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  1. Justifications of freedom of speech: Towards a double-grounded non-consequentialist approach.Devrim Kabasakal Badamchi - 2015 - Philosophy and Social Criticism 41 (9):907-927.
    This article aims to develop a ground for freedom of speech that combines two justifications – democratic participation and autonomy. First, it is argued that consequentialist justifications, such as discovery of truth and personal development, are far from providing a strong justification for free speech due to their reliance on uncertain empirical validation. Second, it is claimed that a stronger and better ground for free speech can be constructed by articulating two non-consequentialist justifications for free speech – democratic participation and (...)
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  • The Civic Duty to Report Crime and Corruption.Candice Delmas - 2014 - Les ateliers de l'éthique/The Ethics Forum 9 (1):50-64.
    Is the civic duty to report crime and corruption a genuine moral duty? After clarifying the nature of the duty, I consider a couple of negative answers to the question, and turn to an attractive and commonly held view, according to which this civic duty is a genuine moral duty. On this view, crime and corruption threaten political stability, and citizens have a moral duty to report crime and corruption to the government in order to help the government’s law enforcement (...)
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  • Freedom of Speech.D. V. Mill - forthcoming - Stanford Encyclopedia of Philosophy.
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  • Human Rights for the Digital Age.Kay Mathiesen - 2014 - Journal of Mass Media Ethics 29 (1):2-18.
    Human rights are those legal and/or moral rights that all persons have simply as persons. In the current digital age, human rights are increasingly being either fulfilled or violated in the online environment. In this article, I provide a way of conceptualizing the relationships between human rights and information technology. I do so by pointing out a number of misunderstandings of human rights evident in Vinton Cerf's recent argument that there is no human right to the Internet. I claim that (...)
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  • Legal Coercion, Respect & Reason-Responsive Agency.Ambrose Y. K. Lee - 2014 - Ethical Theory and Moral Practice 17 (5):847-859.
    Legal coercion seems morally problematic because it is susceptible to the Hegelian objection that it fails to respect individuals in a way that is ‘due to them as men’. But in what sense does legal coercion fail to do so? And what are the grounds for this requirement to respect? This paper is an attempt to answer these questions. It argues that legal coercion fails to respect individuals as reason-responsive agents; and individuals ought to be respected as such in virtue (...)
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  • The Cringing and the Craven: Freedom of Expression in, Around, and Beyond the Workplace.Bruce Barry - 2007 - Business Ethics Quarterly 17 (2):263-296.
    ABSTRACT:Work is a place where many adults devote significant portions of their waking lives, but it is also a place where civil liberties, including freedom of speech, are significantly constrained. I examine the regulation and control of expressive activity in and around the workplace from legal, managerial, and ethical perspectives. The focus of this article is onworkplace freedom of expression:the ability to engage in acts of expression at or away from the workplace, on subjects related or unrelated to the workplace, (...)
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  • The Democratic University: The Role of Justice in the Production of Knowledge.Elizabeth S. Anderson - 1995 - Social Philosophy and Policy 12 (2):186-219.
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  • The Rights of the Guilty: Punishment and Political Legitimacy.Corey Brettschneider - 2007 - Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...)
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  • H5N1 Avian Flu Research and the Ethics of Knowledge.David B. Resnik - 2013 - Hastings Center Report 43 (2):22-33.
    Scientists and policy‐makers have long understood that the products of research can often be used for good or evil. Nuclear fission research can be used to generate electricity or create a powerful bomb. Studies on the genetics of human populations can be used to understand relationships between different groups or to perpetuate racist ideologies. While the notion that scientific research often has beneficial and harmful uses has been discussed before, the threat of bioterrorism—a concern that has only grown since 2001—has (...)
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  • Ban the Sunset? Nonpropositional Content and Regulation of Pharmaceutical Advertising.Paul Biegler & Patrick Vargas - 2013 - American Journal of Bioethics 13 (5):3-13.
    The risk that direct-to-consumer advertising of prescription pharmaceuticals (DTCA) may increase inappropriate medicine use is well recognized. The U.S. Food and Drug Administration addresses this concern by subjecting DTCA content to strict scrutiny. Its strictures are, however, heavily focused on the explicit claims made in commercials, what we term their “propositional content.” Yet research in social psychology suggests advertising employs techniques to influence viewers via nonpropositional content, for example, images and music. We argue that one such technique, evaluative conditioning, is (...)
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  • A Kantian Conception of Free Speech.Helga Varden - 2010 - In Deidre Golash (ed.), Free Speech in a Diverse World. Springer.
    In this paper I provide an interpretation of Kant’s conception of free speech. Free speech is understood as the kind of speech that is constitutive of interaction respectful of everybody’s right to freedom, and it requires what we with John Rawls may call ‘public reason’. Public reason so understood refers to how the public authority must reason in order to properly specify the political relation between citizens. My main aim is to give us some reasons for taking a renewed interest (...)
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  • Sincerity Silencing.Mary Kate Mcgowan - 2014 - Hypatia 29 (2):458-473.
    Catharine MacKinnon claims that pornography silences women in a way that violates the right to free speech. This claim is, of course, controversial, but if it is correct, then the very free speech reasons for protecting pornography appear also to afford reason to restrict it. For this reason, it has gained considerable attention. The philosophical literature thus far focuses on a type of silencing identified and analyzed by Jennifer Hornsby and Rae Langton (H&L). This article identifies, analyzes, and argues for (...)
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  • Democratic freedom of expression.Ricardo Restrepo - 2013 - Open Journal of Philosophy 3 (3):380-390.
    This paper suggests the democratic direction in which the right of freedom of expression should be conceived and applied. In the first two sections it suggests some counter-examples to, and diagnoses of, the libertarian and liberal conceptions of freedom of expression, taking Scanlon (1972) and Scanlon (1979), respectively, to be their chief proponents. The paper suggests that these conceptions cannot take into account clear examples, like fraudulent propaganda, which should not be legal. The democratic conception takes it to heart that (...)
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  • Kantian Autonomy and Political Liberalism.Christian F. Rostbøll - 2011 - Social Theory and Practice 37 (3):341-364.
    Political liberals argue that the classical conception of autonomy must be discarded because it is sectarian and metaphysical. This article rejects that a commitment to autonomy necessarily leads to sectarianism and questions the notion that respect for persons is separable from the commitment to autonomy. It defends a Kantian approach to autonomy, as belonging to the standpoint of practical reason, and argues that in this approach autonomy is a norm regulating how we should treat each other as opposed to a (...)
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  • The Cringing and the Craven: Freedom of Expression in, Around, and Beyond the Workplace.Bruce Barry - 2007 - Business Ethics Quarterly 17 (2):263-296.
    ABSTRACT:Work is a place where many adults devote significant portions of their waking lives, but it is also a place where civil liberties, including freedom of speech, are significantly constrained. I examine the regulation and control of expressive activity in and around the workplace from legal, managerial, and ethical perspectives. The focus of this article is onworkplace freedom of expression:the ability to engage in acts of expression at or away from the workplace, on subjects related or unrelated to the workplace, (...)
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  • Does Freedom of Speech Include Hate Speech?Caleb Yong - 2011 - Res Publica 17 (4):385-403.
    I take it that liberal justice recognises special protections against the restriction of speech and expression; this is what I call the Free Speech Principle. I ask if this Principle includes speech acts which might broadly be termed ‘hate speech’, where ‘includes’ is sensitive to the distinction between coverage and protection , and between speech that is regulable and speech that should be regulated . I suggest that ‘hate speech’ is too broad a designation to be usefully analysed as a (...)
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  • Reconstructing Rawls: The Kantian Foundations of Justice as Fairness.Robert S. Taylor - 2011 - Pennsylvania State University Press.
    With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...)
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  • Hate Speech, the Priority of Liberty, and the Temptations of Nonideal Theory.Robert S. Taylor - 2012 - Ethical Theory and Moral Practice 15 (3):353-68.
    Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. This tension between free (...)
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  • The Racial and Religious Hatred Act 2006: a Millian response.Alexander Brown - 2008 - Critical Review of International Social and Political Philosophy 11 (1):1-24.
    The Racial and Religious Hatred Act 2006 represents a significant development in UK law. It extends the offence of incitement to racial hatred set out in the Public Order Act 1986 to make it also an offence to stir up hatred against persons on religious grounds. As the most celebrated liberal thinker of the nineteenth century, J.S. Mill might be expected to offer some lessons about the possible dangers of this sort of legislation. A Millian response to the 2006 Act (...)
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  • Autonomy and the Free Speech Principle.Susan Easton - 1995 - Journal of Applied Philosophy 12 (1):27-39.
    ABSTRACT Autonomy may be used to justify free speech claims where the right is raised against the state but also to justify state intervention intended to promote autonomy which may entail restraints on others' speech. The appeal to diversity and autonomy may be used by both sides of the pornography and censorship debate. Although autonomy may be invoked in defence of pornography as part of the general defence of free speech, it is argued that autonomy favours the regulation of pornography. (...)
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  • Freedom of speech.David van Mill - 2008 - Stanford Encyclopedia of Philosophy.
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  • The Structure of the Conflict between Authority and Autonomy.Juan Iosa - 2014 - Canadian Journal of Law and Jurisprudence 27 (2):415-438.
    I propose a set of distinctions that demarcate the structure that I consider suitable for the study and determination of the true value of the thesis of conceptual incompatibility between authority and autonomy. I begin with an analysis of the standard conception of authority, i.e., correlativism. I distinguish two versions: the epistemic and the voluntarist. Then I offer an analysis of two conceptions of moral autonomy: self-legislation and self-judgment. I conclude by remarking that we should distinguish two different versions of (...)
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  • Justice and the priority of politics to morality.Andrea Sangiovanni - 2007 - Journal of Political Philosophy 16 (2):137–164.
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  • Toleration and neutrality: Incompatible ideals?Saladin Meckled-Garcia - 2001 - Res Publica 7 (3):293-313.
    Toleration and neutrality are not always distinguished. When they are, they are often offered as two complementary solutions for the problem of achieving political unity and a degree of mutual acceptance within a pluralist liberal polity. The essay shows the concepts to be fundamentally distinct, and then argues that instead of being mutually supporting, they are mutually exclusive. Neutralist liberals, it is argued, must give up toleration in favour of the virtue of neutrality on the part of citizens.
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  • On mill, infallibility, and freedom of expression.Alan Haworth - 2007 - Res Publica 13 (1):77-100.
    Philosophers have tended to dismiss John Stuart Mill’s claim that ‘all silencing of discussion is an assumption of infallibility’. I argue that Mill’s ‘infallibility claim’ is indeed open to many objections, but that, contrary to the consensus, those objections fail to defeat the anti-authoritarian thesis which lies at its core. I then argue that Mill’s consequentialist case for the liberty of thought and discussion is likewise capable of withstanding some familiar objections. My purpose is to suggest that Mill’s anti-authoritarianism and (...)
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  • Do we need toleration as a moral virtue?Anna Elisabetta Galeotti - 2001 - Res Publica 7 (3):273-292.
    In this essay, I reconstruct tolerance as a moral virtue, by critically analysing its definition, circumstances, justification and limits. I argues that, despite its paradoxical appearance, tolerance qualifies as a virtue, by means of a restriction of its proper object to differences that are chosen. Since this excludes the most important and divisive differences of contemporary pluralism from the scope of the virtue of tolerance, the moral model of toleration cannot constitute the micro-foundation of the corresponding political practice. However, if (...)
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  • Psychoanalysis, speech acts and the language of “free speech”.Sionaidh Douglas-Scott - 1998 - Res Publica 4 (1):29-50.
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  • Advertisements, stereotypes, and freedom of expression.Moshe Cohen-Eliya & Yoav Hammer - 2004 - Journal of Social Philosophy 35 (2):165–187.
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  • Egalitarianism and equal availability of political influence.Harry Brighouse - 1996 - Journal of Political Philosophy 4 (2):118–141.
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  • A feminist liberal approach to hate crime legislation.Amy R. Baehr - 2003 - Journal of Social Philosophy 34 (1):134–152.
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  • Human Autonomy at Risk? An Analysis of the Challenges from AI.Carina Prunkl - 2024 - Minds and Machines 34 (3):1-21.
    Autonomy is a core value that is deeply entrenched in the moral, legal, and political practices of many societies. The development and deployment of artificial intelligence (AI) have raised new questions about AI’s impacts on human autonomy. However, systematic assessments of these impacts are still rare and often held on a case-by-case basis. In this article, I provide a conceptual framework that both ties together seemingly disjoint issues about human autonomy, as well as highlights differences between them. In the first (...)
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  • Against the Autonomy Argument for Mandatory GMO Labeling.Jonathan Herington - 2018 - Public Affairs Quarterly 32 (2):85-117.
    Many argue that consumers possess a “right to know” when products contain ingredients derived from genetically modified organisms, on the grounds that it would protect consumer autonomy. In this paper, I critically evaluate that claim. I begin by providing a version of the “consumer autonomy” argument, showing that its success relies on ambiguities in the notion of autonomy. I then distinguish four approaches to autonomy and articulate the circumstances under which they would support active disclosure of a product property. I (...)
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  • Spare No One? A Review Essay.Adam Omar Hosein - 2019 - Criminal Law and Philosophy 13 (1):187-203.
    This essay considers some central arguments given by Helen Frowe and Seth Lazar regarding the permissibility of killing civilians in war. It raises some objections to their views and defends some alternative bases for weighing harms to combatants against harms to civilians.
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  • Justice and the Priority of Politics to Morality.Andrea Sangiovanni - 2008 - Journal of Political Philosophy 16 (2):137-164.
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  • Defining 'Speech': Subtraction, Addition, and Division.Robert Mark Simpson - 2016 - Canadian Journal of Law and Jurisprudence 29 (2):457-494.
    In free speech theory ‘speech’ has to be defined as a special term of art. I argue that much free speech discourse comes with a tacit commitment to a ‘Subtractive Approach’ to defining speech. As an initial default, all communicative acts are assumed to qualify as speech, before exceptions are made to ‘subtract’ those acts that don’t warrant the special legal protections owed to ‘speech’. I examine how different versions of the Subtractive Approach operate, and criticise them in terms of (...)
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  • No Plaything: Ethical Issues Concerning Child-pornography.Peter J. King - 2008 - Ethical Theory and Moral Practice 11 (3):327-345.
    Academic discussion of pornography is generally restricted to issues arising from the depiction of adults. I argue that child-pornography is a more complex matter, and that generally accepted moral judgements concerning pornography in general have to be revised when children are involved. I look at the question of harm to the children involved, the consumers, and society in general, at the question of blame, and at the possibility of a morally acceptable form of child-pornography. My approach involves an objectivist meta-ethics (...)
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  • Autonomy, Respect, and Arrogance in the Danish Cartoon Controversy.Christian F. Rostbøll - 2009 - Political Theory 37 (5):623-648.
    Autonomy is increasingly rejected as a fundamental principle by liberal political theorists because it is regarded as incompatible with respect for diversity. This article seeks, via an analysis of the Danish cartoon controversy, to show that the relationship between autonomy and diversity is more complex than often posited. Particularly, it asks whether the autonomy defense of freedom of expression encourages disrespect for religious feelings. Autonomy leads to disrespect for diversity only when it is understood as a character ideal that must (...)
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  • The Social Benefits of Protecting Hate Speech and Exposing Sources of Prejudice.Marcus Schulzke - 2016 - Res Publica 22 (2):225-242.
    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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  • Different Understandings of Life as an Opportunity to Enrich the Debate About Synthetic Biology.Nikola Biller-Andorno, Daniel Gregorowius & Anna Deplazes-Zemp - 2015 - NanoEthics 9 (2):179-188.
    Comments and reports on synthetic biology often focus on the idea that this field may lead to synthetic life or life forms. Such claims attract general attention because “life” is a basic concept that is understood, interpreted and explained in multiple ways. While these different understandings of life may influence the ethical assessment of synthetic biology by experts and the public, this field might, in turn, influence how academics or the public view life. We suggest in this paper that synthetic (...)
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  • The Morality of State Symbolic Power.George Tsai - 2016 - Social Theory and Practice 42 (2):318-342.
    Philosophical interest in state power has tended to focus on the state’s coercive powers rather than its expressive powers. I consider an underexplored aspect of the state’s expressive capacity: its capacity to use symbols (such as monuments, memorials, and street names) to promote political ends. In particular, I argue that the liberal state’s deployment of symbols to promote its members’ commitment to liberal ideals is in need of special justification. This is because the state’s exercise of its capacity to use (...)
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  • Media Violence and Freedom of Speech: How to Use Empirical Data. [REVIEW]Boudewijn de Bruin - 2008 - Ethical Theory and Moral Practice 11 (5):493-505.
    Susan Hurley has argued against a well known argument for freedom of speech, the argument from autonomy, on the basis of two hypotheses about violence in the media and aggressive behaviour. The first hypothesis says that exposure to media violence causes aggressive behaviour; the second, that humans have an innate tendency to copy behaviour in ways that bypass conscious deliberation. I argue, first, that Hurley is not successful in setting aside the argument from autonomy. Second, I show that the empirical (...)
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  • Should marxists care about alienation?Harry Brighouse - 1996 - Topoi 15 (2):149-162.
    We have found that a sparse version of the claim that alienated labor is a bad thing can inform a political morality without turning that morality into one which makes more comment on people's ends than the liberal can accept. We have also seen that a modification of the ideas of alienation from our species being can play a limited role in a liberal political morality, but that the rational kernel of the critique from species alienation is already a familiar (...)
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  • Imitation, media violence, and freedom of speech.Susan Hurley - 2004 - Philosophical Studies 117 (1-2):165-218.
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  • The Philosophy of Epistemic Autonomy: Introduction to Special Issue.Jonathan Matheson - 2024 - Social Epistemology 38 (3):267-273.
    This paper provides an introduction to the special issue on the philosophy of epistemic autonomy. In addition to giving some background on various conceptions of epistemic autonomy it provides brief summaries of the articles in the special issue.
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  • The Politics of Language.David Beaver & Jason Stanley - 2023 - Princeton University Press.
    A provocative case for the inherently political nature of language In The Politics of Language, David Beaver and Jason Stanley present a radical new approach to the theory of meaning, offering an account of communication in which political and social identity, affect, and shared practices play as important a role as information. This new view of language, they argue, has dramatic consequences for free speech, democracy, and a range of other areas in which speech plays a central role. Drawing on (...)
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  • Disagreement and Free Speech.Sebastien Bishop & Robert Mark Simpson - forthcoming - In Maria Baghramian, J. Adam Carter & Rach Cosker-Rowland (eds.), Routledge Handbook of Philosophy of Disagreement. Routledge.
    This chapter examines two ways in which liberal thinkers have appealed to claims about disagreement in order to defend a principle of free speech. One argument, from Mill, says that free speech is a necessary condition for healthy disagreement, and that healthy disagreement is conducive to human flourishing. The other argument says that in a community of people who disagree about questions of value, free speech is a necessary condition of legitimate democratic government. We argue that both of these arguments, (...)
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  • (When) Are Authors Culpable for Causing Harm?Marcus Arvan - 2023 - Journal of Moral Philosophy 20 (1-2):47-78.
    To what extent are authors morally culpable for harms caused by their published work? Can authors be culpable even if their ideas are misused, perhaps because they failed to take precautions to prevent harmful misinterpretations? Might authors be culpable even if they do take precautions—if, for example, they publish ideas that others can be reasonably expected to put to harmful uses, precautions notwithstanding? Although complete answers to these questions depend upon controversial views about the right to free speech, this paper (...)
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  • We Must Always Pursue Economic Growth.Brian Kogelmann - 2022 - Utilitas 34 (4):478-492.
    Why pursue economic growth? For poor countries this is an easy question to answer, but it is more difficult for rich ones. Some of the world's greatest philosophers and economists – such as John Stuart Mill, John Maynard Keynes, and John Rawls – thought that, once a certain material standard of well-being has been achieved, economic growth should stop. I argue the opposite in this article. We always have reason to pursue economic growth. My argument is indirect. I shall not (...)
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  • John Stuart Mill's Passage on Pimps and the Limits on Free Speech.Mark Tunick - 2022 - Utilitas 34 (4):392-408.
    Mill didn't resolve this puzzle: if prostitution must be tolerated according to his principle of liberty as it doesn't non-consensually harm others, why punish the accessory – the pimp? Yet in On Liberty's passage on pimps (CW 18:296–7) Mill seriously considers restricting pimps’ speech for reasons other than preventing harm: pimps’ speech undermines decisional autonomy for purposes the state regards as immoral, and in response the state may use coercion to counteract such immoral influences. In light of this, I argue (...)
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  • Epistemic Transitional Justice: The Recognition of Testimonial Injustice in the Context of Reproductive Rights.Romina Rekers - 2022 - Redescriptions: Political Thought, Conceptual History and Feminist Theory 1 (25):65–79.
    This article focuses on the epistemic transition to testimonial justice. It argues that the recognition of testimonial injustice in the context of reproductive rights may play a central role in this transition. First, I show how testimonial injustice undermines women’s legal protection against sexual violence and rights triggered by it such as the right to abortion. Second, I argue that the epistemic transition initiated by the #MeToo and #YoSiTeCreo movements call for transitional justice. In support, I review the circumstances of (...)
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