Feminist Social Epistemology

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 (...) thinking online and, instead, we propose that a better way to understand the virtuous behaviour at hand is as critical engagement, namely a mutual cultivation of critical skills among the members of an epistemic bubble. This mutual cultivation allows members within an epistemic bubble (in contrast, as we will show, with the authority-based models of epistemic echo chambers) to become more autonomous critical thinkers by cultivating self-trust. We use the model of relational autonomy as well as resources from work on epistemic self-trust and epistemic interdependence to develop an explanatory framework, which in turn may ground rules for identifying and creating virtuous epistemic bubbles within the environments of social media platforms. (shrink)

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)

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 (...) in feminist epistemology. These ideas are thoroughgoingly contextualist in the situational sense; I’ll explore the prospects for linguistic contextualist analogues or implementations of them. Simple connections between these feminist ideas and linguistic contextualism will prove elusive, but more subtle ones are possible, and sometimes attractive. -/- §3 considers the degree to which contextual epistemic parameters are determined interpersonally, as opposed to individualistically. Should contextualists hold that speakers can individually determine the contextual parameters that influence the truth- conditions of their utterances? Or are they fixed at a broader social level? I’ll rehearse some influential reasons to opt for the latter, more social, form of contextualism. -/- In §4 I discuss the practical and moral significance of speakers’ choices of epistemic parameters, given contextualism. For example, I’ll consider how standards-raising can be used to discredit evidential sources, with an eye towards the social and moral consequences of such moves. (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.

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)

Domestic violence and abuse 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 injustice (...) afoot here. In this paper, I offer some philosophical reflections on DVA disclosure in clinical contexts and the associated barriers to disclosure. I argue that women with personal histories of DVA are vulnerable to a certain form of testimonial injustice in clinical contexts, namely, testimonial smothering, and that this may help to explain why they withhold that testimony. It is my contention that this can help explain the low rates of DVA disclosure by patients to healthcare practitioners. (shrink)

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 (...) for responsibility? Do emotions make us better people? -/- In the course of exploring these questions, the book also discusses cutting-edge empirical research on emotion, feminist approaches to emotions and their value, and methodological questions on how to theorize about the emotions. The book also contains in-depth discussions of specific emotions like compassion, disgust, anxiety, and curiosity. It also highlights emerging trends in emotion research. (shrink)

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 (...) and norms connecting knowledge and action, the harms of tacit idealizations away from important contextual factors, and a contextualist semantics for 'knows' ascriptions. (shrink)

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 (...) in philosophy plausibly contribute to a lack of diversity in the social identities of practitioners and the discourses in which practitioners are engaged. (shrink)

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 (...) not to give one more solution to this fundamental problem that is in essence an ethical problem. For providing a refuge, a new theory, a new methodology, would be providing a new island for those who realise that a flood is endangering their own island. My aim is to exercise the craft of exilic thinking as a way to deal with the contradiction already pointed out by Heraclitus and Parmenides – “We both step and do not step in the same rivers. We are and are not.” Exilic thinking as a craft of fragilising the self establishes a matrixial borderspace through which the impossible becomes possible. (shrink)

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 (...) dealing with those whose views are heinous or ridiculous. Responding to such people via humility seems uncalled for, even inappropriate. But how could this be, given that humility is a *virtue*? The purpose of the paper is to explore this puzzle. We explain what the puzzle is and then attempt to draw some lessons from it: first, the lesson that the importance of humility is limited in several ways, and second, the lesson that humility nonetheless has several important roles to play, even for people who are in the right in contexts of disparity. (shrink)

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 (...) reasoning or knowledge practices, undermining their status as responsible moral agents. But attending to the constitutive mechanisms and heterogeneity of false consciousness allows us to see how having it does not eo ipso render someone an inappropriate target of blame. I focus here on the 1889 anti-suffragist manifesto “An Appeal Against Female Suffrage,” arguing that its signatories, despite false consciousness, satisfy both conditions for ordinary blameworthiness. I consider three prominent signatories, observing that the irrationality characterisation is unsustainable beyond group-level diagnoses, and that their capacity to respond appropriately to reasons was not compromised. Following recent work on epistemic injustice, I also argue that culpable mechanisms constituted their false consciousness, rendering them blameworthy for the Appeal. (shrink)

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 (...) bodies and underdeveloped minds. I furthermore problematise how such conceptualisation of evidencing foregrounds children’s ‘speaking’ bodies while silencing their voices. By showing these manifestations of evidencing, this critical contribution discusses some wider epistemic concerns for fields influenced by the knowledge cultures of ‘the evidence-based’. (shrink)

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. (...) Due to its Mandevillian character, egalitarian confirmation bias isn’t only epistemically but also ethically beneficial, as it helps decrease social injustice. Moreover, since egalitarian confirmation bias has Mandevillian effects especially in academia, and since progressives are particularly likely to display the bias, there is an epistemic reason for maintaining the often-noted political majority of progressives in academia. That is, while many researchers hold that diversity in academia is epistemically beneficial because it helps reduce bias, I argue that precisely because political diversity would help reduce egalitarian confirmation bias, it would in fact in one important sense be epistemically costly. (shrink)

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.

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)

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)

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)

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 (...) in their own privileged racial specificity, and they misrecognize others in their own marginal racial specificity. Such misrecognition preserves the cultural imperialism of Australia’s dominant social imaginary—a means of oppression that perpetuates epistemic insensitivity.Bringing this dual misrecognition to light best captures the indignity that is suffered by the victims of the aforementioned epistemic injustices. I argue that it is only when we truly recognize difference in its own terms, shifting the dominant social imaginary, that “mainstream Australians”can do their part in bringing about a just society. (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)

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)

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)

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)

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)

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 hermeneutic resources necessary for understanding Indigenous women’s lives in Latin America have been obscured by the tools of Western feminist philosophical practices and their travel in North-South contexts. Not only have ongoing practices of European colonization disrupted pre-colonial ways of knowing, but colonial lineages create contemporary public policies, institutions, and political structures that reify and solidify colonial epistemologies as the only legitimate forms of knowledge. I argue that understanding this foreclosure of Amerindian linguistic communities’ ability to collectively engage in (...) interpretive processes of culture and be heard and understood as coherent is an essential background condition to conceiving and theorizing the multiplicity of social oppressions and their intersections in contemporary Latin American contexts. Further, the work of disrupting and disobeying colonial interpretive frameworks has long been practiced by Indigenous women in Latin America, whose testimonies and expressions have been made sub-audible by design in colonial systems of meaning-making. This is part of the extensive legacy of the long quillwork of communal alphabets of survival. (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)

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 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)

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)

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.

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)