In their well-known paper, John Gardner and Stephen Shute (2000) propose a pure case of rape, in which a woman is raped while unconscious and the rape, for a variety of stipulated reasons, never comes to light. This makes the pure case a harmless case of rape, or so they argue. In this paper I show that their argument hinges on an outdated conception of trauma, one which conflates evaluative responses that arise in the aftermath of (...) class='Hi'>rape with the non-deliberative somatic responses of a central nervous system to a threatening event. In the first part of this paper, I elaborate this objection by drawing on the neurobiological model of trauma. This gives me an opportunity to illustrate the different ways that rape harms its victims, including the central way, what I call ‘threat-circuitry harm.’ This discussion of trauma invites us to rethink the wrong of rape, and sets the groundwork for my argument, in the second part of the paper, that the wrong of rape consists in its central harm. (shrink)

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 (...) argument consists of two premises. The first claims that it can be a proper object of the criminal law to regulate wrongful conduct with no extrinsically harmful effects on others. The second claims that the use of robots that replicate acts of rape and child sexual abuse would be wrongful, even if such usage had no extrinsically harmful effects on others. I defend both premises of this argument and consider its implications for the criminal law. I do not offer a conclusive argument for criminalisation, nor would I wish to be interpreted as doing so; instead, I offer a tentative argument and a framework for future debate. This framework may also lead one to question the proposed rationales for criminalisation. (shrink)

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 a satisfactory account of sexual ethics requires Sexual Liberals to confront the significance of the sexual in human life. I describe an account of sexual desire that explains the significance of the sexual in human life without forcing us to endorse a restrictive sexual ethics. (shrink)

Stephen Schulhofer's book, Unwanted Sex: The Culture of Intimidation and the Failure of Law, provides a carefully constructed and powerful case for rape-law reform. His effort is distinctive in three ways: (1) it takes the basic question of reform to be the moral one of determining which sexual interactions ought to be the subject of the criminal law, (2) it takes the right of sexual autonomy to serve as the basis for any successful legal reform, and (3) it makes (...) a philosophically sophisticated case for his own reform proposal. Schulhofer's efforts should be of great interest to philosophers, especially feminist legal philosophers, interested in questions that bear direct relevance to the relationships between autonomy, coercion, and consent as constrained by the requirements of due process. His careful and scrupulously fair discussion of influential reform recommendations set the stage for his own position (discussed in section VII), a critical evaluation thereof (sections VII and VIII), and sympathetic recommendations in VIII and IX. Of special value here is Schulhofer's attempt to extend his analysis of coerced consent to include certain "offers" made in contexts (e.g., the workplace) characterized by significant power differentials between persons. Section IX offers suggestions, generally friendly to Schulhofer's overall reform proposals, for identifying wrongful sexual interactions occurring in certain institutional or professional contexts. (shrink)

The notion that rape is an act of violence rather than sex is a central tenet in rape crisis support and education. A therapeutic benefit of this conceptualisation of rape is that it counters shame and guilt by affirming that the victim was not a complicit partner in an act of sex. However, this conceptualisation has recently been criticised for not capturing what makes rape an especially serious kind of wrong. This raises an apparent dilemma for (...) rape crisis support. Recent work in analytic moral philosophy on the nature of rape offers a way to resolve this dilemma. It is argued that rape is not sex, but is nonetheless sexual. This distinction allows for a charitable reformulation of the central tenet in rape crisis support, which can facilitate the dual therapeutic aims of countering the sense of shame and of recognising the especially serious kind of the harm suffered by the victim. (shrink)

Although the idea that sexual violence is a “structural” problem is not new, the lack of specification as to what that entails blocks effective responses to it. This paper illustrates the concept of sexual violence as structural in the sense of containing a type of moral wrong called “structural wrong” and discusses its practical implications. First, I introduce a distinction between two types of moral wrongs—interactional wrongs and structural wrongs—and I argue that the moral problem of sexual violence includes both (...) types, each of which calls for a different set of moral responses. Second, drawing on Iris Marion Young’s social connection model of responsibility, I argue that recognizing the structural-wrong element of sexual violence does not reduce individual perpetrators’ responsibility for it. Instead, it implies that a broader group of agents are required to join collective actions to reform the social structure. I conclude by evaluating some preventive programs against sexual violence through the lens of structural wrongs and providing directions to advance them. (shrink)

We care not only about how people treat us, but also what they believe of us. If I believe that you’re a bad tipper given your race, I’ve wronged you. But, what if you are a bad tipper? It is commonly argued that the way racist beliefs wrong is that the racist believer either misrepresents reality, organizes facts in a misleading way that distorts the truth, or engages in fallacious reasoning. In this paper, I present a case that challenges this (...) orthodoxy: the case of the supposedly rational racist. We live in a world that has been, and continues to be, structured by racist attitudes and institutions. As a result, the evidence might be stacked in favour of racist beliefs. But, if there are racist beliefs that reflect reality and are rationally justified, what could be wrong with them? Moreover, how do I wrong you by believing what I epistemically ought believe given the evidence? To address this challenge, we must recognize that there are not only epistemic norms governing belief, but moral ones as well. This view, however, is at odds with the assumption that moral obligation requires a kind of voluntary control that we lack with regard to our beliefs. This background assumption motivates many philosophers to try to explain away the appearance that beliefs can wrong by locating the wrong elsewhere, e.g., in an agent’s actions. Further, even accounts that accept the thesis that racist beliefs can wrong restrict the class of beliefs that wrong to beliefs that are either false or the result of hot irrationality, e.g., the racist belief is a result of ill-will. In this paper I argue that although the these accounts will capture many of the wrongs associated with racist beliefs, they will be only partial explanations because they cannot explain the wrong committed by the supposedly rational racist. The challenge posed by the supposedly rational racist concerns our epistemic practices in a non-ideal world. The world is an unjust place, and there may be many morally objectionable beliefs it justifies. To address this challenge, we must seriously consider the thesis people wrong others in virtue of what they believe about them, and not just in virtue of what they do. (shrink)

Employers sometimes use personality tests in hiring or specifically look for candidates with certain personality traits such as being social, outgoing, active, and extraverted. Therefore, they hire based on personality, specifically extraversion in part at least. The question arises whether this practice is morally permissible. We argue that, in a range of cases, it is not. The common belief is that, generally, it is not permissible to hire based on sex or race, and the wrongness of such hiring practices (...) is based on two widely accepted principles: the Relevance Principle and the Fairness Principle. The Relevance Principle states that hiring should be based on what is relevant to job performance, while the Fairness Principle states that hiring should be based on features that individuals can control. Since hiring based on sex or race violates these principles, it is wrong. However, we argue that, in a range of cases, hiring based on extraversion also violates these principles, and assuming the validity of the Relevance and the Fairness Principles, it follows that personality discrimination is morally wrong in those cases. (shrink)

I defend a novel account of the wrong of subjecting people to non-consensual sterilization (NCS), particularly in the context of the state-sponsored eugenics programmes once prevalent in the United States. What makes the eugenic practice of NCS distinctively wrong, I claim, is its dehumanizing core: the fact that it is tantamount to treating people as nonhuman animals, thereby expressing the degrading social meaning that they have the value of animals. The practice of NCS is prima facie seriously wrong partly, but (...) crucially, on these grounds. I consider and reject accounts of the wrong of NCS that make no reference to its animalizing character, such as that it violates victims’ (procreative) autonomy, amounts to treating them merely as a means, inflicts psychological harm on them, or constitutes an affront to their human dignity. My discussion suggests that the critical vocabulary of bioethics should be expanded beyond talk of rights-violations, benefits and harms, and equal treatment—and that the language of dehumanization is indispensable to bioethicists. (shrink)

There are few moral convictions that enjoy the same intuitive plausibility and level of acceptance both within and across nations, cultures, and traditions as the conviction that, normally, it is morally wrong to kill people. Attempts to provide a philosophical explanation of why that is so broadly fall into three groups: Consequentialists argue that killing is morally wrong, when it is wrong, because of the harm it inflicts on society in general, or the victim in particular, whereas personhood and human (...) dignity accounts see the wrongness of killing people in its typically involving a failure to show due respect for the victim and his or her intrinsic moral worth. I argue that none of these attempts to explain the wrongness of killing is successful. Consequentialism generates too many moral reasons to kill, cannot account for deeply felt and widely shared intuitions about the comparative wrongness of killing, and gives the wrong kind of explanation of the wrongness of killing. Personhood and human dignity accounts each draw a line that is arbitrary and entirely unremarkable in terms of empirical reality, and hence ill-suited to carry the moral weight of the difference in moral status between the individuals below and above it. Paying close attention to the different ways in which existing accounts fail to convince, I identify a number of conditions that any plausible account of the wrongness of killing must meet. I then go on to propose an account that does. I suggest that the reason that typically makes killing normal human adults wrong equally applies to atypical human beings and a wide range of non-human animals, and hence challenge the idea that killing a non-human animal is normally easier to justify than killing a human being. This idea has persisted in Western philosophy from Aristotle to the present, and even progressive moral thinkers and animal advocates such as Peter Singer and Tom Regan are committed to it. I conclude by discussing some important practical implications of my account. (shrink)

All morally wrong actions deserve some form of moral condemnation. But the degree of that condemnation is not the same in all cases. Some wrongs are so morally extreme that they seem to belong to a different category because they deserve our very strongest form of moral condemnation. For example, telling a white lie to make a friend feel better might be morally wrong, but intuitively such an act is in a different moral category to the sadistic, brutal, and violent (...) rape and torture of a child. The former act is merely wrong and not evil. In contrast, the latter act seems so morally extreme that we need to call it “evil” and not merely “wrong” if we are to do justice both to the moral seriousness of that act and the strength of our condemnation of it. The task of a theory or substantive conception of evil is to spell out what is an evil action and how it differs from a merely wrongful action. But what does a plausible substantive theory of evil look like? To explore this question, I spell out the concept of evil and illustrate four different types of substantive conceptions of evil actions: victim, perpetrator, spectator, and mixed theories. Of these four options, I argue that mixed theories are the most plausible type of theory, before investigating in detail the promising mixed theory recently defended by Matthew Kramer (2014b). Finally, in light of my analysis of Kramer’s view, I present a reformulated version of my combination theory of evil (Formosa 2008; Formosa 2013). (shrink)

Sam Berstler has recently argued for a fairness-based moral difference between lying and misleading. According to Berstler, the liar, but not the misleader, unfairly free rides on the Lewisian conventions which ground public-language meaning. Although compelling, the pragmatic and metasemantic backdrop within which this moral reason is located allows for the generation of a vicious explanatory circle. Simply, this backdrop entails that no speaker has ever performed an assertion. As I argue, escaping the circle requires rejecting Berstler’s fairness-based reason against (...) lying. The problem is a general one: the wrong of lying cannot be founded on the goods of language. (shrink)

Perry Hendricks’ ‘impairment argument’, which he has defended in this journal, is intended to demonstrate that the generally conceded wrongness of giving a fetus fetal alcohol syndrome (FAS) shows that abortion must also be immoral, even if we allow that the fetus is not a rights-bearing moral person. The argument fails because the harm of causing FAS is extrinsic but Hendricks needs it to be intrinsic for it to show anything about abortion. Either the subject of the wrong of (...) causing FAS is a person who does not exist in the case of abortion or the wrong is negligible. (shrink)

My aim in this paper is to identify the wrong that is done in all cases of testimonial injustice, if there is one. Miranda Fricker (2007) proposes one account of this distinctive wrong, and Gaile Pohlhaus Jr. (2014) offers another. I think neither works. Nor does an account based on giving due respect to the testifier's epistemic competence. Nor does an account based on exposing the testifier to substantial risk of harm. Rachel Fraser (2023) describes a further account, and the (...) proposal I favour is a slight amendment of this. (shrink)

The natural duty theory holds that "we have a natural duty to support the laws and institutions of a just state" (Jeremy Waldron). We owe this not because we ever promised to support these laws and institutions, nor because fair play requires we support the cooperative ventures from which we receive benefits. The claim is that we have a general duty to promote institutions that do something justice requires wherever these institutions may be, a duty that does not depend on (...) our having special ties to these institutions, special ties of the sort we have to the institutions of our own government. I argue that we do not need to appeal to the idea of a natural duty to justify compliance with many laws. For example, New Zealanders must not murder, rape, or steal while in France, not because they have a duty to obey laws of a just state, but because it is wrong to murder, rape, or steal. If the natural duty theory is taken to be a statement of the conditions necessary for an obligation to exist, it would wrongly conclude there is no duty to obey laws against murder or rape in a state whose institutions and laws are not just. A second class of laws reflect not moral judgments but, rather, local conventions, conventions that are morally arbitrary but which may be useful in coordinating action. For example, New Zealanders visiting France must drive on the right side of the road, as dictated by French convention. Here, too, the natural duty theory fails to provide a suitable account of the relation noncitizens have to such laws. Our reasons for driving on the right side of the road when this is accepted convention have nothing to do with the justice of the institutions of the state. To flout this convention is not to undermine justice since there is nothing just or unjust about driving on one side of the road or another. I question the advantages of the natural duty theory, especially in light of important ambiguities in the theory. (shrink)

Many people believe that our thoughts can be morally wrong. For example, many regard rape and murder fantasies as morally wrong. In a provocative recent essay, George Sher disagrees with this and argues that “the realm of the purely mental is best regarded as a morality-free zone,” wherein “no thoughts or attitudes are either forbidden or required”. Ultimately, Sher argues that “each person’s subjectivity is a limitless, lawless wild west in which absolutely everything is permitted”. Sher calls this view (...) the Wild West of the Mind. I argue against Sher’s position. In section I, I summarize Sher’s view. In section II, I criticize Sher’s argument for the Wild West of the Mind. In section III, I outline additional objections to Sher’s view. (shrink)

In this chapter we identify three potentially morally problematic behaviours that are common among users of dating and hook-up apps (DHAs) and provide arguments as to why they may or may not be considered (a) in a category of their own, distinct from similar behaviours outside of DHAs; (b) caused or facilitated by affordances and business logic of DHAs; (c) as indeed morally wrong. We also consider ways in which morally problematic behaviours can be anticipated, mitigated, or even prevented by (...) analysis of the ethical and moral dimensions of technologies and their afforded uses. Finally, we offer some possible directions for future work on these topics in particular and on the ethical consequences of DHAs in general. (shrink)

Amy Olberding, The Wrong of Rudeness: Learning Modern Civility from Ancient Chinese Philosophy, Oxford University Press, 2019, 183pp., $29.95 (hbk), ISBN 9780190880965. Reviewed byAndrew Lambert, City University of New York, College of Staten Island.

This paper argues that liberal states are wrong to forcibly separate through deportation the unauthorized immigrant parents of member children and that states must therefore regularize such unauthorized immigrants. While most arguments for regularization focus on how deportation wrongs the unauthorized immigrants themselves, I ground my argument in how deportation wrongs the state’s members, namely the unauthorized immigrants’ member children. Specifically, forced separation through deportation wrongs affected children by violating a basic right to sustain the intimate relationships with their parents (...) on which they rely for their development into fully autonomous agents. (shrink)

Walter Sinnott-Armstrong and Franklin G Miller recently argued that the wrongness of killing is best explained by the harm that comes to the victim, and that ‘total disability’ best explains the nature of this harm. Hence, killing patients who are already totally disabled is not wrong. I maintain that their notion of total disability is ambiguous and that they beg the question with respect to whether there are abilities left over that remain relevant for the goods of personhood and (...) human worth. If these goods remain, then something more is lost in death than in ‘total disability,’ and their explanation of what makes killing wrong comes up short. But if total disability is equivalent with death, then their argument is an interesting one. (shrink)

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 (...) and apart from the law. I have two aims for this article. The first is to argue for a particular conception of rape as the best understanding of the constellation of acts we conceptualize as rape. The second, less direct, is to show that traditional methods of conceptual analysis can contribute to legal and social scholarship and reform. (shrink)

This study examines the ethical and legal issues faced by girls/women requesting abortions who were victims of rape, aspects which have received little attention to date. This is a retrospective study using an approach and legal issues relating to incidents of unwanted pregnancy resulting from rape as reported in Turkish newspapers from 2010 to 2018. A total of 95 articles were discovered and categorized. These were then evaluated for content and analyzed in terms of the ethical issues related (...) to the cases. Of the articles,14 involved rape-related pregnancy cases. The six cases chosen for analysis in this study were carefully selected from newspaper reports between 2010-2018. The victims who requested abortions were between 9 and 26 weeks pregnant and aged 14-26 years old. Turkish courts approved only two of the victims' requests. The cases in this study were evaluated by the authorities solely on legal grounds. The stress experienced by victims of rape is exacerbated by compulsory pregnancy; the fact that these victims were not allowed to terminate their pregnancies resulted in their further punishment. Requests for abortions should be assessed not only in terms of legality but also based on medical and especially ethical issues. (shrink)

What is coercion and why do we care? Coercion is widespread and used especially when raising children, but on its darker side coercion can have devastating consequences. We are worried about coercion as it can invalidate consent. This is seen in the USA where campus rape cases have soared in recent years and brought consent and coercion back to the forefront of debate. Coercion is a hotly debated legal, political and ethical concept. However, in all this debate we have (...) seen little in the way of what coercion means exactly and how we determine it is taking place. Wertheimer and Garnett have interesting views about how coercion can be understood, from the morally wrong side of coercion to the situations where people are left much worse off because of its use. Only the morally wrong situations are subject to the law but there is a whole set of coercive situations that could take place which look bad to the outsider but are not necessarily morally wrong. This is the area of coercion I wish to discuss further. Wertheimer states that there are two types of coercion, moralised and non moralised. Moralised coercion concerns whether it was ‘wrongful’ to propose the offer and the non-moralised notion examines whether the coerced had any other reasonable choice. In a similar vein to Wertheimer, Garnett believes that coercion has two roles, Deontic (wrong) and Eudaimonic (bad). This would vaguely map to Deontic as Moralised and Eudaimonic as Non Moralised. Garnett discusses the eudaimonic version at length believing it is relatively unexplored in situations of coercion. This paper consists of 4 sections: • Section 1 discusses what Coercion is • Section 2 reviews Wertheimer’s view of Moralised and Non Moralised Consent • Section 3 discusses Garnett’s View • Section 4 considers a cost-benefit analysis of eudaimonically wrong situations. In conclusion it is apparent that, in order to have a full picture of what kind of situations coercion actually covers we must not simply rely on the deontic concept. The Deontic way of looking at situations will tell us what is morally wrongful and possibly redressable in court but many situations simply sit badly with us. It is here, in this arena, that the eudaimonic concept comes into its own. (shrink)

This paper briefly describes the life of Otte Gross and his thoughts on sexuality, society, and repression. This provides the basis to interpret the #MeToo movement as functioning in the same way as a repressed memory that breaks through to consciousness. Gross' suggestion that society "rapes" individuals and his assertion of a primordial matriarchal society are useful insights in understanding the #Metoo movement.

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 (...) argue (against the standard interpretation) that experimental findings in moral psychology show that the principle of respect for persons—a principle that grounds our human liberty rights—drives our intuitive moral judgments. In light of this discussion, I examine a puzzle about sex by deception—a puzzle which at first may seem to compel us to define 'rape' strictly in terms of force rather than sexual autonomy. I proceed by presenting an argument against the view that, as a rule, sex by deception undermines consent—a position held by prominent thinkers such as Philippe Patry (2001), Onora O’Neill (2003), Rubenfeld (2012), Tom Dougherty (2013a, 2013b), Joyce M. Short (2013), and Danielle Bromwich and Joseph Millum (2013, 2018). As we will see, sex following deception to increase your chances does not always constitute rape. Lying about your age, education, job, family background, marital status, or interest in a relationship, for example, does not make your sex partner incapable of consenting, which is to say that sex by deception need not be rape. I even go so far as to say that sex with another person that is facilitated by withholding information about having a venereal disease shouldn't be classified as rape. Although sex by deception doesn't compromise consent, it nonetheless violates the principle of respect for persons, not by vitiating sexual autonomy and compromising consent, but by failing to respect other sexual rights, such as our rights to sexual dignity, individuality, and privacy. (shrink)

This essay explores the moral reasoning underpinning the common view that it is worse to kill a human compared with killing an animal. After examining the serious deficiencies of traditional approaches, the author develops an alternative utilitarian-based framework that proportions the seriousness of killing to levels of sentience. He demonstrates how this new approach avoids the problems faced by the application of standard utilitarian formulae in weighing the seriousness of killing many low-sentience animals vis-á-vis killing a single human. The author (...) concludes with a discussion of how this new approach overcomes the difficulties faced by Peter Singer’s dualist form of utilitarianism. (shrink)

Although the impact of so-called “sponsorship bias” has been the subject of increased attention in the philosophy of science, what exactly constitutes its epistemic wrongness is still debated. In this paper, I will argue that neither evidential accounts nor social–epistemological accounts can fully account for the epistemic wrongness of sponsorship bias, but there are good reasons to prefer social–epistemological to evidential accounts. I will defend this claim by examining how both accounts deal with a paradigm case from medical (...) epistemology, recently discussed in a paper by Bennett Holman. I will argue that evidential accounts cannot adequately capture cases of sponsorship bias that involve the manufacturing of certainty because of their neutrality with respect to the role of non-epistemic values in scientific practice. If my argument holds, it further highlights the importance of integrating social and ethical concerns into epistemological analysis, especially in applied contexts. One can only properly grasp sponsorship bias as an epistemological problem if one resists the methodological tendency to analyze social, ethical, and epistemological issues in isolation from each other. (shrink)

In the field of human rights, expressions like justice and legal reform are closely linked to the process of harmonization of domestic and international human rights standards. Harmonization of human rights standards can be described as a process wherein international human rights are incorporated or given full effect to at the domestic level. [i] To harmonize the two set of standards i.e. domestic and international is viewed as both a commitment and obligation of states under international law. [ii] In terms (...) of state practice, the process of harmonization may entail a set of actions including adoption of laws and creation of mechanisms for enforcement and redressal of violations. -/- At the international level, the harmonization agenda is actively promoted at forums including the Universal Periodic Review (UPR) or during consultations between states and human rights treaty bodies, etc. Questions on whether states are in compliance with their international human rights commitments under treaties and other resolutions are to a large extent determined based on the extent of harmonization. Other pertinent questions being whether existing domestic laws are compatible with international human rights standards? What conditions obstruct and facilitate harmonization of human rights standards? Are there any parameters to measure harmonization? -/- While harmonization is widely promoted, its study and assessment is complex. (shrink)

On Don Marquis’s future of value account of the wrongness of killing, ‘what makes it wrong to kill those individuals we all believe it is wrong to kill, is that killing them deprives them of their future of value’. Marquis has recently argued for a narrow interpretation of his future of value account of the wrongness of killing and against the broad interpretation that I had put forward in response to Carson Strong. In this article I argue that (...) the narrow view is problematic because it violates some basic principles of equality and because it allows for some of the very killing that Marquis sets out to condemn; further, I argue that the chief reason why Marquis chooses the narrow view over the broad view – namely that the broad view would take the killing of some nonhuman animals to be also wrong – should rather be considered a welcome upshot of the broad view. (shrink)

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 concept (...) of date rape has been widely used for at least three decades indicates the intractability of hermeneutical injustices of this sort and the challenges with its overcoming. (shrink)

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 (...) endorsed by Akin. Such a response, I claim, actually obscures a range of sexual harms, including some that may not rise to the level of being a crime. I also offer some thoughts on the moral psychology behind anti-abortion arguments of the kind advanced by Akin. (shrink)

W. K. Clifford famously argued that it is “wrong always, everywhere and for anyone, to believe anything upon insufficient evidence.” Though the spirit of this claim resonates with me, the letter does not. To wit, I am inclined to think that it is not morally wrong for, say, an elderly woman on her death bed to believe privately that she is going to heaven even if she does so on insufficient evidence—indeed, and lest there be any confusion, even if the (...) woman herself deems the evidence for her so believing to be insufficient. After all, her believing so does not appear to endanger, harm, or violate the rights of anyone, nor does it make the world a worse place in a significant, if any, way. That Clifford might have put too fine a point on the matter, however, does not entail that there are no conditions under which it is wrong to believe something upon insufficient evidence. In this paper, I argue that, in cases where believing a proposition (read: believing a proposition to be true) will affect others, it is prima facie wrong to have propositional faith—for present purposes, to believe the proposition despite deeming the evidence for one’s believing to be insufficient—before one has attempted to believe the proposition by proportioning one’s belief to the evidence. (shrink)

Ephecticism is the tendency towards suspension of belief. Epistemology often focuses on the error of believing when one ought to doubt. The converse error—doubting when one ought to believe—is relatively underexplored. This essay examines the errors of undue doubt. I draw on the relevant alternatives framework to diagnose and remedy undue doubts about rape accusations. Doubters tend to invoke standards for belief that are too demanding, for example, and underestimate how farfetched uneliminated error possibilities are. They mistake seeing how (...) incriminating evidence is compatible with innocence for a reason to withhold judgement. Rape accusations help illuminate the causes and normativity of doubt. I propose a novel kind of epistemic injustice, for example, wherein patterns of unwarranted attention to farfetched error possibilities can cause those error possibilities to become relevant. Widespread unreasonable doubt thus renders doubt reasonable and makes it harder to know rape accusations. Finally, I emphasise that doubt is typically a conservative force and I argue that the relevant alternatives framework helps defend against pernicious doubt-mongers. (shrink)

MacKay and Robinson (2016) claim that some legal procedures that regulate organ donations (VAC, opt-in, opt-out) bypass people's rational capacities and thus are “potentially morally worse than MAC”, which only employs a very mild form of coercion. We provide a critique of their argumentation and defend the opposite thesis: MAC is potentially morally worse than the three other options.

A good number of people currently thinking and writing about reasons identify a reason as a consideration that counts in favor of an action or attitude.1 I will argue that using this as our fundamental account of what a reason is generates a fairly deep and recalcitrant ambiguity; this account fails to distinguish between two quite different sets of considerations that count in favor of certain attitudes, only one of which are the “proper” or “appropriate” kind of reason for them. (...) This ambiguity has been the topic of recent discussion, under the head “the wrong kind of reasons problem.”2 I will suggest that confusion about “the wrong kind of reason” will be dispelled by changing our account of what a reason is. While I agree both that reasons are considerations and that certain.. (shrink)

This paper addresses the question of whether rape-law reform should treat all cases of simple rape—nonconsensual sex that does not involve the use or credible threat of physical force—as a serious crime. Of primary concern here are those sexual interactions, often referred to as “date rape” or “acquaintance rape,” where the coercive element is not physical force as evidenced by reasonable resistance. Should, as some feminist reformers have urged, felony rape include sexual interactions that may (...) not be fully consensual but do not include the use of physical force? If so, can convincing answers be provided for due process questions about what constitutes valid consent to sex and how to tell when it is present. This paper warns of the difficulties in determining what counts as evidence of nonconsent and mens rea in light of the “linkage thesis” which takes valid consent in these cases to be bilateral and interactive, and to imply the absence of mens rea. Given the complexity of norms governing these sexual interactions and the high likelihood of reasonable mistakes about consent, this paper contends that criminalizing these cases of simple rape will often result in the unjust treatment of the relevant parties. (shrink)

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 (...) of testimony and norms connecting knowledge and action, the harms of tacit idealizations away from important contextual factors, and a contextualist semantics for 'knows' ascriptions. (shrink)

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.

This paper offers an alternate explanation of cases from the doxastic wronging literature. These cases violate what I call the degree of inquiry right—a novel account of zetetic obligations to inquire when interests are at stake. The degree of inquiry right is a moral right against other epistemic agents to inquire to a certain threshold when a belief undermines one’s interests. Thus, the agents are sometimes obligated to leave inquiry open. I argue that we have relevant interests in reputation, relationships, (...) and the well-being of our social groups. These interests generate obligations against others to “do their homework” before closing inquiry. This alternate account makes better sense of puzzles that accounts of doxastic wronging fall prey to. (shrink)

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 (...) are not limited to those where con- sent is vitiated by background conditions. I start by calling this category of consensual sex Bad Sex. I then distinguish subspecies of this category, including psychological pressure, social coercion, and epistemically unsafe sex. I end by responding to an objection on which we should treat at least some subspecies of Bad Sex as rape. Though this alternative proposal is often motivated by ameliorative and strategic considerations, I argue that such considerations actually count against collapsing the categories of Bad Sex and rape. (shrink)

In a recent issue of Utilitas Gerald Lang provided an appealing new solution to the Wrong Kind of Reason problem for the buck-passing account of value. In subsequent issues Jonas Olson and John Brunero have provided objections to Lang's solution. I argue that Brunero's objection is not a problem for Lang's solution, and that a revised version of Lang's solution avoids Olson's objections. I conclude that we can solve the Wrong Kind of Reason problem, and that the wrong kind of (...) reasons for pro-attitudes are reasons that would not still be reasons for pro-attitudes if it were not for the additional consequences of having those pro-attitudes. (shrink)

In a number of recent philosophical debates, it has become common to distinguish between two kinds of normative reasons, often called the right kind of reasons (henceforth: RKR) and the wrong kind of reasons (henceforth: WKR). The distinction was first introduced in discussions of the so-called buck-passing account of value, which aims to analyze value properties in terms of reasons for pro-attitudes and has been argued to face the wrong kind of reasons problem. But nowadays it also gets applied in (...) other philosophical contexts and to reasons for other responses than pro-attitudes, for example in recent debates about evidentialism and pragmatism about reasons for belief. While there seems to be wide agreement that there is a general and uniform distinction that applies to reasons for different responses, there is little agreement about the scope, relevance and nature of this distinction. Our aim in this article is to shed some light on this issue by surveying the RKR/WKR distinction as it has been drawn with respect to different responses, and by examining how it can be understood as a uniform distinction across different contexts. We start by considering reasons for pro-attitudes and emotions in the context of the buck-passing account of value (§1). Subsequently we address the distinction that philosophers have drawn with respect to reasons for other attitudes, such as beliefs and intentions (§2), as well as with respect to reasons for action (§3). We discuss the similarities and differences between the ways in which philosophers have drawn the RKR/WKR distinction in these areas and offer different interpretations of the idea of a general, uniform distinction. The major upshot is that there is at least one interesting way of substantiating a general RKR/WKR distinction with respect to a broad range of attitudes as well as actions. We argue that this has important implications for the proper scope of buck-passing accounts and the status of the wrong kind of reasons problem (§4). (shrink)

Sexuel offences are classified in six groups and the most serious one is raping. If defloration is accompained with this offence, the punishment will increase seriously. -/- In this paper, the raping on the woman was violated through vagina have been investigated and at the offence fixation, the importance of the hymen have been determined.

A critical review of a book on rape by Joan McGregor.

There is an undeniable tendency to dismiss women’s sexual assault allegations out of hand. However, this tendency is not monolithic—allegations that black men have raped white women are often met with deadly seriousness. I argue that contemporary rape culture is characterized by the interplay between rape myths that minimize rape, and myths that catastrophize rape. Together, these two sets of rape myths distort the epistemic resources that people use when assessing rape allegations. These distortions (...) result in the unjust exoneration of people we cannot conceive of as monstrous, while making it too easy to believe that some marginalized people could be rapists. I also argue that rape myths enable a novel kind of epistemic injustice. This injustice concerns how our assessments of trustworthiness and our assessments of plausibility interact. I argue that rape myths can result in runaway credibility deflations that can explain both why people fail to believe most women, and also why people may unjustly believe false allegations that white women have been raped by black men. (shrink)

Wrong beliefs, known by some as ‘alternative facts’, have proliferated lately in important areas of human life, including social, political, and public health domains. This can be and has been damaging. This brief article proposes an epistemological category classification of these wrong beliefs, with the following mappings: a) ‘No-Information’ marked by willful blindness produces ‘Empty Beliefs’; b) ‘Mis-Information’ yields ‘Mis(taken) Beliefs’; and c) ‘Dis-Information’ predicated on blatant distortions produces ‘Dis(torted) Beliefs’. This simple classification system, is perhaps epistemologically satisfying, and moreover (...) could have positive policy implications. (shrink)

The idea that our epistemic practices can be wrongful has been the core observation driving the growing literature on epistemic injustice, doxastic wronging, and moral encroachment. But, one element of our epistemic practice has been starkly absent from this discussion of epistemic morality: attention. The goal of this article is to show that attention is a worthwhile focus for epistemology, especially for the field of epistemic morality. After presenting a new dilemma for proponents of doxastic wronging, I show how focusing (...) on attention not only allows us to defuse that dilemma, but also helps to substantiate accounts of what goes wrong in cases of doxastic wronging. (shrink)