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Structural Hobbling: Regressive Harm, Diffuse Responsibility, and Structural Injustice

Published online by Cambridge University Press:  06 February 2025

Lauren Hall*
Affiliation:
College of Liberal Arts, Rochester Institute of Technology

Abstract

The past five years have seen a dramatic increase in scholars working to supplement or challenge accounts of structural injustice. Almost without exception, scholars in this area assume that the move from personal responsibility to political or public responsibility will represent a net gain in justice, at least in modern liberal regimes. In this essay, I challenge this assumption and introduce the concept of “structural hobbling” as a parallel cause of injustice, but one whose origins derive from neutral state activities rather than from intentional bad faith or diffuse private action (as in structural injustice). Using health-care regulations as a lens, I offer two narratives of individuals navigating health-care regulations that demonstrate how seemingly neutral regulatory decisions create regressive hobbling effects. Structural hobbling challenges structural-injustice theorists to take more seriously the complex and often subtle ways in which apparently benevolent state activity can create downstream injustice, while adding complexity to existing narratives around public responsibility and what it demands.

Type
Research Article
Copyright
© 2025 Social Philosophy and Policy Foundation. Printed in the USA

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References

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8 She also could pursue a Certified Midwife credential, one that requires an M.S. but not an undergraduate nursing degree. However, because this certification is only recognized in New York and a few other states, without the nursing degree she would be unemployable again if she were to move to another state.

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18 Thus, I ignore situations in which one might hobble an animal for its own good, as might be the case for horses. The hobbling on which I focus reduces choiceworthy action, not merely action per se.

19 In my research, midwives I interviewed were often ignorant of the existence of impactful regulations until they had to comply with them. This is likely true of most other heavily regulated professions. I know from experience that it is also true of education. One would certainly not expect voters to be more aware of the effects of regulations than are the professionals whose work is directly impacted. The same is likely true of patients and other affected groups. The epistemic problem becomes relevant again later on.

20 For more on this point, see David Schmidtz, Elements of Justice (New York: Cambridge University Press, 2006), 20, where he argues that “successful theories are maps” and “[m]aps do not tell us where we want to go.” Structural hobbling allows us to map a particular kind of (constrained) terrain, but does not necessarily tell us what an ideal terrain will look like in each case.

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