Ever since Freud pioneered the “talking cure,” psychologists of various stripes have explored how autobiographical narrative bears on self-understanding and psychic wellbeing. Recently, there has been a wave of philosophical speculation as to whether autobiographical narrative plays an essential or important role in the constitution of agentic selves. However, embodiment has received little attention from philosophers who defend some version of the narrative self. Catriona Mackenzie is an important exception to this pattern of neglect, and this paper explores Mackenzie’s work (...) on embodiment and self-narrative with the aim of better understanding the adequacy of autobiographical narrative as an account of the agentic self. I argue that Mackenzie’s narrative account of embodied subjectivity and agency is incomplete, for it over-estimates the reach of narrative and underestimates the cognitive and agentic powers of the lived body. (shrink)

Feminist studies of female genital cutting (FGC) provide ample evidence that many women exercise effective agency with respect to this practice, both as accommodators and as resisters. The influence of culture on autonomy is ambiguous: women who resist cultural mandates for FGC do not necessarily enjoy greater autonomy than do those women who accommodate the practice, yet it is clear that some social contexts are more conducive to autonomy than others. In this paper, I explore the implications for autonomy theory (...) of these understandings of the relation between culture, FGC, and women’s agency. I review the range of worldwide FGC practices – including “corrective” surgery for “ambiguous genitalia” in Western cultures as well as the various initiation rites observed in some African and Asian cultures – and the diverse cultural rationales for different forms of FGC. I argue that neither latitudinarian, value‐neutral accounts of autonomy nor restrictive, value‐saturated accounts adequately explain women’s agentic position with respect to FGC. I then analyze a number of educational programs that have enhanced women's autonomy, especially by strengthening their introspection, empathy, and imagination. Such programs, which engage women's autonomy skills without exposing them to autonomy‐disabling cultural alienation, promote autonomy‐within‐culture. This understanding of autonomy as socially situated, however, entails neither endorsement of FGC nor resignation to its persistence. (shrink)

In this paper I investigate central temporal and spatial notions in the second part of Plato’s Parmenides and argue that also these notions, and not only the metaphysical ones usually discussed in the literature, can be understood as a response to positions and problems put on the table by Parmenides and Zeno. Of the spatial notions examined in the dialogue, I look at the problems raised for possessing location and shape, while with respect to temporal notions, I focus on the (...) discussion of ‘being in time’ and exaiphnês (the latter notion will be shown to be also an important influence for Aristotle’s Physics). In displaying a paradoxical character and taking up crucial notions from Parmenides, the second part of the Parmenides seems to display some resemblance to Zeno’s paradoxes. I will show, however, that in contrast to Zeno, the second part of Plato’s Parmenides also demonstrates Parmenides’ One to be problematic on its own terms. Furthermore, the dialogue presents not only important problems that these spatial and temporal notions seem to lead us into, but also establishes some positive features necessary to think of time and space. In this way, Plato’s Parmenides can be seen as contributing to the development of temporal and spatial conceptualisations in ancient Greek thought. (shrink)

Dispositions are modal properties. The standard conception of dispositions holds that each disposition is individuated by its stimulus condition(s) and its manifestation(s), and that their modality is best captured by some conditional construction that relates stimulus to manifestation as antecedent to consequent. I propose an alternative conception of dispositions: each disposition is individuated by its manifestation alone, and its modality is closest to that of possibility — a fragile vase, for instance, is one that can break easily. The view is (...) expounded in some detail and defended against the major objections. (shrink)

Abilities are in many ways central to what being an agent means, and they are appealed to in philosophical accounts of a great many different phenomena. It is often assumed that abilities are some kind of dispositional property, but it is rarely made explicit exactly which dispositional properties are our abilities. Two recent debates provide two different answers to that question: the new dispositionalism in the debate about free will, and virtue reliabilism in epistemology. This paper argues that both answers (...) fail as general accounts of abilities, and discusses the ramifications of this result. (shrink)

O debate fomentado nos anos oitenta entre liberais e “comunitaristas” tende a contrastar radicalmente as concepções teóricas de John Rawls e Charles Taylor, sendo o primeiro o representante principal da vertente liberal e o segundo do “comunitarismo”. Ao contrário do que sustenta essa distinção, neste artigo proponho ir para além dela, a fim de defender que há convergências dos autores no que tange à discussão sobre o pluralismo. Em um primeiro momento, apresento os diagnósticos de Rawls e de Taylor quanto (...) ao fato do pluralismo nas sociedades modernas como uma característica contextual irreversível (I). Em um segundo momento, diante da tensão ética insuperável entre divergentes concepções bem, a saída mais viável caminha para a justiça. Para tanto, desenvolvo a concepção de “justiça política” de Rawls em “O Liberalismo Político” e as publicações mais recentes de Charles Taylor como em “Secularism and Freedom of Conscience”, “A Secular Age” e “Why We Need a Radical Redefinition of Secularism?”, que parecem sustentar certa “virada liberal-rawlsiana” no pensamento do autor (II). Em um terceiro momento, efetuo uma distinção entre o fato do pluralismo (razoável) e o valor do pluralismo, para finalmente concluir o artigo argumentando que tanto Rawls como Taylor tendem a defender o pluralismo como um valor político para as instituições e não como um valor moral abrangente para os indivíduos. (shrink)

It is a familiar point that many ordinary dispositions are multi-track, that is, not fully and adequately characterisable by a single conditional. In this paper, I argue that both the extent and the implications of this point have been severely underestimated. First, I provide new arguments to show that every disposition whose stimulus condition is a determinable quantity must be infinitely multi-track. Secondly, I argue that this result should incline us to move away from the standard assumption that dispositions are (...) in some way importantly linked to conditionals, as presupposed by the debate about various versions of the ‘conditional analysis’ of dispositions. I introduce an alternative conception of dispositionality, which is motivated by linguistic observations about dispositional adjectives and links dispositions to possibility instead of conditionals. I argue that, because of the multi-track nature of dispositions, the possibility-based conception of dispositions is to be preferred. (shrink)

This paper responds to the contributions by Alexander Bird, Nathan Wildman, David Yates, Jennifer McKitrick, Giacomo Giannini & Matthew Tugby, and Jennifer Wang. I react to their comments on my 2015 book Potentiality: From Dispositions to Modality, and in doing so expands on some of the arguments and ideas of the book.

My aim is to extend and complement the arguments that others have already made for the claim that women who are citizens of economically disadvantaged states and who have been trafficked into sex work in economically advantaged states should be considered candidates for asylum. Familiar arguments cite the sexual violence and forced labor that trafficked women are subjected to along with their well-founded fear of persecution if they’re repatriated. What hasn’t been considered is that reproductive rights are also at stake. (...) I explain how reproductive rights are implicated in sex trafficking. Moreover, I contend that sex traffickers’ abuse of women’s reproductive rights is persecutory and that that this persecutory abuse obliges destination states to offer asylum to transnational sex trafficking victims. I start by sketching reproductive human rights doctrine. I then examine studies of women who are in post-trafficking recovery programs in order to ascertain the impact of their past experience of forced sex work on their reproductive freedom and health. On the basis of these findings, I maintain that, among other outrages, sex trafficking systematically violates victims’ reproductive human rights. In view of this abuse, women trafficked into sex work might seem to be prime candidates for asylum in destination states. Yet, economically well-off destination states are not particularly receptive to this idea, and international law provides some justification for their chilliness. Preliminary to challenging them, I explicate four ways in which international anti-trafficking law and international refugee law interfere with viewing women trafficked into sex work as refugees and approving their applications for asylum. The second half of my paper aims to overcome those legal obstacles. In the interest of parsimony and because there are many continuities between U.S. refugee law and anti-trafficking law and the policies of similar destination states, I focus mainly on the U.S. in this part of the paper. To anchor my argument, I spotlight two precedents in refugee law for taking reproductive human rights seriously and several precedents for treating trafficked women as members of a distinct social group as required by refugee law. I then urge that a law enforcement gestalt has gained undue influence over U.S. legal practices where anti-trafficking law intersects with refugee protection law. A human rights gestalt is needed as a counterweight, for otherwise victims of sex trafficking and the reproductive abuse they’ve suffered are erased. Taking up a human rights perspective and mobilizing the precedents I’ve identified, I show that respecting the reproductive human rights of women who have been trafficked into sex work entails that affluent destination states must recognize their right to asylum. (shrink)

Williamsonian modal epistemology is characterized by two commitments: realism about modality, and anti-exceptionalism about our modal knowledge. Williamson’s own counterfactual-based modal epistemology is the best known implementation of WME, but not the only option that is available. I sketch and defend an alternative implementation which takes our knowledge of metaphysical modality to arise, not from knowledge of counterfactuals, but from our knowledge of ordinary possibility statements of the form ‘x can F’. I defend this view against a criticism indicated in (...) Williamson’s own work, and argue that it is better connected to the semantics of modal language. (shrink)

The “film as philosophy” (FAP) hypothesis turned into a field if its own right during the 2000s, after S. Mulhall’s On Film (2001). In this work, Mulhall defended that some films philosophize for themselves. This caused controversy. Around the same time of On Film’s release, B. Russell published the article “The philosophical limits of film” (2000). This article had one of the first attacks against FAP, posing some main objections based on metaphilosophical grounds, which were called the “generality” and the (...) “explicitness” objections. These objections made by Russell and by M. Smith are based on the idea that film and philosophy are too different in their purposes or ways of presentation, ideas that are grounded in implicit or explicit conceptions of philosophy. In this chapter, these will be analyzed, as well as some other metaphilosophically grounded objections, as a line of reasoning connecting to attempts of responding to them will be drawn. After doing so, it will be concluded that their metaphilosophical grounds are implausible, and, thus, they are not definite objections against FAP. (shrink)

It is often said that human rights are the rights that people possess simply in virtue of being human – that is, in virtue of their intrinsic, dignity-defining common humanity. Yet, on closer inspection the human rights landscape doesn’t look so even. Once we bring perpetrators of human rights abuse and their victims into the picture, attributions of humanity to persons become unstable. In this essay, I trace the ways in which rights discourse ascribes variable humanity to certain categories of (...) people. I set the stage for my discussion of the human in relation to human rights by examining John Locke’s account of the justification for punishment. For Locke, in committing a crime one abrogates one’s humanity and forfeits one’s rights. Likewise, I argue, human rights discourse takes a scalar view of humanity. I consider victims of genocide who are dehumanized as helpless and passive, victims of state persecution who are super-humanized as righteously agentic, and perpetrators of genocide who are dehumanized as out-of-control beasts. In each case I use relevant testimony to argue that the scalar view of humanity is factually incorrect and morally deplorable. For genocide victims, I discuss testimony that Selma Leydesdorff gathered from women who survived the Srebrenica massacre. For a victim of persecution, I discuss Liao Yiwu’s memoire of his detention and imprisonment in China because of his artwork protesting the Tiananmen Square massacre. For perpetrators of genocide, I discuss testimony Jean Hatzfeld gathered from Hutu men who systematically murdered Tutsis in the Rwandan genocide. Finally, I apply my critique of dehumanized and super-humanized victims and dehumanized perpetrators to the problem of transnational trafficking in persons and argue that the view I advocate necessitates reforming immigration policy with respect to persons trafficked into forced labor. (shrink)

According to essentialism, metaphysical modality is founded in the essences of things, where the essence of a thing is roughly akin to its real definition. According to potentialism (also known as dispositionalism), metaphysical modality is founded in the potentialities of things, where a potentiality is roughly the generalized notion of a disposition. Essentialism and potentialism have much in common, but little has been written about their relation to each other. The aim of this paper is to understand better the relations (...) between essence and potentiality, on the one hand, and between essentialism and potentialism, on the other. It is argued, first, that essence and potentiality are not duals but interestingly linked by a weaker relation dubbed ‘semi-duality’; second, that given this weaker relation, essentialism and potentialism are not natural allies but rather natural competitors; and third, that the semi-duality of essence and potentiality allows the potentialist to respond to an important explanatory challenge by using essentialist resources without thereby committing to essentialism. (shrink)

According to ecological psychology, animals perceive not just the qualities of things in their environment, but their affordances: in James Gibson’s words, ’what things furnish, for good or ill’. I propose a metaphysics for affordances that fits into a contemporary anti-Humean metaphysics of powers or potentialities. The goal is to connect two debates, one in the philosophy of perception and one in metaphysics, that stand to gain much from each other.

Dispositionalists try to provide an account of modality—possibility, necessity, and the counterfactual conditional—in terms of dispositions. But there may be a tension between dispositionalist accounts of possibility on the one hand, and of counterfactuals on the other. Dispositionalists about possibility must hold that there are no impossible dispositions, i.e., dispositions with metaphysically impossible stimulus and/or manifestation conditions; dispositionalist accounts of counterfactuals, if they allow for non-vacuous counterpossibles, require that there are such impossible dispositions. I argue, first, that there are in (...) fact no impossible dispositions; and second, that the dispositionalist can nevertheless acknowledge the non-vacuity of some counterpossibles. The strategy in the second part is one of ‘divide and conquer’ that is not confined to the dispositionalist: it consists in arguing that counterpossibles, when non-vacuous, are read epistemically and are therefore outside the purview of a dispositional account. (shrink)

This paper surveys recent "new actualist" approaches to modality that do without possible worlds and locate modality squarely in the actual world. New actualist theories include essentialism and dispositionalism about modality, each of which can come in different varieties. The commonalities and differences between these views, as well as their shared motivations, are layed out.

My aim in this paper is to sketch, with a broad brush and in bare outlines, an approach to modal epistemology that is characterized by three distinctive features. First, the approach is agency-based: it locates the roots of our modal thought and knowledge in our experience of our own agency. Second, the approach is ambitious in that it takes the experience of certain modal properties in agency to be the sole distinctive feature of specifically modal thought and knowledge; everything that (...) we know about modality beyond the experience of agency is a matter of applying standard methods of inquiry such as deduction, induction and abductive methods for choosing between theories. Third, the account holds that modal thought and knowledge is, first and foremost, about modal properties that are sufficiently like those encountered in agency. (shrink)

Generally, we confidently ascribe valuing states to ourselves. We make statements such as “I value democracy” or “I value my best friend” - our sense of who we are depends on doing so. Yet what justifies that confidence? If you were asked “Do you value philosophy, or are you just doing it for the money?”, how might you go about generating such knowledge? I will operate with the notion that valuing involves, at a minimum, a set of distinctive emotional dispositions (...) toward the valued object. Given this view of valuing, a plausible explanation stemming from Tooming and Miyazono is the following: to know whether we value, we need to predict our potential or future emotional reactions. That is, they suggest that affective forecasting is necessary to generate knowledge of valuing states. I argue that, despite its intuitive appeal, affective forecasting is not necessary. I then consider a more modest claim, namely that affective forecasting is still explanatorily powerful when it comes to self-knowledge of valuing states, as it explains the difficulty of generating such knowledge. I reject this further claim, arguing that there is a stronger available explanation: the use of theories about valuing. (shrink)

This paper explores the prospects for dispositional accounts of abilities. According to so-called new dispositionalists, an agent has the ability to Φ iff they have a disposition to Φ when trying to Φ. We show that the new dispositionalism is beset by some problems that also beset its predecessor, the conditional analysis of abilities, and bring up some further problems. We then turn to a different approach, which links abilities not to motivational states but to the notion of success, and (...) consider ways of implementing that approach. Our results suggest that there are principled disanalogies between abilities and disposition which prevent any dispositional account of abilities from succeeding. (shrink)

Modal dispositionalism is the view that possibilities are a matter of the dispositions of individual objects: it is possible that p if and only if something has a disposition for p to be the case. We raise a problem for modal dispositionalism: nothing within the theory rules out that there could be necessary, perfect masks, which make the manifestation of a disposition impossible. Unless such necessary perfect masks are ruled out, modal dispositionalism runs the risk of failing to provide a (...) sufficient condition for possibility, and indeed of engendering contradictions. But to rule them out, modal dispositionalism would have to revise a crucial tenet of the view, its localism. (shrink)

This paper argues that potential cases of oppression, such as sex trafficking, can sometimes comprise autonomous choices by the trafficked individuals. This issue still divides radical from liberal feminists, with the former wanting to ‘rescue’ the ‘victims’ and the latter insisting that there might be good reasons for ‘hiding from the rescuers.’ This article presents new arguments for the liberal approach and raises two demands: first, help organizations should be run by affected women and be open-minded about whether or not (...) the trafficked individuals should remain in the sex industry. Second, the career choices of trafficked individuals should be expanded by the introduction of an opportunity-extending right to asylum. (shrink)

Dispositionalism about modality is the view that metaphysical modality is a matter of the dispositions possessed by actual objects. In a recent paper, David Yates has raised an important worry about the formal adequacy of dispositionalism. This paper responds to Yates’s worry by developing a reply that Yates discusses briefly but dismisses as ad hoc: an appeal to a ’plenitude of powers’ including such powers as the necessarily always manifested power for 2+2\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} (...) \begin{document}$$2+2$$\end{document} to be 4. I argue that the reply is not ad hoc at all, by defending the metaphysics of dispositions that should underly it. I then argue, first, that a proper understanding of dispositions’ degrees provides us with an argument for such necessarily always manifested dispositions; second, that all the natural attempts to block that argument can be resisted without being ad hoc; and third, that pragmatic considerations explain our intuitive resistance to the ascription of necessarily always manifested dispositions. Dispositionalism can be formally adequate after all. (shrink)

In this study, I aimed to carry out a comparative analysis of the methods of conversational philosophy and sage philosophy as contributions towards overcoming the problem of methodology in African philosophy. The purpose was to show their points of convergence and probably, if possible, their point of divergence as well. I did not intend to show that the method of one is superior or inferior to the other. The objective was to provide an analysis to show that the two methods (...) are essentially the same with little variations. Thereafter, I highlighted their significance as methods of doing African philosophy and discussed their problems as well. I used the methods of analysis and hermeneutics. From the study, I concluded that conversational philosophy is an extension or a modified form of sage philosophy. The implication of this conclusion is that sage philosophy and conversational philosophy should overlap each other in research and purposes. (shrink)

In this paper I consider recent discussions within the representationalist theories of phenomenal consciousness, in particular, the discussions between first order representationalism (FOR) and higher order representationalism (HOR). I aim to show that either there is only a terminological dispute between them or, if the discussion is not simply terminological, then HOR is based on a misunderstanding of the phenomena that a theory of phenomenal consciousness should explain. First, I argue that we can defend first order representationalism from Carruthers' attacks (...) and ignore higher order thoughts in our account of phenomenal consciousness. Then I offer a diagnostic of Carruthers' misunderstanding. In the last section I consider further reasons to include mindreading abilities in an explanation of phenomenal consciousness. (shrink)

In this article we compare the experiences of women members of the board of directors of U.S. and Norwegian corporations. Based on the personal stories of two women directors from each country, we discuss similarities and differences in the role and characteristics of women corporate directors and the processes and behaviours they are involved in as directors within and outside the boardroom. We also investigate the role of gender-related dynamics in these two countries, focusing on board roles and processes, and (...) the visible and invisible board structures with which women corporate directors contend. (shrink)

In this paper I show that one of the most fruitful ways of employing paradoxes has been as a philosophical method that forces us to reconsider basic assumptions. After a brief discussion of recent understandings of the notion of paradoxes, I show that Zeno of Elea was the inventor of paradoxes in this sense, against the background of Heraclitus’ and Parmenides’ way of argumentation: in contrast to Heraclitus, Zeno’s paradoxes do not ask us to embrace a paradoxical reality; and in (...) contrast to Parmenides, Zeno shows common assumptions to be internally problematic, not just in light of Eleatic positions. (shrink)

Manley and Wasserman (2008) have provided a convincing case against analyses of dispositions in terms of one conditional, and a very interesting positive proposal that links any disposition to a ‘suitable proportion’ of a particular set of precise conditionals. I focus on their positive proposal and ask just how precise those conditionals are to be. I argue that, contrary to what Manley and Wasserman imply in their paper, they must be maximally specific, describing in their antecedents complete centred worlds. This (...) suggests a natural semantics for dispositional expressions, which I briefly explore to argue that it lacks uniformity. I end by suggesting a variation on Manley and Wasserman's view which would preserve uniformity, though at the cost of some new puzzling questions. (shrink)

Em Uma Teoria da Justiça John Rawls ao eleger como bem primário mais importante as bases sociais do autorrespeito (autoestima), aponta que a capacidade do indivíduo de reconhecer seu próprio valor moral e a legitimidade do seu plano de vida também é objeto de justiça social. Martha Nussbaum, Axel Honneth e Avishai Margalit defendem que a humilhação privaria os indivíduos de respeitarem (ou estimarem) a si mesmos. Neste artigo será salientado como cada autor, à sua maneira, salienta pontos sobre a (...) humilhação: a humilhação institucional (Avishai Margalit), a humilhação como a face pública da vergonha social (Martha Nussbaum), e por fim a humilhação como rompimento de expectativas normativas de reconhecimento (Axel Honneth). (shrink)

Philosophers have had surprisingly little to say about the concept of a victim although it is presupposed by the extensive philosophical literature on rights. Proceeding in four stages, I seek to remedy this deficiency and to offer an alternative to the two current paradigms that eliminates the Othering of victims. First, I analyze two victim paradigms that emerged in the late 20th century along with the initial iteration of the international human rights regime – the pathetic victim paradigm and the (...) heroic victim paradigm. Holocaust victims are quintessential instances of the pathetic victim paradigm. They are marked by passivity and innocence in the face of overpowering force and unspeakable humanly inflicted suffering. Aung San Suu Kyi is an exemplar of the heroic victim paradigm – prisoners of conscience, in Amnesty International’s terms. Because heroic victims face off against the repressive power of the state to fight injustice, they are by no means passive, but they must be innocent of wrongdoing – that is, they must use nonviolent means of dissent – to qualify as heroic victims. Second, I problematize the asymmetrical conceptions of innocence that underwrite the two victim paradigms. Whereas the pathetic victim paradigm identifies innocence with passivity, the heroic victim paradigm countenances agentic victims and adverts to a universalist, absolutist stance on the limits of the legitimate use of state power to ascribe innocence to heroic victims. Both conceptions of innocence are out of keeping with well established social and legal practices regarding what constitutes coercive force and innocent victimhood. Consequently, there is reason to be skeptical of the two victim paradigms. Third, I identify two kinds of human rights violations and two categories of victims that AI defends despite their failure to fit the two paradigms – women trafficked into sex work and prisoners on death row. In many cases, women forced to do sex work are not innocent girls who are ignorant of the trafficking system and who helplessly fall prey to smugglers. They are desperately poor women who for that reason are willing to take enormous risks to try to relieve their own and often their families’ deprivation and suffering. Although these women act nonviolently for irreproachable reasons, they lack the public political agendas that characterize heroic victims. Unless non-fulfillment of subsistence rights is recognized as a form of overpowering force that inflicts severe, avoidable suffering, these women do not qualify as pathetic victims either. The victim paradigms pose an even greater obstacle to recognizing that the death penalty is a human rights violation and that death row prisoners are victims. Because a jury concluded that these individuals committed heinous, violent crimes, they are excluded by the heroic victim paradigm. Only if death row prisoners can be proven (usually through DNA evidence) not to have committed the crimes for which they were convicted can these individuals qualify as pathetic victims. In the absence of any reason to believe that they are innocent and especially if they are unrepentant, they are widely regarded as brutal victimizers of others who deserve no sympathy for, let along relief from, the suffering they “brought on themselves.” Finally, I confront the Othering of victims that results from the two victim paradigms, which leads many victims to eschew the label, thereby opting out of human right discourse. I propose revisions in the victim paradigms that eliminate the real-world exclusions they sponsor as well as the Othering of victims of human rights abuses. In particular, I endorse greater attention to what people and the institutions they create do to other people, and I favor a presumption that unnecessary and severe humanly inflicted suffering is a human rights violation. Moreover, I reject the innocence criterion embedded in the two paradigms and urge that it be replaced by a burdened agency criterion. These modifications better align the concept of a victim with a realistic understanding of human subjectivity and agency and allow for a more capacious understanding of who is a bearer of human rights and under what conditions right-holders become victims of rights violations. (shrink)

In May 2021, Royal Dutch Shell was ordered by the Hague District Court to significantly reduce its CO2 emissions. This ruling is unprecedented in that it attributes the responsibility for mitigating climate change directly to a specific corporate emitter. Shell neither directly causes climate change alone nor can alleviate it by itself; therefore, what grounds this responsibility attribution? I maintain that this question can be answered via Young’s social connection model of responsibility for justice. I defend two claims: First, I (...) argue that the model explains Shell’s connection to climate change and that this relationship grounds Shell’s responsibility. Second, by identifying a way in which the social connection model could be applied to corporations in legal practice, I further develop Young’s model. I question Young’s distinction between political and legal responsibility for justice and propose that courts could mediate citizens’ actions regarding political responsibilities. (shrink)

This paper addresses two related topics: 1. The disanalogies between elective cosmetic practices and sex reassignment surgery. Why does it seem necessary for me – an aging professional woman – to ignore the blandishments of hairdressers wielding dyes and dermatologists wielding acids and scalpels? Why does it not seem equally necessary for a transgendered person to repudiate sex reassignment procedures? 2. The role of the body in identity and agency. How do phenomenological insights regarding the constitution of selfhood in relation (...) to the interplay between the body image and corporeal know-how contribute to an account of the agency of transgendered individuals? Studying several paintings by contemporary feminist artist Jenny Saville has advanced my thinking on these topics. Saville’s imagery is an invaluable aid to reflection on these issues because she uses her painterly technique, which critics often dub “virtuoso,” to represent lived human bodies. In her work, viewers encounter representations of subjectivized, agentic corporeity, as distinct from inert, objectified flesh. Moreover, her sympathetic engagement with nonconformist, devalued bodies helps to reconfigure the standard gestalts of the human body that viewers typically carry with them and thus to convert fear and/or disgust into appreciation and understanding. In this paper, I consider three of Saville’s paintings. Plan, Saville’s self-portrait as a nude female whose body has been prepped for liposuction, conveys the pathos of this procedure. Matrix is a nude portrait of self-described “gender variant visual artist” Del LaGrace Volcano. In the words of one critic Saville’s depiction of Volcano’s nude intersexed body “restores beauty to the primitive [female] genital organ.” Passage, another nude portrait of an intersexed individual, is an image of vibrant sexuality despite the presumptively jarring juxtaposition of breasts and a penis. I argue that conceiving the agentic subject as a rational deliberative capability that uses a conjoined body as the instrument of its will makes it impossible to theorize the agency of transgendered people. In contrast, when agentic subjects are understood as embodied subjects and embodiment is understood as a dimension of practical intelligence, the agency of transgendered individuals is intelligible. (shrink)

This paper explores the relation between victims’ stories and normativity. As a contribution to understanding how the stories of those who have been abused or oppressed can advance moral understanding, catalyze moral innovation, and guide social change, this paper focuses on narrative as a variegated form of representation and asks whether personal narratives of victimization play any distinctive role in human rights discourse. In view of the fact that a number of prominent students of narrative build normativity into their accounts, (...) it might seem obvious that there is a connection between victims’ stories and moral insight. However, the category of victims’ stories spans an enormous variety of texts – private diaries, memoirs written for publication, interviews with journalists or social scientists, depositions prepared by human rights workers, stories shared with like-minded activists or with support groups, stories told to medical professionals, and testimony in courts, truth commissions and asylum hearings, to mention just some of the possibilities. The different contexts of elicitation and the different rules governing expression in these sites should make us wary of ready generalizations about the nature of victims’ narratives. Moreover, I doubt that existing explications of the way in which norms figure in narratives yield satisfactory theories of the contribution victims’ stories can make to discovering and defending just policies and practices. I consider two of the most prominent accounts of the relation between narrative and normativity. For different reasons, the account Anthony Amsterdam and Jerome Bruner present in their work on narrative and law and the account Hayden White presents in his work on narrative and history fail to appreciate the capacity of victims’ stories of abuse to advance understanding of and increase respect for human rights. In defense of the value of victims’ stories, I propose an account of the relation between normativity and a salient type of victim’s narrative that seems especially resistant to integration into human rights discourse. -/- . (shrink)

Jenny Saville is a leading contemporary painter of female nudes. This paper explores her work in light of theories of gender and embodied agency. Recent work on the phenomenology of embodiment draws a distinction between the body image and the body schema. The body image is your representation of your own body, including your visual image of it and your emotional attitudes towards it. The body schema is comprised of your proprioceptive knowledge, your corporeally encoded memories, and your corporeal proficiency (...) with respect to various environments and activities. Saville is concerned with body image issues, and I discuss how she reconfigures representational practices with respect to feminine body images. However, the most exciting potential for feminist analysis of the state of the female nude derives from the concept of the body schema, for this concept endows the human body with subjectivity and agency. My key question, then, is by what pictorial means and to what extent Saville succeeds in representing agentic womanhood. I argue that interpreting Saville’s paintings from the standpoint of the body schema demonstrates the radicality of her remaking of the female nude and the rapport between her imagery and feminist values. (shrink)

Não é novidade no ambiente acadêmico as reticências da teórica crítica Nancy Fraser para com a teoria da justiça de John Rawls. Mais especificamente, sua desconfiança é que a justiça rawlsiana não seja capaz de capturar devidamente a complexidade das desigualdades sociais nas sociedades contemporâneas: seja porque sua teoria moral (da justiça) é presumidamente descolada de uma teoria social de fundo; seja porque sua teoria moral (da justiça) é considerada reducionista (ou “monista”). Porém, o espírito do presente artigo não é (...) de aprofundar suas diferenças metodológicas, mas sim colocar as bases para se pensar possíveis “semelhanças de família” entre suas concepções de justiça. Afinal, ambas as formulações se apresentam como abordagens “deontológicas”, ou seja, que priorizam o correto (o justo) sobre o bem. Na primeira seção, retorna-se ao célebre debate redistribuição e reconhecimento, onde Fraser apresenta as novas abordagens liberais – com destaque à de Rawls - como as principais representantes do paradigma redistributivo no cenário contemporâneo. Ao mergulhar nessas passagens, é possível revelar precisamente quais os pontos de concordância e discordância de Fraser para com a teoria deontológica de Rawls. Dando continuidade, na segunda seção é explorado sua principal discordância: o presumido “reducionismo” da teoria da justiça rawlsiana à dimensão redistributiva (econômica), aqui chamada de crítica do reducionismo redistributivo. Se essa objeção procede ou não é objeto da terceira e última seção. Nela, é argumentado que mesmo que as preocupações normativas de Fraser (quanto ao problema do reducionismo) sejam válidas, ainda assim, esse problema não se aplica à teoria rawlsiana. Ao contrário, é argumentado que é possível encontrar “semelhanças de família” entre as concepções de Fraser e Rawls: (a) no seu alicerce e compromisso com o pluralismo, (b) na sua investigação e defesa do status igualitário entre as pessoas e, finalmente, (c) na constatação que o ideal normativo da igualdade democrática entre as pessoas (ou paridade de participação) requer dos arranjos institucionais não somente a redistribuição de recursos e bens econômicos, como também elementos de qualidades diferentes. (shrink)

Risk communication has been generally categorized as a warning act, which is performed in order to prevent or minimize risk. On the other side, risk analysis has also underscored the role played by information in reducing uncertainty about risk. In both approaches the safety aspects related to the protection of the right to health are on focus. However, it seems that there are cases where a risk cannot possibly be avoided or uncertainty reduced, this is for instance valid for the (...) declaration of side effects associated with pharmaceutical products or when a decision about drug approval or retirement must be delivered on the available evidence. In these cases, risk communication seems to accomplish other tasks than preventing risk or reducing uncertainty. The present paper analyzes the legal instruments which have been developed in order to control and manage the risks related to drugs – such as the notion of “development risk” or “residual risk” – and relates them to different kinds of uncertainty. These are conceptualized as epistemic, ecological, metric, ethical, and stochastic, depending on their nature. By referring to this taxonomy, different functions of pharmaceutical risk communication are identified and connected with the legal tools of uncertainty management. The purpose is to distinguish the different functions of risk communication and make explicit their different legal nature and implications. (shrink)

In 2015, Fainos Mangena published an essay entitled “How Applicable is the Idea of Deep Ecology in the African Context?” where he presented a number of arguments to support his thesis that deep ecology as discussed in the West has no place in the African context. Mangena later presented a counter-version of deep ecology that he claims is based on African philosophy. In this paper, I interrogated Mangena’s arguments for rejecting deep ecology and found that they were based on certain (...) erroneous presuppositions. Further, I developed a critique of Mangena’s Shona version of deep ecology which shows it to be impractical, unappealing, and based on a misunderstanding of the true nature of the modern African environment. I employ the method of conversationalism in this work. Keywords: Deep Ecology, African Environmental Ethics, Fainos Mangena. (shrink)

Alexander Bird puts forward a modest version of anti-Humeanism about the non-fundamental, by providing an argument for the existence of a certain select class of non-fundamental but sparse dispositions: those that have an evolutionary function. I argue that his argument over-generates, so much so that the sparse–abundant distinction, and with it the tenet of his anti-Humean view, becomes obsolete. I suggest an alternative way of understanding anti-Humeanism in the non-fundamental realm, one which is not concerned with the existence of sparse (...) properties but with explanatory relations. (shrink)

É amplamente reconhecido que para mitigar a mudança climática antropogênica são necessários urgentes esforços institucionais em várias dimensões: tecnológicos, infraestruturais, mas também socioculturais. Isso significa que, para que haja a transição ecológica para uma sociedade mais verde e sustentável, um conjunto de mudanças estruturais econômicas, políticas e culturais deverão ser rearticuladas nos próximos anos. Por um lado, ao passo que é inegável que, para conter a mudança antropogênica, o uso do poder institucional deve ser usado de modo mais incisivo nas (...) mais diversas esferas que estruturam o social. Por outro lado, não fica evidentemente se as liberdades serão afetadas e, em caso positivo, como elas serão afetadas. Diante da urgência do problema, o artigo propõe normativamente explorar o conflito entre, por um lado, a exigência do uso do poder institucional para conter a mudança climática antropogênica em tempo e, por outro, a garantia pelo mais amplo esquema de liberdades políticas, econômicas e civis nas sociedades democráticas liberais. (shrink)

The creation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in 1973 has significantly altered the dynamics of trade in fauna and flora. Despite this effort, curbing of criminal trade in endangered species of wild fauna and flora has remained a key challenge for some countries. The objective of this study was to identify and establish the trafficking routes of illegal wildlife and forest products, analyzing the patterns and trends of wildlife and forest (...) crime including their drivers, actors and modus operandi, and assessing the criminal justice response including the legislative, enforcement, prosecutorial and judicial systems. The analysis was based on the methodologies and principles embedded in African environmental ethics. It was concluded that African ethics allows for ‘sustainable poaching’ under the framework of Eco-Afrocentricism; but condemns poaching done for trafficking purposes. Five canons of sustainability were developed to guide ‘sustainable poaching’. African capitalism thesis was used to support the analysis from political and economic perspectives. (shrink)

This interview was carried out on 13 December 2018 as Michael Williams was in Porto for a meeting of the Contextualism Network organised by the MLAG – Mind, Language, and Action Research Group (Institute of Philosophy of the University of Porto). We would like to thank him for his willingness to reply to our questions. -/- .

Este artigo propõe apresentar como ao longo das três gerações da Teoria Crítica – Max Horkheimer, Jünger Habermas, Axel Honneth – foi-se modificando o vocabulário acerca do que ela deveria denunciar ou expor. Segundo Horkheimer, caberia à Teoria Crítica expor as contradições sociais do sistema de sua época, já o segundo Habermas expõe as tensões inerentes às sociedades complexas e, por fim, Axel Honneth, os desenvolvimentos falhos (ou desviantes) da ideia de liberdade. Cada autor, a sua maneira,.