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Added by: Rochelle DuFordAbstract: 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.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.
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Added by: Clotilde Torregrossa, Contributed by: Christy Mag UidhirAbstract: In her excellent "Feminist Art History and De Facto Significance," for example, aesthetician Susan L. Feagin explains how her initial skepticism about Continental approaches-especially those drawing on Foucault, Marx, Levi-Strauss, Lacan, and "even Derrida and poststructuralist literary theory" - gave way to an appreciation of how these approaches encourage, in a way analytic aesthetics does not, "the trenchant analyses and acute observations that have emerged from feminist art historians" (305). And, indeed, although she goes on to suggest how traditional aesthetics might accommodate feminist and other politically informed analyses, she cautions that "it is too easy to miss the most innovative aspects of another's view if one tries to understand it only in terms of one's own theoretical perspective" (305).(from review by Sally Markowitz, Hypatia Vol. 11, No. 3 (Summer, 1996), pp. 169-172)
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Added by: Rochelle DuFordAbstract: 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.
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Added by: Chris Blake-Turner, Contributed by: Christy Mag UidhirAbstract: Two assumptions are common in discussions of the paradox of tragedy: (1) that tragic pleasure requires that the work be fictional or, if non-fiction, then non-transparently represented; and (2) that tragic pleasure may be provoked by a wide variety of art forms. In opposition to (1) I argue that certain documentaries could produce tragic pleasure. This is not to say that any sad or painful documentary could do so. In considering which documentaries might be plausible candidates, I further argue, against (2), that the scope of tragic pleasure is limited to works that possess certain thematic and narrative features.Comment: This is a clearly written paper that can be used in teaching a wide array of topics in aesthetics, especially the literatures on emotional engagement with art, and documentary film. Friend does not presuppose much background knowledge on these issues. As such, this paper would make for an excellent addition to an introduction to aesthetics module, perhaps being used as a main reading for units on emotion and art. A more focused upper-division module on a subject such as philosophy of film could also benefit from this paper's inclusion.
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Added by: Carl FoxAbstract:
Several philosophers argue that individuals have an interest-protecting right to parent; specifically, the interest is in rearing children whom one can parent adequately. If such a right exists it can provide a solution to scepticism about duties of justice concerning distant future generations and bypass the challenge provided by the non-identity problem. Current children - whose identity is independent from environment-affecting decisions of current adults - will have, in due course, a right to parent. Adequate parenting requires resources. We owe duties of justice to current children, including the satisfaction of their interest-protecting rights; therefore we owe them the conditions for rearing children adequately in the future. But to engage in permissible parenting they, too, will need sufficient resources to ensure their own children's future ability to bring up children under adequate conditions. Because this reasoning goes on ad infinitum it entails that each generation of adults owes its contemporary generation of children at least those resources that are necessary for sustaining human life indefinitely at an adequate level of wellbeing.
Comment: Novel approach to climate change and intergenerational justice. Article argues that we owe it to future generations to ensure that they have access to sufficient resources to realise their right to parent by providing an adequate life for their children. Would make interesting reading in a module on either environmental justice or on the family.
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Added by: Deryn Mair ThomasAbstract:
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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Added by: Deryn Mair ThomasAbstract:
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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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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Added by: Chris Blake-Turner, Contributed by: Bart SchultzPublisher'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.
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Added by: Chris Blake-Turner, Contributed by: Christy Mag UidhirIntroduction: The concept of artistic freedom, like that of academic freedom, is as potent as it is slippery. Its indeterminacy may in fact lend the concept some power, since it can be uncritically applied to many different kinds of situations involving artists and their creations. Philosopher Paul Crowther has observed that the prevailing conception of artistic freedom is essentially negative in character: it is based 'purely on the absence of ideological or conceptual restraint.' There is a widespread art-world intuition that the creative freedom of the artist should be given virtually absolute precedence in decisions about the creation, exhibition, and treatment of artworks. As a recent controversy involving Swiss artist Christoph Buchel and the Massachusetts Museum of Contemporary Art (Mass MoCA) shows, the dominant conception of artistic freedom also entails freedom from financial and logistical constraints such as museum budgets and exhibition deadlines. In this particular case, the artist and his supporters argued that the museum violated his artistic freedom by attempting to display his unfinished and abandoned artwork against his wishes. As with the Tilted Arc controversy in the 1980s, this case raises provocative questions about the nature of artistic freedom as 'artistic' as it comes into conflict with the needs and interests of the institutions that pay for, exhibit, and, in Mass MoCA's case, construct the work.