Injustice by design

Abstract

ABSTRACT Systemic epistemic failings in institutions are often explained through settler epistemologies and settler colonial frameworks that both obscure and reproduce the conditions necessary for those failings to endure. What is never questioned in the standard picture of institutional epistemic injustice is the implicit origin myth of an ‘institutional big bang’ that spawned many modern social institutions out of presumably noble orienting goals for a well-functioning society in democratic nation-states. We are concerned with the functional outcomes of institutions in settler colonial societies, and how these outcomes consistently undermine whitewashed narratives of any inherent institutional design allegedly aimed at promoting testimonial justice in settler colonial societies. Institutions are built to target and maintain a status quo, especially (but not only) when they are charged with securing part of the social order or fabric of settler colonial societies. We will illustrate this concern through a discussion of various functional outcomes of the U.S. institution of asylum using Shannon Speed’s (2019. Incarcerated Stories: Indigenous Women Migrants and Violence in the Settler-Capitalist State. The University of North Carolina Press) analysis of the violence Indigenous women migrants from Latin America experience within the complex administrative web of U.S. migration and asylum systems.