Topic: Political Philosophy -> Law and Public Policy
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Tilton, Emily, Jenkins Ichikawa, Jonathan. Not What I Agreed To: Content and Consent
2021, Ethics, 132(1): 127-154.

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Added by: Emma Holmes, David MacDonald, Yichi Zhang, and Samuel Dando-Moore
Abstract:
Deception sometimes results in nonconsensual sex. A recent body of literature diagnoses such violations as invalidating consent: the agreement is not morally transformative, which is why the sexual contact is a rights violation. We pursue a different explanation for the wrongs in question: there is valid consent, but it is not consent to the sex act that happened. Semantic conventions play a key role in distinguishing deceptions that result in nonconsensual sex (like stealth condom removal) from those that don’t (like white lies). Our framework is also applicable to more controversial cases, like those implicated in so-called “gender fraud” complaints.
Comment (from this Blueprint): Tilton and Ichikawa attempt to work out what goes wrong in certain deception cases but not in others. This is useful as a reply to Dougherty's argument that sex from deception is always morally serious and it engages with the issues Fischel raises around gender deception.
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Tsai, George. Rational Persuasion as Paternalism
2014, Philosophy and Public Affairs 42(1): 78-112.

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Added by: Carl Fox
Content: Tsai argues that offering another agent reasons can sometimes count as paternalism when it is motivated by distrust of the other's agency, conveys this lack of confidence, and intervenes in the target's sphere of agency.
Comment: Best suited as further or specialised reading on paternalism and agency.
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Tsai, George. The morality of state symbolic power
2016, Social Theory and Practice, 42(2):318–342

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Added by: Ten-Herng Lai
Abstract:
Philosophical interest in state power has tended to focus on the state’s coercive powers rather than its expressive powers. I consider an underexplored aspect of the state’s expressive capacity: its capacity to use symbols (such as monuments, memorials, and street names) to promote political ends. In particular, I argue that the liberal state’s deployment of symbols to promote its members’ commitment to liberal ideals is in need of special justification. This is because the state’s exercise of its capacity to use symbols may be in tension with respecting individual autonomy, particularly in cases in which the symbols exert influence without engaging citizens’ rational capacities. But despite the fact that the state’s deployment of symbols may circumvent citizens’ rational capacities, I argue that it may nonetheless be permissible when surrounded by certain liberal institutions and brought about via democratic procedures.
Comment (from this Blueprint): This paper is not about objectionable commemorations in particular, but sets out to explore how any political symbols can be justified at all in a liberal democratic state. This should be a preliminary to any discussion we have about statues and monuments. A particular point of interest is that, according to Tsai, the state ought to engage with its citizens through rational persuasion. This will be relevant to latter discussions regarding the nature of moral education, and the role emotions play in it.
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Veltman, Andrea. Meaningful Work
2016, Oxford University Press

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Added by: Deryn Mair Thomas
Publisher’s Note:
This book examines the importance of work in human well-being, addressing several related philosophical questions about work and arguing on the whole that meaningful work is central in human flourishing. Work impacts flourishing not only in developing and exercising human capabilities but also in instilling and reflecting virtues such as honor, pride, dignity, self-discipline, and self-respect. Work also attaches to a sense of purposefulness and personal identity, and meaningful work can promote both personal autonomy and a sense of personal satisfaction that issues from making oneself useful. Further still, work bears a formative influence on character and intelligence and provides a primary avenue for exercising complex skills and garnering esteem and recognition from others. The author defends a pluralistic account of meaningful work, identifying four primary dimension of meaningful work: (1) developing or exercising the worker’s capabilities, especially insofar as this expression meets with recognition and esteem; (2) supporting virtues; (3) providing a purpose, and especially producing something of enduring value; and (4) integrating elements of a worker’s life. In light of the impact that work has on flourishing, the author argues that well-ordered societies provide opportunities for meaningful work and that the philosophical view of value pluralism, which casts work as having no special significance in an individual’s life, is false. The book also addresses oppressive work that undermines human flourishing, examining potential solutions to minimize the impact of bad work on those who perform it.
Comment (from this Blueprint): Veltman's text can be used first, to introduce students to the concept of meaningful work and philosophical analysis of its core characteristics; and second, to facilitate discussion on the importance of meaningful work in society, such as discussion about what types of activities counts as meaningful work, whether all people should have access to it, or what role the state plays in providing it, etc.
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Venkatapuram, Sridhar. Health Justice. An Argument from the Capabilities Approach
2011, Polity Press.

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Added by: Simon Fokt, Contributed by: Sridhar Venkatapuram
Summary: Social factors have a powerful influence on human health and longevity. Yet the social dimensions of health are often obscured in public discussions due to the overwhelming focus in health policy on medical care, individual-level risk factor research, and changing individual behaviours. Likewise, in philosophical approaches to health and social justice, the debates have largely focused on rationing problems in health care and on personal responsibility. However, a range of events over the past two decades such as the study of modern famines, the global experience of HIV/AIDS, the international women’s health movement, and the flourishing of social epidemiological research have drawn attention to the robust relationship between health and broad social arrangements.
Comment: This text is considered to be one of the core text of the areas of health justice. theories of social justice applied to health and health inequalities. It extends the capabilities approach to health, and makes an argument for moral right to health capability.
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Vredenburgh, Kate. Freedom at Work: Understanding, Alienation, and the AI-Driven Workplace
2022, Canadian Journal of Philosophy 52 (1):78-92.
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Added by: Deryn Mair Thomas
Abstract:

This paper explores a neglected normative dimension of algorithmic opacity in the workplace and the labor market. It argues that explanations of algorithms and algorithmic decisions are of noninstrumental value. That is because explanations of the structure and function of parts of the social world form the basis for reflective clarification of our practical orientation toward the institutions that play a central role in our life. Using this account of the noninstrumental value of explanations, the paper diagnoses distinctive normative defects in the workplace and economic institutions which a reliance on AI can encourage, and which lead to alienation.

Comment: This paper offers a novel approach to the exploration of alienation at work (i.e., what makes work bad) from an algorithmic ethics perspective. It relies on the noninstrumental value of explanation to make its central argument, and grounds this value in the role that explanation plays in our ability to form a practical orientation towards our scoial world. In this sense, it examines an interesting, and somewhat underexplored, connection between algorithmic ethics, justice, the future of work, and social capabilities. As such, it could be useful in a wide range of course contexts. This being said, the central argument is fairly complex, and relies on some previous understanding of analytic political philosophy and philosophy of AI. It also employs technical language from these domains, and therefore would be best utilised for masters-level or other advanced philosophical courses and study.
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Vredenburgh, Kate. Bureaucratic discretion, legitimacy, and substantive justice
2023, Critical Review of International Social and Political Philosophy 26 (2):251-259
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Added by: Deryn Mair Thomas
Abstract:

Comment: This is a stub entry. Please add your comments below to help us expand it
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Waitangi Tribunal. Whanganui River Report
1999, Waitangi Tribunal
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Added by: Kas Bernays

Report Summary: Rarely has a Māori river claim been so persistently maintained as that of the Whanganui people. Uniquely in the annals of Māori settlement, the country’s longest navigable river is home to just one iwi, the Atihau-a-Paparangi. It has been described as the aortic artery, the central bloodline of that one heart. The Atihau-a-Paparangi claim to the authority of the river has continued unabated from when it was first put into question. The tribal concern is evidenced by numerous petitions to Parliament from 1887. In addition, legal proceedings were commenced as early as 1938, in the Māori Land Court, on an application for the investigation of the title to the riverbed. From there the action passed to the Māori Appellate Court in 1944, the Māori Land Court again in 1945, the Supreme Court in 1949, to a further petition and the appointment of a Royal Commission in 1950, to a reference to the Court of Appeal in 1953, to a reference to the Māori Appellate Court in 1958 and to a decision of the Court of Appeal in 1962. This may represent one of the longest set of legal proceedings in Māori claims history, yet in all those proceedings, it is claimed, the principles of the Treaty of Waitangi had no direct bearing. Nor did the matter rest there for the court hearings were followed by further petitions and investigations, and in more recent times, Atihau-a-Paparangi were again involved in the Catchment Board inquiry on minimum river flows in 1988 and in the Planning Tribunal and High Court hearings on the same matter in 1989, 1990 and 1992.

Comment (from this Blueprint): The Whanganui River Report famously led to the recognition of the Whanganui River as a legal person in Aotearoa/New Zealand. The selected fragment from this report offers a detailed account, presented by claimants in their own words, of the Māori views toward the natural world which led to this ruling.
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Warren, Karen J.. Ecofeminist Philosophy: A Western Perspective on What It Is and Why It Matters
2000, New York: Rowman & Littlefield.

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Added by: Rochelle DuFord
Summary: A philosophical exploration of the nature, scope, and significance of ecofeminist theory and practice. This book presents the key issues, concepts, and arguments which motivate and sustain ecofeminism from a western philosophical perspective. Back Matter: How are the unjustified dominations of women and other humans connected to the unjustified domination of animals and nonhuman nature? What are the characteristics of oppressive conceptual frameworks and systems of unjustified domination? How does an ecofeminist perspective help one understand issues of environmental and social justice? In this important new work, Karen J. Warren answers these and other questions from a Western perspective. Warren looks at the variety of positions in ecofeminism, the distinctive nature of ecofeminist philosophy, ecofeminism as an ecological position, and other aspects of the movement to reveal its significance to both understanding and creatively changing patriarchal (and other) systems of unjustified domination.
Comment: This book serves as a comprehensive introduction to ecofeminist philosophy. The introductory chapter (1), the chapter on vegetarianism (6), and the chapter on the Land Ethic (7) make excellent stand alone readings in an introductory course on Environmental Ethics.
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Warren, Mary Anne. On the Moral and Legal Status of Abortion
1973, The Monist, 57 (4): 43-61.

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Added by: Rochelle DuFord
Summary: This paper is a response to Thomson's influential defense of abortion. Warren argues that Thomson is mistaken that if a fetus has full moral rights, then abortion is still morally permissible. Warren, instead, argues that while fetuses participate in genetic humanity, they do not participate in the category of personhood (the category which defines the moral community). For this reason, abortion is always morally permissible and thus ought to be legally permissible.
Comment: This reading is a good response to Thomson's influential violinist case. The text is a bit complex, and would be better suited for a course that considered issues of abortion and infanticide in an in depth way.
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