Is it possible to redress a wrong specifically in one’s capacity as a knower? Epistemic justice has largely been conceived of as either an ideal goal guiding present and future societal endeavours, or a set of ameliorative character virtues. Yet there is also a backward-looking component of epistemic justice, which has so far been neglected. I argue that exercises of our cognitive and epistemic capacities can constitute moral redress for wrong actions and wrongful harms for which we are (...) responsible. Epistemic redress can take non-doxastic forms, but can also involve the formation of new beliefs. Acts of epistemic redress can redress not only epistemic but also non-epistemic wrongs. In the practice of natural science, epistemic redress can play legitimate and necessary roles both within and outside the core procedures of scientific reasoning, without compromising science’s truth-orientated epistemic credentials. When it plays these roles, it can contribute to generating restitutive knowledge. (shrink)

This paper explores Saidiya Hartman's undertheorized account of 'redress' in conversation with the extensive uptake of her work on Black fungibility, subjection, and critiques of emancipation. Although Hartman uses the term in nearly all of her writing, little work has been done to clarify how Hartman conceptualizes redress as a response to the constitution of Black lives as abstract, exchangeable, and disposable. This paper offers an account of how Hartman theorizes redress, showing how it both resists, and (...) acts as a mechanism for, the constitution of Blackness as fungible. Consequently, I argue that Hartman's readers fundamentally skew her thinking in divorcing redress from her other key concepts. (shrink)

This chapter explains that most of the standard objections to substance dualism (SD) count as effectively against property dualism (PD), and that PD is hardly more plausible, or less implausible, than SD. Dualism competes, not with neuroscience (a science), but with materialism, an opposing philosophical theory. The chapter shows that although Cartesian dualism faces some serious objections, that does not distinguish it from other philosophical theories, and the objections are not an order of magnitude worse than those confronting materialism in (...) particular. There remain the implausibilities required by the Cartesian view; but bare claim of implausibility is not argument. The dialectical upshot is that, on points, and going just by actual arguments as opposed to appeals to decency and what good guys believe, materialism is not significantly better supported than dualism. (shrink)

An introduction to the philosophical implications of the recent surge of political and ethical interest in historical redress.

From a legal-philosophical point of view, The Redress of Law presents a critical analysis of a number of related doctrinal fields: constitutional, labour and EU Law. Focusing on the organisation and protection of work, this book asks what it means to protect work as an essential aspect of human flourishing. This is an ambitious and highly sophisticated intervention in contemporary academic and political debates around a set of critically important questions connected to processes of globalisation and market integration. The (...) author redefines the nature of legal and political thought in an age in which market rationality has exceeded its classic domain and has come to pervade the organization of social and political life. This restatement of critical legal theory is intended to defend the concept of constitutionalism and suggest new ways to deploy the law strategically. (shrink)

Emilios Christodoulidis’ The Redress of Law: Globalisation, Constitutionalism and Market Capture is a rare work in its magnitude and ambition. More than on an argument, the book centres on an impas...

In this contribution, the connection between redressing the past and doing justice in the present is explored by presenting the notion of 'paradox' as a response to 'binary thinking'. In this regard, 'paradox' denotes contradictory, yet interrelated aspects that exist simultaneously. 'Binary thinking' refers to either/or categorical aspects that cannot co-exist. Two paradoxes are explored as a response to increasing polarisation because of a struggle in redressing past injustices: the paradox of remembering and forgetting and the paradox of difference and (...) sameness. This is done by bringing the work of the South African practical theologian, Denise Ackermann, in conversation with the work of the Croatian systematic theologian, Miroslav Volf. From different origins and experiences, both offer a way forward, and a way to move on beyond the devastation that is caused by dealing with injustice, difference and memory in a polarising fashion. The contribution concludes with a reflection on the notion of 'ceding space' from a Trinitarian theological perspective. The ceding of space is proposed as act of transformation, as the outcome of the ideas proposed by Ackermann and Volf, and as a way to live together, 'after the locusts'. (shrink)

In Recognizing Wrongs, John C. P. Goldberg and Benjamin C. Zipursky develop and defend “civil recourse theory,” according to which torts are injurious wrongs that give rise to a claim of redress. My discussion extends beyond tort law to explore the ethics of reparations for historical injustice, in particular, regarding the case of Black Americans. I begin by relating the notion of wrongdoing that figures prominently in civil recourse theory to morality. Then I explore the idea that the relevant (...) sort of wrongdoing is relational and injurious, and how this claim applies to historical injustice. Finally, I take up the idea that a redress claim is one a victim is entitled but not obligated to make in order to think about whether the discretionary nature of tort action is empowering to persons who have been wrongfully injured. (shrink)

This paper represents the first attempt to apply vertical equity principles to the South African health sector. A vertical equity approach, which recognises that different groups have different starting points and therefore require differential treatment, appears to offer an appropriate basis for considering how best to redress the vast inequities which exist in post-Apartheid South Africa. Vertical equity principles are applied in critically analysing two areas of recent policy action which are particularlyrelevant to health sector equity in South Africa, (...) namely public-private sector cross-subsidies and the allocation of government resources between provinces. Despite a strong political commitment to redressing historical inequities, recent government policy actions in these two areas appear to fall short of desirable goals when viewed through a vertical equity lens. In particular, policies since the first democratic elections in 1994 have done little to reduce the extent of government subsidies to the private health sector, which serves a minority of the population. In addition, recent proposals for a Social Health Insurance will allow minimal cross-subsidies between high- and low-income earners and would not adequately redress the currently inequitable public-private cross-subsidies. With respect to the allocation of government resources between provinces, a vertical equity approach would suggest that the most historically dis-advantaged provinces have an even greater claim on government resources than reflected in the current formula, as developed by the Department of Finance. This paper also considers the potential benefits of engaging with societal views in determining what constitutes dis-advantage in the South African context, in order to identify those who should receive priority in resource allocation decisions. It concludes with a review of a number of practical steps that can be taken to draw vertical equity principles into policy action. (shrink)

The South African mining industry is challenged by the need to address a number of legacy issues that promote a “rear view mirror view” of the industry and fan discontent leading to potential policy change. This article considers how this industry can engage more constructively and proactively with its past by outlining the choices for an overarching remedial theory and forms of engagement. After considering how the South African mining industry fared before the country’s Truth and Reconciliation Commission, the article (...) examines recent conflicts in which the legacies of migrant labour and silicosis have been implicated. The article concludes that the past is unlikely to be addressed through a uniform process, and that the industry would do better to be more attentive to the remedial theories and limitations and opportunities inherent in multiple forms of engagement, as these manifest in flashpoints of conflict that invoke legacy issues. (shrink)

Two Boeing 737-MAX passenger planes crashed in October 2018 and March 2019, suspending all 737-MAX aircraft. The crashes put Boeing’s corporate practices and culture under the spotlight. The main objective of this paper is to use the case of Boeing to highlight the importance of efficient employee grievance redressal mechanisms and an independent external regulator. The methodology adopted is a qualitative analysis of statements of various whistleblowers and Boeing and the Federal Aviation Administration (FAA) stakeholders. It suggests that employee feedback (...) flowing up the chain of command should be more flexible and dealt with more seriousness. It recommends that companies adopt a cooling-off period or a lifetime restriction for employees who have gone through the revolving door between regulators and the industry. The Boeing 737-MAX case, which emphasizes the ethical obligations of the job, can offer value to engineers, engineering educators, managers, ombudsmen, and human resource professionals. (shrink)

Over-flexibility in the definition of Friston blankets obscures a key distinction between observational and interventional inference. The latter requires cognizers form not just a causal representation of the world but also of their own boundary and relationship with it, in order to diagnose the consequences of their actions. We suggest this locates the blanket in the eye of the beholder.

An Artificial Intelligence algorithm trained on data that reflect racial biases may yield racially biased outputs, even if the algorithm on its own is unbiased. For example, algorithms used to schedule medical appointments in the USA predict that Black patients are at a higher risk of no-show than non-Black patients, though technically accurate given existing data that prediction results in Black patients being overwhelmingly scheduled in appointment slots that cause longer wait times than non-Black patients. This perpetuates racial inequity, in (...) this case lesser access to medical care. This gives rise to one type of Accuracy-Fairness trade-off: preserve the efficiency offered by using AI to schedule appointments or discard that efficiency in order to avoid perpetuating ethno-racial disparities. Similar trade-offs arise in a range of AI applications including others in medicine, as well as in education, judicial systems, and public security, among others. This article presents a framework for addressing such trade-offs where Machine Learning and Optimization components of the algorithm are decoupled. Applied to medical appointment scheduling, our framework articulates four approaches intervening in different ways on different components of the algorithm. Each yields specific results, in one case preserving accuracy comparable to the current state-of-the-art while eliminating the disparity. (shrink)

Consider the problem of allocating a scarce resource to people. A fair decision procedure is one where each person has an equal chance of receiving the resource. An unfair decision procedure is one where the chances are not equal. Normally we think that, in an unfair decision procedure, that the correct way to redress the injustice is by rerunning the allocation using a fair decision procedure. In this paper, I show that this actually creates an overall bias favouring one (...) person, and solutions to this problem are counterintuitive, in that they typically involve introducing additional unfair elements into the situation. (shrink)

How does a country repair its harm to a vulnerable minority targeted during times of national fear because of race? How did the United States redress its then popular yet unconstitutional WWII incarceration of 120,000 innocent Japanese Americans in desolate barbed wire prisons without charges, hearings, or bona fide evidence of military necessity? In response to a Congressional inquiry, political lobbying, and lawsuits, the Civil Liberties Act of 1988 directed the President to apologize and authorized over one billion dollars (...) in reparations. Congress also created a fund to educate the public about the government’s false assertion of “national security” to restrict civil liberties. Some considered redress a tremendous victory — rewriting history and personal healing. Others questioned reparations for one U.S. group but not others. Japanese American Redress served as a catalyst for reparations movements worldwide. This paper examines its genesis, legal implementation, and apparent effects. It also explores wide-ranging political mobilization and social meanings of redress and “unfinished business”. Reparations cannot be measured by laws alone. Diverse communities must engage contested questions of history, justice, and belonging. Reparations claims face often unforeseen benefits and limitations. The paper concludes with these “lessons learned” to date. (shrink)

In this essay, I examine selected narratives in the Rājataraṅgiṇī that invoke a specific practice of suicide by starvation, what is referred to as prāya, prāyopaveśa, and/or prāyopaveśana. Commonly attested in the legal literature as well as in the epics, prāya is normally deployed there to redress financial grievances, to force debtors to pay their due. The use of the practice in the Rājataraṅgiṇī is often quite different from this, however: Kalhaṇa suggests that Brahmins, and others, engaged in the (...) fast-unto-death not only to redress their own grievances, but also the grievances of others. In particular, Kalhaṇa presents prāya as a tool used to compel Kashmiri kings to conform to the dharmaśāstric strictures of good government, to promote policies favoring not only Brahmins but also other, non-Brahmin subjects. The existence of such a form of the fast-unto-death is significant, for it signals a potentially unselfish use of caste, however imperfectly and corruptly the Rājataraṅgiṇī shows it to have been applied: by threatening their own deaths and promising thereby the karmic and social consequences of brahminicide, Brahmins sought to compel those sovereigns who pursued their own narrow interests to better serve the common good. That this is so raises a trio of vital concerns regarding the nature of the fast and its modern legacies, and the nature of royal succession, on the one hand, and on the other, the proper role of social and political elites in premodern South Asia. (shrink)

Despite apparent political concern and action—often fuelled by high-profile cases and campaigns—legislative and institutional responses to image-based sexual abuse in the UK have been ad hoc, piecemeal and inconsistent. In practice, victim-survivors are being consistently failed: by the law, by the police and criminal justice system, by traditional and social media, website operators, and by their employers, universities and schools. Drawing on data from the first multi-jurisdictional study of the nature and harms of, and legal/policy responses to, image-based sexual abuse, (...) this article argues for a new joined-up approach that supports victim-survivors of image-based sexual abuse to ‘reclaim control’. It argues for a comprehensive, multi-layered, multi-institutional and multi-agency response, led by a government- and industry-funded online or e-safety organisation, which not only recognises the diversity of victim-survivor experiences and the intersection of image-based sexual abuse with other forms of sexual and gender-based violence and discrimination, but which also enables victim-survivors to reclaim control within and beyond the criminal justice system. (shrink)

Locke is famous for defining madness as an intellectual disorder in the realm of ideas. Numerous commentators take this to be his main and only contribution to the history of psychiatry. However, a detailed exegetical review of all the relevant textual evidence suggests that this intellectualist interpretation of Locke’s account of madness is both misleading and incomplete. Affective states of various sorts play an important role in that account and are in fact primordial in the determination of human conduct generally. (...) Locke’s legacy in this domain must therefore be revised and the intellectualist bias that dominates discussions of his views must be redressed. (shrink)

The EU Collective Redress Recommendation has invited Member States to introduce collective redress mechanisms by July 26, 2015. The claim of the well-known reservations concerns the potentially abusive litigation and potential settlement of not well-founded claims resulting from controversial funding of cases by means of contingency fees and from “opt-out” class action procedures. The Article posits that apart from that claim, at bottom there may be some danger that the European Commission and private interest-groups may try to pursue (...) the enforcement of their regulatory agendas in this way at the expense of individual claimants’ interests. However, in contrast to the situation in the United States, the need to complement regulatory enforcement by collective action may not appear as strong because of the relatively strict regulatory control and enforcement, which may explain EU Member States’ longstanding reluctance to adopt collective proceedings due to their concern for plaintiffs’ individual rights. Therefore, a comparative analysis is carried out to see to what extent individual rights as opposed to regulatory goals are taken into account in the different newly revised systems in place across Europe. As an interim result, the Dutch settlement procedure for mass damage claims, the English Group Litigation Order and the German test case procedure turn out to be relatively well-suited to dealing with mass damage claims. At the same time, none of them can quite reach an optimal balance between individual rights and regulatory goals and therefore each of them is subject to criticism. That is why the further question is raised as to how far these procedures could complement each other, thus contributing to the enforcement of individual rights without overregulating markets in Europe. (shrink)

Tragedy and Redress in Western Literature: A Philosophical Perspective, by GaskinRichard. New York and London: Routledge, 2018. Pp. ix + 412.

This book offers a unique interpretation of tragic literature in the Western tradition, deploying the method and style of Analytic philosophy. Richard Gaskin argues that tragic literature seeks to offer moral and linguistic redress for suffering. Moral redress involves the balancing of a protagonist's suffering with guilt : Gaskin contends that, to a much greater extent than has been recognized by recent critics, traditional tragedy represents suffering as incurred by avoidable and culpable mistakes of a cognitive nature. Moral (...) redress operates in the first instance at the level of the individual agent. Linguistic redress, by contrast, operates at a higher level of generality, namely at the level of the community: its fundamental motor is the sheer expressibility of suffering in words. Against many writers on tragedy, Gaskin argues that language is competent to express pain and suffering, and that tragic literature has that expression as one its principal purposes. The definition of tragic literature in this book is expanded to include more than stage drama: the treatment stretches from the Classical and Medieval periods through to the early twentieth century. There is a special focus on Sophocles, but Gaskin takes account of most other major tragic authors in the European tradition, including Homer, Aeschylus, Euripides, Virgil, Seneca, Chaucer, Marlowe, Shakespeare, Corneille, Racine, Lessing, Goethe, Schiller, Kleist, Büchner, Ibsen, Hardy, Kafka, and Mann; lesser-known areas, such as Renaissance neo-Latin tragedy, are also covered. Among theorists of tragedy, Gaskin concentrates on Aristotle and Bradley; but the contributions of numerous contemporary commentators are also assessed. Tragedy and Redress in Western Literature: A Philosophical Perspective offers a new and genuinely interdisciplinary perspective on tragedy that will be of considerable interest both to philosophers of literature and to literary critics. (shrink)

Aristotle warned against a 'missing middle' in logic (Gk Mesos – middle; intermediate). This paper submits that one of the reasons why there has been no major breakthrough in macroeconomics since the financial crisis of 2007-08 has been a missing middle in mainstream micro-macro syntheses, constrained by partial and general equilibrium premises. It maintains that transcending this needs recognition that large and dominant multinational corporations between small micro firms and macro outcomes – while also influencing both – merit the conceptual (...) paradigm of mesoeconomics. Drawing on a range of uses of the concept, it relates this to reasons for 'too big to fail' and suggests implications for policies to gain accountability of big business, including how a meso dimension to input-output could yield transparency on risk-prone financial transactions by banks, and of corporations contributing to climate change. It also critiques misrepresentation of Walras and Pareto, as well as suggesting areas for research which could address, and potentially redress, 'missing middles' in mainstream micro-macro syntheses. (shrink)

Recently, scholars across disciplines raised ethical, legal and social concerns about the notion of human intervention, control, and oversight over Artificial Intelligence (AI) systems. This observation becomes particularly important in the age of ubiquitous computing and the increasing adoption of AI in everyday communication infrastructures. We apply Nicholas Garnham's conceptual perspective on mediation to users who are challenged both individually and societally when interacting with AI-enabled systems. One way to increase user agency are mechanisms to contest faulty or flawed AI (...) systems and their decisions, as well as to request redress. Currently, however, users structurally lack such mechanisms, which increases risks for vulnerable communities, for instance patients interacting with AI healthcare chatbots. To empower users in AI-mediated communication processes, this article introduces the concept of active human agency. We link our concept to contestability and redress mechanism examples and explain why these are necessary to strengthen active human agency. We argue that AI policy should introduce rights for users to swiftly contest or rectify an AI-enabled decision. This right would empower individual autonomy and strengthen fundamental rights in the digital age. We conclude by identifying routes for future theoretical and empirical research on active human agency in times of ubiquitous AI. (shrink)

The time is ripe for a greater interrogation of assumptions and commitments underlying an emerging common ground on the ethics of animal research as well on the 3 R (replacement, refinement, reduction) approach that parallels, and perhaps even further shapes, it. Recurring pressures to re-evaluate the moral status of some animals in research comes as much from within the relevant sciences as without. It seems incredible, in the light of what we now know of such animals as chimpanzees, to deny (...) that these animals are properly accorded high moral status. Barring the requirement that they be human, it is difficult to see what more animals such as chimpanzees would have to possess to acquire it. If the grounds for ascribing high moral status are to be non-arbitrary and responsive to our best knowledge of those individuals who possess the relevant features, we should expect that a sound ethical experimental science will periodically reassess the moral status of their research subjects as the relevant knowledge demands. We already can observe this reassessment as scientists committed to humane experimental science incorporate discoveries of enrichment tools and techniques into their housing and use of captive research animals. No less should this reassessment include a critical reflection on the possible elevation of moral status of certain research animals in light of what is discovered regarding their morally significant properties, characteristics or capacities, or so I will argue. To do anything short of this threatens the social and moral legitimacy of animal research. (shrink)

Social relations are of the greatest significance for human progress and, further, the sustenance and well-being of our relationships requires emotional competence. On these grounds, this paper will draw on the work of John Macmurray in order to show that the emotions have been previously misrepresented and would benefit from education. Secondly, Daniel Goleman’s practical account of emotional education will be employed to illustrate the application of Macmurray’s position. Finally, some objections to educating the emotions will be raised and countered; (...) thus, leading to the conclusion that our development as individuals would benefit from the education of the emotions. (shrink)

In Oneself as Another, Paul Ricoeur proposes a new ethical theory that integrates Aristotle’s eudaemonist virtue ethical outlook with Immanuel Kant’s deontological ethics. The goal is ambitious, and recent discussions in anglophone philosophy have made its undertaking look to be founded on a confusion. The new argument goes that the ethical justification at work in the Aristotelian and Kantian traditions is of opposed kinds. Attempts to integrate them, as a result, are either incoherent, or, in the best case, simply minor (...) variations on one or another predominant ethical outlook. The essay grants the opposed kinds thesis and argues that despite its apparent impossibility, Ricoeur nevertheless does succeed in integrating two ethical approaches, including their different sources of justification, to produce a novel and thus ethically interesting theory. The essay closes, finally, with a reflection on how this method might be developed one step further to include an insight by Emmanuel Levinas on the look of the Other, and so make for an ethics of recognition. (shrink)

Narratives of discrimination due to gender differentiations, educational background, cultural systems and/or political alignments are not new phenomena in human history. The concepts themselves are as old as the applications within the systems. In order to grasp the cruciality of the tendency, this article discusses the realities of discrimination among the people of northern Malawi using the Dalit experiences in India. Its emphasis is on how the Northerners of Malawi are politically and socio-economically sidelined in the entire system of governance. (...) The article draws the conclusion that theology can in some ways help to minimize the situation when tolerance and accommodation in God’s design can be put into practice in order to promote harmony and togetherness. If this can be enhanced, the ignored North can feel part of Malawi and by doing so, they can reconstruct their lost humanity and dignity. (shrink)

This paper addresses the current revival of Confucianism in China. It analyzes its political issues and outcomes, underlines the possible defects in Confucianism as a theory of politics, i.e., as a science and art of government and a public ethics. It looks back to the dialectical relationship between Confucius and Mencius and shows how the presence of Confucianist elements in 20th-century politics contributed to shape the public and political sphere in contemporary China. The strains between revolutionary and reformist orientations through (...) the last century are still at work in current social movements and reflected in political debates. (shrink)

Predictability is a prerequisite for effective human control of artificial intelligence (AI). The inability to predict malfunctioning of AI, for example, impedes timely human intervention. In this paper, we empirically investigate how AI’s predictability compares to the predictability of humans in a real-effort task. We show that humans are worse at predicting AI performance than at predicting human performance. Importantly, participants are not aware of the differences in relative predictability of AI and overestimate their prediction skills. These results raise doubts (...) about the human ability to effectively exercise control of AI — at least in certain contexts. (shrink)

Health equity is a global concern. Although health equity extends far beyond the equitable distribution of healthcare, equitable access to healthcare is essential to the achievement of health equity. In Canada, Indigenous Peoples experience inequities in health and healthcare access. Cultural safety and trauma‐ and violence‐informed care have been proposed as models of care to improve healthcare access, yet practitioners lack guidance on how to implement these models. In this paper, we build upon an existing framework of equity‐oriented care for (...) primary healthcare settings by proposing strategies to guide nurses in operationalizing cultural safety and trauma‐ and violence‐informed care into nursing practice at the individual level. This component is one strategy to redress inequitable access to care among Indigenous Peoples in Canada. We conceptualize barriers to accessing healthcare as intrapersonal, interpersonal, and structural. We then define three domains for nursing action: practicing reflexivity, prioritizing relationships, and considering the context. We have applied this expanded framework within the context of Indigenous Peoples in Canada as a way of illustrating specific concepts and focusing our argument; however, this framework is relevant to other groups experiencing marginalizing conditions and inequitable access to healthcare, and thus is applicable to many areas of nursing practice. (shrink)

Despite the enormous size of the illicit market in the United States, there is a paucity of research concerning the rights of consumers of illegal products. In this article it is argued that the illicit nature of a transaction should not deny consumers the right to safety and redress. Recognition of these rights is not only in line with the public policy goal, i.e., protecting public interests, but it can also serve as a deterrent factor for the sales of (...) illegal products. (shrink)

CairnsDouglas Tragedy and Redress in Western Literature: A Philosophical Perspective Routledge. 2018. pp. ix, 412. £125.