In the early 1980s, a new category of crime appeared in the criminal law lexicon. In response to concerted advocacy-group lobbying, Congress and many state legislatures passed a wave of "hate crime" laws requiring the collection of statistics on, and enhancing the punishment for, crimes motivated by certain prejudices. This book places the evolution of the hate crime concept in socio-legal perspective. James B. Jacobs and Kimberly Potter adopt a skeptical if not critical stance, maintaining that legal definitions (...) of hate crime are riddled with ambiguity and subjectivity. No matter how hate crime is defined, and despite an apparent media consensus to the contrary, the authors find no evidence to support the claim that the United States is experiencing a hate crime epidemic--instead, they cast doubt on whether the number of hate crimes is even increasing. The authors further assert that, while the federal effort to establish a reliable hate crime accounting system has failed, data collected for this purpose have led to widespread misinterpretation of the state of intergroup relations in this country. The book contends that hate crime as a socio-legal category represents the elaboration of an identity politics now manifesting itself in many areas of the law. But the attempt to apply the anti-discrimination paradigm to criminal law generates problems and anomalies. For one thing, members of minority groups are frequently hate crime perpetrators. Moreover, the underlying conduct prohibited by hate crime law is already subject to criminal punishment. Jacobs and Potter question whether hate crimes are worse or more serious than similar crimes attributable to other anti-social motivations. They also argue that the effort to single out hate crime for greater punishment is, in effect, an effort to punish some offenders more seriously simply because of their beliefs, opinions, or values, thus implicating the First Amendment. Advancing a provocative argument in clear and persuasive terms, Jacobs and Potter show how the recriminalization of hate crime has little value with respect to law enforcement or criminal justice. Indeed, enforcement of such laws may exacerbate intergroup tensions rather than eradicate prejudice. (shrink)

Early in the 1980s, a new category of crime appeared in the criminal law lexicon. In response to what was said to be an epidemic of prejudice-motivated violence, Congress and many state legislatures passed a wave of 'hate crime' laws that required the collection of statistics and enhanced the punishment of crimes motivated by certain prejudices. This book places in socio-legal perspective both the hate crime problem and society's response to it. From the outset, Jacobs and Potter adopt a (...) skeptical if not critical stance. They argue that hate crime is a hopelessly muddled concept and that legal definitions of the term are riddled with ambiguity and subjectivity. Moreover, no matter how hate crime is defined, the authors find no evidence to support the claim that the US is experiencing a hate crime epidemic—nor that the number or rate of hate crimes is at an historic zenith. (shrink)

This is a review of Hate Crimes: Criminal Law and Identity Politics, by James B. Jacobs and Kimberly Potter; it is argued that the arguments of that book completely fail to establish the book's principal conclusions.

A philosophically and historically influential section of the Critique of Judgement presents an ‘intuitive intellect’ as a mind whose representation is limited to what actually exists, and does not extend to mere possibilities. Kant’s paradigmatic instance of such an intellect is however also the divine mind. This combination threatens to rule out the reality of the mere possibilities presupposed by Kant’s theory of human freedom. Through an analysis of the relevant issues in metaphysical cosmology, modal metaphysics and philosophical theology, I (...) show that Kant in fact possesses the resources to reconcile the philosophical claims of §76 of the Critique of Judgement with his keystone commitment to the reality of human freedom. (shrink)

Hegel and Feminist Philosophy traces the legacy of Hegel in the work of thinkers such as de Beauvoir, Irigaray and Butler, and also in contemporary debates in ...

This book provides an invaluable overview of the competing schools of thought in traditional and contemporary normative international theory and seeks to provide a new basis for doing international political theory and thinking about ethics in world politics today. · Part one explains the role and place of normative theory in the study of international politics before critically examining mainstream approaches in international relations and applied ethics. Here the student is introduced to the central debates between realists and idealists, and (...) cosmopolitans and communitarians. · Part two introduces the conceptual challenges of contemporary perspectives from critical theory, postmodernism and feminism and provides a platform for the author to develop her own Hegelian-Foucauldian approach for doing normative international theory. · In Part three the insights drawn from the first two parts are applied to the study of two key topics in contemporary theoretical debate: the principle of self-determination, and the democratic ideals of political cosmopolitanism. Finally conclusions are made for the future practice of theorizing international politics. Accessibly written and wide-ranging, this text will quickly become essential reading for all students and academics of politics and international relations seeking a deeper understanding of the underlying tensions and future potential of international or global political theory today. (shrink)

Kant's theory of the intuitive intellect has a broad and substantial role in the development and exposition of his critical philosophy. An emphasis on this theory's reception and appropriation on the part of the German idealists has tended to divert attention from Kant's own treatment of the topic. In this essay, I seek an adequate overview of the theory Kant advances in support of his critical enterprise. I examine the nature of the intuitive intellect's object; its epistemic relation to its (...) object; its mode of comprehension; the relationship between these cognitive elements; and I ask which minds Kant regards as intuitive intellects. (shrink)

In recent years, scholars have come to understand emotions as dynamic and socially constructed—the product of interdependent cultural, relational, situational, and biological influences. While researchers have called for a multilevel theory of emotion construction, any progress toward such a theory must overcome the fragmentation of relevant research across various disciplines and theoretical frameworks. We present affect control theory as a launching point for cross-disciplinary collaboration because of its empirically grounded conceptualization of social mechanisms operating at the interaction, relationship, and cultural (...) levels, and its specification of processes linking social and individual aspects of emotion. After introducing the theory, we illustrate its correspondence with major theories of emotion construction framed at each of four analytical levels: cultural, interactional, individual, and neural. (shrink)

What comes after "postmodernism"?

: In a short and much-neglected passage in the second Critique, Kant discusses the threat posed to human freedom by theological determinism. In this paper we present an interpretation of Kant’s conception of and response to this threat. Regarding his conception, we argue that he addresses two versions of the threat: either God causes appearances directly or he does so indirectly by causing things in themselves which in turn cause appearances. Kant’s response to the first version is that God cannot (...) cause appearances directly because they depend essentially on the passive sensibility of finite beings. Kant’s response to the second version is that human beings are endowed with transcendental freedom, which blocks the causal transitivity that is presupposed by this version. We also contrast his position on this topic with Leibniz’s and Spinoza’s. (shrink)

Governing Animals explores the role of the liberal state in protecting animal welfare. Examining liberal concepts such as the social contract, property rights, and representation, Kimberly K. Smith argues that liberalism properly understood can recognize the moral status and social meaning of animals and provides guidance in fashioning animal policy.

We argue that, under certain plausible assumptions, de Sitter space settles into a quiescent vacuum in which there are no dynamical quantum fluctuations. Such fluctuations require either an evolving microstate, or time-dependent histories of out-of-equilibrium recording devices, which we argue are absent in stationary states. For a massive scalar field in a fixed de Sitter background, the cosmic no-hair theorem implies that the state of the patch approaches the vacuum, where there are no fluctuations. We argue that an analogous conclusion (...) holds whenever a patch of de Sitter is embedded in a larger theory with an infinite-dimensional Hilbert space, including semiclassical quantum gravity with false vacua or complementarity in theories with at least one Minkowski vacuum. This reasoning provides an escape from the Boltzmann brain problem in such theories. It also implies that vacuum states do not uptunnel to higher-energy vacua and that perturbations do not decohere while slow-roll inflation occurs, suggesting that eternal inflation is much less common than often supposed. On the other hand, if a de Sitter patch is a closed system with a finite-dimensional Hilbert space, there will be Poincaré recurrences and dynamical Boltzmann fluctuations into lower-entropy states. Our analysis does not alter the conventional understanding of the origin of density fluctuations from primordial inflation, since reheating naturally generates a high-entropy environment and leads to decoherence, nor does it affect the existence of non-dynamical vacuum fluctuations such as those that give rise to the Casimir effect. (shrink)

Although formal barriers to women’s social and political participation have crumbled, society remains, to a significant degree, gendered in the roles that women and men play. Women’s and men’s choices regarding work and family are largely responsible for maintaining and reinforcing the differences. While feminists recognize the need to criticize women’s choices, too often they focus on restrictive conditions rather than the choices themselves. Kimberly A. Yuracko argues instead that encouraging women to make choices in accordance with a grounded (...) and well-defined conception of perfectionism—a philosopy concerned with human flourishing—is the most effective way to redress persistent gender inequality. To this end, Yuracko seeks not only to expose the perfectionism underlying current choice critiques, but to articulate a concrete set of feminist perfectionist principles that would improve the quality of individual women’s lives and improve the social standing of women as a whole. (shrink)

The U.S. Supreme Court declared procreation to be a fundamental right in the early twentieth century in a case involving Oklahoma's Habitual Criminal Sterilization Act, an act that permitted unconsented sterilization of individuals convicted of certain crimes. The right that the Court articulated in that case is a negative right: it requires that the government not place unjustified roadblocks in the way of people seeking to procreate, but it does not require the government to take positive steps to help people (...) procreate if they wish to. I argue that a positive legal right is morally necessary in the United States, given the profound significance of procreation, the current barriers to access to care, and the related issues of individual and societal justice. I assume at the outset that the right to procreate should be expansive enough to include a right to noncoital reproduction. The absence of a positive right to procreate reflects not just constitutional tradition but also a governmental and societal commitment to a longstanding set of reproductive hierarchies by which those who fall outside of the traditional framing of family too frequently find their procreative dreams hindered. Reconceiving procreative rights to include a positive right would create greater opportunities to argue and lobby for increased access to technologies that are out of reach for many. (shrink)

Although it is not yet officially recognized as a clinical entity which is diagnosable, Internet Gaming Disorder (IGD) has been included in section III for further study in the DSM-5 by the American Psychiatric Association (APA, 2013). This is important because there is increasing evidence that people of all ages, in particular teens and young adults, are facing very real and sometimes very severe consequences in daily life resulting from an addictive use of online games. This article summarizes general aspects (...) of IGD including diagnostic criteria and arguments for the classification as an addictive disorder including evidence from neurobiological studies. Based on previous theoretical considerations and empirical findings, this paper examines the use of one recently proposed model, the Interaction of Person-Affect-Cognition-Execution (I-PACE) model, for inspiring future research and for developing new treatment protocols for IGD. The I-PACE model is a theoretical framework that explains symptoms of Internet addiction by looking at interactions between predisposing factors, moderators, and mediators in combination with reduced executive functioning and diminished decision making. Finally, the paper discusses how current treatment protocols focusing on Cognitive-Behavioral Therapy for Internet addiction (CBT-IA) fit with the processes hypothesized in the I-PACE model. (shrink)

In this piece, I extend a transformative power account to the conservation of dark (and starry) night skies. More specifically, I argue that the transformative power that dark nights bear warrants their conservation and is best understood in terms of the important intellectual, cultural, aesthetic, and (psycho-physiologically) restorative effects that they afford. This gives us a pressing set of reasons to combat the growing, global phenomenon of light pollution. To do so, I argue, we ought to preserve the few remaining (...) dark refuges that we have left (what I term wildness regions) and synergistically re-wild (i.e. re-darken) urban and suburban environments. Synergistic re-darkening, I propose, can be achieved by (i) establishing interpretive (educational) ‘dark zones’, (ii) implementing bioluminescent lighting technologies, and (iii) strategically employing lighting design. Finally, and in order to enact a degree of epistemic justice, I argue that we ought to implement multi-cultural ‘co-learning’ initiatives, which promote education pertaining to both Western, scientific and indigenous, North American astronomies. (shrink)

Du Bois regarded social reform as a legitimate object for the scientist. He gave a place to non-epistemic values in scientific reasoning and, to counter the effects of scientific racism, he constructed his approach around the belief that scientists must adopt an assumption or scientific hypothesis that African Americans are human. His engagement in scientific research was a way to reform the society in which he lived, which in turn, led him to defend the faithfulness to fact as his conception (...) of scientific objectivity. This essay examines his sophisticated theory of facts, account of the difference between the natural and human sciences, and unique pragmatist theory of truth. (shrink)

In a crossed-out section in his Fisk University commencement address on Otto von Bismarck, W. E. B. Du Bois mentions that Hegel was one of the figures that influenced him early on in his intellectual development. I argue that although Du Bois uses Hegelian language and employs a Hegelian conception of history in his address “The Conservation of Races,” he abandons both in his essay “Sociology Hesitant.” He became critical of the teleological conception of history because it rests on determinism, (...) which in his view denies the possibility for social change. With what I call his “mystical holism,” Du Bois is at odds with Hegel’s methodological holism, a distinguishing characteristic of absolute idealism. Du Bois’s dynamic idealism, which grows out of opposition to Hegelian idealism, leaves us with hope for a world without racism or at the very least in a better position to develop idealism as an anti-racist system of philosophical thought. (shrink)

Bacterial populations are heterogeneous, which in many cases can provide a selective advantage during changes in environmental conditions. In some instances, heterogeneity exists at the genetic level, in which significant allelic variation occurs within a population seeded by a single cell. In other cases, heterogeneity exists due to phenotypic differences within a clonal, genetically identical population. A variety of mechanisms can drive this latter strategy. Stochastic fluctuations can drive differential gene expression, but heterogeneity in gene expression can also be driven (...) by environmental changes sensed by individual cells residing in distinct locales. Utilizing multiple single cell approaches, workers have started to uncover the extent of heterogeneity within bacterial populations. This review will first describe several examples of phenotypic and genetic heterogeneity, and then discuss many single cell approaches that have recently been applied to define heterogeneity within bacterial populations. (shrink)

It has been argued that infants possess a rich, sophisticated theory of mind that is only revealed with tasks based on spontaneous responses. A mature theory of mind implies the understanding that mental states are person-specific. Previous studies on infants’ understanding of motivational mental states such as goals and preferences have revealed that, by 9 months of age, infants do not generalize these motivational mental states across agents. However, it remains to be determined if infants also perceive epistemic states as (...) person-specific. Therefore, the goal of the present study was to use a switch agent paradigm with the classic false belief violation-of-expectation task. Results revealed that 16-month-old infants attributed true and false beliefs to a naïve agent—they did not perceive beliefs as person-specific. These findings indicate that infants’ understanding of beliefs is not as sophisticated as the rich mentalistic view suggests. (shrink)

Philosophy has long been concerned with ‘moral status’. Discussions about the moral status of children, however, seem often to promote confusion rather than clarity. Using the creation of ‘savior siblings’ as an example, this paper provides a philosophical critique of the moral status of children and the moral relevance of parenting and the role that formative experience, regret and relational autonomy play in parental decisions. We suggest that parents make moral decisions that are guided by the moral significance they attach (...) to children, to sick children and most importantly, to a specific sick child (theirs). This moral valorization is rarely made explicit and has generally been ignored by both philosophers and clinicians in previous critiques. Recognizing this, however, may transform not only the focus of bioethical discourse but also the policies and practices surrounding the care of children requiring bone marrow or cord blood transplantation by better understanding the values at stake behind parental decision making. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Invisible HarmKimberly ZieselmanI’m a 48–year–old intersex woman born with Androgen Insensitivity Syndrome (AIS) writing to share my personal experience as a patient affected by a Difference of Sex Development (DSD). Although I appear to be a DSD patient “success story”, in fact, I have suffered and am unsatisfied with the way I was treated as a young patient in the 1980’s, and the continued lack of appropriate care for (...) intersex people even today.As the Executive Director of the advocacy organization Advocates for Informed Choice and a board member of the AIS–DSD Support Group since 2012, I have heard doctors reference the “silent happy majority” of DSD patients all too often. They speak [End Page 122] of patients who were treated in childhood and went on to live (seemingly) contented lives. It appears however that doctors have drawn this conclusion from the fact that most of their patients have not returned to complain about their treatment. While there is little evidence to support the success doctors claim, there is quite a bit of evidence that suggests my suffering is the norm rather than the exception.Medical professionals would likely include me in that “silent majority,” only seeing a woman who identifies and appears typically female, graduated law school, married for over twenty years, with adopted children and a successful career. And while I have been fortunate in many ways, I no longer want my voice to be presumed buried within that silent majority. Instead, I am speaking out today to tell my story.My StoryAt age 15 I was diagnosed with amenorrhea and referred to a reproductive oncologist who told my parents I had a partially developed uterus and ovaries that would likely soon become cancerous. We were told my vagina was abnormally short and might require surgery in order to have heterosexual intercourse.Neither my parents nor I was ever told I had AIS and XY chromosomes, or that the gonads being removed were testes, not ovaries. I was told I needed a “full hysterectomy” to prevent cancer and hormone replacement therapy. That summer I spent my 16th birthday recuperating from surgery. I spent the next 25 years living a lie.A lie that has had a profound and harmful impact on me.At some level, I knew I was not being told the whole truth. My parents’ and the doctors’ actions signaled to me something more might be going on. But I was afraid to ask questions; my parents were distressed and I didn’t want to cause them any more pain. Over the years I have wondered just how much my parents knew but withheld from me (albeit with good intentions). I sensed something awful was being hidden from me, and I didn’t know whom I could trust.When I asked my doctor if I could meet someone else with my condition, I was told I was different, that there was “nobody” with my medical condition in the world, that my situation was “very rare.” I was told to get on with my life and not talk about my surgery because it wasn’t important; I was healthy and could adopt if I wanted to become a parent. I was told I must take a hormone pill each day for the rest of my life to stay healthy.But what I heard was, “you are not a real woman: you are a damaged freak, so go out and fake the rest of your life and be sure nobody knows your secret.” So that’s what I did. I was a “good girl” and took my pills, didn’t ask questions and did what the men in white coats asked me to do. There was no support provided for either my parents or me. No social workers, no therapists. Perhaps most shockingly, there was no true informed consent.A few years ago I was diagnosed with post-traumatic stress syndrome caused by anxiety I had been harboring for over two decades about my past surgery and fear of getting cancer. I decided to obtain my medical records from the hospital and discover the truth.Covering several pages of... (shrink)

This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in (...) the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. (shrink)

Nothing was more important for W. E. B. Du Bois than to promote the upward mobility of African Americans. This essay revisits his “The Conversation of Races” to demonstrate its general philosophical importance. Ultimately, Du Bois’s three motivations for giving the address reveal his view of the nature of philosophical inquiry: to critique earlier phenotypic conceptions of race, to show the essentiality of history, and to promote a reflexive practice. Commentators have been unduly invested in the hermeneutic readings and as (...) a result have misunderstood it as a philosophical text. Du Bois did more than introduce the concept of race into the purview of philosophy, he provided a method for philosophical inquiry into a concept that is notoriously difficult to approach with precision. My goal here is to show why no introduction to philosophy and no discussion about the nature of philosophical inquiry is complete without consideration of “Conservation.” Certainly, it is a text about race, but it is also an important philosophical text in general. (shrink)

Discussions of non-racialism in South Africa and discussions of post-racialism in the United States are sufficiently similar to invite the question as to whether South African thinkers could help to develop new ways of thinking about post-racialism and its potential in the United States. Biko's ideas are rarely taken up in the United States, yet they are relevant to contemporary discussions in critical philosophy of race. This article begins with an evaluation of the typology of non-racialism provided by Rupert Taylor (...) and the historical study of non-racialism provided by Julie Frederikse, distinguishing different understandings of non-racialism. The second section presents Biko's understanding of non-racialism, arguing that Biko's understanding of which is embedded in his account of Black Consciousness, and not a variant of racial eliminativism. The final section focuses on the striking similarities between understandings of non-racialism and post-racialism using a distinction it introduces between principled and progressive forms of both these terms. Ultimately, this article makes the case for a progressive understanding of post-racialism, which has yet to be articulated and is too easily dismissed in the United States. (shrink)

During his life time, the famed 16th century astronomer Tycho Brahe made a convincing case for what came to be known as the Tychonic System. It was a picture of the heavens as he saw it from his observational complex Uraniborg. Yet despite the scientific prowess that marked everything Brahe did, the design of his system was powerfully influenced by a beliefs that had been in place since Ancient Greece.

Though many have recently attempted either to locate Arendt within feminism or feminism within the great body of Arendt's work, these efforts have proven only modestly successful. Even a cursory examination of Arendt's work should suggest that these efforts would prove frustrating. None of her voluminous writings deal specifically with gender, though some of her work certainly deals with notable women. Her interest is not in gender as such, but in woman as assimilated Jew or woman as social and political (...) revolutionary. In this paper, I argue that Arendt recognized that what frequently passes for a gender question is not essentially a matter of gender at all, but rather an idiosyncratic form of loneliness that typically affects, though is by no means limited to, women. In her work one finds the conceptual tools necessary to understand the “woman problem” rather than an explicit argument or a solution to it. (shrink)

Educational gatekeeping functions in psychology serve to assess, remediate, and/or dismiss students and trainees with problematic professional competencies (STPPC). Recently, professional psychology graduate programs have increasingly focused on problems with professional competency, and they have begun to implement formal procedures to intervene with STPPC (Rubin et al., 2007). However, there has been considerably less literature addressing the ethics and ethical considerations of instituting these gatekeeping functions, especially in different stages of education and training in psychology. The American Psychological Association (APA; (...) 2002) Ethical Principles of Psychologists and Code of Conduct (Ethics Code) offers faculty and supervisors ethical principles and obligatory standards that provide guidance about how to implement highly ethical gatekeeping practices. The purpose of this article is to highlight the major ethical issues and dilemmas that faculty and supervisors may face when intervening with STPPC and provide recommendations for ethical gatekeeping practices that are inspired by the APA Ethics Code. (shrink)

This chapter contains sections titled: Story Song Prayer.