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Added by: Rochelle DuFord
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.Oshana, Marina. Personal Autonomy and Society1998, Journal of Social Philosophy 29(1): 81–102.-
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Added by: Simon Fokt
Content: Oshana argues against 'internalist' theories of autonomy that focus exclusively on psychological conditions internal to the agent - what goes on inside her head - and suggests instead that certain social relations must obtain between the agent and those around her for genuine autonomy to be possible.Comment: Oshana argues that personal autonomy is a socio-relational phenomenon partially constructed by external, social relations. She also offers an interesting and detailed critique of internalist accounts, which makes the text very useful in teaching on autonomy and free will in general. The text is best used as a further reading in undergraduate and a more central required reading in postgraduate teaching. It offers a good synopsis of Gerald Dworkin's influential conception of autonomy.
Seavilleklein, Victoria. Challenging the Rhetoric of Choice in Prenatal Screening2009, Bioethics 23(1): 68-77.-
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Added by: Simon Fokt
Abstract: Prenatal screening, consisting of maternal serum screening and nuchal translucency screening, is on the verge of expansion, both by being offered to more pregnant women and by screening for more conditions. The Society of Obstetricians and Gynaecologists of Canada and the American College of Obstetricians and Gynecologists have each recently recommended that screening be extended to all pregnant women regardless of age, disease history, or risk status. This screening is commonly justified by appeal to the value of autonomy, or women's choice. In this paper, I critically examine the value of autonomy in the context of prenatal screening to determine whether it justifies the routine offer of screening and the expansion of screening services. I argue that in the vast majority of cases the option of prenatal screening does not promote or protect women's autonomy. Both a narrow conception of choice as informed consent and a broad conception of choice as relational reveal difficulties in achieving adequate standards of free informed choice. While there are reasons to worry that women's autonomy is not being protected or promoted within the limited scope of current practice, we should hesitate before normalizing it as part of standard prenatal care for all.Comment: The text introduces the notion of relational autonomy and argues that an increase in pre-natal screening can in fact act so as to restrict the autonomy of pregnant women. It is best used in teaching applied ethics modules on procreation and autonomy, and as a further reading offering a critique of approaches which do not take into account contextual features of particular situations in their moral assessment.
Slowther, Anne. Truth-telling in health care2009, Clinical Ethics 4 (4):173-175.-
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Added by: Clotilde Torregrossa, Contributed by: Simon Fokt
Abstract: This article is about the description of all the situations in which clinician find difficult to tell the truth to patients regarding their condition. Moral importance of telling the truth is recognized in both moral theory and in the practical reality of everyday living. However, empirical studies continue to show that health- care professional identify the question of truth-telling and disclosure as a source of moral and psychological discomfort in many situations. Other situation creating difficulties for clinicians are not related directly to the patient's wants or needs regarding their illness but to wider issues such as disclosure of medical error and identifying poor performance in colleagues.Comment:
Terlazzo, Rosa. Conceptualizing Adaptive Preferences Respectfully: An Indirectly Substantive Account2016, The Journal of Political Philosophy 24(2): 206-226.-
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Added by: Carl Fox
Abstract: While the concept of adaptive preferences is an important tool for criticizing injustice, it is often claimed that using the concept involves showing disrespect for persons judged to have adaptive preferences. In this paper, I propose an account of adaptive preferences that does the relevant political work while still showing persons two centrally important kinds of respect. My account is based in what I call an indirect substantive account of autonomy, which places substantive requirements on the options available to a person, rather than on the option that she ultimately prefers. This allows us to pinpoint cases in which a person's circumstances have rendered her insufficiently autonomous, without saying that any conception of the good must be non-autonomous tout court.Comment: This article would make good recommended reading for a session taking an in-depth look at adaptive preferences, or further reading if the topic was autonomy and the session broached questions about preference formation.
Thompson, Evan, Stapleton, Mog. Making Sense of Sense-Making: Reflections on Enactive and Extended Mind Theories2009, Topoi 28: 23-30-
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, Contributed by: Jimena ClavelAbstract:
This paper explores some of the differences between the enactive approach in cognitive science and the extended mind thesis. We review the key enactive concepts of autonomy and sense-making. We then focus on the following issues: (1) the debate between internalism and externalism about cognitive processes; (2) the relation between cognition and emotion; (3) the status of the body; and (4) the difference between ‘incorporation’ and mere ‘extension’ in the body-mind-environment relation.Comment: The paper is a good introduction to enactivism within the context of other situated approaches to cognition (i.e., the extended mind thesis, the thesis of embodied cognition, the thesis of embedded cognition). It can be used in an intermediate or advanced course in philosophy of mind or philosophy of cognitive science.
Todd, Loretta. Notes on Appropriation1990, Parallelogramme 16(1): 24-33.-
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Added by: Erich Hatala Matthes
Summary: Todd (Métis) situates contemporary acts of cultural appropriation in the colonial appropriation of indigenous land. She offers a normative definition of cultural appropriation according to which it is understood as the opposite of cultural autonomy. In the course of her discussion, she responds to a number of defenses of cultural appropriation that, she argues, fail to recognize the asymmetries of power in which appropriation from indigenous communities is embedded.Comment: This is an excellent text to use in order to present students with a conception of the wrong of cultural appropriation that is firmly rooted in the context of colonial power dynamics. It is short, and can be usefully compared and contrasted with the arguments presented by James O. Young in "Profound Offense and Cultural Appropriation.".
Tsai, George. Rational Persuasion as Paternalism2014, Philosophy and Public Affairs 42(1): 78-112.-
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Added by: Carl Fox
Content: Tsai argues that offering another agent reasons can sometimes count as paternalism when it is motivated by distrust of the other's agency, conveys this lack of confidence, and intervenes in the target's sphere of agency.Comment: Best suited as further or specialised reading on paternalism and agency.
Tshivhase, Mpho. Personhood2020, In: Imafidon, E. (ed.) Handbook of African Philosophy of Difference. Cham: Springer, 347-360-
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Added by: Björn Freter
Abstract: Certain descriptions of personhood imbue an individual with a particular kind of moral status. There are different person-making capacities that are generally laid out as central to the idea of personhood. Some of the person-making capacities are what people generally refer to as the grounding of certain normative requirements that enable us to respond to individuals as entities with a moral status. Herein personhood is a matter of certain capacities that create one’s moral status. These descriptions of personhood bring about a specific structure of identification that has implications for moral accountability. In this paper I aim to interpret the person-making capacities and argue that they can, in some sense, be limiting, and this may be the case in relation to women as a gender group whose personhood has not always been fairly recognized. I will argue that a view of personhood whose person-making capacities exclude a gender group can have negative implications, and I will explore two implications that I think have this negative attitude. On the one hand, a conception of personhood, especially in the descriptive sense that prioritizes rationality and free will above all else, could imply that women, by virtue of lacking such capacities, are not to be considered as individuals with a moral status, wherein society cannot hold them accountable for their actions, nor would they be able to hold others morally accountable. On the other hand, and this second implication relates to difference in the sense of uniqueness, which is grounded on personhood – if women are denied the status of a person, then they would also be excluded from exploring their uniqueness qua radical difference.
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Walker, Rebecca L.. Medical Ethics Needs a New View of Autonomy2009, Journal of medicine and philosophy 33: 594-608.-
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Added by: Simon Fokt
Abstract: The notion of autonomy commonly employed in medical ethics literature and practices is inadequate on three fronts: it fails to properly identify nonautonomous actions and choices, it gives a false account of which features of actions and choices makes them autonomous or nonautonomous, and it provides no grounds for the moral requirement to respect autonomy. In this paper I offer a more adequate framework for how to think about autonomy, but this framework does not lend itself to the kinds of practical application assumed in medical ethics. A general problem then arises: the notion of autonomy used in medical ethics is conceptually inadequate, but conceptually adequate notions of autonomy do not have the practical applications that are the central concern of medical ethics. Thus, a revision both of the view of autonomy and the practice of “respect for autonomy” are in order.Comment: Walker argues against the Black Box view advocated by Beauchamp and Childress. The text is most useful when discussing principlism in biomedical ethics and more general issues related to autonomy and consent. The text works well when read alongside's Onora O'Neill's "Some limits of informed consent."
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Oshana, Mariana. Autonomy and the Partial-Birth Abortion Act
2011, Journal of Social Philosophy, 42 (1): 46-60.
Comment: This text would be excellent to use in a course focused on abortion, any course that covers the suite of U.S. Supreme Court cases involving the right to privacy, or a course that wishes to discuss and apply the doctrine of strict scrutiny. While it requires a significant amount of background knowledge (concerning the legislative history on abortion in the United States), it provides an excellent example of applying both the principle of autonomy and the principle of strict scrutiny.