Like most philosophers, Heidegger gave little attention to childhood, but his philosophical emphasis on pre-reflective practice and understanding seems uniquely qualified to help make sense of a child’s experience and development. Moreover, it seems to me that many central Heideggerian concepts are best defended, exemplified, and articulated by bringing child development into the discussion. A Heideggerain emphasis on pre-theoretical world-involvement opens up a rich array of phenomena for studying child development, which can improve upon standard theories that have over-emphasized exclusive (...) conditions or criteria. I begin by laying out some basic features of Heidegger’s conception of being-in-the-world as a preparation for understanding the world of the child. Then I will briefly discuss some of Heidegger’s remarks on childhood, followed by some reflections on language acquisition and the correlation of anxiety and meaning. (shrink)

Aristotle’s Poetics defends the value of tragic poetry, presumably to counter Plato’s critique in the Republic. Can this defense resonate with something larger and rather surprising, that Aristotle’s overall philosophy displays a tragic character? I define the tragic as pertaining to indigenous and inescapable limits on life, knowledge, control, achievement, and agency. I explore how such limits figure in Aristotle’s physics, metaphysics, and biological works. Accordingly I want to disturb the common account of Aristotle’s thought as a neat system of (...) ontological order and metaphysical closure—not to exclude such elements but to place them within a world-view that includes certain limits at the edges of being. (shrink)

In this essay I take up Plato’s critique of poetry, which has little to do with epistemology and representational imitation, but rather the powerful effects that poeticperformances can have on audiences, enthralling them with vivid image-worlds and blocking the powers of critical reflection. By focusing on the perceived psychological dangers of poetry in performance and reception, I want to suggest that Plato’s critique was caught up in the larger story of momentous shifts in the Greek world, turning on the rise (...) of literacy and its far-reaching effects in modifying the original and persisting oral character of Greek culture. The story of Plato’s Republic in certain ways suggests something essential for comprehending the development of philosophy in Greece (and in any culture, I would add): that philosophy, as we understand it, would not have been possible apart from the skills and mental transformations stemming from education in reading and writing; and that primary features of oral language and practice were a significant barrier to the development of philosophical rationality (and also a worthy competitor for cultural status and authority). Accordingly, I go on to argue that the critique of writing in the Phaedrus is neither a defense or orality per se, nor a dismissal of writing, but rather a defense of a literate soul over against orality and the indiscriminate exposure of written texts to unworthy readers. (shrink)

Observers have noted a decline (in the US) in attributions of genetically-based inferiority (e.g. in intelligence) to Blacks, and a rise in attributions of culturally-based inferiority. Is this "culturalism" merely warmed-over racism ("cultural racism") or a genuinely distinct way of thinking about racial groups? The question raises a larger one about the relative place of biology and culture in racist thought. I develop a typology of culturalisms as applied to race: (1) inherentist or essentialist culturalism (inferiorizing cultural characteristics wrongly but (...) intelligibly regarded as inhering in the nature of racial groups). This view has an historical pedigree in the work of J.G. von Herder, and the tradition of "national racism." (2) non-inherentist culturalism (groups regarded as possessing changeable, malleable inferiorizing cultural characteristics). (3) colonalist culturalism (colonial subjects regarded as uncivilized but capable of becoming civilized under European tutelage). (4) neo-racism (cultures of former colonial subjects in or potentially immigrating to European countries are regarded in an inherentist manner and incompatible with but not inferior to European cultures). Non-inherentist culturalism (#2) can be put to either a racist or an anti-racist use. (shrink)

By re-examining Nietzsche's notion of the “eternal-feminine” and his views on women and feminism, this volume offers new perspectives on some of his key ideas. It brings together a diverse group of scholars to critically engage with Nietzsche's use of late-19th-century gender stereotypes and the ways in which they served his critique of values, including his use of “woman” as a trope for truth. -/- Among other subjects, the contributors consider the role of psychology in Nietzsche's thought, his concern with (...) style, self-creation, and advocacy of perfectionism, his views on romantic love and marriage, and his aim of revaluing all values to instigate a distant philosophy of the future. They investigate parallels between Nietzsche's thought and Shaktism, his relation to Goethe and Stendahl, and his influence on Beauvoir, Butler, and Dohm. With the inclusion of two seminal essays on Nietzsche and women by Lawrence J. Hatab and Kelly Oliver, the volume also illustrates some of the ways in which scholarship on these subjects has evolved over the last four decades. -/- Providing fresh insights into these inter-related subjects, Nietzsche on Women and the Eternal-Feminine highlights the enduring relevance of his thought and its still-underappreciated potential for re-thinking both the bases for and aims of feminism and other emancipatory movements. (shrink)

This article explicates the views on both race and ethnicity of these three prominent Latinx philosophers, compares them (somewhat), and offers some criticisms. Corlett jettisons race as a categorization of groups, but accepts a form of racialization somewhat at odds with this jettisoning. Gracia adopts as a general principle that an account of both ethnicity and race should help us see aspects of reality that would otherwise be obscured; but this is at odds with his regarding the Latin American view (...) of race as more rational than the U.S. version with its “one-drop rule.” The latter has structured the reality of race in the U.S. for African Americans. Alcoff is much more concerned with the phenomenology of race and ethnicity than the other two, and she clearly adds “pan-ethnicity” to the mix of concepts required to understand Latino/a Americans. I argue that she fails to see the agentic and political aspect of black identity in the U.S., and in a sense shares with Gracia a misplaced sense that the mixedness of Latin American racial identity is somehow to be preferred to the more binary U.S. form. (shrink)

Ang Noli Me Tangere at El Filibusterismo ay mga nobelang isinulat ni Dr. Jose P. Rizal na sumasalamin sa kalagayan ng mga Pilipino noong panahon ng mga Español. Ikinubli ni Rizal ang mga di-makatáong pagtrato ng mga Español sa mga itinuring na Indio sa pamamagitan ng mga pangyayari at mga karakter sa kaniyang dalawang akda. Mula sa Teorya ng Moral na Pag-unlad (Theory of Moral Development) ng isang Amerikanong Sikolohistang si Lawrence Kohlberg ay sinuri ng papel na ito ang (...) 10 tagpo na nagpapakita ng katungkulang moral sa dalawang nobela gámit ang Antas at Yugto ng Moral na Pag-unlad ni Kohlberg (Kohlberg’s Levels and Stages of Moral Development). Mula sa ginawang pagsusuri, napagtanto ng papel na ito na gumamit si Rizal ng estratehiya upang ipakita na ang aksiyong isinagawa ng ahente sa bawat tagpo ay taliwas sa kaniyang kabuoang moralidad, bagaman ang pamamaraang ito ay nagdulot sa mga mambabása ng Noli Me Tangere at El Filibusterismo ng iba’t ibang interpretasyon at pagkaunawa sa mga isinulat ng may-akda. Mapanghámon ang mga nobela ni Rizal na sumusubok sa tradisyonal na kaugalian at panuntunan ng Pilipinas maging sa pagkukunwari ng lipunang Pilipino. Malaki ang naging gampanin ng nabuong tema na sumisimbolo sa mga isyung panlipunang nais palutangin ni Rizal. Gayunpaman, dahil sa mataas na pangangatwirang moral na nakapaloob sa kaniyang mga gawa, nararapat na gamítin ito hindi lámang bílang materyal sa pagaaral ng Filipino at sa mga kaugnay na larang, kundi pati rin sa pag-aaral ng kritisismo sa politika at lipunan, maging sa pag-aaral ng etika at moralidad, partikular na sa konteksto ng Pilipinas. (shrink)

There can be no doubt that discrimination based on sex, race, ethnicity, religion or beliefs should not be tolerated in academia. Surprisingly, however, in recent years, policies of Diversity, Inclusion and Equity(DIE), officially introduced to counteract discrimination, have increasingly led to quite the opposite result: the exclusion of individuals who do not share a radical 'woke' ideology on identity politics (feminism, other gender activisms, critical race theory, etc.), and to the suppression of the academic freedom to discuss such dogmas. This (...) subversion of academia ― disguised Trojan-horse style as universal human rights advocacy ― is unacceptable because academia must be politically neutral and protect freedom of speech, a cornerstone of professional scholarly activity without which universities as we know them will slowly but surely suffocate. -/- Our purpose here is to put together some particularly illustrative cases of such repression in a single book, testifying to a ubiquitous trend within western culture, irreducible to a few isolated complaints. The essays contained here illustrate the abuse of power, censorship and witch-hunts at many universities and research centres in the name of DIE. -/- List of coauthors in alphabetical order: Dorian Abbot, Tomonori Agoh, Gerhard Amendt, Ivar Arpi, David Benatar, Peter Boghossian, Civitas Research Team, David Díaz Pardo de Vera, Pedro Domingos, Janice Fiamengo, Étienne Forest, Jorge Gibert Galassi, Norman Goldstuck, José L. González Quirós, Lawrence M. Krauss, Patrick LaBelle, Martín López Corredoira, Heather Mac Donald, Martin Malmgren, Erik. J. Olsson, Jordan Peterson, Constantin Polychronakos, Philip C. Salzman, Alessandro Strumia, Tom Todd, Andrei Yafaev. (shrink)

In this paper the author deals with the new development of Metaphysics among American Thomists. In contrast to Gilson, there is revaluation of 'essence' among some authors, insofar form has an instrumental role for the existence of things (see e.g. Lawrence Dewan). The example of Stephen L. Brock is presented as an alternative to the excessive Apophaticism of some interpretations of Aquinas such as the one of J.-L. Marion.

Are science and religion compatible when it comes to understanding cosmology (the origin of the universe), biology (the origin of life and of the human species), ethics, and the human mind (minds, brains, souls, and free will)? Do science and religion occupy non-overlapping magisteria? Is Intelligent Design a scientific theory? How do the various faith traditions view the relationship between science and religion? What, if any, are the limits of scientific explanation? What are the most important open questions, problems, or (...) challenges confronting the relationship between science and religion, and what are the prospects for progress? These and other questions are explored in Science and Religion: 5 Questions--a collection of thirty-three interviews based on 5 questions presented to some of the world's most influential and prominent philosophers, scientists, theologians, apologists, and atheists. Contributions by Simon Blackburn, Susan Blackmore, Sean Carroll, William Lane Craig, William Dembski, Daniel C. Dennett, George F.R. Ellis, Owen Flanagan, Owen Gingerich, Rebecca Newberger Goldstein, John F. Haught, Muzaffar Iqbal, Lawrence Krauss, Colin McGinn, Alister McGrath, Mary Midgley, Seyyed Hossein Nasr, Timothy O'Connor, Massimo Pigliucci, John Polkinghorne, James Randi, Alex Rosenberg, Michael Ruse, Robert John Russell, John Searle, Michael Shermer, Victor J. Stenger, Robert Thurman, Michael Tooley, Charles Townes, Peter van Inwagen, Keith Ward, Rabbi David Wolpe. (shrink)

Buildings energy consumption is growing gradually and put away around 40% of total energy use. Predicting heating and cooling loads of a building in the initial phase of the design to find out optimal solutions amongst different designs is very important, as ell as in the operating phase after the building has been finished for efficient energy. In this study, an artificial neural network model was designed and developed for predicting heating and cooling loads of a building based on a (...) dataset for building energy performance. The main factors for input variables are: relative compactness, roof area, overall height, surface area, glazing are a, wall area, glazing area distribution of a building, orientation, and the output variables: heating and cooling loads of the building. The dataset used for training are the data published in the literature for various 768 residential buildings. The model was trained and validated, most important factors affecting heating load and cooling load are identified, and the accuracy for the validation was 99.60%. (shrink)

A familiar interpretation of quantum mechanics (one of a number of views sometimes labeled the "Copenhagen interpretation'"), takes its empirical apparatus at face value, holding that the quantum wave function evolves by the Schrödinger equation except on certain occasions of measurement, when it collapses into a new state according to the Born rule. This interpretation is widely rejected, primarily because it faces the measurement problem: "measurement" is too imprecise for use in a fundamental physical theory. We argue that this is (...) a weak objection, as there may be many ways of making "measurement" precise. However, measurement-collapse interpretations face a more serious objection: a dilemma tied to the quantum Zeno effect. Is measurement itself an observable that can enter superpositions? If yes, then the standard measurement-collapse dynamics is ill-defined. If no, then (at least if measurement is an observable), measurements can never start or finish. The best way out is to deny that measurement is an observable, but this leads to strong and revisionary consequences. This reinforces the view that there is no nonrevisionary interpretation of quantum mechanics. (shrink)

Does the capacity to think require the capacity to sense? A lively debate on this topic runs throughout the history of philosophy and now animates discussions of artificial intelligence. Many have argued that AI systems such as large language models cannot think and understand if they lack sensory grounding. I argue that thought does not require sensory grounding: there can be pure thinkers who can think without any sensory capacities. As a result, the absence of sensory grounding does not entail (...) that large language models cannot think or understand. I also consider to what extent quasi-sensory grounding can at least boost the performance of a language model. (shrink)

The cucumber is a creeping vine that roots in the ground and grows up trellises or other supporting frames, wrapping around supports with thin, spiraling tendrils. The plant may also root in a soilless medium, whereby it will sprawl along the ground in lieu of a supporting structure. The vine has large leaves that form a canopy over the fruits. Among these common diseases, we single out the diseases that affect the cucumber, which is affected by about 22 diseases, with (...) different symptoms for each disease. Today, technology is facilitating human life in all areas of life, and among these facilities are expert systems that have become an integral part of human life as they contain several systems and areas, for example: Artificial Intelligence (AI), which refers to systems or devices that simulate Human intelligence to perform tasks that can improve itself based on some human information, and other areas, and with reference to expert systems and their importance to humans, an integrated expert system has been created in the agricultural field that diagnoses cucumber diseases using CLIPS Expert System language Delphi language. The system was used to design and implement the proposed expert system. The system facilitates the diagnosis of cucumber-related diseases. There is no doubt that this expert system will help farmers and those involved in the agricultural field to diagnose cucumber-related diseases. Objectives: is to help farmers diagnose pear diseases in the correct way and how to treat these diseases. Method: The system contains a program that diagnoses 22 diseases that affect cucumber. Results: The expert system was evaluated by farmers and praised for helping them with it. Conclusion: The expert system for diagnosing cucumber diseases is effective and usable. (shrink)

This paper is a response to Baumann's comments on "Can Knowledge Really be Non-fative?" In this paper Baumann's suggestions for how those who deny the factivty of knowledge might deal with the argument from inconsistency and explosion are addressed.

The ethical question is whether university mask mandates should be relaxed. I argue that the use of face masks by healthy individuals has uncertain benefits, which potential harms may outweigh, and should therefore be voluntary. Systematic reviews by the World Health Organization (WHO) and Cochrane Acute Respiratory Infections concluded that the use of face masks by healthy individuals in the community lacks effectiveness in reducing viral transmission based on moderate-quality evidence. The only two randomized controlled trials of face masks published (...) during the pandemic found little to no benefit. Without high-quality evidence, it is difficult to justify a requirement rather than a recommendation. Notwithstanding, one might argue that the precautionary principle justifies mask mandates. If the precautionary principle can justify implementing mask mandates due to the risk of forgoing possible benefit, then it might also be able to justify not implementing mask mandates due to the risk of potential harm caused by the intervention. It is commonly thought that there is little to lose from the use of face masks, but this is not necessarily true. It is possible that masks have done more harm than good. (shrink)

Arthur Pap worked in analytic philosophy while maintaining a strong Kantian or neo-Kantian element throughout his career, stemming from his studying with Ernst Cassirer. I present these elements in the different periods of Pap’s works, showing him to be a consistent critic of logical empiricism, which Pap shows to be incapable of superseding the Kantian framework. Nevertheless, Pap’s work is definitely analytic philosophy, both in terms of the content and the style. According to Pap, the central topics of analytic philosophy (...) concern meaning, modality, and analysis. Pap was also influenced by pragmatism, especially in his dissertation, although he does not fully embrace it in either its classical or its Quinean form. (shrink)

Empirical evidence shows that people have multiple time-biases. One is near-bias, another is future-bias, and a third is present-bias. Philosophers are concerned with the normative status of these time-biases. They have argued that, at least in part, the normative status of these biases depends on the extent to which they tend to promote, or frustrate, wellbeing, where “wellbeing” is taken to be of fundamental value. Since near-bias is thought to be associated with impulsivity, lack of self-control, and poor long-term health (...) and financial outcomes, it has often been supposed that it is associated with lower wellbeing. On those grounds, philosophers have argued that near-bias is rationally impermissible. By contrast, philosophical views about the normative status of future-bias have been mixed, with some arguing that future-bias is impermissible because, they think, it frustrates wellbeing, and others arguing that it is at least permissible (and perhaps obligatory) because it is the product of mechanisms whose functioning can be expected to promote wellbeing. However, to date there are no studies that have directly probed how time-biases correlate with wellbeing. Since it's not a settled matter which psychological mechanisms underlie time-biases, it is not uncontroversial which things serve as proxies for these preferences. We directly empirically investigate the connection between time-biases and measures of wellbeing, to see which of these biases is associated with promoting, or frustrating wellbeing. Contrary to expectation, we found no evidence that near-bias or present-bias are associated with frustrating wellbeing on any of the constructs we measured. On the other hand, and contrary to what some philosophers have supposed, we found that future-bias was associated with higher measures of wellbeing on several measures. We consider the implications of these findings for the evaluation of the normative status of these time biases. (shrink)

The standard view says that epistemic normativity is normativity of belief. If you’re an evidentialist, for example, you’ll think that all epistemic reasons are reasons to believe what your evidence supports. Here we present a line of argument that pushes back against this standard view. If the argument is right, there are epistemic reasons for things other than belief. The argument starts with evidentialist commitments and proceeds by a series of cases, each containing a reason. As the cases progress, the (...) reasons change from counting in favor of things like having a belief to things like performing ordinary actions. We argue that each of those reasons is epistemic. If the argument succeeds, we should think there are epistemic reasons to consider hypotheses, conduct thought and physical experiments, extend one’s evidence, and perform mundane tasks like eating a sandwich, just as there are epistemic reasons to believe what one’s evidence supports. (shrink)

This paper contains a critical examination of the prospects for analyses of knowledge that weaken the factivity condition such that knowledge implies approximate truth.

Sceptical theists--e.g., William Alston and Michael Bergmann--have claimed that considerations concerning human cognitive limitations are alone sufficient to undermine evidential arguments from evil. We argue that, if the considerations deployed by sceptical theists are sufficient to undermine evidential arguments from evil, then those considerations are also sufficient to undermine inferences that play a crucial role in ordinary moral reasoning. If cogent, our argument suffices to discredit sceptical theist responses to evidential arguments from evil.

What justifies practices of “standing”? Numerous everyday practices exhibit the normativity of standing: forbidding certain interventions and permitting ignoring them. The normativity of standing is grounded in facts about the person intervening and not on the validity of her intervention. When valid, directives are reasons to do as directed. When interventions take the form of directives, standing practices may permit excluding those directives from one’s practical deliberations, regardless of their validity or normative weight. Standing practices are, therefore, puzzling – forbidding (...) giving reasons and, if given, permitting disregarding such reasons. What justifies standing practices are the values that they protect, including privacy, autonomy, independence, valuable relationships, and equal respect. These values count in favor of standing’s duty against certain interventions and, when these duties of non-intervention are breached, the values underpinning those duties count in favor of standing’s permission to discount or exclude those interventions from one’s practical deliberations – the normative weight of those interventions notwithstanding. (shrink)

Various psychopathologies of self-awareness, such as somatoparaphrenia and thought insertion in schizophrenia, might seem to threaten the viability of the higher-order thought (HOT) theory of consciousness since it requires a HOT about one’s own mental state to accompany every conscious state. The HOT theory of consciousness says that what makes a mental state a conscious mental state is that there is a HOT to the effect that “I am in mental state M” (Rosenthal 2005, Gennaro 2012). In a previous publication (...) (Gennaro 2015), I argued that a HOT theorist can adequately respond to this concern with respect to somatoparaphrenia. Somatoparaphrenia is a “depersonalization disorder” which is characterized by the sense of alienation from parts of one’s body. It is a bizarre type of body delusion where one denies ownership of a limb or an entire side of one’s body. My focus in the chapter, however, is on “inserted thoughts” which is a common symptom of schizophrenia, although it will also be useful to contrast it with somatoparaphrenia. Schizophrenia is a mental disorder which most commonly manifests itself through auditory hallucinations, paranoid or bizarre delusions, or disorganized speech and thinking. Thought insertion is the delusion that some thoughts are not “one’s own” in some sense or are somehow being inserted into one’s mind by someone else. Graham and Stephens (2000), for example, have suggested that thought insertion should be understood as alienated self-consciousness or meta-representation. I argue that HOT theory has nothing to fear from this phenomenon either and can consistently explain what happens in this admittedly unusual case. (shrink)

Decision-making under normative uncertainty requires an agent to aggregate the assessments of options given by rival normative theories into a single assessment that tells her what to do in light of her uncertainty. But what if the assessments of rival theories differ not just in their content but in their structure -- e.g., some are merely ordinal while others are cardinal? This paper describes and evaluates three general approaches to this "problem of structural diversity": structural enrichment, structural depletion, and multi-stage (...) aggregation. All three approaches have notable drawbacks, but I tentatively defend multi-stage aggregation as least bad of the three. (shrink)

In 'Perceptual Entitlement' (PPR 2003), Tyler Burge argues that on his teleological reliabilist account of perceptual warrant, warrant will persist in non-normal conditions, even radical skeptical scenarios like demon worlds. This paper explains why Burge's explanation falls short. But if we distinguish two grades of warrant, we can explain, in proper functionalist, teleological reliabilist terms, why warrant should persist in demon worlds. A normally functioning belief-forming process confers warrant in all worlds, provided it is reliable in normal conditions when functioning (...) normally. The first grade requires normal functioning. The second grade also requires being situated in normal conditions. (shrink)

A prominent view holds that perception and memory are distinguished at least partly by their temporal orientation: Perception functions to represent the present, while memory functions to represent the past. Call this view perceptual presentism. This chapter critically examines perceptual presentism in light of contemporary perception science. I adduce evidence for three forms of perceptual sensitivity to the past: (i) shaping perception by past stimulus exposure, (ii) recruitment of mnemonic representations in perceptual processing, and (iii) perceptual representation of present objects (...) as possessing past properties. I argue that forms (i) and (ii) are consistent with perceptual presentism, while form (iii) poses a genuine threat to the view. While the empirical case for form (iii) remains inconclusive, I suggest that the most serious challenges to perceptual presentism derive from representations that integrate mnemonic and present-tensed elements in the performance of canonical perceptual functions, such as perceiving object continuity over time. (shrink)

Intersectionality has utilized various feminist theories that continue subculture of violence thinking about Black men and boys. While intersectional feminists often claim that intersectionality leads to a clearer social analysis of power and hierarchies throughout society and within groups, the categories and claims of intersectionality fail to distinguish themselves from previously racist theories that sought to explain race, class, and gender, based on subcultural values. This article is the first to interrogate the theories used to construct the gendered categories and (...) the assumptions behind Black male positionality under intersectional analyses. Contrary to its promises for more liberated Black identities, intersectionality merely replicates the pseudo-science of racist criminology and presents decades old theories as cutting-edge gender analyses. In short, while intersectionality has allowed Black women to create nuanced experiences and epistemological accounts of Black womanhood, the very same theory has confined Black male experience to the perpetration of violence and defined Black manhood as lesser—merely the exemplification of white masculinity’s pathological excess. (shrink)

A theory of the first-person plural occupies a unique place in philosophical investigations into intersubjectivity and social cognition. In order for the referent of the first-person plural—“the We”—to come into existence, it seems there must be a shared ground of communicative possibility, but this requires a non-circular explanation of how this ground could be shared in the absence of a pre-existing context of communicative conventions. Margaret Gilbert’s and John Searle’s theories of collective intentionality capture important aspects of the We, but (...) fail to fully account for this shared ground of communicative possibility. This paper argues that Merleau-Ponty’s concept of intercorporeity helps reconcile the positive aspects of these accounts while also explaining how the genesis of the social world is continuous with perceptual life in general. This enables an account of the first-person plural as dependent on reciprocal communicative interaction without the need to posit a primitive or primordial “we-mode” of consciousness. “Intercorporeity” designates a bodily openness to others that is not fundamentally different in kind from the general style of bodily comportment found in Merleau-Ponty’s rich analyses of perceptual life. (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)

The recent distribution of nude photos of a number of high profile Hong Kong celebrities has provoked intense discussion about the state of Hong Kong's obscenity and indecency laws. In this paper, I argue that Hong Kong's laws prohibiting the transfer of obscene and indecent information and images between consenting adults are both under-inclusive and over-inclusive. The Control of Obscene and Indecent Articles Ordinance is under-inclusive in that it does not adequately criminalise grave violations of privacy. It is also over-inclusive (...) because it is a blanket prohibition against the transfer by all parties (including consenting adults) of all forms of obscene and indecent materials. The laws unnecessarily violate the free expression rights of both the producer and consenting viewer of the offensive materials. The producer/publisher of such materials does not harm his or her audience as they willingly view such materials. The justification for maintaining a blanket prohibition against all transfers of such materials is invalid and utterly and totally out of touch with modern life in Hong Kong. The proponents of such laws have used Victorian positive morality considerations to justify continued criminalisation. These laws should be abrogated and replaced with a new piece of legislation that is narrowly tailored to deal with those types of offensive displays that are wrongful in a critical rather than a mere positive morality sense. Criminalisation should be limited to those offences that target children or use children in the production process, violate the rights of non-consenting adult audiences not to receive certain intimate information in certain public contexts, and violate privacy rights by publishing a person's private and intimate information without consent. If x obtains y's profoundly private information and publishes it without y's consent, then x violates y's privacy rights in a grave way. The violation in the right circumstances will justify a criminal law response rather than a mere civil law response. Similarly, if x and y copulate on a public bus they subject the captive audience to an offensive display which violates the non-consenting audience's right not to receive certain intimate information. I argue below that these types of privacy violations give the lawmaker a legitimate justification for invoking the criminal law. (shrink)