Catharine MacKinnon's fundamental claim is that the violence and abuse routinely inflicted on women by men is not treated with the same seriousness accorded to a human rights violation, or torture, or terrorism, or a war crime, or a crime against humanity, or an atrocity.

Feminists are divided on whether consent should be employed in legal definitions of rape. Catharine MacKinnon has criticized the usefulness of consent in enabling legal systems to recognize and prosecute instances of rape (MacKinnon 1989, 2005, 2016). In a recent article in this journal, Lisa H. Schwartzman defends the use of affirmative consent in rape law against MacKinnon’s critique (Schwartzman 2019). In contrast to MacKinnon, Schwartzman claims our understanding of rape must include both force and (...) consent components. In this paper, I will argue in agreement with Schwartzman and against MacKinnon that the legal definition of rape should include an affirmative consent component. I will take Schwartzman’s discussion as my point of departure and consider whether she has responded adequately to MacKinnon’s criticisms of consent. I will argue that her responses are not fully adequate. In particular, she has not successfully rebutted the argument that an appeal to consent is unnecessary once we have accepted an expanded definition of coercion. I will then provide a more affirmative defense of affirmative consent in response to MacKinnon’s most challenging criticism. (shrink)

After #MeToo, academics have become increasingly focused on the liberal concept of consent. Either problematized as a means of distinguishing between sex and rape, or vaunted as a tool for having better sex, consent remains central to discussions of sexual violence. Returning to Andrea Dworkin’s thought, this article argues that contemporary feminists must move beyond consent and recenter the problem of violence to theorize rape. Dworkin, alongside Catharine MacKinnon and Carole Pateman, critiques consent for disguising the violence of (...) rape, sex, and pornography. By defining violence as a process of objectification, Dworkin exposes rape, pornography, and most controversially, consensual heterosexual intercourse as “a new kind of death.” She, in turn, calls for the feminist exercise of violence as a tactic of disclosure that promises to make visible patriarchal violence hidden by consent and sexualization. Moving beyond consent to recenter the problem of violence, I conclude, opens up new avenues for feminist action and brings into view the seemingly unthinkable possibility of a world without rape. (shrink)

Barbara Herman's account of rules of moral salience goes far in explaining how Kantian moral theory can integrate historically emergent normative criticisms such as that offered by feminists. The ethical motives that initially lead historical agents to expand our moral categories, however, are often at odds with Kant's (and Herman's) theory of moral motivations. I argue that Hegel offers a more accurate account of ethical motivation under oppressive conditions.

Catharine MacKinnon argues that pornography is action, rather than speech. She argues further that the speech/action distinction is what delineates the scope of the First Amendment. It follows, she thinks, that pornography does not fall within the scope of the First Amendment. I argue that the legal distinction between speech and action on which MacKinnon relies is unstable and therefore cannot determine which utterances fall within the scope of the First Amendment. Indeed, attempting to sort utterances by (...) means of the speech/action distinction in order to make this determination can lead to a paradox, which I call the “viewpoint paradox”. That an utterance expresses a particular viewpoint is typically sufficient for its qualifying as speech; yet MacKinnon’s argument that pornography is not speech pivots are her claim that it is an act of subordination because it expresses a particular viewpoint about women. (shrink)

According to Catharine MacKinnon, pornography itself subordinates women by ranking women as inferior to men and legitimating acts of violence and discrimination against us. As such, pornography is directly implicated in women's diminished moral and civil status. It follows that pornography is not a form of speech, but rather an action, and so does not deserve first amendment protection. I argue that MacKinnon does not adequately support her claim that pornography is an action but instead shows that (...) it is harmful speech. While this might be grounds for limiting it, MacKinnon does not adequately support the view that pornography is especially harmful in comparison to other sorts of misogynist and sexist speech. Hence we lack reasons to limit pornography alone. (shrink)

Aims and background: Little is known about how participants perceive prevention trials, particularly trials designed to prevent mental illness. This study examined participants’ motives for participating in a trial and their views of randomisation and the ability to withdraw from a randomised controlled trial for prevention of depression. Methods: Participants were older adults reporting elevated depression symptoms living in urban and regional locations in Australia who had consented to participate in an RCT of interventions to prevent depression. Participants rated their (...) agreement with various statements describing motivations for enrolment in the trial and opinions regarding randomisation and withdrawal. Results: The majority of participants expressed a triad of altruistic motivation for participation, relative lack of concern about randomisation and commitment to the trial. Certain subgroups of participants, such as women and those with higher depression scores, reported higher levels of concern about specific issues. Conclusions: The findings suggest that participants enrolled in prevention trials for mental illness are likely to hold positive attitudes towards research trials. The identification of relationships between key person factors and trial-related attitudes enabled profiling of participant groups, which can inform recruitment strategies and interactions of participants and research projects in future prevention trials. (shrink)

Aristotele. Science as a systematic explanation through causes.--Newton, I. Rules and reflections on scientific reasoning.--Carnap, R. Empiricism, semantics, and ontology.--Hempel, C. On the logic of explanation.--Nagel, E. The realist view of theories.--Quine, W. V. On the role of logic in explanation.--Harris, E. E. Method and explanation in metaphysics.--Einstein, A. Remarks on Bertrand Russell's theory of knowledge.--Sellars, W. The language of theories.--MacKinnon, E. Atomic physics and reality.--Bunge, M. Physics and reality.--Heelan, P. A. Quantum mechanics and objectivity.--Bibliographical essay (p. 285-301).

The aim of this book is to provide a unified solution to a wide range of philosophical problems raised by fiction. While some of these problems have been the focus of extensive philosophical debate, others have received insufficient attention. In particular, the epistemology of fiction has not yet attracted the philosophical scrutiny it warrants. There has been considerable discussion of what determines the contents of works of fiction, but there have been few attempts to explain how audiences identify their contents, (...) or to identify the norms governing the correct understanding and interpretation of works of fiction. -/- This book answers a wide range of both metaphysical and epistemological questions concerning fiction in a way that clarifies the relations between them. The metaphysical questions include: What distinguishes works of fiction from works of non-fiction?; What is the nature of fictive utterances?; What determines the contents of works of fiction?; What kinds of fictive content are there?; How broad in scope is fictive content?; and What kinds of things are fictional entities? The epistemological questions include: How do audiences identify the contents of authors’ fictive utterances?; How does understanding a work of fiction differ from interpreting it?; and What role does thinking and talking about fiction from an external perspective play in enabling communication through fiction? It develops the first single theory that provides answers to all these questions. (shrink)

Changes to practical nurse education (with expanded scopes of practice) align with the increasing need for nurses and assistive personnel in global acute care contexts. A case in point is this critical exploration of Canadian practical nursing literature, undertaken to reveal predominating discourses and relationships to nursing disciplinary knowledge. The objectives of this poststructural critical review were to identify dominant discourses in practical nurse education literature and to analyze these discourses to uncover underlying beliefs, constructed truths, assumptions, ambiguities and sources (...) of knowledge within the discursive landscape. Predominant themes in the discourses surrounding practical nurse education included conversations about the nurse shortage, expanded roles, collaboration, evidence‐based practice, role confusion, cost/efficiency, the history of practical nurse education and employer interests. The complex relationships between practical nursing and the disciplinary landscape of nursing are revealed in the analysis of discourses related to the purpose(s) of practical nurse education, curricula/educational programming, relationships between RN and PN education and the role of nursing knowledge. Power dynamics related to employer needs and interests, as well as educational silos and the nature of women's work, are also revealed within the intersection of various discourses. (shrink)

Recent work indicates that there are distinct response habituation mechanisms that can be recruited by different stimulation rates and that can underlie different components (e.g., the duration or speed) of a single behavioral response. These findings raise the question: why is “the simplest form of learning” so complicated mechanistically? Beyond evolutionary selection for robustness of plasticity in learning to ignore, it is proposed in this article that multiple mechanisms of habituation have evolved to streamline shifts in ongoing behavioral strategy. Then, (...) speculations are offered regarding the implications of this reconceptualization of habituation for approaching the analysis of mechanisms of more complex forms of learning and memory. (shrink)

According to ontological nihilism there are, fundamentally, no individuals. Both natural languages and standard predicate logic, however, appear to be committed to a picture of the world as containing individual objects. This leads to what I call the \emph{expressibility challenge} for ontological nihilism: what language can the ontological nihilist use to express her account of how matters fundamentally stand? One promising suggestion is for the nihilist to use a form of \emph{predicate functorese}, a language developed by Quine. This proposal faces (...) a difficult objection, according to which any theory in predicate functorese will be a notational variant of the corresponding theory stated in standard predicate logic. Jason Turner (2011) has provided the most detailed and convincing version of this objection. In the present paper, I argue that Turner's case for the notational variance thesis relies on a faulty metasemantic principle and, consequently, that an objection long thought devastating is in fact misguided. (shrink)

In this paper, I develop a unified account of cinematic representation as primary depiction. On this account, cinematic representation is a distinctive form of depiction, unique in its capacity to depict temporal properties. I then explore the consequences of this account for the much-contested question of whether cinema is an independent representational art form. I show that it is, and that Scruton’s argument to the contrary relies on an erroneous conception of cinematic representation. CiteULike Connotea Del.icio.us What's this?

In this paper, I provide a descriptive definition of art that is able to accommodate the existence of bad art, while illuminating the value of good art. This, I argue, is something that existing definitions of art fail to do. I approach this task by providing an account according to which what makes something an artwork is the institutional process by which it is made. I argue that Searle’s account of institutions and institutional facts shows that the existence of all (...) institutions is due to their being perceived by their participants to perform some humanly valuable function. I then identify the functions to which the existence of art institutions is due. I then use these functions to provide a reductive institutional definition of art. Finally, in section seven, I examine the account’s consequences for the value of good art. (shrink)

There is a variety of epistemic roles to which photographs are better suited than non-photographic pictures. Photographs provide more compelling evidence of the existence of the scenes they depict than non-photographic pictures. They are also better sources of information about features of those scenes that are easily overlooked. This chapter examines several different attempts to explain the distinctive epistemic value of photographs, and argues that none is adequate. It then proposes an alternative explanation of their epistemic value. The chapter argues (...) that photographs play the epistemic roles they do because they are typically rich sources of depictively encoded information about the scenes they depict, and reliable depictive representations of those scenes. It then explains why photographs differ from non-photographic pictures in both respects. (shrink)

It is generally recognised that an adequate resemblance-based account of depiction must specify some standard of correctness which explains how a picture’s content differs from the content we would attribute to it purely on the basis of resemblance. For example, an adequate standard should explain why stick figure drawings do not depict emaciated beings with gargantuan heads. Most attempts to specify a standard of correctness appeal to the intentions of the picture’s maker. However, I argue that the most detailed such (...) attempt to date is incomplete. I argue that an adequate standard can be given only if one construes a picture’s content as being pictorially implicated, in a way analogous to that in which Grice explains an utterance’s meaning as being conversationally implicated. I propose a theory of pictorial implicature and use it as the basis for an intention-based standard of correctness. I show how this standard is able to explain both the ways in which the content of pictures differs from the content we would attribute to them solely on the basis of resemblance, and how we are able to apply an intention-based standard of correctness even though we lack any independent knowledge of the intentions of pictures’ makers. (shrink)

According to anti-individualism, the basic building blocks of the world are not individuals. The anti-individualist argues that standard, individual-entailing claims–for instance, that Theia is a cat–are mistaken in presupposing that there are individuals, but that such claims correspond to statements in a feature-placing language devoid of these presuppositions. Instead, the world is entirely made up of non-individualistic features–structurally akin to familiar examples such as it's raining or it's snowing–that are arranged in particular ways. Since features do not carve out individual (...) differences, however, this seems to entail that there is a class of statements in an individualistic language–statements expressing mere differences in which object is which–the members of which all correspond to the same anti-individualist description. That is, anti-individualism seems to entail anti-haecceitism, according to which all differences in ways the world could be supervene on qualitative differences. In this paper, I argue that, on the contrary, the anti-individualist has the resources to accommodate non-qualitative differences among ways the world could be. Moreover, haecceitistic anti-individualism does justice to the motivations for rejecting individuals while nevertheless accommodating intuitions that certain kinds of scenarios are metaphysically distinct. (shrink)

I propose a number of criteria for the adequacy of an account of pictorial realism. Such an account must: explain the epistemic significance of realistic pictures; explain why accuracy and detail are salient to realism; be consistent with an accurate account of depiction; and explain the features of pictorial realism. I identify six features of pictorial realism. I then propose an account of realism as a measure of the information pictures provide about how their objects would look, were one to (...) see them. This account meets the criteria I have identified and is superior to alternative accounts of realism. (shrink)

How can we eradicate violence against women? How, at least, can we reduce its prevalence? One possibility offered by Catharine MacKinnon is to harness international human rights norms, especially prohibitions on torture, and apply them to sexual violence with greater rigour and commitment than has hitherto been the case. This article focuses particularly on the argument that all rapes constitute torture in which states are actively complicit. It questions whether a feminist strategy to reconceptualise rape as torture should (...) be pursued, suggesting that we retain the label ‘rape’ due to its gendered meaning and powerful associations. It is also claimed that we may lose sight of the commonality of rape in calling it torture, as well as obscuring the varied responses of women survivors. Finally, the article canvasses the idea that we recognise the different circumstances and contexts in which rape takes place, which may mean different criminal offences for different rapes; for example, preserving the label ‘torture’ for those rapes in which state officials are participants. (shrink)

An adequate account of the nature of genre and of the criteria for genre membership is essential to understanding the nature of the various categories into which comics can be classified. Because they fail adequately to distinguish genre categories from other ways of categorizing works, including categorizations according to medium or according to style, previous accounts of genre fail to illuminate the nature of comics categories. I argue that genres are sets of conventions that have developed as means of addressing (...) particular interpretative and/or evaluative concerns, and have a history of co‐instantiation within a community, such that a work’s belonging to some genre generates interpretative and evaluative expectations among the members of that community. Genres are distinct from styles in consisting of conventions, and are distinct from media both in consisting of conventions and in generating interpretative and evaluative expectations. (shrink)

Like every great word, “representation/s “ is a stew. A scrambled menu, it serves up several meanings at once. For a representation can be an image—visual, verbal, or aural. Think of a picture of a hat. A representation can also be a narrative, a sequence of images and ideas. Think of the sentence, “Nancy Reagan wore a hat when she visited a detoxification clinic in Florida.” Or, a representation can be the product of ideology, that vast scheme for showing forth (...) the world and justifying its dealings. Think of the sentence, “Nancy Reagan, in her hat, is a proper woman.” In the past twenty years, feminist thinking about representation has broken apart. This fracture is both cause and symptom of the larger collapse of a feminist cultural consensus. Some of the rifts have been thematic. That is to be represented? Others have been theoretical. What is the nature of representation itself? I wish to map these rifts, especially those in the United States, and to wonder about the logic of a new cultural consensus.In the late 1960s, feminists began to share a cultural consensus about the representation of women and gender. Few who built up that consensus were village idiots. Even without being semioticians, everyone more or less knew that the marriages between the signifier and the signified in that odd couple, the sign, were ones of convenience. Everyone more or less knew that the marriages between the sign and the referent, that hubbub out there, or somewhere, were also ones of convenience. Some survived. Others were obsolete, cold, hostile, ending in separation or divorce. Everyone more or less knew that when I exclaimed, “Nancy Reagan wears a hat,” it was easier for a fellow citizen of my linguistic community to understand me than for a stranger to do so. Nevertheless, the consensus offered a rough, general theory of representation that extolled the possibility of a fit between “reality” and its “description” or “image.” Catharine R. Stimpson is professor of English and dean of the Graduate School at Rutgers University. She is presently at work on a book about Gertrude Stein. (shrink)

In this paper, I discuss the account of depiction proposed by Robert Hopkins in his book Picture, Image and Experience. I first briefly summarise Hopkins’s account, according to which we experience depictions as resembling their objects in respect of outline shape. I then ask whether Hopkins’s account can perform the explanatory tasks required of an adequate account of depiction. I argue that there are at least two reasons for which Hopkins’s account of depiction is inadequate. Firstly, the notion of outline (...) shape, as Hopkins presents it, is inconsistent. Moreover, I argue that, while a consistent construal of outline shape is possible, Hopkins’s account becomes indistinguishable from previous accounts of depiction under any such construal. Second, I argue that, however it is construed, the notion of outline shape is unable to explain one of the central features which Hopkins himself insists any successful account of depiction must explain. (shrink)

This paper examines the logical and metaphysical consequences of denying Leibniz's Law, the principle that if t1= t2, then φ(t1) if and only if φ(t2). Recently, Caie, Goodman, and Lederman (2020) and Bacon and Russell (2019) have proposed sophisticated logical systems permitting violations of Leibniz's Law. We show that their systems conflict with widely held, attractive principles concerning the metaphysics of individuals. Only by adopting a highly revisionary picture, on which there is no finest-grained equivalence relation, can a well-motivated metaphysics (...) for rejecting Leibniz's Law be developed. We sketch one such picture—a metaphysics of stuff. Stuff ontologies can be initially motivated through ordinary language: stuff stands to mass nouns as objects stand to count nouns. The stuff ontology we propose takes stuff to be fundamental and views the world as composed of an infinite descending hierarchy of kinds and portions of stuff. We defend the coherence of this picture and offer a model theory demonstrating that it can be consistently formalized. (shrink)

This paper argues that existence claims for theoretical entities must be based on more than their role in one theory. The supplementary evidence should be either observation, whether direct or indirect, or the possibility of detaching the existence claim from one particular theory. A logical schematism for the latter type of support is developed.