In this chapter, I argue that we can make sense of moral norms against consensual, adult incest by appealing to the value of familial relationships and the potential for sex to damage them. Viewing sex as unconscionable between family members helps to enable the loving intimacy normally associated with family relationships. Therefore, there is good reason for incest, even when consensual and between adults, to remain taboo. That being said, I argue that there is insufficient legal (...) justification for all consensual, adult incest to be criminalised. I examine four potential arguments in favor of consensual, adult incest being illegal, and conclude that none of them succeeds in justifying a total legal prohibition against it. (shrink)

One of the standard examples in contemporary moral psychology originates in the works of social psychologist Jonathan Haidt. He treats people's responses to the story of Julie and Mark, two siblings who decide to have casual, consensual, protected sex, as facts of human morality, providing evidence for his social intuitionist approach to moral judgements. We argue that Haidt's description of the facts of the story and the reactions of the respondents as ‘morally dumbfounded’ presupposes a view about moral reasoning (...) that is more substantial than he acknowledges. Drawing on the philosophical work by Iris Murdoch and Cora Diamond, we explore how different descriptions of human morality, sexuality, and family relations engage us in evaluations about distinctive features of human life and language that go deeper than Haidt envisages. Thus, we show the need to attend to the concepts used to describe the facts of human moral psychology and the pictures of morality these concepts reveal about the researcher's own understanding of moral experience. This points to the particular responsibility any researcher into human moral psychology has for ensuring that the descriptions they offer are attuned to the complexities of the lives of those they form theories about and that these do not appear conceptually confounding. (shrink)

The Westermarck Effect posits that intimate association during childhood promotes human incest avoidance. In previous work, I articulated and defended a version of the Westermarck Effect by developing a phylogenetic argument that has purchase within primatology but that has had more limited appeal for cultural anthropologists due to their commitment to conventionalist or culture-first accounts of incest avoidance. Here I look to advance the discussion of incest and incest avoidance beyond culture-first accounts in two ways. First, (...) I shall dig deeper into the disciplinary grooves within cultural anthropology that make attractive the view that incest has a naturalness to it that is countered only or primarily by explicit social rules, such as taboos. Second, I further explore the emerging, post-conventionalist view of incest avoidance in a more positive vein by elaborating on the nature of the Westermarckian mechanism and how it relates to such explicit social rules and our innate biological endowments. One general aim here is to overcome the bifurcation between perspectives that are seen as biological and those seen as cultural, preempting or countering the claim that rejecting culture-first accounts entails a form of biological reductionism, a general aim I have pursued in related publications on bioessentialism about kinship. (shrink)

This article defends a version of the Westermarck Effect, integrating existing clinical, biological, and philosophical dimensions to incest avoidance. By focusing on care-based attachment in primates, my formulation of the effect suggests the power of a phylogenetic argument widely accepted by primatologists but not by cultural anthropologists. Identifying postadoption incest as a phenomenon with underexplored evidential value, the article sketches an explanatory strategy for reconciling the effect with the clinical reality of incest, concluding with an explicit argument (...) against culture-first or conventionalist accounts of incest avoidance prevalent in anthropology. (shrink)

In 1936, the writer Anaïs Nin wrote House of Incest, a book of prose on the themes of transgression and the taboo of incest, loosely based on a relationship with her father. In writing about these themes, did Nin want to emancipate herself from her father, with whom she allegedly had a sexual affair? Or was it an orchestrated strategy: a deliberate act of destruction and transgression to break down the male-centric world of sexuality, thus taking control of (...) female sexuality? What were Nin's philosophical, artistic, and intellectual underpinnings in writing this book? When Nin wrote House of Incest, she was in the throes of a sexual and artistic awakening that both emerged simultaneously. As a result, both awakenings overlapped and nourished the other's development. As a writer, Nin's influences at the time were Henry and June Miller, Proust, and many others, but the most significant influence was Otto Rank. Rank encouraged her as an artist and supported the expression of transgressive fantasies of her father in her art. This thesis argues that however one interprets the relationship with her father, it does not take away the fact that he had a profound and fertile effect on her writing. Nin's relationship with her father was the catalyst – the ultimate transgression – that enabled her as an artist and sexual woman to break away from the limitations of sexuality and discover a subjective, psychic experience of female sexuality, eroticized through her art in the prose of House of Incest. -/- Keywords: Incest, taboo, transgression, female sexuality. (shrink)

This article argues that non-consensual vaccination is morally impermissible, for the same reasons for which sexual assault is not permissible. Likewise, mandatory vaccination is morally akin to sexual harassment, and therefore is not to be allowed.

What makes discrimination morally bad? In this paper, we discuss the putative badness of a case of consensual discrimination to show that prominent accounts of the badness of discrimination—appealing, inter alia, to harm, disrespect and inequality—fail to provide a satisfactory answer to this question. In view of this, we present a more promising account.

The fifth text-revised iteration of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5-TR) defines paraphilia as “any intense and persistent sexual interest other than sexual interest in genital stimulation or preparatory fondling with phenotypically normal, physically mature, consenting human partners”. Paraphilic disorders specifically denote a paraphilia that is “currently causing distress or impairment to the individual or a paraphilia whose satisfaction has entailed personal harm, or risk of harm, to others”. A diagnosis of paraphilic disorder either demands the personal (...) distress and/or impairment of function that is caused by the atypical sexual urges and fantasies to be present, or the status of non-consent of the other person that these sexual fantasies and urges are directed towards when acted upon by the patient. This paper discusses how consent not only becomes the standard for permissible and legal sexual activity with other persons, but also, when the diagnostic criteria are taken at face-value, for sexual pathology in the DSM-5-TR when the patient acts on their sexual urges. After a close investigation of various possible interpretations of the element of non-consensuality in the diagnostic criteria for paraphilic disorders, this paper concludes that the DSM-5-TR does not offer a clarifying explanation on how mental health professionals should under-stand its approach to diagnosing paraphilic disorders, leaving us with an ambiguous, unclear and unsettled conceptualisation of what it would mean to fulfil its diagnostic criteria. (shrink)

A central tenet of medical ethics holds that it is permissible to perform a medical intervention on a competent individual only if that individual has given informed consent to the intervention. However, in some circumstances it is tempting to say that the moral reason to obtain informed consent prior to administering a medical intervention is outweighed. For example, if an individual’s refusal to undergo a medical intervention would lead to the transmission of a dangerous infectious disease to other members of (...) the community, one might claim that it would be morally permissible to administer the intervention even in the absence of consent. Indeed, as we shall discuss below, there are a number of examples of public health authorities implementing compulsory or coercive measures for the purposes of infectious disease control (IDC). The plausibility of the thought that non-consensual medical interventions might be justified when performed for the purpose of IDC raises the question of whether such interventions might permissibly be used to realize other public goods. In this article we focus on one possibility: whether it could be permissible to non-consensually impose certain interventions that alter brain states or processes through chemical or physical means on serious criminal offenders. We shall suggest that some such interventions might be permissible if they safely and effectively serve to facilitate the offender’s rehabilitation and thereby prevent criminal recidivism. (shrink)

The Oxford English Dictionary explains that the word “consent” originally derives from the “Latin consentīre to feel together, agree, accord harmonize”, further broken down into “con- together + sentīre to feel, think, judge, etc.” Thus, consent is originally a matter of mutual activity and receptivity, specifically a co-creating co-creation based on shared, ongoing feeling. What this seems to imply – and this is certainly always been true in my experiences with social Latin dance – is that consent is not a (...) static thing, not an object or product that has been definitively produced and recorded. Instead, consent is an ongoing process, a reciprocating experiencing that is crucially both beyond one individual dancer, and also simultaneously active and receptive. Altogether, then, consent in social Latin dance emerges as a process of doing and undergoing together. Thus, if the connection of dancing consent is broken, for example if one partner shifts from the acting/receiving balance to a state of exclusive acting (with no receiving), then consent is no longer transpiring, which greatly increases the risk of unwanted touch beginning and continuing. Put simply, wanted touch is consensual touch, and consensual touch is touch that is supported by an ongoing activity and receptivity of consent. Wanted touch in dance is thus analogous to a “closed” electrical circuit. (In fact, at the cellular level of a dancer’s body this truth is literal rather than merely analogous, given the neurochemical dimension of the body’s activities). A closed circuit, in this technical sense, refers to a circuit in which there is no break in the path (for example between a device and an outlet), an unbrokenness that sustains a live current in the circuit. By contrast, unwanted touch in social Latin dance is like an open circuit, involving a break in the path between the partners, which entails the absence of the necessary current of consent. (shrink)

According to Westermarck’s widely accepted explanation of the incest taboo, cultural prohibitions on sibling sex are rooted in an evolved biological disposition to feel sexual aversion toward our childhood coresidents. Bernard Williams posed the “representation problem” for Westermarck’s theory: the content of the hypothesized instinct is different from the content of the incest taboo —thus the former cannot be causally responsible for the latter. Arthur Wolf posed the related “moralization problem”: the instinct concerns personal behavior whereas the prohibition (...) concerns everyone. This paper reviews possible ways of defending Westermarck’s theory from the representation and moralization problems, and concludes that the theory is untenable. A recent study purports to support Westermarck’s account by showing that unrelated children raised in the same peer groups on kibbutzim feel sexual aversion toward each other and morally oppose third-party intra-peer-group sex, but this study has been misinterpreted. I argue that the representation and moralization problems are general problems that could potentially undermine many popular evolutionary explanations of social/moral norms. The cultural evolution of morality is not tightly constrained by our biological endowment in the way some philosophers and evolutionary psychologists believe. (shrink)

This paper argues that Kwasi Wiredu’s consensual democracy is an inadequate alternative to liberal democracy in contemporary Africa because it neglects the beliefs in supernatural realities underpinning governance and political decisions in traditional societies on the continent. The paper holds that as evident in their worldviews and activities, traditional Africans do not depersonalise entities or segregate physical realities from spiritual ones. Deploying historical and conceptual analyses, the paper contends that, essentially, the deficiency of Wiredu’s argument lies in his declining (...) to acknowledge the roles oaths and covenants play in the sustenance of Africa’s traditional governance systems. The paper thus holds that Wiredu’s discountenancing of the role of beliefs in supernatural realities in African societies generally may have resulted in this gap in his understanding of indigenous African political thought and practice. (shrink)

Aunque la obra de Carlos Nino es caracterizada principalmente por sus aportes a la teoría constitucional y a la teoría de democracia, sus contribuciones a la filosofía penal no pasan inadver­tidas. De esto dan cuenta varios trabajos de su autoría sobre responsabilidad penal, sobre legitima defensa (Nino, 1982), sobre la dogmática penal (Nino, 1974), entre otros. En su tesis doctoral, supervisada por J. M. . Finnis y A. M. Honore, Nino propone las bases para un enfoque alternativo tanto a la (...) teoría del delito continental europea, la que identifica como un enfoque conceptual, como al enfoque intuicionista presente en la teoría de la responsabilidad penal en el derecho ingles (Nino, 1980b). Las bases de la teoríaa propuesta por Nino se apoyan en el valor de la autonomíaa y están constituidas por su teoría consensual del castigo y la defensa del principio de enantioledidad comocondición de la responsabilidad penal. (shrink)

Aunque la obra de Carlos Nino es caracterizada principalmente por sus aportes a la teoría constitucional y a la teoría de democracia, sus contribuciones a la filosofía penal no pasan inadver­tidas. De esto dan cuenta varios trabajos de su autoría sobre responsabilidad penal, sobre legitima defensa (Nino, 1982), sobre la dogmática penal (Nino, 1974), entre otros. En su tesis doctoral, supervisada por J. M. . Finnis y A. M. Honore, Nino propone las bases para un enfoque alternativo tanto a la (...) teoría del delito continental europea, la que identifica como un enfoque conceptual, como al enfoque intuicionista presente en la teoría de la responsabilidad penal en el derecho ingles (Nino, 1980b). Las bases de la teoríaa propuesta por Nino se apoyan en el valor de la autonomíaa y están constituidas por su teoría consensual del castigo y la defensa del principio de enantioledidad comocondición de la responsabilidad penal. (shrink)

This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is a collective (...) societal responsibility, the individual cannot be justly rewarded or punished for his or her choices with respect to life, well-being and essential commodities insofar as these choices are justified or excused by standards of substantive justice. Societal conditions and institutional arrangements should be recognized as grounds for justification and excuse because they may impose limits and constraints on the choices available to an individual that are as unavoidable and compelling as those imposed by chance or by another human being. (shrink)

An early work in literary interpretation and analysis.

In many or most instances of paternalism, more than one person acts paternalistically, or more than one person is treated paternalistically. This chapter discusses some complications that arise in such group cases, which are largely ignored in the conceptual debate. First, a group of people who together perform an action may do so for different reasons, which makes it more challenging to determine whether the action is paternalistic. This gives us some reason not to pin the property of being paternalistic (...) on actions, since we may alternatively pin it on reasons for actions and allow that these differ between members in the group. Second, the prevention of harmful consensual interactions is sometimes paternalism towards both or all involved, but only if all benefit from interference with themselves rather than with other members in the group, or if all want the harm or risk (more or less) for its own sake. Third, interrelations between three components of paternalism - interference, benevolence and consent - gives us reason to allow that an action can be paternalistic towards some but not others of those affected. This makes it even more difficult, and less relevant, to determine whether or not actions are paternalistic. (shrink)

It is widely accepted that consent is a normative power. For instance, consent can make an impermissible act permissible. In the words of Heidi Hurd, it “turns a trespass into a dinner party... an invasion of privacy into an intimate moment.” In this chapter, I argue against the assumption that consent has such robust powers for moral transformation. In particular, I argue that there is a wide range of sex that harms or wrongs victims despite being consensual. Moreover, these (...) cases are not limited to those where con- sent is vitiated by background conditions. I start by calling this category of consensual sex Bad Sex. I then distinguish subspecies of this category, including psychological pressure, social coercion, and epistemically unsafe sex. I end by responding to an objection on which we should treat at least some subspecies of Bad Sex as rape. Though this alternative proposal is often motivated by ameliorative and strategic considerations, I argue that such considerations actually count against collapsing the categories of Bad Sex and rape. (shrink)

This paper reviews current debates in social epistemology about the relations ‎between ‎knowledge ‎and consensus. These relations are philosophically interesting on their ‎own, but ‎also have ‎practical consequences, as consensus takes an increasingly significant ‎role in ‎informing public ‎decision making. The paper addresses the following questions. ‎When is a ‎consensus attributable to an epistemic community? Under what conditions may ‎we ‎legitimately infer that a consensual view is knowledge-based or otherwise ‎epistemically ‎justified? Should consensus be the aim of scientific inquiry, (...) and if so, what ‎kind of ‎consensus? How should dissent be handled? It is argued that a legitimate inference ‎that a ‎theory is correct from the fact that there is a scientific consensus on it requires taking ‎into ‎consideration both cognitive properties of the theory as well as social properties of ‎the ‎consensus. The last section of the paper reviews computational models of ‎consensus ‎formation.‎. (shrink)

Miller analyzes the relationship between consent and autonomy by offering three pictures. For autonomy, Miller distinguishes between procedural, substantive, and weak substantive autonomy. The corresponding views of consent are what Miller has termed as consensual minimalism, consensual idealism, and consensual realism. The requirements of sexual consent under consensual minimalism are a voluntary informed agreement. However, feminist critiques reveal the inadequacies of this simple position. Consensual idealism, which corresponds with substantive autonomy, offers a robust picture where (...) consent and autonomy must be based on non-oppression. However, this view is considered too ideal and it ignores context. Weak substantive autonomy takes into account the context in the sexual domain. Correspondingly, consensual realism takes into account the context and still fulfills the requirements of consent. (shrink)

It is often assumed that if the fetus is a person, then abortion should be illegal. Thomson1 laid the groundwork to challenge this assumption, and Boonin2 has recently argued that it is false: he argues that abortion should be legal even if the fetus is a person. In this article, I explain both Thomson’s and Boonin’s reason for thinking that abortion should be legal even if the fetus is a person. After this, I show that Thomson’s and Boonin’s argument for (...) legalised abortion fail; they have not given us good reason for thinking abortion should be legal.1 Finally, I argue that—if we play Boonin’s game—abortion should be illegal. When discussing the ethics and politics of abortion, whether the fetus is a person is usually central.3 4.2 However, Thomson1 long ago challenged this view. She argued that abortion is permissible even if the fetus is a person. To do so, she asks us to consider a case in which you are non-consensually taken to a hospital and hooked up to a famous violinist. The violinist, if he is to survive, needs to filter his blood through your body. After 9 months, he will be fine and you can unplug yourself and go on your way. If you unplug yourself prior to this, however, he will die. Is it permissible to unplug yourself? Thomson thinks the answer is ‘yes’. And this, she thinks, shows that abortion is permissible even if the fetus is a person. While the majority of her article focuses on the ethics of abortion, it is clear that she also aims to show that abortion should be legal if the fetus is a person; she would no doubt reject the view that the state is right to coerce you into …. (shrink)

The term “deep history” refers to historical accounts framed temporally not by the advent of a written record but by evolutionary events (Smail 2008; Shryock and Smail 2011). The presumption of deep history is that the events of today have a history that traces back beyond written history to events in the evolutionary past. For human kinship, though, even forming a history of kinship, let alone a deep history, remains problematic, given limited, relevant data (Trautman et al. 2011). With regard (...) to a deep history, one conjecture is that human kinship evolved from primate social systems in a gradual, more-or-less continuous manner (see Chapais 2008); another conjecture is that kinship, in accordance with the incest account of Claude Lévi-Strauss (1969) or the fanciful, tetradic account of Nicholas J. Allen (1986), “comes into existence with a leap” (Trautman et al. 2011: 176); and yet another, the account to be developed in this paper, is that kinship, as it is understood and lived by culture bearers today, is the consequence of a profound and qualitative evolutionary transformation going from an ancestral primate-like social system predicated on extensive face-to-face interaction to the relation-based social systems that characterize human societies (Read 2012). (shrink)

Philosophy and Phenomenological Research, EarlyView. Despite the acknowledgement of the moral significance of consent there is still much work to be done in determining which specific sexual encounters count as unproblematically consensual. This paper focuses on the impact of deception. It takes up the specific case of deception about one's self. It may seem obvious that one ought not to lie to a sexual partner about who one is, but determining which features of oneself are most relevant, as well (...) as the lies which it follows would be impermissible to tell, is complicated. It is argued here that deception about one's morally valenced character traits, those we think of as virtues and vices, are particularly problematic. This is true regardless of whether knowing the truth about those traits would have made a difference to one's partner's consent. Attention is then drawn to a range of types of lies that one ought not to tell. (shrink)

Joshua Greene argues that cognitive (neuro)science matters for ethics in two ways, the “direct route” and the “indirect route.” Greene illustrates the direct route with a debunking explanation of the inclination to condemn all incest. The indirect route is an updated version of Greene’s argument that dual-process moral psychology gives support for consequentialism over deontology. I consider each of Greene’s arguments, and I argue that neither succeeds. If there is a route from cognitive (neuro)science to ethics, Greene has not (...) found it. (shrink)

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

Abortion bans have been characterized as cruel especially in not allowing exceptions for rape or incest. The article first examines one approach to morally justifying bans based on the Doctrine of Double Effect (DDE) which distinguishes morally between killing or letting die intending death versus doing so only foreseeing death. It then presents some criticisms of the implications of the DDE but also argues that what the doctrine permits helps provide a ground for the permissibility of abortions even if (...) the fetus is a person. Whether there are limits on applying this argument is also considered. In conclusion, the article considers whether and why not permitting exceptions to bans for rape and incest is cruel and whether cruelty is a ground for opposition to bans. (shrink)

Although Robert Nozick has argued that libertarianism is compatible with the justice of a minimal state—even if does not arise from mutual consent—few have been persuaded. I will outline a different way of establishing that a non-consensual libertarian state can be just. I will show that a state can—with a few important qualifications—justly enforce the rights of citizens, extract payments to cover the costs of such enforcement, redistribute resources to the poor, and invest in infrastructure to overcome market failures. (...) Footnotesa For very helpful comments, I am indebted to Dani Attas, Ellen Frankel Paul, Robert Johnson, Brian Kierland, Mike Otsuka, Eric Roark, and the other contributors to this volume. (shrink)

The current debate on closed-loop brain devices (CBDs) focuses on their use in a medical context; possible criminal justice applications have not received scholarly attention. Unlike in medicine, in criminal justice, CBDs might be offered on behalf of the State and for the purpose of protecting security, rather than realising healthcare aims. It would be possible to deploy CBDs in the rehabilitation of convicted offenders, similarly to the much-debated possibility of employing other brain interventions in this context. Although such use (...) of CBDs could in principle be consensual, there are significant differences between the choice faced by a criminal offender offered a CBD in the context of criminal justice, and that faced by a patient offered a CBD in an ordinary healthcare context. Employment of CBDs in criminal justice thus raises ethical and legal intricacies not raised by healthcare applications. This paper examines some of these issues under three heads: autonomy, human rights, and accountability. (shrink)

Carnap's conception of linguistic frameworks is widespread; however, it is not entirely clear nor consensual to pinpoint what is the influence of his stance within the traditional realist/anti-realist debate. In this paper, we place Carnap as a proponent of a scientific realist stance, by presenting what he called “linguistic realism”. Some possible criticisms are considered, and a case study is offered with wave function realism, a popular position in the philosophy of quantum mechanics.

Why and how do norms emerge? Which norms emerge and why these ones in particular? Such questions belong to the ‘problem of the emergence of norms’, which consists of an inquiry into the production of norms in social collectives. I address this question through the ethnographic study of the emergence of ‘norms against violence’ in the political collective Occupy Geneva. I do this, first, empirically, with the analysis of my field observations; and, second, theoretically, by discussing my findings. In consequence (...) of two episodes categorized as sexual assaults that occurred in their camp, the members of Occupy Geneva decided to tackle those issues in a general assembly. Their goal was to amend their first charter of good conduct in order to reform its norms and complete it with norms aiming to regulate ‘facts’ of ‘unjustified violence’. During a collective deliberation, new norms were devised, debated and consensually adopted. The writing of the new charter took place in a second general assembly during which the wording of the written norms was collectively decided. I show that indignation over the sexual assaults was the main motive that led to the collective deliberation, and that the entire process of the making of these norms was characterized by different collective emotions. Indeed, indignation, contempt and fear played major roles in the emergence of norms prohibiting violence, allowing punishment and exclusion of wrongdoers, and prescribing collective intervention against an aggressor to neutralize the threat represented. These findings prompt me to hypothesize that social norms emerge from emotions thanks to the latters’ internal structure; and that emotions provide causal and grounding explanations for this emergence. Thus, emotions allow us to answer the questions: ‘Why do norms emerge?’ and ‘Why do they have their specific forms?’ In short, I argue that social norms have emotional foundations. (shrink)

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)

The two purposes of this essay. The general philosophical problem with most versions of social libertarianism and how this essay will proceed. The specific problem with liberty explained by a thought-experiment. The positive and abstract theory of interpersonal liberty-in-itself as ‘the absence of interpersonal initiated constraints on want-satisfaction’, for short ‘no initiated impositions’. The individualistic liberty-maximisation theory solves the problems of clashes, defences, and rectifications without entailing interpersonal utility comparisons or libertarian consequentialism. The practical implications of instantiating liberty: three rules (...) of liberty-in-practice, 1) initial ultimate control of one’s body, 2) initial ultimate control of one’s used resources, 3) consensual interpersonal interactions and resource transfers. These rules are economically efficient and maximise general want-satisfaction. Private property and legal remedies are additional practical institutional aspects, but to which ‘initiated impositions’ then apply prima facie. Libertarian law is often mistaken for complete libertarianism. Moral explanations are a separate issue. The three main moral theories imply libertarianism, but it can be morally posited independently of them. Critical rationalism and its application. No empirical or argumentative support for theories. An important ambiguity with ‘justification’. How the epistemology applies to the theory of liberty and its application but remains separable in principle. Conclusion: there are further published explanations but this should be enough to generate useful criticism. Appendix replying to some typical comments. (shrink)

In 1993 the Law Lords upheld the original conviction of five men under the 1861 Offences Against the Person Act for participating in sado-masochistic practices. Although the five men were fully consenting adults, the Law Lords held that consent did not constitute a defence to acts of violence within a sado-masochistic context. This paper examines the judgements in this case and argues that sado-masochistic practices are no different from the known exceptions cited by the court to the idea that consent (...) is no defence to violence (sport, parental chastisement and surgery). It also argues that if we can make sense of rape as a non-consensual, violent act, expressed through sex, then we can make sense of sado-masochism as a consensual sexual act, expressed through violence. (shrink)

What is it to be a woman? What is it to be a man? We start by laying out desiderata for an analysis of 'woman' and 'man': descriptively, it should link these gender categories to sex biology without reducing them to sex biology, and politically, it should help us explain and combat traditional sexism while also allowing us to make sense of the activist view that gendering should be consensual. Using a Putnam-style 'Twin Earth' example, we argue that none (...) of the existing analyses in the feminist literature succeeds in meeting all of our desiderata. Finally, we propose a positive account that we believe can satisfy all the desiderata outlined. According to our theory, the genders 'woman' and 'man' are individuated not by their contemporary connections to sex biology, but by their historical continuity with classes that were originally closely connected to sex biology. (shrink)

It is sometimes argued that the non-therapeutic, non-consensual alteration of children‘s genitals should be discussed in two separate ethical discourses: one for girls (in which such alterations should be termed 'female genital mutilation' or FGM), and one for boys (in which such alterations should be termed 'male circumcision‘). In this article, I call into question the moral and empirical basis for such a distinction, and argue that all children - whether female, male, or indeed intersex - should be free (...) from having parts of their genitals removed unless there is a pressing medical indication. (shrink)

At the end of the 19th century, most professional historians – wherever they existed – deemed history to be a form of knowledge ruled by a method that bears no resemblance with those most commonly traceable in the natural sciences. The bulk of the historian’s task was then frequently regarded as being the application of procedures frequently referred to as ‘historical method’. In the context of such an emerging interest on historical methods and methodology, at least three textbooks stand out: (...) Johann Gustav Droysen’s Grundriss der Historik (Outline of the Theory of History), Ernst Bernheim’s Lehrbuch der historischen Methode (Handbook of Historical Method), and Charles Langlois and Charles Seignobos’s Introduction aux études historiques (Introduction to the Study of History). These books were quite influential in Germany, France, and elsewhere, and they very much helped promote a general idea of historical method that would become relatively consensual among historians of many nationalities by the early 20th century. Such a relative agreement on historical method sponsored both the communication and the development of a sense of disciplinary identity among historians trained within different and sometimes conflicting national traditions. It was then partially extended, partially challenged, and surely made more complex when, from the 1920s on, social and economic historians became a good part of the historiographical establishment in many countries. -/- The three books by Droysen, Bernheim, and Langlois and Seignobos were already pieced together by Rolf Torstendahl, who studied them as a group of texts that, despite their differences, contributed to shape the developments outlined above. However, Torstendahl’s primary aim was to show how Droysen, Bernheim, and Seignobos all resorted to ‘method’ as a way to circumvent skepticism against the possibility of historical knowledge, rather than investigate the internal interrelationships between the three texts. In this chapter I follow precisely this latter, not yet taken, road, focusing on crucial cross-references between the Grundriss, the Lehrbuch, and the Introduction. I intend to show that, at a general level, the schemes of historical method found in these texts are largely convergent, and that this convergence is due to Bernheim’s reading of Droysen and to Langlois and Seignobos’s reading of Bernheim. I will attempt to do it through a regressive approach that starts with an analysis of the Introduction. Aspects of the editorial history and circulation of the three texts will also be briefly addressed, as a way to illustrate their special importance within the framework of early 20th century historical theory. Because my argument calls for a focus on the most general lines of Droysen’s, Bernheim’s, and Langlois and Seignobos’s schemes of historical method, I will, for the sake of consistency, refrain from analysing in-depth the complex epistemological and ontological arguments in which those schemes are nested. (shrink)

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

So far, color-naming studies have relied on a rather limited set of color stimuli. Most importantly, stimuli have been largely limited to highly saturated colors. Because of this, little is known about how people categorize less saturated colors and, more generally, about the structure of color categories as they extend across all dimensions of color space. This article presents the results from a large Internet-based color-naming study that involved color stimuli ranging across all available chroma levels in Munsell space. These (...) results help answer such questions as how English speakers name a more complex color set, whether English speakers use so-called basic color terms (BCTs) more frequently for more saturated colors, how they use non-BCTs in comparison with BCTs, whether non-BCTs are highly consensual in less saturated parts of the solid, how deep inside color space basic color categories extend, or how they behave on the chroma dimension. (shrink)

This article presents a formal ontology which accounts for the general nature of artefacts. The objective is to help structure application ontologies in areas where specific artefacts are present - in other words, virtually any area of activity. The conceptualization relies on recent philosophical and psychological research on artefacts, having resulted in a largely consensual theoretical basis. Furthermore, this ontology of artefacts extends the foundational DOLCE ontology and supplements its axiomatization. The conceptual primitives are as follows: artificial entity, intentional (...) production of entities, (state of) capacity, capacity to play a role in actions of a given type, function and functional object. These primitives enable artefacts in general to be characterized as intentionally and successfully produced entities, and isolate an important subclass of “technical” artefacts to which a function is ascribed. Lastly, we emphasize the novelty of this ontology by comparing it with other works with similar objectives. (shrink)

A ideia de que certas categorias, propriedades, eventos, ou factos, são construídos socialmente tem sido defendida nas ciências sociais e humanidades desde meados do século xx. Nas últimas décadas, vários filósofos da tradição analítica começaram a dedicar mais atenção à possibilidade de que haja tipos de coisas construídas socialmente. A ideia complementa outra ideia relativamente consensual hoje em dia: a de que existem tipos naturais, mas que nem tudo o que existe constitui um tipo natural. São particularmente interessantes os (...) tipos de coisas que parecem naturais, mas que se argumenta serem na realidade construídos socialmente. Nesta entrada, identifico o papel que as teses construtivistas têm no progresso social e político, distingo entre várias formas de construtivismo teoricamente interessantes – causal e constitutivo, e discuto três objecções à ideia do construtivismo factual. (shrink)

this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences (...) seem to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

In this paper I argue that reference to a developmental account of agency can help explain, and in cases also alter, our current practices when it comes to the non-consensual medical treatment of children. It does this through its explanation of how stages of development impact the types of interests we have.

The first section of this paper asks why the notion of consensus has recently come to the fore in the medical humanities, and suggests that the answer is a function of growing technological and professional complexity. The next two sections examine the concept of consensus analytically, citing some of the recent philosophical literature. The fourth section looks at committee deliberations and their desirable outcomes, and questions the degree to which consensus serves those outcomes. In the fifth and last section it (...) is suggested that if I am to subscribe to a consensual outcome responsibly I must be personally committed to it, and that this requires a form of knowledge I call ‘fiduciary’, in this case knowledge of the competence and trustworthiness of other participants in deliberation whose expertise may have influenced my agreement. (shrink)

Our aim is to propose a non-referential semantics for the principle of logical charity: neither logical universalism (one logic, one way of thinking), nor logical relativism (several logics, several ways of thinking) afford an adequate conceptual framework to interpret the meaning of any speech act. But neither of them is totally wrong, either. The point is to know to which extent each of these views is partly right, thus leading to a more consensual but paradoxical-sounding "relative principle of charity". (...) After recalling the theoretical background of logical charity, we suggest a four-valued logic of acceptance and rejection (hereafter: AR4); then we explain how such a non-referential semantics does justice both to the champions of logical charity and its opponents. While endorsing coherence as a precondition for rationality, we argue that such a criterion does not entail that classical logic is a necessary conceptual scheme to interpret the others' beliefs. A better application of charity should take account of the questions implicitly asked by a statement, and we bring these questions out in replacing Quine's truth-functions by Quine’s verdict functions while emphasizing upon their varying degrees of strength. (shrink)

Philosophical work on the concept of consent in the past few decades has got to grips with it as a rich notion. We are increasingly sensitive to consent not as a momentary, atomic, transactional thing, but as a complex idea admitting of various qualities and dimensions. In this paper we note that the recognition of this complexity demands a theoretical framework quite different to those presently extant, and we suggest that the enactive approach is one which offers significant value in (...) this regard. In consonance with arguments made by Laurie Penny about how consent is a continuous and dynamic process, we outline how an enactive approach identifies consent as temporally extended (rather than momentarily transactional), and as affected by the skilfulness of the agents involved, the fitness of community provided resources to negotiate the consensual relationship over time, and the unfolding of circumstances in the situation in which the joint action is taking place. We argue that the value of an enactive perspective on consent is in highlighting these complexities, and providing resources to articulate and theorise them in ways that are not open to other current approaches. (shrink)

The paper aims to explore the relationships that exist between party structure, party system, patronage, and the appointments of the political elites. It is focused on the extent to which political parties can control the allocation of jobs as well as find out which are the institutions over whom the political parties can exercise power; the extent to which historical legacies influence patronage patterns; the extent to which party patronage is exercised in a ‘majoritarian’ as opposed to a more ‘ (...) class='Hi'>consensual’ manner across the spectrum of political parties; and the relationship that exist between the structure of the party, the appointment of political elites and patronage. The conclusion is that the party in public office and its allies in the coalition cabinet control the post of ministers and vice-ministers. While these last ones control the posts of their subordinates, it is hard to understand whether they select the employees from the party pool or from their personal networks. The other finding is that the structure of the party creates strong links between patronage and appointment, these last ones done with the scope of having control over government resources and distribution of resources. On the other hand, the research didn’t prove any link between historical legacies and patronage and party system and patronage. (shrink)

In both popular and scholarly discussions, sexual consent is gaining traction as the central moral consideration in how people should treat one another in sexual encounters. However, while the concept of consent has been indispensable to oppose many forms of sexual violence, consent-based sexual ethics struggle to account for the phenomenological complexity of sexual intimacy and the social and structural pressures that often surround sexual communication and behavior. Feminist structural critique and social research on the prevalence of violation even within (...) consensual sex suggest that consent is insufficient to ground responsibility; a more fundamental orientation toward the value of sexual agency provides a better foundation for sexual ethics. Using feminist critical theory, phenomenology, and black feminist thought, this dissertation develops a socially situated and relational notion of sexual agency and diagnoses how such agency is neglected in prevailing discussions of consent in moral philosophy and legal theory. I argue that the ethical question of responsibility to another in a sexual encounter—apart from juridical considerations—should be reframed around the value of each person’s socially situated practices of agency. Preceding and extending beyond the obligation to gain valid consent for an action, responsibility demands adapting one’s intentions and behaviors in response to the wider range of another’s communicative expressions of agency. However, communicative expressions can be ambiguous or overdetermined by social context and cultural norms; they often offer only provisional traces of agency. To address this inherent uncertainty in intimacy, I propose drawing on insights from Emmanuel Levinas about the dynamic, open-ended nature of relationality, responsibility, and communication. Responsibility toward another does not depend on securing certainty about their “yes” or “no,” but requires responding continuously under conditions of uncertainty and ambiguity, adapting behaviors and intentions to make room for another’s agency despite its opacity. (shrink)

Types are fundamental for conceptual modeling and knowledge representation, being an essential construct in all major modeling languages in these fields. Despite that, from an ontological and cognitive point of view, there has been a lack of theoretical support for precisely defining a consensual view on types. As a consequence, there has been a lack of precise methodological support for users when choosing the best way to model general terms representing types that appear in a domain, and for building (...) sound taxonomic structures involving them. For over a decade now, a community of researchers has contributed to the development of the Unified Foundational Ontology (UFO) - aimed at providing foundations for all major conceptual modeling constructs. At the core of this enterprise, there has been a theory of types specially designed to address these issues. This theory is ontologically well- founded, psychologically informed, and formally characterized. These results have led to the development of a Conceptual Modelling language dubbed OntoUML, reflecting the ontological micro-theories comprising UFO. Over the years, UFO and OntoUML have been successfully employed on conceptual model design in a variety of domains including academic, industrial, and governmental settings. These experiences exposed improvement opportunities for both the OntoUML language and its underlying theory, UFO. In this paper, we revise the theory of types in UFO in response to empirical evidence. The new version of this theory shows that many of OntoUML’s meta-types (e.g. kind, role, phase, mixin) should be considered not as restricted to substantial types but instead should be applied to model endurant types in general, including relator types, quality types, and mode types. We also contribute with a formal characterization of this fragment of the theory, which is then used to advance a new metamodel for OntoUML (termed OntoUML 2). To demonstrate that the benefits of this approach are extended beyond OntoUML, the proposed formal theory is then employed to support the definition of UFO-based lightweight Semantic Web ontologies with ontological constraint checking in OWL. Additionally, we report on empirical evidence from the literature, mainly from cognitive psychology but also from linguistics, supporting some of the key claims made by this theory. Finally, we propose a computational support for this updated metamodel. (shrink)

The family is a social group. Its characteristics are among other things; common residence, co-operation and reproduction. The family has always been considered to be the foundation or nucleus of the society; the most basic unit of its organization. The structure of the family varies according to each society. In pre-colonial era, the family as a social group among the Yorùbá, was a large unit, and extended in nature. They were bound together by the realization of having a common ancestor; (...) alájọbí. All the members of the family see one another as blood relations, as such incest was (and still is) a taboo. Apart from this, sexual relationship among the Yorùbá is heterosexual and permissible only in marriage; between husband and his wife/wives. Though extra-marital relationships are practiced, it is frowned at for men, but intolerable for women. Homosexuality is also a taboo; punishable by public disgrace, with culprits liable to excommunication from the society, especially if unrepentant. It cannot be totally ruled out that these anomalous relationships were not secretly engaged in by few non-conformists among the Yorùbá, before coming into contact with the West, the fact remains that the magnitude by which they are practiced in present times is alarming; threatening the harmony and cultural heritage of the Yorùbá. This fear is expressed in the literary genres of the Yorùbá, especially the film, which is the contemporary popular theatre of the Yorùbá of Nigeria and other tribes in Africa. This study examined sexual relationship among members of the family, in randomly selected Yorùbá films that have family-living as their major or minor themes; to know how affected is the stability of family (sexual) relationship among the Yorùbá. This is in the light of evolving modernity; with its individualistic life-style of people globally, as against the inherited communal social organization of the Yorùbá; built around the virtuous ọmọlúwàbí principle. The plausible reasons for the anomalous behaviors are also examined. Our findings are that prevailing strict traditional conditions, living in private homes as nuclear family, not being properly oriented in Yorùbá cultural values, increased exposition to Western lifestyles and its more relaxed societal expectations, and non-realization of the possibility of anomalous sexual behaviors as mental and biological issues that can be medically treated; are some of the reasons why such behaviors manifest, and are becoming prevalent. We have suggested communal encouragement with empathy, to seek medical assistance for and by the ‘diseased’ person. One finding here is that prevailing traditional conditions, ignorance, poor orientation and westernization present the anomaly mildly and make people not to see anomalous sex behavious as a mental disorder which requires medical attention. (shrink)

Recently, David Boonin has put forward several objections to Carlos S. Nino's 'Consensual Theory of Punishment'. In this paper I will defend Nino against the 'explicit denial objection'. I will discuss whether Boonin's interpretation of Nino as a tacit consent theorist is right. I will argue that the offender's consent is neither tacit nor express, but a special category of implicit consent. Further, for Nino the legal-normative consequences of an act (of crime) are 'irrevocable', i.e. one cannot (expressly and (...) successfully) deny liability to them. I will suggest an explanation for Nino's irrevocability claim. (shrink)