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"Botts, Tina Fernandes"
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This book philosophically explores how changing conceptions of race and equality have affected Supreme Court interpretations of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution over the years. In the years since the 14th Amendment was ratified in 1868, in its decisions interpreting the Equal Protection Clause, the Supreme Court has switched from using a sociocultural concept of race to using a biological concept of race, and during the same time period has switched from using a social to a legal concept of equality. One result of these trends is the recent emergence of something called 'reverse discrimination.' Another result is that the Equal Protection Clause no longer specially protects racialized persons from racial discrimination, as it was originally intended to do. Using the tools of legal hermeneutics, critical philosophy of race, and critical race theory, key cases of racial discrimination in equal protection law are examined through a historical lens. The Supreme Court’s switch, over the years, from interpreting the Equal Protection Clause as specially protecting racialized persons from continued racial discrimination after the end of the institution of chattel slavery, to interpreting the Clause as protecting everyone from racial discrimination, is tracked alongside changing conceptions of race and equality. As the concept of race became biological, the concept of equality became legal, and the result was the elimination of remedying the negative effects of chattel slavery on the equality status of racialized persons from the Supreme Court’s list of priorities.
eBook
Philosophy and the mixed race experience
This book explores the experiences and philosophical work product of mixed race philosophers, as well as possible links between the two. Some books address mixed-race identity, and some anthologies focus on mixed-race identity, but this is the first anthology on the philosophy of mixed-race, and the first anthology by mixed-race philosophers.
eBook
Race and Method
Methodological tools for doing philosophy that take into account the historical context of the phenomenon under consideration (such as are often used in the continental tradition) are arguably better suited for examining questions of race and gender than acontextual or ahistorical methodological tools (such as are often used often in the analytic tradition). Accordingly, Rebecca Tuvel's \"defense\" of so-called transracialism (based largely on an analogy to the transgender experience) arguably veers off track to the extent that it relies on acontextual and ahistorical tools. While Tuvel argues, largely relying on such tools, that so-called transracialism is both metaphysically possible and ethically permissible, from a perspective that factors in context and history, so-called transracialism is arguably neither. Nonetheless, Tuvel's ethical call to the effect that an individual right to racial self-definition should be acknowledged has its appeal. However, the lesson to be learned from the Tuvel affair arguably has less to do with the metaphysical or ethical status of so-called transracialism than with changes that arguably need to be made in the way mainstream/analytic professional philosophy goes about its business, particularly with regard to non-ideal topics like race and gender.
Journal Article
What Is the State of Blacks in Philosophy?
This research note is meant to introduce into philosophical discussion the preliminary results of an empirical study on the state of blacks in philosophy, which is a joint effort of the American Philosophical Association's Committee on the Status of Black Philosophers (APA CSBP) and the Society of Young Black Philosophers (SYBP). The study is intended to settle factual issues in furtherance of contributing to dialogues surrounding at least two philosophical questions: What, if anything, is the philosophical value of demographic diversity in professional philosophy? And what is philosophy? The empirical goals of the study are (1) to identify and enumerate U.S. blacks in philosophy, (2) to determine the distribution of blacks in philosophy across career stages, (3) to determine correlates to the success of blacks in philosophy at different career stages, and (4) to compare and contrast results internally and externally to explain any career stage gaps and determine any other disparities.
Journal Article
What Is the State of Blacks in Philosophy?
This research note is meant to introduce into philosophical discussion the preliminary results of an empirical study on the state of blacks in philosophy, which is a joint effort of the American Philosophical Association's Committee on the Status of Black Philosophers (APA CSBP) and the Society of Young Black Philosophers (SYBP). The study is intended to settle factual issues in furtherance of contributing to dialogues surrounding at least two philosophical questions: What, if anything, is the philosophical value of demographic diversity in professional philosophy? And what is philosophy? The empirical goals of the study are (1) to identify and enumerate U.S. blacks in philosophy, (2) to determine the distribution of blacks in philosophy across career stages, (3) to determine correlates to the success of blacks in philosophy at different career stages, and (4) to compare and contrast results internally and externally to explain any career stage gaps and determine any other disparities.
Journal Article
The hermeneutics of equal protection analysis
The meaning of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution is a hotly contested issue in contemporary constitutional theory. Contemporary interpretations generally fall into one of two categories, understood to be theoretically opposed: those derived through originalism and those derived through non-originalism. From the perspective of an approach to constitutional interpretation based in philosophical hermeneutics, however, there is a third alternative available for thinking about what the Equal Protection Clause means known as legal hermeneutics. Legal hermeneutics acknowledges the importance of the text, as originalism does, in the determination of credible meaning, but also acknowledges the roles of history, socio-historical context, and the identity of the interpreter, as nonoriginalism does. In this way, legal hermeneutics acts as a sort of middle road between originalist and non-originalist approaches. However, the strength of legal hermeneutics is not that it takes this middle road, but that it, unlike the other approaches, is grounded in and faithful to the necessary structures of the interpretive process itself. The following work uses legal hermeneutics to develop a more hermeneutically credible meaning of the Equal Protection Clause than either originalist or non-originalist approaches are capable of providing. The result is a meaning of the Equal Protection Clause according to which (1) the Clause operates as a remedial measure to protect the equality rights of members of marginalized, oppressed, and subjugated groups only, and (2) strict scrutiny is the applicable level of judicial review for any hermeneutically credible violation of the Equal Protection Clause.
Dissertation