Natasha McKeever argues that prima facie, a friends-with-benefits relationship can be, at the same time, a good friendship. This is because sex is compatible with friendship in that it can complement and potentially even strengthen the three core characteristics of friendship: mutual liking, mutual caring, and mutual sharing. She acknowledges that, by generating uncertainty and having the potential to generate feelings of romantic love, sex does pose risks to friendship. However, she argues that while these risks are significant considerations, (...) they can be mitigated and managed and so do not provide strong reasons against friends-with-benefits relationships. (shrink)

In some cultures, people tend to believe that it is very important to be sexually exclusive in romantic relationships and idealise monogamous romantic relationships; but there is a tension in this ideal. Sex is generally considered to have value, and usually when we love someone we want to increase the amount of value in their lives, not restrict it without good reason. There is thus a call, not yet adequately responded to by philosophers, for greater clarity in the reasons §why (...) it might be reasonable for a couple to adopt a policy of sexual exclusivity. This article argues that we cannot justify the demand for sexual exclusivity by a need to protect the relationship from the risk of one partner ‘trading-up’, or by appealing to jealousy. However, sexual exclusivity can be intelligible if it supports the romantic relationship and helps to distinguish it from other relationships. Nonetheless, sexual exclusivity ought not to be the hegemonic social norm that it currently is in some societies because this diminishes the potential value it might have and gives the idea of faithfulness the wrong focus. (shrink)

Permissivism says that for some propositions and bodies of evidence, there is more than one rationally permissible doxastic attitude that can be taken towards that proposition given the evidence. Some critics of this view argue that it condones, as rationally acceptable, sets of attitudes that manifest an untenable kind of arbitrariness. I begin by providing a new and more detailed explication of what this alleged arbitrariness consists in. I then explain why Miriam Schoenfield’s prima facie promising attempt to answer the (...) Arbitrariness Objection, by appealing to the role of epistemic standards in rational belief formation, fails to resolve the problem. Schoenfield’s strategy is, however, a useful one, and I go on to explain how an alternative form of the standards-based approach to Permissivism – one that emphasizes the significance of the relationship between people’s cognitive abilities and the epistemic standards that they employ – can respond to the arbitrariness objection. (shrink)

Sexual infidelity is widespread, but it is also widely condemned, yet relatively little philosophical work has been done on what makes it wrong and how wrong it is. In this paper, I argue that sexual infidelity is wrong if it involves breaking a commitment to be sexually exclusive, which has special significance in the relationship. However, it is not necessarily worse than other kinds of infidelity, and the context in which it takes place ought to be considered. I finish the (...) paper by looking at how the hegemonic norm of monogamy makes infidelity both more likely and more difficult to deal with. (shrink)

The pandemic has been the most vivid agent of change that many of us have known. But it has not changed everything: plenty of the institutions, norms, and practices that sustain racial capitalism, settler colonialism, and cisheteropatriarchy have either weathered the storm of the crisis or been nourished by its effects. And yet enough has changed for us to see that the pandemic has profoundly recontextualised those structures and systems of violence, bringing us into a fresh negotiation with, for example, (...) the question of how we discuss and imagine freedom. Responding in part to this unexpected provocation, activist-scholars Robyn Maynard and Leanne Betasamosake Simpson forged a collaboration from the lockdown of 2020, corresponding by letter to create their forthcoming book, Rehearsals for Living, due to be published by Haymarket Books (US) and Knopf (Canada) in 2022. In this interview, we asked them to explain the epistolary form of the book and expand on the concept of “rehearsal”, before inviting them to reflect on a series of issues that animate our current crises: the politics of recognition; the notion of apocalypse; ways to disrupt linear temporalities; practises of reciprocity against proprietary logics; the gendered violence of state apparatuses; and worldbuilding as a method of resistance. In their expansive answers, Robyn and Leanne draw on their experiences as organisers and educators, commenting on anticolonial struggles, the Movement for Black Lives, and the rise of abolition discourse. Stressing the need to build a multiplicity of shared homespaces in the face of racial/colonial capitalism and organized abandonment, they challenge us to rethink the predicaments and possibilities of the present, enabling us to imagine futures liberated of extractivist, carceral governance – “planting more liberatory futures in the present”, as Robyn puts it. The task of sowing those seeds is a collective praxis of rewriting the narratives that constitute us, refusing to hear that nothing can change and insisting that everything must. (shrink)

This is the English (and extended version) of an interview originally published in Estonian in October 2018. In the interview, Simpson summarizes a particular way of defending the practice of no-platforming. The varying appeal of different defences of the practice in different socio-historical contexts (i.e. the UK/US versus a post-Soviet country such as Estonia) is discussed also.

May lethal autonomous weapons systems—‘killer robots ’—be used in war? The majority of writers argue against their use, and those who have argued in favour have done so on a consequentialist basis. We defend the moral permissibility of killer robots, but on the basis of the non-aggregative structure of right assumed by Just War theory. This is necessary because the most important argument against killer robots, the responsibility trilemma proposed by Rob Sparrow, makes the same assumptions. We show that the (...) crucial moral question is not one of responsibility. Rather, it is whether the technology can satisfy the requirements of fairness in the re-distribution of risk. Not only is this possible in principle, but some killer robots will actually satisfy these requirements. An implication of our argument is that there is a public responsibility to regulate killer robots ’ design and manufacture. (shrink)

Sex work is highly gendered, with 80 percent of sex workers being female, and the vast majority of buyers of sex being male. It is often taken for granted that this is how it is, and implicit in much of the debate around sex work is the assumption that it is inherently gendered. In this paper, I question this assumption, drawing on sociological research to challenge arguments which purport that it is inconceivable that women would ever want to pay for (...) sex, or that sex work would exist under conditions of gender equality. I argue that gendered sexual norms likely are a significant reason for why sex work is so gendered, but sex work would probably continue to exist under conditions of gender equality, due to the diversity in motivations people have for buying and selling sex. Acknowledging that sex work is not inherently gendered is important for (at least) two reasons. First, it is probable that the gendered nature of sex work contributes to the stigma and bad treatment that sex workers, particularly female ones, face. Secondly, if sex work is not inherently gendered, this will have implications for how we should think about it, morally, practically, and legally. (shrink)

Harry Frankfurt has a comprehensive and, at times, compelling, account of love, which are outlined in several of his works. However, he does not think that romantic love fits the ideal of love as it ‘includes a number of vividly distracting elements, which do not belong to the essential nature of love as a mode of disinterested concern’. In this paper, I argue that we can, nonetheless, learn some important things about romantic love from his account. Furthermore, I will suggest, (...) conversely, that there is distinct value in romantic love, which derives from the nature of the relationship on which it is based. Frankfurt tries to take agape and reformulate it so that it can also account for love of particular people. Whilst he succeeds, to some extent, in describing parental love, he fails to accurately describe romantic love and friendship, and, moreover, overlooks what is distinctly valuable about them. Although it was not his intention to describe romantic love, by failing to include features such as reciprocity in his account of love, Frankfurt leaves no room for a kind of love that is important and valuable to many people. (shrink)

In recent work Mary Kate McGowan presents an account of oppressive speech inspired by David Lewis's analysis of conversational kinematics. Speech can effect identity-based oppression, she argues, by altering 'the conversational score', which is to say, roughly, that it can introduce presuppositions and expectations into a conversation, and thus determine what sort of subsequent conversational 'moves' are apt, correct, felicitous, etc., in a manner that oppresses members of a certain group (e.g. because the suppositions and expectations derogate or demean members (...) of that group). In keeping with the Lewisian picture, McGowan stresses the asymmetric pliability of conversational scores. She argues that it is easier to introduce (for example) sexist presuppositions and expectations into a conversation than it is to remove them. Responding to a sexist remark, she thus suggests, is like trying to "unring a bell". I begin by situating McGowan's work in the wider literature on speech and social hierarchy, and explaining how her account of oppressive speech improves upon the work of others in its explication of the relationship between individuals' verbal conduct and structurally oppressive social arrangements. I then propose an explanation and supportive elaboration of McGowan's claims about the asymmetric pliability of conversations involving identity-oppressive speech. Rather than regarding such asymmetry as a sui generis phenomenon, I show how we can understand it as a consequence of a more general asymmetry between making things salient and un-salient in speech, and I show how this asymmetry also operates in various cases that interested Lewis. (shrink)

This paper examines two recent contributions to the hate speech literature – by Steven Heyman and Jeremy Waldron – which seek a justification for the legal restriction of hate speech in an account of the way that hate speech infringes against people’s dignity. These analyses look beyond the first-order hurts and disadvantages suffered by the immediate targets of hate speech, and consider the prospect of hate speech sustaining complex social structures whose wide-scale operations lower the social status of members of (...) targeted groups. In Heyman’s and Waldron’s accounts we find plausible insights into the nature of identity-based social hierarchies, and the harms that redound to subordinated people under the operations of such hierarchies. I argue, however, that both analyses are unsuccessful as justifications for the restriction of hate speech, because they do not ultimately provide reason to think that hate speech is responsible for creating or sustaining identity-based social hierarchies. (shrink)

In disagreements about trivial matters, it often seems appropriate for disputing parties to adopt a ‘middle ground’ view about the disputed matter. But in disputes about more substantial controversies (e.g. in ethics, religion, or politics) this sort of doxastic conduct can seem viciously acquiescent. How should we distinguish between the two kinds of cases, and thereby account for our divergent intuitions about how we ought to respond to them? One possibility is to say that ceding ground in a trivial dispute (...) is appropriate because the disputing parties are usually epistemic peers within the relevant domain, whereas in a more substantial disagreement the disputing parties rarely, if ever, qualify as epistemic peers, and so ‘sticking to one’s guns’ is usually the appropriate doxastic response. My aim in this paper is to explain why this way of drawing the desired distinction is ultimately problematic, even if it seems promising at first blush. (shrink)

In this chapter, Natasha McKeever and Luke Brunning consider (sexual) jealousy in romantic life. They argue that jealousy is best understood as an emotional response to the threatened loss of love or attention, to which one feels deserving, because of a rival. Furthermore, the general value of jealousy can be questioned, and jealousy’s instrumental value needs to be balanced against a range of potential harms. They assess two potential ways of managing jealousy (which are not mutually exclusive)—firstly by adopting (...) a policy of monogamy and secondly by engaging in emotional work. Neither of these methods is easy, and neither will solve jealousy altogether, but Brunning and McKeever argue that the second strategy should be taken more seriously. (shrink)

It is usually taken for granted that romantic relationships will be sexual, but it seems that there is no necessary reason for this, as it is possible for romantic relationships to not include sex. Indeed, sometimes sex is a part of a romantic relationship for only a relatively short period of it. Furthermore, scientific explanations of the link between sex and love don’t seem fully satisfying because they tell us only about the mechanics of sex, rather than its meaning or (...) phenomenology. Therefore, the question of why it is that the archetypal romantic relationship includes sex, calls for philosophical analysis, yet it has been under-explored in philosophy. In this paper, I attempt to remedy this. I argue that sex is important to romantic love because it partly constitutes, builds, and expresses four of the central goods of a romantic relationship: 1) pleasure, 2) union, 3) intimacy, and 4) vulnerability and care. Thus, sex can be, and often is, an important vehicle for romantic love, though it is not essential for it. (shrink)

Proponents of the view which I call ‘moral antitheodicy’ call for the theistic discourse of theodicy to be abandoned, because, they claim, all theodicies involve some form of moral impropriety. Three arguments in support of this view are examined: the argument from insensitivity, the argument from detachment, and the argument from harmful consequences. After discussing the merits of each argument individually, I attempt to show that they all must presuppose what they are intended to establish, namely, that the set of (...) premises advanced in any given theodicy will be untenable. I conclude by discussing what uses there might be for the moral critique of theodicy, if it cannot be used to ground a global rejection of theodical practice. (shrink)

This paper considers the phenomenon of lying and the implications it has for those subjects who are capable of lying. It is argued that lying is not just intentional untruthfulness, but is intentional untruthfulness plus an insincere invocation of trust. Understood in this way, lying demands of liars a sophistication in relation to themselves, to language, and to those to whom they lie which exceeds the demands on mere truth-tellers.

In this chapter, I argue that we can make sense of moral norms against consensual, adult incest by appealing to the value of familial relationships and the potential for sex to damage them. Viewing sex as unconscionable between family members helps to enable the loving intimacy normally associated with family relationships. Therefore, there is good reason for incest, even when consensual and between adults, to remain taboo. That being said, I argue that there is insufficient legal justification for all consensual, (...) adult incest to be criminalised. I examine four potential arguments in favor of consensual, adult incest being illegal, and conclude that none of them succeeds in justifying a total legal prohibition against it. (shrink)

In Sascha Settegast’s recently published article, “Prostitution and the Good of Sex” in Social Theory and Practice, he argues that prostitution is intrinsically harmful. In this article, I object to his argument, making the following three responses to his account: 1) bad sex is not “detrimental to the good life”; 2) bad sex is not necessarily unvirtuous; 3) sex work is work as well as sex, and so must be evaluated as work in addition to as sex.

This paper seeks to intervene in environmental ethics and social epistemology. Within a predominant strand of environmental ethics, one witnesses accounts based on nonhumans’ ability to suffer, and consequently, the passivity of nonhumans. On the other hand, social epistemology is often not social enough insofar as it does not include nonhumans. Seminal accounts of epistemic injustice often conceal or exclude the possibility that nonhumans can be subjects of knowledge and victims of epistemic injustice because of an anthropocentric bias that maintains (...) propositional language is a necessary condition for knowledge. By presenting a non-anthropocentric, corporeal epistemology, this paper reveals a more affirmative account of nonhumans as epistemic agents with tacit, embodied knowledge. To prevent epistemic depreciation turning into ethical indifference or wrongdoing, this paper focuses on whether it is possible to commit epistemic injustices against nonhumans. In particular, this paper argues that humans can commit fourth-order epistemic exclusion, testimonial injustice, and testimonial smothering against nonhumans. (shrink)

This paper seeks to intervene in environmental ethics and social epistemology. Within a predominant strand of environmental ethics, one witnesses accounts based on nonhumans’ ability to suffer, and consequently, the passivity of nonhumans. On the other hand, social epistemology is often not social enough insofar as it does not include nonhumans. Seminal accounts of epistemic injustice often conceal or exclude the possibility that nonhumans can be subjects of knowledge and victims of epistemic injustice because of an anthropocentric bias that maintains (...) propositional language is a necessary condition for knowledge. By presenting a non-anthropocentric, corporeal epistemology, this paper reveals a more affirmative account of nonhumans as epistemic agents with tacit, embodied knowledge. To prevent epistemic depreciation turning into ethical indifference or wrongdoing, this paper focuses on whether it is possible to commit epistemic injustices against nonhumans. In particular, this paper argues that humans can commit fourth-order epistemic exclusion, testimonial injustice, and testimonial smothering against nonhumans. (shrink)

Several recent critiques of theodicy have incorporated some form of moral objection to the theodical enterprise, in which the critic argues that one ought not to engage in the practice of theodicy. In defending theodical practice against the moral critique, Atle O. Søvik argues that the moral critique (1) begs the question against theodicy, and (2) misapprehends the implications of the claim that it is inappropriate to espouse a theodicy in certain situations. In this paper I suggest some sympathetic emendations (...) for Søvik's theodical apologetic, but I argue against Søvik's claim that the moral critique of theodicy is altogether irrelevant. (shrink)

The norm of monogamy is pervasive, having remained widespread, in most Western cultures at least, in spite of increasing tolerance toward more diverse relationship types. It is also puzzling. People willingly, and often with gusto, adhere to it, yet it is also, prima facie at least, highly restrictive. Being in a monogamous relationship means agreeing to give up certain sorts of valuable interactions and relationships with other people and to severely restrict one’s opportunities for sex and love. It is this (...) restrictiveness which has led for calls among some philosophers for the justification of the norm, and some have argued that it cannot be justified. John McMurtry, for example, writing in 1972, compared monogamy to private property and argued that it serves the capitalist order (McMurtry 1972, 596–97). More recently, Harry Chalmers (2019) has argued that monogamy is morally impermissible. In this chapter we argue that rather than justify the norm, we ought to explain and understand its pervasiveness. Not everyone who follows the norm is doing so blindly, irrationally, or immorally. Indeed, many people are monogamous because being monogamous supports their needs and best enables them to flourish. We suggest that the human need for trust and attachment could underlie many people’s desires for monogamy and, therefore, explain monogamy’s pervasiveness. Focusing on the human need for trust and attachment security can also help us to understand why sexual infidelity can feel like such a betrayal. It can make sense to mutually agree to exclusivity in relationships, in spite of the apparent restrictions this brings. In a sense, not all restrictions are restrictive, because holding ourselves to limits on our behavior can in fact help us to invest in and experience the things we value most. (shrink)

In free speech theory ‘speech’ has to be defined as a special term of art. I argue that much free speech discourse comes with a tacit commitment to a ‘Subtractive Approach’ to defining speech. As an initial default, all communicative acts are assumed to qualify as speech, before exceptions are made to ‘subtract’ those acts that don’t warrant the special legal protections owed to ‘speech’. I examine how different versions of the Subtractive Approach operate, and criticise them in terms of (...) their ability to yield a substantive definition of speech which covers all and only those forms of communicative action that – so our arguments for free speech indicate – really do merit special legal protection. In exploring alternative definitional approaches, I argue that what ultimately compromises definitional adequacy in this arena is a theoretical commitment to the significance of a single unified class of privileged communicative acts. I then propose an approach to free speech theory that eschews this theoretical commitment. (shrink)

Contemporary proponents of theodicy generally believe that a theodical reply to the evidential argument from evil must involve some appeal to the afterlife. In Richard Swinburne's writings on theodicy, however, we find two arguments that may be offered in opposition to this prevailing view. In this paper, these two arguments - the argument from usefulness and the argument from assumed consent - are explained and evaluated. It is suggested that both of these arguments are rendered ineffective by their failure to (...) distinguish between the different ways in which persons may be of-use in the attainment of some good state of affairs. (shrink)

Counterspeech is communication that tries to counteract potential harm brought about by other speech. Theoretical interest in counterspeech partly derives from a libertarian ideal – as captured in the claim that the solution to bad speech is more speech – and partly from a recognition that well-meaning attempts to counteract harm through speech can easily misfire or backfire. Here we survey recent work on the question of what makes counterspeech effective at remedying or preventing harm, in those cases where it (...) is effective, as well as work investigating when and why there is a duty to engage in counterspeech. We suggest that the most fruitful area for philosophical inquiry on this topic, currently, relates to the questions about efficacy. Specifically, we argue that there is a need for better frameworks for conceptualizing the efficacy of counterspeech. Philosophers have collaborative work to do, alongside social scientists, in developing these frameworks. (shrink)

Communicative practices in online and social media sometimes seem to amplify political conflict, and result in significant harms to people who become the targets of collective outrage. Many complaints that have been made about political correctness in the past, we argue, amount to little more than a veiled expression of resentment over the increasing influence enjoyed by progressive activists. But some complaints about political correctness take on a different complexion, in light of the technologically-driven changes to our communicative practices and (...) political discourse. Given the ways in which they are entangled in these new forms of online communication, well-meaning attempts to police the norms of political correctness may end up contributing to individual wrongs, or to destructive social patterns. In this paper we examine these worries, situate them in a broader sociological context, and offer some tentative proposals about how they might be addressed. (shrink)

Gail Murrow and Richard Murrow offer a novel account of dehumanization, by synthesizing data which suggest that where subject S has a dehumanized view of group G, S‘s neural mechanisms of empathy show a dampened response to the suffering of members of G, and S‘s judgments about the humanity of members of G are largely non-conscious. Here I examine Murrow and Murrow‘s suggestions about how identity-based hate speech bears responsibility for dehumanization in the first place. I identify a distinction between (...) (i) accounts of the nature of the harm effected by identity prejudice, and (ii) accounts of how hate speech contributes to the harms of identity prejudice. I then explain why Murrow and Murrow‘s proposal is more aptly construed as an account of type (i), and explain why accounts of this type, even if they‘re plausible and evidentially well-supported, have limited implications in relation to justifications for anti-hate speech law. (shrink)

This paper explains how the practice of ‘no platforming’ can be reconciled with a liberal politics. While opponents say that no platforming flouts ideals of open public discourse, and defenders see it as a justifiable harm-prevention measure, both sides mistakenly treat the debate like a run-of-the-mill free speech conflict, rather than an issue of academic freedom specifically. Content-based restrictions on speech in universities are ubiquitous. And this is no affront to a liberal conception of academic freedom, whose purpose isn’t just (...) to protect the speech of academics, but also to give them the prerogative to determine which views and speakers have sufficient disciplinary credentials to receive a hearing in academic contexts. No platforming should therefore be acceptable to liberals, in principle, in cases where it is used to support a university culture that maintains rigorous disciplinary standards, by denying attention and credibility to speakers without appropriate disciplinary credentials. (shrink)

I argue that Donald Davidson's rejection of the notion of language, as commonly understood in philosophy and linguistics, is justified. However, I argue that his position needs to be supplemented by an account of the development and nurture of pre-linguistic communicative skills. Davidson argues (in 'A Nice Derangement of Epitaphs' and elsewhere) that knowledge of a language (conceived of as a set of rules or conventions) is neither sufficient nor necessary for 'linguistic' communication. The strongest argument against the initial formulation (...) is that while Davidson may have shown that knowledge of a language is not sufficient, he failed to show that it is not necessary. Subsequently, Davidson has invoked his 'triangulation' thesis, to show that understanding can rest on the apprehension of mutuality in a shared objective world, and does not presuppose the sharing of rules or practices. I argue that the starting position arrived at from the triangulation thesis itself presupposes the possibility of communication. The triangulation thesis needs, therefore, to be supplemented by a (non-reductive) naturalistic account of non-linguistic communicative skills. In such an account we must posit shared practices (practices of mutual engagement with a shared world), but not an account of practices conceived on the model of rules or conventions. I note, finally, that by adopting such an approach we offer a way of explicating the formulation of passing theories, which in Davidson's account are the point at which communicative understanding occurs. (shrink)

The question of whether lies by those who govern are acceptable receives a clear focus and an ideal case in the Republic. Against C. D. C. Reeve, and T. C. Brickhouse and N. D Smith, I argue that the Republic’s apparent recommendation of administrative lies is incoherent. While lies may be a necessary part of the City’s administration, the process and practice of lying undermines that nature which is necessary for any suitable ruler – rendering the ideal impossible. I argue (...) that this analysis, while concerned with an ideal case, also applies to the political realist’s regrettable-but-necessary defence of such practices. (shrink)

Wittgenstein constantly invokes teaching, training and learning in his later work. It is therefore interesting to consider what role these notions play for him there. I argue that their use is central to Wittgenstein’s attempt to refute cognitivist assumptions, and to show how normative practices can be understood without the threat of circularity, grounded not in a kind of seeing, but in doing, and the natural reactions of an organism. This can generate a worry that Wittgenstein’s position is quietist and (...) anti-critical: critique, as a challenge to the taken-for-granted grammar of our language game, is technically meaningless. I argue that Wittgenstein does not rule out critique. His own practice demonstrates that critique is possible, but takes place within a language game, and its status as critique is always subject to challenge in the agora of a discourse. (shrink)

According to the dogmatism puzzle, for any S and any p, if S knows that p, then she’s entitled to be dogmatic about p, and so disregard any evidence against p, for she knows that (or is in a position to know that) that evidence is misleading. But this seems clearly problematically dogmatic. The standard solution to the dogmatism puzzle involves appealing to the view that acquiring new evidence (even misleading evidence) can undermine one’s knowledge that p. That’s why one (...) can’t rightly disregard any future evidence against p. This solution to the dogmatism puzzle has come to be called ‘the defeat solution’. Maria Lasonen-Aarnio has recently argued, however, that the defeat solution leaves unsolved a partial defeat version of the dogmatism puzzle, where some subject acquires weak misleading evidence against p, but, since it is weak, it doesn’t rob her of knowledge that p. Lasonen-Aarnio argues that solving this partial defeat version of the dogmatism puzzle requires those who endorse the defeasibility of knowledge to either go dogmatist or reject an extremely plausible principle that she calls ‘Entitlement’ (roughly, for any S and any e, if S knows that evidence e is misleading, then S can rightly disregard e). In this paper, however, I argue that defeasibilists face no such challenge from any version of the dogmatism puzzle, since the dogmatism puzzle, in both its original and partial defeat form, rests on an assumption that we have very good reason to think is mistaken. Specifically, the assumption that, for any S and any p, if S knows that p, then S knows (or is in a position to know) that any evidence against p is misleading. I further argue that rejecting this assumption also yields a neat solution to the dogmatism puzzle involving intention originally proposed by Saul Kripke and recently adapted by R.E. Fraser. (shrink)

In this paper we examine the ethical implications of emerging Nanotechnologically Enhanced Combat Systems (or 'NECS'). Through a combination of materials innovation and biotechnology, NECS are aimed at making combatants much less vulnerable to munitions that pose a lethal threat to soldiers protected by conventional armor. We argue that increasing technological disparities between forces armed with NECS and those without will exacerbate the ethical problems of asymmetric warfare. This will place pressure on the just war principles of jus in bello, (...) by encouraging the resort to tactics that either (i) make it more difficult to respect these principles or (ii) directly violate them, by virtue of attacking non-combatants or creating disproportionate numbers of casualties without a clear military goal. (shrink)

The standard view of academic freedom and free speech is that they play complementary roles in universities. Academic freedom protects academic discourse, while other public discourse in universities is protected by free speech. Here I challenge this view, broadly, on the grounds that free speech in universities sometimes undermines academic practices. One defense of the standard view, in the face of this worry, says that campus free speech actually furthers the university’s academic aims. Another says that universities have a secondary (...) democratic function, which cannot be fulfilled without free speech on campus. I identify shortcomings in both types of arguments. (shrink)

The idea that human beings are intellectually self-governing plays two roles in free-speech theory. First, this idea is frequently called upon as part of the justification for free speech. Second, it plays a role in guiding the translation of free-speech principles into legal policy by underwriting the ascriptive framework through which responsibility for certain kinds of speech harms can be ascribed. After mapping out these relations, I ask what becomes of them once we acknowledge certain very general and profound limitations (...) in people's capacity for intellectual self-governance. I argue that acknowledging these limitations drastically undermines the putative justifications for free speech of the type that I identify in the first part of the paper. I then show how we can reformulate an account of intellectual and doxastic responsibility on which we may still be held responsible for what we think or believe even though we lack agent-causal capacities in our thinking and believing. Then, in light of this ascriptive account of intellectual responsibility, I show how the key ideahave minds of their owncan (and should) still play a significant role in guiding the legislative outworkings of free speech. (shrink)

In this paper I argue that Donald Davidson's rejection of the notion of language, as commonly understood in philosophy and linguistics, is justified. However, I argue that his position needs to be supplemented by an account of the development and nurture of pre-linguistic communicative skills. Davidson argues (in ‘A Nice Derangement of Epitaphs' and elsewhere) that knowledge of a language (conceived of as a set of rules or conventions) is neither sufficient nor necessary for 'linguistic' communication. The strongest argument against (...) the initial formulation is that while Davidson may have shown that knowledge of a language is not sufficient, he failed to show that it is not necessary. Subsequently, Davidson has invoked his Triangulation' thesis, to show that understanding can rest on the apprehension of mutuality in a shared objective world, and does not presuppose the sharing of rules or practices. I argue that the starting position arrived at from the triangulation thesis itself presupposes the possibility of communication. The triangulation thesis needs, therefore, to be supplemented by a (non-reductive) naturalistic account of non-linguistic communicative skills. In such an account we must posit shared practices (practices of mutual engagement with a shared world), but not an account of practices conceived on the model of rules or conventions. I note, finally, that by adopting such an approach we offer a way of explicating the formulation of passing theories, which in Davidson's account are the point at which communicative understanding occurs. (shrink)

Austin's distinction between locutionary and illocutionary acts has offered a fruitful way of focussing the relation between language and communication. In particular, by adopting the distinction we attend to linguistic and communicative subjects as actors, not just processors or conduits of information. Yet in many attempts to explicate the constitution of illocutionary acts the subject as actor is subsumed within the role of linguistic rules or conventions. I propose an account of illocutionary acts in which rules or conventions are secondary (...) to what I call communicative skills. These skills are taken as the primary component of communicative competence. They are derived from the principle that linguistic communication is not ultimately a linguistic matter, but relates instead to the way a communicator uses language. This principle is found in the work of Donald Davidson, but Davidson has tended to concentrate on semantics, and leaves the details of linguistic communication for pragmatics. The aim of this paper is to defend the general principle and supply some pragmatic details. (shrink)

There is an intuitive difference in how we think about pluralism and attitudinal diversity in epistemological contexts versus political contexts. In an epistemological context, it seems problematically arbitrary to hold a particular belief on some issue, while also thinking it perfectly reasonable to hold a totally different belief on the same issue given the same evidence. By contrast, though, it doesn’t seem problematically arbitrary to have a particular set of political commitments, while at the same time thinking it perfectly reasonable (...) for someone in a similar position have a totally different set of political commitments. This chapter examines three explanatory theses that might be used to make sense of this difference: (1) that practical commitments are desire dependent in a way that beliefs are not; (2) that there are reasons to be resolute in practical commitments, but not in beliefs; and (3) that compromise in the face of practical political disagreement doesn’t mitigate controversy, whereas compromise in the face of disagreement about mere beliefs does mitigate controversy. (shrink)

McGowan argues that everyday verbal bigotry makes a key contribution to the harms of discriminatory inequality, via a mechanism that she calls sneaky norm enactment. Part of her account involves showing that the characteristic of conversational interaction that facilitates sneaky norm enactment is in fact a generic one, which obtains in a wide range of activities, namely, the property of having conventions of appropriateness. I argue that her account will be better-able to show that everyday verbal bigotry is a key (...) factor in social inequality if it tries to isolate a more specific property of conversation as the thing that facilitates sneaky norm enactment. (shrink)

The problem of creeping minimalism concerns how to tell the difference between metaethical expressivism and its rivals given contemporary expressivists’ acceptance of minimalism about truth and related concepts. Explanationism finds the difference in what expressivists use to explain why ethical language and thought has the content it does. I argue that two recent versions of explanationism are unsatisfactory and offer a third version, subject matter explanationism. This view, I argue, captures the advantages of previous views without their disadvantages and gives (...) us a principled and general characterisation of non-representational views about all kinds of language and thought. (shrink)

This article offers a comprehensive and critical analysis of Eric Heinze’s book Hate Speech and Democratic Citizenship (Oxford University Press, 2016). Heinze’s project is to formulate and defend a more theoretically complex version of the idea (also defended by people like Ronald Dworkin and James Weinstein) that general legal prohibitions on hate speech in public discourse compromises the state’s democratic legitimacy. We offer a detailed synopsis of Heinze’s view, highlighting some of its distinctive qualities and strengths. We then develop a (...) critical response to this view with three main focal points: (1) the characterisation of democratic legitimacy as something distinct from (and whose demands aren’t identical with those of) legitimacy per se; (2) the claim that the requirements of democracy are hypothetical, rather than categorical, imperatives; and relatedly (3) the question of how we should reconcile the requirements of democratic legitimacy with the costs that may follow from prioritising democratic legitimacy. We argue that there are significant difficulties for Heinze’s account on all three fronts. (shrink)

This chapter examines two ways in which liberal thinkers have appealed to claims about disagreement in order to defend a principle of free speech. One argument, from Mill, says that free speech is a necessary condition for healthy disagreement, and that healthy disagreement is conducive to human flourishing. The other argument says that in a community of people who disagree about questions of value, free speech is a necessary condition of legitimate democratic government. We argue that both of these arguments, (...) in their standard guises, are premised upon contestable views about the realpolitik of disagreement in a liberal society. (shrink)

The verb to legitimate is often used in political discourse in a way that is prima facie perplexing. To wit, it is often said that an actor legitimates a practice which is officially prohibited in the relevant context – for example, that a worker telling sexist jokes legitimates sex discrimination in the workplace. In order to clarify the meaning of statements like this, and show how they can sometimes be true and informative, we need an explanation of how something that (...) is officially illegitimate can have a kind of ersatz legitimacy conferred on it, and how this can occur even when the actor ‘doing the legitimating’ lacks formal authority. I examine one putative explanation centred around the phenomenon of normalization, and I highlight some advantages that this account has in comparison to an alternative explanation, one that makes reference to the phenomenon of licensed authority. (shrink)

Mill thinks our attitudes should be held in a way that’s active and ‘alive’. He believes attitudes that lack these qualities—those held dogmatically, or in unreflective conformity—are inimical to our well-being. This claim then serves as a premiss in his argument for overarching principles of liberty. He argues that attitudinal vitality, in the relevant sense, relies upon people experiencing attitudinal conflict, and that this necessitates a prioritization of personal liberties. I argue that, pace Mill, contestation isn’t required for attitudinal vitality. (...) I describe one species of attitudinal vitality that isn’t reliant upon conflict. (shrink)

There are prima facie ethical reasons and prudential reasons for people to avoid or withdraw from social media platforms. But in response to pushes for people to quit social media, a number of authors have argued that there is something ethically questionable about quitting social media: that it involves — typically, if not necessarily — an objectionable expression of privilege on the part of the quitter. In this paper I contextualise privilege-based objections to quitting social media and explain the underlying (...) principles and assumptions that feed into these objections. I show how they misrepresent the kind of act people are performing in quitting, in part by downplaying its role in promoting reforms in communication systems and technologies. And I suggest that this misrepresentation is related to a more widespread, and ultimately insidious, tendency to think of recently-established technological states of affairs as permanent fixtures of our society. (shrink)

People sometimes try to call others’ beliefs into question by pointing out the contingent causal origins of those beliefs. The significance of such ‘Etiological Challenges’ is a topic that has started attracting attention in epistemology. Current work on this topic aims to show that Etiological Challenges are, at most, only indirectly epistemically significant, insofar as they bring other generic epistemic considerations to the agent’s attention. Against this approach, we argue that Etiological Challenges are epistemically significant in a more direct and (...) more distinctive way. An Etiological Challenge prompts the agent to assess whether her beliefs result from practices of indoctrination, and whether she should reduce confidence in those beliefs, given the anti-reliability of indoctrination as a method of belief-acquisition. Our analysis also draws attention to some of the ways in which epistemic concerns interact with political issues—e.g. relating to epistemic injustice, identity-based discrimination, and segregation—when we’re thinking about the contingent causal origins of our beliefs. (shrink)

A growing body of work in free speech theory is interested in the nature of counterspeech, i.e. speech that aims to counteract the effects of harmful speech. Counterspeech is usually defined in opposition to legal responses to harmful speech, which try to prevent such speech from occurring in the first place. In this paper we challenge this way of carving up the conceptual terrain. Instead, we argue that our main classificatory division, in theorising responses to harmful speech, should be between (...) pro-discursive and anti-discursive responses. Some legal responses to harmful speech, so we argue, make a positive discursive contribution in their own right. That is, legal restrictions on harmful speech can have a function that is importantly similar to speech that aims at countering the effects of harmful speech. (shrink)

Why should musical compositions and artistic images be included among the types of expression covered by free speech principles? One way to answer this question is to show how expression in nonverbal media can be functionally similar to other types of verbal expression. But this leaves us with an intuitively unsatisfying explanation of why free speech principles cover nonverbal creative expression that does not functionally emulate literal speech. In this article, as an alternative justification, we develop and defend the idea (...) that musical and pictorial expression‚ much like literal speech, can be media through which people think aloud, as opposed to mere tools for the transmission of thought. We use this proposal to provide a more robust justification for including nonverbal creative expression in the scope of free speech coverage, and we outline some of the practical policy implications that come with adopting this justificatory strategy. (shrink)

Some authors claim that hate speech plays a key role in perpetuating unjust social hierarchy. One prima facie plausible hypothesis about how this occurs is that hate speech has a pernicious influence on the attitudes of children. Here I argue that this hypothesis has an important part to play in the formulation of an especially robust case for general legal prohibitions on hate speech. If our account of the mechanism via which hate speech effects its harms is built around claims (...) about hate speech’s influence on children, then we will be better placed to acquire evidence that demonstrates the processes posited in our account, and better placed to ascribe responsibility for these harms to individuals who engage in hate speech. I briefly suggest some policy implications that come with developing an account of the harm of hate speech along these lines. (shrink)