Derogatory terms (racist, sexist, ethnic epithets) have long played various roles and achieved diverse ends in works of art. Focusing on basic aspects of an aesthetic object or work, this article examines the interpretive relation between point of view and content, asking how aesthetic contextualization shapes the impact of such terms. Can context, particularly aesthetic contexts, detach the derogatory force from powerful epithets and racist and sexist images? What would it be about aesthetic contexts that would make this possible? The (...) article puts into aesthetic contexts both Absolutist and Reclaimer views about the power of derogatory terms, applying an inferential role semantics, developed for language, to both words and images. The Reclaimer’s position, that derogation is a matter of pragmatics, of use, emphasizes the context-sensitivity of the term, that is matters who says it, to whom, when, where, and why. Understanding derogatory terms used as hate speech helps to make this position clear. The Absolutist’s position, that no contextual variations can detach the derogation from these deeply derogatory terms, is developed here through attention to subordinating images in pornography. The article argues that art may be able to achieve the deviant interpretations that the Reclaimer needs to undermine the derogations while maintaining sensitivity and awareness of the history of oppression. (shrink)

While philosophers have discussed the emotion of contempt from antiquity to the present day, contempt has received less attention in psychological research. We review the defining features of contempt, both as a short-term emotion and as a more long-lasting sentiment. Contempt is similar to anger in that it may occur after social or moral transgressions, but it differs from anger in its appraisals, actions, and emotivational goals. Unlike anger, contempt arises when a person’s or group’s character is appraised as bad (...) and unresponsive to change, leading to attempts to socially exclude the target. We discuss associative, self-regulatory, and social distancing functions of contempt and present a dynamic social model of contempt versus anger. (shrink)

In this paper, I offer an analytical and normative framework to re-visit the question of whether state parties should derogate from the European Convention on Human Rights (ECHR) in order to combat the COVID-19 pandemic via harsh ‘lockdown’ measures. It is three-pronged. First, I show that the predominant debate on the (non-)derogation question is informed by a textual approach to adjudication, which severely limits the analytical and evaluative horizon for addressing the issue. Most importantly, it cannot address one salient (...) fact about the effects of lockdown measures, namely their highly disproportionate effects on vulnerable groups and minorities. Second, I argue that proportionality assessment should be the basis for determining whether state parties ought to derogate or not. This is because proportionality’s very purpose is in part to track the effects of state interferences on minorities and vulnerable groups by measuring the disproportionate burden imposed on them. It is also because proportionality assessment has very different requirements between limitation clauses built into the relevant Convention articles (e.g. Article 5, Articles 8–11) and the derogation clause (Article 15) under the ECHR. Surprisingly, while the emerging literature almost always mentions proportionality as an important component of the analysis, it does not investigate the extent to which each regime (derogation or limitation) better performs it, and why. Third, I draw from the philosophical literature on the ‘right to justification’ to clarify the egalitarian and justificatory function of proportionality. Unlike derogation, limitation clauses have a much higher and systematic requirement of justification, which makes the case for non-derogation clearer and stronger. (shrink)

While a large body of literature on pejorative language has emerged recently, derogatory communication is a broader phenomenon that need not constitutively involve the use of words. This paper delineates the class of non-verbal pejoratives and sketches an account of the derogatory power of a subset of NVPs, namely those whose effectiveness crucially relies on iconicity. Along the way, I point out some ways in which iconic NVPs differ from wholly arbitrary NVPs and ritualized threat signals in the animal kingdom, (...) such as the wolf’s snarl, which do not threaten or demean targets by virtue of any kind of iconographic depiction. An iconic portrayal such as a racist caricature disparages its target by inviting recipients to entertain an unflattering image of the target. “Blackface” performers in the nineteenth-century, for example, promulgated an unflattering image of African-Americans by means of make-up, costumes, and vocal impersonations. (shrink)

Considering that in times of state of emergency or civil emergency (such as the pandemic caused by COVID 19), governments in many countries around the world have restricted human rights and freedoms through legally binding government decrees. These restrictive measures increasingly raise dilemmas about their effect and possible violations by the government of international norms guaranteeing human rights. The paper aims to analyze whether these restrictive measures set out in the decisions of the Government of the Republic of Northern Macedonia (...) (RNM) are in compliance with the derogations allowed under the European Convention on Human Rights and Freedoms (ECHR) and the positive laws in power. In the framework of this paper is analyzed whether these measures have the sole purpose of protecting the health of citizens or not. The work is limited in terms of time (as long as the state of emergency lasted three months) and territory (government decrees with the force of law). Descriptive, historical, analytical, comparative and citizen survey methods are used in this paper. Government decrees have been analyzed in order to assess whether they were prudent, in accordance with international standards and consequences that they have caused to citizens. The conclusions provide data on whether the management of the situation has been appropriate or not and to what extent it has been effective, as well as how much it has been within the international framework and how they have affected the quality of life of citizens. (shrink)

Our everyday practices are meaningful in several ways. In addition to the linguistic meanings of our terms and sentences, we attach social meanings to actions and statuses. Philosophy of language and public debates often focus on contesting morally and politically pernicious linguistic practices. My aim is to show that this is too little: even if we are only interested in morally and politically problematic terms, we must counteract a pernicious linguistic practice on many levels, especially on the level of its (...) underlying social meanings. Otherwise, the critique of specific words as the most salient fruits of this practice will be futile. I trace out two paths through which pernicious social meanings feed into linguistic meanings and make the case for constructive contestations of social meanings as an alternative to criticising the use of a few highly pernicious terms in which these social meanings are manifest. My investigation into how social structures shape both social and linguistic meanings sheds further light on the ways in which social meanings enter linguistic exchanges. Moreover, it reveals that what is said in specific situations is more closely connected to our non-verbal actions than the current literature on semantics and the social sciences allows. (shrink)

In this paper, I consider some problems concerning the structure of legal systems. In order to do this, I basically analyze the promulgation and derogation of legal rules. Frequently, promulgation has been referred to as the introduction of a rule into, and derogation as the removal of a rule from, a normative system. I try to show that there is more to it than that. One of the main ideas of the paper is that the enactment or (...) class='Hi'>derogation of a legal rule by an authority na restricts the competence of all lower authorities: Once a rule R has been enacted by an authority na, authorities inferior to na cannot remove R from the normative system; and when R has been derogated by na, lower authorities do not have the competence to introduce R into the system. Further important questions include: What happens with derogated rules? What is the structure of the set of derogated rules? When does a rule belong to a derogated set, and when is it removed from a derogated set? These questions are very important for a theory of legal systems, and I try to give some possible answers. Perhaps the main conclusion of the paper is that promulgation and derogation can be considered very similar processes with respect to legal systems. (shrink)

The concept of structure is central to Giddens’s structuration theory because it apparently accounts for the reproduction of the social system without derogating the lay actor in functionalist or structuralist fashion. In fact, the concept of structure involves the very derogation of the lay actor which Giddens highlights as the principal error of these objectivist social theories and which he wishes to avoid. However, although Giddens fails to recognize it, the concept of “practical consciousness” which Giddens also regards as (...) central to structuration theory avoids this relapse into objectivism and offers a route to a sustainable social theory which highlights the agency of social actors. (shrink)

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

Some non-appropriated uses of slurs seem to be non–derogatory. In this paper, I argue that in a range of cases, the lack of derogation is owed to the term not being genuinely used. I first examine so–called pedagogical uses and show that they can be assimilated to what I call “distancing uses.” I then turn to a range of other apparently non–derogatory, non–appropriated uses of slurs – such as non–weapon uses, comedic uses – and argue that they can depart (...) from standard, genuine usage in relevant ways. I finally turn to so–called “affectionate” uses, and show that, if the conditions in which they obtain can be described as standard, then they are derogatory because they are genuine uses, no matter the benevolent feelings of the speaker. (shrink)

In this essay, I apply international human rights theory to the domestic discussion of criminalization. The essay takes as its starting point the “right not to be punished” that Douglas Husak posited in his recent book Overcriminalization . By reviewing international human rights norms, I take up Husak’s challenge to imbue this right with further normative content. This process reveals additional relationships between the criminal law and human rights theory, and I discuss one analogy: the derogation by states of (...) an individual’s human rights under specified conditions has certain similarities to the punishment by states of an individual who holds a right not to be punished. Along the way, I highlight the normative implications of defining a human right not to be punished under both generalist and specificationist perspectives on moral rights. Noting the similarities as well as the differences in the concepts of punishment and derogation, this essay aims to contribute to the exchange between theories of human rights and the criminal law. (shrink)

Slurs such as spic, slut, wetback, and whore are linguistic expressions that are primarily understood to derogate certain group members on the basis of their descriptive attributes (such as their race or sex) and expressions of this kind have been considered to pack some of the nastiest punches natural language affords. Although prior scholarship on slurs has uncovered several important facts concerning their meaning and use –including that slurs are potentially offensive, are felicitously applied towards some targets yet not others, (...) and are often flexibly used not only derogatorily to convey offense towards out-group members but also non-derogatorily to convey affiliation with in-group members– the literature remains largely focused on slurs that typically target African Americans (nigger), male homosexuals (faggot), and sexually active females (slut). Since no account of slurs that typically target Hispanics or Mexican-Americans has so far been proposed, here I offer the first systematic and empirically informed analysis of these that accounts for both their derogatory and appropriative use. Importantly, this article reviews over a dozen Spanish stereotypes and slurs and explains how the descriptive attributes involved in a stereotype associated with a slur can contribute to the predication of certain content in the application of that slur toward its target in context. This article further explains how the psychological effects of stereotype threat and stereotype lift can be initiated through the application of a relevant slur towards its target in context as well. (shrink)

This paper examines the effects of non-derogability status for seven human rights during declared states of emergency from 1996 to 2004 in 195 countries. For this purpose, we create several original measures of countries’ state of emergency status. Our analysis finds the intended protections from the special legal status of non-derogable rights to be anemic, at best, during declared emergencies. This finding begs a reconsideration of both the utility of the “non-derogable” categorization in both international and municipal law, and the (...) conditions under which declared states of emergency might be justified. (shrink)

RÉSUMÉ: Cet article propose une analyse détaillée des considérations de Hans-Georg Gadamer sur l’herméneutique théologique proprement dite. Pensée dans et pour la foi chrétienne, la conception de l’herméneutique théologique qu’il met en avant se veut essentiellement une herméneutique du texte biblique. Les réflexions de Gadamer sur ce thème nous conduisent cependant tout droit dans sa théorie de la littérature. La question directrice devient celle de la nature du texte religieux (entendons : du texte biblique, reçu en son unité canonique) en (...) tant que texte éminent, dont la structure singulière est mise en relief au moyen d’une éclairante comparaison avec les textes poétique, philosophie et juridique. L’Écriture, en tant qu’elle répond à la structure textuelle de la promesse, exige du lecteur une forme particulière d’appropriation qui trouve sa réalisation exemplaire dans la prédication. Toutefois, contre une lecture (Ommen, Eberhard, etc.) qui insiste sur la discontinuité de l’herméneutique théologique de Gadamer avec sa propre oeuvre philosophique, je soutiens la thèse de leur foncière cohérence. ABSTRACT: This paper offers a detailed analysis of Hans-Georg Gadamer’s considerations on theological hermeneutics proper. Thought within and for the Christian faith, the conception of theological hermeneutics he puts forward is mainly understood as a hermeneutics of the biblical text. However, Gadamer’s reflections on this theme bring us straight to his theory of literature. The guiding question becomes that about the nature of the religious text (meaning : the biblical text, received in its canonical unity) as eminent text, which peculiar structure is thrown into relief through an enlightening comparison with the poetical, the philosophical and the legal text. The Scripture, in that it has the textual structure of a promise, requires from the reader a particular form of appropriation, which finds its exemplary fulfillment in preaching. Against a reading that emphasizes discontinuity between Gadamer’s theological hermeneutics and his own philosophical work (Ommen, Eberhard, etc.) I defend the thesis of their fundamental coherence. (shrink)

Recent research on the semantics and pragmatics of slurs has offered insight into several important facts concerning their meaning and use. However, prior work has unfortunately been restricted primarily to considerations of slurs that typically target females, homosexuals, and African Americans. This is problematic because such a narrowly focused attention to slurs in prior work has left theorizing of how slurs generally function relatively uninformed by facts of actual language use. As a result, theoretical accounts of slurs that have so (...) far been proposed have largely failed to accurately reflect actual usage, account for the empirical findings about slurs and general pejoratives from the social sciences, and offer any informative predictions to help guide future research. At this time more empirically oriented homework on the variety of ways that different slurs have been used in different cases would be helpful for theorists to consider so that they can proceed to develop more nuanced and empirically informed theories about slurs, their usage, and their effects. Accordingly, since no account of slurs for Italian Americans has so far been offered, this article provides a systematic and empirically informed analysis of slurs for Italian Americans that accounts for both their derogatory and appropriative use. Further, this article demonstrates that the family resemblance account of slurs maintained here has major advantages over previous accounts insofar as it is flexible yet robust enough to accommodate both the derogatory and appropriative use of slurs, can explain many of the psychological effects that slurs actually have on both their users and targets, and is more in accord with the real rather than ideal nature of our organic human psychology. (shrink)

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

Critical examination of Alchourrón and Bulygin’s set-theoretic definition of normative system shows that deductive closure is not an inevitable property. Following von Wright’s conjecture that axioms of standard deontic logic describe perfection-properties of a norm-set, a translation algorithm from the modal to the set-theoretic language is introduced. The translations reveal that the plausibility of metanormative principles rests on different grounds. Using a methodological approach that distinguishes the actor roles in a norm governed interaction, it has been shown that metanormative principles (...) are directed second-order obligations and, in particular, that the requirement related to deductive closure is directed to the norm-applier role rather than to the norm-giver role. The approach has been applied to the case of pure derogation yielding a new result, namely, that an independence property is a perfection-property of a norm-set in view of possible derogation. This paper in a polemical way touches upon several points raised by Kristan in his recent paper. (shrink)

Investigates the resolution of contradictions and ambiguous derogations in a code, by means of the imposition of partial orderings. Although formulated as a study in the logic of norms, it provided the initial ideas for work on the logic of theory (or belief) change, developed by the authors in a series of papers by the authors and Peter Gardenfors beginning in 1985.

Investigates the resolution of contradictions and ambiguous derogations in a code, by means of the imposition of partial orderings.

Slurs are derogatory words and they are used to derogate certain groups. Theories of slurs must explain why they are derogatory words, as well as other features like independence and descriptive ineffability. This paper proposes an illocutionary force indicator theory of slurs: they are derogatory terms because their use is to perform the illocutionary act of derogation, which is a declarative illocutionary act to enforce norms against the target. For instance, calling a Chinese person “chink” is an act of (...) derogation to enforce racist norms that license exclusion of the Chinese, deny their rights to dignity, etc. The contribution of this paper is twofold. First, it offers a more comprehensive explanation of the features of slurs than earlier speech act approaches. Second, it provides a theory that is immune to the problems faced by existing theories, such as wrong predictions of truth-conditions, explaining unacceptability to non-bigots, and explaining slurs against the dominant groups. (shrink)

Slurs possess interesting linguistic properties and so have recently attracted the attention of linguists and philosophers of language. For instance the racial slur "nigger" is explosively derogatory, enough so that just hearing it mentioned can leave one feeling as if they have been made complicit in a morally atrocious act.. Indeed, the very taboo nature of these words makes discussion of them typically prohibited or frowned upon. Although it is true that the utterance of slurs is illegitimate and derogatory in (...) most contexts, sufficient evidence suggests that slurs are not always or exclusively used to derogate. In fact, slurs are frequently picked up and appropriated by the very in-group members that the slur was originally intended to target. This might be done, for instance, as a means for like speakers to strengthen in-group solidarity. So an investigation into the meaning and use of slurs can give us crucial insight into how words can be used with such derogatory impact, and how they can be turned around and appropriated as vehicles of rapport in certain contexts among in-group speakers. In this essay I will argue that slurs are best characterized as being of a mixed descriptive/expressive type. Next, I will review the most influential accounts of slurs offered thus far, explain their shortcomings, then provide a new analysis of slurs and explain in what ways it is superior to others. Finally, I suggest that a family-resemblance conception of category membership can help us achieve a clearer understanding of the various ways in which slurs, for better or worse, are actually put to use in natural language discourse. (shrink)

This paper generalises classical revision theory of the AGM brand to sets of norms. This is achieved substituting input/output logic for classical logic and tracking the changes. Operations of derogation and amendment—analogues of contraction and revision—are defined and characterised, and the precise relationship between contraction and derogation, on the one hand, and derogation and amendment on the other, is established. It is argued that the notion of derogation, in particular, is a very important analytical tool, and (...) that even core deontic concepts such as that of permission resists a satisfactory analysis without it. By way of illustration the last section of the paper analyses the much debated concept of positive permission, of which there turns out to be more than one kind. (shrink)

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

Slurs are derogatory words; they seem to express contempt and hatred toward marginalized groups. They are used to insult and derogate their victims. Moreover, slurs give rise to philosophical questions. In virtue of what is the word “chink,” unlike “Chinese,” a derogatory word? Does “chink” refer to the same group as “Chinese”? If “chink” is a derogatory word, how is it possible to use it in a non-derogatory way (e.g., by Chinese comedians or between Chinese friends)? Many theories of slurs (...) answer these questions by assuming that slurs communicate derogatory messages. However, little attention has been paid to the speech acts slurs are used to perform. In this dissertation, I argue that slurs are illocutionary force indicators: words to perform the speech acts of derogation. “Chink” is a derogatory word because its use is to derogate the Chinese, just like the phrase “I promise” has the use to make a promise. To derogate the Chinese is to enforce a norm which assigns to them an inferior normative status. Slurs are also propositional indicators: words that contribute to the truth-conditions. “Chink” has the same referent as “Chinese,” its neutral counterpart. Appealing to speech act theory enables my theory to answer questions about slurs, e.g., slurs can be used in non-derogatory ways because the felicity conditions of derogation are not met. To illustrate the advantage of my theory, I will explain how other theories of slurs fall short because they take positions opposite to mine on certain issues. For instance, Mark Richard’s theory, unlike mine, takes utterances of slurs to have no truth values. It follows from his theory, I will argue, that lying with “Chang is a chink” is impossible. Finally, I will defend the force indicator theory from common objections. My force indicator theory provides a case study of the use theory of meaning and a framework for political philosophers to study the harm of slurs. (shrink)

The present paper considers controversial utterances that were erroneously taken as derogatory. These examples are puzzling because, despite the audiences’ error, many speakers retract and even apologise for what they didn’t say and didn’t do. In recent years, intuitions about retractions have been used to test semantic theories. The cases discussed here test the predictive power of theories of derogatory language and help us better understand what is required to retract a slur. The paper seeks to answer three questions: are (...) the cases considered genuine retractions? If the speakers didn’t derogate by using a slur, how are the cases retractions of derogatory acts? Do these examples support expressive accounts of slurs? I argue that the examples provide evidence for an expressivist account of slurs: a slurring utterance (defeasibly) makes a derogatory speech act where the speaker expresses a commitment to a morally questionable appraisal state, such as disgust or contempt for a target group. A retraction of a derogatory speech act requires undoing the enactment of that commitment, which can be achieved with a genuine apology. This helps explain the conduct of audiences who misunderstand what the speaker says, and the speakers’ reactions. -/- . (shrink)

L’étude de ce qui constitue la perfection première du mariage, c’est-à-dire son essence ou son constitutif formel, qui est l’union indissoluble des esprits et des cœurs des conjoints, porte une lumière nouvelle sur les fins du mariage. Cette union indissoluble, en tant qu’elle est la fin propre et prochaine du mariage, en constitue l’objet, qui spécifie formellement l’acte du mariage. La génération et l’éducation des enfants, qui n’est pas une partie intégrante de l’essence du mariage, est sa fin éloignée et (...) appartient à la perfection seconde du mariage, à savoir l’agir des époux. Cette doctrine thomiste des fins du mariage apparaît à différentes époques de l’histoire de la théologie et est adoptée par le Catéchisme du Concile de Trente. Avec le Code de droit canonique de 1917, elle disparaît totalement de l’enseignement catholique. Réapparue en 1930 dans l’encyclique Casti connubii, elle ne retrouve toute sa place dans l’enseignement du Magistère qu’à partir de Vatican II. La doctrine thomiste des sacrements, et du mariage en particulier, permet d’interpréter la position du Magistère actuel sur l’accès à la communion de divorcés remariés, en régime de dérogation à la séparation, et de conclure à la nécessité de manifester publiquement leur réconciliation avec Dieu et avec l’Église. (shrink)

Most of our knowledge about how social exclusion affects those who ostracize and those who are being ostracized is based on questionnaires administered after the ostracism situation is over. In this research, we strive to further our understanding of the internal dynamics of an ostracism situation. We therefore examine individuals’ language—more specifically, function words—as a behavior indicative of psychological processes and emergent states that can be unobtrusively recorded right in the situation. In online chats, 128 participants talked about a personal (...) topic in groups of three. In the experimental group (n = 79), two conversation partners ignored every contribution by the third. We found that, compared to the control group, these targets of ostracism used language indicative of a self-focus and worsened mood, but not of social focus or positivity, although positivity was related to a writer’s likeability. Sources of ostracism use language suggesting that they are distancing themselves from the situation, and they further engaged in victim derogation. We discuss how our results highlight the severity and potential self-sustainability of ostracism. (shrink)

International human rights law allows states to derogate some of their human rights obligations in times of public emergency. This essay attempts a normative assessment of the practice of derogation. We discuss, specifically, whether derogation is compatible with the logics and morality of rights. We notice that a major inconsistency between rights and derogation derives from the unilateral character of derogation: derogating parties are assigned a power-right to annul their own rights-based obligations. This contrasts with the (...) idea, central to rights, that rights-based obligations are owed to the right-holder. Only through consent of right-holders, we argue, can duties owed to them be modified or annulled. But whether the current practice of derogation is interpretable as a form of consent to rights infringement is highly disputable. (shrink)

1. Anderson and Lepore (2013) argue that the offensiveness of slur terms can’t consist (merely?) in their having derogatory meanings because even quotation marks fail to prevent offence being cause...

Kritičko čitanje Alchourrónove i Bulyginove skupovnoteorijske defnicije normativnoga sustava pokazuje da njegova deduktivna zatvorenost nije neizbježno svojstvo. Slijedeći von Wrightovu pretpostavku da aksiomi standardne deontične logike opisuju svojstva savršenoga normativnog sustava, uvodi se algoritam za prevođenje iz modalnoga u skupovnoteorijski jezik. Prijevod nam otkriva da plauzibilnost pojedinih metanormativnih načela leži na različitim osnovama. Koristeći se metodološkim pristupom koji prepoznaje različite aktere u normama upravljanome međudjelovanju, pokazuje se da su metanormativna načela obveze drugoga reda upućene različitim ulogama. Poseban slučaj jest zahtjev (...) koji se odnosi na deduktivnu zatvorenost jer se pokazuje da je upućen ulozi koja primjenjuje, a ne onoj koja izdaje norme. Pristup je primijenjen i na slučaj čiste derogacije, što dovodi do novoga rezultata; svojstvo neovisnosti biva svojstvom savršenoga normativnog sustava u odnosu na moguću derogaciju. Ovaj članak na polemički način dodiruje nekoliko točaka iznesenih u Kristanovome nedavnom članku. (shrink)

Sometimes speakers within a linguistic community use a term that they do not conceptualize as a slur, but which other members of that community do. Sometimes these speakers are ignorant or naïve, but not always. This article explores a puzzle raised when some speakers stubbornly maintain that a contested term t is not derogatory. Because the semantic content of a term depends on the language, to say that their use of t is semantically derogatory despite their claims and intentions, we (...) must individuate languages in a way that counts them as speaking our language L, assigns t a determinately derogatory content in L, and still accommodates the other features of slurs’ linguistic profile. Given the difficulty of doing this, there is some reason to give a non-semantic analysis of the derogatory aspect of slurs. The author suggests that rather than dismissing the stubborn as semantically incompetent, we would do better to appeal to expected uptake as moral reasons for the stubborn to adjust their linguistic practices. (shrink)

RESUMO O presente artigo contempla uma das tentativas mais significativas e controversas de explicar o significado de pejorativos como itens lexicais, a saber, a de Hom e May. Após apresentarmos em linhas gerais a teoria, identificamos conjuntos de sentenças pejorativas que saem verdadeiras nessa teoria e para as quais a questão da sua compatibilidade com a visão por eles defendida (a chamada Inocência Moral e Semântica) permanece em aberto. Explorando o arcabouço teórico padrão da teoria dos modelos em que Hom (...) e May (presumivelmente) trabalham, damos uma prova de sua compatibilidade com a visão. Dado que as questões relativas tanto à importância moral de pejorativos quanto aos efeitos práticos de seu proferimento não são resolvidas pela prova, destacamos, em seguida, implicações morais e pragmáticas indesejáveis para algumas das sentenças pejorativas sob escrutínio, mostrando assim que a visão de Hom e May, interpretada de maneira ampla, não é tão moral e semanticamente inócua como deveria ser. (shrink)

The Introduction to "Non-Derogatory Uses of Slurs", special issue of Grazer Philosophische Studien.

The majoritarian conception of democracy implies that counter-majoritarian institutions such as federalism—and even representative institutions—are derogations from democracy. The majoritarian conception is mistaken for two reasons. First, it is incoherent: majoritarianism ultimately stands against one of democracy’s core normative commitments—namely, political equality. Second, majoritarianism is premised on a mistaken view of power, which fails to account for the power of numbers and thereby fails to explain the inequality faced by members of persistent minorities. Although strict majority rule serves the democratic (...) values of political agency and equality as interpreted by a set of formal conditions, an adequate conception of power shows why in real-world conditions formal-procedural inequalities, instantiated by counter-majoritarian institutions such as federalism, are sometimes required to serve democratic equality. (shrink)

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

Abstract‘Africanisation’ has, during the last few decades, been a buzzword that has enjoyed special currency in South Africa. Africanisation is generally seen to signal a (renewed) focus on Africa, on reclamation of what has been taken from Africa, and, as such, it forms part of post-colonialist, anti-racist discourse. With regard to knowledge, it comprises a focus on indigenous African knowledge and concerns simultaneously ‘legitimation’ and ‘protection from exploitation’ of this knowledge. With regard to education, the focus is on Africanisation of (...) institutions, curricula, syllabi and criteria for excellence (in research, performance, etc.). This paper, while sympathetic to the basic concerns that inform the call/s for Africanisation, spells out the problems and limits of this project. For one thing, the idea of Africanisation may evoke a false or at least a superficial sense of ‘belonging’. For another, it may entail further marginalisation and derogation. Lastly, while it may emphasise relevance, it is hazardously close to a comprehensive relativism. In the light of these points, this paper suggests a more promising alternative: a framework of basic human rights appears to be a more appropriate locus for the pertinent concerns and demands. (shrink)

In recent work Mary Kate McGowan presents an account of oppressive speech inspired by David Lewis's analysis of conversational kinematics. Speech can effect identity-based oppression, she argues, by altering 'the conversational score', which is to say, roughly, that it can introduce presuppositions and expectations into a conversation, and thus determine what sort of subsequent conversational 'moves' are apt, correct, felicitous, etc., in a manner that oppresses members of a certain group (e.g. because the suppositions and expectations derogate or demean members (...) of that group). In keeping with the Lewisian picture, McGowan stresses the asymmetric pliability of conversational scores. She argues that it is easier to introduce (for example) sexist presuppositions and expectations into a conversation than it is to remove them. Responding to a sexist remark, she thus suggests, is like trying to "unring a bell". I begin by situating McGowan's work in the wider literature on speech and social hierarchy, and explaining how her account of oppressive speech improves upon the work of others in its explication of the relationship between individuals' verbal conduct and structurally oppressive social arrangements. I then propose an explanation and supportive elaboration of McGowan's claims about the asymmetric pliability of conversations involving identity-oppressive speech. Rather than regarding such asymmetry as a sui generis phenomenon, I show how we can understand it as a consequence of a more general asymmetry between making things salient and un-salient in speech, and I show how this asymmetry also operates in various cases that interested Lewis. (shrink)

This chapter examines the role played by derogatory terms (e.g., ‘inyenzi’ or cockroach, ‘inzoka’ or snake) in laying the social groundwork for the genocide of the Tutsi in Rwanda in 1994. The genocide was preceded by an increase in the use of anti-Tutsi derogatory terms among the Hutu. As these linguistic practices evolved, the terms became more openly and directly aimed at Tutsi. Then, during the 100 days of the genocide, derogatory terms and coded euphemisms were used to direct killers (...) to their victims. Understanding these speech acts helps to illuminate the important ways that power is enacted through discourse, how speech acts can prepare the way for physical and material acts, and how speech generates permissions for actions hitherto uncountenanced. Studying the role of speech acts and linguistic practices in laying the groundwork of the genocide illuminates how patterns of speech acts become linguistic practices that constitute permissibility conditions for non-linguistic behaviors. Further, the analysis presented here helps to make sense of the view that a steady, deep, and widespread derogation of a group can be part and parcel of genocide, not only an antecedent to it. (shrink)

The principles that usually direct ethical decision making are not easily or straightforwardly applicable to the care and treatment of anorexia nervosa, particularly the care and treatment of severe and enduring anorexia nervosa, where the sufferer seems to be recalcitrant to treatment and where the condition has become life-threatening.There are exceptional circumstances that characterize this puzzling and still scarcely understood condition; I suggest that these exceptional circumstances provide moral reasons for partial derogation from the usual principles of ethical decision (...) making.In what follows I argue... (shrink)

Before the EU General Data Protection Regulation entered into force in May 2018, we witnessed an intense struggle of actors associated with data-dependent fields of science, in particular health-related academia and biobanks striving for legal derogations for data reuse in research. These actors engaged in a similar line of argument and formed issue alliances to pool their collective power. Using descriptive coding followed by an interpretive analysis, this article investigates the argumentative repertoire of these actors and embeds the analysis in (...) ethical debates on data sharing and biobank-related data governance. We observe efforts to perform a paradigmatic shift of the discourse around the General Data Protection Regulation-implementation away from ‘protecting data’ as key concern to ‘protecting health’ of individuals and societies at large. Instead of data protection, the key risks stressed by health researchers became potential obstacles to research. In line, exchange of information with data subjects is not a key concern in the arguments of biobank-related actors and it is assumed that patients want ‘their’ data to be used. We interpret these narratives as a ‘reaction’ to potential restrictions for data reuse and in line with a broader trend towards Big Data science, as the very idea of biobanking is conceptualized around long-term use of readily prepared data. We conclude that a sustainable implementation of biobanks needs not only to comply with the General Data Protection Regulation, but must proactively re-imagine its relation to citizens and data subjects in order to account for the various ways that science gets entangled with society. (shrink)

Most accounts of the derogatory meaning of slurs are semantic. Recently, Nunberg proposed a purely pragmatic account offering a compelling picture of the relation between derogatory content and social context. Nunberg posits that the semantic content of slurs is identical to that of neutral counterparts, and that derogation is a result of the association of slur use with linguistic conventions of bigoted speakers. The mechanism responsible for it is a special kind of conversational implicature. However, this paper argues that (...) Nunberg’s proposal suffers from technical and conceptual problems regarding the application of the concepts of implicature and convention. It is proposed that the implicature mechanism should be replaced by expressive commitment attribution. The account advocated here preserves crucial insights of Nunberg’s analysis, 25–48, 2013a, Analytic Philosophy 54, 350–363, 2013b; Bolinger Nous, 51, 439–462, 2017), giving them a firmer conceptual basis. It supports a distinction between derogation and offensiveness of slurs that improves on the one proposed by Hom and May, 293–313 2013), and sheds light on puzzling borderline cases: the use of slurs by ignorant speakers and controversies surrounding the status of some words as potentially slurs. (shrink)