Social construction is involved in various forms of injustice that have been in focus in recent years, such as testimonial and discursive injustice. There is also injustice that is distinctly metaphysical and involves acting and being, and recent work has identified various forms of it, including categorical injustice, ontic injustice and ontological oppression. Less attention has been paid to cases that fall betwixt and between, to the unintelligible and interstitial. In this paper, I discuss (...) how conferralism can account for certain types of interstitial injustice. (shrink)

This paper argues that vice-charging, the practice of charging other persons with epistemic vice, can itself be epistemically vicious. It identifies some potential vices of vice-charging and identifies knowledge of other people as a type of knowledge that is obstructed by epistemically vicious attributions of epistemic vice. The hazards of vice-charging are illustrated by reference to the accusation that parents who hesitate to give their children the MMR triple vaccine are guilty of gullibility and dogmatism. Ethnographic and sociological research is (...) used to make the case that this charge is, in a significant range of cases, epistemically unjust and hinders attempts to make sense of vaccine hesitancy. This epistemic injustice consists in the representation of vaccine hesitant parents as less than full epistemic agents. A case is made for a more tolerant and inclusive approach, not only to vaccine hesitancy but also to other forms of unorthodoxy or non-compliance. The primary objective in these cases should be to achieve Verstehen of seemingly alien outlooks and practices so that policy makers and practitioners in public services can more effectively educate a sceptical public about the risks of vaccine hesitancy. (shrink)

In this paper, I characterize a new kind of testimonial injustice, a phenomenon I call ‘testimonial void’, which involves a substantial extension of the limits of the original concept put...

Leading paradigms of clinical ethics consultation closely follow a biomedical model of care. In this paper, we present a theoretical reflection on the underlying biomedical model of disease, how it shaped clinical practices and patterns of ethical deliberation within these practices, and the repercussions it has on clinical ethics consultations for patients with chronic illness. We contend that this model, despite its important contribution to capturing the ethical issues of day-to-day clinical ethics deliberation, might not be sufficient for patients presenting (...) with chronic illnesses and navigating as “lay experts” of their medical condition(s) through the health care system. Not fully considering the sources of personal knowledge and expertise may lead to epistemic injustice within an ethical deliberation logic narrowly relying on a biomedical model of disease. In caring “for” and collaboratively “with” this patient population, we answer the threat of epistemic injustice with epistemic modesty and humility. We will propose ideas about how clinical ethics could contribute to an expansion of the biomedical model of care, so that important aspects of chronic illness experience would flow into clinical-ethical decision-making. (shrink)

The significance of critical phenomenology for psychiatric praxis has yet to be expounded. In this paper, I argue that the adoption of a critical phenomenological stance can remedy localised instances of hermeneutical injustice, which may arise in the encounter between clinicians and patients with psychosis. In this context, what is communicated is often deemed to lack meaning or to be difficult to understand. While a degree of un-shareability is inherent to subjective life, I argue that issues of unintelligibility can (...) be addressed by shifting from individualistic conceptions of understanding to an interactionist view. This takes into account the contextual, historical and relational background within which meaning is co-constituted. I conclude by providing a corrective for hermeneutical injustice, which entails a specific attentiveness towards the person’s subjectivity, a careful sensitivity to contingent meaning-generating structures, and a degree of hermeneutical flexibility as an attitude of openness towards alternative horizons of possibility. (shrink)

Many countries currently invest in technologies and data infrastructures to foster precision medicine (PM), which is hoped to better tailor disease treatment and prevention to individual patients. But who can expect to benefit from PM? The answer depends not only on scientific developments but also on the willingness to address the problem of structural injustice. One important step is to confront the problem of underrepresentation of certain populations in PM cohorts via improved research inclusivity. Yet, we argue that the (...) perspective needs to be broadened because the (in)equitable effects of PM are also strongly contingent on wider structural factors and prioritization of healthcare strategies and resources. When (and before) implementing PM, it is crucial to attend to how the organisation of healthcare systems influences who will benefit, as well as whether PM may present challenges for a solidaristic sharing of costs and risks. We discuss these issues through a comparative lens of healthcare models and PM-initiatives in the United States, Austria, and Denmark. The analysis draws attention to how PM hinges on—and simultaneously affects—access to healthcare services, public trust in data handling, and prioritization of healthcare resources. Finally, we provide suggestions for how to mitigate foreseeable negative effects. (shrink)

It is common to focus on the duties of the wrongdoer in cases that involve injustice. Presumably, the wrongdoer owes her victim an apology for having wronged her and perhaps compensation for having harmed her. But, these are not the only duties that may arise. Are other beneficiaries of an injustice permitted to retain the fruits of the injustice? If not, who becomes entitled to those funds? In recent years, the Connection Account has emerged as an influential (...) account that purports to explain cases such as Embezzlement. This account holds that benefiting from injustice can give rise to a corrective duty - that is, a duty of compensation - owed specifically to the victim of the injustice from which the recipient benefits. This duty is grounded in the connection between the victim and the beneficiary of a given injustice. This paper has two aims. First, I show that we must reject the Connection Account on the grounds that it risks failing correctly to identify those who become entitled to the fruits of injustice. I achieve this by developing and defending the fairness objection. Second, I offer an alternative account: the Moral Taintedness Account. This account states that, when identifying who is entitled to the fruits of injustice, the cause and the degree of the harm suffered by a victim are both relevant considerations, though it does not matter whether the victim is the victim of the injustice that gave rise to the fruits in question. This account avoids the problem associated with the Connection Account, and yields intuitive conclusions in an important range of test cases. (shrink)

The contrast between third- and first-personal accounts of the experiences of autistic persons has much to teach us about epistemic injustice and epistemic agency. This paper argues that bringing about greater epistemic justice for autistic people requires developing a relational account of epistemic agency. We begin by systematically identifying the many types of epistemic injustice autistic people face, specifically with regard to general assumptions regarding autistic people’s sociability or lack thereof, and by locating the source of these epistemic (...) injustices in neuronormativity and neurotypical ignorance. We then argue that this systematic identification pushes us to construe epistemic agency as resulting from a fundamentally relational and dynamic process between an individual, others around them, and their social, cultural, or institutional environment, rather than as a fixed and inherent property of individuals. Finally, we show how our relational account of epistemic agency allows us to introduce the novel concepts of epistemic disablement and epistemic enablement. We argue that these two concepts allow us to more accurately track the mechanisms that undermine or facilitate epistemic agency, and thereby to better understand how epistemic injustice arises and to design more effective interventions to foster greater epistemic justice for autistic people. (shrink)

The concept of solidarity has recently come to prominence in the healthcare literature, addressing the motivation for taking seriously the shared vulnerabilities and medical needs of compatriots and for acting to help them meet these needs. In a recent book, Prainsack and Buyx take solidarity as a commitment to bear costs to assist others regarded as similar, with implications for governing health databases, personalized medicine, and organ donation. More broadly, solidarity has been understood normatively to call for ‘standing with’ or (...) assisting fellow community members and possibly also distant others in regard to their needs, whether for its own sake or in order to realize the demands of justice. I argue here that the understanding of solidarity in the existing bioethics literature is unduly restricted by not sufficiently theorizing the notion of structural (or systemic) injustice and its import for understanding solidarity. Extending traditional conceptions of labor and social movement solidarity, I contrast unitary solidarity within a given group with ‘networking solidarities’ across groups. I analyze the meaning of structural injustice and its significance for solidarity, including countering institutionally entrenched inequalities and economic exploitation. I then apply this broadened conception to healthcare, discussing structural problems with the U.S. insurance system and the solidarity movements addressing its deficiencies. I analyze some natural disasters and global health challenges that were aggravated by structural injustices, along with the solidarity movements they engendered. Finally, I revisit the questions of governing health databases and of personalized medicine with the enlarged conception of solidarity in view. (shrink)

While there is a steadily growing literature on epistemic injustice in healthcare, there are few discussions of the role that biomedical technologies play in harming patients in their capacity as knowers. Through an analysis of newborn and pediatric genetic and genomic sequencing technologies (GSTs), I argue that biomedical technologies can lead to epistemic injustice through two primary pathways: epistemic capture and value partitioning. I close by discussing the larger ethical and political context of critical analyses of GSTs and (...) their broader implications for just and equitable healthcare delivery. (shrink)

This paper discusses the pluralist theory of reparations for historical injustice offered by Daniel Butt (Ethical Theory and Moral Practice 24(5):1161–75, 2021). Butt attempts to vindicate purely past-regarding corrective duties in response to Alasia Nuti’s historical-structural model of reparations. I agree with Butt that reparative justice requires both past-regarding and future-looking structural duties. And I agree with him that Nuti’s model leaves out purely past-regarding duties. I argue, however, that Butt does not offer a genuinely pluralist account. I present (...) minimal necessary conditions for past-regarding (corrective) justice and demonstrate that the past-regarding duties Butt advocates do not meet these conditions. The past-regarding duties Butt offers collapse into the kinds of distributive (structural) duties from which he attempts to separate them. Yet, I suggest these shortcomings are instructive and sketch a path forward for a genuinely pluralist account of reparations. A genuinely pluralist account must follow this path in order to vindicate the intuitions that motivate both past-regarding duties and the structural injustice model. (shrink)

Fricker‘s Epistemic Injustice discusses the idea of testimonial injustice, specifically, being harmed in one‘s capacity as a knower. Fricker‘s own theory of testimonial injustice emphasizes the role of prejudice. She argues that prejudice is necessary for testimonial injustice and that when hearers use a prejudice to give a deficit to the credibility of speakers hearers intrinsically harm speakers in their capacity as a knower. This paper rethinks the connections between prejudice and testimonial injustice. I argue (...) that many cases of prejudicial credibility deficits do not intrinsically harm speakers. Further, I suggest that prejudice is not necessary for harming speakers. I provide my own proposal on which testimonial injustice occurs when speaker‘s capacity as a giver of knowledge is interfered with in important ways. My proposal does not give prejudice any essential role. (shrink)

Family disputes over the diagnosis of brain death have caused much controversy in the bioethics literature over the conceptual validity of the brain death standard. Given the tenuous status of brain death as death, it is pragmatically fruitful to reframe intractable debates about the metaphysical nature of brain death as metalinguistic disputes about its conceptual deployment. This new framework leaves the metaphysical debate open and brings into focus the social functions that are served by deploying the concept of brain death. (...) In doing so, it highlights the epistemic injustice of medicolegal authorities that force people to uniformly accept brain death as a diagnosis of death based on normative considerations of institutional interests, such as saving hospital resources and organ supplies, rather than empirical evidence of brain death as death, which is insufficient at best and nonexistent at worst. In light of this injustice, I propose the rejection of the uniform standard of brain death in favor of a choice-based system that respects families’ individualized views of death. (shrink)

Low-skilled migrants in wealthy receiving states are routinely subordinated across a range of social contexts. There is a rich philosophical literature on the inferiorizing effects of “crimmigration”—that is, the growing criminalization of unauthorized migrants and the state’s use of uniquely harsh law enforcement methods against them. Yet there is less interest in the existing racialized division of migrant labor. Low-skilled Latino/a/x migrants disproportionately perform “dirty” and “difficult” work that citizens do not wish to perform. Theoretically, this division of labor is (...) compatible with a more permissive immigration system that legally admitted far larger numbers of low-skilled migrants to continue “doing the dirty work.” Indeed, many have assumed the desirability of such a system. Against this, I argue that “crimmigration” and the racialized division of migrant labor cannot be conceptually disentangled. Rather, they are mutually constitutive in reproducing background conditions that constrain the social equality of low-skilled migrants, as well as others perceived to be such. “Crimmigration” has not only excluded migrants, but enabled states to include them on socially unequal terms: as an instrumental and fungible source of cheap labor. Drawing on Alasia Nuti’s valuable observation that “banal” historical mechanisms like stereotypes and social scripts can play a crucial role in maintaining present-day injustice, I show that stereotypes of migrants as workers in low-skilled occupations, as well as the expectation that they continue to take on those jobs, also profoundly undermine immigration justice. (shrink)

The ideas of the South African Black Consciousness Movement developed as an intellectual response to the situation of black South Africans under apartheid. Though influential, Black Consciousness ideas about how the injustice of apartheid was to be conceptualised, and what form resistance to it consequently needed to take, have always awoken controversy. Here I defend the original Black Consciousness theorists, Bantu Steve Biko and Nyameko Barney Pityana, against charges of racial inherentism, espousing a prescriptive conception of black identity, and (...) racism. I argue that, on Biko and Pityana's account, a central aspect of the injustice of South African apartheid was a hermeneutical injustice – at first deliberately perpetrated, but structurally self-reproducing – against the oppressed groups. Thus illuminated, I argue, the ideas of the original Black Consciousness theorists have great plausibility, connect interestingly with contemporary thinking about race and justice, and are of practical relevance today both in South Africa and elsewhere. (shrink)

Secular bioethicists do not speak from a place of distinction, but from within particular culturally, socially, and historically conditioned standpoints. As partisans of moral and ideological agendas, they bring their own biases, prejudices, and worldviews to their roles as ethical consultants, social advocates, and academics, attempting rhetorically to sway others and shift policy to a preferred point of view. Their pronouncements represent just one voice among others, even when delivered with strident rhetoric, in an educated and knowing tone, from within (...) institutional positions of power. This essay argues that, given the hegemony of progressive secular bioethics, traditional Christians routinely face epistemic injustice within medicine. That is, Christian knowledge regarding moral reality is all too often demeaned or dismissed, unless such norms can be translated into and defended within a secular ethos. Given such systemic bias, I argue, Christians also experience significant moral distress: they are fully aware of their moral obligations and what they ought to do, but institutionalized power structures make it nearly impossible to so act. But, Christian physicians are not mere technicians, obliged to provide whatever patients request from the list of legally available treatments. That antireligious critics seek to remove the rights of Christian physicians to limit how they practice medicine, where they do not offer or refer for abortion, euthanasia, physician-assisted suicide, and other inappropriate forms of care, is unjustified and prejudicial, singling out Christians, and other religious groups, for singular treatment. Regardless of what the law requires or institutional policy demands, however, Christians are obliged to submit to God in all things. As a result, they may at times find themselves required to engage in acts of civil disobedience. (shrink)

Current discussions of hermeneutical injustice, I argue, poorly characterise the cognitive state of victims by failing to account for the communicative success that victims have when they describe their experience to other similarly situated persons. I argue that victims, especially when they suffer moral wrongs that are yet unnamed, are able (1) to grasp certain salient aspects of the wrong they experience and (2) to cultivate the ability to identify instances of the wrong in virtue of moral emotions. By (...) moral emotions I mean emotions like indignation that reflect an agent’s ethical commitments and bear on her ethical assessments. Further, I argue that victims can impart their partial understanding of the wrong they suffer to others who are not similarly situated by eliciting moral emotions such as pity that are tied to broad notions of justice and fairness. (shrink)

How Tort Can Address Historical Injustice Recent years have seen an increase in civil litigation of cases of systemic and historical injustice in the Netherlands. Cases regarding war crimes, genocide and other human rights violations in the past and present have reached the Dutch civil courts through tort law. Meanwhile, scholarly disciplines have difficulty understanding the match between tort law and historical injustice cases, distracted by tort’s technicalities and alleged formality. This article provides an interdisciplinary analysis aiming (...) to theoretically clarify the urgency and aspiration put on tort by the slavery justice movement: what potential does tort hold for addressing historical injustice, such as slavery? The article identifies ‘talking points’ between two compatible theories from the sociological and legal disciplines, transformative justice and civil recourse theory, illustrated with cases of systemic and historical injustice. It argues that despite difficulties, tort litigation can be a viable platform to address historical injustices such as colonial slavery. This impact is not dependent on a successful legal outcome: the process can foster agency through process, and participation through inclusion, as core characteristics of remedying historical injustice. (shrink)

The article provides an outline of the basic principles and conditions of criminalisation of interferences with others’ property rights in the context of a specific context: a liberal, social democratic state, the legitimacy of which depends primarily on its impartiality between moral doctrines and the fair distribution of liberties and resources. I begin by giving a brief outline of the conditions of political legitimacy, the place of property and the conditions of criminalisation in such a state. With that framework in (...) place, I argue that interferences with others’ property rights should be viewed as violations of political duties stemming from institutions of distribution. I then discuss three implications of this view: the bearing of social injustice on the criminal law treatment of acts of distributive injustice; the expansion of criminalisation over the violation of distribution-related duties, which are considered criminally irrelevant under moral conceptions of criminalisation; and, finally, the normative significance of the modus operandi. (shrink)

Some lines of poetry rhyme to certain readers and not to others because of how their words are pronounced in different accents. And because the accent in which a person speaks is tied in significant ways to aspects of their social identity (such as their age, race, gender, and class), some poems rhyme in the voices of the privileged and not in the voices of the disadvantaged. This paper argues that appreciators can incur aesthetic harms when they are excluded from (...) participating in aesthetic goods that are more fully available to others, and that these harms can constitute aesthetic injustices when they are part of a wider pattern of socio-economic hardship. Poems that embody objectionable gatekeeping practices can thus perpetuate aesthetic injustice. (shrink)

Expanding Miranda Fricker's (2007) concept of epistemic injustice, recent accounts of agential epistemic injustice (Lackey, 2020; Medina, 2021; Pohlhaus, 2020) have focused on cases in which the epistemic agency of individuals or groups is unfairly blocked, constrained, or subverted. In this article I argue that agential epistemic injustice is perpetrated against marginalized groups not only when their group epistemic agency is excluded, but also when it is included but receives defective uptake that neutralizes their capacity to resist (...) epistemic oppression. I identify two harms that such injustice inflicts on marginalized groups: epistemic disempowerment and critical defanging of resistant epistemic group agency. My analysis shows how the harms of agential epistemic injustice can occur through unfair epistemic exclusions in group dynamics, but also through forms of inclusion in group dynamics that distort or coopt the epistemic agency of the group. Following Emmalon Davis (2018) and her analysis of epistemic appropriation, I argue that the harms of agential epistemic injustice can occur when the resistant epistemic resources of a marginalized group are appropriated in a way that disempowers them and critically defangs their resistant epistemic agency. I use Taylor Rogers’ (2021) analysis of the epistemic appropriation of “#MeToo” and “intersectionality” to show how epistemic disempowerment and critical defanging work in unjust epistemic group dynamics. The article offers a diagnosis of the failures of epistemic responsibility involved in agential epistemic injustice, and some suggestions for resisting those failures and working toward more responsible and just epistemic group dynamics. (shrink)

This article considers the question of the responsibility that present day generations bear as a result of the actions of their ancestors. Is it morally significant that we share a national identity with those responsible for the perpetration of historic injustice? The article argues that we can be guilty of wrongdoing stemming from past wrongdoing if we are members of nations that are responsible for an ongoing failure to fulfil rectificatory duties. This rests upon three claims: that the failure (...) to fulfil rectificatory duties is unjust; that nations can bear collective responsibility for the actions of their leaders; and that nations are comprised of overlapping generations rather than successive generations. The claim that present day parties should apologise for historic injustice is then considered, and it is argued that such an apology is best understood in relation to an ongoing failure to fulfil rectificatory duties. (shrink)

This article examines the relationship between Jeremy Waldron’s supersession thesis and compensation. Recently, Waldron has argued that claims for material compensation for the original injustice cannot be superseded. He limits supersession to issues of restitution. Waldron’s supersession thesis is frequently cited by opponents of claims based on historical injustice, so his view of compensation warrants close examination. In our article, we explain the details of Waldron’s ‘simple model’ of compensation, offer an internal critique of it, and try to (...) sympathetically reconstruct it. We contend that a crucial claim about this model does not work; his model would result in many more backward-looking compensatory claims than he realizes. Waldron’s allowing for material compensation claims from historical injustice is in tension with, or incompatible with, his long-expressed view that the spirit of the supersession thesis is that justice should be forward-looking and look to present-day costs. We have argued elsewhere that the abstract possibility that restitution claims may be superseded due to changing circumstances (what we call the ‘supersession thesis proper’) is separable from the question of whether justice has a forward-looking or backward-looking orientation. We argue here that Waldron’s model of compensation can best be made sense of through our distinction of ‘full supersession’ and ‘partial supersession.’ This allows us to show that Waldron’s model relies on a more strongly backward-looking orientation than he seems to endorse in his earlier works on restitution and his most recent article discussing compensation. We conclude by offering external criticisms of Waldron’s model of compensation. (shrink)

Tommie Shelby argues that social injustice undermines the moral standing states would have, were they just, to condemn criminal wrongdoers. He makes a good argument, but he does not go far enough to reject the blaming function of punishment. Shelby’s argument from “impure dissent,” in particular, helps to demonstrate the limits of blame in criminal justice.

This chapter surveys libertarian thought on the question of “historic injustice,” which is when serious injustice goes unresolved for many years. After some historical discussion of early libertarian writing on the subject, I turn to the contemporary debate surrounding reparations for slavery. After outlining three arguments common among libertarians for reparations, common reasons for skepticism are also discussed. Then, special focus is given to the topic of land theft. In particular, I hone in on what I call the (...) “Poisoning Problem,” or the idea that natural rights approaches to property fail because so much of actually-existing property is founded in conquest. In the conclusion, I highlight two areas where libertarian writing on historic injustice is relatively quiet compared with broader writing on these topics: reparations of a less material sort and transitional injustice. Throughout this chapter, I typically refer to American slavery and land theft, but the discussion is meant to apply much further than those two cases. (shrink)

To formulate a plan of action for bringing about a decisive and reasonably stable end to an injustice, it is helpful to understand the factors and conditions that critically make the difference in causing that injustice. This intuitively seems correct regarding active and ongoing problems. But what precisely is involved in this kind of explanatory endeavor, and what is its role in practical efforts to confront existing wrongs? This paper offers an introduction to etiology of injustice, which (...) is the study and explanation of the operative causation of injustices. Drawing on insights from the philosophy of social transformation, causation, and remedial justice, I sketch a conceptual framework for understanding and undertaking the task of etiology of injustice and outline the contours of the etiological tradition of thought. (shrink)

This essay investigates an underappreciated way in which trust and testimonial injustice are closely connected. Credibility deficit and credibility excess cases both (in their own distinctive ways) contribute to a speaker’s being harmed in her capacity a knower. But moreover, as we will show—by using the tools of a performance-theoretic framework—both credibility deficit and credibility excess cases also feature incompetent trusting on the part of the hearer. That is, credibility deficit and excess cases are shown to manifest qualities of (...) thinkers that are inconducive to trust’s being reliably fulfilled. What this implies is an interesting result about testimonial injustice: to the extent that we want to mitigate against testimonial injustice—one promising way to do so will be to target incompetent trusting of the sort that underlies it. We conclude by outlining and defending what we take to be a promising substantive version of such a mitigation strategy, one which is centred around the cultivation of higher-order trusting competences. (shrink)

This paper explores environmental protection policies and initiatives, such as conservation, through the lens of an orientalist epistemic injustice. This is a form of epistemic injustice that occurs when the orientalizing of space and access to sovereign systems of knowledge causes the assigning of an unjust deflated or elevated level of credibility to a knower. Under this framework of orientalist epistemic injustice, the author criticizes the credibility excess assigned to Western subjects that perform conservation efforts in third-world (...) countries and the related credibility deficit assigned to indigenous and local knowledge and conservation practices. (shrink)

Ecological psychology has maintained that perception is a process in which the action of the subject and the physical features of the environment converge. The opportunities for action (affordances) perceived by a person depend on the interaction between subject and environment. However, perceiving certain affordances can be conditioned by the norms that govern our social practices: the unjust norms related to an unprivileged identity group can limit the set of affordances available for the people of that group.

Should we be concerned with, or alarmed or outraged by, the insincerity and hypocrisy of politicians who apologize for historical injustice? This paper argues that the correct reply to this question is: sometimes, but not always. In order to establish what types of insincerity must be avoided, Judith Shklar?s hierarchy of ordinary vices is critically revisited. Against Shklar?s overly benign account of hypocrisy, the paper then tries to demonstrate that only institutional and harmful forms of hypocrisy must be rejected (...) in political apologies for historical injustice. Employing Melissa Nobles? ?membership theory?, this paper defends the claim that the sincerity standard for political apologies is, in stark contrast to apologies between individuals, agent independent. This means that in political apologies, rather than focusing on the remorse and regret of the agent who apologizes, we must primarily examine the apology?s consequences in terms of renegotiating the legal, political and affective dimensions of citizenship. In domestic affairs, the paper shows that apologies can only be considered sincere if they push the polity towards a more inclusive conception of membership in the political community. (shrink)

This article posits and explores the concept of comedic hermeneutical injustice: a type of hermeneutical injustice that disadvantages members of marginalized groups in the arena of humor-sharing. First I explain the concept of comedic hermeneutical injustice: that agents who are hermeneutically marginalized are less able to successfully participate in the sharing of humor. Then I suggest that, to prove the existence of such an injustice, two things need to be shown: first, that hermeneutically marginalized groups do (...) suffer some disadvantage in how well their attempts at humor are received, and, second, that this disadvantage amounts to a significant harm.In proving the existence of a comedic disadvantage, this article notes that all jokes require some epistemic content to be shared between joke-teller and joke-hearer. Thus, since being hermeneutically marginalized obstructs one from sharing knowledge with proximate speakers, hermeneutical inequalities can lead to inequalities in the sharing of humor. To show that this constitutes a significant disadvantage, the article observes the various ways that sharing humor successfully can serve agents’ social interests. It concludes by noting some idiosyncrasies of comedic hermeneutical injustice, relative to other forms of epistemic injustice, and situating it within the wider framework of humor's general social-ethical influence. (shrink)

In this article we argue that duties towards future generations are situated on the collective level and that they should be understood in terms of collective responsibility for structural injustice. In the context of climate change, it seems self‐evident that our moral duties pertain not only to the current generation but to future generations as well. However, conceptualizing this leads to the non‐identity problem: future persons cannot be harmed by present‐day choices because they would not have existed if other (...) choices had been made. Recently, Charlotte Franziska Unruh has proposed a solution that places the duties not on the individual level but on the collective level. The current generation has a responsibility for future generations as a whole. This solution is promising, but we argue that it problematically overlooks the existence of unjust relations within the contemporary collective, as we all contribute differently to bringing future generations into existence. Therefore, we propose to graft Iris Marion Young's Social Connection Model, which is concerned with structural injustice, on to the discussion of responsibility for future generations. Our proposal incorporates the strengths of Unruh's arguments, while also allowing for a differentiated responsibility based on different implications in unjust structures. (shrink)

It is argued that the true definition of justice in Plato’s Republic appears not in Book IV but in Book I, where it is clear that justice is other-oriented or external rather than internal as per Book IV. Indeed, on Book IV’s definition, there is virtually no difference between justice and moderation. Considered here is a single argument between Socrates and Thrasymachus, in which Socrates contends that imperfect injustice is “stronger” than perfect. Rather than producing a just group, the (...) justice between members of a group strengthens the injustice of a group whose external project is already unjust. (shrink)

If whatever counts as merit for some purpose is unevenly distributed, a decision procedure that accurately sorts people on that basis will “pick up” and reproduce the pre-existing pattern in ways that more random, less merit-tracking procedures would not. This dynamic is an important cause for concern about the use of predictive models to allocate goods and opportunities. In this article, I distinguish two different objections that give voice to that concern in different ways. First, decision procedures may contribute to (...) future social injustice and other social ills by sustaining or aggravating patterns that undermine equality of status and opportunity. Second, the same decision procedures may wrong particular individuals by compounding prior injustices that explain those persons’ predicted or actual characteristics. I argue for the importance of the first idea and raise doubts about the second. In normative assessments and legal regulation of algorithmic decisionmaking, as in our thinking about anti-discrimination norms more broadly, a central concern ought to be the prospect of entrenching harmful and unjust patterns—quite apart from any personal wrong done to the individuals about whom predictions are made. (shrink)

Hermeneutical injustice occurs when there is a gap in the interpretive resources available to members of a society due to the marginalization of members of a social group from sense‐making practices. In this paper, I address two questions about hermeneutical injustice that are undertheorized in the recent literature: (1) what do we mean when we say that someone lacks the interpretive resources for making sense of an experience? and (2) how do marginalized individuals develop interpretive resources? In response (...) to (1), I argue that to lack interpretive resources is to lack conceptual skill or know how. In response to (2), I draw on resources from Gilbert Ryle and Andy Clark and provide a model of how marginalized individuals develop new conceptual skills by naming their shared experience and using it as a tool for scaffolding each other's conceptual performance. At the same time, I draw on the work of Gaile Pohlhaus and Kristie Dotson to show how these practices succeed only through the redistribution of epistemic power across differently situated social groups. (shrink)

This chapter explores the philosophical nature of social injustice in contemporary Ireland. By appealing to four key concepts in contemporary political philosophy, this chapter will expose the tension between Ireland’s strong economy, currently growing faster than any other country in the European Union, and the persistent unacceptable levels of poverty and inequality in all aspects of Irish society. There are three parts to the main thesis advanced in this chapter. First, to defend the political philosophy of egalitarianism from prioritarian (...) critics. Secondly, to refute what is known in the literature as the Levelling-Down Objection to egalitarianism, according to which we ought to prefer a state of affairs where everyone is worse off as long as equality is maintained. Third, to suggest that Levelling-Down should not be seen as something objectionable, but merely as a much-needed correction. In the final part of the chapter, two possible solutions to the problem of inequality and social injustice in Ireland will be put forward: the introduction of a maximum income cap and a radical reassessment of Ireland’s historically entrenched assumption of the right to private property as an absolute right. (shrink)

Governments today often apologize for past injustices and scholars increasingly debate the issue, with many calling for apologies and reparations. Others suggest that what matters are victims of injustice today, not injustices in the past. Spinner-Halev argues that the problem facing some peoples is not just the injustice of the past, but that they still suffer from injustice today. They experience what he calls enduring injustices, and it is likely that these will persist without action to address (...) them. The history of these injustices matters, not as a way to assign responsibility or because we need to remember more, but in order to understand the nature of the injustice and to help us think of possible ways to overcome it. Suggesting that enduring injustices fall outside the framework of liberal theory, Spinner-Halev spells out the implications of arguments for conceptions of liberal justice and progress, reparations, apologies, state legitimacy and post-nationalism. (shrink)

Several recent authors have argued that children are subject to testimonial injustice in the same way as are women, Blacks, and several other social identity groups. Testimonial injustice is standardly conceptualized, following Miranda Fricker’s seminal account, as a wrongful credibility deficit. I argue that this concept of testimonial injustice is too narrow to capture testimonial injustice against children. There is good reason to think that children are less reliable testifiers than adults, so it is not necessarily (...) wrong to assign a credibility deficit to a child speaker, in the way it is wrong in the case of a female or black speaker. However, I argue that children are nevertheless subjected to testimonial injustice. Testimonial injustice against children is constituted primarily by a failure to actively inquire into assertions by children — that is, by a failure to patiently and reflectively engage in discourse with the child to discover what they may know. (shrink)

This chapter examines the ways in which disabled people are subject to epistemic injustice. It starts by introducing how social epistemology models the creation of shared knowledge and then uses feminist epistemology to highlight the role of social and political power in producing epistemic privilege, exclusion, and oppression. The well-known concepts of testimonial and hermeneutic epistemic injustice are discussed in relation to disability, showing how these forms of injustice are frequently experienced within the lives of disabled people. (...) In particular, disabled experience has features that distinguish it from the experiences of sexism and racism most commonly used as illustrations of epistemic injustice. The chapter ends by arguing that the potential for epistemic injustice poses unprecedented risks for disabled people in the current context, which could be minimized by recognizing that ignorance about disabled lives is not inevitable, but something that can and should be challenged. (shrink)

This paper makes the case for amnesty of irregular migrants by reflecting on the conditions under which a wrong that is done in the past can be considered superseded. It explores the relation between historical injustice and irregular migration and suggests that we should hold states to the same stringent standards of compliance with just norms that they apply to the assessment of the moral conduct of individual migrants. It concludes that those standards ought to orient migrants and citizens’ (...) moral assessment of how their states handle questions of irregular migration and to inform political initiatives compatible with these moral assessments. (shrink)

In this article I argue that we should understand some forms of hypocritical behaviour in terms of epistemic injustice; a type of injustice in which a person is wronged in their capacity as a knower. If each of us has an interest in knowing what morality requires of us, this can be undermined when hypocritical behaviour distorts our perception of the moral landscape by misrepresenting the demandingness of putative moral obligations. This suggests that a complete theory of the (...) wrongness of hypocrisy must account for hypocrisy as epistemic injustice. (shrink)

This volumes argues that it is essential for political theorists to think carefully about the political circumstances of indigenous groups facing persistent injustice, and about the political methods that these groups may adopt in seeking to improve their condition, particularly focusing on indigenous communitities in the US and Canada.

I use the concept of epistemic injustice to think through the practice and methodology of comparative, or “fusion,” philosophy. I make two related claims: 1) the philosophical ethnocentrism displayed by academic departments in the U.S. is a case of epistemic injustice, primarily willful ignorance, that ought to be rectified; 2) the corrective to this problem, namely, fusion philosophy, is itself epistemically problematic in its tendency toward ontological expansiveness, that is, an unjustified claim to all traditions as one’s own. (...) In the end, I hope to show how a robust practice of self-reflexivity can counter this potentially colonizing tendency of fusion philosophizing. (shrink)