Even though the measurement of fear of crime in criminological research commenced a few decades ago, specific populations, such as social activists, remain undocumented. This article is an attempt to address this gap. A study was conducted among 153 social activists involved in exposing corruption and irregularities that take place in the government system in India. This article explores the gap between the fear of crime and actual victimization among the specific social activists in India. The results indicate (...) activists expressed moderate fear of any one form of victimization including verbal and emotional, physical, and sexual victimization. It was also found that one-third of them have reported facing some form of abuse. The research implications are discussed. (shrink)

SummarySon preference has been considered as a determinant of women's risk of intimate partner violence experience in India, although quantitative evidence from large nationally representative studies testing this relationship is limited. This study examines the association between husband's son preference, sex composition of children and risk of physical and sexual IPV victimization among wives. Information was collected for 26,284 couples in the nationally representative 2005–2006 National Family Health Survey of India. The exposures were husband's son preference measured as husband's (...) desire for one or more sons greater than the number of daughters and sex composition of the household: only sons, only daughters and mixed. Outcome included past year physical and/or sexual IPV. The results showed that husband's reported son preference and sex composition of children were not associated with risk for IPV victimization in the models adjusted for socio-demographic factors. The findings from this first population-based study of socio-cultural norms around son preference and married Indian women's risk for IPV victimization indicate that cultural preference for sons does not influence women's risk for IPV victimization. (shrink)

Common law treats cases of misfire in which the actor has a valid defence in relation to either the intended victim or the victim actually harmed as particular instances of ‘transferred malice’. It is said that just as the actor’s intention is fictitiously ‘transferred’ from the intended victim to the victim harmed so are defences, meaning that any—and only—defences that would have been available to the actor had he harmed the intended victim will be granted to him with regard to (...) the harm caused to the actual victim. I argue that the blanket solution of transferring defences ‘as is’, without accounting for their differing rationales and their specific implications for cases of misfire, produces bad reasoning and oversimplified decisions—and should therefore be substituted by a separate examination of the actor’s liability with respect to each victim and each type of defence. However, I reject the more robust argument that commentators have made, that a conclusion against transferring defences entails a conclusion against transferred malice in general. I argue that the underlying logic of transferred malice—i.e., treating victims of equivalent wrongs alike—stays intact even if we excise from it the treatment of cross-victim defences. (shrink)

ABSTRACTLove is the basis for a moral psychology of forgiveness. I argue for an account of love based on Roy Bhaskar's conception of its five circles, and of the ethical nature of human beings as concrete universals/singulars. Linking this to work of ‘The Forgiveness Project’, I argue that forgiveness can be understood metaphysically in terms of its relation to love of self, of the other, of the relation of self and other, of self, other and the wider community, and of (...) self and other in their ontological depth as unique individuals. Forgiveness involves both a ‘giving to’ and a ‘giving up’, and this can lead to a profound sense of identity between a victim and a perpetrator. Forgiveness is different for each person; it may draw upon a public/legal setting as a proxy for universal judgement; and it confronts social-structural and political elements which may block its development. (shrink)

In this paper I examine which is the most appropriate moral theory for dealing with disaster bioethics contexts. It is pointed out that, contrary to what is usually believed, moral theories of right action cannot actually guide us in such difficult situations. Instead, it is claimed that a virtue ethics theory of an Aristotelian version, which gives emphasis not only on the virtuous person but also on the relevant developmental process of becoming virtuous, can provide us with the right theoretical (...) framework for coping with the problems which the victims of such disastrous situations face. (shrink)

Achilles is vindictive; he wants to get even with Agamemnon. Being so disposed, he sounds rather like many current crime victims who angrily complain that the American system of criminal justice will not allow them the satisfactions they rightfully seek. These victims often feel that their particular injuries are ignored while the system addresses itself to some abstract injury to the state or to the rule of law itself – a focus that appears to result in wrongdoers being treated with (...) much greater solicitation and respect than their victims receive. If the actual victims are noticed at all, they will likely be told that there is another branch of law – tort law – that has the job of dealing with private injuries and grievances and that, if they pursue this route at their own expense, they might ultimately get some financial compensation for the wrongs done to them. However, just as Achilles felt that mere compensation was inadequate to the kind of injury done to him by Agamemnon, many of these victims will often claim that the injuries they have suffered do not admit of financial compensation. How, they might ask, can a dollar value be set on the humiliation and degradation they have experienced? They might also note that those who injure them tend, unlike Agamemnon, to be judgment-proof – so lacking in resources as to be unable to make any meaningful contribution to any compensation package that the victim may win. (shrink)

The rise of modernity in the 19th century can, among other things, be vividly illustrated by the phenomenal advance of medical profession and, in particular, surgery as its most radical form. In the 20th century, the doctor has already been steadily associated with the phenomenon of power. Medical experiments on human subjects are generally recognized as one of the most extreme manifestations of this discursive nexus. Despite considerable amount of historical research, predominantly dealing with the experiences of Nazi medicine and (...) its patients in concentration camps and some other disciplinary institutions, as well as somewhat gloomy attraction providing for unabated fascination on the part of trivial literature, such experiments have not yet become an established literary topos. The elusive nature of this phenomenon which belongs to the kern of post-war anxiety, but is rarely addressed to, allows me to attest to the fact that human experiments, especially those conducted in Nazi concentration camps, have become a cultural «exclusion zone». Nonetheless, there is a whole range of texts in which attempts has been made to overcome the cultural taboo and to give voice to the victims of human vivisection. Two of them – Friedrich Dürrenmatt’s Suspicion and Marcel Beyers The Flying Foxes – are analyzed in this paper against the backdrop of the so called «intellectual witness» – a concept proposed by Geoffrey Hartman and meaning a distanced witnessing, mostly on behalf of younger generations or, as in case with Dürrenmatt, of those who stayed aside of the World War II. In both novels, the narrative structures of intellectual witnessing serve to surmount the metaphorizing tendency which turns the reality of human experiments into tropes corroborating the author’s idea or concept. Combining documentary elements with the elements of trivial fiction, Dürrenmatt and Beyer make significant strides in deconstructing the naïve «over-identifying» with the victims, as well as their overt fictionalization. As a result, they manage to open the possibility of witness beyond the perspective of eyewitnesses, and at the same time subjugate this rearticulation of the past to the demands of the present situation that facilitates it. This perilous duality reveals the ethical double bind which seems to be inherent to the most reactualizations of utterly traumatic historical experiences, such as human experimentation, transformed into «exclusion zones» and then voiced through intellectual witness and other forms of «secondary witness». In order to become an object of witnessing, those traumatic experiences must correspond to the anxieties of the present originating from them. While triggering the reactualization process, such anxieties, however, also subject the experience of concrete victims to the desiderata of a traumatized «(intellectual) witness» and, in such a way, misuse the tragedy as a means of the witness’s coming to terms with his or her own trauma. (shrink)

This paper argues that race and class inequalities cannot be fully understood in isolation: their intersectional quality is explored through an analysis of how the White working class were portrayed in popular and political discourse during late 2008 (the timing is highly significant). While global capitalism reeled on the edge of financial melt-down, the essential values of neo-liberalism were reasserted as natural, moral and efficient through two apparently contrasting discourses. First, a victim discourse presented White working people, and their children (...) in particular, as suffering educationally because of minoritised racial groups and their advocates. Second a discourse of degeneracy presented an immoral and barbaric underclass as a threat to social and economic order. Applying the 'interest-convergence principle', from Critical Race Theory, the discourses amount to a strategic mobilisation of White interests where the 'White, but not quite' status of the working class (Allen, 2009) provides a buffer zone at a time of economic and cultural crisis which secures societal White supremacy and provides a further setback to progressive reforms that focus on race, gender and disability equality. The existence of poor Whites, therefore, is not only consistent with a regime of White supremacy — they are actually an essential part of the processes that sustain it. (shrink)

This commentary focuses on how third parties impact the course of acts of revenge based on their world views, such as belief in a just world. Assuming this belief to be true, the following questions could be asked: (a) What are the consequences of a third party's worldview in terms of secondary victimization? (b) Are bystanders actually aware of these consequences? (c) If so, then why do they let it happens?

Transferred malice, or transferred intent, is the criminal doctrine that states that if D tries to kill A, and accidentally kills B, the intent to kill transfers from A to B, and so D is guilty of murdering B. This is widely viewed as a useful legal fiction. One of the finest essays on this topic was written by our honorand, Douglas N. Husak. Husak views both the potential usefulness of, and his preferred alternative to, transferred malice through the lens (...) of sentencing – how much hard treatment the offender will receive. In this essay, I take a step back and ask in what ways transferred malice might be useful. I find its potential usefulness is not restricted to sentencing, but thinking about other ways in which it might be useful actually brings other potential drawbacks into focus – in particular, I argue, transferred malice mislabels the crimes the offender committed, and does so in a way that erases one of the victims from the moral description of the crime. (shrink)

Violence is an extremely prevalent problem in the United States and throughout the world, and it is a major contributing factor to increased mortality and mortalityty. These facts are well documented in the recent Report on violence and Health published by the World Health Organization. This report, which is likely to become a landmark document in the public health community, defines violence broadly as: The intentional use of physical force or power, threatened or actual, against oneself, another person, or (...) against a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment or deprivation. This World Health Organization definition encompasses three types of violence: 1) suicide and selfharm, 2) collective violence, and 3) interpersonal violence.Interpersonal violence is defined asviolence inflicted by an individual or small group of individuals and includes youth violence, violence between intimate partners, other forms of family violence such as abuse of children and the elderly, rape and sexual assault by strangers, and violence in institutional settings such as schools, workplaces, nursing homes and prisons. (shrink)

Violence is an extremely prevalent problem in the United States and throughout the world, and it is a major contributing factor to increased mortality and mortalityty. These facts are well documented in the recent Report on violence and Health published by the World Health Organization. This report, which is likely to become a landmark document in the public health community, defines violence broadly as: The intentional use of physical force or power, threatened or actual, against oneself, another person, or (...) against a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment or deprivation. This World Health Organization definition encompasses three types of violence: 1) suicide and selfharm, 2) collective violence, and 3) interpersonal violence.Interpersonal violence is defined asviolence inflicted by an individual or small group of individuals and includes youth violence, violence between intimate partners, other forms of family violence such as abuse of children and the elderly, rape and sexual assault by strangers, and violence in institutional settings such as schools, workplaces, nursing homes and prisons. (shrink)

First, I argue that the contestability of the term “terrorism” is insufficient to justify the targeting of those who are innocent noncombatants beyond reasonable doubt; second, that states could be as vicious, if not even more so, than nonstate actors could be in perpetrating acts that might be described as terrorism, and, third, that an adequate definition of international terrorism must focus on the actual victims of such despicable acts.

How do hip-hop songs produced from 2017 to 2023 depict and rationalize online fraud? This study examines the depiction of online fraudsters in thirty-three Nigerian hip-hop songs on nine popular streaming platforms such as Spotify, Deezer, iTunes, SoundCloud, Apple Music, and YouTube. Using a directed approach to qualitative content analysis, we coded lyrics based on the moral disengagement mechanism and core themes derived from existing literature. Our findings shed light on how songs (a) justify the fraudulent actions of online fraudsters, (...) (b) blame and dehumanize victims of online romance fraud, (c) glamorize online fraud, and (d) provide insights into prevailing attitudes, indigenous linguistics, and worldviews regarding cybercrime victimization. Specifically, our analysis shows the presence of moral disengagement mechanisms, including "dehumanization," “minimizing own agency,” and "displacement of responsibility." Moreover, we identify core contextual themes pertinent to online fraud in the Nigerian context: (a) "cyber spiritualism" and (b) "the North-South divide." This research underscores the global influence of musicians whose songs are easily accessible on diverse music platforms in trivializing the plight of online fraud victims. We argue that these artists' persuasive messages not only downplay but also satirize the victims' predicaments, thus contributing to the cultural worldviews and dimensions of online fraud. We conclude by underscoring these songs' capacity to actualize, reshape, and actively engage with the narratives of glamorization, justification, spiritualism, colonial legacies, gender dynamics, and societal implications. We recommend that future research endeavors explore non-conventional data sources adept at capturing the intricate fabric of cultural attitudes and dynamics. (shrink)

Our experiences with many sorts of evils yield debates about the role of forgiveness as a possible moral response. These debates include (1) the preliminary question whether evils are, by definition, unforgivable, (2) the contention that evils may be forgivable but that forgiveness cannot entail reconciliation with one’s evildoer, (3) the concern that only direct victims of evils are in a position to decide if forgiveness is appropriate, (4) the conceptual worry that forgiveness of evil may not be genuine or (...) complete if hard feelings recur, (5) the interest of many in holding that forgiveness is never required, and (6) the concern that analyses of evil ought to prioritize the suffering, and credit the perspectives, of victims of evils, in tension with the possibility that forgiveness concerns the well-being of offenders. In this paper, I critically evaluate these concerns from the perspective of nonideal theory. I conclude that crediting victims’ perspectives is importantly basic to empirically informed moral theory, and that objections to forgiveness including (1) evil’s unforgivability ignore victims’ differing accounts. When we take actualities and experiences to be informative and central, some of the usual debates become less pressing, perhaps even moot. (shrink)

I explore how gender can shape the pragmatics of speech. In some circumstances, when a woman deploys standard discursive conventions in order to produce a speech act with a specific performative force, her utterance can turn out, in virtue of its uptake, to have a quite different force—a less empowering force—than it would have if performed by a man. When members of a disadvantaged group face a systematic inability to produce a specific kind of speech act that they are entitled (...) to perform—and in particular when their attempts result in their actually producing a different kind of speech act that further compromises their social position and agency—then they are victims of what I call discursive injustice. I examine three examples of discursive injustice. I contrast my account with Langton and Hornsby's account of illocutionary silencing. I argue that lack of complete control over the performative force of our speech acts is universal, and not a special marker of social disadvantage. However, women and other relatively disempowered speakers are sometimes subject to a distinctive distortion of the path from speaking to uptake, which undercuts their social agency in ways that track and enhance existing social disadvantages. (shrink)

Interactions with teachers and peers are critical for children’s social, behavioral, and academic development in the classroom context. However, these two types of interpersonal interactions in the classroom are usually pursued via separate lines of inquiries. The current study bridges these two areas of research to examine the way in which teachers influence child-perceived peer social support and peer victimization for 2,678 children within 183 classrooms in preschool through grade three. Two levels of teacher influence are considered, namely teacher-child (...) closeness and conflict relationships at the child-level, and teacher management of interpersonal interactions at the classroom-level. Results of multilevel regression models showed that teacher-child closeness was associated with the growth of child-perceived peer social support from fall to spring, whereas teacher-child conflict and teachers’ behavior management practices were associated with the change in child-perceived peer victimization across the academic year. These associations were unique and above and beyond the influence of children’s actual peer social interactions, including reciprocal friendships and the collective classroom reputation of peer victimization. Collectively, findings highlight the multi-faceted teacher roles in shaping children’s perceptions of their peer social experiences during the earliest years of schooling. (shrink)

It is widely accepted that consent is a normative power. For instance, consent can make an impermissible act permissible. In the words of Heidi Hurd, it “turns a trespass into a dinner party... an invasion of privacy into an intimate moment.” In this chapter, I argue against the assumption that consent has such robust powers for moral transformation. In particular, I argue that there is a wide range of sex that harms or wrongs victims despite being consensual. Moreover, these cases (...) are not limited to those where con- sent is vitiated by background conditions. I start by calling this category of consensual sex Bad Sex. I then distinguish subspecies of this category, including psychological pressure, social coercion, and epistemically unsafe sex. I end by responding to an objection on which we should treat at least some subspecies of Bad Sex as rape. Though this alternative proposal is often motivated by ameliorative and strategic considerations, I argue that such considerations actually count against collapsing the categories of Bad Sex and rape. (shrink)

How do we access the authentic self in order to live fulfilling, meaningful lives? In straightforward terms, The Heart of the Matter: Gifts in Strange Wrapping Paper explains a simple but extraordinarily powerful technique called the See, Feel, Hear Challenge that enables people to easily gain entry into the storehouse of their subconscious core beliefs. In the process, it cracks the coded messages that those beliefs release in the form of disease, suffering, addictions, unhappy relationships, and victimized circumstances. Based in (...) the latest findings in neuroscience and neurocardiology, this book guides readers to an uncomplicated understanding of the astounding power of our emotions and how life automatically delivers experiences that trigger negative reactions that subconsciously impact us. These emotions form the foundation of core beliefs that create unhealthy attitudes and dis-ease patterns that keep us from experiencing the authentic, satisfying lives we desire. Using clear examples and true stories from clients, Dr. Weissman’s latest work demonstrates how we can release these stored emotions and their wisdom via the See, Feel, Hear Challenge. It then explains how to use this simple method to evoke feelings that positively impact the quantum field, remolding our bodies, minds, and everyday lives into purposeful expressions of inner joy and radiant well-being. Whether you’re dealing with addictions, dysfunctional relationships, or illness, or are focused on becoming an Olympic champion, The Heart of the Matter gives you a potent tool for positive change and transformation that you can use for the rest of your life. (shrink)

How wrong is it to deceive someone into sex by lying, say, about one's profession? The answer is seriously wrong when the liar's actual profession would be a deal breaker for the victim of the deception: this deception vitiates the victim's sexual consent, and it is seriously wrong to have sex with someone while lacking his or her consent.

This paper aims to relax the tension between the political requirements of making peace and the moral demands of doing justice, in light of the peace processes in South Africa and Northern Ireland. It begins by arguing that criminal justice should be reconceived as consisting primarily in the vindication of victims, both direct and indirect. This is not to deny the retributive punishment of perpetrators any role at all, only to insist that it be largely subservient to the goal of (...) vindication. Why should we take such an account of justice to be true? The paper offers two reasons. First, Christians – and even secularist liberals – have a prima facie reason in the consonance of this account with the Bible's eudaimonistic conception of justice as ordered to the restoration of healthy community. Second, since all concepts of criminal justice share the basic notion of putting right what is wrong, it would be odd if the repair of damage done to victims (i.e., their vindication) were not prominent among its concerns; and there are reasons to suppose that this vindication should actually predominate in relation to the other principles of justice (the retributive balancing of crime and punishment, and the reform of the criminal for his own sake). In its final sections, the paper applies the proposed conception of criminal justice to the peace processes in South Africa and Northern Ireland, and concludes that in both cases, notwithstanding concessions to the politics of peace-making, considerable justice has been done. (shrink)

Lockdown measures in response to the COVID-19 pandemic involve placing huge burdens on some members of society for the sake of benefiting other members of society. How should we decide when these policies are permissible? Many writers propose we should address this question using cost-benefit analysis, a broadly consequentialist approach. We argue for an alternative non-consequentialist approach, grounded in contractualist moral theorising. The first section sets up key issues in the ethics of lockdown, and sketches the apparent appeal of addressing (...) these problems in a CBA frame. The second section argues that CBA fundamentally distorts the normative landscape in two ways: first, in principle, it allows very many morally trivial preferences—say, for a coffee—might outweigh morally weighty life-and-death concerns; second, it is insensitive to the core moral distinction between victims and vectors of disease. The third section sketches our non-consequentialist alternative, grounded in Thomas Scanlon’s contractualist moral theory. On this account, the ethics of self-defence implies a strong default presumption in favour of a highly restrictive, universal lockdown policy: we then ask whether there are alternatives to such a policy which are justifiable to all affected parties, paying particular attention to the complaints of those most burdened by policy. In the fourth section, we defend our contractualist approach against the charge that it is impractical or counterintuitive, noting that actual CBAs face similar, or worse, challenges. (shrink)

Responding to the increasingly influential role of Hannah Arendt's political philosophy in recent years, Hannah Arendt and the Limits of Total Domination: The Holocaust, Plurality, and Resistance, critically engages with Arendt's understanding of totalitarianism. According to Arendt, the main goal of totalitarianism was total domination; namely, the virtual eradication of human legality, morality, individuality, and plurality. This attempt, in her view, was most fully realized in the concentration camps, which served as the major "laboratories" for the regime. While Arendt focused (...) on the perpetrators' logic and drive, Michal Aharony examines the perspectives and experiences of the victims and their ability to resist such an experiment. The first book-length study to juxtapose Arendt's concept of total domination with actual testimonies of Holocaust survivors, this book calls for methodological pluralism and the integration of the voices and narratives of the actors in the construction of political concepts and theoretical systems. To achieve this, Aharony engages with both well-known and non-canonical intellectuals and writers who survived Auschwitz and Buchenwald concentration camps. Additionally, she analyzes the oral testimonies of survivors who are largely unknown, drawing from interviews conducted in Israel and in the U.S., as well as from videotaped interviews from archives around the world. Revealing various manifestations of unarmed resistance in the camps, this study demonstrates the persistence of morality and free agency even under the most extreme and de-humanizing conditions, while cautiously suggesting that absolute domination is never as absolute as it claims or wishes to be. Scholars of political philosophy, political science, history, and Holocaust studies will find this an original and compelling book. (shrink)

Many activities impose risks of harm on other people. One such class of risks are those that individuals culpably impose on others, such as the risk arising from reckless driving. Do such risks in themselves constitute a harm, over and above any harm that actually eventuates? This paper considers three recent views that each answer in the affirmative. I argue that each fails to overcome what I call the ‘interference objection’. The risk of harm itself, whether taken as a subjective (...) or an objective risk, is unable to interfere with the interests of victims in order to constitute a harm. This does not mean that a risk of harm cannot itself be wrongful, but the conclusion does weaken the moral objectionableness of impositions of risks of harm. (shrink)

Tommy J. Curry’s provocative book The Man-Not is a justification for Black Male Studies and won the 2018 American Book Award. He posits that we should conceptualize the Black male as a victim, oppressed by his sex. The Man-Not, therefore, is a corrective of sorts, offering a concept of Black males that could challenge the existing accounts of Black men and boys desiring the power of white men who oppress them that has been proliferated throughout academic research across disciplines. -/- (...) Curry argues that Black men struggle with death and suicide, as well as abuse and rape, and their genred existence deserves study and theorization. This book offers intellectual, historical, sociological, and psychological evidence that the analysis of patriarchy offered by mainstream feminism (including Black feminism) does not yet fully understand the role that homoeroticism, sexual violence, and vulnerability play in the deaths and lives of Black males. Curry challenges how we think of and perceive the conditions that actually affect all Black males. (shrink)

The Neuroethics of Memory is a thematically integrated analysis and discussion of neuroethical questions about memory capacity and content, as well as interventions to alter it. These include: how does memory function enable agency, and how does memory dysfunction disable it? To what extent is identity based on our capacity to accurately recall the past? Could a person who becomes aware during surgery be harmed if they have no memory of the experience? How do we weigh the benefits and risks (...) of brain implants designed to enhance, weaken or erase memory? Can a person be responsible for an action if they do not recall it? Would a victim of an assault have an obligation to retain a memory of this act, or the right to erase it? This book uses a framework informed by neuroscience, psychology, and philosophy combined with actual and hypothetical cases to examine these and related questions. (shrink)

Criminal law abolitionists claim that legal punishment cannot be morally justified and that we should therefore abolish criminal law. While this is still a minority position in the current debate, the number of proponents has been increasing, and even opponents have developed a certain degree of sympathy for such claims in recent years. Yet one of the reasons many remain hesitant regarding the abolition of criminal law appears to be the lack of a thought-through alternative, in addition to abolitionists disagreeing (...) considerably amongst themselves on what an alternative should look like. I will call this the missing alternative objection. To address this central concern, I will argue in this paper that the most prominent versions of abolitionism actually converge on the same alternative core to criminal law — even though they are driven by vastly different motivations. This core that current abolitionist theories converge on is two-fold: first, the claim that the state should compel offenders to provide restitution for the victim; second, the claim that restorative processes should be used wherever possible when addressing criminal wrongdoing. This common core is enough to reject the missing alternative objection. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:ABORTION AS A SACRAMENT: MIMETIC DESIRE AND SACRIFICE IN SEXUAL POLITICS Bernadette Waterman Ward SUNY-Oswego "If men got pregnant, abortion would be a sacrament." That familiar taunt is mostly aimed at Roman Catholics to humiliate them for their purportedly religious and anti-rational opposition to abortion. It is conventional to sniffthat the "religious assumptions" on which disapproval of abortion is "typically based" are "highly questionable" (Chambers 1). But the cultural (...) theories of René Girard suggest that it is because men don't get pregnant that abortion already is a sacrament. The key elements of sacrificial religion, as Girard defines it, are the presence of intolerable tension that must lead to social disruption; the choice of a victim who cannot strike back to absorb the community's violence; and the concealment ofthe function ofthe sacrifice, which employs actual violence for the purpose of stabilizing institutional violence. Abortion in America is upheld not as medical or even political policy, but as, in fact, a religious sacrifice. Girard's definition ofreligion requires neither a moral code nor a divinity nor a metaphysical grounding. The cult of Dionysus, to name only one example, evidently endorsed nothing we would recognize as a general code of morality; Buddhism, a far more august example, does not focus on a divinity; animism proposes no universal metaphysics. As to sacraments, Bernadette Waterman Ward19 Thomas Aquinas, following St. Augustine, did not scruple to call nonChristian sacrifices sacraments oftheir religions, "Whether true or false."' Scapegoating defines religious sacrifice. It protects the sacrificing community and promotes its unity—so long as all believe that the scapegoat must suffer. Often the victim is called an enemy to some established order; sacrifice is always conservative, even if it upholds an inherently unstable system. Because powerlessness, not real disruptive power, is the criterion for becoming a scapegoat, sacrifice requires a strong shared illusion. Classical religions provide unopposable gods to choose the tragically necessary victims, allowing strong ambivalence to surround the sacrifice itself. Ifthis is not present, the death or banishment takes on a different character—more political than religious, though Girard notes a fundamental unity between those two methods ofcontrolling mimetic violence. Mimetic violence originates in illusion surrounding a rivalry. Often there is an object involved, such as territory or wealth or political rank, but the object, which seems important, is actually irrelevant. The rivalry can continue, seeking new objects, whatever concrete acquisitions either party makes or loses. General, aimless rivalry dominates a social world of fragile, undefined selves in which anyone can be a model for imitation, and therefore anyone can be a threat to one's sense ofself. What an imitator actually seeks is to have whatever is desirable; most desirable ofall, perhaps, is the ability to know what is desirable, a mysterious quality that is constantly attributed to others; Girard calls this quality "being." From the nursery we are each other's disciples, wanting each other's toys not because of their inherent virtue so much as because someone else has seen some virtue in them. As human desire has no real single object, it has no closure; envy and revenge threaten others in a widening net of destruction. In the classic scenario, the model whose "being" has become matter for imitation finds himself in competition for the object, and attacks the rival, who returns in kind. A disciple who can rally aspire to the model's status can become a dangerous, even a deadly rival; in imagination, and sometimes in reality, they turn each other intp monsters. Yet as the desire has no single object, neither has the rage: the violence can be easily transferred to another object than one's rival. Sometimes those who are uneasy about their status in relation to one another can cement a powerful unity by focusing blame on some common target: a scapegoat. The Orwellian scenario is in fact the normal scenario: individuals caught in the maelstrom of social instability 'Summa Theologiae, 3a.61.1 31. 20Abortion as a Sacrament seek to avoid victimization by diverting the violence into blame and destruction directed, first of all, against someone else—and, if possible, against someone who cannot strike back: a sacrifice. Not all sacrificial religious... (shrink)

Andy Clark and David Chalmers claim that cognitive processes can and do extend outside the head.1 Call this the “hypothesis of extended cognition” (HEC). HEC has been strongly criticised by Fred Adams, Ken Aizawa and Robert Rupert.2 In this paper I argue for two claims. First, HEC is a harder target than Rupert, Adams and Aizawa have supposed. A widely-held view about the nature of the mind, functionalism—a view to which Rupert, Adams and Aizawa appear to subscribe— entails HEC. Either (...) HEC is true, or functionalism is false. The relationship between functionalism and HEC goes beyond support for the relatively uncontroversial claim that it is logically or nomologically possible for cognition to extend (the “can” part of HEC); functionalism entails that cognitive processes do extend in the actual world. Second, I argue that the version of HEC entailed by functionalism is more radical than the version that Clark and Chalmers suggest. I argue that it is so radical as to form a counterexample to functionalism. If functionalism is modified to prevent these consequences, then HEC falls victim to Rupert, Adams and Aizawa’s original criticism. An advocate of HEC has two choices: (1) accept functionalism and radical HEC; (2) give up HEC entirely. Clark and Chalmers’ intermediate position of a modest form of HEC is unsustainable. The argument of this paper, although initially appearing to support Clark and Chalmers, ultimately argues against their position. The price of HEC is rampant expansion of the mind into the world, and the implausibility of such expansion is indicative of deep-seated problems with functionalism. The argument of this paper consequently speaks to wider issues than just the status of HEC. The reasons for.. (shrink)

In this paper, we consider the straw man fallacy from the perspective of pragmatic inference. Our main claim is that the straw man fallacy is a ‘pragmatic winner’ not primarily because of its persuasive power but rather because it targets the pragmatic cognitive-inferential skills of its victim while enhancing the prestige of its author. We consider that in the context of a straw man fallacy, the issue of the burden of proof, which is ‘reversed’, does not directly bear on the (...) argumentation itself but has essentially to do with the difficulty for the targeted speaker of getting the attention of the audience back. It is difficult because countering this fallacy involves primarily a discussion of the reasons why the inference drawn was unduly derived, a process which is virtually destined to be a failure first of all because of the lack of relevance of justifications in comparison with that of actual points. Notions of retractability and the explicit-implicit divide are central to our approach. (shrink)

Prior research on the psychology of retribution is complicated by the difficulty of separating retributive and general deterrence motives when studying human offenders . We isolate retribution by investigating judgments about punishing animals, which allows us to remove general deterrence from consideration. Studies 2 and 3 document a “victim identity” effect, such that the greater the perceived loss from a violent animal attack, the greater the belief that the culprit deserves to be killed. Study 3 documents a “targeted punishment” effect, (...) such that the responsive killing of the actual “guilty” culprit is seen as more deserved than the killing of an almost identical yet “innocent” animal from the same species. Studies 4 and 5 extend both effects to participants' acceptance of inflicting pain and suffering on the offending animal at the time of its death, and show that both effects are mediated by measures of retributive sentiment, and not by consequentialist concerns. (shrink)

Manipulation by another person often undermines freedom. To explain this, a distinction is drawn between two forms of manipulation: indoctrination is defined as causing another person to respond to reasons in a pattern that serves the manipulator’s ends; coercion as supplying another person with reasons that, given the pattern in which he responds to reasons, lead him to act in ways that serve the manipulator’s ends. It is argued that both forms of manipulation undermine freedom because manipulators track the compliance (...) of their victims, while neutral causal mechanisms do not. Manipulators see to it that their victims comply even in the face of forces that threaten to derail them from the manipulator’s desired course. It is suggested that this has an impact on freedom because part of what we desire in wanting to be free is the availability of forms of life very different from those we actually enjoy. (shrink)

The aim of this paper is to provide a broad sketch of the advantages of the debt/atonement approach to punishment. Such an approach is appealing for it can benefit both the victim and the remorseful victimizer. Compared to other theories, it gives a fuller and more unified account of our intuitions about paying debts, doing penance, alleviating guilt, granting forgiveness, and offsetting privileges, pleasures and burdens. The theory also allows us to avoid justifying punishment on the basis of using some (...) people to deter others. And it does all of this while channeling in a positive and productive way the deeply felt vindictive need to "get even." Thus, contrary to the traditional wisdom that justice and revenge are diametrically opposed, providing the former may actually depend upon allowing the latter. (shrink)

ABSTRACTI argue that the degree to which a criminal should be punished is determined by three elements: a baseline amount that proportionally compensates the victim and an additional penalty that, first, reforms the criminal and, second, deters others from becoming unjust. My interpretation provides a solution to the interpretive puzzle that has most vexed commentators: the alleged tension between Plato's philosophical theory of punishment and the content of his penal code. I defend a two-step solution to the puzzle. First, on (...) my interpretation, because of the broad role that deterrence must play, this alleged tension is—to a degree—merely apparent. Second, the actual tension can be explained by Plato's commitment to the rule of law, given the epistemic limitations of actual people. (shrink)

This chapter contains sections titled: Police Philosophize about the Armed and Dangerous The Interview.

The paper discusses a neglected condition for justified self-defense, namely, 'The Success Condition [SC].' According to SC, otherwise immoral acts can be justified under the right to self-defense only if they actually achieve the intended defense from the perceived threat. If they don't, they are almost always excused, but not morally justified. I show that SC leads to a troubling puzzle because victims who estimate they cannot prevent the attack against them would be morally required to surrender. I try to (...) solve the puzzle by relying on what I call 'The Honor Solution.' Even if defensive acts fail to protect the victim's body, property, or life, they are successful in protecting her honor, thus they do ultimately meet the success condition. (shrink)

This paper defends the claim that collective responsibility can be based on group membership. It argues that collective responsibility is best understood in terms of duties to respond to the victims of collective crimes. Reasonable fear on the part of the victimized groups creates duties to respond for members of the perpetrating group. This account does a better job of capturing our intuitions about actual cases and the phenomenology of collective responsibility than other accounts currently on offer. It also (...) offers us a justification of collective responsibility judgments that is compatible with the separateness of persons. (shrink)

The ‘real’ issue concerns the status of qualia, that is, the subjective sensory states into which we are thrown when looking at a yellow leaf, hearing a musical chord, sniffing a camembert, or running our fingers over a piece of sandpaper. Is it possible to provide a satisfactory account of such states using only the resources of a materialist functionalism? Or is it the case -- as it has seemed to many, and as it seems to David Chalmers -- that (...) once we have said all there is to say about the physical basis of, and the functional role of, such states, there remains an uneliminable residue: the brute qualitative matter of ‘what it is like’ to sniff the camembert? Since it is extraordinarily hard to tackle this question head-on, we seek the leverage afforded by the notion of the philosopher's zombie, the point being that if we have a coherent intuition to the effect that there is indeed such a residue, then we ought to be able to conceive of the zombie. Just subtract the residue while leaving all the physical/functional stuff in place. Conversely, if it transpires that the notion of the philosopher's zombie breaks down under stress, this would seem to indicate that the intuition of the ineliminable residue is itself problematic. The ‘remedy’ for a belief in zombies is the sort of Dennettian exercise in imagination proposed in this paper. One must be forced to recognize the huge gulf between the simple informational economies of the thermostat, and even the PC, and the amazingly subtle and layered informational economy of a normal human being. Taking the PC, or the severely degraded registrations of actual blindsight victims, as the model, one may fool oneself into thinking one has imagined something when one has not really confronted its detailed implications. This piece will have accomplished its aim if it encourages a few readers to take the latter possibility more seriously than hitherto. (shrink)

Teachers’ responses to bullying incidents are key in bullying intervention at school. Scholars have suggested that teacher responses can predict student cognitions that are associated with their bullying behaviors. However, little is known about whether and how teacher responses affect these cognitions. Therefore, the current study investigated the effects of four immediate teacher responses on four bullying-related student cognitions, using an experimental vignette design. Additionally, it was examined whether students’ own participant role behaviors in actual bullying moderated these effects. (...) The investigated teacher responses were non-response, comforting the victim, correcting the bully, and a combination of comforting the victim and correcting the bully. The investigated student cognitions were perceived teacher attitudes toward bullying, perceived teacher moral disengagement regarding bullying, student willingness to report bullying to the teacher and student expectations regarding bullying participant role behaviors in the classroom. Fourth-to-sixth grade students read a vignette describing a hypothetical teacher’s response to a same bullying incident, following random assignment to one of eight conditions. Afterward, students completed questionnaires about their social cognitions and manipulation checks. ANOVA demonstrated that students perceived stronger teacher anti-bullying attitudes and less teacher moral disengagement when the hypothetical teacher displayed an active response. These effects were even stronger when the teacher corrected the bully compared to when only the victim was comforted. Further, students were more willing to report bullying when the teacher corrected the bully than when the teacher only comforted the victim. Finally, students expected less pro-bullying behaviors, more defending and less victimization in the vignette’s classroom following active teacher response compared to non-response. The effects of teacher responses on student cognitions were not moderated by students’ own participant roles in bullying. Taken together, these findings emphasize the importance of active teacher responses to bullying, and especially, responses that clearly show that bullying is not tolerated. Teachers are encouraged to be aware that students can deduce beliefs from teacher responses which can, in turn, affect bullying processes in the classroom. (shrink)

This Article defines four distinct conceptions of cruelty found in underdeveloped form in domestic and international criminal law sources. The definition is analytical, focusing on the types of agency, victimization, causality, and values in each conception of cruelty. But no definition of cruelty will do justice to its object until complemented by the kind of understanding practical reason provides of the implications of the phenomenon of cruelty. -/- No one should be neutral in relation to cruelty. Eminently, cruelty in (...) criminal law, a human-created phenomenon, vigorously calls for responses in the form of preventive and corrective action on the part of private and public actors. It is in this sense that cruelty is a problem of practical reason, one of action preoccupied with its legal or moral obligations, rational grounds, value commitments, and actual consequences. -/- However, the connection between conceptions of cruelty and the implications practical reason can draw from the correct application of a conception of cruelty to phenomena in the world remains too detached to be able to capture and explain people's actual experiences both of seeing cruelty in the world and of confronting the question of what to do about cruelty and how to address its cultural and institutional aspects. Something is missing. -/- What is missing is the integration of conceptions of cruelty and the practical reason implications of detecting cruelty in the world into normative models which operate as meaning matrixes for cognition, meaning, and action. This Article undertakes this explanatory task through an exercise of reconstructing seminal philosophical ideas about cruelty. The result is that the four conceptions of cruelty are placed within three distinct normative models, which ultimately render intelligible legal conceptions of cruelty and legal reactions to it. (shrink)

Our concern in this paper lies with a common argument from racial discrimination to realism about races: some people are discriminated against for being members of a particular race (i.e., racial discrimination exists), so some people must be members of that race (i.e., races exist). Error theorists have long responded that we can explain racial discrimination in terms of racial attitudes alone, so we need not explain it in terms of race itself. But to date there has been little detailed (...) discussion of whether it is better to explain racial discrimination in terms of race or in terms of racial attitudes alone. Our goal is to offer a novel and detailed argument in defense of explaining racial discrimination in terms of racial attitudes alone, by attending to the neglected phenomenon of misperception discrimination, which involves differential treatment due to misperceived race. We argue that the discriminatory action in misperception cases must be explained in the same way as cases where (according to the realist) the victim’s race is accurately perceived. Thus, the victim’s actual race cannot provide the best explanation. The main upshot of our argument is that explanatory arguments from racial discrimination to realism about race fail. (shrink)

I argue for two propositions. First, contrary to the common wisdom, we may justly punish individuals who are not morally responsible for their crimes. Psychopaths – individuals who lack the capacity to feel sympathy – help to prove this point. Scholars are increasingly arguing that psychopaths are not morally responsible for their behavior because they suffer from a neurological disorder that makes it impossible for them to understand, and therefore be motivated by, moral reasons. These same scholars then infer from (...) this conclusion that they must also lack criminal responsibility and therefore that our continuing to punish psychopaths for their crimes is unjust. My response is that this inference is entirely fallacious. -/- Criminal responsibility turns out to be quite distinct from moral responsibility. The two kinds of responsibility require very different conditions to be satisfied. In particular, criminal responsibility, unlike moral responsibility, does not require an agent be able to grasp and follow moral reasons; it requires only that the individual be able to grasp and follow criminal laws. Once this point is recognized, it becomes much easier to accept my thesis: while the subset of psychopaths who commit crimes are not morally responsible for their criminal behavior because they cannot understand moral reasons, they are still criminally responsible because they can understand what the consequences will be if they get caught. For this reason, even though I concede that psychopaths are not morally responsible for the crimes that they commit, our practice of punishing them for these crimes is still just. -/- Second, I argue that psychopathy is a mental illness and should be recognized as such. One reason that it should be recognized as a mental illness is simply because it is; it satisfies the main criteria for inclusion in the DSM-IV, the “bible” of mental disorders. The other reason is more practical than conceptual. It starts with two facts: the U.S. Supreme Court has decided that the preventive detention of any individual who is not a criminal suspect is not constitutional unless the individual is not only dangerous but also mentally ill; and psychopathy is not currently considered to be a mental illness. So, as things now stand, we cannot preventively commit dangerous psychopaths – that is, psychopaths who have clearly indicated that they will be committing serious crimes. Instead, we must wait for them to commit the crimes before we can lock them up. Unfortunately, this incarceration always comes too late for the victims. It would therefore be better if we could lock them up before they actually inflict any harm. Once again, then, I propose that the legal and psychological communities classify psychopathy as a mental illness. (shrink)

Given that a person's death is bad for her,whenis it bad? I defendsubsequentism, the view that things that are bad in the relevant way are bad after they occur. Some have objected to this view on the grounds that it requires us to compare the amount of well-being the victim would have enjoyed, had she not died, with the amount she receives while dead; however, we cannot assign any level of well-being, not even zero, to a dead person. In the (...) population ethics literature, many philosophers have argued along similar lines that bringing someone into existence can neither harm nor benefit her. Working within the comparative framework (on which harms make us worse off), I respond by proposing a good sense in which we can say that dead people, and actual people at alternatives in which they do not exist, have a well-being level of zero. (shrink)

What form must a theory of epistemic injustice take in order to successfully illuminate the epistemic dimensions of struggles that are primarily political? How can such struggles be understood as involving collective struggles for epistemic recognition and self-determination that seek to improve practices of knowledge production and make lives more liveable? In this paper, I argue that currently dominant, Fricker-inspired approaches to theorizing epistemic wrongs and remedies make it difficult, if not impossible, to understand the epistemic dimensions of historic and (...) ongoing political struggles. Recent work in the theory of recognition— particularly the work of critical, feminist, and decolonial theorists—can help to identify and correct the shortcomings of these approaches. I offer a critical appraisal of recent conversation concerning epistemic injustice, focusing on three characteristics of Frickerian frameworks that obscure the epistemic dimensions of political struggles. I propose that a theory of epistemic injustice can better illuminate the epistemic dimensions of such struggles by acknowledging and centering the agency of victims in abusive epistemic relations, by conceptualizing the harms and wrongs of epistemic injustice relationally, and by explaining epistemic injustice as rooted in the oppressive and dysfunctional epistemic norms undergirding actual communities and institutions. (shrink)