This chapter contains sections titled: 1. Frontiers of Justice and the Challenge of Disability 2. The General Approach of Frontiers of Justice 3. Equality and Adequacy 4. Social and Economic Entitlements 5. Equality in Education 6. Equality in Political Entitlements Acknowledgments References.

In this paper, I offer a solution to the Capacity/Equality Puzzle. The puzzle holds that an account of the franchise may adequately capture at most two of the following: (1) a political equality-based account of the franchise, (2) a capacity-based account of disenfranchising children, and (3) universal adult enfranchisement. To resolve the puzzle, I provide a complex liberal egalitarian justification of a moral requirement to disenfranchise children. I show that disenfranchising children is permitted by both the proper political liberal and (...) the proper political egalitarian understandings of the relationship between cognitive capacity and the franchise. Further, I argue, disenfranchising children is required by a minimalistic, procedural principle of collective competence in political decision-making. At the same time, I show that political equality requires the enfranchisement of all adults, regardless of cognitive capacities, and that the collective competence principle does not ground adult disenfranchisement. This justifies the progressive legal trend that holds the capacity-based disenfranchisement of adults to be incompatible with liberal democratic principles. (shrink)

This article advances three claims. The first is that the standard instrumentalist case for minimal age and sanity requirements for voting is weak and inconclusive in such a way that the evaluation of such requirements should be made exclusively on the basis of procedural fairness considerations. The second claim is that fairness requires the inclusion of all and only those persons who have the franchise capacity: the minimum necessary cognitive and moral powers to experience the benefits of enfranchisement. The third (...) and final claim is that current age and sanity prerequisites for voting in most places fail to comply with the demands of fairness and ought to be revised. (shrink)

On September 3, 2015, the Political Epistemology/ideas, Knowledge, and Politics section of the American Political Science Association sponsored a roundtable on epistemic democracy as part of the APSA’s annual meetings. Chairing the roundtable was Daniel Viehoff, Department of Philosophy, University of Sheffield. The other participants were Jack Knight, Department of Political Science and the Law School, Duke University; Hélène Landemore, Department of Political Science, Yale University; and Nadia Urbinati, Department of Political Science, Columbia University. We thank the participants for permission (...) to republish their remarks, which they edited for clarity after the fact. (shrink)

More than two decades after the passage of the Americans with Disabilities Act , people with disabilities continue to live at the margins of American democracy and capitalist society. This persistent exclusion poses a conundrum to political theorists committed to disability rights, multiculturalism, and social justice. Drawing from feminist insights, specifically the work of Nancy Fraser, among others, I examine the necessary conditions for meaningful inclusion to be realized within a deliberative democracy. Using Fraser's concept of “participatory parity” as a (...) proxy for inclusion, I strategize how to overcome informal barriers—economic inequality and misrecognition—that persist even after disabled people are granted the legal right to participate. The analysis concludes that a truly inclusionary and multicultural democracy requires the redistribution of wealth and a more expansive model of political deliberation, one that can recognize unconventional modes of communication through practices of translation. (shrink)

This article analyses the phenomenon of epistemic injustice within contemporary healthcare. We begin by detailing the persistent complaints patients make about their testimonial frustration and hermeneutical marginalization, and the negative impact this has on their care. We offer an epistemic analysis of this problem using Miranda Fricker's account of epistemic injustice. We detail two types of epistemic injustice, testimonial and hermeneutical, and identify the negative stereotypes and structural features of modern healthcare practices that generate them. We claim that these stereotypes (...) and structural features render ill persons especially vulnerable to these two types of epistemic injustice. We end by proposing five avenues for further work on epistemic injustice in healthcare. (shrink)

In this, the first of two articles outlining a theory of communicative competence, the author shows how the requirements of such a theory are to be found in an analysis not of the linguistic competence of a native speaker, but of systematic distortion of communication of the kind postulated by psychoanalytic theory. The psychoanalyst's hermeneutic understanding of initially incomprehensible acts and utterances depends on the explanatory power of this understanding, and therefore rests on theoretical assumptions. After a preliminary delineation of (...) the range of incomprehensible acts and utterances dealt with in psychoanalysis, the author presents an account of psychoanalysis as linguistic analysis. He then explicates the key theoretical assumptions underlying the analytical procedure, in particular those relating to the notion of ?scenic understanding?, and concludes by indicating the place of explanatory understanding in a theory of communicative competence. (shrink)

This is the first of two companion articles drawn from a larger project, provisionally entitled Undisciplining Moral Epistemology. The overall goal is to understand how moral claims may be rationally justified in a world characterized by cultural diversity and social inequality. To show why a new approach to moral justification is needed, it is argued that several currently influential philosophical accounts of moral justification lend themselves to rationalizing the moral claims of those with more social power. The present article explains (...) how discourse ethics is flawed just in this way. The article begins by identifying several conditions of adequacy for assessing reasoning practices designed to achieve moral justification and shows that, when used in contexts of cultural diversity and social inequality, discourse ethics fails these conditions. It goes on to argue that the failure of discourse ethics is rooted in its reliance on a broader conception of moral epistemology that is invidiously idealized. It concludes by pointing to the need to rethink both the mission and the method of moral epistemology. (shrink)

Miranda Fricker's important study of epistemic injustice is focussed primarily on testimonial injustice and hermeneutic injustice. It explores how agents' capacities to make assertions and provide testimony can be impaired in ways that can involve forms of distinctively epistemic injustice. My paper identifies a wider range of forms of epistemic injustice that do not all involve the ability to make assertions or offer testimony. The paper considers some examples of some other ways in which injustice can prevent someone from participating (...) in inquiry. (shrink)

Proposals to lower the age of voting, to 15 for example, are regularly met with worries that people that age are not sufficiently ‘competent’. Notice however that we allow people that age to sign binding legal contracts, provided that those contracts are co-signed by their parents. Notice, further, that in a democracy voters are collectively ‘joint authors’ of the laws that they enact. Enfranchising some less competent voters is no worry, the Condorcet Jury Theorem assures us, so long as the (...) electorate's competence averaging across all voters remains better-than-random. (shrink)

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

Deliberative democracy harbors a recurrent tension between full inclusion and intelligible speech. People with profound cognitive disabilities often signify this tension. While liberal deliberative theorists sacrifice inclusion for intelligibility, this exclusion is unnecessary. Instead, by analyzing deliberative locations that already include people with disabilities, I offer two ways to revise deliberative norms. First, the physical presence of disabled bodies expands the value of publicity in deliberative democracy, demonstrating that the publicity of bodies provokes new conversations similar to rational speech acts. (...) Second, the inclusion of people with profound disabilities necessitates a form of collaborative speech in which individuals make claims collaboratively. Habermas offers an ideal site to pursue this analysis because he recognizes the theoretical tension between inclusion and intelligibility and because his personal testimony reveals important insight into the lived experience of disability. (shrink)

How do we theorize the experiences of caregivers abused by their children with autism without intensifying stigma toward disability? Eva Kittay emphasizes examples of extreme vulnerability to overturn myths of independence, but she ignores the possibility that dependents with disabilities may be vulnerable and aggressive. Instead, her work over-emphasizes caregivers' capabilities and the constancy of disabled dependents' vulnerability. I turn to Judith Butler's ethics and her conception of the self as opaque to rethink care amid conflict. Person-centered planning approaches, pioneered (...) by disability rights activists, merge Butler's analysis of opacity with Kittay's work on embodied care, while also inviting a broader network of people to both interpret needs and change communities. By expanding our conceptions of dependency, feminist disability studies can continue the aim of both Kittay and Butler: to humanize unintelligible lives. (shrink)

The theory of deliberative democracy is a field of democratic theory that studies the contribution of public discussion, argumentation, and reasoning to the normative justification of democratic decision‐making. In this essay, we first explore two competing visions of the moral ideal of deliberative democracy: the rational consensus conception and the wide conception. This establishes a normative framework for analyzing several important applied issues that arise in thinking about deliberative democracy in the real world: the role of cognitive diversity in deliberative (...) decision‐making, the problem of rational ignorance, inequality in public deliberation, and the problem of group polarization. (shrink)

The literature on epistemic injustice currently displays a logocentric or propositional bias that excludes people with intellectual disabilities from the scope of epistemic agency and the demands of epistemic justice. This paper develops an account of epistemic agency and injustice that is inclusive of both people with and people without intellectual disabilities. I begin by specifying the hitherto undertheorized notion of epistemic agency. I develop a broader, pluralist account of epistemic agency, which relies on a conception of knowledge that accounts (...) not only for propositional knowing, but also for other types of knowing that have been largely neglected in debates on epistemic injustice and agency. Based on this pluralist account of epistemic agency, I then show that people with intellectual disabilities qualify as epistemic agents and therefore as subjects of epistemic justice. Finally, I argue that this pluralist account of epistemic agency pushes us to revisit the current conception of epistemic injustice and to expand its taxonomy in two important ways. (shrink)

IN the last decade deliberative democracy has developed rapidly from a “theoretical statement” into a “working theory.”1 Scholars and practitioners have launched numerous initiatives designed to put deliberative democracy into practice, ranging from deliberative polling to citizen summits.2 Some even advocate deliberation as a new “revolutionary now.”3 Deliberative democracy has also experienced the beginning of an empirical turn, making significant gains as an empirical (or positive) political science. This includes a small, but growing body of literature tackling the connection between (...) the normative standards of deliberation, how well they are met, and the empirical consequences of meeting them.4 This trend has, for instance, included the use of methods and frameworks borrowed from other fields, such as political and social psychology. Such studies suggest that cases approaching ideal deliberation are rare, but that group interaction sometimes works surprisingly well according to such ideals.5. (shrink)

Charles Taylor argues that recognition begins with the politics of "self-image," as groups represented in the past by others in ways harmful to their own identity replace negative historical self-images with positive ones of their own making. Given the centrality of "self image" to his politics of recognition, it is striking that Taylor, himself, represents disabled people in language that is both limiting and depreciating. The author argues such negative self-images are not unique to Taylor but endemic to modern political (...) thought from John Locke to John Rawls, as the disabled are constituted in direct opposition to the rational person and/or citizen. Using contemporary social theories of disability, as articulated by disabled scholars and advocates, the author concludes that such negative self-images must be purged from political theory and replaced with an alternative theory of personhood/citizenship rooted in the image of interdependency. (shrink)

In Epistemic injustice, Miranda Fricker makes a tremendous contribution to theorizing the intersection of social epistemology with theories of justice. Theories of justice often take as their object of assessment either interpersonal transactions (specific exchanges between persons) or particular institutions. They may also take a more comprehensive perspective in assessing systems of institutions. This systemic perspective may enable control of the cumulative effects of millions of individual transactions that cannot be controlled at the individual or institutional levels. This is true (...) not only with respect to the overall distribution of such goods as income and wealth, but also with respect to the goods of testimonial and hermeneutical justice. Cognitive biases that may be difficult for even epistemically virtuous individuals to correct on their own may be more susceptible to correction if we focus on the principles that should govern our systems of testimonial gathering and assessment. Hence, while Fricker’s focus on individual epistemic virtue is important, we also need to consider what epistemic justice as a virtue of social systems would require. My paper will indicate some directions forward on this front, focusing on the need for integration of diverse institutions and persons engaged in inquiry. (shrink)

This essay argues that the systemic turn in deliberative democracy has opened up avenues to think about disabled citizenship within discursive processes. I highlight the systemic turn’s recognition of the interdependence of individuals and institutions upon each other in a system as key to this project. This recognition has led to three transformations: a more generous account of deliberative speech acts and behaviors; recognition of the role of enclaves; and incorporating the role of discursive representatives. These changes normalize the participation (...) of cognitively disabled individuals and suggest institutional opportunities for more effective participation. (shrink)