Open Access: This paper will connect literature on epistemic injustice with literature on victims and perpetrators, to argue that in addition to considering the credibility deficit suffered by many victims, we should also consider the credibility excess accorded to many perpetrators. Epistemic injustice, as discussed by Miranda Fricker, considers ways in which someone might be wronged in their capacity as a knower. Testimonial injustice occurs when there is a credibility deficit as a result of identity-prejudicial stereotypes. However, criticisms of Fricker (...) have pointed out that credibility is part of a more complex system that includes both deficits and excesses. I will use these points to argue that we should look closer at sources of credibility excess in cases of sexual assault. This means that in addition to considering sources of victim blaming by looking at ways in which “ideal” victims are constructed, we also need to consider ways in which “ideal” perpetrators are constructed. (shrink)

Most mainstream feminist anti-rape scholarship and activism may be described as carceral feminism, insofar as it fails to engage with critiques of the criminal punishment system and endorses law-and-order responses to sexual and gendered violence. Mainstream feminist anti-rape scholars and activists often view increased conviction rates and longer sentences as a political goal—or, at the very least, are willing to collaborate with police and lament cases where perpetrators of sexual violence are given “light” or non-custodial sentences. Prison abolitionists, on the (...) other hand, have tended to insist that most lawbreakers are non-violent and that the “dangerous” are “few”, thus avoiding serious engagement with the widespread phenomenon of sexual violence. Despite the prevalence of carceral feminism, to my knowledge no feminist scholar has explicitly embraced this label, and the closest I have found to a defense of carceral feminism is feminist legal scholar Lise Gotell’s “critique of the critique of carceral feminism”. For this reason, it is with Gotell’s article that I primarily engage in defending anti-carceral feminism and prison abolitionism even in the difficult case of sexual assault. (shrink)

Traditional moral explorations of sexual violation are dyadic: they focus on the relationship between the perpetrator and the victim, considered in relative isolation. We argue that the moral texture of sexual violation and its fallout only shows up once we see acts of sexual violation as acts that occur within an ecosystem. An ecosystem is made up of dwellers and an environment embedded in a broad, thick, interdependent, and relatively stable web of norms, practices, environments, material and institutional structures. We (...) argue that many of the important and interesting harms wrought by sexual violation can only be understood as ecological harms. To illustrate this, we focus on sexual violations that occur within a specific type of ecosystem, namely an academic department with a graduate program. We examine the possible damaging effects of sexual violation on the ecology of a department. We also consider what makes an ecosystem resilient and relatively able to self-repair, and how sexual violation within an ecosystem may weaken its self-repairing resources. We show that looking at sexual violation through this ecological lens lets us identify harms that are otherwise obscured or difficult to locate. (shrink)

Contextualist treatments of clashes of intuitions can allow that two claims, apparently in conflict, can both be true. But making true utterances is far from the only thing that matters — there are often substantive normative questions about what contextual parameters are appropriate to a given conversational situation. This paper foregrounds the importance of the social power to set contextual standards, and how it relates to injustice and oppression, introducing a phenomenon I call "contextual injustice," which has to do with (...) the unjust manipulation of conversational parameters in context-sensitive discourse. My central example applies contextualism about knowledge ascriptions to questions about knowledge regarding sexual assault allegations, but I will also discuss parallel dynamics in other examples of context-sensitive language involving politically significant terms, including gender terms. The central upshot is that the connections between language, epistemology, and social justice are very deeply interlinked. (shrink)

Fricker shows that virtue epistemology provides a general epistemological idiom in which these issues can be forcefully discussed.

To respond to the charge of context-insensitivity, discourse ethics distinguishes justification discourses, which only require that we consider what is equally good for all, and subsequent application discourses, in which the perspective of concrete others must be adopted. This article argues that, despite its pragmatic attractiveness, the separation of justification and application neglects the co-constitutive role that applicability plays for the meaning of normativity. Norms that do not, in a machine-like fashion, produce their cases, cannot already contain their appropriateness to (...) the cases that nonetheless alone justify the existence of norms in th first place. The higher-order norm of appropriateness that enters normativity with th dependence on applications is one that remains implicit, and impossible to determine in advance. Thus, the justification of a norm is always incomplete for conceptual and not merely empirical reasons, as fallibilism typically has it. (shrink)

We focus here on some familiar kinds of cases of conflict between friendship and morality, and, on the basis of our account of the nature of friendship, argue for the following two claims: first, that in some cases where we are led morally astray by virtue of a relationship that makes its own demands on us, the relationship in question is properly called a friendship; second, that relationships of this kind are valuable in their own right.

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)

The literature in ethics is filled with theories of what makes an action wrong, what makes an actor responsible and blamable for his wrongful actions and what we are justified in doing to wrongdoers (e.g., may we punish them? must we forgive them?). However, there is relatively little discussion of what wrongdoers themselves must do in the aftermath of their wrongful acts. This essay attempts to remedy that problem by critically evaluating some competing accounts of the moral obligations of wrongdoers. (...) It argues for a conception of atonement that highlights the value of reconciliation, as opposed to repentance or self-punishment. (shrink)