Diversity Reading List

Publisher's Note: Few subjects have generated so many newspaper headlines and such heated controversy as the treatment, or non-treatment, of handicapped newborns. In 1982, the case of Baby Doe, a child born with Down's syndrome, stirred up a national debate in the United States, while in Britain a year earlier, Dr. Leonard Arthur stood trial for his decision to allow a baby with Down's syndrome to die. Government intervention and these recent legal battles accentuate the need for a reassessment of the complex issues involved. This volume--by two authorities on medical ethics--presents a philosophical analysis of the subject based on particular case studies. Addressing the doctrine of the absolute sanctity of life, Singer and Kuhse examine some actual cases where decisions have been reached; consider the criteria for making these decisions; investigate the differences between killing and letting die; compare Western attitudes and practices with those of other cultures; and conclude by proposing a decision-making framework that offers a rational alternative to the polemics and confusion generated by this highly controversial topic.

Abstract:
Civil disobedience, despite its illegal nature, can sometimes be justified vis-à-vis the duty to obey the law, and, arguably, is thereby not liable to legal punishment. However, adhering to the demands of justice and refraining from punishing justified civil disobedience may lead to a highly problematic theoretical consequence: the debilitation of civil disobedience. This is because, according to the novel analysis I propose, civil disobedience primarily functions as a costly social signal. It is effective by being reliable, reliable by being costly, and costly primarily by being punished. My analysis will highlight a distinctive feature of civil disobedience: civil disobedients leverage the punitive injustice they suffer to amplify their communicative force. This will lead to two paradoxical implications. First, the instability of the moral status of both civil disobedience and its punishment to the extent where the state may be left with no permissible course of action with regard to punishing civil disobedience. Second, by refraining from punishing justified civil disobedience, the state may render uncivil disobedience—illegal political activities that fall short of the standards of civil disobedience—potentially permissible.

Abstract: Medical complicity in torture is prohibited by international law and codes of professional ethics. But in the many countries in which torture is common, doctors frequently are expected to assist unethical acts that they are unable to prevent. Sometimes these doctors face a dilemma: they are asked to provide diagnoses or treatments that respond to genuine health needs but that also make further torture more likely or more effective. The duty to avoid complicity in torture then comes into conflict with the doctor's duty to care for patients. Sometimes the right thing for a doctor to do requires complicity in torture. Whether this is the case depends on: the expected consequences of the doctor's actions; the wishes of the patient; and the extent of the doctor's complicity with wrongdoing. Medical associations can support physicians who face this dilemma while maintaining a commitment to clear principles denouncing torture.

Abstract:

Abstract: Essays on excusing conditions and their correlates, mitigating conditions, usually begin with the assumption that there is general agreement on what the standard excuses are, and on where they are inapplicable. This assumption is justified; criminal law and the history of discussions of excuses have produced accord, though now and then doubts are expressed about particulars. Essays on excuses typically aim not so much to convince one that such-and-such are the general types of excuses but, rather, to show how they work and what their operation reveals about the nature of voluntary acts, full responsibility, etc.

Abstract: My aim in this essay is to defend the claim that posthumous harm is possible against an argument that assumes that an event harms a person only if it makes it the case that his or her welfare diminishes (compared to some benchmark) and further assumes that no one exists after death. This argument gets a purchase against posthumous harm only if one adds what I call Mortality-Bounded Welfare: the thesis that no events that occur after the end of one-s life can detrimentally affect one-s welfare. I accept the first two assumptions with some modification, but provide an argument to reject Mortality-Bounded Welfare. Although I use an argument form familiar in these kinds of discussions -- contrast cases in a thought-experiment, one involving an undeniably living person, and one not -- my defense of the thesis that the boundaries of welfare-affecting events may extend beyond the existence of the person in question is novel. My strategy is to make a case for a human condition having residual boundaries, by which I mean that it may obtain because of events that postdate a person, and then argue that it affects welfare. In the course of my argument, I provide a subsidiary argument that rights have residual boundaries. In particular, I argue that once rights vest (in existing people), they delineate not only a sphere of behavior that satisfies the rights but also a sphere of rights-violating behavior on the part of others. Unless this delineation is defeated by moral means, actual behavior on the part of others that falls within the respective spheres is right-satisfying or right-violating. The story does not change with regard to a right to performances potentially or necessarily postdating the right-holder. Unlike some attempts to argue that posthumous harm is possible, my defense of the possibility of posthumous harm is compatible with various metaphysical positions about when a posthumous harm occurs. I go on to demonstrate that my thought-experiment argument is free of an important objection (raised by Taylor, 2005) to two well-known attempts to defend posthumous harm on the basis of thought-experiments, Parfit-s (1984) and Feinberg-s (1984). For the sake of completeness, I sketch a different thought-experiment argument against Mortality-Bounded Welfare. I explain why this different thought-experiment does not make use of the idea of rights with residual boundaries. In closing, I trace a recent attempt, grounded in our agency, to argue for the possibility of posthumous harm. This attempt accepts, as mine does, the assumptions about welfare diminution and nonexistence after death and is likewise compatible with various metaphysical positions about when posthumous harm occurs. The argument in question is provided by Keller (2004) and is compatible with analyses of welfare offered by Scanlon and Raz. Although I grant its underlying assumption that agency sometimes has a posthumous extension, I argue that my defense of the possibility of posthumous harm is superior to this one by expanding on a recent criticism of its position on welfare offered by Bradley (2007).

Abstract: In this paper, I argue that one of the most intense ways women are encouraged to enjoy sublime experiences is via attempts to control their bodies through excessive dieting. If this is so, then the societal-cultural contributions to the problem of eating disorders exceed the perpetuation of a certain beauty ideal to include the almost universal encouragement women receive to diet, coupled with the relative shortage of opportunities women are afforded to experience the sublime.

Abstract: Advances in reproductive technologies – in particular in genetic screening and selection – have occasioned renewed interest in the moral justifiability of the reasons that motivate the decision to have a child. The capacity to select for desired blood and tissue compatibilities has led to the much discussed 'saviour sibling' cases in which parents seek to 'have one child to save another'. Heightened interest in procreative reasons is to be welcomed, since it prompts a more general philosophical interrogation of the grounds for moral appraisal of reasons-to-parent, and of the extent to which such reasons are relevant to the moral assessment of procreation itself. I start by rejecting the idea that we can use a distinction between 'other-regarding' and 'future-child-regarding' reasons as a basis on which to distinguish good from bad procreative reasons. I then offer and evaluate three potential grounds for elucidating and establishing a relationship between procreative motivation and the rightness/wrongness of procreative conduct: the predictiveness, the verdictiveness, and the expressiveness of procreative reasons.

Publisher’s Note:
Nineteen prominent Native artists, educators, and activisits share their candid and often profound thoughts on what it means to be a Native American woman in the early 21st century. Their stories are rare and often intimate glimpses of women who have made a conscious decision to live every day to its fullest and stand for something larger than themselves.

Publisher’s Note:
In this essay, Mariátegui offers an analysis of Peruvian literary practices and a criticism of some of its central figures. He argues that what has been construed as a “national literature” erases the contributions of Indigenous cultures to Peruvian identity, and, in doing so, it partly contributes to the marginalization of Indigenous Peruvians.