In this paper we analyse utterances that, without explicitly constituting hate speech, nevertheless convey a hateful message. For example, in the headline “Iraqi Refugee is convicted in Germany of raping and murdering teenage girl”, the presence of “Iraqi refugee” does not seem arbitrary. To the contrary, it is responsible for inviting a racist inference against Iraqi refugees. We defend that these inferences cannot be described as slurs, ethnic or social terms used as insults, dogwhistles or conversational implicatures. Rather, we propose (...) that these inferences are insinuations, specifically provocative insinuations, as no conversational response seems effective at blocking them. (shrink)

Sentencing practices in cases of domestic homicide have been the object of critical scrutiny on previous occasions across a number of jurisdictions. It has been suggested by some that these practices reveal judges to be taking a more lenient approach to women who kill their violent male partners than to men who kill allegedly unfaithful female partners. This note evaluates claims of gender bias in sentencing practices in UK cases of domestic homicide following the Court of Appeal sentencing decision in (...) R. v. Suratan, R. v.Humes and R.v. Wilkinson [2002]E.W.C.A. 2982 concerning three men who killed their female partners. It will argue that in the wake of this decision current proposals to review both the substantive law of provocation and sentencing practices are to be welcomed. (shrink)

Numerous studies have found that many people believe that a provocatively dressed woman is at greater risk for sexual assault and bears some responsibility for her assault if she is attacked. Furthermore, in legal, academic, and public debates about sexual assault the appropriateness of the term ‘provocative’ as a descriptor of certain kinds of women’s clothing is rarely questioned. Thus, there is a widespread but largely unquestioned belief that it is appropriate to describe revealing or suggestive women’s clothing as ‘provocative’ (...) and that women who wear such clothing could provoke sexual assault and harassment from men. Yet it is rarely noted that only women’s clothing is described as sexually provocative. Men’s clothing, no matter how revealing, is never described as provocative. Why is this the case? This Article challenges the assumption that it is appropriate to describe women’s clothing as provocative. Drawing on on models of the legal defense of provocation and research on objectification and responsibility, this Article demonstrates that continued use of ‘provocative’ term normalizes and entrenches deeply problematic attitudes about women’s responsibility for men’s sexual behavior. The social interpretation of women’s clothing as provocative arises from the privileged social and legal status of men’s sexual arousal and the objectification of women’s bodies. Describing women’s clothing as provocative thus reinforces a problematic conception of women’s bodies and sexuality that is connected to women’s experiences of their bodies, their clothes, and shapes their vulnerability to sexual assault and social and legal attitudes to such attacks. (shrink)

We explore a particular type of propagandistic message, which we call “provocative insinuation”. For example: ‘Iraqi refugee is convicted in Germany of raping and murdering teenage girl’. Although this sentence seems to merely report a fact, it also conveys a potentially hateful message about Iraqi refugees. We look at the argumentative roles that these utterances play in public discourse. Specifically, we argue that they implicitly address the question of the integration of refugees and migrants, and in fact aim to tilt (...) the audience against these groups by strongly inviting hearers to make generalisations based on “striking” properties. We examine different strategies to counteract the conveyed hateful message. (shrink)

Training artificial intelligence (AI) systems requires vast quantities of data, and AI developers face a variety of barriers to accessing the information they need. Synthetic data has captured researchers’ and industry’s imagination as a potential solution to this problem. While some of the enthusiasm for synthetic data may be warranted, in this short paper we offer critical counterweight to simplistic narratives that position synthetic data as a cost-free solution to every data-access challenge—provocations highlighting ethical, political, and governance issues the use (...) of synthetic data can create. We question the idea that synthetic data, by its nature, is exempt from privacy and related ethical concerns. We caution that framing synthetic data in binary opposition to “real” measurement data could subtly shift the normative standards to which data collectors and processors are held. And we argue that by promising to divorce data from its constituents—the people it represents and impacts—synthetic data could create new obstacles to democratic data governance. (shrink)

Increasing numbers of women in Turkey are murdered by their relatives, spouses or significant others. The perpetrators plead provocation for their crimes, claiming their actions are provoked by women’s initial acts which they deem to violate societal norms. Pleading provocation enables more lenient sentences. This article investigates the interplay of the legal rules and societal norms on ‘proper’ female behaviour in femicide, based on data drawn from the Journal of Legal Proceedings, which publishes select rulings of the Court (...) of Cassation – the Highest Court in the Turkish legal system – from 2004 to 2018. This article argues that there is a collision between cultural, societal norms and legal rulings in criminal law, and displays linkages between legal processes and social norms which perpetuate patriarchal structures. Accordingly, the article proposes that legal rulings on femicide reflect societal norms and traditional expectations on women’s roles in Turkish society through employing provocation defence. Consequently, law becomes complicit in femicide through provocation, and provocation could be seen as the legal system’s concession to patriarchy. (shrink)

This paper explores why victims who provoke their aggressors seem to compromise their right to self-defence. First, it argues that one proposed answer – the victims are partially responsible for the threats they face – fails. It faces counterexamples that it cannot adequately address. Second, the paper develops the Protective Duty View according to which we incur protective duties towards others when we interfere with their reasonable opportunities to avoid suffering harm. Since provokers wrongfully interfere with prospective aggressors’ opportunities to (...) avoid posing a threat and thus to be defensively harmed, they incur protective duties towards the aggressors. This can require that they significantly limit or even refrain from using defensive force. The paper ends by drawing out some of the implications of the Protective Duty View for issues related to war and punishment. (shrink)

There is a growing recognition of Levinas's importance. It can in part be attributed to an increasing concern that twentieth-century continental philosophy seems to have no place for ethics. In making ethics fundamental to philosophy, rather than a problem to which we might one day return, Levinas transforms continental thought. The book brings together some of the most interesting and far-reaching responses to the work of Levinas, in three different areas: contemporary feminism, psychotherapy, and Levinas's relation to other philosophers. It (...) includes a newly translated paper by Levinas on suffering, and a specially commissioned interview. (shrink)

The first detailed study of the effect of provocation on culpability in morality and law, this book traces the fascinating history of the legal doctrine of provocation, right up to present-day controversies over the scope of the doctrine's application in murder cases.

The daily work of the clinical ethics teacher and clinical ethics consultant falls into the routine of classifying clinical cases by ethical type and proposing ethically justified alternatives for the professionally responsible management of a specific type of case. Settling too far into this routine creates the risk of philosophical inertia, which is not good either for the clinical ethicist or for the field of clinical ethics. The antidote to this philosophical inertia and resultant blinkered vision of clinical ethics is (...) sustained, willing exposure to philosophical provocation. The papers in this clinical ethics issue of the Journal of Medicine and Philosophy provide just such philosophical provocation related to core topics in clinical ethics: the distinction between clinical practice and clinical research; telemedicine, or medicine at a distance; illness narratives; the concept of the placebo effect; and sex reassignment. (shrink)

Pithy, direct, and bold: essays that propose new ways to think about old problems, spanning a range of philosophical topics. In Philosophical Provocations, Colin McGinn offers a series of short, sharp essays that take on philosophical problems ranging from the concept of mind to paradox, altruism, and the relation between God and the Devil. Avoiding the usual scholarly apparatus and embracing a blunt pithiness, McGinn aims to achieve as much as possible in as short a space as possible while covering (...) as many topics as possible. Much academic philosophical writing today is long, leaden, citation heavy, dense with qualifications, and painful to read. The essays in Philosophical Provocations are short, direct, and engaging, often challenging philosophical orthodoxy as they consider issues in mind, language, knowledge, metaphysics, biology, ethics, and religion. McGinn is looking for new ways to think about old problems. Thus he writes, about consciousness, “I think we have been all wrong,” and goes on to suggest that both consciousness and the unconscious are mysteries. Summing up his proposal on altruism, he remarks, “My suggestion can now be stated, somewhat brutally, as follows: human altruism is the result of parasitic manipulation.” He takes a moment to reflect: “I really don't know why it is good to be alive, though I am convinced that the standard suggestions don't work.” McGinn gets straight to the point and states his position with maximum clarity. These essays offer provocative invitations to think again. (shrink)

Although the ‘metaverse’ is still the feverish pipedream of tech companies and venture capitalists, it is also a powerful imaginary for channelling enormous resources towards deepening and extending ongoing processes of digitalization and datafication. It is thus likely that an increasing amount of human activity – both professional as well as leisure-related – will take place in metaversal spaces, and that the paradigm of ‘Big Data’ is about to be expanded with massive amounts of new and varied or multimodal data (...) that capture even more (corporeal, sensorial, spatial, and temporal) information produced by and about people as well as their interactions as these unfold in (mixed) spaces over time. Much like the rise of big data, the emergence of metaversal data gives rise to important tensions and issues. From the perspective of critical data studies, media studies, and science and technology studies, this paper spotlights the role of data obtained about, in, and through metaverse technologies and environments as well as how this can be understood as both an intensification and extension of the datafication of social life, the quantification of research methodologies, and the exacerbation of social inequality. We discuss these issues through a series of six provocations that each address a distinct tension between metaverse data, the production of knowledge, research methodologies, and various social issues that are central to the datafication of contemporary societies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Catullan Provocations: Lyric Poetry and the Drama of PositionCarole E. NewlandsWilliam Fitzgerald. Catullan Provocations: Lyric Poetry and the Drama of Position. Berkeley, Los Angeles, and London: University of California Press, 1995. x 1 310 pp. Cloth, $45 (US), £35 (foreign). (Classics and Contemporary Thought, 1)Fitzgerald’s richly provocative book on Catullus is the first in a promising series edited by Tom Habinek entitled Classics and Contemporary Thought. As the (...) title Catullan Provocations suggests, Fitzgerald’s book and Catullus’ poetry are related in their provoking of readers to reflect on the specific nature of poetic practice. Fitzgerald aims to replace the Romantic construct of Catullus as the individualistic, confessional sufferer with a poet “who explores the terms and possibilities of the poetic licence we have given him” (236). Fitzgerald pursues three layers of argument in each chapter: he explores the positional drama that takes place between poet, poem, and reader in Catullus’ lyric poetry; he situates that poetry within a Roman cultural context, broadly defined; and he critically examines the agenda underlying modern constructs of Catullus. Yet for a book that self-consciously claims an innovative approach, Catullan Provocations is curiously lacking in attention to specifics of gender and readership.Fitzgerald’s methodology is ambitious. He reads together poems that are usually put in separate categories. For instance, in chapter 2 he groups with c. 2 not c. 3, the other sparrow poem, but c. 15 and c. 16 (along with references to other poems), on the grounds that all three poems engage the position of the reader in relationship to the poet’s teasing sexuality. This unconventional grouping is refreshing and forces us to examine entrenched preconceptions. However, Fitzgerald’s habit of often excerpting from the poems and treating them piecemeal sometimes makes the line of argument hard to follow. In addition, wrong citations within the text—poem 16 instead of poem 15 (48), poem 98 instead of poem 58 (79)—give the reader unnecessary provocation. His method depends on careful editing, and here the University of California Press has done Fitzgerald a disservice by omitting two or three columns—around 30 poems—from the “Index of Catullun [sic] Poems Cited.”Catullan Provocations performs a valuable task in undermining the narratives that underpin the traditional constructs of Catullus. In chapter 1 Fitzgerald provides an enjoyable critique of two aspects of the scholarly refashioning of Catullus: first, the anchoring of a varied collection of poems to a single novelistic psyche, and second, the relationship between the poet and the modern scholar who, in producing a master narrative of love and betrayal, becomes, so Fitzgerald suggests, a better substitute for Lesbia in his or her putative greater understanding of the poet. Fitzgerald concludes the book with an interesting examination in chapter 9 of the misogynistic response to Catullus’ poetry by recent creative writers.In the main chapters of the book (2 through 8) Fitzgerald removes the tormented individual from center stage and focuses on the aggressive poetics that [End Page 468] situate Catullus in relation to questions of masculinity, obscenity, urbanity, social and sexual hierarchies, and cultural identity. Through a daring range of linguistic and dramatic strategies Catullus plays with the ambiguous nature of the poet’s position and unsettles the rigid “positives” of Roman social relations, such as the aristocratic network of mutual obligations. These chapters are stimulating, particularly chapter 8, where Fitzgerald argues that not passion for Lesbia or grief for his brother so much as Catullus’ anxieties about his Transpadane origins produce the poet’s most daring experiments in poetic mode and form. However, Fitzgerald’s conscious decision to position Catullus’ poetry not specifically within the culture of the 60s and 50s B.C. but “more broadly in the culture of his time in order to describe the meeting of the lyric genre with Roman preoccupations and norms” (236) sometimes leads to a lack of historical specificity. Aesthetic considerations dominate ethical, social, and political concerns, and questions of publication, circulation, and actual performance within the turbulent cultural milieu of late Republican Rome are not addressed.In addition, Fitzgerald’s judgments are not always supported by full analysis of the poems in question, but rather... (shrink)

The article introduces some aspects of Levinas's writings which are important to review his reception within feminist circles. It then analyses his text `And God Created Woman', and shows to what extent his view of women can be criticized as being traditional and patriarchal. Finally, it deals with the relation between Levinas and feminism of difference, and rejects the idea that his theory can be effectively applied to move beyond the debate equality vs difference.

O'Connor and Wyatt use more than 250 color photographs and illustrations to help us break out of the linear mode and see the world differently.

The argument against innatism at the heart of Cognitive Gadgets is provocative but premature, and is vitiated by dichotomous thinking, interpretive double standards, and evidence cherry-picking. I illustrate my criticism by addressing the heritability of imitation and mindreading, the relevance of twin studies, and the meaning of cross-cultural differences in theory of mind development. Reaching an integrative understanding of genetic inheritance, plasticity, and learning is a formidable task that demands a more nuanced evolutionary approach.

While all of the great philosophers are difficult to read, Heidegger and Wittgenstein seem to be so in striking ways. Their writings are oddly reluctant to yield up to us what we might think of as ‘their philosophical claims’; and both seem to manifest an attitude towards argument unlike that of most contemporary philosophers. This paper will re-consider these features of Heidegger’s and Wittgenstein’s work in the light of some common themes in their understanding of philosophical confusion. Given that understanding, (...) writings that would combat such confusion must meet rather distinctive objectives and, as a result, may be required to take on rather distinctive forms. The paper will explore these possibilities, drawing, in particular, on the motif of ‘recollection’ upon which both Heidegger and Wittgenstein draw, Heidegger's scattered remarks on 'formal indication', and The Sophist lectures’ discussion of Platonic dialectic. (shrink)

Wendy Brown, States of Injury: Power and Freedom in Late Modernity; and Jodi Dean, Solidarity of Strangers: Feminism after Identity PoliticsK. Anthony Appiah and Amy Gutmann, Color Conscious: The Political Morality of RaceKimberly Hutchings, Kant: Critique and Politics.

In the heyday of functionalist sociology and anthropology it was common to speak of the 'functional requisites' or basic functions of societies, one of which was what Parsons called pattern maintenance, a term which referred primarily to the reproduction of social practices through the socialization of children. Marxists speak of the base of social formations, and include in this the reproduction of capitalist work relations. A common thread in the two concepts is the thought that there are necessary conditions for (...) the continuation of a given social form which are not 'external' but are integral to the social form itself. Academics and scientists arc in the business of mastering a tradition and passing it on, so one may ask an analogous question about the reproduction of academic or scientific perspectives: what is required for the continuation or reproduction of an academic or scientific perspective, and how does this 'requisite' exert a selective effect between perspectives in given environments? (shrink)

This essay responds to the Nancean account of presentation, evoked in the opening citation, in order to trace out in Nancy's enquiries a disruption of Husserlian presentation, and a re-thinking of materiality on the edge of classical phenomenology. It stages a non-encounter between the writings of Jean-Luc Nancy and of Jacques Derrida in relation to a third term, the Lacanian conception of the ‘real’. Thereby it can be shown how these writings touch on each other, in response to phenomenology and (...) to psychoanalytical theory, but do not engage. All the same, the claim to be made is that the writings of Nancy and Derrida converge in forming a third option, alongside the secularised phenomenologies of Sartre and Merleau-Ponty and the Christian phenomenologies of Jean-Luc Marion and Michel Henry, by marking up the event of Lacan's reformulation of Freud's psychoanalytical theorising. (shrink)

Reflections on the linkage between and the provocative force of problems in the analogy of city and soul, in the simile-bound characterization of the Good, and in the performative tension between what Plato has Socrates say about the philosopher's disinclination to descend into the city and what he has Socrates do in descending into the Piraeus to teach, with a closing recognition of the analogy between Socratic teaching and Platonic writing.

Most academics write in a dispassionate, third-person voice. That stylistic choice is so expected in academic contexts that when an evocative, first-person voice is used instead, it feels unsettling and out of place to many of us. But why should we react so negatively to such a subversion of expectations? Is it because of the subversion itself, or is it because of an inherent incompatibility between evocative writing and realist analytical traditions? In this paper I’ll show that the freedom of (...) first-person, evocative writing in autoethnography is a strength to be embraced rather than something to be avoided. I’ll further show how offering readers a more complete sensory understanding of experience and meaning isn’t incompatible with realist analytical traditions. I will do this through an exploration of my current research on childhood sexual abuse, which has inspired me to set aside my initial unease with evocative writing and embark on a journey from autoethnographic skeptic to advocate. (shrink)

Several personality dispositions with common features capturing sensitivities to negative social cues have recently been introduced into psychological research. To date, however, little is known about their interrelations, their conjoint effects on behavior, or their interplay with other risk factors. We asked N = 349 adults from Germany to rate their justice, rejection, moral disgust, and provocation sensitivity, hostile attribution bias, trait anger, and forms and functions of aggression. The sensitivity measures were mostly positively correlated; particularly those with an (...) egoistic focus, such as victim justice, rejection, and provocation sensitivity, hostile attributions and trait anger as well as those with an altruistic focus, such as observer justice, perpetrator justice, and moral disgust sensitivity. The sensitivity measures had independent and differential effects on forms and functions of aggression when considered simultaneously and when controlling for hostile attributions and anger. They could not be integrated into a single factor of interpersonal sensitivity or reduced to other well-known risk factors for aggression. The sensitivity measures, therefore, require consideration in predicting and preventing aggression. (shrink)

There are cases where we think that poor offenders should not be held criminally responsible or punished to the same extent as non-poor (and, a fortiori, privileged) ones. Despite sharing this judgment, philosophers have offered different accounts of why or how poverty matters for criminal responsibility or penal judgments. In this paper, I present a new account of how poverty matters for criminal responsibility and corresponding penal judgments. The crux of the argument is this: a reasonable person who is trapped (...) in poverty can be (and sometimes is) provoked to offend following reasonable emotional reactions prompted by how that person is treated while in poverty. Call this the provocation view. I discuss how this view applies to some of the cases where poor citizens offend, address some objections against it, and briefly explain why provocation aims to supplement, rather than supplant or subsume other normative accounts which argue that poor offenders are (or should be held) less criminally responsible or be punished more leniently than non-poor ones. (shrink)

Since their publication, the Muhammad cartoons featured in Jyllands Posten and Charlie Hebdo have become a symbol of free speech and Western values. These cartoons used provocation as a tool to discuss the limits of free speech and the scope of social self-censorship. In a just society, should the possibility of laughter be distributed equally? Should cartoonists and editors only publish jokes that are universally laughable? What is the proper reaction to these kinds of provocative jokes once the possibility (...) of censorship is ruled out in a liberal context? Is counterspeech or even cancellation a legitimate response? (shrink)

What follows is a series of provocations, loosely interconnected, centered on the ambiguous relationship between liberalism and fascism in our age of democratic decline. Together they seek to trouble the established binaries and analytic frameworks that would position liberalism and fascism as antithetical and suggest instead that both emerge from the same condition of possibility: imperial racialism. In doing so, they reflect on the discursive function of fascism in sustaining liberal democracy as a project of white supremacy.

Psychogenic non epileptic seizures (PNES) are clinical events of psychological nature. Video-electroencephalography monitoring (V-EEGM) is a valuable method for the diagnosis of PNES and may be combined with provocative tests to induce seizures. The use of placebo in provocative tests for the diagnosis of PNES is controversial because of associated deception, and contrasts with the use of truly decreasing epileptogenic threshold techniques such as hyperventilation and photo stimulation. We present a clinical case of a pregnant woman with a past history (...) of refractory epilepsy, admitted in the obstetric department due to unremitting seizures. In this clinical context, non-deceiving provocative tests such as hyperventilation and photo stimulation could be potentially harmful, nevertheless, the use of intravenous saline injection presented as a safer alternative to diagnose PNES and hence obviate an urgent caesarean. This case illustrates a disproportionate risk of causing harm when telling the truth, in comparison with the benefit of avoiding such risk, although deceiving the patient. This is a clinical example of how considerations concerning the use of placebo must be evaluated in an individual basis. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:ProvocationsHerbert Fingarette (bio)Our Other LifeWe live, each of us, two interconnected lives. One we respect and take seriously. The other we dismiss as fantastical, accidental, and wholly unreal. I refer here, of course, to our waking life and our dream life.My concern with the dream life is not the one that has occasional popularity—the dream as the embodiment of rather arcane symbols which decipher into messages about our deep (...) unconscious life. Freud and others who have interpreted dreams in this way may have a point. But in any case it is not the point I want to make here.What is a dream, after all? It is an experience, an experience we live through. Often it has an intensity that surpasses the intensity with which we live our waking experience. Often the experience embodies flights of fantasy and imagination that are both amazing and wholly untypical of our experience in waking life.Whence come these startling, fantastic situations that we live when asleep? There is only one possible answer, the obvious one. They come from us. The dreamer is the creator. If there is amazing novelty, it is the dreamer whose imagination has created this.The dream-life is an often powerful, evocative, imaginative world which we create and in which we live a substantial part of our life. Why do we dismiss it?One obvious reason, perhaps the sole and only necessary reason, is that what happens in the dream is disconnected with the structure and content of our waking life. We view it as "unreal," and refer to waking life as "real" life.Yet a moment's reconsideration reveals that both of these lives are "real," they really happen, we really experience them. The difference lies not in their reality but in the seeming incompatibility of the two. What happens in the dream is not consistently continued when we wake. Moreover the way things happen in a dream is often strikingly different from the way they happen when we're awake. In my dream I am in one place, and then instantaneously in a very distant place. The person I dream is my mother but also my grown daughter, and yet at the next moment my daughter at a childhood age. [End Page 861]I live exciting, fearful, and strange situations in which I am being attacked. Such things have never happened in my waking life. I dream that I'm a professor who realizes he is grossly late for his class, and can't remember what the assignment was or what I am to lecture on. In my waking life I am also a professor, but I've rarely been late for class, and never have forgotten the assignment or the lecture material.Yes, there is at times an obvious connection—my role as professor, the identity of someone as my mother or daughter. But what happens, and the way it happens in one life are dramatically unlike and disconnected with the other life.Why should I dismiss my dream life? It constitutes a goodly portion of my total life. I live it. I feel it, I react emotionally. It reveals an extraordinarily free and intense imagination that I largely fail to use when awake. What if the question were put to one, but without context or prejudgments: Which life would you find more interesting, challenging, exciting—day life or dream life? Try to think about that question in its own terms, without bias.Am I proposing something contrary to human nature? Not at all. We know there are cultures ("primitive?") in which dream life is viewed as an important, meaningful dimension of one's existence. We in the contemporary Western world are the exceptions. We dismiss this other life of ours. As a result, we fail to fully appreciate it in its own right.Indeed, as I've said, there are often connections. One needs no arcane theory of unconscious symbols to recognize this in my professorial dream. My embarrassing dream life as an unprepared professor is obviously related to my quasi-obsessive concern when awake to be prompt and thoroughly prepared. Clearly, in this regard, my two lives form a... (shrink)