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.

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.

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)

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)

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)

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)

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)

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.

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)

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)

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)

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)

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)

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)

In this article I draw on resources from the African philosophical tradition to construct a theory of human rights grounded on dignity that presents a challenge to the globally dominant, autonomy-based approach. Whereas the latter conceives of human rights violations as degradations of our rational nature, the former does so in terms of degradations of our relational nature, specifically, our capacity to be party to harmonious or friendly relationships. Although I have in the past presented the basics of the Afro-relational (...) approach, in this article I defend it from objections and also go on the offensive by arguing that understanding the human rights violations of torture and rape to be (roughly) behavior that treats innocent parties in an extremely discordant or unfriendly way is, if not more plausible than standard Kantian understandings, then at least a promising alternative to them. (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)

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)

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)

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)

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)

Slurs are incendiary terms so much that many ordinary speakers and theorists deny that sentences containing them can ever be true, and utterances where they occur embedded within normally "quarantining" contexts, like conditionals and indirect reports, are still typically offensive. At the same time, however, many speakers and theorists also find it obvious that sentences containing slurs can be true; and there are clear cases where embedding does inoculate a speaker from the slur's offensiveness. I argue that four standard (...) accounts of the "other" element that differentiates slurs from their more neutral counterparts semantic content, perlocutionary effect, presupposition, and conventional implicature all fail to account for this puzzling mixture of intuitions about truth, and for this mixture of projection and quarantining. Instead, I propose that slurs make two distinct, coordinated contributions to a sentence's conventional communicative role: predication of group membership and endorsement of a derogating perspective on the group. Predication of group membership is "at issue" by default, but different semantic and conversational contexts can alter the relative prominence and scope of the two contributions. (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)

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 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 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)

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)

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. I argue that the referral requirement is justifiable, although not in the way that (...) people usually assume that it is. (shrink)

Torture porn has been vilified on grounds that are at best unconvincing and at worst incoherent. The subgenre’s remonstrators too often ignore the content of the films themselves, and fail to make sufficiently detailed connections between the subgenre and the cultural sphere. Reactions to torture porn rarely consider what values the films apparently contravene, and why, if the films are offensive, they are simultaneously so popular. The central derisive mechanism in operation is the ill-conceived combination of ‘torture’ and ‘porn’ itself. (...) The use of ‘porn’ as a label works to illegitimate torture porn and demand that body-horror retreat to its more ‘fitting’ position on the outskirts of the cultural radar. However, this approach is too busy pointing at violence, and fails to deal with the fact that sex is displaced. If violence is now pornographic, it is unclear what position sexual portrayals occupy, or whether they are still perceived as more offensive than violent representations. Furthermore, it is uncertain how we are to describe sexual images if that is the case, since the lexicon of offense has been waylaid. Torture porn’s critics commonly fail to account for the new context of ‘porn plus horror’, and what that combination says about visual representation and its limits. This chapter is a step towards rectifying that oversight. (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)

The present volume is the fifth in the series of yearbooks with the title Globalistics and Globalization Studies. The subtitle of the present volume is Global Transformations and Global Future. We become more and more accustomed to think globally and to see global processes. And our future can all means be global. However, is this statement justified? Indeed, in recent years, many have begun to claim that globalization has stalled, that we are rather dealing with the process of anti-globalization. Will (...) not we find ourselves at some point again in an edifice spanning across the globe, but divided into national apartments, separated by walls of high tariffs and mutual suspicion? Of course, some setbacks are always possible, because the process of globalization cannot develop smoothly. It is a process which is itself emerging from contradictions and is shaped by a new contradiction. They often go much further than underlying systemic changes allow. They break forward, as the vanguard of a victorious army, and then often meet resistance of various social and political forces and may suddenly start to roll back just at the moment when everyone expects their further offensive. We believe that this is what is happening with globalization at present. The yearbook will be interesting to a wide range of researchers, teachers, students and all those who are concerned about global issues. (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)

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.

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)

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)

Dignity is prominently endorsed in healthcare, organizations, and law. However, humanities research casts doubt over the utility of this concept, disputing that “dignity” captures any unique ethical value distinguishable from “respect”. Here, we test a recent proposal that dignity entails special regard for humiliation. We created a set of vignettes describing a ‘perpetrator’ making offensive remarks or gestures to a ‘victim’, and asked lay participants to rate how well each offense corresponds to a dignity violation as opposed to a respect (...) violation. We manipulated the victims’ resulting emotions within-subject, across ‘humiliation’, ‘anger’, and ‘baseline’ conditions, while controlling for other factors (e.g. victim’s gender, vulnerability). We found substantial evidence (BF=4.11) for our preregistered hypothesis that humiliation increased dignity-relatedness ratings as compared to the baseline condition, and very strong evidence when compared to the anger condition (BF=84.75). These findings provide empirical backing to dignitarian ethics with applications in healthcare, organizations, and law. (shrink)

The KK thesis says (roughly) that if S knows that P, then S knows that S knows that P. Though controversial, KK may be able to neatly explain an otherwise puzzling datum: namely, that assertions of the form “P, but I don’t know if I know that P” are infelicitous. If KK is true, those assertions are unknowable, and hence guaranteed to violate a knowledge norm on assertion. For many, the fact that KK (if true) can so explain that datum (...) is a strong consideration in its favor. This paper undermines that argument for KK. It first goes on the offensive, arguing that the more plausible “weak KK” gives a worse explanation of the datum. It then proposes an explanation which does not rely on any version of KK, but rather a "believe that you know" norm on assertion. Together, these moves undermine the linguistic argument for KK, and so significantly weaken the case for KK. (shrink)

To become a public figure or celebrity, I claim, is to exist alongside a zombie version of yourself. This zombie shares the same name and physical likeness but operates independently of its flesh-and-blood counterpart. In fact, public figures do not have any special authority over the zombie version of themselves, and in some contexts, they enjoy less authority over their zombie counterparts than others do. In the US, for example, public figures are not legally entitled to protections against criticism via (...) parody, which can include unauthorized use of their likeness for offensive images, insulting jokes, and other forms of public mockery. As Michel Foucault observed, a work is entitled to become the “murderer” of its author, which suggests that the author’s name exists among the living dead. An artist’s works can bear their name yet operate independently of their attitudes or mental states. In June of 2019, the master rights to Taylor Swift’s first six albums were sold without her knowledge or consent, effectively “murdering” her rights as their author. Swift’s 2019 decision to re-record her first six studio albums can thus be understood as an act of institutional revenge, a way to get back at the people who have wielded power over her and the institutions that enable exploitation—a battle with her zombified works: the “stolen” original albums. In this chapter I sketch an institutional theory of celebrity names to explain the institutional, personal, and political significance of self-appropriation, using Taylor Swift’s act of re-recording her own music as a paradigm case. (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)

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)

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)

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)

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)

This study investigated the students’ perception of discipline management and their academic performance in Cross River State. Two null hypotheses were formulated to guide the study. The study adopted a correlational research design while a simple random sampling technique was used in selecting a sample of 180 students. The instrument used for data collection was a questionnaire tagged: “Students’ Perception of Discipline Management and Academic Performance Questionnaire (SPDMAPQ).” Pearson product moment correlation statistical technique was used to test the null hypotheses (...) at .05 level of significance and 178 degrees of freedom. The findings revealed that students’ perception of suspension and expulsion management is significantly related to their academic performance respectively. Based on these findings, it was recommended among other things that; parents should encourage their children/ward to maintain good attitudes that will not lead to their suspension or withdrawal from school; and that principals should listen properly to offenses of students and mete out the right discipline so that students will not be suspended or expelled in an unjustifiable manner. (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)

Helen Frowe (2014) depicts the following fictional case: Fran is being raped by Eric and can’t stop him with violent resistance. Nevertheless, she resists and breaks Eric’s wrist. The infliction of defensive harm on Eric is intuitively permissible, yet it runs counter to the dominant view that defensive harms must stand a reasonable chance of success. Call this the Success Condition (SC). To solve this problem, Daniel Statman (2008) contends that even if Victim’s defensive harms fail to prevent her rape, (...) they do prevent the destruction of another good, her honor, and thus SC is satisfied. Recently, Joseph Bowen (2016) has critiqued Statman’s proposal by showing that honor-based justifications for defensive harming are too permissive. In this paper, I contend that Statman’s proposal is too restrictive. First, I review Statman’s accounts of honor, dishonor, and non-honor. Second, I argue that Statman’s account requires Fran’s honor to be lost or damaged if she doesn’t resist—a highly offensive conclusion about rape victims. Third, I explain why the best alternative to this (i.e., allowing Fran’s honor to be maintained either way) satisfies SC but not the necessity condition. I conclude that we ought to reject Statman’s solution. (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)

Inequalities of social goods between gender, racial, or other groups call out for explanation. Such inequalities might be explained by socialization and discrimination. But historically some have attributed these inequalities to biological differences between social groups. Such explanations are highly controversial: on the one hand, they have a very troubling racist and sexist history, but on the other hand, they are empirical claims, and so it seems inappropriate to rule them out a priori. I propose that the appropriate epistemic attitude (...) toward biological explanations of social inequalities is a general but defeasible skepticism. I then turn to the appropriate moral attitude, arguing that when such explanations are inadequately supported, they are offensive. (shrink)

In this essay I try to link Derek Hook’s interpretation of Žižek’s reading of Lacan of racial resentment as a kind of jouissance or enjoyment to what Christian Fuchs terms an ideology of hate. In my view, slurs are instances of subordinating speech partially to dehumanize targets but primarily function to signal and deploy ideology. The enjoyment racists derive from using a slurring term from a key feature of the offensiveness of a slurring term. My objective is two-fold. I (...) intend to (1) outline and argue for the enjoyment account of subordinating speech as an improvement upon prohibitionist accounts of slurring terms offensive content and (2) illustrate how slurs function in a libidinal system to reproduce and reinforce ideology. An enjoyment account of subordinating speech depends upon an interpretation of Lacanian concept of jouissance and symptom, supplemented by Hook’s libidinal object. (shrink)

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)