotional processing of a key aspect of epistemic injustice: remarks conveying baseless discrediting of knowledge. (shrink)

In our reply to critiques of our GLP-1 receptor agonist allocation framework, we explain that using potential years of life lost (PYLL) as a metric addresses racial health disparities without explicitly allocating resources based on race. This approach is "racism-conscious" and has legal and ethical challenges over race-based approaches. Meanwhile, though acknowledging the importance of cardiovascular risk assessment, we maintain in response to other interlocutors that focusing solely on immediate risk would ignore the broader goal of mitigating disadvantage. We emphasize (...) that our framework balances multiple ethical objectives beyond just maximizing medical benefits. (shrink)

There is a theorem that shows that it is impossible for an algorithm to jointly satisfy the statistical fairness criteria of Calibration and Equalized Odds non-trivially. But what about the recently advocated alternative to Calibration, Base Rate Tracking? Here we show that Base Rate Tracking is strictly weaker than Calibration, and then take up the question of whether it is possible to jointly satisfy Base Rate Tracking and Equalized Odds in non-trivial scenarios. We show that it is not, thereby establishing (...) an even more general impossibility theorem. (shrink)

Just Shelter: Gentrification, Integration, Race, and Reconstruction is a work of political philosophy that examines the core injustices of the contemporary U.S. housing crisis and its relation to enduring racial injustices. It posits that what is required to achieve justice in social-spatial arrangements—what is otherwise called “spatial justice”—is to prioritize, in the crafting and enforcement of housing policy, individual moral equality and liberty; distributive justice; equal citizenship; and, due to history and continuing practice and effects of racial discrimination in housing (...) policy and the housing market in the United States, corrective justice in the form of rectification programs to address the history of racism in housing policy that should be implemented by local, state, and federal governments. To arrive at and illustrate this conclusion, it investigates aspects of the housing crisis closely related to the history of American racial injustice, such as gentrification, segregation, desegregation, integration, and, to a lesser extent, homelessness, and offers liberal reform gestures toward a broad view of reconstructive justice. (shrink)

Mary Kate McGowan’s Just Words offers an interesting account of exercitives. On McGowan’s view, one of the things we do with words is change what’s permitted, and we do this ubiquitously, without any special authority or specific intention. McGowan’s account of exercitives is meant to identify a mechanism by which ordinary speech is harmful, and which justifies the regulation of such speech. It is here that I part ways. I make three main arguments. First, McGowan’s focus on harm is misguided; (...) that ordinary speech is harmful is harder to support, and in turn does not less to support conclusions about whether it is wrong and warrants regulation, than Just Words suggests. Second, if the speech is harmful, McGowan’s account of exercitives is ill-suited to explain why; the relevant instances of ordinary speech seem to express speakers’ views about moral norms, not change social norms. Third, McGowan’s argument for why ordinary speech should be regulated because it is a form of discrimination presupposes a great deal that is controversial about what makes discrimination wrong and legally actionable, and even if it is right it may license the regulation of more speech than many, including McGowan, would deem acceptable. (shrink)

Political egalitarians hold that there is a distinct ideal of political equality, which defines and justifies democracy. So what is political equality? The orthodox view says it is equality of opportunity for political influence, not equality of political influence. The first goal of this article is to argue against this view about the nature of political equality. From 1962 to 1983, Australia’s First Nations citizens had the right to vote, but unlike other citizens they did not have the duty to (...) vote. First Nations citizens were made politically unequal without being given any less opportunity for influence; the most plausible explanation for why they were made politically unequal is instead that they were made to exert less influence. The second goal is to use this challenge to illuminate the point of political equality. The orthodox view is typically undergirded by taking political equality to be concerned with some cosmic injustice that inheres in states of affairs, depending on the distribution of power. This is doubly mistaken. The point of political equality is deontic, not telic; and what it prescribes is not distributive, but relational. More specifically, the point of political equality is for the state to treat each citizen as an equal coauthor of the law. The overarching goal is to catalyze a more vigorous debate about political equality, akin to the long-standing debates about other dimensions of equality. (shrink)

Many P4/WC practitioners and theorists privilege the school as a space for thinking and practicing philosophy for/with children. Despite its coercive nature, thinkers such as Jana Mohr Lone, David Kennedy, and Nancy Vansieleghem argue that P4C is a Trojan horse intended to reform the education system from within. I argue, however, that the Trojan horse argument requires us to internalize an incomplete and historically decontextualized understanding of public schools that in turn can reify histories of white supremacy within our CPIs (...) – a consequence that can be particularly harmful when practicing P4C with minority youth. To accurately adjudicate the value of public school classrooms for P4C – especially for those CPIs whose members are primarily Black, Latinx, Indigenous, or other youth of color — I contextualize the Trojan horse argument in the history of race and education in the United States. Through this historical analysis, I conclude that the reformist position becomes increasingly more untenable and that the material history of race and education in fact supports a pessimistic understanding of P4C in education. I end by reflecting on P4C’s need to rethink its privileging of schools as a primary site for philosophical inquiry and caution practitioners against using “social progress” as a justification for how and where they practice their craft. Instead, I encourage them to rethink how and where they practice P4C, based on the local historical and material conditions of the participants. (shrink)

Purpose: The millennia long struggles of various oppressed groups have over time illuminated widespread social injustices, organically leading to the recognition of yet further injustices captured by the umbrella of discriminatory isms, such as racism, sexism, classism, ableism, anti-Semitism, ageism, heterosexism, and many others. In recent years, the debate has become increasingly fierce, polarized, and even physically violent. -/- Approach: One of the premises of the present work is that in part, the aforementioned unconstructive behaviours are a result of the (...) different understandings of what constitutes an ism and the lack of a thoughtful consideration of this issue in the mainstream social debate as much as in the academic literature. -/- Findings: I present evidence for this, and critique the dominant lines of thought in this realm showing them all to fall short of both the fundamental philosophical as well practical desiderata in how isms ought to be understood. -/- Originality: I propose an alternative which does not suffer from the same weakness: one based on the denial of equivalence of sentience. I show how the adoption of this understanding leads to constructive ways of addressing isms effected injustice. (shrink)

ABSTRACT Rima Basu and I have offered separate accounts of wokeness as an anti-racist ethical concept. Our accounts endorse controversial doctrines in epistemology: doxastic wronging, doxastic voluntarism, and moral encroachment. Many philosophers deny these three views, favoring instead some ordinary standards for epistemic justification. I call this denial the standard view. In this paper, I offer an account of wokeness that is consistent with the standard view. I argue that wokeness is best understood as ‘group epistemic partiality’. The woke person (...) does extra epistemic work before forming a negative belief about a member of an oppressed social group. Just as we do extra epistemic work when forming belief about our friends, so the woke person does for members of oppressed social groups. I first outline the account. I then raise questions about the scope of wokeness and belief formation. After this, I demonstrate that the group partiality view is consistent with the standard view in epistemology. The partiality view, therefore, should appeal to epistemologists who have adopted the standard view because it is consistent with ordinary standards of justification. I conclude that wokeness as a concept in epistemology should not be controversial for those who endorse the standard view. (shrink)

Recent philosophical accounts of discrimination face challenges in accommodating robust intuitions about the particular way in which it is wrongful—most prominently, the intuition that discriminatory actions intrinsically violate equality irrespective of their contingent consequences. The paper suggests that we understand the normative structure of discrimination in a way that is different from the one implicitly assumed by these accounts. It argues that core discriminatory wrongs—such as segregation in Apartheid South Africa—divide into two types, corresponding to violations of relational and distributive (...) equality; and that a pluralistic view of the internal structure of each type should be adopted. This normative structure serves to appropriately vindicate the mentioned intuitions; it also contributes to clarifying the normative underpinnings of legal concepts associated with discrimination (including the distinctions between direct and indirect, or ‘disparate treatment/impact’ discrimination, and intentional vs. unintentional discrimination), and developing a more productive public discourse around allegations of discrimination. (shrink)

Work on the conceptual amelioration of race concepts is usually negative or critical: it uncovers social features that contribute to racial hierarchies. Much less focus has been placed on how ameliorative accounts contribute to positive change. Using an account of race developed by Steve Biko during South African apartheid, I will argue that we can extract a novel account of positive amelioration in which racial categories can have normative or aspirational force, contributing to positive change.

In this paper, we discuss the processes of racialisation on the example of biomedical research. We argue that applying the concept of racialisation in biomedical research can be much more precise, informative and suitable than currently used categories, such as race and ethnicity. For this purpose, we construct a model of the different processes affecting and co-shaping the racialisation of an individual, and consider these in relation to biomedical research, particularly to studies on hypertension. We finish with a discussion on (...) the potential application of our proposition to institutional guidelines on the use of racial categories in biomedical research. (shrink)

This article argues that blacks should reject integration on self-protective and solidarity grounds. It distinguishes two aspects of black devaluation: a ‘stigmatization’ aspect that has to do with the fact that blacks are subject to various forms of discrimination, and an aesthetic aspect (‘phenotypic devaluation’) that concerns the aesthetic devaluation of characteristically black phenotypic traits. It identifies four self-worth harms that integration may inflict, and suggests that these may outweigh the benefits of integration. Further, it argues that, while the integrating (...) process may reduce stigmatization, there is less reason to think that it can do the same for phenotypic devaluation. (shrink)

Across the country, legal and health care professionals who understand that health outcomes are most influenced by social and environmental conditions have improved patient health by adopting the interdisciplinary MLP health care delivery model. However, the MLP field cannot advance population health, let alone long-term health equity, until it addresses the structural determinants of health inequity that are rooted in discrimination, segregation, and other forms of racial and ethnic subordination.

I am broadly sympathetic to Dale Matthew’s analysis concerning phenotypic devaluation and disadvantage. However, in what follows, I restrict my remarks to a few areas where I think he either lacks empirical precision, or overstates his case.

The thesis of this essay is that equal opportunity (EO) "strictly dominates" (in the game-theoretic sense) reparations. That is, (1) all the ways reparations would make our world more just would also be achieved under EO; (2) EO would make our world more just in ways reparations cannot; and (3) reparations would create injustices which EO would avoid. Further, (4) EO has important practical advantages over reparations. These include economic efficiency, feasibility, and long-term impact. Supporters of reparations should abandon that (...) ideal to support equal opportunity instead. (shrink)

A growing body of work in free speech theory is interested in the nature of counterspeech, i.e. speech that aims to counteract the effects of harmful speech. Counterspeech is usually defined in opposition to legal responses to harmful speech, which try to prevent such speech from occurring in the first place. In this paper we challenge this way of carving up the conceptual terrain. Instead, we argue that our main classificatory division, in theorising responses to harmful speech, should be between (...) pro-discursive and anti-discursive responses. Some legal responses to harmful speech, so we argue, make a positive discursive contribution in their own right. That is, legal restrictions on harmful speech can have a function that is importantly similar to speech that aims at countering the effects of harmful speech. (shrink)

Our concern in this paper lies with a common argument from racial discrimination to realism about races: some people are discriminated against for being members of a particular race (i.e., racial discrimination exists), so some people must be members of that race (i.e., races exist). Error theorists have long responded that we can explain racial discrimination in terms of racial attitudes alone, so we need not explain it in terms of race itself. But to date there has been little detailed (...) discussion of whether it is better to explain racial discrimination in terms of race or in terms of racial attitudes alone. Our goal is to offer a novel and detailed argument in defense of explaining racial discrimination in terms of racial attitudes alone, by attending to the neglected phenomenon of misperception discrimination, which involves differential treatment due to misperceived race. We argue that the discriminatory action in misperception cases must be explained in the same way as cases where (according to the realist) the victim’s race is accurately perceived. Thus, the victim’s actual race cannot provide the best explanation. The main upshot of our argument is that explanatory arguments from racial discrimination to realism about race fail. (shrink)

In many countries, the COVID‐19 pandemic varied starkly between different racial and ethnic groups. Before vaccines were approved, some considered assigning priority access to worse‐hit racial groups. That debate can inform rationing in future pandemics and in some of the many areas outside COVID‐19 that admit of racial health disparities. However, concerns were raised that “race‐responsive” prioritizations would be ruled unlawful for allegedly constituting wrongful discrimination. This legal argument relies on an understanding of discrimination law as demanding color‐blindness. We argue (...) that a, color‐blind understanding of discrimination would be hostile only to one of two rationales for prioritizing the relevant racial minorities in settings of racial health disparities. We also propose a method for incorporating appropriate race‐responsive concerns that is in many ways ethically and legally superior to ones suggested thus far. That method turns artificial intelligence, thanks precisely to its artificial and “black box” nature (features that underlie recent concerns about artificial intelligence's discriminatory potential), into an instrument of social justice. (shrink)

In “Stereotyping as Discrimination: Why Thoughts Can Be Discriminatory,” I propose that stereotyping someone—even if you manage to keep your thoughts hidden and don’t act on them—can constitute a form of discrimination (2021b). What, Alex Madva asks, are the practical implications of this claim? Even if I am correct that stereotyping constitutes a form of discriminatory treatment, it’s still possible that people should keep on speaking and acting as if “discrimination” refers exclusively to behaviors and policies. He invites me to (...) explore the “potential payoffs and perils” of referring to thoughts and perceptions as discriminatory, especially as they relate to legal practice and social-scientific inquiry (2021, 46). (shrink)

It is often thought that traditional recidivism prediction tools used in criminal sentencing, though biased in many ways, can straightforwardly avoid one particularly pernicious type of bias: direct racial discrimination. They can avoid this by excluding race from the list of variables employed to predict recidivism. A similar approach could be taken to the design of newer, machine learning-based (ML) tools for predicting recidivism: information about race could be withheld from the ML tool during its training phase, ensuring that the (...) resulting predictive model does not use race as an explicit predictor. However, if race is correlated with measured recidivism in the training data, the ML tool may ‘learn’ a perfect proxy for race. If such a proxy is found, the exclusion of race would do nothing to weaken the correlation between risk (mis)classifications and race. Is this a problem? We argue that, on some explanations of the wrongness of discrimination, it is. On these explanations, the use of an ML tool that perfectly proxies race would (likely) be more wrong than the use of a traditional tool that imperfectly proxies race. Indeed, on some views, use of a perfect proxy for race is plausibly as wrong as explicit racial profiling. We end by drawing out four implications of our arguments. (shrink)

Twice in the 2020 term, in Bostock and Comcast, the Supreme Court doubled down on the reasoning of “but-for causation” to interpret antidiscrimination statutes. According to this reasoning, an outcome is discriminatory because of some status—say, sex or race—just in case the outcome would not have occurred “but-for” the plaintiff’s status. We think this reasoning embeds profound conceptual errors that render the decisions deeply confused. Furthermore, those conceptual errors tend to limit the reach of antidiscrimination law. In this essay, we (...) first unpack the ambiguity of this but-for causal reasoning. We then show that this reasoning arises from a misapplication of tort law principles within antidiscrimination law, and that, as a result, it is both conceptually and normatively indeterminate. (shrink)

In her recent book, Faces of Inequality (2020), Moreau aims at developing a normative account of discrimination that is guided by the main features of anti-discrimination law. The critical comment argues against this methodology, indicating that due to indeterminacy relative to their underlying normative principles, central anti-discrimination norms cannot fulfill this guiding role. Further, using the content of such norms to guide ethical discussions is likely to be misleading, as it reflects evidentiary considerations that are unique to the legal context. (...) The critical comment’s claims are developed based on a close examination of indirect discrimination (or disparate impact) norms, and, as such, have wider implications for ongoing moral and political debates that are heavily influenced by the content of these norms. (shrink)

For more than a decade, activists, scholars, journalists, and politicians of various stripes have been discussing and decrying mass incarceration. This collection of voices has mostly focused on contingent features of the phenomenon. Critics mention racial disparities, poor prison conditions, and spiraling costs. Some critics have alleged broader problems: they have called for an end to all incarceration, even all punishment. Lost in this conversation is a focus on what is inherently wrong with mass incarceration specifically. This essay fills that (...) void and supplies an answer, drawing on the early modern English philosopher Thomas Hobbes. On the Hobbesian account developed here, mass incarceration is always wrong because it is always inconsistent with having a free society. (shrink)

Leslie Houts Picca and Joe Feagin argue that whites strive to isolate racial discourse to all-white social spaces. We can explain this practice by assuming that many whites—including “non-racist” whites—think of racism as shameful. Shame essentially concerns not what we do but how we are perceived. Maintaining their identities as “not racist,” then, seems to these whites primarily to involve the management of non-white people's perceptions of them. By isolating much of white racial discourse to all-white spaces, the white construal (...) of racism as shameful denies non-whites’ standing to participate in the construction of the social norms governing whites’ relationships with them. We should instead treat racism as disrespectful, and so requiring public correction because of its role in sustaining racist social norms. (shrink)

The allocation of scarce medical treatments, such as antivirals and antibody therapies for COVID-19 patients, has important legal dimensions. This Essay examines a currently debated issue: how will courts view the consideration of characteristics shielded by equal protection law, such as race, sex, age, health, and even vaccination status, in allocation? Part II explains the application of strict scrutiny to allocation criteria that consider individual race, which have been recently debated, and concludes that such criteria are unlikely to succeed under (...) present Supreme Court precedent. Part III analyzes the use of sex-based therapy allocation criteria, which are also in current use, and argues that they also face substantial legal obstacles, despite only being subject to intermediate scrutiny. Parts IV and V examine the use of age and health status in allocation. Part VI discusses how the nascent law on “vaccination status” discrimination might apply to therapy allocation. (shrink)

In our racially unjust societies, what should white people do? In this paper, I survey answers to this question that recent work in ethics, social epistemology, and philosophy of race suggests.

In many assessment problems—aptitude testing, hiring decisions, appraisals of the risk of recidivism, evaluation of the credibility of testimonial sources, and so on—the fair treatment of different groups of individuals is an important goal. But individuals can be legitimately grouped in many different ways. Using a framework and fairness constraints explored in research on algorithmic fairness, I show that eliminating certain forms of bias across groups for one way of classifying individuals can make it impossible to eliminate such bias across (...) groups for another way of dividing people up. And this point generalizes if we require merely that assessments be approximately bias-free. Moreover, even if the fairness constraints are satisfied for some given partitions of the population, the constraints can fail for the coarsest common refinement, that is, the partition generated by taking intersections of the elements of these coarser partitions. This shows that these prominent fairness constraints admit the possibility of forms of intersectional bias. (shrink)

Discussions of the causal status of race focus on the question of whether race itself can be experimentally manipulated. Yet many experiments testing for racial discrimination do not manipulate race, but rather a signal by which race influences an outcome. Such signal manipulations are easily formalized, though contexts of discrimination introduce significant philosophical complications. Whether a signal counts as a signal for race is not merely a causal question, but depends on sociological and normative issues regarding discrimination. The notion of (...) signal manipulation enables one to take these issues into account while still using causal counterfactual tests to detect discrimination. The analysis provided here is compatible with social constructivism and helps differentiate between cases in which it is more or less fruitful to model race causally. (shrink)

Stereotypes are commonly alleged to be false or inaccurate views of groups. For shorthand, I call this the falsity hypothesis. The falsity hypothesis is widespread and is often one of the first reasons people cite when they explain why we shouldn’t use stereotypic views in cognition, reasoning, or speech. In this essay, I argue against the falsity hypothesis on both empirical and ameliorative grounds. In its place, I sketch a more promising view of stereotypes—which avoids the falsity hypothesis—that joins my (...) earlier work on stereotypes in individual psychology with the work of Patricia Hill Collins on cultural stereotypes. According to this two-part hybrid theory, stereotypes are controlling images or ideas that enjoy both a psychological and cultural existence, which serve a regulative social function. (shrink)

Antisemitism is fun. This essay explains why and proposes a new approach to combating it.

The promise of a free, high-quality public education is supposed to guarantee every child a shot at the American dream. But our widely segregated schools mean that many children of color do not have access to educational opportunities equal to those of their white peers. In Integrations, historian Zoë Burkholder and philosopher Lawrence Blum investigate what this country’s long history of school segregation means for achieving just and equitable educational opportunities in the United States. Integrations focuses on multiple marginalized groups (...) in American schooling: African Americans, Native Americans, Latinxs, and Asian Americans. The authors show that in order to grapple with integration in a meaningful way, we must think of integration in the plural, both in its multiple histories and in the many possible definitions of and courses of action for integration. Ultimately, the authors show, integration cannot guarantee educational equality and justice, but it is an essential component of civic education that prepares students for life in our multiracial democracy. (shrink)

Drawing upon empirical studies of racial discrimination dating back to the 1940’s, the Movement for Black Lives platform calls for the abolition of capital punishment. Our purpose here is to defend the Movement’s call for death penalty abolition in terms congruent with its claim that the death penalty in the U.S. is a “racist practice” that “devalues Black lives.” We first sketch the jurisprudential history of race and capital punishment in the U.S., wherein courts have occasionally expressed worries about racial (...) injustice but have usually taken such evidence to warrant reform but not outright abolition. We argue that the racial discrimination at issue flows in significant part from implicit biases concerning race, criminality, and violence, which do not fit comfortably within the picture of racial bias advanced by the courts. The case for abolition, we contend, rests on Black Americans as a class (not merely those who interact with the criminal justice system as capital defendants or as murder victims) being subject to such bias and thereby not being accorded equal status under the law. (shrink)

The distinction between intentional and unintentional discrimination is a prominent one in the literature and public discourse; intentional discriminatory actions are commonly considered particularly morally objectionable relative to unintentional discriminatory actions. Nevertheless, it remains unclear what the two types amount to, and what generates the moral difference between them. The paper develops philosophically-informed conceptualizations of the two types based on which the moral difference between them may be accounted for. On the suggested account, intentional discrimination is characterized by the agent (...) viewing the content of an underlying discriminatory belief as a consideration that counts in favor of her action. This, it is argued, amounts to endorsing the discriminatory belief, which generates the particular moral severity of intentional discrimination. (shrink)

Historically, laws and policies to criminalize drug use or possession were rooted in explicit racism, and they continue to wreak havoc on certain racialized communities. We are a group of bioethicists, drug experts, legal scholars, criminal justice researchers, sociologists, psychologists, and other allied professionals who have come together in support of a policy proposal that is evidence-based and ethically recommended. We call for the immediate decriminalization of all so-called recreational drugs and, ultimately, for their timely and appropriate legal regulation. We (...) also call for criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs to be expunged, and for those currently serving time for these offenses to be released. In effect, we call for an end to the “war on drugs.”. (shrink)