Diversity Reading List

Abstract:
Consent is a bedrock principle in democratic society and a primary means through which our law expresses its commitment to individual liberty. While there seems to be broad consensus that consent is important, little is known about what people think consent is. This article undertakes an empirical investigation of people’s ordinary intuitions about when consent has been granted. Using techniques from moral psychology and experimental philosophy, it advances the core claim that most laypeople think consent is compatible with fraud, contradicting prevailing normative theories of consent. This empirical phenomenon is observed across over two dozen scenarios spanning numerous contexts in which consent is legally salient, including sex, surgery, participation in medical research, warrantless searches by police, and contracts. Armed with this empirical finding, this Article revisits a longstanding legal puzzle about why the law refuses to treat fraudulently procured consent to sexual intercourse as rape. It exposes how prevailing explanations for this puzzle have focused too narrowly on sex. It suggests instead that the law may be influenced by the commonsense understanding of consent in all sorts of domains, including and beyond sexual consent. Meanwhile, the discovery of “commonsense consent” allows us to see that the problem is much deeper and more pervasive than previous commentators have realized. The findings expose a large—and largely unrecognized—disconnect between commonsense intuition and the dominant philosophical conception of consent. The Article thus grapples with the relationship between folk morality, normative theory, and the law.

Abstract: It has become customary among philosophers and biologists to claim that folk racial classification has no biological basis. This paper attempts to debunk that view. In this paper, I show that ‘race’, as used in current U.S. race talk, picks out a biologically real entity. I do this by, first, showing that ‘race’, in this use, is not a kind term, but a proper name for a set of human population groups. Next, using recent human genetic clustering results, I show that this set of human population groups is a partition of human populations that I call ‘the Blumenbach partition’.

Abstract:
Srinivasan attempts to address the question of how we are able to dwell in the ambivalent place where we acknowledge that no one is obligated to desire anyone else, that no one has a right to be desired, but also that who is desired and who isn’t is a political question, a question usually answered by more general patterns of domination and exclusion.

Content: Steinbock argues that cessation of treatment can be for reasons other than the ending of life, specifically respecting a patient's right to refuse treatment and when treatment would not be a net benefit. She concludes that the AMA can consistently reject intentional killing and hold that it is sometimes permissible to withdraw treatment without relying on the controversial passive/active euthanasia distinction.

Abstract: Most of us believe that we are entitled to treat members of other species in ways which would be considered wrong if inflicted on members of our own species. We kill them for food, keep them confined, use them in painful experiments. The moral philosopher has to ask what relevant difference justifies this difference in treatment. A look at this question will lead us to re-examine the distinctions which we have assumed make a moral difference.

Summary: In this article, Steinbock solves the logical problem with torts based on wrongful life. She argues that a wrongful life suit need not show that it would have been better for the infant to have never been born, but merely that the infant is impaired to such a degree that the infant has no capacity for fulfilling even very basic human interests. She claims that this criteria is capable of serving as the basis for a tort claim concerning the recovery of extraordinary medical care and specialized training.

Abstract: This book provides a coherent framework for addressing bioethical issues in which the moral status of embryos and fetuses is relevant. It is based on the 'interest view,' which ascribes moral standing to beings with interests, and connects the possession of interests with the capacity for conscious awareness or sentience. The theoretical framework is applied to up-to-date ethical and legal topics, including abortion, prenatal torts, wrongful life, the crime of feticide, substance abuse by pregnant women, compulsory cesareans, assisted reproduction, and stem cell research. Along the way, difficult philosophical problems, such as identity and the nonidentity problem are thoroughly explored.

Summary: In conventional film photography, negatives are used in the darkroom to produce positive images, but in the outmoded medium Polaroid 665 the positive image is used to make a unique negative that can then be employed to make positive prints in the future. This generativity of the Polaroid 665 negative is used by the artist to mirror the complexity of feelings regarding intersex bodies. The series shows how negative affect can be productive and political, even when it appears to suspend agency.

Introduction: One of the main tasks that occupies political theorists, and arouses intense debate among them, is the construction of theories—so-called ideal theories—that share a common characteristic: much of what they say offers no immediate or workable solutions to any of the problems our societies face. This feature is not one that theorists strive to achieve but nor can it be described as an accidental one: these theories are constructed in the full knowledge that, whatever else they may offer, much of what they say will not be immediately applicable to the urgent problems of policy and institutional design. Since this may seem puzzling, and has been subjected to severe criticism, the main task of this paper is to ask what is the point of ideal theory and to show the nature of its value. I will also argue that, while the debate over the point of ideal theory can be productive, it will only be so if we avoid treating ideal and nonideal theories as rival approaches to political theory.

Introduction: There was once a luck egalitarian school of thought, according to which disadvantage arising due to bad luck was unjust—at the bar of egalitarian justice—while disadvantage arising due to choice was just, at least if the choice was exercised against the background of equal options. “Choice” in this context needed to be “genuine choice”—which, for some, meant “voluntary,” and for others, also “freely willed”—but if it was genuine, then it did not matter whether it was a silly mistake or a considered course of action: if it led to disadvantage, its presence was deemed sufficient to justify leaving the agent to bear the disadvantage. Let's call the view that choice leading to disadvantage is sufficient to justify the disadvantage, at least if choice was exercised against the background of equal options, the inflated view of choice. [...] The inflated view was so crude that in the face of criticism pointing out its crudeness, its supporters have adopted more sophisticated views, and no recent luck egalitarian has defended the crude version. These more sophisticated views recognize that the mere fact that an outcome has been chosen does not make the outcome just—not even by the standards of egalitarian justice alone. In what follows, I will argue that this dominant reading of early luck egalitarianism as committed to the inflated view is, at best, a one-sided interpretation of the iconic writings of the luck egalitarian literature advanced by its most famous proponents, namely Arneson, Cohen, and Dworkin. Their writings did not unambiguously point toward the inflated view; if the early texts were interpreted more charitably, we could have, perhaps, avoided associating luck egalitarianism with the inflated view, arriving immediately at the sophisticated versions of luck egalitarianism dominating the field today.