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

This collection includes an Introduction and nine articles by contemporary scholars writing on essential topics in Marx’s thought. The topics include: Marx’s theory of history and historical development, his theories of alienation and economic exploitation, his views on ideology, and his critique of justice (including distributive justice) and rights. These essays emphasize the value—specifically with respect to issues in social, moral, and political philosophy—of textually self-conscious, scrupulously analytic investigations of Marx’s work. They afford clarification and elucidation of many of Marx’s (...) fundamental commitments and theories thereby facilitating an understanding of their implications for both effective explication and critical evaluation. Authors included are: G. A. Cohen, William Shaw, John E. Elliott, George E. Panichas, Allen W. Wood, Ziyad I. Husami, Gary Young, and Allen E. Buchanan. (shrink)

This paper addresses the rights-ascription problem—the problem of determining what properties or characteristics one must have to qualify for fundamental rights. As argued here, one traditional response to this problem—the “humanity standard”—fails because rather than recognizing the problem as one of moral predication regarding actual individuals, it accepts nominal membership in a vaguely defined class (e.g., “humanity”) as adequate grounds for ascribing these rights. This failure encourages the hypothesis pursued here, viz., that qualifying for fundamental rights is a matter of (...) whether, given their specific nature, certain individuals (whether human or not) can benefit from the distinctive normative benefits of the fundamental rights ascribed to them. The paper uses a significantly modified rendition of Feinberg’s analysis to argue that only individuals who have or are capable of having certain interests, those that are for their own sake as is their due, qualify to make fundamental rights-claims. Of paramount importance here is the relationship between having such interests and having a “transitive due”; i.e. the psychological capacity to benefit from the moral respect and deference afforded oneself by others when asserting or exercising one’s fundamental rights. (shrink)

This paper considers the theoretical and methodological origins of Marx's beliefs and attitudes towards classical moral theories and then their implications for two basic questions: (1) In what way, if any, was Marx suspicious and dismissive of classical moral theories (e.g., utilitarianism or Kantianism), and (2) what sort of moral theory can a proponent of Marx's moral views support? Here it is argued that there is a clear sense in which Marx would not have been automatically suspicious of moral ideas, (...) conceptions, discourse and the rest. But there is an equally clear sense in which he was. It is in the latter respect that Marx’s views must be explicated in terms of his theory of historical development, and it is only here that the full richness and impact of Marx’s views on moral philosophy can be understood and appreciated. (shrink)

G. A. Cohen’s pathbreaking book, Karl Marx‘s Theory of History: A Defence (1978), prompted extensive reconsideration of historical materialism. This effort recast ongoing debates about Marx‘s theory of history by defending the view that historical materialism embodies a set of substantive claims as appropriately subject to analytical scrutiny as those of any other viable theory. Specifically, Cohen advances one central substantive claim that summarizes his reading of the “Preface” to A Contribution to the Critique of Political Economy. “History is, fundamentally, (...) the growth of productive power, and forms of society rise and fall according as they enable or impede that growth.” This premise affirms that the same set of factors that explain changes societies undergo within a given historical epoch also explain transitions between historical epochs. The theoretical account of intraepochal historical development suffices equally to cover interepochal, revolutionary change. In this paper we reject this premise and argue that even on the most plausible reconstruction of Marx’s theory of history—a reconstruction that employs, among other things, a careful ownership-based criterion of historical epochs and the use of functional explanations—Marx’s theory of history cannot explain social revolutions. -/- . (shrink)

It will be assumed that the questions are legitimate.

Written over the last 18 months of his life and inspired by his interest in G. E. Moore's defence of common sense, this much discussed volume collects Wittgenstein's reflections on knowledge and certainty, on what it is to know a proposition for sure.

Five experiments provide evidence for a class of ‘dual character concepts.’ Dual character concepts characterize their members in terms of both (a) a set of concrete features and (b) the abstract values that these features serve to realize. As such, these concepts provide two bases for evaluating category members and two different criteria for category membership. Experiment 1 provides support for the notion that dual character concepts have two bases for evaluation. Experiments 2-4 explore the claim that dual character concepts (...) have two different criteria for category membership. The results show that when an object possesses the appropriate concrete features, but does not fulfill the appropriate abstract value, it is judged to be a category member in one sense but not in another. Finally, Experiment 5 uses the theory developed here to construct artificial dual character concepts and examines whether participants react to these artificial concepts in the same way as naturally occurring dual character concepts. The present studies serve to define the nature of dual character concepts and distinguish them from other types of concepts (e.g., natural kind concepts), which share some, but not all of the properties of dual character concepts. More broadly, these phenomena suggest a normative dimension in everyday conceptual representation. (shrink)

Author list: H. Frey; A. Willwoll; Georg Wunderle; E. Raitz V. Frentz; Q. Wihstutz; G. Wihstutz; R. Walter; A. Bolley; E. Steinwand; R.H. Thouleß; B. Vasady; A. Bolley.

In this paper I argue that narratives concerning Periclean Athens have mistakenly imposed modern conceptions of enlightenment onto the Greek world,and have therefore been blinded to crucial aspects of Socrates’s practice of moral reason giving. In contrast to the Kantian conception of enlightenment, which puts forth an image of the ideally enlightened person as an autonomous reasoner, one who refuses to be guided by another and who has the courage to throw off the chains of tradition and “think for oneself,” (...) I argue that Socrates provides us with a much different picture of the enlightened individual. Socrates’s practice of moral reasoning does not take the form of autonomous rationality that is antithetical to tradition, but rather his practice recognizes the rightful authority of tradition and custom in moral reason giving. Thus, rather than characterizing Socrates through a Kantian enlightenment reading, this paper argues that we should study Socrates through the lens of the sensus communis, a humanist concept articulated well by Giambattista Vico and Hans Georg-Gadamer. (shrink)