It is common to think of medical and ethical modes of thought as different in kind. In such terms, some clinical situations are made more complicated by an additional ethical component. Against this picture, we propose that medical and ethical modes of thought are not different in kind, but merely different aspects of what it means to be human. We further propose that clinicians are uniquely positioned to synthesise these two aspects without prior knowledge of philosophical ethics.

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)

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.

In this paper, we explicate the method of Investigative Ordinary Language Philosophy (IOLP). The term was coined by John Cook to describe the unique philosophical approach of Frank Ebersole. We argue that (i) IOLP is an overlooked yet valuable philosophical method grounded in our everyday experiences and concerns; and (ii) as such, Frank Ebersole is an important but neglected figure in the history of ordinary language philosophy.

Claudia Card did not live long enough to complete her work on surviving evils. Yet she left us an invaluable body of work on this topic. This essay surveys Card's views about the nature of evils and the ethical quandaries of surviving them. It then develops an account of survival agency that is based on Card's insights and in keeping with the agentic capacities exercised by Yezidi women and girls who have escaped from ISIS's obscene program of trafficking in women (...) and sexual violence. Card holds that true survival requires not only staying alive and as healthy as possible but also preserving your good moral character. The essay maintains that while exercising agency to elude evil and protect yourself often depends on your own skills and personality traits, exercising agency to restore or develop your moral character often depends on social support. (shrink)

Why do some addicted people chronically fail in their goal to recover, while others succeed? On one established view, recovery depends, in part, on efforts of intentional planning agency. This seems right, however, firsthand accounts of addiction suggest that the agent’s self-narrative also has an influence. This paper presents arguments for the view that self-narratives have independent, self-fulfilling momentum that can support or undermine self-governance. The self-narrative structures of addicted persons can entrench addiction and alienate the agent from practically feasible (...) recovery plans. Strategic re-narration can redirect narrative momentum and therefore support recovery in ways that intentional planning alone cannot. (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.

I argue that Plato distinguishes between personal immortality and immortality of the soul. I begin by criticizing the consensus view that Plato identifies the person and the soul. I then turn to the issue of immortality. By considering passages from 'Symposium' and 'Timaeus', I make the case that Plato thinks that while the soul is immortal by nature, if a person is going to be immortal, they must become so. Finally, I argue that Plato has a psychological continuity approach to (...) personal identity. Thus, for Plato, a person becomes immortal by avoiding reincarnation and securing for themselves psychological continuity forever. (shrink)

The extended mind thesis states that the mind is not brain-bound but extends into the physical world. The philosophical debate around the thesis has mostly focused on extension towards epistemic artefacts, treating the phenomenon as a special capacity of the human organism to recruit external physical resources to solve individual tasks. This paper argues that if the mind extends to artefacts in the pursuit of individual tasks, it extends to other humans in the pursuit of collective tasks. Mind extension to (...) other humans corresponds essentially to the ‘we-mode’ of cognition, the unique power of human minds to be jointly directed at goals, intentions, states of affairs, or values (which, importantly, differs from having a ‘group mind’). Because the capacity for collective intentionality holds evolutionary and developmental primacy over human-epistemic artefacts relations, the extended mind should not be seen as a special phenomenon, but as a central aspect of the human condition. The original extended mind thesis carried important implications for how the cognitive sciences should proceed. In a version of the thesis that accommodates collective intentionality, these implications would go far deeper than originally assumed. (shrink)

InWhere the Ethical Action Is,we argued that medical and ethical modes of thought are not different in kind but different aspects of a situation. One of the consequences of this argument is that the requirement for or benefits of normative moral theorising in bioethics is undercut. In response, Wagner has argued that normative moral theories should be reconceived as models. Wagner’s argument seems to be that once reconceived as models, the rationale for moral theorising, undercut by our arguments inWhere the (...) Ethical Action Is,will be re-established because we will see those moral-theories-now-rebranded-as-models as serving a role akin to the role models serve in some of the natural sciences. In this response to Wagner, we provide two arguments against Wagner’s proposal. We call these arguments the Turner-Cicourel Challenge and the Question Begging Challenge. (shrink)

Precision medicine and molecular systems medicine (MSM) are highly utilized and successful approaches to improve understanding, diagnosis, and treatment of many diseases from bench-to-bedside. Especially in the COVID-19 pandemic, molecular techniques and biotechnological innovation have proven to be of utmost importance for rapid developments in disease diagnostics and treatment, including DNA and RNA sequencing technology, treatment with drugs and natural products and vaccine development. The COVID-19 crisis, however, has also demonstrated the need for systemic thinking and transdisciplinarity and the limits (...) of MSM: the neglect of the bio-psycho-social systemic nature of humans and their context as the object of individual therapeutic and population-oriented interventions. COVID-19 illustrates how a medical problem requires a transdisciplinary approach in epidemiology, pathology, internal medicine, public health, environmental medicine, and socio-economic modeling. Regarding the need for conceptual integration of these different kinds of knowledge we suggest the application of general system theory (GST). This approach endorses an organism-centered view on health and disease, which according to Ludwig von Bertalanffy who was the founder of GST, we call Organismal Systems Medicine (OSM). We argue that systems science offers wider applications in the field of pathology and can contribute to an integrative systems medicine by (i) integration of evidence across functional and structural differentially scaled subsystems, (ii) conceptualization of complex multilevel systems, and (iii) suggesting mechanisms and non-linear relationships underlying the observed phenomena. We underline these points with a proposal on multi-level systems pathology including neurophysiology, endocrinology, immune system, genetics, and general metabolism. An integration of these areas is necessary to understand excess mortality rates and polypharmacological treatments. In the pandemic era this multi-level systems pathology is most important to assess potential vaccines, their effectiveness, short-, and long-time adverse effects. We further argue that these conceptual frameworks are not only valid in the COVID-19 era but also important to be integrated in a medicinal curriculum. (shrink)

In this chapter we draw comparisons between Kass’ views on the normative authority of repugnance and social intuitionist accounts of moral judgement which are similarly sceptical about the role of reasoned reflection in moral judgement. We survey the empirical claims made in support of giving moral primacy to intuitions generated by emotions such as repugnance, as well as some common objections. We then examine accounts which integrate intuition and reflection, and argue that plausible accounts of wisdom are in tension with (...) Kass’ claim that our inarticulable emotional responses can be the expression of deep wisdom. We conclude that while repugnance and other emotions have a role to play in informing deliberation and judgement, we have reason to be cautious in giving them normative authority. Affective responses alone cannot discharge the burden of justification for moral judgement and are just one tool relied upon by those we consider wise. (shrink)

Self-narrative is often, perhaps primarily, a tool of self- constitution, not of truth representation. We explore this theme with reference to our own recent qualitative interviews of substance-dependent agents. Narrative self- constitution, the process of realizing a valued narrative projection of oneself, depends on one’s narrative tracking truth to a certain extent. Therefore, insofar as narratives are successfully realized, they have a claim to being true, although a certain amount of self-deception typically comes along for the ride. We suggest that, (...) because agents typically value certain outcomes more highly than truth for truth’s sake, it makes sense to narrate in ways that aren’t strictly true if that helps ensure highly valued outcomes do come true. Walker (2012) outlines three ways of defending the truth of past-directed narratives, but the role of future-directed narratives in realizing highly valued truths provides her a fourth way. (shrink)

This paper challenges the assumption that youth and youth agencies are in a condition of equa- lity when entering a participatory action research (PAR). By asserting that it is not a state of equality that practitioners nor youth should assume nor be immediately striving for, but a consis- tently equitable process, this article draws from and reflects on the relationship between young people and researchers who have used a PAR methodology in action oriented projects. Using the UNESCO Growing up in (...) Cities Canada project as a case example, this review extrapolates from and reflects on challenges faced by the project as a whole. Using semi-structured interviews to explore the roles of adults and youth, a number of strategies are highlighted as the techniques used to overcome these challenges. The discussion concludes with further reflection on the com- plexities of equality and equity, recommending a number of actions that have the potential to create an equitable environment in PAR projects similar to the one examined. (shrink)

In this chapter we focus on the structure of close personal relations and diagnose how these relationships are disrupted by addiction. We draw upon Peter Strawson’s landmark paper ‘Freedom and Resentment’ (2008, first published 1962) to argue that loved ones of those with addiction veer between, (1) reactive attitudes of blame and resentment generated by disappointed expectations of goodwill and reciprocity, and (2) the detached objective stance from which the addicted person is seen as less blameworthy but also as less (...) fit for ordinary interpersonal relationships. We examine how these responses, in turn, shape the addicted person’s view of themselves, their character and their capacities, and provide a negative narrative trajectory that impedes recovery. We close with a consideration of how these effects might be mitigated by adopting less demanding variations of the participant stance. (shrink)

This chapter lays out what we take to be the main types of justice and ethical challenges concerning those adverse effects of climate change leading to climate-related Loss and Damage (L&D). We argue that it is essential to clearly differentiate between the challenges concerning mitigation and adaptation and those ethical issues exclusively relevant for L&D in order to address the ethical aspects pertaining to L&D in international climate policy. First, we show that depending on how mitigation and adaptation are distinguished (...) from L&D, the primary focus of policy measures and their ethical implications will vary. Second, we distinguish between a distributive justice framework and a compensatory justice scheme for delivering L&D measures. Third, in order to understand the differentiated remedial responsibilities concerning L&D, we categorise the measures and policy approaches available. Fourth, depending on the kind of L&D and which remedies are possible, we explain the difference between remedial and outcome responsibilities of different actors. [Open access]. (shrink)

Bioethics seems preoccupied with establishing, debating, promoting and sometimes debunking principles. While these tasks trade on the status of the word ‘principle’ in our ordinary language, scant attention is paid to the way principles operate in language. In this paper, we explore how principles relate to rules and practices so as to better understand their logic. We argue that principles gain their sense and power from the practices which give them sense. While general principles can be, and are, establishable in (...) abstraction from specific practices, as they are in principlist bioethics, such principles are impotent as moral guides to action. We show that the purchase any principle has as a moral guide to action emerges from its indexical properties as a principle which has sense in a specific practice. The meaning of any principle is internal to the practice and context in which it is invoked and, therefore, principles are not kinds of master rule which dictate moral judgement in new contexts but rather chameleon-like rules which change with the contexture in which they are invoked. (shrink)

Alternative currencies are means of payment that circulate alongside—as an alternative or complement to—official currencies. While these currencies have existed for a long time, both society and academia have shown a renewed interest in their potential to decentralize the governance of monetary affairs and to bring people and organizations together in more ethical or sustainable ways. This article is a review of the ethical and philosophical implications of these alternative monetary projects. We first discuss various classifications of these currencies before (...) analyzing the ethical challenges linked to the way they tackle social and environmental issues. We also examine the incentive-based and coercive mechanisms used by these currencies from an ethical perspective and debate the promises and perils of monetary decentralization and democracy. We conclude by identifying an agenda for future research. (shrink)

Social network structure has been argued to shape the structure of languages, as well as affect the spread of innovations and the formation of conventions in the community. Specifically, theoretical and computational models of language change predict that sparsely connected communities develop more systematic languages, while tightly knit communities can maintain high levels of linguistic complexity and variability. However, the role of social network structure in the cultural evolution of languages has never been tested experimentally. Here, we present results from (...) a behavioral group communication study, in which we examined the formation of new languages created in the lab by micro‐societies that varied in their network structure. We contrasted three types of social networks: fully connected, small‐world, and scale‐free. We examined the artificial languages created by these different networks with respect to their linguistic structure, communicative success, stability, and convergence. Results did not reveal any effect of network structure for any measure, with all languages becoming similarly more systematic, more accurate, more stable, and more shared over time. At the same time, small‐world networks showed the greatest variation in their convergence, stabilization, and emerging structure patterns, indicating that network structure can influence the community's susceptibility to random linguistic changes (i.e., drift). (shrink)

Wilfrid Sellars’ distinctive scientific realism has lately been gaining ground, but a crucial issue is how it can or should theorize modality. We argue that many interesting questions in this area transcend the usual ‘first-order’ concerns: “Is there an objectivist modal ontology?” and “What modal entities should we posit”? Rather, Sellars invites us to take a fresh look at the relationship between logic and metaphysics through an investigation of ‘second-order’ philosophical categories. This investigation contrasts with both the first-order 'external' ontologising (...) of metaphysicians such as David Lewis and the 'easy' ontologising of metaphysicians such as Amie Thomasson. We argue that Sellars' approach stimulates a more conscious and fruitful examination of our role and methods as philosophers in the modal arena. Moreover, since the notion of metaphysics as a ‘second-order’ activity has recently gained attention in contemporary philosophy of science through the work of David Wallace, we explore both Sellars’ potential contribution to these discussions and the relationship between Sellars’ approach and contemporary ontic structural realist views regarding modal structure, thereby opening up fundamental questions concerning where and how the metaphysics of modality might be integrated with our current best physics. (shrink)

In this paper, we offer reasons to justify the explanatory credentials of dynamical modeling in the context of the metaplasticity thesis, located within a larger grouping of views known as 4E Cognition. Our focus is on showing that dynamicism is consistent with interventionism, and therefore with a difference-making account at the scale of system topologies that makes sui generis explanatory differences to the overall behavior of a cognitive system. In so doing, we provide a general overview of the interventionist approach. (...) We then argue that recent mechanistic attempts at reducing dynamical modeling to a merely descriptive enterprise fail given that the explanatory standard in dynamical modeling can be shown to rest on interventionism. We conclude that dynamical modeling captures features of nested and developmentally plastic cognitive systems that cannot be explained by appeal to underlying mechanisms alone. (shrink)

Climate change increases the frequency and intensity of certain kinds of natural hazard events in alpine areas. This interdisciplinary study addresses the hypothetical possibility of relocating the residents of three alpine areas in Austria: the Sölk valleys, the Johnsbach valley, and the St. Lorenzen/Schwarzenbach valleys. Our particular focus is on these residents’ expectations about such relocations. We find that (1) many residents expect that in the next decades the state will provide them with a level of natural hazards protection, aid, (...) and relief that allows them to continue to live in these valleys; (2) this expectation receives some legal protection but only when it is associated with fundamental rights; and (3) the expectation is morally significant, i.e., it ought to be considered in assessing the moral rightness or justness of relocation policies. These results suggest legal changes and likely extend to many other (Austrian) alpine areas as well. (shrink)

Active materials are self-propelled non-living entities which, in some circumstances, exhibit a number of cognitively interesting behaviors such as gradient-following, avoiding obstacles, signaling and group coordination. This has led to scientific and philosophical discussion of whether this may make them useful as minimal models of cognition (Hanczyc, 2014; McGivern, 2019). Batterman and Rice (2014) have argued that what makes a minimal model explanatory is that the model is ultimately in the same universality class as the target system, which underpins why (...) it exhibits the same macrobehavior. We appeal to recent research in basal cognition (Lyon et al., 2021) to establish appropriate target systems and essential features of cognition as a target of modeling. Looking at self-propelled oil droplets, a type of active material, we do not find that organization alone indicates that these systems exhibit the essential features of cognition. We then examine the specific behaviors of oil droplets but also fail to find that these demonstrate the essential features of cognition. Without a universality class, Batterman & Rice’s account of the explanatory power of minimal models simply does not apply to cognition. However, we also want to stress that it is not intended to; cognition is not the same type of behavioral phenomena as those found in physics. We then look to the minimal cognition methodology of Beer (1996, 2020a, b) to show how active materials can be explanatorily valuable regardless of their cognitive status because they engage in specific behaviors that have traditionally been expected to involve internal representational dynamics, revealing misconceptions about the cognitive underpinnings of certain, specific behaviors in target systems where such behaviors are cognitive. Further, Beer’s models can also be genuinely explanatory by providing dynamical explanations. (shrink)

Across two studies, one of which was pre-registered, we find that a simple questionnaire that measures intellectual virtue and vice predicts how many fake news articles and conspiracy theories participants accept. This effect holds even when controlling for multiple demographic predictors, including age, household income, sex, education, ethnicity, political affiliation, religion, and news consumption. These results indicate that self-report is an adequate way to measure intellectual virtue and vice, which suggests that they are not fully immune to introspective awareness or (...) “stealthy” in the sense that Cassam (2015) argues. This is an important methodological result and may pave the way for future research on intellectual virtue and vice. (shrink)

We report the results of a vignette experiment with a quota sample of the German population in which we analyze the interplay between need, equity, and accountability in third-party distributive decisions. We asked subjects to divide firewood between two hypothetical persons who either differ in their need for heat or in their productivity in terms of their ability to chop wood. The experiment systematically varies the persons’ accountability for their neediness as well as for their productivity. We find that subjects (...) distribute significantly fewer logs of wood to persons who are held accountable for their disadvantage. Independently of being held accountable or not, the needier person is always compensated with a share of logs that exceeds her contribution, while the person who contributes less is punished in terms of receiving a share of logs smaller than her need share. Moreover, there is a domain effect in terms of subjects being more sensitive to lower contributions than to greater need. (shrink)

Enactivists frequently argue their account heralds a revolution in cognitive science: enactivism will unseat cognitivism as the dominant paradigm. We examine the lines of reasoning enactivists employ in stirring revolt, but show that none of these prove compelling reasons for cognitivism to be replaced by enactivism. First, we examine the hard sell of enactivism: enactivism reveals a critical explanatory gap at the heart of cognitivism. We show that enactivism does not meet the requirements to incite a paradigm shift in the (...) Kuhnian sense—there is no internal crisis in cognitivism. Nor does it provide inherently better explanations of cognition as some have claimed. Second, we consider the soft sell of enactivism: enactivism provides a more attractive, parsimonious, or clear-eyed lens on cognition. This move proves to boil down to a misunderstanding of how theories are selected in science. Instead we lend support to a broader and more desirable way to conceive of enactivism, the recent proposal that enactivism is a philosophy of nature. We explain how a philosophy of nature does more than support a single research paradigm by integrating scientific questions into a cohesive picture. (shrink)

1 Context The idea for the current issue of _Philosophia Scientiæ_ emerged from discussions which took place in the Manchester Ethnomethodology Reading Group. This reading group has its origins in Wes Sharrock’s weekly discussion groups, which have taken place in Manchester (UK) since the early 1970s. As the global Covid-19 pandemic hit in early 2020, the reading group moved online, facilitated by Phil Hutchinson and Alex Holder. Being an online reading group opened up participation to people beyond Northwest UK and (...) within weeks the group became global, with the membership including participants logging on from Canada, Czech Republic, Finland, France, Germany, Greece, Hong Kong, Japan, Macau, New Zealand, Spain, Sweden, and the USA. While the name of the group might indicate an exclusive focus on ethnomethodology, following the naming conventions for academic discussion groups, the name really fails to indicate both the heterogeneity of the group’s reading materials, the interests of t... (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)

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)

Researchers and practitioners are increasingly using machine‐generated synthetic data as a tool for advancing health science and practice, by expanding access to health data while—potentially—mitigating privacy and related ethical concerns around data sharing. While using synthetic data in this way holds promise, we argue that it also raises significant ethical, legal, and policy concerns, including persistent privacy and security problems, accuracy and reliability issues, worries about fairness and bias, and new regulatory challenges. The virtue of synthetic data is often understood (...) to be its detachment from the data subjects whose measurement data is used to generate it. However, we argue that addressing the ethical issues synthetic data raises might require bringing data subjects back into the picture, finding ways that researchers and data subjects can be more meaningfully engaged in the construction and evaluation of datasets and in the creation of institutional safeguards that promote responsible use. (shrink)

Mechanistic explanations are often said to explain because they reveal the causal structure of the world. Conversely, dynamical models supposedly lack explanatory power because they do not describe causal structure. The only way for dynamical models to produce causal explanations is via the 3M criterion: the model must be mapped onto a mechanism. This framing of the situation has become the received view around the viability of dynamical explanation. In this paper, I argue against this position and show that dynamical (...) models can themselves reveal causal structure and consequently produce nonmechanistic, dynamical explanations. Taking the example of cell fates from systems biology, I show how dynamical models, and specifically the attractor landscapes they describe, identify the causes of cell differentiation and explain why cells select particular fates. These dynamical features of the system better fit Woodward’s (2010, 2018) criteria of specificity and proportionality and make them the best candidate causes of cell fates than mechanisms. I also show how these causes are irreducible and inaccessible to mechanistic models, making 3M unworkable and counterproductive in this case. Dynamical models can reveal dynamical causes and thereby provide causal explanations. (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)

Abstract: Karl Jaspers describes The Axial Period (800-200 BCE) as a world-historical turning point in the spiritual evolution of the human species, characterized by the rise of Buddhism, Zoroastrianism, Pythagoreanism, and the Hebrew prophets, without precisely identifying what defines this world-historical period. What defines The Axial Period, I argue with Jaspers, is the sublimation of sacrifice, through which the sacrificial killing of domestic animals, characteristic of primitive religions, is sublimated into the self-sacrificial disciplines of prayer, meditation, and asceticism. This sublimation (...) of sacrifice involves a curiously duplicitous gesture, through which the sacred violence of primitive sacrifice is simultaneously sublimated into the self-sacrificial disciplines of the Western Indo-European religions, and demoted to the strictly physical violence of modern warfare, stripped of its sacred origins. I argue, against Jaspers, that there is no world-historical discontinuity between primitive and modern sacrifice, but rather a continuous trajectory of the sublimation of sacrifice in Western Indo-European cultures. The Brahminic sacred texts, the Rig Veda and the Brahmanas, for example, describe a sophisticated sacrificial ritualism that more effectively sublimates sacrificial violence than do Western European modern cultures, in which un-sacrificial violence continues to escalate, to challenge the survival of the contemporary world. (shrink)

Hybrid languages are introduced in order to evaluate the strength of “minimal” mereologies with relatively strong frame definability properties. Appealing to a robust form of nominalism, I claim that one investigated language \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$\mathcal {H}_{\textsf {m}}$\end{document} is maximally acceptable for nominalistic mereology. In an extension \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$\mathcal {H}_{\textsf {gem}}$\end{document} of \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$\mathcal {H}_{\textsf {m}}$\end{document}, a modal analog (...) for the classical systems of Leonard and Goodman and Leśniewski is introduced and shown to be complete with respect to 0-deleted Boolean algebras. We characterize the formulas of first-order logic invariant for \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$\mathcal {H}_{\textsf {gem}}$\end{document}-bisimulations. (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)

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)

As national and state health care policy -making becomes contentious and complex, there is a need for a forum to debate and explore public concerns and values in health care, give voice to local citizens, to facilitate consensus among various stakeholders, and provide feedback and direction to health care institutions and policy makers. This paper explores the role that regional health care ethics committees can play and provides two contrasting examples of Networks involved in facilitation of public input into and (...) the development of health care policies and adoption of state-wide practices. (shrink)

Emile Borel regards the Banach-Tarski Paradox as a reductio ad absurdum of the Axiom of Choice. Peter Forrest instead blames the assumption that physical space has a similar structure as the real numbers. This paper argues that Banach and Tarski's result is not paradoxical and that it merely illustrates a surprising feature of the continuum: dividing a spatial region into disjoint pieces need not preserve volume.

This paper presents 59 new studies (N = 72,310) which focus primarily on the “bat and ball problem.” It documents our attempts to understand the determinants of the erroneous intuition, our exploration of ways to stimulate reflection, and our discovery that the erroneous intuition often survives whatever further reflection can be induced. Our investigation helps inform conceptions of dual process models, as “system 1” processes often appear to override or corrupt “system 2” processes. Many choose to uphold their intuition, even (...) when directly confronted with simple arithmetic that contradicts it – especially if the intuition is approximately correct. (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)

Abstract: Giorgio Agamben's recent works have been preoccupied with a certain obscure passage from St. Paul's 'Second Epistle to the Thessalonians,' which describes the portentous events that must occur before the Second Coming of Jesus Christ can take place---specifically, the appearance of a 'man of lawlessness' (the Antichrist?) and the exposure of who or what is currently restraining the 'man of lawlessness' from being exposed as the Antichrist: a mysterious agency called the 'katechon.' In 'The Mystery of Evil: Benedict XVI (...) and the End of Days,' this obscure passage is connected with the abdication of Pope Benedict XVI through certain equally obscure references to the fourth century theologian, Tyconius, although the precise connection between these apocalyptic events and their mysterious agents remains obscure. This review attempts to shed some critical light upon this cryptic subject, both by considering the world-historical context of St. Paul's epistle, and by asking what role these apocalyptic figures play in Agamben's political theology. But, to begin with, the review also asks: Who, really, is the Antichrist? a scarcely rhetorical question that demands a sardonic answer. Although various candidates from contemporary politics are proposed, the review finally argues that the Antichrist and the katechon are not specific individuals or worldly institutions, but rather refer to world-historical trends within Western European Christian civilization itself that have resulted in what Friedrich Nietzsche called 'the devaluation of all higher values' and 'the desecration of the Christian moral world-view': an apocalyptic turn of events which Nietzsche equally sardonically referred to in 'The Antichrist.'. (shrink)

There are two ways of thinking about instants of time: "spatial" accounts emphasize the similarities between instants and places; "modal" accounts focus on the parallels between times and possible worlds. My aim in this paper is to draw attention to one respect in which times are more similar to possible worlds than they are to places.

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)

This paper explores the relation between victims’ stories and normativity. As a contribution to understanding how the stories of those who have been abused or oppressed can advance moral understanding, catalyze moral innovation, and guide social change, this paper focuses on narrative as a variegated form of representation and asks whether personal narratives of victimization play any distinctive role in human rights discourse. In view of the fact that a number of prominent students of narrative build normativity into their accounts, (...) it might seem obvious that there is a connection between victims’ stories and moral insight. However, the category of victims’ stories spans an enormous variety of texts – private diaries, memoirs written for publication, interviews with journalists or social scientists, depositions prepared by human rights workers, stories shared with like-minded activists or with support groups, stories told to medical professionals, and testimony in courts, truth commissions and asylum hearings, to mention just some of the possibilities. The different contexts of elicitation and the different rules governing expression in these sites should make us wary of ready generalizations about the nature of victims’ narratives. Moreover, I doubt that existing explications of the way in which norms figure in narratives yield satisfactory theories of the contribution victims’ stories can make to discovering and defending just policies and practices. I consider two of the most prominent accounts of the relation between narrative and normativity. For different reasons, the account Anthony Amsterdam and Jerome Bruner present in their work on narrative and law and the account Hayden White presents in his work on narrative and history fail to appreciate the capacity of victims’ stories of abuse to advance understanding of and increase respect for human rights. In defense of the value of victims’ stories, I propose an account of the relation between normativity and a salient type of victim’s narrative that seems especially resistant to integration into human rights discourse. -/- . (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)