Sherman, Nancy. Torturers and the Tortured
2006, South African Journal of Philosophy 25(1): 77-88.
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Added by: John Baldari
Abstract: Patrick Lenta and Jessica Wolfendale have written two very thoughtful discussions on torture. A central question that arises in responding to these essays in terms of my recent book, Stoic Warriors, is whether ancient Stoicism affords any insights into both the propensity to inflict torture as well as the capacity to endure it. Wolfendale suggests that the learned capacity to endure torture, and in particular, becoming desensitised to pain, may be part of the psychological background that informs a willingness to inflict torture. Training in resisting torture, such as that which special operations troops typically go through, involves not only learning techniques, which can then be reverse engineered in applying torture (what some argue has happened in Guantanamo Bay), but also learning the kind of stress inoculation that makes one willing to use those techniques. In short, military training that involves torture resistance hardens one’s soul and makes one indifferent to the suffering that torture involves. This indifference, Wolfendale claims, is not unlike Stoic apathy. I want to argue, on the contrary, that Stoic apathy is substantively different. However, before making the case, I take up a number of other preliminary points raised in both papers. I conclude with some remarks about interrogation in general.Comment : This article is useful for post ad bellum discussions in philosophy of war, in addition to being recommended additional reading for political philosophy and ethics.Sherman, Nancy. Afterwar: Healing the Moral Wounds of our Soldiers2015, New York: Oxford University Press.-
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Added by: John Baldari
Abstract: Movies like American Sniper and The Hurt Locker hint at the inner scars our soldiers incur during service in a war zone. The moral dimensions of their psychological injuries--guilt, shame, feeling responsible for doing wrong or being wronged-elude conventional treatment. Georgetown philosophy professor Nancy Sherman turns her focus to these moral injuries in Afterwar. She argues that psychology and medicine alone are inadequate to help with many of the most painful questions veterans are bringing home from war. Trained in both ancient ethics and psychoanalysis, and with twenty years of experience working with the military, Sherman draws on in-depth interviews with servicemen and women to paint a richly textured and compassionate picture of the moral and psychological aftermath of America's longest wars. She explores how veterans can go about reawakening their feelings without becoming re-traumatized; how they can replace resentment with trust; and the changes that need to be made in order for this to happen-by military courts, VA hospitals, and the civilians who have been shielded from the heaviest burdens of war. 2.6 million soldiers are currently returning home from war, the greatest number since Vietnam. Facing an increase in suicides and post-traumatic stress, the military has embraced measures such as resilience training and positive psychology to heal mind as well as body. Sherman argues that some psychological wounds of war need a kind of healing through moral understanding that is the special province of philosophical engagement and listening.Comment : Use this text as an easy-reader alongside more rigorous texts to shore up arguments from case studies and example.Smith, Linda Tuhiwai. Decolonising Methodologies: Research and Indigenous Peoples2012, 2nd Edition. London and New York: Zed Books.-
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Added by: Suddha Guharoy and Andreas SorgerPublisher’s Note:
To the colonized, the term 'research' is conflated with European colonialism; the ways in which academic research has been implicated in the throes of imperialism remains a painful memory. This essential volume explores intersections of imperialism and research - specifically, the ways in which imperialism is embedded in disciplines of knowledge and tradition as 'regimes of truth.' Concepts such as 'discovery' and 'claiming' are discussed and an argument presented that the decolonization of research methods will help to reclaim control over indigenous ways of knowing and being. Now in its eagerly awaited second edition, this bestselling book has been substantially revised, with new case-studies and examples and important additions on new indigenous literature, the role of research in indigenous struggles for social justice, which brings this essential volume urgently up-to-date.Comment (from this Blueprint): Linda Tuhiwai Smith’s Decolonising Methodologies argued that, for the colonised, the idea and practice of academic research was imbued with imperialism. Thus, to escape this problem and reclaim indigenous forms of knowing, an effort to decolonise the methodologies of research is imperative. The reading for this week is the first chapter of the book, in which Smith advances her critique of Western knowledge to show that “every aspect of producing knowledge has influenced the ways in which indigenous ways of knowing have been represented” (p.35). Smith’s critique is far-reaching, and her point is to suggest that Western notions of history, writing, and theorising are bound up in the way research is pursued such that they exclude and marginalise indigenous groups.Sommers, Roseanna. Commonsense Consent2020, 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.Sreenivasan, 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.Srinivasan, Amia. Sex as a Pedagogical Failure2020, Yale Law Journal 129 (4)-
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Abstract:
In the early 1980s, U.S. universities began regulating sexual relationships between professors and students. Such regulations are routinely justified by a rationale drawn from sexual-harassment law in the employment context: the power differential between professor and student precludes the possibility of genuine consent on the student’s part. This rationale is problematic, as feminists in the 1980s first observed, for its protectionist and infantilizing attitude toward (generally) women students. But it is also problematic in that it fails to register what is truly ethically troubling about consensual professor-student sex. A professor’s having sex with his student constitutes a pedagogical failure: that is, a failure to satisfy the duties that arise from the practice of teaching. What is more, much consensual professor-student sex constitutes a patriarchal failure: such relationships often feed on, and reinforce, women’s second-class standing in higher education. As such, these relationships can thwart the legal right of women students, under Title IX, to exist in the university on equal terms with their male counterparts. Whether or not we should ultimately favor such an interpretation of Title IX—whether or not, that is, it would render campuses ultimately more equal for women and other marginalized people—it is clear that university professors need to attend more carefully to the sexual ethics of their own practice.
Comment : Srinivasan made international headlines in 2021 with her book, The Right to Sex (2021), which includes an adapted version of this essay. In the midst of the #MeToo movement and global reckoning with cultures of sexual harrassment, she turned a sharp, philosophical lens towards many of the topics regarding power, sexuality, and feminism that not only had been brushed under the rug in popular media, but had also been largely considered irrelevant for philosophical investigation. This essay would make for fruitful discussion in courses or reading groups specifically focused on feminist themes, or could be used in more interdisciplinary contexts to study the #MeToo movement and the current state of modern feminist thought (other essays on similar topics can also be found in the book). For the purposes of offering the version of the essay in its most academic form, this entry cites the earlier version which was published in the Yale Law Review in 2020.Stark, Cynthia A.. How to Include the Severly Disabled in a Contractarian Theory of Justice2007, Journal of Political Philosophy 15 (2): 127-145.-
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Added by: Carl Fox
Content: Modifies and then defends a Rawlsian theory of justice from the charge that it cannot adequately account for the claims of severely disabled individuals who cannot participate fully in schemes of cooperation.Comment : Best suited as specialised or further reading on disability and Rawlsian theories of justice.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.Can’t find it?Contribute the texts you think should be here and we’ll add them soon!
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