Can compensation repair the moral harm of a previous wrongful act? On the one hand, some define the very function of compensation as one of restoring the moral balance. On the other hand, the dominant view on compensation is that it is insufficient to fully repair moral harm unless accompanied by an act of punishment or apology. In this paper, I seek to investigate the maximal potential of compensation. Central to my argument is a distinction between apologetic compensation and non-apologetic (...) compensation. Apologetic compensation, I argue, is an act that expresses regret and apology by means of some offer of money, goods, or services. Non-apologetic compensation is an act that seeks to restore loss or harm without expressing regret or apology. In the paper, I defend the view that acts of compensation can be apologetic and argue that such apologetic compensation is sufficient for moral repair. (shrink)

Congdon (2017), Giladi (2018), and McConkey (2004) challenge feminist epistemologists and recognition theorists to come together to analyze epistemic injustice. I take up this challenge by highlighting the failure of recognition in cases of testimonial and hermeneutical injustice experienced by victims of sexual harassment and sexual assault. I offer the #MeToo movement as a case study to demonstrate how the process of mutual recognition makes visible and helps overcome the epistemic injustice suffered by victims of sexual harassment and sexual assault. (...) I argue that in declaring “me too,” the epistemic subject emerges in the context of a polyphonic symphony of victims claiming their status as agents who are able to make sense of their own social experiences and able to convey their knowledge to others. (shrink)

The strong correlation between people’s socioeconomic position and health within high income countries is a well-documented fact. A person’s occupation, income and education level tell us a lot about that person’s prospects on a long and healthy life, such that we can speak of a ‘social gradient in health’, or a ‘socioeconomic health gap’. This association is often perceived to be unjust. Therefore, it is generally thought that governments should aim to reduce socioeconomic health inequalities. However, this idea needs ethical (...) justification, for it is not evident if and why exactly these inequalities are unjust. For instance, are inequalities in health unjust per se? Or because the underlying socioeconomic inequalities are unjust? And does justice require equal health levels, or a minimum level of health? What complicates the issue, is that the width of the health gap, or the steepness of the social gradient, depends on what health measures are used. Overall, the more subjective the measure, the greater the inequalities appear to be. But are all these measures equally morally relevant? This dissertation aims to give a better understanding of these philosophical questions. It does so by investigating the question of what we should understand by health in the first part, after which it addresses the question of how to evaluate socioeconomic health inequalities in the light of justice. The introduction begins with a description of the phenomenon of socioeconomic health inequalities, and how it has been addressed by politicians, epidemiologists and philosophers in the past and today. The chapter continues by formulating the central question of the dissertation – that of which health inequalities should be focused in the light of a concern with social justice. It explicates how this dissertation contributes to answering that question, by discussing the potential relation between the conceptualisation of health and justice evaluations, and by discussing which questions are addressed in each of the following chapters. The chapter 2 addresses the question of how health is conceptualised in the philosophical and public heath literature, and how theoretical concepts of health differ. It proposes to approach health concepts as a Wittgensteinian family of thick concepts and argues that while theories on health generally argue in favour of one specific concept, a comparison of concepts shows that we may need different concepts of health given the variety of health practices. By explicating the differences between five concepts of health, this chapter argues that each captures aspects of health that all seem relevant when we talk and think about health. Classifying these concepts based on their distinctions reveals them as members of a conceptual family: each of the discussed concepts differs from the others in at least one respect and resembles the others in several respects. Moreover, the discussion of the concepts shows that ‘health’ always both describes a condition and values that condition at the same time. Having both descriptive and evaluative dimensions, we can see health concepts as ‘thick concepts’. Given this evaluative dimension, it is important to reflect on the question of what understanding of health guides specific practices. Moreover, the distinctions revealed by the classification can serve as a conceptual toolbox for reflection on the assumptions and purposes of health practices. How such reflection could work is illustrated by a brief exploration of what health aspects are focused upon in three specific health practices. Chapter 3 presents a study into the question of how health is conceptualised by ordinary citizens and to what extent conceptualisations of health differ between socioeconomic groups. By making use of the method of concept mapping, this study analyses how different socioeconomic groups formulate their own answers regarding the question ‘what does health mean to you?’. It presents concept maps of health for three different socioeconomic groups living in the city of Utrecht that reveal that all groups have a multidimensional understanding of health. An interpretation of the concept maps reveals nuanced differences between groups. The multiple aspects of health were also ranked by importance. It appears that each group assigned most importance to mental health. All in all, the study shows that people in lower socioeconomic groups are more likely to show a conceptualisation of health that refers to 1) the absence of health threats, 2) a person within his/her circumstances, 3) the value of functional notions, and 4) an accepting attitude towards life. Chapter 4 addresses the question of what the theoretical and empirical study to concepts of health could imply for health equity practices. It does so by exploring further the suggestions made in chapters 2 and 3. Regarding the question of which health aspects should guide health equity policies, this chapter discusses the question of whether we should primarily look at subjective or objective health measures, and whether a universal or relative standard of health should be central. While justice-related concerns of impartiality and equal treatment may seem to favour an objective perspective and a universal health standard, it appears that we have good reason to account for the subjective perspective as well. It is also argued that a concern for recognition and participatory parity gives room for relative health standards. Th room for relative health standards confronts us with the question of how to deal with mechanisms like adaptive preferences that the concept maps reveal. It proposes a way out, by arguing for society-relative health standards. Chapter 5 examines the question of whether inequalities in health should be evaluated ‘directly’, thus independently of a distribution of their social determinants. It proposes a sufficientarian perspective, such that the central question of evaluation is that of whether everyone is – or can be – healthy enough. By discussing two sufficientarian approaches to health and social justice – by Powers & Faden and by Nussbaum – this chapter distinguishes two ways of setting a threshold level for health. Both approaches appear to provide an unsatisfactory basis for justice evaluations and lead us away from direct evaluation if we try to settle health minima that are less arbitrary. In anticipation to chapters 6 and 7, it is argued that the perspective of sufficient health for relational equality escapes this arbitrariness: compared to that of a decent human life, it better helps to answer both the question of what socioeconomic health inequalities a society is due to avoid, and the question of when socioeconomic health inequalities are unjust considering their consequences. Chapter 6 discusses to what extent Daniels’s theory of health justice provides a satisfactory answer to the question of what health inequalities a society is due to avoid. Daniels proposes an indirect evaluative approach by arguing that we should evaluate socioeconomic health inequalities in the light of Rawls’s principles of justice as fairness. That is, if socioeconomic inequalities are in accordance with fair equality of opportunity and with the difference principle, the corresponding health inequalities would be just. It is shown that the suggestion that Rawls’s principles regulate the social determinants of health neglects that not all social determinants of health belong to society’s basic structure as conceived of by Rawls and are thereby not subjected to the principles of justice. To acknowledge the social mechanisms leading to socioeconomic health inequalities in their full complexity, it is argued that we should broaden our understanding of society’s structure in accordance with Young’s notion of social structural processes. This renders the question of what health inequalities a society is due to avoid into a question of what we can expect from the side of the various actors that uphold the social structures that produce socioeconomic health inequalities. Lastly, it is discussed how a shift to Young’s theory completes the shift to non-ideal theorising that seem already initiated by Daniels, and that with this, the distinction between direct and indirect evaluation dissolves. Chapter 7 discusses to what extent equality in health is of instrumental value for a society of free and equals. It thus takes up the idea proposed in chapter 5, that an evaluation of the consequences of health inequalities is also due. Taking relational equality as an evaluative framework reveals three ways in which inequalities in life expectancy threaten this ideal. That is, via unequal risks to stigmatisation, unequal risks to unemployment and the risk of unequal pension enjoyments. It is thereby shown that these risks are especially great for those lower down the socioeconomic strata. It thus concludes that equality in health is of instrumental value to relational equality. The chapter continues to argue that our instrumental approach opens a new perspective: to mitigate the identified injustices by changing society, rather than by reducing inequalities in health. This is argued to be an advantage in the light of the realistic assumption that of the socioeconomic health inequalities will persist. The paper thus offers a complementary approach to both the evaluation and the mitigation of the injustice of socioeconomic inequalities in health. The discussion chapter summarises the central findings of the analyses of health concepts and discusses questions regarding the philosophical and practical merits of comparing theoretical health concepts, the need for developing new health measures or concepts and the importance or nonsense of studying citizen’s views on health. Repeating this for the dissertation’s second part, the central findings of the chapters on justice evaluation are summarised and followed by a discussion of questions and issues that have remained unaddressed so far. Here, central points of discussion are my take on rules of distribution, the distinction of direct and indirect evaluation, the role of ideal and non-ideal theory, the idea of relational equality, and personal responsibility for health. The chapter concludes by noting that also in the light of justice evaluations, all commonly used health measures are relevant for justice. Therefore, my recommendations for policy and further research entail that inequalities in each of these measures deserve attention by both policymakers and researchers. Specifically, policymakers and researchers should give attention to how exactly each of these health inequalities come about, in such a way that a discussion about the question of who can be assigned responsibility to alleviate them is well-informed; and both should give attention to the effects of health inequalities on the opportunities for people to live on equal standing, in such a way that when these opportunities are diminished, actions can be considered to aim to restore relational equality. (shrink)

Many social gradients in health appear steeper for men than for women. I refer to this as the “Steepness Puzzle.” This paper explores the ethical implications of this Puzzle. First, it identifies potential explanations for the Steepness Puzzle, including methodological problems. Second, it highlights two harms associated with the methodological explanation: the consequences of biased epistemic practices and the marginalization of women. It also demonstrates how attempts to flatten the gradients in health could disproportionately favor men or reinforce troubling gendered (...) norms. Finally, I suggest ways to address the methodological problems underlying the Puzzle. (shrink)

In this essay review of Samir Okasha's Agents and Goals in Evolution, I reflect on the rationale for agential thinking in biology, and consider whether the rationale is the same for genes as for organisms. I also discuss Okasha's ingenious examples of the evolution of irrational behaviour, and in particular the evolution of violations of the "independence axiom" of rational choice theory. These examples rely on a crucial distinction between aggregate and idiosyncratic risk.

Resident-to-resident aggression is quite prevalent in long-term care settings. Within popular and empirical accounts, this form of aggression is most commonly attributed to the actions of an aberrant individual living with dementia characterized as the “violent resident.” It is often a medical diagnosis of dementia that is highlighted as the ultimate cause of aggression. This neglects the fact that acts of aggression are influenced by broader structural conditions. This has ethical implications in that the emphasis on individual aberration informs public (...) policy strategies for prevention with a focus on restricting the freedom of individuals using behavioural modification, drugs, or other restraints with the intent to protect others from harm. A more ethical approach requires attention to the structural conditions of long-term care that both foster aggression and constrain prevention efforts. To this end, we turn to a model of relational citizenship that offers a theory of embodied selfhood and relationality as essential to human dignity, thus entailing human rights protections. The application of an ethic based on this model offers a more holistic prevention strategy for resident-to-resident aggression by drawing attention to the critical need and obligation to promote human flourishing through system level efforts. (shrink)

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)

The same as with many other concepts, once one considers the concept of power more closely, fundamental questions arise, such as whether a power relation is necessarily a relation of subordination and domination, a view that makes it difficult to identify legitimate forms of the exercise of power. To contribute to conceptual as well as normative clarification, I suggest a novel way to conceive of power. I argue that we only understand what power is and how it is exercised once (...) we understand its essentially noumenal nature. I claim that the real and general phenomenon of power is to be found in the noumenal realm, that is, in the space of reasons, understood as the realm of justifications. On that basis, I defend a normatively neutral notion of power that enables us to distinguish more particular forms of power, such as rule, coercion, or domination. The analysis aims to prepare the way for a critical theory of power. (shrink)

In this article I analyse two complaints of white vilification, which are increasingly occurring in Australia. I argue that, though the complainants (and white people generally) are not harmed by such racialized speech, the complainants in fact harm Australians of colour through these utterances. These complaints can both cause and constitute at least two forms of epistemic injustice (willful hermeneutical ignorance and comparative credibility excess). Further, I argue that the complaints are grounded in a dual misrecognition: the complainants misrecognize themselves (...) in their own privileged racial specificity, and they misrecognize others in their own marginal racial specificity. Such misrecognition preserves the cultural imperialism of Australia’s dominant social imaginary—a means of oppression that perpetuates epistemic insensitivity.Bringing this dual misrecognition to light best captures the indignity that is suffered by the victims of the aforementioned epistemic injustices. I argue that it is only when we truly recognize difference in its own terms, shifting the dominant social imaginary, that “mainstream Australians”can do their part in bringing about a just society. (shrink)

ABSTRACTTransitional justice encompasses a global body of scholarship and practice that concentrates on responses to large-scale wrongdoing in the context of an attempted shift from conflict and/or repression. In my book, The Conceptual Foundations of Transitional Justice I argue that transitional justice is a distinctive type of justice. Transitional justice requires the just pursuit of societal transformation. I define transformation relationally, as the terms defining interaction among citizens and between citizens and officials. Transformation is necessary because of the presence of (...) pervasive structural inequality and wrongdoing. Transformation is a practical possibility because of the uncertainty characteristic of transitions. Processes of transitional justice pursue transformation by dealing with past wrongs. The just pursuit of societal transformation requires heeding the moral claims of victims and moral demands on perpetrators. In this paper, I address four issues raised by Sirkku Hellsten, George Hull, Thaddeus Metz, and Margaret Urban Walker. I first discuss the methodological questions pressed. I then consider challenges to the substantive view of transitional justice I propose. I next turn to queries about the distinctiveness of transitional justice. Finally, I respond to skepticism about the necessity and value of a substantive normative theory of transitional justice. (shrink)

The very rules of our language games contain mechanisms of disregard. Philosophy of language tends to treat speakers as peers with equal discursive authority, but this is rare in real, lived speech situations. This paper explores the mechanisms of discursive inclusion and exclusion governing our speech practices, with a special focus on the role of gender attribution in undermining women’s authority as speakers. Taking seriously the metaphor of language games, we must ask who gets in the game and whose moves (...) can score. To do this, I develop an eclectic analysis of language games using basic inferential role theory and the concept of a semantic index, and develop the distinction between positional authority and expertise authority, which often conflict for members of oppressed groups. Introducing the concepts of master switches and sub-switches that attach to the index and change scorekeeping practices, I argue that women’s gender status conflicts with our status as authoritative speakers because sex marking in semantics functions as a master switch—“the F-switch”—on the semantic index, which, once thrown, changes the very game. An advantage of using inferentialism for understanding disregard of women’s discursive authority is that it locates the problem in the sanctioned moves, in the deontic structure of norms and practices of scorekeeping, and not primarily in the individual intentions of particular people. (shrink)

Theories of domination are primarily attempts to understand the value of justice, freedom, and equality by examining cases where they are absent. Such theories seek to clarify and systematize our judgments about what it is to be weak against uncontrolled strength, i.e., about what it is to be vulnerable, degraded, and defenseless against unrestrained power. -/- Much contemporary disagreement about domination involves competing answers to three questions: (1) Who, or what, can dominate? (2) Is it possible to dominate merely by (...) having power with a certain structure, or is domination an exercise or an abuse of power? (3) Exercised or unexercised, what kind of power is domination? The remainder of this entry will address each of these questions in turn, then conclude with a survey of how the idea of domination has been used in recent applied ethical theory. It will become clear as we examine competing answers to these three questions that different theorists have very different ideas of why, exactly, we need a theory of domination. There may be wide agreement that we need the idea of domination to make sense of unjust power relations, but unjust power relations are wildly varied, and theorists of domination disagree not only about which varieties most need to be understood, but about how theorizing domination helps us to understand them. (shrink)

An absolute decline in US life expectancy in low education whites has alarmed policy makers and attracted media attention. Depending on which studies are correct, low education white women have lost between 3 and 5 years of lifespan; men, between 6 months and 3 years. Although absolute declines in life expectancy are relatively rare, some commentators see the public alarm as reflecting a racist concern for white lives over black ones. How ought we ethically to evaluate this lifespan contraction in (...) low education whites? Should we care, or is it racist to care? Does it constitute an injustice or reflect justice being done? I argue that the lifespan contraction in low education whites violates key normative criteria used to make determinations of health justice, and that these judgments do not vitiate concerns about racism. I conclude with reflections on US population health policy and building an inclusive health equity movement. (shrink)

In this article, we compare Ricard Zappata-Barrero’s interculturalism with Tariq Modood’s multiculturalism. We will discuss the relation between distinct elements that compose both positions. We examine how recent discussions on interculturalism have the potential to contribute to theories of multiculturalism without undermining their core principles. Our position is close to that of Modood’s as he has already carefully tried to incorporate interculturalist insights into his own multiculturalism. Yet we provide a raise a few questions regarding Modood’s treatment of the relation (...) between multiculturalism and interculturalism. After summarizing each author’s potion (I), we will comment on the following set of relations between their basic elements: (II) The relation between intercultural contact and intercultural dialogue; (III) The relation between contact at the local level and the societal/state level; (IV) The relation between group-specific measures, intercultural contact and mainstreaming. (shrink)

Does multiculturalism imply that certain cultural minorities – nomos groups, whose cultural conceptions extend in important ways into views about the law – should have forms of legal autonomy that go beyond normal multicultural accommodations such as exemptions and special protection? In other words: should we allow «minority jurisdictions» for multicultural reasons and give certain minorities powers of legislation and adjudication on certain issues? The paper sketches how one might arrive at such a conclusion given some standard multicultural reasoning, and (...) then proceeds by examining eight key rejoinders to such a proposal. None of these rejoinders provide by themselves knockdown arguments against extending multicultural rights to forms of legal autonomy, but together they do provide a basis for some skepticism about the cogency and desirability of at least more ambitious forms of legal autonomy for cultural minorities within a liberal framework. (shrink)

What is it for something to be a disability? Elizabeth Barnes, focusing on physical disabilities, argues that disability is a social category. It depends on the rules undergirding the judgements of the disability rights movement. Barnes’ account may strike many as implausible. I articulate the unease, in the form of three worries about Barnes’ account. It does not fully explain why the disability rights movement is constituted in such a way that it only picks out paradigmatic disability traits, nor why (...) only the traits identified by the movement as constituting experiences of social and political constraint count as disability. It also leaves out the contribution of people other than disability activists, to the definition of disability. I develop Barnes’ account. On my account, a person is disabled if she is in some state which is constitutive of some constraint on her legitimate interests. This state must be the subject of legitimate medical interest and be picked out by the disability rights movement as among the traits for which they are seeking to promote progress and change. My account addresses the worries about Barnes’ account. It is also able to include all disabilities, rather than only physical ones. (shrink)

The influences of family, religion, and social, cultural, and economic discourses are deeply inscribed in the practices of young people. This article argues that by tracing ‘small stories’ through their accounts, we can make visible ‘big issues’ in their world views, and come to a better understanding of the complexities of their subjectification processes. Poststructural inquiry and critical discourse analysis are used to frame and analyse the positionings of a small group of 16-year-olds to show how they use ‘small stories’ (...) to mount arguments and counterarguments, introduce ‘theories’, and gain support for their views. Their interactions provide as much insight into their identities as what they actually say; therefore, both content and interaction are key analytical foci. These findings have implications for how we choose sections of interviews for fine-grained textual analysis. (shrink)

The debate on equality and non-discrimination is certainly not a new one, but the way it is incorporated in that on social exclusion leads to several shifts within the discourse on social justice. The term social exclusion is multidimensional although its western use in a selective way about markets promoting equality separates it from the Indian emphasis on social justice as linked to ending discrimination of dalit groups. The concept of social exclusion is inherently problematic as it faces three major (...) challenges in India: the first relates to the historical discrimination of certain groups and their exclusion; the second is about the political economy of the excluded; and the third questions the way in which equality responses are restricted within the framework of social exclusion. (shrink)

This editorial offers new ways to ethically practice, evaluate, and use quantitative research. Our central claim is that ready-made formulas for QR, including ‘best practices’ and common notions of ‘validity’ or ‘objectivity,’ are often divorced from the ethical and practical implications of doing, evaluating, and using QR for specific purposes. To focus on these implications, we critique common theoretical foundations for QR and then recommend approaches to QR that are ‘built for purpose,’ by which we mean designed to ethically address (...) specific problems or situations on terms that are contextually relevant. For this, we propose a new tool for evaluating the quality of QR, which we call ‘relational validity.’ Studies, including their methods and results, are relationally valid when they ethically connect researchers’ purposes with the way that QR is oriented and the ways that it is done—including the concepts and units of analysis invoked, as well as what its ‘methods’ imply more generally. This new way of doing QR can provide the liberty required to address serious worldly problems on terms that are both practical and ethically informed in relation to the problems themselves rather than the confines of existing QR logics and practices. (shrink)

Much discussion of the ethics of participation focuses on electoral participation and whether citizens are obligated or can be coerced to vote. Yet these debates have ignored that citizens must first pay attention to politics and make up their minds about where they stand before they can engage in any form of participation. This article considers the importance for liberal democracy of citizens paying attention to politics, or attentive citizenship. It argues that the democratic state has an obligation to cultivate (...) interest in politics and that this obligation authorizes means up to and including some forms of coercion. The argument is that when citizens are inattentive to politics, it undermines political equality and social justice because it undermines what John Rawls called the fair value of the political liberties. The importance of these ends for liberal democratic states requires them to take steps to promote attentive citizenship. (shrink)

This article will explain and critically examine Hannah Arendt’s concept of worldliness with the aim of clarifying its limitations when it is used in the context of the social sciences, particularly where understanding and contributing to solving the problem of the forced displacement of people are concerned. Arendt defines “worldliness” as “having a world” in the double sense of having a tangible world of references and a political world. Her ideas regarding the worldliness of tribes and stateless people will be (...) discussed and criticized, together with her avoidance of considering the relevance of oral history and oral resources and her position on human rights. Finally, this article proposes that social scientists require a broader conception of worldliness, in which intangible resources like shared oral narratives, virtual networks or shared views of the homeland are not dismissed, and can even serve as a basis for fighting for political and social rights. (shrink)

It is common practice in intergenerational justice to set fixed thresholds determining what qualifies as justice. Static definitions of how much and what to save for future generations, however, overestimate human epistemological limits and predictive capacity in regard to uncertainty in social- and ecosystems. Long-term predictions cannot account for the inherent range of contingent variables at play, especially according to contemporary theories of punctuated equilibrium. It is argued that policies deliberately testing ecological limits as currently conceived must be excluded from (...) political calculations to minimize current actions from foreclosing future life quality and options. To better reduce harms to present and future generations and support the stability of just institutions (and the stable environments they depend on) as Rawls and others demand, polities can overcompensate resource allocation to environmental sustainability. Focus on reducing environmental harms benefits both current and future generations, reconciling distributive versus intergenerational justice trade-offs. (shrink)

How do we achieve social justice? How do we change society for the better? Some would argue that we must do it by changing the laws or state institutions. Others that we must do it by changing individual attitudes. I argue that although both of these factors are important and relevant, we must also change culture. What does this mean? Culture, I argue, is a set of social meanings that shapes and filters how we think and act. Problematic networks of (...) social meanings constitute an ideology. Entrenched ideologies are resilient and are barriers to social change, even in the face of legal interventions. I argue that an effective way to change culture is through social movements and contentious politics, and that philosophy has a role to play in promoting such change. (shrink)

Are individuals morally responsible for their implicit biases? One reason to think not is that implicit biases are often advertised as unconscious, ‘introspectively inaccessible’ attitudes. However, recent empirical evidence consistently suggests that individuals are aware of their implicit biases, although often in partial and inarticulate ways. Here I explore the implications of this evidence of partial awareness for individuals’ moral responsibility. First, I argue that responsibility comes in degrees. Second, I argue that individuals’ partial awareness of their implicit biases makes (...) them (partially) morally responsible for them. I argue by analogy to a close relative of implicit bias: moods. (shrink)

My aim in this article is to propose that an insightful way of articulating the feminist concept of epistemic injustice can be provided by paying significant attention to recognition theory. The article intends to provide an account for diagnosing epistemic injustice as a social pathology and also attempts to paint a picture of some social cure of structural forms of epistemic injustice. While there are many virtues to the literature on epistemic injustice, epistemic exclusion and silencing, current discourse on diagnosing (...) as well as explicating and overcoming these social pathologies can be improved and enriched by bringing recognition theory into the conversation: under recognition theory, social normative standards are constructed out of the moral grammar of recognition attributions. I shall argue that the failure to properly recognize and afford somebody or a social group the epistemic respect they merit is an act of injustice in the sense of depriving individuals of a progressive social environment i... (shrink)

After a brief introduction and review of recent literature on microaggressions, a theoretical typology of three sources of social injustice (oppression, dehumanization, and exploitation) contributes to the theorization of the sources of microaggressions. A selected compendium of words and affective phrases generated in classroom exercises illustrates the nature of the experience of the moment of microaggression. Future research on microaggressions as well as evaluation of practice should examine the experience of microaggression, including being subjected to microaggression, initiating such acts, and (...) observing such acts. (shrink)

The current state of global poverty presents citizens in the Global North with a moral crisis: Do we care? In this essay, I examine two competing moral accounts of why those in the North should or should not give care (in the form of charity) to impoverished peoples in the Global South. Nineteen years ago feminist philosopher Nel Noddings wrote in Caring that “we are not obliged to care for starving children in Africa” (1986, p. 86). Noddings’s work belongs to (...) the arena of care ethics - the feminist philosophical view that morality is about responding to, caring for, and preventing harm to those particular people to whom one has emotional attachments. By contrast, Peter Singer’s recent work, One World, advances an impartialist view of morality, which demands that we dispassionately dispense aid to the most needy (2002, p.154). Thus this question needs answering: am I obliged to give care to desperately poor strangers, and if so, which moral framework (Singer's impartialism, or feminism’s care ethics) gives the best account of that obligation? I argue that as an American feminist I should care for Africans with whom I will never have a personal relationship. However, this obligation can be generated without relying on the impartialist understanding of morality. (shrink)

This paper examines five groups of women that were instrumental in the emergence of the category of “feeblemindedness” in the United States. It analyzes the dynamics of oppression and power relations in the following five groups of women: “feebleminded” women, institutional caregivers, mothers, researchers, and reformists. Ultimately, I argue that a feminist analysis of the history of mental retardation is necessary to serve as a guide for future feminist work on cognitive disability.

J. David Velleman develops a canny, albeit mentalistic, theory of selfhood that furnishes some insights feminist philosophers should heed but that does not adequately heed some of the insights feminist philosophers have developed about the embodiment and relationality of the self. In my view, reflenvity cannot do the whole job of accounting for selfhood, for it rests on an unduly sharp distinction between reflexive loci of understanding and value, on the one hand, and embodiment and relationality, on the other. 1 (...) conclude that what is missing from Velleman's account is an appreciation of the psycho-corporeal attributes and capabilities embedded in the embodied self and the relational self. (shrink)

After defining a hate crime as an offense in which the criminal selects the victim at least in part because of an animus toward members of the group to which the victim belongs, this essay surveys the standard justifications for state punishment en route to defending the permissibility of imposing stiffer penalties for hate crimes. It also argues that many standard instances of rape and domestic battery are hate crimes and may be punished as such.

In a White House ceremony on May 16, 1997, President Clinton issued an apology on behalf of the nation for the Tuskegee Syphilis Study, a forty-year research project in which African-American men were deceived and denied treatment in order to document the natural course of syphilis. Reflection on this occasion can give us pause to take pride in the progress made toward more ethical research with humans. The President's apology is perhaps the most public of a number of recent events (...) representing a renewed attention to ethics in research with human participants. Alongside it stand the efforts of treatment activists for people with acquired immune deficiency syndrome and the revelations of the human radiation experiments. In 1995, President Clinton called for the creation of the National Bioethics Advisory Commission, which was charged with a host of projects aimed at investigating the organization and function of the federal system for overseeing human subjects research in the United States, and giving guidance on specific forms of research. (shrink)

Resource development takes place through the transformation of social institutions. The moral dimension is of crucial importance in the evolution of associated management regimes. More than just a code of ethics, moralities are predicated on what is understood to be ‘the good’. Recognition of the good requires a rhetoric beyond those of power and interest. This paper proposes a rhetoric of love. Within this conception of morality, the management of human relationships becomes understood as an unfolding cycle of choice among (...) tragic choices and management of the non‐human environment is accomplished through the realisation of the gift relationship. (shrink)

This paper explores the meaning of social justice and development in post-apartheid South Africa. It begins with social justice as a process of equalisation, presenting some evidence of the challenge and explaining the difficulty of achieving racial equality. Recognition of changes in national development strategy in the post-apartheid era, and their implications for inequality, leads to discussion of alternative development ethics, which involves reconsideration of what stands for the good life. The possibility of a combination of traditional African communitarianism and (...) the ethic of care is explored, as a basis for an alternative conception of the good. Some impediments to the realisation of such a vision are identified. (shrink)

Taken as a model for how groups should make collective judgments and decisions, the ideal of deliberative democracy is inherently ambiguous. Consider the idealised case where it is agreed on all sides that a certain conclusion should be endorsed if and only if certain premises are admitted. Does deliberative democracy recommend that members of the group debate the premises and then individually vote, in the light of that debate, on whether or not to support the conclusion? Or does it recommend (...) that members individually vote on the premises, and then let their commitment to the conclusion be settled by whether or not the group endorses the required premises? Deliberative-democratic theory has not addressed this issue, and this is a problem. The discursive dilemma of my title--a generalisation of the doctrinal paradox from analytical jurisprudence--shows that the procedures distinguished can come apart. Thus deliberative democrats must make up their minds on where they stand in relation to the issue; they cannot sit on the fence. This paper is an attempt to address the issue and look at the grounds on which it may be resolved. (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)

In this paper I argue for the following conclusions. First, quotas are not normative goals in themselves but only a means to reach non-discriminatory selection procedures. Second, in a democracy quotas are most plausibly used as a means to fill offices in those bodies which have a major impact on how well interests or discourses are translated into policy. Third, quotas for the young can be justified since, due to demographic development, their discourses tend to be marginalized. Fourth, youth quotas (...) cannot be a means to ensure long-term policy-making, but they can enhance legitimacy of long-term impacts from policy decisions taken today. (shrink)

This paper considers the relation of corrective to distributive justice. I discuss the shortfalls of one sort of account that holds these are independent domains of justice. To support a more modest claim that these are sometimes independent domains of justice, I focus instead on the case of apologies. Apologies are sometimes among the measures specified by corrective justice. I argue that the sorts of injustices that apologies can help to correct need not always be departures from ideals specified by (...) distributive justice. Apologies and the moral relations they engage might thus be parts of a domain of justice that is neither distributive nor dependent on distributive justice. (shrink)

This chapter discusses gender in relation to the most influential current accounts of distributive justice. There are various disparities in the benefits and burdens of social cooperation between women and men. Which of these, if any, one identifies as indicative of gender injustice will depend on the theory of distributive justice that one endorses. Theoretical decisions concerning the role of personal responsibility, the goods whose distribution is relevant for justice, and the site of justice - institutions-only or individual behaviour, too (...) - all influence how one thinks about gender justice. (shrink)

This is the most comprehensive book ever published on philosophical methodology. A team of thirty-eight of the world's leading philosophers present original essays on various aspects of how philosophy should be and is done. The first part is devoted to broad traditions and approaches to philosophical methodology. The entries in the second part address topics in philosophical methodology, such as intuitions, conceptual analysis, and transcendental arguments. The third part of the book is devoted to essays about the interconnections between philosophy (...) and neighbouring fields, including those of mathematics, psychology, literature and film, and neuroscience. (shrink)

ABSTRACTJack Knight and James Johnson argue in The Priority of Democracy that democracy should be theorized and justified pragmatically: Democratic deliberations should be given a central coordinating role in society not because they realize any particular abstract ideal, but because they would elicit the information needed to solve real-world problems. However, Knight and Johnson rely on a naïve economic understanding of knowledge that assumes implausibly that individuals know what they need to know and need only aggregate thier separate beliefs. It (...) is precisely because we may not know what we need to know that we need to continually test our ideas. Contra Knight and Johnson, moreover, we ought to accept that our ability to interpret social experiments properly is questionable. A pragmatic approach to social inquiry, therefore, ought to investigate what beliefs political actors actually bring to collective decisions rather than how theoretically perfect beliefs ought to be elicited and aggregated. (shrink)

This article proposes that restorative justice practices, as used in New Zealand schools, are better understood as an instrument of social development than a behaviour management practice. Concerns about the achievement of Māori students are relocated, from an individualised psychological and pedagogical problem to an interdisciplinary context of historical and social development. Social constructionist theory is suggested as a lens through which RJPs in schools may be seen as the intentional production of respectful social relationships, rather than as behaviour management. (...) A restorative process has the productive capacity to restore healthy relational functioning, both for those who have been offended against and those who have offended. It is argued that the primary function of restorative justice in schools is not about resolving specific conflicts, but rather, about the production and maintenance of respectful relationship, which is the antithesis of colonised relationship. Such a position reflects accountability on a communal, rather than individualised basis, and accords with recent moves in the United Nations Development Programme to look at Human Development as building agentive capacity. (shrink)

Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and resource exit from (...) dominating relationships within markets of all types, be they marital, labour, or residential. The substantial intervention and redistribution necessitated by such an approach make it leftist, while its tendency to work with rather than against the grain of markets makes it centrist. It is, in short, a contribution to progressive republican political thought, but one that is less social-democratic than market-democratic in character. (shrink)

Feminists have long been aware of the pathology and the dangers of what are now termed “adaptive preferences.” Adaptive preferences are preferences formed in unconscious response to oppression. Thinkers from each wave of feminism continue to confront the problem of women's internalization of their own oppression, that is, the problem of women forming their preferences within the confining and deforming space that patriarchy provides. All preferences are, in fact, formed in response to a limited set of options, but not all (...) preferences are unconscious, pathological responses to oppression. Feminist theory therefore requires a method for distinguishing all preferences from adaptive or deformed preferences. Social contract theory provides such a tool. Social contract theory models autonomous preference-acquisition and retention at both the external level of causation and the internal level of justification. In doing so, social contract theory exposes preferences that do not meet those standards, acting as both a conceptual test that identifies adaptive preferences and as a practical tool for personal and social clarification. A social contract approach helps persons and societies to identify and to confront preferences rooted in unconscious response to oppression. (shrink)