Social epistemologists use the term hermeneutical injustice to refer to a form of epistemic injustice in which a structural prejudice in the economy of collective interpretive resources results in a person’s inability to understand his/her/their own social experience. This essay argues that the phenomenon of unacknowledged date rapes, that is, when a person experiences sexual assault yet does not conceptualize him/her/their self as a rape victim, should be regarded as a form of hermeneutical injustice. The fact that the (...) concept of date rape has been widely used for at least three decades indicates the intractability of hermeneutical injustices of this sort and the challenges with its overcoming. (shrink)

This paper shows how the mythology surrounding rape enters into a criterion of reasonableness which operates through the legal system to make women vulnerable to unscrupulous victimization. It explores the possibility for changes in legal procedures and presumptions that would better serve women's interests and leave them less vulnerable to sexual violence. This requires that we reformulate the criterion of consent in terms of what is reasonable from a woman's point of view.

This article argues that rape myths and domestic abuse myths constitute hermeneutical injustices. Drawing on empirical research, I show that the prevalence of these myths makes victims of rape and of domestic abuse less likely to apply those terms to their experiences. Using Sally Haslanger's distinction between manifest and operative concepts, I argue that in these cases, myths mean that victims hold a problematic operative concept, or working understanding, which prevents them from identifying their experience as one of (...) rape or of domestic abuse. Since victims in this situation lack the conceptual resources needed to render their experience sufficiently intelligible, they are suffering a form of hermeneutical injustice. Attending to this distinctive case sheds new light not only on the functioning of social myths of this kind but on the nature of hermeneutical injustice itself, since the case of the victim who accepts myths is importantly different from other cases of hermeneutical injustice discussed in the literature to date. In practical terms, this analysis supports calls for juries in rape trials to be warned about rape myths at the start of the trial, and may have implications for calls for statutory Sex and Relationships Education in schools. (shrink)

This paper addresses the question of whether rape-law reform should treat all cases of simple rape—nonconsensual sex that does not involve the use or credible threat of physical force—as a serious crime. Of primary concern here are those sexual interactions, often referred to as “date rape” or “acquaintance rape,” where the coercive element is not physical force as evidenced by reasonable resistance. Should, as some feminist reformers have urged, felony rape include sexual interactions that (...) may not be fully consensual but do not include the use of physical force? If so, can convincing answers be provided for due process questions about what constitutes valid consent to sex and how to tell when it is present. This paper warns of the difficulties in determining what counts as evidence of nonconsent and mens rea in light of the “linkage thesis” which takes valid consent in these cases to be bilateral and interactive, and to imply the absence of mens rea. Given the complexity of norms governing these sexual interactions and the high likelihood of reasonable mistakes about consent, this paper contends that criminalizing these cases of simple rape will often result in the unjust treatment of the relevant parties. (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)

Philosophers have identified the harm involved in stranger rape in various ways. This article reviews these with a view to making sense of surveys on date and acquaintance rape and minor sexual assaults: how much should these be bracketed with stranger rape as a major and traumatic violation? Or are some of these incidents closer to bad manners? It concludes that rape is a violation of autonomy that should be condemned because of the extreme unhappiness (...) caused to the victim. It is argued that this criterion can be used to make sense of lesser sexual assaults whereas some of the other criteria philosophers have used to condemn rape tend to bifurcate sexual experiences into acceptable on the one hand and seriously traumatic on the other, with little space in between. (shrink)

United States law and culture have yet to find a constructive and fair way to talk about rape, especially in “non-paradigmatic” rape cases like acquaintance or date rape. Particularly on college campuses, acquaintance rape is an ongoing, severe problem. Leading legal minds disagree sharply on how to address it. In part, this polarizing debate stems from our collective inability to free our language of the myths and stock stories that plague the subject of rape. (...) No court case better exemplifies the problem than the notorious decision of the Pennsylvania Supreme Court in Commonwealth v. Berkowitz, one of the most widely taught rape cases in the United States. In his empirical study of attitudes on rape, Professor Dan Kahan used the Berkowitz facts in part because they are such an iconic representation of some of the more difficult and troubling issues surrounding acquaintance rape. In that study, Kahan concluded that whether people perceive a story as describing “rape” depends primarily on cultural cognition, meaning the cultural group to which the reader of the story belongs. The text and substance of the law’s definition of rape mattered little. Kahan concluded that if we wish to change outcomes in rape cases, the cultural understandings of rape, more than the law, must change. This essay takes Kahan’s conclusion that cultural understanding is the primary driver of rape outcomes and asks the question: from where does that cultural understanding come? In no small part, this essay argues, those cultural beliefs come from the law, particularly from legal narratives. The facts of judicial opinions reflect the judges’ cultural understanding of rape and then that cultural understanding becomes what rape is (and isn’t). That image of rape then powerfully influences cultural understanding within and outside of law. It is a recursive process by which legal narratives create and reinforce cultural understanding which then itself creates and reinforces legal narratives and so on in an endless loop. In this way, law is neither irrelevant nor innocent in the outcome of rape cases. It is just exerting its influence, often imperceptibly, through rhetoric. (shrink)

The potential negative impact of sexualized video games on attitudes toward women is an important issue. Studies that have examined this issue are rare and contain a number of limitations. Therefore, it largely remains unclear whether sexualized video games can have an impact on attitudes toward women. This study examined the consequences of sexualized video game content and cognitive load on rape victim blame and rape perpetrator blame, and whether the degree of humanness of the victim and of (...) the perpetrator mediated these effects. Participants played a video game using sexualized or non-sexualized female characters. Cognitive load was manipulated by setting the difficulty level of the game to low or high. After gameplay, participants read a rape date story, and were then asked to judge the victim’s and the perpetrator’s degree of responsibility and humanness. Based on the General Aggression Model, it was hypothesized that playing the video game with a sexualized content would increase the responsibility assigned to the victim and diminish the responsibility assigned to the perpetrator. Further, degree of humanness of the victim and the perpetrator was expected to mediate this relation. The results were partially consistent with these predictions: Playing a video game containing sexualized female characters increased rape victim blame when cognitive load was high, but did not predict degree of humanness accorded to the victim. Concerning the perpetrator, video game sexualization did not influence responsibility, but partly influenced humanness. This study concludes that video games impact on attitudes toward women and this, in part, due to its interactive nature. (shrink)

The human species' adaptive advantage is driven by its ability to build new material structures and artefacts. Engineering is the modern manifestation of this building instinct, and its advent has made the construction and use of technologies the central pattern of human life. In parallel, efficiency, the overarching narrative driving technology and related life practices, has pervaded most occupations as a value, forming a cultural backdrop that implicitly guides decisions and behaviour. We examine the process through which this backdrop has (...) developed, and argue that it emerged through the constant presence and use of built artefacts and structures, which function as manifestations of the engineering value of efficiency. The constant presence and use of built structures leads to the slow percolation of their building values into society, forming a cultural narrative that emphasises efficiency. This narrative then feeds back, to further reinforce efficiency-driven engineering processes. This loop creates a runaway building system that is highly resistant to change, even when faced with the prospect of the species going extinct. Any effort towards sustainability can be successful only when this all-pervading - and hence invisible - building loop is made explicit, and compensated for, through a counter-loop where building manifests sustainable engineering values. As a first step in revealing this structure, we characterise the emergence of the efficiency value as a cultural narrative, and analyse its wide-ranging environmental effects. We then present the design principle of 'Solving for Pattern' (SfP) as an illustrative contrast case. SfP, first articulated by Wendell Berry, focuses on interconnectedness and flourishing of all species as central design principles. We argue that these ecological principles can be extended to engineering, and can thus support the development of a robust operational-level building movement that manifests value systems oriented towards sustainability. To ground this proposal in actual practice, we outline two case studies of technology design that illustrates SfP. We also discuss three cases that illustrate SfP at a larger scale, and examine how these extend existing design approaches such as systems engineering. We conclude with a proposal to include SfP in engineering education curricula, to facilitate a faster cultural shift towards flourishing, which is required given the limited time window available to move to sustainable building practices. (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)

An analytic investigation of Antioch's "Sexual Offense Policy.".

This book's thirty essays explore philosophically the nature and morality of sexual perversion, cybersex, masturbation, homosexuality, contraception, same-sex marriage, promiscuity, pedophilia, date rape, sexual objectification, teacher-student relationships, pornography, and prostitution. Authors include Martha Nussbaum, Thomas Nagel, Alan Goldman, John Finnis, Sallie Tisdale, Robin West, Alan Wertheimer, John Corvino, Cheshire Calhoun, Jerome Neu, and Alan Soble, among others. A valuable resource for sex researchers as well as undergraduate courses in the philosophy of sex.

Rape and sexual assault are major problems. In the majority of sexual assault cases consent is the central issue. Consent is, to borrow a phrase, the ‘moral magic’ that converts an impermissible act into a permissible one. In recent years, a handful of companies have tried to launch consent apps which aim to educate young people about the nature of sexual consent and allow them to record signals of consent for future verification. Although ostensibly aimed at addressing the problems (...) of rape and sexual assault on university campuses, these apps have attracted a number of critics. In this paper, I subject the phenomenon of consent apps to philosophical scrutiny. I argue that the consent apps that have been launched to date are unhelpful because they fail to address the landscape of ethical and epistemic problems that arise in the typical rape or sexual assault case: they produce distorted and decontextualised records of consent which may in turn exacerbate the other problems associated with rape and sexual assault. Furthermore, because of the tradeoffs involved, it is unlikely that app-based technologies could ever be created that would significantly address the problems of rape and sexual assault. (shrink)

Collected and edited by Noah Levin -/- Table of Contents: -/- UNIT ONE: INTRODUCTION TO CONTEMPORARY ETHICS: TECHNOLOGY, AFFIRMATIVE ACTION, AND IMMIGRATION 1 The “Trolley Problem” and Self-Driving Cars: Your Car’s Moral Settings (Noah Levin) 2 What is Ethics and What Makes Something a Problem for Morality? (David Svolba) 3 Letter from the Birmingham City Jail (Martin Luther King, Jr) 4 A Defense of Affirmative Action (Noah Levin) 5 The Moral Issues of Immigration (B.M. Wooldridge) 6 The Ethics of our (...) Digital Selves (Noah Levin) -/- UNIT TWO: TORTURE, DEATH, AND THE “GREATER GOOD” 7 The Ethics of Torture (Martine Berenpas) 8 What Moral Obligations do we have (or not have) to Impoverished Peoples? (B.M. Wooldridge) 9 Euthanasia, or Mercy Killing (Nathan Nobis) 10 An Argument Against Capital Punishment (Noah Levin) 11 Common Arguments about Abortion (Nathan Nobis & Kristina Grob) 12 Better (Philosophical) Arguments about Abortion (Nathan Nobis & Kristina Grob) -/- UNIT THREE: PERSONS, AUTONOMY, THE ENVIRONMENT, AND RIGHTS 13 Animal Rights (Eduardo Salazar) 14 John Rawls and the “Veil of Ignorance” (Ben Davies) 15 Environmental Ethics: Climate Change (Jonathan Spelman) 16 Rape, Date Rape, and the “Affirmative Consent” Law in California (Noah Levin) 17 The Ethics of Pornography: Deliberating on a Modern Harm (Eduardo Salazar) 18 The Social Contract (Thomas Hobbes) -/- UNIT FOUR: HAPPINESS 19 Is Pleasure all that Matters? Thoughts on the “Experience Machine” (Prabhpal Singh) 20 Utilitarianism (J.S. Mill) 21 Utilitarianism: Pros and Cons (B.M. Wooldridge) 22 Existentialism, Genetic Engineering, and the Meaning of Life: The Fifths (Noah Levin) 23 The Solitude of the Self (Elizabeth Cady Stanton) 24 Game Theory, the Nash Equilibrium, and the Prisoner’s Dilemma (Douglas E. Hill) -/- UNIT FIVE: RELIGION, LAW, AND ABSOLUTE MORALITY 25 The Myth of Gyges and The Crito (Plato) 26 God, Morality, and Religion (Kristin Seemuth Whaley) 27 The Categorical Imperative (Immanuel Kant) 28 The Virtues (Aristotle) 29 Beyond Good and Evil (Friedrich Nietzsche) 30 Other Moral Theories: Subjectivism, Relativism, Emotivism, Intuitionism, etc. (Jan F. Jacko). (shrink)

We thank Carrie Jenkins and Neil Levy for their thoughtful comments on our article about love and addiction. Although we do not have room for a comprehensive reply, we will touch on a few main issues.Jenkins points out, correctly in our view, that the word ‘addiction’ can trigger “connotations of reduced autonomy.” It may therefore be used, she argues, to “excuse” violent or otherwise harmful behaviors—disproportionately carried out by men—within the context of romantic relationships. Debates about love addiction, therefore, “are (...) best addressed with an eye to the more general issue of how we as a society apportion responsibility for things like date rape and intimate partner violence” (Jenkins... (shrink)

Easy to understand philosophy papers in all areas. Table of contents: Three Short Philosophy Papers on Human Freedom The Paradox of Religions Institutions Different Perspectives on Religious Belief: O’Reilly v. Dawkins. v. James v. Clifford Schopenhauer on Suicide Schopenhauer’s Fractal Conception of Reality Theodore Roszak’s Views on Bicameral Consciousness Philosophy Exam Questions and Answers Locke, Aristotle and Kant on Virtue Logic Lecture for Erika Kant’s Ethics Van Cleve on Epistemic Circularity Plato’s Theory of Forms Can we trust our senses? Yes (...) we can Descartes on What He Believes Himself to Be The Role of Values in Science Modern Science Kant’s Moral Philosophy Plato’s Republic as Pol Potist Bureaucracy Schopenhauer on Human Suffering Bertrand Russell on the Value of Philosophy The Philosophical Value of Uncertainty Logic Homework: Theorems and Models Searle vs. Turing on the Imitation Game Hume, Frankfurt, and Holbach on Personal Freedom Manifesto of the University of Wisconsin, Madison Secular Society Michael’s Analysis of the Limits of Civil Protections Bentham and Mill on Different Types of Pleasure Set Theory Homework Aristotle on Virtue Nagel On the Hard Problem Wittgenstein on Language and Thought Camus and Schopenhauer on the Meaning of Life Camus’ Hero as Rebel without a Cause My Little Finger: Camus’ Absurdism Illustrated Are Late-term Abortions Ethical? Does Mathematics Assume the Truth of Platonism? The Self-defeating Nature of Utilitarianism and Consequentialism Generally What is The Good Life? Bentham and Mill regarding types of pleasures Kant’s Moral Philosophy Five Short Papers on Mind-body Dualism Tracy Latimer’s Father had the Right to Kill Her: Towards a doctrine of generalized self-defense Arguments Concerning God and Morality Goldman, Rousseau and von Hayek on the Ideal State J.S Mill on Liberty and Personal Freedom A Kantian Analysis of a Borderline Date-rape Situation Living Well as Flourishing: Aristotle’s Conception of the Good Life Three Essays on Medical Ethics: Answers to Exam Questions on Elective Amputation, Vaccination, and Informed Consent Hobbes, Marx, Rousseau, Nietzsche: Their Central Themes De Tocqueville on Egoism Mill vs. Hobbes on Liberty Exam-Essays on the Moral Systems of Mill, Bentham, and Kant Kant’s Moral System Aristotle on Virtue Plato’s Cave Allegory An Ethical Quandary Superorganisms The Tuskegee Experiment A Rawlsian Analysis Why Moore’s Proof of an External World Fails A Defense of Nagel’s Argument Against Materialism A Utilitarian Analysis of a Case of Theft The Paradox of the Self-aware Wretch: An Analysis of Pascal’s Moral Philosophy Jean-Paul Sartre: Decline and Fall of a Marxist Sell-out A One Page Proof of Plato’s Theory of Forms Plato’s Republic as Pol Potist Bureaucracy The problem of the one and the many Four Short Essays on Truth and Knowledge What is ‘the Good Life?’ The Ontological Argument Different Political Philosophies: Plato, Locke, Madison, Rousseau, Hayek, and Mill on the State What do I know with certainty? Skepticism about skepticism Neuroscience and Freewill Operant Conditioning What makes us special? Are Late-term Abortions Ethical? No Two Papers on Epistemology: Gettier and Bostrom Examination Nietzsche on Punishment God’s Foreknowledge and Moral Responsibility . (shrink)

This book's thirty essays explore philosophically the nature and morality of sexual perversion, cybersex, masturbation, homosexuality, contraception, same-sex marriage, promiscuity, pedophilia, date rape, sexual objectification, teacher-student relationships, pornography, and prostitution. Authors include Martha Nussbaum, Thomas Nagel, Alan Goldman, John Finnis, Sallie Tisdale, Robin West, Alan Wertheimer, John Corvino, Cheshire Calhoun, Jerome Neu, and Alan Soble, among others. A valuable resource for sex researchers as well as undergraduate courses in the philosophy of sex.

Philosopher Christina Hoff Sommers's target inWho Stole Feminism? How Women Have Betrayed Womenis “gender feminism.” Her aim is to convince us that gender feminists are anti-intellectual opportunists who deliberately spread lies about the incidence of date rape (chap. 10), domestic battery (Preface, chap. 9) and about the general state of male-female relations in America (chaps. 1, 9 and 11), thereby generating fear and resentment of men (chap. 2), all so that they may secure vast amounts of government funding (...) and high-paying jobs in the academy (chaps. 4, 5 and 6). Because gender feminists are condescending to and contemptuous of the “average woman,” they lack a grass-roots constituency (p. 22). Nonetheless, they are powerful enough to be feared. Gender feminists have managed to dupe the U.S. Congress (chap. 8), and an otherwise sceptical press literally eats out of their hands (p. 15). Gender feminism is also a leading cause of the weakening of the American university (p. 52), and has “made the American campus a less happy place” (p. 112). (shrink)

Available for the first time in English, this is the definitive account of the practice of sexual slavery the Japanese military perpetrated during World War II by the researcher principally responsible for exposing the Japanese government's responsibility for these atrocities. The large scale imprisonment and rape of thousands of women, who were euphemistically called "comfort women" by the Japanese military, first seized public attention in 1991 when three Korean women filed suit in a Toyko District Court stating that they (...) had been forced into sexual servitude and demanding compensation. Since then the comfort stations and their significance have been the subject of ongoing debate and intense activism in Japan, much if it inspired by Yoshimi's investigations. How large a role did the military, and by extension the government, play in setting up and administering these camps? What type of compensation, if any, are the victimized women due? These issues figure prominently in the current Japanese focus on public memory and arguments about the teaching and writing of history and are central to efforts to transform Japanese ways of remembering the war. Yoshimi Yoshiaki provides a wealth of documentation and testimony to prove the existence of some 2,000 centers where as many as 200,000 Korean, Filipina, Taiwanese, Indonesian, Burmese, Dutch, Australian, and some Japanese women were restrained for months and forced to engage in sexual activity with Japanese military personnel. Many of the women were teenagers, some as young as fourteen. To date, the Japanese government has neither admitted responsibility for creating the comfort station system nor given compensation directly to former comfort women. This English edition updates the Japanese edition originally published in 1995 and includes introductions by both the author and the translator placing the story in context for American readers. (shrink)

The essays gathered here demonstrate and justify the excitement and promise of cognitive historicism, providing a lively introduction to this new and quickly growing area of literary studies. Written by eight leading critics whose work has done much to establish the new field, they display the significant results of a largely unprecedented combination of cultural and cognitive analysis. The authors explore both narrative and dramatic genres, uncovering the tensions among presumably universal cognitive processes, and the local contexts within which complex (...) literary texts are produced. Alan Richardson's opening essay evaluates current approaches to the study of literature and cognition, locating them on the map of recent literary studies, indicating their most compelling developments to date, and suggesting the most promising future directions. The seven essays that follow provide innovative readings of topics ranging from Shakespeare (Othello, Macbeth, Cymbeline, The Rape of Lucrece) through Samuel Richardson's Clarissa, to contemporary authors Ian McEwan and Gilbert Sorrentino. They underscore some of the limitations of new historicist and post-structuralist approaches to literary cultural studies while affirming the value of supplementing rather than supplanting them with insights and methods drawn from cognitive and evolutionary theory. Together, they demonstrate the analytical power of considering these texts in the context of recent studies of cultural universals, 'theory of mind, ' cognitive categorization and genre, and neural-materialist theories of language and consciousness. This groundbreaking collection holds appeal for a broad audience, including students and teachers of literary theory, literary history, cultural studies, and literature and science studies. (shrink)

The morality of virtual representations and the enactment of prohibited activities within single-player gamespace (e.g., murder, rape, paedophilia) continues to be debated and, to date, a consensus is not forthcoming. Various moral arguments have been presented (e.g., virtue theory and utilitarianism) to support the moral prohibition of virtual enactments, but their applicability to gamespace is questioned. In this paper, I adopt a meta-ethical approach to moral utterances about virtual representations, and ask what it means when one declares that (...) a virtual interaction ‘is morally wrong’. In response, I present constructive ecumenical expressivism to (i) explain what moral utterances should be taken to mean, (ii) argue that they mean the same when referring to virtual and non-virtual interactions and (iii), given (ii), explain why consensus with regard to virtual murder, rape and paedophilia is not forthcoming even though such consensus is readily found with regard to their non-virtual equivalents. (shrink)

Black males have been characterized as violent, misogynist, predatory rapists by gender theorists dating back to mid-nineteenth–century ethnologists to contemporary intersectional feminists. These caricatures of Black men and boys are not rooted in any actual studies or empirical findings, but the stereotypes found throughout various racist social scientific literatures that held Black males to be effeminate while nonetheless hyper-masculine and delinquent. This paper argues that contemporary gender theories not only deny the peculiar sexual oppression of racialized outgroup males under patriarchy, (...) but theories like intersectional invisibility actually perpetuates the idea that racialized males are disposable. To remedy the imperceptibility of sexual oppression and violence under the male category, the author gives an historical account of the development of racist (anti-Black) misandry throughout the centuries and proposes a theory of phallicism to describe the seemingly contradictory constructions of Black men as sexually predatory as in the case of the rapist, but nonetheless sexually vulnerable and raped under patriarchy. (shrink)

Available for the first time in English, this is the definitive account of the practice of sexual slavery the Japanese military perpetrated during World War II by the researcher principally responsible for exposing the Japanese government's responsibility for these atrocities. The large scale imprisonment and rape of thousands of women, who were euphemistically called "comfort women" by the Japanese military, first seized public attention in 1991 when three Korean women filed suit in a Toyko District Court stating that they (...) had been forced into sexual servitude and demanding compensation. Since then the comfort stations and their significance have been the subject of ongoing debate and intense activism in Japan, much if it inspired by Yoshimi's investigations. How large a role did the military, and by extension the government, play in setting up and administering these camps? What type of compensation, if any, are the victimized women due? These issues figure prominently in the current Japanese focus on public memory and arguments about the teaching and writing of history and are central to efforts to transform Japanese ways of remembering the war. Yoshimi Yoshiaki provides a wealth of documentation and testimony to prove the existence of some 2,000 centers where as many as 200,000 Korean, Filipina, Taiwanese, Indonesian, Burmese, Dutch, Australian, and some Japanese women were restrained for months and forced to engage in sexual activity with Japanese military personnel. Many of the women were teenagers, some as young as fourteen. To date, the Japanese government has neither admitted responsibility for creating the comfort station system nor given compensation directly to former comfort women. This English edition updates the Japanese edition originally published in 1995 and includes introductions by both the author and the translator placing the story in context for American readers. (shrink)

In July 2019, Stella Creasy MP and her team succeeded in attaching an amendment to a largely administrative bill which would require the UK government to liberalise abortion laws in Northern Ireland by 21 October 2019, provided the Northern Ireland government does not resume before that date.1 The amendment succeeded in the Commons, 332 votes to 99 and later, with some adjustments, in the Lords, 182 votes to 37. The Bill received Royal Assent on 24 July 2019. In Northern (...) Ireland, abortion remains a criminal offence punishable by up to life imprisonment in all except exceptional circumstances, that is, where it is ‘necessary to preserve the life of the woman’ or where there is a ‘risk of serious adverse effect which is either long term or permanent’.2 The law makes no provision for women who are pregnant as a result of rape, incest or in the case of fatal fetal abnormality. Because there is a lack of clarity around which circumstances or conditions would have a sufficiently ‘serious and long-term adverse effect’, it has been argued that the law has had a ‘chilling effect’ on service provision.3 As a result, only 13 abortions were performed in Northern Ireland in 2018/2019.4 Instead, more than 1000 women travelled from Northern Ireland to England to access legal abortion services.5 A recent review of the law in Northern Ireland concluded that this situation disadvantages women who cannot afford to or are unable to travel.3 Women are also reportedly purchasing abortifacients unlawfully online, exposing them to the risk of prosecution as well as to risks where the pills are unsafe or lead to complications. Creasey’s amendment requires the Secretary of State for …. (shrink)

Does feminism give a much-needed voice to women in a patriarchal world? Or is the world not really patriarchal? Has feminism begun to level the playing field in a world in which women are more often paid less at work and abused at home? Or are women paid equally for the same work and not abused more at home? Does feminism support equality in education and in the military, or does it discriminate against men by ignoring such issues as male-only (...) draft registration and boys lagging behind in school? The only book of its kind, this volume offers a sharp, lively, and provocative debate on the impact of feminism on men. Warren Farrell--an international best-selling author and leader in both the early women's and current men's movements--praises feminism for opening options for women but criticizes it for demonizing men, distorting data, and undervaluing the family. In response, James P. Sterba--an acclaimed philosopher and ardent advocate of feminism--maintains that the feminist movement gives a long-neglected voice to women in a male-dominated world and that men are not an oppressed gender in today's America. Their wide-ranging debate covers personal issues, from love, sex, dating, and rape to domestic violence, divorce, and child custody. Farrell and Sterba also look through their contrasting lenses at systemic issues, from the school system to the criminal justice system; from the media to the military; and from health care to the workplace. A perfect book to get students thinking and debating, Does Feminism Discriminate Against Men? A Debate is ideal for courses in gender studies, sociology, psychology, economics, feminist philosophy, and contemporary moral issues. It is also compelling reading for anyone interested in the future of men and women. (shrink)

La transcription, la traduction et l’étude du libelle d’un petit procès daté de 1435 extrait d’un registre judiciaire (liber maleficiorum) de Bologne permet de comparer les abus sexuels perpétrés par des hommes à l’encontre des filles et des garçons. Pour exprimer une agression sexuelle sur une petite fille, on emploie les mêmes mots que ceux qui servent à désigner le viol d’une femme. Pour décrire la violence commise sur un garçon, on use du vocabulaire de la sodomie. Ce constat permet (...) de montrer qu’à la fin du Moyen Âge, c’est bien la pénétration qui crée l’acte sexuel et que ce que les textes désignent par “vice sodomite” peut souvent avoir le sens moderne de “pédophilie” vis-à-vis des garçons. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:738 Feminist Studies 42, no. 3. © 2016 by Feminist Studies, Inc. Hannah Baker Saltmarsh Notice When I read people’s necks, waiting on the same wheels: make out the names, Rabbit, Omar, Tiny, Mark, Deedy, Soulja, like characters on a new Netflix series that uses people’s real names; or say, trace up to the teardrop on the cheek, either you murdered someone or was someone’s little b in prison (...) (the difference as slight as pushing on the door bell or tapping the door knocker); or stray to the stains on the forearm, hand, calf. Above his stab wounds in all caps: LAUGH NOW and SILENT; beneath the life-saving laser’s scar, FUCK THE WORLD. The skulls, keys, infringed-upon peacock, grim reaper, the crescent city, fire: am I really to identify the latest sex offender, crimes expired for a decade now like a plastic rack of eggs in the bachelor’s trash, by his tattoos listed on this postcard notice, mass-mailed to the surrounding neighborhoods, and angrily shredded by mothers who wouldn’t let near their child a grown man with a kite? The last time you saw a man at a bar with some woman’s name across his neck like an exaggerated noose a diamond can’t touch, you wondered how he hits on other women. If you Google your friend’s date, some pictures check out with his baseball stats. Or your other friend, Googling her landlord, sees he was arrested at a protest, the tousled, enlightened 36-hour criminal who ends up in a Michael Moore movie, and becomes her lover without end, buying her black Prada sheath dresses and a holster of antique cream Hannah Baker Saltmarsh 739 and vintage pink carnations. Every new man in anyone’s life you know makes you paranoid of dirt: even the pages not found become suspicious in your paranoia: Humvees shot to fossils by Sahara sands. What if the postcard notice had a face you knew, a man you actually knew before his mugshot.com photo op, before the teardrop tat? Him and his puppet-friend, purple, called Homer, who said Do good and share, but don’t share your underwear, showing up in the mail. Are the allegations true: the church retreat, the elementary-class sleepover, the partner in the frazzled chicken costume, the puppet as witness, gang-raping the girl with plastic teal jewelry who then peed herself? I weep, reading the file, thinking of the older girl being returned to her sleeping bag beside all of ours. We didn’t know she went anywhere but the bathroom. When the news breaks, my mother and I have the same nightmare about the underwear song. My parents remembered he liked plain M&M’s, not peanut. He told us after years of buying the wrong ones. And I felt so bad we got the wrong ones. How could we get it wrong? I can’t Google my way to knowing, or ask his wife at Starbucks, but every notice reminds me of the IZOD alligators he tickled on boys’ shirts. So ill now, and confused, what would he even say for himself, and who would care longer than the blurb’s echo? All you can do is wait for the late bus. Two hours late, the usual, and we’re still jammed into the covered bench. A goose, built like a hanger, born in the gated university’s pond, shot out so far as the university bus stop, body just out of the sheltered wait, as if anxious to start somewhere. 740 Hannah Baker Saltmarsh Index of Jobs for Women I would have been a confectioner, not Shakespeare’s sister, whirring a dozen egg whites into soft collapsible peaks for baked rice pudding with black-blue currants, stirring yeasty sourdough starter a few times a day until it ferments vigorously, quicker in summer: a week to evolve. I would have tried to find a way to the youngest Saltmarsh who lives by the brackish waters, tall sea grasses, canals by crocodiles, and sedges with their edges, whose heart is bigger than his head, whose narrow bikeway of a torso might have said, on the last... (shrink)

Why, despite well-established and well-publicized intergovernmental processes that date back to the early 1970s, have we been unable to put in place effective mechanisms to combat climate change? Why, despite the existence of extensive global human rights machinery, do we live in a world where mass kidnapping, rape, torture, and murder continue to blight the lives of so many? Why, despite a great deal of effort on the part of intergovernmental organizations and nonstate actors, have we been unable (...) to make much of a difference to the lives of the ultra-poor and attenuate the very worst aspects of growing global inequalities? Most fundamentally, why have the current international system and the outcomes that it has produced remained so inadequate in the postwar period? (shrink)

La transcription, la traduction et l’étude du libelle d’un petit procès daté de 1435 extrait d’un registre judiciaire (liber maleficiorum) de Bologne permet de comparer les abus sexuels perpétrés par des hommes à l’encontre des filles et des garçons. Pour exprimer une agression sexuelle sur une petite fille, on emploie les mêmes mots que ceux qui servent à désigner le viol d’une femme. Pour décrire la violence commise sur un garçon, on use du vocabulaire de la sodomie. Ce constat permet (...) de montrer qu’à la fin du Moyen Âge, c’est bien la pénétration qui crée l’acte sexuel et que ce que les textes désignent par “vice sodomite” peut souvent avoir le sens moderne de “pédophilie” vis-à-vis des garçons. (shrink)

Violence against women is a global stigma. At least two conditionsstirred the global community: Malala Yousafzai who took a bullet in 2012 andwho advocate girl’s education to date, and the 2014 reported kidnap of 300Nigerian girls by Boko Haram. There are oppressive stereotypes of women.Violence can come in different forms. These can come as verbal abuse, intimatepartners violence, non-intimate partner violence, trafficking, forced prostitution,exploitation of labor, debt bondage, physical and sexual violence, sex selectiveabortion, female infanticide and femicide, deliberate neglect (...) and girl’s education,rape in war, dowry murder, pornography, dating violence, female genitalmutilation/circumcision, and acid attack. With the aid of Hermeneutics, therich allusions and strong Feminist voices that exhume the elements of VAW areinherent characteristics of the Cebuano-Visayan Feminist poetry. The poemsconvince women to reclaim femininity, regain self-worth, challenge patriarchy,defy social prescriptions and conventions for women’s behavior. The four selectedCebuano-Visayan poetry with sound Feminist voices are support systems forwomen. Further studies on VAW in Cebuano-Visayan poetry are recommended. Keywords: Hermeneutics, poetry, Violence Against Women , descriptive research,Cebuano-Visayan language, Philippines. (shrink)

In 1992, the United States Supreme Court, in Planned Parenthood of Southeastern Pennsylvania v. Casey, upheld the ruling in Roe v. Wade, namely that women have a right “to choose to have an abortion before viability and to obtain it without undue interference from the State.”1 However, since this ruling, some states have imposed regulations that greatly limit this right by restricting access. Texas is a recent example of this. Two proposed restrictions in House Bill 2, which will be discussed (...) in detail below, will force all but eight clinics that are located in metropolitan areas to shut down. The U.S. Supreme Court put the proposed restrictions on hold in October 2014, allowing several clinics to remain open while the restrictions are being appealed in the U.S. Court of Appeals for the Fifth Circuit. If the restrictions are passed, however, those clinics will be forced to shut down and, as a result, many women in Texas will be required to travel more than 100 miles in order to access a safe and legal abortion. Much of the focus of these restrictions has been on women and rightly so. However, I want to turn the attention to physicians. The requirements exacerbate unfair treatment of abortion providers compared with other physicians. Abortion providers face threats from the public—some of which turn into violent attacks—and they are often ostracized by their fellow medical practitioners. There are so few abortion providers to begin with and the proposed requirements limit these physicians’ opportunities to practice the branch of medicine of their choosing. Although the HB 2 requirements may not result in an unconstitutional undue burden on physicians, the challenges created by the bill limit physicians’ abilities to provide abortions. As a result of these limits, HB 2 creates an unconstitutional undue burden for women seeking abortions by creating barriers directed at abortion providers and clinic staff who are willing and able to provide abortions. The first of the two controversial HB 2 requirements is the admitting privileges requirement: “A physician performing or inducing an abortion must, on the date the abortion is performed or induced, have active admitting privileges at a hospital that is located not further than 30 miles from the location at which the abortion is performed or induced.”2 The second requirement is the ambulatory surgical center requirement: “The minimum standards for an abortion facility must be equivalent to the minimum standards adopted under [Texas Health & Safety Code] [...] for ambulatory surgical centres.”3 In order to meet these state-mandated obligations, some abortion clinics would have to spend more than $1 million in upgrades if they wish to remain open. The District Court decided that the ambulatory surgical center requirement places an unconstitutional undue burden on women, and that the two requirements together place an undue burden on women in Texas and especially in the Rio Grande Valley where the nearest clinic is a couple hundred miles away.4 Later, the U.S. Court of Appeals for the Fifth Circuit reversed the District Court’s decision and argued, “the admitting privileges requirement is constitutional on its face.”5 While the regulations are being appealed, the Supreme Court granted a stay of injunction, allowing about twelve abortion clinics to reopen until a final decision regarding the regulations is made. The District Court ruled that the purpose of the two regulations was to create a substantial obstacle for women seeking abortions in Texas. While the defendants argued that the regulations were designed to make abortions safer and reduce risk, the Court decided that this was not the case. An abortion, especially a first-term abortion, is a very safe procedure and is safer than many other routine surgical procedures. As stated in Planned Parenthood v. Casey, “Unnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion impose an undue burden on the right.”6 The undue burden in this case is imposed, not through restricting women’s access directly, but by restricting physicians’ freedom to perform abortions. The admitting privileges requirement has reduced the number of physicians who can perform abortions and the ambulatory surgical center requirement has reduced the number of clinics where abortions can be performed. The American Medical Association states, “[t]he Principles of Medical Ethics of the AMA do not prohibit a physician from performing an abortion in accordance with good medical practice and under circumstances that do not violate the law.”7 This means that physicians are not required to perform abortions, except in emergency situations, but can as long as the procedure is done safely and does not violate the law. The new Texas regulations, however, are so restrictive that few abortion providers, limited to only four urban areas, can legally perform abortions. Physicians do not have an absolute right to perform abortions as opposed to women who have an absolute right to have access to an abortion. Physicians do face many challenges that other professionals face in terms of obtaining qualifications and finding work. Abortion providers, however, face challenges that most other physicians do not. The restrictions imposed by these regulations exacerbate unfair treatment toward abortion providers and place further obstacles in their path in terms of providing the service they want and are qualified to provide. Both abortion clinics and abortion providers are being treated differently from other medical clinics and physicians. For instance, “grandfathering of existing facilities and the granting of waivers from specific requirements is prohibited for abortion providers, although other types of ambulatory surgical facilities are frequently granted waivers or are grandfathered.”8 Many abortion clinics cannot afford the necessary upgrades. Furthermore, it is extremely expensive to open a brand new clinic that complies with the ambulatory surgical center requirements. Being grandfathered in would be the only option available to abortion clinics that cannot afford the upgrade. However, unfair treatment of abortion clinics and providers is preventing those clinics from being grandfathered into the new system. As a result, many abortion clinics may be forced to close. Admitting privileges are proving difficult or impossible for physicians both to obtain and, for those who have already been granted privileges, to keep. Dr. Sherwood Lynn, an obstetrician-gynecologist who has performed abortions for decades, describes the process of obtaining admitting privileges and the difficulties abortion providers face. After sending in an application a physician must wait for the hospital to send them the required materials, “but if the address of the practice on the application is of an abortion provider or clinic, [the hospital] won’t send [them] the package of materials required. [They] simply can’t apply.”9 Dr. Lynn and several other physicians have surmised that hospitals are only withholding privileges from qualified physicians who perform abortions and that other physicians do not face this discriminatory treatment. Hospitals have also revoked privileges granted to physicians after learning that the physicians perform abortions. For instance, in Texas two doctors, “received notices [...] informing them that their admitting privileges to the University General Hospital of Dallas have been revoked, with the hospital’s CEO claiming the hospital was unaware they were providing abortion care and that the hospital believed such care would damage its reputation.”10 What is curious about this revocation is that, “federal and state laws [...] forbid hospitals from discriminating against doctors who perform abortions,” and yet hospitals are clearly doing just that.11 Dr. Pamela Richter, another abortion provider in Texas, had her temporary admitting privileges revoked with no explanation and because of this, the clinic where she performed abortions, Reproductive Services, can no longer provide abortions at all.12 As the hospital gave no reason for the revocation, it not clear Dr. Richter’s privileges were revoked because she performs abortions. Dr. Richter, however, has performed over 17,000 abortions and her privileges were revoked soon after HB 2 was introduced.13 According to the Texas Hospital Association, giving admitting privileges to doctors who do not work for the hospital is expensive and time-consuming but this does not account for the fact that hospitals are revoking previously granted privileges from physicians whom they learn are providing abortion services.14 As mentioned previously, the District Court found that the admitting privileges requirement and the ambulatory surgical center requirement do not further ensure the health and safety of women undergoing an abortion. Several physicians have testified to this fact. Dr. Lynn stated in an interview: The admitting privileges requirements are [...] absolutely unnecessary. If you have a number of patients waiting for procedures, and something happens and a patient needs to be transferred to a hospital, you’re not going to leave everyone else and go to the hospital. That makes no sense. You’re going to refer that person to a gynecologist at the hospital. There is no safety issue involved here. If a patient shows up with an emergency, every hospital is required to admit that patient. They have to by law.15 It is rare that complications will arise from an abortion performed in a clinic. Dr. Richter, for example, has performed more than 17,000 abortions and not once had to send a patient to a hospital because of complications resulting from the procedure. According to Dr. Lynn even if abortion providers were granted privileges to hospitals, it is unlikely that they will exercise them. In essence, having admitting privileges at a hospital does nothing to further ensure the safety of an already safe procedure. The only result of the admitting privileges requirement is to limit certain physicians’ ability to perform legal abortions. Not only do the HB 2 requirements fail to further ensure the health and safety of women, the HB 2 requirements may actually create more health risks to women who cannot access the eight remaining clinics. The first risk is that the remaining clinics would have an influx of patients that they may not be able to handle, forcing women to wait longer for an appointment. As stated by the District Court, “[e]ven assuming every woman in Texas who wants an abortion [...] could travel to one of the four metropolitan areas where abortions will still be available, the cumulative results of HB 2 are that, at most, eight providers would have to handle the abortion demand of the entire state.”16 Furthermore, “[t]hat the State suggests that these seven or eight providers could meet the demand of the entire state stretches credulity.”17 Abortion is a time sensitive procedure. It is safest when performed early in a pregnancy. The increase in patients to these remaining clinics, assuming all women in Texas can access them, will increase wait times and may force women to have abortions later in pregnancy. In the worst-case scenario, a woman would not see an abortion provider at all before viability. Such instances may be rare, but they are possible. In such cases, women’s access to legal abortions becomes impossible and thereby violate the ruling in Roe. Clinics may be able to avoid the aforementioned problems if they hire more physicians. However, there are two barriers to hiring more physicians. First, as mentioned previously, admitting privileges to Texas hospitals are difficult, if not impossible, for abortion providers to obtain. Second, given the negative treatment of abortion providers by anti-abortion groups, many physicians are not willing to perform abortions. The harassment abortion providers face is unique to those physicians and many physicians will not perform abortions for that reason. In an article published in the Austin Chronicle, anti- abortion activist Abby Johnson, “discusses how her group investigated appraisal district records to find the new location of where an Austin abortion physician plans to work.”18 Johnson states, “These abortionists are feeling the pressure from the pro-life movement in Texas. I think they feel like they’re on the run. And that’s how we want to keep it.”19 If the HB 2 requirements are passed and there remain at most eight abortion providers in Texas, these activists will concentrate on those clinics and, “the dangerous impact of their intimidation tactics will be exacerbated.”20 Even if the number of physicians needed to meet the demand in Texas can obtain admitting privileges and work at one of the remaining clinics, they may choose not to do such work because they are putting themselves at risk. The harm abortion providers face from such anti-abortion groups is not unique to Texas. There are stories from all over the country and from other countries where abortion is legal of physicians receiving death threats. Dr. George Tiller, an abortion provider in Kansas, was killed outside his church and had received numerous death threats prior to this. The HB 2 requirements are making it so that abortion providers either cannot provide their services any longer or will face increased threats and increased danger to themselves. Physicians are allowed to conscientiously object to providing medical interventions in certain circumstances for moral and religious reasons. However, there are limits on this right. According to the American Congress of Obstetricians and Gynecologists, “[w]hen conscientious refusals conflict with moral obligations that are central to the ethical practice of medicine, ethical care requires that the physician provide care despite reservations or that there be resources in place to allow the patient to gain access to care in the presence of conscientious refusal.”21 I would argue fear for one’s safety in the face of immediate threats is perhaps a stronger ground on which to refuse to provide care than a personal belief that abortion is immoral or against one’s religion. ACOG also states, “[p]roviders with moral or religious objections should either practice in proximity to individuals who do not share their views or ensure that referral processes are in place so that patients have access to the service that the physician does not wish to provide.”22 This responsibility has been largely disputed by the medical community but in cases of rape, incest, and health risks to women, referrals must be made without exception. However, under the requirements of HB 2, working in proximity to an abortion provider may not be possible because they are so geographically limited. Referrals are supposed to be made within reason. Some areas of Texas, such as the Rio Grande Valley, are up to 200 miles away from the nearest clinic that would remain open if HB 2 is passed. Referrals may simply not be feasible given the geographical distances and the decreasing number of available physicians. As mentioned above, there are two risks to the health and safety of women as a result of HB 2. The second of these is that if a woman cannot access one of the remaining clinics, she may seek out a more convenient but illegal and unsafe abortion, which is far more likely to result in a dangerous complication. Dr. Lynn states, “[b]ecause of the restrictions lawmakers impose, women will seek abortions illegally, and we’re going to see a rise in septic abortions.”23 Some areas of Texas might effectively revert back to a pre-Roe era where abortions were performed in unsanitary conditions by unqualified people resulting in dangerous medical complications far more often than legal abortion procedures do now. Physicians like Dr. Lynn who want to prevent this from happening generally cannot do so without facing legal sanction. Physicians have a duty to provide safe medical care and if they cannot obtain admitting privileges, they cannot exercise this duty. ACOG released a statement expressing their objections to the new requirements. They state that HB 2 is, “plainly intended to restrict the reproductive rights of women in Texas through a series of requirements that improperly regulate medical practice and interfere with the patient-physician relationship.”24 Executive Vice-President of ACOG, Hal C. Lawrence III stated: The Texas bills set a dangerous precedent of a legislature telling doctors how to practice medicine and how to care for individual patients. ACOG opposes legislative interference, and strongly believes that decisions about medical care must be based on scientific evidence and made by licensed medical professionals, not the state or federal government.25 Abortion is one of only a few areas of medicine where the legislature imposes so many regulations restricting particular physicians’ ability to practice medicine. Not only are abortions providers being regulated by the state, they are also facing clear discrimination from others within the medical community. The state is closing down clinics that do not meet the ambulatory surgical center requirements and hospitals are denying physicians admitting privileges because they perform abortions. In summary, abortion providers are being discriminated against both by the legislature and other members of the medical community. Other physicians who do not perform abortions are not denied admitting privileges on discriminatory grounds. Clinics that cannot afford upgrades to become an ambulatory surgical center are being grandfathered in, while abortion clinics are being forced to close down. Ob-Gyns who conscientiously object to performing abortions and who are not located in close proximity to at least one abortion provider cannot effectively fulfill their duty to refer patients. Lastly, given the barriers these regulations will create, there will likely be a rise in complications resulting from abortions provided under grossly unsafe conditions. Physicians, whose duty it is to provide safe and effective medical care, are being denied the right to exercise this duty. While this denial may not be unconstitutional, it is certainly unjust and discriminatory and creates obstacles that other physicians do not face. Most importantly, these obstacles are creating an undue burden for women. The HB 2 requirements do not increase the health and safety of abortions; all they do is create substantial obstacles for women. In light of these observations, the requirements seem to me to be in clear violation of Casey, in which it was decided that, “[u]nnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion impose an undue burden on that right.”26 These regulations do just what Casey was meant to prohibit and this is accomplished through limiting physicians’ ability to practice safe abortions across the state of Texas. Therefore, the HB 2 requirements may not impose an undue burden on doctors but they do impose an undue burden on women. PDF available: Rachel Hill, "Texas HB 2," Voices in Bioethics. References: 1 Planned Parenthood of Southeastern Pennsylvania v. Casey, pg. 2. 2 Whole Women’s Health v. Lakey, pg. 2. 3 Ibid. 4 Ibid., 4. 5 Ibid., 2. 6 Planned Parenthood v. Casey, pg. 16 7 AMA Code of Medical Ethics, “Opinion 2.01 – Abortion,” American Medical Association. 8 Whole Women’s Health v. Lakey, pg. 10. 9 Dr. Sherwood Lynn, “A Texas Ob-Gyn Details the Horrific Consequences of Abortion Restrictions,” Cosmopolitan. 10 Feminist Newswire, “Texas Hospitals Revoke Admitting Privileges to Abortion Providers,” Feminist Majority Foundation Blog. 11 Ibid. 12 Ibid. 13 Ibid. 14 Glenn Hegar, “Texas Hospital Association’s Statement of Opposition to Section 2 of the Committee Substitute for Senate Bill 5,” Texas Hospital Association. 15 Dr. Lynn, “A Texas Ob-Gyn.” 16 Whole Women’s Health v. Lakey, pg. 10. 17 Ibid. 18 Mary Tuma, “Undercover Audio Reveals Anti-Abortion Tactics: Anti-abortion activists monitor and track providers, patients,” Austin Chronicle. 19 Ibid. 20 Ibid. 21 Committee on Ethics, “The Limits of Conscientious Refusal in Reproductive Medicine,” The American Congress of Obstetricians and Gynecologists. 22 Ibid. 23 Dr. Lynn, “A Texas Ob-Gyn.” 24 “Ob-Gyns Denounce Texas Abortion Legislation: Senate Bill 1 and House Bill 2 Set Dangerous Precedent,” The American Congress of Obstetricians and Gynecologists. 25 Ibid. 26 Planned Parenthood v. Casey, pg. 16. (shrink)

Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same action and intention. While some argue (...) luck should not bear on persons’ culpability, Victor Kumar has argued that the tendency to hold unlucky agents responsible for harm is justified by consequentialist aims of punishment (Kumar 2019). In contrast, judgments that focus on acts and intentions may be primarily retributive. Kumar claims that judgments focused on results track external, public harm because this increases the reliability of punishment and better achieves instrumental aims, including deterrent effect. In this chapter I examine rape cases using Kumar’s theory of punishment. Rape involves outcomes that are not publicly available. If judgments of punishment depend on outcomes, then we would expect such judgments to be less stable for those instances of wrongdoing that lack public outcomes such as rape, because such judgments would rely instead on often biased and unreliable inferential processes to establish the presence of mental states, which are essentially private. In this way Kumar’s theory actually predicts the way in which we see criminal justice institutions fail with regard to arrest, prosecution, and punishment related to rape; and we might expect similar failures for other crimes that lack publicly available results. In sum, a fundamental problem with institutionalized punishment centered upon results may be that some crimes sit within a moral blindspot. (shrink)