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Full-Text Articles in Arts and Humanities
Consent, Culpability, And The Law Of Rape, Kimberly Kessler Ferzan
Consent, Culpability, And The Law Of Rape, Kimberly Kessler Ferzan
All Faculty Scholarship
This Article explores the relationship between consent and culpability. The goal is to present a thorough exposition of the tradeoffs at play when the law adopts different conceptions of consent. After describing the relationship between culpability, wrongdoing, permissibility, and consent, I argue that the best conception of consent—one that reflects what consent really is—is the conception of willed acquiescence. I then contend that to the extent that affirmative consent standards are aimed at protecting defendants, this can be better achieved through mens rea provisions. I then turn to the current victim-protecting impetus for affirmative expression standards, specifically, requirements that the …
Somaesthetics And Dance, Curtis L. Carter
Somaesthetics And Dance, Curtis L. Carter
Philosophy Faculty Research and Publications
Dance is proposed as the most representative of somaesthetic arts in Thinking Through the Body: Essays in Somaesthetics and other writings of Richard Shusterman. Shuster- man offers a useful, but incomplete approach to somaesthetics of dance. In the examples provided, dance appears as subordinate to another art form (theater or photography) or as a means to achieving bodily excellence. Missing, for example, are accounts of the role of dance as an independent art form, how somaesthetics would address differences in varying approaches to dance, and attention to the viewer’s somaesthetic dance experience. Three strategies for developing new directions for dance …
Moore’S Paradox And The Priority Of Belief Thesis, John N. Williams
Moore’S Paradox And The Priority Of Belief Thesis, John N. Williams
Research Collection School of Social Sciences
Moore’s paradox is the fact that assertions or beliefs such as Bangkok is the capital of Thailand but I do not believe that Bangkok is the capital of Thailand or Bangkok is the capital of Thailand but I believe that Bangkok is not the capital of Thailand are ‘absurd’ yet possibly true. The current orthodoxy is that an explanation of the absurdity should first start with belief, on the assumption that once the absurdity in belief has been explained then this will translate into an explanation of the absurdity in assertion. This assumption gives explanatory priority to belief over assertion. …
Wittgenstein, Moorean Absurdity And Its Disappearance From Speech, John N. Williams
Wittgenstein, Moorean Absurdity And Its Disappearance From Speech, John N. Williams
Research Collection School of Social Sciences
G. E. Moore famously observed that to say, "I went to the pictures last Tuesday but I don't believe that I did" would be "absurd." Why should it be absurd of me to say something about myself that might be true of me? Moore suggested an answer to this, but as I will show, one that fails. Wittgenstein was greatly impressed by Moore's discovery of a class of absurd but possibly true assertions because he saw that it illuminates "the logic of assertion". Wittgenstein suggests a promising relation of assertion to belief in terms of the idea that one "expresses …