Diversity Reading List

Abstract: In 1934, Karl N. Llewellyn published a lively essay trumpeting the dawn of legal realism, "On Philosophy in American Law." The charm of his defective little piece is its style and audacity. A philosopher might be seduced into reading Llewellyn’s essay by its title; but one soon learns that by "philosophy" Llewellyn only meant "atmosphere". His concerns were the "general approaches" taken by practitioners, who may not even be aware of having general approaches. Llewellyn paired an anemic concept of philosophy with a pumped-up conception of law. Llewellyn’s "law" included anything that reflects the "ways of the law guild at large" - judges, legislators, regulators, and enforcers. Llewellyn argued that the legal philosophies implicit in American legal practice had been natural law, positivism and realism, each adopted in response to felt needs of a time. We must reckon with many other implicit "philosophies" to understand the workings of the law guild, not the least of which has been racism. Others, maternalism and paternalism, my foci here, persist in American law, despite women’s progress toward equality. Both maternalism and paternalism were strikingly present in a recent decision of the U.S. Supreme Court, Gonzales v. Carhart, upholding the federal Partial-Birth Abortion Ban Act.

Abstract:

A Universal Basic Income (UBI) has much to offer, particularly to women. A UBI could help fill the gaps in U.S. social programs that leave women economically vulnerable. And the tax increase needed to fund the program poses no serious threat to the economy. The libertarian right will surely howl that “high taxes” dramatically reduce work and savings. But economic research challenges that prediction. Raising the right taxes, to fund the right programs, can render freedom and equality compatible with economic growth. Refreshingly, Van Parijs argues the case for the UBI in terms of freedom – a value too seldom invoked in American social welfare policy. For similar reasons, Bruce Ackerman and I have proposed stakeholding – a one-time, unconditional grant to young citizens. Although stakeholding and the UBI differ in important ways, I want to focus on their shared strengths: both proposals could enhance women’s freedom and economic security by breaking the link between social welfare benefits and paid work.

Abstract:
In 1987, more than a decade before the dawn of queer theory, Ifi Amadiume published the groundbreaking 'Male Daughters, Female Husbands' to critical acclaim. This compelling, enduring, and highly original book argues that gender, as constructed in Western feminist discourse, did not exist in Africa before the colonial imposition of a dichotomous understanding of sexual difference. Amadiume examines the African societal structures that enabled people to achieve power within fluid masculine and feminine roles. At a time when gender and queer theory is viewed by many as overly focused on identity politics, this apt text not only warns against the danger of projecting Western notions of difference onto other cultures, but also questions the very concept of gender itself.

Abstract:
The ideologies and realities of Islam, environmental ethics, and eco-feminism are not opposed. There is a range of overlapping ideas and practices that suggest that Islamic teachings are compatible with the tenets of environmental ethics and ecofeminism. Through exploring the holy texts’ views on the treatment of Creation, including key issues of environmental degradation and the equality of women, as well as the intersections between these two issues, this chapter argues that the moral imperative of Islam is to protect and be just and merciful to God's Creation. However, this relationship is distorted in the context of a capitalist market and patriarchal culture, enabling a reading of Islam skewed toward inequality, domination, and exploitation. Therefore, while the stewardship of the environment and the wellbeing of women is in accord with Islamic ethics, this is overshadowed by sociohistorical conditions characterized by exploitation.

Abstract: This paper evaluates the economic assumptions of economic theory via an examination of the capitalist transformation of creditor-debtor relations in the 18th century. This transformation enabled masses of people to obtain credit without moral opprobrium or social subordination. Classical 18th century economics had the ethical concepts to appreciate these facts. Ironically, contemporary economic theory cannot. I trace this fault to its abstract representations of freedom, efficiency, and markets. The virtues of capitalism lie in the concrete social relations and social meanings through which capital and commodities are exchanged. Contrary to laissez faire capitalism, the conditions for sustaining these concrete capitalist formations require limits on freedom of contract and the scope of private property rights.

Abstract: The main theoretical gap in In My Father's House - in the opinion, at least, of its author - is the lack of a proposed alternative to the account of identity in the black diaspora that the book criticizes. The pseudo- biological essentialist account of black identity is, in my judgment, now generally understood to be untenable; what is lacking is an alternative positive account of black identity. In the book I criticized the biological account as a proposed basis for identities in the continent as well: but I offered, in the chapter on "African Identities," some suggestions for a positive basis for a range of continentally based mobilizations of Africa as what I called "a vital and enabling badge." But what I had to say about diasporic identities was, to put it kindly, perfunctory. Katya Azoulay's critique of my work ("Outside Our Parents' House: Race, Culture, and Identity" in RAL 27.1 [1996]: 129-42) identifies this theoretical gap and rightly draws attention to it. Let me offer at least a sketch of an approach.

Abstract:
This article introduces the central thinkers of contemporary American Indian philosophy by discussing concerns including the nature of experience, meaning, truth, the status of the individual and community, and finally issues concerning sovereignty. The impossibility of carving up the intellectual traditions of contemporary Native scholars in North America into neat and tidy disciplines must be kept in mind. The first hallmark of American Indian philosophy is the commitment to the belief that all things are related—and this belief is not simply an ontological claim, but rather an intellectual and ethical maxim.

Abstract:
This article introduces the central thinkers of contemporary American Indian philosophy by discussing concerns including the nature of experience, meaning, truth, the status of the individual and community, and finally issues concerning sovereignty. The impossibility of carving up the intellectual traditions of contemporary Native scholars in North America into neat and tidy disciplines must be kept in mind. The first hallmark of American Indian philosophy is the commitment to the belief that all things are related—and this belief is not simply an ontological claim, but rather an intellectual and ethical maxim.

Abstract:
Although informed consent models for prescribing hormone replacement therapy are becoming increasingly prevalent, many physicians continue to require an assessment and referral letter from a mental health professional prior to prescription. Drawing on personal and communal experience, the author argues that assessment and referral requirements are dehumanising and unethical, foregrounding the ways in which these requirements evidence a mistrust of trans people, suppress the diversity of their experiences and sustain an unjustified double standard in contrast to other forms of clinical care. Physicians should abandon this unethical requirement in favour of an informed consent approach to transgender care.

Abstract:
This manuscript is from a collection of poems written by Nana Asma'u Bint Usman 'dan Fodiyo, a nineteenth-century Muslim scholar, who lived in the region now known as northern Nigeria and was an eyewitness to battles of the largest of the West-African jihads of the era. The preparation and conduct of the jihad provide the topics for Nana Asma'u's poetry. Her work also includes treatises on history, law, mysticism, theology, and politics, and was heavily influenced by the Arabic poetic tradition. Asma'u rallied public opinion behind a movement devoted to the revival of Islam in West Africa and organized a public education system for women.