This paper considers three possible ways of understanding the claim that the American criminal justice system is racist: individualist, “patterns”-based, and ideology-based theories of institutional racism. It rejects an individualist explanation of institutional racism because such an explanation fails to explain the widespread prevalence of anti-black racism in this system or indeed in the United States. It considers a “patterns” account of institutional racism, where consistent patterns of disparate racial effect mimic the structure of intentional projects of racial subjugation like (...) slavery or Jim Crow. While a “patterns” account helpfully directs attention to the effects of policies and practices that make up an institution, it does not fully explain the deep roots of anti-blackness in the criminal justice system in the United States. The paper concludes by defending an ideology-based theory of institutional racism for understanding the criminal justice system because the stereotype of the black criminal has a mutually reinforcing relationship with the patterns of disparate outcome for black people in the criminal justice system. This relationship creates a looping effect where the stereotype of the black criminal fuels the disproportionate involvement of black people in the criminal justice system, and the disproportionate representation of black people with felony records, in prisons, brutalized in police encounters, and so on reinforces the idea that black people are especially prone to criminality. Ideological approaches to racism that integrate attention to the patterns of disparate effect best explain what it means to say that the criminal justice system is racist. (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)

In this paper, I argue that the fetishism objection to moral hedging fails. The objection rests on a reasons-responsiveness account of moral worth, according to which an action has moral worth only if the agent is responsive to moral reasons. However, by adopting a plausible theory of non-ideal moral reasons, one can endorse a reasons-responsiveness account of moral worth while maintaining that moral hedging is sometimes an appropriate response to moral uncertainty. Thus, the theory of moral worth upon which the (...) fetishism objection relies does not, in fact, support that objection. (shrink)

Morally speaking, what should one do when one is morally uncertain? Call this the Moral Uncertainty Question. In this paper, I argue that a non-ideal moral theory provides the best answer to the Moral Uncertainty Question. I begin by arguing for a strong ought-implies-can principle---morally ought implies agentially can---and use that principle to clarify the structure of a compelling non-ideal moral theory. I then describe the ways in which one's moral uncertainty affects one's moral prescriptions: moral uncertainty constrains the set (...) of moral prescriptions one is subject to, and at the same time generates new non-ideal moral reasons for action. I end by surveying the problems that plague alternative answers to the Moral Uncertainty Question, and show that my preferred answer avoids most of those problems. (shrink)

Since 1900, debates about the justification of punishment have also been debates about the cause of crime. In the early twentieth century, the rehabilitative ideal of punishment viewed mental illness and dysfunction in individuals as the cause of crime. Starting in the 1970s, retributivism identified the immorality of human agents as the source of crime, which dovetailed well with the “tough-on-crime” political milieu of the 1980s and 1990s that produced mass incarceration. After surveying these historical trends, Wirts argues for a (...) social critical view that crime is best understood as a product of an unjust society, not faulty human beings. This view should take the lessons learned by the critiques of rehabilitation, however, and resist the tendency to reduce human beings to recipients of social services. (shrink)

In their article, “Immigrant legalization: A Dilemma Between Justice and The Rule of Law,” Sarah Song and Irene Bloemraad address rule of law objections to policies that would regularize the status of undocumented immigrants in the United States. On their view, justice requires that liberal democratic states (i.e., states that are committed to individual liberty and universal equality) provide pathways for undocumented immigrants to regularize their status. We do not disagree with Song and Bloemraad’s account: rule of law and regularization (...) policies are not inconsistent, and in fact regularization supports rule of law, when properly understood. Our view is that there needs to be a deeper investigation into the motivations of “rule of law” objections considered in Song and Bloemraad’s account. We argue that the real purpose of these objections is not necessarily to serve as an alternative to the justice-based claims of undocumented immigrants, but as a way to undermine them. On our account, these rule of law objections accomplish this undermining task through the mechanisms of dog whistling, discrediting and distorting, and ostracizing. (shrink)

Sean McKeever and Michael Ridge object that moral particularism ‘flattens the moral landscape’, that is, that particularism treats reasons of different kinds as if they were reasons of the same kind. This objection is misguided in two respects. First, particularists need not say that every feature can be a moral reason. Second, even if particularists were committed to saying that every feature can be a moral reason, they would still not be committed to the view that every feature can have (...) direct moral relevance. The failure of this objection shows that the objection exploits side-constraints that need not be placed on moral particularism. (shrink)

There are cases in which, intuitively, an agent’s action is both morally right in one sense, and morally wrong in another sense. Such cases (along with other intuitions about blameless wrongdoing and action-guidance) support distinguishing between the objective moral ‘ought’ and the subjective moral ‘ought.’ This chapter argues against drawing this distinction, on the grounds that the prescriptions delivered by an adequate objective moral theory must be sensitive to the mental states of agents. Specifically, an adequate theory of the objective (...) moral ‘ought’ must respect a strong ought-implies-can principle—morally ought implies agentially can—in order to prescribe actions to real-life agents. An agent’s mental states determine what is agentially possible for that agent; thus, what an agent objectively morally ought to do is in part determined by the agent’s mental states. This chapter describes the structure of a compelling non-ideal moral theory that is both objective and mental state-sensitive. This non-ideal theory illuminates the shortcomings of extant objectivist and subjectivist moral theories, and illustrates how we can dispense with the subjective moral ‘ought.’. (shrink)

English interpretations, appropriations, and transpositions of the figure of Don Quixote play a pivotal role in eighteenth-century constructions of so-called English national character. A corpus of quixotic narratives worked to reinforce the centrality of Don Quixote and the practice of quixotism in the national literary landscape. They stressed the man from La Mancha’s eccentricity and melancholy in ways inextricable from English self-constructions of these traits.2 This is why Stuart Tave is able to write that eighteenth-century Britons could “recast” Don Quixote (...) in a fashion that followed “national pride” in the “freedom” of their humors.1 However, Don Quixote’s integral place in patriotic self-constructions was troubled by gender. While national character was construed as masculine by default, quixotism’s association with masculinity was complicated by the potential passive penetrability of quixotism and the proliferation of narratives about female quixotic readers. This essay will analyze these tensions. Henry Fielding’s Joseph Andrews (1742) and Laurence Sterne’s Tristram Shandy (1759–67) are key examples of quixotic texts that respond to the figure of the female quixote by interrogating the relationship between Englishness, masculinity, and quixotism. (shrink)

The Divine Comedy is a poem of Dante Alighieri representing, allegorically, the journey of a soul towards God, in the framework of Dante’s metaphysics of the divine light. However, besides metaphysics, we can find in the poem several passages concerning the natural phenomena. Here we discuss some them, in order to investigate Dante’s knowledge of Physics and, in particular, of Optics.

Raymond Carver's stories have received many labels: minimalism, K-mart fiction, low-rent tragedy, neo-realism. Paring language, plot, and characterization to the bone, Carver concentrates his stories on instances of judgment and choice. These climactic moments affect not only the characters, but also the reader, who is called to fill the gaps in the text. The gaps generally show the unrelatedness of the characters' responses to the situations in which they find themselves. Relying on formulae, concepts, and rules taken for granted as (...) common knowledge, Carver's characters make choices and judgments which reveal the displacement of their consciousness of themselves and of the world. In trying to fill the gaps, the reader finds himself/herself in the same stance of making judgments and choices, and of looking at his/her own displacement. This predicament is more poignantly conveyed in the early stories, collected in Will You Please Be Quiet, Please?, Furious Seasons, and What We Talk About When We Talk About Love, since Carver writes about people "on the other side of the tracks," that is, on the edges of the sites of power and decisions. Bartenders, wage workers, and salespeople, Carver's characters in these early stories see their lives always threatened by joblessness, bankruptcy, and homelessness. In the later stories, collected in Cathedral and Where I'm Calling From, Carver explores possibilities in conversation, storytelling, and rituals that celebrate the here and now of each occasion and allow the merging of voices and feelings that places the individual's consciousness in the world. (shrink)

Using research grants administrators and their clients (academic researchers) as the lens, this paper investigated the relevance and implication of a fraud prevention policy at a University of Technology (UoT) in South Africa. The paper adopted a quantitative approach in which closed-ended questions were complemented by open-ended questions in the survey questionnaire in the attempt to capture the perceptions of both research grants administrators and their clients on the relevance and implications of a fraud and irregularity prevention policy. The results (...) indicate that both research grants administrators (71.4 %), and their clients (73%) do not know if UoTx has a fraud and irregularity policy. While only 36% of research grants administrators indicated that they would feel safe reporting deceitful activities, a slight majority (59%) of the clients reported same. With regards to the steps to follow to report fraudulent activity, it was noted that while all (100%) the research grants administrators noted that they were clueless, ironically an overwhelming majority of their clients indicated otherwise. Notwithstanding, both research grants administrators and their clients (93% and 95% respectively) concurred that a fraud prevention policy was necessary for UoTx. The implication is that having phenomenal controls that are not effectively publicized, monitored or worse still overridden by someone are useless. (shrink)

In this paper, we are proposing a study of the Vesica Piscis, a symbol of Sacred Geometry, starting from mathematics. This study aims to give a deeper comprehension of the hidden meanings of this icon. The paper is also showing that scientific and philosophical studies can be integrated, leading to very interesting results.

Here we propose a discussion about the "mandorla" or "vesica piscis". It is a type of 2-dimensional lens, that is, a geometric shape formed by the intersection of two circles with the same radius, intersecting in such a way that the centre of each circle lies on the perimeter of the other. The aim of the discussion is that of understanding when such a geometric shape became a symbol and when this symbol received a specific name. We will find that (...) the name "mandorla" was used long before the term "vesica piscis", which is the Latin translation of the German "fischblosen" used by Albrecht Dürer in his book on geometry. Therefore, the name invented by Dürer was not used by the painter for a sacred form. However, after the middle of the nineteenth century the term "vesica piscis" exploded in literature. Its use was criticized and, at the same time, it was stressed that the proper term for the symbol is "mandorla". Nonetheless, the "vesica piscis" continues to be largely used in the sacred geometry, which ascribes symbolic and sacred meanings to certain geometric shapes and proportions. In the proposed discussion, we will also show that, recently, the 2-dimensional lenticular symbol has been related to the Pythagorean philosophy. It is told that the followers of this philosophy had the habit of using an apple for symbolic communications. Sliced across, the core of the apple is displaying a pentagram, but sliced lengthwise it forms two intersecting circles, that is a "mandorla". Then, the investigation about terms and related uses of this specific geometric shape is the core of the matter of our discussion or, let us tell, the "core of the apple", in a Pythagorean-like approach to find how a German "fischblosen" evolved into a sacred symbol, thanks to a translation into Latin. (shrink)

in academic entrepreneurship and creation of university spin-off companies has grown in South Africa. This study aims to establish the factors that inspire academics to engage in entrepreneurial activities and to identify the role that academic entrepreneurs play in the process of technology transfer and commercialization at University of Technology (UoT) X. A quantitative research approach is adopted throughout this study. As part of the quantitative research approach, structured questionnaires were directly administered to the respondents to collect the data. Specifically, (...) 52 electronic survey questionnaires were distributed. The sample is drawn from two databases compiled, using UOTX’s internal research records. One of the databases, held a list of those academics who have been active in terms of research as evident in their research outputs – technology creation and transfer. The other database (control group) holds a list of those academics that have not been active. From both groups, a purposive sample is drawn for the survey questionnaire. This study notes that pull factors tend to influence the entrepreneurial activities of academics at UOT X more than push factors and that academics are key players in the process of technology transfer. Thus, this study may assist the university senior management to develop strategies to improve academic entrepreneurship for all faculties. In line with this, it is expected that the primary function of UOT X should be to instil a greater entrepreneurial spirit among the relevant stakeholders. (shrink)

Review di due libri essenziali per conoscere meglio Amedeo Avogadro e il suo impegno nella società civile del tempo.

'Hands Tied' brings together two very different films about hands: Maria Lassnig's Palmistry (1973) and Ayesha Hameed's A Rough History (of the Destruction of Fingerprints) (2016). These works are contextualised and their scope extended further by a roundtable discussion featuring participants Rachel Aumiller, Sam Dolbear, Nadine El-Enany, Amelia Groom, Clio Nicastro, Anja Sunhyun Michaelsen, and M. Ty., who discuss their relation to fate, work, pleasure, touch, and surveillance.

Research within the H2020 PROGRESSIVE project has identified good practices in user co-production strategies and methodologies. Early findings from research in the PROGRESSIVE project were shared with relevant stakeholders outside the consortium for consultation and review. The outcomes of that initial investigation highlighted the need to focus on the objectives, processes, and methods used in user and older people co-production. This guide adapts these insights and makes them relevant specifically for standardisation in ICT for active and healthy ageing. This guide (...) was approved by representatives of the PROGRESSIVE project on 22 February 2018. The consortium has requested comments from interested stakeholders in an enquiry from 1 March to 30 April 2018. The PROGRESSIVE guide was approved on 5 June 2018. (shrink)

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS. -/- The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: (...) there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into an unpalatable moral relativism on which there is no non-arbitrary basis between a justice that underwrites forms of domination such as slavery and a justice that condemns such forms of domination is equally powerful and compelling. I show that there is a way to harmonize both views that is subject to empirical test. -/- First I show that the most widely accepted and influential formulation of liberal justice, John Rawls' Justice as Fairness, in. e.g, A Theory of Justice, cannot avoid the relativistic challenge because it would not be accepted, as a matter of sociological fact, by real people in a divided society once the "veil of Ignorance" is removed and real people step out from the Original Position. To put it differently, different reflective equilibria are inevitable in a divided society. Given the weight that Rawls properly puts on the realizability of a conception of justice and its stability in practice, this is a fatal objection. There can be no divided society that is "well ordered" in Rawls' sense, governed by a shared conception of justice and known to be so governed. -/- I then turn to the most powerful statement of the CLS view, Milton's Fisk's relativistic account in The State and Justice. For Fisk, justice is a compromise between what the dominant groups can compel and what the the subordinate groups will acquiesce to., There is no one such compromise in any given situation, so the account is in that sense relativistic, but more deeply, it is relativistic in that it offers no non-arbitrary, non-question begging way to choose between the official justice of, e.g., a slaveholding society and and the radical justice of the slaves, which has no place for slaveholders as a group or slavery as an institution.All that Fisk can offer is an arbitrary existential choice: I'm with the slaves. (Or the slaveowners.) Most of us would find this disconcerting or even unacceptable. -/- I show that Fisk's general sort of account can be modified to allow for an non-arbitrary choice. Given general facts about human nature, societies based on domination will produce resistance that over the long run will diminish or eliminate various forms of domination. Through a sort of ratchet effect, rights won will be hard if not impossible to reverse. Societies embodying forms of domination can therefore be compared on dimensions of stability: the more domination, the more resistance, and the less stability. Such societies are inferior on the dimension of justice to more emancipatory society on the terms of both kinds of justice, official and radical. -/- This is not question begging because regimes of domination incorporate stability no less than more emancipatory social orders. The choice between official justice embodying domination and radical justice that does not is not arbitrary because it is based on a shared commitment to long term stability. This offers an empirical test of which social orders are more justice, and a prediction that over time, domination will tend to decrease. (shrink)

LEITE (Fábio Rodrigo) – STOFFEL (Jean-François), Introduction (pp. 3-6). BARRA (Eduardo Salles de O.) – SANTOS (Ricardo Batista dos), Duhem’s analysis of Newtonian method and the logical priority of physics over metaphysics (pp. 7-19). BORDONI (Stefano), The French roots of Duhem’s early historiography and epistemology (pp. 20-35). CHIAPPIN (José R. N.) – LARANJEIRAS (Cássio Costa), Duhem’s critical analysis of mecha­ni­cism and his defense of a formal conception of theoretical phy­sics (pp. 36-53). GUEGUEN (Marie) – PSILLOS (Stathis), Anti-­scepticism and epistemic humility (...) in Pierre Duhem’s philosophy of science (pp. 54-72). LISTON (Michael), Duhem : images of science, historical continuity, and the first crisis in physics (pp. 73-84). MAIOCCHI (Roberto), Duhem in pre-war Italian philos­ophy : the reasons of an absence (pp. 85-92). HERNÁNDEZ MÁRQUEZ (Víctor Manuel), Was Pierre Duhem an «esprit de finesse» ? (pp. 93-107). NEEDHAM (Paul), Was Duhem justified in not distinguishing between physical and chemical atomism ? (pp. 108-111). OLGUIN (Roberto Estrada), «Bon sens» and «noûs» (pp. 112-126). OLIVEIRA (Amelia J.), Duhem’s legacy for the change in the historiography of science : An analysis based on Kuhn’s writings (pp. 127-139). PRÍNCIPE (João), Poincaré and Duhem : Resonances in their first epistemological reflec­tions (pp. 140-156). MONDRAGON (Damián Islas), Book review of «Pierre Duhem : entre física y metafísica» (pp. 157-159). STOFFEL (Jean-François), Book review of P. Duhem : «La théorie physique : son objet, sa structure» / edit. by S. Roux (pp. 160-162). STOFFEL (Jean-François), Book review of St. Bordoni : «When historiography met epistemology» (pp. 163-165). (shrink)

Sumário: 1. O conceito de revolução, Amélia de Jesus Oliveira; 2. Mudanças de concepção de mundo, Artur Bezzi Günther; 3. Habilidade e causalidade: uma proposta confiabilista para casos típicos de conhecimento, Breno Ricardo Guimarães Santos; 4. El realismo interno de Putnam y sus implicaciones en la filosofía de la ciencia y para el realismo científico, Marcos Antonio da Silva; 5.O papel da observação na atividade científica segundo Peirce, Max Rogério Vicentini; 6.Fact and Value entanglement: a collapse of objective reality?, Oswaldo (...) Melo Souza Filho; 7.Realismo interno e o paradoxo de Putnam, Renato Mendes Rocha; 8.Uma informação, dois formatos, dois destinos, Cícero Antônio Cavalcante Barroso; 9.O Mentiroso e as intuições acerca da noção de verdade na perspectiva de Saul Kripke, Ederson Safra Melo; 10.A conceptual difficulty with some definitions of behavior, Filipe Lazzeri; 11.A faceta epistêmica do problema da referência, Saulo Moraes de Assis; 12.Princípios metafísicos do método newtoniano, Bruno Camilo de Oliveira; 13.A resposta aristotélica para a aporia do regresso ao infinito nas demonstrações, Daniel Lourenço; 14.O uso da doutrina da ponderação aplicado ao principialismo, Cinthia Berwanger Pereira; 15.A fenomenologia da vida interior em Hannah Arendt, Elizabete Olinda Guerra; 16.Por que achar que o direito é formado por ordens é um fracasso?, ria Alice da Silva; 17 Por que ainda há poucas mulheres na filosofia? Uma versão modificada do modelo das “vozes diferentes”, Tânia A. Kuhnen; 18.Algumas considerações sobre Substância, Forma e Matéria na Metafísica de Aristóteles, Gabriel Geller Xavier. (shrink)

This year's book award committee reviewed thirty nominated books. We identified seven finalists, each well worth our special attention: Milton Fisk's impressive Towards a Healthy Society, Gary Francione's feisty Introduction to Animal Rights, Timothy Gaffaney's engaging Freedom for the Poor, David Ingram's historically insightful Group Rights, Rachel Roth's poignant Making Women Pay, Karen Warren's finely articulated Ecofeminist Philosophy, and the eventual winning entry, Phillip Cole's Philosophies of Exclusion: Liberal Political Theory and Immigration. We're here today to discuss this important book.

G. A. Cohen defends and Jon Elster criticizes Marxist use of functional explanation. But Elster's mechanical conception of explanation is, contrary to Elster's claims, a better basis for vindication of functional explanation than Cohen's nomological conception, which cannot provide an adequate account of functional explanation. Elster also objects that functional explanation commits us to metaphysically bizarre collective subjects, but his argument requires an implausible reading of methodological individualism which involves an unattractive eliminativism about social phenomena.