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Added by: Simon Fokt
Introduction: Dworkin puts forth two main arguments to justify adhering to the wishes the patient expressed before becoming demented. As he sees it, this course of action both promotes the patient’s well-being and is required in order to respect the patient’s autonomy. In each argument, while I consider most of the ideas well-founded, I challenge the crucial premise. In the argument focused on the patient’s well-being, I dispute the claim that demented patients are no longer capable of generating what Dworkin calls “critical interests.” In the argument concerning autonomy, I question the premise that demented patients no longer possess the “capacity for autonomy.”7 In each case, I will trace how the problematic premise arises within Dworkin’s argument and then develop an alternative account of the relevant capacity.Tremain, Shelley. Reproductive freedom, self-regulation, and the government of impairment in utero2006, Hypatia 21(1): 35-53.-
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Added by: Simon Fokt
Abstract: This article critically examines the constitution of impairment in prenatal testing and screening practices and various discourses that surround these technologies. While technologies to test and screen (for impairment) prenatally are claimed to enhance women's capacity to be self-determining, make informed reproductive choices, and, in effect, wrest control of their bodies from a patriarchal medical establishment, I contend that this emerging relation between pregnant women and reproductive technologies is a new strategy of a form of power that began to emerge in the late eighteenth century. Indeed, my argument is that the constitution of prenatal impairment, by and through these practices and procedures, is a widening form of modern government that increasingly limits the field of possible conduct in response to pregnancy. Hence, the government of impairment in utero is inextricably intertwined with the government of the maternal body.Comment: Most useful in teaching on ethical issues at the beginning of life. It can be also used in teaching on the ethics of autonomy, freedom of choice, and feminism in general.
Jaggar, Alison. Reasoning About Well-Being: Nussbaum’s Methods of Justifying the Capabilities.2006, Journal of Political Philosophy 14(3): 301-322.-
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Added by: Carl Fox
Content: Discusses Nussbaum's methodology and the question of whether she covertly relies on assumptions about her own moral authority.Comment: Most useful as further reading on political liberalism or the capability approach.
Nussbaum, Martha. Frontiers of Justice: Disability, Nationality, Species Membership2006, Cambridge, MA: Harvard University Press.-
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Added by: Simon FoktPublisher’s Note:
Publisher: Theories of social justice are necessarily abstract, reaching beyond the particular and the immediate to the general and the timeless. Yet such theories, addressing the world and its problems, must respond to the real and changing dilemmas of the day. A brilliant work of practical philosophy, Frontiers of Justice is dedicated to this proposition. Taking up three urgent problems of social justice neglected by current theories and thus harder to tackle in practical terms and everyday life, Martha Nussbaum seeks a theory of social justice that can guide us to a richer, more responsive approach to social cooperation. The idea of the social contract--especially as developed in the work of John Rawls--is one of the most powerful approaches to social justice in the Western tradition. But as Nussbaum demonstrates, even Rawls's theory, suggesting a contract for mutual advantage among approximate equals, cannot address questions of social justice posed by unequal parties. How, for instance, can we extend the equal rights of citizenship--education, health care, political rights and liberties--to those with physical and mental disabilities? How can we extend justice and dignified life conditions to all citizens of the world? And how, finally, can we bring our treatment of nonhuman animals into our notions of social justice? Exploring the limitations of the social contract in these three areas, Nussbaum devises an alternative theory based on the idea of capabilities. She helps us to think more clearly about the purposes of political cooperation and the nature of political principles--and to look to a future of greater justice for all.Comment: This excellent book is valuable in teaching for two main reasons: (1) it extends and expands on the application of the capability approach to non-human animals, the disabled and the global poor; and (2) it offers a valuable critique of Rawls' theory of justice.
Stark, Cynthia A.. How to Include the Severly Disabled in a Contractarian Theory of Justice2007, Journal of Political Philosophy 15 (2): 127-145.-
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Added by: Carl Fox
Content: Modifies and then defends a Rawlsian theory of justice from the charge that it cannot adequately account for the claims of severely disabled individuals who cannot participate fully in schemes of cooperation.Comment: Best suited as specialised or further reading on disability and Rawlsian theories of justice.
Kittay, Eva. At the Margins of Moral Personhood2005, Ethics 116 (1):100-131.-
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Added by: Carl Fox, Chris Howard
Summary: Considers the particular case of CSMR individuals in detail and makes a strong case for incorporating relational elements into an account of moral personhood.Comment: Best used as a specialised or further reading addressing the topics of moral personhood and justice. This paper is sure to generate and discussion and debate, particularly when paired Jeff McMahan's work on the topic, to which the paper is responsive (see in particular McMahan, "Cognitive Disability, Misfortune, and Justice"). Some of Kittay's arguments rely on somewhat fine metaphysical distinctions, so some background in philosophy would be useful, but the distinctions aren't so fine that any additional reading would be required -- in-class discussion of the nature of the relevant distinctions should suffice.
Anderson, Elizabeth. Justifying the Capabilities Approach to Justice2010, in Brighouse, H. & Robeyns, I. (Eds.) Measuring Justice: Primary Goods and Capabilities. Cambridge: Cambridge University Press. 81-100.-
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Added by: Carl Fox
Summary: Thomas Pogge (2002a) has recently criticized the capabilities approach to justice, questioning its ability to specify a plausible criterion of distributive justice that avoids stigmatizing the naturally less well-endowed. In this essay, I defend the capabilities approach against Pogge's critique, and explain why it is superior to its main rivals, subjective and resourcist approaches. A capability metric is superior to any subjective metric because only an objective metric, such as capability, can satisfy the demand for a public criterion of justice for the basic structure of society. It is superior to a resource metric because it focuses on ends rather than means, can better handle discrimination against the disabled, is properly sensitive to individual variations in functioning that have democratic import, and is well-suited to guide the just delivery of public services, especially in health and education.
Comment: A defense of the capability approach as a superior (objective) metric of justice with a particular focus on ends vs. means, discrimination against the disabled, individual variations in functioning, and the delivery of public services such as health and education. Contains a useful overview of the capabilities approach and where it fits into a complete theory of justice. Compares and contrasts the CA with a resourcist approach.
Anderson, Elizabeth. What is the Point of Equality?1999, Ethics 109(2): 287-337.-
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Added by: Carl Fox
Introduction: If much recent academic work defending equality had been secretly penned by conservatives, could the results be any more embarrassing for egalitarians? Consider how much of this work leaves itself open to classic and devastating conservative criticisms. Ronald Dworkin defines equality as an "envy-free" distribution of resources.' This feeds the suspicion that the motive behind egalitarian policies is mere envy. Philippe Van Parijs argues that equality in conjunction with liberal neutrality among conceptions of the good requires the state to support lazy, able-bodied surfers who are unwilling to work. This invites the charge that egalitarians support irresponsibility and encourage the slothful to be parasitic on the productive. Richard Arneson claims that equality requires that, under certain conditions, the state subsidize extremely costly religious ceremonies that its citizens feel bound to perform. G. A. Cohen tells us that equality requires that we compensate people for being temperamentally gloomy, or for being so incurably bored by inexpensive hobbies that they can only get fulfilling recreation from expensive diversions. These proposals bolster the objection that egalitarians are oblivious to the proper limits of state power and permit coercion of others for merely private ends. Van Parijs suggests that to fairly implement the equal right to get married, when male partners are scarce, every woman should be given an equal tradable share in the pool of eligible bachelors and have to bid for whole partnership rights, thus implementing a transfer of wealth from successful brides to compensate the losers in love. This supports the objection that egalitarianism, in its determination to correct perceived unfairness everywhere, invades our privacy and burdens the personal ties of love and affection that lie at the core of family life.Comment: This article asks the question: 'What is the point of equality?'. It provides a really clear diagnosis of some of the problems facing luck egalitarianism and goes on to articulate a particular version of the capability approach. Anderson argues that individuals are entitled to whatever they need to escape or overcome oppressive social relationships and to the capabilities necessary to participate as an equal citizen in a democratic state.
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Jaworska, Agnieszka. Respecting the Margins of Agency: Alzheimer’s Patients and the Capacity to Value
1999, Philosophy and Public Affairs 28(2): 105–138.
Comment: Jaworska asks: 'Should we, in our efforts to best respect a patient with dementia, give priority to the preferences and attitudes this person held before becoming demented, or should we follow the person’s present preferences?' (p. 108). The article offers a useful critical overview of the views expressed by Rebecca Dresser and Ronald Dworkin. It is best used as a primary reading in ethics classes focusing directly on medical ethics or autonomy, or as further reading in general ethics teaching on autonomy.