Originally titled “Is It Murder in Tennessee to Kill a Chimpanzee,” this article argues in some detail that typical legal definitions of “murder” as involving the intentional killing of “a reasonable being” would require classifying the intentional killing of chimpanzees as murder.

Griffiths and Stotz’s Genetics and Philosophy: An Introduction offers a very good overview of scientific and philosophical issues raised by present-day genetics. Examining, in particular, the questions of how a “gene” should be defined and what a gene does from a causal point of view, the authors explore the different domains of the life sciences in which genetics has come to play a decisive role, from Mendelian genetics to molecular genetics, behavioural genetics, and evolution. In this review, I highlight what (...) I consider as the two main theses of the book, namely: genes are better conceived as tools; genes become causes only in a context. I situate these two theses in the wider perspective of developmental systems theory. This leads me to emphasize that Griffiths and Stotz reflect very well an on going process in genetics, which I call the “epigenetization” of genetics, i.e., the growing interest in the complex processes by which gene activation is regulated. I then make a factual objection, which is that Griffiths and Stotz have almost entirely neglected the perspective of ecological developmental biology, and more precisely recent work on developmental symbioses, and I suggest that this omission is unfortunate in so far as an examination of developmental symbioses would have considerably strengthened Griffiths and Stotz’s own conclusions. (shrink)

This collection of original essays, by some of the best known contemporary criminal law theorists, tackles a range of issues about the criminal law's 'special part' - the part of the criminal law that defines specific offences. One of its aims is to show the importance, for theory as well as for practice, of focusing on the special part as well as on the general part which usually receives much more theoretical attention. Some of the issues covered concern the proper (...) scope of the criminal law, for example how far should it include offences of possession, or endangerment? If it should punish only wrongful conduct, how can it justly include so-called 'mala prohibita', which are often said to involve conduct that is not wrongful prior to its legal prohibition? Other issues concern the ways in which crimes should be classified. Can we make plausible sense, for instance, of the orthodox distinction between crimes of basic and general intent? Should domestic violence be defined as a distinct offence, distinguished from other kinds of personal violence? Also examined are the ways in which specific offences should be defined, to what extent those definitions should identify distinctive types of wrongs, and the light that such definitional questions throw on the grounds and structures of criminal liability. Such issues are discussed in relation not only to such crimes as murder, rape, theft and other property offences, but also in relation to offences such as bribery, endangerment and possession that have not traditionally been subjects for in depth theoretical analysis. (shrink)

Cultural trauma occurs when members of a collectivity feel they have been subjected to a horrendous event that leaves indelible marks upon their group consciousness, marking their memories forever and changing their future identity in fundamental and irrevocable ways. While this new scientific concept clarifies causal relationships between previously unrelated events, structures, perceptions, and actions, it also illuminates a neglected domain of social responsibility and political action. By constructing cultural traumas, social groups, national societies, and sometimes even entire civilizations, not (...) only cognitively identify the existence and source of human suffering, but may also take on board some significant moral responsibility for it. Insofar as they identify the cause of trauma in a manner that assumes such moral responsibility, members of collectivities define their solidary relationships that allow them to share the suffering of others. Is the suffering of others also our own? In thinking that it might in fact be, societies expand the circle of the ‘we’ and create the possibility for repairing societies to prevent the trauma from happening again. By the same token, social groups can, and often do, refuse to recognize the existence of others’ suffering, or place the responsibility for it on people other than themselves. Empirically, this article extensively considers trauma construction in the case of the Holocaust – the mass murder of Jews by the German Nazis – but also examines trauma processes in relation to African-Americans, indigenous peoples, colonial victims of Western and Japanese imperialism, the Nanjing Massacre, and victims of the early communist regimes in Soviet Russia and Maoist China. (shrink)

When picking up a book titled Licensed to Practice: The Supreme Court Defines the American Medical Profession, one cannot be faulted for expecting a rather dry legal discourse on the Supreme Court case that cemented medical licensure as the norm of American life. James Mohr dispels these expectations from the very first page of the volume. Instead of recitation of legal doctrine, Mohr begins with a murder mystery. While we know from the very first pages the answer to “whodunit,” (...) the rest of the book masterfully explains why they did it. As it turns out, what led to the murder was an intense fight over the proper way to practice medicine. Mohr’s work is.. (shrink)

This is the first book in recent years to reconsider the shape and details of the English law of homicide, a topic avoided by governments in their plans for law reform. It discusses how the law should define murder, how it should respond to provoked killings, how it should deal with mentally abnormal killers, etc.

Introduction. Murder, some may suggest, is to be defined as the intentional and uncoerced killing of the innocent; and it is true by definition that murder is wrong. Yet wars, particularly modern wars, seem to require the killing of the innocent, e.g. through anti-morale terror bombing. Therefore war must be wrong.

“[A] murder prosecution is a poor way to design an ethical and moral code for doctors,” observed the California Court of Appeal in 1983. Yet, physicians who have chosen to help terminally ill patients to commit suicide have trespassed on illegal ground. When skilled medical care fails to relieve the pain of terminally ill patients, some people believe that physicians may assist in these suicides. Others reject any kind of physician involvement. The debate on assisted suiczide and active euthanasia (...) has focused on whether these acts can ever be acceptable. We propose to shift the debate to a less divisive issue: whether a caring physician who provides a suffering and ill patient with a prescription for a lethal dose of medication should be prosecuted as a felon. Even assisted suicide's opponents may object to such criminal prosecution. We propose to modify existing criminal laws to give physicians who assist their terminally ill patients in suicide, under carefully defined circumstances, a legal defense against criminal charges. (shrink)

“[A] murder prosecution is a poor way to design an ethical and moral code for doctors,” observed the California Court of Appeal in 1983. Yet, physicians who have chosen to help terminally ill patients to commit suicide have trespassed on illegal ground. When skilled medical care fails to relieve the pain of terminally ill patients, some people believe that physicians may assist in these suicides. Others reject any kind of physician involvement. The debate on assisted suiczide and active euthanasia (...) has focused on whether these acts can ever be acceptable. We propose to shift the debate to a less divisive issue: whether a caring physician who provides a suffering and ill patient with a prescription for a lethal dose of medication should be prosecuted as a felon. Even assisted suicide's opponents may object to such criminal prosecution. We propose to modify existing criminal laws to give physicians who assist their terminally ill patients in suicide, under carefully defined circumstances, a legal defense against criminal charges. (shrink)

In a sex selective abortion, a woman aborts a fetus simply on account of the fetus’ sex. Her motivation or underlying reason for doing so may very well be sexist. She could be disposed to thinking that a female child is inferior to a male one. In a hate crime, an individual commits a crime on account of a victim’s sex, race, sexual orientation or the like. The individual may be sexist or racist in picking his victim. He or she (...) could be disposed to thinking that one race or sex is inferior to another. I argue that while a prohibition on sex selective abortions is anomalous in a liberal, criminal legal framework, hate crime legislation may not be. The former but not the latter constitutes a thought crime. I define a thought crime as one where an agent’s motivation is not just relevant but sufficient to take an act from the domain of the non-punishable to the domain of the punishable. Ignoring a woman’s sexist motivation in procuring an abortion suddenly renders her act of abortion legal. On the other hand, discounting an agent’s bias in committing a hate motivated assault or murder does not transform the act from a punishable one to a non-punishable one. Assaulting or murdering is already a crime. (shrink)

More than 7% of all German physicians became members of the Nazi SS during World War II, compared with less than 1% of the general population. In so doing, these doctors willingly participated in genocide, something that should have been antithetical to the values of their chosen profession. The participation of physicians in torture and murder both before and after World War II is a disturbing legacy seldom discussed in medical school, and underrecognised in contemporary medicine. Is there something (...) inherent in being a physician that promotes a transition from healer to murderer? With this historical background in mind, the author, a medical student, defines and reflects upon moral vulnerabilities still endemic to contemporary medical culture. (shrink)

Aren't we actually sick of sex, of difference, of emancipation, of culture? With this provocative taunt, the indomitable sociologist Jean Baudrillard challenges us to face up to our deadly, technologically empowered renunciation of mortality and subjectivity as he grapples with the complex issues that define our postmillennial world. What does the advent and proliferation of cloning mean for our sense of ourselves as human beings? What does the turn of the millennium say about our relation to time and history? What (...) does the instantaneous, virtual realm of cyberspace do to reality? In _The Vital Illusion_--as always--Baudrillard leads his readers to some surprising conclusions. Baudrillard considers how human cloning--as well as the "cloning" of ideas and social identities--heralds an end to sex and death and the divagations of living by instituting a realm of the Same, beyond the struggles of individuation. In this day and age when everything can be cloned, simulated, programmed, and genetically and neurologically managed, humanity shows itself unable to brave its own diversity, preferring instead to regress to the pathological eternity of self-replicating cells. By reverting to our viral origins as sexless immortal beings, we are, ironically, fulfilling a death wish, putting an end to our own species as we know it. Next, Baudrillard explores the "nonevent" that was and is the turn of the millennium. He provocatively puts forward the thesis that the arrival of the year 2000 could never take place because we could neither resolve nor leave behind our history, nor could we stop counting down toward our future. For Baudrillard, the millennial clock reading to the millionth of a second on its way to zero is the perfect symbol of our time: history decays rather than progresses. In closing, Baudrillard examines what he calls "the murder of the real" by the virtual. In a world of copies and clones in which everything can be made present in an instant by technology, we can no longer even speak of reality. Beyond Nietzsche's symbolic murder of God, our virtual world free of referents is in the process of exterminating reality, leaving no trace: "The corps(e) of the Real--if there is any--has not been recovered, is nowhere to be found." Peppered with Baudrillard's signature counterintuitive moves, prophetic visions, and dark humor, _The Vital Illusion_ exposes the contradictions that guide our contemporary culture and rule our lives. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 64.4 (2003) 619-637 [Access article in PDF] Overcoming Gnosticism:Hans Jonas, Hans Blumenberg, and the Legitimacy of the Natural World Benjamin Lazier University of Chicago In 1984, about a decade before his own murder, the Romanian scholar of religion Ioan Culianu complained of a more widespread, if decidedly less grisly form of assault. 1 The gnostics, he declared in a moment of high (...) jocularity, had "taken hold of the whole world, and we were not aware of it. It is a mixed feeling of anxiety and admiration, since I cannot refrain myself from thinking that these alien body-snatchers have done a remarkable job indeed." 2Though offered in jest, Culianu's designation "alien body-snatchers" quite accurately sums up what has remained since 1934 the leading view of gnosticism as a delimited, identifiable phenomenon. In that year appeared the first monumental volume of Gnosis und spätantiker Geist (Gnosis and the Spirit of Late Antiquity) composed by the young Jewish philosopher Hans Jonas as a dissertation under Martin Heidegger and the theologian Rudolf Bultmann. Over the next sixty years Jonas returned again and again to the movement as he defined it. Above all, gnosticism had as its guiding principle the notion of das Fremde. The term includes in its linguistic domain not only "the alien," by which it is most usually translated, but its cognates as well: the strange, the foreign, the other, the unknown, the uncanny, and the like. This sense of alienation is wildly overdetermined in gnostic theology: man is alienated from himself, from a fully transcendent God, and most powerfully from the material, [End Page 619] sensuous universe in which he lives, created as it was by an evil, malicious demiurge. Such anti-cosmism could license both ascetic retreat from the world as well as an antinomian descent into the worldly abyss, with the intent to defeat it from within. The locution "body-snatcher" now acquires relevance, for gnostic theology made impossible any positive appraisal of the physical body, or of the physical world at all for that matter. As the political philosopher Leo Strauss put it in a letter to Jonas, gnosticism may well have been the most radical rebellion in Western history against the Greek notion of physis.In stylized terms Jonas's philosophical career represents what I would like to call gnosticism's "third overcoming." Such terms signal an allegiance to the work of the German philosopher Hans Blumenberg. But they signal a departure as well. In Legitimität der Neuzeit (Legitimacy of the Modern Age, 1966), Blumenberg undertook what must count among the most ambitious revisions of Western intellectual history ever ventured. Against a rash of attacks on the modern age as an ill-concealed, secularized derivative of an earlier Christian era, he stepped up in its defense. He linked the emergence of the modern age—defined preeminently by man's need for self-assertion, to act in the world—to a "second overcoming" of gnosticism at the end of the Middle Ages. The gnostic spirit he found revived by the nominalism and theological voluntarism of late-medieval scholastic theology, a loose confluence of thought centripetally bound by the black hole of the deus absconditus or hidden god. Whereas gnosticism's first overcoming was Augustine's work and but a partial success, its second, and for Blumenberg "final" overcoming was the work of an ethos of human self-assertion best instantiated by the scientific program of Francis Bacon.To argue for its third overcoming in the late 1920s and '30s is therefore to take leave of Blumenberg's account, if also to extend it. The condition for the possibility of this argument, of course, is that gnosticism had in fact returned. Gnosticism, or at the very least a host of phenomena going by the name and generally understood as such, did indeed return, and with a vengeance—on the occult scene, in philosophy, in theology of all persuasions, even in natural-scientific discourse. This period also witnessed the return of the... (shrink)

_The purpose _of this article is to find out whether philosophical and anthropological studies of human nature affect the legitimization of decisions about human life and death, using the example of a philosophical analysis of the problem of euthanasia. _Theoretical__ basis._ Philosophically and anthropologically based situational analysis in bioethics is chosen as the research methodology, which reveals the legitimation of euthanasia as a complex and highly responsible moral decision, which should be based on both the consideration of all the patient’s (...) special circumstances and the competent and adequate application of fundamental knowledge about the human being. _Originality._ From a philosophical point of view, it would be correct to legalize euthanasia, but under the condition of significantly limiting the cases of its application, clearly defining the conditions for its provision and strict control over its implementation. It is morally unacceptable to justify either murder or torture, so euthanasia appears as an attempt to avoid both at the same time. _Conclusions._ Specific solutions to practical problems often indicate the necessary direction for solving theoretical difficulties. Thus, making proper moral decisions about euthanasia requires reliance on fundamental knowledge about human beings, but at the same time it provides arguments "for" and "against" artificial termination of life. The basic principles of bioethics – autonomy, nonmaleficence, beneficence and respect for the dignity of human life – serve as criteria for making balanced ethical decisions both in theory and in practice. These principles should be complemented by a coherent ethical, legal and philosophical position on euthanasia, which is achieved through legitimation procedures. Decisive for making a decision on euthanasia should be the strong desire of the patient himself. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Extramarital Contraception in the Catholic Faith:A Call to Action from a Physician and EthicistCara BuskmillerIntroductionDefinitionsBefore proceeding to a discussion of extramarital contraception, it is relevant to lay a foundation of definitions and limitations of this essay. Here, "sex" and "sexual act" will refer to acts of penile–vaginal intercourse and acts meant to lead to such intercourse, respectively. Other acts which are rightly called "sexual" are not relevant to this (...) essay, as the focus here is on encounters that could result in fertilization.The traditional natural law theory with its analysis of object, intention, and circumstances is at play in this essay, with a hylomorphic understanding of nature and ethics. In this understanding of ethics, the names of many acts include not only an object but an intention and circumstances (e.g., murder specifies an illegal type of killing with premeditation). Likewise, "contraception" here refers to the use of any drug or device which temporarily lowers fertility (object), to prevent fertilization (intention) due to presumed-fertile sex (circumstance). Such drugs or devices are called "contraceptives" in this essay. In this essay, "contraception" is not committed solely by intending to avoid fertilization, so acts such as trying to avoid fertilization by timing sex during infertile parts of a menstrual cycle are not contraception, and the pastoral term "contraceptive mindset" does not apply. "Contraception" is also not solely defined by the use of particular medical products, since the intention to avoid fertilization is part of the definition in this essay. Thus, [End Page 1245] prescribing or taking a birth control pill for polycystic ovarian syndrome, in the words of Pope St. Paul VI in his 1968 landmark encyclical Humanae Vitae (HV), is not at all illicit, here because such treatment is not contraception, and the problems of contraception do not apply (§15)."Marriage" in this essay refers principally to sacramental matrimony, made by the consent of a baptized man and a baptized woman.1 Civil marriage, cohabitation, long-term affairs, sex in dating, short-term hookups, prostitution, and sexual assault represent a spectrum of falling away from matrimony. This essay assumes that matrimony is God's one true plan for sex, fertilization, and childrearing. This essay also makes heavy use of the Scholastic-personalist perspective of HV on the unitive and procreative dimensions of sex. As sexual relationships "fall away" from matrimony, they lose resemblance to these dimensions."Consent" is here defined as a free act in which a person agrees to do, accept, or reject something.2 Consent is an act of the will, and it may be partial or total. Only when consent is total is a person held fully responsible for his or her actions; for example, only when consent is total can a person commit a mortal sin. Consent is different from assent, which is not of the will, but of the mind.3 In this paper, sex without consent is termed "sexual assault"—the status of the act as an assault is solely determined by consent. These definitions allow for a sexual assault in which a victim withholds consent and yet does not resist an attack,4 which is different from past legal and colloquial definitions.5 This definition also allows for assault victims that have positive emotional responses to or physical arousal from an attack. These responses from a victim do not make the assault consensual or desired, [End Page 1246] and in fact make post-traumatic recovery more difficult.6 Simply put, consent is of the will, and this is not diminished by whether the body follows suit; this differs from some legal definitions of consent in canon law, where the will of the person agreeing to a contract is signified by externals, even if there was no intention to fulfill the duties of the contract.7 Consent will be central to this essay, since it helps make the spectrum of relationships that "fall away" from marriage intelligible in two sets: one with consent, and one without."Intellectual disability" in medical and ethical literature refers to a large spectrum of differences in mental and behavioral performance, but this essay is only considering intellectually disabled persons who would be unable to... (shrink)

According to its author, Engineered Death is not a book about the morality of homicide but about intellectual self-consistency—in particular about the self-consistency of the “liberal” view of homicide. The “liberal” view is defined by Woods as the view that murder is morally wrong because, and only because, it is a violation of rights. He tells us that he is concerned to defend neither liberalism in general nor its notion of individual rights in particular, but only to work out (...) the implications of these assumptions for the problems of abortion, suicide, euthanasia, and senecide. It is only in this sense that Woods' disclaimer about the non-ethical nature of his book can be taken seriously. In every other respect it is a treatise on ethics. It puts forward and defends moral theses that are independent of, and in some cases even contrary to, traditional ethical liberalism. (shrink)

Writers of fiction have always confronted topics of crime and punishment. This age-old fascination with crime on the part of both authors and readers is not surprising, given that criminal justice touches on so many political and psychological themes essential to literature, and comes equippedwith a trial process that contains its own dramatic structure. This volume explores this profound and enduring literary engagement with crime, investigation, and criminal justice. The collected essays explore three themes that connect the world of law (...) with that of fiction. First, defining and punishing crime is one of the fundamental purposes of government,along with the protection of victims by the prevention of crime. And yet criminal punishment remains one of the most abused and terrifying forms of political power. Second, crime is intensely psychological and therefore an important subject by which a writer can develop and explore character. Athird connection between criminal justice and fiction involves the inherently dramatic nature of the legal system itself, particularly the trial. Moreover, the ongoing public conversation about crime and punishment suggests that the time is ripe for collaboration between law and literature in thistroubled domain.The essays in this collection span a wide array of genres, including tragic drama, science fiction, lyric poetry, autobiography, and mystery novels. The works discussed include works as old as fifth-century BCE Greek tragedy and as recent as contemporary novels, memoirs, and mystery novels. Thecumulative result is arresting: there are "killer wives" and crimes against trees; a government bureaucrat who sends political adversaries to their death for treason before falling to the same fate himself; a convicted murderer who doesn't die when hanged; a psychopathogical collector whose quitesane kidnapping victim nevertheless also collects; Justice Thomas' reading and misreading of Bigger Thomas; a man who forgives his son's murderer and one who cannot forgive his wife's non-existent adultery; fictional detectives who draw on historical analysis to solve murders. These essays begin aconversation, and they illustrate the great depth and power of crime in literature. (shrink)

One reason Aristotle is distinguished as a philosopher is that he thought the philosopher investigated the causes of things. This paper raises the question: What are the causes of racial prejudice and racial discrimination. All ethical beings know that racial prejudice and racial discrimination are morally wrong, deplorable and should be completely eradicated. Deanna Jacobsen Koepke refers to Holt’s definitions in distinguishing racism from prejudice: “Racism is defined as hostility toward a group of people based on alleged inferiorities. Racism is (...) a system of power and privilege that is at the foundation of society’s structures rather than prejudice, which is a hostile attitude toward a person based on trait he or she is assumed to have due to group membership.” This concept squarely places racism as the culprit to be extinguished. In this article, it is to be argued that to define racism as the target is only to observe the manifest phenomenon. The argument of the article is that racial prejudice and discrimination rest upon four pillars: political, economic, social and cultural. For simplicity of explanation, the social and cultural pillars shall be considered under the category of the political pillar, although the distinction between these pillars shall be noted. This article argues that these four pillars themselves, rest upon a foundation. The foundation is the deep psychological fear of the current, existing dominant economic group that the current existing dominated minority group will eventually usurp the power of the dominant economic group. The manifest form that this type of fear assumes is racial prejudice and discrimination. In its most extreme forms it then manifests as hate speech, hate action, hate brutality and hate murder. These manifestations provide the fuel that maintains the power imbalance and provides a camouflage for the four pillars that lie beneath the racist exterior. In this article, the political and economic pillars that underlie color racism will be examined first. The underlying deep psychological foundation shall be treated separately. In the end, the argument of this article is that color racism cannot be fully extinguished until its role as providing a mask for the underlying four pillars that consistently support inequality between different groups or classes are uprooted and the deep psychological fear that underlies them is eliminated. The masked function of color racism is its enormous power in perpetuating inequality; hence, the title of this paper, Unmasking Color Racism. (shrink)

In French schools, La Fontaine is presented as “the height of French culture,” but he was only marginally inspired by French poets. His main sources were Spanish and Italian authors, as well as classics of both the Occident and Orient. In this way La Fontaine exemplifies, for Serres, a general pattern in which “cultures grow at the crossroads of other cultures.” One's identity develops out of numerous contacts with others, by learning from them and assimilating some of their qualities—by being (...) open to, not isolated from, the rest of the world. The non-French genealogy of the fables puts in doubt the entrenched concept of identity as involving separation and isolation.Their genealogy also sets a limit on political and moralistic interpretations of La Fontaine's stories. At school, pupils are taught that the Lion stands for the King, the Fox for the Nobles, the Lamb for the Poor. But is it possible, Serres asks, that so many poets from diverse times and places have been describing “the same society with the same hierarchies submitted to the same laws”? As for moralistic readings, Serres shows that for each fable there is a counterfable in which the winner becomes the loser. The Wolf that eats the Lamb in one fable is killed by the Hunter in another. In “The Two Mules,” the animal loading the salt is murdered by bandits, whereas in “The Ass with a Load of Sponges and the Ass with a Load of Salt,” it is the latter that survives. In other words, the fables illustrate how beings metamorphose into one another: the Wolf (the attacker) can appreciate and play the role of the Lamb (the victim) when chased by the Hunter; salt can lead to death or to freedom, depending on the circumstances. The fables, taken together, offer a collection of behaviors that we, humans and animals, are capable of: our “so-called moralities,” Serres explains, “don't speak about ethics, but about ethology.”The fables offer as well a “palimpsest [that] lies silently in our bodies and our practices.” Serres speculates that the oldest forms of the fables were not spoken, but gesticulated; they mimed animal behaviors. By imitating them, we humans not only learned about the animals we were observing and living with but also about the potentialities of our own bodies. If La Fontaine became the epitome of French culture by assimilating elements of other cultures, then it was by embodying animal behaviors that we became human. (The omnipresence of prepositions in the fables—next to, in front of, under, above—suggests that the body underpins the stories. Those little words, which Serres analyzes minutely in a long chapter, locate each body in relation to those of other beings.)Serres was planning to write a book about La Fontaine as early as 1997. In his notebooks, he scribbled possible titles, all of which are evocative: “Archaeology of Miming,” “Anthropology of Simulation,” “The Fabulous Bodies of Animals,” “The Scale and the Net.” Sadly, he died in 2019 when his work on the manuscript was progressing. He had not yet settled on a definitive title, nor had he decided the order of the chapters and sections. Jean-Charles Darmon, who was allowed to edit the work, faced chapters that were almost completed but others consisting of a single line suggesting a main idea. (The blanks are often about a type of fable never defined or described: “fables of representation.”) In spite of its incompleteness, this book intermingles systematic analysis, textual and historical contextualization, and philosophical speculation—in it, we find the conceptual inventiveness, the lexical and etymological alertness, and above all the joyfulness that characterize the whole of Serres's extraordinary oeuvre. (shrink)

In the past two decades, African American filmmakers like Spike Lee have made significant contributions to the dialogue about race in the United States by adapting techniques from classic _film noir _to black American cinema. This book is the first to examine these artistic innovations in detail from a philosophical perspective informed by both cognitive film theory and critical race theory. Dan Flory explores the techniques and themes that are used in black _film noir _to orchestrate the audience’s emotions of (...) sympathy and empathy felt toward morally complex characters whom people might not typically find appealing in real life, such as thugs, drug dealers, or murderers. Using an approach that combines the cognitive insights of theorists like David Bordwell, Noël Carroll, and Murray Smith with the reflective Wittgensteinian methods for considering film employed by Stanley Cavell, Stephen Mulhall, and William Rothman, Flory shows how these films scrutinize the state of race in America, induce their viewers to do so as well, and illuminate the ways in which categories of race have defined and continue to direct much of our vision of the moral self and what counts as appropriate moral sensibility. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Leibniz’s Political and Moral Philosophy in the Novissima Sinica, 1699–1999Patrick RileyThe Preface to Leibniz’s Novissima Sinica 1 contains an important but highly compressed and abbreviated quintessence of his theory of justice or jurisprudence universelle—a version so compressed and abbreviated that one must have a broader and fuller understanding of this universal jurisprudence before one can entirely appreciate what Leibniz has to say about Christian charity, Platonism, and geometry in (...) the Novissima Sinica itself. Above all, one wants to know why Leibniz, in the key paragraph of the Preface to Novissima Sinica, should describe the Chinese emperor as just and charitable and as a (more or less) “Platonic” geometer who is as wise as he is charitable. And why should Leibniz contrast this “wisely charitable” Chinese ruler with the Pontius Pilate who irresponsibly asked, “What is truth?” and then permitted the judicial murder of the very Christ who did most to make charity and justice coextensive by saying, “A new law I give unto you, that ye love one another”? 2 The wise course, therefore, is to throw enough light on Leibnizian universal jurisprudence in general to make his moral-political utterances in Novissima Sinica intelligible in particular.In 1693, four years before the publication of Novissima Sinica, Leibniz revealed the outlines of his jurisprudence universelle in the Codex Iuris Gentium:a good man is one who loves everybody, so far as reason permits. Justice, then, which is the virtue which regulates that affection which [End Page 217] the Greeks call philanthropy, will be most conveniently defined... as the charity of the wise man, that is, charity which follows the dictates of wisdom... Charity is a universal benevolence, and benevolence the habit of loving or of willing the good. Love then signifies rejoicing in the happiness of another..., the happiness of those whose happiness pleases us turns into our own happiness, since things which please us are desired for their own sakes. 3Slightly later, in La véritable piété, Leibniz indicated what this view of justice entails:those who... reduce justice to [mere] rigor, and who fail altogether to understand that one cannot be just without being benevolent... in a word, not only those who look for their profit, pleasure, and glory in the misery of others, but also those who are not at all anxious to procure the common good and to lift out of misery those who are in their care, and generally those who show themselves to be without enlightenment and without charity, boast in vain of piety which they do not know at all, whatever appearance they create. 4The central idea of Leibniz’s “universal jurisprudence,” which aims to find quasi-geometrical, eternal moral verities equally valid for all rational beings, human or divine, is that justice is “the charity of the wise” (caritas sapientis), 5 that it is not mere conformity to sovereign-ordained “positive” law given ex plenitudo potestatis (in the manner of Hobbes); nor is it mere “refraining from harm” or even “rendering what is due” (the neminem laedere and suum cuique tribuere of Roman law). 6 The equal stress on “charity” and on “wisdom” suggests that Leibniz’s practical thought is a kind of fusing of Platonism—in which the wise know the eternal truths such as absolute goodness (Phaedo 75d), which the gods themselves also know and love (Euthyphro 93-10e) and which therefore deserve to rule (Republic 443d-e) 7 —and of Pauline Christianity, whose key moral idea is that charity or love is the first of the virtues (“though I speak [End Page 218] with the tongues of men and of angels, and have not charity, I am become as sounding brass or a tinkling cymbal”). 8 Historically, there is nothing remarkable in trying to fuse Platonism and Christianity. Augustine’s thought (particularly the early De Libero Arbitrio) is just such a fusion. 9 But Leibniz was the last of the great Christian Platonists, and left the world just as Hume, Rousseau, and Kant were about to transform and “secularize” it.I. If one decomposes caritas sapientis into its parts, charity and wisdom, the provenance of both elements is clear enough... (shrink)

A June 2020 survey found one in four Americans agreeing that “powerful people intentionally planned the coronavirus outbreak.” In fall 2020, seven percent said they believe the elaborate and grotesque mythology of QAnon; another eleven percent were unsure whether they believe it. November and December 2020 found tens of millions of Americans believing in election-theft plots that would require superhuman levels of coordination and secrecy among dozens, perhaps hundreds, of otherwise-unconnected and unidentified miscreants. Conspiracy theories are nothing new, and they (...) raise a question that preoccupied Hannah Arendt in The Origins of Totalitarianism: whatever happened to common sense? Arendt analyzed both conspiracy theories and totalitarian ideologies; in both, she argued, common sense was replaced by “supersense” – her name for all-encompassing Theories of Everything that trace surface political events back to hidden causes. Refuting fake facts doesn’t help, she warned, because “if everyone always lies to you, the consequence is not that you believe the lies, but that no one believes anything at all anymore.” The result, she warns, is a dangerous mix of gullibility and cynicism. My aim in this paper is threefold: to explain Arendt’s arguments, to explore their contemporary relevance, and to examine their consequences through the lens of virtue epistemology. In a section on “the epistemology of bullshit” I use virtue epistemologists’ concepts of epistemic malevolence and epistemic insouciance to examine the production, distribution, and consumption of bullshit, and to define a vice I call culpable credulousness. The final sections discuss the collapse of moral common sense that led multitudes to believe that mass murder can be justified. Arendt sometimes wrote as though morality had mysteriously turned upside-down, replacing “Thou shalt not kill” with “Thou shalt kill.” I argue that this need not be so: the moral principle of justifiable self-defense, applied to fake facts about existential threats, can explain the behavior. Even so, Arendt powerfully analyzes the ways that rules of moral common sense fail in a society where factual common sense has lost its validity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:From First Hesitation to Scenic ImaginationOriginary Thinking with Eric GansAndrew Bartlett (bio)Taken together, the publication of Eric Gans’s The Scenic Imagination: Originary Thinking from Hobbes to the Present Day (2008), the recent release of Adam Katz’s anthology The Originary Hypothesis: A Minimal Proposal for Humanistic Inquiry (2007),1 and the organization of three international gatherings devoted to generative anthropology2 suggest a recent infusion of vital energy into the forward movement (...) of generative anthropology. The goal of this review essay is to add a little to that infusion. The essay surveys the six major books of Eric Gans in which the originary hypothesis is defined, developed, tested, and taken onto various intellectual terrains. It has been composed with the readers of Contagion in mind. Insofar as it has a definable stance, that stance emphasises elements of generative anthropology that might encourage scholars and students familiar with the ideas of René Girard but more or less unfamiliar with the thinking of Eric Gans to begin studying Gans free of inhibitions about discontinuities between his way of thinking and that of Girard. This essay’s mode is one of affirmative exposition rather than critical suspicion. Its multiple suggestions are advanced in the conviction that neglecting one thinker for the sake of the other does an injustice to both. [End Page 89]IThe person ready to study the book where generative anthropology began—The Origin of Language: A Formal Theory of Representation (1981)—should be set for an extraordinary experience. It stands as the most austere, abstract, and taxing of Gans’s books; but by virtue of those very qualities, the most rewarding and the best basis for understanding subsequent elaborations of the hypothesis. The Origin of Language may feel odd to readers who come to it working “backward” from later volumes or articles. In it, key terms in the later works, such as “resentment,” “mimetic,” “scenic,” even the adjective “originary,” do not figure prominently. In expositions where Gans explains the differences between René Girard’s institutional theory of representation (which proposes that language evolved somehow as a side effect of ritual) and Gans’s formal theory of representation, there is an odd thickness of cautious deference, a propriety verging on a reluctance to disagree. In Girard’s thought, the maximal form of human culture, the institution of ritual as it evolved from episodes of collective murder, is foundational; by contrast, in Gans, the minimal form of human culture, linguistic exchange as it has evolved in a dialectic of desire and representation, is foundational. Nor for Gans are the earliest “victims” of collective violence human ones; Gans’s hypothesis puts an object initially of appetite (most easily figured as food), transfigured by the sign into a desire-object, into the center of the scene of representation. The humans in generative anthropology are less murderous and more hungry than those in mimetic theory; the economic-consumerist element of human beings enjoys a privilege in Gans’s system that it does not have in the system of Girard, with its more orthodox otherworldliness.Generative anthropology is about human language. It takes linguistic exchange, the deferral of violence through representation, as the essence of the human. The title The Origin of Language reflects this. Gans’s hypothesis is that human language began with a communally mediated abortive gesture of appropriation toward a central object of appetite in a scenic event; that abortive gesture of appropriation is the gesture of originary thinking. Originary thinking now, even as I am doing it here, does what it did then at the beginning of human thought: it reflects on its own origin. The emission of the first human sign, that first abortive gesture of appropriation, is the object of the hypothesis. The mimetic paradox of rivalry and imitation familiar to students of Girard precedes the emission of the first ostensive gesture-sign, generating the double-bind circumstances that make possible its being chosen. For Gans, the collective violence familiar to students of Girard follows the emission of the first ostensive [End Page 90] sign; indeed, violence is intensified by the abortive gesture of appropriation—because what was an object merely of appetite before the... (shrink)

In June 2016, Qandeel Baloch, a 26-year-old Pakistani social media star, was murdered. Her death sparked both public outrage and a policy debate around ‘honour killing’, digital rights and sex-positive sexuality across Pakistan and its diasporas. Qandeel challenged what constitutes a proper Pakistani woman, an authentic Baloch and a respectable digital citizen. As a national sex symbol, she failed at the gendered workings of respectable heterosexuality, and during her short lifetime she optimised this failure and public fetish as a technologically (...) mediated social currency (clicks, hashtags, comments, likes, reposts) to build a transnational celebrity brand. I centre Qandeel Baloch’s life and afterlives to think through the economic entanglements of honour, racialised ethnicity, coloniality, sexual violence and social media at the intersections of globalised anti-Blackness and honourable brownness as a matter of global capital. Within these complex registers of coloniality, Qandeel’s life and brutal murder necessitate a rethinking of categories of racialised ethnicity (Baloch), sexual labour (racial capital) and social media (digitality) as vectors of value for capitalism and nationalism. By centring Qandeel, I define honour as a form of racialised property relations. This rereading of honour, as an economic metric of heteropatriarchy, shifts my lens of honour killing from a crime of culture to a crime of property. Women’s honour functions as a necrocapitalist technology that constructs female and feminine bodies as the debris of heterosexual empire through racialised, gendered and sexualised property relations. These relations and registers of honour get further complicated by social media currency and discussions around digital rights, privacy and freedom of expression. Honour is, therefore, the economic management of sexual morality produced through race, religion and imperialism. (shrink)

It is often said that human rights are the rights that people possess simply in virtue of being human – that is, in virtue of their intrinsic, dignity-defining common humanity. Yet, on closer inspection the human rights landscape doesn’t look so even. Once we bring perpetrators of human rights abuse and their victims into the picture, attributions of humanity to persons become unstable. In this essay, I trace the ways in which rights discourse ascribes variable humanity to certain categories (...) of people. I set the stage for my discussion of the human in relation to human rights by examining John Locke’s account of the justification for punishment. For Locke, in committing a crime one abrogates one’s humanity and forfeits one’s rights. Likewise, I argue, human rights discourse takes a scalar view of humanity. I consider victims of genocide who are dehumanized as helpless and passive, victims of state persecution who are super-humanized as righteously agentic, and perpetrators of genocide who are dehumanized as out-of-control beasts. In each case I use relevant testimony to argue that the scalar view of humanity is factually incorrect and morally deplorable. For genocide victims, I discuss testimony that Selma Leydesdorff gathered from women who survived the Srebrenica massacre. For a victim of persecution, I discuss Liao Yiwu’s memoire of his detention and imprisonment in China because of his artwork protesting the Tiananmen Square massacre. For perpetrators of genocide, I discuss testimony Jean Hatzfeld gathered from Hutu men who systematically murdered Tutsis in the Rwandan genocide. Finally, I apply my critique of dehumanized and super-humanized victims and dehumanized perpetrators to the problem of transnational trafficking in persons and argue that the view I advocate necessitates reforming immigration policy with respect to persons trafficked into forced labor. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:MARCHING AND RISING: THE RITUALS OF SMALL DIFFERENCES AND GREAT VIOLENCE Byron Bland Center ofInternational Strategic Arms Control What is really needed is the decommissioning of mind-sets in Northern Ireland. (Report of the International Body on Arms Decommissioning: The Mitchell Report, January 24, 1996) The 1996 Orange Marching season brought a major setback to peace process in Northern Ireland. On the Garvaghy Road in the Drumcree community of Portadown, (...) Protestants and Catholics displayed the mutual intolerance and intransigence for which they are notorious. Within each camp, a contagion of ill-will took hold, metamorphosing ancient malice into modern hatred. A volatile fog, toxic with recriminations and threats, descended upon the countryside. The battlelines drawn at Drumcree energized other historical points ofconfrontation across the province. Just as the plucked string of a musical instrument sets the all the others vibrating harmoniously, so the cord struck in Portadown sounded the key to a counterpoint that seemed almost primordial. As the tragic notes of the final measures faded, a numbing silence enveloped a society once again stunned by the violence unleashed within its soul. It was as if the North of Ireland looked at the prospect of peace and announced that it was not going to take it lying down. A strangely 102Byron Bland irrational logic seemed to drive events. Viewed from afar, it never should have happened. Neither Protestants nor Catholics stood to gain anything of tangible value. Only in retrospect—from the finale once the standoff had energized every potential division backwards—do substantive political issues emerge. However, this collapsing of events obscures the interactive process from which this mishap arose and leaves the central and confounding mystery unsolved: how did a dispute about nothing so quickly become a conflict about everything? The answer to this enigma lies in the mimetic theory of René Girard. Sinn Fèin Party Chairman Mitchel McLaughlin parsed correctly, but not insightfully, the social dynamics of this explosive situation. Shortly before the July marching season, he affirmed the right of Protestants to march. Nevertheless, he maintained, Catholics would tolerate no triumphalism. The problem is, of course, that Protestants don't march in the abstract. They march down specific streets, passing through particular communities, toward specified locations. Their Lambeg drums boom out a terrifying cadence. Their Bowler hats, black-thorn canes, and orange sashes shout a silent message for all to hear. Without triumphalism, an Orange march is simply a pointless stroll. It is nothing—a non-event, a momentous occasion that did not happen. Orange triumphalism needs serious nationalist resistance to be more than ludicrous display ofparanoid-driven pomposity. Orange "marching" must provoke a Catholic "rising." It has to find a contumacious partner before the mimetic choreography of "not any inch" can proceed. Only then can the thundering beat of the Lambeg drum transform the contestants into violent doubles, each captivated by a spellbinding obsession with the other. From the pounding rhythms spring forth entranced rivals who are much more than mere competitors. Caught in a tragedy replayed thousands of times, Catholics and Protestants stare across the bloody boundary of small differences that separates them. Their opposition defines the mirrored sameness of their common Irishness as utterly alien. With melodramatic anticipation, both await the moment when violence seals off the expelled other and circumscribes the sacred realm of our metaphysical identity. Fully enshrined, the Protestants and Catholics of Ulster feel the fullness of their humanity. They are now complete, but sadly they are no longer whole. MarchingandRising103 History is a weapon, a poker you keep in your pocket to beat the present senseless and so reorder its alignment to the past andjustify present murder. (Kevin Toolis, Rebel Hearts) Marching and drumming make an Orange parade. The practice first entered Ireland with the arrival of "King Billy"—William of Orange in 1690. His troops—the vanguard of Protestantism—marched to the cadence ofkettle drums strapped to the backs ofhorses. When they routed the Catholic army of James II at the Battle of the Boyne, marching and drumming entered the lexicon of Protestant dominance. When the Orangemen hit the streets, they take on the identity of King Billy's Protestant troops. They triumph over the Catholics in... (shrink)

In the past two decades, African American filmmakers like Spike Lee have made significant contributions to the dialogue about race in the United States by adapting techniques from classic _film noir _to black American cinema. This book is the first to examine these artistic innovations in detail from a philosophical perspective informed by both cognitive film theory and critical race theory. Dan Flory explores the techniques and themes that are used in black _film noir _to orchestrate the audience’s emotions of (...) sympathy and empathy felt toward morally complex characters whom people might not typically find appealing in real life, such as thugs, drug dealers, or murderers. Using an approach that combines the cognitive insights of theorists like David Bordwell, Noël Carroll, and Murray Smith with the reflective Wittgensteinian methods for considering film employed by Stanley Cavell, Stephen Mulhall, and William Rothman, Flory shows how these films scrutinize the state of race in America, induce their viewers to do so as well, and illuminate the ways in which categories of race have defined and continue to direct much of our vision of the moral self and what counts as appropriate moral sensibility. (shrink)

In 1972 Angela Davis stood trial on charges of conspiracy, kidnapping, and murder before a White jury. A professor of philosophy, a Communist, and a member of the Black Panther Party, she had no reason to believe that any of the jurors were her peers. Yet, after three days of deliberation, they returned a Not Guilty verdict on each of the counts. Through an analysis of the case, this essay argues for a new approach to peerhood that defines it (...) as a combination of demographic similarities to the defendant and a worldview orientation of contestation and anticorruption that emerges from the jury’s function in the trial. Greater clarity on how these factors are important for peerhood provides insights into how jurors can best fulfill their role and what remedies are necessary to achieve a jury of one’s peers. (shrink)

A fascinating history that reveals the ways in which the pursuit of rationality often leads to an explosion of irrationality It’s a story we can’t stop telling ourselves. Once, humans were benighted by superstition and irrationality, but then the Greeks invented reason. Later, the Enlightenment enshrined rationality as the supreme value. Discovering that reason is the defining feature of our species, we named ourselves the “rational animal.” But is this flattering story itself rational? In this sweeping account of irrationality (...) from antiquity to today—from the fifth-century BC murder of Hippasus for revealing the existence of irrational numbers to the rise of Twitter mobs and the election of Donald Trump—Justin Smith says the evidence suggests the opposite. From sex and music to religion and war, irrationality makes up the greater part of human life and history. Rich and ambitious, Irrationality ranges across philosophy, politics, and current events. Challenging conventional thinking about logic, natural reason, dreams, art and science, pseudoscience, the Enlightenment, the internet, jokes and lies, and death, the book shows how history reveals that any triumph of reason is temporary and reversible, and that rational schemes, notably including many from Silicon Valley, often result in their polar opposite. The problem is that the rational gives birth to the irrational and vice versa in an endless cycle, and any effort to permanently set things in order sooner or later ends in an explosion of unreason. Because of this, it is irrational to try to eliminate irrationality. For better or worse, it is an ineradicable feature of life. Illuminating unreason at a moment when the world appears to have gone mad again, Irrationality is fascinating, provocative, and timely. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:WHAT VOEGELIN MISSED IN THE GOSPEL John J. Ranieri Seton Hall University Violence and order are the themes that structure Voegelin's work. From the early writings composed in response to the emergence of National Socialism to the closing years ofhis life in which he confessed to a "perhaps misplaced sensitivity towards murder"1 as the primary catalyst for his philosophical pursuits, Voegelin is preoccupied with the relationship between the (...) good of order and the violence that can both undermine and preserve that order. His theory of consciousness, his philosophy of history, and his "new science ofpolitics" form a complementary whole when understood as expressions of his lifelong concern to find ways to guard against social and political chaos. This preoccupation with order makes Voegelin especially wary of any social, political, or religious movements which, in his view, contribute to the dissolution ofsocial stability. It is in this context that his uneasy relationship with the Bible must be understood. While acknowledging the importance of the Jewish and Christian scriptures in the historical unfolding of the differentiation ofthe divine Beyond, Voegelin also maintains that many of the forces of disorder in modern society have been generated within their orbit.2 The dazzling intensity ofthe encounter with the biblical God can lead to dissatisfaction with life in this world, resulting in reactions of either withdrawal from the surrounding culture or the more immediately de- '"Autobiographical Statement at Age 82" in 77¡e Beginning and the Beyond: Papersfrom the Gadamer and Voegelin Conferences (117). 2See Order and History, vol. 1, Israel and Revelation (xii-xiv); Order and History, vol. 4, The Ecumenic Age (20, 27); "The Gospel and Culture," in The Collected Works ofEric Voegelin,vo\. 12, Published Essays, 1966-1985(200-210). 126John J. Ranieri structive alternative of trying, by whatever means necessary, to bring a recalcitrant society into conformity with the divine perfection. As revelation of the "God beyond the gods" the Old and New Testaments are unsurpassable expressions ofthe transcendent source of order. At the same time, they are the seedbeds in which social upheaval easily germinates. As generators of both order and disorder, few biblical books have been as influential as the four gospels. It is Voegelin's treatment ofthese texts that will be my concern here. The ambiguity ofVoegelin's relationship to the gospels is reflected in the twofold meaning ofthe word "missed" in the title ofthis essay. In the first place, the word can be understood as referring to Voegelin's critique ofthe gospels; to speak ofwhat Voegelin "missed" in this sense is to focus on that which he finds lacking in them (yet wishes were there). My primary interest, however, is on the meaning ofthe word as indicating that which Voegelin fails to understand about the gospels. The two meanings are related; for it is in Voegelin's criticism of the gospels that we can detect the manner in which he misunderstands them. In order to make this clear, it is necessary to say something about his evaluation and critique; only then will it be possible to raise relevant questions about his approach. After summarizing Voegelin's perspective on the gospels, I introduce the thought of René Girard as possible counterpoint. This is followed by a comparison of Voegelin and Girard with regard to their understanding ofthe gospel texts. A concluding section offers reflections on Voegelin's evaluation ofthe gospels. I realize that there is little to be gained from finding fault with a thinker for not doing what it was never his intention to do in the first place. At times, some of Voegelin's Christian critics succumb to this tendency when they berate him for what they consider to be his failure to satisfy the litmus test of Christian orthodoxy.3 Apart from the difficulty of defining Christian orthodoxy, these kinds of charges overlook the fact that Voegelin does not consider himself to be a Christian theologian, and that his "concern with 3 Of course, the question as to whether Voegelin's philosophy is adequate as a foundation for Christian theology may be an important one for the theologian to consider. But Voegelin does not see himself as providing such a foundation. For critics... (shrink)

The paper covers the origins, development, perspectives and solutions of the civilizational catastrophe of humanity. Humanity is defined as the restricted number of ideal, material, and temporal qualities of human beings. Its civilizational catastrophe is the contingent evolution of the specific element of human consciousness implementing rationality and technique, knowing no limits and no purposes, progressing outside ideal, material, and temporal boundaries of humanity, overcoming on its way limitations of human savagery and transcendental elements. Due to the particular quality of (...) civilizational development, the law of humanity catastrophe could be stated, as the stage of civilization is inversely proportional to the level of humanity in human beings. Civilization catastrophe couldfinalize into other-being or non-being of humanity. Its evolution canalizes into different fields of activity, which are named categories of humanity civilization catastrophe, because each of them leads towards cardinal qualitative changes of humanity or its annihilation. The basic categories are elimination – civilized ability of humans to kill one another, speedization – permanent acceleration of the overhuman speed of civilizational processes; babylonization – the cobeingof different collective qualitative realizations; supermanization – scientific production of over-human being; transsexualization – the negation of sexual immobility of humanity; ballastization – the overproduction of information; ritualizatin – the murder of simple love activity in Jesus manner into ecclesiastic discourse. The onlysalvation of humanity is the total negation of civilization and selftransformation of humankind on the basis of its transcendental element which is love knowing no exceptions. (shrink)

Torture does need to be defined if we are to know exactly what we are seeking to ban; but no single definition will do, because there are many possible ones, and we may want to treat different practices that might be called torture differently. Compare the case of homicide; we do not want to punish manslaughter as severely as murder, and may not want to punish killing in self-defence at all. There are degrees of torture as of murder. (...) Unclarities simply play into the hands of would-be torturers. Downie is unsuccessful in deriving the duty of doctors not to be involved in torture from an analysis of the word `doctor'. It may be contrary to the role-duty of doctors to participate in torture; but there might be other duties which overrode this role-duty. The right approach is to ask what principles for the conduct of doctors have the highest acceptance-utility, or, as Kant might have equivalently put it, what the impartial furtherance of everyone's ends demands. This approach yields the result that torture (suitably defined) should be banned absolutely. It also yields prescriptions for the conduct of doctors where, in spite of them, torture is taking place. (shrink)

Dans la Chanson de Roland, le rire du héros résonne étrangement aux oreilles du lecteur. Le présent article a pour objet d’en définir la nature et la portée véritables. Pour ce faire, il convient de renoncer aux interprétations psychologiques et de privilégier une approche anthropologique. C’est par le respect de la mouvance de l’œuvre qu’il est possible de construire une interprétation rigoureuse de ce rire : il s’agit d’une manifestation du furor guerrier. Mais ce rire n’est pas un simple motif (...) littéraire ; il s’inscrit en effet dans l’idéologie indo-européenne de la fonction guerrière et, sur ce point, la chanson de geste offre un exemple remarquable de rencontre entre cultures païenne et chrétienne. Si le rire de Roland exprime la méfiance devant la frénésie meurtrière que porte en lui tout guerrier, il traduit également la possession diabolique, dans une perspective chrétienne de condamnation du rire. In the mind of the reader of Chanson de Roland, the hero’s laughter sounds weird. The purpose of this essay is to define its nature and meanings. In this perspective, it is advisable to break up with the psychological interpretations and to prefer an anthropological approach. The respect of the textual mouvance makes a rigorous commentary possible and permits to define this laughter as an outward sign of warlike furor, yet it is not a mere literary motif but is part of Indo-European ideology of warrior. In this respect the poem gives a notable example of confluence of pagan and Christian cultures. Roland’s laughter both expresses the mistrust of murderous frenzy which potentially exists in every warrior and manifests demoniacal possession, due to Christian condemnation of laughter. (shrink)

In Totality and Infinity, Levinas says that the primordial expression of alterity is “though shall not commit murder”. The other expresses an infinity “stronger than murder”. In this paper I propose a reading of this passage elaborated against the backdrop of “The Temptation of Temptation” in his Talmudic Readings. I will argue, that as the law in the Talmudic elucidation of Exodus 24:7, this demand is pre-conceptual and because of this putative primordiality one is forced to “do before (...) hearing”. -/- I will also argue that, as the other’s “first word”, the demand not to murder operates in a fashion similar to natural law, which does not prescribe but rather defines the limits of the possibilities for the totalizing power of the Same. On this account, this primordial demand is constitutive of the Same and, as such, of its ontological aspirations. Finally, I will claim that as the law in the Talmudic reading, the demand does not rely on free-will but is the very condition of its possibility. (shrink)

A long-standing common-law policy holds that anyone may lawfully use force to repel or arrest a criminal threatening property, and a fortiori that force may be used to defend one’s own property. But there are limits to these powers. In cases where some amount of violence is justified but excessive force is used, some common-law jurisdictions will deny any defence to murder. Killing through excessive force is neither justified nor excused. Other jurisdictions will allow a partial defence, excusing from (...) the fullest penalty and reducing the offence to manslaughter or unlawful homicide, on the ground that the actor should be punished for a grievous miscalculation. By analyzing the relationships between persons and property and investigating the historical development of self-help doctrines, the principles defining excessive force here may be reduced to four. First, property cannot easily be conceived as a value worth protecting by force where there is no accompanying threat to the person. Second, the law may nonetheless see a presumptive identity between an owner’s person and his property which is external to his person, so that violent defence of property becomes justified even without a threat to bodily or personal safety. Third, intentionality and purpose play an important role in attributing legal blame for excessive force in protecting property, and the test of allowable quantum of force is not objective. Finally, the legal and ethical issues are transformed when we move from individual to collective property. Judgments concerning state and international legality regarding excessive force may derive only limited guidance from the contours of criminal law and private law. Yet, much of international conflict today is carried out by private actors who do not wear uniforms or wrap themselves in the shield of state immunity, and the domestic legal dimension thus begins to have purchase on issues of excessive force in war and communal conflict. (shrink)

In recent years there has been an increasing interest in museum studies in exhibitions on what is termed Difficult Matters —such as rape and mass murder—and how such exhibitions may evoke ethical change. This raises the question about the conditions on which such exhibitions can lead to an ethical change. By developing a conceptual framework this article contributes to museum studies on Difficult Matters demonstrating how vulnerability can work as a key concept in a relational pedagogical understanding of the (...) conditions for ethical change. Inspired by feminist ethics the article suggests that there is an “ambivalent potentiality” of the concept of vulnerability and forwards a double perspective on vulnerability as condition: vulnerability is inherent to the human condition and always situational. From this point of departure vulnerability is fleshed out as a key concept in museum pedagogy via pedagogical thinkers inspired by the philosopher Emmanuel Lévinas’ ethics. Concepts like heteronomy, incarnation, Face and Saying/Said are introduced to define vulnerability and the relation between exhibition and visitor is defined as a teaching–learning relation conditioned by vulnerability. Vulnerability is defined as openness to an encounter with the Other as being different, which is conditional of an ethical transformation of existing perceptions of self, others and the world. Finally, inspired by feminist philosophy a norm critical is introduced. It is argued that displaying Difficult Matters in order to evoke an ethical transformation museum professionals need consider critically the norms of vulnerability at play in particular situations. On this basis, the concept of vulnerability can serve as a lever for discussions on the pedagogy of exhibitions on Difficult Matters and the ethical responsibility of museum professionals in public museums in this regard. (shrink)

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights such as (...) killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Limit Formations:Violence, Philosophy, RhetoricOmedi Ochieng For Megha Sharma SehdevNow days are dragon-ridden, the nightmareRides upon sleep: a drunken soldieryCan leave the mother, murdered at her door,To crawl in her own blood, and go scot-free;The night can sweat with terror as beforeWe pieced our thoughts into philosophy,And planned to bring the world under a rule,Who are but weasels fighting in a hole.—W. B. Yeats, "Nineteen Hundred and Nineteen"Violence is a (...) limit formation. It is neither reducible to a brute fact nor is it ineffably ethereal. To write about violence, then, is to confront—if only as disavowed remainder—critical limits, no less of the writer than of the writing itself. Fewer subjects have proven as confounding for philosophy and rhetoric, this journal's primary charge. In both its general particulars and its specific manifolds, violence nonpluses philosophical commonplaces, upends rhetorical tropologies.Philosophy imagines itself mediator to reality's arche, the bedrock of being. Ancient Greek philosophy sought to distinguish necessity from contingency, essence from accident, dialectic from rhetoric, logic from fallacy. Those who took up this intellectual tradition came to conceptualize violence as first and foremost a question of "nature"—more specifically, those marked out by nature to rule (propertied male citizens) and those marked [End Page 330] out by nature for subjection (the enslaved, women, nonhuman animals). In the early modern context of European philosophy, still, despite its pretensions, deeply indebted to this Mediterranean legacy, the canonical lexicon of sensemaking centered on legitimacy and its conceptual appurtenances of sovereignty, will, and rights.Strikingly, it is in the opposed registers of analytic and continental philosophy that violence's cataphilosophic figuration appears most salient. Consider, for example, one such famous symposium convened in the analytic journal Philosophy and Public Affairs, as narrated by political philosopher Michael Walzer:In an earlier issue of Philosophy & Public Affairs there appeared a symposium on the rules of war which was actually (or at least more importantly) a symposium on another topic. The actual topic was whether or not a man can ever face, or ever has to face, a moral dilemma, a situation where he must choose between two courses of action both of which it would be wrong for him to undertake. Thomas Nagel worriedly suggested that this could happen and that it did happen whenever someone was forced to choose between upholding an important moral principle and avoiding some looming disaster. R. B. Brandt argued that it could not possibly happen, for there were guidelines we might follow and calculations we might go through which would necessarily yield the conclusion that one or the other course of action was the right one to undertake in the circumstances (or that it did not matter which we undertook). R. M. Hare explained how it was that someone might wrongly suppose that he was faced with a moral dilemma: sometimes, he suggested, the precepts and principles of an ordinary man, the products of his moral education, come into conflict with injunctions developed at a higher level of moral discourse. But this conflict is, or ought to be, resolved at the higher level; there is no real dilemma.(1973, 160–61)Analytic political philosophy's resolute disavowals could not be here better splayed. Morality is construed as all-encompassing. The political is not so much effaced as it is rendered derivative to a foundational drama of will, obligation, choice. Analytic philosophy's oft-preened claim to clear, transparent, terse style proves constitutive of its desire to contain, if it cannot altogether moralize away violence. [End Page 331]Where analytic philosophy conceives of violence as an object, its limits defined by morality's handmaiden, the "well-ordered society" (Rawls 2001, 8), continental philosophy conjures a sublime violence that shatters and transfigures normative violence. Walter Benjamin posits a binary opposition between mythical and divine violence: "If mythical violence is lawmaking, divine violence is law-destroying; if the former sets boundaries, the latter boundlessly destroys them; if mythical violence brings at once guilt and retribution, divine power only expiates, if the former threatens, the latter strikes, if the former is bloody, the latter is lethal without spilling... (shrink)

In this article, I analyze weaponized subordination, wherein men strategically use their perceived subordinate masculine status to legitimate their degradation of women. I draw on a qualitative analysis of 9,062 comments made on a popular involuntary celibate discussion board. Incels are an online community of men who define themselves by their inability to participate in heterosexual sex/relationships. Incel forums are characterized by self-loathing, anger, and misogyny, with several incels having committed murders. I first detail the type of subordination incels argue (...) they experience—a social bias in favor of attractive people they call lookism. Next, I explain how incels perceive themselves as permanently subordinated “failed men.” I then demonstrate how incels weaponize their subordination, using their perceived subordinate status to justify their misogyny. Findings are discussed in relation to hybrid masculinity and conceptualizations of subordinate masculinities. (shrink)

One of the simplest methods used by Cicero for depicting a personality or characteristic of an individual within his correspondence was to use a nickname. When describing groups, the natural progression was to use collective nouns that helped to define some essential quality of this collective. The enormity of Caesar's assassination provided an opportunity to use a plethora of terms for the conspirators, most conspicuously seen in Cicero's treatment of Cassius and Brutus following the death of Caesar. The act itself (...) had a polarizing effect. On one side were the invective terms for assassins, murderers and parricides. On the other side were the favourable terms, such as liberators, heroes and tyrannicides. Cicero also included in his correspondence Greek words, as well as their transliterations into Latin. Each word would seem to have its own subtle characteristics, focussing on different aspects and interpretations of the conspirators and their act of tyrannicide or political murder. The collective nouns themselves and the context in which they are used not only will provide the first indication of how Cicero felt about the conspirators but may also give an insight into Cicero's perception of the general feeling about the political situation in Rome at this time. (shrink)

Detection in contemporary genre films is in the process of being transformed: viewers see less and less of moving, traveling, and active human bodies entering in interaction and exchanging words. Instead, what takes up a significant part of film time is the view of computer screens, with digitally stored and retrieved traces, meaningful for detection, playing the lead role. One result of this type of detection on screen – rather than detection in the streets or on murder scenes – (...) is that detection is presented as a process happening on the human-computer interface. With reference to Lev Manovich the article asks how the “illusion of navigating through virtual spaces” is recreated, when the context of such an illusion is filmic diegesis defined by genre rules, where “the virtual spaces of the screen” should have a direct effect on “the real spaces of filmic diegesis”? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:94 Feminist Studies 45, no. 1. © 2019 by Hannah Baker Saltmarsh Hannah Baker Saltmarsh This Girl I Lost Touch With This girl, who was afraid to enter a room— a girl born in the woods, on moss, whose family dreamt under quilts, who wore dresses that matched anything fabric in the house, even the dresses without loneliness— I held her hand in the corridor-dark until the speaking-in-tongues at (...) the community college dispersed into prayers with too many gerunds and too much fervor that wouldn’t adjust if you got a thousand dollars in the mail or jury duty, faith subtle as a crucifix the size of God on the highway. I waited with her until it was over, although the prayer group was never really over. Over rooms of crowded, faith-based humidity, she loved corridors of woods, the rushes of running away. This girl and I, we were cult-lured, but then the leader stepped down—was it porn, alcohol? He drove us around in a red jeep without doors— the first time I drove in a man’s car, I was eighteen so I fell in love: looking straight ahead together, arm hair touching, the cathedral of autumn anticipating a shape to hold you, the wind that you sometimes hollered over. What happened I can’t see, but when he left the group, I left: the death of visions. Hannah Baker Saltmarsh 95 This girl could long for a man in her fingernails, and, without talking, take a man from his pregnant wife’s side, have his even newer children, this girl who wouldn’t go in a room all alone, walked right in, somewhere we’ve not been, and never left. Monostich in Praise of Four Missed Foul Shots in a Row, Ending with a Line by Shaquille O’Neal —Orlando Magic vs. Houston Rockets, Game 1, NBA Final, 1995 Each mistake at the foul line longs to be its own distinct trip-up, divorced from the tragic-comic failure automatic-reflex of a protagonist on a shame-rampage; each delicate flaw of glass, net, rim wants to be denied once at the charity line, once and only once of red-lipsticked points, the naive purity of one aberrant error in calculation—not bring bleacher-crowds to their feet, posterless hands in the vaulted air before tallying Nick Anderson up as Brick Anderson, most hated NBA player of all time, and by his own fans not believing their own eyes as a series of empty arcs toward scoring dovetails into quadruple humiliations and a goofy smile of gutted hopes and boyish fear-tangled awe that any brain so practiced (for this and what else?) could fail so many times in a row, each fail better and Beckett-harder until the last exit out of obliterating loss is part of the abyss too, unless you are quick on your feet for sports broadcasting... but there is no end to swindled championships if you are a man who’s never had to face the extinction of his early twenties or suck the aftertaste of multi-millionaire juice cocktails poured with a legend’s touch, but in the soapy-sweet glass of your Dixie cup liquor, however close to the sound of Shaq’s name spoken in every language, stares your same lovesick reflection in the welt of that shot-glass mirror, mouthing the bitters of paranoid distraction, unripe manhood, aged ingratitude, and a starless Orlando Magic blue diamond broomed over by nursery-rhyme witches brushing out the cobweb-haze because the crowd is always the same crowd calling you swept... each fumbling error of pressure you let get to you, if only it could be a plotless, lyric monostich without arc, not driven to the plot that is your grave, where the unfaithful, the murderers, liars, and cheaters are defined by threads, no, snapped pieces, of seconds and, as Dante would have it, sorted in hell by a singular thought or deed so 96 Hannah Baker Saltmarsh transformative as to name you; the blue and white jersey on the floor, fists and feet, knees and elbows vacuumed in tantrum, hyped up in the court glare and... (shrink)

This essay shows how Jewish identity in pre-1933 Germany defined itself and how the widely known concept of German-Jewish symbiosis came into question after the organized murder of the European Jews. The search for a German-Jewish legacy in postwar Germany as well as in the countries in which the Jewish émigrés found a new home will be explored. Moreover, the Eastern European cultural roots of Jews who migrated from Russia to Germany in the 1990s will also be discussed.