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Harman, Elizabeth. Can we harm and benefit in creating?
2004,
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Added by: Clotilde Torregrossa, Contributed by: Simon Fokt
Abstract: The non-identity problem concerns actions that affect who exists in the future. If such an action is performed, certain people will exist in the future who would not otherwise have existed: they are not identical to any of the people who would have existed if the action had not been performed. Some of these actions seem to be wrong, and they seem to be wrong in virtue of harming the very future individuals whose existence is dependent on their having been performed. The problem arises when it is argued that the actions do not harm these people - because the actions do not make them worse off than they would otherwise be.1 Consider: Radioactive Waste Policy: We are trying to decide whether to adopt a permissive radioactive waste policy. This policy would be less inconvenient to us than our existing practices. If we enact the newly-proposed policy, then we will cause there to be radioactive pollution that will cause illness and suffering. However, the policy will have such significant effects on public policy and industry functioning, that different people will exist in the future depending on whether we enact the policy. Two things should be emphasized. First, the illness and suffering caused will be very serious: deformed babies, children with burns from acid rain, and adults dying young from cancer. Second, the policy will affect who will exist in the future because our present practices invade people's everyday lives, for example by affecting recycling practices in the home; these practices will change if the policy is adopted. Furthermore, whether we adopt the policy will determine which plants are built where, what jobs are available, and what trucks are on the road. These effects will create small differences in everyone's lives which ultimately affect who meets whom and who conceives with whom, or at least when people conceive. This affects who exists in the future.

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Herzog, Lisa, Frauke Schmode. ‘But it’s your job!’ The moral status of jobs and the dilemma of occupational duties
2022, Critical Review of International Social and Political Philosophy, (Available Online)
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Added by: Deryn Mair Thomas
Abstract:

Do individuals have moral duties to fulfil all the demands of their jobs? In this paper, we discuss how to understand such ‘occupational duties’ and their normative bases, with a specific focus on duties that go beyond contractually agreed upon duties. Against views that reduce occupational duties to contractual duties, we argue that they often have greater moral weight, based on skills, roles, and the duty of social cooperation. We discuss what it would take to make sure that individuals are not unfairly overburdened by such occupational duties, distinguishing between choice conditions (voluntariness, availability of alternatives, full information) and conditions concerning the role and the social structures within which such duties are embedded (feasible role design, existence of support structures, employee voice). These conditions, however, are not fulfilled for many existing jobs, especially for jobs typically occupied by structurally disadvantaged groups such as women or ethnic minorities. This leads to a dilemma between the claims of those who depend on the occupational duties to be fulfilled, and the rights of those who hold these occupations and are unfairly overburdened. We conclude by arguing for the need for structural reform to dissolve this dilemma.

Comment: This paper explores important questions relating to duties within employment and has a wide range of implications for workplace justice. It offers an interesting discussion on the moral weight of such duties and connects the obligation to perform duties to the requirements of social cooperation, drawing on Kim Brownlee's 'moral roles thesis' and her work on conscience and conviction. It would therefore be useful in the context of philosophical courses on a handful of broader subjects, including but not limited to social justice, feminist ethics, applied ethics, and philosophy of work, as well as some introductory contexts studying more traditional political philosophy on obligation and duty. (The article contains some technical language, and is an intermediate to advanced level of difficulty, so if used in intro contexts, might be limited to advanced students or suggested as further reading for students who are working on specific projects/papers.)

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Hooker, Juliet. Indigenous Inclusion/Black Exclusion: Race, Ethnicity, and Multicultural Citizenship in Latin America
2005, Journal of Latin American Studies, 37(2): 285-310
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Added by: Adriana Clavel-Vázquez
Abstract: This article analyses the causes of the disparity in collective rights gained by indigenous and Afro-Latin groups in recent rounds of multicultural citizenship reform in Latin America. Instead of attributing the greater success of indians in winning collective rights to differences in population size, higher levels of indigenous group identity or higher levels of organisation of the indigenous movement, it is argued that the main cause of the disparity is the fact that collective rights are adjudicated on the basis of possessing a distinct group identity defined in cultural or ethnic terms. Indians are generally better positioned than most Afro-Latinos to claim ethnic group identities separate from the national culture and have therefore been more successful in winning collective rights. It is suggested that one of the potentially negative consequences of basing group rights on the assertion of cultural difference is that it might lead indigenous groups and Afro-Latinos to privilege issues of cultural recognition over questions of racial discrimination as bases for political mobilisation in the era of multicultural politics.

Comment (from this Blueprint): Given unjust social conditions faced by Afro-Latin communities in Latin America, it is important to examine the erasure of Afro-Latin identities from narratives about the constitution of mestizo national identities. While Indigenous identities are appropriated as partly constitutive of mestizo identity, Afro-Latin cultures are often regarded by mestizos as that which is Other. This results not only in the exoticization of Afro-Latinidad, but in the lack of available resources to acknowledge and address racial discrimination faced by Afro-Latin groups in many Latin American countries. Moreover, while Latin American cultures are often regarded as the result of Spanish and Indigenous mixing, it hasn’t been until recently that the African diaspora has been acknowledged as the third root of Latin American aesthetic practices.

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Humphreys, Rebekah. Games, Fair-Play and a Sporting-Chance: A Conceptual Analysis of Blood-Sports
2020, Yearbook of the Irish Philosophical Society, 2017/18: Special Edition: Humans and Other Animals, 96-114
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Added by: Björn Freter, Contributed by: Rebekah Humphreys

Abstract: The killing of Cecil the lion in 2015 by a trophy hunter sparked a global debate regarding the killing of lions for ‘sport’. While many were outraged by Cecil’s killing, Cecil was just one of the millions of animals that have been used in the sports-shooting industry. Cecil’s killing brings with it the question of whether so-called ‘blood sports’ (whether these involve killing big game or smaller animals) are actually ‘sports’ at all, in the ordinary sense. As such, this paper aims to provide an analysis of blood-sport as a concept. The objective will be to examine whether blood-sports are games and to analyse to what extent, if any, blood-sports can be called ‘sports’ properly. Such an analysis will be presented through employing a generalised notion of sport and through a discussion of fair-play. Pace S. P. Morris (2014) who argues that hunting which incorporates a fair-chase code is a game and a sport, this current paper concludes that it is doubtful that blood-sport is a game, and that even if one assumes that it is a game, it cannot be classed as sport, and further that any fair-chase code undermines itself in the context of so-called ‘blood-sports’.

Comment: Basis for a good debate on issues surrounding the ethics of bloodsport and 'bloodsport' as a concept. Is' bloodsport' actually 'sport', for example, in the ordinary sense of the term?

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Humphreys, Rebekah. Philosophy, ecology and elephant equality
2020, Animal Sentience: An Interdisciplinary Journal on Animal Feeling, 28 (11), 2020, 1-4
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Added by: Björn Freter, Contributed by: Rebekah Humphreys

Abstract: The considerable conservation research on environmental problems and climate change tends to focus on species “biodiversity” rather than individuals. Individuals of the same species get categorized as “wild” or “captive”, with the latter often omitted from conservationists’ concerns. But wild and captive animals, although they may require different treatment, have comparable interests as individuals. Equity requires taking this into account in conservation efforts.

Comment: Good for teaching issues concerning animal sentience, equality, conservation, preservation (particularly in relation to elephants), and environmental ethics and animal ethics issues more generally.

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Humphreys, Rebekah. Rights, Interests and Moral Standing: A Critical Examination of Dialogue between Regan and Frey
2011, Issues in Ethics and Animal Rights, Manish Vyas (ed.), Regency Publications
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Added by: Björn Freter, Contributed by: Rebekah Humphreys

Abstract: This paper aims to assess R. G. Frey’s analysis of Leonard Nelson’s argument (that links interests to rights). Frey argues that claims that animals have rights or interests have not been established. Frey’s contentions that animals have not been shown to have rights nor interests will be discussed in turn, but the main focus will be on Frey’s claim that animals have not been shown to have interests. One way Frey analyses this latter claim is by considering H. J. McCloskey’s denial of the claim and Tom Regan’s criticism of this denial. While Frey’s position on animal interests does not depend on McCloskey’s views, he believes that a consideration of McCloskey’s views will reveal that Nelson’s argument (linking interests to rights) has not been established as sound. My discussion (of Frey’s scrutiny of Nelson’s argument) will centre on the dialogue between Regan and Frey in respect of McCloskey’s argument. I will endeavor to update the dialogue by providing a re-interpretation of ‘rights’ in Nelson’s argument.

Comment: Discusses key arguments in debates in animal ethics through the dialogue of Regan and Frey.

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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 others

Comment: 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.

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Imafidon, Elvis. Intrinsic Versus Earned Worth in African Conception of Personhood
2020, 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.

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Jaworska, Agnieszka. Respecting the Margins of Agency: Alzheimer’s Patients and the Capacity to Value
1999, 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.

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Jimoh, Anselm Kole. Justice and the Othered Minority. Lessons from African Communalism
2020, 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.

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Kempadoo, Kamala. Sexing the Caribbean: Gender, Race and Sexual Labour
2004, Routledge.
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Added by: Emma Holmes, David MacDonald, Yichi Zhang, and Samuel Dando-Moore
Publisher’s Note: This unprecedented work provides both the history of sex work in this region as well as an examination of current-day sex tourism. Based on interviews with sex workers, brothel owners, local residents and tourists, Kamala Kempadoo offers a vivid account of what life is like in the world of sex tourism as well as its entrenched roots in colonialism and slavery in the Caribbean.

Comment (from this Blueprint): Chapter 3 is about the perceptions of sex as transactional in the Caribbean and how the definition of "prostitution" has shifted over time. It details how sex work is organised, both in brothels and in other establishments, such as hotels, nightclubs, etc. It explores the experiences and feelings of women who have experiences of various kinds of transactional sex. This chapter can be used as a case study which allows the reader to explore sex work through a variety of lenses: its interaction with broader social issues like racism and poverty; the place of transactions and intimacy in sex and sex work; sexual norms and the social meanings of sexual relationships; and freedom and choice when engaging in sex and sex work.

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Kuhse, Hoyt, Singer, Peter. Should the Baby Live? The Problem of Handicapped Infants
1985, Oxford University Press.
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Added by: Clotilde Torregrossa, Contributed by: Simon Fokt
Publisher's Note: Few subjects have generated so many newspaper headlines and such heated controversy as the treatment, or non-treatment, of handicapped newborns. In 1982, the case of Baby Doe, a child born with Down's syndrome, stirred up a national debate in the United States, while in Britain a year earlier, Dr. Leonard Arthur stood trial for his decision to allow a baby with Down's syndrome to die. Government intervention and these recent legal battles accentuate the need for a reassessment of the complex issues involved. This volume--by two authorities on medical ethics--presents a philosophical analysis of the subject based on particular case studies. Addressing the doctrine of the absolute sanctity of life, Singer and Kuhse examine some actual cases where decisions have been reached; consider the criteria for making these decisions; investigate the differences between killing and letting die; compare Western attitudes and practices with those of other cultures; and conclude by proposing a decision-making framework that offers a rational alternative to the polemics and confusion generated by this highly controversial topic.

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Lafont, Christina. Accountability and Global Governance: Challenging the State-Centric Conception of Human Rights
2010, Ethics and Global Politics 3 (3): 193-215.
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Added by: Rochelle DuFord
Abstract: In this essay I analyze some conceptual difficulties associated with the demand that global institutions be made more democratically accountable. In the absence of a world state, it may seem inconsistent to insist that global institutions be accountable to all those subject to their decisions while also insisting that the members of these institutions, as representatives of states, simultaneously remain accountable to the citizens of their own countries for the special responsibilities they have towards them. This difficulty seems insurmountable in light of the widespread acceptance of a state-centric conception of human rights, according to which states and only states bear primary responsibility for the protection of their citizens' rights. Against this conception, I argue that in light of the current structures of global governance the monistic ascription of human rights obligations to states is no longer plausible. Under current conditions, states are bound to fail in their ability to protect the human rights of their citizens whenever potential violations either stem from transnational regulations or are perpetrated by non-state actors. In order to show the plausibility of an alternative, pluralist conception of human rights obligations I turn to the current debate among scholars of international law regarding the human rights obligations of non-state actors. I document the various ways in which these obligations could be legally entrenched in global financial institutions such as the WTO, the IMF and the World Bank. These examples indicate feasible methods for strengthening the democratic accountability of these institutions while also respecting the accountability that participating member states owe to their own citizens. I conclude that, once the distinctions between the obligations to respect, protect and fulfill human rights are taken into account, no conceptual difficulty remains in holding states and non-state actors accountable for their respective human rights obligations.

Comment: This journal article would fit well within a course that considers the political and legal aspects of human rights. It would also be useful in a course on global justice or global democracy. It will be of particular interest to advanced undergraduates and graduate students interested in non-state actors and human rights.

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Lai, Ten-Herng. Civil Disobedience, Costly Signals, and Leveraging Injustice
2021, Ergo 7(40): 1083-1108
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Added by: Simon Fokt, Contributed by: Anonymous
Abstract: Civil disobedience, despite its illegal nature, can sometimes be justified vis-à-vis the duty to obey the law, and, arguably, is thereby not liable to legal punishment. However, adhering to the demands of justice and refraining from punishing justified civil disobedience may lead to a highly problematic theoretical consequence: the debilitation of civil disobedience. This is because, according to the novel analysis I propose, civil disobedience primarily functions as a costly social signal. It is effective by being reliable, reliable by being costly, and costly primarily by being punished. My analysis will highlight a distinctive feature of civil disobedience: civil disobedients leverage the punitive injustice they suffer to amplify their communicative force. This will lead to two paradoxical implications. First, the instability of the moral status of both civil disobedience and its punishment to the extent where the state may be left with no permissible course of action with regard to punishing civil disobedience. Second, by refraining from punishing justified civil disobedience, the state may render uncivil disobedience—illegal political activities that fall short of the standards of civil disobedience—potentially permissible.

Comment: Talks about civil disobedience, especially on how its punishment can be problematic.

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Levenbook, Barbara Baum. Are There Any Positive Rights?
1990, Archiv für Rechts- Und Sozialphilosophie 42:156-66
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Added by: Chris Blake-Turner, Contributed by: Barbara Baum Levenbook
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