The first wave of philosophical work on global justice focused largely on the distribution of economic resources, and on the development or reformation of institutions relevant thereto. More recently, however, the horizon has broadened significantly, to also include a concern with the global spread of the right to live under reasonable legal institutions and representative forms of government (cf. “a human right to democracy”). Thus, while the first wave was focused primarily on international (non-territorial) institutions, later work has also brought (...) critical focus to bear on domestic institutions traditionally assumed to be protected by rights of state sovereignty. This naturally raises the question of whether, when, and how the international community can coercively intervene in issues falling under assumed to fall under domestic jurisdiction. Many theorists of global justice will accept, however reluctantly, that coercive means such as military force may be used (even unilaterally, if necessary) to halt a government’s mass atrocities against its civilian population (so-called “humanitarian intervention”). They are, however, for the most part firmly opposed to the use of military force as a tool to force regime change or democratic reform. I will discuss the viability of this stance along two dimensions: (i) can we draw a morally relevant distinction between humanitarian intervention and regime change policies? (ii) can we draw a morally relevant distinction between the use of military force as a policy tool and the use of other kinds of coercive measures such as economic sanctions? (shrink)

Coercion by the recipient of consent renders that consent invalid. But what about when the coercive force comes from a third party, not from the person to whom consent would be proffered? In this paper I analyze how threats from a third party affect consent. I argue that, as with other cases of coercion, we should distinguish threats that render consent invalid from threats whose force is too weak to invalidate consent and threats that are legitimate. Illegitimate (...) controlling third party threats render consent invalid just as they do in two party cases. However, knowing that the consent is invalid is not sufficient to tell the recipient of consent what she may or should do. I argue that when presented with a token of consent from someone whom she thinks is experiencing an illegitimate controlling threat, the recipient may act on that token if and only if doing so represents a reasonable joint decision for her and the victim of coercion. The appropriate action for someone faced with third party coercion therefore depends on the other options open to her and those open to the victim of coercion. (shrink)

Is the institutionalization of religious freedom through human rights jurisprudence simply a means by which the modern nation-state manufactures and regulates “religion”? Is the discourse of religious freedom principally a technology of state governance? These questions challenge the ways that scholars conceptualize the relation between states, nationalism, human rights, and religious freedom. This article forwards an approach to human rights and methodological nationalism that both counters and explores alternatives to the prevailing conceptions of human rights, nationalism, and state sovereignty in (...) the discourse on the putative impossibility—and, by some accounts, insidiousness—of religious freedom. I first explicate the interpretive and contestatory dimensions of human rights discourse concerning religious freedom. I then explore cross-cutting ambivalences within the nationalisms that states need and cultivate in effort to transmute their monopoly upon coercive force (i.e. power) into legitimated authority. I argue that these provide two dimensions in and through which state sovereignty may be opposed, criticized, held accountable, and subject to change. (shrink)

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

Hunger strikes are commonly repressed in prison and seen as disruptive, coercive, and violent. Hunger strikers and their advocates insist that incarcerated persons have a right to hunger strike, which protects them against repression and force-feeding. Physicians and medical ethicists generally ground this right in the right to refuse medical treatment; lawyers and legal scholars derive it from incarcerated persons’ free speech rights. Neither account adequately grounds the right to hunger strike because both misrepresent the hunger strike as (...) noncoercive and nonviolent. I articulate an alternative, dual account of the right to hunger strike. On the remedial argument, the right to hunger strike should be legally protected as a right to petition for redress, in light of incarcerated people’s structural vulnerability to abuse and given inadequate grievance mechanisms. The constructive argument derives the right to hunger strike from the right to resist oppression and stresses the normative permissibility of the use of coercive tactics to defend one’s liberty interests in the face of carceral oppression. -/- . (shrink)

This article argues that Bernard Williams’ Critical Theory Principle (CTP) is in tension with his realist commitments, i.e., deriving political norms from practices that are inherent to political life. The Williamsian theory of legitimate state power is based on the central importance of the distinction between political rule and domination. Further, Williams supplements the normative force of his theory with the CTP, i.e., the principle that acceptance of a justification regarding power relations ought not to be created by the (...) very same coercive power. I contend that the CTP is an epistemic criterion of reflective (un)acceptability which is not strictly connected to the question of whether people are dominated or not. I show that there are cases of non-domination that fail the epistemic requirements of the CTP. (shrink)

When are we morally obligated as a society to help the homeless, and is coercive interference justified when help is not asked for, even refused? To answer this question, we propose a comprehensive taxonomy of different types of homelessness and argue that different levels of autonomy allow for interventions with varying degrees of pressure to accept help. There are only two categories, however, where paternalism proper is allowed, be it heavily qualified. The first case is the homeless person with (...) severely diminished autonomy as a result of mental illness, and the second case is the homeless person who runs a risk of serious and imminent harm to self. In the first case, namely, that of soft paternalism, we argue that coercive intervention in the case of a refusal to accept help should be focused on the provision of housing that meets basic needs—needs that we outline in the article. In the case of imminent and severe harm to self, the case of hard paternalism, we argue that forced intervention can only be allowed if it is temporary and local, namely focused on getting someone out of harm’s way. (shrink)

I argue that contemporary liberal theory cannot give a general justification for the institution or practice of punishment, i.e., a justification that would hold across a broad range of reasonably realistic conditions. I examine the general justifications offered by three prominent contemporary liberal theorists and show how their justifications fail in light of the possibility of an alternative to punishment. I argue that, because of their common commitments regarding the nature of justification, these theorists have decisive reasons to reject punishment (...) in favor of a non-punitive alternative. I demonstrate the possibility of this alternative by means of a careful examination of the nature of punishment, isolating one essential characteristic—the aim to impose suffering—and showing how this characteristic need not guide enforcement. There is logical space for a forceful and coercive, yet non-punitive method of enforcement. This fact poses difficulties for many classical and contemporary justifications of punishment, but it poses particularly crippling problems for general liberal justifications. (shrink)

Introduction: Sexual harassment involves an assortment of coercive behaviors, including physical force, intimidation, and various forms of compulsion, including verbal harassment and forced penetration [1]. Sexual abuse can happen to both men and women. In the United Kingdom(UK), the problem of child sexual abuse (CSA) has epidemic proportions and is a global public health issue [2]. 53,874 incidents were reported under the 2012 Protection of Children from Sexual Offences Act as of 2021 [3]. to their ignorance about puberty, (...) sexuality, and fundamental human biological changes, adolescents have a very difficult time addressing their SRH demands. These underlying causes contribute to high rates of teen pregnancy, STIs, sexual assault, poor negotiating skills, forced marriage, and high fertility rates [4]. -/- Methods: The study used a quantitative technique and a descriptive cross-sectional design. Students at Jahangir Nagar University and the American International University of Bangladesh were the intended target group. Jahangir Nagar University and American International University of Bangladesh served as the study locations. The six-month trial period ran from January 2022 through June 2022. For this investigation, primary sources of data were used. The study unit was the individual student. Non-probability (purposive) sampling techniques were used for the investigation. -/- Results: The majority of survey participants (N=81) 62.2% were aged between 19 and 21 years old, and there was a statistically significant difference in age between students at public and private universities. None of our study participants suffered from any kind of sexual abuse, though they mentioned hearing about it. Regarding the view of sexual abuse, public universities 23% of those polled claimed sexual abuse as a justification for sharing inappropriate photos. At private universities, the response rate for crude jokes is 32.5%. Only the least number of public (2%) and private university (10%) students took part in sexual abuse-related awareness or training programs. Regarding the rights to receive training for prevention and safeguarding from sexual abuse, only 28% of the public and 40% of the private university students replied in affirmative. -/- Conclusion: Sexual harassment is a sensitive issue, though due to various reasons, the rate of reporting and providing justice to the victims is delayed all over the world including Bangladesh. There social, religious, and policy lacking in this context. -/- . (shrink)

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

Kant is often regarded as one of the founding fathers of modern liberal democracy. His political theory reaches its climax in the ground-breaking work, Perpetual Peace (1795), which sets out the basic framework for a world federation of states united by a system of international law. What is less well known is that two years earlier, in his Religion within the Bounds of Bare Reason (1793/1794), Kant had postulated a very different, explicitly religious path to the politics of peace: he (...) presents the idea of an “ethical community” as a necessary requirement for humanity to become “satisfactory to God”. While many recent scholars have noted the importance of Kant’s concept of the ethical community, few recognize the force of his argument that such a community is possible only if it takes the form of a church; as a result, the precise status of his proposal remains unclear and under-appreciated. He argues in Division One, Section IV, of Religion’s Third Piece that the idea of this community can become a reality only through a “church” that is characterized by four rational requirements: unity, integrity, freedom, and the changeability of all church rules except these four unchangeable marks. Prior to Section IV, Division One portrays this ethical community as having a political form, yet an essentially nonpolitical matter. He compares it with Jewish theocracy, but observes that the latter failed to be an ethical commonwealth because it was explicitly political. Whereas traditional theocracy replaces the political state of nature (which conforms to the law, “might makes right”) with an ethical state of nature (which conforms to the law that I call, “should makes good”), or attempts to synthesize them, non-coercive theocracy transcends this distinction through a new perspective: it unites humanity in a common vision of a divine legislator whose only law is inward, binding church members together like families, through the law of love. Whereas the legal rights supported by democracy and a system of international law can go a long way to prepare for world peace, Kant’s conviction is that it will be ultimately impossible without support from healthy religion. (shrink)

In Kant’s “Doctrine of Right” there is a philosophical and interpretive puzzle surrounding the translation of a key concept: Gewalt. Should we translate it as “force,” “power,” or “violence”? This raises both general questions in Kant’s legal-political philosophy as well as puzzles regarding Kant’s definitions of “barbarism,” “anarchy,” “despotism,” and “republic” as the four possible political conditions. First, I argue that we have good textual reasons for translating Gewalt as “violence”—a translation which has the advantage that it answers these (...) questions and puzzles convincingly. Translating Gewalt as “violence” has two further, somewhat surprising advantages. It allows us to explain how human beings can be caught in situations with no morally good ways out, and it gives us an ideal Kantian refutation of the death penalty. I then explore Kant’s account of the establishment of public authorities by means of an analogy between the birth and development of a natural person (a human being) and an artificial one (a state). This analogy helps to clarify the difference between the necessary coercive element involved in ideally establishing a state and the likely violence involved in actually establishing one. The third and final section uses the ideas of barbarism, anarchy, despotism, and republic to identify four different types of political forces operating at any given time in actual historical societies. Once we use Kant’s theory to improve our understanding of the various challenges our historical societies present, we also realize the importance and usefulness of philosophical precision when we translate Gewalt as “violence” and correctly define barbarism, anarchy, despotism, and republic. (shrink)

This thesis problematises the bases of soft power, that is, causal mechanisms connecting the agent (A) and the subject (B) of a power relationship. As the literature review reveals, their underspecification by neoliberal IR scholars, the leading proponents of the soft power concept, has caused a great deal of scholarly confusion over such questions as how to clearly differentiate between hard and soft power, how attraction (soft power’s primary mechanism) works and what roles structural and relational forces play in hard/soft (...) power. In an effort to ascertain the bases, I address this issue not from the viewpoint of A’s policies or resources, like do IR neoliberal scholars, but in terms of B’s psychological perception of A. Employing social psychological accounts, I argue that attraction can be produced in three distinct ways, namely 1) through B’s identification with A (“emotional” attraction), 2) via B’s appreciation of A’s competence/knowledge in a particular field (“rational” attraction) and 3) by means of the activation of B’s internalised values which contextually prescribe B to act in A’s favour (“social” attraction). Importantly, depending upon the way attraction is produced, it is peculiar in a number of characteristics, the main of which are power scope, weight and durability. Insights from social psychology also show that unlike soft power, hard power requires not only B’s relevant perception of the A-B relationship (as coercive or rewarding), but also A’s capability to actualise a threat of punishment and/or a promise of reward. I argue this difference can be fairly treated as definitional rather than empirical, which implies that coercion and reward necessarily have both relational and structural dimensions, whereas for attraction, a structural one alone suffices, while a relational one may or may not be present. Having explicated the soft power bases, I illustrate each of them using three “most likely” case studies, namely Serbia’s policies towards Russia (emotional attraction), Kazakhstan’s approach to relations with the EU (rational attraction) and Germany’s policies vis-à-vis Israel (social attraction). (shrink)

By exercising their (imperfect) capacity to discriminate, people try to recognize and to understand some important differences between things that make them prefer some things to other. In this article I will use my ability to discriminate between people and societies according to a principle which plays the role of attractor, both at individual and societal levels, namely the principle of peaceable conduct. This principle allows us to discriminate at the civic level between the people who have a civilized conduct (...) and those who manifest an aggressive conduct. The category of civilized people includes individuals who (a) respect the life and bodily integrity of their fellows, (b) practice self-control, not control over others and (c) do not claim, through coercive means, the goods that their fellows have obtained by making free and peaceful use of their own faculties and capabilities. The category of aggressive people reunites (a) murderers (those who endanger the lives of their fellow), (b) tyrants (those who beslave their fellows by taking control of some of their faculties) and (c) thieves (those who claim the goods of their fellows without their consent). The civilized conduct requires high standards of action of the people who embrace it and, implicitly, considerable physical and psychical costs. The primary impulses originating in our lower Self blatantly contradict the respect for life, liberty and property of our fellows, so that it seems impossible for them to be controlled only by personal effort. Therefore, it is vital that the energy allotted to peaceable conduct by our higher Self be superior to the energy which it spontaneously mobilizes in support of the primary impulses of our lower Self. This can be achieved by feeding the people with the social energy of certain social emotions in the process of internalizing the norms of peaceable conduct. Among these emotions, contempt and shame, respectively anger and guilt stand out through the predominance of the moral dimension and force of shaping human conduct. They underlie two different moral systems – “shame morality”, and “guilt morality” respectively – that support our peaceable conduct and, ipso facto, our civilized life. (shrink)

Hayek’s The Road to Serfdom has been interpreted as a general warning against state intervention in the economy.1 We review this argument in conjunction with Hayek’s later work and discern an institutional thesis about which forms of state intervention and economic institutions could threaten personal and political freedom. Economic institutions pose a threat if they allow for coercive interventions, as described by Hayek in The Constitution of Liberty: by giving someone the power to force others to serve one’s (...) will by threatening to inflict harm, in the absence of general rules of conduct. According to the logic of the argument, welfare-state provisions are not coercive insofar as they do not allow the identification and discriminatory treatment of individuals. By contrast, we claim that a structure of coercion is likely to emerge from the command-and-control nature of protectionist institutions and immigration restrictions currently advocated by the radical right. (shrink)

This thesis focuses on Carl Schmitt’s political theory of the strong state and the way his own concept of the political justifies strong coercive methods to de-politicise the economy. According to Schmitt, the strong state should have the legitimate capacity to counter democratisation of the economy and limit the possibility of social movements from “confounding” (Verwirrung) or “confusing” (Vermischung) the state and economy. Unlike many, who argue that Schmitt was in this extent (an economic) liberal, as he sought to (...) uphold a distinction between politics and economy, I argue that behind Schmitt’s institutional distinction between state and economy lies an explicitly anti-liberal conceptual distinction between the political and social. It is the task of this conceptual distinction to justify strong coercive means to counter socialist demands for economic justice. The distinction is anti-socialist or anti-democratic as it tries limit the “uncontrollable” expansion of the state into the economy by establishing the autonomy of the political from the economy. This enables him to accuse democratic forces of illegitimately “politicising” the economy in a way that contradicts this necessary autonomy. On the other hand, the distinction is anti-liberal as it does not argue for the autonomy of the economy, but its relative dependence on the strong state to uphold social order necessary for capitalist system of production. I have decided to use the term “authoritarian distinction” to define Schmitt’s conceptual distinction and its normative implications. The authoritarian distinction between the political and social is not simply a conceptual distinction but it establishes a normative basis for re-organising the relationship between the state and economy. In order to flesh out the specific nature of Schmitt’s authoritarian distinction, I have connected his thought with other theories of sovereignty and how they support the state’s authoritarian relationship with the economy. The thesis has three objectives. First, I want to develop a form of analysis of Schmitt’s work that connects his theoretical work with political struggle. To engage in political theory and conceptual work means to take part in politics. The concept of the political is no different, and it cannot be detached from political and normative entailments as it seeks to transform the way we perceive politics. In contrast to those who argue that Schmitt’s work on the concept of the political can be abstracted from his own political objectives, I analyse his conceptual work in tandem with his texts that explicitly engage in the politics of his time. On the basis of this analysis, I show that Schmitt’s abstract work takes part in the class struggle that was prevalent in the Weimar Republic. The conceptual distinction between the political and social is at the heart of his attempt to authorise exceptional measures to counter the labour movement of his time. Second, it is far too often that all distinction of the state and economy are reduced to analyses of liberalism. This has meant that Schmitt, too, has been claimed to adhere to a version of liberalism simply because his theory justifies limiting the politicisation of the economy. To me it seems that the focus on the liberal side of de-politicisation has produced a very one-sided narrative. In order to argue this, I discuss to an extent other theorists of sovereignty, namely Hobbes and Rousseau, and point out that even they sought to establish a distinction between the state and economy in a way that contradicts liberalism but still leaves capitalist means of production intact. To reduce Hobbes or Schmitt to a role of a precursor to liberalism means to look aside the specific nature of their theory – and, for that matter, the specificity of liberalism. Furthermore, I discuss to an extent how both liberals and these various theories of sovereignty are similar in so far as they accept the modern development of the economy as its separate sphere from politics. Third, I want to criticise the recent attempts to appropriate Schmitt’s concept of the political on the left. Many have argued that Schmitt’s concept of the political as autonomous to the social is useful in overcoming traditional Marxism and use for radicalising democracy. However, my thesis suggests that this strategy needs to be problematised, as Schmitt’s conceptual distinction cannot be separated from his anti-democratic and -socialist economic policies. In the future, I hope to further explore this need to re-think the relationship between the political and social, and whether or not we should return to a more standard Marxist understanding of this relationship. (shrink)

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

This paper attempts to do the following things. First, it reinterprets the notion of «mind engineering» from a more neutral standpoint and offers a totally new approach to the phenomenon. Thus, instead of looking at the phenomenon from a wholly negative perspective (such as identification of mind engineering with «brainwashing», «mind control» and other coercive and manipulatory techniques), it defines mind engineering as the process of «design/redesign, implementation/reimplementation, evaluation/reevaluation of minds». In itself, this process can be deliberate or forceful. (...) Here, the author looks at deliberate mind engineering primarily. Secondly, the «mind» is defined as a set of beliefs, and the latter, following Charles Peirce, is interpreted as the set of habits. The phenomenon of habit is interpreted pragmatically-hermeneutically and is defined as a «‘fixed’ functional interpretation of the world and one’s place in it that either works or does not work». If a specific interpretation constantly works, it constitutes a «good» habit. If it does not work, it means a «bad» habit. Unlike the current social-psychological approaches to habit as goal-independent and automatic, and therefore «mindless»/non-cognitive, the author claims that habits are essentially goal-dependent, and cognitive. The habit’s main goal is to resolve the problematic situation that the organism is in. Habit’s cognitive element is grounded in the organism’s interpretive effort that allows it to specify a problematic situation as problematic. Therefore, the connection between the organism and a situation is not direct/immediate but rather is mediated via functional interpretive meaning. In the end, mind engineering must be taken as «habit engineering», and, thus understood, the phenomenon in question can be seen as one of the key phenomena to clarify human nature. (shrink)

Thaler and Sunstein advocate 'libertarian paternalism'. A libertarian paternalist changes the conditions under which people act so that their cognitive biases lead them to choose what is best for themselves. Although libertarian paternalism manipulates people, Thaler and Sunstein say that it respects their autonomy by preserving the possibility of choice. Conly argues that libertarian paternalism does not go far enough, since there is no compelling reason why we should allow people the opportunity to choose to bring disaster upon themselves if (...) sometimes they will make the wrong decision. She defends 'coercive paternalism'. The present paper argues that errors in reasoning are not due only to cognitive biases. People also make errors because they have an insufficient level of general intelligence. Intelligence is distributed on a continuum. Those who fall on higher levels of the continuum have greater abilities, in certain contexts, to reason about both their own and others' interests. Coercive paternalism may sometimes be appropriate to prevent less intelligent people from engaging in self-destructive behavior due to errors of reasoning. (shrink)

This paper is a critique of coercive theories of meaning, that is, theories (or criteria) of meaning designed to do down ones opponents by representing their views as meaningless or unintelligible. Many philosophers from Hobbes through Berkeley and Hume to the pragmatists, the logical positivists and (above all) Wittgenstein have devised such theories and criteria in order to discredit their opponents. I argue 1) that such theories and criteria are morally obnoxious, a) because they smack of the totalitarian linguistic (...) tactics of the Party in Orwell’s 1984 and b) because they dehumanize the opposition by portraying them as mere spouters of gibberish; 2) that they are profoundly illiberal since if true, they would undermine Mill’s arguments for free speech; 3) that such theories are prone to self-contradiction, pragmatic and otherwise; 4) that they often turn against their creators including what they were meant to exclude and excluding what they were meant to include; 5) that such theories are susceptible to a modus tollens pioneered by Richard Price in his Review Concerning the Principle Questions of Morals(1758); and 6) that such theories are prima facie false since they fail to ‘predict’ the data that is it their business to explain (or, in the case of criteria, fail to capture the concept that they allegedly represent). The butcher’s bill is quite considerable: some of Hobbes, a fair bit of Locke, half of Berkeley, large chunks of Hume, Russell's Theory of Types, verificationism in its positivist and Dummettian variants, much of pragmatism and most of Wittgenstein - all these have to be sacrificed if we are to save our souls as philosophic liberals. (shrink)

The world's political and military leaders are under increasing pressure to intervene in the affairs of sovereign nations. Although the sovereignty of states and the corollary principle of nonintervention have been part of the foundation of international law, there is some latitude for states, as well as collective security organizations, to intervene in another state's domestic and foreign affairs, thus making sovereignty and the principle less than absolute. In this paper I first sketch a reasonable foundation for sovereignty of states (...) and the principle of nonintervention. Second, I offer a decision-making procedure for justified intervention. Finally, I argue that there is an important difference between the strategic argument and the humanitarian argument, a difference that may have profound implications for the future use of the latter argument by our political leaders. (shrink)

Volume 19, Issue 9, September 2019, Page 64-66.

In this paper I propose three steps to overcome the force-content dichotomy and dispel the Frege point. First, we should ascribe content to force indicators. Through basic assertoric and directive force indicators such as intonation, word order and mood, a subject presents its position of theoretical or practical knowledge of a state of affairs as a fact, as something that is the case, or as a goal, as something to do. Force indicators do not operate on (...) truth- or satisfaction evaluable entities as on the traditional view, but complete and unify them. Second, higher-level acts such as interrogative, logical and fictional acts create higher-level unities that may suspend commitment to the assertions and directions they operate on. But they do not cancel their force, but transfer the meaning of force indicators into the new unities they create. For example, in the context of asking a theoretical or practical question, the assertoric or directive force indicator now presents the kind of knowledge the subject is seeking. Third, the Frege point conflates different varieties of force. We neither need Frege’s assertion sign, nor Hare’s neustic, nor Hanks’s cancellation sign, but only ordinary force indicators and interrogative, logical and fictional markers. Propositions are not forceless contents to which a subject commits by forceful acts, but forceful acts put forward by higher-level acts which may suspend commitment to them. (shrink)

A central area of current philosophical debate in the foundations of mathematics concerns whether or not there is a single, maximal, universe of set theory. Universists maintain that there is such a universe, while Multiversists argue that there are many universes, no one of which is ontologically privileged. Often forcing constructions that add subsets to models are cited as evidence in favour of the latter. This paper informs this debate by analysing ways the Universist might interpret this discourse that seems (...) to necessitate the addition of subsets to V. We argue that despite the prima facie incoherence of such talk for the Universist, she nonetheless has reason to try and provide interpretation of this discourse. We analyse extant interpretations of such talk, and analyse various tradeoffs in naturality that might be made. We conclude that the Universist has promising options for interpreting different forcing constructions. (shrink)

In this paper I consider fairness of blaming a wrongdoer. In particular, I consider the claim that blaming a wrongdoer can be unfair because blame has a certain characteristic force, a force which is not fairly imposed upon the wrongdoer unless certain conditions are met--unless, e.g., the wrongdoer could have done otherwise, or unless she is someone capable of having done right, or unless she is able to control her behavior by the light of moral reasons. While agreeing (...) that blame has a characteristic force, I am skeptical of this charge of unfairness. My skepticism concerns itself less with the particular conditions of fairness proposed than with the idea that blame can be rendered unfair by its characteristic force. If to blame a person were simply to perform certain intentional actions, then, as we will see, blame could be rendered unfair by its force. But to blame a person is not just to act in certain ways. It is, at least in large part, to make certain judgments or adopt certain attitudes. However, it is unclear how these attitudes or judgments carry "force"? and also unclear whether they can be rendered unfair by their force. Examining these issues, I will suggest that much of the force of blame is found in a set of judgments--most centrally, the judgment that one person failed to show proper regard for others. But, I will argue, once it is granted that such judgments are true, their characteristic force cannot render them unfair. (shrink)

Consider the opening sentence of Tolkien’s The Hobbit: In a hole in the ground there lived a hobbit. By writing this sentence, Tolkien is making a fictional statement. There are two influential views of the nature of such statements. On the pretense view, fictional discourse amounts to pretend assertions. Since the author is not really asserting, but merely pretending, a statement such as Tolkien’s is devoid of illocutionary force altogether. By contrast, on the alternative make-believe view, fictional discourse prescribes (...) that the reader make-believe the content of the statement. In this paper, we argue that neither of these views is satisfactory. They both fail to distinguish the linguistic act of creating the fiction, for instance Tolkien writing the sentence above, from the linguistic act of reciting it, such as reading The Hobbit out loud for your children. As an alternative to these views, we propose that the essential feature of the author’s speech act is its productive character, that it makes some state of affairs obtain in the fiction. Tolkien’s statement, we argue, has the illocutionary force of a declaration. (shrink)

Newton’s First Law of Motion is typically understood to govern only the motion of force-free bodies. This paper argues on textual and conceptual grounds that it is in fact a stronger, more general principle. The First Law limits the extent to which any body can change its state of motion –– even if that body is subject to impressed forces. The misunderstanding can be traced back to an error in the first English translation of Newton’s Principia, which was published (...) a few years after Newton’s death. (shrink)

This paper argues that liberal states are wrong to forcibly separate through deportation the unauthorized immigrant parents of member children and that states must therefore regularize such unauthorized immigrants. While most arguments for regularization focus on how deportation wrongs the unauthorized immigrants themselves, I ground my argument in how deportation wrongs the state’s members, namely the unauthorized immigrants’ member children. Specifically, forced separation through deportation wrongs affected children by violating a basic right to sustain the intimate relationships with their parents (...) on which they rely for their development into fully autonomous agents. (shrink)

Rohingya refugee children in Bangladesh are forced into labour both inside and outside the camps for a wide range of reasons. This article examines this situation in relation to the access to education for those children living in the camps in Cox’s Bazar. Being informed by several perspectives concerning child labour and access to schooling in developing country contexts, this research work has adopted a qualitative approach to study various factors working behind this pressing issue. After collecting data by means (...) of qualitative methods, including non-participant observations and semi-structured interviews, the researcher has analyzed the findings with these informed perspectives. Results show that lack of formal identity, limited access to the formal labour market, absence of social sanctions against child employment, lack of aspirations, household composition, and substandard living conditions are some of the key factors that drive children to engage in various forms of labour, especially outside the camps. They often work in small workshops as labourers and in the host community households as domestic workers. Undocumented children are also reported to become victims of bonded labour, sex trade, and trafficking in the region. The author argues that a lack of formal education has compounded this issue into a severe humanitarian crisis which calls for immediate support and actions from local and international agencies. (shrink)

This paper argues that to account for group speech acts, we should adopt a representationalist account of mode / force. Individual and collective subjects do not only represent what they e.g. assert or order. By asserting or ordering they also indicate their theoretical or practical positions towards what they assert or order. The ‘Frege point’ cannot establish the received dichotomy of force and propositional content. On the contrary, only the representationalist account allows a satisfactory response to it. It (...) also allows us to give a more satisfactory analysis of the speech act of inviting a joint commitment and to answer two important questions Bernhard Schmid has raised about group speech acts, namely whether there are 1st person plural forms of Moore’s paradox and of 1st person authority. (shrink)

Can a basic sensory property like a bare colour or tone be beautiful? Some, like Kant, say no. But Heidegger suggests, plausibly, that colours ‘glow’ and tones ‘sing’ in artworks. These claims can be productively synthesized: ‘glowing’ colours are not beautiful; but they are sensory forces—not mere ‘matter’, contra Kant—with real aesthetic impact. To the extent that it inheres in sensible properties, beauty is plausibly restricted to structures of sensory force. Kant correspondingly misrepresents the relation of beautiful wholes to (...) their parts. Beautiful form is not extrinsic to sensory force. Sensible beauty is just the holistic impact of agonistically-interacting sensory forces. When sensory forces interact hierarchically, their collective impact is closer to the sublime, in quality if not degree. The simplest sensory experience of sublimity is just the impact of radically intensified sensory forces, similar in kind if not degree to the individual ‘singing’ tones in a beautiful melody. (shrink)

This paper will address the moral implications of non-coercive interrogations in intelligence contexts. U.S. Army and CIA interrogation manuals define non-coercive interrogation as interrogation which avoids the use of physical pressure, relying instead on oral gambits. These methods, including some that involve deceit and emotional manipulation, would be mostly familiar to viewers of TV police dramas. As I see it, there are two questions that need be answered relevant to this subject. First, under what circumstances, if any, may (...) a state agent use deception or manipulation in the course of his or her duties? Second, if there are classes of persons who, by their activities, lose a legitimate expectation for honest-dealing, how are state agents to proceed when the identity of such persons is unclear? (shrink)

Most legal and political philosophers agree that typical legal systems are coercive. But there is no extant account of what typically makes typical legal systems coercive when they are coercive. This paper presents such an account and compares it with four alternative views. Towards the end I discuss the proposed account’s payoffs. Among other things, I show how it can help us explain what I call ‘comparative judgements’ about coercive legal systems (judgements such as ‘Legal system (...) a is more coercive than legal system b’) and how it can help the development of social scientific inquiries into the coerciveness of our legal systems. (shrink)

Some utterances of imperative clauses have directive force—they impose obligations. Others have permissive force—they extend permissions. The dominant view is that this difference in force is not accompanied by a difference in semantic content. Drawing on data involving free choice items in imperatives, I argue that the dominant view is incorrect.

Primitive awareness leading to consciousness can be explained as a manifestation of internal forces between charge and mass. These internal forces, related to the weak and strong forces, balance the external forces of gravity-inertia and electricity-magnetism and thereby accommodate outside influences by adjusting the internal structure of material from which we are composed. Such accommodation is the physical implementation of a model of the external physical world and qualifies as Vitiello's double held inside ourselves. We experience this accommodation as the (...) conscious experience in front of our noses. Neural pulse traffic is interpreted as unconscious signal processing activity happening between this internal accommodation and our external interface of sensors and actuators. Normal 0 false false false EN-US X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;} Normal 0 false false false EN-US X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;}. (shrink)

Analysis of grip force signals tailored to hand and finger movement evolution and changes in grip force control during task execution provide unprecedented functional insight into somatosensory cognition. Somatosensory cognition is a basis of our ability to manipulate, move, and transform objects of the physical world around us, to recognize them on the basis of touch alone, and to grasp them with the right amount of force for lifting and manipulating them. Recent technology has permitted the wireless (...) monitoring of grip force signals recorded from biosensors in the palm of the human hand to track and trace human grip forces deployed in cognitive tasks executed under conditions of variable sensory (visual, auditory) input. Non-invasive multi-finger grip force sensor technology can be exploited to explore functional interactions between somatosensory brain mechanisms and motor control, in particular during learning a cognitive task where the planning and strategic execution of hand movements is essential. Sensorial and cognitive processes underlying manual skills and/or hand-specific (dominant versus non-dominant hand) behaviors can be studied in a variety of contexts by probing selected measurement loci in the fingers and palm of the human hand. Thousands of sensor data recorded from multiple spatial locations can be approached statistically to breathe functional sense into the forces measured under specific task constraints. Grip force patterns in individual performance profiling may reveal the evolution of grip force control as a direct result of cognitive changes during task learning. Grip forces can be functionally mapped to from-global-to-local coding principles in brain networks governing somatosensory processes for motor control in cognitive tasks leading to a specific task expertise or skill. Under the light of a comprehensive overview of recent discoveries into the functional significance of human grip force variations, perspectives for future studies in cognition, in particular the cognitive control of strategic and task relevant hand movements in complex real-world precision task, are pointed out. (shrink)

Wilson [Dialectica 63:525–554, 2009], Moore [Int Stud Philos Sci 26:359–380, 2012], and Massin [Br J Philos Sci 68:805–846, 2017] identify an overdetermination problem arising from the principle of composition in Newtonian physics. I argue that the principle of composition is a red herring: what’s really at issue are contrasting metaphysical views about how to interpret the science. One of these views—that real forces are to be tied to physical interactions like pushes and pulls—is a superior guide to real forces than (...) the alternative, which demands that real forces are tied to “realized” accelerations. Not only is the former view employed in the actual construction of Newtonian models, the latter is both unmotivated and inconsistent with the foundations and testing of the science. (shrink)

The Frege point to the effect that e.g. the clauses of conditionals are not asserted and therefore cannot be assertions is often taken to establish a dichotomy between the content of a speech act, which is propositional and belongs to logic and semantics, and its force, which belongs to pragmatics. Recently this dichotomy has been questioned by philosophers such as Peter Hanks and Francois Recanati, who propose act-theoretic accounts of propositions, argue that we can’t account for propositional unity independently (...) of the forceful acts of speakers, and respond to the Frege point by appealing to a notion of force cancellation. I argue that the notion of force cancellation is faced with a dilemma and offer an alternative response to the Frege point, which extends the act-theoretic account to logical acts such as conditionalizing or disjoining. Such higher-level acts allow us to present forceful acts while suspending commitment to them. In connecting them, a subject rather commits to an affirmation function of such acts. In contrast, the Frege point confuses a lack of commitment to what is put forward with a lack of commitment or force in what is put forward. (shrink)

[This is an old version which is superseded by the published version. I keep it here for the record, as it has been cited.] A strict dichotomy between the force / mode of speech acts and intentional states and their propositional content has been a central feature of analytical philosophy of language and mind since the time of Gottlob Frege and Bertrand Russell. Recently this dichotomy has been questioned by philosophers such as Peter Hanks (2015, 2016) and Francois Recanati (...) (2016), who argue that we can't account for propositional unity independently of the forceful acts of speakers and propose new ways of responding to the notorious 'Frege point' by appealing to a notion of force cancellation. In my paper I will offer some supplementary criticisms of the traditional view, but also a way of reconceptualizing the force-content distinction which allows us to preserve certain of its features, and an alternative response to the Frege point that rejects the notion of force cancellation in favor of an appeal to intentional acts that create additional forms of unity at higher levels of intentional organization: acts such as questioning a statement or order, or merely putting it forward or entertaining it; pretending to state or order; or conjoining or disjoining statements or orders. This allows us to understand how we can present a forceful act without being committed to it. In contrast, the Frege point confuses a lack of commitment to with a lack of commitment or force in what is put forward. (shrink)

The idea that payment for research participation can be coercive appears widespread among research ethics committee members, researchers, and regulatory bodies. Yet analysis of the concept of coercion by philosophers and bioethicists has mostly concluded that payment does not coerce, because coercion necessarily involves threats, not offers. In this article we aim to resolve this disagreement by distinguishing between two distinct but overlapping concepts of coercion. Consent-undermining coercion marks out certain actions as impermissible and certain agreements as unenforceable. By (...) contrast, coercion as subjection indicates a way in which someone’s interests can be partially set back in virtue of being subject to another’s foreign will. While offers of payment do not normally constitute consent-undermining coercion, they do sometimes constitute coercion as subjection. We offer an analysis of coercion as subjection and propose three possible practical responses to worries about the coerciveness of payment. (shrink)

We survey recent developments in the theory of class forcing for- malized in the second-order set-theoretic setting.

[Open Access.] Perceptual experiences have presentational phenomenology: we seem to encounter real situations in the course of visual experiences, for instance. The current paper articulates and defends the claim that the contents of at least some perceptual experiences are inherently presentational. On this view, perceptual contents are not always forceless in the way that, say, the propositional content that 2 + 2 = 4 is generally taken to be, as a content that may be asserted or denied or merely supposed; (...) rather, there are perceptual contents such that any mental state or episode which has the relevant content must be one in which things seem to the given subject to be a certain way. Intuitive motivation for the view is presented and an explanatory line of argument in support of it is developed: it is argued that the recognition of inherently presentational perceptual contents allows us to explain certain representational limitations to which ordinary visualizations and other forms of perceptual mental imagery are subject. Some potential objections to the position are explored, leading to further elaboration of it. (shrink)

Habits figure in action‐explanations because of their distinctive force. But what is the force of habit, and how does it motivate us? In this paper, I argue that the force of habit is the feeling of familiarity one has with the familiar course of action, where this feeling reveals a distinctive reason for acting in the usual way. I do this by considering and rejecting a popular account of habit's force in terms of habit's apparent automaticity, (...) by arguing that one can do something out of habit and from deliberation, before going on to defend The Familiarity View. (shrink)

According to Robert Sleigh Jr., “The opening remarks of DM.18 make it clear that Leibniz took the results of DM.17 as either establishing, or at least going a long way toward establishing, that force is not identifiable with any mode characterizable terms of size, shape, and motion.” Sleigh finds this puzzling and suggests that other commentators have generally been insufficiently perplexed by the bearing that the DM.17 has on the metaphysical issue. In this brief paper, I examine the solution (...) that Sleigh offers to his puzzle, and present an alternative way of understanding the relationship between these two sections of the Discourse. (shrink)

This paper offers an interpretation of Spinoza's theory of ideas as a theory of power. The consideration of ideas in terms of force and vitality figures ideology critique as a struggle within the power of thought to give life support to some ideas, while starving others. Because ideas, considered absolutely on Spinoza's terms, are indifferent to human flourishing, they survive, thrive, or atrophy on the basis of their relationship to ambient ideas. Thus, the effort to think and live well (...) requires attention to the collective dimensions of thinking life, where "collective" refers to a transpersonal accumulation of ideal power that includes human as well as nonhuman beings. Because it is a matter of force and power rather than truth and falsity, the project of thinking otherwise entails an effort to displace and to reorganize ideas that is best undertaken by coordinating and galvanizing many thinking powers. (shrink)

This essay proposes a new interpretation of a central, and yet overlooked, argument Leibniz offers against Descartes’s power-free ontology of the corporeal world. Appealing to considerations about the successiveness of motion, Leibniz attempts to show that the reality of motion requires force. It is often assumed that the argument is driven by concerns inspired by Zeno. Against such a reading, this essay contends that Leibniz’s argument is instead best understood against the background of an Aristotelian view of the priority (...) of real being over time. The essay also shows how this alternative interpretation can help to shed new light on the difference between Leibnizian forces and Aristotelian powers, as well as on Leibniz’s famous claim that accounting for force leads us beyond the mechanistic corporeal realm. (shrink)

This paper defends the view that Newtonian forces are real, symmetrical and non-causal relations. First, I argue that Newtonian forces are real; second, that they are relations; third, that they are symmetrical relations; fourth, that they are not species of causation. The overall picture is anti-Humean to the extent that it defends the existence of forces as external relations irreducible to spatio-temporal ones, but is still compatible with Humean approaches to causation (and others) since it denies that forces are a (...) species of causation. (shrink)

Standard lore holds that magnetic forces are incapable of doing mechanical work. More precisely, the claim is that whenever it appears that a magnetic force is doing work, the work is actually being done by another force, with the magnetic force serving only as an indirect mediator. However, the most familiar instances of magnetic forces acting in everyday life, such as when bar magnets lift other bar magnets, appear to present manifest evidence of magnetic forces doing work. (...) These sorts of counterexamples are often dismissed as arising from quantum effects that lie outside the classical regime. In this paper, we show that quantum theory is not needed to account for these phenomena, and that classical electromagnetism admits a model of elementary magnetic dipoles on which magnetic forces can indeed do work. In order to develop this model, we revisit the foundational principles of the classical theory of electromagnetism, showcase the importance of constraints from relativity, examine the structure of the multipole expansion, and study the connection between the Lorentz force law and conservation of energy and momentum. (shrink)