I. EXECUTIVE SUMMARY The MRCT Center Post-trial Responsibilities: Continued Access to an Investigational Medicine Framework outlines a case-based, principled, stakeholder approach to evaluate and guide ethical responsibilities to provide continued access to an investigational medicine at the conclusion of a patient’s participation in a clinical trial. The Post-trial Responsibilities (PTR) Framework includes this Guidance Document as well as the accompanying Toolkit. A 41-member international multi-stakeholder Workgroup convened by the Multi-Regional Clinical Trials Center of Brigham and Women’s Hospital and Harvard University (...) (MRCT Center) developed this Guidance and Toolkit. Project Motivation A number of international organizations have discussed the responsibilities stakeholders have to provide continued access to investigational medicines. The World Medical Association, for example, addressed post-trial access to medicines in Paragraph 34 of the Declaration of Helsinki (WMA, 2013): “In advance of a clinical trial, sponsors, researchers and host country governments should make provisions for post-trial access for all participants who still need an intervention identified as beneficial in the trial. This information must also be disclosed to participants during the informed consent process.” This paragraph and other international guidance documents converge on several consensus points: • Post-trial access (hereafter referred to as “continued access” in this Framework [for terminology clarification – see definitions]) is the responsibility of sponsors, researchers, and host country governments; • The plan for continued access should be determined before the trial begins, and before any individual gives their informed consent; • The protocol should delineate continued access plans; and • The plan should be transparent to potential participants and explained during the informed consent process. -/- However, there is no guidance on how to fulfill these responsibilities (i.e., linking specific responsibilities with specific stakeholders, conditions, and duration). To fill this gap, the MRCT Center convened a working group in September of 2014 to develop a framework to guide stakeholders with identified responsibilities. This resultant Framework sets forth applicable principles, approaches, recommendations and ethical rationales for PTR regarding continued access to investigational medicines for research participants. (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)

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)

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)

Past work has shown systematic differences between Easterners' and Westerners' intuitions about the reference of proper names. Understanding when these differences emerge in development will help us understand their origins. In the present study, we investigate the referential intuitions of English- and Chinese-speaking children and adults in the U.S. and China. Using a truth-value judgment task modeled on Kripke's classic Gödel case, we find that the cross-cultural differences are already in place at age seven. Thus, these differences cannot be attributed (...) to later education or enculturation. Instead, they must stem from differences that are present in early childhood. We consider alternate theories of reference that are compatible with these findings and discuss the possibility that the cross-cultural differences reflect differences in perspective-taking strategies. (shrink)

Though there is a wide and varied literature on ethical supererogation, there has been almost nothing written about its epistemic counterpart, despite an intuitive analogy between the two fields. This paper seeks to change this state of affairs. I will begin by showing that there are examples which intuitively feature epistemically supererogatory doxastic states. Next, I will present a positive theory of epistemic supererogation that can vindicate our intuitions in these examples, in an explanation that parallels a popular theory of (...) ethical supererogation. Roughly, I will argue that a specific type of epistemic virtue—the ability to creatively think up plausible hypotheses given a body of evidence—is not required of epistemic agents. Thus, certain exercises of this virtue can result in supererogatory doxastic states. In presenting this theory, I will also show how thinking about epistemic supererogation can provide us a new way forward in the debate about the uniqueness thesis for epistemic rationality. (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)

After being largely unknown to non-siniphone philosophers, Li Zehou's ideas are gradually being translated into English, but very little has been done on his aesthetics, which he says is the key to his oeuvre. In the first of three sections of this paper, I briefly introduce the reader to Kant's aesthetics through Li's eyes, in which he develops an implicit notion of aesthetic freedom as political vehicle through the notions of subjectivity, universalization, and the unity of the cognitive faculties. In (...) the second section, I introduce Marx's notions of 'human nature as practice' and 'freedom as practice', as outlined in his early manuscripts. I conclude that Marx's politics take free practice as the highest expression of humanity, which is finally, ideally, self-legislating. In the final section, I present Li's interpretation of Marx as a remedy for Kant, introducing some of Li's specialized vocabulary and demonstrating his final synthesis of Kant and Marx in a notion of aesthetic freedom that presupposes political freedom. (shrink)

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)

This essay discusses critical approaches to culture, difference, and empathy in health care education through a reading of Junot Diaz’s “Wildwood” chapter from the 2007 novel The Brief Wondrous Life of Oscar Wao. I begin with an analysis of the way that Diaz’s narrative invites readers to imagine and explore the experiences of others with subtlety and complexity. My reading of “Wildwood” illuminates its double-edged injunction to try to imagine another’s perspective while recognizing the limits to—or even the impossibility of—that (...) exercise. I draw on post-colonial theory and feminist science studies to illuminate a text that is created and interpreted in a post-colonial context—the Dominican diaspora in the United States. The essay offers a model of historical and critical analysis that health care educators can use to frame the concept of empathy in the classroom and the clinic. (shrink)

(No abstract is available for this citation).

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)

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)

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)

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)

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)

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)

Traditionally, discussions of moral participation – and in particular moral agency – have focused on fully formed human actors. There has been some interest in the development of morality in humans, as well as interest in cultural differences when it comes to moral practices, commitments, and actions. However, until relatively recently, there has been little focus on the possibility that nonhuman animals have any role to play in morality, save being the objects of moral concern. Moreover, when nonhuman cases are (...) considered as evidence of moral agency or subjecthood, there has been an anthropocentric tendency to focus on those behaviors that inform our attributions of moral agency to humans. For example, some argue that the ability to evaluate the principles upon which a moral norm is grounded is required for full moral agency. Certainly, if a moral agent must understand what makes an action right or wrong, then most nonhuman animals would not qualify (and perhaps some humans too). However, if we are to understand the evolution of moral psychology and moral practice, we need to turn our attention to the foundations of full moral agency. We must first pay attention to the more broadly normative practices of other animals. Here, we begin that project by considering evidence that great apes and cetaceans participate in normative practices. (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 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)

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)

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)

Conciliationism faces a challenge that has not been satisfactorily addressed. There are clear cases of epistemically significant merely possible disagreement, but there are also clear cases where merely possible disagreement is epistemically irrelevant. Conciliationists have not yet accounted for this asymmetry. In this paper, we propose that the asymmetry can be explained by positing a selection constraint on all cases of peer disagreement—whether actual or merely possible. If a peer’s opinion was not selected in accordance with the proposed constraint, then (...) it lacks epistemic significance. This allows us to distinguish the epistemically significant cases of merely possible disagreement from the insignificant ones. (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)

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)

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)

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.

On the basis of PM2.5 data of the national air quality monitoring sites, local population data, and baseline all-cause mortality rate, PM2.5-related health economic benefits of the Air Improvement Action Plan implemented in Wuhan in 2013–2017 were investigated using health-impact and valuation functions. Annual avoided premature deaths driven by the average concentration of PM2.5 decrease were evaluated, and the economic benefits were computed by using the value of statistical life (VSL) method. Results showed that the number of avoided premature deaths (...) in Wuhan are 21,384 (95% confidence interval (CI): 15,004 to 27,255) during 2013–2017, due to the implementation of the Air Improvement Action Plan. According to the VSL method, the obtained economic benefits of Huangpi, Wuchang, Hongshan, Xinzhou, Jiang’an, Hanyang, Jiangxia, Qiaokou, Jianghan, Qingshan, Caidian, Dongxihu, and Hannan District were 8.55, 8.19, 8.04, 7.39, 5.78, 4.84, 4.37, 4.04, 3.90, 3.30, 2.87, 2.42, and 0.66 billion RMB (1 RMB = 0.1417 USD On 14 October 2019), respectively. These economic benefits added up to 64.35 billion RMB (95% CI: 45.15 to 82.02 billion RMB), accounting for 4.80% (95% CI: 3.37% to 6.12%) of the total GDP of Wuhan in 2017. Therefore, in the process of formulating a regional air quality improvement scheme, apart from establishing hierarchical emission-reduction standards and policies, policy makers should give integrated consideration to the relationship between regional economic development, environmental protection and residents’ health benefits. Furthermore, for improving air quality, air quality compensation mechanisms can be established on the basis of the status quo and trends of air quality, population distribution, and economic development factors. (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)

Chenyang Li argues, in an article originally published in Hypatia, that the ethics of care and Confucian ethics constitute similar approaches to ethics. The present paper takes issue with this claim. It is more accurate to view Confucian ethics as a kind of virtue ethics, rather than as a kind of care ethics. In the process of criticizing Li's claim, the distinctiveness of care ethics is defended, against attempts to assimilate it to virtue ethics.

Union Citizenship as currently implemented in the European Union introduces a distinct concept of citizenship that necessitates an adequate normative approach. The objective of this paper is to assess EU Citizenship against the theoretical background of multilateral democracy. This approach is specifically suited for this task, as it does not rely on a nation-state paradigm or the presumption of a further transformation into a federation or union. We propose three criteria by which to assess multilevel citizenship: equal individual rights, equal (...) sovereignty of peoples and the balancing of individuals' and peoples' interests. We argue that the current practice of Union Citizenship does not fully meet the proposed standards, regarding equal rights within and equal access to, the political system. Based on our assessment, we propose reform options of access to national and supranational citizenship and argue for supranational participation rights and equal transnational rights to gradually re-establish full membership for individuals. (shrink)

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)

This paper challenges the common narrative that Heidegger’s philosophical project explicitly and necessarily abandons his early engagement with Dilthey after Being and Time. By historically piecing together Heidegger’s critiques of Dilthey throughout his corpus alongside significant shifts in his use of terms like Erlebnis (“lived experience”) and Faktizität (“facticity”), I demonstrate continuity rather than a radical split in his relation to Dilthey’s philosophy. This interpretation offers a new perspective that works against the periodization of Heidegger’s thought by highlighting the overlooked (...) relevance of his early engagement with Dilthey for his later turn to art. (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)

In her recent paper ‘The Epistemology of Propaganda’ Rachel McKinnon discusses what she refers to as ‘TERF propaganda’. We take issue with three points in her paper. The first is her rejection of the claim that ‘TERF’ is a misogynistic slur. The second is the examples she presents as commitments of so-called ‘TERFs’, in order to establish that radical (and gender critical) feminists rely on a flawed ideology. The third is her claim that standpoint epistemology can be used to establish (...) that such feminists are wrong to worry about a threat of male violence in relation to trans women. In Section 1 we argue that ‘TERF’ is not a merely descriptive term; that to the extent that McKinnon offers considerations in support of the claim that ‘TERF’ is not a slur, these considerations fail; and that ‘TERF’ is a slur according to several prominent accounts in the contemporary literature. In Section 2, we argue that McKinnon misrepresents the position of gender critical feminists, and in doing so fails to establish the claim that the ideology behind these positions is flawed. In Section 3 we argue that McKinnon’s criticism of Stanley fails, and one implication of this is that those she characterizes as ‘positively privileged’ cannot rely on the standpoint-relative knowledge of those she characterizes as ‘negatively privileged’. We also emphasize in this section McKinnon’s failure to understand and account for multiple axes of oppression, of which the cis/trans axis is only one. (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)

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 challenge posed by legal indeterminacy to legal legitimacy has generally been considered from points of view internal to the law and its application. But what becomes of legal legitimacy when the legal status of a given norm is itself a matter of contestation? This article, the first extended scholarly treatment of the International Holocaust Remembrance Alliance (IHRA)’s new definition of antisemitism, pursues this question by examining recent applications of the IHRA definition within the UK following its adoption by the (...) British government in 2016. Instead of focusing on this definition’s substantive content, I show how the document reaches beyond its self-described status as a “non-legally binding working definition” and comes to function as what I call a quasi-law, in which capacity it exercises the de facto authority of the law, without having acquired legal legitimacy. Broadly, this work elucidates the role of speech codes in restricting freedom of expression within liberal states. (shrink)

This essay considers the relation between Don Quixote's hunger and the disenchantment (Entzauberung) that Max Weber understood as paradigmatic of the modern condition. Whereas hunger functions within a Hegelian dialectic of desire in Cervantes' novel, literary representations of hunger from later periods (in Kafka and post-Holocaust Polish poetry) acknowledge the cosmic insignificance of human need by substituting the desire for recognition with a desire for self-abdication. While Don Quixote's hunger drives him to seek recognition for his dream world, modern literature's (...) hungry heroes respond to hunger by changing their metaphysical identities. Like desire, hunger functions in the literatures of modernity as an index of psychic wholeness or of its lack, both enabling and resisting the hero's assimilation with the world outside the self. (shrink)

American Muslims increasingly negotiate their relation to a government that is suspicious of Islam, yet which is legally obligated to recognize them as rights-bearing citizens. To better understand how the post-9/11 state is reshaping American Islam, I examine the case of Muslim American dissident Tarek Mehanna, sentenced to seventeen years in prison for providing material support for terrorism, on the basis of his controversial words (USA v. Mehanna et al, 2012). I situate Mehanna’s writing and reflections within a long history (...) of American activism, in particular the traditions represented by Henry David Thoreau and John Brown. -/- . (shrink)

This paper discusses the diverse forms of contemporary Islam practised by the Kists, inhabitants of Georgia's Pankisi Gorge related to the Chechens. The newest wave of Salafi-inspired Islam among the young generation of Chechens, mostly men who have fought in the Chechen-Russian war, is aesthetically marked by a distinctive style of minaret and by a more public adhān than Pankisi has hitherto known. The reactions of local Kists to the aesthetics and morality of the new Islam, and the distinctions between (...) Salafi, Wahhabi, and Pankisi Islam are explored. It is argued that the new Islam is not as foreign to the Caucasus as scholarship tends to suggest. Ethnographies of minarets and headstones are followed by an exploration of reactions to Soviet secularism in the historiography of Chechen Islam. Positioning itself within recent scholarship aiming to overcome the constraints imposed by secular forms of knowledge in the study of Islamic societies, the paper seeks to locate the unique modes of Kist belief within the framework of a comparative, post-secular anthropology of Islam. (shrink)

In the wake of modernism studies' global turn, this article considers the role of translation in fostering Iranian modernism. Focusing on the poetic translations of Bijan Elahi (1945-2010), one of Iran's most significant poet-translators, we demonstrate how untranslatability becomes a point of departure for his experimental poetics. Elahi used premodern Sufi hermeneutics to develop his modernist theory of translation, whereby the alien core of the text is recognised at the centre of the original. As he engages the translated text from (...) many angles, Elahi confounds polarities between innovation and imitation, and authorship and translation, that continue to bifurcate translation studies. In contributing to the globalization of modernist studies, this work adds to our understanding of modernism's entanglement within premodern concepts of creation, as well as to modernism's recreation of tradition from a non-European periphery. (shrink)

(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)

Responding to recent calls made within UK Parliament for a government-backed definition of Islamophobia, this article considers the unanticipated consequences of such proposals. I argue that, considered in the context of related efforts to regulate hate speech, the formulation and implementation of a government-sponsored definition will generate unforeseen harms for the Muslim community. To the extent that such a definition will fail to address the government’s role in propagating Islamophobia through ill-considered legislation that conflates Islamist discourse with hate speech, the (...) concept of a government-backed definition of Islamophobia appears hypocritical and untenable. Alongside opposing government attempts to define Islamophobia (and Islam), I argue that advocacy efforts should instead focus on disambiguating government counter-terrorism initiatives from the government management of controversies within Islam. Instead of repeating the mistakes of the governmental adoption of the IHRA definition of antisemitism by promoting a new definition of Islamophobia, we ought to learn from the errors that were made. We should resist the gratuitous securitization of Muslim communities, rather than use such definitions to normalize compliance with the surveillance state. (shrink)

Notwithstanding its value as the earliest extant New Persian treatment of the art of rhetoric, Rādūyānī’s Interpreter of Rhetoric (Tarjumān al-Balāgha) has yet to be read from the vantage point of comparative poetics. Composed in the Ferghana region of modern Central Asia between the end of the eleventh century and the beginning of the twelfth century, Rādūyānī’s vernacularization of classical Arabic norms inaugurated literary theory in the New Persian language. I argue here that Rādūyānī’s vernacularization is most consequential with respect (...) to its transformation of the classical Arabic tropes of metaphor (istiʿāra) and comparison (tashbīh) to suit the new exigencies of a New Persian literary culture. In reversing the relation between metaphor and comparison enshrined in Arabic aesthetics, Rādūyānī concretized the Persian contribution to the global study of literary form. -/- . (shrink)

Rationality is intrapersonally permissive just in case there are multiple doxastic states that one agent may be rational in holding at a given time, given some body of evidence. One way for intrapersonal permissivism to be true is if there are epistemic supererogatory beliefs—beliefs that go beyond the call of epistemic duty. Despite this, there has been almost no discussion of epistemic supererogation in the permissivism literature. This paper shows that this is a mistake. It does this by arguing that (...) the most popular ways of responding to one of the major obstacles to any intrapersonally permissive all fall prey to the same problem. This problem is most naturally solved by positing a category of epistemically supererogatory belief. So intrapersonal epistemic permissivists should embrace epistemic supererogation. (shrink)

It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5%of all convictions in capital rape-murder cases in the U.S. in the 1980s were erroneous convictions. Given this fact, what normative conclusions can be drawn? First, the article argues that a moderately revised version of Scanlon’ s contractualism offers an attractive moral vision that is different from utilitarianism or other consequentialist theories, or from purely deontological theories. It then brings this version (...) of Scanlonian contractualism to bear on the question of whether the death penalty, life imprisonment, long sentences, or shorter sentences can be justified, given that there is a non-negligible rate of erroneous conviction. Contractualism holds that a permissible act must be justifiable to everyone affected by it. Yet, given the non-negligible rate of erroneous conviction, it is unjustifiable to mete out the death penalty, because such a punishment is not justifiable to innocent murder convicts. It is further argued that life imprisonment will probably not be justified (unless lowering the sentence to a long sentence will drastically increase the murder rate). However, whether this line of argument could be further extended would depend on the impact of lowering sentences on communal security. (shrink)