Considering that in times of state of emergency or civil emergency (such as the pandemic caused by COVID 19), governments in many countries around the world have restricted human rights and freedoms through legally binding government decrees. These restrictive measures increasingly raise dilemmas about their effect and possible violations by the government of international norms guaranteeing human rights. The paper aims to analyze whether these restrictive measures set out in the decisions of the Government of the Republic of Northern Macedonia (...) (RNM) are in compliance with the derogations allowed under the European Convention on Human Rights and Freedoms (ECHR) and the positive laws in power. In the framework of this paper is analyzed whether these measures have the sole purpose of protecting the health of citizens or not. The work is limited in terms of time (as long as the state of emergency lasted three months) and territory (government decrees with the force of law). Descriptive, historical, analytical, comparative and citizen survey methods are used in this paper. Government decrees have been analyzed in order to assess whether they were prudent, in accordance with international standards and consequences that they have caused to citizens. The conclusions provide data on whether the management of the situation has been appropriate or not and to what extent it has been effective, as well as how much it has been within the international framework and how they have affected the quality of life of citizens. (shrink)

In this paper, I offer an analytical and normative framework to re-visit the question of whether state parties should derogate from the European Convention on Human Rights (ECHR) in order to combat the COVID-19 pandemic via harsh ‘lockdown’ measures. It is three-pronged. First, I show that the predominant debate on the (non-)derogation question is informed by a textual approach to adjudication, which severely limits the analytical and evaluative horizon for addressing the issue. Most importantly, it cannot address one salient (...) fact about the effects of lockdown measures, namely their highly disproportionate effects on vulnerable groups and minorities. Second, I argue that proportionality assessment should be the basis for determining whether state parties ought to derogate or not. This is because proportionality’s very purpose is in part to track the effects of state interferences on minorities and vulnerable groups by measuring the disproportionate burden imposed on them. It is also because proportionality assessment has very different requirements between limitation clauses built into the relevant Convention articles (e.g. Article 5, Articles 8–11) and the derogation clause (Article 15) under the ECHR. Surprisingly, while the emerging literature almost always mentions proportionality as an important component of the analysis, it does not investigate the extent to which each regime (derogation or limitation) better performs it, and why. Third, I draw from the philosophical literature on the ‘right to justification’ to clarify the egalitarian and justificatory function of proportionality. Unlike derogation, limitation clauses have a much higher and systematic requirement of justification, which makes the case for non-derogation clearer and stronger. (shrink)

Derogatory terms (racist, sexist, ethnic epithets) have long played various roles and achieved diverse ends in works of art. Focusing on basic aspects of an aesthetic object or work, this article examines the interpretive relation between point of view and content, asking how aesthetic contextualization shapes the impact of such terms. Can context, particularly aesthetic contexts, detach the derogatory force from powerful epithets and racist and sexist images? What would it be about aesthetic contexts that would make this possible? The (...) article puts into aesthetic contexts both Absolutist and Reclaimer views about the power of derogatory terms, applying an inferential role semantics, developed for language, to both words and images. The Reclaimer’s position, that derogation is a matter of pragmatics, of use, emphasizes the context-sensitivity of the term, that is matters who says it, to whom, when, where, and why. Understanding derogatory terms used as hate speech helps to make this position clear. The Absolutist’s position, that no contextual variations can detach the derogation from these deeply derogatory terms, is developed here through attention to subordinating images in pornography. The article argues that art may be able to achieve the deviant interpretations that the Reclaimer needs to undermine the derogations while maintaining sensitivity and awareness of the history of oppression. (shrink)

Although a great deal of research addresses the neural basis of deliberate and intentional emotion-regulation strategies, less attention has been paid to the neural mechanisms involved in implicit forms of emotion regulation. Behavioural research suggests that romantically involved participants implicitly derogate the attractiveness of alternative partners, and the present study sought to examine the neural basis of this effect. Romantically committed participants in the present study were scanned with functional magnetic resonance imaging (fMRI) while indicating whether they would consider each (...) of a series of attractive (or unattractive) opposite-sex others as a hypothetical dating partner both while under cognitive load and no cognitive load. Successful derogation of attractive others during the no cognitive load compared to the cognitive load trials corresponded with increased activation in the ventrolateral prefrontal cortex (VLPFC) and posterior dorsomedial prefrontal cortex (pDMPFC), and decreased activation in the ventral striatum, a pattern similar to those reported in deliberate emotion-regulation studies. Activation in the VLPFC and pDMPFC was not significant in the cognitive load condition, indicating that while the derogation effect may be implicit, it nonetheless requires cognitive resources. Additionally, activation in the right VLPFC correlated with participants' level of relationship investment. These findings suggest that the RVLPFC may play a particularly important role in implicitly regulating the emotions that threaten the stability of a romantic relationship. (shrink)

The concept of structure is central to Giddens’s structuration theory because it apparently accounts for the reproduction of the social system without derogating the lay actor in functionalist or structuralist fashion. In fact, the concept of structure involves the very derogation of the lay actor which Giddens highlights as the principal error of these objectivist social theories and which he wishes to avoid. However, although Giddens fails to recognize it, the concept of “practical consciousness” which Giddens also regards as (...) central to structuration theory avoids this relapse into objectivism and offers a route to a sustainable social theory which highlights the agency of social actors. (shrink)

While philosophers have discussed the emotion of contempt from antiquity to the present day, contempt has received less attention in psychological research. We review the defining features of contempt, both as a short-term emotion and as a more long-lasting sentiment. Contempt is similar to anger in that it may occur after (repeated) social or moral transgressions, but it differs from anger in its appraisals, actions, and emotivational goals. Unlike anger, contempt arises when a person’s or group’s character is appraised as (...) bad and unresponsive to change, leading to attempts to socially exclude the target. We discuss associative, self-regulatory, and social distancing functions of contempt and present a dynamic social model of contempt versus anger. (shrink)

While a large body of literature on pejorative language has emerged recently, derogatory communication is a broader phenomenon that need not constitutively involve the use of words. This paper delineates the class of non-verbal pejoratives and sketches an account of the derogatory power of a subset of NVPs, namely those whose effectiveness crucially relies on iconicity. Along the way, I point out some ways in which iconic NVPs differ from wholly arbitrary NVPs and ritualized threat signals in the animal kingdom, (...) such as the wolf’s snarl, which do not threaten or demean targets by virtue of any kind of iconographic depiction. An iconic portrayal such as a racist caricature disparages its target by inviting recipients to entertain an unflattering image of the target. “Blackface” performers in the nineteenth-century, for example, promulgated an unflattering image of African-Americans by means of make-up, costumes, and vocal impersonations. (shrink)

In this essay, I apply international human rights theory to the domestic discussion of criminalization. The essay takes as its starting point the “right not to be punished” that Douglas Husak posited in his recent book Overcriminalization . By reviewing international human rights norms, I take up Husak’s challenge to imbue this right with further normative content. This process reveals additional relationships between the criminal law and human rights theory, and I discuss one analogy: the derogation by states of (...) an individual’s human rights under specified conditions has certain similarities to the punishment by states of an individual who holds a right not to be punished. Along the way, I highlight the normative implications of defining a human right not to be punished under both generalist and specificationist perspectives on moral rights. Noting the similarities as well as the differences in the concepts of punishment and derogation, this essay aims to contribute to the exchange between theories of human rights and the criminal law. (shrink)

In this paper, I consider some problems concerning the structure of legal systems. In order to do this, I basically analyze the promulgation and derogation of legal rules. Frequently, promulgation has been referred to as the introduction of a rule into, and derogation as the removal of a rule from, a normative system. I try to show that there is more to it than that. One of the main ideas of the paper is that the enactment or (...) class='Hi'>derogation of a legal rule by an authority na restricts the competence of all lower authorities: Once a rule R has been enacted by an authority na, authorities inferior to na cannot remove R from the normative system; and when R has been derogated by na, lower authorities do not have the competence to introduce R into the system. Further important questions include: What happens with derogated rules? What is the structure of the set of derogated rules? When does a rule belong to a derogated set, and when is it removed from a derogated set? These questions are very important for a theory of legal systems, and I try to give some possible answers. Perhaps the main conclusion of the paper is that promulgation and derogation can be considered very similar processes with respect to legal systems. (shrink)

Our everyday practices are meaningful in several ways. In addition to the linguistic meanings of our terms and sentences, we attach social meanings to actions and statuses. Philosophy of language and public debates often focus on contesting morally and politically pernicious linguistic practices. My aim is to show that this is too little: even if we are only interested in morally and politically problematic terms, we must counteract a pernicious linguistic practice on many levels, especially on the level of its (...) underlying social meanings. Otherwise, the critique of specific words as the most salient fruits of this practice will be futile. I trace out two paths through which pernicious social meanings feed into linguistic meanings and make the case for constructive contestations of social meanings as an alternative to criticising the use of a few highly pernicious terms in which these social meanings are manifest. My investigation into how social structures shape both social and linguistic meanings sheds further light on the ways in which social meanings enter linguistic exchanges. Moreover, it reveals that what is said in specific situations is more closely connected to our non-verbal actions than the current literature on semantics and the social sciences allows. (shrink)

Slurs such as spic, slut, wetback, and whore are linguistic expressions that are primarily understood to derogate certain group members on the basis of their descriptive attributes and expressions of this kind have been considered to pack some of the nastiest punches natural language affords. Although prior scholarship on slurs has uncovered several important facts concerning their meaning and use –including that slurs are potentially offensive, are felicitously applied towards some targets yet not others, and are often flexibly used not (...) only derogatorily to convey offense towards out-group members but also non-derogatorily to convey affiliation with in-group members– the literature remains largely focused on slurs that typically target African Americans, male homosexuals, and sexually active females. Since no account of slurs that typically target Hispanics or Mexican-Americans has so far been proposed, here I offer the first systematic and empirically informed analysis of these that accounts for both their derogatory and appropriative use. Importantly, this article reviews over a dozen Spanish stereotypes and slurs and explains how the descriptive attributes involved in a stereotype associated with a slur can contribute to the predication of certain content in the application of that slur toward its target in context. This article further explains how the psychological effects of stereotype threat and stereotype lift can be initiated through the application of a relevant slur towards its target in context as well. -/- ----- -/- Las expresiones peyorativas tales como spic (‘spic’), slut (‘zorra’), wetback (‘espalda mojada’) y whore (‘puta’) son expresiones lingüísticas que se entienden principalmente para minusvalorar ciertos miembros de un grupo sobre la base de sus atributos descriptivos (como la raza o el sexo). Se ha considerado que las expresiones de este tipo conllevan algunos de los puñetazos más desagradables que el lenguaje natural puede proporcionar. Aunque la literatura especializada sobre expresiones peyorativas ha descubierto varios hechos importantes en cuanto a significado y uso –entre los que se incluyen que tales expresiones son potencialmente ofensivas, apuntan efectivamente hacia unos objetivos pero no hacia otros, y con frecuencia se utilizan con flexibilidad no sólo despectivamente para ofender a miembros por fuera de un grupo, sino que también de forma no despectiva para afiliar con miembros dentro de un mismo grupo–, tal literatura sigue centrada en gran medida en las expresiones peyorativas que típicamente apuntan contra los afroamericanos (nigger ‘negro’), los homosexuales varones (fagot ‘maricón’), y las mujeres sexualmente activas (slut ‘zorra’). En tanto que no se ha propuesto al momento dar cuenta de expresiones peyorativas dirigidas contra hispanos o mexicano-americanos, en este trabajo se ofrece el primer análisis sistemático y empíricamente informado de tales expresiones, tanto en sus usos despectivos y de apropiación. Es importante destacar que en este artículo se revisan más de una docena de estereotipos y expresiones peyorativas en español, además de explicar cómo los atributos descriptivos que participan de un estereotipo asociado con una difamación pueden contribuir a la predicación de determinados contenidos en la aplicación de esa expresión hacia su objetivo en contexto. Asimismo, en este artículo se explica cómo comienzan los efectos psicológicos de la amenaza estereotipada y el realce estereotipado cuando se emplea una expresión peyorativa relevante contra un objetivo en contexto. (shrink)

Some non-appropriated uses of slurs seem to be non–derogatory. In this paper, I argue that in a range of cases, the lack of derogation is owed to the term not being genuinely used. I first examine so–called pedagogical uses and show that they can be assimilated to what I call “distancing uses.” I then turn to a range of other apparently non–derogatory, non–appropriated uses of slurs – such as non–weapon uses, comedic uses – and argue that they can depart (...) from standard, genuine usage in relevant ways. I finally turn to so–called “affectionate” uses, and show that, if the conditions in which they obtain can be described as standard, then they are derogatory because they are genuine uses, no matter the benevolent feelings of the speaker. (shrink)

Slurs such as chink and gook are linguistic expressions that are primarily used to derogate certain group members for their descriptive attributes (such as their ethnicity) and are often considered the most offensive of expressions. Recent work on the semantics and pragmatics of slurs has illuminated several important facts regarding their meaning and use – including that slurs are commonly understood to felicitously apply towards some targets yet not others, that slurs are among the most potentially offensive expressions afforded by (...) natural language, and that slurs are often flexibly employed and of potential use, not only derogatorily to convey offense towards out-group members, but also non-derogatorily to convey affiliation with in-group members or to diminish the derogatory force that the slur is typically understood to carry. Nonetheless, prior scholarship has unfortunately restricted itself primarily to considerations of slurs that typically target members of other groups. Since no account of slurs for Asian-Americans has so far been proposed, the aim of this article is therefore to provide the first systematic and empirically informed analysis of slurs for Asian-Americans that accounts for both their derogatory and appropriative (non-derogatory) use. (shrink)

This paper examines the effects of non-derogability status for seven human rights during declared states of emergency from 1996 to 2004 in 195 countries. For this purpose, we create several original measures of countries’ state of emergency status. Our analysis finds the intended protections from the special legal status of non-derogable rights to be anemic, at best, during declared emergencies. This finding begs a reconsideration of both the utility of the “non-derogable” categorization in both international and municipal law, and the (...) conditions under which declared states of emergency might be justified. (shrink)

Language can be used as an instrument to exert power over people, as in issuing an order or a ban, or when it exercises an intrinsic power by virtue of its semantic or pragmatic content. The Politics of Meaning focuses on this latter aspect and answers the following question: what does it mean for linguistic meaning to be embedded in social structures and practices if we have good reasons to assume that these practices rest on asymmetrical power relations and are (...) often unjust? My comprehensive study of meaning in morally and politically problematic language use accomplishes four major goals. Firstly, I defend a theory of meaning which is able to account for a broad range of politically significant aspects of language use. Secondly, I relate these aspects to non-linguistic aspects of social practices which are structured by asymmetrical power relations. Thirdly, my work responds to topical questions of public debates concerning language criticism, political disagreement, and political correctness. Fourthly and finally, my approach involves reflecting on the methodological problems that arise when we engage in politically relevant philosophical questions. It is both a plea for and an instance of non-ideal philosophy of language. (shrink)

RÉSUMÉ: Cet article propose une analyse détaillée des considérations de Hans-Georg Gadamer sur l’herméneutique théologique proprement dite. Pensée dans et pour la foi chrétienne, la conception de l’herméneutique théologique qu’il met en avant se veut essentiellement une herméneutique du texte biblique. Les réflexions de Gadamer sur ce thème nous conduisent cependant tout droit dans sa théorie de la littérature. La question directrice devient celle de la nature du texte religieux (entendons : du texte biblique, reçu en son unité canonique) en (...) tant que texte éminent, dont la structure singulière est mise en relief au moyen d’une éclairante comparaison avec les textes poétique, philosophie et juridique. L’Écriture, en tant qu’elle répond à la structure textuelle de la promesse, exige du lecteur une forme particulière d’appropriation qui trouve sa réalisation exemplaire dans la prédication. Toutefois, contre une lecture (Ommen, Eberhard, etc.) qui insiste sur la discontinuité de l’herméneutique théologique de Gadamer avec sa propre oeuvre philosophique, je soutiens la thèse de leur foncière cohérence. ABSTRACT: This paper offers a detailed analysis of Hans-Georg Gadamer’s considerations on theological hermeneutics proper. Thought within and for the Christian faith, the conception of theological hermeneutics he puts forward is mainly understood as a hermeneutics of the biblical text. However, Gadamer’s reflections on this theme bring us straight to his theory of literature. The guiding question becomes that about the nature of the religious text (meaning : the biblical text, received in its canonical unity) as eminent text, which peculiar structure is thrown into relief through an enlightening comparison with the poetical, the philosophical and the legal text. The Scripture, in that it has the textual structure of a promise, requires from the reader a particular form of appropriation, which finds its exemplary fulfillment in preaching. Against a reading that emphasizes discontinuity between Gadamer’s theological hermeneutics and his own philosophical work (Ommen, Eberhard, etc.) I defend the thesis of their fundamental coherence. (shrink)

Recent research on the semantics and pragmatics of slurs has offered insight into several important facts concerning their meaning and use. However, prior work has unfortunately been restricted primarily to considerations of slurs that typically target females, homosexuals, and African Americans. This is problematic because such a narrowly focused attention to slurs in prior work has left theorizing of how slurs generally function relatively uninformed by facts of actual language use. As a result, theoretical accounts of slurs that have so (...) far been proposed have largely failed to accurately reflect actual usage, account for the empirical findings about slurs and general pejoratives from the social sciences, and offer any informative predictions to help guide future research. At this time more empirically oriented homework on the variety of ways that different slurs have been used in different cases would be helpful for theorists to consider so that they can proceed to develop more nuanced and empirically informed theories about slurs, their usage, and their effects. Accordingly, since no account of slurs for Italian Americans has so far been offered, this article provides a systematic and empirically informed analysis of slurs for Italian Americans that accounts for both their derogatory and appropriative use. Further, this article demonstrates that the family resemblance account of slurs maintained here has major advantages over previous accounts insofar as it is flexible yet robust enough to accommodate both the derogatory and appropriative use of slurs, can explain many of the psychological effects that slurs actually have on both their users and targets, and is more in accord with the real rather than ideal nature of our organic human psychology. (shrink)

Investigates the resolution of contradictions and ambiguous derogations in a code, by means of the imposition of partial orderings. Although formulated as a study in the logic of norms, it provided the initial ideas for work on the logic of theory (or belief) change, developed by the authors in a series of papers by the authors and Peter Gardenfors beginning in 1985.

Slurs derogate individuals based on their belonging to some demographic group, for example, race, sexuality, class, and so on. This chapter observes ‘reclaimed’, ‘restricted’, and ‘standard’ uses of slurs and proposes a semantic account which accommodates each type of slurring. The view proposed—Expressive-Property Contextualism—explains the similarities and differences between a wide array of slurs and demonstrates that the mechanism by which slurs derogate is virtually the same in all uses.

Verbal derogation is not only a linguistic but also, and perhaps more importantly, a political phenomenon. In this paper, I argue that to do justice to the political relevance of derogatory terms, we must not neglect the social practices and structures in which the use of these terms is embedded. I aim to show that inferentialist semantics is especially helpful to account for this social embeddedness and, consequently, the political relevance of derogatory terms. I am concerned with specifying the (...) linguistic and political aspects of terms that are at the core of derogatory language use. I explain them with the help of Brandomian inferentialism which tends to be quickly dismissed or ignored in discussions about the meaning of derogatory terms. My inferentialist account is in line with Lynne Tirrell’s broader inferentialist framework for understanding derogatory communicative practices. I provide the semantic details of her broader inferentialist view and thereby aim to show that inferentialist semantics is a promising theory which cannot be neglected in further discussion of meaning and politics in derogatory language use. (shrink)

Slurs are both derogatory and offensive, and they are said to exhibit “derogatory force” and “offensiveness.” Almost all theories of slurs, except the truth-conditional content theory and the invocational content theory, conflate these two features and use “derogatory force” and “offensiveness” interchangeably. This paper defends and explains the distinction between slurs’ derogatory force and offensiveness by fulfilling three goals. First, it distinguishes between slurs’ being derogatory and their being offensive with four arguments. For instance, ‘Monday’, a slur in the Bostonian (...) argot, is used to secretly derogate African Americans without causing offense. Second, this paper points out that many theories of slurs run into problems because they conflate derogatory force with offensiveness. For example, the prohibition theory’s account of offensiveness in terms of prohibitions struggles to explain why ‘Monday’ is derogatory when it is not a prohibited word in English. Third, this paper offers a new explanation of this distinction from the perspective of a speech act theory of slurs; derogatory force is different from offensiveness because they arise from two different kinds of speech acts that slurs are used to perform, i.e., the illocutionary act of derogation and the perlocutionary act of offending. This new explanation avoids the problems faced by other theories. (shrink)

This paper generalises classical revision theory of the AGM brand to sets of norms. This is achieved substituting input/output logic for classical logic and tracking the changes. Operations of derogation and amendment—analogues of contraction and revision—are defined and characterised, and the precise relationship between contraction and derogation, on the one hand, and derogation and amendment on the other, is established. It is argued that the notion of derogation, in particular, is a very important analytical tool, and (...) that even core deontic concepts such as that of permission resists a satisfactory analysis without it. By way of illustration the last section of the paper analyses the much debated concept of positive permission, of which there turns out to be more than one kind. (shrink)

Critical examination of Alchourrón and Bulygin’s set-theoretic definition of normative system shows that deductive closure is not an inevitable property. Following von Wright’s conjecture that axioms of standard deontic logic describe perfection-properties of a norm-set, a translation algorithm from the modal to the set-theoretic language is introduced. The translations reveal that the plausibility of metanormative principles rests on different grounds. Using a methodological approach that distinguishes the actor roles in a norm governed interaction, it has been shown that metanormative principles (...) are directed second-order obligations and, in particular, that the requirement related to deductive closure is directed to the norm-applier role rather than to the norm-giver role. The approach has been applied to the case of pure derogation yielding a new result, namely, that an independence property is a perfection-property of a norm-set in view of possible derogation. This paper in a polemical way touches upon several points raised by Kristan in his recent paper. (shrink)

Investigates the resolution of contradictions and ambiguous derogations in a code, by means of the imposition of partial orderings.

Slurs are derogatory words and they are used to derogate certain groups. Theories of slurs must explain why they are derogatory words, as well as other features like independence and descriptive ineffability. This paper proposes an illocutionary force indicator theory of slurs: they are derogatory terms because their use is to perform the illocutionary act of derogation, which is a declarative illocutionary act to enforce norms against the target. For instance, calling a Chinese person “chink” is an act of (...) derogation to enforce racist norms that license exclusion of the Chinese, deny their rights to dignity, etc. The contribution of this paper is twofold. First, it offers a more comprehensive explanation of the features of slurs than earlier speech act approaches. Second, it provides a theory that is immune to the problems faced by existing theories, such as wrong predictions of truth-conditions, explaining unacceptability to non-bigots, and explaining slurs against the dominant groups. (shrink)

Slurs are typically defined as conveying contempt based on group-membership. However, here I argue that they are not a unitary group. First, I describe two dimensions of variation among derogatives: how targets are identified, and how offensive the term is. This supports the typical definition of slurs as opposed to other derogatives. I then highlight problems with this definition, mainly caused by variable offence across slur words. In the process I discuss how major theories of slurs can account for variable (...) offence, and conclude that contempt based on group-membership doesn’t cover all the data. I finish by noting that the most offensive slurs are those that target oppressed groups. I claim it is oppression that underpins most offence, and that beyond this offensive property, some slurs are actively used to oppress. (shrink)

Most of our knowledge about how social exclusion affects those who ostracize and those who are being ostracized is based on questionnaires administered after the ostracism situation is over. In this research, we strive to further our understanding of the internal dynamics of an ostracism situation. We therefore examine individuals’ language—more specifically, function words—as a behavior indicative of psychological processes and emergent states that can be unobtrusively recorded right in the situation. In online chats, 128 participants talked about a personal (...) topic in groups of three. In the experimental group (n = 79), two conversation partners ignored every contribution by the third. We found that, compared to the control group, these targets of ostracism used language indicative of a self-focus and worsened mood, but not of social focus or positivity, although positivity was related to a writer’s likeability. Sources of ostracism use language suggesting that they are distancing themselves from the situation, and they further engaged in victim derogation. We discuss how our results highlight the severity and potential self-sustainability of ostracism. (shrink)

The present paper considers controversial utterances that were erroneously taken as derogatory. These examples are puzzling because, despite the audiences’ error, many speakers retract and even apologise for what they didn’t say and didn’t do. In recent years, intuitions about retractions have been used to test semantic theories. The cases discussed here test the predictive power of theories of derogatory language and help us better understand what is required to retract a slur. The paper seeks to answer three questions: are (...) the cases considered genuine retractions? If the speakers didn’t derogate by using a slur, how are the cases retractions of derogatory acts? Do these examples support expressive accounts of slurs? I argue that the examples provide evidence for an expressivist account of slurs: a slurring utterance (defeasibly) makes a derogatory speech act where the speaker expresses a commitment to a morally questionable appraisal state, such as disgust or contempt for a target group. A retraction of a derogatory speech act requires undoing the enactment of that commitment, which can be achieved with a genuine apology. This helps explain the conduct of audiences who misunderstand what the speaker says, and the speakers’ reactions. -/- . (shrink)

L’étude de ce qui constitue la perfection première du mariage, c’est-à-dire son essence ou son constitutif formel, qui est l’union indissoluble des esprits et des cœurs des conjoints, porte une lumière nouvelle sur les fins du mariage. Cette union indissoluble, en tant qu’elle est la fin propre et prochaine du mariage, en constitue l’objet, qui spécifie formellement l’acte du mariage. La génération et l’éducation des enfants, qui n’est pas une partie intégrante de l’essence du mariage, est sa fin éloignée et (...) appartient à la perfection seconde du mariage, à savoir l’agir des époux. Cette doctrine thomiste des fins du mariage apparaît à différentes époques de l’histoire de la théologie et est adoptée par le Catéchisme du Concile de Trente. Avec le Code de droit canonique de 1917, elle disparaît totalement de l’enseignement catholique. Réapparue en 1930 dans l’encyclique Casti connubii, elle ne retrouve toute sa place dans l’enseignement du Magistère qu’à partir de Vatican II. La doctrine thomiste des sacrements, et du mariage en particulier, permet d’interpréter la position du Magistère actuel sur l’accès à la communion de divorcés remariés, en régime de dérogation à la séparation, et de conclure à la nécessité de manifester publiquement leur réconciliation avec Dieu et avec l’Église. (shrink)

International human rights law allows states to derogate some of their human rights obligations in times of public emergency. This essay attempts a normative assessment of the practice of derogation. We discuss, specifically, whether derogation is compatible with the logics and morality of rights. We notice that a major inconsistency between rights and derogation derives from the unilateral character of derogation: derogating parties are assigned a power-right to annul their own rights-based obligations. This contrasts with the (...) idea, central to rights, that rights-based obligations are owed to the right-holder. Only through consent of right-holders, we argue, can duties owed to them be modified or annulled. But whether the current practice of derogation is interpretable as a form of consent to rights infringement is highly disputable. (shrink)

Slurs are derogatory words; they seem to express contempt and hatred toward marginalized groups. They are used to insult and derogate their victims. Moreover, slurs give rise to philosophical questions. In virtue of what is the word “chink,” unlike “Chinese,” a derogatory word? Does “chink” refer to the same group as “Chinese”? If “chink” is a derogatory word, how is it possible to use it in a non-derogatory way (e.g., by Chinese comedians or between Chinese friends)? Many theories of slurs (...) answer these questions by assuming that slurs communicate derogatory messages. However, little attention has been paid to the speech acts slurs are used to perform. In this dissertation, I argue that slurs are illocutionary force indicators: words to perform the speech acts of derogation. “Chink” is a derogatory word because its use is to derogate the Chinese, just like the phrase “I promise” has the use to make a promise. To derogate the Chinese is to enforce a norm which assigns to them an inferior normative status. Slurs are also propositional indicators: words that contribute to the truth-conditions. “Chink” has the same referent as “Chinese,” its neutral counterpart. Appealing to speech act theory enables my theory to answer questions about slurs, e.g., slurs can be used in non-derogatory ways because the felicity conditions of derogation are not met. To illustrate the advantage of my theory, I will explain how other theories of slurs fall short because they take positions opposite to mine on certain issues. For instance, Mark Richard’s theory, unlike mine, takes utterances of slurs to have no truth values. It follows from his theory, I will argue, that lying with “Chang is a chink” is impossible. Finally, I will defend the force indicator theory from common objections. My force indicator theory provides a case study of the use theory of meaning and a framework for political philosophers to study the harm of slurs. (shrink)

Recent work on the semantics and pragmatics of slurs has explored a variety of ways of explaining their potential to derogate, with the most popular family of approaches appealing to either: (i), the doxastic or evaluative attitudes or commitments expressed by — or (ii), the propositions concerning such attitudes or commitments semantically or pragmatically communicated by — the speakers who use them. I begin by arguing that no such speaker-oriented approach can be correct. I then propose an alternative treatment of (...) slurs, according to which they are semantically associated with both descriptive and directive content. On the view I defend, when speakers use slurs, they simultaneously propose to add an at-issue proposition to the conversational common ground and issue a not-at-issue directive to their interlocutors to adopt a derogatory perspective toward members of the targeted group. This proposal both avoids the problems faced by other accounts and opens up a novel way of thinking about the phenomenon of appropriation. (shrink)

Most accounts of the derogatory meaning of slurs are semantic. Recently, Nunberg proposed a purely pragmatic account offering a compelling picture of the relation between derogatory content and social context. Nunberg posits that the semantic content of slurs is identical to that of neutral counterparts, and that derogation is a result of the association of slur use with linguistic conventions of bigoted speakers. The mechanism responsible for it is a special kind of conversational implicature. However, this paper argues that (...) Nunberg’s proposal suffers from technical and conceptual problems regarding the application of the concepts of implicature and convention. It is proposed that the implicature mechanism should be replaced by expressive commitment attribution. The account advocated here preserves crucial insights of Nunberg’s analysis, 25–48, 2013a, Analytic Philosophy 54, 350–363, 2013b; Bolinger Nous, 51, 439–462, 2017), giving them a firmer conceptual basis. It supports a distinction between derogation and offensiveness of slurs that improves on the one proposed by Hom and May, 293–313 2013), and sheds light on puzzling borderline cases: the use of slurs by ignorant speakers and controversies surrounding the status of some words as potentially slurs. (shrink)

Abstract‘Africanisation’ has, during the last few decades, been a buzzword that has enjoyed special currency in South Africa. Africanisation is generally seen to signal a (renewed) focus on Africa, on reclamation of what has been taken from Africa, and, as such, it forms part of post-colonialist, anti-racist discourse. With regard to knowledge, it comprises a focus on indigenous African knowledge and concerns simultaneously ‘legitimation’ and ‘protection from exploitation’ of this knowledge. With regard to education, the focus is on Africanisation of (...) institutions, curricula, syllabi and criteria for excellence (in research, performance, etc.). This paper, while sympathetic to the basic concerns that inform the call/s for Africanisation, spells out the problems and limits of this project. For one thing, the idea of Africanisation may evoke a false or at least a superficial sense of ‘belonging’. For another, it may entail further marginalisation and derogation. Lastly, while it may emphasise relevance, it is hazardously close to a comprehensive relativism. In the light of these points, this paper suggests a more promising alternative: a framework of basic human rights appears to be a more appropriate locus for the pertinent concerns and demands. (shrink)

The recent outbreak of the SARS-CoV-2 coronavirus is posing many different challenges to local communities, directly affected by the pandemic, and to the global community, trying to find how to respond to this threat in a larger scale. The history of the Eyam Plague, read in light of Ross Upshur’s Four Principles for the Justification of Public Health Intervention, and of the Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights, could (...) provide useful guidance in navigating the complex ethical issues that arise when quarantine measures need to be put in place. (shrink)

In this book, Claire Horisk argues that the real problem with so-called offensive jokes-such as racist, sexist, and ethnic jokes-is not that they are offensive but that they are harmful, because they transmit and reinforce stereotypes and ideas that contribute to a network of unjust disadvantage for the derogated group. She distinguishes between belittling jokes, which shore up unjust disadvantage for social groups, and disparaging jokes, which derogate powerful groups such as doctors but do not contribute to unjust disadvantage. She (...) uses philosophy of language and linguistics to argue that both belittling and disparaging jokes communicate ideas by generalized conversational implicature, and to argue that defenses of derogatory remarks as 'just a joke' are inadequate, because jokes can be used to convey what people believe to be true. She focuses on jokes in ordinary conversation, showing that canonical accounts of cooperative conversation need to be enriched: Some people have greater power to shift the common ground of a conversation, and to introduce new presuppositions, than others, and there are alliances that exclude some parties to the conversation, and yet are powerful in setting the future course of the conversation. She also gives a new account of the morality of listening, arguing that sometimes people who listen to derogatory speech may be culpable for doing so. Throughout, she draws on a wealth of interdisciplinary evidence to support the book's claims and to explain why humor is an especially effective means of unjust discrimination. (shrink)

The majoritarian conception of democracy implies that counter-majoritarian institutions such as federalism—and even representative institutions—are derogations from democracy. The majoritarian conception is mistaken for two reasons. First, it is incoherent: majoritarianism ultimately stands against one of democracy’s core normative commitments—namely, political equality. Second, majoritarianism is premised on a mistaken view of power, which fails to account for the power of numbers and thereby fails to explain the inequality faced by members of persistent minorities. Although strict majority rule serves the democratic (...) values of political agency and equality as interpreted by a set of formal conditions, an adequate conception of power shows why in real-world conditions formal-procedural inequalities, instantiated by counter-majoritarian institutions such as federalism, are sometimes required to serve democratic equality. (shrink)

Against content theories of slurs, according to which slurs have some kind of derogatory content, Anderson and Lepore have objected that they cannot explain that even slurs under quotation can cause offense. If slurs had some kind of derogatory content, the argument goes, quotation would render this content inert and, thus, quoted slurs should not be offensive. Following this, Anderson and Lepore propose that slurs are offensive because they are prohibited words. In this paper, we will show that, pace Anderson (...) and Lepore, content theories of slurs do provide an explanation of the fact that quoted slurs can cause offense: even under quotation, the explanation goes, the derogatory content of a slur can still be psychologically efficacious. We will go one step further by pointing out that offensiveness is not the only function of slurs, but that slurs can also be used to create and reinforce negative attitudes towards the target group. While content theories can easily explain this by referring to some kind of derogatory content, Anderson and Lepore’s prohibitionism will lack a satisfactory explanation of this second function of slurs. Concluding, we will argue that, unlike uses of slurs, uses of quoted slurs normally do not derogate the target group. This will again speak in favor of content theories. Accordingly, uses of quoted slurs are not derogatory because quotation renders the derogatory content inert. Hence, rather than speaking against content theories, quoted slurs speak in their favor. (shrink)

The principles that usually direct ethical decision making are not easily or straightforwardly applicable to the care and treatment of anorexia nervosa, particularly the care and treatment of severe and enduring anorexia nervosa, where the sufferer seems to be recalcitrant to treatment and where the condition has become life-threatening.There are exceptional circumstances that characterize this puzzling and still scarcely understood condition; I suggest that these exceptional circumstances provide moral reasons for partial derogation from the usual principles of ethical decision (...) making.In what follows I argue... (shrink)

1. Anderson and Lepore (2013) argue that the offensiveness of slur terms can’t consist (merely?) in their having derogatory meanings because even quotation marks fail to prevent offence being cause...

This essay subjects to philosophicalscrutiny a well-known theory in socialpsychology, the theory of a belief in a justworld (BJW-theory). What are theimplications of the theory for moralphilosophy, in general, and moraleducation/schooling, in particular? Shouldparents and teachers discourage or encouragechildren to believe in a just world, in thesense given to such a belief in this theory?The intricacies of BJW-theory areexplored, with special emphasis on the strangecase of ``victim derogation.'' The authorconcludes that the theory remains, for variousreasons, unilluminating, both morally andeducationally, (...) unless supplemented by normativeand factual interpretative conditions. Somesuch conditions are suggested and discussed. (shrink)

For most of the history of prejudice research, negativity has been treated as its emotional and cognitive signature, a conception that continues to dominate work on the topic. By this definition, prejudice occurs when we dislike or derogate members of other groups. Recent research, however, has highlighted the need for a more nuanced and “inclusive” (Eagly 2004) perspective on the role of intergroup emotions and beliefs in sustaining discrimination. On the one hand, several independent lines of research have shown that (...) unequal intergroup relations are often marked by attitudinal complexity, with positive responses such as affection and admiration mingling with negative responses such as contempt and resentment. Simple antipathy is the exception rather than the rule. On the other hand, there is mounting evidence that nurturing bonds of affection between the advantaged and the disadvantaged sometimes entrenches rather than disrupts wider patterns of discrimination. Notably, prejudice reduction interventions may have ironic effects on the political attitudes of the historically disadvantaged, decreasing their perceptions of injustice and willingness to engage in collective action to transform social inequalities.These developments raise a number of important questions. Has the time come to challenge the assumption that negative evaluations are inevitably the cognitive and affective hallmarks of discrimination? Is the orthodox concept of prejudice in danger of side-tracking, if not obstructing, progress towards social justice in a fuller sense? What are the prospects for reconciling a prejudice reduction model of change, designed to get people to like one another more, with a collective action model of change, designed to ignite struggles to achieve intergroup equality? (shrink)