Harding, Sarah. Justifying Repatriation of Native American Cultural Property
1997, Indiana Law Journal 72(3): 723-74.
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Added by: Erich Hatala Matthes
Summary: Harding's article offer an in-depth look at the theoretical justification for the Native American Grave Protection and Repatriation Act (NAGPRA) of 1990, paying special attention to the category of "cultural patrimony" under which non-funerary artworks will often fall if they are subject to NAGPRA. The paper focuses on three different approaches to justifying repatriation: in terms of compensation for historical injustices, the value of an object to a community, and challenging the very possibility of ownership of cultural patrimony. Harding ultimately favors this final approach, suggesting a stewardship model on which we all have obligations with respect to the protection of cultural property.Comment : This is a long law review article, and so is best for more advanced classes. It is a useful text for instructors who are interested in exploring cultural property issues in a legal but philosophically informed context. One can also assign only certain sections focusing on particular issues. For a shorter article that also promotes a stewardship model, the Warren paper is a good substitute, though not likewise embedded in the legal issues (and written before the passage of NAGPRA).Harman, Elizabeth. Does moral ignorance exculpate?2011, Ratio 24 (4):443-468.-
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Added by: Clotilde Torregrossa, Contributed by: Corbin Covington
Abstract: Non-moral ignorance can exculpate: if Anne spoons cyanide into Bill's coffee, but thinks she is spooning sugar, then Anne may be blameless for poisoning Bill. Gideon Rosen argues that moral ignorance can also exculpate: if one does not believe that one's action is wrong, and one has not mismanaged one's beliefs, then one is blameless for acting wrongly. On his view, many apparently blameworthy actions are blameless. I discuss several objections to Rosen. I then propose an alternative view on which many agents who act wrongly are blameworthy despite believing they are acting morally permissibly, and despite not having mismanaged their moral beliefs.1Harman, Elizabeth. Can we harm and benefit in creating?2004,-
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Added by: Clotilde Torregrossa, Contributed by: Simon Fokt
Abstract: The non-identity problem concerns actions that affect who exists in the future. If such an action is performed, certain people will exist in the future who would not otherwise have existed: they are not identical to any of the people who would have existed if the action had not been performed. Some of these actions seem to be wrong, and they seem to be wrong in virtue of harming the very future individuals whose existence is dependent on their having been performed. The problem arises when it is argued that the actions do not harm these people - because the actions do not make them worse off than they would otherwise be.1 Consider: Radioactive Waste Policy: We are trying to decide whether to adopt a permissive radioactive waste policy. This policy would be less inconvenient to us than our existing practices. If we enact the newly-proposed policy, then we will cause there to be radioactive pollution that will cause illness and suffering. However, the policy will have such significant effects on public policy and industry functioning, that different people will exist in the future depending on whether we enact the policy. Two things should be emphasized. First, the illness and suffering caused will be very serious: deformed babies, children with burns from acid rain, and adults dying young from cancer. Second, the policy will affect who will exist in the future because our present practices invade people's everyday lives, for example by affecting recycling practices in the home; these practices will change if the policy is adopted. Furthermore, whether we adopt the policy will determine which plants are built where, what jobs are available, and what trucks are on the road. These effects will create small differences in everyone's lives which ultimately affect who meets whom and who conceives with whom, or at least when people conceive. This affects who exists in the future.Harman, Elizabeth. Creation Ethics: The Moral Status of Early Fetuses and the Ethics of Abortion1999, Philosophy and Public Affairs 28 (4):310-324.-
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Added by: Clotilde Torregrossa, Contributed by: Simon Fokt
Introduction: There has been considerable discussion of the moral status of early fetuses and the ethics of the choice whether to abort a pregnancy. But one tenable view about the moral status of early fetuses has been regularly ignored. As a consequence, a very liberal view about the ethics of abortion is more attractive than has previously been thought. Let us use the term 'early fetus' as follows: (1) 'early fetus': a fetus before it has any intrinsic properties that themselves confer moral status on the fetus. I assume that there is a nonnegligible period of time in which fetuses are early fetuses in my sense; it may be as short as a few weeks or as long as several months, depending on which intrinsic properties can them- selves confer moral status. One plausible view says that an early fetus is a fetus before it has any conscious experience and before it can properly be described as the subject of experience.Harman, Elizabeth. The potentiality problem2003, Philosophical Studies 114 (1-2):173 - 198.-
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Added by: Clotilde Torregrossa, Contributed by: Simon Fokt
Abstract: Many people face a problem about potentiality: their moral beliefs appear to dictate inconsistent views about the signifcance of the potentiality to become a healthy adult. Briefy, the problem arises as follows. Consider the following two claims. First, both human babies and cats have moral status, but harms to babies matter more, morally, than similar harms to cats. Second, early human embryos lack moral status. It appears that the first claim can only be true if human babies have more moral status than cats. Among the properties that determine moral status, human babies have no properties other than their potentiality that could explain their having more moral status than cats. So human babies' potentiality to become adult persons must explain their having more moral status than cats. But then potentiality must raise moral status generally. So early human embryos must have some moral status. It appears that the view that must underlie the first claim implies that the second claim is false.Harris, Leonard (ed.). The Critical Pragmatism of Alain Locke a Reader on Value Theory, Aesthetics, Community, Culture, Race, and Education1999, Rowman & Littlefield Publishers.-
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Added by: Chris Blake-Turner, Contributed by: Lydia Patton
Publisher's Note: In its comprehensive overview of Alain Locke's pragmatist philosophy this book captures the radical implications of Locke's approach within pragmatism, the critical temper embedded in Locke's works, the central role of power and empowerment of the oppressed and the concept of broad democracy Locke employedComment : Alain Locke (1885-1954) founded the philosophy department at Howard University. (The department is still housed in Locke hall, named for Alain, not John!) He was a pragmatist philosopher, who wrote on cultural relativism, pragmatism, and values. He is best known for his role as an aesthetic scholar of the Harlem Renaissance, but this work has deep connections to his work on the theory of race, on value theory and cultural relativism, and on pragmatism. (See the introductions to the anthologies above for more details.) Locke is an under-appreciated scholar of historical and philosophical significance. His work would provide excellent readings for courses in value theory, ethics and meta-ethics, aesthetics, pragmatism, and the philosophy of race, but would also be interesting reading for courses in epistemology, for instance, given his original stance on relativism, and his pragmatism about truth.Hartley, Christie, Watson, Lori. Equal Citizenship and Public Reason. A Feminist Political Liberalism2018, New York: Oxford University Press-
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Added by: Björn Freter, Contributed by: Saranga Sudarshan
Publisher's Note: This book is a defense of political liberalism as a feminist liberalism. The first half of the book develops and defends a novel interpretation of political liberalism. It is argued that political liberals should accept a restrictive account of public reason and that political liberals' account of public justification is superior to the leading alternative, the convergence account of public justification. The view is defended from the charge that such a restrictive account of public reason will unduly threaten or undermine the integrity of some religiously oriented citizens and an account of when political liberals can recognize exemptions, including religious exemptions, from generally applicable laws is offered. In the second half of the book, it is argued that political liberalism's core commitments restrict all reasonable conceptions of justice to those that secure genuine, substantive equality for women and other marginalized groups. Here it is demonstrated how public reason arguments can be used to support law and policy needed to address historical sites of women's subordination in order to advance equality; prostitution, the gendered division of labor and marriage, in particular, are considered.
Comment : Defends Rawlisan Political Liberalism on feminist grounds, contrary to many longstanding critiques of Rawls's views.Hartman, Saidiya. Venus in Two Acts2008, Small Axe, 12 (2): 1–14-
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Added by: Tomasz Zyglewicz, Shannon Brick, Michael GreerAbstract:
This essay examines the ubiquitous presence of Venus in the archive of Atlantic slavery and wrestles with the impossibility of discovering anything about her that hasn't already been stated. As an emblematic figure of the enslaved woman in the Atlantic world, Venus makes plain the convergence of terror and pleasure in the libidinal economy of slavery and, as well, the intimacy of history with the scandal and excess of literature. In writing at the limit of the unspeakable and the unknown, the essay mimes the violence of the archive and attempts to redress it by describing as fully as possible the conditions that determine the appearance of Venus and that dictate her silence.Comment (from this Blueprint): Content warning: very explicit details of cruelties of slavery, sexual assault. In this seminal black feminist theory text, the Foucauldian scholar Saidiya Hartman considers the “archive” which is what she terms the collection of historical evidence that one writes about the past with. She reckons with the difficulty and ethics of writing about past figures and people who were subject to immense violence, degradation and oppression, since often the only records left of their existence are those written or approved by their oppressors or people who were complict in their oppression, and those records are often at best only caricatures of the person they pretend to represent.Haslanger, Sally. Gender and Race: (What) Are They? (What) Do We Want Them To Be?2000, Nous 34(1): 31-55.-
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Added by: Carl Fox
Abstract: This paper proposes social constructionist accounts of gender and race. The focus of the inquiry--inquiry aiming to provide resources for feminist and antiracist projects--are the social positions of those marked for privilege or subordination by observed or imagined features assumed to be relevant to reproductive function, or geographical origins. I develop these ideas and propose that other gendered and racialized phenomena are usefully demarcated and explained by reference to these social positions. In doing so, I address the concern that attempts to define race or gender are misguided because they either assume a false commonality or marginalize some members of the group in question.Comment : Seminal reading for modules on gender or race.Haslanger, Sally. Resisting reality: Social Construction and Social Critique2012, OUP USA.-
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Added by: Laura Jimenez
Publisher's Note: Contemporary theorists use the term "social construction" with the aim of exposing how what's purportedly "natural" is often at least partly social and, more specifically, how this masking of the social is politically significant. In these previously published essays, Sally Haslanger draws on insights from feminist and critical race theory to explore and develop the idea that gender and race are positions within a structure of social relations. On this interpretation, the point of saying that gender and race are socially constructed is not to make a causal claim about the origins of our concepts of gender and race, or to take a stand in the nature/nurture debate, but to locate these categories within a realist social ontology. This is politically important, for by theorizing how gender and race fit within different structures of social relations we are better able to identify and combat forms of systematic injustice. Although the central essays of the book focus on a critical social realism about gender and race, these accounts function as case studies for a broader critical social realism.Comment : The book as a whole explores the interface between analytic philosophy and critical theory. As it is a collection of essays, particular chapters can easily be used separately, some serving as introductory, others as more advanced readings. It could be of interest for undergraduate or postgraduate courses in political philosophy, philosophy of language and philosophical methodology.Can’t find it?Contribute the texts you think should be here and we’ll add them soon!
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