An important strand in the debate on abortion focuses on the moral status of fetuses. Knowledge of the moral value of fetuses is needed to assess fetuses’ moral status. As Errol Lord argues, acquaintance plays a key role in moral and aesthetic knowledge. Many pregnant persons have acquaintance with their fetus that provides privileged access to knowledge about that fetus’ moral value. This knowledge is (a) very difficult to acquire without being pregnant and (b) relevant for assessing the moral status (...) of fetuses. This has implications for public debate on abortion and the research methods of philosophers working on abortion. (shrink)

The companion piece to this article, “Situating Moral Justification,” challenges the idea that moral epistemology's mission is to establish a single, all-purpose reasoning strategy for moral justification because no reasoning practice can be expected to deliver authoritative moral conclusions in all social contexts. The present article argues that rethinking the mission of moral epistemology requires rethinking its method as well. Philosophers cannot learn which reasoning practices are suitable to use in particular contexts exclusively by exploring logical relations among concepts. Instead, (...) in order to understand which reasoning practices are capable of justifying moral claims in different types of contexts, we need to study empirically the relationships between reasoning practices and the contexts in which they are used. The article proposes that philosophers investigate case studies of real-world moral disputes in which people lack shared cultural assumptions and/or are unequal in social power. It motivates and explains the proposed case study method and illustrates the philosophical value of this method through a case study. (shrink)

While I agree with Punzo's central thesis that virtue ethics is superior to Kantian ethics, the aims of my comments are twofold. On the one hand, I draw attention to some ways in which Punzo overstates the case against Kantian ethics, noting that unattainable ideals as such are no mark against a moral theory. On the other, I build upon Punzo's insights in order to bring into sharper focus the superiority of virtue ethics. Accordingly, I distinguish between inter-species (Kantian ethics) (...) and intra-species (virtue ethics) morality, maintaining that the former, unlike the latter, invariably proves too wide of the mark. (shrink)

We contest each other's memory claims all the time. I am concerned with how the contesting of memory claims and narratives may be an integral part of many abusive situations. I use the writings of Otto Weininger and the False Memory Syndrome Foundation to explore a particular strategy of discrediting women as rememberers, making them more vulnerable to sexual harm. This strategy relies on the presentation of women as unable to maintain a stable enough sense of self or identity to (...) be trustworthy testifiers to their own harm. (shrink)

Testimony of oppression is testimony that something constitutes or contributes to a form of oppression, such as, for example, “The stranger’s comment was sexist.” Testimony of oppression that is given by members of the relevant oppressed group has the potential to play an important role in fostering a shared understanding of oppression. Yet, it is frequently dismissed out of hand. Against the background of a recent debate on moral testimony, this paper discusses the following question: How should privileged hearers approach (...) testimony of oppression if they aim to do so in an ethically and epistemically sound way? Should they defer or try to understand? Both strategies constitute ways of learning from testimony of oppression. However, they differ in important respects and exclude each other. Because testimony of oppression is often based on personal experience, empathizing with the speaker can play an important role in trying to understand testimony of oppression. While the fact that empathy can change your mind and the advantages of understanding over knowledge support trying to understand as the right approach to testimony of oppression, considerations of the “limits of empathy” and the value of deference support deferring. I argue that, on balance, these contrasting arguments allow for a limited defense of the role of empathy in learning from testimony of oppression. We should try to understand testimony of oppression by empathizing with the speaker, but not treat our ability to understand as a condition on accepting a speaker’s claim. (shrink)

In this paper we argue that moral deference is prima facie obligatory in cases in which the testifier is a member of a marginalized social group that the receiver is not and testifies about their marginalized experience. We distinguish between two types of deference: epistemic deference, which refers to believing p in virtue of trusting the testifier, and actional deference, which involves acting appropriately in response to the testimony given. The prima facie duty we propose applies to both epistemic and (...) actional deference, though defeaters may quash either or both obligations. Even if one fails to epistemically defer to the marginalized testifier, we argue that they may still be ethically obligated to act in accordance with their testimony. (shrink)

Is it ever aesthetically permissible to engage in acts of cultural appropriation? This paper shows how recent work on aesthetic normativity can help answer this question. Drawing on the work of Lopes and McGonigal, I argue that in many cases those who engage in cultural appropriation act against their aesthetic reasons. Lopes and McGonigal advocate for externalist accounts of aesthetic reasons according to which whether or not an agent has an aesthetic reason to act depends on whether or not their (...) action will be an aesthetic achievement. Employing this framework, I argue that insofar as acts of cultural appropriation are seldom aesthetic achievements, many agents who engage in culturally appropriative aesthetic activities act against their aesthetic reasons. (shrink)

In their 1969 so-called White Paper on Indian Policy,Pierre Trudeau's government argued that it was time to abolish the group-specific rights differentiating Aboriginal people from other Canadians, including, in some Aboriginal societies, the group-specific right to restrict voting, residency, public office, and other social goods, to their Aboriginal members. Given the negative impact the loss of such so-called collective or group rights would have on the security of their cultures, Aboriginal people were incensed, and, consequently, the federal liberals backed down. (...) More recently, Gordon Campbell maintained as a 1996 election promise that, were his provincial liberal party to be elected in British Columbia, he would oppose group-specific rights for Aboriginal people in British Columbia. Both Trudeau and Campbell argued that it is wrong for Aboriginal people to have group-specific rights by appeal to the idea that such collective rights are discriminatory because they assign opportunities to individuals on the basis of culture or race. Political elites are not alone in thinking that collective rights override individual rights. In fact, it has become a national motif that Section 15 of the Canadian Charter, which makes it illegal to discriminate on the grounds that citizens are to be guaranteed equal protection of the law, is incompatible with group-specific rights for Aboriginal people. (shrink)

This essay examines the capacity of language (‘word’) to convey what there is (‘world’). It draws on philosophical thought, which it seeks to apply to law while making specific reference to comparative legal studies, that is, to the investigation of law that is foreign to its interpreter.

‘This class is so [insert expletive] depressing.’ I overheard a student communicating this to a friend upon exiting one of my ethics courses and I wondered how my classes could generate a sense of empowerment rather than depression, a sense of hope rather than despair. Drawing from David Hume's and Martin Hoffman's work on the psychology of empathy and sympathy, I contend that dominant Western philosophical pedagogy is inadequate for facilitating morally empowered students. Moreover, I stipulate that an adequate analysis (...) of the role emotion should play in pedagogy requires tending to the politics of emotional expression and how oppression functions. I argue that ethical educators have a moral responsibility to facilitate not only critical moral thinking but critical moral agency. Part of ethical education should involve the provision of tools for effective citizen engagement, and reasoning alone is insufficient for this goal. The role of emotion in ethical decision-making and action remains devalued and u.. (shrink)

Many philosophers endorse the ideal of justice yet disagree radically over what that ideal requires. One persistent problem for thinking about justice is that the unjust social arrangements that originally motivated our questions may also distort our thinking about possible answers. This paper suggests some strategies for improving our thinking about justice in the unjust meantime. As our world becomes more just, we may expect our thinking about justice to improve.

This is the first of two companion articles drawn from a larger project, provisionally entitled Undisciplining Moral Epistemology. The overall goal is to understand how moral claims may be rationally justified in a world characterized by cultural diversity and social inequality. To show why a new approach to moral justification is needed, it is argued that several currently influential philosophical accounts of moral justification lend themselves to rationalizing the moral claims of those with more social power. The present article explains (...) how discourse ethics is flawed just in this way. The article begins by identifying several conditions of adequacy for assessing reasoning practices designed to achieve moral justification and shows that, when used in contexts of cultural diversity and social inequality, discourse ethics fails these conditions. It goes on to argue that the failure of discourse ethics is rooted in its reliance on a broader conception of moral epistemology that is invidiously idealized. It concludes by pointing to the need to rethink both the mission and the method of moral epistemology. (shrink)

Following Le Pen's relative successin the French presidential vote and the BritishNational Party's historic return in our own2002 local elections, the article considers theprospects for the production of morecommunicative race relations in contemporaryBritain. To this end we reassess the media'streatment of the Stephen Lawrence case andexplore the political logic of the Macphersonreport, the policy document which followed theapparent miscarriage of justice that allowedLawrence's alleged killers to walk free. Interms of our analysis of the media we areconcerned to show how the (...) real of Britain'sordinary racism was hidden behind an ideologyof multiculturalism that scapegoated singularindividuals to cover for the structuralinequalities of wider society. The article aimsto show how the media upheld the notion ofobjective justice that institutional law wasapparently unable to secure. But while the media supported the ideology ofthe law, its exposure of the failings ofinstitutional law also led to calls for legalreform to guarantee the realisation ofinstitutional justice. Although we accept thatthe attempt to achieve legal totality isimpossible, our argument is that the critiqueof legal objectivity, which takes in subjectiverights claims, may present the possibility forthe realisation of a novel, inclusive, model ofrace relations. That is to say that althoughthe media supports the ideology of the law, thefact that this support requires a critique ofpractical law forces the law to modernisearound the idealistic demands of its ownideological structure. Akin toDouzinas,1 who has argued for theendless expansion of rights as post-modernutopianism, we believe that this process ofmodernisation, which is arranged to maintainthe status quo through minimal reform, is thecondition of possibility of a more inclusivesystem of race relations. (shrink)

The aim of this article is to establish—and explore—James Baldwin’s significance for educational theory. Through a close reading of ‘Everybody’s Protest Novel’, I show that Baldwin’s thinking is an important precursor to the work of Stanley Cavell and Cora Diamond, and is relevant to a number of problems that are educationally significant, in particular problems of race and racism.

This paper examines the possibility of friendship across differences in Richard Wright’s Native Son by examining the protagonist’s relationship to three pivotal white characters in the text. Through the application to Native Son of a theory of friendship I cull from Heidegger’s discussion of care in Being and Time, I offer a model for relationships whereby radically different individuals may approach each other across and in spite of differences. In putting Heidegger and Wright into dialogue I both shed light on (...) the intricacies of inter-subjective relations depicted by Wright as well as give depth to an obscure passage regarding inter-subjective relations in Heidegger’s Being and Time. (shrink)

In this paper, I defend the existence of a moral duty to disobey the law and engage in civil disobedience on the basis of one of the grounds of political obligation—the Samaritan duty. Christopher H. Wellman has recently offered a ‘Samaritan account’ of state legitimacy and political obligation, according to which the state is justified in coercing each citizen in order to rescue all from the perilous circumstances of the state of nature; and each of us is bound to obey (...) the law, as the state demands, because we each have a responsibility to help rescue others when this assistance is not unreasonably costly. Though Wellman recognizes that there can be reasons for disobeying the law and resisting injustice in otherwise legitimate states, he overlooks the possibility that at least some of these reasons could be Samaritan in nature, grounded in the duty to rescue people from peril. As I shall argue, the Samaritan duty supports obligations to disobey the law, when the law prohibits Samaritan rescues, and to engage in civil disobedience, when unjust laws and practices contribute to endangering people. The discussion proceeds as follows. After a brief overview of the Samaritan duty, I articulate my case for Samaritan duties to disobey the law, and duties to engage in civil disobedience when unjust laws, institutions, or practices enable what I call ‘persistent Samaritan perils’. I then examine and respond to several objections to my account: first, that the costs of law-breaking are unreasonable, and thus cannot be morally required; second, that individuals’ particular acts of protest and civil disobedience do not appear to make any difference to the rescue, and thus cannot be required; third, that I stretch the Samaritan duty beyond recognition; and fourth, that the Samaritan duty binds us to help people in need or peril anywhere, not particularly at home. I consider in conclusion the advantages and limits of my account of citizens’ Samaritan duties in the face of injustice. (shrink)

In this paper, I argue that the principle of fairness can license both a duty of fair play, which is used to ground a moral duty to obey the law in just or nearly just societies, and a duty of resistance to unfair and unjust social schemes. The first part of the paper analyzes fairness’ demands on participants in mutually beneficial schemes of coordination, and its implications in the face of injustice. Not only fairness does not require complying with unfair (...) and unjust social schemes, but it also prohibits benefiting from such schemes. I use the case of racial segregation in the U.S. to illustrate this latter argument, and consider some objections to my investigation, given the availability and straightforwardness of justice. The second part of the paper elaborates the argument for the duty to resist. The Radical Reform argument first establishes, by elimination of the alternatives (exit and restitution), that the principal way for citizens to cease benefiting from an unfair and unjust social scheme is to radically reform it. The Resistance Argument then shows that resistance is crucial to bring about reform, so that one ought to resist unfair and unjust schemes from which one benefits. Next, I offer two arguments for collective resistance and political solidarity, one based on empirical considerations and the other based on fairness. Finally, I consider the costs of the resistance efforts which fairness may require. (shrink)

Society typically shows conscientious objectors more deference than civil disobedients, on the grounds that they appear more conscientious and less strategically minded than the latter. Kimberley Brownlee challenges this standard picture in Conscience and Conviction: The Case for Civil Disobedience, where she claims that civil disobedience is more conscientious than conscientious objection, in virtue of its communicativeness. Brownlee conceives of conscientious conviction as necessarily communicative, and distinguishes it from ‘conscience’—the set of practical moral skills involved in adequately responding to complex (...) situations. This review article argues that Brownlee’s account of conviction is too narrow, as it excludes many core beliefs which we would want to classify as convictions although they violate one or more of the criteria of communicativeness, while her account of conscience is incomplete, because it ignores some of the persistent obstacles for the development of conscience produced by structural injustice. The article identifies these obstacles and offers some strategies for protecting against them, namely, vigilance, self-scrutiny, empathy and collaborative ambivalence. (shrink)

A moral theory T is esoteric if and only if T is true but there are some individuals who, by the lights of T itself, ought not to embrace T, where to embrace T is to believe T and rely upon it in practical deliberation. Some philosophers hold that esotericism is a strong, perhaps even decisive, reason to reject a moral theory. However, proponents of this objection have often supposed its force is obvious and have said little to articulate it. (...) I defend a version of this objection—namely, that, in light of the strongly first-personal epistemology of benefit and burden, esoteric theories fail to justify the allocation of benefits and burdens to which moral agents would be subject under such theories. Because of the holistic nature of moral-theory justification, this conclusion in turn implies that the entirety of a moral theory must be open to public scrutiny in order for the theory to be justified. I conclude by answering several objections to my account of the esotericism objection. (shrink)

We contest each other's memory claims all the time. I am concerned with how the contesting of memory claims and narratives may be an integral part of many abusive situations. I use the writings of Otto Weininger and the False Memory Syndrome Foundation to explore a particular strategy of discrediting women as rememberers, making them more vulnerable to sexual harm. This strategy relies on the presentation of women as unable to maintain a stable enough sense of self or identity to (...) be trustworthy testifiers to their own harm. (shrink)

We contest each other's memory claims all the time. I am concerned with how the contesting of memory claims and narratives may be an integral part of many abusive situations. I use the writings of Otto Weininger and the False Memory Syndrome Foundation to explore a particular strategy of discrediting women as rememberers, making them more vulnerable to sexual harm. This strategy relies on the presentation of women as unable to maintain a stable enough sense of self or identity to (...) be trustworthy testifiers to their own harm. (shrink)

: How much power does emotional dismissal have over the oppressed's ability to trust outlaw emotions, or to stand for such emotions before others? I discuss Sue Campbell 's view of the interpretation of emotion in light of the political significance of emotional dismissal. In response, I suggest that feminist conventions of interpretation developed within dialogical communities are best suited to providing resources for expressing, interpreting, defining, and reflecting on our emotions.

This article explores the notion of the dislocated self following deep brain stimulation (DBS) and concludes that when personal identity is understood in dynamic, narrative, and relational terms, the claim that DBS is a threat to personal identity is deeply problematic. While DBS may result in profound changes in behaviour, mood and cognition (characteristics closely linked to personality), it is not helpful to characterize DBS as threatening to personal identity insofar as this claim is either false, misdirected or trivially true. (...) The claim is false insofar as it misunderstands the dynamic nature of identity formation. The claim is misdirected at DBS insofar as the real threat to personal identity is the discriminatory attitudes of others towards persons with motor and other disabilities. The claim is trivially true insofar as any dramatic event or experience integrated into one’s identity-constituting narrative could then potentially be described as threatening. From the perspective of relational personal identity, when DBS dramatically disrupts the narrative flow, this disruption is best examined through the lens of agency. For illustrative purposes, the focus is on DBS for the treatment of Parkinson’s disease. (shrink)

This is the first of two companion articles drawn from a larger project, provisionally entitled Undisciplining Moral Epistemology. The overall goal is to understand how moral claims may be rationally justified in a world characterized by cultural diversity and social inequality. To show why a new approach to moral justification is needed, it is argued that several currently influential philosophical accounts of moral justification lend themselves to rationalizing the moral claims of those with more social power. The present article explains (...) how discourse ethics is flawed just in this way. The article begins by identifying several conditions of adequacy for assessing reasoning practices designed to achieve moral justification and shows that, when used in contexts of cultural diversity and social inequality, discourse ethics fails these conditions. It goes on to argue that the failure of discourse ethics is rooted in its reliance on a broader conception of moral epistemology that is invidiously idealized. It concludes by pointing to the need to rethink both the mission and the method of moral epistemology. (shrink)

This dissertation offers a robust philosophical examination of a phenomenon that is morally, socially, and politically significant – microaggressions. Microaggressions are understood to be brief and routine verbal, behavioral, or environmental indignities that, whether intentional or unintentional, convey hostility toward or bias against members of marginalized groups. Microaggressions are rooted in stereotypes and/or bias (whether implicit or explicit) and are connected to broader systems of oppression. Microaggressions are philosophically interesting, since they involve significant ambiguity, questions about speech and communication, and (...) the ability for our speech to encode and transmit bits of meaning. Microaggressions prompt reflection about the nature of blameworthiness and responsibility, especially for unintended acts and harms. They involve questions about how we perceive and treat one another, and whether or not people are treated as true equals in our social and political worlds. For all of these reasons, microaggressions are a critical area in need of philosophical reflection, specifically reflection in feminist philosophy, philosophy of language, moral philosophy, and social and political philosophy. This dissertation seeks to advance the philosophy of microaggressions through three distinct aims: a conceptual aim (chapters 2 and 3), an epistemological aim (chapters 1 and 2), and a moral aim (chapters 4 and 5). The conceptual aim involves clarifying how we should understand and categorize microaggressions. The epistemological aim involves identifying some of the epistemological assumptions undergirding discussions of microaggressions in the literature, including assumptions made by critics of microaggression theory, and arguing for an alternative epistemological framework for theorizing about microaggressions. The moral aim involves better understanding the harms of microaggressions, including their role in reinforcing structures of oppression and unjust social hierarchy. Taken together, these chapters make some progress on the conceptual, epistemological, and moral questions that microaggressions generate, and which philosophers have not yet adequately analyzed. It thus offers a meaningful contribution to the conversations philosophers are beginning to have about the morally and politically salient phenomenon of microaggressions. (shrink)

This dissertation attempts to preserve the central tenets of a global moral theory called “the capabilities approach” as defended by Martha Nussbaum, but to do so in a way that better realizes its own goals of identifying gender injustices and gaining cross-cultural support by providing an alternative defense of it. Capabilities assess an individual’s well-being based on what she is able to do (actions) and who she is able to be (states of existence). Nussbaum grounds her theory in the intuitive (...) idea that each and every person is worthy of equal respect and dignity. The problem with grounding a theory in a version of intuitionism is that it runs the risk of authoritarian moral reasoning. I argue Nussbaum, in fact, is the final arbiter who decides which intuitions are mistaken, which are not, and how to interpret what people say to fit into her own framework. This method of justifying capabilities is most problematic in cases of social inequality whereby dominant group members do not feel they need to check their intuitions against non-dominant group members, and even if they did, they are not forced to take the non-dominant group’s intuitions seriously. I find capabilities as a global moral theory to be very promising, and I agree with Nussbaum that a list of capabilities is beneficial for identifying people who are not able to live a truly dignified human life. However, I am also sympathetic to the criticism of defending capabilities using a version of intuitionism. So, I offer an alternative method of justifying the capabilities rooted in the discourse ethics tradition. This method seeks all persons that are affected by the outcome to freely and equally share their opinion. This avoids the charge of authoritarian moral reasoning, because (1) it seeks perspectives other than simply one’s own, but unlike traditional ethics, it (2) pays special attention to the ways in which power relations shape dialogue. Ultimately, I hope to have preserved the central tenets of the capabilities approach while better realizing Nussbaum’s commitment to defending a theory that is gender sensitive and has gained cross-cultural support. (shrink)

The categorical denial of third-party forgiveness represents an overly individualistic approach to moral repair. Such an approach fails to acknowledge the important roles played by witnesses, bystanders, beneficiaries, and others who stand in solidarity to the primary victim and perpetrator. In this paper, I argue that the prerogative to forgive or withhold forgiveness is not universal, but neither is it restricted to victims alone. Not only can we make moral sense of some third-party acts and utterances of the form, “I (...) can or cannot forgive…” but also, we ought to recognize them as legitimate instances of third party forgiveness. Concern for the primary victim’s autonomy tends to exaggerate a need for moral deference, while ignoring how others are called upon to support and mediate for victims of violence and oppression. I advocate a cautious extension of the victim’s prerogative to forgive, one that grounds forgiveness in a double relation of sympathetic identification and attentive care. Following Jean Harvey’s recent work, I call this relationship moral solidarity. Furthermore, I argue, there are important moral and political reasons to acknowledge third party forgiveness; these reasons are particularly evident in contexts of oppression. In fact, third party refusals to forgive may have particular moral significance. In situations of abuse, oppression and damaged self-respect, third party refusals may protect the agency of victims who too easily forgive. (shrink)

In “Epistemic Exploitation,” Nora Berenstain argues that an epistemic injustice of epistemic exploitation occurs “when privileged persons compel marginalized persons to educate them about the nature of their oppression”. While Berenstain accurately identifies norms of inquiry that ought to be avoided, her account ultimately establishes more barriers to the project of resisting oppression than it removes, necessitating the development of an alternative normative framework. Rejecting her account, I develop a normative model of inquiry through the isolation of a yet unidentified (...) epistemic injustice: epistemic entrapment. I argue that the normative directives entailed by my account of epistemic entrapment mitigate the harmful norms of inquiry Berenstain identifies without establishing further barriers to the project of resisting oppression. Finally, I argue that marginalized individuals have a limited obligation to respond to inquiry into the conditions of their oppression. (shrink)

In my thesis, I consider Jean Harvey’s account of moral solidarity. Harvey claims that solidarity only occurs between people who share a personal relationship. I raise a concern regarding the limited scope of Harvey’s account of moral solidarity. I challenge the view that one cannot extend the concerns they have for a friend experiencing injustice to a stranger who is also experiencing the same injustice. In order to address this concern and defend Harvey’s account of solidarity, I offer a friendly (...) amendment to her account. By drawing on Samuel Scheffler’s account of relational egalitarianism, and in light of the relationships citizens may share with one another, I expand the types of relationships that should be considered solidarity under an account such as Harvey’s My account thus defends a more expansive view of solidarity than that of Harvey. (shrink)

Can one have imaginative access to experiential perspectives vastly different from one’s own? Can one successfully imagine what it’s like to live a life very different from one’s own? These questions are particularly pressing in contemporary society as we try to bridge racial, ethnic, and gender divides. Yet philosophers have often expressed considerable pessimism in this regard. It is often thought that the gulf between vastly different experiential perspectives cannot be bridged. This chapter explores the case for this pessimism. Though (...) the case is often less implicit, the chapter identifies two different arguments that can be found in the literature: the Epistemic Arrogance argument and the Too Big a Gulf argument. Both arguments are found to be considerably weaker than is usually thought. But even if the case for pessimism is unsuccessful, discussion of that case suggests the importance of treading carefully in taking up imaginative explorations of different experiential perspectives. The chapter thus concludes with a cautionary note in this regard. (shrink)

This Thesis reconsiders the prospects for an approach to global justice centring on the proposal that every human being should possess a certain bundle of goods, which would include certain members of a distinctive category: the category of capabilities. My overall aim is to present a clarified and well-developed framework, within which such claims can be made. To do this, I visit a number of regions of normative and metanormative theorising. I begin by introducing the motivations for the capability approach, (...) and clarifying some of its most distinctive features. Next, I focus on Martha Nussbaum's version of the approach, and identify several problems therein. The most important concerns epistemology, and especially the challenges that constructivist theories pose. The middle part of the Thesis presents an alternative, based on the work of John McDowell, which I argue has superior prospects. Then, I turn to two further problems: that of making sense of the universalistic aspirations of cosmopolitanism, and that of integrating the microscopic prescriptions of ethics with the macroscopic analyses of political philosophy. Using the Aristotelian interpretation of its core framework that I have developed, I conclude that the capability approach can provide compelling answers to important questions about global justice. (shrink)