Legal responses to battered women who kill have long animated scholarly debate and law reform activity. In September 2012 after 47 years of alleged abuse, Frenchwoman Jacqueline Sauvage fatally shot her abusive husband three times in the back. The subsequent contested trial, conviction for murder, unsuccessful appeal and later presidential pardon of Sauvage thrust the French law of self-defence into the spotlight. The Sauvage case raises important questions surrounding the adequacy of the French criminal law in this area, the ongoing (...) proliferation of gendered stereotypes in law and the need for reform. In the wake of the Sauvage case, this article provides a timely analysis of the gendered law of self-defence in France. Drawing from an in-depth analysis of the judgments imposed in the Sauvage case, this article examines the adequacy of French legal responses to battered women who kill and ignites an argument for further law reform. (shrink)

Legal judgment writing mobilises a process of story-telling, drawing on existing judicial discourses, precedents and practices to create a narrative relevant to the specific case that is articulated by the presiding judge. In the Feminist Judgments projects feminist scholars and activists have sought to challenge and reinterpret legal judgments that have disadvantaged, discriminated against or denied women’s experiences. This paper reflects on the process of writing as a feminist judge in the Australian Project, in an intimate homicide case, R v (...) Middendorp. Drawing on the work of Judith Butler on intelligibility, iterability and the communality of violence and vulnerability, this article argues that feminist judgments necessarily require some uncomfortable compromises with unjust gendered institutions. While ‘donning the robes’ may be an uncomfortable process, a feminist re-articulation of the law’s carceral power serves to unsettle and challenge some aspects of gendered oppression, even though it cannot unsettle the operation of the institution. The article concludes that effective feminist interventions by members of the judiciary may require donning robes that are not entirely comfortable in order to persuade and advocate for change. (shrink)

Andrew Fitz-Gibbon in Pragmatic Nonviolence: Working Toward a Better World argues that a principled form of pragmatism—pragmatism shaped by the theory of nonviolence—is the best hope for our world. He defines nonviolence as “a practice that, whenever possible seeks the well-being of the Other, by refusing to use violence to solve problems, and by having an intentional commitment to lovingkindness.” In the first part of the book, Fitz-Gibbon asks what a better world would look like. In (...) the second part, he covers what is the greatest obstacle to that better world: violence. In the third part, he examines philosophical theories of nonviolence. The fourth part examines pragmatism as a philosophy of “what works” (William James) through the lens of the principle of maximizing well-being through nonviolent practice. In response to Fitz-Gibbon’s work, critic Danielle Poe asks what a nonviolence response looks like to the Other whom we have wronged and wonders how nonviolence responds to systemic violence. Sanjay Lal asks whether pragmatism and nonviolence can be synthesized given the popular conception that the pragmatic possible seems at odds with the ideal of absolute nonviolence. William C. Gay affirms much of the text and suggests its uses in teaching. Mechthild Nagel wonders if Fitz-Gibbon’s pragmatic nonviolence is too anthropocentric and questions the absence of a consideration of systemic violence in the criminal justice system. Fitz-Gibbon then responds to the critics. (shrink)

_Love as a Guide to Morals_ is an entry-level introduction to the ethical importance of love. Written in conversational format this book looks uniquely at the complexity of love in human relationships and how love can guide ethical decision-making. The book suggests that love in all its intricacy—erotic/erosic love, friendship, affection, and agapic love—is the great good of human life. The book argues that love has a unifying power for morality, and is more suited to ethical thinking and practice than (...) any other idea. _Love as a Guide to Morals_ uses a modified Aristotelian argument and suggests “loving relationships” rather than happiness as the goal of human life. (shrink)

Drawing on the philosophy of nonviolence, the American pragmatist tradition, and recent empirical research, _Pragmatic Nonviolence_ demonstrates that, rather than being merely theoretical, nonviolence is a truly practical approach toward personal and community well-being.

_Positive Peace _is a scholarly and creative compilation of articles on peace education, nonviolence and social change. Arun Gandhi sets the scene in his introduction with the challenge that positive peace is both a resisting of the physical violence of war and the passive violence of the psychological structures that lead to conflict. Peace education rises to meet that challenge. In twelve chapters, philosophers and educators look at a variety of topics from Gandhian nonviolence, to pragmatic conflict solving; hope and (...) the ethics of belief, to the way we use violent language; mothering and peace activism, to multiculturalism and peace. Recurring themes are: pragmatic nonviolence, the ethics of care as an antidote to violence, and hope in a violent world. Chapters on the use of film in peace education, song and nonviolent activism, and teaching art history and peace, demonstrate pragmatic possibilities for would-be peace educators. Arun Gandhi in his introduction asks, “For generations human beings have strived to attain peace, but with little or no success. … Why is peace so illusive? Is it unattainable? Are humans incapable of living in peace?” This book suggests that peace education has a large part to play. It is an important attempt to begin to meet the challenge. (shrink)

In this paper I suggest that an ambivalence toward—sometimes hatred of—bodies has contributed to violence against bodies. I take my cue from the work of Richard Shusterman who coined the word “somaesthetics” and who has called for a new philosophical discipline of the same name. Shusterman’s work provides the beginning of a new matrix for a positive body consciousness. I also glance briefly at the work of Mark Johnson and other pragmatists who have urged a new conceptualization of bodies and (...) minds in the light of cognitive science. I suggest that this positive body consciousness is an essential element in the philosophy of nonviolence and the quest for less violence against bodies. I then consider helpful traditions from the east, particularly Daoism, that already have a developed system of body-mind-spirit practices that aid body consciousness. Such traditions, adapted and modified to our context in the west, may provide the practice for an authentic nonviolent existence where bodies matter more than they have in the past. (shrink)

In this paper I suggest that an ambivalence toward—sometimes hatred of—bodies has contributed to violence against bodies. I take my cue from the work of Richard Shusterman who coined the word “somaesthetics” and who has called for a new philosophical discipline of the same name. Shusterman’s work provides the beginning of a new matrix for a positive body consciousness. I also glance briefly at the work of Mark Johnson and other pragmatists who have urged a new conceptualization of bodies and (...) minds in the light of cognitive science. I suggest that this positive body consciousness is an essential element in the philosophy of nonviolence and the quest for less violence against bodies. I then consider helpful traditions from the east, particularly Daoism, that already have a developed system of body-mind-spirit practices that aid body consciousness. Such traditions, adapted and modified to our context in the west, may provide the practice for an authentic nonviolent existence where bodies matter more than they have in the past. (shrink)

Sparked by the recent threats to an open and pluralistic society in both Europe and the United States, The Fragility of Tolerant Pluralism is an exploration of social and political philosophy. Using the early sixteenth century as a lens to view our own struggles with multiple visions of a good society, the book looks at tolerant pluralism in the light of the twin challenges of resurgent nationalisms and Islamist terrorism. The book makes a case not only for social toleration, but (...) for a deep pluralism that both values and celebrates difference. It also suggests that the radical sects in Europe in the early sixteenth-century challenged the political and religious monisms of both Catholic and Protestant territories, hence planting the seeds of tolerant pluralism. The struggles faced in the sixteenth-century both reflect and inform our own pressing concerns today and as such, The Fragility of Tolerant Pluralism draws six lessons for our current situation. (shrink)

This paper is a reflection on a personal journey toward nonviolence, and looks particularly at the nonviolent care of children who have been victims of emotional, sexual and physical violence. It analyzes the philosophical threads of praxis, nonviolence and how moral sense is shaped through a triad of affective, reflective and elective experience. It concludes with a MacIntyrean perspective relating to the conjoining of theory and practice in the formation of a robust nonviolent praxis.

_Love as a Guide to Morals_ is an entry-level introduction to the ethical importance of love. Written in conversational format this book looks uniquely at the complexity of love in human relationships and how love can guide ethical decision-making. The book suggests that love in all its intricacy—erotic/erosic love, friendship, affection, and agapic love—is the great good of human life. The book argues that love has a unifying power for morality, and is more suited to ethical thinking and practice than (...) any other idea. _Love as a Guide to Morals_ uses a modified Aristotelian argument (after Alsdair MacIntyre) and suggests “loving relationships” rather than happiness as the goal of human life. (shrink)

_Positive Peace _is a scholarly and creative compilation of articles on peace education, nonviolence and social change. Arun Gandhi (grandson of Mahatma Gandhi) sets the scene in his introduction with the challenge that positive peace is both a resisting of the physical violence of war and the passive violence of the psychological structures that lead to conflict. Peace education rises to meet that challenge. In twelve chapters, philosophers and educators look at a variety of topics from Gandhian nonviolence, to pragmatic (...) conflict solving; hope and the ethics of belief, to the way we use violent language; mothering and peace activism, to multiculturalism and peace. Recurring themes are: pragmatic nonviolence, the ethics of care as an antidote to violence, and hope in a violent world. Chapters on the use of film in peace education, song and nonviolent activism, and teaching art history and peace, demonstrate pragmatic possibilities for would-be peace educators. Arun Gandhi in his introduction asks, “For generations human beings have strived to attain peace, but with little or no success. … Why is peace so illusive? Is it unattainable? Are humans incapable of living in peace?” This book suggests that peace education has a large part to play. It is an important attempt to begin to meet the challenge. (shrink)

To Andrew Fitz-Gibbon the history of Northern Ireland provides much useful insight by which progress can be made in the on-going (and seemingly never ending) vicious conflicts between Israelis and Palestinians that our world has not been able to break free of. In the first three chapters of “Talking to Terrorists” the Northern Ireland conflicts are placed within a very accessible and surprisingly thorough (given the book’s brevity) context. In his final chapter “Toward a Peaceful Future” Fitz- (...) class='Hi'>Gibbon identifies and elaborates upon seven specific areas “where the Northern Ireland Peace Process might inform the situation between Israel and Gaza.". (shrink)

Memory representation for time was studied in two settings. First, an analysis of timing in a laboratory analog of a foraging situation revealed that departure times from a patchy resource followed a Weber Law-like property implied by scalar timing. A trial-by-trial analysis was then pursued in a similar but more structured experimental paradigm, the Peak procedure. Study of covariance structures in the data implicated scalar variance in the memory for time as well as in the decision process, but the correlation (...) pattern ruled out multiple access to memory within a trial. (shrink)

We all know that speech can be harmful. But how? Mary Kate McGowan argues that speech constitutes harm when it enacts a norm that prescribes that harm. She investigates such harms as oppression, subordination, and discrimination in such forms of speech as sexist remarks, racist hate speech, pornography, verbal triggers, and micro-aggressions.

One theme in complaints from those with marginalized social identities is that they are seen primarily in terms of that identity. Some Black artists, for instance, complain about being seen as Black first and artists second. These individuals can be understood as objecting to a particularly subtle form of morally problematic attention: “relative attentional surplus on the wrong property.” This attentional surplus can coexist with another type of common problematic attention affecting these groups, including attentional deficits; marginalized individuals and groups (...) themselves are routinely insufficiently attended to in virtue of the surplus attention given to their social identity properties. (shrink)

The odds of encountering a senior citizen selling on the street have increased. The claim that they have no choice but to work and sell on the street, despite the dangers, illnesses, and psychological issues they may face, to provide for their family’s needs is very evident. Therefore, this study explores the quality of life, lived experiences, challenges, and coping mechanisms of senior citizen street vendors in Bulacan, Philippines. The study employed Heideggerian Phenomenology and Interpretative Phenomenological Analysis (IPA). Moreover, the (...) following themes arise (1) Golden years, (2) Socially connected, and (3) Unknown journey. These themes highlighted the experiences and challenges faced by the participants. Moreover, it is highly suggested that local government agencies enhance and strictly monitor the existing program that alleviates mental and physical health concerns and senior citizens' safety and financial assistance. (shrink)

Lexicalized theories of syntax often assume that verb-structure regularities are mediated by lemmas, which abstract over variation in verb tense and aspect. German syntax seems to challenge this assumption, because verb position depends on tense and aspect. To examine how German speakers link these elements, a structural priming study was performed which varied syntactic structure, verb position, and verb overlap.structural priming was found, both within and across verb position, but priming was larger when the verb position was the same between (...) prime and target. Priming was boosted by verb overlap, but there was no interaction with verb position. The results can be explained by a lemma model where tense and aspect are linked to structural choices in German. Since the architecture of this lemma model is not consistent with results from English, a connectionist model was developed which could explain the cross-linguistic variation in the production system. Together, these findings support the view that language learning plays an important role in determining the nature of structural priming in different languages. (shrink)

‘Intersectionality’ is one of the rare pieces of academic jargon to make it out of the university and into the mainstream. The message is clear and well-known: your feminism had better be intersectional. But what exactly does this mean? This paper is partly an exercise in conceptual clarification, distinguishing at least six distinct types of claim found across the literature on intersectionality, and digging further into the most philosophically complex of these claims—namely the metaphysical and explanatory. It’s also partly a (...) reply to Sara Bernstein, who argued recently that the best interpretation of the metaphysical claim is explanatory priority. We’ll argue that duly clarified, it’s far from obvious that feminism had better be intersectional. At the very least, it had better not be only intersectional. (shrink)

Philosophers of science discuss whether theory selection depends on aesthetic judgments or criteria, and whether these putatively aesthetic features are genuinely extra-epistemic. As examples, judgments involving criteria such as simplicity and symmetry are often cited. However, other theory selection criteria, such as fecundity, coherence, internal consistency, and fertility, more closely match those criteria used in art contexts and by scholars working in aesthetics. Paying closer attention to the way these criteria are used in art contexts allows us to understand some (...) evaluative and developmental practices in scientific theory selection as genuinely aesthetic, enlarging the scope of the goals of science. (shrink)

There is no cure or vaccine for HIV/AIDS. The only life-prolonging treatment available is antiretroviral (ARV) therapy. WHO estimates, however, that less than 5 percent of those who require treatment in developing countries currently enjoy access to these medicines. In Africa fewer than 50,000 people–less than 2 percent of the people in need–currently receive ARV therapy. These facts have elicited strongly divergent reactions, and views about the appropriate response to this crisis have varied widely.The intensity of the debate concerning access (...) to life-prolonging medicines for the treatment of HIV/AIDS, and the heated rhetoric with which they are often conducted, suggest that these disagreements may be rooted in deeper disagreements of value. It is not obvious, however, what disagreements of value are at stake in this debate. By analyzing the statements of scholars, public officials, activist organizations, and private sector representatives, each of whom may endorse very different policy recommendations on access to HIV/AIDS drugs, we have identified and created a typology of the different sources of disagreement in the debate. We conclude that the central disagreements concerning access to medicines arise from competing understandings of how responsibilities for bringing remedy to hardships should be allocated to different agents and institutions. A central lesson that emerges from our analysis is that thinking about “health equity” must extend beyond the explanation and justification of goals, values, and ideals, and engage more honestly with the difficult question of how responsibilities for bringing remedy to health crises should be allocated in complex social contexts. (shrink)

Doing research with young children can be challenging for many reasons, but this book provides clear guidance on how to engage in appropriate methods. Focusing on researching through play, careful consideration is given to: · the founding principles of playful research · understanding young children's perspectives · prioritising the rights of the child and the voice of the child · examples of innovative research methods Real life examples and research projects are presented, to enable common challenges to be anticipated and (...) to showcase successful creative approaches, and to inspire new paths in research. (shrink)

Effective robots and autonomous systems must be trustworthy. This chapter examines models of trustworthiness from a philosophical and empirical perspective to inform the design and adoption of autonomous systems. Trustworthiness is a property of trusted agents or organisations that engenders trust in other agent or organisations. Trust is a complex phenomena defined differently depending on the discipline. This chapter aims to bring different approaches under a single framework for investigation with three sorts of questions: Who or what is trustworthy?–metaphysics. How (...) do we know who or what is trustworthy?–epistemology. What factors influence what or who should we trust?–normativity. A two-component model of trust is used that incorporates competence (skills, reliability and experience) and integrity (motives, honesty and character). It is supposed that human levels of competence yield the highest trust whereas trust is reduced at sub-human and super-human levels. The threshold for trustworthiness of an agent or organisation in a particular context is a function of their relationship with the truster and potential impacts of decisions. Building trustworthy autonomous systems requires obeying the norms of logic, rationality and ethics under pragmatic constraints–even though there is disagreement on these principles by experts. Autonomous systems may need sophisticated social identities including empathy and reputational concerns to build human-like trust relationships. Ultimately transdisciplinary research drawing on metaphysical, epistemological and normative human and machine theories of trust are needed to design trustworthy autonomous systems for adoption. (shrink)

Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of MacKinnon's constructionist claims. I (...) also show that the erroneous verdictive is of more general interest. (shrink)

‘‘Undone science’’ refers to areas of research that are left unfunded, incomplete, or generally ignored but that social movements or civil society organizations often identify as worthy of more research. This study mobilizes four recent studies to further elaborate the concept of undone science as it relates to the political construction of research agendas. Using these cases, we develop the argument that undone science is part of a broader politics of knowledge, wherein multiple and competing groups struggle over the construction (...) and implementation of alternative research agendas. Overall, the study demonstrates the analytic potential of the concept of undone science to deepen understanding of the systematic nonproduction of knowledge in the institutional matrix of state, industry, and social movements that is characteristic of recent calls for a ‘‘new political sociology of science.’’. (shrink)