There is an undeniable tendency to dismiss women’s sexual assault allegations out of hand. However, this tendency is not monolithic—allegations that black men have raped white women are often met with deadly seriousness. I argue that contemporary rape culture is characterized by the interplay between rape myths that minimize rape, and myths that catastrophize rape. Together, these two sets of rape myths distort the epistemic resources that people use when assessing rape (...) allegations. These distortions result in the unjust exoneration of people we cannot conceive of as monstrous, while making it too easy to believe that some marginalized people could be rapists. I also argue that rape myths enable a novel kind of epistemic injustice. This injustice concerns how our assessments of trustworthiness and our assessments of plausibility interact. I argue that rape myths can result in runaway credibility deflations that can explain both why people fail to believe most women, and also why people may unjustly believe false allegations that white women have been raped by black men. (shrink)

Rape and sexual assault are major problems. In the majority of sexual assault cases consent is the central issue. Consent is, to borrow a phrase, the ‘moral magic’ that converts an impermissible act into a permissible one. In recent years, a handful of companies have tried to launch consent apps which aim to educate young people about the nature of sexual consent and allow them to record signals of consent for future verification. Although ostensibly aimed at addressing the problems (...) of rape and sexual assault on university campuses, these apps have attracted a number of critics. In this paper, I subject the phenomenon of consent apps to philosophical scrutiny. I argue that the consent apps that have been launched to date are unhelpful because they fail to address the landscape of ethical and epistemic problems that arise in the typical rape or sexual assault case: they produce distorted and decontextualised records of consent which may in turn exacerbate the other problems associated with rape and sexual assault. Furthermore, because of the tradeoffs involved, it is unlikely that app-based technologies could ever be created that would significantly address the problems of rape and sexual assault. (shrink)

The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...) sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather than (...) simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...) v Edmondson SKQB (2003). Both were sexual assault cases. In George a thirty-five year old woman with five children was tried and ultimately acquitted of sexual assault and sexual interference after she was assaulted in her home by a fourteen year old male. Striking similarities between the reasoning and language in the trial decision in George and the sentencing decision in Edmondson demonstrate entrenched antipathy for sexual assault law and the fundamental principles of justice, equality, and impartiality. This is arguably judicial misconduct, persisting despite access in the interim to many years of judicial education programming, not merely legal error. The problem does not lie with the judge alone, however. A toxic mix of misogyny and blindly zealous enforcement of the law appears to have undermined the administration of justice in George from the outset at all levels. The problems are systemic. Were this not the case, it is likely that Barbara George would not have been charged. (shrink)

Collected and edited by Noah Levin -/- Table of Contents: -/- UNIT ONE: INTRODUCTION TO CONTEMPORARY ETHICS: TECHNOLOGY, AFFIRMATIVE ACTION, AND IMMIGRATION 1 The “Trolley Problem” and Self-Driving Cars: Your Car’s Moral Settings (Noah Levin) 2 What is Ethics and What Makes Something a Problem for Morality? (David Svolba) 3 Letter from the Birmingham City Jail (Martin Luther King, Jr) 4 A Defense of Affirmative Action (Noah Levin) 5 The Moral Issues of Immigration (B.M. Wooldridge) 6 The Ethics of our (...) Digital Selves (Noah Levin) -/- UNIT TWO: TORTURE, DEATH, AND THE “GREATER GOOD” 7 The Ethics of Torture (Martine Berenpas) 8 What Moral Obligations do we have (or not have) to Impoverished Peoples? (B.M. Wooldridge) 9 Euthanasia, or Mercy Killing (Nathan Nobis) 10 An Argument Against Capital Punishment (Noah Levin) 11 Common Arguments about Abortion (Nathan Nobis & Kristina Grob) 12 Better (Philosophical) Arguments about Abortion (Nathan Nobis & Kristina Grob) -/- UNIT THREE: PERSONS, AUTONOMY, THE ENVIRONMENT, AND RIGHTS 13 Animal Rights (Eduardo Salazar) 14 John Rawls and the “Veil of Ignorance” (Ben Davies) 15 Environmental Ethics: Climate Change (Jonathan Spelman) 16 Rape, Date Rape, and the “Affirmative Consent” Law in California (Noah Levin) 17 The Ethics of Pornography: Deliberating on a Modern Harm (Eduardo Salazar) 18 The Social Contract (Thomas Hobbes) -/- UNIT FOUR: HAPPINESS 19 Is Pleasure all that Matters? Thoughts on the “Experience Machine” (Prabhpal Singh) 20 Utilitarianism (J.S. Mill) 21 Utilitarianism: Pros and Cons (B.M. Wooldridge) 22 Existentialism, Genetic Engineering, and the Meaning of Life: The Fifths (Noah Levin) 23 The Solitude of the Self (Elizabeth Cady Stanton) 24 Game Theory, the Nash Equilibrium, and the Prisoner’s Dilemma (Douglas E. Hill) -/- UNIT FIVE: RELIGION, LAW, AND ABSOLUTE MORALITY 25 The Myth of Gyges and The Crito (Plato) 26 God, Morality, and Religion (Kristin Seemuth Whaley) 27 The Categorical Imperative (Immanuel Kant) 28 The Virtues (Aristotle) 29 Beyond Good and Evil (Friedrich Nietzsche) 30 Other Moral Theories: Subjectivism, Relativism, Emotivism, Intuitionism, etc. (Jan F. Jacko). (shrink)

We consider the complex interactions between rape culture and epistemology. A central case study is the consideration of a deferential attitude about the epistemology of sexual assault testimony. According to the deferential attitude, individuals and institutions should decline to act on allegations of sexual assault unless and until they are proven in a formal setting, i.e., a criminal court. We attack this deference from several angles, including the pervasiveness of rape culture in the criminal justice system, the epistemology (...) of testimony and norms connecting knowledge and action, the harms of tacit idealizations away from important contextual factors, and a contextualist semantics for 'knows' ascriptions. (shrink)

Soon there will be sex robots. The creation of such devices raises a host of social, legal and ethical questions. In this article, I focus in on one of them. What if these sex robots are deliberately designed and used to replicate acts of rape and child sexual abuse? Should the creation and use of such robots be criminalised, even if no person is harmed by the acts performed? I offer an argument for thinking that they should be. The (...) argument consists of two premises. The first claims that it can be a proper object of the criminal law to regulate wrongful conduct with no extrinsically harmful effects on others. The second claims that the use of robots that replicate acts of rape and child sexual abuse would be wrongful, even if such usage had no extrinsically harmful effects on others. I defend both premises of this argument and consider its implications for the criminal law. I do not offer a conclusive argument for criminalisation, nor would I wish to be interpreted as doing so; instead, I offer a tentative argument and a framework for future debate. This framework may also lead one to question the proposed rationales for criminalisation. (shrink)

Social epistemologists use the term hermeneutical injustice to refer to a form of epistemic injustice in which a structural prejudice in the economy of collective interpretive resources results in a person’s inability to understand his/her/their own social experience. This essay argues that the phenomenon of unacknowledged date rapes, that is, when a person experiences sexual assault yet does not conceptualize him/her/their self as a rape victim, should be regarded as a form of hermeneutical injustice. The fact that the concept (...) of date rape has been widely used for at least three decades indicates the intractability of hermeneutical injustices of this sort and the challenges with its overcoming. (shrink)

In 2012, the politician Todd Akin caused a firestorm by suggesting, in the context of an argument about the moral permissibility of abortion, that some forms of rape were. This seemed to imply that other forms of rape must not be legitimate. In response, several commentators pointed out that rape is a and that there are. While the intention of these commentators was clear, I argue that they may have played into the very stereotype of rape (...) endorsed by Akin. Such a response, I claim, actually obscures a range of sexual harms, including some that may not rise to the level of being a crime. I also offer some thoughts on the moral psychology behind anti-abortion arguments of the kind advanced by Akin. (shrink)

Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same action and intention. While some argue (...) luck should not bear on persons’ culpability, Victor Kumar has argued that the tendency to hold unlucky agents responsible for harm is justified by consequentialist aims of punishment (Kumar 2019). In contrast, judgments that focus on acts and intentions may be primarily retributive. Kumar claims that judgments focused on results track external, public harm because this increases the reliability of punishment and better achieves instrumental aims, including deterrent effect. In this chapter I examine rape cases using Kumar’s theory of punishment. Rape involves outcomes that are not publicly available. If judgments of punishment depend on outcomes, then we would expect such judgments to be less stable for those instances of wrongdoing that lack public outcomes such as rape, because such judgments would rely instead on often biased and unreliable inferential processes to establish the presence of mental states, which are essentially private. In this way Kumar’s theory actually predicts the way in which we see criminal justice institutions fail with regard to arrest, prosecution, and punishment related to rape; and we might expect similar failures for other crimes that lack publicly available results. In sum, a fundamental problem with institutionalized punishment centered upon results may be that some crimes sit within a moral blindspot. (shrink)

Several prominent theorists have recently advocated reconceptualizing rape as “nonconsensual sex,” omitting the traditional “force” element of the crime. I argue that such a conceptualization fails to capture what is distinctively problematic about rape for women and why rape is pivotal in supporting women’s gender oppression. I argue that conceptualizing rape as coerced sex can replace both the force and nonconsent elements and thereby remedies some of the main difficulties with extant definitions, especially in recognizing “acquaintance” (...) rape as such. I argue that this approach helps explain its distinctive badness both for the individual victims and for women as a group. (shrink)

Stephen Schulhofer's book, Unwanted Sex: The Culture of Intimidation and the Failure of Law, provides a carefully constructed and powerful case for rape-law reform. His effort is distinctive in three ways: (1) it takes the basic question of reform to be the moral one of determining which sexual interactions ought to be the subject of the criminal law, (2) it takes the right of sexual autonomy to serve as the basis for any successful legal reform, and (3) it makes (...) a philosophically sophisticated case for his own reform proposal. Schulhofer's efforts should be of great interest to philosophers, especially feminist legal philosophers, interested in questions that bear direct relevance to the relationships between autonomy, coercion, and consent as constrained by the requirements of due process. His careful and scrupulously fair discussion of influential reform recommendations set the stage for his own position (discussed in section VII), a critical evaluation thereof (sections VII and VIII), and sympathetic recommendations in VIII and IX. Of special value here is Schulhofer's attempt to extend his analysis of coerced consent to include certain "offers" made in contexts (e.g., the workplace) characterized by significant power differentials between persons. Section IX offers suggestions, generally friendly to Schulhofer's overall reform proposals, for identifying wrongful sexual interactions occurring in certain institutional or professional contexts. (shrink)

Argument about changes in the law of rape are logically dependent upon a prior definitional account. For any legal definition of an act, one can sensibly ask if that definition is right. To know whether the law is sound, one must first understand of what it is that the definition is a definition. For many parts of the criminal law, and the law of rape is one, the definitions on which the law moves are concepts perfectly accessible outside (...) and apart from the law. I have two aims for this article. The first is to argue for a particular conception of rape as the best understanding of the constellation of acts we conceptualize as rape. The second, less direct, is to show that traditional methods of conceptual analysis can contribute to legal and social scholarship and reform. (shrink)

This paper addresses the question of whether rape-law reform should treat all cases of simple rape—nonconsensual sex that does not involve the use or credible threat of physical force—as a serious crime. Of primary concern here are those sexual interactions, often referred to as “date rape” or “acquaintance rape,” where the coercive element is not physical force as evidenced by reasonable resistance. Should, as some feminist reformers have urged, felony rape include sexual interactions that may (...) not be fully consensual but do not include the use of physical force? If so, can convincing answers be provided for due process questions about what constitutes valid consent to sex and how to tell when it is present. This paper warns of the difficulties in determining what counts as evidence of nonconsent and mens rea in light of the “linkage thesis” which takes valid consent in these cases to be bilateral and interactive, and to imply the absence of mens rea. Given the complexity of norms governing these sexual interactions and the high likelihood of reasonable mistakes about consent, this paper contends that criminalizing these cases of simple rape will often result in the unjust treatment of the relevant parties. (shrink)

Some philosophical theories of the nature of color aim to respect a "common sense" conception of color: aligning with the common sense conception is supposed to speak in favor of a theory and conflicting with it is supposed to speak against a theory. In this paper, we argue that the idea of a "common sense" conception of color that philosophers of color have relied upon is overly simplistic. By drawing on experimental and historical evidence, we show how conceptions of color (...) vary along several dimensions and how even supposedly "core" components of the contemporary "common sense" conception of color are less stable than they have been thought to be. (shrink)

Ephecticism is the tendency towards suspension of belief. Epistemology often focuses on the error of believing when one ought to doubt. The converse error—doubting when one ought to believe—is relatively underexplored. This essay examines the errors of undue doubt. I draw on the relevant alternatives framework to diagnose and remedy undue doubts about rape accusations. Doubters tend to invoke standards for belief that are too demanding, for example, and underestimate how farfetched uneliminated error possibilities are. They mistake seeing how (...) incriminating evidence is compatible with innocence for a reason to withhold judgement. Rape accusations help illuminate the causes and normativity of doubt. I propose a novel kind of epistemic injustice, for example, wherein patterns of unwarranted attention to farfetched error possibilities can cause those error possibilities to become relevant. Widespread unreasonable doubt thus renders doubt reasonable and makes it harder to know rape accusations. Finally, I emphasise that doubt is typically a conservative force and I argue that the relevant alternatives framework helps defend against pernicious doubt-mongers. (shrink)

Standards of reasonability play an important role in some of the most difficult cases of rape. In recent years, the notion of the reasonable person has supplanted the historical concept of the reasonable man as the test of reasonability. Contemporary feminist critics like Catharine MacKinnon and Kim Lane Scheppele have challenged the notion of the reasonable person on the grounds that reasonability standards are gendered to the ground and so, in practice, the reasonable person is just the reasonable man (...) in a gender neutral guise. These critics call for the explicit employment of a reasonable woman standard for application to the actions of female victims of rape. But the arguments for abandoning a gender-neutral standard are double-edged and the employment of gendered standards of reasonability is likely to have implications that are neither foreseen by, nor acceptable to, advocates of such standards. Reasonable agent standards can be dropped, in favor of appeals to the notion of a reasonable demand by the law. However, if reasonable agent standards are to be retained, gendered versions of such standards are not preferable to gender-neutral ones. (shrink)

In *Engaging Capital Emotions,* Douglas Berman and Stephanos Bibas argue that emotion is central to understanding and evaluating the death penalty, and that the emotional case for the death penalty for child rape may be even stronger than for adult murder. Both the Berman and Bibas article and the subsequent Supreme Court decision in Kennedy v. Louisiana (striking down the death penalty for child rape) raise difficult questions about how to measure the heinousness of crimes other than murder, (...) and about the role the pain suffered by victims and victims' families should play in this inquiry. In this Reply, I agree with the authors on the importance of confronting emotion's role in capital punishment, for reasons I discuss in Part A. However, I disagree with their claim that the moral outrage evoked by child rape supports making it a capital crime. Part B explores the difficulties of using the existence of moral outrage as a measure of appropriate punishment. Part C argues that the penal system should not merely reflect moral outrage, but channel and educate it. It suggests that the availability of the death penalty may create an anchoring effect, communicating the message that the death penalty is the proper way to express moral outrage and to honor the worth of murder victims. It explores the consequences of this message. Section II focuses on the role of emotion in deciding whether child rape should be a capital crime. Part A considers the problematic role of victim harm in determining whether the death penalty is appropriate. It explores the question, raised in Kennedy v Louisiana, of whether the effect of a capital trial on child rape victims ought to be part of the calculus. Part B argues that there are three particular problems with allowing juries to sentence child rapists to death: the deleterious effect of anger and empathy, the problem of generic prejudice, and the issue of race. (shrink)

Lack of consent is valorized within popular culture to the point that sexual assault has become a spectator sport and creepshot entertainment on social media. Indeed, the valorization of nonconsensual sex has reached the extreme where sex with unconscious girls, especially accompanied by photographs as trophies, has become a goal of some boys and men.

Myths are specific accounts of gods or super-human beings involved in extraordinary events or circumstances in a time that is unspecified but which is understood as existing apart from ordinary human experience. Myths are also accounts of the origin of societies and institutions not necessarily subject to rationalization. A totem on the other hand is an animal, a plant or any other natural object believed to be ancestrally related to a tribe, clan, family or group of people as (...) a tutelary spirit. The aim of this chapter is to critically examine the existence and significance of African myths/totems in their association with the environment in Tiv society. Emphasis is particularly on the Ikyalem (green snake) myth and totemic beliefs such as dog meat, Ibohough (Gardenia erubescens), Ivervese (Typlops punctatus) and several others - associated with the cultural history of the Tiv of Central Nigeria. The nature, types and reasons for the formulation of myths, and how the environment pave the way for a meaningful existence of myths in Tivland is also examined. This research is timely and most importantly problem solving, because of the fast disappearance of the knowledge of myths and totems in Tiv society. Data for this research has been collected through In-Depth Interviews, key informants and Focus Group Discussion with elders, traditional heads and other people with good knowledge of myths and totemic beliefs in Tiv society. In addition to this, secondary data were also acquired from existing literatures to collaborate oral information. (shrink)

Sexuel offences are classified in six groups and the most serious one is raping. If defloration is accompained with this offence, the punishment will increase seriously. -/- In this paper, the raping on the woman was violated through vagina have been investigated and at the offence fixation, the importance of the hymen have been determined.

Feminist critics of evolutionary psychology are often accused of committing the naturalistic fallacy, that is, of inferring certain normative conclusions from evolutionary psychology’s purely descriptive accounts. This article refutes the accusation of the naturalistic fallacy, by showing that evolutionary psychology’s accounts of human behavior are not purely descriptive, but rather grounded on biased value judgments. A paradigmatic example is Randy Thornhill and Craig Palmer’s well-known book A Natural History of Rape. I argue that at least three biased judgments are (...) at work in Thornhill and Palmer’s evolutionary psychology account of rape: (1) adaptationist approaches to evolution, (2) willful ignorance of cultural and social context, and (3) binary understanding of gender and sex. In that Thornhill and Palmer’s account cannot hold without the three biased value judgments, it is not a purely factual description of rape. Therefore, feminist concerns over its normative implications do not commit the naturalistic fallacy, as it is not the case that they infer a normative conclusion from a pure description. (shrink)

“Myth” comprises the first chapter of the book, The Logic of the Imagination, by Miki Kiyoshi. In this chapter Miki analyzes the significance of myth (shinwa) as possessing a certain reality despite being “fictions.” He begins by broadening the meaning of the imagination to argue for a logic of the imagination that involves expressive action or poiesis (production) in general, of which myth is one important product. The imagination gathers in myth material from the environing world lived by the social (...) collectivity. Its formation of images (Bilder) expresses the pathos of a people vis-à-vis their environment, but myth also contains elements of logos in the form of intellectual representations and figures. And their combination becomes expressed externally by stimulating and guiding action. In this way Miki argues that myths contain both emotive and kinetic elements, which by moving people to action, are capable of making history. Thus rooted in the symbiosis between individual and social and between society and environment, myth possesses a “historical creativity.” And he also argues that myths can be present with a sense of reality at any epoch in history, even today, wherever and whenever their primeval power is felt to function, “drawing out” a new reality, a new world, out of the natural world. (shrink)

Jordan Peterson has attracted a high level of attention. Controversies may bring people into contact with Peterson's work, but ideas are arguably what keep them there. Focusing on those ideas, this book explores Peterson’s answers to perennial questions. What is common to all humans, regardless of their background? Is complete knowledge ever possible? What would constitute a meaningful life? Why have humans evolved the capacity for intelligence? Should one treat others as individuals or as members of a group? Is a (...) single person powerless in the face of evil? What is the relation between speech, thought, and action? Why have religious myths and narratives figured so prominently in human history? Are the hierarchies we find in society good or bad? After devoting a chapter to each of these questions, Champagne unites the different strands of Peterson’s thinking in a handy summary. Champagne then spends the remaining third of the book articulating his main critical concerns. He argues that while building on tradition is inevitable and indeed desirable, Peterson’s individualist project is hindered by the non-revisable character and self-sacrificial content of religious belief. This engaging multidisciplinary study is ideal for those who know little about Peterson’s views, or for those who are familiar but want to see more clearly how Peterson’s views hang together. The debates spearheaded by Peterson are in full swing, so Myth, Meaning, and Antifragile Individualism should become a reference point for any serious engagement with Peterson’s ideas. (shrink)

One of the most historically recent and damaging blows to the reputation of utopianism came from its association with the totalitarian regimes of Hitler’s Third Reich and Mussolini’s Fascist party in World War II and the prewar era. Being an apologist for utopianism, it seemed to some, was tantamount to being an apologist for Nazism and all of its concomitant horrors. The fantasy principle of utopia was viewed as irretrievably bound up with the irrationalism of modern dictatorship. While these conclusions (...) are somewhat understandable given the broad strokes that definitions of utopia are typically painted with, I will show in this paper that the link between the mythos of fascism and the constructs of utopianism results from an unfortunate conflation at the theoretical level. The irrationalism of any mass ethos and the rationalism of the thoughtful utopian planner are, indeed, completely at odds with each other. I arrive at this conclusion via an analysis of the concepts of myth and narrative, and the relationships these have with the concept of utopia. (shrink)

There are a number of premises underlying much of the vigorous debate on pharmacological cognitive enhancement. Among these are claims in the enhancement literature that such drugs exist and are effective among the cognitively normal. These drugs are deemed to enhance cognition specifically, as opposed to other non-cognitive facets of our psychology, such as mood and motivation. The focus on these drugs as cognitive enhancers also suggests that they raise particular ethical questions, or perhaps more pressing ones, compared to those (...) raised by other kinds of neuroenhancement. Finally, the use of these drugs is often claimed to be significant and increasing. Taken together, these premises are at the heart of the flurry of debate on pharmacological cognitive enhancement. In this article, it is argued that these are presumptions for which the evidence does not hold up. Respectively, the evidence for the efficacy of these drugs is inconsistent; neurologically it makes little sense to distinguish the cognitive from non-cognitive as separate targets of pharmacological intervention; ethically, the questions raised by cognitive enhancement are in fact no different from those raised by other kinds of neuroenhancement; and finally the prevalence rates of these drugs are far from clear, with the bulk of the claims resting on poor or misrepresented data. Greater conceptual clarity along with a more tempered appreciation of the evidence can serve to deflate some of the hype in the associated literature, leading to a more realistic and sober assessment of these prospective technologies. (shrink)

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

The principle of compositionality requires that the meaning of a complex expression remains the same after substitution of synonymous expressions. Alleged counterexamples to compositionality seem to force a theoretical choice: either apparent synonyms are not synonyms or synonyms do not syntactically occur where they appear to occur. Some theorists have instead looked to Frege’s doctrine of “reference shift” according to which the meaning of an expression is sensitive to its linguistic context. This doctrine is alleged to retain the relevant claims (...) about synonymy and substitution while respecting the compositionality principle. Thus, Salmon (Philos Rev 115(4):415, 2006) and Glanzberg and King (Philosophers’ Imprint 20(2):1–29, 2020) offer occurrence-based accounts of variable binding, and Pagin and Westerståhl (Linguist Philos 33(5):381–415, 2010c) argue that an occurrence-based semantics delivers a compositional account of quotation. Our thesis is this: the occurrence-based strategies resolve the apparent failures of substitutivity in the same general way as the standard expression-based semantics do. So it is a myth that a Frege-inspired occurrence-based semantics affords a genuine alternative strategy. (shrink)

In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere that the kind of (...) thin consent that the law focuses on is not enough ethically and it should not be enough legally to justify sexual penetration. I advocate sexual negotiation, where individuals discuss sexual desires and boundaries and agree to engage in penetration before it occurs, except under circumstances in which the partners have a reasonable basis to assess one another's nonverbal behavior. I argue that not only is verbal consultation about desire ordinarily ethically necessary before most acts of sexual penetration, it should be legally required. Consultation to ascertain sexual desires and boundaries assures that both parties desire penetration. (shrink)

ABSTRACTThe close connection often cited between Hegel and Wilfrid Sellars is not only said to lie in their common negative challenges to the ‘framework of givenness,’ but also in the positive less...

In the early twentieth century Walter Benjamin introduced the idea of epochal and ongoing progression in interaction between mind and the built environment. Since early antiquity, the present study suggests, Benjamin’s notion has been manifest in metaphors of gender in city-form, whereby edifices and urban voids have represented masculinity and femininity, respectively. At the onset of interaction between mind and the built environment are prehistoric myths related to the human body and to the sky. During antiquity gender projection can (...) be detected in western perceptions linking natural and built environments, commencing with Plato’s Atlantis and his Myth of Er, and later as a likely import of the Chinese yin-yang mythology. Culminating with the Age of Discovery, alongside advances in experiential awareness of the Earth’s sphericity, respective feminine and masculine earmarks can be detected in early modern perspicacity of the Earth’s southern and northern hemispheres. Our conceptions of natural and built environments inherently continue to contain gender traits. Yet urban voids, as the feminine face of city-form, have been severely understated in the built environment. Through design and configuration of urban voids, allegories of femininity in city-form ought to be celebrated, not discarded. (shrink)

This metatheoretical paper investigates mind wandering from the perspective of philosophy of mind. It has two central claims. The first is that, on a conceptual level, mind wandering can be fruitfully described as a specific form of mental autonomy loss. The second is that, given empirical constraints, most of what we call “conscious thought” is better analyzed as a subpersonal process that more often than not lacks crucial properties traditionally taken to be the hallmark of personal-level cognition - such as (...) mental agency, explicit, consciously experienced goal-directedness, or availability for veto control. I claim that for roughly two thirds of our conscious life-time we do not possess mental autonomy (M-autonomy) in this sense. Empirical data from research on mind wandering and nocturnal dreaming clearly show that phenomenally represented cognitive processing is mostly an automatic, non-agentive process and that personal-level cognition is an exception rather than the rule. This raises an interesting new version of the mind-body problem: How is subpersonal cognition causally related to personal-level thought? More fine-grained phenomenological descriptions for what we called “conscious thought” in the past are needed, as well as a functional decomposition of umbrella terms like “mind wandering” into different target phenomena and a better understanding of the frequent dynamic transitions between spontaneous, task-unrelated thought and meta-awareness. In an attempt to lay some very first conceptual foundations for the now burgeoning field of research on mind wandering, the third section proposes two new criteria for individuating single episodes of mind-wandering, namely, the “self-representational blink” (SRB) and a sudden shift in the phenomenological “unit of identification” (UI). I close by specifying a list of potentially innovative research goals that could serve to establish a stronger connection between mind wandering research and philosophy of mind. (shrink)

Wilfrid Sellars’ “myth of the given” had a momentous influence on 20th-century epistemology, putting under pressure the internalist foundationalism so prominent in early analytic philosophy. In this paper, I argue that the core themes in Sellars’ argument are anticipated in the work of the London philosopher and psychologist Beatrice Edgell (1871-1948). Indeed, in some respects Edgell’s argument against the myth of the given is even more compelling than Sellars’. The paper logically reconstructs and historically contextualizes Edgell’s line of argument, as (...) emerging out of a critique of Russell’s epistemology, with the goal of showing that the “myth of the given” effectively predated Sellars by four decades. (shrink)

Supervenience is necessary co-variation between two sets of entities. In the good old days, supervenience was considered a useful philosophical tool with a wide range of applications in the philosophy of mind, metaethics, epistemology, and elsewhere. In recent years, however, supervenience has fallen out of favor, giving place to grounding, realization, and other, more metaphysically “meaty”, notions. The emerging consensus is that there are principled reasons for which explanatory theses cannot be captured in terms of supervenience, or as the slogan (...) goes: “Supervenience Is Nonexplanatory”. While SIN is widely endorsed, it is far from clear what it amounts to and why we should believe it. In this paper, I will distinguish various theses that could be meant by it, and will argue that none of them is both interesting and plausible: on some interpretations of ‘explanatory’, we have no reason to believe that supervenience is unexplanatory, while on other interpretations, supervenience is indeed unexplanatory, but widely accepted textbook cases of explanatory relations come out as unexplanatory, too. This result raises doubts as to whether there is any interesting sense in which SIN is true, and suggests that the contemporary consensus about supervenience is mistaken. (shrink)

There is a widespread attitude in epistemology that, if you know on the basis of perception, then you couldn't have been wrong as a matter of chance. Despite the apparent intuitive plausibility of this attitude, which I'll refer to here as “stochastic infallibilism”, it fundamentally misunderstands the way that human perceptual systems actually work. Perhaps the most important lesson of signal detection theory (SDT) is that our percepts are inherently subject to random error, and here I'll highlight some key empirical (...) research that underscores this point. In doing so, it becomes clear that we are in fact quite willing to attribute knowledge to S that p even when S's perceptual belief that p could have been randomly false. In short, perceptual processes can randomly fail, and perceptual knowledge is stochastically fallible. The narrow implication here is that any epistemological account that entails stochastic infallibilism, like safety, is simply untenable. More broadly, this myth of stochastic infallibilism provides a valuable illustration of the importance of integrating empirical findings into epistemological thinking. (shrink)

Works of science fiction tend to describe hypothetical futures, or counterfactual pasts or presents, to entertain their readers. Philosophical thought experiments tend to describe counterfactual situations to test their readers’ philosophical intuitions. Indeed, works of science fiction can sometimes be read as containing thought experiments. I compare one especially famous thought experiment from Plato’s Republic with what I read as two thought experiments from Isaac Asimov’s Foundation Trilogy. All three thought experiments concern myths used in political contexts, and comparing (...) them permits me to analyze the morality of political mythologizing. (shrink)

The notion that rape is an act of violence rather than sex is a central tenet in rape crisis support and education. A therapeutic benefit of this conceptualisation of rape is that it counters shame and guilt by affirming that the victim was not a complicit partner in an act of sex. However, this conceptualisation has recently been criticised for not capturing what makes rape an especially serious kind of wrong. This raises an apparent dilemma for (...) rape crisis support. Recent work in analytic moral philosophy on the nature of rape offers a way to resolve this dilemma. It is argued that rape is not sex, but is nonetheless sexual. This distinction allows for a charitable reformulation of the central tenet in rape crisis support, which can facilitate the dual therapeutic aims of countering the sense of shame and of recognising the especially serious kind of the harm suffered by the victim. (shrink)

The concept of philosophy as a philosophical problem.--Critical idealism as a philosophy of culture.--Descartes, Leibniz, and Vico.--Hegel's theory of the State.--The philosophy of history.--Language and art I.--Language and art II.--The educational value of art.--Philosophy and politics.--Judaism and the modern political myths.--The technique of our modern political myths.--Reflections on the concept of group and the theory of perception.

Many natural scientists of the past and the present have imagined that they pursued their activity according to its own inherent rules in a realm distinctly separate from the business world, or at least in a realm where business tended to interfere with science from time to time, but was not ultimately an essential component, ‘because one thought that in science one possessed and loved something unselfish, harmless, self-sufficient, and truly innocent, in which man’s evil impulses had no part whatever’, (...) as Nietzsche once commented (Nietzsche 1974, p.106). With the extreme technological changes that have occurred in the last fifty years and the orchestrated management changes in the culture of science, it is now obvious that science is intimately tied to private businesses, industry, and society. Within this structure, the scientist has generally unknowingly defined him or herself in accordance with obsolete myths that have tended to handicap the scientist’s freedom of action, by obscuring the modern political and economic realities of science, and neglecting the inherent responsibilities of the scientist as a critical actor in the theater of human civilization. The increasing incorporation of academic science and private industry, and the governmentally supervised nature of modem academic science, has corrupted the traditional freedom and character of the scientist. In order to navigate oneself and find meaning within the new structure of science, scientists now desperately need a fresh ethos that at once considers modern realities of the politics and management of science, societal urgencies, and global politics, as well as establishing a moral perspective where modern scientists can be actors with their own intentionality and responsibility. -/- In the culture of science, myths and ideologies are of critical importance for the formation of the scientist, because these ideas determine how scientists conceive of themselves as professionals and free individuals. More importantly, these ideas determine how scientists approach scientific activity, which exists in a social context, and which ultimately has the potential to dramatically change the characteristics of civilization as it is played out on the political and technological battlefield. It is a commonly held notion in the community of the natural sciences that science now is essentially what it was when it was described by the Nobel laureates of the past; those sweet, cushioning, pleasant words consecrating the ‘temple of science’; the picture of a humble, rational, and noble Einstein is imprinted into our memories. By dismantling these obsolete myths of the scientist and surveying contemporary trends in science, this article will explore a more realistic perspective toward the field of science. The goal of this investigation is to determine the modern reality and ultimate meaning of ‘science as a vocation’ (Shorett 2003). Finally, moral philosophy will be demonstrated to be a critical clement in the self-assertion of the scientist and the elucidation of the meaning of science as a vocation in a global technological society. -/- From the Postscript, 2015: This article took final form when I was a postdoctoral researcher in Canada. Reading it now, I recognize the article still has value, despite its many flaws, hyperboles, and idealism. Many issues in the article have become increasingly relevant, such as the need to make constant trade-offs in courses of action and continuously search for more morally significant research paths. Perhaps the greatest goals in writing the article were to increase intellectual control over the path of my scientific research, to escape the increasing conformity and constraints on modern life, to participate in an open society, to formulate my personal goals and goal hierarchies, to dispel any delusions of overconfidence, and to not be corrupted. (shrink)

In this paper I examine the dispute between Hakwan Lau, Ned Block, and David Rosenthal over the extent to which empirical results can help us decide between first-order and higher-order theories of consciousness. What emerges from this is an overall argument to the best explanation against the first-order view of consciousness and the dispelling of the mythological notion of phenomenological overflow that comes with it.

This paper argues that three characteristic modern positions concerning intentionality – namely, (1) that intentionality is ‘the mark of the mental’; (2) that intentionality concerns a specific type of objects having intentional inexistence; and (3) that intentionality somehow defies logic – are just three ‘modern myths’ that medieval philosophers, from whom the modern notion supposedly originated, would definitely reject.

This article argues the following points. The Hobbesian hypothesis, which we define as the claim that all people are better off under state authority than they would be outside of it, is an empirical claim about all stateless societies. It is an essential premise in most contractarian justifications of government sovereignty. Many small-scale societies are stateless. Anthropological evidence from them provides sufficient reason to doubt the truth of the hypothesis, if not to reject it entirely. Therefore, contractarian theory has not (...) done what it claims to do: it has not justified state sovereignty to each person subject to it by demonstrating that they benefit from that authority. To be justified in contractarian terms, states have to do something to improve the living standards of disadvantaged people under their rule. (shrink)

The identity theory’s rise to prominence in analytic philosophy of mind during the late 1950s and early 1960s is widely seen as a watershed in the development of physicalism, in the sense that whereas logical behaviourism proposed analytic and a priori ascertainable identities between the meanings of mental and physical-behavioural concepts, the identity theory proposed synthetic and a posteriori knowable identities between mental and physical properties. While this watershed does exist, the standard account of it is misleading, as it is (...) founded in erroneous intensional misreadings of the logical positivists’—especially Carnap’s—extensional notions of translation and meaning, as well as misinterpretations of the positivists’ shift from the strong thesis of translation-physicalism to the weaker and more liberal notion of reduction-physicalism that occurred in the Unity of Science programme. After setting the historical record straight, the essay traces the first truly modern identity theory to Schlick’s pre-positivist views circa 1920 and goes on to explore its further development in Feigl, arguing that the fundamental difference between the Schlick-Feigl identity theory and the more familiar and influential Place-Smart-Armstrong identity theory has resurfaced in the deep and seemingly unbridgeable gulf in contemporary philosophy of consciousness between inflationary mentalism and deflationary physicalism. (shrink)

It is widely accepted that valid consent is a necessary condition for permissible sexual activity. Since non-human animals, children, and individuals who are severely cognitively disabled, heavily intoxicated or unconscious, lack the cognitive capacity to give valid consent, this condition explains why it is impermissible to have sex with them. However, contrary to common intuitions, the same condition seems to render it impermissible to have sex with robots, for they too are incapable of consenting to sex due to insufficient cognitive (...) capacitation. This paper explores whether the intuition that non-consensual sex with robots is permissible can be vindicated, whilst preserving valid consent as a general requirement for permissible sexual activity. I develop and evaluate four possible ways to argue that there is a morally significant difference between robots on the one hand, and insufficiently cognitively capacitated humans and non-human animals on the other hand, to substantiate and justify the intuition that it is permissible to have non-consensual sex with the former but not with the latter. (shrink)

-/- ABSTRACT: The concept of beauty has been central to the understanding of Aesthetics, but most modern scholars examine and celebrate Aesthetics presupposing that beauty exists in this Universe, and that by merely being patrons and proponents of art, they can exercise their metaphysical-value judgment however they feel is fulfilling. Contemporary artists fail to realize the etiology and phenomenological value of beauty. The perfect exemplification of this can be seen in the veritable themes and allegories of Postmodernism. The fetishistic penchant (...) of Post-structuralists and Post-modernists has made the treatment of art and literature destructively convoluted and obfuscated, and offers infinite leeway for analysis of any kind. The trite adage ''Kill the writer’’ has been grossly misused and misidentified. Having said that, this essay also does not aim to blindly ridicule Postmodernism, and It will be apparent from the tone of the essay that I myself subscribe to the incontrovertible absolutism that Postmodernism offers, but only in the sense of axiom and logic. I, however, do not value and extol the senseless plurality and verbosity of non-analytical assessment that is ubiquitously pronounced in Postmodern content. (shrink)

Buddhism almost spread densely in India for about six hundred years and also got support of kings and states and it also flourished not only in terms of treasurer but also in state power like of Christianity after the downfall of Romans in Europe. Words of Gautama Buddha after attaining Nirvana were against of any religious rituals and practises but after His death, gradually his words become another religion. Buddhism flourished and flourished rapidly on the Aryan land and also prospered (...) and therefore also brought many evils in the then society and this new native ideology altered the Hindu race of Aryans. (shrink)

In a recent essay, Donald Dripps advanced what he calls a “commodification theory” of rape, offered as an alternative to understanding rape in terms of lack of consent. Under the “commodification theory,” rape is understood as the expropriation of sexual services, i.e., obtaining sex through “illegitimate” means. One aim of Dripps's effort was to show the inadequacy of consent approaches to understanding rape. Robin West, while accepting Dripps's critique of consent theories, criticizes Dripps's commodification approach. In (...) its place, West suggests a more phenomenological approach. The author argues that neither Dripps nor West offers convincing critiques of consent-based theories; the alternatives they offer presuppose the vitality of a consent-based approach to understanding rape; and that both Dripps and West consistently conflate more general moral and political issues with that of the nature of rape. (shrink)