20 found
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  1.  21
    Harm and the Boundaries of Disease.Patrick McGivern & Sarah Sorial - 2017 - Journal of Medicine and Philosophy 42 (4):467-484.
    What is the relationship between harm and disease? Discussions of the relationship between harm and disease typically suffer from two shortcomings. First, they offer relatively little analysis of the concept of harm itself, focusing instead on examples of clear cases of harm such as death and dismemberment. This makes it difficult to evaluate such accounts in borderline cases, where the putative harms are less severe. Second, they assume that harm-based accounts of disease must be understood normatively rather than naturalistically, in (...)
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  2.  14
    The Empathy Dilemma: Democratic Deliberation, Epistemic Injustice and the Problem of Empathetic Imagination.Catriona Mackenzie & Sarah Sorial - 2022 - Res Publica 28 (2):365-389.
    One of the challenges facing complex democratic societies marked by deep normative disagreements and differences along lines of race, gender, sexuality, culture and religion is how the perspectives of diverse individuals and social groups can be made effectively present in the deliberative process. In response to this challenge, a number of political theorists have argued that empathetic perspective-taking is critical for just democratic deliberation, and that a well-functioning democracy requires the cultivation in citizens of empathetic skills and virtues. In this (...)
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  3.  95
    Free Speech, Autonomy, and the Marketplace of Ideas.Sarah Sorial - 2010 - Journal of Value Inquiry 44 (2):167-183.
  4.  5
    Deliberation and the Problems of Exclusion and Uptake: The Virtues of Actively Facilitating Equitable Deliberation and Testimonial Sensibility.Sarah Sorial - forthcoming - Ethical Theory and Moral Practice:1-17.
    In this paper, I suggest that one of the ways in which problems of exclusion from deliberation and uptake within deliberation can be ameliorated is to develop a more robust account of the deliberative virtues that socially privileged speakers/hearers ought to cultivate. Specifically, privileged speakers/hearers ought to cultivate the virtue of actively facilitating equitable and inclusive deliberative exchanges and the deliberative virtue of training their ‘testimonial sensibility’ to correct for prejudicial judgments about other speakers.
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  5.  15
    The Expression of Anger in the Public Sphere.Sarah Sorial - 2017 - Journal of Social Philosophy 48 (2):121-143.
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  6.  38
    Punishment for Mob‐Based Harms: Expressing and Denouncing Mob Mentality.Sean Bowden, Sarah Sorial & Kylie Bourne - 2021 - Wiley: Journal of Applied Philosophy 38 (3):366-383.
  7.  8
    Punishment for Mob-Based Harms: Expressing and Denouncing Mob Mentality.Sean Bowden, Sarah Sorial & Kylie Bourne - 2021 - Journal of Applied Philosophy 38 (3):366-383.
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  8.  32
    Heidegger, Jean-Luc Nancy, and the Question of Dasein’s Embodiment: An Ethics of Touch and Spacing.Sarah Sorial - 2004 - Philosophy Today 48 (2):216-240.
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  9.  53
    Anger, Provocation and Loss of Self-Control: What Does ‘Losing It’ Really Mean?Sarah Sorial - 2019 - Criminal Law and Philosophy 13 (2):247-269.
    Drawing on recent research in the philosophy of the emotions and empirical evidence from social psychology, this paper argues that the concept of loss of self-control at common law mischaracterises the relationship between the emotions and their effects on action. Emotions do not undermine reason in the ways offenders describe ; nor do they compel people to act in ways they cannot control. As such, the idea of ‘loss of self-control’ is an inaccurate and misleading description of the psychological mechanisms (...)
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  10.  95
    Hate Speech and Distorted Communication: Rethinking the Limits of Incitement.Sarah Sorial - 2015 - Law and Philosophy 34 (3):299-324.
    Hate speech is commonly defined with reference to the legal category of incitement. Laws targeting incitement typically focus on how the speech is expressed rather than its actual content. This has a number of unintended consequences: first, law tends to capture overt or obvious forms of hate speech and not hate speech that takes the form of ‘reasoned’ argument, but which nevertheless, causes as much, if not more harm. Second, the focus on form rather than content leads to categorization errors. (...)
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  11.  68
    Can Saying Something Make It So? The Nature of Seditious Harm.Sarah Sorial - 2010 - Law and Philosophy 29 (3):273-305.
    In this paper, I redress an analytic deficit in debates about sedition by providing an explanatorily account of the relation between speech and action using speech act theory as developed by J. L. Austin. The specific focus will be on speech acts advocating violence against the state, in the form of religious sermons preaching violent jihad or glorifying acts of terrorism. This philosophical account will have legal consequences for how we classify speech acts deemed to be dangerous, or to cause (...)
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  12.  38
    Katharine Gelber, Speech Matters: Getting Free Speech Right.Sarah Sorial - 2011 - Critical Horizons 12 (2):270-273.
    Reviewed by: Sarah Sorial, Faculty of Law/Faculty of Arts (Philosophy), The University of Wollongong, New South Wales, Australia. E-mail: [email protected]
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  13.  63
    Habermas, Feminism, and Law: Beyond Equality and Difference?Sarah Sorial - 2011 - Ratio Juris 24 (1):25-48.
    In this paper, I argue that Habermas' proceduralist model of law can be put to feminist ends in at least two significant ways. First, in presenting an alternative to the liberal and welfare models of laws, the proceduralist model offers feminism a way out of the equality/difference dilemma. Both these attempts to secure women's equality by emphasising women's sameness to men or their difference from men have placed the onus on women to either find a way of integrating themselves into (...)
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  14.  32
    Law, Cosmopolitan Law and the Protection of Human Rights.Sarah Sorial - 2008 - Journal of International Political Theory 4 (2):241-264.
    In Between Facts and Norms, Habermas articulates a system of rights, including human rights, within the democratic constitutional state. For Habermas, while human rights, like other subjective rights have moral content, they do not structurally belong to a moral system; nor should they be grounded in one. Instead, human rights belong to a positive and coercive legal order upon which individuals can make actionable legal claims. Habermas extends this argument to include international human rights, which are realised within the context (...)
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  15.  51
    Heidegger and the Ontology of Freedom.Sarah Sorial - 2006 - International Philosophical Quarterly 46 (2):205-218.
    In this paper, I suggest that Heidegger’s conception of freedom, elaborated in piecemeal fashion in Being and Time, The Basic Problems of Phenomenology, and Metaphysical Foundations of Logic and culminating in The Essence of Human Freedom, providesa way of rethinking our conception of freedom, not as a set of specific determinations and rights, but as the very condition for the possibility of both existence and community. In this elaboration, it is possible to trace Heidegger’s gradual removal of freedom from the (...)
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  16.  23
    The Legitimacy of Pseudo‐Expert Discourse in the Public Sphere.Sarah Sorial - 2017 - Metaphilosophy 48 (3):304-324.
    This article examines the role of expertise in public debate, specifically the ways in which expertise can be mimicked and deployed as “pseudo-expert discourse” to generate legitimacy for views that have otherwise been discredited. The article argues that pseudo-expert discourse having a clear public health or safety impact should be regulated. There have been some attempts to legally regulate this speech through various means; however, these attempts at regulation have been met with fierce resistance, because of free-speech concerns. The article (...)
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  17.  33
    The Limits of the Public Sphere: The Advocacy of Violence.Catriona Mackenzie & Sarah Sorial - 2011 - Critical Horizons 12 (2):165-188.
    In this paper, we give an account of some of the necessary conditions for an effectively functioning public sphere, and then explore the question of whether these conditions allow for the expression of ideas and values that are fundamentally incompatible with those of liberalism. We argue that speakers who advocate or glorify violence against democratic institutions fall outside the parameters of what constitutes legitimate public debate and may in fact undermine the conditions necessary for the flourishing of free speech and (...)
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  18.  14
    Seyla Benhabib, with Jeremy Waldron, Bonnie Honig & Will Kymlicka, Another Cosmopolitanism.Sarah Sorial - 2009 - Critical Horizons 10 (1):148-152.
  19.  25
    Politics of Violence.Sarah Sorial - 2011 - Critical Horizons 12 (2):163-164.
    The problem of political violence, its justifiability, and the question of how we ought to respond to it has been the subject of extensive debate since September 11, 2001, and subsequent terrorist attacks in Madrid (2004), London (2005), Bali (2005) and Mumbai (2008). The phenomenon of political violence is by no means new; nor have the measures taken by Western governments in response to recent terrorist attacks been unprecedented.
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  20. Just Words? Hate Speech, Harm, and the Justifiability of Legal Regulation.Sam Shpall & Sarah Sorial - 2021 - Australasian Philosophical Review 5 (2):117-128.
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