Topic: Political Philosophy -> Law and Public Policy
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Douglas, Heather. Values in Social Science
2014, In: Philosophy of Social Science A New Introduction. Edited by Nancy Cartwright and Eleonora Montuschi
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Added by: Simon Fokt, Contributed by: Karoline Paier

Introduction: The social sciences have long had an inferiority complex. Because the social sciences emerged as distinct disciplines after the natural sciences, comparisons between the mature and successful natural sciences and the fledgling social sciences were quickly made. One of the primary concerns that arose was over the role of values in the social sciences. There were several reasons for this. First, the social sciences did not have the clear empirical successes that the natural sciences did in the seventeenth and eighteenth centuries to bolster confidence in their reliability. Some postulated that an undue influence of values on the social sciences contributed to this deficit of empirical success. Second, social sciences such as economics and psychology emerged from their philosophical precursors gradually and often carried with them the clear normative trappings of their disciplinary origins. Third, although formal rules on the treatment of human subjects would not emerge until the second half of the twentieth century, by the time the social sciences emerged, it was obvious there were both ethical and epistemic challenges to experimenting on human subjects and human communities. Controlled settings were (and are) often difficult to achieve (or are unethical to achieve), making clear empirical success even more elusive. Finally, there is the additional com-plication that social sciences invariably study and/or comment upon human values. All of these considerations lent credence to the view that social sciences were inevitably more value-laden, and as a result less reliable, than the natural sciences.

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Eaton, A. W.. Feminist philosophy of art
2008, Philosophy Compass 3 (5):873-893.

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Added by: Chris Blake-Turner, Contributed by: Christy Mag Uidhir
Abstract: This article outlines the issues addressed by feminist philosophy of art, critically surveys major developments in the field, and concludes by considering directions in which the field is moving.
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English, Jane. Abortion and the Concept of a Person
1975, Canadian Journal of Philosophy 5(2): 233-243.
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Added by: Simon Fokt, Contributed by: William Bauer

Introduction: The abortion debate rages on. Yet the two most popular positions seem to be clearly mistaken. Conservatives maintain that a human life begins at conception and that therefore abortion must be wrong because it is murder. But not all killings of humans are murders. Most notably, self defense may justify even the killing of an innocent per- son.

Liberals, on the other hand, are just as mistaken in their argument that since a fetus does not become a person until birth, a woman may do whatever she pleases in and to her own body. First, you cannot do as you please with your own body if it affects other people adversely. Second, if a fetus is not a person, that does not imply that you can do to it anything you wish. Animals, for example, are not persons, yet to kill or torture them for no reason at all is wrong.

At the center of the storm has been the issue of just when it is between ovulation and adulthood that a person appears on the scene. Conservatives draw the line at conception, liberals at birth. In this paper I first examine our concept of a person and conclude that no single criterion can capture the concept of a person and no sharp line can be drawn. Next I argue that if a fetus is a person, abortion is still justifiable in many cases; and if a fetus is not a person, killing it is still wrong in many cases. To a large extent, these two solutions are in agreement. I conclude that our concept of a person cannot and need not bear the weight that the abortion controversy has thrust upon it.

Comment: This is a classic article on the topic of abortion. English argues that the concept of a person is vague and complex, thus she has a more nuanced approach to personhood than some other theorists. She applies this theory to abortion, arguing that degree of personhood correlates with degree of permissibility of abortion. So her paper can be contrasted with, e.g., Thomson (who isn't concerned with personhood) and Warren (who takes a stricter approach to personhood and a wide view of the permissibility of abortion). It also is useful to contrast with Tooley's account.
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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)
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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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