The article presents an original needs-based partial theory of human injustice and shows its relationship to existing theories of human need and human liberation. The theory is based on an original typology of three social structural sources of human injustice, a partial theorization of the mechanisms of human injustice, and a needs-based theorization of the nature of human injustice, as experienced by individuals. The article makes a sociological contribution to normative social theory by clarifying the relationship of human injustice to (...) human needs, human rights, and human liberation. The theory contends that human injustice is produced when oppression, mechanistic dehumanization, and exploitation create systematic inequality in opportunities to address human needs, leading to wrongful need deprivation and the resulting serious harm. In one longer sentence, this needs-based partial theory of the sources, mechanisms, and nature of human injustice contends that three distinct social systemic sources—oppression, mechanistic dehumanization, and exploitation—produce unique and/or overlapping social mechanisms, which create systematic inequality in opportunities to address universal human needs in culturally specific ways, thus producing the nature of the human injustice theorized here: wrongfully unmet needs and serious harm. (shrink)

Violence is gendered, so let's call it like it is.

Political polarization is one of the most discussed challenges facing contemporary democracies and is often associated with a broader epistemic crisis. While inspiring a large literature in political science, polarization’s epistemic problems also have significance for normative democratic theory, and this study develops a new approach aimed at understanding them. In contrast to prominent accounts from political psychology—group polarization theory and cultural cognition theory—which argue that polarization leads individuals to form unreliable political beliefs, this study focuses on system-level diversity. It (...) argues that polarization’s epistemic harms are best located in its tendency to reduce the diversity of perspectives utilized in a democratic system and in how this weakens the system’s ability to identify and address problems of public concern. Understanding such harms is also argued to require a greater consideration of the political dynamics of polarization and issues of elite discourse, alongside political psychology. (shrink)

From the day on which humans are born they need things. Some of these needs seem “basic,” such as our needs for food, water or shelter. Everybody has these needs. We cannot escape them. We also cannot escape the serious harm that arises when these needs remain unsatisfied. It is thus no wonder that in thinking about what we ought to do some researchers have suggested to first and foremost focus on people's basic needs. Such need‐based theories must answer three (...) main questions: What are basic needs? What are their implications for normative questions? And how can these needs and their satisfaction be measured? Proponents must also defend these theories against objections, such as against the objections that the theories are paternalistic, materialistic, and passivity‐promoting. Depending on their goals and contexts (distributive justice, sustainable development, human rights, etc.), appeals to basic needs may take various different forms. (shrink)

This author’s reply addresses critiques by Daniel Engster, Kelly Gawel, and Andrea Westlund about my 2020 book, Freedom to Care: Liberalism, Dependency Care, and Culture. I begin with a statement of my commitment to liberalism. In section two, I defend the value of a distinction between conceptions of persons in the real world and in contract theory to track inequalities in care when indexed to legitimate needs. I argue, as well, that my variety of contract theory supplies the normative content (...) needed to reject the subordination of women of color. Acknowledging the enduring danger of expressive subordination, I emphasize my theory’s compatibility with the full social inclusion of people with disabilities. Section three then defends liberal dependency care’s compatibility with radical critique and transformative change by emphasizing the abstract nature of its core theoretical module. Finally, in section four, I reaffirm conceptual distinctions between autonomy skills, care skills, and a sense of justice by explicating their theoretical roles. In that section, I also embrace Westlund’s insight that theorists of justice need to have skills enabling responsiveness to other perspectives. To this new requirement for actual theorists of justice, I further add that we must attain capacities to engage critically with our society’s norms. Thus, the final section of this article supplements the justificatory module of liberal dependency care, building from the necessary conditions specified as two-level contract theory toward an account of necessary and sufficient conditions for this liberalism’s justificatory module. (shrink)

This chapter describes how philosophical theorizing about justice can be connected with empirical research in the social sciences. We begin by drawing on some received distinctions between ideal and non-ideal approaches to theorizing justice along several different dimensions, showing how non-ideal approaches are needed to address normative aspects of real-world problems and to provide practical guidance. We argue that there are advantages to a transitional approach to justice focusing on manifest injustices, including the fact that it enables us to set (...) aside some reasonable disagreements about justice. The ‘bottom-up’ approach we advocate, for which we borrow Wolff’s term ‘real-world political philosophy’, is an empirically-informed normative analysis that attends to specific, identifiable injustices, and thus is partial, though not isolationist. We illustrate our approach by considering how different models of the nature of disability suggest different kinds of remedy for injustices faced by persons living with disabilities. We reflect on the nature and significance of vulnerabilities, and we assess the role of public opinion in normative theorizing, suggesting a particular significance for the opinions and experiences of marginalized groups. We finally reflect on the relevance of European legal and institutional frameworks for theorizing justice in Europe. (shrink)

In answering normative questions, researchers sometimes appeal to the concept of basic needs. Their guiding idea is that our first priority should be to ensure that everybody is able to meet these needs—to have enough in terms of food, water, shelter, and so on. This article provides an opinionated overview of basic needs in normative contexts. Any basic needs theory must answer three questions: (1) What are basic needs? (2) To what extent do basic needs generate reasons for action and (...) how are these reasons to be understood? (3) How are basic needs and their satisfaction to be measured? I address these questions in turn. Then I also briefly discuss the theoretical potential of appealing to basic needs in normative contexts. It turns out that future research in this area could benefit from a higher degree of interdisciplinarity and methodological reflection, and that, generally speaking, basic needs theories are more promising than they have often been claimed to be. (shrink)

What follows is an attempt to do some conceptual housekeeping around the notion of secret law as provided by Christopher Kutz (2013). First I consider low-salience (or merely obscure) law, suggesting that it fails to capture the legal and moral facts that are at stake in the case which Kutz used to motivate it. Then I outline a theoretical contrast between mere obscurity and secrecy, in contrast to the 'neutral' account of secrecy provided by Sissela Bok (1989). The upshot of (...) the two sections is that low-salience law is neither secret law nor necessarily problematic, though it closely resembles a kind of law that is both secret and problematic: namely, those legal obscurities that subvert manifest interests related to the informational needs of citizens. The ensuing argument undermines the fiction of constructive presence found in Austin and Blackstone. (shrink)

In this article, we use the basic concepts of Dewey’s pedagogical philosophy on democracy and education as analytical tools for exploring the democratic potential of a transnational education policy within the contemporary European risk discourse. A Deweyan reading of main policy documents, starting with the 2000 Lisbon Strategy, allows for critical discussion of some of the basic assumptions and consequences of the EU-advocated transnational education policy. The data sources include 28 EU policy documents from 2000 to 2014. The analysis shows (...) that in addition to a prevailing “human capital” discourse, there is potential for a communicative “democratic discourse” that promotes social cohesion. The democratic discourse underlines the full and free communication between different groups as the only way to promote and ensure the conditions for social cohesion. In this crisis of nearby wars, terror attacks and refugees in Europe, economy and competition are not viable concepts for seeking solutions. We argue that a shift to a language adapted to the real crisis and the fear of future crises in Europe is needed. We argue that a language that understands social efficiency, communication and a moral interest in the way Dewey outlined the concepts in Democracy and Education corresponds to the strong need to maintain and strengthen a democratic education and a democratic way of living for all. (shrink)

This chapter describes a philosophical approach to theorizing justice, mapping out some main strands of the tradition leading up to contemporary political philosophy. We first briefly discuss what distinguishes a philosophical approach to justice from other possible approaches to justice, by explaining the normative focus of philosophical theories of justice – that is, a focus on questions not about how things actually are, but about how things ought to be. Next, we explain what sorts of methods philosophers use to justify (...) theories of justice. Following this, in the longest section, we highlight major questions about justice that have drawn the attention of philosophers, and indicate how competing conceptions of justice have arisen from differing answers to these questions. The goal here is not to answer but to elucidate some of the larger questions about justice, as well as to establish a framework for understanding and distinguishing different kinds of claims about justice and some of the relations between them. (shrink)

Sweatshop labor is often cited as an example of the worst and most pervasive form of exploitation today, yet understanding what is meant by the charge has proven surprisingly difficult for philosophers. I develop an account of what I call “Needs Exploitation,” grounded in a specification of the duty of beneficence. In the case of sweatshop labor, I argue that employers face a duty to extend to employees a wage sufficient to meet their basic needs. This duty is limited by (...) the degree of the employees’ dependence on the employer for basic needs and a reasonability standard where the employer may remain within a range of well-being between deficiency and luxury. (shrink)

This author’s reply addresses critiques by Daniel Engster, Kelly Gawel, and Andrea Westlund about my 2020 book, Freedom to Care: Liberalism, Dependency Care, and Culture. I begin with a statement of my commitment to liberalism. In section two, I defend the value of a distinction between conceptions of persons in the real world and in contract theory to track inequalities in care when indexed to legitimate needs. I argue, as well, that my variety of contract theory supplies the normative content (...) needed to reject the subordination of women of color. Acknowledging the enduring danger of expressive subordination, I emphasize my theory’s compatibility with the full social inclusion of people with disabilities. Section three then defends liberal dependency care’s compatibility with radical critique and transformative change by emphasizing the abstract nature of its core theoretical module. Finally, in section four, I reaffirm conceptual distinctions between autonomy skills, care skills, and a sense of justice by explicating their theoretical roles. In that section, I also embrace Westlund’s insight that theorists of justice need to have skills enabling responsiveness to other perspectives. To this new requirement for actual theorists of justice, I further add that we must attain capacities to engage critically with our society’s norms. Thus, the final section of this article supplements the justificatory module of liberal dependency care, building from the necessary conditions specified as two-level contract theory toward an account of necessary and sufficient conditions for this liberalism’s justificatory module. (shrink)

The body in need of care is the subaltern of the neoliberal epistemic order: it is that which cannot be heard, and that which is muted, partially so even in care ethics. In order to read the writing by which the needy body writes the world, a new ethics must be articulated. Building on Jacques Derrida’s philosophy of deconstruction, Gayatri Chakravorty Spivak’s notions of subalternity and epistemic violence, critical disability scholarship, and corporeal care theories, in this article I develop an (...) ethics of needs. This is an ethical position that seeks to read the world that care needs write with the relations they enact. The ethics of needs deconstructs the world with a focus on those care needs that are presently responded to with neglect, indifference, or even violence: the absence of care. Specifically, the ethics of needs opens a space—a spacing, an aporia—for a more ethical politics of life than neoliberal biopolitics can ever provide, namely, the politics of life of needs. (shrink)

Bureaucracy has had few admirers, as a quick perusal of 20th-century political and social theory readily indicates. In recent years, several feminist theorists have also joined this vociferous anti-bureaucracy chorus, denouncing bureaucracy’s excessively hierarchical, impersonal, cold and controlling nature. The goal of this article is to review these charges and to show why the term ‘caring bureaucracy’ is not an oxymoron. In the first two sections, the author considers the various reasons why bureaucratic structures are said to be bad both (...) for the people who work in them and for those who deal with them. The author proposes to discuss these charges in light of some research on feminist organizations and street-level bureaucracy. The intention is not to offer a paean to street-level discretion or to the claims of ‘the heart’ in public service; it is, rather, to underscore at once the beauty and the danger of discretion. It is also noted that feminist theorists ought to be cautious when they call for ‘flattened hierarchies’ and for fewer rules in large institutions – for these might work against the best interests of women. The last part of the article offers the outline of a caring bureaucracy and suggests avenues to be explored in future care ethics research. (shrink)

Inaugural lecture as Professor of Women's Studies in the Social Science Faculty at the University of Utrecht.

Central to the discourse ethics advanced by Jürgen Habermas is a principle of universalization (U) amounting to a dialogical equivalent of Kant's Categorical Imperative. Habermas has proposed that ?U? follows by material implication from two premises: (1) what it means to discuss whether a moral norm ought to be . adopted and (2) what those involved in argumentation must suppose of themselves if they are to consider a consensus they reach as rationally motivated. To date, no satisfactory derivation of ?U? (...) from these two premises has been presented. Thus the present study attempts to show how one can, without begging the question, arrive at ?U? by assuming a suitable explication of these two premises, supplemented with a fairly innocuous assumption about the context of discourse. If the argument is sound, then ?U? brings both deontological and consequentialist intuitions together with a notion of solidarity that requires an intersubjective account of insight. (shrink)

Constellations, Volume 29, Issue 3, Page 375-392, September 2022.

A philosophical investigation of new year's celebrations.

The concept of recognition has been pivotal in critical theory in recent years. This paper discusses how two goals of a critical theory of recognition – to explain and to morally evaluate social change – are interrelated. In doing so, this paper draws the limits of the concept of struggles for recognition. It is argued that if a social movement can be deemed illegitimate, this movement can no longer be understood as struggling for recognition. This implies that the two goals (...) of a critical theory of recognition cannot be fulfilled simultaneously: a moral standard that distinguishes between legitimate and illegitimate social struggles cannot distinguish between different types of struggles for recognition, but only between struggles for recognition and other types of social struggles. Drawing the limits of the concept of struggles for recognition in this way helps to better distinguish between different types of social struggle and contributes to a more precise understanding of what struggles for recognition entail. (shrink)

Inequalities in expectations to receive care permeate social structures, reinforcing racialized and gendered hierarchies. Harming the people who are overburdened and disadvantaged as caregivers, these inequalities also shape the subjectivities and corporeal habits of the class of people who expect to receive care from others. With three examples, I illustrate a series of justificatory asymmetries across gender and racial lines that illustrate (a) asymmetries in deference and attendance to the needs of others as well as (b) assertions of the rightful (...) occupation of space. These justificatory asymmetries are cogent reasons to evaluate the justice of caregiving arrangements in a way that tracks data about who cares for whom, which can be understood by the concept of the arrow of care map. I suggest, therefore, that the arrow of care map is a necessary component of any critical care theory. In addition, employing a method called living counterfactually, I show that when women of color assert full claimant status, we are reversing arrows of care, which then elicits resistance and violence from varied actors in the real world. These considerations together contribute to further defense of the theory of liberal dependency care’s constructivism, which combines hypothetical acceptability with autonomy skills in the real world. Each level, in turn, relies on the transparency of care practices in the real world as enabled by the arrow of care map. (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)

This paper examines normative feminist care scholarship through the lens of a sexual bathhouse. At first glance, a space dedicated to casual sexual pleasure seems at odds with feminist care. Drawing on the Toronto Women's Bathhouse (TWB) as a case study, this paper argues that bathhouse spaces can exemplify feminist care norms. At the same time, as a casual sexual space oriented towards personal autonomy, carefree conduct, and self-care, TWB also challenges certain feminist care assumptions. Drawing on these challenges, in (...) the light of wider problems with normative care theorizing, particularly the sanitization and idealization of personal relationships, the paper seeks to revision care along non-normative lines. (shrink)

What can Western feminism hope to learn from women whose feminisms were originally shaped by experiences behind the ‘Iron Curtain’? In the first instance, an acute sensitivity to the importance of a politics that is responsive to needs. In its social democratic heyday, Western feminism had embraced a politics of contested need interpretation. Now, though, a neoliberal version has converted feminism into an attitudinal resource for the individual woman who is bent upon success. The takeover was made easy by the (...) poor self-understanding of social democratic feminism. My paper will compare Agnes Heller’s theory of ‘radical needs’ and Maria Márkus’s account of the ‘politicization of needs’ and apply both to the normative clarification of endangered feminist agendas. We look to the Budapest School women for more than just a way of conceptualizing the political radicalism of modern feminism as a social movement. Women need heroes too and a reflection upon the dignified and admirable lives of Agnes Heller and Maria Márkus has much to contribute to an ongoing search for a feminist ethic of the self. (shrink)