This text, commissioned by the OSUN Global Observatory of Academic Freedom, discusses how the concept of academic freedom is codified in Colombian Law and regulations of public and private higher education institutions. It also explores common conceptions of academic freedom among Colombian scholars, as well as commonly observed threats to it.

Given that mitigating climate change is a large-scale global issue, what obligations do individuals have to lower their personal carbon emissions? I survey recent suggestions by Walter Sinnott-Armstrong and Dale Jamieson and offer models for thinking about their respective approaches. I then present a third model based on the notion of structural violence. While the three models are not mutually incompatible, each one suggests a different focus for mitigating climate change. In the end, I agree with Sinnott-Armstrong that people have (...) limited moral obligations to directly lower personal emissions, but I offer different reasons for this conclusion, namely that the structural arrangements of our lives place a limit on how much individuals can restrict their own emissions. Thus, individuals should focus their efforts on changing the systems instead (e.g., the design of cities, laws and regulation, etc.), which will lead to lower emissions on a larger scale. (shrink)

There has been a recent resurgence of what Betsy Hartmann dubbed “the greening of hate” (blaming immigrants for environmental issues in the US). When immigrants move to the U.S., the argument goes, their CO2 emissions increase, thereby making climate change worse. Using migration from the Lower 48 to Alaska as a model, I illustrate how this anti-immigration argument has more traction than it is generally given credit for, and might be more convincing in a different situation. Nonetheless, it is not (...) convincing given the current pattern of climate emissions and prevailing justice considerations. Climate matters; how we treat each other matters, too. (shrink)

My aim is to extend and complement the arguments that others have already made for the claim that women who are citizens of economically disadvantaged states and who have been trafficked into sex work in economically advantaged states should be considered candidates for asylum. Familiar arguments cite the sexual violence and forced labor that trafficked women are subjected to along with their well-founded fear of persecution if they’re repatriated. What hasn’t been considered is that reproductive rights are also at stake. (...) I explain how reproductive rights are implicated in sex trafficking. Moreover, I contend that sex traffickers’ abuse of women’s reproductive rights is persecutory and that that this persecutory abuse obliges destination states to offer asylum to transnational sex trafficking victims. I start by sketching reproductive human rights doctrine. I then examine studies of women who are in post-trafficking recovery programs in order to ascertain the impact of their past experience of forced sex work on their reproductive freedom and health. On the basis of these findings, I maintain that, among other outrages, sex trafficking systematically violates victims’ reproductive human rights. In view of this abuse, women trafficked into sex work might seem to be prime candidates for asylum in destination states. Yet, economically well-off destination states are not particularly receptive to this idea, and international law provides some justification for their chilliness. Preliminary to challenging them, I explicate four ways in which international anti-trafficking law and international refugee law interfere with viewing women trafficked into sex work as refugees and approving their applications for asylum. The second half of my paper aims to overcome those legal obstacles. In the interest of parsimony and because there are many continuities between U.S. refugee law and anti-trafficking law and the policies of similar destination states, I focus mainly on the U.S. in this part of the paper. To anchor my argument, I spotlight two precedents in refugee law for taking reproductive human rights seriously and several precedents for treating trafficked women as members of a distinct social group as required by refugee law. I then urge that a law enforcement gestalt has gained undue influence over U.S. legal practices where anti-trafficking law intersects with refugee protection law. A human rights gestalt is needed as a counterweight, for otherwise victims of sex trafficking and the reproductive abuse they’ve suffered are erased. Taking up a human rights perspective and mobilizing the precedents I’ve identified, I show that respecting the reproductive human rights of women who have been trafficked into sex work entails that affluent destination states must recognize their right to asylum. (shrink)

Ever since Freud pioneered the “talking cure,” psychologists of various stripes have explored how autobiographical narrative bears on self-understanding and psychic wellbeing. Recently, there has been a wave of philosophical speculation as to whether autobiographical narrative plays an essential or important role in the constitution of agentic selves. However, embodiment has received little attention from philosophers who defend some version of the narrative self. Catriona Mackenzie is an important exception to this pattern of neglect, and this paper explores Mackenzie’s work (...) on embodiment and self-narrative with the aim of better understanding the adequacy of autobiographical narrative as an account of the agentic self. I argue that Mackenzie’s narrative account of embodied subjectivity and agency is incomplete, for it over-estimates the reach of narrative and underestimates the cognitive and agentic powers of the lived body. (shrink)

Feminist studies of female genital cutting (FGC) provide ample evidence that many women exercise effective agency with respect to this practice, both as accommodators and as resisters. The influence of culture on autonomy is ambiguous: women who resist cultural mandates for FGC do not necessarily enjoy greater autonomy than do those women who accommodate the practice, yet it is clear that some social contexts are more conducive to autonomy than others. In this paper, I explore the implications for autonomy theory (...) of these understandings of the relation between culture, FGC, and women’s agency. I review the range of worldwide FGC practices – including “corrective” surgery for “ambiguous genitalia” in Western cultures as well as the various initiation rites observed in some African and Asian cultures – and the diverse cultural rationales for different forms of FGC. I argue that neither latitudinarian, value‐neutral accounts of autonomy nor restrictive, value‐saturated accounts adequately explain women’s agentic position with respect to FGC. I then analyze a number of educational programs that have enhanced women's autonomy, especially by strengthening their introspection, empathy, and imagination. Such programs, which engage women's autonomy skills without exposing them to autonomy‐disabling cultural alienation, promote autonomy‐within‐culture. This understanding of autonomy as socially situated, however, entails neither endorsement of FGC nor resignation to its persistence. (shrink)

É amplamente reconhecido que para mitigar a mudança climática antropogênica são necessários urgentes esforços institucionais em várias dimensões: tecnológicos, infraestruturais, mas também socioculturais. Isso significa que, para que haja a transição ecológica para uma sociedade mais verde e sustentável, um conjunto de mudanças estruturais econômicas, políticas e culturais deverão ser rearticuladas nos próximos anos. Por um lado, ao passo que é inegável que, para conter a mudança antropogênica, o uso do poder institucional deve ser usado de modo mais incisivo nas (...) mais diversas esferas que estruturam o social. Por outro lado, não fica evidentemente se as liberdades serão afetadas e, em caso positivo, como elas serão afetadas. Diante da urgência do problema, o artigo propõe normativamente explorar o conflito entre, por um lado, a exigência do uso do poder institucional para conter a mudança climática antropogênica em tempo e, por outro, a garantia pelo mais amplo esquema de liberdades políticas, econômicas e civis nas sociedades democráticas liberais. (shrink)

Although the international legal framework protects the rights of all persons to adopt or manifest any religion or belief of choice without discrimination, indigenous spirituality is generally dismissed, marginalised or denied respect and recognition in many states. The dismissal and denial of recognition of indigenous spirituality has led to severe discrimination against many indigenous communities and human rights violations, including the dispossession and loss of sacred sites, the obstruction of spiritual practices and the violation of the right to religious freedom. (...) This article examines state policies and practices on the recognition and registration of indigenous religious groups and the implications for their exercise of religious freedom. It argues that while states’ recognition of indigenous spirituality has grown in recent decades, indigenous beliefs remain among the most marginalised, disrespected, discriminated and unrecognised. Consequently, many indigenous groups cannot fully exercise their religious freedom. (shrink)

By moving beyond the overly emphasized image of a “fusion of horizons” and focusing on Gadamer’s concept of “play,” this paper aims to rehabilitate the dynamic and multi-vocal character of understanding as Gadamer conceives it, and to argue that “difference” is the life-blood of understanding against the recurring charge that Gadamer’s hermeneutics is fundamentally antagonistic to otherness.

The “film as philosophy” (FAP) hypothesis turned into a field if its own right during the 2000s, after S. Mulhall’s On Film (2001). In this work, Mulhall defended that some films philosophize for themselves. This caused controversy. Around the same time of On Film’s release, B. Russell published the article “The philosophical limits of film” (2000). This article had one of the first attacks against FAP, posing some main objections based on metaphilosophical grounds, which were called the “generality” and the (...) “explicitness” objections. These objections made by Russell and by M. Smith are based on the idea that film and philosophy are too different in their purposes or ways of presentation, ideas that are grounded in implicit or explicit conceptions of philosophy. In this chapter, these will be analyzed, as well as some other metaphilosophically grounded objections, as a line of reasoning connecting to attempts of responding to them will be drawn. After doing so, it will be concluded that their metaphilosophical grounds are implausible, and, thus, they are not definite objections against FAP. (shrink)

Cheryl Hall has argued that framing of climate change must acknowledge the sacrifices needed to reach a sustainable future. This paper builds on that argument. Although it is important to acknowledge the value of what must be sacrificed, this paper argues that current frames about the environment falsely portray humans and the environment as in a zero-sum game, and in doing so ask people to give up the wrong things. This could undermine the public’s trust in environmentalism, and might even (...) create a backlash against action on climate change. I propose we need alternative framing that portrays humans as a keystone species, and highlights positive human activity. (shrink)

In this study, I aimed to carry out a comparative analysis of the methods of conversational philosophy and sage philosophy as contributions towards overcoming the problem of methodology in African philosophy. The purpose was to show their points of convergence and probably, if possible, their point of divergence as well. I did not intend to show that the method of one is superior or inferior to the other. The objective was to provide an analysis to show that the two methods (...) are essentially the same with little variations. Thereafter, I highlighted their significance as methods of doing African philosophy and discussed their problems as well. I used the methods of analysis and hermeneutics. From the study, I concluded that conversational philosophy is an extension or a modified form of sage philosophy. The implication of this conclusion is that sage philosophy and conversational philosophy should overlap each other in research and purposes. (shrink)

Em Uma Teoria da Justiça John Rawls ao eleger como bem primário mais importante as bases sociais do autorrespeito (autoestima), aponta que a capacidade do indivíduo de reconhecer seu próprio valor moral e a legitimidade do seu plano de vida também é objeto de justiça social. Martha Nussbaum, Axel Honneth e Avishai Margalit defendem que a humilhação privaria os indivíduos de respeitarem (ou estimarem) a si mesmos. Neste artigo será salientado como cada autor, à sua maneira, salienta pontos sobre a (...) humilhação: a humilhação institucional (Avishai Margalit), a humilhação como a face pública da vergonha social (Martha Nussbaum), e por fim a humilhação como rompimento de expectativas normativas de reconhecimento (Axel Honneth). (shrink)

Inside the family, all individuals define their identity in relation to previous generations, the present ones, and the future ones. This intergenerational exchange plays important educational roles: it fosters a sense of belonging and identification, promotes dialogue, and guarantees the passing down of ethical orientations. In addition to feelings of security and reliance on others, family memory creates a matrix that gives people a placement in the world, a sort of existential code through which to be located in existence. Fostering (...) the habit of memory-making becomes therefore a major educational imperative, which however is not without challenges. The present contribution will consider those phenomena which can give rise to a weakening of bonds between generations and a growing exclusion of the ethical value of family heritage. The educational perspective that will be drawn is that of building a sense of alliance.. (shrink)

Não é novidade no ambiente acadêmico as reticências da teórica crítica Nancy Fraser para com a teoria da justiça de John Rawls. Mais especificamente, sua desconfiança é que a justiça rawlsiana não seja capaz de capturar devidamente a complexidade das desigualdades sociais nas sociedades contemporâneas: seja porque sua teoria moral (da justiça) é presumidamente descolada de uma teoria social de fundo; seja porque sua teoria moral (da justiça) é considerada reducionista (ou “monista”). Porém, o espírito do presente artigo não é (...) de aprofundar suas diferenças metodológicas, mas sim colocar as bases para se pensar possíveis “semelhanças de família” entre suas concepções de justiça. Afinal, ambas as formulações se apresentam como abordagens “deontológicas”, ou seja, que priorizam o correto (o justo) sobre o bem. Na primeira seção, retorna-se ao célebre debate redistribuição e reconhecimento, onde Fraser apresenta as novas abordagens liberais – com destaque à de Rawls - como as principais representantes do paradigma redistributivo no cenário contemporâneo. Ao mergulhar nessas passagens, é possível revelar precisamente quais os pontos de concordância e discordância de Fraser para com a teoria deontológica de Rawls. Dando continuidade, na segunda seção é explorado sua principal discordância: o presumido “reducionismo” da teoria da justiça rawlsiana à dimensão redistributiva (econômica), aqui chamada de crítica do reducionismo redistributivo. Se essa objeção procede ou não é objeto da terceira e última seção. Nela, é argumentado que mesmo que as preocupações normativas de Fraser (quanto ao problema do reducionismo) sejam válidas, ainda assim, esse problema não se aplica à teoria rawlsiana. Ao contrário, é argumentado que é possível encontrar “semelhanças de família” entre as concepções de Fraser e Rawls: (a) no seu alicerce e compromisso com o pluralismo, (b) na sua investigação e defesa do status igualitário entre as pessoas e, finalmente, (c) na constatação que o ideal normativo da igualdade democrática entre as pessoas (ou paridade de participação) requer dos arranjos institucionais não somente a redistribuição de recursos e bens econômicos, como também elementos de qualidades diferentes. (shrink)

Dossier sobre Pragmatismo. Los trabajos que se incluyen en este dossier tienen como hilo conductor el discutir una noción de verdad provisional y débil, en oposición a una concepción de verdad entendida como una fundamentación fuerte, objetiva y universal de las creencias.

ABSTRACTThe distinction between ‘context of discovery’ and ‘context of justification’ in philosophy of science appears simple at first but contains interesting complexities. Paul Hoyningen-Huene has catalogued some of these complexities and suggested that the core usefulness of the ‘context distinction’ is in distinguishing between descriptive and normative perspectives. Here, I expand on Hoyningen-Huene’s project by tracing the label ‘context of discovery and context of justification’ to its origin. I argue that, contrary to initial appearances, Hans Reichenbach’s initial context distinction from (...) 1938 does not easily map onto Hoyningen-Huene’s distinction between descriptive and normative perspectives on science. However, this is not a reason to reject Hoyningen-Huene’s simplified context distinction, nor do I recommend returning to Reichenbach’s initial proposal. It is, however, further reason to believe that the context distinction does not have a single, easily understood meaning. Along the way, I revisit Reichenbach’s version of ‘rational reconstruction’ and highlight its usefulness as a tool for philosophy in general. (shrink)

O debate fomentado nos anos oitenta entre liberais e “comunitaristas” tende a contrastar radicalmente as concepções teóricas de John Rawls e Charles Taylor, sendo o primeiro o representante principal da vertente liberal e o segundo do “comunitarismo”. Ao contrário do que sustenta essa distinção, neste artigo proponho ir para além dela, a fim de defender que há convergências dos autores no que tange à discussão sobre o pluralismo. Em um primeiro momento, apresento os diagnósticos de Rawls e de Taylor quanto (...) ao fato do pluralismo nas sociedades modernas como uma característica contextual irreversível (I). Em um segundo momento, diante da tensão ética insuperável entre divergentes concepções bem, a saída mais viável caminha para a justiça. Para tanto, desenvolvo a concepção de “justiça política” de Rawls em “O Liberalismo Político” e as publicações mais recentes de Charles Taylor como em “Secularism and Freedom of Conscience”, “A Secular Age” e “Why We Need a Radical Redefinition of Secularism?”, que parecem sustentar certa “virada liberal-rawlsiana” no pensamento do autor (II). Em um terceiro momento, efetuo uma distinção entre o fato do pluralismo (razoável) e o valor do pluralismo, para finalmente concluir o artigo argumentando que tanto Rawls como Taylor tendem a defender o pluralismo como um valor político para as instituições e não como um valor moral abrangente para os indivíduos. (shrink)

Este artigo propõe apresentar como ao longo das três gerações da Teoria Crítica – Max Horkheimer, Jünger Habermas, Axel Honneth – foi-se modificando o vocabulário acerca do que ela deveria denunciar ou expor. Segundo Horkheimer, caberia à Teoria Crítica expor as contradições sociais do sistema de sua época, já o segundo Habermas expõe as tensões inerentes às sociedades complexas e, por fim, Axel Honneth, os desenvolvimentos falhos (ou desviantes) da ideia de liberdade. Cada autor, a sua maneira,.

From the refusal of some parents to apply some vaccines to their children, in this work we will show that to act properly it is not enough with a good intellectual justification to validate a belief as accurate, it will be necessary to take into account also the systematic actions in relation to which we are constituted, as well as the feelings that accompany those actions. We begin by exposing the notion of belief that Villoro presents from authors such as (...) Braithwaite and Bain. Next, we briefly explain the topic of the justification of beliefs and then articulate it with some of the controversies related to the application of vaccines. Later, we turned to Hume to show the role of imagination in relation to pleasure and pain in decision making. Finally, we present an outline of the discussion about paternalism in the application of vaccines. (shrink)

In 2015, Fainos Mangena published an essay entitled “How Applicable is the Idea of Deep Ecology in the African Context?” where he presented a number of arguments to support his thesis that deep ecology as discussed in the West has no place in the African context. Mangena later presented a counter-version of deep ecology that he claims is based on African philosophy. In this paper, I interrogated Mangena’s arguments for rejecting deep ecology and found that they were based on certain (...) erroneous presuppositions. Further, I developed a critique of Mangena’s Shona version of deep ecology which shows it to be impractical, unappealing, and based on a misunderstanding of the true nature of the modern African environment. I employ the method of conversationalism in this work. Keywords: Deep Ecology, African Environmental Ethics, Fainos Mangena. (shrink)

In this article I argue that the notion of truth is so closely linked to the notion of justification that it is not possible to access the truth, even with the best reasons upon which a justification is supported. -/- I’ll show that the notions of truth and reality can only be inferred from our experience of the world, in which our social practices can be verified or disproved, and if our hypotheses are accepted or refuted. I maintain that we (...) can only access realities which we constitute in relation to one of several possible conceptual frameworks. These conceptual frameworks are not transcendental entities nor are they established definitively, they are social constructs. This means that the conceptual frameworks are constituted by the social practices of the subjects. We understand that social practices are institutionalized groups of actions undertaken by members of a community and directed toward the consecution of an end. These actions presuppose that the beliefs, norms and values are shared by members of an epistemic community. Olivé (1999: 135-42). -/- This article begins by presenting Rorty’s counter-proposal for the notion of truth, in relation to which I put forward the principal theses of onto-epistemological pluralism. Subsequently, I develop the idea of inter-subjective contextual justification and I show that this posture, although it does depend on specific conditions for justification, is not arbitrary. -/- I demonstrate the relevance of onto-epistemological pluralism and the need to adequately substantiate our beliefs and decision making, by presenting the case of parents guided by a notion of ´post-truth´ who decide not to vaccinate their children against measles based on insufficiently justified subjective reasons. A fact that is having serious harmful consequences to health, particularly among young children. (shrink)

From the epistemological posture that we present in this work we sustain the following thesis:-That as subjects we constitute the world we live in through one of the possible conceptual frameworks.-Our cognitive and social practices construct the world in a certain manner, which makes us responsible for the way this world is constituted.

In this paper, I defend an epistemological pluralism that moves away from universal and absolute rationality, as well as from a radical and arbitrary relativism, where any criterion is valid for decision making. Such epistemological pluralism maintains that subjects know the world in which they live according to different conceptual schemes. We posit a notion of truth linked to the justification process and practical effectiveness. Then we present the importance of traditional knowledge in the socio-ecological field and relative to complex (...) systems. Finally, we explain the relevance of epistemic equity between traditional and scientific knowledges in order to anticipate consequences and to make decisions less uncertain. (shrink)

In this paper we discuss whether the thesis of Nietzsche’s perspectivism, from an interpretation, could be read in keys of onto-epistemological pluralism. For this, we begin by exposing Nietzsche’s questioning of the notion of rational truth, as well as the universalist and transcendental positions linked to this concept. In the second section we expose some of the main theses of American pragmatism and show that perspectivism is not close to this current of thought. Finally, we present the proposal of ontological (...) and epistemological pluralism and we refer to why Nietzsche’s perspectivism could be articulated with this position and why not. (shrink)

By Focusing on Hans-Georg Gadamer’s magnum opus Truth and Method, this paper aims to show how understanding itself — including the understanding of artworks, texts, tradition, and living speech — can be understood as a kind of game or dialogical play-process which requires crucial ethical conditions to be met if it is going to succeed. Success, in terms of the communication of meaning, requires that the players (or interlocutors) commit to a genuine participation with each other in which they “open” (...) themselves to each other’s “claims to truth,” take each other seriously, listen, respond and question, and stand prepared to risk their old prejudices, learn from each other, and be transformed in the process. (shrink)

This paper argues that potential cases of oppression, such as sex trafficking, can sometimes comprise autonomous choices by the trafficked individuals. This issue still divides radical from liberal feminists, with the former wanting to ‘rescue’ the ‘victims’ and the latter insisting that there might be good reasons for ‘hiding from the rescuers.’ This article presents new arguments for the liberal approach and raises two demands: first, help organizations should be run by affected women and be open-minded about whether or not (...) the trafficked individuals should remain in the sex industry. Second, the career choices of trafficked individuals should be expanded by the introduction of an opportunity-extending right to asylum. (shrink)

Generally, we confidently ascribe valuing states to ourselves. We make statements such as “I value democracy” or “I value my best friend” - our sense of who we are depends on doing so. Yet what justifies that confidence? If you were asked “Do you value philosophy, or are you just doing it for the money?”, how might you go about generating such knowledge? I will operate with the notion that valuing involves, at a minimum, a set of distinctive emotional dispositions (...) toward the valued object. Given this view of valuing, a plausible explanation stemming from Tooming and Miyazono is the following: to know whether we value, we need to predict our potential or future emotional reactions. That is, they suggest that affective forecasting is necessary to generate knowledge of valuing states. I argue that, despite its intuitive appeal, affective forecasting is not necessary. I then consider a more modest claim, namely that affective forecasting is still explanatorily powerful when it comes to self-knowledge of valuing states, as it explains the difficulty of generating such knowledge. I reject this further claim, arguing that there is a stronger available explanation: the use of theories about valuing. (shrink)

Poverty, Agency, and Human Rights collects thirteen new essays that analyze how human agency relates to poverty and human rights respectively as well as how agency mediates issues concerning poverty and social and economic human rights. No other collection of philosophical papers focuses on the diverse ways poverty impacts the agency of the poor, the reasons why poverty alleviation schemes should also promote the agency of beneficiaries, and the fitness of the human rights regime to secure both economic development and (...) free agency. The book is divided into four parts. Part 1 considers the diverse meanings of poverty both from the standpoint of the poor and from that of the relatively well-off. Part 2 examines morally appropriate responses to poverty on the part of persons who are better-off and powerful institutions. Part 3 identifies economic development strategies that secure the agency of the beneficiaries. Part 4 addresses the constraints poverty imposes on agency in the context of biomedical research, migration for work, and trafficking in persons. (shrink)

It is often said that human rights are the rights that people possess simply in virtue of being human – that is, in virtue of their intrinsic, dignity-defining common humanity. Yet, on closer inspection the human rights landscape doesn’t look so even. Once we bring perpetrators of human rights abuse and their victims into the picture, attributions of humanity to persons become unstable. In this essay, I trace the ways in which rights discourse ascribes variable humanity to certain categories of (...) people. I set the stage for my discussion of the human in relation to human rights by examining John Locke’s account of the justification for punishment. For Locke, in committing a crime one abrogates one’s humanity and forfeits one’s rights. Likewise, I argue, human rights discourse takes a scalar view of humanity. I consider victims of genocide who are dehumanized as helpless and passive, victims of state persecution who are super-humanized as righteously agentic, and perpetrators of genocide who are dehumanized as out-of-control beasts. In each case I use relevant testimony to argue that the scalar view of humanity is factually incorrect and morally deplorable. For genocide victims, I discuss testimony that Selma Leydesdorff gathered from women who survived the Srebrenica massacre. For a victim of persecution, I discuss Liao Yiwu’s memoire of his detention and imprisonment in China because of his artwork protesting the Tiananmen Square massacre. For perpetrators of genocide, I discuss testimony Jean Hatzfeld gathered from Hutu men who systematically murdered Tutsis in the Rwandan genocide. Finally, I apply my critique of dehumanized and super-humanized victims and dehumanized perpetrators to the problem of transnational trafficking in persons and argue that the view I advocate necessitates reforming immigration policy with respect to persons trafficked into forced labor. (shrink)

The thesis aims to provide an interpretation of John Rawls’ social bases of self-respect from the debate on redistribution and recognition in the current state of the art of theories of justice. The first chapter reenacts the reception of Rawlsian theory in the debate based on three critiques: (a) Iris Young's critique of the allocative-distributive paradigm, (b) Axel Honneth’s critique of the legal-political limitation, (c) Nancy Fraser's critique of the redistributive-reductionism. Far from considering the conception of ‘justice as fairness’ as (...) an insensitive terrain for dealing with matters of recognition, criticisms point out, on the contrary, the attempts of liberal Rawlsian theory to move into these issues, mainly taking the social bases of self-respect into account. However, these criticisms agree that Rawls' theory of justice would fail for several reasons. In the following chapters, each of these criticisms is addressed. The second chapter replies to Young's criticism. Contrary to what the author have supposed, ‘justice as fairness’ is better understood as a relational conception of justice rather than an allocative-distributive one. The third chapter addresses Honneth's criticism. On the one hand, the Critical Theorist is right in stating the limitations of Rawls' theory of justice; however, on the other hand, a deontological theory of justice – like the Rawlsian one – conceives these limitations as a normative advantage rather than as a theoretical flaw. The fourth chapter focuses on Fraser's critique. Likewise in her deontological model, it is argued that ‘justice as fairness’ would also have taken the cultural dimension of justice duly into account as well as, more specifically, status inequalities and cultural conflicts. Given the compatibility between their normative models, in the fifth and last chapter, a return to Fraser's deontological recognition via Rawls is advocated. (shrink)

Philosophers have had surprisingly little to say about the concept of a victim although it is presupposed by the extensive philosophical literature on rights. Proceeding in four stages, I seek to remedy this deficiency and to offer an alternative to the two current paradigms that eliminates the Othering of victims. First, I analyze two victim paradigms that emerged in the late 20th century along with the initial iteration of the international human rights regime – the pathetic victim paradigm and the (...) heroic victim paradigm. Holocaust victims are quintessential instances of the pathetic victim paradigm. They are marked by passivity and innocence in the face of overpowering force and unspeakable humanly inflicted suffering. Aung San Suu Kyi is an exemplar of the heroic victim paradigm – prisoners of conscience, in Amnesty International’s terms. Because heroic victims face off against the repressive power of the state to fight injustice, they are by no means passive, but they must be innocent of wrongdoing – that is, they must use nonviolent means of dissent – to qualify as heroic victims. Second, I problematize the asymmetrical conceptions of innocence that underwrite the two victim paradigms. Whereas the pathetic victim paradigm identifies innocence with passivity, the heroic victim paradigm countenances agentic victims and adverts to a universalist, absolutist stance on the limits of the legitimate use of state power to ascribe innocence to heroic victims. Both conceptions of innocence are out of keeping with well established social and legal practices regarding what constitutes coercive force and innocent victimhood. Consequently, there is reason to be skeptical of the two victim paradigms. Third, I identify two kinds of human rights violations and two categories of victims that AI defends despite their failure to fit the two paradigms – women trafficked into sex work and prisoners on death row. In many cases, women forced to do sex work are not innocent girls who are ignorant of the trafficking system and who helplessly fall prey to smugglers. They are desperately poor women who for that reason are willing to take enormous risks to try to relieve their own and often their families’ deprivation and suffering. Although these women act nonviolently for irreproachable reasons, they lack the public political agendas that characterize heroic victims. Unless non-fulfillment of subsistence rights is recognized as a form of overpowering force that inflicts severe, avoidable suffering, these women do not qualify as pathetic victims either. The victim paradigms pose an even greater obstacle to recognizing that the death penalty is a human rights violation and that death row prisoners are victims. Because a jury concluded that these individuals committed heinous, violent crimes, they are excluded by the heroic victim paradigm. Only if death row prisoners can be proven (usually through DNA evidence) not to have committed the crimes for which they were convicted can these individuals qualify as pathetic victims. In the absence of any reason to believe that they are innocent and especially if they are unrepentant, they are widely regarded as brutal victimizers of others who deserve no sympathy for, let along relief from, the suffering they “brought on themselves.” Finally, I confront the Othering of victims that results from the two victim paradigms, which leads many victims to eschew the label, thereby opting out of human right discourse. I propose revisions in the victim paradigms that eliminate the real-world exclusions they sponsor as well as the Othering of victims of human rights abuses. In particular, I endorse greater attention to what people and the institutions they create do to other people, and I favor a presumption that unnecessary and severe humanly inflicted suffering is a human rights violation. Moreover, I reject the innocence criterion embedded in the two paradigms and urge that it be replaced by a burdened agency criterion. These modifications better align the concept of a victim with a realistic understanding of human subjectivity and agency and allow for a more capacious understanding of who is a bearer of human rights and under what conditions right-holders become victims of rights violations. (shrink)

This interview was carried out on 13 December 2018 as Michael Williams was in Porto for a meeting of the Contextualism Network organised by the MLAG – Mind, Language, and Action Research Group (Institute of Philosophy of the University of Porto). We would like to thank him for his willingness to reply to our questions. -/- .

The human soul has been believed to be immaterial and immortal element which exclusively inheres in the human body. Ukpugho ukpong (soul transplant) is an ancient meta-medical science of the Annang and Ibibio people, which is hinged on the belief that the human soul is transcendent and it exclusively inheres in proxy animal; that the soul is mortal, and can be surgically transplanted in the likeness of somatic tissue transplant. This study aimed at carrying out a philosophical critique of this (...) belief in order to determine its significance as a metaphysical concept. It also aimed at critically examining the philosophical as well as sociological discussions on the subject of ukpuho ukpong. The study was discussed on the framework of African concept of mind which holds that the soul has dual nature, namely – the Active Principle and the Quiescent Counterpart. The paper debunks the doctrines of metempsychosis and transmigration as alien to African metaphysics. The method of ordinary language analysis was employed to analyze the concepts ukpong and mbukpong. In conclusion, the paper made the following observations that: the soul is transcendent but perishable substance, the mind has dual nature, the soul does not transmigrate and the science of ukpuho ukpong is not a pseudo-metaphysical concept but was founded on African logic of dualistic mind. The paper notes that the science of ukpuho ukpong is bugged with a number of unresolved philosophical problems. Despite that the paper discovered that the science of ukpuho ukpong can contribute significantly to meta-medicine and sustainable environmental values. (shrink)

Jenny Saville is a leading contemporary painter of female nudes. This paper explores her work in light of theories of gender and embodied agency. Recent work on the phenomenology of embodiment draws a distinction between the body image and the body schema. The body image is your representation of your own body, including your visual image of it and your emotional attitudes towards it. The body schema is comprised of your proprioceptive knowledge, your corporeally encoded memories, and your corporeal proficiency (...) with respect to various environments and activities. Saville is concerned with body image issues, and I discuss how she reconfigures representational practices with respect to feminine body images. However, the most exciting potential for feminist analysis of the state of the female nude derives from the concept of the body schema, for this concept endows the human body with subjectivity and agency. My key question, then, is by what pictorial means and to what extent Saville succeeds in representing agentic womanhood. I argue that interpreting Saville’s paintings from the standpoint of the body schema demonstrates the radicality of her remaking of the female nude and the rapport between her imagery and feminist values. (shrink)

This paper addresses two related topics: 1. The disanalogies between elective cosmetic practices and sex reassignment surgery. Why does it seem necessary for me – an aging professional woman – to ignore the blandishments of hairdressers wielding dyes and dermatologists wielding acids and scalpels? Why does it not seem equally necessary for a transgendered person to repudiate sex reassignment procedures? 2. The role of the body in identity and agency. How do phenomenological insights regarding the constitution of selfhood in relation (...) to the interplay between the body image and corporeal know-how contribute to an account of the agency of transgendered individuals? Studying several paintings by contemporary feminist artist Jenny Saville has advanced my thinking on these topics. Saville’s imagery is an invaluable aid to reflection on these issues because she uses her painterly technique, which critics often dub “virtuoso,” to represent lived human bodies. In her work, viewers encounter representations of subjectivized, agentic corporeity, as distinct from inert, objectified flesh. Moreover, her sympathetic engagement with nonconformist, devalued bodies helps to reconfigure the standard gestalts of the human body that viewers typically carry with them and thus to convert fear and/or disgust into appreciation and understanding. In this paper, I consider three of Saville’s paintings. Plan, Saville’s self-portrait as a nude female whose body has been prepped for liposuction, conveys the pathos of this procedure. Matrix is a nude portrait of self-described “gender variant visual artist” Del LaGrace Volcano. In the words of one critic Saville’s depiction of Volcano’s nude intersexed body “restores beauty to the primitive [female] genital organ.” Passage, another nude portrait of an intersexed individual, is an image of vibrant sexuality despite the presumptively jarring juxtaposition of breasts and a penis. I argue that conceiving the agentic subject as a rational deliberative capability that uses a conjoined body as the instrument of its will makes it impossible to theorize the agency of transgendered people. In contrast, when agentic subjects are understood as embodied subjects and embodiment is understood as a dimension of practical intelligence, the agency of transgendered individuals is intelligible. (shrink)

This paper explores the relation between victims’ stories and normativity. As a contribution to understanding how the stories of those who have been abused or oppressed can advance moral understanding, catalyze moral innovation, and guide social change, this paper focuses on narrative as a variegated form of representation and asks whether personal narratives of victimization play any distinctive role in human rights discourse. In view of the fact that a number of prominent students of narrative build normativity into their accounts, (...) it might seem obvious that there is a connection between victims’ stories and moral insight. However, the category of victims’ stories spans an enormous variety of texts – private diaries, memoirs written for publication, interviews with journalists or social scientists, depositions prepared by human rights workers, stories shared with like-minded activists or with support groups, stories told to medical professionals, and testimony in courts, truth commissions and asylum hearings, to mention just some of the possibilities. The different contexts of elicitation and the different rules governing expression in these sites should make us wary of ready generalizations about the nature of victims’ narratives. Moreover, I doubt that existing explications of the way in which norms figure in narratives yield satisfactory theories of the contribution victims’ stories can make to discovering and defending just policies and practices. I consider two of the most prominent accounts of the relation between narrative and normativity. For different reasons, the account Anthony Amsterdam and Jerome Bruner present in their work on narrative and law and the account Hayden White presents in his work on narrative and history fail to appreciate the capacity of victims’ stories of abuse to advance understanding of and increase respect for human rights. In defense of the value of victims’ stories, I propose an account of the relation between normativity and a salient type of victim’s narrative that seems especially resistant to integration into human rights discourse. -/- . (shrink)

Llamamos “conocimiento fenoménico” al conocimiento de nuestras experiencias conscientes: al saber cómo es tener una determinada experiencia. Los conceptos fenoménicos son aquellos asociados a este conocimiento y refieren, de modo introspectivo y directo, a las propiedades fenoménicas de nuestras experiencias. El papel que juegan estos conceptos es esencial en la filosofía de la mente contemporánea en la medida que muchos de sus defensores creen que una explicación adecuada de su naturaleza nos permitirá disipar un sinfín de rompecabezas epistemológicos (sobre la (...) relación de los individuos con sus estados fenoménicos) y metafísicos (que giran en torno a la naturaleza de la consciencia). Estos problemas son dos caras de la misma moneda y una respuesta a uno conlleva, necesariamente, implicaciones para el otro. Mi objetivo en este artículo es ofrecer una introducción al papel que desempeñan los conceptos fenoménicos en el debate metafísico en torno a la naturaleza de la consciencia. En especial, esta exposición se centra en la Estrategia de los Conceptos Fenoménicos, una de las respuestas fisicistas a los argumentos dualistas cuya conclusión es que no es posible acomodar una explicación de la consciencia en un marco fisicista. Para ello, en §1 describo la tesis central del fisicismo y presento uno de los más célebres argumentos en su contra: el argumento del conocimiento. Enseguida, en §2 expongo qué son los conceptos fenoménicos y en qué difieren de otro tipo de conceptos, en §3 explico el modus operandi de la Estrategia de los Conceptos Fenoménicos en respuesta a los retos dualistas señalados en §1, y en §4 menciono algunas de las objeciones más frecuentes en contra de esta estrategia. Finalmente, en §5 hago una síntesis de los puntos esenciales discutidos en este artículo. (shrink)

[English] The paper observed that the various ethics that constitute the system of African environmental ethics are not based on or linked to any known African ontology and formal logic. It argued that the contextualisation of African environmental ethics on African ontology and African logic is essential since Western ontology and logic do not serve to adequately explain and provide proper meanings to the various concepts and propositions employed in the African environmental ethics. Therefore, the paper aimed to, and indeed, (...) link and establishes African environmental ethics on a definite and sound African ontology and formal logic based on Ibuanyidanda complementary ontology and Ezumezu integrativist logic. -/- [Annang] Nwed ndun̄ọ ami akondo ada akud ate k’ idem mme ido ukpeme nkan-n̄kuk ke Africa ada nsan nsan ye ọntọlọgy ye lọgik Africa. Nnwed ami abenne awọ́d ate ke ọntọlọgy ye lọgik mfia agwo iwamma ke adinam awan̄a mme nsio nsio akpọ-ikọ, adaha ikọ, mme usem, ye mme edu ake 'adọhọke ke mme ido ukpeme nkan-n̄kuk ke Africa. Ntak ade anam ukpep mkpọ ami anwana ndiben ido ukpeme nkan-n̄kuk Africa n̄ka n̄ke kọọn̄ ke ọntọlọgy ye lọgik afọnnọ nte itiat ikaba, ade anam anye asan̄a 'ke kem ye Ibuanyidanda Ontology ye Ezumezu Logic. (shrink)

In this article we compare the experiences of women members of the board of directors of U.S. and Norwegian corporations. Based on the personal stories of two women directors from each country, we discuss similarities and differences in the role and characteristics of women corporate directors and the processes and behaviours they are involved in as directors within and outside the boardroom. We also investigate the role of gender-related dynamics in these two countries, focusing on board roles and processes, and (...) the visible and invisible board structures with which women corporate directors contend. (shrink)

In this paper I consider recent discussions within the representationalist theories of phenomenal consciousness, in particular, the discussions between first order representationalism (FOR) and higher order representationalism (HOR). I aim to show that either there is only a terminological dispute between them or, if the discussion is not simply terminological, then HOR is based on a misunderstanding of the phenomena that a theory of phenomenal consciousness should explain. First, I argue that we can defend first order representationalism from Carruthers' attacks (...) and ignore higher order thoughts in our account of phenomenal consciousness. Then I offer a diagnostic of Carruthers' misunderstanding. In the last section I consider further reasons to include mindreading abilities in an explanation of phenomenal consciousness. (shrink)