SURVIVING EVILS AND THE PROBLEM OF AGENCY 2AN ESSAY INSPIRED BY THE WORK 3OF CLAUDIA CARD 4DIANA TIETJENS MEYERSAQ1 5 6Abstract: Claudia Card did not live long enough to complete her work on 7surviving evils. Yet she left us an invaluable body of work on this topic. This essay 8surveys Cards views about the nature of evils and the ethical quandaries of 9surviving them. It then develops an account of survival agency that is based on 10Cards insights and in keeping with the agentic capacities exercised by Yezidi 11women and girls who have escaped from ISISs obscene program of trafficking in 12women and sexual violence. Card holds that true survival requires not only 13staying alive and as healthy as possible but also preserving your good moral 14character. The essay maintains that while exercising agency to elude evil and 15protect yourself often depends on your own skills and personality traits, 16exercising agency to restore or develop your moral character often depends on 17social support. 18Keywords: agency, autonomy, Claudia Card, evil, survival, Yezidi, ISIS. 19 20Before her death Claudia Card had published two volumes of an 21intended trilogy on evils-The Atrocity Paradigm and Confronting Evils. 22The last volume of the trilogy was tentatively entitled Surviving Atroc23ities. I share Cards abiding interest in questions about horrific, 24humanly inflicted abuse-especially questions about victims, questions 25about contending with and recovering from abuse, and questions about 26preventing or, more realistically, reducing the magnitude and frequency 27of future abuse. So when Robin Dillon first invited me to contribute to 28this journal issue, I immediately knew what topic I wanted to work on: 29Cards most recent, alas unfinished, work on surviving. 30As I now take up the task of thinking through her work and trying 31to build on it, my choice of this topic makes sense to me in a more 32allusive way. Perhaps one of the attractions of the topic for me was 33and is its association with the value I place on the survival of Cards VC 2016 Metaphilosophy LLC and John Wiley & Sons Ltd VC 2016 Metaphilosophy LLC and John Wiley & Sons Ltd METAPHILOSOPHY Vol. 47, Nos. 4–5, October 2016 0026-1068 J_ID: META Customer A_ID: META12204 Cadmus Art: META12204 Ed. Ref. No.: 12204 Date: 29-August-16 Stage: Page ID: geethapriya.p Time: 10:42 I Path: //10.18.11.53/home$/geethapriya.p$/JW-META160024 1remarkable and deeply personal philosophical legacy. One of the hall2marks of Cards approach to philosophical problems was to bring her 3personal experience to bear on them. Although she took the Holocaust 4as a paradigmatic case of evil, she knew other evils that she analyzes 5first-hand-namely, poverty, homophobia, and misogyny. As this list 6shows, Card didnt think evils were necessarily exceptional or tempo7rally finite episodes in human history. On the contrary, she taught us 8that some evils are commonplace and persist in liberal democratic soci9eties. This shocking ubiquity magnifies the urgency of the topic. 10In this essay, I turn first to Cards views about victims and victim11izers, then to her account of surviving evils, and in the final three sec12tions to some thoughts about autonomy and agency that extend her 13thinking. My hope is that these reflections will prompt others to 14explore and benefit from Cards philosophical methods and insights. 151. A Grim Triad-Victims, Evils, and Survival 16Card has always rejected the view that victims are helpless or passive, 17and she has maintained that philosophical discussions of evil must 18pivot on the perspective of victims, not that of the perpetrators (2002, 1910–11; 2012, 37, 44). A victim, she says, is a "target or recipient of 20harm," not an identity, not a state of abjection, not a pitiful response 21to aggression (2014, 27). This is so clearly true, yet so often overlooked 22when victims are derogated or shamed. In perverting the concept of a 23victim into an ignominious condition that any self-respecting person 24ought to shun, we compound the harms that others inflict on them by 25depriving them of their standing to demand justice. Moreover, we sup26press a major source of knowledge regarding the many and varied 27meanings of the suffering they have endured by sidelining them and 28silencing their testimony.1 29Of course, there are many kinds of victims, even if we limit our pur30view to those who suffer wrongful, humanly inflicted harms. But Cards 31work is concerned specifically with victims of evils. In her most recent 32formulation, Card defines evils as "reasonably foreseeable intolerable 33harms produced (maintained, aggravated, supported, and so on) by 34inexcusable wrongs" (2014, 23). Not every evil is an atrocity. Atrocities 35are evils marked by exceptional cruelty or degradation (2014, 24). Not 36every injustice is an evil. Some injustices inflict harms that are tolerable 37(2014, 25). Natural disasters can become evils when people inexcusably 38refuse to alleviate the intolerable harms they cause (2014, 24). So 39Cards interest in surviving evils concerns the problems posed by cop40ing with harms that it is outrageous anyone should have to endure (the 411 For detailed discussion of the value of attending to victims stories, see Meyers 2016. J_ID: META Customer A_ID: META12204 Cadmus Art: META12204 Ed. Ref. No.: 12204 Date: 29-August-16 Stage: Page ID: geethapriya.p Time: 10:42 I Path: //10.18.11.53/home$/geethapriya.p$/JW-META160024 DIANA TIETJENS MEYERS2 VC 2016 Metaphilosophy LLC and John Wiley & Sons Ltd 1intolerable harm component of evils) and that humans have caused in 2reasonably foreseeable and inexcusable ways (the human-agency com3ponent of evils). 4Because there are many kinds of evils, surviving evils isnt a single 5phenomenon. Evils can be deeds, practices, social structures, or envi6ronments. Thus, duration is one way in which evils differ, and duration 7affects the possibilities for survival. In one sense, a victim survives an 8evil if she outlives it (Card 2016a). In another sense, a victim is surviv9ing an evil if it hasnt defeated her so far (2016a). Because some evils 10end, some victims outlive them. Because others perdure, most survivors 11of these evils only withstand them, seldom, if ever, leaving them 12behind. 13The differences among evils notwithstanding, Card identifies two 14dimensions of surviving that pertain to all of them. On the one hand, 15we speak of surviving-a verbal form that references a diachronic 16active process. Card calls this "skilled survival." Skilled surviving 17requires a victim to be clever in discerning evasive stratagems and self18protective options, resolute in acting on those that prove beneficial, 19and quick to notice and abandon those that dont (2014, 25). On the 20other hand, we speak of survival-a nominal form that suggests a state 21of being. She calls this "remainder survival" (2012, 38).2 Remainder 22survival concerns valuable attributes, such as health and good charac23ter, which endure despite the victims ordeal. 24It is possible for skilled and remainder survival to coincide. In the 25course of shrewdly saving yourself, you may have also saved others and 26thus preserved your integrity and sense of decency. But it is also possi27ble for skilled and remainder survival to come apart. In the course of 28shrewdly saving yourself, you may heap misery on other victims and 29suffer tormenting, unremitting guilt and self-hatred as a result. There 30are countless permutations-as many as there are evil forms of victim31ization, victimized individuals, and survival strategies. 32Card catalogues a selection of these permutations to be found in the 33post-Holocaust literature (2012, 45–49). A few heroes come through 34with clear consciences and intact bodies and minds (2012, 40, 46). 35Most survivors are left morally or personally scarred in some way or 36other. Thus, surviving is a matter of degree (2014, 25). Moreover, there 37are numerous scales on which victims may survive to one degree or 38another. Some survive their complicity with perpetrators by plunging 39into denial and self-deception, by losing themselves while retaining 40their bodily health (2012, 45–46). Others survive such complicity by 41bearing witness to what happened, by exposing their own deeds and 42the harms other victims suffered (2012, 47–48). Some survivors do not 432 In an earlier paper, Card calls this type "preservation survival" (2012, 37). J_ID: META Customer A_ID: META12204 Cadmus Art: META12204 Ed. Ref. No.: 12204 Date: 29-August-16 Stage: Page ID: geethapriya.p Time: 10:42 I Path: //10.18.11.53/home$/geethapriya.p$/JW-META160024 SURVIVING EVILS AND THE PROBLEM OF AGENCY 3 VC 2016 Metaphilosophy LLC and John Wiley & Sons Ltd 1live out natural lifespans-they commit suicide (2012, 49). Surviving, 2Card observes, may not be the ultimate good for every victim. True 3survivors and completely successful survival are rare. 4Throughout her discussions of survival, Card takes care to juxtapose 5the duality of skill and luck. Although skill often plays a role in 6whether or not a victim survives, good or bad luck is always a factor 7(2012, 37; 2014, 27). Unless chinks in the administrative and material 8mechanisms of evil open, victims cannot mobilize know-how and cour9age to diminish or elude the harms being visited upon them. No doubt 10luck also plays a role in the allocation of inner resources-talents and 11traits of character-that enable some to profit from propitious oppor12tunities and that prevent others from doing so. But sheer luck is some13times all that separates survivors from victims who dont make it. 14Some Holocaust victims who were lucky enough to be hidden until Hit15lers military was near defeat were also lucky enough to be rescued as 16the Allied armies advanced through Eastern Europe and into Germany. 17Because some evils are ongoing, seemingly permanent features of 18social relations, some survivors are never out of danger. For many peo19ple born into what Card calls "aggravated subsistence poverty," there is 20little or no chance of escaping from poverty morally unscathed. 21Although good fortune occasionally presents an escape route-for 22example, a subsidized education or a career in the military-its neces23sary to bear in mind that nothing guarantees that any particular victim 24of aggravated subsistence poverty will be able to take advantage of 25such socially condoned opportunities to escape (2014, 29, 35; also see 262016c). Many victims are doomed to ceaselessly "tread water" (2014, 2727). Beset by severe deprivation, their lives and health are never secure, 28and their moral character is frequently at risk. Misogyny and homo29phobia are also persistent evils, but, unlike poverty, they currently offer 30no exit options, only coping options. 312. Survival Tactics 32Taking a cue from Primo Levi, Card calls the contexts in which many, 33perhaps most, victims of evils are compelled to live "gray zones" (2002; 342012; 2014). Three characteristics demarcate gray zones: 351. Their inhabitants are victims of evil. 362. These inhabitants are implicated through their choices in perpe37trating some of the same or similar evils on others who are 38already victims like themselves. 393. These inhabitants act under extraordinary stress. (2000, 517; 2002, 40224) J_ID: META Customer A_ID: META12204 Cadmus Art: META12204 Ed. Ref. No.: 12204 Date: 29-August-16 Stage: Page ID: geethapriya.p Time: 10:42 I Path: //10.18.11.53/home$/geethapriya.p$/JW-META160024 DIANA TIETJENS MEYERS4 VC 2016 Metaphilosophy LLC and John Wiley & Sons Ltd 1In a gray zone, perpetrators offer some victims privileges-power and 2surcease-in exchange for their complicity in inflicting intolerable 3harms on others. The targets of these offers must decide whether to 4accept them in the midst of "intense or prolonged fear for basic secu5rity or their very lives or for the lives or basic security of loved ones" 6(2002, 224). 7The infamous dilemmas that Nazi death camp officials imposed on 8certain inmates are well known. March fellow victims to the "showers" 9or die right now (2012, 47). Assist with Josef Mengeles "experiments" 10and send extra food to your wife and daughter or die with everyone 11else (2012, 48). Each case of complicity in the camps, each amalgam of 12evil and innocence, differs from every other-in the agents motives 13and willingness, in the nature of the harms perpetrated by the agent, in 14the agents ability to sabotage camp operations, and so forth (2000, 15518–19; 2002, 226–27). 16For Card, the ambiguity saturation of gray zones raises ontological 17questions about the intelligibility of agents choices within our standard 18framework of deliberation and decision making and also about the ade19quacy of our moral vocabularies to assessing these choices. It seems, as 20she puts it, that victims of evil can only "grope" through gray zones, 21and that moral philosophers seeking to grasp the moral significance of 22their predicaments and actions must grope as well (1999, 16). Surviving 23evil is never a sure thing, and the ethics of surviving is seldom clear24cut. Yet, Card emphasizes that many of the inhabitants and survivors 25of gray zones hold fast to moral categories, even as they are forced to 26navigate opaque, terrifying situations and to look back in anguish on 27their actions in them (2000, 519). 28As I said earlier, Card devotes a great deal of attention to the vic29tims of homicidal Nazi bigotry, for the Holocaust surely epitomizes 30evil. But she probes a number of other forms of evil and analyzes the 31action spaces into which they insert victims, including slavery, 32misogyny, homophobia, and poverty.3 33Misogyny is an evil that has everyday forms, such as spousal abuse 34and sex trafficking, and spasmodic forms, such as outbreaks of mass 35rape during armed conflict (2000, 513). Sieges of misogynist battery 36and sexual assault trap women in gray zones. A woman who has been 37humiliated and beaten by her partner month after month may stand by 38while her assailant beats, molests, perhaps kills her child. In despera39tion, some battered women resort to killing their abusers when they are 40defenseless-for instance, while they are asleep. Women who have been 42trafficked into sex work and mercilessly forced to perform sexual 433 Cards discussion of surviving slavery is slight compared to her discussions of surviv44ing the Holocaust, misogyny, homophobia, and subsistence poverty. Thus, in this essay I 45focus on her remarks about surviving the latter four evils. J_ID: META Customer A_ID: META12204 Cadmus Art: META12204 Ed. Ref. No.: 12204 Date: 29-August-16 Stage: Page ID: geethapriya.p Time: 10:42 I Path: //10.18.11.53/home$/geethapriya.p$/JW-META160024 SURVIVING EVILS AND THE PROBLEM OF AGENCY 5 VC 2016 Metaphilosophy LLC and John Wiley & Sons Ltd 1services for clients sometimes "rise through the ranks," becoming 2madams and trafficking in women themselves. Women repeatedly raped 3by enemy combatants sometimes abandon or kill the babies they con4ceive and bear in hopes of resuming their lives as "respectable" women 5in their communities of origin. Brutal expressions of misogyny beget 6survival strategies that may require wit or courage but that often doom 7survivors to lifelong shame and self-reproach, if not to prosecution and 8prison. 9Inspired by Jeremy Waldrons work on hate speech, Card argues 10that homophobia constitutes an evil environment in which hate crimes 11normalize the hate of haters and recruit new haters, all the while 12depriving LGBTQ victims of the good of "a sense of security in the 13space we all inhabit" (2016a). As a result of this "toxic environment," 14LGBTQ individuals are highly vulnerable to violence, including sexual 15assault, torture, and murder, and disproportionately vulnerable to sui16cide. To protect themselves, therefore, victims may hide in the closet, 17pass for straight, or form separatist communities (2016a). But none of 18these strategies is foolproof, for exposure is always a possibility. All 19carry substantial moral costs, for habits of deception in hazardous 20spaces undermine spontaneity and candor in safe spaces, too. More21over, pursuing these strategies may lead victims to betray one another, 22as laughing at homophobic jokes, voicing homophobic sentiments, or 23outing other LGBTQ individuals may reinforce the credibility of a vic24tims masquerade. Still, coming out can incur major costs, including 25loss of livelihood and loss of friendships or family ties, not to mention 26being targeted for hate crimes.4 Like the evil of misogyny, homophobic 27environments create double binds that turn survival into a core project 28for victims and prevent them from surviving without sacrificing their 29integrity or their well-being. 30To many, poverty seems like a consequence of irresponsibility or 31laziness, but Card maintains that subsistence poverty is often an evil: 32"Poverty that results from injustice is an evil when its inexcusable dep33rivations are not survivable without jeopardizing its victims humanity 34or when it makes survivors deeply ashamed of their lives" (2014, 30). 35Here, too, the elements of a gray zone converge. An evil renders its vic36tims radically insecure, thereby putting them under extraordinary stress 37that in turn may lead victims to act in morally compromising ways in 38order to survive. Some of those strategies take advantage of people 39who are well off, but many of them prey on other victims of severe 40poverty. 414 Card writes mainly from the standpoint of the post-closet era in many parts of the 42United States. However, she documents a practice known in South Africa (where gay 43marriage is legal) as "corrective rape," and homosexuality remains illegal and persecuted 44in much of the rest of Africa and in Russia. J_ID: META Customer A_ID: META12204 Cadmus Art: META12204 Ed. Ref. No.: 12204 Date: 29-August-16 Stage: Page ID: geethapriya.p Time: 10:42 I Path: //10.18.11.53/home$/geethapriya.p$/JW-META160024 DIANA TIETJENS MEYERS6 VC 2016 Metaphilosophy LLC and John Wiley & Sons Ltd 1Writing from the standpoint of her childhood experience of poverty 2in rural Wisconsin, Card sketches a range of "survival challenges" 3associated with subsistence poverty, including poor nutrition, poor 4health, poor housing, and long hours of work (2014, 33–34). Mired in 5these compound hardships, the needs of people living in subsistence 6poverty often exceed their ability to pay for them. Thus, they "learn to 7manipulate others" (2014, 33). Similarly, poverty schools you in the 8arts of dissembling to conceal weaknesses or make excuses (2014, 34). 9Gradually, you may become inured to others disdain for your unreli10ability and dishonesty. Being criminalized is a further risk of living in 11subsistence poverty. If an unexpected turn of events, say, a health crisis 12or unemployment, leaves you with a financial deficit, the risk of crimi13nality looms large. As Card puts it, "You borrow without asking" 14(2014, 34). Likewise, people living in such extreme and persistent pov15erty are at risk of losing their homes and becoming homeless. The 16added vulnerability that comes with life on the streets may persuade 17you to acquire a weapon. But your weapon puts you in danger of seri18ously injuring, perhaps killing, someone and thus in danger of being 19prosecuted and punished if the verdict goes against you (2014, 33). 20Agents taking measures to survive the privations of severe poverty may 21end up snared in a downward spiral of crime, incarceration, stigma, 22and further crime. 23In the case of the Holocaust, the remedy (if we can speak of one for 24that state-sponsored mass-murder juggernaut) was the surrender of the 25Axis powers in Europe, the closing of the camps, and the provision of 26humanitarian aid and reparations to the victims. The evils of misogyny, 27homophobia, and subsistence poverty are different. They exist world28wide, and there is no concerted, multinational campaign to conquer 29them. Because Card doubts that any determined effort to eradicate dire 30poverty will emerge any time soon, she asks what would enable victims 31of this evil to avoid the traps and temptations embedded in it. In other 32words, "what would significantly enhance both skilled and remainder 33survival" for the poorest of the poor? In Cards view, fostering hope is 34key: first, by ensuring the health of children and adequate care for 35them and, second, by protecting impoverished individuals from vio36lence and criminalization (2014, 36–37). If people living in subsistence 37poverty were not hopeless, Card reasons, they would be able to focus 38their survival skills on taking advantage of available educational and 39occupational opportunities, and surviving would not condemn them to 40a remainder of shame, denial, or self-deception. Perhaps a parallel set 41of recommendations could be developed to alleviate the harms of 42misogyny and homophobia. But in the case of homophobia, Card rec43ommends political activism and cultural interventions to detoxify the 44environment (2016a). Although Im sure she would also advocate polit45ical activism and cultural intervention to defuse misogyny, in The J_ID: META Customer A_ID: META12204 Cadmus Art: META12204 Ed. Ref. No.: 12204 Date: 29-August-16 Stage: Page ID: geethapriya.p Time: 10:42 I Path: //10.18.11.53/home$/geethapriya.p$/JW-META160024 SURVIVING EVILS AND THE PROBLEM OF AGENCY 7 VC 2016 Metaphilosophy LLC and John Wiley & Sons Ltd 1Atrocity Paradigm she opts (surprisingly) to offer a suite of "fantasies" 2(2002, 132–35). That she takes refuge in fantasy in this regard strikes 3me as an excellent gauge of her assessment of the remoteness of any 4effective remedy for the abuses of misogyny in the patriarchal world 5weve inherited. 6Clearly, nonvictims have obligations to agitate for policies and prac7tices that bring a halt to evils or that at least diminish the gravity and 8the reach of the damage they cause. Is there anything to be said about 9the possibilities for victims to exercise their agentic powers in ways that 10might be conducive to truly surviving? Ill begin by offering some 11observations about autonomy and agency in section 3. Then, in section 124, I consider whether a conception of survival agency might be con13structed based on Cards work on surviving evils. 143. Autonomy and Agency 15The concepts of autonomy and agency are a bit slippery partly because 16of their close relationship and partly because they are terms of art. For 17the most part, philosophers of action use the terms autonomy and 18agency interchangeably to refer to self-governance or self19determination. Minimally, then, autonomy and agency consist of the 20capacity to act intentionally. When social scientists identify agency with 21the capacity for independent action, they sometimes mean to adopt 22this philosophical conception, but sometimes they mean to contrast 23agentic action with action governed by social structures. The latter 24injects the elements of power and resistance into the concept of agency. 25Along these lines, some philosophers and social scientists, usually those 26pursuing a progressive social and political agenda, adopt a stronger 27view of agency. They invoke the concept of agency to reference an indi28viduals or a collectivitys capacity to move regnant institutions, norms, 29and practices toward greater justice. This conception departs from 30most philosophical accounts of autonomy, for accounts of autonomy 31typically focus on explicating the capacity to act on your desires and 32values (in some accounts, your authentic desires and values) and to dis33regard whatever capacities might be needed to bring about positive 34social change. 35Feminist moral and political philosopher Serene Khader modifies 36and blends the two conceptions of agency that Ive just sketched. 37According to Khader, "We may think of agency as the capacity to 38make decisions and shape ones world in accordance with what one 39cares about" (2011, 31). To the minimalist view from philosophy of 40action Khader adds the thought that agency requires that the individ41ual is making choices that enact values and goals that matter to her 42and align with her interests, in contradistinction to desires and goals J_ID: META Customer A_ID: META12204 Cadmus Art: META12204 Ed. Ref. No.: 12204 Date: 29-August-16 Stage: Page ID: geethapriya.p Time: 10:42 I Path: //10.18.11.53/home$/geethapriya.p$/JW-META160024 DIANA TIETJENS MEYERS8 VC 2016 Metaphilosophy LLC and John Wiley & Sons Ltd 1she simply happens to have. In this respect, Khaders conception over2laps with accounts of autonomy that require that the motivations for 3your conduct be authentically your own. It is uncertain, however, 4whether Khader embraces the strong view of agency that incorporates 5the power to influence the course of large-scale events or the structures 6undergirding social relations. Although her account of agency includes 7the capacity to shape your world, this capacity might be construed in a 8quite narrow way such that a woman who is capable of rejiggering her 9domestic relations so as to put a stop to being beaten at home would 10count as exercising agency. After all, a persons experiential or proxi11mate world may be quite small. 12I would concur with this restrained understanding of the relation 13between agency and social influence. The ability to have a localized, 14domain-specific, advantageous impact on your social environment suffi15ces, I think, for agency, because the alternative of requiring the 16capacity to impact society in grander ways would implausibly deagen17tify too many people. But I would stress that this view of agency does 18not coincide with prevailing views of autonomy, which are value neu19tral or nonsubstantive. Only the most prescriptive, substantive accounts 20of autonomy-those that require autonomous individuals to act in 21morally admirable ways, in self-respecting ways, or in ways conducive 22to their own flourishing-coincide with this conception of agency. 23I turn now to another line of thought found in Khaders work and 24in other recent work on women and oppression. This line of thought 25complements the view of agency Ive just endorsed and also diverges 26from most accounts of autonomy. Whereas theorists of autonomy may 27distinguish between personal and moral autonomy, they often argue for 28the continuities between them.5 In contrast, theorists of agency rou29tinely speak of agencies rather than agency and underscore the differen30ces among diverse types of agency. 31Disparate settings define some types of agency-for example, politi32cal agency and sexual agency. Political agency concerns an individuals 33ability to participate in democratic processes by exercising rights, by 34organizing or joining social movements, or by agitating for a cause by 35some other means.6 Sexual agency refers to control over your participa36tion in possible sexual encounters, including your consent or refusal to 37engage and your choices about erotic activities and safety precautions. 395 Philosophers also recognize economic autonomy and autonomous states; however, 40discussions of these concepts have rather tenuous connections to discussions of personal 41and moral autonomy. 426 In some contexts, notably in political science, political agency refers to the relation43ship between constituents and their elected representatives. The latter are cast in the role 44of agents-individuals who act on behalf-of the former. J_ID: META Customer A_ID: META12204 Cadmus Art: META12204 Ed. Ref. No.: 12204 Date: 29-August-16 Stage: Page ID: geethapriya.p Time: 10:42 I Path: //10.18.11.53/home$/geethapriya.p$/JW-META160024 SURVIVING EVILS AND THE PROBLEM OF AGENCY 9 VC 2016 Metaphilosophy LLC and John Wiley & Sons Ltd 1Particular objectives define other types of agency. For example, 2Khader distinguishes welfare agency from feminist agency. Whereas 3welfare agency is the ability to enhance your own welfare, say, by 4obtaining better nutrition or adequate health care, feminist agency is 5the ability to "identify and change sexist norms" (Khader 2014, 224). 6Similarly, Alisa Bierria distinguishes transformative agency from insur7gent agency. Both are types of resistance to oppression. Insurgent 8agency, however, "temporarily destabilizes, circumnavigates, or manipu9lates [oppressive] conditions in order to reach specific ends" (Bierria 102014, 140). In contrast, transformative agency aims to "overturn condi11tions of systemic oppression," often by working jointly with likeminded 12others (139). If Im not mistaken, Bierrias insurgent agency has much 13in common with Khaders welfare agency, and Bierrias transformative 14agency parallels while also expanding on Khaders feminist agency. 15This relation between transformative agency and feminist agency 16might raise the question of whether both Bierria and Khader are man17dating the strong account of agency I rejected. But I doubt that their 18positions are vulnerable to the charges of grandiosity and undue exclu19sion that persuade me to adopt a more moderate conception. Provided 20that Khader would acknowledge the piecemeal changes in gender 21norms that women create one household, one workplace, or one rela22tionship at a time to be expressions of feminist agency while also 23acknowledging that effecting major legal or cultural changes in gender 24relations is an expression of feminist agency, I see no problem with her 25view. Provided that Bierria regards transformative agency as one form 26of agency among others that are less demanding, as she clearly does, I 27see no problem in recognizing transformative agency as one type of 28agency. 29Discussions of agency suggest that some types presuppose some 30degree of publicly secured or self-appropriated empowerment. Thus, 31people who have no right to vote, no right to seek public office, and no 32right to organize around political issues lack political agency. In such 33repressive circumstances, only those courageous individuals who are 34powerfully motivated by steadfast political commitments snatch politi35cal agency out of the grip of the authorities and disobey the law to 36promote their political goals. Despite official denial of their rights, Nel37son Mandela exercised political agency under apartheid and Martin 38Luther King Jr. exercised political agency in the Jim Crow South. 39Similarly, women lack sexual agency if they cannot exert control 40over whether they have sex, whom they have sex with, whether they or 41their partners use contraception, and which sex acts they perform. 42Women who have been trafficked into sex work have little, if any, sex43ual agency. The sexual agency of girls who dont use contraceptives for 44fear of alienating their male partners or appearing to be loose women, 46thereby risking unwanted pregnancy at a young age, is severely J_ID: META Customer A_ID: META12204 Cadmus Art: META12204 Ed. Ref. No.: 12204 Date: 29-August-16 Stage: Page ID: geethapriya.p Time: 10:42 I Path: //10.18.11.53/home$/geethapriya.p$/JW-META160024 DIANA TIETJENS MEYERS10 VC 2016 Metaphilosophy LLC and John Wiley & Sons Ltd 1compromised (for discussion, see Stoljar 2000). But many women seize 2sexual agency by refusing to engage in anything but mutually respectful 3forms of intimacy and insisting on choosing partners of whichever gen4der(s) appeal to them. Just as empowerment is a matter of degree and 5depends on social as well as individual resources, so too these types of 6agency are a matter of degree and vary depending on socially conferred 7options as well as personal gifts and traits of character. 8Some types of agency are aimed specifically at gaining empowerment 9either temporarily in order to cope with a particular situation- 10Bierrias insurgent agency-or long-term by bringing about emancipa11tory social change-Bierrias transformative agency. In this connection, 12however, it is important to bear one of Khaders points in mind. 13Empowerment in one domain, such as access to basic necessities, does 14not entail empowerment across the board, such as achieving greater 15gender equality. Welfare agency and feminist agency can come into 16conflict, as can insurgent and transformative agency. 174. Survival Agency? 18Any conception of survival agency befitting Cards theory of evils must 19secure victims ability to act so as to preserve their lives and prevent 20their health and character from collapsing into irremediable disrepair. 21Yet because gray zones are designed to rob victims of precisely these 22capacities, few could exercise survival agency unless they had auxiliary 23capacities. For example, victims of evils need the capacity to identify an 24alterable feature of the situation in which they are confined, together 25with the capacity to alter it in a life-, health-, and character-preserving 26way. Alternatively, they need the capacity to spot fissures in the evil 27regime together with the capacity to reposition themselves in less dan28gerous sites within those regimes. Each of these modes of survival 29agency belongs in Bierrias category of insurgent agency. Whatever vic30tims may accomplish stops way short of vanquishing the evil, and the 31benefits gained by exercising these forms of agency are always at risk 32of reversal unless or until the evil is brought to an end. In a moment, 33Ill say why I think that survival agency should prioritize personal sur34vival over moral survival. But first I take up Cards views about surviv35ing and morality. 36At first blush, it seems that Card would classify survival agency as a 37species of moral agency, for she holds that moral remainder survival is 38a necessary component of true survival. In Cards view, this dimension 39of survival requires victims to preserve or improve their moral charac40ter. Since many victims of evil never lose their moral compass, this 41requirement does not seem patently unreasonable. Although their 42strength of conscience may prove to be deleterious to their health J_ID: META Customer A_ID: META12204 Cadmus Art: META12204 Ed. Ref. No.: 12204 Date: 29-August-16 Stage: Page ID: geethapriya.p Time: 10:42 I Path: //10.18.11.53/home$/geethapriya.p$/JW-META160024 SURVIVING EVILS AND THE PROBLEM OF AGENCY 11 VC 2016 Metaphilosophy LLC and John Wiley & Sons Ltd 1remainder survival, it may be advantageous to their moral remainder 2survival. 3Still, Card acknowledges that, driven to desperation, victims of evils 4may lose their grip on ordinary categories of right and wrong. Her 5accounts of the evil of subsistence poverty and the evil of homophobia 6underscore, for example, how evils can sabotage honesty. Nonetheless, 7because survival is a matter of degree and relative to different domains, 8a victims commitment to moral norms might remain fairly strong in 9her family relations but deteriorate significantly in her relations to 10others. Moreover, morally impaired victims are not barred from exercis11ing skilled survival agency, for skilled survival need not be constrained 12by moral norms. 13To truly survive an evil (or multiple intersectional evils), you need to 14be able to refrain from courses of action that would undermine your 15morally desirable attributes. Because reducing agency to acting inten16tionally neither identifies the aims of survival agency nor acknowledges 17the moral dimension Card imputes to survival, this conception is too 18general and too thin to accommodate her view. 19Yet, inflating agency into a capacity to mitigate or halt current evils 20or to prevent future evils seems to put a greater onus on victims to 21solve historically intractable social and economic problems than Card 22would countenance. Throughout, Cards work demonstrates her sensi23tivity to the appalling quandaries in which evils embroil victims, along 24with her attentiveness both to the ways in which evils can drag victims 25into the moral muck and to the ways they can spur victims to feats of 26bravery or altruism that defy the most forbidding obstacles. Invariably 27careful not to gloss over the unsavory side of human psychology and 28alert to the unyielding constraints that evils impose on victims, Card 29would, I believe, favor a view of survival agency that is no less cogni30zant of those factors. 31Khaders modest, but more than minimalist, account of agency is 32promising as a starting point from which to work out a conception of 33survival agency that Card could endorse. Recall Khaders view: agency 34is "the capacity to make decisions and shape ones world in accordance 35with what one cares about" (2011, 31). As a general rule, it is safe to 36assume that people care about their access to basic necessities, includ37ing safety as well as subsistence goods. If so, it stands to reason that 38remainder survival with respect to life and health matters to them. 39However, whether or how much people subjected to the extreme danger 40and the double binds of gray zones also care about their good charac41ter might vary quite a bit from person to person and/or depending on 42the type of evil thats been foisted on them. 43In this regard, Card goes so far as to acknowledge that as a result 44of a (very unlucky) childhood attachment to a morally defective care45giver and the persistence later in life of the malign effects of that J_ID: META Customer A_ID: META12204 Cadmus Art: META12204 Ed. Ref. No.: 12204 Date: 29-August-16 Stage: Page ID: geethapriya.p Time: 10:42 I Path: //10.18.11.53/home$/geethapriya.p$/JW-META160024 DIANA TIETJENS MEYERS12 VC 2016 Metaphilosophy LLC and John Wiley & Sons Ltd 1attachment, a person can develop a practical identity constituted by 2badness and hence desire to act under the guise of the bad (2016b, 52– 354). This concession to the impact of inadequate childrearing notwith4standing, Card argues against the claim that moral remainder survival 5is dispensable for victims of evils. That is, she rejects the view that this 6aspect of survival is more a luxury than a need when a person is 7trapped in a gray zone (2012, 49–50). In what follows, Ill urge (1) that 8its highly speculative whether a victims good character will be perma9nently shattered or will be amenable to repair in the aftermath of an 10evil or at some point during a seemingly ineradicable evil, and (2) that 11victims often cannot repair their moral character on their own. In my 12view, this uncertainty and interdependency have implications for theo13rizing survival agency. 14Im not at all sure what causes character erosion or ruin. Card 15describes cases in which victims moral character seems to have been 16irreparably damaged and cases in which victims moral character seems 17to have survived despite their ruthless survival maneuvers. Indeed, she 18also presents the case of a Polish Catholic man who had a history of 19thievery and incarceration, but who brought food and other supplies to 20a Jewish family he discovered hiding in the sewers of Lvov during the 21Holocaust and who improved his character in the process (2016c). 22Some people adhere staunchly to moral precepts regardless of circum23stances; some people totally abandon moral considerations under pres24sure; some people rise to the occasion and become newly committed to 25leading morally good lives. 26To account for such divergent outcomes, Card suggests that luck is 27a significant determinant of a victims ability to sustain or build a good 28moral character. If she is right that luck is so salient a factor in this 29regard, no taxonomic system for classifying survival tactics according 30to whether or not they are compatible with the remainder survival of 31the victims good character would be tenable. For this reason, and also 32because I think the probable outcome for a victims character is one of 33the profoundly disturbing imponderables of gray zones, Im convinced 34that its not so clear after all that survival agency must be a species of 35moral agency. 36As I mentioned earlier, Card argues that becoming involved in crimi37nal activities, which in many cases are conducted in partnership with 38criminal organizations, is one of an assortment of potentially noxious 39consequences of the evil of severe poverty.7 Yet, it is well known that 41codes of honor function within criminal gangs that specialize in a 427 It goes without saying that many people organize or join criminal enterprises for rea43sons other than trying to escape from or at least cope with the evil of severe poverty. My 44comments in this essay are restricted to those individuals who pursue careers in crime as 45a strategy for surviving this evil. J_ID: META Customer A_ID: META12204 Cadmus Art: META12204 Ed. Ref. No.: 12204 Date: 29-August-16 Stage: Page ID: geethapriya.p Time: 10:42 I Path: //10.18.11.53/home$/geethapriya.p$/JW-META160024 SURVIVING EVILS AND THE PROBLEM OF AGENCY 13 VC 2016 Metaphilosophy LLC and John Wiley & Sons Ltd 1variety of despicable but profitable enterprises. Likewise, it is well 2known that, despite the odds against them, some poverty-stricken 3youths whove been recruited into these organizations eventually break 4free and subsequently lead morally commendable lives. Although their 5initial survival strategy underwrites a constricted and distorted recti6tude that is dictated by the conduct code of a particular criminal orga7nization, later on they construct a survival strategy that fully satisfies 8Cards moral remainder criterion of true survival. 9An analogy with the prospects for combat soldiers postwar moral 10character is helpful here. I am not confident that the prospects for sol11diers who have seen combat are any better or worse than the prospects 12for ex–gang members or, for that matter, for victims of evils more gen13erally. Although serving in the military is a socially sanctioned form of 14employment, undergoing horrific hardships and performing horrific 15acts on the battlefield stretch many soldiers moral fiber to the break16ing point. Some evils plunge victims into circumstances that resemble 17the unpredictability and ferocity of war zones and that generate 18demands that resemble the extremity of those made on soldiers in the 19midst of warfare. Since soldiers ability to recalibrate their values and 20motivational systems to civilian life seems to depend in part on the 21availability of post-service support systems for veterans, it seems likely 22that the same holds true for former gang members struggling to lead 23law-abiding lives. If so, access to such assistance should not be a matter 24of luck but rather should be guaranteed as a matter of justice.8 25Good moral character seldom survives and flourishes in a social 26vacuum, and in the aftermath of evil or in the process of escaping from 27evil, social scaffolding can make the difference between some victims 28renewed or newly fashioned good moral character and others weak29ened or warped moral character. In this vein, Card acknowledges that 30control over their future moral character may not be within individual 31victims agentic power. In some cases, she notes, access to mental 32health care can be decisive with respect to a victims success in con33structing a good moral character or surrender to a bad moral character 34(2016c). 35In light of this relational dimension of moral remainder survival and 36the possibility that others will come forward to assist victims in restor37ing or reconstructing their moral character, Im inclined to discount 38how much jeopardy a victims character is in when shes consumed by 39the need to try to survive an evil. If this is a sensible concession to the 40severity of intolerable harms and to the resilience of moral character in 418 Sometimes families and friends provide support systems that are adequate to combat 42veterans and former gang members needs. But when such informal support isnt avail43able or isnt sufficient, society must establish and secure access to institutionalized sup44port systems that answer to the needs of these individuals. J_ID: META Customer A_ID: META12204 Cadmus Art: META12204 Ed. Ref. No.: 12204 Date: 29-August-16 Stage: Page ID: geethapriya.p Time: 10:42 I Path: //10.18.11.53/home$/geethapriya.p$/JW-META160024 DIANA TIETJENS MEYERS14 VC 2016 Metaphilosophy LLC and John Wiley & Sons Ltd 1supportive social contexts, it follows that a defensible account of sur2vival agency should prioritize skilled survival and remainder survival 3with respect to life and health over remainder survival with respect to 4moral character. In many cases, I conclude, victims of evils can post5pone addressing the state of their moral character until after an evil is 6past or until they get a respite from a nonterminal, possibly intermina7ble, evil or access to whatever support services they need. 85. Surviving Trafficking and Sexual Violence 9Few if any periods of human history have been free of the evil of mass 10sexual violence during armed combat. As I write, ISIS-the self11proclaimed Islamic caliphate-is perpetrating such an evil in the terri12tory it has occupied. The main targets are Yezidi women and girls, who 13are abducted in military campaigns in northern Iraq, sold or given to 14ISIS fighters and other men, and subsequently raped over extended 15periods of time. The ISIS perpetrators are shameless in their self16serving piety as revivers of the institution of sexual slavery. The organi17zation has publicly proclaimed purportedly Sharia-sanctioned rules 18governing buying, selling, gifting, and emancipating Yezidi women and 19girls (Callimachi 2015). The testimony of women and girls who have 20escaped from their captors gives the lie to this sanctimonious nonsense. 21In this section, however, I focus not on the abominations of trafficking 22in persons and mass sexual abuse but rather on the survival agency of 23the victims of these crimes against humanity. 24Pretense is a survival strategy that victims deploy in several ways. 25Despite their deep religious faith, some victims report pretending to go 26along with their captors demands that they convert to Islam. One 27woman describes how she avoided betraying her faith while feigning 28compliance with Islamic practices: "We were forced to read the Quran 29and we started to pray slowly. We started to behave like actors" 30(Human Rights Watch 2015). Some abductees try to use Islamic sexual 31mores to defend themselves. Because Islam forbids sex with a pregnant 32woman, some women claim to be pregnant: "There was an American 33man there, who did not speak Arabic. He told me that I must marry 34him to become Muslim. He asked me to wash myself and then marry 35him. I told him that I was pregnant and could not have sex, so he 36brought me to a doctor and when he found out that I lied he beat me" 37(Salim 2015; also see Amnesty International 2014). Whether deviously 38pretending to comply with the demands of their captors or protesting 39their unfitness for sex, many Yezidi women and girls do their best to 40preserve their integrity and defend themselves under brutal conditions. 41In addition to these subterfuges, some captives try to make them43selves sexually undesirable by smearing themselves with dirt and J_ID: META Customer A_ID: META12204 Cadmus Art: META12204 Ed. Ref. No.: 12204 Date: 29-August-16 Stage: Page ID: geethapriya.p Time: 10:42 I Path: //10.18.11.53/home$/geethapriya.p$/JW-META160024 SURVIVING EVILS AND THE PROBLEM OF AGENCY 15 VC 2016 Metaphilosophy LLC and John Wiley & Sons Ltd 1refusing to bathe. Others try futilely to fight off their captors. Ulti2mately, however, escape is the main survival strategy the victims report. 3The daring, resourcefulness, and determination of the escapees is 4striking: 5I wore the black abaya and run [sic] away. I found some taxis and got into 6one asking the driver to take me to see my uncle at the border with Turkey. 7An ISIS car stopped the taxi and questioned the man and myself. They 8asked me what I was doing alone, without children outside the house. Then 9the taxi driver told the men that my uncle had an accident and he was help10ing me to get to him. They let us go, and the man drove me to Tel Abyad 11at the border with Turkey, where I was rescued. 12In a house one day I found a phone, which was probably left by one of the 13fighters. I took it and called my father, who worked in Erbil. My father paid 14a smuggler $4,000 to get me out of Tal Afar and into safety to the 15Peshmerga. 16I tried to escape once, but the soldiers found me in the streets, and brought 17me back. The man beat me hard, and lashed me with an electrical cable. He 18told me that if I did not want to stay there and marry him he would sell me 19to somebody worse. He gave me three days to think about it. The next day, 20when he was not there, his wife came to me, and told me that she could 21help me escape to a Kurdish family living in the neighborhood. She took 22me there when her husband was out and I asked the Kurdish family to help 23me, I begged them. I stayed with them for five months. Then one day we 24could finally arrange with my father to meet at the border with Turkey. The 25Kurdish man gave me his daughters ID and drove me to the border, where 26I was finally rescued. (Salim 2015) 27 28Although each of these women was lucky in being able to rely on oth29ers assistance with her escape, each is intrepid in pursuit of her free30dom, adroit at taking advantage of escape routes, and unshakable in 31her resolve to return to her family and community.9 32Although it is important to acknowledge the survival agency that 33individual Yezidi women exercise, it is also important to acknowledge 34the social support for the recovery of the victims provided by the Yezidi 35community. Unlike in many other sexual-violence atrocities, a Yezidi 36spiritual leader, Baba Sheikh, has advocated welcoming women and 37girls who have been raped while in ISIS captivity back into the commu38nity. There is speculation that the Yezidis are compelled to behave so 39magnanimously because they are such a tiny minority that the alterna40tive would be ethnic suicide. But I doubt this is the whole story. 419 I dont want to paint an unduly rosy picture, however. Some captives despair: "We 42were 21 girls in a room, two of them were very young, 10–12 years. One day we were 43given clothes that looked like dance costumes and were told to bathe and wear those 44clothes. Jilan killed herself in the bathroom. She cut her wrists and hanged herself. She 45was very beautiful" (Amnesty International 2014; also see Human Rights Watch 2015). J_ID: META Customer A_ID: META12204 Cadmus Art: META12204 Ed. Ref. No.: 12204 Date: 29-August-16 Stage: Page ID: geethapriya.p Time: 10:42 I Path: //10.18.11.53/home$/geethapriya.p$/JW-META160024 DIANA TIETJENS MEYERS16 VC 2016 Metaphilosophy LLC and John Wiley & Sons Ltd 1One report tells of a husbands fear that his nineteen-year-old wife 2might be suicidal and of his devoted attention to her in the aftermath of 3her ISIS-inflicted ordeal, and also of a grandfathers tender concern and 4care for his sixteen-year-old granddaughter (Amnesty International 2014). 5Although the same report notes the shame and stigma customarily asso6ciated with sex outside marriage or sex with a man of a different faith, it 7is undeniable that Yezidi activists and families are taking great risks and 8going to enormous expense to rescue girls and women who have been 9abducted, and there is no credible evidence of recriminations against 10women and girls who have come home. Arguably affection for beloved 11wives and daughters, regard for female Yezidi coreligionists, and empathy 12for the female victims of ISIS are winning out over age-old taboos. There 13is reason to hope, then, that these victims will eventually prevail and sur14vive morally as well as physically and psychologically. 15Survival agency is the weapon of last resort for victims of evils- 16people who are as disempowered as possible by an evil deed, evil prac17tices, evil social structures, or evil environments. To save themselves, 18victims must discover fortuitous, situational opportunities for self19protection. To notice and exploit these opportunities, victims must have 20appropriate traits of character, personality traits, and skills. Although I 21agree with Card that moral remainder survival is a vital component of 22true survival, I question whether victims assailed by the inexcusable 23harms evils inflict can anticipate which courses of conduct are incom24patible with moral remainder survival, and therefore I question whether 25they must put achieving this end on a par with life and health remain26der survival while subjected to an evil. Indeed, I think that one way to 27construe Bierrias emancipatory agency-a way that is in keeping with 28Cards theory of evils-would be to include in it a capacity to bring 29about a world in which the probability of developing a good moral 30character in childhood would be maximized and no one would be 31deprived of the opportunity to restore her good character or reconfig32ure her character for the better as an adult. Otherwise, as Card knew 33so well, victims of evils can only entrust their moral fate to luck. 34 35Department of Philosophy 36University of Connecticut 37Storrs, CT 06269-1054 38USA 39diana.meyers@uconn.edu 40Acknowledgments 41Thanks to Lori Gruen and the participants in a Society for Analytic 42Feminism session at the 2016 APA Central Division meetings for help43ful comments on a draft of this essay. J_ID: META Customer A_ID: META12204 Cadmus Art: META12204 Ed. Ref. No.: 12204 Date: 29-August-16 Stage: Page ID: geethapriya.p Time: 10:42 I Path: //10.18.11.53/home$/geethapriya.p$/JW-META160024 SURVIVING EVILS AND THE PROBLEM OF AGENCY 17 VC 2016 Metaphilosophy LLC and John Wiley & Sons Ltd 1 2References 3Amnesty International. 2014. 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No.: 12204 Date: 29-August-16 Stage: Page ID: geethapriya.p Time: 10:42 I Path: //10.18.11.53/home$/geethapriya.p$/JW-META160024 SURVIVING EVILS AND THE PROBLEM OF AGENCY 19 VC 2016 Metaphilosophy LLC and John Wiley & Sons Ltd AUTHOR QUERY FORM Dear Author, During the preparation of your manuscript for publication, the questions listed below have arisen. Please attend to these matters and return this form with your proof. Many thanks for your assistance. Query References Query Remarks AQ1 Please confirm that given names (red) and surnames/ family names (green) have been identified correctly. J_ID: META Customer A_ID: META12204 Cadmus Art: META12204 Ed. Ref. No.: 12204 Date: 29-August-16 Stage: Page ID: geethapriya.p Time: 10:42 I Path: //10.18.11.53/home$/geethapriya.p$/JW-META