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Legal Purgatory: Why Some Animals Are Neither Persons Nor Property, Sharisse Kanet 2021 The Graduate Center, City University of New York

Legal Purgatory: Why Some Animals Are Neither Persons Nor Property, Sharisse Kanet

Dissertations, Theses, and Capstone Projects

All animals with non-borderline sentience are deserving of certain legal considerations independent of their use and relationship to human beings. That is, all sentient beings should have some rights. Given the current organization of the U.S. legal system, which divides all entities into property or persons, it is not surprising that animals are relegated to property status. I put forth a proposal to fix this whose central suggestion is that we create a third legal designation, legal patient, into which all non-person sentient animals (those which do not properly belong on either current category) would fit. These animals would ...


Book Review On Marxism, China And Globalization (By Xu Changfu), Ian HUNT 2021 San Jose State University

Book Review On Marxism, China And Globalization (By Xu Changfu), Ian Hunt

Comparative Philosophy

No abstract provided.


Gaps: When Not Even Nothing Is There, Charles BLATTBERG 2021 San Jose State University

Gaps: When Not Even Nothing Is There, Charles Blattberg

Comparative Philosophy

A paradox, it is claimed, is a radical form of contradiction, one that produces gaps in meaning. In order to approach this idea, two senses of “separation” are distinguished: separation by something and separation by nothing. The latter does not refer to nothing in an ordinary sense, however, since in that sense what’s intended is actually less than nothing. Numerous ordinary nothings in philosophy as well as in other fields are surveyed so as to clarify the contrast. Then follows the suggestion that philosophies which one would expect to have room for paradoxes actually tend either to exclude them ...


In Defense Of Moral Credibility, Paul H. Robinson, Lindsay Holcomb 2021 University of Pennsylvania Carey Law School

In Defense Of Moral Credibility, Paul H. Robinson, Lindsay Holcomb

Faculty Scholarship at Penn Law

The criminal justice system’s reputation with the community can have a significant effect on the extent to which people are willing to comply with its demands and internalize its norms. In the context of criminal law, the empirical studies suggest that ordinary people expect the criminal justice system to do justice and avoid injustice, as they perceive it – what has been called “empirical desert” to distinguish it from the “deontological desert” of moral philosophers. The empirical studies and many real-world natural experiments suggest that a criminal justice system that regularly deviates from empirical desert loses moral credibility and thereby ...


Undemocratic Crimes, Paul H. Robinson, Jonathan C. Wilt 2021 University of Pennsylvania Carey Law School

Undemocratic Crimes, Paul H. Robinson, Jonathan C. Wilt

Faculty Scholarship at Penn Law

One might assume that in a working democracy the criminal law rules would reflect the community’s shared judgments regarding justice and punishment. This is especially true because social science research shows that lay people generally think about criminal liability and punishment in consistent ways: in terms of desert, doing justice and avoiding injustice. Moreover, there are compelling arguments for demanding consistency between community views and criminal law rules based upon the importance of democratic values, effective crime-control, and the deontological value of justice itself.

It may then come as a surprise, and a disappointment, that a wide range of ...


Toward A Feminist Ethics Of Nonviolence [Toc], Timothy J. Huzar, Clare Woodford 2021 Fordham University

Toward A Feminist Ethics Of Nonviolence [Toc], Timothy J. Huzar, Clare Woodford

Philosophy

Edited collection of original essays debating Adriana Cavarero’s feminist ethics of nonviolence. Including an original essay by Adriana Cavarero and responses from Judith Butler, Bonnie Honig, Olivia Guaraldo, Simona Forti, Christine Battersby, Lorenzo Bernini, Mark Devenney, Tim Huzar and Clare Woodford. Although inspired by Cavarero’s recent work on an ethical maternal posture of inclination the responses situate Cavarero’s argument in her wider corpus of nonviolence and uniqueness, that critiques and offers an alternative to the masculine symbolic of philosophy. This introduction endeavours to not only introduce Cavarero’s work, but to chart the journey of an increasingly ...


Care Working Conditions: The Ethics And Politics Of Social Reproductive Labor From Aristotle To Marxist Feminism, Andrew R. Van't Land 2021 University of Kentucky

Care Working Conditions: The Ethics And Politics Of Social Reproductive Labor From Aristotle To Marxist Feminism, Andrew R. Van't Land

Theses and Dissertations--Philosophy

The spectre of an inescapably divided working class has haunted every generation of marxist theorists, including the latest wave of marxist feminists engaged in the research programme known as Social Reproduction Theory (SRT). In this dissertation, I will explain how Marx’s clear theoretical debt to Aristotle extends into the marxist feminist analysis of social reproductive labor and of the exploitation, class interests, and normative demands which condition such care workers. I will demonstrate how SRT can follow Marx’s own example in reading Aristotle, critically yet charitably, in order to resolve three problems. First, Aristotle’s original concept of ...


Transatlantic Divisions In Methods Of Inquiry About Law: What It Means For International Law, John Linarelli 2021 Touro Law Center

Transatlantic Divisions In Methods Of Inquiry About Law: What It Means For International Law, John Linarelli

Scholarly Works

It is based on a presentation at a workshop at the University of Leicester on “The Neglected Methodologies of International Law: Empirical, Socio-Legal and Comparative,” on January 31, 2018. The chapter explores a question that many have voiced but which is difficult to answer: why do differences persist in approaches to research and scholarship about international law, as between the United States and Europe, and even within the Anglo-American tradition as between British and American traditions? There are likely many reasons and this is not a study of “causes.” It is an exercise in interpretation. It locates the differences in ...


Hegel And The Problem Of Affluence, Thimo Heisenberg 2021 Bryn Mawr College

Hegel And The Problem Of Affluence, Thimo Heisenberg

Philosophy Faculty Research and Scholarship

It is widely known that Hegel’s Philosophy of Right recognizes poverty as one of the central problems of modern Civil Society. What is much less well-known, however, is that Hegel sees yet another structural problem at the opposite side of the economic spectrum: a problem of affluence. Indeed, as I show in this paper, Hegel’s text contains a detailed – yet sometimes overlooked – discussion of the detrimental psychological and sociological effects of great wealth, as well as of how to counter them. By bringing this discussion to the fore, we get a more complete picture of Hegel’s theory ...


Scientific Practice And Democratic Virtues, Gregory R. Peterson 2021 South Dakota State University

Scientific Practice And Democratic Virtues, Gregory R. Peterson

School of American and Global Studies Faculty Publications with a focus on History, Philosophy, Political Science, and Religion

Chapter 21: Scientific Practice and Democratic Values

Democracy and science, it might be thought, go hand in hand. As we commonly think of it, science has its roots in the heritage of Greek thought, and the same is true of democracy. And while Athenian democracy developed at best a complicated relationship with its intellectual luminaries, Athens was nevertheless home to both Plato’s Academy and Aristotle’s Lyceum. Nearly two centuries later, the scientific revolution most quickly took root in those nations that had come to have some semblance of democratic rule. While the Republic of Florence had passed under ...


Factory To Table: A Philosophic Analysis Of The Justice Or Lack Thereof Of Agricultural Markets, Will Carter 2021 Claremont Colleges

Factory To Table: A Philosophic Analysis Of The Justice Or Lack Thereof Of Agricultural Markets, Will Carter

CMC Senior Theses

How food is produced has dramatic consequences on how we live, our world’s justice, and the future of our planet. In a world increasingly driven by neoliberalism, agricultural markets have been incentivized to industrialize, globalize, and consolidate. This has resulted in the global dominance of a new type of agriculture, industrial agriculture, driven by the market logic of lowering costs and raising profits. Industrial agriculture has undoubtedly generated the profound benefit of cheaper, more plentiful food in much of the world. These favorable innovations lead many scholars to argue that free markets produce the most just and efficient arrangements ...


Socrates And The Divine Mission Of Political Friendship, Ronahn I. Clarke 2021 Colby College

Socrates And The Divine Mission Of Political Friendship, Ronahn I. Clarke

Honors Theses

Plato is widely regarded as an authoritarian political thinker on account of Socrates’ endorsement of rule by philosopher kings in the Republic. Yet the Republic should not be mistaken for a political treatise or the entirety of Socrates’ political theorizing. Each of the Socratic dialogues is concerned with the political endeavour of reorienting souls within communities of souls toward virtue via philosophical discussion. This project examines the Lysis, the Gorgias, the Symposium, the Republic, and other dialogues in the context of the philosophical mission Socrates establishes in the Apology. Socrates’ philosophical work expresses a different (and notably less authoritarian) political ...


Humanist But Not Radical: The Educational Philosophy Of Thiruvalluvar Kural, Devin K. JOSHI 2021 Singapore Management University

Humanist But Not Radical: The Educational Philosophy Of Thiruvalluvar Kural, Devin K. Joshi

Research Collection School of Social Sciences

Humanist ideas in education have been promoted by both Western thinkers and classical wisdom texts of Asia. Exploring this connection, I examine the educational philosophy of an iconic ancient Tamil (Indian) text, the Thiruvalluvar Kural, by juxtaposing it with a contemporary humanist classic, Paulo Freire’s Pedagogy of the Oppressed. As this comparative study reveals, both texts offer humanist visions of relevance to education, politics, and society. Notably, however, the Kural takes what might be described as a more mainstream humanist stance vis-à-vis Freire’s radical humanist approach. Nevertheless, both educational philosophies share a common humanist bond representing important breakthroughs ...


Data: The Good, The Bad And The Ethical, John D. Kelleher, Filipe Cabral Pinto, Luis M. Cortesao 2020 Technological University Dublin

Data: The Good, The Bad And The Ethical, John D. Kelleher, Filipe Cabral Pinto, Luis M. Cortesao

Articles

It is often the case with new technologies that it is very hard to predict their long-term impacts and as a result, although new technology may be beneficial in the short term, it can still cause problems in the longer term. This is what happened with oil by-products in different areas: the use of plastic as a disposable material did not take into account the hundreds of years necessary for its decomposition and its related long-term environmental damage. Data is said to be the new oil. The message to be conveyed is associated with its intrinsic value. But as in ...


Apology And Reconciliation In Settler States, Nicholas B. Murphy 2020 The University of Western Ontario

Apology And Reconciliation In Settler States, Nicholas B. Murphy

Electronic Thesis and Dissertation Repository

This dissertation offers a normative account of how we should conceive of reconciliation between Indigenous people(s), states qua states, and their non-Indigenous citizens. It mines pre-theoretic understandings of reconciliation to determine appropriate governing norms for reconciled relationships, the normative expectations that attend these, and what processes or initiatives might be necessary to achieve them. In liberal democratic settler states like Canada, Australia, the United States and New Zealand the desirability of reconciliation is acknowledged by all parties. However, considerable ambiguity surrounds the concept ‘reconciliation.’ This is problematic because concepts influence social discourse, and the rhetoric of reconciliation not only ...


Politics For Angels, William Kanwischer 2020 Bowling Green State University

Politics For Angels, William Kanwischer

Honors Projects

How many idealizing assumptions may we make when doing political philosophy? May we assume our citizens more rational than they are, or our governments more efficient than in reality? These questions lie at the center of the debate between ideal and non-ideal theorists. Ideal theorists believe it permissible to engage in counterfactual assumptions about citizens and states when doing political philosophy, and non-ideal theorists think the opposite. In this paper, I will argue against a particular defense of ideal theory given by David Estlund, who argues that the low probability that a standard of justice will be met does not ...


Automating Autism: Disability, Discourse, And Artificial Intelligence, Os Keyes 2020 University of Washington

Automating Autism: Disability, Discourse, And Artificial Intelligence, Os Keyes

The Journal of Sociotechnical Critique

As Artificial Intelligence (AI) systems shift to interact with new domains and populations, so does AI ethics: a relatively nascent subdiscipline that frequently concerns itself with questions of “fairness” and “accountability.” This fairness-centred approach has been criticized for (amongst other things) lacking the ability to address discursive, rather than distributional, injustices. In this paper I simultaneously validate these concerns, and work to correct the relative silence of both conventional and critical AI ethicists around disability, by exploring the narratives deployed by AI researchers in discussing and designing systems around autism. Demonstrating that these narratives frequently perpetuate a dangerously dehumanizing model ...


Infrapolitical Passages: Global Turmoil, Narco-Accumulation, And The Post-Sovereign State [Toc], Gareth Williams 2020 Fordham University

Infrapolitical Passages: Global Turmoil, Narco-Accumulation, And The Post-Sovereign State [Toc], Gareth Williams

Literature

This book proposes to clear a way through some of the dominant political determinations and violent symptoms of contemporary globalization. It does this in in order to make a case for “infrapolitics” as an enactment of intellectual responsibility in the face of a tumultuous world of war and of technological value extraction on a planetary scale. In Infrapolitical Passages the politics of contemporary global capital is a race to the bottom of reason itself, extended in the wake of the subordination of all forms of living to the economized relation between means and ends. It is this relation which, thanks ...


Deontic Constraints Are Maximizing Rules, Matthew HAMMERTON 2020 Singapore Management University

Deontic Constraints Are Maximizing Rules, Matthew Hammerton

Research Collection School of Social Sciences

Deontic constraints prohibit an agent performing acts of a certain type even when doing so will prevent more instances of that act being performed by others. In this article I show how deontic constraints can be interpreted as either maximizing or non-maximizing rules. I then argue that they should be interpreted as maximizing rules because interpreting them as non-maximizing rules results in a problem with moral advice. Given this conclusion, a strong case can be made that consequentialism provides the best account of deontic constraints.


Concerning Mostly Nonacademic Aspects Of My July 2006 Visit To Salzburg, Austria For The 6th International Whitehead Conference At Salzburg University, Theodore Walker 2020 Southern Methodist University

Concerning Mostly Nonacademic Aspects Of My July 2006 Visit To Salzburg, Austria For The 6th International Whitehead Conference At Salzburg University, Theodore Walker

Perkins Faculty Research and Special Events

Here are travel notes concerning mostly nonacademic aspects of my July 2006 visit to Salzburg, Austria for the 6th International Whitehead Conference at Salzburg University. These travel notes supplement the book Whiteheadian Ethics: Abstracts and Papers from the Ethics Section of the Philosophy Group at the 6th International Whitehead Conference at the University of Salzburg, July 2006 (Cambridge Scholars Publishing, 2008) edited by Theodore Walker Jr. and Mihály Toth.


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