Racial Profiling and Background Injustice

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.     

Racial Profiling Versus Community

abstract A police technique known as racial profiling draws on statistical beliefs about crime rates in racial groups. Supposing that such beliefs are true, and that racial profiling is effective in fighting crime, is such profiling morally justified? Recently, Risse and Zeckhauser have explored the racial profiling of African‐Americans and argued that justification is forthcoming from a utilitarian as well as deontological point of view. Drawing on criticisms made by G. A. Cohen of the incentives argument for inequality, I argue that, assuming that crime rates between different racial groups would converge in the absence of racial discrimination and unjust inequality, racial profiling is comprehensively unjustified. I also explain that, because Risse and Zeckhauser simply compare the status quo with an outcome that differs from it only in respect of the practice of racial profiling, they fail to show that such profiling is non‐comprehensively justified. And, exploring the problem from the point of view of a deontological concern for fairness, I identify a number of situations in which it would be non‐comprehensively unjustified to implement racial profiling (as well as some in which it might be non‐comprehensively unjustified not to implement racial profiling).     

Racial Profiling and Criminal Justice

According to the main argument in favour of the practice of racial profiling as a low enforcement tactic, the use of race as a targeting factor helps the police to apprehend more criminals. In the following, this argument is challenged. It is argued that, given the assumption that criminals are currently being punished too severely in Western countries, the apprehension of more criminals may not constitute a reason in favour of racial profiling at all.     

The Art of the Unseen: Three challenges for Racial Profiling

This article analyses the moral status of racial profiling from a consequentialist perspective and argues that, contrary to what proponents of racial profiling might assume, there is a prima facie case against racial profiling on consequentialist grounds. To do so it establishes general definitions of police practices and profiling, sketches out the costs and benefits involved in racial profiling in particular and presents three challenges. The foundation challenge suggests that the shifting of burdens onto marginalized minorities may, even when profiling itself is justified, serve to prolong unjustified police practices. The valuation challenge argues that although both costs and benefits are difficult to establish, the benefits of racial profiling are afflicted with greater uncertainty than the costs, and must be comparatively discounted. Finally, the application challenge argues that using racial profiling in practice will be complicated by both cognitive and psychological biases, which together reduce the effectiveness of profiling while still incurring its costs. Jointly, it is concluded, these challenges establish a prima facie case against racial profiling, so that the real challenge consists in helping officers practice the art of the police and not see that which it is useless that they should see.     

Treating People as Equals: Ethical Objections to Racial Profiling and the Composition of Juries

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.     

Testimonial Injustice and Mindreading

Miranda Fricker maintains that testimonial responsibility is the proper corrective to testimonial injustice. She proposes a perceptual‐like “testimonial sensibility” to explain the transmission of knowledge through testimony. This sensibility is the means by which a hearer perceives an interlocutor's credibility level. When prejudice causes a hearer to inappropriately deflate the credibility attributed to a speaker, the sensibility may have functioned unreliably. Testimonial responsibility, she claims, will make the capacity reliable by reinflating credibility levels to their proper degree. I argue that testimonial sensitivity may be or involve “mindreading,” the cognitive capacity by which we predict human behavior and explain it in terms of mental states. Further, I claim that, if testimonial sensibility is or involves mindreading, and mindreading is a function of brain processes (as claimed by cognitive neuroscientists), testimonial injustice cannot be corrected by testimonial responsibility. This is because 1) it appears to rely on conscious awareness of prejudice, whereas much bias occurs implicitly, and 2) it works at the individual level, whereas testimonial injustice occurs both individually and socially. I argue that the remedy for testimonial injustice is, instead, engaging in social efforts that work below the level of consciousness.     

The Injustice of Hell

International Journal for Philosophy of Religion -     

Epistemic Injustice in Social Cognition

Silencing is a practice that disrupts linguistic and communicative acts, but its relationship to knowledge and justice is not fully understood. Prior models of epistemic injustice tend to characterize silencing as a symptom that follows as a result of underrepresenting the knowledge of others. In this paper, I advance a model of epistemic injustice in which the opposite sometimes happens. Drawing on recent work in experimental cognitive science, I argue that silencing can cause misrepresentations of knowledge and, subsequently, epistemic injustice to occur. Drawing on recent work in epistemology, I also argue that, according to some leading theories, silencing potentially causes ignorance by depriving individuals and communities of knowledge itself. These findings expand our understanding of silencing in social practice, contribute a broader model of epistemic injustice for research at the intersection of ethics and philosophy of mind, and have implications for leading theories of knowledge in epistemology.     

Respect and Types of Injustice

Jonathan Wolff and Timothy Hinton have criticized a version of liberal egalitarianism, often associated with Ronald Dworkin, for promoting an account of social justice that fails to treat everyone with respect. This paper analyses Wolff’s and Hinton’s critiques, particularly with regard to how notions of self-respect and respect-standing are deployed. The paper argues that the analyses of both Wolff and Hinton display affinities with a dualist approach to social justice. A dualist approach theorizes respect as an aspect of both distributive, socioeconomic injustice and cultural injustice, rather than of the former only, which is typical of liberal egalitarianism. Nancy Fraser is widely associated with such a dualist framework, so her version is used to assess Wolff’s and Hinton’s work. The paper argues that both make use of ideals and commitments from the dualist approach to justice in their respect objection. However, despite their evident sympathy for the notion of cultural injustice, both continue to theorize respect primarily as an aspect of distributive justice. Thus, for cultural justice theorists, Wolff’s and Hinton’s critiques of Dworkinian justice may leave something to be desired. Thanks to Anne Phillips, Kathy King, Tamara Jugov, Neal Razzell and reviewers for Res Publica for comments on an earlier draft of the paper. Thanks to Itai Rabinowitz for insightful conversations about the issues touched on here. Thanks to the Commonwealth Scholarship Commission and the Social Sciences and Humanities Research Council of Canada for making this research possible.     

Political Conviction and Epistemic Injustice

Philosophia - Epistemic injustice occurs when we fail to appropriately respect others as epistemic agents. Philosophers building on the work of Miranda Fricker, who introduced the concept, have...     

Hermeneutical Injustice and Liberatory Education

Hermeneutical injustice occurs when there is a gap in the interpretive resources available to members of a society due to the marginalization of members of a social group from sense‐making practices. In this paper, I address two questions about hermeneutical injustice that are undertheorized in the recent literature: (1) what do we mean when we say that someone lacks the interpretive resources for making sense of an experience? and (2) how do marginalized individuals develop interpretive resources? In response to (1), I argue that to lack interpretive resources is to lack conceptual skill or know how. In response to (2), I draw on resources from Gilbert Ryle and Andy Clark and provide a model of how marginalized individuals develop new conceptual skills by naming their shared experience and using it as a tool for scaffolding each other's conceptual performance. At the same time, I draw on the work of Gaile Pohlhaus and Kristie Dotson to show how these practices succeed only through the redistribution of epistemic power across differently situated social groups.