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Added by: Simon Fokt
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.Allen, Anita L.. Mental Disorders and the “System of Judgmental Responsibility”2010, Boston University Law Review 90: 621-640.-
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Added by: Simon Fokt
Diversifying Syllabi: Thesis: Those affected by mental disorders whose actions are episodically influenced by their disorder are often overlooked by philosophers of moral and ethical responsibility. Allen gives us reasons for thinking it is inappropriate to either: a) “summarily exclude people with mental problems out of the universe of moral agents, reducing them to the status of rocks, trees, animals, and infants” b) “include the group on the false assumption that their moral lives are precisely like the paradigmatic moral lives of the epistemically-sound and well-regulated people never personally touched by a mental condition” We must explore a revised approach to moral and ethical responsibility and obligation for this group.Comment: This text is useful in teaching in two main contexts: (1) in discussing ethical issues related to mental disorders; and (2) to provide a challenging case in classes on blame and responsibility. The text can be also used in the context of the free will and determinism debate, and as a further reading in classes on moral agency.
Alstott, Anne. Good for Women2001, In Phillipe Van Parijs, Joel Rogers, & Joshua Cohen (eds.), What's Wrong With a Free Lunch? Beacon Press, Boston.-
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Added by: Deryn Mair ThomasAbstract:
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.
Comment: This text discusses contemporary literature on basic income and argues that UBI and related policies increase economic security and freedom for women. In doing so, it merges contemporary feminist thought with the debates on universal basic income and similar schemes, like participatory income, guaranteed income, stakeholder grants, etc. It discuses the particular economic risks faced by women, as distinct from men, and argues that a basic income mitigates these risks by giving women the agency to decide how they use state-sponsored assistance. The article is also very brief, as it was originally part of a series in the Boston Review, then published as an edited compilation, aimed at stimulating public non-academic engagement in the topic. As such, it might be useful if explored in tandem with some of the other arguments from the series (see Van Parijs, What's Wrong With a Free Lunch?), or as an introductory text to stimulate discussion in a reading group or fundamental-level undergraduate course. Due to its interdisciplinary approach, it would be appropriate for a variety of contexts exploring many contemporary philosophical topic areas in political and social philosophy, including feminist thought, economics, ethics and politics.
Amijee, Fatema. The Role of Attention in Russell’s Theory of Knowledge2013, British Journal for the History of Philosophy 21 (6):1175-1193.-
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Added by: Chris Blake-Turner, Contributed by: Dominic Alford-Duguid
Abstract: In his Problems of Philosophy, Bertrand Russell distinguished knowledge by acquaintance and knowledge of truths. This paper argues for a new interpretation of the relationship between these two species of knowledge. I argue that knowledge by acquaintance of an object neither suffices for knowledge that one is acquainted with the object, nor puts a subject in a position to know that she is acquainted with the object. These conclusions emerge from a thorough examination of the central role played by attention in Russell's theory of knowledge. Attention bridges the gap between knowledge by acquaintance and our capacity to form judgements about the objects of acquaintance.Comment:
Andersen, Holly, Rick Grush. A Brief History of Time Consciousness: Historical Precursors to James and Husserl2009, Journal of the History of Philosophy 47: 277-307.-
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Added by: Simon Fokt, Contributed by: Simon Prosser
Abstract: William James’ Principles of Psychology, in which he made famous the ‘specious present’ doctrine of temporal experience, and Edmund Husserl’s Zur Phänomenologie des inneren Zeitbewusstseins, were giant strides in the philosophical investigation of the temporality of experience. However, an important set of precursors to these works has not been adequately investigated. In this article, we undertake this investigation. Beginning with Reid’s essay ‘Memory’ in Essays on the Intellectual Powers of Man, we trace out a line of development of ideas about the temporality of experience that runs through Dugald Stewart, Thomas Brown, William Hamilton, and finally the work of Shadworth Hodgson and Robert Kelly, both of whom were immediate influences on James (though James pseudonymously cites the latter as ‘E.R. Clay’). Furthermore, we argue that Hodgson, especially his Metaphysic of Experience (1898), was a significant influence on Husserl.
Comment: Background reading on temporal perception - a nice historical survey of discussions of the specious present.
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.
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. Value in Ethics and Economics1993, Cambridge: Harvard University Press.-
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Added by: Rochelle DuFord
Summary: Elizabeth Anderson offers a new theory of value and rationality that rejects cost-benefit analysis in our social lives and in our ethical theories. This account of the plurality of values thus offers a new approach, beyond welfare economics and traditional theories of justice, for assessing the ethical limitations of the market. In this light, Anderson discusses several contemporary controversies involving the proper scope of the market, including commercial surrogate motherhood, privatization of public services, and the application of cost-benefit analysis to issues of environmental protection.Comment: This book as a whole would be an excellent addition to an upper level course on morals and markets. The last three chapters (7-9) cover a number of applied issues in economics and ethics. Chapter 8, "Is Women's Labor a Commodity" would be an especially good addition to a course on business ethics or biomedical ethics that discusses paid surrogacy.
Anderson, Elizabeth. Feminist Epistemology and Philosophy of Science2015, Stanford Encyclopedia of Philosophy.-
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Added by: Giada Fratantonio
Abstract: Feminist epistemology and philosophy of science studies the ways in which gender does and ought to influence our conceptions of knowledge, the knowing subject, and practices of inquiry and justification. It identifies ways in which dominant conceptions and practices of knowledge attribution, acquisition, and justification systematically disadvantage women and other subordinated groups, and strives to reform these conceptions and practices so that they serve the interests of these groups. Various practitioners of feminist epistemology and philosophy of science argue that dominant knowledge practices disadvantage women by (1) excluding them from inquiry, (2) denying them epistemic authority, (3) denigrating their 'feminine' cognitive styles and modes of knowledge, (4) producing theories of women that represent them as inferior, deviant, or significant only in the ways they serve male interests, (5) producing theories of social phenomena that render women's activities and interests, or gendered power relations, invisible, and (6) producing knowledge (science and technology) that is not useful for people in subordinate positions, or that reinforces gender and other social hierarchies. Feminist epistemologists trace these failures to flawed conceptions of knowledge, knowers, objectivity, and scientific methodology. They offer diverse accounts of how to overcome these failures. They also aim to (1) explain why the entry of women and feminist scholars into different academic disciplines, especially in biology and the social sciences, has generated new questions, theories, and methods, (2) show how gender and feminist values and perspectives have played a causal role in these transformations, (3) promote theories that aid egalitarian and liberation movements, and (4) defend these developments as cognitive, not just social, advances.Comment: A very detailed primer on feminist epistemology and philosophy of science. Covers a wide range of topics and issues, its length is such that it would probably be best to assign specific sections that are of interest rather than reading the whole thing. Useful as a preliminary introduction to the topics covered, and also offers a good summary of objections to the views presented.
Anderson, Elizabeth. Ethical Assumptions in Economic Theory: Some Lessons from the History of Credit and Bankruptcy2004, Ethical Theory and Moral Practice 7.4, 347-360-
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Added by: Björn Freter, Contributed by: Anna Alexandrova
Abstract: This paper evaluates the economic assumptions of economic theory via an examination of the capitalist transformation of creditor-debtor relations in the 18th century. This transformation enabled masses of people to obtain credit without moral opprobrium or social subordination. Classical 18th century economics had the ethical concepts to appreciate these facts. Ironically, contemporary economic theory cannot. I trace this fault to its abstract representations of freedom, efficiency, and markets. The virtues of capitalism lie in the concrete social relations and social meanings through which capital and commodities are exchanged. Contrary to laissez faire capitalism, the conditions for sustaining these concrete capitalist formations require limits on freedom of contract and the scope of private property rights.Comment: Great for introducing the ideology of economics and the basics of welfare economics.
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Allen, Anita. 22 Atmospherics: Abortion Law and Philosophy
2004, In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press 184
Comment: This article offers a good way to relate practical legal problems with philosophical issues, giving the students a very direct way to see the relevance of ethics. It can inspire discussions on paternalism and its relations with global justice. Note that the article does not define the following terms which are important to understand the material: Natural law, Positivism, Realism, Atmosphere/atmospherics, Paternalism, Maternalism. Due to its focus on legal issues, the text can be better suited as further reading, or as a core reading in classes focused on applied ethics and law (following Diversifying Syllabi).