Standards of reasonableness are pervasive in law. Whether a belief or conduct is reasonable is determined by reference to what a ?reasonable man? similarly situated would have believed or done in similar circumstances. Feminists rightly objected that the ?reasonable man? standard was gender?biased and worked to the detriment of women. Merely replacing the ?reasonable man? with the ?reasonable person? would not be sufficient, furthermore, to right this historic wrong. Rather, in a wide range of cases, feminist theorists and legal practitioners (...) urged instead a standard of reasonableness that reflects the perceptions of women, a perspective informed by women?s vulnerability and oppression. In this essay I examine the role of the ?reasonable woman? standard in two areas of law ? workplace sexual harassment and self?defense ? and argue that it is both legally and politically problematic. (shrink)

I defend a form of preventive detention through the creation of an offence of ‘being a persistent violent dangerous offender’. This differs from alternative proposals and actual habitual offender laws that impose extra periods of incarceration on offenders after they have completed the sentence for their most recent crime or as a result of a certain number of prior convictions. I, instead, would make ‘being a persistent violent dangerous offender’ an offence itself. Persons to be preventively detained would be tried (...) and convicted of this offence. My approach would then have one significant advantage: provided the elements of being a PVDO could be rendered sufficiently determinate, punishing persons under such an offence would comport with central rule of law values, most importantly legality and fair notice, as well as principles of proportionality in sentencing. (shrink)

I provide a brief history of the common law governing the criminal liability of intoxicated offenders, and the codification and application of the intoxication rules in Canada. I argue that the common law and its statutory application in Canada violate a number of principles of criminal justice. I then argue that the rules cannot be saved by attempts to subsume them under principles of prior fault. I end with a modest proposal for law reform.

Doug Husak has argued, persuasively I think, that there is no literal ‘act requirement’ in Anglo-American law. I begin by reviewing Husak’s reasons for rejecting the act requirement, and provide additional reasons to think he is right to do so. But Husak’s alternative, the ‘control condition’, I argue, is inadequate. The control requirement is falsified by the widespread practice of holding extremely intoxicated offenders liable for criminal conduct they engage in even if they lack control over their conduct at the (...) time of the offense, and even if they are acting involuntarily. I provide examples from Canadian, US and German law to flesh out our legal practices with respect to intoxicated offenders. I then argue that, at least with respect to one class of intoxicated offenders–those known as ‘grand schemers’, who plan their criminal offending prior to rendering themselves incapable of voluntary control over their conduct–we are morally justified in imposing liability. I then propose an alternative to both the act and control requirements: what I call the ‘agency requirement’. I argue that our law does and should impose liability for conduct that is expressive of or constitutive of the defendant’s practically rational agency. Adopting an agency view allows us to expand our focus from just the moment of the offense to temporally extended instances of agency, such as is involved in planned offending by grand schemers. (shrink)

La distinction de droit pénal entre la conduitemalum in seetmalum prohibitumest vieille de cinq siècles dans les juridictions de common law, et pourtant son sens autant que son utilité continuent d’être débattus. Je me joins à la mêlée, en faisant valoir que les conditions ne peuvent pas être interprétées littéralement, mais que il existe un moyen d’établir la distinction qui est à la fois plausible et utile. Une conduitemala in seest un comportement quidoitêtre interdit dans toute société politique juste, alors (...) que la conduitemala prohibita peutêtre criminalisée, mais nedoitpas absolument l’être. Je sollicite dans mon explication des concepts de la théorie du contrat social. (shrink)

Hobbes's central insight about ethics was that it should not be understood to require that we make ourselves a prey for others. It is this insight that both varieties of contractarianism [Hobbesian and Kantian] respect. Consider a relationship between two human beings that exists for reasons of either love or duty; let us also suppose that it is a relationship that can be instrumentally valuable to both parties. In order for that relationship to receive our full moral endorsement, we must (...) ask whether either party uses the duty or the love connecting them in a way that affects the other party's ability to realize the instrumental value from that relationship. To be sure, good marriages and good friendships ought not to be centrally concerned with the question of justice, but they must also be, at the very least, relationships in which love or duty are not manipulated by either party in order to use the other party to her detriment. (shrink)

ABSTRACT: In this article I defend the view that all feminists should be contractarians. Indeed, I argue that feminists should be Hobbesian or rational-choice contractarians at that. The argument proceeds by critically examining some of the main reasons why feminists have been resistant or even hostile to contractarian moral theory, and showing that the criticisms are misguided against Hobbesian versions of the theory. I conclude with a brief positive argument to the effect that contractarianism provides a plausible explanation of what (...) is wrong with patriarchy and so can serve as the theoretical basis for feminist ethics.RÉSUMÉ: Cet article propose que les féministes de toutes tendances se doivent d'être contractualistes de type hobbesien ou de choix rationnel. L'argument débute par une critique de quelques-unes des raisons principales pour lesquelles les féministes ont résisté ou se sont opposées à une morale contractualiste et établit que leurs critiques n'atteignent pas leur cible lorsqu'elles sont dirigées contre les versions hobbesiennes de cette doctrine. Un argument positif vient brièvement conclure le tout, en montrant que le contractualisme rend compte, fort plausiblement, des défauts du patriarcat, et qu'il est donc à même de fournir une base théorique à une éthique féministe. (shrink)

The actio libera in causa doctrine, as originally formulated by various Enlightenment philosophers, concerns the imputation of responsibility to actors for actions unfree in themselves, but free in their causes. Like our Enlightenment counterparts, contemporary philosophers of criminal law, as well as most Western legal systems (both common law and civil), allow that persons can be responsible for acts that are not free when performed, provided they were free in their causes. The actio libera doctrine allows us to impute unfree (...) actions to persons, provided they were responsible for causing the conditions of unfreedom that characterizes those actions when performed. This doctrine seems to be instantiated in a great many actual legal practices. But I argue that we must distinguish between two importantly different understandings of the doctrine itself and its application in law. On the one hand, the actio libera doctrine allows us to waive the voluntariness requirement that is generally needed for criminal liability. On the other hand, it disallows defendants to appeal to defences they would otherwise be entitled to use to block liability, if they culpably created the conditions of their own defence. The first case involves rules of imputation, while the second concerns culpability, and justifying the actio libera doctrine therefore faces different challenges in the two cases. (shrink)

This dissertation provides a philosophical analysis of personal autonomy. Personal autonomy is defined as the condition of being self-directed. The conditions which make such self-direction possible are then explored. ;Self-direction requires that one's actions are motivated by authentic reasons for action. One makes some of one's desires authentic by critically reflecting upon and identifying with them. One identifies with a particular desire when one approves of it as a reason for action, thus desiring that it be an effective desire. Provided (...) that one's identification with a desire is decisive and one is not ambivalent with respect to it, identification is sufficient for the authenticity of one's desires. ;This capacity to adopt authentic reasons for action cannot be sufficient for the autonomy of one's desires or actions, though. For authenticity is a function solely of the psychological states of an individual; yet autonomy cannot be adequately explicated solely by reference to an agent's subjective states. I refer to those theories which make the autonomy of a person's desires solely a function of her psychological states as "internalist", and argue that such theories must be rejected. An "externalist" is one who denies that autonomy is wholly a function of the psychological states of the individual, and so holds that the autonomy of a desire is determined, at least in part, by facts which are independent of the subjective attitudes of the agent. ;I defend a form of externalism, which makes the autonomy of a desire depend upon the following conditions: the agent must approve of it as a reason for action; the agent must have the capacity to respond appropriately to whatever reasons there are for and against it; the agent must have been able to avoid falling into error concerning the object of the desire and the desire itself; the agent's approval of it is not caused solely by a restriction of her feasible options or coercion. ;I argue that this is a more plausible theory than other externalist positions, and it can meet the objections which have beset internalist theories. (shrink)

Sextus Empiricus was a Pyrrhonist skeptic. Although his dates and many of the details of his life are uncertain, he probably lived in the second century A.D. Our knowledge of his philosophical skepticism is drawn primarily from a series of skeptical treatises which have survived, usually titled in English, Outlines of Pyrrhonism, Against the Logicians, Against the Physicists, Against the Learned, and Against the Ethicists. These works are invaluable, not only for the insights which they provide into Pyrrhonism, but also (...) for their sustained criticisms, elucidating in themselves, of doctrines held by the dogmatic philosophers whom Sextus opposes. (shrink)

In this arresting book, Wai Chee Dimock takes on the philosophical tradition from Kant to Rawls, challenging its conception of justice as foundational, self-evident, and all-encompassing. The idea of justice is based on the premise that the world can be resolved into commensurate terms: punishment equal to the crime, redress equal to the injury, benefit equal to the desert. Dimock focuses, however, on what remains unexhausted, unrecovered, and noncorresponding in the exercise of justice. To honor these "residues," she (...) turns to literature, which, in its linguistic density, transposes the clean abstractions of law and philosophy into persistent shadows, the abiding presence of the incommensurate. Justice can only be a partial answer to the phenomenon of human conflict. In arguing for justice as an _incomplete_ virtue, Dimock draws upon legal history, political philosophy, linguistics, theology, and feminist theory; she discusses Aristotle and Augustine, Locke and Luther, Marx and Durkheim, Michael Sandel and Carol Gilligan, Noam Chomsky and Mary Ann Glendon. She also examines an unusual configuration of nineteenth-century American authors, pairing figures such as Herman Melville and Rebecca Harding Davis, Walt Whitman and Susan Warner. The result is a book both passionate and scholarly. It invites us to rethink the meanings of literature, law, and philosophy, and to imagine a language of community more supple and more nuanced than the language of justice. (shrink)

In this arresting book, Wai Chee Dimock takes on the philosophical tradition from Kant to Rawls, challenging its conception of justice as foundational, self-evident, and all-encompassing. The idea of justice is based on the premise that the world can be resolved into commensurate terms: punishment equal to the crime, redress equal to the injury, benefit equal to the desert. Dimock focuses, however, on what remains unexhausted, unrecovered, and noncorresponding in the exercise of justice. To honor these "residues," she (...) turns to literature, which, in its linguistic density, transposes the clean abstractions of law and philosophy into persistent shadows, the abiding presence of the incommensurate. Justice can only be a partial answer to the phenomenon of human conflict. In arguing for justice as an _incomplete_ virtue, Dimock draws upon legal history, political philosophy, linguistics, theology, and feminist theory; she discusses Aristotle and Augustine, Locke and Luther, Marx and Durkheim, Michael Sandel and Carol Gilligan, Noam Chomsky and Mary Ann Glendon. She also examines an unusual configuration of nineteenth-century American authors, pairing figures such as Herman Melville and Rebecca Harding Davis, Walt Whitman and Susan Warner. The result is a book both passionate and scholarly. It invites us to rethink the meanings of literature, law, and philosophy, and to imagine a language of community more supple and more nuanced than the language of justice. (shrink)

According to transhumanists who urge the radical enhancement of human beings, humanity’s top priority should be engineering “posthumans,” whose features would include agelessness. Increasingly, transhumanism is critiqued on foundational grounds rather than based largely on anticipated results of its implementation, such as rising social inequality. This expansion is crucial but insufficient because, despite its radical aim, transhumanism reflects beliefs and attitudes that are evident in the broader culture. With a focus on the yearning to eliminate aging, I consider four of (...) these: a disproportionate reliance on science and technology to address major human challenges; the conceptualization of human beings in terms of binaries like “young-old”; a repudiation of vulnerability; and intensifying perfectionism. Illuminating these interlocked commitments both deepens an existing critique of transhumanism and draws our attention to deleterious cultural views that must be vigorously contested if our commitment to human flourishing is to be deep and unwavering. (shrink)

The book is an investigation of the semantics of numericals, counting and measuring, and its connection to the mass/count distinction from a theoretical and crosslinguistic perspective. It reviews some recent major linguistic results in these topics, and presents the author's new research including in-depth case studies of a number of typologically unrelated languages.

Introduction -- Foundationalism versus coherentism : a dichotomy disclaimed -- Foundationalism undermined -- Coherentism discomposed -- Foundherentism articulated -- The evidence of the senses : refutations and conjectures -- Naturalism disambiguated -- The evidence against reliabilism -- Revolutionary scientism subverted -- Vulgar pragmatism : an unedifying prospect -- Foundherentism ratified -- Selected essays -- "Know" is just a four-letter word -- Knowledge and propaganda : reflections of an old feminist -- "The ethics of belief" reconsidered -- Epistemology legalized : or, (...) truth, justice, and the American way. (shrink)

Antisthenes was famous in antiquity for his studies of Homer's poems, his affiliation with Gorgias and the sophistic movement, his pure Attic writing style, and his inspiration of Diogenes of Sinope, who founded the Cynic philosophical movement. Antisthenes stands at two of the greatest turning points in ancient intellectual history: from pre-Socraticism to Socraticism, and from classical Athens to the Hellenistic period. Antisthenes' works form the path to a better understanding of the intellectual culture of Athens that shaped Plato and (...) laid the foundations for Hellenistic philosophy and literature. Antisthenes of Athens keeps in mind the goals and polemics framing each philosophical and textual discussion. The volume considers the ancient traditions about Antisthenes' rejection of Plato's “Theory of Forms,” his assertion of the paradox, “It is impossible to gainsay,” and his denial that definition of essence is possible, as well as the plausible intentions of Antisthenes. In cases where these questions are not easily settled, and where modern interpretation has varied, Susan H. Prince identifies the roots of the disagreements. The goal and meaning of Antisthenes' other famous ancient paradox, “I would rather go mad than have pleasure,” is illuminated by comparison with other evidence showing that pleasure does have a place in his ideology. Evidence for his relationship to Diogenes of Sinope, and for his receptions by the Cynics, Stoics, Skeptics, Christians, and Neo-Pagans is examined for both its historical value and its distorting tendencies. (shrink)

A nativist moral psychology, modeled on the successes of theoretical linguistics, provides the best framework for explaining the acquisition of moral capacities and the diversity of moral judgment across the species. After a brief presentation of a poverty of the moral stimulus argument, this chapter sketches a view according to which a so-called Universal Moral Grammar provides a set of parameterizable principles whose specific values are set by the child's environment, resulting in the acquisition of a moral idiolect. The principles (...) and parameters approach predicts moral diversity, but does not entail moral relativism. (shrink)

If you're woke, you're left. If you're left, you're woke. We blur the terms, assuming that if you're one you must be the other. That, Susan Neiman argues, is a dangerous mistake. The intellectual roots and resources of wokeism conflict with ideas that have guided the left for more than 200 years: a commitment to universalism, a firm distinction between justice and power, and a belief in the possibility of progress. Without these ideas, Neiman argues, they will continue to (...) undermine their own goals and drift, inexorably and unintentionally, towards the right. In the long run, they risk becoming what they despise. One of the world's leading philosophical voices, Neiman makes this case by tracing the malign influence of two titans of twentieth-century thought, Michel Foucault and Carl Schmitt, whose work undermined ideas of justice and progress and portrayed social life as an eternal struggle of us against them. A generation schooled with these voices in their heads, raised in a broader culture shaped by the ruthless ideas of neoliberalism and evolutionary psychology, has set about changing the world. It's time they thought again. (shrink)

Nature, as Spinoza conceives of it, contains individual things or finite modes, each with its own essence. Although we humans classify individuals into kinds, Spinoza is adamant that the resulting types or species “are nothing”. Despite Spinoza's nominalism, his mature works posit differences between animal kinds that are discoverable by reasoning and available to philosophical understanding. Spinoza's world is fluid in the sense that the powers of individuals are in flux, changing as they interact with one another. In Spinoza's view, (...) changes in an individual's power are typically the effects of its interactions with external things. Spinoza contrasts the affective dynamics between human natures with a lack of affective commonality between humans and other kinds of animals. In his political works Spinoza translates his account of natures or essences into juridical terms. The claim that mutual sociability is what makes an animal kind is of a piece with the rest of Spinoza's philosophy. (shrink)

A unique and interdisciplinary collection in which scholars from Philosophy join those from Film Studies, English, and Comparative Literature to explore the nature and limits of love through in-depth reflection on particular works of literature and film.

This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion. International expert contributors take multidisciplinary approaches, drawing on neuroscience, philosophy, literary theory, psychology, history, and sociology to examine the role of a wide range of emotions across a variety of legal contexts. Chapters consider how the rich tapestry of human emotion impacts legal actors, influences legal doctrine, and shapes the dynamics of legal institutions. (...) Moving beyond legal contexts traditionally considered rife with emotion such as the criminal law and jury trials, the Handbook explores how emotion relates to contracts, property, bankruptcy, international law, and truth and reconciliation commissions. It also reflects on the importance of research methodologies, theories, and techniques for assessing the role of emotion in the legal arena. Surveying the depth and complexity of law and emotion across a panoply of legal actions, institutional contexts, and legal doctrines, this Research Handbook will be critical reading for academics and students of legal theory and legal philosophy. Its detailed examination of emotions in the practice of private, public, international, and criminal law will also be beneficial for lawyers, judges, and policymakers. (shrink)

This original and authoritative book offers a first-ever attempt to define a poetics of the editing arts. It proposes a new field of editing studies, in which the 'ideal editor' can be understood in relation to the long-theorised author and reader. The book's premise is that editing, like other forms of 'making', is mostly invisible and can only be brought into full view through a comparative analysis that includes the insights of practitioners. The argument, laid down in careful layers, is (...) supported by a panoramic historical narrative that tracks the shifts in textual authority from religious and secular institutions to the romanticised self of the digital present. The dangers posed by the anti-editing rhetoric of this hybrid romanticism are confronted head-on. To the traditional perception of editing as the imposition of closure, A Poetics of Editing adds a perspective on a dynamic process with a sense of the possible. (shrink)

A Teacher's Manual for this book will be available online at www.temple.edu/tempress.

Carazan's dream : Kant's early theory of freedom -- Kant's archimedean moment : remarks in observation concerning the feeling of the beautiful and the sublime -- Rousseau, Count Verri, and the true economy of human nature : lectures on anthropology, 1772-1781 -- The paradox of autonomy -- Moral hesitation in religion within the boundaries of bare reason -- Kant's true politics : Völkerrecht in toward perpetual peace and the metaphysics of morals -- Kant as educator : conflict of the faculties, (...) part one -- Archimedes revisited : honor and history in the conflict of the faculties, part two -- Kant's Jewish problem. (shrink)

This chapter contains sections titled: Introduction Origins of the Meme Meme Do Memes Exist? Trouble with Analogies and Units What is a Meme? A New Replicator or Culture on a Leash? Do Memes have Memotypes? Old Genes, New Memes Religions, Cults, and Viral Information Human Evolution Consciousness, Creativity, and the Nature of Self Conclusion Postscript: Counterpoint References.

In this book, Susan Mendus seeks to address these important questions to assess whether this apparent tension between morality and politics is real and, if so, ...

According to the language of thought (or.

Recent years have seen educationalists turning to Emmanuel Levinas when considering the relationship between ethics and education. While it is true that Levinas never speaks of ethics in relation to the practice of classroom education, nonetheless, for Levinas, ethics is a teaching, and learning can only take place in the presence of the Other. This book considers how, within the constraints of the Irish primary school education system, teachers can develop a Levinasian approach to teaching, that affords both them and (...) the children they teach multiple opportunities throughout the school day to take up their ethical responsibility for each other as Other. Beginning from a Levinasian understanding of learning and teaching as constituting primordially relational and ethical events, and weaving the philosophies of Levinas, and the educationalists he inspires, into the approaches of philosophy with children, restorative practice, and PAX, this book suggests a unique approach to ethics in Irish primary school classrooms. The focus of this thesis, then, is on both the philosophical underpinnings that anchor teaching as a Levinasian, and a consideration of what practical approaches could be employed by the Levinasian teacher. (shrink)