In this article, I present the structural consequences generated by the continuous and systematic epistemic injustices carried out in certain communities or institutions. These injustices contribute to building a structure of silencing, denial of epistemic authority, cover-up and impunity. The importance of the normative aspect that guides the reflections about these injustices will be exposed in two senses: on the one hand, insofar as it is necessary to have criteria that allow establishing the truth in the background of (...) evaluation of epistemic injustices and, on the other, in the sense of specifying how systematically attempting against it produces almost irreversible epistemic damage and guarantees the perpetuation of the structure. It will be shown how this happens within the framework of a powerful institution such as the Catholic Church, which has exhibited a pattern of testimonial injustices and the cover-up of abuses within it for decades. (shrink)

Enduring social inequalities in settler colonial societies are not an accident. They are produced and maintained by the self-repairing structural features and dynastic character of systemic racism and its intersecting oppressions. Using methods from diverse anticolonial liberation movements and systems theory, Structural Violence theorizes the existence of adaptive and self-replicating historical formations that underwrite cultures of violence in settler colonial societies. Corresponding epistemic forces tied to profit and wealth accumulation for beneficiary groups often go untracked. The account offered (...) here argues that these epistemic forces play a central role in producing and maintaining massive health inequalities and the maldistribution of disease burdens―including those associated with sexual violence―for marginalized populations. It upends the widespread view that structural racism can be dismantled without addressing gendered violence. It also advocates for a theory of change rooted in reparative action and models of structural competency that respond to the built-in design of structural violence and the ecosystems of impunity that allow it to thrive. (shrink)

Contemporary architecture is increasingly grounded in science and mathematics. Architectural discourse has shifted radically from the sometimes disorienting Derridean deconstruction, to engaging scientific terms such as fractals, chaos, complexity, nonlinearity, and evolving systems. That's where the architectural action is -- at least for cutting-edge architects and thinkers -- and every practicing architect and student needs to become conversant with these terms and know what they mean. Unfortunately, the vast majority of architecture faculty are unprepared to explain them to students, not (...) having had a scientific education themselves. Here is an architecture book by an architect/scientist, just in time to help architects in the new millennium. Alexander discusses many of the scientific terms arising in cutting-edge architecture, and explains them to those who don't have scientific training or advanced mathematical knowledge. We find discussions of the evolution of forms; the importance of process in design; iteration; genetic algorithms; sequences of transformations; different levels of scale (i.e. fractals); etc. They are explained here by an architect who is also a scientist, because he wants to change the way architects think and build. Alexander is not merely popularizing other scientists' results and making them accessible to architects: he is in fact presenting new and original scientific work that ties many of these concepts together in a way that will be useful to architects. (shrink)

The article presents proofs of the context freeness of a family of typelogical grammars, namely all grammars that are based on a uni- ormultimodal logic of pure residuation, possibly enriched with thestructural rules of Permutation and Expansion for binary modes.

There is a growing trend across North America of women being criminalized for their pregnancy outcomes. Rather than being a series of aberrations resulting from institutional failures, we argue that this trend is part of a colonial strategy of administrative violence aimed at women of color and Native women across Turtle Island. We consider a range of medical and legal practices constituting gender-based administrative violence, and we argue that they are the result of non-accidental and systematic production of population-level harms (...) that cannot be disentangled from the goals of ongoing settler occupation and dispossession of Indigenous lands. While white feminist narratives of gender-based administrative violence in Latin America function to distance the places where such violence occurs from the ‘liberal democratic’ settler nation-states of the U.S. and Canada, we hold that administrative forms of reproductive violence against Latin American women are structurally connected to efforts in the U.S. and Canada to criminalize women of color and Indigenous women for their reproductive outcomes. The purpose of these systemically produced harms is to sustain cultures of gender-based violence in support of settler colonial configurations of power. (shrink)

We have been oversold on the base rate fallacy in probabilistic judgment from an empirical, normative, and methodological standpoint. At the empirical level, a thorough examination of the base rate literature (including the famous lawyer–engineer problem) does not support the conventional wisdom that people routinely ignore base rates. Quite the contrary, the literature shows that base rates are almost always used and that their degree of use depends on task structure and representation. Specifically, base rates play a relatively larger role (...) in tasks where base rates are implicitly learned or can be represented in frequentist terms. Base rates are also used more when they are reliable and relatively more diagnostic than available individuating information. At the normative level, the base rate fallacy should be rejected because few tasks map unambiguously into the narrow framework that is held up as the standard of good decision making. Mechanical applications of Bayes's theorem to identify performance errors are inappropriate when (1) key assumptions of the model are either unchecked or grossly violated, and (2) no attempt is made to identify the decision maker's goals, values, and task assumptions. Methodologically, the current approach is criticized for its failure to consider how the ambiguous, unreliable, and unstable base rates of the real world are and should be used. Where decision makers' assumptions and goals vary, and where performance criteria are complex, the traditional Bayesian standard is insufficient. Even where predictive accuracy is the goal in commonly defined problems, there may be situations (e.g., informationally redundant environments) in which base rates can be ignored with impunity. A more ecologically valid research program is called for. This program should emphasize the development of prescriptive theory in rich, realistic decision environments. (shrink)

With their prospect for causing both novel and known forms of damage, harm and injury, the issue of responsibility has been a recurring theme in the debate concerning autonomous vehicles. Yet, the discussion of responsibility has obscured the finer details both between the underlying concepts of responsibility, and their application to the interaction between human beings and artificial decision-making entities. By developing meaningful distinctions and examining their ramifications, this article contributes to this debate by refining the underlying concepts that together (...) inform the idea of responsibility. Two different approaches are offered to the question of responsibility and autonomous vehicles: targeting and risk distribution. The article then introduces a thought experiment which situates autonomous vehicles within the context of crash optimisation impulses and coordinated or networked decision-making. It argues that guiding ethical frameworks overlook compound or aggregated effects which may arise, and which can lead to subtle forms of structural discrimination. Insofar as such effects remain unrecognised by the legal systems relied upon to remedy them, the potential for societal inequalities is increased and entrenched, situations of injustice and impunity may be unwittingly maintained. This second set of concerns may represent a hitherto overlooked type of responsibility gap arising from inadequate accountability processes capable of challenging systemic risk displacement. (shrink)

Much of the recent scholarship on the problem of political accountability in Africa leans toward the proposition that it is largely a post-colonial phenomenon that was caused by the destruction of the democratic institutions that were inherited by Africa's political elites. By replacing the democratic institutions they inherited from European colonial powers with quasi-democratic and downright despotic structures, it is argued that African elites became increasingly unaccountable and, in the process, destroyed their otherwise robust economies and impoverished the vast majority (...) of their citizens. In reality, however, the problem of political accountability in Africa is far more complex than that in its origins, character and manifestations. This paper critically examines notions and models of political accountability to demonstrate that the sources of the problem of accountability in Africa are both domestic and external. I argue that, contrary to widespread perception that African states suffer from impunity and lack of accountability, African governments have demonstrated a remarkable degree of responsiveness or accountability in their external relations while remaining virtually unaccountable to their own citizens. Therefore, the solution to the problem of political accountability in Africa should include a combination of internal reforms as well as the concerted support of the international community to generate a robust and sustained demand for accountability of African governments to their citizens. (shrink)

This paper gives a novel reading of the argument addressed by the Laws of Athens to Socrates in Plato's Crito. Many philosophers have suggested that the argument of the Laws is merely a weak 'rhetorical sop' to Crito. However, I offer an interpretation of that argument that brings out its plausibility, particularly in the context of the post-Oligarchic demos of early fourth-century Athens. For on Crito's plan, Socrates would have undermined a critical form of civic trust in Athens, not by (...) merely disobeying the sentence imposed on him by the jury, but by openly displaying the legal impunity of the rich. -/- We can call this 'legal trust.' By that coinage, I mean citizens' faith in their fellow citizens' willingness and ability to collectively defend the law---to enforce it against the powerful, and refrain from acting to undermine that capacity. When the members of a democratic political community recognize one another's commitment to their legal system, they are able to defend the laws that hold their democracy together; in such a state, the laws are both conceptually constitutive of democratic authority and practically necessary for democracy. -/- Taken in the context of the strategic structure of the Athenian legal system, in the appeal to the filial loyalty Socrates owed the Laws we can see just such an account of the interweaving of law, trust, and citizenship in the preservation of a democracy. The Laws demand that Socrates be trustworthy, and thereby refrain from undermining his fellow citizens' trust in them, where that trust is necessary for the citizens' collective defense of the democratic legal system; they make this demand on Socrates in virtue of the Laws' role in Socrates's identity as citizen. (shrink)

Free-will incompatibilism has become a motte-and-bailey doctrine (Shackel 2014), and is currently being maintained by standard motte-and-bailey strategies. In this paper, I explain why incompatibilism has a motte-and-bailey structure and why philosophers who do not aim to dismantle it are complicit in both the maintenance of this problematic doctrine and the normalization of a host of bad practices engaged in by those who actively exploit it. To solidify the diagnosis, I provide a paradigmatic motte-and-baileying case that has been ongoing for (...) over a decade. Specifically, I discuss how motte-and-baileying has generated widespread confusion surrounding the logical structure and conclusion of manipulation arguments. Even more specifically, I look at Mele's so-called "Zygote Argument for incompatibilism". I point out that Mele currently conflates under two distinct arguments with different logical forms and substantively different conclusions under that heading, and explain how this has needlessly impeded progress in the free-will debate. The original variant of the Zygote Argument was invalid because it aimed to establish that determinism precludes (destroys, undermines, is antagonistic to) free will, but its supported a far weaker non-explanatory conclusion. In direct response to this invalidity objection, Mele took his critic's suggestion to change the conclusion of his argument to the thesis that free will and determinism are perhaps spuriously associated -- but he also covertly changed his preferred definition of 'incompatibilism' to pick out the non-explanatory conclusion of the new variant of the Zygote Argument which allowed him to continue speaking AS IF his argument was still an argument for incompatibilism according to his original definition of 'incompatibilism'. It is not simply that Mele made these changes or that he failed to mention in print that he made them (despite having over a decade to do so), but that he has actively attempted to discredit his critics by insisting--contrary to fact--that those who do not use his negative definition of 'incompatibilism' are using the term in a nonstandard and nontraditional way that he has "never had any use for" and there is some kind of connection (which he does describe) between the invalidity objection to his original argument that the definition of 'incompatibilism' one prefers. Oddly, Mele has mentioned only one "invalidity objection" in print, but this objection is direct at the revised Zygote Argument--even though no one had ever pressed an invalidity objection to his new argument (the form of which is patently valid). As a direct result of Mele's evasive behaviors (covertly redefining jargon to cover changes to the form/conclusion of his argument), many people--including Mele's own former graduate students--have published articles in which they fail to recognize that Mele changed his argument and redefined terms, thereby perpetuating the false narrative that the new Zygote Argument has the same "incompatibilist" conclusion as the original (which, notably, had the same conclusion as its predecessor, Pereboom's Four-Case Argument). Moreover, Mele has not even ONCE corrected those who "misdescribe" his revised argument as concluding that determinism is antagonstic to (precludes, undermines, rules out, etc.) free will. For example, Mele never corrects those who mistakenly claim that the revised Zygote Argument has the same "incompatibilist" conclusion as Pereboom's, nor has Mele ever mentioned that he now defines the term 'incompatibilism' differently than Pereboom--since Pereboom since uses this term to refer to the explanatory conclusion of the original Zygote Argument, which had the same explanatory conclusion of his Four-Case Argument. To further throttle his critics, Mele has obliquely suggested that the invalidity objection to his original Zygote Argument works only if one accepts his critic's idiosyncratic definition of 'incompatibilism' -- a patently false charge (since the term 'incompatibilism' doesn't even appear in his arguments) and one that has needlessly confused his audience. Indeed, other philosophers have now made this false and quite indefensible accusation explicitly in print, thereby helping Mele and others to continue motte-and-baileying with impunity. I close by preemptively responding to strategies commonly used by motte-and-bailey apologists to suppress legitimate criticisms of their equivocation and well-poisoning strategies (e.g. "Philosophers are allowed to define their technical terms however they like" and "the motte/bailey divide is a distinction without a difference") which have hitherto kept their philosophical audience from participating in a legitimate discussion about why tracking the distinction between the the "motte" thesis (a negative, arguably spurious association claim) and the "bailey" thesis (a positive explanatory claim) is not trivial, but is instead one that is absolutely essential to making progress in the free-will debate. Of course, a single critic cannot (almost by definition) undermine a motte-and-bailey doctrine once it has been established. As such, even if every diagnosis in this essay is accurate, it will not change the discourse. The motte-and-baileying will continue, and the debate will remain in needless deadlock, until a critical threshold of OBSERVERS learn about the motte/bailey distinction and ask apologists for motte-and-bailey incompatibilism to stop their motte-and-baileying. -/- Manuscript available upon request, plz gmail me: kristin.mickelson.42@. (shrink)

Grassmann n’est pas le premier à créer un nouveau calcul :Möbius, Hamilton, Bellavitis, Cauchy, et bien d’autres l’ont précédé dans cette voie qui témoigne de toute l’importance des mutations subies par l’algèbre et de l’évolution des rapports complexes entretenus entre ce domaine et son « exacte contrepartie » la Géométrie euclidienne : à l’heure où s’élaborent les premières « structures » et les « morphismes », la géométrie euclidienne perd son statut de « critère de vérité » et d’« existence (...) » des entités algébriques, notamment dénoncé par un prétendu « retour à la rigueur ».L’introduction « philosophique », décriée par ses contemporains ne voyant là que « fausse philosophie », ne pouvait être impunément écartée : la « seconde » Ausdehnungslehre de 1862 (A2) — pourtant proposée telle une nouvelle version rédigée conformément au style « souhaité » par son époque — ne conviendra pas plus à ses trop rares lecteurs. Tout lecteur averti reconnaît que A2ne peut être parfaitement entendu sans les nécessaires éclaircissements de A1.Trois points nous paraissent aujourd’hui significatifs :– L’Ausdehnungslehre est une science formelle qui trouve sa place dans le système mathématique de Grassmann. Ce système « améliore » celui déjà classique (notamment connu du père de Grassmann) qui résulte du croisement entre les deux contrastes fluants « continu/discret » et « distinct/égal ».– L’Ausdehnungslehre admet la géométrie comme première « application » remarquable. La géométrie [Geometrie] (ou encore la théorie de l’espace [Raumlehre]) est devenue une science réelle (l’espace préexiste), elle ne peut donc légitimement figurer au sein de la mathématique pure.– Une partie précède la séparation en les quatre branches précédentes de la mathématique pure (ou théorie des formes). La théorie générale des formes présente leurs lois communes, soit cette série de vérités qui, de la même manière se rapportent à toutes les branches des mathématiques et qui ne supposent donc que les concepts généraux d égalité, de diversité, de liaison et de séparation. (shrink)

Grassmann n’est pas le premier à créer un nouveau calcul :Möbius, Hamilton, Bellavitis, Cauchy, et bien d’autres l’ont précédé dans cette voie qui témoigne de toute l’importance des mutations subies par l’algèbre et de l’évolution des rapports complexes entretenus entre ce domaine et son « exacte contrepartie » la Géométrie euclidienne : à l’heure où s’élaborent les premières « structures » et les « morphismes », la géométrie euclidienne perd son statut de « critère de vérité » et d’« existence (...) » des entités algébriques, notamment dénoncé par un prétendu « retour à la rigueur ».L’introduction « philosophique », décriée par ses contemporains ne voyant là que « fausse philosophie », ne pouvait être impunément écartée : la « seconde » Ausdehnungslehre de 1862 (A2) — pourtant proposée telle une nouvelle version rédigée conformément au style « souhaité » par son époque — ne conviendra pas plus à ses trop rares lecteurs. Tout lecteur averti reconnaît que A2ne peut être parfaitement entendu sans les nécessaires éclaircissements de A1.Trois points nous paraissent aujourd’hui significatifs :– L’Ausdehnungslehre est une science formelle qui trouve sa place dans le système mathématique de Grassmann. Ce système « améliore » celui déjà classique (notamment connu du père de Grassmann) qui résulte du croisement entre les deux contrastes fluants « continu/discret » et « distinct/égal ».– L’Ausdehnungslehre admet la géométrie comme première « application » remarquable. La géométrie [Geometrie] (ou encore la théorie de l’espace [Raumlehre]) est devenue une science réelle (l’espace préexiste), elle ne peut donc légitimement figurer au sein de la mathématique pure.– Une partie précède la séparation en les quatre branches précédentes de la mathématique pure (ou théorie des formes). La théorie générale des formes présente leurs lois communes, soit cette série de vérités qui, de la même manière se rapportent à toutes les branches des mathématiques et qui ne supposent donc que les concepts généraux d égalité, de diversité, de liaison et de séparation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Winnicott’s “Fear of Breakdown” : On and Beyond TraumaMax Hernandez (bio)y no hallé cosa en que posar los ojos / que no fuese recuerdo de la muerte[I could find no thing on which to rest my eyes / which was not a reminder of death]—Francisco de Quevedo, “Sonetos”The ubiquitous occurrence of violent events and the growing realization that the inscription of this violence in the psyches of those exposed (...) to these events remains to be known have helped to make trauma an emblematic issue at the end of a century saturated with unprecedented wounding events [see Caruth, Unclaimed Experience].1 Trauma’s enigmatic immediacy thrusts itself upon any attempt to encompass it within a theory. It is as though no one approximates (even the study of) trauma with impunity: complex affects are stirred. A precipitous interplay of cognitive and affective dispositions, a heightened tension between the intense identifications elicited and the need experienced for some protective distance from the pain evoked undermine the stability of the boundaries between witnessing and telling, event and historical narration, narrative and reading. Hence the ambivalent appeal of the notion of trauma for the historian as well as for the cultural and literary theorist.The most cursory description of trauma reflects the complex temporal structure that punctuates the psyche’s relation to the traumatic event. The asymmetrical relation between experience and memory and the gross disparity between their affective and cognitive components are evident at once. Trauma has been characterized by virtue of the disjunctions it manifests. Its very formulation bears the mark of a construction emerging as the narrative of a belated experience.2 In recent publications on trauma, the references to the works of Freud, Janet, Kardiner, Lacan, and Laplanche take pride of place. Also noticeable is the emphasis placed on certain psychoanalytic notions: deferred action, death instinct, repetition compulsion, the real.Along with the explorations of trauma by psychoanalysts, historians, and literary theorists and the ethical issues they bring to the fore, the research of neurobiologists and cognitive scientists has raised a number of epistemological issues. A new wave of radical questioning of psychoanalysis comparable to that of the beginnings of this century shows its force today. The notions of repression and the repressed are considered logical impossibilities; the operations of the unconscious are deemed entirely inexplicable; and [End Page 134] defense mechanisms are considered to be mere verbal paradoxes. In what appears to be a species of defensive tactics, a supposedly neurophysiological rephrasing of psychoanalysis is taking place in some quarters, seemingly oblivious to the possibility of profoundly altering the very cohesion of this theory through the process of revision.Otto Fenichel in the thirties and Masud Khan in the sixties have provided us with succinct yet comprehensive overviews of the manner in which, since the very beginnings of psychoanalysis, every phase of theory making has influenced and reciprocally been influenced by the current concept of trauma and its clinical evaluation. It could be said that psychoanalytic theories are themselves organized around some sort of trauma. This is clearly the case in Freud’s theorizing. After his initial theory where the interrelated aspects of trauma, repression, and symptom formation became problematic, he arrived at the conclusion that castration constituted what might be termed a nuclear structuring trauma. An analogous theoretical point is implied in the Lacanian notion of the splitting of the subject. A normative trauma defines the limits of these theories and establishes a fixed relation between historical structural events. One has to shift perspectives in reading the works of those analysts concerned particularly with object relations. For example, Melanie Klein’s clinical researches on early childhood led her to postulate that the traumatic pathogenic situation par excellence is the overriding triumph of the death instinct. Winnicott understood this situation as entailing the annihilation of the core self by intrusion, while defining the traumatic impingement as the failure of the holding environment.It is relevant to comment on these different perspectives, as they afford the psychoanalytic clinician the possibility of differentiating between structuring (sexual) trauma and narcissistic trauma. When the sexual seduction trauma theory was displaced by the theory that privileged psychic reality, the Oedipus complex became... (shrink)

Corporations despite their status as legally fictitious persons are not such, and to confound them with real persons in even the minimal legal sense is to negate much of the force of the concept of rights when applied to the society. When corporations have rights individual rights become meaningless. While corporations may need some form of protection to make them financially feasible investments, they need not be given the full protection of rights which are assigned to the individual. A much (...) attenuated version of corporate rights is warranted. I would argue against Werhane's notion of a corporation possessing “secondary rights” which can be asserted only after the claims of individual rights have been met. Ibid., p. 62.One solution to the problems raised in this essay would be to ascribe rights to individuals only. This could occur without interfering with the financial independence of the corporation by a simple legal prescription that individuals within a corporation be held responsible for their activities and that the corporation p e r se not be blamed for individual actions. This is consistent with the judgments against the Nazi war criminals who were denied the defense of justifying their actions on the basis of following orders. Responsibility for those actions which are the result of the workings of the “invisible hand” cannot be ascribed to any individual or group of individuals. Donaldson is helpful on this point in recommending an “office of social responsibility” be created as part of the corporation to monitor those actions which otherwise escape scrutiny. Donaldson, Corporations and Morality, p. 207.A more radical solution is to restructure the corporation in such a way as to introduce the element of democracy in the workplace. Opponents would argue that such a practice would diminish the profit-making potential of the corporation by limiting the discretion of the corporate officers in making decisions. Similar arguments have been advanced against the democratic state. Yet democratic states have proven to be viable institutions capable of effective action and demonstrably more survivable than the authoritarian regimes which are the analogs of the corporation.Given the current hierarchical structure of the corporation and its ability to dissolve in the face of questions of responsibility, individual accountability is the only viable solution. This requires that members of the corporation not find cover behind the “invisible hand.” This in turn necessitates the granting of a greater degree of discretionary power to corporate functionaries at all levels. We cannot be responsible for a state of affairs over which we have no effective control. The courts would make the ultimate decision as to the assignation of responsibility in particular cases of corporate crime, with the stipulation that the ascription be to an individual and not “the corporation.” By making corporate officers individually responsible for their actions a much more effective deterrent to corporate crimes would be created. Corporations can easily afford most of the fines that are imposed on them, and corporations cannot be put in prison.The view of the corporation advanced here puts it in a legal and moral position greatly inferior to that of the individual as well as the state. Consequently, corporate needs and welfare must remain a tertiary concern. The rights of the individual must figure primarily, and the welfare of the state as preserver of those rights secondarily, in social policy decisions. The libertarian vision of the corporation is therefore a misguided result of the conflation of the corporation and the individual in the legal and moral realms. Corporations and individuals are ontologically distinct entities and must be recognized as such. The failure to do so has enabled corporations to abrogate individual rights with legal and moral impunity. Such a situation is inconsistent with the demands of a rights-based democracy. (shrink)

A central question of this chapter is how we can relate the unique ethos of Japan to the ways that influences of international bioethics, civil rights and legal reforms have shifted medical research in Japan from the legacy of the structured paternalism and impunity that allowed abuses to be committed by medical researchers in the World War II era, including in Unit 731 and in medical schools in Japan, to contemporary research agendas and policies. Throughout the twentieth century, Japan (...) has been a centre of research and innovation. The pro-technology attitudes still exist in current Japan, with the evolution of bioethics. Although we can trace the origins of bioethics in Japan back through millennia, with the Ainu indigenous practices and relationships to nature, the sophisticated hierarchical relationships expressed in the seventh century A.D. book the Kojiki, the conversion of forest to rice paddies, emergence of an integrated religious system including Shintoism and Buddhism, and the sophisticated class system supported by linguistics and social relationships, this chapter would argue that one of the most influential influence for this question is the Samurai tradition. This tradition values both autonomy and informed choice, while also allowing the legacy of tolerance of the elite classes to make decisions that may sacrifice some persons for the greater good. While principles of solidarity and social justice are a solid basis for universal health insurance they also allow sacrifices when necessary. Informed consent is now widely accepted, and bioethics is part of a transition which is transforming Japanese society from a paternalistic society to an individualistic one. Among the issues that will be used to illustrate the situation, are the functioning of research ethics committees, large gene bank and epidemiological projects, organ transplantation, truth telling, euthanasia and the public health measures such as mask wearing in the current COIVD-19 pandemic. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:To Shape a New World: Essays on the Political Philosophy of Martin Luther King, Jr. ed. by Tommie Shelby and Brandon M. TerryErin R. PinedaTommie Shelby and Brandon M. Terry, editors. To Shape a New World: Essays on the Political Philosophy of Martin Luther King, Jr. Cambridge, MA: Harvard University Press, 2020. Pp. 464. Paperback, $20.00.In the summer of 2020, as cities across the globe erupted in protest (...) after the murder of George Floyd, references to Martin Luther King, Jr. abounded: while a familiar cast of politicians evoked his memory to scold riotous protestors, others issued King's rejoinder that "the riot is the language of the unheard" (King, "The Other America," 1967). Many such invocations no doubt smacked of the "ritual celebration" and "intellectual marginalization" [End Page 339] that, as Tommie Shelby and Brandon M. Terry observe, have long marked King's reception as a political thinker (2). But in another sense, the seemingly inevitable return to King points to the significant stakes of taking his thought seriously and the political danger of laying claim to interpretive mastery. Struggles over King's legacy and the terms of his thought are not just about King but form part of the discursive terrain on which struggles over the demands of racial justice and the means of transformative collective action are waged.Shelby and Terry's ambitious, illuminating volume, To Shape a New World, first published in 2018 (timed to mark the fiftieth anniversary of King's assassination) and released as paperback in 2020 (amidst the George Floyd uprisings), invites us to take King seriously in just this sense: with an acute sensitivity to the stakes and an embrace of an interpretive pluralism that refuses the certainty of a singular, definitive reading. The collection facilitates rigorous engagement with King's thought in its own time and place but also presses the question of what we ought to do with it in this current "age of impunity and mendacity," standing amid the "unraveling" edges of "American empire," as Cornel West puts it (331). In posing and answering this question across its fifteen essays, the collection seeks to do justice to King as both a political philosopher and a political activist—a religious and political thinker whose philosophies were worked out not only behind the pulpit or within the academy, but also (and perhaps primarily) in concert with others on the field of political action. Indeed, one of its primary contributions is to challenge mainstream presumptions about what counts as political philosophy—its boundaries as a genre as well as the spaces where we imagine political philosophizing to happen and the figures we position as its primary producers.The volume is organized into four sections. The first, "Traditions," is devoted to exploring some of King's diverse intellectual influences. Here, the emphasis is less on making the case for particular traditions as the essential ones, and more on exploring the use of different interpretive lenses for shedding new light on his ideas. Three essays put King in context with thinkers he directly engaged: Robert Gooding-Williams places him in conversation with W. E. B. Du Bois and Booker T. Washington to reveal the structure of King's account of dignity amid the constraints of racial injustice; Bernard Boxill shows how King's theory of civil disobedience builds on—and collectivizes—Frederick Douglass's account of comparative freedom; and Karuna Mantena explores the theory of nonviolent action that King, through figures like Benjamin Mays and Howard Thurman, adopted and adapted from Gandhi. In contrast, Paul Taylor argues that we should read King in the company of moral perfectionists Stanley Cavell and Christopher Lebron—as showing us how practices of self-criticism, self-transformation, and experimentation enable "citizens to remain dissatisfied with things as they stand" while remaining "open to the possibility that justice will require reconstructing both society and the self" (41).In the next section, contributors turn their attention to King's "Ideals"—the ethical and political imperatives that shape the ends and means of the struggle for a new world. Like Mantena, Martha Nussbaum reads King alongside Gandhi to focus on King's insistence on channeling righteous... (shrink)

Is there a duty to prosecute grave international crimes? Many have thought so, even if they recognize the obligation to be defeasible. However, the theoretical literature frequently leaves the grounds for such a duty inadequately specified, or unsystematically amalgamated, leaving it unclear which considerations should drive and shape processes of criminal accountability. Further, the circumstance leaves calls to end impunity vulnerable to skeptical worries concerning the risks and costs of punishing perpetrators. I argue that a qualified duty to prosecute (...) can be substantiated on the basis of a single class of reasons, though also that standard justifications of international criminal law (as currently conceived) are not up to the task. The account exploits the expressive dimension of punishment, but locates the central good of criminal accountability in its capacity to appropriately enable an agential stance on the part of subjects in transitional circumstances. It can legitimate, in a way to be specified, hope. The approach also displays the cynicism of an anti‐impunity ethos in the absence of a robust commitment to securing basic human rights in transitional circumstances. (shrink)

What is the relationship between impunity and economic and social rights? A substantiated expectation of impunity encourages the commission of acts that violate human rights. Using a logistic-multinomial regression model, we find that impunity affects per capita GDP, years of schooling, and life expectancy. An unexpected finding was that different civil and political rights systems, as diverse as those of Norway and Singapore, have similar impacts on both impunity and economic and social rights. Nonetheless, we need (...) to focus on holistic models that strive for protection of all human rights. (shrink)

Resumo Giorgio Agamben tece a genealogia da “vida nua”, no percurso que vai do homo sacer ao Muselmann, do primeiro paradigma da política ocidental à fabricação do morto-vivo, em Auschwitz, como vida insacrificável e impunemente matável. Judith Butler segue argumento semelhante, ao desenvolver o conceito de “vida precária”, com o qual problematiza a separação entre vulnerabilidade universal e formas de produção da precariedade, a distinção entre vidas cujas perdas importam e as indignas de pranto e luto. A finalidade deste artigo (...) consiste em aproximar as concepções dos dois autores, sob a hipótese de que, em ambos, trata-se da fabricação de vidas matáveis, sobre as quais pesa a proibição do luto.Giorgio Agamben weaves the genealogy of “naked Life”, on the path that goes from Homo sacer to Muselmann, from the first paradigm of Western politics to the manufacture of the undead in Auschwitz, as an unexpendable and unpunishable killing life. Judith Butler follows similar argument in developing the concept of “precarious life”, with which problematizes the separation between universal vulnerability and forms of production of precariousness, the distinction between lives whose losses matter and the unworthy of weeping and Mourning. The purpose of this article is to approximate the conceptions of the two authors, under the assumption that in both it is the manufacture of killing lives, on which it weighs the prohibition of grief. (shrink)

Republicans hold that freedom is non-domination rather than non-interference. This entails that any instance of interference that does not involve domination is not freedom-lessening. The case for thinking of freedom as non-domination proceeds mostly by way of a handful of highly compelling cases in which it seems intuitive to say of some person that he or she is unfree despite being in fact free from interference. In this essay, I call attention to a kind of case which directs attention to (...) what seems to me to be a highly counterintuitive element of the republican conception of freedom. (shrink)

An emerging consensus regards domestic amnesties for international crimes as generally inconsistent with international law. This legal consensus rests on a norm against impunity: the chief role of international criminal law, and of the fledgling International Criminal Court , is to end impunity for violators of the worst of criminal acts. But the anti-impunity norm, and the anti-amnesty consensus that has arisen from it, now face serious difficulties. The ICC's role in the ongoing conflict in Northern Uganda (...) illustrates the deadlock that has now emerged between countries wishing to retain the power to use domestic politics and criminal law as tools for negotiation with current or outgoing perpetrators, on the one side, and the ICC's determination to apply a consistent international anti-impunity norm, on the other. The paper argues that the anti-impunity norm itself is based on a narrowly retributivist conception of criminal justice. A broader norm for democratic accountability, by contrast, would continue to prefer prosecutions over amnesties in international law, less for the opportunity for deserved retribution for perpetrators than for the public enactment of the deliberative procedures associated with the rule of law.Keywords: amnesty; impunity; international law; international criminal court. (shrink)

International criminal law is dedicated to the battle against impunity. However, the concept of impunity lacks clarity. Providing that clarity also reveals challenges for the current state and future prospects of the project of ICL, which this article frames in cosmopolitan terms. The ‘impunity norm’ of ICL is generally presented in a deontic form. It holds that impunity for perpetrators of international crimes is a wrong so profound that states and international bodies have a pro tanto (...) duty to prosecute and punish perpetrators, a duty that cannot be overridden by considerations of cost, including the costs of infringing on the traditionally understood legal sovereignty of states. This deontic reading of the impunity norm is difficult to justify, a fact linked to the waning fortunes of ICL over the past several years. If ICL is to reverse this trend, the impunity norm’s strongly deontic reading should be replaced by a version derived from deliberative principles. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 32.3-4 (2002) 33-59 [Access article in PDF] Amnesty or Impunity? A Preliminary Critique of the Report of the Truth and Reconciliation Commission of South Africa (TRC) Mahmood Mamdani The Truth and Reconciliation Commission of South Africa was the fruit of a political compromise whose terms both made possible the Commission and set the limits within which it would work. These limits, in turn, defined the space available (...) to the Commission to interpret its terms of reference and define its agenda. This paper takes the compromise legislation that set up the TRC as a historical given and focuses attention on the TRC's interpretation of its terms of reference.The TRC claimed to be different from its predecessors, whether in Latin America or Eastern Europe. It would practice neither impunity nor vengeance. It was therefore determined to avoid two pitfalls: on the one hand, reconciliation becoming an unprincipled embrace of political evil and, on the other hand, a pursuit of justice so relentless as to turn into revenge. To do so, the Commission was determined to address both "victims" and "perpetrators," not just one or the other.This double determination was first written into the interim constitution that paved the way for the legislation that set up the TRC. First, there would be no blanket amnesty. Amnesty would be conditional. It would not be a group amnesty. Every perpetrator would have to be identified individually, and would have to own up to his or her guilt—the truth—before receiving amnesty from legal prosecution. Second, any victim who is so acknowledged would give up the right to prosecute perpetrators in courts of law. Justice for the victim would thus not be criminal but restorative: acknowledgment would be followed by reparations. In sum, individual amnesty for the perpetrator, truth for the society, and acknowledgement and reparations for the victim—this was the pact built into the legislation that set up the TRC.Since the Act did not clearly define "victim," however, the definition of "perpetrator" was unclear as well. The task of defining "victim" and "perpetrator" was left to the Commission and was the single most important decision that determined the scope and depth of the Commission's work. Without a comprehensive acknowledgment of victims of apartheid, there would be only a limited identification of perpetrators and only a partial understanding of the legal regime that made possible the "crime against humanity." From this perspective, the paper identifies three key limitations in the Commission's Report.First, the TRC individualized the victims of apartheid. Though it acknowledged apartheid as a "crime against humanity" which targeted entire communities for ethnic and racial policing and cleansing, the Commission majority was reluctant to go beyond the formal acknowledgment. The Commission's analysis reduced apartheid from a relationship between the state and entire communities to one between the state and [End Page 33] individuals. Where entire communities were victims of gross violations of rights, the Commission acknowledged only individual victims. If the "crime against humanity" involved a targeting of entire communities for racial and ethnic cleansing and policing, individualizing the victim obliterated this particular—many would argue central—characteristic of apartheid. Limiting the definition of harm and remedy to individuals center-staged political activists as victims of apartheid, as indeed happened with the victim hearings. The consequence was to narrow the TRC perspective to a political reconciliation between state agents and political activists, individual members of a fractured political elite, rather than the "national unity and reconciliation" mandated by the legislation that set it up. To pursue its actual mandate, the TRC needed to broaden its perspective: to work for a social reconciliation between perpetrators and victims required that the relationship between the state and the entire South African people be addressed.Second, by focusing on individuals and obscuring the victimization of communities, the TRC was unable to highlight the bifurcated nature of apartheid as a form of power that governed natives differently from non-natives. If the apartheid state spoke the language of rights to... (shrink)

At the time of his death in May 1961, Maurice Merleau-Ponty held the chair of Philosophy at the College de France. Together with Jean-Paul Sartre and Simone de Beauvoir, he was cofounder of the successful and influential review Les Temps Modernes. However, after Merleau-Ponty's two studies of Marxist theory and practice (Humanisme et Terreur and Les Aventures de la Dialectique), he alienated both orthodox Marxists and "mandarins of the left" such as Sartre and de Beauvoir. Perhaps his most lasting contribution (...) to the interpretation of human existence was his formulation of a positive philosophical approach to psychology the foundations of which were clearly outlined in The Structure of Behavior and later more fully developed in Phenomenology of Perception. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 32.3-4 (2002) 33-59 [Access article in PDF] Amnesty or Impunity? A Preliminary Critique of the Report of the Truth and Reconciliation Commission of South Africa (TRC) Mahmood Mamdani The Truth and Reconciliation Commission of South Africa was the fruit of a political compromise whose terms both made possible the Commission and set the limits within which it would work. These limits, in turn, defined the space available (...) to the Commission to interpret its terms of reference and define its agenda. This paper takes the compromise legislation that set up the TRC as a historical given and focuses attention on the TRC's interpretation of its terms of reference.The TRC claimed to be different from its predecessors, whether in Latin America or Eastern Europe. It would practice neither impunity nor vengeance. It was therefore determined to avoid two pitfalls: on the one hand, reconciliation becoming an unprincipled embrace of political evil and, on the other hand, a pursuit of justice so relentless as to turn into revenge. To do so, the Commission was determined to address both "victims" and "perpetrators," not just one or the other.This double determination was first written into the interim constitution that paved the way for the legislation that set up the TRC. First, there would be no blanket amnesty. Amnesty would be conditional. It would not be a group amnesty. Every perpetrator would have to be identified individually, and would have to own up to his or her guilt—the truth—before receiving amnesty from legal prosecution. Second, any victim who is so acknowledged would give up the right to prosecute perpetrators in courts of law. Justice for the victim would thus not be criminal but restorative: acknowledgment would be followed by reparations. In sum, individual amnesty for the perpetrator, truth for the society, and acknowledgement and reparations for the victim—this was the pact built into the legislation that set up the TRC.Since the Act did not clearly define "victim," however, the definition of "perpetrator" was unclear as well. The task of defining "victim" and "perpetrator" was left to the Commission and was the single most important decision that determined the scope and depth of the Commission's work. Without a comprehensive acknowledgment of victims of apartheid, there would be only a limited identification of perpetrators and only a partial understanding of the legal regime that made possible the "crime against humanity." From this perspective, the paper identifies three key limitations in the Commission's Report.First, the TRC individualized the victims of apartheid. Though it acknowledged apartheid as a "crime against humanity" which targeted entire communities for ethnic and racial policing and cleansing, the Commission majority was reluctant to go beyond the formal acknowledgment. The Commission's analysis reduced apartheid from a relationship between the state and entire communities to one between the state and [End Page 33] individuals. Where entire communities were victims of gross violations of rights, the Commission acknowledged only individual victims. If the "crime against humanity" involved a targeting of entire communities for racial and ethnic cleansing and policing, individualizing the victim obliterated this particular—many would argue central—characteristic of apartheid. Limiting the definition of harm and remedy to individuals center-staged political activists as victims of apartheid, as indeed happened with the victim hearings. The consequence was to narrow the TRC perspective to a political reconciliation between state agents and political activists, individual members of a fractured political elite, rather than the "national unity and reconciliation" mandated by the legislation that set it up. To pursue its actual mandate, the TRC needed to broaden its perspective: to work for a social reconciliation between perpetrators and victims required that the relationship between the state and the entire South African people be addressed.Second, by focusing on individuals and obscuring the victimization of communities, the TRC was unable to highlight the bifurcated nature of apartheid as a form of power that governed natives differently from non-natives. If the apartheid state spoke the language of rights to... (shrink)

Whether or not quantum physics can account for molecular structure is a matter of considerable controversy. Three of the problems raised in this regard are the problems of molecular structure. We argue that these problems are just special cases of the measurement problem of quantum mechanics: insofar as the measurement problem is solved, the problems of molecular structure are resolved as well. In addition, we explore one consequence of our argument: that claims about the reduction or emergence of molecular structure (...) cannot be settled independently of the choice of a particular resolution to the measurement problem. Specifically, we consider how three standard putative solutions to the measurement problem inform our under- standing of a molecule in isolation, as well as of chemistry’s relation to quantum physics. (shrink)

The central problem of social theory is 'structure and agency'. How do the objective features of society influence human agents? Determinism is not the answer, nor is conditioning as currently conceptualised. It accentuates the way structure and culture shape the social context in which individuals operate, but it neglects our personal capacity to define what we care about most and to establish a modus vivendi expressive of our concerns. Through inner dialogue, 'the internal conversation', individuals reflect upon their social situation (...) in the light of current concerns and projects. On the basis of a series of unique, in-depth interviews, Archer identifies three distinctive forms of internal conversation. These govern agents' responses to social conditioning, their individual patterns of social mobility and whether or not they contribute to social stability or change. Thus the internal conversation is seen as being the missing link between society and the individual, structure and agency. (shrink)

International criminal law is dedicated to the battle against impunity. However, the concept of impunity lacks clarity. Providing that clarity also reveals challenges for the current state and future prospects of the project of ICL, which this article frames in cosmopolitan terms. The ‘impunity norm’ of ICL is generally presented in a deontic form. It holds that impunity for perpetrators of international crimes is a wrong so profound that states and international bodies have a pro tanto (...) duty to prosecute and punish perpetrators, a duty that cannot be overridden by considerations of cost, including the costs of infringing on the traditionally understood legal sovereignty of states. This deontic reading of the impunity norm is difficult to justify, a fact linked to the waning fortunes of ICL over the past several years. If ICL is to reverse this trend, the impunity norm’s strongly deontic reading should be replaced by a version derived from deliberative principles. (shrink)

What is structural rationality? Specifically, what is the distinctive feature of structural requirements of rationality? Some philosophers have argued, roughly, that the distinctive feature of structural requirements is coherence. But what does coherence mean, exactly? Or, at least, what do structuralists about rationality have in mind when they claim that structural rationality is coherence? This issue matters for making progress in various active debates concerning rationality. In this paper, I analyze three strategies for figuring out what (...) coherence means in the debates on structural rationality. I argue that these strategies face problems. (shrink)

Structural realism is considered by many realists and antirealists alike as the most defensible form of scientific realism. There are now many forms of structural realism and an extensive literature about them. There are interesting connections with debates in metaphysics, philosophy of physics and philosophy of mathematics. This entry is intended to be a comprehensive survey of the field.

Although they are continually compositionally reconstituted and reconfigured, organisms nonetheless persist as ontologically unified beings over time – but in virtue of what? A common answer is: in virtue of their continued possession of the capacity for morphological invariance which persists through, and in spite of, their mereological alteration. While we acknowledge that organisms‟ capacity for the “stability of form” – homeostasis - is an important aspect of their diachronic unity, we argue that this capacity is derived from, and grounded (...) in a more primitive one – namely, the homeodynamic capacity for the “specified variation of form”. In introducing a novel type of causal power – a „structural power‟ – we claim that it is the persistence of their dynamic potential to produce a specified series of structurally adaptive morphologies which grounds organisms‟ privileged status as metaphysically “one over many” over time. (shrink)

There is good reason to believe that scientific realism requires a commitment to the objective modal structure of the physical world. Causality, equilibrium, laws of nature, and probability all feature prominently in scientific theory and explanation, and each one is a modal notion. If we are committed to the content of our best scientific theories, we must accept the modal nature of the physical world. But what does the scientific realist’s commitment to physical modality require? We consider whether scientific realism (...) is compatible with Humeanism about the laws of nature, and we conclude that it is not. We specifically identify three major problems for the best-systems account of lawhood: its central concept of strength cannot be formulated non-circularly, it cannot offer a satisfactory account of the laws of the special sciences, and it can offer no explanation of the success of inductive inference. In addition, Humeanism fails to be naturalistically motivated. For these reasons, we conclude that the scientific realist must embrace natural necessity. (shrink)

Ontic Structural Realism is a version of realism about science according to which by positing the existence of structures, understood as basic components of reality, one can resolve central difficulties faced by standard versions of scientific realism. Structures are invoked to respond to two important challenges: one posed by the pessimist meta-induction and the other by the underdetermination of metaphysics by physics, which arises in non-relativistic quantum mechanics. We argue that difficulties in the proper understanding of what a structure (...) is undermines the realist component of the view. Given the difficulties, either realism should be dropped or additional metaphysical components not fully endorsed by science should be incorporated. (shrink)