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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.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.
Hill Collins, Patricia. Black Feminist Thought: Knowledge, Consciousness, and the Politics of Empowerment2008, Routledge-
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Added by: Tomasz Zyglewicz, Shannon Brick, Michael GreerAbstract:
In spite of the double burden of racial and gender discrimination, African-American women have developed a rich intellectual tradition that is not widely known. In Black Feminist Thought, originally published in 1990, Patricia Hill Collins set out to explore the words and ideas of Black feminist intellectuals and writers, both within the academy and without. Here Collins provides an interpretive framework for the work of such prominent Black feminist thinkers as Angela Davis, bell hooks, Alice Walker, and Audre Lorde. Drawing from fiction, poetry, music and oral history, the result is a superbly crafted and revolutionary book that provided the first synthetic overview of Black feminist thought and its canon.Comment (from this Blueprint): An excerpt from her landmark 1991 text, Black Feminist Thought: Knowledge, Consciousness, and the Politics of Empowerment, this text sees Patricia Hill Collins outline four “controlling images” that contribute to black women’s oppression, appealing to cultural and literary devices, as well as social science literature. In the parts of this chapter not excerpted Hill Collins argues that stereotypical images and symbols of Black womanhood manipulate society’s perception and ideas about Black womanhood and, by extension, Black women which contributes to justifying their oppression.
Hoffmann, Nimi. Involuntary experiments in former colonies: The case for a moratorium2020, World Development 127, 104805-104808-
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Added by: Simon Fokt, Contributed by: Anonymous
Abstract: There is a rich literature on the use of medical trials as a model for designing and evaluating the outcomes of social policy interventions in former colonies. Yet social experimentalists have not engaged in a correspondingly vibrant discussion of medical ethics. A systematic review of social experiments shows that few studies explicitly discuss informed consent, or the serious constraints on securing informed consent from impoverished or child participants, particularly in the context of cluster randomization. The silence on informed consent, and in some cases active denial thereof, suggests that it is often considered less important than other elements of experimental design. This matters since involuntary experimentation on vulnerable people violates their personhood, increases the risk of unintended harm, and establishes continuities with colonial experimentation. There is a need to develop more effective mechanisms for regulating social experiments in former colonies. In the interim, scholars in the South have a responsibility to call for a moratorium on experiments.
Comment: Are useful counterweight to the literature on the randomise control trial is in development economics, shows that they are much more ethically controversial than they're willing to admit, also good for bringing out of the colonial aspect of even contemporary economics.
Hurd, Heidi. The Moral Magic of Consent1996, Legal Theory 2(2): 121-146.-
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Added by: Carl Fox
Abstract: We regularly wield powers that, upon close scrutiny, appear remarkably magical. By sheer exercise of will, we bring into existence things that have never existed before. With but a nod, we effect the disappearance of things that have long served as barriers to the actions of others. And, by mere resolve, we generate things that pose significant obstacles to others' exercise of liberty. What is the nature of these things that we create and destroy by our mere decision to do so? The answer: the rights and obligations of others. And by what seemingly magical means do we alter these rights and obligations? By making promises and issuing or revoking consent When we make promises, we generate obligations for ourselves, and when we give consent, we create rights for others. Since the rights and obligations that are affected by means of promising and consenting largely define the boundaries of permissible action, our exercise of these seemingly magical powers can significantly affect the lives and liberties of othersComment: Good introduction to the topic of consent as it makes clear both how strange it is as a power and how pervasive it is in our moral practices. Goes on to provide an interesting argument for consent as a subjective mental state and offers an account of what that might be. Could support a lecture or seminar on consent, or would make good further reading if the topic is only touched on briefly.
Irvin, Sherri. Appropriation and authorship in contemporary art2005, British Journal of Aesthetics 45 (2):123-137.-
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Added by: Chris Blake-Turner, Contributed by: Christy Mag Uidhir
Abstract: Appropriation art has often been thought to support the view that authorship in art is an outmoded or misguided notion. Through a thought experiment comparing appropriation art to a unique case of artistic forgery, I examine and reject a number of candidates for the distinction that makes artists the authors of their work while forgers are not. The crucial difference is seen to lie in the fact that artists bear ultimate responsibility for whatever objectives they choose to pursue through their work, whereas the forger's central objectives are determined by the nature of the activity of forgery. Appropriation artists, by revealing that no aspect of the objectives an artist pursues are in fact built in to the concept of art, demonstrate artists' responsibility for all aspects of their objectives and, hence, of their products. This responsibility is constitutive of authorship and accounts for the interpretability of artworks. Far from undermining the concept of authorship in art, then, the appropriation artists in fact reaffirm and strengthen it.Comment:
Jaggar, Alison. What is Terrorism, Why is it Wrong, and Could it Ever Be Morally Justified?2005, Journal of Social Philosophy 36(2): 202-217.-
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Added by: Carl Fox
Content: Starts with a nice historical discussion of the emergence of the term 'terrorism' and some of the ways that it changed before and after the 9/11 attacks. Jaggar offers a specification of the concept and then her own conception, which can be practiced by governments and international bodies, and then discusses several kinds of conflict in which it may be deployed as a tactic. Here is her definition: "Terrorism is the use of extreme threats or violence designed to intimidate or subjugate governments, groups, or individuals. It is a tactic of coercion intended to promote further ends that in themselves may be good, bad or indifferent. Terrorism may be practiced by governments or international bodies or forces, sub-state groups or even individuals. Its threats or violence are aimed directly or immediately at the bodies or belongings of innocent civilians but these are typically terrorists’ secondary targets; the primary targets of terrorists are the governments, groups or individuals that they wish to intimidate" (2005: 209).Comment: Would make good required reading on the subject of terrorism.
Jaworska, Agnieszka. Respecting the Margins of Agency: Alzheimer’s Patients and the Capacity to Value1999, Philosophy and Public Affairs 28(2): 105–138.-
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Added by: Simon Fokt
Introduction: Dworkin puts forth two main arguments to justify adhering to the wishes the patient expressed before becoming demented. As he sees it, this course of action both promotes the patient’s well-being and is required in order to respect the patient’s autonomy. In each argument, while I consider most of the ideas well-founded, I challenge the crucial premise. In the argument focused on the patient’s well-being, I dispute the claim that demented patients are no longer capable of generating what Dworkin calls “critical interests.” In the argument concerning autonomy, I question the premise that demented patients no longer possess the “capacity for autonomy.”7 In each case, I will trace how the problematic premise arises within Dworkin’s argument and then develop an alternative account of the relevant capacity.Comment: Jaworska asks: 'Should we, in our efforts to best respect a patient with dementia, give priority to the preferences and attitudes this person held before becoming demented, or should we follow the person’s present preferences?' (p. 108). The article offers a useful critical overview of the views expressed by Rebecca Dresser and Ronald Dworkin. It is best used as a primary reading in ethics classes focusing directly on medical ethics or autonomy, or as further reading in general ethics teaching on autonomy.
Jeffers, Chike. The Ethics and Politics of Cultural Preservation2015, Journal of Value Inquiry 49(1-2): 205-220.-
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Added by: Erich Hatala Matthes
Summary: Jeffers offers an account of the moral permissibility, and moreover, praiseworthiness of cultural preservation for the sake of the continued existence of cultural groups. He defends this argument against challenges about inauthenticity and incoherence leveled by Jeremy Waldron and Sam Scheffler. In a political context, Jeffers argues that cultural preservation can be obligatory as a component of resistance against colonialism and racism.Comment: This text is readily applicable to a variety of cultural practices that constitute part of a cultural heritage or practice. It offers thoughtful considerations for discussion concerning the reasons one might have to engage (or not) in a particular cultural artistic practice.
Jenkins, David, Kimberley Brownlee. What a Home Does2022, Law and Philosophy 41 (4):441-468-
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Added by: Deryn Mair ThomasAbstract:
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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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).