Results for 'criminalization of pregnancy'

968 found
Order:
  1. Gender-Based Administrative Violence as Colonial Strategy.Elena Ruíz & Nora Berenstain - 2018 - Philosophical Topics 46 (2):209-227.
    There is a growing trend across North America of women being criminalized for their pregnancy outcomes. Rather than being a series of aberrations resulting from institutional failures, we argue that this trend is part of a colonial strategy of administrative violence aimed at women of color and Native women across Turtle Island. We consider a range of medical and legal practices constituting gender-based administrative violence, and we argue that they are the result of non-accidental and systematic production of population-level (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  2. Reproductive Violence and Settler Statecraft.Elena Ruíz, Nora Berenstain & Nerli Paredes-Ruvalcaba - 2023 - In Sanaullah Khan & Elliott Schwebach (eds.), Global Histories of Trauma: Globalization, Displacement and Psychiatry. Routledge. pp. 150-173.
    Gender-based forms of administrative violence, such as reproductive violence, are the result of systems designed to enact population-level harms through the production and forcible imposition of colonial systems of gender. Settler statecraft has long relied on the strategic promotion of sexual and reproductive violence. Patterns of reproductive violence adapt and change to align with the enduring goals and evolving needs of settler colonial occupation, dispossession, and containment. The U.S. Supreme Court’s recent decision to end the constitutional right to abortion in (...)
    Download  
     
    Export citation  
     
    Bookmark  
  3.  96
    Phenomenology of Pregnancy: Moral Consequences for Abortion [Preprint].Sanne Elisa van der Marck - manuscript
    Pregnancy has a profound impact on individuals’ lives, yet the subjective experience is often absent from the discourse on reproductive rights and ethics. Although pregnancy is an epistemically transformative experience, phenomenology can help us describe common structures in the many different subjective experiences of pregnancy. Doing so shows us that the effects of pregnancy go beyond the physical symptoms; they invade the experience of the self and the world and transform identity. If someone wants to formulate (...)
    Download  
     
    Export citation  
     
    Bookmark  
  4. Termination of Pregnancy After NonInvasive Prenatal Testing (NIPT): Ethical Considerations.Tom Shakespeare & Richard Hull - 2018 - Journal of Practical Ethics 6 (2):32-54.
    This article explores the Nuffield Council on Bioethics’ recent report about non-invasive prenatal testing. Given that such testing is likely to become the norm, it is important to question whether there should be some ethical parameters regarding its use. The article engages with the viewpoints of Jeff McMahan, Julian Savulescu, Stephen Wilkinson and other commentators on prenatal ethics. The authors argue that there are a variety of moral considerations that legitimately play a significant role with regard to (prospective) parental decision-making (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  5. Defending the disease view of pregnancy: a reply to our critics.Joona Räsänen & Anna Smajdor - 2025 - Journal of Medical Ethics 51 (1):54–56.
    We recently suggested that there are both pragmatic and normative reasons to classify pregnancy as a disease. Several scholars argued against our claims. In this response, we defend the disease view of pregnancy against their criticism. We claim that the dysfunctional account of disease that some of our critics rely on has some counterintuitive results. Furthermore, we claim that our critics assume what needs to be argued that the primary function of our sexual organs is to reproduce. Since (...)
    Download  
     
    Export citation  
     
    Bookmark  
  6. Phenomenology of Pregnancy, Maternity and Parenthood in the Writings of R. Joseph Soloveitchik and Emmanuel Lévinas.Hanoch Ben-Pazi - 2016 - JUDAICA Beiträge Zum Verstehen des Judentums 72 (3):387 - 412.
    This article aims to explore the philosophical meaning of pregnancy and maternity in the writ-ings of R. Soloveitchik and Emmanuel Lévinas. They both make a phenomenological enquiry into these phenomena, by looking on the biological aspect and the emotional aspects. R. Solove-itchik suggests a spiritual interpretation concerning the meaning of pregnancy, which is both biological and spiritual. He attempts to differentiate between the natural parenthood and the spiritual parenthood. Lévinas gives us the philosophical observation through the phenomenolog-ical research (...)
    Download  
     
    Export citation  
     
    Bookmark  
  7. Toward a Philosophical Theology of Pregnancy Loss.Amber L. Griffioen - 2022 - In Mikolaj Slawkowski-Rode (ed.), The Meaning of Mourning: Perspectives on Death, Loss, and Grief. Lexington Books.
    Issues surrounding pregnancy loss are rarely addressed in Christian philosophy. Yet a modest estimate based on the empirical and medical literature places the rate of pregnancy loss between fertilization and term at somewhere between 40–60%. If miscarriage really is as common as the research gives us to believe, then it would seem a pressing topic for a Christian philosophy of the future to address. This paper attempts to begin this work by showing how thinking more closely about (...) loss understood as a grievable event can have a profound impact on the way we think about particular theoretical debates in Christian philosophy and provide opportunities for the discipline to put its skills to use in the development of helpful conceptual and hermeneutical resources for those grieving such losses. However, this will require seeking out and taking seriously the testimony of those who have undergone pregnancy loss, as well as getting clearer on how best to conceptualize pregnancy and its loss in the first place. (shrink)
    Download  
     
    Export citation  
     
    Bookmark  
  8. The normative importance of pregnancy challenges surrogacy contracts.Anca Gheaus - 2016 - Analize. Journal of Gender and Feminist Studies 6 (20):20-31.
    Birth mothers usually have a moral right to parent their newborns in virtue of a mutual attachment formed, during gestation, between the gestational mother and the fetus. The attachment is formed, in part, thanks to the burdens of pregnancy, and it serves the interest of the newborn; the gestational mother, too, has a powerful interest in the protection of this attachment. Given its justification, the right to parent one's gestated baby cannot be transferred at will to other people who (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  9. Neonatal incubator or artificial womb? Distinguishing ectogestation and ectogenesis using the metaphysics of pregnancy.Elselijn Kingma & Suki Finn - 2020 - Bioethics 34 (4):354-363.
    A 2017 Nature report was widely touted as hailing the arrival of the artificial womb. But the scientists involved claim their technology is merely an improvement in neonatal care. This raises an under-considered question: what differentiates neonatal incubation from artificial womb technology? Considering the nature of gestation—or metaphysics of pregnancy—(a) identifies more profound differences between fetuses and neonates/babies than their location (in or outside the maternal body) alone: fetuses and neonates have different physiological and physical characteristics; (b) characterizes birth (...)
    Download  
     
    Export citation  
     
    Bookmark   34 citations  
  10. “An Equivocal Couple Overwhelmed by Life”: A Phenomenological Analysis of Pregnancy.Sara Heinämaa - 2014 - philoSOPHIA: A Journal of Continental Feminism 4 (1):12-49.
    In lieu of an abstract, here is a brief excerpt of the content:“An Equivocal Couple Overwhelmed by Life”A Phenomenological Analysis of PregnancySara HeinämaaTwo conceptions of human generativity prevail in contemporary feminist philosophy. First, several contributors argue that the experience of pregnancy, when analyzed by phenomenological tools, undermines several distinctions that are central to Western philosophy, most importantly the subject-object distinction and the self-other and own-alien distinctions. This line of argument was already outlined by Iris Marion Young in her influential (...)
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  11. Evaluating Ectogenesis via the Metaphysics of Pregnancy.Suki Finn & Sasha Isaac - 2021 - In Robbie Davis-Floyd (ed.), Birthing Techno-Sapiens: Human-Technology Co-Evolution and the Future of Reproduction. Routledge: Taylor & Francis. pp. Chapter 8.
    Ectogenesis, or “artificial womb technology,” has been heralded by some, such as prominent feminist Shulamith Firestone, as a way to liberate women. In this chapter, we challenge this view by offering an alternative analysis of the technology as relying upon and perpetuating a problematic model of pregnancy which, rather than liberating women, serves to devalue them. We look to metaphysics as the abstract study of reality to elucidate how the entities in a pregnancy are related to one another. (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  12. Theism and the Criminalization of Sin.Jeremy Koons - 2018 - European Journal for Philosophy of Religion 10 (1):163-187.
    The free will theodicy places significant value on free will: free will is of such substantial value, that God’s gift of free will to humans was justified, even though this gift foreseeably results in the most monstrous of evils. I will argue that when a state criminalizes sin, it can restrict or eliminate citizens’ exercise of metaphysical free will with respect to choosing to partake in or refrain from these activities. Given the value placed on free will in the free (...)
    Download  
     
    Export citation  
     
    Bookmark  
  13. Not One, Not Two: Toward an Ontology of Pregnancy.Maja Sidzinska - 2017 - Feminist Philosophy Quarterly 3 (4):1-23.
    Basic understandings of subjectivity are derived from the principles of masculine embodiment such as temporal stability and singularity. But pregnancy challenges such understandings because it represents a sort of splitting of the body. In the pregnant situation, a subject may experience herself as both herself and an other, as well as neither herself nor an other. This is logically untenable—an impossibility. If our discourse depends on singular, fixed referents, then what paradigms of identity are available to the pregnant subject? (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  14. The Order of Life: How Phenomenologies of Pregnancy Revise and Reject Theories of the Subject.Talia Welsh - 2013 - In Sarah LaChance Adams & Caroline R. Lundquist (eds.), Coming to Life: Philosophies of Pregnancy, Childbirth, and Mothering. Fordham University Press. pp. 283-299.
    This chapter discusses how phenomenologies of pregnancy challenge traditional philosophical accounts of a subject that is seen as autonomous, rational, genderless, unified, and independent from other subjects. Pregnancy defies simple incorporation into such universal accounts since the pregnant woman and her unborn child are incapable of being subsumed into traditional theories of the subject. Phenomenological descriptions of the experience of pregnancy lead one to question if philosophy needs to reject the subject altogether as central, or rather to (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  15. Feminist ethical approach to termination of pregnancy.Berat Alp Çevlikli - 2018 - Türkiye Biyoetik Dergisi 4 (4):158-164.
    INTRODUCTION[|] Feminism was born as an ethical opposition to the women's oppression by patriarchal society in almost every aspects of life. Termination of an unwanted pregnancy is one such aspect of life where this oppression is felt most intensively both in the past and still today. The aim of this study is to analyze how the feminist theorists and their supporters percieve the issue of termination of pregnancy and with which arguments they defend or object it. [¤]METHODS[|]The texts (...)
    Download  
     
    Export citation  
     
    Bookmark  
  16. Vulnerability, Recognition, and the Ethics of Pregnancy: A Theological Response.Margaret Kamitsuka - 2024 - Hypatia.
    Vulnerability is a notion discussed in feminist philosophy as a basis for a morality that widens our sense of those whose deaths are grievable. Vulnerability and grievability also factor in reproductive ethics. This essay employs recognition theory to analyze critically how these notions are mobilized in conservative Christian anti-abortion writings and in feminist philosophy. This analysis exposes weaknesses and misrecognition in both sets of discourses. In response, I offer theological arguments for recognizing fetal value without implying a right to life (...)
    Download  
     
    Export citation  
     
    Bookmark  
  17. Thinking Critically About Abortion: Why Most Abortions Aren’t Wrong & Why All Abortions Should Be Legal.Nathan Nobis & Kristina Grob - 2019 - Atlanta, GA: Open Philosophy Press.
    This book introduces readers to the many arguments and controversies concerning abortion. While it argues for ethical and legal positions on the issues, it focuses on how to think about the issues, not just what to think about them. It is an ideal resource to improve your understanding of what people think, why they think that and whether their (and your) arguments are good or bad, and why. It's ideal for classroom use, discussion groups, organizational learning, and personal reading. -/- (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  18. The harmonization of domestic and international human rights standards on criminalization of rape.Deepa Kansra - 2021 - Rights Compass.
    In the field of human rights, expressions like justice and legal reform are closely linked to the process of harmonization of domestic and international human rights standards. Harmonization of human rights standards can be described as a process wherein international human rights are incorporated or given full effect to at the domestic level. [i] To harmonize the two set of standards i.e. domestic and international is viewed as both a commitment and obligation of states under international law. [ii] In terms (...)
    Download  
     
    Export citation  
     
    Bookmark  
  19. Intersections of International Human Rights Law and Criminal Law (Conference Report).Deepa Kansra - 2021 - Indian Law Institute Law Review 1 (Winter):377-379.
    The Human Rights Studies Programme, School of International Studies (JNU), in collaboration with the Centre for Inner Asian Studies, School of International Studies (JNU), and the Indian Law Institute (Delhi), organized a Human Rights Day Webinar on the Intersections of Human Rights and Criminal Law on December 9-10, 2021. Experts and young scholars from the field shared their insights and research on the webinar theme. The presentations were organized under four sessions, including Session I on Rights Jurisprudence and Criminal Law, (...)
    Download  
     
    Export citation  
     
    Bookmark  
  20.  61
    Abortion and Nigeria's Abortion Provisions: An Evaluation (4th edition).Etaoghene Paul Polo - 2024 - International Journal of Intercultural Values and Indigenous Ecoethics 4 (1):69-93.
    So much value is ascribed to human life. This is so because life is generally regarded as a precious gift to humanity, which should be cherished and protected, as failure to cherish and protect life will bring about the inevitable extinction of the entire human race. Abortion is one of the numerous contemporary issues that undermine the sanctity and value of human life; for it involves terminating a pregnancy by removing a fetus or embryo before it can survive independent (...)
    Download  
     
    Export citation  
     
    Bookmark  
  21. Pregnancy, Parthood and Proper Overlap: A Critique of Kingma.Alexander Geddes - 2023 - Philosophical Quarterly 73 (2):476-491.
    Elselijn Kingma argues that, in cases of mammalian placental pregnancy, the foster (roughly, the post-implantation embryo/foetus) is part of the gravida (the pregnant organism). But she does not consider the possibility of proper overlap. I show that this generates a number of serious problems for her argument and trace the oversight to a quite general issue within the literature on biological individuality. Doing so provides an opportunity to pull apart and clarify the relations between some importantly distinct questions concerning (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  22. Is pregnancy a disease? A normative approach.Anna Smajdor & Joona Räsänen - 2025 - Journal of Medical Ethics 51 (1):37-44.
    In this paper, we identify some key features of what makes something a disease, and consider whether these apply to pregnancy. We argue that there are some compelling grounds for regarding pregnancy as a disease. Like a disease, pregnancy affects the health of the pregnant person, causing a range of symptoms from discomfort to death. Like a disease, pregnancy can be treated medically. Like a disease, pregnancy is caused by a pathogen, an external organism invading (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  23. Relationship of Body Image, Self Esteem, Socio-economic Status and Peer Influence with Teenage Pregnancy in Ibadan, Oyo State, Nigeria.Habeeb Omoponle Adewuyi - 2024 - International Journal of Home Economics, Hospitality and Allied Research 3 (1):1-19.
    Abstract: Teenage pregnancy has been identified as a social issue that requires attention. Given the negative impact on teenage mothers, the people who care for them, and the children they give birth to. This study examined the pattern of relationship between body image, self-esteem, socio-economic status, peer influence, and teenage pregnancy. This study employed a correlational design, and a multistage sampling procedure was utilized. Adolescents in Ibadan constitutes the population (N = 150; 12.0% below 14 years, 58.7% 14 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  24. The Defence of Belief in Consent: Guidelines and Jury Instructions for Application of Criminal Code Section 265(4).Lucinda Vandervort - 2005 - Criminal Law Quarterly 50 (4):441-452.
    The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...)
    Download  
     
    Export citation  
     
    Bookmark  
  25.  85
    (1 other version)Preferring Punishment of Criminals Over Provisions for Victims.Roger Wertheimer - 1991 - In Diane Sank & David I. Caplan (eds.), To Be a Victim: Encounters with Crime and Injustice. Plenum. pp. 409-421.
    The past two centuries have been an extraordinary era for criticism and reform of institutions and social practices. Unprecedented egalitarian and humanitarian movements have arisen to protest and improve the condition of victims of every variety of evil, personal and impersonal, natural and social. The beneficiaries of these movements belong to all manner of groups: racial, ethnic, and religious minorities, the poor, the insane, the orphaned, the handicapped, the homosexual, the young, the elderly, the female, the animal, the unborn, and (...)
    Download  
     
    Export citation  
     
    Bookmark  
  26. Mother Knows Best: Pregnancy, Applied Ethics, and Epistemically Transformative Experiences.Fiona Woollard - 2020 - Journal of Applied Philosophy 38 (1):155-171.
    L.A. Paul argues that interesting issues for rational choice theory are raised by epistemically transformative experiences: experiences which provide access to knowledge that could not be known without the experience. Consideration of the epistemic effects of pregnancy has important implications for our understanding of epistemically transformative experiences and for debate about the ethics of abortion and applied ethics more generally. Pregnancy is epistemically transformative both in Paul’s narrow sense and in a wider sense: those who have not been (...)
    Download  
     
    Export citation  
     
    Bookmark   13 citations  
  27. The Foundations of Criminal Law Epistemology.Lewis Ross - 2022 - Ergo: An Open Access Journal of Philosophy 9.
    Legal epistemology has been an area of great philosophical growth since the turn of the century. But recently, a number of philosophers have argued the entire project is misguided, claiming that it relies on an illicit transposition of the norms of individual epistemology to the legal arena. This paper uses these objections as a foil to consider the foundations of legal epistemology, particularly as it applies to the criminal law. The aim is to clarify the fundamental commitments of legal epistemology (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  28. A FEASIBILITY STUDY OF J.H. CERILLES STATE COLLEGE OFFERING A MASTER OF SCIENCE IN CRIMINAL JUSTICE WITH SPECIALIZATION IN CRIMINOLOGY.Patalinghug Mark - 2022 - Science International (Lahore) 2 (34):127-130.
    An advanced degree in criminal justice can open doors far outside traditional criminal justice practice, making it a highly in-demand course. This current study aimed to assess the viability of J.H. Cerilles State College to offer a Master of Science in Criminal Justice with Specialization in Criminology (MSCJ) in 2021. A descriptive survey type of research was employed as the methodology for this study. The 215 respondents from students, graduates, and professionals in the field from private and government institutions were (...)
    Download  
     
    Export citation  
     
    Bookmark  
  29. Mixed Messages: How Criminal Law Fails to Express Feminist Values.Amelia M. Wirts - forthcoming - Criminal Law and Philosophy.
    Criminal law practices in the US, including policing and incarceration, have drawn heavy criticism for their disproportionate impact on black people, particularly black men. At the same time, some feminist scholars and activists advocate for increases in criminal law responses to sexual assault, including expanding criminal statutes to cover more instances of sexual assault and increasing sentencing guidelines. These reforms are often justified by claims that criminal law should express more feminist values and reject sexist social schemas. This paper makes (...)
    Download  
     
    Export citation  
     
    Bookmark  
  30. Reconciling the opposing effects of neurobiological evidence on criminal sentencing judgments.Corey Allen, Karina Vold, Gidon Felson, Jennifer Blumenthal-Barby & Eyal Aharoni - 2019 - PLoS ONE 1:1-17.
    Legal theorists have characterized physical evidence of brain dysfunction as a double-edged sword, wherein the very quality that reduces the defendant’s responsibility for his transgression could simultaneously increase motivations to punish him by virtue of his apparently increased dangerousness. However, empirical evidence of this pattern has been elusive, perhaps owing to a heavy reliance on singular measures that fail to distinguish between plural, often competing internal motivations for punishment. The present study employed a test of the theorized double-edge pattern using (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  31. Abolish! Against the Use of Risk Assessment Algorithms at Sentencing in the US Criminal Justice System.Katia Schwerzmann - 2021 - Philosophy and Technology 34 (4):1883-1904.
    In this article, I show why it is necessary to abolish the use of predictive algorithms in the US criminal justice system at sentencing. After presenting the functioning of these algorithms in their context of emergence, I offer three arguments to demonstrate why their abolition is imperative. First, I show that sentencing based on predictive algorithms induces a process of rewriting the temporality of the judged individual, flattening their life into a present inescapably doomed by its past. Second, I demonstrate (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  32. On the Criminal Culpability of Successful and Unsucessful Psychopaths.Katrina L. Sifferd & William Hirstein - 2013 - Neuroethics 6 (1):129-140.
    The psychological literature now differentiates between two types of psychopath:successful (with little or no criminal record) and unsuccessful (with a criminal record). Recent research indicates that earlier findings of reduced autonomic activity, reduced prefrontal grey matter, and compromised executive activity may only be true of unsuccessful psychopaths. In contrast, successful psychopaths actually show autonomic and executive function that exceeds that of normals, while having no difference in prefrontal volume from normals. We argue that many successful psychopaths are legally responsible for (...)
    Download  
     
    Export citation  
     
    Bookmark   14 citations  
  33. Management and Results of Ectopic Pregnancy Adapted by Clinical Guidelines: Two Years Experience of University Hospital in Turkey.Serpil Aydogmus - 2014 - Open Journal of Obstetrics and Gynecology 4 (13):766-770.
    Ectopic pregnancy is defined as the fertilized ovum implants in a location outside the endometrial cavity, remains to be an important cause of maternal morbidity and mortality worldwide and is a health problem with incidence ranges between 0.25% and 2% of all pregnancies. In our study, in Izmir Katip Celebi University Ataturk Training and Research Hospital, Department of Obstetrics and Gynecology from 2011 to 2013, 96 cases with diagnosis of ectopic pregnancy managed by the adapted RCOG’s Guide were (...)
    Download  
     
    Export citation  
     
    Bookmark  
  34. The ethical aspects of unwanted pregnancy: Cases of rape reported in the media with legal restrictions on abortion in Turkey.Sukran Sevimli - 2023 - Eubios Journal of Asian and International Bioethics 33 (1):18-26.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  35. On the Relevance of Neuroscience to Criminal Responsibility.Nicole A. Vincent - 2010 - Criminal Law and Philosophy 4 (1):77-98.
    Various authors debate the question of whether neuroscience is relevant to criminal responsibility. However, a plethora of different techniques and technologies, each with their own abilities and drawbacks, lurks beneath the label “neuroscience”; and in criminal law responsibility is not a single, unitary and generic concept, but it is rather a syndrome of at least six different concepts. Consequently, there are at least six different responsibility questions that the criminal law asks—at least one for each responsibility concept—and, I will suggest, (...)
    Download  
     
    Export citation  
     
    Bookmark   20 citations  
  36. The Abolition of Punishment: Is a Non-Punitive Criminal Justice System Ethically Justified?Przemysław Zawadzki - 2024 - Diametros 21 (79):1-9.
    Punishment involves the intentional infliction of harm and suffering. Both of the most prominent families of justifications of punishment – retributivism and consequentialism – face several moral concerns that are hard to overcome. Moreover, the effectiveness of current criminal punishment methods in ensuring society’s safety is seriously undermined by empirical research. Thus, it appears to be a moral imperative for a modern and humane society to seek alternative means of administering justice. The special issue of Diametros “The Abolition of Punishment: (...)
    Download  
     
    Export citation  
     
    Bookmark  
  37. Tripartition and the Causes of Criminal Behavior in Laws ix.Joshua Wilburn - 2013 - Ancient Philosophy 33 (1):111-134.
    In this paper I argue that, despite what many commentators have concluded, Plato’s division of three psychological “causes” of criminal behavior at Laws 863b1-e3 (anger, pleasure, and ignorance) is not intended to invoke the tripartite theory of the soul. I suggest that the focus of the division is on an alternative moral psychological picture, one which is better suited to the criminal penology of Book 9. However, I argue, this alternative picture is nonetheless consistent with tripartite theory.
    Download  
     
    Export citation  
     
    Bookmark  
  38. Review of Douglas Husak, Philosophy of Criminal Law: Selected Essays. [REVIEW]Andrew Botterell - 2013 - University of Toronto Law Journal 63 (1):152-158.
    A review of Douglas Husak, Philosophy of Criminal Law: Selected Essays (Oxford University Press, 2010).
    Download  
     
    Export citation  
     
    Bookmark  
  39. The Pregnancy Rescue Case: a reply to Hendricks.Nathan William Davies - 2024 - Journal of Medical Ethics 50 (5):345-346.
    In ‘The Pregnancy Rescue Case: why abortion is immoral’, Hendricks presents The Pregnancy Rescue Case. In this reply I argue that even if it would be better (i.e., less bad) for the abortion to be prevented in The Pregnancy Rescue Case, that does not mean that typical abortions are impermissible. I also argue that there is a possible explanation, consistent with the pro-choice view and empirically testable, as to why people would think it better for the abortion (...)
    Download  
     
    Export citation  
     
    Bookmark  
  40. Experience as Evidence: Pregnancy Loss, Pragmatism, and Fetal Status.Amanda Roth - 2018 - Journal of Social Philosophy 49 (2):270-293.
    In this paper I take up (what I call) the pregnancy loss objection to defenses of abortion that deny fetal moral status. Though versions of this objection have been put forth by others—particularly Lindsey Porter’s in a 2015 paper—I argue that the existing versions of the objection are unsuccessful in various ways: failing to explain the ground of moral considerability that would apply to embryos/fetuses in very early pregnancy, lack of clarity about what it means to take grief (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  41. Reconciliation as the Aim of a Criminal Trial: Ubuntu’s Implications for Sentencing.Thaddeus Metz - 2019 - Constitutional Court Review 9:113-134.
    In this article, I seek to answer the following cluster of questions: What would a characteristically African, and specifically relational, conception of a criminal trial’s final end look like? What would the Afro-relational approach prescribe for sentencing? Would its implications for this matter forcefully rival the kinds of penalties that judges in South Africa and similar jurisdictions typically mete out? After pointing out how the southern African ethic of ubuntu is well understood as a relational ethic, I draw out of (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  42. Failing to deliver: why pregnancy is not a disease.Paul Rezkalla & Emmanuel Smith - 2024 - Journal of Medical Ethics (1):1-2.
    In their article ’Is Pregnancy a Disease? A Normative Approach’, Anna Smajdor and Joona Räsänen contend that, on several of the most prominent accounts of disease, pregnancy should be considered a disease. More specifically, of the five accounts they discuss, each renders pregnancy a disease or suffers serious conceptual problems otherwise. They take issue specifically with the dysfunction account of disease and argue that it suffers several theoretical difficulties. In this response, we focus on defending the dysfunction (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  43. Law Society of England and Wales published a recent 'Practice Note' on criminal prosecutions of victims of trafficking.Sally Ramage - forthcoming - Criminal Law News (88).
    The Law Society recently published a practice note titled 'Prosecutions of victims of trafficking'. This practice note comes many years after many lawyers had highlighted the problem and after the government machinery had chuntered into action and passed the UK Modern Slavery Act 2015 with explanatory notes and non-statutory guidelines for corporations. Since 2012 there had been issued warnings about the way defence lawyers, the Crown Prosecution Service and the UK police were dealing with trafficking and the Criminal Cases Review (...)
    Download  
     
    Export citation  
     
    Bookmark  
  44.  97
    The Substance View and Cases of Complicated Multifetal Pregnancy.Prabhpal Singh - forthcoming - Journal of Bioethical Inquiry:1-8.
    I consider cases of multifetal pregnancy in which one fetus with a fatal birth defect poses a risk to the survival of another healthy fetus to show that the substance view anti-abortion position leads to a contradiction. In cases of complicated multifetal pregnancy, if intervention by selective abortion to terminate the defective fetus is not performed, both fetuses will die due to the conditions created by the defective fetus’s fatal birth defect. Because abortion is wrong on the anti-abortion (...)
    Download  
     
    Export citation  
     
    Bookmark  
  45. Torture Born: Representing Pregnancy and Abortion in Contemporary Survival-Horror.Steve Jones - 2015 - Sexuality and Culture 19 (3):426-443.
    In proportion to the increased emphasis placed on abortion in partisan political debate since the early 2000s, there has been a noticeable upsurge in cultural representations of abortion. This article charts ways in which that increase manifests in contemporary survival-horror. This article contends that numerous contemporary survival-horror films foreground pregnancy. These representations of pregnancy reify the pressures that moralistic, partisan political campaigning places on individuals who consider terminating a pregnancy. These films contribute to public discourse by engaging (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  46. Review of May & Hoskins, International Criminal Law and Philosophy. [REVIEW]Matthew Lister - 2010 - Concurring Opinions Blog:1.
    This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins, published by Cambridge University Press.
    Download  
     
    Export citation  
     
    Bookmark  
  47. No, Pregnancy is Not a Disease.Nicholas Colgrove & Daniel Rodger - 2024 - Journal of Medical Ethics (1):1-3.
    Anna Smajdor and Joona Räsänen argue that we have good reason to classify pregnancy as a disease. They discuss five accounts of disease and argue that each account either implies that pregnancy is a disease or, if it does not, it faces problems. This strategy allows Smajdor and Räsänen to avoid articulating their own account of disease. Consequently, they cannot establish that pregnancy is a disease, only that plausible accounts of disease suggest this. Some readers will dismiss (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  48. Your Mother Should Know: Pregnancy, the Ethics of Abortion and Knowledge through Acquaintance of Moral Value.Fiona Woollard - 2022 - Pacific Philosophical Quarterly 103 (3):471-492.
    An important strand in the debate on abortion focuses on the moral status of fetuses. Knowledge of the moral value of fetuses is needed to assess fetuses’ moral status. As Errol Lord argues, acquaintance plays a key role in moral and aesthetic knowledge. Many pregnant persons have acquaintance with their fetus that provides privileged access to knowledge about that fetus’ moral value. This knowledge is (a) very difficult to acquire without being pregnant and (b) relevant for assessing the moral status (...)
    Download  
     
    Export citation  
     
    Bookmark  
  49. Twin pregnancy, fetal reduction and the 'all or nothing problem’.Joona Räsänen - 2022 - Journal of Medical Ethics 48 (2):101-105.
    Fetal reduction is the practice of reducing the number of fetuses in a multiple pregnancy, such as quadruplets, to a twin or singleton pregnancy. Use of assisted reproductive technologies increases the likelihood of multiple pregnancies, and many fetal reductions are done after in vitro fertilisation and embryo transfer, either because of social or health-related reasons. In this paper, I apply Joe Horton’s all or nothing problem to the ethics of fetal reduction in the case of a twin (...). I argue that in the case of a twin pregnancy, there are two intuitively plausible claims: abortion is morally permissible, and it is morally wrong to abort just one of the fetuses. But since we should choose morally permissible acts rather than impermissible ones, the two claims lead to another highly implausible claim: the woman ought to abort both fetuses rather than only one. Yet, this does not seem right. A plausible moral theory cannot advocate such a pro-death view. Or can it? I suggest ways to solve this problem and draw implications for each solution. There are no data in this work. (shrink)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  50. (1 other version)Criminal Proof: Fixed or Flexible?Lewis Ross - 2023 - Philosophical Quarterly (4):1-23.
    Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
1 — 50 / 968