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Added by: Carl FoxPublisher’s Note:
This book shows that civil disobedience is more defensible than private conscientious objection. Part I distinguishes conviction from conscience, shedding light on the former as something non-evasive and communicative, and on the latter as something much richer, namely, genuine moral responsiveness. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private ‘conscientious’ objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished.
Brownlee, Kimberley. Being Sure of Each Other: An Essay on Social Rights and Freedoms2020, Oxford University Press-
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Added by: Deryn Mair ThomasPublisher’s Note:
To survive, let alone flourish, we need to be sure of—securely tied to—at least one other person. We also need to be sure of our general acceptance within the wider social world. This book explores the normative implications of taking our social needs seriously. Chapter 1 sketches out what our core social needs are, and Chapter 2 shows that they ground a fundamental, but largely neglected human right against social deprivation. Chapter 3 then argues that this human right includes a right to sustain the people we care about, and that often, when we are denied the resources to sustain others, we endure social contribution injustice. Chapters 4–6 explore the tension between our needs for social inclusion and our needs for interactional and associational freedom, showing that social inclusion must take priority. While Chapters 5 and 6 defend a narrow account of freedom of association, Chapter 7 shows that the moral ballgame changes once we have made morally messy associative decisions. Sometimes we have rights to remain in associations that we had no right to form. Finally, Chapter 8 exposes the distinct social injustices that we do to people whom we deem to be socially threatening. Overall, the book identifies ways to change our social and political practices, and our personal perspectives, to better honour the fact that we are fundamentally social beings.
Comment:
Brownlee, Kimberley. A Human Right Against Social Deprivation2013, Philosophical Quarterly 63 (251):199-222-
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Added by: Deryn Mair ThomasAbstract:
Human rights debates neglect social rights. This paper defends one fundamentally important, but largely unacknowledged social human right. The right is both a condition for and a constitutive part of a minimally decent human life. Indeed, protection of this right is necessary to secure many less controversial human rights. The right in question is the human right against social deprivation. In this context, ‘social deprivation’ refers not to poverty, but to genuine, interpersonal, social deprivation as a persisting lack of minimally adequate opportunities for decent human contact and social inclusion. Such deprivation is endured not only in arenas of institutional segregation by prisoners and patients held in long‐term solitary confinement and quarantine, but also by persons who suffer less organised forms of persistent social deprivation. The human right against social deprivation can be fleshed out both as a civil and political right and as a socio‐economic right. The defence for it faces objections familiar to human rights theory such as undue burdensomeness, unclaimability, and infeasibility, as well as some less familiar objections such as illiberality, intolerability, and ideals of the family. All of these objections can be answered.
Comment: This could be an interesting text to use in the context of a course on human rights, as it addresses an area of rights literature largely neglected by mainstream, analytic political philosophers. Brownlee offers a thorough and thoughtful consideration of what the content of such a right might be, and defends her account using careful reference to qualitative studies and existing data on the effects of social deprivation. In this sense, the text might also be useful in the context of discussions about applied social ethics and the broader civic and political significance of meeting social needs.
Brownlee, Kimberley. Ethical Dilemmas of Sociability2016, Utilitas 28 (1):54-72-
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Added by: Deryn Mair ThomasAbstract:
There is a tension between our need for associative control and our need for social connections. This tension creates ethical dilemmas that we can call each-we dilemmas of sociability. To resolve these dilemmas, we must prioritize either negative moral rights to dissociate or positive moral rights to social inclusion. This article shows that we must prioritize positive social rights. This has implications both for personal morality and for political theory. As persons, we must attend to each other's basic social needs. As a society, we must adopt a sufficientarian approach to the regulation of social resources.
Comment: This paper presents a unique interpretation of social, moral dilemmas in the context of our rights as social creatures. As such, it could be useful in the context of various social and political philosophical subject areas, including discussions on human rights, the scope of rights and duties, social rights, or alternative perspectives on moral dilemmas. In this sense, it could be used in an introductory moral philosophy course to introduce basic questions about moral dilemmas and the extent to which our social needs can be the subject of those dilemma. It could also be utilised in more advanced courses to examine the nature of socio-economic rights, the extent of our social needs, or to debate the extent to which the satisfaction of social needs constitutes such basic rights as human rights. It is somewhat technical, so introductory-level students may need some extra guidance.
Brownlee, Kimberley. The Lonely Heart Breaks: On The Right to Be a Social Contributor2016, Aristotelian Society Supplementary Volume 90 (1):27-48-
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Added by: Deryn Mair ThomasAbstract:
This paper uncovers a distinctively social type of injustice that lies in the kinds of wrongs we can do to each other specifically as social beings. In this paper, social injustice is not principally about unfair distributions of socio-economic goods among citizens. Instead, it is about the ways we can violate each other’s fundamental rights to lead socially integrated lives in close proximity and relationship with other people. This paper homes in on a particular type of social injustice, which we can call social contribution injustice. The paper identifies two distinct forms of social contribution injustice. The first form involves compromising a person’s social resources so as to deny her adequate scope to contribute socially. The second form involves unjustly misvaluing a person as a social contributor, usually by not taking her seriously as a social contributor.
Comment: This paper offers a unique account of what distinguishes social contribution from other social goods, and makes an interesting defense of contribution as a right. It is especially relevant for discussing the extent to which we have social rights, and determining their scope, or their relationship to basic human rights. It might be useful to offer as further reading for a course on applied ethics, or could be used as a central reading in courses which focus on human rights or social rights. It also puts forward a novel understanding of social injustice which is grounded, not in distribution of goods, but in violation of rights. This aspect of the argument could be relevant to a more general discussion on conceptions of social justice.
Brownlee, Kimberley. Freedom of Association: It’s Not What You Think2015, Oxford Journal of Legal Studies 35 (2):267-282-
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Added by: Deryn Mair ThomasAbstract:
This article shows that associative freedom is not what we tend to thinkit is. Contrary to standard liberal thinking, it is neither a general moral permissionto choose the society most acceptable to us nor a content-insensitive claim-rightakin to the other personal freedoms with which it is usually lumped such asfreedom of expression and freedom of religion. It is at most (i) a highly restrictedmoral permission to associate subject to constraints of consent, necessity andburdensomeness; (ii) a conditional moral permission not to associate provided ourassociative contributions are not required; and (iii) a highly constrained, contentsensitive moral claim-right that protects only those wrongful associations thathonour other legitimate concerns such as consent, need, harm and respect. Thisarticle also shows that associative freedom is not as valuable as we tend to think itis. It is secondary to positive associative claim-rights that protect our fundamentalsocial needs and are pre-conditions for any associative control worth the name.
Comment: This paper offers a novel account of associative freedom, which counters existing philosophical consensus in the literature and proposes an account grounded in more positive claim-rights that we have as human beings to hold intimate associations throughout our lives. As such, it could be included in a course exploring the fundamentals of social philosophy, as a way to explore the basic requirements we have for social resources, as well as the rights/freedoms/obligations/duties that surround those requirements. It could also be useful as a core text in more traditional topic areas like political theory, human rights, or basic freedoms, or further reading as a counterposition to more traditional claims in those areas.
Buchak, Lara. Risk and Rationality2013, Oxford: Oxford University Press.-
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Added by: Jie Gao
Publisher's Note: Lara Buchak sets out a new account of rational decision-making in the face of risk. She argues that the orthodox view is too narrow, and suggests an alternative, more permissive theory: one that allows individuals to pay attention to the worst-case or best-case scenario, and vindicates the ordinary decision-maker.Comment: This book argues for an alternative account of ideal rationality as opposed to the orthodox view in terms of expected utility theory. Buchak manages to explain the technical details of her theory in such a non-technical way that any student of philosophy will be able to follow her discussion. The book moreover contains very interesting passages on what we might call "the philosophy of decision theory", such as metaphysical and epistemological issues concerning utilities and probabilities. This makes it a good teaching material for courses on decision theory and philosophy of action.
Buchak, Lara. Faith and Steadfastness in the face of Counter-Evidence2017, International Journal for Philosophy of Religion 81(1-2): 113-133.-
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Added by: Emily Paul
Abstract: It is sometimes said that faith is recalcitrant in the face of new evidence, but it is puzzling how such recalcitrance could be rational or laudable. I explain this aspect of faith and why faith is not only rational, but in addition serves an important purpose in human life. Because faith requires maintaining a commitment to act on the claim one has faith in, even in the face of counter-evidence, faith allows us to carry out long-term, risky projects that we might otherwise abandon. Thus, faith allows us to maintain integrity over time.Comment: This would be a great paper to set for further reading, with Buchak's 'Can it be Rational to Have Faith'? as a primary reading. It could alternatively be a primary reading, but in a more specialised Philosophy of Religion course - for instance, one that is specifically on Religious Epistemology or on Faith and Reason.
Buchak, Lara. Can it be Rational to Have Faith?2012, in Jake Chandler & Victoria Harrison (eds.) Probability in the Philosophy of Religion. Oxford University Press: 225-247.-
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Added by: Emily Paul
Abstract: This paper provides an account of what it is to have faith in a proposition p, in both religious and mundane contexts. It is argued that faith in p doesn't require adopting a degree of belief that isn't supported by one's evidence but rather it requires terminating one's search for further evidence and acting on the supposition that p. It is then shown, by responding to a formal result due to I.J. Good, that doing so can be rational in a number of circumstances. If expected utility theory is the correct account of practical rationality, then having faith can be both epistemically and practically rational if the costs associated with gathering further evidence or postponing the decision are high. If a more permissive framework is adopted, then having faith can be rational even when there are no costs associated with gathering further evidenceComment: A great paper for an intermediate philosophy of religion course, especially because many arguments from students are to the contrary: it's irrational to believe in God when we don't have satisfactory evidence. It could be nice to set up a debate centering around this paper. It could work particularly well towards the end of the course.
Buchak, Lara. Rational Faith and Justified Belief2014, in Laura Frances Callahan & Timothy O'Connor (eds.) Reigious Faith and Intellectual Virtue. Oxford University Press: 49-73.-
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Added by: Emily Paul
Abstract: In 'Can it be rational to have faith?', it was argued that to have faith in some proposition consists, roughly speaking, in stopping one's search for evidence and committing to act on that proposition without further evidence. That paper also outlined when and why stopping the search for evidence and acting is rationally required. Because the framework of that paper was that of formal decision theory, it primarily considered the relationship between faith and degrees of belief, rather than between faith and belief full stop. This paper explores the relationship between rational faith and justified belief, by considering four prominent proposals about the relationship between belief and degrees of belief, and by examining what follows about faith and belief according to each of these proposals. It is argued that we cannot reach consensus concerning the relationship between faith and belief at present because of the more general epistemological lack of consensus over how belief relates to rationality: in particular, over how belief relates to the degrees of belief it is rational to have given one's evidence.Comment: This could be a great paper to set for further reading, with Buchak's 'Can it be Rational to Have Faith?' as a primary reading. If being discussed as a primary reading, it would be good to get very clear on Buchak's four candidates for the relationship between belief and degrees of belief: perhaps by splitting the room into four groups, and getting each group to discuss one proposal - as well as what follows about the relationship between faith and belief according to that proposal.
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Brownlee, Kimberley. Conscience and Conviction: The Case for Civil Disobedience
2012, Oxford: Oxford University Press.
Comment: An original approach to the morality of civil disobedience and the question of what protections should be enshrined in law for adherence to the dictates of one's conscience. Particularly interesting because the author argues that a stronger case can be made for permitting and protecting public civil disobedience than can be made for private conscientious objection. This text would be useful in a variety of teaching contexts. For example, a high-level undergraduate or master's level course on activism and resistance might utilise Part I to explore the specifically moral arguments defending civil disobedience, while philosophy of law courses might focus on the legal arguments in Part II. For a reading group or lower-level undergraduate courses, the introduction defines basic terms and offers a more entry-level discussion of the traditional liberal view of civil disobedience.