Nick Clanchy

I draw on work in social epistemology, feminist philosophy, trans philosophy, queer theory, and ethics to rethink what hermeneutical injustices are, who suffers them, and what can be done to prevent them. I identify several problems with Miranda Fricker’s original account of what hermeneutical injustices are and how they arise, and argue for a number of revisions and clarifications in order to solve these problems. One upshot of these revisions is that more people suffer hermeneutical injustices than Fricker’s account acknowledges. I then outline a novel, more materialist sort of strategy for preventing hermeneutical injustices, and argue that the provision of gender-affirming healthcare is one context in which such a strategy ought to be pursued. Finally, I criticize the hermeneutical injustice literature for what I call its implicit commitment to transparency politics. By this I mean its implicit commitment to the view that when it comes to the hermeneutical dimension of people’s lives, the satisfaction of their interests in things about themselves being intelligible is all that matters. I argue that this view is mistaken, not least because it ignores the existence of two other important sorts of distinctly hermeneutical interest.

Previously proposed strategies for tackling hermeneutical injustices take for granted the interests people have in certain things about them being intelligible to them and/or to others, and seek to enable them to satisfy these interests. Strategies of this sort I call interests-as-given strategies. I propose that some hermeneutical injustices can instead be tackled by doing away with certain of these interests, and so with the possibility of their unfair non-satisfaction. Strategies of this sort I call interests-in-question strategies. As a case study in when such an interests-in-question strategy ought to be pursued, I look at how to tackle hermeneutical injustices arising in the context of gender-affirming healthcare as provided to adults by the National Health Service in the UK. I argue that considerations of trust, privacy, and respect all support pursuing such a strategy. One way to do so, I suggest, would be by replacing the existing gatekeeping model with an informed consent model for the provision of gender-affirming healthcare. Considerations of hermeneutical justice can hence be added to the already-impressive case for undertaking this shift.

According to Miranda Fricker, being hindered from rendering something significant about oneself intelligible to someone constitutes a hermeneutical injustice only if it results from the hermeneutical marginalization of some group to which one belongs. A major problem for Fricker’s picture is that it cannot properly account for the paradigm case of hermeneutical injustice Fricker herself takes from Ian McEwan’s novel Enduring Love. In order to account properly for this case, I argue that being hindered from rendering something significant about oneself intelligible to someone can constitute a hermeneutical injustice so long as it results from the hermeneutical marginalization of some group - whether or not one belongs to that group. One upshot is that Fricker’s distinction between systematic and incidental cases of hermeneutical injustice needs redrawing, and I show how this can be done. Another is that hermeneutical injustice is more widespread than Fricker recognizes.