Hurd, Heidi. The Moral Magic of Consent
1996, Legal Theory 2(2): 121-146.
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Added by: Carl Fox
Abstract: We regularly wield powers that, upon close scrutiny, appear remarkably magical. By sheer exercise of will, we bring into existence things that have never existed before. With but a nod, we effect the disappearance of things that have long served as barriers to the actions of others. And, by mere resolve, we generate things that pose significant obstacles to others' exercise of liberty. What is the nature of these things that we create and destroy by our mere decision to do so? The answer: the rights and obligations of others. And by what seemingly magical means do we alter these rights and obligations? By making promises and issuing or revoking consent When we make promises, we generate obligations for ourselves, and when we give consent, we create rights for others. Since the rights and obligations that are affected by means of promising and consenting largely define the boundaries of permissible action, our exercise of these seemingly magical powers can significantly affect the lives and liberties of othersComment : Good introduction to the topic of consent as it makes clear both how strange it is as a power and how pervasive it is in our moral practices. Goes on to provide an interesting argument for consent as a subjective mental state and offers an account of what that might be. Could support a lecture or seminar on consent, or would make good further reading if the topic is only touched on briefly.Hurley, Susan. Luck and Equality2001, Proceedings of the Aristotelian Society Supplementary Volume 75: 51-72.-
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Added by: Simon Fokt
Abstract: I argue that the aim to neutralize the influence of luck on distribution cannot provide a basis for egalitarianism: it can neither specify nor justify an egalitarian distribution. Luck and responsibility can play a role in determining what justice requires to be redistributed, but from this we cannot derive how to distribute: we cannot derive a pattern of distribution from the 'currency' of distributive justice. I argue that the contrary view faces a dilemma, according to whether it understands luck in interpersonal or counterfactual terms.Comment : Useful as further reading on distributive justice, especially in connection to Ronald Dworkin's resource-egalitarian theory and Gerald Cohen's egalitarianism.Imafidon, Elvis. Intrinsic Versus Earned Worth in African Conception of Personhood2020, In: Imafidon, E. (ed.) Handbook of African Philosophy of Difference. Cham: Springer, 239-254-
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Added by: Björn Freter
Abstract: Every human being ought to have some form of intrinsic value that she has in herself as well as earned or extrinsic value that she earns for herself. Although not free from contention, the possibility of a human being having certain intrinsic values is essential for the very idea of personhood. It is the reason why it would be wrong not to take a baby as a person simply because she is at that moment unable to earn some value for herself. In this chapter, I interrogate how the idea of personhood dominant in African cultures separates one category of persons from another category. In the first category of human beings, persons are intrinsically valued as persons due to their possession of certain ontological and normative qualities. In the second category, a few other persons are not intrinsically valued as persons due to their lack of certain required ontological and normative qualities needed to belong to the first category of human beings. But in this second category, such persons have the opportunity to earn the value of personhood given to those in the first category. Put differently, the other has the potential of becoming the one if he works tirelessly toward it through individual and group efforts. I explore three specific examples of the second category of persons who have worked to earn some form of worth that the African society in which they live presents as extrinsic to them: persons with albinism, black people, and black women. In this case, a consistent individual lifestyle of rising above expectations and group rights advocacy are essential. I conclude that the African conception of personhood is flawed in its failure to recognize the intrinsic worth and value of all human beings regardless of their ontological and normative status and because it also fails in appreciating the importance of difference in the unfolding of reality.Inness, Julie C.. Privacy, Intimacy, and Isolation1996, OUP USA.-
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Added by: Clotilde Torregrossa, Contributed by: Simon Fokt
Publisher's Note: This book undermines privacy scepticism, proving a strong theoretical foundation for many of our everyday and legal privacy claims. Inness argues that intimacy is the core of privacy, including privacy appeals in tort and constitutional law. She explores the myriad of debates and puts forth an intimacy and control-based account of privacy which escapes these criticisms.Jaggar, Alison. What is Terrorism, Why is it Wrong, and Could it Ever Be Morally Justified?2005, Journal of Social Philosophy 36(2): 202-217.-
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Added by: Carl Fox
Content: Starts with a nice historical discussion of the emergence of the term 'terrorism' and some of the ways that it changed before and after the 9/11 attacks. Jaggar offers a specification of the concept and then her own conception, which can be practiced by governments and international bodies, and then discusses several kinds of conflict in which it may be deployed as a tactic. Here is her definition: "Terrorism is the use of extreme threats or violence designed to intimidate or subjugate governments, groups, or individuals. It is a tactic of coercion intended to promote further ends that in themselves may be good, bad or indifferent. Terrorism may be practiced by governments or international bodies or forces, sub-state groups or even individuals. Its threats or violence are aimed directly or immediately at the bodies or belongings of innocent civilians but these are typically terrorists’ secondary targets; the primary targets of terrorists are the governments, groups or individuals that they wish to intimidate" (2005: 209).Comment : Would make good required reading on the subject of terrorism.Jaworska, Agnieszka. Respecting the Margins of Agency: Alzheimer’s Patients and the Capacity to Value1999, Philosophy and Public Affairs 28(2): 105–138.-
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Added by: Simon Fokt
Introduction: Dworkin puts forth two main arguments to justify adhering to the wishes the patient expressed before becoming demented. As he sees it, this course of action both promotes the patient’s well-being and is required in order to respect the patient’s autonomy. In each argument, while I consider most of the ideas well-founded, I challenge the crucial premise. In the argument focused on the patient’s well-being, I dispute the claim that demented patients are no longer capable of generating what Dworkin calls “critical interests.” In the argument concerning autonomy, I question the premise that demented patients no longer possess the “capacity for autonomy.”7 In each case, I will trace how the problematic premise arises within Dworkin’s argument and then develop an alternative account of the relevant capacity.Comment : Jaworska asks: 'Should we, in our efforts to best respect a patient with dementia, give priority to the preferences and attitudes this person held before becoming demented, or should we follow the person’s present preferences?' (p. 108). The article offers a useful critical overview of the views expressed by Rebecca Dresser and Ronald Dworkin. It is best used as a primary reading in ethics classes focusing directly on medical ethics or autonomy, or as further reading in general ethics teaching on autonomy.Jeffers, Chike. The Ethics and Politics of Cultural Preservation2015, Journal of Value Inquiry 49(1-2): 205-220.-
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Added by: Erich Hatala Matthes
Summary: Jeffers offers an account of the moral permissibility, and moreover, praiseworthiness of cultural preservation for the sake of the continued existence of cultural groups. He defends this argument against challenges about inauthenticity and incoherence leveled by Jeremy Waldron and Sam Scheffler. In a political context, Jeffers argues that cultural preservation can be obligatory as a component of resistance against colonialism and racism.Comment : This text is readily applicable to a variety of cultural practices that constitute part of a cultural heritage or practice. It offers thoughtful considerations for discussion concerning the reasons one might have to engage (or not) in a particular cultural artistic practice.Jenkins, David, Kimberley Brownlee. What a Home Does2022, Law and Philosophy 41 (4):441-468-
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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.Jimoh, Anselm Kole. Justice and the Othered Minority. Lessons from African Communalism2020, In: Imafidon, E. (ed.) Handbook of African Philosophy of Difference. Cham: Springer,-
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Added by: Björn Freter, Contributed by: Björn Freter
Abstract: There are minority groups in every human society, which are often leftovers of the “one” major group of persons within such society viewed as the self-contained group that has nothing to do with the “other” minority groups. The Other is conventionally seen as a threat to the one. Othering within societies invariably results in the exclusion of the Other from the one. By Othering, we mentally or practically classify an individual or group as “not one of us” and, therefore, inferior or less a human person than we are, a process of casting another person, group, or object into a position or role different from mine or ours, and I or we consequently establish my or our identity in opposition to the Other person in a relationship of superiority that allows me or us vilify the Other. Through Othering, we create a system of social exclusion that systematically blocks the Othered minority individual or group from rights and opportunities that are fundamentally the prerogative of all. Hence, issues of justice for the Othered minority naturally arise. This is manifested in the xenophobic treatment of African foreigners in South Africa and Christian minority groups in the mainly Muslim North of Nigeria. The socially excluded is confined to the fringe of society as the minority, whose basic and fundamental rights become privileges by virtue of the Otherness. This chapter critically analyzes and evaluates the manner of othering and exclusion of minority groups in African societies. My primary concern is to examine the role of African communitarian theory in the face of Othering in African societies. I argue that our constant awareness and acknowledgment of our commonness beyond self-contained groups ensures justice and equity in our interpersonal relationships in any human society.Keeshig-Tobias, Lenore. The Magic of Others1990, In Language in Her Eye: Views on Writing and Gender by Canadian Women Writing in English, edited by Libby Scheier, Sarah Sheard and Eleanor Wachtel: Coach House Press-
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Added by: Erich Hatala Matthes
Summary: In this short selection, Keeshig-Tobias (Ojibway) raises questions about representation and authenticity in fiction about Native people written by non-Native authors. With reference to certain Native belief systems, she contextualizes why the telling of a story could be viewed as theft in a way that might seem counter-intuitive to a liberal Western audience.Comment : This is a useful piece to pair with any of the more theoretical writings on cultural appropriation. It articulates some Native perspectives on cultural appropriation that may be less familiar to students, as well as pointing out problems with some of the assumptions on which defenses of cultural appropriation sometimes depend.Can’t find it?Contribute the texts you think should be here and we’ll add them soon!
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