If rape is evaluated as a serious wrong, can it also be defined as non-consensual sex (NCS)? Many do not see all instances of NCS as seriously wrongful. I argue that rape is both properly defined as NCS and properly evaluated as a serious wrong. First, I distinguish the hurtfulness of rape from its wrongfulness; secondly, I classify its harms and characterize its essential wrongfulness; thirdly, I criticize a view of rape as merely ‘sex minus consent’; (...) fourthly, I criticize mistaken attempts to discount the wrongfulness of rape for those who do not value sex; fifthly, I contrast two models for weighing interests, according to one of which rape is not seriously wrongful; finally, I sketch a defence of the view that our sexual integrity ought to be a central interest of ours. (shrink)

Stephen Schulhofer's book, Unwanted Sex: The Culture of Intimidation and the Failure of Law, provides a carefully constructed and powerful case for rape-law reform. His effort is distinctive in three ways: (1) it takes the basic question of reform to be the moral one of determining which sexual interactions ought to be the subject of the criminal law, (2) it takes the right of sexual autonomy to serve as the basis for any successful legal reform, and (3) it makes (...) a philosophically sophisticated case for his own reform proposal. Schulhofer's efforts should be of great interest to philosophers, especially feminist legal philosophers, interested in questions that bear direct relevance to the relationships between autonomy, coercion, and consent as constrained by the requirements of due process. His careful and scrupulously fair discussion of influential reform recommendations set the stage for his own position (discussed in section VII), a critical evaluation thereof (sections VII and VIII), and sympathetic recommendations in VIII and IX. Of special value here is Schulhofer's attempt to extend his analysis of coerced consent to include certain "offers" made in contexts (e.g., the workplace) characterized by significant power differentials between persons. Section IX offers suggestions, generally friendly to Schulhofer's overall reform proposals, for identifying wrongful sexual interactions occurring in certain institutional or professional contexts. (shrink)

It is a truism of modern discussions of Athenian law and oratory that the Athenians regarded adultery as a more heinous offence than rape. This consensus has been challenged in a valuable paper by E. M. Harris. But although Harris has successfully placed in question a number of assumptions about this area of Athenian law and ethics, I wish to argue that the traditional position is in its broad outlines correct. In this as in so many aspects of Athenian (...) law it is difficult to make firm statements. Firstly, for the Athenian system as a whole we lack evidence for many issues of legal prescription and procedure for the period before the restoration of the democracy, and our evidence is frequently lacunose even for the period after the restoration. As a result we are presented with a ‘snapshot’ of the Athenian system at a particular stage in its development and are rarely able to trace chronological developments in detail and frequently unable to trace them in broad outline. A further result of this ‘snapshot’ effect is a false impression of coherence. Legislative measures belonging to different periods are likely to present themselves as the result of an integrated design rather than the product of accretion. Finally, and most importantly, our sources distort. Occasionally they provide information on the laws and on legal procedure in passing, in order to contextualize an argument or narrative; but in general they are presenting us with information in an attempt to persuade. (shrink)

This article charts a genealogy of marital rape law reform in South Australia in the 1970s, arguing that the new laws were based on constructing the marital rapist as a certain kind of man. South Australia is a significant case study, as it was one of the first Western jurisdictions to attempt to criminalise marital rape. Despite South Australia’s generally progressive politics, the legislation was highly contested, and resulted, in the end, only in a partial criminalization. To overcome (...) the strident opposition to rape law reform, we show that supporters explicitly developed a discourse focusing on concepts of sexual normativity and deviance. The marital rapist, it was argued, had deviated from patriarchal standards of masculine decency: this, not the rape itself, was crucial to determining whether his conduct was unlawful. (shrink)

College campus-based surveys of sexual assault in the United States have generated one of the most high-profile and contentious figures in the history of social science: the ‘1 in 5’ statistic. Referring to the number of women who have experienced either attempted or completed sexual assault since their time in college, ‘1 in 5’ has done significant work in making the prevalence of this experience legible to the public and to policy-makers. Here I examine how sexual assault surveys have (...) participated in structuring the ontology of date/acquaintance rape from the 1980s to today. I review the foundational work of feminist social scientists Diana Russell and Mary Koss, with particular attention to the methodological practices through which the concept of the ‘hidden’ or ‘unacknowledged’ rape victim emerged. I then examine a selection of early 21st-century sexual assault surveys and highlight the ongoing preoccupation with survey methodology in responses to their results. I argue that the survey itself has been a central actor in the ontological politics of sexual assault, and only by closely attending to its performativity can we understand the paradoxical persistence both of critical responses to the ‘1 in 5’ statistic and of its effective deployment in anti-violence policy. (shrink)

Debra Bergoffen’s Contesting the Politics of Genocidal Rape shows us beautifully what is gained by considering rape as a consequence of genocide. What gets lost here, in relation to considering cases of rape that are not the result of such, such as gang rape, “mass rape,” or other instances of rape? Is rape qua rape a human rights violation of a sort that is articulated within the context of the “right to sexual (...) integrity”? Can a case be made, even in “non-wartime” societies where rape occurs systematically as an instance of patriarchy and misogyny, that rape is a human rights violation of the right to sexual self-determination? Or is it the case that the conditions of wartime rape merit a different set of considerations in order to locate it as a human rights violation? My comments attempt to think through some of these questions with Bergoffen. (shrink)

This article summarizes Linda Martin Alcoff's Rape and Resistance. Alcoff's analysis centers on a political and philosophical defense of the need to recognize the complexity of both the phenomenon of sexual assault and the various political attempts to counter it. Such complexity extends to the process of describing an experience of sexual assault, which Alcoff argues is always shaped by a multitude of political and social discourses. Alcoff's Foucauldian analysis results in an innovative description of the harms of sexual (...) assault, one that focuses on the ways in which experiences of sexual assault prohibit the active involvement of the subject in the development of their sexual subjectivity. Recognizing that gender-based violence is a global phenomenon, Alcoff nevertheless argues that place-specific instances of such violence are contextualized by the larger phenomenon, which is heterogeneous to its core. The article concludes by posing several questions to Alcoff, centered on the themes of the ethics of sexual experimentation, assailants' ascription of hyperagency to targets of sexual assault, and how sexual assault may influence the sexual subjectivity of maleidentified victims, particularly those who were assaulted as children. (shrink)

This article is about how rape survivors prepare themselves for courtroom appearances. Through it, the author attempts to take research on rape processing beyond a focus on the affective responses of rape “victims” have to the behavior of legal personnel and toward an investigation of the agency of rape survivors. The study builds on law and society research about lay litigants' efforts to use the U.S. civil court system, linguistic research about witnesses involvement in courtroom interaction, (...) and the existing literature on rape processing. It is based on face-to-face interviews with 32 survivors and 12 courtroom observations. The analysis is inductive; the presentation is ethnographic. The author explicates six types of preparation for court: appearance work, role rehearsal, emotion work, team building, role research, and case enhancement. The author discusses how survivors' perceptions of what the criminal justice process entails are reflected in the different preparation activities, and the author offers policy implications regarding the treatment of rape survivors in the criminal justice system. (shrink)

Over the last several decades there has been an attempt to gender genocide by focusing on sexual as well as lethal violence during the Holocaust. While there has been tremendous consideration of women's experience of rape and sexual abuse during the Holocaust, the rape of men had not been previously engaged as a matter of study or archival investigation. This article is the first to study the rape of Jewish men and boys during the Holocaust through survivor (...) testimonies and theorize the implications these testimonies of male sexual victimization have for our understanding of sexual violence and rape more broadly. (shrink)

This essay examines how disability interacts with gender in public discourse about sexual violence by investigating the ableist implications of two popular labels commonly applied to people who have experienced rape or sexual assault: survivors and liars. Using a rhetorical approach in conjunction with disability theory, I analyze how discourses of compulsory survivorship ask people who experience sexual assault to overcome disability and appear nondisabled, whereas rape‐hoax narratives frame others as mentally ill, mad, or irrational. Taken together, I (...) argue, these frameworks form a discursive paradox for people who experience sexual assault, specifically marking their mental fitness and placing them in a rhetorically impossible situation when attempting to disclose sexual assault. Demonstrating how these frameworks silence articulations of pain and the realities of mental illness that can result from sexual trauma brings debates about mental disability and pain more centrally into disability studies through a feminist lens. (shrink)

Research on pornography has distinguished between its violent and nonviolent forms. Analyses of the content of violent pornography have largely focused on readily available soft-core images in adult films and magazines. However, current research has not adequately addressed pornography on the Internet. We show that discussions about violent pornography are incomplete without an understanding of the Internet as a unique and rapidly expanding medium for disseminating images of sexual violence against women. This article attempts to fill that gap by examining (...) violent pornography using a sample of 31 free Internet sites. Each site was analyzed for its portrayal of women victims, male perpetrators, and its story of rape. Please be advised that the analysis contains graphic descriptions of violence toward women found on Internet rape sites. (shrink)

This article explores the various challenges that survivors of rape and sexual violence face when attempting to construct a narrative of their experience under political and epistemic conditions that are not supportive: including the absence of adequate language with which to understand, articulate, and explain their experiences; narrative disruptions at the personal, interpersonal, and social levels; hermeneutical injustice; and canonical narratives that typically further the harms experienced by survivors. In response, I argue that feminist consciousness-raising speak-outs should be revived (...) by contemporary feminists since they are able to do significant work to ameliorate the above-mentioned challenges and thereby aid in the recovery of rape survivors. (shrink)

To many Sartreans, these accounts of the common physical and psychological responses to trauma reflect a familiar view of the self. For Sartre, the self is not an unchanging, underlying essence that guarantees personal identity over time; rather, it is an ongoing project that is founded on our being-in-the-world as embodied freedom, on our concrete relations with others, and, I would add, on our emotions. It thus appears that feminist writings on the effects of sexual trauma could benefit greatly from (...) a careful reading or rereading of Sartrean ontology, even though Sartre himself has not, to my knowledge, related any aspect of his philosophy specifically to the problem of trauma. With this in mind, this essay attempts to work out, within the broader Sartrean ontological framework, a preliminary outline of a phenomenology of rape trauma, one that is based on a feminist consideration of Sartre's distinct but intertwined theories of freedom, embodiment, and the emotions. In this endeavor, an important point I hope to bring out is that even though Sartre has at best provided a rough sketch for his theory of the emotions, we can nevertheless glean from that sketch valuable insights that can both inform and illuminate our understanding of the effects of trauma. (shrink)

Representations of rape and sexual violence abound in Victorian painting, but art historical analysis of this phenomenon has been scarce. This article uses Arthur Hacker’s 1892 painting Syrinx to examine late nineteenth-century approaches and responses to visually representing rape. How did the representation of rape relate to the newly respectable aesthetic category of the artistic nude? Syrinx depicts a standing unclothed young woman attempting to cover her body with reeds, subject matter derived from Book I of Ovid’s (...) Metamorphoses. The painting has been on public display in Manchester Art Gallery since 1893. This article examines how a rape narrative from antiquity was remade as part of the public culture of Victorian Britain, examining the aesthetic, material, literary, legal, medical and museum contexts in which its meanings were produced. It also considers how the representation of rape in this Victorian painting continues to be rethought in Manchester Art Gallery today. (shrink)

In this article, we draw on feminist trauma studies with the aim of deconstructing the theoretical and methodological binary between individual and collective trauma. Based on first-hand interviews with Bosnian survivors of rape, we attempt to ‘think against’ the private/public split that trauma studies work often unintentionally reifies. We draw upon recent methodological innovations that have been influenced by thinkers such as Derrida and Deleuze. Specifically, we work with what Jackson and Mazzei call rhizomatic and trace readings in the (...) threshold. Through a rhizomatic and trace reading of narrative pieces extracted from the interviews, we engage with the following questions: 1) How do we theorise what Davoine and Gaudilliere call ‘the sociopolitical faultlines’ between collective/public accounts of trauma and those traditionally constructed as private/personal? 2) How do accounts of war rape, which narrate the eruption of the past into the present, elucidate the myriad links between the private and public in a number of ways; among others, the echoes or traces of the everyday ‘before’ in subjects’ stories of the monstrous ‘after’? And 3) What is the relationship between the ‘unspeakable’ in the traumatic memories of the survivors and the ‘speakable’ collective memories of traumatic humanmade events? How does the collective desire ‘not to know’ or ‘to forget’ impact on the individual survivor’s ability to reconstitute their post-trauma identity in a personal as well as a social context? The aim of the analysis is to show that the multifaceted nature of the traumatic reality demands a multifaceted approach that resists binary constructions relating to self/other, private/public, individual/collective. (shrink)

To many Sartreans, these accounts of the common physical and psychological responses to trauma reflect a familiar view of the self. For Sartre, the self is not an unchanging, underlying essence that guarantees personal identity over time; rather, it is an ongoing project that is founded on our being-in-the-world as embodied freedom, on our concrete relations with others, and, I would add, on our emotions. It thus appears that feminist writings on the effects of sexual trauma could benefit greatly from (...) a careful reading or rereading of Sartrean ontology, even though Sartre himself has not, to my knowledge, related any aspect of his philosophy specifically to the problem of trauma. With this in mind, this essay attempts to work out, within the broader Sartrean ontological framework, a preliminary outline of a phenomenology of rape trauma, one that is based on a feminist consideration of Sartre's distinct but intertwined theories of freedom, embodiment, and the emotions. In this endeavor, an important point I hope to bring out is that even though Sartre has at best provided a rough sketch for his theory of the emotions, we can nevertheless glean from that sketch valuable insights that can both inform and illuminate our understanding of the effects of trauma. (shrink)

Issues include attempts generally; the problem of outcome luck; the impossibility defense; physical movement and intent; and reckless attempts, attempted rape, and attempted theft. In the final section, I offer a hypothetical that challenges Prof. Donnelly-Lazarov's theory.

Criminal attempts require intent to commit an offence. But what constitutes such intent? Some cases are fairly straightforward. I act with intent to convert stolen goods if I intend that the goods I purchase be stolen. A man acts with intent to commit rape if he intends that the sexual intercourse be non-consensual. Other cases leave room for reasonable disagreement. Did a man intend to convert criminal property when he purchased goods which he suspected might be stolen? And did (...) a man intend to rape a woman when he tried to have intercourse with her and was reckless about consent? Does recklessness as to the circumstance elements of an offence suffice for intent? Building on the view that attempts are failed attacks (as opposed to acts of endangerment), I argue that recklessness about circumstances is not enough for intent since such recklessness amounts to an act of endangerment. This is not to suggest that a man does nothing wrong in trying to have sex with a woman while being reckless about consent; it is to argue that he should be convicted of an endangerment offence, rather than an attempt. If we take seriously the idea that attempts are failed attacks, and that attacks and endangerments constitute different types of moral wrong, we have good reason to preserve this distinction in our offence labels by insisting that the fault element for attempts should require at least knowledge or belief as to the relevant circumstances of an offence. (shrink)

ABSTRACTAnxious individuals report disproportionately negative expectations concerning the future, termed the negative expectancy bias. In contrast, ageing is associated with an inflated expectancy for positive future events. A recent study [Steinman, S. A., Smyth, F. L., Bucks, R. S., MacLeod, C., & Teachman, B. A.. Anxiety-linked expectancy bias across the adult lifespan. Cognition and Emotion, 27, 345–355. doi:10.1080/02699931.2012.711743] found using an interpretation bias task, a negative expectancy bias in young adults and positive expectancy bias in older adults with high trait (...) anxiety. Extending this, the current study examined expectancy bias for positive, negative and ambiguously emotionally toned information in younger and older adults with clinical levels of depression and anxiety to community control groups, thus allowing examination of both disorder status and age on biases. Clinical participants reported a pervasive tendency to expect negative events relative to positive regardless o... (shrink)

There is limited knowledge about sleep in adolescents with elevated levels of anxiety treated within primary health care settings, potentially resulting in sleep problems not being sufficiently addressed by primary health care workers. In the current study self-reported anxiety, insomnia, sleep onset latency, sleep duration, and depressive symptoms were assessed in 313 adolescents referred to treatment for anxiety within primary health care. Results showed that 38.1% of the adolescents met criteria for insomnia, 34.8% reported short sleep duration, and 83.1% reported (...) long sleep onset latency. Total anxiety symptoms were related to all sleep variables after controlling for age and sex. Furthermore, all anxiety symptom sub-types were associated with insomnia and sleep onset latency, whereas most anxiety subtypes were associated with sleep duration. Adolescents’ depressive symptoms accounted for most of the anxiety-sleep associations, emphasizing the importance of depressive symptoms for sleep. However, anxiety was associated with insomnia and sleep onset latency also among youth with low levels of depressive symptoms. The findings suggests that primary health care workers should assess sleep duration, sleep onset latency, and insomnia in help-seeking adolescents with anxiety. (shrink)

In this unflinching look at the experience of suffering and one of its greatest manifestations—torture—J.M. Bernstein critiques the repressions of traditional moral theory, showing that our morals are not immutable ideals but fragile constructions that depend on our experience of suffering itself. Morals, Bernstein argues, not only guide our conduct but also express the depth of mutual dependence that we share as vulnerable and injurable individuals. Beginning with the attempts to abolish torture in the eighteenth century, and then sensitively examining (...) what is suffered in torture and related transgressions, such as rape, Bernstein elaborates a powerful new conception of moral injury. Crucially, he shows, moral injury always involves an injury to the status of an individual as a person—it is a violent assault against his or her dignity. Elaborating on this critical element of moral injury, he demonstrates that the mutual recognitions of trust form the invisible substance of our moral lives, that dignity is a fragile social possession, and that the perspective of ourselves as potential victims is an ineliminable feature of everyday moral experience. (shrink)

When not acting in ways that are recognised as physical self-defence, women are often – in psychology and in other dominant discourses – generalised as inherently passive during subjection to sexualised coercion (rape and attempted rape). Likewise, in the aftermaths, their (in)actions are frequently pathologised as ‘maladaptive coping strategies’. We present theoretically and empirically based arguments for an agency-oriented approach to women’s perspectives on sexualised coercion. Agency is understood as intentional, situated and strategic. Sexualised coercion is not (...) generalised as a single “traumatic” event, but conceptualised as life events. Meanings of coercion are embedded in social activities connected to discourses on ‘rape’ and ‘trauma’. Thus personal meanings of subjection are understood as developed in and through participation in trajectories across diverse contexts. Adopted in our study, this approach points to the great diversity of personal meanings of sexualised coercion. Moreover, it reveals intimate connections between situated, personal and dominant discursive meanings of coercion, and women’s strategies of (in)actions during and in the aftermaths of the events. Our analysis of participants’ perspectives also indicates an imperative need for reinterpreting concepts such as ‘victim’ and ‘passivity’. In a reinterpretation women, although subjected to sexualised coercion, emerge as subjects both during subjection and in the aftermaths. Furthermore their seemingly pathological behaviour may be re-conceptualised as person ally sense-making strategies of action in reflected attempts at (re)formulating and (re)organising their life strategies. (shrink)

Rather than focusing on political and legal debates surrounding attempts to determine if and when genocidal rape has taken place in a particular setting, this essay turns instead to a crucial, yet neglected area of inquiry: the moral significance of genocidal rape, and more specifically, the nature of the harms that constitute the culpable wrongdoing that genocidal rape represents. In contrast to standard philosophical accounts, which tend to employ an individualistic framework, this essay offers a situated understanding (...) of harm that features the importance of interdependence and relationality and that conceptualizes harms as embodied and contextual. The paper ultimately reveals what is distinctive about this particular crime of sexual violence by exploring the logic of genocidal rape: genocidal rape involves the harm of forced self-betrayal unleashed relationally, causing victims as representatives of their group to participate inadvertently in the destruction of that group. (shrink)

What words we use, and what meanings they have, is important. We shouldn't use slurs; we should use 'rape' to include spousal rape (for centuries we didn’t); we should have a word which picks out the sexual harassment suffered by people in the workplace and elsewhere (for centuries we didn’t). Sometimes we need to change the word-meaning pairs in circulation, either by getting rid of the pair completely (slurs), changing the meaning (as we did with 'rape'), or (...) adding brand new word-meaning pairs (as with 'sexual harassment'). A problem, though, is how to do this. One might worry that any attempt to change language in this way will lead to widespread miscommunication and confusion. I argue that this is indeed so, but that's a feature, not a bug of attempting to change word-meaning pairs. The miscommunications and confusion such changes cause can lead us, via a process I call transformative communicative disruption, to reflect on our language and its use, and this can be further, rather than hinder, our goal of improving language. (shrink)

This article is an attempt to bridge the gap between feminist structural explanations for rape and the social psychological mechanisms that make it possible for some men in patriarchal societies to feel neutral about sexual violence toward women. The concept of role taking is used to analyze the perceptions of self and victim held by 79 convicted rapists. Men who defined their behavior during sexual encounters as rape saw themselves from the perspective of their victim through reflexive role (...) taking, had inferred their victims' experience through synesic role taking, and used this awareness to further their plan of action. Men who did not define their behavior as rape did neither reflexive nor synesic role taking and appeared incapable of understanding the meaning of sexual violence to women. The majority of both groups did not experience role-taking emotions, that is, guilt, shame, or empathy, which symbolic interactionists posit are the mediators of self-control. I argue that the gender imbalance of power and the status of women as property are the social factors that render normative emotions inoperative in sexual violence. (shrink)

Abstract: The optimum definition of the term "genocide" has been hotly contested almost since the term was coined. Definitional boundaries determine which acts are covered and excluded and thus to a great extent which cases will benefit from international attention, intervention, prosecution, and reparation. The extensive legal, political, and scholarly discussions prior to this article have typically (1) assumed "genocide" to be a fixed social object and attempted to define it as precisely as possible or (2) assumed the need (...) for a fixed convention and sought to stipulate the range of events that should be denoted by the term. Even if its meaning is a matter of convention, however, "genocide" is not a fixed object but varies by context and evolves in methods and forms over time. In fact, as relevant laws, legal interpretations, and political commitments develop, so do would-be perpetrators modify what genocide is in order to avoid political and legal consequences. This article advances an approach to a definition of "genocide" that allows even legal definitions to keep pace with this evolutionary process. (shrink)

Unconsented pelvic exams under anesthesia are assaults cloaked in defense of healthcare education. Preemptive linguistic qualifiers “presumed” or “implied” attempt to justify such violations with flippancy toward their oxymoronic implications: to suggest a priori that consent can be assumed undermines its otherwise standalone social, ethical, and medico-legal reverence. In this paper I conceptualize “medical sexual assault” and argue that presumed consent for intimate exams exemplifies its definition. By bluntly describing pelvic exams as “penetration,” this work aims to reify the intimate (...) reality of the clinical label “pelvic exam” and to call attention to cisheteronormative and androcentric assumptions involved in its practice. Additionally, this scholarship seeks to create a foundation toward broader work in conceptualizing clinical rape culture. Given recent national survey data indicating a surprising frequency of unconsented intimate exams, detailed language as to their problematics is necessary for ongoing legal and ethical efforts. Explicit consent for intimate exams must be the standard of care for conscious and unconscious patients. (shrink)

In what ways and to what extent should cultural background be taken into consideration in response to legal problems? The first book-length study of the topic, The Cultural Defense provides a comprehensive overview of the debate surrounding the admissibility of cultural evidence in the courtroom. Documenting an extraordinary range of cases in which individuals have attempted to invoke a cultural defense, this book provides an in-depth look at the complexities of invoking cultural agreements in the diverse bodies of law (...) under which the cases fall. Cases considered include homicide and rape prosecutions, child abuse cases, drug use cases, the treatment of animals, and custody battles. Disputing current practices, Renteln contends that the cultural defense should, in both criminal and civil matters, be given formal recognition. (shrink)

RESUMEN Nunca más se refiere al intento de nombrar el horror y la atrocidad, como en el caso de Auschwitz o el "Nunca Más" del informe sobre la desaparición forzada durante la última dictadura en Argentina. Se sostiene que, al ser la violación sexual un acto atroz, la justicia transicional, entendida como la búsqueda de la no repetición de la atrocidad, estaría normativamente comprometida con su no repetición, al igual que lo está con la no repetición de la tortura o (...) de la desaparición forzada. ABSTRACT Never again refers to the attempt to name horror and atrocity, as in the case of Auschwitz, or the "Never Again" of the report on forced disappearances during the last dictatorship in Argentina. The article argues that because rape is an atrocious act, transitional justice, aimed at the non-repetition of any atrocity, would be normatively committed to its non-repetition, just as it is committed to the non-repetition of torture or forced disappearance. (shrink)

In recent years several philosophers of biology have proposed a pluralistic approach to science. In The Disorder of Things, John Dupré argues for a version of pluralism. Pluralists of all breeds must deal with a familiar class of worries that are routinely expressed at the suggestion of any move away from monism. One such worry is that pluralism is a relativistic position in which "anything goes" in science. In this paper I examine Dupré's proposals for saving his pluralism from the (...) much-feared overly permissive relativism. I use a case study to exhibit the types of standards, both epistemic and moral, Dupré suggests we use to judge a scientific idea. This case study illustrates Dupré's proposals in the context of the debate surrounding the use of anthropomorphic language in sociobiological accounts of rape. This paper has three goals. First, it aims to explain and illustrate Dupré's method for distinguishing good science from bad science. Second, it attempts to show that anthropomorphism's problems extend beyond concerns about its epistemic credentials. Third, it defends Dupré's mode of evaluation against some pressing objections. (shrink)

This article refers to the main features of contemporary criminality in Lithuania. The period of analysis of those main features is 2004-2011. From 2004, a period of stable state registration of criminality, i.e. a period without significant changes in criminal laws commenced. The article deals with the analysis of spreading criminality in Lithuania, and the main socio-demographical features of persons charged with criminal offences. The registered number of criminal offences in 2011 decreased by about 15%, compared to 2004. The largest (...) decrease was recorded in 2007. Yet during the economic crisis, after 2007, the number of registered criminal offences slightly increased, however, as has already been mentioned, the registered number of criminal offences in 2011 was 15% less. Nevertheless, we must bear in mind that the changes in criminality came two-three years after certain social changes, in this case – the economic crisis. The characteristic features of the contemporary criminality in Lithuania are: the tendency of decrease in violent crimes (homicides, rapes, serious bodily injuries). During the researched period, the number of homicides decreased by 39%, of serious bodily harms – by 56%; and of rapes and attempts – by 26.5%. Another tendency is the decrease in property crimes. The most widespread property crime is theft. The registered number of thefts decreased by 25%. Among them, the registered number of car thefts decreased the most – by 65%; and the decrease of domestic burglaries amounted to 55.5%. The registered number of robberies decreased by 53%. During the researched period, destruction of or damage to property and swindling – their registered number – increased by 80% and 92% respectively. In the countries with much more developed market economy than in Lithuania (e. g. in Scandinavian countries), the indicators of those crimes are 2 to 3 times higher. This means, firstly, that in future the number of those crimes in Lithuania will increase; secondly, the decrease in violent crimes and the increase of swindling means that market economy in Lithuania has become more developed than before. In Lithuania, the number of persons charged with criminal offences during the researched period tended to decrease, but not much, only by 12%. Some socio-demographic characteristics of persons charged with criminal offences are: juveniles make up 15%; traditionally, they are men, but in contemporary criminality in Lithuania we observe a small (only by 3%) increase of women; the increase in the number of persons aged from 18 to 24 is observed, and it seems that the socio-economic situation of this age group has become more complicated; during the economic crisis in Lithuania, the number of unemployed and not studying persons increased significantly (up to 60% in the structure of all registered persons charged with criminal offences) and almost reached a problematic situation that existed during the transitional period from socialist economy to market economy, from totalitarian society to democratic society (before 2000). (shrink)

This is the first comprehensive handbook in the philosophy of criminal law. It contains seventeen original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation, responsibility, justification and excuse, duress, provocation and self-defense, insanity, punishment, the death penalty, mercy, and preventive detention and other alternatives to punishment. It will be an invaluable resource for scholars and students whose research (...) and studies concern philosophical issues in criminal law and criminal law theory. (shrink)

The political articulation of sexual violence, as legally understood today, took place in India from 1970s onward. In succeeding decades, its definition broadened, positioning it in contexts of caste-based violence, of violence against women at workplaces, and of custodial violence. The Delhi gang rape case, in 2012, introduced another set of political and legal articulations, simultaneously revealing the very politics around them. This paper begins by tracking these phases and definitions, to emphasize one area where such violence has been (...) vocalized the most in recent years, i.e. institutes of higher education in India. Legal codes in this context, carry grave contradictions. Beside, altogether different interpretation occurs when these are applied within institutes of higher education via bureaucratic channels. Recorded cases have shown presence since 2013, except in some regions which appear in negligible measure. Therefore, alongside tracing the historical journey of political articulations of sexual violence in institutes of higher education, this paper takes the case of Raipur city, in the state of Chhattisgarh located in the central-eastern part of India, which has negligible presence in sexual violence crime records in the context of higher educational institutes. Based on a close reading of legal texts, and field visits conducted across institutions in Raipur between 2020–2022, I argue that the limitation of law in combating gender violence, appears not when it is neglected, but often when it is consciously reinterpreted against minority communities, despite claiming to protect those very communities. I attempt to reassess the potential of ‘law’ as a tool to combat gender violence, around existing debates around society and law. (shrink)

This article explores some conceptual issues regarding criminalization at the domestic and international levels. It attempts to explain what it means to say that a particular kind of conduct has been criminalized, and considers how the processes of criminalization differ in domestic and international law. In unpacking these issues, the article takes the examples of rape and sex trafficking in domestic and international legal systems, explores whether these offenses are criminalized more broadly in international criminal law as compared to (...) domestic criminal law, and briefly outlines possible explanations for this disparity. (shrink)

The police are one of the most powerful and important forces for any country. The main task of the police is to install a sense of security in the ordinary citizens and to protect their life and property when they are in danger. Bangladeshi Police have a glorious past with tremendous achievement. Especially in our great liberation war in 1971, they played an important role in achieving our liberation. Eliminating terrorism & militancy and others several operation that leads with the (...) risk of their life. But there are still a lot of accusations against the police force. Like- abusing of power, Misconducting with the people, Committing crossfire defying the high-court order, Wearing white dress when they move to detain criminals, Arresting without warrant, and many other including Bribery, Extortion, Trading Drug and Yaba, Playing partisan role, keeping Bad association, Filing case against deceased man, Charging sheet against the infant who has not been born yet, Enforcing disappearance, Suppressing the freedom of express, Violating Human rights, Doing anti-social activities such as rape, forcible extortion, drinking alcohol, etc. are the real scenario of Bangladesh Police. Policing ethics or related unethical behaviors, in particular, are shaped by both societal perceptions and organizational socialization of the police personnel on how authority should be exercised, as well as the latter's relationship with the socio-political and economic structures overtime. This paper proposes to explain the role of police as the main law enforcement agency in any democratic country. An Attempt has been made to bring different perspectives of ethics which comprises views of Aristotle, Machiavelli, Immanuel Kant, J S Mill and John Rawls. The paper focuses on police Ethics. Police ethics’ reflects the society and the regulations that shape the policing system. Discuss the results and analysis of the consequences of moral degradation caused by the Police. Explore the police brutality because of the lack of Ethics to highlight the public's attitude towards police. The ethical standards and the code of conduct Police practitioners should actually abide by is an ongoing debate. (shrink)

In a recent discussion of my "Foetuses, Famous Violinists, and the Right to Continued Aid", Mark Strasser argues (in effect) that I misunderstood my own argument and am therefore not entitled to conclude that, assuming the foetus to be a person with the same rights as you or I, abortion (even to end rape-caused pregnancy) cannot be justified in the way Judith Thomson attempted in her wellknown paper.' I don't believe I misunderstood my argument. What I propose to (...) do here is to clarify it, especially the distinction between 'dependence' and 'reliance', and to show that Strasser's criticism is plainly mistaken. (shrink)

The new technologies of television viewership following the digital turn have introduced new anxieties and possibilities. While new screen cultures facilitate a transnational viewership, the importance of ethically and morally grounded representations cannot be overstated. In this context, Delhi Crime, the Emmy award-winning Indian series based on the Delhi gang rape and murder of a 23-year-old woman in Delhi, will be instrumental in informing the ethico-political concerns that ought to be prioritized while representing the subaltern subject and the novel (...) socialites fashioned through the new viewership patterns. This article attempts to understand the way in which the emerging screen economies provide new terrains for ethical representation and engendering digital publics. Thus, this article is interested in understanding the intersection of media ecologies and ethico-political concerns to introduce new dialectical possibilities. (shrink)

In present-day political and moral philosophy the idea that all persons are in some way moral equals is an almost universal premise, with its defenders often claiming that philosophical positions that reject the principle of equal respect and concern do not deserve to be taken seriously. This has led to relatively few attempts to clarify, or indeed justify, 'basic equality' and the principle of equal respect and concern. Such clarification and justification, however, would be direly needed. After all, the ideas, (...) for instance, that Adolf Hitler and Nelson Mandela have equal moral worth, or that a rape victim owes equal respect and concern to both her rapist and to her own caring brother, seem to be utterly implausible. Thus, if someone insists on the truth of such ideas, he or she owes his or her audience an explanation. The authors in this volume - which breaks new ground by engaging egalitarians and anti-egalitarians in a genuine dialogue - attempt to shed light into the dark. They try to clarify the concepts of "basic equality", "equal moral worth","equal respect and concern", "dignity," etc; and they try to justify-or to refute-the resulting clarified doctrines. The volume thus demonstrates that the claim that all persons have equal moral worth, are owed equal concern and respect, or have the same rights is anything but obvious. This finding has not only significant philosophical but also political implications. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Psychiatric Hospitalization—Bridging the Gap Between Respect and ControlPaul P. ChristopherIntroductionThis issue of Narrative Inquiry in Bioethics offers varied and somewhat unique perspectives on the experience of psychiatric hospitalization. This commentary highlights a number of salient themes that emerge from reading these essays and attempts to explore how they relate to the broader academic literature on psychiatric hospitalization, particularly with regard to ethical considerations. In reading these narratives, each several (...) times, I was repeatedly struck by the courage required of the authors, both to share their stories publicly and to endure the challenges that the writing process no doubt demanded of them—revisiting and suspending themselves in deeply emotional and, at times, traumatic experiences in order to share the most compelling narrative. Their hard work clearly paid off—the stories are at once intimate and indelible. Still, in many instances, I found myself wanting to know more; to enter the story and sit with the individual through these events; to ask what they were thinking or feeling in a particular situation; to see and hear the world in which they found themselves. Such is the nature of good story telling—the reader, left with the lingering vision created in his mind, turns over the last page, eagerly hoping for more.Narrative ThemesI. Loss of Autonomy or ControlPerhaps the most notable theme had to do with the loss of control or freedom that followed from hospitalization. On first consideration, it may seem odd that this issue appears so often since patient autonomy constitutes one of the fundamental principles of medical ethics. Only under specific circumstances—e.g., when there is a risk of imminent harm—may autonomy be curtailed, and even then only to the extent that is minimally necessary. Yet, as these narratives highlight, there are a multitude of ways in which psychiatric hospitalization engenders actual or perceived restrictions in freedom (Newton-Howes & Mullen, 2011).Consistent with prior research (Goodwin et al., 1999), many of the authors describe a fear or the actual experience of not being able to leave the hospital freely, even when the admission seems to have been voluntary. For example, one writer worries, “I was so afraid that if I ever went ‘in,’ I would never get ‘out’... I thought I would never taste freedom again... alive.” Another describes:When it came time for my possible discharge they told me that I might not get discharged because I was ‘acting up the previous evenings.’ My anxiety level at this point went through the roof. The only reason I was discharged was because my father knew some politicians. If not [End Page 29] for him I would have been a patient there for perhaps years and my life would have been ruined.A third gives this example: “When I asked to sign the form to leave after three days, [the psychiatrist] told me if I did that she would have me committed.” Another writer fears not having any control of how the psychiatrist might approach the treatment: “... I was totally vulnerable... would the doctors blame me, drug me, shock me, kill me?”Somewhat surprising, however, was the fact that so few of the narratives take issue with the decision to hospitalize. This omission is especially striking in light of the fact that prior reports consistently note that a substantial minority (up to nearly half) of voluntarily admitted patients nevertheless experience their admission as coerced (Bonsack & Borgeat, 2005; Hiday et al., 1997; Katsakou et al., 2010; Rogers et al., 1993; Sheehan & Burns, 2011). Because many of these narrators had been hospitalized more than once, the relative absence of expressed resistance to being hospitalized seems strange, particularly when earlier hospital experiences or their aftermath are often described as negative. For example, one individual characterized the time after being released from the hospital as, “My sense of self was questioned. I felt as if I lost my soul.” Another put it this way:When I got out of the private hospital, I felt like my soul had been ripped out of me. I felt like I had a gaping hole in the center of my body... I felt psychically raped, dazed, and confused.Given these... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 30.4 (2000) 38-58 [Access article in PDF] Giorgio Agamben and the Politics of the Living Dead Andrew Norris Death is most frightening, since it is a boundary. —Aristotle, Nicomachean EthicsAnd as the same thing there exists in us living and dead and the waking and the sleeping and young and old: for these things having changed round are those, and those having changed round are these. —Heraclitus, Fragment (...) 88 What is politics today? What is its relationship to the tradition from which it emerges? The questions are difficult ones to answer in part because contemporary politics seems so schizophrenic. In affluent Western countries politics is increasingly a matter of spectacle on the one hand and managed economies on the other. Hannah Arendt seems quite confirmed in her claim that the once-glorious public realm of appearance is fundamentally degraded when it is overrun by concerns more appropriate to the private realm, such as household management and gossip. If this "unnatural growth of the natural" [47] inclines us to nostalgia for a time when the two realms were more decisively separated, such nostalgia is likely intensified by the "ethnic cleansing," rape camps, and genocide that we now associate with names such as "Yugoslavia" and "Rwanda." But as improbable as any flight to the past may be, it is even less likely that the politics of that past could help us navigate the treacherous waters of our current technological society. I have in mind not only the familiar claim that the attempted genocides of our time are only made possible by quite modern forms of technology, organization, and experience, 1 but also recent scientific and "medical" advances. Consider just two: first, the corporate driven and controlled development of biotechnologies, in which huge multinationals are acquiring patents to genetic "information" such as "all human blood cells that have come from the umbilical cord of [any] newborn child." If there is any doubt that such developments will lead us to redefine the human being, these may be laid to rest by the case of John Moore, an Alaskan businessman who found his own body parts had been patented, without his knowledge, by the University of California at Los Angeles and licensed to the Sandoz Pharmaceutical Corporation [Rifkin 60-61]. So much for Locke's attempt to ground the institution of private property in the fact that "every Man has a Property in his own Person"! 2 In its place we seem to be moving [End Page 38] toward something more like the "logical synthesis of biology and economy" called for by the National Socialist Institut allemand in Paris in 1942 [Agamben, Homo Sacer 145]. A similar process of redefinition is already underway in the field of death, a phenomenon that scientists and lawyers are having a harder and harder time pinning down. Where once death was defined by the cessation of the movement of the heart and lungs, recent life support technologies have forced scientists to define death in terms of such technologies. Witness Doctor Norman Shumway's defense of the definition of death as brain death: "I'm saying that anyone whose brain is dead is dead. It is the one determinant that would be universally applicable, because the brain is the one organ that can't be transplanted" [163]. By implication, if and when technology is developed that allows for brain transplants, even those whose brains are "dead" will be brought back to some kind of life, perhaps as organ farms for others who are less ambiguously alive.Giorgio Agamben, from whose book Homo Sacer: Sovereign Power and Bare Life I take both this last grisly example and its analysis, argues that, contrary to appearances, such developments do not represent a radical break with the tradition. His analysis both builds upon and corrects Michel Foucault's claim that politics in our time is constituted by disciplines of normalization and subjectification that Foucault labels "bio-power." For Foucault, biopower is fundamentally modern. "What might be called a society's 'threshold of modernity,'" he writes, "has been reached when the life of the species is wagered... (shrink)

The denial of moral absolutes rests, I think, on a seductive but fallacious argument, which I shall attempt both to expound and to refute here. Human beings are highly complex creatures living in a highly complex world. Every human being is different from every other, every interaction or relationship between or among human beings is unique. Hence also every occasion for moral choice is also unique, and all those action kinds - be theyadultery, murder, rape, theft, ortorture on which (...) moralists are accustomed to pass judgment include an enormous variety of differing transactions, which ideally ought to be evaluated one by one. Moreover, each proposed action has a variety of different aspects: intention, foreseen consequence, conventional meaning, and symbolic significance for example, which bear on moral choice in a wide variety of ways. Moral rules are therefore rules of thumb, open to exceptions whenever persuasive arguments for making them are provided. (shrink)

In the deviance literature, sexual assaults at work have not been given the sustained attention that harm to property or violation of production guidelines has received. This omission suggests that sexual harassment is considered normative and that when women fail to accommodate this reality, it is the survivor rather than the perpetrator who is considered deviant. This article reports on 64 cases of attempted or completed rape in a sample of heterosexual and lesbian women workers in a wide (...) range of occupations. Two atypical responses, quitting the job or filing a complaint as a result of a workplace sexual assault, highlight the process by which informal deviance defining occurs in everyday interactions at work. (shrink)

In this article I offer an analysis of harms associated with sexual objectification. Objectification can be benign, but harm tends to occur in three circumstances: (i) when objectification is non-consensual, (ii) when a phenomenon that I term ‘context-creeping’ occurs, and (iii) when the objectification is also enacting or reinforcing some kind of oppression. I defend the view that objectification is not always harmful, and I explain the popular intuition to the contrary by demonstrating that these three harm-generating circumstances are especially (...) prevalent. The phenomenon of ‘context-creeping’ objectification is introduced to capture what is intuitively wrong with much objectification in media and advertising. This phenomenon describes when instances of sexual objectification (which may be, in themselves, benign) regularly occur outside sexual contexts, in a way that reinforces particular rape myths and thereby contributes to harms. This means that the ubiquity of discussion of pornography in the objectification literature is misleading, and a shift in focus to other media is warranted. I end with a warning, though: we should be very careful in how we respond to these problems, as attempts to mitigate any harms associated with objectifying media can badly misfire. (shrink)