In this text we will focus on the interpretation of law, specifically on the question of how the meaning of legal texts is created and recreated through judicial interpretation of law. To be able to explain how this happens, we will use the philosophy of language, in particular the philosophy of the late Ludwig Wittgenstein, Wilfrid Sellars and Robert B. Brandom. In their view, language is not a tool that serves primarily and exclusively to describe a world that exists independently (...) of us and our attitudes, but through language we co-create the world we live in. Many of the things we perceive in the world around us are accessible to us and exist because of our language. (shrink)

This was published in Cultural Critique (Winter 1991-92), pp. 5-32; revised and reprinted in Who Can Speak? Authority and Critical Identity edited by Judith Roof and Robyn Wiegman, University of Illinois Press, 1996; and in Feminist Nightmares: Women at Odds edited by Susan Weisser and Jennifer Fleischner, (New York: New York University Press, 1994); and also in Racism and Sexism: Differences and Connections eds. David Blumenfeld and Linda Bell, Rowman and Littlefield, 1995.

In this book, Linda Wetzel examines the distinction between types and tokens and argues that types exist (as abstract objects, since they lack a unique ...

How parents talk about social events shapes their children’s understanding of the social world and themselves. In this study, we show that parents in a society that more strongly values individualism and one that more strongly values collectivism differ in how they talk about negative social events, but not positive ones. An animal puppet show presented positive social events and negative social events. All shows contained two puppets, an actor and a recipient of the event. We asked parents to talk (...) to their 3- and 4-years old children about these events. A total of 26 parent–child dyads from the United States and Japan participated. The principal dependent measure was how much parent talk referred to the actor of each type of social event. There were no cultural differences observed in positive events – both the United States and Japanese parents discussed actors more than recipients. However, there were cultural differences observed in negative events – the United States parents talked mostly about the actor but Japanese parents talked equally about the actor and the recipient of the event. The potential influences of these differences on early cognitive and social development are discussed. (shrink)

Abstract‘Cultural racism’ is central to understanding racism today yet has receded into the background behind the focus on attitudinal racism. Even the turn to structural racism is largely circumscribed to inclusion without substantive challenge to existing processes or profit margins. When portions of the racist public are targeted, it is often the least elite members of society. Without question, the concept of cultural racism requires some clarification, but it will help bring the continued influence of colonialism forward and reveal the (...) alibis given in mainstream and elite circles that justify exclusion, resource extraction, and domination. (shrink)

This paper elaborates on the idea of the epistemology of ignorance developed in Charles Mills’s work beginning in the 1980s and continuing throughout his writings. I I argue that his account developed initially from experiences of racism in north America as well as certain methods of organizing within parts of the Caribbean left. Essentially the epistemic practice of ignorance causes knowers to discredit or push away knowledge they in fact have. But this gives us cause for hope, for restoring existing (...) knowledge through changing ideas about who knows. (shrink)

The politics of ethnic names, such as ‘Latino’ and ‘Hispanic’, raises legitimate issues for three reasons: because non-political considerations of descriptive adequacy are insufficient to determine absolutely the question of names; political considerations may be germane to an ethnic name’s descriptive adequacy; and naming opens up the political question of a chosen furture, to which we are accountable. The history of colonial and neo-colonial conditions structuring the relations of the North, Central and South Americas is both critical in understanding the (...) political condition of Latinos in the USA and relevant in current colonial relations. (shrink)

In order to be held responsible, it is not enough that you’ve done something blameworthy, someone else must also have the standing to hold you responsible. But a number of critics have claimed that this concept of ‘standing’ doesn’t hold up to scrutiny and that we should excise it from our analyses of accountability practices. In this paper, I examine James Edwards’ (2019) attempt to define standing. I pose objections to some key features of Edwards’ account and defend an alternative. (...) Reflecting on examples of meddling blame and privacy norms, I argue, helps us see that the concept of standing is useful after all. (shrink)

Increasingly, philosophers who write about moral responsibility and accountability practices invoke the concept of “standing,” a term they claim to borrow from legal contexts. Yet critics point out that these philosophers have been maddeningly unclear about what standing is. Worse yet, no single account of the concept of “standing” seems to accommodate its current usage. This essay presents a thin account of standing, defends its usefulness in philosophical analyses of accountability practices, and develops further conceptual tools for thinking about standing.

This paper investigates how reports concerning a given country’s prospects affect investment decisions in two stylized, artificial organizational settings. We designed a role-game laboratory experiment, where subjects were asked to make investment decisions for two types of fictitious companies from the same country. We found that when available reports included positive country prospects, subjects strategized more on investments regardless of the characteristics of their organization. When reports included negative prospects, however, certain organizational peculiarities influenced the subjects’ interpretations, with decision-makers opting (...) for more prudent plans when managing a more traditional company. Cognitive maps of decision makers showed that subjects considered investment strategies as a means to fulfil a company’s role expectations regarding appropriate decisions. Notwithstanding all caveats due to the artificial and simplified nature of our experimental setting, our findings indicate the need for more research on the effect of reports and prospect analysis on strategic decisions of companies, especially when business prospects are uncertain. (shrink)

The last twenty-five years or so of thought about tort law have been remarkably productive and dynamic, as the dominance of the law and economics model has been challenged by theories that reintroduce the language of corrective justice. Over this same time period, theorizing about corrective justice has sprung up in response to a wide range of social, political and moral issues. I have in mind work on restorative theories in criminal justice; on postwar justice; on truth commissions, political reconciliation (...) and transitional justice in contexts of regime change; on official apologies as responses to international crises, institutionalized abuse and historical injustices; and on interpersonal apology, the making of amends, and forgiveness as responses to everyday moral transgressions. In these writings, theorists explore what people owe to one another in the aftermath of various kinds of wrongdoing, and thereby subtly challenge our ideas about what should be included under the heading of corrective justice. One new strand of thought, which appears in many of these debates, suggests that corrective justice requires a form of reconciliation or relational repair. My goal in this chapter is to introduce this idea and explore what it might offer to the philosophy of tort law. (shrink)

One way to teach or communicate embodied-relational existential understanding is to encourage the writing and reading of first person autobiographical phenomenological accounts. After briefly reviewing the field of first person phenomenological accounts, I offer my own example – one that uses a narrative-poetic form. I share my lived experience of coping with pain and hope to show how rich poetic phenomenological prose may facilitate lived understandings in others (be they our students, clients or colleagues). I argue that first person accounts (...) can powerfully evoke lived experience, especially where they focus on existential issues, use personal-reflexive and/or relational-dialogal forms, and draw on the arts. Indo-Pacific Journal of Phenomenology , Volume 12, Special Edition July 2012. (shrink)

That contempt and dishonor are closely related has been shown not only in recent discussions of the subject, but also in Aristotle's investigation of emotions in the judiciary. In this paper, I will discuss the ways in which the ancient Greeks—and, in particular, the polis of Athens—institutionalized what Bell calls “apt contempt” (i.e., contempt as a response to actual and serious faults of character which stems from the contemnor's concern for the values at stake) through the legal penalty of atimia (...) (“dishonor”). Not only does Athenian evidence prove Bell's point that contempt can be “apt”—it also represents an early case study of a community that formalized such “apt” contempt in law and in the formal enactment of collectively approved social norms. And yet, the Greeks were also aware of the potential ambivalence of notions such as “contempt” and “dishonor.” This ambivalence is likely to have been one of the factors that catalyzed a differentiation, within the semantic field of atimia, between “dishonoring” ( atiman/ atimoun) and “disrespecting” ( atimazein)—between “apt” and “inapt” contempt. (shrink)

It has been argued by disability advocates that supported decision-making must replace surrogate, or substituted, decision-making for people with cognitive disabilities. From a moral perspective surrogate decision-making it is said to be an indefensible form of paternalism. At the heart of this argument against surrogate decision-making is the belief that such paternalistic action expresses something fundamentally disrespectful about those upon whom it is imposed: that they are inferior, deficient or child-like in some way. Contrary to this widespread belief, I will (...) argue that surrogate decision-making sometimes expresses more respect for people with life-long, ‘severe’ or ‘profound’ cognitive disabilities than does the adoption of supported decision-making.. Specifically, I argue that in some cases supported decision-making can arguably express that people with severe or profound cognitive disabilities lack equal moral value. I also argue that supported decision-making for people with profound cognitive disabilities can arguably express that they lack complex and rich inner lives. If our aim is to ensure our behaviour and practices express respect for people with life-long ‘severe’ or ‘profound’ cognitive disabilities, then sometimes surrogate rather than supportive decision-making will be a better option. (shrink)

Drawing on qualitative research evidence, this article offers an interpretation of morale which focuses on individual needs fulfilment. Three conceptual areas are discussed: morale as a group or an individual phenomenon; the dimensionality of morale; and the relationship between morale and satisfaction. It is suggested that work on morale has often been weakened by misinterpretation and misapplication and that what has often been presented as morale is, in fact, group cohesiveness or job satisfaction. Inappropriate generalisation has tended to obscure the (...) intricacies of morale and greater attention should now be paid to the individuality of influential factors. Salary and working conditions may be much less influential on morale than is generally thought. More significant, it is suggested, is the extent to which the job fulfils the individual's ‘ideal’. (shrink)

This book examines the intersections of bioethics, human rights and health equity. It does so through the contextual lenses of nation states while presenting global themes on rights, colonialism and bioethics. The book is framed by the following propositions on indigenous health: it is a human rights issue; it is located within the politics of colonization; and subjugated indigenous knowledges require restoring.

History education holds strong potential for students to examine how racism and other intersecting forms of oppression embedded within U.S. institutions have and still impact today’s social fabric. When rooted in Martell and Stevens’ “thinking like an activist” framework, history education provides opportunities for preservice teachers (PSTs) to see, understand, and disrupt the dominant narrative. They can begin to reimagine their roles as future leaders in the classroom and beyond to ensure that all students thrive and not just survive. Thus, (...) for this qualitative study, we engaged our PST in a book study of A Different Mirror for Young People: A History for Multicultural America. Through intentional content and pedagogical choices, we investigated the question, “ How do preservice teachers make sense of history using the ‘thinking like an activist’ framework?” Findings indicated how Takaki’s different mirror, as a counternarrative centering the perspectives and experiences of historically marginalized groups, allowed PSTs 1) to unlearn oppressive structures (cultural preparation), 2) begin to develop a sociopolitical consciousness of systemic oppression, albeit through an outsider’s perspective (critical analysis), and 3) to analyze how collective action in the past enacted change–although through an already, but not yet, understanding of their role in social change in the present (collective action). (shrink)

This paper sketches elements of a theory of the ethics of autonomised harming: the phenomenon of delegating decisions about whether and whom to harm to artificial intelligence (AI) in self-driving cars and autonomous weapon systems. First, the paper elucidates the challenge of integrating non-human, artificial agents, which lack rights and duties, into our moral framework which relies on precisely these notions to determine the permissibility of harming. Second, the paper examines how potential differences between human agents and non-human, artificial agents (...) might bear on the permissibility of delegating life-and death decisions to AI systems. Third, and finally, the paper explores a series of resulting complexities. These include the challenge of weighing autonomous systems’ promise to reduce harm against the intrinsic value of rectificatory justice as well as the peculiar possibility that delegating harmful acts to AI might render ordinarily impermissible acts permissible. By illuminating what happens when we extend normative theory beyond its traditional boundaries, this discussion offers a starting point for assessing the moral permissibility of delegating consequential decisions to non-human, artificial agents. (shrink)

John Locke famously sets the arts of rhetoric at odds with the pursuit of knowledge. Drawing on the work of Ernesto Grassi, this article shows that Locke’s epistemological and political arguments are parasitic on the very tropes and figures he would exclude in any serious discourse. Accordingly, Locke’s attack on the divine right of kings and his famous argument for the social contract is read as exhibiting a rhetorical structure. This structure is crucial to Locke’s critique of heteronomy and his (...) attempt to facilitate the identification of oneself as a free subject. (shrink)

Henry Richardson’s _Articulating the Moral Community_ develops an account of moral innovation, the process by which new moral norms come to be authoritatively binding and new ethical judgments come to be objectively true. In this essay, I argue Richardson’s proposed process of moral innovation is likely to be exceedingly rare, unnecessary for solving the problems posed by what he calls “objective moral gaps,” and not necessarily more desirable than moral innovation via local convention.

To those raised outside of Gitxsan and Witsuwit'en culture, the concept of a child, (or adult) claiming to be, or being attributed as, an ancestor returned as well as the person of this life, sounds like a split personality. In this paper, we examine a single example of this category from among the more than two hundred cases on record for the Gitxsan and Witsuwit'en of northwest British Columbia. The example serves to demonstrate that the Gitxsan and Witsuwit'en do not (...) construe the situation of someone "come back" as a divided self, but as an embedded self, a person with deep roots and double grounding in the territory and the kin group, doubly integrated into the nexus of social life. This contrasts with the poignant cases of people who were fostered or adopted out, sexually abused, and made to feel confused about their heritage. The autobiographical account of the second author is an example of a woman in this category. It demonstrates the response of shutting down emotion, and absenting oneself from the abusive situations by "leaving the body." Our analysis suggests that cultural definition of what is normal varies from Western to Gitxsan and Witsuwit'en culture. It suggests further that the definition of the experience as useful helps recovery of such individuals when they are reunited with their natal culture. (shrink)

This paper defends revisionism against a challenge: that it cannot convincingly hold that many instances of killing in war are morally wrong but should nonetheless remain legally permissible. The paper argues that we should view the relationship between the morality of war and the laws of war as analogous to the relationship between fundamental principles and rules of regulation in debates about theories of justice. This yields a fresh justification for the law’s divergence from morality, which absolves revisionism from the (...) twofold charge of being at once irrelevant and incoherent. It also helps clarify persisting ambiguities concerning the contrast between war and ‘ordinary life,’ the contested notion of a ‘deep morality’ of war, and revisionism’s relationship to ideal and non-ideal theory. (shrink)

In this essay, I explore the question of who should determine what an ambiguous tax statute means, the courts or the Department of Treasury. The answer to that question is based on two administrative law doctrines: Chevron and Brand X. Here, I explain why Chevron and Brand X violate the Administrative Procedure Act and are unworkable. Then, using a provision in the tax code, I propose that we return to a standard that is both consistent with the APA and easier (...) to implement: Skidmore. (shrink)

In this paper, I present different ways in which transcendental argumentation has been used in contemporary debates in moral philosophy to justify the normative authority of morality. My aim is to defend strong “retorsive” transcendental argumentation as a way to ground a sort of critical realism in metaethics, comparing transcendental arguments proposed by Karl-Otto Apel, Christine Korsgaard and Alan Gewirth – which are sometimes referred to as “constitutivist” arguments. In particular, I endorse an argumentative strategy that considers the merits of (...) the respective positions while overcoming the limits of each. Such a strategy aims at grounding transcendentally the metaphysical fact of human value, making explicit the ontological implications of transcendental argumentation, and showing that a justification of fundamental values alone can ultimately make it possible to ground basic moral principles. (shrink)

In this book, as feminist, Marxist, postcolonial, and queer scholars, we argue that social reproduction is foundational to comprehending urbanization and urban transformations by contributing to the feminist project of writing social reproduction and everyday life into urban theory." Social reproduction is, of course, not just an analytical framing but also an organising call for feminist scholars and our contention is that if we want an urban theory for our time, it needs to be feminist. Feminism is not simply a (...) 'discipline,' 'theory', or 'ideology', but a worldview, a lived praxis that provides a platform for engaged analysis. The book's origins lie in our belief in the necessity of feminist urban knowledge production, a belief further endorsed by our prior critical engagement with the analytical framework of planetary urbanization and our collective ruminations during and post this engagement on the nature of urban theory (Reddy 2018; Ruddick et al. 2018). Not least the considerable response to the theme issue of Society and Space (Peake et al. 2018) showed us that there was an audience desirous of troubling the hegemony of urban theory. Moreover, our approach of working as a team across hierarchies of junior and senior scholars, generations, genders, sexualities, institutions, and disciplines-a praxis we refer to as "the intergenerational social reproductive labor of knowledge production" (Peake et al. 2018, p. 377)-had been fruitful and positive and we wanted it to continue. It was as much a pedagogical experience of reading and writing together, and sharing meals, as it was an exploration of our places within the academy and an intellectual foray into urban theory. And while Roza Tchoukaleyska left for Newfoundland, Elsa Koleth, a new post-doctoral fellow at the City Institute at York University, joined us. (shrink)