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Here’s a philosophical exercise. Imagine a situation in which a civilian commits an injustice, the kind against which you believe it is permissible to use deception, subterfuge or violence to defend yourself or others. For instance, imagine your friend makes an improper stop at a red light, and his dad, in anger, yanks him out of the car, beats the hell out of him, and continues to strike the back of his skull even after your friend lies subdued and prostrate. May you use violence, if it’s necessary to stop the father? Now imagine the same scene, except this time the attacker is a police officer in Ohio, and the victim is Richard Hubbard III, who in 2017 experienced just such an attack as described. Does that change things? Must you let the police officer possibly kill Hubbard rather than intervene?

Most people answer yes, believing that we are forbidden from stopping government agents who violate our rights. I find this puzzling. On this view, my neighbours can eliminate our right of self-defence and our rights to defend others by granting someone an office or passing a bad law. On this view, our rights to life, liberty, due process and security of person can disappear by political fiat – or even when a cop has a bad day. In When All Else Fails: The Ethics of Resistance to State Injustice (2019), I argue instead that we may act defensively against government agents under the same conditions in which we may act defensively against civilians. In my view, civilian and government agents are on a par, and we have identical rights of self-defence (and defence of others) against both. We should presume, by default, that government agents have no special immunity against self-defence, unless we can discover good reason to think otherwise. But it turns out that the leading arguments for special immunity are weak.

Since 2002, the US Department of Justice’s WEB Du Bois program has sponsored research fellowships on issues of race and criminal justice. During Republican and Democratic administrations, a diverse group of academics have carried the spirit of the noted sociologist and civil rights leader to the race challenges of the 21st century. Given the racial disparity endemic at every stage of the justice system the DoJ’s investigation of these issues has been praiseworthy. But with Jeff Sessions as attorney general exploring the roots of this injustice may now be compromised. In the recently released solicitation for the Du Bois fellowships the DoJ invited scholars to engage in research on five issues arising out of the “tough on crime” era that would make a student of the Du Bois legacy shudder. Whereas Du Bois is widely known for promoting the idea that “the problem of the 20th century is the problem of the color line”, the DoJ solicitation displays no interest in such high-profile issues as police killings of unarmed black men or the impact of mass incarceration on the African American community. Instead, “protecting police officers” is the only area of law enforcement prioritized by the DoJ. Another research priority, “enhancing immigration enforcement”, coming at a moment when barely disguised racist imagery accompanies those policies, seems particularly jarring when upheld in the name of a civil rights legend. The DoJ approach to research is unfortunately consistent with the misconstrued “law and order” agenda that Jeff Sessions has brought to his leadership. Within a month of taking office Sessions had rescinded the Obama-era decision to phase out federal contracting with private prisons. That initiative had been based in part on an inspector general’s finding that such prisons had higher levels of assault and safety concerns than public prisons.

Ending racism in all of its forms would serve the purpose of social reconciliation and ending social injustice. The aspect of racism that is most readily resolved through political means is institutional racism, economic outcomes that are differentiated by race. Economic democracy is a term for the elimination of coercive economic power. The New Deal took steps in this direction. But it was motivated by the desire to save capitalism, not from an enlightened view of social reconciliation through the elimination of class conflict. Economic democracy would end the motivation for institutional racism.