Feminist Social Epistemology

A credible fear test is an in-depth interview process given to undocumented people of any age arriving at a U.S. port of entry to determine qualification for asylum-seeking. Credible fear tests as a typical immigration procedure demonstrate not only what structural epistemic violence looks like but also how this violence lives in and through the design of asylum policy. Key terms of credible fear tests such as “significant possibility,” “evidence,” “consistency,” and “credibility” can never be neutral in the context of (...) colonial administrative violence. We argue that these terms function as mechanisms of exclusion and demonstrate that the capacity to be violent (i.e. to be an instrument of violence) is built into these tests, ready to be deployed when an administration wants to stop certain people from certain places from entering without regard to their own ongoing occupation of Indigenous lands. Not only are such practices instruments of violence, but the concept of ‘violence’ continues to be organized, defined, and conceived within settler colonial epistemologies so as to exclude these administrative forms of violence deployed against Indigenous peoples and people of color from recognition and nameability. We argue that this is an intentional strategy of colonial power preservation that is functionalized through social processes that remain structurally stable and self-regenerating across historical and political changes. (shrink)

In recent years postcolonial and decolonial feminisms have become increasingly salient in philosophy, yet they are often deployed as conceptual stand-ins for generalized feminist critiques of eurocentrism (without reference to the material contexts anti-colonial feminisms emanate from), or as a platform to re-center internal debates between dominant European theories/ists under the guise of being conceptually ‘decolonized’. By contrast, this article focuses on the specific contexts, issues and lifeworld concerns that ground anti-colonial feminisms and provides a brief survey of the literature. (...) Because the terms implicated in the analysis (Third World, transnational, women of color, postcolonial, decolonial and indigenous feminisms) are highly contested on their own, I only provide provisional and non-foundational histories and definitions for the purposes of resisting philosophical appropriations of anti-colonial feminist theory. (shrink)

This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...) v Edmondson SKQB (2003). Both were sexual assault cases. In George a thirty-five year old woman with five children was tried and ultimately acquitted of sexual assault and sexual interference after she was assaulted in her home by a fourteen year old male. Striking similarities between the reasoning and language in the trial decision in George and the sentencing decision in Edmondson demonstrate entrenched antipathy for sexual assault law and the fundamental principles of justice, equality, and impartiality. This is arguably judicial misconduct, persisting despite access in the interim to many years of judicial education programming, not merely legal error. The problem does not lie with the judge alone, however. A toxic mix of misogyny and blindly zealous enforcement of the law appears to have undermined the administration of justice in George from the outset at all levels. The problems are systemic. Were this not the case, it is likely that Barbara George would not have been charged. (shrink)

This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether (...) a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by s. 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded on their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable” given what the accused knew, the legal definition of consent in section 273.1 is easily over-looked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. -/- That is precisely what we see here; the result is often failure to enforce the law. The author proposes: -/- (a) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and -/- (b) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent. (shrink)

The exculpatory rhetorical power of the term “honest belief” continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a “belief” in consent was or was not reckless or wilfully blind. An accused's “honest belief” routinely begs this question, leading to a truncated analysis of criminal (...) responsibility, and error. The problem illustrates how easily old rhetoric perpetuates assumptions that no longer have a place in Canadian law. (shrink)

The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific changes (...) in decision-making processes and practices. These changes are required to achieve a standard of decision-making that is consistent with the public interest in the administration of justice within a constitutional framework under the social and political conditions of the early 21st century. The essay illustrates the application of the principles and methods of legitecture to analysis of problems of institutional design in law. (shrink)

The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...) sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

Intersectionality is a term that arose within the black feminist intellectual tradition for the purposes of identifying interlocking systems of oppression. As a descriptive term, it refers to the ways human identity is shaped by multiple social vectors and overlapping identity categories (such as sex, race, class) that may not be readily visible in single-axis formulations of identity, but which are taken to be integral to robustly capture the multifaceted nature of human experience. As a diagnostic term, it captures the (...) confluence of power and domination on the social construction of identity in order to remedy concrete harms that result from this convergence. It is not a prescriptive methodology or closed system of analysis, but rather an open-ended hermeneutic lens through which interconnected systems of oppression can come into focus in the fight for social justice. (shrink)

What is the intersectional thesis a thesis about? Some understand it as a claim about the metaphysics of oppression, social kinds, or experience; about the limits of antidiscrimination law or identity politics; or about the importance of fuzzy sets and multifactor analysis in social science. We argue, however, that intersectionality, interpreted as a thesis in any particular theoretical domain, faces regress problems. We propose that headway on these and other questions can be made when intersectionality is modeled as a regulative (...) ideal, i.e., a guiding methodological and practical principle, and not as a general theory or hypothesis. Qua ideal, intersectionality requires activists and inquirers to treat existing classification schemes as if they are indefinitely mutually informing, with the specific aim of revealing and resisting inequality and injustice. Qua regulative, intersectionality points to a rich and expanding set of heuristics for guiding social-scientific research and the construction of multifaceted political coalitions. (shrink)

I defend an empirically-oriented approach to the analysis and remediation of social injustice. My springboard for this argument is a debate—principally represented here between Tommie Shelby and Elizabeth Anderson, but with much deeper historical roots and many flowering branches—about whether racial-justice advocacy should prioritize integration (bringing different groups together) or community development (building wealth and political power within the black community). Although I incline toward something closer to Shelby’s “egalitarian pluralist” approach over Anderson’s single-minded emphasis on integration, many of Shelby’s (...) criticisms of integrationism are misguided, and his handling of the empirical literature is profoundly unbalanced. In fact, while both Shelby and Anderson defend the importance of social science to their projects, I’ll argue that each takes a decidedly unempirical approach, which ultimately obscures the full extent of our ignorance about what we can and ought to do going forward. A more authentically empirical tack would be more epistemically humble, more holistic, and less organized around what I’ll call prematurely formulated “Grand Unified Theories of Social Change.” I defend a more “diversified experimentalist” approach, which rigorously tests an array of smaller-scale interventions before trying to replicate and scale up the most promising results. (shrink)

I offer a working analysis of the concept of 'epistemic corruption', then explain how it can help us to understand the relations between epistemic vices and social oppression, and use this to motivate a style of vice epistemology, inspired by the work of Robin Dillon, that I call critical character epistemology.

I survey some points of contact between contemporary vice epistemology and feminist philosophy of science.

Epistemic exploitation occurs when privileged persons compel marginalized persons to educate them about the nature of their oppression. I argue that epistemic exploitation is marked by unrecognized, uncompensated, emotionally taxing, coerced epistemic labor. The coercive and exploitative aspects of the phenomenon are exemplified by the unpaid nature of the educational labor and its associated opportunity costs, the double bind that marginalized persons must navigate when faced with the demand to educate, and the need for additional labor created by the default (...) skepticism of the privileged. I explore the connections between epistemic exploitation and the two varieties of epistemic injustice that Fricker (2007) identifies, testimonial and hermeneutical injustice. I situate epistemic exploitation within Dotson’s (2012; 2014) framework of epistemic oppression, and I address the role that epistemic exploitation plays in maintaining active ignorance and upholding dominant epistemic frameworks. (shrink)

The practice of screening potential users of reproductive services is of profound social and political significance. Access screening is inconsistent with the principles of equality and self-determination, and violates individual and group human rights. Communities that strive to function in accord with those principles should not permit access screening, even screening that purports to be a benign exercise of professional discretion. Because reproductive choice is controversial, regulation by law may be required in most jurisdictions to provide effective protection for reproductive (...) rights. In Canada, for example, equal access can, and should be, guaranteed by federal regulations imposing strict conditions on the licences of fertility clinics. (shrink)

The underrepresentation of women, people of color, and especially women of color—and the corresponding overrepresentation of white men—is more pronounced in philosophy than in many of the sciences. I suggest that part of the explanation for this lies in the role played by the idealized rational self, a concept that is relatively influential in philosophy but rarely employed in the sciences. The idealized rational self models the mind as consistent, unified, rationally transcendent, and introspectively transparent. I hypothesize that acceptance of (...) the idealized rational self leads philosophers to underestimate the influence of implicit bias on their own judgments and prevents them from enacting the reforms necessary to minimize the effects of implicit bias on institutional decision-making procedures. I consider recent experiments in social psychology that suggest that an increased sense of one’s own objectivity leads to greater reliance on bias in hiring scenarios, and I hypothesize how these results might be applied to philosophers’ evaluative judgments. I discuss ways that the idealized rational self is susceptible to broader critiques of ideal theory, and I consider some of the ways that the picture functions as a tool of active ignorance and color-evasive racism. (shrink)

According to Miranda Fricker, a hermeneutical injustice occurs when there is a deficit in our shared tools of social interpretation, such that marginalized social groups are at a disadvantage in making sense of their distinctive and important experiences. Critics have claimed that Fricker's account ignores or precludes a phenomenon I call hermeneutical dissent, where marginalized groups have produced their own interpretive tools for making sense of those experiences. I clarify the nature of hermeneutical injustice to make room for hermeneutical dissent, (...) clearing up the structure of the collective hermeneutical resource and the fundamental harm of hermeneutical injustice. I then provide a more nuanced account of the hermeneutical resources in play in instances of hermeneutical injustice, enabling six species of the injustice to be distinguished. Finally, I reflect on the corrective virtue of hermeneutical justice in light of hermeneutical dissent. (shrink)

This paper critiques a deferential attitude about the epistemology of sexual assault testimony. According to the deferential attitude, individuals and institutions should decline to act on allegations of sexual assault unless and until they are proven in a formal setting, i.e., a criminal court. We attack this deference from several angles, including the pervasiveness of rape culture in the criminal justice system, the epistemology of testimony and norms connecting knowledge and action, the harms of tacit idealizations away from important contextual (...) factors, and a contextualist semantics for 'knows' ascriptions. (shrink)

While feminist epistemologists have made important contributions to the deconstruction of the traditional representationalist model, some elements of the Cartesian legacy remain. For example, relativism continues to play a role in the underdetermination thesis used by Longino and Keller. Both argue that because scientific theories are underdetermined by evidence, theory choice must be relative to interpretive frameworks. Utilizing Davidson's philosophy of language, I offer a nonrepresentationalist alternative to suggest how relativism can be more fully avoided.

Recent increases in the rates of parental refusal of routine childhood vaccination have eroded many countries’ “herd immunity” to communicable diseases. Some parents who refuse routine childhood vaccines do so because they deny the mainstream medical consensus that vaccines are safe and effective. I argue that one reason these vaccine denialists disagree with vaccine proponents about the reasons in favor of vaccination is because they also disagree about the sorts of practices that are conducive to good reasoning about healthcare choices. (...) Vaccine denialists allocate epistemic authority more democratically than do mainstream medical professionals. They also sometimes make truth ascriptions for nonepistemic reasons, fail to recognize legitimate differences in expertiseand competence, and seek uncritical affirmation of their existing beliefs. By focusing on the different epistemic values and practices of vaccine denialists and mainstream medical professionals, I locate my discussion of vaccine denialism within broader debates about rationality. Furthermore, I argue that gender inequality and gendered conceptions of reason are important parts of the explanation of vaccine denialism. Accordingly, I draw upon feminist work—primarily feminist social epistemology—to help explain and evaluate this form of vaccine refusal. (shrink)

While most of healthcare research and practice fully endorses evidence-based healthcare, a minority view borrows popular themes from philosophy of science like underdetermination and value-ladenness to question the legitimacy of the evidence-based movement’s philosophical underpinnings. While the feminist origins go unacknowledged, those critics adopt a feminist reading of the “gap argument” to challenge the perceived objectivism of evidence-based practice. From there, the critics seem to despair over the “subjective elements” that values introduce to clinical reasoning, demonstrating that they do not (...) subscribe to feminist science studies’ normative program——where contextual values can enable good science and justified decisions. In this paper, I investigate why it is that the critics of evidence-based medicine adopt feminist science’s characterization of the problem but resist the productive solutions offered by those same theorists. I suggest that the common feminist empiricist appeal to idealized epistemic communities is impractical for those working within the current biomedical context and instead offer an alternate stream of feminist research into the empirical content of values (found in the work of Elizabeth Anderson and Sharyn Clough) as a more helpful recourse for facilitating the important task of legitimate and justified clinical decision-making. I use a case study on clinical decision-making to illustrate the fruitfulness of the latter feminist empiricist framework. -/- See response by Sharyn Clough: http://wp.me/p1Bfg0-1aN See reply by Maya Goldenberg: http://wp.me/p1Bfg0-1oY. (shrink)

In the context of feminist and postmodern thought, traditional conceptions of masculinity and what it means to be a “Real Man” have been critiqued. In Genevieve Lloyd's The Man of Reason, this critique takes the form of exposing the effect that the distinctive masculinity of the “man of reason” has had on the history of philosophy. One major feature of the masculine-feminine dichotomy will emerge as a key notion for understanding the rest of the paper: the dichotomy of reason-feeling, a (...) parallel and a foundational aspect to the dichotomy of masculinity and femininity. In exploring the history of symbolic conceptions of masculinity in ancient Greece, the Renaissance, and the present, one finds that the oppression of women is integrally linked to the traditional tie between masculinity and reason. There have been many efforts in recent feminist philosophy to rewrite or redefine “Woman” in such a way as to alleviate the oppression of women. I argue that the effectiveness of rewriting Woman for this purpose is problematic, primarily because any rewriting of this type must occur in the current historical context of hierarchical dualisms, like Man-Woman, masculine-feminine, male-female. These binary oppositions arguably find their roots in Pythagorean philosophy and can be traced through the Renaissance to our current historical context. It is these dualisms that have traditionally valued the masculine side of the Man-Woman dichotomy more than the feminine. Further, it will be argued that the hierarchical dualism of Man and Woman is so pervasive that if we rewrite or redefine the inferior, deprivileged side of that dualism, we cannot correct its devalued status. Instead, we redefine that which is undervalued but retain its devalued status. This particular aspect of attempts to critique hierarchical dualisms like reason and feeling has been reflected in the writings of many feminists, male and female. This paper will show that in cases where women attempt to redefine the dichotomy by revaluing the traditionally feminine (like feelings and emotions) over the traditionally masculine (like reason) their work is often mistakenly criticized for being purely political; conversely, when men attempt to redefine the same dichotomy in an attempt to allow men to “get back in touch with their feelings,” to be nurturers, their work is described in terms of providing a better epistemology. The current literature on masculinity explores alternatives to rewriting or redefining Woman that try to avoid the problem of status remaining with redefinition. This alternative is rewriting or redefining Man. Through redefining Man, one may be able to reconceptualize the privileged side of the hierarchical dualism in such a way that it is no longer privileged. Deprivileging, as well as redefining Man, is argued by theorists of masculinity to be possible because while the devalued status of the inferior side of a hierarchical dualism tends to keep the same status when redefined, it may be possible to redefine the privileged side of the dualism in such a way that it loses its privileged status. Unfortunately, many of these attempts to rewrite or redefine masculinity have detrimental faults of their own. Finally, this paper will discuss more promising possibilities for new definitions of Man, as well as a vision for better interaction between the work of women and men in general. (shrink)

The idea of a philosophical Other as comparativists have often historically used it to signify radical alterity, although sometimes a remedy and correction for the erroneous generalizations which originate from a presupposition of human sameness, merely shifts the center of philosophy's unchallenged assumptions in at least two ways. First, the notion of a philosophical Other avoids an explicit characterization of how one recognizes that one is philosophizing in the sphere of this Other and of what "otherness" is philosophically interesting. Second, (...) the notion of a philosophical Other is unable to capture and describe the dynamic, ever-changing relations that serve to demarcate philosophical traditions or spatio-temporal webs of thinkers in the first place. For the sake of the comparative project of exposing the comparativist's own culturally-embedded assumptions, comparative methodology should allow for the possibility of analyzing more than one place where similarities and differences can present themselves at the same time. In short, comparativists would serve their own interests better if they began to approach their projects in recognition of a complex, limitless, and dynamic array of sameness and difference, instead of with premature assumptions of radical alterity. (shrink)