This collection of thirteen new essays is the first to examine, from a range of disciplinary perspectives, how the new technologies and global reach of the Internet are changing the theory and practice of free speech.

In this paper I develop a systemic discrimination approach to defining a narrowly construed category of ‘hate speech’, as speech that harms to a sufficient degree to warrant government regulation. This is important due to the lack of definitional clarity, and the extraordinarily wide usage, of the term. This article extends current literature on how hate speech can harm by identifying under what circumstances speakers have the capacity to harm, and under what circumstances targets are vulnerable to harm. It also (...) shows how the capacity to harm can be mobile and involve the construction of new targets. Finally, it bridges the gap between conceptual understandings of hate speech and policy designed to regulate it. (shrink)

In this paper I develop a systemic discrimination approach to defining a narrowly construed category of ‘hate speech’, as speech that harms to a sufficient degree to warrant government regulation. This is important due to the lack of definitional clarity, and the extraordinarily wide usage, of the term. This article extends current literature on how hate speech can harm by identifying under what circumstances speakers have the capacity to harm, and under what circumstances targets are vulnerable to harm. It also (...) shows how the capacity to harm can be mobile and involve the construction of new targets. Finally, it bridges the gap between conceptual understandings of hate speech and policy designed to regulate it. (shrink)

_ Source: _Volume 63, Issue 1, pp 64 - 86 Five times in the extant corpus, Aristotle refers to a distinction between two ways of being a ‘that for the sake of which’ that he sometimes marks by using genitive and dative pronouns. Commentators almost universally say that this is the distinction between an aim and beneficiary. I propose that Aristotle had a quite different distinction in mind, namely: that which holds between something and the aim or objective it is (...) in the business of producing or achieving, and that which holds between some instrument and the user of that instrument. (shrink)

Despite his awareness that organisms are well suited to the habitats they are typically found in, Aristotle nowhere tries to explain this. It is unlikely that he thinks this “fit” (as I call it) between organisms and their habitats is simply a lucky coincidence, given how vehemently he rejects that as an explanation of the fit between organisms’ various body parts. But it is quite puzzling that Aristotle never explicitly addresses this, since it is a question that seemed so pressing (...) to later philosophers and biologists such as Darwin. In this paper I offer a solution to that puzzle. As I argue, the type of habitat an organism lives in is partly constitutive of its essence or nature. The reason Aristotle does not ask, for instance, why marsh-dweller birds live in marshes, is that it is simply constitutive of their nature that they do so. Given that habitat is built into a kind’s essence, the answer to such a question is obvious and the question would have seemed to him trivial. By attending to the details of his biological treatises, I show that Aristotle’s conception of a living being’s essence is much more nuanced than one can glean from his discussions in the Physics and Metaphysics alone. (shrink)

Recently scholars have been claiming that Aristotle’s biological explanations treat “facts about matter”—facts such as the degree of heat or amount of fluidity in an organism’s material constitution—as explanatorily basic or “primitive.” That is, these facts about matter are taken to be unexplained, brute facts about organisms, rather than ones that are explained by the organism’s form or essence, as we would have expected from Aristotle’s general commitment to the causal and explanatory priority of form over matter. In this paper, (...) I present three considerations for rejecting the view that facts about matter are primitive. First, there is evidence that those putative unexplained facts about degrees of heat, dryness, fluidity, etc. are, in fact, explained. Second, there are certain cases, such as human intelligence, where it would be quite implausible to consider the explanation in terms of degrees of heat to be starting from what Aristotle considers primitive facts. Third, the idea that facts about matter are as explanatorily primitive as facts about form requires a particular conception of the causal processes that the explanations mirror. But this conception of the causal processes conflicts with the way Aristotle characterizes them in Generation of Animals. There, heat is not treated as a causal factor that works “independently” of soul. In my view, these three considerations provide compelling reason to reject the claim that Aristotle’s biology treats facts about matter as primitive. (shrink)

This paper explores the various ways Aristotle refers to and employs “heat and cold” in his embryology. In my view, scholars are too quick to assume that references to heat and cold are references to matter or an animal’s material nature. More commonly, I argue, Aristotle refers to heat and cold as the “tools” of soul. As I understand it, Aristotle is thinking of heat and cold in many contexts as auxiliary causes by which soul activities (primarily “concoction”) are carried (...) out. This, as I argue, is what it means to call them “tools” of soul. An upshot of this investigation is the fuller picture of Aristotle’s conception of efficient causation it provides in general, and the better understanding of the efficient causal operation of an organism’s nature or soul it provides in particular. (shrink)

Much of the most influential free speech scholarship emphasises that ‘political speech’ warrants the very highest standards of protection because of its centrality to self-governance. This central idea mitigates against efforts to justify the regulation of political speech and renders some egregiously offensive or harmful speech worthy of protection from a theoretical perspective. Yet paradoxically, in practice, in many liberal democracies such speech is routinely restricted. In this paper, I develop an argument that is compatible with both the argument from (...) democracy and the notion of political speech, and that can justify the regulation of hate speech, by joining an understanding of the constitutive role of speech in individuals’ lives derived from Nussbaum's capabilities theory with ideas of democratic deliberation and legitimation drawn from a Habermasian framework. This approach attends to the conditions required at an individual level for democratic legitimation to occur at a social level. It permits the development of a robust theoretical justification for the protection of a broad range of speech. It simultaneously provides a guiding framework for regulatory policy designed to ameliorate the effects of, and inhibit the expression of, that speech, which could imperil the conditions required for individuals to develop their own capabilities and which instantiates anti-democratic practice, and thus discourse, preventing the very communications required to perform democracy from being uttered. Thus, my argument also strengthens and transforms the argument from democracy as a justification for free speech protection more generally. (shrink)

This article argues for an interpretation of Aristotle’s biological account of familial resemblance that allows us to read Aristotle’s embryology as employing the same concept of “form” as he employs in his Metaphysics. The dominant view for the last several decades has been that in order to account for the phenomenon of inherited characteristics, Aristotle’s biology must appeal to a “sub-specific” form, one that includes all of the traits that parents pass on to their offspring. That view, however, is not (...) only inconsistent with Aristotle’s essentialist metaphysics, but it also renders the embryological theory internally inconsistent. The interpretation I offer avoids both inconsistencies, and better coheres with what he actually says in Generation of Animals. (shrink)

The terms ‘hate’ and ‘hatred’ are increasingly used to describe the rationale of a kind of anti-Western terrorist-extremist speech. This discursively links this kind of terrorist-extremist speech with the well-known concept of ‘hate speech’, a link that suggests the two phenomena are more alike than they are unlike. In this article I interrogate the similarities and differences between anti-Western terrorist-extremist speech and hate speech as they manifest in Western liberal democratic states along two axes: to whom the speech is addressed, (...) and how harm is occasioned. Relying on a combination of philosophical conceptions and public policy empirics, I demonstrate that there are significant differences between the two types of speech, especially in their mechanisms of harm. The implications of this analysis are that these differences should be better understood in order to respond appropriately to these two distinct types of harmful speech. (shrink)

How does Aristotle view the production of females? The prevailing view is that Aristotle thinks female births are teleological failures of a process aiming to produce males. However, as I argue, that is not a view Aristotle ever expresses, and it blatantly contradicts what he does explicitly say about female births: Aristotle believes that females are and come to be for the sake of something, namely, reproduction. I argue that an alternative to that prevailing view, according to which the embryo’s (...) sex is determined solely by “non-teleological necessity,” also misrepresents Aristotle’s view. As I show, the explanation Aristotle gives is more sophisticated and less egalitarian than the alternative account allows: There is some sense in which males are, for Aristotle, the “default” result. I offer instead an interpretation that can accommodate the asymmetry between Aristotle’s biological account of the production of males and females, but which does not imply that females are thereby teleological failures. There is no doubt that Aristotle thinks females are inferior to males in many respects. However, if he thinks that inferiority is grounded in biological facts, it is not the fact that females are the results of a failure of form to be realized. (shrink)

Hester Goodenough Gelber is Associate Professor of Religious Studies, Stanford University.

Mimesis as Make-Believe is important reading for everyone interested in the workings of representational art.

This chapter addresses an interpretive question about why Aristotle identifies generation, growth and nourishment as the three distinct functions or activities of nutritive soul. Scholars typically try to explain this by appealing to the shared goal of these activities, though there is no consensus about what that goal is: Does Aristotle think that generation is a way of keeping oneself alive (and thus that the shared goal is self-maintenance), or is nourishment really a quasi-generative activity (and thus that the shared (...) goal is “form (re)production”)? Rather than taking that approach, Gelber offers a different but complementary way of accounting for the unity of these activities, by focussing on the continuity of their shared physiological basis. As it is argued here, the fact that these biological processes form a continuous cycle stems from Aristotle’s adherence, in his biological theory, to principles from his hylomorphic metaphysics. Attending to the details in works such as Generation of Animals that focus on the mechanisms underlying generation, growth and nourishment, it is shown how we can construct a coherent account of the unity of the three nutritive soul activities. (shrink)

This argues for a reading of PA I.1, 639b11-640a9 as a continuous argument, which I divide into 3 main sections. Aristotle’s point in the first section is that teleological explanations should precede non-teleological explanations in the order of exposition. His reasoning is that the ends cited in teleological explanations are definitions, and definitions—which are not subject to further explanation—are appropriate starting points, insofar as they prevent explanations from going on ad infinitum. Moreover, I argue that Aristotle proceeds in the following (...) two sections to criticize certain non-teleological accounts offered by his predecessors on the grounds that they are explanatorily defective: I take Aristotle’s complaints to be that those accounts—unlike teleological explanations—neither begin from appropriate starting points nor entail the phenomena that they purport to explain. Along the way, I am defending an alternative way of understanding what "hypothetical necessity" refers to, for Aristotle. Comments are welcome! (shrink)

This chapter is an examination of the way aporiai are employed in Aristotle’s scientific account of animal reproduction, and how they are resolved. I argue that – surprising as it may be, given what Aristotle says in Metaphysics B about the importance of going through aporiai – there seems to be nothing of much significance about his use of them, at least if we assume that genuine cases of aporiai are being tracked by use of aporia-language. I demonstrate this negative (...) thesis by systematically going through the examples. There seems to be no common purpose for which they are raised, they have no single type of structure, and they are not caused by any one sort of difficulty. (shrink)

In recent years, free speech debates have featured unusually prominently in public debate in Australia. At the same time, significant restrictions on freedom of speech have been enacted in the context of counterterrorism legislation, asylum-seeker policy, and anti-protest laws. This article critically analyses these policy developments through the lens of a capabilities approach-informed analysis of the importance of free speech. This engenders an understanding of the constitutive role of speech in individuals’ lives, and through that its vital role in democratic (...) deliberation and legitimation. I will argue that many of the restrictions placed on free speech in Australia in recent years place democratic processes of deliberation and legitimation at risk. (shrink)

The article describes the evolution of Ockham's theory of mental language and its impact on three of his dominican contemporaries at oxford: Hugh Lawton, William Crathorn and Robert Holcot, and its impact at Paris on the works of Gregory of Rimini and Pierre d'Ailly. Hugh Lawton's critical response to Ockham relied on a liar-like paradox to show that mental language would preclude the ability to lie. Crathorn devised an alternative to Ockham's theory in reaction, whereas Holcot defended Ockham's views. At (...) Paris, the debate suggested a solution to the liar paradox to Gregory of Rimini. (shrink)

Teaches young readers the alphabet through photographs that are featured in the J. Paul Getty Museum.

This paper seeks to remedy in part the lack of empirical studies on practices of.political speech in Australia by investigating local governments’ powers and perceptions of their role in regulating practices of political speech. It reports on the results of an empirical study conducted in 2003–04 of local government regulation of political speech within the public space constituted by pedestrian malls. Regulatory provisions are considered in the context of attitudes towards, and experiences of, practices of political speech within these arenas. (...) I argue that local governments possess wide ranging powers to regulate political speech in pedestrian malls, but further and more importantly that those powers are mediated via their inconsistent and at times arbitrary application, combined with a cultural hostility to political speech. We therefore see a precarious level of protection of opportunities for political communication, as well as an important politico-cultural component in determining the fate of political speech in Australia. I conclude by outlining an alternative ‘enabling principle’ against which local governments may reconsider and reconfigure their regulatory practices in relation to this important political freedom. (shrink)

This chapter defends the property dualism argument. The term “semantic premise” mentioned is used to refers to an assumption identified by Brian Loar that antiphysicalist arguments, such as the property dualism argument, tacitly assume that a statement of property identity that links conceptually independent concepts is true only if at least one concept picks out the property it refers to by connoting a contingent property of that property. It is argued that, the property that does the work in explaining the (...) possibility of a posteriori identities need not be a first-order property of the referent in question. On his view, the property dualism argument requires only a weaker semantic premise, which allows that the property in question be a higher order property. A refined version of the property dualism argument is formulated, which uses the weaker premise, and defends the argument against various objections. (shrink)

In Working Virtue: Virtue Ethics and Contemporary Moral Problems, leading figures in the fields of virtue ethics and ethics come together to present the first ...