Topic: Political Philosophy -> Law and Public Policy
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Miranda, Dana Francisco. Critical commemorations
2020, Journal of Global Ethics 16(3): 422-430

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Added by: Ten-Herng Lai
Abstract:
Drawing on the works of Friedrich Nietzsche, this contribution will examine commemorative practices alongside critical modes of historical engagement. In Untimely Meditations, Friedrich Nietzsche documents three historical methodologies—the monumental, antiquarian and critical—which purposely use history in non-objective ways. In particular, critical history desires to judge and reject historical figures rather than repeat the past or venerate the dead. For instance, in recent protests against racism there have also been calls to decolonize public space through the defacement, destruction, and removal of monuments. There is thus much potential in critical history being used to address ongoing harms.
Comment (from this Blueprint): This paper brings out nicely doubts on the objectivity of history as it is presented to us. The pretence of objective history can be used as an oppressive tool to delegitimise the critical reflection of the history of the marginalised. A particular point of interest is objecting to the standards of "greatness," which could be found very plausible. It seems that we have indeed been honouring people who have done great (from a certain point of view) but terrible things.
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Nguyen, C. Thi. Monuments as commitments: How art speaks to groups and how groups think in art
2019, Pacific Philosophical Quarterly, 100(4): 971-994

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Added by: Ten-Herng Lai
Abstract:
Art can be addressed, not just to individuals, but to groups. Art can even be part of how groups think to themselves – how they keep a grip on their values over time. I focus on monuments as a case study. Monuments, I claim, can function as a commitment to a group value, for the sake of long-term action guidance. Art can function here where charters and mission statements cannot, precisely because of art's powers to capture subtlety and emotion. In particular, art can serve as the vessel for group emotions, by making emotional content sufficiently public so as to be the object of a group commitment. Art enables groups to guide themselves with values too subtle to be codified.
Comment (from this Blueprint): This paper highlights the role monuments can play as groups attempt to speak to itself to solidify its own commitment. As a form of art, it can publicly reinforce the commitments, especially through carrying the emotions, attitudes that cannot be easily expressed in propositions, towards certain individuals or ideals. The commitments can be something great, evil, or mediocre. Also consider the fact that art engages with our emotions rather than our rational capacity.
Nussbaum, Martha. Hiding from Humanity: Disgust, Shame, and the Law
2004, Princeton University Press.

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Back matter: "Should laws about sex and pornography be based on social conventions about what is disgusting? Should felons be required to display bumper stickers or wear T-shirts that announce their crimes? This powerful and elegantly written book, by one of America's most influential philosophers, presents a critique of the role that shame and disgust play in our individual and social lives and, in particular, in the law. Martha Nussbaum argues that we should be wary of these emotions because they are associated in troubling ways with a desire to hide from our humanity, embodying an unrealistic and sometimes pathological wish to be invulnerable. Nussbaum argues that the thought-content of disgust embodies ""magical ideas of contamination, and impossible aspirations to purity that are just not in line with human life as we know it."" She argues that disgust should never be the basis for criminalizing an act, or play either the aggravating or the mitigating role in criminal law it currently does. She writes that we should be similarly suspicious of what she calls ""primitive shame,"" a shame ""at the very fact of human imperfection,"" and she is harshly critical of the role that such shame plays in certain punishments. Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references--from Aristotle and Freud to Nazi ideas about purity--and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading case, this is a major work of legal and moral philosophy".
Comment: Particularly useful for teaching on the non-rational motivators of moral reasoning and justifications of punishment, and on how emotions can be misleading and unreliable as a guide for law and ethics.
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Nussbaum, Martha. Sex and Social Justice
1999, Oxford University Press.

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Back matter: What does it mean to respect the dignity of a human being? What sort of support do human capacities demand from the world, and how should we think about this support when we encounter differences of gender or sexuality? How should we think about each other across divisions that a legacy of injustice has created? In Sex and Social Justice, Martha Nussbaum delves into these questions and emerges with a distinctive conception of feminism that links feminist inquiry closely to the important progress that has been made during the past few decades in articulating theories of both national and global justice. Growing out of Nussbaum's years of work with an international development agency connected with the United Nations, this collection charts a feminism that is deeply concerned with the urgent needs of women who live in hunger and illiteracy, or under unequal legal systems. Offering an internationalism informed by development economics and empirical detail, many essays take their start from the experiences of women in developing countries. Nussbaum argues for a universal account of human capacity and need, while emphasizing the essential role of knowledge of local circumstance. Further chapters take on the pursuit of social justice in the sexual sphere, exploring the issue of equal rights for lesbians and gay men. Nussbaum's arguments are shaped by her work on Aristotle and the Stoics and by the modern liberal thinkers Kant and Mill. She contends that the liberal tradition of political thought holds rich resources for addressing violations of human dignity on the grounds of sex or sexuality, provided the tradition transforms itself by responsiveness to arguments concerning the social shaping of preferences and desires. She challenges liberalism to extend its tradition of equal concern to women, always keeping both agency and choice as goals. With great perception, she combines her radical feminist critique of sex relations with an interest in the possibilities of trust, sympathy, and understanding. Sex and Social Justice will interest a wide readership because of the public importance of the topics Nussbaum addresses and the generous insight she shows in dealing with these issues. Brought together for this timely collection, these essays, extensively revised where previously published, offer incisive political reflections by one of our most important living philosophers.
Comment: Chapter 'Judging Other Cultures: The Case of Genital Mutilation' can be particularly useful in illustrating the debate on universality vs relativity of ethical norms and values, and in discussing the legitimacy of imposing cultural norms of one culture upon another.
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Nussbaum, Martha. Objectification
1995, Philosophy and Public Affairs 24(4): 249-291.

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Added by: Simon Fokt
Introduction:  Sexual objectification is a familiar concept. Once a relatively technical term in feminist theory, associated in particular with the work of Catharine MacKinnon and Andrea Dworkin, the word "objectification" has by now passed into many people's daily lives. It is common to hear it used to criticize advertisements, films, and other representations, and also to express skepticism about the attitudes and intentions of one person to another, or of oneself to someone else. Generally it is used as a pejorative term, connoting a way of speaking, thinking, and acting that the speaker finds morally or socially objectionable, usually, though not always, in the sexual realm. Thus, Catharine MacKinnon writes of pornography, "Admiration of natural physical beauty becomes objectification. Harmlessness becomes harm."' The portrayal of women "dehumanized as sexual objects, things, or commodities" is, in fact, the first category of pornographic material made actionable under MacKinnon and Dworkin's proposed Minneapolis ordinance.2 The same sort of pejorative use is very common in ordinary social discussions of people and events.
Comment: Seminal paper distinguishing seven features of sexual objectification. An excellent introduction to any class on feminism.
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O'Neill, Onora. Some limits of informed consent
2003, Journal of Medical Ethics 29 (1):4-7

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Added by: Simon Fokt
Abstract: Many accounts of informed consent in medical ethics claim that it is valuable because it supports individual autonomy. Unfortunately there are many distinct conceptions of individual autonomy, and their ethical importance varies. A better reason for taking informed consent seriously is that it provides assurance that patients and others are neither deceived nor coerced. Present debates about the relative importance of generic and specific consent (particularly in the use of human tissues for research and in secondary studies) do not address this issue squarely. Consent is a propositional attitude, so intransitive: complete, wholly specific consent is an illusion. Since the point of consent procedures is to limit deception and coercion, they should be designed to give patients and others control over the amount of information they receive and opportunity to rescind consent already given.
Comment: A great introductory text offering a short overview of the problems related to consent. The point regarding the intransitivity of consent is likely to inspire interesting discussions. As the paper is quite short, it can easily be used in conjunction with other texts.
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O'Neill, Onora. Questions of Life and Death
2008, The Lancet 372:1291-1292.

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Added by: Clotilde Torregrossa, Contributed by: Simon Fokt
Abstract: In Easeful Death: Is There a Case for Assisted Dying? Mary and Elisabeth Macdonald set out with exemplary clarity reasons for prohibiting or permitting physicians to 'help' patients to die. Their arguments are cogent, illuminating, and in many ways convincing. Yet I find myself disagreeing with their conclusion that assisted dying should be made lawful, and will set out why.
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Okin, Susan Moller. Is multiculturalism bad for women?
1999, Princeton University Press
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Added by: Simon Fokt

Publisher's Note: Polygamy, forced marriage, female genital mutilation, punishing women for being raped, differential access for men and women to health care and education, unequal rights of ownership, assembly, and political participation, unequal vulnerability to violence. These practices and conditions are standard in some parts of the world. Do demands for multiculturalism — and certain minority group rights in particular — make them more likely to continue and to spread to liberal democracies? Are there fundamental conflicts between our commitment to gender equity and our increasing desire to respect the customs of minority cultures or religions? In this book, the eminent feminist Susan Moller Okin and fifteen of the world’s leading thinkers about feminism and multiculturalism explore these unsettling questions in a provocative, passionate, and illuminating debate.

Okin opens by arguing that some group rights can, in fact, endanger women. She points, for example, to the French government’s giving thousands of male immigrants special permission to bring multiple wives into the country, despite French laws against polygamy and the wives’ own bitter opposition to the practice. Okin argues that if we agree that women should not be disadvantaged because of their sex, we should not accept group rights that permit oppressive practices on the grounds that they are fundamental to minority cultures whose existence may otherwise be threatened.

In reply, some respondents reject Okin’s position outright, contending that her views are rooted in a moral universalism that is blind to cultural difference. Others quarrel with Okin’s focus on gender, or argue that we should be careful about which group rights we permit, but not reject the category of group rights altogether. Okin concludes with a rebuttal, clarifying, adjusting, and extending her original position. These incisive and accessible essays — expanded from their original publication in Boston Review and including four new contributions — are indispensable reading for anyone interested in one of the most contentious social and political issues today.

The diverse contributors, in addition to Okin, are Azizah al-Hibri, Abdullahi An-Na’im, Homi Bhabha, Sander Gilman, Janet Halley, Bonnie Honig, Will Kymlicka, Martha Nussbaum, Bhikhu Parekh, Katha Pollitt, Robert Post, Joseph Raz, Saskia Sassen, Cass Sunstein, and Yael Tamir.

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Okin, Susan Moller. Forty acres and a mule’ for women: Rawls and feminism
2005, Politics, Philosophy and Economics 4 (2):233-248.

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Added by: Clotilde Torregrossa, Contributed by: Lizzy Ventham
Abstract: This article assesses the development of Rawls's thinking in response to a generation of feminist critique. Two principle criticisms are sustainable throughout his work: first, that the family, as a basic institution of society, must be subject to the principles of justice if its members are to be free and equal members of society; and, second, that without such social and political equality, justice as fairness is as meaningful to women as the unrealized promise of 'Forty acres and a mule' was to the newly freed slaves.
Comment: I would use this piece to accompany any teaching on John Rawls and his political philosophy. It provides some good summary of a number of different feminist critiques of Rawls and his responses to them, as well as providing new ideas for why Rawls still misses the mark. It can be a good basis for discussion on a number of different feminist criticisms of Rawls' philosophy.
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Olsaretti, Serena. Children as Public Goods?
2013, Philosophy and Public Affairs 41(3): 226-258.

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Added by: Carl Fox
Content: Olsaretti is interested in the question of whether nonparents in a just society have a duty to share some of the costs of raising children with those people who choose to be parents. She considers the main argument in favour of that claim, that children are public goods. Although she sees some merit in the public goods approach, she develops an alternative socialised goods argument, which she holds to be ultimately stronger.
Comment: Helpful for examining issues around children, parents, non-parents and distributive justice, and also for thinking about individuals bearing responsibility for choices more generally. Could be a specialised required reading or further reading.
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