Allen, Anita. 22 Atmospherics: Abortion Law and Philosophy
2004, In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press 184
-
Expand entry
-
Added by: Simon Fokt
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.Purdy, Laura. Are Pregnant Women Fetal Containers?1990, Bioethics 4(4): 273–291.-
Expand entry
-
Added by: Carl Fox
Content: Purdy offers a strong argument against overriding the decisions of pregnant women and tries to reconcile the significance of the dependence of the fetus on the mother with the mother's right to control her own body.Comment: Very useful as introductory or further reading on reproductive rights and/or abortion.
Sherman, Nancy. Torturers and the Tortured2006, South African Journal of Philosophy 25(1): 77-88.-
Expand entry
-
Added by: John Baldari
Abstract: Patrick Lenta and Jessica Wolfendale have written two very thoughtful discussions on torture. A central question that arises in responding to these essays in terms of my recent book, Stoic Warriors, is whether ancient Stoicism affords any insights into both the propensity to inflict torture as well as the capacity to endure it. Wolfendale suggests that the learned capacity to endure torture, and in particular, becoming desensitised to pain, may be part of the psychological background that informs a willingness to inflict torture. Training in resisting torture, such as that which special operations troops typically go through, involves not only learning techniques, which can then be reverse engineered in applying torture (what some argue has happened in Guantanamo Bay), but also learning the kind of stress inoculation that makes one willing to use those techniques. In short, military training that involves torture resistance hardens one’s soul and makes one indifferent to the suffering that torture involves. This indifference, Wolfendale claims, is not unlike Stoic apathy. I want to argue, on the contrary, that Stoic apathy is substantively different. However, before making the case, I take up a number of other preliminary points raised in both papers. I conclude with some remarks about interrogation in general.Comment: This article is useful for post ad bellum discussions in philosophy of war, in addition to being recommended additional reading for political philosophy and ethics.
Sherman, Nancy. The Look and Feel of Virtue2005, In Christopher Gill (ed.), Virtue, Norms, and Objectivity: Issues in Ancient and Modern Ethics. Clarendon Press-
Expand entry
-
Added by: John Baldari
Abstract: For much of the twentieth century it was common to contrast the characteristic forms and preoccupations of modern ethical theory with those of the ancient world. However, the last few decades have seen a growing recognition that contemporary moral philosophy now has much in common with its ancient incarnation, in areas as diverse as virtue ethics and ethical epistemology. Christopher Gill has assembled an international team to conduct a fascinating exploration of the relationship between the two fields, exploring key issues in ancient ethics in a way that highlights their conceptual significance for the study of ethics more generally. Virtue, Norms, and Objectivity will be as interesting and relevant to modern moral philosophers, therefore, as it will be to specialists in ancient thought.Comment: This chapter is recommended additional reading for in-depth studies on Virtue Theory specifically.
Sherman, Nancy. Virtue and a Warrior’s Anger2007, In Rebecca L. Walker & P. J. Ivanhoe (eds.), Working Virtue: Virtue Ethics and Contemporary Moral Problems. Oxford University Press.-
Expand entry
-
Added by: John BaldariAbstract:
Comment: This text is best used as additional reading in ethics and virtue. This chapter is specifically useful in philosophy of war for discussion of effects of war on combatants.
Sherman, Nancy. Empathy, Respect, and Humanitarian Intervention1998, Ethics and International Affairs 12(1): 103–119.-
Expand entry
-
Added by: John Baldari
Abstract: This essay examines the moral attitudes that underlie commitments to humanitarian intervention. Specifically, the essay seeks to explain how respect and empathy together create the ethical imperative for humanitarian intervention. Traditionally excluded from the formal discourse on humanitarian intervention, empathy is presented as an integral component of making the "ought" of humanitarian intervention psychologically feasible. The essay presents a slightly revised definition of empathy, in which empathy is the cognitive ability to place oneself in the world of another, imagining all of the realities, feelings, and circumstances of that person in the context of their world. This differs from the notion that feelings of empathy are limited to those with whom one shares a close relationship. The essay contends that the ability to identify with others is necessary in order to mobilize the feelings of respect for others into acts of humanitarian intervention.Comment: Sherman presents a slightly revised definition of empathy, in which empathy is the cognitive ability to place oneself in the world of another, imagining all of the realities, feelings, and circumstances of that person in the context of their world. Useful article to compliment discussions on the humanitarian role in war.
Sherman, Nancy. The Fabric of Character: Aristotle’s Theory of Virtue1989, Oxford: Oxford University Press.-
Expand entry
-
Added by: John BaldariPublisher’s Note:
Publisher: Most traditional accounts of Aristotle's theory of ethical education neglect its cognitive aspects. This book asserts that, in Aristotle's view, excellence of character comprises both the sentiments and practical reason. Sherman focuses particularly on four aspects of practical reason as they relate to character: moral perception, choicemaking, collaboration, and the development of those capacities in moral education. Throughout the book, she is sensitive to contemporary moral debates, and indicates the extent to which Aristotle's account of practical reason provides an alternative to theories of impartial reason.Comment: This book is useful for ethics curriculum that focus on virtue or Aristotelian focused ethics courses.
Sherman, Nancy. Stoic Warriors: The Ancient Philosophy Behind the Military Mind2005, New York: Oxford University Press.-
Expand entry
-
Added by: John BaldariPublisher’s Note:
Publisher: While few soldiers may have read the works of Epictetus or Marcus Aurelius, it is undoubtedly true that the ancient philosophy known as Stoicism guides the actions of many in the military. Soldiers and seamen learn early in their training "to suck it up," to endure, to put aside their feelings and to get on with the mission. Stoic Warriors is the first book to delve deeply into the ancient legacy of this relationship, exploring what the Stoic philosophy actually is, the role it plays in the character of the military (both ancient and modern), and its powerful value as a philosophy of life. Marshalling anecdotes from military history--ranging from ancient Greek wars to World War II, Vietnam, and Iraq--Nancy Sherman illuminates the military mind and uses it as a window on the virtues of the Stoic philosophy, which are far richer and more interesting than our popularized notions. Sherman--a respected philosopher who taught at the US Naval Academy--explores the deep, lasting value that Stoicism can yield, in issues of military leadership and character; in the Stoic conception of anger and its control (does a warrior need anger to go to battle?); and in Stoic thinking about fear and resilience, grief and mourning, and the value of camaraderie and brotherhood. Sherman concludes by recommending a moderate Stoicism, where the task for the individual, both civilian and military, youth and adult, is to temper control with forgiveness, and warrior drive and achievement with humility and humor. Here then is a perceptive investigation of what makes Stoicism so compelling not only as a guiding principle for the military, but as a philosophy for anyone facing the hardships of life.Comment: This book offers an opportunity to engage military philosophy from a modernized Stoic perspective. It is best used in conjunction with other Ancient philosophical work on warfare.
Nussbaum, Martha, Rosalind Hursthouse. Plato on Commensurability and Desire1984, Aristotelian Society Supplementary Volume 58: 55-96.-
Expand entry
-
Added by: Simon Fokt
Diversifying Syllabi: Plato’s belief in the commensurability of values (shared by modern utilitarians) ultimately “cuts very deep: taken seriously, it will transform our passions as well as our decision-making, giving emotions such as love, fear, grief, and hence the ethical problems that are connected with them, an altogether different character” (56). The upshot is that “certain proposals in ethics and social choice theory that present themselves as innocuous extensions of ordinary belief and practice could actually lead, followed and lived with severity and rigor, to the end of human life as we currently know it” (56).Comment: The text is useful in teaching ethics, especially as a critique of utilitarianism. It can also be used as a reading in history of philosophy classes focusing on ancient ethics. It is rather long, but can be used in excerpts. The paper is largely reprinted in Nussbaum's Fragility of Goodness.
Ashford, Elizabeth. Utilitarianism, Integrity, and Partiality2000, Journal of Philosophy 97(8): 421-439.-
Expand entry
-
Added by: Simon Fokt
Introduction: Bernard Williams's integrity objection against utilitarianism has made a very influential contribution to the view that utilitarianism is so demanding that it cannot be a serious option. Utilitarians, on the other hand, have generally denied that a suitably sophisticated version of utilitarianism is incompatible with agents' integrity. I argue here that, if we examine what a valuable conception of integrity consists in, we can see that it actually commits us, in the current state of the world, to extremely demanding moral obligations, on any plausible account of our moral obligations, including Williams's own. I then argue, however, that any such account of these obligations has difficulty in providing a rationale for how a fundamental conflict between them and agents' pursuit of their personal projects can be avoided. I conclude that it is, in fact, a strength of utilitarianism that it acknowledges that this conflict cannot be resolved and makes explicit the extent to which our integrity is currently compromised. I lastly argue that there is a practically realizable state of the world in which utilitarian moral obligations would not seriously conflict with agents' pursuit of their personal projects.Comment: This text offers a discussion of some of the major objections to utilitarianism. It is useful as a core reading in teaching advanced modules on moral theories, or as a further reading in a more general ethics course.
Can’t find it?Contribute the texts you think should be here and we’ll add them soon!
-
-
-
This site is registered on Toolset.com as a development site. -
-
-
-
-
-
Comment: This article offers a good way to relate practical legal problems with philosophical issues, giving the students a very direct way to see the relevance of ethics. It can inspire discussions on paternalism and its relations with global justice. Note that the article does not define the following terms which are important to understand the material: Natural law, Positivism, Realism, Atmosphere/atmospherics, Paternalism, Maternalism. Due to its focus on legal issues, the text can be better suited as further reading, or as a core reading in classes focused on applied ethics and law (following Diversifying Syllabi).