This article argues that diverse theorists have reasons to theorize about fairness in nonideal conditions, including theorists who reject fairness in ideal theory. It then develops a new all-purpose model of ‘nonideal fairness.’ §1 argues that fairness is central to nonideal theory across diverse ideological and methodological frameworks. §2 then argues that ‘nonideal fairness’ is best modeled by a nonideal original position adaptable to different nonideal conditions and background normative frameworks (including anti-Rawlsian ones). §3 then argues that the parties to (...) the model have grounds to seek a variety of remedial social, legal, cultural, and economic ‘nonideal primary goods’ for combating injustice, as well as grounds to distribute these goods in an equitable and inclusive manner. Finally, I illustrate how the model indexes the nonideal primary goods it justifies to different nonideal contexts and background normative frameworks, illustrating why diverse theorists should find the model and its output principles attractive. (shrink)

This article examines the methodology of a core branch of contemporary political theory or philosophy: “analytic” political theory. After distinguishing political theory from related fields, such as political science, moral philosophy, and legal theory, the article discusses the analysis of political concepts. It then turns to the notions of principles and theories, as distinct from concepts, and reviews the methods of assessing such principles and theories, for the purpose of justifying or criticizing them. Finally, it looks at a recent debate (...) on how abstract and idealized political theory should be, and assesses the significance of disagreement in political theory. The discussion is carried out from an angle inspired by the philosophy of science. (shrink)

Inspired by recent breakthroughs in predictive modeling, practitioners in both industry and government have turned to machine learning with hopes of operationalizing predictions to drive automated decisions. Unfortunately, many social desiderata concerning consequential decisions, such as justice or fairness, have no natural formulation within a purely predictive framework. In efforts to mitigate these problems, researchers have proposed a variety of metrics for quantifying deviations from various statistical parities that we might expect to observe in a fair world and offered a (...) variety of algorithms in attempts to satisfy subsets of these parities or to trade o the degree to which they are satised against utility. In this paper, we connect this approach to fair machine learning to the literature on ideal and non-ideal methodological approaches in political philosophy. The ideal approach requires positing the principles according to which a just world would operate. In the most straightforward application of ideal theory, one supports a proposed policy by arguing that it closes a discrepancy between the real and the perfectly just world. However, by failing to account for the mechanisms by which our non-ideal world arose, the responsibilities of various decision-makers, and the impacts of proposed policies, naive applications of ideal thinking can lead to misguided interventions. In this paper, we demonstrate a connection between the fair machine learning literature and the ideal approach in political philosophy, and argue that the increasingly apparent shortcomings of proposed fair machine learning algorithms reflect broader troubles faced by the ideal approach. We conclude with a critical discussion of the harms of misguided solutions, a reinterpretation of impossibility results, and directions for future research. (shrink)

This chapter discusses the Rawlsian project of public reason, or public justification-based 'political' liberalism, and its reception. After a brief philosophical rather than philological reconstruction of the project, the chapter revolves around a distinction between idealist and realist responses to it. Focusing on political liberalism’s critical reception illuminates an overarching question: was Rawls’s revival of a contractualist approach to liberal legitimacy a fruitful move for liberalism and/or the social contract tradition? The last section contains a largely negative answer to that (...) question. Nonetheless the chapter's conclusion shows that the research programme of political liberalism provided and continues to provide illuminating insights into the limitations of liberal contractualism, especially under conditions of persistent and radical diversity. The programme is, however, less receptive to challenges to do with the relative decline of the power of modern states. (shrink)

Philosophy has the dubious distinction of attracting and retaining proportionally fewer women than any other field in the humanities, indeed, fewer than in all but the most resolutely male-dominated of the sciences. This short article introduces a thematic cluster that brings together five short essays that probe the reasons for and the effects of these patterns of exclusion, not just of women but of diverse peoples of all kinds in Philosophy. It summarizes some of the demographic measures of exclusion that (...) are cause for concern and identifies key themes that cross-cut these discussions: gender stereotypes and climate issues, ‘cognitive distortions’ and disciplinary norms. (shrink)

Numerous philosophers allege that the "general theory of second best" (Lipsey and Lancaster, 1956) poses a challenge to the Target View, which asserts that real world reform efforts should aim to establish arrangements that satisfy the constitutive features of ideal just states of affairs. I demonstrate two claims that are relevant in this context. First, I show that the theory of second best fails to present a compelling challenge to the Target View in general. But, second, the theory of second (...) best requires ideal theorists to undertake certain kinds of causal and comparative analyses that are typically thought to lie beyond the borders of conventional ideal theory. (shrink)

This essay surveys the main objections to aesthetic hedonism, the view that aesthetic value is reducible to the value of aesthetic pleasure or experience. Hedonism is the dominant view of aesthetic value, but a spate of recent criticisms has drawn its accuracy into question. I introduce some distinctions crucial to the criticisms, before using the bulk of the essay to identify and review six major lines of argument that hedonism's critics have employed against it. Whether or not these arguments suffice (...) to refute hedonism decisively, I argue that its privileged status, as the sole contender in aesthetic value theory, is detrimental to downstream research on aesthetic phenomena. The essay concludes with an overview of current work and promising avenues of inquiry into non-hedonic alternatives. (shrink)

In his recent bookThe Idea of Justice, Amartya Sen suggests that political philosophy should move beyond the dominant, Rawls-inspired, methodological paradigm – what Sen calls ‘transcendental institutionalism’ – towards a more practically oriented approach to justice: ‘realization-focused comparison’. In this article, I argue that Sen's call for a paradigm shift in thinking about justice is unwarranted. I show that his criticisms of the Rawlsian approach are either based on misunderstandings, or correct but of little consequence, and conclude that the Rawlsian (...) approach already delivers much of what Sen himself wants from a theory of justice. (shrink)

A literary criticism is presented of the book "Challenging Liberalism: Feminism As Political Critique," by Lisa Schwartzman, in response to a symposium devoted to her book. The author comments on feminist theory's criticism of liberalism and the potential for feminist methodology to address the oppression of women globally. Topics include the argument for women's rights as human rights and criticism of the women's rights movement by African scholars, as well as a discussion of the Massai tribe.

This paper draws on Claudia Card’s discussions of moral luck to consider the complicated moral life of people—described as pessimists—who accept the heavy knowledge of the predictability of the bad moral luck of oppression. The potential threat to ethics posed by this knowledge can be overcome by the pessimist whose resistance to oppression, even in the absence of hope, expresses a sense of still having a ‘‘claim’’ on flourishing despite its unattainability under oppression.

Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. This tension between free (...) speech and equal opportunity creates a dilemma for liberal egalitarians. Nonideal theory apparently offers an escape from this dilemma, but after examining three versions of such an escape strategy, I conclude that none is possible: liberal egalitarians are indeed forced to choose between liberty and equality in this case and others. I finish the paper by examining its implications for other policy arenas, including markets in transplantable human organs and women’s reproductive services. (shrink)

In this paper, I consider what one might call a negative-critical turn in egalitarian political theorizing, according to which egalitarians should not begin with a positive account of how a society...

Liberal egalitarians tend to be committed both to generous asylum policies and generous, universal welfare states. Yet there may be political, social and economic reasons why there is a conflict in realising both. Asylum seekers may create economic pressures to the welfare state, or undermine national solidarity supposedly necessary to support redistribution. In this paper, I discuss how political theorists should approach these empirical concerns. I take issue with the view that theorists can simply move between ‘realism’ and ‘idealism’ by (...) accepting more or less of reality. Instead, political theorists should seek to offer a critical description of the conflict, which can reveal structures of power that ought to be subject to normative scrutiny. To this end, I discuss two accounts of how the welfare state may justify asylum restrictions in relation to the case of Sweden, a universal welfare state that has recently introduced restrictions on asylum to protect the welfare state. I argue along these accounts that the welfare state is both an important source of political and social order and a foundation of the personal moral experience. Yet a critical analysis also illustrates how these claims weaken as underlying methodological nationalism and bias towards existing power structures are brought to light. Asylum restrictions cannot be justified if they contribute to perpetuating these power structures, which cause some of the conflict with the welfare state in the first place. (shrink)

If we cannot define science using only analysis or description, then we must rely on imagination to provide us with suitable objects of philosophical inquiry. This process ties our intellectual findings to the particular ways in which we philosophers think about scientific practice and carve out a cognitive space between real world practice and conceptual abstraction. As an example, I consider Heather Douglas’s work on the responsibilities of scientists and document her implicit ideal of science, defined primarily as an epistemic (...) practice. I then contrast her idealization of science with an alternative: “technoscience,” a heuristic concept used to describe nanotechnology, synthetic biology, and similar “Mode 2” forms of research. This comparison reveals that one’s preferred imaginary of science, even when inspired by real practices, has significant implications for the distribution of responsibility. Douglas’s account attributes moral obligations to scientists, while the imaginaries associated with “technoscience” and “Mode 2 science” spread responsibility across the network of practice. This dynamic between mind and social order, I argue, demands an ethics of imagination in which philosophers of science hold themselves accountable for their imaginaries. Extending analogous challenges from feminist philosophy and Mills’s. “Ideal Theory’ as Ideology,” I conclude that we ought to reflect on the idiosyncrasy of the philosophical imagination and consider how our idealizations of science, if widely held, would affect our communities and broader society. (shrink)

During the 1960s and 1970s, institutionalists and behavioralists in the discipline of political science argued over the legitimacy of the institutional approach to political inquiry. In the discipline of philosophy, a similar debate concerning institutions has never taken place. Yet, a growing number of philosophers are now working out the institutional implications of political ideas in what has become known as “non-ideal theory.” My thesis is two-fold: (1) pragmatism and institutionalism are compatible and (2) non-ideal theorists, following the example of (...) pragmatists, can avoid a similar debate as took place between institutionalists and behavioralists by divulging their assumptions about institutions. (shrink)

This paper outlines an account of political realism as a form of ideology critique. Our focus is a defence of the normative edge of this critical-theoretic project against the common charge that there is a problematic trade-off between a theory’s groundedness in facts about the political status quo and its ability to consistently envisage radical departures from the status quo. To overcome that problem we combine insights from three distant corners of the philosophical landscape: theories of legitimacy by Bernard Williams (...) and other realists, Frankfurt School-inspired Critical Theory, and recent analytic epistemological and metaphysical theories of cognitive bias, ideology, and social construction. The upshot is a novel account of realism as empirically-informed diagnosis- critique of social and political phenomena. This view rejects a sharp divide between descriptive and normative theory, and so is an alternative to the anti- empiricism of some approaches to Critical Theory as well as to the complacency towards existing power structures found within liberal realism, let alone mainstream normative political philosophy, liberal or otherwise. (shrink)

Minimal adversariality consists in the opposition of contradictory conclusions in argumentation, and its usual metaphorical expression as a game between combating arguers has seen it be criticized from a number of perspectives: the language used, whether cooperation best attains the argumentative telos of epistemic betterment, and the ideal nature of the metaphor itself. This paper explores primarily the idealization of deductive argumentation, which is problematic due to its attenuated applicability to a dialectic involving premises and justificatory biases that are left (...) hidden and unelucidated. To clarify the issue and offer up a solution, we consider minimal adversariality as an involuntary state of affairs before relating this interpretation to a link between rational persuasion and the attainment of epistemic betterment. Through this we see how the idealizing tendencies of minimal adversariality can be reduced even in argumentation involving premises whose justifications for any arguer are inaccessible to any other arguer. (shrink)

In an ideal epistemic world, our beliefs would correspond to our evidence, and our evidence would be bountiful. In the world we live in, however, if we wish to live meaningful lives, other epistemic strategies are necessary. Here I attempt to work out, systematically, the ways in which evidentialism fails us as a guide to belief. This is so preeminently for lives of a religious character, but the point applies more broadly.

Open Access: This essay argues that Claudia Card numbers among important contributors to nonideal ethical theory, and it advocates for the worth of NET. Following philosophers including Lisa Tessman and Charles Mills, the essay contends that it is important for ethical theory, and for feminist purposes, to carry forward the interrelationship that Mills identifies between nonideal theory and feminist ethics. Card's ethical theorizing assists in understanding that interrelationship. Card's philosophical work includes basic elements of NET indicated by Tessman, Mills, and (...) others, and further offers two important and neglected elements to other nonideal ethical theorists: her rejection of the “administrative point of view,” and her focus on “intolerable harms” as forms of “extreme moral stress” and obstacles to excellent ethical lives. The essay concludes that Card's insights are helpful to philosophers in developing nonideal ethical theory as a distinctive contribution to, and as a subset of, nonideal theory. (shrink)

Sexual infidelity is widespread, but it is also widely condemned, yet relatively little philosophical work has been done on what makes it wrong and how wrong it is. In this paper, I argue that sexual infidelity is wrong if it involves breaking a commitment to be sexually exclusive, which has special significance in the relationship. However, it is not necessarily worse than other kinds of infidelity, and the context in which it takes place ought to be considered. I finish the (...) paper by looking at how the hegemonic norm of monogamy makes infidelity both more likely and more difficult to deal with. (shrink)

In recent work in political philosophy there has been much discussion of two approaches to theorizing about justice that have come to be called ‘ideal theory’ and ‘non-ideal theory’. The distinction was originally articulated by Rawls, who defended his focus on ideal theory in terms of a supposed ‘priority’ of the latter over non-ideal theory. Many critics have rejected this claim of priority and in general have questioned the usefulness of ideal theory. In diagnosing the problem with ideal theory, they (...) have frequently fingered for blame the idealization it involves. In this paper I focus on one particular, much-discussed idealization—full compliance—in order to defend it. Focusing on the assumption, I argue that Rawls’s work is not ideal in the way that it is usually thought to be, is less ideal than is widely recognized, and became less ideal over time. I also argue that critics who in effect claim that it is not realistic enough simply fail to understand Rawls’s central motivation. Finally, I defend the assumption by arguing that there is an important sense in which all theories of justice must assume full compliance. Such an assumption, I argue, is needed if we are to have a plausible basis on which to judge the normative attractiveness of a theory. (shrink)

This article discusses the adequacy of Rawls’ theory of justice as a tool for racial justice. It is argued that critics like Charles W Mills fail to appreciate both the insights and limits of the Rawlsian framework. The article has two main parts spread out over several different sections. The first is concerned with whether the Rawlsian framework suffices to prevent racial injustice. It is argued that there are reasons to doubt whether it does. The second part is concerned with (...) whether a Rawlsian framework has the resources to rectify past racial injustice. It is argued that it has more resources to do this than Mills allows. This second part of the article centers on two Rawlsian ideas: ideal theory and the fair equality of opportunity principle. It is argued that ideal theory is essential for the kind of rectificatory work that Mills wants nonideal theory to do, and that where there is a socioeconomic legacy of past injustice, it is hard to see how FEO could be implemented if it did no rectificatory work, a result which means that there is less need to turn to nonideal theory at all. (shrink)

This paper provides a new argument for the relevance of empirical research to moral and political philosophy and a novel defense of the positive program in experimental philosophy. The argument centers on the idea that normative concepts used in moral and political philosophy can be evaluated in terms of their fruitfulness in solving practical problems. Empirical research conducted with an eye to the practical problems that are relevant to particular concepts can provide evidence of their fruitfulness along a number of (...) dimensions. An upshot of the argument is that philosophers should not only engage with but must also be involved in conducting experimental studies that examine the practical roles that normative concepts can play. Rather than just clearing the way for philosophical work to be done, the argument has the further implication that empirical research will be required to advance at least some important debates in moral and political philosophy. (shrink)

Recently debates about the worth of “ideal theory” have directed attention to the functions that an account of a perfectly just society can serve. One function is that of “reconciliation”: learning that a seemingly undesirable feature of the social world would exist even in the perfectly just society can show us the value that it has in the present as well. John Rawls has emphasized reconciliation as among the roles of political philosophy. For instance, Rawls claims that his theory of (...) justice can reconcile us to the pluralism of liberal democracies. In this essay, I argue that Rawls’s political theory also can reconcile the inhabitants of liberal democratic societies to the fact that such societies may be cognitively confusing on account of their complexity. Then I contend that Rawls’s work offers valuable theoretical resources for analysing a society’s transparency or lack thereof. (shrink)

Muitos termos possuem um sentido técnico sem que ele seja evidente para todos, por exemplo, a "governança ambiental", termo que remete no contexto atual a uma participação cidadã nesse tipo de questão, por exemplo, da saúde de um ecossistema específico, tal como uma floresta ou um vale agrícola, a partir de preocupações partilhadas e não a partir de uma problemática de controle organizacional. Após ter tornado preciso o que é a expertise e quais são os principais problemas postos pelo recurso (...) à expertise nos contextos da ação cidadã, proponho que as expertises técnicas podem ser postas no mesmo patamar que outros tipos de expertise, referindo principalmente aos saberes comuns, à prática e à experiência concreta, dita "de campo", o que corresponde a uma ampliação. Sugere-se, então, o modelo de fórum híbrido como quadro teórico possível dessa reformulação da concepção de expertise. Many terms have a technical meaning although it is not evident for everyone, for example, the "environmental governance", term that refers in the present context to citizen participation on this type of question, for example, of the health of a specific ecosystem, such as a forest or an agricultural field, from shared preoccupations and not from a problematic of organizational control. After having made precise what is the expertise and what are the main problems posed by the recourse to the expertise in the contexts of citizen action, I propose that technical expertise can be tantamount to other types of expertise, referring mainly to profane knowledge, to the practice and concrete experience called "of field", which corresponds to an enlargement. Then it is suggested the model of an hybrid forum as a possible theoretical frame of this reformulation of the conception of expertise. (shrink)

Feminist socially constitutive conceptions of autonomy make the presence of idealized social conditions necessary for autonomy. I argue that such conceptions cannot, when applied under nonideal conditions, play two key feminist theoretical roles for autonomy: the roles of anti-oppressive character ideal and paternalism-limiting concept. Instead, they prescribe action that reinforces oppression. Treated as character ideals, socially constitutive conceptions of autonomy ask agents living under nonideal ones to engage in self-harm or self-subordination. Moreover, conceptions of autonomy that make idealized social conditions (...) a requirement of autonomy yield the conclusion that oppressed agents are appropriate objects of paternalism. (shrink)

This article is an introduction to an ancient Egyptian text called The Tale of the Eloquent Peasant and an argument that it ought to be seen as a classic of political philosophy. After contextualizing the tale as part of a tradition of moral and political philosophy in ancient Egypt, I explore the methods by which the text defines the proper roles of political authority and contrast its approach to justifying political authority with the argument from the state of nature so (...) common in modern Western political philosophy. I claim that the tale's argument from dysfunction anticipates the move in contemporary Western political philosophy towards privileging non-ideal over ideal theory. I discuss challenges in translating the key term in the tale – ma'at – in light of the fact that it can be taken to mean ‘justice’ and/or ‘truth’. Finally, I discuss how the irony at the heart of its narrative can lead us to interpret the tale as having either conservative or revolutionary implications for the political system it depicts. (shrink)

Many philosophers endorse the ideal of justice yet disagree radically over what that ideal requires. One persistent problem for thinking about justice is that the unjust social arrangements that originally motivated our questions may also distort our thinking about possible answers. This paper suggests some strategies for improving our thinking about justice in the unjust meantime. As our world becomes more just, we may expect our thinking about justice to improve.

As feminist scholars, we hope that our own work is exempt from structural problems such as racism, sexism, and Eurocentricism, that is, the kind of problems that are exemplified and enacted by Kant’s works. In other words, we hope that we do not re-enact, implicitly or explicitly, Kant’s problematic claims, which range from the unnaturalness of a female philosopher, “who might as well have a beard,” the stupid things that a black carpenter said “because he was black from head to (...) foot,” the poor women “living in the greatest slavery in the Orient,” to the “sheep-like existence of the inhabitants of Tahiti.” In this piece, I argue that we cannot simply hope to avoid these problems unless we are vigilant about incorporating the full picture of Kant’s and Kantian philosophy into our feminist appropriations. I will show that one way to minimize if not altogether avoid this risk is to follow the model of a new methodology that establishes the continued relevance of all of Kant’s claims for our present. Inspired by Spivak’s A Critique of Postcolonial Reason, I will call this alternative methodology the “constructive complicity” approach. (shrink)

Trudy Govier argues in The Philosophy of Argument that adversariality in argumentation can be kept to a necessary minimum. On her ac-count, politeness can limit the ancillary adversariality of hostile culture but a degree of logical opposition will remain part of argumentation, and perhaps all reasoning. Argumentation cannot be purified by politeness in the way she hopes, nor does reasoning even in the discursive context of argumentation demand opposition. Such hopes assume an idealized politeness free from gender, and reasoners with (...) inhuman or at least highly privileged capabilities and no need to learn from others or share understanding. (shrink)

This paper uses a non-ideal theory approach advocated for by Alison Jaggar to show that practices involved with the medicalization of serious mental disorders can subject people who have these disorders to a cycle of vulnerability that keeps them trapped within systems of injustice. When medicalization locates mental disorders solely as problems of individual biology, without regard to social factors, and when it treats mental disorders as personal defects, it perpetuates injustice in several ways: by enabling biased diagnoses through stereotyping, (...) by exploiting and coercing people who are seen as insufficiently competent, and by perpetuating idealized conceptions of choice and control that do not take into account people’s real limitations and the social context of health. Through practices of diagnosis, treatment, and recovery, medicalization can perpetuate injustices toward people who have serious mental disorders. (shrink)

Despite great advances in recent scholarship on the political philosophy of John Rawls, Rawls’s conception of stability is not fully appreciated. This essay aims to remedy this by articulating a more complete understanding of stability and its role in Rawls’s theory of justice. I argue that even in A Theory of Justice Rawls maintains that within liberal democratic constitutionalism judgments of relative stability typically adjudicate decisively among conceptions of justice and is committed to more deeply than to the substantive content (...) of justice as fairness. This essay thus emphasizes the continuity of Rawls’s thought over time and motivates the position that Rawlsian stability is as philosophically significant and distinctively Rawlsian as justice as fairness itself. (shrink)

In this paper we claim that Rawls’s theory is compatible with the absence of rectification of extremely important historical injustices within a given society. We hold that adding a new principle to justice-as-fairness may amend this problem. There are four possible objections to our claim: First, that historical rectification is not required by justice. Second, that, even when historical rectification is a matter of justice, it is not a matter of distributive justice, so that Rawls’s theory is justified in leaving (...) it unaddressed. Third, that dealing with historical injustice is outside of the scope of ideal theory, so that even when historical rectification is required by justice, Rawls’s theory starts with the assumption that no such historical injustice has occurred. Fourth, that while historical injustice is within the scope of Rawls’s theory, there is no need for further principles of justice to deal with it, so that the correct regulation of the principles of justice-as-fairness would ensure the rectification of all relevant historical injustices of a particular society. While we offer several arguments against the first and second objections, we address the last two at length and show that both fail. (shrink)

This article argues that non-ideal theory fails to deliver on its promise of providing a more accurate account of the real world by which philosophers can address problems of racism, sexual violence, and poverty. Because non-ideal theory relies on abstractions of groups which are idealized as causes for social phenomena, non-idealists imagine that categories like race or gender predict how groups behave in the real world. This article maintains that non-idealist abstractions often result in inaccuracy and makes the case that (...) empirically informed theories and group-based analyses are needed to correct the course of race-gender theory. (shrink)

Abolitionism is an animal rights' philosophy and social movement which has recently begun to grow. It has been largely contested but the criticisms directed at it have usually been articulated outside academia. In this article, I wish to contend that one of the criticisms directed at abolitionism—that it contains racist implications—is correct. I do this by defending the idea that abolitionism engages in what Eduardo Bonilla-Silva classifies as ‘racism without racists’—an unintentional and subtle form of racism. I present three ways (...) in which abolitionism may be considered racist and then address some possible objections to my view. (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)

Several authors have discussed and defended what is sometimes called the Asymmetry Thesis in social epistemology: that while reliance on testimony is essentially incontrovertible in epistemology, it is uniquely problematic for moral knowledge. This conclusion results, I argue, from considering the wrong sort of moral testimony: namely, ‘third-personal’ rather than ‘first-personal’ testimony. First-personal moral testimony is an inescapable part of the constitution of legitimate moral norms, and its role cannot be deflated as a form of mere information to be taken (...) up in private deliberation. The consequences of this argument for forms of hypothetical contractualism, in particular, are profound. (shrink)

The underrepresentation of women, people of color, and especially women of color—and the corresponding overrepresentation of white men—is more pronounced in philosophy than in many of the sciences. I suggest that part of the explanation for this lies in the role played by the idealized rational self, a concept that is relatively influential in philosophy but rarely employed in the sciences. The idealized rational self models the mind as consistent, unified, rationally transcendent, and introspectively transparent. I hypothesize that acceptance of (...) the idealized rational self leads philosophers to underestimate the influence of implicit bias on their own judgments and prevents them from enacting the reforms necessary to minimize the effects of implicit bias on institutional decision-making procedures. I consider recent experiments in social psychology that suggest that an increased sense of one’s own objectivity leads to greater reliance on bias in hiring scenarios, and I hypothesize how these results might be applied to philosophers’ evaluative judgments. I discuss ways that the idealized rational self is susceptible to broader critiques of ideal theory, and I consider some of the ways that the picture functions as a tool of active ignorance and color-evasive racism. (shrink)

The Oxford Handbook of Philosophy and Race provides up-to-date explanation and analyses by leading scholars of contemporary issues in African American philosophy and philosophy of race. These original essays encompass the major topics and approaches in this emerging philosophical subfield that supports demographic inclusion and diversity while at the same time strengthening the conceptual arsenal of social and political philosophy. Over the course of the volume's ten topic-based sections, ideas about race held by Locke, Hume, Kant, Hegel, and Nietzsche are (...) supplemented by suppressed thought from the African diaspora, early twentieth-century African American perspectives and Native-, Asian-, and Latin-, American views. The contributors bring philosophical analysis to bear on the status of racial divisions as categories of humanity in the biological sciences, as well as within contemporary criticism and conceptual analysis. Essays present the special applications of American philosophy and continental philosophy to ideas of race as methodological alternatives to more analytic approaches. As a collection of analyses and assessments of 'race' in the real world, the volume pays trenchant and relevant attention to historical and contemporary racism and what it means to say that 'race' and racial identities are socially constructed. The essays analyze contemporary social issues including the importance of racial difference and identity in education, public health, medicine, IQ and other standardized tests, and sports. Additionally, the essays consider the societal limitations and structures provided by public policy and law. As a critical theory, the volume compares the study of race to feminism. Historical and contemporary, academic and popular, racisms pertaining to male and female gender receive special consideration throughout the volume. While this comprehensive collection may have the effect of a textbook, each of the original essays is a fresh and authentic development of important present thought. (shrink)

Standpoint theory is an explicitly political as well as social epistemology. Its central insight is that epistemic advantage may accrue to those who are oppressed by structures of domination and discounted as knowers. Feminist standpoint theorists hold that gender is one dimension of social differentiation that can make such a difference. In response to two longstanding objections I argue that epistemically consequential standpoints need not be conceptualized in essentialist terms, and that they do not confer automatic or comprehensive epistemic privilege (...) on those who occupy them. Standpoint theory is best construed as conceptual framework for investigating the ways in which socially situated experience and interests make a contingent difference to what we know (well), and to the resources we have for determining which knowledge claims we can trust. I illustrate the advantages of this account in terms of two examples drawn from archaeological sources. (shrink)

Drawing on unpublished and published sources from 1926-1932, this chapter builds on John Dewey’s naturalistic pragmatic pluralism in ethical theory. A primary focus is “Three Independent Factors in Morals,” which analyzes good, duty, and virtue as distinct categories that in many cases express different experiential origins. The chapter suggests that a vital role for contemporary theorizing is to lay bare and analyze the sorts of conflicts that constantly underlie moral and political action. Instead of reinforcing moral fundamentalism via an outdated (...) quest for the central and basic source of normative justification, we should foster theories with a range of idioms and emphases which, while accommodating monistic insights, better inform decision-making by opening communication across diverse elements of moral and political life, placing these elements in a wider context in which norms gain practical traction in non-ideal conditions, and expanding prospects for social inquiry and convergence on policy and action. (shrink)

The political posture often encouraged in liberatory movements is that of urgency. Urgency is based on the idea that if oppressed peoples do not act “now,” then their fate is forever sealed as subordinates within social and political power hierarchies. This paper focuses on a contrasting political posture, termed presence of mind, motivated by the current political atmosphere of distrust and disenfranchisement in which some Muslim-Americans find themselves. Presence of mind is defined as the ability to critically unpack visceral affective (...) responses to injustice—giving special consideration to power structures, one’s social location, and relationships—and then to asses an appropriate response in virtue of that consideration that best upholds our commitments. This paper argues that cultivating presence of mind acknowledges the complexities of the Muslim-Americans’ identity while providing a posture that allows the resistor to best represent their political commitments. (shrink)

We consider the complex interactions between rape culture and epistemology. A central case study is the consideration of a deferential attitude about the epistemology of sexual assault testimony. According to the deferential attitude, individuals and institutions should decline to act on allegations of sexual assault unless and until they are proven in a formal setting, i.e., a criminal court. We attack this deference from several angles, including the pervasiveness of rape culture in the criminal justice system, the epistemology of testimony (...) and norms connecting knowledge and action, the harms of tacit idealizations away from important contextual factors, and a contextualist semantics for 'knows' ascriptions. (shrink)

Political philosophers frequently claim that political ideals can provide normative guidance for unjust and otherwise nonideal circumstances. This is mistaken. This paper demonstrates that political ideals contribute nothing to our understanding of the normative principles we should satisfy amidst unjust or otherwise nonideal circumstances.

There’s an interesting debate in moral and political philosophy about the nature of, and relationship between, ideal and non-ideal theory. In this paper we discuss whether an analogous distinction can be drawn in philosophy of language. Our conclusion is negative: Even if you think that distinction can be put to work within moral and political philosophy, there’s no useful way to extend it to work that has been done in the philosophy of language.