U.K. regulation of sexual identity within a marriage context has traditionally been linked to biological sex. In response to the European Court of Human Rights decisions in Goodwin and I.,2 and in order to address the question of whether a transsexual person can be treated as a “real” member of their adoptive sex, the U.K. has recently passed the Gender Recognition Act 2004. While the Act appears to signal a move away from biology and towards a conception of sexual identity (...) based on gender rather than sex, questions of sexual identity remain rooted in medico-legal assessments of the individual transsexual body/mind. In contrast, because transsexual people in some parts of Canada have been able to marry in their post-operative sex since 1990, contemporary debates on the sexual identity of transsexual people in British Columbia and Ontario do not focus on the validity of marriage, and more frequently centre upon the provision of goods and services, in human rights contexts where sex is said to matter. Currently in Canada this is prompting questions of what it means to be a woman in society, how the law should interpret sex and gender, and how, if at all, the parameters of sexual identity should be established in law. This article seeks to compare recent U.K. legal conceptualisations of transsexuality with Canadian law in this area. As human rights discourse begins to grow in the U.K., the question remains as to whether or not gender will become an adequate substitute for sex. (shrink)

This paper examines the interaction of law and policy-making on prostitution, with that of BDSM (bondage and discipline, sadism and masochism). Recent policy and legal shifts in the UK mark out prostitutes as vulnerable and in need of ‘rescue’. BDSM that amounts to actual bodily harm is unlawful in the UK, and calls to decriminalise it are often met with fears that participants will be left vulnerable to abuse. Where women sell BDSM sex, even more complex questions of choice, exploitation, (...) vulnerability, power and agency might be thought to arise. Does the combination of activities take two singular behaviours into the realm of compound harm? Are those who sell BDSM doubly vulnerable in a way that would justify criminal intervention? This paper argues that in imposing categories of vulnerability, the state engages in the heteronormative construction of risky sexual subjects who must be rehabilitated, responsiblised or punished. Through an examination of existing empirical studies on BDSM, the paper offers a feminist critique of the potential criminalisation of commercial BDSM and calls for more research on the lived experiences of those who buy and sell BDSM. (shrink)

This paper argues that Article 8 of the ECHR, as applied to the protection of a person’s right to wear a headscarf, is an inappropriate locus for thrashing out arguments about the right to protection of religious freedom, and that Article 9 allows for a broader legal and political analysis of the multiple meanings and impacts of religion in our lives. However, the law should not prohibit women from wearing the headscarf. Legal regulation of the headscarf should be replaced with (...) robust political debate about the many diverse and intersecting ways in which it is possible to experience womanhood, sexuality, culture, religion, race, nationality and economic security in the twenty-first century. (shrink)

In the case of Bellinger v. Bellingerthe House of Lords has for the first time exercised the power to make a declaration of incompatibility under s. 4 of the Human Rights Act 1998, finding that U.K. law on marriage is in breach of Articles 8 and 12 of the European Convention on Human Rights. This case note argues, however, that despite this decision, and despite also recent judgements of the European Court of Human Rights upholdingthe rights of transsexual people, the (...) principles applied in Bellingerdemonstrate that judicial discourse on transsexuality remains bound within the heterosexual and biological framework of Corbett v. Corbett. (shrink)

In the case of Bellinger v. Bellingerthe House of Lords has for the first time exercised the power to make a declaration of incompatibility under s. 4 of the Human Rights Act 1998, finding that U.K. law on marriage is in breach of Articles 8 and 12 of the European Convention on Human Rights. This case note argues, however, that despite this decision, and despite also recent judgements of the European Court of Human Rights upholdingthe rights of transsexual people, the (...) principles applied in Bellingerdemonstrate that judicial discourse on transsexuality remains bound within the heterosexual and biological framework of Corbett v. Corbett. (shrink)

Michelle Madden Dempsey’s compelling book sets out a normative feminist argument as to why and when prosecutors should continue to pursue prosecutions in domestic violence cases where the victim refuses to participate in or has withdrawn their support for the prosecution. This paper will explore two of the key aspects of her argument—the centrality and definition of the concept of patriarchy, and the definition of domestic violence—before concluding with some final thoughts as to the appropriate parameters of feminist prosecutorial decision-making. (...) The paper argues that Madden Dempsey could offer a more detailed and nuanced argument about the role that patriarchy plays, particularly its relevance in marking out appropriate cases for pursuit; and that her thesis requires a more convincing exposition of the precise reasons for offering such a narrow account of domestic violence. (shrink)

In the original publication of the article, errors in the production stages resulted in Vanessa Munro being listed as sole author.

It’s sometimes suggested that we can (in a sense) settle the truth-value of some statements in the language of number theory by stipulation, adopting either φ or ¬φ as an additional axiom. For example, in Clarke-Doane (2020b) and a series of recent APA presentations, Clarke-Doane suggests that any Σ01 sound expansion of our current arithmetical practice would express a truth. In this paper, I’ll argue that (given a certain popular assumption about the model-theoretic representability of languages like ours) we can’t (...) know ourselves to have any such freedom. (shrink)

In many ways set theory lies at the heart of modern mathematics, and it does powerful work both philosophical and mathematical – as a foundation for the subject. However, certain philosophical problems raise serious doubts about our acceptance of the axioms of set theory. In a detailed and original reassessment of these axioms, Sharon Berry uses a potentialist approach to develop a unified determinate conception of set-theoretic truth that vindicates many of our intuitive expectations regarding set theory. Berry further (...) defends her approach against a number of possible objections, and she shows how a notion of logical possibility that is useful in formulating Potentialist set theory connects in important ways with philosophy of language, metametaphysics and philosophy of science. Her book will appeal to readers with interests in the philosophy of set theory, modal logic, and the role of mathematics in the sciences. (shrink)

Jonathan Swift is best known as a satirist, a poet, and a polemicist, but he was also a historian and his historical vision played a prominent role in his thinking and in his writings. (Marshall 2015) This chapter explains how the experience of ‘loss’ affected Swift’s historical vision. Swift was a loser in many respects. Born Irish, Swift aspired to achieve professional success as a clergyman in the Church of England and as a politician in the service of the Tory (...) party. For the last four years of Queen Anne’s reign, Swift enjoyed privileged access to the machinations of Robert Harley’s ‘great’ ministry. Swift’s service to the crown was not rewarded with preferment but rather with exile back to Ireland. In his later life, Swift would reinvent himself as an Irish patriot and he would continue to work on revising his History of the Four Last Years of the Queen (written 1712-13; published 1758). (shrink)

Feminist Epistemology and Philosophy of Science: An Introduction is structured around six questions and the answers to them that have been offered by feminist epistemologists and philosophers of science. By showing how these answers differ from those of traditional philosophical approaches, the book situates feminist work in relation to philosophy more generally. The questions are: Who knows? What do we have knowledge of? How do we know? What don't we know? Why does it matter? and How can we know better? (...) In addressing these questions, the book reviews feminist accounts of objectivity, agnotology, issues in social epistemology--including epistemic injustice--and considers how feminist epistemology and philosophy of science aim at better knowledge production. The audience for the book is upper division undergraduates, but it will be useful as a foundation for graduate students and other philosophers who are seeking a general understanding of feminist work in these areas. (shrink)

When it comes to contemporary philosophical problems, metaphysical idealism-or Berkeleyan immaterialism-is not taken seriously by most philosophers, not to mention the typical Christian layperson. This state of affairs deserves some attempt at rectification, since Idealism has considerable explanatory power as a metaphysical thesis and provides numerous practical and theoretical benefits. Such thinkers as George Berkeley and Jonathan Edwards believed that Idealism is especially amenable to a Christian perspective, both because it provides a plausible way of conceptualizing the world from a (...) theistic standpoint and because it effectively addresses skeptical challenges to the Christian faith. The contributors to this volume explore a variety of ways in which the case can be made for this claim, including potential solutions to philosophical problems related to the nature of time, the ontology of physical objects, the mind-body problem, and the nature of science. (shrink)

We live in an era of global anxiety - about rising nationalism, civil and human rights struggles, the ramifications of declining white male hegemony, about driving ourselves and other species toward extinction. So it's no surprise that we also seek transcendence of our material circumstances. But exploring the possibilities of transcendence of our materiality, through religion, philosophy, psychology, and in literature, is not a new feature of thought, art, or action. This book explores approaches to the immanence-transcendence problem in works (...) of French, German, Italian, and Russian literature and philosophy between 1762 and 2016, in an effort to understand how different thinkers have approached this dynamic. This book is divided into four "suppression" approaches and four "infliction" approaches, sometimes combining sympathetic source material from different centuries and countries that take complementary stances. While this book takes a skeptical approach as to whether a person can experience sensory comprehension of transcendence of his or her own embodiment, we are clearly in need of literature that provides guidance for our current sociological and psychological circumstances in an effort to help us navigate our global future. (shrink)

Contemporary realist theories of value claim to be compatible with natural science. In this paper, I call this claim into question by arguing that Darwinian considerations pose a dilemma for these theories. The main thrust of my argument is this. Evolutionary forces have played a tremendous role in shaping the content of human evaluative attitudes. The challenge for realist theories of value is to explain the relation between these evolutionary influences on our evaluative attitudes, on the one hand, and the (...) independent evaluative truths that realism posits, on the other. Realism, I argue, can give no satisfactory account of this relation. On the one hand, the realist may claim that there is no relation between evolutionary influences on our evaluative attitudes and independent evaluative truths. But this claim leads to the implausible skeptical result that most of our evaluative judgements are off track due to the distorting pressure of Darwinian forces. The realist’s other option is to claim that there is a relation between evolutionary influences and independent evaluative truths, namely that natural selection favored ancestors who were able to grasp those truths. But this account, I argue, is unacceptable on scientific grounds. Either way, then, realist theories of value prove unable to accommodate the fact that Darwinian forces have deeply influenced the content of human values. After responding to three objections, the third of which leads me to argue against a realist understanding of the disvalue of pain, I conclude by sketching how antirealism is able to sidestep the dilemma I have presented. Antirealist theories of value are able to offer an alternative account of the relation between evolutionary forces and evaluative facts —
an account that allows us to reconcile our understanding of evaluative truth with our understanding of the many non-rational causes that have played a role in shaping our evaluative judgements. (shrink)

A philosophical analysis of sonically charged concepts to map a theory of "sound affects.".

A common objection to Sosa’s epistemology is that it countenances, in an objectionable way, unsafe knowledge. This objection, under closer inspection, turns out to be in far worse shape than Sosa’s critics have realised. Sosa and his defenders have offered two central response types to the idea that allowing unsafe knowledge is problematic: one response type adverts to the animal/reflective knowledge distinction that is characteristic of bi-level virtue epistemology. The other less-discussed response type appeals to the threat of dream scepticism, (...) and in particular, to the idea that many of our everyday perceptual beliefs are unsafe through the nearness of the dream possibility. The latter dreaming response to the safety objection to Sosa’s virtue epistemology has largely flown under the radar in contemporary discussions of safety and knowledge. We think that, suitably articulated in view of research in the philosophy and science of dreaming, it has much more going for it than has been appreciated. This paper further develops, beyond what Sosa does himself, the dreaming argument in response to those who think safety (as traditionally understood) is a condition on knowledge and who object to Sosa’s account on the grounds that it fails this condition. The payoffs of further developing this argument will be not only a better understanding of the importance of insights about dreaming against safety as a condition on knowledge, but also some reason to think a weaker safety condition, one that is relativised to SSS (i.e., skill/shape/situation) conditions for competence exercise, gets better results all things considered as an anti-luck codicil on knowledge. (shrink)

Mathematical knowledge and moral knowledge (or normative knowledge more generally) can seem intuitively puzzling in similar ways. For example, taking apparent human knowledge of either domain at face value can seem to require accepting that we benefited from some massive and mysterious coincidence. In the mathematical case, a pluralist partial response to access worries has been widely popular. In this paper, I will develop and address a worry, suggested by some works in the recent literature like (Clarke-Doane, 2020), that connections (...) between ought facts and action prevent us from giving a similarly pluralist response to moral access worries. (shrink)

Shaking the Gates of Hell: Faith-Led Resistance to Corporate Globalization breaks new ground by describing the global economy and its effects from the perspective of an integrated theology of "the earth as primary revelation" and the institutional powers of this world. It reaches the conclusion that hope lies in nonviolent resistance and ecological and social responsibility based on God's action in Jesus and in the triumph of God over the powers. This book describes today's interrelated social, economic, and ecological crises (...) and makes the case that we face a living hell on earth if we do not address them. It provides an overview of the global economic system and offers a comprehensive theological analysis of the network of primary institutions that make up what Walter Wink calls the "Domination System." It points readers in the direction of hope based on following the way of Jesus, who lived in nonviolent resistance to the powers of his day. This new, revised edition continues the powerful story of the original, extending the analysis of the global economy from the 2008 collapse and recession to its alleged recovery. It addresses the Obama administration's policies on economics, trade, and the environment, and provides further reflections on American foreign and military policy in this so-called New American Century. (shrink)

Gloria is a typical twenty-one-year-old living in post-World War II America, spending her time making fashionable clothing for herself and going out with her boyfriend, when her brother Stanley goes missing. While on her way to speak with his friends at the Delta Psi fraternity house at Princeton University, she discovers the body of one of his fellow students. The young man has been murdered, and Gloria’s worry for her brother deepens into a terrible fear for his safety. -/- Stanley (...) is a member of the Dreamcatcher Committee, which eminent philosopher John Dewey has tasked with locating the next greatest philosopher—the thinker who can solve the problem of how to establish both peace and justice in society. That person will receive a dreamcatcher from Dewey that has been handed down through several generations of notable philosophers. The only problem is that, not only is Stanley missing, but the dreamcatcher seems to be as well. -/- So Gloria and the committee members embark on a search for both her brother and the dreamcatcher, following a trail of clues laid out by Stanley himself. Their search leads them to explore the philosophical theories of an array of thinkers and writers who all had different ideas about how to achieve a society that is both peaceful and just. But the person who has the most profound and influential theory is not who they think, and the answer provides them with the whereabouts of both the dreamcatcher and Stanley in a fascinating twist that none of them could have foreseen. -/- This novel is part of an innovative philosophy curriculum that uses engaging stories to introduce students to important philosophical concepts. In this story, a teen named Gloria discovers that her brother has gone missing. When another student from his university is found murdered, Gloria and the members of a committee tasked with identifying the next great philosopher find themselves following a trail of clues in the search for answers. Along the way, they explore several philosophical theories for establishing a just, peaceful society. But the person who has the most profound theory is not who they think, leading them to the answers they’re seeking in a twist that none of them could have foreseen. -/- . (shrink)

In this Introduction we introduce the central themes of the Evaluative Perception volume. After identifying historical and recent contemporary work on this topic, we discuss some central questions under three headings: (1) Questions about the Existence and Nature of Evaluative Perception: Are there perceptual experiences of values? If so, what is their nature? Are experiences of values sui generis? Are values necessary for certain kinds of experience? (2) Questions about the Epistemology of Evaluative Perception: Can evaluative experiences ever justify evaluative (...) judgments? Are experiences of values necessary for certain kinds of justified evaluative judgments? (3) Questions about Value Theory and Evaluative Perception: Is the existence of evaluative experience supported or undermined by particular views in value theory? Are particular views in value theory supported or undermined by the existence of value experience? (shrink)

In Science as Social Knowledge, Helen Longino offers a contextual analysis of evidential relevance. She claims that this "contextual empiricism" reconciles the objectivity of science with the claim that science is socially constructed. I argue that while her account does offer key insights into the role that values play in science, her claim that science is nonetheless objective is problematic.

Most agree that when it comes to so-called 'first-order' normative ethics and political philosophy, constructivist views are a powerful family of positions. When it comes to metaethics, however, there is serious disagreement about what, if anything, constructivism has to contribute. In this paper I argue that constructivist views in ethics include not just a family of substantive normative positions, but also a distinct and highly attractive metaethical view. I argue that the widely accepted 'proceduralist characterization' of constructivism in ethics is (...) inadequate, and I propose what I call the 'practical standpoint characterization' in its place. I then offer a general taxonomy of constructivist positions in ethics. Since constructivism's standing as a family of substantive normative positions is relatively uncontested, I devote the remainder of the paper to addressing skeptics' worries about the distinctiveness of constructivism understood as a metaethical view. I compare and contrast constructivism with three other standard metaethical positions with which it is often confused or mistakenly thought to be compatible: realism; naturalist reductions in terms of an ideal response; and expressivism. In discussing the contrast with expressivism, I explain the sense in which, according to the constructivist, the distinction between substantive normative ethics and metaethics breaks down. I conclude by distinguishing between two importantly different debates about the mind-dependence of value. I argue that a failure to make this distinction is part of what explains why the possibility of constructivism as a metaethical view is often overlooked. (shrink)

This book takes an interdisciplinary, transnational and cross-cultural approach to reflect on, critically examine, and challenge the surprisingly robust practice of making art after death in an artist's name, through the lenses of scholars from the fields of art history, economics and law, as well as practicing artists. Works of art conceived as multiples, such as sculptures, etchings, prints, photographs and conceptual art, can be - and often are - remade from original models and plans long after the artist has (...) passed. Recent sales have suggested a growing market embrace of posthumous works, contemporaneous with questioning on the part of art history. Legal norms seem unready for this surge in posthumous production and are beset by conflict across jurisdictions. Non-Western approaches to posthumous art, from Chinese emulations of non-living artists to Native American performances, take into account rituals of generational passage and emotional aspects foreign to Western ideas. The book will be of interest to scholars working in art history, the art market, art law, art management, museum studies, and economics. (shrink)

The Logic of Happiness guidebook explores the logic concepts introduced in the novel and includes excerpts of original works by some of the most significant philosophers in human history: the Buddha, Lao Tzu, Plato, Aristotle, Epicurus, Marcus Aurelius, Thomas Aquinas, David Hume, John Stuart Mill, and Charles Darwin. The readings will introduce students to an array of theories about how to achieve happiness while also teaching them to use classical logic techniques to discern whether or not those theories are sound (...) enough to be applicable in modern daily life. The guidebook also contains discussion questions that will get students thinking critically and deeply about different aspects of the philosophical theories, giving them practice examining, analyzing, and evaluating the strength of various arguments. -/- This guidebook can be used by instructors, but it is meant to be a companion book to the novel that enables students to understand the theories and beliefs of a diverse group of individuals who explored the problem of how to find happiness in a complicated world filled with complicated people. Students who work through it will find themselves more thoughtful and discerning—and more prepared to work toward establishing for themselves a life that will bring them their own happiness. (shrink)

The pages that follow offer a critical survey of the motivic pursuit of a sober and wakeful way of life in old and late Stoicism (esp. Seneca’s Letters, Epictetus’ Discourses, and Marcus Aurelius’ Meditations). The aim is to show the key role that this motif plays in the Stoic conceptualization of conversion to philosophy and the school’s protreptic or rhetoric of conversion, that is to say, the forms of speech and literary strategies employed to instruct their addressees about what they (...) understood by conversion to philosophy and exhort them to change in their way of life. Wakefulness and soberness (and their counterparts, sleep and drunkenness) have been brought up occasionally in studies on Stoic ethics or moral philosophy. Yet, scholarship in the field has, to date, failed to identify the unique light this motif sheds on the Stoic pedagogical heuristics and conversion experience. T. Bénatouïl 2006, however, has already pointed out, in a study on the practical dimension of Stoicism, that despite its apparent triviality, the Stoic discussion on the sage’s use of wine and drunkenness unveils significant insights into the principles which govern the sage’s whole way of life. With a similar conviction, I hope that what follows may also elucidate the unparalleled lens that wakefulness and soberness as a motif for conversion provides for our understanding of the Stoic pursuit of a way of life in wisdom and virtue and its distinctiveness in the interaction process between traditions that characterized the ancient Mediterranean context. (shrink)

The case for an eco-emancipatory politics to release the Earth from human domination and free us all from lives that are both exploitative and exploited Human domination of nature shapes every aspect of our lives today, even as it remains virtually invisible to us. Because human beings are a part of nature, the human domination of nature circles back to confine and exploit people as well—and not only the poor and marginalized but also the privileged and affluent, even in the (...) world’s most prosperous societies. Although modern democracy establishes constraints intended to protect people from domination as the arbitrary exercise of power, it offers few such protections for nonhuman parts of nature. The result is that, wherever we fall in human hierarchies, we inevitably find ourselves both complicit in and entrapped by a system that makes sustainable living all but impossible. It confines and exploits not only nature but people too, albeit in different ways. In Eco-Emancipation, Sharon Krause argues that we can find our way to a better, freer life by constraining the use of human power in relation to nature and promoting nature’s well-being alongside our own, thereby releasing the Earth from human domination and freeing us from a way of life that is both exploitative and exploited, complicit and entrapped. Eco-emancipation calls for new, more-than-human political communities that incorporate nonhuman parts of nature through institutions of representation and regimes of rights, combining these new institutional arrangements with political activism, a public ethos of respect for nature, and a culture of eco-responsibility. (shrink)

In this article, I discuss a trivialization worry for Hartry Field’s official formulation of the access problem for mathematical realists, which was pointed out by Øystein Linnebo. I argue that various attempted reformulations of the Benacerraf problem fail to block trivialization, but that access worriers can better defend themselves by sticking closer to Hartry Field’s initial informal characterization of the access problem in terms of general epistemic norms of coincidence avoidance.

Jeffery et al. propose a non-uniform representation of three-dimensional space during navigation. Fittingly, we recently revealed asymmetries between horizontal and vertical path integration in humans. We agree that representing navigation in more than two dimensions increases computational load and suggest that tendencies to maintain upright head posture may help constrain computational processing, while distorting neural representation of three-dimensional navigation.

In this paper, I will attempt to develop and defend a common form of intuitive resistance to the companions in guilt argument. I will argue that one can reasonably believe there are promising solutions to the access problem for mathematical realism that don’t translate to moral realism. In particular, I will suggest that the structuralist project of accounting for mathematical knowledge in terms of some form of logical knowledge offers significant hope of success while no analogous approach offers such hope (...) for moral realism. (shrink)