In “Racial Integration and the Problem of Relational Devaluation,” I argue that blacks should reject racial integration on self-protective and solidarity grounds. Integration will intensify the self-worth harms of stigmatization and phenotypic devaluation by leading blacks to more fully internalize their devaluation, and while the integrating process itself might reduce the former, it may well leave in place the latter. In this paper, I reply to the challenges to these arguments presented by Sharon Stanley, Andrew Valls, Elvira Basevich, Michael Merry, (...) and Ronald Sundstrom. (shrink)

In what follows, I will argue that racist ideology should be understood in terms of racist social norms that constitute certain incentive structures. To this end, I will motivate my position by exa...

Police killings of individuals with mental illness have prompted calls for greater funding of mental health services to shift responsibilities away from the police. Such investments can reduce police interactions with vulnerable populations but are unlikely to eliminate them entirely, particularly in cases where individuals with mental illness have a weapon or are otherwise dangerous. It remains a pressing question, then, how police should respond to these and other vulnerable aggressors with diminished culpability (VADCs). This article considers and ultimately rejects (...) three potential approaches from the ethics of defensive force literature. It looks to improve on them by developing what I call the fusion account, which explains how vulnerability and diminished culpability fit together to provide moral grounds for extra protections from deadly force. The article’s final sections explore the policy implications of the fusion account for police administrators, officers, and the law. (shrink)

Models of idealistic societies pervade the history of political thought from ancient times to the present. How can these models contribute to our thinking about political life in our non-ideal world? Not, as many political theorists have hoped, by performing a normative function -- by giving us reasons to accept particular political principles for the purpose of regulating our thought and behavior. Even still, idealistic models can sharpen our thinking about politics by performing a conceptual function -- by helping us (...) clarify and interpret the concepts we use to describe and evaluate political behavior and institutions. These insights point to a more incisive and judicious approach to political inquiry, in which explanatory and normative modes of thought are tightly intertwined. (The manuscript is under review. I have uploaded the table of contents, chapters 1 and 2, and the bibliography. Chapter summaries are available from my website.). (shrink)

Wem wird geglaubt und wem nicht? Wessen Wissen wird weitergegeben und wessen nicht? Wer hat eine Stimme und wer nicht? Theorien der epistemischen Ungerechtigkeit befassen sich mit dem breiten Feld der ungerechten oder unfairen Behandlung, die mit Fragen des Wissens, Verstehens und Kommunizierens zusammenhängen, wie z.B. die Möglichkeit, vom Wissen oder von kommunikativen Praktiken ausgeschlossen zu werden oder zum Schweigen gebracht zu werden, aber auch Kontexte, in denen die Bedeutungen mancher systematisch verzerrt oder falsch gehört und falsch dargestellt werden, in (...) denen manchen misstraut wird oder es an epistemischer Handlungsfähigkeit mangelt. In diesem Buch wird eine Übersicht über die breite Debatte epistemischer Ungerechtigkeit, epistemischer Unterdrückung und epistemischer Gewalt gegeben, in dem unterschiedliche Theorien, die sich auf der Schnittstelle von Gerechtigkeitstheorie und epistemischen Fragen befinden, systematisch und kritisch diskutiert sowie theoretische Vorgänger dieser Theorien beleuchtet werden. (shrink)

Drawing on work in the Philosophy of Race, this chapter argues that the existence of races in heaven is either incompatible or only questionably compatible with the mainstream Christian view of the afterlife. However, it also argues that there is a phenomenon adjacent and related to race that can exist in the afterlife, namely racial identity. If one thinks of racial identity as a kind of practical identity, it turns out that racial identity is primarily psychological. Thus, its existence in (...) heaven is compatible with the mainstream Christian view that people with some semblance of human psychology continue on after death. Furthermore, the chapter offers reasons to think that we will need racial identities in the afterlife to facilitate forgiveness and reconciliation. Finally, it suggests that preserving racial identities from this life to the next is, on balance, preferable. (shrink)

It is sometimes argued that ideal theories in political philosophy are a form of ideology. This article examines arguments building on the work of Charles Mills and Raymond Geuss for the claim that ideal theories are cognitively distorting belief systems that have the effect of stabilizing unjust social arrangements. I argue that Mills and Geuss neither succeed in establishing that the content of ideal theories is necessarily cognitively defective in the way characteristic for ideologies, nor can they make plausible which (...) mechanisms ensure the alleged negative effects of the widespread acceptance of ideal theorizing. This does not mean that all hope is lost for the ideology objection, however. By turning to a second Marxian model of ideology, I argue that the ideological character of ideal theories is not so much a matter of their content, but rather of their form. Ideal theories falsely present the normative concepts that they use as semantically practice-independent and thereby block potential challenges from subordinate groups to dominant ideologies. It is therefore not the normative content of ideal theories which proves to be objectionable, but the particular role their concepts play in wider political discourse. (shrink)

This volume considers the ethics of policing and imprisonment, focusing particularly on mass incarceration and police shootings in the United States. The contributors consider the ways in which non-ideal features of the criminal justice system―features such as the prevalence of guns in America, political pressures, considerations of race and gender, and the lived experiences of people in jails and prisons―impinge upon conclusions drawn from more idealized models of punishment and law enforcement. There are a number of common themes running throughout (...) the chapters. One is the contrast between idealism and realism about justice. Another is the attention to harmful consequences, not only of prisons themselves, but to the events that often precede incarceration, including encounters with police and pre-trial detention. A third theme is the legacy of racism in the United States and the role that the criminal justice system plays in perpetuating racial oppression. (shrink)

Just institutions have claims on us. There are two reasons for thinking that such claims are warranted. First, one may believe that we are under a natural duty of justice to support and further just institutions. If one believes that it matters whether institutions are just, one also has a reason, almost as a matter of consistency, to support and further just institutions. Second, one may believe that by enjoying the benefits brought about by cooperation through just institutions, one incurs (...) an obligation to support these institutions. Those who accept and enjoy the benefits brought about by cooperation through a just scheme are under an obligation of fairness to reciprocate. But what happens to these reasons to support and comply with an institution if the scheme of cooperation is less than fully just? There is hardly a real-world institution, policy, or scheme of social cooperation that would qualify as fully just. However, questions about obligations of fairness and duties of justice under conditions of injustice have hitherto suffered relative neglect. I shall outline an overall framework for thinking about these questions by asking what the victims of injustice owe to moderately unjust institutions. (shrink)

We should conceive of illegal covert animal rescue as acts of “subrevolution” rather than as civil disobedience. Subrevolutions are revolutions that aim to overthrow some part of the government rather than the entire government. This framework better captures the relevant values than the opposing suggestion that we treat illegal covert animal rescue as civil disobedience. If animals have rights like the right not to be unjustly imprisoned and mistreated, then it does not make sense that an instance of animal rescue (...) will be justifiable only if it meets criteria for justified civil disobedience, e.g., the requirement that the civil disobedient not rescue more animals than would be necessary to communicate their message. Thus, the framework of subrevolution is a more apt way to analyze animal rescue. (shrink)

Instead of thinking of ‘public order’ as the type of power that police deploy to manage disorder, this article suggests that we understand it as a set of background affects. The problem of analysing these affects is that (aside from moments of unrest) the majority of the populace is anaesthetised to them. Most people take the public feelings of calm predictability for granted. Crucially, however, the everyday management of public order does not anaesthetise everyone. It also produces ‘suspect populations’, who (...) must remain attentive to its low background hum. This article focuses on the US ‘colony within’ literature, developed by civil rights and black nationalist traditions from the late 1960s. The article suggests that this internal colony analysis contains a nuanced exploration of the spatialised affects of public order; the clouds of suspicion; the atmospheres of tension; and the police encounters that generate an affective substrate of relations. (shrink)

This article reviews recent arguments in contemporary political philosophy on victims' duties to resist their oppression. It begins by presenting two approaches to these duties. First, that victims' duties are self‐regarding duties that victims owe to their self‐respect or to their well‐being, and second, that victims' duties are other‐regarding duties that arise from victims' duties of justice or of assistance. The second part elaborates on what resistance consists in. The article then considers and responds to two prominent objections to arguments (...) for victims' duties: that they are too demanding, and that they are unfair and exploitative. It concludes by gesturing towards future areas of engagement, in particular, theorising the agents and mechanisms of oppression, and more explicitly engaging with methodological debates about non‐ideal theory. (shrink)

While there has been renewed attention to racial justice in the United States and around the world recently, there is a long tradition among philosophers and other theorists of reflecting on the nature racial injustice and the remedies that it demands. This article discusses two prominent approaches to racial justice, liberal egalitarian theory and critical race theory, and focuses on four issue areas: reparations, affirmative action and race‐conscious policy, integration, and criminal justice. Although liberal and critical approaches to racial justice (...) are sometimes seen as in opposition to each other, it is argued here that there is often convergence as well. Despite their differing pedigrees, a shared commitment to racial equality and a shared recognition of the profound, structural nature of racial inequality often leads scholars from different starting points to similar, radical conclusions. (shrink)

This paper develops a philosophical account of environmental racism and explains why having such an account is worthwhile. After reviewing some data points and common uses of the term linking environmental racism to the distribution of environmental burdens by race, I argue that environmental racism should be understood as referring to an unequal distribution caused by a history of racism. Environmental racism is thus analyzed in terms of two conditions: first, that environmental burdens and benefits be distributed according to race, (...) and second, that this distribution be partly caused by a history of racism, where this causal claim is understood counterfactually. The account entails that environmental racism is a derivative form of racism – it depends on other kinds of racism to exist – while being compatible with a variety of views about the more basic forms of racism. Given the proposed framework, I consider the kind of evidence needed to establish whether a given case is one of environmental racism and make the case for environmental racism being a concept worth focusing on as it can highlight a type of injustice that may otherwise go unnoticed. (shrink)

This study examines activities and processes through which projects of moral regulation are implemented as well as lived, transformed, and resisted by their targeted actors. Our ethnographic study focuses on discourses and practices of civic duty for orderly and hygienic conduct in the rehabilitation of marketplaces in Yaoundé, Cameroon. By drawing on the inhabited institutions approach and the literature on ethics as practice, our analysis extends research on moral work to put forward a perspective on moral regulation as a situated (...) practice. We show how moral work is built on individual reflections but is simultaneously negotiated through actors’ relationships, that is, responsibilities to family, interactions within the community, and personal history. (shrink)

Criminal justice systems have traditionally relied heavily on human decision-making, but new technologies are increasingly supplementing the human role in this sector. This paper considers what general limits need to be placed on the use of algorithms in sentencing decisions. It argues that, even once we can build algorithms that equal human decision-making capacities, strict constraints need to be placed on how they are designed and developed. The act of condemnation is a valuable element of criminal sentencing, and using algorithms (...) in sentencing – even in an advisory role – threatens to undermine this value. The paper argues that a principle of “meaningful public control” should be met in all sentencing decisions if they are to retain their condemnatory status. This principle requires that agents who have standing to act on behalf of the wider political community retain moral responsibility for all sentencing decisions. While this principle does not rule out the use of algorithms, it does require limits on how they are constructed. (shrink)

An impressive body of recent literature posits that traditional notions of civil disobedience prevent us from properly considering potentially legitimate types of ‘uncivil’ political lawbreaking. When might uncivil (covert, legally evasive, morally offensive and potentially violent) lawbreaking prove normatively acceptable? If justifiable, what conditions should its practitioners be reasonably expected to meet? Despite some important insights, defenders of uncivil disobedience rely on a narrow and sometimes misleading view of civil disobedience, as previously practiced and theorized. Notwithstanding legitimate skepticism about Rawlsian (...) notions of civil disobedience, they reproduce its troublesome binary or ‘all-or-nothing’ view of political lawbreaking. Uncivil disobedience’s proponents tend to group a vast array of distinctive types of lawbreaking under one amorphous categorical rubric, impeding the suitably complex, nuanced analysis we need. A superior approach would pay careful attention to uncivil disobedience’s ambivalent historical record, a record suggesting that UD is more likely to reproduce authoritarian populism’s disturbing political logic than counteract it. (shrink)

Social movements like BLM and Rhodes Must Fall have recently re-emphasized the need for “working through” our collective past. I argue that we must be careful to distinguish two distinct and sometimes conflicting understandings of what it means to work through the past. An “idealist” understanding which sees “working through” as a process of self-enlightenment and moral learning through uncovering and acknowledging past moral failures and incorporating them into our collective self-image. The “materialist paradigm”, in contrast, understands “working through” as (...) a process of uncovering the ways in which the structural causes of past moral catastrophe have endured into the present. It rejects idealist calls for reconciliation with the past and present and aims at the negative goal of preventing future moral catastrophe through changing tainted social structures. I argue, finally, that effective processes of working through the past have to engage in both idealist myth-building and materialist deconstruction. (shrink)

Social movements like BLM and Rhodes Must Fall have recently re-emphasized the need for “working through” our collective past. I argue that we must be careful to distinguish two distinct and sometimes conflicting understandings of what it means to work through the past. An “idealist” understanding which sees “working through” as a process of self-enlightenment and moral learning through uncovering and acknowledging past moral failures and incorporating them into our collective self-image. The “materialist paradigm”, in contrast, understands “working through” as (...) a process of uncovering the ways in which the structural causes of past moral catastrophe have endured into the present. It rejects idealist calls for reconciliation with the past and present and aims at the negative goal of preventing future moral catastrophe through changing tainted social structures. I argue, finally, that effective processes of working through the past have to engage in both idealist myth-building and materialist deconstruction. (shrink)

There is lively debate on the question if states have legitimate authority to enforce the exclusion of (would-be) immigrants. Against common belief, I argue that even non- cosmopolitan liberals have strong reason to be sceptical of much contemporary border authority. To do so, I first establish that for liberals, broadly defined, a state can only hold legitimate authority over persons whose moral equality it is not engaged in undermining. I then reconstruct empirical cases from the sphere of international relations in (...) which what I call ‘colonial norms’ continue to play significant structuring roles. I argue that it is sometimes only by unveiling these colonial norms and the roles they play that we can understand how some states today culpably contribute to undermining the moral equality of persons over whom they will come to claim immigration-related authority. I thus contend that paying attention to colonial norms distinctly enables us to reveal a set of instances in which all liberals should agree that states forfeit legitimate authority over would-be immigrants. (shrink)

I argue that contemporary accounts of ideology critique—paradigmatically those advanced by Haslanger, Jaeggi, Celikates, and Stanley—are either inadequate or redundant. The Marxian concept of ideology—a collective epistemic distortion or irrationality that helps maintain bad social arrangements—has recently returned to the forefront of debates in contemporary analytic social philosophy. Ideology critique has similarly emerged as a technique for combating such social ills by remedying those collective epistemic distortions. Ideologies are sets of social meanings or shared understandings. I argue in this paper (...) that because agents must coordinate on them to be mutually intelligible, ideologies, on the fashionable contemporary account, are conventions. They are equilibrium solutions to a particular kind of social coordination problem. The worry is that changing pernicious conventions requires more than the epistemic remedy contemporary critical social theorists prescribe. It also requires overcoming strategic impediments like high first-mover costs. Thus contemporary proponents of ideology critique—the “new ideology critics,” as I’ll call them—face a dilemma. Either their account of social change fails to account for important strategic impediments to social change, in which case it is inadequate, or it incorporates a theory of strategic behavior, and thus merely reinvents the wheel, poorly. It adds nothing to prominent convention-based accounts of social change in the social sciences. More generally, this is an example of a pernicious trend in contemporary critical social theory. Contemporary critical social theorists have abandoned their predecessors’ commitment to engaging with social science, thereby undermining their efforts. (shrink)

Populism – which positions a ‘true people’ in opposition to a corrupt elite – is often contrasted with liberalism. This article initially outlines the incompatibility between populism and normative...

Tommie Shelby articulates a nonideal theory of black US ghettos that casts them as consequences of an intolerably unjust institutional structure. I argue that, despite some of its significant merits, Shelby’s theory is weakened by his rejection of integration as a principle for reforming disadvantaged ghettos and correcting structural injustices in the US. In particular, I argue that Shelby unwarrantedly downplays the socio-economic efficiency of integrationist policies and fails to consider some of the ways in which integration might count as (...) a duty of justice. (shrink)

Tommie Shelby articulates a nonideal theory of black US ghettos that casts them as consequences of an intolerably unjust institutional structure. I argue that, despite some of its significant merits, Shelby’s theory is weakened by his rejection of integration as a principle for reforming disadvantaged ghettos and correcting structural injustices in the US. In particular, I argue that Shelby unwarrantedly downplays the socio-economic efficiency of integrationist policies and fails to consider some of the ways in which integration might count as (...) a duty of justice. (shrink)

The idea of empowerment has gained a significant role in the discourse of poverty. I outline a restricted conception of empowerment inspired by Kant’s idea of rightful honour. According to this conception, empowerment consists in enabling individuals to assert their own human rights (juridical empowerment). I apply this conception to impoverished persons and argue that it is crucial to their self-respect, their so-called ‘power-[from-]within,’ and their political agency, and has a teleological primacy regarding our efforts to reduce poverty. I also (...) defend the idea that there is a moral right to this form of empowerment and a corresponding duty to empower the impoverished as rights-asserters. Juridical empowerment will be compatible with a pluralism of substantive accounts of the moral wrongs of poverty and with broader conceptions of empowerment. (shrink)

Journal of Social Philosophy, EarlyView.

Journal of Social Philosophy, EarlyView.

When addressing the burdens borne by victims of police wrongdoing, we often overlook moral harms in focusing on the physical and psychological harms that they suffer. These moral harms undermine the moral status of the victim, her ability to consistently pursue the values she endorses, and her character. Victimhood is a morally significant social role. Victimhood imposes normative standards that measure the moral or political status of victim. Conforming to these standards affects our assessment of the conduct of the victim (...) and her moral standing. Considering the victims’ role provides important insights into contemporary practices of policing in the United States. The physical and verbal acts of the police often force race-based degradation upon racially subordinated groups. There is often no morally good way out of racially discriminatory encounters when the choice is to degrade oneself or suffer violence or even death. Worse, how we respond to the threat of police violence morally undermines our relationships with those we would keep safe from police violence. (shrink)

This essay tries to develop a “black radical Kantianism”—that is, a Kantianism informed by the black experience in modernity. After looking briefly at socialist and feminist appropriations of Kant, I argue that an analogous black radical appropriation should draw on the distinctive social ontology and view of the state associated with the black radical tradition. In ethics, this would mean working with a (color-conscious rather than colorblind) social ontology of white persons and black sub-persons and then asking what respect for (...) oneself and others would require under those circumstances. In political philosophy, it would mean framing the state as a Rassenstaat (a racial state) and then asking what measures of corrective justice would be necessary to bring about the ideal Rechtsstaat. (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)

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 this paper, I identify a theoretical and political role for ‘white ignorance’, present three alternative accounts of white ignorance, and assess how well each fulfils this role. On the Willful Ignorance View, white ignorance refers to white individuals’ willful ignorance about racial injustice. On the Cognitivist View, white ignorance refers to ignorance resulting from social practices that distribute faulty cognitive resources. On the Structuralist View, white ignorance refers to ignorance that results as part of a social process that systematically (...) gives rise to racial injustice, and is an active player in the process. I argue that, because of its greater power and flexibility, the Structuralist View better explains the patterns of ignorance that we observe, better illuminates the connection to white racial domination, and is overall better suited to the project of ameliorating racial injustice. As such, the Structuralist View should be preferred. (shrink)

Appreciation and gratitude get good press: They are central virtues in many religious and secular ethical frameworks, core in positive psychology research, and they come highly recommended by the self‐improvement set. Generally, appreciation and gratitude feature as good things, in popular consciousness. Of course, on an Aristotelian model, the belief that these are virtues implies they are something people can get right or wrong. This paper examines bad appreciation and bad gratitude, characterizing forms of appreciation and gratitude at the center (...) of some major social norms and practices, and demonstrating that they mask familiar oppressive expectations and power relations. (shrink)

Incarceration served as a primary apparatus by which abolition democracy was defeated after Reconstruction. Carceral institutions—such as the penitentiary, the convict-lease system, and the chain gang—functioned to demarcate the racial limits of citizenship and to impede equal political power. This article turns to W. E. B. Du Bois to argue that incarceration constrains democratic political equality. Turning to Du Bois’s treatment of crime and imprisonment in works including The Philadelphia Negro (1899), “The Spawn of Slavery” (1901), and The Souls of (...) Black Folk (1903), alongside archival material, I situate incarceration in Du Bois’s democratic thought. According to Du Bois, carceral institutions bounded ideas of full citizenship, fueled panic over Black “criminality,” fomented feelings of inferiority, and hampered the possibility for abolition democracy, a multiracial, multiclass movement committed to worker democracy and a future rid of slavery and subjugation. Du Bois shows us how carceral institutions run into tension with democratic ideals. (shrink)

According to a prominent argument, citizens in unjust societies have a duty to resist injustice. The moral and political principles that ground the duty to obey the law in just or nearly just conditions, also ground the duty to resist in unjust conditions. This argument is often applied to a variety of unjust conditions. In this essay, I critically examine this argument, focusing on conditions involving institutionally entrenched and socially normalised injustice. In such conditions, the issue of citizens’ duties to (...) resist is complicated. I conclude by considering how my discussions may clarify a contemporary problem about engaging in resistance to aid potential migrants who have been turned away by states in accordance with widely accepted rules. (shrink)

Philosophical Issues, Volume 31, Issue 1, Page 210-226, October 2021.

This essay provide an overview of debates about the method of political philosophy that have recently gripped the field, focusing on the relationship of theory to practice. These debates can be usefully organized using two oppositions that together carve the field into three broad families of views. Call “practicalism” the view that the theory of justice exists to guide political action. Call “utopianism” the view that reflection on the idea of a just society plays an important role in the theory (...) of justice. Call the view that combines the two positions, “utopian practicalism”. On this view, reflection on the nature of a just society has an important role to play in guiding action. There would appear to be two ways to depart from this position: by rejecting the view's utopianism or its practicalism. So we find in the literature three broad camps: utopian practicalists, anti‐utopians, and anti‐practicalists. This essay provide an opinionated overview the ongoing debates between these three broad positions. It touches on the recent cases against practicalism by G.A. Cohen and David Estlund, the comparativist methodologies advocated by anti‐utopians such as Amartya Sen and Gerry Gaus, and systems failure approaches of Elizabeth Anderson and David Wiens. It also considers the recent development of novel utopian practicalist perspectives in the work of theorists including Erik Wright, Tommie Shelby, Lea Ypi, Pablo Gilabert, and Ben Laurence. (shrink)

Political protests involving clashes with police are often delegitimized by governments for using “uncivil” and “violent” means. Drawing on a creative video clip made by a group of Gezi protestors, this paper theorizes an alternative response, which refuses the dichotomy between peaceful and violent struggles and instead seeks to transform the field of judgement. The protestors in the clip, by echoing a verse originally written by poet Cemal Süreya, reconstruct destructive activity – breaking billboards – playfully and detached from its (...) presumed ends. Placing their performances in conversation with Giorgio Agamben’s theory of mediality – means without end – I argue that the clip reconstructs political action in play-form, corroding the significance of the means-ends relationship. In doing so, it frustrates the usual grounds of judgement within which the meaning and value of protest activities are arbitrated. (shrink)

Kant infamously opposes not only revolution but also any resistance or disobedience by citizens that aims to compel states to reform themselves. This paper argues that, in fact, the Kantian account of the legitimate state has the resources for a distinctive justification of principled disobedience, including even violent or destructive resistance, that applies to citizens of contemporary Western democracies. When a state fails to enforce the law equally, this lack of equal enforcement can deprive some citizens of the equal assurance (...) of the security of their rights that, on the Kantian account, forms part of the very basis of the state’s claim of legitimate authority. This failure of equal enforcement of the law will thus be a defect of legitimacy and, as a result, those citizens may engage not only in civil disobedience but also in uncivil disobedience, even violent or destructive resistance, in order to compel the state to reform itself. In this context, such disobedience or resistance will count as furthering rather than undermining the project of governance by legitimate law. (shrink)

The belief that people convicted of crimes deserve punishment is commonplace. Yet the punitive conception of individual responsibility commonly associated with ‘just deserts’ exaggerates the moral meaning of criminal guilt, normalizes excessive punishment, and distracts from shared responsibility for social injustice. The problem is, many people who get caught up in the criminal justice system cannot reasonably be thought to deserve their fate. Mental illness, intellectual disability, addiction, trauma, and poverty are morally mitigating factors when it comes to assessing how (...) blameworthy a person is for criminal behavior. But with the exception of extreme forms of mental illness that fall into the very narrow legal category of ‘insanity,’ people who struggle with serious difficulties are not treated as less blameworthy by the criminal justice system. The criteria of legal guilt does not match up well with the moral concept of blameworthiness.The solution might seem to be somehow to refine legal practice to make blame more context-sensitive, but I argue that rather than try to revise our criminal justice practices to fit better with common notions of blame and desert, we should get out of the public blaming business altogether. A determination morally to condemn individual offenders is not helping us to resolve the disaster of mass incarceration or the problems faced by returning citizens. It does not help us to see clearly the connection between crime and other problems of social injustice, like poverty, lack of mental health care, drug addiction, racial discrimination, and violence. Were we to be less fixated on individual responsibility, and more cognizant of our shared responsibility to treat all members of society as equal persons, entitled to the same basic rights, liberties, and opportunities, we might be in a better position to work collectively to address problems of social injustice that contribute to the problem of crime. (shrink)

Advocates of gentrification regard it as a strategy of urban rehabilitation. Critics see in it the displacement of people from old neighborhoods, the polarizing of communities and both the expression and exacerbation of existing inequalities. Within political theory, assessments of gentrification have engaged primarily in evaluating gentrification’s benefits (rehabilitation) and burdens (displacements). In this paper, I argue gentrification is best understood as a relationship of domination between, on the one hand, the producers and consumers of gentrification, connected to one another (...) by a state-administered legislative apparatus that both commodifies land and makes it available as a consumable product, and on the other, all those individuals who are outside of that relationship, but who must nevertheless live in the shadows it casts. Focusing on how the boons of rehabilitated urban space can be weighed against the burdens assumed by displaced people is thus beside the point: domination is baked into gentrification as a strategy of capitalist urban development and should therefore be rejected. (shrink)

Why does institutional police brutality continue so brazenly? Criminologists and other social scientists typically theorize about the causes of such violence, but less attention is given to normative questions regarding the demands of justice. Some philosophers have taken a teleological approach, arguing that social institutions such as the police exist to realize collective ends and goods based upon the idea of collective moral responsibility. Others have approached normative questions in policing from a more explicit social-contract perspective, suggesting that legitimacy is (...) derived by adhering to (limited) authority. This article examines methodologies within political philosophy for analyzing police injustice. The methodological inquiry leads to an account of how justice constrains the police through both special (or positional) moral requirements that officers assume voluntarily, as well as general moral requirements in virtue of a polity’s commitment to moral, political and legal values beyond law enforcement and crime reduction. The upshot is a conception of a police role that is constrained by justice from multiple foundational stances. (shrink)

Anti-natalism is the view that persons ought morally to refrain from procreation. We offer a new argument for a principled version of anti-natalism according to which it is always impermissible to procreate in the actual world since doing so will violate the right to physical security of future, created persons once those persons exist and have the right. First, we argue that procreators can be responsible for non-trivial harms that befall future persons even if they do not cause them and (...) if the harms are temporally delayed, provided the harms are reasonably foreseeable by procreators. For example, consider a case in which we can create a person in a room that is dangerously aflame. It would be wrong to do so since, once the person exists, they have a right that we avoid being morally responsible for unjust harms to them, and the fire in which we created them is one such unjust harm. Second, we argue that procreators are responsible for unjust harms that befall their children, since many non-trivial physical harms (e.g. broken bones, lower respiratory illnesses) are reasonably foreseeable by procreators. Thus, parents wrong their children by creating them. Third, we argue that procreators are also responsible for the unjust harms their children commit against others, since it is reasonably foreseeable that every person will inflict unjust, non-trivial physical harms on someone else. But this is worse since parents thereby share in their child’s future culpable intent. Finally, we consider a number of objections to anti-natalism and argue that none of them succeed against anti-natalism generally or against our argument grounded in the right to physical security. (shrink)