We consider the current debate between bioconservatives and their opponents—whom we dub bioliberals—about the moral acceptability of human enhancement and the policy implications of moral debates about enhancement. We argue that this debate has reached an impasse, largely because bioconservatives hold that we should honour intuitions about the special value of being human, even if we cannot identify reasons to ground those intuitions. We argue that although intuitions are often a reliable guide to belief and action, there are circumstances in (...) which they are not reliable. Intuitions—including intuitions about enhancement—are subject to various cognitive biases rendering them unreliable in some circumstances. We argue that many bioconservative intuitions about enhancement are examples of such unreliable intuitions. Given this, it is unrealistic of bioconservatives to expect others to rely on their unexamined intuitions. Furthermore, refusing to engage in debates about the reasons and values that underpin their intuitions about enhancement will have the effect of making bioconservative voices less relevant in policy debates about enhancement than they would otherwise be. (shrink)

(No abstract is available for this citation).

Is it conceptually possible for an event, L, to be the cause of an earlier event, E? Some writers have employed the so-called bilking argument to attempt to show that the idea of such backwards causation is incoherent . According to this argument, if we are presented with what someone claims to be a case of backwards causation, it would be possible in principle to wait for E to occur, and then intervene to prevent the occurrence of L, thus demonstrating (...) that E could not have been caused by L after all. Moreover, if our attempts to bilk L-type events having observed E-type events always fail, we have grounds to argue that any causal relationship between the two is not one of backwards causation, but of ordinary, forwards, earlier-to-later causation.Does the bilking argument succeed in showing backwards causation to be incoherent? Before answering this question, let us deal with a far simpler reason for deeming backwards causation incoherent, whose elucidation now will be useful later. To those attracted to the view that temporal order is determined by causal order, 1 backwards causation may seem incoherent because on this view a cause is by definition earlier than its effect. I do not take issue with this view, and wish my conception of backwards causation to be compatible with it. 2 By ‘backwards causation’, I mean causation that runs in the opposite direction to some other causal processes, such that the temporal order entailed by such backwards causation is the reverse of that entailed by those other causal processes. In most philosophical discussions of backwards causation, we are at least implicitly given reasons to believe that these other causal processes dictate the …. (shrink)

Expressions of emotion pose a serious challenge to the view that we perceive other people’s emotions directly. If we must perceive expressions in order to perceive emotions, then it is only ever the expressions that we are directly aware of, not emotions themselves. This paper develops a new response to this challenge by drawing an analogy between expressions of emotion and perceptual media. It is through illumination and sound, the paradigmatic examples of perceptual media, that we can see and hear (...) objects around us. Instead of screening these objects from view, however, they enable our perception while being transparent to us. With reference to perceptual constancy and transparency, I show how expressions show up in our experience of emotions in a surprisingly similar way. Given this, we can understand expressions as the media _through_ which we perceive emotions and overcome the above challenge to an otherwise attractive view. (shrink)

Former NAACP chapter head Rachel Dolezal's attempted transition from the white to the black race occasioned heated controversy. Her story gained notoriety at the same time that Caitlyn Jenner graced the cover of Vanity Fair, signaling a growing acceptance of transgender identity. Yet criticisms of Dolezal for misrepresenting her birth race indicate a widespread social perception that it is neither possible nor acceptable to change one's race in the way it might be to change one's sex. Considerations that support transgenderism (...) seem to apply equally to transracialism. Although Dolezal herself may or may not represent a genuine case of a transracial person, her story and the public reaction to it serve helpful illustrative purposes. (shrink)

It is a truism that humans are social animals. Thus, it is no surprise that we understand the world, each other, and ourselves in terms of social kinds such as money and marriage, war and women, capitalists and cartels, races, recessions, and refugees. Social kinds condition our expectations, inform our preferences, and guide our behavior. Despite the prevalence and importance of social kinds, philosophy has historically devoted relatively little attention to them. With few exceptions, philosophers have given pride of place (...) to the kinds studied by the natural sciences, especially physics. However, philosophical interest in social kinds is growing in recent years. I critically examine answers to a cluster of related questions concerning the metaphysics of social kinds. Are social kinds natural kinds? Do social kinds have essences? Are social kinds mind dependent? Are social kinds real? (shrink)

Games Studies reveals the performative nature of playing a character in a virtual-game-world (Nitsche 2008, p.205; Pearce 2006, p.1; Taylor 2002, p.48). Tbe Player/Character relationship is typically understood in terms of the player’s in-game “presence” (Boellstorff 2008, p.89; Schroeder 2002, p.6). This gives the appearance that living-into a game-world is an all-or- nothing affair: either the player is “present” in the game-world, or they are not. I argue that, in fact, a constitutive phenomenology reveals the Player/Character relationship to be a (...) multi-dimensional matter of empathy. I advance a broadly Schutzian framework, drawing on his 1932 discussions of “face-to-face encounters” and ”historical predecessors,” showing how at- tention to empathy reveals a variety of “presences” that different kinds of Player/Character relationships afford. The central determinants of empathetic affordances which I focus on here are (i) how much players know about a character (especially the character’s past) and (ii) how players learn this information.The purpose of this discussion will be to show that a phenomenological analysis reveals that the relationship between a player and their character is complex, highly variable, and inherently social. Furthermore, it will add to the growing body of scholarship that demonstrates that video games are rich social objects deserving of study. (shrink)

This paper compares Aristotle’s and Aquinas’s accounts of the virtue of magnanimity specifically as a corrective to the vice of pusillanimity. After definingpusillanimity and underscoring key features of Aristotelian magnanimity, I explain how Aquinas’s account of Christian magnanimity, by making humandependence on God fundamental to this virtue, not only clarifies the differences between the vice of pusillanimity and the virtue of humility, but also showswhy only Christian magnanimity can free us from improper and damaging forms of dependence on the opinions (...) and standards of others, enabling us toavoid the moral pitfalls of both pusillanimity and presumption. (shrink)

Traditionally, social entities (i.e., social properties, facts, kinds, groups, institutions, and structures) have not fallen within the purview of mainstream metaphysics. In this chapter, we consider whether the exclusion of social entities from mainstream metaphysics is philosophically warranted or if it instead rests on historical accident or bias. We examine three ways one might attempt to justify excluding social metaphysics from the domain of metaphysical inquiry and argue that each fails. Thus, we conclude that social entities are not justifiably excluded (...) from metaphysical inquiry. Finally, we ask how focusing on social entities could change the character of metaphysical inquiry. We suggest that starting from examples of social entities might lead metaphysicians to rethink the assumption that describing reality in terms of intrinsic, independent, and individualistic features is preferable to describing it in terms of relational, dependent, and non-individualistic features. (shrink)

Previous work in Game Studies has centered on several loci of investigation in seeking to understand virtual gameworlds. First, researchers have scrutinized the concept of the virtual world itself and how it relates to the idea of “the magic circle”. Second, the field has outlined various forms of experienced “presence”. Third, scholarship has noted that the boundaries between the world of everyday life and virtual worlds are porous, and that this fosters a multiplicity of identities as players identify both with (...) themselves-offline and themselves-in-game. Despite widespread agreement that these topics are targets for research, so far those working on these topics do not have mutually agreed-upon framework. Here we draw upon the work of Alfred Schutz to take up this call. We provide a phenomenological framework which can be used to describe the phenomena of interest to Game Studies, as well as open new avenues of inquiry, in a way acceptable and useful to all. This helps to distinguish the core of the field from the supplemental theoretical and critical commitments which characterize diverse approaches within the field. (shrink)

Many countries are experiencing increasing levels of demand for access to assisted reproductive technologies. Policies regarding who can access ART and with what support from a collective purse are highly contested, raising questions about what state responses are justified. Whilst much of this debate has focused on the status of infertility as a disease, we argue that this is something of a distraction, since disease framing does not provide the far-reaching, robust justification for state support that proponents of ART seem (...) to suppose. Instead, we propose that debates about appropriate state responses should consider the various implications for health and broader well-being that may be associated with difficulties starting a family. We argue that the harms and disruption to valued life projects of subfertility-related suffering may provide a stronger basis for justifying state support in this context. Further, we suggest that, whilst ART may alleviate some of the harm resulting from subfertility, population-level considerations can indicate a broader range of interventions aimed at tackling different sources of subfertility-related harm, consistent with broader public health aims. (shrink)

As a result of the world-wide COVID-19 epidemic, an internal tension in the goals of medicine has come to the forefront of public debate. Medical professionals are continuously faced with a tug of...

The conviction that high self-esteem is beneficial both to the individual and to society in general has been pervasive both in academia and in popular culture. If it is indeed beneficial, it is a prime candidate for pharmacological enhancement. There is evidence to suggest, however, that the benefits of high self-esteem to the individual have been exaggerated; and that there are few - if any - social benefits. With this evidence in mind, I consider in what ways high self-esteem is (...) valuable, and suggest how enhancement could play a role in maximising its valuable aspects. (shrink)

Biological ontologies are used to organize, curate, and interpret the vast quantities of data arising from biological experiments. While this works well when using a single ontology, integrating multiple ontologies can be problematic, as they are developed independently, which can lead to incompatibilities. The Open Biological and Biomedical Ontologies Foundry was created to address this by facilitating the development, harmonization, application, and sharing of ontologies, guided by a set of overarching principles. One challenge in reaching these goals was that the (...) OBO principles were not originally encoded in a precise fashion, and interpretation was subjective. Here we show how we have addressed this by formally encoding the OBO principles as operational rules and implementing a suite of automated validation checks and a dashboard for objectively evaluating each ontology’s compliance with each principle. This entailed a substantial effort to curate metadata across all ontologies and to coordinate with individual stakeholders. We have applied these checks across the full OBO suite of ontologies, revealing areas where individual ontologies require changes to conform to our principles. Our work demonstrates how a sizable federated community can be organized and evaluated on objective criteria that help improve overall quality and interoperability, which is vital for the sustenance of the OBO project and towards the overall goals of making data FAIR. Competing Interest StatementThe authors have declared no competing interest. (shrink)

1 Some philosophers defend the thesis that women are adult human females. Call this the adult human female thesis (AHF). There are two versions of this thesis—one modal and one definitional. Accord...

What would a course on ethics look like if it took into account Alasdair MacIntyre’s concerns about actually teaching students ethical practices? How could professors induct students into practices that prompt both reflection on their cultural formation and self-knowledge of the ways they have been formed by it? According to MacIntyre, such elements are prerequisites for an adequate moral education. His criticism of what he terms “Morality” includes the claim that most courses don’t even try to teach the right things. (...) He charges that academic teaching has little if anything to do with character formation, whereas thick practices can transform lives in ways mere argument can never do. Even those who appreciate his arguments and agree with his criticisms, however, may find implementing more adequate forms of ethical instruction in the university classroom a tall order. My goal in this essay is to provide a sketch of my own experimental course on normative ethics in order to illustrate what teaching according to a more MacIntyrean program might look like. (shrink)

Controversial and provocative, To Be Real is a blueprint for the creation of a new political force.

I argue that the direct perception of emotion (DP) is best conceived in terms of event perception, rather than fact perception or object perception. On neither of these two traditional models can the perception of emotion be as direct as its counterpart in ordinary perception; the proponent of DP must either drop the ‘direct’ claim or embrace a part-whole model of emotion perception and its problems. But our best account of how we perceive events directly can be applied to emotion (...) perception without any loss in directness. Not only this but there are good reasons to think that such a conception better respects both empirical evidence and the phenomenology of emotion perception. (shrink)

In this chapter, DeYoung looks at the culturally and historically recognized virtue of courage. She specifically questions how we should think of all the pictures of courage and where we might look for Christlike examples of courage. To do this, DeYoung explores courage as it relates to fear and love and then delves into how courage can be a Christian practice.

This paper is an exploration of the Thomistic vice of despair, one of two vices opposed to the theological virtue of hope. Aquinas's conception of despair as a vice, and a theological vice in particular, distances him from contemporary use of the term "despair" to describe an emotional state. His account nonetheless yields a compelling psychological portrait of moral degeneration, which I explain via despair's link to its "root," the capital vice of sloth. Cases in which sloth and its offspring (...) vices progress into full-fledged despair raise intersecting issues about whether and how despair might be remediable. I conclude by considering puzzles regarding despair's disordered effects on the intellect and will and weighing three possible means of remedying it. (shrink)

Recent events have revived questions about the circumstances that ought to trigger therapists' duty to warn or protect. There is extensive interstate variation in duty to warn or protect statutes enacted and rulings made in the wake of the California Tarasoff ruling. These duties may be codified in legislative statutes, established in common law through court rulings, or remain unspecified. Furthermore, the duty to warn or protect is not only variable between states but also has been dynamic across time. In (...) this article, we review the implications of this variability and dynamism, focusing on three sets of questions: first, what legal and ethics-related challenges do therapists in each of the three broad categories of states (states that mandate therapists to warn or protect, states that permit therapists to breach confidentiality for warnings but have no mandate, and states that give no guidance) face in handling threats of violence? Second, what training do therapists and other professionals involved in handling violent threats receive, and is this training adequate for the task that these professionals are charged with? Third, how have recent court cases changed the scope of the duty? We conclude by pointing to gaps in the empirical and conceptual scholarship surrounding the duty to warn or protect. (shrink)

Negation often reinforces problematic habits of othering, but rethinking negation can make good on feminist hopes for logic as a transformative space for inclusion. As Plumwood argues in her 1993 paper, not all uses of negation in the context of social identity are inherently problematic, but the widespread implicit use of classical negation has limited our options with respect to representing difference, ultimately reinforcing dualisms that essentialize social differences in problematic ways. In response to these limitations, I take inspiration from (...) Dembroff’s recent work on the metaphysics of genderqueer identity to build models of social identity using the Heyting-Brouwer logic developed by Rauszer in her 1974 paper. Ultimately, I argue that these models demonstrate both how classical negation reinforces problematic habits of othering and how alternative forms of negation can transform our treatment of social identity altogether. (shrink)

In this essay I will contend that there is something called holy fear, which expresses love for God. First I distinguish holy fear from certain types of unholy fear and from the type of fear regulated by the virtue of courage. Next, relying on the work of Thomas Aquinas, I consider the roles love and power play in holy and unholy fear and extend his analysis of the passion of fear by analogy to the capital vices. I conclude that this (...) extension illuminates the moral significance of John PaulII’s call not to be afraid and shows how this theme of his pontificate is inextricably linked to another great theme of his teaching, that of love as a gift of oneself. (shrink)

In this essay, I consider how the theological virtue of hope might be practiced. I will first explain Thomas Aquinas’s account of this virtue, including its structural relation to the passion of hope, its opposing vices, and its relationship to the friendship of charity. Then, using narrative and character analysis from the film The Shawshank Redemption, I examine a range of hopeful and proto-hopeful practices concerning both the goods one hopes for and the power one relies on to attain those (...) goods. In particular, I show how the film’s picture of the role friends and friendship play in catalyzing hope is a compelling metaphor for Christian hope’s reliance on God. (shrink)

This chapter explores two kinds of testimonial trust, what we call ‘evidential trust’ and ‘non-evidential trust’ with the aim of asking how testimonial trust could provide epistemic reasons for belief. We argue that neither evidential nor non-evidential trust can play a distinctive role in providing evidential reasons for belief, but we tentatively propose that non-evidential trust can in some circumstances provide a novel kind of epistemic reason for belief, a reason of epistemic facilitation. The chapter begins with an extensive discussion (...) of standard accounts of both kinds of trust and criticises especially the standard accounts of non-evidential trust. A new account of non-evidential trust is offered that avoids a number of difficulties that plague the standard accounts by rejecting what we call ‘attitude-liability assumptions’. (shrink)

Feminist standpoint theory is a variety of feminist epistemology that has been active since the 1980s. Its two central tenets are (1) that knowledge is necessarily situated within a socio-political context, and (2) that certain socio-political positions or standpoints are epistemically privileged when it comes to “reveal[ing] the truth of social reality” (Hekman 1997). Over the course of its history, standpoint theory has encountered a number of problems which have revealed divisions among its supporters over certain fundamental philosophical commitments. In (...) this paper, I sketch out a phenomenological account of perception that can begin to address these problems, drawn largely from Maurice Merleau-Ponty’s Phenomenology of Perception. There are two major issues that I believe a Merleau-Pontyan view of perception can help alleviate. One is that there has never been a thorough articulation of a theory of perception underlying standpoint theory’s central claims. This is surprising, since arguments in favor of standpoint theory often emphasize that occupying a certain standpoint enables one to see the world differently (see Hartsock 1983, among others). The other problem is the complex tension between standpoint theory’s two central theses. Positing that knowledge is necessarily situated seems to make it difficult to account for one single reality about which some particular group could be epistemically privileged (Hekman 1997). Merleau-Ponty can help us resolve these issues by providing an account of perspectival perception wherein a multiplicity of different perceptual standpoints all nonetheless put us in touch with a single "external" world. Merleau-Ponty’s account also explains how it could be that some standpoints are better than others when it comes to accessing certain features of this world. For Merleau-Ponty, it is not a problem if each perspective is incomplete, partial, or even apparently conflicting with other perspectives. The proliferation of standpoints need not lead us into an unacceptably relativistic framework, as long as we are able to conceive of each of these standpoints as giving whoever occupies it access to some particular aspect of a singular, real, shared world. (shrink)

A reconciliation of different approaches to anger in the Christian moral tradition, with cautions and recommendations for virtuous anger formation.

Heidegger’s engagement with the poet Friedrich Hölderlin often dwells on the issue of temporality. For Heidegger, Hölderlin is the most futural thinker (zukünftigster Denker) whose poetry is necessary for us now and must be wrested from being buried in the past. Heidegger frames his reading of Hölderlin in terms of past, present, and future and, more importantly, describes him as being able to poetize time. This paper examines what it means to poetize time and why Hölderlin’s poetry in particular allows (...) us to understand temporality as the interplay of presence and non-presence. (shrink)

The concept of the exception has heavily shaped modern political theory. In modernity, Kierkegaard was one of the first philosophers to propound the exception as a facilitator of metaphysical transcendence. Merging Kierkegaard’s metaphysical exception with early modern political theorist Jean Bodin’s theory of sovereignty, Carl Schmitt introduced sovereignty to metaphysics. He thereby made an early modern concept usable in a post-metaphysical world. This essay carries Schmitt’s appropriation one step further. Drawing on Walter Benjamin’s replacement of transcendental metaphysics with contingent creaturehood, (...) it reintroduces the anti-foundationalist concept of repetition that was implicit in Kierkegaard’s paradigm but which was not made lucid until Benjamin crafted from the Schmittian exception a vision of political life grounded in creaturely existence. -/- . (shrink)

Defining the capital vice of sloth (acedia) is a difficult business in Thomas Aquinas and in the Christian tradition of thought from which he draws his account. In this article, I will raise three problems for interpreting Aquinas's account of sloth. They are all related, as are the resolutions to them I will offer. The three problems can be framed as questions: How, on Aquinas's account, can sloth consistently be categorized as, first, a capital vice and, second, a spiritual vice? (...) These two questions lead to a third, namely, how is the condition of sloth possible, given Aquinas's moral psychology and the nature of the will? The resolution of these interpretive issues can help do two things. It can help explain the apparent inconsistency between traditional (ancient and medieval) and contemporary conceptions of this vice, and —if Aquinas's account is right— it can help us diagnose contemporary moral and spiritual maladies that may either go unnoticed or be confused with distinctively modern "virtues" like diligence and industriousness. (shrink)

In this essay, I reply to critiques of my article “In Defense of Transracialism.” Echoing Chloë Taylor and Lewis Gordon’s remarks on the controversy over my article, I first reflect on the lack of intellectual generosity displayed in response to my paper. In reply to Kris Sealey, I next argue that it is dangerous to hinge the moral acceptability of a particular identity or practice on what she calls a collective co-signing. In reply to Sabrina Hom, I suggest that relying (...) on the language of passing to describe transracialism is potentially misleading. In reply to Tina Botts, I both defend analytic philosophy of race against her multiple criticisms and suggest that Botts’s remarks risk complicity with a form of transphobia that Talia Mae Bettcher calls the Basic Denial of Authenticity. I end by gesturing toward a more inclusive understanding of racial identity. (shrink)

Hegel was ambivalent about Dutch genre painting’s uncanny ability to find beauty in daily life. The philosopher regarded the Dutch painterly aesthetic as Romanticism avant la lettre, and classifies it as such in his Lectures on Aesthetics, under the section entitled “Die romantischen Künste [The Romantic arts].”1 Dutch art, in Hegel’s reading, is marred by many shortcomings. The most prominent among these are the “subjective stubbornness [subjective Beschlossenheit]” that prevents this art from attaining to the “free and ideal forms of (...) expression” that marked the productions of Italian artists such as Raphael. In contradistinction to their Italian counterparts, Dutch artists in Hegel’s view are apt to. (shrink)

This paper interprets von Trier’s Dogville as a suspension of belief that provokes a re-evaluation of contemporary moral values. Reading Dogville through the Stoic concept of phantasms and Nietzsche’s perspectivism, I analyze the plot and visual techniques as revealing how we form, evaluate, and re-evaluate our beliefs based on changing impressions and shifting perspectives. The philosophy of the Stoics and Nietzsche and the visual techniques of Dogville demonstrate that the recognition of the artificiality of appearances serves a moral purpose by (...) forcing us to examine our beliefs more deeply. In this way, von Trier presents film as a powerful art form for suspending and evaluating how we see and understand the world. (shrink)

This paper applies Karl Jaspers’ and Martin Heidegger’s accounts of transcendence to their descriptions of Van Gogh’s art. I will contrast Jaspers’ more vertical account of immanent transcendence to Heidegger’s horizontal one. This difference between their separate understandings of transcendence manifests itself in their estimations of the significance of Van Gogh’s art. Using phenomenology to understand Van Gogh’s art in light of immanent transcendence, moreover, illuminates a new understanding of transcendence as the ‘beyond’ that is always already here in the (...) immanent and reveals the ability of an object to point beyond itself. Both of these concepts are at work in Van Gogh’s art as well as modern art in general as the expansion of reality through new sight. Immanent transcendence and Van Gogh’s art are different but interconnected ways of rethinking experience beyond the limits of positivism and the myth of the given. Van Gogh’s art thus embodies a sensible world transformed. In particular, Van Gogh’s landscapes and still life series suggest the inexhaustibility of the things we so often overlook in our everyday experience. (shrink)

In this chapter, DeYoung explores the vice of sloth and how its traditional conception differs from popular thought. Pulling from the tradition of the Desert Fathers, Augustine, and Aquinas, DeYoung reconnects sloth to its spiritual roots to see how this vice detracts from love.

The alignment problem in the context of large language models must consider the plurality of human values in our world. Whilst there are many resonant and overlapping values amongst the world’s cultures, there are also many conflicting, yet equally valid, values. It is important to observe which cultural values a model exhibits, particularly when there is a value conflict between input prompts and generated outputs. We discuss how the co- creation of language and cultural value impacts large language models (LLMs). (...) We explore the constitution of the training data for GPT-3 and compare that to the world’s language and internet access demographics, as well as to reported statistical profiles of dominant values in some Nation-states. We stress tested GPT-3 with a range of value-rich texts representing several languages and nations; including some with values orthogonal to dominant US public opinion as reported by the World Values Survey. We observed when values embedded in the input text were mutated in the generated outputs and noted when these conflicting values were more aligned with reported dominant US values. Our discussion of these results uses a moral value pluralism (MVP) lens to better understand these value mutations. Finally, we provide recommendations for how our work may contribute to other current work in the field. (shrink)

Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequ...

The list of the seven capital vices include sloth, envy, avarice, vainglory, gluttony, lust, and anger. While many of the seven vices are more complex than they appear at first glance, one stands out as more obscure and out of place than all the others, at least for a contemporary audience: the vice of sloth. Our puzzlement over sloth is heightened by sloth's inclusion on the traditional lists of the seven capital vices and the seven deadly sins from the fourth (...) century onward. For hundreds of years, these seven vices were distinguished as moral and spiritual failings of serious and perennial importance. By contrast, recent studies, as well as the popular imagination, typically associate sloth with, or even define it as, laziness. But is laziness in fact a moral failing? (shrink)

Court cases involving sexual assault and police violence rely heavily on victim testimony. We consider what we call the “Traumatic Untrustworthiness Argument (TUA)” according to which we should be skeptical about victim testimony because people are particularly liable to misremember traumatic events. The TUA is not obviously based in mere distrust of women, people of color, disabled people, poor people, etc. Rather, it seeks to justify skepticism on epistemic and empirical grounds. We consider how the TUA might appeal to the (...) psychology and neuroscience of memory for empirical support. However, we argue that neither support the TUA. (shrink)

The paper argues that at present the Criminal law does not contain satisfactory rules for dealing with the circumstances in which a mistake can be taken to vitiate the victim's consent to an action or transaction. Rules on this issue vary both between different offences and within given offences in a way that is neither coherent nor predictable. As a matter of fact consent should be regarded as vitiated whenever the victim is under a misapprehension but for which (s)he would (...) not have given consent, but from a practical point of view it will not always be possible to allow this factual vitiation to have legal effect. To try to find a more satisfactory set of rules the paper offers a series of potential rules placed along a spectrum. Towards either end of the spectrum the rules have greater certainty and coherence, but produce less desirable results in terms of policy. Towards the centre of the spectrum the reverse is true. The paper therefore concludes that no single rule will be able to provide the answer to this area, and that an approach which recognises a series of circumstances in which consent will be regarded as legally vitiated should be retained instead. However, it is imperative that in future these categories be clearly, and predictably drawn and individually explicable and justifiable. As a starting point it is proposed that consent should be regarded as vitiated when the victim has made a non est factum mistake, has been mistaken about something which would render the action or transaction physically different from that expected, or where the victim believed that the defendant had a legal qualification which in fact (s)he lacked. (shrink)

In this chapter, DeYoung looks at the concept of practices and goes on to argue why they are needed and how they can be useful. Beginning with the past traditions of practices and reflection on practices of the Desert Fathers and their followers, DeYoung takes the conversation to the classroom to discuss how such traditionally embedded practices can still be used. She emphasizes the cycle of doing practices and reflecting upon practices within the regular rhythm of the classroom.

This essay uses Arnaldo Momigliano's genealogy of antiquarianism and historiography to propose a new method for engaging the past. Momigliano traced antiquarianism from its advent in ancient Greece and later growth in Rome to its early modern efflorescence, its usurpation by history, and its transformation into anthropology and sociology in late modernity. Antiquarianism performed for Momigliano the work of excavating past archives while infusing historiographical inquiry with a much-needed dose of contingency. This essay aims to advance our understanding of the (...) mutual imbrications of antiquarian methods with modern conceptions of history, while also suggesting how antiquarianism can generate alternatives to historical inquiry. (shrink)

Scholars have thoroughly discussed the visual aspects of Foucault’s archaeological and genealogical methods, as well as his own emphasis on how sight functions and what contexts and conditions shape how we see and what we can see. Yet while some of the images and visual devices he uses are frequently discussed, like Las Meninas and the panopticon, his diagrams in The Order of Things have received little attention. Why does Foucault diagram historical ways of thinking? What are we supposed to (...) see and understand through these diagrams? To examine the role of the diagram in Foucault’s archaeological method, this paper provides a close reading of how the classical quadrilateral visualizes the structure, function, content, principles, and underlying assumptions of language and thought. In analyzing the diagram as a way for visualizing history, this paper demonstrates how Foucault enacts a new visual language that emphasizes the contingency of thought. (shrink)

Building on the multivalent meanings of the Arabo- Persian tarjama (‘to interpret’, ‘to translate’, ‘to narrate’), this essay argues for the relevance of Qur’ānic inimitability (i'jāz) to contemporary translation theory. I examine how the translation of Arabic rhetorical theory ('ilm al-balāgha) into Persian inaugurated new trends within the study of literary meaning. Finally, I show how Islamic aesthetics conceptualizes the translatability of literary texts along lines kindred to Walter Benjamin. -/- .

In this entry, DeYoung defines the seven deadly sins, also known as the capital vices, as a schema for understanding and analyzing sin for Christians interested in self-examination, confession, preaching, and spiritual formation. DeYoung carefully looks at the difference between 'sin' and 'vice' and goes back to the capital vices of the Desert Fathers to draw out the tradition. She also looks at Aquinas's analysis to help articulate how the Christian tradition has used the vices.

(Awarded the International Society for Intellectual History’s Charles Schmitt Prize) Mīrzā Fatḥ 'Alī Ākhūndzāda’s Letters from Prince Kamāl al-Dawla to the Prince Jalāl al-Dawla (1865) is often read as a Persian attempt to introduce European Enlightenment political thought to modern Iranian society. This essay frames Ākhūndzāda’s text within a broader intellectual tradition. I read Ākhūndzāda as a radical reformer whose intellectual ambition were shaped by prior Persian and Arabic endeavors to map the diversity of religious belief and to critically assess (...) the limits of religion. That Ākhūndzāda’s critique of religion reached further than that of his predecessors is due in part to the influence of the European Enlightenment, but Ākhūndzāda’s form of critical reasoning was also substantially shaped by prior early modern intellectual genealogies. -/- . (shrink)

This essay examines Giambattista Vico’s philology as a contribution to democratic legitimacy. I outline three steps in Vico’s account of the historical and political development of philological knowledge. First, his merger of philosophy and philology, and the effects of that merge on the relative claims of reason and authority. Second, his use of antiquarian knowledge to supersede historicist accounts of change in time and to position the plebian social class as the true arbiters of language. Third, his understanding of philological (...) knowledge as an instrument of political change, and a foundational element in the establishment of democracy. By treating the philological imagination as a tool for bringing about political change, Vico’s plebian philology is radically democratic, and a crucial instrument in the struggle against the elite, from antiquity to the present. -/- . (shrink)