Diversity Reading List

Publisher's Note: This book examines six modern art trials covering a wide range of legal and artistic considerations ... the first in-depth examination of the art trial from every intriguing point of view.

Abstract:
An African philosophy that excludes women despite its African cultural origin and DNA of complementarity, inclusion, interrelatedness, and interconnectedness, as highlighted by concepts like ‘Ubuntu’, is indeed an aberration. The excuse that the process of forging the African identity in an era of exclusion from rationality called for a blanket or block procedure that could not accommodate demographic disaggregation is untenable. Also, the assumption of gender neutrality is a farce. This African philosophical enterprise is essentially an exhibition of a colonized mentality. The hermeneutic analysis of the pre-colonial Yoruba African world-view, its concept of existence, being/self, governance, and eldership, has offered proof that ideas of interconnectedness, interrelatedness, being-with-others, inclusion, and complementarity are entrenched and inseparable from the African world-view. In conclusion, it is therefore a valid argument and conclusion that if African philosophy is based on African world-views of complementarity, inclusion, and being-with-others, then external (colonial) influence on thought and the socialization process is responsible for the contemporary marginalization of women. When a correct diagnosis has been made, a prescription can be made accurately, and the cure is at hand.

Abstract:
Recent criticism of feminist philosophy poses a dilemma. Feminism is taken to be a substantive set of empirical claims and political commitments, whereas philosophy is taken to be a discipline of thought organized by the pursuit of truth, but uncommitted to any particular truth. This paper responds to this dilemma, and defends the project of feminist philosophy.The first task toward understanding the feminist critique of reason, Alcoff argues, is to historically situate it within the rather long tradition of critiquing reason that has existed within the mainstream of philosophy itself.

Abstract: In assessing the likely credibility of a claim or judgment, is it ever relevant to take into account the social identity of the person who has made the claim? There are strong reasons, political and otherwise, to argue against the epistemic relevance of social identity. However, there are instances where social identity might be deemed relevant, such as in determinations of criminal culpability where a relatively small amount of evidence is the only basis for the decision and where social prejudices can play a role in inductive reasoning. This paper explores these issues.

Publisher's Note: Visible Identities critiques the critiques of identity and of identity politics and argues that identities are real but not necessarily a political problem. Moreover, the book explores the material infrastructure of gendered identity, the experimental aspects of racial subjectivity for both whites and non-whites, and in several chapters looks specifically at Latio identity.

Abstract:
Tom Dougherty argues that consenting, like promising, requires both an appropriate mental attitude and a communication of that attitude. Thus, just as a promise is not a promise unless it is communicated to the promisee, consent is not consent unless it is communicated to the relevant party or parties. And those like us, who believe consent is just the attitude, and that it can exist without its being communicated, are in error. Or so Dougherty argues. We, however, are unpersuaded. We believe Dougherty is right about promises, but wrong about consent. Although each of us gives a slightly different account of the attitude that constitutes consent, we all agree that consent is constituted by that attitude and need not be communicated in order to alter the morality of another’s conduct.

Abstract: In 1934, Karl N. Llewellyn published a lively essay trumpeting the dawn of legal realism, "On Philosophy in American Law." The charm of his defective little piece is its style and audacity. A philosopher might be seduced into reading Llewellyn’s essay by its title; but one soon learns that by "philosophy" Llewellyn only meant "atmosphere". His concerns were the "general approaches" taken by practitioners, who may not even be aware of having general approaches. Llewellyn paired an anemic concept of philosophy with a pumped-up conception of law. Llewellyn’s "law" included anything that reflects the "ways of the law guild at large" - judges, legislators, regulators, and enforcers. Llewellyn argued that the legal philosophies implicit in American legal practice had been natural law, positivism and realism, each adopted in response to felt needs of a time. We must reckon with many other implicit "philosophies" to understand the workings of the law guild, not the least of which has been racism. Others, maternalism and paternalism, my foci here, persist in American law, despite women’s progress toward equality. Both maternalism and paternalism were strikingly present in a recent decision of the U.S. Supreme Court, Gonzales v. Carhart, upholding the federal Partial-Birth Abortion Ban Act.

Abstract:

A Universal Basic Income (UBI) has much to offer, particularly to women. A UBI could help fill the gaps in U.S. social programs that leave women economically vulnerable. And the tax increase needed to fund the program poses no serious threat to the economy. The libertarian right will surely howl that “high taxes” dramatically reduce work and savings. But economic research challenges that prediction. Raising the right taxes, to fund the right programs, can render freedom and equality compatible with economic growth. Refreshingly, Van Parijs argues the case for the UBI in terms of freedom – a value too seldom invoked in American social welfare policy. For similar reasons, Bruce Ackerman and I have proposed stakeholding – a one-time, unconditional grant to young citizens. Although stakeholding and the UBI differ in important ways, I want to focus on their shared strengths: both proposals could enhance women’s freedom and economic security by breaking the link between social welfare benefits and paid work.

Abstract:
In 1987, more than a decade before the dawn of queer theory, Ifi Amadiume published the groundbreaking 'Male Daughters, Female Husbands' to critical acclaim. This compelling, enduring, and highly original book argues that gender, as constructed in Western feminist discourse, did not exist in Africa before the colonial imposition of a dichotomous understanding of sexual difference. Amadiume examines the African societal structures that enabled people to achieve power within fluid masculine and feminine roles. At a time when gender and queer theory is viewed by many as overly focused on identity politics, this apt text not only warns against the danger of projecting Western notions of difference onto other cultures, but also questions the very concept of gender itself.

Abstract:
In 1987, more than a decade before the dawn of queer theory, Ifi Amadiume published the groundbreaking 'Male Daughters, Female Husbands' to critical acclaim. This compelling, enduring, and highly original book argues that gender, as constructed in Western feminist discourse, did not exist in Africa before the colonial imposition of a dichotomous understanding of sexual difference. Amadiume examines the African societal structures that enabled people to achieve power within fluid masculine and feminine roles. At a time when gender and queer theory is viewed by many as overly focused on identity politics, this apt text not only warns against the danger of projecting Western notions of difference onto other cultures, but also questions the very concept of gender itself.