Discussions of sexual ethics often focus on the wrong of treating another as a mere object instead of as a person worthy of respect. On this view, the task of sexual ethics becomes putting the other’s subjectivity above their status as erotic object so as to avoid the harms of objectification. Ward and Anderson argue that such a view disregards the crucial, moral role that erotic objecthood plays in sexual encounters. Important moral features of intimacy are disclosed through the experience (...) of being an erotic object for another, as well as in perceiving another as an erotic object. Drawing on phenomenology, especially the insights of Simone de Beauvoir, Ward and Anderson argue that erotic encounters are shaped by the human condition of ambiguity, where being an object for others is intertwined with bodily agency. Because sexual agency is complex in this way, theories of sexual ethics and responsibility must widen their focus beyond transparent communication and authoritative expressions of will. (shrink)

The author of this paper is currently working on a pilot project with school children and individuals who are in their final years of their prison sentence. The project should offer a pragmatic alternative to the way humanism has established and defined our mode of expressions. Such modes effect our ways of deliberation and judgement when it comes to ethical issues. This paper will act both as a critique and provide, at the same time, a positive alternative to those who (...) are still being coerced into confessing an act they committed in a language in which they do not only not recognise themselves but risk, moreover, not being understood. The likelihood of this occurring stems from a fundamental disconnect, namely the fact that their way of communicating does not chime in with the expectations of the knowledgeable others whose formal speech registers betray deeply-ingrained oppressive humanist modes of discourse and ideologies which, having long been normalized are, to the former’s detriment, regrettably and routinely overlooked. The aim of this paper is to introduce my project in order to show the reader that many of the postmodern critiques of narrative and agent formation can be overcome by a cybernetic system of a new mode of writing, by means of which the intentions of the agent are fragmented and reconstructed immediately by a secondary, non-human agent – the software. I shall be making a case that this software will become vital to mediate human storytelling through non- human generation creating an enhanced understanding for both reader and writer. (shrink)

This article makes a distinction between two kinds of feminist philosophy. One looks ‘up’ to the realm of philosophy and aims to intervene in this realm in order to make it feminist. The other looks ‘down’ to the world of human experience and aims to make it feminist. This article argues that feminist philosophers’ efforts are better spent on the second kind of feminist philosophy. Feminist philosophy can better achieve its aims by applying philosophy to the critical analysis of women's (...) lives and gender norms, rather than by attempting to change the discipline of philosophy itself. (shrink)

The aim of this paper is to assess the evidence on Cyrenaic solipsism and show how and why some views endorsed by the Cyrenaics appear to be committing them to solipsism. After evaluating the fascinating case for Cyrenaic solipsism, the paper shall deal with an (often) underestimated argument on language attributed to the Cyrenaics, whose logic – if I reconstruct it well – implies that after all the Cyrenaics cannot have endorsed a radical solipsism. Yet, by drawing an illuminating parallel (...) with Wittgenstein’s argument on private language and inner sensations, a case is to be made for the Cyrenaics to have subscribed to a sort of ‘residual solipsism’, which in turn helps us to understand the notion of Cyrenaic privacy at a fuller extent. (shrink)

The truth-justification is an enduring explanation for valuing free speech. This paper seeks to advance an account of “assertion”, found in speech act theory, that can identify speech which contributes to truth-discovery in a nuanced way. I apply the dialectic theory of assertion which emphasises the language game of giving and asking for reasons to believe things as assertional social practice. In doing so, I consider what “moves” in this game make sense from a truth-discovery perspective, drawing together contemporary and (...) foundational work on assertion in linguistics to fit the normative context of law. Speech act theory is often invoked in current free speech literature to identify regulable speech, but less typically to identify speech that warrants legal protection. I contextualise my theory within this existing legal work and show how the model I advocate for applies across many formulations of the truth-justification to offer comprehensive explanatory and justificatory power. I also explore the potential appeal of alternative theories of assertion and explain why they are a poor fit in comparison to the dialectical account. (shrink)

A lo largo de su obra Ronald Dworkin ha planteado una cuestión crucial acerca de la libertad de expresión: ¿es un derecho tan importante que su protección exige permitir formas de expresión que consideramos despreciables, ofensivas o socialmente dañinas? En este trabajo me gustaría analizar la reflexión del filósofo en torno a tal cuestión, centrándonos en la pornografía y los discursos del odio. Estas formas de expresión constituyen un desafío para los defensores de esa libertad, pues nos obligan a revisar (...) los argumentos tradicionales empleados en su defensa. Para ello, consideraré en primer lugar la cuestión de si existe un derecho a la pornografía y cómo se podría justificar. Después revisaré su polémica con autoras feministas como Catharine MacKinnon a propósito de la prohibición de la pornografía, pues varias de las cuestiones son pertinentes en relación con los discursos del odio. Para concluir examinaré el modo en que R. Dworkin replantea la defensa de la libertad de expresión, pues tiene relevancia en el contexto de la discusión sobre la penalización de los discursos del odio. (shrink)

I argue that, alongside the already well-established prohibition against treating persons as mere means, Kant’s Formula of Humanity requires a prohibition against treating persons as mere things. The former captures ethical violations due to someone’s (perceived) instrumental value, e.g. exploitation, the latter captures cases in which I mistreat others because they have no instrumental value to me. These are cases in which I am indifferent and complacent towards persons in need; forms of mistreatment frequently suffered by the world’s poorest. I (...) explain why we need the category of treating others as mere things and what the prohibition against such treatment entails. Prohibitions against treating as mere means and as mere things are both essential for understanding the specific nature and extent of our duties to the world’s poorest. (shrink)

Some exceptional and surprising mistakes of scholarship made in the writings of a number of feminist academics (Ruth Bleier, Ruth Hubbard, Susan Bordo, Sandra Harding, and Rae Langton) are examined in detail. This essay offers the psychological hypothesis that these mistakes were the result of political passion and concludes with some remarks about the ability of the social sciences to study the effect of the politics of the researcher on the quality of his or her research.

The purpose of this paper is to emphasize the fact that the consumption phenomenon constitutes a characteristic of postmodern culture, in this case played by the process of objectification of the body, under the auspices of pornography. The concept of ‘cultural recycling’ analyzed by Jean Baudrillard brings out not only the undermining of the values of cultural and historical tradition by postmodern culture, but also the establishment of reference systems built around simulation and simulacrum, making possible the capitalization of pornography (...) in the name of advertising and sexual entertainment. With this process of body objectification, especially with the female gender body, pornography becomes the cultural fetish the mass culture needs. ‘Sexual solipsism’, analyzed by Rae Langton, within whose limits this objectification mechanism is being built, is helped by the shift in paradigm produced between soul and body, the body being the one taking the soul’s place and governing the cultural-human existence, through a mechanical deconstruction of sexuality and a technological fetishism, as we see in J. Ballard’s novel, Crash or in the homonymous film directed by David Cronenberg. The manipulative mechanism through which the pornographic device infiltrates mass culture environments makes it present in art, in the form of a presence, through absence for starters, given by what Brian McNair conceptually calls ‘porno-chic’. And then, through ‘pornographic imagination’, analyzed by Susan Sontag, pornography enters postmodern culture and constituted a way of life for the contemporary individual. (shrink)

This article discusses recent feminist arguments for the possible existence of an interesting link between treating things as people and treating people as things. It argues, by way of a historical case study, that the connection is more complicated than these arguments have supposed. In addition, the essay suggests some possible general links between treatment of things and treatment of people.

My paper deals with the fragility of women and girls’ voices in sexist contexts. I describe this situation as one of linguistic injustice, and I propose an approach based on Wittgenstein and Cavell’s works. I argue that the characteristic female experience of being silenced when they express their experiences in sexist contexts can be understood as a lack of attunement with the community of male locutors.

This paper formulates a response to standard accounts of Kantian sexual morality, by first clarifying why sex should be understood as a case of using a person as a thing, rather than merely as a means. The author argues that Kant’s remedy to this problem is not sexual consent, but a model of setting and sharing sexual ends. Kant’s account of sexual morality, read in this way, is a critical framework for contemporary moves to think beyond consent, and to grapple (...) with concerns about sexual violation and “bad sex” that have gained uptake in the wake of the MeToo movement. The author defends an account of sex as a process of setting and sharing sexual ends in a Kantian key, which provides us with resources for thinking about the robust ongoing project of making our sexual selves in nonideal conditions, as well as for identifying the wrongs of both “bad” sex and sexual harassment. In doing so, they offer a critical middle ground between contemporary accounts of sexual morality that center questions of individual agency or autonomy, and those that foreground the intersubjective nature of sex. (shrink)

McGowan here responds to essays written in critical engagement with her lead essay (Just Words: On Speech and Hidden Harm: An Overview and an Application). She here responds to Caroline West, Ishani Maitra, Jeremy Waldron, Robert Mark Simpson, Lawrence Lengbeyer, Louise Richardsoon-Self, Laura Caponetto and Bianca Cepollaro.

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 MacKinnon's constructionist claims. I (...) also show that the erroneous verdictive is of more general interest. (shrink)

ABSTRACT This paper argues for a hidden way in which speech constitutes harm by enacting harmful norms. The paper then explores the potential legal consequences of uncovering such instances of harm constitution. In particular, the paper argues that some public racist speech constitutes harm and is thus harmful enough to warrant legal remedy. Such utterances are actionable, it is contended, because they enact discriminatory norms in public spaces.

Faced with hate speech, oppressed groups can use their own speech to respond to their verbal oppressors. This “counterspeech,” however, sometimes itself takes on a hateful form. This paper explores the moral standing of such “hateful counterspeech.” Is there a fundamental moral asymmetry between hateful counterspeech, and the hateful utterances of dominant or oppressive groups? Or are claims that such an asymmetry exists indefensible? I argue for an intermediate position. There _is_ a key moral asymmetry between these two forms of (...) speech. But, this asymmetry notwithstanding, hateful counterspeech is capable of enacting serious harms—and so, contrary to what many legal theorists have argued, it is in principle an appropriate object of legal regulation. I begin by considering the central argument for thinking that hateful counterspeech is not seriously troubling. This argument holds that oppressed groups lack authority—and, by extension, “speaker power.” Yet this argument, I suggest, sits in tension with the fact that low-status members of dominant groups can, through their utterances, seriously harm members of oppressed groups. Philosophers of language have developed sophisticated arguments to explain this last phenomenon: they have argued that speaker power is relativised to particular jurisdictions; that it can be acquired dynamically in local settings; and that it is socially dispersed. I argue that, in light of these arguments, it appears that hateful counterspeech, too, can generate serious harms. Nevertheless, I show that this conclusion is compatible with recognising a crucial moral asymmetry between hateful counterspeech and the hate speech of oppressors. (shrink)

In ‘The Harm in Hate Speech’ Waldron’s most interesting and ground-breaking contribution lies in a distinctive epistemological role he assigns to hate speech legislation: it is necessary for assurance of justice, and thus for justice itself. He regards public social recognition of what is owed to citizens as a public good, contributing to basic dignity and social standing of citizens. His claim that hate speech in the public social environment damages assurance of justice has wider implications, I argue: for hate (...) speech conducted in private; for pornography; and indeed for any speech that thwarts knowledge of what justice requires. (shrink)

This paper explores abuse received by a Chilean right-wing female politician in tweets produced with the #CamilaPeluche hashtag, which aimed to shame her sexually. The data considers the period of 22 days since the creation and spread of the hashtag, which took place 5 days into the 2019 uprising in Chile. This paper follows a corpus-based critical discourse analysis that examines the most frequently used adjectives, that is, predication strategies, that characterise the politician, as well as their legitimating function through (...) the identification of van Leeuwen’s legitimation strategies. Results showed that what started as gendered aggression evolved towards a focus on social class and political stance due to the politician’s characteristics and those of the sociohistorical context where the aggressions originated. Furthermore, it was found that the politician’s anti-democratic values were used to justify abuse against her, presenting it as reasonable. (shrink)

As feminist scholars, we hope that our own work is exempt from structural problems such as racism, sexism, and Eurocentricism, that is, the kind of problems that are exemplified and enacted by Kant’s works. In other words, we hope that we do not re-enact, implicitly or explicitly, Kant’s problematic claims, which range from the unnaturalness of a female philosopher, “who might as well have a beard,” the stupid things that a black carpenter said “because he was black from head to (...) foot,” the poor women “living in the greatest slavery in the Orient,” to the “sheep-like existence of the inhabitants of Tahiti.” In this piece, I argue that we cannot simply hope to avoid these problems unless we are vigilant about incorporating the full picture of Kant’s and Kantian philosophy into our feminist appropriations. I will show that one way to minimize if not altogether avoid this risk is to follow the model of a new methodology that establishes the continued relevance of all of Kant’s claims for our present. Inspired by Spivak’s A Critique of Postcolonial Reason, I will call this alternative methodology the “constructive complicity” approach. (shrink)

In this paper, I offer one moral reason to eschew antidepressant medication in favor of cognitive therapy, all other things being equal: taking antidepressants can be a form of self-objectification. This means that, by taking antidepressants, one treats oneself, in some sense and some cases, like a mere object. I contend that, morally, this amounts to a specific form of devaluing oneself. I argue this as follows. First, I offer a detailed definition of “objectification” and argue for the possibility of (...) self-objectification on this definition. I then explain why this form of self-objectification is morally problematic. (Morally problematic does not mean morally impermissible. It means, instead, that there is a moral reason opposing the activity in question). After, I describe how taking antidepressants can count as self-objectifying. Finally, I defend my thesis against a key objection offered by Levy. Thus, assuming that antidepressants and cognitive therapy are equally efficacious, and that all other things are equal, the self-objectifying character of antidepressants is a compelling reason to regard cognitive therapy as a first-choice treatment for depression. (shrink)

Its critics call it ‘feminism-as-crime-control’, or ‘Governance Feminism’, diagnosing it as a pernicious form of identity politics. Its advocates call it taking sexual violence seriously – by which they mean wielding the power of the state to ‘punish perpetrators’ and ‘protect vulnerable women’. Both sides agree that this approach follows from the radical feminist analysis of sexual violence most strikingly formulated by Catharine MacKinnon. The aim of this paper is to rethink the Governance Feminism debate by questioning this common presupposition. (...) I ask whether taking MacKinnon’s analysis of sexual violence seriously might, in fact, itself give us reason to be critical of political strategies that embrace the punitive state. By raising this question, I hope to persuade radical feminists to listen to critics of carceral politics rather than dismissing them as rape apologists, and critics of carceral politics to listen to radical feminists rather than dismissing them as state apologists. (shrink)

We sometimes have reasons to perform actions due to what they would communicate. Those who have discussed such reasons have understood what an action ‘communicates’ as what it conventionally expresses. Brennan and Jaworski argue that when a convention ensures that expressing the appropriate thing would be costly, we should change or flout the convention. I argue that what really matters is often what attitudes we indicate rather than conventionally express, using social science to show that indicating our attitudes is often (...) unavoidably costly, and sometimes worth the cost. I use this account to defend communicative arguments for egalitarian distributive policies. (shrink)

In a recent article, J. Angelo Corlett criticises what he takes to be the ‘offensiphobic’ practices characteristic of many universities. The ‘offensiphobe’, according to Corlett, believes that offensive speech ought to be censured precisely because it offends. We argue that there are three serious problems with Corlett’s discussion. First, his criticism of ‘offensiphobia’ misrepresents the kinds of censorship practiced by universities; many universities may in some way censure speech which they regard as offensive, but this is seldom if ever a (...) manifestation of ‘offensiphobia’. Second, we attempt to reconstruct Corlett’s criticism of ‘offensiphobia’ as a criticism of the practice of censuring hate speech, and show that this argument is unsuccessful. Third, we offer some brief reflections on how labelling universities as ‘offensiphobic’ is especially problematic in light of the current climate of political interference in university research and teaching. (shrink)

A recurring concern within contemporary philosophy of language has been with the ways in which speakers can be illocutionarily silenced, i.e. hindered in their capacity to do things with words. Moving beyond the traditional conception of silencing as uptake failure, Mary Kate McGowan has recently claimed that silencing may also involve other forms of recognition failure. In this paper I first offer a supportive elaboration of McGowan’s claims by developing a social account of speech act performance, according to which the (...) success of an illocutionary act is not only a function of the intentions of and the conventions deployed by the speaker, but partly depends on how the act is recognized or taken up by the hearer. I then provide a comprehensive definition of illocutionary silencing and spell out what it means for it to occur in a systematic manner. (shrink)

In Jeremy Waldron’s book, The Harm in Hate Speech, it is not always clear whether he argues that hate speech causes harm or whether it constitutes harm. This article considers this uncertainty, concluding that the best understanding of Waldron’s argument is that hate speech tends to cause harm - a weak form of the consequentialist case for its proscription. His argument is not advanced by his apparent reliance on speech-act theory.

Social constructionism is often considered a form of anti-realism. But in contemporary feminist philosophy, an increasing number of philosophers defend views that are well-described as both realist and social constructionist. In this paper, I use the work of Sally Haslanger as an example of realist social constructionism. I argue: that Haslanger is best interpreted as defending metaphysical realism about social structures; that this type of metaphysical realism about the social world presents challenges to some popular ways of understanding metaphysical realism.

The body and bodily experience make little appearance in analytic moral philosophy. This is true even of analytic sexual ethics—the one area of ethical inquiry we might have expected to give a starring role to bodily experience. I take a small step toward remedying that by identifying one way in which the bodily experience of sex is ethically significant: some of the physical actions of sex have a default expressive significance, conveying trust, affection, care, sensitivity, enjoyment, and pleasure. When people (...) having sex don't in fact have these feelings, the sex can be misleading, even if they've antecedently communicated that they don't have these feelings. This account of how sex can mislead is inspired by a perhaps surprising source, Catholic sexual morality. Analytic sexual ethicists could benefit from emulating Catholic sexual morality's attentiveness to the bodily nature of sex and its ethical significance. (shrink)

This best-selling volume examines the nature, morality, and social meanings of contemporary sexual phenomena. Updated and new discussion questions offer students starting points for debate in both the classroom and the bedroom.

John Cook Wilson (1849–1915) was Wykeham Professor of Logic at New College, Oxford and the founder of ‘Oxford Realism’, a philosophical movement that flourished at Oxford during the first decades of the 20th century. Although trained as a classicist and a mathematician, his most important contribution was to the theory of knowledge, where he argued that knowledge is factive and not definable in terms of belief, and he criticized ‘hybrid’ and ‘externalist’ accounts. He also argued for direct realism in perception, (...) criticizing both empiricism and idealism, and argued for a moderate nominalist view of universals as being in rebus and only ‘apprehended’ by their particulars. His influence helped swaying Oxford away from idealism and, through figures such as H. A. Prichard, Gilbert Ryle, or J. L. Austin, his ideas were also to some extent at the origin of ‘moral intuitionism’ and ‘ordinary language philosophy’ which defined much of Oxford philosophy until the second half of the twentieth-century. Nevertheless, his name and legacy were all but forgotten for generations after World War II. Still, his views on knowledge are with us today, being in part at work in the writings of philosophers as diverse as John McDowell, Charles Travis, and Timothy Williamson. (shrink)

I offer a qualified defence of Kant’s natural teleological argument, that is, his inference from the (un)naturalness of an act to its (im)morality. Though I reject many of Kant’s conclusions, I think the form of argument he uses to support these conclusions is not as wrong-headed as it might at first appear. I consider and answer two objections: first, that the argument is inconsistent with Kant’s moral rationalism; and second, that the argument is inconsistent with post-Kantian developments in science. I (...) argue that both objections rest on a common mistake, namely, the assumption that the account of (human) nature on which Kant’s argument relies is theoretical. On the contrary, the relevant account is practical: informed by science, but not determined by it. Once we appreciate the practical character of Kant’s naturalism, we can see not only that Kant can be a naturalist and a rationalist, but contemporary Kantians can be as well. (shrink)

This paper examines causal theories of reference with respect to how plausible an account they give of non-physical natural kind terms such as ‘gene’ as well as of the truth of the associated theoretical claims. I first show that reference fixism for ‘gene’ fails. By this, I mean the claim that the reference of ‘gene’ was stable over longer historical periods, for example, since the classical period of transmission genetics. Second, I show that the theory of partial reference does not (...) do justice to some widely held realist intuitions about classical genetics. This result is at loggerheads with the explicit goals usually associated with partial theories of reference, which is to defend a realist semantics for scientific terms. Thirdly, I show that, contrary to received wisdom and perhaps contrary to physics and chemistry, neither reference fixism nor partial reference are necessary in order to hold on to scientific realism about biology. I pinpoint the reasons for this in the nature of biological kinds, which do not even remotely resemble natural kinds (i.e., Lockean real essences) as traditionally conceived. (shrink)

Collective intentionality is one of the most fundamental notions in social ontology. However, it is often thought to refer to a capacity which does not presuppose the existence of any other social facts. This chapter critically examines this view from the perspective of one specific theory of collective intentionality, the theory of Margaret Gilbert. On the basis of Gilbert’s arguments, the chapter claims that collective intentionality is a highly contingent achievement of complex social practices and, thus, not a basic social (...) phenomenon. The argument proceeds in three steps. First, Gilbert’s thesis that certain kinds of collective intentionality presuppose joint normative commitments is introduced. Second, it is argued that, on this view, individual commitments can only constitute the relevant kinds of collective intentional states if there are socially shared “principles of membership” that connect the force of individual commitments to a shared content. Third, it is shown that strong collective intentionality depends on the practical acceptance of shared norms and on the establishment of authority relations through mutual recognition. (shrink)

How should we explore the relationship between race and educational opportunity? One approach to the Black-White achievement gap explores how race and class cause disparities in access and opportunity. In this paper, I consider how education contributes to the creation of race. Considering examples of classroom micropolitics, I argue that breakdowns of trust and trustworthiness between teachers and students can cause substantial disadvantages and, in the contemporary United States, this happens along racial lines. Some of the disadvantages are academic: high (...) achievement is more difficult when one faces mistrust, ego depletion, effort pessimism, and insult. And within a knowledge economy, exclusion from knowledge work makes one vulnerable to injustice. But the problem goes deeper than achievement, for schools are contexts in which we develop self-understandings and identities that situate us as members of society. If students of color are systematically denied full participation in trusting conversations that create shared knowledge—especially, knowledge that holds power within the dominant culture—they are unjustly deprived resources to form flourishing selves that are suited to the positions of power and authority. The argument suggests that knowledge is not best understood simply as a commodity to be distributed, and opportunity is not just a matter of access. Moreover, even if access is granted, those who are motivated and talented can fail: they drain their willpower by coping with insults, or reasonably lose optimism about their efficacy. Over time, motivation may shift away from achievement, and under the circumstances this can be a rational response. The barriers to achievement are many, but true opportunity is impossible without trust and trustworthiness. (shrink)

Most punishment theories acknowledge neither the full extent of the harms which punishment risks, nor the caring practices which punishment entails. Consequently, I shall argue, punishment in most of its current conceptualizations is inconsistent with treating offenders as equals qua persons. The nature of criminal punishment, and of our interactions with offenders in punishment decision-making and delivery, risks causing harm to offenders. Harm is normalized when central to definitions of punishment, desensitizing us to unintended harms and obscuring caring practices. Offenders (...) may be partially silenced and excluded by mainstream criminal justice practices which limit interaction between offenders and practitioners. When we ignore significant harms, or silence and exclude, we treat others as passive non-subjects. This partially objectifies offenders, and is inconsistent with treatment as equals. Penal theories employing harm-centred and harm-normalizing definitions of punishment can provide few resources to help practitioners either avoid, or recognize and respond to, harms. Care ethics, by contrast, motivates the avoidance of harm, ongoing inclusive engagement, and respectful interaction with others. I argue that defining punishment without presupposing harm facilitates the identification of morally problematic harms, and recognition of caring practices. I offer a principled argument, and political and pragmatic supplementary arguments, for responding to offenders without intentional harm and with care. Principles drawn from care ethics can help to strengthen mainstream criminal practices by structuring decision-making and action. Bottom-up alternative criminal justice practices share some values with these proposed guiding principles, allowing a partial test of the principles. I consider examples of restorative justice practices, therapeutic jurisprudence, community justice and other problem-solving court practices, in addition to considering how well mainstream punishment practices measure up to these principles. My analysis illuminates the strengths and weaknesses of the principles, and how they might contribute to securing treatment as equals for offenders in mainstream practices. (shrink)