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Added by: Rochelle DuFord
Abstract: Patient competence is an essential element of every doctor-patient relationship. In this paper I provide a case report involving an older Korean man in a Hawaiian hospital who refused treatment on the basis of mistaken facts or beliefs about his doctors and treatment. I discuss the case as it relates to competency and extends it to informed consent, autonomy and paternalism. I suggest and argue firstly, that the older Korean man is not fully competent, and secondly, that if he is not fully competent, then soft and weak paternalism may be justified in his case and in cases similar to his.Ferracioli, Luara. The Appeal and Danger of a New Refugee Convention2014, Social Theory and Practice, 40 (1): 123-144.-
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Added by: Rochelle DuFord
Abstract: It is widely held that the current refugee Convention is inadequate with respect to its specification of who counts as a refugee and in its assignment of responsibility concerning refugees to states. At the same time, there is substantial agreement among scholars that the negotiation of a new Convention would lead states to extricate themselves from previously assumed responsibilities rather than sign on to a set of more desirable legal norms. In this paper, I argue that states should ultimately negotiate a new Convention, but that first they must alleviate the institutional and motivational constraints that make progress currently unattainable.Comment: This text provides a clear introduction to the philosophical treatment of the 1951 Refugee Convention. It criticises contemporary international law concerning refugees and asylum, and discusses the constraints to feasability for a new legal regime. This text would work well as an introduction to the philosophical issues involved in granting refugee status, or within a specialized context concerning the right to immigrate/migrate. It would also have a place in a class on human rights that covered greivous human rights violations and their remedy.
Gheaus, Anca. Hikers in Flip-Flops: Luck Egalitarianism, Democratic Equality and the Distribuenda of Justice2016, Journal of Applied Philosophy 35 (1):54-69-
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Added by: Carl Fox
Abstract: The article has two aims. First, to show that a version of luck egalitarianism that includes relational goods amongst its distribuenda can, as a matter of internal logic, account for one of the core beliefs of relational egalitarianism. Therefore, there will be important extensional overlap, at the level of domestic justice, between luck egalitarianism and relational egalitarianism. This is an important consideration in assessing the merits of and relationship between the two rival views. Second, to provide some support for including relational goods, including those advocated by relational egalitarianism, on the distribuenda of justice and therefore to put in a good word for the overall plausibility of this conception of justice. I show why relational egalitarians, too, have reason to sympathise with this proposal.Comment: Interesting contribution to the literature on distributive justice. Argues that luck egalitarianism can incorporate a key concern of relational egalitarians, i.e. egalitarian political relationships, as a particular good to be distibuted, thus narrowing the distinction between the views and making it less significant. Would make good further reading for anyone working on the debate between luck and relational egalitarians.
Glaude, Eddie S.. In a Shade of Blue: Pragmatism and the Politics of Black America2007, University of Chicago Press.-
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Added by: Chris Blake-Turner, Contributed by: Bart Schultz
Publisher's Note: In this timely book, Eddie S. Glaude Jr., one of our nation's rising young African American intellectuals, makes an impassioned plea for black America to address its social problems by recourse to experience and with an eye set on the promise and potential of the future, rather than the fixed ideas and categories of the past. Central to Glaude's mission is a rehabilitation of philosopher John Dewey, whose ideas, he argues, can be fruitfully applied to a renewal of African American politics. According to Glaude, Dewey's pragmatism, when attentive to the darker dimensions of life - or what we often speak of as the blues - can address many of the conceptual problems that plague contemporary African American discourse. How blacks think about themselves, how they imagine their own history, and how they conceive of their own actions can be rendered in ways that escape bad ways of thinking that assume a tendentious political unity among African Americans simply because they are black, or that short-circuit imaginative responses to problems confronting actual black people. Drawing deeply on black religious thought and literature, In a Shade of Blue seeks to dislodge such crude and simplistic thinking, and replace it with a deeper understanding of and appreciation for black life in all its variety and intricacy. Only when black political leaders acknowledge such complexity, Glaude argues, can the real-life sufferings of many African Americans be remedied. Heady, inspirational, and brimming with practical wisdom, In a Shade of Blue is a remarkable work of political commentary on a scale rarely seen today. To follow its trajectory is to learn how African Americans arrived at this critical moment in their history and to envision where they might head in the twenty-first centuryComment: A really terrific, historically sophisticated work that highlights how philosophical pragmatism can be developed in connection with critical race theory.
Greene, Amanda. Making a Living: The Human Right to Livelihood2019, In Jahel Queralt and Bas van der Vossen (eds.), Economic Liberties and Human Rights. Routledge.-
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Added by: Deryn Mair ThomasAbstract:
In this chapter I argue that we have a human right to livelihood. Although some economic rights have been defended under a human rights framework, such as freedom of occupation and the right to an adequate standard of living, the right to livelihood requires a separate defense. We have a livelihood when we are able to exercise some control over how we generate income and accumulate wealth. I argue that this control is good in itself, and that it leads to two further goods, social contribution esteem and a sense of self-provision. Beyond its being a right per se, having a livelihood also fulfills Joseph Raz’s conditions for being a constitutional right, insofar as it is a right that can be fairly and effectively protected through legal mechanisms, and for being a human right, insofar as it a right that can be suitably enforced through a system of international law.Comment (from this Blueprint): Greene's perspective, although not the same as Penner's, does share some important features, and as a result, she presents an argument for a right to livelihood which can help push students into another set of questions related to this weeks topic. These ask whether having agency over one's material resources and the manner of their acquisition is so important as to be essential, and consequently, whether that can be considered a right. One could also use this text to challenge the dominant rights narrative - perhaps a having a livelihood is essential, but not the sort of good that can be protected by rights. In that case, one could use the text to explore what other ways this important human capability might be protected, and by whom.
Gruen, Lori. Ethics and Animals: An Introduction2011, Cambridge: Cambridge University Press.-
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Added by: Rochelle DuFord
Back Matter: In this fresh and comprehensive introduction to animal ethics, Lori Gruen weaves together poignant and provocative case studies with discussions of ethical theory, urging readers to engage critically and empathetically reflect on our treatment of other animals. In clear and accessible language, Gruen provides a survey of the issues central to human-animal relations and a reasoned new perspective on current key debates in the field. She analyses and explains a range of theoretical positions and poses challenging questions that directly encourage readers to hone their ethical reasoning skills and to develop a defensible position about their own practices. Her book will be an invaluable resource for students in a wide range of disciplines including ethics, environmental studies, veterinary science, women's studies, and the emerging field of animal studies and is an engaging account of the subject for general readers with no prior background in philosophy.Comment: This book is a comprehensive introduction to ethical problems involving non-human animals. It could be the main text for a course on animal ethics, but would also make a nice addition to a unit of a course on environmental ethics or contemporary ethical problems.
Hampton, Jean. Contracts and Choices: Does Rawls Have a Social Contract Theory?1980, Journal of Philosophy 77(6): 315-338.-
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Added by: Carl Fox
Introduction: In A Theory of Justice John Rawls tells us he is presenting a social contract theory: "My aim," he writes, "is to present a conception of justice which generalizes and carries to a higher level of abstraction the familiar theory of the social contract as found in say, Locke, Rousseau, and Kant". And indeed his many and various critics have generally assumed he has a contractarian position and have criticized him on that basis. However, it will be my contention in this paper that a contractual agreement on the two principles not only does not but ought not to occur in the original position, and that, although Rawls uses contract language in his book, there is another procedure outlined in Part One of A Theory of Justice through which the two principles are selected.Comment: Questions the nature of the Rawlsian contract and asks whether it really belongs in the same tradition as Hobbes, Locke, and Rousseau. Useful if engaging with Rawls's methodology at a deep level. Would make good further reading for a module on either Rawls specifically or the social contract tradition more generally.
Hampton, Jean. Political Philosophy1996, Boulder, CO: Westview Press.-
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Added by: Carl Fox
Publisher's Note: Political philosophy, perhaps even more than other branches of philosophy, calls for constant renewal to reflect not just re-readings of the tradition but also the demands of current events. In this lively and readable survey, Jean Hampton has created a text for our time that does justice both to the great traditions of the field and to the newest developments. In a marvelous feat of synthesis, she links the classical tradition, the giants of the modern period, the dominant topics of the twentieth century, and the new questions and concerns that are just beginning to rewrite contemporary political philosophy.Hampton presents these traditions in an engaging and accessible manner, adding to them her own views and encouraging readers to critically examine a range of ideas and to reach their own conclusions. Of particular interest are the discussions of the contemporary liberalism-communitarianism debates, the revival of interest in issues of citizenship and nationality, and the way in which feminist concerns are integrated into all these discussions. Political Philosophy is the most modern text on the topic now available, the ideal guide to what is going on in the field. It will be welcomed by scholars and students in philosophy and political science, and it will serve as an introduction for readers from outside these fields.Comment: Many of the chapters would make for good introductory readings to standard topics in political philosophy, including: social contract theories, political authority, distributive justice, liberalism vs communitarianism, nationalism.
Harris, Leonard (ed.). The Critical Pragmatism of Alain Locke a Reader on Value Theory, Aesthetics, Community, Culture, Race, and Education1999, Rowman & Littlefield Publishers.-
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Added by: Chris Blake-Turner, Contributed by: Lydia Patton
Publisher's Note: In its comprehensive overview of Alain Locke's pragmatist philosophy this book captures the radical implications of Locke's approach within pragmatism, the critical temper embedded in Locke's works, the central role of power and empowerment of the oppressed and the concept of broad democracy Locke employedComment: Alain Locke (1885-1954) founded the philosophy department at Howard University. (The department is still housed in Locke hall, named for Alain, not John!) He was a pragmatist philosopher, who wrote on cultural relativism, pragmatism, and values. He is best known for his role as an aesthetic scholar of the Harlem Renaissance, but this work has deep connections to his work on the theory of race, on value theory and cultural relativism, and on pragmatism. (See the introductions to the anthologies above for more details.) Locke is an under-appreciated scholar of historical and philosophical significance. His work would provide excellent readings for courses in value theory, ethics and meta-ethics, aesthetics, pragmatism, and the philosophy of race, but would also be interesting reading for courses in epistemology, for instance, given his original stance on relativism, and his pragmatism about truth.
Hartley, Christie, Watson, Lori. Equal Citizenship and Public Reason. A Feminist Political Liberalism2018, New York: Oxford University Press-
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Added by: Björn Freter, Contributed by: Saranga Sudarshan
Publisher's Note: This book is a defense of political liberalism as a feminist liberalism. The first half of the book develops and defends a novel interpretation of political liberalism. It is argued that political liberals should accept a restrictive account of public reason and that political liberals' account of public justification is superior to the leading alternative, the convergence account of public justification. The view is defended from the charge that such a restrictive account of public reason will unduly threaten or undermine the integrity of some religiously oriented citizens and an account of when political liberals can recognize exemptions, including religious exemptions, from generally applicable laws is offered. In the second half of the book, it is argued that political liberalism's core commitments restrict all reasonable conceptions of justice to those that secure genuine, substantive equality for women and other marginalized groups. Here it is demonstrated how public reason arguments can be used to support law and policy needed to address historical sites of women's subordination in order to advance equality; prostitution, the gendered division of labor and marriage, in particular, are considered.
Comment: Defends Rawlisan Political Liberalism on feminist grounds, contrary to many longstanding critiques of Rawls's views.
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Etieyibo, Edwin. The Case of Competancy and Informed Consent
2013, Journal of Clinical Research and Bioethics, 4 (2): 1-4.
Comment: This text presents an introduction to the relationship between competance, informed consent, and autonomy in medical contexts through the use of a case study. As such, it would be a good text for an introductory course in health care ethics or biomedical ethics within a unit on autonomy or culturally-specific applications of medical ethical principles.