Prison as a Torturous Institution Philosophers working on torture have largely failed to address the widespread use of torture in the U.S. prison system. Drawing on a victim-focused definition of torture, I argue that the U.S. prison system is a torturous institution in which direct torture occurs (the use of solitary confinement) and in which torture is allowed to occur through the toleration of sexual assault of inmates and the conditions of mass incarceration. The use and toleration of torture expresses (...) and reinforces the moral exclusion of those subjected to it, particularly African Americans. Importantly, this moral exclusion and the experience of torture may be created and reinforced through institutional practices independently of the intentions of individuals acting within those institutions. By prioritizing torture victims’ experiences and severing the link between torture and intention, my account forces a recognition that, far from being inconsistent with U.S. values, torture is deeply embedded within U.S. institutions. (shrink)

In this paper I will use sex by deception as a case study for highlighting some of the most tricky concepts around sexuality and moral psychology, including rape, consensual sex, sexual rights, sexual autonomy, sexual individuality, and disrespectful sex. I begin with a discussion of morally wrong sex as rooted in the breach of five sexual liberty rights that are derived from our fundamental human liberty rights: sexual self-possession, sexual autonomy, sexual individuality, sexual dignity and sexual privacy. I then argue (...) (against the standard interpretation) that experimental findings in moral psychology show that the principle of respect for persons—a principle that grounds our human liberty rights—drives our intuitive moral judgments. In light of this discussion, I examine a puzzle about sex by deception—a puzzle which at first may seem to compel us to define 'rape' strictly in terms of force rather than sexual autonomy. I proceed by presenting an argument against the view that, as a rule, sex by deception undermines consent—a position held by prominent thinkers such as Philippe Patry (2001), Onora O’Neill (2003), Rubenfeld (2012), Tom Dougherty (2013a, 2013b), Joyce M. Short (2013), and Danielle Bromwich and Joseph Millum (2013, 2018). As we will see, sex following deception to increase your chances does not always constitute rape. Lying about your age, education, job, family background, marital status, or interest in a relationship, for example, does not make your sex partner incapable of consenting, which is to say that sex by deception need not be rape. I even go so far as to say that sex with another person that is facilitated by withholding information about having a venereal disease shouldn't be classified as rape. Although sex by deception doesn't compromise consent, it nonetheless violates the principle of respect for persons, not by vitiating sexual autonomy and compromising consent, but by failing to respect other sexual rights, such as our rights to sexual dignity, individuality, and privacy. (shrink)

I explore how considerations about psychological damage connect with moral theories.

Philosophy & Social Criticism, Volume 48, Issue 6, Page 833-859, July 2022. Two decades ago, Tarana Burke started using the phrase ‘me too’ to release victims of sexual abuse and rape from their shame and to empower girls from minority communities. In 2017, actress Alyssa Milano made the hashtag #MeToo go viral. This article’s concern is with the role of testimonial practices in the context of sexual violence. While many feminists have claimed that the word of those who claim to (...) being sexually violated by others have political and/or epistemic priority, others have failed to recognize the harm and injury of instances of sexual violence that are not yet acknowledged as such and failed to listen to victims from marginalized social groups. In fact, some feminists have attacked #MeToo for mingling accounts of ‘proper’ sexual violence and accounts that are not ‘proper’ experiences of sexual violence. My aim in this article is to show why this critique is problematic and find a philosophically fruitful way to understand the #MeToo-movement as a movement that strives for moral and conceptual progress. (shrink)

Miranda Fricker’s account of hermeneutical injustice and remedies for this injustice are widely debated. This article adds to the existing debate by arguing that theories of recog- nition can fruitfully contribute to Fricker’s account of hermeneutical injustice and can provide a framework for structural remedy. By pairing Fricker’s theory of hermeneutical injustice with theories of recognition, I bring forward a modest claim and a more radical claim. The first concerns a shift in our vocabulary; recognition theory can give a name (...) to the seriousness of the long-term effects of hermeneutical injustice. The second claim is more radical: thinking of hermeneutical injustice as preventing what I call “self-recogni- tion” provides a structural remedy to the phenomenon of hermeneutical injustice. Because hermeneutical injustice is first and foremost a structural injustice, I contend that every virtue theory of hermeneutical justice should be complemented by structural remedies in terms of recognition. Finally, what I argue sheds light on the seriousness of cases of exclusion of and discrimination against women in academia and helps to draw our attention to new ways to combat such problems. (shrink)

I classify emotions in the family of regret, remorse, and so on, in such a way that it is easy to see how there can be further emotions in this family, for which we happened not to have names in English. I describe some of these emotions.

The historical making of human dignity is usually understood either as a result of a progressive history of the recognition of the human being’s worthiness or as an upward equalization of ranks. Th...

The significance of being an intellectual when taken prisoner and sent to a concentration camp by the Nazis is rarely discussed – instead, the importance of being either a Jew or a political prisoner is highlighted. By contrast, Jean Amery’s recollections of being tortured and sent to Auschwitz concentrate on his self-understanding as an intellectual. What difference does the identity and outlook as an intellectual make in the extreme circumstances found in Auschwitz? The paper discusses Amery’s views on this question, (...) invoking that of others who have also addressed it, like Primo Levi and Theodor Adorno. (shrink)

J. M. Bernstein argues that to capture the depths of the harm of torture, we need to do away with the idea that we possess intrinsic and inviolable worth. If personhood is inviolable, then torture can inflict only apparent harm on our standing as persons. Bernstein claims that torture is a paradigm of moral injury because it causes what he calls “devastation”: The victim experiences an actual degradation of his or her personhood. Bernstein argues that our value is given to (...) us through mutual recognition and hence can be lost. In this paper, I argue that if our human value can be lost, then it first must be built up. If it must be built up, then the question of our status before the building begins must be answered. Bernstein faces a problem of human beings who fall outside relations of mutual recognition and hence are valueless. His best option for answering this problem is to point to the centrality of the body in his account of recognition, but doing so reveals a notion of intrinsic worth implicit in his account. I call for a revision of Bernstein's account that can hold on to devastation without eschewing intrinsic worth. (shrink)

After the fall of an oppressive regime, public interpretation of the past provides the normative backbone for the new society’s institutional framework. This narrative also molds temporality on a collective level, elevating some events and eras above the floating river of time, while omitting or suppressing others. In all societies, collective memory, and the temporality embedded within it, are mediated within the public domain. This paper argues that the hyper-accelerated time of transition leaves its mediating function vulnerable and prone to (...) slip into manipulation. By monopolizing the public interpretation of the past and manipulating public temporality, political regimes undermine the processes of healing and reconciliation, which require us to recognize different voices and interpretations. A manipulated temporality, that clashes with the personal temporality of lived experience, may violate personal identity and dignity and impede the democratic project. (shrink)

The text aims to explore legal and moral aspects of torture. Under the legal aspect the text compares three definitions of torture: UN definition, Brazilian definition, and Spanish definition. In this regard, neither the UN formulation nor the Brazilian formulation are ideal, because the Brazilian legal definition restricts the element of action by the part of the perpetrator of torture, and the UN convention restricts the effect on the victim, given that pain or suffering should be severe. The hypothesis is (...) that a better proposal could be linked to the Spanish Penal Code, which in its art. 174 defines torture as the submission of someone “to conditions or procedures that, due to their nature, duration or other circumstances, involve physical or mental suffering, the suppression or decrease of their faculties of knowledge, discernment or decision, or that otherwise undermine their moral integrity”. Concerning the moral meaning of the repulse to torture it is intended to defend the paradigmatic character of the human right to not be tortured in at least two respects. The first aspect refers to its universalizing vocation in the full sense, since it can be extended to all sentient beings. In this regard, the prohibition of torture goes beyond the dominium of personality to advance in the direction of a domain of suffering not determined by the mask of personality. The second aspect is that the prohibition stands for an absolute right with no exceptions, precisely because of its deeper moral content.Keywords:radical evil, torture, perpetrator. (shrink)

This essay offers a comparative analysis of the notion of trust in Hegel and Confucius. It shows that Hegel’s two senses of trust depend upon his theory of recognition and recognitive struggle. The competitive thrust of Hegel’s account of trust, it argues, introduces a series of problems that cannot be adequately resolved within his theory, since it presupposes the kinds of trusting relations—self-, intersubjective- and world-trust—that it purports to explain. This essay then turns to the Confucian notions of xin 心 (...) and li 理 to address the problems in the Hegelian account. It concludes by outlining the Confucian account’s salience for critical social theory. (shrink)

In diesem Aufsatz wird die bislang kaum beachtete frühe Moralphilosophie von Max Horkheimer aus den 1930er Jahren in ein produktives Spannungsverhältnis zu den Grundannahmen des ethischen Naturalismus gesetzt. Horkheimer versteht die Moral als ein normatives Instrument, mit dem die menschliche Gattung ihr gesellschaftliches Leben zu organisieren versucht. Die natürliche Normativität der menschlichen Lebensform ist für Horkheimer selbst historisch bestimmt, als die menschliche Lebensform sich notwendig nur historisch realisieren kann. In der bürgerlichen Gesellschaft ist diese Normativität nach Horkheimer widersprüchlich verfasst: Einerseits (...) sollen die Menschen moralischen Normen und nicht allein ihren eigenen Interessen folgen, andererseits erfordert die bürgerliche Gesellschaft gerade das rücksichtslose Verfolgen eigener Interessen, da sonst die Selbsterhaltung der Menschen gefährdet würde. Die Auswirkungen dieser Widersprüchlichkeit werden hier anhand von drei Aspekten untersucht: die Opazität und Naturhaftigkeit der bürgerlichen Gesellschaft, das Leiden der menschlichen Natur, Geschichte als Anpassungsprozess der menschlichen Natur. Abschließend wird Horkheimers Ansatz hinsichtlich seiner theoretischen Reichweite in den moralphilosophischen Diskussionen der gegenwärtigen Kritischen Theorie verortet. (shrink)

By executive order—later passed into law—President Obama closed legal loopholes used to justify torture by his predecessor. Less often discussed, his administration also instituted scientific research into the most effective interrogation techniques. This dual-track approach already demands the use of two different methods to properly discuss the policy, and in this article, a third is put forward for a fuller interdisciplinary view. That is to say, although there are notable shortcomings, scientific and legal developments will be explored to illuminate how (...) he also clarified a moral stance for the nation. Put all together, this article will show that Obama indeed achieved laudable steps towards preventing the reintroduction of torture. (shrink)