Feminist Social Epistemology

This chapter has four central aims. First, in §1, I distinguish two ideas within epistemology that sometimes travel under the name ‘contextualism’ — the ‘situational contextualist’ idea that an individual’s context, especially their social context, can make for a difference in what they know, and the ‘linguistic contextualist’ idea that discourse using the word ‘knows’ and its cognates is context-sensitive, expressing dif- ferent contents in different conversational contexts. -/- Second, in §2, I situate contextualism with respect to several influential ideas (...) in feminist epistemology. These ideas are thoroughgoingly contextualist in the situational sense; I’ll explore the prospects for linguistic contextualist analogues or implementations of them. Simple connections between these feminist ideas and linguistic contextualism will prove elusive, but more subtle ones are possible, and sometimes attractive. -/- §3 considers the degree to which contextual epistemic parameters are determined interpersonally, as opposed to individualistically. Should contextualists hold that speakers can individually determine the contextual parameters that influence the truth- conditions of their utterances? Or are they fixed at a broader social level? I’ll rehearse some influential reasons to opt for the latter, more social, form of contextualism. -/- In §4 I discuss the practical and moral significance of speakers’ choices of epistemic parameters, given contextualism. For example, I’ll consider how standards-raising can be used to discredit evidential sources, with an eye towards the social and moral consequences of such moves. (shrink)

A credible fear test is an in-depth interview process given to undocumented people of any age arriving at a U.S. port of entry to determine qualification for asylum-seeking. Credible fear tests as a typical immigration procedure demonstrate not only what structural epistemic violence looks like but also how this violence lives in and through the design of asylum policy. Key terms of credible fear tests such as “significant possibility,” “evidence,” “consistency,” and “credibility” can never be neutral in the context of (...) colonial administrative violence. We argue that these terms function as mechanisms of exclusion and demonstrate that the capacity to be violent (i.e. to be an instrument of violence) is built into these tests, ready to be deployed when an administration wants to stop certain people from certain places from entering without regard to their own ongoing occupation of Indigenous lands. Not only are such practices instruments of violence, but the concept of ‘violence’ continues to be organized, defined, and conceived within settler colonial epistemologies so as to exclude these administrative forms of violence deployed against Indigenous peoples and people of color from recognition and nameability. We argue that this is an intentional strategy of colonial power preservation that is functionalized through social processes that remain structurally stable and self-regenerating across historical and political changes. (shrink)

I survey some points of contact between contemporary vice epistemology and feminist philosophy of science.

I offer a working analysis of the concept of 'epistemic corruption', then explain how it can help us to understand the relations between epistemic vices and social oppression, and use this to motivate a style of vice epistemology, inspired by the work of Robin Dillon, that I call critical character epistemology.

It has recently been suggested that politically motivated cognition leads progressive individuals to form beliefs that underestimate real differences between social groups and to process information selectively to support these beliefs and an egalitarian outlook. I contend that this tendency, which I shall call ‘egalitarian confirmation bias’, is often ‘Mandevillian’ in nature. That is, while it is epistemically problematic in one’s own cognition, it often has effects that significantly improve other people’s truth tracking, especially that of stigmatized individuals in academia. (...) Due to its Mandevillian character, egalitarian confirmation bias isn’t only epistemically but also ethically beneficial, as it helps decrease social injustice. Moreover, since egalitarian confirmation bias has Mandevillian effects especially in academia, and since progressives are particularly likely to display the bias, there is an epistemic reason for maintaining the often-noted political majority of progressives in academia. That is, while many researchers hold that diversity in academia is epistemically beneficial because it helps reduce bias, I argue that precisely because political diversity would help reduce egalitarian confirmation bias, it would in fact in one important sense be epistemically costly. (shrink)

In recent years postcolonial and decolonial feminisms have become increasingly salient in philosophy, yet they are often deployed as conceptual stand-ins for generalized feminist critiques of eurocentrism (without reference to the material contexts anti-colonial feminisms emanate from), or as a platform to re-center internal debates between dominant European theories/ists under the guise of being conceptually ‘decolonized’. By contrast, this article focuses on the specific contexts, issues and lifeworld concerns that ground anti-colonial feminisms and provides a brief survey of the literature. (...) Because the terms implicated in the analysis (Third World, transnational, women of color, postcolonial, decolonial and indigenous feminisms) are highly contested on their own, I only provide provisional and non-foundational histories and definitions for the purposes of resisting philosophical appropriations of anti-colonial feminist theory. (shrink)

We consider the complex interactions between rape culture and epistemology. A central case study is the consideration of a deferential attitude about the epistemology of sexual assault testimony. According to the deferential attitude, individuals and institutions should decline to act on allegations of sexual assault unless and until they are proven in a formal setting, i.e., a criminal court. We attack this deference from several angles, including the pervasiveness of rape culture in the criminal justice system, the epistemology of testimony (...) and norms connecting knowledge and action, the harms of tacit idealizations away from important contextual factors, and a contextualist semantics for 'knows' ascriptions. (shrink)

Using the metaphors body and voice and drawing on critical contributions on biopolitics, this article interrogates children’s participation rights in a knowledge culture of ‘evidencing’. With child welfare and protection practice as an empirical example, I analyse written assessment reports from a Swedish child welfare agency, all exemplifying how social workers evidence needs for protection and reasons for removing children from the home. I discuss how ‘evidencing’ equals a knowledge culture of seeing-believing and predicting-believing and the search for visibly damaged (...) bodies and underdeveloped minds. I furthermore problematise how such conceptualisation of evidencing foregrounds children’s ‘speaking’ bodies while silencing their voices. By showing these manifestations of evidencing, this critical contribution discusses some wider epistemic concerns for fields influenced by the knowledge cultures of ‘the evidence-based’. (shrink)

This chapter examines María Lugones’s germane and insightful attempt to theorize “intermeshed oppressions,” which, she argues, have been (mis)represented in women of color feminisms by the concepts of “interlocking systems of oppression” and, more recently, “intersectionality.” The latter, intersectionality, introduced by Black feminist legal scholar Kimberlé Williams Crenshaw as a metaphor (1989) and as a “provisional concept” (1991), has become the predominant way of referencing the mutual constitution of what have been theorized as multiple systems of oppression, constructing the multiplicity (...) of social identities. But Lugones’s analysis, which maintains subtle but important distinctions among the concepts of “intermeshed,” “interlocking,” and “intersecting” oppressions, shows that intersectionality theory often conflates fragmentation with multiplicity, and—by reifying “intersectional identities”—reproduces social-ontological fragmentation at the political and perceptual-cognitive levels of representation. Intersectional accounts redeploy unitary categories (for instance, race, gender, class, sexuality, disability) that are defined to the exclusion of each other by privileging the identities of normative group members. Consequently, they remain within what Lugones calls the “logic of purity,” which erases “curdled,” impure, category-transgressive, border-dwelling, mestiza subjects. Although, according to Lugones, intersectionality enables us to discern how the logic of purity produces “women of color” as impossible beings, she argues that the liminal identities of subjects dwelling in categorial interstices can only be made visible by conceptualizing oppressions as fused or “intermeshed.” However, as I interpret her, Lugones is not merely criticizing intersectionality or seeking to transcend its conceptual limitations by proposing an alternate concept. Rather, the concepts of “intermeshed,” “interlocking,” and “intersecting” oppressions do significantly different work in her account and illuminate different aspects of the social ontology, phenomenology, and epistemology of resistance to oppression. First, I situate Lugones with respect to the current conjuncture in intersectionality studies, in which some scholars are calling for a post-intersectional turn. Then, I reconstruct Lugones’s complex account of intermeshed oppressions, interlocking oppressions, and intersectionality. Finally, I discuss the status of intersectionality in the shift in Lugones’s work from “women of color feminisms” to “decolonial feminism.” Intersectionality is now routinely invoked as a representational theory of multiple identities, but Lugones’s heterodox interpretation helps us to see that it is best understood as a critique of representations based on the logic of purity: specifically, of how categorial axes of oppression (mis)represent intermeshed oppressions. Lugones’s triadic distinction (intersecting/interlocking/intermeshed) points toward a provisional usage of intersectionality, namely, to diagnose the fragmentation of social experiences of multiplicity (which, I would argue, is more consistent with the concept’s original aims). In her visionary philosophy, which attempts to theorize resistance against the grain of fragmentation from a conceptual space outside of the “logic of purity,” we find “glimpses” of a non-fragmented account of oppression, and praxical possibilities for liberatory, decolonial feminist coalitions. (shrink)

The traditional blackface character Black Pete has been at the center of an intense controversy in the Netherlands, with most black citizens denouncing the tradition as racist and most white citizens endorsing it as harmless fun. I analyze the controversy as an utter failure, on the part of white citizens, of what Alison Jaggar has called multicultural literacy. This article aims to identify both the causes of this failure of multicultural literacy and the conditions required for multicultural literacy to be (...) possible. I argue that this failure of multicultural literacy is due to hermeneutical injustice and to white ignorance. I close by considering possible avenues for fostering multicultural literacy. (shrink)

Appeals to intersectionality serve to remind us that social categories like race and gender cannot be adequately understood independently from each other. But what, exactly, is the intersectional thesis a thesis about? Answers to this question are remarkably diverse. Intersectionality is variously understood as a claim about the nature of social kinds, oppression, or experience ; about the limits of antidiscrimination law or identity politics ; or about the importance of fuzzy sets, multifactor analysis, or causal modeling in social science.

This anthology explores the many and varied connections between pacifism, politics, and feminism. Each topic is often thought about in academic isolation; however, when we consider how they intersect and interact, it opens up new areas for discussion and analysis.

I defend an empirically-oriented approach to the analysis and remediation of social injustice. My springboard for this argument is a debate—principally represented here between Tommie Shelby and Elizabeth Anderson, but with much deeper historical roots and many flowering branches—about whether racial-justice advocacy should prioritize integration (bringing different groups together) or community development (building wealth and political power within the black community). Although I incline toward something closer to Shelby’s “egalitarian pluralist” approach over Anderson’s single-minded emphasis on integration, many of Shelby’s (...) criticisms of integrationism are misguided, and his handling of the empirical literature is profoundly unbalanced. In fact, while both Shelby and Anderson defend the importance of social science to their projects, I’ll argue that each takes a decidedly unempirical approach, which ultimately obscures the full extent of our ignorance about what we can and ought to do going forward. A more authentically empirical tack would be more epistemically humble, more holistic, and less organized around what I’ll call prematurely formulated “Grand Unified Theories of Social Change.” I defend a more “diversified experimentalist” approach, which rigorously tests an array of smaller-scale interventions before trying to replicate and scale up the most promising results. (shrink)

This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...) v Edmondson SKQB (2003). Both were sexual assault cases. In George a thirty-five year old woman with five children was tried and ultimately acquitted of sexual assault and sexual interference after she was assaulted in her home by a fourteen year old male. Striking similarities between the reasoning and language in the trial decision in George and the sentencing decision in Edmondson demonstrate entrenched antipathy for sexual assault law and the fundamental principles of justice, equality, and impartiality. This is arguably judicial misconduct, persisting despite access in the interim to many years of judicial education programming, not merely legal error. The problem does not lie with the judge alone, however. A toxic mix of misogyny and blindly zealous enforcement of the law appears to have undermined the administration of justice in George from the outset at all levels. The problems are systemic. Were this not the case, it is likely that Barbara George would not have been charged. (shrink)

This piece proposes amendments to section 273.2 of the Canadian Criminal Code. Section 273.2, enacted in 1992 and revised in 2018, specifies circumstances in which belief in consent is not a defence to sexual assault. The amendments proposed here are designed to ensure that the wording of this statutory provision properly reflects the significant jurisprudential developments related to mens rea and the communication of voluntary agreement (i.e., affirmative sexual consent) achieved by Canadian judges since the original enactment of section 273.2 (...) in 1992. Revisions to the Model Jury Instructions posted by the National Judicial Institute are also considered. (shrink)

Our paper focuses on the philosophical perspective of constructing active caring masculinities agencies in the contemporary feminist discourse. Since contemporary feminisms are not simply anti-essentialist, but more importantly, polyphonic, we believe that it is far more appropriate to talk about ‘masculinities’ as opposed to ‘masculinity’. We are proposing a revised understanding of the self in which the self is not defined primarily in the dichotomous, categorical one-other relationship. We use Paul Ricoeur’s anthropology to describe the self as relational, as well (...) as Joan Tronto’s recent perspective on care which fits well with a Ricoeurian reconstruction of the self. We also engage with Raewyn Connell’s discourse on masculinity and more specifically, hegemonic masculinity. By using ‘caring masculine agencies’ as an alternative to ‘masculinity as reactive anti-femininity’, we are proposing a paradigm shift that hopefully is flexible enough to respect the dynamism inherent to any act of gender-identification. (shrink)

The underrepresentation of women, people of color, and especially women of color—and the corresponding overrepresentation of white men—is more pronounced in philosophy than in many of the sciences. I suggest that part of the explanation for this lies in the role played by the idealized rational self, a concept that is relatively influential in philosophy but rarely employed in the sciences. The idealized rational self models the mind as consistent, unified, rationally transcendent, and introspectively transparent. I hypothesize that acceptance of (...) the idealized rational self leads philosophers to underestimate the influence of implicit bias on their own judgments and prevents them from enacting the reforms necessary to minimize the effects of implicit bias on institutional decision-making procedures. I consider recent experiments in social psychology that suggest that an increased sense of one’s own objectivity leads to greater reliance on bias in hiring scenarios, and I hypothesize how these results might be applied to philosophers’ evaluative judgments. I discuss ways that the idealized rational self is susceptible to broader critiques of ideal theory, and I consider some of the ways that the picture functions as a tool of active ignorance and color-evasive racism. (shrink)

Recent discussions in critical social epistemology have raised the idea that the concept 'knower' is not only an epistemological concept, but an ethical concept as well. Though this idea plays a central role in these discussions, the theoretical underpinnings of the claim have not received extended scrutiny. This paper explores the idea that 'knower' is an irreducibly ethical concept in an effort to defend its use as a critical concept. In Section 1, I begin with the claim that 'knower' is (...) an irreducibly normative and social concept, drawing from some ideas in Wilfrid Sellars. In Section 2, I argue that one's being a knower involves demands for various sorts of ethically-laden recognition. I develop this thought by arguing that Axel Honneth's threefold typology of recognition—love, respect, and esteem—finds clear expression within the context of socio-epistemic practice. I conclude in Section 3 by arguing that Miranda Fricker's proposed " analogy " between epistemic and moral perception should be modified to indicate a closer relationship than mere analogy. (shrink)

According to Miranda Fricker, a hermeneutical injustice occurs when there is a deficit in our shared tools of social interpretation, such that marginalized social groups are at a disadvantage in making sense of their distinctive and important experiences. Critics have claimed that Fricker's account ignores or precludes a phenomenon I call hermeneutical dissent, where marginalized groups have produced their own interpretive tools for making sense of those experiences. I clarify the nature of hermeneutical injustice to make room for hermeneutical dissent, (...) clearing up the structure of the collective hermeneutical resource and the fundamental harm of hermeneutical injustice. I then provide a more nuanced account of the hermeneutical resources in play in instances of hermeneutical injustice, enabling six species of the injustice to be distinguished. Finally, I reflect on the corrective virtue of hermeneutical justice in light of hermeneutical dissent. (shrink)

This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether (...) a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by s. 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded on their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable” given what the accused knew, the legal definition of consent in section 273.1 is easily over-looked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. -/- That is precisely what we see here; the result is often failure to enforce the law. The author proposes: -/- (a) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and -/- (b) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent. (shrink)

Intersectionality is a term that arose within the black feminist intellectual tradition for the purposes of identifying interlocking systems of oppression. As a descriptive term, it refers to the ways human identity is shaped by multiple social vectors and overlapping identity categories (such as sex, race, class) that may not be readily visible in single-axis formulations of identity, but which are taken to be integral to robustly capture the multifaceted nature of human experience. As a diagnostic term, it captures the (...) confluence of power and domination on the social construction of identity in order to remedy concrete harms that result from this convergence. It is not a prescriptive methodology or closed system of analysis, but rather an open-ended hermeneutic lens through which interconnected systems of oppression can come into focus in the fight for social justice. (shrink)

Epistemic exploitation occurs when privileged persons compel marginalized persons to educate them about the nature of their oppression. I argue that epistemic exploitation is marked by unrecognized, uncompensated, emotionally taxing, coerced epistemic labor. The coercive and exploitative aspects of the phenomenon are exemplified by the unpaid nature of the educational labor and its associated opportunity costs, the double bind that marginalized persons must navigate when faced with the demand to educate, and the need for additional labor created by the default (...) skepticism of the privileged. I explore the connections between epistemic exploitation and the two varieties of epistemic injustice that Fricker (2007) identifies, testimonial and hermeneutical injustice. I situate epistemic exploitation within Dotson’s (2012; 2014) framework of epistemic oppression, and I address the role that epistemic exploitation plays in maintaining active ignorance and upholding dominant epistemic frameworks. (shrink)

https://search.proquest.com/docview/1860923285?pq-origsite=gscholar.

If someone says, “Asians are good at math” or “women are empathetic,” I might interject, “you're stereotyping” in order to convey my disapproval of their utterance. But why is stereotyping wrong? Before we can answer this question, we must better understand what stereotypes are and what stereotyping is. In this essay, I develop what I call the descriptive view of stereotypes and stereotyping. This view is assumed in much of the psychological and philosophical literature on implicit bias and stereotyping, yet (...) it has not been sufficiently defended. The main objection to the descriptive view is that it fails to include the common-sense idea that stereotyping is always objectionable. I argue that this is actually a benefit of the view. In the essay's final part, I put forward two hypotheses that would validate the claim that stereotyping is always morally or epistemically wrong. If these hypotheses are false—which is very likely—we have little reason to build moral or epistemic defect into the very idea of a stereotype. Moreover, we must abandon the seemingly attractive claim that judging individuals based on group membership is intrinsically wrong. (shrink)

What happens when we consider transformative experiences from the perspective of gender transitions? In this paper I suggest that at least two insights emerge. First, trans* persons’ experiences of gender transitions show some limitations to L.A. Paul’s (forthcoming) decision theoretic account of transformative decisions. This will involve exploring some of the phenomenology of coming to know that one is trans, and in coming to decide to transition. Second, what epistemological effects are there to undergoing a transformative experience? By connecting some (...) experiences of gender transitions to feminist standpoint epistemology, I argue that radical changes in one’s identity and social location also radically affects one’s access to knowledge in ways not widely appreciated in contemporary epistemology. (shrink)

While most of healthcare research and practice fully endorses evidence-based healthcare, a minority view borrows popular themes from philosophy of science like underdetermination and value-ladenness to question the legitimacy of the evidence-based movement’s philosophical underpinnings. While the feminist origins go unacknowledged, those critics adopt a feminist reading of the “gap argument” to challenge the perceived objectivism of evidence-based practice. From there, the critics seem to despair over the “subjective elements” that values introduce to clinical reasoning, demonstrating that they do not (...) subscribe to feminist science studies’ normative program——where contextual values can enable good science and justified decisions. In this paper, I investigate why it is that the critics of evidence-based medicine adopt feminist science’s characterization of the problem but resist the productive solutions offered by those same theorists. I suggest that the common feminist empiricist appeal to idealized epistemic communities is impractical for those working within the current biomedical context and instead offer an alternate stream of feminist research into the empirical content of values (found in the work of Elizabeth Anderson and Sharyn Clough) as a more helpful recourse for facilitating the important task of legitimate and justified clinical decision-making. I use a case study on clinical decision-making to illustrate the fruitfulness of the latter feminist empiricist framework. -/- See response by Sharyn Clough: http://wp.me/p1Bfg0-1aN See reply by Maya Goldenberg: http://wp.me/p1Bfg0-1oY. (shrink)

Recent increases in the rates of parental refusal of routine childhood vaccination have eroded many countries’ “herd immunity” to communicable diseases. Some parents who refuse routine childhood vaccines do so because they deny the mainstream medical consensus that vaccines are safe and effective. I argue that one reason these vaccine denialists disagree with vaccine proponents about the reasons in favor of vaccination is because they also disagree about the sorts of practices that are conducive to good reasoning about healthcare choices. (...) Vaccine denialists allocate epistemic authority more democratically than do mainstream medical professionals. They also sometimes make truth ascriptions for nonepistemic reasons, fail to recognize legitimate differences in expertiseand competence, and seek uncritical affirmation of their existing beliefs. By focusing on the different epistemic values and practices of vaccine denialists and mainstream medical professionals, I locate my discussion of vaccine denialism within broader debates about rationality. Furthermore, I argue that gender inequality and gendered conceptions of reason are important parts of the explanation of vaccine denialism. Accordingly, I draw upon feminist work—primarily feminist social epistemology—to help explain and evaluate this form of vaccine refusal. (shrink)

The reasons for judgment by the Supreme Court of Canada on the appeal in Mabior (2012 SCC 47) fail to address or resolve a number of significant questions. The reasons acknowledge the fundamental role of sexual consent in protecting sexual autonomy, equality, and human dignity, but do not use the law of consent as a tool to assist the Court in crafting a fresh approach to the issue on appeal. Instead the Court adopts the same general approach to analysis of (...) the elements of aggravated sexual assault committed by fraud it used in 1998 in Cuerrier. Fifteen years later, it should be possible to re-conceptualize the problem in a more straightforward manner that reflects Charter values, fundamental common law principles, recent developments in sexual assault law, and the limitations and uncertainties of current HIV treatment and diagnosis. -/- Ironically, the two pronged legal test ultimately proposed by the Court -- non-disclosure of HIV-positive status and a “realistic possibility of transmission,” is likely to give false confidence to individuals who adhere to a regime of anti-retroviral treatment, use good quality latex condoms, and routinely conceal their HIV-positive status from their sexual partners. Research shows that HIV viral loads fluctuate widely in response to a myriad of factors. An inevitable consequence of reliance on the Mabior test will be accused who are shocked to find themselves charged under s. 273, charges that would not apply had they disclosed their HIV-positive status to their sexual partner(s). There are further practical consequences. Non-disclosure will tend to increase the risk of transmission because non-HIV-positive sexual partner(s) will not fully appreciate the actual hazards of improper condom use. As a direct result, careless sexual practices will be more common. And finally, the decision will not contribute to reducing the social stigma that haunts the lives of those who are HIV-positive -- even those who are skilled at deceit. That stigma will not be reduced or eliminated by a ruling that can be seen as tacitly validating stigmatization and fear by appearing to permit infected individuals to pretend they are not HIV-positive when they know or suspect this to be false. Deceit harms the human dignity of the deceived and deceiver alike, and does nothing to build authentic social trust and cohesion. For all these reasons, the problem on appeal in Mabior requires a different approach. This article proposes one. (shrink)

Miranda Fricker?s research carefully negotiates the fields of ethics and epistemology, and the places and points where they overlap and intersect. Her 2007 text Epistemic injustice: Power and the ethics of knowing is particularly noteworthy in this regard. It seamlessly integrates these research areas and, in so doing, turns a critical eye on the common assumption that feminist epistemology, characterized by its focus on the role of gender oppression within knowledge practices, is a marginal field of social epistemology. Fricker challenges (...) her readers to consider the thesis that social and feminist epistemologies are more thoroughly interconnected than is traditionally assumed. (shrink)

While in agreement with Miranda Fricker?s context-sensitive approach to hermeneutical injustice, this paper argues that this contextualist approach has to be pluralized and rendered relational in more complex ways. In the first place, I argue that the normative assessment of social silences and the epistemic harms they generate cannot be properly carried out without a pluralistic analysis of the different interpretative communities and expressive practices that coexist in the social context in question. Social silences and hermeneutical gaps are misrepresented if (...) they are uniformly predicated of an entire social context, instead of being predicated of particular ways of inhabiting that context by particular people in relation to particular others. I contend that a more nuanced?polyphonic?contextualization offers a more adequate picture of what it means to break social silences and to repair the hermeneutical injustices associated with them. In the second place, I argue that the particular obligations with respect to hermeneutical justice that differently situated subjects and groups have are interactive and need to be determined relationally. That is, whether individuals and groups live up to their hermeneutical responsibilities has to be assessed by taking into account the forms of mutual positionality, relationality, and responsivity (or lack thereof) that these subjects and groups display with respect to one another. The central argument is developed through an examination of what in race theory and in contemporary epistemologies of ignorance has been termed ?white ignorance?; that is, the kind of hermeneutical inability of privileged white subjects to recognize and make sense of their racial identities, experiences, and social positionality. (shrink)

In order to arbitrate conflicting propositional knowledge claims—such as when two individuals claim to know the height of a tree in the yard—there is a “fact of the matter” about who is correct. Experiential, non-propositional knowledge, on the other hand, is not so obviously mediated. For one, experiential knowledge is—at least partially—subjective; one of its virtues is that it matters what a person’s background is, socially, etc., when determining the legitimacy of their claims. But this suggests a question: How do (...) we decide whose experience of an event is right, when two individuals differ in their accounts of a single event?In this paper I present the concept of experiential knowledge, asserting that this knowledge is frequently nonpropositional. I argue that accepting experiential knowledge is fundamental to issues of social justice, specifically when it is precisely the claims of those who have the least social or political “authority” who are in danger of having their experiences and the knowledge gained from those experiences, discounted. I address worries over the arbitration of experiential knowledge, and conclude that in cases where necessary, arbitration is both possible and often morally required. (shrink)

The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific changes (...) in decision-making processes and practices. These changes are required to achieve a standard of decision-making that is consistent with the public interest in the administration of justice within a constitutional framework under the social and political conditions of the early 21st century. The essay illustrates the application of the principles and methods of legitecture to analysis of problems of institutional design in law. (shrink)

The hermeneutic resources necessary for understanding Indigenous women’s lives in Latin America have been obscured by the tools of Western feminist philosophical practices and their travel in North-South contexts. Not only have ongoing practices of European colonization disrupted pre-colonial ways of knowing, but colonial lineages create contemporary public policies, institutions, and political structures that reify and solidify colonial epistemologies as the only legitimate forms of knowledge. I argue that understanding this foreclosure of Amerindian linguistic communities’ ability to collectively engage in (...) interpretive processes of culture and be heard and understood as coherent is an essential background condition to conceiving and theorizing the multiplicity of social oppressions and their intersections in contemporary Latin American contexts. Further, the work of disrupting and disobeying colonial interpretive frameworks has long been practiced by Indigenous women in Latin America, whose testimonies and expressions have been made sub-audible by design in colonial systems of meaning-making. This is part of the extensive legacy of the long quillwork of communal alphabets of survival. (shrink)

This essay surveys twenty-five years of feminist epistemology in the pages of Hypatia. Feminist contributions have addressed the affective dimensions of knowledge; the natures of justification, rationality, and the cognitive agent; and the nature of truth. They reflect thinking from both analytic and continental philosophical traditions and offer a rich tapestry of ideas from which to continue challenging tradition and forging analytical tools for the problems ahead.

How will we as feminists theorize these borders? How will we as beings whose very bodies are objects of globalization theorize a border which we dwell within? Ofelia Shutte asks whether it is “possible for Western feminism to disentangle itself from the historical forces of Western colonialism and from the erasure of otherness that such forces entail? (Shutte 2000, 59) I ask whether it is possible for feminism, Western or non-Western, Northern or Southern, to utilize the theoretical and political resource (...) that others, who are “othered” on both sides of the border, offer to feminist struggle. (shrink)

: Grebowicz argues from the perspective of Jean-François Lyotard's critique of deliberative democracy that the project of democratizing knowledge may bring us closer to terror than to justice. The successful formulation of a critical standpoint requires that we figure the political as itself a contested site, and incorporate this into our theorizing about the role of dissent in the production of knowledges. This essay contrasts Lyotard's notion of the differend with Chantal Mouffe's agonistic model.

The idea of a philosophical Other as comparativists have often historically used it to signify radical alterity, although sometimes a remedy and correction for the erroneous generalizations which originate from a presupposition of human sameness, merely shifts the center of philosophy's unchallenged assumptions in at least two ways. First, the notion of a philosophical Other avoids an explicit characterization of how one recognizes that one is philosophizing in the sphere of this Other and of what "otherness" is philosophically interesting. Second, (...) the notion of a philosophical Other is unable to capture and describe the dynamic, ever-changing relations that serve to demarcate philosophical traditions or spatio-temporal webs of thinkers in the first place. For the sake of the comparative project of exposing the comparativist's own culturally-embedded assumptions, comparative methodology should allow for the possibility of analyzing more than one place where similarities and differences can present themselves at the same time. In short, comparativists would serve their own interests better if they began to approach their projects in recognition of a complex, limitless, and dynamic array of sameness and difference, instead of with premature assumptions of radical alterity. (shrink)

Feminist epistemologists and feminist philosophers of science have argued that our efforts to know the world are always situated, accompanied by such things as desires, beliefs, and interests that guide and shape what it is we discover and perhaps even what we can know. If this is the case, how is one to be receptive to that which is outside of the purview of one’s current understanding of the world? Some feminists have argued that in order to know more effectively (...) and more broadly we need to make our knowledge communities as diverse as possible so as to insure the greatest possible range of discovery. Others have argued thatwe need to begin by adopting the perspectives of those marginalized by society.These suggestions of where we ought to begin our inquiry, however, do not adequately guide us in how we ought to proceed. In both cases, it is critical that we know and understand others as a condition for broadening the range of our sources of knowledge. Knowing others is a crucial yet often neglected epistemological problem. In this paper I begin by examining some problems that can arise with how we understand others. Drawing on the work of Cora Diamond, I suggest some possibilities that may help us with the problems sketched in the first part. Finally I argue that developing the virtue of care is critical if we are to further our possibilities for knowing the world in general. (shrink)

The practice of screening potential users of reproductive services is of profound social and political significance. Access screening is inconsistent with the principles of equality and self-determination, and violates individual and group human rights. Communities that strive to function in accord with those principles should not permit access screening, even screening that purports to be a benign exercise of professional discretion. Because reproductive choice is controversial, regulation by law may be required in most jurisdictions to provide effective protection for reproductive (...) rights. In Canada, for example, equal access can, and should be, guaranteed by federal regulations imposing strict conditions on the licences of fertility clinics. (shrink)

As has been noted by Alvin Goldman, there are some very interesting similarities between his Veritistic Social Epistemology (VSE) and Sandra Harding's Feminist Standpoint Theory (FST). In the present paper, it is argued that these similarities are so significant as to motivate an incorporation of FST into VSE, considering that (i) a substantial common ground can be found; (ii) the claims that go beyond this common ground are logically compatible; and (iii) the generality of VSE not only does justice to (...) the inclusive ambition of FST, but even solves a well-discussed problem for the latter. (shrink)

As has been noted by Alvin Goldman, there are some very interesting similarities between his Veritistic Social Epistemology (VSE) and Sandra Harding's Feminist Standpoint Theory (FST). In the present paper, it is argued that these similarities are so significant as to motivate an incorporation of FST into VSE, considering that (i) a substantial common ground can be found; (ii) the claims that go beyond this common ground are logically compatible; and (Hi) the generality of VSE not only does justice to (...) the inclusive ambition of FST, but even solves a well-discussed problem for the latter. (shrink)

Naomi Zack’s unique and important collection, Women of Color and Philosophy, brings together for the first time the voices of twelve philosophers who are women of color. She begins with the premise that the work of women of color who do philosophy in academe, but who do not write exclusively on issues of race, ethnicity, and gender, merits a collection of its own. It’s rare that women of color pursue philosophy in academic contexts; Zack counts at most thirty among the (...) ten thousand members of the American Philosophical Association. Women of color in philosophy often suffer an initial lack of credibility with colleagues and students, their success is often attributed to affirmative action, and the merit of their research is often questioned. They are expected to teach classes on race and gender, and asked to serve on endless committees vouching for the diversity of university programs and policies. But Zack’s collection is not about the philosophical import of these professional considerations. The idea underlying her anthology is that social identity is relevant to both philosophical activity and the production of ideas even when an author does not address race and gender. -/- This landmark volume is divided into three sections intended to reflect three critical themes: direct critiques of traditional academic philosophy; new and original applications of philosophical methods to social issues; and the fresh interpretation of traditional philosophy in ways that suggest new areas of study. (shrink)

The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...) sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

The exculpatory rhetorical power of the term “honest belief” continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a “belief” in consent was or was not reckless or wilfully blind. An accused's “honest belief” routinely begs this question, leading to a truncated analysis of criminal (...) responsibility, and error. The problem illustrates how easily old rhetoric perpetuates assumptions that no longer have a place in Canadian law. (shrink)