This book provides the first serious, sustained philosophical investigation of the criminal prosecution of domestic violence. It provides a theoretical framework for understanding ongoing debates regarding the criminal justice system's response to domestic violence.

This article sets out a framework for distinguishing three kinds of norms governing past sexual (mis)conduct and our responses to it: wrongfulness norms, excusability norms, and accountability norms. The framework provides conceptual tools for making sense of (and understanding the limits of) three distinct responses commonly offered by those accused of past sexual misconduct: “But that used to be okay!” “But everybody used to think that was okay!” and “But that was so long ago!”.

This chapter examines three approaches to applied political and legal philosophy: Standard activism is primarily addressed to other philosophers, adopts an indirect and coincidental role in creating change, and counts articulating sound arguments as success. Extreme activism, in contrast, is a form of applied philosophy directly addressed to policy-makers, with the goal of bringing about a particular outcome, and measures success in terms of whether it makes a direct causal contribution to that goal. Finally, conceptual activism (like standard activism), primarily (...) targets an audience of fellow philosophers, bears a distant, non-direct, relation to a desired outcome, and counts success in terms of whether it encourages a particular understanding and adoption of the concepts under examination. (shrink)

In whose voice does the criminal law speak, and why does it matter? Miriam Gur-Arye argues that the answer to the first question depends on the kind of duty violated by the crime at issue. In some cases (say, election fraud or tax evasion), the criminal law speaks in the voice of the polity—but in other cases (say, murder or rape), it speaks in the voice of human beings. Or so argues Gur-Ayre. Not surprisingly, perhaps, a lot depends on what (...) one means by the voice of the criminal law. In this paper, I defend two related arguments. First, the criminal law typically claims to speak in the voice of the polity, even if, in practice, it often fails to do so. Second, where the criminal law does speak in the voice of the polity, its doing so can contribute to its own justification. (shrink)

This chapter examines three approaches to applied political and legal philosophy: standard activism, extreme activism, and conceptual activism. They differ from one another in their target audiences, how directly the arguments seek to advance change in the world, and what they take as their measure(s) of success. Standard activism is primarily addressed to other philosophers, adopts an indirect and coincidental role in creating change, and counts articulating sound arguments as success. Extreme activism, in contrast, is a form of applied philosophy (...) directly addressed to policy‐makers, with the goal of bringing about a particular outcome, and measures success in terms of whether it makes a direct causal contribution to that goal. Finally, conceptual activism (like standard activism), primarily targets an audience of fellow philosophers, bears a distant, non‐direct, relation to a desired outcome, and counts success in terms of whether it encourages a particular understanding and adoption of the concepts under examination. (shrink)

This article provides a comparative analysis of various methodologies employed in building arguments regarding prostitution law and policy, and reflects on the proper aims of legal philosophy more generally. Taking Peter de Marneffe’s Liberalism and Prostitution (OUP 2010 ) as a launching point for these reflections, the article offers a mostly favourable review of the book as a whole, and defends the philosophical method as one (amongst other) valuable ways to argue about prostitution.

This chapter examines applied ethics regarding prostitution and criminalization. It proceeds in three parts. Part one examines different ways of defining prostitution, part two reviews five objections to prostitution that have framed standard debates regarding criminalization, and part three examines issues that have arisen in ethical debates regarding prostitution and criminalization in recent decades. Along the way, the chapter illustrates the extent to which debates in applied ethics regarding the criminalization of prostitution depend in large part on what prostitution is (...) like in a given social context. Further, the chapter emphasizes that satisfactory answers to this question depend not only on empirical evidence but on ethical disagreements regarding underlying concepts such as choice, freedom, and consent. (shrink)

This article explores some conceptual issues regarding criminalization at the domestic and international levels. It attempts to explain what it means to say that a particular kind of conduct has been criminalized, and considers how the processes of criminalization differ in domestic and international law. In unpacking these issues, the article takes the examples of rape and sex trafficking in domestic and international legal systems, explores whether these offenses are criminalized more broadly in international criminal law as compared to domestic (...) criminal law, and briefly outlines possible explanations for this disparity. (shrink)

This article is a contribution to a symposium on Kit Wellman’s intriguing monograph, Rights Forfeiture and Punishment. Primarily, the article grapples with Wellman’s claims regarding the moral permissibility of sadistic punishment. The metaphor of “philosophical languages” is employed throughout, to compare Wellman’s use of rights-forfeiture discourse to an approach that is grounded in practical-reasons discourse. This study in philosophical translation allows us to reassess and critique Wellman’s conclusions regarding the moral permissibility of sadistic punishment. On one level, the article is (...) an attempt to engage with Wellman’s book and rights-forfeiture based arguments on, and in, their own terms. Yet, the article is also an attempt to explain and defend a practical-reasons based approach to appraising moral permissibility. If the article succeeds, it both pays tribute to Wellman’s masterful rights-forfeiture arguments, while making the case that practical-reason arguments illuminate a wider range of salient considerations that we should wish to keep in view when considering the moral permissibility of sadistic punishments. (shrink)

I am grateful to Criminal Law & Philosophy for organizing this symposium on my book, Prosecuting Domestic Violence: A Philosophical Analysis (OUP 2009)—and am especially indebted to Professors Kinports and Cowan for their careful, generous, and challenging engagements with my arguments. I am relieved to find that Professors Kinports and Cowan are mostly positive in their evaluation of the book’s merits and delighted to find their critical reflections have offered me the opportunity to think more deeply about the project I (...) undertook in the book.I found much with which to agree in both commentaries. Indeed, I will have little to offer in response to Professor Kinports’ article until the end of my own comments here, except to note that I found her critique of prosecutors-as-community-representatives as illuminating as it was disheartening. Perhaps one way to increase the likelihood that prosecutors might someday act as genuine representatives of their communities (in whole or in part) wou .. (shrink)

This article examines the normative force of consent, explaining how consent works its “moral magic” in transforming the moral quality of conduct that would otherwise constitute a wrong against the consenting person. Dempsey offers an original account of the normative force of consent, according to which consent (when valid) creates an exclusionary permission . When this permission is taken up, the moral quality of the consented-to conduct is transformed, such that it no longer constitutes a wrong against the consenting (...) person. Building on this account of how consent works, Dempsey identifies two sets of cases in which consent fails to transform the moral quality of one’s conduct: cases in which one is consent-insensitive to the rational force of another’s consent, and cases in which one acts for sadistic reasons. (shrink)

Michelle Madden Dempsey’s Prosecuting Domestic Violence: A Philosophical Analysis (2009) is an important book for many reasons. Amongst these are the prevalence of domestic violence and the extraordinary, largely unaccountable discretionary powers wielded by prosecutors in the United States. Against this background, Dempsey asks in particular what prosecutors should do when the victims of domestic violence withdraw their support from the proposed prosecution. In Prosecuting Domestic Violence, Dempsey provides a general account of prosecutorial practical reasoning that (...) can be applied to answer this question. Given that she argues that “particularly aggressive prosecution” is in at least some cases justified, the later chapters of the book address issues surrounding the victims of domestic violence: their rights and duties when it comes to prosecution and the measures that might be directed against victims who are unwilling to co-operate.What Dempsey calls her “central analytic tool” in .. (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)

This paper is a short commentary on Michelle Dempsey's contribution to a symposium on the work of John Finnis which took place at Villanova Law School in the fall of 2011. It focuses on Finnis's claim that there is a presumptive obligation to obey the law and some worries that Dempsey raises against this claim. It is forthcoming, along with several other papers from the symposium, in the Villanova Law Review.

This paper clarifies and defends my account of the rights forfeiture theory of punishment in response to analyses by Michelle Madden Dempsey and Gerald Lang.

In 'Law as a Leap of Faith' Gardner's analogy of faith in law to faith in God may seem outlandish. But consider the implications of the positions Gardner's jurisprudential views assemble: law can give us reason to do what we would otherwise not have reason to do - in fact it can give us reason to do what would otherwise be immoral. This is the implication of a commitment to law's capacity to give exclusive reasons, on one hand, together with (...) the commitment, on the other, that any given law is valid because of its sources and not its moral merits. (shrink)

An indispensable guide to reducing the suffering -- of patients and caregivers alike -- and to improving healthcare delivery for all. The Antidote to Suffering is the first book to explore the pervasiveness of suffering in our healthcare system, and to offer a powerful, detailed, evidence-based plan for optimizing the patient and caregiver experience. Timely and important, the book defines compassionate and connected care, presenting specific recommendations drawn from proprietary research. It provides a comprehensive solution to suffering in healthcare, addressing (...) the clinical, operational, cultural, and behavioral aspects of care delivery. Readers will find insightful personal accounts from patients and providers, as well as practical, tangible strategies for improving healthcare without sacrificing the respect, dignity, and compassion we all deserve. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Peaceful Persuasion: The Geopolitics of Nonviolent RhetoricSarah E. DempseyPeaceful Persuasion: The Geopolitics of Nonviolent Rhetoric. Ellen W. Gorsevski. Albany: State University of New York Press, 2004.pp. 262. $55.00, hardcover.The overriding emphasis on violence, militarization, and retribution within current geopolitical contexts demands that we acquire greater understandings of nonviolent communicative practices. In Peaceful Persuasion, author Ellen Gorsevski, Professor of English and Communication at Oregon State University, argues that nonviolent (...) rhetoric tends to be ignored by scholars—that its methods, strategies, and impacts are often passed over and that nonviolence is often framed as hopelessly utopian, unrealistic, and ineffective. Gorsevski situates her study of nonviolent rhetoric less within its humanistic and religious inheritance, drawing instead on a contrast with existing models of rhetoric. As a strategy for rhetorical and political action, Gorsevski takes nonviolence to be instructive of new ways to reconfigure both rhetorical studies and social movement strategy.It is important to note that Gorsevski's need to study peaceful means of relating to others is driven as much by a love of rhetorical theory as by a passion for translating an understanding of nonviolent rhetoric into strategies for activists. As such, this book provides a solid introduction to rhetorical theory, including an appendix on the connection between rhetoric and nonviolence that details what activists have to gain from each. In addition, instructors will find useful a chapter on the specifics of incorporating nonviolence into speech communication classrooms.Peaceful Persuasion's greatest contribution to rhetorical studies is the careful drawing out of the many ways that a rhetorical take on nonviolence has become increasingly necessary. To make this solid case, Gorsevski draws on four very diverse case studies of nonviolent rhetoric. In a move that is both surprising and refreshing, Gorsevski's case studies do more than provide exemplars of how critics may read nonviolence as a powerful rhetorical strategy; each helps to further delineate the key characteristics of what has been, until now, a relatively undefined area of rhetorical action.Gorsevski's gift to her readers is the ability to demonstrate the rich subtleties of nonviolence through very different contexts. The case studies [End Page 89] draw from such different sources that at first seem disorienting. Upon reflection, it becomes clearer that they greatly complicate our notions of nonviolence, redressing the disservices of previous bleary analyses that configured nonviolence only by its lack of violence rather than according to its fruitful range of seemingly contradictory strategies. The cavernous distances each study crosses illuminate the multiplicity of forms, meanings, and strategies that nonviolence may take. As such, any definition of nonviolence that I may provide in this short review does a serious disservice to the depth that Gorsevski creates through her sometimes disjointed case studies.The case studies serve at least dual purposes, as each provides an analysis that extends our understandings of nonviolence in action as it also offers instructive mini-lessons for the further development of rhetorical studies. In the first case study, Gorsevski provides a contextualized analysis of critics' interpretations of the film The Spitfire Grill, which she shows to be reflective of the "predominantly accepting orientation that rhetoric and film critics hold for the idea that humans are characterized by "innate aggression" and violence" (68). For Gorsevski, this study demonstrates that nonviolence as a lens can be applied to a range of texts just as well as any other approach to rhetoric. Gorsevski moves her analysis of nonviolent rhetoric into the geopolitical realm for her study of President of Macedonia Kiro Gligorov's historic first speech before the United Nations. She takes his speech as evidence of the usefulness of pragmatic nonviolence, which entails "noncooperation or defiance of political adversaries in order to decry a perceived injustice" (72). Gligorov's speech illustrates that nonviolence and violence are best seen less as equivalent than, rather, as operating on a sliding scale. For Gorsevski, successful use of pragmatic nonviolence may even include a measure of violence as long as it serves to reduce the escalation of further strife.Next Gorsevski explores the visual rhetoric of the gendered body of Burmese activist and Nobel Peace Prize winner Aung San Suu Kyi to show... (shrink)

This paper considers the so-called explanatory gap between brain activity and conscious experience. A number of different, though closely related, explanatory gaps are distinguished and a monistic account of conscious experience, a version of Herbert Feigl’s “twofold-access theory,” is advocated as a solution to the problems they are taken to pose for physicalist accounts of mind. Although twofold-access theory is a version of the mind-body identity thesis, it in no way “eliminates” conscious experience; rather, it provides a parsimonious and explanatorily (...) fruitful theory of the consciousness-body relation which faithfully preserves the nature of conscious experience while going quite far in “bridging” the various explanatory gaps distinguished below. (shrink)

Beginning with the view that human consciousness is essentially embodied and that the way we consciously experience the world is structured by our bodily dynamics and surroundings, the book argues that emotions are a fundamental manifestation of our embodiment, and play a crucial role in self-consciousness, moral evaluation, and social cognition.

There is a tendency to take mounted dinosaur skeletons at face value, as the raw data on which the science of paleontology is founded. But the truth is that mounted dinosaur skeletons are substantially intention-dependent—they are artifacts. More importantly, I argue, they are also substantially imagination-dependent: their production is substantially causally reliant on preparators’ creative imaginations, and their proper reception is predicated on audiences’ recreative imaginations. My main goal here is to show that dinosaur skeletal mounts are plausible candidates for (...) art-status. But, what is more, I think they are artworks—specifically, sculptures. (shrink)

This chapter considers The Daily Show's unique capacity to demonstrate, through satire, misuses of reason in politics and the media. It considers examples taken from “Indecision 2004,” more recent examples from “Indecision 2012,” and some from The Colbert Report. The chapter begins by considering The Daily Show's treatment of the more common logical fallacies employed by politicians and their exponents. Next, it discusses various political appeals to emotion exposed by The Daily Show. Then, it considers some of The Daily Show's (...) many forays into the alternative universe of political spin, the systematic, politically motivated use of persuasive language, including “talking points.” The chapter concludes by briefly considering some of the different comedic devices used by Jon Stewart and Stephen Colbert to expose and satirize these kinds of political rhetoric. (shrink)

Philosophical suspicions about the place of shame in the psychology of the mature moral agent are in tension with the commonplace assumption that to call a person shameless purports to mark a fault, arguably a moral fault. I shift philosophical suspicions away from shame and toward its absence in the shameless by focusing attention on phenomena of shamelessness. In redirecting our attention, I clarify the nature of the failing to which ascriptions of shamelessness might refer and defend the thought that, (...) as an evasion of moral self-censure, shamelessness can be morally pernicious. Far from foregoing shame, I conclude, we should be mindful of its moral importance and unapologetic in its defense. (shrink)

This paper provides an overview of the history of the notion of essence in 20th century analytic philosophy, focusing on views held by influential analytic philosophers who discussed, or relied on essence or cognate notions in their works. It in particular covers Russell and Moore’s different approaches to essence before and after breaking with British idealism, the (pre- and post-)logical positivists’ critique of metaphysics and rejection of essence (Wittgenstein, Carnap, Schlick, Stebbing), the tendency to loosen the notion of logical necessity (...) to accommodate certain metaphysical truths in Wittgenstein and others, Quine’s logical rehabilitation of metaphysics and criticism of de re modality, the modal view of essence promoted by the development of quantified modal logic (C. I. Lewis, Barcan Marcus, Kripke) and direct reference theory (Barcan Marcus, Kripke, Putnam), and the emergence of the notion of metaphysical necessity (Kneale, Kripke), and finally Fine’s re-establishment of a Neo-Aristotelian, hyperintensional notion of essence in contemporary metaphysics. (shrink)

Ce livre de Michel Freitag interpelle "tous ceux qui s'interrogent sur la place qu'ils tiennent ou le rôle qu'ils jouent dans l'aventure de l'Université contemporaine." (Georges Leroux, Spirale) Une des constantes des écrits contenus dans ce livre "réside dans la comparaison systématique que Michel Freitag établit entre les caractéristiques de la modernité et celles de la postmodernité et les conséquences de celle-ci sur le traitement des enjeux et des problèmes actuels." (Louis Guay, Anthropologie et société) "Dans une société réduite au (...) bavardage, à l'insignifiance, à la poursuite de petits bonheurs mesquins, le tout sous contrôle bureaucratique de plus en plus envahissant, une telle réflexion est devenue essentielle. Voici un livre de bonne foi qui n'attend que ses lecteurs, qu'on souhaite nombreux." (Robert Major, Voix et images). (shrink)

Philosophers disagree about what the folk concept of pain is. This paper criticises existing theories of the folk concept of pain, i.e. the mental view, the bodily view, and the recently proposed polyeidic view. It puts forward an alternative proposal – the polysemy view – according to which pain terms like “sore,” “ache” and “hurt” are polysemous, where one sense refers to a mental state and another a bodily state, and the type of polysemy at issue reflects two distinct but (...) related concepts of pain. Implications with respect to issues in philosophy of pain are also drawn. (shrink)

« Qu’est-ce que la philosophie et quel est son rôle aujourd’hui? Entre juillet et octobre 1966, quelques mois après la parution des Mots et les Choses, Michel Foucault, dans un manuscrit très soigneusement rédigé mais qu’il ne publiera pas, apporte sa réponse à cette question tant débattue.À la différence de ceux qui, à l’époque, s’attachent à dévoiler l’essence de la philosophie ou à en prononcer la mort, Foucault l’appréhende, dans sa matérialité, comme un discours dont il convient de dégager l’économie (...) eu égard aux autres discours (scientifique, fictif, ordinaire, religieux) qui circulent dans un contexte donné.Le Discours philosophique propose ainsi une nouvelle manière de faire l’histoire de la philosophie, qui la décentre du commentaire des grands philosophes. Nietzsche y occupe toutefois une place particulière car il inaugure une conjoncture où la philosophie devient une entreprise de diagnostic du présent. Il revient en effet désormais à la philosophie de dire, à partir de l’« archive intégrale » d’une culture, ce qui en fait l’actualité.Si L’Archéologie du savoir, consacré aux enjeux méthodologiques d’un tel projet, s’y annonce, nulle part autant que dans Le Discours philosophique Michel Foucault n’aura explicité les ambitions de son programme intellectuel.»--. (shrink)

Because of their range, brilliance, and singularity, the ideas of the philosopher-critic-historian Michel Foucault have gained extraordinary currency throughout the Western intellectual community. This book offers a selection of seven of Foucault's most important published essays, translated from the French, with an introductory essay and notes by Donald F. Bouchard. Also included are a summary of a course given by Foucault at College de France; the transcript of a conversation between Foucault and Gilles Deleuze; and an interview with Foucault that (...) appeared in the journal Actuel. Professor Bouchard has divided the book into three closely related sections. The four essays in Part One examine language as a "perilous limit" of what we know and what we are. The essays in the second part suggest the methodological guidelines to which Foucault subscribes, and they record, in the editor's words, "the penetration of the language of literature into the domain of discursive thought." The material in the last section is more obviously political than the essays. It treats language in use, language attempting to impart knowledge and power. Translated by the editor and Sherry Simon into fluent and lucid English, these essays will appeal primarily to students of literature, especially those interested in contemporary continental structuralist criticism. But because of the breadth of Foucault's interests, they should also prove valuable to anthropologists, linguists, sociologists, and psychologists. (shrink)

BackgroundHuman female orgasm is a vexed question in the field while there is credible evidence of cryptic female choice that has many hallmarks of orgasm in other species. Our initial goal was to produce a proof of concept for allowing females to study an aspect of infertility in a home setting, specifically by aligning the study of human infertility and increased fertility with the study of other mammalian fertility. In the latter case - the realm of oxytocin-mediated sperm retention mechanisms (...) seems to be at work in terms of ultimate function while the proximate function remains unresolved.MethodA repeated measures design using an easily taught technique in a natural setting was used. Participants were a small, non-representative sample of females. The introduction of a sperm-simulant combined with an orgasm-producing technique using a vibrator/home massager and other easily supplied materials.ResultsThe sperm flowback (simulate... (shrink)

The global financial crisis that began in 2007 concentrated attention on the morality of banking and financial activities. Just as mainstream businesses became increasingly defined by their financial performance, banks, it seemed, got themselves - and everyone else - into trouble through an over-emphasis on themselves as commercial enterprises that need pay little attention to traditional banking virtues or ethics. While the GFC had many causes, criticism was legitimately levelled at banks over the ethics of mortgage creation, excessive securitisation, executive (...) remuneration, and high-pressure customer sales tactics, amongst other things. These criticisms mirror those that have been levelled at the business more generally, particular in the last decade, although the backdrop provided by the GFC is more dramatic, and the outcomes of supposed wrongdoing more severe. This book focuses on business ethics after the GFC; not on the crisis itself, but how we should respond to it. The GFC has focused minds on the proper role of ethics in the understanding and conduct of business activity, but it is essential to look beyond the crisis to address the deeper challenges that it highlights. The aim of this volume is to present examples of the latest philosophically-informed thinking across a range of ethical issues that relate to business activity, using the banks and the GFC - the consequences of which continue to reverberate - as a point of departure. The book will be of great value to researchers, academics, practitioners, and students interested in business, ethics in general, and business ethics in particular. (shrink)