Social and Behavioral Sciences Commons^™

From Justice To Fairness: Does Kant's Doctrine Of Right Imply A Theory Of Distributive Justice?, Michael Nance, Jeppe Von Platz

Philosophy Faculty Publications

The fact that Kant does not articulate a theory of distributive justice has not kept political philosophers from citing Kant as inspiration and support for whatever theory of distributive justice they favor - including those who argue that the notion of distributive justice is itself mistaken. This widespread reliance on Kant invites the question, "Does the Doctrine of Right imply a theory of distributive justice?"

To address this question, we discuss Paul Guyer's argument that Kant's Doctrine of Right implies, roughly, the principles of distributive justice as found in Rawls's justice as fairness. Guyer's argument is that Kant's theory of …

Development And Hope: Comments On Thomas Mccarthy's Race, Empire, And The Idea Of Human Development, Ladelle Mcwhorter

Philosophy Faculty Publications

Thomas McCarthy’s Race, Empire, and the Idea of Human Development is an intriguing and important book; moreover, despite its heavy themes and its fine scholarship, it is extremely readable. And it is very timely. The questions it takes up are some of the most pressing of our age: globalization, international distributive justice, and sustainable economic development in particular. Its central problematic concerns the detrimental effects of developmental thinking as a core feature of modernity. The book seeks, says McCarthy, to make “a contribution to the critical history of the present” (2), but it does not stop with critical analysis; McCarthy …

Normalization And The Welfare State, Ladelle Mcwhorter

Philosophy Faculty Publications

In Racism and Sexual Oppression in Anglo-America, I argued that as race was absorbed into biology in the nineteenth century, it was recast from a morphological typology to a function of physiological and evolutionary development. Racial difference became a sign of developmental difference. Racial groups represented stages of human evolution, and raced individuals were to be disciplined and managed in accordance with developmental norms.

The Principle Of Fairness And States’ Duty To Obey International Law, David Lefkowitz

Philosophy Faculty Publications

Philosophers and political theorists have developed a number of different justifications for the duty to obey domestic law. The possibility of using one (or more) of these justifications to demonstrate that states have a duty to obey international law seems a natural starting point for an analysis of international political obligation. Amongst the accounts of the duty to obey domestic law, one that appears to have a great deal of intuitive appeal, and that has attracted a significant number of philosophical defenders, is the principle of fairness (or fair play). In this paper, I examine the possibility of using the …

Decapitating Power, Ladelle Mcwhorter

Philosophy Faculty Publications

In “Society Must Be Defended” Foucault examines 17th century race war discourse not so much in order to understand 20th century racism or concepts of race but primarily because it constitutes an historical example of an attempt to think power without a head or king. This essay examines his account of race war discourse and the sources he used to construct it. It then takes issue with his claim that early race war discourse can be separated from 18th and 19th century racisms. Finally, it returns to the question of power and argues that the effect of the 1976 lecture …

Racism And Biopower, Ladelle Mcwhorter

Philosophy Faculty Publications

While ignorance, or at least a lack of clear and distinct experience, does not seem to have stopped our predecessors from philosophizing about all manner of things from matter to immortal souls, in the latter half of the twentieth century North American philosophers became increasingly timid about advancing propositions based primarily not on logic informed by material evidence but on intuition, creative imagination, and passionate desire. By the 1960s our generation's teachers and mentors, perhaps battered by the McCarthy years or humbled by the dazzling successes of their colleagues in the "hard" sciences, had redrawn the disciplinary boundaries tightly enough …

The Sources Of International Law: Some Philosophical Reflections, David Lefkowitz

Philosophy Faculty Publications

It seems only natural to begin the study of international law with a description of its sources. After all, whether as practitioner or scholar a person cannot begin to ask or answer questions about international law until he or she has some sense of what the law is. This requires in turn a basic grasp of the processes whereby international legal norms and regimes come to exist. Thus students of international law must engage immediately with some of the most basic questions in the philosophy of law: what is law, and what is a legal order or system.

These questions …

Book Panel Response: Symposium On Ladelle Mcwhorter's Racism And Sexual Oppression In Anglo-America: A Genealogy, Ladelle Mcwhorter

Philosophy Faculty Publications

Unfortunately I do not have space to address individually each issue these four papers raise. Instead, I will first situate my work in relation to identity politics and address fears that my approach is reductive. Then, building on comments from Professors Wilkerson and Al-Saji, I will offer some remarks about aims, methods, and shortcomings.

Racism, Eugenics, And Ernst Mayr’S Account Of Species, Ladelle Mcwhorter

Philosophy Faculty Publications

At his death at age one hundred in 2005, Ernst Mayr was hailed as the greatest evolutionary biologist of the twentieth century. His definition of species, published in 1942 in Systematics and the Origin of Species and known as the “biological species concept,” is familiar to every tenth grader: “Species are groups of interbreeding natural populations that are reproductively isolated from other such groups.” That definition, together with Mayr’s and Theodosius Dobzhansky’s theory of speciation, enabled the integration of modern genetics and Darwinian evolutionary theory. In this paper I will argue that it imported racism into the heart of modern …

On The Foundation Of Rights To Political Self-Determination: Secession, Non-Intervention, And Democratic Governance, David Lefkowitz

Philosophy Faculty Publications

From a justificatory standpoint, perhaps the most basic question with respect to secession is what, if anything, provides the moral foundation for a group’s right to secede. My aim here is to make a start to answering this question. I do so, however, by considering a different, albeit closely related, question, namely what is the nature of the wrong done to members of a qualified group denied secession by the state that currently rules them? A compelling answer to this latter question, I suggest, will contribute significantly to a satisfactory answer of the former one.

Racism And Responsibility, Ladelle Mcwhorter

Philosophy Faculty Publications

Forty years after the passage of the Civil Rights Act and the Voting Rights Act and fifty years after the historic Brown v. Board of Education decision, members of racial minority groups are still disproportionately disadvantaged in American society. Despite official civic integration, despite a massive shift in the terms of public discourse, despite a publicly avowed moral and cognitive reorientation on the part of a significant number of whites, neighborhoods and schools are more segregated than ever, whites still control an overwhelming percentage of this country's wealth and hold a virtual monopoly on elite corporate and governmental positions, the …

(Dis)Solving The Chronological Paradox In Customary International Law: A Hartian Approach, David Lefkowitz

Philosophy Faculty Publications

As traditionally conceived, the creation of a new rule of customary international law requires that states believe the law to already require the conduct specified in the rule. Distinguishing the process whereby a customary rule comes to exist from the process whereby that customary rule becomes law dissolves this chronological paradox. Creation of a customary rule requires only that states come to believe that there exists a normative standard to which they ought to adhere, not that this standard is law. What makes the customary rule law is adherence by officials in the international legal system to a rule of …

Simmons’ Critique Of Natural Duty Approaches To The Duty To Obey The Law, David Lefkowitz

Philosophy Faculty Publications

In his most recent book on the moral duty to obey the law, A. John Simmons considers and rejects a number of natural duty approaches to justifying political authority. Among the targets of Simmons’ criticism is the account defended by the book’s co-author, Christopher Heath Wellman. In this essay, I evaluate the force of Simmons’ objections to Wellman’s account of political obligation. As will become clear below, I think Wellman’s defense of the duty to obey the law defective in certain ways—but not in all of the ways that Simmons argues it is. By rebutting some of Simmons’ criticisms and …

A Theory Of Political Obligation: Membership, Commitment, And The Bonds Of Society By Margaret Gilbert (Book Review), David Lefkowitz

Philosophy Faculty Publications

Does membership in a political society, in and of itself, involve obligations to uphold that society’s political institutions? Margaret Gilbert offers a novel argument in defense of an affirmative answer to this question, which she labels the membership problem. Given a plausible construal of the concepts obligation, political society, and membership in a political society, Gilbert argues that it follows analytically that to be a member of a political society just is to have an obligation to uphold and support that society’s political institutions. The key to Gilbert’s argument is the idea of a joint commitment; those …

The Duty To Obey The Law, David Lefkowitz

Philosophy Faculty Publications

Under what conditions, if any, do those the law addresses have a moral duty or obligation to obey it simply because it is the law? In this essay, I identify five general approaches to carrying out this task, and offer a somewhat detailed discussion of one or two examples of each approach. The approaches studied are: relational-role approaches that appeal to the fact that an agent occupies the role of member in the political community; attempts to ground the duty to obey the law in individual consent or fair play; natural duty approaches; instrumental approaches; and philosophical anarchism, an approach …

On Moral Arguments Against A Legal Right To Unilateral Humanitarian Intervention, David Lefkowitz

Philosophy Faculty Publications

As the international response to recent events in Darfur demonstrates, the restriction of authority to intervene to the United Nations poses the greater legal barrier to intervention. From a practical perspective, then, the more pressing question may be whether international law ought to be modified to permit states, or multi-state organizations, to carry out unilateral humanitarian interventions; that is, interventions that are not authorized by the United Nations. The issue here is essentially a moral one: would the incorporation of a right to unilateral humanitarian intervention entail a moral improvement to international law – for example, a decrease in the …

Beyond Pluralism: Foucault's Strategic Counter To Heterosexist Categories, Ladelle Mcwhorter

Philosophy Faculty Publications

Most nonheterosexuals want to be guaranteed civil rights without regard to sexual practices; nevertheless, quite often, gay and lesbian activists formulate demands in ways that de-emphasize practice and emphasize identity. For example, instead of saying, "My having sex with women is irrelevant to the question of whether I should have custody of my child," a lesbian activist might say, "My lesbian identity is as moral and healthy as heterosexual identity and therefore should not prevent me from having custody of my child." The general claim is that lesbian or gay personhood is as good as heterosexual personhood, so lesbians and …

Self-Overcoming In Foucault's Discipline And Punish, Ladelle Mcwhorter

Philosophy Faculty Publications

Prisons are veritable universities of crime. Within them young offenders learn both the values and the techniques of hardened criminals. In addition to these lessons in professional ethics and theory, aspiring criminals also get hands-on experience within prison walls, for prisons are also centers of criminal activity: drug and arms trafficking, rape, gang warfare, and murder. And, like all good universities, prisons help their proteges make the contacts they need to further their budding careers.

Creationist Resistance To Evolution: The Patriarchal Unconscious As The Key, Ladelle Mcwhorter, Robert B. Graber

Philosophy Faculty Publications

Enlightened scientists and educators everywhere lament the persistence of disbelief in the process of evolution through natural selection, but they have done little to illuminate the psychological basis of this resistance. This neglect unfortunately applies even to psychoanalytic commentators, who, while uncovering oedipal elements in evolutionism, have remained silent about creationism. We believe, however, that psychoanalysis has much to offer toward a solution of the problem of creationism's persistence. In particular, we propose that evolutionary theory stirs a profound fear, rooted in the psychosexual developmental processes characterizing human society thus far, of female power.