The Yogyakarta Principles for the application of human rights to sexual orientation and gender identity define gender identity as “each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body and other expressions of gender, including dress, speech, and mannerisms.” This definition and its acknowledgment within human rights politics is a key step in the fight of trans people (...) for legal protection. Our aim is to analyze this definition both historically and systematically to find out how the Western liberal conception of rights fosters specific trans politics and limits the options for others. Specifically, we claim that political liberalism and the form of subjective rights that it brings about influence concepts of identity and political strategies. While we analyze the limits of the liberal framework, our aim is to think about how it is possible that even within this framework, non-normative bodies and queer identities can be acknowledged and supported through law. (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

Michael Crichton (1942–2008) was a prolific writer of “science novels”, portraying the psychodynamics and sociodynamics of genomics and other NBIC (Nanotechnology, Biotechnology, Information technology and Cognitive science) fields, fostering critical reflection on their societal dimensions. Science novels may serve as “literary experiments”, as windows into the (future) impacts of current research. Although on the surface level Crichton’s books may be seen as entertaining bestsellers, an in-depth reading allows them to emerge as exploratory exercises, usable as course material for science students. (...) To open up this “deeper” dimension, I read Crichton’s work from a psychoanalytic angle, focusing on typical scenes and themes, such as the idea of a scientific crisis, geneticization and gender role reversal. The core question of a typical Crichton novel usually is: what will happen when a new laboratory research field suddenly comes out into the open? Notably, the gender dimension reflects and exemplifies the fascinations and concerns with contemporary technoscience addressed by him. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in the right (...) places, then the best explanation of the history of the world necessarily cites facts about our agency. Along the way, alternative proposals regarding the significance of indeterminism are considered and, ultimately, rejected in favour of the one developed in this paper. (shrink)

Standards of reasonability play an important role in some of the most difficult cases of rape. In recent years, the notion of the reasonable person has supplanted the historical concept of the reasonable man as the test of reasonability. Contemporary feminist critics like Catharine MacKinnon and Kim Lane Scheppele have challenged the notion of the reasonable person on the grounds that reasonability standards are gendered to the ground and so, in practice, the reasonable person is just the reasonable man in (...) a gender neutral guise. These critics call for the explicit employment of a reasonable woman standard for application to the actions of female victims of rape. But the arguments for abandoning a gender-neutral standard are double-edged and the employment of gendered standards of reasonability is likely to have implications that are neither foreseen by, nor acceptable to, advocates of such standards. Reasonable agent standards can be dropped, in favor of appeals to the notion of a reasonable demand by the law. However, if reasonable agent standards are to be retained, gendered versions of such standards are not preferable to gender-neutral ones. (shrink)

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

This paper details the ways that gender structures our senses of agency on an enactive framework. While it is common to discuss how gender influences higher, narrative levels of cognition, as with the formulation of goals and in considerations about our identities, it is less clear how gender structures our more immediate, embodied processes, such as the minimal sense of agency. While enactivists often acknowledge that gender and other aspects of our socio-cultural situatedness shape our cognitive (...) processes, there is little work on how this shaping takes place. In order to provide such an account, I will first look at the minimal and narrative senses of agency (Gallagher 2012), a distinction that draws from work on minimal and narrative selves (Zahavi 2010). Next I will explain the influence of the narrative sense of agency on the minimal sense of agency through work on intention-formation (Pacherie 2007). After a discussion of the role of gender in the narrative sense of agency, I’ll expand on work by Haslanger (2012) and Young (1980) to offer three ways in which gender influences the minimal sense of agency, showing the effect that gender has on how we perceive our possibilities for interaction in a phenomenologically immediate, pre-reflective manner. (shrink)

How could ectogestative technology disrupt gender roles, parenting practices, and concepts such as ‘birth’, ‘body’, or ‘parent’? In this chapter, we situate this emerging technology in the context of the history of reproductive technologies and analyse the potential social and conceptual disruptions to which it could contribute. An ectogestative device, better known as ‘artificial womb’, enables the extra-uterine gestation of a human being, or mammal more generally. It is currently developed with the main goal of improving the survival chances (...) of extremely premature neonates. We argue that the intended use of the technology in neonatal intensive care units, as an alternative to current incubators (’partial-ectogestation’), challenges concepts such as ‘birth’, ‘fetus’, and ‘neonate’, and has several ethico-legal implications. We moreover address a more futuristic scenario where the entire embryological and fetal development could happen within an artificial womb (’full-ectogestation’). Such a scenario reveals the disruption of gender roles, parenting practices, and concepts such as ‘mother’, ‘father’, and ‘parent’. Both full- and partial-ectogestation would have implications for engineering and design, law-making, ethics, and philosophical anthropology. (shrink)

If intuitions are associated with gender this might help to explain the fact that while the gender gap has disappeared in many other learned clubs, women are still seriously under-represented in the Philosophers Club. Since people who don’t have the intuitions that most club members share have a harder time getting into the club, and since the majority of Philosophers are now and always have been men, perhaps the under-representation of women is due, in part, to a selection (...) effect. (shrink)

We have a much better understanding of physics than we do of consciousness. I consider ways in which intrinsically mental aspects of fundamental ontology might induce modifications of the known laws of physics, or whether they could be relevant to accounting for consciousness if no such modifications exist. I suggest that our current knowledge of physics should make us skeptical of hypothetical modifications of the known rules, and that without such modifications it’s hard to imagine how intrinsically mental aspects could (...) play a useful explanatory role. Draft version of a paper submitted to Journal of Consciousness Studies, special issue responding to Philip Goff’s Galileo’s Error: Foundations for a New Science of Consciousness. (shrink)

The demarcation between science and non-science seems to play an important role in the process of scientific change, as theories regularly transition from being considered scientific to being considered unscientific and vice versa. However, theoretical scientonomy is yet to shed light on this process. The goal of this paper is to tackle the problem of demarcation from the scientonomic perspective. Specifically, we introduce scientificity as a distinct epistemic stance that an agent can take towards a theory. We contend that changes (...) in this stance are to be traced and explained by scientonomy. Thus, we formulate a new law of theory demarcation to account for changes in scientificity within the scientonomic framework. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Mother-Daughter Relations and the Maternal in Irigaray and ChodorowAlison StoneGod the Father and Jesus the Son; Abraham and Isaac; Uranus, Cronus, and Zeus; Zeus and Dionysus; Hamlet and his father; Fyodor Karamazov and his three sons—representations of and fantasies about father-son relationships are central to Western culture and philosophy. Within philosophy, one thinks of Hegel’s conception of the dialectic in terms of the divine trinity, Nietzsche’s preoccupation with Christ (...) and Dionysus, or Kierkegaard’s meditations on Abraham’s near-murder of Isaac. In contrast, mother-daughter relationships have been shrouded in near-universal silence—much more so than representations of either mothers and sons (Oedipus and Jocasta; Mary and Jesus) or fathers and daughters (Agamemnon and Iphigenia; Lear and Cordelia). Female and feminist theorists, writers, and artists have done much to bring mother-daughter relationships into representation and to reimagine the maternal beyond its traditional subservience to father-son dynasties.Amongst continental feminists, Luce Irigaray and Julia Kristeva have, of course, made major contributions to this task. Within Anglophone feminism, too, feminist psychoanalytic thinkers have sought to rectify Freud’s overemphasis on the paternal and on father-son relations. Nancy Chodorow’s important work in this area paints a portrait of contemporary mother-daughter relations which seems, at first sight, strikingly similar to Irigaray’s. Both thinkers suggest that mothers and their infant daughters experience a unique level of mutual identification. But under patriarchy—specifically, given exclusively female childrearing for Chodorow and given the absence of any symbolization of female subjectivity for Irigaray—daughters are forced to turn to the father [End Page 45] to achieve any psychical independence from their mothers. The independence that daughters thus attain coexists with ongoing psychical identification with their mothers, so that women oscillate endlessly between separation from and mergence with their mothers. If the dominant template for father-son relations involves violent rivalry followed by guilt-ridden father-worship as the cement of fraternal society, as Freud described in Totem and Taboo (Freud 2001), the template for mother-daughter relations involves hostile separation constantly undone by ongoing fusion. This difference in templates maps the social-symbolic difference between the paternal position of power/authority/law and the maternal position of powerlessness/silence/body.However, the manifest similarities between Irigaray’s and Chodorow’s pictures are embedded in deep theoretical differences. The details of their descriptions of mother-daughter relations differ, and they give different explanations for why these relations follow a logic of separation and fusion: female mothering for Chodorow, the paternal symbolic order for Irigaray. They make different proposals for how to change these relations: shared parenting for Chodorow versus symbolic transformation for Irigaray. They hold conflicting conceptions of the self and of language, reflecting their heterogeneous psychoanalytic backgrounds in Anglo-American object relations versus French Lacanianism and poststructuralism. These deep differences raise questions about whether Chodorow and Irigaray are discussing mother-daughter relations in the same sense at all.Bringing Irigaray and Chodorow together across their different intellectual contexts, this article compares and partially synthesizes their visions of the maternal and of mother-daughter relations. By integrating their perspectives, we can move beyond the “impasse” between Lacanian and object-relations feminisms that dominated psychoanalytic feminist debates in the 1980s and 1990s (Brennan 1991)—debates that have crucially shaped continental feminists’ orientation towards questions of sexual difference, language and representation, and the embodied psyche.The impasse in question has at least two strands. First, for object-relations feminists such as Chodorow, our pre-Oedipal relations with our mothers shape us so that we acquire “core” selves with a fairly stable gender. This approach elevates the mother in importance (compared to classical psychoanalysis with its emphasis on the father), but it loses sight of psychic and gender instability. This can make Chodorow’s views seem rather dated given the impact of Judith Butler’s work and her emphasis on the unstable, shifting nature of gender. Lacanian feminists such as Jacquelyn Rose (Rose 1986) reemphasize psychic instability, but they do so by stressing that the subject is split between paternal language and the pre-Oedipal maternal realm, which means that these theorists also... (shrink)

The hygiene hypothesis offers an explanation for the correlation, well-established in the industrialized nations of North and West, between increased hygiene and sanitation, and increased rates of asthma and allergies. Recent studies have added to the scope of the hypothesis, showing a link between decreased exposure to certain bacteria and parasitic worms, and increased rates of depression and intestinal auto- immune disorders, respectively. What remains less often discussed in the research on these links is that women have higher rates than (...) men of asthma and allergies, as well as many auto-immune disorders, and also depression. The current paper introduces a feminist understanding of gender socialization to the epidemiological and immunological picture. That standards of cleanliness are generally higher for girls than boys, especially under the age of five when children are more likely to be under close adult supervision, is a robust phenomenon in industrialized nations, and some research points to a cross- cultural pattern. I conclude that, insofar as the hygiene hypothesis successfully identifies standards of hygiene and sanitation as mediators of immune health, then attention to the relevant patterns of gender socialization is important. The review also makes clear that adding a feminist analysis of gender socialization to the hygiene hypothesis helps explain variation in morbidity rates not addressed by other sources and responds to a number of outstanding puzzles in current research. Alternative explanations for the sex differences in the relevant morbidity rates are also discussed (e.g., the effects of estrogens). Finally, new sources of evidence for the hygiene hypothesis are suggested in the form of cross-cultural and other natural experiments. (shrink)

In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such as granularity, (...) scales, time, space, material, physical objects, shape, causality, functionality, and force. Our effort has been to construct core theories of each of these areas, and then to define, or at least characterize, a large number of lexical items in terms provided by the core theories. In this paper we discuss our methodological principles and describe the key ideas in the various domains we are investigating. (shrink)

The question of whether the Pyrrhonist adheres to certain logical principles, criteria of justification, and inference rules is of central importance for the study of Pyrrhonism. Its significance lies in that, whereas the Pyrrhonist describes his philosophical stance and argues against the Dogmatists by means of what may be considered a rational discourse, adherence to any such principles, criteria, and rules does not seem compatible with the radical character of his skepticism. Hence, if the Pyrrhonist does endorse them, one must (...) conclude that he is inconsistent in his outlook. Despite its import, the question under consideration has not received, in the vast literature on Pyrrhonism of the past three decades, all the attention it deserves. In the present paper, I do not propose to provide a full examination of the Pyrrhonist’s attitude towards rationality, but to focus on the question of whether he endorses the law of non-contradiction (LNC). However, I will also briefly tackle the question of the Pyrrhonist’s outlook on both the canons of rational justification at work in the so-called Five Modes of Agrippa and the logical rules of inference. In addition, given that the LNC is deemed a fundamental principle of rationality, determining the Pyrrhonist’s attitude towards it will allow us to understand his general attitude towards rationality. (shrink)

BACKGROUND: -/- In its recent report 'Human Reproductive Technologies and the Law', the House of Commons' Select Committee on Science and Technology called for greater efforts to establish the potential demographic impact of sex selection across all sectors of UK society. Given the well-known preference for boys over girls among some communities, there is concern that a readily available service for social sex selection may upset the balance of the sexes. Of particular interest are the gender preferences and the (...) demand for sex selection among Pakistanis. METHODS: -/- We conducted a social survey on gender preferences and potential demand for preconception sex selection among 301 pregnant women in Karachi, Pakistan, using a self-report questionnaire consisting of 14 questions. RESULTS: -/- About 41.5% wish to have a family with an equal number of boys and girls; 3.3% would like to have only boys, 1.0% only girls, 27.6% more boys than girls and 4.3% more girls than boys, and 22.3% stated that they do not care about the sex composition of their family. Whereas 6.3% could imagine employing cytometric sperm separation for social sex selection, 76.1% could not and 17.6% were undecided. About 27.2% felt that social sex selection ought to be legal, 48.8% thought it ought to be illegal and 23.9% were undecided. CONCLUSIONS: -/- Although Pakistani women do show a statistically significant preference for boys over girls, the number of women willing to subject themselves to cytometric sperm separation appears to be too small to cause a severe imbalance of the sexes. However, further research among British citizens of Pakistani origin is needed to establish whether sex selection poses a serious threat to the sex ratio of UK communities. (shrink)

Vardoulakis argues that the notion of law as developed in chapter 4 of Spinoza's Theological Political Treatise does not rely on a notion of legitimacy but rather on how authority justifies itself. To demonstrate this point, Vardoulakis analyzes closely the example of Adam and the Fall used by Spinoza in that chapter of the Treatise.

Disney’s Frozen (2013) and Frozen 2 (2019) are among the highest-grossing films of all time (IMDb 2021) and are arguably among the most influential works of fantasy produced in the last decade in any medium. The films, based loosely on Hans Christensen Andersen’s “The Snow Queen” (Andersen 2014) focus on the adventures of the sisters Anna and Elsa as they, together with their companions, seek to safeguard their people both from external threats and (importantly) from Elsa’s inabilities to control her (...) magical abilities to summon ice and snow. While Anna’s choices drive much of the action of both films, Elsa has undoubtedly been the more influential and popular of the two characters, as indicated by measures such as merchandise sales (Ellen Byron and Paul Ziobro 2014), Google search data (Play Like Mum 2020), and even baby name choices (Wolfers 2015). -/- Despite her popularity, Elsa is in many ways a paradoxical sort of hero, as she finds her actions all but predetermined by both external and internal forces. This is particularly the case in the first film, where we meet an Elsa who has been born with a power she cannot control, and which appears more as a force of nature than as anything that “belongs” to Elsa. The film’s action is driven, in large part, precisely by Elsa’s failures to exert control over her emotions and abilities. She begins the film by accidentally injuring Anna. This, in turn, causes Elsa to become fearful and withdrawn and to isolate herself from her sister, even after their parents die on a quest to find a cure for Elsa. Elsa's fear and lack of control lead to an even more dire outcome when she inadvertently calls down winter on Arendelle and abandons her people for the mountains. It is only through Anna's devoted quest to rescue her sister, first by pursuing her to the mountains, and later by throwing herself in front of the villainous Hans’ sword attack on her sister, that Elsa (and Arendelle) are saved. Elsa's most active contribution to this is to appreciate the import of Anna's sacrifice and to discover the power of "love" to overcome her fear. -/- What then, are we to make of Elsa as a character? It is the younger sister Anna who corresponds most closely to Gerda, the unquestioned protagonist of Andersen’s original tale, and her character arc fits neatly with the well-known “Hero’s Journey” model for describing myth (Campbell 2020). It is Anna, for example, who goes on a quest, meets a group of motley companions (the human Kristoff, the reindeer Sven, and the magical snowman Olaf), accepts advice from wise elders (the trolls), undergoes a severe trial, and even gets the "reward" of romantic love at the end. All of this has led some scholars (Niemiec and Bretherton 2015; Heit 2019) to hold up Anna, rather than Elsa, as something like the hero of the story. Existing scholarship on Elsa, by contrast, has focused largely on issues related to her gender and sexuality (Law 2014; Lee 2015; Steinhoff 2017; Streiff and Dundes 2017; Dundes, Streiff, and Streiff 2018; Dundes 2020; Llompart and Brugué 2020). In what follows, I’ll be taking a closer look at Elsa’s unique status as a protagonist, and what her struggles with fate reveal about the nature of free will and ethical responsibility. I’ll argue that Elsa provides a useful model of a “Stoic hero” and that her strengths and weaknesses as a character provide valuable insight into an often-misunderstood school of philosophy. My argument will proceed in several stages. I’ll begin by describing the basic tenets of Stoic philosophy, paying special attention to the role of fate and nature. I’ll then move on to a more detailed treatment of Stoic ethics, as exemplified by Elsa’s own character development. I’ll close by considering the infamous “Lazy Argument” against. (shrink)

The common view that Hume is a regularity theorist about laws of nature isn’t textually well grounded. The texts show that he thinks of them as objective governing principles that could conceivably be violated while still counting as a law of nature. This is a standard view at the time, and Hume borrows it from others. He implies that the best evidence for rational religion is the exceptionless workings of the laws of nature, he argues that suicide isn’t incompatible with (...) the will of God by identifying his will with the laws of nature, and he has Philo argue for the existence of God from the simplicity of the laws governing the world. He sheds some of the theological baggage that laws of nature carry at the time, but not all of it. (shrink)

This chapter discusses major theories of domestic justice in the context of South African Constitutional, statutory and case law. It begins by considering when it is permissible for legislators to restrict civil liberty. South Africa's Parliament has criminalised prostitution, liquor sales on Sundays and marijuana use, actions that few liberals would say should be illegal. However, South African law permits abortion, gambling and homosexual relationships, which many conservatives would criminalise. Is there any deep inconsistency here? Should South Africa become more (...) liberal or less? Then, this essay takes up the issue of the way the law ought to govern the distribution of personal property such as houses, TVs and money. Is it permissible for the state to force those who have acquired wealth without using force or fraud to give some of it to those with less? Libertarians say that it is not permissible, while redistributivists say that it is. If the latter are correct, are wealthy South Africans giving their fair share, and is the South African state redistributing it in the right way? Next, the discussion considers whether the law should protect private property, something that capitalists affirm and socialists deny. Despite its socialist disposition before the end of apartheid, the ANC has decisively promoted private ownership of the means of production. Has this been appropriate? Is there a 'third way' between the communism of the East and the capitalism of the West that South Africa should pursue? The chapter concludes by providing a brief summary of the use of legal coercion in the new South Africa along with readings for further consideration. (shrink)

In the light of a study of the di erence between political actors and ordinary citizens as language users, and based on three moral arguments (consequence-based, recognition-based, and complicity-based), we propose that democratic representatives have an imperfect duty to use gender-fair-language in their public communication. In the case of members of the executive, such as ministries, prime ministries, and presidents, such an imperfect duty could also be justi ed on democratic grounds. Their choice of using a gender-unfair language, (...) we argue, can cast doubts on the fundamental democratic commitment to respect the agency of all present and future citizens as potential participants in the law-making process. (shrink)

This article is concerned with the place counterfactual reasoning occupies in South African law, and how philosophy might be able to help the law. I point out some of the more important and unavoidable uses of counterfactual reasoning in our law. Following this I make some suggestions as to how philosophy, and especially informal logic, can be of help to the law. Finally, I make some suggestions as to how the law in turn can help philosophy.

This paper seeks to identify the distinctive moral wrong of stalking and argues that this wrong is serious enough to criminalize. We draw on psychological literature about stalking, distinguishing types of stalkers, their pathologies, and victims. The victimology is the basis for claims about what is wrong with stalking. Close attention to the experiences of victims often reveals an obsessive preoccupation with the stalker and what he will do next. The kind of harm this does is best understood in relation (...) to the value of privacy and conventionally protected zones of privacy. We compare anti-stalking laws in different jurisdictions, claiming that they all fail in some way to capture the distinctive privacy violation that stalking involves. Further reflection on the seriousness of the invasion of privacy it represents suggests that it is a deeply personal wrong. Indeed, it is usually more serious than obtrusive surveillance by states, precisely because it is more personal. Where state surveillance genuinely is as intrusive as stalking, it tends to adopt the tactics of the stalker, imposing its presence on the activist victim at every turn. Power dynamics —whether rooted in the power of the state or the violence of a stalker —may exacerbate violations of privacy, but the wrong is distinct from violence, threats of violence and other aggression. Nor is stalking a simple expression of a difference in power between stalker and victim, such as a difference due to gender. (shrink)

This paper explores two ideas in Aristotle: the idea that a just person is necessarily a lawful and law-abiding citizen, and second, the idea that the virtuous person necessarily cares about the common good. In this paper, I show that justice and its concern for the common good is central to Aristotle’s conception of the virtuous agent, and that justice, in turn, cannot be understood apart from the various laws that states devise for the common benefit.

ABSTRACTIn a recent paper, Michael Pardo argues that the epistemic property that is legally relevant is the one called Safety, rather than Sensitivity. In the process, he argues against our Sensitivity-related account of statistical evidence. Here we revisit these issues, partly in order to respond to Pardo, and partly in order to make general claims about legal epistemology. We clarify our account, we show how it adequately deals with counterexamples and other worries, we raise suspicions about Safety's value here, and (...) we revisit our general skepticism about the role that epistemological considerations should play in determining legal policy. (shrink)

This paper addresses five questions: First, what is trajectory of Western liberal ethics and politics in defining life, rights and citizenship? Second, how will neuro-remediation and other technologies change the definition of death for the brain injured and the cryonically suspended? Third, will people always have to be dead to be cryonically suspended? Fourth, how will changing technologies and definitions of identity affect the status of people revived from brain injury and cryonic suspension? I propose that Western liberal thought is (...) working towards a natural end, a “telos.” In response to a variety of biotechnologies, law and public opinion in liberal democracies will be forced to make explicit that the rights of a living thing are determined by its level of consciousness. I discuss the way that technology will force three clarifications about the value of consciousness, at the beginning, the end and boundaries of human life. Sentience and personhood will become the basis of moral concern, regardless of its media. Just as human rights have become independent of race, gender and property, rights will become independent of being a breathing human being. But even as we make this transition, the cryonically preserved are still likely to be considered dead for pragmatic reasons, albeit with gradually increasing rights as technology makes their reanimation increasingly probable. I suggest that it could be acceptable to cryonicists that the frozen continue to be defined as dead if assisted suicide can be legalized. Under a liberal assisted suicide policy cryonicists might be allowed to carry out suspension before a declaration of death, preserving the maximum amount of neural information. The gradual redefinition of life and personal identity in terms of psychological continuity will also have consequences for the legal status of the reanimated. If, due to information loss, the reanimated do not meet a threshold of psychological continuity, they may be considered new persons. Cryonicists may therefore wish to specify ahead of time whether they are still interested in being reanimated if pre-animation assessment suggests that the result will not meet the necessary threshold of continuity. Finally, I touch on the way that neural technology will fundamentally problematize the separate, autonomous self on which liberal democratic values are based, leading to a legal and political Singularity. It is this looming neural Singularity that makes the proposed liberal democratic telos a final stage in humanistic thought, before it is superceded by something radically different. (shrink)

This paper is the expository and evaluative introduction to my new edition of Emerson's Society and Solitude, Twelve Chapters.

The last two decades have seen a welcome proliferation of the collection and dissemination of data on social progress, as well as considered public debates rethinking existing standards of measuring the progress of societies. These efforts are to be welcomed. However, they are only a nascent step on a longer road to the improved measurement of social progress. In this paper, I focus on the central role that gender should take in future efforts to measure progress in securing human (...) rights, with a particular focus on anti-poverty rights. I proceed in four parts. First, I argue that measurement of human rights achievements and human rights deficits is entailed by the recognition of human rights, and that adequate measurement of human rights must be genuinely gender-sensitive. Second, I argue that existing systems of information collection currently fail rights holders, especially women, by failing to adequately gather information on the degree to which their rights are secure. If my first two claims are correct, this failure represents a serious injustice, and in particular an injustice for women. Third, I make recommendations regarding changes to existing information collection that would generate gender-sensitive measures of anti-poverty rights. Fourth, I conclude by responding to various objections that have been raised regarding the rise of indicators to track human rights. (shrink)

Gender-Based violence (GBV) is a disturbing phenomenon prevalent in all regions of the world. GBV is seen as any harmful act that is carried out against a person’s consent and that it is as a result of socially ascribed (gender) dissimilarities between males and females. The study exposes that the fight against GBV have been unsuccessful because of several factors which includes the acceptance of such actions by some traditions and cultures therefore bringing to the fore conventional ethical (...) relativism, in other words, cultural relativism. The study concluded that the rate of GBV in Nigeria is soaring high and the neglect to tackle it has made it turnout to be a shadow pandemic ravaging Nigeria. Consequently, the study amongst others recommends that the Nigerian National Assembly should enact new laws against GBV because its eradication can only be possible using the law as an instrument of social change. (shrink)

Some think that logic concerns the “laws of truth”; others that logic concerns the “laws of thought.” This paper presents a way to reconcile both views by building a bridge between truth-maker theory, à la Fine, and normative bilateralism, à la Restall and Ripley. The paper suggests a novel way of understanding consequence in truth-maker theory and shows that this allows us to identify a common structure shared by truth-maker theory and normative bilateralism. We can thus transfer ideas from normative (...) bilateralism to truth-maker theory, such as non-transitive solutions to paradox, and vice versa, such as notions of factual equivalence and containment. (shrink)

Originalism has long been criticized for its “law office history” and other historical sins. But a recent “positive turn” in originalist thought may help make peace between history and law. On this theory, originalism is best understood as a claim about our modern law — which borrows many of its rules, constitutional or otherwise, from the law of the past. Our law happens to be the Founders’ law, unless lawfully changed. This theory has three important implications for the role of (...) history in law. First, whether and how past law matters today is a question of current law, not of history. Second, applying that current law may often require deference to historical expertise, but for a more limited inquiry: one that looks specifically at legal doctrines and instruments, interprets those instruments in artificial ways, and makes use of evidentiary principles and default rules when the history is obscure. Third, ordinary legal reasoning already involves the application of old law to new facts, an inquiry that might other-wise seem daunting or anachronistic. Applying yesterday’s “no vehicles in the park” ordinance is no less fraught — and no more so — than applying Founding-era legal doctrines. (shrink)

A book Review of Artificial Knowing Gender and the Thinking Machine, by Alison Adam, Routledge: Taylor and Francis, 1998.

This paper is on Descartes’ account of modality and, in particular, his account of the necessity of the laws of nature. He famously argues that the necessity of the “eternal truths” of logic and mathematics depends on God’s will. Here I suggest he has the same view about the necessity of the laws of nature. Further, I argue, this is a plausible theory of laws. For philosophers often talk about something being nomologically or physically necessary because of the laws of (...) nature, but this necessity is thought to be metaphysically contingent. However, they struggle to explain how the laws could be genuinely necessary while being metaphysically contingent. The chief advantage of Descartes view, I argue, is that God’s will can plausibly explain both the necessity of the laws and the contingency of the laws. So, Descartes’ theistic account of laws provides a plausible explanation, perhaps the best explanation, of the contingent-necessity of laws of nature. (shrink)

This brief paper summarizes a series of postal investigations on the acceptance of selection for X or Y spermatozoa. These were conducted mainly in Germany but also in the UK, the Netherlands and the US. Selected families were approached with a series of questions about their wish to use sperm selection, and their choice of boys or girls. In general, large majorities opposed this approach for family balancing or sex selection on the basis of cost and inconvenience of the treatment. (...) The view was expressed that its use in medicine was more acceptable. Care was taken to compose a series of open questions to particular sections of the population, e.g.men versus women, differing ages, and families with imbalanced sex ratios. More favourable responses arose, for example in pregnant women. Overall, all four nations had large majorities against the use of sex selection. (shrink)

Abstract. As a general theory of reasoning—and as a general theory of what holds true under every possible circumstance—logic is supposed to be ontologically neutral. It ought to have nothing to do with questions concerning what there is, or whether there is anything at all. It is for this reason that traditional Aristotelian logic, with its tacit existential presuppositions, was eventually deemed inadequate as a canon of pure logic. And it is for this reason that modern quantification theory, too, with (...) its residue of existentially loaded theorems and patterns of inference, has been claimed to suffer from a defect of logical purity. The law of non-contradiction rules out certain circumstances as impossible—circumstances in which a statement is both true and false, or perhaps circumstances where something both is and is not the case. Is this to be regarded as a further ontological bias? (shrink)

It is widely agreed that fiction is necessarily incomplete, but some recent work postulates the existence of universal fictions—stories according to which everything is true. Building such a story is supposedly straightforward: authors can either assert that everything is true in their story, define a complement function that does the assertoric work for them, or, most compellingly, write a story combining a contradiction with the principle of explosion. The case for universal fictions thus turns on the intuitive priority we assign (...) to the law of non-contradiction. My goal in this paper is to show that our critical and reflective literary practices set constraints on story-telling which preclude universal fictions. I will raise four stumbling blocks for universal fictionalists: the gap between saying and making true, our actual interpretive reactions to story-level contradictions, the criteria we accept for what counts as a story in our literary practices, and the undesirability of the universal fictionalist’s closure principles. (shrink)

Review of Joan Callahan, Reproduction, Ethics and the Law: Feminist Perspectives.

A gunman intends to shoot and kill Victim. He shoots and misses his target, but the gunshot startles a group of water buffalo, causing them to trample the victim to death. The gunman brings about the intended effect, Victim’s death, but in a “deviant” way rather than the one planned. This paper argues that such causal structures, deviant causal chains, pose serious problems for several key legal concepts. -/- I show that deviant causal chains pose problems for the legal distinction (...) between attempts and completed crimes, and also for the distinction between attempts and mere preparations. I then suggest that cases of deviant causation undermine notions of legal liability for completed crimes in terms of actus reus and mens rea, and argue that natural accounts of negligence misclassify some cases involving deviant causal chains. After diagnosing several conceptual vulnerabilities in the law revealed by deviant causal chains, I show that natural strategies for shoring up legal theories in the face of these examples are unpromising. (shrink)

This article applies Charles W. Mills’ notion of the domination contract to develop a Kantian theory of justice. The concept of domination underlying the domination contract is best understood as structural domination, which unjustifiably authorizes institutions and labour practices to weaken vulnerable groups’ public standing as free, equal and independent citizens. Though Kant’s theory of justice captures why structural domination of any kind contradicts the requirements of justice, it neglects to condemn exploitive gender- and race-based labour relations. Because the (...) ideal of civic equality must position all persons as co-legislators of the terms of political rule, the state must dismantle exploitive race- and gender-based labour relations for all persons to command political power as civic equals. (shrink)

The experimental turn in philosophy has reached several sub-fields including ethics, epistemology, and metaphysics. This paper is among the first to apply experimental techniques to questions in the philosophy of law. Specifically, we examine Lon Fuller's procedural natural law theory. Fuller famously claimed that legal systems necessarily observe eight principles he called "the inner morality of law." We evaluate Fuller's claim by surveying both ordinary people and legal experts about their intuitions about legal systems. We conclude that, at best, we (...) should be skeptical of Fuller's inner morality of law in light of the experimental data. (shrink)

Reasoning by default is a relevant aspect of everyday life that has traditionally attracted the attention of many fields of research, from psychology to the philosophy of logic, from economics to artificial intelligence. Also in the field of law, default reasoning is widely used by lawyers, judges and other legal decision-makers. In this paper, a philosopher of language (Carlo Penco) and a philosopher of law (Damiano Canale) attempt to explore some uses of default reasoning that are scarcely considered by legal (...) theory. In particular, the dialogue dwells on the notion of literal meaning, witness testimony, and the problem of disagreement among experts in legal proceedings. The paper is intended as a sort of brain storming useful to identify new lines of research straddling philosophy of law, cognitive psychology and philosophy of language. (shrink)