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Added by: Deryn Mair ThomasAbstract:
Analytic philosophy has largely neglected the topic of homelessness.
The few notable exceptions, including work by Jeremy Waldron and Christopher
Essert, focus on our interests in shelter, housing, and property rights, but ignore the
key social functions that a home performs as a place in which we are welcomed,
accepted, and respected. This paper identifies a ladder of home-related concepts
which begins with the minimal notion of temporary shelter, then moves to persistent
shelter and housing, and finally to the rich notion of a home which focuses on meeting
our social needs including, specifically, our needs to belong and to have meaningful
control over our social environment. This concept-ladder enables us to distinguish
the shelterless from the sheltered; the unhoused from the housed; and the unhomed
from the homed. It also enables us to decouple the concept of a home from property
rights, which reveals potential complications in people’s living arrangements. For
instance, a person could be sheltered but unhoused, housed but homeless, or, indeed,
unhoused but homed. We show that we should reserve the concept of home to
capture the rich idea of a place of belonging in which our core social needs are met.Comment : This paper provides an in-depth exploration of existing analytic literature on the concept of home and the topic of homelessness, and provides a novel account of both. As such, it would be a useful addition to any syllabus interested in social ethics, social rights, and social needs. It could be used as a specialised reading for courses interested in questions of justice regarding access to a home or exploring the sorts of needs which constitute social needs. It is also written in a clear, straightforward style, and is therefore accessible to a wide range of experience levels, so it would be possible to use in a more introductory or general context as well. For an intro-level social or political philosohpy, for example, it could be used to introduce or supplement discussions on social welfare or duties of the state.Langton, Rae, Jennifer Hornsby. Free Speech and Illocution1998, Legal Theory 4(1): 21-37.-
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Added by: Emily Paul
Abstract: We defend the view of some feminist writers that the notion of silencing has to be taken seriously in discussions of free speech. We assume that what ought to be meant by 'speech', in the context 'free speech', is whatever it is that a correct justification of the right to free speech justifies one in protecting. And we argue that what one ought to mean includes illocution, in the sense of J.L. Austin.Comment : Very useful for an ethics course element on free speech, or for a feminist philosophy course, or indeed a philosophy of language (trap with the latter is that essays might become too 'ethics'-y). Would definitely be suitable as a core text, with set questions focusing on different elements of the paper to draw out the key arguments. Students could be asked whether they agree with this definition of free speech, and to apply it in different contexts that have recently been in the news.Pineau, Lois. Date Rape: A Feminist Analysis1989, Law and Philosophy 8 (2): 217-243.-
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Added by: Rochelle DuFord
Abstract: This paper shows how the mythology surrounding rape enters into a criterion of reasonableness which operates through the legal system to make women vulnerable to unscrupulous victimization. It explores the possibility for changes in legal procedures and presumptions that would better serve women's interests and leave them less vulnerable to sexual violence. This requires that we reformulate the criterion of consent in terms of what is reasonable from a woman's point of view.Comment : This text provides an overview of the the legal status of "date rape" in the US. It would fit well in a class covering the idea of mens rea and/or actus reus - such as a class on philosophy of law. It would also be of use in a class covering the concept of consent, rape and sexual violence, or the meaning of being 'reasonable.'Stark, Cynthia A.. Hypothetical Consent and Justification2000, Journal of Philosophy 97 (6): 313-334.-
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Added by: Carl Fox
Introduction: 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.Zimmermann, Annette. Criminal Disenfranchisement and the Concept of Political Wrongdoing2019, Philosophy & Public Affairs 47 (4), 378-411.-
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Added by: Björn Freter, Contributed by: Annette Zimmermann
Abstract: Disagreement persists about when, if at all, disenfranchisement is a fitting response to criminal wrongdoing of type X. Positive retributivists endorse a permissive view of fittingness: on this view, disenfranchising a remarkably wide range of morally serious criminal wrongdoers is justified. But defining fittingness in the context of criminal disenfranchisement in such broad terms is implausible, since many crimes sanctioned via disenfranchisement have little to do with democratic participation in the first place: the link between the nature of a criminal act X (the ‘desert basis’) and a fitting sanction Y is insufficiently direct in such cases. I define a new, much narrower account of the kind of criminal wrongdoing which is a more plausible desert basis for disenfranchisement: ‘political wrongdoing’, such as electioneering, corruption, or conspiracy with foreign powers. I conclude that widespread blanket and post-incarceration disenfranchisement policies are overinclusive, because they disenfranchise persons guilty of serious, but non-political, criminal wrongdoing. While such overinclusiveness is objectionable in any context, it is particularly objectionable in circumstances in which it has additional large-scale collateral consequences, for instance by perpetuating existing structures of racial injustice. At the same time, current policies are underinclusive, thus hindering the aim of holding political wrongdoers accountable.
Comment : This paper critically assesses existing arguments in the philosophy of criminal law on the permissibility of criminal disenfranchisement; develops a novel negative retributivist argument; argues that current criminal disenfranchisement are much too overinclusive, but also underinclusive.- 1
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Jenkins, David, Kimberley Brownlee. What a Home Does
2022, Law and Philosophy 41 (4):441-468