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)

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.

Joanna Mary Firth and Jonathan Quong argue that both an instrumental account of liability to defensive harm, according to which an aggressor can only be liable to defensive harms that are necessary to avert the threat he poses, and a purely noninstrumental account which completely jettisons the necessity condition, lead to very counterintuitive implications. To remedy this situation, they offer a “pluralist” account and base it on a distinction between “agency rights” and a “humanitarian right.” I argue, first, that this (...) distinction is spurious; second, that the conclusions they draw from this distinction do not cohere with its premises; third, that even if one granted the distinction, Firth’s and Quong’s implicit premise that you can forfeit your agency rights but not your “humanitarian right” is unwarranted; fourth, that their attempt to mitigate the counterintuitive implications of their own account in the Rape case relies on mistaken ad-hoc assumptions; fifth, that even if they were successful in somewhat mitigating said counterintuitive implications, they would still not be able to entirely avoid them; and sixth, that even in the unlikely case that none of these previous five critical points are correct, Firth and Quong still fail to establish that aggressors can be liable to unnecessary defensive harm since they fail to establish that unnecessary harm can ever be defensive in the first place. (shrink)

What words we use, and what meanings they have, is important. We shouldn't use slurs; we should use 'rape' to include spousal rape (for centuries we didn’t); we should have a word which picks out the sexual harassment suffered by people in the workplace and elsewhere (for centuries we didn’t). Sometimes we need to change the word-meaning pairs in circulation, either by getting rid of the pair completely (slurs), changing the meaning (as we did with 'rape'), or (...) adding brand new word-meaning pairs (as with 'sexual harassment'). A problem, though, is how to do this. One might worry that any attempt to change language in this way will lead to widespread miscommunication and confusion. I argue that this is indeed so, but that's a feature, not a bug of attempting to change word-meaning pairs. The miscommunications and confusion such changes cause can lead us, via a process I call transformative communicative disruption, to reflect on our language and its use, and this can be further, rather than hinder, our goal of improving language. (shrink)

This is not a perfect book, but it is unique, and if you skim the first 400 or so pages, the last 300 (of some 700) are a pretty good attempt to apply what's known about behavior to social changes in violence and manners over time. The basic topic is: how does our genetics control and limit social change? Surprisingly he fails to describe the nature of kin selection (inclusive fitness) which explains much of animal and human social life. He (...) also (like nearly everyone) lacks a clear framework for describing the logical structure of rationality (LSR—John Searle’s preferred term) which I prefer to call the Descriptive Psychology of Higher Order Thought (DPHOT). He should have said something about the many other ways of abusing and exploiting people and the planet, since these are now so much more severe as to render other forms of violence irrelevant. Extending the concept of violence to include the global long term consequences of replication of someone’s genes, and having a grasp of the nature of how evolution works (i.e., kin selection) will provide a very different perspective on history, current events, and how things are likely to go in the next few hundred years. One might start by noting that the decrease in physical violence over history has been matched (and made possible) by the constantly increasing merciless rape of the planet (i.e., by people's destruction of their own descendants future). Pinker (like most people most of the time) is often distracted by the superficialities of culture when it’s biology that matters. See my recent reviews of Wilson’s ‘The Social Conquest of Earth’ and Nowak and Highfield’s ‘SuperCooperators’ for a brief summary of the vacuity of altruism and the operation of kin selection and the uselessness and superficiality of describing behavior in cultural terms. -/- Those wishing a comprehensive up to date account of Wittgenstein, Searle and their analysis of behavior from the modern two systems view may consult my article The Logical Structure of Philosophy, Psychology, Mind and Language as Revealed in Wittgenstein and Searle (2016). Those interested in all my writings in their most recent versions may download from this site my e-book ‘Philosophy, Human Nature and the Collapse of Civilization Michael Starks (2016)- Articles and Reviews 2006-2016’ by Michael Starks First Ed. 662p (2016). -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) https://www.amazon.com/dp/B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B0711R5LGX . (shrink)

This Article argues that just as the act of forcing sex upon a rapist is itself rape, the execution of a murderer is itself murder. Part I clears the way by defeating three simple, but common, arguments that capital punishment is not murder. Part II shows that despite moral theorists' best attempts to show otherwise, executions seem to instantiate all the morally relevant properties of murder. Part III notes a lacuna in the literature on capital punishment: Even if there (...) is a good moral reason to execute murderers, the distinction between capital punishment and murder requires a plausible account of the state's right to execute citizens. We have no such account. (shrink)

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights such as (...) killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

Though this volume is a bit dated, there are few recent popular books dealing specifically with the psychology of murder and it’s a quick overview available for a few dollars, so still well worth the effort. It makes no attempt to be comprehensive and is somewhat superficial in places, with the reader expected to fill in the blanks from his many other books and the vast literature on violence. For an update see e.g., Buss, The Handbook of Evolutionary Psychology 2nd (...) ed. V1 (2016) p 265, 266, 270–282, 388–389, 545–546, 547, 566 and Buss, Evolutionary Psychology 5th ed. (2015) p 26, 96–97,223, 293-4, 300, 309–312, 410 and Shackelford and Hansen, The Evolution of Violence (2014) He has been among the top evolutionary psychologists for several decades and covers a wide range of behavior in his works, but here he concentrates almost entirely on the psychological mechanisms that cause individual people to murder and their possible evolutionary function in the EEA (Environment of Evolutionary Adaptation—i.e., the plains of Africa during the last million years or so). -/- Buss starts by noting that as with other behaviors, ‘alternative’ explanations such as psychopathology, jealousy, social environment, group pressures, drugs and alcohol etc. do not really explain, since the question still remains as to why these produce homicidal impulses, i.e., they are the proximate causes and not the ultimate evolutionary (genetic) ones. As always, it inevitably boils down to inclusive fitness (kin selection), and so to the struggle for access to mates and resources, which is the ultimate explanation for all behavior in all organisms. Sociological data (and common sense) make it clear that younger poorer males are the most likely to kill. He presents his own and others homicide data from industrialized nations, and tribal cultures, conspecific killing in animals, archeology, FBI data and his own research into normal people's homicidal fantasies. Much archeological evidence continues to accumulate of murders, including that of whole groups, or of groups minus young females, in prehistoric times. -/- After surveying Buss’s comments, I present a very brief summary of intentional psychology (the logical structure of rationality), which is covered extensively in my many other articles and books. -/- Those with a lot of time who want a detailed history of homicidal violence from an evolutionary perspective may consult Steven Pinker’s ‘The Better Angels of Our Nature Why Violence Has Declined’(2012), and my review of it easily available on the net and in two of my recent ebooks. Briefly, Pinker notes that murder has decreased steadily and dramatically by a factor of about 30 since our days as foragers. So, even though guns now make it extremely easy for anyone to kill, homicide is much less common. Pinker thinks this is due to various social mechanisms that bring out our ‘better angels’, but I think it’s due mainly to the temporary abundance of resources from the merciless rape of our planet, coupled with increased police presence, with communication and surveillance and legal systems that make it far more likely to be punished. This becomes clear every time there is even a brief and local absence of the police. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems of thought viewpoint may consult my e-book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Wittgenstein and Searle 367p (2016). Those interested in more of my writings on psychology may see Suicidal Utopian Delusions in the 21st Century--Philosophy, Human Nature and the Collapse of Civilization 392p (2017). For all my writings in their most recent versions, please consult my e-book Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 3rd Ed. 686p (2017). -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) https://www.amazon.com/dp/B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B0711R5LGX -/- . (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)

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)

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)

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)

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.

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)

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.

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 examined students’ perception of rape and sexual violence and methods of prevention in tertiary institutions in Lagos State. It was a cross-sectional study carried out among one thousand, two hundred and eleven (1,211) female undergraduates selected from two tertiary institutions in Lagos State. The sample size for the study was one hundred and twenty-one (121) representing 10% of the population. Inferential statistics was used for analysis. The results revealed that majority of the students are aware of the (...) different types of rape but did not consider forced sexual intercourse between spouses as rape. The students have a good knowledge of rape and sexual violence. The students perceive that rape can have detrimental effects on the victims’ mental, physical and reproductive health. Avoiding late nights, dressing decently, increasing the presence of security officers at strategic places on campus and the likes were identified ways of preventing rape in tertiary institutions. Among the recommendations proffered are that students should review their dressing styles to conform to the morals of the society to prevent the occurrence of rape. (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 “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)

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)

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)

Rae Langton and Caroline West argue 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, and that it is typical in this respect. I argue for four claims. (1) There are empirical reasons to doubt that women are silenced in the way that Langton and West claim they are. (2) There is no evidence that very much pornography makes the sorts (...) of presuppositions that Langton and West's explanation of silencing requires it to make. (3) Even ‘Dirty Pool’, for all its other problems, does not make such presuppositions. (4) Langton and West misread ‘Dirty Pool’ because they do not take proper account of the fact that pornography often traffics in sexual fantasy. The broader lesson is that we need to read pornography more sensitively if we are to understand its capacity to shape socio‐sexual norms (for good or for ill). (shrink)

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

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)

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)

Prolife theorists typically hold to the claim that all human beings possess equal moral status from conception and consequently possess a right to life. This, they believe, entails that abortion is impermissible in all circumstances. Critics characterize this as an extreme anti-abortion position, as it prima facie allows no exceptions, even in cases of rape. Here, I examine whether the prolife claim regarding equal moral status is compatible with a more attractive moderate stance that permits an exception in the (...) case of rape. I show that Judith Jarvis Thomson's analysis of rights can be used to modify the prolife position in this way, but that doing so involves concessions that prolife theorists are unlikely to find acceptable. (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)

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)

-/- 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 (...) of Post-structuralists and Post-modernists has made the treatment of art and literature destructively convoluted and obfuscated, and offers infinite leeway for analysis of any kind. The trite adage ''Kill the writer’’ has been grossly misused and misidentified. Having said that, this essay also does not aim to blindly ridicule Postmodernism, and It will be apparent from the tone of the essay that I myself subscribe to the incontrovertible absolutism that Postmodernism offers, but only in the sense of axiom and logic. I, however, do not value and extol the senseless plurality and verbosity of non-analytical assessment that is ubiquitously pronounced in Postmodern content. (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.

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 (...) capacitation. This paper explores whether the intuition that non-consensual sex with robots is permissible can be vindicated, whilst preserving valid consent as a general requirement for permissible sexual activity. I develop and evaluate four possible ways to argue that there is a morally significant difference between robots on the one hand, and insufficiently cognitively capacitated humans and non-human animals on the other hand, to substantiate and justify the intuition that it is permissible to have non-consensual sex with the former but not with the latter. (shrink)

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 (...) and therefore also brought many evils in the then society and this new native ideology altered the Hindu race of Aryans. (shrink)

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 (...) its place, West suggests a more phenomenological approach. The author argues that neither Dripps nor West offers convincing critiques of consent-based theories; the alternatives they offer presuppose the vitality of a consent-based approach to understanding rape; and that both Dripps and West consistently conflate more general moral and political issues with that of the nature of rape. (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)

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.

Filling a gap in knowledge in gender theory, genocidal, and Holocaust studies, this paper operationalizes the concept of phallicism as an analytic explanation of the simultaneous killing and sexual victimization of racialized men in western, capitalist, patriarchal societies. The theory of phallicism posits that racialization lays the basis for a sexualization process wherein racialized males are caricaturized as both salacious savages (who can be raped by the men or women of the dominant racial group) and bestial/wanton creatures deserving of immediate (...) death for the sake of liberal civility. Breaking with the dominant interpretive lenses in scholarly discourses around race and gender that understand racialized femininity as the basis of dehumanization, this paper will operationalize the notion of phallicism through historical and comparative analysis of the writings of political prisoner George Jackson and Primo Levi, a survivor of the Jewish Holocaust. With the theory of phallicism—the guiding theoretic of the paradigm of Black Male Studies—we can sharpen our conceptual acumen to account for the function of misandric patterns of intergroup violence and its role as the organizing principle of the negrophobia characteristic of Western, patriarchal, capitalist regimes. (shrink)

Attempting art: an essay on intention-dependenceIt is a truism among philosophers that art is intention-dependent—that is to say, art-making is an activity that depends in some way on the maker's intentions. Not much thought has been given to just what this entails, however. For instance, most philosophers of art assume that intention-dependence entails concept-dependence—i.e. possessing a concept of art is necessary for art-making, so that what prospective artists must intend is to make art. And yet, a mounting body of anthropological (...) and art-historical evidence and philosophical argument suggests that not only is such a criterion unsatisfied by most of the art-historical canon, but it also rests on a false premise: concepts of 'art' are not shared between cultures, nor even in the same culture across time. My dissertation aims to rectify this error by first exploring what our commitment to art's intention-dependence actually entails, and then showing that, properly understood, intention-dependence sets a number of important constraints on theories of art with respect to explanatory desiderata such as the success- and failure-conditions of art-attempts, the cross-cultural identification of art, and the reference of 'art' and art-kind terms. I begin by situating art's intention-dependence in the philosophical literature on intentional action, arguing that, properly conceived, intention-dependence is a weak criterion which can be satisfied either directly or indirectly. It therefore does not necessarily entail concept-dependence. I then use this distinction to motivate a new treatment of the success- and failure-conditions for art-attempts, arguing that the extant model's emphasis on compliance with 'the manner intended' is far too restrictive to capture actual artistic practices. I go on to show that Ruth Millikan's model of linguistic conventions supplies an independently plausible explanation of art's concept-independent origins in terms of the development of a system of indirectly intention-dependent conventions called an 'artworld'. I argue that this account of artworld development supplies us with the tools we need to distinguish art-kinds from other artifactual kinds. Finally, I turn my attention to methodological issues, arguing that even though 'art' is a social kind with its roots in arbitrary and historically-contingent networks of conventions, the philosophy of art is not merely an exercise in bare conceptual analysis. In fact, there is now a great deal of evidence to show that the ways we think about 'art' are inconsistent, incomplete, imperialistic, and largely unprincipled. Yet I argue that this does not mean that the artworld data have no bearing on theories of art. Instead, I argue that our best reflective understanding of our artworld practices sets the constraints on the reference of 'art' and art-kind terms. I argue that we have no privileged epistemic access to the ontology of social kinds; our only privilege lies in our ability to determine the proper subject of our inquiries. (shrink)

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

The notion of aesthetic experience attempts to account for an important part of human experience and, although it embraces an immense and multifaceted variety, the complexity and vagueness of which have been an authentic challenge to its definition (to the point that some suggest its conceptual uselessness), it is still crucial and decisive for an entire philosophical discipline: aesthetics-which is not to be confused with the philosophy of art, although it often intersects with it. This chapter considers the case of (...) the city-which is not so much an object as a multifaceted and fragmented environment where aesthetic experiences can occur-in order to attempt to elucidate (or at least to make a contribution to the elucidation of) the meaning and scope of this philosophical topic. (shrink)

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.

This paper explores Saidiya Hartman's undertheorized account of 'redress' in conversation with the extensive uptake of her work on Black fungibility, subjection, and critiques of emancipation. Although Hartman uses the term in nearly all of her writing, little work has been done to clarify how Hartman conceptualizes redress as a response to the constitution of Black lives as abstract, exchangeable, and disposable. This paper offers an account of how Hartman theorizes redress, showing how it both resists, and acts as a (...) mechanism for, the constitution of Blackness as fungible. Consequently, I argue that Hartman's readers fundamentally skew her thinking in divorcing redress from her other key concepts. (shrink)

This is the first of a two-part paper in which I would like to propose some possible hypotheses on the early origins of symbolic function, which is the most typical feature of human being, based on disavowal mechanism. Briefly recalling the main stages of the history of symbolism, it will be possible to lay out many of its theories within the framework that we wish to outline with this work, this first part of which is mainly concerned with the basic (...) psychodynamic notion of disavowal and its possible applications, above all in regard to fetishism. (shrink)

In various of my writings, both in Philosophical Studies and elsewhere, I have argued that an account of trying sentences is available that does not require quantification over alleged attempts or tryings. In particular, adverbial modification in such sentences can be dealt with, without quantification over any such particulars. In ‘Attempts’, Jonathan D. Payton (Payton, 2021) has sought to dispute my claim. In this paper, I consider his claims and reply to them. I believe that my account withstands such scrutiny.

In the present paper, these authors argue on actual reasons why Hilbert’s axiomatic program to unify gravitation theory and electromagnetism failed completely. An outline of plausible resolution of this problem is given here, based on: a) Gödel’s incompleteness theorem, b) Newton’s aether stream model. And in another paper we will present our calculation of receding Moon from Earth based on such a matter creation hypothesis. More experiments and observations are called to verify this new hypothesis, albeit it is inspired from (...) Newton’s theory himself. (shrink)

In this essay, I want to explore one of the most ironic episodes in the history of propaganda, the attempt by various federal agencies to moderate American WWII anti-Japanese propaganda films. My texts will be four films, two produced by the military, and two by Hollywood: December 7th (1943), directed by Gregg Toland and revised by John Ford; Air Force (1943), directed Howard Hawks; Know Your Enemy: Japan (1945), directed by Frank Capra; and Betrayal for the East (1945), directed by (...) William Berke. As all of these films are readily available on YouTube, I will be brief in my description of them. Instead, I will focus on how they served to intensify racial hatred of Japanese in general and Japanese-Americans in particular, and how the federal government tried to control that propaganda—but was limited by its own policies regarding Japanese-Americans. (shrink)