A little more than two years ago, a Texas woman, faced with a knife-wielding intruder demanding sex from her, tried to talk her attacker into wearing a condom to protect herself against the possibility of contracting AIDS. A grand jury refused to indict the man because jurors believed that the woman's act of self-protection implied that she had consented to sex.

The issue of acquaintance rape has been gaining increased prominence in recent years. In this book Joan McGregor analyses the ethical and legal problems that arise in connection with acquaintance rape cases. She discusses with great clarity and precision the complexities involved in notions such as consent, force, autonomy, power, intention and the impairment of responsibility through drugs, alcohol and mental illness. Arguing that criminal rape laws are too narrow, capturing only cases where there is clearly recognized physical violence (...) and resistance from the victim, she sets out a new proposal for how the criminal law should deal with cases of nonconsensual sex which captures the ideals of a liberal political society and in particular the idea of equality. This book explains fully what it means when a woman says no and means no. (shrink)

Ethical review systems need to build on their experiences of COVID-19 research to enhance their preparedness for future pandemics. Recommendations from representatives from over twenty countries include: improving relationships across the research ecosystem; demonstrating willingness to reform and adapt systems and processes; and making the case robustly for better resourcing.

This essay demonstrates how the early Enlightenment salonnière madame de Lambert advanced a novel feminist intellectual synthesis favoring women's taste and cognition, which hybridized Cartesian and honnête thought. Disputing recent interpretations of Enlightenment salonnières that emphasize the constraints of honnêteté on their thought, and those that see Lambert's feminism as misguided in emphasizing gendered sensibility, I analyze Lambert's approach as best serving her needs as an aristocratic woman within elite salon society, and show through contextualized analysis how she deployed honnêteté (...) towards feminist ends. Additionally, the analysis of Malebranche's, Poulain de la Barre's, and Lambert's arguments about the female mind's gendered embodiment illustrates that misrepresenting Cartesianism as necessarily liberatory for women, by reducing it to a rigid substance dualism, erases from view its more complex implications for gender politics in the late seventeenth and early eighteenth centuries, especially in the honnête environment of the salons. (shrink)

This article demonstrates that Memento (Christopher Nolan, 2000) meets both conditions of Paisley Livingston's bold thesis of cinema as philosophy. I delineate my argument in terms of Aaron Smuts's clarifications of Livingston's conditions. The results condition, which is concerned with the nature of the philosophical content, is developed in relation to Berys Gaut's conception of narrational confirmation, which I designate ‘experiential affirmation.’ Because experiential affirmation is a function of cinematic depiction, it meets Livingston's means condition, which is concerned with the (...) capacities of the medium or art form. I address two objections to my argument and conclude with a brief commentary on the implications for the broader relationship between film and philosophy. (shrink)

This article argues that rape myths and domestic abuse myths constitute hermeneutical injustices. Drawing on empirical research, I show that the prevalence of these myths makes victims of rape and of domestic abuse less likely to apply those terms to their experiences. Using Sally Haslanger's distinction between manifest and operative concepts, I argue that in these cases, myths mean that victims hold a problematic operative concept, or working understanding, which prevents them from identifying their experience as one of rape or (...) of domestic abuse. Since victims in this situation lack the conceptual resources needed to render their experience sufficiently intelligible, they are suffering a form of hermeneutical injustice. Attending to this distinctive case sheds new light not only on the functioning of social myths of this kind but on the nature of hermeneutical injustice itself, since the case of the victim who accepts myths is importantly different from other cases of hermeneutical injustice discussed in the literature to date. In practical terms, this analysis supports calls for juries in rape trials to be warned about rape myths at the start of the trial, and may have implications for calls for statutory Sex and Relationships Education in schools. (shrink)

This article presents two studies that examine cause-related marketing promotions that require consumers’ active participation. Requiring a follow-up behavior has very valuable implications for maximizing marketing expenditures and customer relationship management. Theories related to ethical behavior, like motivated reasoning and defensive denial, are used to explain when and why consumers respond negatively to these effort demands. The first study finds that consumers rationalize not participating in CRM by devaluing the sponsored cause. The second study identifies a tactic marketers can utilize (...) to neutralize consumers’ use of defensive denial. Allowing the consumer to choose the sponsored cause seems to effectively refocus their attention and increases consumers’ threshold for campaign requirements. Implications for nonprofits and marketing managers include a tendency for consumers to be more likely to perceive a firm as ethical and socially responsible when they are allowed to choose the specific cause that is supported. (shrink)

Does the “free market” foster more freedom for individuals generally and less coercion? Libertarians and other market advocates argue that the unfettered market maximizes freedom and hence has less coercion than any feasible alternative. Welfare liberals, Socialist, and Marxists, in different ways, argue against the claim that the unrestricted market maximizes freedom generally. Both supporters and critics agree that coercion undermines freedom and that that is what is ultimately prima facie wrong with it. Further, they agree that the extent to (...) which an economic system includes coercion provides a serious strike against it. The problem is that there is little consensus on the necessary conditions for coercion. In this paper I will be concerned with the nature of coercive relationships in the market. Market interactions have a particular character and occur within a specific institutional framework. Other accounts of coercion have failed to capture the unique character of coercion in the market because they have failed to take into account certain nontrivial facts about the market which are essential to the analysis of coercive market relations. (shrink)

The way society is organised means that we all get made into members of various types of people, such as judges, wives, or women. These ‘human social kinds’ may be brought into being by oppressive social arrangements, and people may suffer oppression in virtue of being made into a member of a certain human social kind. This book argues that we should pay attention to the ways in which the very fact of being made into a member of a certain (...) human social kind can be oppressive in and of itself. For example, someone who becomes a wife under circumstances where husbands have unjust powers over their wives has suffered a wrong, even if her husband never in fact exercises these powers. The book argues that social movements against racial and gendered oppression, including efforts to advance trans liberation, must get to grips with this phenomenon, and it supplies the conceptual tools needed to do so. The first tool is an analysis of this general form of wrong, termed ‘ontic injustice’. The second tool is an account of ‘ontic oppression’, a particular kind of ontic injustice in which the wrong amounts to a form of oppression, in the sense of being structural and pervasive. The third tool is a pluralist account of race and gender kinds, according to which there is no single social kind that corresponds to a gender category such as ‘woman’, but, rather, there are various different social kinds, each of which is explanatory for different purposes. (shrink)

Much of the most influential free speech scholarship emphasises that ‘political speech’ warrants the very highest standards of protection because of its centrality to self-governance. This central idea mitigates against efforts to justify the regulation of political speech and renders some egregiously offensive or harmful speech worthy of protection from a theoretical perspective. Yet paradoxically, in practice, in many liberal democracies such speech is routinely restricted. In this paper, I develop an argument that is compatible with both the argument from (...) democracy and the notion of political speech, and that can justify the regulation of hate speech, by joining an understanding of the constitutive role of speech in individuals’ lives derived from Nussbaum's capabilities theory with ideas of democratic deliberation and legitimation drawn from a Habermasian framework. This approach attends to the conditions required at an individual level for democratic legitimation to occur at a social level. It permits the development of a robust theoretical justification for the protection of a broad range of speech. It simultaneously provides a guiding framework for regulatory policy designed to ameliorate the effects of, and inhibit the expression of, that speech, which could imperil the conditions required for individuals to develop their own capabilities and which instantiates anti-democratic practice, and thus discourse, preventing the very communications required to perform democracy from being uttered. Thus, my argument also strengthens and transforms the argument from democracy as a justification for free speech protection more generally. (shrink)

One challenge in providing an adequate definition of physical disability is unifying the heterogeneous bodily conditions that count as disabilities. We examine recent proposals by Elizabeth Barnes (2016), and Dana Howard and Sean Aas (2018), and show how this debate has reached an impasse. Barnes’ account struggles to deliver principled unification of the category of disability, whilst Howard and Aas’ account risks inappropriately sidelining the body. We argue that this impasse can be broken using a novel concept: marginalised functioning. Marginalised (...) functioning concerns the relationship between a person’s bodily capacities and their social world: specifically, their ability to function in line with the default norms about how people can typically physically function that influence the structuring of social space. We argue that attending to marginalised functioning allows us to develop, not one, but three different models of disability, all of which—whilst having different strengths and weaknesses—unify the category of disability without sidelining the body. (shrink)

In this paper, I aim to shed some light on what rape myths are and what we can do about them. I start by giving a brief overview of some common rape myths. I then use two philosophical tools to offer a perspective on rape myths. First, I show that we can usefully see rape myths as an example of what Miranda Fricker has termed ‘epistemic injustice’, which is a type of wrong that concerns our role as knowers. Then, I (...) show that it is important to recognise that rape myths are instances of misogyny. This word is of course a more familiar one, but I'll be drawing on a specific philosophical account of what misogyny is, developed by Kate Manne, that I think is useful here. Finally, I briefly consider some upshots of these claims. (shrink)

The genetic revolution is well underway, with genetic research and knowledge expanding at an exponential rate. Much of the new genetics research is focused on population groups, and proponents of “population genomics” argue that such studies are necessary since genetic “variation” among human populations holds the most promise for technological innovations that can improve human health and lead to increased understanding of the origin of human populations. Population genomic research thus targets specific groups to discover variation that could lead to (...) knowledge about genetic disorders, possible cures, and the origin and migration patterns of distinctive peoples. Research on genetic differences among groups or populations, however, raises many pressing ethical and legal questions. For example, focus on biological differences of racial and ethnic groups has in the past lead to assumptions about superiority and inferiority between groups, and in practice resulted in stigmatization and discrimination. Consequently, attention on groups should raise legal and moral red flags and compel us to move cautiously in this area. Pragmatically, targeting population groups as the object of study requires the determination of the nature and scope of “population groups” for purposes of genetics research. (shrink)

This special issue focuses on transdisciplinarity, understood as iteratively crossing back and forth and moving among and beyond disciplinary and sectoral boundaries to solve the complex, wicked pr...

This paper is a cross-cultural examination of the development of hunting skills and the implications for the debate on the role of learning in the evolution of human life history patterns. While life history theory has proven to be a powerful tool for understanding the evolution of the human life course, other schools, such as cultural transmission and social learning theory, also provide theoretical insights. These disparate theories are reviewed, and alternative and exclusive predictions are identified. This study of cross-cultural (...) regularities in how children learn hunting skills, based on the ethnographic literature on traditional hunters, complements existing empirical work and highlights future areas for investigation. (shrink)

Narrative Justice presents an argument for a contemporary theory of aesthetic education, followed by examples of that theory in practice.1 I use aesthetic education in its strict philosophical sense, that is, as a thesis about the relationship between aesthetic or artistic value on the one hand and moral and political value on the other hand. The crux of the thesis is that there is some kind of causal relation between aesthetic experiences and moral development. The term is ambiguous because an (...) aesthetic education is not an education in aesthetics but an education by aesthetics, specifically a moral education by aesthetic means, which is, in turn, a means to the end of political education.The thesis originates with... (shrink)

:Team reasoning is thought to be descriptively and normatively superior to the classical individualistic theory of rational choice primarily because it can recommend coordination on Hi in the Hi-Lo game and cooperation in Prisoner's Dilemma-type situations. However, left unanswered is whether it is rational for individuals to become team members, leaving a gap between reasons for individuals and reasons for team members. In what follows, I take up Susan Hurley's attempt to show that it is rational for an individual to (...) become a team member. I argue that her account fails to show that becoming a team member is necessary to gain the advantages of coordination in Hi-Lo games or cooperation in Prisoner's Dilemma-type situations, and that individuals will often fare better reasoning as individual agents than as members of a team. I argue further that there is a more general problem for team reasoning, specifically that the conditions needed to make it rational for a team member to employ team reasoning make becoming a team member unnecessary. (shrink)

Artificial intelligence and robotics have increasingly been adopted in agri-food systems—from milking robots to self-driving tractors. New projects extend these technologies in an effort to automate skilled work that has previously been considered dependent on human expertise due to its complexity. In this paper, we draw on qualitative research carried out with farm managers on apple orchards and winegrape vineyards in Aotearoa New Zealand. We investigate how agricultural managers’ perceptions of future agricultural automation relates to their approach to expertise, or (...) the degree to which they think specialised skills and knowledge are required to perform agricultural work on their orchards and vineyards. Our research generates two insights: the perceived potential for work to be automated is related to the degree to which it is seen to require technical or embodied expertise, with technical expertise being more automatable; and, while embodied expertise is perceived to be more difficult to automate, it is sometimes attributed more exclusively to those in positions of power, such that embodied expertise can be highly valued while the majority of embodied work is viewed as non-expert and thus automatable. Our analysis illustrates that a robot can be an expert when expertise is technical. It also shows variability in the conceptualization of skilled or unskilled work, and that those conceptualizations can set the stage for the future effects of new technologies. This generates new insights into the conditions under which automation might reproduce existing inequalities in agriculture, and also raises new questions about responsibility in the context of automation. (shrink)

The purpose of this article is to show that the value interaction debate is deeply flawed and constitutes a superficial analysis of the relationship between morality and art. I introduce the debate, which concerns whether a moral defect in a work of art is an aesthetic defect, in Section 1. Section 2 establishes the vagueness of two key terms in the discussion, _moral defects_ and _aesthetic defects_. In Section 3, I introduce the naive assumption-uninteresting claim disjunction, identifying five of the (...) six approaches as demonstrating a fundamental naivety about the relationship between morality and narrative art. I show, in Section 4, that four of the six are philosophically uninteresting as they offer an incomplete—and ultimately unsatisfactory—explanation of this relationship. In Section 5, I discuss the quantity and quality of examples employed in the debate, many of which are non-canonical, and some of which are entirely inappropriate. I conclude by recommending a reorientation of the debate to focus on the underlying question of whether the characteristically artistic value is finally or instrumentally valuable. (shrink)

This important new book provides an original and compelling argument for a new theory of aesthetic education. Rafe McGregor proposes a model of interdisciplinary inquiry, applying a combined philosophical and critical approach to illuminate issues in a social science. The book makes an original contribution to the field of narrative criminology.

Criminology has been reluctant to embrace fictional narratives as a tool for understanding, explaining and reducing crime and social harm. -/- In this philosophical enquiry, McGregor uses examples from films, television, novels and graphic novels to demonstrate the extensive criminological potential of fiction around the world. Building on previous studies of non-fiction narratives, the book is the first to explore the ways criminological fiction provides knowledge of the causes of crime and social harm. -/- For academics, practitioners and students, (...) this is an engaging and thought-provoking critical analysis that establishes a bold new theory of criminological fiction. (shrink)

The purpose of this paper is to re-examine the debate about cinematic motion in terms of the necessity for reception conditions in art. I shall argue that Gregory Currie’s rejection of weak illusionism – the view that cinematic motion is illusory – is sound, because cinematic images really move, albeit in a response-dependent rather than garden-variety manner. In §1 I present Andrew Kania’s rigorous and compelling critique of Currie’s realism. I assess Trevor Ponech’s response to Kania in §2, and show (...) that his focus on the cinematic experience is indicative of the direction the debate should take. §3 demonstrates that the issue is underpinned by the question of the role of reception conditions in the experience of art. In §4 I apply my observations on reception conditions to the problem of cinematic motion and conclude that Kania’s objections are unsuccessful due to his failure to acknowledge the necessary conditions for cinematic experience. (shrink)

The conferralist account of social properties that Ásta develops and defends in Categories We Live By is persuasive in many ways. Conferralism could however do better, by its own lights, at handling the phenomenon of intersectionality. This paper first suggests a friendly amendment to the schema for conferrals that Asta offers. This helps to explain the difficulty concerning intersectionality. Finally, the paper suggests a way of developing the conferralist account that would resolve this difficulty.

Volume 20, Issue 5, June 2020, Page 4-6.

Although the concept of gender identity plays a prominent role in campaigns for trans rights, it is not well understood, and common definitions suffer from a problematic circularity. This paper undertakes an ameliorative inquiry into the concept of gender identity, taking as a starting point the ways in which trans rights movements seek to use the concept. First, I set out six desiderata that a target concept of gender identity should meet. I then consider three analytic accounts of gender identity: (...) the dispositional account, the self-identification account, and the norm-relevancy account. I argue that only the norm-relevancy account can meet all six desiderata. Finally, I defend the norm-relevancy account from three objections: that it is cis-normative, that it has problematic implications regarding trans women, and that it entails that some people do not have the gender identity they take themselves to have. (shrink)

In this article, I identify a distinctive form of injustice—ontic injustice—in which an individual is wronged by the very fact of being socially constructed as a member of a certain social kind. To be a member of a certain social kind is, at least in part, to be subject to certain social constraints and enablements, and these constraints and enablements can be wrongful to the individual who is subjected to them, in the sense that they inflict a moral injury. The (...) concept of ontic injustice is valuable in three main ways: it draws our attention to the role played by social kinds in enacting wrongful constraints and enablements; it clarifies our options for developing accounts of the ontology of particular social kinds, such as gender kinds; and, along with the related concept of ‘ontic oppression’, it helps us to understand and respond to oppression. (shrink)

The terms ‘hate’ and ‘hatred’ are increasingly used to describe the rationale of a kind of anti-Western terrorist-extremist speech. This discursively links this kind of terrorist-extremist speech with the well-known concept of ‘hate speech’, a link that suggests the two phenomena are more alike than they are unlike. In this article I interrogate the similarities and differences between anti-Western terrorist-extremist speech and hate speech as they manifest in Western liberal democratic states along two axes: to whom the speech is addressed, (...) and how harm is occasioned. Relying on a combination of philosophical conceptions and public policy empirics, I demonstrate that there are significant differences between the two types of speech, especially in their mechanisms of harm. The implications of this analysis are that these differences should be better understood in order to respond appropriately to these two distinct types of harmful speech. (shrink)

The term sustainability can be used so liberally within production industries that it becomes meaningless. There is also recognition that for sustainability to be a useful concept, it must be crafted for the context in which it is deployed. A paradox of sustainability, it seems, lies in the conflict between the practical adoptability and context specificity of programs paired with the need for significant change. One response for those grappling with this sustainability challenge has been to adopt flexible approaches to (...) sustainability through the development of technologies and governance processes that focus on benchmarking, monitoring and ongoing change, rather than hard limits and targets. In this paper we elaborate on this point by evaluating how sustainability programs in a transition context can be seen as deliberative platforms and thus actors in governance processes. Through an analysis of the development of a sustainability program deployed in the wine industry in New Zealand, we argue that a widely adopted and clearly defined program can be an asset to democratic environmental governance, if viewed as a shared project. Drawing on interviews with key personnel in the wine industry and reviews of industry literature and media, we suggest that substantiating sustainability can have benefits for environmental governance through the precipitation of distinction and dialogue. We conclude with some suggestions about how to encourage visionary forms of practice and engagement with sustainability programs in ways that can aid their democratic development and expand the reach of their goals. (shrink)

Katharine Tait, daughter of Bertrand and Dora Russell, here vividly portrays the extraordinary and stimulating environment she grew up in. In refreshing contrast to the interpretation of Russell as philosopher and public figure, Tait's is a close personal account of her deep love and admiration for her father and its gradual tempering by the imperfections she came to see in him. Touchingly written and beautifully described, the book shows Russell to be a man of great warmth, charm and humour, (...) but is also a testament to the traumas created when he applied his views on marriage and education to his own home. My Father Bertrand Russell is essential reading for those seeking to understand the private background to Russell's ideas, the personal effects of his lifestyle prescriptions, and what it was like to live with a man of such genious. (shrink)

Contemporary feminist critics have often described Surrealism as a misogynist movement. In Automatic Woman, Katharine Conley addresses this issue, confirming some feminist allegations while qualifying and overturning others. Through insightfuløanalyses of works by a range of writers and artists, Conley develops a complex view of Surrealist portrayals of Woman. Conley begins with a discussion of the composite image of Woman developed by such early male Surrealists as Andrä Breton, Francis Picabia, and Paul Eluard. She labels that image ?Automatic Woman??a (...) term that comprises views of Woman as provocative and revolutionary but also as a depersonalized object largely devoid of individuality and volition. This analysis largely confirms feminist critiques of Surrealism. The heart of the book, however, examines the writings of Leonora Carrington and Unica Z_rn, two women in the Surrealist movement whose works, Conley argues, anticipate much contemporary feminist art and theory. In concluding, Conley shows how Breton?s own views on women evolved in the course of his long career, arriving at last at a position far more congenial to contemporary feminists. Automatic Woman is distinguished by Katharine Conley?s judicious understanding of how women?and the image of Woman?figured in Surrealism. The book is an important contemporary account of a cultural movement that continues to fascinate, influence, and provoke us. (shrink)

David Benatar argues that coming into existence is always a harm, and that – for all of us unfortunate enough to have come into existence – it would be better had we never come to be. We contend that if one accepts Benatar’s arguments for the asymmetry between the presence and absence of pleasure and pain, and the poor quality of life, one must also accept that suicide is preferable to continued existence, and that his view therefore implies both anti-natalism (...) and pro-mortalism . This conclusion has been argued for before by Elizabeth Harman – she takes it that because Benatar claims that our lives are ‘awful’, it follows that ‘we would be better off to kill ourselves’ (Harman 2009: 784). Though we agree with Harman’s conclusion, we think that her argument is too quick, and that Benatar’s arguments for non-pro-mortalism deserve more serious consideration than she gives them. We make our case using a tripartite structure. We start by examining the prima facie case for the claim that pro-mortalism follows from Benatar’s position, presenting his response to the contrary, and furthering the dialectic by showing that Benatar’s position is not just that coming into existence is a harm, but that existence itself is a harm. We then look to Benatar’s treatment of the Epicurean line, which is important for him as it undermines his anti-death argument for non-pro-mortalism. We demonstrate that he fails to address the concern that the Epicurean line raises, and that he cannot therefore use the harm of death as an argument for non-pro-mortalism. Finally, we turn to Benatar’s pro-life argument for non-pro-mortalism, built upon his notion of interests, and argue that while the interest in continued existence may indeed have moral relevance, it is almost always irrational. Given that neither Benatar’s anti-death nor pro-life arguments for non-pro-mortalism work, we conclude that pro-mortalism follows from his anti-natalism, As such, if it is better never to have been, then it is better no longer to be. -/- . (shrink)

This article discusses the relationship between the origins of the concept of post-normal science, its potential as a heuristic and the phenomenon of complex science entailed policy problems in late industrial societies. Drawing on arguments presented in the early works of Funtowicz and Ravetz, it is proposed that there is a fundamentally empirical character to the post-normal science call for democratizing expertise, which serves as an antidote to late industrial poisoning of the fairy tale ideal of a clean divide between (...) science and politics. Post-normal science extended-peer-review methodology is interpreted as a response to a crisis in the governance of science. Rather than viewing extended-peer-review processes as products of the post-normal science discourse, here the post-normal science discourse is understood to provide a heuristic lens through which existing complex science/society collaborations and conflicts can be better understood. Two different post-normal science situations—management of mega-contamination in Bitterfeld, Germany, and eviction of the Parakuiyo Maasai from the eastern wetlands of the Usangu plains of Tanzania—are presented and the implications of their de facto extended-peer-review structures are discussed, to illustrate this heuristic potential. (shrink)

This article demonstrates the literary value of hardboiled detective fiction. I consider two different arguments for literary value, one based on Martin Heidegger's philosophy of art and the other on the tradition of form-content inseparability in literary aesthetics and literary criticism. The former is reliant on the genre's combination of formal complexity with substantive superficiality and the latter on the combination of formal complexity with substantive complexity. I employ Raymond Chandler's The Big Sleep (1939) and Nelson DeMille's Plum Island (1997) (...) as examples, focusing on the question of whether they have thematic content. I demonstrate that the novels instantiate substantive themes—about corruption, alienation, and moral amnesia—in consequence of which the argument for form-content inseparability is more compelling. I conclude by suggesting that form-content inseparability underpins both the literary value of hardboiled detective fiction and the genre's capacity for aesthetic education. (shrink)

: In this essay, I contend that feminist theories of citizenship in the U.S. context must go beyond simply acknowledging the importance of race and grapple explicitly with the legacies of slavery. To sketch this case, I draw upon W.E.B. Du Bois's "The Damnation of Women," which explores the significance for all Americans of African American women's sexual, economic, and political lives under slavery and in its aftermath.