From a logical point of view, permissibility can be reduced to possibility by introducing demands which can be met. The alleged reduction is circular from a philosophical perspective, however, because demands are fundamentally deontic. This paper solves this problem by replacing demands which can be met with rules which can be satisfied and violated.

Abstract:AbstractIn the post-Trayvon Martin era of racial terror against Black people in the U.S., many scholars frame contemporary anti-Black racial violence in the U.S. as an injustice primarily experienced by Black men and boys. This framing, however, fails to capture the deeply entrenched reality of Black violability. Black violability encapsulates the lived and historical experiences of Black people with state-initiated and state-sanctioned violence. This essay argues for a herstorical approach, which renders visible Black women and girls, trans*, genderqueer, (...) and queer people as victims of anti-Black racial terror. (shrink)

A common feature of scientific and ethical debates is that clones are generally described and understood as “copies” or, more specifically defined, as “genetic copies.” The attempt of this paper is to question this widespread definition. It first argues that the terminology of “clone as copy” can only be understood as a metaphor, and therefore, a clone is not a “genetic copy” in a strict literal sense, but in a figurative one. Second, the copy metaphor has a normative component that (...) is problematic in the context of descriptive science and may support or indicate the ethically relevant phenomenon of objectification of animals. In order to support the argument against the common conception of a clone as a copy, the biotechnological principles of somatic cell nuclear transfer cloning will be examined. On this basis, it will be shown that the metaphor is valid because of similarities between the phenotype, the genotype, or the nuclear DNA sequence of the clone and its progenitor by using three prominent levels of comparison. Focusing on the process of SCNT, it will be shown that cloning as copying or doubling has to be redefined for scientific purposes because it is neither necessary nor does it fit to the biotechnological principles of cloning. It is more accurate to understand SCNT cloning as a process of splitting rather than of doubling or copying. In the second part, a deconstructivist analysis based on Jacques Derrida’s description in Positions will reveal the normative potential of the original–copy dichotomy. I will be showing that it includes an asymmetrical power structure between the original and the copy and that this structure can be reversed or at least considered unstable. Therefore, arguments that build on that metaphor must be reconsidered. Moreover, the analysis reveals that applying a terminology to humans and animals that is commonly used for things becomes the language of objectification. Two selected examples, fungibility and violability, based on Martha Nussbaum’s notion of objectification will support the thesis of objectification, display its normative consequences, and put the clone as a copy metaphor in a broader range of ethically questionable research tendencies. (shrink)

This article centres around objectification. It offers an analysis of the notions that are involved in this phenomenon, their moral wrongness, as well as the connections that exist between them. Martha Nussbaum has suggested that seven notions are involved in objectification: instrumentality, denial of autonomy, inertness, fungibility, violability, ownership, and denial of subjectivity. She espouses the view that the instrumentalisation of human beings is especially problematic as compared to the other ways in which we can treat human beings as (...) objects . In this paper, I argue against the view that instrumentalisation should be thought of as more suspicious from a moral point of view than the rest of the ways in which people can be treated as objects. Singling out extreme instrumentality for being especially problematic might lead us to underestimate the wrongness involved in the other ways of treating human beings as objects, and can therefore potentially distort our understanding of what, more generally, is wrong with objectifying human beings. (shrink)

People exhibit conflicting intuitions concerning the mind/body links. Here, I explore a novel explanation for these inconsistencies: Dualism is a violable constraint that interacts with Essentialism. Two experiments probe these interactions. In Experiment 1, participants evaluated the emergence of psychological traits in either a replica of one's body, or in the afterlife—after the body's demise. In line with Dualism, epistemic (i.e., disembodied) traits (e.g., knowing the contrast between good/bad) were considered more likely to emerge (relative to sensorimotor/affective traits) only in (...) the afterlife. However, so were innate traits (in line with Essentialism). To further gauge Essentialism, Experiment 2 presented the same traits to innateness judgments. Here, sensorimotor/affective (i.e., embodied) traits were considered more likely to be innate, suggesting that innateness intuitions are informed by embodiment. Moreover, innateness judgments (in Experiment 2) and embodiment intuitions (in Experiment 1) correlated. These results suggest that Dualism tacitly constrains reasoning about one's innate origins and its persistence after death. But since Dualism is “soft” and interacts with Essentialism, supernatural intuitions are chimeric, not purely ethereal. (shrink)

This study evaluates the ontological and ethical premises and presuppositions of three abortion theorists: Germain Grisez, Eike-Henner W. Kluge, and Michael Tooley. ;Grisez's argument that human embryos and fetuses are moral persons because moral rights are derived from moral value, and the full moral value of human adults who are moral persons is implicit in the living genetic mechanism of all human beings, is criticized on the basis of the tension in Aristotle's doctrine between the notion of essence as an (...) internal causitive principle, and as a set of observable qualities considered to be definitive of the nature of a living thing. However, David Wiggins' use of the semantical theory of natural kind terms of Hilary Putnam is suggested as a possible resolution. ;Kluge's argument that rational beings are moral persons because rational awareness has an absolute and intrinsic value, and that mature fetuses are moral persons because their neurological systems have become sufficiently complex to provide the present capability for rational awareness is criticized because he fails to show that mature fetuses do have such a present capability, and because his discussion of the relationship of potential being to actual being of living things wrongly presupposes that human gestation is analogous to the making of an artifact. ;Tooley's contrary argument that the right to life is not derivable from moral value but must, itself, be something violable, and that there is a conceptual connection between its violation and one's desire to continue to live, excludes fetuses and neonates because they lack the mental capability to desire to continue to live. Tooley's analysis is criticized as incomplete, and his argument as presupposing the existence of an essentially mentalistic self. ;The final chapter is a synthesis which considers the ontology of the development of personality or self, including the theories of Descartes, Locke and Wiggins. The conclusion is reached that theories which claim that a moral person "comes to be" as a fundamentally different kind of being at some point after conception, due to either morphological changes or the development of personality or self, entail dual principles of identity and, hence, are in danger of unintelligibility. (shrink)

Eric Nelson has recently argued that John Rawls’ interpretation of the maxim to respect persons as ends in themselves which grants priority to our least-advantaged citizens violates the liberal commitment to neutrality towards each person’s capability to choose her or his conception of the good. This violation is revealed by the sectarian character of Martha Nussbaum’s list of capabilities, her Aristotelian extension of Rawls’ distributive ethics. I argue that Nelson advances an elitist interpretation of the non-violability of persons, in (...) which the capabilities of oneself are set in opposition to those of an other. He thus overlooks for his purposes the anti-sacrificial telos of the Rawlsian principles of justice which articulates the capabilities of oneself as another. Nelson’s elitism may itself be traced to Nussbaum’s rejection of Rawls’ distributive figuration of capability, the Aristotelian heritage of which is developed by Paul Ricoeur and which underwrites civic phronēsis on societal norms of reciprocity. (shrink)

The central thesis developed in this paper is that sexual violence is a possibility founded in the — historical — constitutive conditions of the female body, which means that sexual violence against women is possible because of the availability of their bodies. The availability of the female body as a condition for rape is established in three principal moments: 1) The historical and spiritual determination of the subjective female identity as founded in the materiality of her own body —or her (...) reproductive specificity—. 2) The socially ambiguous configuration of the «femenine-I can» derived from the reproduction/sensuality difference; and, 3) The sexual rape as a reassertion of the gender availability in such a way that the rape sexualizes the gender as vulnerable, establishing or adding a wrapping meaning of feminity as something vulnerable. Being an other-body is being, originally, an available body, violable in essence, sexually vulnerable. (shrink)

What makes an injustice epistemic rather than ethical or political? How does the former, more recent category relate to the latter, better-known forms of injustice? To address these questions, the papers of this Special Issue investigate epistemic injustice in close connection to different conceptions of agency, both epistemic and practical.

In March 1603 the mortal remains of Queen Elizabeth I, against her stated wishes, were ‘opened’ to enable their temporary preservation until arrangements for her funeral could be completed. That post-mortem office was performed by members of the Worshipful Company of Barber-Surgeons of London, to whom her father had first granted a royal warrant to retrieve executed felons from the public gallows for their ‘better learning’ through lectures in anatomical dissection. In this article, portraiture of Elizabeth that appeals to the (...) notion of her as an embodiment of the sovereign state of England is compared with a contemporary portrait of an anatomy lesson being performed by the Barber-Surgeons, drawing connections between the dissection of felons under sovereign law and the violability of the sovereign (female) body in the liminal period between her death and the delayed formalities of ascension for James I. (shrink)

In this paper I will discuss certain cases in Japanese and Korean morphosyntax where forms compete to express the same semantic and grammatical information, and attempt to show that in each instance the most economical form is chosen. Presenting an account in terms of Optimality Theory (OT; see Prince and Smolensky (1993), Grimshaw (1995)), I will argue that constraints such as ‘Avoid Word’ and ‘Avoid Affix’ (as in (1)) are motivated as the forces behind the economization. (1) Avoid Word, Avoid (...) Affix. In OT, constraints are violable and ranked. For a given input—in this paper, abstract grammatical and semantic information—the optimal output is the morpho-syntactic expression which best satisfies the constraints in their ranking, even if some constraints are violated. If the constraints in (1) were the only forces on grammatical expression, the optimal output would be silence; but such an output would fail to express any of the information in the input. Hence, there are constraints on what is called ‘Faithfulness’ in OT, constraints which require linguistic material to faithfully express the abstract input information. In the next section of the paper, I discuss cases where a single word competes with a syntactic formation to express the same input information, illustrating a case where ‘Blocking’ extends from morphology into syntax. (shrink)

Constitutivism is a family of theories of normativity, especially in metaethics, that rely on the concept of constitutive norms: norms that are grounded in constitutive features of the kind of thing to which they apply. In this paper, I present two conditions that any constitutivism must meet in its account of constitutive norms, if it is to remain true to its motivations: the constitutivity and broad normativity conditions. I argue that all extant accounts of constitutive norms fail to meet these (...) conditions due to making constitutive norms either inviolable or in need of some external ground of normativity. I then propose a new account of constitutive norms that is better fitted to meet these conditions. This account relies on an analysis of constitutive norms in terms of a specific kind of generic generalization, the “generic proposition”. I explain how norms of this form can be constitutive of a kind, while also allowing for violability. (shrink)

Cranston argued that scarcity makes universal welfare rights impossible. After showing that this argument cannot be avoided by denying scarcity, I consider four challenges to the argument which accept the possibility of conflicts between the duties implied by rights. The first denies the agglomeration principle; the second embraces conflicts of duties; the third affirms the violability of all rights-based duties; and the fourth denies that duties to compensate are overriding. I argue that all four challenges to the scarcity argument (...) are unsuccessful. I then discuss Eddy’s recent challenge, which makes welfare rights context dependent, but I argue that this also fails because it makes rights unknowable. I conclude that the scarcity argument, restated in the light of the discussion, shows that universal welfare rights, as ordinarily understood, are impossible and I explain the philosophical and practical significance of this conclusion. (shrink)

How a social science of big data would look like? In this article, we exemplify such a social science through a number of cases. We start our discussion with the epistemic qualities of big data. We point out to the fact that contrary to the big data champions, big data is neither new nor a miracle without any error nor reliable and rigorous as assumed by its cheer leaders. Secondly, we identify three types of big data: natural big data, artificial (...) big data and human big data. We present and discuss in what ways they are similar and in what other ways they differ. The assumption of a homogenous big data in fact misleads the relevant discussions. Thirdly, we extended 3 Vs of the big data and add veracity with reference to other researchers and violability which is the current author’s proposal. We explain why the trinity of Vs is insufficient to characterize big data. Instead, a quintinity is proposed. Fourthly, we develop an economic analogy to discuss the notions of data production, data consumption, data colonialism, data activism, data revolution, etc. In this context, undertaking a Marxist approach, we explain what we mean by data fetishism. Fifthly, we reflect on the implications of growing up with big data, offering a new research area which is called as developmental psychology of big data. Finally, we sketch data resistance and the newly proposed notion of omniresistance, i.e. resisting anywhere at any occasion against the big brother watching us anywhere and everywhere. (shrink)

Martha Nussbaum attempts to improve the clarity of the obscure talk of feminists and conservatives about objectification in connection with sexual matters. Her discussion is a substantial improvement. However, it is inconsistent and opaque, and she continues to apply the pejorative term ‘objectification’ to activities which she herself admits are morally unproblematic and which may even be a joyous part of life. I explain the deficiencies in Nussbaum’s discussion, including the fact that she does not notice the one way of (...) objectification that seems inherently problematic, and I show that casual sex, prostitution and pornography are normally not morally problematic even while they exhibit some of Nussbaum’s ways of objectification. The term ‘objectification’ should be eschewed because it is a barrier to clear thinking. (shrink)