Miranda Fricker maintains that testimonial injustice is a matter of credibility deficit, not excess. In this article, I argue that this restricted characterization of testimonial injustice is too narrow. I introduce a type of identity-prejudicial credibility excess that harms its targets qua knowers and transmitters of knowledge. I show how positive stereotyping and prejudicially inflated credibility assessments contribute to the continued epistemic oppression of marginalized knowers. In particular, I examine harms such as typecasting, compulsory representation, and epistemic exploitation and consider (...) what hearers are obligated to do in response to these injustices. I argue that because epistemic harms to marginalized knowers also arise from prejudicially inflated assessments of their credibility, the virtue of testimonial justice must be revised to remedy them. (shrink)

We defend the view of some feminist writers that the notion of silencing has to be taken seriously in discussions of free speech. We assume that what ought to be meant by ‘speech’, in the context ‘free speech’, is whatever it is that a correct justification of the right to free speech justifies one in protecting. And we argue that what one ought to mean includes illocution, in the sense of J.L. Austin.

Miranda Fricker claims that a “gap” in collective hermeneutical resources with respect to the social experiences of marginalized groups prevents members of those groups from understanding their own experiences (Fricker 2007). I argue that because Fricker misdescribes dominant hermeneutical resources as collective, she fails to locate the ethically bad epistemic practices that maintain gaps in dominant hermeneutical resources even while alternative interpretations are in fact offered by non-dominant discourses. Fricker's analysis of hermeneutical injustice does not account for the possibility that (...) marginalized groups can be silenced relative to dominant discourses without being prevented from understanding or expressing their own social experiences. I suggest that a gap in dominant hermeneutical resources is ambiguous between two kinds of unknowing: hermeneutical injustice suffered by members of marginalized groups, and epistemically and ethically blameworthy ignorance perpetrated by members of dominant groups. (shrink)

While in agreement with Miranda Fricker’s context-sensitive approach to hermeneutical injustice, this paper argues that this contextualist approach has to be pluralized and rendered relational in more complex ways. In the first place, I argue that the normative assessment of social silences and the epistemic harms they generate cannot be properly carried out without a pluralistic analysis of the different interpretative communities and expressive practices that coexist in the social context in question. Social silences and hermeneutical gaps are misrepresented if (...) they are uniformly predicated of an entire social context, instead of being predicated of particular ways of inhabiting that context by particular people in relation to particular others. I contend that a more nuanced—polyphonic—contextualization offers a more adequate picture of what it means to break social silences and to repair the hermeneutical injustices associated with them. In the second place, I argue that the particular obligations with respect to hermeneutical justice that differently situated subjects and groups have are interactive and need to be determined relationally. That is, whether individuals and groups live up to their hermeneutical responsibilities has to be assessed by taking into account the forms of mutual positionality, relationality, and responsivity (or lack thereof) that these subjects and groups display with respect to one another. The central argument is developed through an examination of what in race theory and in contemporary epistemologies of ignorance has been termed “white ignorance”; that is, the kind of hermeneutical inability of privileged white subjects to recognize and make sense of their racial identities, experiences, and social positionality. (shrink)

According to Miranda Fricker, a hermeneutical injustice occurs when there is a deficit in our shared tools of social interpretation, such that marginalized social groups are at a disadvantage in making sense of their distinctive and important experiences. Critics have claimed that Fricker's account ignores or precludes a phenomenon I call hermeneutical dissent, where marginalized groups have produced their own interpretive tools for making sense of those experiences. I clarify the nature of hermeneutical injustice to make room for hermeneutical dissent, (...) clearing up the structure of the collective hermeneutical resource and the fundamental harm of hermeneutical injustice. I then provide a more nuanced account of the hermeneutical resources in play in instances of hermeneutical injustice, enabling six species of the injustice to be distinguished. Finally, I reflect on the corrective virtue of hermeneutical justice in light of hermeneutical dissent. (shrink)

This paper gives an account of proxy agency in the context of collective action. It takes the case of a group announcing something by way of a spokesperson as an illustration. In proxy agency, it seems that one person or subgroup's doing something counts as or constitutes or is recognized as (tantamount to) another person or group's doing something. Proxy agency is pervasive in institutional action. It has been taken to be a straightforward counterexample to an appealing deflationary view of (...) collective action as a matter of all members of a group making a contribution to bringing about some event. I show that this is a mistake. I give a deflationary account of constitutive rules in terms of essentially collective action types. I then give an account of one form of constitutive agency in terms of constitutive rules. I next give an account of status functions—of which being a spokesperson is one—that also draws on the concept of a constitutive rule. I then show how these materials help us to see how proxy agency is an expression of the agency of all members of the group credited with doing something when the proxy acts. (shrink)

In this paper, I provide the framework for an account of group assertion. On my view, there are two kinds of group assertion, coordinated and authority-based, with authority-based group assertion being the core notion. I argue against a deflationary view, according to which a group’s asserting is understood in terms of individual assertions, by showing that a group can assert a proposition even when no individual does. Instead, I argue on behalf of an inflationary view, according to which it is (...) the group itself that asserts, a conclusion supported by the fact that paradigmatic features of assertion apply only at the level of the group. A central virtue of my account is that it appreciates the important relationship that exists between most groups and their spokespersons, as well as the consequences that follow from this relationship. My view, thus, provides the framework for distinguishing when responsibility for an assertion lies at the collective level, and when it should be shouldered by an individual simply speaking for herself. (shrink)

This paper re-examines the debate between those who, with Miranda Fricker, diagnose the primary, non-contingent harm of testimonial injustice as a kind of epistemic objectification and those who contend it is better thought of as a kind of epistemic othering. Defenders of the othering account of the primary harm have often argued for it by presenting cases of testimonial injustice in which the testifier’s epistemic agency is affirmed rather than denied, even while their credibility is unjustly impugned. In previous work, (...) I have instead argued that such cases suggest that we need to enrich our conception of epistemic objectification in ways encouraged by Martha Nussbaum’s cluster analysis of objectification. Here I continue to make the case for this approach, and I consider the othering account in more detail. I focus in particular on Gaile Pohlhaus Jr.’s arguments for a version of the othering account in terms of the notion of derivatization, which turns on the idea that only such an account can enable us to properly understand the harms of testimonial injustice, in particular the ways in which it interferes with a subject’s epistemic agency and autonomy, and I’ll argue that such arguments should not sway us. Finally, I’ll further support my contention that it is illuminating and helpful to think of the primary harm of testimonial injustice in terms of epistemic objectification, though I will concede that the notion of epistemic othering may offer further helpful resources for understanding how subjects can be harmed by testimonial injustice. (shrink)

I analyze the relation between deliberative democracy and trust through the lens of epistemic justice. I argue for three main claims: (i) the deliberative impasse dividing majority and minority groups in many democracies is due to a particular type of epistemic injustice, which I call ‘hermeneutical domination’; (ii) undoing hermeneutical domination requires epistemic trust; and (iii) this epistemic trust is supported by the three deliberative democratic requirements of equality, legitimacy, and accountability. In arguing for those claims, I contribute to the (...) conceptualization of both epistemic injustice and domination, as well as to discussions of trust and deliberative democracy. (shrink)

Over the past few decades, Indigenous communities have successfully campaigned for greater inclusion in decision-making processes that directly affect their lands and livelihoods. As a result, two important participatory rights for Indigenous peoples have now been widely recognized: the right to consultation and the right to free, prior and informed consent (FPIC). Although these participatory rights are meant to empower the speech of these communities—to give them a proper say in the decisions that most affect them—we argue that the way (...) these rights have been implemented and interpreted sometimes has the opposite effect, of denying them a say or ‘silencing’ them. In support of this conclusion we draw on feminist speech act theory to identify practices of locutionary, illocutionary, and perlocutionary group silencing that arise in the context of consultation with Indigenous communities. (shrink)

Human beings as objects, and we are objects inter alia, offer information, even knowledge. And yet, in a society marked by pervasive identity prejudice, even objects do not offer neutral facts. Here, I argue that the harms imposed on those who suffer testimonial injustices cannot be sufficiently understood through the ethical lens of objectification. Such persons are not simply objectified, not simply treated as mere sources of information rather than as informants. Even as objects (not mere objects), they are often (...) unable to testify on their own behalf or testify to true facts of the matter. Rather than follow Miranda Fricker’s argument that testimonial injustices are acts of objectification, I argue that they are better understood as acts of what Ann Cahill calls derivatization. A re-examination of Fricker’s account of the wrong of testimonial injustice as derivatizing rather than objectifying clarifies the wrong of epistemic injustice, reinforces the mutuality of testimonial exchanges where both the speaker and listener are actively engaged and obligated to participate well to succeed, and opens up a discussion of how even when being treated as a source of information, informants can be mistreated. (shrink)

In John Locke's Two Treatises of Government, the state of nature, and more particularly natural man, are created within the tradition of natural law. Several commentators, such as James Tully and Karl Olivecrona, have recognized this legacy in Locke's political thought.1 While providing an analysis of Locke's thought in relation to natural law, such studies, however, have not fully examined the global context within which both the Two Treatises and seventeenth-century natural law developed. Consequently the extent to which natural law (...) theorists, such as Hugo Grotius and Samuel Pufendorf, were influenced by the colonial interests of their particular countries of origin has been largely overlooked. The development of natural law theory, which can be traced back to the time of Cicero and beyond, is transformed during the sixteen hundreds by the need to answer new questions posed, both on sea and land, by the expanding colonial empires of Europe. Thus, in considering the natural law theorists who influenced Locke, it will be necessary to examine how colonialism influenced both the questions which were posed and the answers that were given. (shrink)