DISCUSSIONS OF JUSTICE within the classical liberal, libertarian tradition have been universalist. They have aspired to apply to any human community, whatever the makeup of its membership. Certainly some feminists have taken issue with this, arguing that the classical liberal, libertarian understanding of justice fails to address the concerns of women, indeed, does women an injustice. Among these we find Susan Moller Okin, and it will be my task in this essay to explore whether Okin's criticism is well founded. Susan (...) Moller Okin's justice, Gender, and the Family is a landmark feminist discussion of distributive justice that raises issues no political philosophy should ignore. However, libertarians have tended to ignore it. That is perhaps not surprising as Okin would have us believe that libertarian feminism is incoherent. Some libertarians seem to agree, leading one to believe that liberty is incompatible with justice for women. Perhaps libertarians and feminists agree on the "facts," but disagree on the values. Whereas the feminist is willing to sacrifice liberty for justice, the libertarian is willing to sacrifice justice for liberty. Although the libertarian might object to this characterization on the grounds that the demands of justice would be met by a libertarian scheme, the feminist can equally object that the "liberty" she is willing to sacrifice means liberty for men and domestic servitude for women. Okin finds libertarianism problematic for two reasons: its philosophical foundations and its unjust consequences for women. (She focuses, as will I, on women in quasi-democratic industrial societies.) I will argue, contra Okin, that neither the philosophical foundations nor the possible implications of libertarianism are as problematic for feminism as she claims. (shrink)

Despite the concern with oppressive systems and practices there have been few attempts to analyse the general concept of oppression. Recently, Iris Marion Young has argued that it is not possible to analyse oppression as a unitary moral category. Rather, the term ‘oppression’ refers to several distinct structures, namely, exploitation, marginalisation, powerlessness, cultural imperialism, and violence. This paper rejects Young's claim and advances a general theory of oppression. Drawing insight from American chattel slavery and the situation of the German Jews (...) during the 1930's, I argue that to be oppressed is to be unjustly denied the opportunity for what I call ‘resilient autonomy’. I argue that all instances of oppression can usefully be analysed in these terms. I test my analysis against each of Young's five structures of oppression, concluding that in each case they are captured by my analysis. (shrink)

The Herald of Free Enterprise, a ferry operating in the English Channel, sank on March 6, 1987, drowning nearly two hundred people. The official inquiry found that the company running the ferry was extremely sloppy, with poor routines of checking and management. “From top to bottom the body corporate was infected with the disease of sloppiness.”1 But the courts did not penalize anyone in what might seem to be an appropriate measure, failing to identify individuals in the company or on (...) the ship itself who were seriously enough at fault. As one commentator put it, “The primary requirement of finding an individual who was liable . . . stood in the way of attaching any significance to the organizational sloppiness that had been found by the official inquiry.”2 In a case like this it can make good sense to hold that while the individuals involved may not bear a high degree of personal responsibility, together as a corporate enterprise they should carry full responsibility for what occurred. Although the members may not fully satisfy the conditions for being held personally responsible—although there are mitigating circumstances that excuse them in some mea-. (shrink)

This paper surveys the current philosophical discussion of the ethics of risk imposition, placing it in the context of relevant work in psychology, economics and social theory. The central philosophical problem starts from the observation that it is not practically possible to assign people individual rights not to be exposed to risk, as virtually all activity imposes some risk on others. This is the ‘problem of paralysis’. However, the obvious alternative theory that exposure to risk is justified when its total (...) benefits exceed its total costs faces the standard distributional challenges of consequentialism. Forms of contractualism have been proposed as a solution, but how exactly such theories can be formulated remains problematic, especially when confronted with the difficult cases of mass, novel, risk such as climate change. (shrink)

Philosophers who have written about implicit bias have claimed or implied that individuals are not responsible, and therefore not blameworthy, for their implicit biases, and that this is a function of the nature of implicit bias as implicit: below the radar of conscious reflection, out of the control of the deliberating agent, and not rationally revisable in the way many of our reflective beliefs are. I argue that close attention to the findings of empirical psychology, and to the conditions for (...) blameworthiness, does not support these claims. I suggest that the arguments for the claim that individuals are not liable for blame are invalid, and that there is some reason to suppose that individuals are, at least sometimes, liable to blame for the extent to which they are influenced in behaviour and judgment by implicit biases. I also argue against the claim that it is counter-productive to see bias as something for which individuals are blameworthy; rather, understanding implicit bias as something for which we are liable to blame could be constructive. (shrink)

Research programs in empirical psychology from the past two decades have revealed implicit biases. Although implicit processes are pervasive, unavoidable, and often useful aspects of our cognitions, they may also lead us into error. The most problematic forms of implicit cognition are those which target social groups, encoding stereotypes or reflecting prejudicial evaluative hierarchies. Despite intentions to the contrary, implicit biases can influence our behaviours and judgements, contributing to patterns of discriminatory behaviour. These patterns of discrimination are obviously wrong and (...) unjust. But in remedying such wrongs, one question to be addressed concerns responsibility for implicit bias. Unlike some paradigmatic forms of wrongdoing, such discrimination is often unintentional, unendorsed, and perpetrated without awareness; and the harms are particularly damaging because they are cumulative and collectively perpetrated. So, what are we to make of questions of responsibility? In this article, we outline some of the main lines of recent philosophical thought, which address questions of responsibility for implicit bias. We focus on (a) the kind of responsibility at issue; (b) revisionist versus nonrevisionist conceptions of responsibility as applied to implicit bias; and (c) individual, institutional, and collective responsibility for implicit bias. (shrink)

Corporate freedom is the freedom of a collective agent to perform a joint action. According to a reductive account, a collective or corporate agent is free exactly if the individuals who constitute the corporate agent are free. It is argued that individual freedoms are neither necessary nor sufficient for corporate freedom. The alternative account proposed here focuses on the performance of the joint action by the corporate agent itself. Subsequently, the analysis is applied to Cohen’s (1983) analysis of proletarian freedom. (...) Cohen claims that proletarians are individually free but collectively unfree to leave the proletariat. I argue that, pace Cohen, such a contrast between individual and collective freedom can only exist if collective freedom is interpreted in terms of corporate freedom. (shrink)

It is a commonplace within philosophy that the ontology of institutions can be captured in terms of constitutive rules. What exactly such rules are, however, is not well understood. They are usually contrasted to regulative rules: constitutive rules (such as the rules of chess) make institutional actions possible, whereas regulative rules (such as the rules of etiquette) pertain to actions that can be performed independently of such rules. Some, however, maintain that the distinction between regulative and constitutive rules is merely (...) a linguistic one. In this paper I present the status account of constitutive rules in order to address this criticism. According to the status account constitutive rules pertain to institutional statuses and statuses are to be understood in terms of status rules. Status rules concern the enabling and constraining roles of institutions, and constitutive rules specify the preconditions that have to be met in order for them to play these roles. Even though I end up endorsing the claim that the distinction mentioned is a linguistic one, I go on to argue that there is an underlying reality that constitutive rules serve to make apparent. (shrink)

If I were asked to put forward an ethical principle which I considered to be especially certain, it would be that no one can be responsible, in the properly ethical sense, for the conduct of another. Responsibility belongs essentially to the individual. The implications of this principle are much more far-reaching than is evident at first, and reflection upon them may lead many to withdraw the assent which they might otherwise be very ready to accord to this view of responsibility. (...) But if the difficulties do appear to be insurmountable, and that, very certainly, does not seem to me to be the case, then the proper procedure will be, not to revert to the barbarous notion of collective or group responsibility, but to give up altogether the view that we are accountable in any distinctively moral sense. (shrink)

In this paper I argue that, in addition to having an obligation to resist the oppression of others, people have an obligation to themselves to resist their own oppression. This obligation to oneself, I argue, is grounded in a Kantian duty of self-respect.

This paper surveys the current philosophical discussion of the ethics of risk imposition, placing it in the context of relevant work in psychology, economics and social theory. The central philosophical problem starts from the observation that it is not practically possible to assign people individual rights not to be exposed to risk, as virtually all activity imposes some risk on others. This is the ‘problem of paralysis’. However, the obvious alternative theory that exposure to risk is justified when its total (...) benefits exceed its total costs faces the standard distributional challenges of consequentialism. Forms of contractualism have been proposed as a solution, but how exactly such theories can be formulated remains problematic, especially when confronted with the difficult cases of mass, novel, risk such as climate change. (shrink)

[T]he dominated live in a world structured by others for their purposes — purposes that at the very least are not our own and that are in various degrees inimical to our development and even existence.We are perhaps used to the idea that there are various species of oppression: political, economic, or sexual, for instance. But where there is the phenomenon that Nancy Hartsock picks out in saying that the world is “structured” by the powerful to the detriment of the (...) powerless, there is another species of oppression at work, one that has not been registered in mainstream epistemology: epistemic oppression. The word ‘structured’ may be read materially, so as to imply that social institutions and practices favour the powerful, or ontologically, so as to imply that the powerful somehow constitute the world. But for present purposes I am interested only in an epistemological reading, which implies that the powerful have some sort of unfair advantage in “structuring” our understandings of the social world. I will try to present an account of what this initially vague idea involves. I hope thereby to explain an exact sense in which the powerful can have a kind of epistemic advantage that means the powerless are epistemically oppressed. (shrink)

I would like to suggest another way to go further toward a new economy of power relations, a way which is more empirical, more directly related to our present situation, and which implies more relations between theory and practice. It consists of taking the forms of resistance against different forms of power as a starting point. To use another metaphor, t consists of using this resistance as a chemical catalyst so as to bring to light power relations, locate their position, (...) and find out their point of application and the methods used. Rather than analyzing power from the point of view of its internal rationality, it consists of analyzing power relations through the antagonism of strategies.[…]Let us come back to the definition of the exercise of power as a way in which certain actions may structure the field of other possible actions. What, therefore, would be proper to a relationship of power is that it be a mode of action upon actions. That is to say, power relations are rooted deep in the social nexus, not reconstituted "above" society as a supplementary structure whose radical effacement one could perhaps dream of. In any case, to live in a society is to live in such a way that action upon other actions is possible-- and in fact ongoing. A society without power relations can only be an abstraction. Which, be it said in passing, makes all the more politically necessary the analysis of power relations in a given society, their historical formation, the source of their strength or fragility, the conditions which are necessary to transform some or to abolish others. For to say that there cannot be a society without power relations is not to say either that those which are established are necessary or, in any case, that power constitutes a fatality at the heart of societies, such that it cannot be undermined. Instead, I would say that the analysis, elaboration, and bringing into question of power relations and the "agonism" between power relations and the instransitivity of freedom is a permanent political task inherent in all social existence.[…]In effect, between a relationship of power and a strategy of struggle there is a reciprocal appeal, a perpetual linking and a perpetual reversal. At every moment the relationship of power may become a confrontation between two adversaries. Equally, the relationship between adversaries in society may, at every moment, give place to the putting into operation of mechanisms of power. The consequence of this instability is the ability to decipher the same events and the same transformations either from inside the history of struggle or from the standpoint of the power relationships. The interpretations which result will not consist of the same elements of meaning or the same links or the same types of intelligibility, although they refer to the same historical fabric, and each of the two analyses must have reference to the other. In fact, it is precisely the disparities between the two readings which make visible those fundamental phenomena of "domination" which are present in a large number of human societies.Michel Foucault has been teaching at the Collège de France since 1970. His works include Madness and Civilization , The Birth of the Clinic , Discipline and Punish , and History of Sexuality , the first volume of a projected five-volume study. (shrink)

This chapter contains sections titled: Jurisprudence: Method and Subject Matter Legality and Authority Positivism: Austin vs. Hart The Authority of Law Judicial Discretion Incorporationism and Legality Raz' s Theory of Authority Incorporationism and Authority Conclusion Postscript References.

This essay discusses the nature of collective responsibility and explores various controversies associated with its possibility and normative value.

“Implicit bias” is a term of art referring to relatively unconscious and relatively automatic features of prejudiced judgment and social behavior. While psychologists in the field of “implicit social cognition” study “implicit attitudes” toward consumer products, self-esteem, food, alcohol, political values, and more, the most striking and well-known research has focused on implicit attitudes toward members of socially stigmatized groups, such as African-Americans, women, and the LGBTQ community.[1] For example, imagine Frank, who explicitly believes that women and men are equally (...) suited for careers outside the home. Despite his explicitly egalitarian belief, Frank might nevertheless implicitly associate women with the home, and this implicit association might lead him to behave in any number of biased ways, from trusting feedback from female co-workers less to hiring equally qualified men over women. Psychological research on implicit bias is relatively recent (§1), but a host of metaphysical (§2), epistemological (§3), and ethical questions (§4) about implicit bias are pressing.[2]. (shrink)

Incorporated groups include businesses, universities, churches and the like. Organized to act as single centers of agency, they also routinely satisfy the three conditions that make an agent fit to be held responsible: they face significant choices, can recognize the relative value of different options, and are able to choose in sensitivity to such values. But is it redundant to hold a corporate agent responsible for something, when certain members are also held responsible for the individual parts they play? No (...) it is not, for it is often possible for a corporate entity to be fully fit to be held responsible, when this is not true of the individual members; they may be able to make excuses that are not available at the corporate level. Does the case made for corporate responsibility extend to unincorporated collectivities like nations or religions? Not strictly but it does explain why it may be sensible to treat those collectivities as if they had corporate responsibility in certain domains. (shrink)

Though the “internal point of view” is perhaps H.L.A. Hart’s greatestcontribution to legal theory, this concept is also often and easily misunderstood. This is unfortunate, not only because these misreadings distort Hart’s theory, but, more importantly, because they prevent us from appreciating the infirmities of sanction-centered theories of law and the compelling reasons why they ought to be rejected. In this paper, I try to address some of these confusions. What, exactly, is the internal point of view? What role (or (...) roles) does it play in Hart’s theory? And how does an adequate appreciation for the centrality of the internal point of view lead to the rejection of sanction-centered theories? (shrink)