Topic: Political Philosophy -> Justice
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Olberding, Amy. A Sensible Confucian Perspective on Abortion
2015, Dao: A Journal of Comparative Philosophy 14 (2):235-253.

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Added by: Chris Blake-Turner
Abstract: Confucian resources for moral discourse and public policy concerning abortion have potential to broaden the prevailing forms of debate in Western societies. However, what form a Confucian contribution might take is itself debatable. This essay provides a critique of Philip J. Ivanhoe's recent proposal for a Confucian account of abortion. I contend that Ivanhoe's approach is neither particularly Confucian, nor viable as effective and humane public policy. Affirmatively, I argue that a Confucian approach to abortion will assiduously root moral consideration and public policy in evidence-based strategies that recognize the complexity of the phenomena of unplanned pregnancy and abortion. What most distinguishes a Confucian approach, I argue, is a refusal to treat abortion as a moral dilemma that stands free of the myriad social conditions and societal inequities in which empirical evidence shows it situates.
Comment: This paper could be usefully coupled with the Ivanhoe paper it criticizes, but it does a good job of summarizing that view and so can also stand on its own. It's an especially useful example of how to apply Confucian principles to a vexed contemporary moral issue. It also provides a good model of a Confucian-inspired philosopher criticizing another on grounds internal to that tradition, which can be used to dispel the thought that Confucian particularism leads to an "anything goes" approach to moral problems.
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Olsaretti, Serena. Liberty, Desert and the Market: A Philosophical Study
2004, Cambridge University Press.

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Added by: Carl Fox
Abstract: Are inequalities of income created by the free market just? In this book Serena Olsaretti examines two main arguments that justify those inequalities: the first claims that they are just because they are deserved, and the second claims that they are just because they are what free individuals are entitled to. Both these arguments purport to show, in different ways, that giving responsible individuals their due requires that free market inequalities in incomes be allowed. Olsaretti argues, however, that neither argument is successful, and shows that when we examine closely the principle of desert and the notions of liberty and choice invoked by defenders of the free market, it appears that a conception of justice that would accommodate these notions, far from supporting free market inequalities, calls for their elimination. Her book will be of interest to a wide range of readers in political philosophy, political theory and normative economics.
Comment: Attacks libertarian defences of market distributions on the grounds that they are either justified or the result of free choices. Provides a good counterpoint to Nozick's entitlement theory in particular, and draws out important issues on the relationship between choice, voluntariness, and responsibility. Olsaretti's own account of voluntariness, which she develops in the later chapters is hugely influential. Would make good reading for an in-depth treatment of libertarianism and/or Nozick's entitlement theory. Would also provide very substantial further reading.
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Olsaretti, Serena. Freedom, Force and Choice: Against the Rights-Based Definition of Voluntariness
1998, Journal of Political Philosophy 6(1): 53-78.

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Added by: Carl Fox
Introduction: This paper argues that a moralised definition of voluntariness, alongside the more familiar moralised definition of freedom, underlies libertarian justifications of the unbridled market. Through an analysis of Nozick's account of voluntary choice, I intend to reveal some fatal mistakes, and to put forward some suggestions regarding what a satisfactory account of voluntary choice requires.
Comment: Offers a number of influential criticisms of Nozickian libertarianism and goes on to lay out the basis for Olsaretti's own influential account of voluntariness. Would make a good required reading or further reading.
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Oyěwùmí, Oyèrónkẹ́. Visualizing the Body: Western Theories and African Subjects
1997, in The Invention of Women. Making an African Sense of Western Gender Discourse. London: University of Minnesota Press

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Added by: Björn Freter & Marc Gwodog
Abstract:
The “woman question,” this book asserts, is a Western one, and not a proper lens for viewing African society. A work that rethinks gender as a Western construction, The Invention of Women offers a new way of understanding both Yoruban and Western cultures. Author Oyeronke Oyewumi reveals an ideology of biological determinism at the heart of Western social categories-the idea that biology provides the rationale for organizing the social world. And yet, she writes, the concept of “woman,” central to this ideology and to Western gender discourses, simply did not exist in Yorubaland, where the body was not the basis of social roles. Oyewumi traces the misapplication of Western, body-oriented concepts of gender through the history of gender discourses in Yoruba studies. Her analysis shows the paradoxical nature of two fundamental assumptions of feminist theory: that gender is socially constructed and that the subordination of women is universal. The Invention of Women demonstrates, to the contrary, that gender was not constructed in old Yoruba society, and that social organization was determined by relative age. A meticulous historical and epistemological account of an African culture on its own terms, this book makes a persuasive argument for a cultural, context-dependent interpretation of social reality. It calls for a reconception of gender discourse and the categories on which such study relies. More than that, the book lays bare the hidden assumptions in the ways these different cultures think. A truly comparative sociology of an African culture and the Western tradition, it will change the way African studies and gender studies proceed.
Comment (from this Blueprint): A foundational and controversial work of African (feminist) philosophy. Oyěwùmí introduces the idea of gender being a Western construct that has been imposed on African communities. Oyěwùmí provides a perspective on the Western discourse on sex and gender widely unknown within Western philosophical institutions.
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Oyěwùmí, Oyèrónkẹ́. (Re)constituting the Cosmology and Sociocultural Institutions of Ọ̀yọ́-Yorùbá
1997, in The Invention of Women. Making an African Sense of Western Gender Discourse. London: University of Minnesota Press

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Added by: Björn Freter & Marc Gwodog
Abstract:
The “woman question,” this book asserts, is a Western one, and not a proper lens for viewing African society. A work that rethinks gender as a Western construction, The Invention of Women offers a new way of understanding both Yoruban and Western cultures. Author Oyeronke Oyewumi reveals an ideology of biological determinism at the heart of Western social categories-the idea that biology provides the rationale for organizing the social world. And yet, she writes, the concept of “woman,” central to this ideology and to Western gender discourses, simply did not exist in Yorubaland, where the body was not the basis of social roles. Oyewumi traces the misapplication of Western, body-oriented concepts of gender through the history of gender discourses in Yoruba studies. Her analysis shows the paradoxical nature of two fundamental assumptions of feminist theory: that gender is socially constructed and that the subordination of women is universal. The Invention of Women demonstrates, to the contrary, that gender was not constructed in old Yoruba society, and that social organization was determined by relative age. A meticulous historical and epistemological account of an African culture on its own terms, this book makes a persuasive argument for a cultural, context-dependent interpretation of social reality. It calls for a reconception of gender discourse and the categories on which such study relies. More than that, the book lays bare the hidden assumptions in the ways these different cultures think. A truly comparative sociology of an African culture and the Western tradition, it will change the way African studies and gender studies proceed.
Comment (from this Blueprint): A foundational and controversial work of African (feminist) philosophy. Oyěwùmí introduces the idea of gender being a Western construct that has been imposed on African communities. Oyěwùmí provides a perspective on the Western discourse on sex and gender widely unknown within Western philosophical institutions.
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Pasternak, Avia. Political Rioting: A Moral Assessment
2018, Philosophy and Public Affairs

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, Contributed by: Henry Krahn
Abstract:
Avia Pasternak offers a moral assessment of political rioting, focusing on cases like the riots over the police killing of Freddie Gray in Baltimore in 2015 and the 2005 French Banlieu riots. As she notes, there are two common responses to such cases: that rioters are just the same as common criminals, or that rioters are morally worse than common criminals. In response, Pasternak develops an analysis of political rioting as a form of "spontaneous, disorganized, public collective violence in order to protest against and to defy [the] political order" (2). In her view, political rioting ought to be understood as a form of defensive harm--harm inflicted in order to avert an attack, as in justified cases of self-defence or just wars. Those who engage in political rioting, Pasternak argues, "do so in order to bring an end, or at least to ameliorate their on-going unjust treatment at the hands of their state. It follows then that in determining the appropriate moral response to rioters, we ought to examine their actions in light of the various constraints offered by just war theorists" (3). Pasternak focuses on three such constraints: necessity, success, and proportionality. And she argues that, objections to the contrary notwithstanding, "under circumstances that are not far from those we find in some real-world democracies, the resort to political rioting can comply with the criteria of permissible defensive harm" (4).
Comment: This paper offers a thorough and careful discussion of political rioting that is deeply informed by real-life cases, which it discusses in detail. This paper would be a great starting place for a class discussion over what people are entitled to do in situations of entrenched injustice, or over the limits of morally acceptable protest. The paper's analysis builds on the just war literature, so the paper could also be used in a class on the ethics of war to discuss how principles from that literature apply to domestic politics.
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Patridge, Stephanie. Exclusivism and Evaluation: Art, Erotica and Pornography
2013, in Pornographic Art and the Aesthetics of Pornography, ed. by Hans Maes (London: Palgrave Macmillan).

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Added by: Simon Fokt
Content: Patridge discusses and rejects some of the main arguments for the exclusivist thesis that no pornography can be art: Levinson’s, Mag Uidhir’s, and one based on Rea’s definition of pornography. In doing so, she offers a useful overview of some other arguments already used against those authors. This leads her to conclude that at least some pornography can be art. A normative question follows: should we treat pornography as art? Given the high cultural status of art, and the often unethical nature of pornography, doing so might lead us to promoting unethical attitudes. She finds such treatment too unselective: at least some pornography isn’t morally problematic (and some of it can actually be morally laudable), while much of art, including erotic art, definitely is. But consumption of pornography cannot be taken out of our paternalistic and sexist cultural context. As most pornography is inegalitarian and expresses (and possibly promotes) harmful attitudes towards women, enjoying it constitutes a moral flaw. This is true even if the consumer is never inspired to actually harm women – in those cases enjoyment of pornography constitutes moral obliviousness, a ‘failure of sensitivity and solidarity with the victims of such imagery’ (54) similar to taking enjoyment in racist jokes.
Comment: This text offers a good and brief overview of the main points in the art and pornography debate. This makes it a good ‘one-stop-shop’ for classes which do not wish to look at it more closely. Alternatively, it can be used as an introduction to the topic and followed by some more specific papers. It also engages the normative question and offers a discussion of moral issues related to pornography. This will likely prove to be a very interesting point for class discussions.
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Peetush, Ashwani Kumar, Drydyk, Jay. Human Rights: India and the West
2015, Oxford University Press.

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Added by: Clotilde Torregrossa, Contributed by: Ashwani Kumar Peetush
Publisher's Note: The question of how to arrive at a consensus on human rights norm in a diverse, pluralistic, and interconnected global environment is critical. This volume is a contribution to an intercultural understanding of human rights in the context of India and its relationship to the West. The legitimacy of the global legal, economic, and political order is increasingly premised on the discourse of international human rights. Yet the United Nations' Declaration of Human Rights developed with little or no consultation from non-Western nations such as India. In response, there has developed an extensive literature and cross-cultural analysis of human rights in the areas of African, East-Asian, and Islamic studies, yet there is a comparative dearth of conceptual research relating to India. As problematically, there is an lacuna in the previous literature; it simply stops short at analyzing how Western understandings of human rights may be supported from within various non-Western cultural self-understandings; yet, surely, there is more to this issue. The chapters in this collection pioneer a distinct approach that takes such deliberation to a further level by examining what it is that the West itself may have to learn from various Indian articulations of human rights as well.
Comment: The subject of human rights in a pluralistic world is critical. Drawing on the vast traditions of India and the West, this volume is unique in providing interdisciplinary essays that range from theoretical, philosophical, normative, social, legal, and olitical issues in the conceptualization and application of a truly global understanding of human rights. While previous literature stops short at asking how Western understandings may be articulated in non-Western cultures, the essays here urthermore examine what the West may have to learn from Indian understandings.
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Pitkin, Hanna. Obligation and Consent – I
1965, The American Political Science Review 59, December: 990-999.

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Added by: Carl Fox
Introduction: One might suppose that if political theorists are by now clear about anything at all, they should be clear about the problem of political obligation and the solution to it most commonly offered, the doctrine of consent. The greatest modern political theorists took up this problem and formulated this answer. The resulting theories are deeply imbedded in our American political tradition; as a consequence we are al- ready taught a sort of rudimentary consent theory in high school. And yet I want to suggest that we are not even now clear on what "the problem of political obligation" is, what sorts of "answers" are appropriate to it, what the con- sent answer really says, or whether it is a satis- factory answer. This essay is designed to point up the extent of our confusion, to explore some of the ground anew as best it can, and to invite further effort by others. That such effort is worthwhile, that such political theory is still worth considering and that it can be made genuinely relevant to our world, are the assump- tions on which this essay rests and the larger message it is meant to convey
Comment: Still a good introduction to the topic of political obligation and does a nice job of distinguishing some of the main questions within that topic. Very thorough discussion of Locke. The third section on Tussman is a bit dated, but does discuss some of the issues surrounding political obligation and children and adults who are not fully competent.
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Pitkin, Hanna. Obligation and Consent – II
1966, The American Political Science Review 60, March: 39-52.

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Added by: Carl Fox
Introduction: [The doctrine of "hypothetical consent"] teaches that your obligation depends not on any actual act of consenting, past or present, by yourself or your fellow-citizens, but on the character of the government. If it is a good, just government doing what a government should, then you must obey it; if it is a tyrannical, unjust government trying to do what no government may, then you have no such obligation. Or to put it another way, your obligation depends not on whether you have consented but on whether the government is such that you ought to consent to it, whether its actions are in accord with the authority a hypothetical group of rational men in a hypothetical state of nature would have (had) to give to any government they were founding. Having shown how this formulation emerges from Locke's and Tussman's ideas, I want now to defend it as a valid response to what troubles us about political obligation, and as a response more consonant than most with the moral realities of human decisions about obedience and resistance. At the same time the discussion should also demonstrate how many different or even conflicting things that one might want to call "consent" continue to be relevant - a fact which may help to explain the tenacity of traditional consent theory in the face of its manifest difficulties. Such a defense and demonstration, with detailed attention to such decisions, are difficult; the discussion from here on will be more speculative, and will raise more questions than it answers.
Comment: Largely superseded by later work (see, for instance, Stark's 'Hypothetical Consent and Justification'), but still an interesting exploration of hypothetical consent and legitimate authority, as well as offering further critique of actual consent theories of political obligation. Would make for good further reading or an option for anyone attracted to more of a history of philosophy approach.
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