Recently, some scholars have argued that testimonial injustice may not only be due to prejudice toward the speaker, but also prejudice toward the content of what the speaker says. I argue that such accounts do not merely expand our picture of epistemic injustice, but give us reason to radically revise our approach to reducing testimonial injustice. The dominant conception of this project focuses on reducing speaker prejudice. But even if one were to successfully do so, the frequency of content prejudice (...) means that one would still commit testimonial injustice in many of the same circumstances. I argue that we must reorient the project of reducing testimonial injustice toward critiquing the ideologies that produce it. I conclude with a sketch of what such a research program might look like. (shrink)

Miranda Fricker’s insightful work on epistemic injustice discusses two forms of epistemic injustice—testimonial injustice and hermeneutical injustice. Hermeneutical injustice occurs when the victim lacks the interpretative resources to make sense of her experience, and this lacuna can be traced down to a structural injustice. In this paper, I provide one model of how to fill the conceptual gap in hermeneutical injustice. First, I argue that the victims possess conceptual resources to make sense of their experiences, namely phenomenal concepts. Second, I (...) show how one might work the way up in a two-step process from a subjective, phenomenal concept to a novel, public concept. Finally, I discuss the conditions that have to be met for this process to be successful. The resulting model shows a way how the victims might alleviate hermeneutical injustice by developing novel concepts, given that the dominant group does not care about their predicament. (shrink)

Literature on testimonial injustice and ways that perpetrators might combat it have flourished since Miranda Fricker’s ground-breaking work on testimonial injustice. Less attention has been given, however, to the role of bystanders. In this paper, I examine the accountability that bystanders may have for their omissions to redress testimonial injustice. I argue that bystander accountability applies in cases where it is opportune for bystanders to intervene, and if they are also sufficiently equipped and able to redress the testimonial injustice. Moreover, (...) I recommend that we move beyond virtue responsibilism for ameliorative thinking about testimonial injustice. (shrink)

Miranda Fricker's original presentation of Hermeneutical Injustice left open theoretical choice points leading to criticisms and subsequent clarifications with the resulting dialectic appearing largely verbal. The absence of perspicuous exposition of hallmarks of Hermeneutical Injustice might suggest scenarios exhibiting some – but not all – such hallmarks are within its purview when they are not. The lack of clear hallmarks of Hermeneutical Injustice, moreover, obscures both the extent to which Fricker's proposed remedy Hermeneutical Justice – roughly, virtuous communicative practices – (...) adequately addresses the injustice, and the accuracy of criticisms suggesting that Hermeneutical Justice is insufficient to the task. In what follows, after briefly defending necessary and sufficient conditions for what I take to be the best candidate interpretation of Hermeneutical Injustice, I build on recent work on moral responsibility to construct and defend a rigorous explication of Hermeneutical Justice. (shrink)

Journal of Social Philosophy, EarlyView.

Recent impossibility theorems for fair risk assessment extend to the domain of epistemic justice. We translate the relevant model, demonstrating that the problems of fair risk assessment and just credibility assessment are structurally the same. We motivate the fairness criteria involved in the theorems as also being appropriate in the setting of testimonial justice. Any account of testimonial justice that implies the fairness/justice criteria must be abandoned, on pain of triviality.

The 2005 International Consensus Conference on Intersex resulted in a substantive revision of the lexicon and guidelines for treating intersex conditions. The speed with which the new treatment protocol has been adopted by healthcare practitioners and providers is considered unprecedented. However, a number of intersex people and advocacy groups have complained that the recommended revisions are inadequately informed by the testimony of intersex people. In this paper, I argue that such complaints are valid and that, despite the conference conveners stated (...) intention, the revisions perpetuate the epistemic injustice long endured by intersex people. By analyzing the Consensus Conference and its results as a failed attempt to redress the epistemic marginalization of intersex patients and advocacy groups, I am able to identify lingering institutional hurdles to cultivating the virtue of epistemic justice in biomedical practice. (shrink)

Philosophy of medicine has traditionally examined two issues: the scientific ontology for medicine and the epistemic significance of the types of evidence used in medical research. In answering each question, philosophers have typically brought to bear tools from traditional analytic philosophy. In contrast, this volume explores medical knowledge from the perspective offered by social epistemology.While many of the same issues are addressed, the approach to these issues generates both fresh questions and new insights into old debates. In addition, the broader (...) purview offered by social epistemology opens up opportunities to address new topics such as the role of consensus conferences, epistemic injustice, the value of medical knowledge, continuing medical education, and industry funding. This article situates and summarizes the contributions to this special issue. (shrink)

Miranda Fricker identifies a wrong she calls ‘hermeneutical injustice’. A culture’s hermeneutical resources are the shared meanings its members use to understand their experience, and communicate this understanding to others. Cultures tend to be composed of different social groups that are organised hierarchically. As a consequence of these uneven power relations, the culture’s shared meanings often reflect the lives of its more powerful members, and fail to properly capture the experiences of the less powerful. This may result in members of (...) less powerful groups being harmed. Such disadvantage constitutes, for Fricker, hermeneutical injustice. In this paper, I discuss a problem for Fricker, which arises when we consider what is required to remedy a hermeneutical wrong. Fricker characterizes hermeneutical injustice as involving a lack of concepts, on the part of the disadvantaged group, to capture some important aspect of their experience. But what has not been properly appreciated in the literature to date, is that it is really competing views of the world that are at stake. Moreover, Fricker’s account seemingly implies that the disadvantaged group’s understanding of the world should be treated as authoritative, and taken up by the wider culture. The worry is that in some cases, the disadvantaged group’s view of the world is not one that we think should be accepted. Having presented this problem, I will then show that it bears some similarities to another debate: the dispute over feminist critiques of alien cultural practices. I will then argue that lessons drawn from the latter can help overcome the problem of authority in Fricker’s case. (shrink)

The practice of Emergency Management in Michigan raises anew the question of whose knowledge matters to whom and for what reasons, against the background of what projects, challenges, and systemic imperatives. In this paper, I offer a historical overview of state intervention laws across the United States, focusing specifically on Michigan’s Emergency Manager laws. I draw on recent analyses of these laws to develop an account of a phenomenon that I call epistemic redlining, which, I suggest, is a form of (...) group-based credibility discounting not readily countenanced by existing, ‘culprit-based’ accounts of epistemic injustice. I argue that epistemic redlining plays a crucial role in ongoing projects of racialized subordination and dispossession in Michigan, and that such discounting tends to have structural causes that can be difficult to identify and uproot. Contrary to the general thrust of recent work on the topic, I argue that epistemic redlining ought to be understood as a form of epistemic injustice. (shrink)

The 2005 International Consensus Conference on Intersex resulted in a substantive revision of the lexicon and guidelines for treating intersex conditions. The speed with which the new treatment protocol has been adopted by healthcare practitioners and providers is considered unprecedented. However, a number of intersex people and advocacy groups have complained that the recommended revisions are inadequately informed by the testimony of intersex people. In this paper, I argue that such complaints are valid and that, despite the conference conveners stated (...) intention, the revisions perpetuate the epistemic injustice long endured by intersex people. By analyzing the Consensus Conference and its results as a failed attempt to redress the epistemic marginalization of intersex patients and advocacy groups, I am able to identify lingering institutional hurdles to cultivating the virtue of epistemic justice in biomedical practice. (shrink)

Implicit bias results from living in a society structured by race. Tamar Gendler has drawn attention to several epistemic costs of implicit bias and concludes that paying some costs is unavoidable. In this paper, we reconstruct Gendler’s argument and argue that the epistemic costs she highlights can be avoided. Though epistemic agents encode discriminatory information from the environment, not all encoded information is activated. Agents can construct local epistemic environments that do not activate biasing representations, effectively avoiding the consequences of (...) activation. We conclude that changing our local environments provides a way to avoid paying implicit bias’s epistemic costs. (shrink)

There's been a great deal of interest in epistemology regarding what it takes for a hearer to come to know on the basis of a speaker's say-so. That is, there's been much work on the epistemology of testimony. However, what about when hearers don't believe speakers when they should? In other words, what are we to make of when testimony goes wrong? A recent topic of interest in epistemology and feminist philosophy is how we sometimes fail to believe speakers due (...) to inappropriate prejudices – implicit or explicit. This is known as epistemic injustice. In this article, I discuss Miranda Fricker's groundbreaking work on epistemic injustice, as well as more recent developments that both offer critique and expansion on the nature and extent of epistemic injustice. (shrink)

Miranda Fricker maintains that testimonial injustice is a matter of credibility deficit, not excess. In this article, I argue that this restricted characterization of testimonial injustice is too narrow. I introduce a type of identity-prejudicial credibility excess that harms its targets qua knowers and transmitters of knowledge. I show how positive stereotyping and prejudicially inflated credibility assessments contribute to the continued epistemic oppression of marginalized knowers. In particular, I examine harms such as typecasting, compulsory representation, and epistemic exploitation and consider (...) what hearers are obligated to do in response to these injustices. I argue that because epistemic harms to marginalized knowers also arise from prejudicially inflated assessments of their credibility, the virtue of testimonial justice must be revised to remedy them. (shrink)

Over the course of her career, Jean Harvey contributed many invaluable insights that help to make sense of both injustice and resistance. Specifically, she developed an account of what she called “civilized oppression,” which is pernicious in part because it can be difficult to perceive. One way that we ought to pursue what she calls a “life of moral endeavor” is by increasing our perceptual awareness of civilized oppression and ourselves as its agents. In this article I argue that one (...) noxious form of civilized oppression is what Miranda Fricker calls “testimonial injustice.” I then follow Harvey in arguing that one of the methods by which we should work to avoid perpetrating testimonial injustice is by empathizing with others. This is true for two reasons. The first is that in order to manifest what Fricker calls the virtue of testimonial justice, we must have a method by which we “correct” our prejudices or implicit biases, and empathy serves as such a corrective. The second is that there are cases where the virtue of testimonial justice wouldn't in fact correct for testimonial injustice in the way that Fricker suggests, but that actively working to empathize would. (shrink)

In this paper, I make explicit some implicit commitments to realism and conceptualism in recent work in social epistemology exemplified by Miranda Fricker and Charles Mills. I offer a survey of recent writings at the intersection of social epistemology, feminism, and critical race theory, showing that commitments to realism and conceptualism are at once implied yet undertheorized in the existing literature. I go on to offer an explicit defense of these commitments by drawing from the epistemological framework of John McDowell, (...) demonstrating the relevance of the metaphor of the “space of reasons” for theorizing and criticizing instances of epistemic injustice. I then point out how McDowell’s own view requires expansion and revision in light of Mills' concept of 'epistemologies of ignorance'. I conclude that, when their strengths are used to make up for each others' weaknesses, Mills and McDowell’s positions mutually reinforce one another, producing a powerful model for theorizing instances of systematic ignorance and false belief. (shrink)

In this paper, I argue that recent discussions of culprit-based epistemic injustices can be framed around the intellectual character virtue of open-mindedness. In particular, these injustices occur because the people who commit them are closed-minded in some respect; the injustices can therefore be remedied through the cultivation of the virtue of open-mindedness. Describing epistemic injustices this way has two explanatory benefits: it yields a more parsimonious account of the phenomenon of epistemic injustice and it provides the underpinning of a virtue-theoretical (...) structure by which to explain what it is that perpetrators are culpable for and how virtues can have normative explanatory power. (shrink)

In this paper I argue that Fricker’s influential account of testimonial injustice (hereafter ‘TI’) should be expanded to include cases of TI from mutually neutralising countervailing prejudices. In this kind of case, the hearer is given due credibility by the speaker. I describe a relevant case, defend it from objections, highlight how it differs from extant cases of due-credibility TI and describe its distinctive features. This case demonstrates how paying attention to the way multiple prejudices operate in concert leads to (...) expanding the repertoire of cases of TI and casts light on the harms of TI. (shrink)

There are different ways to study feminism. One of the ways is to study it by analyzing the waves of feminism. Though there are differences of opinion on how many waves of feminism have been so far, we would like to hold on to the generally accepted view that there are four waves of feminism so far and we try to research into one of the hallmarks of the fourth wave feminism, feminist hashtag. Though some people consider hashtags momentary and (...) frenzy, it’s a platform for feminist epistemology and feminist policy making. Moreover, it assists the development of social epistemology and reconsiders the notion of objectivity. The representative slogans of the first three waves of feminism were like the precursors of hashtags and the spokeswomen of the first three waves of feminism present the necessity of space for writing. The fourth-wave feminists make use of cyberspace as a space for addressing feminist concerns through hashtags. However, we recognize certain similarities of concerns in all the waves of feminism. The analysis of two epistemological theses, i.e., situated knowledge thesis and epistemic advantage thesis on developing the theme of how hashtags assist in knowledge production. The idea of situated knowledge explains how experiences specific to oppressed members of groups can serve as the basis of the development of important insights. Hashtags could be considered as a new way of understanding the links between gender and knowledge. Feminist slogans and hashtags are also media of testimonial exchange. When the issues of differential credulity and credibility arise the tenet of situated knowing comes to the aid of the feminist thinker. Building up the climate of trust generates knowledge of the forces and dynamics of the oppressed. Trust helps to overcome identity prejudice and testimonial injustice. Feminist policies make women visible in feminist public policies. Responsible interventions into epistemic practices by public policy-making can help move society in the direction of social justice. Hashtag testimony leads to consciousness-raising and protest movements which in turn leads to the public reasoning and policy that empowers women. The reflections of Miranda Fricker are of great advantage in disclosing feminist epistemology that revolves around feminist hashtags. Her doctrines enrich the feminist hashtags with new insights and new directions. A study on the epistemological relevance of hashtag feminism enhances the development of social epistemology. It invites our attention to re-reflect on the concept of objectivity and empowers feminist movements and women. (shrink)

The literature on epistemic injustice has thus far confined the concept of testimonial injustice to speech expressions such as inquiring, discussing, deliberating, and, above all, telling. I propose that it is time to broaden the horizons of testimonial injustice to include a wider range of expressions. Controversially, the form of communication I have in mind is non-verbal expression. Non-verbal expression is a vital, though often overlooked, form of communication, particularly for people who have certain neurocognitive disorders. Dependency upon non-verbal expression (...) is a common feature of some forms of neurocognitive disorders such as ‘intellectual disabilities’, autism and late-stage dementia. According to the narrow definition of testimonial injustice currently championed in the literature, people who express non-verbally are exempt from testimonial injustice. However, when we consider cases where meaningful communications from non-verbal people are dismissed or ignored in virtue of identity prejudice, there seems to be a distinct testimonial harm at play. Using late-stage dementia as a case study, I argue that the definition of testimonial injustice should be expanded to include all communicative practices, whether verbal or non-verbal, to encompass the epistemic harms inflicted upon some of the most marginalised in our society. (shrink)

In this essay, I argue that certain injustices faced by mentally disabled persons are epistemic injustices by drawing upon epistemic injustice literature, especially as it is developed by Miranda Fricker. First, I explain the terminology and arguments developed by Fricker, Gaile Pohlhaus, Jr., and Kristie Dotson that are useful in theorizing epistemic injustices against mentally disabled people. Second, I consider some specific cases of epistemic injustice to which mentally disabled persons are subject. Third, I turn to a discussion of severely (...) mentally disabled persons who, because they are unable to share information or develop interpretations of shared social experiences, may fall outside Fricker’s discussion of epistemic injustice. Fourth and finally, following arguments given by Kristie Dotson and Christopher Hookway, I define and explain a type of epistemic injustice: intimate hermeneutical injustice that I believe supplements other discussions of epistemic injustice. (shrink)

Indigenous peoples are disproportionally vulnerable to climate change. At the same time, they possess valuable knowledge for fair and sustainable climate adaptation planning and policymaking. Yet Indigenous peoples and knowledges are often excluded from or underrepresented within adaptation plans and policies. In this paper we ask whether the concept of epistemic injustice can be applied to the context of climate adaptation and the underrepresentation of Indigenous knowledges within adaptation policies and strategies. In recent years, the concept of epistemic injustice has (...) gained prominence, indicating that someone has been unfairly discriminated against in their capacity as a knower. We argue that many climate adaptation policies are epistemically unjust towards Indigenous peoples because of the underrepresentation of Indigenous knowledges by showing how the case of Indigenous knowledges in climate adaptation planning and policy satisfies five conditions of epistemic injustice. We further consider what challenges there are to integrating local and Indigenous knowledges within development in general, and climate adaptation strategies in particular and how these can be addressed. Whether the lack of Indigenous knowledges in climate adaptation policies constitutes an epistemic injustice matters because an injustice denotes an unfair advantage to one group – whether by design or default – that ought to be remedied and redressed. (shrink)

Stephen John has recently suggested that the ethics of communication yields important insights as to how values should be incorporated into science. In particular, he examines cases of “wishful speaking” in which a scientific actor endorses unreliable conclusions in order to obtain the consequences of the listener treating the results as credible. He concludes that what is wrong in these cases is that the speaker surreptitiously relies on values not accepted by the hearer, violating what he terms “the value-apt ideal”. (...) I expand on this view by integrating into it Miranda Fricker’s account of testimonial injustice. I find testimonial injustice can arise in a manner unanticipated by Fricker, specifically that a credibility excess given to a speaker typically reduces the ability of others in the epistemic community to transmit knowledge, a phenomenon I term “collateral epistemic injustice”. I argue that this possibility entails that receivers have an ethical obligation to assign credibility judiciously. A further consequence of this view is that the value-apt ideal is insufficient. Because audience members have an obligation to assign credibility judiciously, a speaker cannot merely rely on shared values, they must also be open about the extent to which their conclusions depend on those values. Thus, both wishful speaking and obscuring the value-dependent nature of a conclusion makes one an unreliable source of information. Accordingly, other community members have an ethical obligation to ignore a speaker that frequently engages in either. (shrink)

In most testimonial transactions between adults, the hearer’s obligation is to accord the speaker a level of credibility that matches the evidence that what she is saying is true. When the speaker...

In this article, I discuss cases in which moral grievances, particularly assertions that a moral injury has taken place, are systematically obstructed by received linguistic and epistemic practices. I suggest a social epistemological model for theorizing such cases of moral epistemic injustice. Towards this end, I offer a reconstruction of Lyotard’s concept of the differend, comparing it with Miranda Fricker’s concept of epistemic injustice, and considering it in light of some criticisms posed by Axel Honneth. Through this reconstruction and a (...) series of examples, I demonstrate that a basic formal structure recurs in cases of discursively repressed moral injury, namely, a particular kind of dilemma. I argue that appreciating this dilemma pushes us in the direction of a form of non-ideal ethical theory and I conclude by elaborating a conception of moral reflective judgement that begins from particular experiences of moral injury and moves towards the creation of new moral universals. (shrink)

Pro-diversity beliefs hold that greater diversity leads to better results in academia, business, politics and a variety of other contexts. This paper explores the possibility that pro-diversity beliefs can generate unfair expectations that marginalized people produce distinctive bonuses, a phenomenon we refer to as the “diverse person’s burden”. We suggest that a normic conception of diversity, according to which non-diversity entails social privilege, together with empirical research on psychological entitlement suggests an explanation of how the diverse person’s burden can arise (...) in many social settings. We also suggest structural and institutional remedies to address the diverse person’s burden, as well as an individual virtue we label positional awareness. (shrink)

The semantic gaps of hermeneutical injustice can be and are routinely overcome. The effort involved in responding to hermeneutical injustice, though, should be included in a taxonomy of epistemic injustice. Those who overcome hermeneutical injustice are deprived non-arbitrarily of access to the epistemic labor of others, and so their choices about where to direct their epistemic labors are unjustly limited.

Hermeneutical injustice occurs when there is a gap in the interpretive resources available to members of a society due to the marginalization of members of a social group from sense‐making practices. In this paper, I address two questions about hermeneutical injustice that are undertheorized in the recent literature: (1) what do we mean when we say that someone lacks the interpretive resources for making sense of an experience? and (2) how do marginalized individuals develop interpretive resources? In response to (1), (...) I argue that to lack interpretive resources is to lack conceptual skill or know how. In response to (2), I draw on resources from Gilbert Ryle and Andy Clark and provide a model of how marginalized individuals develop new conceptual skills by naming their shared experience and using it as a tool for scaffolding each other's conceptual performance. At the same time, I draw on the work of Gaile Pohlhaus and Kristie Dotson to show how these practices succeed only through the redistribution of epistemic power across differently situated social groups. (shrink)

Miranda Fricker maintains that testimonial responsibility is the proper corrective to testimonial injustice. She proposes a perceptual-like “testimonial sensibility” to explain the transmission of knowledge through testimony. This sensibility is the means by which a hearer perceives an interlocutor's credibility level. When prejudice causes a hearer to inappropriately deflate the credibility attributed to a speaker, the sensibility may have functioned unreliably. Testimonial responsibility, she claims, will make the capacity reliable by reinflating credibility levels to their proper degree. I argue that (...) testimonial sensitivity may be or involve “mindreading,” the cognitive capacity by which we predict human behavior and explain it in terms of mental states. Further, I claim that, if testimonial sensibility is or involves mindreading, and mindreading is a function of brain processes, testimonial injustice cannot be corrected by testimonial responsibility. This is because 1) it appears to rely on conscious awareness of prejudice, whereas much bias occurs implicitly, and 2) it works at the individual level, whereas testimonial injustice occurs both individually and socially. I argue that the remedy for testimonial injustice is, instead, engaging in social efforts that work below the level of consciousness. (shrink)

Jürgen Habermas's recent challenge to secular citizens calling for greater inclusivity of religious justifications in the public sphere opens new epistemological debates that could benefit from the rich insights of feminist epistemologists. Despite certain theoretical tensions, there is some common ground between Habermas and recent work in feminist epistemology. Specifically, this article explores the shared interests between Habermas and one feminist theorist in particular, Miranda Fricker. I choose Fricker because her formulation of the epistemological and ethical hybrid virtues of testimonial (...) justice and hermeneutical justice provide efficacious theoretical and practical tools capable of deepening the epistemological basis of Habermas's challenge to secular citizens. After a detailed analysis of Habermas's and Fricker's respective epistemological positions, I argue that Fricker's analysis provides a rich framework for thinking through questions of power, identity, and credibility with respect to religious justifications in the public sphere. In conclusion, this article emphasizes the importance of fostering more robust and just epistemic communities capable of countering the social, political, and ethical injustices of epistemic disauthorization and marginalization. (shrink)

In light of recent social psychological literature, I expand Miranda Fricker’s important notion of testimonial injustice. A fair portion of Fricker’s account rests on an older paradigm of stereotype and prejudice. Given recent empirical work, I argue for what I dub prescriptive credibility deficits in which a backlash effect leads to the assignment of a diminished level of credibility to persons who act in counter-stereotypic manners, thereby flouting prescriptive stereotypes. The notion of a prescriptive credibility deficit is not merely an (...) interesting conceptual addendum that can be appended to Fricker’s theory without need for further emendation. I develop the wider implications of prescriptive credibility deficits and argue that they pose a challenge to Fricker’s conception of the function of credibility assignments in conversational exchange and how a virtuous listener should respond to the potential threat of a prejudicial stereotype affecting her credibility assignments. (shrink)

ABSTRACT It is a common contention that education done uncritically and unreflectively may serve to sustain and justify the status quo, in terms of mechanisms of cultural or racial privileging and marginalization. This article explores an argument made from within anti-oppressive education theory and advocated by theorist Kevin Kumashiro, namely that transformative education must entail altering harmful citational practices. I see two shortcomings in relation to this argument: first, its focus on discursive practice entails a prerequisite of high discursive literacy. (...) Second, it may lead to a failure to give credit to people’s intentions, risking a conflation of honest mistakes and wilful ignorance, and depriving us of theoretical nuance. While a well-argued and important call, I argue in this article that both shortcomings lead to the risk of a polarized conversation. Focusing on cultural, ethnic, and racial categorization, and using social studies as an illustration, it is suggested that applying notions from the theoretical concept of epistemic injustice may open up a space for granting nuanced credit to people’s intentions, thereby mitigating the risk of polarization. Rather than viewing attention to outcome and attention to intention as oppositional to one another, it is argued that both theoretical perspectives may benefit from the insights of the other. By applying needed context-specificity and nuance to categorizations of dominance and marginalization in individual discursive exchange, this can be done without granting priority to the experience of dominantly situated knowers. (shrink)

Mental health legislation that requires patients to accept ‘care’ has come under increasing scrutiny, prompted primarily by a human rights ethic. Epistemic issues in mental health have received some attention, however, less attention has been paid to the possible epistemic problems of mental health legislation existing. In this manuscript, we examine the epistemic problems that arise from the presence of such legislation, both for patients without a prior experience of being detained under such legislation and for those with this experience. (...) We also examine how the doctor is legally obligated to compound the epistemic problems by the knowledge they prioritise and the failure to generate new knowledge. Specifically, we describe the problems of testimonial epistemic injustice, epistemic silencing, and epistemic smothering, and address the possible justification provided by epistemic paternalism. We suggest that there is no reasonable epistemic justification for mental health legislation that creates an environment that fundamentally unbalances the doctor–patient relationship. Significant positive reasons to counterbalance this are needed to justify the continuation of such legislation. (shrink)