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Comprehensive dissertation by Peter Kahl on epistemic justice in higher education. Develops a fiduciary framework for universities as stewards of the epistemic commons, integrating philosophy, law, and comparative case studies.

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Epistemic Justice and Institutional Responsibility in Academia

Toward a Comprehensive Framework for Epistemic Justice in Higher Education

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by Peter Kahl, 7 June 2025
2nd Edition 17 August 2025


Abstract

This dissertation examines epistemic justice as a fiduciary and ethical responsibility of universities, framing higher education institutions as stewards of an epistemic commons. I argue that universities bear positive duties to institutionalise epistemic openness and actively counter epistemic injustice. Drawing on Fricker’s theory of epistemic injustice, Anderson’s systemic account of epistemic justice, fiduciary ethics, and educational philosophy (Freire, Mill, Rawls), I develop a normative framework that integrates Western and Chinese philosophical perspectives, including Confucian reciprocity, Zhuangzian perspectivism, and Taoist epistemic humility.

Through comparative statutory analysis, I assess the United Kingdom’s Higher Education (Freedom of Speech) Act 2023 alongside constitutional protections in Germany, statutory ambiguity in France, and statutory minimalism in the Netherlands. These contrasts show how legislative frameworks shape institutional practices, highlighting the limitations of purely legal protections. Empirical case studies—including participatory methodologies (Boni & Velasco), microfascist institutional dynamics (Kuyumcu & Méndez-Grueso), and controversies in Groningen and Grenoble—illustrate persistent exclusionary practices and demonstrate the necessity of internal fiduciary governance.

I propose concrete institutional mechanisms to embed epistemic openness: epistemic audits, oversight roles such as Epistemic Ombudspersons, inclusive pedagogical approaches, and transparent accountability frameworks. These measures provide universities with normative clarity and practical strategies for cultivating an epistemic culture that is open, inclusive, and resilient. By embedding epistemic justice in governance, universities can fulfil their fiduciary responsibilities, strengthen legitimacy, and sustain their role as genuine custodians of knowledge.

Keywords

epistemic justice, epistemic openness, epistemic injustice, fiduciary ethics, academic freedom, higher education governance, epistemic commons, institutional responsibility, participatory methodologies, Confucian reciprocity, Zhuangzian perspectivism, Taoist epistemic humility, comparative higher education, freedom of speech act 2023, statutory analysis, institutional accountability, epistemic audits, epistemic ombudspersons, inclusive pedagogy


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Peter Kahl, Epistemic Justice and Institutional Responsibility in Academia: Toward a Comprehensive Framework for Epistemic Justice in Higher Education (v2 edn, Lex et Ratio Ltd 2025) <https://github.com/Peter-Kahl/Epistemic-Justice-and-Institutional-Responsibility-in-Academia>

Publisher & Licence

First published in Great Britain by Peter Kahl on 7 June 2025.
2nd edition published by Lex et Ratio Ltd on 17 August 2025.

© 2025 Lex et Ratio Ltd. Licensed under Creative Commons Attribution–NonCommercial–NoDerivatives 4.0 International (CC BY-NC-ND 4.0).

You are free to share — copy and redistribute the material in any medium or format — under the following terms: attribution required; non-commercial use only; no modifications permitted. Full licence text at https://creativecommons.org/licenses/by-nc-nd/4.0/.