This article sets out a framework for distinguishing three kinds of norms governing past sexual (mis)conduct and our responses to it: wrongfulness norms, excusability norms, and accountability norms. The framework provides conceptual tools for making sense of (and understanding the limits of) three distinct responses commonly offered by those accused of past sexual misconduct: “But that used to be okay!” “But everybody used to think that was okay!” and “But that was so long ago!”.

This chapter examines three approaches to applied political and legal philosophy: Standard activism is primarily addressed to other philosophers, adopts an indirect and coincidental role in creating change, and counts articulating sound arguments as success. Extreme activism, in contrast, is a form of applied philosophy directly addressed to policy-makers, with the goal of bringing about a particular outcome, and measures success in terms of whether it makes a direct causal contribution to that goal. Finally, conceptual activism (like standard activism), primarily (...) targets an audience of fellow philosophers, bears a distant, non-direct, relation to a desired outcome, and counts success in terms of whether it encourages a particular understanding and adoption of the concepts under examination. (shrink)

In whose voice does the criminal law speak, and why does it matter? Miriam Gur-Arye argues that the answer to the first question depends on the kind of duty violated by the crime at issue. In some cases (say, election fraud or tax evasion), the criminal law speaks in the voice of the polity—but in other cases (say, murder or rape), it speaks in the voice of human beings. Or so argues Gur-Ayre. Not surprisingly, perhaps, a lot depends on what (...) one means by the voice of the criminal law. In this paper, I defend two related arguments. First, the criminal law typically claims to speak in the voice of the polity, even if, in practice, it often fails to do so. Second, where the criminal law does speak in the voice of the polity, its doing so can contribute to its own justification. (shrink)

This chapter examines three approaches to applied political and legal philosophy: standard activism, extreme activism, and conceptual activism. They differ from one another in their target audiences, how directly the arguments seek to advance change in the world, and what they take as their measure(s) of success. Standard activism is primarily addressed to other philosophers, adopts an indirect and coincidental role in creating change, and counts articulating sound arguments as success. Extreme activism, in contrast, is a form of applied philosophy (...) directly addressed to policy‐makers, with the goal of bringing about a particular outcome, and measures success in terms of whether it makes a direct causal contribution to that goal. Finally, conceptual activism (like standard activism), primarily targets an audience of fellow philosophers, bears a distant, non‐direct, relation to a desired outcome, and counts success in terms of whether it encourages a particular understanding and adoption of the concepts under examination. (shrink)

This article provides a comparative analysis of various methodologies employed in building arguments regarding prostitution law and policy, and reflects on the proper aims of legal philosophy more generally. Taking Peter de Marneffe’s Liberalism and Prostitution (OUP 2010 ) as a launching point for these reflections, the article offers a mostly favourable review of the book as a whole, and defends the philosophical method as one (amongst other) valuable ways to argue about prostitution.

This chapter examines applied ethics regarding prostitution and criminalization. It proceeds in three parts. Part one examines different ways of defining prostitution, part two reviews five objections to prostitution that have framed standard debates regarding criminalization, and part three examines issues that have arisen in ethical debates regarding prostitution and criminalization in recent decades. Along the way, the chapter illustrates the extent to which debates in applied ethics regarding the criminalization of prostitution depend in large part on what prostitution is (...) like in a given social context. Further, the chapter emphasizes that satisfactory answers to this question depend not only on empirical evidence but on ethical disagreements regarding underlying concepts such as choice, freedom, and consent. (shrink)

This article explores some conceptual issues regarding criminalization at the domestic and international levels. It attempts to explain what it means to say that a particular kind of conduct has been criminalized, and considers how the processes of criminalization differ in domestic and international law. In unpacking these issues, the article takes the examples of rape and sex trafficking in domestic and international legal systems, explores whether these offenses are criminalized more broadly in international criminal law as compared to domestic (...) criminal law, and briefly outlines possible explanations for this disparity. (shrink)

This article is a contribution to a symposium on Kit Wellman’s intriguing monograph, Rights Forfeiture and Punishment. Primarily, the article grapples with Wellman’s claims regarding the moral permissibility of sadistic punishment. The metaphor of “philosophical languages” is employed throughout, to compare Wellman’s use of rights-forfeiture discourse to an approach that is grounded in practical-reasons discourse. This study in philosophical translation allows us to reassess and critique Wellman’s conclusions regarding the moral permissibility of sadistic punishment. On one level, the article is (...) an attempt to engage with Wellman’s book and rights-forfeiture based arguments on, and in, their own terms. Yet, the article is also an attempt to explain and defend a practical-reasons based approach to appraising moral permissibility. If the article succeeds, it both pays tribute to Wellman’s masterful rights-forfeiture arguments, while making the case that practical-reason arguments illuminate a wider range of salient considerations that we should wish to keep in view when considering the moral permissibility of sadistic punishments. (shrink)

I am grateful to Criminal Law & Philosophy for organizing this symposium on my book, Prosecuting Domestic Violence: A Philosophical Analysis (OUP 2009)—and am especially indebted to Professors Kinports and Cowan for their careful, generous, and challenging engagements with my arguments. I am relieved to find that Professors Kinports and Cowan are mostly positive in their evaluation of the book’s merits and delighted to find their critical reflections have offered me the opportunity to think more deeply about the project I (...) undertook in the book.I found much with which to agree in both commentaries. Indeed, I will have little to offer in response to Professor Kinports’ article until the end of my own comments here, except to note that I found her critique of prosecutors-as-community-representatives as illuminating as it was disheartening. Perhaps one way to increase the likelihood that prosecutors might someday act as genuine representatives of their communities (in whole or in part) wou .. (shrink)

This article examines the normative force of consent, explaining how consent works its “moral magic” in transforming the moral quality of conduct that would otherwise constitute a wrong against the consenting person. Dempsey offers an original account of the normative force of consent, according to which consent (when valid) creates an exclusionary permission . When this permission is taken up, the moral quality of the consented-to conduct is transformed, such that it no longer constitutes a wrong against the consenting (...) person. Building on this account of how consent works, Dempsey identifies two sets of cases in which consent fails to transform the moral quality of one’s conduct: cases in which one is consent-insensitive to the rational force of another’s consent, and cases in which one acts for sadistic reasons. (shrink)

This book provides the first serious, sustained philosophical investigation of the criminal prosecution of domestic violence. It provides a theoretical framework for understanding ongoing debates regarding the criminal justice system's response to domestic violence.

Michelle Madden Dempsey’s Prosecuting Domestic Violence: A Philosophical Analysis (2009) is an important book for many reasons. Amongst these are the prevalence of domestic violence and the extraordinary, largely unaccountable discretionary powers wielded by prosecutors in the United States. Against this background, Dempsey asks in particular what prosecutors should do when the victims of domestic violence withdraw their support from the proposed prosecution. In Prosecuting Domestic Violence, Dempsey provides a general account of prosecutorial practical reasoning (...) that can be applied to answer this question. Given that she argues that “particularly aggressive prosecution” is in at least some cases justified, the later chapters of the book address issues surrounding the victims of domestic violence: their rights and duties when it comes to prosecution and the measures that might be directed against victims who are unwilling to co-operate.What Dempsey calls her “central analytic tool” in .. (shrink)

Michelle Madden Dempsey’s compelling book sets out a normative feminist argument as to why and when prosecutors should continue to pursue prosecutions in domestic violence cases where the victim refuses to participate in or has withdrawn their support for the prosecution. This paper will explore two of the key aspects of her argument—the centrality and definition of the concept of patriarchy, and the definition of domestic violence—before concluding with some final thoughts as to the appropriate parameters of (...) feminist prosecutorial decision-making. The paper argues that Madden Dempsey could offer a more detailed and nuanced argument about the role that patriarchy plays, particularly its relevance in marking out appropriate cases for pursuit; and that her thesis requires a more convincing exposition of the precise reasons for offering such a narrow account of domestic violence. (shrink)

In 'Law as a Leap of Faith' Gardner's analogy of faith in law to faith in God may seem outlandish. But consider the implications of the positions Gardner's jurisprudential views assemble: law can give us reason to do what we would otherwise not have reason to do - in fact it can give us reason to do what would otherwise be immoral. This is the implication of a commitment to law's capacity to give exclusive reasons, on one hand, together with (...) the commitment, on the other, that any given law is valid because of its sources and not its moral merits. (shrink)

In July 2020, the H3Africa Ethics and Community Engagement (E&CE) Working Group organised a webinar with ethics committee members and biomedical researchers from various African institutions throughout the Continent to discuss the issue of whether and how biological samples for scientific research may be accessed by commercial entities when broad consents obtained for the samples are silent. 128 people including Research Ethics Committee members (10), H3Africa researchers (46) including members of the E&CE working group, biomedical researchers not associated with H3Africa (...) (27), representatives from the National Institutes of Health (16) and 10 other participants attended the webinar and shared their views. Several major themes emerged during the webinar, with the topics of broad versus explicit informed consent, defining commercial use, legacy samples and benefit sharing prevailing in the discussion. This report describes the consensus concerns and recommendations raised during the meeting and will be informative for future research on ethical considerations for genomic research in the African research context. (shrink)

This paper clarifies and defends my account of the rights forfeiture theory of punishment in response to analyses by Michelle Madden Dempsey and Gerald Lang.

I am very grateful to the contributors for this symposium for their essays on my Punishment book. Each focuses with different elements of my work. Antony Duff examines the definition of punishment in my first few pages. Michelle Madden Dempsey analyses the importance given to coherence in my account and critique of expressivist theories of punishment. Richard Lippke considers my statements about negative retributivism in an important new defence of that approach. I examine each of these in (...) turn below. While I do not change my position, they draw attention to certain features in my overall argument worth reflecting on at greater length. So I welcome this opportunity to address and clarify these now and grateful for their helping me to rethink my original arguments. (shrink)

In Prosecuting Domestic Violence: A Philosophical Analysis, Michelle Madden Dempsey focuses on the dilemma prosecutors face when domestic violence victims are unwilling to cooperate in the criminal prosecution of their abusive partners. Starting from the premise that the ultimate goal should be putting an end to domestic violence, Dempsey urges prosecutors to act as feminists in deciding how to proceed in such cases. Doing so, Dempsey argues, will tend to make the character of the prosecutor’s (...) community and state less patriarchal and thus help stamp out domestic violence. This article analyzes two issues arising from Dempsey’s work: first, whether prosecutors can justifiably be viewed as representatives of their states and communities; and, second, how prosecutors committed to using their discretion to battle both domestic violence and patriarchy would go about determining in a particular case whether to pursue criminal charges against the wishes of a victim. (shrink)

This paper is a short commentary on Michelle Dempsey's contribution to a symposium on the work of John Finnis which took place at Villanova Law School in the fall of 2011. It focuses on Finnis's claim that there is a presumptive obligation to obey the law and some worries that Dempsey raises against this claim. It is forthcoming, along with several other papers from the symposium, in the Villanova Law Review.

An examination of the relation between war and politics, by one of the twentieth century’s most influential thinkers From 1971 until 1984 at the College de France, Michel Foucault gave a series of lectures ranging freely and conversationally over the range of his research. In Society Must Be Defended , Foucault deals with the emergence in the early seventeenth century of a new understanding of war as the permanent basis of all institutions of power, a hidden presence within society that (...) could be deciphered by an historical analysis. Tracing this development, Foucault outlines the genealogy of power and knowledge that had become his dominant concern. (shrink)

Examines the circumstances, study, and experience of death in the contemporary United States, surveying key medical, emotional, legal, social, and financial issues as they concern patients, physicians, and survivors.

Schopenhauer’s invective is legendary among philosophers, and is unmatched in the historical canon. But these complaints are themselves worthy of careful consideration: they are rooted in Schopenhauer’s philosophy of language, which itself reflects the structure of his metaphysics. This short chapter argues that Schopenhauer’s vitriol rewards philosophical attention; not because it expresses his critical take on Fichte, Hegel, Herbart, Schelling, and Schleiermacher, but because it neatly illustrates his philosophy of language. Schopenhauer’s epithets are not merely spiteful slurs; instead, they reflect (...) deep-seated theoretical and methodological commitments to transparency of exposition. (shrink)

This paper considers the so-called explanatory gap between brain activity and conscious experience. A number of different, though closely related, explanatory gaps are distinguished and a monistic account of conscious experience, a version of Herbert Feigl’s “twofold-access theory,” is advocated as a solution to the problems they are taken to pose for physicalist accounts of mind. Although twofold-access theory is a version of the mind-body identity thesis, it in no way “eliminates” conscious experience; rather, it provides a parsimonious and explanatorily (...) fruitful theory of the consciousness-body relation which faithfully preserves the nature of conscious experience while going quite far in “bridging” the various explanatory gaps distinguished below. (shrink)

This paper considers the so-called explanatory gap between brain activity and conscious experience. A number of different, though closely related, explanatory gaps are distinguished and a monistic account of conscious experience, a version of Herbert Feigl's "dual-access theory," is advocated as a solution to the problems they are taken to pose for physicalist accounts of mind. Although dual-access theory is a version of the mind-body identity thesis, it in no way "eliminates" conscious experience; rather, it provides a parsimonious and explanatorily (...) fruitful theory of the consciousness-body relation which faithfully preserves the nature of conscious experience while going quite far in "bridging" the various explanatory gaps distinguished below. (shrink)

... PREFACE Paul Gochet (Liege) "[...] une entite physique ne peut etre envisagee que comme une sorte de concretisation, de consolidation locale dans un ...

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Peaceful Persuasion: The Geopolitics of Nonviolent RhetoricSarah E. DempseyPeaceful Persuasion: The Geopolitics of Nonviolent Rhetoric. Ellen W. Gorsevski. Albany: State University of New York Press, 2004.pp. 262. $55.00, hardcover.The overriding emphasis on violence, militarization, and retribution within current geopolitical contexts demands that we acquire greater understandings of nonviolent communicative practices. In Peaceful Persuasion, author Ellen Gorsevski, Professor of English and Communication at Oregon State University, argues that nonviolent (...) rhetoric tends to be ignored by scholars—that its methods, strategies, and impacts are often passed over and that nonviolence is often framed as hopelessly utopian, unrealistic, and ineffective. Gorsevski situates her study of nonviolent rhetoric less within its humanistic and religious inheritance, drawing instead on a contrast with existing models of rhetoric. As a strategy for rhetorical and political action, Gorsevski takes nonviolence to be instructive of new ways to reconfigure both rhetorical studies and social movement strategy.It is important to note that Gorsevski's need to study peaceful means of relating to others is driven as much by a love of rhetorical theory as by a passion for translating an understanding of nonviolent rhetoric into strategies for activists. As such, this book provides a solid introduction to rhetorical theory, including an appendix on the connection between rhetoric and nonviolence that details what activists have to gain from each. In addition, instructors will find useful a chapter on the specifics of incorporating nonviolence into speech communication classrooms.Peaceful Persuasion's greatest contribution to rhetorical studies is the careful drawing out of the many ways that a rhetorical take on nonviolence has become increasingly necessary. To make this solid case, Gorsevski draws on four very diverse case studies of nonviolent rhetoric. In a move that is both surprising and refreshing, Gorsevski's case studies do more than provide exemplars of how critics may read nonviolence as a powerful rhetorical strategy; each helps to further delineate the key characteristics of what has been, until now, a relatively undefined area of rhetorical action.Gorsevski's gift to her readers is the ability to demonstrate the rich subtleties of nonviolence through very different contexts. The case studies [End Page 89] draw from such different sources that at first seem disorienting. Upon reflection, it becomes clearer that they greatly complicate our notions of nonviolence, redressing the disservices of previous bleary analyses that configured nonviolence only by its lack of violence rather than according to its fruitful range of seemingly contradictory strategies. The cavernous distances each study crosses illuminate the multiplicity of forms, meanings, and strategies that nonviolence may take. As such, any definition of nonviolence that I may provide in this short review does a serious disservice to the depth that Gorsevski creates through her sometimes disjointed case studies.The case studies serve at least dual purposes, as each provides an analysis that extends our understandings of nonviolence in action as it also offers instructive mini-lessons for the further development of rhetorical studies. In the first case study, Gorsevski provides a contextualized analysis of critics' interpretations of the film The Spitfire Grill, which she shows to be reflective of the "predominantly accepting orientation that rhetoric and film critics hold for the idea that humans are characterized by "innate aggression" and violence" (68). For Gorsevski, this study demonstrates that nonviolence as a lens can be applied to a range of texts just as well as any other approach to rhetoric. Gorsevski moves her analysis of nonviolent rhetoric into the geopolitical realm for her study of President of Macedonia Kiro Gligorov's historic first speech before the United Nations. She takes his speech as evidence of the usefulness of pragmatic nonviolence, which entails "noncooperation or defiance of political adversaries in order to decry a perceived injustice" (72). Gligorov's speech illustrates that nonviolence and violence are best seen less as equivalent than, rather, as operating on a sliding scale. For Gorsevski, successful use of pragmatic nonviolence may even include a measure of violence as long as it serves to reduce the escalation of further strife.Next Gorsevski explores the visual rhetoric of the gendered body of Burmese activist and Nobel Peace Prize winner Aung San Suu Kyi to show... (shrink)

‘Philosophical dialogue’ indicates both a form of philosophical inquiry and its corresponding literary genre. In its written form, it typically features two or more characters who engage in a discussion concerning morals, knowledge, as well as a variety of topics that can be widely labelled as ‘philosophical’. Our philosophical dialogue takes place in Krakow, Poland. It is a rainy morning and two strangers are waiting at a tram stop. One of them is dressed neatly, and cannot stop fidgeting with his (...) closed umbrella. The other was caught unprepared by the morning downpour and water is dripping from his worn, soaked jacket. (shrink)

Michel Weber, Éléments de routine ayurvédique. Autonomie, rituel et ascèse, Les Éditions Chromatika, 2021. (978-2-930517-82-7 ; pdf 978-2-930517-83-4 ; 104 pp., 14€) -/- L’Ayurvéda propose une philosophie de vie qui articule un vaste système métaphysique (une cosmologie théorique) avec une visée thérapeutique profonde (une anthropologie pratique). -/- À la croisée de la théorie et de la pratique, on trouve la routine (« dinacharya ») dont le but est de susciter l’individuation et la solidarité, c’est-à-dire l’autonomie (de chacun) respectueuse de la (...) communauté (de tous). Ce faisant, elle constitue une ascèse dont l’efficacité a été longuement éprouvée et rarement égalée. (shrink)

Por Laura Fraga de Almeida Sampaio, tradutora do livro A aula inaugural, que Foucault pronunciou ao assumir a cátedra vacante no Collège de France pela morte de Hyppolite, pode ser considerada um texto de ligação entre suas obras, datadas dos anos 60, como História da loucura, As palavras e as coisas, A arqueologia do saber, centradas predominantemente na análise das condições de possibilidade das ciências humanas, e as que se seguiram a maio de 68, como Vigiar e punir, voltados ao (...) exame da microfisica do poder. Foucault desvenda a relação entre as práticas discursivas e os poderes que as permeiam. Ao perceber os diversos procedimentos que cerceiam e controlam os discursos da sociedade, o autor comprova que "o discurso não é simplesmente aquilo que traduz as lutas ou os sistemas de dominação, mas aquilo pelo que se luta, o poder de queremos nos apoderar". Na segunda parte do texto, Foucault anuncia a direção em que prosseguirá suas investigações no decorrer dos cursos no Collège de France, apontando para o que denomina o "conjunto crítico" e o "conjunto genealógico" e lança o projeto de estudo das interdições que atingem o discurso da sexualidade. A este trabalho dedicará muitos anos, após a publicação do primeiro volume da História da sexualidade, em 1976: A vontade de saber (uso dos prazeres, vol.2, O cuidado de si, vol, 3, ambos de 1984). (shrink)