Abstract: In 1934, Karl N. Llewellyn published a lively essay trumpeting the dawn of legal realism, “On Philosophy in American Law.” The charm of his defective little piece is its style and audacity. A philosopher might be seduced into reading Llewellyn’s essay by its title; but one soon learns that by “philosophy” Llewellyn only meant “atmosphere”. His concerns were the “general approaches” taken by practitioners, who may not even be aware of having general approaches. Llewellyn paired an anemic concept of philosophy with a pumped-up conception of law. Llewellyn’s “law” included anything that reflects the “ways of the law guild at large” – judges, legislators, regulators, and enforcers. Llewellyn argued that the legal philosophies implicit in American legal practice had been natural law, positivism and realism, each adopted in response to felt needs of a time. We must reckon with many other implicit “philosophies” to understand the workings of the law guild, not the least of which has been racism. Others, maternalism and paternalism, my foci here, persist in American law, despite women’s progress toward equality. Both maternalism and paternalism were strikingly present in a recent decision of the U.S. Supreme Court, Gonzales v. Carhart, upholding the federal Partial-Birth Abortion Ban Act.
Beyond Wrong Reasons: The Buck-Passing Account of Value
Abstract: In section I, I will show that the Buck-Passing Account (BPA) is not as obviously a successor of the fitting-attitude analysis (for short: FA analysis) of value as some have thought. The much discussed wrong-kind-of-reasons (for short: WKR) problem afflicts buck-passing only in so far as it incorporates a version of Fitting Attitude (FA) analysis, or at any rate is expressed in terms of reasons for attitudes. There can be a buck-passing account of value which is not affected by the problem: one that limits the account to reasons for actions. However, insofar as BPA does inherit elements of FA analysis, it also has a WKR problem. In section II, I will discuss this problem and its solution. I will show that it has been misidentified in the current literature, and that – once we understand the problem correctly – its solution is likely to be unavailable to the buck-passer. Hence we should reject any account of BPA that incorporates FA analysis. That leaves us with versions which do not: versions that formulate BPA+ in terms of reasons for actions only, rather than reasons for attitudes. Finally, in section III, I will discuss at least briefly why buck-passing seemed to be appealing to begin with, and whether a version of BPA that does not incorporate FA analysis is a viable contender of the account – beyond the WKR problem.
Pornography, Art and Porno-Art
Abstract: Philosophers involved in the ‘porn-or-art’ debates standardly assume that pornography is centrally about sexual arousal, while art is about something else. I argue against this assumption and for the view that there is no single thing that pornography (or art) ‘is about’. This suggests that there is no prima facie reason for claiming that some x cannot be both pornography and art. I further go on to develop an understanding of (what I call) ‘porno-art’ – a wholly new kind of thing developing from the extant categories of pornography and art, but still distinct and separate from them.
Exclusivism and Evaluation: Art, Erotica and Pornography
Content: Patridge discusses and rejects some of the main arguments for the exclusivist thesis that no pornography can be art: Levinson’s, Mag Uidhir’s, and one based on Rea’s definition of pornography. In doing so, she offers a useful overview of some other arguments already used against those authors. This leads her to conclude that at least some pornography can be art. A normative question follows: should we treat pornography as art? Given the high cultural status of art, and the often unethical nature of pornography, doing so might lead us to promoting unethical attitudes. She finds such treatment too unselective: at least some pornography isn’t morally problematic (and some of it can actually be morally laudable), while much of art, including erotic art, definitely is. But consumption of pornography cannot be taken out of our paternalistic and sexist cultural context. As most pornography is inegalitarian and expresses (and possibly promotes) harmful attitudes towards women, enjoying it constitutes a moral flaw. This is true even if the consumer is never inspired to actually harm women – in those cases enjoyment of pornography constitutes moral obliviousness, a ‘failure of sensitivity and solidarity with the victims of such imagery’ (54) similar to taking enjoyment in racist jokes.
Why Do Porn Films Suck?
Content: The authors present ‘the paradox of porn’: pornography seems to score very highly on various evaluative criteria which make art good (e.g. ability to elicit strong emotions), and has features similar to great art (e.g. ‘Brechtian’ acting, idealisation of the human body), yet is rarely consider art. They proceed to discuss some arguments for the exclusivist thesis, suggesting that they ‘reflect a limited knowledge of or experience with pornography’ (168). A review of various types of non-mainstream porn leads them to claim that the division between pornography and art is a false dichotomy. Section 3 revisits the paradox, offering an analysis of various reasons which could lead to so little porn being (considered) art. After rejecting most of the common arguments, the authors suggest that a great majority of porn is not art for purely contingent reasons: very few pornographers even try to pursue that possibility. But pornography has the potential to be great art, and section 4 explores the ways in which it could.
A Sustainable Definition of “Art”
Content: Eaton begins with some remarks on the practical need for classification of art and proceeds to present and improve her definition. Her focus is not on specific properties of artworks, but on the fact that they possess properties which within a given culture are considered worth attending to. The modifications made to the theory follow a realisation of Western-centric bias embedded in the original formulation, and the discussion explicitly aims to work towards a definition which acknowledges the cultural differences in art production and appreciation. Eaton moves on to discuss Danto’s and Cohen’s claims that art cannot be defined and points out some Western-centric aspects of their arguments. The paper ends with an overview of what it is for art and its definition to be sustainable.
The Many-Layered Aesthetics of African Art
Content: Wingo contrasts the traditional Western approaches to art classification with some African traditions in which what gives art its status is the social context in which it is situated, the community that art creates. He reviews some of the ways in which art is approached in those cultures, focusing on its functional, everyday character and sensual nature. Art is not meant for disinterested intellectual contemplation, but for sense experience, and should have the capacity to really move its audience. Similarly, the forms of African art are often different, including mask and costume making and dance. Wingo offers an overview of ways in which such works can be embedded in other cultural practices, and discusses how they are commonly perceived and approached.
Glaring Omissions in Traditional Theories of Art
Abstract: I investigate the role of feminist theorizing in relation to traditionally-based aesthetics. Feminist artworks have arisen within the context of a patriarchal Artworld dominated for thousands of years by male artists, critics, theorists, and philosophers. I look at the history of that context as it impacts philosophical theorizing by pinpointing the narrow range of the paradigms used in defining “art.” I test the plausibility of Danto’s After the End of Art vision of a post-historical, pluralistic future in which “anything goes,” a future that unfortunately rests upon the same outdated foundation as the concept “art.”.