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- All Subjects: Legal Responsibility
- Creators: Tsosie, Rebecca
- Member of: Theses and Dissertations
Description
Law and science are fundamental to the operation of racism in the United States. Law provides structure to maintain and enforce social hierarchies, while science ensures that these hierarchies are given the guise of truth. Biologists and geneticists have used race in physical sciences to justify social differences, while criminologists, sociologists, and other social scientists use race, and Blackness in particular, as an explain-all for criminality, poverty, or other conditions affecting racialized peoples. Social and physical sciences profoundly impact conceptualizations and constructions of race in society, while juridical bodies give racial science the force of law—placing legal benefits and criminal punishments into play. Yet, no formal rules govern the use of empirical data in opinions of the Supreme Court. My dissertation therefore studies the Court’s use of social scientific evidence in two key cases involving race and discrimination to identify what, if any, social scientific standards the Court has developed for its own analysis of scientific evidence. In so doing, I draw on Critical Race Theory (CRT) and Institutional Ethnography (IE) to develop a methodological framework for the study and use of social sciences in the law. Critical Race scholars generally argue that race is a social and legal construct and racism is endemic, and permanent, while Institutional Ethnography provides a social scientific method for rigorous study of the law by mapping and illuminating relationships of power manifested in social institutions that construct consciousness and place for marginalized groups in society. Combining methods of IE with epistemologies of CRT, I propose Critical Race Methodologies in the study of Fisher v. University of Texas at Austin and Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. These two cases from recent terms of the Supreme Court involve heavy use of social sciences in briefing and at oral argument, and both cases set standards for racial inclusiveness in Texas. Throughout this dissertation, I look at how law and social sciences co-construct racial meanings and racial power, and how law and social science understand and misunderstand one another in attempting to scientifically understand the role of race in the United States.
ContributorsChin, Jeremiah Augustus (Author) / Brayboy, Bryan McK.J. (Thesis advisor) / Tsosie, Rebecca (Committee member) / Gomez, Alan (Committee member) / Arizona State University (Publisher)
Created2017
Description
This dissertation engages with the philosophical, psychological, and scientific literature on two important topics: empathy and human enhancement. My two broad goals are to clarify the role of empathy in ascriptions of responsibility and to consider how enhanced empathy might alter those ascriptions.
First, I argue that empathy is best thought of as a two-component process. The first component is what I call the rational component of empathy (RCE). RCE is necessary for moral responsibility as it allows us to put ourselves in another's shoes and to realize that we would want help (or not to be harmed) if we were in the other's place. The second component is what I call the emotive component of empathy (ECE). ECE is usually an automatic response to witnessing others in distress. Expanding on Michael Slote's view that moral distinctions track degrees of empathy, I argue that it is ECE that varies in strength depending on our relationship to specific people.
Second, I argue that in order to achieve Peter Singer's goal an "expanding circle" of care for all human beings, it will be necessary to use some form of artificial empathy enhancement. Within this context, I try to show that empathy enhancement is 1) a reasonably foreseeable possibility within the next decade or so, and 2) morally defensible.
Third, I argue that philosophers who argue that psychopaths are not morally responsible for their actions are mistaken. As I see it, these philosophers have erred in treating empathy as a singular concept and concluding that because psychopaths lack empathy they cannot be held morally responsible for their actions. The distinction between RCE and ECE allows us to say that psychopaths lack one component of empathy, ECE, but are still responsible for their actions because they clearly have a functional RCE.
Fourth, I paint a portrait of the landscape of responsibility with respect to the enhanced empath. I argue that the enhanced empath would be subject to an expanded sphere of special obligations such that acts that were previously supererogatory become, prima facie, morally obligatory.
First, I argue that empathy is best thought of as a two-component process. The first component is what I call the rational component of empathy (RCE). RCE is necessary for moral responsibility as it allows us to put ourselves in another's shoes and to realize that we would want help (or not to be harmed) if we were in the other's place. The second component is what I call the emotive component of empathy (ECE). ECE is usually an automatic response to witnessing others in distress. Expanding on Michael Slote's view that moral distinctions track degrees of empathy, I argue that it is ECE that varies in strength depending on our relationship to specific people.
Second, I argue that in order to achieve Peter Singer's goal an "expanding circle" of care for all human beings, it will be necessary to use some form of artificial empathy enhancement. Within this context, I try to show that empathy enhancement is 1) a reasonably foreseeable possibility within the next decade or so, and 2) morally defensible.
Third, I argue that philosophers who argue that psychopaths are not morally responsible for their actions are mistaken. As I see it, these philosophers have erred in treating empathy as a singular concept and concluding that because psychopaths lack empathy they cannot be held morally responsible for their actions. The distinction between RCE and ECE allows us to say that psychopaths lack one component of empathy, ECE, but are still responsible for their actions because they clearly have a functional RCE.
Fourth, I paint a portrait of the landscape of responsibility with respect to the enhanced empath. I argue that the enhanced empath would be subject to an expanded sphere of special obligations such that acts that were previously supererogatory become, prima facie, morally obligatory.
ContributorsGurney, David (Author) / McGregor, Joan (Thesis advisor) / Brake, Elizabeth (Committee member) / Marchant, Gary (Committee member) / Tsosie, Rebecca (Committee member) / Arizona State University (Publisher)
Created2016