Results for 'attempted rape'

309 found
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  1. Trying to Make Sense of Criminal Attempts. [REVIEW]Ken Levy - 2016 - Jurisprudence 7 (3):656-664.
    Issues include attempts generally; the problem of outcome luck; the impossibility defense; physical movement and intent; and reckless attempts, attempted rape, and attempted theft. In the final section, I offer a hypothetical that challenges Prof. Donnelly-Lazarov's theory.
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  2. Robotic Rape and Robotic Child Sexual Abuse: Should They Be Criminalised?John Danaher - 2017 - Criminal Law and Philosophy 11 (1):71-95.
    Soon there will be sex robots. The creation of such devices raises a host of social, legal and ethical questions. In this article, I focus in on one of them. What if these sex robots are deliberately designed and used to replicate acts of rape and child sexual abuse? Should the creation and use of such robots be criminalised, even if no person is harmed by the acts performed? I offer an argument for thinking that they should be. The (...)
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  3. Rape Culture and Epistemology.Bianca Crewe & Jonathan Jenkins Ichikawa - forthcoming - In Jennifer Lackey (ed.), Applied Epistemology.
    We consider the complex interactions between rape culture and epistemology. A central case study is the consideration of a deferential attitude about the epistemology of sexual assault testimony. According to the deferential attitude, individuals and institutions should decline to act on allegations of sexual assault unless and until they are proven in a formal setting, i.e., a criminal court. We attack this deference from several angles, including the pervasiveness of rape culture in the criminal justice system, the epistemology (...)
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  4. Date Rape: The Intractability of Hermeneutical Injustice.Debra L. Jackson - 2019 - In Wanda Teays (ed.), Analyzing Violence Against Women. New York: Springer. pp. 39-50.
    Social epistemologists use the term hermeneutical injustice to refer to a form of epistemic injustice in which a structural prejudice in the economy of collective interpretive resources results in a person’s inability to understand his/her/their own social experience. This essay argues that the phenomenon of unacknowledged date rapes, that is, when a person experiences sexual assault yet does not conceptualize him/her/their self as a rape victim, should be regarded as a form of hermeneutical injustice. The fact that the concept (...)
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  5. ‘Legitimate Rape’, Moral Coherence, and Degrees of Sexual Harm.Brian D. Earp - 2015 - Think 14 (41):9-20.
    In 2012, the politician Todd Akin caused a firestorm by suggesting, in the context of an argument about the moral permissibility of abortion, that some forms of rape were. This seemed to imply that other forms of rape must not be legitimate. In response, several commentators pointed out that rape is a and that there are. While the intention of these commentators was clear, I argue that they may have played into the very stereotype of rape (...)
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  6. Does Pornography Presuppose Rape Myths?Richard Kimberly Heck - manuscript
    Rae Langton and Caroline West have argued that pornography silences women by presupposing misogynistic attitudes, such as that women enjoy being raped. More precisely, they claim that a somewhat infamous pictorial, “Dirty Pool”, makes such presuppositions. I argue for four claims. (i) Langton and West's account of how pornography silences women is empirically dubious. (ii) There is no evidence that very much pornography makes the sorts of presuppositions they require. (iii) Even "Dirty Pool", for all its other problems, does not (...)
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  7. Review of Joan McGregor, Is It Rape[REVIEW]Alan Soble - 2006 - Law and Philosophy 25 (6):663-672.
    A critical review of a book on rape by Joan McGregor.
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  8.  91
    Reconsidering Rape: Rethinking the Conceptual Foundations of Rape Law.John Bogart - 1995 - Canadian Journal of Law and Jurisprudence 8 (1):159-82.
    Argument about changes in the law of rape are logically dependent upon a prior definitional account. For any legal definition of an act, one can sensibly ask if that definition is right. To know whether the law is sound, one must first understand of what it is that the definition is a definition. For many parts of the criminal law, and the law of rape is one, the definitions on which the law moves are concepts perfectly accessible outside (...)
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  9. Hunting Girls: Sexual Violence From The Hunger Games to Campus Rape, by Kelly Oliver. [REVIEW]Debra Jackson - 2017 - Hypatia Reviews Online:nd.
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  10. Rape and Resistance. [REVIEW]Jonathan Jenkins Ichikawa - 2018 - The Philosophers' Magazine 83:117-118.
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  11.  57
    Review of What Is Rape? Social Theory and Conceptual Analysis by Hilkje Charlotte Hänel. [REVIEW]Caleb Ward - 2019 - Apa Newsletter on Feminism and Philosophy 19 (1):38-40.
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  12. Rape as Spectator Sport and Creepshot Entertainment: Social Media and the Valorization of Lack of Consent.Kelly Oliver - 2015 - American Studies Journal (10):1-16.
    Lack of consent is valorized within popular culture to the point that sexual assault has become a spectator sport and creepshot entertainment on social media. Indeed, the valorization of nonconsensual sex has reached the extreme where sex with unconscious girls, especially accompanied by photographs as trophies, has become a goal of some boys and men.
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  13.  67
    Reivew of The Technoscientific Witness of Rape by Andrea Quinlan. [REVIEW]Debra L. Jackson - 2017 - Somatechnics 7 (2):312-314.
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  14. Sex Education and Rape.Michelle J. Anderson - 2010 - Michigan Journal of Gender and Law 17 (1).
    In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere that the kind of (...)
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  15. Commodification and Phenomenology: Evading Consent in Theory Regarding Rape: John H. Bogart.John H. Bogart - 1996 - Legal Theory 2 (3):253-264.
    In a recent essay, Donald Dripps advanced what he calls a “commodification theory” of rape, offered as an alternative to understanding rape in terms of lack of consent. Under the “commodification theory,” rape is understood as the expropriation of sexual services, i.e., obtaining sex through “illegitimate” means. One aim of Dripps's effort was to show the inadequacy of consent approaches to understanding rape. Robin West, while accepting Dripps's critique of consent theories, criticizes Dripps's commodification approach. In (...)
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  16. Child Rape, Moral Outrage, and the Death Penalty.Susan A. Bandes - 2008 - Northwestern University Law Review Colloquy 103.
    In *Engaging Capital Emotions,* Douglas Berman and Stephanos Bibas argue that emotion is central to understanding and evaluating the death penalty, and that the emotional case for the death penalty for child rape may be even stronger than for adult murder. Both the Berman and Bibas article and the subsequent Supreme Court decision in Kennedy v. Louisiana (striking down the death penalty for child rape) raise difficult questions about how to measure the heinousness of crimes other than murder, (...)
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  17. Science Gone Astray: Evolution and Rape[REVIEW]Elisabeth A. Lloyd - 2001 - Michigan Law Review 99 (6):1536-1559.
    This is a critique of "A Natural History of Rape: Biological Bases of Sexual Coercion" (Thornhill & Palmer, 2000). Lloyd argues that they have failed to do "excellent science" as required to defend themselves against criticism. As an example, Lloyd contends that they make conclusions which depend on rape being a single trait, while failing to prorivde any basis for such an assumption.
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  18. Rape and the Reasonable Man.Donald C. Hubin & Karen Haely - 1999 - Law and Philosophy 18 (2):113-139.
    Standards of reasonability play an important role in some of the most difficult cases of rape. In recent years, the notion of the reasonable person has supplanted the historical concept of the reasonable man as the test of reasonability. Contemporary feminist critics like Catharine MacKinnon and Kim Lane Scheppele have challenged the notion of the reasonable person on the grounds that reasonability standards are gendered to the ground and so, in practice, the reasonable person is just the reasonable man (...)
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  19. On Gellman's Attempted Rescue.Stephen Maitzen - 2010 - European Journal for Philosophy of Religion 2 (1):193 - 198.
    In "Ordinary Morality Implies Atheism" (2009), I argued that traditional theism threatens ordinary morality by relieving us of any moral obligation to prevent horrific suffering by innocent people even when we easily can. In the current issue of this journal, Jerome Gellman attempts to rescue that moral obligation from my charge that theism destroys it. In this reply, I argue that his attempted rescue fails.
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  20.  95
    Mental Self-Management as Attempted Negligence: Trying and Succeeding.Benjamin Rossi - 2015 - Law and Philosophy 34 (5):551-579.
    Attempted negligence’ is a category of criminal offense that many jurists and philosophers have law have deemed conceptually incoherent. In his Attempts: In the Philosophy of Action and the Criminal Law, Gideon Yaffe challenges this dismissal, anchoring his argument in cases of what he calls ‘mental self-management’ in which agents plan to bring about that they perform unintentional actions at a later time. He plausibly argues that mental self-management-type attempted negligence is possible. However, his account raises the question (...)
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  21. Conceptualizing Rape as Coerced Sex.Scott A. Anderson - 2016 - Ethics 127 (1):50-87.
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  22.  64
    Promiscuity, Pedophilia, Rape, and the Significance of the Sexual.Fiona Woollard - forthcoming - Public Affairs Quarterly.
    This paper uses a dilemma presented by David Benatar to explore the challenges that ‘Sexual Liberals’ face in giving a satisfactory account of sexual ethics. A satisfactory Sexual Liberal account of sexual ethics must be able to fully explain the wrongness of sexual assault without implying that sexual activity should be restricted to those in love. The assumption that this is impossible may be due to mistakes in our thinking about sexual assault. However, even when such mistakes are resolved, producing (...)
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  23. Enhancing Eyewitness Memory in a Rape Case.Peter Shiu-Hwa Tsu - 2010 - American Journal of Bioethics---Neuroscience 1 (3):41-42.
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  24. Gender Monstrosity: Deadgirl and the Sexual Politics of Zombie-Rape.Steve Jones - 2012 - Feminist Media Studies 13 (4):525-539.
    Deadgirl (2008) is based around a group of male teens discovering and claiming ownership of a bound female zombie, using her as a sex slave. This narrative premise raises numerous tensions that are particularly amplified by using a zombie as the film's central victim. The Deadgirl is sexually passive yet monstrous, reifying the horrors associated with the female body in patriarchal discourses. She is objectified on the basis of her gender, and this has led many reviewers to dismiss the film (...)
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  25. No Way Around Consent: A Reply to Rubenfeld on 'Rape-by-Deception'.Tom Dougherty - 2013 - Yale Jaw Journal Online 123:321-333.
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  26. Is Sex With Robots Rape?Romy Eskens - 2017 - Journal of Practical Ethics 5 (2):62-76.
    It is widely accepted that valid consent is a necessary condition for permissible sexual activity. Since non-human animals, children, and individuals who are severely cognitively disabled, heavily intoxicated or unconscious, lack the cognitive capacity to give valid consent, this condition explains why it is impermissible to have sex with them. However, contrary to common intuitions, the same condition seems to render it impermissible to have sex with robots, for they too are incapable of consenting to sex due to insufficient cognitive (...)
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  27.  78
    Anticipating the Ultimate Innovation, Volitional Evolution: Can It Not Be Promoted or Attempted Responsibly?Lantz Fleming Miller - 2015 - Journal of Responsible Innovation 2 (3):280-300.
    Theaspirationforvolitionalevolution,orhumanevolutiondirectedbyhumansthemselves,has increased in philosophical, scientific, technical, and commercial literature. The prospect of shaping the very being who is the consumer of all other innovations offers great commercial potential, one to which all other innovations would in effect be subservient. Actually an amalgam of projected technical/commercial developments, this prospective innovation has practical and ethical ramifications. However, because it is often discussed in a scientific way (specifically that of evolutionary theory), it first calls for examination in terms of common scientific approaches to (...)
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  28.  38
    Rape of Aphrodite.Kevin Nicholas - manuscript
    -/- ABSTRACT: The concept of beauty has been central to the understanding of Aesthetics, but most modern scholars examine and celebrate Aesthetics presupposing that beauty exists in this Universe, and that by merely being patrons and proponents of art, they can exercise their metaphysical-value judgment however they feel is fulfilling. Contemporary artists fail to realize the etiology and phenomenological value of beauty. The perfect exemplification of this can be seen in the veritable themes and allegories of Postmodernism. The fetishistic penchant (...)
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  29.  21
    Rape in Monastery : Downfall of Buddhism.Kshitiz Gaur (ed.) - 2020 - India: Just fiction.
    Buddhism almost spread densely in India for about six hundred years and also got support of kings and states and it also flourished not only in terms of treasurer but also in state power like of Christianity after the downfall of Romans in Europe. Words of Gautama Buddha after attaining Nirvana were against of any religious rituals and practises but after His death, gradually his words become another religion. Buddhism flourished and flourished rapidly on the Aryan land and also prospered (...)
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  30. Relevance and Risk: How the Relevant Alternatives Framework Models the Epistemology of Risk.Georgi Gardiner - forthcoming - Synthese:1-31.
    The epistemology of risk examines how risks bear on epistemic properties. A common framework for examining the epistemology of risk holds that strength of evidential support is best modelled as numerical probability given the available evidence. In this essay I develop and motivate a rival ‘relevant alternatives’ framework for theorising about the epistemology of risk. I describe three loci for thinking about the epistemology of risk. The first locus concerns consequences of relying on a belief for action, where those consequences (...)
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  31.  70
    The “She Said, He Said” Paradox and the Proof Paradox.Georgi Gardiner - forthcoming - In Zachary Hoskins and Jon Robson (ed.), Truth and Trial.
    This essay introduces the ‘she said, he said’ paradox for Title IX investigations. ‘She said, he said’ cases are accusations of rape, followed by denials, with no further significant case-specific evidence available to the evaluator. In such cases, usually the accusation is true. Title IX investigations adjudicate sexual misconduct accusations in US educational institutions; I address whether they should be governed by the ‘preponderance of the evidence’ standard of proof or the higher ‘clear and convincing evidence’ standard. -/- Orthodoxy (...)
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  32. Could There Ever Be an App for That? Consent Apps and the Problem of Sexual Assault.Danaher John - 2018 - Criminal Law and Philosophy 12 (1):143-165.
    Rape and sexual assault are major problems. In the majority of sexual assault cases consent is the central issue. Consent is, to borrow a phrase, the ‘moral magic’ that converts an impermissible act into a permissible one. In recent years, a handful of companies have tried to launch consent apps which aim to educate young people about the nature of sexual consent and allow them to record signals of consent for future verification. Although ostensibly aimed at addressing the problems (...)
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  33. Innocent Burdens.James Edwin Mahon - 2014 - Washington and Lee Law Review 71.
    In this article Judith Jarvis Thomson's Good Samaritan Argument in defense of abortion in the case of rape is defended from two objections: the Kill vs. Let Die Objection, and the Intend to Kill vs. Merely Foresee Death Objection. The article concludes that these defenses do not defend Thomson from further objections from Peter Singer and David Oderberg.
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  34. Sex Under Pressure: Jerks, Boorish Behavior, and Gender Hierarchy. [REVIEW]Scott A. Anderson - 2005 - Res Publica 11 (4):349-369.
    Pressuring someone into having sex would seem to differ in significant ways from pressuring someone into investing in one’s business or buying an expensive bauble. In affirming this claim, I take issue with a recent essay by Sarah Conly (‘Seduction, Rape, and Coercion’, Ethics, October 2004), who thinks that pressuring into sex can be helpfully evaluated by analogy to these other instances of using pressure. Drawing upon work by Alan Wertheimer, the leading theorist of coercion, she argues that so (...)
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  35. Sex By Deception.Berit Brogaard - forthcoming - In John M. Doris & Manuel Vargas (eds.), Oxford Handbook of Moral Psychology. Oxford: Oxford University Press.
    In this paper I will use sex by deception as a case study for highlighting some of the most tricky concepts around sexuality and moral psychology, including rape, consensual sex, sexual rights, sexual autonomy, sexual individuality, and disrespectful sex. I begin with a discussion of morally wrong sex as rooted in the breach of five sexual liberty rights that are derived from our fundamental human liberty rights: sexual self-possession, sexual autonomy, sexual individuality, sexual dignity and sexual privacy. I then (...)
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  36.  32
    Must I Get Raped If I Walk Naked?Sahana Rajan - manuscript
    This article was written in the wake of the issue concerning Jyoti's rape and the documentary "India's Daughter".
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  37. Presupposition and Consent.Jonathan Jenkins Ichikawa - 2020 - Feminist Philosophy Quarterly 6 (4):forthcoming.
    I argue that ‘consent’ language presupposes that the contemplated action is or would be at someone else’s behest. When one does something for another reason — for example, when one elects independently to do something, or when one accepts an invitation to do something — it is linguistically inappropriate to describe the actor as ‘consenting’ to it; but it is also inappropriate to describe them as ‘not consenting’ to it. A consequence of this idea is that ‘consent’ is poorly suited (...)
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  38. The Law and Ethics of Virtual Sexual Assault.John Danaher - forthcoming - In Enter Author Name Without Selecting A. Profile: Woodrow Barfield & Enter Author Name Without Selecting A. Profile: Marc Blitz (eds.), The Law of Virtual and Augmented Reality. Cheltenham, UK: Edward Elgar Press.
    This chapter provides a general overview and introduction to the law and ethics of virtual sexual assault. It offers a definition of the phenomenon and argues that there are six interesting types. It then asks and answers three questions: (i) should we criminalise virtual sexual assault? (ii) can you be held responsible for virtual sexual assault? and (iii) are there issues with 'consent' to virtual sexual activity that might make it difficult to prosecute or punish virtual sexual assault?
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  39. Abortion and the Right to Not Be Pregnant.James Mahon - 2016 - In Allyn Fives & Keith Breen (eds.), Philosophy and Political Engagement: Reflection in the Public Sphere. New York, NY: Palgrave Macmillan. pp. 57-77.
    In this paper I defend Judith Jarvis Thomson's 'Good Samaritan Argument' (otherwise known as the 'feminist argument') for the permissibility of abortion, first advanced in her important, ground-breaking article 'A Defense of Abortion' (1971), against objections from Joseph Mahon (1979, 1984). I also highlight two problems with Thomson's argument as presented, and offer remedies for both of these problems. The article begins with a short history of the importance of the article to the development of practical ethics. Not alone did (...)
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  40. Contextual Injustice.Jonathan Jenkins Ichikawa - 2020 - Kennedy Institute of Ethics Journal 30 (1):1–30.
    Contextualist treatments of clashes of intuitions can allow that two claims, apparently in conflict, can both be true. But making true utterances is far from the only thing that matters — there are often substantive normative questions about what contextual parameters are appropriate to a given conversational situation. This paper foregrounds the importance of the social power to set contextual standards, and how it relates to injustice and oppression, introducing a phenomenon I call "contextual injustice," which has to do with (...)
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  41. In Defense of Bacon.Alan Soble - 1995 - Philosophy of the Social Sciences 25 (2):192-215.
    Feminist science critics, in particular Sandra Harding, Carolyn Merchant, and Evelyn Fox Keller, claim that misogynous sexual metaphors played an important role in the rise of modern science. The writings of Francis Bacon have been singled out as an especially egregious instance of the use of misogynous metaphors in scientific philosophy. This paper offers a defense of Bacon.
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  42. Flaming Misogyny or Blindly Zealous Enforcement? The Bizarre Case of R V George.Lucinda Vandervort - 2019 - Manitoba Law Journal 42 (3):1-38.
    This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...)
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  43. Ontology and Social Construction.Sally Haslanger - 1995 - Philosophical Topics 23 (2):95-125.
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  44. Loose Women, Lecherous Men: A Feminist Philosophy of Sex. [REVIEW]Alan Soble - 1999 - Teaching Philosophy 22 (4):411-416.
    A review of Loose Women, Lecherous Men, by Linda LeMoncheck.
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  45. Antioch's “Sexual Offense Policy”: A Philosophical Exploration.Alan Soble - 1997 - Journal of Social Philosophy 28 (1):22-36.
    An analytic investigation of Antioch's "Sexual Offense Policy.".
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  46.  96
    Resisting Sexual Violence: What Empathy Offers.Sarah Clark Miller - 2019 - In Wanda Teays (ed.), Analyzing Violence Against Women. New York: Springer. pp. 63-77.
    The primary aim of this essay is to investigate modalities of resistance to sexual violence. It begins from the observation that the nature of what we understand ourselves to be resisting—that is, how we define the scope, content, and causes of sexual violence—will have profound implications for how we are able to resist. I critically engage one model of resistance to sexual violence: feminist philosophical scholarship on self-defense, highlighting several shortcomings in how the feminist self-defense discourse inadvertently frames sexual violence. (...)
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  47. Der Begriff der Entmenschlichung und seine Rolle in der feministischen Philosophie.Mari Mikkola - 2012 - In H. Landweer, C. Newmark, C. Kley & S. Miller (eds.), Philosophie und die Potenziale der Gender Studies. Transcript.
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  48. Philosophy of Sexuality.Alan Soble - 2009 - Internet Encyclopedia of Philosophy.
    This encyclopedia article on the philosophy of sexuality discusses the main themes, concepts, and debates in the field, including the metaphysics (or philosophical anthropology) of sex, the morality of sexual behavior, pragmatic and utilitarian evaluations of sexuality, and sexual perversion.
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  49. Bad Apples: Feminist Politics and Feminist Scholarship.Alan Soble - 1999 - Philosophy of the Social Sciences 29 (3):354-388.
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  50. A Cool Hand on My Feverish Forehead: An Even Better Samaritan and the Ethics of Abortion.Evangelos Protopapadakis - 2012 - Philosophy Study 2 (2):115-123.
    The debate concerning abortion abounds in miraculous narratives. Judith Jarvis Thomson has contrived the most celebrated set among related ones, to wit the “violinist analogy,” the “Good Samaritan” narrative, and the “Henry Fonda” allegory, by virtue of which, she intends, on the one hand, to argue that women’s right to autonomy outweighs the alleged fetus’s right to life, and on the other, to prove that no positive moral duties can be derived towards other persons alone from the fact that a (...)
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