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Added by: Erich Hatala Matthes
Summary: Harding's article offer an in-depth look at the theoretical justification for the Native American Grave Protection and Repatriation Act (NAGPRA) of 1990, paying special attention to the category of "cultural patrimony" under which non-funerary artworks will often fall if they are subject to NAGPRA. The paper focuses on three different approaches to justifying repatriation: in terms of compensation for historical injustices, the value of an object to a community, and challenging the very possibility of ownership of cultural patrimony. Harding ultimately favors this final approach, suggesting a stewardship model on which we all have obligations with respect to the protection of cultural property.Harman, Elizabeth. Can we harm and benefit in creating?2004,-
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Added by: Clotilde Torregrossa, Contributed by: Simon Fokt
Abstract: The non-identity problem concerns actions that affect who exists in the future. If such an action is performed, certain people will exist in the future who would not otherwise have existed: they are not identical to any of the people who would have existed if the action had not been performed. Some of these actions seem to be wrong, and they seem to be wrong in virtue of harming the very future individuals whose existence is dependent on their having been performed. The problem arises when it is argued that the actions do not harm these people - because the actions do not make them worse off than they would otherwise be.1 Consider: Radioactive Waste Policy: We are trying to decide whether to adopt a permissive radioactive waste policy. This policy would be less inconvenient to us than our existing practices. If we enact the newly-proposed policy, then we will cause there to be radioactive pollution that will cause illness and suffering. However, the policy will have such significant effects on public policy and industry functioning, that different people will exist in the future depending on whether we enact the policy. Two things should be emphasized. First, the illness and suffering caused will be very serious: deformed babies, children with burns from acid rain, and adults dying young from cancer. Second, the policy will affect who will exist in the future because our present practices invade people's everyday lives, for example by affecting recycling practices in the home; these practices will change if the policy is adopted. Furthermore, whether we adopt the policy will determine which plants are built where, what jobs are available, and what trucks are on the road. These effects will create small differences in everyone's lives which ultimately affect who meets whom and who conceives with whom, or at least when people conceive. This affects who exists in the future.Comment:
Harman, Elizabeth. Creation Ethics: The Moral Status of Early Fetuses and the Ethics of Abortion1999, Philosophy and Public Affairs 28 (4):310-324.-
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Added by: Clotilde Torregrossa, Contributed by: Simon Fokt
Introduction: There has been considerable discussion of the moral status of early fetuses and the ethics of the choice whether to abort a pregnancy. But one tenable view about the moral status of early fetuses has been regularly ignored. As a consequence, a very liberal view about the ethics of abortion is more attractive than has previously been thought. Let us use the term 'early fetus' as follows: (1) 'early fetus': a fetus before it has any intrinsic properties that themselves confer moral status on the fetus. I assume that there is a nonnegligible period of time in which fetuses are early fetuses in my sense; it may be as short as a few weeks or as long as several months, depending on which intrinsic properties can them- selves confer moral status. One plausible view says that an early fetus is a fetus before it has any conscious experience and before it can properly be described as the subject of experience.Comment:
Harman, Elizabeth. The potentiality problem2003, Philosophical Studies 114 (1-2):173 - 198.-
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Added by: Clotilde Torregrossa, Contributed by: Simon Fokt
Abstract: Many people face a problem about potentiality: their moral beliefs appear to dictate inconsistent views about the signifcance of the potentiality to become a healthy adult. Briefy, the problem arises as follows. Consider the following two claims. First, both human babies and cats have moral status, but harms to babies matter more, morally, than similar harms to cats. Second, early human embryos lack moral status. It appears that the first claim can only be true if human babies have more moral status than cats. Among the properties that determine moral status, human babies have no properties other than their potentiality that could explain their having more moral status than cats. So human babies' potentiality to become adult persons must explain their having more moral status than cats. But then potentiality must raise moral status generally. So early human embryos must have some moral status. It appears that the view that must underlie the first claim implies that the second claim is false.Comment:
Harman, Elizabeth. Does moral ignorance exculpate?2011, Ratio 24 (4):443-468.-
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Added by: Clotilde Torregrossa, Contributed by: Corbin Covington
Abstract: Non-moral ignorance can exculpate: if Anne spoons cyanide into Bill's coffee, but thinks she is spooning sugar, then Anne may be blameless for poisoning Bill. Gideon Rosen argues that moral ignorance can also exculpate: if one does not believe that one's action is wrong, and one has not mismanaged one's beliefs, then one is blameless for acting wrongly. On his view, many apparently blameworthy actions are blameless. I discuss several objections to Rosen. I then propose an alternative view on which many agents who act wrongly are blameworthy despite believing they are acting morally permissibly, and despite not having mismanaged their moral beliefs.1Comment:
Hawkins, Jennifer. The subjective intuition2010, Philosophical Studies 148 (1):61 - 68-
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Added by: Simon Fokt, Contributed by: Lizzy Ventham
Abstract: Theories of well-being are typically divided into subjective and objective. Subjective theories are those which make facts about a person’s welfare depend on facts about her actual or hypothetical mental states. I am interested in what motivates this approach to the theory of welfare. The contemporary view is that subjectivism is devoted to honoring the evaluative perspective of the individual, but this is both a misleading account of the motivations behind subjectivism, and a vision that dooms subjective theories to failure. I suggest that we need to revisit and reinstate certain features of traditional hedonism, in particular the idea that felt experience plays a role that no theory of welfare can afford to ignore. I then offer a sketch of a theory that is subjective in my preferred sense and avoids the worst sins of hedonism as well as the problems generated by the contemporary constraints of subjective theorists.Comment: I use this text whenever I'm teaching on well-being, including to introductory first year classes. Hawkins gives a nuanced account of what it means for theories of well-being to be objective vs subjective, and gives a range of helpful examples. She offers objections to a number of views and offers her own theory that avoids these objections.
Heal, Jane. Mental disorder and the value(s) of ‘autonomy’2012, In Autonomy and Mental Disorder, Lubomira Radoilska (ed.). New York: Oxford University Press, 3-25.-
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Added by: Jamie RobertsonAbstract:
Summary (from Introduction of Autonomy and Mental Disorder, Radoilska ed.): In 'Mental disorder and the value(s) of autonomy', Jane Heal identifies and critically examines a form of thought which is implicit in discussions about what we, as a society, owe to people with mental disorder. This form of thought builds upon intuitions which link respect for a person with respect for a person's autonomy. In light of these intuitions, the issue of how to treat a person with mental disorder may seem to revolve around the question whether or not this person has the capacity for autonomy. However, Heal argues, inquiries that share this logical form are methodologically inappropriate and potentially unhelpful in answering either of the questions they put together: what we owe to people with mental disorder and what is involved in autonomy as a capacity. The reason for this is twofold. Firstly, the apparent consensus about autonomy as a capacity for self-determination that ought to be protected from interference by a corresponding right to self-determination is too shallow to ground a coherent course of action in terms of respect for autonomy. Even if we work with the assumption that autonomy is part of the Enlightenment project, we face an important dilemma since we have to choose between a Kantian or rationality oriented and a Millian or well-being oriented take on the nature and significance of autonomy. Secondly, even if we were to reach a substantive consensus on the concept of autonomy, it would arguably require an intricate array of mental capacities, outside the reach of at least some people with mental disorder. Getting clearer on what autonomy is will not help us find out what it means to treat these people respectfully.Comment: This text would be a good candidate for inclusion in a course about autonomy, philosophy of disability, or the ethics or political philosophy of mental health or aging (due to discussion of dementia). If assigned as part of a course on autonomy, students will benefit from considering Heal's approach to breaking down the logical components of the concept and her nuanced discussion of the limitations of autonomy as a moral principle for understanding our obligations toward people with mental disorders. This second element is the central question of the paper and would be of interest when examining disability or mental health from a philosophical perspective.
Hein, Hilde. Refining Feminist Theory: Lessons from Aesthetics2010, In Hilde Hein and Carolyn Korsmeyer (eds.), Aesthetics in Feminist Perspective. Indiana University Press.-
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Added by: Clotilde Torregrossa, Contributed by: Christy Mag Uidhir
Abstract: Because it embraces a domain that is invincibly pluralistic and dynamic, aesthetic theory can serve as a model for feminist theory. Feminist theory, which takes gender as a constituted point of departure, pluralizes theory, thereby challenging its unicity. This anomalous approach to theory is also implicit in conventional aesthetics, which has for that reason been spurned by centrist philosophy. Whilst aesthetics therefore merits attention from feminists, there is reason to be wary of such classic aesthetic doctrines as the the thesis that art is "autonomous" and properly percevied "disinterestedly". That belief has roots in somatophobic dualism which ultimately leads to consequences as negative for art and the aesthetic as for women. Feminists rightly join with other critics of traditional dominative dualisms; yet they can learn from the expansive tendency in aesthetics toward openness and self-reflexive innovation.Comment:
Heinzelmann, Nora. Compensation and moral luck2021, The Monist 104 (2):251-264-
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Added by: Simon Fokt, Contributed by: AnonymousAbstract:
In some vicarious cases of compensation, an agent seems obligated to compensate for a harm they did not inflict. This raises the problem that obligations for compensation may arise out of circumstantial luck. That is, an agent may owe compensation for a harm that was outside their control. Addressing this issue, I identify five conditions for compensation from the literature: causal engagement, proxy, ill-gotten gains, constitution, and affiliation. I argue that only two of them specify genuine and irreducible grounds for compensation, and that factors determining the agent’s obligations may be beyond their control. However, I suggest that this is unproblematic. There is thus no problem of circumstantial moral luck for compensation.
Comment: Argues that there is no problem of moral luck for obligations of compensation. Surveys possible ethical justifications of compensation and may thus be used as a text in a class on reparation, restoration, and related issues in applied ethics and political philosophy. Also discusses moral luck, particularly circumstantial luck, and may thus be used to showcase how the issue of moral luck arises in the circumscribed context of compensation.
Heinzelmann, Nora. Deontology defended2018, Synthese 195 (12):5197–5216-
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Added by: Björn FreterAbstract:
Abstract: Empirical research into moral decision-making is often taken to have normative implications. For instance, in his recent book, Greene (2013) relies on empirical findings to establish utilitarianism as a superior normative ethical theory. Kantian ethics, and deontological ethics more generally, is a rival view that Greene attacks. At the heart of Greene’s argument against deontology is the claim that deontological moral judgments are the product of certain emotions and not of reason. Deontological ethics is a mere rationalization of these emotions. Accordingly Greene maintains that deontology should be abandoned. This paper is a defense of deontological ethical theory. It argues that Greene’s argument against deontology needs further support. Greene’s empirical evidence is open to alternative interpretations. In particular, it is not clear that Greene’s characterization of alarm-like emotions that are relative to culture and personal experience is empirically tenable. Moreover, it is implausible that such emotions produce specifically deontological judgments. A rival sentimentalist view, according to which all moral judgments are determined by emotion, is at least as plausible given the empirical evidence and independently supported by philosophical theory. I therefore call for an improvement of Greene’s argument.
Comment: Defends deontological ethics against debunking arguments based on neuroscientific evidence, notably Joshua Greene's critique. Can be used in a unit on neurophilosophy, empirically informed ethics, or philosophy of cognitive science; e.g., can be pitted against Greene's "The secret joke of Kant's soul"
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Harding, Sarah. Justifying Repatriation of Native American Cultural Property
1997, Indiana Law Journal 72(3): 723-74.
Comment: This is a long law review article, and so is best for more advanced classes. It is a useful text for instructors who are interested in exploring cultural property issues in a legal but philosophically informed context. One can also assign only certain sections focusing on particular issues. For a shorter article that also promotes a stewardship model, the Warren paper is a good substitute, though not likewise embedded in the legal issues (and written before the passage of NAGPRA).