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Switch to: References
Citations of:
Offense to Others: The Moral Limits of the Criminal Law
Philosophical Review 98 (2):239-242 (1989)
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Since the dawn of the internet, pornography has effectively become ubiquitous, pervasive, and increasingly normalised. Study findings show remarkable similarities in how the brain reacts to pornography, and other known addictive substances, and indicate that consuming pornography is comparable to consuming other known addictive substances. Moreover, two of the biggest risk factors for addiction are the substance’s availability and its easy accessibility, particularly in the case of younger persons. To date, pornography addiction has been conceptualised as a behavioural addiction. However, (...) |
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Intuitively, a speaker who uses slurs to refer to people is doing something morally objectionable even if no one is measurably affected by their speech. Perhaps they are only talking to themselves, or they are speaking with bigots who are already as vicious as they can be. This paper distinguishes between slurring as an expressive act and slurring as the act of causing a psychological effect. It then develops an expression-focused ethical account in order to explain the intuition that slurring (...) |
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Public arguments can be good or bad not only as a matter of logic, but also in the sense that speakers can _do_ good or bad things with arguments. For example, hate speakers use public arguments to contribute to the subordination of their targets. But how can ordinary speakers acquire the authority to perform subordinating speech acts? This is the ‘Authority Problem’. This paper defends a solution inspired by McGowan’s (Australas J Philos 87:389–407, 2009) analysis of oppressive speech, including against (...) |
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Do privacy rights restrict what is permissible to infer about others based on statistical evidence? This paper replies affirmatively by defending the following symmetry: there is not necessarily a morally relevant difference between directly appropriating people’s private information—say, by using an X-ray device on their private safes—and using predictive technologies to infer the same content, at least in cases where the evidence has a roughly similar probative value. This conclusion is of theoretical interest because a comprehensive justification of the thought (...) |
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Acts of civil disobedience are undertaken in defense of a variety of causes ranging from banning GMO crops and prohibiting abortion to fighting inequality and saving the environment. Recently, Brownlee has argued that the merit of a cause is not relevant to the establishment of a moral right to civil disobedience. Instead, it is the fact that a dissenter believes his cause for protest to be morally right that is salient. We may term her and similar such theories belief-relative theories (...) |
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El objetivo de este artículo es proponer cuatro condiciones éticas para la regulación de la pornografía en un Estado con tendencia liberal democrática: las dos primeras se relacionan con la producción del material pornográfico, la tercera con el contenido de dicho material y la cuarta con su repercusión social. De acuerdo con ello, en primer lugar, se presenta una definición de pornografía que incluye las perspectivas de las feministas radicales y liberales. En segundo lugar, se desarrolla un marco normativo para (...) |
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I argue that there are strong consequentialist grounds for thinking that hate speech should be legally protected. The protection of hate speech allows those who are hateful to make their beliefs public, thereby exposing prejudices that might otherwise be suppressed to evaluation by other members of society. This greater transparency about prejudices has two social benefits. First, it facilitates social trust by making it easier to discover who holds beliefs that should exclude them from positions of authority, responsibility, and influence. (...) |
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This entry surveys issues at the intersection of art and morality. Particular emphasis is placed on whether, and in what way, the moral character of a work of art influences its artistic value. Other topics include the educational function of art and artistic censorship. |
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This article provides an overview of the key philosophical themes and debates in discussions of pornography. In particular, I consider the major positions on how pornography ought to be defined, when (and if ) it should be regulated, whether it is best understood as speech (or action), whether there is evidence that is it harmful. I argue in favor of what is known as the civil rights approach to pornography, as reflected in the work of Catharine MacKinnon. |
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Gerald Gaus was one of the leading liberal theorists of the early twenty-first century. He defended liberal order based on its unique capacity to handle deep disagreement and pressed liberals toward a principled openness to pluralism and diversity. Yet, almost everything written about Gaus's work is evaluative: determining whether his arguments succeed or fail. This essay breaks from the pack by outlining underlying themes in his work. I argue that Gaus explored how to sustain moral relations between persons in light (...) |
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Here is a familiar liberal argument: just as it can be beneficial to establish a marketplace, in which producers of goods freely compete for the custom of consumers, it can be beneficial to establish a “marketplace of ideas,” in which defenders of ideas freely compete for the acceptance of those ideas by others. This paper is about the preconditions for the proper functioning of liberal marketplaces, and of marketplaces of ideas in particular. I will argue that, just as the proper (...) |
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Debates about the ethics of health care and medical research in contemporary pluralistic democracies often arise partly from competing religious and secular values. Such disagreements raise challenges of balancing claims of religious liberty with claims to equal treatment in health care. This paper proposes several mid-level principles to help in framing sound policies for resolving such disputes. We develop and illustrate these principles, exploring their application to conscientious objection by religious providers and religious institutions, accommodation of religious priorities in biomedical (...) |
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It is widely held that to break a promise that one made to a person who is now dead would be to wrong her. This view undergirds many positions in bioethics, ranging from those that concern who may access a person’s medical records after she has died, to questions concerning organ procurement and posthumous procreation. Ashley Dressel has argued that there is no reason to believe that promissory obligations can be owed to people who are dead. Although her arguments are (...) |
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ABSTRACTInternational sporting associations like the International Federation of Football Associations, the International Olympic Committee and Fédération Internationale de l’Automobile have throughout the twentieth century promoted political neutrality as a source of autonomy. With FIFA and the IOC’s official adherence to the United Nations’ human rights conventions in 2017, FIA remains one of the few large ISAs where neutrality is not underpinned by a corrective on human rights. However, this position is in conflict with the ethical obligations FIA contracted when it (...) |
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John Stuart Mill’s famous “harm principle” has been popular in the limitation of freedoms within human rights jurisprudence. It has been used formally in court cases and also informally in legal argumentation and conversation. Shortly, it is described as a very simple principle that amounts to the notion that persons are at liberty to do what they want as long as their actions do not harm any other person or society in general. This article questions whether it is legitimate to (...) |
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Much attention has been given in recent years to the moral status of commercial spam. Less attention has been focused on newer, non-commercial varieties of spam, such as spam from political parties, community sector organizations and governments. This article makes a start on evaluating the moral status of these non-commercial varieties of spam, drawing on arguments used to evaluate commercial spam. |
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Martha C. Nussbaum, Hiding from Humanity: Disgust, Shame, and the Law. Princeton Nf: Princeton University Press, 2004, xv #;pl 413 pp. |
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Sex work’s governance throughout the Commonwealth has historically been animated by the objective of rendering the sale of sex, and those who engage in such transactions, invisible. To achieve this end, lawmakers have characterized public, viewable sex work as a nuisance meriting criminalization. Although prohibition results in unequivocal perils for sex workers, governance strategies in this domain remain centred on criminalization. A new law in Canada, Bill C-36: the Protection of Communities and Exploited Persons Act, exemplifies this point. While Bill (...) |
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A central aim within criminal justice ethics is to give a plausible justification concerning which type of acts ought to be criminalized by the state. One of the principles of criminalization which has been presented and critically discussed in the philosophical literature is the Offense Principle. The primary aim of this paper is to argue that unless a rather special and implausible objective list theory of well-being is accepted, the Offense Principle should be subsumed in the Harm Principle. |
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In May 2017, yet another South African university became a site of hate speech. Three students chose to display Nazi-inspired posters, which advertised an ‘Anglo-Afrikaner student’ event, under the motto ‘Fight for Stellenbosch’. That the posters provoked the response which it so obviously sought, was evident in the student outrage, and the swift condemnation from university management. Neither the prevalence of hate speech, nor its predictable responses, is new. The central concern of this article is to consider the extent to (...) |
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Although nurses in almost every long-term care facility face daily challenges involving issues related to residents' sexual lives, guidelines for ethically supporting sexual activity are rare and inadequate. A decision-making framework was developed to guide care providers in responding to the sexual expression of residents in long-term care. The framework recommends that nurses should weigh the documented substantial benefits of having a sexual life against harm to the resident and others, and against offence to others. This article illustrates the use (...) |
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