Topic: Political Philosophy -> Law and Public Policy
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Estlund, Cynthia. Working Together: Crossing Color Lines at Work
2005, Labor History. 46 (1):79-98

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Added by: Deryn Mair Thomas
Abstract:
Amidst signs of declining social capital, the typical workplace is a hotbed of sociability and cooperation. And in a still-segregated society, the workplace is where adults are most likely to interact across color lines. The convergence of close interaction and some racial diversity makes the workplace a crucial institution within a diverse democratic society. Paradoxically, the involuntariness of workplace associations—the compulsion of economic necessity, of managerial authority, and of law—helps to facilitate constructive interaction among diverse co-workers. Where racial diversity is a fact of organizational life (and the law can help to make it so), then employers and workers have their own powerful reasons—psychological and economic—to make those relationships constructive, even amicable. I contend here that it is where we are compelled to get along, and not where we choose to do so, that we can best advance the project of racial integration.
Comment (from this Blueprint): This text raises interesting questions about the relationship between diverse workplaces and democratic practices, and in particular, makes an interesting argument about the implications for racial integration. It can therefore be used to prompt students to think generally about democratic political structures, citizenship, and equality, while also encouraging discussion in particular about the role that work plays in promoting good civic practices.
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Etieyibo, Edwin. The Case of Competancy and Informed Consent
2013, Journal of Clinical Research and Bioethics, 4 (2): 1-4.

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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.
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.
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Feagin, Susan. Feminist Art History and De Facto Significance
2010, 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: This is a stub entry. Please add your comments below to help us expand it
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Feigenbaum, Erika Faith. Heterosexual Privilege: The Political and the Personal
2007, 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.
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Ferracioli, Luara. The Appeal and Danger of a New Refugee Convention
2014, 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.
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Foot, Philippa. The Problem of Abortion and the Doctrine of the Double Effect
1967, 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.
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Foot, Philippa. Euthanasia
1977, Philosophy and Public Affairs 6 (2):85-112. Reprinted in her Virtues and vices. Oxford: Blackwell.

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Added by: Simon Fokt
Abstract:
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.
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Friend, Stacie. The pleasures of documentary tragedy
2007, 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.
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Frowe, Helen. Non-Combatant Liability in War
2011, In Frowe, Helen and Gerald Lang. How We Fight: Ethics in War. Oxford: Oxford University Press.

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Added by: John Baldari
Abstract:
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.
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Frowe, Helen. Defensive Killing: An Essay on War and Self-Defence
2014, 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.
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