Diversity Reading List

Abstract:
Rarely do labour law theories draw on disability studies. However, with the growing acceptance that both disability and labour are human rights issues that are concerned with dignity and equality, and that both fields of study tempt to address the social context of disadvantage, an opportunity emerges to bring the two discourses together. In this chapter, I take advantage of this opportunity to discuss the right to work. The interest lies in the new and crucially important direction that Article 27 of the Convention on the Rights of Persons with Disabilities (hereafter the CRPD or the Convention) has taken. Article 27, the latest international human rights instrument that has been adopted regarding the right to work, offers what I consider to be an innovative and welcome approach towards this right, while addressing some of the main concerns that were raised in the literature regarding the right to work as adopted in other international human rights documents and implemented in practice.

Abstract:
Tom Dougherty argues that consenting, like promising, requires both an appropriate mental attitude and a communication of that attitude. Thus, just as a promise is not a promise unless it is communicated to the promisee, consent is not consent unless it is communicated to the relevant party or parties. And those like us, who believe consent is just the attitude, and that it can exist without its being communicated, are in error. Or so Dougherty argues. We, however, are unpersuaded. We believe Dougherty is right about promises, but wrong about consent. Although each of us gives a slightly different account of the attitude that constitutes consent, we all agree that consent is constituted by that attitude and need not be communicated in order to alter the morality of another’s conduct.

Publisher’s Note:
The word Wasáse is the Kanienkeha (Mohawk) word for the ancient war dance ceremony of unity, strength, and commitment to action. The author notes, "This book traces the journey of those Indigenous people who have found a way to transcend the colonial identities which are the legacy of our history and live as Onkwehonwe, original people. It is dialogue and reflection on the process of transcending colonialism in a personal and collective sense: making meaningful change in our lives and transforming society by recreating our personalities, regenerating our cultures, and surging against forces that keep us bound to our colonial past."

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.

Diversifying Syllabi: Thesis: Those affected by mental disorders whose actions are episodically influenced by their disorder are often overlooked by philosophers of moral and ethical responsibility. Allen gives us reasons for thinking it is inappropriate to either: a) “summarily exclude people with mental problems out of the universe of moral agents, reducing them to the status of rocks, trees, animals, and infants” b) “include the group on the false assumption that their moral lives are precisely like the paradigmatic moral lives of the epistemically-sound and well-regulated people never personally touched by a mental condition” We must explore a revised approach to moral and ethical responsibility and obligation for this group.

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.

Publisher's Note: Understanding human beings and their distinctive rational and volitional capacities is one of the central tasks of philosophy. The task requires a clear account of such things as reasons, desires, emotions and motives, and of how they combine to produce and explain human behaviour. In Kinds of Reasons, Maria Alvarez offers a fresh and incisive treatment of these issues, focusing in particular on reasons as they feature in contexts of agency. Her account builds on some important recent work in the area; but she takes her main inspiration from the tradition that receives its seminal contemporary expression in the writings of G.E.M. Anscombe, a tradition that runs counter to the broadly Humean orthodoxy that has dominated the theory of action for the past forty years. Alvarez's conclusions are therefore likely to be controversial; and her bold and painstaking arguments will be found provocative by participants on every side of the debates with which she engages. Clear and directly written, Kinds of Reasons aims to stake out a distinctive position within one of the most hotly contested areas of contemporary philosophy.

Abstract: Reasons can play a variety of roles in a variety of contexts. For instance, reasons can motivate and guide us in our actions (and omissions), in the sense that we often act in the light of reasons. And reasons can be grounds for beliefs, desires and emotions and can be used to evaluate, and sometimes to justify, all these. In addition, reasons are used in explanations: both in explanations of human actions, beliefs, desires, emotions, etc., and in explanations of a wide range of phenomena involving all sorts of animate and inanimate substances. This diversity has encouraged the thought that the term 'reason' is ambiguous or has different senses in different contexts. Moreover, this view often goes hand in hand with the claim that reasons of these different kinds belong to different ontological categories: to facts (or something similar) in the case of normative/justifying reasons, and to mental states in the case of motivating/explanatory reasons. In this paper I shall explore some of the main roles that reasons play and, on that basis, I shall offer a classification of kinds of reasons. As will become clear, my classification of reasons is at odds with much of the literature in several respects: first, because of my views about how we should understand the claim that reasons are classified into different kinds; second, because of the kinds into which I think reasons should be classified; and, finally, because of the consequences I think this view has for the ontology of reasons.

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.