En utilisant des exemples tirés d’une famille esclave de la Réunion et de l’île Maurice, cet article analyse comment le choix des prénoms ainsi que des noms de famille a marqué le statut de ses membres et a signalé ou bien dissimulé leurs relations de parenté. Selon le droit colonial français, les pères esclaves ne disposaient pas du statut de pères, mais les noms des esclaves et de leurs descendants conservaient les traces de leur ascendance maternelle en portant le nom (...) de famille de leur mère. Comme le statut des enfants esclaves était déterminé par la condition de leur mère, les archives coloniales préservaient souvent la trace de l’ascendance maternelle en effaçant la mémoire de leurs pères – esclaves ou libres. Quand le nombre des affranchis et de leurs descendants a augmenté pendant la première moitié du xixe siècle, la pratique d’adopter le prénom de la mère comme nom de famille est devenue commune. C’est ainsi que la féminisation des noms de famille des descendants d’esclaves les a marqués insidieusement et a favorisé leur discrimination officieuse jusqu’à présent. (shrink)

En utilisant des exemples tirés d’une famille esclave de la Réunion et de l’île Maurice, cet article analyse comment le choix des prénoms ainsi que des noms de famille a marqué le statut de ses membres et a signalé ou bien dissimulé leurs relations de parenté. Selon le droit colonial français, les pères esclaves ne disposaient pas du statut de pères, mais les noms des esclaves et de leurs descendants conservaient les traces de leur ascendance maternelle en portant le nom (...) de famille de leur mère. Comme le statut des enfants esclaves était déterminé par la condition de leur mère, les archives coloniales préservaient souvent la trace de l’ascendance maternelle en effaçant la mémoire de leurs pères – esclaves ou libres. Quand le nombre des affranchis et de leurs descendants a augmenté pendant la première moitié du xixe siècle, la pratique d’adopter le prénom de la mère comme nom de famille est devenue commune. C’est ainsi que la féminisation des noms de famille des descendants d’esclaves les a marqués insidieusement et a favorisé leur discrimination officieuse jusqu’à présent. (shrink)

Abstract: Alienation and slavery from Precious or what we don't want to see. It is our purpose to establish, in a parallel reading, these two films (highly rewarded), namely The Fence and Precious, that apparently being so different, are an illustration of the reality of life and the modern democratic world: the social uprooting and slavery. If in the movie of Phillip Noyce and Christone Olsen The Fence, is told a story of three young Aboriginal girls who are forcibly taken (...) to be transformed into domestic slaves, in the movie of Lee Daniels Precious, the young woman is already a servant in her own home and seeks the transformation of her life. Uniting these two stories, we find fundamental elements: illiteracy, ill-treatment, the idea of a migration (real or metaphysical), among others, but whose fundamental notion is the journey. If the film The Fence, the fence itself is used to conduct the three young Aboriginal to a real reunion with the family, in Precious, the metaphorical ‘fence’ is the limit of her world. From this interpretation, we will undertake our reflection about what we consider to be the alienation of the modern world and the silence we produce about them. (shrink)

Name der Zeitschrift: Klio Jahrgang: 99 Heft: 1 Seiten: 51-88.

David Rodin denies that defensive wars against unjust aggression can be justified if the unjust aggression limits itself, for example, to the annexation of territory, the robbery of resources or the restriction of political freedom, but would endanger the lives, bodily integrity or freedom from slavery of the citizens only if the unjustly attacked state actually resisted the aggression. I will argue that Rodin's position is not correct. First, Rodin's comments on the necessity condition and its relation to an alleged (...) "duty to retreat" misinterpret the law, and a correct interpretation of the law is not only compatible with, but implies a permission to resist the "bloodless invader," and this is also the correct view from the perspective of morality. Second, Rodin's remarks on the proportionality of self-defense against conditional threats focus on physical or material harm but implausibly ignore the severity of the violations of autonomy and of the socio-legal or moral order that such conditional threats involve. Third, I will address Rodin's claim that defensive wars against "political aggression" are disproportionate because they risk the lives of those defended in an attempt to secure lesser interests. I will argue that this take on proportionality misses the point in an important respect, namely by confusing wide and narrow proportionality, and makes unwarranted assumptions about the alleged irrationality or impermissibility of incurring or imposing lethal risks to safeguard less vital interests. Next, I will also show that while Rodin talks of a "myth of national self-defense" and of the necessity of moving beyond traditional just war theory and international law, it is actually his interpretation of just war theory and international law that weaves myths. Finally, I will argue that Rodin's views on national self-defense on the one hand, and "war as law enforcement" on the other, are incoherent. (shrink)

Knowledge: to know is to love -- Love: Abraham, Moses, and the meaning of circumcision -- Seasons: Hanukah and Purim reconfigured -- Women: marital and universal peace -- Holiness: commandments as intruments -- Asseverations: socila responsibility and sanctifying God's name -- Agriculture: sanctifying all human beings -- Temple service: the divinity of the comandments -- Offerings: the morality of the commandments -- Reitual purity: intellectual and moral purity -- Damages: who is a Jew? -- Acquision: slavery versus universal humkanity -- (...) Civil laws: God of Aristotle in the God of Abraham -- Judges: Messianic universalism -- Appendix: Maimonides' cosmic paradigm. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Learning to BreatheFive Fragments Against RacismB. Venkat Mani (bio)For Dr. JLW, for all Black academics and students1. Air HungerI know you, Derek Chauvin. You may think that we first met on May 25, 2020, in Minneapolis. I was called George Perry Floyd. For you, I was just another Black man, a potential criminal. For me, you were not a police officer, but the knee that stands for racism. You (...) kneeled on my windpipe for 9 minutes and 29 seconds. Those were neither my first nor my last memories.You may choose not to recognize me, as you always have. But I do. I recognize every bone, muscle, tendon, pointy curve of the cap, every contour of your strong, heavy, determined, calculating, conniving knee that presses on my windpipe with a false sense of racist superiority. 9 minutes and 29 seconds. As often as you can.We have a history. You have never missed the opportunity of kneeling on my windpipe. You hauled me into your slave ships from various African ports along the Atlantic, then you kneeled on my windpipe all over your cotton and tobacco plantations in the Americas. We met again on schooners from Indian shores journeying across the Indian and Pacific oceans. With slavery banned in the British empire, you turned me into an indentured laborer. You made me put my thumb imprint on a document you created, in a script I could not read, of a language I could not speak. Then you threw me thousands of miles away in Mauritius, Fiji, and numerous Caribbean islands, pressing on my windpipe on sugarcane plantations. My wife, children, sisters, mothers, aunts, brothers, uncles, nephews, nieces, grandparents, great grandparents, we all have lived through those fatal 9 minutes and 29 seconds: on water and land. Repeatedly. Consistently. Incessantly.You want specific dates? April 8, 1857, Barrackpore, Northern India. My name was Mangal Pandey, you called me a Sepoy. You hanged me for standing up against my subjugation by your British East India Company. Against your rule over my land and my people. With your many titles [End Page 41] and names: Major-General Sir Henry Havelock, Lieutenant-General Sir Colin Campbell, Brigadier-General Charles Windham, you rampaged through the streets of Delhi, Meerut, Lucknow, killing anyone in your way so I could be a jewel in Victoria's crown. January 29, 1863, Bear River, Idaho. I was one among the Shoshone of Bia Ogoi, you were Colonel Patrick Connor. You came to us on a frigid morning and killed us by the hundreds. November 15, 1884, the Congo Conference, Berlin. You were called Chancellor Otto von Bismarck and were acting at the behest of sharecropping interests of King Leopold the Second. Your name for me was a "savage." You set up a society to civilize me while you plundered my bounty. You started drawing lines through land, rivers, mountains, deserts. For you, it was the Scramble for Africa. For me, bloody murder. You knelt on my windpipe, smoking a pipe with tobacco my people had grown. April 13, 1919, Jallianwala Bagh, Amritsar. You were called Brigadier General Reginald Edward Harry Dyer. For you, I was just a troublemaking native disrupting the civilized business of the Empire. You surrounded our peaceful gathering in Amritsar and opened fire. Your Nobel Laureate Rudyard Kipling claimed that "you did your duty as you saw fit." By killing us in thousands until the bullets ran out. Rikki Tikki Tavi. May 31, 1921, Tulsa, Oklahoma. Inspired by Jim Crow, your knees came running to us in mobs to massacre us. October 19, 1926, Imperial Conference, London. Your name was Field Marshall the Right Honorable Jan Christian Smuts. For you, I was one among the many "colored" subjects from the Cape Colony. You spoke vehemently against mixing my people with your people. Eloquently, I was told, in favor of apartheid.You know very well, Chauvin, that our acquaintance neither begins in 1857 nor ends in 1926. I could take you on a grand tour of the world and give you all the dates when you appeared in different forms. Your self-induced conviction of racial supremacy over me remained the same... (shrink)

Journal Name: Semiotica Issue: Ahead of print.

The Hebrew phrase tikkun olam means repairing, mending or healing the world. Today, the phrase tikkun olam, particularly in liberal Jewish American circles, has become a slogan for a diverse range of topics such as activism, political participation, call and pursuit of social justice, charities, environmental issues and healthy nutrition. Moreover, the presidents of the United States who attend Jewish religious days and Jewish ceremonies state the tikkun olam in its Hebrew origin, pointing out its origin embedded in the Judaism (...) and a religious rule and/or an obligation that is important in Jewish tradition and thought. Nevertheless, when we look at the context of religious literature in which the phrase is used, it is seen that, although it is difficult to make a clear definition, it does not reflect modern/widespread uses and their meanings. Furthermore, tikkun olam is an ignored and even rejected concept by the Rabbinic Judaism which claims to represent the tradition and its current representative Orthodox Judaism. This fact is also seen in the usage and prevalence of the term in the U.S. and Israel. Thus, in this article, especially with reference to the norms of Mishnah, the religious-juristicial contexts and possible meanings of the phrase of tikkun olam, the notion of tikkun olam in Jewish liturgy and its implied meaning and the Kabbalistic understanding of tikkun will be presented, the development, changing and conversion of the phrase in modern age and its contemporary usage areas and reinterpretations will be demonstrated.Summary: Recently and especially in the U.S., the Hebrew phrase tikkun olam are used as a slogan in a widespread manner such as for activism, political participation, social justice, all kinds of charities, environmental issues, counter terrorism and healthy nutrition. Such a common usage of the phrase is largely the result of its literal meaning and ambiguity. Hence, this article aims to explore the place of the concept of tikkun olam in Jewish religious literature and its variations and semantic changes. Tikkun olam, literally means the repairing, mending or healing the world. However, regarding its religious context, it is difficult to determine what it means accurately. In time, some has used the tikkun olam as a legislative justification for changing specific laws, some has attributed to it an eschatological meaning which indicates to the mesianic age, and some has dicussed it in the context of mystical sense. The first usage of the phrase of tikkun olam in the Jewish religious literature was simply in the form of “because of tikkun olam” in Gittin epistle, a tractate of Mishnah and Talmud. Here, the phrase was used as a reason of a judgment concerning to the subjects of marriage, divorcement, slavery, captivity etc. In the context of these subjects tikkun olam indicates to the similar meanings like “repairing, organizing, healing, changing the world; regulating and improving the society, maintaining the social order, and prioritizing the common good. In fact, the concept of tikkun olam as the reason of the judgements in these matters is likely related to a juridical reason that intends to ensure the personal and public welfare such as clarifying the marital status of woman, to prevent the capture and seizure from Jewish society, and to deal with economy and identification of juridical status of the slaves.The other reference to tikkun olam appears in the second part of the aleinu prayer. However, the notion of tikkun olam in the aleinu prayer refers to a situation that happens in God’s Kingdom if Torah and halakhah are followed carefully. Hence, the aleinu prayer’s tikkun olam points out eschatological expectation which desires a messianic age, but not the socio-political and ecological concerns of the world as in the current fields and meanings.The modern idea of tikkun olam is also associated with the Jewish mystical movement, Kabbalah. Nonetheless, the concept of tikkun in Kabbalah is not a concept related to the socio-political circumstances of the world where we live in, but it is related to the restoring of the divine world. In order to restoring the divine world, human should fulfill the commands by studying Torah and have a spiritual and moral rehabilitation process by engaging in ascetic practices.The use of the phrase of tikkun olam gradually progress in the socio-political life of the U.S. The first use of the expression of tikkun olam in the U.S. was in the 1950’s by Shlomo Bardin, the founder of the Brandeis Camp Institute in California. Bardin asserted that the Aleinu prayer was the most important expression of Jewish values, particularly the expression “le-taken olam be-malchut shaddai” that is typically translated as “when the world shall be perfected under the reign of the God.” Bardin suggested that these words referred to the obligation of Jews to work for a more perfect world. The concept of tikkun olam entered contemporary usage by the way of its being preferred as a name to those such as social justice and charity programmes which was launched by the Reformist and Conservative groups in the second half of the twentieth century. In 1970s, United Synagogue Youth which is the national youth foundation of the conservative movement adopted the expression of tikkun olam and changed the title of its social action programs from “Building Spiritual Bridges” to “Tikkun Olam.” Nowadays, United Synagogue Youth proceeds all of its social activities and tzedakah programs through the tikkun olam project.By the end of 1970’s, New Jewish Agenda, an organization devoted itself to the religious and social values, acknowledged the slogan of “Tikkun Olam” as the spirit of its ideology. In 1986, Michael Lerner entitled a left-oriented liberal publication with the concept of Tikkun by claiming that this concept represented the origin of Judaism, and he take an important role on making the concept have a prevalence.Pittsburgh Platform organized in 1999 by the Reformist Jewish Movement emphasized that people must perform the most significant moral principles in the relationships with all non-Jewish people and all other creatures. This platform also stated that making the world a better place with the help of God would quicken the upcoming the messianic age. The tikkun understanding of the Reformist movement evolved to more universal realm by embracing the non-Jewish people, as well. Over the last two decades, successive presidents of the U.S. who attended in the ceremonies of Jewish religious days and Jewish assemblages have contributed to the prevalence and usefulness of tikkun olam by mentioning the phrase of tikkun olam in Hebrew, expressing that this is an essential principle of Judaism and addressing that this has a central role in Jewish tradition and thought. On the other hand, this concept does not have an important or a central place in Rabbinic Judaism and even in Orthodox Jewish communities which are the current representatives of Rabbinic Judaism. Moreover, Reformist, Conservative, and Reconstructionist American Jews who are considered on the liberal side of the politics has put the concept on the current use and the world’s agenda. Thus, the phrase of the tikkun olam is more popular in non-Judaic milieux in the U.S. than the Jews in Israel. In Israel where the Orthodox doctrine is dominated and shaped the people, tikkun olam is regarded as a western value and is ignored. (shrink)

Resumen Ésta es la primera traducción al español de las guías “Atención después de la investigación: un marco para los comités de ética de investigación del National Health Service (NHS) (borrador versión 8.0)”. El documento afirma que existe una fuerte obligación moral de garantizar que los participantes enfermos de un estudio clínico hagan una transición después del estudio hacia una atención de la salud apropiada. Con “atención de la salud apropiada” se hace referencia al acceso para los participantes a la (...) atención de la salud, proporcionada principalmente por el National Health Service (en adelante NHS), el sistema de salud del Reino Unido, y/o a la intervención en estudio, también llamada producto o tratamiento en investigación. Las guías “Atención después de la investigación” están dirigidas principalmente a los miembros de los 79 comités de ética de investigación del NHS y a quienes presentan sus estudios de investigación ante estos comités. Se trata de un documento borrador muy avanzado, trabajado en numerosas reuniones, durante más de 3 años, que ha sido discutido por participantes de estudios y miembros de la comunidad, miembros y presidentes de comités de ética de investigación del Reino Unido, especialistas internacionales en ética de la investigación, representantes de la industria y otras partes interesadas. La redacción de las guías es producto de la colaboración de Neema Sofaer y Penney Lewis, ambas investigadoras del King’s College London, en el Centre of Medical Law and Ethics del Dickson Poon School of Law, y Hugh Davies, Asesor en Ética de la Investigación de la Health Research Authority (HRA) del NHS. El traductor del presente documento, Ignacio Mastroleo, participó del workshop en la Fundación Brocher (Ginebra, Suiza, diciembre de 2011) donde se revisó el borrador versión 7.0 y contribuyó en la revisión del borrador de la versión 8.0 durante el 2012. -/- Abstract This is the first Spanish translation of the guidelines “Care after research: a framework for NHS RECs (8th draft)”. The document states that there is a strong moral obligation to ensure that participants in a clinical study who are ill transition after the study to appropriate healthcare. The terms "appropriate healthcare" refer to participants’ access to health care, mainly provided by the National Health Service (NHS), the health system in the UK, and/or to the intervention study also named investigational treatment or product. The guides "Care after research" are mainly directed to members of the 79 NHS committees of research ethics (RECs) and to those who submit their research to these committees. This is a very advanced draft document, worked in several meetings, for more than three years, that has been discussed with study participants and community members, members and chairs of RECs in the UK, international specialists in research ethics, industry representatives and other stakeholders. The drafting of the guidelines is the result of the collaboration of Neema Sofaer and Penney Lewis, both researchers at King's College London, at the Centre of Medical Law and Ethics of Dickson Poon School of Law, and Hugh Davies, Research Ethics Advisor of the Health Research Authority (HRA) of the NHS. The translator of this document, Ignacio Mastroleo, attended the workshop at the Brocher Foundation (Geneva, Switzerland, December 2011) where draft version 7.0 was revised and contributed in the revision of draft version 8.0 during 2012. (shrink)

What drives moral revolutions like the legal abolition of slavery and women’s right to vote? The importance of having an answer to this question lies in the hope of it being able to help us create moral progress in the future. This can be changing harmful practices and traditions like honour killing, child marriage, genital mutilation and political corruption. Furthermore, a wrong or insufficient picture of the dynamics of change, held by e.g. politicians or NGOs and incorporated into laws and (...) institutions, can lead to misfired inventions, wasted resources and possibly human harm. If we lack conceptual clarity and empirical insights, we will have trouble making good decisions. However, before answering the above question we need to consider what answering it entails. This article therefore discusses which form an understanding of the dynamics of moral revolutions should take in order to best help us create progress. I do so by critically investigating one currently dominant way of approaching this issue, namely the idea that we should produce a general explanatory theory of the fundamental dynamics of change. In order to expose the problems in this approach, I engage with a contemporary example of it, namely Appiah’s work on moral revolutions, and demonstrate that honour codes cannot have the explanatory role, which Appiah claims for them. The article concludes by pointing to alternative models of understanding the dynamics of moral revolutions and changes. (shrink)

20 years since the negotiation of the Palermo Protocol on Trafficking in 2000, the anti-trafficking field has gone from an early, almost exclusive preoccupation with sex work to addressing extreme exploitation in a range of labour sectors. While this might suggest a reduced focus on the nature of the work performed and a greater focus on the conditions under which it is performed, in reality, anti-trafficking discourse remains in the grip of polarised positions on sex work even as the carceral (...) effects of anti-trafficking law become evident and the Swedish model of criminalising the purchase of sexual services spreads. In this article, I demonstrate how despite the recent discursive shifts to ‘modern slavery’ and ‘forced labour’, the anti-trafficking transnational legal order itself reinforces, rather than diffuses cultures of sex work exceptionalism. The growing international sex workers’ movement has offered resistance, yet a closer look at the movement and the widespread support that it has garnered for decriminalisation from international organisations, while valuable, helps reveal the greatest cost yet of anti-trafficking discourse, namely, the inability of the sex workers’ movement to produce a sophisticated theory of regulation to reduce levels of exploitation within sex work, one which is commensurate with the informality and heterogeneity of sex markets the world over. Finally, to the extent that neoabolitionist projects derive legitimacy from interventions abroad, especially in the global South, I chronicle the edifice on which it rests in one such context, namely India, to demonstrate how countries in the global South are not merely conduits for the global North’s preoccupation with moral gentrification through neo-abolitionism, but rather, that the circuits of global governmentality while influential, are highly contingent, thus producing opportunities for creative forms of mobilisation by sex workers. (shrink)

Journal Name: Cognitive Linguistics Issue: Ahead of print.

Journal Name: Semiotica Issue: Ahead of print.

Here's a brief introduction to the philosophical puzzle of free will.View HTMLSend article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select (...) to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.INTRODUCTIONVolume 18, Issue 52Stephen LawDOI: https://doi.org/10.1017/S147717561900006XYour Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. INTRODUCTIONVolume 18, Issue 52Stephen LawDOI: https://doi.org/10.1017/S147717561900006XAvailable formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. INTRODUCTIONVolume 18, Issue 52Stephen LawDOI: https://doi.org/10.1017/S147717561900006XAvailable formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

This short article looks at a move made by some theists in defence of theism: the suggestion is that because the atheist has failed fully to grasp what the theist means by ‘God’ etc. so the atheist's criticisms must miss their target.View HTMLSend article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. (...) Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.MISS THE TARGET: HOW SOME ‘SOPHISTICATED’ THEISTS DODGE ATHEIST CRITICISMVolume 17, Issue 50Stephen LawDOI: https://doi.org/10.1017/S1477175618000167Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. MISS THE TARGET: HOW SOME ‘SOPHISTICATED’ THEISTS DODGE ATHEIST CRITICISMVolume 17, Issue 50Stephen LawDOI: https://doi.org/10.1017/S1477175618000167Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. MISS THE TARGET: HOW SOME ‘SOPHISTICATED’ THEISTS DODGE ATHEIST CRITICISMVolume 17, Issue 50Stephen LawDOI: https://doi.org/10.1017/S1477175618000167Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

Humphreys and Forde (H&F) propose that greater within- category structural similarity makes living things more difficult to name. However, recent studies show that normal subjects find it easier to name living than nonliving things when these are matched across category for potential artefacts. Additionally, at the level of single pixels, visual overlap appears to be greater for nonliving things.

This essay systematically reformulates an earlier argument about Locke and new world slavery, adding attention to Indians, natural law, and Locke's reception. Locke followed Grotian natural law in constructing a just-war theory of slavery. Unlike Grotius, though, he severely restricted the theory, making it inapplicable to America. It only fit resistance to "absolute power" in Stuart England. Locke was nonetheless an agent of British colonialism who issued instructions governing slavery. Yet they do not inform his theory--or vice versa. This creates (...) hermeneutical problems and raises charges of racism. If Locke deserves the epithet "racist," it is not for his having a racial doctrine justifying slavery. None of this makes for a flattering portrait. Locke's reputation as the champion of liberty would not survive the contradictions in which new world slavery ensnared him. Evidence for this may be found in Locke's reception, including by Southern apologists for slavery. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Border CrossingEllen T. ArmourAs a philosophical theologian deeply formed by a long apprenticeship in continental philosophy, I find more points of entry into Kalpana Seshadri's HumAnimal: Race, Law, Language than I can possibly pass through in the space available to me here. Inevitably, whichever point of entry I take will violate what I take to be a core responsibility of a respondent: to hew closely to the text in (...) question, to trace in one's own words its outline in order to open it up to those who have not had the privilege to devote time and attention (those most valuable of assets for academics, it seems) to the project in question. Such a model of a responsible response itself bespeaks the central problematic of the project: the relationship between speech and silence, language and law, ethics and politics.And so I begin with a de-cision that is, simultaneously, an in-cision; I enter this text through this opening, not that, and in doing so, I relegate to a spectral silence of not-saying what other (in/de)cisions would bring to speech and/or to the invisibility of not-writing what other (in/de)cisions would render legible. In the spirit of a Derridean supplément, I hope to productively open and extend for you, if not precisely retrace, Seshadri's project.HumAnimal: Race, Law, Language (Seshadri 2012) is a brave book in many respects, but particularly in its attempt not just to delineate but to map out certain contested yet liminal spaces. In addition to those I've already mentioned, [End Page 175] let me add those between literature and philosophy, theology and philosophy, work and play, Agamben and Derrida, deconstruction and biopolitics, human and animal. (Any one of these alone would have been plenty for one book.) I take my mark from the site where these last two (or perhaps three) liminal spaces meet. First, allow me to indulge in a bit of intellectual autobiography: I began my career as a Derridean (and may yet end it that way … that remains to be seen), but have in the last few years, taken a decidedly more Foucauldian turn. Reading HumAnimal made me keenly aware of how profound a reorientation I have undergone in the process. And yet I entered into that process of reorientation (perhaps quite naively) sensing that, for all that separated Derrida from Foucault, deconstruction from biopolitics, they were not unconnected (please note the double negative). Thus, I found myself in deep sympathy with Seshadri's project in many ways. Whatever separates projects that foreground the machinations of power (as constitutive of knowledge, and vice versa) as object of analysis and those that foreground language (as constitutive of knowledge, and vice versa) as object of analysis,1 Seshadri's detailed readings suggest they share important points of overlap (which is not to say sameness). To a degree, then, HumAnimal undoes the very delineation between these kinds of projects that I just articulated. To be sure, Seshadri is aided a great deal in this by the fact that Agamben's own work invokes (though not uncritically) both Derridean and Foucauldian antecedents framed largely though not exclusively in and through the relationship between sovereignty and (bare) life.The book's title, HumAnimal: Race, Law, Language, names both the stakes of and framework for Seshadri's incision into this shared but contested space. Her neologism humAnimal marks a boundary integral to sovereignty's exercise, that between human and animal. The subtitle marks the forces at play in sovereignty's construction and its deployment. Race has often figured as the border demarcating those served by the law and those served up by it; those granted access to language and those denied it. Consignment to the nether side of law and language entails as well consignment to the nether side of the human/animal divide. The American practice of chattel slavery serves as one constitutive exemplar of a biopolitical and legal/linguistic regime in HumAnimal, as it will in my comments. But Seshadri seeks out the possibilities for resistance from this nether side; of possibilities opened up by and in silence, the suspension of law, and even... (shrink)

It has become commonplace within feminist theory to claim that women’s lives are constructed by multiple, intersecting systems of oppression. In this thesis, I challenge the consensus that oppression is aptly captured by the theoretical model of “intersectionality.” While intersectionality originates in Black feminist thought as a purposive intervention into US antidiscrimination law, it has been detached from that context and harnessed to different representational aims. For instance, it is often asserted that intersectionality enables a representational politics that overcomes legacies (...) of exclusion within hegemonic Anglo-American feminism. I argue that intersectionality reinscribes the political exclusion of racialized women as a feature of their embodied identities. That is, it locates the failure of political representation in the “complex” identities of “intersectional” subjects, who are constructed as unrepresentable in terms of “race” or “gender” alone. Further, I argue that intersectionality fails to supplant race- and class-privileged women as the normative subjects of feminist theory and politics. In Chapter One, I demonstrate that intersectionality illicitly imports unitary concepts of “race,” “gender,” and “class.” In Chapter Two, I argue that intersectionality lacks a theory of hierarchy: it is a “flat geography” which cannot capture vertical and horizontal lines of power. In Chapter Three, I explore the role of analogical reasoning in rendering racialized women invisible both as gendered and as racialized subjects in twentieth-century social movements. To concretize this argument, I turn to Simone de Beauvoir’s use of race-sex analogies to describe (white, bourgeois) “women’s” situation in The Second Sex. In Chapter Four, I advance a programmatic unified account of oppression. I suggest that the possibility of a unified theory (as opposed to an intersectional one) is intimated in the concrete articulation of race, class, and gender. My point of departure is a phenomenology of capitalism, which reveals that these are all fundamentally modes of exploitation and appropriation. In Chapter Five, I theorize how they are made visible (and invisible) on the body. I extend Frantz Fanon’s account of “epidermalization,” drawing upon the marxian concepts of “fetishism” and “mode of appearance” to elaborate four structures of gendered racialized perception: first, the “miscegenation taboo” structures perceptions of the “purity” of whiteness and the “polluting” effects of blackness. Whiteness, theorised as a “possessive investment” and as “property” is defined by the right to exclude. Second, the “episteme of tellable differences” produces the conviction that we can automatically “tell the difference” between a body placed in one “racial” or gender category, and another—while bodies that temporarily confound classification cause fear and consternation. Third, the “race/reproduction bind” names the axiomatic assumption that “race” is reproduced through (heterosexual) procreation and that “race” is, therefore, biologically inheritable. Finally, the “fear/criminalisation reflex” refers to the bidirectional equation of particular racialised-gendered bodies with crime, and of crime with those bodies; this a function of the discursive use of ‘crime’ as an alibi for “race’” the systemic racialisation of punitive carceral institutions, and the historical origins of “race” in transatlantic chattel slavery, which shaped perceptual-cognitive associations of freedom with whiteness and captivity with blackness. (shrink)

This essay systematically reformulates an earlier argument about Locke and new world slavery, adding attention to Indians, natural law, and Locke's reception. Locke followed Grotian natural law in constructing a just-war theory of slavery. Unlike Grotius, though, he severely restricted the theory, making it inapplicable to America. It only fit resistance to “absolute power” in Stuart England. Locke was nonetheless an agent of British colonialism who issued instructions governing slavery. Yet they do not inform his theory—or vice versa. This creates (...) hermeneutical problems and raises charges of racism. If Locke deserves the epithet “racist,” it is not for his having a racial doctrine justifying slavery. None of this makes for a flattering portrait. Locke's reputation as the champion of liberty would not survive the contradictions in which new world slavery ensnared him. Evidence for this may be found in Locke's reception, including by Southern apologists for slavery. (shrink)

Medvedev's intermediate logic (MV) can be defined by means of Kripke semantics as the family of Kripke frames given by finite Boolean algebras without units as partially ordered sets. The aim of this paper is to present a proof of the theorem: For every set of connectives such that the-fragment ofMV equals the fragment of intuitionistic logic. The final part of the paper brings the negative solution to the problem set forth by T. Hosoi and H. Ono, namely: is an (...) intermediate logic based on the axiom (abc) (ab)(a c) separable? (shrink)

In 1905 the Supreme Court of Georgia became the first state high court to recognize a freestanding “right to privacy” tort in the common law. The landmark case was Pavesich v. New England Life Insurance Co. Must it be a cause for deep jurisprudential concern that the common law right to privacy in wide currency today originated in Pavesich’s explicit judicial interpretation of the requirements of natural law? Must it be an additional worry that the court which originated the common (...) law privacy right asserted that a free white man whose photograph is published without his consent in a city newspaper is like a slave in bondage? I argue that the jurisprudence of Pavesich need not be troubling. Pavesich’s natural law argument was supplemented by several positive law arguments. The positive law arguments were a strong enough basis for finding a right to privacy in the common law, as indeed Samuel Warren and Louis Brandeis had previously argued. The observation that the Pavesich court’s natural law argument ran alongside positivistic arguments suggests that the arresting, high-toned natural law and slavery appeals in Pavesich are inessential rhetorical throwaways. But I maintain that the natural law argument and slavery analogy features of Judge Andrew Jackson Cobb’s opinion extolling the “liberty of privacy” are (1) of critical importance to a full contextual understanding of the decision and (2) illuminate the contemporary case for recognizing invasions of privacy as civil injuries to freedom and self-determination. One can poke holes in the logic of Thomas Aquinas and John Locke as scholars have done for centuries. But one can as easily choose to celebrate the spirit of the natural law tradition. The natural law tradition represents efforts rhetorically, rationally, and intuitively to derive principles of justice and goodness from basic facts about human characteristics, needs, and desires, where otherwise binding sovereign law may fall short. (shrink)

This paper argues that the wrong of slavery lies in the denial of the good of law to the slave. Defending this proposition will require the positing of three related claims: (i) that law is good, (ii) that the good of law is denied to the slave, and (iii) that the denial is wrong. This paper will defend the main proposition by defending its three constituent claims. On claim (i), the paper will relate the form of law to the formation (...) of freedom. On claim (ii), the paper will relate law’s objectivity to legal subjectivity. On claim (iii), the paper will relate the state of nature to the state of civil society. (shrink)

The presence of slavery in the Laws has puzzled and distressed many of Plato's admirers. However, before passing judgment on Plato's attitude toward slavery, we must first have a clear idea of the legal status of the slave under Plato's law, and compare it with the slave's position under Greek law of Plato's day. This work sets out to do just that, as well as to provide a good account of Greek law, much of which has been lost over the (...) course of history. (shrink)

“Modern slavery,” a term used to describe severe forms of labor exploitation, is beginning to spark growing interest within business and society research. As a novel phenomenon, it offers potential for innovative theoretical and empirical pathways to a range of business and management research questions. And yet, development into what we might call a “field” of modern slavery research in business and management remains significantly, and disappointingly, underdeveloped. To explore this, we elaborate on the developments to date, the potential drawbacks, (...) and the possible future deviations that might evolve within six subdisciplinary areas of business and management. We also examine the value that nonmanagement disciplines can bring to research on modern slavery and business, examining the connections, critiques, and catalysts evident in research from political science, law, and history. These, we suggest, offer significant potential for building toward a more substantial subfield of research. (shrink)

Using Peter Wirzbicki's Fighting for the Higher Law as its analytic starting, this review essay considers the place of antislavery in the developments of American philosophy. Wirzbicki considers the role of African American Transcendentalists and their appeal to a “higher law,” a concept articulated significantly by a diverse group of thinkers associated with Transcendentalism. By 1850, such thinkers appropriated aspects of British and continental idealism, especially the relationship between “understanding” and “Reason,” to aggressively attack human chattel bondage. In doing so, (...) they not only reflected the tenets of America's broader intellectual ethos (i.e., notions of democracy) but also cultivated the ground for philosophy in the postbellum period. (shrink)

This paper argues that Aristotle challenges the view of Athenian democrats that all rule is master rule – the imposition of the will of the powerful on the powerless – by arguing that the politeuma, or government, should be identical with the politeia, understood both as the constitution and the collectivity of citizens. I examine Aristotle’s analysis and response to democrats’ skepticism of the law that the constitution embodies. Aristotle argues that democrats think law limits license even when the source (...) of law is the people themselves. The view of citizens as the source of law coupled with the view of the law as a commitment to collective determinations regarding the end makes law salvation rather than slavery. (shrink)

W. W. Buckland's highly regarded magisterial work of 1908 is a scholarly and thorough description of the principles of the Roman law with regard to slavery. Chapters systematically address, in Buckland's words, 'the most characteristic part of the most characteristic intellectual product of Rome'. In minute detail, Buckland surveys slaves and the complexity of the position of the slave in Roman law, describing how slaves are treated both as animals and as free men. He begins by outlining the definition of (...) 'slave', their characteristics and conditions, giving examples of particular cases and describing for the reader the sorts of work a Roman slave might do. Carefully and comprehensively referenced throughout, this is a general survey of an important aspect of Roman law by a renowned Cambridge academic, which retains its status as an enduring classic. (shrink)

Slavery has long stood as a mirror image to the conception of a free person in republican theory. This essay contends that slavery deserves this central status in a theory of freedom, but a more thorough examination of slavery in theory and in practice will reveal additional insights about freedom previously unacknowledged by republicans. Slavery combines imperium and dominium in a way that both destroys freedom today and diminishes opportunities to achieve freedom tomorrow. Dominium and imperium working together are a (...) greater affront to freedom than either working alone. However, an examination of slavery in practice, focusing on the experiences of American slaves, demonstrates that republicanisms’ acknowledged strategies for freedom-seeking, acquiring insulation from domination through law and through norms, do not encompass the full range of options. Slaves also seek freedom through physical absence, economic activity, and culture. The account of slavery and freedom developed here suggests republican accounts of freedom should either give up their focus on thresholds of freedom, or consider the possibility of a plural conception of freedom that extends beyond just freedom as non-domination to include freedom as collective world-making, or both. (shrink)

This article focuses on the history of the concept of natural law and the role which Aristotle, and especially his Rhetoric, has to play within it. It is sometimes suggested that the origins of the concept of law are to be located in the writings of Plato and Aristotle in the fourth century BCE. The article argues that there is evidence both in Aristotle's Politics and in his Rhetoric to support the view that this is not the case. In these (...) texts Aristotle suggests that the origins of the concept of natural law lie in the writings of the Sophists in the fifth century, some of whom used natural law arguments to question the legitimacy of slavery. (shrink)

ResumoO direito brasileiro foi articulado em torno das categorias clássicas do liberalismo europeu. Para além do debate da compatibilidade entre liberalismo e escravidão, esse artigo pretende demonstrar como a necessidade de preservar uma escravidão semilegal constituiu institucionalidades que fizeram com que o direito brasileiro operasse problematicamente sob o registro da tradição liberal, mesmo em relação aos seus cidadãos livres. Isso não foi um “erro” do direito, uma falha, mas foi antes uma ação inteligível dos arquitetos das formas e modos de (...) funcionamento da juridicidade nacional. Nesse sentido, esse artigo pretende apontar para a necessidade de construção de uma teoria brasileira do direito que dê conta de compreender as particularidades de um sistema jurídico profundamente afetado pelo escravismo do século XIX.Palavras-chave: História do Direito. Teoria do Direito Brasileiro. Direito da Escravidão. AbstractBrazilian Law was crafted around the classical categories of European liberalism. Beyond the debate regarding the compatibility between liberalism and slavery, this paper intends to show how the need to preserve a semi-legal slavery system created illegalities that highlighted the contradictions between Brazilian Law and the liberal tradition. The resulting tensions also created consequences for free citizens, which are the focus of this paper. It demonstrates that these consequences were not mere legal defeasibility, but rather an intelligible action shaping the national legal system. The article advocates for the necessity to build a Brazilian theory of Law that takes these aspects into consideration, accounting for the systematic impact of 19th-century slavery on the idea of legality in Brazil.Keywords: Legal History. Brazilian Theory of Law. Slavery Law. (shrink)

Recently a growing number of biologists have begun to consider the causal role that processes of embryonic development may play in evolution. This constitutes a reunion of these phenomena which had been linked in the nineteenth century through Haeckel's biogenetic law. This reunion may result in a new subdiscipline of biology, if there is a set of unique concepts and methods which tie the various research approaches together. Such concepts as bauplan, canalization, and developmental constraint, may serve in such a (...) capacity. The methods employed must combine comparative and experimental analyses, with special attention paid to the range of variation in developmental events within each taxon. These concepts and methods are also applicable to the problem of how development evolved, thus the evolution of development may also be considered part of the reunion. The reunion is discussed in terms of the potential participation of various schools of thought found in the current literature. (shrink)

La couturière à la Réunion : figure ou actrice sociale? Cet article aborde les stratégies professionnelles des femmes libres dans une société esclavagiste, Bourbon (La Réunion) en 1847, confrontée à la nécessité d’introduire le travail libre. Dans ce contexte, les femme sont perçues comme actrices du changement social. L’augmentation des déclarations de l’activité de couturière révèle aussi l’appropriation de nouvelles valeurs, soumises cependant aux contraintes du genre et de l’environnement servile.

This Article applies the concept of "legal transplant" to the slavery regimes that sprang up in all regions of settlement during the first two centuries of English colonization of mainland America. Using a distinction between "extrastructure" and "intrastructure," we can divide the Anglo-American law of slavery into discourses of explanation/justification and technologies of implementation. The two components were produced from distinct sources. English law possessed few intellectual resources that could be mobilized to justify and explain slavery as an institution. Here (...) we find the law of nature and nations uppermost. English law offered many resources, however, for the management, distribution and control of movements of people. Thus, the Anglo-American law of slavery combined two transplanted resources within itself. As colonial settlements turned into slave societies, local innovations increasingly supplemented original transplants, compensating for their deficiencies and limitations and becoming, in turn, a third species of transplant. Assembly laws moved from colony to colony, creating commonalities within regions of settlement, and also — more interestingly — among regions usually thought quite distinct. Together the three species of transplants created densely instrumental slave regimes that enumerated all the ways in which summary mutilations and executions defined the slave’s life on the edge of death. (shrink)

Although Thomas Hobbes’s critics have often accused him of espousing a form of extreme subjection that differs only in name from outright slavery, Hobbes’s own striking views about slavery have attracted little notice. For Hobbes repeatedly insists that slaves, uniquely among the populace, maintain an unlimited right of resistance by force. But how seriously should we take this doctrine, particularly in the context of the rapidly expanding Atlantic slave trade of Hobbes’s time? While there are several reasons to doubt whether (...) Hobbes’s arguments here should be taken at face value, the most serious stems from the highly restricted definition that he gives to the term “slave,” one that would seem to make his acceptance of slave resistance entirely hollow in practice. Yet a closer examination of Hobbes’s theory indicates that his understanding of slavery is less narrow than it might initially appear—and thus that his argument carries a genuine political bite. (shrink)

A review of _Biology’s First Law: The Tendency for Diversity and Complexity to Increase in Evolutionary Systems_, by Daniel W. McShea and Robert N. Brandon. This review argues that the supposed "Zero-Force Evolutionary Law”" (ZFEL) is neither a law nor zero-force.

What should we do with statues and place‐names memorializing people who committed human‐rights abuses linked to slavery and postslavery racism? In this article, I draw on UN principles of transitional justice to address this question. I propose that a successful approach should meet principles of transitional justice recognized by the United Nations, including affirming rights to justice, truth, reparations, and guarantees of nonrecurrence of human rights violations. I discuss four strategies for handling contested heritage, examining strengths and weaknesses of each (...) strategy. Examples from Bristol, England, highlight common challenges and positive lessons. (shrink)

Leibniz puts forward an intriguing argument against the moral permissibility of chattel slavery in a text from 1703. This argument has three independent layers or sub-arguments. The first is that slavery violates natural rights. The second is that moral laws such as the principles of equity and piety oppose slavery, or at least severely limit the permissible actions toward slaves. The third and final layer is that slavery can at most be justified if the slave is permanently incapable of conducting (...) herself well. Yet, it is very doubtful that any actual human beings satisfy that description. This paper analyzes and evaluates Leibniz’s argument, which scholars have so far largely neglected. Even though some elements of the argument are not original to Leibniz, it is of considerable importance for the scholarship of early modern philosophy: it sheds light on Leibniz’s views not only on the moral status of slavery itself, but also on moral rights and obligations more generally. (shrink)