I argue that there is an affective injustice in gendered and racialized oppression. To account for this, we must deny the opposition of affect and intentionality often assumed in the philosophy of emotion and the affective turn: while affect and intentionality are not opposed in principle, affective intentionality may be refused uptake in oppressive practices. In section 1, I read Merleau‐Ponty’s theory of the body schema as a theory of affect that accommodates my account of affective injustice and aligns with (...) accounts of affect transmission and circulation in feminist philosophies of the affective turn. This is crucial for understanding Fanon’s contribution to the theory of the body schema, in which it is susceptible to historical‐racial “affective disorders.” In sections 2–4, I distinguish three types of affective injustice: affective marginalization, exploitation, and violence. In section 2 I develop an intersectional feminist account of this distinction drawing on Lorde and Lugones and raise questions about the limits of framing the issue of affective injustice in terms of intentionality as opposed to a more psychoanalytic conceptual vocabulary that accommodates the displacement of affective force. In sections 3 and 4, I explore these affective injustices through an analysis of Fanonian concepts, showing how the theory of the body schema can accommodate not only affective intentionality but also the oppressive disjunction of affect and intentionality, as well as forms of affective injustice that exceed the oppressive disabling of sense‐making and involve the exploitative and violent displacement of affective force. (shrink)

Using the theoretical constructs “biographical disruption” and “limit experience” and also methodological frameworks from autoethnography and discourse analysis, we discuss the divergent ways in which language and healing are conceptualized and performed, first in an American medical clinic and then by traditional healers in Kwara‘ae (Solomon Islands). Discourses at the Dallas clinic draw on allopathic and complementary medicine and in emphasizing a scientific approach to talk about illness and treatment, were found to create ambiguity in patients’ sense of their physical (...) and metaphysical identities. In contrast, Kwara‘ae healing involves disappearing into silence, in which the physical and metaphysical are never separated, and where healing occurs. (shrink)

The traditional Western notion of freedom of expression has been criticized in recent years by critical race theorists who argue that this ethos ignores the gross power imbalance between the users of hate speech and their victims. These claims have in turn produced a counterattack by those who hew to the classical libertarian model of free speech. This article examines the arguments put forth by both proponents of the libertarian model of free expression and critical race theorists. By providing a (...) historical analysis of the competing ethical models behind these arguments and the ramifications of each approach toward hate speech, this article attempts to provide a useful and practical model for approaching the problem of hateful messages in modern society. (shrink)

I argue that there are strong consequentialist grounds for thinking that hate speech should be legally protected. The protection of hate speech allows those who are hateful to make their beliefs public, thereby exposing prejudices that might otherwise be suppressed to evaluation by other members of society. This greater transparency about prejudices has two social benefits. First, it facilitates social trust by making it easier to discover who holds beliefs that should exclude them from positions of authority, responsibility, and influence. (...) Second, it facilitates efforts to combat hatred by revealing which prejudiced members of society must be persuaded or discredited by those seeking to promote tolerance. (shrink)

This paper is based on the findings from a study in which social workers in healthcare settings were asked for their perspectives on cultural and racial difference as these apply to their practice with racialized clients. In examining the varied practice philosophies and approaches they employ, we find that older practice models based on problematized knowledge about racialized Others are being, alternately, reinstated and contested. In grappling with how to practise, participants describe approaches that, in many cases, effectively individualize clients (...) and ignore hierarchies and systems of domination. Following Sarah Ahmed's work on ethical encounters (Strange Encounters, Routledge, London, 2000), we argue for a socially and historically informed consideration of power relations as they shape professional practice. (shrink)

This article examines physical and linguistic sites through which women and words about women circulate along Latin America’s Interoceanic Road, running from the Brazilian to the Peruvian coast. I argue that the discourse on women circulates with specific linguistic-packaging, made and remade at different sites. In analyzing how these sites form ‘cartographies of communicability’, this article engages Marilena Chauí’s discussion of the ‘semiophor’ to refer to people and things that once pulled out of daily circulation, take on new meanings beyond (...) their material existence. By complicating the socially viable/acceptable identities offered/imposed upon these women – victims or voluntary agents, this article seeks to avoid reinscriptions of difference that “muzzle the subaltern”, advocating for a practice of ethnographic vigilance. (shrink)

The terms ‘hate’ and ‘hatred’ are increasingly used to describe the rationale of a kind of anti-Western terrorist-extremist speech. This discursively links this kind of terrorist-extremist speech with the well-known concept of ‘hate speech’, a link that suggests the two phenomena are more alike than they are unlike. In this article I interrogate the similarities and differences between anti-Western terrorist-extremist speech and hate speech as they manifest in Western liberal democratic states along two axes: to whom the speech is addressed, (...) and how harm is occasioned. Relying on a combination of philosophical conceptions and public policy empirics, I demonstrate that there are significant differences between the two types of speech, especially in their mechanisms of harm. The implications of this analysis are that these differences should be better understood in order to respond appropriately to these two distinct types of harmful speech. (shrink)

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

This paper makes the case for the permissibility of post-conflict amnesties, although not on prudential grounds. It argues that amnesties of a certain scope, targeted to certain categories of perpetrators, and offered in certain contexts are morally permissible because they are an acknowledgment of the difficulty of attributing criminal responsibility in mass violence contexts. Based on this idea, the paper develops the further claim that deciding which amnesties are permissible and which ones are not should be decided on a case-by-case (...) basis. Against what seems to be an increasingly popular assumption of some international actors, just as "blanket" amnesties are impermissible, so is an absolutist rejection of all types of amnesties. (shrink)

As understood today, political correctness aims at preventing social discrimination by curtailing offensive speech and behaviour towards underprivileged groups of individuals. The core proponents of political correctness often draw on post-modernism and critical theory and are notorious for their scepticism about objective truth and scientific rationality. Conversely, the critics of post-modern political correctness uphold Enlightenment liberal principles of scientific reasoning, rational truth-seeking and open discourse against claims of relativism and oppression. Yet, both the post-modern proponents and their Enlightenment liberal critics (...) make up two sides of the same phenomenon of political correctness. Both sides intend to protect a liberal value system from illiberal truth-claims, which is the function of politically correct regulation. While post-modern advocates attempt to promote liberating tolerance, Enlightenment liberals place liberal values above the open-ended search for truth. Despite appearances to the contrary, this socio-academic debate is not about two sides favouring and opposing political correctness. In fact, it is a debate about the type of politically correct regulation that can better guard liberal values. (shrink)

Although there seems to be an agreement on what slurs are, many authors diverge when it comes to classify some words as such. Hence, many debates would benefit from a technical definition of this term that would allow scholars to clearly distinguish what counts as a slur and what not. Although the paper offers different definitions of the term in order to allow the reader to choose her favorite, I claim that ‘slurs’ is the name given to a grammatical category, (...) and I consequently trace a difference in kind between slurs and other kinds of group pejoratives. I rely on a novel approach to slurs that characterizes them based on their membership to a particular kind of register category, an often neglected sociolinguistic notion determining the social contexts in which registered terms are expected, tolerated or unacceptable. The paper also points out to the close link between words registered as [+derogatory] and their usage in the context of dominance relations of different kinds between users and recipients of slurs. By pointing out to this link I hope to underscore the political significance of slur usage, as well as to contribute further to the explanation why slurs are so damaging and unacceptable in most social contexts. (shrink)

In the late 1990s, the Internet seemed a perfect medium for business: a facilitator of unlimited economical propositions to people without any regulatory limitations. Cases such as that of Yahoo! mark the beginning of the end of that illusion. They demonstrate that Internet service providers (ISPs) have to respect domestic state legislation in order to avoid legal risks. Yahoo! was wrong to ignore French national laws and the plea to remove Nazi memorabilia from its auction site. Its legal struggle proved (...) futile and may have harmed its business. This essay argues for the adoption of standards of corporate social responsibility (CSR). CSR considerations may trump some forms of antisocial, highly offensive expression. (shrink)

Pornographic speech harms women by playing a key role in sustaining the social conditions through which women's liberty and equality are undercut. Though there is a principled moral and constitutional basis for pursuing a legal strategy in fighting pornography, we should not overestimate the effectiveness of the law or underestimate its potential dangers. The struggle against pornography must be waged through education, expressive exploration, and protest, not through the law.

The distinctly contemporary proliferation of pornography and hate speech poses a challenge to liberalism's traditional ideal of a 'marketplace of ideas' facilitated by state neutrality about the content of speech. This new study argues that the liberal state ought to depart from neutrality to meet this challenge.