Epistemic Rituals: How IRCAs Institutionalize Speculative Theories of Black Male Criminality in Canadian Sentencing

Abstract

This article develops a philosophical account of Impact of Race and Culture Assessments (IRCAs) as epistemic rituals through which speculative theories about Black male criminality acquire legal authority in Canadian sentencing law. It argues that IRCAs function not merely as social context but epistemic rituals through institutional mechanisms— admissibility doctrine, expert testimony, and judicial repetition—that stabilize speculative theories of Black males as authoritative legal knowledge. Through doctrinal analysis and empirical falsification, the article shows that factual refutation has no destabilizing effect on this authority. The problem, it contends, is not factual error but epistemic immunity: IRCAs derive authority from speculative theory rather than evidential validation.

https://themanitobalawjournal.com/wp-content/uploads/articles/MLJ_49%20(Pre-print).6/496-epistemic-rituals.pdf

Epistemic Rituals: How IRCAs Institutionalize Speculative Theories of Black Male Criminality in Canadian Sentencing

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