The men who talk most about the valor of Lee and of the blood of the brave Confederate dead are those who never smelt powder or engaged in battle. Most of them were at a table, either on top or und...

Colonization is still present in the lives of Indigenous people in North America, and the threats it underwrites—the possibility of losing federal recognition, the failure to investigate the cases of murdered and missing Indigenous women and girls, and the constant challenges to the Indian Child Welfare Act —comprise the day-to-day demands in Indian Country. While allies in the fight against modern-day colonialism would be welcome, the previous failings and insincerities of putative allies and the existence of an ally industrial complex (...) make it difficult to be a contemporary ally to Indigneous people. In this paper, I address the difficulties associated with allyship and discuss why being an active bystander is not sufficient for the needs of Indigenous people in North America. Taking the lessons learned from the actions of Veterans Stand for Standing Rock and Black Lives Matter during #NODAPL, I present some features of a decolonial ally. A decolonial ally is willing to stand in a relationship with Indigenous people, will seek out this relation while recognizing their privilege and affirming the sovereignty of those they seek to serve, and above all, will learn about the people independently, without imposing a burden on marginalized communities. Given that Indigenous people worldwide face similar colonial threats, I conclude by offering some points for future research regarding global Indigenous allyship. (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)

Many business leaders vigorously and single-mindedly pursue bottom-line outcomes with the hope of producing superior results for themselves and their companies. Our study investigated two drawbacks of such leader bottom-line mentality. First, based on leaders’ power over followers, we hypothesized that leader BLM promotes unethical pro-leader behaviors among followers. Second, based on cognitive dissonance theory, we hypothesized that UPLB, and leader BLM via UPLB, increase turnover intention among employees with a strong moral identity. Data collected from 153 employees of various (...) organizations supported our hypotheses. In particular, leader BLM was positively related to followers’ UPLB. Further, for employees with a stronger moral identity: UPLB was positively related to turnover intention; and leader BLM was related to turnover intention via UPLB. (shrink)

This article explores left critiques of neoliberalism in light of the Black Lives Matter movement’s recourse to the notion of ‘racial capitalism’ in their analyses of anti-Black oppression. Taking a cue from BLM, I argue for a critical theory of racial capitalism that historicizes neoliberalism within a longue durée framework, surfacing racialized continuities in capitalism’s violence. I begin by revealing how neo-Marxist and neo-Foucaultian approaches to neoliberalism, particularly that of David Harvey and Wendy Brown, respectively, partition race from the workings (...) of contemporary capitalism. Such analyses obscure neoliberalism’s differential impact on non-white racialized populations, while simultaneously casting anti-racist struggles as divisive. In contrast, I then trace how the Movement for Black Lives policy platform invokes Cedric Robinson’s work on racial capitalism, investigating the utility of this framework for the movement’s demands. Building on BLM’s turn to the concept of racial capitalism, I finally offer an outline of a critical theory of racial capitalism to better theorize neoliberalism. By historicizing neoliberalism within racial capitalism’s historical arc, such a theory unravels the qualitatively different mechanisms through which racialized populations are pressed into circuits of capital accumulation. It also paves the way to move past the entrenched class-versus-identity debate on the American left. (shrink)

A common early narrative that arose as people struggled to cope with their new lives under COVID-19 centered on a platitude about the pandemic being “the great leveler.” But the pretense that we are equally vulnerable—or that we’re “alone together” across lines of race, gender, and class—was a comforting lie. Chronicling the timeline of media talking points seen over the past few months, I argue that social privilege continues to structure the narratives many people use to process life under the (...) pandemic, even while material conditions are much worse for those not in charge of these narratives. At the same time, however, I argue that the pandemic might be setting the stage for genuinely new collective responses to social inequalities, including the long-overdue uprisings inspired by the Black Lives Matter movement. (shrink)

When people respond to chants of “Black lives matter” with “All lives matter” or excoriate Colin Kaepernick for being “anti-military” or “anti-American” when he sits or kneels during the playing of the national anthem, there appears to be a break in understanding. BLM protestors and Kaepernick understand their actions and messages in one way, detractors in quite a different way. This presents an interpretive challenge. In this essay, I aim to explore the nature of this interpretive challenge by illuminating the (...) various obstacles that leave us without understanding. I will refer to such breaks in understanding as hermeneutical impasses. First, I sketch a taxonomy of hermeneutical impasses. I then discuss various ways of describing the notion of ‘understanding’ that may be at issue in impasses. Next, I discuss the relation between power and hermeneutical impasses, showing some of the ways power relations constrain our discursive practices. I conclude by arguing the structures of our environment make hermeneutical impasses difficult to avoid, if not inevitable. (shrink)

ABSTRACT Studies on bottom-line mentality suggest that an exclusive focus on bottom-line outcomes has detrimental consequences; however, it is not clear when this leads to negative outcomes. This study examines the role of supervisors’ BLM in fostering workaholism in subordinates. These supervisors, by creating a bottom-line driven environment, may intensify workaholism, leading to workplace cheating behavior. However, not all subordinates react in the same manner. We theorize that the positive relationship between supervisor BLM and workplace cheating behavior through workaholism is (...) strengthened when the psychological entitlement is high. The moderation-mediation model was tested with data from 193 employees working in various industries. Our findings demonstrate that under conditions of high psychological entitlement, workaholism resulting from supervisor BLM leads to workplace cheating behavior. Implications of these findings have been discussed. (shrink)

Following the murder of George Floyd, the Black Lives Matter-movement (BLM) took to the streets to protest against institutional racism. In these protests, one could often hear the slogan “No Justice, No Peace”. Drawing on legal theory, speech act theory and phenomenology, this article investigates what kind of justice and peace are called upon and how the slogan functions as a claim addressed to the legal order. First, the article shows that the rule of law provides a comprehensive normative framework (...) to evaluate what went wrong during the arrest of George Floyd. Second, the article maintains that the slogan should be understood as a passionate utterance in the sense of Stanley Cavell. Finally, drawing on a responsive phenomenology of legal order inspired by the work of Bernhard Waldenfels, the article concludes that the slogan is an extraordinary claim questioning the legal order, showing its contingent origins. (shrink)

What does it mean to see someone as human, as a member of humankind? What kind of call for justice is it to demand that a group be seen as human beings? This article explores a fundamental kind of injustice: one of perception and how we respond to our perceptions. Drawing on Cavell, Wittgenstein and Rancière, we elucidate “soul blindness” as a distinct and basic form of injustice. Rancière’s police orders and Cavell’s soul blindness are mutually constitutive; the undoing of (...) police orders entails a politics of soul dawning. Soul dawning entails acknowledging the humanity of others without erasing difference. In the concluding section, we consider white obliviousness to the Black Lives Matters movement as a case of soul blindness. Part of the political import of BLM is its capacity to illustrate how practices of soul blindness in the United States constitute whiteness in a racialized police order. (shrink)

Following the murder of George Floyd, the Black Lives Matter-movement (BLM) took to the streets to protest against institutional racism. In these protests, one could often hear the slogan “No Justice, No Peace”. Drawing on legal theory, speech act theory and phenomenology, this article investigates what kind of justice and peace are called upon and how the slogan functions as a claim addressed to the legal order. First, the article shows that the rule of law provides a comprehensive normative framework (...) to evaluate what went wrong during the arrest of George Floyd. Second, the article maintains that the slogan should be understood as a passionate utterance in the sense of Stanley Cavell. Finally, drawing on a responsive phenomenology of legal order inspired by the work of Bernhard Waldenfels, the article concludes that the slogan is an extraordinary claim questioning the legal order, showing its contingent origins. (shrink)

Rita Floyd’s "The Morality of Security: A Theory of Just Securitization" is an important and insightful book that delineates a theory of just securitization (modified from the jus ad bellum and jus in bello criteria in just war theory) involving three sets of principles governing the just initiation of securitization, just conduct of securitization, and just desecuritization. This book is a much-needed addition to the security studies and just war scholarship. -/- Here, I explore the potential of Floyd’s just securitization (...) theory (JST) to provide insights into the moral justifiability of non-state groups that are not political entities engaging in resistance against forms of structural violence that pose an existential threat to those groups. Using the case study of the Black Lives Matter (BLM) movement and the threat of white supremacy to African Americans as an illustrative example, I argue that structural forms of violence can meet Floyd’s definition of an objective existential threat, justifying the resort to securitization by groups such as BLM. (shrink)

In response to its current crisis, scholars call for the revitalisation of democracy through democratic innovations. While they make ample use of life metaphors describing democracy as a living organism, no comprehensive understanding of ‘life’ has been established within democratic theory. The Black Lives Matter (BLM) movement articulates the urgency of refocusing on life and its meaning through radical democratic practice. This article employs a grounded theory approach, enriched with participatory methods, to develop a radical democratic concept of life in (...) conversation with BLM. It conceptualises life as the existence of a perspective that constantly transforms through its fundamental interconnectedness. Building on this concept, the article outlines four principles of a living democracy that go beyond the revitalisation discourse. A living democracy (1) safeguards the existence of all humans and nonhumans, (2) nurtures a diversity of perspectives, (3) fosters social and planetary connectivity, and (4) enables self- and collective transformation. (shrink)

This article attends to the intimate contradictions that differentially shape and limit caring capacities and relations in a violent world, and the embodied ethical and political transformations at the heart of learning to care otherwise. From manifestos calling for ‘universal care’ in defiance of the state-sanctioned horrors of the pandemic era, to the abolitionist politics of care developed by BLM organizers through movement building and healing, and the proliferation of mutual-aid infrastructures to meet needs and distribute resources in the face (...) of overwhelming crisis and neglect—these examples and so many others illustrate with undeniable clarity that radical care is finally on the agenda. In what follows, I hope to contribute to this urgent conversation by pointing to how care is shaped in fundamentally contradictory ways under conditions of entrenched structural violence, and the limitations of normative frameworks when confronting this reality. To unambiguously valorize care in ethical and political life is to risk occluding the constitutive violence of existing social structures and norms, its impact on the intimacies of caring relations, and ultimately the ways that communities mobilize alternate economies and practices of care towards healing and social change. While it is crucial to value care and work for a more caring society, I claim that efforts to transform patterns of relational harm and develop new sensibilities should also be highlighted as integral components of radical caring praxis. (shrink)

Hatred As A Sign Of Life. We've seen a lot of this in the last year, in the last four to five years, in fact. So much hatred that people were willing to risk their lives rather than wear a mask to protect themselves (and others) from COVID-19.So much hatred against them... against the other... against those others.If nothing else, this past year made strikingly visible the divides that exist in the United States, and yet the nature of the major (...) divide remained unspoken.It is not race; it is socioeconomic class.Race is the smoke and mirrors used to hide the class disparities that exist. The truth is really very simple. For every black, urban member of the poor, there are several white members of the rural poor who are wondering why they are not getting as much attention. Members of the (predominantly white and middle- to upper-class) intelligentsia are so focused on not being racist that they don't see how prejudiced they are against the poor. We see a black student and think “Poor kid! All the prejudice he or she has faced!” We fail to see the poverty in a white face. We also fail to see wealth in a black face.I once had a black student come to my office in a fury. A professor had told her that she wrote well, “all things considered,” which she took to mean that she wrote very well for a black student. I believe her interpretation was correct. Why was she upset? Because both of her parents were lawyers. Of course, she knew how to write! One assumes that all children of lawyers know how to write—regardless of skin color. Apparently, there was doubt about the existence of black lawyers.Furthermore, we shouldn't talk about white privilege. As many whites will point out, they're white, but they're not privileged. This term is part of why Clinton failed so miserably in 2016. The truth is that it's wealth privilege. You may disagree with this. But it's the inability to see the suffering of poverty in rural white communities that led to the creation of Trump supporters. I know that middle-class and wealthy people (black and white) also supported Trump, but not for the same reasons as the white rural poor. The white rural poor had had enough.Moreover, when you make the comparison by the right measures, you find that blacks and whites of the same socioeconomic class have the same rates of college graduation, the same rates of employment, and the same leverage of wealth and class. A black kid from West Philly has nothing in common with the black wealthy elites that summer at Oaks Bluff on Martha's Vineyard. That black kid has more in common with the poor “white trash” kid from Alabama who also can't afford the opportunity costs that go with attending college.Until we own up to the problem of socioeconomic class, we will face continued trouble in the United States. Let us be honest with ourselves. The “problem of race” in the United States is about economics. The notion of reparations is about money. The idea that most black families have not acquired as much wealth as some white families is a matter of money. It's not a “problem of race” per se. It's the problem that your skin color may be making it hard for you to make money. Well and good. But being white does not ipso facto help you to make money either. I hate to break it to people, but not all white people are wealthy. White privilege gives off the impression that they are.For every force, there is an equal and opposite force. For every BLM protester, there is somewhere in the hinterland a Proud Boy. For every window smashed by looters, evidence increased that the Capitol needed to be retaken from the powers that be because they were leading our nation astray. For every black person shot illegitimately by police, the white rural poor could name a white person shot for equally illegitimate reasons. I've often wondered why the black urban poor get so much attention. I think it's because they are closer to the TV stations that create our reality.Hatred is usually a product of fear. If whites fear blacks, it's because they fear that blacks will do unto them what they did unto blacks. But they are also jealous—another primeval source of hatred. Why is their poverty and pain being ignored? Was it only made visible by the opioid epidemic?Johnson's “War on Poverty” was never won. Urban renewal renewed nothing. But race is the cause célèbre du jour. Perhaps by this time next year, it won't be. But the fear will remain. Fear of the Other. Jealousy of the Other. Hatred toward the Other. Such hatred can turn into violence at the drop of a hat. Ask the Russians. Ask the Chinese. We don't want a race war, if only because blacks are easier to pick out in a crowd than Jews. It would end very badly. If you want to prevent the race war, solve the poverty problem. Then peace and justice can—even if only in a limited sense—prevail. This is a better kind of life than one based on hatred. We must ignore the dog whistle of race. Instead, we must focus on the numbing reality of poverty. Everybody's poverty. (shrink)

Drawing on theoretical work on humans’ adaptive capacity, we propose that supervisors’ perception of top management’s high bottom-line mentality (BLM) has a dysfunctional effect on their ethical leadership practices. Specifically, we suggest that these perceptions hinder supervisors’ empathy, which eventuates in less ethical leadership practices. We also investigate, in a first-stage moderated mediation model, how supervisors high in trait mindfulness are resistant to the ill effects of perceptions of top management’s high BLM. Supervisors high (versus low) in this trait are (...) less likely to respond to perceptions of top management’s high BLM with reduced empathy that then hinders ethical leadership. Results from a multi-wave, multi-source sample of working adults from the Chinese high technology industry provide general support for our theoretical model. Theoretical and practical implications are discussed. (shrink)

Drawing on theoretical work on humans’ adaptive capacity, we propose that supervisors’ perception of top management’s high bottom-line mentality (BLM) has a dysfunctional effect on their ethical leadership practices. Specifically, we suggest that these perceptions hinder supervisors’ empathy, which eventuates in less ethical leadership practices. We also investigate, in a first-stage moderated mediation model, how supervisors high in trait mindfulness are resistant to the ill effects of perceptions of top management’s high BLM. Supervisors high (versus low) in this trait are (...) less likely to respond to perceptions of top management’s high BLM with reduced empathy that then hinders ethical leadership. Results from a multi-wave, multi-source sample of working adults from the Chinese high technology industry provide general support for our theoretical model. Theoretical and practical implications are discussed. (shrink)

This chapter examines what protest is from the point of view of pragmatics, and how it relates to propaganda—specifically what Jason Stanley calls ‘positive propaganda.’ It analyzes the phrase “Black Lives Matter,” taking it to be a political speech act that offers a unique route to understanding of the pragmatics of protest. From this, it considers the moral-epistemological function of protest, and develops an account of the authority that protest, as a speech act, both calls upon and makes explicit. It (...) then argues that, rather than simply its effects, it is protest’s distinct pragmatic features—that is, its entitlement conditions, and the uptake it aim at—that best capture its important moral, political, and epistemic elements. It therefore rejects the idea that protests are paradigmatic examples of ‘positive propaganda,’ because the propaganda model cannot capture protests’ function of foregrounding the socially located moral authority of the protestor. (shrink)

The social media platform Twitter platform has played a crucial role in the Black Lives Matter (BLM) movement. The immediate, flexible nature of tweets plays a crucial role both in spreading information about the movement’s aims and in organizing individual protests. Twitter has also played an important role in the right-wing reaction to BLM, providing a means to reframe and recontextualize activists’ claims in a more sinister light. The ability to bring about social change depends on the balance of these (...) two forces, and in particular which side can capture and maintain sustained attention. The present study examines 2 years worth of tweets about BLM (about 118 million in total). Timeseries analysis reveals that activists are better at mobilizing rapid attention, whereas right-wing accounts show a pattern of moderate but more sustained activity driven by reaction to political opponents. Topic modeling reveals differences in how different political groups talk about BLM. Most notably, the murder of George Floyd appears to have solidified a right-wing counter-framing of protests as arising from dangerous “terrorist” actors. The study thus sheds light on the complex network and rhetorical effects that drive the struggle for online attention to the BLM movement. (shrink)

Japanese constructions of whiteness have been shaped by mainstream media and popular culture, which both reproduces and localizes the western discourse of whiteness. At the same time, the growth of the internet, social media, and online culture have exposed Japan to contentious debates in the United States (and elsewhere) concerning racial representation, race-switching, and diversity, as well as providing a platform for Japanese to reexamine contemporary Japanese racial attitudes. This chapter explores the impact that the discourse of representation and diversity (...) in the United States, the Black Lives Matter (BLM) movement, and demographic changes, particularly the growth of diasporic African communities in Japan since the 1980s, have had on Japanese perceptions of “whiteness,” “blackness,” and “Japaneseness.”. (shrink)

Recent studies on non-dominant or minority groups have begun to look at how their members reconstruct resistance, sculpt a positive identity for themselves and engage in solidarity formation for group empowerment. The present study contributes to this growing scholarship by examining the Black Lives Matter (BLM) movement’s use of Twitter to promote an emancipatory agenda for Black communities/people. Based on the tweets produced by the BLM movement, I analyze various discursive mechanisms utilized by the movement to resist institutional oppression and (...) systemic racism with vehemence, while advocating freedom, liberation and justice for Black people. Three discursive strategies were identified: (1) critiquing oppressive institutions and systemic racism, (2) denouncing white supremacy and redefining demeaning racial narratives and (3) calling out racist attitudes and commending people who oppose such behavior. Through these strategies, the BLM movement amplifies the voice(s) of Black people and moves issues concerning their development, progress and welfare from the margins to the center. The paper illustrates the agentive power of discourse to stimulate action towards social change. (shrink)

El objetivo de este trabajo es valorar el reciente proyecto de Jeriy Fodor consistente en combinar una semántica informacional para el lenguaje del pensamiento y una teoría computacional de los procesos mentales. Examinamos, en primer lugar, una noción central en la obra de Fodor: la noción de "mecanismo". Defendemos entonces que, al menos para los llamados "casos-Frege", la propuesta de Fodor en The Blm and tite Expert (1994) no es satisfactoria.

Philosophy & Social Criticism, Volume 48, Issue 7, Page 956-976, September 2022. This article explores the role of practical political theory in the Black Lives Matter movement. I argue that BLM represents a multifaceted engagement with the complicated politics of redemption that lies at the heart of American democracy. In one sense, BLM stands for the integration of black life into the framework of political value, and thus for a redemption of the promise of ‘justice for all’. In another, it (...) is a challenge to the principles themselves, viewing justice as a threat to be managed, rather than as a principle to be redeemed. Exploring the praxis of this movement, organized both against and within the possibility of redemption, will enable us to more effectively characterize the limitations of a politics grounded in the theorization of justice and generate a richer understanding of the possibility for practical political theory to simultaneously employ and critique the politics of redemption. (shrink)

We argue that dominant white cultural views and public health co-produce race as a technology that charts the path of viral transmission away from the white bodies to form a trajectory for an otherwise aimless disease. This epistemological project is one enmeshed in popular culture, medical practice, and biopolitics. COVID-19 and the related Black Lives Matter (BLM) movement work together to make visible the narrative technologies. This project contributes to understanding race and public health as co-constituted in ways that shape (...) imaginative possibilities, material and agential realties, and health outcomes in light of COVID-19. Our argument is novel in naming race a technology of American public health and taking up Coeckelbergh and Reijers’ call for a normative theory of narrative technology. We extend Coeckelbergh and Reijers’ narrative technologies to include race, a narrative artifact, co-produced by biology, public health, and individual actors. (shrink)

This study investigates the developmental pattern and relationships between oral narrative textual skills, spelling, and written narrative textual skills in monolingual and bilingual language-minority children, L1-Chinese and L2-Italian. The aims were to investigate in monolingual and BLM children: the developmental patterns of oral and writing skills across primary school years; the pattern of relationships between oral narrative textual competence, spelling skills, and written narrative textual competence with age and socio-economic status taken under control. In total, 141 primary school children from (...) grades 2 to 5 in Central Italy aged between 7 and 11 years obtained scores for oral and written narrative textual competence, spelling accuracy in dictation, and written texts. One-way ANOVA and ANOVA with robust method analyses and Bonferroni’s correction showed that BLM children had poorer spelling skills in dictation and written narrative textual competence than their monolingual peers. After preliminary correlation analysis, the results of hierarchical regression showed that the relationship between oral and written narrative textual competence is completely mediated by spelling accuracy in BLM children. These results suggest that adequate performance in written narrative textual competence depends on adequate spelling accuracy in writing stories. The Sobel test verified the power of this mediation. In monolinguals, the strongest predictor of written narrative textual competence is oral narrative textual competence. This relation is stronger in older children whose spelling skills are automatized. The identified pattern of relationships shows a complex network of oral and written processes. The scarce spelling skills characterizing BLM children may explain why spelling skills determine a low written narrative textual level. Scarce spelling skills absorb cognitive resources, hindering high-level cognitive processes that regulate narrative production. In monolinguals, the medium of writing does not impact narrative textual competence. Children’s oral narrative textual competence easily transfers into their written narrative productions. These findings have implications for the assessment and instruction of literacy skills in young BLM children and their monolingual peers. (shrink)

The functions of the Bloom syndrome helicase and its orthologs are well characterized in mitotic DNA damage repair, but their roles within the context of meiotic recombination are less clear. In meiotic recombination, multiple repair pathways are used to repair meiotic DSBs, and current studies suggest that BLM may regulate the use of these pathways. Based on literature from Saccharomyces cerevisiae, Arabidopsis thaliana, Mus musculus, Drosophila melanogaster, and Caenorhabditis elegans, we present a unified model for a critical meiotic role of (...) BLM and its orthologs. In this model, BLM and its orthologs utilize helicase activity to regulate the use of various pathways in meiotic recombination by continuously disassembling recombination intermediates. This unwinding activity provides the meiotic program with a steady pool of early recombination substrates, increasing the probability for a DSB to be processed by the appropriate pathway. As a result of BLM activity, crossovers are properly placed throughout the genome, promoting proper chromosomal disjunction at the end of meiosis. This unified model can be used to further refine the complex role of BLM and its orthologs in meiotic recombination. In meiotic recombination, Blm utilizes its helicase activity to disassemble early recombination intermediates, thereby retaining a pool of recombination sites from which some can be selected to enter the Class I crossover pathway while simultaneously promoting SDSA and preventing the use of the Class II pathway. (shrink)

A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as manifestations of human flourishing. Scholars typically contrast virtue ethics with deontological and consequentialist moral theories, tracing virtue-centered analysis to ancient Greek philosophers, and in particular to Aristotle. Virtue ethics has experienced a (...) revival over the past 65 years; but, long before that, it proved especially influential in Catholic moral thought, particularly through the work of Aquinas. Perhaps relatedly, scholars have seized on virtue jurisprudence to defend a range of politically conservative positions, such as originalist constitutional interpretation and the propriety of utilizing the law to regulate ostensibly “private” immoralities. This Article reveals the radically underappreciated progressive promise of virtue jurisprudence. Virtue jurisprudence requires no religious commitments whatsoever, but a strong version entails acceptance of the moral significance of developing one’s character—both within and without the law. On a compelling understanding of the virtues, rejecting a state of perpetual disadvantage under the law is a meaningful marker of the virtue of self-respect, and a repudiation of the vice of servility that would otherwise be imposed by the legal system itself. Thus, contrary to the predominant tenor of research on the subject, virtue jurisprudence can ground significant resistance to—and even defiance of—the law. In making this argument, the Article also draws novel connections between virtue jurisprudence and literature on (inter alia) race, feminism, and sexual orientation to reveal the unnoticed potential of virtue jurisprudence to push forward work in those and related areas. At a time when massive and widespread protests across the United States reflect a groundswell of support for overturning certain long-standing, legally-ingrained, systemic disadvantages of people of color, many might be surprised to learn that virtue jurisprudence can serve as a potent theoretical ally. (shrink)

Abstract: Reflecting on the practice of being a Spinoza scholar and Spinozist in Trump's Pandemic America, I argue that we can find consolation in Spinoza's insistent norm -- to understand rather than to blame, to banish free will as explanans so we can fully understand the explanandum. Just as Boethius reflected on human misunderstanding of luck, so Spinoza teaches that we need, in moments of despair, to look not to superstition, but to the recognition of the causal forces that yield (...) our triumphs and failures, and to understand them. While we are unmoored in the chaos of Trump's America, in the joyful expression of popular emancipatory power in the Black Lives Matters mass demonstrations and marches through American cities and suburbs, and the nightly horror of demonstrators murdered by police, I reach back to another moment of chaos with liberatory and nightmarish potential -- the years just after the U.S. Civil War described in Leaves of Grass. We can find Spinozist moments in Whitman's poem and philosophical memoir -- a kind of American Spinozism. As he travels among the horrors and the new possibilities of American life, Whitman insists on seeing and feeling the world as it is -- terrible, wonderful, in all its fleshy imperfection, while finding hope in these same flawed particulars. In 2020, Trump's America, Spinoza and Spinozism are not just relevant, are not just consolations in the Boethian sense, but they are essential epistemic survival tools for a world quite obviously in motion. (shrink)