In this paper I respond to Robert Taylor's argument that a Rawlsian framework does not support strong affirmative action programs. The paper makes three main arguments. The first disputes Taylor's claim that strong AA would not be needed in ideal conditions. Private racial discrimination, I suggest, might still exist in such conditions, so strong AA might be needed there. The second challenges Taylor's claims that pure procedural justice constrains Rawlsian nonideal theory. I argue that this rests on a fetishizing of (...) pure procedural justice that is absent from Rawls's work. I also show that a revised formulation of Taylor's concern here also fails. My third argument makes a positive Rawlsian case for strong AA in nonideal conditions that builds on a Taylor concession. Taylor suggests that the goal of nonideal theory is to create a world in which ideal theory can be applied. My argument begins by showing that another permissible goal of Rawlsian nonideal theory is to ameliorate injustice. I then argue that Rawls's contractualist framework supports the strongest forms of AA when category 3 interventions are blocked. (shrink)

ABSTRACT The militarization of Alaska during and after World War II created an extraordinary set of new facilities. But it also reshaped the imaginative role of Alaska as a hostile environment, where an antagonistic form of nature could be defeated with the appropriate combination of technology and training. One of the crucial sites for this reformulation was the Arctic Aeromedical Laboratory, based at Ladd Air Force Base in Fairbanks. In the first two decades of the Cold War, its employees conducted (...) numerous experiments on acclimatization and survival. The laboratory is now best known for an infamous set of tests involving the application of radioactive tracers to indigenous Alaskans—experiments publicized by post–Cold War panels established to evaluate the tragic history of atomic-era human subject research. But little else has been written about the laboratory's relationship with the populations and landscapes that it targeted for study. This essay presents the laboratory as critical to Alaska's history and the history of the Cold War sciences. A consideration of the laboratory's various projects also reveals a consistent fascination with race. Alaskan Natives were enrolled in experiments because their bodies were understood to hold clues to the mysteries of northern nature. A scientific solution would aid American military campaigns not only in Alaska, but in cold climates everywhere. (shrink)

Matthew Rimmer, ACIPA, The Australian National University, College of Law, Canberra, ACT, 0200, Australia. Tel.: (02) 61254164; Email: matthew.rimmer{at}anu.edu.au ' + u + '@' + d + ' '//--> Abstract This article considers the significance of the first export of essential medicines under the WTO General Council Decision 2003. In July 2007, Rwanda became the first country to provide a notification under the WTO General Council Decision 2003 of its intent to import a fixed-dose, triple combination HIV/AIDS drug manufactured by (...) the Canadian generic pharmaceutical manufacturer Apotex, Inc. In September 2007, Apotex was granted the first compulsory licence application under Canada's Access to Medicines Regime. This article considers the convoluted and protracted negotiations between the Government of Rwanda, Apotex and three patent holders, GlaxoSmithKline, Boehringer Ingleheim Canada and Shire BioChemical, Inc. It questions the efficiency of this process. This article considers the review of the Jean Chrétien Pledge to Africa Act 2004 (Canada). It is critical of the refusal of the Conservative Government of Canada to make any amendments to the legislation to improve the cost-effective delivery of essential medicines. This article queries the proposed Hong Kong Amendment to the TRIPS Agreement 1994, given the concerns of the Africa Group. It is submitted that it is undesirable to codify the WTO General Council Decision 2003, given its failure to provide a speedy, efficient and cost-effective delivery of essential medicines. CiteULike Connotea Del.icio.us What's this? (shrink)

This ~4000 word essay introduces topics of essentialism, as they arise in social sciences. It distinguishes empirical (e.g., psychological) from philosophical studies of essentialisms, and both metaphysical and scientific essentialisms within philosophy. Essentialism issues in social science are shown to be more subtle and complex than often presumed.

Although there once was a general consensus among race scholars that applying race categories to humans is biologically illegitimate, this consensus has been erased over the past decade. This is largely due to advances in population genetics that allow biologists to pick out genetic population clusters that approximate some of our common sense racial categories. In this paper, I argue that this new ability really ought not undermine our confidence in the biological illegitimacy of the human races. Unfortunately, (...) the claim that races are biologically legitimate is ambiguous—the sense I will be concerned with here holds that the human species can be divided into biological subspecies. Sesardic and Andreasen have both argued that the cluster results are evidence for subspecies within the human population. I show the cluster results are in fact evidentially inert relative to each author’s preferred subspecies concept. I then sketch the kinds of biological facts that could be used to adjudicate whether human subspecies have existed in the past. (shrink)

In this paper, I make explicit some implicit commitments to realism and conceptualism in recent work in social epistemology exemplified by Miranda Fricker and Charles Mills. I offer a survey of recent writings at the intersection of social epistemology, feminism, and critical race theory, showing that commitments to realism and conceptualism are at once implied yet undertheorized in the existing literature. I go on to offer an explicit defense of these commitments by drawing from the epistemological framework of John (...) McDowell, demonstrating the relevance of the metaphor of the “space of reasons” for theorizing and criticizing instances of epistemic injustice. I then point out how McDowell’s own view requires expansion and revision in light of Mills' concept of 'epistemologies of ignorance'. I conclude that, when their strengths are used to make up for each others' weaknesses, Mills and McDowell’s positions mutually reinforce one another, producing a powerful model for theorizing instances of systematic ignorance and false belief. (shrink)

This article uses Marx’s idea of commodity fetishism and subsequent theories of reification to understand the social construction of race. Race is typically defined as a socially-constituted category that is mischaracterised as a natural one. The goal of this article, in contrast, is to explain how this mischaracterisation arises. In addition to this main objective, the article uses this explanation of race to contest recent attempts that locate the ‘persistent entanglement’ of race and capital in their (...) functional relationship. Finally, the article engages with related, commodity-based theories of race and racism and concludes with thoughts on what the socially-constructed category of race can teach us about the nature of value and capitalism. (shrink)

Since the nineteenth century, hominid palaeontology has offered critical information about prehistoric humans and evidence for human evolution. Human fossils discovered at a time when there was growing agreement that humans existed during the Ice Age became especially significant but also controversial. This paper argues that the techniques used to study human fossils from the 1850s to the 1870s and the way that these specimens were interpreted owed much to the anthropological examination of Stone, Bronze, and Iron Age skeletons retrieved (...) by archaeologists from prehistoric tombs throughout Europe. What emerged was the idea that a succession of distinct human races, which were identified using techniques such as craniometry, had occupied and migrated into Europe beginning in the Ice Age and continuing into the historic period. This marks a phase in the history of human palaeontology that gradually gave way to a science of palaeoanthropology that viewed hominid fossils more from the perspective of evolutionary theory and hominid phylogeny. (shrink)

This chapter explores perspectivism in the American Pragmatist tradition. On the one hand, the thematization of perspectivism in contemporary epistemology and philosophy of science can benefit from resources in the American Pragmatist philosophical tradition. On the other hand, the Pragmatists have interesting and innovative, pluralistic views that can be illuminated through the lens of perspectivism. I pursue this inquiry primarily through examining relevant sources from the Pragmatist tradition. I will illustrate productive engagements between pragmatism and perspectivism in three areas: in (...) the pragmatists’ fallibilistic theories of inquiry and truth, in their pluralistic metaphysics, and in their views on cultural pluralism. While there are some potential sticking points between pragmatism and perspectivism, particularly around the visual metaphor of perspective, these philosophical approaches nonetheless have much to learn from each other. Perspectivism is in danger of falling between the horns of pernicious relativism and a platitudinous view of the limits of human perception and cognition. The pragmatists accounts of truth and reality open the possibility of a more thoroughgoing perspectivism. I will follow this thread through Charles S. Peirce’s, William James’, and John Dewey’s theories of inquiry and truth, Peirce’s evolutionary metaphysics, James’ radical pluralism, Dewey’s cultural naturalism, Richard Rorty’s anti-essentialism, Jane Addams’ standpoint epistemology, W.E.B. Du Bois’ theory of race consciousness, Horace Kallen’s and Alain LeRoy Locke’s cultural pluralism, and Mary Parker Follett’s account of pluralistic integration. (shrink)

Syphilis occupies a unique position in the history of U.S. medicine and medical ethics. Given its widespread prevalence and variable presentation, syphilis was a major professional concern among late nineteenth‐ and early twentieth‐century physicians. Syphilis was also at the center of perhaps the most famous example of medical racism in our history, the U.S. Public Health Service Syphilis Study at Tuskegee, in which officials followed the natural history of the disease in a cohort of black men for forty years without (...) offering treatment, even once penicillin became available. In this essay, I call attention to a less well‐known aspect of syphilis and its history. I examine one of the disease's most dreaded manifestations, neurosyphilis (also known as general paresis or general paralysis of the insane), and its treatment via malarial inoculation from the 1920s into the 1950s. The goal of this treatment, dramatic even to observers at the time, was to produce spiking fevers that would kill the syphilitic spirochete and arrest the disease process. My focus will be on developments at St. Elizabeths Hospital, a large‐scale federal psychiatric facility in the District of Columbia that served the city's residents and members of the U.S. military. Physicians at St. Elizabeths were the first in the United States to experiment with malarial fever therapy, treating their initial cohort of patients in December of 1922.Malarial fever therapy raised a host of ethical questions, rendered all the more complex from today's vantage point by efforts to understand them within the context of the time. What sorts of risks, both from malaria and via indirect exposure, might be deemed acceptable in the treatment of a devastating and almost invariably fatal disease? How ought researchers and clinicians to have approached the question of consent, itself an evolving concept in the early decades of the twentieth century, when the disease they were targeting impaired a patient's ability to reason effectively? Finally, at a time when segregated and inferior care for black Americans was the norm and when the black community bore a disproportionate burden of disease, who would have had access to malarial fever therapy, and at what cost? (shrink)

In recent years, scholars have documented the racial disparities of mass incarceration. In this paper we argue that, although retributivism and deterrence theory appear to be race-neutral, in the contemporary U.S. context these seemingly contrary theories function jointly to rationalize racial inequities in the criminal justice system. When people of color are culturally associated with criminality, they are perceived as both irresponsible and hyperresponsible, a paradox that reflects their status as what Charles Mills calls subpersons. Following from this paradox, (...) criminality is understood as an atemporal characteristic of people of color, such that they are conceived as pre-criminals, criminals, or post-criminals. In Frantz Fanon’s account, overdetermination expresses this exclusion of people of color from full agency by capturing them within a rigid, immutable essence, which then controls the social meaning of their actions. The backward-looking quality of retribution and the forward-looking quality of deterrence then treat people of color as more deserving of punishment (and more severe punishment) and as threats to the social order who have to be restrained. We should read the racialization of mass incarceration as a symptom of how precariously people of color participate in the social contract and as reflections of how theories of punishment have been racially deployed. (shrink)

In our emerging climate future, devastation will not land evenly. “Climate apartheid” names a world where the rich insulate themselves from its most catastrophic effects, while the global poor stand increasingly subject to rising seas, failing crops, intensifying weather events (floods, hurricanes, wildfires) and thus to the necessity of movement: some project a billion climate refugees by 2050. Yet analyses often fail to link climate apartheid to the existing systems mobilized to execute it—policing, prisons, borders—and so fail to connect climate (...) politics to enduring racialized projects of carceral control, as well as to Black, Native, and Latinx struggles against them. A key task is to develop capacious conceptual frameworks for understanding how religious actors are addressing the deep entanglements of political ecology and racial violence. This paper pursues that task in four parts. Part 1 introduces climate apartheid and proposes “cross-border solidarity” as an organizing concept for response, while underscoring that solidarity's chief virtue—its being already in use across diverse moral communities—is also what requires rigorous specification. What is the shape of “solidarity” amid climate futures? Parts 2 and 3 critique two frameworks ethicists might employ in facing that question: anthropocene discourse obscures race, while mestizaje discourse addresses race but risks reproducing its deepest logics. Part 4 proposes an alternative I will call cimarronaje. Of Taíno-Arawak and Spanish origin, the word refers to the historical experience, across slaveholding societies of the Americas, whereby enslaved African people fled plantations, escaped to surrounding hills and swamps, and reimagined forms of life with Indigenous communities, forged new ecologies together and, in the shadows of colonial empire, prefigured the theory and practices of cross-border solidarity we need today. (shrink)

Only by presenting war as a game was the I.F. able to get brilliant children— Ender in particular—to accomplish its military tasks. Representing war as a game is a common, effective misrepresentation that allows otherwise moral human beings to commit the inhumane violence war requires. This chapter explores the masquerade of war as a game and how it manipulates human psychology to effectively accomplish destructive goals. It looks at philosophy, psychology, and sociology to illuminate the I.F. High Command's strategy of (...) using child's play to destroy an alien race, and thereby save humanity. To save the human race, Ender deceives himself into believing war games are but child's play, that starships are mere points of light, and that an entire alien planet is mere pixels. (shrink)

Recent advances in population genetics have made it possible to infer an individual's ancestral origin with a high degree of reliability, giving rise to the new technology called ‘DNA Ancestry Profiling’. Bioethicists have raised concerns over using this technology within a forensic context, many of which stem from issues concerning race. In this article, I offer some reasons why we ought to allow forensic scientists to use DNA Ancestry Profiling to infer the race or ethnicity of perpetrators — (...) on a particular understanding of race or ethnicity — in at least some cases. First, there is reason to think the process will meet our evidential standards in many cases. Second, the technology has serious prospects for improving racial justice. Third, the ethical concerns that have been raised can be addressed. And last, using Forensic DNA Ancestry Profiling to infer race or ethnicity has many benefits over its successor technology known as Molecular Photofitting. I conclude the essay by sketching the empirical work that remains to be done. (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)

In lieu of an abstract, here is a brief excerpt of the content:Ius Gentium as Publicly Articulated Moral ScienceMatthew K. MinerdAmong the various types of law discussed in St. Thomas's theological "treatise on law"—questions 90–108 of Summa theologia [ST] I-II—the classification known as the "law of nations" (ius gentium) holds an ambiguous epistemological position. Marking a kind of halfway point between the natural law and civil law, it seems to straddle both domains. In fact, in a particularly important text dedicated (...) to this topic in the ST (I-II, q. 95, a. 4), Aquinas classes the ius gentium as being closely connected to the natural law, though in a way that is somewhat derivative, not as immediately flowing from human nature (especially in its animality) as does the natural law, but also not as marked by human contingency as is human civil law.As was recently discussed in a well-documented and insightful article by Barrett H. Turner in The Thomist, there have historically been two main lines of Thomist interpretation concerning the exact character of the "law of nations." Very broadly stated, what he refers to as the "Salamancan" line, indebted to Francisco de Vitoria, "interprets Thomas's doctrine of the ius gentium as a body of universal positive institutions (that is, specifications, determinationes) added to the natural law by agreement of the human race."1 [End Page 1043] This position, which would be common for several centuries among members of the Thomist school, would locate the law of nations essentially in the domain of nearly universally adopted customs and institutions, not strictly deduced from the natural law, but rather grounded on "the quasi-political authority of the entire human race, which promulgates the ius gentium by customs whose utility for attaining the ends of the natural law under a certain set of social conditions is easily recognized by rational creatures."2Turner calls the other line of thought "Maritain's Neo-Thomist Line,"3 an outlook that would be shared with various nuances by thinkers like Jean-Marie Aubert, Yves Simon, Marie-Michel Labourdette, John Finnis, and others. Setting aside my qualms about his appellation "neo-Thomist," which does more to obscure than to illumine (for it covers a host of Thomistic figures who have significantly different views on what constitutes "Thomism"), Turner does fairly lay out the major lines of Jacques Maritain's position, which is most directly articulated in Man and the State and La loi naturelle ou loi non-écrite.4 Basing himself on his particular view of knowledge of the natural law through connaturality,5 Maritain contrasted this sort of moral cognition with that which develops in the line of conceptual articulation, thus having a different "gnoseological" character from our knowledge of the natural law, while nonetheless still sharing the same "ontological" foundation. Such conceptually articulated law would be the ius gentium.Rather than add my voice to the dialectic of the various thinkers arrayed by Turner into the two aforementioned camps, I would like to propose a slightly different approach to the "moral epistemology of the law of nations," though one that I believe lies in line with the best aspects of Maritain's approach. Continuing a series of reflections that I have undertaken [End Page 1044] concerning moral epistemology during the past few years,6 I propose that it is most helpful to consider the "law of nations" as being a form of reasoning pertaining to what Scholastic vocabulary would refer to as "moral science,"7 namely discursive philosophical reasoning concerning the essences, properties, effects, and various other essential relationships that belong to a human acts, morally considered (the principal subject of moral philosophy), along with other subjects that are studied in relation to this principal subject (e.g., the principles of human acts, most particularly, the structure of human acts and the moral virtues). Moral science is the activity of reasoning that can be undertaken by knowing agents living together in community, seeking to discursively articulate and explain the moral truth that forms the essential basis for the contingent determinations that will then be codified in particular civil laws, the latter of which are not concerned with questions like "what are the ultimate foundations for property... (shrink)

The recent renaissance of Augustinian ethics remains mostly silent about the central place of slavery in Augustine’s thought. Although Augustinians appear confident his insights can be excised from his legitimation of the institution of slavery, two facts challenge this assumption: First, slavery constitutes not simply one moral issue among others for Augustine but an organizing, conceptual metaphor; second, the contemporary scene to which Augustinians apply his thought is itself the afterlife of a slave society. Thus, to bear faithful witness in (...) a racialized world, Augustinians must grapple with slavery as Augustine’s key conceptual metaphor, one that animates his thought and subtly reproduces the moral vantage of the master. (shrink)

I examine how white British members of a London-area environmental group conceptualize race in relation to ecological disasters. Based on a five-year (2018–2022) ethnographic study, members employed racialized narratives and symbolic boundaries to construct who was the cause of disasters, who had the moral responsibility or calling to remediate disasters, and who possessed the adequate resources and capacity to fix disasters. Together, these narratives formed a tripartite racial imaginary which functioned to demarcate the symbolic boundaries of an ideal, white (...) racial identity that was intimately crocheted with notions of authentic guilt and remorse, responsibility and liability, work ethics, competent knowledge, resource mobilization, moral commitment, and racial paternalism and superiority. Through the pursuit of this White racial ideal, members frequently conceptualized ecological disasters throughout the non-white world as the fault of specific actions by non-White people, identified unique racialized actors as the proper responsible parties for working on the remediation of ecological disasters, and also assigned particular White people from Westernized, industrial, democratic states as the only people in possession of the appropriate knowledge, resources, and character to clean-up and manage a healthy environment. (shrink)

Crises of forced migration are, unfortunately, nothing new. At the time of the writing of this paper, at least two such crises were in full swing – mass movements from the Middle East and parts of Africa to the E.U., and major movements from Central America to the Southern U.S. border, including movements by large numbers of families and unaccompanied minors. These movements are complex, with multiple causes, and it is always risky to attempt to craft either general policy or (...) philosophical positions in response to salient crises. However, both of these instances do bring to the foreground important questions about the proper purpose and extent of refugee protection as a means of dealing with crises of forced migration. In particular, both of these instances force us to consider what role persecution on the basis of a protected ground – race, religion, nationality, membership in a particular social group, or political opinion – ought to play in granting refugee protection, and whether our response to those in danger should change if the agents of persecution are non-state actors. This paper is not primarily about the problems arising from Syria or Central America. In a way similar to how hard cases make bad law, I contend that a too central focus on salient crises tends to lead to bad theory and often to bad general policy. However, if I am successful in my goal of clarifying the place of persecution and non-state action in refugee protection, then we may in turn be better able to think clearly about our current crisis situations. -/- In this paper I will first draw on my previous work on the normative logic of the refugee convention to argue that, while persecution should play an important, and even central, role in our thinking about refugees, this importance is shallow and pragmatic rather than deep and fundamental. Next, I will show how this conclusion supports the claim that harms amounting to persecution by non-state actors may ground an asylum claim, at least in some cases, both when the state is unwilling and when it is unable to protect its members. I consider two cases: first, instances where the authority and power of the state has been usurped by another power, and second, when the state has (implicitly or explicitly) delegated its power or authority to non-state actors. I will show how this leads to extending asylum to a broader range of people than traditional accounts would. -/- (To download this paper, please use the link from SSRN below.). (shrink)

This post-colonial and feminist reading of the Enlightenment explores the proto-postmodernist practice of examining one's conclusions through the eyes of the Other. Self-estrangement to gain critical distance from one's taken-for-granted assumptions was central to the Enlightenment and remains vital for critical sociopolitical thinking today.

ABSTRACTThis paper looks at the state of the literature surrounding Heidegger and Nazism today. Part 1 focusses on Hassan Givsan’s remarkable work, Une histoire consternante: pourquoi les philosophes se laissent corrompre par le “cas Heidegger”, which looks at the different, mutually inconsistent forms of “apologetics” denying that Heidegger had been a Nazi, or that this commitment could have been shaped by his philosophy. Part 2 looks at five themes that emerge from the 2014 French-language collection Heidegger, le sol, la communauté, (...) la race, edited by Emmanuel Faye: Heidegger’s anti-semitism, before and in the Black Notebooks; Sein und Zeit and “the political”; Heidegger and his estate’s post-war “rewriting” of his Nazi-era texts; Heidegger’s esotericism; and his intellectual proximities to other Nazi thinkers. Closing reflections touch on the state of the debate, calling for increased scholarly awareness of the evidence, and debate of its significance. (shrink)

This essay draws together the disciplines of race theory, artificial intelligence, and phenomenology to engage the issue of racism as a learned phenomenon. More specifically, it centres on a comparison between robots and humans with respect to becoming racist. The purpose of this comparison is to illustrate the complex interconnections between racism, ontology, and learning. The essay begins with a discussion of race and racism that identifies both fundamentally as social realities. With this account, the essay draws on (...) Hubert Dreyfus’ critical phenomenological work on artificial intelligence to outline several limitations for robots becoming racist. Next, the essay turns to the phenomenology of Merleau-Ponty as an ontological alternative for describing human beings and how racism is learned through habit and skill acquisition. In the end, it is suggested that this investigation not only provides an insightful glimpse into racism as a learned phenomenon, but also invites further discussion on how such racism may be confronted when it is viewed not simply as a cognitive issue, but rather as an issue of embodiment. (shrink)

Patients belonging to ethnic, racial, and religious minorities have been all but excluded from the legal academy’s ongoing conversation about informed consent. Perhaps this is just as well, since the conversation appears to have concluded that the doctrine has failed to serve as a meaningful regulation of clinical relationships. Informed consent does not operate in practice the way it was intended in theory. More than a decade ago, Peter Schuck noted the “informed consent gap” that distinguishes the “proper” law of (...) informed consent “on the books” from the actual consent law in action, and called for a more contextualized approach to informed consent. Susan Wolf later called for a systemic approach to informed consent in order to accommodate multiple decision points in the managed care setting. Some reformers have sought enhancements to expand the doctrine. (shrink)

Categories We Live by: The Construction of Sex, Gender, Race, and Other Social Categories, by Ásta. Oxford: OUP, 2018. Pp. 160.

In the mid-19 th century, increases in global migration and mobility produced a discernable rise in the number of ambiguous absences. This shift, combined with a novel expectation, linked to improved communications technology, that such absences might be resolved engendered the emergence of missing persons as a social category. A demand on the part of families of the missing that the state aid in their location would produce a Bourdieusian classification struggle over how to define and categorize this new mass (...) of absences. At issue would be whether an ambiguously absent individual was merely absent, as a routine component of social life, or whether the individual merited legitimation by the state as a new form of deviant: a "missing" person. Scholars have described the emerging administrative state’s enhanced powers of surveillance and classification and its persistent inclination to render their populations, in James Scott’s phrase, “legible.” Brought to the attention of the state, missing persons represented a body of people who had conspicuously fallen out of official sight. Yet, instead of attempting to fix this omission by gathering additional information on the lost — to, in effect, see the missing — as theories of the state would lead us to expect, the state chose to look away. In the United States, the state, in the form of municipal police departments, resisted classifying absences as cases of missingness and pushed back against families’ requests for aid. Leveraging the inherently ambiguous characteristics of the missing, the state promoted a definition of missing persons that conveniently freed it from the burden of managing an unmanageable population. In this article, drawing from archival data, I challenge prevailing theories of the modern state that emphasize its avidly classificatory nature by offering a case in which legibility was strategically withheld and a population was, in service of state interests, intentionally obscured. Only after the state lost its symbolic monopoly and the category was raced and gendered, becoming, in public discourse, associated with a socially valuable demographic – namely, young, white women – would the state, facing a threat to its legitimacy, deem the missing as worthy of being seen. (shrink)

Many international law scholars have begun to argue that the modern world is experiencing a "decline of citizenship," and that citizenship is no longer an important normative category. On the contrary, this paper argues that citizenship remains an important category and, consequently, one that implicates considerations of justice. I articulate and defend a "civic" notion of citizenship, one based explicitly on political values rather than shared demographic features like nationality, race, or culture. I use this premise to argue that (...) a just citizenship policy requires some form of both the jus soli (citizenship based on location of birth) and the jus sanguinis (citizenship based on "blood" or descent) approaches to citizenship acquisition. In the course of this argument I show why arguments made by Peter Schuck, Rogers Smith, Peter Spiro, Linda Bosniak, and Ayelet Shachar, among others, against this view, are mistaken. This justice-based approach to citizenship also has significant implications for naturalization law and policy. First, I argue that it requires open and easy naturalization and show why the use of naturalization policy to foster national identification is wrong. Second, I demonstrate that if naturalization is easy and open, some rules limiting certain social benefits and privileges to citizens may be compatible with justice, thereby providing a foundation for future discussions of alienage law. (shrink)

This response (a) integrates non-equilibrium evolutionary genetic models, such as coevolutionary arms-races and recent selective sweeps, into a framework for understanding common, harmful, heritable mental disorders; (b) discusses the forms of ancestral neutrality or balancing selection that may explain some portion of mental disorder risk; and (c) emphasizes that normally functioning psychological adaptations work against a backdrop of mutational and environmental noise. (Published Online November 9 2006).

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Does Judaism Condone Violence? Holiness and Ethics in the Jewish Tradition by Alan L. MittlemanMatthew LeveringDoes Judaism Condone Violence? Holiness and Ethics in the Jewish Tradition by Alan L. Mittleman (Princeton, NJ: Princeton University Press, 2018), v + 227 pp.Alan Mittleman has written a profoundly thought-provoking book. A main question of the book is whether a higher (revealed) law may in some cases require harm to be done (...) to the neighbor—harm that otherwise would be unjust. Mittleman offers some fascinating examples of cases in which Jews have appealed to God's Law in order to justify oppression of Gentiles. He cites a contemporary halakhic text, Torat ha-Melekh (The King's Torah), as particularly egregious. While Torat ha-Melekh was widely condemned by rabbis and the general public in Israel, it had an audience among the ultra-Orthodox. According to the Torat ha-Melekh, Gentiles' souls are not intrinsically holy in the way that Jews' souls are. This means that killing Gentile children in wartime may be acceptable due to the threat that otherwise these children may grow up to kill Jews. The Torat ha-Melekh observes that many Gentiles do not practice and obey the seven Noachide commandments. Since this is so, the Gentiles who do not obey the Noachide commandments live "in an inhuman state, where the brutish nature of their souls has free rein and their lives have lost value" (186).Another example given by Mittleman is the status of the Holy Land and the Holy People. Insofar as the holiness of the land and people is thought to be intrinsic—an inseparable property—problems can arise. According to a midrash in Bereshit Rabbah, the land is so intrinsically holy that only the dead who are buried in the land—or whose dead bodies somehow travel to the land—will rise from the dead and enjoy everlasting resurrected life. Likewise, the land's air is presented as uniquely making its inhabitants wise, and the divine presence or shekinah comes only in the land. For the medieval Jewish philosopher Yehuda Halevi, in his Kuzari: The Book of Refutation and Proof on Behalf of the Most Despised Religion (ca. 1140), the land of Israel is the most temperate climate and the most conducive to producing the ideal human beings. In addition, Halevi thinks that only certain descendants of Adam are "true Adamites" (66). A true Adamite is a son of God, just as Adam was. Specifically, only Seth and some of his descendants are fully human in accord with the Adamic model. It is only in the family of Jacob that "God's influence [finally] becomes the property of an entire people" (67). The true Adamites are Adam's (and Jacob's) seed; other humans are comparatively speaking mere husks. Although people can convert to Judaism, therefore, converts cannot be equal to those born of the Jewish nation. This does not mean that all who descend from Jacob are holy, since [End Page 745] it is possible for a Jew to distort his or her purity of soul. Nevertheless, for Halevi the Jewish people are a holy seed that is intrinsically superior to all other humans, so that it is possible to say that "Israel is an angelomorphic, even theomorphic race" (69).Moses Maimonides responded to Halevi, rejecting his viewpoint completely—on the grounds that holiness is not an intrinsic or biological (let alone racial) property. Yet, Halevi's viewpoint influenced Jewish Kabbalah in a major way. For the Kabbalist text the Zohar, the people of Israel derive from the emanations of the divine, whereas all other nations derive from the impure powers. The Zohar holds, "The other nations count for nothing in God's sight. They are the products of Eve's illicit union with the serpent," rather than coming forth from the theomorphic being who was Adam (70). Similarly, Moses de Leon—thought to be an author of the Zohar—argues that Gentiles ontologically possess impure souls that will carry them to spiritual damnation and will ensure that they have no participation in the resurrection of the dead. Another Kabbalist, Joseph of Hamadan, makes the same point that Gentiles... (shrink)

This essay will examine the polemic and poetic means through which three Indigenous Australian writers discuss the repercussions and risks associated with nuclear power, waste and weaponry as an existential and material threat to the mythopoeic creation stories, totemic systems and landforms which sustain Indigenous Australian belief. This essay will follow the establishment of a media ecology through which discourses of technological harm in Oodgeroo Noonuccal's “No More Boomerang” lay the foundation for Australian Indigenous anti-nuclear activist poetics and highlights the (...) relationship between language, belief and technology. Oodgeroo's [Kath Walker] “No More Boomerang” will be read as a precursor to the experimental expression of Lionel Fogarty's “Foot Walking and Talking – Atomic Confusion” as well as the procedural methodologies behind Natalie Harkin's “Zero Tolerance.” It will be argued that Indigenous-led representations of nuclear weaponry as an ontologic-existential threat can only be properly critiqued when framed through the constructs of race, nationhood and the history of colonization in Australia. (shrink)

This article presents some arguments against the persistence of the common law freedom to discriminate, in the disposition of property by gift or trust, whether inter vivos or testamentary, on a range of grounds like sex, race and religion. Broadly, two claims are defended. The first is that the elimination of discriminatory gifts and trusts is possible, within the bounds set by orthodox methods of common law reasoning, at least in jurisdictions where a non-discrimination norm operates at the constitutional (...) level. The second is that eliminating discriminatory gifts and trusts is desirable even from a liberal perspective that regards personal autonomy as a great value, once the function of the law of gifts and trusts as a set of power-conferring rules is brought into view. (shrink)

This paper examines how Gilles Deleuze addresses, and fail to address, the darker strata in Nietzsche’s work which has enabled his work to be claimed by almost every far-right European political movement since the 1890s to the Alt-Right today. Part I argues that four rhetorical strategies are present which serve to domesticate Nietzsche’s ideas concerning class and caste, race and sexuality, and his opposition to forms of liberalism, democracy, feminism and socialism: avoiding directly political subjects which Nietzsche returned to; (...) catachrestic use of political words to describe ostensibly supra- or non-political data; denials of Nietzsche’s rightist positions, followed by justifications which, upon analysis, do not support the denials but ‘change the subject’; openly erroneous misrepresentations of divisive subjects, led by Nietzsche on war. Part II looks at how these sophistical strategies are played out in two key passages in Nietzsche and Philosophy, concerning the second ‘selection’ in the eternal recurrence, with its ‘annihilation of all parasitical and degenerate elements’. Closing remarks address the situation today, and the paradoxes and limitations of Left Nietzscheanism in the academy. (shrink)

The United States has long been a model for accessible, affordable education, as exemplified by the country's public universities. And yet less than 60 percent of the students entering American universities today are graduating. Why is this happening, and what can be done? Crossing the Finish Line provides the most detailed exploration ever of college completion at America's public universities. This groundbreaking book sheds light on such serious issues as dropout rates linked to race, gender, and socioeconomic status. Probing (...) graduation rates at twenty-one flagship public universities and four statewide systems of public higher education, the authors focus on the progress of students in the entering class of 1999--from entry to graduation, transfer, or withdrawal. They examine the effects of parental education, family income, race and gender, high school grades, test scores, financial aid, and characteristics of universities attended. The conclusions are compelling: minority students and students from poor families have markedly lower graduation rates--and take longer to earn degrees--even when other variables are taken into account. Noting the strong performance of transfer students and the effects of financial constraints on student retention, the authors call for improved transfer and financial aid policies, and suggest ways of improving the sorting processes that match students to institutions. An outstanding combination of evidence and analysis, Crossing the Finish Line should be read by everyone who cares about the nation's higher education system. (shrink)

Being at Home stimulates careful conversation about some of the most pressing issues facing higher education institutions in South Africa today - race, transformation, and institutional culture. While there are many reasons to be despondent about the current state of affairs in the South African tertiary sector, this book is an invitation for the reader to see these problems as opportunities for rethinking the very idea of what it is to be a university in contemporary South Africa. It is (...) also, more generally, an invitation to think about what it is that the intellectual project should ultimately be about, and to question certain prevalent trends that affect - or, perhaps, infect - the current global academic system. The volume will be of interest to all those who are concerned about the state of the contemporary university, both in South Africa and beyond. [Subject: African Studies, Higher Education]. (shrink)

Current thinking and talk about race uses ‘racist’ for virtually everything that goes wrong in the domain of race. This paper examines the relationship between racial justice, racial discrimination and racism to argue for a more pluralistic approach to race-related ills. Such an approach provides the tools we need to understand an important if relatively neglected source of racial injustice, and does much to illuminate some race-related disputes. It starts by arguing that racial justice is a (...) surprisingly limited ideal, and then suggests understanding ‘racial discrimination’ in a minimal way. From there it is argued that while racial discrimination is necessary for racial injustice, the same is not true for racism. (shrink)

Historical dynamics around feminism, race, and rape discouraged extensive early Black involvement in anti-rape work in the United States. In Los Angeles, concern among women of color in the movement and a state initiative to fund poorly served areas converged to produce two new Black rape crisis centers in the mid-1980s. Ironically, state funding, an otherwise conservative influence on the anti-rape movement, has facilitated the progressive goal of expanding racial and ethnic diversity in the Los Angeles anti-rape movement. Racially (...) homogeneous organizations contributed more to diversifying the movement than integration within organizations. Despite differences in political perspective, women from older feminist groups and the new community-oriented centers now successfully work in coalition. (shrink)

If there is a “basic structure objection” to G.A. Cohen’s incentive critique of Rawls, then there is also a BSO to claims that private racial discrimination thwarts social justice by reducing the opportunity of its targets. In this paper, I take up the debate about the site or purview of justice and discuss it with reference to the case of race. I argue that the dispute about the site of justice has been wrongly understood as a dispute about the (...) substantive requirements of justice instead of as a dispute about where it is appropriate to apply considerations of justice. (shrink)

Among mainstream political philosophers, Charles Mills is probably best known, not as the author of The Racial Contract, but for his long-running critique of ideal theory and Rawls for his association with it. Yet the critique of ideal theory that followed the publication of The Racial Contract is prefigured in that very work, where we find in inchoate form what would be further developed later on. In the book, this early formulation of the critique occupies a small part of a (...) larger, more general argument condemning mainstream political philosophy for the way that it has ignored race. In this paper, I explore the relation of the critique to this more general argument. It might be thought that the general argument leads inevitably to the critique of ideal theory. I will argue that this is not so. I will show how Mills’ more general argument can be made without taking the further step of critiquing ideal theorizing. The blame for why mainstream political philosophy has ignored race, and continues to ignore race, I will argue, should be placed elsewhere. (shrink)

This Dictionary provides a wide range of coverage on a topic that has played a significant role in human society, from the early theoreticians and thinkers who proposed republican, democratic, and authoritarian innovations; to those who sought equality of classes, races, and genders; to those who insisted on hierarchy under a supreme leader, or god; and to those who had more practical economic, social, and ethical plans. This historical dictionary covers the most vital information on the persons, plans, and attempts (...) associated with utopianism that have been seen since ancient times. An introductory essay, chronology, 600 dictionary entries, an extensive bibliography, and an appendix listing the names and locations of utopian communities worldwide enable the reader to explore the Western mind's desire to improve the world and the lives of the people within it as utopianism has persisted over the centuries. (shrink)

The “erasing race” effect is the reduction of the salience of “race” as an alliance cue when recalling coalition membership, once more accurate information about coalition structure is presented. We conducted a random-effects model meta-analysis of this effect using five United States studies (containing nine independent effect sizes). The effect was found (ρ = 0.137, K = 9, 95% CI = 0.085 to 0.188). However, no decline effect or moderation effects were found (a “decline effect” in this context (...) would be a decrease in the effect size over time). Furthermore, we found little evidence of publication bias. Synthetically correcting the effect size for bias stemming from the use of an older method for calculating error base rates reduced the magnitude of the effect, but the it remained significant. Taken together, these findings indicate that the “erasing race” effect generalizes quite well across experimental contexts and would, therefore, appear to be quite robust. We reinterpret the theoretical basis for these effects in line with Brunswikian evolutionary-developmental theory and present a series of predictions to guide future research in this area. (shrink)

Objectives: To examine associations of changing employment conditions, specifically switching to working from home or job loss, with mental health, using data collected during the COVID-19 pandemic.Methods: Data from 2,301 US adults in employment prior to COVID-19 were collected April 3rd−7th, 2020. Participants reported whether their employment remained unchanged, they were WFH when they had not been before, or they had lost their job due to the pandemic. Outcomes were symptoms of depression, anxiety, stress, loneliness, and positive mental health assessed (...) using validated questionnaires. Linear regression quantified associations of employment changes with mental health outcomes, controlling for age, sex, race, BMI, smoking status, screen time, physical activity, marital status, chronic conditions, and current COVID-19 containment strategies being followed.Results: Compared to participants whose employment remained unchanged, those who switched to WFH did not differ in any measures of mental health. Participants who had lost their job reported higher symptoms of depression, anxiety, and stress, and lower PMH. Loneliness did not differ between groups.Conclusion: This study demonstrates that concerns around potential adverse mental health effects, particularly increases in loneliness, should not preclude WFH in the general population, while considering each individual's personal circumstances, and the acute adverse association of job loss with mental health. Tailored and sensitive interventions may be required to prevent deteriorations in mental health associated with job loss during periods of societal stress. (shrink)