Eyewitness testimony is a powerful form of evidence, and this is especially true in the United States criminal legal system. At the same time, eyewitness misidentification is the greatest contributing factor to wrongful convictions proven by DNA testing. In this paper, I offer a close examination of this tension between the enormous epistemic weight that eyewitness testimony is afforded in the United States criminal legal system and the fact that there are important questions about its reliability as a source of (...) evidence. In Sections 1 and 2, I argue that lineups and interrogations often function by way of extracting testimony from an eyewitness through practices that are manipulative, deceptive, or coercive. I then show, in Section 3, that when testimony that is extracted in these ways is given an unwarranted excess of credibility, the eyewitness in question is the victim of what I call agential testimonial injustice. I conclude that since much of the testimony of eyewitnesses is both extracted and given an excess of credibility, there is a fairly widespread form of epistemic injustice being inflicted upon testifiers in the United States criminal legal system. This calls for reforms along both dimensions—lineups and interrogations should go through a witness's epistemic agency, rather than bypassing, exploiting, or undermining it, and the weight of the resulting testimony should be viewed in the broader context of its significant fallibility. (shrink)

In the criminal legal system, confessions have long been considered the ‘gold standard’ in evidence. An immediate problem arises for this gold standard, however, when the prevalence of false confessions is taken into account. In this paper, I take a close look at false confessions in connection with the phenomenon of testimonial injustice. I show that false confessions provide a unique and compelling challenge to the current conceptual tools used to understand this epistemic wrong. In particular, I argue that we (...) cannot make sense of the unjust ways in which false confessions function in our criminal legal system by focusing exclusively on speakers getting less credibility than they deserve. I conclude that the way we conceive of testimonial injustice requires a significant expansion to include what I call agential testimonial injustice – where an unwarranted credibility excess is afforded to speakers when their epistemic agency has been denied or subverted in the obtaining of their testimony. (shrink)

Statistical evidence—say, that 95% of your co-workers badmouth each other—can never render resenting your colleague appropriate, in the way that other evidence (say, the testimony of a reliable friend) can. The problem of statistical resentment is to explain why. We put the problem of statistical resentment in several wider contexts: The context of the problem of statistical evidence in legal theory; the epistemological context—with problems like the lottery paradox for knowledge, epistemic impurism and doxastic wrongdoing; and the context of a (...) wider set of examples of responses and attitudes that seem not to be appropriately groundable in statistical evidence. Regrettably, we do not come up with a fully general, fully adequate, fully unified account of all the phenomena discussed. But we give reasons to believe that no such account is forthcoming, and we sketch a somewhat messier account that may be the best that can be had here. (shrink)

The criticism of “traditional,” “toxic,” or “patriarchal” masculinity in both academic and popular venues recognizes that there is some sense in which the character traits and tendencies that are associated with masculinity are structurally connected to oppressive, gendered social practices and patriarchal social structures. One important theme of criticism centers on the gender distribution of emotional labor, generally speaking, but this criticism is also particularly meaningful in the context of heterosexual romantic relationships. I begin with the premise that there is (...) a gendered and asymmetrical distribution in how much emotional labor is performed, but I also consider that there might be meaningful and informative distinctions in what kind of emotional labor is characteristically performed by different genders. Specifically, I argue that the social norms around stoicism and restricted emotional expression are masculine-coded forms of emotional labor, and that they are potentially prosocial. Responding to structural and interpersonal asymmetries of emotional labor could well involve supplementing or better cultivating this aspect of male socialization rather than discarding it. (shrink)

Recently several philosophers have argued that racial, gender, and other social generic generalizations should be avoided given their propensity to promote essentialist thinking, obscure the social nature of categories, and contribute to oppression. Here I argue that a general prohibition against social generics goes too far. Given that the truth of many generics require regularities or systematic rather than mere accidental correlations, they are our best means for describing structural forms of violence and discrimination. Moreover, their accuracy, their persistence in (...) the face of counterexamples, and features of the contemporary socio-political context make generics useful linguistic tools in social justice projects. (shrink)

If someone says, “You’ve stereotyped me,” we hear the statement as an accusation. One way to interpret the accusation is as follows: you haven’t seen or treated me as an individual. In this essay, I interpret and evaluate a theory of wrongful stereotyping inspired by this thought, which I call the failure-to-individualize theory of wrongful stereotyping. According to this theory, stereotyping is wrong if and only if it involves failing to treat persons as individuals. I argue that the theory—however one (...) interprets it—is inadequate. Either the theory will not reliably identify all cases of wrongful stereotyping or it will fail to adequately explain why they are wrong. I conclude that it does not follow that we must entirely jettison the objection that stereotyping fails to treat persons as individuals. What follows is only that the objection must play a more circumscribed role in a theory of when and why stereotyping is wrong. (shrink)

We care not only about how people treat us, but also what they believe of us. If I believe that you’re a bad tipper given your race, I’ve wronged you. But, what if you are a bad tipper? It is commonly argued that the way racist beliefs wrong is that the racist believer either misrepresents reality, organizes facts in a misleading way that distorts the truth, or engages in fallacious reasoning. In this paper, I present a case that challenges this (...) orthodoxy: the case of the supposedly rational racist. We live in a world that has been, and continues to be, structured by racist attitudes and institutions. As a result, the evidence might be stacked in favour of racist beliefs. But, if there are racist beliefs that reflect reality and are rationally justified, what could be wrong with them? Moreover, how do I wrong you by believing what I epistemically ought believe given the evidence? To address this challenge, we must recognize that there are not only epistemic norms governing belief, but moral ones as well. This view, however, is at odds with the assumption that moral obligation requires a kind of voluntary control that we lack with regard to our beliefs. This background assumption motivates many philosophers to try to explain away the appearance that beliefs can wrong by locating the wrong elsewhere, e.g., in an agent’s actions. Further, even accounts that accept the thesis that racist beliefs can wrong restrict the class of beliefs that wrong to beliefs that are either false or the result of hot irrationality, e.g., the racist belief is a result of ill-will. In this paper I argue that although the these accounts will capture many of the wrongs associated with racist beliefs, they will be only partial explanations because they cannot explain the wrong committed by the supposedly rational racist. The challenge posed by the supposedly rational racist concerns our epistemic practices in a non-ideal world. The world is an unjust place, and there may be many morally objectionable beliefs it justifies. To address this challenge, we must seriously consider the thesis people wrong others in virtue of what they believe about them, and not just in virtue of what they do. (shrink)

I argue that inferences from highly probabilifying racial generalizations are not solely objectionable because acting on such inferences would be problematic, or they violate a moral norm, but because they violate a distinctively epistemic norm. They involve accepting a proposition when, given the costs of a mistake, one is not adequately justified in doing so. First I sketch an account of the nature of adequate justification—practical adequacy with respect to eliminating the ~p possibilities from one’s epistemic statespace. Second, I argue (...) that inferences based on demographic generalizations tend to disproportionately expose group members to the risks associated with mistakenly assuming stereotypical propositions, and so magnify the wrong involved in relying on such inferences without adequate justification. (shrink)

This paper proposes and defends the multifactorial view of stereotyping. According to this view, multiple factors determine whether or not any act of stereotyping increases the chance of an accurate judgment being made about an individual to whom the stereotype is applied. To support this conclusion, various features of acts of stereotyping that can determine the accuracy of stereotyping judgments are identified. The argument challenges two existing views that suggest that it is relatively easy for an act of stereotyping to (...) increase the chance of an accurate judgment being made. In the process, it shows why stereotyping that associates black people more strongly than white people with criminality in the United States cannot be defended, and actions to reduce the stereotyping criticized, on the basis that engaging in this form of stereotyping increases the chance of accurate judgments. As each of these important conclusions is supported by results from empirical psychology, the discussion exemplifies and vindicates the naturalistic approach to epistemology, according to which psychological findings provide an important contribution to understanding the epistemic standing of beliefs. (shrink)

Ducks lay eggs' is a true sentence, and `ducks are female' is a false one. Similarly, `mosquitoes carry the West Nile virus' is obviously true, whereas `mosquitoes don't carry the West Nile virus' is patently false. This is so despite the egg-laying ducks' being a subset of the female ones and despite the number of mosquitoes that don't carry the virus being ninety-nine times the number that do. Puzzling facts such as these have made generic sentences defy adequate semantic treatment. (...) However complex the truth conditions of generics appear to be, though, young children grasp generics more quickly and readily than seemingly simpler quantifiers such as `all' and `some'. I present an account of generics that not only illuminates the strange truth conditions of generics, but also explains how young children find them so comparatively easy to acquire. I then argue that generics give voice to our most cognitively primitive generalizations and that this hypothesis accounts for a variety of facts ranging from acquisition patterns to cross-linguistic data concerning the phonological articulation of operators. I go on to develop an account of the nature of these cognitively fundamental generalizations and argue that this account explains the strange truth-conditional behavior of generics. (shrink)

There are many objections to statistical discrimination in general and racial profiling in particular. One objection appeals to the idea that people have a right to be treated as individuals. Statistical discrimination violates this right because, presumably, it involves treating people simply on the basis of statistical facts about groups to which they belong while ignoring non-statistical evidence about them. While there is something to this objection—there are objectionable ways of treating others that seem aptly described as failing to treat (...) them as individuals—it needs to be articulated carefully. First, most people accept that many forms of statistical discrimination are morally unproblematic, let alone morally justified all things considered. Second, even treating people on the basis of putative non-statistical evidence relies on generalizations. Once we construe treating someone as an individual in a way that respects this fact, it becomes apparent: (1) that statistical discrimination is compatible with treating people as individuals, and (2) that one may fail to treat people as individuals even without engaging in statistical discrimination. Finally, there are situations involving the expression of messages of inclusion where we think it is good, morally speaking, that we are not treated as individuals. (shrink)

Feminist standpoint theory has been marginal to mainstream philosophical analyses of science–indeed, it has been marginal to science studies generally–and it has had an uneasy reception among feminist theorists. Critics of standpoint theory have attributed to it untenable foundationalist assumptions about the social identities that can underpin an epistemically salient standpoint, and implausible claims about the epistemic privilege that should be accorded to those who occupy subdominant social locations. I disentangle what I take to be the promising core of feminist (...) standpoint theory from this conflicted history of debate. I argue that non-foundationalist, non-essentialist arguments can be given (and have been given) for attributing epistemic advantage (rather than privilege) to some social locations and standpoints. They presuppose a situated knowledge thesis, and posit contingent advantage relative to epistemic purpose. I illustrate these claims in terms of the epistemic advantages that accrue to a fictional character, from Neely’s novel Blanche on the Lam, who represents a type of standpoint invoked by diverse advocates of standpoint theory: that of a race, class, and gender disadvantaged “insider-outsider” who has no choice, given her social location, but to negotiate the world of the privileged while at the same time being grounded in a community whose marginal status generates a fundamentally different understanding of how the world works. (shrink)

How can black feminist and women of color feminist theoretical interventions help create frameworks for discerning agentic action in the context of power, oppression, and violence? In this paper, I explore the social dimension of agency and argue that intention is not just authored by the agent as a function of practical reasoning, but is also socially authored through others' discernment and translation of her action. Further, when facilitated by reasoning designed to reinforce and rationalize systems of domination, social authoring (...) systematically distorts the intentions of some agents. Although some theorists have argued that those agents whose intentions are not recognized by others are forced to exercise a diminished agency, I contend that this account obscures agency that is practiced despite or through conditions of oppression. As an alternative, I propose that feminist of color theory that examines the structural and existential erasures of women of color maps a conceptual space to help us better discern agentic action that is practiced by those subjects whose acts are defined away from them. (shrink)

In this collection of previously published essays, Sally Haslanger draws on insights from feminist and critical race theory and on the resources of contemporary analytic philosophy to develop the idea that gender and race are positions ...

There are currently two robust traditions in philosophy dealing with doxastic attitudes: the tradition that is concerned primarily with all-or-nothing belief, and the tradition that is concerned primarily with degree of belief or credence. This paper concerns the relationship between belief and credence for a rational agent, and is directed at those who may have hoped that the notion of belief can either be reduced to credence or eliminated altogether when characterizing the norms governing ideally rational agents. It presents a (...) puzzle which lends support to two theses. First, that there is no formal reduction of a rational agent’s beliefs to her credences, because belief and credence are each responsive to different features of a body of evidence. Second, that if our traditional understanding of our practices of holding each other responsible is correct, then belief has a distinctive role to play, even for ideally rational agents, that cannot be played by credence. The question of which avenues remain for the credence-only theorist is considered. (shrink)

Too often, identifying practices of silencing is a seemingly impossible exercise. Here I claim that attempting to give a conceptual reading of the epistemic violence present when silencing occurs can help distinguish the different ways members of oppressed groups are silenced with respect to testimony. I offer an account of epistemic violence as the failure, owing to pernicious ignorance, of hearers to meet the vulnerabilities of speakers in linguistic exchanges. Ultimately, I illustrate that by focusing on the ways in which (...) hearers fail to meet speaker dependency in a linguistic exchange, efforts can be made to demarcate the different types of silencing people face when attempting to testify from oppressed positions in society. (shrink)

There has been a great deal of philosophical analysis supporting the position that race is semantically empty, ontologically bankrupt and scientifically meaningless. The conclusion often reached is that race is a social construction. While this position is certainly accepted by the majority of philosophers working within the area of critical race theory, the existentially lived and socially embodied impact of `race' is often left either unexplored or under-theorized. In this article, I provide a philosophical analysis of how `race' operates at (...) the level of the embodied within the context of the quotidian, and how the recognition of instances of racism is grounded within an epistemological community. I demonstrate that race as lived is a powerful experience that emerges within an interstitial space of enduring myths and habituated bodily postures. My elevator example demonstrates that, as a lived reality, race is insidious and negatively impacts the integrity of, in this example, the black body and the white body. The black body is shown to undergo a process of `confiscation' through the phenomenon of the white gaze, which is a form of learned embodied seeing, while the white body elides any responsibility for holding the black body captive. The white gaze is theorized as a cultural achievement, which is productive of a form of ignorance. Instances of anti-racism, then, are not restricted to mere cognitive shifts in one's perspective, but must involve performing the body's racialized interactions with the world differently. (shrink)

This article explores a long-running debate in evidence theory about the significance of certain puzzling cases where there is reluctance to ascribe liability despite a high probability of liability. It focuses on certain analyses of these puzzles, distinguishing between inferential, moral, and knowledge-based analyses. The article emphasizes the richness and complexity of the puzzle cases and suggests why they are difficult to resolve.

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

This paper proposes a distinctive kind of agency that can vindicate the agency of members of marginalised groups while accommodating the autonomy-undermining influences of oppression. Socially-embedded agency—the locus of which is in the exercise of our ability to negotiate between different social features—is compatible with, and can explain, various phenomena, including double-consciousness and white fragility. Moreover, although socially-embedded agency is neither necessary nor sufficient for autonomy, exercising it is practically necessary for autonomy, at least for members of marginalised groups in (...) our non-ideal world. (shrink)