Diversity Reading List

Abstract: One recurring criticism of the best interests standard concerns its vagueness, and thus the inadequate guidance it offers to care providers. The lack of an agreed definition of ‘best interests’, together with the fact that several suggested considerations adopted in legislation or professional guidelines for doctors do not obviously apply across different groups of persons, result in decisions being made in murky waters. In response, bioethicists have attempted to specify the best interests standard, to reduce the indeterminacy surrounding medical decisions. In this paper, we discuss the bioethicists’ response in relation to the state's possible role in clarifying the best interests standard. We identify and characterise two clarificatory strategies employed by bioethicists —elaborative and enumerative—and argue that the state should adopt the latter. Beyond the practical difficulties of the former strategy, a state adoption of it would inevitably be prejudicial in a pluralistic society. Given the gravity of best interests decisions, and the delicate task of respecting citizens with different understandings of best interests, only the enumerative strategy is viable. We argue that this does not commit the state to silence in providing guidance to and supporting healthcare providers, nor does it facilitate the abuse of the vulnerable. Finally, we address two methodological worries about adopting this approach at the state level. The adoption of the enumerative strategy is not defeatist in attitude, nor does it eventually collapse into (a form of) the elaborative strategy.

Abstract:

A French Jew born in Algeria, philosopher and novelist Cixous (b. 1937) blends and bends the categories of theory. Originally written for a journal issue on Beauvoir, this essay tries to map out a strategy against the alienation of women through the re-apropriation of their own identity, via written work. A literary interpretation of feminism, it articulates the idea of écriture féminine (feminine writing), a type of writing particular to women. This is Cixous' strategic essentialism: according to her, the difference in women's expression should be underlined, and thus women should write in a specific style allowing for a reclamation and a reinvention of their identities, against the patriarchal system. This literary strategy is heavily embodied, and relies on representations as much as lived, practical experiences to criticize a male-centered system. However, Cixous remains a structuralist: identity is not given, but built within discourse in complex relation with other poles, and feminine writing can be found in men through sexual subversion (Genet is one example). This essay marks a specific period in both French feminism and post-structuralism, providing a perfect example of the philosophical, political and artistic questions of the period.

Abstract:
Forty years have passed since the Midcontinent American Studies Journal published its landmark special issue, "The Indian Today."  Since that publication, the landscape of Indian country has changed dramatically. This change has come primarily from an amazing cultural resurgence among Native Peoples in the United States — a resurgence that has manifested itself in everything from the Red Power movement to the birth of American Indian studies in the academy; to the renaissance of contemporary Native art, literature, and film; to the creation of tribal colleges, museums, and cultural centers; to the unprecedented rise in economic development; to notable gains in power in political and legal arenas.

Abstract:
Empiricism in the form of quantitative methods has sometimes been used by researchers to thwart human welfare and social justice. Some of the ugliest moments in the history of psychology were a result of researchers using quantitative methods to legitimize and codify the prejudices of the day. This has resulted in the view that quantitative methods are antithetical to the pursuit of social justice for oppressed and marginalized groups. While the ambivalence toward quantitative methods by some is understandable given their misuse by some researchers, we argue that quantitative methods are not inherently oppressive. Quantitative methods can be liberating if used by multiculturally competent researchers and scholar-activists committed to social justice. Examples of best practices in social justice oriented quantitative research are reviewed.

Summary: This short paper examines the relationship between cultural property and collective identity through a close analysis of a paper by Richard Handler that questions such a relationship. In particular, Handler raises a version of common worries about the lack of cultural group continuity over time: because cultures are constantly changing, this fact is thought to undermine claims about the relationship between cultural identity and cultural property, as well as subsequent repatriation requests. Coleman pushes back against this objection by questioning what kind of identity or sameness is actually required for cultural continuity over time.

Summary: The concept of inalienable possession often figures centrally in debates about repatriation of cultural artifacts (which are also often artworks). The right of alienability (or the right to transfer title to property) is one of the core rights in Western property theory. If property is inalienable, this means that title to it cannot rightly be transferred. In this paper, Coleman analyzes the concept of inalienable possession, and argues that laws (such as the Native American Graves Protection and Repatriation Act (NAGPRA)) can foist a conception of inalienable possession on indigenous peoples that can be inaccurate to past and changing cultural norms. She uses this point to offer a distinction between property and ownership. This opens up conceptual space for a link between objects and identity through ownership that might nevertheless allow for the alienability of such property.

Summary: This article presents multiple arguments for the "repatriation" of indigenous music, and the assertion of indigenous cultural rights, while troubling the imposition of legalistic frameworks of Western intellectual property. It situates the harms of appropriation in the perpetuation of unjust systems and misrepresentation, and demonstrates how careful attention to specific cultural practices can play an essential role in sorting out sometimes overly abstract debates about repatriation and appropriation.

Summary: Coleman argues for an ontological understanding of Australian Aboriginal artworks (namely, that they function as insignia that require authoritative endorsement) that can resolve disputes about the authenticity of controversial cases of Aboriginal art. More broadly, her article illuminates the ways in which viewing art as part of a cultural heritage can affect how we understand its authenticity.

Publisher's Note: The first major anthology to trace the development, from the early 1800s to the present, of black feminist thought in the United States, Words of Fire is Beverly Guy-Sheftall's comprehensive collection of writings, in the feminist tradition, of more than sixty African American women. From the pioneering work of abolitionist Maria Miller Stewart and anti-lynching crusader Ida Wells-Barnett to the writings of contemporary feminist critics Michele Wallace and bell hooks, black women have been writing about the multiple jeopardies--racism, sexism, and classicm--that have made it imperative for them to forge a brand of feminism uniquely their own.

Abstract: US black feminist thought reflects the interests and standpoint of its creators. Indeed, White men have control over knowledge. And, Black women's ideas have been controlled by White men interpretation of the world. This means that Black feminist thought can best be viewed as subjugated knowledge.