The extent to which English law remedies injury to autonomy as a stand-alone actionable damage in negligence is disputed. In this article I argue that the remedy available is not only partial and inconsistent but also gendered and discriminatory against women. I first situate the argument within the broader feminist critique of tort law as failing to appropriately remedy gendered harms, and of law more broadly as undervaluing women’s interest in reproductive autonomy. I then show by reference to English remedies (...) law’s first principles how imposed motherhood cases—Rees v Darlington and its predecessor McFarlane v Tayside Health Board—result in gender injustice when compared with other autonomy cases such as Chester v Afshar and Yearworth v North Bristol NHS Trust: A minor gender-neutral ITA is better remedied than the significant gendered harm of imposing motherhood on the claimant; men’s reproductive autonomy is protected to a greater extent than women’s; women’s reproductive autonomy is protected by an exceptional, derisory award. Worst of all, courts refuse to recognise imposed motherhood as detriment; and the deemed, mansplained, nonpecuniary joys of motherhood are used to offset pecuniary upkeep costs, forcing the claimant into a position she sought to avoid and thus further undermining her autonomy. The recent Singaporean case ACB v Thomson Medical Pte Ltd, awarding compensation for undermining the claimant’s genetic affinity in an IVF wrong-sperm-mix-up demonstrates some improvement in comparison to English law, and some shared gender injustices in the context of reproductive autonomy. ACB’s analysis is oblivious to the nature of reproductive autonomy harm as gendered; and prioritises the father’s interest in having genetic affinity with the baby over a woman’s interest in not having motherhood imposed upon her. (shrink)

I argue that changes in the numerical identity of groups do not necessarily speak in favour of the supersession of some historical injustice. I contend that the correlativity between the perpetrator and the victim of injustices is not broken when the identity of groups changes. I develop this argument by considering indigenous people's claims in Argentina for the injustices suffered during the Conquest of the Desert. I argue that present claimants do not need to be part of the same (...) entity whose members suffered injustices many years ago. For identifying the proper recipients of reparation, all that is necessary is that the group who suffered the historical injustice under consideration has survived into the present. I also support a view upon which present living members of a certain group have reasons to redress those injustices perpetrated by their predecessors if they are relevantly connected with each other. In particular, by relying on the notion of collective inheritance, I argue that if present-day members of a certain group claim that they are the continuation of the group whose past members bequeathed them certain goods, they cannot consistently reject such a membership when the very same people legated them certain evils. (shrink)

The moral community is a social community, and as such it is vulnerable to social problems and pathologies. In this essay I identify a particular way in which participation in the moral community can be constrained by social factors. I argue that features of the social world—including power imbalances, oppression, intergroup conflict, communication barriers, and stereotyping—can make it nearly impossible for some members of the moral community to hold others responsible for wrongdoing. Specifically, social circumstances prevent some marginalized people from (...) engaging in what Stephen Darwall calls “felicitous moral address” (Darwall 2006). We should think of some members of the moral community as having “second-class moral citizenship” in ways that parallel second-class political citizenship. The injustice of second-class moral citizenship can be understood by drawing an analogy with Miranda Fricker’s notion of “epistemic injustice” (Fricker 2007). Fricker’s account of how people can be undermined in their capacity as knowers can be extended to show how people can be undermined in their capacity as makers of moral claims, which can be called “claimant injustice”. (shrink)

This paper examines a particularly egregious example of a NIMBY claim and considers three proposals for explaining what about that claim might be ethically problematic: The NIMBY claimant is being selfish or self-serving; The NIMBY claim cannot be morally justified, because respecting everyone's NIMBY claims leaves communities worse off; and if policymakers were to defer to people's NIMBY claims, they would end up perpetuating environmental injustices. We argue that these proposals fail to explain why there is anything wrong with (...) the NIMBY claim per se. (shrink)

Since the Restitution of Land Rights Act 22 of 1994 came into operation, courts have come to attach considerable significance to historian expert testimony when ruling on land claims that made it to court. Therefore, a universal approach had to be adopted. Over the years the Supreme Court of Appeal and Constitutional Court have developed tried and tested methodologies to aid the courts in determining the weight and admissibility of a witness' testimony. In the Salem Commonage case, both the Land (...) Claims Court and the majority of the Supreme Court of Appeal deviated from these precedents by adopting arguably a broader interpretation of the Act than intended. The case is unique in the sense that the dispute involves a commonage that was subdivided via a court order in 1940, resulting in the removal of the remaining black African population from that land. The question therefore was whether or not this group of people fulfilled the requirements for a valid claim as set out in the Act. The Land Claims Court and Supreme Court of Appeal felt that it had. The landowners applied for leave to appeal to the Constitutional Court. The application was granted, but in his judgment, Edwin Cameron agreed with the rationale of both courts, and held that there was a valid claim. This was despite the fact that the testimony of the claimants' 'star witness', Msile Nondzube, was heavily criticised by the landowners as well as a Supreme Court of Appeal judge. The Constitutional Court emphasised that the Act was an extraordinary piece of legislation and had to be interpreted in such a way so as to address the injustices of the past. This included provisions of the Act which dealt with how oral and expert evidence would be dealt with. (shrink)

This essay provides readers with a critical analysis of the ethnographic sciences and the psychological warfare used by the British and Kenyan colonial regimes during the suppression of the Mau Mau rebellion. In recent years, several survivors of several detention camps set up for Mau Mau suspects during the 1950s have brought cases in British courts, seeking apologies and funds to help those who argue about systematic abuse during the times of “emergency.” The author illustrates that the difficulties confronting Ndiku (...) Mutua and other claimants stem from the historical and contemporary resonance of characterizations of the Mau Mau as devilish figures with deranged minds. The author also argues that while many journalists today have commented on the recovery of “lost” colonial archives and the denials of former colonial administrators, what gets forgotten are the polysemic ways that Carothers, Leakey, and other social agents co-produced all of these pejorative characterizations. Kenyan settlers, administrators, novelists, filmmakers and journalists have helped circulate the commentaries on the “Mau Mau” mind that continue to influence contemporary debates about past injustices. (shrink)

Governments today often apologize for past injustices and scholars increasingly debate the issue, with many calling for apologies and reparations. Others suggest that what matters are victims of injustice today, not injustices in the past. Spinner-Halev argues that the problem facing some peoples is not just the injustice of the past, but that they still suffer from injustice today. They experience what he calls enduring injustices, and it is likely that these will persist without action to address (...) them. The history of these injustices matters, not as a way to assign responsibility or because we need to remember more, but in order to understand the nature of the injustice and to help us think of possible ways to overcome it. Suggesting that enduring injustices fall outside the framework of liberal theory, Spinner-Halev spells out the implications of arguments for conceptions of liberal justice and progress, reparations, apologies, state legitimacy and post-nationalism. (shrink)

This article develops a new approach for theorizing about hermeneutical injustice. According to a dominant view, hermeneutical injustice results from a hermeneutical gap: one lacks the conceptual tools needed to make sense of, or to communicate, important social experience, where this lack is a result of an injustice in the background social methods used to determine hermeneutical resources. I argue that this approach is incomplete. It fails to capture an important species of hermeneutical injustice which doesn’t (...) result from a lack of hermeneutical resources, but from the overabundance of distorting and oppressive concepts which function to crowd-out, defeat, or preempt the application of a more accurate hermeneutical resource. I propose a broader analysis that better respects the dynamic relationship between hermeneutical resources and the social and political contexts in which they are implemented. (shrink)

In this article we develop a taxonomy of emotional injustice: what occurs when the treatment of emotions is unjust, or emotions are used to treat people unjustly. After providing an overview of previous work on this topic and drawing inspiration from the more developed area of epistemic injustice, we propose working definitions of ‘emotion’, ‘injustice’, and ‘emotional injustice’. We describe seven classes of emotional injustice: Emotion Misinterpretation, Discounting, Extraction, Policing, Exploitation, Inequality, and Weaponizing. We say (...) why it is useful to distinguish these and also to subsume them under a single concept. Our aims are both theoretical and practical: to provide a unified account of emotional injustice, while recognizing the diversity of this phenomenon; to facilitate further research on this topic; to recognize the political importance of emotions; and to outline some of the ways in which emotional injustice can be combated. (shrink)

Hermeneutical injustice occurs when there is a gap in the interpretive resources available to members of a society due to the marginalization of members of a social group from sense‐making practices. In this paper, I address two questions about hermeneutical injustice that are undertheorized in the recent literature: (1) what do we mean when we say that someone lacks the interpretive resources for making sense of an experience? and (2) how do marginalized individuals develop interpretive resources? In response (...) to (1), I argue that to lack interpretive resources is to lack conceptual skill or know how. In response to (2), I draw on resources from Gilbert Ryle and Andy Clark and provide a model of how marginalized individuals develop new conceptual skills by naming their shared experience and using it as a tool for scaffolding each other's conceptual performance. At the same time, I draw on the work of Gaile Pohlhaus and Kristie Dotson to show how these practices succeed only through the redistribution of epistemic power across differently situated social groups. (shrink)

This paper argues that underlying social biases are able to affect the processes underlying linguistic interpretation. The result is a series of harms systematically inflicted on marginalised speakers. It is also argued that the role of biases and stereotypes in interpretation complicates Miranda Fricker's proposed solution to epistemic injustice.

This article analyses the phenomenon of epistemic injustice within contemporary healthcare. We begin by detailing the persistent complaints patients make about their testimonial frustration and hermeneutical marginalization, and the negative impact this has on their care. We offer an epistemic analysis of this problem using Miranda Fricker's account of epistemic injustice. We detail two types of epistemic injustice, testimonial and hermeneutical, and identify the negative stereotypes and structural features of modern healthcare practices that generate them. We claim (...) that these stereotypes and structural features render ill persons especially vulnerable to these two types of epistemic injustice. We end by proposing five avenues for further work on epistemic injustice in healthcare. (shrink)

Fricker shows that virtue epistemology provides a general epistemological idiom in which these issues can be forcefully discussed.

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)

It is often argued that our obligations to address structural injustice are collective in character. But what exactly does it mean for ‘ordinary citizens’ to have collective obligations visà- vis large-scale injustice? In this paper, I propose to pay closer attention to the different kinds of collective action needed in addressing some of these structural injustices and the extent to which these are available to large, unorganised groups of people. I argue that large, dispersed and unorganised groups of (...) people are often in a position to perform distributive collective actions. As such, ordinary citizens can have massively shared obligations to address structural injustice through distributive action, but, ultimately, such obligations are ‘collective’ only in a fairly weak sense. (shrink)

This Viewpoint calls attention to the pervasive wrongs related to knowledge production, use, and circulation in global health, many of which are taken for granted. We argue that common practices in academic global health (eg, authorship practices, research partnerships, academic writing, editorial practices, sensemaking practices, and the choice of audience or research framing, questions, and methods) are peppered with epistemic wrongs that lead to or exacerbate epistemic injustice. We describe two forms of epistemic wrongs, credibility deficit and interpretive marginalisation, (...) which stem from structural exclusion of marginalised producers and recipients of knowledge. We then illustrate these forms of epistemic wrongs using examples of common practices in academic global health, and show how these wrongs are linked to the pose (or positionality) and the gaze (or audience) of producers of knowledge. The epistemic injustice framework shown in this Viewpoint can help to surface, detect, communicate, make sense of, avoid, and potentially undo unfair knowledge practices in global health that are inflicted upon people in their capacity as knowers, and as producers and recipients of knowledge, owing to structural prejudices in the processes involved in knowledge production, use, and circulation in global health. (shrink)

Epistemic injustice is a harm done to a person in their capacity as an epistemic subject by undermining her capacity to engage in epistemic practices such as giving knowledge to others or making sense of one’s experiences. It has been argued that those who suffer from medical conditions are more vulnerable to epistemic injustice than the healthy. This paper claims that people with mental disorders are even more vulnerable to epistemic injustice than those with somatic illnesses. Two (...) kinds of contributory factors for epistemic injustice in psychiatric patients are outlined: global and specific. Some suggestions are made to counteract the effects of these contributory factors, for instance we suggest that physicians should participate in groups where the subjective experience of patients is explored, and learn to become more aware of their own unconscious prejudices towards psychiatric patients. (shrink)

This paper offers an overview of the philosophical work on epistemic injustices as it relates to psychiatry. After describing the development of epistemic injustice studies, we survey the existing literature on its application to psychiatry. We describe how the concept of epistemic injustice has been taken up into a range of debates in philosophy of psychiatry, including the nature of psychiatric conditions, psychiatric practices and research, and ameliorative projects. The final section of the paper indicates future directions for (...) philosophical research of epistemic injustices and psychiatry, concerning neurocognitive disorders, identity prejudices in psychiatric illness, concepts of epistemic privilege in psychiatry, and the prospects for combining phenomenological psychopathology and epistemic justice. We argue that much remains to be done in the conceptualization of these epistemic injustices and suggest that this future work should be multidisciplinary in character and sensitive to the phenomenology of psychiatric conditions. (shrink)

In recent years, there has been significant interest in injustices that do not consist in inflicting physical or material harm on others, but operate in more subtle ways, e.g. by targeting our status as epistemic agents. In a similar fashion, this paper aims to bring to the forefront a currently overlooked kind of injustice that occurs in relation to our concepts: conceptual injustice, which is characterised by wrongful in- or exclusion from the application of a concept. The first (...) part of the paper is concerned with spelling out the notion, discussing its characteristic wrongs, and with tracing it in a number of examples. In the second part, I discuss conceptual injustice in relation to connected but different forms of injustice, such as epistemic injustice. This highlights the advantages of having the notion on hand: it enhances our understanding of other forms of injustice like hermeneutical injustice, and allows us to capture a ‘remainder of injustice’ for which we could not account otherwise. (shrink)

Why does social injustice exist? What role, if any, do implicit biases play in the perpetuation of social inequalities? Individualistic approaches to these questions explain social injustice as the result of individuals’ preferences, beliefs, and choices. For example, they explain racial injustice as the result of individuals acting on racial stereotypes and prejudices. In contrast, structural approaches explain social injustice in terms of beyond-the-individual features, including laws, institutions, city layouts, and social norms. Often these two approaches (...) are seen as competitors. Framing them as competitors suggests that only one approach can win and that the loser offers worse explanations of injustice. In this essay, we explore each approach and compare them. Using implicit bias as an example, we argue that the relationship between individualistic and structural approaches is more complicated than it may first seem. Moreover, we contend that each approach has its place in analyses of injustice and raise the possibility that they can work together—synergistically—to produce deeper explanations of social injustice. If so, the approaches may be complementary, rather than competing. (shrink)

To verify the occurrence of a singular instance of testimonial injustice three facts must be established. The first is whether the hearer in fact has an identity prejudice of which she may or may not be aware; the second is whether that prejudice was in fact the cause of the unjustified credibility deficit; and the third is whether there was in fact a credibility deficit in the testimonial exchange. These three elements constitute the facts of the matter of testimonial (...) injustice. In this essay we argue that none of these facts can be established with any degree of confidence, and therefore that testimonial injustice is an undetectable phenomenon in singular instances. Our intention is not to undermine the idea of testimonial injustice, but rather to set limits to what can be justifiably asserted about it. According to our argument, although there are insufficient reasons to identify individual acts of testimonial injustice, it is possible to recognize recurrent patterns of epistemic responses to speakers who belong to specific social groups. General testimonial injustice can thus be characterized as a behavioral tendency of a prejudiced hearer. (shrink)

The idea of social injustice is pivotal to much contemporary moral and political philosophy. Starting from a comprehensive and engaging account of the idea of social injustice, this book covers a whole range of issues, including distributive justice, exploitation, torture, moral motivations, democratic theory, voting behavior, and market socialism.

Genocide denialism is an understudied topic in the epistemic injustice scholarship; so are epistemic relations outside of the Euro-American context. This article proposes to bring the literature into contact with an underexplored topic in a ‘distant’ setting: Turkey. Here, I explore the ethical and epistemological implications of the Turkish denial of the Armenian genocide as a pervasive and systematic epistemic harm. Using an interdisciplinary methodology, I argue that a philosophical exploration of genocide denialism requires examining the role of institutions (...) and ideology in relation to the epistemic harm done by individual perpetrators. More specifically, I suggest that the individual, ideological, and institutional roots of genocide denialism constitute a regime of epistemic injustice in Turkey. (shrink)

Although previous treatments of affective injustice have identified some particular types of affective injustice, the general concept of affective injustice remains unclear. This article proposes a novel articulation of this general concept, according to which affective injustice is defined as a state in which individuals or groups are deprived of “affective goods” which are owed to them. On this basis, I sketch an approach to the philosophical investigation of affective injustice that begins by establishing which (...) affective goods are fundamental, and then considers which subsidiary goods—such as freedoms, resources, opportunities, and forms of recognition—may be necessary for the provision of those fundamental affective goods. Drawing from and developing ideas in the extant literature, I argue that two such fundamental affective goods include subjective well-being and emotional aptness. I then show that by analyzing deprivations of the subsidiary goods that enable a person to pursue and attain subjective well-being and emotional aptness, it is possible to shed new light on the cases of affective injustice that have been described in the extant literature, while also identifying other kinds of cases that have not been theorized to the same extent. (shrink)

Structural injustice broadly refers to objectionable outcomes produced by generally accepted social structures for members of particular social groups. But theorists of structural injustice have said relatively little about why certain outcomes are objectionable, and many theorists suggestively connect structural injustice to a worry about oppression without explaining their precise normative concerns. I provide a normative analysis of structural injustice that addresses this gap and clarifies its connection to oppression. On this view, there are two kinds (...) of structural injustice, each grounded in a distinct moral concern. One is a freedom-based concern for how social structures harmfully constrain members of a social group, depriving them of the means to develop and exercise their capacities. The other is an equality-based concern for how social structures subordinate a social group to others in hierarchies of power, standing, and esteem. By disentangling these concerns, this account shows that our social structures contain multiple kinds of injustice that do not necessarily travel together; some social groups experience unfreedom without being subordinated to others, and indeed their unfreedom is intertwined with their dominant position over subordinated groups. Furthermore, against prevailing philosophical accounts, this analysis shows that there are good reasons to understand oppression primarily as an issue of inequality rather than an issue of unfreedom. (shrink)

We survey several ways in which the structures and norms of medicine and healthcare can generate epistemic injustice.

Recent feminist philosophy of language has highlighted the ways that the speech of women can be unjustly impeded, because of the way their gender affects the uptake their speech receives. In this chapter, I explore how similar processes can undermine the speech of a different sort of speaker: Indigenous communities. This involves focusing on Indigeneity rather than gender as the salient social identity, and looking at the ways that group speech, rather than only individual speech, can be unjustly impeded. To (...) do this, I make use of the notion of ‘discursive injustice’ that has been developed by Quill Kukla, and, with reference to three case studies, show how discursive injustice can effectively derail the speech of Indigenous communities. (shrink)

The literature on epistemic injustice currently displays a logocentric or propositional bias that excludes people with intellectual disabilities from the scope of epistemic agency and the demands of epistemic justice. This paper develops an account of epistemic agency and injustice that is inclusive of both people with and people without intellectual disabilities. I begin by specifying the hitherto undertheorized notion of epistemic agency. I develop a broader, pluralist account of epistemic agency, which relies on a conception of knowledge (...) that accounts not only for propositional knowing, but also for other types of knowing that have been largely neglected in debates on epistemic injustice and agency. Based on this pluralist account of epistemic agency, I then show that people with intellectual disabilities qualify as epistemic agents and therefore as subjects of epistemic justice. Finally, I argue that this pluralist account of epistemic agency pushes us to revisit the current conception of epistemic injustice and to expand its taxonomy in two important ways. (shrink)

The literature on epistemic injustice has thus far confined the concept of testimonial injustice to speech expressions such as inquiring, discussing, deliberating, and, above all, telling. I propose that it is time to broaden the horizons of testimonial injustice to include a wider range of expressions. Controversially, the form of communication I have in mind is non-verbal expression. Non-verbal expression is a vital, though often overlooked, form of communication, particularly for people who have certain neurocognitive disorders. Dependency (...) upon non-verbal expression is a common feature of some forms of neurocognitive disorders such as ‘intellectual disabilities’, autism and late-stage dementia. According to the narrow definition of testimonial injustice currently championed in the literature, people who express non-verbally are exempt from testimonial injustice. However, when we consider cases where meaningful communications from non-verbal people are dismissed or ignored in virtue of identity prejudice, there seems to be a distinct testimonial harm at play. Using late-stage dementia as a case study, I argue that the definition of testimonial injustice should be expanded to include all communicative practices, whether verbal or non-verbal, to encompass the epistemic harms inflicted upon some of the most marginalised in our society. (shrink)

This article introduces the concept of epistemic positioning to theorize the relationship between identity-based epistemic judgements and the reproduction of social inequalities, including those of gender and ethnicity/race, in the academia. Acts of epistemic positioning entail the evaluation of knowledge claims based on the speaker’s stated or inferred identity. These judgements serve to limit the scope of the knowledge claim, making it more likely speakers will be denied recognition or credit. The four types of epistemic positioning – bounding (reducing a (...) knowledge claim to elements of personal identity), domaining (reducing a knowledge claim to discipline or field associated with identity), non-attribution (using the claim without recognizing the author) and appropriation (presenting the claim as one’s own) – are mutually reinforcing. Given the growing importance of visibility and recognition in the context of increasing competition and insecurity in academic employment, these practices play a role in the ability of underrepresented groups to remain in the academic profession. (shrink)

In this introduction to the special issue ‘Epistemic Injustice and Collective Wrongdoing,’ we show how the eight contributions examine the collective dimensions of epistemic injustice. First, we contextualize the articles within theories of epistemic injustice. Second, we provide an overview of the eight articles by highlighting three central topics addressed by them: i) the effects of epistemic injustice and collective wrongdoing, ii) the underlying epistemic structures in collective wrongdoing, unjust relations and unjust societies, and iii) the (...) remedies and strategies of resistance to epistemic injustice. We close by pointing to connections and issues that may motivate further research. (shrink)

In addition to opening a fertile field for inquiry in analytical social epistemology, Miranda Fricker’s work has provided powerful conceptual tools that merge descriptive capacity and political potency. For this reason, over the last fifteen years, the conceptual repertoire introduced by the author has been well received in both academic and political arenas. At times, the concepts of both testimonial and hermeneutical injustice acquire excessive dimensions in the literature, and this undermines, on the one hand, their analytical precision and, (...) on the other, their usefulness. In this paper I argue against Fricker’s structural parallelism thesis and defend an independent treatment of each of these concepts. On this basis, to counteract the hyperinflation of the concept of hermeneutic injustice, I proceed with an exercise of conceptual precision. To this end, I identify the conditions that make hermeneutic injustice both unjust and hermeneutic. Finally, I present theoretical and practical reasons to encourage the rigorous use of these concepts. (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)

We investigate how epistemic injustice can manifest itself in mathematical practices. We do this as both a social epistemological and virtue-theoretic investigation of mathematical practices. We delineate the concept both positively—we show that a certain type of folk theorem can be a source of epistemic injustice in mathematics—and negatively by exploring cases where the obstacles to participation in a mathematical practice do not amount to epistemic injustice. Having explored what epistemic injustice in mathematics can amount to, (...) we use the concept to highlight a potential danger of intellectual enculturation. (shrink)

Epistemic injustices are wrongs done concerning a person’s capacity as a knower. These actions are usually caused by prejudice and involve the distortion and neglect of certain marginalized groups’ opinions and ways of knowing. A type of epistemic injustice is hermeneutical injustice, which occurs when a person cannot effectively communicate or understand their experience, since it is excluded in scholarship, journalism, and discourse within their community. Indigenous Peoples (IPs) are especially vulnerable to hermeneutical injustice because their way (...) of life is unfamiliar or inaccessible to others. This leads to the exclusion of their ideas from public discourse, especially those important for human and societal development. This phenomenon is particularly evident in instances related to IP education. José Medina claims that there are cases of hermeneutical injustice which hinders the ability of people to share and make meaning, or simply, hermeneutical death. Ben Kotzee, on the other hand, identifies the specific educational dimension of epistemic injustice. Using both of these frameworks and citing the results of local studies on indigenous education as illustrative points, we attempt to show instances and scope of hermeneutical injustice in the education of IPs in the Philippines. (shrink)

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

Contextualist treatments of clashes of intuitions can allow that two claims, apparently in conflict, can both be true. But making true utterances is far from the only thing that matters — there are often substantive normative questions about what contextual parameters are appropriate to a given conversational situation. This paper foregrounds the importance of the social power to set contextual standards, and how it relates to injustice and oppression, introducing a phenomenon I call "contextual injustice," which has to (...) do with the unjust manipulation of conversational parameters in context-sensitive discourse. My central example applies contextualism about knowledge ascriptions to questions about knowledge regarding sexual assault allegations, but I will also discuss parallel dynamics in other examples of context-sensitive language involving politically significant terms, including gender terms. The central upshot is that the connections between language, epistemology, and social justice are very deeply interlinked. (shrink)

Much of the recent work on the nature of testimonial injustice holds that a hearer who fails to accord sufficient credibility to a speaker’s testimony, owing to identity prejudice, can thereby wrong that speaker. What is it to wrong someone in this way? This paper offers an account of the wrong at the heart of testimonial injustice that locates it in a failure of interpersonal justifiability. On the account I develop, one that draws directly from T. M. Scanlon’s (...) moral contractualist framework, a hearer who fails to accord sufficient credibility to a speaker, owing to identity prejudice, cannot justify his response to that speaker, insofar as the speaker can reasonably reject principles that would permit the hearer to prejudicially discount the speaker’s testimony. I argue that my account can better illuminate the idea, shared among many philosophers, that testimonial injustice centrally involves some kind of failure, on the hearer’s part, to appropriately recognize the speaker. In contractualist terms, this consists in a failure of mutual recognition—a failure to acknowledge the speaker as having standing to co-determine the terms on which the hearer and speaker, as epistemic agents, are to engage with each other in testimonial exchanges. (shrink)

The aim of this paper is to adapt Miranda Fricker’s concept of testimonial injustice to cases of what I call “argumentative injustice”: those cases where an arguer’s social identity brings listeners to place too much or little credibility in an argument. My recommendation is to adopt a stance of “metadistrust”—we ought to distrust our inclinations to trust or distrust members of stereotyped groups.

My aim is to argue that forgiveness may be conceived by analogy to healing. The analogy is not self-evident, but a number of subsidiary analogies will be seen to point in its direction, or so I will argue. In the course of the discussion we shall see how injustice (and wrong-doing) may be compared to physical injury (both change the state of the sufferer to the worse), and how the resentment caused by suffering injustice may be compared to (...) the physical pain caused by injury (both are aversive, action-motivating states). The analogies will be illustrated and supported by concrete examples, ultimately suggesting that, in an important sense, when we forgive, we actually heal. (shrink)

Reflection on the historical injustice suffered by many formerly colonized groups has left us with a peculiar account of their claims to material objects. One important upshot of that account, relevant to present day justice, is that many people seem to think that members of indigenous groups have special claims to the use of particular external objects by virtue of their attachment to them. In the first part of this paper I argue against that attachment-based claim. In the second (...) part I suggest that, to provide a normatively defensible account of why sometimes agents who are attached to certain external objects might also have special claims over them, the most important consideration is whether the agents making such claims suffer from structural injustice in the present. In the third part I try to explain why structural injustice matters, in what way attachment-based claims relate to it and when they count. (shrink)

Hermeneutical injustices, according to Miranda Fricker, are injustices that occur “when a gap in collective interpretive resources puts someone at an unfair disadvantage when it comes to making sense of their social experiences” (Fricker 2007, 1). For Fricker, the relevant injustice in these cases is the very lack of knowledge and understanding experienced by the subject. In this way, hermeneutical injustices are instances of epistemic injustices, the kind of injustice that “wrongs someone in their capacity as a subject (...) of knowledge” (Fricker 2007, 5). In this paper, however, I identify different means by which our hermeneutic activities lead to social injustices, of both a practical and epistemic kind, and I identify different ways in which those injustices manifest themselves. Since Fricker’s use of the notion of “hermeneutical injustices” to denote a well-defined kind of injustice is rightfully well-established, I here refer to the more general kinds of injustices I have in mind as “hermeneutic injustices” instead. (shrink)

Epistemic injustice is a widely discussed phenomenon in many sub-disciplines (including epistemology, ethics, feminist philosophy, social and political philosophy). Yet, there is very little literature on its connection to the philosophy of sports. Here I explore the intersection between epistemic injustice and sports, focusing on testimonial injustice. I argue that there exist clear-cut cases of testimonial injustice in sport that arise when athletes attempt to communicate information. After highlighting the theoretical connections between various cases, I explore (...) the more ambitious claim that sport performances themselves carry linguistic content. This claim allows us to see the biased negative judgment of sport performances in a new light, as constituting a further and distinctive form of testimonial injustice. I show how the case of figure-skater Surya Bonaly can be understood as a real-life instantiation of this form of testimonial injustice. I conclude by explaining why it is philosophically fruitful to understand these wrongs through the lens of testimonial injustice. (shrink)

Miranda Fricker’s account of hermeneutical injustice and remedies for this injustice are widely debated. This article adds to the existing debate by arguing that theories of recog- nition can fruitfully contribute to Fricker’s account of hermeneutical injustice and can provide a framework for structural remedy. By pairing Fricker’s theory of hermeneutical injustice with theories of recognition, I bring forward a modest claim and a more radical claim. The first concerns a shift in our vocabulary; recognition theory (...) can give a name to the seriousness of the long-term effects of hermeneutical injustice. The second claim is more radical: thinking of hermeneutical injustice as preventing what I call “self-recogni- tion” provides a structural remedy to the phenomenon of hermeneutical injustice. Because hermeneutical injustice is first and foremost a structural injustice, I contend that every virtue theory of hermeneutical justice should be complemented by structural remedies in terms of recognition. Finally, what I argue sheds light on the seriousness of cases of exclusion of and discrimination against women in academia and helps to draw our attention to new ways to combat such problems. (shrink)

It is frequently argued that to address structural injustice, individuals should participate in collective actions organized by civil society organizations, but the role and the normative status of CSOs are rarely discussed. In this paper, we argue that CSOs semi-perfect our shared obligation to address structural injustice by defining shared goals as well as taking actions to further them. This assigns a special moral status to CSOs, which in turn gives rise to our duty to support them. Thus, (...) we do not have full discretion when deciding whether to join collective actions or not. Under certain conditions, we can even be forced by others to do our share. (shrink)