How is the burden of proof to be distributed among individuals who are involved in resolving a particular issue? Under what conditions should the burden of proof be distributed unevenly? We distinguish attitudinal from dialectical burdens and argue that these questions should be answered differently, depending on which is in play. One has an attitudinal burden with respect to some proposition when one is required to possess sufficient evidence for it. One has a dialectical burden with respect to some proposition when one is required to provide supporting arguments for it as part of a deliberative process. We show that the attitudinal burden with respect to certain propositions is unevenly distributed in some deliberative contexts, but in all of these contexts, establishing the degree of support for the proposition is merely a means to some other deliberative end, such as action guidance, or persuasion. By contrast, uneven distributions of the dialectical burden regularly further the aims of deliberation, even in contexts where the quest for truth is the sole deliberative aim, rather than merely a means to some different deliberative end. We argue that our distinction between these two burdens resolves puzzles about unevenness that have been raised in the literature.
One challenge in providing an adequate definition of physical disability is unifying the heterogeneous bodily conditions that count as disabilities. We examine recent proposals by Elizabeth Barnes [2016], and Dana Howard and Sean Aas [2018], and show how this debate has reached an impasse. Barnes' account struggles to deliver principled unification of the category of disability, whilst Howard and Aas' account risks inappropriately sidelining the body. We argue that this impasse can be broken using a novel concept: marginalised functioning. Marginalised functioning concerns the relationship between a person's bodily capacities and their social world: specifically, their ability to function in line with the default norms about how people can typically physically function that influence the structuring of social space. We argue that attending to marginalised functioning allows us to develop, not one, but three different models of disability, all of which-whilst having different strengths and weaknesses-unify the category of disability without sidelining the body.
Some people of colour feel shame in response to racist incidents. This phenomenon seems puzzling since, plausibly, they have nothing to feel shame about. This puzzle arises because we assume that targets of racism feel shame about their race. However, I propose that when an individual is racialised as non-White in a racist incident, shame is sometimes prompted, not by a negative self-assessment of her race, but by her inability to choose when her stigmatised race is made salient. I argue that this can make sense of some shame responses to racism. My account also helps to highlight some of the emotional and cognitive costs of racism that have their root in shame as well as a new form of hermeneutical injustice and distinctive communicative harms, contributing to a fuller picture of what is objectionable about racism.
This chapter proposes a distinctive kind of agency that can vindicate the agency of members of marginalized 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 to achieve autonomy, at least for members of marginalized groups in our non-ideal world. This means that we can also explain why many have thought that there was a tension between autonomy-eroding effects of oppression and the call for respecting the agency of those who are oppressed.
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