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Taylor, Elanor. Explanation and The Right to Explanation
2023, Journal of the American Philosophical Association 1:1-16
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Added by: Deryn Mair Thomas
Abstract:

In response to widespread use of automated decision-making technology, some have considered a right to explanation. In this paper I draw on insights from philosophical work on explanation to present a series of challenges to this idea, showing that the normative motivations for access to such explanations ask for something difficult, if not impossible, to extract from automated systems. I consider an alternative, outcomes-focused approach to the normative evaluation of automated decision-making, and recommend it as a way to pursue the goods originally associated with explainability.

Comment: This paper offers a clear overview of the literature on the right to explanation and counters the mainstream view that, in the context of automated decision-making technology, that we hold such a right. It would therefore offer a useful introduction to ideas about explanability in relation to the ethics of AI and automated technologies, and could be used in a reading group context as well as in upper undergraduate and graduate level courses.
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Yap, Audrey. The Logical Syntax of Prejudice: Oppression and the Constitutive A Priori
2024, In R. Cook and A. Yap (eds.), Feminist Philosophy and Formal Logic. University of Minnesota Press
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Added by: Franci Mangraviti and Viviane Fairbank
Abstract: I argue that a thoroughgoing naturalized epistemology can easily underestimate the extent to which certain background assumptions will infl uence arguments. Instead, then, I suggest that we can borrow a conceptual tool from neo-Kantian philosophy of science, namely the constitutive a priori. This idea originates in neo-Kantian philosophers who understood, in light of Einsteinian physics, that Kantian views about the a priority of space were untenable. Frameworks that adopt some version of a constitutive a priori take certain propositions to play the role of a priori principles, without granting them the universality or necessity that such principles traditionally hold. I will argue that thinking of certain views or values as having the status of constitutive a priori principles can help us understand what would be required for an epistemic agent to change them, and thus illustrate the extent to which they are resistant to being dislodged by evidence.
Comment: available in this Blueprint
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Brownlee, Kimberley. Freedom of Association: It’s Not What You Think
2015, Oxford Journal of Legal Studies 35 (2):267-282
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Added by: Deryn Mair Thomas
Abstract:

This article shows that associative freedom is not what we tend to thinkit is. Contrary to standard liberal thinking, it is neither a general moral permissionto choose the society most acceptable to us nor a content-insensitive claim-rightakin to the other personal freedoms with which it is usually lumped such asfreedom of expression and freedom of religion. It is at most (i) a highly restrictedmoral permission to associate subject to constraints of consent, necessity andburdensomeness; (ii) a conditional moral permission not to associate provided ourassociative contributions are not required; and (iii) a highly constrained, contentsensitive moral claim-right that protects only those wrongful associations thathonour other legitimate concerns such as consent, need, harm and respect. Thisarticle also shows that associative freedom is not as valuable as we tend to think itis. It is secondary to positive associative claim-rights that protect our fundamentalsocial needs and are pre-conditions for any associative control worth the name.

Comment: This paper offers a novel account of associative freedom, which counters existing philosophical consensus in the literature and proposes an account grounded in more positive claim-rights that we have as human beings to hold intimate associations throughout our lives. As such, it could be included in a course exploring the fundamentals of social philosophy, as a way to explore the basic requirements we have for social resources, as well as the rights/freedoms/obligations/duties that surround those requirements. It could also be useful as a core text in more traditional topic areas like political theory, human rights, or basic freedoms, or further reading as a counterposition to more traditional claims in those areas.
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Gheaus, Anca. Biological Parenthood: Gestational, Not Genetic
2018, Australasian Journal of Philosophy 96 (2):225-240
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Abstract:

Common sense morality and legislations around the world ascribe normative relevance to biological connections between parents and children. Procreators who meet a modest standard of parental competence are believed to have a right to rear the children they brought into the world. I explore various attempts to justify this belief and find most of these attempts lacking. I distinguish between two kinds of biological connections between parents and children: the genetic link and the gestational link. I argue that the second can better justify a right to rear.

Comment: This paper explores questions concerning the biological relevance of connections between parents and their children, ultimately arguing that the most important connection is gestational rather than genetic. The author also explores the way in which these claims allow us to challenge the status quo in relation to parental and custodial rights. Further, the authors examines how these conclusions may help in the assessment and settling of the more complex cases that have arisen as a result of developments in technology and medicine which allow a child to have more than two 'biological' biological parents. It would therefore be useful as further reading in the context of philosophical discussions of parental rights, the rights of children, and whether such rights are moral or political, as well applied or interdisciplinary contexts in which related philosophical questions arise, such as bioethics, legal theory, politics, and sociology (of the family, for example).
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Gheaus, Anca. The Right to Parent One’s Biological Babies
2011, Journal of Political Philosophy 20 (4):432-455
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Added by: Deryn Mair Thomas
Abstract:

This paper provides an answer to the question why birth parents have a moral right to keep and raise their biological babies. I start with a critical discussion of the parent-centred model of justifying parents’ rights, recently proposed by Harry Brighouse and Adam Swift. Their account successfully defends a fundamental moral right to parent in general but, because it does not provide an account of how individuals acquire the right to parent a particular baby, it is insufficient for addressing the question whether and why there is a right to parent one’s biological child. Such a right is important because, in its absence, fairness towards adequate prospective parents who are involuntarily childless would demand a ‘babies redistribution’; moreover, in societies with entrenched histories of injustice there may be reasons of fairness for shuffling babies amongst all recent parents. I supplement the Brighouse-Swift account of fundamental parental rights by an account of how adequate parents acquire the right to parent their biological babies. I advance two arguments to this conclusion: by the time of birth, the birth parents will have already shouldered various burdens in order to bring children into existence, and are likely to have formed an intimate relationship with the future baby. Denying birth parents who would make at least adequate parents the right to keep their baby would be unfair to them and would destroy already formed parent-baby relationships which, I assume, are intrinsically valuable.

Comment: This paper explores questions related to what makes parenting in general legitimate and how individuals acquire the right to parent a particular baby. The author builds on existing discussions in the literature to construct a parent-centric account of why parent's have a protected interest in being the one's to raise their biological offspring. The author's account is intended to complement, rather than compete with, with existing child-centred (fiduciary) arguments. It would therefore be interesting to read and discuss in the context of parental duties and rights, as well as the rights of children.
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Gheaus, Anca. The Best Available Parent
2021, Ethics 131 (3):431-459
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Added by: Deryn Mair Thomas
Abstract:

There is a broad philosophical consensus that both children’s and prospective parents’ interests are relevant to the justification of a right to parent. Against this view, I argue that it is impermissible to sacrifice children’s interests for the sake of advancing adults’ interest in childrearing. Therefore, the allocation of the moral right to parent should track the child’s, and not the potential parent’s, interest. This revisionary thesis is moderated by two additional qualifications. First, parents lack the moral right to exclude others from associating with the child. Second, children usually come into the world as part of a relationship with their gestational mother; often, this relationship deserves protection.

Comment: This paper takes a position counter to the general philosophical consensus on the right to parent, instead defending a child-centred answer to the question, 'How does one acquire the moral right to parent?' in which the childrens' interests take precedence over potential parents. It would therefore be interesting to read and discuss in the context parental duties and rights, as well as the rights of children.
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Vredenburgh, Kate. The Right to Explanation
2021, Journal of Political Philosophy 30 (2):209-229
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Added by: Deryn Mair Thomas
Abstract:

This article argues for a right to explanation, on the basis of its necessity to protect the interest in what I call informed self- advocacy from the serious threat of opacity. The argument for the right to explanation proceeds along the lines set out by an interest- based account of rights (Section II). Section III presents and motivates the moral importance of informed self- advocacy in hierarchical, non- voluntary institutions. Section IV argues for a right to so- called rule- based normative and causal explanations, on the basis of their necessity to protect that interest. Section V argues that this protection comes at a tolerable cost.

Comment: This paper asserts a right to explanation grounded in an interest in informed self-advocacy, the term the author uses to describe a cluster of abilities to represent one's interests and values to decision-makers and to further those interests and values within an institution. Vredenburgh also argues that such form of self-advocacy are necessary for hierarchical, non-voluntary institutions to be legitimate and fair - and it is on these grounds that a person may reasonably reject insitutional set-ups that prevent them from engaging in these abilities. In this sense, Vredenburgh's argument applies to a broader set of problems then simply algorithmic opacity - they may feasibly be applied to cases in which systems (such as bureacratic ones) deny an individual this right to explanation. Therefore, this paper presents an argument which would be useful as further or specialised reading in a variety of classroom contexts, including courses or reading groups addressing technological and algorithmic ethics, basic political rights, bureacratic ethics, as well as more general social and political philosophical courses. It might be interesting, for example, to use it to in an introductory social/political course to discuss with students some of the ethical questions that are particular to a 21st century context. As systems become more complex and individuals become further removed from the institutional decision-making that guides/rules/directs their lives, what right do we have to understand the processes that condition our experience? In what other situations might these rights become challenged?
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Weil, Simone. The Need for Roots: Prelude to a Declaration of Duties Towards Mankind
1952, New York: Routledge
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Added by: Deryn Mair Thomas
Publisher’s Note:

In The Need for Roots, her most famous book, Weil reflects on the importance of religious and political social structures in the life of the individual. She wrote that one of the basic obligations we have as human beings is to not let another suffer from hunger. Equally as important, however, is our duty towards our community: we may have declared various human rights, but we have overlooked the obligations and this has left us self-righteous and rootless. Published posthumously, The Need for Roots was a direct result of Weil's collaboration with Charles De Gaulle, where Weil set out to address the past and to propose a road map for the future of France after World War II. She painstakingly analyzes the spiritual and ethical milieu that led to France's defeat by the German army, and then addresses these issues with the prospect of eventual French victory.

Comment: This text offers a unique and original analysis of the duty to uphold community, and the bearing of community on the life of the individual. As with much of Weil's writing, the series of essays constitute a distinct contribution to the philosophical literature, in part, because they showcase a somewhat idiosyncratic style of philosophical methodology that was unique to Weil - a blend of continental style, treating philosophy as poetic prose, and analytic method, laying out an argument in sequential premises which lead the reader towards a conclusion. As such, it might constitute an interesting contribution to a course on political philosophy, by offering an alternative approach outside of 20th century canon to examining basic human rights and collective obligations. In addition, it could also be used as supplemental text in courses examines alternative philosophical methodologies, especially in political philosophy (for example, it could be paired with work by Hannah Arendt) or underexplored women of 20th century western philosophy.
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Jenkins, David, Kimberley Brownlee. What a Home Does
2022, Law and Philosophy 41 (4):441-468
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Added by: Deryn Mair Thomas
Abstract:

Analytic philosophy has largely neglected the topic of homelessness.
The few notable exceptions, including work by Jeremy Waldron and Christopher
Essert, focus on our interests in shelter, housing, and property rights, but ignore the
key social functions that a home performs as a place in which we are welcomed,
accepted, and respected. This paper identifies a ladder of home-related concepts
which begins with the minimal notion of temporary shelter, then moves to persistent
shelter and housing, and finally to the rich notion of a home which focuses on meeting
our social needs including, specifically, our needs to belong and to have meaningful
control over our social environment. This concept-ladder enables us to distinguish
the shelterless from the sheltered; the unhoused from the housed; and the unhomed
from the homed. It also enables us to decouple the concept of a home from property
rights, which reveals potential complications in people’s living arrangements. For
instance, a person could be sheltered but unhoused, housed but homeless, or, indeed,
unhoused but homed. We show that we should reserve the concept of home to
capture the rich idea of a place of belonging in which our core social needs are met.

Comment: This paper provides an in-depth exploration of existing analytic literature on the concept of home and the topic of homelessness, and provides a novel account of both. As such, it would be a useful addition to any syllabus interested in social ethics, social rights, and social needs. It could be used as a specialised reading for courses interested in questions of justice regarding access to a home or exploring the sorts of needs which constitute social needs. It is also written in a clear, straightforward style, and is therefore accessible to a wide range of experience levels, so it would be possible to use in a more introductory or general context as well. For an intro-level social or political philosohpy, for example, it could be used to introduce or supplement discussions on social welfare or duties of the state.
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Brownlee, Kimberley. The Lonely Heart Breaks: On The Right to Be a Social Contributor
2016, Aristotelian Society Supplementary Volume 90 (1):27-48
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Added by: Deryn Mair Thomas
Abstract:

This paper uncovers a distinctively social type of injustice that lies in the kinds of wrongs we can do to each other specifically as social beings. In this paper, social injustice is not principally about unfair distributions of socio-economic goods among citizens. Instead, it is about the ways we can violate each other’s fundamental rights to lead socially integrated lives in close proximity and relationship with other people. This paper homes in on a particular type of social injustice, which we can call social contribution injustice. The paper identifies two distinct forms of social contribution injustice. The first form involves compromising a person’s social resources so as to deny her adequate scope to contribute socially. The second form involves unjustly misvaluing a person as a social contributor, usually by not taking her seriously as a social contributor.

Comment: This paper offers a unique account of what distinguishes social contribution from other social goods, and makes an interesting defense of contribution as a right. It is especially relevant for discussing the extent to which we have social rights, and determining their scope, or their relationship to basic human rights. It might be useful to offer as further reading for a course on applied ethics, or could be used as a central reading in courses which focus on human rights or social rights. It also puts forward a novel understanding of social injustice which is grounded, not in distribution of goods, but in violation of rights. This aspect of the argument could be relevant to a more general discussion on conceptions of social justice.
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