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Srinivasan, Amia. Sex as a Pedagogical Failure
2020, 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.
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Olberding, Amy. “The feel of not to feel it”: Lucretius’ remedy for death anxiety
2005, Philosophy and Literature 29 (1):114-129
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Added by: Deryn Mair Thomas
Abstract:

Do Lucretius’ vivid evocations of pain and suffering render impotent his therapy for fear of death? Lucretius’ readers have long noted the discord between his avowed aim to provide a rational foundation for cool detachment from death and his impassioned and acute attention to nature’s often cruel brutality. I argue that Lucretius does have a viable remedy for death anxiety but that this remedy significantly departs from Epicurus’ original counsel. Lucretius’ remedy confesses its origins in a heightened, rather than benumbed, sensitivity to the affective and somatic features of human experience, culminating in “the feel of not to feel it.”

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Olberding, Amy. Sorrow and the Sage: Grief in the Zhuangzi
2007, Dao: A Journal of Comparative Philosophy 6 (4):339-359
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Added by: Deryn Mair Thomas
Abstract:

The Zhuangzi offers two apparently incompatible models of bereavement. Zhuangzi sometimes suggests that the sage will greet loss with unfractured equanimity and even aplomb. However, upon the death of his own wife, Zhuangzi evinces a sorrow that, albeit brief, fits ill with this suggestion. In this essay, I contend that the grief that Zhuangzi displays at his wife’s death better honors wider values averred elsewhere in the text and, more generally, that a sage who retains a capacity for sorrow will be better positioned for the robust joy so often identified as central to the Zhuangzi’s vision of flourishing. The sagely figures who entirely forego sorrow, I argue, achieve equanimity only through a sacrifice of the emotional range and responsiveness necessary not only for grief but also for the delight Zhuangzi recommends.

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Olberding, Amy. Etiquette: A Confucian Contribution to Moral Philosophy
2016, Ethics 126 (2):422-446
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Added by: Deryn Mair Thomas
Abstract:

The early Confucians recognize that the exchanges and experiences of quotidian life profoundly shape moral attitudes, moral self-understanding, and our prospects for robust moral community. Confucian etiquette aims to provide a form of moral training that can render learners equal to the moral work of ordinary life, inculcating appropriate cognitive-emotional dispositions, as well as honing social perception and bodily expression. In both their astute attention to prosaic behavior and the techniques they suggest for managing it, I argue, the Confucians afford a model useful for appropriation in contemporary efforts to address small but potent moral harms such as microinequities

Comment: This paper explores the bearing of etiquette on moral sensibility, action, and character, through the philosophy of Confucianism and its concept of 'li 禮'. The author draws attention to the fact that early Confucianism placed an uncharacteristic emphasis on the development of good etiquette as a core component of the development of a moral character. She highlights this feature of Confucian ethics, in part, because it runs counter to much of traditional ethical theory in western philosohpy - where manners and etiquette, as mere social norms, are treated as 'notoriously fallible,' imperfect and often arbitrary: not principles on which we would think to base guidelines for moral development. Olberding, however, argues in their favor: that these rules 'arise in sensitivity to human need', and that robust adherence to them cultivates not only our actions but our character when it comes to interacting with other. The argument is especially straightforward and clear, and does not require any advanced or previous exposure to Confucian ethics, making it accessible to a wide range of ability levels. It would make an interesting addition to any introductory course in ethics, but could also be used to augment a more advanced discussion about contemporary ethical debates. (There are notable connections to the work of other contemporary philosophers discussing sociality and need, including Kimberley Brownlee, Soran Reader, and Anca Gheaus.)
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Olberding, Amy. Subclinical Bias, Manners, and Moral Harm.
2014, Hypatia 29 (2):287-302
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Added by: Deryn Mair Thomas
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Mundane and often subtle forms of bias generate harms that can be fruitfully understood as akin to the harms evident in rudeness. Although subclinical expressions of bias are not mere rudeness, like rudeness they often manifest through the breach of mannerly norms for social cooperation and collaboration. At a basic level, the perceived harm of mundane forms of bias often has much to do with feeling oneself unjustly or arbitrarily cut out of a group, a group that cooperates and collaborates but does not do so with me. Appealing to the subtle but familiar choreography of mannered social interaction, I argue, makes it easier to recognize how exclusion can be accomplished through slight but symbolically significant gestures and styles of interaction, where bias manifests not in announced hostility but in an absence of the cooperation and collaboration upon which we rely socially.

Comment: This paper explores a manifestation of bias in the form of rudeness (or breaches of good manners) that are specifically attached to social identity. The author targets academic philosophy and the mundane and subtle forms of rudeness that cause, in particular, women to be excluded (and feel excluded) from the discipline, but also makes a more general claim about how the disregard for conventional good manners may make addressing and combatting a wide varity of biases more difficult in many different social contexts. The ideas discussed in the paper bear broad relevance to the philosophical study of bias and exclusion, contemporary feminism, civility and etiquette, and themes in the philosophy of social justice. However, the paper could also be used in discussion about professional and workplace ethics, since it also indirectly considers some normative questions about what kinds of etiquette we should extend to those with whom we cooperate and collaborate.
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Olberding, Amy. Community Practices and Getting Good at Bad Emotions
2023, Royal Institute of Philosophy Supplement 93:9-21
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Added by: Deryn Mair Thomas
Abstract:

Early Confucian philosophy is remarkable in its attention to everyday social interactions and their power to steer our emotional lives. Their work on the social dimensions of our moral-emotional lives is enormously promising for thinking through our own context and struggles, particularly, I argue, the ways that public rhetoric and practices may steer us away from some emotions it can be important to have, especially negative emotions. Some of our emotions are bad – unpleasant to experience, reflective of dissatisfactions or even heartbreak – but nonetheless quite important to express and, more basically, to feel. Grief is like this, for example. So, too, is disappointment. In this essay, I explore how our current social practices may fail to support expressions of disappointment and thus suppress our ability to feel it well.

Comment: This essay explores the ways that society and social culture can either facilitate or inhibit our opportunities to practice feeling, experiencing, and managing bad (or undesirable) emotions, and the problems that might be associated with our failure to do so. In particular, the author focuses on the feelings of grief and dissapointment, highlighting their importance in the context of a full and flourishing life. Without them, we may lose other interpersonal and empathetic skills which allow us to live well with others and approach others in good faith. As such, this essay bears obvious relevance to topic areas such as philosophy of death and Confucian philosophy, but also applies more broadly to questions about the practice of virtue, philosophy of emotions, applied/everday ethics, and the cultivation of pro-social habits.
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Wai Wai CHIU. The Debate over Xing in the Outer Chapters of the Zhuangzi
2022, Dao: A Journal of Comparative Philosophy 21, 549–567
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, Contributed by: I Xuan Chong
Abstract: Contemporary discussions of xing are often inspired by the Confucian tradition, but recent studies have brought the Zhuangzi 莊子 to the table as a viable alternative. In this essay, I present three different accounts of xing 性 in the Outer Chapters: (1) the primitivists who emphasize body vitality and simple life, (2) the Huang-Lao 黃老 school that emphasizes the balance among different things and the overall cosmological order, and (3) skill stories that look at individual skill masters rather than people in general or the role of the human species in the cosmos, entertain only the descriptive dimension of xing, and cast doubt on the normative status of xing. These three accounts can be read as responding to each other, and each shares certain themes with the Inner Chapters in different ways. Together, they demonstrate the complexity of the Zhuangzi’s view on xing and complicate attempts of cross-textual comparison.
Comment: Best read together with Kim-chong Chong's "Zhuangzi and the Issue of Human Nature". Prior knowledge of the Zhuangzi is helpful.
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Kim‐chong Chong. Zhuangzi and the Issue of Human Nature
2023, Dao: A Journal of Comparative Philosophy 22, 237–254
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, Contributed by: I Xuan Chong
Abstract: The issue of human nature or xing 性 was a major philosophical topic of the mid- and late-Warring States period of ancient China. It was famously discussed, for example, in the Mencius. Zhuangzi 莊子 lived around the same time as Mencius and one might expect that he, too, would have discussed it. Surprisingly, the term xing is absent from the Inner Chapters of the Zhuangzi. There have been different responses to this, namely, that Zhuangzi: used different terms equivalent to xing; believed that human nature is bad (despite not mentioning xing); was deliberately silent on xing as an oblique way of criticizing others such as Mencius. I review these claims and pro- vide an analysis of how xing was mainly conceptualized during the Warring States period in essentialist terms. I shall read Zhuangzi’s philosophy as transcending this conceptual framework. Instead of a theory of human nature, Zhuangzi provides sto- ries and descriptions of the different facets of human behavior and their psychologi- cal and other complexities. These often have an epistemic focus that stand indepen- dently of any theory of human nature.
Comment: A useful discussion of Zhuangzi's views about human nature. Best read together with Wai Wai CHIU's "The Debate over Xing in the Outer Chapters of the Zhuangzi". Prior knowledge of the Zhuangzi is helpful.
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Brownlee, Kimberley. Freedom of Association: It’s Not What You Think
2015, Oxford Journal of Legal Studies 35 (2):267-282
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Added by: Deryn Mair Thomas
Abstract:

This article shows that associative freedom is not what we tend to thinkit is. Contrary to standard liberal thinking, it is neither a general moral permissionto choose the society most acceptable to us nor a content-insensitive claim-rightakin to the other personal freedoms with which it is usually lumped such asfreedom of expression and freedom of religion. It is at most (i) a highly restrictedmoral permission to associate subject to constraints of consent, necessity andburdensomeness; (ii) a conditional moral permission not to associate provided ourassociative contributions are not required; and (iii) a highly constrained, contentsensitive moral claim-right that protects only those wrongful associations thathonour other legitimate concerns such as consent, need, harm and respect. Thisarticle also shows that associative freedom is not as valuable as we tend to think itis. It is secondary to positive associative claim-rights that protect our fundamentalsocial needs and are pre-conditions for any associative control worth the name.

Comment: This paper offers a novel account of associative freedom, which counters existing philosophical consensus in the literature and proposes an account grounded in more positive claim-rights that we have as human beings to hold intimate associations throughout our lives. As such, it could be included in a course exploring the fundamentals of social philosophy, as a way to explore the basic requirements we have for social resources, as well as the rights/freedoms/obligations/duties that surround those requirements. It could also be useful as a core text in more traditional topic areas like political theory, human rights, or basic freedoms, or further reading as a counterposition to more traditional claims in those areas.
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Gheaus, Anca. Biological Parenthood: Gestational, Not Genetic
2018, Australasian Journal of Philosophy 96 (2):225-240
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Common sense morality and legislations around the world ascribe normative relevance to biological connections between parents and children. Procreators who meet a modest standard of parental competence are believed to have a right to rear the children they brought into the world. I explore various attempts to justify this belief and find most of these attempts lacking. I distinguish between two kinds of biological connections between parents and children: the genetic link and the gestational link. I argue that the second can better justify a right to rear.

Comment: This paper explores questions concerning the biological relevance of connections between parents and their children, ultimately arguing that the most important connection is gestational rather than genetic. The author also explores the way in which these claims allow us to challenge the status quo in relation to parental and custodial rights. Further, the authors examines how these conclusions may help in the assessment and settling of the more complex cases that have arisen as a result of developments in technology and medicine which allow a child to have more than two 'biological' biological parents. It would therefore be useful as further reading in the context of philosophical discussions of parental rights, the rights of children, and whether such rights are moral or political, as well applied or interdisciplinary contexts in which related philosophical questions arise, such as bioethics, legal theory, politics, and sociology (of the family, for example).
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