This chapter examines three approaches to applied political and legal philosophy: Standard activism is primarily addressed to other philosophers, adopts an indirect and coincidental role in creating change, and counts articulating sound arguments as success. Extreme activism, in contrast, is a form of applied philosophy directly addressed to policy-makers, with the goal of bringing about a particular outcome, and measures success in terms of whether it makes a direct causal contribution to that goal. Finally, conceptual activism (like standard activism), primarily (...) targets an audience of fellow philosophers, bears a distant, non-direct, relation to a desired outcome, and counts success in terms of whether it encourages a particular understanding and adoption of the concepts under examination. (shrink)

This article provides a comparative analysis of various methodologies employed in building arguments regarding prostitution law and policy, and reflects on the proper aims of legal philosophy more generally. Taking Peter de Marneffe’s Liberalism and Prostitution (OUP 2010 ) as a launching point for these reflections, the article offers a mostly favourable review of the book as a whole, and defends the philosophical method as one (amongst other) valuable ways to argue about prostitution.

This article sets out a framework for distinguishing three kinds of norms governing past sexual (mis)conduct and our responses to it: wrongfulness norms, excusability norms, and accountability norms. The framework provides conceptual tools for making sense of (and understanding the limits of) three distinct responses commonly offered by those accused of past sexual misconduct: “But that used to be okay!” “But everybody used to think that was okay!” and “But that was so long ago!”.

This article examines the normative force of consent, explaining how consent works its “moral magic” in transforming the moral quality of conduct that would otherwise constitute a wrong against the consenting person. Dempsey offers an original account of the normative force of consent, according to which consent (when valid) creates an exclusionary permission . When this permission is taken up, the moral quality of the consented-to conduct is transformed, such that it no longer constitutes a wrong against the consenting (...) person. Building on this account of how consent works, Dempsey identifies two sets of cases in which consent fails to transform the moral quality of one’s conduct: cases in which one is consent-insensitive to the rational force of another’s consent, and cases in which one acts for sadistic reasons. (shrink)

In whose voice does the criminal law speak, and why does it matter? Miriam Gur-Arye argues that the answer to the first question depends on the kind of duty violated by the crime at issue. In some cases (say, election fraud or tax evasion), the criminal law speaks in the voice of the polity—but in other cases (say, murder or rape), it speaks in the voice of human beings. Or so argues Gur-Ayre. Not surprisingly, perhaps, a lot depends on what (...) one means by the voice of the criminal law. In this paper, I defend two related arguments. First, the criminal law typically claims to speak in the voice of the polity, even if, in practice, it often fails to do so. Second, where the criminal law does speak in the voice of the polity, its doing so can contribute to its own justification. (shrink)

According to Jeff McMahan, a person is liable to be killed in self-defense if the person has acted in such a way that to kill him would neither wrong him nor violate his rights. This account of self-defense has spawned something of a cottage industry in the philosophical literature of such “liability-based accounts.” Liability-based accounts of self-defense, however, are deficient for two reasons. First, they fail to account for the moral residue that remains in the wake of the justified killing (...) of another human being. Second, they are incapable of explaining cases in which people rationally opt not to kill in cases of justified self-defense. As an alternative, the chapter offers a reasons-based account of self-defense and demonstrates its capacity both to avoid counterintuitive views regarding the moral position of those who kill in self-defense and to explain a wider range of salient considerations regarding the morality of self-defense. (shrink)

This chapter examines three approaches to applied political and legal philosophy: standard activism, extreme activism, and conceptual activism. They differ from one another in their target audiences, how directly the arguments seek to advance change in the world, and what they take as their measure(s) of success. Standard activism is primarily addressed to other philosophers, adopts an indirect and coincidental role in creating change, and counts articulating sound arguments as success. Extreme activism, in contrast, is a form of applied philosophy (...) directly addressed to policy‐makers, with the goal of bringing about a particular outcome, and measures success in terms of whether it makes a direct causal contribution to that goal. Finally, conceptual activism (like standard activism), primarily targets an audience of fellow philosophers, bears a distant, non‐direct, relation to a desired outcome, and counts success in terms of whether it encourages a particular understanding and adoption of the concepts under examination. (shrink)

This chapter examines applied ethics regarding prostitution and criminalization. It proceeds in three parts. Part one examines different ways of defining prostitution, part two reviews five objections to prostitution that have framed standard debates regarding criminalization, and part three examines issues that have arisen in ethical debates regarding prostitution and criminalization in recent decades. Along the way, the chapter illustrates the extent to which debates in applied ethics regarding the criminalization of prostitution depend in large part on what prostitution is (...) like in a given social context. Further, the chapter emphasizes that satisfactory answers to this question depend not only on empirical evidence but on ethical disagreements regarding underlying concepts such as choice, freedom, and consent. (shrink)

This article explores some conceptual issues regarding criminalization at the domestic and international levels. It attempts to explain what it means to say that a particular kind of conduct has been criminalized, and considers how the processes of criminalization differ in domestic and international law. In unpacking these issues, the article takes the examples of rape and sex trafficking in domestic and international legal systems, explores whether these offenses are criminalized more broadly in international criminal law as compared to domestic (...) criminal law, and briefly outlines possible explanations for this disparity. (shrink)

This article is a contribution to a symposium on Kit Wellman’s intriguing monograph, Rights Forfeiture and Punishment. Primarily, the article grapples with Wellman’s claims regarding the moral permissibility of sadistic punishment. The metaphor of “philosophical languages” is employed throughout, to compare Wellman’s use of rights-forfeiture discourse to an approach that is grounded in practical-reasons discourse. This study in philosophical translation allows us to reassess and critique Wellman’s conclusions regarding the moral permissibility of sadistic punishment. On one level, the article is (...) an attempt to engage with Wellman’s book and rights-forfeiture based arguments on, and in, their own terms. Yet, the article is also an attempt to explain and defend a practical-reasons based approach to appraising moral permissibility. If the article succeeds, it both pays tribute to Wellman’s masterful rights-forfeiture arguments, while making the case that practical-reason arguments illuminate a wider range of salient considerations that we should wish to keep in view when considering the moral permissibility of sadistic punishments. (shrink)

I am grateful to Criminal Law & Philosophy for organizing this symposium on my book, Prosecuting Domestic Violence: A Philosophical Analysis (OUP 2009)—and am especially indebted to Professors Kinports and Cowan for their careful, generous, and challenging engagements with my arguments. I am relieved to find that Professors Kinports and Cowan are mostly positive in their evaluation of the book’s merits and delighted to find their critical reflections have offered me the opportunity to think more deeply about the project I (...) undertook in the book.I found much with which to agree in both commentaries. Indeed, I will have little to offer in response to Professor Kinports’ article until the end of my own comments here, except to note that I found her critique of prosecutors-as-community-representatives as illuminating as it was disheartening. Perhaps one way to increase the likelihood that prosecutors might someday act as genuine representatives of their communities (in whole or in part) wou .. (shrink)

This book provides the first serious, sustained philosophical investigation of the criminal prosecution of domestic violence. It provides a theoretical framework for understanding ongoing debates regarding the criminal justice system's response to domestic violence.

Michelle Madden Dempsey’s Prosecuting Domestic Violence: A Philosophical Analysis (2009) is an important book for many reasons. Amongst these are the prevalence of domestic violence and the extraordinary, largely unaccountable discretionary powers wielded by prosecutors in the United States. Against this background, Dempsey asks in particular what prosecutors should do when the victims of domestic violence withdraw their support from the proposed prosecution. In Prosecuting Domestic Violence, Dempsey provides a general account of prosecutorial practical reasoning (...) that can be applied to answer this question. Given that she argues that “particularly aggressive prosecution” is in at least some cases justified, the later chapters of the book address issues surrounding the victims of domestic violence: their rights and duties when it comes to prosecution and the measures that might be directed against victims who are unwilling to co-operate.What Dempsey calls her “central analytic tool” in .. (shrink)

Michelle Madden Dempsey’s compelling book sets out a normative feminist argument as to why and when prosecutors should continue to pursue prosecutions in domestic violence cases where the victim refuses to participate in or has withdrawn their support for the prosecution. This paper will explore two of the key aspects of her argument—the centrality and definition of the concept of patriarchy, and the definition of domestic violence—before concluding with some final thoughts as to the appropriate parameters of (...) feminist prosecutorial decision-making. The paper argues that Madden Dempsey could offer a more detailed and nuanced argument about the role that patriarchy plays, particularly its relevance in marking out appropriate cases for pursuit; and that her thesis requires a more convincing exposition of the precise reasons for offering such a narrow account of domestic violence. (shrink)

This paper clarifies and defends my account of the rights forfeiture theory of punishment in response to analyses by Michelle Madden Dempsey and Gerald Lang.

In 'Law as a Leap of Faith' Gardner's analogy of faith in law to faith in God may seem outlandish. But consider the implications of the positions Gardner's jurisprudential views assemble: law can give us reason to do what we would otherwise not have reason to do - in fact it can give us reason to do what would otherwise be immoral. This is the implication of a commitment to law's capacity to give exclusive reasons, on one hand, together with (...) the commitment, on the other, that any given law is valid because of its sources and not its moral merits. (shrink)

I am very grateful to the contributors for this symposium for their essays on my Punishment book. Each focuses with different elements of my work. Antony Duff examines the definition of punishment in my first few pages. Michelle Madden Dempsey analyses the importance given to coherence in my account and critique of expressivist theories of punishment. Richard Lippke considers my statements about negative retributivism in an important new defence of that approach. I examine each of these in (...) turn below. While I do not change my position, they draw attention to certain features in my overall argument worth reflecting on at greater length. So I welcome this opportunity to address and clarify these now and grateful for their helping me to rethink my original arguments. (shrink)

In Prosecuting Domestic Violence: A Philosophical Analysis, Michelle Madden Dempsey focuses on the dilemma prosecutors face when domestic violence victims are unwilling to cooperate in the criminal prosecution of their abusive partners. Starting from the premise that the ultimate goal should be putting an end to domestic violence, Dempsey urges prosecutors to act as feminists in deciding how to proceed in such cases. Doing so, Dempsey argues, will tend to make the character of the prosecutor’s (...) community and state less patriarchal and thus help stamp out domestic violence. This article analyzes two issues arising from Dempsey’s work: first, whether prosecutors can justifiably be viewed as representatives of their states and communities; and, second, how prosecutors committed to using their discretion to battle both domestic violence and patriarchy would go about determining in a particular case whether to pursue criminal charges against the wishes of a victim. (shrink)

In July 2020, the H3Africa Ethics and Community Engagement (E&CE) Working Group organised a webinar with ethics committee members and biomedical researchers from various African institutions throughout the Continent to discuss the issue of whether and how biological samples for scientific research may be accessed by commercial entities when broad consents obtained for the samples are silent. 128 people including Research Ethics Committee members (10), H3Africa researchers (46) including members of the E&CE working group, biomedical researchers not associated with H3Africa (...) (27), representatives from the National Institutes of Health (16) and 10 other participants attended the webinar and shared their views. Several major themes emerged during the webinar, with the topics of broad versus explicit informed consent, defining commercial use, legacy samples and benefit sharing prevailing in the discussion. This report describes the consensus concerns and recommendations raised during the meeting and will be informative for future research on ethical considerations for genomic research in the African research context. (shrink)

This paper is a short commentary on Michelle Dempsey's contribution to a symposium on the work of John Finnis which took place at Villanova Law School in the fall of 2011. It focuses on Finnis's claim that there is a presumptive obligation to obey the law and some worries that Dempsey raises against this claim. It is forthcoming, along with several other papers from the symposium, in the Villanova Law Review.

This is the first full-length biography in more than fifty years of Immanuel Kant, one of the giants amongst the pantheon of Western philosophers as well as the one with the most powerful and broad influence on contemporary philosophy. It is well known that Kant spent his entire life in an isolated part of Prussia living the life of a typical university professor. This has given rise to the view that Kant was a pure thinker with no life of his (...) own, or at least none worth considering seriously. In this biography, Manfred Kuehn debunks that myth once and for all. Taking account of the most recent scholarship Professor Kuehn allows the reader to follow the same journey that Kant himself took in emerging as a central figure in modern philosophy. (shrink)

First published: 2010; Previous edition: 2012..

What is given to us in conscious experience? The Given is an attempt to answer this question and in this way contribute to a general theory of mental content. The content of conscious experience is understood to be absolutely everything that is given to one, experientially, in the having of an experience. Michelle Montague focuses on the analysis of conscious perception, conscious emotion, and conscious thought, and deploys three fundamental notions in addition to the fundamental notion of content: the (...) notions of intentionality, phenomenology, and consciousness. She argues that all experience essentially involves all four things, and that the key to an adequate general theory of what is given in experience lies in giving a correct specification of the nature of these four things and the relations between them. (shrink)

Building on contemporary research in embodied cognition, enactivism, and the extended mind, this book explores how social institutions in contemporary neoliberal nation-states systematically affect our thoughts, feelings, and agency. Human beings are, necessarily, social animals who create and belong to social institutions. But social institutions take on a life of their own, and literally shape the minds of all those who belong to them, for better or worse, usually without their being self-consciously aware of it. Indeed, in contemporary neoliberal societies, (...) it is generally for the worse. In The Mind-Body Politic, Michelle Maiese and Robert Hanna work out a new critique of contemporary social institutions by deploying the special standpoint of the philosophy of mind—in particular, the special standpoint of the philosophy of what they call essentially embodied minds—and make a set of concrete, positive proposals for radically changing both these social institutions and also our essentially embodied lives for the better. (shrink)

In recent years, a growing number of thinkers have begun to challenge the long-held view that the mind is neurally realized. One strand of critique comes from work on extended cognition, a second comes from research on embodied cognition, and a third comes from enactivism. I argue that theorists who embrace the claim that the mind is fully embodied and enactive cannot consistently also embrace the extended mind thesis. This is because once one takes seriously the central tenets of enactivism, (...) it becomes implausible to suppose that life, affectivity, and sense-making can extend. According to enactivism, the entities that enact a world of meaning are autonomous, embodied agents with a concerned point of view. Such agents are spatially situated, differentiated from the environment, and intentionally directed towards things that lie at a distance. While the extended mind thesis blurs the distinction between organism and environment, the central tenets of enactivism emphasize differentiations between the two. In addition, enactivism emphasizes that minded organisms are enduring subjects of action and experience, and thus it is implausible to suppose that they transform into a new form of life whenever they become intimately coupled to some new element in their environment. The proponent of enactivism and embodied cognition should acknowledge that life and affectivity are relational and environmentally embedded, but resist the further claim that these phenomena are extended. (shrink)

The normative power of consent plays a central role in enabling individuals to permissibly interact with one another. However, in the philosophical literature, the relationship between consent and permissible action is not always well understood. In this article I outline an account of the normative effect of valid consent, in order to clarify this relationship. I first argue that consent’s primary moral significance lies in its effect upon our interpersonal moral relationships. Specifically, I argue that valid consent serves to cancel (...) a directed duty owed to the consenter. Other things being equal, this equips the consentee with a directed permission: they will no longer wrong the consenter by acting in the consented to manner. However, this account does not yet explain how consent impacts upon the all things considered permissibility of an action. On the assumption that all things considered permissibility is a function of an agent’s reasons for action, we require an account of consent’s effect on those reasons. I consider, and then reject, Michelle Dempsey’s recent suggestion that consent affects a consentee’s reasons for action by granting them an exclusionary permission. I propose that we should instead understand consent to function as a cancelling permission. (shrink)

Philosophers disagree about what the folk concept of pain is. This paper criticises existing theories of the folk concept of pain, i.e. the mental view, the bodily view, and the recently proposed polyeidic view. It puts forward an alternative proposal – the polysemy view – according to which pain terms like “sore,” “ache” and “hurt” are polysemous, where one sense refers to a mental state and another a bodily state, and the type of polysemy at issue reflects two distinct but (...) related concepts of pain. Implications with respect to issues in philosophy of pain are also drawn. (shrink)

This major study of Kant provides a detailed examination of the development and function of the doctrine of transcendental illusion in his theoretical philosophy. The author shows that a theory of 'illusion' plays a central role in Kant's arguments about metaphysical speculation and scientific theory. Indeed, she argues that we cannot understand Kant unless we take seriously his claim that the mind inevitably acts in accordance with ideas and principles that are 'illusory'. Taking this claim seriously, we can make much (...) better sense of Kant's arguments and reach a deeper understanding of the role he allots human reason in science. (shrink)

There is growing concern that decision-making informed by machine learning (ML) algorithms may unfairly discriminate based on personal demographic attributes, such as race and gender. Scholars have responded by introducing numerous mathematical definitions of fairness to test the algorithm, many of which are in conflict with one another. However, these reductionist representations of fairness often bear little resemblance to real-life fairness considerations, which in practice are highly contextual. Moreover, fairness metrics tend to be implemented in narrow and targeted toolkits that (...) are difficult to integrate into an algorithm’s broader ethical assessment. In this paper, we derive lessons from ethical philosophy and welfare economics as they relate to the contextual factors relevant for fairness. In particular we highlight the debate around acceptability of particular inequalities and the inextricable links between fairness, welfare and autonomy. We propose Key Ethics Indicators (KEIs) as a way towards providing a more holistic understanding of whether or not an algorithm is aligned to the decision-maker’s ethical values. (shrink)

The human species is more reliant on cultural adaptation than any other species, but it is unclear how observational learning can give rise to the faithful transmission of cultural adaptations. One possibility is that teaching facilitates accurate social transmission by narrowing the range of inferences that learners make. However, there is wide disagreement about how to define teaching, and how to interpret the empirical evidence for teaching across cultures and species. In this article I argue that disputes about the nature (...) and prevalence of teaching across human societies and nonhuman animals are based on a number of deep-rooted theoretical differences between fields, as well as on important differences in how teaching is defined. To reconcile these disparate bodies of research, I review the three major approaches to the study of teaching – mentalistic, culture-based, and functionalist – and outline the research questions about teaching that each addresses. I then argue for a new, integrated framework that differentiates between teaching types according to the specific adaptive problems that each type solves, and apply this framework to restructure current empirical evidence on teaching in humans and nonhuman animals. This integrative framework generates novel insights, with broad implications for the study of the evolution of teaching, including the roles of cognitive constraints and cooperative dilemmas in how and when teaching evolves. Finally, I propose an explanation for why some types of teaching are uniquely human, and discuss new directions for research motivated by this framework. (shrink)

The paradox of pain refers to the idea that the folk concept of pain is paradoxical, treating pains as simultaneously mental states and bodily states. By taking a close look at our pain terms, this paper argues that there is no paradox of pain. The air of paradox dissolves once we recognize that pain terms are polysemous and that there are two separate but related concepts of pain rather than one.

Prenatal genetic testing is becoming available for an increasingly broad set of diseases, and it is only a matter of time before parents can choose to test for hundreds, if not thousands, of genetic conditions in their fetuses. Should access to certain kinds of fetal genetic information be limited, and if so, on what basis? We evaluate a range of considerations including reproductive autonomy, parental rights, disability rights, and the rights and interests of the fetus as a potential future child. (...) We conclude that parents should be able to access information that could be useful during pregnancy, but that testing for non-medical information should be limited. Next, we argue that the government lacks a compelling state interest in regulating prenatal genetic testing and propose that regulation should occur through medical professional organizations. Finally, we present a framework for determining what testing physicians should recommend, offer neutrally, or not offer at all. (shrink)

Poetry evokes mental imagery in its readers. But how is mental imagery precisely related to poetry? This article provides a systematic treatment. It clarifies two roles of mental imagery in relation to poetry—as an effect generated by poetry and as an efficient means for understanding and appreciating poetry. The article also relates mental imagery to the discussion on the ‘heresy of paraphrase’. It argues against the orthodox view that the imagistic effects of poetry cannot be captured by prosaic paraphrase, but (...) points to features of poetry that can shape aspects of mental imagery that are liable to be lost in paraphrase. (shrink)

Recent research in psycholinguistics suggests that language processing frequently involves mental imagery. This paper focuses on visual imagery and discusses two issues regarding the processing of polysemous words (i.e. words with multiple related meanings or senses) – co-predication and sense-relatedness. It aims to show how mental imagery can illuminate these two issues.

Empirical evidence suggests that perceptual‐motor simulations are often constitutively involved in language comprehension. Call this “the simulation view of language comprehension”. This article applies the simulation view to illuminate the much‐discussed phenomenon of copredication, where a noun permits multiple predications which seem to select different senses of the noun simultaneously. On the proposed account, the (in)felicitousness of a copredicational sentence is closely associated with the perceptual simulations that the language user deploys in comprehending the sentence.

_ Source: _Volume 94, Issue 3, pp 359 - 380 In this paper the author discusses and defends a theory of consciousness inspired by Franz Brentano, according to which every conscious experience involves a certain kind of immediate awareness of itself. All conscious experience is in a certain fundamental sense ‘self-intimating’—it constitutively involves awareness of that very awareness. The author calls this ‘the awareness of awareness thesis’, and she calls the phenomenon that it concerns ‘awareness of awareness’. The author attempts (...) to give a substantive description of what AOA consists in in two ways, first, by listing some of its positive features, and second, by comparing it and contrasting it with introspection. The idea is that there are many different ways we can be aware of our experiences, introspection being one way, AOA being another, distinct way. By clarifying the distinction between AOA and introspection, we can get a better grasp of both phenomena. (shrink)

The purpose of this article is to transcend the assumption that stakeholder engagement is necessarily a responsible practice. Stakeholder engagement is traditionally seen as corporate responsibility in action. Indeed, in some literatures there exists an assumption that the more an organisation engages with its stakeholders, the more it is responsible. This simple 'more is better' view of stakeholder engagement belies the true complexity of the relationship between engagement and corporate responsibility. Stakeholder engagement may be understood in a variety of different (...) ways and from a variety of different theoretical perspectives. Stakeholder engagement may or may not involve a moral dimension and, hence, is primarily a morally neutral practice. It is therefore argued that stakeholder engagement must be seen as separate from, but related to, corporate responsibility. A model that reflects the multifaceted relationship between the two constructs is proposed. This model not only allows the coincidence of stakeholder engagement with corporate responsibility, but also allows for the development of the notion of corporate irresponsibility. (shrink)

The surface grammar of reports such as ‘I have a pain in my leg’ suggests that pains are objects which are spatially located in parts of the body. We show that the parallel construction is not available in Mandarin. Further, four philosophically important grammatical features of such reports cannot be reproduced. This suggests that arguments and puzzles surrounding such reports may be tracking artefacts of English, rather than philosophically significant features of the world.

Calvin's 1559 Institutes is one of the most important works of theology that emerged at a pivotal time in Europe's history. As a movement, Calvinism has often been linked to the emerging features of modernity, especially to capitalism, rationalism, disenchantment, and the formation of the modern sovereign state. In this book, Michelle Sanchez argues that a closer reading of the 1559 Institutes recalls some of the tensions that marked Calvinism's emergence among refugees, and ultimately opens new ways to understand (...) the more complex ethical and political legacy of Calvinism. In conversation with theorists of practice and signification, she advocates for reading the Institutes as a pedagogical text that places the reader in the world as the domain in which to actively pursue the 'knowledge of God and ourselves' through participatory uses of divine revelation. Through this lens, she reconceives Calvin's understanding of sovereignty and how it works in relation to the embodied reader. Sanchez also critically examines Calvin's teaching on providence and the incarnation in conversation with theorists of political theology and modernity who emphasize the importance of those very doctrines. (shrink)