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 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 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)

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)

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)

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)

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)

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)

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)

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)

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)

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.

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)

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)

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 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)

This thesis (110 pages) was submitted in March 1970 in partial fulfillment of the requirements for the degree of Master of Arts. The work was supervised by Professor Raymond Klibansky, McGill University.

We aimed to identify the critical insights from empirical peer-reviewed studies on online romance fraud published between 2000 and 2021 through a systematic literature review using the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) protocol. The corpus of studies that met our inclusion criteria comprised twenty-six studies employing qualitative (n = 13), quantitative (n = 11), and mixed (n = 2) methods. Most studies focused on victims, with eight focusing on offenders and fewer investigating public perspectives. All the (...) victim-focused studies relied on data from the Global North, except for Malaysia. Five offender-focused studies used online data available in the public domain, and three derived their data from West Africa. Our review highlights offenders' techniques to deceive and manipulate victims, as revealed in these studies, and highlights some limitations of offender- and victim-focused studies. The dominant framework used across the studies was found to be the “Scammers Persuasive Techniques Model.” While this framework provides a helpful way of considering the stages of victim involvement, it also faces some limitations, which we highlight. Our study reviews the current state of empirical knowledge on romance fraud and identifies certain gaps and biases in the literature. We argue there is a need for further research into online romance fraud to enhance our understanding of it both from the perspective of the offender as well as the experience of the victim. We also highlight the need for a more inclusive and greater range of regional and global diverse range of data sources and perspectives. Given the scale and impact of online romance fraud, we conclude that its study would benefit from a richer empirical engagement that recognizes it as both a regional and global phenomenon. (shrink)

Understanding the relationship between wilderness outings and the resulting experience has been a central theme in resource-based, outdoor recreation research for nearly 50 years. The authors provide a review and synthesis of literature that examines how people, over time, build relationships with wilderness places and express their identities as consequences of multiple, ongoing wilderness engagements (i.e., continued participation). The paper reviews studies of everyday places and those specifically protected for wilderness and backcountry qualities. Beginning with early origins and working through (...) contemporary research the authors synthesize what diverse social scientists have learned about the long-term and continual nature of wilderness participation and its impact on the formation of identity. The thrust of the paper points researchers, planners, and managers in non-traditional directions and reframes goals and objectives for visitor planning and management in wilderness and other protected areas. (shrink)

In this paper I identify and respond to four persistent objections to the idea of wilderness: empirical, cultural, philosophical and environmental. Despite having dogged the wilderness debate for decades, none of these objections withstands scrutiny; rather they are misplaced criticisms that hinder fruitful discussion of the philosophical ramifications of wilderness by needlessly complicating the idea itself. While there may be other justifiable concerns about the idea of wilderness, it is time to move beyond the four discussed in this paper.

"Wilderness" is a concept which has undergone a radical change in recent years. Owing to the scale of global destruction of the wilderness and its various ecosystems, the idea of wilderness has been transformed from its original negative sense as an Other into a matter of public concern. This as replaced the understanding of "wilderness " not only as a place but as a category closely linked with the development of buman culture. As the result of human practice and representation, (...) nature is thus also political Models and concepts of nature in the creative arts can be indicative of a certain culture's relationship with nature, as they communicate prevailing ideologies. This is particularly pertinent to concepts of nature in Canada where wilderness includes vast tracts of forests, lakes and an Arctic North, which has led to a distinctively Canadian relationship between Canadians and their natural environment. The change in the literary representations of interactions between humankind and environment in Canadian fiction - from the "double vision" resulting from the view of the wilderness both as a threatening Other and free space; to the view of threatened nature as a means of identification; and, finally, as a post-modem place of transgression and possibility - invites questions about both the semiotic threshold between nature and culture, and about the function of boundaries in the constitution of identity. (shrink)

Few debates in environmental philosophy have been more heated than the one over the nature of wilderness. And yet, when one surveys the present scene, one finds that a variety of different conceptions of wilderness are still quite popular – some more so in certain professions than others. In this paper, I look at three popular conceptions of wilderness with an eye toward sussing out the good and the bad them. I look at what I call (1) the folk view (...) of wilderness, (2) Leopold’s conception of wilderness, and (3) the legal conception of wilderness (as found in the Wilderness Act of 1964). In the final part of the paper, I sketch out a sort of spectrum account of wilderness, one that I argue allows us to capture more cases of wilderness and might serve as a useful tool in future conservation efforts. (shrink)

Even with the very best intentions , Western culture’s approach to wilderness and wildness, the otherness of nature, tends to be one of imperialistic domination and appropriation. Nevertheless, in spite of Western culture’s attempt to gain total control over nature by imprisoning wildness in wilderness areas, which are meant to be merely controlled “simulations” of wildness, a real wildness, a real otherness, can still be found in wilderness reserves . This wildness can serve as the literal ground for the subversion (...) of the imperium, and consequently as the basis for the practical establishment of and residence in what WendeII Berry has called the “landscape of harmony.” Here all land becomes wild sacred space that humans consciously come to reinhabit. In this subversive potential lies the most fundamental justification for the legal establishment of wilderness reserves. (shrink)

In recent years, the notion of wilderness has been roundly criticized by several prominent environmental philosophers and historians. They argue that the “received wilderness idea” is dualistic, ethnocentric, and static. According to these critics, this idea of wilderness finds clear expression in the Wilderness Act of 1964. However, the idea of wilderness so ably deconstructed by its critics bears little resemblance to the understanding of wilderness presented in the Wilderness Act. The critics assume a backward-looking, purity-based definition of wilderness that (...) runs counter to the forward-looking, relativistic interpretation of the Wilderness Act that has guided and informed subsequent wilderness legislation, management, and visitation. Under the Wilderness Act, wilderness designation is less a matter of preserving remnants of “pristine” nature than establishing a covenant between humans and a particular place. Wilderness areas, so conceived, serve as potential sabbath places, whose ultimate significance is best understood in terms of their mutually informing relationship to the places where we live and work. Rather than detracting from our efforts to inhabit the Earth in more creative and sustainable ways, wilderness represents a vital part of larger landscapes of human inhabitation characterized by a diverse mixture of human-nature relational patterns. (shrink)

Captured in narrative textual form through open-ended and tape-recorded interview conversations, visitor experience was interpreted to construct a description of visitors' relationships to place while at the same time providing insights for those who manage the national park. Humans are conceived of as meaning-makers, and outdoor recreation is viewed as emergent experience that can enrich peoples' lives rather than a predictable outcome of processing information encountered in the setting. This process-oriented approach positions subjective well-being and positive experience in the ongoing (...) processes and activities that comprise our life pursuits rather than in particular end states toward which behaviors might be directed as in the case of end state frameworks. Several themes emerged in the interpretation across narratives including a relationship of stewardship/sense of respectful mitigation, socially constructed dimensions of the wilderness concept, which both converged with and deviated from definitions in The Wilderness Act of 1964, humans positioned as both part of wilderness and separate from it, description of a process whereby people form a relationship to protected places, and an awareness among visitors of the overarching management dilemma of how to balance human visitation with protection. Management insights and general implications that emerged from the overall interpretation such as using narrative illustration to enhance visitor education were summarized. It is suggested that the particularities of the setting, in conjunction with the process-oriented creation of meaning via varying levels of physical and social interaction with the setting each play important roles, perhaps at different times, for visitors' relationships to places within the Park. The process of forming long-term relationships to places is highlighted as the common thread running through the interpretation. The value of the national park is seen to lie in these relationships, which are time and context dependent, not necessarily in the attributes of the park, many of which are generic to other protected areas in North America. The dissertation concluded with an evaluation of this interpretation based on these implications and insights and provided direction for further research to learn about the processes involved with forming relationships to protected places. (shrink)

Environmental studies is a highly interdisciplinary field of inquiry, involving philosophers, ecologists, biologists, sociologists, activists, historians and professionals in public and private environmental organizations. It comes with no surprise, then, that the follow-up to Nelson and Callicott’s original anthology The Great Wilderness Debate (1998) features essays from authors in a broad array of disciplines. While there is considerable overlap between the two volumes, this new version offers forty-one essays, five of which are new additions, organized into four sections. What constitutes (...) wilderness? Is wilderness real or social constructed? What kinds of values are served—recreational, aesthetic, scientific, or others—by protecting wild areas? While many commentators trace these questions back to an exchange in the 1990s between two environmental ethicists, J. Baird Callicott and Holmes Rolston III, the debate over the wilderness idea actually has older roots. At least in the U.S. context, it travels back in time to the earliest part of the twentieth-century, when the American public, politicians and ecologists were pressed to justify why wilderness areas should be set aside in a new National Park system. Since then, the fundamental question fuelling the ‘Great Wilderness Debate’ is whether what is being preserved is actually wilderness. Is there such a thing or place as wilderness, that is, a quintessentially non-human or wild setting untainted by human influence? If so, why do we believe such areas deserve protection? (shrink)

Previous discussions on the value of sport in remote locations have concentrated on 1) environmental and process concerns, with the rejection of competition and goal-directed or use oriented activity, or 2) the value of risk and dangerous sport for self-affirmation. It is argued that the value of risk in remote sport is in self-knowledge rather than self-affirmation and that risk in remote sport, while enhancing certain kinds of experience, is not necessary. The value of remote sport is in offering the (...) opportunity for experience that enhances the participants’ knowledge both of self and of the environment with which they interact. (shrink)

This review shows how all journeys are not futile; how human frailty makes us holy, in a certain sense. This review shows the great depth of the sovereignty of the Good. And how Professor Lane shows us that while all feet are clay; some realise so and go beyond their own frailties to tap into that which can only be experienced. Professor Lane should not be called Lane because academic styles demand us to do so. He actually professes what he (...) writes. If only one read the book then one will know what literature is. Literature is a journey. And not gobbledygook and blah. Wake up. COVID 19 and EBOLA are here. In my practise as a mental healthcare person, I am yet to hear a person call on Freud or Lacan or Marx, for that matter before going into wonderland. So take it or leave it; this is a great book. I have tried doing justice to Professor Lane's scholarship. (shrink)

Building on theoretical insights and rich experimental data of our preprints, we present here new theoretical and experimental results in three interrelated approaches to the Collatz problem and its generalizations: algorithmic decidability, random behavior, and Diophantine representation of related discrete dynamical systems, and their cyclic and divergent properties.

This essay exemplifies a cognitive approach to literary and film studies, with particular emphasis on fictional reimagining of legal institutions. It draws on research of cognitive scientists who study metacognition—specifically, the difference between reflective and intuitive beliefs—to suggest that courtroom dramas, such as Billy Wilder’s Witness for the Prosecution (1957), can manipulate their viewers into believing something that they, on some level, know cannot be true. In this case, viewers accept the not guilty verdict by the jury even though (...) “the facts in the case” are “simple” and point to the guilt of the defendant. I show how different versions of Witness for the Prosecution—from Agatha Christie’s original short story (1925) and her subsequent play based on that story (1953), to the Hollywood film (1957), and the BBC mini-series (2016)—trigger our reflective beliefs about the defendant’s innocence, so that we find the verdict satisfying (at least for a short while). I conclude by considering literary payoffs of this manipulation, especially in the context of a culture that subscribes to a view of the mind as, in principle, knowable, and thus readable by skillful others. (shrink)

(The Kindle book can be ordered for $3.21 from Amazon) -/- Thinking is a fundamental activity of our species – those that give names to other creatures and call themselves humans. Textbooks tell us that there is about 1.2 kg of matter called the brain inside the human body. It sounds small but actually is proportionally the biggest among all animals on Earth. -/- I became more aware of thinking at around 5th grade upon hearing about an ancient paradox. It (...) can be summarized as follows. -/- ¤ -/- Once upon a time, there was a stupid king. In his kingdom lived a sage who was highly respected for his intelligence. The King did not appreciate this fact. Maybe the Sage made fun of the King’s intellect, but I am not so sure. Anyway, one day, the King summoned the Sage, intending to kill him. -/- The King said, “Wise man, I heard you earn a living by thinking and arguing. Now I give you two options to die.” -/- The Sage said, “Please tell me the choices, Your Majesty.” -/- The King continued, “You live by your tongue, so I will let you say one sentence before you die. If what you say is true, you will die by hanging. If what you say is false, you will die by beheading.” -/- Little did the King know that this was a stupid order. After a short while, the Sage confidently spoke his “last words”, which actually were what saved his life: -/- “Your Majesty, I am about to be beheaded!” -/- ¤ -/- As a “wild animal” going out into life from a young age, my brain spent a lot of time and energy looking for food. Now that I have become older, my body no longer needs so much sustenance. However, my mind craves a different type of nourishment: food for thought. -/- Food for thought can directly lead to food (on the table). My main job as a scientist exemplifies what I have just stated. Maybe we were wrong. Maybe it has been “thought for food” all along, like in such a sequence as TFFTTTFTFFTTFFFT... -/- In the hyper-chaotic infosphere today, we are surrounded by the noises of information, not only as wavy shores or waterfalls but also mega-tsunamis, through Twitter, Facebook, Tiktok, Instagram, Youtube, etc. More than ever, tranquility and calmness are necessary. Like what you have seen in wilderness video clips, predators such as lions, bears, and alligators act lightning-fast when catching prey. But when food is served, the natural world returns to its peaceful, soothing silence. -/- This short book is in its own tidy infosphere, where each little story is also brief and self-contained. Despite this small appearance, I hope the content inside carries the value of tranquility and life observation. The book is petite, but pretty sure not malnourished. A not-too-small detail is that the way the content was shaped and distilled reflects some innovations of mine and my research team: the mindsponge theory, a new theory of serendipity, the bayesvl R package, the BMF analytics, as well as other experiences from working in the field of science. After all, scientific works were my main source of food (before this book sells well – if it does). -/- Welcome to the priceless sober moments – with a chicken-burger price tag! -/- I hope this book will bring readers some moments of calmness, peaceful smiles, and maybe a couple of good laughs too. -/- ~~~ -/- *This update: December 12, 2023 (Third edition, with additions). (shrink)

This article offers two arguments for the conclusion that we should refuse on moral grounds to establish a human presence on the surface of Mars. The first argument appeals to a principle constraining the use of invasive or destructive techniques of scientific investigation. The second appeals to a principle governing appropriate human behavior in wilderness. These arguments are prefaced by two preliminary sections. The first preliminary section argues that authors working in space ethics have good reason to shift their focus (...) away from theory-based arguments in favor of arguments that develop in terms of pretheoretic beliefs. The second argues that of the popular justifications for sending humans to Mars only appeals to scientific curiosity can survive reflective scrutiny. (shrink)

The idea that the brain is a representational organ has roots in the nineteenth century, when neurologists began drawing conclusions about what the brain represents from clinical and experimental studies. One of the earliest controversies surrounding representation in the brain was the “muscles versus movements” debate, which concerned whether the motor cortex represents complex movements or rather fractional components of movement. Prominent thinkers weighed in on each side: neurologists John Hughlings Jackson and F.M.R. Walshe in favor of complex movements, neurophysiologist (...) Charles Sherrington and neurosurgeon Wilder Penfield in favor of movement components. This essay examines these and other brain scientists’ evolving notions of representation during the first eighty years of the muscles versus movements debate (c. 1873–1954). Although participants agreed about many of the superficial features of representation, their inferences reveal deep-seated disagreements about its inferential role. Divergent epistemological commitments stoked conflicting conceptions of what representational attributions imply and what evidence supports them. (shrink)

Review of Raymond L. Wilder, Mathematics as a Cultural System.

Are games essentially a form of make-believe, or essentially an act of struggling against obstacles? There have been several attempts to reduce one of these accounts to the other. Kendall Walton has argued for the primacy of the make-believe account of games. Even when we are struggling against obstacles in games, says Walton, we are engaged in a form of make-believe: we are making believe that these lines are real obstacles, that these points really matter. Bernard Suits has argued for (...) the primacy of the account of games as struggling against obstacles. Even when we are making believe in games, says Suits, we are still engaged in act act of struggling against obstacles. Usually we are struggling to keep the narrative going. I argue that Walton's and Suits' reductive attempts are both wrong: that there are two distinct activities, of making-believe and struggling against obstacles, neither of which is wholly reducible to a subset of the other. Importantly, in many games we are engaged in both making-believe and struggling against obstacles. But there are some games that are pure struggle with no make-believe (like games of real survival in the real wilderness). And there are games of pure make-believe, in which there are no obstacles or struggle. (shrink)

Urban residents have the potential to play a key role in helping to facilitate ecological resilience of wilderness areas and ecosystems beyond the city by helping ensure the migration of nonhuman climate refugee populations. Three ethical frameworks related to this issue could determine whether we have an ethical duty to help nonhuman climate refugee populations: ethical individualism, ethical holism, and species ethics. Using each of these frameworks could support the stronger view that policy makers and members of the public have (...) a moral duty to mitigate the impacts of climate induced migration, or the weaker claim that these impacts should be taken into account when making land-use and planning decisions in urban contexts. (shrink)

In a recent paper, Kevin Krein argues that the notion of self-competition is misplaced in adventure sports and of only limited application altogether, for two main reasons: (i) the need for a consistent and repeatable measure of performance; and (ii) the requirement of multiple competitors. Moreover, where an individual is engaged in a sport in which the primary feature with which they are engaged is a natural one, Krein argues that the more accurate description of their activity is not 'competition', (...) but an attempt at harmonious interaction. I raise a number of problems against both criteria and argue that traditional and adventure sports do both involve self-competition on at least two levels: bettering one's previous performance and resisting the desire to quit. I argue that self-reflexive competition is not so much with one's self (which is philosophically absurd), but within one's self, between conflicting motivations and desires. I explore what is involved in self-reflexive competition, particularly at a phenomenological, self-constituting level, and raise the question of whether it is appropriate for activity in wilder natural environments. (shrink)

In the United States, running as a leisure activity continues to grow in popularity. Healthism can explain some of this popularity, but it does not explain ultradistance running. Motivations for running can be seen through the framework of the Kantian beautiful and the sublime. Beauty arises through extrinsic motivation and relates to an economy of form, while the sublime arises through intrinsic motivation and relates to confronting the challenge of infinity. The commercial, casual, and competitive aspects of distance running correspond (...) to the beautiful, while its wilderness, serious, ultradistance aspects correspond to the sublime. This framework is used to explain the resistance of ultrarunning to the would-be detrimental effects of commodification, as well as ultrarunning’s ‘wild turn.’. (shrink)

Through a close reading of the works of John Dewey and Aldo Leopold, I demonstrate that it is possible to reframe debates about the environment in language better suited to robust and inclusive public discourse. There are at least two ways of framing the instrumental relationship between human and environmental health: (i) in terms of control and (ii) in terms of restraint. On the one hand, means of control are associated with an anthropocentric view of environmental value: the environment has (...) worth only insofar as it provides resources for human benefit. On the other hand, means of restraint reflect greater concern for environmental health, sustainable living, non-anthropocentric (whether eco- or bio-centric) environmental value and lifestyles in harmony with nature, similar to the rhythmic relationship between human and environment captured in the writings of Henry David Thoreau and John Muir. While John Dewey defends an instrumentalism of control, Aldo Leopold supports an opposing instrumentalism of restraint. At first blush, these two concepts appear to form a dualism, as incompatible dyads in a permanently bifurcated relationship. However, the matter is not quite so simple--or so I argue. Dewey and Leopold's concepts of environmental instrumentalism prove more compatible than this simple control/restraint dichotomy suggests. Nevertheless, it is helpful to frame environmental issues in terms of these two competing instrumentalism. To test the distinction's usefulness, I examine the wilderness debate, the global warming controversy and a more local matter, attempting to frame these environmental discourses in terms of an instrumentalism of control and an instrumentalism of restraint. (shrink)

In this essay, I discuss in detail two of the earliest such documentaries: Death Mills (1945), directed by Billy Wilder; and Nazi Concentration Camps (1945), directed by George Stevens. Both film-makers were able to get direct footage of the newly-liberated concentration camps from the U.S. Army. Wilder served as a Colonel in the U.S. Army’s Psychological Warfare department in 1945 and was tasked with producing a documentary on the death camps as well as helping to restart Germany’s film (...) industry. I next review the great French Holocaust documentary Night and Fog (1955), directed by Alain Resnais. This was a widely acclaimed film, winning the Prix Jean Vigo in 1956. Resnais employed a camp survivor (Jean Cayrol) to write the dialogue, and it is powerful, indeed, truly lyrical in places. The last film I review in the essay is a generally overlooked British Thames Television documentary, Genocide: 1941-1945 (1974), directed by Michael Darlow (and narrated by Sir Laurence Oliver). It was the first of the major Holocaust documentaries to focus on the point that the Nazi genocide targeted first and foremost the Jewish people, and to explore the development of Nazi racial theory, and the rise of the SS. (shrink)

If we had the ability to terraform Mars, would it be morally permissible to do it? This article surveys three preservationist arguments for the conclusion that we should not terraform Mars and three interventionist arguments that we should. The preservationist arguments appeal to a duty to conserve objects of special scientific value, a duty to preserve special wilderness areas, and a duty not to display vices characteristic of past colonial endeavors on Earth. The interventionist arguments appeal to a duty to (...) fulfill our pioneering nature, a duty to extend the lifespan of our species, and a duty to restore the ecosystems Mars may once have housed. The preservationist arguments are stronger than the interventionist arguments; terraforming Mars is probably morally wrong. (shrink)

'Io trace a path from Pico della Mirandola's Renaissance man to the Jacobean malcontents of Marston or Webster is to document not an inflation of hopes for dominion over the natural world, but rather a loss of confidence in the possibility of control over even human affairs. 'For I am going into a wilderness, /Where I shall find nor path, nor friendly clew/To be my guide'.2 The bleak consequences of this lack of direction, leaving traces through into the Restoration period (...) in England, are particularly evident in the free will debate: of Milton's angels,. (shrink)

This dissertation is based around conceptual conflicts introduced by the notion of rewilding and the challenges rewilding poses to place and cultural landscapes. Rewilding is a recent conservation strategy interested in the return of wilder, less human-managed environments. Often presented as an antidote to increasingly homogenized, organized, and managed environments, rewilding deliberately opens up space for the return of wild nature, typically by removing human elements that have obstructed or diminished its free reign or by reintroducing locally extinct species (...) to re-activate trophic cascades. There is, however, an increasing awareness that rewilding in many places will threaten cultural landscapes that are prized for their human meanings and histories. This dissertation does not attempt to resolve this conflict but instead takes a hermeneutic interest in it and tries to understand better what is at stake in such a conflict. This is attempted by means of a hermeneutic detour through the concepts of place and of wilderness, and ultimately the dissertation argues that instead of understanding rewilding simply as undermining notions of place, we should understand rewilding itself as placemaking. This conceptual work is informed by actual cases of rewilding and an examination of the conflicts arising out of the various modes of placemaking rewilding performs. Three modes of placemaking are demonstrated: wilderness placemaking, experimental placemaking, and place-regenerative placemaking. Taken in total, these reveal ways in which rewilding confronts us with relations with nonhuman others and with questions of belonging and not belonging that are increasingly at issue. (shrink)

This essay seeks to explicate several strands of Environmental Philosophy by applying them to agenuine example of environmental conflict. The recent invasion of the Tasmanian wilderness bythe European Fox, threatens several critically endangered mammals, not to mention the ecosystem as a whole. The DPIW has begun placing poisoned bait in the Tasmanian wilderness in an attempt to rid it of the fox. Rather than prescribing a solution to this complex problem, this essay tests the capacity of pre-existing ethics to protect (...) the endangered mammals of Tasmania. In elucidating the Utilitarian and Rights Based approaches to ethics, it becomes clear that they harbour highly problematic elements. Following this, the essay explores the benefits of holistic ethics, and ethics based on difference. Ultimately, this essay seeks to discover what an ethical response to the Tasmanian situation would look like. (shrink)

Culling seems to be a cruel method of human interference in the lives of elephants. The method of culling is generally used to control population numbers of highly developed mammals to protect vegetation and habitat for other less important species. Many people are against human interference in the lives of elephants. In this article aspects of this highly controversial issue are explored. Three fascinating characteristics of this ethical dilemma are discussed in the introductory part, and then the major arguments raised (...) against human interference in the lives of elephants are evaluated. These arguments are the following: First, that nature should be allowed to run its course and establish its own balance; nature will thus solve the problem of elephant overpopulation. The second argument raised by animal-rights activists as well as by animal-welfare groups either claim that animals have rights that humans must respect at all times, or that all sentient beings have interests that humans ought to respect, as those beings can experience pleasure or pain. The third argument often associates culling elephants as method for population control with the commercial use and exploitation of wilderness areas. Many people argue that it is unethical to use wildlife as a sustainable resource for fighting poverty. In conclusion it is stated that despite these arguments human intervention in the lives of elephants are ethically justified. (shrink)