Diversity Reading List

Publisher's Note: The question of how to arrive at a consensus on human rights norm in a diverse, pluralistic, and interconnected global environment is critical. This volume is a contribution to an intercultural understanding of human rights in the context of India and its relationship to the West. The legitimacy of the global legal, economic, and political order is increasingly premised on the discourse of international human rights. Yet the United Nations' Declaration of Human Rights developed with little or no consultation from non-Western nations such as India. In response, there has developed an extensive literature and cross-cultural analysis of human rights in the areas of African, East-Asian, and Islamic studies, yet there is a comparative dearth of conceptual research relating to India. As problematically, there is an lacuna in the previous literature; it simply stops short at analyzing how Western understandings of human rights may be supported from within various non-Western cultural self-understandings; yet, surely, there is more to this issue. The chapters in this collection pioneer a distinct approach that takes such deliberation to a further level by examining what it is that the West itself may have to learn from various Indian articulations of human rights as well.

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.

Introduction: One might suppose that if political theorists are by now clear about anything at all, they should be clear about the problem of political obligation and the solution to it most commonly offered, the doctrine of consent. The greatest modern political theorists took up this problem and formulated this answer. The resulting theories are deeply imbedded in our American political tradition; as a consequence we are al- ready taught a sort of rudimentary consent theory in high school. And yet I want to suggest that we are not even now clear on what "the problem of political obligation" is, what sorts of "answers" are appropriate to it, what the con- sent answer really says, or whether it is a satis- factory answer. This essay is designed to point up the extent of our confusion, to explore some of the ground anew as best it can, and to invite further effort by others. That such effort is worthwhile, that such political theory is still worth considering and that it can be made genuinely relevant to our world, are the assump- tions on which this essay rests and the larger message it is meant to convey

Introduction: [The doctrine of "hypothetical consent"] teaches that your obligation depends not on any actual act of consenting, past or present, by yourself or your fellow-citizens, but on the character of the government. If it is a good, just government doing what a government should, then you must obey it; if it is a tyrannical, unjust government trying to do what no government may, then you have no such obligation. Or to put it another way, your obligation depends not on whether you have consented but on whether the government is such that you ought to consent to it, whether its actions are in accord with the authority a hypothetical group of rational men in a hypothetical state of nature would have (had) to give to any government they were founding. Having shown how this formulation emerges from Locke's and Tussman's ideas, I want now to defend it as a valid response to what troubles us about political obligation, and as a response more consonant than most with the moral realities of human decisions about obedience and resistance. At the same time the discussion should also demonstrate how many different or even conflicting things that one might want to call "consent" continue to be relevant - a fact which may help to explain the tenacity of traditional consent theory in the face of its manifest difficulties. Such a defense and demonstration, with detailed attention to such decisions, are difficult; the discussion from here on will be more speculative, and will raise more questions than it answers.

Abstract:
In this article, I argue that (1) transgender adolescents should have the legal right to access puberty-blocking treatment (PBT) without parental approval, and (2) the state has a role to play in publicizing information about gender dysphoria. Not only are transgender children harmed psychologically and physically via lack of access to PBT, but PBT is the established standard of care. Given that we generally think that parental authority should not go so far as to (1) severally and permanently harm a child and (2) prevent a child from access to standard physical care, then it follows that parental authority should not encompass denying gender-dysphoric children access to PBT. Moreover, transgender children without supportive parents cannot be helped without access to health care clinics and counseling to facilitate the transition. Hence there is an additional duty of the state to help facilitate sharing this information with vulnerable teens.

Abstract:
The globalization of the world is, in the first place, the culmination of a process that began with the constitution of America and world capitalism as a Euro-centered colonial/modern world power. One of the foundations of that pattern of power was the social classification of the world population upon the base of the idea of race, a mental construct that expresses colonial experience and that pervades the most important dimensions of world power, including its specific rationality: Eurocentrism. This article discusses some implications of that coloniality of power in Latin American history.

Abstract:

This essay argues that Simone Weil appropriates Marx's notion of labor as life activity in order to reposition work as the site of spirituality. Rather than locating spirituality in a religious tradition, doctrine, profession of faith, or in personal piety, Weil places it in the capacity to work. Spirit arises in the activity of living, and more specifically in laboring—in one's engagement with materiality. Utilizing Marx's distinction between living and dead labor, I show how Weil develops a critique of capital as a “force” that disrupts the individual's relation to her own work by reducing it to the mere activity of calculable “production.” Capital reduces labor to an abstraction and thereby uproots human subjectivity, on a systemic scale, from its connection to living praxis, or what Weil calls spirituality. Life itself is exchanged for a simulacrum of life. In positioning living labor as spiritual, Weil's work offers a corrective to these deadening practices.

Publisher’s Note:

Needs and Moral Necessity analyses ethics as a practice, explains why we have three moral theory-types, consequentialism, deontology and virtue ethics, and argues for a fourth needs-based theory.

Abstract:

In this article we argue that the concept of need is as vital for moral theory as it is for moral life. In II we analyse need and its normativity in public and private moral practice. In III we describe simple cases which exemplify the moral demandingness of needs, and argue that the significance of simple cases for moral theory is obscured by the emphasis in moral philosophy on unusual cases. In IV we argue that moral theories are inadequate if they cannot describe simple needs-meeting cases. We argue that the elimination or reduction of need to other concepts such as value, duty, virtue or care is unsatisfactory, in which case moral theories that make those concepts fundamental will have to be revised. In conclusion, we suggest that if moral theories cannot be revised to accommodate needs, they may have to be replaced with a fully needs-based theory.

Abstract:

In our philosophical tradition and our wider culture, we tend to think of persons as agents. This agential conception is flattering, but in this paper I will argue that it conceals a more complex truth about what persons are. In 1. I set the issues in context. In 2. I critically explore four features commonly presented as fundamental to personhood in versions of the agential conception: action, capability, choice and independence. In 3. I argue that each of these agential features presupposes a non-agential feature: agency presupposes patiency, capability presupposes incapability, choice presupposes necessity and independence presupposes dependency. In 4. I argue that such non-agential features, as well as being implicit within the agential conception, are as apt to be constitutive of personhood as agential features, and in 5. I conclude.