For Sartre, shame is not an ethical but an ontological experience. With this in mind, the article examines the philosophical connection between shame and ambiguity through analysis of the experiences of abortion and the Nazi Occupation. The article demonstrates how Beauvoir develops Sartre's ontological notion of shame into an ethical philosophy of ambiguity as a result of wartime experiences. It demonstrates how encounters with shame, abortion, ambiguity and Occupation life in Beauvoir's 1945 novel Le sang des autres elucidate and are (...) developed by Sartre and Beauvoir's philosophies of shame and ambiguity. The paper proposes that Sartre's and Beauvoir's thought was shaped by living through the Nazi Occupation and reveals how the memory of wartime shame is activated in contemporary ethical dilemmas in later literary works of both writers. (shrink)

It has been three years since we held the Feminism, Legality and Knowledge seminar to respond to our developing frustrations and excitement around feminist legal studies and academic publishing. In the wake of our 25th anniversary in 2018, we critically reflect further on our original intention to stock up on decolonising techniques to mix feminism, legality and knowledge whilst building on previous consideration of our self-proclaimed ‘international’ status. These reflections are prompted by editorial board members’ experiences as participants in the (...) Cardiff Law and Global Justice Centre’s British Academy-funded Global South Socio-Legal Writing Workshops in Accra, Nairobi and Recife in 2018. Following an explanation of the concerns with academic publishing that have prompted this reflection, we provide a narrative of our experiences in each of the three workshops exploring the lessons learned and their impact on our practice as editors and scholars in feminist legal studies. We finish with a renewal of our commitment to decolonise our minds and practices by continuing to struggle to earn the label ‘international’ for the journal now and in future. A brief introduction to the contents of this issue of FLS follows the reflection. (shrink)

The contributors to this issue focus on legal internationalism, including hybrid mixes with nationalist forms. They have provoked us as editors to think more about these sites and forms of engagement. Sankey shows how civic participation in the ECCC has played a key role in surfacing the gendered harms of separation and starvation. Turan highlights the problems with ICC exclusion of the experience of men and boys from sexual violence. Peroni expresses her hesitations over the Istanbul Convention given an association (...) between assumed vulnerability and migrant women, while admiring its uncoupling of violence and culture. Cruz’s interview with Wendy Brown contextualizes and expands on these themes as they consider, with other participants, the future of feminist theory in the context of neo-liberal capturing of rights and legal space. Thinking more about internationalism and commitment in this context also helps us hold a mirror up to ourselves as we reflect more critically on our own naming of FLS as an ‘international’ journal. Together these contributions, and the reviews of new work, play a role in fleshing out an editorial commitment to enacting the journal as a living thing that ‘hangs together somehow’ even as it is known differently in different places. (shrink)

Picking up the question of what FLaK might be, this editorial considers the relationship between openness and closure in feminist legal studies. How do we draw on feminist struggles for openness in common resources, from security to knowledge, as we inhabit a compromised space in commercial publishing? We think about this first in relation to the content of this issue: on image-based abuse continuums, asylum struggles, trials of protestors, customary justice, and not-so-timely reparations. Our thoughts take us through the different (...) ways that openness and closure work in struggles against violence, cruel welcomes, and re-arrangements of code and custom. Secondly, we share some reflections on methodological openness and closure as the roundtable conversation on asylum, and the interview with Riles, remind us of #FLaK2016 and its method of scattering sources as we think about how best to mix knowledges. Thirdly, prompted by the FLaK kitchen table conversations on openness, publishing and ‘getting the word out’, we respond to Kember’s call to ‘open up open access’. We explain the different current arrangements for opening up FLS content and how green open access, the sharedit initiative, author request and publisher discretion present alternatives to gold open access. Finally drawing on Franklin and Spade, we show how there are a range of ‘wench tactics’—adapting gifts, stalling and resting—which we deploy as academic editors who are trying to have an impact on the access, use and circulation of our journal, even though we do not own the journal we edit. These wench tactics are alternatives to the more obvious or reported tactic of resignation, or withdrawing academic labour from editing and reviewing altogether. They help us think about brewing editorial time, what ambivalence over our 25th birthday might mean, and how to inhabit painful places. In this, we respond in our own impure, compromised way to da Silva’s call not to forget the native and slave as we do FLaK, and repurpose shrapnel, in our common commitments. (shrink)

This editorial explains the themes of the forthcoming FLaK seminar and how those themes draw on the collective and individual contributions of the articles, interviews and commentaries presented in this issue. At FLaK, we propose to think with others about the kind of ‘kitchen table’ that FLS might provide into the future. How might feminist legal studies—the approach and the journal—best use its food, equipment, techniques, time, space, mood, energy and commitment? How shall FLS scholars and associates make the (...) most of what we have in a room that can sometimes be confining and confusing, yet also exciting and sustaining? How do others engage with the processes and products of our kitchen table? In considering these issues and more, we propose to draw reflexively on feminist legacies of praxis, internationalism and openness, as we stock up and critically reflect on decolonizing techniques, legal know-how, protest and publishing practices. (shrink)

Since the last issue of Feminist Legal Studies, we editorial board members have had lots of conversations about comfort, displacement and alienation. As we developed the programme for #FLaK2016 we thought about it as a kind of pulling ourselves out of our comfort zone, if academic events and journals ever have a comfort zone. Drawing on a mix of feminist live performance methods and a science and technology studies-type curiosity for objects of experimentation, we tried out a kitchen table (...) method of hosting a live research conversation with activists, artists and academics over two days. But we had not fully anticipated the way that the Brexit result would contribute to and complicate discomfort. A fuller analysis of FLaK awaits a later moment, but here we pick out this one aspect of our gathering—feelings of discomfort – as they animate the contributions to this issue in interesting ways. (shrink)

Event concepts are unstructured atomic concepts that apply to event types. A paradigm example of such an event type would be that of diaper changing, and so a putative example of an atomic event concept would be DADDY'S-CHANGING-MY-DIAPER.1 I will defend two claims about such concepts. First, the conceptual claim that it is in principle possible to possess a concept such as DADDY'S-CHANGING-MY-DIAPER without possessing the concept DIAPER. Second, the empirical claim that we actually possess such concepts and that they (...) play an important role in our cognitive lives. The argument for the empirical claim has the form of an inference to the best explanation and is aimed at those who are already willing to attribute concepts and beliefs to infants and nonhuman animals. Many animals and prelinguistic infants seem capable of re-identifying event-types in the world, and they seem to store information about things happening at particular times and places. My account offers a plausible model of how such organisms are able to do this without attributing linguistically structured mental states to them. And although language allows adults to form linguistically structured mental representations of the world, there is no good reason to think that such structured representations necessarily replace the unstructured ones. There is also no good reason for a philosopher who is willing to explain the behavior of an organism by appealing to atomic concepts of individuals or kinds to not use a similar form of explanation when explaining the organism's capacity to recognize events. -/- We can form empirical concepts of individuals, kinds, properties, event-types, and states of affairs, among other things, and I assume that such concepts function like what François Recanati calls ‘mental files’ or what Ruth Millikan calls ‘substance concepts’ (Recanati 2012; Millikan 1999, 2000, 2017). To possess such a concept one must have a reliable capacity to re-identify the object in question, but this capacity of re-identification does not fix the reference of the concept. Such concepts allow us to collect and utilize useful information about things that we re-encounter in our environment. We can distinguish between a perception-action system and a perception-belief system, and I will argue that empirical concepts, including atomic event concepts, can play a role in both systems. The perception-action system involves the application of concepts in the service of (often skilled) action. We can think of the concept as a mental file containing motor-plans that can be activated once the individual recognizes that they are in a certain situation. In this way, recognizing something (whether an object or an event) as a token of a type, plays a role in guiding immediate action. The perception-belief system, in contrast, allows for the formation of beliefs that can play a role in deliberation and planning and in the formation of expectations. I distinguish between two particular types of belief which I call where-beliefs and when-beliefs, and I argue that we can model the formation of such perceptual beliefs in nonlinguistic animals and human infants in terms of the formation of a link between an empirical concept and a position on a cognitive map. According to the account offered, seemingly complex beliefs, such as a baby's belief that Daddy changed her diaper in the kitchen earlier, will not be linguistically structured. If we think that prelinguistic infants possess such concepts and are able to form such beliefs, it is likely that adults do too. The ability to form such beliefs does not require the capacity for public language, and we can model them in nonlinguistic terms; thus, we have no good reason to think of such beliefs as propositional attitudes. Of course, we can use sentences to refer to such beliefs, and thus it is possible to think of such beliefs as somehow relations to propositions. But it is not clear to me what is gained by this as we have a perfectly good way to think about the structure of such beliefs that does not involve any appeal to language. (shrink)

" Biosemantics " was the title of a paper on mental representation originally printed in The Journal of Philosophy in 1989. It contained a much abbreviated version of the work on mental representation in Language Thought and Other Biological Categories. There I had presented a naturalist theory of intentional signs generally, including linguistic representations, graphs, charts and diagrams, road sign symbols, animal communications, the "chemical signals" that regulate the function of glands, and so forth. But the term " biosemantics " (...) has usually been applied only to the theory of mental representation. Let me first characterize a more general class of theories called "teleological theories of mental content" of which biosemantics is an example. Then I will discuss the details that distinguish biosemantics from other naturalistic teleological theories. (shrink)

Readers of this book are sure to view the ethics of incentives in a new light.

There are no "special sciences" in Fodor's sense. There is a large group of sciences, "historical sciences," that differ fundamentally from the physical sciences because they quantify over a different kind of natural or real kind, nor are the generalizations supported by these kinds exceptionless. Heterogeneity, however, is not characteristic of these kinds. That there could be an univocal empirical science that ranged over multiple realizations of a functional property is quite problematic. If psychological predicates name multiply realized functionalist properties, (...) then there is no single science dealing with these: human psychology, ape psychology, Martian psychology and robot psychology are necessarily different sciences. (shrink)

Marcus argues that moral dilemmas are real, but that they are not the result of inconsistent moral principles. Moral principles are consistent just in case there is some world where all principles are 'obeyable.' They are inconsistent just in case there is no world where all are 'obeyable.' What this logical point is meant to show is that moral dilemmas do not make moral codes inconsistent. She also discusses guilt, and argues that guilt is still appropriate even in cases of (...) conflict, even when the agent thinks the right thing to do is clear. (shrink)

This book provides an analysis of the debate surrounding cultural diversity, and attempts to reconcile the seemingly opposing views of "ethical imperialism," the belief that each individual is entitled to fundamental human rights, and cultural relativism, the belief that ethics must be relative to particular cultures and societies. The author examines the role of cultural tradition, often used as a defense against critical ethical judgments. Key issues in health and medicine are explored in the context of cultural diversity: the physician-patient (...) relationship, disclosing a diagnosis of a fatal illness, informed consent, brain death and organ transplantation, rituals surrounding birth and death, female genital mutilation, sex selection of offspring, fertility regulation, and biomedical research involving human subjects. Among the conclusions the author reaches are that ethical universals exist, but must not be confused with ethical absolutes. The existence of ethical universals is compatible with a variety of culturally relative interpretations, and some rights related to medicine and health care should be considered human rights. Illustrative examples are drawn from the author's experiences serving on international ethical review committees and her travels to countries in Africa, Asia, and Latin America, where she conducted educational workshops and carried out out her own research. (shrink)

What makes individuals, groups, or even entire countries vulnerable? And why is vulnerability a concern in bioethics? A simple answer to both questions is that vulnerable individuals and groups are subject to exploitation, and exploitation is morally wrong. This analysis is limited to two areas. First is the context of multinational research, in which vulnerable people can be exploited even if they are not harmed, and harmed even if they are not exploited. Second is the situation of women, who are (...) made vulnerable in cultural settings or in entire countries in which they are oppressed and powerless. (edited). (shrink)

Incentives are typically conceived as a form of trade, and so voluntariness appears to be the only ethical concern. As a consequence, incentives are often considered ethically superior to regulations because they are voluntary rather than coercive. But incentives can also be viewed as one way to get others to do what they otherwise would not; that is, as a form of power. When incentives are viewed in this light, many ethical questions arise in addition to voluntariness: What are the (...) responsibilities of the powerful in using incentives? Can incentives be manipulative or exploitative, even if people are free to refuse them? Like all other forms of power, incentives can be abused. This paper develops criteria for distinguishing their legitimate from their illegitimate uses, viz. legitimacy of purpose, voluntariness, and effect on character. The criteria are then applied to three cases: plea bargaining, recruiting medical research subjects, and motivating children to learn. Thinking of incentives in terms of.. (shrink)

Semantics is a bridge discipline between linguistics and philosophy; but linguistics student are rarely able to reach that bridge, let alone cross it to inspect and assess the activity on the other side. Professor Kempson's textbook seeks particularly to encourage such exchanges. She deals with the standard linguistic topics like componential analysis, semantic universals and the syntax-semantics controversy. But she also provides for students with no training in philosophy or logic an introduction to such central topics in the philosophy of (...) language as logical form, truth, speech acts, analyticity, entailment and presupposition. The exposition throughout is deliberately argumentative rather than descriptive, introducing the student step by step to the major problems in theoretical semantics. Special emphasis is placed on the need to consider individual arguments within the overall perspective of semantics as an integral part of general linguistic theory. Written primarily as a textbook for undergraduates and graduates in linguistics departments, this book will also be useful to undergraduates in philosophy and in psychology where linguistics is a part of their course. (shrink)

Alternative readings of quantification are considered. The absence of an unequivocal translation into ordinary speech is noted. Some examples are cited which, in the opinion of the author, are a result of equivocal readings of quantification, or unnecessarily restrictive readings which obscure its primary function.

At the start of Convention (1969) Lewis says that it is "a platitude that language is ruled by convention" and that he proposes to give us "an analysis of convention in its full generality, including tacit convention not created by agreement." Almost no clause, however, of Lewis's analysis has withstood the barrage of counter examples over the years,1 and a glance at the big dictionary suggests why, for there are a dozen different senses listed there. Left unfettered, convention wanders freely (...) from conventional wisdom through conventional medicine, conventions of art and "conventions of morality" to conventions of bidding in bridge.2 Surely it is unwise to try to fell these all with a single stone. Lewis's original goal, however, pursued further in (Lewis 1975), was to describe the conventionality of language, and this may be a more reasonable target. (shrink)

Four questions are raised about the semantics of Quantified Modal Logic. Does QML admit possible objects, i.e. possibilia? Is it plausible to admit them? Can sense be made of such objects? Is QML committed to the existence of possibilia? The conclusions are that QML, generalized as in Kripke, would seem to accommodate possibilia, but they are rejected on philosophical and semantical grounds. Things must be encounterable, directly nameable and a part of the actual order before they may plausibly enter into (...) the identity relation. QML is not committed to possibilia in that the range of variables may be restricted to actual objects. Support of the conclusions requires some discussion of substitution puzzles; also, the semantical distinction between proper names which are directly referring, and descriptions even where the latter are "rigid designators". Views of W.V. Quine, B. Russell, K. Donnellan, D. Kaplan as well as S. Kripke are invoked or evaluated in conjunction with these issues. (shrink)

Tim Maudlin’s argument for the inconsistency of Cramer’s Transactional Interpretation (TI) of quantum theory has been considered in some detail by Joseph Berkovitz, who has provided a possible solution to this challenge at the cost of a significant empirical lacuna on the part of TI. The present paper proposes an alternative solution in which Maudlin’s charge of inconsistency is evaded but at no cost of empirical content on the part of TI. However, Maudlin’s argument is taken as ruling out Cramer’s (...) heuristic “pseudotime” explanation of the realization of one transaction out of many. (shrink)

Rhodes seeks to defend her ‘conclusion that everyday ethics and medical ethics [are] incompatible’.1 She challenges ‘views that medical ethics is nothing more than common morality applied to clinical matters’.1 Beauchamp and Childress explicate the term ‘common morality’ at length.2 Nowhere do they claim that medical ethics is ‘nothing more than common morality applied to clinical matters’. Here is what they do say: “The origin of the norms of the common morality is no different in principle from the origin of (...) the norms of a particular morality for a medical or other profession … The primary difference is that the common morality has authority in all communities, whereas particular moralities are authoritative only for specific groups”.2 This critique discusses the seven examples Rhodes uses to illustrate her main point: that common morality and medical ethics are radically different. I contend that common morality accounts for the purported differences she cites. In ordinary life, people can simply mind their own business, whereas physicians have a duty to act in their professional setting. On this view, common morality cannot explain the moral obligation people have to prevent easily avoidable harm to others. A bystander …. (shrink)

Tim Maudlin's argument for the inconsistency of Cramer's Transactional Interpretation of quantum theory has been considered in some detail by Joseph Berkovitz, who has provided a possible solution to this challenge at the cost of a significant empirical lacuna on the part of TI. The present paper proposes an alternative solution in which Maudlin's charge of inconsistency is evaded but at no cost of empirical content on the part of TI. However, Maudlin's argument is taken as ruling out Cramer's heuristic (...) "pseudotime" explanation of the realization of one transaction out of many. (shrink)

A truly global bioethics involves cooperation and collaboration among countries. Most of the articles published in bioethics journals address a problem that exists in one or more countries, but the articles typically do not discuss solutions that require collaboration or cooperation. COVAX is one example of proposed international cooperation related to the current COVID-19. pandemic. Yet it is evident that nations have been proceeding on their own with little, if any collaboration. Despite international research ethics guidance from the World Health (...) Organization, an article published under WHO auspices violates an ethical principle rejecting “double standards” in the conduct of global research. The COVID pandemic provides an opportunity for countries to learn from the recent lack of international cooperation and employ a multi-national strategy in future global health crises. (shrink)

Pervasive though it is in modern life, the concept of self‐esteem is often viewed with distrust. This paper departs from an idea that was recently aired by Richard Smith: that we might be better off without this concept. The meaning of self‐esteem is explored within four ‘homes’: the self‐help industry, social science, therapy and education. It is suggested that the first two use a ‘simple’ concept of self‐esteem that indeed we are better off without. This concept eliminates the distinction between (...) truthfulness and delusion, and relies on a chimera of quantifiability. The much richer concept of situated self‐esteem is explored, and it is argued that low self‐esteem in children should command the attention of educators. Teachers should address this through education and communication, and reject the idea of boosting self‐esteem through a content‐free curriculum. (shrink)

I try to focus our differences by examining the relation between what Dennett has termed "the intentional stance" and "the design stance." Dennett takes the intentional stance to be more basic than the design stance. Ultimately it is through the eyes of the intentional stance that both human and natural design are interpreted, hence there is always a degree of interpretive freedom in reading the mind, the purposes, both of Nature and of her children. The reason, or at least a (...) reason, is that intentional interpretation is holistic, hence indeterminate, for the kinds of reasons given by Davidson and Quine. In contrast, I take the design stance to be more basic than the intentional stance. Intentional attributions express our best guesses about the locations of effects of certain kinds of natural design. And although there is often indeterminacy, ambiguity, or vagueness concerning what it is that natural selection (or learning) has selected for, these indeterminacies and vaguenesses are local, not holistic. There is reason to suppose that the better portion of Nature's purposes and the intentional states of her children are determinate in content within quite closely defined limits. I propose to defend this position as well as I can, so as to call from Dennett his own views on precisely where our paths separate (if they really do). (shrink)

Where we once spoke in military terms, we now often wield the language of the market: health care is a “product” and we are its “providers” and “consumers.” The market metaphor constrains in various ways our vision of the goals we pursue in making health policy, of the options available to us in pursuing them, indeed—because policy implies a certain view of moral agency—of the way we relate to each other.

Pervasive though it is in modern life, the concept of self-esteem is often viewed with distrust. This paper departs from an idea that was recently aired by Richard Smith: that we might be better off without this concept. The meaning of self-esteem is explored within four ‘homes’: the self-help industry, social science, therapy and education. It is suggested that the first two use a ‘simple’ concept of self-esteem that indeed we are better off without. This concept eliminates the distinction between (...) truthfulness and delusion, and relies on a chimera of quantifiability. The much richer concept of situated self-esteem is explored, and it is argued that low self-esteem in children (often narcissistically disguised) should command the attention of educators. Teachers should address this through education and communication, and reject the idea (prevalent in the USA) of boosting self-esteem through a content-free curriculum. (shrink)

Locke often writes that our knowledge is the perception of the agreement or disagreement of ideas. For example, he refers to “our Knowledge consisting in the perception of the Agreement, or Disagreement of any two Ideas” in the second chapter of the Essay's book on knowledge. Similarly, at the beginning of this book he characterizes knowledge as “the perception of the connexion and agreement, or disagreement and repugnancy of any of our Ideas”. Since commentators remark on this formula so frequently, (...) one would expect that major questions about its interpretation would have been settled long ago. But not so. Controversy still prevails about Locke's intent, and especially about his assumption that the knowledge of the existence of real things counts as an instance of the perception of the agreement or disagreement of ideas.Scholars have put forward two sorts of problems about the attempted assimilation of knowledge of real existence to Locke's formula. (shrink)

This paper takes a sideways look at the controversial topic of educational assessment, raising the question: what place should the success/failure distinction have in an effective and humane educational system? Though the experience of failure may undermine the self-esteem that is conducive to learning, its possibility is clearly important educationally. Instead of asking whether teachers should be truthful about children’s achievements or dishonestly promote their self-esteem, we need to recognise a certain logical indeterminacy about what young children can do. Given (...) this, it is reasonable to presume in favour of many of their capacities rather than against them, for this is how children develop the confidence to act. This includes the confidence to fail as well as the confidence to succeed. It is argued that both are crucial for learning. (shrink)