This article examines the meaningful intervention that Gert-Jan Van der Heiden’s recent book, The Voice of Misery: A Continental Philosophy of Testimony, makes in the developing field of the philosophy of testimony. I argue that this intervention is accomplished through a phenomenological investigation into the nature of the testimonial object and of the demand that it makes upon one who bears witness. In taking such an approach, I argue, Van der Heiden initiates an ontological turn in the field of (...) testimonial theory, shifting the conversation away from a debate about the conditions in which belief in testimony is justified – a debate that has in many ways defined the field for philosophers in the Anglo-American tradition. I suggest that Van der Heiden’s account is helpful in demonstrating that, in many cases, doing justice to a testimonial object requires an epistemic-ethical attitude other than belief. The article concludes by developing a few questions for Van der Heiden based on my interpretation of his project, including to what extent his phenomenology of testimony can account for how often our receptivity to testimony depends on the default trust that we have in others by virtue of our fundamental immersion in social life. (shrink)

ABSTRACT This paper examines the ‘voluntarism’ challenge for achieving testimonial justice and advocates the virtue of just acceptance of testimony as the right target for efforts to alleviate testimonial injustice. First, we review the credibility deficit case of interpersonal testimonial injustice and explain how the doxastic voluntarism problem poses a challenge to redressing such testimonial injustice. Specifically, the voluntarism problem seems to rule out straightforward control over what and whom people believe; thus, the solution to (...) the problem of testimonial injustice cannot lie in voluntarily self-correcting unjust credibility judgements and replacing them with just testimonial beliefs. Second, we identify three distinctive characteristics of acceptance of testimony, as distinct from belief, and argue that, while it might be difficult to form credibility judgements completely voluntarily, it is easier to control one’s attitude of acceptance towards a speaker’s testimony. We hold that shifting focus from testimonial belief to acceptance can overcome the problem of (synchronic) involuntarism about testimonial belief. Third, we articulate a vision of a virtue of just acceptance of testimony that can move a hearer to collect the right evidence to reliably find the answer to whether a speaker’s testimony is true. Finally, we demonstrate that encouraging people to take a virtuous attitude of just acceptance towards a speaker’s testimony forms the basis of a remedial vision of education that can play a distinctive role in fostering the virtue of just acceptance aimed at testimonial justice. (shrink)

Recent impossibility theorems for fair risk assessment extend to the domain of epistemic justice. We translate the relevant model, demonstrating that the problems of fair risk assessment and just credibility assessment are structurally the same. We motivate the fairness criteria involved in the theorems as also being appropriate in the setting of testimonial justice. Any account of testimonial justice that implies the fairness/justice criteria must be abandoned, on pain of triviality.

The current discussion on the relationship of epistemic justice to democracy focuses on its relationship to deliberative democracy. This article concerns the relationship of epistemic justice—specifically, testimonial justice which I call “epistemic fairness”—to aggregative democracy or democracy by voting. The aim of this article is to establish that in a good theory of democracy, epistemic fairness is one of the founding principles of the democratic institution of voting, that is, the principles by which the democratic institution (...) of voting is organized. Under an arguably plausible interpretation, the democratic institution of voting turns out to be committed to realizing epistemic fairness. If a theory of democracy implies that epistemic fairness is a founding principle of the democratic institution of voting, a number of implications follow with respect to the issues related to the practice of voting in actual democracies, such as the problem of gerrymandering or the fairness of the aggregation rule. (shrink)

ABSTRACT This paper offers an account of institutional testimonial justice and describes one way that it breaks down, which we call institutional opacity. An institution is opaque when it becomes resistant to epistemic evaluation and understanding by its agents and users. When one cannot understand the inner workings of an institution, it becomes difficult to know how to comport oneself testimonially. We offer an account of an institutional ethos to explain what it means for an institution to be (...) testimonially just; we then describe how an ethos of institutional testimonial justice can break down when the institution becomes opaque. An opaque institution is especially problematic for individuals and groups already rendered epistemically vulnerable during their interactions with that institution, which we call epistemically vulnerabilised individuals. We articulate the features of an encounter between an epistemically vulnerabilised individual and an opaque institution. We end by tracing ameliorative strategies that could help repair a deteriorated institutional ethos of testimonial justice. (shrink)

Alan Hirsch, Instructor in the Humanities and Chair of the Justice and Law Studies program at Williams College, has testified as an expert witness on false confessions in 23 states.In the introduct...

This article focuses on the epistemic transition to testimonial justice. It argues that the recognition of testimonial injustice in the context of reproductive rights may play a central role in this transition. First, I show how testimonial injustice undermines women’s legal protection against sexual violence and rights triggered by it such as the right to abortion. Second, I argue that the epistemic transition initiated by the #MeToo and #YoSiTeCreo movements call for transitional justice. In support, (...) I review the circumstances of transitional justice for cases like the transition to testimonial justice. Finally, I focus on the area of reproductive rights. I argue that policies of recognition contribute to epistemic transitional justice and complement other strategies aimed to overcome testimonial injustice such as the virtue of the responsible hearer and institutional compensatory virtues. (shrink)

This paper foregrounds how women’s public testimony as part of a formal transitional justice initiative is shaped by the particular context in which a commission operate, including the political and security environment. While the literature has engaged with the gendered predicaments of truth commissions after peace agreements and during transitions away from non-democratic rule, the function of such initiatives in more authoritarian and in immediate post-war contexts is generally overlooked. I examine women’s testimonies from Sri Lanka’s Lessons Learned and (...) Reconciliation Commission, and contend that pervasive militarization and insecurity, and the conduct of the Commission, influenced the stories that came forth. Women’s testimonies in the war-torn areas primarily represent pleas for information about missing family members and reflect important silences about the women’s own experiences of abuse, including ongoing post-war insecurities. The analysis raises questions about what may be expected from transitional justice efforts in difficult post-war contexts. (shrink)

Following the work of Barbara Cassin, this paper proposes to examine certain ways of speaking that Aristotle described as not so much human as plant-like [homoioi phutôi] and to consider whether these non-human ways of speaking might yet adduce forms of discourse that serve to model how central principles of justice can be thought. The paper does this by drawing upon Cassin’s extensive engagement with Sophistry in the classical world together with her concerted interest in the activities of the (...) Truth and Reconciliation Commission in post-apartheid South Africa. When Aristotle, in book Gamma of the Metaphysics, dismissed the speech of those spoke “otherwise” (for example, those who failed to obey the law of non-contradiction) he formalised a chauvinism that philosophy had, at least since Plato, derided as sophistry. For Cassin, however, this presumed superiority of one way of speaking over another is something that holds true only when the grounds and elemental terms of a discourse have been and remain uncontested. In this way, language in Aristotle is regulated in advance, and determines what is admissible in the court of discourse according to prescribed and recognisable forms. Accordingly, illuminated by Heidegger and yet (like Arendt) departing from his conclusions, Cassin explores the sense in which language is something ontologically constitutive but in a manner that contests rather than secures its speakers’ relations to one another. In place of a metaphysics and ethics of belonging and authenticity, Cassin’s work is oriented by figures of precarity and exile such that truth is not so much something to be discovered, once and for all, but to be contested, negotiated, and re-worked each and every time. Key to this form of discourse, the paper will claim, is the uniquely non-juridical approach to justice undertaken by the Truth and Reconciliation Commission. Here, as Cassin explains, rather than a logic of individual rights and wrongs, there is a performative role for those involved. This “politics via discourse” dislocates the identity of received (rational) subjects and allows for narrative testimony itself not only to bear witness to a past but to signal a future – one based not on the apportionment or allocation of justice but on its ongoing struggle (an eristics or agonistics) for a humanity to come. (shrink)

ABSTRACT In this paper I argue that there are possible cases in which the demands of justice and the norms of epistemology cannot be simultaneously satisfied. I will bring out these normative clashes in terms of the now-familiar phenomenon of testimonial injustice (Fricker 2007). While the resulting argument is very much in the spirit of two other sorts of argument that have received sustained attention recently – arguments alleging epistemic partiality in friendship, and arguments that motivate the hypothesis (...) of moral encroachment on the epistemic – I suggest how the argument from epistemic injustice differs from, and is stronger than, both of those arguments. The implications of the present argument are several: we must (i) reconceive the role of identity-prejudice in testimonial injustice, (ii) modify the way we think about how justice and epistemology bear on testimonial transactions, and (iii) understand the mutuality of speech exchanges in ways that do not privilege any particular participant’s epistemic perspective. (shrink)

This introduction to the edited volume on "Testimonial Injustice and Trust" provides (a) a brief overview of the philosophical debate on the notion of ‘testimonial injustice’ and (b) a summary of the 18 chapters constituting this volume. The contributions are divided into four thematic sections. These are (I) Rethinking Testimonial Injustice, (II) Testimonial Injustice and the Question of Trust, (III) The Public Spheres of Testimonial Injustice, and (IV) Testimonial Injustice and Public Health. The contributions (...) criticize, complement, or expand on Fricker’s central case of testimonial injustice and the proposed virtue of testimonial justice, thereby contributing to its better understanding and extending its scope. Moreover, through the application of theories of epistemic injustice, and testimonial injustice in particular, to new real-world cases and contexts, they seek to render our theories and concepts more robust and valuable. (shrink)

EMBARGOED - expected end date 20.05.2024.

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

Presentation of the dossier. Places for testimony: history and justice.

In this article, I consider the possibilities and limitations for testimonial justice in an international criminal courtroom. I begin by exploring the relationship between epistemology and criminal law, and consider how testimony contributes to the goals of truth and justice. I then assess the susceptibility of international criminal courts to the two harms of testimonial injustice: epistemic harm to the speaker, and harm to the truth-seeking process. I conclude that international criminal courtrooms are particularly susceptible to (...) perpetrating testimonial injustice. Hearers in the international criminal courtroom should practice testimonial justice, but the institution is not structured in a way that can prevent every instance of testimonial injustice. (shrink)

Starting from Miranda Fricker’s recent work on the concept of testimonial injustice, this paper considers what duties testimonial justice creates for speakers. I discuss this question in relation to disclosures of so-called personal conflicts of interest, which authors are sometimes required or encouraged to declare when submitting their work to journals. Personal characteristics that have been disclosed by authors include smoking status, class background and ethnicity. The purpose of this paper is two-fold. First, I argue that disclosures (...) of personal characteristics raise problems of testimonial injustice in two ways: they can unfairly undermine researchers’ credibility and prejudice readers against the results or arguments proposed; and such disclosures can contribute to epistemic injustice more broadly by strengthening the view that individuals who share the features disclosed should, at least in some contexts, be given less credibility than others. The second goal of the paper is to argue that, while Fricker’s account focuses on the epistemic virtues of hearers in responding in the right way to testimonial injustice, there are also important duties of testimonial injustice incumbent on speakers. I propose three such duties. (shrink)

Pozzi provides a thought-provoking account of how machine-learning clinical prediction models (such as Prediction Drug Monitoring Programmes (PDMPs)) may exacerbate testimonial injustice.1 In this response, I generalise Pozzi’s concerns about PDMPs to traditional models of clinical practice and question the claim that inaccurate clinicians are necessarily preferential to inaccurate machine-learning models. I then explore Pozzi’s concern that such models may deprive patients of a right to ‘convey information’. I suggest that machine-learning tools may be used to enhance, rather than (...) frustrate, this right, through the perspective of hermeneutical justice. Pozzi objects to the introduction of machine-learning risk prediction tools in clinical care, due to their being ‘epistemically opaque’, often inaccurate, and a threat to patients’ testimonial justice. Through the example of psychiatry, I suggest this stance idealises traditional models of clinical practice. I propose that clinicians’ judgements are often equally vulnerable to opaque subjectivity, bias and epistemic injustice. For instance, the use of clinical observation or collateral interviewing might be conceptualised as a threat to testimonial justice, by neglecting patients’ own perspectives or voices. In practice, clinical risk prediction often follows inconsistent and somewhat subjective clinical heuristics, which are difficult to summarise or evaluate. Further, although Pozzi diminishes machine-learning …. (shrink)

In her 2007 book Epistemic Injustice Miranda Fricker identifies testimonial injustice as a case where a hearer assigns lower credibility to a speaker due to “identity prejudice.” Fricker considers testimonial injustice as a form of epistemic injustice since it wrongs the speaker “in her capacity as a knower.” Fricker recommends developing the virtue of “testimonial justice” to address testimonial injustice. She takes this virtue to involve training in a “distinctly reflexive critical social awareness.” The main (...) goal of this article is to argue that Fricker's proposed training falls short of the target and that a cultivation of the capacity of being present—the ability to be mindful—would be necessary to develop the critical social awareness that Fricker requires. I want to explore the impact of compassion and open‐mindedness—virtues cultivated in mindfulness training—on testimonial justice specifically and virtue epistemology generally. In attempting to develop an epistemic account informed by mindfulness—a mindful epistemology—my primary goal is to bring Buddhist insights on how to anchor the mind by training it to be fully present and attentive into the focus of mainstream Western philosophy. More specifically, I argue that doing so allows us to appreciate the crucial role that a prediscursive level of cultivation plays in the development of testimonial justice. (shrink)

Testimonial injustice occurs when bias against the credibility of certain social identities results in discounting of their contributions to deliberations. In this analysis, we describe testimonial injustice against women and how it figures in macroallocation procedure. We show how it harms women as deliberators, undermines the objective of inclusivity in macroallocation and affects the justice of resource distributions. We suggest that remedial action is warranted in order to limit the effects of testimonial injustice in this context, (...) especially on marginalised and disadvantaged groups, and propose three areas for action, whose implementation might feasibly be achieved by those immediately involved in macroallocation. (shrink)

I shall first briefly revisit the broad idea of ‘epistemic injustice’, explaining how it can take either distributive or discriminatory form, in order to put the concepts of ‘testimonial injustice’ and ‘hermeneutical injustice’ in place. In previous work I have explored how the wrong of both kinds of epistemic injustice has both an ethical and an epistemic significance—someone is wronged in their capacity as a knower. But my present aim is to show that this wrong can also have a (...) political significance in relation to non-domination, and so to freedom. While it is only the republican conception of political freedom that presents nondomination as constitutive of freedom, I shall argue that non-domination is best understood as a thoroughly generic liberal ideal of freedom to which even negative libertarians are implicitly committed, for non-domination is negative liberty as of right—secured non-interference. Crucially on this conception, non-domination requires that the citizen can contest interferences. Pettit specifies three conditions of contestation, each of which protects against a salient risk of the would-be contester not getting a ‘proper hearing’. But I shall argue that missing from this list is anything to protect against a fourth salient threat: the threat that either kind of epistemic injustice might disable contestation by way of an unjust deflation of either credibility or intelligibility. Thus we see that both testimonial and hermeneutical injustice can render a would-be contester dominated. Epistemic justice is thereby revealed as a constitutive condition of non-domination, and thus of a central liberal political ideal of freedom. (shrink)

Shannon Fyfe ABSTRACT: In this article, I consider the possibilities and limitations for testimonial justice in an international criminal courtroom. I begin by exploring the relationship between epistemology and criminal law, and consider how testimony contributes to the goals of truth and justice. I then assess the susceptibility of international criminal courts to the two...

In Epistemic injustice, Miranda Fricker makes a tremendous contribution to theorizing the intersection of social epistemology with theories of justice. Theories of justice often take as their object of assessment either interpersonal transactions (specific exchanges between persons) or particular institutions. They may also take a more comprehensive perspective in assessing systems of institutions. This systemic perspective may enable control of the cumulative effects of millions of individual transactions that cannot be controlled at the individual or institutional levels. This (...) is true not only with respect to the overall distribution of such goods as income and wealth, but also with respect to the goods of testimonial and hermeneutical justice. Cognitive biases that may be difficult for even epistemically virtuous individuals to correct on their own may be more susceptible to correction if we focus on the principles that should govern our systems of testimonial gathering and assessment. Hence, while Fricker’s focus on individual epistemic virtue is important, we also need to consider what epistemic justice as a virtue of social systems would require. My paper will indicate some directions forward on this front, focusing on the need for integration of diverse institutions and persons engaged in inquiry. (shrink)

In February 1999, I received a call from a lawyer at Hill Abra Dewar stating that she had instructions to retain my services as an expert witness in the case of Sawatzky v. Riverview Health Centre. She was representing the Manitoba League of Persons with Disabilities which had intervenor status.In Canada the admission of expert testimony depends upon the application of four criteria outlined in R. v. Mohan by Justice Sopinka. These criteria are: relevance; necessity in assisting the trier (...) of fact, the absence of any exclusionary rule; and a properly qualified expert. The lawyer believed that I could provide the court with relevant, reliable ethics testimony about surrogate decision-making and about medical futility-information that likely would be outside the experience and knowledge of the trier of fact. (shrink)

In February 1999, I received a call from a lawyer at Hill Abra Dewar stating that she had instructions to retain my services as an expert witness in the case of Sawatzky v. Riverview Health Centre. She was representing the Manitoba League of Persons with Disabilities which had intervenor status.In Canada the admission of expert testimony depends upon the application of four criteria outlined in R. v. Mohan by Justice Sopinka. These criteria are: relevance; necessity in assisting the trier (...) of fact, the absence of any exclusionary rule; and a properly qualified expert. The lawyer believed that I could provide the court with relevant, reliable ethics testimony about surrogate decision-making and about medical futility-information that likely would be outside the experience and knowledge of the trier of fact. (shrink)

This essay argues that prediction markets, as one approach for aggregating dispersed private information, may not only be praised for their epistemic accuracy. They also feature characteristics that are morally desirable from the point of view of epistemic justice. Notably, they are a promising approach when we are trying to address testimonial injustice. The impersonality of market transactions effectively tackles the issue of identity prejudice, which underlies many forms of testimonial injustice. This is not to say that (...) prediction markets do not pose challenges for epistemic justice of their own like the risk of excluding knowers based on ability to pay. Or, in light of identity prejudice’s systematicity, the risk of discouraging some knowers because of differences in education or social background that lead to a certain unease when faced with prediction markets. The essay discusses these challenges, concedes limitations but also offers countermeasures to certain worries – e.g. hosting prediction markets on a play-money basis. Throughout, the essay addresses the question of the potential scope of using prediction markets for epistemic purposes, notably by means of the practical example of a prediction market for monetary policy. (shrink)

In many ways, globalization created the problem of representation for feminist solidarity across the borders of the nation state. This problem is one of presenting a cohesive identity for representation in the transnational public sphere. This paper proposes a solution to this problem of a cohesive identity for women’s representation by drawing on the work of Paul Ricœur. What these women seem to have in common are shared political aims, but they have no basis for those aims. This paper provides (...) a basis for these aims by turning to Ricœur’s work on collective memory from Memory, History, Forgetting. The paper concludes that it is the shared testimony through narrative hospitality, which can provide a foundation for a social bond for those with common political aims. More specifically, this common knowledge provides a justification for the representation of women and their allies in the transnational public sphere. (shrink)

This chapter analyzes testimonials posted at CANHAD.org: Collective against Nonprofit Harassment and Discrimination: For Social Justice Advocates, a website focused on harassment and discrimination in social justice activism, which was promoted almost exclusively in anymal activist circles. Testimonials from this website align with the work of scholars in the field of social justice activism, demonstrating the problematic nature of need for community, inside-facing loyalty, male leadership, and internal romances. Finally, Chap. 6 reflects on the ongoing discussion revolving (...) around PETA’s naked march. (shrink)

How can we, as individuals and as members of religious, educational, and/ or social institutions, more adequately respond to the crises of sexual abuse that have come to light in recent years? This paper will address this question through the philosophical lens of Paul Ricoeur. The argument proposed here is that through Ricoeur’s hermeneutics of testimony, responsibility, and recognition, we can begin to approach, address, and evaluate the crises of sexual abuse we face by grounding our ethical reflections, and actions, (...) within a more robust philosophical framework. Therefore, this paper will proceed as follows. The first three sections will investigate Ricoeur’s writings in order to glean from them three distinct hermeneutical approaches to three different sets of criteria at play in contemporary crises of sexual abuse: first, a hermeneutics of testimony, related to memory and history; second, a hermeneutics of responsibility, related to authority and justice; and, finally, a hermeneutics of recognition, related to forgiveness and forgetting. Insofar as each of these hermeneutical approaches offers us some insight into the problematics underlying crises of sexual abuse, the fourth section will offer an evaluation of these approaches by focusing on the specific case of the sexual abuse crisis in the Catholic Church. The final section will consider possible avenues for resolution of these crises through Ricoeur’s notion of exceptional “states of peace,” at the heart of which lies mutual recognition. My hope is that this contribution provides new avenues for conversation and deliberation, as well as new resources and frameworks for articulating and implementing responsible action in the face of sexual abuse. (shrink)

The concept of testimonial injustice (TI) has been expanded considerably since Fricker's groundbreaking original formulation. Testimonial void (TV), as well as other kinds of TI identified in the last decade, encourage the idea that the virtue of testimonial justice (TJ) is not the appropriate remedy to battle against injustice in our testimonial exchanges. This paper contributes to the existing literature on the limitations of TJ as the remedy for TI by drawing attention to its shortcomings (...) in the context of other kinds of TI. By contrast, I propose furtherengaging epistemically with the other(EE) as a corrective to injustice in our testimonial exchanges. I understand EE as a practice in which information regarding epistemic injustice, strategies to fight it and skills training play the leading roles. If the problem lies in lack of appropriate epistemic interaction between knowers, we need to train ourselves to do what we fail to do. Given that we are in the domain of testimony, EE essentially amounts to engaging further with the other in conversation. In the process, EE sheds light on the need for second-order change to fight TI, as enacting EE would require the transformation of our concepts of testimony and credibility. (shrink)

In this paper I focus on John Locke as a representative figure of English Enlightenment theorizing about the legitimacy of cognitive authority and examine the way in which a greater attention to the cultural milieu in which Locke worked can lead to a profound reexamination of his writings on cognitive authority. In particular, I suggest that an inattention to the rise of a culture of reading and the growing availability of books in Early Modern England has led historians of philosophy (...) largely to misrepresent Locke's theory of testimonial justification. At the core of my paper are two interrelated claims. First, with respect to the history of ideas, I argue that the Locke's interest in testimony as a source of justification was in fact greater than that of his Scholastic forebears, and that this fact has a simple, if as yet unacknowledged, cultural cause -- viz., the rise of the book as a mass commodity in the late 17th century. Second, with respect to the history of philosophy more particularly, I argue that this failure to acknowledge the cultural movements that led to a consideration of testimony as a topic of interest to epistemologists in the Modern era has led to a misreading of Locke's work on the subject. Indeed, Locke, though usually read as having attempted to denigrate testimony as a legitimate source of justification, in fact sought to devise an epistemology that would do justice to the centrality of testimony in the intellectual lives of growing numbers of his contemporaries in 17th and 18th century England and Scotland. (shrink)

Miranda Fricker maintains that testimonial injustice is a matter of credibility deficit, not excess. In this article, I argue that this restricted characterization of testimonial injustice is too narrow. I introduce a type of identity-prejudicial credibility excess that harms its targets qua knowers and transmitters of knowledge. I show how positive stereotyping and prejudicially inflated credibility assessments contribute to the continued epistemic oppression of marginalized knowers. In particular, I examine harms such as typecasting, compulsory representation, and epistemic exploitation (...) and consider what hearers are obligated to do in response to these injustices. I argue that because epistemic harms to marginalized knowers also arise from prejudicially inflated assessments of their credibility, the virtue of testimonial justice must be revised to remedy them. (shrink)

Miranda Fricker characterizes the most basic or primary form of epistemic, testimonial injustice by way of a set of negative delimitations. In this paper I raise some doubts about how these delimitations are drawn, about the wrongful harms and disadvantages the testimonial injustice is supposed to entail and produce,and about the way Miranda Fricker clarifies the perfectionist character of the corrective virtue on the part of hearers, the ethical and intellectual virtue of testimonial justice.

In this paper, I argue that there are significant instances of educational injustice in the context of philosophy teaching that can be effectively reduced by an increased implementation of digital technologies. More specifically, I show that there are good reasons to believe that testimonial injustices constitute serious instances of educational injustice that will frequently occur in philosophy classes. Using digital tools to anonymize student contributions opens up a promising way of dealing with these injustices. If convincing, my arguments give (...) reason to perceive epistemic injustices in educational settings as a serious threat to educational justice and to reconsider the implications of increased digitalization for issues of educational justice. (shrink)

This article proposes that a general theory of assessment of historical testimony should do justice to the long tradition of adjudication in accordance with maxims of reliability and competence. I argue that an explanatory genealogical theory (along lines first adumbrated by Charles Seignobos) satisfies this condition, and that it has further notable virtues: respect for the strengths of rival theories, regard for the links between adjudication of testimony and other basic procedures of historical inquiry, and the promise of profitable (...) lines of investigation. (shrink)

Humans are becoming increasingly dependent on the ‘say-so' of machines, such as computers, smartphones, and robots. In epistemology, knowledge based on what you have been told is called ‘testimony' and being able to give and receive testimony is a prerequisite for engaging in many social roles. Should robots and other autonomous intelligent machines be considered epistemic testifiers akin to those of humans? This chapter attempts to answer this question as well as explore the implications of robot testimony for the criminal (...) justice system. Few are in agreement as to the ‘types' of agents that can provide testimony. The chapter surveys three well-known approaches and shows that on two of these approaches being able to provide testimony is bound up with the possession of intentional mental states. Through a discussion of computational and folk-psychological approaches to intentionality, it is argued that a good case can be made for robots fulfilling all three definitions. (shrink)

An imperfect “politics of justice” seems to be inevitable in the aftermath of genocide. In Rwanda, this is especially true, given the scale of the atrocities, the breadth of participation, and the need to build a justice system from scratch while establishing security and restoring the rule of law. Official contexts for survivor testimony and corresponding perpetrator punishment are crucial for establishing shared norms and narratives, but these processes can destabilize social relations in important ways. Accordingly, without development, (...) these justice mechanisms can undermine social stability and emerging cohesion. The converse is also true: without official contexts of testimony and judgment, development is only material support, and has no recognitive force. Learning from Rwanda’s post-’94 transitional justice, broadly construed, I argue that without development, platforms for testimony and the meting out of punishment yield insufficient recognition and so undermine social stability and emerging cohesion. The converse is also true: without official contexts of testimony and judgment, development is only material support, and lacks crucial recognitive force. The crucial interdependence of development, which provides distributive justice, with criminal proceedings, which offer retributive and restorative justice, has the potential to secure a lasting and stable peace. (shrink)

This article intervenes in the project of theorizing the politics of reconciliation and transitional justice with the suggestion that (a) more attention be paid to subjective experiences and discursive sensitivities affected/shaped by the trauma of historical violence and injustice, and that (b) the constitutive as well as potentially subversive working of these experiences and sensitivities be recognized. It focuses specifically on Paul Celan (1920?1970), a Jewish-Romanian-German poet and Holocaust survivor, proposing a reading of his work that connects aspects of (...) the poetic, the traumatic and the peripheral that are relevant to political theories of reconciliation and justice. Celan's work is shown to problematize the dominant understandings of communal temporality that are encoded in the reconciliatory transitional project. This temporality approximates a linear and progressive motion: the transitional community (a) leaves behind the legacies of the ?violent past? and (b) imagines (and moves towards) its future as an emancipative movement positioned beyond the constraints of the historical violence and injustice. In Celan's work, however, the traumatized subject's experience of temporality is understood metaphorically as an impossible passage. In contrast to the linear and progressive unfolding of the collective imaginary, the movement within a passage is repetitive, elliptical and, quite literally, aporetic (impassible). There is no guarantee of a successful passing through; instead, within the passage, Celan's traumatic and poetic subject encounters the abysmal. This basic contrast suggests that a critical theory of reconciliation should not only account for the fragility of human life in relation to historical violence, but respond to the constant proximity of violence within the reconciliatory project itself. (shrink)

Epistemic injustice consists in a wrong done to someone in their capacity as a knower. I focus on epistemic injustice—more specifically, testimonial injustice—as it arises in the Qur’an. Verse 2:282 implies that the worth of a man’s testimony is twice that of a woman’s testimony. The divine norm suggested by the verse is in direct conflict with the norms that govern testimonial justice. These norms require that women should not be judged less reliable simply because they are (...) women. But a divine norm that says that a woman’s testimony is worth less than a man’s also generates a puzzle for the norms that govern testimonial justice: when the divine norm that says that a woman’s testimony is worth half that of a man’s testimony is endorsed and internalised by Muslim women who then assert it, testimonial justice seems to require that we should take these women’s testimony to be less reliable than men’s testimony. I will argue that the solution to the puzzle lies in recognizing that the application of Quranic norms to a given situation requires getting some relevant facts right, and is not purely a matter of one’s values. As such, asserted Quranic norms are not subject to the deference characteristically demanded by testimonial justice. (shrink)

In a recent Editorial, Kious et al. (2023) put forward the claim that psychiatrists should resist calls to integrate concerns about epistemic injustice into their practice as this concept not only fails to add significantly to the current professional standards but would also lead to deleterious clinical outcomes. We believe their claim is mistaken, as it arises from several misconceptions about both the nature of epistemic injustice, and its clinical relevance. First, epistemic justice is conflated with what the authors (...) term ‘a quest for social justice’ that could ‘sideline principles of good clinical reasoning’ (Kious at al 2023: 4). Second, the claim about the impracticality and/or counterproductivity of epistemic injustice as a critical tool within psychiatric practice reflects a series of misconceptions about the normative framework from which this concept derives, so the standards they evaluate it against are ill-chosen. Pace Kious at al., fostering epistemic justice in any area of knowledge and inquiry could not – unwittingly or otherwise – inhibit the consideration of relevant evidence, restrict sound argument or facilitate the casual treatment of testimonies at face value. Third and final, this claim obfuscates some immediate ways in which a focus on epistemic justice as an integral goal will strengthen psychiatric practice according to its own internal standards. (shrink)

The value turn in epistemology generated a particularly influential new position - virtue epistemology. It is an increasingly influential epistemological normative approach that opts for the intellectual virtues of the epistemic agent, rather than the truth-value of the proposition, as the central epistemic value. In the first part of this article we will attempt to briefly explain the value turn and outline the basic aspects of virtue epistemology, underlining the diversity of epistemic attitudes associated with this approach and their positive (...) impact on expanding epistemological horizons. The second part will be focused on the virtues of epistemic responsibility and epistemic justice as particularly appropriate for evaluating social processes such as, for example, testimony and conversational practices in general. In the third section we will show how the psychiatric and psychotherapeutic communicational act can be more efficiently analyzed and evaluated from the perspective of the virtue of epistemic justice, than from the traditional epistemic approach based on a monist concept of truth. The fourth and fifth section synthesize the discussion by introducing the concept of hermeneutic psychotherapy as a therapeutically and epistemically favorable framework for evaluating communicational acts in psychotherapy. nema. (shrink)

Social inequality may obstruct the generation of knowledge, as the rich and powerful may bring about social acceptance of skewed views that suit their interests. Epistemic equality in the context of justification is a means of preventing such obstruction. Drawing on social epistemology and theories of equality and distributive justice, we provide an account of epistemic equality. We regard participation in, and influence over a knowledge-generating discourse in an epistemic community as a limited good that needs to be justly (...) distributed among putative members of the community. We argue that rather than trying to operationally formulate an exact criterion for distributing this good, epistemic equality may be realized by insisting on active participation of members of three groups in addition to credited experts: relevant disempowered groups, relevant uncredited experts, and relevant stakeholders. Meeting these conditions fulfills the political, moral, and epistemic aims of epistemic equality. (shrink)

This article uses a comparative approach to elucidate the ways in which women’s testimony operated in South Africa’s Truth and Reconciliation Commission and in Rwanda’s gacaca courts, to draw out some important lessons for future mechanisms of transitional justice. The author argues that while restorative justice mechanisms allow more space for including women’s own experiences of human rights violation than conventional trials, they may pose greater danger for those who testify. A significant problem resulting from the narratives of (...) both gacaca and the TRC is the way in which a ‘singular woman victim’ emerges that elides the complexity of women’s experiences in collective memory. It is feared that what has emerged from the official discourse of these two truth-seeking mechanisms is a one-dimensional female victim subject – in South Africa, she is of secondary importance, in Rwanda, she can only be Tutsi, and in both cases she is stripped of all agency, where rape becomes definitive of her experience. (shrink)

Epistemic injustice is injustice to a person qua knower. In one form of this phenomenon a speaker’s testimony is denied credence in a way that wrongs them. I argue that the received definition of this testimonial injustice relies too heavily on epistemic criteria that cannot explain why the moral concept of injustice should be invoked. I give an account of the nature of the wrong of epistemic injustice that has it depend not on the accuracy of judgments that are (...) used or made in the process of deciding whether to listen to or trust a speaker, but on whether the basis of the decision about a speaker is their reliability or their identity, and the account explains why the latter is a moral wrong. A key difference between the two accounts is how they classify the use of true statistical generalizations connecting identity and reliability. The received view implies that this cannot be an injustice, while the view proposed here implies that it can. As such the new view appears to imply a conflict between moral and epistemic obligations: it is morally wrong to use true statistical generalizations in certain contexts, yet they are part of our evidence, and we are epistemically obligated to take all of our evidence into account. I reconcile these two thoughts without adopting the currently popular view that a belief’s being morally wrong makes it epistemically unjustified, and I argue that following the principle of total evidence encourages epistemic justice rather than thwarting it. (shrink)

Commemorating the life and work of Dr John Bennett; his lifelong contribution to Early Childhood Education and Care, and his ongoing influence on policy, research and practice in this field, In Search of Social Justice is a tribute to a preeminent scholar and his vision for an equitable and high-quality start for all children. Working tirelessly to raise the profile of Early Childhood Education and Care, and prioritise the rights and well-being of children and families in national and international (...) policy, John Bennet played an invaluable role in improving the position of young children globally. In Search of Social Justice takes John's legacy as a starting point for critical examination of the changing discourse on Early Childhood Education, and argues for the continued relevance of his approach. Drawing on personal reflections, vignettes and testimonials from eminent authors who shared their professional lives with him, the book foregrounds John's insistence that we must continue to shape policy and provision through inquiry, high-quality evidence, passion and persistence, improving the early experiences of all young children. As much a celebration of John's work and achievements, as a call to collective action towards achieving his vision for equitable, quality early childhood education and care, this is a fascinating read for students, researchers and activists in the field of Early Childhood Education and Care. (shrink)

In this work, Carol V.A. Quinn considers survivors’ arguments in the debate concerning the ethics of using Nazi medical data, showing what it would mean to take their claims seriously. Her approach is interdisciplinary, incorporating philosophy, psychology, trauma research, survivors’ testimony, Holocaust poetry, literature, and the Hebrew Bible.

In February 2012, Canada's Truth and Reconciliation Commission released an interim report that detailed its findings based on extensive testimony by former students of the nation's residential school system, a system designed to forcibly assimilate aboriginal peoples. The report concludes that the state must play an active role in the restoration of indigenous culture and knowledge. It is against this background that Christopher Martin analyzes the idea of aboriginal educational rights. The concern here is not so much with aboriginal persons' (...) right to a fair share of educational provision, but with the aboriginal person's right to reassert authority over his or her developmental interests, including an interest in culture and identity. The specific role of educational rights in such debates remains an important one, especially since such discussions impinge on difficult issues of state sovereignty and cultural rights. In this essay Martin examines various justifications of aboriginal educational rights and develops a Habermasian justification that remains consistent with individual rights. (shrink)

Noninvasive prenatal testing promises to enhance women's reproductive autonomy by providing genetic information about the fetus, especially in the detection of genetic impairments like Down syndrome. In practice, however, NIPT provides opportunities for intensified manipulation and control over women's reproductive decisions. Applying Miranda Fricker's concept of epistemic injustice to prenatal screening, this article analyzes how medical professionals impair reproductive decision-making by perpetuating testimonial injustice. They do so by discrediting positive parental testimony about what it is like to raise a (...) child with DS. We argue that this testimonial injustice constitutes a twofold harm: people with DS and their family members who claim that parenting a child with DS may be a rewarding and joyous experience are harmed when they are systematically silenced, disbelieved, and/or denied epistemic credibility by medical professionals, and pregnant women are harmed since they might make poorly informed choices without access to all relevant information. The broader implication of the analysis is that epistemic justice is a precondition of reproductive autonomy. We conclude by calling for federal oversight of the acquisition and dissemination of information that prospective parents receive following a positive diagnosis of DS to ensure that it is comprehensive and up to date. (shrink)

According to Scheck, Newfeld, and Dwyer (2000), there have been innumerable individuals wrongly convicted of a crime and sentenced to life imprisonment or to death based upon faulty evidence. The historical development of DNA evidence as a tool in the investigative process during the past 25 years is explained/analyzed, and the role of eyewitness evidence in the wrongful conviction of innocent individuals. This paper culminates in the Anthony Capozzi case study where eyewitness testimony wrongfully imprisoned a man before the advent (...) of DNA technology and which ultimately freed him years after the crime. The methodology used is the examination of journal articles, books, and newspaper articles on the phenomenon of wrongful convictions. (shrink)