In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather (...) than simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...) v Edmondson SKQB (2003). Both were sexual assault cases. In George a thirty-five year old woman with five children was tried and ultimately acquitted of sexual assault and sexual interference after she was assaulted in her home by a fourteen year old male. Striking similarities between the reasoning and language in the trial decision in George and the sentencing decision in Edmondson demonstrate entrenched antipathy for sexual assault law and the fundamental principles of justice, equality, and impartiality. This is arguably judicial misconduct, persisting despite access in the interim to many years of judicial education programming, not merely legal error. The problem does not lie with the judge alone, however. A toxic mix of misogyny and blindly zealous enforcement of the law appears to have undermined the administration of justice in George from the outset at all levels. The problems are systemic. Were this not the case, it is likely that Barbara George would not have been charged. (shrink)

We present epistemic multilateral logic, a general logical framework for reasoning involving epistemic modality. Standard bilateral systems use propositional formulae marked with signs for assertion and rejection. Epistemic multilateral logic extends standard bilateral systems with a sign for the speech act of weak assertion (Incurvati and Schlöder 2019) and an operator for epistemic modality. We prove that epistemic multilateral logic is sound and complete with respect to the modal logic S5 modulo an appropriate translation. The logical framework developed provides the (...) basis for a novel, proof-theoretic approach to the study of epistemic modality. To demonstrate the fruitfulness of the approach, we show how the framework allows us to reconcile classical logic with the contradictoriness of so-called Yalcin sentences and to distinguish between various inference patterns on the basis of the epistemic properties they preserve. (shrink)

This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether (...) a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by s. 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded on their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable” given what the accused knew, the legal definition of consent in section 273.1 is easily over-looked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. -/- That is precisely what we see here; the result is often failure to enforce the law. The author proposes: -/- (a) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and -/- (b) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent. (shrink)

This paper examines the debate between permissive and impermissive forms of Bayesianism. It briefly discusses some considerations that might be offered by both sides of the debate, and then replies to some new arguments in favor of impermissivism offered by Roger White. First, it argues that White’s (Oxford studies in epistemology, vol 3. Oxford University Press, Oxford, pp 161–186, 2010) defense of Indifference Principles is unsuccessful. Second, it contends that White’s (Philos Perspect 19:445–459, 2005) arguments against permissive views do not (...) succeed. (shrink)

It has become customary to conceptualize the living cell as an intricate piece of machinery, different to a man-made machine only in terms of its superior complexity. This familiar understanding grounds the conviction that a cell's organization can be explained reductionistically, as well as the idea that its molecular pathways can be construed as deterministic circuits. The machine conception of the cell owes a great deal of its success to the methods traditionally used in molecular biology. However, the recent introduction (...) of novel experimental techniques capable of tracking individual molecules within cells in real time is leading to the rapid accumulation of data that are inconsistent with an engineering view of the cell. This paper examines four major domains of current research in which the challenges to the machine conception of the cell are particularly pronounced: cellular architecture, protein complexes, intracellular transport, and cellular behaviour. It argues that a new theoretical understanding of the cell is emerging from the study of these phenomena which emphasizes the dynamic, self-organizing nature of its constitution, the fluidity and plasticity of its components, and the stochasticity and non-linearity of its underlying processes. (shrink)

This paper offers both a theoretical and an experimental perspective on the relationship between connectionist and Classical (symbol-processing) models. Firstly, a serious flaw in Fodor and Pylyshyn’s argument against connectionism is pointed out: if, in fact, a part of their argument is valid, then it establishes a conclusion quite different from that which they intend, a conclusion which is demonstrably false. The source of this flaw is traced to an underestimation of the differences between localist and distributed representation. It has (...) been claimed that distributed representations cannot support systematic operations, or that if they can, then they will be mere implementations of traditional ideas. This paper presents experimental evidence against this conclusion: distributed representations can be used to support direct structure-sensitive operations, in a man- ner quite unlike the Classical approach. Finally, it is argued that even if Fodor and Pylyshyn’s argument that connectionist models of compositionality must be mere implementations were correct, then this would still not be a serious argument against connectionism as a theory of mind. (shrink)

In a friendly interdisciplinary debate, we interrogate from several vantage points the question of “personhood” in light of contemporary and near-future forms of social AI. David J. Gunkel approaches the matter from a philosophical and legal standpoint, while Jordan Wales offers reflections theological and psychological. Attending to metaphysical, moral, social, and legal understandings of personhood, we ask about the position of apparently personal artificial intelligences in our society and individual lives. Re-examining the “person” and questioning prominent construals of that category, (...) we hope to open new views upon urgent and much-discussed questions that, quite soon, may confront us in our daily lives. (shrink)

Many philosophers hold that ‘one-instant worlds’—worlds that contain a single instant—fail to contain time. We experimentally investigate whether these worlds satisfy the folk concept of time. We found that ~50% of participants hold that there is time in such worlds. We argue that this suggests one of two possibilities. First, the population disagree about whether at least one of the A-, B-, or C-series is necessary for time, with there being a substantial sub-population for whom the presence of neither an (...) A-, B-, nor C-series, is necessary for time, and hence those folk have a radically more minimal concept of time than has been attributed to them by philosophers. Or, second, the population do not disagree about whether at least one of the A-, B-, or C-series is necessary for time, but disagree about what it takes for a world to fail to contain even a C-series. (shrink)

Trope theory is a leading metaphysical theory in analytic ontology. One of its classic statements is found in the work of Donald C. Williams who argued that tropes qua abstract particulars are the very alphabet of being. The concept of an abstract particular has been repeatedly attacked in the literature. Opponents and proponents of trope theory alike have levelled their criticisms at the abstractness of tropes and the associated act of abstraction. In this paper I defend the concept of a (...) trope qua abstract particular by rejecting arguments that purport to show that tropes should not be understood as abstract and by arguing that the abstractness of tropes plays an indispensable role in one of our more promising trope-theoretic analyses of universals and of concrete objects. (shrink)

We present an inferentialist account of the epistemic modal operator might. Our starting point is the bilateralist programme. A bilateralist explains the operator not in terms of the speech act of rejection ; we explain the operator might in terms of weak assertion, a speech act whose existence we argue for on the basis of linguistic evidence. We show that our account of might provides a solution to certain well-known puzzles about the semantics of modal vocabulary whilst retaining classical logic. (...) This demonstrates that an inferentialist approach to meaning can be successfully extended beyond the core logical constants. (shrink)

In this article, we propose the Fair Priority Model for COVID-19 vaccine distribution, and emphasize three fundamental values we believe should be considered when distributing a COVID-19 vaccine among countries: Benefiting people and limiting harm, prioritizing the disadvantaged, and equal moral concern for all individuals. The Priority Model addresses these values by focusing on mitigating three types of harms caused by COVID-19: death and permanent organ damage, indirect health consequences, such as health care system strain and stress, as well as (...) economic destruction. It proposes proceeding in three phases: the first addresses premature death, the second long-term health issues and economic harms, and the third aims to contain viral transmission fully and restore pre-pandemic activity. -/- To those who may deem an ethical framework irrelevant because of the belief that many countries will pursue "vaccine nationalism," we argue such a framework still has broad relevance. Reasonable national partiality would permit countries to focus on vaccine distribution within their borders up until the rate of transmission is below 1, at which point there would not be sufficient vaccine-preventable harm to justify retaining a vaccine. When a government reaches the limit of national partiality, it should release vaccines for other countries. -/- We also argue against two other recent proposals. Distributing a vaccine proportional to a country's population mistakenly assumes that equality requires treating differently situated countries identically. Prioritizing countries according to the number of front-line health care workers, the proportion of the population over 65, and the number of people with comorbidities within each country may exacerbate disadvantage and end up giving the vaccine in large part to wealthy nations. (shrink)

This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...) worldwide phenomena, the international scholarly literature reflects limited awareness of these developments in Canadian law. This article remedies that gap in the literature. The Canadian experience with the definition of sexual consent as communicated “voluntary agreement” demonstrates the value of this conceptualization of consent; the definition provides a well-defined set of nondiscretionary reference points for legal analysis of the facts in sexual assault offenses. The effect is to facilitate effective enforcement of the sexual assault laws and affirm the right to sexual autonomy, sexual self-determination, and equality, consistent with fundamental principles of individual human rights. For all these reasons, familiarity with the Canadian experience may be useful to those engaged with the reform of rape and sexual assault laws in other jurisdictions. (shrink)

Philosophers have long noted, and empirical psychology has lately confirmed, that most people are “biased toward the future”: we prefer to have positive experiences in the future, and negative experiences in the past. At least two explanations have been offered for this bias: belief in temporal passage and the practical irrelevance of the past resulting from our inability to influence past events. We set out to test the latter explanation. In a large survey, we find that participants exhibit significantly less (...) future bias when asked to consider scenarios where they can affect their own past experiences. This supports the “practical irrelevance” explanation of future bias. It also suggests that future bias is not an inflexible preference hardwired by evolution, but results from a more general disposition to “accept the things we cannot change”. However, participants still exhibited substantial future bias in scenarios in which they could affect the past, leaving room for complementary explanations. Beyond the main finding, our results also indicate that future bias is stake-sensitive and that participants endorse the normative correctness of their future-biased preferences and choices. In combination, these results shed light on philosophical debates over the rationality of future bias, suggesting that it may be a rational response to empirical realities rather than a brute, arational disposition. (shrink)

Moral perceptualism is the theory that perception and perceptual experience is attuned to moral features in our environment. This idea has received renewed attention in the last 15–20 years, for its potential to do theoretical work in moral epistemology and moral psychology. In this paper, I review the main motivations and arguments for moral perceptualism, the variety of theories that go under the heading of “moral perception,” and the three biggest challenges to moral perception. https://youtu.be/9cc_1zykq80.

Many believe that objective morality requires a theistic foundation. I maintain that there are sui generis objective ethical facts that do not reduce to natural or supernatural facts. On my view, objective morality does not require an external foundation of any kind. After explaining my view, I defend it against a variety of objections posed by William Wainwright, William Lane Craig, and J. P. Moreland.

The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific changes (...) in decision-making processes and practices. These changes are required to achieve a standard of decision-making that is consistent with the public interest in the administration of justice within a constitutional framework under the social and political conditions of the early 21st century. The essay illustrates the application of the principles and methods of legitecture to analysis of problems of institutional design in law. (shrink)

MILLIANISM and DESCRIPTIVISM are without question the two most prominent views with respect to the semantics of proper names. However, debates between MILLIANS and DESCRIPTIVISTS have tended to focus on a fairly narrow set of linguistic data and an equally narrow set of problems, mainly how to solve with Frege's puzzle and how to guarantee rigidity. In this article, the author focuses on a set of data that has been given less attention in these debates—namely, so-called predicative uses, bound uses, (...) and shifted uses of names. The author first shows that these data points seem to favor a DESCRIPTIVIST view over a MILLIAN view, but the author then introduces an alternative view of names that not only provides a simple and elegant way of dealing with the data, but also retains rigidity without becoming subject to the problems raised by Frege's puzzle. This is the view that names are variables, also called VARIABILISM. (shrink)

It is almost unanimously accepted that Kant denies resultant moral luck—that is, he denies that the lucky consequence of a person’s action can affect how much praise or blame she deserves. Philosophers often point to the famous good will passage at the beginning of the Groundwork to justify this claim. I argue, however, that this passage does not support Kant’s denial of resultant moral luck. Subsequently, I argue that Kant allows agents to be morally responsible for certain kinds of lucky (...) consequences. Even so, I argue that it is unclear whether Kant ultimately endorses resultant moral luck. The reason is that Kant does not write enough on moral responsibility for consequences to determine definitively whether he thinks that the lucky consequence for which an agent is morally responsible can add to her degree of praiseworthiness or blameworthiness. The clear upshot, however, is that Kant does not deny resultant moral luck. (shrink)

Abstract— This study aimed to identify the degree of use of the capabilities of decision-support systems in Palestinian institutions higher education, Aqsa University in Gaza - a case study. The study used a analytical descriptive approach, and the researchers used the of questionnaire tool to collect the data, the researchers using stratified random sample distributed (150) questioners to the study population and (126) was obtained back with rate of 84%. The study showed that the most important results are: that senior (...) management supports the existence of decision support systems and that there is approval by the respondents on the paragraphs of the use of the capabilities of decision support systems in general. And that there are no significant differences between the averages of the answers of respondents differences about the degree of use of decision support systems capabilities attributed to personal data. The study also concluded a series of recommendations including: increasing the adoption of the senior management decision support in their decision-making systems. And increased regulatory attention to the potential available to decision support systems directly to the senior management in the Palestinian universities in the Gaza Strip. There is an increased interest in the physical and technical possibilities available for the use of decision support systems. There is an increased interest in human potential available for the use of decision support systems. Investment of information available to universities in building the capacities of integration techniques and other information technology capabilities. The empowerment of human resources in universities and participating in making decisions concerning the construction of the capabilities of information technology. (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)

While first-person methods are essential for a science of consciousness, it is controversial what form these methods should take and whether any such methods are reliable. I propose that first-person experiments are a reliable method for investigating conscious experience. I outline the history of these methods and describe their characteristics. In particular, a first-person experiment is an intervention on a subject's experience in which independent variables are manipulated, extraneous variables are held fixed, and in which the subject makes a phenomenal (...) judgement about the target experience of the investigation. I examine historical and contemporary examples of first-person experiments: Mariotte’s demonstration of the visual blind spot, Kanizsa’s subjective contours, the Tse Illusion, and investigations of the non-uniform resolution of the visual field. I discuss the role that phenomenal contrast plays in these methods, and how they overcome typical introspective errors. I argue that their intersubjective repeatability is an important factor in their scientific status, however, it is not the only factor. That they control for extraneous factors and confounds is another factor which sets them apart from pseudoscience (e.g., the perception of auras), and hence another reason for classifying them as genuine experiments. Furthermore, by systematically mapping out the structure of visual experience, these methods make scientific progress. Praises of such first-person experimental approaches may not always be sung by philosophers and psychologists, but they continue to flourish as respectable scientific methods nevertheless. (shrink)

The exculpatory rhetorical power of the term “honest belief” continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a “belief” in consent was or was not reckless or wilfully blind. An accused's “honest belief” routinely begs this question, leading to a truncated analysis of criminal (...) responsibility, and error. The problem illustrates how easily old rhetoric perpetuates assumptions that no longer have a place in Canadian law. (shrink)

This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is a collective societal (...) responsibility, the individual cannot be justly rewarded or punished for his or her choices with respect to life, well-being and essential commodities insofar as these choices are justified or excused by standards of substantive justice. Societal conditions and institutional arrangements should be recognized as grounds for justification and excuse because they may impose limits and constraints on the choices available to an individual that are as unavoidable and compelling as those imposed by chance or by another human being. (shrink)

Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations.

The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...) sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

The practice of screening potential users of reproductive services is of profound social and political significance. Access screening is inconsistent with the principles of equality and self-determination, and violates individual and group human rights. Communities that strive to function in accord with those principles should not permit access screening, even screening that purports to be a benign exercise of professional discretion. Because reproductive choice is controversial, regulation by law may be required in most jurisdictions to provide effective protection for reproductive (...) rights. In Canada, for example, equal access can, and should be, guaranteed by federal regulations imposing strict conditions on the licences of fertility clinics. (shrink)

This paper develops a philosophical account of moral disruption. According to Robert Baker (2013), moral disruption is a process in which technological innovations undermine established moral norms without clearly leading to a new set of norms. Here I analyze this process in terms of moral uncertainty, formulating a philosophical account with two variants. On the Harm Account, such uncertainty is always harmful because it blocks our knowledge of our own and others’ moral obligations. On the Qualified Harm Account, there is (...) no harm in cases where moral uncertainty is related to innovation that is “for the best” in historical perspective, or where uncertainty is the expression of a deliberative virtue. The two accounts are compared by applying them to Baker’s historical case of the introduction of mechanical ventilation and organ transplantation technologies, as well as the present-day case of mass data practices in the health domain. (shrink)

Evolutionary developmental biology represents a paradigm shift in the understanding of the ontogenesis and evolutionary progression of the denizens of the natural world. Given the empirical successes of the evo-devo framework, and its now widespread acceptance, a timely and important task for the philosophy of biology is to critically discern the ontological commitments of that framework and assess whether and to what extent our current metaphysical models are able to accommodate them. In this paper, I argue that one particular model (...) is a natural fit: an ontology of dispositional properties coherently and adequately captures the crucial casual-cum-explanatory role that the fundamental elements of evo-devo play within that framework. (shrink)

This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and extensive (...) interviews with individuals drawn from government, agencies, and other parties, including counsel for public interest groups. This enables author, writing from her experience as a participant-observer embedded in the public interest legal sector, to draw on the experiences and perspectives of a broad range of participants in the regulatory process, including but not limited to those dealing with the regulated energy, transportation, communications, and foreign investment sectors. Legal principles identified as emergent in leading judicial decisions in administrative law are used to assess the powers and practices used in executive reviews and appeals. The author finds those powers and practices to be flawed and proposes changes. The proposed models are designed to accord with emerging legal principles and avoid flaws of the types identified in the review and appeal provisions. This work, written under contract with the Administrative Law Project of the Law Reform Commission of Canada, formed one part of a comprehensive study of administrative law at the federal level in Canada. (shrink)

A naturalistic theory of intentionality is proposed that differs from previous evolutionary and tracking theories. Full-blown intentionality is constructed through a series of evolvable refinements. A first, minimal version of intentionality originates from a conjectured internal process that estimates an organism’s own fitness and that continually modifies the organism. This process produces the directedness of intentionality. The internal estimator can be parsed into intentional components that point to components of the process that produces fitness. It is argued that such intentional (...) components can point to mistaken or non-existing entities. Different Fregian senses of the same reference correspond to different components that have different roles in the estimator. Intentional components that point to intentional components in other organisms produce directedness towards semi-abstract entities. Finally, adding a general, population-wide means of communication enables intentional components that point to fully abstract entities. Intentionality thus naturalized has all of its expected properties: being directed; potentially making errors; possibly pointing to non-existent, abstract, or rigid entities; capable of pointing many-to-one and one-to-many; distinguishing sense and reference; having perspective and grain; and having determinate content. Several examples, such as ‘swampman’ and ‘brain-in-a-vat’, illustrate how the theory can be applied. (shrink)

This dissertation engages in a critical analysis of the work of Adolf Reinach in the theory of knowledge and legal philosophy. Reinach had trained as a lawyer and brought that perspective and experience to bear in his phenomenological work on problems in evidence and legal philosophy. His contributions to phenomenology in the early 20th century provide a window into the earliest phases of the development of the phenomenological movement, prior to World War I. This dissertation locates this work in the (...) European intellectual context of the era and finds analogies with key philosophical dilemmas and developments in England during the same period, arguably ones with shared intellectual roots. Valued for his talent as an inspiring university lecturer, Reinach was a central figure in the circle of young scholars who practiced phenomenology in the spirit of the "early" "pre-Ideen" phase of phenomenology. The dissertation Appendices include translations of selected excerpts from the Nachlass. My translation of the obituary Edmund Husserl wrote and published following Adolf Reinach's death in WWI is published separately. Professor Raymond Klibansky was my supervisor and mentor throughout. (shrink)

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length (...) in “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

In 'The Reference Book' (2012), Hawthorne and Manley observe the following contrast between (1) and (2): -/- (1) In every race John won. (2) In every race, the colt won. -/- The name 'John' in (1) must intuitively refer to the same single individual for each race. However, the description 'the colt' in (2) has a co-varying reading, i.e. a reading where for each race it refers to a different colt. This observation is a prima facie problem for proponents of (...) so-called The-Predicativism which is the view that the name in (1) is really a covert definite description, viz. 'the John'. If the The-Predicativism is correct, (1) and (2) are therefore syntactically equivalent, but this makes it mysterious why only (2) would have a co-varying reading. In a recent paper, Fara (2015) argues that there is a simple and elegant way for proponents of The-Predicativism to explain this contrast. This explanation relies on discerning some subtle syntactic differences between (1) and (2) which in turn are based on assumptions about nominal restrictions a la Stanley and Szabó (2000). In this short paper, I demonstrate that Fara's proposed explanation has a variety of serious shortcomings and hence that the contrast between (1) and (2) remains a significant problem for Predicativism. (shrink)

In this chapter, we consider ethical and philosophical aspects of trust in the practice of medicine. We focus on trust within the patient-physician relationship, trust and professionalism, and trust in Western (allopathic) institutions of medicine and medical research. Philosophical approaches to trust contain important insights into medicine as an ethical and social practice. In what follows we explain several philosophical approaches and discuss their strengths and weaknesses in this context. We also highlight some relevant empirical work in the section on (...) trust in the institutions of medicine. It is hoped that the approaches discussed here can be extended to nursing and other topics in the philosophy of medicine. (shrink)

Trust should be able to explain cooperation, and its failure should help explain the emergence of cooperation-enabling institutions. This proposed methodological constraint on theorizing about trust, when satisfied, can then be used to differentiate theories of trust with some being able to explain cooperation more generally and effectively than others. Unrestricted views of trust, which take trust to be no more than the disposition to rely on others, fare well compared to restrictive views, which require the trusting person to have (...) some further attitude in addition to this disposition. The same methodological constraint also favours some restrictive views over others. (shrink)

Background: Moral Growth Mindset (MGM) is a belief about whether one can become a morally better person through efforts. Prior research showed that MGM is positively associated with promotion of moral motivation among adolescents and young adults. We developed and tested the English version of the MGM measure in this study with data collected from college student participants. Methods: In Study 1, we tested the reliability and validity of the MGM measure with two-wave data (N = 212, Age mean = (...) 24.18 years, SD = 7.82 years). In Study 2, we retested the construct validity of the MGM measure once again and its association with other moral and positive psychological indicators to test its convergent and discriminant validity (N = 275, Age mean = 22.02 years, SD = 6.34 years). Results: We found that the MGM measure was reliable and valid from Study 1. In Study 2, the results indicated that the MGM was well correlated with other moral and positive psychological indicators as expected. Conclusions: We developed and validated the English version of the MGM measure in the present study. The results from studies 1 and 2 supported the reliability and validity of the MGM measure. Given this, we found that the English version of the MGM measure can measure one’s MGM as we intended. (shrink)

This is the introduction to Seeing Wittgenstein Anew, eds. William Day & Victor J. Krebs (Cambridge UP, 2010), a collection of essays on Ludwig Wittgenstein's remarks on aspect-seeing. Section 1: Why Seeing Aspects Now?; Section 2: The Importance of Seeing Aspects; Section 3: The Essays. (The front matter to Seeing Wittgenstein Anew appears above under "Books.").

A collection of original and innovative essays that compare the justice issues raised by climate engineering to the justice issues raised by competing approaches to solving the climate problem.

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)

Theories that use expected utility maximization to evaluate acts have difficulty handling cases with infinitely many utility contributions. In this paper I present and motivate a way of modifying such theories to deal with these cases, employing what I call “Direct Difference Taking”. This proposal has a number of desirable features: it’s natural and well-motivated, it satisfies natural dominance intuitions, and it yields plausible prescriptions in a wide range of cases. I then compare my account to the most plausible alternative, (...) a proposal offered by Arntzenius :31–58, 2014). I argue that while Arntzenius’s proposal has many attractive features, it runs into a number of problems which Direct Difference Taking avoids. (shrink)

The author examines two proposals to expand legal recognition of individual control over physical integrity. Protections for individual autonomy are discussed in relation to the right to die, euthanasia, medical treatment, and consensual and assaultive sexual behaviours. The author argues that at present, the legal doctrine of consent protects only those individual preferences which are seen to be congruent with dominant societal values; social preferences and convenience override all other individual choices. Under these conditions, more freedom to waive rights of (...) physical integrity can only place socially vulnerable persons at great risk of abuse. (shrink)

Turner argues that computer programs must have purposes, that implementation is not a kind of semantics, and that computers might need to understand what they do. I respectfully disagree: Computer programs need not have purposes, implementation is a kind of semantic interpretation, and neither human computers nor computing machines need to understand what they do.

This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific (...) person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well -- acquaintances, supervisors or co-workers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges, to truncate legal analysis of the facts and leap to erroneous conclusions about “consent.” Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of pre-judgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used. (shrink)

This is a review and critical commentary on Michael Plaxton's 2015 book, Implied Consent and Sexual Assault, in which he proposes that the legal definition of sexual consent be amended to permit sexual partners to define the terms and conditions of sexual consent in accordance with private "normative commitments" between themselves. The proposed "reform" is intended to permit an individual to agree to be a party to sexual activity that would otherwise constitute sexual assault under Canadian law. For reasons explained (...) in the review, this reviewer concludes that Plaxton's proposal and the rationale he presents in support of its adoption are unpersuasive. (shrink)

Possible worlds models of belief have difficulties accounting for unawareness, the inability to entertain (and hence believe) certain propositions. Accommodating unawareness is important for adequately modelling epistemic states, and representing the informational content to which agents have in principle access given their explicit beliefs. In this paper, I develop a model of explicit belief, awareness, and informational content, along with an sound and complete axiomatisation. I furthermore defend the model against the seminal impossibility result of Dekel, Lipman and Rustichini, according (...) to which three intuitive conditions preclude non-trivial unawareness on any possible worlds model of belief. (shrink)

In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the (...) record, this paper: (1) examines relationships between legal errors dealing with availability of the defence of “belief in consent” and interpretation of the “all reasonable steps” provision, the need for retrials, and apprehended race-gender-age bias and discrimination; and 2) proposes incremental and systemic remedies to address the weaknesses in police, prosecutorial and judicial policy and practice highlighted by this case. (shrink)