The Clinical Ethics Credentialing Project (CECP) was intiated in 2007 in response to the lack of uniform standards for both the training of clinical ethics consultants, and for evaluating their work as consultants. CECP participants, all practicing clinical ethics consultants, met monthly to apply a standard evaluation instrument, the QI tool , to their consultation notes. This paper describes, from a qualitative perspective, how participants grappled with applying standards to their work. Although the process was marked by resistance and disagreement, (...) it was also noteworthy for the sustained engagement by participants over the year of the project, and a high level of acceptance by its conclusion. (shrink)

The Clinical Ethics Credentialing Project (CECP) was intiated in 2007 in response to the lack of uniform standards for both the training of clinical ethics consultants, and for evaluating their work as consultants. CECP participants, all practicing clinical ethics consultants, met monthly to apply a standard evaluation instrument, the “QI tool”, to their consultation notes. This paper describes, from a qualitative perspective, how participants grappled with applying standards to their work. Although the process was marked by resistance and disagreement, it (...) was also noteworthy for the sustained engagement by participants over the year of the project, and a high level of acceptance by its conclusion. (shrink)

La femme s'entête répond à La Femme sans tête (dite aussi Femme 100 têtes) de Max Ernst : loin de répéter les mêmes palinodies sur la créativité féminine (bridée, ou exaltée par le surréalisme), elle s'entête, passionnée tout en refusant la polémique à comprendre et à décrire. Voici donc, abondamment illustrés, un riche outil de travail et une série de portraits, souvent totalement inédits, d'artistes et d'écrivains.

This article presents two studies that examine cause-related marketing promotions that require consumers’ active participation. Requiring a follow-up behavior has very valuable implications for maximizing marketing expenditures and customer relationship management. Theories related to ethical behavior, like motivated reasoning and defensive denial, are used to explain when and why consumers respond negatively to these effort demands. The first study finds that consumers rationalize not participating in CRM by devaluing the sponsored cause. The second study identifies a tactic marketers can utilize (...) to neutralize consumers’ use of defensive denial. Allowing the consumer to choose the sponsored cause seems to effectively refocus their attention and increases consumers’ threshold for campaign requirements. Implications for nonprofits and marketing managers include a tendency for consumers to be more likely to perceive a firm as ethical and socially responsible when they are allowed to choose the specific cause that is supported. (shrink)

Domination as opposed to what? Michel Foucault’s works on power and subject formation uncover the subtle ways in which disciplinary power structures create opportunities for domination. Yet Foucaul...

In general, we know that gesture accompanying spoken instruction can help children learn. The present study was conducted to better understand how gesture can support children’s comprehension of spoken instruction and whether the benefit of teaching though speech and gesture over spoken instruction alone depends on differences in cognitive profile – prior knowledge children have that is related to a to-be-learned concept. To answer this question, we explored the impact of gesture instruction on children’s analogical reasoning ability. Children between the (...) ages of 4 and 11 years solved scene analogy problems before or after speech alone or speech and gesture instruction while their visual attention was monitored. Our behavioral results suggest a marginal benefit of gesture instruction over speech alone, but only 5-year-old children showed a distinct advantage from speech+gesture instruction when solving the post-instruction trial, suggesting that at this age, children have the cognitive profile in place to utilize the added support of gesture. Furthermore, while speech+gesture instruction facilitated effective visual attention during instruction, directing attention away from featural matches, and towards relational information, was pivotal for younger children’s success post instruction. We consider how these results contribute to the gesture-for-learning literature and consider how the nuanced impact of gesture is informative for educators teaching tasks of analogy in the classroom. (shrink)

As of the first week of February 2021, the COVID-19 pandemic has resulted in over two million people dead across the globe. This essay argues that in order to fully understand the politics arising from the COVID-19 pandemic, we need to focus on the individual and collective experiences of death, loss, and grief. While the emerging scholarly discourse on the pandemic, particularly in political science and international relations, typically considers death only in terms of its effects on formal state-level politics (...) and as a policy objective for mitigation, we argue that focusing on the particularities of the experience of death resulting from COVID-19 can help us fully understand the ways in which the pandemic is reordering our worlds. Examining the ambiguous sociopolitical meaning of death by COVID-19 can provide broader analytical comparisons with other mass death events. Ultimately, the essay argues that centering the impact of the pandemic on the experience of death and loss directly poses the question of how politics should value human lives in the post-pandemic world, helping us better formulate the normative questions necessary for a more ethical future. (shrink)

Early in the COVID-19 pandemic, researchers reported a surprising trend in disease outcomes: men were more likely to require hospitalization and die from COVID-19 than women. Researchers looked to sex-linked biology to explain these disparities, hypothesizing innate sex differences in immune function, suggesting the use of estrogens or androgen-suppressants as therapy, and even pushing for sex-specific vaccine strategies. Leading bioethicists like Dr. Ezekiel Emanuel at the University of Pennsylvania recently described the sex disparity in COVID-19 outcomes as "the unsolved mystery" (...) of the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:'kvieuJs SELECTED· LETTERS KATHARINE TAIT Carn Voel Porthcurno,- Cornwall TRI9 6LN, England Nicholas Griffin. The Selected Letters ofBertrand Russel~ Vol. I: The Private Years, I884-I9I4. London: Allen Lane the Penguin PreSs, 1992. Pp. xxi, 553.£25.00; C$47.99; US$35·00. Nicholas Griffin has done an admirable job of selecting and explaining the letters in this first volume. It is amazingly to his credit that he 'manages to be so well acquainted (...) with and to understand so well a world so remote from his own. In the whole volume, I found only two small points on which to augment his knowledge. If he had looked up Shakespeare's poem about greasy Joan, which we all know in part, he would have solved for himself the mystery of Marian's nose, referred to on page 93. It was red and raw from the cold, as Russell's always was from sunburn in the summer-and usually peeling besides. And on page 217, perhaps a more esoteric mystery: Milligan is a game of patience played with two packs of cards, which I have seen him playing with a special small set capable of being spread out on a small table. My only other quibble is that I think perhaps Griffin is a trifle too hard on Grandmother Russell, who may have been less calculating and more sentimental than he supposes. That she was not above emotional blackmail is clear from Russell's letter to Alys of 17 August 1894: I went to· my Grandmother, and found her on the sofa in her sitting-room. We embraced in silence for some time and then I looked at her sadly with tears in my eyes and she said "Well I'm worse than you thought I was": not with an air of triumph, but of mild reproof for my heartlessness in having felt so little anxiery. She besought me to consent to an absence; she says everybody who comes thinks it strange I should not be here when she is so ill, and that both thee and I are suffering in reputation in consequence. She gave repeated assurances (which I didn't need) of her absolute unselfishness in urging my home-duties; she really does care only about my moral welfare, which she feels to be imperilled by such neglect. (P. 98) Awful stuff, yet I think she may have rather been seizing any weapon that came to hand than laying deeply cunning schemes; but this is only opinion and I would bow to Griffin's greater knowledge of the facts. His analysis of Evelyn Whitehead's "attacks",their effect on Russell and his relations with russell: me Journal of me Bemand Russell Archives McMaster University Libraty Pr... n.s. I> (winter 1992-9~): 211-24 ISSN OO~6-O1631. 212 Reviews her, on the other hand, I found enlightening and quite the best thing I have read on the subject. Some other fine items must be singled out for special mention. First, the generous tribute to Russell's integrity over Frege on page 245. Russell had spent five years working in almost complete isolation on the Principles only to find, when it had gone to press, that much of what was best and most original in it had been anticipated by Frege. Yet, even in his private correspondence, he never gave so much as a hint of any concern about his loss of priority, but only his delight at having found a thinker with similar ideas. It required an integrity beyond the call of duty to add to the Principles an appendix drawing attention to Frege's work and generally to do what he could to make it better known. Griffin's editorial work is for the most part adlJIirably dispassionate, always informative, sometimes speculative, occasionally critical; but when the occasion warrants (usually over professional matters), he is unstinting in his praise. Russell's comments about The Principles ofMathematics in his letters seem absurdly modest. The book was undoubtedly a wotk of genius; in some ways, the greatest thing he ever wrote.... (I]r offered not merely a new philosophy ofmathematics bur a new way of doing philosophy. Yet Russell... (shrink)

Relationships of physical resemblance to personality similarity and social affiliation have generated considerable discussion among behavioral science researchers. A “twin-like” experimental design explores associations among resemblance in appearance, the Big Five personality traits, self-esteem, and social attraction within an evolutionary framework. The Personality for Professionals Inventory, NEO/NEO-FFI-3, Rosenberg Self-Esteem Scale, and a Social Relationship Survey were variously completed by 45 U-LA pairs, identified from the “I’m Not a Look-Alike” project, Mentorn Media, and personal referrals. The mean U-LA intraclass correlations were (...) negligible for all Big Five personality traits on the PfPI and NEO/NEO-FFI-3. In contrast, mean ri values of.53 and.15 for monozygotic and dizygotic reared-apart twins, respectively, have been reported for these personality measures. The U-LA self-esteem correlation was also below the correlations reported for MZ and DZ reared-together twins. Finally, far fewer U-LAs expressed close social relationships than MZA and DZA twins. The present study extends earlier findings indicating that appearance is not meaningfully related to personality similarity and social relatedness. The criticism that MZ twins are alike in personality because their matched looks invite similar treatment by others is refuted. A more judicious interpretation is reactive genotype-environment correlation, namely that MZ twins’ similar personalities evoke similar reactions from others. MZ twins’ close social relations most likely derive from their perceptions of genetically based within-pair similarities that are lacking in U-LAs. (shrink)

This is the 8th edition of the book, with eight new essays to the volume. Table of contents: Are We Having Sex Now or What? (Greta Christina); Sexual Perversion (Thomas Nagel); Plain Sex (Alan Goldman); Sex and Sexual Perversion (Robert Gray); Masturbation and the Continuum of Sexual Activities (Alan Soble); Love: What’s Sex Got to Do with It? (Natasha McKeever); Is “Loving More” Better? The Values of Polyamory (Elizabeth Brake); What Is Sexual Orientation? (Robin Dembroff); Sexual Orientation: What Is It? (...) (Kathleen Stock); Asexuality (Luke Brunning and Natasha McKeever); LGBTQ ... Z? (Kathy Rudy); How to Be a Pluralist About Gender Categories (Katharine Jenkins); The Negotiative Theory of Gender Identity and the Limits of First-Person Authority (Burkay Ozturk); Racial Sexual Desires (Raja Halwani); Sex and Technology: The Ethics of Virtual Connection (Neil McArthur); A Realist Sexual Ethics (Micah Newman); Sexual Morality and the Concept of Using Another Person (Thomas Mappes); Sexual Use (Alan Soble); Dark Desires (Seiriol Morgan); The Harms of Consensual Sex (Robin West); Casual Sex, Promiscuity, and Objectification (Raja Halwani); Is Prostitution Harmful? (Ole Martin Moen); BDSM (Shaun Miller); Two Views of Sexual Ethics: Promiscuity, Pedophilia, and Rape (David Benatar); Sexual Gifts and Sexual Duties (Alan Soble); A Bibliography of the Philosophy of Sex . (shrink)

Dossier: L’humilité Présentation du dossier. Coordonné par Elisa Grimi. Essays and contributors: L’intelligence de l’humilité, Carla Canullo; La virtù dell’umiltà e l’eudemonismo, Mario Micheletti; Humility – A work of love?, Katharine Opalka; L’humilité intellectuelle, la foi et l’épistémologie, Roger Pouivet; L’irriducibile ragionevolezza di un paradosso. L’umiltà secondo Tommaso d’Aquino e Gilbert K. Chesterton, Marco Salvioli, O.P.; L’Humilité, une ontologie de l’identité, Elisa Grimi.

Au cours des années 1980, les démographes et statisticiens semblent découvrir « la féminisation des migrations », une expression courante dans les décennies suivantes, à la fois dans des publications de vulgarisation et universitaires. Katharine M. Donato et Donna Gabaccia affirment cependant que la féminisation des migrations n’est pas un phénomène récent : les femmes font partie des flux migratoires depuis plus de quatre siècles ; l’équilibre entre les sexes dans les mouvements migratoires...

This paper is a cross-cultural examination of the development of hunting skills and the implications for the debate on the role of learning in the evolution of human life history patterns. While life history theory has proven to be a powerful tool for understanding the evolution of the human life course, other schools, such as cultural transmission and social learning theory, also provide theoretical insights. These disparate theories are reviewed, and alternative and exclusive predictions are identified. This study of cross-cultural (...) regularities in how children learn hunting skills, based on the ethnographic literature on traditional hunters, complements existing empirical work and highlights future areas for investigation. (shrink)

Feminist analyses of gender concepts must avoid the inclusion problem, the fault of marginalizing or excluding some prima facie women. Sally Haslanger’s ‘ameliorative’ analysis of gender concepts seeks to do so by defining woman by reference to subordination. I argue that Haslanger’s analysis problematically marginalizes trans women, thereby failing to avoid the inclusion problem. I propose an improved ameliorative analysis that ensures the inclusion of trans women. This analysis yields ‘twin’ target concepts of woman, one concerning gender as class and (...) the other concerning gender as identity, both of which I hold to be equally necessary for feminist aims. (shrink)

Artificial intelligence and robotics have increasingly been adopted in agri-food systems—from milking robots to self-driving tractors. New projects extend these technologies in an effort to automate skilled work that has previously been considered dependent on human expertise due to its complexity. In this paper, we draw on qualitative research carried out with farm managers on apple orchards and winegrape vineyards in Aotearoa New Zealand. We investigate how agricultural managers’ perceptions of future agricultural automation relates to their approach to expertise, or (...) the degree to which they think specialised skills and knowledge are required to perform agricultural work on their orchards and vineyards. Our research generates two insights: the perceived potential for work to be automated is related to the degree to which it is seen to require technical or embodied expertise, with technical expertise being more automatable; and, while embodied expertise is perceived to be more difficult to automate, it is sometimes attributed more exclusively to those in positions of power, such that embodied expertise can be highly valued while the majority of embodied work is viewed as non-expert and thus automatable. Our analysis illustrates that a robot can be an expert when expertise is technical. It also shows variability in the conceptualization of skilled or unskilled work, and that those conceptualizations can set the stage for the future effects of new technologies. This generates new insights into the conditions under which automation might reproduce existing inequalities in agriculture, and also raises new questions about responsibility in the context of automation. (shrink)

In this article, I identify a distinctive form of injustice—ontic injustice—in which an individual is wronged by the very fact of being socially constructed as a member of a certain social kind. To be a member of a certain social kind is, at least in part, to be subject to certain social constraints and enablements, and these constraints and enablements can be wrongful to the individual who is subjected to them, in the sense that they inflict a moral injury. The (...) concept of ontic injustice is valuable in three main ways: it draws our attention to the role played by social kinds in enacting wrongful constraints and enablements; it clarifies our options for developing accounts of the ontology of particular social kinds, such as gender kinds; and, along with the related concept of ‘ontic oppression’, it helps us to understand and respond to oppression. (shrink)

Despite an abundance of theoretical literature on virtue ethics in nursing and health care, very little research has been carried out to support or refute the claims made. One such claim is that ethical nursing is what happens when a good nurse does the right thing. The purpose of this descriptive, qualitative study was therefore to examine nurses’ perceptions of what it means to be a good nurse and to do the right thing. Fifty-three nurses responded to two open-ended questions: (...) (1) a good nurse is one who...; and (2) how does a nurse go about doing the right thing? Three hundred and thirty-one data units were analysed using qualitative content analysis. Seven categories emerged: personal characteristics, professional characteristics, patient centredness, advocacy, competence, critical thinking and patient care. Participants viewed ethical nursing as a complex endeavour in which a variety of decision-making frameworks are used. Consistent with virtue ethics, high value was placed on both intuitive and analytical personal attributes that nurses bring into nursing by virtue of the persons they are. Further investigation is needed to determine just who the ‘good nurse’ is, and the nursing practice and education implications associated with this concept. (shrink)

In this paper I develop a systemic discrimination approach to defining a narrowly construed category of ‘hate speech’, as speech that harms to a sufficient degree to warrant government regulation. This is important due to the lack of definitional clarity, and the extraordinarily wide usage, of the term. This article extends current literature on how hate speech can harm by identifying under what circumstances speakers have the capacity to harm, and under what circumstances targets are vulnerable to harm. It also (...) shows how the capacity to harm can be mobile and involve the construction of new targets. Finally, it bridges the gap between conceptual understandings of hate speech and policy designed to regulate it. (shrink)

The way society is organised means that we all get made into members of various types of people, such as judges, wives, or women. These ‘human social kinds’ may be brought into being by oppressive social arrangements, and people may suffer oppression in virtue of being made into a member of a certain human social kind. This book argues that we should pay attention to the ways in which the very fact of being made into a member of a certain (...) human social kind can be oppressive in and of itself. For example, someone who becomes a wife under circumstances where husbands have unjust powers over their wives has suffered a wrong, even if her husband never in fact exercises these powers. The book argues that social movements against racial and gendered oppression, including efforts to advance trans liberation, must get to grips with this phenomenon, and it supplies the conceptual tools needed to do so. The first tool is an analysis of this general form of wrong, termed ‘ontic injustice’. The second tool is an account of ‘ontic oppression’, a particular kind of ontic injustice in which the wrong amounts to a form of oppression, in the sense of being structural and pervasive. The third tool is a pluralist account of race and gender kinds, according to which there is no single social kind that corresponds to a gender category such as ‘woman’, but, rather, there are various different social kinds, each of which is explanatory for different purposes. (shrink)

In this paper I develop a systemic discrimination approach to defining a narrowly construed category of ‘hate speech’, as speech that harms to a sufficient degree to warrant government regulation. This is important due to the lack of definitional clarity, and the extraordinarily wide usage, of the term. This article extends current literature on how hate speech can harm by identifying under what circumstances speakers have the capacity to harm, and under what circumstances targets are vulnerable to harm. It also (...) shows how the capacity to harm can be mobile and involve the construction of new targets. Finally, it bridges the gap between conceptual understandings of hate speech and policy designed to regulate it. (shrink)

Although the concept of gender identity plays a prominent role in campaigns for trans rights, it is not well understood, and common definitions suffer from a problematic circularity. This paper undertakes an ameliorative inquiry into the concept of gender identity, taking as a starting point the ways in which trans rights movements seek to use the concept. First, I set out six desiderata that a target concept of gender identity should meet. I then consider three analytic accounts of gender identity: (...) the dispositional account, the self-identification account, and the norm-relevancy account. I argue that only the norm-relevancy account can meet all six desiderata. Finally, I defend the norm-relevancy account from three objections: that it is cis-normative, that it has problematic implications regarding trans women, and that it entails that some people do not have the gender identity they take themselves to have. (shrink)

This article argues that rape myths and domestic abuse myths constitute hermeneutical injustices. Drawing on empirical research, I show that the prevalence of these myths makes victims of rape and of domestic abuse less likely to apply those terms to their experiences. Using Sally Haslanger's distinction between manifest and operative concepts, I argue that in these cases, myths mean that victims hold a problematic operative concept, or working understanding, which prevents them from identifying their experience as one of rape or (...) of domestic abuse. Since victims in this situation lack the conceptual resources needed to render their experience sufficiently intelligible, they are suffering a form of hermeneutical injustice. Attending to this distinctive case sheds new light not only on the functioning of social myths of this kind but on the nature of hermeneutical injustice itself, since the case of the victim who accepts myths is importantly different from other cases of hermeneutical injustice discussed in the literature to date. In practical terms, this analysis supports calls for juries in rape trials to be warned about rape myths at the start of the trial, and may have implications for calls for statutory Sex and Relationships Education in schools. (shrink)

Many kinds of health compromising norms, habits, and beliefs are highly resistant to change thereby preventing new knowledge about health maintenance from advancing widespread better health. Persons would be more responsive if they used a health ethic to harmonize personal behavior with health-maintaining practices. We argue that common sense morality includes a portion of a health ethic in the guise of responsibilities to maintain health as well as avoid self destruction. We discuss an example in which its application can retard (...) decline in older age that results from a sedentary lifestyle. (shrink)

This article discusses the relationship between the origins of the concept of post-normal science, its potential as a heuristic and the phenomenon of complex science entailed policy problems in late industrial societies. Drawing on arguments presented in the early works of Funtowicz and Ravetz, it is proposed that there is a fundamentally empirical character to the post-normal science call for democratizing expertise, which serves as an antidote to late industrial poisoning of the fairy tale ideal of a clean divide between (...) science and politics. Post-normal science extended-peer-review methodology is interpreted as a response to a crisis in the governance of science. Rather than viewing extended-peer-review processes as products of the post-normal science discourse, here the post-normal science discourse is understood to provide a heuristic lens through which existing complex science/society collaborations and conflicts can be better understood. Two different post-normal science situations—management of mega-contamination in Bitterfeld, Germany, and eviction of the Parakuiyo Maasai from the eastern wetlands of the Usangu plains of Tanzania—are presented and the implications of their de facto extended-peer-review structures are discussed, to illustrate this heuristic potential. (shrink)

The idea that there exists a natural relationship between intellectual freedom, legitimate political authority and enjoyment of a dignified life was central to the European Enlightenment and to the...

To investigate the metaphysics of gender categories—categories like “woman,” “genderqueer,” and “man”—is to ask questions about what gender categories are and how they exist. This chapter offers a pluralist account of the metaphysics of gender categories, according to which there are several different varieties of gender categories. I begin by giving a brief overview of some feminist accounts of the metaphysics of gender categories and illustrating how certain moral and political considerations have been in play in these discussions as constraints (...) on acceptable accounts of gender categories. I then present my pluralist account of gender categories and highlight some of its virtues. Finally, I assess how my pluralist account fares relative to the moral and political considerations identified earlier in the chapter. I argue that although the account does not fare well, we should in fact revise our understanding of what those considerations are and how they should constrain our accounts of gender categories. I then show that, on this revised understanding, my pluralist account emerges as a viable position. (shrink)

This essay argues that Malebranche originated the model of sensitive taste in French thought, several decades before Du Bos. It examines the highly gendered, negative physiological model of taste and of the female mind which Malebranche developed within the Cartesian framework and as a witness to Parisian salon society in which women’s taste had great cultural influence, and strongly questions the common assumption that Cartesian substance dualism necessarily contained feminist potential. The essay argues for Malebranche’s great influence in this regard, (...) connecting him to later Enlightenment critics of women’s taste such as Rousseau, and to Vitalist physicians like Le Camus. -/- All rights reserved. Except for brief quotations used for purposes of scholarly citation, none of this work may be reproduced in any form by any means without written permission from the publisher. For information address the University of Pennsylvania Press, 3905 Spruce Street, Philadelphia, Pennsylvania 19104-4112. (shrink)

The term sustainability can be used so liberally within production industries that it becomes meaningless. There is also recognition that for sustainability to be a useful concept, it must be crafted for the context in which it is deployed. A paradox of sustainability, it seems, lies in the conflict between the practical adoptability and context specificity of programs paired with the need for significant change. One response for those grappling with this sustainability challenge has been to adopt flexible approaches to (...) sustainability through the development of technologies and governance processes that focus on benchmarking, monitoring and ongoing change, rather than hard limits and targets. In this paper we elaborate on this point by evaluating how sustainability programs in a transition context can be seen as deliberative platforms and thus actors in governance processes. Through an analysis of the development of a sustainability program deployed in the wine industry in New Zealand, we argue that a widely adopted and clearly defined program can be an asset to democratic environmental governance, if viewed as a shared project. Drawing on interviews with key personnel in the wine industry and reviews of industry literature and media, we suggest that substantiating sustainability can have benefits for environmental governance through the precipitation of distinction and dialogue. We conclude with some suggestions about how to encourage visionary forms of practice and engagement with sustainability programs in ways that can aid their democratic development and expand the reach of their goals. (shrink)

One challenge in providing an adequate definition of physical disability is unifying the heterogeneous bodily conditions that count as disabilities. We examine recent proposals by Elizabeth Barnes (2016), and Dana Howard and Sean Aas (2018), and show how this debate has reached an impasse. Barnes’ account struggles to deliver principled unification of the category of disability, whilst Howard and Aas’ account risks inappropriately sidelining the body. We argue that this impasse can be broken using a novel concept: marginalised functioning. Marginalised (...) functioning concerns the relationship between a person’s bodily capacities and their social world: specifically, their ability to function in line with the default norms about how people can typically physically function that influence the structuring of social space. We argue that attending to marginalised functioning allows us to develop, not one, but three different models of disability, all of which—whilst having different strengths and weaknesses—unify the category of disability without sidelining the body. (shrink)

Much of the most influential free speech scholarship emphasises that ‘political speech’ warrants the very highest standards of protection because of its centrality to self-governance. This central idea mitigates against efforts to justify the regulation of political speech and renders some egregiously offensive or harmful speech worthy of protection from a theoretical perspective. Yet paradoxically, in practice, in many liberal democracies such speech is routinely restricted. In this paper, I develop an argument that is compatible with both the argument from (...) democracy and the notion of political speech, and that can justify the regulation of hate speech, by joining an understanding of the constitutive role of speech in individuals’ lives derived from Nussbaum's capabilities theory with ideas of democratic deliberation and legitimation drawn from a Habermasian framework. This approach attends to the conditions required at an individual level for democratic legitimation to occur at a social level. It permits the development of a robust theoretical justification for the protection of a broad range of speech. It simultaneously provides a guiding framework for regulatory policy designed to ameliorate the effects of, and inhibit the expression of, that speech, which could imperil the conditions required for individuals to develop their own capabilities and which instantiates anti-democratic practice, and thus discourse, preventing the very communications required to perform democracy from being uttered. Thus, my argument also strengthens and transforms the argument from democracy as a justification for free speech protection more generally. (shrink)