N*gga Theory. Jody David Armour

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СКАЧАТЬ and in jury boxes by prosecutors, judges, and jurors. To expose where bias lives in the substantive criminal law and its processes, and how judges and juries socially construct black murderers, Nigga Theory refutes and remodels criminal law’s prevailing paradigm of mens rea (criminal intent), the law’s ancient and foundational requirement of moral blameworthiness. Under the mens rea requirement, a killing without malice is manslaughter rather than murder; a criminal killing with malice is murder. But in most criminal trials, a decision needs to be made by the jury about the existence of malice. Because ordinary people unconsciously and routinely make biased moral judgments of black wrongdoers, as studies have shown, they more readily find that a violent black offender acted with murderous mens rea than a similarly situated violent white one. Nigga Theory will cast serious doubt on the reliability, objectivity, and trustworthiness of criminal conviction as a test of the most morally blameworthy Blacks.

      —

      And Nigga Theory is not just interested in the criminal courtroom. Whenever the moral turpitude of black wrongdoers becomes the topic of the moment on talk radio, in coffee shops, and around water coolers, another potential site for the biased social construction of wicked black criminals becomes active. As neurological studies have recently helped establish, the dominant brand of anti-black discrimination in post-civil rights era America is not active racial animus but unconscious racial bias. This analysis will show why epistemic humility should temper our contempt toward serious black wrongdoers inside and outside the courtroom.

      Such humility can bring with it a new approach to justice. Instead of corrupt processes of assessing blame, we can have a complex, balanced understanding of causality. Instead of putting people to death we should be putting them right. Instead of seeking retaliation and retribution, we should set out to reform and restore. Instead of wreaking revenge, we should find ways to generate redemption.

      —

      A Royal typewriter and the Queen’s English. I personally witnessed their power to kick open the locked door of a black man’s prison cell. Creative word work and symbolic communication—including transgressive, disreputable, and uncomfortable words and symbols—have the power to produce social change and promote racial justice. When Colin Kaepernick took a knee during the national anthem to protest lethal police misconduct against black people, his nonlinguistic form of symbolic communication was a political act with social and political consequences. In the last presidential election, the word “deplorable” became a fiercely contested form of political communication. A core question of Nigga Theory—because it is, finally, a theory of justice—is whether radically progressive black artists and writers can, by fiercely contesting its meaning, bend the N-word into an instrument of political communication that can promote solidarity with black criminals, including violent ones. A new radically progressive moral and political framework calls for a radically new rhetoric, one that in style rejects respectability politics and in substance rejects its moral dichotomies. Can the N-word figure in such a rhetoric? Moreover, in matters of transgressive words and symbols more generally, how can we tell the difference between the cutting and the bleeding edge?

      Immediately after Ice Cube had performed “Fuck tha Police” and other classics in Race, Rap, and Redemption, the ill-fated Dean of our law school read him the following USC Law School resolution on stage in front of a packed auditorium of students and faculty. It recognizes Cube—and through him other politically relevant “gangsta” rappers—as a wordsmith and scholar. As I wrote the resolution, I knew the genre that Cube pioneered did not need the imprimatur of a major research university to vindicate its value as an effective form of oppositional political communication. Still, it felt good to see it get such recognition just the same.

      Be It Resolved:

      A Resolution under the seal of the USC Gould School of Law.

      Whereas Ice Cube, a rap pioneer and virtuoso lyricist, has led

      a musical revolution with brutal, profound, and politically

      charged music,

      Whereas Ice Cube’s searing music rails against injustice and takes to task an oppressive social order that traps Blacks and other

      minorities in ghettos, robs them of opportunities for escape,

      and then makes them scapegoats for the System’s own failures,

      Whereas Ice Cube’s latest masterpiece, Laugh Now, Cry Later,

      simmers with celebration, humor, irony, rage, reflection,

       and deep insights that are the hallmarks of timeless music

      and first-rate critical scholarship,

      Now therefore be it resolved that the USC Law School

      hereby joins with Dean Ed McCaffery, Professor Jody

      Armour, and Professor Ron Garet in honoring Ice Cube

      on the occasion of his participation in Race, Rap, and

      Redemption at USC and recognizing his musical genius

      and his tireless commitment to racial justice.

      Nigga Theory is words, it is word work, it is performance, it is an accounting, it is a recognition, it is a prayer, it is a demand for justice.

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