We consider the complex interactions between rape culture and epistemology. A central case study is the consideration of a deferential attitude about the epistemology of sexual assault testimony. According to the deferential attitude, individuals and institutions should decline to act on allegations of sexual assault unless and until they are proven in a formal setting, i.e., a criminal court. We attack this deference from several angles, including the pervasiveness of rape culture in the criminal justice system, (...) the epistemology of testimony and norms connecting knowledge and action, the harms of tacit idealizations away from important contextual factors, and a contextualist semantics for 'knows' ascriptions. (shrink)

There is an undeniable tendency to dismiss women’s sexual assault allegations out of hand. However, this tendency is not monolithic—allegations that black men have raped white women are often met with deadly seriousness. I argue that contemporary rape culture is characterized by the interplay between rape myths that minimize rape, and myths that catastrophize rape. Together, these two sets of rape myths distort the epistemic resources that people use when assessing rape allegations. These (...) distortions result in the unjust exoneration of people we cannot conceive of as monstrous, while making it too easy to believe that some marginalized people could be rapists. I also argue that rape myths enable a novel kind of epistemic injustice. This injustice concerns how our assessments of trustworthiness and our assessments of plausibility interact. I argue that rape myths can result in runaway credibility deflations that can explain both why people fail to believe most women, and also why people may unjustly believe false allegations that white women have been raped by black men. (shrink)

Stephen Schulhofer's book, Unwanted Sex: The Culture of Intimidation and the Failure of Law, provides a carefully constructed and powerful case for rape-law reform. His effort is distinctive in three ways: (1) it takes the basic question of reform to be the moral one of determining which sexual interactions ought to be the subject of the criminal law, (2) it takes the right of sexual autonomy to serve as the basis for any successful legal reform, and (3) it (...) makes a philosophically sophisticated case for his own reform proposal. Schulhofer's efforts should be of great interest to philosophers, especially feminist legal philosophers, interested in questions that bear direct relevance to the relationships between autonomy, coercion, and consent as constrained by the requirements of due process. His careful and scrupulously fair discussion of influential reform recommendations set the stage for his own position (discussed in section VII), a critical evaluation thereof (sections VII and VIII), and sympathetic recommendations in VIII and IX. Of special value here is Schulhofer's attempt to extend his analysis of coerced consent to include certain "offers" made in contexts (e.g., the workplace) characterized by significant power differentials between persons. Section IX offers suggestions, generally friendly to Schulhofer's overall reform proposals, for identifying wrongful sexual interactions occurring in certain institutional or professional contexts. (shrink)

Feminist critics of evolutionary psychology are often accused of committing the naturalistic fallacy, that is, of inferring certain normative conclusions from evolutionary psychology’s purely descriptive accounts. This article refutes the accusation of the naturalistic fallacy, by showing that evolutionary psychology’s accounts of human behavior are not purely descriptive, but rather grounded on biased value judgments. A paradigmatic example is Randy Thornhill and Craig Palmer’s well-known book A Natural History of Rape. I argue that at least three biased judgments are (...) at work in Thornhill and Palmer’s evolutionary psychology account of rape: (1) adaptationist approaches to evolution, (2) willful ignorance of cultural and social context, and (3) binary understanding of gender and sex. In that Thornhill and Palmer’s account cannot hold without the three biased value judgments, it is not a purely factual description of rape. Therefore, feminist concerns over its normative implications do not commit the naturalistic fallacy, as it is not the case that they infer a normative conclusion from a pure description. (shrink)

Lack of consent is valorized within popular culture to the point that sexual assault has become a spectator sport and creepshot entertainment on social media. Indeed, the valorization of nonconsensual sex has reached the extreme where sex with unconscious girls, especially accompanied by photographs as trophies, has become a goal of some boys and men.

An intuitive conception of objectivity involves an ideal of neutrality—if we’re to engage in objective inquiry, we must try to sideline our prejudices, values, and politics, lest these factors taint inquiry and unduly influence our results. This intuition underlies various “purist” epistemological frameworks, which grant epistemic significance only to “epistemic factors” like evidence or the truth of a belief. Feminist epistemologists typically condemn purist frameworks as inimical to feminist aims. They argue that purist epistemology is divorced from the ineliminably social (...) and value-laden nature of our epistemic practices, and, moreover, that it abstracts away precisely those features that are needed to explain how power shapes knowledge. As they see it, purist frameworks simply lack the conceptual space needed to ask the right kinds of questions. Thus, they go in for “impurist” frameworks, which grant epistemic significance to “non-epistemic” factors, and so shed the confining constraints of purism. I turn the tables on the impurists—where they have connected purist norms with perniciously disengaged epistemology, I connect impurist norms with a creeping anxiety that is diminishing feminist epistemology’s political possibilities. First, I demonstrate that it’s increasingly common for impurist epistemologists to use moral considerations as a means to bypass the evidence, which betrays a lack of faith that the evidence will bear out feminist commitments. Second, I demonstrate that there is needless pessimism about our capacity to understand, as evidenced by the increasingly widespread idea that privileged social positions place robust limits on what people can know about oppression that they don’t personally experience. In both cases, moral and political considerations are invoked to give the illusion of being socially engaged, while in fact they allow people to give up on the difficult project of figuring things out. An extended case study on rape culture illustrates the stakes of doing inquiry that is only superficially socially engaged; I show that the two anxious traps I’ve identified have prevented contemporary feminist theorists from detecting and rooting out racist distortion in their accounts of rape culture because both traps interfere with a genuinely intersectional approach to feminist theorizing. (shrink)

Criticism can sometimes provoke defensive reactions, particularly when it implicates identities people hold dear. For instance, feminists told they are upholding rape culture might become angry or upset, since the criticism conflicts with an identity that is important to them. These kinds of defensive reactions are a primary focus of this paper. What is it to be defensive in this way, and why do some kinds of criticism, or implied criticism, tend to provoke this kind of response? What (...) are the connections between defensiveness, identity, and active ignorance? What are the social, political, and epistemic consequences of the tendency to defensiveness? Are there ways to improve the situation? (shrink)

Criminal law practices in the US, including policing and incarceration, have drawn heavy criticism for their disproportionate impact on black people, particularly black men. At the same time, some feminist scholars and activists advocate for increases in criminal law responses to sexual assault, including expanding criminal statutes to cover more instances of sexual assault and increasing sentencing guidelines. These reforms are often justified by claims that criminal law should express more feminist values and reject sexist social schemas. This paper makes (...) the case that criminal legal interventions aimed at changing sexist social schemas, such as ‘rape culture,’ are unlikely to be successful because criminal law is effective at maintaining existing social norms, but bad at introducing novel ones. Similarly, in the US, criminality has been ideologically linked to blackness, so attempts to use the stigma of criminality to combat sexual violence are likely to reinforce anti-black racism. The very meaning of a criminal law depends on related social schemas, and the racist social schemas associated with criminality undermine the ability of criminal legal responses to present anti-sexist values. At best, criminal legal reforms aimed at expressing the equal dignity of women will be ambiguous because their meaning is negotiated by existing sexist and racist social schemas. Thus, penal expressivism cannot offer a justification for using criminal law to combat sexual assault. (shrink)

This chapter surveys a few of the central questions about philosophical perspectives on the ethics of belief, focusing especially on (1) questions about whether doxastic involuntarism is consistent with the normative approach to epistemology characteristic of any ethics of belief; (2) the status and interpretation of William Clifford's famous injunction against belief on "insufficient" evidence, and broader questions about the role of negative versus positive doxastic norms; (3) whether norms governing belief are distinctively epistemic norms, or are instead moral or (...) practical ones; and (4) how moral and political questions about belief bear on epistemic norms, including a discussion of doxastic wronging, racist beliefs, skepticism and rape culture, and epistemic partiality—whether, for instance, friendship requires beliefs that violate epistemic norms. (shrink)

There are many ways to understand the meanings of the #MeToo movement. Analyses of its significance have proliferated in popular media; some academic analyses have also recently appeared. Commentary on the philosophical and epistemic significance of the #MeToo movement has been less plentiful. The specific moment of the #MeToo movement in which Dr. Christine Blasey Ford’s testimony garnered a widespread social media response from sexual violence survivors highlighted the power of a particular form of epistemic response, what I call ‘epistemic (...) refusal.’ In breaking our silence, those of us who are sexual violence survivors have used this strategy to refuse the dominant epistemic structures that have kept us tightly in check. Mass informal disclosure of survivor status represented in conjunction with hashtags such as #MeToo, #WhyIDidntReport, and #BelieveHer creates space for epistemic, ethical, and political community between survivors of sexual violence by denying hegemonic epistemic discourses of contemporary rape culture. Regarding Dr. Blasey Ford’s testimony and the social media response it garnered, analysis of three main elements proves particularly illuminating: the nature of mass informal disclosure of sexual violence, what the hashtag #WhyIDidntReport reveals about refusing silence, and what the hashtags #BelieveHer and #BelieveSurvivors can show us about what it takes to begin to overcome epistemic gaslighting. (shrink)

We argue that stereotypes associated with concepts like he-said–she-said, conspiracy theory, sexual harassment, and those expressed by paradigmatic slurs provide “normative inference tickets”: conceptual permissions to automatic, largely unreflective normative conclusions. These “mental shortcuts” are underwritten by associated stereotypes. Because stereotypes admit of exceptions, normative inference tickets are highly flexible and productive, but also liable to create serious epistemic and moral harms. Epistemically, many are unreliable, yielding false beliefs which resist counterexample; morally, many perpetuate bigotry and oppression. Still, some normative (...) inference tickets, like some activated by sexual harassment, constitute genuine moral and hermeneutical advances. For example, our framework helps explain Miranda Fricker’s notion of “hermeneutical lacunae”: what early victims of “sexual harassment” — as well as their harassers — lacked before the term was coined was a communal normative inference ticket — one that could take us, collectively, from “this is happening” to “this is wrong.”. (shrink)

Contextualist treatments of clashes of intuitions can allow that two claims, apparently in conflict, can both be true. But making true utterances is far from the only thing that matters — there are often substantive normative questions about what contextual parameters are appropriate to a given conversational situation. This paper foregrounds the importance of the social power to set contextual standards, and how it relates to injustice and oppression, introducing a phenomenon I call "contextual injustice," which has to do with (...) the unjust manipulation of conversational parameters in context-sensitive discourse. My central example applies contextualism about knowledge ascriptions to questions about knowledge regarding sexual assault allegations, but I will also discuss parallel dynamics in other examples of context-sensitive language involving politically significant terms, including gender terms. The central upshot is that the connections between language, epistemology, and social justice are very deeply interlinked. (shrink)

Although the idea that sexual violence is a “structural” problem is not new, the lack of specification as to what that entails blocks effective responses to it. This paper illustrates the concept of sexual violence as structural in the sense of containing a type of moral wrong called “structural wrong” and discusses its practical implications. First, I introduce a distinction between two types of moral wrongs—interactional wrongs and structural wrongs—and I argue that the moral problem of sexual violence includes both (...) types, each of which calls for a different set of moral responses. Second, drawing on Iris Marion Young’s social connection model of responsibility, I argue that recognizing the structural-wrong element of sexual violence does not reduce individual perpetrators’ responsibility for it. Instead, it implies that a broader group of agents are required to join collective actions to reform the social structure. I conclude by evaluating some preventive programs against sexual violence through the lens of structural wrongs and providing directions to advance them. (shrink)

Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations.

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather than (...) simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

In the context of animal cognitive research, anthropomorphism is defined as the attribution of uniquely human mental characteristics to animals. Those who worry about anthropomorphism in research, however, are immediately confronted with the question of which properties are uniquely human. One might think that researchers must first hypothesize the existence of a feature in an animal before they can, with warrant, claim that the property is uniquely human. But all too often, this isn't the approach. Rather, there is an a (...) priori argument against attributing some properties to animals. Which features are thought to be uniquely human on a priori grounds? The class can be quite large, including psychological states such as beliefs and desires, personality traits such as confidence or timidity, emotions such as happiness or anger, social organizational properties such as culture or friendship, moral behavior such as punishment or rape. For convenience, I will refer to the members of the class as "psychological properties". One critic includes feeling, purpose, intentionality, consciousness, and even cognition in his list of psychological properties that are incorrectly attributed to animals (Kennedy 1992). Among the critics, there is quite a bit of disagreement about what counts as an anthropomorphic attribution, and this alone should raise questions about the charge. We can identify two different questions about the practice of attributing psychological properties to animals within a scientific context. First we can ask whether it is scientifically respectable to examine questions about the mental, psychological, cultural, etc. states of animals. Those who bemoan anthropomorphism think that we ought not even ask such questions. I will look at the worries about asking the question, and argue that there is no special problem with it. The second question arises with an affirmative answer to the first. Given that it is scientifically respectable to examine whether an animal has a psychological property, there must be some scientifically respectable method for doing the examination.. (shrink)

The paper focuses on the issue of truth-telling in non-fictional narratives of (in)justice. Based on examples of rape narratives, domestic abuse narratives, human trafficking narratives and asylum seeker narratives, I examine the various difficulties in telling the truth in such stories, particularly those related to various culturally conditioned ideas of how the world works, which at the same time form the basis of, among other things, legal discourse and officials’ decision-making processes. I will also demonstrate that such culturally conditioned (...) ideas, which are the basis of official discourse, can be considered within the category of both the social imaginary of the just world in the Taylorian sense of the term, and the social master narrative, which in the case of stories of (in)justice is often based on the just world hypothesis. (shrink)

Born to secular Jewish parents and raised in Camden, New Jersey, Andrea Dworkin became a radical second-wave feminist. By Dworkin’s own account, her work is informed by a series of negative personal experiences, including sexual assault at age nine, again by doctors at the Women's House of Detention in New York in 1965, work as a prostitute, and marriage to a battering husband whom she left in 1971. While Dworkin self-identified as a lesbian, since 1974 she lived with a gay (...) male partner, writer John Stoltenberg, whom she married in 1998. Understandably, the main theme of Dworkin's work is male violence against women. This violence is a defining feature of our male-supremacist culture, in which rape, prostitution, and pornography are inevitable expressions of gender norms. Dworkin's writings are primarily aimed at social change rather than intellectualizing. She describes her first book as "a political action where revolution is the goal". What one finds in her writings is not so much philosophical theorizing as calls to action. Thus it is difficult to summarize the abstract theory to which she is committed and from which she draws arguments against the sexism she finds in our culture. What is clear is her desire to eliminate binary concepts of gender and their oppressive effects. In particular, Dworkin urges the destruction of a female gender role that involves masochism, self-hatred, and passivity. She sees male supremacy constructed and reinforced in our culture through the sexist structuring of public institutions and private interactions, locating three crucial foci of male supremacy in action: pornography, sexual intercourse, and rape. These are her central concerns. Her work includes seven monographs, three collections of essays and speeches, a memoir, two novels, and a book of short stories, all of which explore these themes. (shrink)

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights such as (...) killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

Though this volume is a bit dated, there are few recent popular books dealing specifically with the psychology of murder and it’s a quick overview available for a few dollars, so still well worth the effort. It makes no attempt to be comprehensive and is somewhat superficial in places, with the reader expected to fill in the blanks from his many other books and the vast literature on violence. For an update see e.g., Buss, The Handbook of Evolutionary Psychology 2nd (...) ed. V1 (2016) p 265, 266, 270–282, 388–389, 545–546, 547, 566 and Buss, Evolutionary Psychology 5th ed. (2015) p 26, 96–97,223, 293-4, 300, 309–312, 410 and Shackelford and Hansen, The Evolution of Violence (2014) He has been among the top evolutionary psychologists for several decades and covers a wide range of behavior in his works, but here he concentrates almost entirely on the psychological mechanisms that cause individual people to murder and their possible evolutionary function in the EEA (Environment of Evolutionary Adaptation—i.e., the plains of Africa during the last million years or so). -/- Buss starts by noting that as with other behaviors, ‘alternative’ explanations such as psychopathology, jealousy, social environment, group pressures, drugs and alcohol etc. do not really explain, since the question still remains as to why these produce homicidal impulses, i.e., they are the proximate causes and not the ultimate evolutionary (genetic) ones. As always, it inevitably boils down to inclusive fitness (kin selection), and so to the struggle for access to mates and resources, which is the ultimate explanation for all behavior in all organisms. Sociological data (and common sense) make it clear that younger poorer males are the most likely to kill. He presents his own and others homicide data from industrialized nations, and tribal cultures, conspecific killing in animals, archeology, FBI data and his own research into normal people's homicidal fantasies. Much archeological evidence continues to accumulate of murders, including that of whole groups, or of groups minus young females, in prehistoric times. -/- After surveying Buss’s comments, I present a very brief summary of intentional psychology (the logical structure of rationality), which is covered extensively in my many other articles and books. -/- Those with a lot of time who want a detailed history of homicidal violence from an evolutionary perspective may consult Steven Pinker’s ‘The Better Angels of Our Nature Why Violence Has Declined’(2012), and my review of it easily available on the net and in two of my recent ebooks. Briefly, Pinker notes that murder has decreased steadily and dramatically by a factor of about 30 since our days as foragers. So, even though guns now make it extremely easy for anyone to kill, homicide is much less common. Pinker thinks this is due to various social mechanisms that bring out our ‘better angels’, but I think it’s due mainly to the temporary abundance of resources from the merciless rape of our planet, coupled with increased police presence, with communication and surveillance and legal systems that make it far more likely to be punished. This becomes clear every time there is even a brief and local absence of the police. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems of thought viewpoint may consult my e-book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Wittgenstein and Searle 367p (2016). Those interested in more of my writings on psychology may see Suicidal Utopian Delusions in the 21st Century--Philosophy, Human Nature and the Collapse of Civilization 392p (2017). For all my writings in their most recent versions, please consult my e-book Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 3rd Ed. 686p (2017). -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) https://www.amazon.com/dp/B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B0711R5LGX -/- . (shrink)

This is not a perfect book, but it is unique, and if you skim the first 400 or so pages, the last 300 (of some 700) are a pretty good attempt to apply what's known about behavior to social changes in violence and manners over time. The basic topic is: how does our genetics control and limit social change? Surprisingly he fails to describe the nature of kin selection (inclusive fitness) which explains much of animal and human social life. He (...) also (like nearly everyone) lacks a clear framework for describing the logical structure of rationality (LSR—John Searle’s preferred term) which I prefer to call the Descriptive Psychology of Higher Order Thought (DPHOT). He should have said something about the many other ways of abusing and exploiting people and the planet, since these are now so much more severe as to render other forms of violence irrelevant. Extending the concept of violence to include the global long term consequences of replication of someone’s genes, and having a grasp of the nature of how evolution works (i.e., kin selection) will provide a very different perspective on history, current events, and how things are likely to go in the next few hundred years. One might start by noting that the decrease in physical violence over history has been matched (and made possible) by the constantly increasing merciless rape of the planet (i.e., by people's destruction of their own descendants future). Pinker (like most people most of the time) is often distracted by the superficialities of culture when it’s biology that matters. See my recent reviews of Wilson’s ‘The Social Conquest of Earth’ and Nowak and Highfield’s ‘SuperCooperators’ for a brief summary of the vacuity of altruism and the operation of kin selection and the uselessness and superficiality of describing behavior in cultural terms. -/- Those wishing a comprehensive up to date account of Wittgenstein, Searle and their analysis of behavior from the modern two systems view may consult my article The Logical Structure of Philosophy, Psychology, Mind and Language as Revealed in Wittgenstein and Searle (2016). Those interested in all my writings in their most recent versions may download from this site my e-book ‘Philosophy, Human Nature and the Collapse of Civilization Michael Starks (2016)- Articles and Reviews 2006-2016’ by Michael Starks First Ed. 662p (2016). -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) https://www.amazon.com/dp/B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B0711R5LGX . (shrink)

This is not a perfect book, but it is unique, and if you skim the first 400 or so pages, the last 300 (of some 700) are a pretty good attempt to apply what's known about behavior to social changes in violence and manners over time. The basic topic is: how does our genetics control and limit social change? Surprisingly he fails to describe the nature of kin selection (inclusive fitness) which explains much of animal and human social life. He (...) also (like nearly everyone) lacks a clear framework for describing the logical structure of rationality (LSR—John Searle’s preferred term) which I prefer to call the Descriptive Psychology of Higher Order Thought (DPHOT). He should have said something about the many other ways of abusing and exploiting people and the planet, since these are now so much more severe as to render other forms of violence nearly irrelevant. Extending the concept of violence to include the global long-term consequences of replication of someone’s genes, and having a grasp of the nature of how evolution works (i.e., kin selection) will provide a very different perspective on history, current events, and how things are likely to go in the next few hundred years. One might start by noting that the decrease in physical violence over history has been matched (and made possible) by the constantly increasing merciless rape of the planet (i.e., by people's destruction of their own descendant’s future). Pinker (like most people most of the time) is often distracted by the superficialities of culture when it’s biology that matters. See my recent reviews of Wilson’s ‘The Social Conquest of Earth’ and Nowak and Highfield’s ‘SuperCooperators’ here and on the net for a brief summary of the vacuity of ‘true altruism’ (group selection), and the operation of kin selection and the uselessness and superficiality of describing behavior in cultural terms. -/- This is the classic nature/nurture issue and nature trumps nurture --infinitely. What really matters is the violence done to the earth by the relentless increase in population and resource destruction (due to medicine and technology and conflict suppression by police and military). About 200,000 more people a day (another Las Vegas every 10 days, another Los Angeles every month), the 6 tons or so of topsoil going into the sea/person/year –about 1% of the world’s total disappearing yearly, etc. mean that unless some miracle happens the biosphere and civilization will largely collapse during next two centuries, and there will be starvation, misery and violence of every kind on a staggering scale. People's manners, opinions and tendencies to commit violent acts are of no relevance unless they can do something to avoid this catastrophe, and I don't see how that is going to happen. There is no space for arguments, and no point either (yes I'm a fatalist), so I'll just make a few comments as though they were facts. Don't imagine I have a personal stake in promoting one group at the expense of others. I am 78, have no descendants and no close relatives and do not identify with any political, national or religious group and regard the ones I belong to by default as just as repulsive as all the rest. -/- Parents are the worst Enemies of Life on Earth and, taking the broad view of things, women are as violent as men when one considers the fact that women's violence (like most of that done by men) is largely done in slow motion, at a distance in time and space and mostly carried out by proxy -by their descendants and by men. Increasingly, women bear children regardless of whether they have a mate and the effect of stopping one woman from breeding is on average much greater than stopping one man, since they are the reproductive bottleneck. One can take the view that people and their offspring richly deserve whatever misery comes their way and (with rare exceptions) the rich and famous are the worst offenders. Meryl Streep or Bill Gates or J.K Rowling and each of their kids may destroy 50 tons of topsoil each per year for generations into the future, while an Indian farmer and his may destroy 1 ton. If someone denies it that's fine, and to their descendants I say "Welcome to Hell on Earth"(WTHOE). -/- The emphasis nowadays is always on Human Rights, but it is clear that if civilization is to stand a chance, Human Responsibilities must replace Human Rights. Nobody gets rights without being a responsible citizen and the first thing this means is minimal environmental destruction. The most basic responsibility is no children unless your society asks you to produce them. A society or a world that lets people breed at random will always be exploited by selfish genes until it collapses (or reaches a point where life is so horrific it's not worth living). If society continues to maintain Human Rights as primary, to their descendants one can say with confidence "WTHOE". -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems view may consult my book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle’ 2nd ed (2019). Those interested in more of my writings may see ‘Talking Monkeys--Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet--Articles and Reviews 2006-2019 3rd ed (2019), The Logical Structure of Human Behavior (2019), and Suicidal Utopian Delusions in the 21st Century 4th ed (2019) . (shrink)

Soon there will be sex robots. The creation of such devices raises a host of social, legal and ethical questions. In this article, I focus in on one of them. What if these sex robots are deliberately designed and used to replicate acts of rape and child sexual abuse? Should the creation and use of such robots be criminalised, even if no person is harmed by the acts performed? I offer an argument for thinking that they should be. The (...) argument consists of two premises. The first claims that it can be a proper object of the criminal law to regulate wrongful conduct with no extrinsically harmful effects on others. The second claims that the use of robots that replicate acts of rape and child sexual abuse would be wrongful, even if such usage had no extrinsically harmful effects on others. I defend both premises of this argument and consider its implications for the criminal law. I do not offer a conclusive argument for criminalisation, nor would I wish to be interpreted as doing so; instead, I offer a tentative argument and a framework for future debate. This framework may also lead one to question the proposed rationales for criminalisation. (shrink)

Social epistemologists use the term hermeneutical injustice to refer to a form of epistemic injustice in which a structural prejudice in the economy of collective interpretive resources results in a person’s inability to understand his/her/their own social experience. This essay argues that the phenomenon of unacknowledged date rapes, that is, when a person experiences sexual assault yet does not conceptualize him/her/their self as a rape victim, should be regarded as a form of hermeneutical injustice. The fact that the concept (...) of date rape has been widely used for at least three decades indicates the intractability of hermeneutical injustices of this sort and the challenges with its overcoming. (shrink)

In 2012, the politician Todd Akin caused a firestorm by suggesting, in the context of an argument about the moral permissibility of abortion, that some forms of rape were. This seemed to imply that other forms of rape must not be legitimate. In response, several commentators pointed out that rape is a and that there are. While the intention of these commentators was clear, I argue that they may have played into the very stereotype of rape (...) endorsed by Akin. Such a response, I claim, actually obscures a range of sexual harms, including some that may not rise to the level of being a crime. I also offer some thoughts on the moral psychology behind anti-abortion arguments of the kind advanced by Akin. (shrink)

This paper addresses the question of whether rape-law reform should treat all cases of simple rape—nonconsensual sex that does not involve the use or credible threat of physical force—as a serious crime. Of primary concern here are those sexual interactions, often referred to as “date rape” or “acquaintance rape,” where the coercive element is not physical force as evidenced by reasonable resistance. Should, as some feminist reformers have urged, felony rape include sexual interactions that may (...) not be fully consensual but do not include the use of physical force? If so, can convincing answers be provided for due process questions about what constitutes valid consent to sex and how to tell when it is present. This paper warns of the difficulties in determining what counts as evidence of nonconsent and mens rea in light of the “linkage thesis” which takes valid consent in these cases to be bilateral and interactive, and to imply the absence of mens rea. Given the complexity of norms governing these sexual interactions and the high likelihood of reasonable mistakes about consent, this paper contends that criminalizing these cases of simple rape will often result in the unjust treatment of the relevant parties. (shrink)

Argument about changes in the law of rape are logically dependent upon a prior definitional account. For any legal definition of an act, one can sensibly ask if that definition is right. To know whether the law is sound, one must first understand of what it is that the definition is a definition. For many parts of the criminal law, and the law of rape is one, the definitions on which the law moves are concepts perfectly accessible outside (...) and apart from the law. I have two aims for this article. The first is to argue for a particular conception of rape as the best understanding of the constellation of acts we conceptualize as rape. The second, less direct, is to show that traditional methods of conceptual analysis can contribute to legal and social scholarship and reform. (shrink)

Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same action and intention. While some argue (...) luck should not bear on persons’ culpability, Victor Kumar has argued that the tendency to hold unlucky agents responsible for harm is justified by consequentialist aims of punishment (Kumar 2019). In contrast, judgments that focus on acts and intentions may be primarily retributive. Kumar claims that judgments focused on results track external, public harm because this increases the reliability of punishment and better achieves instrumental aims, including deterrent effect. In this chapter I examine rape cases using Kumar’s theory of punishment. Rape involves outcomes that are not publicly available. If judgments of punishment depend on outcomes, then we would expect such judgments to be less stable for those instances of wrongdoing that lack public outcomes such as rape, because such judgments would rely instead on often biased and unreliable inferential processes to establish the presence of mental states, which are essentially private. In this way Kumar’s theory actually predicts the way in which we see criminal justice institutions fail with regard to arrest, prosecution, and punishment related to rape; and we might expect similar failures for other crimes that lack publicly available results. In sum, a fundamental problem with institutionalized punishment centered upon results may be that some crimes sit within a moral blindspot. (shrink)

Several prominent theorists have recently advocated reconceptualizing rape as “nonconsensual sex,” omitting the traditional “force” element of the crime. I argue that such a conceptualization fails to capture what is distinctively problematic about rape for women and why rape is pivotal in supporting women’s gender oppression. I argue that conceptualizing rape as coerced sex can replace both the force and nonconsent elements and thereby remedies some of the main difficulties with extant definitions, especially in recognizing “acquaintance” (...) rape as such. I argue that this approach helps explain its distinctive badness both for the individual victims and for women as a group. (shrink)

Sexuel offences are classified in six groups and the most serious one is raping. If defloration is accompained with this offence, the punishment will increase seriously. -/- In this paper, the raping on the woman was violated through vagina have been investigated and at the offence fixation, the importance of the hymen have been determined.

In *Engaging Capital Emotions,* Douglas Berman and Stephanos Bibas argue that emotion is central to understanding and evaluating the death penalty, and that the emotional case for the death penalty for child rape may be even stronger than for adult murder. Both the Berman and Bibas article and the subsequent Supreme Court decision in Kennedy v. Louisiana (striking down the death penalty for child rape) raise difficult questions about how to measure the heinousness of crimes other than murder, (...) and about the role the pain suffered by victims and victims' families should play in this inquiry. In this Reply, I agree with the authors on the importance of confronting emotion's role in capital punishment, for reasons I discuss in Part A. However, I disagree with their claim that the moral outrage evoked by child rape supports making it a capital crime. Part B explores the difficulties of using the existence of moral outrage as a measure of appropriate punishment. Part C argues that the penal system should not merely reflect moral outrage, but channel and educate it. It suggests that the availability of the death penalty may create an anchoring effect, communicating the message that the death penalty is the proper way to express moral outrage and to honor the worth of murder victims. It explores the consequences of this message. Section II focuses on the role of emotion in deciding whether child rape should be a capital crime. Part A considers the problematic role of victim harm in determining whether the death penalty is appropriate. It explores the question, raised in Kennedy v Louisiana, of whether the effect of a capital trial on child rape victims ought to be part of the calculus. Part B argues that there are three particular problems with allowing juries to sentence child rapists to death: the deleterious effect of anger and empathy, the problem of generic prejudice, and the issue of race. (shrink)

Rae Langton and Caroline West argue that pornography silences women by presupposing misogynistic attitudes, such as that women enjoy being raped. More precisely, they claim that a somewhat infamous pictorial, ‘Dirty Pool’, makes such presuppositions, and that it is typical in this respect. I argue for four claims. (1) There are empirical reasons to doubt that women are silenced in the way that Langton and West claim they are. (2) There is no evidence that very much pornography makes the sorts (...) of presuppositions that Langton and West's explanation of silencing requires it to make. (3) Even ‘Dirty Pool’, for all its other problems, does not make such presuppositions. (4) Langton and West misread ‘Dirty Pool’ because they do not take proper account of the fact that pornography often traffics in sexual fantasy. The broader lesson is that we need to read pornography more sensitively if we are to understand its capacity to shape socio‐sexual norms (for good or for ill). (shrink)

In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere that the kind of (...) thin consent that the law focuses on is not enough ethically and it should not be enough legally to justify sexual penetration. I advocate sexual negotiation, where individuals discuss sexual desires and boundaries and agree to engage in penetration before it occurs, except under circumstances in which the partners have a reasonable basis to assess one another's nonverbal behavior. I argue that not only is verbal consultation about desire ordinarily ethically necessary before most acts of sexual penetration, it should be legally required. Consultation to ascertain sexual desires and boundaries assures that both parties desire penetration. (shrink)

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

This article was written in the wake of the issue concerning Jyoti's rape and the documentary "India's Daughter".

This study examined students’ perception of rape and sexual violence and methods of prevention in tertiary institutions in Lagos State. It was a cross-sectional study carried out among one thousand, two hundred and eleven (1,211) female undergraduates selected from two tertiary institutions in Lagos State. The sample size for the study was one hundred and twenty-one (121) representing 10% of the population. Inferential statistics was used for analysis. The results revealed that majority of the students are aware of the (...) different types of rape but did not consider forced sexual intercourse between spouses as rape. The students have a good knowledge of rape and sexual violence. The students perceive that rape can have detrimental effects on the victims’ mental, physical and reproductive health. Avoiding late nights, dressing decently, increasing the presence of security officers at strategic places on campus and the likes were identified ways of preventing rape in tertiary institutions. Among the recommendations proffered are that students should review their dressing styles to conform to the morals of the society to prevent the occurrence of rape. (shrink)

Ephecticism is the tendency towards suspension of belief. Epistemology often focuses on the error of believing when one ought to doubt. The converse error—doubting when one ought to believe—is relatively underexplored. This essay examines the errors of undue doubt. I draw on the relevant alternatives framework to diagnose and remedy undue doubts about rape accusations. Doubters tend to invoke standards for belief that are too demanding, for example, and underestimate how farfetched uneliminated error possibilities are. They mistake seeing how (...) incriminating evidence is compatible with innocence for a reason to withhold judgement. Rape accusations help illuminate the causes and normativity of doubt. I propose a novel kind of epistemic injustice, for example, wherein patterns of unwarranted attention to farfetched error possibilities can cause those error possibilities to become relevant. Widespread unreasonable doubt thus renders doubt reasonable and makes it harder to know rape accusations. Finally, I emphasise that doubt is typically a conservative force and I argue that the relevant alternatives framework helps defend against pernicious doubt-mongers. (shrink)

Through the lens of the informational entropy-based notion of value, I attempt to provide explanations for the aspects of cultural additivity that I could not explain previously: the additivity limit and the drawbacks of cultural additivity.

The Philippines is a multicultural society with diverse cultures and beliefs for each indigenous community. This study was designed to determine the level of culturally responsive teaching self-efficacy (CRTSE) of mathematics teachers and to propose a training design. The study utilized an explanatory sequential research design using a survey and focus-grouped discussion and was participated by 65 in-service mathematics teachers. Based on the result, the mathematics teachers' overall level of teaching efficacy in using culturally responsive pedagogy (CRP) is very high. (...) It was also found that teachers’ implementation of CRP that influences teaching self-efficacy includes the use of native language and the use of contextualized and localized examples. It is recommended that mathematics teachers may adopt the use of culturally responsive pedagogies in their respective classes and consider the use of native language and use of contextualized and localized examples to provide a meaningful teaching-learning experience. -/- . (shrink)

Prolife theorists typically hold to the claim that all human beings possess equal moral status from conception and consequently possess a right to life. This, they believe, entails that abortion is impermissible in all circumstances. Critics characterize this as an extreme anti-abortion position, as it prima facie allows no exceptions, even in cases of rape. Here, I examine whether the prolife claim regarding equal moral status is compatible with a more attractive moderate stance that permits an exception in the (...) case of rape. I show that Judith Jarvis Thomson's analysis of rights can be used to modify the prolife position in this way, but that doing so involves concessions that prolife theorists are unlikely to find acceptable. (shrink)

The notion that rape is an act of violence rather than sex is a central tenet in rape crisis support and education. A therapeutic benefit of this conceptualisation of rape is that it counters shame and guilt by affirming that the victim was not a complicit partner in an act of sex. However, this conceptualisation has recently been criticised for not capturing what makes rape an especially serious kind of wrong. This raises an apparent dilemma for (...) rape crisis support. Recent work in analytic moral philosophy on the nature of rape offers a way to resolve this dilemma. It is argued that rape is not sex, but is nonetheless sexual. This distinction allows for a charitable reformulation of the central tenet in rape crisis support, which can facilitate the dual therapeutic aims of countering the sense of shame and of recognising the especially serious kind of the harm suffered by the victim. (shrink)

What could ground normative restrictions concerning cultural appropriation which are not grounded by independent considerations such as property rights or harm? We propose that such restrictions can be grounded by considerations of intimacy. Consider the familiar phenomenon of interpersonal intimacy. Certain aspects of personal life and interpersonal relationships are afforded various protections in virtue of being intimate. We argue that an analogous phenomenon exists at the level of large groups. In many cases, members of a group engage in shared practices (...) that contribute to a sense of common identity, such as wearing certain hair or clothing styles or performing a certain style of music. Participation in such practices can generate relations of group intimacy, which can ground certain prerogatives in much the same way that interpersonal intimacy can. One such prerogative is making what we call an appropriation claim. An appropriation claim is a request from a group member that non-members refrain from appropriating a given element of the group’s culture. Ignoring appropriation claims can constitute a breach of intimacy. But, we argue, just as for the prerogatives of interpersonal intimacy, in many cases there is no prior fact of the matter about whether the appropriation of a given cultural practice constitutes a breach of intimacy. It depends on what the group decides together. (shrink)

A brief reference article on cultural relativism.

Following recent arguments that cultural practices in wild animal populations have important conservation implications, we argue that recognizing captive animals as cultural has important welfare implications. Having a culture is of deep importance for cultural animals, wherever they live. Without understanding the cultural capacities of captive animals, we will be left with a deeply impoverished view of what they need to flourish. Best practices for welfare should therefore require concern for animals’ cultural needs, but the relationship between culture (...) and welfare is also extremely complex, requiring us to rethink standard assumptions about what constitutes and contributes to welfare. (shrink)

The study of cultural evolution has taken on an increasingly interdisciplinary and diverse approach in explicating phenomena of cultural transmission and adoptions. Inspired by this computational movement, this study uses Bayesian networks analysis, combining both the frequentist and the Hamiltonian Markov chain Monte Carlo (MCMC) approach, to investigate the highly representative elements in the cultural evolution of a Vietnamese city’s architecture in the early 20th century. With a focus on the façade design of 68 old houses in Hanoi’s Old Quarter (...) (based on 78 data lines extracted from 248 photos), the study argues that it is plausible to look at the aesthetics, architecture, and designs of the house façade to find traces of cultural evolution in Vietnam, which went through more than six decades of French colonization and centuries of sociocultural influence from China. The in-depth technical analysis, though refuting the presumed model on the probabilistic dependency among the variables, yields several results, the most notable of which is the strong influence of Buddhism over the decorations of the house façade. Particularly, in the top 5 networks with the best Bayesian Information Criterion (BIC) scores and p<0.05, the variable for decorations (DC) always has a direct probabilistic dependency on the variable B for Buddhism. The paper then checks the robustness of these models using Hamiltonian MCMC method and find the posterior distributions of the models’ coefficients all satisfy the technical requirement. Finally, this study suggests integrating Bayesian statistics in the social sciences in general and for the study of cultural evolution and architectural transformation in particular. (shrink)

In this paper, I present an outline of the oppression account of cultural appropriation and argue that it offers the best explanation for the wrongfulness of the varied and complex cases of appropriation to which people often object. I then compare the oppression account with the intimacy account defended by C. Thi Nguyen and Matt Strohl. Though I believe that Nguyen and Strohl’s account offers important insight into an essential dimension of the cultural appropriation debate, I argue that justified objections (...) to cultural appropriation must ultimately be grounded in considerations of oppression as opposed to group intimacy. I present three primary objections to the intimacy account. First, I suggest that in its effort to explain expressive appropriation claims (those that purportedly lack an independent ground), the intimacy account doubles down on the boundary problem. Second, I question whether group intimacy possess the kind of bare normativity that Nguyen and Strohl claim for it. Finally, I argue that these objections give us reason to accept the importance of group intimacy to the cultural appropriation debate, but question the source of its significance as identified by Nguyen and Strohl. (shrink)

Cultural attractor theory (CAT) is a highly visible and audacious approach to studying human cultural evolution. However, the explanatory aims and some central explanatory concepts of CAT remain unclear. Here I remedy these problems. I provide a reconstruction of CAT that recasts it as a theory of forces. I then demonstrate how this reinterpretation of CAT has the resources to generate both cultural distribution and evolvability explanations. I conclude by examining the potential benefits and drawbacks of this reconstruction.

What makes fast, cumulative cultural evolution work? Where did it come from? Why is it the sole preserve of humans? We set out a self-assembly hypothesis: cultural evolution evolved culturally. We present an evolutionary account that shows this hypothesis to be coherent, plausible, and worthy of further investigation. It has the following steps: (0) in common with other animals, early hominins had significant capacity for social learning; (1) knowledge and skills learned by offspring from their parents began to spread because (...) bearers had more offspring, a process we call CS1 (or Cultural Selection 1); (2) CS1 shaped attentional learning biases; (3) these attentional biases were augmented by explicit learning biases (judgements about what should be copied from whom). Explicit learning biases enabled (4) the high-fidelity, exclusive copying required for fast cultural accumulation of knowledge and skills by a process we call CS2 (or Cultural Selection 2), and (5) the emergence of cognitive processes such as imitation, mindreading and metacognition – ‘cognitive gadgets’ specialised for cultural learning. This self-assembly hypothesis is consistent with archaeological evidence that the stone tools used by early hominins were not dependent on fast, cumulative cultural evolution, and suggests new priorities for research on ‘animal culture’. (shrink)