Results for 'Unacknowledged rape'

108 found
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  1. Date Rape: The Intractability of Hermeneutical Injustice.Debra L. Jackson - 2019 - In Wanda Teays (ed.), Analyzing Violence Against Women. New York: Springer. pp. 39-50.
    Social epistemologists use the term hermeneutical injustice to refer to a form of epistemic injustice in which a structural prejudice in the economy of collective interpretive resources results in a person’s inability to understand his/her/their own social experience. This essay argues that the phenomenon of unacknowledged date rapes, that is, when a person experiences sexual assault yet does not conceptualize him/her/their self as a rape victim, should be regarded as a form of hermeneutical injustice. The fact that the (...)
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  2. Robotic Rape and Robotic Child Sexual Abuse: Should They Be Criminalised?John Danaher - 2017 - Criminal Law and Philosophy 11 (1):71-95.
    Soon there will be sex robots. The creation of such devices raises a host of social, legal and ethical questions. In this article, I focus in on one of them. What if these sex robots are deliberately designed and used to replicate acts of rape and child sexual abuse? Should the creation and use of such robots be criminalised, even if no person is harmed by the acts performed? I offer an argument for thinking that they should be. The (...)
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  3. Rape Culture and Epistemology.Bianca Crewe & Jonathan Jenkins Ichikawa - 2021 - In Jennifer Lackey (ed.), Applied Epistemology. Oxford University Press. pp. 253–282.
    We consider the complex interactions between rape culture and epistemology. A central case study is the consideration of a deferential attitude about the epistemology of sexual assault testimony. According to the deferential attitude, individuals and institutions should decline to act on allegations of sexual assault unless and until they are proven in a formal setting, i.e., a criminal court. We attack this deference from several angles, including the pervasiveness of rape culture in the criminal justice system, the epistemology (...)
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  4. ‘Legitimate Rape’, Moral Coherence, and Degrees of Sexual Harm.Brian D. Earp - 2015 - Think 14 (41):9-20.
    In 2012, the politician Todd Akin caused a firestorm by suggesting, in the context of an argument about the moral permissibility of abortion, that some forms of rape were. This seemed to imply that other forms of rape must not be legitimate. In response, several commentators pointed out that rape is a and that there are. While the intention of these commentators was clear, I argue that they may have played into the very stereotype of rape (...)
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  5. Reconsidering Rape: Rethinking the Conceptual Foundations of Rape Law.John Bogart - 1995 - Canadian Journal of Law and Jurisprudence 8 (1):159-82.
    Argument about changes in the law of rape are logically dependent upon a prior definitional account. For any legal definition of an act, one can sensibly ask if that definition is right. To know whether the law is sound, one must first understand of what it is that the definition is a definition. For many parts of the criminal law, and the law of rape is one, the definitions on which the law moves are concepts perfectly accessible outside (...)
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  6. Rape and the Reasonable Man.Donald C. Hubin & Karen Haely - 1999 - Law and Philosophy 18 (2):113-139.
    Standards of reasonability play an important role in some of the most difficult cases of rape. In recent years, the notion of the reasonable person has supplanted the historical concept of the reasonable man as the test of reasonability. Contemporary feminist critics like Catharine MacKinnon and Kim Lane Scheppele have challenged the notion of the reasonable person on the grounds that reasonability standards are gendered to the ground and so, in practice, the reasonable person is just the reasonable man (...)
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  7. Promiscuity, Pedophilia, Rape, and the Significance of the Sexual.Fiona Woollard - forthcoming - Public Affairs Quarterly.
    This paper uses a dilemma presented by David Benatar to explore the challenges that ‘Sexual Liberals’ face in giving a satisfactory account of sexual ethics. A satisfactory Sexual Liberal account of sexual ethics must be able to fully explain the wrongness of sexual assault without implying that sexual activity should be restricted to those in love. The assumption that this is impossible may be due to mistakes in our thinking about sexual assault. However, even when such mistakes are resolved, producing (...)
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  8. Unacknowledged Permissivism.Julia Jael Smith - 2020 - Pacific Philosophical Quarterly 101 (1):158-183.
    Epistemic permissivism is the view that it is possible for two people to rationally hold incompatible attitudes toward some proposition on the basis of one body of evidence. In this paper, I defend a particular version of permissivism – unacknowledged permissivism (UP) – which says that permissivism is true, but that no one can ever rationally believe that she is in a permissive case. I show that counter to what virtually all authors who have discussed UP claim, UP is (...)
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  9. Child Rape, Moral Outrage, and the Death Penalty.Susan A. Bandes - 2008 - Northwestern University Law Review Colloquy 103.
    In *Engaging Capital Emotions,* Douglas Berman and Stephanos Bibas argue that emotion is central to understanding and evaluating the death penalty, and that the emotional case for the death penalty for child rape may be even stronger than for adult murder. Both the Berman and Bibas article and the subsequent Supreme Court decision in Kennedy v. Louisiana (striking down the death penalty for child rape) raise difficult questions about how to measure the heinousness of crimes other than murder, (...)
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  10. Science Gone Astray: Evolution and Rape[REVIEW]Elisabeth A. Lloyd - 2001 - Michigan Law Review 99 (6):1536-1559.
    This is a critique of "A Natural History of Rape: Biological Bases of Sexual Coercion" (Thornhill & Palmer, 2000). Lloyd argues that they have failed to do "excellent science" as required to defend themselves against criticism. As an example, Lloyd contends that they make conclusions which depend on rape being a single trait, while failing to prorivde any basis for such an assumption.
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  11. Commodification and Phenomenology: Evading Consent in Theory Regarding Rape: John H. Bogart.John H. Bogart - 1996 - Legal Theory 2 (3):253-264.
    In a recent essay, Donald Dripps advanced what he calls a “commodification theory” of rape, offered as an alternative to understanding rape in terms of lack of consent. Under the “commodification theory,” rape is understood as the expropriation of sexual services, i.e., obtaining sex through “illegitimate” means. One aim of Dripps's effort was to show the inadequacy of consent approaches to understanding rape. Robin West, while accepting Dripps's critique of consent theories, criticizes Dripps's commodification approach. In (...)
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  12. Rape and Resistance. [REVIEW]Jonathan Jenkins Ichikawa - 2018 - The Philosophers' Magazine 83:117-118.
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  13. Rape as Spectator Sport and Creepshot Entertainment: Social Media and the Valorization of Lack of Consent.Kelly Oliver - 2015 - American Studies Journal (10):1-16.
    Lack of consent is valorized within popular culture to the point that sexual assault has become a spectator sport and creepshot entertainment on social media. Indeed, the valorization of nonconsensual sex has reached the extreme where sex with unconscious girls, especially accompanied by photographs as trophies, has become a goal of some boys and men.
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  14. Conceptualizing Rape as Coerced Sex.Scott A. Anderson - 2016 - Ethics 127 (1):50-87.
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  15.  32
    Rape in Monastery : Downfall of Buddhism.Kshitiz Gaur (ed.) - 2020 - India: Just fiction.
    Buddhism almost spread densely in India for about six hundred years and also got support of kings and states and it also flourished not only in terms of treasurer but also in state power like of Christianity after the downfall of Romans in Europe. Words of Gautama Buddha after attaining Nirvana were against of any religious rituals and practises but after His death, gradually his words become another religion. Buddhism flourished and flourished rapidly on the Aryan land and also prospered (...)
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  16.  41
    Rape of Aphrodite.Kevin Nicholas - manuscript
    -/- ABSTRACT: The concept of beauty has been central to the understanding of Aesthetics, but most modern scholars examine and celebrate Aesthetics presupposing that beauty exists in this Universe, and that by merely being patrons and proponents of art, they can exercise their metaphysical-value judgment however they feel is fulfilling. Contemporary artists fail to realize the etiology and phenomenological value of beauty. The perfect exemplification of this can be seen in the veritable themes and allegories of Postmodernism. The fetishistic penchant (...)
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  17. Is Sex With Robots Rape?Romy Eskens - 2017 - Journal of Practical Ethics 5 (2):62-76.
    It is widely accepted that valid consent is a necessary condition for permissible sexual activity. Since non-human animals, children, and individuals who are severely cognitively disabled, heavily intoxicated or unconscious, lack the cognitive capacity to give valid consent, this condition explains why it is impermissible to have sex with them. However, contrary to common intuitions, the same condition seems to render it impermissible to have sex with robots, for they too are incapable of consenting to sex due to insufficient cognitive (...)
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  18. Sex Education and Rape.Michelle J. Anderson - 2010 - Michigan Journal of Gender and Law 17 (1).
    In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere that the kind of (...)
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  19.  94
    Review of What Is Rape? Social Theory and Conceptual Analysis by Hilkje Charlotte Hänel. [REVIEW]Caleb Ward - 2019 - Apa Newsletter on Feminism and Philosophy 19 (1):38-40.
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  20. Gender Monstrosity: Deadgirl and the Sexual Politics of Zombie-Rape.Steve Jones - 2012 - Feminist Media Studies 13 (4):525-539.
    Deadgirl (2008) is based around a group of male teens discovering and claiming ownership of a bound female zombie, using her as a sex slave. This narrative premise raises numerous tensions that are particularly amplified by using a zombie as the film's central victim. The Deadgirl is sexually passive yet monstrous, reifying the horrors associated with the female body in patriarchal discourses. She is objectified on the basis of her gender, and this has led many reviewers to dismiss the film (...)
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  21. Review of Joan McGregor, Is It Rape[REVIEW]Alan Soble - 2006 - Law and Philosophy 25 (6):663-672.
    A critical review of a book on rape by Joan McGregor.
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  22.  85
    Reivew of The Technoscientific Witness of Rape by Andrea Quinlan. [REVIEW]Debra L. Jackson - 2017 - Somatechnics 7 (2):312-314.
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  23.  91
    The Coloured War — Unresolved and Unacknowledged: The Deteriorating Aftermath of Apartheid in South Africa.Jan M. Van der Molen - Nov 8, 2019 - University of Groningen.
    This essay will attempt to inspect and discuss what ‘efforts’ have been made to recover from the apartheid regime, to explore the status quaestionis of peacebuilding and conflict transformation theories that have been formulated and consulted to advance and assess these efforts and to consider the reasons for the impact—or lack thereof—that these efforts have had on South Africa's recovery from apartheid era policies and transgressions. The central question towards which these points of focus are directed, is: are South Africa’s (...)
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  24. Hunting Girls: Sexual Violence From The Hunger Games to Campus Rape, by Kelly Oliver. [REVIEW]Debra Jackson - 2017 - Hypatia Reviews Online:nd.
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  25.  78
    Expendables For Whom?: Terry Crews and the Erasure of Black Male Victims of Sexual Assault and Rape.Tommy J. Curry - 2019 - Women Studies in Communication Journal 3 (42):287-307.
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  26. No Way Around Consent: A Reply to Rubenfeld on 'Rape-by-Deception'.Tom Dougherty - 2013 - Yale Jaw Journal Online 123:321-333.
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  27. Enhancing Eyewitness Memory in a Rape Case.Peter Shiu-Hwa Tsu - 2010 - American Journal of Bioethics---Neuroscience 1 (3):41-42.
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  28. Could There Ever Be an App for That? Consent Apps and the Problem of Sexual Assault.Danaher John - 2018 - Criminal Law and Philosophy 12 (1):143-165.
    Rape and sexual assault are major problems. In the majority of sexual assault cases consent is the central issue. Consent is, to borrow a phrase, the ‘moral magic’ that converts an impermissible act into a permissible one. In recent years, a handful of companies have tried to launch consent apps which aim to educate young people about the nature of sexual consent and allow them to record signals of consent for future verification. Although ostensibly aimed at addressing the problems (...)
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  29. Relevance and Risk: How the Relevant Alternatives Framework Models the Epistemology of Risk.Georgi Gardiner - forthcoming - Synthese:1-31.
    The epistemology of risk examines how risks bear on epistemic properties. A common framework for examining the epistemology of risk holds that strength of evidential support is best modelled as numerical probability given the available evidence. In this essay I develop and motivate a rival ‘relevant alternatives’ framework for theorising about the epistemology of risk. I describe three loci for thinking about the epistemology of risk. The first locus concerns consequences of relying on a belief for action, where those consequences (...)
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  30. Sex Under Pressure: Jerks, Boorish Behavior, and Gender Hierarchy. [REVIEW]Scott A. Anderson - 2005 - Res Publica 11 (4):349-369.
    Pressuring someone into having sex would seem to differ in significant ways from pressuring someone into investing in one’s business or buying an expensive bauble. In affirming this claim, I take issue with a recent essay by Sarah Conly (‘Seduction, Rape, and Coercion’, Ethics, October 2004), who thinks that pressuring into sex can be helpfully evaluated by analogy to these other instances of using pressure. Drawing upon work by Alan Wertheimer, the leading theorist of coercion, she argues that so (...)
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  31. Innocent Burdens.James Edwin Mahon - 2014 - Washington and Lee Law Review 71.
    In this article Judith Jarvis Thomson's Good Samaritan Argument in defense of abortion in the case of rape is defended from two objections: the Kill vs. Let Die Objection, and the Intend to Kill vs. Merely Foresee Death Objection. The article concludes that these defenses do not defend Thomson from further objections from Peter Singer and David Oderberg.
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  32. Sex By Deception.Berit Brogaard - forthcoming - In John M. Doris & Manuel Vargas (eds.), Oxford Handbook of Moral Psychology. Oxford: Oxford University Press.
    In this paper I will use sex by deception as a case study for highlighting some of the most tricky concepts around sexuality and moral psychology, including rape, consensual sex, sexual rights, sexual autonomy, sexual individuality, and disrespectful sex. I begin with a discussion of morally wrong sex as rooted in the breach of five sexual liberty rights that are derived from our fundamental human liberty rights: sexual self-possession, sexual autonomy, sexual individuality, sexual dignity and sexual privacy. I then (...)
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  33. The “She Said, He Said” Paradox and the Proof Paradox.Georgi Gardiner - forthcoming - In Zachary Hoskins and Jon Robson (ed.), Truth and Trial.
    This essay introduces the ‘she said, he said’ paradox for Title IX investigations. ‘She said, he said’ cases are accusations of rape, followed by denials, with no further significant case-specific evidence available to the evaluator. In such cases, usually the accusation is true. Title IX investigations adjudicate sexual misconduct accusations in US educational institutions; I address whether they should be governed by the ‘preponderance of the evidence’ standard of proof or the higher ‘clear and convincing evidence’ standard. -/- Orthodoxy (...)
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  34.  42
    Must I Get Raped If I Walk Naked?Sahana Rajan - manuscript
    This article was written in the wake of the issue concerning Jyoti's rape and the documentary "India's Daughter".
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  35. Sceptical Theism and the Evil-God Challenge.Perry Hendricks - 2018 - Religious Studies 54 (4):549-561.
    This article is a response to Stephen Law's article ‘The evil-god challenge’. In his article, Law argues that if belief in evil-god is unreasonable, then belief in good-god is unreasonable; that the antecedent is true; and hence so is the consequent. In this article, I show that Law's affirmation of the antecedent is predicated on the problem of good (i.e. the problem of whether an all-evil, all-powerful, and all-knowing God would allow there to be as much good in the world (...)
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  36. Trying to Make Sense of Criminal Attempts. [REVIEW]Ken Levy - 2016 - Jurisprudence 7 (3):656-664.
    Issues include attempts generally; the problem of outcome luck; the impossibility defense; physical movement and intent; and reckless attempts, attempted rape, and attempted theft. In the final section, I offer a hypothetical that challenges Prof. Donnelly-Lazarov's theory.
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  37. Bad Sex and Consent.Elise Woodard - forthcoming - In Handbook of Sexual Ethics.
    It is widely accepted that consent is a normative power. For instance, consent can make an impermissible act permissible. In the words of Heidi Hurd, it “turns a trespass into a dinner party... an invasion of privacy into an intimate moment.” In this chapter, I argue against the assumption that consent has such robust powers for moral transformation. In particular, I argue that there is a wide range of sex that harms or wrongs victims despite being consensual. Moreover, these cases (...)
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  38. Antioch's “Sexual Offense Policy”: A Philosophical Exploration.Alan Soble - 1997 - Journal of Social Philosophy 28 (1):22-36.
    An analytic investigation of Antioch's "Sexual Offense Policy.".
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  39. The Norm of Assertion: A ‘Constitutive’ Rule?Neri Marsili - 2019 - Inquiry: An Interdisciplinary Journal of Philosophy:1-22.
    According to an influential hypothesis, the speech act of assertion is subject to a single 'constitutive' rule, that takes the form: "One must: assert that p only if p has C". Scholars working on assertion interpret the assumption that this rule is 'constitutive' in different ways. This disagreement, often unacknowledged, threatens the foundations of the philosophical debate on assertion. This paper reviews different interpretations of the claim that assertion is governed by a constitutive rule. It argues that once we (...)
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  40. How Can Feminist Theories of Evidence Assist Clinical Reasoning and Decision-Making?Maya J. Goldenberg - 2013 - Social Epistemology (TBA):1-28.
    While most of healthcare research and practice fully endorses evidence-based healthcare, a minority view borrows popular themes from philosophy of science like underdetermination and value-ladenness to question the legitimacy of the evidence-based movement’s philosophical underpinnings. While the feminist origins go unacknowledged, those critics adopt a feminist reading of the “gap argument” to challenge the perceived objectivism of evidence-based practice. From there, the critics seem to despair over the “subjective elements” that values introduce to clinical reasoning, demonstrating that they do (...)
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  41. Linguistic Interventions and Transformative Communicative Disruption.Rachel Katharine Sterken - 2020 - In Herman Cappelen, David Plunkett & Alexis Burgess (eds.), Conceptual Engineering and Conceptual Ethics. Oxford: Oxford University Press. pp. 417-434.
    What words we use, and what meanings they have, is important. We shouldn't use slurs; we should use 'rape' to include spousal rape (for centuries we didn’t); we should have a word which picks out the sexual harassment suffered by people in the workplace and elsewhere (for centuries we didn’t). Sometimes we need to change the word-meaning pairs in circulation, either by getting rid of the pair completely (slurs), changing the meaning (as we did with 'rape'), or (...)
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  42. Between Wolffianism and Pietism: Baumgarten's Rational Psychology.Corey W. Dyck - 2018 - In Courtney Fugate & John Hymers (eds.), Baumgarten and Kant on Metaphysics. Oxford: Oxford University Press. pp. 78-93.
    In this paper, I consider Baumgarten’s views on the soul in the context of the Pietist critique of Wolff’s rational psychology. My primary aim is to account for the largely unacknowledged differences between Wolff’s and Baumgarten’s rational psychology, though I also hope to show that, in some cases, the Pietists were rather more perceptive in their reading of Wolff than they are typically given credit for as their criticisms frequently succeed in drawing attention to significant omissions in Wolff’s discussion.
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  43. Introduction: Philosophy and Psychoanalysis.James Hopkins - 1982 - In Richard Wollheim & James Hopkins (eds.), Philosophical Essays on Freud. Cambridge University Press.
    This (1982) essay sets out the claim that psychoanalysis is a cogent extension of the intuitive common sense psychology by which we naturally understand human action. In this psychology explanation proceeds by relating actions to the logically and causally cohering desires and beliefs of agents. As Freud showed, this kind of explanation is systematically deepened and extended by the explanation of dreams, the symptoms of mental disorder, and other related phenomena via the Freudian concept of wish fulfilment, which was later (...)
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  44. Presupposition and Consent.Jonathan Jenkins Ichikawa - 2020 - Feminist Philosophy Quarterly 6 (4):Article 4.
    I argue that “consent” language presupposes that the contemplated action is or would be at someone else’s behest. When one does something for another reason—for example, when one elects independently to do something, or when one accepts an invitation to do something—it is linguistically inappropriate to describe the actor as “consenting” to it; but it is also inappropriate to describe them as “not consenting” to it. A consequence of this idea is that “consent” is poorly suited to play its canonical (...)
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  45. Moral Powers and Forgivable Evils.Alice MacLachlan - 2009 - In Kathryn Norlock & Andrea Veltman (eds.), Evil, Political Violence and Forgiveness: Essays in Honor of Claudia Card. Lexington.
    In The Atrocity Paradigm, Claudia Card suggests we forgiveness as a potentially valuable exercise of a victim's moral powers. Yet Card never makes explicit just what 'moral powers' are, or how to understand their grounding or scope. I draw out unacknowledged implications of her framework: namely, that others than the primary victim may forgive, and -- conversely -- that some victims may find themselves morally dis-empowered. Furthermore, talk of "moral powers" allows us to appropriately acknowledge the value of refusals (...)
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  46. Essential Contestability and Evaluation.Pekka Väyrynen - 2014 - Australasian Journal of Philosophy 92 (3):471-488.
    Evaluative and normative terms and concepts are often said to be "essentially contestable". This notion has been used in political and legal theory and applied ethics to analyse disputes concerning the proper usage of terms like democracy, freedom, genocide, rape, coercion, and the rule of law. Many philosophers have also thought that essential contestability tells us something important about the evaluative in particular. Gallie (who coined the term), for instance, argues that the central structural features of essentially contestable concepts (...)
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  47. Ontology and Social Construction.Sally Haslanger - 1995 - Philosophical Topics 23 (2):95-125.
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  48. Film as Thought Experiment: A Happy-Go-Lucky Case?Basileios Kroustallis - 2012 - Film-Philosophy 16 (1):72-84.
    Can some films be genuine thought experiments that challenge our commonsense intuitions? Certain filmic narratives and their mise-en-scène details reveal rigorous reasoning and counterintuitive outcomes on philosophical issues, such as skepticism or personal identity. But this philosophical façade may hide a mundane concern for entertainment. Unfamiliar narratives drive spectator entertainment, and every novel cinematic situation could be easily explained as part of a process that lacks motives of philosophical elucidation. -/- The paper inverses the above objection, and proposes that when (...)
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  49. Contextual Injustice.Jonathan Jenkins Ichikawa - 2020 - Kennedy Institute of Ethics Journal 30 (1):1–30.
    Contextualist treatments of clashes of intuitions can allow that two claims, apparently in conflict, can both be true. But making true utterances is far from the only thing that matters — there are often substantive normative questions about what contextual parameters are appropriate to a given conversational situation. This paper foregrounds the importance of the social power to set contextual standards, and how it relates to injustice and oppression, introducing a phenomenon I call "contextual injustice," which has to do with (...)
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  50. Introduction to Ethics: An Open Educational Resource, Collected and Edited by Noah Levin.Noah Levin, Nathan Nobis, David Svolba, Brandon Wooldridge, Kristina Grob, Eduardo Salazar, Benjamin Davies, Jonathan Spelman, Elizabeth Cady Stanton, Kristin Seemuth Whaley, Jan F. Jacko & Prabhpal Singh (eds.) - 2019 - Huntington Beach, California: N.G.E Far Press.
    Collected and edited by Noah Levin -/- Table of Contents: -/- UNIT ONE: INTRODUCTION TO CONTEMPORARY ETHICS: TECHNOLOGY, AFFIRMATIVE ACTION, AND IMMIGRATION 1 The “Trolley Problem” and Self-Driving Cars: Your Car’s Moral Settings (Noah Levin) 2 What is Ethics and What Makes Something a Problem for Morality? (David Svolba) 3 Letter from the Birmingham City Jail (Martin Luther King, Jr) 4 A Defense of Affirmative Action (Noah Levin) 5 The Moral Issues of Immigration (B.M. Wooldridge) 6 The Ethics of our (...)
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