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.Song, Sarah. Justice, Gender, and the Politics of Multiculturalism2007, Cambridge University Press.-
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Added by: Clotilde Torregrossa, Contributed by: Sarah Song
Publisher's Note: Justice, Gender and the Politics of Multiculturalism explores the tensions that arise when culturally diverse democratic states pursue both justice for religious and cultural minorities and justice for women. Sarah Song provides a distinctive argument about the circumstances under which egalitarian justice requires special accommodations for cultural minorities while emphasizing the value of gender equality as an important limit on cultural accommodation. Drawing on detailed case studies of gendered cultural conflicts, including conflicts over the 'cultural defense' in criminal law, aboriginal membership rules and polygamy, Song offers a fresh perspective on multicultural politics by examining the role of intercultural interactions in shaping such conflicts. In particular, she demonstrates the different ways that majority institutions have reinforced gender inequality in minority communities and, in light of this, argues in favour of resolving gendered cultural dilemmas through intercultural democratic dialogue.Comment : The book combines political philosophy with case studies exploring conflicts between gender equality and multiculturalism. It could be used in graduate or undergraduate courses on the topic of gender and multiculturalism, paired with Susan Okin's 'Is Multiculturalism Bad for Women?'Song, Sarah. Multiculturalism, Stanford Encyclopedia of Philosophy-
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Added by: Clotilde Torregrossa, Contributed by: Sarah SongAbstract:
Article: The article examines the idea of multiculturalism in contemporary political philosophy. It considers the variety of justifications for multiculturalism, including communitarian, liberal egalitarian, anti-domination, and historical injustice arguments. It then surveys a number of critiques of multiculturalism. It concludes by discussing concerns about political backlash and retreat from multiculturalism in the Western liberal democratic countries.Comment : This Stanford Encyclopedia of Philosophy piece provides an accessible introduction to the idea of multiculturalism and its various justifications and critiques.Sontag, Susan. Against Interpretation2009, Penguin Modern Classics-
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Added by: Rossen Ventzislavov, Contributed by: Christy Mag Uidhir
Summary: Sontag mines the history of philosophical aesthetics and art criticism for the reasons why interpretation has held us under its spell for the last two millennia. One such reason is our insistence on the form/content dichotomy and the vestigial prioritizing of content in the way we talk about art. Another reason is the discursive, and thus political, control that interpretation enables. A third reason is our willingness to sacrifice our unmediated experience of an artwork, and our sensitivity to an artist's intentions, for the sake of interpretative success. To counter these "reactionary, impertinent, cowardly, stifling" tendencies, Sontag proposes an "erotics of art" - a new emphasis on transparence, which favors description and appreciation over interpretation. This critical ethos does not only change the terms of conceptual engagement; it also opens the gates for creative approaches to art which explicitly challenge vestigial modes of meaning-making and meaning extraction. Even though Sontag does not specifically single any of these approaches out, performance art is arguably the most extreme of the potential candidates.Comment : This text offers a seminal critique of art interpretation and should be included in any course discussing interpretation and criticism.Sorge, Carmen. The Relationship Between Bonding with Nonhuman Animals and Students’ Attitude Towards Science2008, Society and Animals 16 (2): 171-184-
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Added by: Sara Peppe
Abstract: This paper examines the relationship of bonding with nonhuman animals during an interactive, animal-in-the-wild science program and the science attitudes of 358 young children between the ages of 8 and 14 Talking Talons utilizes typically wild animals such as raptors, reptiles, and bats in a school-based educational science curriculum. Qualitative data from interviews with students in the program indicated that 'bonding with animals' and the educators within the program were related to increased positive attitudes toward science. The program used quantitative methods to examine these dual relationships - with animals and with educators- on student attitude toward science. The program performed a step-wise multiple regression with 'Attitude toward Science' as the dependent variable and 'Gender,' 'Age,' and 'Bonding with Animals' as independent variables. Both 'Bonding with Animals' and 'Bonding with the Educator' contributed significantly to prediction of the participants' science attitudes. Altogether 28% of the variance in 'Science Attitude' was predicted by both 'Gender' and 'Age' , 'Bonding with Animals' and 'Bonding with Educator'. Bonding with the animals had a large quantifiable relationship with student attitudes toward science.Comment : This article is about the theme of 'bonding with animals' during a science programme. It is highly recommended for intermediate readers who have some knowledge about the main topic of the article.Spaulding, Shannon. Imagination, Desire, and Rationality2015, Journal of Philosophy 112 (9):457-476 (2015)-
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Added by: Andrea Blomqvist
Abstract: We often have affective responses to fictional events. We feel afraid for Desdemona when Othello approaches her in a murderous rage. We feel disgust toward Iago for orchestrating this tragic event. What mental architecture could explain these affective responses? In this paper I consider the claim that the best explanation of our affective responses to fiction involves imaginative desires. Some theorists argue that accounts that do not invoke imaginative desires imply that consumers of fiction have irrational desires. I argue that there are serious worries about imaginative desires that warrant skepticism about the adequacy of the account. Moreover, it is quite difficult to articulate general principles of rationality for desires, and even according to the most plausible of these possible principles, desires about fiction are not irrational.Comment : This would function well as a required reading in a week on why we have emotional reactions to fiction, probably in a course for senior undergraduate students. It is suitable for a philosophy of fiction module.Spencer, Quayshawn. A radical solution to the Race problem2014, Philosophy of Science 81 (5):1025-1038-
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Added by: Simon Fokt, Contributed by: Anonymous
Abstract: It has become customary among philosophers and biologists to claim that folk racial classification has no biological basis. This paper attempts to debunk that view. In this paper, I show that ‘race’, as used in current U.S. race talk, picks out a biologically real entity. I do this by, first, showing that ‘race’, in this use, is not a kind term, but a proper name for a set of human population groups. Next, using recent human genetic clustering results, I show that this set of human population groups is a partition of human populations that I call ‘the Blumenbach partition’.
Comment : This is a great paper to use for teaching metaphysics of raceSreenivasan, Gopal. Justice, Inequality, and Health2009, E. N. Zalta (ed.), Stanford encyclopedia of philosophy [electronic resource]-
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Added by: Simon Fokt
Content: Sreenivasan asks: 'what makes a health inequality an injustice, when it is one? Do <em>health</em> inequalities have some significance in justice that differs from other important inequalities? Or is the injustice of an unjust inequality in health simply due to the application of general principles of equality and justice to the case of health?'Comment : This text offers a good introduction to the problem of justice in healthcare and social justice in general. The text is best used as required reading in medical ethics classes, and as further reading in moral and political philosophy classes focusing on justice.Sreenivasan, Gopal. Disunity of Virtue2009, Journal of Ethics 13 (2-2):195 - 212.-
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Added by: Simon Fokt
Abstract: This paper argues against the unity of the virtues, while trying to salvage some of its attractive aspects. I focus on the strongest argument for the unity thesis, which begins from the premise that true virtue cannot lead its possessor morally astray. I suggest that this premise presupposes the possibility of completely insulating an agent’s set of virtues from any liability to moral error. I then distinguish three conditions that separately foreclose this possibility, concentrating on the proposition that there is more to morality than virtue alone—that is, not all moral considerations are ones to which some virtue is characteristically sensitive. If the virtues are not unified, the situationist critique of virtue ethics also turns out to be more difficult to establish than some have supposed.Comment : This paper offers a discussion of some strong objections against virtue ethics, and as such it is best used to support modules focusing on this neo-Aristotelian view. Further, it addresses problems which seem to follow from empirical research into virtues and character, which makes it particularly useful in teaching students who tend to confuse moral psychology and philosophy.Sreenivasan, Gopal. A Human Right to Health? Some Inconclusive Scepticism2012, Aristotelian Society Supplementary Volume 86 (1):239-265.-
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Added by: Simon Fokt
Abstract: This paper offers four arguments against a moral human right to health, two denying that the right exists and two denying that it would be very useful (even if it did exist). One of my sceptical arguments is familiar, while the other is not.The unfamiliar argument is an argument from the nature of health. Given a realistic view of health production, a dilemma arises for the human right to health. Either a state's moral duty to preserve the health of its citizens is not justifiably aligned in relation to the causes of health or it does not correlate with the human right to health. It follows that no one holds a justified moral human right to health against the state.Education and herd immunity against infectious disease both illustrate this dilemma. In the former case, the state's moral duty correlates with the human right to health only if it demands too much from a cause of health; and in the latter, only if it demands nothing from a cause of health (that is, too little).Comment : Useful in teaching on distributive justice in medicine or medical ethics in general. Can also be used as further reading in political and moral philosophy modules on human rights.Can’t find it?Contribute the texts you think should be here and we’ll add them soon!
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