Stark, Cynthia A.. Hypothetical Consent and Justification
2000, Journal of Philosophy 97 (6): 313-334.
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Added by: Carl FoxIntroduction: The social-contract tradition in moral and political thought can be loosely characterized as an approach to justification based on the idea of rational agreement. This tradition contains a variety of theories that are put to a number of uses. My exclusive focus here will be contract views that rely upon hypothetical, as opposed to actual, consent. My main objective is to defend hypothetical-consent theories against what I call the standard indictment: the claim that hypothetical consent cannot give rise to obligation. I begin by explaining the standard indictment in more detail; next, I argue that the standard indictment does not apply to moral, as contrasted with, political contractarianism; finally, I argue that, on a certain understanding of the relation between political legitimacy and political obligation, the standard indictment does not count against political contractarianism.Comment: Defends the significance of hypothetical consent as the standard of justification appropriate for establishing moral obligation in a broadly constructivist view. Very useful as specialised or further reading on moral and political obligation.
Starr, Ellen Gates. Art and Labour
2010, In The Craft Reader, Glenn Adamson (ed.). Berg Publishers
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Added by: Quentin Pharr and Clotilde TorregrossaAbstract:
From the canonical texts of the Arts and Crafts Movement to the radical thinking of today's “DIY” movement, from theoretical writings on the position of craft in distinction to Art and Design to how-to texts from renowned practitioners, from feminist histories of textiles to descriptions of the innovation born of necessity in Soviet factories and African auto-repair shops, The Craft Reader presents the first comprehensive anthology of writings on modern craft. Covering the period from the Industrial Revolution to today, the Reader draws on craft practice and theory from America, Europe, Asia and Africa. The world of craft is considered in its full breadth -- from pottery and weaving, to couture and chocolate-making, to contemporary art, architecture and curation. The writings are themed into sections and all extracts are individually introduced, placing each in its historical, cultural and artistic context. Bringing together an astonishing range of both classic and contemporary texts, The Craft Reader will be invaluable to any student or practitioner of Craft and also to readers in Art and Design.Comment (from this Blueprint): Starr highlights in this selection that art and the entirety of humanity go hand-in-hand. Firstly, she notes that art (at least, the best art) has always been, in great part, an expression of humanity's "common life" and not just an expression of its elite's interests. But, secondly and more importantly, she also argues that humans, regardless of their social status or class, cannot live without beauty in their lives. Striving for art has always been essential to joy in humanity's productive capacities, and those products have always been essential to the retention of humanity's hope in itself through our consumption of it. This selection, in conjunction with Du Bois's, makes salient that, although things are often produced by many of us without art in mind and art is often consumed by relatively few of us, such a state of affairs is ultimately not amenable to producing good societies and happy peoples. Art, as she claims, can and must be by all for all, regardless of social status or class.
Steinbock, Bonnie. The Intentional Termination of Life
1979, In Steinbock, Bonnie and Alastair Norcross (eds.), Killing and Letting Die. Fordham University Press.
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Added by: Carl FoxContent: Steinbock argues that cessation of treatment can be for reasons other than the ending of life, specifically respecting a patient's right to refuse treatment and when treatment would not be a net benefit. She concludes that the AMA can consistently reject intentional killing and hold that it is sometimes permissible to withdraw treatment without relying on the controversial passive/active euthanasia distinction.Comment: Very useful chapter for discussion in a module about ethical issues at the end of life.
Steinbock, Bonnie. Speciesism and the Idea of Equality
1978, Philosophy 53 (204): 247-256.
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Added by: Rochelle DuFordAbstract: Most of us believe that we are entitled to treat members of other species in ways which would be considered wrong if inflicted on members of our own species. We kill them for food, keep them confined, use them in painful experiments. The moral philosopher has to ask what relevant difference justifies this difference in treatment. A look at this question will lead us to re-examine the distinctions which we have assumed make a moral difference.Comment: This journal article is a response to Peter Singer's Animal Liberation, though you need not have read Animal Liberation in order to understand this article, as Steinbock provides a clear overview of Singer's main claims. The text would be useful for rebutting Singer's arguments in a course on animal ethics or environmental ethics. It would also be of use in a course on moral theory that involved questions of moral consideration or moral equality.
Steinbock, Bonnie. The Logical Case for “Wrongful Life”
1986, The Hastings Center Report 16 (2): 15-20.
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Added by: Rochelle DuFordSummary: In this article, Steinbock solves the logical problem with torts based on wrongful life. She argues that a wrongful life suit need not show that it would have been better for the infant to have never been born, but merely that the infant is impaired to such a degree that the infant has no capacity for fulfilling even very basic human interests. She claims that this criteria is capable of serving as the basis for a tort claim concerning the recovery of extraordinary medical care and specialized training.Comment: This journal article would be a good addition to a course on medical ethics that covered some legal questions or questions about serverely impaired infants. Steinbock presents overviews of a number of wrongful life suits brought in the United States and provides a philosophical analysis of the possibility of the harm of being born.
Steinbock, Bonnie. Life Before Birth: The Moral and Legal Status of Embryos and Fetuses
1994, Ethics 104 (2):408-410.
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Added by: Clotilde Torregrossa, Contributed by: Simon FoktAbstract: This book provides a coherent framework for addressing bioethical issues in which the moral status of embryos and fetuses is relevant. It is based on the 'interest view,' which ascribes moral standing to beings with interests, and connects the possession of interests with the capacity for conscious awareness or sentience. The theoretical framework is applied to up-to-date ethical and legal topics, including abortion, prenatal torts, wrongful life, the crime of feticide, substance abuse by pregnant women, compulsory cesareans, assisted reproduction, and stem cell research. Along the way, difficult philosophical problems, such as identity and the nonidentity problem are thoroughly explored.
Steinbock, Bonnie. The case for physician assisted suicide: not (yet) proven
2005, Journal of Medical Ethics 31 (4):235-241.
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Added by: Clotilde Torregrossa, Contributed by: Simon FoktAbstract: The legalisation of physician assisted suicide in Oregon and physician assisted death in the Netherlands has revitalised the debate over whether and under what conditions individuals should be able to determine the time and manner of their deaths, and whether they should be able to enlist the help of physicians in doing so. Although the change in the law is both dramatic and recent, the basic arguments for and against have not really changed since the issue was debated by Glanville Williams and Yale Kamisar nearly 50 years ago. In this paper, the author argues in favour of Kamisar's consequentialist framework. Any change in law and social policy should not be based solely on individual cases, heart wrenching though these may be. Instead, we need to assess the need for PAS, and weigh this against the risks of mistake and abuse
Steinbock, Eliza. Generative Negatives: Del LaGrace Volcano’s Herm Body Photographs
2014, Transgender Studies Quarterly 1(4): 539-551.
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Added by: Hans MaesSummary: In conventional film photography, negatives are used in the darkroom to produce positive images, but in the outmoded medium Polaroid 665 the positive image is used to make a unique negative that can then be employed to make positive prints in the future. This generativity of the Polaroid 665 negative is used by the artist to mirror the complexity of feelings regarding intersex bodies. The series shows how negative affect can be productive and political, even when it appears to suspend agency.Comment: Useful in discussing portraiture and depiction, as well as empowerment and art's role in power relations in general.
Artworks to use with this text:
Del LaGrace Volcano, Herm Body (2011- )
Self-portraits which clearly reference the work of John Coplans and reflect on Volcano’s midlife embodiment changed by hormones, age, and weight. The title draws attention to the materiality of its subject, insisting that we receive the body as ‘herm’ – a word Volcano uses to name intersex history and claim trans embodiment. Useful in discussing portraiture and depiction, as well as empowerment and art's role in power relations in general.
Artworks to use with this text:
Del LaGrace Volcano, Herm Body (2011- )
Self-portraits which clearly reference the work of John Coplans and reflect on Volcano’s midlife embodiment changed by hormones, age, and weight. The title draws attention to the materiality of its subject, insisting that we receive the body as ‘herm’ – a word Volcano uses to name intersex history and claim trans embodiment.
Stemplowska, Zofia. What’s Ideal about Ideal Theory?
2008, Social Theory and Practice 34(3): 319-340.
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Added by: Carl FoxIntroduction: One of the main tasks that occupies political theorists, and arouses intense debate among them, is the construction of theories—so-called ideal theories—that share a common characteristic: much of what they say offers no immediate or workable solutions to any of the problems our societies face. This feature is not one that theorists strive to achieve but nor can it be described as an accidental one: these theories are constructed in the full knowledge that, whatever else they may offer, much of what they say will not be immediately applicable to the urgent problems of policy and institutional design. Since this may seem puzzling, and has been subjected to severe criticism, the main task of this paper is to ask what is the point of ideal theory and to show the nature of its value. I will also argue that, while the debate over the point of ideal theory can be productive, it will only be so if we avoid treating ideal and nonideal theories as rival approaches to political theory.Comment: Does a good job of defending ideal theory from prominent criticisms and setting out an account of ideal and non-ideal theory in which they complement one another. Would work as a main text for a lecture or seminar developing the ideal/non-ideal theme, or as further reading for anyone writing about it.
Stemplowska, Zofia. Rescuing Luck Egalitarianism
2013, Journal of Social Philosophy 44(4): 402-419.
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Added by: Carl FoxIntroduction: There was once a luck egalitarian school of thought, according to which disadvantage arising due to bad luck was unjust—at the bar of egalitarian justice—while disadvantage arising due to choice was just, at least if the choice was exercised against the background of equal options. “Choice” in this context needed to be “genuine choice”—which, for some, meant “voluntary,” and for others, also “freely willed”—but if it was genuine, then it did not matter whether it was a silly mistake or a considered course of action: if it led to disadvantage, its presence was deemed sufficient to justify leaving the agent to bear the disadvantage. Let's call the view that choice leading to disadvantage is sufficient to justify the disadvantage, at least if choice was exercised against the background of equal options, the inflated view of choice. [...] The inflated view was so crude that in the face of criticism pointing out its crudeness, its supporters have adopted more sophisticated views, and no recent luck egalitarian has defended the crude version. These more sophisticated views recognize that the mere fact that an outcome has been chosen does not make the outcome just—not even by the standards of egalitarian justice alone. In what follows, I will argue that this dominant reading of early luck egalitarianism as committed to the inflated view is, at best, a one-sided interpretation of the iconic writings of the luck egalitarian literature advanced by its most famous proponents, namely Arneson, Cohen, and Dworkin. Their writings did not unambiguously point toward the inflated view; if the early texts were interpreted more charitably, we could have, perhaps, avoided associating luck egalitarianism with the inflated view, arriving immediately at the sophisticated versions of luck egalitarianism dominating the field today.Comment: Defends luck egalitarianism in general, and the originators of the view in particular, from the common criticism that it is committed to the 'inflated view of choice' which generates unpalatable conclusions because it leaves people who have made choices to bear all the consequences of those choices. Would make good further reading for anyone working on this topic.
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