Derogatory terms (racist, sexist, ethnic epithets) have long played various roles and achieved diverse ends in works of art. Focusing on basic aspects of an aesthetic object or work, this article examines the interpretive relation between point of view and content, asking how aesthetic contextualization shapes the impact of such terms. Can context, particularly aesthetic contexts, detach the derogatory force from powerful epithets and racist and sexist images? What would it be about aesthetic contexts that would make this possible? The (...) article puts into aesthetic contexts both Absolutist and Reclaimer views about the power of derogatory terms, applying an inferential role semantics, developed for language, to both words and images. The Reclaimer’s position, that derogation is a matter of pragmatics, of use, emphasizes the context-sensitivity of the term, that is matters who says it, to whom, when, where, and why. Understanding derogatory terms used as hate speech helps to make this position clear. The Absolutist’s position, that no contextual variations can detach the derogation from these deeply derogatory terms, is developed here through attention to subordinating images in pornography. The article argues that art may be able to achieve the deviant interpretations that the Reclaimer needs to undermine the derogations while maintaining sensitivity and awareness of the history of oppression. (shrink)

Slurs such as spic, slut, wetback, and whore are linguistic expressions that are primarily understood to derogate certain group members on the basis of their descriptive attributes and expressions of this kind have been considered to pack some of the nastiest punches natural language affords. Although prior scholarship on slurs has uncovered several important facts concerning their meaning and use –including that slurs are potentially offensive, are felicitously applied towards some targets yet not others, and are often flexibly used not (...) only derogatorily to convey offense towards out-group members but also non-derogatorily to convey affiliation with in-group members– the literature remains largely focused on slurs that typically target African Americans, male homosexuals, and sexually active females. Since no account of slurs that typically target Hispanics or Mexican-Americans has so far been proposed, here I offer the first systematic and empirically informed analysis of these that accounts for both their derogatory and appropriative use. Importantly, this article reviews over a dozen Spanish stereotypes and slurs and explains how the descriptive attributes involved in a stereotype associated with a slur can contribute to the predication of certain content in the application of that slur toward its target in context. This article further explains how the psychological effects of stereotype threat and stereotype lift can be initiated through the application of a relevant slur towards its target in context as well. -/- ----- -/- Las expresiones peyorativas tales como spic (‘spic’), slut (‘zorra’), wetback (‘espalda mojada’) y whore (‘puta’) son expresiones lingüísticas que se entienden principalmente para minusvalorar ciertos miembros de un grupo sobre la base de sus atributos descriptivos (como la raza o el sexo). Se ha considerado que las expresiones de este tipo conllevan algunos de los puñetazos más desagradables que el lenguaje natural puede proporcionar. Aunque la literatura especializada sobre expresiones peyorativas ha descubierto varios hechos importantes en cuanto a significado y uso –entre los que se incluyen que tales expresiones son potencialmente ofensivas, apuntan efectivamente hacia unos objetivos pero no hacia otros, y con frecuencia se utilizan con flexibilidad no sólo despectivamente para ofender a miembros por fuera de un grupo, sino que también de forma no despectiva para afiliar con miembros dentro de un mismo grupo–, tal literatura sigue centrada en gran medida en las expresiones peyorativas que típicamente apuntan contra los afroamericanos (nigger ‘negro’), los homosexuales varones (fagot ‘maricón’), y las mujeres sexualmente activas (slut ‘zorra’). En tanto que no se ha propuesto al momento dar cuenta de expresiones peyorativas dirigidas contra hispanos o mexicano-americanos, en este trabajo se ofrece el primer análisis sistemático y empíricamente informado de tales expresiones, tanto en sus usos despectivos y de apropiación. Es importante destacar que en este artículo se revisan más de una docena de estereotipos y expresiones peyorativas en español, además de explicar cómo los atributos descriptivos que participan de un estereotipo asociado con una difamación pueden contribuir a la predicación de determinados contenidos en la aplicación de esa expresión hacia su objetivo en contexto. Asimismo, en este artículo se explica cómo comienzan los efectos psicológicos de la amenaza estereotipada y el realce estereotipado cuando se emplea una expresión peyorativa relevante contra un objetivo en contexto. (shrink)

RÉSUMÉ: Cet article propose une analyse détaillée des considérations de Hans-Georg Gadamer sur l’herméneutique théologique proprement dite. Pensée dans et pour la foi chrétienne, la conception de l’herméneutique théologique qu’il met en avant se veut essentiellement une herméneutique du texte biblique. Les réflexions de Gadamer sur ce thème nous conduisent cependant tout droit dans sa théorie de la littérature. La question directrice devient celle de la nature du texte religieux (entendons : du texte biblique, reçu en son unité canonique) en (...) tant que texte éminent, dont la structure singulière est mise en relief au moyen d’une éclairante comparaison avec les textes poétique, philosophie et juridique. L’Écriture, en tant qu’elle répond à la structure textuelle de la promesse, exige du lecteur une forme particulière d’appropriation qui trouve sa réalisation exemplaire dans la prédication. Toutefois, contre une lecture (Ommen, Eberhard, etc.) qui insiste sur la discontinuité de l’herméneutique théologique de Gadamer avec sa propre oeuvre philosophique, je soutiens la thèse de leur foncière cohérence. ABSTRACT: This paper offers a detailed analysis of Hans-Georg Gadamer’s considerations on theological hermeneutics proper. Thought within and for the Christian faith, the conception of theological hermeneutics he puts forward is mainly understood as a hermeneutics of the biblical text. However, Gadamer’s reflections on this theme bring us straight to his theory of literature. The guiding question becomes that about the nature of the religious text (meaning : the biblical text, received in its canonical unity) as eminent text, which peculiar structure is thrown into relief through an enlightening comparison with the poetical, the philosophical and the legal text. The Scripture, in that it has the textual structure of a promise, requires from the reader a particular form of appropriation, which finds its exemplary fulfillment in preaching. Against a reading that emphasizes discontinuity between Gadamer’s theological hermeneutics and his own philosophical work (Ommen, Eberhard, etc.) I defend the thesis of their fundamental coherence. (shrink)

Slurs are both derogatory and offensive, and they are said to exhibit “derogatory force” and “offensiveness.” Almost all theories of slurs, except the truth-conditional content theory and the invocational content theory, conflate these two features and use “derogatory force” and “offensiveness” interchangeably. This paper defends and explains the distinction between slurs’ derogatory force and offensiveness by fulfilling three goals. First, it distinguishes between slurs’ being derogatory and their being offensive with four arguments. For instance, ‘Monday’, a slur in the Bostonian (...) argot, is used to secretly derogate African Americans without causing offense. Second, this paper points out that many theories of slurs run into problems because they conflate derogatory force with offensiveness. For example, the prohibition theory’s account of offensiveness in terms of prohibitions struggles to explain why ‘Monday’ is derogatory when it is not a prohibited word in English. Third, this paper offers a new explanation of this distinction from the perspective of a speech act theory of slurs; derogatory force is different from offensiveness because they arise from two different kinds of speech acts that slurs are used to perform, i.e., the illocutionary act of derogation and the perlocutionary act of offending. This new explanation avoids the problems faced by other theories. (shrink)

Critical examination of Alchourrón and Bulygin’s set-theoretic definition of normative system shows that deductive closure is not an inevitable property. Following von Wright’s conjecture that axioms of standard deontic logic describe perfection-properties of a norm-set, a translation algorithm from the modal to the set-theoretic language is introduced. The translations reveal that the plausibility of metanormative principles rests on different grounds. Using a methodological approach that distinguishes the actor roles in a norm governed interaction, it has been shown that metanormative principles (...) are directed second-order obligations and, in particular, that the requirement related to deductive closure is directed to the norm-applier role rather than to the norm-giver role. The approach has been applied to the case of pure derogation yielding a new result, namely, that an independence property is a perfection-property of a norm-set in view of possible derogation. This paper in a polemical way touches upon several points raised by Kristan in his recent paper. (shrink)

Slurs possess interesting linguistic properties and so have recently attracted the attention of linguists and philosophers of language. For instance the racial slur "nigger" is explosively derogatory, enough so that just hearing it mentioned can leave one feeling as if they have been made complicit in a morally atrocious act.. Indeed, the very taboo nature of these words makes discussion of them typically prohibited or frowned upon. Although it is true that the utterance of slurs is illegitimate and derogatory in (...) most contexts, sufficient evidence suggests that slurs are not always or exclusively used to derogate. In fact, slurs are frequently picked up and appropriated by the very in-group members that the slur was originally intended to target. This might be done, for instance, as a means for like speakers to strengthen in-group solidarity. So an investigation into the meaning and use of slurs can give us crucial insight into how words can be used with such derogatory impact, and how they can be turned around and appropriated as vehicles of rapport in certain contexts among in-group speakers. In this essay I will argue that slurs are best characterized as being of a mixed descriptive/expressive type. Next, I will review the most influential accounts of slurs offered thus far, explain their shortcomings, then provide a new analysis of slurs and explain in what ways it is superior to others. Finally, I suggest that a family-resemblance conception of category membership can help us achieve a clearer understanding of the various ways in which slurs, for better or worse, are actually put to use in natural language discourse. (shrink)

Slurs are typically defined as conveying contempt based on group-membership. However, here I argue that they are not a unitary group. First, I describe two dimensions of variation among derogatives: how targets are identified, and how offensive the term is. This supports the typical definition of slurs as opposed to other derogatives. I then highlight problems with this definition, mainly caused by variable offence across slur words. In the process I discuss how major theories of slurs can account for variable (...) offence, and conclude that contempt based on group-membership doesn’t cover all the data. I finish by noting that the most offensive slurs are those that target oppressed groups. I claim it is oppression that underpins most offence, and that beyond this offensive property, some slurs are actively used to oppress. (shrink)

Slurs are derogatory words and they are used to derogate certain groups. Theories of slurs must explain why they are derogatory words, as well as other features like independence and descriptive ineffability. This paper proposes an illocutionary force indicator theory of slurs: they are derogatory terms because their use is to perform the illocutionary act of derogation, which is a declarative illocutionary act to enforce norms against the target. For instance, calling a Chinese person “chink” is an act of (...) derogation to enforce racist norms that license exclusion of the Chinese, deny their rights to dignity, etc. The contribution of this paper is twofold. First, it offers a more comprehensive explanation of the features of slurs than earlier speech act approaches. Second, it provides a theory that is immune to the problems faced by existing theories, such as wrong predictions of truth-conditions, explaining unacceptability to non-bigots, and explaining slurs against the dominant groups. (shrink)

Sometimes speakers within a linguistic community use a term that they do not conceptualize as a slur, but which other members of that community do. Sometimes these speakers are ignorant or naïve, but not always. This article explores a puzzle raised when some speakers stubbornly maintain that a contested term t is not derogatory. Because the semantic content of a term depends on the language, to say that their use of t is semantically derogatory despite their claims and intentions, we (...) must individuate languages in a way that counts them as speaking our language L, assigns t a determinately derogatory content in L, and still accommodates the other features of slurs’ linguistic profile. Given the difficulty of doing this, there is some reason to give a non-semantic analysis of the derogatory aspect of slurs. The author suggests that rather than dismissing the stubborn as semantically incompetent, we would do better to appeal to expected uptake as moral reasons for the stubborn to adjust their linguistic practices. (shrink)

The Introduction to "Non-Derogatory Uses of Slurs", special issue of Grazer Philosophische Studien.

It is very well known that from the late-1960s onwards Feyerabend began to radically challenge some deeply-held ideas about the history and methodology of the sciences. It is equally well known that, from around the same period, he also began to radically challenge wider claims about the value and place of the sciences within modern societies, for instance by calling for the separation of science and the state and by questioning the idea that the sciences served to liberate and ameliorate (...) human societies. But what is less known is how, if at all, these two sets of challenges were connected, and why Feyerabend felt it important to raise them at all. In this chapter, my aim is to explore these issues by considering why Feyerabend used radical strategies to challenge the authority of science, and what purpose, if any, they were supposed to serve. Why, for instance, did Feyerabend defend alternative medicine, psychical abilities, astrology, magic and witchcraft and why did he argue that ‘Western science’ is complicit in environmental destruction, intellectual imperialism, social oppression, and spiritual destitution. Located in their historical and political context, such defences and arguments seem peculiar, not least because science was recognised not only as a central site of the intellectual and ideological competition between the West and the Soviet Union, but also because Western victory in that site was considered inevitable. What, then, did Feyerabend think he was trying to achieve by raising radical challenges to a central component of the cultural and intellectual prestige of the Western world grounded in appeals to practices and traditions which most would regard as eccentric at best and absurd at worst? My suggestion is that Feyerabend was making a subtler point than one might suppose. For the purpose of these radical challenges was to determine if the members of Western societies would in fact honour the epistemic standards – of tolerance, critical enquiry – which were identified as being characteristic of science and definitive of the social and political values of Western liberal democracy. I suggest that Feyerabend was trying to demonstrate that scientists were, too often, guilty of the same intolerant and dogmatic attitudes which were, according to prevailing propaganda, the property of illiberal totalitarian societies. Science does not reflect the superior epistemic and political values of Western societies but are, in fact, reflective of the same vices ascribed to the Soviet Union. If that is the case, then the sciences are not symbols of our epistemic and political values, but quite the reverse, hence Feyerabend’s talk of the ‘dogmatic’, ‘totalitarian’, ‘ratiofascist’ nature of modern science. But there is a positive upshot to Feyerabend’s challenge. For even if the sciences do not yet reflect the epistemic and political values of liberal democratic Western societies, they might yet be reformed so that they are. And there is a parallel between Feyerabend’s strategy and that of many of the other radicals of the time – student activists, environmentalists, and pacifists – namely to test the commitment to tolerance and deliberative debate of the establishment by asking it to seriously engage with ideas and convictions opposed to its own. For both science and society can become ‘tyrannical’ through the same means: by exempting themselves from critical scrutiny, by promoting self-serving ‘myths’ about themselves, and by derogating and excluding alternatives, including the ‘outsider’ perspectives they offer. The chapter concludes by suggesting that Feyerabend is distinctive in virtue of his willingness to offer radical criticisms of the authority of science such that it can fulfil its legitimate ideological role – namely, of symbolising and instantiating our core epistemic and political values – such that we can offer a sincere and meaningful answer to Feyerabend’s question ‘what’s so great about science?’. (shrink)

Slurring expressions display puzzling behaviour when embedded, such as under negation and in attitude and speech reports. They frequently appear to retain their characteristic qualities, like offensiveness and propensity to derogate. Yet it is sometimes possible to understand them as lacking these qualities. A theory of slurring expressions should explain this variability. We develop an explanation that deploys the linguistic notion of focus. Our proposal is that a speaker can conversationally implicate metalinguistic claims about the aptness of a focused slurring (...) expression. This explanation of variability relies on independently motivated mechanisms and is compatible with any theory of slurring expressions. (shrink)

The relation between slurs and their neutral counterparts has been put into question recently by the fact that some slurs can be used to refer to subsets of the referential classes determined by their associated counterparts. This paper aims to reinforce this relation by offering a way of explaining referential restriction that distinguishes between two kinds of slurs: those performing a normalizing role upon (some) individuals inside a class (mostly, a gender) and those used to derogate a marginalized out- group.

Longstanding philosophical debate over the semantics of proper names has yet to examine the distinctive behavior of deadnames, names that have been rejected by their former bearers. The use of these names to deadname individuals is derogatory, but deadnaming derogates differently than other kinds of derogatory speech. This paper examines different accounts of this behavior, illustrates what going views of names will have to say to account for it, and articulates a novel version of predicativism that can give a semantic (...) explanation for this derogation. (shrink)

In recent work Mary Kate McGowan presents an account of oppressive speech inspired by David Lewis's analysis of conversational kinematics. Speech can effect identity-based oppression, she argues, by altering 'the conversational score', which is to say, roughly, that it can introduce presuppositions and expectations into a conversation, and thus determine what sort of subsequent conversational 'moves' are apt, correct, felicitous, etc., in a manner that oppresses members of a certain group (e.g. because the suppositions and expectations derogate or demean members (...) of that group). In keeping with the Lewisian picture, McGowan stresses the asymmetric pliability of conversational scores. She argues that it is easier to introduce (for example) sexist presuppositions and expectations into a conversation than it is to remove them. Responding to a sexist remark, she thus suggests, is like trying to "unring a bell". I begin by situating McGowan's work in the wider literature on speech and social hierarchy, and explaining how her account of oppressive speech improves upon the work of others in its explication of the relationship between individuals' verbal conduct and structurally oppressive social arrangements. I then propose an explanation and supportive elaboration of McGowan's claims about the asymmetric pliability of conversations involving identity-oppressive speech. Rather than regarding such asymmetry as a sui generis phenomenon, I show how we can understand it as a consequence of a more general asymmetry between making things salient and un-salient in speech, and I show how this asymmetry also operates in various cases that interested Lewis. (shrink)

This paper argues that all-purpose pejoratives such as ‘jerk’ or ‘bastard’ are just plain vanilla descriptions of personality traits that are generally seen as impairing for the self and for interpersonal relationships across different contexts. Thus, all-purpose pejoratives derogate their referents through generalized conversational implicatures: it is common knowledge that those who use these terms accept certain kind of (negative) evaluations and that uses of those terms express such evaluations. One of the main advantages of this approach is that it (...) can be extended to more ‘thick’ pejoratives such as ‘wimp’ or ‘chicken’, which, as Kaplan (1998) himself suggested, are ‘purely descriptive’ of personality traits that are generally seen as ‘personal failings’. Before defending this theory, I criticize i) the standard assumption that allpurpose pejoratives are expressive and ii) the alternative semantic view that allpurpose pejoratives are conventionally associated with a judge parameter. (shrink)

This paper investigates the emotive (or expressive) meaning of words commonly referred to as “loaded” or “emotive,” which include slurs, derogative or pejorative words, and ethical terms. We claim that emotive meaning can be reinterpreted from a pragmatic and argumentative perspective, which can account for distinct aspects of ethical terms, including the possibility of being modified and its cancellability. Emotive meaning is explained as a defeasible and automatic or automatized evaluative and intended inference commonly associated with the use of specific (...) terms, which can be represented and assessed considering its logical structure and its defeasibility conditions. This automatic inference is conceived as part of the connotation of an ethical term, and is not necessarily stable. By means of quasi-definitions, it is possible to modify the emotive meaning while maintaining the descriptive one, automaticizing the inferences drawn from an ethical word. Through examples drawn from the recent US presidential campaign, we show how re-contextualization and emotive contexts can affect emotive meaning. (shrink)

What is wrong with ad hoc hypotheses? Ever since Popper’s falsificationist account of adhocness, there has been a lively philosophical discussion about what constitutes adhocness in scientific explanation, and what, if anything, distinguishes legitimate auxiliary hypotheses from illicit ad hoc ones. This paper draws upon distinct examples from pseudoscience to provide us with a clearer view as to what is troubling about ad hoc hypotheses. In contrast with other philosophical proposals, our approach retains the colloquial, derogative meaning of adhocness, and (...) calls attention to the way in which the context of a theoretical move bears on the charge of adhocness. We also discuss the role of motivations implicit in the concept of adhocness, and the way ad hoc moves draw on theory-internal rationalizations. (shrink)

In Liberalism with Excellence, Matthew Kramer makes an argument for how excellence may enter in into liberalism, despite liberalism’s strong commitment to neutrality. Kramer seeks to challenge not only the uncompromising rejection of this position by liberals such a Jonathan Quong, but also the so-called “blended” approach of “soft-perfectionist” scholars such as Joseph Raz and George Sher. In this essay, I do not so much challenge Kramer’s approach as offer an alternative for accomplishing the same thing. Under my proposal, certain (...) forms of excellence and neutrality can both be accommodated as long as state support for the form of excellence at issue is proportional to the support for such a form of excellence within the relevant polity, competing forms of excellence are non-rivalrous, and no one is forced to embrace a form of excellence with which they disagree. My proposal is therefore not what Ronald Dworkin derogatively characterized as “a checkerboard solution.” Rather than allowing the state to support contrary moral positions at one and the same time, it is a solution that takes morally compatible but nevertheless competing conceptions of excellence seriously, and exhibits neutrality by giving them proportional rather than full support. This neither forces anyone to pursue the particular forms of excellence the state supports nor prevents them from pursuing some other form of excellence entirely or, if they wish, no form of excellence at all. (shrink)

Since Friedrich Nietzsche, philosophers have grappled with the question of how to respond to nihilism. Nihilism, often seen as a derogative term for a ‘life-denying’, destructive and perhaps most of all depressive philosophy is what drove existentialists to write about the right response to a meaningless universe devoid of purpose. This latter diagnosis is what I shall refer to as existential nihilism, the denial of meaning and purpose, a view that not only existentialists but also a long line of philosophers (...) in the empiricist tradition ascribe to. The absurd stems from the fact that though life is without meaning and the universe devoid of purpose, man still longs for meaning, significance and purpose. Inspired by Bojack Horseman and Rick and Morty, two modern existentialist masterpieces, this paper explores the various alternatives that have been offered in how to respond to the absurd, or as Albert Camus puts it; the only “really serious philosophical problem” and concludes that the problem is compatible with a naturalistic world-view, thereby genuine and transcending existentialism. (shrink)

India is a party to several international laws which speak of the duty to prosecute, investigate, and punish crimes. In light of India’s commitments to international law, the scope of its criminal laws appears to be failing on several counts. The following are a few general and specific recommendations for penal law reforms in India. These have been framed in light of several international developments, international laws, and relevant Indian laws and judgments. The recommendations concern the following themes: 1. gaps (...) in criminal law, 2. harmonization of standards 3. liabilities for derogations from fundamental duties (cultural heritage), and 4. a project for decolonization. (shrink)

Equality is typically presumed to be an end of justice; however, in this chapter, we argue that it is better understood as a condition of justice. Our argument draws on the Just World Fallacy, the phenomenon of people mistakenly believing fortuitous patterns of reward or harm to be reflective of justice. This phenomenon can undermine relationships of equality even where differences in reward or harm are ostensibly deserved. If everyone received equal pay, then the propensity for people to defer to (...) the more successful or derogate the less successful would be diminished, and thus there would be greater scope for people to enter into the sorts of relationships of equal respect and regard that just communities require. (shrink)

Less than one percent of U.S. philosophers are Asian American. This essay contends that the low percentage cannot be fully explained by considerations of demographics, immigration, and "Asian culture." Completeness of explanation requires reference to racial politics and Orientalism in their historic and national dynamics. It also requires reference to various kinds of identity derogation specific to the academy and to philosophy, in particular. The essay concludes with reflection on how the "model minority" discourse adds another layer of complication (...) to the way Asian American philosophers and philosophy students negotiate their way through the academy. (shrink)

Slurs have been standardly assumed to bear a very direct, very distinctive semantic relationship to what philosophers have called “neutral counterpart” terms. I argue that this is mistaken: the general relationship between paradigmatic slurs and their “neutral counterparts” should be assumed to be the same one that obtains between ‘chick flick’ and ‘romantic comedy’, as well a huge number of other more prosaic pairs of derogatory and “less derogatory” expressions. The most plausible general relationship between these latter expressions — and (...) thus, I argue, between paradigmatic slurs and “neutral counterpart” terms — is one of overlap in presumed extension, grounded in overlap in associated stereotypes. The resulting framework has the advantages of being simple, unified, and, unlike its orthodox rivals, neatly accommodating of a much wider range of data than has previously been considered. More importantly, it positions us to better understand, identify, and confront the insidious mechanisms of ordinary bigotry. (shrink)

Theories of slurs mostly fall into two camps. According to conjunctivists, uses of slurs conventionally perform two distinct speech acts. The first is a non-derogatory act of referring to a kind, and the second is a non-referential act of derogation. The first act is also performed by their neutral counterparts. Minimalists, by contrast, think that uses of slurs conventionally perform the non-derogatory act of referring associated with their neutral counterparts, and that it all. I argue against both these approaches, (...) by demonstrating that they fail to capture the full range of slurs’ occurrences. I focus on three important cases: (i) a bigot’s use of slurs, (ii) their (non-reclaimed) use by slurs’ targets, and (iii) the use of slurs in quotational contexts. I develop a novel and deflationary semantics for slurs that occupies a space between conjunctivism and minimalism, according to which uses of slurs conventionally perform a single act of derogatory reference. This view bucks the orthodoxy in maintaining that the meanings of slurs do not divide along fact/value lines. Interestingly, this is for reasons that don’t apply to 'thick' terms, like 'brave' and 'wanton'. (shrink)

The author examines the arguments for applicability of the limitation clause which specifies the requirements for limitation of constitutional freedoms and rights (Article 31 para. 3 of the Constitution) to the right to protection of life (Article 38). Even if there is almost a general acceptance of such applicability, this approach does not hold up to criticism based on the rule existing in the Polish legal order that treaty commitments concerning human rights have supremacy over national statutory regulations. Due to (...) an international pattern which does not provide application of the limitation clause to the right to life protection, despite the recognition — at the level of a constitutional standard — of applicability of the clause of Article 31 para. 3 to Article 38, and to protection of life in general, this will be made impossible at any attempt to formulate a statutory standard. He also points out the defectiveness of the reasoning leading to acceptance of certain limitations of a particular value (e.g. life) on the basis of the ex definitione exemptions existing in the international standard to the assumption of applicability of the limitation clause when shaping statutory standards in the Polish legal system. The discussed issues are related to the question of interpretation of the inviolability of human rights. This term takes different meaning in the context of: 1) inviolability of all human rights understood in abstracto as normative structures of a general and abstract nature; 2) right protecting certain values with no exception; 3) rights to which an application of the limitation clause is forbidden; 4) rights not subject to derogation; 5) inviolability of understood in concreto, as that is (here and now) due to the subject of dignity; 6) inviolable essence of freedoms and rights. One should also clearly distinguish between (7) the descriptive and (8) the normative meaning of inviolability. -/- Punktem wyjścia jest analiza argumentacji na rzecz tezy o stosowalności do prawa do ochrony życia (art. 38 Konstytucji RP), klauzuli limitacyjnej określającej warunki ograniczania konstytucyjnych wolności i praw (art. 31 ust. 3). Mimo niemal powszechnej akceptacji tej tezy, nie wytrzymuje ona krytyki opartej na pierwszeństwie, które w polskim porządku prawnym mają zobowiązania traktowe dotyczące praw człowieka, wobec regulacji ustawowych. Ze względu na wzorzec międzynarodowy, który nie przewiduje stosowania klasycznej klauzuli limitacyjnej do prawa do życia, mimo uznania - na poziomie standardu konstytucyjnego - stosowalności klauzuli z art. 31 ust. 3 do art. 38 i ochrony życia w ogóle, stosowalność tej klauzuli będzie uniemożliwiona przy każdej próbie formułowania standardu ustawowego. Autor zwraca uwagę na wadliwość wnioskowania prowadzącego od uznania dopuszczalności pewnych ograniczeń ochrony jakiejś wartości (np. życia) na podstawie wyjątków ex definitione obecnych w standardzie międzynarodowym, do tezy o stosowalności klauzuli limitacyjnej przy kształtowaniu standardu ustawowego w polskim systemie prawnym. (shrink)

In several recent contributions to the growing literature on slurs, Hedger draws upon Kaplan’s distinction between descriptive and expressive content to argue that slurs are expressions with purely expressive content. The distinction between descriptive and expressive content and the view that slurs are expressions with purely expressive content has been widely acknowledged in prior work, and Hedger aims to contribute to this tradition of scholarship by offering novel arguments in support of his ‘‘pure expressivist’’ account of slurs. But the account (...) that PE offers is explanatorily inadequate, resting on suspect a priori intuitions which also commit one to denying many basic facts about slurs, such as that slurs largely display systematic differential application and that slurs can be used non-offensively between in-group speakers. In this article I provide clear reasons for rejecting PE, arguing particularly against Hedger as one of PE’s most explicit and recent proponents. In showing that PE is inadequate in at least 11 ways, I argue in favor of a mixed or hybrid approach. (shrink)

STRESZCZENIE Opracowanie zmierza do udzielenia odpowiedzi na pytanie, czym – z punktu widzenia struktury procesu wykładni i struktury wchodzących w grę wartości konstytucyjnych – różni się ograniczanie wolności i praw w ramach stosowania „zwykłych środków konstytucyjnych”, od ograniczania wolności i praw dopuszczalnego w stanach nadzwyczajnych. Podjęta zostaje problematyka dotyczącą kwestii materialnych, a poza zakresem rozważanych zagadnień pozostają kwestie dotyczące formalnych warunków dopuszczalności ograniczeń, jak publiczne ogłoszenie zagrożenia czy możliwość wprowadzania ograniczeń w aktach podustawowych. Stawiane tezy są polemiczne wobec poglądów, że (...) zawieszenie wolności lub praw jest skrajnym typem ograniczania i następuje wtedy, gdy wolności czy prawa „już nie ma”, lub że zawieszenie zakłada ograniczenie istoty wolności lub prawa. Okazuje się, że można sensownie mówić o zawieszaniu wolności lub praw także wówczas, gdy są one ograniczane w niewielkim tylko stopniu. Ponadto, możliwe jest zawieszanie, które nie prowadzi do ograniczenia istoty wolności lub prawa. Argumentuje się, że istotą zawieszania wolności lub praw w stanach nadzwyczajnych jest zakwestionowanie podstawowego ich przymiotu, jakim jest – uznawana w prawie międzynarodowym – nienaruszalność „całych” poszczególnych praw człowieka, która jest czymś innym od nienaruszalności ich istoty. Przy okazji prowadzona jest refleksja teoretycznoprawna nad zagadnieniem zawieszania wolności lub praw. Zawieszenie okazuje się czymś istotnie różnym od czasowej utraty mocy obowiązującej przepisów dotyczących wolności czy praw. Ich ciągłe obowiązywanie znajduje wyraz, na przykład, w zasadzie proporcjonalności mającej zastosowanie do zawieszanych wolności lub praw. -/- Extraordinary Measures and Restrictions of Constitutional Freedoms and Rights ABSTRACT The study aims to answer the question on the difference between limitation of freedoms and rights in ordinary situations and their suspension (derogation) when extraordinary measures are introduced. This question is considered from the point of view of the structure of the interpretation process and the structure of the constitutional values. Consideration is given to issues relating to material aspects. However, issues relating to formal conditions for the admissibility of restrictions, such as public announcement of a threat or the possibility of introducing restrictions in sub-statutory acts, are not examined. The theses put forward are critical of the view that suspension of freedoms or rights is an extreme type of limitation and a freedom or a right "is no longer there", and of the view that suspension presupposes violation of the essence of freedom or right. It can be argued that it makes sense to talk about the suspension of freedoms or rights also when they are only slightly restricted. Moreover, it is possible to suspend a freedom or a right without violating their essence. It is argued that suspension of freedoms or rights leads to questioning of their basic characteristic that is their inviolability as recognized in international law. However, this inviolability of freedoms or rights is something different from the inviolability of their essence. In terms of the theory of law, the suspension of freedoms or rights turns out to be something significantly different from the temporary loss of the binding force of the respective provisions. Their continued validity is reflected, for example, in the application of the principle of proportionality to the suspended freedoms or rights. (shrink)

I argue that there are slurs that are distinctly derogatory insofar as they only derogate their target’s epistemic faculties or capacities qua group member. I call these slurs epistemic slurs. Given that slur theories should explain the derogatory nature of all slurs, any comprehensive slur theory should be able to explain the derogatory nature of the epistemic slurs. I argue, however, that two particular expressivist theories of slurs cannot explain their distinctive derogatory nature. The epistemic slurs thus constitute a novel (...) explanatory problem for these expressivist slur theories. Yet I argue that a semantic theory of slurs, combinatorial externalism, can explain the distinctive derogatory nature of the epistemic slurs in which case these slurs constitute a novel explanatory advantage for combinatorial externalism. Whether the epistemic slurs constitute a novel explanatory problem or advantage for any other slur theories remains to be seen. (shrink)

In international law and just war theory, war is treated as normatively and legally unique. In the context of international law, war’s special status gives rise to a specific set of belligerent rights and duties, as well as a complex set of laws related to, among other things, the status of civilians, prisoners of war, trade and economic relationships, and humanitarian aid. In particular, belligerents are permitted to derogate from certain human rights obligations and to use lethal force in a (...) far more permissive manner than is the case in other kinds of conflicts and in domestic law enforcement operations. Given war’s unique status, the task of defining war requires not just identifying the empirical features that are characteristic of war but explaining and justifying war’s special legal and moral status. In this chapter, I propose a definition of war that captures war’s unique features and can offer insights into when and how some forms of unarmed conflict could count as wars. (shrink)

The "second-generation indigenization" hypothesis of Huntington's phenomenological observations on totalitarianism in Cold War regime collapse subtly portrayed the realpolitik interest groups' political influences with autocracy disbandment processes. The research puts democratization as the premise and globalization as purpose for the analysis, with the cultural anthropological psychopathology & criminological elements of genocide and crime against humanity explained, underlying some of the Communist Party of China (CPC)’s organizational behaviors. With the regionalism purposes & approaches to multilateralism by People's Republic of China (PRC), (...) the end of democratization is leveraged against the procedural means with power politics of declared “decmocracy”. Between quantitative autocratic controls and realpolitik local-regional interest groups, the connotation of democratization in liberal international globalization has either been used for militant purposes or pushed the landscape of regime collapse into realpolitik local groups and autocratic controls in the process of globalization, with a case study on a local branch of Argricultural Bank of China on supply-side hijacking by the State-owned Assets Supervision and Administration Commission of the State Council (SASAC). With the industrial interests omposed on realpolitik local groups, autocratic regionalism becomes of the "best interest scenario" for the realpolitik local groups with psychopathological spread of the criminological behaviors, by the cyber organizational criminal operations correlated with PRC’s approaches to international relations and multilateralism through bilateral trade & finance in monetary and currency domains, developed into the digitization of economies with criminological schemes in telecommunication, information, and informatics systems. However, the diminishing autonomy & freedom of the territorial population in turn derogated the real economy that wielded the prisoners' dilemma between autocracy and totalitarianism in a negative sum game deterioration cycle, with the censorship practices by the illicit regimes for propaganda controls sustaining "ideology security". In the democratization process of the dictatorial regime, "second-generation indigenization" is thus mapped to the sectarian interests respondent to dictatorial propaganda generation, other than a natural phenomenon out of autonomy and freedom premises in decision theory. The article recaps the coup d'état between Xi Jinping and Bo Xilai before Xi took the autocratic power, and analyzes the human rights situation in the obstacle of democratization and by the coercion mechanism imposed on the mainland China civil society for the militant purposes, with its behaviral spread of censorship to the “internet platforms” in liberal democratic countries by financial interest incentives and avoidance from war threats, whereby military backends in the cyber systems already indicate otherwise. (shrink)

This paper considers one of the most significant and controversial attempts to account for the meaning of pejoratives as lexical items, namely Hom and May’s. After outlining the theory, we pinpoint sets of pejorative sentences that come out true on their account and for which the question as to whether they are compatible with the view advocated by them (so-called Moral and Semantic Innocence) remains open. Helping ourselves to the standard model-theoretical framework Hom and May (presumably) work in, we prove (...) they are compatible with the view. Given that the issues of both the moral import of pejoratives and the practical effects of their utterance are not settled by the proof, we then highlight unwelcome moral and pragmatic implications for some of the pejorative sentences under scrutiny, thereby showing that the view, broadly understood, is not as morally and semantically innocuous as it is meant to be. (shrink)