Politicians select their words meticulously, never losing sight of their ultimate communicative goal. Sometimes, their objective may be that of not being fully understood by a large portion of the audience. They can achieve this by means of dogwhistles; linguistic expressions that, in addition to their literal meaning, convey a concealed message to a specific sub-group of the audience. This paper focuses on the distinction between overt and covert dogwhistles introduced by J. Saul (2018). I argue that, (...) even if the distinction successfully captures a genuine divide within the category of dogwhistles, the account proposed by Saul to explain the distinction is unsatisfactory. In response to this state of affairs, I illustrate how the distinction between overt and covert dogwhistle can be refined and illuminated by incorporating it into the 'Simple Theory' of dogwhistles advanced by J. Khoo (2017). (shrink)

Journal of Social Philosophy, EarlyView.

This essay explores the speech act of dogwhistling (sometimes referred to as ‘using coded language’). Dogwhistles may be overt or covert, and within each of these categories may be intentional or unintentional. Dogwhistles are a powerful form of political speech, allowing people to be manipulated in ways they would resist if the manipulation was carried outmore openly—often drawing on racist attitudes that are consciously rejected. If philosophers focus only on content expressed or otherwise consciously conveyed they may (...) miss what is most powerful and pernicious in the speech of political culture. This essay is a call to start paying attention to these more covert speech acts, and a first attempt at beginning to theorize them. It argues that dogwhistles present a complex and interesting case for the philosopher of language, and explores their implications for democratic politics. (shrink)

‘Dogwhistle’ refers to a kind of political manipulation that some people carry out for political gains. According to Saul (2018), dogwhistles can be either intentional or unintentional depending on whether the speaker carried out the dogwhistle deliberately or not —although one cannot always recognize whether a particular case was intentional. In addition to being intentional or not, dogwhistles can also be overt or covert depending on whether the audience is aware or not of the dogwhistle. In the (...) case of overt dogwhistles, the speaker addresses a message to an audience with two possible interpretations. One of these is coded and affects only a subset the audience (Witten 2014). Covert dogwhistles, on the other hand, are not really about sending a “coded message.” Instead, they raise attitudes to salience, so people will act on them without realizing they are being moved on them. As Stanley (2015) points out, these kinds of dogwhistles work as a strategy for undermining democratic ideals without immediate rejection. Our key question is whether covert dogwhistles constitute a special form of implicit communication or whether they can be reduced to already existing forms of implicit communication such as presuppositions or implicatures. We will focus on covert dogwhistles because they seem more difficult to accommodate within the traditional categories of presuppositions and implicatures. To carry out this task, we compare the features of each of the mentioned phenomena and analyse how they behave in the face of retraction. (shrink)

Political communication in modern democratic societies often requires the speaker to address multiple audiences with heterogeneous values, interests and agendas. This creates an incentive for communication strategies that allow politicians to send, along with the explicit content of their speech, concealed messages that seek to secure the approval of certain groups without alienating the rest of the electorate. These strategies have been labeled dogwhistling in recent literature. In this article, we provide an analysis of overt intentional dogwhistling. We recognize (...) two main stages within the OIDs’ way of conveying a concealed message: the expression of a perspective together with the transmission of an accompanying positioning message vis-à-vis the OID targeted sub-audience, and the inferential extraction of a set of cognitive and non-cognitive contents inferred on the basis of the former stage. Furthermore, we identify three linguistic mechanisms whereby these contents may be transmitted: conventional meaning, conversational implicature and perlocutionary inferencing. Hence, on our view OIDs are not a uniform category, as they may differ as to what extent the concealed content is speaker-meant, and thus actually communicated by the speaker. (shrink)

In recent years, scholars have vividly debated over the definition and features of dogwhistles. As Jennifer Saul has widely argued in her works, political dogwhistles are powerful tools of manipulation. However, the current debate still lacks a convincing definition of dogwhistles, which sometimes are treated like spy codes while, at other times, they are labelled as instances of hate speech, as in Santana (2019). Instead, I propose a definition of dogwhistles that is based on the analysis (...) of the audience design of utterances. I claim that dogwhistles are speech acts designed to secretly change the conversational role of a subset of the audience. Furthermore, they qualify as forms of disguisement - and not concealment, as claimed by the received view - that violate two important conversational responsibilities of the speaker (Clark and Carlson 1992). (shrink)

I argue that code words like “inner city” do not semantically encode hidden or implicit meanings, and offer an account of how they nonetheless manage to bring about the surprising effects discussed in Mendelberg 2001, White 2007, and Stanley 2015 (among others).

One of the characteristics of what has been called “dogwhistle politics” is the presence of a rhetoric that targets minority groups implicitly. For example, terms like ‘illegals’ and ‘illegal immigrants’, used to target Latin-Americans, have come to permeate the American political discourse as well as everyday conversations. Here I focus on how such expressions, which I call illegality frame code words (IFCW, for short), can be countered by recalcitrant hearers. I begin with the assumption that IFCWs are racial (...) class='Hi'>code words, conversational devices that convey implicit racial appeals while allowing for deniability. I then discuss how the existence of an Illegality Frame in the American Immigration debate supports their deniability. Lastly, I discuss how recalcitrant hearers can counter utterances that contain them. In particular, I propose reframing as an adequate strategy. In reframing, agents take control of the goals or the QUD (question under discussion) of the conversation to exclude certain topics from the common ground and include others. The idea is to “change the conversation” to neutralize problematic moves. This maneuver is advantageous not only because it helps to hinder veiled discriminatory practices, but also because it affords control over “the terms of the conversation”. (shrink)

Grammatical asymmetries in possessive constructions are overtly coded in about 18% of the world’s languages according to the World Atlas of Language Structures What primarily motivates these grammatical asymmetries is controversial and has been at the crux of the “iconicity vs. frequency” debate This paper contributes to this debate by focusing on the grammatical asymmetries of Paamese possessive constructions, and looking for the primary motivating factor in their multidimensional experiential context. After a careful account of four experiential dimensions of distance, (...) the degrees of experiential distance are shown to systematically correspond to the degrees of formal distance of the possessive constructions used to refer to these experiences. Relevant anthropological and linguistic data concerning Paamese is used to explore whether this correspondence between language and experience is primarily motivated by iconicity or economy. I argue that diagrammatic iconicity is the primary motivating factor for the grammatical asymmetries in Paamese possessive constructions, and that economy can account for some, but not all cases. I also show that economy and iconicity can collaborate in motivating some cases, and thus do not necessarily need to be opposed. (shrink)

In this study, we tested the linguistic relativity hypothesis by studying the effect of grammatical gender (feminine vs. masculine) on affective judgments of conceptual representation in Italian and German. In particular, we examined the within- and cross-language grammatical gender effect and its interaction with participants’ demographic characteristics (such as, the raters’ age and sex) on semantic differential scales (affective ratings of valence, arousal and dominance) in Italian and German speakers. We selected the stimuli and the relative affective measures from Italian (...) and German adaptations of the ANEW (Affective Norms for English Words). Bayesian and frequentist analyses yielded evidence for the absence of within- and cross-languages effects of grammatical gender and sex- and age-dependent interactions. These results suggest that grammatical gender does not affect judgments of affective features of semantic representation in Italian and German speakers, since an overt coding of word grammar is not required. Although further research is recommended to refine the impact of the grammatical gender on properties of semantic representation, these results have implications for any strong view of the linguistic relativity hypothesis. (shrink)

-/- Hate speech is a concept that many people find intuitively easy to grasp, while at the same time many others deny it is even a coherent concept. A majority of developed, democratic nations have enacted hate speech legislation—with the contemporary United States being a notable outlier—and so implicitly maintain that it is coherent, and that its conceptual lines can be drawn distinctly enough. Nonetheless, the concept of hate speech does indeed raise many difficult questions: What does the ‘hate’ in (...) hate speech refer to? Can hate speech be directed at dominant groups, or is it by definition targeted at oppressed or marginalized communities? Is hate speech always ‘speech’? What is the harm or harms of hate speech? And, perhaps most challenging of all, what can or should be done to counteract hate speech? -/- In part because of these complexities, hate speech has spawned a vast and interdisciplinary literature. Legal scholars, philosophers, sociologists, anthropologists, political theorists, historians, and other academics have each approached the topic with exceeding interest. In this current article, however, we cannot hope to cover how these many disciplines have engaged with the concept of hate speech. Here, we will focus most explicitly on how hate speech has been taken up within philosophy, with particular emphasis on issues such as: how to define hate speech; what are the plausible harms of hate speech; how an account of hate speech might include both overt expressions of hate (e.g., the vitriolic use of slurs) as well as more covert, implicit utterances (e.g., dogwhistles); the relationship between hate speech and silencing; and what might we do to counteract hate speech. (shrink)

Politics abounds with bad language: lying and bullshitting, grandstanding and virtue signaling, code words and dogwhistles, and more. But why is there so much bad language in politics? And what, if anything, can we do about it? In this paper I show how these two questions are connected. Politics is full of bad language because existing social and political institutions are structured in such a way that the production of bad language becomes rational. In principle, by modifying these (...) institutions we can reduce the prevalence of bad language. However, as I show, such practical efforts are fraught with difficulties. After first outlining an account of bad language (Section 1), I examine the rationality of three different types of bad language: inaccurate language, insincere language, and unclear language (Section 2). Next, I discuss the possibility of implementing institutional reforms to improve the quality of political discourse (Section 3). However, I then outline and discuss two serious complications for institutional reforms—namely, they create risk of abuse, and they could preclude instances of seemingly bad language that, in fact, are socially beneficial (Section 4). I conclude with some thoughts about how to pursue institutional reform in an appropriately circumspect manner (Section 5). (shrink)

Until recently, the accepted wisdom in the US was that overt racism would doom a national political campaign. This led to the use of covert messaging strategies like dogwhistles. Recent political events have called this wisdom into question. In this paper, I explore what has happened in recent years to our norms against racist speech, and to the ways that they are applied. I describe several mechanisms that seem to have contributed to the changes that I outline.

17 November 1979 You were reading a somewhat retro loveletter, the last in history. But you have not yet received it. Yes, its lack or excess of address prepares it to fall into all hands: a post card, an open letter in which the secret appears, but indecipherably. What does a post card want to say to you? On what conditions is it possible? Its destination traverses you, you no longer know who you are. At the very instant when from (...) its address it interpellates, you, uniquely you, instead of reaching you it divides you or sets you aside, occasionally overlooks you. And you love and you do not love, it makes of you what you wish, it takes you, it leaves you, it gives you. On the other side of the card, look, a proposition is made to you, S and p, Socrates and plato. For once the former seems to write, and with his other hand he is even scratching. But what is Plato doing with his outstretched finger in his back? While you occupy yourself with turning it around in every direction, it is the picture that turns you around like a letter, in advance it deciphers you, it preoccupies space, it procures your words and gestures, all the bodies that you believe you invent in order to determine its outline. You find yourself, you, yourself, on its path. The thick support of the card, a book heavy and light, is also the specter of this scene, the analysis between Socrates and Plato, on the program of several others. Like the soothsayer, a "fortune-telling book" watches over and speculates on that-which-must-happen, on what it indeed might mean _to happen, to arrive, to have to happen_ or _arrive, to let _or _to make happen _or _arrive, to destine, to address, to send, to legate, to inherit_, etc., if it all still signifies, between here and there, the near and the far, _da und fort_, the one or the other. You situate the subject of the book: between the posts and the analytic movement, the pleasure principle and the history of telecommunications, the post card and the purloined letter, in a word the transference from Socrates to Freud, and beyond. This satire of epistolary literature had to be farci, stuffed with addresses, postal codes, crypted missives, anonymous letters, all of it confided to so many modes, genres, and tones. In it I also abuse dates, signatures, titles or references, language itself. J. D. "With _The Post Card_, as with _Glas_, Derrida appears more as writer than as philosopher. Or we could say that here, in what is in part a mock epistolary novel, he stages his writing more overtly than in the scholarly works.... _The Post Card_ also contains a series of self-reflective essays, largely focused on Freud, in which Derrida is beautifully lucid and direct."—Alexander Gelley, _Library Journal_. (shrink)

The question I investigate concerns the ethics of clinical ethics consultation. To begin, I reconstruct and critically assess a widespread understanding of clinical medical ethics, one most prominently advanced by Mark Siegler. That examination reveals an overtly political strategy designed to reinforce physician authority. Next, John La Puma's work is discussed. Arguably the most prominent of Siegler's students, and certainly the most prolific, La Puma appears attentive to the problems in Siegler's view regarding clinical judgment. I conclude, however, that La (...) Puma assumes a relatively flexible system of formal rules and more extensive informal codes which define the concepts and procedures of medical consultation and which he simply transcribes for ethics consultation. ;Albert Jonsen and Stephen Toulmin have apparently endorsed this medicalized strategy. They contend that the view of ethics advocated by these physicians represents a "new" casuistry consistent if not identical to their own theory. I show that the casuist method of clinical ethical decision making simply appropriates features of the diagnostic apparatus embedded in the political economy of the enterprise of medicine and makes the role of ethicist parasitic on that of the physician as expert. Their casuistry, I argue, merely serves as a means to reinforce the standardized apparatus of professional authority exercised in medical procedures and concepts. ;Finally, I sketch an alternative way to think about how experience with other persons informs ethical decision making. On the basis of an extensive and nuanced account of an ethics consultation, I argue that to consult as a clinical philosopher in any situation is, necessarily, to be focused on that individual situation for its own sake. Clinical philosophy, as a result, must be done by attending strictly to what appears as it appears: the issues, concerns, and questions expressed, in their own terms, by those individuals whose situation it is. (shrink)

A representation is a remnant of previous experience that allows that experience to affect later behavior. This paper develops a metatheoretical view of representation and applies it to issues concerning representation in animals. To describe a representational system one must specify the following: thedomainor range of situations in the represented world to which the system applies; thecontentor set of features encoded and preserved by the system; thecodeor transformational rules relating features of the representation to the corresponding features of the represented (...) world; themedium, or the representation's physical instantiation; and thedynamics, or how the system changes with time. In part because of the behaviorist assumption that the hypothetical, covert changes occurring in an organism during learning correspond to the overt physical changes that are observed, issues of representation in animal behavior have been largely ignored as irrelevant or misleading. However, it can be inferred that representations, acting as models of environmental regularities, operate at many levels of behavioral functioning, both cognitive and noncognitive. Objections to the use of this concept in explanations of animal behavior, based on the claim that it is indeterminate and on behaviorist considerations of parsimony, can be answered. Animal representations may be specialized in terms of tasks and species. Data from tasks involving spatial memory, delayed matching-to-sample, and sequence learning suggest some foundations for a general theory of animal representations. (shrink)

The historical period of the 18th and early 19th century is usually perceived as the high point of human self-emancipatory optimism. Specifically, the Enlightenment believed that reason would guide humanity from darkness to the light. Ay, there's the rub, so rhymes the Bard of Avon, for wherefrom arriveth the urge to flee the dark? The rationalist propensity to remodel and re-invent the world is testament to a dreary and pessimistic analysis of the human condition. Thus, the Enlightenment made a largely (...) self-content analysis of the natural, traditional and historical condition of humanity which suggested that underneath its emancipatory, rationalist optimism lurks an unspoken perspective on reality that, in the verse of Alexander Pope, on weak wings, from far, pursues [its] flights. In this dissertation, I have called that perspective the horror of existence : the tacit acknowledgment that whatever is naturally and historically presented to the human agent is to be treated with suspicion. Nietzsche even declared such squinty eyes part and parcel of the bad blood of Western metaphysics in its ignoble resentment towards the vitalistic full-bloodedness of existence. Immanuel Kant and Arthur Schopenhauer are the protagonists in the investigation into the pessimistic focal point that looms underneath the Enlightenment s alleged optimism. Three points of inquiry are central to unravelling this pessimism. First, it is to be established that Immanuel Kant the proverbial vanguard of the Aufklärung actually subscribed to a sense of pessimism. Virtuous duty is the code word of Kant s ethics: to act in a fashion in opposition to certain countermoral inclinations. While Kant calls such behavior autonomy in the supposed fullest sense of the term, such autonomy is lacking in appeal in comparison to the pursuit of happiness. If rational morality is left unassisted, it remains in the perennial danger of being ineffective. The human agent is ill-disposed towards the moral law and radically inclined to overturn the moral world order. Accordingly, Kant turns to certain religious tools to bestow a kind of moral education that would augment the appeal of morality without ever making the human agent in any way inclined to moral virtue. At best, the human agent is justified in his/her rational faith to moral progress. In sum, while Kant believed that immanent rationality is the appropriate guide for moral pursuits, it is lacking in appeal to the finite and frail human agent. Second, it is to be shown that Schopenhauer s more overtly pessimistic philosophy is a continuation of a certain philosophical impetus at work in Kant s philosophy. After Schopenhauer questions the irresistible appeal of rationality, he finds that the Kantian recalcitrance to morality could very well be understood as self-justified self-expression of a blind, amoral will. Since even Kant admitted that rationality lacks in appeal to draw humanity in line, why would rationality be the most intimate aspect of noumenal reality? Instead, the human agent is mired in a depravity from which only his/her own frail and quasi-powerless tools can facilitate an escape. Accordingly, an ethics of compassion, a sublime piece of art, a pessimistic religion and proper philosophical insight can facilitate an escape from reality and turn the human agent to blissful nothingness. Third, it is to be shown that Kant and Schopenhauer s specific sense of pessimism is a philosophical translation of a certain theological perspective on the interplay between nature and goodness. Instead of thinking about nature and good as on a continuum, the Protestant Reformation introduced a radical dualism between nature and goodness which requires nature to be radically reformatted. No good is to come from the exercise of nature: works do not justify. Similarly, Kant and Schopenhauer reiterate how a radical change in the normal behavior of the human agent is the only escape from his/her depraved condition. But how do you fuel a quest for health if that which would do the healing is diseased to its core? (shrink)

The form of Western mainstream film is the crux of its ideological efficiency: by using established formal techniques, films ensure audiences un- derstand that aesthetic decisions support and clarify the narrative to ensure maximum spectatorial satisfaction. However, some films exploit their formal aesthetics in order to prevent clarification, thwarting satisfaction in favour of viewing practices that can be considered perverse in that they withhold, suspend or obstruct immediate pleasure. Contemporary Western filmmaking in the mid-1990s witnessed the emergence of a distinct (...) group of filmmakers and films that, in the popular discourse of cinematic criticism, were together coded as “difficult” or “perverse.” These films were, as a result of the characteristics we identify below, situated obliquely in relation to the larger economic and artistic struc- tures of a commercially oriented “mainstream” cinema. Included in this new form of cinematic production were films from directors such as Tim Burton: Edward Scissorhands ; David Cronenberg: eXistenZ ; David Fincher: Se7en ; Peter Greenaway: The Baby of Maçon ; David Lynch: Lost Highway ; Quentin Tarantino: Pulp Fiction and Lars von Trier: Breaking the Waves . Whilst Western cinema as a whole has a long history of exploring “difficult” or “perverse” material within the overt or covert content of narrative, plot and story, such films demonstrate a particular relationship between the content being explored and the specific formal characteristics utilised in the delivery of that content. Thus where previous examples would utilise standardised formal techniques as a way of both delivering and containing the difficult or objectionable material, the films instead offer instances where the material of the narrative content seems to bleed backwards, affecting the form and rendering the very materiality of the film itself suspect and problematic. (shrink)

Active, constructive, and interactive are terms that are commonly used in the cognitive and learning sciences. They describe activities that can be undertaken by learners. However, the literature is actually not explicit about how these terms can be defined; whether they are distinct; and whether they refer to overt manifestations, learning processes, or learning outcomes. Thus, a framework is provided here that offers a way to differentiate active, constructive, and interactive in terms of observable overt activities and underlying (...) learning processes. The framework generates a testable hypothesis for learning: that interactive activities are most likely to be better than constructive activities, which in turn might be better than active activities, which are better than being passive. Studies from the literature are cited to provide evidence in support of this hypothesis. Moreover, postulating underlying learning processes allows us to interpret evidence in the literature more accurately. Specifying distinct overt activities for active, constructive, and interactive also offers suggestions for how learning activities can be coded and how each kind of activity might be elicited. (shrink)

Dual loyalty issues confront health and welfare professionals in immigration detention centres in Australia. There are four apparent ways they deal with the ethical tensions. One group provides services as required by their employing body with little questioning of moral dilemmas. A second group is more overtly aware of the conflicts and works in a mildly subversive manner to provide the best possible care available within a harsh environment. A third group retreats by relinquishing employment in the detention setting. A (...) fourth group is activist in intent and actions. Derived from research and ethnography conducted in Australia, the article explores the moral dilemmas confronting those who are duty-bound by professional codes of ethics while also bound by loyalty to their employers and silenced by confidentiality statements. It provides particular focus on psychiatry, nursing and social work. We conclude by speculating whether a politics of compassion and acts of solidarity can forge a pathway through the ethical terrain. In doing so we draw upon human rights considerations as well as on the works of Joan Tronto and Elisabeth Porter. (shrink)

Our conscious thought, at least at times, seems suffused with language. We may experience thinking as if we were “talking in our head”, thus using inner speech to verbalize, e.g., our premises, lemmas, and conclusions. I take inner speech to be part of a larger phenomenon I call inner semiotics, where inner semiotics involves the subjective experience of expressions in a semiotic (or symbol) system absent the overt articulation of the expressions. In this paper, I argue that inner semiotics (...) allows us to bootstrap our way into entertaining thoughts about exact numbers and quantities that we couldn't prior to our competence with a numeric code. I establish that our arithmetic thoughts literally occur as (internal ‘articulations’ of) expressions in a numeric code. However, a problem arises for my view: just as we can slip in overt speech, producing an utterance that deviates from what we mean to say, there is very good evidence that we can slip in inner speech as well. If our arithmetic thought occurs in a numeric code, it's far from clear how we determine when a covert utterance constitutes a slip. In closing, I provide an account of what makes an inner speech utterance a slip. (shrink)

This paper provides a formal analysis of the grammatical encoding of temporal information in Hausa (Chadic, Afro-Asiatic), thereby contributing to the recent debate on temporality in languages without overt tense morphology. By testing the hypothesis of covert tense against recently obtained empirical data, the study yields the result that Hausa is tenseless and that temporal reference is pragmatically inferred from aspectual, modal and contextual information. The second part of the paper addresses the coding of future in particular. It is (...) shown that future time reference in Hausa is realized as a combination of a modal operator and a Prospective aspect marker, involving the modal meaning components of intention and prediction as well as event time shifting. The discussion relates directly to recent approaches to other seemingly tenseless languages such as St’át’imcets (Matthewson, Linguist Philos 29:673–713, 2006) or Paraguayan Guaraní (Tonhauser, Linguist Philos 34:257–303, 2011b) and provides further evidence for the suggested analyses of the future markers in these languages. (shrink)

Background: Patients often are confronted with the choice to allow cardiopulmonary resuscitation (CPR) should cardiac arrest occur. Typically, informed consent for CPR does not also include detailed discussion about survival rates, possible consequences of survival, and/or potential impacts on functionality post-CPR. Objective: A lack of communication about these issues between providers and patients/families complicates CPR decision-making and highlights the ethical imperative of practice changes that educate patients and families in those deeper and more detailed ways. Design: This review integrates disparate (...) literature on the aftermath of CPR and the ethics implications of CPR decision-making as it relates to and is affected by informed consent and subsequent choices for code status by seriously ill patients and their surrogates/proxies within the hospital setting. Margaret Urban Walker’s moral philosophy provides a framework to view informed consent as a practice of responsibility. Ethical considerations: Given nurses’ communicative skills, ethos of care and advocacy, and expertise in therapeutic relationships, communication around DNAR decision-making might look quite different if institutional norms in education, healthcare, law, and public policy held nurses overtly responsible for informed consent in some greater measure. Findings: Analysis from this perspective shows where changes in informed consent practices are needed and where leverage might be exerted to create change in the direction of deeper and more detailed discussions about CPR survival rates and possible consequences of survival. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:SENECA FALLS INHERITANCE: DISENTANGLING WOMEN, LEGISLATION AND VIOLENCE IN MONFREDO'S HISTORICAL CRIME FICTION Rosemary Erickson Johnsen National Coalition ofIndependent Scholars That men were not prevented by courts or clergy from mistreating their wives meant that, to society's institutions, women had no value. A man could be jailed, even hanged, for stealing another man's horse, but not even reproached for beating his wife. (Miriam Grace Monfredo, Through a Gold Eagle) (...) Miriam Grace Monfredo's feminist genre fiction, her "historymystery " series featuring nineteenth-century librarian Glynis Tryon, offers an opportunity to find a way ofreading literary texts that is not only feminist, but also Girardian. Girard's work provides two clear ways to construct feminist readings directly, without the mediation of overtly feminist theory. First ofthese is Girard's respect for the "quasi-theoretical" potential of literary texts, especially some of those which attend to apparently trivial matters. In Deceit, Desire and the Novel, Girard argues that (male) novelists offer insights unavailable elsewhere, including those scientific fields that claim to know more than everyone else. In its valuing of questions about snobbism, for example, Deceit, Desire and the Novel offers a woman-friendly model. The (male) novelist's question about snobbism is "too frivolous" for (men of) science, but Girard argues that "in his probe of snobbism the novelist is asking himself in his own way just what Rosemary Erickson Johnsen59 might be the hidden springs that make the social mechanism tick" (220). While I regret the fact that Girard's examples and language often ignore women, I believe his conviction that attention to matters socially coded as superficial and frivolous can produce great insight is one feminist critics can appreciate. The second Girardian tool feminists can rely upon is the method of reading texts of persecution described in The Scapegoat. Girard suggests how we might read texts ofpersecution written by naive persecutors in ways that identify with the persecuted and gather the information unintentionally supplied by the authors: "I call those persecutors naive who are still convinced that they are right and who are not so mistrustful as to cover up or censor the fundamental characteristics of their persecution. Such characteristics are either clearly apparent in the text and are directly revealing or they remain hidden and reveal indirectly" (8). Monfredo's crime novels, set in the mid-nineteenth century and focusing on such disenfranchised groups of citizens as women, slaves, Native Americans, and free African-Americans, depend for their verisimilitude on her ability to read historical sources and literary predecessors in just such a way. Accuracy requires that Monfredo's works be categorized as feminist historical crime novels, however awkward such a lengthy description may be. Her novels observe the principles not only of both genres—historical fiction and detective fiction—but also the political position offeminism, and they meet these multiple demands with considerable skill. Furthermore, resolution in crime fiction depends upon the law; working within that tradition, Monfredo is called upon to seek solutions within the system, to look for justice as the result ofa proper functioning ofthe legal and social systems. Information gathered, whether by the official representatives ofthe law or by amateurs, is turned over to the authorities. While her novels clearly respect that tradition, they also point out some limits to the judicial system's ability to contain violence. Girard's model ofits functioning, as described in Violence and the Sacred, depends upon an equality that whole segments of the society Monfredo is depicting do not in fact enjoy: "The judicial authority is beholden to no one. It is thus at the disposal ofeveryone" (23). Ifwomen cannot own property, enter into contracts or sit on juries, in what sense is the law at their disposal? Monfredo's exploration ofthis question takes its place alongside Girard's explanation of the legal system's proper functioning; ifhis theory reveals how it works when all are enfranchised, her fiction suggests some ofthe consequences that result from the existence of disenfranchised subjects. 60'Seneca Falls Inheritance' Our Seneca Falls Inheritance In her first book, Seneca Falls Inheritance (1992), Monfredo offers a theory for the reduction of violence against women: provide women with complete legal equality. The... (shrink)

Evidentiality has been extensively studied in linguistics for its function in coding the source of knowledge or for expressing the speaker’s attitude towards knowledge. However, few studies examine how evidential marking is sensitive and responsive to the unfolding talk and actions of the participants in social interaction. Analyzing audio and video data of naturally occurring conversations in Korean in a conversation analysis framework, this article demonstrates how the speaker often makes the choice of evidential marking or shifts the choice of (...) evidential marking according to the participant’s response, achieving certain interactional functions. The speaker makes a strategic choice to use the experiential evidential marking -telako or shifts from zero-evidential marking to overt experiential evidential marking -telako for the same proposition to achieve entitlement, objectivity, or detachment regarding his claim. This study shows that, in social interaction, the choice of the speaker’s evidential marking is relative and interactively organized rather than static and predetermined. (shrink)

Corporate disclosure and reporting of information has become synonymous with transparency which in discourses idealising its value is part of the rhetoric of good governance. This notion is overtly conveyed in principles and codes of corporate governance practice which have proliferated globally over the last three decades. The possibility for transparency to conceal more than is revealed is considered with regard to corporate communication of information, with the consequence that power and real knowledge of the corporate behavioural agenda remains in (...) corporate hands. Philosophically, the paradoxical and unintended outcome is that corporations are constrained by the norm of transparency in developing authentic moral behaviour, while also exercising power and control since in the information society transparency does not, and indeed cannot, lead to revealing all. Transparency places greater emphasis on judging, or evaluating existing organisational processes than on assessment of (self-)learning processes based on what actually takes place when corporations make decisions. (shrink)

Recent studies have shed light on the emergence of Southern sustainability initiatives in commodity-based value chains. These initiatives position themselves as countering the exclusionary nature of many global multi-stakeholder initiatives, as critically analysed by previous studies. However, a common theoretical perspective on the inclusiveness of MSIs is still lacking. By drawing on the theory of regimes of engagement, we develop a theoretical framework which helps understanding the overt and subtle practices of including or excluding different stakeholders in MSIs. We (...) apply this framework to ‘Trustea’, an Indian MSI for sustainable tea production, to further investigate the ‘inclusiveness paradigm’ of Southern sustainability initiatives. Our findings highlight the complexity of stakeholder engagement across the different phases of Trustea’s development, from initiation and code development to formal launch and roll-out. We find that different types of engagement can exist in parallel. Justifiable engagement is expressed in the participating organisations’ reference to a shared common goal of Trustea, whereas familiar engagement is linked to the rootedness of the individuals involved in the Indian tea industry. Strategic engagement, in turn, comes to the fore through the strong emphasis on developing an Indian code for sustainable tea production and promoting adoption among tea growers. The importance of reaching this objective has led to the replication of exclusionary patterns also noted for global MSIs, as small-scale producers and other weak actors have been largely excluded from decision-making processes, despite informal efforts aimed at substitution of representation. (shrink)

When, how, and why students use conceptual knowledge during math problem solving is not well understood. We propose that when solving routine problems, students are more likely to recruit conceptual knowledge if their procedural knowledge is weak than if it is strong, and that in this context, metacognitive processes, specifically feelings of doubt, mediate interactions between procedural and conceptual knowledge. To test these hypotheses, in two studies (Ns = 64 and 138), university students solved fraction and decimal arithmetic problems while (...) thinking aloud; verbal protocols and written work were coded for overt uses of conceptual knowledge and displays of doubt. Consistent with the hypotheses, use of conceptual knowledge during calculation was not significantly positively associated with accuracy, but was positively associated with displays of doubt, which were negatively associated with accuracy. In Study 1, participants also explained solutions to rational arithmetic problems; using conceptual knowledge in this context was positively correlated with calculation accuracy, but only among participants who did not use conceptual knowledge during calculation, suggesting that the correlation did not reflect “online” effects of using conceptual knowledge. In Study 2, participants also completed a nonroutine problem‐solving task; displays of doubt on this task were positively associated with accuracy, suggesting that metacognitive processes play different roles when solving routine and nonroutine problems. We discuss implications of the results regarding interactions between procedural knowledge, conceptual knowledge, and metacognitive processes in math problem solving. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:preface That an overtly white-nationalist misogynist demagogue was voted into power in the United States is cause for alarm and despair. As the election results sink in and analyses take shape, we at Feminist Studies mark this moment via poetry, a tradition of feminist expression that we have long nurtured. We include in this issue a special section on poems responding to the election. Raw by necessity, they allow (...) for a collective processing of feelings experienced in this moment, even as we prepare for the courage and acuity needed in days ahead. The scholarly works in this issue offer reflections on the travels of the term gender: in French Canadian feminist circles; the misreadings of gender and sexuality in histories of post-WWII New York City; and the gains and gaps in activism against gender-based violence and inequality. Geneviève Pagé recounts how the term gender was taken up in French Canadian scholarship, while Alix Genter offers a visual history of what butchness meant in 1950s and 1960s New York City. Julie R. Enszer tracks the representation of women writers through literary grants offered by the National Endowment for the Arts and in Norton anthologies, making the case that gender parity remains an elusive goal. Elizabeth Jean Hornbeck narrates the 1980 horror film The Shining as a commentary on violence against women and child abuse that uses the Gothic form to salutary effect. Nikki Lane reviews recent scholarship in black queer ethnography, and Jennifer A. Wagner-Lawlor introduces us to the feminist eco-art of Pamela Longobardi. Our featured poets, apart from our special section, are Hannah Baker Saltmarsh and Karen An-hwei Lee. Our closing forum on trigger warnings narrates the innovative practices that Alexis Lothian and Ramzi Fawaz propose in response to a contentious pedagogical debate. 560Preface Geneviève Pagé describes the history of the journey of the term gender in feminist circles in Montreal, using this case to comment on the dilemmas that arise from Anglocentrism in feminism. Pagé argues that in many ways, the term gender was not well suited to the context she highlights: Quebec feminists already possessed an intellectual infrastructure for referencing the meanings of the term gender through alternative phrasing, such as rapport sociaux de sexe. Furthermore, the grammatical concept of genre was “a concept central to the French language, but only peripheral in the English language,” and therefore, its use in French carried a potential “naturalizing” connotation. Nonetheless, given the dominance of English in feminist theory, Pagé concludes that “the polysemic nature of gender” allowed “for a fluid and multiple account of the local and global processes at work in the construction of women and men” in this context. Alix Genter gives us a nuanced understanding of butch genders and butch-femme aesthetics. Rather than relying on a stereotypical version of the 1950s queerly legible butch in masculine clothes, Genter argues that butchness itself was visually nuanced and coded in different ways than expected. Referencing a rich archive of 1950s-era photographs, Genter demonstrates that butch-identified women “conveyed their identities through alternate means that included clandestine codes and plays on women’s fashions.” This approach to butch aesthetics and lesbian self-representation opens up the common notion of a strict butch-femme contrast and introduces the concept of conscious mutual survival between the two lesbian identities. The appreciation of nuance continues in Nikki Lane’s review essay of reflexive ethnographic research about black queer communities. Lane’s review of recent work by Jafari S. Allen, Marlon Bailey, Mignon Moore, and Mireille Miller-Young highlights the attention these authors give to the complex politics of sexuality in everyday experiences of black communities. With an emphasis on the illuminating potential of ethnography and qualitative methodologies, Lane discusses how each text adds to our understanding of processes of “racialization, gendering, and sexualization.” Lane concludes that black queer and feminist ethnographic methods help accrue an embodied knowledge—the “flesh”—of black queer experience. Preface 561 The art featured in this issue is by Pamela Longobardi, who uses found-plastic objects to create painting, sculptures, installations, assemblages, photographs, and community-art projects. As an artist with training in biology, Longobardi focuses on the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:604 Feminist Studies 42, no. 3. © 2016 by Feminist Studies, Inc. Alix Genter Appearances Can Be Deceiving: Butch-Femme Fashion and Queer Legibility in New York City, 1945–1969 The 1956 image of Sunny and Doris (figure 1) is a typical one when conjuring images of butch-femme lesbianism in the post-World War II era: a femme looking glamorous in a dress, makeup, and heels, and a dapper butch sporting a (...) man’s suit and tie and a slick D.A. haircut with a pompadour and one casual curl in front.1 The butch’s masculine appearance and the sharp gendered contrast between the two make their queerness highly legible, a standard feature in images of postwar butch-femme lesbians in both the public and scholarly imagination.2 Indeed, lesbian visibility at midcentury was almost entirely dependent on gender transgressions in the form of “mannishness,” demarcating butches as the public face of lesbianism—a role that scholars such as Joan Nestle, Elizabeth Lapovsky Kennedy, Madeline Davis, and Donna Penn argue had powerful political implications. Butches not only challenged normative conceptions of gender and claimed lesbian social space, they also defiantly announced their queerness through their looks, thereby expressing women’s sexual autonomy and acting as vehicles for introducing others to gay life. Alongside them, femmes, while generally undetectable by 1. D.A. refers to “duck’s ass,” a popular hairstyle from the 1950s. The hair was slicked back into a point at the nape of the neck that resembled a duck’s tail. 2. In addition to dress and appearance, postwar butch-femme lesbianism was defined by gendered behaviors and mannerisms, and by roles in courtship, relationships, and sex. Alix Genter 605 themselves, proclaimed their own lesbianism and contributed to these modes of visual resistance.3 In these analyses, femmes are incorporated into lesbian rebellion by association with butches—their willingness to stand beside butches and be read as queer and to provide love and support for their partners who bore the brunt of homophobic abuse because of their overt gender expression. Butch visibility remains the foundation of butch-femme resistance, and legible butch masculinity remains an idealized icon of subversive lesbian power. But what if butches in postwar America were not as visible as commonly believed? Consider Miriam Wolfson and May Brown, for example (figure 2), both butches in New York City in the 1950s. Wolfson sees herself as a shy-but-aggressive butch who has always felt masculine, and she sees her friend May Brown as “the butch of the century.”4 Yet, the image shows two women in skirts with feminine hairdos and hints of lipstick. Photographs such as this one demonstrate the visual disconnect between what one might expect butchness to look like and what it did look like for some women during this era. While New York City’s butches certainly employed the classic suit-and-tie and jeans-and-T-shirt looks, they also conveyed their identities through alternate means that included clandestine codes and plays on women’s fashions. In doing so, they offered a range of ways of interpreting butchness in their everyday lives that did not necessarily rely on the men’s clothing and styling that made lesbians visible in larger US culture. This article interrogates the relationship between masculine style and lesbian self-presentation during the postwar period. Queer legibility could enable entrance into lesbian communities and attract one’s next lover as well as provoke hostility, violence, and arrest. In this context, appearance carried tremendous significance, and butches and femmes employed diverse strategies to both convey and conceal their queerness, 3. See Joan Nestle, “Butch-Femme Relationships: Sexual Courage in the 1950s,” in her A Restricted Country, 3rd ed. (San Francisco: Cleis Press, 2003), 92–102; Elizabeth Lapovsky Kennedy and Madeline D. Davis, Boots of Leather, Slippers of Gold: The History of a Lesbian Community (New York: Routledge, 1993); Donna Penn, “The Meanings of Lesbianism in Postwar America,” in Gender and American History since 1890, ed. Barbara Melosh (New York: Routledge, 1993), 106–24. 4. Miriam Wolfson, interview with author, New York, NY, July 1, 2010. 606 Alix Genter knowing that the consequences varied by time, place, and... (shrink)

Photo by Hannah Busing on Unsplash INTRODUCTION Religion has long provided guidance that has led to standards reflected in some aspects of medical practices and traditions. The recent bioethical literature addresses numerous new problems posed by advancing medical technology and demonstrates an erosion of standards rooted in religion and long widely accepted as almost axiomatic. In the deep soul-searching that pervades the publications on bioethics, several disturbing and dangerous trends neglect some basic lessons of philosophy, logic, and history. The bioethics (...) discourse on medical aid in dying emphasizes similarity over previously recognized important distinguishing features. For example, it overplays a likeness between assistance in dying and the withdrawal of life-saving technology. In many bioethics’ topics, arguments based on a logical continuum are used to question the lines demarcating important moral differences. l. The Line Between Ethical and Not: Logic Based on Continuum Careful case selection, often either end of a continuum, allows the tearing down or ridiculing of many rules and codes across most professions and fields of interest. This situation holds true for traffic laws as well as medical ethics guidelines. It is relatively simple for those who desire to attack a particular viewpoint by selecting a case that makes that position seem untenable. In the ethics realm, good and bad medicine exist at opposite ends of an ethical continuum, with many practices lying in between. For example, much of medical ethics exists between the Nazi criminal physicians and the most sainted nurse or physician. A gradual progression occurred over less than two decades from a utilitarian position that supported limited euthanasia for those with certain mental illnesses to genocide. German society embraced a utilitarian ethic in which the value of human life no longer was intrinsic but instrumental.[1] Many morally significant points on a continuum were then ignored as the misguided utilitarian policy rampantly continued. A point in the continuum to distinguish between ethically justifiable and that which is not can be difficult to identify compared to the two extremes. This continuum is not unique to ethics but can be applied to almost any other aspect of human life and endeavor. Between a severely ill schizophrenic person and a superbly well-adjusted individual, there is a continuum of mental and psychological function. The existence of a continuum should not paralyze thinking and prevent us from drawing lines and identifying moral differences based on objective criteria as well as moral philosophy. Yet, by focusing on a continuum, many bioethicists use logic to disregard dividing lines between an "ethical" and an "unethical" act. Unfortunately, sometimes bioethicists draw revolutionary conclusions that would change the scope of medical practices which is accepted as ethical. There are many examples of similar shifts on the continuum. Many authors argue for the ethical permissibility of abortion by pointing out that the human fetus is no different in various characteristics, one arguing it is as like an ape or chick as it is like a person,[2] and does not achieve unique human and individual characteristics until well into the first year of life.[3] While human fetuses arguably do not have certain distinctive qualities of personhood, most people shy away from the logical next conclusion: permitting infanticide. For example, Joshua Lederberg condemns infanticide, in the face of biological illogic, because of our emotional commitment to infants, to me, a relatively weak explanation. Sir Francis Crick suggests we might consider birth at two days of life in order to decide whether an infant is a "suitable" member of society.[4] Giublini and Minerva suggest that infanticide should be permissible since late pregnancy abortions are permissible, arguing there is no significant difference between a fetus just before birth and an infant just after birth.[5] Clearly the continuum approach would allow for subjective arguments in favor of later infanticide at other points many days post-birth. Years ago, with a cynical tone, I mentioned infanticide as a further step on the continuum beyond abortion, and I was rightly shouted down as being deliberately provocative to assert the logic would ever stretch so far. While it is not an accepted mainstream position, the movement in academic settings from widespread condemnation to limited possible acceptance of infanticide has taken place in an incredibly short time. Public opinion and medical opinion in these areas have shifted dramatically in a short time. In another area, from a biological and chemical point of view, there is a continuum from man down to a single carbon atom. Yet, it would not seem logical to ignore the emotional differences, the meaning of personhood, or the moral distinction between killing an insect and killing a person. ll. A False Continuum: Medical Aid in Dying I assert that there has been an erosion of ethical guidelines in recent years attributable to using continuums to camouflage important distinctions. James Rachels’ work on active and passive euthanasia, which contends that the two are ethically identical, exemplifies that logic.[6] He illustrates this thesis, using a continuum to compare different scenarios with like consequences as morally equivalent, by comparing the deliberate drowning of a child with a deliberate failure to rescue a drowning child when easily able to do so. The author's comparison proposes that since much of the medical profession has already made peace with withholding treatment in order to hasten death, consistency inexorably demands that we permit active euthanasia as well.[7] When permission for active euthanasia was first introduced, it was limited exclusively to patients suffering severely from an intractable, incurable, and irreversible disease. These guidelines have been continuously eroded. There is now a substantial serious consideration for permitting active euthanasia of healthy elderly individuals who feel that they have completed their lives and are "tired of living."[8] There are many moral and factual differences along the ethical continuum. In human life, there is a difference between a live baby and a fetus, between a viable fetus and one that is not, between a fetus and a zygote, and between a zygote and a sperm cell. Similarly, there is a difference between pulling a trigger to kill someone and not interfering in preventing his death, which is reprehensible though both may be. There is a difference between not resuscitating an 80-year-old man with cancer when his heart stops and injecting him with a fatal dose of potassium chloride. I argue that an overt act of taking life repels civilized human beings is to be commended and encouraged as the reverence for human life or even for just a moment of human life is one of the great contributions of our civilization. CONCLUSION As an orthodox Jew, I feel that divinely inspired guidelines that have stood the test of centuries shape my beliefs, and such guidelines contradict medical aid in dying. I cannot speak to the viewpoint of those who do not access religion in defining their moral stance, nor do I implicate them in the current bioethics' trends, as I am not aware of the personal role of religion in the lives of most such authors. While many nonreligious people have a firm philosophical grounding and oppose medical aid in dying, I suggest that in the absence of any religious or other absolute standards, developing logically defensible ethical guidelines may be challenging. At the least, religion may play a role in defining the points on the continuums that are ethically meaningful and refuting the trending beliefs that if the endpoint is the same, allowing different methods of arriving at that end are somehow ethically equal. The continuum of ways death may result does not negate analysis of whether death is brought about in ways that recognize the importance of life. The German philosopher Hans Jonas said, "It is a question whether without restoring the category of the sacred, the category most thoroughly destroyed by the scientific enlightenment, we can have an ethics able to cope with the extreme powers that we possess today and constantly increase and are compelled to use."[9] While countries vary on the role of religion in policy, with many emphasizing freedoms of religion, a recent position paper released by a group of Jewish, Christian, and Moslem leaders suggested the need for agreement on the unique sanctity of human life.[10] I would recommend that such a document serve as an example of consensus on critical foundational bioethical guidelines for democratic secular societies. - [1] Alexander L Medical science under dictatorship. New England Journal of Medicine, 241, p39-47 DOI10.1056/NEJM194907142410201 [2] Lederberg J. A geneticist looks at contraception and abortion, Annals of Internal Medicine 67, sup 2, 25-27. https:/doi.org/10.7326/0003-4819-67-3-25 [3] Ibid. [4] Editorial, Sociology: Logic of biology. Nature 220, 429 https://www.nature.com/articles/220429b0 [5] Giublini A Minerva F After-birth abortion: why should the baby live. J Med Ethics 39, 261- [6] Rachels J Active and passive euthanasia. New England Journal of Medicine 292, 78-80 [7] Ibid. [8] Cohen-Almagor R Euthanizing people who are "tired of life". in Euthanasia and Assisted Suicide-Lessons from Belgium. Ch 11 of Euthanasia and Assisted Suicide, Cambridge University Press pp173-187. 2017 and DOI; https://doi.org/10.1017/9781108182799.012 [9] Hans Jonas, Technology and Responsibility: Reflections on the New Tasks of Ethics, 1972, found as Chapter IX, Philosophical Essays, 1980. https://inters.org/jonas-technology-responsability [10] A position paper of the Abrahamic Monotheistic religions on matters concerning the end-of-life. Vatican Press 28 October 2019 https://press.vatican.va/content/salastampa/en/bollettino/pubblico/2019/10/28/191028f.html. (shrink)

Issues of race and class have long been at the center of discourses involving the American public education system. Although contemporary discourse regarding issues of race and power in American schools may be less overt in racist ideology than in previous decades, the impact of coded racist discourse can be equally powerful and dangerous. A need exists to identify racist and classist discourse in educational contexts so that the ideologies and practices these discourses reflect can be challenged. This paper (...) uses critical discourse analysis and Critical Race Theory to examine how the discourses of race, class, and power are enacted within a discussion of educational programing and child well-being in a predominantly White, upper-middle class suburban public school. (shrink)

In Regina v. Murray, (2000, Ont S.Ct.J.) the learned trial judge, Justice Gravely, errs in his interpretation and application of the law of mens rea in the offense of willfully attempting to obstruct justice under section 139(2) of the Criminal Code of Canada. In view of his findings of fact and law, including the determination that the accused knowingly and intentionally committed the actus reus of the offense and the absence of any suggestion that he lacked awareness of any (...) relevant facts, there is no question in law but that Kenneth Murray was liable to be, and actually should have been, convicted. Nonetheless, the trial judge concluded that Murray’s alleged belief, that his actions were required by his duty to his client, raised a reasonable doubt about his intention to obstruct justice and entitled him to be acquitted. -/- In his reasons for judgment, the trial judge analyzes mens rea as if there is a “color of right” defense to the offense of obstruction of justice. In law, however, no such defense exists to this offense. Consequently, even if Mr. Murray did “honestly believe” that he had a duty to his client not to disclose the existence of the video tapes, that belief could not provide him with an exculpatory defence. In Canada, pursuant to common law and section 19 of the Criminal Code, mistakes of law do not excuse accused persons from responsibility for criminal conduct in the absence of a statutory exception. No exception exists for the offense of obstruction of justice. Yet the Crown did not choose to appeal and thereby signaled its acceptance of the legal analysis adopted by the trial judge. By contrast, if the analysis proposed in this piece had been adopted, the Crown should have prevailed at trial and, if unsuccessful at trial, would have had a right of appeal on a question of law. -/- At least two tendencies converge as significant influences shaping the outcome in the Murray case. The central tendency, discussed in Part I of this article, is the trial judge’s treatment of the accused’s alleged mistake about his legal duty as if it were a mistake about a question of fact which therefore could give rise to a reasonable doubt about intention or culpable awareness. This approach to mistaken beliefs ignores the distinction between mistakes of law and mistakes of fact, and then characterizes all mistakes as mistakes of fact. Unfortunately, this is not uncommon in the case law. In recent years however, as explained below, the judiciary has rejected that approach in a number of leading cases and ruled that mistakes which are actually mistakes about the meaning, scope, or application of the law are subject to the general rule and do not provide an accused with an exculpatory defense. The relationship between mistake of law and mens rea in Canadian criminal law has also been the subject of critical scholarly comment in Canada in recent years. The Murray decision provides evidence that, despite clarification by the Supreme Court, in some lower courts the unrefined approach to mistaken belief continues to shape the legal analysis of criminal culpability, even when the mistaken belief is overtly a belief about the law. This will not change until the proper characterization of mistaken beliefs as legal or factual becomes a deliberate and common-place aspect of case analysis at the trial court level. -/- The other tendency, discussed in Part III of this article, is one that often appears as a companion to the first - the judicial tendency to perceive and invoke analytical legal ambiguity in favour of accuseds more readily in cases in which the impugned conduct involves the discretionary exercise of authority which, when used appropriately, is fully legitimate and essential to the normal functioning of the existing socio-legal order. Of course, courts are strongly influenced by the arguments put to them by counsel. And counsel, acting on behalf of client groups with particular group interests may, consciously or unconsciously, favour the development of those lines of analysis which are protective of that interest or associated institutional interests. One of the reasons for scrutinizing the Murray case is that it provides a concrete context for discussion of those issues in relation to an actual decision made by Crown prosecutors. The case provides an occasion to examine a specific example of the exercise of prosecutorial discretion, its implications for the administration of criminal justice, and its broader potential impact on the public interest. [See also errata in UNBLJ 2002 volume 52 at pp 309-310.]. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Bilingual Aesthetics:A New Sentimental EducationJane DuranBilingual Aesthetics: A New Sentimental Education, by Doris Sommer. Durham and London: Duke University Press, 2004, 254 pp.Doris Sommer's new work Bilingual Aesthetics is the sort of book that takes one by surprise—and for good reason. Filled with punning twists, and itself a valorizer of word games and magic, this work has not a lot to do with bilingualism (in the standard sense), not (...) a lot to do with aesthetics (again, in the standard academic sense), but a great deal to do with both. Whether the title is read (and Sommer's point is to forward the notion of alternate readings) as the aesthetics of bilingualism or as an account of what a bilingual might make of aesthetics, there is a startling amount of content in the work.Briefly, Sommer essays to make the case that our multicultural society is distinctly better off for being multicultural and multilingual (or at least, in some threatening sense, emergently bilingual) because the literal bilingual has a distinct advantage over her or his monolingual counterpart. The bilingual can play language games, and those games shock, amuse, or jolt—whatever it is that they do, they rouse us out of any state of intellectual torpor into which we might have fallen and they serve to make us all individuals who, in Du Bois' memorable phrase, have "double consciousness."Thus Sommer does in fact mean for her title to be read in at least two ways: Her work attempts to valorize and vindicate a sort of unofficial bilingualism (one of the blurbs on the back of the paperback edition begins by saying "Knowing a second language entails some unease... "), while she also attempts to let us in on the notion that there is an aesthetic that develops from the use of more than one code. Sommer plays remarkably on all these concepts: She is familiar with the standard, overt scholarship on bilingualism—she can cite work by sociolinguists and others. At the same time, as an author known for previous work on literature, especially with regard to Latin America, she is also familiar with much of the standard historical work in aesthetics, including Kant. Citing thinkers such as Kenji Hakuta, William J. Bennett, Wittgenstein, and Elena Poniatowska, Sommer leaves the reader somewhat bedazzled and breathless but better off for having read her work.Her overall thesis, if one may attempt to employ such a phrase, is that bilingualism and code-switching create for us the same sort of uneasiness and inevitable access to the unconscious that works of art and literature produce—and that the edginess that is a concomitant of code-switching is beneficial. Her first chapter "Choose and Lose" reminds Americans that the United States has always been a multilingual place and focuses on how much can be gained from attempting to forward the notion. If there is any difficulty to Sommer's work, it is that she practices what she preaches. Every page demands much of the reader, since every page itself engages in the [End Page 121] sort of rapid-fire twisting and switching that Sommer is trying to support as the ground for a new aesthetic consciousness.Early on, Sommer gives us the following:Complaints about the danger to national coherence [of multi- or bilingualism] can be downright funny.... [One irate journalist wrote:] "How can immigrants identify with America if they can't read Lincoln's words in the language in which they were spoken?(out of many, one) to a multicultural boarding house,...?" No need to be upset at this harangue. It's obviously a joke, even if the author missed it (a common asymmetry in bilingual humor). Notice that the translation from Latin assumes that English-only citizens don't understand the very slogan they hold dear.(p. 26)But of course the joke is to some extent on Sommer and on all of us, as she no doubt intends. It is highly unlikely that the journalist did get the humor, and the only funny part of the entire tirade is that we—assuming we have enough formal education—may be able to make something out of it... (shrink)

_ Source: _Volume 37, Issue 1, pp 45 - 67 The sudden surge in English translations of Erasmus’ _Apophthegmata_ during the later years of Henry VIII ’s reign can be partly attributed to the gradual introduction of the new standards set by the humanist educational agenda and partly to the profound political and religious changes brought about by the English Reformation that was codified in the Act of Supremacy in 1534. Richard Taverner’s _The garden of wysdom_ and _The second booke (...) of the Garden of wysedome_ and Nicholas Udall’s _Apophthegmes_ reveal a pronounced shift towards a more widely conceived education of the English public. While Taverner’s translation, with its overt political commentary, provided a morally instructive commonplace book, marked by a Protestant overtone and influenced by Luther’s and Melanchthon’s views, Udall’s extensive pedagogical notes were meant to disseminate new methods of instruction modelled on Erasmus’ _De ratione studii_. Albeit in notably different ways, Udall’s and Taverner’s promotion of classical culture through apophthegms reflected their humanist zeal to reshape existing moral and cultural ideals and to expand the codes of conduct of the reformed Christian commonwealth in England. (shrink)

Hans-Georg Gadamer, despite his exchanges with and reception by major figures in the field of political theory, is often thought of as a philosopher as opposed to a political theorist. For instance, the title of one of his essays, "On the Political Incompetence of Philosophy," is sometimes taken to indicate that Gadamer thought of his own philosophy as "politically incompetent" (Code 2003, 15). In this paper, I argue that Gadamer's hermeneutic philosophy is deeply concerned with our relation to the (...) political world. To bring out these political concerns, I put Gadamer in conversation with Hannah Arendt, who overtly disavowed philosophy in favor of political theory. I show that Gadamer and Arendt share many of the same worries about the solitary model of much philosophy – particularly that of Heidegger – and that both try to promote a more involved, worldly mode of thinking. For Arendt, this mode of thinking attends in large part to the newness and distinctiveness of other people, whereas Gadamer emphasizes what other people say and how we must relate to them if we are to understand what they are telling us. I argue that although these are complementary ways of addressing political thinking, one important advantage of Gadamer's account is the way it brings into view the centrality of courage for understanding our shared political world. Because understanding frequently requires that we question our identities and renegotiate our existing relation to the world in often uncomfortable ways, political thinking involves what I call "hermeneutic courage.". (shrink)

The Ethics of Technology. Methods and Approaches avoids the overly simplistic and individualistic approach to the ethics of technology, which might otherwise mislead the reader into a superficial understanding of the discipline. Too often, the ethics of technology is reduced to an overt and over reliance on professional codes, ethical theories (spelled out in terms of the dichotomy between deontology and utilitarianism) and the application of a prescribed heuristic to what most often are black and white individualistic dilemmas described (...) by case studies. The collection of essays edited by Hansson is thus an important contribution to the growing body of literature on the ethics of technology, as it questions and brings to light the broader purpose of engineering and the conceptual tools required for the responsible practice of the profession if we are to enable engineers to address structural issues. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Fate of Eloquence in the Age of HumeVicki J. SappThe Fate of Eloquence in the Age of Hume, by Adam Potkay; xii & 253 pp. Ithaca: Cornell University Press, 1994, $36.95.With the memory still fresh of Jerome Christensen’s Practicing Enlightenment, I experienced no small anxiety on reading Adam Potkay’s first acknowledgment, to Prof. Christensen and his “provocative seminar” on Hume. I finished a third of The Fate (...) of Eloquence in the Age of Hume before the overt nod, when Potkay spotlights the essayist Hume’s appeal to a female readership: “Within this doux commerce, the figures of classical eloquence are entirely too priapic—too ‘swelling... monstrous and gigantic’—to be admitted” (p. 75). However, Hume’s self-castration wound is mercifully left unprobed, and the priapus doesn’t come up again until Potkay’s own prosopopoeia, “ancient eloquence’s priapic energy” (p. 158). Although he follows Christensen’s equation of polite letters with effeminacy, Potkay treats gender more materially than metaphorically. Although attending to his poststructuralist debts with such observations as “Hume, the unmoved mover, observes the spiritual implosion of one whose passions cannot, like his own, be alleviated through voyeurism” (p. 125), Potkay ultimately fulfills his promise to draw his insights from “a history of eighteenth-century reading and reception” (p. 22). In a clear prose he conveys his focused argument, about “the fate of eloquence” in the modern [End Page 244] reconfiguration of society, through a variety of illustrations; as a result, the book has broad appeal to readers interested in literary contexts of rhetoric, gender, and culture.Situating Hume as the center of shared interest and assumption, Potkay defines an “Age of Hume,” a constellation of writers responding to and producing a tension between an ideal of classical eloquence and modern codes of politeness. Boldly establishing this tension “as the characteristic theme of the era,” Potkay makes a compelling case for politeness as the primary means of class stratification for emergent capitalist society. (Paul Fussell has also applied an eighteenth-century literary mind to contemporary sociology in his Class: A Guide Through the American Status System.) In his epilogue, Potkay brings his thesis home, to the ironies of academic publishing elitism and the “peculiarly American commitment to civic equality.”Several ruling assumptions guide Potkay’s treatment of the eloquence/politeness dualism. Reading high-canon writers and moral philosophers, Potkay defines eighteenth-century Britain as an age “that does not want its passions inflamed” and suspects eloquence of aiming to seduce the masses with rhetorical figures and physical gesture. Equated with popular government, eloquence threatens to manipulate “our untutored responses”—passions unmediated by moral and social education—within an exclusively “masculine” political economy. Echoing Christensen, Potkay finds “a characteristic irony” of the new “sentimental commerce” in the “polite restraint of the sexual passions that covertly fuel it” (p. 147). Writers must adapt to the paradigm shift of a new commercial and literary economy which included a sentimental ideal of woman as social sovereign—a model of polite literacy and civility which Hume described in his initial piece, “Of Essay Writing.”Potkay diffuses his gender-based thesis over a broad political and philosophical perspective. Politeness redressed the conflict between masculine populism (Bolingbroke) and effeminate luxury (Walpole) and “served to compensate for virtue lost through commercial progress” (p. 194). Potkay points out the ultimately political association of eloquence with vulgarity: savages, children, and the insane speak a language “thought to abound in figures”—a convenient habit in those whom a ruling class would exclude from “mature, rational discourse” (p. 68). (Here, Potkay elides the more complex “woman” from the above marginalia, for immediate reasons of either obviousness or neatness.)On the philosophical front Hume variously affirmed and problematized a “topos of eloquence as error.” Treatise-lovers may regret that he simmered this passionately figurative text down into the duller and drier Enquiries in order to fulfill a polite—and commercial—demand for the replacement of oral with written culture, of emotional gesticulation with “rationality, abstraction, logic” (p. 63). Potkay’s arguments suggest a ruling irony in this paradigm-shift: the association of eloquence (masculine) with emotionalism and politeness (feminine) with rationality and... (shrink)

Arguing that ecological thinking can animate an epistemology capable of addressing feminist, multicultural, and other post-colonial concerns, this book critiques the instrumental rationality, hyperbolized autonomy, abstract individualism, and exploitation of people and places that western epistemologies of mastery have legitimated. It proposes a politics of epistemic location, sensitive to the interplay of particularity and diversity, and focused on responsible epistemic practices. Starting from an epistemological approach implicit in Rachel Carson’s scientific projects, the book draws, constructively and critically, on ecological theory (...) and practice, on (post-Quinean) naturalized epistemology, and on feminist and post-colonial theory. Analyzing extended examples from developmental psychology, from medicine and law, and from circumstances where vulnerability, credibility, and public trust are at issue, the argument addresses the constitutive part played by an instituted social imaginary in shaping and regulating human lives. The practices and examples discussed invoke the responsibility requirements central to this text’s larger purpose of imagining, crafting, articulating a creative, innovative, instituting social imaginary, committed to interrogating entrenched hierarchical social structures, en route to enacting principles of ideal cohabitation. (shrink)

The arguments in this book are informed at once by the moral-political implications of how knowledge is produced and circulated and by issues of gendered subjectivity. In their critical dimension, these lucid essays engage with the incapacity of the philosophical mainstream's dominant epistemologies to offer regulative principles that guide people in the epistemic projects that figure centrally in their lives. In its constructive dimension, ____Rhetorical__ ____Spaces__ focuses on developing productive, case-by-case analyses of knowing other people in situations where social-political inequalities (...) create asymmetrical patterns of epistemic power and privilege. (shrink)

I evaluate post-Quinean naturalized epistemology as a resource for postcolonial and feminist epistemology. I argue that naturalistic inquiry into material conditions and institutions of knowledge production has most to offer epistemologists committed to maintaining continuity with the knowledge production of specifically located knowers. Yet naturalistic denigrations of folk epistemic practices and stereotyped, hence often oppressive, readings of human nature challenge the naturalness of the nature they claim to study. I outline an ecologically modelled epistemology that focuses on questions of epistemic (...) responsibility and community, while refusing the reductivism of totalizing theory, and producing realistic moral-epistemic analyses of specific, local epistemic resources to ground its normative injunctions. (shrink)

Fifteen essays examine the work of German philosopher Hans Georg Gadamer to provide feminist interpretations of his views on science, language, history, ...

In this lively and accessible book Lorraine Code addresses one of the most controversial questions in contemporary theory of knowledge, a question of fundamental concern for feminist theory as well: Is the sex of the knower epistemologically significant? Responding in the affirmative, Code offers a radical alterantive to mainstream philosophy's terms for what counts as knowledge and how it is to be evaluated. Code first reviews the literature of established epistemologies and unmasks the prevailing assumption in Anglo-American (...) philosophy that "the knower" is a value-free and ideologically neutral abstraction. Approaching knowledge as a social construct produced and validated through critical dialogue, she defines the knower in light of a conception of subjectivity based on a personal relational model. Code maps out the relevance of the particular people involved in knowing: their historical specificity, the kinds of relationships they have, the effects of social position and power on those relationships, and the ways in which knowledge can change both knower and known. In an exploration of the politics of knowledge that mainstream epistemologies sustain, she examines such issues as the function of knowledge in shaping institutions and the unequal distribution of cognitive resources. What Can She Know? will raise the level of debate concerning epistemological issues among philosophers, political and social scientists, and anyone interested in feminist theory. (shrink)

Order and Organism shows how Alfred North Whitehead's thought can reconcile some of the most insistent demands of common sense with the esoteric results of modern physics and mathematics.