In this paper I sketch a socially situated account of responsible agency, the main tenet of which is that the powers that constitute responsible agency are themselves socially constituted. I explain in detail the constitution relation between responsibility-relevant powers and social context and provide detailed examples of how it is realized by focusing on what I call ‘expectations-generating social factors’ such as social practices, cultural scripts, social roles, socially available self-conceptions, and political and legal institutions. I then bring my account (...) to bear on the debate about the exculpatory potential of moral ignorance. I show that a prominent position in this debate – the position that denies that moral ignorance exculpates – is grounded on an individualistic and acontextualist conception of moral capacities, moral cognition, and blameworthiness, and that this conception leads those philosophers who endorse it to make a number of questionable claims regarding the ability of ordinary agents to overcome their moral ignorance and the culpability they bear for the latter. I conclude by indicating how my socially situated account addresses the issue of moral ignorance. (shrink)

It has been remarked that the ‘rupture thesis’ prevails within the Anglo-American legal academy in its understanding of the legal system in Nazi Germany. This article explores the existence and origins of this idea—that ‘Nazi law’ represented an aberration from normal legal-historical development with a point of rupture persisting between it and the ‘normal’ or central concept of law—within jurisprudential discourse in order to illustrate the prevalence of a distorted representation of Nazi law and how this distortion is manifested within (...) the discourse today. An analysis of the treatment of Nazi law in two major 50th anniversary publications about the 1958 Hart–Fuller debate, and a review of representations of the Third Reich within literature from the current discourse, demonstrates that the rupture thesis continues to be reproduced within jurisprudence. An examination of the role of Nazi law in the Hart–Fuller debate itself shows that it can be traced back to the debate, where it was constructed through a combination of conceptual determinism and historical omission. It concludes that the historical Nazi law has great significance for the concept of law, but neither positivism nor natural law has properly theorised the nature of the real Nazi legal system. (shrink)

Must we ascribe hope for better times to those who (take themselves to) act morally? Kant and later theorists in the Frankfurt School tradition thought we must. In this article, I disclose that it is possible – and ethical – to refrain from ascribing hope in all such cases. I draw on two key examples of acting irrespective of hope: one from a recent political context and one from the life of Jean Améry. I also suggest that, once we see (...) that it is possible to make sense of (what I call) ‘merely expressive acts’, we can also see that the early Frankfurt School wasnotguilty of a performative contradiction in seeking to enlighten Enlightenment about its (self-)destructive tendencies, while rejecting the (providential) idea of progress. (shrink)

This paper makes the case for the permissibility of post-conflict amnesties, although not on prudential grounds. It argues that amnesties of a certain scope, targeted to certain categories of perpetrators, and offered in certain contexts are morally permissible because they are an acknowledgment of the difficulty of attributing criminal responsibility in mass violence contexts. Based on this idea, the paper develops the further claim that deciding which amnesties are permissible and which ones are not should be decided on a case-by-case (...) basis. Against what seems to be an increasingly popular assumption of some international actors, just as "blanket" amnesties are impermissible, so is an absolutist rejection of all types of amnesties. (shrink)

The Roman thinker and politician Cicero may seem worlds away from us and our twenty-first-century problems. As long as he lived, Cicero's practical aims were to strengthen the power of the senatorial class and his own personal influence over others. He did not view the republic as a means toward collective betterment, and never questioned his rich and aristocratic peers' militaristic values and commitment to an empire secured by violence and economic exploitation. Despite these and other issues, renewed scholarly interest (...) in Cicero arose in the last years of the twentieth century and has continued to grow. It has been fueled by the reemergence of interest in republicanism and the Roman tradition, in particular in... (shrink)

This article was developed as part of the forthcoming special issue on "Reparations" for the Journal of Social Philosophy and was accepted (with minor revisions) by the guest editors Christina Nick and Susan Stark in November 2021. The special issue article is available online open access for early view. -/- Abstract: The United Nations Commission on Human Rights acknowledges the Right to Know as part of state obligations to combat impunity and thereby protect and promote human rights in the aftermath (...) of “serious crimes under international law”. In light of such an institutionally acknowledged epistemic right of victims, this paper explores the normative foundations of the idea of epistemic reparation in the aftermath of genocide. I argue that such epistemic reparation requires not only fulfilment of the informational needs of victims, survivors and descendants, including access to knowledge about the violations. By taking into account epistemic injuries, which are part and parcel of genocide, it ought to also re-establish victims’ epistemic standing. This is because genocide is enabled, justified and even prescribed through a genocidal epistemology involving the propagation of falsehoods and misinformation about social reality as well as abuses of epistemic authority and epistemic authoritarianism. Hence, epistemic reparation ought to correct the dysfunctional epistemic practices that underlie and sustain a genocidal epistemology. It thereby provides victims, survivors and descendants with epistemic recognition that has been systematically withdrawn from them, making epistemic reparation a crucial element of restorative justice. (shrink)

Genocide remembrance is a complex epistemological/ethical achievement, whereby survivors and descendants give meaning to the past in the quest for both personal-historical and social-historical truth. This paper offers an argument of epistemic injustice specifically as it occurs in relation to practices of (individual and collective) genocide remembrance. In particular, I argue that under conditions of genocide denialism, understood as collective genocide misremembrance and memory distortion, genocide survivors and descendants are confronted with hermeneutical oppression. Drawing on Sue Campbell’s relational, reconstructive account (...) of remembering, I argue that genocide denialism involves disrespectful challenges to memory, which systematically misrecognize rememberers. Adopting the case of Turkey’s denialism of the Armenian genocide, I discuss two interrelated mechanisms through which this can happen: i) through the systematic portrayal of survivors and descendants as vicious rememberers, and ii) through distortions of the very concept of ‘genocide’. Based on this, I show how hermeneutical and testimonial injustice are crucially interrelated when it comes to “contested” memories of historical injustice and the biographical testimony it gives rise to. (shrink)

This article offers an argument of genocide denial as an injustice perpetrated not only against direct victims and survivors of genocide, but also against future members of the victim group. In particular, I argue that in cases of persistent and systematic denial, i.e. denialism, it perpetrates an epistemic injustice against them: testimonial oppression. First, I offer an account of testimonial oppression and introduce Kristie Dotson’s notion of testimonial smothering as one form of testimonial oppression, a mechanism of coerced silencing particularly (...) pertinent to genocide denialism. Secondly, I turn to the epistemology of genocide denialism and, using the example of Turkey’s denialism of the Armenian genocide, show how it presents what Linda Martín Alcoff calls a substantive practice of ignorance. Thirdly, I apply these considerations to individual practices of genocide denial and analyse the particular characteristics of testimony on genocide, the speaker vulnerabilities involved and the conditions under which hearers will reliably fail to meet the dependencies of a speaker testifying to genocide. Finally, I explore the harms that testimonial oppression perpetrates on members of the victim group, insofar as it systematically deprives them of epistemic recognition. (shrink)

In this introduction to the special issue ‘Epistemic Injustice and Collective Wrongdoing,’ we show how the eight contributions examine the collective dimensions of epistemic injustice. First, we contextualize the articles within theories of epistemic injustice. Second, we provide an overview of the eight articles by highlighting three central topics addressed by them: i) the effects of epistemic injustice and collective wrongdoing, ii) the underlying epistemic structures in collective wrongdoing, unjust relations and unjust societies, and iii) the remedies and strategies of (...) resistance to epistemic injustice. We close by pointing to connections and issues that may motivate further research. (shrink)