How can we eradicate violence against women? How, at least, can we reduce its prevalence? One possibility offered by Catharine MacKinnon is to harness international human rights norms, especially prohibitions on torture, and apply them to sexual violence with greater rigour and commitment than has hitherto been the case. This article focuses particularly on the argument that all rapes constitute torture in which states are actively complicit. It questions whether a feminist strategy to reconceptualise rape as torture should (...) be pursued, suggesting that we retain the label ‘rape’ due to its gendered meaning and powerful associations. It is also claimed that we may lose sight of the commonality of rape in calling it torture, as well as obscuring the varied responses of women survivors. Finally, the article canvasses the idea that we recognise the different circumstances and contexts in which rape takes place, which may mean different criminal offences for different rapes; for example, preserving the label ‘torture’ for those rapes in which state officials are participants. (shrink)

The work of Andrea Dworkin and Catharine A. MacKinnon on sex and sexuality has often been posed as adversary to the development of queer theory. Leo Bersani, in particular, is critical of the normative ambitions of their work, which he sees firstly as trying to ‘redeem’ sex acts themselves, and secondly as advocating for sexuality as a site of potential for social transformation. In this article, I argue that this is a misreading of their work. Drawing on Dworkin's (...) wide body of writing, and MacKinnon early essays in Signs, I suggest that their work makes no such case for sex or sexuality. Rather, by bringing their analysis into conversation with Halberstam's recent work on ‘shadow feminism’, I contend that Dworkin and MacKinnon's antisocial, anti-pastoral and distinctly anti-normative vision of sex and sexuality shares many of the same features of queer theory, ultimately advocating for sex as ‘irredeemable’. (shrink)

Catharine MacKinnon's fundamental claim is that the violence and abuse routinely inflicted on women by men is not treated with the same seriousness accorded to a human rights violation, or torture, or terrorism, or a war crime, or a crime against humanity, or an atrocity.

Feminists are divided on whether consent should be employed in legal definitions of rape. Catharine MacKinnon has criticized the usefulness of consent in enabling legal systems to recognize and prosecute instances of rape (MacKinnon 1989, 2005, 2016). In a recent article in this journal, Lisa H. Schwartzman defends the use of affirmative consent in rape law against MacKinnon’s critique (Schwartzman 2019). In contrast to MacKinnon, Schwartzman claims our understanding of rape must include both force and (...) consent components. In this paper, I will argue in agreement with Schwartzman and against MacKinnon that the legal definition of rape should include an affirmative consent component. I will take Schwartzman’s discussion as my point of departure and consider whether she has responded adequately to MacKinnon’s criticisms of consent. I will argue that her responses are not fully adequate. In particular, she has not successfully rebutted the argument that an appeal to consent is unnecessary once we have accepted an expanded definition of coercion. I will then provide a more affirmative defense of affirmative consent in response to MacKinnon’s most challenging criticism. (shrink)

Catharine MacKinnon's investigation of the role of sexuality in the subordination of women is a logical culmination of radical feminist thought. If this is correct, the position of her work relative to radical feminism is analogous to the place Parmenides's work occupied in ancient Greek philosophy. Critics of MacKinnon's work have missed their target completely and must engage her work in a different way if feminist theory is to progress past its current stalemated malaise.

Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of (...) class='Hi'>MacKinnon's constructionist claims. I also show that the erroneous verdictive is of more general interest. (shrink)

Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of (...) class='Hi'>MacKinnon's constructionist claims. I also show that the erroneous verdictive is of more general interest. (shrink)

: Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of (...) MacKinnon's constructionist claims. I also show that the erroneous verdictive is of more general interest. (shrink)

Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of (...) class='Hi'>MacKinnon's constructionist claims. I also show that the erroneous verdictive is of more general interest. (shrink)

The aim of this book is to provide a unified solution to a wide range of philosophical problems raised by fiction. While some of these problems have been the focus of extensive philosophical debate, others have received insufficient attention. In particular, the epistemology of fiction has not yet attracted the philosophical scrutiny it warrants. There has been considerable discussion of what determines the contents of works of fiction, but there have been few attempts to explain how audiences identify their contents, (...) or to identify the norms governing the correct understanding and interpretation of works of fiction. -/- This book answers a wide range of both metaphysical and epistemological questions concerning fiction in a way that clarifies the relations between them. The metaphysical questions include: What distinguishes works of fiction from works of non-fiction?; What is the nature of fictive utterances?; What determines the contents of works of fiction?; What kinds of fictive content are there?; How broad in scope is fictive content?; and What kinds of things are fictional entities? The epistemological questions include: How do audiences identify the contents of authors’ fictive utterances?; How does understanding a work of fiction differ from interpreting it?; and What role does thinking and talking about fiction from an external perspective play in enabling communication through fiction? It develops the first single theory that provides answers to all these questions. (shrink)

There is a variety of epistemic roles to which photographs are better suited than non-photographic pictures. Photographs provide more compelling evidence of the existence of the scenes they depict than non-photographic pictures. They are also better sources of information about features of those scenes that are easily overlooked. This chapter examines several different attempts to explain the distinctive epistemic value of photographs, and argues that none is adequate. It then proposes an alternative explanation of their epistemic value. The chapter argues (...) that photographs play the epistemic roles they do because they are typically rich sources of depictively encoded information about the scenes they depict, and reliable depictive representations of those scenes. It then explains why photographs differ from non-photographic pictures in both respects. (shrink)

Depiction is the form of representation distinctive of figurative paintings, drawings, and photographs. Accounts of depiction attempt to specify the relation something must bear to an object in order to depict it. Resemblance accounts hold that the notion of resemblance is necessary to the specification of this relation. Several difficulties with such analyses have led many philosophers to reject the possibility of an adequate resemblance account of depiction. This essay outlines these difficulties and argues that current resemblance accounts succumb to (...) them. It then develops an alternative resemblance account, drawing on Grice's account of nonnatural meaning and its role in determining sentence meaning to argue that something depicts an object if it bears intention-based resemblances to the object that jointly capture its overall appearance. In addition to solving the metaphysical problem of what it is for something to depict an object, this account also sheds significant light on the epistemological issue of how we are able to work out that something depicts an object. This essay argues that our ability to work out that something depicts an object results from both our more general ability to identify intentions from the products of communicative behavior and our knowledge of stylistic conventions. This account avoids the difficulties that face rival attempts to analyze depiction in terms of resemblance. It also clarifies and explains the features that distinguish depictive from nondepictive representation. (shrink)

In this paper, I provide a descriptive definition of art that is able to accommodate the existence of bad art, while illuminating the value of good art. This, I argue, is something that existing definitions of art fail to do. I approach this task by providing an account according to which what makes something an artwork is the institutional process by which it is made. I argue that Searle’s account of institutions and institutional facts shows that the existence of all (...) institutions is due to their being perceived by their participants to perform some humanly valuable function. I then identify the functions to which the existence of art institutions is due. I then use these functions to provide a reductive institutional definition of art. Finally, in section seven, I examine the account’s consequences for the value of good art. (shrink)

The genre to which an artwork belongs affects how it is to be interpreted and evaluated. An account of genre and of the criteria for genre membership should explain these interpretative and evaluative effects. Contrary to conceptions of genres as categories distinguished by the features of the works that belong to them, I argue that these effects are to be explained by conceiving of genres as categories distinguished by certain of the purposes that the works belonging to them are intended (...) to serve. (shrink)

An adequate account of the nature of genre and of the criteria for genre membership is essential to understanding the nature of the various categories into which comics can be classified. Because they fail adequately to distinguish genre categories from other ways of categorizing works, including categorizations according to medium or according to style, previous accounts of genre fail to illuminate the nature of comics categories. I argue that genres are sets of conventions that have developed as means of addressing (...) particular interpretative and/or evaluative concerns, and have a history of co‐instantiation within a community, such that a work’s belonging to some genre generates interpretative and evaluative expectations among the members of that community. Genres are distinct from styles in consisting of conventions, and are distinct from media both in consisting of conventions and in generating interpretative and evaluative expectations. (shrink)

This volume of specially written essays by leading philosophers offers to set the agenda for the philosophy of depiction.

In this paper, I discuss the influential view that depiction, like language, depends on arbitrary conventions. I argue that this view, however it is elaborated, is false. Any adequate account of depiction must be consistent with the distinctive features of depiction. One such feature is depictive generativity. I argue that, to be consistent with depictive generativity, conventionalism must hold that depiction depends on conventions for the depiction of basic properties of a picture’s object. I then argue that two considerations jointly (...) preclude depiction from being governed by such conventions. Firstly, conventions must be salient to those who employ them. Secondly, those parts of pictures that depict basic properties of objects are not salient to the makers and interpreters of pictures. (shrink)

The Nuremberg Code of ethical principles for experiments involving human beings has as its first requirement that “the voluntary consent of the human subject is absolutely essential.” Since the time of the trials that supplied its motivation the principles have been amplified and detail and distinctions have been added. For example, the Declaration of Helsinki, adopted by the World Medical Association in 1964, again laid down general principles related to voluntariness, balance of risk and benefit, and scientific soundness. However, it (...) also noted that the ethical issues with regard to two distinctly different types of human experiment vary. These two types are clinical research and nonclinical biomedical research. In actuality, we may distinguish three types of human biomedical experimentation. Two of these are therapeutic and nontherapeutic experimentation. The first is directed primarily to the benefit of the experimental subjects who are being treated with some new experimental therapy for their ailment. In the second an experiment is designed to increase medical knowledge and uses volunteers who are healthy or whose illness is not related to the experimental study. One key difference between the ethical requirements specified by the Declaration of Helsinki for therapeutic and nontherapeutic experimentation was that the second approach required participation only by volunteers whom we assume are able to and do give their informed consent. However, in the first approach if consent were not obtained, the physician must specify the reasons and present these before an independent committee. (shrink)

It is generally recognised that an adequate resemblance-based account of depiction must specify some standard of correctness which explains how a picture’s content differs from the content we would attribute to it purely on the basis of resemblance. For example, an adequate standard should explain why stick figure drawings do not depict emaciated beings with gargantuan heads. Most attempts to specify a standard of correctness appeal to the intentions of the picture’s maker. However, I argue that the most detailed such (...) attempt to date is incomplete. I argue that an adequate standard can be given only if one construes a picture’s content as being pictorially implicated, in a way analogous to that in which Grice explains an utterance’s meaning as being conversationally implicated. I propose a theory of pictorial implicature and use it as the basis for an intention-based standard of correctness. I show how this standard is able to explain both the ways in which the content of pictures differs from the content we would attribute to them solely on the basis of resemblance, and how we are able to apply an intention-based standard of correctness even though we lack any independent knowledge of the intentions of pictures’ makers. (shrink)

According to ontological nihilism there are, fundamentally, no individuals. Both natural languages and standard predicate logic, however, appear to be committed to a picture of the world as containing individual objects. This leads to what I call the \emph{expressibility challenge} for ontological nihilism: what language can the ontological nihilist use to express her account of how matters fundamentally stand? One promising suggestion is for the nihilist to use a form of \emph{predicate functorese}, a language developed by Quine. This proposal faces (...) a difficult objection, according to which any theory in predicate functorese will be a notational variant of the corresponding theory stated in standard predicate logic. Jason Turner (2011) has provided the most detailed and convincing version of this objection. In the present paper, I argue that Turner's case for the notational variance thesis relies on a faulty metasemantic principle and, consequently, that an objection long thought devastating is in fact misguided. (shrink)

According to anti-individualism, the basic building blocks of the world are not individuals. The anti-individualist argues that standard, individual-entailing claims–for instance, that Theia is a cat–are mistaken in presupposing that there are individuals, but that such claims correspond to statements in a feature-placing language devoid of these presuppositions. Instead, the world is entirely made up of non-individualistic features–structurally akin to familiar examples such as it's raining or it's snowing–that are arranged in particular ways. Since features do not carve out individual (...) differences, however, this seems to entail that there is a class of statements in an individualistic language–statements expressing mere differences in which object is which–the members of which all correspond to the same anti-individualist description. That is, anti-individualism seems to entail anti-haecceitism, according to which all differences in ways the world could be supervene on qualitative differences. In this paper, I argue that, on the contrary, the anti-individualist has the resources to accommodate non-qualitative differences among ways the world could be. Moreover, haecceitistic anti-individualism does justice to the motivations for rejecting individuals while nevertheless accommodating intuitions that certain kinds of scenarios are metaphysically distinct. (shrink)

In this paper, I develop a unified account of cinematic representation as primary depiction. On this account, cinematic representation is a distinctive form of depiction, unique in its capacity to depict temporal properties. I then explore the consequences of this account for the much-contested question of whether cinema is an independent representational art form. I show that it is, and that Scruton’s argument to the contrary relies on an erroneous conception of cinematic representation. CiteULike Connotea Del.icio.us What's this?