This paper follows on from a brief debate about the role of conscientious objection in healthcare, where the issue arose as to whether conscientious objection is (or can) be a tool of resistance against systemic injustice. The paper contributes to this debate by highlighting that some authors generally opposed to conscientious objection in healthcare have shown some support to this idea. Perhaps if there is one area in which all can agree, it is that in healthcare conscientious objection (...) should be allowed so as to prevent cases of systemic injustice. (shrink)

By setting the focus on issues of dependence and embodiment, feminist work has and continues to radically improve our understanding of Kant’s practical philosophy as one that is not (as it typically has been taken to be) about disembodied abstract rational agents. This paper outlines this positive development in Kant scholarship in recent decades by taking us from Kant’s own comments on women through major developments in Kant scholarship with regard to the related feminist issues. The main aim is to (...) provide an overview of the philosophical resources already available in the literature as well as a sense of where main interpretive and philosophical challenges currently lie. More specifically, I start with a brief summary of the kinds of statements Kant makes about women that give rise to the many interpretive and philosophical puzzles facing anyone who reads his philosophy carefully. I then provide a brief historical overview of many of the pioneering women Kant scholars who made it possible for there to be so many excellent women scholars in the Kant community today and for firmly establishing the condition of woman as a point of inquiry on the philosophical map. The last section is organized in themes to give the reader a sense of the current, related discussions. I provide an overview of the more recent literature regarding Kant on women, embodiment (sexual objectification, sexual activity, sexual violence, abortion), care relations (marriage, dependents, servants), and systemic injustice (poverty, sex work, and oppression). As we will see, these many engagements with Kant’s philosophy not only help us to better understand our inherited women-undermining and problematic dependency-furthering institutions and practices, but also provide ample philosophical resources that can be utilized in our efforts to envision the project of reform such that we can achieve a better future for each and all. (shrink)

In recent months, Covid‐19 has devastated African American communities across the nation, and a Minneapolis police officer murdered George Floyd. The agents of death may be novel, but the phenomena of long‐standing epidemics of premature black death and of police violence are not. This essay argues that racial health and health care disparities, rooted as they are in systemic injustice, ought to carry far more weight in clinical ethics than they generally do. In particular, this essay examines palliative (...) and end‐of‐life care for African Americans, highlighting the ways in which American medicine, like American society, has breached trust. In the experience of many African American patients struggling against terminal illness, health care providers have denied them a say in their own medical decision‐making. In the midst of the Covid‐19 pandemic, African Americans have once again been denied a say with regard to the rationing of scarce medical resources such as ventilators, in that dominant and ostensibly race‐neutral algorithms sacrifice black lives. Is there such thing as a “good” or “dignified” death when African Americans are dying not merely of Covid‐19 but of structural racism? (shrink)

Constellations, Volume 29, Issue 1, Page 107-120, March 2022.

Constellations, Volume 29, Issue 1, Page 107-120, March 2022.

The terms ‘structural injustice’ and ‘systemic injustice’ are commonly used, but their meanings are elusive. In this paper, I sketch an ontology of social systems that embeds accounts of social structures, relations, and practices. On this view, structures may be intrinsically problematic, or they may be problematic only insofar as they interact with other structures in the system to produce injustice. Because social practices that constitute structures set the backdrop for agency and identity, socially fluent agents (...) reproduce the systems, often unknowingly and unintentionally. The account aims to capture how agents both depend on and enact structures, and do so in ways that, as Ta-Nehisi Coates says, ‘land on the body’. (shrink)

In this paper we examine the epistemic treatment of Indigenous peoples by the Inter-American Court and Commission on Human Rights, two institutions that have sought to affirm the rights of Indigeno...

"American criminal justice is a dysfunctional mess. The so-called Land of the Free imprisons more people than any other country in the world. Understanding why means focusing on color -- not only on black or white, but also on green. The problem is that nearly everyone involved in criminal justice faces bad incentives. "Injustice for All" systematically diagnoses why and where American criminal justice goes wrong, and offers functional proposals for reform. By changing who pays for what, how people (...) are appointed, how people are punished, and which things are criminalized, we can make the US a country which guarantees justice for all." --. (shrink)

When one takes an intersectional perspective on patterns of oppression and domination, it becomes clear that familiar forms of systemic injustice, such as misogyny and anti-Black racism, are inseparable. Some feminist theorists conclude, from this, that the systems behind these injustices cannot be individuated—for example, that there isn’t patriarchy and white supremacy, but instead only white supremacist patriarchy. This chapter offers a different perspective. Philosophers have long observed that a statue and a lump of clay can be individuated (...) although inseparable, and that statues and lumps of clay do different explanatory and predictive work for the same causal outcomes. This chapter suggests that the same is true of systems such as patriarchy and white supremacy. These systems, like the injustices they produce, are inseparable. But they can be individuated, and when they are individuated, they do different explanatory and predictive work. (shrink)

This paper offers an analysis of how the American criminal justice system sets unfair constraints on the epistemic agency of detained subjects and promotes unfair negative consequences on the exerc...

What responsibility do individuals bear for structural injustice? Iris Marion Young has offered the most fully developed account to date, the Social Connections Model. She argues that we all bear responsibility because we each causally contribute to structural processes that produce injustice. My aim in this article is to motivate and defend an alternative account that improves on Young’s model by addressing five fundamental challenges faced by any such theory. The core idea of what I call the “Role-Ideal (...) Model” is that we are each responsible for structural injustice through and in virtue of our social roles, i.e. our roles as parents, colleagues, employers, citizens, etc., because roles are the site where structure meets agency. In short, the Role-Ideal Model explains how individual action contributes to structural change, justifies demands for action from each particular agent, specifies what kinds of acts should be undertaken, moderates between demanding too much and too little of individual agents, and provides an account of the critical responses appropriate for holding individuals accountable for structural injustice. (shrink)

The new Hungarian Labour Code allows informal payments to be accepted, subject only to the prior permission of the employer. In Hungary, the area most affected is Health Care, where informal payments to medical staff are common. The article assesses the practice on ethical terms, focusing on organisational justice. It includes an analysis of distributional injustice, that is, of non-equitable payments to professionals, on the distribution of payments depending on the specialisation and status of the doctor, on his or (...) her rights to allocate Health Care resources and/or on how assertive he or she is. We show, by means of a content analysis of internet postings and of interviews with physicians, the feelings and attitudes of both patients and doctors—thus enabling us to trace interactional and procedural injustice and portray the main driving forces of informal payment with causal loops. We use a new approach (a system dynamics computer simulation) to demonstrate how informal payments influence therapy procedures. The example of treating the common skin disease of psoriasis examines the specific behaviour of doctors in their everyday practice and estimates the extent to which the prescription of unnecessary or more expensive therapy increases the costs. With this multi-method approach, we demonstrate that the legislation allowing informal payment represents bad ethics, since it enforces organisational injustice, creates mistrust between physicians and patients, decreases performance and increases the total costs paid both by society and the Health Insurance Fund. Informal payments distort the allocation of resources, enforce discrimination based solely on money, violate the concept of solidarity and limit Human Rights in terms of health. (shrink)

For the last fifty years, the United States healthcare system has done an extremely poor job of delivering healthcare in a just and fair manner. The United States holds the dubious distinction of being the only industrialized nation in the world lacking provisions to ensure universal coverage. We attempt to provide some of the reasons this dysfunctional system has persisted and show that healthcare should not be a commodity. We begin with a brief historical overview of healthcare delivery in the (...) United States since WWII. This is followed by a critical analysis of the for-profit model including reasons to support the view that healthcare should not be a free market commodity. We also demonstrate how special interest groups have been able to win support for their practices based on propaganda rather than fact. A brief analysis of the Affordable Care Act is offered along with critical comments regarding its ineffectiveness. We conclude with a brief overview of international approaches that have resulted in universal coverage and suggest the United States ought to adopt an approach similar to those outlined so that it no longer stands as the only industrialized nation to ignore the glaring problems that exist. (shrink)

Epistemic injustice has rapidly become a powerful tool for analysis of otherwise hidden social harms. Yet empirical research into how resistance to knowing and understanding can be generated and replicated in social programmes is limited. We have identified a range of subtle and not-so-subtle inflections of epistemic injustice as they play out in an intervention for people with chronic depression in receipt of disability benefits. This article describes the different ‘species’ of epistemic injustice observed and reveals how (...) these are unintentionally produced at frontline, management, commissioning and policy levels. Most notably, there remains a privileging of clinical knowledge over other forms of knowledge, producing a ‘pathocentric epistemic complex’. This, combined with the failure of different agencies with competing ideologies to adequately understand each other, and a vicious policy context, added to the injustices already faced by people with mental health issues, generating multiple harms. This has important implications for a range of integrated care and welfare interventions – not least by drawing attention to their unintended potential for replicating epistemic injustice as an institutionalised complex. Careful evaluation and design of such programmes, applying the philosophical and epistemic resources illustrated here, can help mitigate this outcome. Further, by raising awareness of epistemic injustice among programme participants, we can generate epistemic structures that secure programme integrity locally, and promote better policy. (shrink)

Artificial intelligence (AI) and machine learning (ML) systems increasingly purport to deliver knowledge about people and the world. Unfortunately, they also seem to frequently present results that repeat or magnify biased treatment of racial and other vulnerable minorities. This paper proposes that at least some of the problems with AI’s treatment of minorities can be captured by the concept of epistemic injustice. To substantiate this claim, I argue that (1) pretrial detention and physiognomic AI systems commit testimonial injustice (...) because their target variables reflect inaccurate and unjust proxies for what they claim to measure; (2) classification systems, such as facial recognition, commit hermeneutic injustice because their classification taxonomies, almost no matter how they are derived, reflect and perpetuate racial and other stereotypes; and (3) epistemic injustice better explains what is going wrong in these types of situations than does the more common focus on procedural (un)fairness. (shrink)

There is a growing awareness that there are many subtle forms of exclusion and partiality that affect the correct workings of a judicial system. The concept of epistemic injustice, introduced by the philosopher Miranda Fricker, is a useful conceptual tool to understand forms of judicial partiality that often go undetected. In this paper, we present Fricker’s original theory and some of the applications of the concept of epistemic injustice in legal processes. In particular, we want to show that (...) the seed planted by Fricker has flourished into a rich field of study in which the concept is used to analyze many different phenomena in law, not always following the original characterization provided by her. This has led to a distinction between what we will call the narrow version of the concept, which is closer to Fricker’s original account, and the wider version of epistemic injustice, which is a more controversial notion because it is always on the verge of morphing into other well-known concepts like sexism, racial discrimination, oppression, silencing, and gaslighting. We will show that the value of the narrow version is mostly theoretical, and that in order to use the concept of epistemic injustice one must adopt a more liberal understanding of it. (shrink)

Machine learning (ML) systems play an increasingly relevant role in medicine and healthcare. As their applications move ever closer to patient care and cure in clinical settings, ethical concerns about the responsibility of their use come to the fore. I analyse an aspect of responsible ML use that bears not only an ethical but also a significant epistemic dimension. I focus on ML systems’ role in mediating patient–physician relations. I thereby consider how ML systems may silence patients’ voices and relativise (...) the credibility of their opinions, which undermines their overall credibility status without valid moral and epistemic justification. More specifically, I argue that withholding credibilitydue tohow ML systems operate can be particularly harmful to patients and, apart from adverse outcomes, qualifies as a form of testimonial injustice. I make my case for testimonial injustice in medical ML by considering ML systems currently used in the USA to predict patients’ risk of misusing opioids (automated Prediction Drug Monitoring Programmes, PDMPs for short). I argue that the locus of testimonial injustice in ML-mediated medical encounters is found in the fact that these systems are treated asmarkers of trustworthinesson which patients’ credibility is assessed. I further show how ML-based PDMPs exacerbate and further propagate social inequalities at the expense of vulnerable social groups. (shrink)

The practice of Emergency Management in Michigan raises anew the question of whose knowledge matters to whom and for what reasons, against the background of what projects, challenges, and systemic imperatives. In this paper, I offer a historical overview of state intervention laws across the United States, focusing specifically on Michigan’s Emergency Manager laws. I draw on recent analyses of these laws to develop an account of a phenomenon that I call epistemic redlining, which, I suggest, is a form (...) of group-based credibility discounting not readily countenanced by existing, ‘culprit-based’ accounts of epistemic injustice. I argue that epistemic redlining plays a crucial role in ongoing projects of racialized subordination and dispossession in Michigan, and that such discounting tends to have structural causes that can be difficult to identify and uproot. Contrary to the general thrust of recent work on the topic, I argue that epistemic redlining ought to be understood as a form of epistemic injustice. (shrink)

Democratic legitimacy is often grounded in proceduralist terms, referring to the ideal of political equality that should be mirrored by fair procedures of decision-making. The paper argues (§1) that the normative commitments embedded in a non-minimalist account of procedural legitimacy are well expressed by the ideal of co-authorship. Against this background, the main goal of the paper is to argue that structural forms of epistemic injustice are detrimental to the overall legitimacy of democratic systems. In §2 I analyse Young’s (...) notion of political powerlessness and claim that in structurally unjust social contexts members of powerless groups often are not properly acknowledged as functioning members of the polity, hence being jeopardized in their ability to develop part of their personal identity. In §III, I define gerrymandering as an example of political disempowerment that involves an epistemic harm for oppressed citizens, namely, to be prejudicially excluded from the community of epistemic trust. My thesis is that being epistemically disempowered has a negative impact on the way in which citizens understand themselves as political actors, since they suffer a lack of social recognition that may impede a proper development of their reflexive agency. In §IV, I discuss the proposal of granting epistemic privilege to members of oppressed groups, given their specific experience of social injustices. I introduce two concerns about this proposal, one morally grounded and one pragmatically oriented. Finally, in §V, I briefly sketch some institutional remedies that can be employed in order to politically fight systemic forms of epistemic injustice. (shrink)

Technologies that deploy data science methods are liable to result in epistemic harms involving the diminution of individuals with respect to their standing as knowers or their credibility as sources of testimony. Not all harms of this kind are unjust but when they are we ought to try to prevent or correct them. Epistemically unjust harms will typically intersect with other more familiar and well-studied kinds of harm that result from the design, development, and use of data science technologies. However, (...) we argue that epistemic injustices can be distinguished conceptually from more familiar kinds of harm. We argue that epistemic harms are morally relevant even in cases where those who suffer them are unharmed in other ways. Via a series of examples from the criminal justice system, workplace hierarchies, and educational contexts we explain the kinds of epistemic injustice that can result from common uses of data science technologies. (shrink)

Structural injustice is injustice produced by largescale social structures and processes that create systemic disadvantages for large groups of people. Individuals have duties to counteract structural injustice. These duties are more demanding for people privileged by unjust social structures than for non-privileged individuals, even when the latter have equal ability to contribute. What explains this? I review and reject two common explanations, i.e., the Reparation Account and the Restitution Account. I offer a third view, the Domination (...) Account; it holds that the privileged have more demanding duties because they pose a constant threat of domination to non-privileged individuals by virtue of their structural positions. (shrink)

This paper presents an overview of the dimensions of unsafe motherhood, contrasting data from economically developed countries with some from developing countries. It addresses many common factors that shape unsafe motherhood, identifying medical, health system and societal causes, including women's powerlessness over their reproductive lives in particular as a feature of their dependent status in general. Drawing on perceptions of Jonathan Mann, it focuses on public health dimensions of maternity risks, and equates the role of bioethics in conscientious medical care (...) to that of human rights in public health care. The microethics of medical care translate into the macroethics of public health, but the transition compels some compromise of personal autonomy, a key feature of Western bioethics, in favour of societal analysis. Religiously‐based morality is seen to have shaped laws that contribute to unsafe motherhood. Now reformed in former colonizing countries of Europe, many such laws remain in effect in countries that emerged from colonial domination. UN conferences have defined the concept of ‘reproductive health’ as one that supports women's reproductive self‐determination, but restrictive abortion laws and practices epitomize the unjust constraints to which many women remain subject, resulting in their unsafe motherhood. Pregnant women can be legally compelled to give the resources of their bodies to the support of others, while fathers are not legally compellable to provide, for instance, bone‐marrow or blood donations for their children's survival. Women's unjust legal, political, economic and social powerlessness explains much unsafe motherhood and maternal mortality and morbidity. (shrink)

This paper presents an overview of the dimensions of unsafe motherhood, contrasting data from economically developed countries with some from developing countries. It addresses many common factors that shape unsafe motherhood, identifying medical, health system and societal causes, including women's powerlessness over their reproductive lives in particular as a feature of their dependent status in general. Drawing on perceptions of Jonathan Mann, it focuses on public health dimensions of maternity risks, and equates the role of bioethics in conscientious medical care (...) to that of human rights in public health care. The microethics of medical care translate into the macroethics of public health, but the transition compels some compromise of personal autonomy, a key feature of Western bioethics, in favour of societal analysis. Religiously‐based morality is seen to have shaped laws that contribute to unsafe motherhood. Now reformed in former colonizing countries of Europe, many such laws remain in effect in countries that emerged from colonial domination. UN conferences have defined the concept of ‘reproductive health’ as one that supports women's reproductive self‐determination, but restrictive abortion laws and practices epitomize the unjust constraints to which many women remain subject, resulting in their unsafe motherhood. Pregnant women can be legally compelled to give the resources of their bodies to the support of others, while fathers are not legally compellable to provide, for instance, bone‐marrow or blood donations for their children's survival. Women's unjust legal, political, economic and social powerlessness explains much unsafe motherhood and maternal mortality and morbidity. (shrink)

How well the Sustainable Development Goals (SDGs) are achieved will greatly influence the lives of today’s children and decisively shape the rest of the 21st century. Yet, children were largely excluded from opportunities to influence the selection of SDGs and their associated targets and indicators, and major barriers to meaningful child engagement remain. However, child-focused agencies have found that when children are intentionally enabled to participate in seeking accountability, they can influence their families, communities and governments to value their contributions (...) and increase their well-being. In furthering its strategy of building brighter futures for children, World Vision implements Citizen Voice and Action (CV&A), a strategic social accountability approach, into communities where children are severely impoverished. Drawing on empirical evidence from children’s CV&A experiences, this paper enquires into the circumstances under which children are empowered to seek accountability for SDGs. This article identifies shared processes which they and others use to strengthen children’s participation in seeking social justice through social accountability. This paper argues that children possess under-recognised research capabilities to think and reflect systemically, critique, understand, and pursue socially just and equitable outcomes conducive to the SDGs, which under the right circumstances, can influence practices, policies, laws and systems. (shrink)

Through a detailed analysis that draws on work across philosophy, the law, and social psychology, this book shows that, from the very beginning of the American criminal legal process in interrogation rooms to its final stages in front of parole boards, testimony is extracted from individuals through processes that are coercive, manipulative, or deceptive. This testimony is then unreasonably regarded as representing the testifiers’ truest or most reliable selves. With chapters ranging from false confessions and eyewitness misidentifications to recantations from (...) victims of sexual violence and expressions of remorse from innocent defendants at sentencing hearings, it is argued that there is a distinctive epistemic wrong being perpetrated against suspects, defendants, witnesses, and victims. This wrong involves brute State power targeting the epistemic agency of its citizens, extracting false testimony that is often life-shattering, and rendering the victims in question complicit in their own undoing. It is concluded that it is only through understanding what it means to respect the epistemic agency of each participant in the criminal legal system that we can truly grasp what justice demands and, in so doing, to reimagine what is possible. (shrink)

A structural harm results from countless apparently innocuous interactions between a great many individuals in a social system, and not from any agent’s intentionally producing the harm. Iris Young has influentially articulated a model of individual moral responsibility for such harms, and several other philosophers have taken it as their starting point for dealing with the phenomenon of structural injustice. In this paper, I argue that this social connection model is far less realistic and socially effective than it aims (...) to be. This is because the model systematically neglects the key role played by the emotions in human moral life. (shrink)

The authors argue that from the perspective of distributive justice, school district fragmentation—meaning both the existing reality of hyper-proliferated school districts and the practice of further breaking larger districts into smaller ones—produces three distinct injustices. First, it undermines racial solidarity and the bonds of community. Second, it violates the demands of procedural justice. And third, it leads to substantively unfair outcomes. Taken together, these concerns suggest that to create a more just educational system we ought to resist further fragmentation and (...) push for larger, more consolidated school districts coupled with progressive redistributive funding. To support this central normative argument, the article provides two justifications for conceptualizing education as a fundamental entitlement and its provision as a form of mutual aid. (shrink)

The globalizing or totalizing imposition of a particular understanding of justice, fairness, or equality, as seen, for example, in Canada's single health care system, which forbids the sale of private insurance and the purchase of better basic health care, cannot be justified in general secular terms because of the following limitations: the plurality of understandings of justice, fairness, and equality, and the inability to establish one understanding as canonical. The secular state lacks plausible moral authority for the coercive imposition of (...) one such account on peaceable, consenting adults. This state of affairs, with regard to the weakness of human moral epistemological powers, means that the secular state fails to have the moral authority to forbid coercively the sale and purchase of organs. It further lacks the secular, moral authority to impose equal access to organ transplantations. Assertions of such authority amount to reckless claims of fairness, and for this reason, health care policy must be set within the constraints of limited, constitutional regimes. (shrink)

This paper focuses on how experiences of trauma can lead to generalized fear of people, objects and places that are similar or contextually or conceptually related to those that produced the initial fear, causing epistemic, affective, and practical harms to those who are unduly feared and those who are intimates of the victim of trauma. We argue that cases of fear generalization that bring harm to other people constitute examples of injustice closely akin to testimonial injustice, specifically, mnemonic (...) injustice. Mnemonic injustice is a label that has been introduced to capture how injustice can occur via the operation of human memory systems when stereotypes shape what is remembered. Here we argue that injustices can also occur via memory systems when trauma leads to a generalized fear. We also argue that this calls for a reformulation of the notion of mnemonic injustice. (shrink)

Contemporary realities of global population movement increasingly bring to the fore the challenge of quality and equitable health provision across language barriers. While this linguistic challenge is not unique to immigration contexts and is likewise shared by health systems responding to the needs of aboriginal peoples and other historical linguistic minorities, the expanding multilingual landscape of receiving societies renders this challenge even more critical, owing to limited or even non‐existing familiarity of modern and often monolingual health systems with the particular (...) needs of new linguistic minorities. The centrality of language to health beliefs, attitudes, practices, cultural scripts, and conceptual frameworks emphasizes its pivotal role in the healthcare process, and consequently in the adverse effects of treatment that is language‐insensitive and unaware. Such an attitude on the part of medical authorities risks considerable epistemic injustice in the form of a (mis)judgement of patients’ intelligence, credibility, and rationality based on the language that they speak and the manner in which they speak it, consequently impacting the quality and equity of care provided. This danger, I argue, may be effectively countered by fostering among the participants in the healthcare process a sense of epistemic humility through greater metalinguistic awareness. Outlining a range of operative steps that can be used to facilitate this. I argue that the reality of language barriers in the healthcare process, while not entirely eliminable, may nevertheless be successfully addressed, in order to mitigate the challenge of quality and equitable healthcare provision in multilingual societies. (shrink)

In this paper, I expand our framework for epistemic injustice by shifting focus from epistemic evaluations of individuals in information exchange to epistemic evaluations of individuals engaging their know-how in performance. I call the injustice to individuals qua knowers-how performative injustice, and I argue that performative injustice has distinct features worth understanding apart from varieties of epistemic injustice devoted to information exchange. I develop an account of the performative authority that is unfairly evaluated in cases (...) of performative injustice and show how, in some cases, cognitive penetration can affect observers’ evaluations. Finally, I show how stereotype threat may short circuit what would otherwise be cases of performative injustice, which in turn reveals the significance of its systemic manifestations. (shrink)

Le lien établi par Young entre la participation d’un agent à la dynamique structurelle produisant l’injustice et sa responsabilité de combattre politiquement l’injustice est intuitivement attrayant, mais il doit être complété pour que la théorie de la responsabilité adossée à la connexion sociale soit intelligible et solide. Quelle est la signification de la responsabilité que Young attribue aux participants au système? Comment cette responsabilité est-elle normativement justifiée? De quelle manière les agents impliqués peuvent-ils la mettre en œuvre?

In this paper, we argue that certain theoretical conceptions of health, particularly those described as ‘biomedical’ or ‘naturalistic’, are viciously epistemically unjust. Drawing on some recent work in vice epistemology, we identity three ways that abstract objects (such as theoretical conceptions, doctrines, or stances) can be legitimately described as epistemically vicious. If this is right, then robust reform of individuals, social systems, and institutions would not be enough to secure epistemic justice: we must reform the deeper conceptions of health that (...) underlie them. (shrink)

When an agent suffers in their capacity as a knower, they are a victim of epistemic injustice. Varieties of epistemic injustices have been theorised. A salient feature across these theories is that perpetrators and victims of epistemic injustice belong to different social groups. In this paper, I argue for a form of epistemic injustice that could occur between members of the same social group. This is a form of epistemic injustice where the knower is first a (...) victim of historical and continuing oppression. Secondly, they internalise and appreciate the systems that harm them as a knower. This is possible because the victim subscribes to perniciously formed epistemic systems. This form of epistemic injustice is a valuable explanatory tool for non-standard and obscure instances of epistemic injustice where the victim a) accepts and appreciates the injustice they experience and b) is even the seeming perpetrator of the injustice against themselves. (shrink)

"Cover" -- "Title" -- "Copyright" -- "Contents" -- "Preface" -- "Acknowledgments" -- "1 Beyond the Moral Responsibility System" -- "2 The Unjust Necessity of Punishment" -- "3 Tychonic Moral Responsibility" -- "4 The Strike-Back Roots of Retributive Justice" -- "5 A Just World, Moral Responsibility, and the Justice of Punishment" -- "6 Does Denying Moral Responsibility Threaten Dignity, Rights, and Innocence?" -- "7 Empirical Examination of Moral Responsibility" -- "8 How Does Belief in Moral Responsibility Undermine Personal Dignity?" -- "9 (...) Efforts to Make Punishment Just" -- "10 Is Therapy an Alternative?" -- "11 The No-Blame System Model" -- "12 No Limits on No-Blame" -- "13 A Universal No-Blame System" -- "14 Conclusion" -- "References. (shrink)

Madison Powers and Ruth Faden's book Structural Injustice: Power, Advantage, and Human Rights (Oxford University Press, 2019), is an invaluable contribution to help us grasp the contemporary ills of our nonideal world. The authors' general claim is that the concept of structural injustice allows us to identify the causes and social processes leading to the violation of human rights and the production of unfair systems of disadvantage and privilege. Building on Powers and Faden's well‐known thesis that social justice (...) is concerned with the achievement of a sufficient level of well‐being, the book delves into an in‐depth discussion of their conceptual framework, incorporating concrete examples to illustrate their analysis. (shrink)

Many of the benefits and burdens we might experience in our lives — from bank loans to bail terms — are increasingly decided by institutions relying on algorithms. In a sense, this is nothing new: algorithms — instructions whose steps can, in principle, be mechanically executed to solve a decision problem — are at least as old as allocative social institutions themselves. Algorithms, after all, help decision-makers to navigate the complexity and variation of whatever domains they are designed for. In (...) another sense, however, this development is startlingly new: not only are algorithms being deployed in ever more social contexts, they are being mechanically executed not merely in principle, but pervasively in practice. Due to recent advances in computing technology, the benefits and burdens we experience in our lives are now increasingly decided by automata, rather than each other. How are we to morally assess these technologies? In this chapter, I propose a preliminary conceptual schema for identifying and locating the various injustices of automated, algorithmic social decision systems, from a broadly liberal perspective. (shrink)

This article argues that political injustices can arise from the distribution and character of our sexual desires and that we can be held responsible for correcting these injustices. It draws on a conception of structural injustice to diagnose unjust patterns of sexual attraction, which are taken to arise when socio-structural processes shaping the formation of sexual desire compound systemic domination and capacity-deprivation for the occupants of a social position. Individualistic and structural solutions to the problem of unjust patterns (...) of sexual attraction are assessed in the context of racialised sexual aversion, racial fetishism, and the desexualisation of people with disabilities. While both forms of intervention can help in principle, some of the advantages of structural approaches are laid out. A schema for assigning political responsibilities for addressing this injustice is proposed, with some limits identified to the kinds of state and social responses that are justified. Finally, the status of the merely aesthetically unappealing is considered, with a relational egalitarian approach concluding that they are subject to structurally unjust patterns of sexual desire only when exposed to oppression or second-class citizenship as a result. (shrink)

The climate crisis has implications for the idea of justice. The paper explores this idea to inquire whether climate change wrongs animals and, if it does, how these wrongs are constitutive of an injustice. The first question is answered in the positive to then propose an answer to the second question through an account of climate injustice articulated as a problem of distribution of ecological space. On that basis, the general conclusion of the paper is that at least (...) some harms suffered by animals are constitutive of climate distributive injustices. They are cases of wrongful appropriation of ecological space, that is, of the benefits that the Earth’s life-support systems and its physical resources provide to sentient animals. These are wrongs against animals that should be condemned, prohibited and redressed. (shrink)

According to Russell and Norvig’s (2009) classification, Artificial Intelligence (AI) is the field that aims at building systems which either think rationally, act rationally, think like humans, or...

Epistemic injustice is defined by Miranda Fricker as injustice done to people specifically in their capacities as knowers. Fricker argues that this injustice can be either testimonial or hermeneutical in character. A hearer commits testimonial injustice against a speaker by assigning unfairly little credibility to the speaker’s testimony. Hermeneutical injustice exists in a society when the society lacks the concepts necessary for members of a group to understand their social experiences. We argue that epistemic (...) class='Hi'>injustice is necessary to permit the functioning of race-based chattel slavery and that this necessity is illustrated in slave narratives. The testimonies of slave narratives like those of Frederick Douglass, Olaudah Equiano, Harriet Jacobs, and Mary Prince identify and transform a culture of race-based epistemic hermeneutic and testimonial injustice. Through telling their stories, these agents establish their capacity as knowers and thus resist the epistemic injustice that undergirds the oppressive system of race-based chattel slavery. The authors of slave narratives not only identify race-based epistemic injustice, but actively fight against it. (shrink)

Epistemic injustice is defined by Miranda Fricker as injustice done to people specifically in their capacities as knowers. Fricker argues that this injustice can be either testimonial or hermeneutical in character. A hearer commits testimonial injustice against a speaker by assigning unfairly little credibility to the speaker’s testimony. Hermeneutical injustice exists in a society when the society lacks the concepts necessary for members of a group to understand their social experiences. We argue that epistemic (...) class='Hi'>injustice is necessary to permit the functioning of race-based chattel slavery and that this necessity is illustrated in slave narratives. The testimonies of slave narratives like those of Frederick Douglass, Olaudah Equiano, Harriet Jacobs, and Mary Prince identify and transform a culture of race-based epistemic hermeneutic and testimonial injustice. Through telling their stories, these agents establish their capacity as knowers and thus resist the epistemic injustice that undergirds the oppressive system of race-based chattel slavery. The authors of slave narratives not only identify race-based epistemic injustice, but actively fight against it. (shrink)

Epistemic violence and epistemic injustice occur when a person or collective suffers unjust harm as epistemic subjects. This article explores the role of these issues in the conflict known as “laws of dispossession”, which consists of the systematic issu- ance of regulations that legalize extractivist and capitalist procedures in the indigenous ancestral territories. Specifically, this article argues that this phenomenon generates specifically epistemic harm to Colombian indigenous communities since it prevents them from inhabiting their territories in a way that (...) is coherent with their epistemic resources; also, that this damage stems from a significant inability of the neoliberal governments of the last two decades to recognize the particularities and importance of the concept of territory in the epistemological systems of the indigenous communities which imprints a dimension of epistemic marginalization to the phenomenon of political marginalization that these communities have denounced. (shrink)

With their prospect for causing both novel and known forms of damage, harm and injury, the issue of responsibility has been a recurring theme in the debate concerning autonomous vehicles. Yet, the discussion of responsibility has obscured the finer details both between the underlying concepts of responsibility, and their application to the interaction between human beings and artificial decision-making entities. By developing meaningful distinctions and examining their ramifications, this article contributes to this debate by refining the underlying concepts that together (...) inform the idea of responsibility. Two different approaches are offered to the question of responsibility and autonomous vehicles: targeting and risk distribution. The article then introduces a thought experiment which situates autonomous vehicles within the context of crash optimisation impulses and coordinated or networked decision-making. It argues that guiding ethical frameworks overlook compound or aggregated effects which may arise, and which can lead to subtle forms of structural discrimination. Insofar as such effects remain unrecognised by the legal systems relied upon to remedy them, the potential for societal inequalities is increased and entrenched, situations of injustice and impunity may be unwittingly maintained. This second set of concerns may represent a hitherto overlooked type of responsibility gap arising from inadequate accountability processes capable of challenging systemic risk displacement. (shrink)

People can be treated unjustly with respect to the level of credibility others accord to their testimony. This is the core idea of the philosophical idea of epistemic justice. It should be of utmost interest to criminal law which extensively deals with normative issues of evidence and testimony. It may reconstruct some of the long-standing criticisms of criminal law regarding credibility assessments and the treatment of witnesses, especially in sexual assault cases. However, philosophical discussions often overlook the intricate complexities of (...) real procedural law and its underlying considerations. In its present form, the philosophical notion of epistemic injustice provides limited insights into legal discourse; it necessitates translation and adaptation. This study contributes to this endeavor by examining the contentious issue of testimony from witnesses who have undergone trauma-focused psychotherapy. Since the 1980s, courts worldwide were troubled with cases of false accusations based on false memories generated by suggestive therapeutic interventions. As a result, such post-therapy testimonies are discounted in one way or another in many jurisdictions. However, courts are still confronted with such testimonies, and the modi vivendi legal systems have established to deal with them continue to give rise to concerns about unjust treatment of witnesses. The question is thus whether legal rules or established practices of evaluating testimony based on memories which resurfaced after psychotherapy are epistemically and legally just. The paper presents seven ways in which courts may assess such testimonies and examines them in light of epistemic and procedural justice. Some of them prima facie constitute a form of epistemic injustice because they discount testimonies to an unwarranted degree. But these injustices might be justified by overriding principles favoring defendants. Nonetheless, the idea of epistemic justice, more broadly understood, inspires two principles that may serve as a foundation for a future conception of epistemic justice adapted to the law. (shrink)

With her conception of epistemic injustice, Miranda Fricker has opened up new normative dimensions for epistemology; that is, the injustice of denying one?s status as a knower. While her analysis of the remedies for such injustices focuses on the epistemic virtues of agents, I argue for the normative superiority of adapting a broadly republican conception of epistemic injustice. This argument for a republican epistemology has three steps. First, I focus on methodological and explanatory issues of identifying epistemic (...) injustice and argue, against Fricker, that identity prejudice fails to provide a sufficient explanatory basis for the spread and maintenance of such systematic epistemic injustice. Second, this systemic basis can be found not so much in the psychological attitudes of individual knowers, but in the relations of domination among groups and individuals in a society. Third, if such a presence of domination plays a primary explanatory role in all forms of epistemic injustice, it is likely that those who suffer from epistemic injustice will also suffer other forms of injustice and loss of status via the exercise of other forms of power and exclusion. (shrink)