Abstract: My aim in this essay is to remove some of the rubbish that lies in the way of an appropriate understanding of rectificatory compensation, by arguing for the rejection of the counterfactual conception of compensation. Although there is a significant extent to which contemporary theorists have relied upon this idea, the counterfactual conception of compensation is merely a popular assumption, having no positive argument in support of it. Moreover, it can make rendering compensation impossible, and absurd notions of compensation can result from its use, results that may themselves constitute injustices. This latter difficulty is most troubling when the CCC is employed in large compensatory cases like the case of rectificatory compensation for the descendants of American slaves. I want to suggest that, taken together, the difficulties with the CCC yield sufficient reason for rejecting it as an acceptable rectificatory notion.
The American Value of Fear and the Indefinite Detention of Terrorist Suspects
Summary: This paper develops the claim that indefinite detention (as used by the U.S. following the attacks on September 11, 2001) is justfied by an appeal to racialized fear. Roberts argues that the indefinite detention of suspected terrorists is both immoral and unjust–claiming that arguments in favor of it (such as the interest in interrogation, the consequentialist justification, and the preventative detention argument) fail to ground the permissibility of indefinite detention.
Autonomy and the Partial-Birth Abortion Act
Summary: In this paper, Oshana argues that the U.S. Supreme Court’s decision to affirm the Partial-Birth Abortion Act was mistaken. She claims that the Partial-Birth Abortion Act cannot withstand the test of strict scrutiny, that the Act fails to respect the privacy rights of individuals, and that there are compelling reasons (based in autonomy) to allow partial-birth abortion up until the point of fetal viability. As such, she claims, the Act violates the integrity of law.
The Sexual Politics of Meat: A Feminist-Vegetarian Critical Theory
Back Matter: The Sexual Politics of Meat argues that what, or more precisely who, we eat is determined by the patriarchal politics of our culture, and that the meanings attached to meat eating are often clustered around virility. We live in a world in which men still have considerable power over women, both in public and in private. Carol Adams argues that gender politics is inextricably related to how we view animals, especially animals who are consumed. Further, she argues that vegetarianism and fighting for animal rights fit perfectly alongside working to improve the lives of disenfranchised and suffering people, under the wide umbrella of compassionate activism.
Moral Injury and Relational Harm: Analyzing Rape in Darfur
Abstract: Rather than focusing on the legal and political questions that surround genocidal rape, in this paper I treat a vital area of inquiry that has received much less attention: the moral significance of genocidal rape. My aim is to augment existing moral accounts of rape in order to address the specific contexts of genocidal rape. I move beyond understanding rape primarily as a violation of an individual’s interests or agential abilities. The account I offer builds on these approaches (as well as on a pluralist approach), by arguing that rape, as a moral injury, negatively affects the very human dignity of victims. My account also emphasizes the relational harm that marks genocidal rape.
Enforced Pregnancy, Rape, and the Image of Woman
Summary: In this essay, Cudd argues that enforced pregnancy constitutes a group harm against women, harming even women who are not forced to carry a fetus to term against their will. In this essay, she develops a theoy of group harm, arguing that forced pregnancy constitutes a similar sort of group harm as rape. Ultimately, she claims that both rape and enforced pregnancy constitute a group harm via degredation of a class (women) and an individual harm via the individual negative effects caused by enforced pregnancy.
Reproductive and Parental Autonomy: An Argument for Compulsory Education
Abstract: In this paper we argue that society should make available reliable information about parenting to everybody from an early age. The reason why parental education is important (when offered in a comprehensive and systematic way) is that it can help young people understand better the responsibilities associated with reproduction, and the skills required for parenting. This would allow them to make more informed life-choices about reproduction and parenting, and exercise their autonomy with respect to these choices. We do not believe that parental education would constitute a limitation of individual freedom. Rather, the acquisition of relevant information about reproduction and parenting and the acquisition of self-knowledge with respect to reproductive and parenting choices can help give shape to individual life plans. We make a case for compulsory parental education on the basis of the need to respect and enhance individual reproductive and parental autonomy within a culture that presents contradictory attitudes towards reproduction and where decisions about whether to become a parent are subject to significant pressure and scrutiny.
Individualism, Holism, and Environmental Ethics
Abstract: Neoclassical economists have been telling us for years that if we behave in egoistic, individualistic ways, the invisible hand of the market will guide us to efficient and sustainable futures. Many contemporary Greens also have been assuring us that if we behave in holistic ways, the invisible hand of ecology will guide us to health and sustainable futures. This essay argues that neither individualism nor holism will provide environmental sustainability. There is no invisible hand, either in economics or in ecology. Humans have no guaranteed tenure in the biosphere. Likewise there is no philosophical quick fix for environmental problems, either through the ethical individualism of Feinberg, Frankena, and Regan, or through the ecological holism of Callicott and Leopold. The correct path is more complex and tortuous than either of these ways. The essay argues that the best way to reach a sustainable environmental future probably is through a middle path best described as “hierarchical holism.”.
Neosentimentalism and Environmental Ethics
Abstract: Neosentimentalism provides environmental ethics with a theory of value that might be particularly useful for solving many of the problems that have plagued the field since its early days. In particular, a neosentimentalist understanding of value offers us hope for making sense of (1) what intrinsic value might be and how we could know whether parts of the natural world have it; (2) the extent to which value is an essentially anthropocentric concept; and (3) how our understanding of value could be compatible with both a respectable naturalism and a robust normativity.
On the Moral and Legal Status of Abortion
Summary: This paper is a response to Thomson’s influential defense of abortion. Warren argues that Thomson is mistaken that if a fetus has full moral rights, then abortion is still morally permissible. Warren, instead, argues that while fetuses participate in genetic humanity, they do not participate in the category of personhood (the category which defines the moral community). For this reason, abortion is always morally permissible and thus ought to be legally permissible.