An analysis of the case for reparations for American chattel slavery.

This article considers Ottobah Cugoano’s philosophical response to the moral and legal contradictions of the practice of human trafficking in his Thoughts and Sentiments on the Evil and Wicked Traffic of the Slavery and Commerce of the Human Species (1787). It analyses Cugoano’s critique of the origins of slavery in general and the practices of ancient slavery, from which seventeenth-century proslavery advocates drew political, theological, and moral justifications of the African slave trade. According to Cugoano’s analysis, there (...) is a necessary moral dependency of the laws of civilization (positive law) on natural law. This distinction has significant philosophical and ethical ramifications that extend beyond the debate over abolition in Cugoano’s time, specifically ramifications for conceptions of slavery in the early modern tradition of natural law theory. (shrink)

According to an oft-repeated narrative, while Kant maintained racist views through the 1780s, he changed his mind in the 1790s. Pauline Kleingeld introduced this narrative based on passages from Kant’s Metaphysics of Morals and “Toward Perpetual Peace”. On her reading, Kant categorically condemned chattel slavery in those texts, which meant that he became more racially egalitarian. But the passages involving slavery, once contextualized, either do not concern modern, race-based chattel slavery or at best suggest that (...) Kant mentioned it as a cautionary tale for labor practices in Europe. Overall, Kant never explicitly considered chattel slavery as a moral problem to be addressed on its own. Rather, he treated it primarily in terms of its function in human history. If he ended up expressing some qualms about its practices, it was likely because they threatened to deepen intra-European conflicts and undermine the prospect of perpetual peace. The humanity of the enslaved “Negroes” was never part of the reasoning. This was not a casual oversight on Kant’s part. It reflects the complexity of his philosophical system: everything he did or did not say about chattel slavery begins to make sense once we connect his philosophy of history and his depiction of “Negroes” as natural slaves. (shrink)

In the 1780s through the end of 1790s, Kant made various references to slavery (in its different forms) and the transatlantic slave trade in the context of his political philosophy or philosophy of right; he thereby had opportunities to speak in favor of abolitionism, which was gaining momentum in parts of Europe, or at least to articulate a normative critique of the race-based chattel slavery or Atlantic slavery and the associated slave trade qua (legalized) INSTITUTIONS; but (...) he did neither. Why? In raising and seeking an answer to this question, I am not interested in what Kant’s normative silence about the institutions of Atlantic slavery and slave trade may tell us about him as a person (for example, whether he was blinded by his own racist prejudices or whether he was affected by some kind of cognitive dissonance). Rather, I will focus on what it may tell us about certain limitations of his political philosophy, limitations that might have made it THEORETICALLY DIFFICULT for him to figure out exactly what to DO about those institutions as entrenched political realities. (shrink)

Leibniz puts forward an intriguing argument against the moral permissibility of chattel slavery in a text from 1703. This argument has three independent layers or sub-arguments. The first is that slavery violates natural rights. The second is that moral laws such as the principles of equity and piety oppose slavery, or at least severely limit the permissible actions toward slaves. The third and final layer is that slavery can at most be justified if the slave (...) is permanently incapable of conducting herself well. Yet, it is very doubtful that any actual human beings satisfy that description. This paper analyzes and evaluates Leibniz’s argument, which scholars have so far largely neglected. Even though some elements of the argument are not original to Leibniz, it is of considerable importance for the scholarship of early modern philosophy: it sheds light on Leibniz’s views not only on the moral status of slavery itself, but also on moral rights and obligations more generally. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Beyond Slavery: Overcoming Its Religious and Sexual Legacies Edited by Bernadette J. BrootenEboni Marshall TurmanBeyond Slavery: Overcoming Its Religious and Sexual Legacies EDITED BY BERNADETTE J. BROOTEN New York: Palgrave Macmillan, 2010. 352 pp. $30.00In her introduction to this edited collection of essays, Bernadette Brooten asserts that religion has long been complicit in the construction and practice of the logic of human enslavement. She provocatively claims (...) that religion and the racial and sexual norms that emerge from religious inquiry have historically [End Page 236] designated women and other bodies that defy white male normativity as inherently “slaveable.” She further contends that the religious and sexual legacies of slavery are not relegated to a moment in time, now past and gone. Rather, contemporary society is the heir of a flesh-and-blood hierarchy that continues to shape its “social values, religious thought, and economic realities” (3). The remnants of enslavement persist among human communities not only as a lived reality that, as Mende Nazer suggests in the epilogue, continues to threaten the lives and life chances of poor women and children throughout the world, but also as a blood memory—a recollection that runs so deep into the social fabric of our theopolitical worlds that in spite of slavery’s superficial obscurity, it remains as the pulse of human everydayness, lurking beneath the surface of daily exchanges.The insidious legacies of slavery that emerge from bigoted God-talk promote dehumanizing racial-sexual stereotypes, dictate the quality of marriage and intimate relationships, corrupt and exploit sexual expression, and drive the development of public policy and law in ways that disproportionately marginalize and disempower women and girls. Consequently, this volume proposes resistance and calls readers to communal action that renounces slavery in all its forms.In parts 2, 3, and 4, the essays detail the racial, religious, and sexual character of slavery by focusing on the experience of black women’s oppression in America. This focus on the varieties of black women’s enslavement—from legal chattel slavery and social-political bondage to incarceration—provides the groundwork for the volume’s subsequent engagement of Christian, Jewish, and Islamic law, which demonstrates how slavery and its concomitant assignment and rationalization of embodied inferiority has been primarily cultivated by sacred texts. In her essay, for example, Sheila Briggs explicitly connects religious belief and dehumanizing practices; she ingeniously links religious textual interpretation with the sexual violence of early Christian gladiatorial practices in ancient amphitheaters.In parts 5 and 6, the volume reintroduces the substance of slavery’s legacies by way of a historical survey that connects enslavement across social contexts. In linking Debra Blumenthal’s discussion of slavery in late medieval Spain and Catherine Clinton’s analysis of the racial hypocrisies of Thomas Jefferson and Strom Thurmond to the problem of the Bible and the oppression it yields for sexual minorities as uncovered by Sylvester Johnson, Brooten exposes the vast and prevailing scope of slavery that affects all of us—women and girls, men and boys, sexual minorities, and even those who dare to fall in love across racial boundaries. In parts 7 and 8, Frances Smith Foster and Dwight Hopkins directly engage the “herstories” of black women who are marked by the legacies of slavery and yet who have consistently resisted in creative and effective ways (271). [End Page 237]Undoubtedly, this volume is a critical contribution to the field insofar as it uncovers an enduring social issue that continues to influence how we engage each other across differences of race, gender, class, and sexuality. The breadth of its disciplinary scope proves to be overwhelming at times. Nonetheless, Brooten’s constructive method serves well to emphasize the titanic complexity of enslavement and the challenge of its demolition.Eboni Marshall TurmanDuke Divinity SchoolCopyright © 2014 Society of Christian Ethics... (shrink)

Plantation slavery in the New World, in particular its relationship to the emergence of capitalism in Europe and North America, has long been a subject of debate and discussion among historians and social scientists. While there are literally thousands of monographs studying various aspects of chattel slavery in the US South, the Caribbean and Brazil, only a handful of works attempt to provide a synthetic account of its rise and decline from the sixteenth through nineteenth centuries. Few (...) scholars, on the Left or Right, have made as profound a contribution to such a history as Robin Blackburn. Blackburn’s latest work, The American Crucible: Slavery, Emancipation and Human Rights, does not simply summarise and update his earlier work, but extends his analysis to the rise and decline of ‘second slavery’ in nineteenth-century Cuba, Brazil and the US South. The American Crucible provides a multi-causal explanation of the origins and abolition of New World plantation slavery, examining the complex interactions between the rise of capitalism, political crises in the metropolitan countries, the transformation of popular and elite attitudes toward slavery, and the struggles of the slaves themselves. However, Blackburn’s inability to grapple with the specific structure and dynamics of capitalist and slave social-property relations, and their changing historical relationship, weakens key elements of his analysis. (shrink)

Recent scholarship has shown chattel slavery in the Roman Empire to have been a deeply oppressive experience. Paul knew that reality well and used the language of slavery metaphorically in Galatians and Romans to describe humanity's subjection to sin. However, he also made a remarkable shift in his use of the metaphor to indicate a new form of slavery to God which brings freedom, thereby subverting conventional ways of understanding slavery.In Paul's sense, slavery is (...) an ineluctable part of human existence in which we have a choice of being a slave to sin or a slave to God. Becoming a slave means giving up all claims to status and relates to Christ's humble-mindedness in Philippians. The slave is also a model of faithfulness, comparable with God's faithfulness to Israel and Christ's faithfulness to the mission given him by his Father. Being a slave (in Paul's sense) is at the heart of the Christian life, exemplifying the ‘obedience of faith’, for it is through this faithfulness that we become righteous. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Beyond Slavery: Overcoming Its Religious and Sexual Legacies Edited by Bernadette J. BrootenEboni Marshall TurmanBeyond Slavery: Overcoming Its Religious and Sexual Legacies EDITED BY BERNADETTE J. BROOTEN New York: Palgrave Macmillan, 2010. 352 pp. $30.00In her introduction to this edited collection of essays, Bernadette Brooten asserts that religion has long been complicit in the construction and practice of the logic of human enslavement. She provocatively claims (...) that religion and the racial and sexual norms that emerge from religious inquiry have historically [End Page 236] designated women and other bodies that defy white male normativity as inherently “slaveable.” She further contends that the religious and sexual legacies of slavery are not relegated to a moment in time, now past and gone. Rather, contemporary society is the heir of a flesh-and-blood hierarchy that continues to shape its “social values, religious thought, and economic realities” (3). The remnants of enslavement persist among human communities not only as a lived reality that, as Mende Nazer suggests in the epilogue, continues to threaten the lives and life chances of poor women and children throughout the world, but also as a blood memory—a recollection that runs so deep into the social fabric of our theopolitical worlds that in spite of slavery’s superficial obscurity, it remains as the pulse of human everydayness, lurking beneath the surface of daily exchanges.The insidious legacies of slavery that emerge from bigoted God-talk promote dehumanizing racial-sexual stereotypes, dictate the quality of marriage and intimate relationships, corrupt and exploit sexual expression, and drive the development of public policy and law in ways that disproportionately marginalize and disempower women and girls. Consequently, this volume proposes resistance and calls readers to communal action that renounces slavery in all its forms.In parts 2, 3, and 4, the essays detail the racial, religious, and sexual character of slavery by focusing on the experience of black women’s oppression in America. This focus on the varieties of black women’s enslavement—from legal chattel slavery and social-political bondage to incarceration—provides the groundwork for the volume’s subsequent engagement of Christian, Jewish, and Islamic law, which demonstrates how slavery and its concomitant assignment and rationalization of embodied inferiority has been primarily cultivated by sacred texts. In her essay, for example, Sheila Briggs explicitly connects religious belief and dehumanizing practices; she ingeniously links religious textual interpretation with the sexual violence of early Christian gladiatorial practices in ancient amphitheaters.In parts 5 and 6, the volume reintroduces the substance of slavery’s legacies by way of a historical survey that connects enslavement across social contexts. In linking Debra Blumenthal’s discussion of slavery in late medieval Spain and Catherine Clinton’s analysis of the racial hypocrisies of Thomas Jefferson and Strom Thurmond to the problem of the Bible and the oppression it yields for sexual minorities as uncovered by Sylvester Johnson, Brooten exposes the vast and prevailing scope of slavery that affects all of us—women and girls, men and boys, sexual minorities, and even those who dare to fall in love across racial boundaries. In parts 7 and 8, Frances Smith Foster and Dwight Hopkins directly engage the “herstories” of black women who are marked by the legacies of slavery and yet who have consistently resisted in creative and effective ways (271). [End Page 237]Undoubtedly, this volume is a critical contribution to the field insofar as it uncovers an enduring social issue that continues to influence how we engage each other across differences of race, gender, class, and sexuality. The breadth of its disciplinary scope proves to be overwhelming at times. Nonetheless, Brooten’s constructive method serves well to emphasize the titanic complexity of enslavement and the challenge of its demolition.Eboni Marshall TurmanDuke Divinity SchoolCopyright © 2014 Society of Christian Ethics... (shrink)

The portrayal of the enslaved woman Fotis in Apuleius’ Metamorphoses exposes the intersection of gender, sexuality, and slavery. Apuleius’ novel allows a window into interactions beyond the relationship of slaveholder and the enslaved person over whom s/he claimed dominium. Centering Fotis in Apuleius’ narrative shows how a discourse of slavery worked: an enslaved woman is made present as a body that may be sexualized and surrounded with fantasies of sex and violence. The sexual episodes of Lucius and Fotis (...) reveal an aesthetic, facilitated by the system of slavery, of consuming bodies, watching bodies consumed by violence, and framing effacement and degradation as romance, an operation of power at the core of chattel slavery. (shrink)

dim light from the corridor without, a narrow window, barred and sunken in the stone, a grated door! Beyond its hideous iron latticework, within the ghastly walls, – a man! An old man, gray-haired and wrinkled, lame and suffering. There he sits, in his great loneliness, shut in front all the earth. There he walks, to and fro, within his measured space, apart from all he loves! There, for every night in five long years to come, he will walk alone, (...) while the white age-flakes drop upon his head, while the last years of the winter of life gather and pass, and his body draws near the ashes. Every night, for five long years to come, he will sit alone, this chattel slave, whose hard toll is taken by the State, – and without recompense save that the Southern planter gave his Negroes, – every night he will sit there so within those four white walls. Every night, for five long years to come, a suffering woman will lie upon her bed, longing, longing for the end of those three thousand days; longing for the kind face, the patient hand, that in so many years had never failed her. Every night, for five long years to come, the proud spirit must rebel, the loving heart must bleed, the broken home must he desecrated. As I am speaking now, as you are listening, there within the cell of that accursed penitentiary whose stones have soaked up the sufferings of so many victims, murdered, as truly as any outside their walls, by that slow rot which eats away existence, inch-meal, – as I am speaking now, as you are listening, there sits Moses Harman! (shrink)

This chapter discusses slavery in South Africa. Chattel slavery existed in early colonial South Africa from the inception of the Dutch permanent settlement in 1658 until formal emancipation of slaves in the British empire in the 1830s. More than 80,000 slaves were imported from throughout the Indian Ocean world during the seventeenth and eighteenth centuries. Although in the time of apartheid this slave heritage was buried in the public consciousness, since the 1990s museums, historians, and archaeologists have (...) unearthed and published a considerable historical record, endorsed by new heritage legislation which gives special value to sites of slavery. Slave history is taught in universities and schools. However, especially for those descended from slaves in the Western Cape region, the evocation of a slave past has been a vexed process, with slave heritage serving as both a resource and a weapon in contemporary identity struggles. (shrink)

For Jean-Jacques Rousseau, freedom functions as a foundational value for his entire political philosophy. Parallel to this emphasis is his deep and abiding condemnation of “slavery”, at least the slavery that he claims marked the social existence of his European contemporaries living under unrepresentative monarchical systems. However, the striking aspect of Rousseau's work is his virtually complete silence concerning the institution of chattel slavery of his day. Despite his ubiquitous condemnation of the “slavery” of his (...) “civilized” contemporaries, Rousseau wrote next to nothing about the actual enslavement of millions of people who pervaded the social landscape of the European–African–American triangle in the 18th century. In this paper, I trace out the various passages in Rousseau that could be seen as touching on the subject of contemporary slavery practices and show how very scant they were. I also discuss his views on the relation between climate, character, and persons' fitness for democratic forms of government (and hence freedom). I combine these points to draw particular lessons about the dangers of neglect and exclusion inherent in Rousseau's views of democratic freedom, suggesting how similar dangers lurk for contemporary visions of democracy inspired by his views. (shrink)

The identification of contemporary forms of slavery is often problematically demarcated by reference to transatlantic enslavement as the definitive archetype. Such an approach overlooks other historic slaveries and neglects the totality of the maangamizi—the African holocaust. This article addresses the problematics of positioning the transatlantic system as the paradigm and unpacks the constituent elements of de jure slavery to construct an understanding of slavery as a condition as well as a status. By identifying the core features of (...) de jure chattel slavery through time, this paper displaces the assumption that legal status is determinative, giving meaning to the concept of slavery in the contemporary world. (shrink)

In John Locke’s “Two Treatises of Government”, Locke defends a doctrine of universal rights along with a principle of liberty that rejects hereditary chattel slavery. While rejecting the practice of slavery at a theoretical level, Locke was nevertheless involved in ventures that show a commitment to the practice of slavery, e.g. his role in writing the “Fundamental Constitutions of Carolina”, a document sanctioning African slavery in Carolina. In contrast to recent interpreters who claim to reconcile (...) Locke’s stance on universal rights with his commitment to slavery, this paper argues that Locke’s view on slavery was, in fact, incongruous with his practical commitments outside of philosophy. While such a view raises a number of pedagogical problems, this paper argues that these can be attended to by giving greater attention to Locke’s view about the guidance that philosophy offers daily life. (shrink)

Using Peter Wirzbicki's Fighting for the Higher Law as its analytic starting, this review essay considers the place of antislavery in the developments of American philosophy. Wirzbicki considers the role of African American Transcendentalists and their appeal to a “higher law,” a concept articulated significantly by a diverse group of thinkers associated with Transcendentalism. By 1850, such thinkers appropriated aspects of British and continental idealism, especially the relationship between “understanding” and “Reason,” to aggressively attack human chattel bondage. In doing (...) so, they not only reflected the tenets of America's broader intellectual ethos (i.e., notions of democracy) but also cultivated the ground for philosophy in the postbellum period. (shrink)

Peace literacy shows why public philosophy and activism for peace and justice are better together while providing a practical framework designed to make the collaboration stronger and more effective. In this chapter, the authors begin with an overview of peace literacy and then show how it operates as an effective lens through which to read the strengths of various approaches to public philosophy and activism for peace and justice, from the eighteenth to the twentieth centuries and into the contemporary period. (...) Then, they turn to the development of peace literacy themes as we find them in the work of philosophers dedicated to publicly engaged activism for peace and justice, especially in American movements for the abolition of chattel slavery, anti‐war and nonviolence, and civil rights. (shrink)

Trauma and traumatization have arguably always been part of the human experience yet have in the last few decades come to occupy a prominent place in various popular and academic contexts. This chapter offers an interdisciplinary and comparative investigation of trauma and traumatization in different historical contexts. More specifically, my aim is to discuss whether the rich bodies of research in trauma and traumatization in Holocaust survivors and their descendants yield relevant insights for post-slavery contexts. It has been shown (...) that children of Holocaust survivors suffer from stress and other symptoms related to their parents’ traumatization which influence the interactions with their environments. Such results made me wonder whether the traumatic impact of chattel slavery—which has been abolished some 160 years ago—might have a similar impact, yet now across several generations. Issues of the transmission and current persistence of trauma are inherently linked to questions of social justice, recognition and reparations. This chapter is meant, however, as an exploration of interdisciplinary connections that should be studied in concert to account for the traumatic impact of historical and present day experiences. It starts by discussing the concepts of trauma and post-traumatic stress disorder. Continuing by exploring the phenomenon of the inter- and transgenerational transmission of trauma, it relies in part on the important body of research conducted on families of Holocaust survivors. I then turn to the much less researched ‘post-traumatic slave syndrome’ (DeGruy) and discuss two factors that might contribute to the transgenerational transmission of trauma in the families of former enslaved: epigenetics and the continuation of traumatization even after the abolition of slavery as articulated in Historical Trauma theory. Drawing upon these insights, I conclude that it is plausible that a continuing transgenerational transmission of trauma might occur in some families of slavery survivors, the knowledge of which might help to break the chains of such traumatization across generations. (shrink)

Societies change over time. Chattel slavery and foot-binding have been abolished, democracy has become increasingly widespread, gay rights have become established in some countries, and the animal rights movement continues to gain momentum. Do these changes count as moral progress? Is there such a thing? If so, how should we understand it? These questions have been receiving increasing attention from philosophers, psychologists, biologists, and sociologists in recent decades. This survey provides a systematic account of recent developments in the (...) understanding of moral progress. We outline the concept of moral progress and describe the different types of moral progress identified in the literature. We review the normative criteria that have been used in judging whether various developments count as morally progressive or not. We discuss the prospects of moral progress in the face of challenges that claim that moral progress is not psychologically possible for human beings, and we explore the metaethical implications of moral progress. (shrink)

"The overall aim of this book is to understand the character of moral progress, so that making moral progress may become more systematic and secure, less chancy and less bloody. Drawing on three historical examples - the abolition of chattel slavery, the expansion of opportunities for women, and the increasing acceptance of same-sex love - it asks how those changes were brought about, and seeks a methodology for streamlining the kinds of developments that occurred. Moral progress is conceived (...) as pragmatic progress, progress from rather than progress to, achieved by overcoming the problems and limits of the current situation. Two kinds of problems are distinguished: problems of exclusion, found when the complaints of some people are ignored; and problems of false consciousness, present when the oppressed adopt judgments from the ambient society and do not protest their condition. The proposed methodology advocates procedures for listening to voiced complaints and for systematically reviewing the way in which particular self-conceptions, ideals and identities are taken to be appropriate for various groups of people. Through outlining a picture of moral practice, at both the individual and the societal levels, the book seeks to orient moral philosophy away from metaethical questions of realism and towards moral methodology"--. (shrink)

:Our theoretical claim is that racism was consciously devised, and later evolved, to serve two conflicting purposes. First, racism served a legal-economic purpose, legitimating ownership and savage treatment of slaves by southern whites, preserving the value of property rights in labor. Second, racism allowed slave owners to justify, to themselves and to outsiders, how a morally "good" person could own slaves. Racism portrayed African slaves as being less than human, or else as being other than human. The interest of the (...) historical narrative presented here is the emergence of racial chattel slavery as a coherent and fiercely defended ideal, rather than the "necessary evil" that had been the perspective of the Founders. The reason that this is important is that the ideology of racism persisted far beyond the destruction of the institution of slavery, through Reconstruction, Jim Crow, and in some ways persisting even today. This work is an example of the problems of assuming that there is a "feedback" mechanism by which moral intuitions are updated and perfected; to the contrary, as suggested by Douglass North, even socially inferior ideologies can prove extremely persistent. (shrink)

Karl Marx claims that alienation inheres in all wage labor. I raise questions about the applicability of this claim to subjects of patriarchy. In the first section, I discuss industrial wage labor and its allure for women who were trying to escape the norms of familial patriarchy. In the second section, I extend this criticism of Marx’s claim by considering the racially enslaved subjects of the Antebellum American South, for whom economicallyrecognized wage labor was still a bloody political battle. Finally, (...) I turn to the identification of working class women and sexuality, in order to show how wage labor offered liberation from narrow bourgeois sexual strictures. I conclude by reassessing the viability of Marx’s critique of alienation, taking into account the standpoints from which wage labor itself was a considerable political achievement. (shrink)

Despite the concern with oppressive systems and practices there have been few attempts to analyse the general concept of oppression. Recently, Iris Marion Young has argued that it is not possible to analyse oppression as a unitary moral category. Rather, the term ‘oppression’ refers to several distinct structures, namely, exploitation, marginalisation, powerlessness, cultural imperialism, and violence. This paper rejects Young's claim and advances a general theory of oppression. Drawing insight from American chattel slavery and the situation of the (...) German Jews during the 1930's, I argue that to be oppressed is to be unjustly denied the opportunity for what I call ‘resilient autonomy’. I argue that all instances of oppression can usefully be analysed in these terms. I test my analysis against each of Young's five structures of oppression, concluding that in each case they are captured by my analysis. (shrink)

W.E.B. Du Bois’s reading of whiteness as a “public and psychological wage” is enormously influential. This essay examines another, lesser known facet of Du Bois’s account of racialized identity: his conceptualization of whiteness as dominion. In his 1920–1940 writings, “modern” whiteness appears as a proprietary orientation toward the planet in general and toward “darker peoples” in particular. This “title to the universe” is part of chattel slavery’s uneven afterlife, in which the historical fact of “propertized human life” endures (...) as a racialized ethos of ownership. The essay examines how this “title” is expressed and reinforced in the twentieth century by the Jim Crow system of racial signs in the United States and by violent “colonial aggrandizement” worldwide. The analytic of white dominion, I argue, allows Du Bois to productively link phenomena often regarded as discrete, namely, domestic and global forms of white supremacy and practices of exploitation and dispossession. Ultimately, the entitlement Du Bois associates with whiteness is best understood as a pervasive, taken-for-granted horizon of perception, which facilitates the transaction of the “wage” but is not reducible to it. (shrink)

This chapter contains sections titled: Must Liberty and Equality Come Apart? Freedom of Conscience Self‐Ownership and Universal Suffrage Slavery Women's Rights The Cold War Thurgood Marshall Discussion Acknowledgments.

A recent development in philosophical scholarship on reparations for black chattel slavery and Jim Crow segregation is reliance upon social science in normative arguments for reparations. Although there are certainly positive things to be said in favor of an empirically informed normative argument for black reparations, given the depth of empirical disagreement about the causes of persistent racial inequalities, and the ethos of 'post-racial' America, the strongest normative argument for reparations may be one that goes through irrespective of (...) how we ultimately explain the causes of racial inequalities. By illuminating the interplay between normative political philosophy and social scientific explanations of racial inequality in the prevailing corrective justice argument for black reparations, I shall explain why an alternative normative argument, which is not tethered to a particular empirical explanation of racial inequality, may be more appealing. (shrink)

ABSTRACT This article concerns the ways in which Afropessimist Calvin Warren misuses and overextends both Wynter’s historiography of the Human and Hartman’s concept “fungible commodity.” First, Calvin Warren flattens the ontology of the political subject described in Wynter’s concept “genres of Man” to argue that the contemporary Black US person exists as “being,” that is, non-being. Second, Warren misaligns with Wynter’s account of the period of historical rupture between the Human and nonhuman. Whereas, for Wynter, this rupture was constituted by (...) the colonial encounter in the Americas, Warren cites chattel slavery as the event wherein the Human and Other, specifically the Black Other, were torn apart. Third, Warren’s use of “fungible commodity” when referencing the contemporary Black lacks a historiographical framework that would account for the continued non-being of Black existence as commodity post-emancipation. (shrink)

This commentary focuses upon the ‘fetishism of persons’ in Marx which Balibar claims both mirrors and animates the better-known fetishism of things. Revisiting the chapter on exchange in which Balibar grounds his thesis, the essay attends to the theatrical metaphors by which Marx presents legal personhood as a pantomime of commodity fetishism. The essay demonstrates how the movable immobility of the commodity comes to life in its inverse, the mobile and immovable figure of the legal person; it then claims that (...) this inversion positions legal persons as animate props for property. But if legal persons, the essay asks, merely personify economic relations, by what means are they sufficiently distanced from commodities to be able to become their reflex and puppet? In other words, what vestibule keeps personal liberty’s analogy with economic relations from collapsing into identity? A significant historical answer, the essay asserts, is transatlantic chattel slavery—not only because this institution is both ideological foil to, and material basis for, liberal capital, but also because the slave herself, as animate property, undoes the distinction between persons and commodities. The essay concludes by insisting upon the significance of this neglected figure in philosophies of the transindividual, while also taking first steps toward a transindividual analysis of slavery. (shrink)

This paper examines Angela Davis’s 1969 Lectures on Liberation and her critique of Jean-Paul Sartre’s views regarding freedom and enslaved agency. Across four sections, the paper etches out Davis’s response to what she calls Sartre’s ‘notorious statement’ through her own existential reading of Frederick Douglass’s resistance to chattel slavery. Instead of interpreting Davis’s existential insights through the work of Sartre or other Western continental philosophers, the paper engages Lewis Gordon, George Yancy, Frank Kirkland, and LaRose Parris to develop (...) an alternative frame for assessing Davis’s existential thinking. Embracing a diverse lineage of existential philosophy, the paper argues for Black-centered approaches to existential philosophy that resonate with, but are not reducible or indebted to, European existentialism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Border CrossingEllen T. ArmourAs a philosophical theologian deeply formed by a long apprenticeship in continental philosophy, I find more points of entry into Kalpana Seshadri's HumAnimal: Race, Law, Language than I can possibly pass through in the space available to me here. Inevitably, whichever point of entry I take will violate what I take to be a core responsibility of a respondent: to hew closely to the text in (...) question, to trace in one's own words its outline in order to open it up to those who have not had the privilege to devote time and attention (those most valuable of assets for academics, it seems) to the project in question. Such a model of a responsible response itself bespeaks the central problematic of the project: the relationship between speech and silence, language and law, ethics and politics.And so I begin with a de-cision that is, simultaneously, an in-cision; I enter this text through this opening, not that, and in doing so, I relegate to a spectral silence of not-saying what other (in/de)cisions would bring to speech and/or to the invisibility of not-writing what other (in/de)cisions would render legible. In the spirit of a Derridean supplément, I hope to productively open and extend for you, if not precisely retrace, Seshadri's project.HumAnimal: Race, Law, Language (Seshadri 2012) is a brave book in many respects, but particularly in its attempt not just to delineate but to map out certain contested yet liminal spaces. In addition to those I've already mentioned, [End Page 175] let me add those between literature and philosophy, theology and philosophy, work and play, Agamben and Derrida, deconstruction and biopolitics, human and animal. (Any one of these alone would have been plenty for one book.) I take my mark from the site where these last two (or perhaps three) liminal spaces meet. First, allow me to indulge in a bit of intellectual autobiography: I began my career as a Derridean (and may yet end it that way … that remains to be seen), but have in the last few years, taken a decidedly more Foucauldian turn. Reading HumAnimal made me keenly aware of how profound a reorientation I have undergone in the process. And yet I entered into that process of reorientation (perhaps quite naively) sensing that, for all that separated Derrida from Foucault, deconstruction from biopolitics, they were not unconnected (please note the double negative). Thus, I found myself in deep sympathy with Seshadri's project in many ways. Whatever separates projects that foreground the machinations of power (as constitutive of knowledge, and vice versa) as object of analysis and those that foreground language (as constitutive of knowledge, and vice versa) as object of analysis,1 Seshadri's detailed readings suggest they share important points of overlap (which is not to say sameness). To a degree, then, HumAnimal undoes the very delineation between these kinds of projects that I just articulated. To be sure, Seshadri is aided a great deal in this by the fact that Agamben's own work invokes (though not uncritically) both Derridean and Foucauldian antecedents framed largely though not exclusively in and through the relationship between sovereignty and (bare) life.The book's title, HumAnimal: Race, Law, Language, names both the stakes of and framework for Seshadri's incision into this shared but contested space. Her neologism humAnimal marks a boundary integral to sovereignty's exercise, that between human and animal. The subtitle marks the forces at play in sovereignty's construction and its deployment. Race has often figured as the border demarcating those served by the law and those served up by it; those granted access to language and those denied it. Consignment to the nether side of law and language entails as well consignment to the nether side of the human/animal divide. The American practice of chattel slavery serves as one constitutive exemplar of a biopolitical and legal/linguistic regime in HumAnimal, as it will in my comments. But Seshadri seeks out the possibilities for resistance from this nether side; of possibilities opened up by and in silence, the suspension of law, and even... (shrink)

Preview: No shortage of bigotry and prejudice can be found around the world. But why race to the bottom and compete for a monopoly on tragedy in human mistreatment? The philosophy of race is an intricate piece to the study of language, art, history, and culture and wants to learn about elsewhere and distant others. How we go about understanding the issues of identity politics and what solidifies a community’s sense of purpose and mythic consciousness hinges upon our attitudes toward (...) cultures and ethno-racial relations. When it comes to the migrant crises, socio-economic conditions aggravating inequalities, or geo-political conflicts, for example, people’s premonitions about race largely inform how they respond to the demands for social justice. Tracing the trajectory from chattel slavery, the trail of tears, Jim Crow laws and lynchings, the civil rights movements, police brutality and profiling, to Black Lives Matter should we be believers or skeptics of racial progress? Our global ethnoscape and diasporic makeup is vast and complex. Due to this, studying race is emerging from the backwaters of academia and becoming an essential mode of inquiry, especially in African American philosophy and philosophy of culture. Similar to the “linguistic turn,” philosophy is undergoing a “racial turn” of sorts. Philosophy’s transdisciplinary nature is well-suited to examine this ethno-racial complexity, but has not lived up to its potential by failing to take more seriously the social disadvantages endured by underrepresented groups. In many ways, philosophy contributed to the dark history of grounding antiblack racism in biology, anthropology, the social sciences, and speculative metaphysics. Hence, it is vital that all practioners in our profession, especially philosophers of culture, work on behalf of reconciliation and atonement for such sins. Furthermore, confronting questions about racism and social justice will “improve philosophy” as Naomi Zack and others have argued. (shrink)

ABSTRACT In Berkeley’s Passive Obedience, moral duties are negative and positive as well as civil or legal and natural. Natural duties are from God and therefore valid norms. The supreme civil authority makes civil laws. We must obey the law because loyalty to supreme civil power is one of our natural duties: to be loyal is to obey, which means ‘do not rebel.’ This is a negative duty and as such categorical or unconditional. Positive duties are conditional on conscientious acceptance. (...) I show in detail how this system of norms and duties works. These key ideas have not been studied in detail before. Next, can we criticize Berkeley’s unquestioning acceptance of chattel slavery if we apply his own notion of duties to it? The slave laws are necessarily evil, and hence they, according to Berkeley’s own doctrine, cannot be accepted. But first we need a clear conception of his idea of conscience and, a fortiori, conscientious objection and its legitimate scope. This paper fills the gap and helps us understand Passive Obedience better. (shrink)

ABSTRACT Framed by a critical assessment of R. M. Hare’s classic paper “What Is Wrong With Slavery?,” this article argues that traditional forms of philosophical analysis miss chattel slavery’s specifically racialized harm. A crucial reason is the failure to attend to how slavery was experienced by those who were enslaved. To remedy this neglect, and adapting Calvin Warren’s reading of the Dred Scott decision, I show that slave narratives are rich philosophical resources for thinking about the (...) existential reality of enslavement and that they anticipate later insights from the Afro-pessimist and Black nihilist traditions. I conclude by showing how these insights construe the harm of chattel slavery in ways that are inexpressible through the kinds of traditional philosophical sense-making that Hare pursues. (shrink)

It has become commonplace within feminist theory to claim that women’s lives are constructed by multiple, intersecting systems of oppression. In this thesis, I challenge the consensus that oppression is aptly captured by the theoretical model of “intersectionality.” While intersectionality originates in Black feminist thought as a purposive intervention into US antidiscrimination law, it has been detached from that context and harnessed to different representational aims. For instance, it is often asserted that intersectionality enables a representational politics that overcomes legacies (...) of exclusion within hegemonic Anglo-American feminism. I argue that intersectionality reinscribes the political exclusion of racialized women as a feature of their embodied identities. That is, it locates the failure of political representation in the “complex” identities of “intersectional” subjects, who are constructed as unrepresentable in terms of “race” or “gender” alone. Further, I argue that intersectionality fails to supplant race- and class-privileged women as the normative subjects of feminist theory and politics. In Chapter One, I demonstrate that intersectionality illicitly imports unitary concepts of “race,” “gender,” and “class.” In Chapter Two, I argue that intersectionality lacks a theory of hierarchy: it is a “flat geography” which cannot capture vertical and horizontal lines of power. In Chapter Three, I explore the role of analogical reasoning in rendering racialized women invisible both as gendered and as racialized subjects in twentieth-century social movements. To concretize this argument, I turn to Simone de Beauvoir’s use of race-sex analogies to describe (white, bourgeois) “women’s” situation in The Second Sex. In Chapter Four, I advance a programmatic unified account of oppression. I suggest that the possibility of a unified theory (as opposed to an intersectional one) is intimated in the concrete articulation of race, class, and gender. My point of departure is a phenomenology of capitalism, which reveals that these are all fundamentally modes of exploitation and appropriation. In Chapter Five, I theorize how they are made visible (and invisible) on the body. I extend Frantz Fanon’s account of “epidermalization,” drawing upon the marxian concepts of “fetishism” and “mode of appearance” to elaborate four structures of gendered racialized perception: first, the “miscegenation taboo” structures perceptions of the “purity” of whiteness and the “polluting” effects of blackness. Whiteness, theorised as a “possessive investment” and as “property” is defined by the right to exclude. Second, the “episteme of tellable differences” produces the conviction that we can automatically “tell the difference” between a body placed in one “racial” or gender category, and another—while bodies that temporarily confound classification cause fear and consternation. Third, the “race/reproduction bind” names the axiomatic assumption that “race” is reproduced through (heterosexual) procreation and that “race” is, therefore, biologically inheritable. Finally, the “fear/criminalisation reflex” refers to the bidirectional equation of particular racialised-gendered bodies with crime, and of crime with those bodies; this a function of the discursive use of ‘crime’ as an alibi for “race’” the systemic racialisation of punitive carceral institutions, and the historical origins of “race” in transatlantic chattel slavery, which shaped perceptual-cognitive associations of freedom with whiteness and captivity with blackness. (shrink)

Examination of Sophocles’ Antigone reveals how the corpse remains a historically, culturally and politically inscribed subject. To leave Polynices’ corpse, by Creon’s decree, to the open air to be consumed by carrion is e!ectively to erase Polynice’s status as an Athenian citizen and transubstantiate the materiality of the corpse into one that is immaterial and non-human – that of a slave. Antigone’s refusal to leave the unburied remains of her brother - a refusal that has been traditionally romanticized as an (...) act of rebellion against authoritarian control - circumscribes and rei”es class boundaries between the free, the civilized, and the unfree, uncivilized slave. In e!ect, Polynices’ unburied body unearths the ways in which a “western, hegemonic canon” has e!ectively buried a history of chattel slavery that has made much of this cultural output possible. An engagement with particularly notable ruminations on Antigone, such as Hegel’s and Derrida’s, serves to exemplify how the “gure of Antigone has been appropriated in ways that consolidate, rather than disrupt, a tradition of thought that evades its own implication in slavery and colonialism. (shrink)

In the United States the Civil Rights Movement emerging after World War II ended Jim Crow racism, with its legal segregation and stigmatization of black people. Yet black people, both in chattel slavery and under Jim Crow, had provided abundant labor subject to racist terror; they were workers who could be recruited for work others were unwilling to do. What was to replace this labor, which had been the source of so much wealth and power? Three federal initiatives (...) helped to create new workers without rights: the welfare reform law of 1996 and the changes in immigration and crime law and policy both starting in the mid-1960s. These changes re-created vulnerable labor, disproportionately marked and stigmatized as black or Mexican. These workers create a central strength of U.S. imperialism: cheap food. Because workers without rights have an important function in a capitalist economy, a society where all workers can flourish is not capitalist but communist. (shrink)

Paul Gomberg ABSTRACT: In the United States the Civil Rights Movement emerging after World War II ended Jim Crow racism, with its legal segregation and stigmatization of black people. Yet black people, both in chattel slavery and under Jim Crow, had provided abundant labor subject to racist terror; they were workers who could be recruited...

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 41, no. 2. © 2015 by Feminist Studies, Inc. 409 Ariane Cruz Beyond Black and Blue: BDSM, Internet Pornography, and Black Female Sexuality I have been the meaning of rape I have been the problem everyone seeks to eliminate by forced penetration with or without the evidence of slime and/ but let this be unmistakable in this poem is not consent I do not consent —June Jordan, (...) Poem about My Rights Introduction: The Evidence of Slime Slavery, itself a kind of “slime,” remains an active marketplace for the production of Black female sexuality and its representations.1 The impact of chattel slavery and the pervasive rape of Black female slaves on modern 1. In using the term “Black women,” I am referring to African American women for whom the history of chattel slavery in the Americas has produced the socio-historical conditions that uniquely inform Black female subjectivity and sexual politics. My use of this term is not to essentialize Black American womanhood; rather, like Black feminist scholar Patricia Hill Collins, I use the term to gesture to a Black women’s standpoint influenced by the condition and experience of gendered and racialized abjection, a “common experience of being Black women in a society that denigrates women of African descent.” Patricia Hill Collins, Black Feminist Thought: Knowledge, Consciousness and the Politics of Empowerment (London: Routledge, 1990), 22. In this essay, I focus on Black women who practice BDSM, a small but nonetheless heterogeneous group of women in the already-marginalized larger kink community. 410 Ariane Cruz constructions and representations of Black women has been well theorized, in particular by a number of Black feminist scholars who have worked to rupture what Darlene Clark Hine terms the “culture of dissemblance,” the politics of silence shrouding expressions of Black female sexuality.2 While the antebellum legacy of sexual violence on Black women is substantive, what has not been effectively considered is how Black women deliberately employ the shadows of slavery in the deliverance and/or receiving of sexual pleasure. That is, how the “slime”—a staining sludge of pain and violence—becomes a type of lubricant to stimulate sexual fantasies, access sexual pleasure, and heighten sexual desire. In this paper, I explore how Black women facilitate a complex and contradictory negotiation of pain, pleasure, and power in their performances in the fetish realm of BDSM.3 Situating my analysis in the context of hardcore BDSM Internet pornography and the controversial praxis of race play, I argue that BDSM is a critical site from which to reimagine the formative links between Black female sexuality and violence. Race play is a BDSM practice that explicitly uses race to script power exchange and the dynamics of domination and submission. Most commonly an interracial erotic play, race play employs racism, often involving the exchange of racist language, role-playing, and the construction of racist scenes. Eroticizing not just racism, but the miscegenation taboo, racial difference, and (hyper) 2. See Darlene Clark Hine, “Rape and the Inner Lives of Black Women in the Middle West,” Signs 14, no. 4 (1989): 912–920. For more on Black female slave sexual assault and its aftermath, see Hazel V. Carby, Reconstructing Womanhood: The Emergence of the Afro-American Woman Novelist (Oxford: Oxford University Press, 1987); Ann duCille, “‘Othered’ Matters: Reconceptualizing Dominance and Difference in the History of Sexuality in America,” Journal of the History of Sexuality 1, no. 1 (1990): 102–27; Elsa Barkley Brown, “Imaging Lynching: African American Women, Communities of Struggle, and Collective Memory,” in African American Women Speak Out on Anita Hill-Clarence Thomas, ed. Geneva Smitherman (Detroit, MI: Wayne State University Press, 1995), 100–24; and Cheryl Harris, “Whiteness As Property,” Harvard Law Review 106, no. 8 (June 1993): 1707–91. 3. BDSM is an umbrella term that stands in for bondage/discipline (B/D), domination /submission (D/S), and sadism/masochism or sadomasochism (S/M). For the purposes of this paper I exchange S/M, S&M, and/or SM with the more contemporary label BDSM. For more about the terminology of BDSM, see Margot Weiss, Techniques of Pleasure: BDSM and the Circuits of Sexuality (Durham, NC: Duke University Press, 2011). Ariane Cruz 411 racialization itself... (shrink)

In her 2019 book, The Black Shoals, Tiffany Lethabo King warns that “settler colonial discourse structures the ways that people think about and simultaneously forget... that Black and Native death are intimately connected in the Western Hemisphere” (2019, xiii). This warning is similar in spirit to Jody Byrd’s call to decenter “the vertical interactions of colonizer and colonized” and recenter “the horizontal struggles among people with competing claims to historical oppressions” (2011, xxxiv). What happens to the lifeways of creolization when (...) brought under the scrutiny of such analyses? To ask this question differently, how might creolization, as a theory of Afro-diasporic experiences shaped in histories of chattel slavery, displacement and migration, working against structures of anti-blackness, approach a vigilance for what Lorraine Le Camp (1998) names the “terranullism” —a Doctrine of Discovery world-orientation that reads land to be colonized as either vacant or all but vacated of civilized human communities—that grounds much of settler colonial discourse? (shrink)

This article discusses the representation of law in Toni Morrison’s Beloved in the context of legal philosophy. Beloved’s contribution to the legal humanities has been described in terms of the contrast Morrison dramatizes between two visions of law: the violence of human chattel slavery embodied by the titular ghost, Beloved, and the communal act of solidarity that exorcizes her from her mother’s house. Yet this characterization neglects the associations Morrison draws in Beloved and in her metacommentary between the (...) ghost and other juridical forms, including personality and property. This article proposes an interpretation of Beloved that reads the ghost as a metaphor for the modern, metaphysicalized sense of the legal person for whom self-possession has become a prerequisite for action. Through a reading of Beloved that considers the final version of the novel against an unpublished earlier ending revealed by Morrison’s papers, I argue that Beloved challenges the reducibility of modern personhood to reflexive ownership. (shrink)

capitalist proponents and orthodox Marxists alike tend to agree that capitalism entails a significant break from systems of chattel slavery: both claim that there is a significant, substantive difference between a system that commands and oppresses labor directly and one that commands labor indirectly through the private ownership of capital, although Marxists would deny that the latter is any less oppressive that the former. Apologists for capitalism commonly claim that the rise of that system ended slavery and (...) that the overthrow of slavery by “free labor” is the clearest evidence of capitalism’s moral superiority over other economic systems. Orthodox Marxists, such as Eugene Genovese, concur that slavery in the Americas was “precapitalist,”(45) and that capitalism brought it to an end, although they would maintain more continuities between the two systems than capitalism’s defenders would admit, and deny any moral advantage to “wage slavery” over chattel slavery. Defenders of capitalism are wrong on this matter for several reasons, but what I wish to focus upon in this paper is how a Weberian understanding of capitalism as a “spirit” or ethos, rather than in terms of a set of economic institutions and practices, demonstrates how the Caribbean slave trade was an early manifestation of capitalism rather than its antithesis. (shrink)

Charles Mills’s philosophical work provides a standpoint from which white philosophers can engage philosophical questions about race by demonstrating that the concept of race is relevant to the study of Western political philosophy, by developing the critical concept of white supremacy, and by critiquing the failure of liberal political philosophy to address the history of race-based chattel slavery in the US and the British empire. Nonetheless, the social contractarian methodology of Mills’s philosophical work is flawed because of its (...) individualistic social ontology, its reliance on structured ignorance rather than situated knowledge to attain objective knowledge about society, and its inability to fulfill its promise to generate a generalized account of race-related injustice that applies to all societies at all times. (shrink)

Epistemic injustice is defined by Miranda Fricker as injustice done to people specifically in their capacities as knowers. Fricker argues that this injustice can be either testimonial or hermeneutical in character. A hearer commits testimonial injustice against a speaker by assigning unfairly little credibility to the speaker’s testimony. Hermeneutical injustice exists in a society when the society lacks the concepts necessary for members of a group to understand their social experiences. We argue that epistemic injustice is necessary to permit the (...) functioning of race-based chattel slavery and that this necessity is illustrated in slave narratives. The testimonies of slave narratives like those of Frederick Douglass, Olaudah Equiano, Harriet Jacobs, and Mary Prince identify and transform a culture of race-based epistemic hermeneutic and testimonial injustice. Through telling their stories, these agents establish their capacity as knowers and thus resist the epistemic injustice that undergirds the oppressive system of race-based chattel slavery. The authors of slave narratives not only identify race-based epistemic injustice, but actively fight against it. (shrink)

Epistemic injustice is defined by Miranda Fricker as injustice done to people specifically in their capacities as knowers. Fricker argues that this injustice can be either testimonial or hermeneutical in character. A hearer commits testimonial injustice against a speaker by assigning unfairly little credibility to the speaker’s testimony. Hermeneutical injustice exists in a society when the society lacks the concepts necessary for members of a group to understand their social experiences. We argue that epistemic injustice is necessary to permit the (...) functioning of race-based chattel slavery and that this necessity is illustrated in slave narratives. The testimonies of slave narratives like those of Frederick Douglass, Olaudah Equiano, Harriet Jacobs, and Mary Prince identify and transform a culture of race-based epistemic hermeneutic and testimonial injustice. Through telling their stories, these agents establish their capacity as knowers and thus resist the epistemic injustice that undergirds the oppressive system of race-based chattel slavery. The authors of slave narratives not only identify race-based epistemic injustice, but actively fight against it. (shrink)

Irreverence for law, Lyons says in his preface, is the dominant theme of this collection of ten essays. This irreverence is distinct from the virtually commonplace critical attitude of those who agree that law is fallible. Lyons's irreverence goes deeper. When he reflects on the sad history of legal systems, especially those in which law has been the instrument of genocide, chattel slavery, and other forms of injustice and inhumanity, he finds it difficult to be as complacent as, (...) he argues, most other legal theorists--positivists, natural lawyers, and even Ronald Dworkin--seem to be. What legal theorists tend by and large to overlook, Lyons believes, is the basic truth that "someone whose conduct is regulated by a system of law has a right to be treated by the government in a morally defensible way". It is possible, Lyons argues, that a judicial decision be justified in every other relevant way yet still be morally indefensible. This is arguably what occurred in Dred Scott vs. Sandford. What is more, Lyons continues, it seems true that any legal system as such may be properly held to this standard. This follows not from a controversial claim concerning what law ought to be, but, as Lyons sees it, from a clear understanding of what law is. (shrink)

J S Mill used the term ‘dead dogma’ to describe a belief that has gone unquestioned for so long and to such a degree that people have little idea why they accept it or why they continue to believe it. When wives and children were considered chattel, it made sense for the head of a household to have a ‘sovereignal right’ to do as he wished with his property. Now that women and children are considered to have the full (...) complement of human rights and slavery has been abolished, it is no longer acceptable for someone to have a ‘right’ to completely control the life of another human being. Revealingly, parental rights tend to be invoked only when parents want to do something that is arguably not in their child's best interest. Infant male circumcision is a case in point. Instead of parental rights, I claim that parents have an obligation to protect their children's rights as well as to preserve the future options of those children so far as possible. In this essay, it is argued that the notion that parents have a right to make decisions concerning their children's bodies and minds—irrespective of the child's best interests—is a dead dogma. The ramifications of this argument for the circumcision debate are then spelled out and discussed. (shrink)

J S Mill used the term ‘dead dogma’ to describe a belief that has gone unquestioned for so long and to such a degree that people have little idea why they accept it or why they continue to believe it. When wives and children were considered chattel, it made sense for the head of a household to have a ‘sovereignal right’ to do as he wished with his property. Now that women and children are considered to have the full (...) complement of human rights and slavery has been abolished, it is no longer acceptable for someone to have a ‘right’ to completely control the life of another human being. Revealingly, parental rights tend to be invoked only when parents want to do something that is arguably not in their child9s best interest. Infant male circumcision is a case in point. Instead of parental _rights_, I claim that parents have an _obligation_ to protect their children9s rights as well as to preserve the future options of those children so far as possible. In this essay, it is argued that the notion that parents have a right to make decisions concerning their children9s bodies and minds—_irrespective of the child9s best interests_—is a dead dogma. The ramifications of this argument for the circumcision debate are then spelled out and discussed. (shrink)