Research programs in empirical psychology from the past two decades have revealed implicit biases. Although implicit processes are pervasive, unavoidable, and often useful aspects of our cognitions, they may also lead us into error. The most problematic forms of implicit cognition are those which target social groups, encoding stereotypes or reflecting prejudicial evaluative hierarchies. Despite intentions to the contrary, implicit biases can influence our behaviours and judgements, contributing to patterns of discriminatory behaviour. These patterns of discrimination are obviously wrong and (...) unjust. But in remedying such wrongs, one question to be addressed concerns responsibility for implicit bias. Unlike some paradigmatic forms of wrongdoing, such discrimination is often unintentional, unendorsed, and perpetrated without awareness; and the harms are particularly damaging because they are cumulative and collectively perpetrated. So, what are we to make of questions of responsibility? In this article, we outline some of the main lines of recent philosophical thought, which address questions of responsibility for implicit bias. We focus on (a) the kind of responsibility at issue; (b) revisionist versus nonrevisionist conceptions of responsibility as applied to implicit bias; and (c) individual, institutional, and collective responsibility for implicit bias. (shrink)

Philosophers who have written about implicit bias have claimed or implied that individuals are not responsible, and therefore not blameworthy, for their implicit biases, and that this is a function of the nature of implicit bias as implicit: below the radar of conscious reflection, out of the control of the deliberating agent, and not rationally revisable in the way many of our reflective beliefs are. I argue that close attention to the findings of empirical psychology, and to the conditions for (...) blameworthiness, does not support these claims. I suggest that the arguments for the claim that individuals are not liable for blame are invalid, and that there is some reason to suppose that individuals are, at least sometimes, liable to blame for the extent to which they are influenced in behaviour and judgment by implicit biases. I also argue against the claim that it is counter-productive to see bias as something for which individuals are blameworthy; rather, understanding implicit bias as something for which we are liable to blame could be constructive. (shrink)

The term 'implicit bias' has very swiftly been incorporated into philosophical discourse. Our aim in this paper is to scrutinise the phenomena that fall under the rubric of implicit bias. The term is often used in a rather broad sense, to capture a range of implicit social cognitions, and this is useful for some purposes. However, we here articulate some of the important differences between phenomena identified as instances of implicit bias. We caution against ignoring these differences: it is likely (...) they have considerable significance, not least for the sorts of normative recommendations being made concerning how to mitigate the bad effects of implicit bias. (shrink)

Our focus here is on whether, when influenced by implicit biases, those behavioural dispositions should be understood as being a part of that person’s character: whether they are part of the agent that can be morally evaluated.[4] We frame this issue in terms of control. If a state, process, or behaviour is not something that the agent can, in the relevant sense, control, then it is not something that counts as part of her character. A number of theorists have argued (...) that individuals do not have control, in the relevant sense, over the operation of implicit bias. We will argue that this claim is mistaken. We articulate and develop a notion of control that individuals have with respect to implicit bias, and argue that this kind of control can ground character-based evaluation of such behavioural dispositions. (shrink)

Research programs in empirical psychology over the past few decades have led scholars to posit implicit biases. This is due to the development of innovative behavioural measures that have revealed aspects of our cognitions which may not be identified on self-report measures requiring individuals to reflect on and report their attitudes and beliefs. But what does it mean to characterise such biases as implicit? Can we satisfactorily articulate the grounds for identifying them as bias? And crucially, what sorts of cognitions (...) are in fact being measured; what mental states or processes underpin such behavioural responses? In this paper, we outline some of the philosophical and empirical issues engaged when attempting to address these three questions. Our aim is to provide a constructive taxonomy of the issues, and how they interrelate. As we will see, any view about what implicit bias is may depend on a range of prior theoretical choices. (shrink)

In this paper, I set out some desiderata for a model of implicit cognition. I present test cases and suggest that, when considered in light of them, some recent models of implicit cognition fail to satisfy these desiderata. The test cases also bring to light an important class of cases that have been almost completely ignored in philosophical discussions of implicit cognition and implicit bias. These cases have important work to do in helping us understand both the role of implicit (...) cognition in action and our attempts to combat implicit biases. (shrink)

Should the state punish its disadvantaged citizens who have committed crimes? Duff has recently argued that where disadvantage persists the state loses its authority to hold individuals to account and to punish for criminal wrongdoings. I here scrutinize Duff’s argument for the claim that social justice is a precondition for the legitimacy of state punishment. I sharpen an objection to Duff’s argument: with his framework, we seem unable to block the implausible conclusion that where disadvantage persists the state lacks the (...) authority to punish any citizen for any crime. I then set out an alternative line of argument in support of the claim that social deprivation can threaten the states legitimate punitive authority. I argue that a penal system must incorporate certain proportionality principles, and that these principles cannot both be met where citizens suffer from deprivation. (shrink)

This chapter evaluates two competing views of morally responsible agency. The first view at issue is Vargas’s circumstantialism—on which responsible agency is a function of the agent and her circumstances, and so is highly context sensitive. The second view is McGeer’s scaffolded-responsiveness view, on which responsible agency is constituted by the capacity for responsiveness to reasons directly, and indirectly via sensitivity to the expectations of one’s audience (whose sensitivity may be more developed than one’s own). This chapter defends a version (...) of the scaffolded-responsiveness view, and develops two further claims. Firstly, moral responsibility should not be tied too closely to liability to praise or blame. Secondly, rather than revising our existing concept of responsibility, we would do better to ask what we want the concept of responsibility for. (shrink)

Philosophers have had a lot to say about blame, much less about praise. In this paper, I follow some recent authors in arguing that this is a mistake. However, unlike these recent authors, the reasons I identify for scrutinising praise are to do with the ways in which praise is, systematically, unjustly apportioned. Specifically, drawing on testimony and findings from social psychology, I argue that praise is often apportioned in ways that reflect and entrench existing structures of oppression. Articulating what (...) is going wrong here helps us to see what to do about it. (shrink)

Relational conceptions of autonomy attempt to take into account the social aspects of autonomous agency. Those views that incorporate not merely causally, but constitutively necessary relational conditions, incorporate a condition that has the form: A necessary condition for autonomous agency is that the agent stands in social relations S. I argue that any account that incorporates such a condition cannot play one of autonomy’s key normative roles: identifying those agents who ought to be protected from paternalistic intervention. I argue, against (...) objections from Oshana, that there are good reasons for maintaining the notion of autonomy in this role, and thus that such relational conceptions should not be accepted. This rejection goes beyond that from John Christman, which holds only for those relational conditions which are value-laden. (shrink)

Recent empirical research has substantiated the finding that very many of us harbour implicit biases: fast, automatic, and difficult to control processes that encode stereotypes and evaluative content, and influence how we think and behave. Since it is difficult to be aware of these processes - they have sometimes been referred to as operating 'unconsciously' - we may not know that we harbour them, nor be alert to their influence on our cognition and action. And since they are difficult to (...) control, considerable work is required to prevent their influence. We here focus on the implications of these findings for epistemology. We first look at ways in which implicit biases thwart our knowledge seeking practices (sections 1 & 2). Then we set out putative epistemic benefits of implicit bias, before considering ways in which epistemic practices might be improved (section 3). Finally, we consider the distinctive challenges that the findings about implicit bias pose to us as philosophers, in the context of feminist philosophy in particular (section 4). (shrink)

Motivating reforms to address discrimination and exclusion is important. But what epistemic practices characterize better or worse ways of doing this? Recently, the phenomena of implicit biases have played a large role in motivating reforms. We argue that this strategy risks perpetuating two kinds of epistemic oppression: the vindication dynamic and contributory injustice. We offer positive proposals for avoiding these forms of epistemic oppression when confronting racism.

This paper takes as its focus efforts to address particular aspects of sexist oppression and its intersections, in a particular field: it discusses reform efforts in philosophy. In recent years, there has been a growing international movement to change the way that our profession functions and is structured, in order to make it more welcoming for members of marginalized groups. One especially prominent and successful form of justification for these reform efforts has drawn on empirical data regarding implicit biases and (...) their effects. Here, we address two concerns about these empirical data. First, critics have for some time argued that the studies drawn upon cannot give us an accurate picture of the workings of prejudice, because they ignore the intersectional nature of these phenomena. More recently, concerns have been raised about the empirical data supporting the nature and existence of implicit bias. Each of these concerns, but perhaps more commonly the latter, are thought by some to undermine reform efforts in philosophy. In this paper, we take a three-pronged approach to these claims. First, we show that the reforms can be motivated quite independently of the implicit bias data, and that many of these reforms are in fact very well suited to dealing with intersectional worries. Next, we show that in fact the empirical concerns about the implicit bias data are not nearly as problematic as some have thought. Finally, we argue that while the intersectional concerns are an immensely valuable criticism of early work on implicit bias, more recent work is starting to address these worries. (shrink)

It is not usually morally permissible to desire the suffering of another person, or to act so as to satisfy this desire; that is, to act with the aim of bringing about suffering. If the retributive emotions, and the retributive responses of which they are a part, are morally permitted or even required, we will need to see what is distinctive about them. One line of argument in this paper is for the conclusion that a retributive desire for the suffering (...) of the wrong-doer, and the aim to bring this about, can (contra recent arguments from Hanna 2008) be morally justified. -/- It has been suggested that by reflecting on the role of the retributive emotions in interpersonal relationships, and the alleged legitimacy of the aim for the suffering of the wrong-doer within them, support can be garnered for retributive practices of punishment by the state (Duff 1986 and 2001, Bennett 2002 and 2003). The conclusion of the second line of argument in the paper is that whilst the retributive responses can permissibly aim at suffering, the way in which this is so in interpersonal relationships cannot provide support for retributive state punishment. (shrink)

Dembroff and Wodak (2018, 2021) argue that we have a duty to use gender-neutral pronouns, but do not extend this argument to all other aspects of our language. We evaluate the extent to which gender neutral language is desirable in the context of parental leave schemes, taking as a case study the parental leave schemes found at a Higher Education Institution in the UK. We argue that the considerations Dembroff and Wodak (2018, 2021) take to speak against gender specific pronouns (...) and some other gender specific aspects of language also strongly speak against gender specific language in the context of parental leave policies. As a project in non-ideal theory, we argue against the framing of existing policies which refer to ‘maternity’ and ‘paternity’ leave, and for moving to the language of ‘parental’ or ‘family’ leave. The fact that the majority of those giving birth are women does not provide decisive reasons for framing policies in gender-specific terms. Moreover, we argue that given the welcome move to facilitate shared parental leave, any concerns for gender equity, and equity for carers, are better served by requesting demographic information for monitoring purposes, rather than by policies that refer to gender specific parenting roles. -/- . (shrink)

Recent empirical work attempts to investigate how implicit biases target those facing intersectional oppression. This is welcome, since early work on implicit biases focused on single axes of discrimination, such as race, gender, or age. However, the success of such empirical work on how biases target those facing intersectional oppressions depends on adequate conceptualizations of intersectionality and empirical measures that are responsive to these conceptualizations. Surveying prominent recent empirical work, we identify failures in conceptualizations of intersectionality that inform the design (...) of empirical measures. These failures generate unsupported conclusions about the kinds of biases that those experiencing multiple oppressions face, and render proposed interventions to combat biases useless at best, harmful at worst. We also diagnose unwarranted assumptions about how stereotypes combine in complex concepts: first, that when “simple” social concepts combine the complex concepts inherit the associated stereotypes of their simpler constituent concepts; second that studies which focus on cognition about single social categories are investigating “simple” social concepts (cf. Goff and Khan 2013). We tease out recommendations to guide future investigations into biases that target those who experience multiple oppressions. (shrink)

This paper takes as its focus efforts to address particular aspects of sexist oppression and its intersections, in a particular field: it discusses reform efforts in philosophy. In recent years, there has been a growing international movement to change the way that our profession functions and is structured, in order to make it more welcoming for members of marginalized groups. One especially prominent and successful form of justification for these reform efforts has drawn on empirical data regarding implicit biases and (...) their effects. Here, we address two concerns about these empirical data. First, critics have for some time argued that the studies drawn upon cannot give us an accurate picture of the workings of prejudice, because they ignore the intersectional nature of these phenomena. More recently, concerns have been raised about the empirical data supporting the nature and existence of implicit bias. Each of these concerns, but perhaps more commonly the latter, are thought by some to undermine reform efforts in philosophy. In this paper, we take a three- pronged approach to these claims. First, we show that the reforms can be motivated quite independently of the implicit bias data, and that many of these reforms are in fact very well suited to dealing with intersectional worries. Next, we show that in fact the empirical concerns about the implicit bias data are not nearly as problematic as some have thought. Finally, we argue that while the intersectional concerns are an immensely valuable criticism of early work on implicit bias, more recent work is starting to address these worries. (shrink)

How, if at all, do the findings of social psychology impact upon philosophical analyses of discrimination? In this chapter, I outline key findings from three research programs from psychology – concerning in-group/out-group favoritism; implicit bias; and stereotype threat. I argue that each set of findings presents challenges to how philosophical analyses of group discrimination are formulated, and propose possible revisions to be explored in future work.

I argue that our acts of moral appraisal should be communicative. Praise and blame should communicate, to the appraised, information about their status and competences as moral agents; that they are recognised by the appraiser as a competent moral agent, and thus a legitimate candidate for appraisal. I argue for this thesis by drawing on empirical data about factors that can affect motivation. On the basis of such data, I formulate a constraint, and argue that two prominent models of moral (...) appraisal – a consequentialist model and Wallace’s ‘evaluative response’ model – violate this constraint. The model that I propose – the communicative conception of appraisal – does not violate this constraint. This conception, I argue, can provide a fuller picture of the role of appraisals in deepening agents’ commitment to moral norms. On this model, praise and blame has not only an evaluative component, but also communicates to the agent competence affirming information. (shrink)

Implicit bias training (IBT) is now frequently provided by employers, in order to raise awareness of the problems related to implicit biases, and of how to safeguard against discrimination that may result. However, as Atewologun et al (2018) have noted, there is very little systematicity in IBT, and there are many unknowns about what constitutes good IBT. One important issue concerns the tone of information provided regarding implicit bias. This paper engages this question, focusing in particular on the observation that (...) much bias training is delivered in exculpatory tone, emphasising that individuals are not to blame for possessing implicit biases. Normative guidance around IBT exhorts practitioners to adopt this strategy (Moss-Racusin et al 2014). However, existing evidence about the effects of moralized feedback about implicit bias is equivocal (Legault et al 2011; Czopp et al 2006). Through a series of studies, culminating in an experiment with a pre-registered analysis plan, we develop a paradigm for evaluating the impact of moralized feedback on participants’ implicit racial bias scores. We also conducted exploratory analyses of the impact on their moods, and behavioural intentions. Our results indicated that an exculpatory tone, rather than a blaming or neutral tone, did not make participants less resistant to changing their attitudes and behaviours. In fact, participants in the blame condition had significantly stronger explicit intentions to change future behaviour than those in the ‘no feedback’ condition (see experiment 3). These results indicate that considerations of efficacy do not support the need for implicit bias feedback to be exculpatory. We tease out the implications of these findings, and directions for future research. (shrink)

The reasonable person standard is used in adjudicating claims of self-defence. In US law, an individual may use defensive force if her beliefs that a threat is imminent and that force is required are beliefs that a reasonable person would have. In English law, it is sufficient that beliefs in imminence and necessity are genuinely held; but the reasonableness of so believing is given an evidential role in establishing the genuineness of the beliefs. There is, of course, much contention over (...) how to spell out when, and in virtue of what, such beliefs are reasonable. In this chapter, we identify some distinctive issues that arise when we consider that implicit racial bias might be implicated in the beliefs in imminence and necessity. Considering two prominent interpretations of the reasonable person standard, we argue that neither is acceptable. On one interpretation, we risk unfairness to the defendant-who may non-culpably harbour bias. On another, the standard embeds racist stereotypes. Whilst there are formulations of the defence that may serve to mitigate these problems, we argue that they cannot be avoided in the presence of racist social structures. (shrink)

Substantive accounts of autonomy place value constraints on the objects of autonomous choice. According to such views, not all sober and competent choices can be autonomous: some things simply cannot be autonomously chosen. Such an account is developed and appealed to, by Thomas Hill Jr, in order to explain the intuitively troubling nature of choices for deferential roles. Such choices are not consistent with the value of self-respect, it is claimed. In this paper I argue that Hill's attempt to explain (...) the problem with such a choice, and Marcia Baron's interpretation and defence of his view, fail in this task. The troubling nature of some choices for deference cannot be explained in terms of a substantive self-respect condition for autonomy. (shrink)

I here focus on two debates about the conditions for self-governance. In one, the metaphysical debate, theorists are concerned with the potential threat that causal determinism poses to self-governance. In another, the relational debate, theorists are concerned with the potential threat that certain social conditions—especially those that are oppressive to certain social groups—pose to self-governance. MacKenzie and Stoljar have suggested (2000) that the concerns of these two debates do not intersect. In this chapter, I draw out the connections between the (...) two debates, arguing that certain views in the relational debate are in tension with certain commitments in the metaphysical debate. I look at a relational condition for autonomous agency from Paul Benson (1994), extrapolate from the cases discussed by Langton (1993) in the literature on speech acts some relational conditions for autonomous action, and examine the formulation of relational conditions for autonomous choice (Stoljar 2000). I argue that each of these views sits in tension with positions in the metaphysical debate (hard determinism, libertarianism, and (more broadly) incompatibilism, respectively). Thus the concerns of the two debates do intersect. Moreover, if these tensions cannot be resolved, then the relational debate brings to bear important considerations in assessing the plausibility of the views in the metaphysical debate. (shrink)

In recent years, the concept of “integrity” has been frequently discussed by scholars, and deployed by courts, in the domain of criminal procedure. In this paper, we are particularly concerned with how the concept has been employed in relation to the problem of the admissibility of evidence obtained improperly. In conceptualising and addressing this problem, the advocates of integrity rely on it as a standard of conduct for the criminal justice authorities and as a necessary condition for the state authority (...) to condemn and punish. We raise a series of challenges that need answering before integrity can perform these roles. Our aim is not to show that integrity is useless in normative theorising about the admissibility of evidence, and about the criminal process in general. Rather, it is to give guidance for the elaboration of a theory of integrity that is cogent, coherent, and has useful implications for the process of proof. (shrink)

It is usually appropriate for adults to make significant decisions, such as about what kinds of medical treatment to undergo, for themselves. But sometimes impairments are suffered - either temporary or permanent - which render an individual unable to make such decisions. The Mental Capacity Act 2005 sets out the conditions under which it is appropriate to regard an individual as lacking the capacity to make a particular decision (and when provisions should be made for a decision on their behalf). (...) -/- To what extent does having capacity require the endorsement of certain values? Drawing on Owens et al (2009), I assess the extent to which understanding relevant information and weighing it in coming to a decision requires certain evaluative commitments. With reference to literature on anorexia nervosa and decisions informed by religious beliefs, I argue that it is difficult to avoid the conclusion that the conditions for capacity are value-laden, and that if this is so it is important to open discussion about which patterns of distorted valuing undermine capacity, and why. (shrink)

The claim that policing practice in the UK is institutionally racist was widely accepted after the Macpherson Report at the end of last century. The report included the idea that there may be widespread ‘unwitting prejudice' that led to racially discriminatory practice. The recent findings of empirical psychology, about implicit racial biases, provide a framework for better understanding this part of institutional racism. Understanding the workings of implicit racial bias helps us to see the implications for the kinds of steps (...) needed to combat racial discrimination in policing and in the criminal justice system more broadly. (shrink)

In this introduction, we acquaint readers with a selection of work coming out of the "Bias in Context" conference series, which ran from 2016 to 2017. Featured authors in the symposium include Gabriella Beckles-Raymond (writing about bad faith and implicit bias explanations), Daniel Kelly and Lacey Davidson (writing about gender norms and the internalization of social structures), and Alex Madva (writing about solutions to racial integration and an empirical mindset). We sketch the larger themes of the conference, as well as (...) how these three pieces of work fit into them. (shrink)

Metaethical questions concern the nature of morality: are there moral properties, and, if so, what kind of thing are they? How do they motivate us? How should we understand moral discourse, and how can we gain moral knowledge?

What must the world be like, and what must we agents be like, in order to be morally responsible for our actions? In Making Sense of Freedom and Responsibility, Dana Nelkin develops and defends what she dubs the ‘rational abilities’ view (RA) of moral responsibility. On this compatibilist view, an agent is morally responsible for an action, in a sense which makes it appropriate to hold her accountable for that action, if she has ‘the ability to do the right thing (...) for the right reasons, or a good thing for good reasons’ (7). The most distinctive features of Nelkin’s view are that (i) the conditions for moral responsibility are asymmetric, (ii) those conditions are compatibilist, that is, consistent with a deterministic world, (iii) in which causal relations hold between substances (rather than events) some of which are agents. An agent exercises her rational abilities when she is determined by her nature to act for certain reasons. (shrink)

Can implicit biases be properly thought of as epistemic vices? I start by sketching the contours of implicit biases (1), and then turn to the recent claim, from Cassam, that implicit biases are epistemic vices (2). However, I argue that concerns about the stability of implicit biases and their role in producing behavior make for difficulties in establishing that implicit biases of individuals are epistemic vices (3). I then consider a recently developed model which prompts us to consider implicit biases (...) as properties of groups (4). This raises the question of whether implicit biases might constitute collective epistemic vice. I suggest that there is a way to make sense of this claim, but it requires rethinking how we conceptualise collective epistemic vice (5). These re-conceptualisations can be independently motivated. I close by marshalling some considerations in favour of using the terminology of vice to capture these defects of collective epistemic practice (6). (shrink)

It is customary to remark, in writings on retributivism, that the meaning of the term is so diffuse and variably applied that there is no one concept or justificatory principle picked out by the term. Cottingham identified 9 different ideas captured by the term retributivism, and a similar paper could today no doubt identify as many again. This edited volume of essays on retributivism does justice to that customary remark, by bringing together a range of writings on retributivism many of (...) which present quite different ways of construing the core of retributivist thinking, the virtues of it, and its role in criminal justice.The book is organised around three themes: the first part entitled ‘Conceptualizing Retributivism’, the second ‘Philosophical Perspectives on Retributivism’, and the third ‘Retributivism and Policy’. In the following I provide an overview of the chapters, before making some general remarks on the emerging themes of the edited collec .. (shrink)

One of the lines of investigation opened up by Wallace in The View from Here concerns the notion of regret: what it is, what it is rationally constrained by, and what are the proper objects of regret. A distinctive feature of Wallace's view is that regret is an intention-like state, which, whilst backward-looking, is bound up with our future directed practices of value. In this commentary, I set out Wallace's claims on regret, its rational constraints, and its objects, and raise (...) some worries about Wallace's position on each of these three issues. (shrink)