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Added by: Rochelle DuFord
Abstract: This paper examines the roles of culture in the principles of biomedical ethics. Drawing on examples from African, Navajo and Western cultures, the paper maintains that various elements of culture are indispensable to the application of the principles of biomedical ethics.Adams, Laurie. Art on Trial: From Whistler to Rothko1976, New York: Walker & Co-
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Added by: Clotilde Torregrossa, Contributed by: Christy Mag Uidhir
Publisher's Note: This book examines six modern art trials covering a wide range of legal and artistic considerations ... the first in-depth examination of the art trial from every intriguing point of view.Comment: Of particular interest is chapter 4: Traitor or forger? - Van Meegeren vs. Vermeer, dealing with issues of authenticity, forgery, and art ontology
Alexander, Larry, Hurd, Heidi, Westen, Peter. Consent Does Not Require Communication: A Reply to Dougherty2016, Law and Philosophy. 35: 655-660.-
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Added by: Emma Holmes, David MacDonald, Yichi Zhang, and Samuel Dando-MooreAbstract:
Tom Dougherty argues that consenting, like promising, requires both an appropriate mental attitude and a communication of that attitude.Thus, just as a promise is not a promise unless it is communicated to the promisee, consent is not consent unless it is communicated to the relevant party or parties. And those like us, who believe consent is just the attitude, and that it can exist without its being communicated, are in error. Or so Dougherty argues. We, however, are unpersuaded. We believe Dougherty is right about promises, but wrong about consent. Although each of us gives a slightly different account of the attitude that constitutes consent, we all agree that consent is constituted by that attitude and need not be communicated in order to alter the morality of another’s conduct.Comment (from this Blueprint): The authors argue that consent is an attitude, rather than an act of communication. They give two examples to support this view where the communication of consent doesn’t occur or goes wrong somehow, but nonetheless (they claim) it is intuitively a consensual interaction.
Allen, Anita. 22 Atmospherics: Abortion Law and Philosophy2004, In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press 184-
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Added by: Simon Fokt
Abstract: In 1934, Karl N. Llewellyn published a lively essay trumpeting the dawn of legal realism, "On Philosophy in American Law." The charm of his defective little piece is its style and audacity. A philosopher might be seduced into reading Llewellyn’s essay by its title; but one soon learns that by "philosophy" Llewellyn only meant "atmosphere". His concerns were the "general approaches" taken by practitioners, who may not even be aware of having general approaches. Llewellyn paired an anemic concept of philosophy with a pumped-up conception of law. Llewellyn’s "law" included anything that reflects the "ways of the law guild at large" - judges, legislators, regulators, and enforcers. Llewellyn argued that the legal philosophies implicit in American legal practice had been natural law, positivism and realism, each adopted in response to felt needs of a time. We must reckon with many other implicit "philosophies" to understand the workings of the law guild, not the least of which has been racism. Others, maternalism and paternalism, my foci here, persist in American law, despite women’s progress toward equality. Both maternalism and paternalism were strikingly present in a recent decision of the U.S. Supreme Court, Gonzales v. Carhart, upholding the federal Partial-Birth Abortion Ban Act.Comment: This article offers a good way to relate practical legal problems with philosophical issues, giving the students a very direct way to see the relevance of ethics. It can inspire discussions on paternalism and its relations with global justice. Note that the article does not define the following terms which are important to understand the material: Natural law, Positivism, Realism, Atmosphere/atmospherics, Paternalism, Maternalism. Due to its focus on legal issues, the text can be better suited as further reading, or as a core reading in classes focused on applied ethics and law (following Diversifying Syllabi).
Anderson, Elizabeth. Uses of value judgments in science: A general argument, with lessons from a case study of feminist research on divorce2004, Hypatia 19 (1):1-24.-
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Added by: Simon Fokt, Contributed by: Karoline Paier
Abstract: The underdetermination argument establishes that scientists may use political values to guide inquiry, without providing criteria for distinguishing legitimate from illegitimate guidance. This paper supplies such criteria. Analysis of the confused arguments against value-laden science reveals the fundamental criterion of illegitimate guidance: when value judgments operate to drive inquiry to a predetermined conclusion. A case study of feminist research on divorce reveals numerous legitimate ways that values can guide science without violating this standard.
Comment: Gives a very good introduction into values in science, provides a good basis for discussing values in science, including a very insightful case study. However, it can be challenging for students to grasp the structure of the argument.
Ashley, Florence. Gatekeeping Hormone Replacement Therapy for Transgender Patients is Dehumanising2019, The Journal of Medical Ethics. 45: 480-482.-
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Added by: Chris Blake-TurnerAbstract:
Although informed consent models for prescribing hormone replacement therapy are becoming increasingly prevalent, many physicians continue to require an assessment and referral letter from a mental health professional prior to prescription. Drawing on personal and communal experience, the author argues that assessment and referral requirements are dehumanising and unethical, foregrounding the ways in which these requirements evidence a mistrust of trans people, suppress the diversity of their experiences and sustain an unjustified double standard in contrast to other forms of clinical care. Physicians should abandon this unethical requirement in favour of an informed consent approach to transgender care.Comment (from this Blueprint): Ashley draws on their own experiences as a trans person, as well as that of the trans community more broadly, to argue against assessment and referral requirements for hormone-replacement therapy (HRT). Ashley argues instead for an informed consent model, on which providers of HRT are not gatekeepers of transness, but facilitators of thoughtful decision-making.
2018, Sociology and Anthropology 6(3): 313-320-
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Added by: Andrea Blomqvist, Contributed by: Rosa Vince
Abstract: This paper seeks to share what Bondage-Domination-Sado-Masochism/Kink might offer to feminist understandings of sexuality, gender and power. It has been written by members of the Kinky Collective, a group that seeks to raise awareness about BDSM in India. The paper addresses four key themes. The first theme relates to the subversion of gender and sexual norms in kink from a feminist lens. It challenges popular notions of BDSM which seem to reflect heteropatriarchy, evoking images of, typically, a cisman dominating a ciswoman, making her submit to his desires. The paper argues that this assumption invisibilises male submissiveness with female dominants as well as queer/same sex kink. Even if a seemingly ‘mainstream’ submissive role is chosen by a woman, it has the capacity to be feminist as roles and dynamics are intentional, discussed, negotiated and consented to by all involved unlike in ‘real life’ where power dynamics are rarely acknowledged. Since kink is solidly in the area of playfulness and experimentation, it also makes for a safe space for gender transgressive persons. The second theme addressed by the paper related to Kink, Feminism and Desire. It argues that kink enables a paradigm shift from consent for harm reduction to consent for enabling pleasure and the exploration of desires. It offers another paradigm shift, away from false consciousness to one that brings to focus on the unconscious. In this third theme of the unconscious, the paper challenges the false binary of sexual fantasies being ‘OK’ vs. ‘not OK’. The unconscious allows for a link between the personal and political such that our politics is less judgmental. Being in that space where our desires seem to collide with our politics might help challenge the overly rational framework of feminism and help us move perhaps from a politics of certainty to a politics of doubt. The fourth theme of the paper relates to the question of Power in Kink. It argues that kink challenges binary notions of powerful and powerfulness because submission is powerful and that it is precisely because the submissive submits that the Dominant can dominate. Using these four subthemes, we argue that kink can contribute to feminist thought and praxis in India.Comment: In courses on feminism and philosophy of sex this text will be extremely useful as it offers some key responses to the arguments that feminism and sadomasochism are incompatible.
Barclay, Linda. Genetic Engineering and Autonomous Agency2003, Journal of applied philosophy 20(3): 223–236.-
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Added by: Simon Fokt
Abstract: In this paper I argue that the genetic manipulation of sexual orientation at the embryo stage could have a detrimental effect on the subsequent person's later capacity for autonomous agency. By focussing on an example of sexist oppression I show that the norms and expectations expressed with this type of genetic manipulation can threaten the development of autonomous agency and the kind of social environment that makes its exercise likely.Comment: Useful mainly in the context of (the limitations of) reproductive rights and as a further reading on the ethics of genetic engineering and human enhancement.
Barnes, Elizabeth. Valuing Disability, Causing Disability2014, Ethics, 125 (1): 88-113.-
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Added by: Rochelle DuFord
Abstract: Disability rights activists often claim that disability is not - by itself - something that makes disabled people worse off. A popular objection to such a view of disability is this: were it correct, it would make it permissible to cause disability and impermissible to cause nondisability (or impermissible to 'cure' disability, to use the value-laden term). The aim of this article is to show that these twin objections don't succeed.Comment: This text intervenes in the debate over whether disability, itself, makes someone worse off (the mere-disability/bad-disability debate). It could serve as a clear introduction to the sorts of arguments that support the view that disability is a bad-making feature of someone's life, and contains easily understood counter-examples to that view. It has a place in a course covering disability, impairment, bioethics, autonomy, and social minorities.
Barnes, Elizabeth. Disability, Minority, and Difference2009, Journal of Applied Philosophy 26(4): 337-355.-
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Added by: Emily Paul
Abstract: In this paper I develop a characterization of disability according to which disability is in no way a sub?optimal feature. I argue, however, that this conception of disability is compatible with the idea that having a disability is, at least in a restricted sense, a harm. I then go on to argue that construing disability in this way avoids many of the common objections leveled at accounts which claim that disability is not a negative feature.Comment: Really useful in an applied ethics course or, for instance, in a metaphysics course when teaching about social ontology and social constructivism. This would be a great primary or secondary reading for the latter. If being used as a primary reading, students could simply be asked as seminar preparation to summarise Barnes' argument in their own words. I think it's really important to get a good handle on, and having this question as preparation will get students thinking about it in depth beforehand. As this is quite a substantial task, it would be fine for this to be the only set question. I really think everyone should read this paper.
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Abímbọ́lá, Kọ́lá. Culture and the Principles of Biomedical Ethics
2013, Journal of Commercial Biotechnology, 19 (3): 31-39.
Comment: This text presents a clear introduction to questions about the application of biomedical ethical principles outside of Western medical contexts. It contains a good overview of the Western interpretation and application of autonomy, as well as other, culturally specific, interpretations of autonomy in medical contexts. This makes it useful as a text to introduce students to the way in which conflicts occur over the application of medical ethical principles in context prior to looking at specific cases (such as Jehovah's Witnesses refusal to accept blood transfusions or the well known case of the Hmong medical culture).