Diversity Reading List

Abstract: Patrick Lenta and Jessica Wolfendale have written two very thoughtful discussions on torture. A central question that arises in responding to these essays in terms of my recent book, Stoic Warriors, is whether ancient Stoicism affords any insights into both the propensity to inflict torture as well as the capacity to endure it. Wolfendale suggests that the learned capacity to endure torture, and in particular, becoming desensitised to pain, may be part of the psychological background that informs a willingness to inflict torture. Training in resisting torture, such as that which special operations troops typically go through, involves not only learning techniques, which can then be reverse engineered in applying torture (what some argue has happened in Guantanamo Bay), but also learning the kind of stress inoculation that makes one willing to use those techniques. In short, military training that involves torture resistance hardens one’s soul and makes one indifferent to the suffering that torture involves. This indifference, Wolfendale claims, is not unlike Stoic apathy. I want to argue, on the contrary, that Stoic apathy is substantively different. However, before making the case, I take up a number of other preliminary points raised in both papers. I conclude with some remarks about interrogation in general.

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Introduction: This book attempts to deepen common understandings of what considerations are relevant in discussions of bioethics. It is meant to offer a clearer picture of what morally acceptable health care might look like. I argue that a feminist understanding of the social realities of our world is necessary if we are to recognize and develop an adequate analysis of the ethical issues that arise in the context of health care.

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By looking at a canonical article representing academic philosophy’s orthodox view against cultural relativism, James Rachels’ “The Challenge of Cultural Relativism,” this paper argues that current mainstream western academic philosophy’s fear of cultural relativism is premised on a fear of the racial Other. The examples that Rachels marshals against cultural relativism default to the persistent, ubiquitous, and age-old stereotypes about the savage/barbarian Other that have dominated the history of western engagement with the non-western world. What academic philosophy fears about cultural relativism, it is argued, is the barbarians of the western imagination and not fellow human beings. The same structure that informs fears of cultural relativism, whereby people with different customs are reduced to the barbarian/savage of the western imagination, can be seen in the genesis of international law which arose as a justification for the domination of the Amerindian (parsed as “barbarians”). It is argued that implicit in arguments against cultural relativism is the preservation of the same right to dominate the Other. Finally, it is argued that the appeal of the fear of cultural relativism is that, in directing moral outrage at others, one can avoid reflecting on the failures of one’s own cultural tradition.

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Despite emerging attention to Indigenous philosophies both within and outside of feminism, Indigenous logics remain relatively underexplored and underappreciated. By amplifying the voices of recent Indigenous philosophies and literatures, I seek to demonstrate that Indigenous logic is a crucial aspect of Indigenous resurgence as well as political and ethical resistance. Indigenous philosophies provide alternatives to the colonial, masculinist tendencies of classical logic in the form of paraconsistent—many-valued—logics. Specifically, when Indigenous logics embrace the possibility of true contradictions, they highlight aspects of the world rejected and ignored by classical logic and inspire a relational, decolonial imaginary. To demonstrate this, I look to biology, from which Indigenous logics are often explicitly excluded, and consider one problem that would benefit from an Indigenous, paraconsistent analysis: that of the biological individual. This article is an effort to expand the arenas in which allied feminists can responsibly take up and deploy these decolonial logics.

Abstract: This article is about the description of all the situations in which clinician find difficult to tell the truth to patients regarding their condition. Moral importance of telling the truth is recognized in both moral theory and in the practical reality of everyday living. However, empirical studies continue to show that health- care professional identify the question of truth-telling and disclosure as a source of moral and psychological discomfort in many situations. Other situation creating difficulties for clinicians are not related directly to the patient's wants or needs regarding their illness but to wider issues such as disclosure of medical error and identifying poor performance in colleagues.

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Consent is a bedrock principle in democratic society and a primary means through which our law expresses its commitment to individual liberty. While there seems to be broad consensus that consent is important, little is known about what people think consent is. This article undertakes an empirical investigation of people’s ordinary intuitions about when consent has been granted. Using techniques from moral psychology and experimental philosophy, it advances the core claim that most laypeople think consent is compatible with fraud, contradicting prevailing normative theories of consent. This empirical phenomenon is observed across over two dozen scenarios spanning numerous contexts in which consent is legally salient, including sex, surgery, participation in medical research, warrantless searches by police, and contracts. Armed with this empirical finding, this Article revisits a longstanding legal puzzle about why the law refuses to treat fraudulently procured consent to sexual intercourse as rape. It exposes how prevailing explanations for this puzzle have focused too narrowly on sex. It suggests instead that the law may be influenced by the commonsense understanding of consent in all sorts of domains, including and beyond sexual consent. Meanwhile, the discovery of “commonsense consent” allows us to see that the problem is much deeper and more pervasive than previous commentators have realized. The findings expose a large—and largely unrecognized—disconnect between commonsense intuition and the dominant philosophical conception of consent. The Article thus grapples with the relationship between folk morality, normative theory, and the law.

Publisher's Note: Justice, Gender and the Politics of Multiculturalism explores the tensions that arise when culturally diverse democratic states pursue both justice for religious and cultural minorities and justice for women. Sarah Song provides a distinctive argument about the circumstances under which egalitarian justice requires special accommodations for cultural minorities while emphasizing the value of gender equality as an important limit on cultural accommodation. Drawing on detailed case studies of gendered cultural conflicts, including conflicts over the 'cultural defense' in criminal law, aboriginal membership rules and polygamy, Song offers a fresh perspective on multicultural politics by examining the role of intercultural interactions in shaping such conflicts. In particular, she demonstrates the different ways that majority institutions have reinforced gender inequality in minority communities and, in light of this, argues in favour of resolving gendered cultural dilemmas through intercultural democratic dialogue.

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Article: The article examines the idea of multiculturalism in contemporary political philosophy. It considers the variety of justifications for multiculturalism, including communitarian, liberal egalitarian, anti-domination, and historical injustice arguments. It then surveys a number of critiques of multiculturalism. It concludes by discussing concerns about political backlash and retreat from multiculturalism in the Western liberal democratic countries.

Abstract: It has become customary among philosophers and biologists to claim that folk racial classification has no biological basis. This paper attempts to debunk that view. In this paper, I show that ‘race’, as used in current U.S. race talk, picks out a biologically real entity. I do this by, first, showing that ‘race’, in this use, is not a kind term, but a proper name for a set of human population groups. Next, using recent human genetic clustering results, I show that this set of human population groups is a partition of human populations that I call ‘the Blumenbach partition’.