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Full-Text Articles in Arts and Humanities

Legal Interpretation, Mykaila Ashlynn Berry Jan 2020

Legal Interpretation, Mykaila Ashlynn Berry

Undergraduate Theses, Professional Papers, and Capstone Artifacts

The purpose of this project is to provide a fresh and in-depth analysis of legal jurisprudence through the use of two of the most important legal theorists of our time, H. L. A. Hart and Ronald Dworkin. This project focuses on how Dworkin’s position in his famous paper “Hard Cases”, helps us understand an important Supreme Court case, Cohen v. California. Cohen will be the main focus of my project. The project will discuss the case and the possible ways of deciding the case. Then the project explains both Dworkin’s and Hart’s positions. Finally, the project will analyze how Dworkin’s …


Towards A New Cholx Consciousness: The Visual Rhetorics Of Cholx Artistas As A Method For Social Justice Movements, Elvira Carrizal-Dukes Jan 2020

Towards A New Cholx Consciousness: The Visual Rhetorics Of Cholx Artistas As A Method For Social Justice Movements, Elvira Carrizal-Dukes

Open Access Theses & Dissertations

My dissertation study examines the Cholx subculture through the artwork of Chola artistas Paola Rascón and Vicko Alvarez Vega. Growing up, I interacted easily with Cholos and Cholas, but I also knew that in society there was an overall negative idea of Cholos and Cholas. My research advances Cholx consciousness as a method for social movements through the examination of the visual and written rhetorics by Chola artistas. For my dissertation study, I have drawn on theoretical frameworks from Chicana Feminism, Latino Critical Theory, and Social Justice Rhetorics as discussed by Dolores Delgado Bernal, Kendall Leon, Tara Yosso, Daniel Solórzano, …


Love, The Other And The City: Critical Analysis Of The Ethics Of Alterity In A Capitalist Society, Juan Luis Cabrera Jan 2020

Love, The Other And The City: Critical Analysis Of The Ethics Of Alterity In A Capitalist Society, Juan Luis Cabrera

Open Access Theses & Dissertations

Loving for Levinas is a desubjectivation. The one who loves is the one who does not resist the call of the Other. He who loves, according to Levinas, recognizes in the face of the migrant, the orphan, the widow, and the poor, as an inescapable responsibility. However, is this desubjectivation a possibility in capitalist cities? Capitalism is the consequence of a philosophical heritage founded in the totality of the same. Philosophy understood as “love of wisdom” places man in a position of control towards everything that surrounds him, the Other included. Everything belongs to the subject that knows the reality …


Linear Time Vs Now Time: Towards A Critical Conception Of Time In Marx, Benjamin And Rosenzweig, Juan Carlos Durán Jan 2020

Linear Time Vs Now Time: Towards A Critical Conception Of Time In Marx, Benjamin And Rosenzweig, Juan Carlos Durán

Open Access Theses & Dissertations

The main purpose of this thesis is to open a conversation regarding the role of the linear conception of time that serves as the driving force of the modern and capitalist conception of human history, and that conceives it as a timeline based on progress. The idea of modern progress establishes a civilizing tendency of development in history that prioritizes the future and rejects the past. The linear time conceives of traditional constitution of life of the oppressed people of the past as obsolete and old, and associates ‘modern’ behaviors in order to establish a bourgeois and utilitarian relation with …


Logic, Thought, And Language In Hegel, Marx, And Rosenzweig, Omar Moreno Jan 2020

Logic, Thought, And Language In Hegel, Marx, And Rosenzweig, Omar Moreno

Open Access Theses & Dissertations

The objective of this Thesis is to open a conversation regarding the role of grammar in two areas of philosophy: interpretation and normative philosophy. The task is divided into three chapters, each of which focuses on one major issue. The first is a demonstration of the use of grammar in understanding and interpreting works of philosophy, namely those of Hegel and Marx. The second chapter is an interpretation of Franz Rosenzweig's renovated grammar as seen in The Star of Redemption. The last uses an analysis of grammar to challenge the role of empirical knowledge in community building. The last chapter …


Mother Nature, Lady Justice: Ecofeminism And Judicial Decision-Making, Jonathan Alexis Picado Jan 2020

Mother Nature, Lady Justice: Ecofeminism And Judicial Decision-Making, Jonathan Alexis Picado

Open Access Theses & Dissertations

Ecofeminism offers a feminist perspective that links gender to how humans relate to the natural world. As such, this framework explores the connections between the oppression of nature and the oppression of women, such as widespread views that both women and nature are property, are to be dominated, and are most valuable when cultivated and curated by men. I apply this philosophical and sociological framework to judicial decision-making, where women judges should view environmental issues as women's issues and thus be more likely to vote in favor of the environmental protections relative to her male peers. I evaluate this theory …


The Annotated Kant: Groundwork For The Metaphysics Of Morals, S. M. Cahn, A. Tschemplik , Translator, Krista Karbowski Thomason, M. A. Mchugh Jan 2020

The Annotated Kant: Groundwork For The Metaphysics Of Morals, S. M. Cahn, A. Tschemplik , Translator, Krista Karbowski Thomason, M. A. Mchugh

Philosophy Faculty Works

No abstract provided.


The Incoherence Of Moral Relativism, Carlo Alvaro Jan 2020

The Incoherence Of Moral Relativism, Carlo Alvaro

Publications and Research

This paper is a response to Park Seungbae’s article, “Defence of Cultural Relativism”. Some of the typical criticisms of moral relativism are the following: moral relativism is erroneously committed to the principle of tolerance, which is a universal principle; there are a number of objective moral rules; a moral relativist must admit that Hitler was right, which is absurd; a moral relativist must deny, in the face of evidence, that moral progress is possible; and, since every individual belongs to multiple cultures at once, the concept of moral relativism is vague. Park argues that such contentions do not affect moral …


Eryximachus' Tale: The Symposium's Role In Plato's Critique Of Medicine, Susan B. Levin Jan 2020

Eryximachus' Tale: The Symposium's Role In Plato's Critique Of Medicine, Susan B. Levin

Philosophy: Faculty Publications

No abstract provided.


Animal Welfare Science And “A Life Worth Living” For Wild And Captive Elephants, Lindsay R. Mehrkam, Otto Fad Jan 2020

Animal Welfare Science And “A Life Worth Living” For Wild And Captive Elephants, Lindsay R. Mehrkam, Otto Fad

Animal Sentience

Baker & Winkler (2020) propose restoring elephants to a state of “wildness” and a “life worth living” by reintroducing captive elephants to the hands of indigenous mahout cultures and practices. To evaluate this proposal, we must define operationally a number of critical concepts in a species-centric, individualistic way, avoiding human-centric opinions and romanticized notions of the wild. Animal welfare science can help create greater synergy between ex-situ zoological institutions and in-situ elephant conservation, and welfare efforts that respect and value the cultures of both species.


Asian Elephant Rescue, Rehabilitation And Rewilding, Liv Baker, Rebecca Winkler Jan 2020

Asian Elephant Rescue, Rehabilitation And Rewilding, Liv Baker, Rebecca Winkler

Animal Sentience

Thailand has fewer than 10,000 elephants left. More of them are living in captivity to serve the tourist industry under grim conditions than are living free in what is left of their wild habitat. Conservation efforts need to be focused on all surviving members of the species, captive and free, but they need to take into account the inextricable entanglement of human and nonhuman animal lives in Thailand today. There is an opportunity for rescuing, rehabilitating and reintroducing captive elephants to the wild with the help of the traditional expertise of a mahout culture that has been elephant-keeping for centuries. …


A “Halfway House” For Improving Captive Welfare, Phyllis C. Lee, W. Keith Lindsay Jan 2020

A “Halfway House” For Improving Captive Welfare, Phyllis C. Lee, W. Keith Lindsay

Animal Sentience

It is certainly time to aim for higher quality management strategies for Thailand’s captive elephants, and to engage with sustainable livelihoods for traditional mahouts. Baker & Winkler’s proposal to rewild Thai elephants by placing them under the guardianship of Karen mahouts is recognized as not “wild” since it remains a form of management requiring elephants to live under the control of human caregivers. We applaud the positive welfare aims of this proposal; however, we caution that few of the long-term consequences for elephants or habitats can be known, and further considerations of elephant population dynamics and forest ecosystems are required …


Exploring Eight-Armed Intelligence Through Film, Tierney M. Thys Jan 2020

Exploring Eight-Armed Intelligence Through Film, Tierney M. Thys

Animal Sentience

Mather (2019) provides a rich overview of the elements underlying octopus cognition and behavioral flexibility. Recently, two remarkable natural history films, My Octopus Teacher and The Octopus in My House have explored intimate human-octopus relationships with a wild (Octopus vulgaris) and a captive octopus (Octopus cyanea) respectively. Both films show rare behaviors that offer observations to test new hypotheses as well as a novel perspective on our own human relationships and place within the natural world. An interview with filmmaker Craig Foster from My Octopus Teacher reveals the profound and transformative power of forming a trusting …


Samuel Huntington's Clash Of Civilizations And Its Allure For The Past Thirty Years, Michaela Munda Jan 2020

Samuel Huntington's Clash Of Civilizations And Its Allure For The Past Thirty Years, Michaela Munda

Departmental Honors Projects

Political scientist Samuel P. Huntington wrote, taught, and advised on United States defense and foreign policy for over fifty years. The 1996 book, The Clash of Civilizations and the Remaking of World Order, is by far the most prominent of Huntington’s works. Though the work pertained to the world order following the collapse of the Soviet Union, his urging to understand factors that would set up the next stages of world conflict seem to hold truth throughout the last thirty years, and even in the present. Huntington argues that culture and identity will be at the forefront of global conflict. …


Invertebrate Welfare In The Wild, Asher Soryl Jan 2020

Invertebrate Welfare In The Wild, Asher Soryl

Animal Sentience

Mikhalevich & Powell argue that certain cognitive-affective biases might distort people’s consideration of invertebrate minds and that the moral risks of false negatives in sentience research deserve greater consideration under precautionary frameworks. In this commentary, I draw comparisons between biases that concern wild animals and conditions in nature, arguing that the moral risks of disregarding the possible mental welfare of invertebrates are compounded by facts about their lives in the wild.


Sentience In Evolutionary Context, Jon Mallatt, Todd E. Feinberg Jan 2020

Sentience In Evolutionary Context, Jon Mallatt, Todd E. Feinberg

Animal Sentience

We appreciate the goals of Mikhalevich & Powell (M&P) and largely agree with their conclusions but we differ on some of their definitions and terms. Affects (emotional feelings) should be part of sentience. Although the evidence presented for insect sentience is strong, we list some of the counterevidence that should be considered. Our own research supports M&P’s choice of arthropods, cephalopods, and vertebrates as the only sentient organisms with moral status.


Drawing The Boundaries Of Animal Sentience, Walter Veit, Bryce Huebner Jan 2020

Drawing The Boundaries Of Animal Sentience, Walter Veit, Bryce Huebner

Animal Sentience

We welcome Mikhalevich & Powell’s (2020) (M&P) call for a more “‘inclusive”’ animal ethics, but we think their proposed shift toward a moral framework that privileges false positives over false negatives will require radically revising the paradigm assumption in animal research: that there is a clear line to be drawn between sentient beings that are part of our moral community and nonsentient beings that are not.


Bridging The Empathy Gap For Invertebrates, John M. Marzluff Jan 2020

Bridging The Empathy Gap For Invertebrates, John M. Marzluff

Animal Sentience

The actions of sentient vertebrates command our attention and inform our morality. Mikhalevich & Powell (2020) (M&P) argue that similar activities in a wide range of invertebrates with central nervous systems should do likewise. However, humans most readily empathize with creatures we recognize as similar in behavior, physiology, or appearance to ourselves. Helping humanity overcome this bias is a significant challenge for those who study invertebrates. Until this empathy gap is bridged, I believe few people and the policies they craft will afford invertebrates the moral standing that M&P argue they deserve. Therefore, I suggest those interested in raising appreciation …


Whether Invertebrates Are Sentient Matters To Bioethics And Science Policy, Michael L. Woodruff Jan 2020

Whether Invertebrates Are Sentient Matters To Bioethics And Science Policy, Michael L. Woodruff

Animal Sentience

Mikhalevich & Powell provide convincing empirical evidence that at least some invertebrates are sentient and hence should be granted moral status. I agree and argue that functional markers should be the primary indicators of sentience. Neuroanatomical homologies provide only secondary evidence. Consensus regarding the validity of these functional markers will be difficult to achieve. To be effective in practice, functional markers of sentience will have to be tested and accepted species by species to overcome the implicit biases against extending moral status to invertebrates.


Moral Treatment For All, Eric Dietrich, Tara Fox Hall Jan 2020

Moral Treatment For All, Eric Dietrich, Tara Fox Hall

Animal Sentience

There is no way to include invertebrates within the moral sphere without being “extreme” — to use Mikhalevich & Powell’s term. This is because of the profound difficulties in correctly attributing sentience. This commentary argues that we have a moral duty to be extreme.


Inhibition Of Pain Or Response To Injury In Invertebrates And Vertebrates, Matilda Gibbons, Sajedeh Sarlak Jan 2020

Inhibition Of Pain Or Response To Injury In Invertebrates And Vertebrates, Matilda Gibbons, Sajedeh Sarlak

Animal Sentience

In certain situations, insects appear to lack a response to noxious stimuli that would cause pain in humans. For example, from the fact that male mantids continue to mate while being eaten by their partner it does not follow that insects do not feel pain; it could be the result of modulation of nociceptive inputs or behavioural outputs. When we try to infer the underlying mental state of an insect from its behaviour, it is important to consider the behavioural effects of the associated physiological and neurobiological mechanisms.


Human-Controlled Survival Of Nonhumans, Donelson E. Dulany Jan 2020

Human-Controlled Survival Of Nonhumans, Donelson E. Dulany

Animal Sentience

Treves et al. are right about the need for morally just preservation of nonhumans. Their suggestions can move us in that direction. But isn’t what only humans are capable of doing in analyzing and solving these problems, in its broadest sense, “anthropocentrism”?


Disentangling Different Forms Of Justice, Anna Wienhues Jan 2020

Disentangling Different Forms Of Justice, Anna Wienhues

Animal Sentience

Treves et al.’s article is an important contribution to an emerging interdisciplinary literature on what constitutes a viable and just response to the current biodiversity crisis. My commentary addresses three interrelated themes: (1) overcoming divisions, (2) hierarchies of moral worth and (3) ‘multispecies justice’ in the broader context of justice.


Game Theory And Artificial Intelligence In Just Preservation, David L. Dowe, Nader Chmait Jan 2020

Game Theory And Artificial Intelligence In Just Preservation, David L. Dowe, Nader Chmait

Animal Sentience

We humans can show presumption, arrogance and many dubious traits. By virtue of being land-dwelling, dexterous, relatively intelligent, and having good communication hardware and (good) fortune, we have for recent millennia largely had dominion of our planet. Yet humans often do not treat themselves (let alone other species) particularly well. Treves et al.’s idea of a multispecies justice system — not “prioritizing humans” but “finding practical ways to work within human systems” — invites consideration.


Preserving Nature For The Benefit Of All Sentient Individuals, Eze Paez Jan 2020

Preserving Nature For The Benefit Of All Sentient Individuals, Eze Paez

Animal Sentience

I agree with Treves et al.’s proposal for a preservation ethics based on the principle that nonhuman well-being is a matter of justice and compassion. In this commentary, I advance two objections. First, only sentient beings, rather than all life, belong in the moral community. Second, given that nature is probably harmful overall for sentient individuals, preserving it for the benefit of future human and nonhuman generations requires us to modify it as far as practicable.


Group Stereotypes: Human And Nonhuman, Verónica Sevillano Jan 2020

Group Stereotypes: Human And Nonhuman, Verónica Sevillano

Animal Sentience

Treves et al.’s target article emphasizes the importance of including nonhuman animals in the scope of conservation frameworks, countering an anthropocentric orientation in conservation biology. In support, I discuss how stereotypes of other animal species may bias our behavior toward them.


The Wholeness Of Nature, Marthe Kiley-Worthington Jan 2020

The Wholeness Of Nature, Marthe Kiley-Worthington

Animal Sentience

The target article outlines various positions on conservation and preservation but ignores practical considerations of management since there is no wild habitat left. Population controls, either human or nonhuman mammals, are not discussed. The suggestions for legal changes are vague and will require much more thinking about how to integrate animal welfare with wildlife conservation concerns. “Freedoms” as outlined in the human bill of rights might help with decision making for improving animal welfare. Other commentators have made anthropocentric judgements concerning animal welfare, ignoring the importance of developing other ways of seeing and understanding the “multiplicity within unity,” combining empirical …


Just Preservation, Trusteeship And Multispecies Justice, Francisco J. Santiago-Ávila, Adrian Treves, William Lynn Jan 2020

Just Preservation, Trusteeship And Multispecies Justice, Francisco J. Santiago-Ávila, Adrian Treves, William Lynn

Animal Sentience

We are grateful to all the commentators who engaged with our target article. Some commentators have offered important insights into our proposed design and methods for legally intervening on behalf of futurity. Others have focused on theoretical considerations central to our proposal for multispecies justice and trusteeship. All have inspired modifications and further elaboration of our initial proposal. In this Response, we engage with the commentaries, integrating their suggestions, striving for convergence and complementarity, but also discussing points of divergence with our proposed framework where necessary. There is substantial overlap in the points of view of the three co-authors, but …


Whenever Possible, Treat The Cause: Shut Down The Flu Factories, Michael Greger Jan 2020

Whenever Possible, Treat The Cause: Shut Down The Flu Factories, Michael Greger

Animal Sentience

Over the last few decades -- and at a historically unprecedented rate -- hundreds of human pathogens have emerged, mostly from animals. The United Nations’ “Preventing the Next Pandemic” report blames increasing demand for animal protein and unsustainable agricultural intensification as two key drivers of the emergence of zoonotic threats. Animal agribusiness has become a viral disease incubator, but there is a clear path towards preventing the next pandemic as well as protecting planetary health: to reform the practice of raising domestic animals for food and to adopt eating habits that not only protect our health, but address …


Plant-Based Diets And Covid-19: Those Who Harvest Crops Are At High Risk, Jarret S. Lovell Jan 2020

Plant-Based Diets And Covid-19: Those Who Harvest Crops Are At High Risk, Jarret S. Lovell

Animal Sentience

This commentary extends Wiebers & Feigin’s (2020) plea to adopt diets that are less dependent on animals by calling on experts and activists to work for change with regard to farm worker labor conditions. Already doing among the most dangerous jobs, farmworkers are at increased risk of COVID-19. As we increasingly transition to plant-based diets, we must all ensure that farmworkers have safe and just working conditions to meet the demands of our changing diets.