We characterize, more precisely than before, what Rawls calls the “analytical” method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e., the liberty principle). We argue that the general conditions that feature in Rawls’s own account of the analytical method, which employ (...) the notion of necessity, are too stringent. They ultimately fail to deliver as basic certain particular liberties that should be encompassed within any fully adequate scheme of liberties. To address this under-generation problem, we provide an amended general condition. This replaces Rawls’s necessity condition with a probabilistic condition and it appeals to the standard liberal prohibition on arbitrary coercion by the state. We defend our new approach both as apt to feature in applications of the analytical method and as adequately grounded in justice as fairness as Rawls articulates the theory’s fundamental ideas. (shrink)

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

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

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

To reconcile true claims of de re necessity with the supposedly contingent existence of the concrete objects those claims are typically about, Kripkean essentialists invoke weak necessity. The claim that a is necessarily F is held to be equivalent to the claim that necessarily, if a exists then a is F. This strategy faces a barrage of serious objections a proper subset of which shows that the strategy fails to achieve its intended purpose. Relief can be provided via recourse to (...) a markedly non-Kripkean version of essentialism.1. (shrink)

Absolute needs (as against instrumental needs) are independent of the ends, goals and purposes of personal agents. Against the view that the only needs are instrumental needs, David Wiggins and Garrett Thomson have defended absolute needs on the grounds that the verb ‘need’ has instrumental and absolute senses. While remaining neutral about it, this article does not adopt that approach. Instead, it suggests that there are absolute biological needs. The absolute nature of these needs is defended by appeal to: their (...) objectivity (as against mind-dependence); the universality of the phenomenon of needing across the plant and animal kingdoms; the impossibility that biological needs depend wholly upon the exercise of the abilities characteristic of personal agency; the contention that the possession of biological needs is prior to the possession of the abilities characteristic of personal agency. Finally, three philosophical usages of ‘normative’ are distinguished. On two of these, to describe a phenomenon or claim as ‘normative’ is to describe it as value-dependent. A description of a phenomenon or claim as ‘normative’ in the third sense does not entail such value-dependency, though it leaves open the possibility that value depends upon the phenomenon or upon the truth of the claim. It is argued that while survival needs (or claims about them) may well be normative in this third sense, they are normative in neither of the first two. Thus, the idea of absolute need is not inherently normative in either of the first two senses. (shrink)

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

We argue that Maclaurin and Dyke's recent critique of non-naturalistic metaphysics suffers from difficulties analogous to those that caused trouble for earlier positivist critiques of metaphysics. Maclaurin and Dyke say that a theory is naturalistic iff it has observable consequences. Depending on the details of this criterion, either no theory counts as naturalistic or every theory does.

Instrumentalists about need believe that all needs are instrumental, i.e., ontologically dependent upon ends, goals or purposes. Absolutists view some needs as non-instrumental. The aims of this article are: clearly to characterize the instrumentalism/absolutism debate that is of concern (mainly §1); to establish that both positions have recent and current adherents (mainly §1); to bring what is, in comparison with prior literature, a relatively high level of precision to the debate, employing some hitherto neglected, but important, insights (passim); to show, (...) on grounds not previously to the fore in the literature, that insofar as instrumentalism’s advocates have provided arguments for the position, these are unsound (§2); to argue against instrumentalism using a new dilemma concerning whether ‘end’, ‘goal’ and ‘purpose’ are interpreted in a mentalistic manner (§3); to elucidate the implications of the needs/need-satisfiers and preconditions/means distinctions for the debate (§4). (shrink)

By the lights of a central logical positivist thesis in modal epistemology, for every necessary truth that we know, we know it a priori and for every contingent truth that we know, we know it a posteriori. Kripke attacks on both flanks, arguing that we know necessary a posteriori truths and that we probably know contingent a priori truths. In a reflection of Kripke's confidence in his own arguments, the first of these Kripkean claims is far more widely accepted than (...) the second. Contrary to received opinion, the paper argues, the considerations Kripke adduces concerning truths purported to be necessary a posteriori do not disprove the logical positivist thesis that necessary truth and a priori truth are co-extensive. (shrink)

Within the small body of philosophical work on strikes, to participate in a strike is commonly seen as to refuse to do the job while retaining one’s claim upon it. What is the relationship, though, between liberalism and the right to strike? This is our main question.

Some of the duties of individuals and organisations involve responsiveness to need. This requires knowledge of need, so the epistemology of need is relevant to practice. The prevailing contention among philosophers who have broached the topic is that one can know one’s own needs (as one can know some kinds of desires) by feeling them. The article argues against this view. The main positive claims made in the article are as follows. Knowledge of need, in both first‐person and second‐person cases, (...) is a type of knowledge‐that with no basic epistemological source. Needs, like medical conditions, have signs and symptoms. Knowledge of these, with inference, results in knowledge of need. Finally, it is argued that need is akin to, but not a special case of, metaphysical necessity de re. Some implications of this for the epistemology of need are explained. (shrink)

I set up a dilemma, concerning metaphysical modality de re, for the essentialist opponent of a ‘two senses’ view of necessity. I focus specifically on Frank Jackson's two-dimensional account in his From Metaphysics to Ethics (Oxford: Oxford University Press, 1998). I set out the background to Jackson's conception of conceptual analysis and his rejection of a two senses view. I proceed to outline two purportedly objective (as opposed to epistemic) differences between metaphysical and logical necessity. I conclude that since one (...) of these differences must hold and since each requires the adoption of a two senses view of necessity, essentialism is not consistent with the rejection of a two senses view. (shrink)

The article argues against attempts to combine ontological realism about modality with the rejection of modal rationalism and it suggests that modal realism requires modal rationalism. /// El artículo da argumentos en contra de que se intente combinar el realismo ontológico sobre la modalidad con el rechazo del racionalismo modal y sugiere que el realismo modal exige racionalismo modal.

In this thesis I argue for aspirational naturalism. Aspirational naturalism is a metaphilosophical thesis that encourages a continuation of the interdisciplinary relationship between philosophy and science. It is a kind of methodological naturalism, a view about philosophical methodology that treats science with epistemic respect.

‘Quantified pure existentials’ are sentences (e.g., ‘Some things do not exist’) which meet these conditions: (i) the verb EXIST is contained in, and is, apart from quantificational BE, the only full (as against auxiliary) verb in the sentence; (ii) no (other) logical predicate features in the sentence; (iii) no name or other sub-sentential referring expression features in the sentence; (iv) the sentence contains a quantifier that is not an occurrence of EXIST. Colin McGinn and Rod Girle have alleged that standard (...) first-order logic cannot adequately deal with some such existentials. The article defends the view that it can. (shrink)

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

We address the ethics of scenarios in which one party entraps, intentionally tempts or intentionally tests the virtue of another. We classify, in a new manner, three distinct types of acts that are of concern, namely acts of entrapment, of intentional temptation and of virtue testing. Our classification is, for each kind of scenario, of itself neutral concerning the question whether the agent acts permissibly. We explain why acts of entrapment are more ethically objectionable than like acts of intentional temptation (...) and why these, in turn, are more ethically objectionable than like acts of virtue testing. Along the way, we scrutinize, and eventually reject, the view that acts of entrapment are ethically unacceptable because intentional temptation is involved in entrapment. (shrink)

Our question is this: What makes an act one of entrapment? We make a standard distinction between legal entrapment, which is carried out by parties acting in their capacities as (or as deputies of) law- enforcement agents, and civil entrapment, which is not. We aim to provide a definition of entrapment that covers both and which, for reasons we explain, does not settle questions of permissibility and culpability. We explain, compare, and contrast two existing definitions of legal entrapment to commit (...) a crime that possess this neutrality. We point out some problems with the extensional correctness of these definitions and propose a new definition that resolves these problems. We then extend our definition to provide a more general definition of entrapment, encompassing both civil and legal cases. Our definition is, we believe, closer to being extensionally correct and will, we hope, provide a clearer basis for future discussions about the ethics of entrapment than do the definitions upon which it improves. (shrink)

My aim in this paper is to determine how Locke understands suspension and the role it plays in his view of human liberty. To this end I, 1) discuss the deficiencies of the first edition version of ‘Of Power’ and why Locke needed to include the ability to suspend in the second edition, then 2) analyze Locke’s definitions of the power to suspend with a focus on his use of the terms ‘source’, ‘hinge’, and ‘inlet’ to describe the power. I (...) determine from these descriptions that the ability to suspend is a passive power and is a necessary condition for the rational deliberation that Locke takes to be necessary for acting as a free agent. In 3) I connect Locke’s view of the power to suspend to his discussion in the sections that precede ‘Of Power.’ I argue that the kind of judgment that Locke endorses in his discussion of the Molyneux problem is also at work in acts of suspension. In 4) I apply my interpretation to Locke’s description of the connection between the power to suspend and liberty. In 5) I conclude with a discussion of a passage from the fifth edition of the Essay. Locke adds this passage to address worries raised by Limborch over the course of their correspondence. According to Chappell, it lends evidence to the view that Locke takes suspensions to be caused by undetermined volitions. (shrink)

Today, a major challenge for climate science is to overcome what is called the “usability gap” between the projections derived from climate models and the needs of the end-users. Regional Climate Models (RCMs) are expected to provide usable information concerning a variety of impacts and for a wide range of end-users. It is often assumed that the development of more accurate, more complex RCMs with higher spatial resolution should bring process understanding and better local projections, thus overcoming the usability gap. (...) In this paper, I rather assume that the credibility of climate information should be pursued together with two other criteria of usability, which are salience and legitimacy. Based on the Swiss climate change scenarios, I study the attempts at meeting the needs of end-users and outline the trade-off modellers and users have to face with respect to the cascade of uncertainty. A conclusion of this paper is that the trade-off between salience and credibility sets the conditions under which RCMs can be deemed adequate for the purposes of addressing the needs of end-users and gearing the communication of the projections toward direct use and action. (shrink)

Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise and more rigorous than its predecessors. We argue that the best form of the objection asserts (...) that, in attempting to entrap, law-enforcement agents lapse into a form of practical incoherence that involves the attempt simultaneously to pursue contrary ends. We then argue that the objection, in this form, encompasses all cases of legal entrapment only if it is supplemented by appeal to the premise that law-enforcement agents have an absolute duty never to create crimes. (shrink)

In most discussions of moral responsibility, an agent’s moral responsibility for harming or failing to aid is equated with the agent’s being blameworthy for having done wrong. In this paper, I will argue that one can be morally responsible for one’s action even if the action was not wrong, not blameworthy, and not the result of blameworthy deliberation or bad motivation. This makes a difference to how we should relate to each other and ourselves in the aftermath. Some people have (...) blown off their responsibility when they shouldn't have, and others have held themselves responsible – or second and third parties have held them responsible – as if they were wrongdoers and blameworthy when neither is the case. (shrink)

In a letter to William Molyneux John Locke states that in reviewing his chapter 'Of Power' for the second edition of An Essay Concerning Human Understanding he noticed that he had made one mistake which, now corrected, has put him "into a new view of things" which will clarify his account of human freedom. Locke says the mistake was putting “things for actions” on p.123 of the first edition, a page on which the word 'things' does not appear (The Correspondence (...) of John Locke. E.S. de Beer, ed. (Oxford: Clarendon, 1976), Vol.4, no.1643, 15 July, 1693.) It is the aim of this paper to (1) elucidate where the correction occurs, (2) give an analysis of why the correction is needed, and (3) give an explanation of why Locke believed replacing 'things' with 'actions' was an important change. (shrink)

Non-epistemic values pervade climate modelling, as is now well documented and widely discussed in the philosophy of climate science. Recently, Parker and Winsberg have drawn attention to what can be termed “epistemic inequality”: this is the risk that climate models might more accurately represent the future climates of the geographical regions prioritised by the values of the modellers. In this paper, we promote value management as a way of overcoming epistemic inequality. We argue that value management can be seriously considered (...) as soon as the value-free ideal and inductive risk arguments commonly used to frame the discussions of value influence in climate science are replaced by alternative social accounts of objectivity. We consider objectivity in Longino's sense as well as strong objectivity in Harding's sense to be relevant options here, because they offer concrete proposals that can guide scientific practice in evaluating and designing so-called multi-model ensembles and, in fine, improve their capacity to quantify and express uncertainty in climate projections. (shrink)

Some interesting exceptions notwithstanding, the traditional logic of economic efficiency has long favored hierarchical forms of organization and disfavored democracy in business. What does the balance of arguments look like, however, when values besides efficient revenue production are brought into the picture? The question is not hypothetical: In recent years, an ever increasing number of corporations have developed and adopted socially responsible behaviors, thereby hybridizing aspects of corporate businesses and social organizations. We argue that the joint pursuit of financial and (...) social objectives warrants significant rethinking of organizational democracy’s merits compared both to hierarchy and to non-democratic alternatives to hierarchy. In making this argument, we draw on an extensive literature review to document the relative lack of substantive discussion of organizational democracy since 1960. And we draw lessons from political theory, suggesting that the success of political democracy in integrating diverse values offers some grounds for asserting parallel virtues in the business case. (shrink)

In Ethics 4, Spinoza argues that “A free man thinks of nothing less than of death, and his wisdom is a meditation on life, not on death” (E4p67). Spinoza’s argument for this claim depends on his view of imagination, reason, and scientia intuitiva and on his notion of conatus. I explicate Spinoza’s view of life in terms of power (potentia) and show that Spinozan death amounts to reconfiguration rather than absolute annihilation. I then show that E4p67 reflects Spinoza’s well-known account (...) of the three kinds of knowing. Thinking of death is quintessentially imaginative and passive. The free person of E4p67 is in contrast a rational person. To reason, and as becomes especially clear E5, to experience scientia intuitiva, moreover is to think of things “without any relation to time, but [rather] sub specie aeternatitis”(E2p44c2) and to experience activity To the extent, then, that we are rational, free, and active, death is a non-issue. Indeed, to the extent that we are able to meditate on life sub specie aeternitatis, we actually experience joy, love (E5p20s, p32c), eternity (Sp23s), and “the greatest satisfaction of the Mind” (E5p27). (shrink)

A model policy for conscientious objection in medicine.

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

Davidson has been instrumental in dampening the prospect of reductively explaining the mind. The core of his arguments turn upon his insistence that contentful mental states, the bread and butter of folk psychology, have a “normative element.” In spite of its pivotal role, as well as its intrinsic interest, the concept is very poorly developed and understood. This paper attempts to discern four different strands of the normativity of intentionality and to spark a long overdue systematic examination of a fascinating (...) and significant thesis. (shrink)

Under a ‘dirty hands’ model of undercover policing, it inevitably involves situations where whatever the state agent does is morally problematic. Christopher Nathan argues against this model. Nathan’s criticism of the model is predicated on the contention that it entails the view, which he considers objectionable, that morally wrongful acts are central to undercover policing. We address this criticism, and some other aspects of Nathan’s discussion of the ‘dirty hands’ model, specifically in relation to state entrapment to commit a crime. (...) Using János Kis’s work on political morality, we explain three dilemmatic versions of the ‘dirty hands’ model. We show that, while two of these are inapplicable to state entrapment, the third has better prospects. We then pursue our main aim, which is to argue that, since the third model precludes Nathan’s criticism, a viable ‘dirty hands’ model of state entrapment remains an open possibility. Finally, we generalize this result, showing that the case of state entrapment is not special: the result holds good for policing practices more generally, including such routine practices as arrest, detention, and restraint. (shrink)

This is an overview of Davidson's theory of anomalous monism. Objections and replies are also detailed.

Assessments of an action done intentionally, as we might expect, influence judgments of moral responsibility. What we don't expect is the converse--judgments of moral responsibility influencing assessments of whether an action was done intentionally. Yet this is precisely how people decide, according to Knobe (2003, 2004) and Mendlow (2004) and Nadelhoffer (2004a). I evaluate whether the studies actually support this biasing effect. I argue that the studies are at best inconclusive and that even if they demonstrated that people fall under (...) the biasing effect, such tendencies ought to have no bearing upon philosophical analyses of the concept of intentional action. (shrink)

One of the driving questions in philosophy of mind is whether a person can be understood in purely physical terms. In this presentation, I wish to continue the project initiated by Donald Davidson, whose subtle position on this question has left many more perplexed than enlightened. The main reason for this perplexity is Davidson’s rather obscure pronouncements about the normativity of intentionality and its role in supporting psychophysical anomalism – the claim that there are no laws bridging our intentional states (...) with states of our brain. Insofar as Davidson’s thesis is an ontological one – about the existence of laws or otherwise modally significant connections between the mental and the physical – I think his critics are correct: Davidson has not provided us with a successful argument for psychophysical anomalism. There is, however, a different argument, also based upon considerations about the normativity of intentionality that lead to an equally important conclusion. The conclusion is not ontological but rather epistemic: if thoughts do indeed display normativity, it is hard to understand how they would arise out of mere mechanical occurrences in the brain. To borrow a well-worn phrase, there is an “explanatory gap” between the mental and the physical. Originally coined to capture the epistemic darkness we confront in our attempt to understand phenomenal experiences in purely physical terms, the idea has yet to be explored in the area of contentful mental states or intentionality in general. My argument shall be this: considerations about the normativity of intentionality demonstrate that there is an explanatory gap between the intentional and the physical. In fact, if there were laws of the kind Davidson denies, then the world be more mysterious than if no such laws existed. The presence of an explanatory gap explains why this is so. (shrink)

Non-reductive physicalism is committed to two theses: first, that mental properties are ontologically autonomous, and second, that physicalism is true. Jaegwon Kim has argued that this view is unstable – to honor one thesis, one must abandon the other. In this paper, I present an account of property realization that addresses Kim’s criticism and that explains how the two theses are indeed comfortably compatible.

Since the mid-1990s, there has been a rise in the number of deaths of undocumented Mexican migrants crossing the U.S./Mexican border. Who is responsible for these deaths? This article examines the culpability of (1) migrants, (2) humanitarian volunteers, (3) the Mexican government, (4) the U.S. government, and (5) U.S. businesses. A significant portion of the blame is assigned to U.S. free trade policies and U.S. businesses employing undocumented immigrants.

When it comes to the notion of creativity, both R. Dawkins and D. Dennett argue that creativity is a matter of random mutation, in the same way that genes randomly mutate. Neither Dennett nor Dawkins see anything else in the mimetic theory of creativity than a process of Darwinian evolution. However, this complete reliance upon the extension of evolution for understanding creativity needs to be supplemented by combining it with other ideas such as those of "schema theory," because creativity always (...) occurs within a structured context and is not simply a matter of random mutation of ideas. Schema theory comes largely from the works of E.H Gombrich, who argued that "schemas" play a crucial role in how it is that we are able to be creative. He defines schemas as structure and traditions in society that help to convey the meaning of our creative efforts. Just as semantics needs syntax within language in order to formulate and convey meaning, so by analogy memes need schemas for the creation and expression of new ideas. Rather than being the antithesis of creativity, existing forms of expression and traditions are important for the creation of new ideas. This needs to be factored into any theory of creativity in order to account for the effect of the social context on creative endeavours in addition to a Darwinian account of memes. The unconscious processes at work within the brain that are involved in the generation of ideas and other creative products can be understood using the notion of a "generator", as originally conceived by D. Dennett. This notion goes beyond mere concrete Skinnerian behavioural trial and error. Within this generator, there appear to be at work processes such as those of bisociation and association, as discussed by A. Koestler, as well as processes such as the role of language, memory, generate-and-test and intentionality that must be acknowledged in addition to the syntactic operations of schemas and the replicating contents of memes. The operation of all of these ingredients within the generator, when understood together, can be seen as responsible for our ability to be creative. (shrink)

The continued development of General Circulation Models (GCMs) towards increasing resolution and complexity is a predominantly chosen strategy to advance climate science, resulting in channelling of research and funding to meet this aspiration. Yet many other modelling strategies have also been developed and can be used to understand past and present climates, to project future climates and ultimately to support decision-making. We argue that a plurality of climate modelling strategies and an equitable distribution of funding among them would be an (...) improvement on the current predominant strategy for informing policy making. To support our claim, we use a philosophy of science approach to compare increasing resolution and complexity of General Circulation Models with three alternate examples: the use of machine learning techniques, the physical climate storyline approach, and Earth System Models of Intermediate Complexity. We show that each of these strategies prioritises a particular set of methodological aims, among which are empirical agreement, realism, comprehensiveness, diversity of process representations, inclusion of the human dimension, reduction of computational expense, and intelligibility. Thus, each strategy may provide adequate information to support different specific kinds of research and decision questions. We conclude that, because climate decision-making consists of different kinds of questions, many modelling strategies are all potentially useful, and can be used in a complementary way. (shrink)

Benjamin Schnieder has argued that several traditional definitions of truth-functionality fail to capture a central intuition informal characterizations of the notion often capture. The intuition is that the truth-value of a sentence that employs a truth-functional operator depends upon the truth-values of the sentences upon which the operator operates. Schnieder proposes an alternative definition of truth-functionality that is designed to accommodate this intuition. We argue that one traditional definition of ‘truth-functionality’ is immune from the counterexamples that Schnieder proposes and is (...) preferable to Schnieder’s alternative. (shrink)

For most people using an advertising slogan as the title for a philosophical paper is going to seem, at best, provocative, and at worst, simply cynical. However, this kind of cynical provocation is precisely what I want to address. That is, Marks and Spencer's tagline 'exclusively for everyone' is an affront to rational thought, but this is also the motive for its effectiveness. Rather than simply stating what's on offer, it plays to our dreams; rather than simply offering to match (...) our expectations, it promises to exceed them. (shrink)

Comment en arrive-t-on à proposer comme oeuvre d’art une relation sexuelle tarifée avec un collectionneur? En 2003, l’artiste en art conceptuel et performeuse américaine, Andrea Fraser, commettra l’impensable de « coucher » avec un collectionneur afin de critiquer le milieu et surtout le marché de l’art contemporain. L’article qui suit propose une analyse thématique de l’aspect sexuel et éthique de cette oeuvre intitulée Untitled. Il sera d’abord question des significations possibles de cette performance et ses questionnements artistiques plus autoréférentiels. Je (...) compte ensuite aborder plus précisément la position trouble de la subjectivité de l’artiste qui oscille entre une posture d’objet sexuel et d’artiste. De même, le texte fera état de la position novatrice que l’oeuvre présente sur les enjeux éthiques du travail du sexe en déconstruisant les arguments paternalistes généralement invoqués pour criminaliser le travail du sexe. Et finalement, j’aborderai la question de savoir comment la nature sexuelle de l’oeuvre vient désacraliser à la fois l’art et la sexualité, et par le fait même critiquer l’idée que la sexualité soit le siège de la subjectivité. En désacralisant ainsi la sexualité, je postule qu’Untitled offre la possibilité de concevoir le travail du sexe de manière plus neutre.How can a sexual act in exchange of money with an art collector be offered as a work of art? In 2003, performer and conceptual artist Andrea Fraser committed the unthinkable of sleeping with an art collector in order to critique the contemporary art milieu and market. The following article proposes a thematic analysis of sexual and ethical components of this work of art entitled Untitled. I will first discuss possible meanings of such a performance and its artistic considerations. I will then address more precisely the troubled position of the artist’s subjectivity, which vacillates between a sexual object and an artist. Moreover, the article will highlight the innovative position presented by this work of art on ethical issues regarding sex work by deconstructing paternalistic claims generally used to support the criminalization of sex work. Finally, I will discuss how the sexual nature of this work of art comes to desecrate art, along with sexuality, thereby criticizing the idea that sexuality is the main site of subjectivity. Through this desecration of sexuality, I argue that Untitled offers the possibility to apprehend sex work in a more neutral way. (shrink)