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  1. added 2020-02-08
    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. added 2020-02-08
    Postcolonial and Decolonial Feminisms.Elena Ruíz - forthcoming - In The Oxford Handbook of Feminist Philosophy.
    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. (...)
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  3. added 2019-11-10
    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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  4. added 2019-11-10
    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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  5. added 2019-11-10
    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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  6. added 2019-11-05
    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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  7. added 2019-11-05
    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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  8. added 2019-10-15
    Framing Intersectionality.Elena Ruíz - 2017 - In The Routledge Companion to the Philosophy of Race. 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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  9. added 2019-10-12
    Intersectionality as a Regulative Ideal.Katherine Gasdaglis & Alex Madva - forthcoming - Ergo: An Open Access Journal of Philosophy.
    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 (...)
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  10. added 2019-08-31
    Integration, Community, and the Medical Model of Social Injustice.Alex Madva - 2019 - Journal of Applied Philosophy 2147483647:1-22.
    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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  11. added 2019-08-17
    Theorizing Multiple Oppressions Through Colonial History: Cultural Alterity and Latin American Feminisms.Elena Ruíz - 2011 - APA Newsletter on Hispanic/Latino Issues in Philosophy 2 (11):5-9.
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  12. added 2019-07-04
    Epistemic Corruption and Social Oppression.Ian James Kidd - forthcoming - In Ian James Kidd, Quassim Cassam & Heather Battaly (eds.), Vice Epistemology. London: Routledge.
    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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  13. added 2018-12-17
    Epistemic Vices and Feminist Philosophies of Science.Ian James Kidd - forthcoming - In Kristen Intemann & Sharon Crasnow (eds.), The Routledge Handbook to Feminist Philosophy of Science. New York: Routledge. pp. 00-00.
    I survey some points of contact between contemporary vice epistemology and feminist philosophy of science.
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  14. added 2018-11-15
    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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  15. added 2018-08-22
    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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  16. added 2018-07-13
    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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  17. added 2018-02-05
    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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  18. added 2017-10-01
    Rape Culture and Epistemology.Bianca Crewe & Jonathan Jenkins Ichikawa - manuscript
    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 (...)
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  19. added 2016-11-17
    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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  20. added 2016-09-05
    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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  21. added 2014-04-02
    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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  22. added 2013-08-29
    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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  23. added 2013-08-27
    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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