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Added by: Carl Fox
Introduction: [The doctrine of "hypothetical consent"] teaches that your obligation depends not on any actual act of consenting, past or present, by yourself or your fellow-citizens, but on the character of the government. If it is a good, just government doing what a government should, then you must obey it; if it is a tyrannical, unjust government trying to do what no government may, then you have no such obligation. Or to put it another way, your obligation depends not on whether you have consented but on whether the government is such that you ought to consent to it, whether its actions are in accord with the authority a hypothetical group of rational men in a hypothetical state of nature would have (had) to give to any government they were founding. Having shown how this formulation emerges from Locke's and Tussman's ideas, I want now to defend it as a valid response to what troubles us about political obligation, and as a response more consonant than most with the moral realities of human decisions about obedience and resistance. At the same time the discussion should also demonstrate how many different or even conflicting things that one might want to call "consent" continue to be relevant - a fact which may help to explain the tenacity of traditional consent theory in the face of its manifest difficulties. Such a defense and demonstration, with detailed attention to such decisions, are difficult; the discussion from here on will be more speculative, and will raise more questions than it answers.Pitkin, Hanna. Obligation and Consent – I1965, The American Political Science Review 59, December: 990-999.-
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Added by: Carl Fox
Introduction: One might suppose that if political theorists are by now clear about anything at all, they should be clear about the problem of political obligation and the solution to it most commonly offered, the doctrine of consent. The greatest modern political theorists took up this problem and formulated this answer. The resulting theories are deeply imbedded in our American political tradition; as a consequence we are al- ready taught a sort of rudimentary consent theory in high school. And yet I want to suggest that we are not even now clear on what "the problem of political obligation" is, what sorts of "answers" are appropriate to it, what the con- sent answer really says, or whether it is a satis- factory answer. This essay is designed to point up the extent of our confusion, to explore some of the ground anew as best it can, and to invite further effort by others. That such effort is worthwhile, that such political theory is still worth considering and that it can be made genuinely relevant to our world, are the assump- tions on which this essay rests and the larger message it is meant to conveyComment: Still a good introduction to the topic of political obligation and does a nice job of distinguishing some of the main questions within that topic. Very thorough discussion of Locke. The third section on Tussman is a bit dated, but does discuss some of the issues surrounding political obligation and children and adults who are not fully competent.
Lotz, Mianna. Procreative reasons relevance: on the moral significance of why we have children2009, Bioethics 23(5): 291-299.-
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Added by: Simon Fokt
Abstract: Advances in reproductive technologies – in particular in genetic screening and selection – have occasioned renewed interest in the moral justifiability of the reasons that motivate the decision to have a child. The capacity to select for desired blood and tissue compatibilities has led to the much discussed 'saviour sibling' cases in which parents seek to 'have one child to save another'. Heightened interest in procreative reasons is to be welcomed, since it prompts a more general philosophical interrogation of the grounds for moral appraisal of reasons-to-parent, and of the extent to which such reasons are relevant to the moral assessment of procreation itself. I start by rejecting the idea that we can use a distinction between 'other-regarding' and 'future-child-regarding' reasons as a basis on which to distinguish good from bad procreative reasons. I then offer and evaluate three potential grounds for elucidating and establishing a relationship between procreative motivation and the rightness/wrongness of procreative conduct: the predictiveness, the verdictiveness, and the expressiveness of procreative reasons.Comment: This text is best used in teaching on procreative rights and the ethics of abortion. Since it is rather specialised, we recommend offering it as further reading in undergraduate applied ethics modules, but would suggest making it a required reading in postgraduate teaching.
Guenther, Lisa. Solitary Confinement: Social Death and its Afterlives2013, Minneapolis: University of Minnesota Press.-
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Added by: Rochelle DuFord
Abstract: Prolonged solitary confinement has become a widespread and standard practice in U.S. prisons - even though it consistently drives healthy prisoners insane, makes the mentally ill sicker, and, according to the testimony of prisoners, threatens to reduce life to a living death. In this profoundly important and original book, Lisa Guenther examines the death-in-life experience of solitary confinement in America from the early nineteenth century to today's supermax prisons. Documenting how solitary confinement undermines prisoners' sense of identity and their ability to understand the world, Guenther demonstrates the real effects of forcibly isolating a person for weeks, months, or years. -/- Drawing on the testimony of prisoners and the work of philosophers and social activists from Edmund Husserl and Maurice Merleau-Ponty to Frantz Fanon and Angela Davis, the author defines solitary confinement as a kind of social death. It argues that isolation exposes the relational structure of being by showing what happens when that structure is abused - when prisoners are deprived of the concrete relations with others on which our existence as sense-making creatures depends. Solitary confinement is beyond a form of racial or political violence; it is an assault on being.Comment: This text serves as both a clear introduction to the history of punishment and imprisonment in the United States, as well as a clear introduction to phenomenological method. Portions of the text on the experience of social death in solitary confinement would make excellent additions to introductory courses on prisons and punishment. Some chapters would also be fitting on classes concerning race and mass incarceration.
Kantymir, Lori, Carolyn McLeod. Justification for Conscience Exemptions in Health Care2013, Bioethics 28 (1): 16-23.-
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Added by: Rochelle DuFord
Abstract: Some bioethicists argue that conscientious objectors in health care should have to justify themselves, just as objectors in the military do. They should have to provide reasons that explain why they should be exempt from offering the services that they find offensive. There are two versions of this view in the literature, each giving different standards of justification. We show these views are each either too permissive (i.e. would result in problematic exemptions based on conscience) or too restrictive (i.e. would produce problematic denials of exemption). We then develop a middle ground position that we believe better combines respect for the conscience of healthcare professionals with concern for the duties that they owe to patients. Our claim, in short, is that insofar as objectors should have to justify themselves, they should have to do it according to the standard that we defend rather than according to the standards that others have developed.Comment: This text responds to two proposals for justifying concientious objection in the provision of health care services: genuineness and reasonableness. It would fit well within a course on medical ethics or bioethics. It also would fit well within a more general course on professional ethics, as it concerns the question of when a professional is able to justify the omission of an action that they are bound by professional duty to complete.
Anderson, Elizabeth. Value in Ethics and Economics1993, Cambridge: Harvard University Press.-
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Added by: Rochelle DuFord
Summary: Elizabeth Anderson offers a new theory of value and rationality that rejects cost-benefit analysis in our social lives and in our ethical theories. This account of the plurality of values thus offers a new approach, beyond welfare economics and traditional theories of justice, for assessing the ethical limitations of the market. In this light, Anderson discusses several contemporary controversies involving the proper scope of the market, including commercial surrogate motherhood, privatization of public services, and the application of cost-benefit analysis to issues of environmental protection.Comment: This book as a whole would be an excellent addition to an upper level course on morals and markets. The last three chapters (7-9) cover a number of applied issues in economics and ethics. Chapter 8, "Is Women's Labor a Commodity" would be an especially good addition to a course on business ethics or biomedical ethics that discusses paid surrogacy.
Oshana, Mariana. Autonomy and the Partial-Birth Abortion Act2011, Journal of Social Philosophy, 42 (1): 46-60.-
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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.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.
Adams, Carol. The Sexual Politics of Meat: A Feminist-Vegetarian Critical Theory2000, New York City: Continuum.-
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Added by: Rochelle DuFord
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.Comment: This is a clear and easily accessible introductory text on the relationship of feminism to vegetarianism. The text is compelling and interesting, making a chapter or two excellent for an introductory course that concerns feminism, gender politics, other animals, or vegetarianism. The text in its entirety would be excellent in an upper division course concerning ecofeminism.
Cudd, Ann E.. Enforced Pregnancy, Rape, and the Image of Woman1990, Philosophical Studies, 60 (1-2): 47-59.-
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Added by: Rochelle DuFord
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.Comment: This text serves as a good introduction to the idea of a group harm. Further, it would fit well in a class that covers the ethics of sex, sexual violence, pregnancy, or abortion. If you plan to utilize this reading in the context of a biomedical ethics course covering abortion, it would be helpful to have first covered other classical readings on the topic (Marquis and Thomson, at least).
Warren, Mary Anne. On the Moral and Legal Status of Abortion1973, The Monist, 57 (4): 43-61.-
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Added by: Rochelle DuFord
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.Comment: This reading is a good response to Thomson's influential violinist case. The text is a bit complex, and would be better suited for a course that considered issues of abortion and infanticide in an in depth way.
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Pitkin, Hanna. Obligation and Consent – II
1966, The American Political Science Review 60, March: 39-52.
Comment: Largely superseded by later work (see, for instance, Stark's 'Hypothetical Consent and Justification'), but still an interesting exploration of hypothetical consent and legitimate authority, as well as offering further critique of actual consent theories of political obligation. Would make for good further reading or an option for anyone attracted to more of a history of philosophy approach.