According to Mathias Risse and Richard Zeckhauser, racial profiling can be justified in a society, such as the contemporary United States, where the legacy of slavery and segregation is found in lesser but, nonetheless, troubling forms of racial inequality. Racial profiling, Risse and Zeckhauser recognize, is often marked by police abuse and the harassment of racial minorities and by the disproportionate use of race in profiling. These, on their view, are unjustified. But, they contend, this does (...) not mean that all forms of racial profiling are unjustified; nor, they claim, need one be indifferent to the harms of racism in order to justify racial profiling. In fact, one of the aims of their paper is to show that racial profiling, suitably understood, “is consistent with support for far-reaching measures to decrease racial inequities and inequality.” Hence, one of their most striking claims, in an original and provocative paper, is that one can endorse racial profiling without being in any way indifferent to the disadvantaged status of racial minorities. In an initial response to these claims, I argued that Risse and Zeckhauser tend to underestimate the harms of racial profiling. I suggested two main reasons why they did so. The first is that they tend to identify the more serious harms associated with profiling with background racism, and therefore to believe that these are not properly attributable to profiling itself. The second reason is that they ignore the ways in which background racism makes even relatively minor harms harder to bear and to justify than would otherwise be the case. Hence, I concluded, racial profiling cannot be a normal part of police practice in a society still struggling with racism, although under very special conditions and with special regulation and compensation in place, it might be justified as an extraordinary police measure. I want to stand by those claims. However, Risse’s response to my arguments persuades me that I misinterpreted his earlier position in one significant respect. So I will start by explaining what interpretive mistake I believe that I made. I will then argue that despite Risse’s patient and careful response to my arguments, my initial concerns with his justification of profiling remain valid. -/- . (shrink)

In their article, “Racial Profiling,” Risse and Zeckhauser offer a qualified defense of racial profiling in a racist society, such as the contemporary United States of America. It is a qualified defense, because they wish to distinguish racial profiling as it is, and as it might be, and to argue that while the former is not justified, the latter might be. Racial profiling as it is, they recognize, is marked by police abuse and the harassment of (...) racial minorities, and by the disproportionate use of race in profiling.These, on their view, are unjustified. But, they contend, this does not mean that all forms of racial profiling are unjustified, even in a racist society, or that one has to be indifferent to the harms of racism to believe that this is so. Indeed, one of the aims of their article is to show that racial profiling, suitably qualified, “is consistent with support for far-reaching measures to decrease racial inequities and inequality” (p. 134), and so to challenge the assumption that “arguments in support of profiling can speak only to those who callously disregard the disadvantaged status of racial minorities.” In a long and provocative article there is, inevitably, a great deal to discuss. However, I will concentrate on two claims about the harms of racial profiling advanced on page 146, both because these merit careful discussion and because they are critical to Risse and Zeckhauser’s argumentative strategy. Those two claims are (1) that “the harm caused byprofiling per se is largely due to underlying racism” and is, therefore, purely expressive; and (2) that “the incremental harm done by profiling often factors into utilitarian considerations in such a way as to support profiling.” We can call the first the expressive harm thesis and the second the incremental harm thesis. I am no expert on racial profiling, or on racism, however, I will suggest that these two theses are far more controversial than Risse and Zeckhauser assume, and point to serious difficulties with their justification of profiling. (shrink)

Philosophical reflection on racial profiling tends to take one of two forms. The first sees it as an example of ‘statistical discrimination,’ (SD), raising the question of when, if ever, probabilistic generalisations about group behaviour or characteristics can be used to judge particular individuals.(Applbaum 2014; Harcourt 2004; Hellman, 2014; Risse and Zeckhauser 2004; Risse 2007; Lippert-Rasmussen 2006; Lippert-Rasmussen 2007; Lippert-Rasmussen 2014) . This approach treats racial profiling as one example amongst many others of a general problem in egalitarian (...) political philosophy, occasioned by the fact that treating people as equals does not always require, or permit, us to treat them the same. The second form is concerned with how racial profiling illuminates the nature, justification, and reproduction of hierarchies of power and privilege based on skin colour and morphology. This form of reflection on racial profiling is therefore less about the justification for judging people based on the characteristics of the group to which they (appear to) belong, and more concerned with the specific ways in which the association of racialized minorities – and, in particular, black people – with crime, contributes to, and reflects, racial inequality, and oppression.(Kennedy 1998; Zack, 2015; Lever, 2005; Lever 2007). Both approaches to profiling have much to recommend them and, taken together, they form an essential component of the political philosophy of race. The statistical approach has the merits of linking racial profiling, as practice, to a body of other practices that generate and justify inequalities based on factors other than race, but it typically offers little by way of insight into the role of racial profiling itself in sustaining racial inequality and injustice. The racial construction approach, for obvious reasons, is rather better at the latter task, but its insights tend to come at the price of a broader understanding of the ways in which inequality is reproduced and justified, or of the ethical dilemmas raised by our competing claims to security. As we will see, insights from both approaches can be synthesized to clarify what, if anything, is wrong with racial profiling and what broader conclusions for equality and security follow from the study of profiling. (shrink)

This article analyzes, digests, and critiques various facets of the current debate regarding the racial profiling of those in the United States who appear to be Arab and/or Muslim. By dispassionately addressing this debate from a variety of perspectives – historical, empirical, and legal - the article specifically examines the fine line between preserving civil rights and civil liberties, while ensuring the security of the American homeland. Following an empirical investigation into the history of racial profiling in (...) the U.S., a legal analysis of the relevant legislation and constitutional standards, and a scientific reporting of the psychological and emotional impact of such profiling tactics, it concludes that the ineffectiveness of racial profiling strongly weighs against its usage and at the very least, discredits many of the arguments put forth in its defense. In reaching this conclusion, I attempt to justify the near-absolute and unqualified preservation of those civil rights and civil liberties that have traditionally defined the American legal system, but which have gradually been eroding in the course of the last five years. As we approach the fifth anniversary of the World Trade Center attacks, this article exposes the ongoing need to re-evaluate the policies and practices put in place in the wake of September 11, 2001. (shrink)

This paper shows that the problem of treating people as equals in a world marked by deep-seated and, often, recalcitrant inequalities has implications for the way we approach the provision of security and justice. On the one hand, it means that racial profiling will generally be unjustified even when it might promote collective interests in security, on the other, it means that we should strive to create racially mixed juries, even in cases where defendant and alleged-victim are (...) of the same race. The paper examines a recent report on race and jury trials in the United Kingdom and concludes that, despite the author's claims that all-white juries are fair, the data shows the complex ways in which racial differences are translated into unjustified and arbitrary inequalities. Hence, it concludes, racially mixed juries are desirable, and sometimes necessary for justice, though probably not sufficient. (shrink)

Racial profiling appears to be morally more troubling when the racial group that is the object of the profile suffers from background injustice. This article examines two accounts of this intuition. The responsibility-based account maintains that racial profiling is morally more problematic if the higher offender rate within the profiled group is the result of social injustices for which other groups in society are responsible. The expressive harm based account maintains that racial profiling is more (...) problematic if it makes background injustice vivid and thereby causes the profiled to feel resentment. I raise problems with both accounts and suggest a third account. On the humiliation-based account, individuals who are subjected to racial profiling in a context of background injustice are placed in a situation in which they cannot prevent appearing to onlookers in a demeaning way. (shrink)

Examining racial profiling in American policing, Naomi Zack argues against white privilege discourse while introducing a new theory of applicative justice. Deepening understanding without abandoning hope, Zack shows why it is more important to consider black rights than white privilege as we move forward through today's culture of inequality.

It might seem that racial profiling by doctors raised few of the same concerns as racial profiling by police, immigration, or airport security. This paper argues that the similarities are greater than first appear. The inappropriate use of racial generalizations by doctors may be as harmful and insulting as their use by law enforcement officials. Indeed, the former may be more problematic in compromising an ideal of individualized treatment that is more applicable to doctors than to (...) police. Yet doctors, unlike police, should not attempt to ignore race altogether. Race and ethnicity are associated with the geography of disease, with social and cultural factors relevant to disease, and, to some extent, with genetic predispositions to disease. Moreover, greater attention to the distinctive health conditions of certain racial and ethnic groups is necessary to make up for past neglect. But it will be a tricky business to steer a middle course between a naïve, reckless, or dogmatic color blindness and a stereotype-driven overreliance on race and ethnicity. In trying to steer such a course, the doctor can only hope for the day when a combination of more individualized genomic medicine and greater social equality will make it possible for her to pay less attention to race and ethnicity without detriment to her patients' health. (shrink)

This article explores a view nearly absent from modern political theory, that there is a duty to create and secure government which imposes on some a duty to govern. This duty is grounded in philosophers as disparate as Aquinas, Locke, Hobbes and Finnis. To fail one's duty to govern, especially over the range of goods that can only be secured by government, is to have committed a wrong against another. If there is an obligation to govern that is rooted in (...) the common good, then one might believe there is an obligation to maintain a government which pursues the common good. After disentangling the duty to govern from political duties which are much better explored, I focus on the more subtle question of how political legitimacy and the obligation to obey the law may clash with a duty to govern. Again, it is surprising that this claim can be located in scholars as disparate as Kant, Hobbes and Finnis. Yet in each example these thinkers give us, we are troubled by the tension between the duty to maintain a government and its conceptual fellow travelers, legitimate government and the obligation to obey. Nor is this question one restricted to abstract political philosophy. Particularly troubling are scenarios in which a threat to governance might lead to a reasonable belief that the government must maintain itself by taking actions which appear illegitimate. A scenario where a government must racially profile or violate civil liberties to guard against threats to the ability to govern brings the problem to life. Difficult moments of American history — the interment of the Japanese during World War II, racial profiling after September 11th and the use of torture by the United States government were surely mistakes. But they make live the perceived and potential clash between a duty to maintain a government, legitimate government and our duty to obey the law. (shrink)

The justice of racial profiling is addressed in the original position first for a society without racism, then for a society marked by racism. In the first case, the practice is argued to be just if carried out respectfully and expeditiously and likely to contribute to effective crime control. Thus it is not intrinsically racist. Addressing the second case, the idea that the harms of racial profiling are modest because expressive is critiqued. The practice is shown to carry (...) the danger of producing rights-violations by increasing the incidence of racist attitudes and practices. It is argued to be just in a society marked by racism if done under special supervision, and only to aid in apprehending dangerous criminals. (shrink)

This article develops an intuitive idea of proportionality as a placeholder for a substantive conception of equality, and contrasts it with Ripstein’s ideas, as presented in an annual guest lecture to the Society of Applied Philosophy in 2016. It uses a discussion of racial profiling to illustrate the conceptual and normative differences between the two. The brief conclusion spells out my concern that talk of ‘proportionality’, though often helpful and, sometimes, necessary for moral reasoning, can end up concealing, rather (...) than illuminating, people’s claims to be treated as equals. (shrink)

This paper offers the first philosophical analysis of a form of artificial intelligence (AI) which the author calls facial profiling technology (FPT). FPT is a type of facial analysis technology designed to predict criminal behavior based solely on facial structure. Marketed for use by law enforcement, face classifiers generated by the program can supposedly identify murderers, thieves, pedophiles, and terrorists prior to the commission of crimes. At the time of this writing, an FPT company has a contract with the United (...) States federal government. After recounting how FPT resurrects the same moral problems associated with the pseudoscience of physiognomy, the author of this manuscript develops and defends the ‘Liberal Argument Against Facial Discrimination’ (LAAFD), which concludes that government use of FPT poses a significant risk of violating the classical liberal value of equality before the law by committing unjust discrimination against groups of people whose faces happen to match FPT classifiers. A key move in the argument suggests how a future scenario that results in widespread discrimination based solely on facial structure could be as unjustified and harmful, mutatis mutandis, as similar discrimination based solely on racial background. In the final section, the author of this paper develops prima facie policy proposals designed to protect classical liberal values if FPT is to be utilized by governments in liberal democratic societies. (shrink)

In this paper I respond to Mathias Risse's objections to my critique of his views on racial profiling in Philosophy and Public Affairs. I draw on the work of Richard Sampson and others on racial disadvantage in the USA to show that racial profiling likely aggravates racial injustices that are already there. However, I maintain, clarify and defend my original claim against Risse that racial profiling itself is likely to cause racial injustice, even if (...) we abstract from unfair background conditions. I then respond to Levin's claims that there is no serious racial injustice in the contemporary USA and differentiate between Risse's attempt - albeit unsuccessful - to provide an egalitarian justification for racial profiling from the frankly inegalitarian assumptions that underpin the claims of Michael Levin. (shrink)

In this paper, I argue that an account of security as a basic human right must incorporate moral security. Broadly speaking, a person possesses subjective moral security when she believes that her basic interests and welfare will be accorded moral recognition by others in her community and by social, political, and legal institutions in her society. She possesses objective moral security if, as a matter of fact, her interests and welfare are regarded by her society as (...) morally important—for example, when violent crimes against her being taken to warrant the same punishment and condemnation as equivalent crimes against others. Moral security, thus characterized, is an essential part of what it is to be secure as a human person, and any right to security must include it. In the first part of the paper I critique alternative narrower accounts of the right to security, before defending my account of moral security in Section 2. Section 3 explores how acts of racialized and gendered violence are attacks on the moral security of the victims and of all members of the groups to which the victims belong. Broader structural and institutional forms of racial and sexual discrimination further compound the impact of such acts on moral security. Understanding how racial and sexual discrimination and violence are attacks on moral security offers a new way of thinking about the scope and urgency of a state’s duty to combat racial and sexual discrimination, an issue I explore in the final section of the paper. -/- . (shrink)

What does it mean to treat people as equals when the legacies of feudalism, religious persecution, authoritarian and oligarchic government have shaped the landscape within which we must construct something better? This question has come to dominate much constitutional practice as well as philosophical inquiry in the past 50 years. The combination of Second Wave Feminism with the continuing struggle for racial equality in the 1970s brought into sharp relief the variety of ways in which people can be treated (...) unequally, while respecting the formalities of constitutional government. Most obviously, the content of laws can mistreat them by wrongfully assuming that they are either threats to others, or that, like children, they need to be protected from harm through paternalistic limitations on their freedom of action. Or, as those concerned with class inequality have long noted, formal equality can create legal requirements, permissions, and prohibitions whose burdens fall predictably, and often solely, on groups who are already marginalised, and most in need of state protection. (Kairys, David 1990) Above all, what these two great political movements made plain, is that a concern for group inequality and, specifically, group injustice must figure in the formulation and adjudication of individual rights, if legal protections for equality are adequately to combat the causes of inequality. Getting to grips with that challenge, it became obvious, required going beyond the familiar analyses of inequality inherited from Liberalism and Marxism, given the many different ways in which people can be equal or unequal.(Hackett and Haslanger 2006, 3 - 15) In the first part of this chapter, I will seek to illustrate these claims, by focusing on efforts to reframe the theory and practice of constitutional equality given demands for sexual and racial equality. I will then show that analytic philosophy has also come to recognise the various non-reducible dimensions of equality in ways that reinforce the claims of critical legal theory, even as philosophers highlight their disconcerting consequences. If equality has multiple irreducible dimensions, conflicts between the legitimate demands of equality are unavoidable features of law and politics, even in the best possible world, and are likely to be particularly painful when set against a background of historical injustice. The chapter concludes with the challenges to democratic constitutionalism, and the scope for constructive responses to those challenges, which the rapprochement between critical and analytic thinking on equality suggests. (shrink)

In response to Zack’s “White Privilege​ and Black Rights”, I consider her account of the hunting schema in light of police violence against black women. I argue that although Zack provides us with a compelling account of racial profiling and police brutality, the emotional aspect she attributes to the hunting schema is too charitable. I then claim that Zack’s hunting schema fails to account for state violence against black women and in doing so she only tells a partial story (...) of comparative injustice as it relates to police brutality of blacks. (shrink)

It’s often assumed that if white people have a sexual preference for other white people, they, when using intimate dating platforms, have the right to skip over the profiles of Black people. As some argue, we have the right to act on our sexual preferences, including racialized sexual preferences, because doing so isn’t harmful, and even if it were harmful, this wouldn’t matter because either our “right” to act on our sexual preferences outweighs the harm and/or we cannot even control (...) our sexual preferences. Against this view, I argue that (1) when white people act on anti-Black sexual preferences, white people harm Black people insofar as they reduce their objective welfare level, and (2) we can in fact, to some degree, control our racialized sexual preferences. Moreover, I argue that because white people who engage in racialized sexual discrimination against Blacks disrespect and demean Black people and we don’t have any kind of right to disrespect and demean persons, white people don’t have even a prima facie right to act on anti-Black sexual preferences. Indeed, white racialized sexual discrimination against Black people is always deeply wrong, not only because it wrongs Black people, but it also wrongs the discriminators themselves. (shrink)

Normative debates on migration control, while characterised by profound disagreement, do appear to agree that the state has at least a prima facie right to prevent the entry of security threats. While concern is sometimes raised that this ‘security exception’ can be abused, there has been little focus by normative theorists on concrete practices of security, and how we can determine what a ‘principled’ use of the security exception would be. I argue that even if states (...) have a right to prevent migrants from entering on grounds of security, the practices required to implement this right will likely compromise core liberal democratic values in ways that have not been sufficiently appreciated. I draw on literature from Science and Technology Studies and Critical Security Studies to examine the proliferation of digital border control technologies which are increasingly dominating state security practices, and explain the challenges these technologies pose to non-discrimination, liberty and equality. I also highlight the difficulties of taking these principles as presumptive limitations on the operation of the security exception. A more sustained conversation among ethical theorists is needed to address the profound ethical challenges that the ever-increasing use of these technologies poses, particularly in pursuit of security. (shrink)

This dissertation extends John Rawls’s mature theory of justice out to address the environmental challenges that citizens of liberal democracies now face. Specifically, using Rawls’s framework of political liberalism, I piece together a theory of procedural justice to be applied to a constitutional democracy. I show how citizens of pluralistic democracies should apply this theory to environmental matters in a four stage contracting procedure. I argue that, if implemented, this extension to Rawls’s theory would secure background environmental justice. I (...) explain why the theory can be viewed as a partially specified political conception of environmental pragmatism, and how it relates to public environmental policy and discourse. While the framework is anthropocentric, it is one that reasonable non-anthropocentrists can endorse. Using this theory, I argue that liberal democracies must take measures to secure basic environmental rights for all presently existing and future citizens. Measures must also be in place to secure a minimum of social goods (including environmental goods) that guarantees that all citizens (present and future) can exercise their basic rights and liberties. Moreover, disparities in environmental goods should only be tolerated if they arise in accord with Rawls’s principle of fair equality of opportunity. I discuss carbon taxes, as well as carbon allocation trading schemes. I also argue that free democracies should employ precautionary reasoning when attempting to meet the demands of background environmental justice. (shrink)

A series of cases, some of them with a high media profile, suggest that freedom of religion or belief in the United Kingdom is being undermined by the operation of new equality laws. This article outlines the constitutional context for liberty and equality rights as well as the main ways in which religious liberty is secured by and within equality law. However, British equality law puts pressure on religious liberty in four ways: it confines the relevance of ‘religion’ to limited (...) social contexts; it creates a priority for equality-perspectives over liberty-perspectives on social conflict; it generates new social assumptions about what individuals have to believe and say if they are to be trusted to uphold the law; it provides legitimation for the imposition of contested comprehensive equality doctrines, some of which are inimical to civil liberty. In response, it is important to emphasise the role of equality law as a tool to secure mutual toleration and equal rights in the face of religious and ethical disagreement. (shrink)

John Arthur philosophically addresses the problems of racism and the legacy of past racial discrimination in the United States. Offering a thorough analysis of the concepts of race and racism, Arthur also discusses racial equality, poverty and race, reparations and affirmative action, and merit in ways that cut across the usual political lines. A philosopher, former civil-rights plaintiff and professor at an historically black college in the South, Arthur draws on both his personal experiences as well as his (...) rigorous philosophical training in this account. His conclusions about the meaning of merit, the defects of affirmative action, the importance of apology, and the need for true equality deal productively with one of America's most vexing problems. His book is also relevant to any society struggling with racial differences and past injustices. (shrink)

Racism as an independent topic of investigation in philosophy has considerably developed since the 1990s, when it appeared as part of growing debates that, on the one hand, investigated the political meaning of race and, on the other, its ontology and whether it existed at all. Likewise, with the idea of racism, its broadly normative meaning is critiqued by some philosophers, while others ask how best to conceive of it and identify its immorality. There were a few early and significant (...) forays in philosophy about the nature of racism, of which three works stand out because of the way they set the terms of the debate: David Theo Goldberg's Racist Culture, Charles W. Mills’ The Racial Contract, and Jorge L.A. Garcia's “The Heart of Racism.”1 This collection reacts to the latter fork in the discussion but does so in ways that significantly touch on the former.The collection begins with Jorge L. Garcia's “Virtue Ethics in Social Theory: Defending a Volitional Analysis of Racism from Tommie Shelby's Challenges.” It is a clarification and defense of his influential volitional analysis of racism (VAR) from three prominent objections: that VAR inadequately accounts for the immorality of racism because it relies on the assumed wrongness of racism built into ordinary usage of the term ‘racist;’ that it mistakenly separates intention from belief; and that it does not fully account for the racism of some troubling mental states that cannot be traced back to a racist ill-will. Garcia's account of racism as fundamentally rooted in racist ill-will, along with Lawrence Blum's, is representative of agent-centered theories of racism. Not only do they attempt to explain individual or personal racism, but they also hold that racism in institutions, structures, or systems traces back to the racism of persons.Current accounts of structural racism, however, claim that it exists and operates independently of infection from intentionally racist persons, that the focus on racist persons cannot adequately account for how racism works in society, and that, instead, we should concentrate on structures and ideologies. Amelia Wirts sharply defends this view in her, “What does it mean to say ‘The Criminal Justice System is Racist’?” She explains how structural racism applies to America's criminal justice system and other “intermediate” (between individual and societal level) structures. Wirts argues that personal accounts of racism, and in particular Garcia's VAR, do not adequately account for the patterns of racial disparity in the criminal justice system or its disproportionate harm to black people. She advocates, instead, for a patterned view of structural racism, the patterns of which operate “as if it were designed to disproportionately harm” some racialized group. Additionally, Wirts adds that such patterns are particularly racist when they fuel racist ideological symbols, as the criminal justice system does in relation to the idea of the black criminal.Structural analyses of racism are powerfully instructive, and Alisa Bierria, in “Structural Racism Within Reason,” offers an account that takes an epistemic turn that advances our understanding of their meaning. More than the idea that personal and structural racism beget each other in continuous looping effects, and more than the view that racism is best understood as an ideology that provides the content to racist attitudes or policy proscriptions, she argues that structural racism structures reason. Drawing on the 2012 case of Marissa Alexander, who unsuccessfully tried to use Florida's Stand Your Ground Law to justify her firing a warning shot at her estranged, abusive husband to protect herself from his murderous threat, Bierra argues that structural racism extends constructed and controlling intentions onto its targets, and, as in the case she discusses, it uses those constructed and fictional intentions to justify their punishment and depriving them of equal justice.Structural analyses of racism are essential additions to the philosophical understanding of racism that have appropriately challenged the centrality of agent-centered accounts. The increasing academic focus on structural explanations, however, along with the current overuse of “systemic racism” in popular discourse, threatens to eclipse the value of accounts of agent-centered accounts. In “Is Racism Essentially Systemic?” Michael Hardimon counsels against this trend. He reminds us that racism is not essentially systemic, and that the dominance of structural explanations could obscure its other forms and even the proper understanding of structural racism. Indeed, structures once constructed might operate independently of human intention, but they are designed, initiated, and often operated by persons.After considering the direction of the current philosophical discussion about the meaning of racism and its immorality, the next set of articles expands the discussion into matters of class, xenophobia, and white nationalism. Lawrence Blum's “Race and Class Together” starts it off. Blum builds class into his analysis of racism and critiques its absence in anti-racist theory. He argues that paying attention to class is required to secure justice for the victims of racism because pursuing justice is often a matter of both. Blum contends that race and class are “normatively distinct axes of injustice” and that, depending on the question, racial injustice needs to be addressed separately. However, there are aspects of racial injustice that can only be dealt with through a class analysis and require class or combined class–race focused policies. Pointing to the fact that many of the members of groups targeted by racism (he considers blacks, Indigenous peoples, and Latinxs) share cross-class interests, which includes shared interests with some whites, which they do not share with more economically privileged members of their own groups, Blum argues that these interests should be addressed through “class-focused policies,” in a manner that will secure justice for disadvantaged racial groups.Shifting from the class-race analysis, José Jorge Mendoza, in “‘Go Back to Where You Came From!’ Racism, Xenophobia, and White Nationalism,” turns our attention toward white nationalism to examine whether it is best understood as an expression of racism or xenophobia. Although he recognizes the importance of xenophobia in white nationalism, Mendoza does not neglect its connections with racist ideas. However, he acknowledges that emphasizing the role of race in condemnations of white nationalism risks overextending the concept of race, i.e., in regards to pan-racial groups, because some members of those groups are racially identified as white. Thus, the charge of racism against white nationalism in such cases may not clearly apply. To deal with those cases, Mendoza cleverly decouples the ideas of “radicalization” and “racial formation,” and he puts forward a new concept, “racial disintegration,” to account for the operation and shifting targets of white nationalism.In the final piece, David H. Kim and I discuss xenophobia and racism in the case of “Anti-Asian Racism.” We move from general theories of racism to inquire about what is at the base of anti-Asian racism. Little is said in contemporary accounts of racism about anti-Asian racism. This is due, in part, to the high level of abstraction in those discussions but also because much of the literature takes anti-blackness as the model of racism. Our piece addresses this lacuna in a manner not beholden to the black-white binary. We discuss how the idea of anti-Asian racism is a conceptual problem in the American context dominated by that binary. We then argue that xenophobia as a form of civic ostracism, and to some extent xenophilia, play a particular role in how anti-Asian racism functions and its immorality.The pieces in this collection resonate with current events and controversies involving racism and illustrate the potential of the debate to relate to and speak those events, not just to the specialized interests of a cloistered academic conversation. Each piece demonstrates the potential for extending vital lines of debate and discussion that touches the raw nerve of the public discussion of racism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Air of Liberty:A Transatlantic PerspectiveKieran M. Murphy (bio)"En somme le rôle du critique serait sans cesse de faire de l'air dans le plein du monde mais non pas forcement de faire du vide."—Roland Barthes"Dèyè mòn, gen mòn" ["Behind mountains, there are mountains"]—Haitian proverbThe phrase "I can't breathe" has become a worldwide rallying cry against injustice. Ben Okri deems "I can't breathe" the "mantra of oppression" that should "spark (...) the real change our world so desperately needs." He attributes the phrase's remarkable impact to how it taps into our primal fear of suffocation, encouraging empathy for "seemingly insignificant people." He also brings attention to how, as a slogan, "I can't breathe" subverts institutional racism through poetic means: "Not even William Shakespeare, Walt Whitman, James Baldwin or Toni Morrison at their most eloquent came out with anything as simple in the genius of its truth as: 'I can't breathe.'" This truth is airborne: "'I can't breathe' suddenly equates racism with the deprivation of air, which is what it always was." The chokehold of racism emerged with the transatlantic slave trade and, Okri concludes, has been ever since the prohibition of breathing "freedom."The powerful convergence of poetics and politics in the slogan "I can't breathe" comes from its essential truth: the aerial nature of freedom. More than just a concept or metaphor, freedom is also something you breathe. Freedom is a kind of concept-image that depends on our intimate, life-sustaining relationship with the atmosphere. "I can't breathe" brings attention to this relationship to help redress the failure of our institutions to bestow freedom equally.The aerial nature of freedom is even more apparent in the related slogan "the air of liberty." References to "the air of liberty" occurred frequently during the French Revolution to convey the origin of the "human rights" that have become the bedrock of our democratic institutions. Today, these human rights continue to exert their legal weight for the defense of equality. Yet, when confronted with the evasive mechanism of institutional racism, they keep falling short. This predicament is partly due to [End Page 200] their supposed airtight foundation. "The air of liberty" offers a window to the turbulent time when human rights sprang conspicuously from the atmosphere, that we can reopen to shift the focus from the legal to the aerial origin of freedom. This strategy unleashes historical winds that swept across the Atlantic world, including a critical undercurrent from the Haitian Revolution that prefigured the "I can't breathe" movement and its critique of the white chokehold on freedom. Click for larger view View full resolutionFigure 1.Detail of Jean-Jacques-François Le Barbier, Déclaration des droits de l'homme et du citoyen, circa 1789 (Source: Wikimedia Commons)The best-known depiction of the 1789 Declaration of the Rights of Man and of the Citizen (Fig. 1) portrays the origin of liberty in a scene unfolding in the sky. Spreading its light and dissipating the clouds of error, the Enlightenment's eye of reason levitates like an aerostat. Its liberating power illuminates the law symbolized by a winged figure pointing to the tablets below containing the articles proclaiming that "men" are born free and equal. Despite the prominence given to the eye of reason, it is in the atmosphere in which it elevates that we must look for the elemental spring of liberty.References to the aerial nature of liberty most intriguingly surfaced in contemporary debates concerning the universality of the Declaration of the Rights of Man. The revolutionary and abolitionist Jacques Pierre [End Page 201] Brissot characterized the 1791 slave rebellion that ravaged the colony of Saint-Domingue (now Haiti) as a fight for a purer, healthier air. In a speech delivered the same year at the National Assembly, he argued that, following the storming of the Bastille and the Declaration of the Rights of Man, the "atmosphere" of inequality hovering over the plantations of Saint-Domingue had become noxious not only for the enslaved but also for the troops that France might dispatch to restore order in the colony... (shrink)

In this paper I attempt to unpack the current public debate on racial transformation in South African sport, particularly with regard to the demographic make-up of its national cricket and rugby sides. I ask whether the alleged moral imperative to undertake such transformation is, in fact, a moral imperative at all. I discuss five possible such imperatives: the need to compensate non-white South Africans for the injustices in sport’s racist history, the imperative to return the make-up of our national (...) sides to what they would have been in the absence of that history, the requirement that national sides be representative of the country, the need to eliminate ongoing racial bias in selection, and the obligation to provide all South Africans, regardless of their race, the opportunity to compete as equals for places in the national side. I argue that the first three, drawn from talk of “rectifying the injustices of the past,” “achieving demographic proportionality between the sides and the country,” “representivity,” and “transformation” itself, are not compelling. The remaining two are of great moral import, but that the sorts of phrases just mentioned, and which are frequently used in the debate, have little to do with those genuine moral requirements. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Dear White Christians: For Those Still Longing for Racial Reconciliation by Jennifer HarveyMichelle WolffDear White Christians: For Those Still Longing for Racial Reconciliation Jennifer Harvey grand rapids, mi: eerdmans, 2014. 262 pp. $25.00Absent of opaque theory and disembodied ideology, Jennifer Harvey’s Dear White Christians: For Those Still Longing for Racial Reconciliation presents an indispensable introduction to the problem of “whiteness” illustrated with concrete examples from (...) US history. Harvey’s text clearly communicates the trouble with invoking universalism, colorblindness, and most specifically reconciliation as means of improving race relations. Alternatively, in the spirit of the Black Power movement, Harvey suggests that reparations more effectively atone for racism. [End Page 202]Harvey begins with a sympathetic account of churches seeking integration as the logical counter to segregation within the context of midcentury US history. While these approaches align with the ideals of the civil rights movement, Harvey goes on to elucidate the limitations of what she calls a “reconciliation paradigm.” Pointedly, Harvey asserts that reconciliation efforts fail to acknowledge the problem of whiteness (11). She therefore provocatively contends that “to be white is to be in a state of profound moral crisis” (56). This is because white identity has been constituted by violence, consistently benefits materially from that violence, and remains indistinguishable from white supremacy’s agenda (52–55). For this reason, black identity, according to Harvey, is never parallel to white identity. Reconciliation, then, problematically masks such difference via appeals to universalism.Harvey adroitly reorients approaches to problem solving away from white progressive efforts and good intentions by attending instead to African American experience, history, and requests (11–12). For this reason, she prioritizes Black Power movements over civil rights movements (65). The former Harvey understands as properly focusing on power differentials, rather than separation, as the primary issue (106). In so doing, Harvey underscores white folks’ culpability in failing to secure reparations for African Americans.In the final section of her book, Harvey describes specific US churches’ attempts at reparations programs. This section, including some of the most demonstrative and relatable chapters, contains concrete examples that echo the defensiveness, pain, and good will that frequently surface on the part of white folks in conversations about race (228–29). The process of collecting these stories and histories appears to have been nearly as beneficial as Harvey’s proposed reparations program, for history functions as confession here (206). In addition, even these constructive chapters resist an optimistic gloss on the flawed and painstaking work of reparations programs (211).Although Harvey touches on other forms of reparations, she consistently returns to economic efforts as most pressing. While financial and material reparations are immediate and measurable, and therefore consistent with the author’s preference for pragmatism over theory, they obfuscate the pervasive disadvantages that people of color suffer in the United States today. Equal candidates for employment with identical resumes, for example, too frequently experience the bias of gender and race as signified in the candidate’s name. One’s gender performance and sexual identity can exacerbate such discrimination. These gesture at the role of social currency that permeates communal life even more thoroughly than material wealth. This is to say that reparations are an important aspect for “interrupting whiteness,” and yet they cannot be the conclusion to a more just and equitable church and society.Harvey’s extraordinarily accessible text propels conversations on ethical living in classrooms, churches, and politics. Her assessment of the problem [End Page 203] of whiteness and constructive alternative suggestion for reparations efficiently prime readers for open dialogue and practical action.Michelle WolffDuke UniversityCopyright © 2016 Society of Christian Ethics... (shrink)

This paper tries to explain why racial profiling involves a serious injustice and to do so in a way that avoids the problems of existing philosophical accounts. An initially plausible view maintains that racial profiling is pro tanto wrong in and of itself by violating a constraint on fair treatment that is generally violated by acts of statistical discrimination based on ascribed characteristics. However, consideration of other cases involving statistical discrimination suggests that violating a constraint of this kind (...) may not be an especially serious wrong in and of itself. To fully capture the significant wrong that occurs when racial profiling is targeted at black Americans or other similarly situated groups, it is argued that we should appeal to the idea that this basic injustice is exacerbated when it forms part of a larger pattern of similar actions that collectively realize a state of cumulative injustice. (shrink)

As today's battles rage between those who march under the banner of liberty and those who unfurl the flag of equality, even an engaged partisan might be forgiven for occasionally wondering whether the game is, after all, worth the candle. For one thing, neither party simply rejects the other's principle – properly understood. Egalitarians routinely emphasize that their concern for equality is, also, a concern for true liberty; thus Michael Walzer, writing “In Defense of Equality,” finds it “worth stressing that (...) equality as I have described it does not stand alone, but is closely related to the idea of liberty.” 1 Libertarians tend to be less enthusiastic in their embrace of equality, but almost all endorse some form of equality or other – for example, equality of political rights or equality before the law. It would seem, then, that the differences between egalitarians and libertarians are really over the meaning and scope of equality and liberty, and that putting the issue as one of equality vs. liberty may be misleading. More important, one can wonder whether either the egalitarian or the libertarian combination of the principles of liberty and equality is worthy of support. What society has exalted personal liberty, has taken rights more seriously, than ours? Yet who can easily dismiss Solzhenitsyn's charge that our worship of freedom has resulted in “destructive and irresponsible freedom” being granted “boundless scope,” leaving us defenseless against “the corrosion of evil”? 2 The cause of liberty against tyranny surely continues to command our support; but what conclusion ought we to draw from the facts that liberty in absentia seems so markedly more attractive than liberty in practice, and that the qualities manifested in the struggle for liberty seem so superior to those that come to the fore once liberty is secured? (shrink)

José Jorge Mendoza argues that the difficulty with resolving the issue of immigration is primarily a conflict over competing moral and political principles and is, at its core, a problem of philosophy. This book brings into dialogue various contemporary philosophical texts that deal with immigration to provide some normative guidance to immigration policy and reform.

This article argues that Hannah Arendt’s controversial essay “Reflections on Little Rock,” when situated within her analysis of Jewish assimilation, has an astute insight: racial integration and the decrease of the racial gaps in material inequality, without taking seriously the political project of building a world in common, only intensify racism in racist polities. This occurs because attempts to extend formal equality to the racially dominated give rise to the rule of racial common sense, a result of (...) a clash between the political structures of equality and the racial inequality practiced in quotidian interracial exchanges occurring in civil society. Though Arendt’s work on racism echoes criticisms of racial integration leveled by racial realist and pessimistic accounts of the Civil Rights struggle, her work points to a more expansive practice of “the political” that calls for the institutional design of formal politics as an important strategy against racism. (shrink)

Despite the declarations of international documents on minority language rights, provision is patchy for supporting minority languages in the UK, where since the 1980s governments have deliberately or unwittingly greatly raised the profile and comparative standing of English. The partial exception to this trend has been the treatment of indigenous/regional minority languages, stimulated by policies of devolution intended to revive or create a sense of national identity, and to redress perceived historic linguistic injustices. In a multicultural state or region these (...) apparently reasonable goals appear to conflict with current views of citizenship that argue for inclusiveness and equal treatment for all under the law. In particular, the question arises why indigenous minority languages should receive official support and funding that is denied to speakers of minority ethnic languages. In this article, I examine various justifications offered for this, including higher population levels, the geographical concentration of indigenous speakers, the long historical ties between regional language and culture, and the notion of promotional rights. I attempt to show each argument lacks force and ignores the fact of natural language change. I argue for an approach to indigenous languages that weights support and funding according to a range of factors including the number of minority speakers, their perceived need and the benefits that would flow from funding. Support from the local community and private sources could also be encouraged. (shrink)

After a recent spate of terrorist attacks in European and American cities, liberal democracies are reintroducing emergency securitarian measures that curtail rights and/or expand police powers. Political theorists who study ESMs are familiar with how such measures become instruments of discrimination and abuse, but the fundamental conflict ESMs pose for not just civil liberty but also democratic equality still remains insufficiently explored. Such phenomena are usually explained as a function of public panic or fear-mongering in times of crisis, but I (...) show that the tension between security and equality is in fact much deeper and more general. It follows a different logic than the more familiar tension between security and liberty, and it concerns not just the rule of law in protecting liberty but also the role of law in integrating new or previously subjected groups into a democratic community. As liberal-democratic societies become increasingly diverse and multicultural in the present era of mass immigration and global interconnectedness, this tension between security and equality is likely to become more pronounced. (shrink)

Photo ID 72893750 © Rawpixelimages|Dreamstime.com ABSTRACT Solidarity is a concept increasingly employed in bioethics whose application merits further clarity and explanation. Given how vital cooperation and community-level care are to mitigating communicable disease transmission, we use lessons from the COVID-19 pandemic to reveal how solidarity is a useful descriptive and analytical tool for public health scholars, practitioners, and policymakers. Drawing upon an influential framework of solidarity that highlights how solidarity arises from the ground up, we reveal how structural forces can (...) impact the cultivation of solidarity from the top down, particularly through ensuring robust access to important social determinants of health. Public health institutions can support solidarity movements among individuals and communities by adopting a lens of social justice when considering public health priorities and, in turn, promote health equity. INTRODUCTION Over the past two decades, scholars have invoked the concept of solidarity when assessing a wide range of topics in bioethics, from CRISPR-Cas9 technology to organ donation to structural racism.[1] However, the growing literature on solidarity has not fully examined the roles and responsibilities of institutions and governments in fostering solidarity, especially regarding public health measures that implicate entire populations. We argue that it remains unclear how public health institutions should engage with solidarity and how their engagement will affect public health and its ethics. We first take Prainsack and Buyx’ three-tiered framework as an analytical starting point.[2] We then explore how public health institutions can foster solidarity by carefully considering factors that may bolster it on an interpersonal, community, and national scale. We conclude that public health institutions should adopt a lens of social justice to promote solidarity at the interpersonal and community levels, thereby promoting equity in future public health efforts. BACKGROUND Calls for solidarity in bioethics raise longstanding normative questions about the nature and limits of our duties to one another and how to weigh autonomy over considerations of justice.[3] Though the term is diversely applied, Prainsack and Buyx propose a potentially unifying definition in the 2011 Nuffield Council report, “Solidarity: Reflections On An Emerging Concept in Bioethics.” The report defines solidarity as an activity involving “shared practices reflecting a collective commitment to carry financial, social, emotional, and or other ‘costs’ to assist others.” Their conceptualization also includes important features that distinguish solidarity from other values like empathy or altruism: solidarity emphasizes action rather than mere internal feeling and recognition of connection as motivation.[4] Bioethicists have since applied this conceptualization when analyzing issues in public and global health, given that population-level efforts need cooperation from individuals and communities. Prainsack and Buyx further note that solidarity is relevant in bioethics discourses about justice and equity, in support of providing aid to low- and middle-income countries, and as a value exemplified by European welfare states.[5] Other bioethicists have argued that promoting solidarity can contribute to community engagement, partnership with Tribal communities, and global health equity.[6] Most recently, scholars have applied solidarity as a lens to assess the COVID-19 pandemic, highlighting the pitfalls of national mitigation efforts and global disparities in disease outcomes.[7] I. Solidarity at Three Levels It seems impossible to foster solidarity in public health if we cannot identify it in general contexts. Prainsack and Buyx articulate three levels of solidarity: interpersonal solidarity, group solidarity, and legal or contractual codifications of solidarity.[8] They argue that each level inherently informs the one ‘above’ it in a unilateral direction. In other words, solidarity is fundamentally a bottom-up phenomenon. Solidarity among individuals influences group norms, which then have the potential to shape policy and institutional practice.[9] Within the Prainsack and Buyx framework, it would seem nonsensical to posit how solidarity might be expressed vertically or from the “top down.” It appears intuitively odd to imagine how a government entity might ‘be’ in solidarity with a person or group if solidarity requires some cognition about their condition per Prainsack and Buyx’ definition. Some have argued that solidarity does not seem like something that one can impose, as instances of it arise from agents recognizing and acting upon some bond rather than in response to a command. Indeed, people may be rightfully hesitant to engage in solidarity if the official messaging is overly paternalistic or coercive.[10] However, some authors have countered that governments can express solidarity through enacting structural and policy changes, though it is ambiguous how these actions are distinct from a justice-driven approach.[11] If a bottom-up approach is thus the most practical means of achieving policy that reflects solidarity, then it does not add much to public health. Institutions would be ineffective without the population’s initiation of the corresponding social norms. However, we find this conclusion overly pessimistic. Fostering a culture of solidarity to improve public health has potential merit. Prainsack and Buyx’ framework overlooks how public health actors can influence solidarity between individuals and across communities. To clarify, we agree with the view that solidarity is a bottom-up phenomenon. Solidarity may not be able to originate in a top-down fashion, but we suggest that public health institutions can take a more active role in providing the public with accurate information, promoting social justice, and intervening in the social determinants of health. II. The COVID-19 Pandemic as a Case Study Lessons learned from the ongoing COVID-19 pandemic support our argument. The pandemic deepened socioeconomic disparities in the US and hindered access to vital resources such as food, housing, and healthcare.[12] Prainsack recently noted: “[n]ext to the immediate health effects of the virus, poverty and grave inequalities have been the root causes of human suffering during the pandemic.”[13] Prior to the pandemic, many rural and low-income populations lacked reliable access to the internet and devices like laptops or smartphones. This continued lack of access restricts the flow of information and prevents people from accessing telemedicine services.[14] Preexisting social, political, and health inequities worsened health outcomes among many marginalized racial and ethnic groups. It is well-documented that communities of color, including Black, American Indian or Alaska Native, and Latinx populations, had greater COVID-related mortality and morbidity due to the effects of structural racism.[15] Although federal US agencies such as the Centers for Disease Control and Prevention enacted laws that provided safety nets (e.g., the Federal Eviction Moratorium), the majority of such programs have ended, leaving many with little assistance and the threat of further hardship.[16] These disparities are relevant because Prainsack, Buyx, and others note that solidarity arises from agents recognizing and acting on some perceived attainable collective goal(s). Income inequality and disparate access to food, education, and health care may lead people to consider public health goals unattainable. This could limit the desire to work toward those goals collectively.[17] The existing literature on collective action theory supports this intuition. It emphasizes that structural conditions, such as an absence of perceived hope for social change among a group, can lead to low ‘group efficacy’ and little willingness to cooperate, both within and across socioeconomic strata.[18] The pandemic spurred countless messages from public health agencies. The messaging did not recognize or attend to the different material realities and circumstances of the US population. How can people feel comfortable getting vaccinated if they deeply distrust the government, including public health institutions? How can people remain motivated to wear masks and distance themselves if they cannot afford basic necessities and work jobs without adequate pay and leave policies? We ask these questions to illustrate how socioeconomic disparities can marginalize people if they feel ignored, apathetic, or resentful of those better off or those in power whom they perceive to “not be doing enough.” This marginalization precludes the formation of solidarity. There are instances when a population has disparate access to resources and social capital, but solidarity may still emerge from a shared goal or vision for the future. For example, a heterogeneous population living in the same town may come together to protest an environmental injustice that impacts their water supply with the common goal of securing access to safe drinking water. However, many populations in the US failed to recognize shared goals of this kind during the COVID-19 pandemic. A significant minority of the US population was reluctant to acknowledge the severity of COVID-19 infection and thus refused to participate in efforts to mitigate its spread. Even between groups who shared the goal of slowing COVID-19 transmission, the methods were widely debated. Approximately 20 percent of the adult population eligible for vaccination remains unvaccinated.[19] Governmental bodies responsible for disseminating information, coordinating the allocation of resources, and establishing guidelines have a large role in mediating these disagreements and intervening in socioeconomic conditions that impact people's ability and willingness to engage in solidarity. III. Solidarity, Social Justice, and the Role of Public Health Institutions Adopting a lens of social justice provides further insights into how public health actors impact solidarity. Powers and Faden argue that the “foundational moral justification for the social institution of public health is social justice.”[20] Their theory of social justice has two aims. First, it ensures that everyone has a sufficient amount of the six core elements of well-being and that public health institutions are responsible for “adopting policies and creating environments” where all can flourish.[21] Second, public health institutions should distribute resources meant to promote well-being and focus on the “needs of those who are the most disadvantaged.”[22] Public health institutions should enact policies that address injustice. In doing so, public health institutions can seed the opportunity to build solidarity from the bottom up. Equipping individuals and communities with resources will foster cooperation and adherence to policies that require solidarity, such as masking and vaccination. This is consistent with arguments illustrating how institutions such as Tribal governments promote the conditions needed for their group, and especially its most vulnerable members, to flourish.[23] Addressing social determinants of health with a social justice lens will create the circumstances under which more individuals and groups can find common causes and foster solidarity. In the long run, such efforts may result in the establishment of values and practices from the bottom up. There are societal and public health preconditions required before institutions can expect their audience to act in solidarity with one another. Through their great influence over information and resources, public institutions do have the power to impact what values are most widespread. Furthermore, public health may foster trust and hope, which are important psychosocial factors that influence collective action,[24] if policies increase access to resources that promote well-being. Messaging efficacy also depends on the context of public trust, education, and whether the institutions meet one’s basic needs. Disparate messaging across different public institutions may confuse or disillusion individuals. To apply our theory of solidarity to the decision to vaccinate, a policy would be to foster conditions that facilitate access to vaccines and information about vaccine efficacy instead of imposing a top-down mandate without first eliciting public trust. IV. Counterargument Some argue that discordant public health messaging, ineffective government, and inadequate social programs can also bring people together under pressure and foster solidarity. One may argue that the most powerful motivators towards solidarity are strife and disparity, as evidenced throughout history. During the pandemic alone, political struggle and personal hardship inspired solidarity in the US, from individual neighbors helping each other to mutual aid groups forming across communities. We thus do not claim that solidarity is possible only when our government programs and public health institutions are most effective. We instead point out that solidarity can be further hindered when people feel alienated, hopeless, and pitted against each other. CONCLUSION Many competing conceptualizations of solidarity persist in the bioethics literature, and Prainsack and Buyx offer one compelling framework that public health ethicists continue to draw upon.[25] However, their framework fails to acknowledge how public health institutions impact interpersonal and group solidarity. Public health institutions can foster solidarity through actions other than mere messaging, invoking catchphrases like “we are all in this together.” Efforts to address socioeconomic preconditions and alleviate health disparities can cultivate group solidarity. As we saw during the pandemic, cooperation and solidarity go hand-in-hand with disease mitigation efforts; solidarity has clear intrinsic value.[26] As this relationship becomes more apparent, we will continue to see attempts from public health institutions to foster or invoke solidarity. Therefore, public health institutions would be remiss to ignore their role in addressing the social determinants of health. Adopting a social justice lens when planning public health interventions will clarify and strengthen their role in facilitating solidarity. Ultimately, if health disparities continue to persist or widen, it is very hard to imagine how group solidarity can ever be achieved. The widescale adoption of many public health measures needed to promote health and well-being would be conducive to solidarity. - Disclaimer: The opinions expressed are the authors’ and do not represent the views of the NIH, DHHS, or the U.S. government. Funding Disclosure: This work was supported in part by the Intramural Program of the National Institutes of Health Clinical Center. - [1] John J Mulvihill et al., “Ethical Issues of CRISPR Technology and Gene Editing through the Lens of Solidarity,” British Medical Bulletin 122 (2017): 17–29, https://doi.org/10.1093/bmb/ldx002; Ben Saunders, “Altruism or Solidarity? The Motives for Organ Donation and Two Proposals,” Bioethics 26, no. 7 (September 2012): 376–81, https://doi.org/10.1111/j.1467-8519.2012.01989.x; -Vanessa Y Hiratsuka, “SPECIAL REPORT: A Critical Moment in Bioethics: Reckoning with Anti-Black Racism through Intergenerational Dialogue A Call for Solidarity in Bioethics: Confronting Anti-Black Racism Together,” 2022, https://doi.org/10.1002/hast.1380. [2] Prainsack and Buyx, Solidarity: Reflections on an Emerging Concept in Bioethics London: Nuffield Council on Bioethics, 2011; Prainsack and Buyx, “Solidarity in Contemporary Bioethics--towards a New Approach.” Bioethics 26, no. 7 (September 2012): 343–50. https://doi.org/10.1111/J.1467-8519.2012.01987.X. [3] Bob Simpson, “A ‘We’ Problem for Bioethics and the Social Sciences: A Response to Barbara Prainsack,” Science, Technology, & Human Values 43, no. 1 (January 12, 2018): 45–55, https://doi.org/10.1177/0162243917735899. [4] Barbara Prainsack and Alena Buyx, Solidarity: Reflections on an Emerging Concept in Bioethics (London: Nuffield Council on Bioethics, 2011). [5] Barbara Prainsack and Alena Buyx, “Solidarity in Contemporary Bioethics--towards a New Approach,” Bioethics 26, no. 7 (September 2012): 343–50, https://doi.org/10.1111/J.1467-8519.2012.01987.X. [6] Bridget Pratt, Phaik Yeong Cheah, and Vicki Marsh, “Solidarity and Community Engagement in Global Health Research,” The American Journal of Bioethics : AJOB 20, no. 5 (May 3, 2020): 43–56, https://doi.org/10.1080/15265161.2020.1745930; Sara Chandros Hull, F. Leah Nez (Diné), and Juliana M. Blome, “Solidarity as an Aspirational Basis for Partnership with Tribal Communities,” The American Journal of Bioethics 21, no. 10 (October 3, 2021): 14–17, https://doi.org/10.1080/15265161.2021.1965258; Mbih J. Tosam et al., “Global Health Inequalities and the Need for Solidarity: A View from the Global South,” Developing World Bioethics 18, no. 3 (September 1, 2018): 241–49, https://doi.org/10.1111/DEWB.12182. [7] Peter West-Oram, “Solidarity Is for Other People: Identifying Derelictions of Solidarity in Responses to COVID-19,” Journal of Medical Ethics 47, no. 2 (February 1, 2021): 65–68, https://doi.org/10.1136/MEDETHICS-2020-106522; Barbara Prainsack, “Solidarity in Times of Pandemics,” Democratic Theory 7, no. 2 (December 1, 2020): 124–33, https://doi.org/10.3167/DT.2020.070215; F. Marijn Stok et al., “Social Inequality and Solidarity in Times of COVID-19,” International Journal of Environmental Research and Public Health 18, no. 12 (June 2, 2021), https://doi.org/10.3390/IJERPH18126339; Ming Jui Yeh, “Solidarity in Pandemics, Mandatory Vaccination, and Public Health Ethics,” American Journal of Public Health 112, no. 2 (February 1, 2022): 255–61, https://doi.org/10.2105/AJPH.2021.306578; Barbara Prainsack, “Beyond Vaccination Mandates: Solidarity and Freedom During COVID-19.,” Am J Public Health 112, no. 2 (February 1, 2022): 232–33, https://doi.org/10.2105/AJPH.2021.306619. [8] Prainsack and Buyx, Solidarity: Reflections on an Emerging Concept in Bioethics London: Nuffield Council on Bioethics, 2011; Prainsack and Buyx, “Solidarity in Contemporary Bioethics--towards a New Approach.” Bioethics 26, no. 7 (September 2012): 343–50. https://doi.org/10.1111/J.1467-8519.2012.01987.X. [9] Prainsack and Buyx, Solidarity: Reflections on an Emerging Concept in Bioethics London: Nuffield Council on Bioethics, 2011; Prainsack and Buyx, “Solidarity in Contemporary Bioethics--towards a New Approach.” Bioethics 26, no. 7 (September 2012): 343–50. https://doi.org/10.1111/J.1467-8519.2012.01987.X. [10] Yeh, “Solidarity in Pandemics, Mandatory Vaccination, and Public Health Ethics”; Prainsack, “Beyond Vaccination Mandates: Solidarity and Freedom During COVID-19.” [11] Ho, Anita, and Iulia Dascalu. "Relational solidarity and COVID-19: an ethical approach to disrupt the global health disparity pathway." Global Bioethics 32, no. 1 (2021): 34-50; West-Oram, Peter. "Solidarity is for other people: identifying derelictions of solidarity in responses to COVID-19." Journal of Medical Ethics 47, no. 2 (2021): 65-68. [12] Monica Webb Hooper, Anna María Nápoles, and Eliseo J. Pérez-Stable, “COVID-19 and Racial/Ethnic Disparities,” JAMA 323, no. 24 (June 23, 2020): 2466, https://doi.org/10.1001/jama.2020.8598. [13] Prainsack, Barbara. “Beyond Vaccination Mandates: Solidarity and Freedom During COVID-19.” Am J Public Health 112, no. 2 (February 1, 2022): 232–33. https://doi.org/10.2105/AJPH.2021.306619. [14] Camille A Clare, “Telehealth and the Digital Divide as a Social Determinant of Health during the COVID-19 Pandemic,” Network Modeling Analysis in Health Informatics and Bioinformatics 10 (2021): 26, https://doi.org/10.1007/s13721-021-00300-y. [15] Patrick Nana-Sinkam et al., “Health Disparities and Equity in the Era of COVID-19,” Journal of Clinical and Translational Science 5, no. 1 (March 16, 2021): e99, https://doi.org/10.1017/cts.2021.23. [16] Kathryn M Leifheit et al., “Expiring Eviction Moratoriums and COVID-19 Incidence and Mortality,” American Journal of Epidemiology 190, no. 12 (December 1, 2021): 2503–10, https://doi.org/10.1093/aje/kwab196. [17] Barbara Prainsack, “Solidarity in Times of Pandemics,” Democratic Theory 7, no. 2 (December 1, 2020): 124–33, https://doi.org/10.3167/DT.2020.070215 [18] Maximilian Agostini and Martijn van Zomeren, “Toward a Comprehensive and Potentially Cross-Cultural Model of Why People Engage in Collective Action: A Quantitative Research Synthesis of Four Motivations and Structural Constraints.,” Psychological Bulletin 147, no. 7 (July 2021): 667–700, https://doi.org/10.1037/bul0000256. [19] Department of Health and Human Services (HHS) Centers for Disease Control and Prevention (HHS/CDC), “COVID Data Tracker,” 2023, https://covid.cdc.gov/covid-data-tracker. [20] Powers, Madison, and Ruth Faden. Social Justice: The Moral Foundation of Public Health and Health Policy. 1st editio. New York: Oxford Press, 2006, p. 9 and Chapter 4 [21] Powers and Faden, Social Justice: The Moral Foundation of Public Health and Health Policy; Madison Powers and Ruth Faden, Structural Injustice: Power, Advantage, and Human Rights (New York: Oxford University Press, 2019). [22] Powers, Madison, and Ruth Faden. Social Justice: The Moral Foundation of Public Health and Health Policy. 1st editio. New York: Oxford Press, 2006, p. 10 [23] Bobby Saunkeah et al., “Extending Research Protections to Tribal Communities,” The American Journal of Bioethics 21, no. 10 (October 3, 2021): 5–12, https://doi.org/10.1080/15265161.2020.1865477. [24] Agostini and van Zomeren, “Toward a Comprehensive and Potentially Cross-Cultural Model of Why People Engage in Collective Action: A Quantitative Research Synthesis of Four Motivations and Structural Constraints.” [25] Prainsack and Buyx, Solidarity: Reflections on an Emerging Concept in Bioethics. [26] Ruth Chadwick, “COVID‐19 and the Possibility of Solidarity,” Bioethics 34, no. 7 (September 8, 2020): 637–637, https://doi.org/10.1111/bioe.12813. (shrink)

Racial profiling has come under intense public scrutiny especially since the rise of the Black Lives Matter movement. This article discusses two questions: whether racial profiling is sometimes rational, and whether it can be morally permissible. It is argued that under certain circumstances the affirmative answer to both questions is justified.

Motivated by a conviction that mass incarceration and state execution are among the most important ethical and political problems of our time, the contributors to this volume come together from a diverse range of backgrounds to analyze, critique, and envision alternatives to the injustices of the U.S. prison system, with recourse to deconstruction, phenomenology, critical race theory, feminism, queer theory, and disability studies. They engage with the hyper-incarceration of people of color, the incomplete abolition of slavery, the exploitation of prisoners (...) as workers and as "raw material" for the prison industrial complex, the intensive confinement of prisoners in supermax units, and the complexities of capital punishment in an age of abolition. -/- Contents -/- Introduction: Death and Other Penalties Geoffrey Adelsberg, Lisa Guenther, and Scott Zeman -/- Part I. Legacies of Slavery -/- Excavating the Sedimentations of Slavery: The Unfinished Project of American Abolition Brady Heiner -/- From Commodity Fetishism to Prison Fetishism: Slavery, Convict-leasing, and the Ideological Productions of Incarceration James Manos -/- Maroon Philosophy: An Interview with Russell Maroon Shoatz Russell Maroon Shoatz -/- Part II. Death Penalties -/- In Reality-from the Row Derrick Quintero -/- Inheritances of the Death Penalty: American Racism and Derrida's Theologico-Political Sovereignty Geoffrey Adelsberg -/- Making Death a Penalty: Or, Making "Good" Death a "Good" Penalty Kelly Oliver -/- Death Penalty Abolition in Neoliberal Times: The SAFE California Act and the Nexus of Savings and Security Andrew Dilts -/- On the Inviolability of Human Life Julia Kristeva (translated by Lisa Walsh) -/- Part III. Rethinking Power and Responsibility -/- Punishment, Desert, and Equality: A Levinasian Analysis Benjamin S. Yost -/- Prisons and Palliative Politics Ami Harbin -/- Sovereignty, Community, and the Incarceration of Immigrants Matt S. Whitt -/- Without the Right to Exist: Mass Incarceration and National Security Andrea Smith -/- Prison Abolition and a Culture of Sexual Difference Sarah Tyson -/- Part IV. Isolation and Resistance -/- Statement on Solitary Confinement Abu Ali Abdur'Rahman -/- The Violence of the Supermax: Toward a Phenomenological Aesthetics of Prison Space Adrian Switzer -/- Prison and the Subject of Resistance: A Levinasian Inquiry Shokoufeh Sakhi -/- Critical Theory, Queer Resistance, and the Ends of Capture Liat Ben-Moshe, Che Gossett, Nick Mitchell, and Eric A. Stanley. (shrink)

It is shown here that injustices due to racial discrimination are best identified in light of the deleterious effects they have upon their victims, rather than the beliefs and attitudes of their perpetrators. For among participants who cooperate clandestinely to bring about racial injustice there may be broad disagreement about what it is they are doing collectively, and why; or they may disagree in principle about whether what they are doing is morally right. I employ the notion of (...) ‘nomotropic’ behaviour to replace the oversimplified notion of ‘rule-following’ in order to explain how duplicity and hypocrisy fall shy of being regarded as irrational in social climates where implicit norms reinforce racial privileging while explicit norms denounce it. Further, examining the ‘collective utility’ of dogmatic beliefs and norms comprising part of the social architecture that covertly reinforces racial injustice may help to explain why it often seems to make so little diffe... (shrink)

In 1967, the superior general of the Society of Jesus, Pedro Arrupe, sent a memorandum on the American “racial crisis” to the Jesuit priests, brothers, and social institutions of the United States. Through appeals to the American legal and Catholic moral traditions, On the Interracial Apostolate articulated why Jesuits should strive to achieve racial equality, initiating a historic period of expansion in Jesuit civil rights programs. Given scholars’ limited engagement with On the Interracial Apostolate’s distinctive rhetorical features, this (...) article explains why the document was framed within the discursive framework of prophetic indictment by uncovering the influence of William J. Kenealy, a Jesuit legal scholar, on the document’s drafting. In light of this drafting history, this article concludes by suggesting that the emergence of twentieth-century “Jesuit anti-racism” can, in part, be explained by how questions about racial equality came to be understood as discrete expressions of broader debates about the American legal tradition’s moral foundations. (shrink)

How, exactly, must we strike the balance between security and equality? Must we insist, out of respect for the equality of persons, that the police refrain from using ethnic profiling and opt for some other strategy in their pursuit of terrorists, or must we allow the police to continue with this policy, which seems to sacrifice equality for the sake of security? This paper assesses the ethical status of ethnic profiling from the perspective of the ideal of equality. (...) The paper shows how the ethical status of ethnic profiling changes depending on how exactly we specify the egalitarian ideal. Furthermore, it argues that on a plausible interpretation of the ideal of equality, ethnic profiling is not in principle objectionable. (shrink)

How, if at all, should race figure in criminal trials with a jury? How far should attorneys be allowed or encouraged to probe the racial sensitivities of jurors and what does this mean for the appropriate way to present cases which involve racial profiling and, therefore, are likely to pit the words and actions of a white policeman against those of a young black man?

This article engages with H. P. P. Lötter’s account of democracy, liberty, and poverty in this IJAP symposium devoted to his book, Poverty, Ethics, and Justice. For Lötter liberty and democracy are intrinsically part of what is meant by poverty eradication and necessary instrumentally to secure whatever else it means. Lötter insists that liberty rights and socio-economic rights are interdependent and that neither has moral priority. This account is pitched at a level of generality, and contains ambiguities, that evade certain (...) hard but necessary questions, the main one being whether Lötter’s theory of the ‘co-originality’ of liberty and social rights is opposed to all reasonable constructions and entailments of the thesis of the priority of liberties. I suggest that he must accept a ‘weak’ priority thesis in order to insulate his overall argument from an authoritarian reading. Yet it is not clear whether Lötter’s would accept that politics enjoys a necessary centrality in adjudicating uncertainties within economic theory and policy-making, that democracy is irreducibly procedural in ways that licence particular voting and governing actions that are not necessarily pro-poor, and that political liberties plus a range of ‘negative’ civil liberties ought to be protected from trade-offs with prospective welfare and equality gains. Several aspects of Lötter’s account seem to block such moves, but I contend that the struggle against poverty and inequality is necessarily undertaken on a terrain of political and epistemic uncertainty, and that a democratic polity premised on institutionalised respect for uncertainty offers the best bet for realising welfare and social justice at an acceptable cost while respecting autonomy. (shrink)

This article engages with H. P. P. Lötter’s account of democracy, liberty, and poverty in this IJAP symposium devoted to his book, Poverty, Ethics, and Justice. For Lötter liberty and democracy are intrinsically part of what is meant by poverty eradication and necessary instrumentally to secure whatever else it means. Lötter insists that liberty rights and socio-economic rights are interdependent and that neither has moral priority. This account is pitched at a level of generality, and contains ambiguities, that evade certain (...) hard but necessary questions, the main one being whether Lötter’s theory of the ‘co-originality’ of liberty and social rights is opposed to all reasonable constructions and entailments of the thesis of the priority of liberties. I suggest that he must accept a ‘weak’ priority thesis in order to insulate his overall argument from an authoritarian reading. Yet it is not clear whether Lötter’s would accept that politics enjoys a necessary centrality in adjudicating uncertainties within economic theory and policy-making, that democracy is irreducibly procedural in ways that licence particular voting and governing actions that are not necessarily pro-poor, and that political liberties plus a range of ‘negative’ civil liberties ought to be protected from trade-offs with prospective welfare and equality gains. Several aspects of Lötter’s account seem to block such moves, but I contend that the struggle against poverty and inequality is necessarily undertaken on a terrain of political and epistemic uncertainty, and that a democratic polity premised on institutionalised respect for uncertainty offers the best bet for realising welfare and social justice at an acceptable cost while respecting autonomy. (shrink)

Racism in its more rigorous usage denotes a complex process of collective injustice whereby one group of people effectively enforces upon another group of people a system of social subordination and economic exploitation. -/- Although the term has been developed to specifically address relations between groups distinguished by racialized traits, which are ultimately arbitrary, the dynamics of racism also offer invaluable first approximations for modeling collective oppression as such. Historically, movements against racism, such as slavery abolition, antiapartheid, or civil rights, (...) have inspired forms of analysis that have been applied to sexism, heterosexism, ableism, and other global systems of collective injustice. . . . (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.

Slavery and slave trade gave birth to racism and society has been struggling towards its prevention and possible elimination with little success. Martin Luther King Jr wrote in his letter from the Birmingham jail: “Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny.” Until this undeniable fact is understood and emphasized our contemporary society is heading towards a state of an uncontrollable wildfire of anarchy. It (...) is obvious that all fingers are not equal but that does not negate the fact that all men irrespective of colour or race are created equal—configured with brain, flesh, water, and blood. Racial discrimination is a moral and systemic sin that must be confronted and vehemently condemned. The main thrust of this paper is to expose various forms of racial discrimination ravaging the contemporary society with a view to postulating ideas geared towards its prevention and possible elimination. Relying on observational and historical methods, relevant data required will be elicited. The paper identified among other things that racism is resurging in the 21st century to a threatening dimension that if a coordinated action is not urgently taken, it will result into an uncontrollable wildfire of anarchy. The researcher therefore recommends the need to reemphasize respect and tolerance for all humanity. (shrink)

There are many East and West debates on human rights. One of them is whether all civil and political rights are human rights. On one hand, scholars generally agree that rights to physical security are human rights. On the other hand, some scholars argue that rights to political liberty are only Western rights but not human rights because political liberty conflicts with some East Asian cultural factors, especially the Confucian tradition. I argue that physical security also conflicts with (...) some parts of the Confucian tradition, but rights to physical security are still human rights because physical security is a minimal value. I then argue that political liberty, similar to physical security, is also a minimal value. Therefore, similar to rights to physical security, rights to political liberty are also human rights, even though political liberty also conflicts with some parts of the Confucian tradition. (shrink)

This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. I argue (...) that a historicized difference principle considers the relative standing of racial, gender, and other historically stigmatized groups; provides their members assurance by weakening incentives to manipulate justice to another group’s advantage; and may result in policies resembling reparations, though justified by forward-looking considerations of self-respect and public assurance. I then examine how disrespectful justifications were historically used to forcibly include indigenous peoples as citizens. While Rawls thinks providing citizens one package of basic liberties signals respect, indigenous self-government could better support self-respect. I invoke Rawlsian international justice, which calls for mutual respect between peoples. Indigenous peoples’ status should reflect their past and persisting peoplehood, providing assurance by weakening incentives to unjustly transform international into domestic contexts. (shrink)

Counter-terrorism officials in the USA and the UK responded to the events of 11 September 2001 and 7 July 2005 with an increasing resort to the use of ?intelligence-led policing? methods such as racial and religious profiling. Reliance on intelligence, to the effect that most people who commit a certain crime have a certain ethnicity, can lead to less favourable treatment of an individual with that ethnicity because of his membership in that group, not because of any act he (...) is suspected or known to have committed. This paper explains the context in which intelligence-led policing flourishes, and how this discussion contributes to the profiling debate in both the USA and the UK, and then sets out two key contentions. First, we argue that Article 14 ECHR as applied under the UK Human Rights Act has a more protective, and less ?prosecutorial?, conception of discrimination than has the US Equal Protection Clause, meaning that judges need not find a discriminatory motive to find that discrimination has occurred. Second, we contend that Article 14 provides the judiciary with the key tool of proportionality, which, when properly applied, makes it harder for discrimination to stand up to scrutiny. (shrink)

The formation of the modern state, the rise of capitalism, the Renaissance and Reformation, the scientific revolution and the Age of Enlightenment have all been attributed to the “early modern” period. Nearly everything about its history remains controversial, but one thing is certain: it left a rich and provocative legacy of political ideas unmatched in Western history. The concepts of liberty, equality, property, human rights and revolution born in those turbulent centuries continue to shape, and to limit, political discourse today. (...) Assessing the work and background of figures such as Machiavelli, Luther, Calvin, Spinoza, the Levellers, Hobbes, Locke and Rousseau, Ellen Wood vividly explores the ideas of the canonical thinkers, not as philosophical abstractions but as passionately engaged responses to the social conflicts of their day. (shrink)

Equality is the great political issue of our time. Liberty is forgotten: Fraternity never did engage our passions: the maintenance of Law and Order is at a discount: Natural Rights and Natural Justice are outmoded shibboleths. But Equality—there men have something to die for, kill for, agitate about, be miserable about. The demand for Equality obsesses all our political thought. We are not sure what it is—indeed, as I shall show later, we are necessarily not sure what it is—but we (...) are sure that whatever it is, we want it: and while we are prepared to look on frustration, injustice or violence with tolerance, as part of the natural order of things, we will work ourselves up into paroxysms of righteous indignation at the bare mention of Inequality. (shrink)

‘Unconscious bias happens by our brains making incredibly quick judgements and assessments without us realising. Biases are influenced by background, cultural environment and experiences and we may not be aware of these views and opinions, or of their full impact and implications. This article opposes this point of view by arguing that bias is not unconscious but is conscious and linked to Charles Mills’ ‘Racial Contract’ and its ‘epistemologies of ignorance’. These epistemologies emerge from what the Equality Challenge (...) Unit calls ‘our background, cultural environment and personal experience’. Asserting that racism stems from ‘unconscious bias’ diminishes white supremacy and maintains white innocence as a ‘will to forget’ institutional racism. In equality and diversity training ‘unconscious bias’ has become a performative act to move beyond racism through training to participate in a constructed ‘post-racial’ reality. The article argues that through decolonizing ‘unconscious bias’, ‘white fragility’ and ‘self-forgiveness’ we can begin to see hidden institutional whiteliness at the base of conscious bias. (shrink)