Latest additions
Sommers, Roseanna. Commonsense Consent
2020, Yale Law Journal, 2232
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Added by: Tomasz Zyglewicz, Shannon Brick, Michael GreerAbstract:
Consent is a bedrock principle in democratic society and a primary means through which our law expresses its commitment to individual liberty. While there seems to be broad consensus that consent is important, little is known about what people think consent is. This article undertakes an empirical investigation of people’s ordinary intuitions about when consent has been granted. Using techniques from moral psychology and experimental philosophy, it advances the core claim that most laypeople think consent is compatible with fraud, contradicting prevailing normative theories of consent. This empirical phenomenon is observed across over two dozen scenarios spanning numerous contexts in which consent is legally salient, including sex, surgery, participation in medical research, warrantless searches by police, and contracts. Armed with this empirical finding, this Article revisits a longstanding legal puzzle about why the law refuses to treat fraudulently procured consent to sexual intercourse as rape. It exposes how prevailing explanations for this puzzle have focused too narrowly on sex. It suggests instead that the law may be influenced by the commonsense understanding of consent in all sorts of domains, including and beyond sexual consent. Meanwhile, the discovery of “commonsense consent” allows us to see that the problem is much deeper and more pervasive than previous commentators have realized. The findings expose a large—and largely unrecognized—disconnect between commonsense intuition and the dominant philosophical conception of consent. The Article thus grapples with the relationship between folk morality, normative theory, and the law.Comment (from this Blueprint): Content warning: details of rape. This article presents a series of experimental studies that have an important result for understanding a legal puzzle that has plagued many feminist theorists. Sommers argues that the dominant explanation of the puzzle has been wrongly diagnosed by feminist theorists, and that attention to folk intuitions about the nature of consent can explain the law's inconsistent treatment of consent that is procured by deception.
Schwartzman, Lisa. Intuition, Thought Experiments, and Philosophical Method: Feminism and Experimental Philosophy
2012, Journal of Social Philosophy 43 (3): 307-316
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Added by: Tomasz Zyglewicz, Shannon Brick, Michael GreerAbstract:
Contemporary analytic philosophers often employ thought experiments in arguing for or against a philosophical position. These abstract, counterfactual scenarios draw on our intuitions to illustrate the force of a particular argument or to demonstrate that a certain position is untenable. Political theorists, for instance, employ Rawls's “original position” to illustrate the power of “justice as fairness,” and epistemologists raise “Gettier cases” to problematize a standard definition of knowledge. Although not all philosophers proceed in this manner, such methods are common in many areas of contemporary analytic philosophy...Comment (from this Blueprint): Schwartzman mounts a critical argument about x-phi's feminist potential. She argues that the sorts of methods that are central to much x-phi are uncritical of the ways in which intuitions can be shaped by a variety of prejudicial and ideological forces, and are unable to reveal the existence of the sort of structural injustice that is responsible for professional philosophy's radically unrepresentative demographics. Importantly, along the way she recruits empirical work about the nature of implicit bias and stereotype threat.
Pohlhaus, Gaile. Different Voices, Perfect Storms, and Asking Grandma What She Thinks
2015, Feminist Philosophy Quarterly 1 (1): 1-24
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Added by: Tomasz Zyglewicz, Shannon Brick, Michael GreerAbstract:
At first glance it might appear that experimental philosophers and feminist philosophers would make good allies. Nonetheless, experimental philosophy has received criticism from feminist fronts, both for its methodology and for some of its guiding assumptions. Adding to this critical literature, I raise questions concerning the ways in which “differences” in intuitions are employed in experimental philosophy. Specifically, I distinguish between two ways in which differences in intuitions might play a role in philosophical practice, one which puts an end to philosophical conversation and the other which provides impetus for beginning one. Insofar as experimental philosophers are engaged in deploying “differences” in intuitions in the former rather than the latter sense, I argue that their approach is antithetical to feminist projects. Moreover, this is even the case when experimental philosophers deploy “differences” in intuitions along lines of gender.Comment (from this Blueprint): Pohlhaus begins by presenting her argument as a critical response to both Buckwalter and Stich's controversial article, and Antony's (2012) reply to it. What follows is an argument about the way x-phi practicioners have failed to fully incorporate feminist insights about the significance of intuition difference. For Pohlhaus, a discovery that some one or some groups has a different intuitive response to one's own is the jumping off point for a potentially transformative conversation, rather than a result that either puts to rest a philosophical concept, or needs to be explained away.
Seyedsayamdost, Hamid. On Gender and Philosophical Intuition: Failure of Replication and Other Negative Results
2015, Philosophical Psychology 28 (5), 642-673
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Added by: Tomasz Zyglewicz, Shannon Brick, Michael GreerAbstract:
In their paper titled Gender and Philosophical Intuition, Wesley Buckwalter & Stephen Stich argue that the intuitions of women and men differ significantly on various types of philosophical questions. Furthermore, men’s intuitions, so the authors, are more in line with traditionally accepted solutions of classical problems. This inherent bias, so the argument, is one of the factors that leads more men than women to pursue degrees and careers in philosophy. These findings have received a considerable amount of attention and the paper is to appear in the second edition of Experiment Philosophy edited by Joshua Knobe & Shaun Nichols, which itself is an influential outlet. Given the exposure of these results, we attempted to replicate three of the classes of questions that Buckwalter & Stich review in their paper and for which they report significant differences. We failed to replicate the results using two different sources for data collection (one being identical to the original procedures). Given our results, we do not believe that the outcomes from Buckwalter & Stich (forthcoming) that we examined are robust. That is, men and women do not seem to differ significantly in their intuitive responses to these philosophical scenarios.Comment (from this Blueprint): Hamid Seyedsayamdost presents the results of the replications of three classes of studies invoked by Buckwalter and Stich in support of the claim that philosophical intuitions vary across gender. Most of the studies fail to replicate the original results. Although the paper is rather technical in focus, working through (some parts of) it may help the readers better understand the methodology of x-phi and assess the credibility of results published in x-phi papers.
Beebee, Helen, McCallion, Anne-Marie. In Defence of Different Voices
2020, Symposion 7(2), 149-177
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Added by: Tomasz Zyglewicz, Shannon Brick, Michael GreerAbstract:
Louise Antony draws a now well-known distinction between two explanatory models for researching and addressing the issue of women’s underrepresentation in philosophy – the ‘Different Voices’ (DV) and ‘Perfect Storm’ (PS) models – and argues that, in view of PS’s considerably higher social value, DV should be abandoned. We argue that Antony misunderstands the feminist framework that she takes to underpin DV, and we reconceptualise DV in a way that aligns with a proper understanding of the metaphilosophical framework that underpins it. On the basis of that reconceptualisation – together with the rejection of her claim that DV posits ‘cognitive’ differences between women and men – we argue that Antony’s negative assessment of DV’s social value is mistaken. And, we argue, this conclusion does not depend on endorsing the relevant feminist metaphilosophical framework. Whatever our metaphilosophical commitments, then, we should all agree that DV research should be actively pursued rather than abandoned.Comment (from this Blueprint): Helen Beebee and Anne-Marie McCallion argue that Antony misunderstands the conceptual commitments of the different voices model. Once the confusion is removed, the authors claim, it becomes clear that its pursuit is of positive social value.
Antony, Louise. Different Voices or Perfect Storm: Why are there so few women in philosophy?
2012, Journal of Social Philosophy 43 (3): 227-255
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Added by: Tomasz Zyglewicz, Shannon Brick, Michael GreerAbstract:
Women are significantly underrepresented in philosophy. Although women garner a little more than half of the PhDs awarded in the United States, and about 53 percent of those awarded in the Arts and Humanities, slightly fewer than 30 percent of doctorates in philosophy are awarded to women. And women’s representation in the professoriate falls below that. Why is philosophy so exceptional in this regard? My aim in this paper is not to answer this question but to contrast two different frameworks for addressing it. I call one model “Different Voices” and the other “The Perfect Storm”; I’ll argue that we ought to adopt the secondmodel and that we ought to abandon the first.Comment (from this Blueprint): Louise Antony distinguishes between two types of explanation of the gender disparity in philosophy: “different voices” and “perfect storm.” The latter – Antony’s preferred model – explains the disparity in terms of the convergence of non-domain specific phenomena: academic philosophy features a unique combination of factors hampering women’s success. The former, in turn, appeals to the different ways in which men and women think. According to Antony, the different voices model is not only empirically unsupported, but also its very pursuit could have negative social consequences. Her paper also features an extensive critique of Buckwalter & Stich’s paper, both from a methodological and from a feminist perspective. As such, it offers important lessons as to how feminist x-phi should be practiced.
Gruen, Lori. Animals
1991, In Peter Singer (ed.) A Companion to Ethics, Blackwell Publishers: Oxford, Malden, 343-353
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Added by: Björn FreterAbstract:
While there are different philosophical principles that may help in deciding how we ought to treat animals, one strand runs through all those that withstand critical scrutiny: we ought not to treat animals the way we, as a society, are treating them now. We are very rarely faced with lifeboat decisions: our moral choices are not usually ones that exist in extremes. It simply isn’t the case that I will suffer great harm without a fur coat or a leg of lamb. The choice between our baby and our dog is one that virtually none of us will be forced to make. The hypothetical realm is one where we can clarify and refine our moral intuitions and principles, but our choices and the suffering of billions of animals are not hypothetical. However the lines are drawn, there are no defensible grounds for treating animals in any way other than as beings worthy of moral consideration.Comment (from this Blueprint): Introduction into basic questions of (non-human) animal ethics.
Donaldson, Sue, Kymlicka, Will. Zoopolis: A Political Theory of Animal Rights
2011, Oxford University Press
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Added by: Björn FreterPublisher’s Note:
Zoopolis offers a new agenda for the theory and practice of animal rights. Most animal rights theory focuses on the intrinsic capacities or interests of animals, and the moral status and moral rights that these intrinsic characteristics give rise to. Zoopolis shifts the debate from the realm of moral theory and applied ethics to the realm of political theory, focusing on the relational obligations that arise from the varied ways that animals relate to human societies and institutions. Building on recent developments in the political theory of group-differentiated citizenship, Zoopolis introduces us to the genuine "political animal". It argues that different types of animals stand in different relationships to human political communities. Domesticated animals should be seen as full members of human-animal mixed communities, participating in the cooperative project of shared citizenship. Wilderness animals, by contrast, form their own sovereign communities entitled to protection against colonization, invasion, domination and other threats to self-determination. `Liminal' animals who are wild but live in the midst of human settlement (such as crows or raccoons) should be seen as "denizens", resident of our societies, but not fully included in rights and responsibilities of citizenship. To all of these animals we owe respect for their basic inviolable rights. But we inevitably and appropriately have very different relations with them, with different types of obligations. Humans and animals are inextricably bound in a complex web of relationships, and Zoopolis offers an original and profoundly affirmative vision of how to ground this complex web of relations on principles of justice and compassion.Comment (from this Blueprint): An introduction to the groundbreaking theory of Zoopolis focussing on developing a political vision of human aninmals and non-human animals living together.
McKenna, Erin. Living with Animals: Rights, Responsibilities, and Respect
2020, Rowman and Littlefield
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Added by: Björn FreterPublisher’s Note:
Living with Animals brings a pragmatist ecofeminist perspective to discussions around animal rights, animal welfare, and animal ethics to move the conversation beyond simple use or non-use decisions. Erin McKenna uses a case study approach with select species to question how humans should live and interact with various animal beings through specific instances of such relationships. Addressing standard topics such as the use of animals for food, use for biomedical research, use in entertainment, use as companions, use as captive specimens in zoos, and use in hunting and ecotourism through a revolutionary pluralist and experimental approach, McKenna provides an uncommonly nuanced accounts for complex relationships and changing circumstances. Rather than seek absolute moral stands regarding human relationships with other animal beings, and rather than trying to end such relationships altogether, the books urges us to make existing relations better.Comment (from this Blueprint): This chapter provides philosophical arguments for a better understanding of the complexity of human relationships with other animal beings through a pragmatist and ecofeminist lens.
Joy, Melanie. Why we Love Dogs, Eat Pigs and Wear Cows
2009, Red Wheel
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Added by: Björn FreterPublisher’s Note:
Why We Love Dogs, Eat Pigs, and Wear Cows offers an absorbing look at what social psychologist Melanie Joy calls carnism, the belief system that conditions us to eat certain animals when we would never dream of eating others. Carnism causes extensive animal suffering and global injustice, and it drives us to act against our own interests and the interests of others without fully realizing what we are doing. Becoming aware of what carnism is and how it functions is vital to personal empowerment and social transformation, as it enables us to make our food choices more freely—because without awareness, there is no free choice.Comment (from this Blueprint): Introduction to Joy's concept of carnism, the invisible but dominant paradigm used to defend meat consumption; argues against carnism, by showing that there is indeed a problem with eating non-human animals, that meat eating is not necessarily to be understood as normal, that carnism prevents the cognitive dissonance (of caring for animals and at the same time consuming them) by re-defining non-human animals as objects.