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)

Several prominent theorists have recently advocated reconceptualizing rape as “nonconsensual sex,” omitting the traditional “force” element of the crime. I argue that such a conceptualization fails to capture what is distinctively problematic about rape for women and why rape is pivotal in supporting women’s gender oppression. I argue that conceptualizing rape as coerced sex can replace both the force and nonconsent elements and thereby remedies some of the main difficulties with extant definitions, especially in recognizing “ (...) class='Hi'>acquaintance” rape as such. I argue that this approach helps explain its distinctive badness both for the individual victims and for women as a group. (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)

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)

In this paper I begin to develop an account of the acquaintance that each of us has with our own conscious states and processes. The account is a speculative proposal about human mental architecture and specifically about the nature of the concepts via which we think in first personish ways about our qualia. In a certain sense my account is neutral between physicalist and dualist accounts of consciousness. As will be clear, a dualist could adopt the account I will (...) offer while maintaining that qualia themselves are non-physical properties. In this case the non-physical nature of qualia may play no role in accounting for the features of acquaintance. But although the account could be used by a dualist, its existence provides support for physicalism. (shrink)

Taking perceptual experience to consist in a relation of acquaintance with the sensible qualities, I argue that the state of being acquainted with a sensible quality is intrinsically a form of knowledge, and not merely a means to more familiar kinds of knowledge, such as propositional or dispositional knowledge. We should accept the epistemic claim for its explanatory power and theoretical usefulness. That acquaintance is knowledge best explains the intuitive epistemic appeal of ‘Edenic’ counterfactuals involving unmediated perceptual contact (...) with reality (cf. Chalmers, in: Gendler, Hawthorne (eds) Perceptual experience, Oxford University Press, 2006). It explains the elusiveness of knowledge gained through new acquaintances. It coheres with the knowledge-like functional role of acquaintance in the special context of evaluative beliefs and evaluative reasoning, where the objects of acquaintance serve as evidence and inferential basis. And, finally, taking acquaintance to be knowledge is theoretically fruitful: it helps vindicate claims about the relationship between knowledge and concern for others we already find intuitive or outright accept. After developing a novel case for the epistemic claim, I respond to two familiar objections against it: namely, (1) that there are no pre-propositional, pre-conceptual cases of perceptual experience that remain epistemically relevant (Sellars in Empiricism and the philosophy of mind, Routledge, 1968, McDowell, in: Lindgard (ed) John McDowell: Experience, norm, and nature, Blackwell, 2008); and (2) that the category of knowledge appears gerrymandered once we add ‘object’ knowledge to the epistemological mix (Farkas, in: Knowles, Raleigh (eds), Acquaintance: new essays, Oxford University Press, 2019). (shrink)

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)

Most recent philosophical theories of consciousness account for it in terms of representation, the bulk of the debate revolving around whether (suitably) representing something is sufficient for consciousness (as per first-order representationalism) or some further (meta-)representation is needed (as per higher-order representationalism and self-representationalism). In this paper, I explore an alternative theory of consciousness, one that aims to explain consciousness not in terms of representation but in terms of the epistemically and metaphysically direct relation of acquaintance. I call this (...) the Inner Acquaintance Theory of consciousness (IAT). Roughly, on IAT, what makes a mental state conscious is its subject being acquainted with it. Though not wholly unprecedented, IAT is still at the fringe of consciousness debates and remains largely underexplored. The main goal of this paper is to take some steps toward developing the details of IAT, illustrate its potential explanatory power, and put it forward as a plausible alternative to representational theories, with the hope that this will contribute to shifting IAT closer to the center of the debate. Here is how I proceed. In §2 I introduce a notion—inner awareness—that is crucial both to contextualize and to understand IAT. In §3 I provide some preliminary motivation for exploring IAT. In §4 I explain the notion of acquaintance and illustrate some of the features that are typically attributed to it in the literature. The details of IAT are then shaped through four main decision points. I address them in §§5-8, where I suggest a particular choice at each decision point, thereby progressively building up a view that I consider particularly promising. (shrink)

Sentences containing predicates of personal taste (for example, ‘tasty’, ‘funny’) and aesthetic predicates (for example, ‘beautiful’) give rise to an acquaintance inference: They convey the information that speakers have first-hand experience with the object of predication and they can only be uttered appropriately if that is the case. This is surprisingly hard to explain. I will concentrate on aesthetic predicates, and firstly criticize previous attempts to explain the acquaintance phenomena. Second, I will suggest an explanation that rests on (...) a speech act theoretical version of hybrid expressivism, according to which, in uttering ‘X is beautiful’ speakers perform two illocutionary acts simultaneously: an expressive and an assertive one. I will spell out this suggestion in detail and defend it against objections. Considering puzzles related to the acquaintance inference will lead to a new argument for a promising version of hybrid expressivism in meta-aesthetics. (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)

In this paper, I develop a new version of the acquaintance view of the nature of introspection of phenomenal states. On the acquaintance view, when one introspects a current phenomenal state of one's, one bears to it the relation of introspective acquaintance. Extant versions of the acquaintance view neglect what I call the phenomenal modification problem. The problem, articulated by Franz Brentano in his Psychology from an Empirical Standpoint, is that drawing introspective attention to one's current (...) conscious experience may modify its phenomenology. Failing to take phenomenal modification into account affects the adequacy of extant versions of the acquaintance view. The purpose of this paper is to develop a better version, the integration account, that meets the phenomenal modification challenge while preserving the merits of other versions. (shrink)

I elaborate and defend a set of metaphysical and epistemic claims that comprise what I call the acquaintance approach to introspective knowledge of the phenomenal qualities of experience. The hallmark of this approach is the thesis that, in some introspective judgments about experience, (phenomenal) reality intersects with the epistemic, that is, with the subject’s grasp of that reality. In Section 1 of the paper I outline the acquaintance approach by drawing on its Russellian lineage. A more detailed picture (...) of the approach emerges in succeeding sections, which respond to a range of objections. Some critics charge that approaches of this sort are overly idealized, in that they ignore the cognitive flaws and limitations of actual human beings. I begin to address these worries in Section 2, by arguing that the epistemic commitments of the acquaintance approach are in fact relatively modest. In Section 3, I sketch a picture of introspective reference that explains how phenomenal reality can intersect with the epistemic in a phenomenal judgment, as the acquaintance approach requires. Drawing on this picture of introspective reference, Section 4 sets out a practical strategy for achieving knowledge by acquaintance. Some contemporary acquaintance theorists (BonJour 2003, Fumerton 1996) employ demanding epistemic standards for knowledge by acquaintance, standards beyond those mandated by the acquaintance approach. In Section 5 I show that instances of introspective knowledge that meet less demanding standards can satisfy the acquaintance approach’s epistemic commitments. The final sections concern the most direct challenges to the acquaintance approach, which target the claim that phenomenal reality intersects with the epistemic. According to one such challenge, this claim is belied by the fact that possessing a phenomenal concept is a matter of having certain dispositions. Section 6 draws on a discussion by Sosa (2003) to articulate this challenge, and responds to it on behalf of the acquaintance approach. Section 7 addresses Stalnaker’s (2008) worry that, if phenomenal reality intersected with the epistemic, phenomenal information would be incommunicable. (shrink)

Much attention has recently been paid to the idea, which I label ‘External World Acquaintance’ (EWA), that the phenomenal character of perceptual experience is partially constituted by external features. One motivation for EWA which has received relatively little discussion is its alleged ability to help deal with the ‘Explanatory Gap’ (e.g. Fish 2008, 2009, Langsam 2011, Allen 2016). I provide a reformulation of this general line of thought, which makes clearer how and when EWA could help to explain the (...) specific phenomenal nature of visual experience. In particular, I argue that by focusing on the different kinds of perceptual actions that are available in the case of visual spatial vs. colour perception, we get a natural explanation for why we should expect the specific nature of colour phenomenology to remain less readily intelligible than the specific nature of visual spatial phenomenology. (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)

Classical acquaintance theory is any version of classical foundationalism that appeals to acquaintance in order to account for non-inferential justification. Such theories are well suited to account for a kind of infallible non-inferential justification. Why am I justified in believing that I’m in pain? An initially attractive (partial) answer is that I’m acquainted with my pain. But since I can’t be acquainted with what isn’t there, acquaintance with my pain guarantees that I’m in pain. What’s less clear (...) is whether, given classical acquaintance theory, it’s possible to have non-inferential justification to believe something false. Classical acquaintance theorists try to make room for such a possibility, but I argue that the attempts of Richard Fumerton, Ali Hasan, and Evan Fales are inadequate. I’ll focus on introspective justification, but similar issues arise for a priori justification as well. (shrink)

It is sometimes claimed that in his 1912 work, "The Problems of Philosophy" (POP), and possibly as early as “on Denoting”, Russell conceives of the mind's acquaintance with sense-data as providing an indubitable or certain foundation for empirical knowledge. However, although he does say things suggestive of this view in certain of his 1914 works, Russell also makes remarks in POP that conflict with any such broadly "Cartesian" interpretation of this work. This paper attempts to resolve this apparent tension, (...) while also offering a close examination of Russell's views on the nature of acquaintance and their relationship to certain ideas in William James. (shrink)

In her black and white room, Mary doesn’t know what it is like to see red. Only after undergoing an experience as of something red and hence acquainting herself with red can Mary learn what it is like. But learning what it is like to see red requires more than simply becoming acquainted with it. To be acquainted with something is to know it, but such knowledge, as we argue, is object-knowledge rather than propositional-knowledge. To know what it is like (...) one must know an appropriate propositional answer to the question ‘what is it like?’. Despite this mismatch between object-knowledge and knowing an answer, we believe that acquaintance is crucial to Mary’s epistemic progress. When Mary leaves her black and white room, her new knowledge tempts one to think that she must come to know a candidate answer (a coarse-grained fact) that she didn’t know in her room. Since Mary already knows all the physical facts in her room, any additional facts she might learn appear to threaten physicalism. In reply, many physicalists have been attracted to the phenomenal concept strategy according to which Mary can come to have new knowledge and hence know a new answer to the question ‘what is it like to see red?’ by entertaining a coarse-grained fact under a concept she didn’t possess in her room – Mary learns a new fine-grained fact. We believe both of these accounts of Mary’s epistemic progress are mistaken. As we argue, Mary could know every fact (coarse-grained and fine-grained) that might serve as an answer to the question ‘what is it like to see red?’ and still not know what it is like. The physical world leaves no leftover coarse-grained facts for Mary to learn and because concepts are sharable, easy to possess, and easy to introduce, there are possible situations in which Mary, while in her black and white room, has every concept that might make a fine-grained difference. In short, even when Mary is granted a great deal of factual knowledge and vast conceptual resources, she may still not know an appropriate answer to the question ‘what is it like to see red?’. But in any such situation, Mary lacks acquaintance with red and on this basis we argue that in order to know what it is like, in order for Mary to know an appropriate answer, Mary’s propositional knowledge must be appropriately related to her acquaintance with red. (shrink)

Some physicalists (Balog 2012, Howell 2013), and most dualists, endorse the acquaintance response to the Knowledge Argument. This is the claim that Mary gains substantial new knowledge, upon leaving the room, because phenomenal knowledge requires direct acquaintance with phenomenal properties. The acquaintance response is an especially promising way to make sense of the Mary case. I argue that it casts doubt on two claims often made on behalf of physicalism, regarding parsimony and mental causation. I show that (...) those who endorse the acquaintance response face special obstacles to invoking parsimony in an argument for physicalism. And I show how acknowledging the phenomenon of acquaintance can ease the dualist’s problems with mental causation, by dispelling three key objections to epiphenomenalism. The most challenging of these objections is that epiphenomenalism blocks an evolutionary explanation of the so-called “hedonic/utility match”. I propose that pleasures and pains, while themselves epiphenomenal, can nonetheless explain positive and negative associations with stimuli, associations that can contribute to fitness. (shrink)

To be acquainted with something (in the philosophical sense of “acquainted” discussed here) is to be directly aware of it. The idea that we are acquainted with certain things we experience has been discussed throughout the history of Western Philosophy, but in the early 20th century it gained especially focused attention among analytic philosophers who drew their inspiration from Bertrand Russell's work on acquaintance. Since then, many philosophers—particularly those working on self‐knowledge or perception—have used the notion of acquaintance (...) to explain various facts about human experience and knowledge. In this paper, I offer an overview of this work, with particular focus on the resurgent literature on acquaintance in contemporary analytic philosophy. After more fully explaining what acquaintance is (or is supposed to be), I describe some reasons for thinking that we are indeed acquainted with certain things we experience, and then I survey some of the facts about experience and knowledge that acquaintance may help explain. (shrink)

The primary goal of this paper is to provide substantial motivation for exploring an Acquaintance account of phenomenal consciousness, on which what fundamentally explains phenomenal consciousness is the relation of acquaintance. Its secondary goal is to take a few steps towards such an account. Roughly, my argument proceeds as follows. Motivated by prioritizing naturalization, the debate about the nature of phenomenal consciousness has been almost monopolized by representational theories. Among them, Self-Representationalism is by far the most antecedently promising. (...) However, on thorough inspection, Self-Representationalism turns out not explanatorily or theoretically better than the Acquaintance account. Indeed, the latter seems to be superior in at least some important respects. Therefore, at the very least, there are good reasons to take the Acquaintance account into serious consideration as an alternative to representational theories. The positive contribution of this paper is a sketch of an account of consciousness on which phenomenal consciousness is explained partly in representationalist terms, but where a crucial role is played by the relation of acquaintance. (shrink)

My question here concerns whether Kant claims that experience has nonconceptual content, or whether, on his view, experience is essentially conceptual. However there is a sense in which this debate concerning the content of intuition is ill-conceived. Part of this has to do with the terms in which the debate is set, and part to do with confusion over the connection between Kant’s own views and contemporary concerns in epistemology and the philosophy of mind. However, I think much of the (...) substance of the debate concerning Kant’s views on the content of experience can be salvaged by reframing it in terms of a debate about the dependence relations, if any, that exist between different cognitive capacities. Below, in Section 2, I clarify the notion of ‘content’ I take to be at stake in the interpretive debate. Section 3 presents reasons for thinking that intuition cannot have content in the relevant sense. I then argue, in Section 4, that the debate be reframed in terms of dependence. We should distinguish between Intellectualism, according to which all objective representation (understood in a particular way) depends on acts of synthesis by the intellect, and Sensibilism, according to which at least some forms of objective representation are independent of any such acts (or the capacity for such acts). Finally, in Section 5, I further elucidate the cognitive role of intuition. I articulate a challenge which Kant understands alethic modal considerations to present for achieving cognition, and argue that a version of Sensibilism that construes intuition as a form of acquaintance is better positioned to answer this challenge than Intellectualism. (shrink)

Assertions about appearances license inferences about the speaker's perceptual experience. For instance, if I assert, 'Tom looks like he's cooking', you will infer both that I am visually acquainted with Tom (what I call the "individual acquaintance inference"), and that I am visually acquainted with evidence that Tom is cooking (what I call the "evidential acquaintance inference"). By contrast, if I assert, 'It looks like Tom is cooking', only the latter inference is licensed. I develop an account of (...) the acquaintance inferences of appearance assertions building on two main previous lines of research: first, the copy raising literature, which has aimed to account for individual acquaintance inferences through the "perceptual source" semantic role; second, the subjectivity literature, which has focused on the status of acquaintance inferences with predicates of personal taste, but hasn't given much attention to the added complexities introduced by appearance language. I begin by developing what I take to be the most empirically-sound version of a perceptual source analysis. I then show how its insights can be maintained, while however taking anything about perception out of the truth conditions of appearance sentences. This, together with the assumption that appearance assertions express experiential attitudes, allows us to capture the acquaintance inferences of bare appearance assertions without making incorrect predictions about the behavior of appearance verbs in embedded environments. (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)

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, (...) and about the role the pain suffered by victims and victims' families should play in this inquiry. In this Reply, I agree with the authors on the importance of confronting emotion's role in capital punishment, for reasons I discuss in Part A. However, I disagree with their claim that the moral outrage evoked by child rape supports making it a capital crime. Part B explores the difficulties of using the existence of moral outrage as a measure of appropriate punishment. Part C argues that the penal system should not merely reflect moral outrage, but channel and educate it. It suggests that the availability of the death penalty may create an anchoring effect, communicating the message that the death penalty is the proper way to express moral outrage and to honor the worth of murder victims. It explores the consequences of this message. Section II focuses on the role of emotion in deciding whether child rape should be a capital crime. Part A considers the problematic role of victim harm in determining whether the death penalty is appropriate. It explores the question, raised in Kennedy v Louisiana, of whether the effect of a capital trial on child rape victims ought to be part of the calculus. Part B argues that there are three particular problems with allowing juries to sentence child rapists to death: the deleterious effect of anger and empathy, the problem of generic prejudice, and the issue of race. (shrink)

Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same action and intention. While some argue (...) luck should not bear on persons’ culpability, Victor Kumar has argued that the tendency to hold unlucky agents responsible for harm is justified by consequentialist aims of punishment (Kumar 2019). In contrast, judgments that focus on acts and intentions may be primarily retributive. Kumar claims that judgments focused on results track external, public harm because this increases the reliability of punishment and better achieves instrumental aims, including deterrent effect. In this chapter I examine rape cases using Kumar’s theory of punishment. Rape involves outcomes that are not publicly available. If judgments of punishment depend on outcomes, then we would expect such judgments to be less stable for those instances of wrongdoing that lack public outcomes such as rape, because such judgments would rely instead on often biased and unreliable inferential processes to establish the presence of mental states, which are essentially private. In this way Kumar’s theory actually predicts the way in which we see criminal justice institutions fail with regard to arrest, prosecution, and punishment related to rape; and we might expect similar failures for other crimes that lack publicly available results. In sum, a fundamental problem with institutionalized punishment centered upon results may be that some crimes sit within a moral blindspot. (shrink)

It is often assumed that singular thought requires that an agent be epistemically acquainted with the object the thought is about. However, it can sometimes truthfully be said of someone that they have a belief about an object, despite not being interestingly epistemically acquainted with that object. In defense of an epistemic acquaintance constraint on singular thought, it is thus often claimed that belief ascriptions are context sensitive and do not always track the contents of an agent’s mental states. (...) This paper uses first-person attitude reports to argue that contextualism about belief ascriptions does not present an adequate defense of an acquaintance constraint on singular thought. (shrink)

Conscious intentional states are mental states that represent things as being a certain way and do so consciously: they involve a phenomenally conscious representation. For any phenomenally conscious state, there is something it is like for its subject to be in it. The way it is like for a subject to be in a certain phenomenal state is the state’s phenomenal character. According to some authors, phenomenal character has two components: qualitative character (i.e., the “what it is like” component) and (...) subjective character (the “for the subject” component). Elsewhere, I have argued for an acquaintance theory of subjective character: a conscious representation is “for the subject” iff the subject is acquainted with it (Giustina forthcoming). The aim of this paper is to take some initial steps toward developing an acquaintance account of qualitative character. More specifically, I develop an acquaintance-representational account of the qualitative character of conscious intentional states, on which qualitative character is constituted by a subject’s being acquainted with the conscious intentional state’s representational properties. By reviewing the main extant accounts of qualitative character and highlighting their shortcomings, I argue that the acquaintance-representational account is antecedently more plausible than its competitors. (shrink)

This paper is about the relevance of attitude-ascriptions to debates about singular thought. It examines a methodology (common to early acquaintance theorists [Kaplan 1968] and recent critics of acquaintance [Hawthorne and Manley 2012], which assumes that the behaviour of ascriptions can be used to draw conclusions about singular thought. Although many theorists (e.g. [Recanati 2012]) reject this methodology, the literature lacks a detailed examination of its implications and the challenges faced by proponents and critics. I isolate an assumption (...) of the methodology, which I call the tracking assumption: that an attitude-ascription which states that s Φ's that P is true iff s has an attitude, of Φ-ing, which is an entertaining of the content P (with entertain used in a stipulated sense). I argue that the tracking assumption must be rejected, not because it has deflationary consequences, but because it leads to unstable commitments. I also show that there are independent reasons to reject it, because ordinary attitude ascriptions underdetermine even the truth-conditions of the mental-states they ascribe. However, I argue, this does not involve rejecting the claim that attitude-ascriptions express relations between agents and contents. Instead, they state different relations depending on contextual factors other than the nature of the mental-states ascribed. (shrink)

If, as Richard Wollheim says, the Acquaintance Principle is ‘a well-entrenched principle in aesthetics,’ it would be surprising if there were not something true at which those who have asserted it have been aiming. I argue that the Acquaintance Principle cannot be true on any traditional epistemic interpretation, nor on any usability interpretation of the sort Robert Hopkins has recently suggested. I then argue for an interpretation of the principle that treats acquaintance as the end to which (...) judgments of aesthetic value are the means as opposed to the other way around. (shrink)

Some assertions give rise to the acquaintance inference: the inference that the speaker is acquainted with some individual. Discussion of the acquaintance inference has previously focused on assertions about aesthetic matters and personal tastes (e.g. 'The cake is tasty'), but it also arises with reports about how things seem (e.g. 'Tom seems like he's cooking'). 'Seem'-reports give rise to puzzling acquaintance behavior, with no analogue in the previously-discussed domains. In particular, these reports call for a distinction between (...) the specific acquaintance inference (that the speaker is acquainted with a specific individual) and the general acquaintance inference (that the speaker is acquainted with something or other of relevance). We frame a novel empirical generalization -- the specific with stage-level generalization -- that systematizes the observed behavior, in terms of the semantics of the embedded 'like'-clause. We present supporting experimental work, and explain why the generalization makes sense given the evidential role of 'seem'-reports. Finally, we discuss the relevance of this result for extant proposals about the semantics of 'seem'-reports. More modestly, it fills a gap in previous theories by identifying which reports get which of two possible interpretations; more radically, it suggests a revision of the kind of explanation that should be given for the acquaintance behavior in question. (shrink)

Relationalism about perception minimally claims that instances of perception -- in contrast to instances of hallucination -- are constituted by the external objects perceived. Most variants of relationalism furthermore maintain that this difference in constitution is due to a difference in mental kind. One prominent example is acquaintance relationalism, which argues that perceptions are relational in virtue of acquainting us with external objects. I distinguish three variants of acquaintance relationalism -- which differ in their answers to the question (...) of which kind of awareness hallucinations involve -- and object to all of them on two main grounds. First, none of the variants can explain how hallucinations can be introspectively indistinguishable from perceptions, despite their essential difference in awareness. Second, all three variants are unable to identify the feature of hallucinations that ensure that these experiences possess the same motivational power as corresponding perceptions. Since aquaintance relationalism can satisfy neither of these two desiderata on relationalist views, it should be rejected. Hence, if we want to be relationalists about perception, we should endorse a form of relationalism that treats perceptions -- as well as hallucinations -- as representational. (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)

This is the introductory essay to the collection of essays: 'Acquaintance: New Essays' (eds. Knowles & Raleigh, forthcoming, OUP). In this essay I provide some historical background to the concept of acquaintance. I examine various Russellian theses about acquaintance that contemporary acquaintance theorists may wish to reject. I consider a number of questions that acquaintance theorists face. I provide a survey of current debates in philosophy where acquaintance has recently been invoked. And I also (...) provide brief summaries of the other essays in this volume. (shrink)

Introspective knowledge by acquaintance is knowledge we have by being directly aware of our phenomenally conscious states. In this paper, I argue that introspective knowledge by acquaintance is a sui generis kind of knowledge: it is irreducible to any sort of propositional knowledge and is wholly constituted by a relationship of introspective acquaintance. My main argument is that this is the best explanation of some epistemic facts about phenomenal consciousness and introspection. In particular, it best explains the (...) epistemic asymmetry between a subject who has never had a certain phenomenal state and one who has. I also consider two theoretical objections to my claim: an objection from disunity and an objection from mysteriousness. I show that these objections can be answered and that introspective knowledge by acquaintance being sui generis remains a live option on the table. (shrink)

In recent literature, there is a strong tendency to endorse the following argument: There are particular judgments about one's current phenomenal experiences that are infallible; if there are particular judgments about one's current phenomenal experiences that are infallible, then the infallibility of those judgments is due to the relation of acquaintance; therefore, acquaintance explains why those particular judgments about one's current phenomenal experiences are infallible. The aim of this paper is to examine critically both the first and the (...) second premise of this argument. It will emerge that there might be a small class of judgments about one's current phenomenal experiences that are infallible, namely judgments involving direct phenomenal concepts. However, as I will try to show, the infallibility of such judgments, if existent at all, is not due to the relation of acquaintance. (shrink)

Russell’s theory of acquaintance construes perceptual awareness as at once constitutively independent of conceptual thought and yet a source of propositional knowledge. Wilfrid Sellars, John McDowell, and other conceptualists object that this is a ‘myth’: perception can be a source of knowledge only if conceptual capacities are already in play therein. Proponents of a relational view of experience, including John Campbell, meanwhile voice sympathy for Russell’s position on this point. This paper seeks to spell out, and defend, a claim (...) that offers the prospects for an attractive, unacknowledged element of common ground in this debate. The claim is that conceptual capacities, at least in a certain minimal sense implicit in McDowell’s recent work, must be operative in perceptual experience, if it is to rationalize judgement. The claim will be supported on the basis of two premises, each of which can be defended drawing, inter alia, on considerations stressed by Campbell. First, that experience rationalizes judgement only if it is attentive. Second, that attention qualifies as a conceptual capacity, in the noted, minimal sense. The conjunction of the two premises might be dubbed ‘attentional conceptualism’. (shrink)

Bertrand Russell’s epistemology had the interesting structural feature that it made propositional knowledge (“S knows that p”) asymmetrically dependent upon what Russell called knowledge by acquaintance. On this view, a subject lacking any knowledge by acquaintance would be unable to know that p for any p. This is something that virtually nobody has defended since Russell, and in this paper I initiate a sympathetic reconsideration.

The kind of empathy that is communicated through expressions like “I feel your pain” or “I share your sadness” is important, but peculiar. For it seems to require something perplexing and elusive: sharing another’s experience. It’s not clear how this is possible. We each experience the world from our own point of view, which no one else occupies. It’s also unclear exactly why it is so important that we share others' pains. If you are in pain, then why should it (...) matter, and be a good thing, that I am also in the same pain? Our goal in this paper is to address these questions. Specifically, our goal is to clarify how empathy, in the regimented sense of sharing another’s pain, is possible and why it is important. Central to our account is the concept of being acquainted with—that is, directly aware of—pain. When I feel my own pain, and am acquainted with it, I want the pain to stop, and I’m moved—sometimes compelled—to stop it. My acquaintance with the pain is what reveals that it is no good, to be gotten rid of, and to be avoided in the future. Acquaintance also appears to be implicated in our understanding of, and motivation to relieve, others’ pains. When I say “I feel your pain” I express an awareness of your pain, a direct appreciation of its noxious qualities, and, as with my own pain, an understanding of why it ought to be eased. Explaining how empathy is both possible and important therefore involves clarifying the nature of acquaintance: its limits, epistemic role, and motivational significance. What our analysis reveals is that agents have both epistemic and moral reasons to share other people’s pain because pain-sharing is the source of a species of character-building knowledge that we have no other way of accessing except through direct acquaintance with pain. (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.

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 (...) in a gender neutral guise. These critics call for the explicit employment of a reasonable woman standard for application to the actions of female victims of rape. But the arguments for abandoning a gender-neutral standard are double-edged and the employment of gendered standards of reasonability is likely to have implications that are neither foreseen by, nor acceptable to, advocates of such standards. Reasonable agent standards can be dropped, in favor of appeals to the notion of a reasonable demand by the law. However, if reasonable agent standards are to be retained, gendered versions of such standards are not preferable to gender-neutral ones. (shrink)

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 (...) thin consent that the law focuses on is not enough ethically and it should not be enough legally to justify sexual penetration. I advocate sexual negotiation, where individuals discuss sexual desires and boundaries and agree to engage in penetration before it occurs, except under circumstances in which the partners have a reasonable basis to assess one another's nonverbal behavior. I argue that not only is verbal consultation about desire ordinarily ethically necessary before most acts of sexual penetration, it should be legally required. Consultation to ascertain sexual desires and boundaries assures that both parties desire penetration. (shrink)

I am aware of the rain outside, but only in virtue of looking at a weather report. I am aware of my friend, but only because I hear her voice through my phone. Thus, there are some things that I’m aware of, but only indirectly. Many philosophers believe that there are also some things of which I am directly aware. The most plausible candidates are experiences such as pains, tickles, visual sensations, etc. In fact, the philosophical consensus seems to be (...) that experiences are the only plausible candidates for acquaintance. But I will argue that we are also acquainted with ourselves. After outlining what it means to be acquainted with oneself, I will introduce, develop, and defend a commonly used test for acquaintance. Then I will apply this test to us and show that we pass. I will consider various objections to my argument. But ultimately I will conclude that we can be, and often are, acquainted with ourselves. (shrink)

The thesis that in order to genuinely think about a particular object one must be (in some sense) acquainted with that object has been thoroughly explored since it was put forward by Bertrand Russell. Recently, the thesis has come in for mounting criticism. The aim of this paper is to point out that neither the exploration nor the criticism have been sensitive to the fact that the thesis can be interpreted in two different ways, yielding two different principles of (...) class='Hi'>acquaintance. One principle uses the notion of content in distinguishing genuine thinking-about things from a merely derivative kind of thinking-about things. The other principle is quiet about content, focusing instead on a distinction between satisfactional and non-satisfactional means of bringing things into thought. Most work has focused on the first, content-based principle of acquaintance. But criticisms of this principle do not apply straightforwardly to the non-content-based principle. I shall argue that the latter principle merits independent assessment as part of the broader effort to account for genuine thinking about particular objects. In the final section of the paper, I will sketch a roadmap for this assessment. (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.

My contribution to the first round of a tetralog with Bill Brewer, Anil Gupta, and John McDowell. Each of us has written a response to the writings of the other three philosophers on the topic "Empirical Reason". My initial contribution focuses on what we know a priori about perception. In the second round, we will each respond to the each writer's first-round contributions.

Making an adequate aesthetic judgment about an object or an aesthetic property requires first-hand experience of that object or property. Many have suggested that this principle is a valid epistemic norm in the epistemology of the aesthetic. However, some recent philosophers have argued that certain works of conceptual art and other counterexamples disprove the principle in question, even suitably modified. In this paper, I argue that these philosophers are mistaken and that, when properly qualified, the acquaintance principle (in some (...) of its versions) is not threatened by their examples and arguments. (shrink)

Feminist critics of evolutionary psychology are often accused of committing the naturalistic fallacy, that is, of inferring certain normative conclusions from evolutionary psychology’s purely descriptive accounts. This article refutes the accusation of the naturalistic fallacy, by showing that evolutionary psychology’s accounts of human behavior are not purely descriptive, but rather grounded on biased value judgments. A paradigmatic example is Randy Thornhill and Craig Palmer’s well-known book A Natural History of Rape. I argue that at least three biased judgments are (...) at work in Thornhill and Palmer’s evolutionary psychology account of rape: (1) adaptationist approaches to evolution, (2) willful ignorance of cultural and social context, and (3) binary understanding of gender and sex. In that Thornhill and Palmer’s account cannot hold without the three biased value judgments, it is not a purely factual description of rape. Therefore, feminist concerns over its normative implications do not commit the naturalistic fallacy, as it is not the case that they infer a normative conclusion from a pure description. (shrink)

This article was written in the wake of the issue concerning Jyoti's rape and the documentary "India's Daughter".