From 1909 onward, the Canadian suffrage debate was heavily influenced by reports on suffrage militancy from Great Britain and the United States. Militancy played an influential role in Canadian suffrage history not through its practice–there was no Canadian militant campaign–but through an ongoing discussion of its meaning. Using Anne Freadman's notions of genre and uptake, this paper analyzes the discursive uptake of suffrage militancy—from news reports on front pages, to commentary on women's pages, to reviews of Emmeline (...) Pankhurst's Canadian speaking engagements. The Canadian debate about militancy is a fertile site for drawing out the roles of genre and uptake in the political positioning of both suffragists and suffrage sceptics. Talk about militancy serves as a way to regulate the uptake of this particular genre of political action, whereby both sides tended to share the optimistic view that Canadian suffragists where not yet in need of militancy. (shrink)

I examine the legitimacy of immigration controls in the context of Canada and this country’s restrictive immigration policies. Despite the fundamental, philosophical arguments against immigration restrictions, the necessity of immigration controls is rarely questioned in Canadian politics. In this paper I suggest that there is an incredible cynicism of Canadian immigration policies with respect to this country’s own political principles. The idea of international migration controls is neither sustainable from a larger liberal- theory perspective nor a political-economy (...) viewpoint. I suggest that geographers should imagine alternatives to the current systems of immigration control and the regulation of the international movement of people. (shrink)

Canada, as one of the three Allied nations collaborating on atomic energy development during the Second World War, had an early start in applying its new knowledge and defining a new profession. Owing to postwar secrecy and distinct national aims for the field, nuclear engineering was shaped uniquely by the Canadian context. Alone among the postwar powers, Canadian exploration of atomic energy eschewed military applications; the occupation emerged within a governmental monopoly; the intellectual content of the discipline was (...) influenced by its early practitioners, administrators, scarce resources, and university niches; and a self-recognized profession coalesced later than did its American and British counterparts. This paper argues that the history of the emergence of Canadian nuclear engineers exemplifies unusually strong shaping of technical expertise by political and cultural context. (shrink)

The informal logic movement began as an attempt to develop – and teach – an alternative logic which can account for the real life arguing that surrounds us in our daily lives – in newspapers and the popular media, political and social commentary, advertising, and interpersonal exchange. The movement was rooted in research and discussion in Canada and especially at the University of Windsor, and has become a branch of argumentation theory which intersects with related traditions and approaches (notably formal (...) logic, rhetoric and dialectics in the form of pragma-dialectics). In this volume, some of the best known contributors to the movement discuss their views and the reasoning and argument which is informal logic’s subject matter. Many themes and issues are explored in a way that will fuel the continued evolution of the field. Federico Puppo adds an insightful essay which considers the origins and development of informal logic and whether informal logicians are properly described as a “school” of thought. In considering that proposition, Puppo introduces readers to a diverse range of essays, some of them previously published, others written specifically for this volume. (shrink)

This article offers a way of using the theory of audience design—how speakers position different audience groups as main addressees, overhearers, or bystanders—for written discourse. It focuses on main addressees, that is, those audience members who are expected to participate in and respond to a speaker's utterances. The text samples are articles, letters, and editorials on women's suffrage that were published between 1909 and 1912 in Canadian periodicals. In particular, the author analyzes noun phrases with which suffrage-skeptical women are (...) addressed, relying on the theory of constitutive rhetoric to highlight the interpellative force with which the audience design of this public political debate operates. (shrink)

This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and extensive (...) interviews with individuals drawn from government, agencies, and other parties, including counsel for public interest groups. This enables author, writing from her experience as a participant-observer embedded in the public interest legal sector, to draw on the experiences and perspectives of a broad range of participants in the regulatory process, including but not limited to those dealing with the regulated energy, transportation, communications, and foreign investment sectors. Legal principles identified as emergent in leading judicial decisions in administrative law are used to assess the powers and practices used in executive reviews and appeals. The author finds those powers and practices to be flawed and proposes changes. The proposed models are designed to accord with emerging legal principles and avoid flaws of the types identified in the review and appeal provisions. This work, written under contract with the Administrative Law Project of the Law Reform Commission of Canada, formed one part of a comprehensive study of administrative law at the federal level in Canada. (shrink)

One central objection to philosophical defences of liberal neutrality is that many neutrally justified laws and policies are nonetheless discriminatory as they unilaterally impose costs or confer unearned privileges on the bearers of a particular conception of the good. Call this the false neutrality objection. While liberal neutralists seldom consider this objection to be a serious allegation, and often claim that it rests on a misunderstanding, I argue that it is a serious challenge for proponents of justificatory neutrality. Indeed, a (...) careful examination of recent French and Canadian laws which impede the members of cultural minorities from freely practising their religion reveals that the state can hide its discriminatory aims by cloaking the policies it enacts in neutral language. In order to avoid the problem of false neutrality, I contend, liberal neutralists should defend a combination of neutrality of justification and neutrality of aim and operationalize neutrality of aim through a practical test that has been a defining feature of American jurisprudence on religious freedom in the last thirty years: the general applicability requirement. (shrink)

Philosophers of science now broadly agree that doing good science involves making non-epistemic value judgments. I call attention to two very different normative standards which can be used to evaluate such judgments: standards grounded in ethics and standards grounded in political philosophy. Though this distinction has not previously been highlighted, I show that the values in science literature contain arguments of each type. I conclude by explaining why this distinction is important. Seeking to determine whether some value-laden determination meets substantive (...) ethical standards is a very different endeavor from seeking to determine if it is politically legitimate. (shrink)

John Rawls claims that public reasoning is the reasoning of ‘equal citizens who as a corporate body impose rules on one another backed by sanctions of state power’. Drawing on an amended version of Michael Bratman’s theory of shared intentions, I flesh out this claim by developing the ‘civic people’ account of public reason. Citizens realize ‘full’ political autonomy as members of a civic people. Full political autonomy, though, cannot be realised by citizens in societies governed by a ‘constrained proceduralist’ (...) account of democratic self-government, or the ‘convergence’ account of public justification formulated recently by Gerald Gaus and Kevin Vallier. (shrink)

Despite the vast literature on Rawls's work, few have discussed his arguments for the value of democracy. When his arguments have been discussed, they have received staunch criticism. Some critics have charged that Rawls's arguments are not deeply democratic. Others have gone further, claiming that Rawls's arguments denigrate democracy. These criticisms are unsurprising, since Rawls's arguments, as arguments that the principle of equal basic liberty needs to include democratic liberties, are incomplete. In contrast to his trenchant remarks about core civil (...) liberties, Rawls does not say much about the inclusion of political liberties of a democratic sort – such as the right to vote – among the basic liberties. -/- In this paper, I complete some of Rawls's arguments and show that he has grounds for including political liberties, particularly those of a democratic nature, in the principle of equal basic liberty. In doing so, I make some beginning steps toward illustrating the genuinely democratic nature of Rawls's arguments. Rawls believes that a few different arguments can be given for democratic institutions and that these arguments work together to support the value of democracy. In this paper, I focus on Rawls's arguments relating to self-respect. I focus on this set of arguments because they are among the strongest of Rawls's arguments for equal political liberty and its fair value. (shrink)

Using an intersectionalist analysis, Hinther recounts efforts by Canada’s Ukrainian minority to build an ethnically distinct leftist movement. Opposed from without by both left-wing internationalists and right-wing nationalists, and hobbled from within by stubborn gender and generational inequalities, the movement finally lost its radical political momentum and so took up its allotted place in Canada’s polite multicultural mosaic. (Published in the series “Studies in Gender and History,” University of Toronto Press, 2018.).

The aim of this article is to develop an understanding-based argument for an explicitly political specification of the concept of race. It is argued that a specification of race in terms of hierarchical social positions is best equipped to guide causal reasoning about racial inequality in the public sphere. Furthermore, the article provides evidence that biological and cultural specifications of race mislead public reasoning by encouraging confusions between correlates and causes of racial inequality. The article concludes with a more general (...) case for incorporating empirical evidence about public reasoning into philosophical debates about competing specifications of the concept of race. (shrink)

The pandemic has been the most vivid agent of change that many of us have known. But it has not changed everything: plenty of the institutions, norms, and practices that sustain racial capitalism, settler colonialism, and cisheteropatriarchy have either weathered the storm of the crisis or been nourished by its effects. And yet enough has changed for us to see that the pandemic has profoundly recontextualised those structures and systems of violence, bringing us into a fresh negotiation with, for example, (...) the question of how we discuss and imagine freedom. Responding in part to this unexpected provocation, activist-scholars Robyn Maynard and Leanne Betasamosake Simpson forged a collaboration from the lockdown of 2020, corresponding by letter to create their forthcoming book, Rehearsals for Living, due to be published by Haymarket Books (US) and Knopf (Canada) in 2022. In this interview, we asked them to explain the epistolary form of the book and expand on the concept of “rehearsal”, before inviting them to reflect on a series of issues that animate our current crises: the politics of recognition; the notion of apocalypse; ways to disrupt linear temporalities; practises of reciprocity against proprietary logics; the gendered violence of state apparatuses; and worldbuilding as a method of resistance. In their expansive answers, Robyn and Leanne draw on their experiences as organisers and educators, commenting on anticolonial struggles, the Movement for Black Lives, and the rise of abolition discourse. Stressing the need to build a multiplicity of shared homespaces in the face of racial/colonial capitalism and organized abandonment, they challenge us to rethink the predicaments and possibilities of the present, enabling us to imagine futures liberated of extractivist, carceral governance – “planting more liberatory futures in the present”, as Robyn puts it. The task of sowing those seeds is a collective praxis of rewriting the narratives that constitute us, refusing to hear that nothing can change and insisting that everything must. (shrink)

The Quebec government recently (May 2021) announced that it wants to amend the Canadian constitution so that Quebec will be recognized as a nation. This is a bad idea.

In this paper, I explore how theorists might navigate a course between the twin dangers of piety and excess cynicism when thinking critically about state apologies, by focusing on two government apologies to indigenous peoples: namely, those made by the Australian and Canadian Prime Ministers in 2008. Both apologies are notable for several reasons: they were both issued by heads of government, and spoken on record within the space of government: the national parliaments of both countries. Furthermore, in each (...) case, the object of the apology – that which was apologized for – comes closer to disrupting the idea both countries have of themselves, and their image in the global political community, than any previous apologies made by either government. Perhaps as a result, both apologies were surrounded by celebration and controversy alike, and tracing their consequences – even in the short term – is a difficult business. We avoid excessive piety or cynicism, I argue, when we take several things into account. First, apologies have multiple functions: they narrate particular histories of wrongdoing, they express disavowal of that wrongdoing, and they commit to appropriate forms of repair or renewal. Second, the significance and the success of each function must be assessed contextually. Third, when turning to official political apologies, in particular, appropriate assessment of their capacity to disavow or to commit requires that consider apologies both as performance and as political action. While there remain significant questions regarding the practice of political apology – in particular, its relationship to practices of reparation, forgiveness and reconciliation – this approach can provide a framework with which to best consider them. (shrink)

The Canadian Department of Citizenship and Immigration has recently proposed to make in-person citizenship ceremonies optional. These ceremonies are oaths of allegiances: naturalizing citizens swear loyalty to King Charles and obedience to the laws of Canada. The Department of Citizenship and Immigration proposes to allow naturalizing citizens to take these oaths by checking a box online rather than by taking part in an in-person ceremony. In this commentary, I argue that Canada should go much further. It should stop forcing (...) naturalizing immigrants to swear oaths of allegiance altogether. Such oaths create an unjust inequality between naturalized and natural-born citizens: they mean the former have much weightier political obligations than the latter. (shrink)

Resentment, as it is currently understood in the philosophical literature, is individual. That is, it is anger about a moral injury done to oneself. But in some cases, resentment responds to systemic harms and injustices rather than direct moral injuries. The purpose of this paper is to move beyond individualistic conceptions of resentment to develop an account of collective resentment that better captures the character and effects of the emotion in these cases. I use the example of indigenous and settler (...) Canadians’ reciprocal resentments in response to the Indian Residential Schools and continuing political disagreements as an example of a context in which understanding collective resentment is important. (shrink)

What are we to make of the fact that world leaders, such as Canada’s Justin Trudeau, have, within the last few decades, offered official apologies for a whole host of past injustices? Scholars have largely dealt with this phenomenon as a moral question, seeing in these expressions of contrition a radical disruption of contemporary neoliberal individualism, a promise of a more humane world. Focusing on Canadian apology politics, this essay instead proposes a nonideal approach to state apologies, sidestepping (...) questions of what they ought to do and focusing instead on their actual functioning as political acts. Through a sociologically informed speech act theory and Foucault’s work on power, apology is conceptualized as a speech act with an essentially relational nature. The state, through apologizing, reaffirms the norms governing its relationship to its subjects at a moment when a past transgression threatens to destabilize this relation. From a Foucauldian point of view, the state’s power inheres in the very stability of the state–citizen relation, and we should therefore see apologies as defensive moves to protect state hegemony. In the context of Western liberal democracies, such as Canada, apologies embody, rather than challenge, the logic of neoliberal governmentality by suggesting that everything, including resentment against the state, can be managed within the current status quo. Nevertheless, total cynicism about apology politics is not warranted. In many indigenous apology campaigners’ demands for contrition we see another side of apologies: their potential to bring about change by enacting counterhegemonic relations to the state. (shrink)

With twentieth- and twenty-first-century philosophy of science’s unfolding acceptance of the nature of scientific inquiry being value-laden, the persistent worry has been that there are no means for legitimate negotiation of the social or non-epistemic values that enter into science. The rejection of the value-free ideal in science has thereby been coupled with the spectres of indiscriminate relativism and bias in scientific inquiry. I challenge this view in the context of recently expressed concerns regarding Canada's death of evidence controversy. The (...) worry, raised by Stathis Psillos, is that as constructivist accounts of science demoted the previously secure status of evidence for drawing justified conclusions in science, we were left with no rational delineation between the right and wrong values for science. The implication for the death of evidence controversy is that we may have no rational grounds for claiming that the Canadian Government is wrong to interfere with scientific enterprise. But he does offer another avenue for reaching the conclusion that the wrong social values are directing the current stifling of some sectors of Canadian science. Psillos draws from standpoint epistemologies to devise a salient defence of ‘valuing evidence’ as a universalizable social value. That is, government bodies ought to enable scientific research via adequate funding as well as political non-interference. In this paper, I counter that non-epistemic values can be rationally evaluated and that standpoint epistemology’s universalizable standpoint provides an inadequate framework for negotiating social values in science. Regarding, I draw from the evidence-based medicine debate in philosophy of medicine and from feminist empiricist investigations into the science–values relationship in order to make the argument for empirically driven value arbitration. If social values can be rationally chosen in the context of justification, then we can have grounds for charging the Canadian leadership with being ‘at war with science’. I further argue that my recommended empiricist methodology is preferable to Psillos’s search for universalizable perspectives for negotiating social values in science because the latter method permits little more than the trivial conclusion that evidence is valuable to science. (shrink)

Communities of nuclear workers have evolved in distinctive contexts. During the Manhattan Project the UK, USA and Canada collectively developed the first reactors, isotope separation plants and atomic bombs and, in the process, nurtured distinct cadres of specialist workers. Their later workplaces were often inherited from wartime facilities, or built anew at isolated locations. For a decade, nuclear specialists were segregated and cossetted to gestate practical expertise. At Oak Ridge Tennessee, for example, the informal ‘Clinch College of Nuclear Knowledge’ aimed (...) to industrialise the use of radioactive materials. ‘We were like children in a toy factory’, said its Director: ‘everyone could play the game of designing new nuclear power piles’. His counterpart at Chalk River, Ontario headed a project ‘completely Canadian in every respect’, while the head of the British project chose the remote Dounreay site in northern Scotland because of design uncertainties in the experimental breeder reactor. With the decline of secrecy during the mid-1950s, the hidden specialists lauded as ‘atomic scientists’ gradually became visible as new breeds of engineers, technologists and technicians responsible for nuclear reactors and power plants. Mutated by their different political contexts, occupational categories, labour affiliations, professional representations and popular depictions, their activities were disputed by distinct audiences. This chapter examines the changing identities of nuclear specialists and the significance of their secure sites. Shaped successively by Cold War secrecy, commercial competition and terrorist threats, nuclear energy remained out of site for wider publics and most nuclear specialists alike. The distinctive episodes reveal the changing working experiences of technical workers in late-twentieth and early twenty-first century environments. (shrink)

The volume includes topics from political philosophy and normative ethics on the one hand to philosophy of science and the philosophical underpinnings of water management policy on the other. It contains reflections on ecological nationalism, the legacy of Grey Owl, the meaning of ‘outside’ to Canadians, the paradigm shift from mechanism to ecology in our understanding of nature, the meaning of the concept of the Anthropocene, the importance of humans self-identifying as ‘earthlings’, the challenges of biodiversity protection and the status (...) of cross-bred species, how to ground the moral considerability of ecosystems, the collapse of the Newfoundland and Labrador cod fishery, and much more. It covers metaphysics, ontology, ethics, political philosophy, critical history, and environmental policy. The range of topics and frames is as diverse and challenging as the land itself. (shrink)

This chapter argues that the human right to water entails specific moral limits to commodifying water. While free-market economists have generally recognized no such limits, the famous Canadian environmental thinker Maude Barlow has claimed that the human right to water entails that no water markets should be permitted. With a Lockean conception of the human right to water, this chapter argues that both views are mistaken. If water markets prevent people from obtaining some minimal and proportional share of water, (...) by charging a prohibitively high price, or otherwise, then they put the human right to water in jeopardy and, therefore, should be blocked. (shrink)

"Wilderness" is a concept which has undergone a radical change in recent years. Owing to the scale of global destruction of the wilderness and its various ecosystems, the idea of wilderness has been transformed from its original negative sense as an Other into a matter of public concern. This as replaced the understanding of "wilderness " not only as a place but as a category closely linked with the development of buman culture. As the result of human practice and representation, (...) nature is thus also political Models and concepts of nature in the creative arts can be indicative of a certain culture's relationship with nature, as they communicate prevailing ideologies. This is particularly pertinent to concepts of nature in Canada where wilderness includes vast tracts of forests, lakes and an Arctic North, which has led to a distinctively Canadian relationship between Canadians and their natural environment. The change in the literary representations of interactions between humankind and environment in Canadian fiction - from the "double vision" resulting from the view of the wilderness both as a threatening Other and free space; to the view of threatened nature as a means of identification; and, finally, as a post-modem place of transgression and possibility - invites questions about both the semiotic threshold between nature and culture, and about the function of boundaries in the constitution of identity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:130 Feminist Studies 46, no. 1. © 2020 by Feminist Studies, Inc. Laura Bisaillon, Alana Cattapan, Annelieke Driessen, Esther van Duin, Shannon Spruit, Lorena Anton, and Nancy S. Jecker Doing Academia Differently: “I Needed Self-Help Less Than I Needed a Fair Society” A great deal of harm is being done by belief in the virtuousness of work. — Bertrand Russell, “In Praise of Idleness” We are committed to doing (...) academia in particular ways, and not in others. — Brocher Foundation Feminist Collective I had decided that becoming a university professor might be a good fit; friends and colleagues had suggested that I would be valuable to a university, so I prepared for a restructuring of my family life.1 I read Tokarczyk and Fay’s Working-Class Women in the Academy and Babcock and Laschever’s Women Don’t Ask to gather understandings of the milieu I was entering. I now see that my preparations had not shined sufficient light on the social and structural factors that organize the contemporary university.... As it turns out, the restructuring of our lives within the working conditions, priorities, and rationalities of this professional milieu triggered unanticipated and painful effects.... Had Mountz published her article “Women on the Edge” before I decided on a career migration into the university system and, had I been fortunate enough to discover it, I would have made other career choices.2 1. The authors, who describe themselves as the Brocher Foundation Feminist Collective, indicate their personal narratives in this text using italics. 2. Michelle M. Tokarczyk and Elizabeth A. Fay, eds., Working-Class Women in the Academy: Laborers in the Knowledge Factory (Amherst: University of Massachusetts Press, 1993); Linda Babcock and Sara Laschever, Women Don’t Ask: Negotiation and the Gender Divide (Princeton, NJ: Princeton University Bisaillon et al. 131 Introduction: Personal, Professional, and Political We are seven women who met at the Brocher Foundation in Hermance, Switzerland, in July 2017, where we had been selected to spend a few months as research fellows. This competitively awarded opportunity is open to persons fluent in English, from graduate students to senior scholars, with or without academic appointment, whose scholarship advances knowledge about the ethical, legal, and social implications of health and biotechnologies.3 When we found ourselves on the shores of Lake Leman with the gift of time, we began opening up to each other in unexpected, compelling ways. Whatever our vantage point in the hierarchy of the university system, we discovered that there was remarkable overlap in our experiences as women in academia. When we began writing, our authoring team was composed of two graduate students, four faculty members at the assistant professor rank, and one full professor, residing in Canada, the Netherlands, Romania, the United Kingdom, and the United States. Our plural subject position led us to underexplored and imaginative responses to broader social issues, which we share in this article as the “Brocher Foundation Feminist Collective.” We analyze our experiences from our standpoint as women health researchers laboring in the academy. Our similarities and differences were exciting entry points for discussion and analysis: we are all of eastern or western European descent. We have different countries of birth, mother tongues, ages, disciplinary training and career trajectories, relationships to chronic illness and disability, marital status, and experiences with parenthood. We bring the troubles and contradictions we experience as academics into conversation with each other. We seek to productively illustrate and emphasize that the tensions we see around us, and also feel within us, arise as a result of how the academic system is organized, produced, and sustained across time, place, and space. Press, 2003); Alison Mountz, “Women on the Edge: Workplace Stress at Universities in North America,” The Canadian Geographer 60, no. 2 (2016): 205–18. 3. We experienced this fellowship as a valuable opportunity. But we also recognized that our access to it was mediated by social, economic, or other obligations. As countries in the global north continue to tighten their national border regimes, marginalized academics, especially those from the global South, were less likely to succeed in getting a Swiss visa or securing relevant temporal and economic resources. 132 Bisaillon et al. The promise here, we posit... (shrink)

This article treats rituals of apology and reconciliation as responses to social discontent, specifically to expressions of anger and resentment. A standard account of social discontent, found both in the literature on transitional justice and in the social theory of Axel Honneth, has it that these emotional expressions are evidence of an underlying psychic need for recognition. In this framework, the appropriate response to expressions of anger and discontent is a recognitive one that includes victims of injustice in the political (...) community by showing them that they are valued members. In the aftermath of injustices, such recognitive responses are thought to include acknowledgments of victim suffering, reconciliatory gestures, and rituals of contrition. I will argue, against this narrative, that treating victim anger as evidence of an underlying need for recognition threatens to depoliticize emotional responses to injustice by treating them as symptoms of psychic injuries instead of intelligible political claims. Discussing mainly the Canadian Truth and Reconciliation process set up to deal with the history of the Indian Residential School system, I show how rituals of reconciliation and apology, in the context of settler-colonial states and neoliberal politics, serve as a biopolitical management of “bad” emotions. This will serve as a critique both of the politics of reconciliation and of social–theoretic approaches that treat expressions of discontent exclusively through a lens of recognition. Instead, I argue, in politics as well as theory, we need to engage with emotional expressions as intelligible political claims that exceed the psychic need for recognition. (shrink)

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length in (...) “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

In Canada, there are currently no guidelines at either the federal or provincial level regarding the provision of kidney transplantation services to foreign nationals (FN). Renal transplant centres have, in the past, agreed to put refugee claimants and other FNs on the renal transplant waiting list, in part, because these patients (refugee claimants) had health insurance through the Interim Federal Health Programme to cover the costs of medication and hospital care. However, severe cuts recently made to this programme have forced (...) clinicians to question whether they should continue with transplants for FNs, for financial and ethical reasons. This paper first examines different national policies (eg, in Canada, USA, France and the UK) to map the diversity of approaches regarding transplantation for FNs, and then works through different considerations commonly used to support or oppose the provision of organs to these patients: (1) the organ shortage; (2) the free-rider problem; (3) the risk of becoming a transplant destination; (4) the impact on organ donation rates; (5) physicians’ duties; (6) economic concerns; (7) vulnerability. Using a Canadian case as a focus, and generalising through a review of various national policies, we analyse the arguments for and against transplantation for FNs with a view to bringing clarity to what is a sensitive political and clinical management issue. Our aim is to help transplant centres, clinicians and ethicists reflect on the merits of possible options, and the rationales behind them. (shrink)

Using the concepts of epistemic virtue and vice as defined by José Medina, and reciprocal recognition as outlined by Glen Coulthard, I argue that the Canadian state is currently in a non-reciprocal relationship with Indigenous peoples as a result of epistemic failure on the part of the state. This failure involves a surfacelevel recognition of Indigenous peoples at the same time as the manifestation of the epistemic vices of arrogance, laziness and closed-mindedness. The epistemic injustice framework alongside a critique (...) of the politics of recognition can help shed light on what is going wrong betweenthe settler state and Indigenous peoples. Moreover, by appealing to grounded normativity, an Indigenous ethical framework, I argue that a land-based ethics of reciprocity can help us move toward reciprocal recognition and equality, if we are epistemically humble, curious and open-minded to it. (shrink)

This is an anthology that is coming out in Farsi. -/- Table of Contents (in English): -/- 1. (2021). “On a Supposed Right to Lie from Philanthropy.” The Cambridge Kant Lexicon, ed. Julian Wuerth, Cambridge: Cambridge University Press, pp. 691-695. 2. (2010). “Kant and Lying to the Murderer at the Door . . . One More Time: Kant’s Legal Philosophy and Lies to Murderers and Nazis.” The Journal of Social Philosophy, Vol. 41(4), pp. 403-421. 3. (2006). “Kant and Dependency Relations: (...) Kant on the State’s Right to Redistribute Resources to Protect the Rights of Dependents.” Dialogue – Canadian Philosophical Review, Vol. 45, pp. 257-284. 4. (2011). “A Kantian Conception of Global Justice.” Review of International Studies, Vol. 37(5), pp. 2043-2057. 5. (2010). “Kant’s Non-Absolutist Conception of Political Legitimacy: How Public Right ‘Concludes’ Private Right in ‘The Doctrine of Right.’”Kant-Studien, Vol. 3, pp. 331-351. 6. (2008). “Kant’s Non-Voluntarist Conception of Political Obligations: Why Justice Is Impossible in the State of Nature.” Kantian Review, Vol. 13(2), pp. 1-45. 7. (2021). “Kant and Arendt on Barbaric and Totalitarian Evil.” Proceedings of the Aristotelian Society, Vol. 121 (2), pp. 221-248. 8. (2020). “Kantian Care.” Caring for Liberalism: Dependency and Political Theory, ed. Asha L. Bhandary and Amy Baehr, New York: Routledge, pp. 50-74. 9. (2020). “Kant and Moral Responsibility for Animals.” Kant & Animals, ed. Lucy Allais and John Callanan, Oxford: Oxford University Press, pp. 157-175. -/- Thanks to all the original publishers of these articles for permitting them to be reprinted in translation here. Photo cover: pluspointsphere(.com). (shrink)

Robert Talisse objects that Deweyan democrats, or those who endorse John Dewey’s philosophy of democracy, cannot consistently hold that (i) “democracy is a way of life” and (ii) democracy as a way of life is compatible with pluralism, at least as contemporary political theorists define that term. What Talisse refers to as his “pluralist objection” states that Deweyan democracy resembles a thick theory of democracy, that is, a theory establishing a set of prior restraints on the values that can count (...) as legitimate within a democratic community. In this paper, it is argued that his pluralist objection succumbs to some combination of four charges. The first two sections of the paper are devoted to presentations of Talisse’s two formulations of his pluralist objection, as they appear in his essay “Can Democracy be a Way of Life?” and his book A Pragmatist Philosophy of Democracy , respectively. The four charges against the pluralist objection receive attention in the second section. In the third section, Dewey’s pluralist procedure is articulated and illustrated using a recent Canadian public policy debate, followed by some concluding remarks on the acceptability of relying on contemporary political examples of Deweyan democracy in action. (shrink)

Sport continues to be one of the primary means through which notions of Englishness and Britishness are constructed, contested, and resisted. The legacy of the role of sport in the colonial project of the British Empire, combined with more recent connections between sport and far right fascist/nationalist politics, has made the association between Britishness, Englishness, and ethnic identity(ies) particularly intriguing. In this paper, these intersections are explored through British media coverage of the Canadian‐born, British tennis player, Greg Rusedski. (...) This coverage is examined through the lens of ‘performativity,’ as articulated by Judith Butler. Through a critical application of Butler's ideas, the ways in which the media seek to recognise and normalise certain identities, while problematising and excluding others, can be more fully appreciated. Thus, it was within newspaper framings of Rusedski that hegemonic notions of White Englishness could be performed, maintained, and embedded. (shrink)

This Article argues that a particular political theory underlies the judicial interpretation of ‘equality before the law’. The Canadian Courts at the date of writing have elaborated two tests for the signification of ‘equality before the law’. The Article traces the two tests to the utilitarian political theory outlined by John Stuart Mill. The one test sets out the ‘greatest happiness of the greatest number’ or ‘social interests’ as the criterion for adjudicating equality. The second test identifies the reasonable (...) relationship of an alleged statutory classification vis-à-vis the statutory purpose. The Article offers an alternative approach based upon democratic theory. Examples of the two tests and the alternative approach are drawn from judicial constitutional interpretations in the USA and Canada. (shrink)

The ‘convergence conception’ of political liberalism has become increasingly popular in recent years. Steven Wall has shown that convergence liberals face a serious dilemma in responding to disagreement about whether laws are publicly justified. What I call the ‘conjunctive approach’ to such disagreement threatens anarchism, while the ‘non-conjunctive’ approach appears to render convergence liberalism internally inconsistent. This paper defends the non-conjunctive approach, which holds that the correct view of public justification should be followed even if some citizens do not consider (...) enacted laws to be publicly justified. My argument sheds light on the fundamental structure of convergence liberalism. (shrink)

This paper evaluates the economic effects of a politically communitarian model of family ties towards the pension crisis in developing countries. The use of a Canadian - an individualist-oriented political economic pension system - is compared to a religiously and culturally communitarian form of family care in Bangladesh, a country slowly feeling the effects of the pension crisis. The analysis concludes, based on theoretical and economic evidence, that it is not in the social or economic interest of Bangladesh or (...) similar countries to use the same policies currently being deployed by Canada and most other OECD countries. This paper is the first of its kind to apply socioeconomic costs and benefits of developed countries’ policies and apply them to the context of a developing country—keeping in mind the cultural aspect and its implications. It aims at bringing back original ethical and moral values with a social orientation that should inspire all stakeholders to ensure family self-regulation that converge toward a solid foundation of communitarian principles. (shrink)

A review, posted 11 September 2002, of Richard Vernon's book. A previous version was published in the Canadian Journal of Political Science 39, no. 4 (Dec. 2006): 975–76.

Recently, there have been attempts at offering new justifications of the Rawlsian idea of public reason. Blain Neufeld has suggested that the ideal of political autonomy justifies public reason, while R.J. Leland and Han van Wietmarschen have sought to justify the idea by appealing to the value of political community. In this paper, I show that both proposals are vulnerable to a common problem. In realistic circumstances, they will often turn into reasons to oppose, rather than support, public reason. However, (...) this counterintuitive result can be avoided if we conceive of autonomy and community differently. (shrink)

This essay focuses on the woman's page in the *Grain Growers' Guide,* edited between 1912 and 1917 by Francis Marion Beynon. I approach this material with questions that have become prominent in rhetorical studies of women's writing. How were women called forth to speak, and what were their motivations to participate in public debate? How did woman's page editors shape the conditions under which they themselves and other women could articulate their concerns? I show that suffragist editor Francis Marion Beynon (...) created situations in which she and other women could speak publicly and politically about issues such as women's suffrage. (shrink)

In the last two decades, a robust consensus has emerged among philosophers of science, whereby political, ethical, or social values must play some role in scientific inquiry, and that the ‘value-free ideal’ is thus a misguided conception of science. However, the question of how to distinguish, in a principled way, which values may legitimately influence science remains. This question, which has been dubbed the ‘new demarcation problem,’ has until recently received comparatively less attention from philosophers of science. In this paper, (...) I appeal to Rawls’s theory of justice (1971) on the basis of which I defend a Rawlsian solution to the new demarcation problem. As I argue, the Rawlsian solution places plausible constraints on which values ought to influence scientific inquiry, and, moreover, can be fruitfully applied to concrete cases to determine how the conflicting interests of stakeholders should be balanced. After considering and responding to the objection that Rawls’s theory of justice applies only to the “basic structure” of society, I compare the Rawlsian solution to some other approaches to the new demarcation problem, especially those that emphasize democratic criteria. (shrink)

Empirical work on motivated reasoning suggests that our judgments are influenced to a surprising extent by our wants, desires and preferences (Kahan 2016; Lord, Ross, and Lepper 1979; Molden and Higgins 2012; Taber and Lodge 2006). How should we evaluate the epistemic status of beliefs formed through motivated reasoning? For example, are such beliefs epistemically justified? Are they candidates for knowledge? In liberal democracies, these questions are increasingly controversial as well as politically timely (Beebe et al. 2018; Lynch forthcoming, 2018; (...) Slothuus and de Vreese 2010). And yet, the epistemological significance of motivated reasoning has been almost entirely ignored by those working in mainstream epistemology. We aim to rectify this oversight. Using politically motivated reasoning as a case study, we show how motivated reasoning gives rise to three distinct kinds of skeptical challenges. We conclude by showing how the skeptical import of motivated reasoning has some important ramifications for how we should think about the demands of intellectual humility. (shrink)

Automated Influence is the use of Artificial Intelligence to collect, integrate, and analyse people’s data in order to deliver targeted interventions that shape their behaviour. We consider three central objections against Automated Influence, focusing on privacy, exploitation, and manipulation, showing in each case how a structural version of that objection has more purchase than its interactional counterpart. By rejecting the interactional focus of “AI Ethics” in favour of a more structural, political philosophy of AI, we show that the real problem (...) with Automated Influence is the crisis of legitimacy that it precipitates. (shrink)

This paper argues for the existence of a certain type of defeater for one’s belief that P—the presence of social incentives not to share evidence against P. Such pressure makes it relatively likely that there is unpossessed evidence that would provide defeaters for P because it makes it likely that the evidence we have is a lopsided subset. This offers, I suggest, a rational reconstruction of a core strand of argument in Mill’s On Liberty. A consequence of the argument is (...) that on morally and politically laden issues in particular, a high degree of doxastic openness might be appropriate. (shrink)

The movement of people across borders is one of the most pressing issues of our time. Yet it is still unclear how migration should be regulated to be fair to the sending societies, the host societies and the individual migrant. What is at issue? Are we discussing migration from an ethical or from a political philosophical perspective, or both? Are we discussing migration from a global justice perspective or social justice perspective? Do we consider political legitimacy and democratic self-determination as (...) part of our analysis? How should we balance demands of justice in immigration compared to those of emigration? (shrink)

Two classes of arguments are often deployed by the anti-global egalitarians against attempts to universalize the demands of distributive equality. One are arguments attempting to show that global egalitarians have misconstrued the reasons for why equality matters domestically, and hence have wrongly extended these reasons to the global arena. These arguments hold that the boundary of distributive justice is effectively coextensive with the boundaries of state. The other are arguments that attempt to show that membership in political societies generates special (...) duties among members that may outweigh the demands of global egalitarianism. These arguments appeal to the ethical significance of state boundaries and membership. In my defense of global egalitarianism, I reject both the attempts to limit the boundary of justice and the attempts to give state boundaries special moral significance and priority. In particular, I will argue that the boundary of justice cannot coincide with the boundaries of states when the justice of the boundaries is at issue. (shrink)

Employers seeking to control employee behavior outside of working hours is nothing new. However, recent developments have extended efforts to control employee behavior into new areas, with new significance. Employers seek to control legal behavior by employees outside of working hours, to have significant influence over employee’s health-related behavior, and to monitor and control employee’s social media, even when this behavior has nothing to do with the workplace. In this article, I draw on the work of political theorists Jon Elster, (...) Gerald Gaus and Michael Walzer, and privacy scholars Daniel Solove and Anita Allen, to show what is wrong with this extension of employer control of employee’s outside of work behavior. I argue that there are ethical limits on the controls that employers may put on their employees’ out of work behavior, and that many of these limits should be enshrined into legal protections which would prevent employers from conditioning employment on the regulations criticized. -/- (Please note that the version of this paper on SSRN is a pre-publication version. Please cite and refer to the published version when possible.). (shrink)

I argue that legitimacy discourses serve a gatekeeping function. They give practitioners telic standards for riding herd on social practices, ensuring that minimally acceptable versions of the practice are implemented. Such a function is a necessary part of implementing formalized social practices, especially including law. This gatekeeping account shows that political philosophers have misunderstood legitimacy; it is not secondary to justice and only necessary because we cannot agree about justice. Instead, it is a necessary feature of actual human social practices, (...) which must be implemented via practitioners' discretion in changing contexts. (shrink)

Contemporary reluctance to consider any complicity between philosophy and religion has led to an inability to consider, in Hegel studies, how the revelatory agency of the Absolute necessarily complements the narrative of human reason. According to Hegel, reason alone can do no more than end in the endless limitations of actuality, in the infinite approximations of a moral summum bonum and in the ad infinitum strivings for concrete political freedom. Recognizing where revelatory agency occurs in Hegel’s Science allows us to (...) recognize the Idea’s freedom in the worldly, human expressions of art, religion and philosophy, in their philosophical study within the state University. Without such recognition, both Left and Right fields of Hegel interpretation tend to evaluate the success (or failure) of his philosophy based on inflated, unrealistic expectations of what is meant by “actuality.”. (shrink)

This article looks at the role of Hellenistic thought in the historical narratives of Martin Heidegger and Hannah Arendt. To a certain extent, both see—with G. W. F. Hegel, J. G. Droysen, and Eduard Zeller—Hellenistic and Roman philosophy as a “modernity in antiquity,” but with important differences. Heidegger is generally dismissive of Hellenistic thought and comes to see it as a decisive historical turning point at which a protomodern element of subjective willing and domination is injected into the classical heritage (...) of Plato and Aristotle. Arendt, likewise, credits Stoic philosophy with the discovery of the will as an active faculty constituting a realm of subjective freedom and autonomy. While she considers Hellenistic philosophy as essentially apolitical and world-alienated—in contrast to the inherently political and practical Roman culture—it nonetheless holds for her an important but unexploited ethical and political potential. (shrink)

A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed (...) by class interest but not therefore necessarily ideology. Capitalists have an interest in understanding the natural world (to a point) so that they can manipulate it for profit. Their survival in the marketplace often depends on their competitive success in doing so. The fact that their interventions into nature, driven by class interest, often succeed, is evidence of the reliability and truth of their natural scientific theories. -/- With social science, capitalists have a partial interest in understanding the world, so that they may maintain their class power, ideological hegemony, and a reasonably stable and self-reproducing economy. Some bourgeois social science, Marx thinks, is therefore vindicated the same way that natural science is, because of, not despite, its success in promoting the class interests that cause it. But the capitalist class, Marx thinks, also has an interest in obfuscating the truth about the social world. It would undermine the stability of capitalism, for example, for the bourgeoisie to adopt what Marx thinks to be the correct social theory, Marxism, and proclaim to the world that capitalism is exploitative and unstable. Capitalism creates a a need for ideological social theories that, driven by class interest, represent capitalism as just, natural, inevitable, and unalterable. If Marxism is correct, while these theories may further capitalist interests, they will not withstand the test of time as capitalist exploitation and instability engenders countersystemic political action. -/- How, then can we know, according to Marx, that Marxism is correct, as applied to itself? In part it is whether it succeeds in further the class interests that cause it. If workers adopt bourgeois theories and Marxism is right, they will find themselves frustrated in pursuit of goals that they have, such as improving their well-being, and if Marxism is wrong, then those theories will help them further their own goals. Similarly with Marxism: if it is right, then workers who adopt it should in the long run have more success in furthering their own goals, and if not, then not. But it is question begging to say that our confidence in the reliability of Marxism is enhanced by its successful promotion of goals that capitalists do not have but (according to Marxism) workers do. To avoid this problem it is necessary to compare the relative success of each sort of theory in promoting the interests and needs that the respective classes have independently of the theory, as well as by the usual criteria of scientific theory choice. -/- Thus the Soviet variant of Marxism was fairly decisively refuted by its failure to generate the support of its own designated constituency necessary to grow and survive. Whether the same is true of other varieties of Marxism or of capitalist social theory, it is, as Zhou En Lai said when asked whether the French Revolution had succeeded, too soon to tell, at least in any definitive way. However, and this is the point of the paper, an objective test of Marxism is possible even though Marxism says that all theory is informed by class interest. The question is whether the interests are in discovering or obfuscating the truth. The point is not limited to Marx, but applies to any self-referential social scientific theory that includes itself in its scope. -/- Keywords: ideology, self-referential theory, self-reference, reliabilism, objectivity, Marx, Marxism, sociology of science, class interest, classes, capitalism, bourgeoisie, workers, working class, social theory of knowledge, confirmation of scientific theory. (shrink)

A careful, theoretical clarification of gender roles has only recently begun in social and political philosophy. It is the aim of the following piece to reveal that an analysis of women’s traditional position - her distinctive activities, labor and surrounding sense of ‘mine’ - can not only make valuable contributions towards clarifying traditional property disputes, but may even provide elements for a new conception of ownership. By way of illustration, the article focusses on the influential work of John Rawls and (...) argues that - when Rawls’s own analysis and principles of justice are supplemented by an account of what is here called ‘reproductive labor’ - his theory in fact tends to a form of democratic socialism. Stated somewhat differently, my aim is to shift the terms of the property debate as posed by Rawls fromwithinhis own position. I hope to show that the real ownership question which now emerges is no longerwhether‘justice as fairness’ countenances a private property or socialist form of democracy, but what preciseformsuch a socialism should take. (shrink)

G. A. Cohen’s pathbreaking book, Karl Marx‘s Theory of History: A Defence (1978), prompted extensive reconsideration of historical materialism. This effort recast ongoing debates about Marx‘s theory of history by defending the view that historical materialism embodies a set of substantive claims as appropriately subject to analytical scrutiny as those of any other viable theory. Specifically, Cohen advances one central substantive claim that summarizes his reading of the “Preface” to A Contribution to the Critique of Political Economy. “History is, fundamentally, (...) the growth of productive power, and forms of society rise and fall according as they enable or impede that growth.” This premise affirms that the same set of factors that explain changes societies undergo within a given historical epoch also explain transitions between historical epochs. The theoretical account of intraepochal historical development suffices equally to cover interepochal, revolutionary change. In this paper we reject this premise and argue that even on the most plausible reconstruction of Marx’s theory of history—a reconstruction that employs, among other things, a careful ownership-based criterion of historical epochs and the use of functional explanations—Marx’s theory of history cannot explain social revolutions. -/- . (shrink)