In Explaining Attitudes, Baker argues that we should treat our everyday practices as relevant to metaphysical debates, resulting in a stance of realism with respect to intentional explanations. In this chapter I will argue that if one is going to be a practical realist about anything, it should be the self, or subject of attention. I will use research on attention combined with the stance of practical realism to argue in favor of a substantive self. That is, I will (...) present an account of the self that directs and controls attention, in line with our everyday view of the self. I will contrast this account with what I call the “illusion view,” which presents the self and its apparent causal power in the case of attention as an illusion. My account of the self will make use of several of Baker's ideas, including non-reductive materialism and broad supervenience. (shrink)

Attention has a long history in philosophy, despite its near absence in the twentieth century. This chapter provides an overview of philosophical research on attention. It begins by explaining the concept of "selection from limitation," contrasting it with the more recent "selection for action." It reviews historical texts that discuss attention, focusing on those in the Western canon whose understanding of "attention" aligns with contemporary usage. It then describes the differential treatment of attention in phenomenology and behaviorism in the last (...) century. Finally, it discusses contemporary research by topic: attention, perception, and knowledge; attention and consciousness; attention and action; and attention and the self. It includes work by Allport,Aristotle, Astell, Augustine, Bergson, Berkeley, Block, Bradley, Buddhaghosa, Campbell, Cherry, De Brigard, Dehaene and Naccache, Descartes, Dickie, Du Bois, Ganeri, Hegel, Heidegger, James, Kant, Koch and Tsuchiya, LaBerge, Locke, Mack and Rock, Malebranche, Merleau-Ponty, Mole, Montemayor and Haladjian, Neumann, Pashler, Posner, Prinz, Reid, Rensink, Reynolds and Heeger, Treisman, Watzl, Wittgenstein, Wollstonecraft, and Wu. (shrink)

Wayne Wu argues that attention is necessary for action: since action requires a solution to the ‘Many–Many Problem’, and since only attention can solve the Many–Many Problem, attention is necessary for action. We question the first of these two steps and argue that it is based on an oversimplified distinction between actions and reflexes. We argue for a more complex typology of behaviours where one important category is action that does not require a solution to the Many–Many Problem, and so (...) does not require attention. (shrink)

Mark Schroeder has argued that all reasonable forms of inconsistency of attitude consist of having the same attitude type towards a pair of inconsistent contents (A-type inconsistency). We suggest that he is mistaken in this, offering a number of intuitive examples of pairs of distinct attitudes types with consistent contents which are intuitively inconsistent (B-type inconsistency). We further argue that, despite the virtues of Schroeder's elegant A-type expressivist semantics, B-type inconsistency is in many ways the more natural choice in developing (...) an expressivist account of moral discourse. We close by showing how to adapt ordinary formality-based accounts of logicality to define a B-type account of logical inconsistency and distinguish it from both semantic and pragmatic inconsistency. In sum, we provide a roadmap of how to develop a successful B-type expressivism. (shrink)

Currently, the preferred accommodation for conscientious objection to abortion in medicine is to allow the objector to refuse to accede to the patient’s request so long as the objector refers the patient to a physician who performs abortions. The referral part of this arrangement is controversial, however. Pro-life advocates claim that referrals make objectors complicit in the performance of acts that they, the objectors, find morally offensive. McLeod argues that the referral requirement is justifiable, although not in the way that (...) people usually assume. (shrink)

Doctoral graduates in philosophy are an excellent source of information about the discipline: they are at the cutting edge of research trends, have an inside view of researchfocused departments, and their employment prospects provide early insights on the future health of the discipline. We report on the results of a survey sent to recent PhD graduates and current students, as well as data gathering efforts by Academic Placement Data and Analysis that have taken place over the past ten years. In (...) this report we especially focus on demographic representation, program ratings, academic job placement, and non-academic careers. (shrink)

In 2018 Academic Placement Data and Analysis ran a survey of doctoral students and recent graduates on the topics of diversity and inclusivity in collaboration with the Graduate Student Council and Data Task Force of the American Philosophical Association. We submitted a preliminary report in Fall 2018 that describes the origins and procedure of the survey [1]. This is our final report on the survey. We first discuss the demographic profile of our survey participants and compare it to the United (...) States general population, its doctoral students, and APA membership, finding several areas of underrepresentation (i.e. gender, race/ethnicity, socioeconomic, and veteran status). We then discuss the results of questions regarding diversity and inclusivity. We find, for instance, that participant comfort in philosophy depends on gender, sexuality, race/ethnicity, disability, and language status and that participants most often mentioned the theme of diversity when asked how philosophy could be more inclusive. Finally, we discuss the results of questions related to graduate program and placement. We find, for example, that underrepresented graduates are both less likely to recommend their graduate program to others and less likely to prefer an academic job. We close by making some recommendations for the APA and for the discipline based on our findings. (shrink)

Joseph Raz and Sergio Tenenbaum argue that the Guise of the Good thesis explains both the possibility of practical reason and its unity with theoretical reason, something Humean psychological theories may be unable to do. This paper will argue, however, that Raz and Tenenbaum face a dilemma: either the version of the Guise of the Good they offer is too strong to allow for weakness of will, or it will lose its theoretical advantage in preserving the unity of reason.

Some of the oldest and deepest questions in philosophy fall under the umbrella of consciousness and mind: What is the mind and how is it related to the body? What provides our thoughts with content? How is consciousness related to the natural world? Do we have distinctive causal powers? Analytic philosophers have made significant progress on these and related problems in the last century. Given the high volume of work on such topics, this chapter is necessarily selective. It offers major (...) touchstones but is slanted in favor of work that touches base with the sciences. The chapter starts by describing the progression of thought on the mind-body problem, from dualism and behaviorism to non-reductive materialism. It then describes the problem of intentionality, with a focus on partial solutions from Dretske and Millikan, ending with a brief discussion of 4E theories of mental content. The section on the problem of consciousness starts with the well-known knowledge and modal arguments before describing some attempted initial solutions, such as eliminative materialism and panpsychism. Finally, there is a brief section on agency and free will, which focuses on the link between free will and consciousness. (shrink)

I argue against pessimistic readings of the Buddhist tradition on which unawakened beings invariably have lives not worth living due to a preponderance of suffering (duḥkha) over well-being.

This paper addresses the likely impact on women of being denied emergency contraception (EC) by pharmacists who conscientiously refuse to provide it. A common view—defended by Elizabeth Fenton and Loren Lomasky, among others—is that these refusals inconvenience rather than harm women so long as the women can easily get EC somewhere else nearby. I argue from a feminist perspective that the refusals harm women even when they can easily get EC somewhere else nearby.

The process of adopting a child is “not for the faint of heart.” This is what we were told the first time we, as a couple, began this process. Part of the challenge lies in fulfilling the licensing requirements for adoption, which, beyond the usual home study, can include mandatory participation in parenting classes. The question naturally arises for many people who are subjected to these requirements whether they are morally justified. We tackle this question in this paper. In our (...) view, while strong reasons exist in favour of licensing adoptive parents, these reasons support the licensing not only of adoptive parents, but of all or some subset of so-called “natural” parents as well. We therefore conclude that the status quo with respect to parental licensing, according to which only adoptive parents need to be licensed, is morally unjustified. (shrink)

Deliberation often begins with the question ‘What do I want to do?’ rather than the question of what one ought to do. This paper takes that question at face value, as a question about which of one’s desires is strongest, which sometimes guides action. The paper aims to explain which properties of a desire make that desire strong, in the sense of ‘strength’ relevant to this deliberative question. Both motivational force and phenomenological intensity seem relevant to a desire’s strength; however, (...) accounting for the strength of a desire in these terms opens up significant indeterminacy about what we want. The paper argues that this indeterminacy is often resolved simply by posing the question ‘What do I want to do?’ to oneself: there is reason to believe that one’s answer will play a verdictive role, partially determining what the agent most wants. Self-reflective beliefs can play a self-fulfilling role, and surprisingly this seems to follow from basic platitudes about the belief-desire model. (shrink)

This paper comes out of a panel honoring the work of Anne Donchin (1940-2014), which took place at the 2016 Congress of the International Network on Feminist Approaches to Bioethics (FAB) in Edinburgh. My general aim is to highlight the contributions Anne made to feminist bioethics, and to feminist reproductive ethics in particular. My more specific aim, however, is to have a kind of conversation with Anne, through her work, about whether reproductive justice could demand insurance coverage for in vitro (...) fertilization. I quote liberally from Anne’s work for this purpose, but also to shower the reader with her words, reminding those of us who knew her well what a wonderful colleague she was. (shrink)

Academic Placement Data and Analysis (APDA), a project funded by the American Philosophical Association (APA) and headed by Carolyn Dicey Jennings (UC Merced), aims “to make information on academic job placement useful to prospective graduate students in philosophy.” The project has just been updated to include new data, which Professor Jennings describes in a post at New APPS. She also announces a new interactive data tool with which one can sift through and sort information. (from Daily Nous).

In 1929 when Aurel Kolnai published his essay “On Disgust” in Husserl's ]ahrbuch he could truly assert that disgust was a "sorely neglected" topic. Now, however, this situation is changing as philosophers, psychologists, and historians of culture are turning their attention not only to emotions in general but more specifically to the large and disturbing set of aversive emotions, including disgust. We here provide an account of Kolnai’s contribution to the study of the phenomenon of disgust, of his general theory (...) of emotions and of the phenomenological methodology he employed in his work. (shrink)

It is beyond doubt that the legal system established by the Nazi government in Germany between 1933-1945 represented a gross departure from the rule of law: the Nazis eradicated legal security and certainty; allowed for judicial and state arbitrariness; blocked epistemic access to what the law requires; issued unpredictable legal requirements; and so on. This introduction outlines the distorted nature of the Nazi legal system and looks at the main factors that contributed to this grave divergence.

This is a good time for such a substantial book on Buddhaghosa. His ideas may be more difficult to digest than those of contemporary authors, but Ganeri convincingly argues for their relevance. Together with Ganeri’s considerable interpretive and philosophical work, Buddhaghosa’s view helps to fill out a perspective that is popular in cognitive science, in which the self is replaced by systems. In this case, the self is replaced by systems of attention, a view that Ganeri calls ‘Attentionalism.’ In this (...) review I will focus on two aspects of the account that I find especially puzzling, with the hope that this leads to further elucidation, whether by Ganeri or others. Specifically, I will focus on the concepts of ekaggatā, or “placing,” and anatta, or “no-self,” as interpreted by Ganeri. (shrink)

In his The Meaning of Disgust, Colin McGinn employs elements of the phenomenological theory of disgust advanced by Aurel Kolnai in 1929. Kolnai’s treatment of what he calls “material” disgust and of its primary elicitors—putrefying organic matter, bodily wastes and secretions, sticky contaminants, vermin—anticipates more recent scientific treatments of this emotion as a mode of protective recoil. While Nina Strohminger charges McGinn with neglecting such scientific studies, we here attempt to show how Kolnai goes beyond experimental findings in his careful (...) description of the phenomenological differences between disgust and other emotions of forceful disapproval. (shrink)

In this paper I argue that reference to a developmental account of agency can help explain, and in cases also alter, our current practices when it comes to the non-consensual medical treatment of children. It does this through its explanation of how stages of development impact the types of interests we have.

In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...) of criminal law ought not to contain legislation of this sort. This conclusion is often based on how the abro- gation relates to the normative claim that the law ought to be predictable. In particular, it has been argued that since the law ought to be predictable, and since this type of analogy legis- lation implied, caused or contributed to the diminution of the law’s predictability, this type of legislation ought to be prohibited. In this paper, we argue that this argument is not entirely correct. While we believe that the law ought to be predictable and that there is evidence for the claim that the Nazis’ intro- duction of analogical reasoning implied, caused, or contributed to a diminution of predictability, this fact is logically too weak to ground the conclusion that necessarily a penal system ought not to contain legislation of this kind. Despite the undeniable wickedness of the Nazi penal system, this type of analogical reasoning can be made consistent with the pre- dictability of the law. We argue that consistency of this sort depends on whether the use of analogy is supplemented by certain contextual background conditions. The occurrence of these conditions blocks an inference from the fact that the law ought to be predictable to the conclusion that a penal system ought not to allow for this type of analogical reasoning. (shrink)

In Boghossian's 1997 paper, 'Analyticity' he presented an account of a prioriknowledge of basic logical principles as available by inference from knowledge of their role in determining the meaning of the logical constants by implicit definitiontogether with knowledge of the meanings so-determined that we possess through ourprivileged access to meaning. Some commentators (e.g. BonJour (1998), Glüer (2003),Jenkins (2008)) have objected that if the thesis of implicit definition on which he relieswere true, knowledge of the meaning of the constants would presuppose (...) knowledge of the very logical principles knowledge of which the account purports to explain. Aconsequence would seem to be that implicit definition is incompatible with privilegedaccess. I argue that whilst it is possible for Boghossian to defend against theseobjections the form of argument he proposes does exhibit a subtle form of questionbegging such that it exhibits a transmission of warrant-failure. (shrink)

In this essay I argue that contemporary accounts of virtue ought to incorporate methods ancient virtue ethicists used in addressing an audience whose members were interested in improving their behavior. Ancient examples of these methods, I argue, model how to represent practical rationality in ethical arguments. They show us that when we argue for virtue we ought to address common claims, refer to moral reasoning as a stepwise process, and focus on norms when making recommendations. Our own ethical arguments will (...) be improved if we do these things. To the extent that these methods are incorporated into our contemporary accounts of virtue, we will make important points of contact with the account of practical rationality that forms the very basis of the view. (shrink)

Some have argued that the possibility of faultless disagreement gives relativist semantic theories an important explanatory advantage over their absolutist and contextualist rivals. Here I combat this argument, focusing on the specific case of aesthetic discourse. My argument has two stages. First, I argue that while relativists may be able to account for the possibility of faultless aesthetic disagreement, they nevertheless face difficulty in accounting for the intuitive limits of faultless disagreement. Second, I develop a new non-relativist theory which can (...) account for the full range of data regarding faultless disagreement. This view—‘Humean Absolutism’—integrates two of Hume’s central principles from Of the Standard of Taste into a truth-conditional framework, resulting in a non-bivalent theory of aesthetic truth. I argue that Humean Absolutism can underwrite the possibility of faultless disagreement whilst retaining reasonable limits around the phenomenon. I close by relating this positive account of faultless disagreement to broader issues concerning the cognitive role of truth-value gaps. -/- *NB - this is an unpublished paper and is no longer in progress.*. (shrink)

This article examines the meaningful intervention that Gert-Jan Van der Heiden’s recent book, The Voice of Misery: A Continental Philosophy of Testimony, makes in the developing field of the philosophy of testimony. I argue that this intervention is accomplished through a phenomenological investigation into the nature of the testimonial object and of the demand that it makes upon one who bears witness. In taking such an approach, I argue, Van der Heiden initiates an ontological turn in the field of testimonial (...) theory, shifting the conversation away from a debate about the conditions in which belief in testimony is justified – a debate that has in many ways defined the field for philosophers in the Anglo-American tradition. I suggest that Van der Heiden’s account is helpful in demonstrating that, in many cases, doing justice to a testimonial object requires an epistemic-ethical attitude other than belief. The article concludes by developing a few questions for Van der Heiden based on my interpretation of his project, including to what extent his phenomenology of testimony can account for how often our receptivity to testimony depends on the default trust that we have in others by virtue of our fundamental immersion in social life. (shrink)

Some bioethicists argue that conscientious objectors in health care should have to justify themselves, just as objectors in the military do. They should have to provide reasons that explain why they should be exempt from offering the services that they find offensive. There are two versions of this view in the literature, each giving different standards of justification. We show these views are each either too permissive (i.e. would result in problematic exemptions based on conscience) or too restrictive (i.e. would (...) produce problematic denials of exemption). We then develop a middle ground position that we believe better combines respect for the conscience of healthcare professionals with concern for the duties that they owe to patients. Our claim, in short, is that insofar as objectors should have to justify themselves, they should have to do it according to the standard that we defend rather than according to the standards that others have developed. (shrink)

Volume 11, Issue 1, March 2019, Page 7-18.

The evil God challenge is an argumentative strategy that has been pursued by a number of philosophers in recent years. It is apt to be understood as a parody argument: a wholly evil, omnipotent and omniscient God is absurd, as both theists and atheists will agree. But according to the challenge, belief in evil God is about as reasonable as belief in a wholly good, omnipotent and omniscient God; the two hypotheses are roughly epistemically symmetrical. Given this symmetry, thesis belief (...) in an evil God and belief in a good God are taken to be similarly preposterous. In this paper, we argue that the challenge can be met, suggesting why the three symmetries that need to hold between evil God and good God – intrinsic, natural theology and theodicy symmetries – can all be broken. As such, we take it that the evil God challenge can be met. (shrink)

This chapter presents Gadamer’s conception of language and of its role in the process of understanding. The chapter begins by explaining what Gadamer means when he says that language is characterized by an essential “self-forgetfulness” [Selbstvergessenheit] and how this relates to his account of the fore-structure of the understanding. Next, it explains what it means to conceive of a linguistic presentation (e.g., a poem or a lecture) as a hermeneutic event and how this conceptualization is essential to Gadamer’s account of (...) understanding and of the dialectical unity between language and being. The chapter ends by considering how Gadamer’s analysis of conversation further clarifies what it means to be open to the event of language. (shrink)

This book examines the central role that language plays in understanding and human flourishing. The book begins by exploring Heidegger's idea that language is an essential element of how we dwell in the world and is, for the most part, ready-to-hand for us. With Gadamer, I then begin to explore phenomena where language is not ready-to-hand but calls for interpretation. The latter half of the book explores distinct ways in which language can become unready-to-hand for individuals (e.g., in cases of (...) trauma, depression, and social subordination) and examines the way that such situations have been analyzed by twentieth-century Continental thinkers (e.g., Blanchot, Kristeva, Derrida). (shrink)

Contextual emergence is a relatively simple but disruptive concept. It undermines the claim that emergence is necessarily a form of supervenience, often repeated by philosophers. It bucks the “false forced choice” between weak and strong emergence. It is scientifically grounded but challenges the prevailing reductive worldview in science. It has much to recommend a detailed philosophical treatment, such as this one. This book is thus a welcome treatise on a timely topic.

There are two attitudes regarding the historical situation of understanding commonly held today. On the one hand, we believe that we only achieve a real, worthwhile understanding of a topic when our thinking manages to break free from the dogmas of the past. We believe that this transcendence of the historical situation of thought is both possible and desirable. We applaud those whose thought appears to us to proceed unhinged by traditional dogmas, whether those dogmas be old habits of scientific (...) thought or traditional ideas about social life. We celebrate as epistemic heroes those who discover their own way of thinking. On the other hand, many are quick to accept as a general rule that one’s understanding is inevitably bound to one’s particular historical and cultural situation. Nobody understands things in a historical vacuum. Accordingly, we believe that there is no transcending the historicity of the understanding and thus no epistemic heroes to applaud. This chapter examines Gadamer's argument in “The Elevation of the Historicity of Understanding" (a central section in "Truth and Method") as a critique of both of these alternatives -- alternatives that can be traced back to the historical epochs of the Enlightenment and Romanticism. I argue that, for Gadamer, both of these historical models of understanding misconstrue the way that understanding is grounded in historical consciousness. (shrink)

This chapter presents a conception of understanding where understanding emerges out of the joint experience of conversation. On this conception, understanding requires more than the pre-reflective acquisition of shared social meanings – a conception of understanding historically highlighted by existential phenomenologists. Beyond this, it requires what occurs in genuine conversation, namely, that one put one’s pre-reflective social meanings at risk in the process of critical self-reflection. Drawing from the hermeneutic phenomenology of Hans-Georg Gadamer, I argue that conversation is that joint (...) experience that gives rise to such critical self-reflection and that it is conversation’s play-structure in particular that makes it a source of understanding in this sense. (shrink)

Audience segmentation is necessary in health communications to ensure equitable resource distribution. Peer crowds, which are macro-level teen subcultures, are effective psychographic segments for health communications because each crowd has unique mindsets, values, norms, and health behavior profiles. These mindsets affect behaviors, and can be used to develop targeted health communication campaigns to reach those in greatest need. Though peer crowd research is plentiful, no existing peer crowd measurement tool has been formally validated. As such, we developed and validated Virginia's (...) Mindset Lens Survey (V-MLS), a mindset-based teen peer crowd segmentation survey to support health communication efforts. Using an online convenience sample of teens (N = 1,113), we assessed convergent and discriminant validity by comparing the V-MLS against an existing, widely-used peer crowd survey (I-Base Survey®) utilizing a multi-trait multi-method matrix. (shrink)

Language is often conceived of today as providing a person with a worldview and a set of communicative norms that one accepts unambiguously. However, in his 1992 lecture, “Monolingualism of the Other,” Jacques Derrida insists that his mother tongue is for him “not a natural element, not the transparency of the ether, but an absolute habitat.” In other words, while French is an intimate part of his existence, his relationship to it is nevertheless ambiguous. Derrida claims that his situation is (...) not exceptional though, since for no person is language simply a “natural element.” In this essay, I examine first the phenomenological basis for this controversial claim, drawing from Derrida’s lecture as well as earlier explorations by Martin Heidegger to elucidate the point. Later I turn to address the ethical-political dimensions of Derrida’s claim, explaining how it serves to protest against a problematic process of consolidating power. (shrink)

An ethical theory is alienating if accepting the theory inhibits the agent from fitting participation in some normative ideal, such as some ideal of integrity, friendship, or community. Many normative ideals involve non-consequentialist behavior of some form or another. If such ideals are normatively authoritative, they constitute counterexamples to consequentialism unless their authority can be explained or explained away. We address a range of attempts to avoid such counterexamples and argue that consequentialism cannot by itself account for the normative authority (...) of all plausible such ideals. At best, consequentialism can find a more modest place in an ethical theory that includes non-consequentialist principles with their own normative authority. (shrink)

The self-interaction spin-2 approach to GR has been extremely influential in the particle physics community. Leaving no doubt regarding its heuristic value, we argue that any view of the metric field of GR as nothing but a stand-in for a self-coupling field in at spacetime runs into a dilemma: either the view is physically incomplete in so far as it requires recourse to GR after all, or it leads to an absurd multiplication of alternative viewpoints on GR rendering any understanding (...) of the metric field as nothing but a spin-2 field in at spacetime unjustified. (shrink)

Is the societal-level of analysis sufficient today to understand the values of those in the global workforce? Or are individual-level analyses more appropriate for assessing the influence of values on ethical behaviors across country workforces? Using multi-level analyses for a 48-society sample, we test the utility of both the societal-level and individual-level dimensions of collectivism and individualism values for predicting ethical behaviors of business professionals. Our values-based behavioral analysis indicates that values at the individual-level make a more significant contribution to (...) explaining variance in ethical behaviors than do values at the societal-level. Implicitly, our findings question the soundness of using societal-level values measures. Implications for international business research are discussed. (shrink)

Is the societal-level of analysis sufficient today to understand the values of those in the global workforce? Or are individual-level analyses more appropriate for assessing the influence of values on ethical behaviors across country workforces? Using multi-level analyses for a 48-society sample, we test the utility of both the societal-level and individual-level dimensions of collectivism and individualism values for predicting ethical behaviors of business professionals. Our values-based behavioral analysis indicates that values at the individual-level make a more significant contribution to (...) explaining variance in ethical behaviors than do values at the societal-level. Implicitly, our findings question the soundness of using societal-level values measures. Implications for international business research are discussed. (shrink)

In this paper, I consider Ripstein and Dan-Cohen's critiques of the 'harm principle'. Ripstein and Dan-Cohen have asserted that the harm principle should be jettisoned, because it allegedly fails to provide a rationale for criminalising certain harmless wrongs that ought to be criminalised. They argue that Kant's second formulation of the categorical imperative and his concept of 'external freedom' are better equipped for ensuring that criminalisation decisions meet the requirements of fairness. Per contra, I assert that Kant's deontological theory is (...) about identifying morally wrongful and rightful conduct: it does not tell the legislature which of those wrongs justify a criminal law response in accordance with the requirements of fairness and justice. Some wrongdoers deserve censure and the stigma that results from criminalisation, but others do not. Kant's deontological theory does not limit the scope of the criminal law merely to those wrongs that deserve a criminal law response. Fair and principled criminalisation requires more than mere wrongdoing. I assert that it is only fair to criminalise wrongs when further normative reasons can be invoked to justify the use of the criminal law as a means for deterring the unwanted conduct. While 'harm to others' is not the only normative reason that can be used to demonstrate that it is fair to criminalise a given act, it is the justification that has the greatest reach. It would not be fair to criminalise mere wrongdoing (that is, every violation of freedom: trespass to goods etc. or every violation of the categorical imperative: every false promise etc.). Nor is it possible to distinguish one violation of freedom from the next, as freedom is not measurable. Thus, murder and trespass to goods would be equally wrong and equally criminalisable in Kant's scheme. A further problem with Dan-Cohen's use of the second formulation of Kant's categorical imperative is that it aims to be an inclusive criterion for identifying conduct that is prima facie criminalisable, but this inclusive approach does not explain the wrongfulness (or in Dan-Cohen's use of the categorical imperative the criminalisableness) of harming animals. In this paper, I demonstrate that the harm principle is able to meet the challenges raised by Ripstein and Dan-Cohen. I also demonstrate that it offers superior criteria for ensuring that criminalisation decisions are fair, just and principled than is offered by Kant's deontological theory. (shrink)

The recent distribution of nude photos of a number of high profile Hong Kong celebrities has provoked intense discussion about the state of Hong Kong's obscenity and indecency laws. In this paper, I argue that Hong Kong's laws prohibiting the transfer of obscene and indecent information and images between consenting adults are both under-inclusive and over-inclusive. The Control of Obscene and Indecent Articles Ordinance is under-inclusive in that it does not adequately criminalise grave violations of privacy. It is also over-inclusive (...) because it is a blanket prohibition against the transfer by all parties (including consenting adults) of all forms of obscene and indecent materials. The laws unnecessarily violate the free expression rights of both the producer and consenting viewer of the offensive materials. The producer/publisher of such materials does not harm his or her audience as they willingly view such materials. The justification for maintaining a blanket prohibition against all transfers of such materials is invalid and utterly and totally out of touch with modern life in Hong Kong. The proponents of such laws have used Victorian positive morality considerations to justify continued criminalisation. These laws should be abrogated and replaced with a new piece of legislation that is narrowly tailored to deal with those types of offensive displays that are wrongful in a critical rather than a mere positive morality sense. Criminalisation should be limited to those offences that target children or use children in the production process, violate the rights of non-consenting adult audiences not to receive certain intimate information in certain public contexts, and violate privacy rights by publishing a person's private and intimate information without consent. If x obtains y's profoundly private information and publishes it without y's consent, then x violates y's privacy rights in a grave way. The violation in the right circumstances will justify a criminal law response rather than a mere civil law response. Similarly, if x and y copulate on a public bus they subject the captive audience to an offensive display which violates the non-consenting audience's right not to receive certain intimate information. I argue below that these types of privacy violations give the lawmaker a legitimate justification for invoking the criminal law. (shrink)

A model policy for conscientious objection in medicine.

A review of Holly Fernandez Lynch's book Conflicts of Conscience in Medicine (MIT Press, 2008).

This is the co-authored--with Carolyn Korsmeyer--Introduction to the first published feminist scholarship in The Journal of Aesthetics and Art Criticism (Volume 48, Number 4, Fall 1990). Contributors included Hilde Hein, Paul Mattick, Jr., Timothy Gould, Joanne B. Waugh, Joseph Margolis, Mary Devereaux, Noel Carroll, Flo Leibowitz, Anita Silvers, Elizabeth Ann Dobie, Renee Cox, and Ellen Handler Spitz. All essays were subsequently published in an expanded book version entitled, Feminism and Tradition in Aesthetics by Penn State Press (1995).

Combining aesthetic theory with gender analysis opens a large and diverse territory to explore. Both familiar issues in the philosophy of art and new, expanded questions about the influence of culture on imagination and identity have become subjects of feminist research. Film, literature, graphic arts, advertising, and the legacies of history all contribute to the forces that shape self-image, desire, behavior, and social role – as well as the ability to imagine possibilities for change. This issue brings together an international (...) group of scholars from several disciplines who explore gender and femininity, sexuality and its several iterations, and the politics of everyday life and culture. (shrink)

Drawing on findings from the study of prejudice and prejudice reduction, we identify a number of mechanisms through which religious communities may influence the intergroup attitudes of their members. We hypothesize that religious participation could in principle either reduce or promote prejudice with respect to any given target group. A religious community’s influence on intergroup attitudes will depend upon the specific beliefs, attitudes, and practices found within the community, as well as on interactions between the religious community and the larger (...) social environment in which it is embedded. Basing our proposals on findings from the literature on prejudice formation and prejudice reduction allows us to outline useful directions for future studies of religion and prejudice. (shrink)

There are many different oughts. There is a moral ought, a prudential ought, an epistemic ought, the legal ought, the ought of etiquette, and so on. These oughts can prescribe incompatible actions. What I morally ought to do may be different from what I self-interestedly ought to do. Philosophers have claimed that these conflicts are resolved by an authoritative ought, or by facts about what one ought to do simpliciter or all-things-considered. However, the only coherent notion of an ought simpliciter (...) has preposterous first-order normative commitments. It is more reasonable to reject the ought simpliciter in favor of the form of normative pluralism advocated in (Tiffany 2007). (shrink)