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48 found
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  1. Asylum, Credible Fear Tests, and Colonial Violence.Elena Ruíz & Ezgi Sertler - manuscript
    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 (...)
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  2. "Just the Facts": Thick Concepts and Hermeneutical Misfit.Rowan Bell - forthcoming - Philosophical Quarterly (TBA).
    Oppressive ideology regularly misrepresents features of structural injustice as normal or appropriate. Resisting such injustice therefore requires critical examination of the evaluative judgments encoded in shared concepts. In this paper, I diagnose a mechanism of ideological misevaluation, which I call "hermeneutical misfit." Hermeneutical misfit occurs when thick concepts, or concepts which both describe and evaluate, mobilize ideologically warped evaluative judgments which do not fit the facts (e.g. "slutty"). These ill-fitted thick concepts in turn are regularly deployed as if they merely (...)
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  3. Epistemic Character Damage and Normative Contextualism.Alice Monypenny - forthcoming - Journal of Philosophical Research.
    Recent proposals for a “critical character epistemology” (Kidd 2020) attend to the ways in which environments, institutions, social practices, and relationships promote the development of epistemic vice whilst acknowledging that the contexts of differently situated agents demand different epistemic character traits. I argue that a tension arises between two features of critical character epistemology: the classification as “epistemically corrupting” (Kidd 2020) of environments, institutions, or structures which promote the development of epistemic vice; and commitment to normative contextualism – the doctrine (...)
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  4. Social Media Experiences of LGBTQ+ People: Enabling Feelings of Belonging.Gen Eickers - 2024 - Topoi.
    This paper explores how the social and affective lives of people with marginalized social identities are particularly affected by digital influences. Specifically, the paper examines whether and how social media enables LGBTQ+ people to experience feelings of belonging. It does so by drawing on literature from digital epistemology and phenomenology of the digital, and by presenting and analyzing the results of a qualitative study consisting of 25 interviews with LGBTQ+ people. The interviews were conducted to explore the social media experiences (...)
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  5. The Bellwether of Oppression: Anger, Critique, and Resistance.Jasper Friedrich - 2024 - Hypatia.
    Feminists have long argued that emotions have a rightful place in politics. Anger, specifically, is often said to play a crucial role in alerting people to oppression and motivating resistance. The task of this paper is to elaborate these claims and to outline a conception of the political value of anger. In doing so, I argue against the view that anger is valuable if and because it expresses a sound moral judgment. Instead, we should see rage, in the first place, (...)
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  6. Epistemic Contextualism and the Sociality of Knowledge.Jonathan Ichikawa - 2024 - In Jennifer Lackey & Aidan McGlynn (eds.), Oxford Handbook of Social Epistemology. Oxford University Press.
    This chapter has four central aims. First, in §1, I distinguish two ideas within epistemology that sometimes travel under the name ‘contextualism’ — the ‘situational contextualist’ idea that an individual’s context, especially their social context, can make for a difference in what they know, and the ‘linguistic contextualist’ idea that discourse using the word ‘knows’ and its cognates is context-sensitive, expressing dif- ferent contents in different conversational contexts. -/- Second, in §2, I situate contextualism with respect to several influential ideas (...)
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  7. An Epistemic Injustice Critique of Austin’s Ordinary Language Epistemology.Savannah Pearlman - 2024 - Hypatia:1-21.
    J.L. Austin argues that ordinary language should be used to identify when it is appropriate or inappropriate to make, accept, or reject knowledge claims. I criticize Austin’s account: In our ordinary life, we often accept justifications rooted in racism, sexism, ableism, and classism as reasons to dismiss knowledge claims or challenges, despite the fact such reasons are not good reasons. Austin’s Ordinary Language Epistemology (OLE) classifies the discounting of knowledge claims in classic cases of epistemic injustice as legitimate ordinary maneuvers. (...)
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  8. Statistics as Figleaves.Felix Bräuer - 2023 - Topoi 42 (2):433-443.
    Recently, Jennifer Saul (“Racial Figleaves, the Shifting Boundaries of the Permissible, and the Rise of Donald Trump”, 2017; “Racist and Sexist Figleaves”, 2021) has explored the use of what she calls “figleaves” in the discourse on race and gender. Following Saul, a figleaf is an utterance that, for some portion of the audience, blocks the conclusion that some other utterance, R, or the person who uttered R is racist or sexist. Such racial and gender figleaves are pernicious, says Saul, because, (...)
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  9. (1 other version)Social Kind Generics and the Dichotomizing Perspective.Will Fraker - 2023 - Philosophical Psychology 37:1328-1348.
    Generics about social kinds (or GSKs) frequently propagate descriptions that carry normative force (e.g., 'women are emotional'). Some philosophers of language attribute this to GSKs’ tendency to transmit essentialist beliefs about social kinds. According to these accounts, utterances of GSKs implicate that there is something in the nature of social kinds that causes them to possess the properties described, and that individual members of these social kinds therefore ought to exhibit (or be expected to exhibit) these properties. Here, I draw (...)
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  10. Testimonial Smothering and Domestic Violence Disclosure in Clinical Contexts.Jack Warman - 2023 - Episteme 20 (1):107-124.
    Domestic violence and abuse (DVA) are at last coming to be recognised as serious global public health problems. Nevertheless, many women with personal histories of DVA decline to disclose them to healthcare practitioners. In the health sciences, recent empirical work has identified many factors that impede DVA disclosure, known as barriers to disclosure. Drawing on recent work in social epistemology on testimonial silencing, we might wonder why so many people withhold their testimony and whether there is some kind of epistemic (...)
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  11. Guilt, Blame, and Oppression: A Feminist Philosophy of Scapegoating.Celia Edell - 2022 - Dissertation, Mcgill University
    In this dissertation I develop a philosophical theory of scapegoating that explains the role of blame-shifting and guilt avoidance in the endurance of oppression. I argue that scapegoating masks and justifies oppression by shifting unwarranted blame onto marginalized groups and away from systems of oppression and those who benefit from them, such that people in dominant positions are less inclined to notice or challenge its workings. I first identify a gap in our understanding of oppression, namely how oppression endures despite (...)
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  12. Competition in philosophy is a feminist issue.Ben Kilby - 2022 - Journal of Philosophy in Schools 9 (2):90-113.
    The role of competition in philosophy is not just a pedagogical concern, but also a feminist concern. Competitive philosophy in schools is intrinsically linked to Janice Moulton’s feminist critique of academic philosophy referred to as ‘The Adversary Method’. She argues that dialogue that emphasises adversarial methods of argumentation promote dominant notions of masculinity. Many philosophers and educators argue that this traditional ideal of masculinity and the adversarial mode of communicating are problematic for a variety of reasons. There has also been (...)
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  13. Emotion.Charlie Kurth - 2022 - New York, NY: Routledge.
    Emotions have long been of interest to philosophers and have deep historical roots going back to the Ancients. They have also become one of the most exciting areas of current research in philosophy, the cognitive sciences, and beyond. -/- This book explains the philosophy of the emotions, structuring the investigation around seven fundamental questions: What are emotions? Are emotions natural kinds? Do animals have emotions? Are emotions epistemically valuable? Are emotions the foundation for value and morality? Are emotions the basis (...)
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  14. Shadowboxing with Social Justice Warriors. A Review of Endre Begby’s Prejudice: A Study in Non-Ideal Epistemology.Alex Madva - 2022 - Philosophical Psychology.
    Endre Begby’s Prejudice: A Study in Non-Ideal Epistemology engages a wide range of issues of enduring interest to epistemologists, applied ethicists, and anyone concerned with how knowledge and justice intersect. Topics include stereotypes and generics, evidence and epistemic justification, epistemic injustice, ethical-epistemic dilemmas, moral encroachment, and the relations between blame and accountability. Begby applies his views about these topics to an equally wide range of pressing social questions, such as conspiracy theories, misinformation, algorithmic bias, discrimination, and criminal justice. Through it (...)
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  15. Self-trust and critical thinking online: a relational account.Lavinia Marin & Samantha Marie Copeland - 2022 - Social Epistemology (6):696-708.
    An increasingly popular solution to the anti-scientific climate rising on social media platforms has been the appeal to more critical thinking from the user's side. In this paper, we zoom in on the ideal of critical thinking and unpack it in order to see, specifically, whether it can provide enough epistemic agency so that users endowed with it can break free from enclosed communities on social media (so called epistemic bubbles). We criticise some assumptions embedded in the ideal of critical (...)
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  16. Epistemic Injustice and Collective Wrongdoing: Introduction to Special Issue.Melanie Altanian & Nadja El Kassar - 2021 - Social Epistemology 35 (2):99-108.
    In this introduction to the special issue ‘Epistemic Injustice and Collective Wrongdoing,’ we show how the eight contributions examine the collective dimensions of epistemic injustice. First, we contextualize the articles within theories of epistemic injustice. Second, we provide an overview of the eight articles by highlighting three central topics addressed by them: i) the effects of epistemic injustice and collective wrongdoing, ii) the underlying epistemic structures in collective wrongdoing, unjust relations and unjust societies, and iii) the remedies and strategies of (...)
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  17. Rape Culture and Epistemology.Bianca Crewe & Jonathan Jenkins Ichikawa - 2021 - In Jennifer Lackey (ed.), Applied Epistemology. New York, NY: Oxford University Press. pp. 253–282.
    We consider the complex interactions between rape culture and epistemology. A central case study is the consideration of 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 (...)
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  18. A Tale of Two Injustices: Epistemic Injustice in Philosophy.Emmalon Davis - 2021 - In Jennifer Lackey (ed.), Applied Epistemology. New York, NY: Oxford University Press. pp. 215-250.
    This chapter has two aims. First, I distinguish between two forms of testimonial injustice: identity-based testimonial injustice and content-based testimonial injustice. Second, I utilize this distinction to develop a partial explanation for the persistent lack of diverse practitioners in academic philosophy. Specifically, I argue that both identity-based and content-based testimonial injustice are prevalent in philosophical discourse and that this prevalence introduces barriers to participation for those targeted. As I show, the dual and compounding effects of identity-based and content-based testimonial injustice (...)
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  19. Exploring the Craft of Exilic Thinking/becoming.Nicole des Bouvrie - 2021 - Open Philosophy 4 (1):124-135.
    Being-at-home in a particular, determined, world is dangerous for thinking. For thinking to be thinking/becoming, one should not get too comfortable. For thinking is to not arrive back home, in the same place one begins. But how to escape the world that has created who you are, gave you purpose and a past? How to make sure the future is not a repetition of the Same? How to break away from something that you need? In this article, my aim is (...)
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  20. The Social Construction of Human Categories. Review of Ásta, Categories We Live By: The Construction of Sex, Gender, Race, and Other Social Categories (New York: Oxford University Press, 2018). [REVIEW]Jonathan Y. Tsou - 2021 - Metascience 30 (1):115-118.
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  21. Does False Consciousness Necessarily Preclude Moral Blameworthiness?: The Refusal of the Women Anti-Suffragists.Lee Wilson - 2021 - Hypatia 36 (2):237–258.
    Social philosophers often invoke the concept of false consciousness in their analyses, referring to a set of evidence-resistant, ignorant attitudes held by otherwise sound epistemic agents, systematically occurring in virtue of, and motivating them to perpetuate, structural oppression. But there is a worry that appealing to the notion in questions of responsibility for the harm suffered by members of oppressed groups is victim-blaming. Individuals under false consciousness allegedly systematically fail the relevant rationality and epistemic conditions due to structural distortions of (...)
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  22. The Epistemological Relevance of Feminist Hashtags.Baiju Anthony - 2020 - Dissertation, University of Delhi
    There are different ways to study feminism. One of the ways is to study it by analyzing the waves of feminism. Though there are differences of opinion on how many waves of feminism have been so far, we would like to hold on to the generally accepted view that there are four waves of feminism so far and we try to research into one of the hallmarks of the fourth wave feminism, feminist hashtag. Though some people consider hashtags momentary and (...)
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  23. Epistemic Corruption and Social Oppression.Ian James Kidd - 2020 - In Ian James Kidd, Quassim Cassam & Heather Battaly (eds.), Vice Epistemology. New York, NY: Routledge. pp. 69-87.
    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.
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  24. Epistemic Vices and Feminist Philosophies of Science.Ian James Kidd - 2020 - In Kristen Intemann & Sharon Crasnow (eds.), The Routledge Handbook of Feminist Philosophy of Science. New York, NY: Routledge. pp. 157-169.
    I survey some points of contact between contemporary vice epistemology and feminist philosophy of science.
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  25. Speaking bodies – silenced voices: Child protection and the knowledge culture of ‘evidencing’.Zlatana Knezevic - 2020 - Global Studies of Childhood - Online.
    Using the metaphors body and voice and drawing on critical contributions on biopolitics, this article interrogates children’s participation rights in a knowledge culture of ‘evidencing’. With child welfare and protection practice as an empirical example, I analyse written assessment reports from a Swedish child welfare agency, all exemplifying how social workers evidence needs for protection and reasons for removing children from the home. I discuss how ‘evidencing’ equals a knowledge culture of seeing-believing and predicting-believing and the search for visibly damaged (...)
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  26. Transsexuality, the Curio, and the Transgender Tipping Point.Amy Marvin - 2020 - In Perry Zurn (ed.), Curiosity Studies: A New Ecology of Knowledge. Minneapolis, MN, USA: University of Minnesota Press. pp. 188-208.
    This essay develops a concept of curiotization, through which people are reduced to a curio for the fascination of others. I argue that trans people as they have appeared in media, philosophy, and narratives of history are curiotized as forever fascinating, new, titillating, and controversial. In contrast to the narrative of momentous trans progress in the mid-2010s, I point out that frameworks such as the "Transgender Tipping Point" worked to position its "trans moment" as unprecedented and always on the threshold (...)
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  27. An argument for egalitarian confirmation bias and against political diversity in academia.Uwe Peters - 2020 - Synthese 198 (12):11999-12019.
    It has recently been suggested that politically motivated cognition leads progressive individuals to form beliefs that underestimate real differences between social groups and to process information selectively to support these beliefs and an egalitarian outlook. I contend that this tendency, which I shall call ‘egalitarian confirmation bias’, is often ‘Mandevillian’ in nature. That is, while it is epistemically problematic in one’s own cognition, it often has effects that significantly improve other people’s truth tracking, especially that of stigmatized individuals in academia. (...)
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  28. The Puzzle of Humility and Disparity.Dennis Whitcomb, Heather Battaly, Jason Baehr & Daniel Howard-Snyder - 2020 - In Mark Alfano, Michael Patrick Lynch & Alessandra Tanesini (eds.), The Routledge Handbook of the Philosophy of Humility. New York, NY: Routledge. pp. 72-83.
    Suppose that you are engaging with someone who is your oppressor, or someone who espouses a heinous view like Nazism or a ridiculous view like flat-earthism. In contexts like these, there is a disparity between you and your interlocutor, a dramatic normative difference across which you are in the right and they are in the wrong. As theorists of humility, we find these contexts puzzling. Humility seems like the *last* thing oppressed people need and the *last* thing we need in (...)
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  29. Intersectionality as a Regulative Ideal.Katherine Gasdaglis & Alex Madva - 2019 - Ergo: An Open Access Journal of Philosophy 6.
    Appeals to intersectionality serve to remind us that social categories like race and gender cannot be adequately understood independently from each other. But what, exactly, is the intersectional thesis a thesis about? Answers to this question are remarkably diverse. Intersectionality is variously understood as a claim about the nature of social kinds, oppression, or experience ; about the limits of antidiscrimination law or identity politics ; or about the importance of fuzzy sets, multifactor analysis, or causal modeling in social science.
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  30. Zonder de Ander, ook geen zelf.Evelien Geerts - 2019 - Wijsgerig Perspectief 59 (1).
    Emancipatie en integratie, nationalisme, machtsonderdrukking en privileges, (super)diversiteit en erkenning. Het zijn slechts een paar van de beladen termen waar we tegenwoordig veel mee geconfronteerd worden, en dat in de context van persoonlijke identiteitsvorming als in debatten omtrent groepsidentiteit, de vraag naar minderheidsrechten en de gepercipieerde conflicten met de zogenaamde democratische Westerse Verlichtingsidealen die daar vervolgens uit voortkomen. Heel veel van deze politieke discussies die momenteel gevoerd worden binnen de politiek en de media draaien om ‘identiteit’, waardoor dit concept helaas (...)
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  31. Integration, Community, and the Medical Model of Social Injustice.Alex Madva - 2019 - Journal of Applied Philosophy 37 (2):211-232.
    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 (...)
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  32. Flaming Misogyny or Blindly Zealous Enforcement? The Bizarre Case of R v George.Lucinda Vandervort - 2019 - Manitoba Law Journal 42 (3):1-38.
    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 (...)
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  33. Implicit Bias and the Idealized Rational Self.Nora Berenstain - 2018 - Ergo: An Open Access Journal of Philosophy 5:445-485.
    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 (...)
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  34. Spitting Out the Kool-Aid: A Review of Kate Manne’s Down Girl: The Logic of Misogyny. [REVIEW]Arianna Falbo - 2018 - Social Epistemology Review and Reply Collective 7:12-17.
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  35. Hermeneutical Dissent and the Species of Hermeneutical Injustice.Trystan S. Goetze - 2018 - Hypatia 33 (1):73-90.
    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, (...)
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  36. Offending White Men: Racial Vilification, Misrecognition, and Epistemic Injustice.Louise Richardson-Self - 2018 - Feminist Philosophy Quarterly 4 (4):1-24.
    In this article I analyse two complaints of white vilification, which are increasingly occurring in Australia. I argue that, though the complainants (and white people generally) are not harmed by such racialized speech, the complainants in fact harm Australians of colour through these utterances. These complaints can both cause and constitute at least two forms of epistemic injustice (willful hermeneutical ignorance and comparative credibility excess). Further, I argue that the complaints are grounded in a dual misrecognition: the complainants misrecognize themselves (...)
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  37. The Prejudicial Effects of 'Reasonable Steps' in Analysis of Mens Rea and Sexual Consent: Two Solutions.Lucinda Vandervort - 2018 - Alberta Law Review 55 (4):933-970.
    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 (...)
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  38. Framing Intersectionality.Elena Ruíz - 2017 - In Linda Alcoff, Luvell Anderson & Paul Taylor (eds.), The Routledge Companion to the Philosophy of Race. Routledge. pp. 335-348.
    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 (...)
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  39. Epistemic Exploitation.Nora Berenstain - 2016 - Ergo: An Open Access Journal of Philosophy 3:569-590.
    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 (...)
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  40. (1 other version)How can Feminist Theories of Evidence Assist Clinical Reasoning and Decision-Making?Maya J. Goldenberg - 2013 - Social Epistemology (TBA):1-28.
    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 (...)
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  41. Competing Epistemic Spaces.Mark Navin - 2013 - Social Theory and Practice 39 (2):241-264.
    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. (...)
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  42. Access to Justice and the Public Interest in the Administration of Justice.Lucinda Vandervort - 2012 - University of New Brunswick Law Journal 63:124-144.
    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 (...)
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  43. The Disadvantages of Radical Alterity for a Comparative Methodology.Jen McWeeny - 2007 - The Proceedings of the Twenty-First World Congress of Philosophy 7:125-130.
    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, (...)
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  44. Reproductive choice: Screening Policy and Access to the Means of Reproduction.Lucinda Vandervort - 2006 - Human Rights Quarterly 28 (2):438-464.
    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 (...)
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  45. The Defence of Belief in Consent: Guidelines and Jury Instructions for Application of Criminal Code Section 265(4).Lucinda Vandervort - 2005 - Criminal Law Quarterly 50 (4):441-452.
    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 (...)
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  46. Honest Beliefs, Credible Lies, and Culpable Awareness: Rhetoric, Inequality, and Mens Rea in Sexual Assault.Lucinda Vandervort - 2004 - Osgoode Hall Law Journal 42 (4):625-660.
    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 (...)
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  47. A Hasty Retreat From Evidence: The Recalcitrance of Relativism in Feminist Epistemology.Sharyn Clough - 1998 - Hypatia 13 (4):88-111.
    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.
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  48. Feminism and masculinity: Reconceptualizing the dichotomy of reason and emotion.Christine James - 1997 - International Journal of Sociology and Social Policy 17 (1/2):129-152.
    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 (...)
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