Plato seems to have been pessimistic about how most people stand with regard to virtue. However, unlike the Stoics, he did not conclude that most people are vicious. Rather, as we know from discussions across several dialogues, he countenanced decent ethical conditions that fall short of genuine virtue, which he limited to the philosopher. Despite Plato's obvious interest in this issue, commentators rarely follow his lead by investigating in detail such conditions in the dialogues. When scholars do investigate what kind (...) of virtue, if any, Plato thinks is open to non-philosophers, they typically look to the Republic. But in the Republic Plato sets out an ideal city; therefore, the virtue available to non-philosophers there is likely different from what he thinks is available to them in the real world. If we want to determine Plato's thoughts about the virtue of actual non-philosophers, we must look elsewhere. In this paper, I set my sights on the Phaedo. (shrink)

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

In this paper, we present a survey of the development of the technique of argument diagramming covering not only the fields in which it originated - informal logic, argumentation theory, evidence law and legal reasoning – but also more recent work in applying and developing it in computer science and artificial intelligence. Beginning with a simple example of an everyday argument, we present an analysis of it visualised as an argument diagram constructed using a software tool. In the context of (...) a brief history of the development of diagramming, it is then shown how argument diagrams have been used to analyze and work with argumentation in law, philosophy and artificial intelligence. (shrink)

I argue that Aristotle believes that virtue comes in degrees. After dispatching with initial concerns for the view, I argue that we should accept it because Aristotle conceives of heroic virtue as the highest degree of virtue. I support this interpretation of heroic virtue by considering and rejecting alternative readings, then showing that heroic virtue characterized as the highest degree of virtue is consistent with the doctrine of the mean.

The law presents itself as a body of meaning, open to discovery, interpretation, application, criticism, development and change. But what sort of meaning does the law possess? Legal theory provides three sorts of answers. The first portrays the law as a mode of communication through which law-makers convey certain standards or norms to the larger community. The law's meaning is that imparted by its authors. On this view, law is a vehicle, conveying a message from a speaker to an intended (...) audience. The second theory portrays the law as a mode of interpretation, whereby judges, officials, and ordinary citizens make decisions about how the law applies in various practical contexts. The law's meaning is that furnished by its interpreters. According to this theory, law is a receptacle into which decision-makers pour meaning. The third viewpoint argues that these theories, while not altogether wrong, are incomplete because they downplay or ignore the autonomous meaning that the law itself possesses. This theory suggests that the law is basically a mode of participation, whereby legislators, judges, officials, and ordinary people attune themselves to an autonomous field of legal meaning. The law's meaning is grounded in a body of social practice which is independent of both the law's authors and its interpreters and which is infused with basic values and principles that transcend the practice. On this view, law is the emblem of meaning that lies beyond it. -/- Elements of all three theories are present in H.L.A. Hart's influential work, The Concept of Law, which attempts to fuse them into a single, all-encompassing theory. Nevertheless, as we will argue here, the attempt is not successful. Any true reconciliation of the communication and interpretation theories can only take place within the framework of a fully developed participation theory. In the early stages of his work, Hart lays the foundation for such a theory. However, his failure to elaborate it in a thoroughgoing way renders the work incomplete and ultimately unbalanced. As we will see, there is something to be learned from this failure. (shrink)

What is the persuasive basis for the doctrine of universal human rights - rights that pertain to all human beings, regardless of national, racial, or religious affiliation? This essay offers some reflections on the subject by considering the contrasting approaches of two thinkers: Vaclav Havel, the playwright, essayist, human rights advocate, and onetime President of Czechoslovakia; and Henri Bergson, the once influential French philosopher and apostle of creative evolution, unfortunately now often forgotten.

It is commonly assumed that Indigenous nations had neither sovereignty in international law nor title to their territories when Europeans first arrived in North America. Thus the continent was legally vacant and European powers could gain title to it simply by such acts as discovery, symbolic acts, or occupation, or by concluding treaties among themselves. This paper argues that this viewpoint is misguided and cannot be justified either by reference to positive international law or to basic principles of justice. To (...) the contrary, Indigenous American nations were sovereign entities holding exclusive title to their territories at the time of European contact, and they participated actively in the formation of Canada and the United States. This fact requires us to rewrite our constitutional histories and reconsider the current status of Indigenous nations. (shrink)

A familiar post-Kantian criticism contends that Kant enslaves sensibility under the yoke of practical reason. Friedrich Schiller advanced a version of this criticism to which Kant publicly responded. Recent commentators have emphasized the role that Kant’s reply assigns to the pleasure that accompanies successful moral action. In contrast, I argue that Kant’s reply relies primarily on the sublime feeling that arises when we merely contemplate the moral law. In fact, the pleasures emphasized by other recent commentators depend on this sublime (...) feeling. These facts illuminate Kant’s views regarding the relationship between morality, freedom, and the development of moral feelings. (shrink)

What is the rational foundation for the doctrine of universal human rights? Some philosophers, such as Alan Gewirth, argue that it may be discovered simply by reflection on certain essential features of the human constitution. However this approach has significant problems, achieving its ends by smuggling certain tacit premises into the argument. A better approach is one that appeals to the communal practices and traditions within which doctrines of human rights have evolved historically. It is here that Alasdair MacIntyre's work (...) becomes relevant, because it maintains that traditions have a rationality of their own, and that all rationality is in some sense traditional. That MacIntyre himself has used these ideas to dismiss the doctrine of universal human rights only shows the extent to which MacIntyre (like many others) has misunderstood the true character of that doctrine. (shrink)

This paper argues that there is a close connection between basic human rights and communal bonds. It reviews the views expressed by Alan Gewirth and Alasdair MacIntyre, which in differing ways deny this connection, and concludes that the deficiencies in their accounts reinforce the case for communal bonds.

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

Some have argued that the right of national self-determination gives every national group the power to decide for itself whether to remain part of an existing state or to secede unilaterally and form its own state. Such a theory underpins the claim that Quebec is entitled to decide on its own whether or not to leave Canada. This paper examines the main philosophical arguments for the theory and finds them one-dimensional and inadequate; they fail to take account of the full (...) range of complex issues arising in actual cases of proposed secession. If the right of national self-determination is understood as involving a right of unilateral secession, it cannot be attributed to national groups across the board. It arises only in specific historical circumstances, usually involving oppression or other forms of grave injustice. (shrink)

This paper examines the view that ‘nations’ are natural entities, composed of homogeneous linguistic and cultural groups, and argues that this theory fails to take account of our multiple and overlapping identities.

In fairy tales, villains usually come to a bad end, snared in a trap of their own making, or visited with a disaster nicely suited to their particular villainy. Read a story of this kind to children and you will be struck by the profound satisfaction with which this predictable of events is greeted. Yet, if children cheer when the villain is done in, they are just as satisfied when the hero manages to get the villain by the throat but (...) takes pity and spares him. These tales of retribution and mercy, even reduced to their barest bones, seem to have an intrinsic significance; they strike some inner chord, resonate with something fundamental in our inarticulate understanding of the world, reveal something about the basic make-up of the world. This is not to suggest that they are 'realistic' in the ordinary sense. They do not tell us what 'really happens' in the world of experience, where the villain all too often flourishes and the innocent are trampled underfoot. Rather, fairy tales reveal to us the injustice of the human world by testifying to the true nature of justice. If we did not know that villains ought to get their comeuppance, we would have no reason to think it wrong that they often escape to enjoy their spoils. Tales of retribution and mercy speak of the reality of a world beyond the world of everyday experience; so doing, they show the world of experience in its true light. In the best sense of the word, they are 'myths': stories that, even when told in their simplest form, carry a profound inner significance. (shrink)

The Stoics claim that the sage is free from emotions, experiencing instead εὐπάθειαι (‘good feelings’). It is, however, unclear whether the sage experiences εὐπάθειαι about virtue/vice only, indifferents only, or both. Here, I argue that εὐπάθειαι are exclusively about virtue/vice by showing that this reading alone accommodates the Stoic claim that there is not a εὐπάθειαι corresponding to emotional pain. I close by considering the consequences of this view for the coherence and viability of Stoic ethics.

The article seeks to reclaim a type of fear lost in silent omission in education, yet central to the development of an ethical subject. It distinguishes the fear described by Martin Heidegger through the concept of befindlichkeit and fear for the other as an essential moment for ethics articulated by Emmanuel Levinas. It argues that the latter conception of fear has inverted the traditional assumption of the ideal ethical subject as fearless. It then examines how Levinas’s interpretation of fear might (...) contribute to the discussion on fear and responsibility in the context of the COVID-19 pandemic. It concludes that fear for the other reveals our tremendous capacity to suffer for the other, which is an aspect of the emotional life that has not been identified in the general educational discourse. This inattention manifests itself as a categorical omission in which the existence of fear for the other is not recognized and impedes the ability of educators to address ethics as it is deeply lived. (shrink)

It is often thought that the meaning of a legal provision must reside in the minds of its authors or its interpreters, or a combination of the two. Indeed, the point may seem so obvious that it scarcely needs any justification. Is there any sense, then, in the claim sometimes made by judges that a law has a meaning of its own, one that is distinct from the intentions of authors and interpreters alike? At first sight, the claim appears extravagant (...) and self-serving. However, there is more to it than meets the eye. Drawing on an example from the world of games, this essay argues that the law makes up a “participatory order of meaning,” an autonomous order to which legal drafters and interpreters bend their minds as they create particular patterns of meaning. Ultimately, a legal order should be understood as a concrete instance of a transcendent order of justice and basic values, which in some sense lies both within and beyond the laws of a particular time and place. (shrink)

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

Hegel famously criticizes Kant’s resolution of the antinomies. According to Sedgwick, Hegel primarily chastises Kant’s resolution for presupposing that concepts are ‘one-sided’, rather than identical to their opposites. If Kant had accepted the dialectical nature of concepts, then (according to Sedgwick) Kant would not have needed to resolve the antinomies. However, as Ameriks has noted, any such interpretation faces a serious challenge. Namely, Kant’s first antinomy concerns the universe’s physical dimensions. Even if we grant that the concept of the finite (...) is necessarily related to that of the infinite, the physical universe cannot both have and lack a temporal beginning. I argue that Hegel neither adopts Sedgwick’s view that Kant’s antinomies require no resolution nor absurdly accepts that the physical universe both has and lacks a temporal beginning. Instead, Hegel proposes a sophisticated resolution of Kant’s first antinomy (including its physical aspect) that depends on Hegel’s theory of the Absolute. (shrink)

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

Argumentation schemes can be described as abstract structures representing the most generic types of argument, constituting the building blocks of the ones used in everyday reasoning. This paper investigates the structure, classification, and uses of such schemes. Three goals are pursued: 1) to describe the schemes, showing how they evolved and how they have been classified in the traditional and the modern theories; 2) to propose a method for classifying them based on ancient and modern developments; and 3) to outline (...) and show how schemes can be used to describe and analyze or produce real arguments. To this purpose, we will build on the traditional distinctions for building a dichotomic classification of schemes, and we will advance a modular approach to argument analysis, in which different argumentation schemes are combined together in order to represent each step of reasoning on which a complex argument relies. Finally, we will show how schemes are applied to formal systems, focusing on their applications to Artificial Intelligence, AI & Law, argument mining, and formal ontologies. (shrink)

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

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

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

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

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

The principle of self-determination, like Janus, has two faces: negative and positive. Often understood as enabling the fracture of states into national components, the principle is better seen as facilitating the creation of multinational frameworks that foster toleration and human rights.

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

In his essay ‘Of the Standard of Taste,’ Hume argues that artworks with morally flawed outlooks are, to some extent, aesthetically flawed. While Hume's remarks regarding the relationship between art and morality have influenced contemporary aestheticians, Hume's own position has struck many people as incoherent. For Hume appears to entangle himself in two separate contradictions. First, Hume seems to claim both that true judges should not enter into vicious sentiments and that true judges should adopt the standpoint of an artwork's (...) intended audience. But The Iliad, say, was obviously intended for an audience that shared Homer's flawed moral outlook. Second, Hume appears to claim that our moral sentiments are both highly resistant to change and extremely fragile. This essay defends Hume against these two objections by drawing increased attention to the role that Hume's aesthetics assigns to the faculty of good sense or sound reason. (shrink)

In this paper we advance a new solution to Quinn’s puzzle of the self-torturer. The solution falls directly out of an application of the principle of instrumental reasoning to what we call “vague projects”, i.e., projects whose completion does not occur at any particular or definite point or moment. The resulting treatment of the puzzle extends our understanding of instrumental rationality to projects and ends that cannot be accommodated by orthodox theories of rational choice.

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

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

The contention raised in this research is to showcase that indigenous African languages are imperative tools in advancing African philosophy and thought. By extension the genuiness and originality of African philosophical thought is best advanced when it is vocalized and transliterated in the mother tongue of the philosopher. When African philosophical thought is done and articulated in language foreign to the philosopher, then that philosophical thought is weakened within the conceptual expression and foundation. It is also contended that, indigenous languages (...) would address perennial problem of inadequacies of languages especially where there are no direct replacement of concept and terms to explain reality and other state of affairs. (shrink)

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

The thesis aims to provide an interpretation of John Rawls’ social bases of self-respect from the debate on redistribution and recognition in the current state of the art of theories of justice. The first chapter reenacts the reception of Rawlsian theory in the debate based on three critiques: (a) Iris Young's critique of the allocative-distributive paradigm, (b) Axel Honneth’s critique of the legal-political limitation, (c) Nancy Fraser's critique of the redistributive-reductionism. Far from considering the conception of ‘justice as fairness’ as (...) an insensitive terrain for dealing with matters of recognition, criticisms point out, on the contrary, the attempts of liberal Rawlsian theory to move into these issues, mainly taking the social bases of self-respect into account. However, these criticisms agree that Rawls' theory of justice would fail for several reasons. In the following chapters, each of these criticisms is addressed. The second chapter replies to Young's criticism. Contrary to what the author have supposed, ‘justice as fairness’ is better understood as a relational conception of justice rather than an allocative-distributive one. The third chapter addresses Honneth's criticism. On the one hand, the Critical Theorist is right in stating the limitations of Rawls' theory of justice; however, on the other hand, a deontological theory of justice – like the Rawlsian one – conceives these limitations as a normative advantage rather than as a theoretical flaw. The fourth chapter focuses on Fraser's critique. Likewise in her deontological model, it is argued that ‘justice as fairness’ would also have taken the cultural dimension of justice duly into account as well as, more specifically, status inequalities and cultural conflicts. Given the compatibility between their normative models, in the fifth and last chapter, a return to Fraser's deontological recognition via Rawls is advocated. (shrink)

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

A growing body of recent work in informal logic investigates the process of argumentation. Among other things, this work focuses on the ways in which individuals attempt to understand written or verbalised arguments in light of the fact that these are often presented in forms that are incomplete and unmarked. One of its aims is to develop general procedures for natural language argument recognition and reconstruction. Our aim here is to draw on this growing body of knowledge in informal logic (...) in order to take preliminary steps towards developing an architecture for computer systems that are able to recognise and reconstruct natural language arguments. This architecture aims to structure research of an applied and computational nature that strives to implement linguistic systems of various sorts, and to analyse problems in a way that both yields manageable and relatively independent components and also highlights how implementations can interact with existing resources from natural language processing. (shrink)

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

Free will is often said—by compatibilists and incompatibilists alike—to be a power (or complex of powers) of agents. This paper offers proposals for, and examines the prospects of, a powers-conception of free will that takes the powers in question to be causal dispositions. A difficulty for such an account stems from the idea that when one exercises free will, it is up to oneself whether one wills to do this or that. The paper also briefly considers whether a powers-conception that (...) invokes powers of a different kind, such as agent-causal or noncausal powers, might fare better with respect to this problem. (shrink)

This article contributes to the ongoing discussion on African aesthetics by presenting concept of beauty or the beautiful as it evolved from the cultural conception of beauty to the philosophical shift in the concept. It also examined Western concept of beauty in order to show the different contexts of the meaning of beauty in Africa and Western philosophies. In the paper, I focused primarily on analyzing beauty concept in terms of what constitutes beauty and how the beautiful can be known. (...) I showed that unlike individualistic conception of beauty in Western philosophy, beauty concept in African philosophy is both relational and functional. I showed that in African context there is no beauty for beauty’s sake; and that the beautiful is considered in terms of good conducts and physical attractiveness. Finally, I argued that African concept beauty is only intelligible when considered in the context of African ontology. (shrink)

The method of intuition, the view that the best philosophical perspective will maintain as many of our intuitions as possible, is one of the pillars of analytic philosophy. Unfortunately, the reliance on intuition by analytic philosophers has created conditions such that the biases of those who do philosophy, predominantly those of hegemonic identities, are accepted as a basis for philosophical knowledge. This problem can be solved by rejecting intuition as a basis for philosophical knowledge and instead relying on a methodology (...) derived from the Principle of Sufficient Reason. (shrink)

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

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)