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)
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 paper is a short commentary on MichelleDempsey'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.
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should continue to pursue prosecutions in domestic violence cases where the victim refuses to participate in or has withdrawn their support for the prosecution.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 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 "dual-access theory," is advocated as a solution to the problems they are taken to pose for physicalist accounts of mind. Although dual-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)
In Prosecuting Domestic Violence: A Philosophical Analysis, Michelle Madden Dempsey focuses on the dilemma prosecutors face when domestic violence victims are unwilling to cooperate in the criminal prosecution of their abusive partners. Starting from the premise that the ultimate goal should be putting an end to domestic violence, Dempsey urges prosecutors to act as feminists in deciding how to proceed in such cases. Doing so, Dempsey argues, will tend to make the character of the prosecutor’s community (...) and state less patriarchal and thus help stamp out domestic violence. This article analyzes two issues arising from Dempsey’s work: first, whether prosecutors can justifiably be viewed as representatives of their states and communities; and, second, how prosecutors committed to using their discretion to battle both domestic violence and patriarchy would go about determining in a particular case whether to pursue criminal charges against the wishes of a victim. (shrink)
A partir de una investigación sobre los Consejos Asesores Presidenciales en el Gobierno de Michelle Bachelet, se desarrolla un marco teórico sobre movimientos sociales y las llamadas formas subpolíticas, que permite ver cómo el movimiento estudiantil secundario de 2006 desafió el enclave educacional y el tipo de respuesta que un gobierno que buscaba un sello ciudadano, dio a través de la formación de un Consejo Asesor con participación de diversos sectores. El análisis de los debates en el seno de (...) ese Consejo muestra las diversas posiciones en juego y también la imposibilidad de llegar a acuerdos de trasformación profunda. (shrink)
We appreciated the important commentary provided by Michelle Oberman on our paper, (CQ Vol. 6, No. 1). For the most part we agree with Oberman's analysis of the issues, but there are seven points of variance, either of conception, emphasis, or accuracy. We wish to clarify these and welcome the chance her commentary provided to offer aspects of the social situation surrounding the case we presented.
What should public prosecutors do when victims withdraw support for domestic violence prosecutions? The answer to this question that motivates the investigation undertaken in this book defends the claim that (other things being equal) domestic violence prosecutors should respond as feminists. -/- This claim is intended as a provocative formulation of the proposition that domestic violence prosecutors should act for reasons generated by the value of reconstituting communities as less patriarchal. -/- This thesis is defended first by developing a general (...) theory of prosecutorial practical reasoning, and then by considering the prosecution of domestic violence offences in particular. Along the way, this book provides an original account of the nature of prosecutorial action, the values that can be realised through such action, and the relationship between these values and the practical reasoning of criminal prosecutors. -/- Moreover, it provides original analyses of two key concepts, domestic violence and patriarchy, and explains the relevance of the latter to a proper understanding of the former. -/- These insights are put to work in answering the motivating question stated above, and provide answers both in terms of what prosecutors would be justified in doing, and what prosecutors should do in order to be effective. (shrink)