Most of our knowledge about how social exclusion affects those who ostracize and those who are being ostracized is based on questionnaires administered after the ostracism situation is over. In this research, we strive to further our understanding of the internal dynamics of an ostracism situation. We therefore examine individuals’ language—more specifically, function words—as a behavior indicative of psychological processes and emergent states that can be unobtrusively recorded right in the situation. In online chats, 128 participants talked about a personal (...) topic in groups of three. In the experimental group (n = 79), two conversation partners ignored every contribution by the third. We found that, compared to the control group, these targets of ostracism used language indicative of a self-focus and worsened mood, but not of social focus or positivity, although positivity was related to a writer’s likeability. Sources of ostracism use language suggesting that they are distancing themselves from the situation, and they further engaged in victim derogation. We discuss how our results highlight the severity and potential self-sustainability of ostracism. (shrink)

A small but growing body of research suggests that witnessing mistreatment affects third-party observers’ attitudes and behaviors. Based on the framework of belief in a just world theory, this study examines perverse secondary victimization which is particularly pervasive in negative workplace gossip from a third-party perspective but has nonetheless received little attention in organizational research. We present a moderated mediation model and hypothesize that third-party observers’ deservingness judgment would mediate the effect of observed negative workplace gossip and interact with their (...) just world beliefs in predicting their unfavorable reactions toward the target. Additionally, an observer’s BJW would exacerbate the positive relationship between observed negative workplace gossip and deservingness judgment, that is, third-party observers with high BJW are more susceptible to victim derogation bias and consider that the target of gossip deserved the victimization experience to maintain their worldview. Data were collected from 210 full-time employees through online questionnaires and the empirical results supported the hypotheses. The study discusses the theoretical and practical implications of the findings. (shrink)

This essay subjects to philosophicalscrutiny a well-known theory in socialpsychology, the theory of a belief in a justworld (BJW-theory). What are theimplications of the theory for moralphilosophy, in general, and moraleducation/schooling, in particular? Shouldparents and teachers discourage or encouragechildren to believe in a just world, in thesense given to such a belief in this theory?The intricacies of BJW-theory areexplored, with special emphasis on the strangecase of ``victim derogation.'' The authorconcludes that the theory remains, for variousreasons, unilluminating, both morally (...) andeducationally, unless supplemented by normativeand factual interpretative conditions. Somesuch conditions are suggested and discussed. (shrink)

Slurs are derogatory words; they seem to express contempt and hatred toward marginalized groups. They are used to insult and derogate their victims. Moreover, slurs give rise to philosophical questions. In virtue of what is the word “chink,” unlike “Chinese,” a derogatory word? Does “chink” refer to the same group as “Chinese”? If “chink” is a derogatory word, how is it possible to use it in a non-derogatory way (e.g., by Chinese comedians or between Chinese friends)? Many theories of slurs (...) answer these questions by assuming that slurs communicate derogatory messages. However, little attention has been paid to the speech acts slurs are used to perform. In this dissertation, I argue that slurs are illocutionary force indicators: words to perform the speech acts of derogation. “Chink” is a derogatory word because its use is to derogate the Chinese, just like the phrase “I promise” has the use to make a promise. To derogate the Chinese is to enforce a norm which assigns to them an inferior normative status. Slurs are also propositional indicators: words that contribute to the truth-conditions. “Chink” has the same referent as “Chinese,” its neutral counterpart. Appealing to speech act theory enables my theory to answer questions about slurs, e.g., slurs can be used in non-derogatory ways because the felicity conditions of derogation are not met. To illustrate the advantage of my theory, I will explain how other theories of slurs fall short because they take positions opposite to mine on certain issues. For instance, Mark Richard’s theory, unlike mine, takes utterances of slurs to have no truth values. It follows from his theory, I will argue, that lying with “Chang is a chink” is impossible. Finally, I will defend the force indicator theory from common objections. My force indicator theory provides a case study of the use theory of meaning and a framework for political philosophers to study the harm of slurs. (shrink)

This chapter examines the role played by derogatory terms (e.g., ‘inyenzi’ or cockroach, ‘inzoka’ or snake) in laying the social groundwork for the genocide of the Tutsi in Rwanda in 1994. The genocide was preceded by an increase in the use of anti-Tutsi derogatory terms among the Hutu. As these linguistic practices evolved, the terms became more openly and directly aimed at Tutsi. Then, during the 100 days of the genocide, derogatory terms and coded euphemisms were used to direct killers (...) to their victims. Understanding these speech acts helps to illuminate the important ways that power is enacted through discourse, how speech acts can prepare the way for physical and material acts, and how speech generates permissions for actions hitherto uncountenanced. Studying the role of speech acts and linguistic practices in laying the groundwork of the genocide illuminates how patterns of speech acts become linguistic practices that constitute permissibility conditions for non-linguistic behaviors. Further, the analysis presented here helps to make sense of the view that a steady, deep, and widespread derogation of a group can be part and parcel of genocide, not only an antecedent to it. (shrink)

La réparation du dommage corporel est omniprésente dans le projet de réforme du droit de la responsabilité civile présenté par la Chancellerie le 13 mars 2017, manifestant ainsi nettement la volonté de ses auteurs de conférer un statut juridique particulier à cette catégorie de dommage. Un tel souci se manifeste de deux manières. Il s’agit d’une part d’infléchir, dans un sens généralement plus favorable aux victimes, les règles de la responsabilité civile, pour assurer une indemnisation moins aléatoire et plus large (...) des préjudices consécutifs à une atteinte à la personne. Ainsi en est-il notamment de la dérogation au droit commun de la preuve, s’agissant d’établir la causalité en cas de dommage occasionné par le membre indéterminé d’un groupe. Ainsi en est-il également de la soustraction du dommage corporel de l’obligation faite à la victime dans le projet, de minimiser son préjudice. Il s’agit d’autre part de préciser les modalités de la réparation du dommage corporel. Le projet reprend à son compte certaines innovations intervenues ces dernières années (mise en place d’une nomenclature, d’un barème médical unique), et consacre aussi des solutions inédites, telles que le recours de principe à la rente (plutôt qu’à une indemnisation en capital) pour certains chefs de préjudices comme le besoin en tierce personne ou les pertes de gains professionnels) ou l’affirmation du principe de libre disposition des dommages et intérêts. (shrink)

The questions of forgiveness and political justice have recently become intertwined with the “transitional justice” project, the aim of which is the coming to terms with past human rights violations. This article demonstrates that “transitional justice” is less concerned with providing justice than with achieving historical closure, moral redemption, and a “new beginning.” It proposes that justice requires a profound reflection of a political nature by introducing and discussing Jean Améry's concept of resentment. Central to Améry's view of resentment is (...) the restoration of the victim's social status and dignity, the validation of the experience of victimhood; his view therefore contrasts with the Nietzschean derogative view of ressentiment. On the basis of Améry's conceptualizations and with reference to Derrida's notions of “hiatus” and “forgiveness as impossibility,” the article problematizes the relation of ethics and politics—which the “transitional justice” project takes as given. It suggests that to theorize on justice, one needs to parenthesize the moral imagery of forgiveness and bring thirdness to the fore as the space where the identities of “victims” and “perpetrators” are established and played out. (shrink)

This article identifies five genres of anti-queer hate speech found in The Australian’s Facebook comments sections, exposing and analyzing the ways in which such comments are used to derogate cisgender and (often) heterosexual women. One may be tempted to think of cis-het women as third-party victims of queerphobia; however, this article argues that these genres of anti-queer speech are, in fact, misogynistic. Specifically, it argues that these are instances of cis-hetero-misogynistic hate speech. Cis-hetero-misogyny functions as the “law enforcement branch” of (...) a cis-hetero-patriarchal gender order. Given the existence of such an order, it is clear that cis-het women’s liberation is inextricable from queer liberation (and vice versa). This article argues that to facilitate allyship and challenge this gender order—the order that elicits such hate speech acts—we need an epistemological revolution in the way we recognize and re-cognize human difference. (shrink)

After the failed coup attempt on July 15, 2016, Turkey rapidly adjusted its national security strategies to align with the principles of a security state, resulting in a notable increase in human rights violations during the declared State of Emergency. Enforced disappearances, previously used by the State against Kurdish dissidents in the 1990s, resurfaced as a brutal method in the name of “State survival” following the failed coup attempt. This research examined the systematic and organized nature of these enforced disappearances, (...) their prevalence, specific targets, and the human rights abuses resulting from this practice. Twenty cases of enforced disappearances that occurred after July 15, 2016, were analyzed to achieve this. Three main themes emerged from the analysis: (1) enforced disappearance methods, (2) ineffective investigation, (3) torture. The examination revealed that enforced disappearances followed a systematic and widespread pattern. The narratives highlighted commonalities in the methods of disappearances, a preference for individuals affiliated with the Gülen Movement, and the subjecting of victims to severe violations, including torture. Fundamental human rights should have remained non-derogable even during the State of Emergency, as international human rights treaties to which the Turkish State is a signatory protect them. (shrink)

Derogatory terms (racist, sexist, ethnic epithets) have long played various roles and achieved diverse ends in works of art. Focusing on basic aspects of an aesthetic object or work, this article examines the interpretive relation between point of view and content, asking how aesthetic contextualization shapes the impact of such terms. Can context, particularly aesthetic contexts, detach the derogatory force from powerful epithets and racist and sexist images? What would it be about aesthetic contexts that would make this possible? The (...) article puts into aesthetic contexts both Absolutist and Reclaimer views about the power of derogatory terms, applying an inferential role semantics, developed for language, to both words and images. The Reclaimer’s position, that derogation is a matter of pragmatics, of use, emphasizes the context-sensitivity of the term, that is matters who says it, to whom, when, where, and why. Understanding derogatory terms used as hate speech helps to make this position clear. The Absolutist’s position, that no contextual variations can detach the derogation from these deeply derogatory terms, is developed here through attention to subordinating images in pornography. The article argues that art may be able to achieve the deviant interpretations that the Reclaimer needs to undermine the derogations while maintaining sensitivity and awareness of the history of oppression. (shrink)

Considering that in times of state of emergency or civil emergency (such as the pandemic caused by COVID 19), governments in many countries around the world have restricted human rights and freedoms through legally binding government decrees. These restrictive measures increasingly raise dilemmas about their effect and possible violations by the government of international norms guaranteeing human rights. The paper aims to analyze whether these restrictive measures set out in the decisions of the Government of the Republic of Northern Macedonia (...) (RNM) are in compliance with the derogations allowed under the European Convention on Human Rights and Freedoms (ECHR) and the positive laws in power. In the framework of this paper is analyzed whether these measures have the sole purpose of protecting the health of citizens or not. The work is limited in terms of time (as long as the state of emergency lasted three months) and territory (government decrees with the force of law). Descriptive, historical, analytical, comparative and citizen survey methods are used in this paper. Government decrees have been analyzed in order to assess whether they were prudent, in accordance with international standards and consequences that they have caused to citizens. The conclusions provide data on whether the management of the situation has been appropriate or not and to what extent it has been effective, as well as how much it has been within the international framework and how they have affected the quality of life of citizens. (shrink)

While philosophers have discussed the emotion of contempt from antiquity to the present day, contempt has received less attention in psychological research. We review the defining features of contempt, both as a short-term emotion and as a more long-lasting sentiment. Contempt is similar to anger in that it may occur after (repeated) social or moral transgressions, but it differs from anger in its appraisals, actions, and emotivational goals. Unlike anger, contempt arises when a person’s or group’s character is appraised as (...) bad and unresponsive to change, leading to attempts to socially exclude the target. We discuss associative, self-regulatory, and social distancing functions of contempt and present a dynamic social model of contempt versus anger. (shrink)

In this paper, I offer an analytical and normative framework to re-visit the question of whether state parties should derogate from the European Convention on Human Rights (ECHR) in order to combat the COVID-19 pandemic via harsh ‘lockdown’ measures. It is three-pronged. First, I show that the predominant debate on the (non-)derogation question is informed by a textual approach to adjudication, which severely limits the analytical and evaluative horizon for addressing the issue. Most importantly, it cannot address one salient (...) fact about the effects of lockdown measures, namely their highly disproportionate effects on vulnerable groups and minorities. Second, I argue that proportionality assessment should be the basis for determining whether state parties ought to derogate or not. This is because proportionality’s very purpose is in part to track the effects of state interferences on minorities and vulnerable groups by measuring the disproportionate burden imposed on them. It is also because proportionality assessment has very different requirements between limitation clauses built into the relevant Convention articles (e.g. Article 5, Articles 8–11) and the derogation clause (Article 15) under the ECHR. Surprisingly, while the emerging literature almost always mentions proportionality as an important component of the analysis, it does not investigate the extent to which each regime (derogation or limitation) better performs it, and why. Third, I draw from the philosophical literature on the ‘right to justification’ to clarify the egalitarian and justificatory function of proportionality. Unlike derogation, limitation clauses have a much higher and systematic requirement of justification, which makes the case for non-derogation clearer and stronger. (shrink)

While a large body of literature on pejorative language has emerged recently, derogatory communication is a broader phenomenon that need not constitutively involve the use of words. This paper delineates the class of non-verbal pejoratives and sketches an account of the derogatory power of a subset of NVPs, namely those whose effectiveness crucially relies on iconicity. Along the way, I point out some ways in which iconic NVPs differ from wholly arbitrary NVPs and ritualized threat signals in the animal kingdom, (...) such as the wolf’s snarl, which do not threaten or demean targets by virtue of any kind of iconographic depiction. An iconic portrayal such as a racist caricature disparages its target by inviting recipients to entertain an unflattering image of the target. “Blackface” performers in the nineteenth-century, for example, promulgated an unflattering image of African-Americans by means of make-up, costumes, and vocal impersonations. (shrink)

The concept of structure is central to Giddens’s structuration theory because it apparently accounts for the reproduction of the social system without derogating the lay actor in functionalist or structuralist fashion. In fact, the concept of structure involves the very derogation of the lay actor which Giddens highlights as the principal error of these objectivist social theories and which he wishes to avoid. However, although Giddens fails to recognize it, the concept of “practical consciousness” which Giddens also regards as (...) central to structuration theory avoids this relapse into objectivism and offers a route to a sustainable social theory which highlights the agency of social actors. (shrink)

In this paper, I consider some problems concerning the structure of legal systems. In order to do this, I basically analyze the promulgation and derogation of legal rules. Frequently, promulgation has been referred to as the introduction of a rule into, and derogation as the removal of a rule from, a normative system. I try to show that there is more to it than that. One of the main ideas of the paper is that the enactment or (...) class='Hi'>derogation of a legal rule by an authority na restricts the competence of all lower authorities: Once a rule R has been enacted by an authority na, authorities inferior to na cannot remove R from the normative system; and when R has been derogated by na, lower authorities do not have the competence to introduce R into the system. Further important questions include: What happens with derogated rules? What is the structure of the set of derogated rules? When does a rule belong to a derogated set, and when is it removed from a derogated set? These questions are very important for a theory of legal systems, and I try to give some possible answers. Perhaps the main conclusion of the paper is that promulgation and derogation can be considered very similar processes with respect to legal systems. (shrink)

Although a great deal of research addresses the neural basis of deliberate and intentional emotion-regulation strategies, less attention has been paid to the neural mechanisms involved in implicit forms of emotion regulation. Behavioural research suggests that romantically involved participants implicitly derogate the attractiveness of alternative partners, and the present study sought to examine the neural basis of this effect. Romantically committed participants in the present study were scanned with functional magnetic resonance imaging (fMRI) while indicating whether they would consider each (...) of a series of attractive (or unattractive) opposite-sex others as a hypothetical dating partner both while under cognitive load and no cognitive load. Successful derogation of attractive others during the no cognitive load compared to the cognitive load trials corresponded with increased activation in the ventrolateral prefrontal cortex (VLPFC) and posterior dorsomedial prefrontal cortex (pDMPFC), and decreased activation in the ventral striatum, a pattern similar to those reported in deliberate emotion-regulation studies. Activation in the VLPFC and pDMPFC was not significant in the cognitive load condition, indicating that while the derogation effect may be implicit, it nonetheless requires cognitive resources. Additionally, activation in the right VLPFC correlated with participants' level of relationship investment. These findings suggest that the RVLPFC may play a particularly important role in implicitly regulating the emotions that threaten the stability of a romantic relationship. (shrink)

In this essay, I apply international human rights theory to the domestic discussion of criminalization. The essay takes as its starting point the “right not to be punished” that Douglas Husak posited in his recent book Overcriminalization . By reviewing international human rights norms, I take up Husak’s challenge to imbue this right with further normative content. This process reveals additional relationships between the criminal law and human rights theory, and I discuss one analogy: the derogation by states of (...) an individual’s human rights under specified conditions has certain similarities to the punishment by states of an individual who holds a right not to be punished. Along the way, I highlight the normative implications of defining a human right not to be punished under both generalist and specificationist perspectives on moral rights. Noting the similarities as well as the differences in the concepts of punishment and derogation, this essay aims to contribute to the exchange between theories of human rights and the criminal law. (shrink)

Slurs such as chink and gook are linguistic expressions that are primarily used to derogate certain group members for their descriptive attributes (such as their ethnicity) and are often considered the most offensive of expressions. Recent work on the semantics and pragmatics of slurs has illuminated several important facts regarding their meaning and use – including that slurs are commonly understood to felicitously apply towards some targets yet not others, that slurs are among the most potentially offensive expressions afforded by (...) natural language, and that slurs are often flexibly employed and of potential use, not only derogatorily to convey offense towards out-group members, but also non-derogatorily to convey affiliation with in-group members or to diminish the derogatory force that the slur is typically understood to carry. Nonetheless, prior scholarship has unfortunately restricted itself primarily to considerations of slurs that typically target members of other groups. Since no account of slurs for Asian-Americans has so far been proposed, the aim of this article is therefore to provide the first systematic and empirically informed analysis of slurs for Asian-Americans that accounts for both their derogatory and appropriative (non-derogatory) use. (shrink)

Our everyday practices are meaningful in several ways. In addition to the linguistic meanings of our terms and sentences, we attach social meanings to actions and statuses. Philosophy of language and public debates often focus on contesting morally and politically pernicious linguistic practices. My aim is to show that this is too little: even if we are only interested in morally and politically problematic terms, we must counteract a pernicious linguistic practice on many levels, especially on the level of its (...) underlying social meanings. Otherwise, the critique of specific words as the most salient fruits of this practice will be futile. I trace out two paths through which pernicious social meanings feed into linguistic meanings and make the case for constructive contestations of social meanings as an alternative to criticising the use of a few highly pernicious terms in which these social meanings are manifest. My investigation into how social structures shape both social and linguistic meanings sheds further light on the ways in which social meanings enter linguistic exchanges. Moreover, it reveals that what is said in specific situations is more closely connected to our non-verbal actions than the current literature on semantics and the social sciences allows. (shrink)

Slurs such as spic, slut, wetback, and whore are linguistic expressions that are primarily understood to derogate certain group members on the basis of their descriptive attributes (such as their race or sex) and expressions of this kind have been considered to pack some of the nastiest punches natural language affords. Although prior scholarship on slurs has uncovered several important facts concerning their meaning and use –including that slurs are potentially offensive, are felicitously applied towards some targets yet not others, (...) and are often flexibly used not only derogatorily to convey offense towards out-group members but also non-derogatorily to convey affiliation with in-group members– the literature remains largely focused on slurs that typically target African Americans (nigger), male homosexuals (faggot), and sexually active females (slut). Since no account of slurs that typically target Hispanics or Mexican-Americans has so far been proposed, here I offer the first systematic and empirically informed analysis of these that accounts for both their derogatory and appropriative use. Importantly, this article reviews over a dozen Spanish stereotypes and slurs and explains how the descriptive attributes involved in a stereotype associated with a slur can contribute to the predication of certain content in the application of that slur toward its target in context. This article further explains how the psychological effects of stereotype threat and stereotype lift can be initiated through the application of a relevant slur towards its target in context as well. (shrink)

Some non-appropriated uses of slurs seem to be non–derogatory. In this paper, I argue that in a range of cases, the lack of derogation is owed to the term not being genuinely used. I first examine so–called pedagogical uses and show that they can be assimilated to what I call “distancing uses.” I then turn to a range of other apparently non–derogatory, non–appropriated uses of slurs – such as non–weapon uses, comedic uses – and argue that they can depart (...) from standard, genuine usage in relevant ways. I finally turn to so–called “affectionate” uses, and show that, if the conditions in which they obtain can be described as standard, then they are derogatory because they are genuine uses, no matter the benevolent feelings of the speaker. (shrink)

This paper examines the effects of non-derogability status for seven human rights during declared states of emergency from 1996 to 2004 in 195 countries. For this purpose, we create several original measures of countries’ state of emergency status. Our analysis finds the intended protections from the special legal status of non-derogable rights to be anemic, at best, during declared emergencies. This finding begs a reconsideration of both the utility of the “non-derogable” categorization in both international and municipal law, and the (...) conditions under which declared states of emergency might be justified. (shrink)

Language can be used as an instrument to exert power over people, as in issuing an order or a ban, or when it exercises an intrinsic power by virtue of its semantic or pragmatic content. The Politics of Meaning focuses on this latter aspect and answers the following question: what does it mean for linguistic meaning to be embedded in social structures and practices if we have good reasons to assume that these practices rest on asymmetrical power relations and are (...) often unjust? My comprehensive study of meaning in morally and politically problematic language use accomplishes four major goals. Firstly, I defend a theory of meaning which is able to account for a broad range of politically significant aspects of language use. Secondly, I relate these aspects to non-linguistic aspects of social practices which are structured by asymmetrical power relations. Thirdly, my work responds to topical questions of public debates concerning language criticism, political disagreement, and political correctness. Fourthly and finally, my approach involves reflecting on the methodological problems that arise when we engage in politically relevant philosophical questions. It is both a plea for and an instance of non-ideal philosophy of language. (shrink)

RÉSUMÉ: Cet article propose une analyse détaillée des considérations de Hans-Georg Gadamer sur l’herméneutique théologique proprement dite. Pensée dans et pour la foi chrétienne, la conception de l’herméneutique théologique qu’il met en avant se veut essentiellement une herméneutique du texte biblique. Les réflexions de Gadamer sur ce thème nous conduisent cependant tout droit dans sa théorie de la littérature. La question directrice devient celle de la nature du texte religieux (entendons : du texte biblique, reçu en son unité canonique) en (...) tant que texte éminent, dont la structure singulière est mise en relief au moyen d’une éclairante comparaison avec les textes poétique, philosophie et juridique. L’Écriture, en tant qu’elle répond à la structure textuelle de la promesse, exige du lecteur une forme particulière d’appropriation qui trouve sa réalisation exemplaire dans la prédication. Toutefois, contre une lecture (Ommen, Eberhard, etc.) qui insiste sur la discontinuité de l’herméneutique théologique de Gadamer avec sa propre oeuvre philosophique, je soutiens la thèse de leur foncière cohérence. ABSTRACT: This paper offers a detailed analysis of Hans-Georg Gadamer’s considerations on theological hermeneutics proper. Thought within and for the Christian faith, the conception of theological hermeneutics he puts forward is mainly understood as a hermeneutics of the biblical text. However, Gadamer’s reflections on this theme bring us straight to his theory of literature. The guiding question becomes that about the nature of the religious text (meaning : the biblical text, received in its canonical unity) as eminent text, which peculiar structure is thrown into relief through an enlightening comparison with the poetical, the philosophical and the legal text. The Scripture, in that it has the textual structure of a promise, requires from the reader a particular form of appropriation, which finds its exemplary fulfillment in preaching. Against a reading that emphasizes discontinuity between Gadamer’s theological hermeneutics and his own philosophical work (Ommen, Eberhard, etc.) I defend the thesis of their fundamental coherence. (shrink)

Recent research on the semantics and pragmatics of slurs has offered insight into several important facts concerning their meaning and use. However, prior work has unfortunately been restricted primarily to considerations of slurs that typically target females, homosexuals, and African Americans. This is problematic because such a narrowly focused attention to slurs in prior work has left theorizing of how slurs generally function relatively uninformed by facts of actual language use. As a result, theoretical accounts of slurs that have so (...) far been proposed have largely failed to accurately reflect actual usage, account for the empirical findings about slurs and general pejoratives from the social sciences, and offer any informative predictions to help guide future research. At this time more empirically oriented homework on the variety of ways that different slurs have been used in different cases would be helpful for theorists to consider so that they can proceed to develop more nuanced and empirically informed theories about slurs, their usage, and their effects. Accordingly, since no account of slurs for Italian Americans has so far been offered, this article provides a systematic and empirically informed analysis of slurs for Italian Americans that accounts for both their derogatory and appropriative use. Further, this article demonstrates that the family resemblance account of slurs maintained here has major advantages over previous accounts insofar as it is flexible yet robust enough to accommodate both the derogatory and appropriative use of slurs, can explain many of the psychological effects that slurs actually have on both their users and targets, and is more in accord with the real rather than ideal nature of our organic human psychology. (shrink)

Victim's Stories and the Advancement of Human Rights takes on a set of questions suggested by the worldwide persistence of human rights abuse and the prevalence of victims' stories in human rights campaigns, truth commissions, and international criminal tribunals: What conceptions of victims are presumed in contemporary human rights discourse? How do conventional narrative templates fail victims of human rights abuse and resist raising novel human rights issues? What is empathy, and how can victims frame their stories to overcome (...) empathetic obstacles and promote commitment to human rights? How can victims' stories be used ethically in the service of human rights? The book addresses these concerns by analyzing the rhetorical resources for and constraints on victims' ability to articulate their stories and by clarifying how their stories can contribute to enlarged understandings of human rights protections and deepened commitments to realizing human rights. It theorizes the normative content that victims' stories can convey and the bearing of that normative content on human rights. Throughout the book, published victims' stories-including stories of torture, slavery, genocide, rape in wartime, and child soldiering-are analyzed in conjunction with philosophical arguments. This book mobilizes philosophical theory to illuminate victims' stories and appeals to victims' stories to enrich the philosophy of human rights. (shrink)

Victim compensation now plays a central role in dealing with harm. It can be brought into play by various devices: private or social insurance, the courts or special funds created for specific disasters. With each device, compensation raises complex evaluation issues: is it appropriate to use financial compensation to repair harm? Who should pay and on what basis should the compensation be awarded? What is the nature of the damage? How to evaluate it and how to value the amount (...) of compensation determined? These questions are the subject of intense work of evaluation by both those who create or implement the compensation devices and by those who use them. This article looks more specifically at this work of evaluation by people who have endured a collective disaster and who have had to deal with the devices designed to compensate them. (shrink)

Philosophers have had surprisingly little to say about the concept of a victim although it is presupposed by the extensive philosophical literature on rights. Proceeding in four stages, I seek to remedy this deficiency and to offer an alternative to the two current paradigms that eliminates the Othering of victims. First, I analyze two victim paradigms that emerged in the late 20th century along with the initial iteration of the international human rights regime – the pathetic victim (...) paradigm and the heroic victim paradigm. Holocaust victims are quintessential instances of the pathetic victim paradigm. They are marked by passivity and innocence in the face of overpowering force and unspeakable humanly inflicted suffering. Aung San Suu Kyi is an exemplar of the heroic victim paradigm – prisoners of conscience, in Amnesty International’s terms. Because heroic victims face off against the repressive power of the state to fight injustice, they are by no means passive, but they must be innocent of wrongdoing – that is, they must use nonviolent means of dissent – to qualify as heroic victims. Second, I problematize the asymmetrical conceptions of innocence that underwrite the two victim paradigms. Whereas the pathetic victim paradigm identifies innocence with passivity, the heroic victim paradigm countenances agentic victims and adverts to a universalist, absolutist stance on the limits of the legitimate use of state power to ascribe innocence to heroic victims. Both conceptions of innocence are out of keeping with well established social and legal practices regarding what constitutes coercive force and innocent victimhood. Consequently, there is reason to be skeptical of the two victim paradigms. Third, I identify two kinds of human rights violations and two categories of victims that AI defends despite their failure to fit the two paradigms – women trafficked into sex work and prisoners on death row. In many cases, women forced to do sex work are not innocent girls who are ignorant of the trafficking system and who helplessly fall prey to smugglers. They are desperately poor women who for that reason are willing to take enormous risks to try to relieve their own and often their families’ deprivation and suffering. Although these women act nonviolently for irreproachable reasons, they lack the public political agendas that characterize heroic victims. Unless non-fulfillment of subsistence rights is recognized as a form of overpowering force that inflicts severe, avoidable suffering, these women do not qualify as pathetic victims either. The victim paradigms pose an even greater obstacle to recognizing that the death penalty is a human rights violation and that death row prisoners are victims. Because a jury concluded that these individuals committed heinous, violent crimes, they are excluded by the heroic victim paradigm. Only if death row prisoners can be proven (usually through DNA evidence) not to have committed the crimes for which they were convicted can these individuals qualify as pathetic victims. In the absence of any reason to believe that they are innocent and especially if they are unrepentant, they are widely regarded as brutal victimizers of others who deserve no sympathy for, let along relief from, the suffering they “brought on themselves.” Finally, I confront the Othering of victims that results from the two victim paradigms, which leads many victims to eschew the label, thereby opting out of human right discourse. I propose revisions in the victim paradigms that eliminate the real-world exclusions they sponsor as well as the Othering of victims of human rights abuses. In particular, I endorse greater attention to what people and the institutions they create do to other people, and I favor a presumption that unnecessary and severe humanly inflicted suffering is a human rights violation. Moreover, I reject the innocence criterion embedded in the two paradigms and urge that it be replaced by a burdened agency criterion. These modifications better align the concept of a victim with a realistic understanding of human subjectivity and agency and allow for a more capacious understanding of who is a bearer of human rights and under what conditions right-holders become victims of rights violations. (shrink)

Victims of oppression often disagree amongst themselves on how best to respond to their oppression. Often, these disagreements are cast as disagreements about what strategies of resistance would be most effective. In this article, I argue that victims have a wider repertoire of responses to their oppression which reflect the different underlying reasons they have to respond. I outline three distinct reasons for action—self-respect, assistance, and justice—and the respective responses to oppression—rejection, assistance, and resistance—that these reasons call for. I then (...) provide some general comments on how these distinct reasons and responses relate to one another. Appreciating a wider repertoire of reasons and responses can illuminate the nature of disagreement amongst victims, points to the unavoidability of conflict, and provides for a more nuanced understanding of resistance and its alternatives—an understanding that can aid in better responding to injustice. (shrink)

At the end of 2017, Kristen Roupenian’s short story, Cat Person, went viral. Published at the height of the #MeToo movement, it depicted a ‘toxic date’ and a disturbing sexual encounter between Margot, a college student, and Robert, an older man she meets at work. The story was widely viewed as a relatable denunciation of women’s powerlessness and routine victimization. In this paper, I push against this common reading. I propose an alternative feminist interpretation through the lens of Simone de (...) Beauvoir’s notion of narcissism: a form of alienation that consists in making oneself both the subject and the ultimate project of one’s life. Framing Margot as a narcissist casts her as engaging, not in subtly coerced, undesired sex, but rather in sex that is desired in a tragically alienated way. I argue that Beauvoir’s notion of narcissism is an important tool for feminists today – well beyond the interpretation of Cat Person. It presses us to see systematic subordination not just as something done to women, but also as something women do to themselves. This in turn highlights the neglected role of self-transformation as a key aspect of feminist political resistance. (shrink)

The aim of this article is to discuss the role that victim groups and organizations may have in framing and supporting an accountability agenda, as well as their potential for endorsing a distributive justice agenda. The article explores two empirical cases where victims' rights have been introduced and applied by victim organizations to promote accountability—Colombia and Peru. It will be argued that if transitional justice in general and victim reparations in particular are to embark in a quest (...) for distributive justice, it cannot do so without considering victims as political actors, and putting forward demands in terms of victims’ rights. (shrink)

This paper sketches the emergence of, and shifts within, the social, legal, and political figurations of sex workers in Poland. By adopting a genealogical perspective, I investigate how sex workers have been (re)constituted as subjects of governance and unimaginable social justice claimants in legislation, political debates, and law enforcement strategies. With a broad temporal scope, this article traces continuities, transformations, and disruptions within modes of sex work governance in Poland from the adoption of the first laws relating to sex work (...) enacted during the early 19th century to the present day. Through analysis of policy documents, scholarly work on the history of sex work policies in Poland, and personal accounts by sex workers, I identify and examine two dominant discursive and legal figurations of a sex worker: as a threat, and as a victim in need of rescue and protection. While analysing the emergence of and interplay between these two figurations, this article demonstrates how these seemingly contradictory frames of recognition gradually conjoined within 20th-century Polish sex work governance strategies, rendering sex workers unimaginable subjects of rights and social justice claimants. (shrink)

This study explores the dark side of leadership, treats creative self-efficacy as a mediator, and frames supervisor bullying and employee creativity in the context of social cognition and social comparison. We theorize that with a high social comparison orientation, the combination of high supervisory abuse toward themselves (own abusive supervision) and low supervisory abuse toward other team members (peer abusive supervision) leads to a double whammy effect: When employees are “singled out” for abuse, these victims suffer from not only low (...) creative self-efficacy due to supervisory abuse but also low supervisory creativity ratings. Results based on our two-wave data collected from multiple sources—253 employees and their 77 immediate supervisors—support our theory. The significant three-way interaction effect reveals that when social comparison orientation is high and peer abusive supervision is low (Time 1), own abusive supervision (Time 1) creates the strongest negative impact on creative self-efficacy (Time 2), which is significantly related to supervisory low creativity rating (Time 2). Our discoveries of egregious bullying offer provocative theoretical, empirical, and practical implications to the fields of leadership, abusive supervision, creativity, and business ethics. (shrink)

Although workplace bullying is common and has universally harmful effects on employees’ outcomes, little is known about workplace bullies. To address this gap in knowledge, we draw from the tenets of social exchange and displaced aggression theories in order to develop and test a model of workplace bullying that incorporates the effects of employees’ individual differences, perceptions of their work environments, and perceptions of supervisory treatment on their tendencies to bully coworkers. The results of mediated moderation analyses that examine responses (...) from two samples of working adults support our hypotheses. Specifically, we find evidence of an indirect relationship between entitlement and coworker bullying through perceptions of abusive supervision that is stronger for employees who report lower levels of felt accountability than employees who report higher levels of felt accountability. This study makes important theoretical and practical contributions to abusive supervision research, bullying research, and organizational efforts to promote ethical work environments devoid of interpersonal mistreatment by providing novel insight into how employees’ entitlement and felt accountability combine to influence their tendencies to perceive themselves as victims of abusive supervision and culprits of coworker bullying. (shrink)

Diana Meyers argues that breaking the silence of victims and attending to their stories are necessary steps towards realizing human rights. Yet using highly personal victims' stories to promote human rights raises significant moral concerns, hence Meyers suggests that before victims' stories can be accessed and used, it is morally imperative that requirements of informed consent and non-retraumatization are secured. This article argues that while Meyers' proviso is important, and necessary, it may not be sufficient. First, one potential problem with (...) seeking to secure “informed consent” is that one has to ask for the consent, and in the act of asking one is potentially retraumatizing the victim. Secondly, the assumption that victims have ownership right over their stories, which is a key premise in Meyers's argument, is much more problematic than may appear. (shrink)

This paper discusses Diana Meyers's book in light of postcolonial feminist insights. It argues that though Meyers's defense of empathy is admirably sensitive to the ways philosophical concepts and popular discourses can undermine our empathetic capacities, building a human rights culture requires attention to the relational and distributional dimensions of empathy. Meyers's criticism of the expectation of moral purity from victims attests to the richness of her work on agency and helps dismantle unduly narrow conceptions of who counts as a (...) victim of a human rights violation. Meyers's argument for empathy over sympathy is especially useful for understanding culturally encoded forms of degradation. However, human rights violations are caused not only by empathy deficits; they are caused also by empathy excesses toward some people and savior mentalities that can coexist with empathy. Empathy should be supplemented by a political analysis that helps us identify the causes of global injustice. (shrink)

This paper addresses three commentaries on Victims' Stories and the Advancement of Human Rights. In response to Vittorio Bufacchi, it argues that asking victims to tell their stories needn't be coercive or unjust and that victims are entitled to decide whether and under what conditions to tell their stories. In response to Serene Khader, it argues that empathy with victims' stories can contribute to building a culture of human rights provided that measures are taken to overcome the implicit biases and (...) colonialist interpellations she identifies. In response to Andrea Westlund, it proposes a taxonomy of types of narrative closure and offers some arguments to strengthen her view that empathy with victims' stories endows audience members with a new reason and new motivation to support human rights. (shrink)

Major depressive disorder is one of the most common serious illnesses worldwide; the disease is also among those with the lowest rates of treatment. Barriers to access to care, both practical and psychological, contribute significantly to these low treatment rates. Among such barriers are regulations in many nations that require a physician’s prescription for most pharmacological treatments including selective serotonin reuptake inhibitors (SSRIs). These rules are designed to protect patients. However, such regulations involve a tradeoff between the welfare of “visible” (...) victims, who might suffer negative consequences from a lack of regulation, and the well-being of invisible “victims,” who likely experience negative consequences that result from increased barriers to care. This article explores these tradeoffs and argues in favor of shifting SSRIs from prescription-only to over-the-counter status. (shrink)

In two recent works, Intellectuals and Power and General Theory of Victims, François Laruelle offers a critique of the public intellectual, including Jean-Paul Sartre, claiming such intellectuals have a disregard for victims of crimes against humanity. Laruelle insists that the victim has been left out of philosophy and displaced by an abstract pursuit of justice. He offers a non- philosophical approach that reverses the victim/intellectual dyad and calls for compassionate insurrection. In this paper, we probe Laruelle's critique of (...) the committed intellectual's obligations to victims, specifically, through an examination of Sartre's "A Plea for Intellectuals." We hope to show the value of Laruelle's theory on victims, crime and power for imagining future-oriented intellectuals. (shrink)

The right of a person, who is a victim of a criminal act, to access justice (court) according to the criminal legal order, is analyzed in this article. The right to appeal to a court is analyzed as a constituent part of the principle of accessibility to legal defence. Pre-eminently, the general constitutional fundamentals of the right towards legal defence are estimated. The provisions of the jurisprudence of the Constitutional Court of Lithuania, i.e. that the right towards legal defence (...) of the infringed rights is absolute, is analyzed while taking into consideration the attitude formed by the international courts, i.e. that the right to justice is not an absolute and can only be restricted by being ruled by the principle of proportionality and the other legal principles. (shrink)