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Added by: Rochelle DuFord
Abstract: Patient competence is an essential element of every doctor-patient relationship. In this paper I provide a case report involving an older Korean man in a Hawaiian hospital who refused treatment on the basis of mistaken facts or beliefs about his doctors and treatment. I discuss the case as it relates to competency and extends it to informed consent, autonomy and paternalism. I suggest and argue firstly, that the older Korean man is not fully competent, and secondly, that if he is not fully competent, then soft and weak paternalism may be justified in his case and in cases similar to his.Feagin, Susan. Feminist Art History and De Facto Significance2010, In Peg Zeglin Brand & Carolyn Korsmeyer (eds.), Feminism and Tradition in Aesthetics. Penn State Press.-
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Added by: Clotilde Torregrossa, Contributed by: Christy Mag Uidhir
Abstract: In her excellent "Feminist Art History and De Facto Significance," for example, aesthetician Susan L. Feagin explains how her initial skepticism about Continental approaches-especially those drawing on Foucault, Marx, Levi-Strauss, Lacan, and "even Derrida and poststructuralist literary theory" - gave way to an appreciation of how these approaches encourage, in a way analytic aesthetics does not, "the trenchant analyses and acute observations that have emerged from feminist art historians" (305). And, indeed, although she goes on to suggest how traditional aesthetics might accommodate feminist and other politically informed analyses, she cautions that "it is too easy to miss the most innovative aspects of another's view if one tries to understand it only in terms of one's own theoretical perspective" (305).(from review by Sally Markowitz, Hypatia Vol. 11, No. 3 (Summer, 1996), pp. 169-172)Comment:
Feigenbaum, Erika Faith. Heterosexual Privilege: The Political and the Personal2007, Hypatia 22 (1): 1-9.-
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Added by: Rochelle DuFord
Abstract: In this essay, Feigenbaum examines heterosexism as it functions politically and interpersonally in her own experience. She loosely traces her analysis along the current political climate of the bans on same-sex marriages, using this discussion to introduce and illustrate how heterosexual dominance functions. The author aims throughout to clarify what heterosexism looks like "in action," and she moves toward providing steps to recognize, name, interrupt, and counter heterosexist privilege.Comment: This article is a very accessible introduction to the concept of privilege via the debate over the legality of same-sex marriage. It would make a good addition to a course that covers questions about domination, LGBT rights, or same-sex marriage.
Ferracioli, Luara. The Appeal and Danger of a New Refugee Convention2014, Social Theory and Practice, 40 (1): 123-144.-
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Added by: Rochelle DuFord
Abstract: It is widely held that the current refugee Convention is inadequate with respect to its specification of who counts as a refugee and in its assignment of responsibility concerning refugees to states. At the same time, there is substantial agreement among scholars that the negotiation of a new Convention would lead states to extricate themselves from previously assumed responsibilities rather than sign on to a set of more desirable legal norms. In this paper, I argue that states should ultimately negotiate a new Convention, but that first they must alleviate the institutional and motivational constraints that make progress currently unattainable.Comment: This text provides a clear introduction to the philosophical treatment of the 1951 Refugee Convention. It criticises contemporary international law concerning refugees and asylum, and discusses the constraints to feasability for a new legal regime. This text would work well as an introduction to the philosophical issues involved in granting refugee status, or within a specialized context concerning the right to immigrate/migrate. It would also have a place in a class on human rights that covered greivous human rights violations and their remedy.
Foot, Philippa. The Problem of Abortion and the Doctrine of the Double Effect1967, Oxford Review 5:5-15, reprinted in Virtues and vices. Oxford: Blackwell.-
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Added by: Simon Fokt
Introduction: One of the reasons why most of us feel puzzled about the problem of abortion is that we want, and do not want, to allow to the unborn child the rights that belong to adults and children. When we think of a baby about to be born it seems absurd to think that the next few minutes or even hours could make so radical a difference to its status; yet as we go back in the life of the foetus we are more and more reluctant to say that this is a human being and must be treated as such. No doubt this is the deepest source of our dilemma, but it is not the only one. For we are also confused about the general question of what we may and may not do where the interests of human beings conflict. We have strong intuitions about certain cases; saying, for instance, that it is all right to raise the level of education in our country, though statistics allow us to predict that a rise in the suicide rate will follow, while it is not all right to kill the feeble-minded to aid cancer research. It is not easy, however, to see the principles involved, and one way of throwing light on the abortion issue will be by setting up parallels involving adults or children once born. So we will be able to isolate the ‘equal rights’ issue and should be able to make some advance.Comment: The text introduces some crucial distinctions, discussing the difference between 'doing' and 'allowing to happen' and the related negative and positive duties. Foot argues that what matters in the Doctrine is not the directness of the actor's intention, but whether they intend to follow a negative or positive duty. This paper is most useful in teaching on the ethics of abortion and euthanasia, as well as the doctrine of double effect in general.
Foot, Philippa. Euthanasia1977, Philosophy and Public Affairs 6 (2):85-112. Reprinted in her Virtues and vices. Oxford: Blackwell.-
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Added by: Simon FoktAbstract:
Comment: This text is of central interest in teaching about moral issues related to euthanasia. The text introduces the vital distinctions between active and passive, voluntary and nonvoluntary euthanasia, and argues in favour of moral permissibility of all but the active nonvoluntary type.
Friend, Stacie. The pleasures of documentary tragedy2007, British Journal of Aesthetics 47 (2):184-198.-
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Added by: Chris Blake-Turner, Contributed by: Christy Mag Uidhir
Abstract: Two assumptions are common in discussions of the paradox of tragedy: (1) that tragic pleasure requires that the work be fictional or, if non-fiction, then non-transparently represented; and (2) that tragic pleasure may be provoked by a wide variety of art forms. In opposition to (1) I argue that certain documentaries could produce tragic pleasure. This is not to say that any sad or painful documentary could do so. In considering which documentaries might be plausible candidates, I further argue, against (2), that the scope of tragic pleasure is limited to works that possess certain thematic and narrative features.Comment: This is a clearly written paper that can be used in teaching a wide array of topics in aesthetics, especially the literatures on emotional engagement with art, and documentary film. Friend does not presuppose much background knowledge on these issues. As such, this paper would make for an excellent addition to an introduction to aesthetics module, perhaps being used as a main reading for units on emotion and art. A more focused upper-division module on a subject such as philosophy of film could also benefit from this paper's inclusion.
Frowe, Helen. Non-Combatant Liability in War2011, In Frowe, Helen and Gerald Lang. How We Fight: Ethics in War. Oxford: Oxford University Press.-
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Added by: John BaldariAbstract:
Publisher: How We Fight: Ethics in War contains ten groundbreaking essays by some of the leading philosophers of war. The essays offer new perspectives on key debates including pacifism, punitive justifications for war, the distribution of risk between combatants and non-combatants, the structure of 'just war theory', and bases of individual liability in war.Comment: This text is best used in modules or classes introducing or investigating military ethics, war theory, and legal philosophy. This should be a primary text for such classes.
Frowe, Helen. Defensive Killing: An Essay on War and Self-Defence2014, Oxford: Oxford University Press-
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Added by: John Baldari
Abstract: Most people believe that it is sometimes morally permissible for a person to use force to defend herself or others against harm. In Defensive Killing, Helen Frowe offers a detailed exploration of when and why the use of such force is permissible. She begins by considering the use of force between individuals, investigating both the circumstances under which an attacker forfeits her right not to be harmed, and the distinct question of when it is all-things-considered permissible to use force against an attacker. Frowe then extends this enquiry to war, defending the view that we should judge the ethics of killing in war by the moral rules that govern killing between individuals. She argues that this requires us to significantly revise our understanding of the moral status of non-combatants in war. Non-combatants who intentionally contribute to an unjust war forfeit their rights not to be harmed, such that they are morally liable to attack by combatants fighting a just war.Comment: This text should be used in modules focused on self-defense, responsibility, and justice.
Frowe, Helen. The Duty to Remove Statues of Wrongdoers2019, Journal of Practical Ethics 7(3):1-31-
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Added by: Ten-Herng LaiAbstract:
This paper argues that public statues of persons typically express a positive evaluative attitude towards the subject. It also argues that states have duties to repudiate their own historical wrongdoing, and to condemn other people’s serious wrongdoing. Both duties are incompatible with retaining public statues of people who perpetrated serious rights violations. Hence, a person’s being a serious rights violator is a sufficient condition for a state’s having a duty to remove a public statue of that person. I argue that this applies no less in the case of the ‘morally ambiguous’ wrongdoer, who both accomplishes significant goods and perpetrates serious rights violations. The duty to remove a statue is a defeasible duty: like most duties, it can be defeated by lesser-evil considerations. If removing a statue would, for example, spark a violent riot that would risk unjust harm to lots of people, the duty to remove could be outweighed by the duty not to foreseeably cause unjust harm. This would provide a lesser-evil justification for keeping the statue. But it matters that the duty to remove is outweighed, rather than negated, by these consequences. Unlike when a duty is negated, one still owes something in cases of outweighing. And it especially matters that it is outweighed by the predicted consequences of wrongful behaviour by others.Comment (from this Blueprint): This paper highlights several important things. First, statues are blunt tools and express pro-attitudes to the persons they represent as a whole. Second, it sets out a clear standard for removal, and defends the conclusion that we should remove many or even most existing statues. Third, to the question “what if removal incites violence?” this paper provides a good answer. Fourth, a legitimate question is what we should do about statues of wrongdoers of the distant past? The discussion on this here is insightful.
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Etieyibo, Edwin. The Case of Competancy and Informed Consent
2013, Journal of Clinical Research and Bioethics, 4 (2): 1-4.
Comment: This text presents an introduction to the relationship between competance, informed consent, and autonomy in medical contexts through the use of a case study. As such, it would be a good text for an introductory course in health care ethics or biomedical ethics within a unit on autonomy or culturally-specific applications of medical ethical principles.