Editorial of dossier “Epistemic Injustice in Criminal Procedure”
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Redalyc
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| Formato: | Artículo científico |
| Lenguaje: | en |
| Publicado: |
Instituto Brasileiro de Direito Processual Penal
2023
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| _version_ | 1876486360852856832 |
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| author | Andrés Páez |
| author_facet | Andrés Páez |
| contents | Editorial of dossier “Epistemic Injustice in Criminal Procedure” Andrés Páez Janaina Matida Derecho identity prejudice judicial partiality Testimonial injustice racial discrimination sexual discrimination There is a growing awareness that there are many subtle forms of exclusion and partiality that affect the correct workings of a judicial system. The concept of epistemic injustice, introduced by the philosopher Miranda Fricker, is a useful conceptual tool to understand forms of judicial partiality that often go undetected. In this paper, we present Fricker’s original theory and some of the applications of the concept of epistemic injustice in legal processes. In particular, we want to show that the seed planted by Fricker has flourished into a rich field of study in which the concept is used to analyze many different phenomena in law, not always following the original characterization provided by her. This has led to a distinction between what we will call the narrow version of the concept, which is closer to Fricker’s original account, and the wider version of epistemic injustice, which is a more controversial notion because it is always on the verge of morphing into other well-known concepts like sexism, racial discrimination, oppression, silencing, and gaslighting. We will show that the value of the narrow version is mostly theoretical, and that in order to use the concept of epistemic injustice one must adopt a more liberal understanding of it. 2023 editorial 2525-510X https://www.redalyc.org/articulo.oa?id=673981992001 https://www.redalyc.org/journal/6739/673981992001/ https://www.redalyc.org/journal/6739/673981992001/html/ https://www.redalyc.org/journal/6739/673981992001/673981992001.epub https://www.redalyc.org/journal/6739/673981992001/movil 10.22197/rbdpp.v9i1.821 en http://www.redalyc.org/revista.oa?id=6739 Revista Brasileira de Direito Processual Penal application/pdf Instituto Brasileiro de Direito Processual Penal Revista Brasileira de Direito Processual Penal (Brasil) Num.1 Vol.9 |
| format | Artículo científico |
| id | redalyc_673981992001 |
| institution | Redalyc |
| language | en |
| publishDate | 2023 |
| publisher | Instituto Brasileiro de Direito Processual Penal |
| spellingShingle | Editorial of dossier “Epistemic Injustice in Criminal Procedure” Andrés Páez Derecho identity prejudice judicial partiality Testimonial injustice racial discrimination sexual discrimination Editorial of dossier “Epistemic Injustice in Criminal Procedure” Andrés Páez Janaina Matida Derecho identity prejudice judicial partiality Testimonial injustice racial discrimination sexual discrimination There is a growing awareness that there are many subtle forms of exclusion and partiality that affect the correct workings of a judicial system. The concept of epistemic injustice, introduced by the philosopher Miranda Fricker, is a useful conceptual tool to understand forms of judicial partiality that often go undetected. In this paper, we present Fricker’s original theory and some of the applications of the concept of epistemic injustice in legal processes. In particular, we want to show that the seed planted by Fricker has flourished into a rich field of study in which the concept is used to analyze many different phenomena in law, not always following the original characterization provided by her. This has led to a distinction between what we will call the narrow version of the concept, which is closer to Fricker’s original account, and the wider version of epistemic injustice, which is a more controversial notion because it is always on the verge of morphing into other well-known concepts like sexism, racial discrimination, oppression, silencing, and gaslighting. We will show that the value of the narrow version is mostly theoretical, and that in order to use the concept of epistemic injustice one must adopt a more liberal understanding of it. 2023 editorial 2525-510X https://www.redalyc.org/articulo.oa?id=673981992001 https://www.redalyc.org/journal/6739/673981992001/ https://www.redalyc.org/journal/6739/673981992001/html/ https://www.redalyc.org/journal/6739/673981992001/673981992001.epub https://www.redalyc.org/journal/6739/673981992001/movil 10.22197/rbdpp.v9i1.821 en http://www.redalyc.org/revista.oa?id=6739 Revista Brasileira de Direito Processual Penal application/pdf Instituto Brasileiro de Direito Processual Penal Revista Brasileira de Direito Processual Penal (Brasil) Num.1 Vol.9 |
| title | Editorial of dossier “Epistemic Injustice in Criminal Procedure” |
| topic | Derecho identity prejudice judicial partiality Testimonial injustice racial discrimination sexual discrimination |
| url | https://www.redalyc.org/articulo.oa?id=673981992001 https://www.redalyc.org/journal/6739/673981992001/ https://www.redalyc.org/journal/6739/673981992001/html/ https://www.redalyc.org/journal/6739/673981992001/673981992001.epub https://www.redalyc.org/journal/6739/673981992001/movil |