Jeff Sessions recused himself from the investigation into Russian interference with the election. That means he should not have issued this statement:
Don’t get too comfortable
May 9th, 2017 4:01 pm | By Ophelia BensonTrump has fired Comey. This could be the beginning of a coup.
FBI Director James B. Comey has been dismissed by the president, according to White House spokesman Sean Spicer – a startling move that officials said stemmed from a conclusion by Justice Department officials that he had mishandled the probe of Hillary Clinton’s emails.
Comey was fired as he is leading a counterintelligence investigation to determine whether associates of President Trump may have coordinated with Russia to meddle with the presidential election last year. That probe began quietly last July but has now become the subject of intense debate in Washington. It is unclear how Comey’s dismissal will affect that investigation.
Read that second paragraph ten or twenty times, in case it didn’t sink in.
Officials said Comey was fired because senior Justice Department officials concluded he had violated Justice Department principles and procedures by publicly discussing the investigation of Hillary Clinton’s use of private email.
WHAT???????
Is this a bad dream? Am I hallucinating it?
Officials released a Tuesday memo from the Deputy Attorney General, Rod Rosenstein, laying out the rationale behind Comey’s dismissal.
“The FBI’s reputation and credibility have suffered substantial damage, and it has affected the entire Department of Justice,’’ Rosenstein wrote…
In a letter to Trump, Attorney General Jeff Sessions said that he agreed.
“I have concluded that a fresh start is needed at the leadership of the FBI,’’ Sessions wrote. “I must recommend that you remove Director James B. Comey, Jr. and identify an experienced and qualified individual to lead the great men and women of the FBI.’’
Why would they want someone experienced and qualified at the FBI when they don’t want that in any of their own people?
Mr. Comey’s dismissal was a stunning development for a president that benefited from the F.B.I. investigation of the Democratic nominee during the 2016 campaign. Separately, the F.B.I. also is investigating whether members of the Trump campaign colluded with Russia to influence the election.
The abrupt firing raised questions over whether Mr. Trump was trying to influence the Russia investigation. But he said he was following recommendations from the Justice Department, which criticized how Mr. Comey concluded the investigation into Mrs. Clinton.
Well he wasn’t going to say he was doing it to sabotage the Russia investigation, was he.
Mr. Comey broke with longstanding tradition and policies by publicly discussing the Clinton case last July and chastising her “careless” handling of classified information. Then, in the campaign’s final days, Mr. Comey announced that the F.B.I. was reopening the investigation, a move that earned him widespread criticism.
Yet many of the facts cited as evidence for Mr. Comey’s dismissal were well known when Mr. Trump decided to keep him on the job. Mr. Comey was three years in to a 10-year term.
Plus Trump loved all that. Comey probably gave him the election.
I would love to think this is just more Trump craziness, but it looks much worse than that.
Few accused of blasphemy walk free
May 9th, 2017 11:33 am | By Ophelia BensonNow for some literal oppression and violence:
A court in Indonesia has sentenced the capital’s Christian governor to two years in prison for blasphemy against Islam, in a decision that has cheered Muslim conservatives and crushed the hopes of advocates of a more pluralistic and tolerant path for their nation.
Jakarta Gov. Basuki Tjahaja Purnama, nicknamed “Ahok”, had not been expected to do time in jail, as prosecutors had sought only a suspended sentence.
But in Indonesia, few accused of blasphemy walk free. Reuters reports that Ahok was taken to a prison in east Jakarta where, according to his lawyer Tommy Sihotang, he would remain “despite his appeal process unless a higher court suspended it.”
There was no “blasphemy.” Even if you accept the concept of “blasphemy” there was none.
The blasphemy charges relate to comments Ahok made last September. He told a group of fishermen that politicians who tell them that the Quran forbids voting for non-Muslims are lying to them.
“As governor, as a public officer,” Judge Abdul Rosyad said Tuesday “the defendant should have known that religion is a sensitive issue so he should have avoided talking about religion.”
But he was talking about politicians lying about religion. That’s also labeled “blasphemy”?
Critics see Ahok’s fate as tied to a prolonged decline in religious tolerance in Indonesia. With that decline, Harsono says, has come “a rise of conservative forces which use Islam to advocate their political interests.”
The nation’s main clerical group, the Indonesian Ulema Council, issued a fatwa, or religious edict, last October accusing Ahok of blasphemy. Prosecutors later cited the fatwa in their indictment of Ahok. Critics point out that religious edicts have no bearing on Indonesia’s laws.
Islamist groups orchestrated several mass protests against Ahok that convulsed the capital’s streets. On Monday, Jokowi named the pan-Islamic group Hizbut Tahrir as being behind the protests and ordered their local arm disbanded.
Ahok’s sentence bodes ill for Jokowi, whose term as president will end in 2019. “Jokowi is very likely,” Harsono predicts, to be “accused of being the ally of a blasphemer.”
Indonesia used to be cited as an example of a majority-Muslim nation that was relatively moderate and liberal.
Count the scare-quotes
May 9th, 2017 11:08 am | By Ophelia BensonAnother entry, this one by Ani Dutta. What’s interesting about this one is the nested hedging and qualifying, which is so recursive that you end up unable to figure out what the claim is.
I have a feeling that I’m not going to be riding any popularity waves with this one, but I wanted to register my discomfort with the way in which ‘trans / gender non-conforming’ and ‘people of color’ voices have often been essentialized and homogenized in the wake of the controversy on Rebecca Tuvel’s Hypatia article that defends ‘transracialism’ and makes analogies between ‘transgenderism’ and ‘transracialism’. I do not say this ‘as’ a trans/gender non-conforming person of color (categories I use with discomfort given their US-centric hegemonic senses), as I don’t believe that occupying those positions necessarily justifies or gives more credence to the points I’m about to make. But I am referring to these categories, in which I’m often socially placed, simply to make the point that some of ‘us’ (though there’s no ‘us’) might have differing takes on both the Tuvel article and the question of transracialism than the general stance of condemnation and dismissal that ‘we’ have been associated with.
Between scare quotes and talk of essentializing and disavowals followed by avowals…we get lost in the forest. Dutta either is or is not a trans/gender non-conforming person of color, and either does or does not speak as such; I can’t tell which it is. Maybe it’s both. There is no us, but some of us might have differing takes – except that there is no us. Or ‘us.’ (If there is no ‘us’ does that mean there is an us?)
It’s one academic style, I guess, but my god it seems pointless. There might be a good point in there but I can’t tell what it is.
There’s the obligatory rebuke of Adichie, and an acknowledgement that identity is complicated, and then we get to Tuvel.
This brings me more specifically to the Tuvel article: I agree that it is simplistic and problematic on several fronts, and especially fell short in its understanding of trans issues. As critiques point out, it reduces trans identities to a medical-surgical model of transitioning to another “sex” and ignores the trans-GNC critique of sex assignment (using phrases like ‘biological sex’ and ‘male genitalia’); further, it admittedly ignores non-binary subjectivities or practices, makes the sexed body the basis for both cis and trans identity, etc. Ideally none of this should have made past peer review, but these are far wider problems with entire biomedical discourses of transsexuality and are replicated across many academic disciplines, and even in some trans activism, rather than just this article in itself, and her article is not fundamentally making claims on trans identity anyway so they do not necessarily invalidate her main argument (which could still be critiqued, but that is a separate question).
Yikes, that last sentence ran away. But what I’m wondering is what kind of peer review it is that “none of this” should have made it past. The discipline in question is philosophy, so I’m wondering what philosophical peer review has to do with any of that. What field or discipline is the authority on “non-binary subjectivities” or “the trans-GNC critique of sex assignment” or why it’s wrong to use phrases like ‘biological sex’ and ‘male genitalia’? Is any of that an academic subject at all?
Also, specifically responding to a public post by a colleague, the Tuvel piece has been accused of managerial whiteness and the violence of abstracting and controlling differences, deciding which differences are equivalent or not, etc. I do appreciate and agree with the argument that philosophy, and academic theorization more broadly, is often guilty of managerial violence and the violence of abstracting differences over material bodies and experiences that theorizers don’t inhabit or share.
The violence of abstracting differences? I think that’s an agreement too many. On the other hand Dutta does say Tuvel shouldn’t be singled out for that.
Last but not least, moving beyond the specific Tuvel case, it seems important to introspect about why many of us (POC or not) have such a gut reaction to ‘transracialism’, racial self-determination and the analogy between racial & gender identity, while gender self-determination seems to be much easier to accept (even Adichie who generalizes male privilege onto all trans women seems to accept some degree of gender self-determination). Going by my preliminary and not entirely fleshed-out train of thoughts, part of it may have to do with the different ways in which ‘race’ and ‘gender’ are socially constructed, and these differences need to be interrogated more than they have been in recent debates. Broadly speaking, there is a relentless social demand that ‘gender’ be personalized and interiorized. Both conventional cisgender and more trans-inclusive epistemologies of gender (especially in the West) *demand* that we associate gendered embodiments, expressions, behaviors, words / terms, with a deeply *interior* identity (recalling the argument that Foucault famously makes about sexuality) – our gendered actions or embodiments must *mean* something in terms of the ontology of our inner selves, must correspond with a deeply held personal identity (even if that is genderqueer or fluid or agender, inasmuch as these are ‘identities’). Much of our hard-won struggles against biological essentialism and for gender self-determination often remain imbricated in this potentially oppressive ideology, being in some sense the obverse of the cissexist idea that social sex assignment ‘naturally’ corresponds to a gendered essence…
And yet that’s the exact opposite of what the hated radical feminists think. We think there is no “gendered essence” and that saying there is is what’s oppressive.
‘Race’, in contrast, is etymologically linked with ideas of common descent and collective lineage, deriving from one’s position within a collective rather than a deeply held personal identity…
Now there we’re onto something. We’re onto why trans activism is revealing itself to be such awful politics: it’s because it’s about “a deeply held personal identity,” which is about as opposed to the political as you can get. Basing a politics on an intensely anti-political idea is a recipe for disaster, and disaster is what we’ve got.
Two years ago
May 9th, 2017 9:59 am | By Ophelia BensonInteresting. Cressida Heyes wrote that apology by the Associate Editors of Hypatia, but a couple of years ago she said something that would probably get the Guardians of Total Correctness on her ass too.
It’s a piece about Dolezal from July 2015 asking if we can really.
After being outed publicly, Dolezal brought her case to the court of public opinion, saying she is transethnic and drawing parallels between her and Caitlyn Jenner’s transgenderism.
But Hernandez-Ramdwar says being transethnic and being transgender is not the same thing.
“They do not choose to be transgender – they just are,” she says pointing out that transgender people are often dealing with actual physical, chromosomal, genetic identity elements. “On the other hand, if someone claims that they are ‘transracial’, in my opinion, they are choosing to ‘perform’ what they assume to be an ethnicity that is attached to a certain race in a certain context.”
Which is why a line needs to be drawn between race and ethnicity.
But notice she said “transgender people are often dealing with actual physical, chromosomal, genetic identity elements” – often, not always. One of the crimes people get mobbed for now is suggesting there are criteria of that kind. No no no, mustn’t say that: anyone who says she is trans is trans, end of. Identifying as trans is all there is, there isn’t any more.
Also it’s not permitted to ask any questions about criteria or reasons or how do you know. Oh hell no you can’t do that.
Also is it true that no one chooses to be transgender? How do we know? How can we know when it’s not permitted to ask? Especially when more and more of the rhetoric is about choice and identity?
“Race is a social construction based entirely on appearance; it changes according to time and place,” she says. “Ethnicity is about culture, practice, behaviour, sense of belonging – it may or may not coincide with how a person looks, but generally speaking we cannot tell someone’s ethnicity by looking at them.”
So is there such a thing as transethnicity?
“I suppose so, someone who was raised Catholic and converts to Judaism is ‘transethnic’, someone who moves to another country and takes another citizenship is ‘transethnic’ and someone who learns another language and then makes that their primary language is ‘transethnic,’” she says. “In a nutshell, we can choose our ethnicity and ties but we cannot, however choose our race as it is something based on how we are perceived by others.”
And sex isn’t? Gender isn’t?
And now Cressida Heyes.
But Dolezal’s relation to Jenner’s public coming out isn’t entirely left field. Both gender and race have complicated histories, this true. And while they don’t necessarily intersect, they are both built on the foundation of what you look like, says Dr. Cressida Heyes, Canada Research Chair in Philosophy of Gender and Sexuality and a professor at the University of Alberta.
“That’s the place where race and sex come together,” says Heyes. “One of the reasons Caitlyn Jenner has been taken seriously in the mainstream press is because she’s been made to look very conventionally feminine, she’s hot, she’s what a woman is supposed to be so people will buy it.”
The reality, explains Heyes, is for every Caitlyn Jenner there are dozens more who are trans-ambiguous, people who can’t be readily labeled as masculine or feminine.
“And they have a much harder time, people don’t think that that’s okay,” says Heyes. “Something similar is happening with interracial.”
Where were the open letters denouncing this heresy?
She points to a student she has who has a black father and white mother.
“Like Barack Obama she’s not more black than she is white but because of the way race works in Canada, as well in the States, she has to be black because that’s how other people perceive her,” says Heyes. “She identifies that way partly because that’s how the world treats her – you have some degree of choice as to how you present yourself but it’s not all up to you.”
The door Dolezal seems to have opened with the transethnic identity debate has neatly fit into the treads of race and sex, the physical representations we ascribe to identity. But Heyes says the conversation would be more constructive looking at how those identities supplement the things we do and create.
“To me, those are the interesting questions, like what kind of politics are you engaging in when you present yourself in a particular way, not are you real or are you fake,” says Heyes. “But we get really trapped by that language, who’s really black and who’s really a woman.”
Yet two years later she led the denunciation of Rebecca Tuvel.
18 more days
May 9th, 2017 6:00 am | By Ophelia BensonWhat did Donnie from Queens know and when did he know it?
Less than a week into the Trump administration, Sally Q. Yates, the acting attorney general, hurried to the White House with an urgent concern. The president’s national security adviser, she said, had lied to the vice president about his Russian contacts and was vulnerable to blackmail by Moscow.
“We wanted to tell the White House as quickly as possible,” Ms. Yates told a Senate Judiciary subcommittee on Monday. “To state the obvious: You don’t want your national security adviser compromised with the Russians.”
But President Trump did not immediately fire the adviser, Michael T. Flynn, over the apparent lie or the susceptibility to blackmail. Instead, Mr. Flynn remained in office for 18 more days. Only after the news of his false statements broke publicly did he lose his job on Feb. 13.
Ms. Yates’s testimony, along with a separate revelation Monday that President Barack Obama had warned Mr. Trump not to hire Mr. Flynn, offered a more complete public account of Mr. Flynn’s stunning fall from one of the nation’s most important security posts.
And, in particular, of Trump’s stunning failure to act on what Sally Yates told them.
It also raised fresh doubts about Mr. Trump’s judgment in keeping Mr. Flynn in place despite serious Justice Department concerns. White House officials have not fully explained why they waited so long.
That’s putting it mildly.
At the heart of Monday’s testimony were Mr. Flynn’s conversations with the Russian ambassador to the United States, Sergey I. Kislyak. Mr. Flynn denied that they had discussed American sanctions, an assertion echoed by Vice President Mike Pence and the White House press secretary, Sean Spicer. But senior F.B.I. and Justice Department officials knew otherwise. Mr. Kislyak, like many foreign diplomats, was under routine surveillance, and his conversations with Mr. Flynn were recorded, officials have said. Investigators knew that Mr. Flynn had, in fact, discussed sanctions.
Before Trump was inaugurated. He wasn’t supposed to do that, and he wasn’t supposed to lie about it.
Mr. Obama fired Mr. Flynn from his defense intelligence job. And two days after the election, he warned Mr. Trump against making Mr. Flynn his national security adviser, two former Obama administration officials said on Monday. Mr. Obama said he had profound concerns about Mr. Flynn’s taking such a job.
So the clown car gave him the job. That’ll show that pesky Obama guy!
These people are scary.
Witness tampering
May 8th, 2017 5:42 pm | By Ophelia BensonTrump is in fact engaged in witness tampering, on Twitter.
It’s this one:
Ask Sally Yates, under oath, if she knows how classified information got into the newspapers soon after she explained it to W.H. Counsel.
— Donald J. Trump (@realDonaldTrump) May 8, 2017
I was shocked by how inappropriate that is from a president talking about a Senate hearing, but it took a lawyer friend to point out that it’s witness tampering.
Some observers are reporting it that way.
Rep. Ted Lieu (D-CA) is asking whether Donald Trump committed a federal crime by engaging in witness intimidation with a tweet about Sally Yates. If Trump was convicted of witness intimidation, he could be sentenced to up to 20 years in prison.
It seems pretty ludicrous to deny that that tweet is intimidating, and it does of course name a witness. It doesn’t get much more intimidating than a mentally unstable and vindictive head of state openly threatening you.
Did @POTUS violate 18 USC 1512, which prevents "intimidation" of a witness to "influence" testimony in "official proceeding"? #SallyYates https://t.co/VnxLzmTQzt
— Ted Lieu (@tedlieu) May 8, 2017
Replies to that tweet note that the tampering one also appears on the official POTUS account, which he apparently can’t delete.
The question that Rep. Lieu raised was an interesting one. Is a tweet from the President Of The United States before a witness testifies before Congress potential witness tampering?
A judge would have to answer that question, but Trump is clearly using his social media presence to shape witness testimony. If this is a case of witness tampering, Trump’s tweets could land him in serious legal trouble.
Is that the kind of crime that law enforcement can just ignore because Republicans control everything? Could Trump murder and devour people on camera and not be prosecuted?
Testifying
May 8th, 2017 3:56 pm | By Ophelia BensonFormer acting Attorney-General Sally Yates is testifying before a Senate subcommittee.
Ms. Yates said that in the first days of the Trump administration, she told the White House counsel that Mr. Flynn was susceptible to Russian blackmail.
“General Flynn was compromised in regard to the Russians,” Ms. Yates said at the hearing.
She testified that Mr. Flynn’s conduct was “problematic.” Though Ms. Yates did not publicly reveal her underlying concerns, she did refer to discussions about sanctions between Mr. Flynn and the Russian ambassador to the United States.
The White House initially mischaracterized those discussions. Mr. Trump ultimately fired Mr. Flynn over those discrepancies.
“Mischaracterized” and “discrepancies” are polite ways of putting it. There are harsher ways.
The White House assured the public that Mr. Flynn and the Russian ambassador had not discussed sanctions.
Ms. Yates, a temporary holdover from the administration of President Barack Obama, knew otherwise. That is because the United States routinely intercepts and transcribes the phone calls of foreign diplomats.
On Jan. 26, she told Donald F. McGahn II, the White House counsel, that the misstatements made Mr. Flynn vulnerable to foreign blackmail because Russian operatives would know that he had misled his bosses.
“To state the obvious: You don’t want your national security adviser compromised with the Russians,” Ms. Yates said.
Well it’s apparently not obvious enough to Trump and his buddies.
Yates thought the White House would act on what she told them, but they didn’t. They hung on to Flynn for another two weeks, until the Post ran a story about the warnings.
Mr. Obama warned Mr. Trump against hiring Mr. Flynn when the two met in the Oval Office two days after Mr. Trump was elected, two former Obama administration officials said Monday.
Mr. Obama, who had fired Mr. Flynn as the head of the Defense Intelligence Agency, told Mr. Trump that he would have profound concerns about Mr. Flynn becoming a top national security aide, said the administration officials, who were briefed on the Oval Office conversation. Mr. Trump ignored the advice, naming Mr. Flynn to be his national security adviser.
Stupid, arrogant, irresponsible, dangerous man. He doesn’t like Obama because Obama knows how stupid he is, so he names a compromised reckless hothead national security adviser.
And he was tweeting about the mess this morning.
General Flynn was given the highest security clearance by the Obama Administration – but the Fake News seldom likes talking about that.
— Donald J. Trump (@realDonaldTrump) May 8, 2017
The hearing was clearly on Mr. Trump’s mind hours before it started.
In addition to his tweet about Mr. Flynn’s security clearance, Mr. Trump also suggested on Twitter that Ms. Yates had tipped off journalists about Mr. Flynn’s conversations with the Russian ambassador. That is a familiar beat for Mr. Trump, who has said repeatedly that the leaks of classified information are far more significant than the actual connections between Russian officials and the Trump campaign.
Because leaks are an affront to him, Donald from Queens Trump. That makes them more important than anything.
Many harmful aspects
May 8th, 2017 11:41 am | By Ophelia BensonKelly Oliver posted the link to her piece on Facebook. There are some extraordinary comments on the post.
Hanna Vered Lipkind I am sorry Kelly was insulted. But she reduces all of the outrage to petty insult and mischaracterizes the nature of the critiques and harms expressed by her trans and black colleagues, delegitimizing them, and doubling the harmful silencing effected by Tuvel’s article in the first place. How difficult would it be to acknowledge that, yes, there were many harmful aspects to Tuvel’s article, and there are very real contentions at play here? Real people with real pain this past week, folks. Reducing cries of epistemic injustice to “thought policing” is nowhere near a fair characterization. Generally, a staunch ally would want to cede some discursive space when accused of epistemic injustice.
Miss the point much? That’s just more of the same catastrophizing and hyperbole that made up this whole mess from the outset. There were no harms. Tuvel’s article did not harm anyone. It’s dishonest to keep repeating that malicious lie. Real people can work themselves into “real pain” and still be wrong about the putative source of the pain. Pain can be real and inaccurately attributed.
I wonder how much discursive space Hanna Lipkind would cede if I accused her of committing epistemic injustice against me. My guess is that the numerical value would hover right around zero.
Hanna Vered LipkindIf Kelly genuinely believes that the deadnaming is the most egregious thing about the article, then she severely misses the point of the outrage, and is consciously neglecting a host of critiques that have been expressed over the last week (not the least of which regards Tuvel’s characterization of trans being as “changing” genders) . But Oliver cannot characterize the outrage without taking on an ironic and defensive tone. What steps has she taken to sincerely legitimize the voices of those she means to ally with? Because I haven’t seen those steps taken here.
Ah so it’s a crime now to say that trans has to do with changing genders? Then what does “trans” mean? If it’s not changing genders, then it’s “cis,” no? And then, that bullying horseshit about having to “sincerely legitimize the voices of those she means to ally with” – by which of course she means agreeing with the voices, which is where all this started. We don’t have to agree with the voices.
Outrage has become the new truth
May 8th, 2017 10:58 am | By Ophelia BensonKelly Oliver, a philosophy professor at Vanderbilt, tells us about the backstage maneuvers in the Ostracism of Rebecca Tuvel.
The dust-up on social media over Rebecca Tuvel’s article, “In Defense of Transracialism” published in Hypatia: A Journal of Feminist Philosophy, has given a new meaning to the public/private split central to the history of feminism. For decades, feminists have argued the personal is political, and explored the politics of our private lives. The split between what people wrote to both Rebecca Tuvel and to me in private, and what they felt compelled to say in public is one indication that the explosion of personal insults and vicious attacks on social media is symptomatic of something much bigger than the actual issues discussed in Tuvel’s article. In private messages, some people commiserated, expressed support, and apologized for what was happening and for not going public with their support. As one academic wrote to me in a private message, “sorry I’m not saying this publicly (I have no interest in battling the mean girls on Facebook) but fwiw it’s totally obvious to me that you haven’t been committing acts of violence against marginalized scholars.” Later, this same scholar wrote, again in private, saying Tuvel’s article is “a tight piece of philosophy” that makes clear that the position that “transgender is totally legit, [and] transracial is not—can only be justified using convoluted essentialist metaphysics. I will write to her privately and tell her so.”
These are working academics, who are intimidated into public silence by the mean girls on Facebook. This is how we live now. Don’t get me wrong: I’m not blaming the academics for being intimidated, I’m blaming the mean girls for the intimidation. I’m blaming the panting eagerness with which feminist women rush to batter other feminist women into submission, or just plain into bruises and pain and defeat.
But that’s not even the worst of it.
Others went further and supported Tuvel in private while actually attacking her in public. In private messages, these people apologized for what she must be going through, while in public they fanned the flames of hatred and bile on social media.
That I blame them for. Not stepping up is one thing, and joining them in the stoning is another. That’s horrifying.
The feeding frenzy in response to Tuvel’s article couldn’t have happened without social media. The viciousness of the attacks was fueled by the mob mentality of Facebook. Dissenters, even those who just wanted a civil discussion of the issue, were shut down immediately or afraid to voice their opinions in public. Some who in private were sympathetic to Tuvel, felt compelled to join in the attacking mob. The thought police were in full force. Both Tuvel and the journal were under pressure to retract the article and apologize. In a private message to me, one of my academic friends said one editor’s Facebook apology for publishing such an “offensive” article, “sounded like something ISIS makes its captors read in a hostage video before beheading them.” Joking aside, there was (and still is) tremendous pressure to condemn Tuvel and her article. Some who joined in the protests later admitted in private that they hadn’t even read the article.
They didn’t have time; those insulting Facebook comments don’t write themselves.
I have to admit, I didn’t want to enter the Facebook shit-storm and face the wrath of the “mean girls” either. I felt the need to defend Rebecca Tuvel not only because she is a friend and former Ph.D. student of mine, but also because I respect her work, which is always well argued—whether or not you agree with it—and I found her arguments compelling. I summoned up the courage and entered the fray suggesting only that Hypatia invite critical responses to the article. This suggestion was met with ridicule and derision. I then asked critics to respond with philosophical arguments rather than lobbing insults, which was met with claims that I was doing “violence” to marginalized scholars.
The right to lob insults on Facebook is the most precious human right of all.
The most vocal figures on social media claimed they were harmed, even traumatized, by Tuvel’s article, and by my defense of its right to exist. Some said that Tuvel’s article harmed them, and I was doing violence to them, even triggering PTSD, just by calling for an open discussion of, and debate over, the arguments in the article. While I readily agree that words can do harm and that hate speech exists, my call for philosophical engagement with Tuvel’s article does not constitute harmful speech. In fact, if an essay that openly supports trans identity does violence, and defense of open debate causes PTSD, then by which name should we call the physical violence inflicted on trans people and others daily? What of the PTSD caused by domestic violence, rape, and hate crimes? If an essay written by a young feminist scholar in support of trans rights is violent and harmful, then haven’t we leveled all violence such that everything has become swept up by it, and the very notion of violence has lost its meaning?
Or, even worse, haven’t we brushed aside physical violence inflicted on women as well as trans people and others daily, in order to focus on small conceptual disagreements over what it means to identify as a race or a gender?
Through every medium imaginable, senior feminist scholars were pressuring, even threatening, Tuvel that she wouldn’t get tenure and her career would be ruined if she didn’t retract her article. When I called out the worst insulters for threatening an untenured junior feminist, they claimed they were the victims here not her. I wonder. Tuvel’s article in support of transgender and transracial identities didn’t threaten anyone, and didn’t jeopardize anyone’s career. Whereas those calling for a retraction were doing just that to a junior woman in a field, philosophy, nearly 80% of which is still populated by men and which is still resistant to feminism. A senior feminist philosopher called to warn Tuvel that she should be appealing to the “right people” if she wanted to get tenure and warned her not to publish her book on this topic or it would ruin her career and mark her as “all that is wrong with white feminism.”
This is some tyrannical shit right here.
Part of the problem with the response to Tuvel’s article is that some seem to feel that they are the only ones who have the legitimate right to talk about certain topics.
In particular, some trans women (I almost never see this from trans men) seem to feel that they are the only ones who have the legitimate right to talk about being a woman, what it means to be a woman, what (if anything) it means to “feel like” a woman, what relevance growing up female has to being a woman, what it means to “identify as” a woman, and similar questions. Women are now pretty much forbidden to talk about any of that, because it all belongs to trans women. Women are always just inches away from inadvertently saying something that might, if you squint at it in bad light, have an implication a trans woman might not like. Best just to shut up then, isn’t it – or if you must talk, use your talking to attack some other woman as a TERF.
Outrage has become the new truth. At one extreme, we have Trump and his supporters proudly embracing political incorrectness, and at the other, we have the political correctness police calling for censorship of a scholarly article written by someone working for social justice.
Right?? It’s a nightmare. Assholes on our right, assholes on our left – where the hell can we find a dry spot?
The importance of lived experience
May 7th, 2017 4:48 pm | By Ophelia BensonA friend of Rebecca Tuvel’s, Alison Suen, writes at Daily Nous about what all this has been like from that “standpoint.”
Recently, amid the controversy over Hypatia’s publication of Rebecca Tuvel’s “In Defense of Transracialism,” there has been a lot of talk in the philosophical community about the importance of lived experience. I have been reflecting on my lived experience over the past week, as one of Rebecca’s friends. Speaking from the perspective of someone who has been on the sidelines watching this whole affair unfold, I am not sure if I am ready to, as Sally Haslanger says, “go forward,” and “not focus on Rebecca Tuvel, the individual and the philosopher, and to shift the conversation to broader issues.”
I agree completely that the conversation should have been about the issues, rather than the individual. Unfortunately, it did not begin that way. Instead it began with Rebecca receiving hate mail; it began with people trashing her paper without having read it.
And since it did begin that way, and went on that way for a considerable time, it’s too late for not focusing on Tuvel, because harms need to be undone. People demanded her paper be withdrawn; colleagues apologized for the publication of her paper.
Instead of reasoned dialogue, people called her names. Instead of mentorship, Rebecca received enormous pressure from senior feminists to apologize and retract her paper.
It would be terrible for this to happen to anyone, and it was extremely painful to watch it happen to someone I care about deeply. So I hope you’d understand why I struggle to “go forward” and examine the larger issues as if Rebecca had never been targeted, shamed, or threatened.
I do, and I think it’s a bad suggestion.
Reading it feels like eating scented cotton balls
May 7th, 2017 4:17 pm | By Ophelia BensonUsually NPR is far too bland and timid and mainstream for me these days, but Annalisa Quinn’s review of Ivanka Trump’s “book” is pleasingly blunt.
Trump’s new book shares a name and a mission with her company’s marketing campaign: Women Who Work. Organized into sections with titles like “Dream Big” and “Make Your Mark,” Women Who Work is a sea of blandities, an extension of that 2014 commercial seeded with ideas lifted (“curated,” she calls it) from various well-known self-help authors. Reading it feels like eating scented cotton balls.
“My company was not just meeting the lifestyle needs of today’s modern professional woman with versatile, well-designed products,” Trump writes, undermining the care she has taken in interviews to avoid appearing as if she’s using her position to promote her brand. “It was celebrating those needs, at a price point she could afford.”
Marketingspeak all the way – lifestyle, lifestyle needs, modern, professional, versatile, well-designed, affordable…and price point. Just saying “price” is too shopkeeper-like, I guess, but “price point” makes it sound important. I bet the word “purchase” appears hundreds of times while “buy” isn’t there at all.
Ostensibly a business guide for women, Women Who Work is a long simper of a book, full of advice so anodyne (“I believe that we each get one life and it’s up to us to live it to the fullest”), you could almost scramble the sentences and come out with something just as coherent.
And that person has a job high up in the US administration!
“I’ve curated my best thinking, as well as that of so many others, in the pages of this book,” she writes (wordsmiths?), and what she means is that she rehashes her previous writings and borrows heavily from lifestyle gurus and corporate feminist authors like Sheryl Sandberg, while simultaneously claiming Women Who Work offers something radically new, “a hopeful, more authentic alternative to the way work has worked previously.”
At an affordable price point.
“[P]assion,” she writes elsewhere, “combined with perseverance, is a great equalizer, more important than education or experience in achieving your version of success.” If only the poor were more passionate.
Ah but more to the point – look how handy that is for Daddykins. He’s got zero relevant education or experience, and he’s thick as a plank, but what he does have could be called passion. It could also be called aggression, hostility, rage, sadism, narcissism, temper, thin skin, resentment…but passion is an available euphemism. There he is, orange with passion and flapping with perseverance, overcoming his total lack of education or experience or wisdom or ability to think. Awesome.
Trump’s lack of awareness, plus a habit of skimming from her sources, often results in spectacularly misapplied quotations — like one from Toni Morrison’s Beloved about the brutal psychological scars of slavery. “Freeing yourself was one thing; claiming ownership of that freed self was another,” is positioned in cute faux-handwritten capitals (and tagged #itwisewords) before a chapter on “working smarter.” In it, she asks: “Are you a slave to your time or the master of it? Despite your best intentions, it’s easy to be reactive and get caught up in returning calls, attending meetings, answering e-mails …”
Oh dear god.
In a section called “Staking Your Claim,” she writes, “Simply put, staking your claim means declaring something your own. Early in our country’s history, as new territories were acquired or opened — particularly during the gold rush — a citizen could literally put a stake in the ground and call the land theirs. The land itself, and everything on it, legally became that person’s property.” Over and over again, Trump’s message is: Take whatever you can get, and then print your name on it.
Not true. A stake was not all it took. A citizen also had to live on the land for five years.
Of course there’s also the fact that the land already belonged to other people, albeit in a communal sense as opposed to an individual possession sense – but whatever. I don’t expect Ivanka Trump to bother to learn anything about what she’s writing.
Many of the inspiring quotations Trump stakes a claim to here seem to have been culled from apocryphal inspiration memes. For instance, on the subject of asking for a raise, she quotes another black women writing on racism, Maya Angelou: “Ask for what you want and be prepared to get it.”
But the real, very different line is from Angelou’s memoir The Heart of a Woman, and it is a piece of advice about living in a racist world. “Ask for what you want,” Angelou’s mother tells her, “and be prepared to pay for what you get.”
At least she doesn’t tag that one #itwisewords, too, — I.T., standing, of course, for Ivanka Trump.
That’s how you make everything belong to you: you put your name on it.
H/t Gretchen
Time in prison for illegal campaign donations, tax evasion and witness tampering
May 7th, 2017 11:42 am | By Ophelia BensonSHANGHAI — Like many American firms that come to China looking for money, Kushner Companies on Sunday tried to woo a Shanghai audience with promises of potentially big returns and a path toward living in the United States.
But for Bi Ting, who attended the event, part of the appeal was political: Jared Kushner is the son-in-law of — and a powerful adviser to — President Trump. Virtually unheard-of in China just months ago, he is now known here as a deeply influential figure in American politics.
“The Trump relationship is an extra point for me,” Ms. Bi said, adding that she and her husband had not decided whether to invest.
The Kushner Companies’ China roadshow, promoting $500,000 investments in New Jersey real estate as the path to a residency card in the United States, moved to Shanghai on Sunday after a similar pitch on Saturday in Beijing.
Could it be any more blatant and shameless? “Hi, my wife is the president of the US’s daughter, and we both work for him. Buy shares in our company!”
Mr. Kushner has said that he has stepped back from the day-to-day operations of the family business. But government ethics filings show that he and Ivanka Trump, his wife and the president’s daughter, continue to benefit from Kushner Companies’ real estate and investment businesses, a stake worth as much as $600 million, and probably much more.
They are using their connection to increase their profits. That is not supposed to happen.
There were security guards keeping journalists out of the event. Again, this should not be happening.
But some who attended described an investor pitch similar to the one in Beijing, and Mr. Trump’s political power was palpable at the Shanghai event even if his name went unsaid. As on Saturday in Beijing, one slide presented to the Shanghai audience on Sunday showed a photograph of Mr. Trump when describing who will decide the future of the visa program for foreign investors, according to a snapshot taken by an audience member.
The Kushner Companies’ marketing push comes as Mr. Kushner is emerging as a crucial voice on China relations, brokering meetings between his father-in-law and top Chinese government officials.
Corrupt and sleazy.
Yesterday’s event in Beijing was also corrupt and sleazy, not to mention furtive.
On Saturday afternoon, Mr. Kushner’s sister Nicole Meyer made a pitch to attract $150 million in financing for a Jersey City housing development, known as One Journal Square, to more than 100 Chinese investors gathered at the Ritz-Carlton Hotel in Beijing.
The money would be provided through a much-criticized government program known as EB-5 that awards foreign investors a path to citizenship in exchange for investments of at least $500,000 in American development projects.
…
His relatives’ embrace of the EB-5 program may also pose complications for Mr. Kushner. The program has been labeled “U.S. citizenship for sale,” and it has come under scrutiny after a series of fraud and abuse scandals. Watchdogs have noted the program’s lax safeguards against illicit sources of money.
Yes but it’s money. What else matters?
Noah Bookbinder, executive director of Citizens for Responsibility and Ethics in Washington, a liberal nonprofit group, said the sales pitch by Kushner Companies in China was “highly problematic” and could be interpreted as selling access to Mr. Kushner. He called on Mr. Kushner to recuse himself from any decisions related to the EB-5 program.
Lawmakers are considering major changes to the program, through which investors, mostly from mainland China, receive about 10,000 visas each year. Some critics have urged the government to abolish it entirely. A slide displayed at the event on Saturday identified Mr. Trump as a “key decision maker” on the fate of the EB-5 program.
Plus Daddy-in-law.
On Saturday, Ms. Meyer talked about how family values had shaped Kushner Companies. She spoke of her grandparents, who survived the Holocaust, and about her father, Charles Kushner, who founded the company in 1985. He later spent time in prison for illegal campaign donations, tax evasion and witness tampering.
So that’s how family values shaped Kushner Companies. Good to know.
As Ms. Meyer spoke, journalists for The New York Times and The Washington Post were removed from the ballroom and told by organizers it was a “private event,” even though it had been publicly advertised. It was hosted by Qiaowai, a Chinese immigration agency that helps Chinese families move abroad. Ms. Meyer is scheduled to appear in other Chinese cities in the coming days.
Ms. Meyer was asked after the event whether she was concerned about possible conflicts of interest facing her brother, but she did not respond. A man accompanying her, growing angry, shouted, “Please leave us alone!”
Yeah, please leave them alone so that they can milk their connections to Donnie Trump for maximum profit.
C’est Macron
May 7th, 2017 11:03 am | By Ophelia Bensonhttps://twitter.com/France24_en/status/861279279996391426
Editors must stand behind the authors of accepted papers
May 7th, 2017 9:56 am | By Ophelia BensonThe editor of Hypatia repudiates the apology by the Associate Editors.
Critics blasted the article as a product of white and cisgender privilege, said it discounted important scholarly work by transgender and black academics, and accused its author of using harmful language.
Hundreds of scholars signed their names to an open letter calling on the journal to retract the article.
The journal didn’t go that far, but the apology, which came with a pledge to reconsider Hypatia’s review process, still seemed like an extraordinary step. Some academics applauded the swift response to widespread criticism; others criticized the unorthodox action of a journal in condemning its own publication of an article.
And, especially, the venomous lie-filled attack on an untenured junior colleague.
Meanwhile a divide in opinion has emerged not just among academics in the field, but also within Hypatia itself. Despite the public stance taken by the majority of the journal’s associate editors, Hypatia’s editor, Sally Scholz, stands behind the article’s publication and the integrity of the journal’s review process.
In a statement sent to The Chronicle, Ms. Scholz said she believes it is “utterly inappropriate for editors to repudiate an article they have accepted for publication (barring issues of plagiarism or falsification of data).”
“Editors must stand behind the authors of accepted papers,” said Ms. Scholz in the statement. “This is where I stand. Professor Tuvel’s paper went through the peer review process and was accepted by the reviewers and me.”
She added that the associate board of editors had “acted independently in drafting and posting their statement” on Facebook.
Miriam Solomon, president of the board of directors of Hypatia Inc. — the nonprofit corporation that oversees the journal and other activities, such as conferences — echoed Ms. Scholz’s disavowal. The apology did not represent the views of Hypatia’s editor, its local editorial advisers, or its editorial board, she said. “The associate editors are speaking for themselves.”
But they’re doing it on Hypatia‘s Facebook page, so it looks as if they are in fact speaking for Hypatia.
[Solomon] cited several concerns about how the statement arose. She was worried that it had not been clear to readers that the statement did not represent the views of the entire Hypatia editorial system. (Indeed, many observers either congratulated or condemned the journal after the Facebook statement appeared.) She also said she was aware that the post “was produced in a rush, in response to outcry on social media,” which she described as a “new challenge for the community.”
“Everything seems terribly urgent, and people feel like they have to make a response right away,” she said. She also noted that she did not know “how seriously an attempt was made to mediate the issues with the editor. I think the editor was blindsided by it.”
These are philosophers though. They’re academics. They’re adults. You’d think they would know how to take an outcry on social media with some degree of detachment. They don’t have to jump just because Zoé Samudzi says jump.
Like Ms. Scholz, Ms. Solomon defended Hypatia’s review processes, which she said are in line with the standards of the American Philosophical Association. Submissions to Hypatia are received by a managing editor, who anonymizes them before forwarding them to the editor. The editor then selects two reviewers to assess each article. The final decision to accept, revise and resubmit, or reject a piece lies with the editor. To her knowledge, Ms. Solomon said, there was “nothing unusual” about the process for the review of the article by Ms. Tuvel.
Well, maybe they should revise the processes, to add ten additional reviewers for any submission that discusses trans issues or race, with at least five of those reviewers being tweeters with a minimum of ten thousand followers.
One charge levied against the journal was that Ms. Tuvel’s article [might] not have been approved if Hypatia had asked a black or transgender scholar to review it. The associate editors’ apology appeared to entertain that view, pledging “to develop additional advisory guidelines to ensure that feminist theorists from groups underrepresented in our profession, including trans people and people of color, are integrated in the various editorial stages.”
Would one expect trans people to be much represented in their profession? There aren’t many academic philosophers total, and trans people are a tiny percentage of the population, so how represented could they be?
Although Hypatia has not retracted the article, it issued a small but significant “correction” on Thursday. At Ms. Tuvel’s request, the journal removed a parenthetical reference to Ms. Jenner’s birth name. The “deadnaming” of Ms. Jenner, as the practice of identifying transgender people by their birth names is known, was among the objections raised in the open letter.
“I regret the deadnaming of Caitlyn Jenner in the article,” Ms. Tuvel said in a statement issued before the correction’s appearance. “Even though she does this herself in her book, I understand that it is not for outsiders to do and that such a practice can perpetuate harm against transgender individuals, and I apologize.”
I don’t think they should have done that. I don’t think Tuvel should have said that. I’m not just being bloody-minded about it; the thing is that it’s highly relevant who Jenner was before transitioning, so that shouldn’t be concealed out of some hyperbolic Sensitivity.
Tina Fernandes Botts, an assistant professor of philosophy at California State University at Fresno, first read Ms. Tuvel’s paper before the January meeting of the American Philosophical Association’s Eastern Division, where Ms. Tuvel presented her work. Ms. Botts found the work to be “out of step” with research in critical philosophy of race and the black experience. She was scheduled to be a commenter on the paper but was unable to attend.
In a paper presented to the Res Philosophica conference at Saint Louis University last weekend, however, Ms. Botts presented her refutation in full.
She said Ms. Tuvel was correct in her assertion that both race and gender are socially constructed but had failed to understand how they are constructed in different ways. Ms. Botts argued, contra Ms. Tuvel, that race is a function of ancestry, while gender is not — which makes gender more of an individual experience. Put plainly, because race is tied to ancestry in the world, a person cannot declare being a black person trapped in a white person’s body, as Rachel Dolezal has described herself. Only someone with black ancestors can count as black.
That’s one argument, but there are others. It’s an argument; it’s not a proof or a slam-dunk demonstration or anything like that. I don’t find it remotely convincing. I think this stuff is wildly arbitrary and flimsy, while it’s being forced on us with threats and punishments. That’s not a very philosophical situation.
In the days after the article first attracted attention, a backlash to the backlash coalesced. Scholars and other critics argued that Ms. Tuvel had been the victim of a “witch hunt” and was punished for her work’s perceived political incorrectness, not its actual content. “The idea that any article in a specialized feminist journal causes harm, and even violence, as the signatories to an open letter to the journal claim, is a grave misuse of the term ‘harm,’ wrote Suzanna Danuta Walters, editor of Signs: Journal of Women in Culture and Society, in The Chronicle Review.
Brian Leiter, director of the Center for Law, Philosophy, and Human Values at the University of Chicago, argued that Ms. Tuvel could weigh a defamation suit against the Hypatia editors who publicly dressed down her scholarship. “I wonder,” he wrote on his influential philosophy blog, “did any of those professing solidarity with those who specialize in taking offense consider the very tangible harm they are doing to the author of this article?”
Nora Berenstain, an assistant professor of philosophy at the University of Tennessee at Knoxville, took issue with many of those criticisms. “It’s disingenuous to claim that this is an issue of free speech,” she said. “The criticisms of the original paper were calls for accountability.”
Ms. Berenstain wrote a critique of Ms. Tuvel’s article on Facebook before the publication of the open letter calling for the article’s retraction. The post, which she has since made private, described the article as having “egregious levels of liberal white ignorance and discursive transmisogynistic violence.”
Wouldn’t you just love to have her as a colleague?
Her post itself got some backlash, including from conservatives. (Duh. If I were a conservative this would be like a box of diamonds to me.)
In response, she said, “I think that people who have no real stake in this issue and no relevant expertise have been using this issue as clickbait.”
Ms. Berenstain said her post “was a call to feminist philosophers — particularly cisgender white women — to hold ourselves to higher standards. It wasn’t aimed at anyone outside of the discipline.”
“Most of the people who responded did not have the conceptual competence to engage with the post,” she said, “as is evidenced by the reaction to my use of the word ‘violence.’ ” She said her use of the term was a reference to the scholarly concept of structural violence, which describes “a range of systemic harms that go beyond direct interpersonal physical contact.”
Here’s an interesting fact. Something can be a “scholarly concept” and still be bullshit. It can also be a non-bullshit “scholarly concept” and be misapplied.
There’s a lot of that going on in this quarrel.
Ireland and Pakistan, BFFs
May 6th, 2017 6:17 pm | By Ophelia BensonI said good evening but that was before I saw this BBC item:
Police in the Republic of Ireland have launched an investigation after a viewer claimed comments made by Stephen Fry on a TV show were blasphemous.
Officers are understood to be examining whether the British comedian committed a criminal offence under the Defamation Act when he appeared on RTE in 2015.
Fry had asked why he should “respect a capricious, mean-minded, stupid god who creates a world…. full of injustice”.
I’ve said all that, many times. Come and get me.
Appearing on The Meaning of Life, hosted by Gay Byrne, in February 2015, Fry had been asked what he might say to God at the gates of heaven.
Fry said: “How dare you create a world in which there is such misery? It’s not our fault? It’s not right. It’s utterly, utterly evil. Why should I respect a capricious, mean-minded, stupid god who creates a world which is so full of injustice and pain?”
He went on to say that Greek gods “didn’t present themselves as being all seeing, all wise, all beneficent”, adding “the god who created this universe, if it was created by god, is quite clearly a maniac, an utter maniac, totally selfish”.
The Irish Independent reported a member of the public made a complaint to police in Ennis in the same month the programme was broadcast. He was recently contacted by a detective to say they were looking into his complaint.
Hungry for publicity, are they?
The Code of Publishing Ethics
May 6th, 2017 6:09 pm | By Ophelia BensonA series of useful comments at Daily Nous:
Most of the discussion above seems to concern the academic and moral rights and wrongs of Professor Tuvel’s article. But the “open letter” is not simply a criticism of that article: it is a demand that Hypatia retract the article (and take various other actions going forward).
Hypatia is published by Wiley and so falls under Wiley’s policy on retraction, which reads, in relevant part: “On occasion, it is necessary to retract articles. This may be due to major scientific error which would invalidate the conclusions of the article, or in cases of ethical issues, such as duplicate publication, plagiarism, inappropriate authorship, etc.” Wiley also subscribes to the Code of Publishing Ethics (COPE), which give further guidance on dealing with direct and social-media reports of problems with papers, including a requirement to contact the author and get a response from them, and an instruction to separate complaints that “contain specific and detailed evidence” from those which do not.
At least on the basis of what’s in the public domain, there seems to be no case at all for retraction:
1) The “open letter” can’t plausibly be taken as providing the “specific and detailed evidence” noted in the COPE guidelines: the four numbered complaints (discussed by Justin, above) are in total only 164 words and follow an explicit disclaimer by the letter’s author that “it is not the aim of this letter to provide an exhaustive list of problems that this article exhibits”. The very fact that the letter is open and signed by hundreds of people supports the idea that it’s intended to communicate to Hypatia *that many people think there are problems with the article* not *what the specific problems are and that they are serious enough to warrant retraction*. (Number of signatories can communicate strength of community feeling; it can’t plausibly add weight to an academic argument.)
2) If (1) is set aside and the open letter is interpreted as a list of problems meriting retraction, it seems pretty clear that it falls wildly short of Wiley’s retraction policy. There is no suggestion that there are any ethical problems with Professor Tuvel *in the sense meant by Wiley’s policy* : she does not fabricate data nor plagiarise; she conducts no formal research with subjects and so cannot have failed to get research permission; she has not published the article elsewhere. (Her alleged failure to “seek out and sufficiently engage with scholarly work by those who are most vulnerable to the intersection of racial and gender oppressions” would fall ridiculously short of counting as an ethical failing in this sense, even if the open letter provided specifics.)
So retraction would have to rely on “major scientific error which would invalidate the conclusions of the article”. In scientific contexts, that normally means straightforward errors with mathematical or technical tools, of the kind that everyone in the field – including the author(s) themselves – would recognise as invalidating the conclusions of the article. (It’s telling that COPE doesn’t even give guidelines of how to handle disputes with an author on “error” issues of this kind, presumably because scientists themselves would want to retract a paper if it had a straightforward error of this kind).
I’m not sure that *anything* could count as “major scientific error” in a philosophy article (except when that paper borrows the formal methods of other disciplines, but there is no mathematics or scientific technique in Prof. Tuvel’s article). In any case, as can be seen from this thread itself the errors in Professor Tuvel’s article, if any, are a matter of academic dispute between members of the community and so fall far short of this standard.
3) The open letter itself urges retraction not primarily on the grounds of academic failings but on wider moral grounds. (“More importantly, these failures of scholarship do harm to the communities who might expect better from Hypatia.”) But there is absolutely nothing in Wiley’s retraction policy (or COPE’s guidelines on such policies) permitting retraction on those kinds of grounds.
In addition to this, Hypatia’s own response is odd, to say the least:
4) I don’t know for certain whether Hypatia followed the COPE guidelines and contacted Professor Tuvel, and received a response from her, before their public comment. But I think it’s most unlikely: the “open letter” appears to have been in circulation for only 48 hours or so, and Professor Tuvel’s own comments don’t give any indication that she has been in correspondence with the journal since then.
5) The comment is on Hypatia’s public Facebook page, and so appears to be official in some regard; and it begins “We, the members of Hypatia’s Board of Associate Editors”. But it ends by noting that it’s signed by “a majority of the associate editors”, which strongly suggests that it’s a collective statement by that group and not an offical statement of the journal. So I don’t know what status it has. (In particular, it’s unclear whether it’s speaking for the editor of the journal.) If it *is* an unofficial statement, it seems in tension with COPE guidelines requiring confidentiality during investigations of research misconduct and the like. If it’s an official statement, it seems to have pre-empted a proper investigation, again in tension with COPE guidelines.
6) The letter mentions retraction only after its extensive mea culpa and its declaration that publishing the article was a mistake, saying “Several further types of responses have been suggested to us, including issuing a retraction … we continue to consider those responses and all of their potential ramifications thoughtfully.” I’m rather struck by the lack of any indication that the Board of Associate Editors know that their journal has an official policy and process for retraction. (One might argue, in their defense, that they’re not sufficiently close to the running of the journal to know things like that, but if so, they probably shouldn’t be writing as if they speak for the journal and take responsibility for its process.)
7) Most strikingly, the letter (insofar as it does speak for Hypatia) seems to tread a most uneasy middle way. A journal that has carried out a standard arms-length review process and on that basis published a paper has well-established responses available to subsequent criticism: it can defend its decision on grounds of academic freedom and due process, or it can carry out a proper investigation of whether there are academic or ethical grounds for retraction or correction, and then make that retraction or correction if indeed there are such grounds. The Associate Editors’ Board, in condemning publication (and themselves) ahead of any formal retraction investigation, seem to be on procedurally thin ice, and leave Professor Tuvel in a very awkward position: her paper remains published; there is a declaration, by some part of the journal team but possibly not the journal itself, that it should not have been published; in the absence of a formal process she doesn’t seem to have any appropriate scholarly recourse. In her position, I think I’d be talking to a lawyer.
That’s useful because it confirms the impression many of us have that the Associate Editors did a wildly unprofessional thing.
You said it, David. I found disturbing that among the signatories of the letter demanding a retraction were a number of current and former journal editors who should have known better than demanding a retraction in the absence of providing an actual justification for that demand, a justification that meets the standards of international ethical guidelines that are binding on the journal. The response from various people attached to the journal’s editorial management structure (ie an essentially anonymous letter of ‘the majority’ of Associate Editors) is truly something else. It seems oblivious to guidelines that are binding on the journal (COPE anyone?) To be fair, probably a lot of folks who are on journal editorial boards are not familiar with those sorts of guidelines, but still, they ought to be. An uncharitable interpretation of their letter would suggest that they do not believe procedural justice is owed to the author. There are formal processes in place to address concerns about published content, anonymous letters on behalf of ‘the majority’ of editorial board members are not quite part of those processes. Unless I have missed something, there has been silence from the actual Editor of the journal. I understand there will be Errata w/ re to the deadnaming and transgenderism issue.
Ásta:
I am one of the AEs and want to clarify a couple of things.
1. Hypatia has a complicated (feminist and procedure oriented) organizational structure where the Associate Editors select the Editors, which makes us share the responsibility with the Editors for what gets published in the journal. The AE statement is the official Hypatia statement. It was signed “A Majority of Hypatia’s board of Associate Editors” at first because time was of the essence and members were offline. This did not signify a disagreement on the board.
2. I can say that from my perspective, apart from the deadnaming (which should be relatively easy to fix) the central issue is not the topic or the conclusion, but rather to whom we consider ourselves accountable and how we theorize about other people. Hypatia is a philosophy journal, but it is not a standard one in that it is committed to the feminist community and to fighting against the ignoring and silencing of marginalized and minority voices. That practical commitment translates into a methodological one: when we theorize about other people and their experiences, we need to listen to and read what they themselves say and have said on the matter. Papers published in Hypatia should reflect that commitment.What to do? I personally think the journal owed an apology and we need to change our review process and naming policies but a retraction is a different matter. And I absolutely condemn the attacks on the author of the article. This is not about her, the topic, or the conclusion. It is about our own journal standards.
That’s insulting. And from a philosopher! Of course it’s “about her” – it’s not possible to trash her in public without its being about her. Yes it damn well is about her, and that “absolute” condemnation is not worth spit.
But another, less personal thing. This:
That practical commitment translates into a methodological one: when we theorize about other people and their experiences, we need to listen to and read what they themselves say and have said on the matter.
Who is “they”? How does anyone know which members of a given “they” to listen to and read? How does anyone then know how representative the chosen members of “they” actually are? Do all trans people think the same thing? Do they all have the same experiences? Do all non-white people?
Good evening.
A grave misuse of the term “harm”
May 6th, 2017 5:36 pm | By Ophelia BensonThe CHE has a piece by Suzanna Danuta Walters, the editor of Signs, on the Hypatia mess.
A young philosopher, Rebecca Tuvel, writes an article in which she considers claims to transracial and transgender identities. The result is a firestorm of condemnation — nasty emails, a petition to retract the article, and, worse, a journal that will not stand up for its own peer-reviewed articles. (That last point is complicated by an internal rift within the journal, Hypatia. The editor, Sally J. Scholz, does stand by the article. It was, she writes in a statement, the associate editorial board that disavowed Tuvel’s paper.)
“Disavowed” meaning they shat all over it.
There are scholars whose work needs to be not only critically engaged with but rendered moot, who, through fabricated data or improper vetting or suspicious funding, have produced work of demonstrable falsehood, with clear intent to mislead and to provide ammunition for retrogressive policy. The poster child here might be Mark Regnerus, a sociologist who argued the innate inferiority of gay and lesbian families, data be damned.
Tuvel’s paper — which I actually read — does not even remotely reach that bar. It uses the case of Rachel Dolezal as an entry point to explore questions of identity, the body, biological determinism, social constructionism, and analogies between racial and gender classification. It is a wholly legitimate, if provocative, philosophical endeavor. One can agree or disagree, or wish the author had done more of this or less of that. But the assertion that broaching the very subject produces inevitable harm is specious, to say the least. Indeed, the idea that any article in a specialized feminist journal causes harm, and even violence, as the signatories to an open letter to the journal claim, is a grave misuse of the term “harm.”
And we know why they do it, of course. It’s to justify their own shitty behavior, and to make Tuvel appear to deserve their venomous attack, and to pretend that they’re not poisonous colleagues and human beings. It’s to give them an excuse for doing a revolting, unnecessary, mean thing. It’s to pretend it’s ok to harm Tuvel.
By any measure, Tuvel is a committed feminist philosopher who repeatedly and clearly states her absolute support of trans rights. She is not Coulter or Murray or even the predictably contrarian Camille Paglia. Surely, Tuvel should not be immune to critique — none of us are. But to organize a petition and demand retraction should be an action reserved for work that is willfully erroneous, improperly vetted, and riven with demonstrable falsehoods. If those of us on the left are unable to make distinctions between legitimate intellectual disagreements and damaging lies, we will be hoist with our own petard. Our eyes aren’t on the prize but on mutual evisceration in the name of holier-than-thou rectitude. This isn’t substantive intellectual debate. It’s schoolyard name-calling.
Wouldn’t you think these people would be old enough to know better? And philosophical enough?
As a feminist journal editor, I am not only shocked by the policing move of the signatories and their weak, vague, and easily refutable argument. I am astonished by the immediate and hyperbolic “apology” by the associate editorial board of the journal, an apology that the editor herself did not sign and has in fact rebutted. Indeed, the apology doubles down on the notion of the “harms” caused by the publication of the article. Nowhere does this apology challenge the inaccuracies and empty accusations made by Tuvel’s critics. It simply reiterates them as if they were fact. And nowhere, but nowhere, does this “majority” of the associate editorial board defend the right of a junior feminist philosophy professor to make an argument.
Not only do the board members insult Tuvel; they undermine the whole process of peer review and the principles of scholarly debate and engagement. Hypatia presumably followed its rigorous and standard review process here. No one is claiming that they didn’t. To state, as the apology does, that “clearly, the article should not have been published” indicts the good-faith labor of peer reviewers and the editorial decision-making of the journal itself. I can’t recall a similar capitulation. Do the signatories really believe that this article shouldn’t have been published because some readers contest it? I thought edgy, challenging, thoughtful work that elicits debate was exactly what feminist journals should be publishing.
Not when it comes to trans issues. No way. On that subject you had better repeat the Authorized Formulas and nothing else.
I read manuscripts submitted to Signs every day. I read hundreds a year. So let me state categorically that this attack is way out of line; that nothing in the article merits it, and that both the attack and the apology feed into the right-wing discourse of lefty thought police, at a moment when we can ill afford it.
The right-wing discourse isn’t altogether wrong on that subject, is it.
Motivated reasoning?
May 6th, 2017 4:51 pm | By Ophelia BensonThere’s one thing about the Hypatia Associate Editors’ attack on Rebecca Tuvel’s paper and self…
From Justin Weinberg’s post:
Between the complaints on social media and the open letter, sufficient pressure has been put on Hypatia that members of its board of associate editors have already issued an apology for publishing Tuvel’s essay in which they state that “Clearly, the article should not have been published.” The speed with which this has all happened is extraordinary.
The apology is in the form of a public Facebook post from Cressida Heyes, Canada Research Chair in Philosophy of Gender and Sexuality at the University of Alberta.
A friend pointed out to me that Tuvel discusses an argument of Heyes’s in the ostracized paper.
In her argument defending the moral permissibility of transgenderism but not of transracialism, Cressida Heyes makes just this point. Heyes suggests that arguments in defense of transracialism, like that of Christine Overall (Overall 2004), discount the fact that society’s dominant belief structure limits the available resources one has to claim different forms of identification. As Heyes puts it, “beliefs about the kind of thing race is shape the possibilities for race change. In particular,… the belief that an individual’s racial identity derives from her biological ancestors undermines the possibility of changing race, in ways that contrast with sex-gender” (Heyes 2009, 142). According to Heyes, because sex-gender has been understood to be a “property of the individual’s body,” the possibility of changing one’s sex-gender through bodily modification is acceptable in our society. However, because race has been understood to be a matter of “both the body and ancestry,” one cannot alter one’s body to become a different race (139; emphasis added).
The problem with this argument is that it dangerously appears to limit to the status quo the possibilities for changing one’s membership in an identity category. Indeed, American society has not always granted recognition to those who felt their gender did not align with their sexed bodies. Would Heyes’s argument imply that, during this time, a person born with male genitalia, but who identified as a woman, would not be permitted to affirm her self-identity, because the available social resources were not yet in place? Or, imagine a transgender person born in a country today where such forms of identification are not tolerated, because the understanding of sex-gender identity is firmly restricted to the genitalia one possesses at birth. Would that person be justly forced to renounce her felt sex-gender, because she was born into a society where “beliefs about the kind of thing [sex-gender] is shape the possibilities for [sex-gender] change” (142)? The implications of such a position for the normative question of whether one should be allowed to change race are more radical than Heyes might appreciate. Indeed, if we hold the legitimacy of a particular act hostage to the status quo, or to what Heyes calls the “range of actually available possibilities for sustaining and transforming oneself,” it is difficult to see how we can make any social progress at all (149). Accordingly, to say “this is how racial categorization currently operates in our society” is to provide a very poor reason to the person asking how racial categorization should operate. And this type of reason is even more disappointing when it comes alongside Heyes’s acknowledgment that “the actions of individuals, now and in the future, will be constitutive of new norms of racial and gendered identity” (149).
And Heyes wrote that attack on Tuvel smarmily disguised as an “apology” for Hypatia.
My friend pointed out that that looks a lot like a conflict of interest.
A privileged group relative to much of the population
May 6th, 2017 11:53 am | By Ophelia BensonThere’s a guest post at Crooked Timber on the Hypatia wharblegarble by Holly Lawford-Smith, a political philosopher at the University of Melbourne. She starts with a comparative versions exercise.
Something bad happened recently. Here’s what I thought it was: a member of a marginalized group within our profession (a pre-tenure woman) published a paper; a group of philosophers were angry about the paper; those same philosophers signed an open letter to Hypatia calling for retraction of the paper; Hypatia issued an apology for publishing the paper; another group of philosophers rallied in defence of paper’s author, against both the journal and the group of philosophers who were angry about the paper in the first place. This would be bad, because the way we deal with disagreement in our profession―both about form and about substance―is not to demand retractions but to write replies. Also, we generally try to encourage and support junior and marginalized scholars, not pile on in attacking them when they make mistakes.
Here’s what actually happened: a member of a marginalized group within our profession, but of a privileged group relative to much of the population (being both white and university-employed) published a paper; a few philosophers together with a great many more non-philosophers from marginalized groups within society at large were angry about the paper and expressed this in online venues; Hypatia’s initial response was dismissive; as a result of Hypatia’s unsatisfactory response an open letter to Hypatia was written, calling for retraction of the paper, and attracting more than 500 signatures; finally Hypatia issued an apology for publishing the paper; and then many philosophers rallied in defence of the paper’s author.
It’s useful, in a way, that she spells out this peculiar idea that “cis white” women are now among the oppressors. Yes, women can have many forms of privilege, as anyone can. Caitlyn Jenner makes a nice illustration of that all by herself. The house in Malibu, the gold medals, the fatal traffic accident with no prison time?
Also, that “a few philosophers together with a great many more non-philosophers from marginalized groups within society at large were angry about the paper” – really? A great many non-philosophers were angry about the paper? I don’t believe that. Philosophy papers are not a matter of interest to a great many people.
Hypatia is a journal of feminist philosophy explicitly committed to both ‘interdisciplinarity’ and ‘diversity’, positioned as both ‘accessible’ and a resource for ‘the wider women’s studies community’ (see their website). It’s true that some of the anger was directed at Tuvel, but much more was directed at Hypatia for not catching many of the offensive aspects of the paper during the review process (or, some think, for not outright rejecting the paper). The open letter was addressed to Hypatia, not to Tuvel. Journals that are explicitly interdisciplinary are bound by the norms of all of the disciplines they include, so whether a retraction of the paper is warranted is not settled by the fact that it wouldn’t be warranted in Philosophy. More importantly, Hypatia does something that no other journal in Philosophy does, with its commitment to diversity. Hypatia is like your male best friend, who calls himself a feminist and an ally, and who suddenly does something horribly misogynistic. You’re not surprised that there are misogynists in the world, you just feel betrayed because you didn’t think your best friend was one of them.
Nice illustration except that Tuvel didn’t do anything that’s the equivalent of “horribly misogynistic.” You can see examples of “horribly misogynistic” on Twitter without getting your hair mussed, and they don’t look anything like Tuvel’s paper.
What are the risks of a ‘dangerous idea’ like Tuvel’s?
First of all, trans people and activists for trans rights might worry that the structural analogy Tuvel draws between race and gender will undermine claims to the social acceptance of trans identities. That is to say, that although Tuvel herself thinks we have good reasons to accept transgender identities, and that those same reasons support accepting ‘transracial’ identities, others may take the parallel as a reductio ad absurdum. Many people find ‘transracial’ claims absurd, so drawing a parallel between the two might have the effect of weakening the former rather than strengthening the latter.
But if the two are parallel, if the two do rest on the same basic idea (a particular idea of identity for instance), then how can we not discuss them in those terms? Ideas about trans identity are very new, and it seems way too early to close off discussion of them.
Second of all, black people might worry that Tuvel’s conclusion will legitimize more Dolezal-type cases, which they find problematic for a whole host of reasons.
Ah. There we have it. Yes, so they might, but so might women. So might women, and it is not obvious that the worries of black people should be taken seriously while the worries of women should be treated as evil and contemptible.
Even if the paper had been published in Ethics, Philosophy’s problem of being dominated at all levels by cisgender white men entails that many members of marginalized groups (including trans black people) will be located outside the discipline, and so, conversely, work done outside the discipline may in fact be philosopy. In that case, the problem of whose work must be read and engaged with becomes a lot more difficult. At the very least, it should include those who identify as philosophers, wherever they work.
Really?? I thought that was one of those reductio ad absurdum claims we weren’t supposed to make, like “anybody who identifies as a pilot / neurosurgeon / dentist should be accepted as such.” There are countless Twitter jockeys who identify as philosophers; does Lawford-Smith really think their work must be read and engaged with?
So let me see if I understand.
I write a paper which a journal’s editor, editorial board and referees agree is of the high quality to merit publication there, so they publish it. Some people then write to the journal’s editor to say my paper is offensive and incompetent. The journal’s editor is now wondering what to do. Does she rubbish my moral and professional reputation by making a public apology, endorsing the complaint? (And of course it is my reputation first and foremost that suffers here. It may have been the journal and not myself at whom the anger was targeted – “directed” – but it is me that gets the bullet as everyone concerned could very readily anticipate.) Or does she stand by me and my paper and tell the complainants to get lost?
Some will say the former. Some the latter. But here is a third view. What she needs to do is write back to the complainants and seek further information. What, she must ask, are your, er, demographics? Are you male, female, black, white, cis, trans, gay, straight, able-bodied, disabled, employed as philosophers, not so employed, whatever? Only when I have correctly put you and all others concerned in the right identity politics boxes will I be clear what would be a right or wrong course of action here. Give me one answer and hanging Lenman out to dry would be a shocking wrong and an affront to the basic norms of our profession. Given me another and doing so would really be no big deal and there would be nothing much here to make a big fuss about, “no particular need to rally in defence of our professional norms”. Because it’s really not such a big deal to kick someone in the teeth so long as you have, or the person or persons urging you on has, a special pass saying ‘marginalized group’ and they don’t.
No. Surely, that can’t be it. Can it?
Yes, sadly, it can.