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

This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific (...) person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well -- acquaintances, supervisors or co-workers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges, to truncate legal analysis of the facts and leap to erroneous conclusions about “consent.” Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of pre-judgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used. (shrink)

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length in (...) “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

The chapter, while exploring the interconnections between Plato’s Republic and Aristophanes’ Ecclesiazusae, postulates the existence of a third common source, which was presumably Hippodamus’ project of the best constitution. Hippodamus embraced the Pythagorean idea that the leading role in the polis should pertain to a group of morally and intellectually perfect philosophers who live on a communist basis; on this background, he proposed a tripartite functional division of the city. Aristophanes had adopted this model and reformulated it comically by identifying (...) the ruling group with women. This comical travesty then successfully manifested the fundamental connection between nourishing, sexuality and ruling. In the Republic, Plato integrates all these impulses into the dialectical context and develops a theory of naturalness of the political community. (shrink)

Most models of generational succession in sexually reproducing populations necessarily move back and forth between genic and genotypic spaces. We show that transitions between and within these spaces are usually hidden by unstated assumptions about processes in these spaces. We also examine a widely endorsed claim regarding the mathematical equivalence of kin-, group-, individual-, and allelic-selection models made by Lee Dugatkin and Kern Reeve. We show that the claimed mathematical equivalence of the models does not hold. *Received January 2007; revised (...) April 2008. †To contact the authors, please write to: Elisabeth Lloyd, Department of History and Philosophy of Science, 130 Goodbody Hall, Indiana University, Bloomington, IN 47405; e-mail: [email protected]; Richard Lewontin, Department of Organismic and Evolutionary Biology, Harvard University, 26 Oxford Street, Cambridge, MA 02138; Marcus Feldman, Department of Biological Sciences, Stanford University, Stanford, CA 94305; e-mail: [email protected]. (shrink)

What does it mean to treat people as equals when the legacies of feudalism, religious persecution, authoritarian and oligarchic government have shaped the landscape within which we must construct something better? This question has come to dominate much constitutional practice as well as philosophical inquiry in the past 50 years. The combination of Second Wave Feminism with the continuing struggle for racial equality in the 1970s brought into sharp relief the variety of ways in which people can be treated unequally, (...) while respecting the formalities of constitutional government. Most obviously, the content of laws can mistreat them by wrongfully assuming that they are either threats to others, or that, like children, they need to be protected from harm through paternalistic limitations on their freedom of action. Or, as those concerned with class inequality have long noted, formal equality can create legal requirements, permissions, and prohibitions whose burdens fall predictably, and often solely, on groups who are already marginalised, and most in need of state protection. (Kairys, David 1990) Above all, what these two great political movements made plain, is that a concern for group inequality and, specifically, group injustice must figure in the formulation and adjudication of individual rights, if legal protections for equality are adequately to combat the causes of inequality. Getting to grips with that challenge, it became obvious, required going beyond the familiar analyses of inequality inherited from Liberalism and Marxism, given the many different ways in which people can be equal or unequal.(Hackett and Haslanger 2006, 3 - 15) In the first part of this chapter, I will seek to illustrate these claims, by focusing on efforts to reframe the theory and practice of constitutional equality given demands for sexual and racial equality. I will then show that analytic philosophy has also come to recognise the various non-reducible dimensions of equality in ways that reinforce the claims of critical legal theory, even as philosophers highlight their disconcerting consequences. If equality has multiple irreducible dimensions, conflicts between the legitimate demands of equality are unavoidable features of law and politics, even in the best possible world, and are likely to be particularly painful when set against a background of historical injustice. The chapter concludes with the challenges to democratic constitutionalism, and the scope for constructive responses to those challenges, which the rapprochement between critical and analytic thinking on equality suggests. (shrink)

A survey of recent literature would suggest that Aristotle has become a whipping boy for philosophers who would advocate equality between the sexes. What I hope to show is that we can actually advance the cause of sexual equality by treating him more judiciously. Aristotle does argue that men and women by nature have different psychologies, and even that men are psychologically superior to women. But contrary to what many today think he himself does not conclude from this proposition that (...) men and women ought to have roles entirely different within a city. Indeed, he leaves ample room in his theory for women to participate in political rule. We shall see by his own arguments that all women ought to have a vote in general assemblies, and that some women ought to hold high political office. (shrink)

Gender, sexuality and embodiment in digital spheres have been increasingly studied from various critical perspectives: From research highlighting the articulation of intimacies, desires, and sexualities in and through digital spaces to theoretical explorations of materiality in the digital realm. With such a high level of (inter)disciplinarity, theories, methods, and analyses of gender, sexuality, and embodiment in relation to digital spheres have become highly diversified. Aiming to reflect this diversity, this special issue brings together innovative and newly developed theoretical, (...) empirical, analytical, and critical approaches in the study of gender, sexuality, and embodiment in digital spheres. By connecting intersectionality and digitality to one another, it adopts an integrated approach that reflects the intricacy and interconnectedness of social categories and markers of difference, privilege, performance, and discrimination. The contributions explore a range of differently situated digital cultural practices, including intimate and sexual experiences with(in) digital media, online self-presentation, expressions of digital resistance, and forms of backlash and online attacks. What connects all these articles, is their critical approach to intersectional inequalities and privileges in relation to digitality, plus their nuanced perspective on gender, sexuality, and embodiment interferentially. The final article is based on a roundtable discussion and aims to encourage interdisciplinary connections and suggests ways of doing research that builds bridges between academia and activism. (shrink)

As an indirect ethical theory, rule consequentialism first evaluates moral codes in terms of how good the consequences of their general adoption are and then individual actions in terms of whether or not the optimific code authorises them. There are three well-known and powerful objections to rule consequentialism’s indirect structure: the ideal world objection, the rule worship objection, and the incoherence objection. These objections are all based on cases in which following the optimific code has suboptimal consequences in the real (...) world. After outlining the traditional objections and the cases used to support them, this paper first constructs a new hybrid version of consequentialism that combines elements of both act and rule consequentialism. It then argues that this novel view has sufficient resources for responding to the previous traditional objections to pure rule consequentialism. (shrink)

This essay aims to clarify the debate over same-sex unions by comparing it to the fourth-century conflict concerning the nature of Jesus Christ. Although some suppose that the council of Nicaea reiterated what Christians had always believed, the Nicene theology championed by Athanasius was a dramatic innovation that only won out through protracted struggle. Similarly, despite the widespread assumption that Christian tradition univocally condemns homosexuality, the concept of sexuality is a nineteenth-century invention with no exact analogue in the ancient (...) world. Neither heterosexuality nor homosexuality is addressed directly in Christian tradition; for this reason, the significance of older authorities for the modern debate is necessarily indirect. The dichotomy between progressive and conservative positions is therefore misguided: it is necessary neither to abandon tradition for the sake of progress nor to oppose innovation for the sake of fidelity. (shrink)

In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the (...) record, this paper: (1) examines relationships between legal errors dealing with availability of the defence of “belief in consent” and interpretation of the “all reasonable steps” provision, the need for retrials, and apprehended race-gender-age bias and discrimination; and 2) proposes incremental and systemic remedies to address the weaknesses in police, prosecutorial and judicial policy and practice highlighted by this case. (shrink)

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This paper explores how realism is crucial in understanding rule-following. The strategy involves starting from what has been achieved by Wittgenstein and others as regards semantic normativity and then applying it to other areas, including moral deliberation. The result shows that realism in rule-following involves not only the weak claim that rules are independent of the individual rule-follower, as conventions are. It involves also the stronger claim that conventional rules are constrained by non-conventional constraints. These constraints depend neither on the (...) individual nor on the group. They arise from the nature of things. Human rule-followers are constrained first by being material beings, secondly by being living organisms, and thirdly by being rational. (shrink)

Although the map of technology ethics is expanding, the growing subdomains within it may raise misgivings. In a recent and very interesting article, Sætra and Danaher have argued that the current dynamic of sub-specialization is harmful to the ethics of technology. In this commentary, we offer three reasons to diminish their concern about ethical proliferation. We argue first that the problem of demarcation is weakened if we attend to other sub-disciplines of technology ethics not mentioned by these authors. We claim (...) secondly that the logic of sub-specializations is less problematic if one does adopt mixed models (combining internalist and externalist approaches) in applied ethics. We finally reject that clarity and distinction are necessary conditions for defining sub-fields within ethics of technology, defending the porosity and constructive nature of ethical disciplines. (shrink)

In this essay I point out parallels between Kant’s theory of aesthetics and Wittgenstein’s discussion of rule following. Although Wittgenstein did not write an aesthetics and Kant did not discuss Wittgensteinian rule-following problems, and although both Kant and Wittgenstein begin at very different starting points and use different methods, they end up dealing with similar issues, namely issues about rules, particularity, exemplarity, objectivity, practice, and as-if statements.

This paper examines constitutional issues concerning same-sex marriage. Although same-sex relations concern broader ethical issues as well, I set these aside to concentrate primarily on legal questions of privacy rights and equal protection. While sexual orientation is neither a suspect classification like race, nor a quasi classification like gender, there are strong reasons why it should trigger heightened scrutiny of legislation using sexuality as a standard of classification. In what follows, I argue that equal-protection doctrine is better suited for (...) including same-sex couples where legal benefits and burdens of marriage are at stake. (1) I reconstruct arguments from privacy and the controversial ruling of Bowers v. Hardwick but discount this strategy for problematic legal reasons. (2) In order for equal protection to apply, sexual orientation must meet the criteria of suspect classification that the Court has established. (3) Since sexual orientation meets these criteria, heightened scrutiny should be applied to such legislation on equal-protection grounds. (4) Finally, I rely on some familiar Rawlsian arguments of public justification that demonstrate why this extension of marriage rights is consistent with basic constitutional principles. (shrink)

Joan McGregor argues that “colleges and universities should adopt as part of their core mission the development of skills of civil discourse” rather than engaging in the practice of restricting controversial speakers from making presentations on campuses. I agree with McGregor concerning the need for increased civil discourse. However, this does not mean universities should welcome speakers to publicly present any material they wish without restriction or oversight. In this paper, I make three main arguments: (i) Colleges and universities have (...) a duty to protect members of the campus community from the harm and exclusion resulting from hateful or harmful speech, in the same way that they must protect them from sexual assaults and concussions. (ii) In the vast majority of cases, this duty can be fulfilled by holding speakers to standards of discourse that prevail in academic debate, and insisting on a number of procedural requirements. (iii) We should be wary of conservative arguments framed in terms of free speech, because they can be deployed to undermine important functions of the university in a democratic society, namely, to teach students how to be discerning citizens, and to protect thinkers willing to be critical of the government and the ruling classes. (shrink)

I argue that rule consequentialism sometimes requires us to act in ways that we lack sufficient reason to act. And this presents a dilemma for Parfit. Either Parfit should concede that we should reject rule consequentialism (and, hence, Triple Theory, which implies it) despite the putatively strong reasons that he believes we have for accepting the view or he should deny that morality has the importance he attributes to it. For if morality is such that we sometimes have decisive reason (...) to act wrongly, then what we should be concerned with, practically speaking, is not with the morality of our actions, but with whether our actions are supported by sufficient reasons. We could, then, for all intents and purposes just ignore morality and focus on what we have sufficient reason to do, all things considered. So if my arguments are cogent, they show that Parfit’s Triple Theory is either false or relatively unimportant in that we can, for all intents and purposes, simply ignore its requirements and just do whatever it is that we have sufficient reason to do, all things considered. (shrink)

John Broome’s Rationality Through Reasoning is a trail-blazing study of the nature of rationality, the nature of reasoning and the connection between the two. But it may be somewhat misleading in two respects. First, his theory of reasoning is consistent with the meta-propositional view that he rejects; it develops a broadly similar theory but in much greater detail. And while his discussion of rule-following helps to explain the role of rules in reasoning, it does not constitute a response to the (...) classic problem associated with Wittgenstein and Kripke. (shrink)

This article advances two views on the role of evaluative judgment in clinical assessments of decision-making capacity. The first is that it is rationally impossible for such assessments to exclude judgments of the values a patient uses to motivate their decision-making. Predictably, and second, attempting to exclude such judgments sometimes yields outcomes that contain intractable dilemmas that harm patients. These arguments count against the prevailing model of assessment in common law countries—the four abilities model—which is often incorrectly advertised as being (...) value-neutral in respect of patient decision-making both by its proponents and in statute. A straightforward evaluative model of capacity assessment which wears its values on its sleeves and is biased against what are called ‘serious prudential mistakes’ avoids these rational and practical problems. (shrink)

The article discusses the limitations of psycho-physical parallellism and the implications of a pscycho-physical interaction paradigm considering the notion Downward Causation. The focus is on the notion of levels in nature and their interrelations, and it argues that the notion of rule-based systems should be considered a subcategory of rule-generating systems partly based on redundancy functions rather than rules.

Semantic holists view what one's terms mean as function of all of one's usage. Holists will thus be coherentists about semantic justification: showing that one's usage of a term is semantically justified involves showing how it coheres with the rest of one's usage. Semantic atomists, by contrast, understand semantic justification in a foundationalist fashion. Saul Kripke has, on Wittgenstein's behalf, famously argued for a type of skepticism about meaning and semantic justification. However, Kripke's argument has bite only if one understands (...) semantic justification in foundationalist terms. Consequently, Kripke's arguments lead not to a type of skepticism about meaning, but rather to the conclusion that one should be a coherentist about semantic justification, and thus a holist about semantic facts. (shrink)

Testimony about the future dangerousness of a person has become a central staple of many judicial processes. In settings such as bail, sentencing, and parole decisions, in rulings about the civil confinement of the mentally ill, and in custody decisions in a context of domestic violence, the assessment of a person’s propensity towards physical or sexual violence is regarded as a deciding factor. These assessments can be based on two forms of expert testimony: actuarial or clinical. The purpose of this (...) paper is to examine the scientific and epistemological basis of both methods of prediction or risk assessment. My analysis will reveal that this kind of expert testimony is scientifically baseless. The problems I will discuss will generate a dilemma for factfinders: on the one hand, given the weak predictive abilities of the branches of science involved, they should not admit expert clinical or actuarial testimony as evidence; on the other hand, there is a very strong tradition and a vast jurisprudence that supports the continued use of this kind of expert testimony. It is a clear case of the not so uncommon conflict between science and legal tradition. (shrink)

In this paper, an attempt has been made to discover the key concepts in Foucault’s philosophy. The author tries to highlight the Foucauldian perspective as unique. There is an attempt to establish a relationship between the concepts and the concerns of sexuality. Furthermore, there are references to some of the social institutions to justify this relationship while concluding with an emphasis on the relevance of sex education in society.

The new narcissist is haunted not by guilt but by anxiety. He seeks not to inflict his own certainties on others but to find a meaning in life. Liberated from the superstitions of the past, he doubts even the reality of his own existence. Superficially relaxed and tolerant, he finds little use for dogmas of racial and ethnic purity but at the same time forfeits the security of group loyalties and regards everyone as a rival for the favors conferred by (...) a paternalistic state. His sexual attitudes are permissive rather than puritanical, even though his emancipation from ancient taboos brings him no sexual peace. Fiercely competitive in his demand for approval and acclaim, he distrusts competition because he associates it unconsciously with an unbridled urge to destroy. Hence he repudiates the competitive ideologies that flourished at an earlier stage of capitalist development and distrusts even their limited expression in sports and games. He extols cooperation and teamwork while harboring deeply antisocial impulses. He praises respect for rules and regulations in the secret belief that they do not apply to himself. Acquisitive in the sense that his cravings have no limits, he does not accumulate goods and provisions against the future, in the manner of the acquisitive individualist of nineteenth-century political economy, but demands immediate gratification and lives in a state of restless, perpetually unsatisfied desire. (shrink)

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

Examines the place of rules in virtue ethics, and concludes by reviewing examples that the idea that virtue ethics can have no place for rules is groundless.

In the attempt of defending an interpretation of David Hume's moral and political philosophy connected to classical utilitarianism, intervenes in a key way the so called problem of the " Sensitive Knave " raised by this author at the end of his more utilitarian work, the Enquiry Concerning the Principles of Morals. According to the classic interpretation of this fragment, the utilitarian rationality in politics would clash with morality turning useless the latter. Therefore, in the political area the defense of (...) a moral utilitarianism would be an auto contradictory task. In order to show that, first, Hume does not say anything similar to this and second, that even indicates the way of overcoming this apparent contradiction between morality and rationality, we analyze briefly the arguments from which there comes basically this "anti-utilitarian" standard interpretation, and we defend an interpretation of the humean discussion on the problem of the supposed conflict between morality and rationality, or of rational incentives for immoral behavior, which allows to explain better Hume's position on this problem. Finally, we propose an instance of overcoming the contradiction morality/ rationality by a rule adjusted utilitarianism centered on the idea of the "progressive development of artificial institutions of reinforcement of morality", that Hume himself would suggest in other places in which he approaches the topic of the apparent contradiction between "morality" and "knavery". We propose also possible lines of future development of this idea, between them its use to clarify the relation of David Hume's thought with certain forms of contemporary liberalism. (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)

The four case studies below were designed as a workshop in a research setting. They could also be used as a lesson plan for college students. The material is divided into four case studies. One can use any of the case studies independently. One can change the order in which the case studies are used. If you want to share with me how you plan to use these case studies, communicate to me at [email protected] • Case 1: Does the Bible (...) require that marriage be limited to one man and one woman? • Case 2: Matthew Vines, a fervent believer wrestling with loneliness • Case 3: Does the Bible support the contention that marriage rules never change? • Case 4: The Emergence and Disappearance of Levirate Marriages . (shrink)

There is hardly any theme in Karl Marx’s theoretical corpus that has garnered as much traction as his theory of fetishism. Ever since Marx introduced the term into his critique of political economy in Capital, fetishism became a field of theoretical force, creating its own gravitational center toward which the interest of later generations of historians, social theorists, and political activists has been pulled. While much ink has been spilled on the specific content and theoretical scope of fetishism in Capital (...) for over one and a half centuries, young Marx’s initial exploration of the term rarely enjoyed critical attention. This is especially true in regard to the period from his early journalism in the Rheinische Zeitung (1842–43) to his Economic and Philosophical Manuscripts of 1844. (shrink)

Derek Parfit’s On What Matters endorses Kantian Contractualism, the normative theory that everyone ought to follow the rules that everyone could rationally will that everyone accept. This paper explores Parfit’s argument that Kantian Contractualism converges with Rule Consequentialism. A pivotal concept in Parfit’s argument is the concept of impartiality, which he seems to equate agent-neutrality. This paper argues that equating impartiality and agent-neutrality is insufficient, since some agent-neutral considerations are silly and some are not impartial. Perhaps more importantly, there is (...) little realistic prospect of Kantian Contractualism converging with Rule Consequentialism unless the same impartial reasons drive rule selection in the two theories. (shrink)

What explains the distinctive features of human behavior? In this book, Stewart-Williams aims to answer this ambitious question. This book is an engaging addition to the already long list of recent attempts to provide an evolutionary explanation of human uniqueness. It is organized into six chapters, plus two appendices. These chapters address several key topics in evolutionary theory, sex differences and sexual behavior, altruism, and cultural evolution, albeit with varying degrees of detail and depth. These topics include sexual selection, kin (...) selection, Hamilton’s rule, reciprocal altruism, costly signaling theory, group selection, gene-centered views of evolution, inclusive fitness, proximate and ultimate evolutionary explanations, inbreeding avoidance, the Westermarck effect, jealousy, sperm competition, mating and parenting effort, cumulative cultural evolution, imitation and learning biases, evolutionary mismatch theories, and more. (shrink)

Catholic sexual ethics proposes a number of exceptionless moral norms. This distinguishes it from theories which deny the possibility of any exceptionless moral norms (e.g. the proportionalist approach proposed in the aftermath of "Humanae Vitae" and condemned in "Veritatis Splendor"). I argue that Catholic teaching on sexual ethics refers to chosen physical structures in such a way as to make ‘new natural law’ theory inherently unstable. I outline a theory of “the moral act” (Veritatis Splendor 78) which emphasises the place (...) which chosen physical features – in particular, chosen sexual structures – play in specifying human actions. I conclude that this account, involving what I term UMDAs, is needed to make sense of the Church’s teaching in these areas. (shrink)

Whether in the form of testimonial injustice, hermeneutical injustice, or contributory injustice, epistemic injustice is characterised an injustice rather than simply an epistemic harm because it is often motivated by an identity prejudice and exacerbates existing social disadvantages and inequalities. I argue that epistemic injustice can also be utlised against some members of privileged social identity groups in order to preserve the dominant status of the group as a whole. As a case-study, I analyze how the harms to male victims (...) of sexual violence is exacerbated by the failure of the law to recognise the rape of men as a crime and the failure of other people to recognise the testimony of male rape victims as credible. Analyzing shifts in the legal concept of rape and examples from Project Unbreakable, I uncover how these failures of recognition undermine the victims’ status as legal, moral, and epistemic subjects and inflict epistemic injustice against them. (shrink)

Gender, race, and sexuality are not just identities; they are also systems of social organization – i.e., systems of privilege and oppression. This article addresses two main ways privilege and oppression (e.g., racism, misogyny, heteronormativity) are relevant topics in and for philosophical aesthetics: (i) the role of the aesthetic in privilege and oppression, and (ii) the role of philosophical aesthetics, as a discipline and a body of texts, in constructing and naturalizing relations of privilege and oppression (i.e., white heteropatriarchy). (...) The first part addresses how systems of privilege and oppression use the aesthetic. I will discuss various ways race, gender, and sexuality, as both embodied identities and broader social institutions, work with and through “the aesthetic”. The second part addresses racism and (hetero) sexism in the discipline of aesthetics. Both in its history and its present practice aesthetics’apparent neutrality on questions of privilege and oppression is actually evidence of its investment in systems of privilege and oppression. (shrink)

Abstract: The study observes the core of both trafficking in persons and security offering a preliminary understanding the interconnection between the two concepts which is indeed a precondition of the more thorough contemplation of this security problem. Noteworthy is also the further elaboration of the risk that link between violence and modern-day slavery represents having in mind society and the individual. This informal economy violates the principle of morality and is understood to be one of the most offensive crimes. Its (...) elementary features are psychological and/ or physical torture, coercing into engaging in the violation of the law and established social norms as well as transporting and harboring. The consequence of all of this is the material gain, whereas the victim appears as Machiavellian means the gain will justify. Trafficking emerges in different forms, the most discernible of which are forced labor and sexual exploitation that is among the hardest forms of desecrating human soul. Unfortunately, it is a common phenomenon that many people (some independent estimates mention a figure of several million) around the world, women and children, in particular, every year become victims of this violence. Tough living conditions, as well as uncertain economic future, are among fundamental causes infecting healthy society. If a well-organised criminal network or a ‘hidden economy’ succeeds to impose the rule of conduct, then human trafficking finds fertile soil in which to grow. Having been lured the victims later realize where they are, but many never return to their families, and that terrible fate should make society do what can be done and help them. -/- Key words: Human, state, trafficking, security, smuggling. (shrink)

During the past two decades or so, the emergence and ever-accelerating development of digital media have sparked scholarly interest, debates, and complex challenges across many disciplines in the social sciences and the humanities. Within this diverse scholarship, the research on digitality, gender, sexuality, and embodiment has contributed substantially to many academic fields, such as media studies, sociology, religion, philosophy, and education studies. As a part of the special issue “Gender, Sexuality, and Embodiment in Digital Spheres: Connecting Intersectionality and (...) Digitality,” this roundtable consists of a conversation between five researchers from different (inter)disciplinary locations, all addressing matters of methodology, intersectionality, positionality, and theory in relation to the topics of gender, sexuality, and embodiment in digital spheres. Said roundtable begins with a critical self-positioning of the participants’ (inter)disciplinary and embodied locations using examples from their own research. The conversation then progresses to how these researchers have employed contemporary theories, conceptual vocabularies, methods, and analyses of gender, sexuality, and embodiment in digital spheres to then conclude with some ethico-political notes about collaborations between scholars and (digital) activists. (shrink)

‘Rule-following’ is a name for a cluster of phenomena where we seem both guided and “normatively” constrained by something general in performing particular actions. Understanding the phenomenon is important because of its connection to meaning, representation, and content. This article gives an overview of the philosophical discussion of rule-following with emphasis on Kripke’s skeptical paradox and recent work on possible solutions. Part I of this two-part contribution was devoted to the basic issues from Wittgenstein to Kripke. Part II is about (...) recent answers to the skeptical paradox and Boghossian’s and Wright’s new puzzles. (shrink)

In this chapter, Natasha McKeever and Luke Brunning consider (sexual) jealousy in romantic life. They argue that jealousy is best understood as an emotional response to the threatened loss of love or attention, to which one feels deserving, because of a rival. Furthermore, the general value of jealousy can be questioned, and jealousy’s instrumental value needs to be balanced against a range of potential harms. They assess two potential ways of managing jealousy (which are not mutually exclusive)—firstly by adopting a (...) policy of monogamy and secondly by engaging in emotional work. Neither of these methods is easy, and neither will solve jealousy altogether, but Brunning and McKeever argue that the second strategy should be taken more seriously. (shrink)

Objective Our study sought to (1) describe the practices and preferences of Colombian adolescents in accessing sexual and reproductive health services: accompanied versus alone; (2) compare actual practices with stated preferences; and (3) determine age and gender differences regarding the practice and these stated preferences. -/- Methods 812 participants aged 11–24 years old answered a survey in two Profamilia clinics in the cities of Medellin and Cali in Colombia. A cross-sectional analysis was performed to compare participants’ answers based on the (...) variables of gender and age. -/- Results A quarter of participants visited the clinic alone (25.4%). Females were more likely to go alone in comparison to males (26.3% vs 14.1%; p = 0.031), and older participants went alone more often than younger participants (p < 0.001). Most participants – 72.7% (95 %CI: 69.3–75.9) – expressed a preference in being accompanied to the clinic, and more than 90% had their preferences met. The preferences of older participants were, however, less likely to be met than those of younger participants (p < 0.001), notably, because they predominantly wanted to be accompanied. -/- Conclusion Contemporary public health and bioethics literature advocates in favor of developing health services that better meet the preferences of adolescents. The present research highlights an apparent blind spot related to the role that others (e.g., parents, friends, partners) can or should play in accompanying adolescent patients when they access sexual and reproductive health services. Respecting adolescents’ preferences, and hence their autonomy, is not simply a matter of ensuring freedom from constraints (e.g., their right and ability to go alone). Rather, it should also consider the liberty to choose whether to be accompanied when accessing SHRS and by whom. (shrink)

What faculty of our mind is best suited to endow us with all that is required to carry forth our moral enterprise? In other words, what are the cognitive resources that subserve the moral mind? This is a core empirical question, raised much to the delight of the investigative inquisitiveness of the moral psychologists. But the philosophical connection to this problem can be traced back to as far in time as that of Plato the main tenet of whose tripartite theory (...) of soul was that the rational element of the soul is like the charioteer who holds sway over his two horses – the manageable one, i.e. the spirited element and the unwieldy one, i.e. the vegetative, emotionally unruly element of the soul. And the era of reasonemotion debate begins, percolating into the field of moral beliefs that we inculcate and judgments that we pronounce. The mainstay of this short paper is a comparative analysis of two recently emerging theoretical frameworks claimed to be underlying moral judgments – one espoused by moral psychologist Jonathan Haidt claims that moral judgment is primarily elicited unconsciously by affectdriven intuition and the other put forward by philosopher Shaun Nichols attempts to highlight the conscious deliberation about moral rules. After critical analysis of both the views, this work suggests that a syncretic approach to the aetiological theorization about moral judgment may provide some silver lining. (shrink)

What faculty of our mind is best suited to endow us with all that is required to carry forth our moral enterprise? In other words, what are the cognitive resources that subserve the moral mind? This is a core empirical question, raised much to the delight of the investigative inquisitiveness of the moral psychologists. But the philosophical connection to this problem can be traced back to as far in time as that of Plato the main tenet of whose tripartite theory (...) of soul was that the rational element of the soul is like the charioteer who holds sway over his two horses – the manageable one, i.e. the spirited element and the unwieldy one, i.e. the vegetative, emotionally unruly element of the soul. And the era of reason-emotion debate begins, percolating into the field of moral beliefs that we inculcate and judgments that we pronounce. The mainstay of this short paper is a comparative analysis of two recently emerging theoretical frameworks claimed to be underlying moral judgments - one espoused by moral psychologist Jonathan Haidt claims that moral judgment is primarily elicited unconsciously by affect-driven intuition and the other put forward by philosopher Shaun Nichols attempts to highlight the conscious deliberation about moral rules. After a critical analysis of both the views, this work suggests that a syncretic approach to the aetiological theorization about moral judgment may provide some silver lining. -/- . (shrink)

I discuss a neglected solution to the skeptical problem introduced by Lewis Carroll’s “What the Tortoise Said to Achilles” (1895) in terms of a self-citational inferential license. I then consider some responses to this solution. The most significant response on behalf of the skeptic utilizes the familiar distinction between two ways of accepting a rule: as action-guiding and as a mere truth. I argue that this is ultimately unsatisfactory and conclude by opting for an alternative conception of rules as representations (...) of behavior deployed for various purposes, some theoretical and others practical. This alternative conception does not allow the skeptical problem to get off the ground. (shrink)

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

In this paper I challenge the commonly held view that Plato acknowledges and accepts the possibility of akrasia in the Laws. I offer a new interpretation of the image of the divine puppet in Book 1 - the passage often read as an account of akratic action -- and I show that it is not intended as an illustration of akrasia at all. Rather, it provides the moral psychological background for the text by illustrating a broader notion of self-rule as (...) a virtuous condition of the soul (and lack of self-rule as a vicious condition). I examine key discussions in the Laws in order to show how Plato makes use of this broader notion of self-rule throughout the dialogue, and I argue that nothing Plato says in the Laws commits him to the possibility of akrasia. One significant consequence of my interpretation of the puppet passage is that it avoids the need to posit developmentalism in Plato's late views about the embodied human soul, as some recent commentators have done: the moral psychology of the Laws, on my reading, is not incompatible with the Republic's tripartite theory of the soul. (shrink)

This paper discusses the account of alethic modality as presented by Wilfrid Sellars in his earlier work from 1947 to 1958. Its aim is twofold. First, I discuss Sellars' analysis by exploring its historical relationship to Carnap's account of modality. I argue that Carnap's early syntactic treatment of modality profoundly influenced Sellars' own so-called ‘regulist' account of modality in terms of rules of inference. Furthermore, it is suggested that Sellars' lesser-known possible worlds analysis was influenced by Carnap's later semantic account (...) of modality. The second aim of the paper is a critical one. I raise a number of objections to Sellars’ account of modality and argue that his account confronts some serious limitations. I also argue that Sellars does not provide a satisfying explanation of the relationship between his regulist account and his possible worlds analysis. I offer such an explanation by arguing that his regulist account should be understood as a pragmatic account of what is conveyed by the use of modal sentences, whereas his possible worlds analysis is a semantic account of the asserted content of modal statements. That is, the regulist account and the possible worlds analysis have different explanatory targets. (shrink)