Liberal political theory is often understood as being underpinned by an individualistic social ontology, and it is sometimes objected that this type of ontology makes it difficult to address injustices that involve social groups and informal forms of privilege. It is argued here that, to the extent that liberals do fail to properly address such structural injustices, the main problem can instead be understood to lie with a rules-centric understanding of institutions – one which is actually out of line with (...) a proper ontological individualism. If institutions are instead understood as distributions of right and duties, held by individuals, it becomes much more straightforward to identify institutional privilege in terms of inequalities in those distributions. The relevant rights and duties can be explicated in terms of informal Hohfeldian incidents and it is argued that patterned distributions of such incidents can come to exist, and be maintained, through how we develop a largely intuitive sense of where our interpersonal boundaries run and form social expectations about which kinds of behaviour will typically receive pushback in some form. (shrink)

The present paper poses a new problem for moral luck. Defenders of moral luck uncritically rely on a broader theory of luck known as the control theory or the lack of control theory. However, there are are two other analyses of luck in the literature that dominate discussion in epistemology, namely the probability and modal theories. However, moral luck is nonexistent under the probability and modal accounts, but the control theory cannot explain epistemic luck. While some have posited that “luck” (...) is ambiguous, so that one theory of luck is operative with epistemic luck and a different theory works for moral luck, there are both semantic and philosophical reasons to reject luck ambiguity. Defenders of moral luck must engage with the broader literature on luck and either provide a comprehensive defense of the control theory or concede that moral luck is not a genuine thing in its own right. (shrink)

Liberal political theory is often understood as being underpinned by an individualistic social ontology, and it is sometimes objected that this type of ontology makes it difficult to address injust...

A significant part of contemporary social ontology has been focused on understanding forms of collective intentionality. It is suggested in this paper that the contested nature of some institutional matters makes this kind of approach problematic, and instead an alternative approach is developed, one that is oriented towards a micro-level analysis of the institutional constraints that we face in everyday life and which can make sense of how there can be institutional facts that are deeply contested and yet still real. (...) The model is applied to two main examples, sexism and racism, and it is argued that on this approach it can make sense to understand both of them as institutions in our societies. (shrink)

For all the talk there has been lately about privilege, few have commented on the moral obligations that are associated with having privilege. Those who have commented haven't gone much beyond the idea that the privileged should be conscious of their privilege, should listen to those who don't have it. Here we want to go further, and build an account of the moral obligations of those with a particular kind of privilege: race privilege. In this paper we articulate an understanding (...) of race privilege, say how a person can know when she has it, and argue that a race-privileged person has obligations to offset her privilege. We make concrete suggestions for how she can, at least approximately, do this. We use particular racial group disparities in the United States as our running example throughout the paper, although our conclusions generalize. (shrink)

J’aborde tout d’abord l’objection relativiste aux droits humains, afin de pouvoir ensuite me concentrer sur d’autres questions soulevées par la question des droits humains et des minorités culturelles. Le but de ma discussion est d’identifier et d’interroger les tensions potentielles entre minorités culturelles et droits humains, afin de montrer en quoi les droits humains peuvent protéger les minorités culturelles et, ultimement, de problématiser la manière dont cette protection peut se déployer. Dans ce but, je commence par clarifier deux notions-clés de (...) ce débat : les minorités culturelles et les droits différenciés selon l’appartenance à un groupe, en en proposant une typologie. J’examine ensuite dans quelle mesure les aspects collectiviste et particulariste des droits différenciés se trouvent ou non en tension respectivement avec les aspects individualiste et universaliste des droits humains. Prenant comme points de référence quelques droits humains particuliers, je me penche enfin sur la situation de certaines minorités culturelles dans les démocraties libérales occidentales pour dégager les conditions délibératives de la réalisation de ces droits humains. Au fil de ces trois sections, une de mes préoccupations est de mettre en lumière les enjeux méthodologiques qui sous-tendent ces différents débats et de montrer la nécessité d’adopter une approche améliorative. I first address the relativist challenge to human rights, so as to be able to focus next on other questions raised by the question of human rights and cultural minorities. The aim of my discussion is to identify and to question the potential tensions between cultural minorities and human rights, in order to show how human rights can protect cultural minorities, and ultimately to problematize the way in which this protection can take place. To that end, I start by clarifying two key notions in this debate : cultural minorities and group-differentiated rights, by proposing a typology. I then examine to what extent the collectivist and the particularist aspects of group-differentiated rights are in tension respectively with the individualist and the universalist aspects of human rights. Taking as reference points a few particular human rights, I turn, finally, to the situation of certain cultural minorities in western liberal democracies to draw out the deliberative conditions of the realization of those human rights. Throughout all three sections, one of my concerns is to shed light on the methodological stakes underlying those different debates and to show that we should adopt an ameliorative approach. (shrink)

In this paper, I defend the existence of a moral duty to disobey the law and engage in civil disobedience on the basis of one of the grounds of political obligation—the Samaritan duty. Christopher H. Wellman has recently offered a ‘Samaritan account’ of state legitimacy and political obligation, according to which the state is justified in coercing each citizen in order to rescue all from the perilous circumstances of the state of nature; and each of us is bound to obey (...) the law, as the state demands, because we each have a responsibility to help rescue others when this assistance is not unreasonably costly. Though Wellman recognizes that there can be reasons for disobeying the law and resisting injustice in otherwise legitimate states, he overlooks the possibility that at least some of these reasons could be Samaritan in nature, grounded in the duty to rescue people from peril. As I shall argue, the Samaritan duty supports obligations to disobey the law, when the law prohibits Samaritan rescues, and to engage in civil disobedience, when unjust laws and practices contribute to endangering people. The discussion proceeds as follows. After a brief overview of the Samaritan duty, I articulate my case for Samaritan duties to disobey the law, and duties to engage in civil disobedience when unjust laws, institutions, or practices enable what I call ‘persistent Samaritan perils’. I then examine and respond to several objections to my account: first, that the costs of law-breaking are unreasonable, and thus cannot be morally required; second, that individuals’ particular acts of protest and civil disobedience do not appear to make any difference to the rescue, and thus cannot be required; third, that I stretch the Samaritan duty beyond recognition; and fourth, that the Samaritan duty binds us to help people in need or peril anywhere, not particularly at home. I consider in conclusion the advantages and limits of my account of citizens’ Samaritan duties in the face of injustice. (shrink)

The word “privilege” has become a part of our everyday conversations. However, it is not evident whether the various interlocutors in discussions on privilege are using it in the same sense. While different instances of privilege like white, male, or caste privilege have been discussed in contemporary academic discourses, we believe there is a lack of clarity regarding the notion of privilege. We critically analyse existing accounts of privilege to show that they leave some room for improvement. We offer an (...) alternative account of privilege as “entitlements that fail to track deserts” that circumvents prevalent definitional ambiguities and emphasises the inherent undeserving nature of privilege. The hitherto underexplored links between privileges, deserts, entitlements, and rights can help us formulate a more accurate grasp of privilege. (shrink)

Bioethics has increasingly become a standard part of medical school education and the training of healthcare professionals more generally. This is a promising development, as it has the potential to help future practitioners become more attentive to moral concerns and, perhaps, better moral reasoners. At the same time, there is growing recognition within bioethics that nonideal theory can play an important role in formulating normative recommendations. In this chapter we discuss what this shift toward nonideal theory means for ethical curricula (...) within healthcare education. In particular, we contend that more attention to the particularities of historical and social context needs to be incorporated into bioethics training. To make this argument, we focus on two examples: teaching units on race and medicine and those that focus on stigma and coercion in mental health. For both, we show how a pedagogical approach in which educators focus on social injustice could influence how practitioners engage in ethics in the clinic. This chapter, then, demonstrates what a commitment to nonideal theory can mean practically when it comes to bioethics education. (shrink)

My aim in this dissertation is to analyze Black oppression and White domination. I attempt to show how social systems unjustly diminish Black Americans’ opportunities to form and pursue their conceptions of good lives and unjustly strengthen White Americans’ opportunities for the same. I believe that the accounts of Black oppression and White domination I offer are more adept at identifying the expansive and varied wrongs of Black oppression in America, analyzing the relationship between theorizing oppression and addressing oppression through (...) social and political change in America, and demonstrating the ways that Whites benefit from and are incentivized to maintain oppressive systems in America, than the accounts put forward by other theorists. In Chapter 1, I begin by discussing why I frame my project in terms of oppressive “wrongs” rather than “harms”. I worry the term ‘harm’ may be taken to imply that one has experienced subjective suffering or a measurable loss, whereas I am concerned with instantiations of oppressive systems even when they don’t cause the person subject to the oppressive system to experience a measurable loss or subjective suffering. In an effort to describe how I identify wrongs, I then argue that in virtue of the deep importance of freely pursuing one’s chosen life plan, any barriers one faces in pursuing his or her life plan must be justifiable. Barriers one experiences in virtue of his or her race are typically not justifiable. On this basis, I argue for my principle of racial injustice, which states that individuals are prima facie wronged by socially constructed barriers to their abilities to form and seek their conception of a good life if those barriers exist in virtue of their race. The “prima facie” nature of the wrongness is significant, I argue, because correcting the injustices of Black oppression will require that Whites face some barriers to pursuing our life plans that we do not currently face; it is not the case, then, that every race-based barrier is truly wrongful. I then discuss my understanding of race, arguing that race’s mutability across contexts and how one’s race is intimately tied to systems of subordination and domination support my view that race is socially constructed. I end with a brief history of White domination and Black subordination in the U.S. In Chapter 2, I outline general experiences of racism as espoused by Black writers and the statistical data that support these accounts. I then take a deep look at mass incarceration, including a history of the system, its disproportional impact on Black Americans, and the many resulting injustices inflicted largely on incarcerated Black Americans, their families, and their communities. I specifically highlight the recognition-wrongs inflicted on Black Americans through mass incarceration, where recognition-wrongs are acts that function primarily as a mode of dehumanizing individuals. Recognition-wrongs include verbal degradation through things like slurs, but also epistemic injustices, a concept developed by Miranda Fricker and others to identify injustices that wrong individuals in virtue of their status as knowers and communicators of knowledge. I then discuss kinship-wrongs, a concept I develop to identify wrongs that impact people’s ability to form and maintain relationships. I highlight and conceptualize these wrongs in an attempt to draw attention to their significance in racial subordination. In Chapter 3, I develop an account of oppression that is particularly responsive to race-based wrongs. I begin by showing why the influential accounts authored by Iris Marion Young and Ann Cudd are unsatisfactory for capturing Black oppression. I attempt to develop an account that is sensitive to the experiences of subordination detailed by Black Americans, equipped to address the material harms of oppression, and also able to make sense of the recognition- and kinship-wrongs raised in Chapter 2. I ultimately determine that a member of a c-group is subject to an oppressive wrong when, in virtue of his or her or their membership in that c-group, he or she or they suffer wrongs that are systematically perpetrated through social, political, or legal norms, conventions, or practices. A c-group is any collection of persons who share some set of constraints, incentives, penalties, and the like. I end the chapter by carefully describing my commitments to each clause of the definition of oppression, beginning by analyzing c-groups, describing systematically perpetrated wrongs, explaining what it means to be wronged in virtue of one’s c-group membership, and showing that my account of oppression is sensitive to both material and recognition-wrongs. In Chapter 4, I argue that we ought to understand oppression in the framework of a capabilities approach. I begin by explaining the concept of capabilities, which are real opportunities to function in particular ways. I then argue that securing capabilities is a better aim for justice than ensuring that people function in certain valuable ways because a focus on capabilities protects people’s opportunities to pursue the kinds of lives they want to live, respecting their interest in freely determining their life goals, while a focus on protecting valuable functionings inappropriately prescribes life goals to them. I show how capabilities can be utilized as part of a theory of justice, and argue that my utilization of capabilities, combined with the other moral commitments I defend throughout the dissertation, comprises a rectificatory theory of racial justice aimed at eliminating Black oppression. I argue that through the framework of capabilities, I can analyze both the material and recognition-wrongs of oppression, avoid the kinds of bad idealizations that often skew our understanding of oppressive systems and their impact, and make judgments about modern day society without developing an account of perfect justice. I next show that to avoid inflicting further recognition-wrongs, it is essential that oppressed peoples are the primary arbiters of which capabilities and oppressive systems should be prioritized in policy and advocacy. I conclude Chapter 4 with a brief sketch of how we can turn the priorities of the oppressed into public policy, moving from the prioritization process, to policy development, to implementing policies, and finally to monitoring and revising them. My final chapter, Chapter 5, shows how my account can also be used to analyze the norms of White domination that coincide with Black oppression. I begin by discussing “correlative capabilities,” which are those capabilities that are strengthened for Whites in virtue of the fact that Whites are not subject to oppression as Black Americans are. My discussion of correlative capabilities maps closely onto the advantages typically described as White privilege. I then turn to more insidious advantages Whites gain from Black oppression. I argue that oppressive norms advantage Whites by creating a social structure that empowers us with the capabilities to dominate racial narratives and ignore our racialized identities. The capability to dominate racial narratives consists in Whites’ abilities to pontificate on racialized events without justification for our views and still have our perspectives treated as mainstream, worthy of debate, and often as nearly definitive. I demonstrate this capability in action by examining Colin Kaepernick’s protest in the NFL, the coverage it received, and his resulting treatment. I then discuss Whites’ capability to ignore our racialized identities, showing how we establish Whiteness as a central, unconditioned perspective. Whites see ourselves as “simply people,” while seeing non-Whites as raced. This leads to Whites promoting color-blind conceptions of justice, which move us farther from true justice by ignoring social norms’ impact on policy development and implementation. I then show how Whites may go one step further and argue that we are victimized by “reverse racism” when efforts are made to eliminate oppressive systems. Finally, I end Chapter 5 with a discussion of how Whites are also disadvantaged by Black oppression, particularly in our capabilities to perform our jobs well, live morally, and establish and maintain relationships. I then conclude the dissertation by discussing how we might teach race-sensitive virtues in an effort to change White-favorable social norms. (shrink)