van Els, Paul. "Tegen aanvalsoorlogen" (Against Offensive Warfare). Dutch translation of Mozi chapters 17, 18, and 19. Het Trage Vuur 40 (December 2007): 8–19.

Recently, an increasing number of scholars have been showing interest in old-fashioned racism again. While recent studies on old-fashioned racism apparently increase our knowledge of this psychological theory of racism, the studies actually shed light on a different type of racism, namely offensive racism. The aim of this text is to argue that psychological theories of racism, like old-fashioned racism and modern racism, depend on societies’ social norms. I will show that questionnaires are highly sensitive to social norms, and if (...) there is change in social norms, the original measurement object alters. The theory of old-fashioned racism implicitly assumes agents that follow (or conform to) the social norm to behave prejudiced. Today, however, this social norm does not exist in Western societies. If agents express the same prejudices today, they indicate their willingness to breach the social norm to behave unprejudiced. Thereby, classic old-fashioned racism measures reflect a new kind of racism today. (shrink)

Since the Supreme Court upheld the partial birth abortion ban in 2007, more U.S. abortion providers have begun performing intraamniotic digoxin injections prior to uterine dilation and evacuations. These injections can cause medical harm to abortion patients. Our objective is to perform an in-depth bioethical analysis of this procedure, which is performed mainly for the provider’s legal benefit despite potential medical consequences for the patient.

The state has always authoritatively used criminal law to give effect to its policy of condemning acts either antisocial or unacceptable to the conscience of the law and society. The existence of criminal law is well justified on grounds of ‘social welfare’ or “reinforcement of those values most basic to proper social functioning”. This initiates or sustains the process of criminalization. The relativity of ‘social welfare’ makes law ‘dynamic’ as well as ‘varying’, vis-à-vis its ambit and scope. Current scholarship is (...) critical of what is referred to as the trend of overcriminalization or rapid increase in criminalizing of acts, as leading to ‘uncertainty’ in criminal law. The rationale for such a critique is that there are activities that need not be labeled as offences if they do not possess the potential to cause damage that criminal law seeks to protect. In light of the overcriminalization critique, this paper examines the criminalization of certain offences labeled as public welfare offences. (shrink)

We provide a new text corpus from the social medium Telegram, which is rich in indirect forms of divisive speech. We scraped all messages from one channel of supporters of Donald Trump, covering a large part of his presidency from late 2016 until January 2021. The discussion among the group members over this long time period includes the spread of disinformation, disparaging of out-group members, and other forms of offensive speech. To encourage research into such practices of poisoning public political (...) discourse, we added automatic annotations of offensive language to all messages. We further added manual annotations of harmful language to a portion of the posts in order to enable the analysis of more implicit forms of online harm. (shrink)

Slurs are both derogatory and offensive, and they are said to exhibit “derogatory force” and “offensiveness.” Almost all theories of slurs, except the truth-conditional content theory and the invocational content theory, conflate these two features and use “derogatory force” and “offensiveness” interchangeably. This paper defends and explains the distinction between slurs’ derogatory force and offensiveness by fulfilling three goals. First, it distinguishes between slurs’ being derogatory and their being offensive with four arguments. For instance, ‘Monday’, a slur (...) in the Bostonian argot, is used to secretly derogate African Americans without causing offense. Second, this paper points out that many theories of slurs run into problems because they conflate derogatory force with offensiveness. For example, the prohibition theory’s account of offensiveness in terms of prohibitions struggles to explain why ‘Monday’ is derogatory when it is not a prohibited word in English. Third, this paper offers a new explanation of this distinction from the perspective of a speech act theory of slurs; derogatory force is different from offensiveness because they arise from two different kinds of speech acts that slurs are used to perform, i.e., the illocutionary act of derogation and the perlocutionary act of offending. This new explanation avoids the problems faced by other theories. (shrink)

Along with the promulgation of 2008 Law on Anti-Corruption, thanking to the comprehensive solutions and determinations of the whole governmental apparatus, there are signals of a positive change in the fight against corruption in Vietnam’s market economy. However, compared to other countries around the world, the corruption in Vietnam is still a national problem. The number of corruption cases may decline, but the scale and severity has been increasing. Many cases has involved high-ranking officials in the government with more than (...) 20 general officers in the armed forces to be sentenced. On the basis of analysing the current situation of corruption in recent years, the author hereby recommends some synchronous solutions to improve the effectiveness of anti-corruption. (shrink)

Le droit d’offenser est partie intégrante de la liberté d’expression. Sa justification repose sur la distinction entre les dogmes, qui peuvent faire l’objet de critiques ou de moqueries, et les individus qui peuvent y adhérer. Sans elle, les désaccords moraux et religieux ne pourraient plus s’exprimer dans l’espace public.

Antitheodicy objects to all attempts to solve the problem of evil. Its objections are almost all on moral grounds—it argues that the whole project of theodicy is morally offensive. Trying to excuse God’s permission of evil is said to deny the reality of evil, to exhibit gross insensitivity to suffering, and to insult the victims of grave evils. Since antitheodicists urge the avoidance of theodicies for moral reasons, it is desirable to evaluate the moral reasons against theodicies in abstraction from (...) the intellectual reasons for and against them. It is argued that the best known theodicies such as those based on soul-making and free will are guilty of moral faults as alleged. But Leibniz’s best of all possible worlds theory, often thought to be the most morally offensive ‘Panglossian’ theodicy, is morally blameless because it excuses God by the absolute impossibility of his choosing any world better than the present one. Theodicy should not be conceived of as a search for greater goods which may excuse God’s permitting evils. From the divine point of view, creation is an upfront choice between scenarios—in modern parlance, a Trolley problem rather than a Transplant problem. In cases of forced choice among scenarios, it is morally improper to criticize one who chooses the best. (shrink)

Slurs are typically defined as conveying contempt based on group-membership. However, here I argue that they are not a unitary group. First, I describe two dimensions of variation among derogatives: how targets are identified, and how offensive the term is. This supports the typical definition of slurs as opposed to other derogatives. I then highlight problems with this definition, mainly caused by variable offence across slur words. In the process I discuss how major theories of slurs can account for variable (...) offence, and conclude that contempt based on group-membership doesn’t cover all the data. I finish by noting that the most offensive slurs are those that target oppressed groups. I claim it is oppression that underpins most offence, and that beyond this offensive property, some slurs are actively used to oppress. (shrink)

Harmful and dangerous language is frequent in social media, in particular in spaces which are considered anonymous and/or allow free participation. In this paper, we analyse the language in a Telegram channel populated by followers of Donald Trump, in order to identify the ways in which harmful language is used to create a specific narrative in a group of mostly like-minded discussants. Our research has several aims. First, we create an extended taxonomy of potentially harmful language that includes not only (...) hate speech and direct insults, but also more indirect ways of poisoning online discourse, such as divisive speech and the glorification of violence. We apply this taxonomy to a large portion of the corpus. Our data gives empirical evidence for harmful speech such as in/out-group divisive language and the use of codes within certain communities which have not often been investigated before. Second, we compare our manual annotations to several automatic methods of classifying hate speech and offensive language, namely list based and machine learning based approaches. We find that the Telegram data set still poses particular challenges for these automatic methods. Finally, we argue for the value of studying such naturally occurring, coherent data sets for research on online harm and how to address it in linguistics and philosophy. (shrink)

Ethical extensionism is a common argument pattern in environmental and animal ethics, which takes a morally valuable trait already recognized in us and argues that we should recognize that value in other entities such as nonhuman animals. I exposit ethical extensionism’s core argument, argue for its validity and soundness, and trace its history to 18th century progressivist calls to expand the moral community and legal franchise. However, ethical extensionism has its critics. The bulk of the paper responds to recent criticisms, (...) including (1) environmental ethicists’ objection against its austere conception of moral value (2), feminist ethicists’ claim that extensionism fails to account for the moral significance of difference, (3) disability theorists’ concern that ethical extensionist arguments are offensive, and (4) animal rights theorists’ lament that extensionism is a practical failure. While something is to be gained from each criticism, I argue that they ultimately fail and that extensionism remains compelling. (shrink)

Let propositionalism be the thesis that all mental attitudes are propositional. Anti-propositionalists typically point at apparently non-propositional attitudes, such as fearing a dog and loving a spouse, and play defense against attempts at propositional analysis of such attitudes. Here I explore the anti-propositionalist’s prospects for going on the offensive, trying to show that some apparently propositional attitudes, notably belief and judgment, can be given non-propositional analysis. Although the notion that belief is a non-propositional attitude may seem ludicrous at first, it (...) is admirably defended by Franz Brentano, whose analysis I propose to expound, update, and deepen here. The basic strategy can be thought of as follows. First, although the grammar of belief-that reports clearly suggests a propositional attitude, the grammar of belief-in reports suggests instead an ‘objectual’ attitude. Second, with some ingenuity all belief-that reports can be paraphrased into belief-in reports. Third, given certain general considerations, this paraphraseability recommends the view that the psychological reality of belief states is objectual rather than propositional. Nonetheless, I will argue, there are two very real costs associated with this non-propositional analysis of belie. (shrink)

Historically, laws and policies to criminalize drug use or possession were rooted in explicit racism, and they continue to wreak havoc on certain racialized communities. We are a group of bioethicists, drug experts, legal scholars, criminal justice researchers, sociologists, psychologists, and other allied professionals who have come together in support of a policy proposal that is evidence-based and ethically recommended. We call for the immediate decriminalization of all so-called recreational drugs and, ultimately, for their timely and appropriate legal regulation. We (...) also call for criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs to be expunged, and for those currently serving time for these offenses to be released. In effect, we call for an end to the “war on drugs.”. (shrink)

Lethal Autonomous Weapons (LAWs) are robotic weapons systems, primarily of value to the military, that could engage in offensive or defensive actions without human intervention. This paper assesses and engages the current arguments for and against the use of LAWs through the lens of achieving more ethical warfare. Specific interest is given particularly to ethical LAWs, which are artificially intelligent weapons systems that make decisions within the bounds of their ethics-based code. To ensure that a wide, but not exhaustive, survey (...) of the implications of employing such ethical devices to replace humans in warfare is taken into account, this paper will engage on matters related to current scholarship on the rejection or acceptance of LAWs—including contemporary technological shortcomings of LAWs to differentiate between targets and the behavioral and psychological volatility of humans—and current and proposed regulatory infrastructures for developing and using such devices. After careful consideration of these factors, this paper will conclude that only ethical LAWs should be used to replace human involvement in war, and, by extension of their consistent abilities, should remove humans from war until a more formidable discovery is made in conducting ethical warfare. (shrink)

The 2016-17 Iraqi offensive that recaptured the city of Mosul from the Islamic State have demonstrated the inability of contemporary armed forces to retake urban areas from a determined and ruthless enemy without either suffering debilitating casualties or causing thousands of civilian deaths and virtually destroying the city itself. The enemy’s willingness to refuse civilian evacuation via a humanitarian corridor and effectively take the inhabitants hostage is all it takes to impose this tragic dilemma on an attacking force. The civilian (...) death toll of the battle of Mosul alone is estimated to have reached between seven and forty thousand, with almost one million people internally displaced and large portions of the city levelled. Avoiding another such tragedy should be a priority for all practitioners and theorists of urban warfare. Indeed, confronting and defeating this challenge may be the most important task for ethics, theory and practice of urban combat in the coming decade. I argue that the only viable way of escaping the hostage siege dilemma consists of incorporating large numbers of unmanned and autonomous weapon systems into the blue force structure and using these to substitute for artillery and aerial fires presently being used to overpower defenders. While other measures may be used to marginally improve the outcome of hostage city assaults, only the automatization of the assault can dramatically change the calculus and in result either discourage rogue actors from creating hostage city dilemmas or defeat them decisively while suffering unequivocally proportional casualties. I proceed as follows: first, I provide an account of the 2016-17 Coalition assault on Mosul, giving special attention to the events and features relevant to the hostage city dilemma. I then use this case study to introduce the theoretical concept of the hostile city and the ethical dilemma it creates, discussing possible objections and making the case that the circumstances of the Battle of Mosul are bound to repeatedly transpire in the future. This generates a duty to find a way out of the hostage city dilemma. I argue that widespread use of unmanned and autonomous weapon platforms constitutes a viable way of assaulting hostage cities in a manner that assures respect for the ius in bello principles, proposing several ways in which such weapons may be designed and used to drastically limit both military and civilian casualties. Concluding that it may be not only permissible but morally required to employ autonomous weapons in the hostage city scenario, I briefly discuss the implications of this conclusion for a wider debate concerning the moral feasibility of autonomous weapons. (shrink)

I argue that the offense generation pattern of slurring terms parallels that of impoliteness behaviors, and is best explained by appeal to similar purely pragmatic mechanisms. In choosing to use a slurring term rather than its neutral counterpart, the speaker signals that she endorses the term. Such an endorsement warrants offense, and consequently slurs generate offense whenever a speaker's use demonstrates a contrastive preference for the slurring term. Since this explanation comes at low theoretical cost and imposes few constraints on (...) an account of the semantics of slurs, this suggests that we should not require semantic accounts to provide an independent explanation of the offense profile. (shrink)

Currently, the preferred accommodation for conscientious objection to abortion in medicine is to allow the objector to refuse to accede to the patient’s request so long as the objector refers the patient to a physician who performs abortions. The referral part of this arrangement is controversial, however. Pro-life advocates claim that referrals make objectors complicit in the performance of acts that they, the objectors, find morally offensive. McLeod argues that the referral requirement is justifiable, although not in the way that (...) people usually assume. (shrink)

Generic stereotypes are generically formulated generalizations that express a stereotype, like “Mexican immigrants are rapists” and “Muslims are terrorists.” Stereotypes like these are offensive and should not be asserted by anyone. Yet when someone does assert a sentence like this in a conversation, it is surprisingly difficult to successfully rebut it. The meaning of generic sentences is such that they can be true in several different ways. As a result, a speaker who is challenged after asserting a generic stereotype can (...) often simply dismiss the objection and maintain that the stereotype is true in a way that is compatible with the challenger’s objection. In this paper, a semantic theory for generics is presented that accounts for this type of defensive shifting in upholding generic stereotypes. This theory is then used to develop two strategies to object more efficiently. The first strategy is to immediately deny that either of the two possible ways in which a generic can be true obtains. The second strategy is to deny the satisfaction of an additional condition that is necessary for a generic sentence to be true. (shrink)

Slurring expressions display puzzling behaviour when embedded, such as under negation and in attitude and speech reports. They frequently appear to retain their characteristic qualities, like offensiveness and propensity to derogate. Yet it is sometimes possible to understand them as lacking these qualities. A theory of slurring expressions should explain this variability. We develop an explanation that deploys the linguistic notion of focus. Our proposal is that a speaker can conversationally implicate metalinguistic claims about the aptness of a focused (...) slurring expression. This explanation of variability relies on independently motivated mechanisms and is compatible with any theory of slurring expressions. (shrink)

Some bioethicists argue that conscientious objectors in health care should have to justify themselves, just as objectors in the military do. They should have to provide reasons that explain why they should be exempt from offering the services that they find offensive. There are two versions of this view in the literature, each giving different standards of justification. We show these views are each either too permissive (i.e. would result in problematic exemptions based on conscience) or too restrictive (i.e. would (...) produce problematic denials of exemption). We then develop a middle ground position that we believe better combines respect for the conscience of healthcare professionals with concern for the duties that they owe to patients. Our claim, in short, is that insofar as objectors should have to justify themselves, they should have to do it according to the standard that we defend rather than according to the standards that others have developed. (shrink)

In this chapter we focus on the debate over publicly-maintained racist monuments as it manifests in the mid-2010s Anglosphere, primarily in the US (chiefly regarding the over 700 monuments devoted to the Confederacy), but to some degree also in Britain and Commonwealth countries, especially South Africa (chiefly regarding monuments devoted to figures and events associated with colonialism and apartheid). After pointing to some representative examples of racist monuments, we discuss ways a monument can be thought racist, and neutrally categorize removalist (...) and preservationist arguments heard in the monument debate. We suggest that both extremist and moderate removalist goals are likely to be self-defeating, and that when concerns of civic sustainability are put on moral par with those of fairness and justice, something like a Mandela-era preservationist policy is best: one which removes the most offensive of the minor racist monuments, but which focuses on closing the monumentary gap between peoples and reframing existing racist monuments. (shrink)

Slurs such as spic, slut, wetback, and whore are linguistic expressions that are primarily understood to derogate certain group members on the basis of their descriptive attributes and expressions of this kind have been considered to pack some of the nastiest punches natural language affords. Although prior scholarship on slurs has uncovered several important facts concerning their meaning and use –including that slurs are potentially offensive, are felicitously applied towards some targets yet not others, and are often flexibly used not (...) only derogatorily to convey offense towards out-group members but also non-derogatorily to convey affiliation with in-group members– the literature remains largely focused on slurs that typically target African Americans, male homosexuals, and sexually active females. Since no account of slurs that typically target Hispanics or Mexican-Americans has so far been proposed, here I offer the first systematic and empirically informed analysis of these that accounts for both their derogatory and appropriative use. Importantly, this article reviews over a dozen Spanish stereotypes and slurs and explains how the descriptive attributes involved in a stereotype associated with a slur can contribute to the predication of certain content in the application of that slur toward its target in context. This article further explains how the psychological effects of stereotype threat and stereotype lift can be initiated through the application of a relevant slur towards its target in context as well. -/- ----- -/- Las expresiones peyorativas tales como spic (‘spic’), slut (‘zorra’), wetback (‘espalda mojada’) y whore (‘puta’) son expresiones lingüísticas que se entienden principalmente para minusvalorar ciertos miembros de un grupo sobre la base de sus atributos descriptivos (como la raza o el sexo). Se ha considerado que las expresiones de este tipo conllevan algunos de los puñetazos más desagradables que el lenguaje natural puede proporcionar. Aunque la literatura especializada sobre expresiones peyorativas ha descubierto varios hechos importantes en cuanto a significado y uso –entre los que se incluyen que tales expresiones son potencialmente ofensivas, apuntan efectivamente hacia unos objetivos pero no hacia otros, y con frecuencia se utilizan con flexibilidad no sólo despectivamente para ofender a miembros por fuera de un grupo, sino que también de forma no despectiva para afiliar con miembros dentro de un mismo grupo–, tal literatura sigue centrada en gran medida en las expresiones peyorativas que típicamente apuntan contra los afroamericanos (nigger ‘negro’), los homosexuales varones (fagot ‘maricón’), y las mujeres sexualmente activas (slut ‘zorra’). En tanto que no se ha propuesto al momento dar cuenta de expresiones peyorativas dirigidas contra hispanos o mexicano-americanos, en este trabajo se ofrece el primer análisis sistemático y empíricamente informado de tales expresiones, tanto en sus usos despectivos y de apropiación. Es importante destacar que en este artículo se revisan más de una docena de estereotipos y expresiones peyorativas en español, además de explicar cómo los atributos descriptivos que participan de un estereotipo asociado con una difamación pueden contribuir a la predicación de determinados contenidos en la aplicación de esa expresión hacia su objetivo en contexto. Asimismo, en este artículo se explica cómo comienzan los efectos psicológicos de la amenaza estereotipada y el realce estereotipado cuando se emplea una expresión peyorativa relevante contra un objetivo en contexto. (shrink)

Recent pragmatic accounts of slurs argue that the offensiveness of slurs is generated by a speaker's free choice to use a slur opposed to a more appropriate and semantically equivalent neutral counterpart. I argue that the theoretical role of neutral counterparts on such views is overstated. I consider two recent pragmatic analyses, Bolinger (Noûs, 51, 2017, 439) and Nunberg (New work on speech acts, Oxford University Press, 2018), which rely heavily upon the optionality of slurs, namely, that a speaker (...) exercises a deliberate lexical choice to use a slur when they could have easily used a neutral counterpart instead. Against such views, I argue that across a range of different offensive uses of slurs, a speaker's choice to use a slur opposed to a neutral counterpart plays little to no role in accounting for why the slur generates offence. Such cases cast serious doubt upon the explanatory depth of these pragmatic analyses, and raise more general concerns for views which draw upon the relationship between a slur and its neutral counterpart. The main upshot is this: theorists should exercise caution in assuming that neutral counterparts play any fundamental or systemic role in explaining why slurs are offensive. (shrink)

In several recent contributions to the growing literature on slurs, Hedger draws upon Kaplan’s distinction between descriptive and expressive content to argue that slurs are expressions with purely expressive content. The distinction between descriptive and expressive content and the view that slurs are expressions with purely expressive content has been widely acknowledged in prior work, and Hedger aims to contribute to this tradition of scholarship by offering novel arguments in support of his ‘‘pure expressivist’’ account of slurs. But the account (...) that PE offers is explanatorily inadequate, resting on suspect a priori intuitions which also commit one to denying many basic facts about slurs, such as that slurs largely display systematic differential application and that slurs can be used non-offensively between in-group speakers. In this article I provide clear reasons for rejecting PE, arguing particularly against Hedger as one of PE’s most explicit and recent proponents. In showing that PE is inadequate in at least 11 ways, I argue in favor of a mixed or hybrid approach. (shrink)

Kant’s comments on sexuality are commonly found to be at best perplexing and at worst extraordinarily unenlightened and morally offensive. In this paper, I start by reconstructing what seems to be Kant’s view on sexuality as well as providing an overview of the main, existing Kantian philosophical responses and alternative proposals to this account. In the last part of the paper, I outline a new Kantian approach to sexuality that overcomes the shortcomings of both Kant’s own and the existing Kantian (...) accounts. (shrink)

When someone is prepunished, they are punished for a predicted crime they will or would commit. I argue that cases of prepunishment universally assumed to be merely hypothetical—including those in Philip K. Dick’s “The Minority Report”— are equivalent to some instances of the real-life punishment of attempt offenses. This conclusion puts pressure in two directions. If prepunishment is morally impermissible, as philosophers argue, then this calls for amendments to criminal justice theory and practice. At the same time, if prepunishment is (...) not imaginary, then the philosophers who reject it cannot claim that their view is supported by common sense. (shrink)

In our recent article, together with more than 60 of our colleagues, we outlined a proposal for drug policy reform consisting of four specific yet interrelated strategies: (1) de jure decriminalization of all psychoactive substances currently deemed illicit for personal use or possession (so-called “recreational” drugs), accompanied by harm reduction policies and initiatives akin to the Portugal model; (2) expunging criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs (and releasing those serving (...) time for these offenses), while delivering retroactive ameliorative relief; (3) the ultimate legalization and careful regulation of currently illicit drugs; and (4) the delivery of a new “Marshall Plan” focused on community-building initiatives, expanded harm reduction programs, and social and health care support efforts (Earp et al. 2021). We were gratified to see so many thoughtful commentaries on our proposal, and we respond to them in part in this reply. (shrink)

Mental causes are threatened from two directions: from below, since they would appear to be screened off by lower-order, e.g., neural states; and from within, since they would also appear to be screened off by intrinsic, e.g., syntactical states. A principle needed to parry the first threat -causes should be proportional to their effects- appears to leave us open to the second; for why should unneeded extrinsic detail be any less offensive to proportionality than excess microstructure? I say that the (...) second threat relies on a perversion of proportionality that would lay waste to all causal relations. (shrink)

A deterrence theory of punishment holds that the institution of criminal punishment is morally justified because it serves to deter crime. Because the fear of external sanction is an important incentive in crime deterrence, the deterrence theory is often associated with the idea of severe, disproportionate punishment. An objection to this theory holds that hope of escape renders even the severest punishment inapt and irrelevant. -/- This article revisits the concept of deterrence and defend a more plausible deterrence theory of (...) punishment—the wide-scope deterrence theory. The wide-scope theory holds that we must make the best use of all the deterrence tools available, including both external and internal sanctions. Drawing on insights from the early Confucian tradition, the article develops a deep deterrence theory, which holds that the most important deterrence tool involves internal, not external, sanction. It describes how internal sanctions deter potential offenses and why relevant policies need not conflict with liberalism’s respect for neutrality. (shrink)

[Updated 2/23/21: complete chapter scan] In this chapter I sketch a rightist approach to monumentary policy in a diverse polity beleaguered by old ethnic grievances. I begin by noting the importance of tribalism, memorialization, and social trust. I then suggest a policy which 1) gradually narrows the gap between peoples in the heritage landscape, 2) conserves all but the most offensive of the least beloved racist monuments, 3) avoids recrimination (i.e., “keeps it positive”) and eschews ideological commentary in new monuments (...) or revisions to old ones, 4) as much as politically feasible, recognizes only the offense of willing tribemates, and 5) responds to aesthetic and other “irrational” offenses more than to “objective” historical or philosophical critiques. (shrink)

Philosophers have highlighted a dilemma for the criminal law. Unjust, racist policies in the United States have produced conditions in which the dispossessed are more likely to commit crime. This complicity undermines the standing of the state to blame their offenses. Nevertheless, the state has reason to punish those crimes in order to deter future offenses. Tommie Shelby proposes a way out of this dilemma. He separates the state’s right to condemn from its right to punish. I raise doubts about (...) Shelby’s proposed resolution. So long as punishment is widely and reasonably understood to condemn crime, Shelby’s proposal does not resolve the dilemma. Moreover, there is reason to think the blaming aspect of punishment plays a role in the justification of its hard treatment. I conclude by considering some other ways out of the dilemma, focusing especially on how the United States might take responsibility for its complicity. (shrink)

According to deterrence justifications of legal punishment, legal punishment is justified at least in part because it deters offenses. These justifications rely on important empirical assumptions, e.g., that non-punitive enforcement can't deter or that it can't deter enough. I’ll challenge these assumptions and argue that extant deterrence justifications of legal punishment fail. In the process, I examine contemporary deterrence research and argue that it provides no support for these justifications.

Complaining is frequently regarded as a negative act stated to attack a person who is responsible for a wrong behavior. However, the proper use of complaints can improve an offensive situation and establish solidarity between interlocutors. This study is aimed at comparing the strategies of complaints made by college- educated native speakers of English and Indonesian. Qualitative method was used to carry out this study by involving 14 English native speakers (ENSs) and 30 Indonesian native speakers (INSs) who were randomly (...) selected. Survey questions were used to collect the data. (shrink)

In August 2017, Google executives found themselves in a difficult position. An internal memo written by a disgruntled software engineer, James Damore, had just gone viral. In this memo, Damore claimed that the relatively small number of women in the tech industry was partly due to biological factors, and that many of Google’s diversity efforts were therefore counterproductive. The contents of this memo were offensive to many (and thus were having a negative impact on the overall workplace environment), but the (...) executives were aware that the wrong reaction to it would at least partially vindicate Damore’s claims about the lack of open discussion at Google. In the end, after two days of controversy, Google leadership decided to fire Damore on the grounds that he had violated the company’s code of conduct. This case gives students an opportunity to explore the numerous issues raised by Damore’s memo and the controversy surrounding it. Did Google handle this case properly? Was firing Damore the right thing to do? How could the situation have been handled more effectively? (shrink)

In response to the growing social discontent at what is perceived as generational injustice, due to younger generations of voters facing long-term negative consequences from issues disproportionately decided by the votes of older generations of voters, there have been suggestions to introduce an upper age voting threshold. These have been all but universally dismissed as offensive and contrary to basic democratic values. In the present article, I show that the idea is in fact entirely consonant with present-day democratic practices and (...) far from without a precedent. Hence, I describe how the aforementioned generational injustice can be rectified using a simple vote weighting scheme which is easy to implement and interpret. Lastly, I discuss the societal effects that this alteration of the voting system would have on the distribution of the origins of political power. (shrink)

Text-guided image generation models can be prompted to generate images using nonce words adversarially designed to robustly evoke specific visual concepts. Two approaches for such generation are introduced: macaronic prompting, which involves designing cryptic hybrid words by concatenating subword units from different languages; and evocative prompting, which involves designing nonce words whose broad morphological features are similar enough to that of existing words to trigger robust visual associations. The two methods can also be combined to generate images associated with more (...) specific visual concepts. The implications of these techniques for the circumvention of existing approaches to content moderation, and particularly the generation of offensive or harmful images, are discussed. (shrink)

Evaluative judgments imply positive or negative regard. But there are different ways in which something can be positive or negative. How do we tell them apart? According to Evaluative Sentimentalism, different evaluations (e.g., dangerousness vs. offensiveness) are grounded on different emotions (e.g., fear vs. anger). If this is the case, evaluation differentiation requires emotional awareness. Here, we test this hypothesis by looking at alexithymia, a deficit in emotional awareness consisting of problems identifying, describing, and thinking about emotions. The results (...) of Study 1 suggest that high alexithymia is not only related to problems distinguishing emotions, but also to problems distinguishing evaluations. Study 2 replicated this latter effect after controlling for individual differences in attentional impulsiveness and reflective reasoning, and found that reasoning makes an independent contribution to evaluation differentiation. These results suggest that emotional sensibilities play an irreducible role in evaluative judgment while affording a role for reasoning. (shrink)

This first part of a two-part series exploring implications of the natural differences between the sexes for the cultural evolution of marriage assesses whether Kant should be condemned as a sexist due to his various offensive claims about women. Being antithetical to modern-day assumptions regarding the equality of the sexes, Kant’s views seem to contradict his own egalitarian ethics. A philosophical framework for making cross-cultural ethical assessments requires one to assess those in other cultures by their own ethical standards. Sexism (...) is inappropriate if it exhibits or reinforces a tendency to dominate the opposite sex. Kant’s theory of marriage, by contrast, illustrates how sexism can be egalitarian: given the natural differences between the sexes, different roles and cultural norms help to ensure that females and males are equal. Judged by the standards of his own day and in the context of his philosophical system, Kant’s sexism is not ethically inappropriate. (shrink)

At the beginning of the Russian Federation’s attack on Ukraine in February 2022, the European Union put up massive resistance, but due to its sudden overload, it was unable to deal with the situation adequately. It was in a state of paralysis for some time. Therefore, five explanatory models for the Russian actions are presented: an offensive, a defensive, a situational, a socio-cultural, and an ideological-historical one. It is then shown that the German term Gewalt, which combines the English terms (...) violence, power, and force ontologically, is best suited to summarize and describe all these models. It is also shown that Gewalt is a neutral, fundamental human concept that can be described as one of the basic driving forces of man. By piercing society, Gewalt constitutes an impulse, a motivation that stimulates and fuels the individual and society in toto. This leads to what we call Progressus, which depends on four variables – group desire, potential means of violence and force, group aims and objectives, as well as group comparison and evaluation. Progressus is inherent in all persons and in all societies. It can be analyzed and managed in a variety of different ways. Combined with the foundation of Gewalt, seen as neutral agent in varying levels of intensity, Progressus forms a matrix for efficient analysis to describe positive and frictional interaction, establishes social relations from friendship up to war; and this between individuals, groups and/or states. How this is possibly implemented in practice is described at the end using an example from the previously presented explanatory models. (shrink)

Joel Feinberg’s Offense to Others is the most comprehensive contemporary work on the significance of offense in a liberal legal system. Feinberg argues that being offended can impair a person’s liberty, much like a nuisance, and that it is therefore legitimate in principle to regulate conduct because of its offensiveness. In this article, I discuss some overlooked considerations that give us reason to resist Feinberg’s conclusion, even while granting this premise. My key claim is that the regulation of offense (...) can inadvertently increase the incidence of offense, by nurturing offense-taking sensibilities. In the course of defending this claim and spelling out its implications, I explain why concerns about the inadvertent nurturing of offense are now more pressing, given the identity–political character of contemporary offense-based social conflicts, and I discuss why a reluctance to legally regulate offensive conduct need not be insensitive to the identity–political issues that animate those conflicts. (shrink)

Spinoza’s interpretation of the election of the Hebrews in the third chapter of the Theological Political Treatise enraged quite a few Jewish readers of the nineteenth and twentieth centuries. The rise of nationalism, and the demand of loyalty to one’s own genos brought about a certain style of patriotic writing aimed at Spinoza’s “betrayal.” In a series of lectures on the eve of the Great War, Hermann Cohen portrayed Spinoza as a person of “demonic spirt” and as “the great enemy (...) who emerged from our midst.” In a stream of words more akin to shouting than to analytic discourse, Cohen protested against what he took to be the universal complacency regarding Spinoza’s treachery: “When Spinoza, with merciless severity, makes his own nation the object of contempt – at the time that Rembrandt lived on the same street and immortalized the ideal type of the Jew - no voice rises in protest against this humanly incomprehensible betrayal.” Cohen was right in identifying in Spinoza an absence of ethnic patriotism. I, for one, find this absence a virtue rather than a vice, and in this chapter I will argue, inter alia, that in rejecting ethnic normativity Spinoza was consistent with a dominant strand of rabbinic thought. What precisely was so offensive in Spinoza’s words in chapter three of the TTP? A common reading of this chapter suggests that Spinoza presents the election of the Hebrews as merely political and not spiritual in nature, thus downgrading the importance of the election. This reading is not absolutely groundless, but it is highly imprecise, for as we shall shortly see, for Spinoza, God’s (genuine) election of the Hebrews indicates the political weakness of their state, rather than its strength. Apart from pointing out this important corrective, I will also attempt in this essay to evaluate Spinoza’s critique of the election of the Hebrews, the result of which might lead us to some highly unexpected conclusions. In the first section of this chapter I present an outline of Spinoza’s interpretation of the connection between the Hebrews’ belief in being chosen, and the xenophobic nature of their ancient state. In the second section, I discuss Spinoza’s interpretation of the election of the Hebrews in chapter three of the TTP, and show that on Spinoza’s sardonic reading it was nothing but luck which allowed the Hebrew state to survive for a rather long time in spite of its poor political constitution. The third and final part provides a defense of Spinoza’s critique of the notion of chosenness. I will argue, first, that chosenness has never been granted the status of theological doctrine or principle of faith within rabbinic Judaism. I will then point out the significant religious problems with the notion of chosenness, suggesting however two exceptions in which belief in chosenness might still be defensible. I will conclude this section with a discussion of rabbinic views on the conversion of minors, arguing that according to the mainstream rabbinic view, being a Jew is a merit only on the condition that a person is pious, a view which is not far from Spinoza’s own claims in the third chapter of the TTP. (shrink)

Theories of moral desert focus only on the personal culpability of the agent to determine the amount of blame and punishment the agent deserves. I defend an alternative account of desert, one that does not focus only facts about offenders and their offenses. In this revised framework, personal culpability can do no more than set upper and lower limits for deserved blame and punishment. For more precise judgments within that spectrum, additional factors must be considered, factors that are independent of (...) the agent and the offense. I refer to this as the ‘partial conception’ of desert because takes facts about victims—their behavior, desires, and attitudes—into account for desert judgments. On my view, then, agents who are equally culpable may deserve different amounts of blame or punishment, depending on these victim-related factors. (shrink)

Is the civic duty to report crime and corruption a genuine moral duty? After clarifying the nature of the duty, I consider a couple of negative answers to the question, and turn to an attractive and commonly held view, according to which this civic duty is a genuine moral duty. On this view, crime and corruption threaten political stability, and citizens have a moral duty to report crime and corruption to the government in order to help the government’s law enforcement (...) efforts. The resulting duty is triply general in that it applies to everyone, everywhere, and covers all criminal and corrupt activity. In this paper, I challenge the general scope of this argument. I argue that that the civic duty to report crime and corruption to the authorities is much narrower than the government claims and people might think, for it only arises when the state (i) condemns genuine wrongdoing and serious ethical offenses as “crime” and “corruption,” and (ii) constitutes a dependable “disclosure recipient,” showing the will and power to hold wrongdoers accountable. I further defend a robust duty to directly report to the public—one that is weightier and wider than people usually assume. When condition (ii) fails to obtain, I submit, citizens are released of the duty to report crime and corruption to the authorities, but are bound to report to the public, even when the denunciation targets the government and is risky or illegal. (shrink)

In 2018, the Art Gallery of Ontario retitled a painting by Emily Carr which contained an offensive word. Controversy ensued, with some arguing that unsanctioned changes to a work’s title infringe upon artists’ moral and free speech rights. Others argued that such a change serves to whitewash legacies of racism and cultural genocide. In this paper, I show that these concerns are unfounded. The first concern is not supported by law or the history of our titling practices; and the second (...) concern misses the mark by ignoring the gallery’s substantial efforts to avoid just such an outcome. Picking up on a suggestion from Loretta Todd, I argue that we can use Aboriginal Title as a model for thinking about the harms perpetuated by cultural appropriation, and the practices we should adopt to mitigate them. (shrink)

In this paper I focus on the work of Sayyid Qutb and in particular his book Milestones, which is often regarded as the Communist Manifesto of Islamic fundamentalism. This paper has four main sections. First I outline Qutb’s political position and in particular examine his advocacy of offensive jihad. In section two I argue that there are a number of tendencies that make his position potentially more liberal that it is often taken to be. I here argue that there are (...) at least six reasons why Qutb’s position is not intrinsically as anti-liberal as it might at first appear. First, many western liberals, influenced by the social contract tradition, regard the legitimacy of their societies as based on popular sovereignty. Qutb, however, regards a society based on popular sovereignty, where law emerges from the will of man rather than the will of God, as a form of tyranny, so it would seem that he is in principle opposed to Western liberal societies. It is not clear, however, that we, or Islamic fundamentalist, need to regard Western liberal societies as based on popular sovereignty, for it is always possible to interpret Western political institutions through the lens of natural law theory, which was one of the main sources of the liberal tradition. In this section I will compare Qutb’s political philosophy with that of Aquinas to illustrate this point and suggest the possibility of secularists and puritan Islamists being able to form an overlapping consensus on the legitimacy of liberal Western societies. Secondly, there is an analogue to the social contract in Qutb’s own position as he believes that legitimate authority requires the free submission of the governed. Thirdly, Qutb is in principle a fallibilist about human reason; this fallibilism extends even to our capacity to interpret divine revelation. Fourthly, Islamic universalism requires that Muslims regard enemies they might be fighting as potential converts. Fifthly, Qutb, like most Sunni fundamentalists, is an implacable enemy of theocracy. And finally, Qutb is a gradualist. In the third section I argue that the real danger for liberal societies from believers in a position like Qutb’s is sociological rather than intrinsic to the ideology – specifically, that there is a danger that such groups may develop in a ‘Leninist’ direction. In the final section I argue that one of the main reasons for this danger is the lack of a consensus in the Islamic world about what it is to be a good, or even a true, Muslim, and that the slow emergence of some sort of consensus will require a vigorous public debate amongst Muslims. Western liberals should welcome such debate rather than fearing such, and should do all they can to ensure that civil society, both in Western societies and in predominantly Islamic societies, is open to such debate. (shrink)

In this paper I adopt Kaplan’s framework for distinguishing between descriptive and expressive content. Racial slurs are an especially difficult challenge for truth-conditional semantics because of their projection behaviors. That is to say, the offensive content of slurs “scopes out” of logical operators. I argue that racial slurs express contempt and lack descriptive content, so that many sentences containing slurs are not truth apt. My theory accounts for the intuition of the ordinary speaker who refuses to assent to the truth (...) of a sentence containing a slur, but accepts the same statement made using a neutral counterpart of that slur. Weaknesses of rival theories are briefly discussed. (shrink)

This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...) worldwide phenomena, the international scholarly literature reflects limited awareness of these developments in Canadian law. This article remedies that gap in the literature. The Canadian experience with the definition of sexual consent as communicated “voluntary agreement” demonstrates the value of this conceptualization of consent; the definition provides a well-defined set of nondiscretionary reference points for legal analysis of the facts in sexual assault offenses. The effect is to facilitate effective enforcement of the sexual assault laws and affirm the right to sexual autonomy, sexual self-determination, and equality, consistent with fundamental principles of individual human rights. For all these reasons, familiarity with the Canadian experience may be useful to those engaged with the reform of rape and sexual assault laws in other jurisdictions. (shrink)

Recent arguments trying to justify further free speech restrictions by appealing to harms that are allegedly serious enough to warrant such restrictions regularly fail to provide sufficient empirical evidence and normative argument. This is also true for the attempt made by Bonotti and Seglow. They offer no valid argument for their claim that it is wrong to direct “religiously offensive speech” at “unjustly disadvantaged” minorities (thereby allegedly undermining their “self-respect”), nor for their further claim that this is not the case (...) when such speech is directed at “established majorities.” Moreover, their account has either counter-intuitive moral implications or succumbs to logical or pragmatic incoherence. Thus, they have not adduced convincing reasons to further restrict speech. In fact, some of the reasons for this failure provide, in turn, positive reasons in support of free speech. Two important (not new, but newly confirmed) reasons are that restricting free speech undermines both equal civic standing as well as fact-guided (as opposed to blindly ideological) policies. Free speech, in contrast, is indispensable for both. (shrink)

The alleged threats to human nature are at the root of many concerns about the use of nanotechnology to extend human health and capabilities. Bu the concept of human nature is illusory, selectively deployed, and does not impose any ethical constraint on human enhancement. Human nature is not only a meaningless concept, a product of our imperfect human cognition and a relic of the idea of a "soul," but, as it is deployed today against human enhancement technologies, it is also (...) a morally offensive, racist concept. The "human-racists" who deploy the concept of human nature are more inclusive than their forebears, but the make the same mistake of tying citizenship and value to biology. By setting aside the concept of human nature, we can affirm the value of the myriad aspects of human existence that we wish to preserve and extend using human enhancement technologies, including whatever genetic capacities and limits we may discover. Human enhancement technologies, such as those that may be enabled by nanotechnology and genetic engineering, enable us to define a new and more dynamic set of human capabilities, and to better achieve many moral virtues, regardless of whether they are part of "human nature" or not. (shrink)