In this paper we explore whether or not the use of risk assessment tools in criminal sentencing can be made compatible with a retributivist justification of punishment. While there has been considerable discussion of the accuracy and fairness of these tools, such discussion assumes that one’s recidivism risk is relevant to the severity of punishment that one should receive. But this assumption only holds on certain accounts of punishment, and seems to conflict with retributivist justifications of punishment. Drawing on the (...) broader desert literature, we explain the source of this conflict, and suggest that a retributivist approach on which the severity of punishment partly depends on one’s character in addition to their acts offers some hope of reconciling retributivism with the use of risk assessment tools in considerations of sentencing reduction in particular. Ultimately, however, even this limited attempt at reconciliation fails, so long as risk assessment tools fail to distinguish between risk that one is responsible for, and risk that one is not responsible for. (shrink)

The intersection between virtue and care ethics is underexplored in contemporary moral philosophy. This thesis approaches care ethics from a neo-Aristotelian virtue ethical perspective, comparing the two frameworks and drawing on recent work on care to develop a theory thereof. It is split into seven substantive chapters serving three major argumentative purposes, namely the establishment of significant intertheoretical agreement, the compilation and analysis of extant and new distinctions between the two theories, and the synthesis of care ethical insights with neo-Aristotelianism (...) to generate a virtue ethical theory of care. In the first two chapters, I outline virtue ethics and care ethics, and argue for considerable agreement over central premises. Chapter 2 summarises the foundational commitments of care ethics, focusing particularly on their relational ontology and its links to the other ethical claims care ethicists universally ascribe to, namely particularism, partialism, the moral salience of emotions, and the rejection of hard public/private distinctions. Chapter 3 lays out the central concepts in neo-Aristotelian virtue ethics, including eudaimonism, virtue, and character traits, and drawing a number of comparisons between virtue and care ethics specifically with regard to relational ontology and the meta-ethical commitments it underpins. In addition to doing the necessary expository work for the remainder of the thesis, Chapters 2 and 3 also argue that care ethics and virtue ethics have much more in common than is typically acknowledged – the first major contribution of this thesis to the literature. Chapters 2 and 3 to provide at least a prima facie justification for pursuit of the questions I confront in the remainder of the thesis. In Chapter 4, I ask what differentiates these two ethical theories. I survey some of the differences which philosophers in either camp have identified and offer some of my own. I suggest that several of those differences either rest on misunderstandings of one ethic or the other, or that in erecting a divide between virtue and care ethics they also disunify ethics of care. I do, however, identify two differences which seem defensible. Specifically, they are that virtue ethics seems to lack an account of care, which I define minimally as a response or responsiveness to need, and that virtue and care ethics organise their meta-ethical and normative concepts differently. This chapter thus presents a second contribution to the literature: a study of the differences between virtue ethics and care ethics. It also serves to set the trajectory for the remaining chapters, where I respond to the claim that virtue ethics lack an account of care. I spend the remainder of the thesis constructing what I take to be a satisfying foundation for a virtue ethical theory of care. In Chapter 5, I offer three initially viable means of incorporating care into virtue ethics, all of which treat care as a virtue. These are the analogical approach, according to which care is analogous to an existing virtue; the additive approach, according to which care is a novel virtue; and the bundling approach, according to which care is a bundle of virtues. I also offer and evaluate reasons to reject the claim that care is a virtue, concluding that the claim is indeed a viable one so long as the concept of care is sufficiently thick, and I contend that analogical approaches, and particularly analogies with charity, outperform the others. Chapter 5 therefore serves two ends. First, it proffers a novel meta-analysis of concepts of care as a virtue, and thus makes a third contribution to the literature. In doing so, it makes an inroad into the second: the development of a neo-Aristotelian theory of care. Chapter 6 continues this project. I attempt to show how care can be construed as an act-type and a practice. I argue in this chapter that practices are a subcategory of actions, and that care qualifies as an Anscombean act-type which aims at the meeting of needs relating to the care-recipient’s flourishing. I go on to consider the implications of this account for ethics which deploy care as a moral concept, maintaining that it not only offers a better account of consequences than theories of care which include success criteria, but also that it affords us interesting insights into the distinction between ‘caring about’ and ‘caring for’ which allow us to make sense of certain tenets of neo-Aristotelianism. This represents a contribution to both discourses, since neither care nor virtue ethicists working at the intersection of their respective normative theories have delved very deeply into the philosophy of action. Chapter 7 discusses caring relations, suggesting that a virtue ethical theory of caring relations can lean on the work care ethicists have done, and adding some necessary refinements, such as a distinction between ideal and non-ideal caring relations, and a theory of caring relations as reasons for action. This final chapter also draws these three concepts of care together by arguing that virtuous caregivers who are invested in the flourishing of those for whom they care are also sensitive to the relations those care-recipients bear to their institutional environment. I argue that because they are caring participants in caring relations, virtuous agents are characteristically motivated by states of need and dependency to engage in certain sorts of conventionally political practices. In other words, the virtue or virtues of caring characteristically manifest in certain sorts of political or social practices, relating specifically to those areas of moral life. This allows us to build upon recent work in feminist virtue ethics of the sort offered by Tessman and Friedman. I also offer a novel analysis of migration, suggesting that the account of care presenting here is analytically useful both when it comes to historical cases of migration such as the underground railroads and escapes from Nazi-occupied Europe, but also for contemporary issues such as the migrations occurring in the Southern United States and in much of Europe. I thus conclude not only that virtue ethicists ought to incorporate care into their normative framework, and that the theory of care presented here is a coherent one, but that this leads us naturally into applied topics such as virtue politics. I conclude the thesis by considering some its implications and by identifying some further avenues for research. (shrink)

This paper proposes a distinctive kind of agency that can vindicate the agency of members of marginalised groups while accommodating the autonomy-undermining influences of oppression. Socially-embedded agency—the locus of which is in the exercise of our ability to negotiate between different social features—is compatible with, and can explain, various phenomena, including double-consciousness and white fragility. Moreover, although socially-embedded agency is neither necessary nor sufficient for autonomy, exercising it is practically necessary for autonomy, at least for members of marginalised groups in (...) our non-ideal world. (shrink)

ABSTRACT One of the promises of the internet was its power to unite individual knowers with one another, democratizing knowledge and spurring our collective efforts toward truth. In what sense is our current epistemic life a collective effort? This article examines the idea of the epistemic community. I contrast epistemic community with a collection of individual epistemic agents aiming for truth. I propose that this latter conception of epistemic life permits neglecting our epistemic and moral duties. I argue that healthy (...) epistemic community requires joint commitments to truth and epistemic trust, and where epistemic trust requires conditions of mutual epistemic respect. (shrink)

This essay develops a framework for understanding what I call the ethics of reflexivity, that is, the norms that govern attitudes and actions with respect to one’s own worth. I distinguish five central aspects of the reflexive commitment to living in accordance with one’s personal ideals: the extent to which and manner in which one regards oneself from an evaluative point of view, the extent to which one cares about receiving the respect of others, the degree to which one interprets (...) one’s personal ideals in an individualistic or collective manner, the degree to which one’s commitment to living in accordance with one’s personal ideals is rigid or flexible, and the worthiness of one’s personal ideals. This framework, I argue, illuminates the nature and moral significance of virtuous and vicious forms of the character trait of pride. (shrink)

This collection of new essays examines philosophical issues at the intersection of feminism and autonomy studies. Are autonomy and independence useful goals for women and subordinate persons? Is autonomy possible in contexts of social subordination? Is the pursuit of desires that issue from patriarchal norms consistent with autonomous agency? How do emotions and caring relate to autonomous deliberation? Contributors to this collection answer these questions and others, advancing central debates in autonomy theory by examining basic components, normative commitments, and applications (...) of conceptions of autonomy. Several chapters look at the conditions necessary for autonomous agency and at the role that values and norms -- such as independence, equality, inclusivity, self-respect, care and femininity -- play in feminist theories of autonomy. Whereas some contributing authors focus on dimensions of autonomy that are internal to the mind -- such as deliberative reflection, desires, cares, emotions, self-identities and feelings of self-worth -- several authors address social conditions and practices that support or stifle autonomous agency, often answering questions of practical import. These include such questions as: What type of gender socialization best supports autonomous agency and feminist goals? When does adapting to severely oppressive circumstances, such as those in human trafficking, turn into a loss of autonomy? How are ideals of autonomy affected by capitalism? and How do conceptions of autonomy inform issues in bioethics, such as end-of-life decisions, or rights to bodily self-determination? (shrink)

The topic of the self has long been salient in feminist philosophy, for it is pivotal to questions about personhood, identity, the body, and agency that feminism must address. In some respects, Simone de Beauvoir's trenchant observation, "He is the Subject, he is the Absolute — she is the Other," sums up why the self is such an important issue for feminism. To be the Other is to be the non-subject, the non-person, the non-agent — in short, the mere body. (...) In law, in customary practice, and in cultural stereotypes, women's selfhood has been systematically subordinated, diminished, and belittled, when it has not been outright denied. Since women have been cast as lesser forms of the masculine individual, the paradigm of the self that has gained ascendancy in U.S. popular culture and in Western philosophy is derived from the experience of the predominantly white and heterosexual, mostly economically advantaged men who have wielded social, economic, and political power and who have dominated the arts, literature, the media, and scholarship. Responding to this state of affairs, feminist philosophical work on the self has taken three main tacks: (1) critique of established views of the self, (2) reclamation of women's selfhood, and (3) reconceptualization of the self to incorporate women's experience. This entry will survey feminist perspectives on the self from all three of these angles. (shrink)

In her provocative discussion of the challenge posed to the traditional impartialist, justice-focused conception of morality by the new-wave care perspective in ethics, Annette Baier calls for ‘a “marriage” of the old male and newly articulated female... moral wisdom,’ to produce a new ‘cooperative’ moral theory that ‘harmonize[s] justice and care.’ I want in this paper to play matchmaker, proposing one possible conjugal bonding: a union of two apparently dissimilar modes of what Nel Noddings calls ‘meeting the other morally,’ a (...) wedding of respect and care. (shrink)

Stakeholder theory, as a method of management based on morals and behavior, must be grounded by a theory of ethics. However, traditional ethics of justice and rights cannot completely ground the theory. Following and expanding on the work of Wicks, Gilbert, and Freeman (1994), we believe that feminist ethics, invoking principles of caring, provides the missing element that allows moral theory to ground the stakeholder approach to management. Examples are given to support the suggested general principle for making business decisions (...) under feminist moral theory. (shrink)

Like the dominant moral philosophers in the Western tradition, Mahatma Gandhi reaches moral conclusions that emphasize universality, impartiality, and detachment. This is in apparent contrast to feminist philosophers who have put forth a scheme for reaching moral conclusions that gives centrality to feeling, experience, and interdependence. In the following, I show that Gandhi shares significant agreement with feminists in spite of the kinds of moral conclusions he reaches. The crucial difference between Gandhi and the feminist critics lies in how the (...) distinctiveness of the other is understood. For Gandhi, I show, that the distinctiveness of others which evokes our affection is significant only in so far as it is a starting point that aides us in reaching the highest form of moral concern—a kind of agape (unselfish love for all). (shrink)

This article surveys recent feminist contributions to moral philosophy with an emphasis on those works which engage with debates within mainstream ethics. The article begins by examining a tension said to arise from the two criteria a theory must meet if it is to count as feminist moral theory: the women's experience requirement and the feminist conclusion requirement. Subsequent sections deal with feminist relational theories of rights, feminist work on responsibility and feminist contractarian approaches to ethics. A final section looks (...) at the application of some feminist moral theories to the problem of abortion. (shrink)

Engages and extends the feminist philosopher Lorraine Code's groundbreaking work on epistemology and ethics.

The suggestion here is that casting the project of feminist ethics in confrontational language, rooted in a rebellion picture of moral epistemology, impedes the further development of that very project. Four commonplace examples are offered to make this suggestion plausible. I urge instead a pluralistic approach to styles of moral thinking and propose that the project of feminist ethics would be better served by casting it in the language of reconciliation.

I explore Baier, Held, Okin, Code, Noddings, and Eisler on trust and distrust. This reveals a need for reflection on the analysis, ethics, and dynamics of trust and distrust-especially the distinction between trusting and taking for granted, the feasibility of choosing greater trust, and the possibility of moving from situations of warranted distrust to trust. It is impossible to overcome the need for trust through surveillance, recourse to contracts, or legal institutions.

The concept of self - respect is often invoked in feminist theorizing. But both women's too-common experiences of struggling to have self - respect and the results of feminist critiques of related moral concepts suggest the need for feminist critique and reconceptualization of self - respect. I argue that a familiar conception of self - respect is masculinist, thus less accessible to women and less than conducive to liberation. Emancipatory theory and practice require a suitably feminist conception of self - (...) respect ; I propose one such conception. (shrink)

This paper is a theoretical and empirical investigation into whether persons in subordinate social contexts possess agency and if they do, how do we recognise and recover their agency given the oppressive conditions of their lives. It aims to achieve this through forging closer links between the philosophical arguments and the ethnographic evidence of women's agency. Through such an exercise, this paper hopes to bridge the existing gap between feminist theoretical interventions and feminist politics as well as to increase 'sociological (...) awareness' within feminist philosophical arguments. In order to think about women's agency in oppressive social contexts, the paper evaluates the suitability of existing theoretical frameworks for examining, describing and capturing the autonomy of persons and concludes that a new and a more complex thinking is required to facilitate thinking about human agency within oppressive transcultural contexts. The social context of subordination, the exhibition of agency within and oppressive context and the application of the new theoretical framework is illustrated in an extensive empirical study of the contact with modernity and its accompanying ideas of autonomy and individual rights of rural women belonging to two districts in Rajasthan, North western India. (shrink)

Feminist ethics and medical ethics are critical of contemporary moral theory in several similar respects. There is a shared sense of frustration with the level of abstraction and generality that characterizes traditional philosophic work in ethics and a common commitment to including contextual details and allowing room for the personal aspects of relationships in ethical analysis. This paper explores the ways in which context is appealed to in feminist and medical ethics, the sort of details that should be included in (...) the recommended narrative approaches to ethical problems, and the difference it makes to our ethical deliberations if we add an explicitly feminist political analysis to our discussion of context. It is claimed that an analysis of gender is needed for feminist medical ethics and that this requires a certain degree of generality, i.e. a political understanding of context. (shrink)

Kai Nielsen is one of Canada’s most distinguished political philosophers. In a career spanning over 40 years, he has published more than 400 papers in political philosophy, ethics, meta-philosophy, and philosophy of religion. He has engaged much of the best work in Anglophone political philosophy, shedding light on many of the central debates and controversies of our time but throughout has remained a unique voice on the political left. _ Pessimism of the Intellect _presents a thoughtful collection of Nielsen’s essays (...) complemented by an extended reflective interview with Nielsen. This collection allows the reader to grasp the systematic scope of his thought and methodology. (shrink)

Abstract This paper examines a convergence between Heidegger's reconceptualization of subjectivity and intersubjectivity and some recent work in feminist philosophy on relational autonomy. Both view the concept of autonomy to be misguided, given that our capacity to be self-directed is dependent upon our ability to enter into and sustain meaningful relationships. Both attempt to overturn the notion of a subject as an isolated, atomistic individual and to show that selfhood requires, and is based upon, one's relation to and dependence upon (...) others. The paper argues that Heidegger's notion of authentic Mitsein (being-with) rejects traditional notions of autonomy and subjectivity in favor of a relational model of selfhood. Ultimately, it provides a new point of entry into contemporary debates within feminist philosophy on Heidegger's thinking and defends Heidegger from certain feminist critiques. (shrink)

This thesis investigates the structure of knowing, and it argues that existential trust is an epistemological category. The aim of the dissertation is to develop a view according to which all human activity is seen as an activity of a lived body, and in which the understanding of the structure of such activity is regarded as central for the solution even of epistemological problems. This view is not rooted in any one philosophical tradition, but circles around activity of the lived (...) body. It connects thinkers who in other respects belong to different "isms" in philosophy. Central to the dissertation are Aristotle, Dewey, Merleau-Ponty, Wittgenstein, Ryle, Anscombe, Polanyi, and Grene. Michael Polanyi's concept of tacit knowledge, and connected concepts like attend to, attend from, and subsidiary awareness, are presented. Different kinds of subsidiary awareness, not noted by Polanyi, are distinguished. It is also argued that Polanyi has not seen all the implicatons of his view that instruments can be interiorized and be part of the lived body. Conversely, parts of the normally lived body can be exteriorized. Nor has Polanyi seen that one has subsidiary awareness of oneself as a certain kind ofperson. This fact, in turn, is shown to have implications for the way we constitute ourselves as agents. Since we are engendered agents, we always attend from gender. In the last decade, the concept of trust has definitely entered epistemology. Mostly, it has been in terms of trusting testimony and/or testifier. This thesis wants to deepen that account. There is a more fundamental kind of trust, namely trust in oneself and trust in the world. It is called existential trust, and it is of epistemological importance, too. Existential trust, it is claimed, is necessary in all acts of knowing. Probably, this fact is hard to discover without having recourse to a distinction like that between attending from and attending to. Existential trust is shown in the way we attend from something. Observation and thinking are central epistemological categories, of course, but they should be supplemented by trust. Without trust they cannot perform any epistemological work. Linguistically, 'to know' is a state verb. Superficially, it describes only a state, not an activity. This fact, however, does not contradict the view of knowledge put forward in the dissertation. To know is to have a disposition to perform successfully either some kind of action, or to perform some kind of true assertive speech act. Basically, knowing is an activity. (shrink)