Knowing your past: Trauma, stress, and mnemonic epistemic injustice

IF 1.1 3区 哲学 Q3 ETHICS
Katherine Puddifoot, Clara Sandelind
{"title":"Knowing your past: Trauma, stress, and mnemonic epistemic injustice","authors":"Katherine Puddifoot,&nbsp;Clara Sandelind","doi":"10.1111/josp.12557","DOIUrl":null,"url":null,"abstract":"<p>There is strong psychological evidence suggesting that sometimes social and institutional structures cause people to experience, or exacerbate existing, trauma and severe stress. Evidence further suggests that trauma and stress can lead autobiographical memories to become disorganized and distorted. In this way, social and institutional structures can cause significant harm by denying some individuals access to a specific kind of knowledge; knowledge about their personal past. When people are being denied access to this kind of knowledge, their objective, basic interests in good epistemic agency, capacity for autonomy, and general well-being, are curtailed. In this paper, we argue that these memory distortions therefore constitute a distinctive form of <i>mnemonic</i> epistemic injustice: some people are unjustly disadvantaged as epistemic agents by being avoidably and foreseeably denied access to epistemic goods required to support their objective interests, due to social and institutional structures that cause some of their memories to become distorted or disorganized.<sup>1</sup> They are denied something that they are entitled to, that is, freedom from the imposition of stress and trauma that brings epistemic costs and other damage to their objective needs.</p><p>Moreover, this injustice can be further compounded in cases where trauma and stress make it harder for an individual to be believed because their testimony contains untruths due to memory errors. Memories that are distorted and disorganized often exist alongside core memories about important events that are accurate. When it is assumed that certain core aspects of a person's account of their own experiences are false there can be an additional epistemic injustice that compounds the initial injustice of having one's memories distorted. The compound epistemic injustice that we describe can be experienced by people who are speaking untruths (due to memory errors), <i>as a response</i> to the untruths that they are speaking. It can even happen in cases where the hearer <i>responds reasonably</i> to the untruths of the speaker when denying their account credibility. These compound epistemic injustices therefore differ significantly from standard cases of testimonial injustice where a person has their testimony dismissed as lacking credibility when there is little or no good reason to believe that they are speaking untruths (Fricker, <span>2007</span>). The compound injustices that we describe are interesting because they can be jointly caused by two or more different unjust features of social and institutional structures, that is, those features that cause the memory distortions and those that lead the memory errors to be misinterpreted. They show how different features of social and institutional structures can conspire to make it especially difficult for marginalized individuals to be believed.</p><p>We illustrate these points via the case study of asylum seekers in the United Kingdom. Asylum seekers experience high levels of trauma and stress relative to the general population not only because of events that they have often experienced in their country of origin, but also because of hardships that they encounter in the process of seeking refuge and claiming asylum. The heightened vulnerability to undergoing memory distortion and disorganization is the avoidable and foreseeable consequence of deliberate policies, such as, for example, those aiming at deterring asylum seekers from entering the UK. Moreover, this initial injustice can be compounded when asylum seekers must articulate their need for protection in the asylum process.</p><p>The paper makes a significant contribution to the literature on epistemic injustice by explaining how social and institutional structures can cause serious epistemic harms and wrongdoing by negatively impacting an individual's memory. The paper also shows how this epistemic injustice can be compounded when an individual provides testimony that contains falsities, even in cases where the hearer responds reasonably to the falsities—introducing the notion of a compounding epistemic injustice. At the same time, it highlights a significant aspect of the plight of asylum seekers.</p><p>In Section 2, we begin by showing how social and institutional structures can lead people to experience memory distortions, with specific attention paid to the UK asylum system. Next, in Section 3, we argue that these memory distortions are cases of epistemic injustice. We then proceed in Section 4 to show how these initial injustices can be compounded when individuals are required to provide an account of their needs. Finally, in the conclusion, we highlight implications of this discussion for how epistemic injustice in general should be conceived.</p><p>Let us begin, then, by considering evidence suggesting that social and institutional structures can lead people to experience memory distortions. We will begin as we intend to go on, by considering the experiences of asylum seekers as exemplars of this broader social phenomenon.</p><p>Now that we have reason for thinking that social and institutional structures like the asylum system can cause memory disorganization and distortion, let us consider how this can constitute epistemic injustice. Epistemic injustice occurs when a person is wrongfully harmed in their capacity as an epistemic agent (Fricker, <span>2007</span>). An epistemic harm can be wrongful for a number of reasons (Fibieger Byskow, <span>2020</span>). One distinctive class of wrongs is when an agent is “ingenuously downgraded and/or disadvantaged in respect of their status as an epistemic subject” (Fricker, <span>2017</span>: 53). This is sometimes referred to as discriminatory epistemic injustice (Fibieger Byskow, <span>2020</span>; Fricker, <span>2017</span>). Our claim is that in cases where people undergo stress and trauma due to social and institutional structures in ways that negatively impact their ability to remember the past, they are disadvantaged with respect to their status as an epistemic subject because of the epistemic harms that they experience. They are disadvantaged with respect to their ability to remember aspects of their past in ways that can be crucial to supporting further non-epistemic objective needs. In the process, they are denied something to which they are entitled: freedom from the avoidable imposition of trauma and severe stress that distorts their memory and prevents them from achieving objective needs like capacity for autonomy and well-being. This, we argue, is a mnemonic epistemic injustice. While no one is entitled to accurate memories of their personal past, people are entitled to not have our memories knowingly distorted, given the serious harms this can cause. In addition, we also suggest that there are similarities between the phenomena found in our memory cases and distributive epistemic injustice when institutional and social structures create inequalities in opportunities to access autobiographical memories.</p><p>In Section 3, we have argued that when people experience memory distortion and disorganization due to trauma that results from social and institutional structures, this constitutes epistemic injustice. The goal of the current section is to show how this injustice can be compounded when individuals are required to provide an account of their needs.</p><p>The first thing that is crucial to note is that where people undergo trauma and stress, the memory distortions that they experience tend to be localized. As we saw in Section 2, under conditions of trauma and stress, memories can present differently from standard autobiographical memory. People may experience memories that are disorganized, where specific events become disjointed from their context and contextual information (e.g., about what happened immediately before or afterward) can become confused (Ehlers &amp; Clark, <span>2000</span>; Sachschal et al., <span>2019</span>), and this can have a significant impact on their epistemic agency, autonomy, and well-being. Nonetheless, people who have experienced trauma tend to be able to vividly and accurately remember the <i>core</i> aspects of traumatic events (Herlihy et al., <span>2012</span>; McNally, <span>2005</span>). The localized nature of the memory distortions means that it will often be a mistake to generalize from observations of memory disorganization that occurs due to experiences of trauma and stress to the conclusion that the person who is displaying the memory errors is unable to provide an accurate account of core aspects of traumatic experiences that evidence their need for help or protection. Take, for example, an asylum seeker who has experienced traumatic events that led them to flee. They may provide an account of their traumatic experiences which is in some ways disorganized, and may contain some contextual errors, but they are unlikely to misremember the nature of the threat that led them to seek asylum, or its severity. These will be core details about their past, so likely to be remembered accurately and vividly.</p><p>What this suggests is that where people who have undergone trauma provide testimony, for example, about past experiences that evidence their need for future help or protection, it is likely that some details of their accounts—including core details of the most important events that are remembered—will be dismissed although they are true. Those responding in this way to evidence of errors in memory would be acting in a way fitting with psychological findings suggesting that people respond to evidence of even minor or peripheral errors present in testimony by discounting the whole of the testimony (Borckardt et al., <span>2003</span>). In the case of asylum seekers, when they are required to provide an account of their past experiences to evidence their need for asylum, core details of their account of their need for protection may be distrusted although they are true. There is empirical evidence demonstrating precisely this effect: that is, that asylum seekers are treated as generally lacking credibility on the basis of even minor or peripheral factual errors. Often they are treated as lacking credibility because there are inconsistencies in their stories, but untrue claims can also lead them to be dismissed as lacking credibility (Amnesty International, <span>2013</span>; Asylum Aid, <span>2011</span>). In a report to the Home Office, the UNHCR (<span>2006</span>) noted that it had “observed a large number of cases where one statement deemed by the case worker to be untrue […] is relied upon to dismiss the credibility of the entire claim” (UNHCR, <span>2006</span>: 9).</p><p>To capture this type of situation, we borrow the term “credibility deficit” from Fricker's (<span>2007</span>) account of testimonial injustice. Fricker describes how prejudice on the part of a hearer can lead a speaker to be given less credibility than they deserve when they are attempting to convey knowledge. Fricker says, and we agree, that credibility deficits can occur where a person displays signs that may under other circumstances indicate a lack of credibility. In the types of case that we are concerned with here people suffer credibility deficits in relation to specific parts of their testimony—those core aspects of their testimony demonstrating their need for help and protection that are true—because of evidence of errors in other aspects of their memory (see Puddifoot, <span>2020</span>, <span>2021a</span> for examples of a similar effect in people who have not experienced trauma).</p><p>At this point we have argued that individuals who have undergone trauma and stress due to social and institutional structures sometimes experience mnemonic epistemic injustice. We have argued that where people undergo memory distortion and disorganization due to trauma or stress, but they can nonetheless provide an accurate account of core details of their experiences, those core details can be given less credibility than they deserve—a credibility deficit can occur. Now we aim to show that the initial epistemic injustices are compounded by a later epistemic injustice when the credibility deficit happens. In other words, we need to show that the credibility deficit should be understood to be an epistemic injustice.10</p><p>Why, then, should credibility deficits experienced by individuals in response to their memory errors be judged to be epistemic injustices that compound the initial epistemic injustice they have undergone? This depends on the type of case that is being considered. We can return to the asylum case to see why.</p><p>Take a case where an asylum seeker is providing their account of their past experiences in their country of origin, with the aim of evidencing their need for protection in the country to which they have arrived. They meet with an asylum case worker who is tasked with making an evaluation of the strength of their asylum claim. The case worker harbors prejudicial stereotypes associating the asylum seeker with untrustworthiness or unreliability. This may be the “bogus asylum seeker” stereotype, or a stereotype relating to some other aspect of the asylum seeker's social identity (e.g., their religious identity), or an intersectional stereotype relating to multiple aspects of the asylum seeker's social identity (e.g., Muslim and LGBTQI+ asylum seekers). Psychological research strongly suggests that the presence of stereotypes like these increases the chance that falsities contained in the accounts of asylum seekers will be attended to and remembered (Puddifoot, <span>2017a</span>, <span>2017b</span>, <span>2021a</span>; Bodenhausen, <span>1988</span>; Cohen, <span>1981</span>; Levinson, <span>2007</span>; Signorella &amp; Liben, <span>1984</span>; Stangor, <span>1988</span>), and that the falsities will be incorrectly attributed to a wider disposition of the asylum seeker to untrustworthiness (Puddifoot, <span>2017a</span>, <span>2017b</span>, <span>2021a</span>; Duncan, <span>1976</span>). Let us stipulate, as seems plausible given these empirical results, that in our example the case worker focuses on the errors contained in the testimony, incorrectly assuming that these are an indicator of a broader unreliability, due to the prejudicial stereotypes that they harbor. Focusing in this way on these specific false details of the asylum seeker's account leads the case worker to dismiss core aspects of the testimony that are accurate.</p><p>This case is in important respects like Fricker's (<span>2007</span>) prototypical case of testimonial injustice, in which a person presents accurate information, but it is not treated as credible due to the hearer's prejudice. In our case, a person also presents accurate information—their accurate account of the core details about their past experiences—but it is not treated as credible due to the prejudicial stereotypes harbored by the hearer. We would argue that the similarities between our target cases and Fricker's merit our cases being treated as an example of compound epistemic injustice, where an initial injustice is compounded by a further epistemic injustice.</p><p>It is important, however, to note that there is one significant difference between our cases and prototypical cases of testimonial injustice. In the prototypical cases, the prejudice suffices to lead to the dismissal of the testimony. A person could say something completely true, in a credible manner, but nonetheless have their testimony dismissed due to prejudice relating to their social identity. In contrast, in the cases we are discussing here the prejudice does not obviously suffice for the credibility deficit. The case worker <i>might not</i> have dismissed the core parts of the asylum seeker's story if there were not aspects of their testimony that were false.</p><p>There are two directions that one might take once this difference is acknowledged. One might argue that wherever there is evidence that there are falsities contained within testimony, there cannot be epistemic injustice, even if a hearer makes a prejudiced response to the falsities. Alternatively, one might argue that the notion of epistemic injustice ought to be broadened to include cases where speakers provide testimony that contains untruths and hearers have prejudiced responses to these untruths. There are good reasons for adopting the second of these options. It seems highly undesirable to adopt a position (like the first option) according to which a thinker who responds in a prejudiced way to minor or peripheral errors in a person's testimony, assuming that other aspects of the testimony are false partly due to negative stereotypes, must be just, or neutral with regards to justice, but cannot be unjust. To see this point, simply imagine that you are an older person who tends to momentarily misremember the names of your grandchildren. If someone were to respond to evidence of this localized error by dismissing other parts of your testimony, because of a prejudicial belief that older people are forgetful, they would not be doing something epistemically unjust according to the first option. However, it seems that the notion of epistemic injustice should be able to capture cases of this type. Therefore, it would be better to adopt an expansive notion of epistemic injustice according to which there can be epistemic injustices when hearers respond with prejudice to falsities contained in a speaker's testimony (i.e., option two).</p><p>Based on the similarities between the credibility deficits we are describing here and prototypical cases of testimonial injustice, and on this claim that the main difference between our target credibility deficits and prototypical cases should not preclude our cases from being classified as cases of epistemic injustice, we conclude that where a hearer's prejudices lead them to dismiss core and accurate parts of a speaker's testimony in response to trauma-induced memory errors there can be epistemic injustice. This form of epistemic injustice can be suffered by anyone affected by trauma induced memory distortions, whether these were caused by social institutions or bad luck. But most importantly for the purposes of this paper this epistemic injustice can also compound an initial mnemonic epistemic injustice.</p><p>We now have one argument in support of the claim that the initial mnemonic epistemic injustice described in Section 3 is sometimes compounded when a person is required to provide an account of their future needs based on their past experiences. But we mentioned earlier that there are different ways that credibility deficits which happen after a speaker has undergone memory errors due to trauma can be epistemic injustices. Let us now consider a second way.</p><p>The first type of case, where a person makes a prejudiced response to memory errors, is an <i>interpersonal</i> epistemic injustice: one person makes an unjustly prejudiced assessment of the credibility of certain parts of another person's testimony. However, there can be cases where a speaker suffers a credibility deficit not because of prejudice on the part of the hearer but instead because of a failure of institutional practices, policies, and procedures. Here, we argue, there is an <i>institutional</i> epistemic injustice that compounds the initial distributive epistemic injustice (cf. Blomfield <span>2021</span>).</p><p>Returning to the asylum case once again we can see how there can be failures of institutional practices, policies, and procedures that can lead people to experience credibility deficits due to their trauma-induced memory errors. It is no secret that asylum seekers experience trauma, or that memory can be negatively impacted by trauma. There is no lack of evidence showing how asylum seekers are likely to provide accounts that contain errors even if they are in a good position to provide an accurate account of core details relevant to their asylum claim. In fact, this idea is reflected in guidance or guidelines produced by the Common European Asylum System (EASO, <span>2018</span>: 75), the UK Home Office (Home Office, <span>2015</span>: 13), and the UNCHR Handbook on Procedures and Criteria for Refugee Status (UNHCR <span>2019</span>: Paragraph 199).11</p><p>This means that those involved in making assessments of the credibility of asylum claims could be given adequate guidance and training on how to judge whether falsities contained in a testimony should lead the core details to be dismissed. Given that the goal of the asylum process is to produce correct judgments about whether people are in need of protection—something that it is vital to get correct—it seems that institutions that administer the asylum process (e.g., the UK Home Office) have strong epistemic and moral duties to ensure that their staff are given adequate advice and training about this issue. In the absence of this adequate training and advice, even unprejudiced asylum case workers, actively attempting to make a correct judgment about whether an asylum seeker is telling the truth, may systematically and predictably give less credibility than is deserved to testimony. They may respond reasonably, and without malice or intention to catch anyone out, to evidence of false details in an asylum seeker's account by dismissing core pieces of the testimony that are highly likely to be accurate. In such cases, we argue, there is an institutional epistemic injustice. The credibility deficit constitutes an epistemic injustice, and the injustice finds its source in the institutional failure to provide adequate guidance and training to asylum case workers.</p><p>It is worth noting, again, that the injustices described in this section may be experienced by anyone who suffers memory related epistemic harms due to trauma or stress, regardless of whether it was caused by social and institutional structures or bad luck, if the hearer responds with prejudice or ought to have been provided with appropriate training to detect these kinds of memory errors. But there seems to be something particularly troubling about cases where social and institutional structures cause memory distortions and disorganization, that is, mnemonic epistemic injustice, and, subsequently, either the same or different social and institutional structures subject the sufferers to testimonial-type epistemic harms in response to such memory errors.</p><p>In previous sections, we argued that people who undergo trauma or stress due to social and institutional structures can experience what we call mnemonic epistemic injustice. This section has aimed to show that when this epistemic injustice occurs prior to a person giving testimony about their need for future help or support, the initial epistemic injustice can be compounded if core details of their testimony are accurate but are dismissed as lacking credibility. Although we have focused on the case study of the asylum system, similar phenomena may be found in other institutions where people who have experienced trauma or stress due to the nature of social and institutional structures are required to provide testimony to evidence their need, for example, in the welfare system or where people are applying for support due to domestic abuse. The initial injustice is structural or institutional, that is, due to features of social or institutional structures that impose trauma. The compounding epistemic injustice can be either interpersonal, for example, due to the prejudice of the hearer, or institutional, if it is due to institutional failings.</p><p>We have argued that there are epistemic harms that occur when people experience trauma or stress that negatively impact their memories, and that these harms can constitute mnemonic epistemic injustice. The injustice occurs because people are unfairly disadvantaged as epistemic agents by being denied something that they are entitled, that is, freedom from the imposition of stress and trauma that brings epistemic costs and other damage to their objective needs. On its own, mnemonic epistemic injustice is serious, because it constitutes severe harms to individuals' objective interests in good epistemic agency, capacity for autonomy, and general well-being. But we have argued that this epistemic injustice is sometimes compounded when individuals subject to this kind of injustice are required to testify about their need for help or protection. In these cases, the initial mnemonic epistemic injustices are compounded by hearers' responses to memory errors that people experience due to trauma.</p><p>One implication of our argument for the understanding of the boundaries of epistemic injustice is that people can experience epistemic injustices that are extremely like testimonial injustice because of other people's responses to evidence that they are speaking untruths. The focus of attention in the testimonial injustice literature has tended to be on how true beliefs that people attempt to communicate can be dismissed due to prejudice. Jennifer Lackey's (<span>2020</span>, <span>2021</span>, <span>2022</span>) work on agential testimonial injustice is an exception, highlighting how people are sometimes only believed when they say things that are untrue. We have argued here that people can also experience epistemic injustice in cases when they are <i>dis</i>believed when (and because) they say <i>false</i> things.</p><p>A further implication is that hearers can be involved in a compounding form of epistemic injustice <i>while responding in a reasonable way to evidence that they have available to them</i>. If a hearer is operating within the structures of an institution in which they are not given adequate guidance and training that allows them to give appropriate weight to evidence of errors, they can respond in a reasonable way to evidence of errors but thereby be implicated in epistemic injustice. For example, asylum case workers who notice errors, such as inconsistencies in the chronology of an account given by an individual asylum seeker may reasonably conclude that the errors indicate that the account is untrustworthy. More specifically, they may reasonably conclude this <i>if</i> they have not been given adequate guidance or training about how memories are influenced by trauma.</p><p>In short, our argument highlights how social and institutional structures can, metaphorically speaking, conspire to create an epistemically inhospitable environment for marginalized individuals. Where there is an initial mnemonic epistemic injustice that is compounded, the initial injustice may be the result of one part of a social or institutional structure while the compounding injustice is the result of the operation of another. This seems to be precisely what is the case for those asylum seekers who have stressful and traumatizing experiences in the asylum system, which lead their memories to become disorganized and distorted, and then face credibility deficits when they provide their account to asylum case workers.</p><p>A significant number of issues need to be addressed to tackle the epistemic injustices we have identified. Not only is it necessary to tackle the prejudice of people who hear the testimony of others who have experienced trauma and stress, it is also necessary to ensure that institutions give their staff guidance on how memory errors are consistent with a person being able to provide a strong account of the core details of their experiences. Both these strategies would be required to eradicate the compounding epistemic injustice. But to tackle the initial mnemonic epistemic injustice far more radical changes are needed, that is, changes to social and institutional structures to reduce the heightened risk that trauma and stress is experienced by individuals existing within them.</p><p>There are no conflict of interests.</p>","PeriodicalId":46756,"journal":{"name":"Journal of Social Philosophy","volume":"56 2","pages":"261-281"},"PeriodicalIF":1.1000,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/josp.12557","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Social Philosophy","FirstCategoryId":"98","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/josp.12557","RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"ETHICS","Score":null,"Total":0}
引用次数: 0

Abstract

There is strong psychological evidence suggesting that sometimes social and institutional structures cause people to experience, or exacerbate existing, trauma and severe stress. Evidence further suggests that trauma and stress can lead autobiographical memories to become disorganized and distorted. In this way, social and institutional structures can cause significant harm by denying some individuals access to a specific kind of knowledge; knowledge about their personal past. When people are being denied access to this kind of knowledge, their objective, basic interests in good epistemic agency, capacity for autonomy, and general well-being, are curtailed. In this paper, we argue that these memory distortions therefore constitute a distinctive form of mnemonic epistemic injustice: some people are unjustly disadvantaged as epistemic agents by being avoidably and foreseeably denied access to epistemic goods required to support their objective interests, due to social and institutional structures that cause some of their memories to become distorted or disorganized.1 They are denied something that they are entitled to, that is, freedom from the imposition of stress and trauma that brings epistemic costs and other damage to their objective needs.

Moreover, this injustice can be further compounded in cases where trauma and stress make it harder for an individual to be believed because their testimony contains untruths due to memory errors. Memories that are distorted and disorganized often exist alongside core memories about important events that are accurate. When it is assumed that certain core aspects of a person's account of their own experiences are false there can be an additional epistemic injustice that compounds the initial injustice of having one's memories distorted. The compound epistemic injustice that we describe can be experienced by people who are speaking untruths (due to memory errors), as a response to the untruths that they are speaking. It can even happen in cases where the hearer responds reasonably to the untruths of the speaker when denying their account credibility. These compound epistemic injustices therefore differ significantly from standard cases of testimonial injustice where a person has their testimony dismissed as lacking credibility when there is little or no good reason to believe that they are speaking untruths (Fricker, 2007). The compound injustices that we describe are interesting because they can be jointly caused by two or more different unjust features of social and institutional structures, that is, those features that cause the memory distortions and those that lead the memory errors to be misinterpreted. They show how different features of social and institutional structures can conspire to make it especially difficult for marginalized individuals to be believed.

We illustrate these points via the case study of asylum seekers in the United Kingdom. Asylum seekers experience high levels of trauma and stress relative to the general population not only because of events that they have often experienced in their country of origin, but also because of hardships that they encounter in the process of seeking refuge and claiming asylum. The heightened vulnerability to undergoing memory distortion and disorganization is the avoidable and foreseeable consequence of deliberate policies, such as, for example, those aiming at deterring asylum seekers from entering the UK. Moreover, this initial injustice can be compounded when asylum seekers must articulate their need for protection in the asylum process.

The paper makes a significant contribution to the literature on epistemic injustice by explaining how social and institutional structures can cause serious epistemic harms and wrongdoing by negatively impacting an individual's memory. The paper also shows how this epistemic injustice can be compounded when an individual provides testimony that contains falsities, even in cases where the hearer responds reasonably to the falsities—introducing the notion of a compounding epistemic injustice. At the same time, it highlights a significant aspect of the plight of asylum seekers.

In Section 2, we begin by showing how social and institutional structures can lead people to experience memory distortions, with specific attention paid to the UK asylum system. Next, in Section 3, we argue that these memory distortions are cases of epistemic injustice. We then proceed in Section 4 to show how these initial injustices can be compounded when individuals are required to provide an account of their needs. Finally, in the conclusion, we highlight implications of this discussion for how epistemic injustice in general should be conceived.

Let us begin, then, by considering evidence suggesting that social and institutional structures can lead people to experience memory distortions. We will begin as we intend to go on, by considering the experiences of asylum seekers as exemplars of this broader social phenomenon.

Now that we have reason for thinking that social and institutional structures like the asylum system can cause memory disorganization and distortion, let us consider how this can constitute epistemic injustice. Epistemic injustice occurs when a person is wrongfully harmed in their capacity as an epistemic agent (Fricker, 2007). An epistemic harm can be wrongful for a number of reasons (Fibieger Byskow, 2020). One distinctive class of wrongs is when an agent is “ingenuously downgraded and/or disadvantaged in respect of their status as an epistemic subject” (Fricker, 2017: 53). This is sometimes referred to as discriminatory epistemic injustice (Fibieger Byskow, 2020; Fricker, 2017). Our claim is that in cases where people undergo stress and trauma due to social and institutional structures in ways that negatively impact their ability to remember the past, they are disadvantaged with respect to their status as an epistemic subject because of the epistemic harms that they experience. They are disadvantaged with respect to their ability to remember aspects of their past in ways that can be crucial to supporting further non-epistemic objective needs. In the process, they are denied something to which they are entitled: freedom from the avoidable imposition of trauma and severe stress that distorts their memory and prevents them from achieving objective needs like capacity for autonomy and well-being. This, we argue, is a mnemonic epistemic injustice. While no one is entitled to accurate memories of their personal past, people are entitled to not have our memories knowingly distorted, given the serious harms this can cause. In addition, we also suggest that there are similarities between the phenomena found in our memory cases and distributive epistemic injustice when institutional and social structures create inequalities in opportunities to access autobiographical memories.

In Section 3, we have argued that when people experience memory distortion and disorganization due to trauma that results from social and institutional structures, this constitutes epistemic injustice. The goal of the current section is to show how this injustice can be compounded when individuals are required to provide an account of their needs.

The first thing that is crucial to note is that where people undergo trauma and stress, the memory distortions that they experience tend to be localized. As we saw in Section 2, under conditions of trauma and stress, memories can present differently from standard autobiographical memory. People may experience memories that are disorganized, where specific events become disjointed from their context and contextual information (e.g., about what happened immediately before or afterward) can become confused (Ehlers & Clark, 2000; Sachschal et al., 2019), and this can have a significant impact on their epistemic agency, autonomy, and well-being. Nonetheless, people who have experienced trauma tend to be able to vividly and accurately remember the core aspects of traumatic events (Herlihy et al., 2012; McNally, 2005). The localized nature of the memory distortions means that it will often be a mistake to generalize from observations of memory disorganization that occurs due to experiences of trauma and stress to the conclusion that the person who is displaying the memory errors is unable to provide an accurate account of core aspects of traumatic experiences that evidence their need for help or protection. Take, for example, an asylum seeker who has experienced traumatic events that led them to flee. They may provide an account of their traumatic experiences which is in some ways disorganized, and may contain some contextual errors, but they are unlikely to misremember the nature of the threat that led them to seek asylum, or its severity. These will be core details about their past, so likely to be remembered accurately and vividly.

What this suggests is that where people who have undergone trauma provide testimony, for example, about past experiences that evidence their need for future help or protection, it is likely that some details of their accounts—including core details of the most important events that are remembered—will be dismissed although they are true. Those responding in this way to evidence of errors in memory would be acting in a way fitting with psychological findings suggesting that people respond to evidence of even minor or peripheral errors present in testimony by discounting the whole of the testimony (Borckardt et al., 2003). In the case of asylum seekers, when they are required to provide an account of their past experiences to evidence their need for asylum, core details of their account of their need for protection may be distrusted although they are true. There is empirical evidence demonstrating precisely this effect: that is, that asylum seekers are treated as generally lacking credibility on the basis of even minor or peripheral factual errors. Often they are treated as lacking credibility because there are inconsistencies in their stories, but untrue claims can also lead them to be dismissed as lacking credibility (Amnesty International, 2013; Asylum Aid, 2011). In a report to the Home Office, the UNHCR (2006) noted that it had “observed a large number of cases where one statement deemed by the case worker to be untrue […] is relied upon to dismiss the credibility of the entire claim” (UNHCR, 2006: 9).

To capture this type of situation, we borrow the term “credibility deficit” from Fricker's (2007) account of testimonial injustice. Fricker describes how prejudice on the part of a hearer can lead a speaker to be given less credibility than they deserve when they are attempting to convey knowledge. Fricker says, and we agree, that credibility deficits can occur where a person displays signs that may under other circumstances indicate a lack of credibility. In the types of case that we are concerned with here people suffer credibility deficits in relation to specific parts of their testimony—those core aspects of their testimony demonstrating their need for help and protection that are true—because of evidence of errors in other aspects of their memory (see Puddifoot, 2020, 2021a for examples of a similar effect in people who have not experienced trauma).

At this point we have argued that individuals who have undergone trauma and stress due to social and institutional structures sometimes experience mnemonic epistemic injustice. We have argued that where people undergo memory distortion and disorganization due to trauma or stress, but they can nonetheless provide an accurate account of core details of their experiences, those core details can be given less credibility than they deserve—a credibility deficit can occur. Now we aim to show that the initial epistemic injustices are compounded by a later epistemic injustice when the credibility deficit happens. In other words, we need to show that the credibility deficit should be understood to be an epistemic injustice.10

Why, then, should credibility deficits experienced by individuals in response to their memory errors be judged to be epistemic injustices that compound the initial epistemic injustice they have undergone? This depends on the type of case that is being considered. We can return to the asylum case to see why.

Take a case where an asylum seeker is providing their account of their past experiences in their country of origin, with the aim of evidencing their need for protection in the country to which they have arrived. They meet with an asylum case worker who is tasked with making an evaluation of the strength of their asylum claim. The case worker harbors prejudicial stereotypes associating the asylum seeker with untrustworthiness or unreliability. This may be the “bogus asylum seeker” stereotype, or a stereotype relating to some other aspect of the asylum seeker's social identity (e.g., their religious identity), or an intersectional stereotype relating to multiple aspects of the asylum seeker's social identity (e.g., Muslim and LGBTQI+ asylum seekers). Psychological research strongly suggests that the presence of stereotypes like these increases the chance that falsities contained in the accounts of asylum seekers will be attended to and remembered (Puddifoot, 2017a, 2017b, 2021a; Bodenhausen, 1988; Cohen, 1981; Levinson, 2007; Signorella & Liben, 1984; Stangor, 1988), and that the falsities will be incorrectly attributed to a wider disposition of the asylum seeker to untrustworthiness (Puddifoot, 2017a, 2017b, 2021a; Duncan, 1976). Let us stipulate, as seems plausible given these empirical results, that in our example the case worker focuses on the errors contained in the testimony, incorrectly assuming that these are an indicator of a broader unreliability, due to the prejudicial stereotypes that they harbor. Focusing in this way on these specific false details of the asylum seeker's account leads the case worker to dismiss core aspects of the testimony that are accurate.

This case is in important respects like Fricker's (2007) prototypical case of testimonial injustice, in which a person presents accurate information, but it is not treated as credible due to the hearer's prejudice. In our case, a person also presents accurate information—their accurate account of the core details about their past experiences—but it is not treated as credible due to the prejudicial stereotypes harbored by the hearer. We would argue that the similarities between our target cases and Fricker's merit our cases being treated as an example of compound epistemic injustice, where an initial injustice is compounded by a further epistemic injustice.

It is important, however, to note that there is one significant difference between our cases and prototypical cases of testimonial injustice. In the prototypical cases, the prejudice suffices to lead to the dismissal of the testimony. A person could say something completely true, in a credible manner, but nonetheless have their testimony dismissed due to prejudice relating to their social identity. In contrast, in the cases we are discussing here the prejudice does not obviously suffice for the credibility deficit. The case worker might not have dismissed the core parts of the asylum seeker's story if there were not aspects of their testimony that were false.

There are two directions that one might take once this difference is acknowledged. One might argue that wherever there is evidence that there are falsities contained within testimony, there cannot be epistemic injustice, even if a hearer makes a prejudiced response to the falsities. Alternatively, one might argue that the notion of epistemic injustice ought to be broadened to include cases where speakers provide testimony that contains untruths and hearers have prejudiced responses to these untruths. There are good reasons for adopting the second of these options. It seems highly undesirable to adopt a position (like the first option) according to which a thinker who responds in a prejudiced way to minor or peripheral errors in a person's testimony, assuming that other aspects of the testimony are false partly due to negative stereotypes, must be just, or neutral with regards to justice, but cannot be unjust. To see this point, simply imagine that you are an older person who tends to momentarily misremember the names of your grandchildren. If someone were to respond to evidence of this localized error by dismissing other parts of your testimony, because of a prejudicial belief that older people are forgetful, they would not be doing something epistemically unjust according to the first option. However, it seems that the notion of epistemic injustice should be able to capture cases of this type. Therefore, it would be better to adopt an expansive notion of epistemic injustice according to which there can be epistemic injustices when hearers respond with prejudice to falsities contained in a speaker's testimony (i.e., option two).

Based on the similarities between the credibility deficits we are describing here and prototypical cases of testimonial injustice, and on this claim that the main difference between our target credibility deficits and prototypical cases should not preclude our cases from being classified as cases of epistemic injustice, we conclude that where a hearer's prejudices lead them to dismiss core and accurate parts of a speaker's testimony in response to trauma-induced memory errors there can be epistemic injustice. This form of epistemic injustice can be suffered by anyone affected by trauma induced memory distortions, whether these were caused by social institutions or bad luck. But most importantly for the purposes of this paper this epistemic injustice can also compound an initial mnemonic epistemic injustice.

We now have one argument in support of the claim that the initial mnemonic epistemic injustice described in Section 3 is sometimes compounded when a person is required to provide an account of their future needs based on their past experiences. But we mentioned earlier that there are different ways that credibility deficits which happen after a speaker has undergone memory errors due to trauma can be epistemic injustices. Let us now consider a second way.

The first type of case, where a person makes a prejudiced response to memory errors, is an interpersonal epistemic injustice: one person makes an unjustly prejudiced assessment of the credibility of certain parts of another person's testimony. However, there can be cases where a speaker suffers a credibility deficit not because of prejudice on the part of the hearer but instead because of a failure of institutional practices, policies, and procedures. Here, we argue, there is an institutional epistemic injustice that compounds the initial distributive epistemic injustice (cf. Blomfield 2021).

Returning to the asylum case once again we can see how there can be failures of institutional practices, policies, and procedures that can lead people to experience credibility deficits due to their trauma-induced memory errors. It is no secret that asylum seekers experience trauma, or that memory can be negatively impacted by trauma. There is no lack of evidence showing how asylum seekers are likely to provide accounts that contain errors even if they are in a good position to provide an accurate account of core details relevant to their asylum claim. In fact, this idea is reflected in guidance or guidelines produced by the Common European Asylum System (EASO, 2018: 75), the UK Home Office (Home Office, 2015: 13), and the UNCHR Handbook on Procedures and Criteria for Refugee Status (UNHCR 2019: Paragraph 199).11

This means that those involved in making assessments of the credibility of asylum claims could be given adequate guidance and training on how to judge whether falsities contained in a testimony should lead the core details to be dismissed. Given that the goal of the asylum process is to produce correct judgments about whether people are in need of protection—something that it is vital to get correct—it seems that institutions that administer the asylum process (e.g., the UK Home Office) have strong epistemic and moral duties to ensure that their staff are given adequate advice and training about this issue. In the absence of this adequate training and advice, even unprejudiced asylum case workers, actively attempting to make a correct judgment about whether an asylum seeker is telling the truth, may systematically and predictably give less credibility than is deserved to testimony. They may respond reasonably, and without malice or intention to catch anyone out, to evidence of false details in an asylum seeker's account by dismissing core pieces of the testimony that are highly likely to be accurate. In such cases, we argue, there is an institutional epistemic injustice. The credibility deficit constitutes an epistemic injustice, and the injustice finds its source in the institutional failure to provide adequate guidance and training to asylum case workers.

It is worth noting, again, that the injustices described in this section may be experienced by anyone who suffers memory related epistemic harms due to trauma or stress, regardless of whether it was caused by social and institutional structures or bad luck, if the hearer responds with prejudice or ought to have been provided with appropriate training to detect these kinds of memory errors. But there seems to be something particularly troubling about cases where social and institutional structures cause memory distortions and disorganization, that is, mnemonic epistemic injustice, and, subsequently, either the same or different social and institutional structures subject the sufferers to testimonial-type epistemic harms in response to such memory errors.

In previous sections, we argued that people who undergo trauma or stress due to social and institutional structures can experience what we call mnemonic epistemic injustice. This section has aimed to show that when this epistemic injustice occurs prior to a person giving testimony about their need for future help or support, the initial epistemic injustice can be compounded if core details of their testimony are accurate but are dismissed as lacking credibility. Although we have focused on the case study of the asylum system, similar phenomena may be found in other institutions where people who have experienced trauma or stress due to the nature of social and institutional structures are required to provide testimony to evidence their need, for example, in the welfare system or where people are applying for support due to domestic abuse. The initial injustice is structural or institutional, that is, due to features of social or institutional structures that impose trauma. The compounding epistemic injustice can be either interpersonal, for example, due to the prejudice of the hearer, or institutional, if it is due to institutional failings.

We have argued that there are epistemic harms that occur when people experience trauma or stress that negatively impact their memories, and that these harms can constitute mnemonic epistemic injustice. The injustice occurs because people are unfairly disadvantaged as epistemic agents by being denied something that they are entitled, that is, freedom from the imposition of stress and trauma that brings epistemic costs and other damage to their objective needs. On its own, mnemonic epistemic injustice is serious, because it constitutes severe harms to individuals' objective interests in good epistemic agency, capacity for autonomy, and general well-being. But we have argued that this epistemic injustice is sometimes compounded when individuals subject to this kind of injustice are required to testify about their need for help or protection. In these cases, the initial mnemonic epistemic injustices are compounded by hearers' responses to memory errors that people experience due to trauma.

One implication of our argument for the understanding of the boundaries of epistemic injustice is that people can experience epistemic injustices that are extremely like testimonial injustice because of other people's responses to evidence that they are speaking untruths. The focus of attention in the testimonial injustice literature has tended to be on how true beliefs that people attempt to communicate can be dismissed due to prejudice. Jennifer Lackey's (2020, 2021, 2022) work on agential testimonial injustice is an exception, highlighting how people are sometimes only believed when they say things that are untrue. We have argued here that people can also experience epistemic injustice in cases when they are disbelieved when (and because) they say false things.

A further implication is that hearers can be involved in a compounding form of epistemic injustice while responding in a reasonable way to evidence that they have available to them. If a hearer is operating within the structures of an institution in which they are not given adequate guidance and training that allows them to give appropriate weight to evidence of errors, they can respond in a reasonable way to evidence of errors but thereby be implicated in epistemic injustice. For example, asylum case workers who notice errors, such as inconsistencies in the chronology of an account given by an individual asylum seeker may reasonably conclude that the errors indicate that the account is untrustworthy. More specifically, they may reasonably conclude this if they have not been given adequate guidance or training about how memories are influenced by trauma.

In short, our argument highlights how social and institutional structures can, metaphorically speaking, conspire to create an epistemically inhospitable environment for marginalized individuals. Where there is an initial mnemonic epistemic injustice that is compounded, the initial injustice may be the result of one part of a social or institutional structure while the compounding injustice is the result of the operation of another. This seems to be precisely what is the case for those asylum seekers who have stressful and traumatizing experiences in the asylum system, which lead their memories to become disorganized and distorted, and then face credibility deficits when they provide their account to asylum case workers.

A significant number of issues need to be addressed to tackle the epistemic injustices we have identified. Not only is it necessary to tackle the prejudice of people who hear the testimony of others who have experienced trauma and stress, it is also necessary to ensure that institutions give their staff guidance on how memory errors are consistent with a person being able to provide a strong account of the core details of their experiences. Both these strategies would be required to eradicate the compounding epistemic injustice. But to tackle the initial mnemonic epistemic injustice far more radical changes are needed, that is, changes to social and institutional structures to reduce the heightened risk that trauma and stress is experienced by individuals existing within them.

There are no conflict of interests.

了解你的过去:创伤、压力和记忆性认识论的不公正
有强有力的心理学证据表明,有时社会和制度结构会使人们经历或加剧现有的创伤和严重压力。证据进一步表明,创伤和压力会导致自传式记忆变得混乱和扭曲。在这种情况下,社会和体制结构会因为拒绝某些个人获得某种特定知识而造成重大伤害;了解他们的个人过去。当人们无法获得这类知识时,他们的目标、良好认知代理的基本利益、自主能力和总体福祉就会受到限制。在本文中,我们认为这些记忆扭曲因此构成了一种独特形式的助记知识不公正:由于社会和制度结构导致他们的一些记忆变得扭曲或混乱,一些人作为知识代理人被不可避免地和可预见地拒绝获得支持他们客观利益所需的知识商品,因此处于不公正的不利地位他们被剥夺了他们有权享有的东西,即免于施加压力和创伤的自由,这种压力和创伤给他们的客观需要带来认知成本和其他损害。此外,在一些情况下,这种不公正可能会进一步加剧,因为创伤和压力使个人很难被相信,因为他们的证词由于记忆错误而包含谎言。扭曲和混乱的记忆通常与关于重要事件的准确核心记忆并存。当假设一个人对自己经历的某些核心方面的描述是错误的,就会有额外的认知上的不公正,这与最初的记忆扭曲的不公正相结合。我们所描述的复合认知不公可以由说假话的人(由于记忆错误)经历,作为对他们所说的假话的反应。这种情况甚至可能发生在听者对说话者的谎言做出合理回应时,当他们否认他们的叙述可信度时。因此,这些复合的认知不公正与标准的证词不公正的情况有很大的不同,在证词不公正的情况下,当一个人几乎没有充分的理由相信他们在说谎时,他们的证词被认为缺乏可信度而被驳回(Fricker, 2007)。我们所描述的复合不公正很有趣,因为它们可能是由社会和制度结构的两种或两种以上不同的不公正特征共同造成的,也就是说,这些特征会导致记忆扭曲,而这些特征会导致记忆错误被误解。它们表明,社会和制度结构的不同特征如何共同作用,使边缘化的个人特别难以得到信任。我们通过对英国寻求庇护者的案例研究来说明这些观点。与一般人相比,寻求庇护者受到的创伤和压力更大,这不仅是因为他们在原籍国经常经历的事件,而且还因为他们在寻求庇护和申请庇护的过程中遇到的困难。记忆扭曲和混乱的脆弱性加剧,是有意制定的政策(例如,旨在阻止寻求庇护者进入英国的政策)可避免和可预见的后果。此外,当寻求庇护者在庇护过程中必须阐明他们需要保护时,这种最初的不公正可能会更加严重。本文通过解释社会和制度结构如何通过负面影响个人记忆而导致严重的认知伤害和不法行为,对认知不公正的文献做出了重大贡献。本文还表明,当个人提供包含虚假的证词时,即使在听众对虚假作出合理反应的情况下,这种认识上的不公正是如何加剧的——引入了复合认识不公正的概念。与此同时,它突出了寻求庇护者困境的一个重要方面。在第2节中,我们首先展示社会和制度结构如何导致人们经历记忆扭曲,并特别关注英国的庇护制度。接下来,在第3节中,我们认为这些记忆扭曲是认知不公正的情况。然后,我们在第4节中继续说明,当个人被要求提供他们的需求时,这些最初的不公正是如何加剧的。最后,在结论中,我们强调了这一讨论的含义,即如何理解一般的认知不公正。那么,让我们首先考虑一些证据,这些证据表明社会和制度结构会导致人们经历记忆扭曲。 在我们打算继续讨论的同时,我们将以寻求庇护者的经历作为这一更广泛的社会现象的范例开始。既然我们有理由认为,像庇护制度这样的社会和制度结构会导致记忆紊乱和扭曲,让我们考虑一下这是如何构成认知不公正的。当一个人作为一个认知代理被错误地伤害时,就会发生认知不公正(Fricker, 2007)。由于多种原因,认知伤害可能是错误的(Fibieger Byskow, 2020)。一类独特的错误是当一个主体“在其作为认知主体的地位方面被天真地降级和/或处于不利地位”(Fricker, 2017: 53)。这有时被称为歧视性认识不公正(Fibieger Byskow, 2020;弗里克,2017)。我们的观点是,当人们由于社会和制度结构而遭受压力和创伤,从而对他们记忆过去的能力产生负面影响时,由于他们所经历的认知伤害,他们在作为认知主体的地位方面处于不利地位。他们在记忆过去的能力方面处于不利地位,而这些能力对于支持进一步的非认知客观需求至关重要。在这一过程中,他们被剥夺了应有的权利:不受本可避免的创伤和严重压力的折磨,这些创伤和压力扭曲了他们的记忆,妨碍他们实现自主能力和幸福等客观需要。我们认为,这是一种助记知识的不公正。虽然没有人有权对自己的个人过去拥有准确的记忆,但考虑到这可能造成的严重伤害,人们有权不让我们的记忆被故意扭曲。此外,我们还认为,在我们的记忆案例中发现的现象与制度和社会结构在获取自传体记忆的机会方面造成的分配性认知不公正之间存在相似之处。在第3节中,我们认为,当人们由于社会和制度结构造成的创伤而经历记忆扭曲和混乱时,这就构成了认知上的不公正。本节的目的是说明,当个人被要求提供其需求的说明时,这种不公正是如何加剧的。首先要注意的是,当人们经历创伤和压力时,他们所经历的记忆扭曲往往是局部的。正如我们在第二节中所看到的,在创伤和压力的条件下,记忆的表现与标准的自传式记忆不同。人们可能会经历混乱的记忆,特定事件与上下文和上下文信息(例如,关于之前或之后发生的事情)脱节,可能会变得混乱(Ehlers &amp;克拉克,2000;Sachschal等人,2019),这可能会对他们的认知代理、自主性和幸福感产生重大影响。尽管如此,经历过创伤的人往往能够生动准确地记住创伤事件的核心方面(Herlihy et al., 2012;麦克纳利,2005)。记忆扭曲的局域性意味着,从观察到由于创伤和压力经历而发生的记忆紊乱,得出显示记忆错误的人无法准确描述创伤经历的核心方面、证明他们需要帮助或保护的结论,往往是错误的。例如,一个寻求庇护者经历了创伤事件,导致他们逃离。他们可能会在某种程度上杂乱无章地描述自己的创伤经历,可能会包含一些上下文错误,但他们不太可能记错导致他们寻求庇护的威胁的性质或其严重性。这些将是他们过去的核心细节,因此很可能被准确而生动地记住。这表明,当经历过创伤的人提供证词时,例如,关于过去的经历,证明他们需要未来的帮助或保护,他们叙述的一些细节——包括最重要事件的核心细节——很可能会被忽略,尽管它们是真实的。那些以这种方式对记忆错误的证据做出反应的人,其行为方式与心理学发现相吻合,心理学发现表明,人们对证词中出现的即使是轻微或次要错误的证据做出反应,也会对整个证词不予考虑(Borckardt et al., 2003)。就寻求庇护者而言,当要求他们提供其过去经历的说明以证明他们需要庇护时,他们关于需要保护的说明的核心细节可能不可信,尽管这些细节是真实的。 有经验证据恰恰证明了这种影响:即,即使是轻微或次要的事实错误,也会将寻求庇护者视为普遍缺乏可信度。他们经常被视为缺乏可信度,因为他们的故事不一致,但不真实的说法也会导致他们被视为缺乏可信度(大赦国际,2013;庇护援助,2011)。在提交给英国内政部的一份报告中,联合国难民事务高级专员办事处(2006年)指出,它“观察到大量案件,案件工作者的一项陈述被认为是不真实的[…],而这一陈述被认为是不可信的”(联合国难民事务高级专员办事处,2006:9)。为了捕捉这种情况,我们借用Fricker(2007)关于证词不公正的描述中的“信誉赤字”一词。弗里克描述了听者的偏见如何导致演讲者在试图传达知识时被给予比他们应得的更少的可信度。弗里克说,我们也同意,当一个人表现出在其他情况下可能表明缺乏可信度的迹象时,就会出现可信度不足。在我们这里关注的案例类型中,人们在证词的特定部分(那些证明他们需要帮助和保护的核心方面是真实的)上遭受可信度缺失,因为他们记忆的其他方面有错误的证据(见Puddifoot, 2020, 2021a,关于没有经历过创伤的人的类似影响的例子)。在这一点上,我们认为,由于社会和制度结构而遭受创伤和压力的个人有时会经历助记认知的不公正。我们认为,当人们由于创伤或压力而经历记忆扭曲和混乱时,尽管他们仍然可以准确地描述他们经历的核心细节,但这些核心细节的可信度可能会低于它们应得的水平——可能会出现可信度赤字。现在,我们的目标是表明,当信誉赤字发生时,最初的认识上的不公正被后来的认识上的不公正所加剧。换句话说,我们需要表明,信誉赤字应该被理解为一种认识上的不公正。那么,为什么个人在回应记忆错误时所经历的可信度缺陷应该被判断为认知上的不公正,这种不公正加剧了他们所经历的最初认知上的不公正呢?这取决于所考虑的情况的类型。我们可以回到庇护案来看看原因。以寻求庇护者陈述其过去在原籍国的经历为例,目的是证明他们需要在已抵达的国家得到保护。他们与一名庇护案件工作人员会面,该工作人员的任务是评估他们的庇护申请的强度。个案工作者怀有将寻求庇护者与不可信或不可靠联系在一起的成见。这可能是“虚假寻求庇护者”的刻板印象,或者是与寻求庇护者社会身份的其他方面有关的刻板印象(例如,他们的宗教身份),或者是与寻求庇护者社会身份的多个方面有关的交叉刻板印象(例如,穆斯林和LGBTQI+寻求庇护者)。心理学研究强烈表明,像这样的刻板印象的存在增加了寻求庇护者的叙述中包含的虚假信息被关注和记住的机会(Puddifoot, 2017a, 2017b, 2021a;Bodenhausen, 1988;科恩,1981;莱文森,2007;Signorella,Liben, 1984;斯坦格,1988),并且这些虚假将被错误地归因于寻求庇护者对不可信的更广泛的倾向(Puddifoot, 2017a, 2017b, 2021a;邓肯,1976)。让我们规定,鉴于这些实证结果似乎是合理的,在我们的例子中,个案工作者关注证词中包含的错误,错误地假设这些是更广泛的不可靠性的指标,由于他们怀有偏见的刻板印象。以这种方式关注寻求庇护者陈述中的这些具体虚假细节,导致个案工作者忽视了证词中准确的核心方面。这种情况在重要方面与Fricker(2007)的证词不公正的典型案例相似,在这种情况下,一个人提供了准确的信息,但由于听者的偏见,它不被视为可信。在我们的案例中,一个人也提供了准确的信息——他们对过去经历的核心细节的准确描述——但由于听者怀有偏见的刻板印象,这些信息不被视为可信。我们认为,我们的目标案例与弗里克案例之间的相似之处,值得我们将我们的案例视为复合认知不公正的例子,即最初的不公正被进一步的认知不公正所加剧。 然而,重要的是要注意,我们的案例与典型的证词不公正案例之间有一个显著的区别。在典型案例中,这种偏见足以导致证词被驳回。一个人可以以可信的方式说出完全真实的事情,但由于与他们的社会身份有关的偏见,他们的证词被驳回。相反,在我们这里讨论的案例中,偏见显然不足以弥补信誉缺陷。如果寻求庇护者的证词中没有虚假的方面,案件工作者可能不会忽视他们故事的核心部分。一旦认识到这种差异,人们可能会采取两个方向。有人可能会争辩说,只要有证据表明证词中包含错误,就不可能存在认识上的不公正,即使听众对这些错误做出了偏见的反应。或者,有人可能会争辩说,认识不公正的概念应该扩大到包括说话者提供包含谎言的证词,而听者对这些谎言有偏见的反应的情况。采用第二种选择是有充分理由的。采取这样一种立场(如第一种选择)似乎是非常不可取的,根据这种立场,一个思想家以偏见的方式回应一个人证词中的轻微或次要错误,假设证词的其他方面是错误的,部分原因是负面的刻板印象,在正义方面必须是公正的,或中立的,但不能是不公正的。为了理解这一点,简单地想象一下,你是一个老年人,往往会暂时记错孙子孙女的名字。如果有人对这种局部错误的证据做出回应,因为一种偏见,认为老年人健忘,而忽略了你证词的其他部分,根据第一种选择,他们就不会做出认知上不公正的事情。然而,似乎认识不公正的概念应该能够捕捉到这种类型的案例。因此,最好采用一种广泛的认识不公正的概念,根据这种概念,当听者对演讲者证词中包含的错误有偏见时,就可能存在认识不公正(即选项二)。基于我们在这里描述的可信度缺陷与证词不公正的典型案例之间的相似性,以及我们的目标可信度缺陷与典型案例之间的主要差异不应排除我们的案例被归类为认知不公正的案例这一主张,我们得出的结论是,当听者的偏见导致他们对讲话者证词的核心和准确部分不予理会,以回应创伤性记忆错误时,可能存在认知上的不公正。这种形式的认知不公正可能是任何受到创伤引起的记忆扭曲影响的人所遭受的,无论这些记忆扭曲是由社会制度还是运气不好造成的。但对于本文的目的而言,最重要的是,这种认识上的不公正也可以复合最初的助记性认识不公正。我们现在有一个论据来支持第3节中描述的最初的助记知识不公正,当一个人被要求根据他们过去的经验提供他们未来需求的描述时,这种不公正有时会加剧。但我们之前提到过,演讲者因创伤而经历记忆错误后出现的可信度缺陷,有不同的方式可以成为认知上的不公正。现在让我们考虑第二种方法。第一种情况是,一个人对记忆错误做出偏见反应,这是一种人际认知的不公正:一个人对另一个人证词的某些部分的可信度做出不公正的偏见评估。然而,在某些情况下,演讲者遭受信誉缺失并不是因为听者的偏见,而是因为制度实践、政策和程序的失败。在这里,我们认为,存在一种制度上的认识不公正,它加剧了最初的分配上的认识不公正(cf. Blomfield 2021)。再次回到庇护案,我们可以看到制度实践、政策和程序的失败是如何导致人们由于创伤性记忆错误而经历信誉缺失的。寻求庇护者会经历创伤,或者记忆会受到创伤的负面影响,这已经不是什么秘密了。不乏证据表明,即使寻求庇护者有能力提供与其庇护申请有关的核心细节的准确描述,他们也有可能提供包含错误的叙述。 事实上,这一理念反映在欧洲共同庇护制度(EASO, 2018: 75)、英国内政部(Home Office, 2015: 13)和联合国难民事务高级专员办事处《难民地位程序和标准手册》(UNHCR 2019:第199段)制定的指南或准则中。这意味着,那些参与评估庇护申请可信性的人可以得到充分的指导和培训,以了解如何判断证词中所含的虚假是否应导致核心细节被驳回。考虑到庇护程序的目标是对人们是否需要保护做出正确的判断——这一点至关重要——似乎管理庇护程序的机构(例如,英国内政部)有很强的认识和道德责任,以确保他们的工作人员在这个问题上得到充分的建议和培训。在缺乏这种适当的培训和建议的情况下,即使是没有偏见的庇护案件工作人员,在积极地试图对寻求庇护者是否在讲真话作出正确判断时,也可能系统地和可预见地给予证词的可信度低于其应有的可信度。对于寻求庇护者陈述中存在虚假细节的证据,他们可能会做出合理的回应,并且没有恶意或意图揭穿任何人,方法是驳回极有可能是准确的证词的核心部分。我们认为,在这种情况下,存在制度性认识上的不公正。信誉赤字构成了认识上的不公正,而这种不公正的根源在于体制上未能向庇护案件工作者提供充分的指导和培训。值得注意的是,本节中描述的不公正可能会被任何因创伤或压力而遭受与记忆相关的认知损害的人所经历,无论它是由社会和制度结构还是运气不好引起的,如果听者以偏见回应,或者应该被提供适当的培训来检测这些记忆错误。但在社会和制度结构导致记忆扭曲和混乱的情况下,似乎有一些特别令人不安的事情,也就是说,助记性认知不公正,随后,相同或不同的社会和制度结构使患者受到证言型认知伤害作为对这种记忆错误的回应。在前面的章节中,我们认为,由于社会和制度结构而遭受创伤或压力的人可能会经历我们所谓的记忆性认知不公正。本节旨在表明,当这种认知上的不公正发生在一个人对未来的帮助或支持的需求做出证词之前,如果他们证词的核心细节是准确的,但被认为缺乏可信度,那么最初的认知不公正可能会加剧。虽然我们关注的是庇护制度的个案研究,但在其他机构中也可能发现类似的现象,在这些机构中,由于社会和体制结构的性质而经历过创伤或压力的人需要提供证词来证明他们的需要,例如在福利制度中,或者由于家庭虐待而申请支持的人。最初的不公正是结构性的或制度性的,也就是说,由于社会或制度结构的特征造成了创伤。认知上的不公正既可以是人际的,例如,由于听者的偏见,也可以是制度性的,如果是由于制度性的失败。我们认为,当人们经历创伤或压力对他们的记忆产生负面影响时,就会出现认知伤害,这些伤害可能构成助记性认知不公正。这种不公正的发生是因为人们作为认知主体被剥夺了他们应有的权利,即免于施加压力和创伤的自由,这些压力和创伤会给他们的认知成本和客观需求带来其他损害。就其本身而言,助记性认知不公是严重的,因为它严重损害了个人在良好认知代理、自主能力和普遍福祉方面的客观利益。但我们认为,当遭受这种不公正的个人被要求证明他们需要帮助或保护时,这种认识上的不公正有时会加剧。在这些情况下,最初的助记认知不公正会因听者对人们因创伤而经历的记忆错误的反应而加剧。我们对认知不公正边界的理解的一个暗示是,人们可能会经历与证言不公正极其相似的认知不公正,因为其他人对他们说假话的证据的反应。 在关于不公正证言的文献中,关注的焦点往往是人们试图传达的真实信念如何因偏见而被驳回。Jennifer Lackey(2020年,2021年,2022年)关于代理证词不公正的研究是一个例外,强调了人们有时只有在说不真实的事情时才会被相信。我们在这里讨论过,当人们因为说了错误的事情而不被相信时,他们也会经历认识上的不公正。进一步的暗示是,听者在以合理的方式回应他们可以获得的证据时,可能会卷入一种认知不公正的复合形式。如果听者在一个机构的结构中工作,在这个机构中,他们没有得到足够的指导和培训,使他们能够适当地重视错误的证据,他们可以以合理的方式回应错误的证据,但因此被牵连到认识上的不公正。例如,庇护案件工作人员在注意到错误时,如个别寻求庇护者叙述的时间顺序不一致,可以合理地得出结论,这些错误表明该叙述不可信。更具体地说,如果他们没有得到关于创伤如何影响记忆的适当指导或训练,他们可能会合理地得出这个结论。简而言之,我们的论点强调了社会和制度结构如何能够,打个比方,合谋为边缘个体创造一个认知上不友好的环境。当最初的助记知识不公正是复合的,最初的不公正可能是社会或制度结构的一部分的结果,而复合的不公正是另一部分运作的结果。这似乎正是那些在庇护系统中有压力和创伤经历的寻求庇护者的情况,这些经历导致他们的记忆变得混乱和扭曲,然后在向庇护案件工作人员提供他们的描述时面临可信度不足。要解决我们已经发现的认知不公正问题,需要解决大量问题。不仅有必要解决人们在听到其他经历过创伤和压力的人的证词时的偏见,也有必要确保机构给他们的员工提供指导,告诉他们记忆错误如何与一个人能够提供他们经历的核心细节的强有力的描述相一致。这两种策略都需要根除复杂的认知不公正。但是,要解决最初的助记认知不公正问题,需要更彻底的变革,即改变社会和制度结构,以减少存在于其中的个人经历创伤和压力的高风险。不存在利益冲突。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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来源期刊
CiteScore
2.20
自引率
12.50%
发文量
44
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