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)

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.

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

The normative power of consent plays a central role in enabling individuals to permissibly interact with one another. However, in the philosophical literature, the relationship between consent and permissible action is not always well understood. In this article I outline an account of the normative effect of valid consent, in order to clarify this relationship. I first argue that consent’s primary moral significance lies in its effect upon our interpersonal moral relationships. Specifically, I argue that valid consent serves to cancel (...) a directed duty owed to the consenter. Other things being equal, this equips the consentee with a directed permission: they will no longer wrong the consenter by acting in the consented to manner. However, this account does not yet explain how consent impacts upon the all things considered permissibility of an action. On the assumption that all things considered permissibility is a function of an agent’s reasons for action, we require an account of consent’s effect on those reasons. I consider, and then reject, Michelle Dempsey’s recent suggestion that consent affects a consentee’s reasons for action by granting them an exclusionary permission. I propose that we should instead understand consent to function as a cancelling permission. (shrink)

What is given to us in conscious experience? The Given is an attempt to answer this question and in this way contribute to a general theory of mental content. The content of conscious experience is understood to be absolutely everything that is given to one, experientially, in the having of an experience. Michelle Montague focuses on the analysis of conscious perception, conscious emotion, and conscious thought, and deploys three fundamental notions in addition to the fundamental notion of content: the (...) notions of intentionality, phenomenology, and consciousness. She argues that all experience essentially involves all four things, and that the key to an adequate general theory of what is given in experience lies in giving a correct specification of the nature of these four things and the relations between them. (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)

There is growing concern that decision-making informed by machine learning (ML) algorithms may unfairly discriminate based on personal demographic attributes, such as race and gender. Scholars have responded by introducing numerous mathematical definitions of fairness to test the algorithm, many of which are in conflict with one another. However, these reductionist representations of fairness often bear little resemblance to real-life fairness considerations, which in practice are highly contextual. Moreover, fairness metrics tend to be implemented in narrow and targeted toolkits that (...) are difficult to integrate into an algorithm’s broader ethical assessment. In this paper, we derive lessons from ethical philosophy and welfare economics as they relate to the contextual factors relevant for fairness. In particular we highlight the debate around acceptability of particular inequalities and the inextricable links between fairness, welfare and autonomy. We propose Key Ethics Indicators (KEIs) as a way towards providing a more holistic understanding of whether or not an algorithm is aligned to the decision-maker’s ethical values. (shrink)

This book develops an intersectional feminist approach to moral responsibility. It accomplisheses four main goals. First, it outlines a concise list of the main principles of intersectional feminism. Second, it uses these principles to critique prevailing philosophical theories of moral responsibility. Third, it offers an account of moral responsibility that is compatible with the ethos of intersectional feminism. And fourth, it uses intersectional feminist principles to critique culturally normative responsibility practices. -/- This is the first book to provide an explicitly (...) intersectional feminist approach to moral responsibility. After identifying the five principles central to intersectional feminism, the author demonstrates how influential theories of responsibility are incompatible with these principles. She argues that a normatively adequate theory of blame should not be preoccupied with the agency or traits of wrongdoers; it should instead underscore, and seek to ameliorate, oppression and adversity as experienced by the marginalized. Apt blame and praise, according to her intersectional feminist account, is both communicative and functionalist. The book concludes with an extensive discussion of culturally embedded responsibility practices, including asymmetrically structured conversations and gender- and racially biased social spaces. -/- An Intersectional Feminist Approach to Moral Responsibility presents a sophisticated and original philosophical account of moral responsibility. It will be of interest to philosophers working at the crossroads of moral responsibility, feminist philosophy, critical race theory, queer theory, critical disability studies, and intersectionality theory. (shrink)

Recent research in psycholinguistics suggests that language processing frequently involves mental imagery. This paper focuses on visual imagery and discusses two issues regarding the processing of polysemous words (i.e. words with multiple related meanings or senses) – co-predication and sense-relatedness. It aims to show how mental imagery can illuminate these two issues.

In a recent paper, Reuter, Seinhold and Sytsma put forward an implicature account to explain the intuitive failure of the pain-in-mouth argument. They argue that utterances such as ‘There is tissue damage / a pain / an inflammation in my mouth’ carry the conversational implicature that there is something wrong with the speaker’s mouth. Appealing to new empirical data, this paper argues against the implicature account and for the entailment account, according to which pain reports using locative locutions, such as (...) ‘There is a pain in my mouth’, are intuitively understood as entailing corresponding predicative locutions, such as ‘My mouth hurts.’ On this latter account, the pain-in-mouth argument seems invalid because the conclusion is naturally understood as entailing something which cannot be inferred from the premisses. Implications for the philosophical debate about pain are also drawn. (shrink)

Building on contemporary research in embodied cognition, enactivism, and the extended mind, this book explores how social institutions in contemporary neoliberal nation-states systematically affect our thoughts, feelings, and agency. Human beings are, necessarily, social animals who create and belong to social institutions. But social institutions take on a life of their own, and literally shape the minds of all those who belong to them, for better or worse, usually without their being self-consciously aware of it. Indeed, in contemporary neoliberal societies, (...) it is generally for the worse. In The Mind-Body Politic, Michelle Maiese and Robert Hanna work out a new critique of contemporary social institutions by deploying the special standpoint of the philosophy of mind—in particular, the special standpoint of the philosophy of what they call essentially embodied minds—and make a set of concrete, positive proposals for radically changing both these social institutions and also our essentially embodied lives for the better. (shrink)

This commentary focuses on explaining the intuition of revelation, an issue that Chalmers (2018) raises in his paper. I first sketch how the truth of revelation provides an explanation for the intuition of revelation, and then assess a physicalist proposal to explain the intuition that appeals to Derk Pereboom’s (2011, 2016, 2019) qualitative inaccuracy hypothesis.

This major study of Kant provides a detailed examination of the development and function of the doctrine of transcendental illusion in his theoretical philosophy. The author shows that a theory of 'illusion' plays a central role in Kant's arguments about metaphysical speculation and scientific theory. Indeed, she argues that we cannot understand Kant unless we take seriously his claim that the mind inevitably acts in accordance with ideas and principles that are 'illusory'. Taking this claim seriously, we can make much (...) better sense of Kant's arguments and reach a deeper understanding of the role he allots human reason in science. (shrink)

It is often thought that sensible qualities such as colours do not exist as properties of physical objects. Focusing on the case of colour, I discuss two views: the Galilean view, according to which colours do not exist as qualities of physical objects, and the naive view, according to which colours are, as our perception presents them to be, qualities instantiated by physical objects. I argue that it is far from clear that the Galilean view is better than the naive (...) view. Given the arguments in this paper, the naive view ought to be taken seriously. The discussion here appeals especially to theorists who, like Goff, are already convinced that the quantitative language of physical science fails to capture all qualities. (shrink)

The purpose of this article is to transcend the assumption that stakeholder engagement is necessarily a responsible practice. Stakeholder engagement is traditionally seen as corporate responsibility in action. Indeed, in some literatures there exists an assumption that the more an organisation engages with its stakeholders, the more it is responsible. This simple 'more is better' view of stakeholder engagement belies the true complexity of the relationship between engagement and corporate responsibility. Stakeholder engagement may be understood in a variety of different (...) ways and from a variety of different theoretical perspectives. Stakeholder engagement may or may not involve a moral dimension and, hence, is primarily a morally neutral practice. It is therefore argued that stakeholder engagement must be seen as separate from, but related to, corporate responsibility. A model that reflects the multifaceted relationship between the two constructs is proposed. This model not only allows the coincidence of stakeholder engagement with corporate responsibility, but also allows for the development of the notion of corporate irresponsibility. (shrink)

It is often said that there is no appearance/reality distinction with respect to consciousness. Call this claim ‘NARD’. In contemporary discussions, NARD is closely connected to the thesis of revelation, the claim that the essences of phenomenal properties are revealed in experience, though the connection between the two requires clarification. This paper distinguishes different versions of NARD and homes in on a particular version that is closely connected to revelation. It shows how revelation and the related version of NARD pose (...) a threat to physicalism. Responses from physicalism and their limitations are also considered. (shrink)

The emergence of environmental governance practices raises a fundamental question as to whether they are substantive or symbolic. Toward that end, we analyze the relationship between a firm’s environmental governance and its environmental management as reflected in its ultimate outcome, environmental performance. We posit that substantive practices would bring changes in organizations, most notably in terms of improved environmental performance, whereas symbolic practices would portray organizations as environmentally committed without making meaningful changes to their operations. Focusing on a sample of (...) environmentally sensitive firms, results are consistent with environmental governance mechanisms being predominantly part of a symbolic approach to manage stakeholder perceptions on environmental management, having little substantial impact on organizations. Statistical analyses show mostly that there is no relation between environmental governance mechanisms and environmental performance, measured in terms of regulatory compliance, pollution prevention, and environmental capital expenditures. However, there is some indication that environmental incentives are associated with pollution prevention. Interviews with corporate directors shed further light on these results by underlining that environmental governance mechanisms are employed at the board level to protect the organization from reputational and/or regulatory harm, but are not necessarily intended to proactively improve environmental performance. (shrink)

Berger and Miller argue that contemporary medical education directed toward “cultural competency” fails to address the structural inequities and systemic racism underpinning health dispariti...

Can torture be justified in exceptional circumstances? In this timely work, Michelle Farrell asks how and why this question has become such a central debate. She argues that the ticking bomb scenario is a fiction which blinds us to the reality of torture and investigates what it is that that scenario fails to represent. Farrell aims to reframe how we think about torture, and critically reflects on the historical and contemporary approaches to its use in exceptional situations. She demonstrates (...) how torture, from its use in Algeria to the 'War on Terror', has been misrepresented, and appraises the legalist, extra-legalist and absolutist assessments of exception to the torture prohibition. Employing Giorgio Agamben's theory of the state of exception as a foil, Farrell deconstructs these approaches and goes on to propose her own theory of exceptional torture. (shrink)

In the philosophy of mind, revelation is the claim that the nature of qualia is revealed in phenomenal experience. In the literature, revelation is often thought of as intuitive but in tension with physicalism. While mentions of revelation are frequent, there is room for further discussion of how precisely to formulate the thesis of revelation and what it exactly amounts to. Drawing on the work of David Lewis, this paper provides a detailed discussion on how the thesis of revelation, as (...) well as its incompatibility with physicalism, is to be understood. (shrink)

After decades of neglect, positive emotion is now the focus of a rich, diverse, and rapidly growing field. Basic research has advanced understanding of positive emotions’ neural mechanisms, nonverbal expression, and implications for cognition and motivation, with increasing appreciation of positive emotion differentiation, as well as cultural and contextual moderators of positive emotions’ effects. Much research has also addressed ways positive emotions can be leveraged to improve the human condition, and the mechanisms by which interventions have beneficial effects. As always, (...) new knowledge raises more questions, and we still have a long way to go before the promise of this field can be fully realized. This comment reviews major developments in positive emotion science and offers recommendations for the future. (shrink)

My concern in this paper is with the intentionality of emotions. Desires and cognitions are the traditional paradigm cases of intentional attitudes, and one very direct approach to the question of the intentionality of emotions is to treat it as sui generis—as on a par with the intentionality of desires and cognitions but in no way reducible to it. A more common approach seeks to reduce the intentionality of emotions to the intentionality of familiar intentional attitudes like desires and cognitions. (...) In this paper, I argue for the sui generis approach. (shrink)

In this paper I consider what a person who finds herself religiously incapacitated ought to do. More specifically, I address people who have come to God asking for bread, but who seem to have received stones and serpents in its place. This is a manifestation of the phenomenon that I call religious trauma. My goals in this paper are twofold. First, I aim to demonstrate that, because religious trauma can be genuinely religiously incapacitating, (1) it can result in non-culpable failure (...) to worship God, and (2), if ought implies can, a religious trauma survivor may find themself in a position where they ought to deconvert, whether or not the individual’s religion is true. My second goal in this paper is to illustrate that religious trauma deserves serious consideration from philosophers and theologians. (shrink)

Embodied Selves and Divided Minds examines how research in embodied cognition and enactivism can contribute to our understanding of the nature of self-consciousness, the metaphysics of personal identity, and the disruptions to self-awareness that occur in case of psychopathology. The book reveals how a critical dialogue between Philosophy and Psychiatry can lead to a better understanding of important issues surrounding self-consciousness, personal identity, and psychopathology.

Cross-sector social partnership case-based theory and research have long argued that nonprofits that engage in more integrative and enduring cross-sector partnerships should increase their organizational capacity. By increasing their capacity, nonprofits increase their ability to contribute to systemic change. The current research investigates this claim in a large-scale empirical research study. In particular, this study examines whether nonprofits that have a greater number of integrated cross-sector partnerships have greater capacities for financial management, strategic planning, external communication, board leadership, mission orientation, (...) and staff management than nonprofits that have other types of interorganizational relationships. Moreover, it examines whether the length of these partnerships is associated with better capacity. Hierarchical multiple regression analysis drawn from surveys of 452 nonprofit organizations suggests that cross-sector collaboration is not systematically related to increased capacity. However, the results suggest that more enduring relationships between government and nonprofit organizations that extend beyond funder–recipient relationships are related to greater strategic planning capacity. Implications for CSSP research are drawn from the results, especially those concerned with the outcomes of CSSPs. (shrink)

Trust is a fundamental aspect of the moral treatment of stakeholders within the organization–stakeholder relationship. Stakeholders trust the organization to return benefit or protections from harm commensurate with their contributions or stakes. However, in many situations, the firm holds greater power than the stakeholder and therefore cannot necessarily be trusted to return the aforementioned duty to the stakeholder. Stakeholders must therefore rely on the trustworthiness of the organization to fulfill obligations in accordance to Phillips’ principle of fairness (Business Ethics Quarterly7(1), (...) 1997, 51–66), particularly where low-power stakeholders may not be fully consenting (Van Buren III, Business Ethics Quarterly11(3), 2001, 481–499). The construct of organizational trustworthiness developed herewith is presented as a possible solution to the problem of unfairness in organization–stakeholder relations. While organizational trustworthiness does not create an ethical obligation where none existed before, stakeholders who lack power will likely be treated fairly when organizational trustworthiness is present. (shrink)