One of the strongest critiques against Fanon’s work centers on the idea that Fanon leaves black subjects caught in slavish regard of whites. Such a depiction of the black subject does not explain Fanon’s own life and his ability to escape slavish regard of whites and become a formative intellectual. Such slavish regard of whites, in other words, the idea of an inferiority complex has been challenged by notable current black philosophers, including Lucius Outlaw. In autobiographical references within (...) Fanon and Outlaw’s work, the two scholars share similar childhood experiences but draw very different conclusions on the development of an inferiority complex. I argue that this estrangement in slavish regard of whites occurs when reading Fanon’s work only through a dialectic framework. A phenomenological reading of Fanon’s work illuminates the ambiguous possibilities of experience. In a phenomenological reading of experience, admitting inferiority complexes does not necessarily debilitate and trap subjects in perpetuity. (shrink)

On the shortness of life -- Consolation to Helvia -- On tranquility of mind.

Robert Nozick famously raised the possibility that there is a sense in which both deontology and utilitarianism are true: deontology applies to humans while utilitarianism applies to animals. In recent years, there has been increasing interest in such a hybrid views of ethics. Discussions of this Nozickian Hybrid View, and similar approaches to animal ethics, often assume that such an approach reflects the commonsense view, and best captures common moral intuitions. However, recent psychological work challenges this empirical assumption. We review (...) evidence suggesting that the folk is deontological all the way down—it is just that the moral side constraints that protect animals from harm are much weaker than those that protect humans. In fact, it appears that people even attribute some deontological protections, albeit extremely weak ones, to inanimate objects. We call this view Multi-level Weighted Deontology. While such empirical findings cannot show that the Nozickian Hybrid View is false, or that it is unjustified, they do remove its core intuitive support. That support belongs to Multi-level Weighted Deontology, a view that is also in line with the view that Nozick himself seemed to favour. To complicate things, however, we also review evidence that our intuitions about the moral status of humans are, at least in significant part, shaped by factors relating to mere species membership that seem morally irrelevant. We end by considering the potential debunking upshot of such findings about the sources of common moral intuitions about the moral status of animals. (shrink)

Is the tendency to morally prioritize humans over animals weaker in children than adults? In two pre-registered studies (N = 622), 5- to 9-year-old children and adults were presented with moral dilemmas pitting varying numbers of humans against varying numbers of either dogs or pigs and were asked who should be saved. In both studies, children had a weaker tendency to prioritize humans over animals than adults. They often chose to save multiple dogs over one human, and many valued the (...) life of a dog as much as the life of a human. While they valued pigs less, the majority still prioritized ten pigs over one human. By contrast, almost all adults chose to save one human over even one hundred dogs or pigs. Our findings suggest that the common view that humans are far more morally important than animals appears late in development and is likely socially acquired. (shrink)

Recent research has relied on trolley-type sacrificial moral dilemmas to study utilitarian versus nonutili- tarian modes of moral decision-making. This research has generated important insights into people’s attitudes toward instrumental harm—that is, the sacrifice of an individual to save a greater number. But this approach also has serious limitations. Most notably, it ignores the positive, altruistic core of utilitarianism, which is characterized by impartial concern for the well-being of everyone, whether near or far. Here, we develop, refine, and validate a (...) new scale—the Oxford Utilitarianism Scale—to dissociate individual differences in the ‘negative’ (permissive attitude toward instrumental harm) and ‘positive’ (impartial concern for the greater good) dimensions of utilitarian thinking as manifested in the general population. We show that these are two independent dimensions of proto-utilitarian tendencies in the lay population, each exhibiting a distinct psychological profile. Empathic concern, identification with the whole of humanity, and concern for future generations were positively associated with impartial beneficence but negatively associated with instrumental harm; and although instrumental harm was associated with subclinical psychopathy, impartial beneficence was associated with higher religiosity. Importantly, although these two dimensions were independent in the lay population, they were closely associated in a sample of moral philosophers. Acknowledging this dissociation between the instrumental harm and impartial beneficence components of utilitarian thinking in ordinary people can clarify existing debates about the nature of moral psychology and its relation to moral philosophy as well as generate fruitful avenues for further research. (shrink)

Outlaw emotions are emotions that stand in tension with one’s wider belief system, often allowing epistemic insight one may have otherwise lacked. Outlaw emotions are thought to play crucial epistemic roles under conditions of oppression. Although the crucial epistemic value of these emotions is widely acknowledged, specific accounts of their epistemic role(s) remain largely programmatic. There are two dominant accounts of the epistemic role of emotions: The Motivational View and the Justificatory View. Philosophers of emotion assume that these (...) dominant ways of accounting for the epistemic role(s) of emotions in general are equipped to account for the epistemic role(s) of outlaw emotions. I argue that this is not the case. I consider and dismiss two responses that could be made on behalf of the most promising account, the Justificatory View, in light of my argument, before sketching an alternative account that should be favoured. (shrink)

In this article, I argue that mass incarceration belongs to a category of social status interventions by which the modern state either withholds the ordinary protections and benefits of the law from outlawed groups or subjects them to private punishment based on their mere membership in those groups. In the US these groups include immigrants and resident Latinos, the homeless, the poor and poor blacks, sex workers, and ex-convicts. Outlawry is a fundamentally anti-democratic practice that cannot be justified in terms (...) of deterrence and is incompatible with public safety. (shrink)

There is a general presumption against arming outlaw states. But can that presumption sometimes be overturned? The argument considered here maintains that outlaw states can have legitimate security interests and that transferring weapons to these states can be an appropriate way of promoting those interests. Weapons enable governments to engage in wrongful oppression and aggression, but they also enable them to fend off predators in a manner that can be beneficial to their citizens. It clearly does not follow (...) from the fact that a state is oppressive or aggressive that it will never be a victim of wrongful aggression itself, and while an outlaw state’s primary aim in repelling such aggression will often be the preservation of its own power, its defensive manoeuvres will sometimes also serve its citizens’ interests. In short, supplying weapons to outlaw states may sometimes contribute to the protection of innocents. (shrink)

The aim of the book is to encourage discussion among experts on De ira, a text of philosophical nature, by reading it page by page, from a philosophical, philological, and literary perspective (a multidisciplinary choice which is the conditio sine qua non of all judicious research on Seneca). Moreover, the way in which each of these close readings is conducted adds an additional value: they each deal with a section of the text, presenting all the data necessary for its understanding. (...) All together, they cover the whole work. Each of them is also an attempt at a global interpretation of the treatise, examined through the particular framing of the textual passage around which the “Lectures plurielles” are conceived. Around this “polyphonic” analysis of the text, we have built a structure that aims to offer the reader a complete reference work on all the issues of the De ira. Sources, manuscript tradition, images, political and philosophical concepts, posterity – in short, all the aspects that a traditional commentary of the text would not have allowed us to distinguish so clearly – find their place here. This book is therefore aimed at specialists as well as students or anyone interested in the thought of emotions in antiquity. (shrink)

In 2019, several US states passed “heartbeat” bills. Should such bills go into effect, they would outlaw abortion once an embryonic heartbeat can be detected, thereby severely limiting an individual’s access to abortion. Many states allow health care professionals to refuse to provide an abortion for reasons of conscience. Yet heartbeat bills do not include a positive conscience clause that would allow health care professionals to provide an abortion for reasons of conscience. I argue that this asymmetry is unjustified. (...) The same criteria that justify protecting conscientious refusals to provide abortion also justify protecting positive conscientious appeals regarding abortion. Thus, if the law provides legal exemptions for health care professionals who, as a matter of conscience, refuse to provide abortions where it is legal, it should also provide exemptions for health care professionals who, as a matter of conscience, feel obligated to provide abortions where it is illegal. (shrink)

In July 2014, the roboticist Ronald Arkin suggested that child sex robots could be used to treat those with paedophilic predilections in the same way that methadone is used to treat heroin addicts. Taking this onboard, it would seem that there is reason to experiment with the regulation of this technology. But most people seem to disagree with this idea, with legal authorities in both the UK and US taking steps to outlaw such devices. In this paper, I subject (...) these different regulatory attitudes to critical scrutiny. In doing so, I make three main contributions to the debate. First, I present a framework for thinking about the regulatory options that we confront when dealing with child sex robots. Second, I argue that there is a prima facie case for restrictive regulation, but that this is contingent on whether Arkin’s hypothesis has a reasonable prospect of being successfully tested. Third, I argue that Arkin’s hypothesis probably does not have a reasonable prospect of being successfully tested. Consequently, we should proceed with utmost caution when it comes to this technology. (shrink)

Discrimination laws usually prohibit discrimination based on some traits, like race, caste, and sex, and not on others, like sports team allegiance. Should socioeconomic class be included among the protected traits? We examine an argument for the view that it should which leads to the conclusion that both direct and indirect socioeconomic discrimination should be prohibited by the state. The argument has three premises: (1) direct paradigmatic discrimination should be prohibited by law; (2) if direct paradigmatic discrimination should be prohibited (...) by law, then so should direct socioeconomic discrimination; and (3) where direct discrimination based on a certain trait should be prohibited by law, so should indirect discrimination on the basis of the same trait. Since we assume most readers will accept (1), the paper is largely devoted to the defense of (2) and (3). The outlawing of direct socioeconomic discrimination would involve an adjustment of the political and legal status quo, but we argue that it should nevertheless be implemented. By contrast, a prohibition on indirect socioeconomic discrimination would require a radical change to the way in which our societies are structured, because many of our laws, policies, and practices systematically (re)produce inequality to the disproportionate detriment of the poor. Our main aim, therefore, is not to defend the prohibition of indirect socioeconomic discrimination, but to show that most people’s views about discrimination are in deep tension with their attitude to current law. Resolving this tension would require for most of us to revise our beliefs either about whether indirect socioeconomic discrimination should be prohibited or about (1)–(3). One might reject the view that law should prohibit socioeconomic discrimination and still accept this claim about a deep tension in most people’s views on discrimination. (shrink)

How much power does emotional dismissal have over the oppressed's ability to trust outlaw emotions, or to stand for such emotions before others? I discuss Sue Campbell's view of the interpretation of emotion in light of the political significance of emotional dismissal, in response, 1 suggest that feminist contentions of interpretation developed within dialogical communities are best suited to providing resources for expressing, interpreting, defining, and reflecting on our emotions.

With the recent report of a live birth after use of Mitochondrial replacement therapy, sometimes called ‘Three-parent IVF’, the clinical application of the technique is fast becoming a reality. While the United Kingdom allows the procedure under regulatory scrutiny, it remains effectively outlawed in many other countries. We argue that such prohibitions may violate individuals’ procreative rights, grounded in individuals’ interest in genetic affinity. The interest in genetic affinity was recently endorsed by Singapore’s highest court, reflecting an emphasis on the (...) importance of biological ties found across the globe. We apply that reasoning to make the case for a right to ‘Three-parent IVF’. (shrink)

What is cruelty? How and why does it matter? What do the legal rejection of cruelty and the requirements of mercy entail? This essay asks these questions of Lucius Seneca, who first articulated an agent-based conception of cruelty in the context of punishment. The hypothesis is submitted that the answers to these questions offered in Seneca's De clementia constitute one of the turning points in the evolution of practical reason in law. I conclude, however, by arguing that even the (...) mainstream punitive practices of contemporary western societies fail to meet the modest imperatives of the rejection of cruelty and the unconditionality of mercy propounded by Seneca. (shrink)

Qualifications are needed to make the point a tight one, but it seems quite plain that it is wrong to kill people. What is not so plain is why it is wrong to kill people, especially when one considers that the person killed will not be around to suffer the consequences afterwards. He does not suffer as a consequence of his death, and he need not suffer even while dying. There are various conditions more or less commonly accepted as making (...) it not wrong to kill somebody : I may kill somebody if he threatens to kill me and killing him is my only means of defending myself ; I may kill somebody if the leader of my society announces that we are in a state of war with the other person's society ; I may kill somebody if he is my slave or a member of another tribe or has passed the age of 65 ; I may kill somebody if he has committed such crimes as to be declared an outlaw; or I may kill somebody if he is in great and unrelievable pain. Each of these conditions is more or less widely accepted in this society or another as making killing permissible, so one cannot reasonably say simply that it is quite certain that killing people is wrong whether or not it is clear why killing people is wrong. But certainly some cases of killing people are wrong, and in working out just what makes these cases wrong we ought also to be working out just what conditions make killings permissible. (shrink)

Rawls saw need for non-ideal theory also within society but never developed that project. In this chapter, Card suggests that the non-ideal part of Rawls’ Law of Peoples can be a resource for thinking about responding to evils when the subject is not state-centered. It is plausible that defense against great evils other than those of aggressive states should be governed by analogues of scruples that Rawlsian well-ordered societies observe in defending themselves against outlaw states. This essay explores those (...) hypotheses in relation to women’s self-defense and mutual defense against evils of misogyny, the term feminists apply to the most deeply hostile environments of and attitudes toward women and girls and to the cruelest wrongs to them/us, regardless whether perpetrators harbor feelings of hatred. It extrapolates and adapts to this case values, concepts, and methods from Rawls’s life’s work, especially his writing on war. (shrink)

This article explores the history of Vodou from outlawed African dance to revolutionary magic to depoliticized national Haitian religion and popular dance, its present reduction to Diaspora interpersonal healing, and a possible future. My first section, on Kate Ramsey’s The Spirits and the Law: Vodou and Power in Haiti, reveals Vodou as a sociopolitical construction of racist legal oppression of Africana dances rituals, and artistic-political resistance thereto. My second section, on Karen McCarthy Brown’s Mama Lola: A Vodou Priestess in Brooklyn, (...) a “postmodern ethnography” of intersectional oppressions and Black female Haitian resistance in the Diaspora, foregrounds the figure of Gedelia, a feminist variant on Papa Gede, central Vodou spirit (lwa) of resurrection and healing. Finally, my last section, on the “observing participant” analyses of Black dance anthropologist Yvonne Daniel’s Dancing Wisdom: Embodied Knowledge in Haitian Vodou, Cuban Yoruba, and Bahian Candomblé, finds a dancing Gedelia in her centering of Oyá, a warrior spirit of storms and death. On this basis, I propose the figure of tornadic black angels as a possible magical tool (in Vodou, a pwen, or “point”) intended to re-spiritualize and thereby re-politicize the secularized and whitewashed social Latin dance called “salsa” for social justice. (shrink)

So-called “ugly laws” were mostly municipal statutes in the United States that outlawed the appearance in public of people who were, in the words of one of these laws, “diseased, maimed, mutilated, or in any way deformed, so as to be an unsightly or disgusting object” (Chicago City Code 1881). Although the moniker “ugly laws” was coined to refer collectively to such ordinances only in 1975 (Burgdorf and Burgdorf 1975), it has become the primary way to refer to such laws, (...) which targeted the overlapping categories of the poor, the homeless, vagrants, and those with visible disabilities. Enacted and actively enforced between the American Civil War (1867) and World War I (1918), such laws and their enforcement can tell us much about the very sorts of people who were also, a generation later, subject to explicitly eugenic laws, such as sterilization legislation. And like eugenic laws and policies, such laws continue to affect the lives of people with disabilities to this day (Schweik 2011). (shrink)

Pregnant women and persons engaging in homosexual practices compose two groups that have been and still are amongst those most severely subjected to coercive restrictions regarding their own bodies. From an historical point of view, it is a recent and rare phenomenon that a woman’s right to abortion and a person’s right to engage in homosexual interactions are recognized. Although most Western liberal states currently do recognize these rights, they are under continuous assault from various political and religious movements. Moreover, (...) though liberal theories of justice typically defend women’s rights to abortion and people’s rights to homosexual activity, these theories often struggle to capture the fundamental ground for these rights. For example, it appears hard for the liberal to say why and when only the woman and not the embryo/fetus has rights and why the right to certain sexual practices is not on par with rights to other preferences. Contemporary liberal theories of justice, therefore, have a hard time identifying what distinguishes questions of abortion and sexual activities from other questions of right and thereby also have difficulty capturing the gravity of the wrongdoing involved in coercively restricting homosexual interactions and abortion as such. I argue that Kant’s theory of justice succeeds on both counts, because it can locate the fundamental ground for these rights in an understanding of the bodily integrity of the person. Just states will neither permit nor outlaw all abortions or sexual interactions, but rather will require all such laws to be reconcilable with the protection of each person’s right to freedom. (shrink)

Enhancement is a basic principle of modern sport. Their increase of achievement is usually attributed to the sportsmen’s natural assessment, their health, their training methods and their employment. In contrast, increase in output by pharmacological means is outlawed. The modern medical techniques created a whole range, by which sportsmen are supported. Consequently, sometimes difficult decisions with concrete medications develop. It is not always clearly to be differentiated whether something is a pharmacological interference, which serves the therapy or leads however to (...) the outlawed increase in output. At present Enhancement is in discussion, a phenomenon, which is related to doping in sports, but which concerns achievement-increasing use of medicines not only in sportsmen. -/- Leistungssteigerung ist ein Grundprinzip des modernen Sports. Gewöhnlich werden für die Steigerung der Leistung die natürliche Veranlagung der Sportler, ihre Gesundheit, ihre Trainingsmethoden und ihr Einsatzwille veranschlagt. Leistungssteigerung durch pharmakologische Mittel ist dagegen geächtet. Die modernen medizinischen Techniken haben einen ganzen Bereich geschaffen, durch den die Sportler bei der Erbringung ihrer Leistung und deren Erhalt unterstützt werden. Dabei entstehen mitunter schwierige Entscheidungsfragen bei konkreten Medikationen. Nicht immer ist klar zu unterscheiden, ob etwas ein pharmakologischer Eingriff ist, der der Therapie dient oder aber zur geächteten Leistungssteigerung führt. Gegenwärtig wird über Enhancement diskutiert, ein Phänomen, das mit dem Doping verwandt ist, aber leistungssteigernde Verwendung von Medikamenten bei Gesunden im Allgemeinen, also nicht nur bei Sportlern, betrifft. (shrink)

In this essay, I explore a documentary about the curious case of Charlie and his Orchestra. While swing music was outlawed in Nazi Germany as “degenerate,” the Nazi regime created a radio program called “Charlie and his Orchestra” for foreign consumption. The propaganda lay in the changes to the original lyrics of the songs played, making them convey the anti-Semitic and other themes of the Nazi ideology. The review discusses just how good the musicians were, and how popular the program (...) was. (shrink)

In his “Reply to Iddo Landau,” Edmund Wall responds to the author’s critique of some of the views expressed in his “Sexual Harassment and Wrongful Communication.” The present article concentrates on what the author takes to be the main problem in Wall’s definition: by requiring that any act, even if intentional and cruel in nature, needs to be repeated to count as sexual harassment, Wall allows too much leeway and renders permissible a wide range of intentional, mean, and harmful actions (...) that most, including, the author believes, Wall himself, would like to outlaw. The article considers Wall’s linguistic and nonlinguistic responses to this critique and finds them problematic. (shrink)

Dance with Nothing but Heart is a collaborative performance by Steven Cohen and his “life-partner in love and ‘outlaw’ dance”, Elu, in which Elu dances naked with an ox’s heart. I argue that the interaction between sex/gender and species in this performance vexes the Western humanist subject through queering its death-bearing, carnophallogocentric relation to what it calls ‘animal’. Drawing on Jacques Derrida’s deconstructive ethics of “eating well”, and Judith Butler’s politics of performativity and grievability, I read the auto-affective ‘taste’ (...) at stake in this work as always already in relation to an alterity that exceeds it and conditions how we ‘carry’ and ‘eat’ the dead. The performance renders “limitrophic” the limit between human and animal and subjects its hetero-patriarchal privileges to differánce. This work turns choreographic improvisations into an ethico-politics in which the relation between self, animal, and death is exposed to, in Derrida’s words, an “infinite hospitality” that passes, queerly, by way of the heart. (shrink)

The pantheist ontology of Baruch Spinoza (b.1632 – d.1677) is an attempt to deny the accountability of political evil. -/- Spinoza’s instinct for statist control and his distrust of the common man are displayed in Theological-Political Treatise (published 1670). His masterwork, Ethics (published posthumously in 1677), is a bold attempt (in the guise of ontology) to classify minds and bodies as attributes of the State. -/- In Ethics, Spinoza ‘outlaws’ any vantage point from which we can address or protest the (...) kind of ‘perfect power’ -- and its attendant evils -- that constitute the essence and existence of the State. (shrink)

In its recent report Human Reproductive Technologies and the Law, the House of Commons’ Select Committee on Science and Technology insisted that the United Kingdom ‘does not take a purely insular view’ on sex selection but to carefully consider the impact on other countries before allowing changes to current legislation. True, no country is an island, not even the British Isles. Still, outlawing a harmless practice in Great Britain because of its alleged harmful effects in other countries is bad public (...) policy. (shrink)

With insights from philosophy of language and semiotics, this article addresses judicial choices and semantic errors involved in United States v. Stevens, 130 S.Ct. 1577 (2010) (refusing to read “killing” and “wounding” to include cruelty and thus striking down a federal statute outlawing videos of animal cruelty), and Snyder v. Phelps, 131 S.Ct. 1207 (2011) (finding a First Amendment right to picket military funerals and verbally attack parents of dead soldiers as part of purportedly-public expression). -/- This article maintains that (...) a better understanding of semiotics (the theory of signs) exposes the flaws in both decisions and bolsters the arguments of the lone dissenter in both cases, Justice Alito. Such a better understanding of semiotics involves grasping (a) how expression involves signs, (b) how signs work in general, and (c) the differences between three basic kinds of signs (indexes, icons and symbols). This article maintains that the expression involved in Stevens and in Phelps was a type of indexical or quasi-indexical expression that, for reasons similar to those involved in child pornography cases, should have no First Amendment protection. -/- This article also notes shifting interpretive positions in the Court that cry out for reform. Although Chief Justice Roberts uses a textualist approach in his majority opinion striking down the animal cruelty statute in Stevens, his majority opinion in National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566 (2012), has no trouble finding a “penalty” a “tax,” upholding the Affordable Care Act, and chastising the dissent for voting to strike down a statute simply because “. . . Congress used the wrong labels.” Id. at 2597. -/- This article attempts to expose such gamesmanship in “textualism” and attempts to lay out a better semiotic path for the Court. It calls for more forthright judicial decision-making in constitutional and statutory interpretation; calls for rejecting mechanical notions of law that conceal judicial choice involved in constitutional and statutory interpretation; and calls for rejecting claims that dictionaries can settle constitutional or statutory interpretation issues without reference to constitutional and statutory goals. -/- Keywords: interpretation, construction, meaning, plain meaning, originalism, original intent, canon, semiotics, signs, signals, symbol, icon, index, signifier, signified, ordinary meaning, freedom of speech, freedom of expression, animal cruelty, first amendment, statutes. (shrink)

In this article we identify that the philosophers Marcus Tullius Cicero, Lucius Annaeus Seneca and Epictetus conceive a “freedom” that is characteristic of the wise and happy, and a “slavery” that is characteristic of the unwise and unhappy, nevertheless they did not use a special word for them. We name such conceptions “metaphysical freedom” and “metaphysical slavery” respectively. And we demonstrate that, in divergent intensities and objectives and in many places, the three thinkers differentiated this freedom/slavery principally from the (...) juridical-political-social freedom/slavery. -/- En este artículo identificamos que los filósofos Marco Tulio Cicerón, Lucio Anneo Séneca y Epicteto conciben una “libertad” que es característica del sabio y feliz, y una “esclavitud” que es característica del no-sabio e infeliz, aunque no les otorgaron un vocablo especial. A tales concepciones, según proponemos, las denominamos “libertad metafísica” y “esclavitud metafísica” respectivamente. Demostramos que los tres pensadores diferenciaron a éstas, con distintas intensidades y propósitos y en reiteradas ocasiones, principalmente de la libertad/esclavitud jurídico-político-social. (shrink)

After its review of the Human Fertilization and Embryology Act of 1990, the Department of Health concluded that the British Parliament ought to outlaw sex selection for any but the most serious of medical reasons. This paper reviews the most frequently expressed objections to social sex selection and concludes that there is simply no moral justification for prohibiting parents from using sex selection technology to balance their families.