There appears to be a tension between two commitments in liberalism. The first is that citizens, as rational agents possessing dignity, are owed a justification for principles of justice. The second is that members of society who do not meet the requirements of rational agency are owed justice. These notions conflict because the first commitment is often expressed through the device of the social contract, which seems to confine the scope of justice to rational agents. So, contractarianism seems to ignore (...) the justice claims of the severely cognitively impaired. To solve this problem, Martha Nussbaum proposes the capabilities approach. The justifiability condition, on this approach, is met by the idea of overlapping consensus. This essay argues that overlapping consensus cannot meet liberalism’s justifiability condition, nor is it more inclusive of the cognitively impaired. Therefore, we have reason to retain the contract device and look for another way to ensure that liberalism respects the justice claims of all. (shrink)

This paper develops a notion of manipulative gaslighting, which is designed to capture something not captured by epistemic gaslighting, namely the intent to undermine women by denying their testimony about harms done to them by men. Manipulative gaslighting, I propose, consists in getting someone to doubt her testimony by challenging its credibility using two tactics: “sidestepping” and “displacing”. I explain how manipulative gaslighting is distinct from reasonable disagreement, with which it is sometimes confused. I also argue for three further claims: (...) that manipulative gaslighting is a method of enacting misogyny, that it is often a collective phenomenon, and, as collective, qualifies as a mode of psychological oppression. (shrink)

This paper discusses the views of Wheeler and LaFollette on the right to bear arms. It argues, with LaFollette and against Wheeler that the right to bear arms is derivative and not a fundamental right. My argument pivots on the idea that Wheeler's account of what makes a right fundamental is too broad.

Hypothetical contracts have been said to be not worth the paper they are not written on. This paper defends hypothetical consent theories of justice, such as Rawls's, against the view that they lack justificatory power. I argue that while hypothetical consent cannot generate political obligation, it can generate political legitimacy.

This paper argues that, with modification, Rawls's social contract theory can produce principles of distributive justice applying to the severely disabled. It is a response to critics who claim that Rawls's assumption that the parties in the original position represent fully cooperating citizens excludes the disabled from the social contract. I propose that this idealizing assumption should be dropped at the constitutional stage of the contract where the parties decide on a social minimum. Knowing that they might not be fully (...) capable of social cooperation, the parties will choose a social minimum that is as high and comprehensive as is compatible with the difference principle. This will ensure that the disabled have an adequate income. (shrink)

Kant claims that persons have a perfect duty to respect themselves. I argue, first, that Kant’s argument for the duty of self-respect commits him to an implausible view of the nature of self-respect: he must hold that failures of self-respect are either deliberate or matter of self-deception. I argue, second, that this problem cannot be solved by understanding failures of self-respect as failures of rationality because such a view is incompatible with human psychology. Surely it is not irrational for people, (...) especially members of oppressed groups, to view themselves as having diminished moral worth. (shrink)

Critics have argued that Rawls's account of self-respect is equivocal. I show, first, that Rawls in fact relies upon an unambiguous notion of self-respect, though he sometimes is unclear as to whether this notion has merely instrumental or also intrinsic value. I show second that Rawls’s main objective in arguing that justice as fairness supports citizens’ self-respect is not, as many have thought, to show that his principles support citizens’ self-respect generally, but to show that his principles counter the effects (...) of the market on lower class citizens’ sense of worth. This discussion establishes that Rawls, in the end, sees self-respect primarily as an intrinsic good. (shrink)

Because contractarians see justice as mutual advantage, they hold that justice can be rationally grounded only when each can expect to gain from it. John Rawls seems to avoid this feature of contractarianism by fashioning the parties to the contract as Kantian agents whose personhood grounds their claims to justice. But Rawls also endorses the Humean idea that justice applies only if people are equal in ability. It would seem to follow from this idea that dependent persons (such as the (...) disabled) lack claims of justice. It appears, then, that the Kantian and Humean themes in Rawls conflict. I present a reading of Rawls that resolves this tension between the Kantian and Humean themes. The first theme, I argue, allows Rawls to maintain that persons as such are owed justice regardless of their ability to engage in social cooperation. The second theme, I argue, allows him to retain Hume's connection between justice and reciprocity, but confines the reciprocity condition to relations among nondependents. I conclude that Rawls's approach permits him to rebut recent criticisms leveled by disability theorists and others who claim that his theory excludes dependents. (shrink)

I argue that partialist critics of deontological theories make a mistake similar to one made by critics of utilitarianism: they fail to distinguish between a theory’s decision procedure and its standard of rightness. That is, they take these deontological theories to be offering a method for moral deliberation when they are in fact offering justificatory arguments for moral principles. And while deontologists, like utilitarians do incorporate impartiality into their justifications for basic principles, many do not require that agents utilize impartial (...) methods of moral deliberation. It follows that insofar as partialists reject impartiality in deliberation, their criticisms may miss their mark. If however, partialists are opposed to justifications for basic principles that rely upon impartiality, they are committed, I argue, to drastic revisions in moral theory that have worrisome implications. (shrink)

There appears to be a tension between two commitments in liberalism. The first is that citizens, as rational agents possessing dignity, are owed a justification for principles of justice. The second is that members of society who do not meet the requirements of rational agency are owed justice. These notions conflict because the first commitment is often expressed through the device of the social contract, which seems to confine the scope of justice to rational agents. So, contractarianism seems to ignore (...) the justice claims of the severely cognitively impaired. To solve this problem, Martha Nussbaum proposes the capabilities approach. The justifiability condition, on this approach, is met by the idea of overlapping consensus. This essay argues that overlapping consensus cannot meet liberalism’s justifiability condition, nor is it more inclusive of the cognitively impaired. Therefore, we have reason to retain the contract device and look for another way to ensure that liberalism respects the justice claims of all. (shrink)

Many distributive egalitarians do not endorse strict equality of goods. Rather, they treat an equal division as having a special status such that departures from equality must be justified. They claim, then, that an equal division is “presumptively” just. Though the idea that equality is presumptively just and that departures from it may be just has intuitive appeal, making a case for this idea proves difficult. I argue, first, that extant “presumption arguments” are unsound. Second, I distill two general philosophical (...) morals: luck egalitarians have not adequately defended the presumption of equality and they face serious obstacles in doing so; Rawls has defended it, but only indirectly via the contract apparatus. This approach narrows the presumption’s appeal. Third, I consider and reject two alternative ways of understanding the presumption of equality that might avoid the problems revealed by my examination of extant views. The first appeals to the idea of value pluralism. The second treats the presumption as a view about the burden of proof. I conclude, ultimately, that it is misleading to think of distributive egalitarianism as typically having the form of a presumption argument. (shrink)

According to Catharine MacKinnon, pornography itself subordinates women by ranking women as inferior to men and legitimating acts of violence and discrimination against us. As such, pornography is directly implicated in women's diminished moral and civil status. It follows that pornography is not a form of speech, but rather an action, and so does not deserve first amendment protection. I argue that MacKinnon does not adequately support her claim that pornography is an action but instead shows that it is harmful (...) speech. While this might be grounds for limiting it, MacKinnon does not adequately support the view that pornography is especially harmful in comparison to other sorts of misogynist and sexist speech. Hence we lack reasons to limit pornography alone. (shrink)

My article discusses the character of Marla, the narrator’s lover, in the film Fight Club. Her only option, within the terms of the film’s logic, I argue, is to define her worth derivatively, by association with the narrator. Fight Club, then, despite its somewhat self-effacing attitude about the rejuvenation of masculinity that it portrays, reinforces a familiar patriarchal story: men’s sense of worth lies in their joint world-making activities. Women’s sense of worth lies in their attachment to individual men who (...) undertake these activities. My main argument builds upon three preliminary discussions. The first is a brief outline of the contours of the concept of self-respect. The second is an analysis of the links between gender, personhood and the grounds of self-respect. The third is an account of my approach to interpreting Fight Club given its many layers of irony. Drawing on these preliminary discussions, I examine two interpretations of the film’s social commentary— what I call the “gender-neutral” and the “gender-specific” interpretations. I show that on both of these readings the film implies that Marla, as a woman, must regain her self-respect through an intimate relationship with the narrator. (shrink)

Luck egalitarianism has been criticized for condoning some cases of oppression and condemning others for the wrong reason—namely, that the victims were not responsible for their oppression. Oppression is unjust, however, the criticism says, regardless of whether victims are responsible for it, simply because it is contrary to the equal moral standing of persons. I argue that four luck egalitarian responses to this critique are inadequate. Two address only the first part of the objection and do so in a way (...) that risks making luck egalitarianism inconsistent. A third severely dilutes the luck egalitarian doctrine. A fourth manages to denounce some instances of oppression for the right reason, but at the same time permits other instances of oppression and condemns yet others for the wrong reason. (shrink)

In Equal Citizenship and Public Reason, Watson and Hartley dispute the claim that Rawls’s doctrine of political liberalism must tolerate gender hierarchy because it counts conservative and orthodox religions as reasonable comprehensive doctrines. I argue that their defense in fact contains two arguments, both of which fail. The first, which I call the “Deliberative Equality Argument”, fails because it does not establish conclusively that political liberalism’s demand for equal citizenship forbids social practices of domination, as the authors contend. The second, (...) which I call the “Equal Liberties Argument”, fails because it supports a particular version of political liberalism and not the doctrine itself. (shrink)

In addition to having an institutional site or scope, a theory of distributive justice might also have an institutional ‘reach’ or currency. It has the first when it applies to only social phenomena. It has the second when it distributes only socially produced goods. One objection to luck egalitarianism is that it has absurd implications. In response, Tan has defended a luck egalitarian account that has a strictly institutional reach. I argue, first, that Tan’s view contains two fatal ambiguities and, (...) second, that, to be sound, it requires an institutional currency. This second argument implies that virtually all extant luck egalitarian currencies are incompatible with his approach. I argue, third, that the alleged absurd implications often have little to do with the extent of luck egalitarianism’s reach. (shrink)

This paper argues that luck egalitarianism, especially in the guise of equality of opportunity for welfare, is in tension with the ideal of fair equality of opportunity in three ways. First, equal opportunity for welfare is compatible with a caste system in employment that is inconsistent with open competition for positions. Second, luck egalitarianism does not support hiring on the basis of qualifications. Third, amending luck egalitarianism to repair this problem requires abandoning fair access to qualifications. Insofar as luck egalitarianism (...) cannot support fair equality of opportunity, it cannot do justice to the claims of the disabled. Indeed, in the absence of fair equality of opportunity, disabled people are likely to be marginalized. (shrink)

Ethicists of care have objected to traditional moral philosophy's reliance upon abstract universal principles. They claim that the use of abstraction renders traditional theories incapable of capturing morally relevant, particular features of situations. I argue that this objection sometimes conflates two different levels of moral thinking: the level of justification and the level of deliberation. Specifically, I claim that abstraction or attention to context at the level of justification does not entail, as some critics seem to think, a commitment to (...) abstraction or attention to context at the level of deliberation. It follows that critics who reject a theory's use of abstraction at the level of justification have not shown that the theory recommends abstraction at the level of deliberation and that it, therefore, compels the deliberating agent to overlook morally salient details. (shrink)

Catharine MacKinnon argues that pornography is action, rather than speech. She argues further that the speech/action distinction is what delineates the scope of the First Amendment. It follows, she thinks, that pornography does not fall within the scope of the First Amendment. I argue that the legal distinction between speech and action on which MacKinnon relies is unstable and therefore cannot determine which utterances fall within the scope of the First Amendment. Indeed, attempting to sort utterances by means of the (...) speech/action distinction in order to make this determination can lead to a paradox, which I call the “viewpoint paradox”. That an utterance expresses a particular viewpoint is typically sufficient for its qualifying as speech; yet MacKinnon’s argument that pornography is not speech pivots are her claim that it is an act of subordination because it expresses a particular viewpoint about women. (shrink)

A commonly accepted criticism of the social contract approach to justifying political authority targets the notion of hypothetical consent. Hypothetical contracts, it is argued, are not binding; therefore hypothetical consent cannot justify political authority. I argue that although hypothetical consent may not be capable of creating political obligation, it has the power to legitimate political arrangements.

This chapter contains sections titled: Justifying the Capabilities Approach Justification and the Value of Rational Agency Conclusion Acknowledgments References.

This chapter talks about ethics (the branch of philosophy concerned with what we ought to do and how we ought to live) in general, and about vegetarian and animal suffering claims in particular. The chapter explains why many people are outraged over the torture and killing of a “cute” animal, but have no problem with the pain, suffering, and death caused to animals like cows, pigs, and chickens that are, admittedly, considerably less cute and cuddly than puppies, kittens, dolphins, and (...) baby cows. It further discusses why we draw a line between different kinds of animals and concludes that some of them deserve to be protected, while some of them do not. An important part of many ethical deliberations is the decision where to draw lines concerning whose interests need to be taken into account in moral decision making. (shrink)

Cet essai met en lumière le lien entre l'individu, le collectif et la durabilité de la démocratie. L'auteure montre que la normalisation des êtres dans une société uniforme peut être un frein à la construction d'un Etat démocratique et comment, au contraire, la valeur subjective de chacun doit être considérée comme un rempart aux dérives.

If theology at its best is knowing God and all things in the light of his reality, what is the nature of that knowledge? Of what can we be sure? Are there boundaries we must respect in pursuit of such understanding? To what extent can we know God, and what is the impact of that knowing? Little attention has been given in recent scholarship to the work of Emil Brunner (1889-1966), a Swiss pastor, professor, missionary, and theologian whose name is (...) classed among the neo-orthodox thinkers of the last century. This lacuna is misleading, however, for his influence on modern theology persists. In Believing Thinking, Bounded Theology, Cynthia Bennett Brown explores the nature of and limits to theological thinking in Brunner's own work. What results from this study is an encounter with a thoroughly biblical, warmly pastoral, carefully intellectual, and insistently christocentric exposition of the Christian faith that remains relevant for theology and life today. (shrink)

This book offers a sustained scholarly analysis of Gadamer's reflections on art and our experience of art. It examines fundamental themes in Gadamer's hermeneutical aesthetics such as play, festival, symbol, contemporaneity, enactment, art's performative ontology, and hermeneutical identity. The first two chapters focus on Gadamer's critical appropriation and movement beyond Kantian and Hegelian aesthetics (and includes a coda on Heidegger's influence). The final three chapters argue for the continued relevance of Gadamer's hermeneutical aesthetics by bringing his claims into conversation with (...) contemporary art and music, as well as the ethical and sociopolitical dimensions of the Artworld and art-praxis. The ethical and sociopolitical aspects of art- and music-making are given particular attention in chapters devoted to 20th century African American artist Romare Bearden, Banksy's street art, and a range of jazz expressions, from traditional jazz to the complex practice of free jazz. Gadamer's Hermeneutical Aesthetics will appeal to researchers and advanced students working on Gadamer, philosophical hermeneutics, continental philosophy, aesthetics, and the philosophy of contemporary art and music. (shrink)

Our day-to-day experience of the world regularly brings us into contact with middlesized objects such as apples, dogs, and other human beings. These objects possess observable properties, properties that are available or accessible to the unaided senses, such as redness and roundness, as well as properties that are not so available, such as chemical ones. Both of these kinds of properties serve as valuable sources of information about our familiar middle-sized objects at least to the extent that they enable us (...) to understand the behaviours of those objects and their effects on each other and on us. I see the apple on the table before me, and in doing so I see its redness, its roundness, and so on. I do not see, but know that it has, a certain chemical constitution. The knowledge gained of the apple by means of both properties tells me something about the nature of that apple. In general, most, if not all, of the properties that objects in the observable world possess serve as the basis of our knowledge of such objects. But the subject-predicate form of much of our discourse and thought about objects suggests that substances are one kind of thing, properties another. We use subject terms such as names to identify objects, predicate terms to attribute properties to them. What, then, is it for an object to have a property? And what is the relation between an object and its properties? (shrink)

Levinas's account of responsibility challenges dominant notions of time, autonomy, and subjectivity according to Cynthia D. Coe. Employing the concept of trauma in Levinas's late writings, Coe draws together his understanding of time and his claim that responsibility is an obligation to the other that cannot be anticipated or warded off. Tracing the broad significance of these ideas, Coe shows how Levinas revises our notions of moral agency, knowledge, and embodiment. Her focus on time brings a new interpretive lens (...) to Levinas's work and reflects on a wider discussion of the fragmentation of human experience as an ethical subject. Coe's understanding of trauma and time offers a new appreciation of how Levinas can inform debates about gender, race, mortality, and animality. (shrink)

This paper examines the issue of what the self is by reviewing neuropsychological research,which converges on the idea that the self may be more complex and differentiated than previous treatments of the topic have suggested. Although some aspects of self-knowledge such as episodic recollection may be compromised in individuals, other aspects—for instance, semantic trait summaries—appear largely intact. Taken together, these findings support the idea that the self is not a single, unified entity. Rather, it is a set of interrelated, functionally (...) independent systems. Implications for understanding the self in various areas of psychological research—e.g., neuroimaging, autism, amnesia, Alzheimer’s disease, and mirror self-recognition—are discussed in brief. (shrink)

While the varied theoretical frameworks of second wave feminism made possible critical interrogation of societal patterns of domination and oppression in view of the transformative goal of liberation, Michel Foucault’s conceptualization of power shifts contemporary feminist thought away from this binary field of relations towards more fundamental questions about gender constitution. Indeed, from the perspective of popular culture it would seem that challenges to rigid gender roles were a thing of the past, to which freedom and certain kinds of gender (...) malleability were intrinsically tied. In fact gender roles continue to be defined in strict opposition to each other and sexist attitudes and practices continue, although increasingly disguised and unacknowledged. If liberation from the strictures of patriarchy is nothing but a lost illusion from the second wave, is there nonetheless a need for a resurgent feminist consciousness today? In this paper, I argue that this is the case, and attempt to show that “the work of the intellect” described by Foucault, must first be catalyzed by an experiential disruption, leading to recognition of what pragmatist philosopher John Dewey described as the “problematic situation.” While both Foucault and Dewey emphasize the necessity of problematization, Dewey’s methodology includes focus on envisioning desired outcomes. Here, my aim is not to resurrect an old idea of unconditioned liberation, but merely to reconsider whether and how experiential disruption and subsequent consideration of the problem might lead to a shift in social and self-consciousness, and create the possibility for change. (shrink)

This book introduces children to a way of getting to know God that helps them understand all the ways God can be found in the world around us - the God who is so eagerly waiting to be discovered.

Magnetic north -- Dark times in the city of light -- Everything is possible -- Mankind is not so kind -- The pleasure of his company -- The road to Damascus twice -- La peste -- Le système Girard -- The zero hour of culture -- Lotus Land -- The Darwin of the human sciences -- Who asks about the souls of these men? -- Terra Incognita -- Hand in hand.

Existing justifications for exclusionary rules and stays of proceedings in response to pre-trial wrongdoing by police officers and prosecutors are often thought to be counter-productive or disproportionate in their consequences. This article begins to explore whether the concept of standing to blame can provide a fresh justification for such responses. It focuses on a vice related to standing—hypocrisy—and a related vice concerning inconsistent blame. It takes seriously the point that criminal justice agencies, although all part of the State, are in (...) real terms separated from each other, and analyses the so-called separation thesis (or theses). It concludes that hypocrisy and inconsistent blame arguments could plausibly justify exclusion and stays only in relation to lower-level offending, and even there only indirectly. This is in the sense that exclusion and stays are expressions of judicial frustration with other bodies for their failure to take pre-trial wrongdoing seriously. (shrink)

Regulatory Competition -- The Economic Case for Regulatory Competition -- Regulatory Competition and Utilitarianism -- Political Values under Competitive Pressure -- Law as a Contested Commodity -- Conclusion.

Responsibility is a duty or a job. If you are responsible for something, it means no one else will do it for you."--Back cover.

Sixty seconds. That is how much time the 20-person crew of Midnight Rider had to escape from a train barreling at them while filming on a train-trestle in Georgia. You can do a lot of things in one...

By exploring diverse and sometimes positive roles for ignorance, A Defense of Ignorance offers a revisionary approach to epistemology that challenges core assumptions about epistemic values. Townley contributes innovative ways of thinking about the practicalities and politics of knowledge and argues for an expanded domain of responsible epistemic conduct. All social scientists, especially those interested in knowledge and in feminist scholarship, stand to benefit from Townley's arguments.

In lieu of an abstract, here is a brief excerpt of the content:Navigating Intersex Healthcare: My OdysseyCynthiaI was born in 1965 with what the medical community called “ambiguous genitalia.” My initial announcement as a boy was called into question upon closer assessment of my atypical anatomy by medical specialists at a children’s hospital in Chicago. That team of medical experts included a pediatric urologist and a pediatric endocrinologist, as well as a prominent pediatric surgeon, who was at that time presiding (...) president of the relatively newly established American Pediatric Surgeons Association. I have wondered over the years whether, or to what extent, that status and position had any important impact on the unfolding of my medical case.Just over 100 days after my birth, I was surgically and socially reassigned female, and renamed Cynthia. My mother and physician father, ages 25 and 30, respectively, with two young sons at home, did the best they could to move ahead in life as a young family. Part of our family story is that my unusual birth contributed to my parents’ decision to move away from Chicago, where both of my parents had been raised and wanted to settle, and where my father had many professional opportunities. We relocated to Southern California to make a “fresh start” where no one would know the dark secret too terrible to be shared with any beyond a small circle of close friends and family. It would never be talked about openly.With the exception of the rare and dreaded occasions of medical appointments with my primary care physician, or maybe an endocrinologist to renew hormone prescriptions, my parents chose [End Page E3] to have me travel from our home in San Diego to a clinician in Los Angeles, away from my father’s medical colleagues. This decision was puzzling to me at the time, and maybe more so now. These trips were a source of considerable stress and anxiety, as I had no idea of what to expect; my mother told me only that treatment would “help me get my period started.” I was instructed to tell my friends and teachers that I was taking off school on a weekday to go on a “shopping trip” with my mother. As far as I know, these trips were never discussed at home with my older brothers. I heard years later that my parents disclosed some information about me with my brothers when my parents travelled outside the country. They felt that my brothers should know what had happened to me in the event of a catastrophic accident that might prevent my parents from telling me themselves. I suppose they believed that I wasn’t ready at the time to be told my own life and medical history. I can’t say for sure.I don’t want to judge my parents too harshly for how they handled my medical care. I know that it was an extremely stressful and uncertain time for them, and peer support, which I know now is so vitally important for both parents and young affected individuals like myself, was not made available to us. I never thought to ask about such help, or even consider the idea that anyone else would be in a similar situation like mine. I don’t think I would have been even remotely comfortable or willing to discuss it openly at that point.In my early twenties, I had to face another milestone in my journey and in my interactions with the medical community. I had yet to have the vaginoplasty I was told I “needed.” There was no discussion as to whether or not I wanted it or not. It just had to be done, and I was aware of the limitations I had at this vulnerable time in my life when my peer group was sexually active and I was not. My awareness of the obstacle posed by my difference made me avoid the topic of dating; it was difficult even to think about the possibility of a romantic relationship. I put it out of my mind, but I knew that it was a significant concern for my parents. My physician father did most of the prodding to get me to acknowledge the reality... (shrink)