In this article, I offer an account of what one of the short-term political aims of proponents of greater equality ought to be. I claim that the strengthening of reflective capacity—citizens’ ability to impose a temporary level of distance from their commitments, to consider alternatives to them, and to evaluate their origins and validity—ought to be one key aim of egalitarian politics under present political conditions. I then propose activist-led education programs as one desirable means to deliver this end of (...) strengthened reflective capacity. Where activist-led education provides plentiful informational resources and opportunities to practice deploying one’s reflective capacity, and also emphasizes and encourages intellectual humility, it seems well placed to help bring about this aim. Activist-led education programs are commonly subject to what I term the indoctrination worry, but I try to show that there are not good grounds for concluding in advance of further study that the delicate balancing of ends that permissible activist-led education requires is either categorically unachievable, or avoidable in the way these objectors often press. The argument thus provides presumptive grounds for considering the proliferation of suitably organized activist-led education programs an important component of a broader strategy of egalitarian social change. (shrink)

Suppose we wish to decide which of a pair of actions has better consequences in a case in which both actions result in infinite utility. Peter Vallentyne and others have proposed that one action has better consequences than a second if there is a time after which the cumulative utility of the first action always outstrips the cumulative utility of the second. I argue against this principle, in particular I show how cases may arise in which up to any point (...) of time action a1 produces more utility than action a2, yet for each individual involved a2 produces more utility. (shrink)

Recent debates about the most appropriate political agents for realising social justice have largely focused on the potential value of national political parties on the one hand, and trade unions on the other. Drawing on the thought of Murray Bookchin, this article suggests that democratic municipalist agents – democratic associations of local residents that build and empower neighbourhood assemblies and improve the municipal provision of basic goods and services – can often also make valuable contributions to projects of just social (...) change. I identify a long-term and a more short-term argument for the value of democratic municipalist agency in Bookchin's thought and claim that the latter provides a compelling case for the valuable contributions this form of action can make to the achievement of a wide variety of visions of social justice. This provides a useful partial corrective to recent political theorising about the nature of the partisanship and trade unionism necessary to secure social justice. (shrink)

ABSTRACT This paper explores the role of aesthetic judgements in mathematics by focussing on the relationship between the epistemic and aesthetic criteria employed in such judgements, and on the nature of the psychological experiences underpinning them. I claim that aesthetic judgements in mathematics are plausibly understood as expressions of what I will call ‘aesthetic-epistemic feelings’ that serve a genuine cognitive and epistemic function. I will then propose a naturalistic account of these feelings in terms of sub-personal processes of representing and (...) assessing the relation between cognitive processes and certain properties of the stimuli at which they are directed. (shrink)

This essay reframes salient issues in discussions of free will using conceptual apparatus developed in the works of Saul Kripke, with particular attention paid to his little-discussed technical notion of a prejudice. I begin by focusing on how various forms of modality (metaphysical, epistemic, and conceptual) underlie alternate forms of compatibilism and discuss why it is important to avoid conflating these forms of compatibilism. The concept of a prejudice is then introduced. We consider the semantic role of prejudices, in particular (...) conditions in which prejudices turn out to express metaphysically necessary truths. With that as background, I discuss a set of prejudices involving the notion of choice. We consider the role these prejudices might play, should they turn out to be true, in determining the answer to various compatibility questions concerning the nature of moral responsibility and choice. (shrink)

Many philosophers accept with certainty that we are morally responsible but take it to be an open question whether determinism holds. They treat determinism as epistemically compatible with responsibility. Should one who accepts this form of epistemic compatibilism also hold that determinism is metaphysically compatible with responsibility—that it is metaphysically possible for determinism and responsibility to coexist? John Martin Fischer gives two arguments that appear to favor an affirmative answer to this question. He argues that accounts of responsibility, such as (...) his, that are neutral with respect to whether responsible actions are determined have a "resiliency" that counts in their favor. Furthermore, he criticizes libertarians who argue on a priori grounds that determinism cannot coexist with responsibility and who admit that they would retract their argument if determinism were shown to hold; this "metaphysical flip-flopping" is said to render their positions implausible. I assess the merits of these arguments. (shrink)

I EXPLORE ONE WAY IN WHICH THE THEORY OF RELATIVE IDENTITY (DEVELOPED ALONG LINES SUGGESTED BY GEACH’S WRITINGS) CAN BE USED TO UNDERSTAND THE WAY LANGUAGE FUNCTIONS IN TRINITARIAN DOCTRINE. THIS INCLUDES A DISCUSSION OF REDUPLICATIVE PROPOSITIONS.

This paper addresses the so-called paradox of fiction, the problem of explaining how we can have emotional responses towards fiction. I claim that no account has yet provided an adequate explanation of how we can respond with genuine emotions when we know that the objects of our responses are fictional. I argue that we should understand the role played by the imagination in our engagement with fiction as functionally equivalent to that which it plays under the guise of acceptance in (...) practical reasoning, suggesting that the same underlying cognitive-affective mechanisms are involved in both activities. As such, our imaginative engagement with fiction un-problematically arouses emotions, but only to the extent that we are not occurrently attending to our epistemic relation to the fiction i.e. fully attending to the fact that the object of our response is merely fictional. In order to illuminate this idea I examine a recent proposal that the phenomenology of attention is partially non-attributive, and I argue that emotional phenomenology too shares this characteristic. (shrink)

It is well known that the following features hold of AR + T under the strong Kleene scheme, regardless of the way the language is Gödel numbered: 1. There exist sentences that are neither paradoxical nor grounded. 2. There are 2ℵ0 fixed points. 3. In the minimal fixed point the weakly definable sets (i.e., sets definable as {n∣ A(n) is true in the minimal fixed point where A(x) is a formula of AR + T) are precisely the Π1 1 sets. (...) 4. In the minimal fixed point the totally defined sets (sets weakly defined by formulae all of whose instances are true or false) are precisely the ▵1 1 sets. 5. The closure ordinal for Kripke's construction of the minimal fixed point is ωCK 1. In contrast, we show that under the weak Kleene scheme, depending on the way the Gödel numbering is chosen: 1. There may or may not exist nonparadoxical, ungrounded sentences. 2. The number of fixed points may be any positive finite number, ℵ0, or 2ℵ0 . 3. In the minimal fixed point, the sets that are weakly definable may range from a subclass of the sets 1-1 reducible to the truth set of AR to the Π1 1 sets, including intermediate cases. 4. Similarly, the totally definable sets in the minimal fixed point range from precisely the arithmetical sets up to precisely the ▵1 1 sets. 5. The closure ordinal for the construction of the minimal fixed point may be ω, ωCK 1, or any successor limit ordinal in between. In addition we suggest how one may supplement AR + T with a function symbol interpreted by a certain primitive recursive function so that, irrespective of the choice of the Godel numbering, the resulting language based on the weak Kleene scheme has the five features noted above for the strong Kleene language. (shrink)

There is a conception of hell that holds that God punishes some people in a way that brings about endless suffering and unhappiness. An objection to this view holds that such punishment could not be just since it punishes finite sins with infinite suffering. In answer to this objection, it is shown that endless suffering, even intense suffering, is consistent with the suffering being finite. Another objection holds that such punishment is contrary to God's love. A possible response to this (...) objection is developed. (shrink)

Frankfurt examples are frequently used in arguments designed to show that agents lacking alternatives, or lacking ‘regulative control’ over their actions, can be morally responsible for what they do. I will maintain that Frankfurt examples can be constructed that undermine those very arguments when applied to actions for which the agent bears fundamental responsibility.

According to the free-will defence, the exercise of free will by creatures is of such value that God is willing to allow the existence of evil which comes from the misuse of free will. A well-known objection holds that the exercise of free will is compatible with determinism and thus, if God exists, God could have predetermined exactly how the will would be exercised; God could even have predetermined that free will would be exercised sinlessly. Thus, it is held, the (...) free-will defence cannot be used as a partial account of why God should have allowed evil to exist. I investigate this objection using Kripke's apparatus for treating modalities and natural kinds to explore the nature of the incompatibilism required by the free-will defence. I show why the objection fails even if the standard arguments for compatibilism are acceptable. This is because the modality involved in the incompatibilism needed by the free-will defence differs from the modality involved in the compatibilism that is supported by standard compatibilist arguments. Finally, an argument is sketched for a variety of incompatibilism of the kind needed by the free-will defence. (shrink)

Contemporary accounts of the Trinity and Incarnation sometimes employ aspects of Peter Geach's theory of relative identity. Geach's theory provides an account not merely of identity predicates, but also proper names and restricted quantification. In a previous work I developed an account of the doctrines of the Trinity and Incarnation incorporating these three aspects of Geach's theory and tried to show how each might contribute to our understanding of the doctrines. Joseph Jedwab has recently argued that my account—or any that (...) employs Geach's treatment of restricted quantifiers—leads to serious doctrinal errors. I reply to his criticisms. (shrink)

I will argue that the Kane-Widerker objection to Frankfurt examples is much weaker than is generally recognized. The Kane-Widerker objection holds that proponents of Frankfurt examples beg the question against incompatibilist accounts of free and responsible action by constructing examples that tacitly assume a compatibilist account of moral responsibility; that is, they assume that one can have non-derivative responsibility for choices that were not undetermined prior to their occurrence. The notion of an event, E, being ‘undetermined prior to its occurrence’ (...) is ambiguous. It can mean either (1) with respect to each time t prior to E’s occurrence, it is not the case that at t E’s occurrence is determined to take place, or it can mean (2) with respect to the whole collection of times prior to E’s occurrence, E’s occurrence is not determined to take place. Kane’s argument shows that (under certain constraints) if a choice is to be undetermined (in the second sense) prior to its occurrence, then a prior-sign Frankfurt example cannot be successful. But he fails to show that prior-sign Frankfurt examples cannot be constructed in which the choice is undetermined (in the first sense) prior to its occurrence, and he would need to do so in order to sustain his charge that those using Frankfurt examples beg the question against traditional incompatibilist accounts of responsibility. Widerker’s argument avoids the above problem, but at the cost of only applying to a rather restricted set of Frankfurt examples. (shrink)

Abstract: In the Philebus, Socrates constructs a dialectical argument in which he purports to explain to Protarchus why the pleasure that spectators feel when watching comedy is a mixture of pleasure and pain. To do this he brings in phthonos (malice or envy) as his prime example (47d-50e). I examine the argument and claim that Socrates implicitly challenges Protarchus’ beliefs about himself as moderate and self-knowing. I discuss two reasons to think that more is at stake in the argument than (...) the mixed pleasure and pain of comic malice. (shrink)

In this paper I wish to defend a particular form of the traditional, and now almost wholly unfashionable, notion of an aesthetic attitude.

Frankfurt style examples (FSEs) have played an important role in the development of metaphysical accounts of moral agency. The legitimacy of this approach often requires that FSEs be metaphysically possible. I argue that, given our current knowledge of the nature of decision-making, we have no grounds to accept the metaphysical possibility of many standard FSEs involving a device that can be triggered to bring about a predetermined decision.

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)

Classical utilitarianism attempts to reduce the moral significance of the individual to something more basic: the value of the individual is seen as fully grounded in considerations of utility maximization. This paper criticizes this aspect of utilitarianism and tries to do so through an appeal to considerations that would be acceptable to one who embraces utilitarianism. First, an example is developed in which (1) a pair of mutually exclusive actions each yield infinite utility; (2) neither action can be said to (...) yield more utility than the other, and (3) one of the actions is clearly preferable. This provides a case in which the moral significance of the individual cannot be fully reduced to considerations of utility maximizing features of the action. A second example, developed along the lines of the first example, involves only finite utilities. (shrink)

P. T. Geach has argued that it is impossible to demonstrate that the doctrine of the Trinity is consistent. I try to show why -- on a common understanding of the notion of consistency -- his reasoning is flawed and why, on Geach’s own principles, one should expect that if the doctrine of the Trinity is true then it will be possible to prove that the doctrine is consistent, and it will be possible to do this in a way that (...) makes no appeal to the truth of any religious doctrine. (shrink)

A language in which we can express arithmetic and which contains its own satisfaction predicate (in the style of Kripke's theory of truth) can be formulated using just two nonlogical primitives: (the successor function) and Sat (a satisfaction predicate).

The notion of computability is developed through the study of the behavior of a set of languages interpreted over the natural numbers which contain their own fully defined satisfaction predicate and whose only other vocabulary is limited to "0", individual variables, the successor function, the identity relation and operators for disjunction, conjunction, and existential quantification.

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)

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)

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)

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)

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)

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)

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. -/- .

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)

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)

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

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

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)