Srinivasan, Amia. Sex as a Pedagogical Failure
2020, Yale Law Journal 129 (4)
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Abstract:
In the early 1980s, U.S. universities began regulating sexual relationships between professors and students. Such regulations are routinely justified by a rationale drawn from sexual-harassment law in the employment context: the power differential between professor and student precludes the possibility of genuine consent on the student’s part. This rationale is problematic, as feminists in the 1980s first observed, for its protectionist and infantilizing attitude toward (generally) women students. But it is also problematic in that it fails to register what is truly ethically troubling about consensual professor-student sex. A professor’s having sex with his student constitutes a pedagogical failure: that is, a failure to satisfy the duties that arise from the practice of teaching. What is more, much consensual professor-student sex constitutes a patriarchal failure: such relationships often feed on, and reinforce, women’s second-class standing in higher education. As such, these relationships can thwart the legal right of women students, under Title IX, to exist in the university on equal terms with their male counterparts. Whether or not we should ultimately favor such an interpretation of Title IX—whether or not, that is, it would render campuses ultimately more equal for women and other marginalized people—it is clear that university professors need to attend more carefully to the sexual ethics of their own practice.
Comment: Srinivasan made international headlines in 2021 with her book, The Right to Sex (2021), which includes an adapted version of this essay. In the midst of the #MeToo movement and global reckoning with cultures of sexual harrassment, she turned a sharp, philosophical lens towards many of the topics regarding power, sexuality, and feminism that not only had been brushed under the rug in popular media, but had also been largely considered irrelevant for philosophical investigation. This essay would make for fruitful discussion in courses or reading groups specifically focused on feminist themes, or could be used in more interdisciplinary contexts to study the #MeToo movement and the current state of modern feminist thought (other essays on similar topics can also be found in the book). For the purposes of offering the version of the essay in its most academic form, this entry cites the earlier version which was published in the Yale Law Review in 2020.Stapleton, Mog. Enacting Education2020, Phenomenology and the Cognitive Sciences 20(5), pp. 887-913-
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Added by: Maria Jimena Clavel VazquezAbstract: Education can transform our cognitive world. Recent use of enactivist and enactivist-friendly work to propose understanding transformational learning in terms of affective reframing is a promising first step to understanding how we can have or inculcate transformational learning in different ways without relying on meta-cognition. Building on this work, I argue that to fully capture the kind of perspectival changes that occur in transformational learning we need to further distinguish between ways of reorienting one’s perspective, and I specify why different ways are differently valuable. I propose that recent approaches to Confucian ritual provide a clue to what is missing in characterisations of perspective transformation and the resultant transformed perspective. I argue that focussing on ritualised interpersonal interactions provides a further clue as to what’s missing from a mere appeal to the ritual-based inculcation of new perspectives, namely the kind of lightness and flexibility that some ritualised interactions encourage participants to have, and the deepening of perspective associated with that lightness. I argue that a case study of a project implementing a highly ritualised philosophical practice with prisoners in Scotland shows how these constraints, seemingly paradoxically, function so as to actually deepen the perspectival spaces of those agents. This case study provides a proof of concept for the proposal that certain forms of ritual engagement can reliably bring about the kind of transformation of perspective that is the target phenomenon of transformative learning theory.Comment: available in this BlueprintStark, Cynthia A.. Hypothetical Consent and Justification2000, Journal of Philosophy 97 (6): 313-334.
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Added by: Carl FoxIntroduction: The social-contract tradition in moral and political thought can be loosely characterized as an approach to justification based on the idea of rational agreement. This tradition contains a variety of theories that are put to a number of uses. My exclusive focus here will be contract views that rely upon hypothetical, as opposed to actual, consent. My main objective is to defend hypothetical-consent theories against what I call the standard indictment: the claim that hypothetical consent cannot give rise to obligation. I begin by explaining the standard indictment in more detail; next, I argue that the standard indictment does not apply to moral, as contrasted with, political contractarianism; finally, I argue that, on a certain understanding of the relation between political legitimacy and political obligation, the standard indictment does not count against political contractarianism.Comment: Defends the significance of hypothetical consent as the standard of justification appropriate for establishing moral obligation in a broadly constructivist view. Very useful as specialised or further reading on moral and political obligation.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 FoxContent: 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.Starr, Ellen Gates. Art and Labour2010, In The Craft Reader, Glenn Adamson (ed.). Berg Publishers
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Added by: Quentin Pharr and Clotilde TorregrossaAbstract: From the canonical texts of the Arts and Crafts Movement to the radical thinking of today's “DIY” movement, from theoretical writings on the position of craft in distinction to Art and Design to how-to texts from renowned practitioners, from feminist histories of textiles to descriptions of the innovation born of necessity in Soviet factories and African auto-repair shops, The Craft Reader presents the first comprehensive anthology of writings on modern craft. Covering the period from the Industrial Revolution to today, the Reader draws on craft practice and theory from America, Europe, Asia and Africa. The world of craft is considered in its full breadth -- from pottery and weaving, to couture and chocolate-making, to contemporary art, architecture and curation. The writings are themed into sections and all extracts are individually introduced, placing each in its historical, cultural and artistic context. Bringing together an astonishing range of both classic and contemporary texts, The Craft Reader will be invaluable to any student or practitioner of Craft and also to readers in Art and Design.Comment (from this Blueprint): Starr highlights in this selection that art and the entirety of humanity go hand-in-hand. Firstly, she notes that art (at least, the best art) has always been, in great part, an expression of humanity's "common life" and not just an expression of its elite's interests. But, secondly and more importantly, she also argues that humans, regardless of their social status or class, cannot live without beauty in their lives. Striving for art has always been essential to joy in humanity's productive capacities, and those products have always been essential to the retention of humanity's hope in itself through our consumption of it. This selection, in conjunction with Du Bois's, makes salient that, although things are often produced by many of us without art in mind and art is often consumed by relatively few of us, such a state of affairs is ultimately not amenable to producing good societies and happy peoples. Art, as she claims, can and must be by all for all, regardless of social status or class.Steele, Katie Siobhan. The Scientist qua Policy Advisor Makes Value Judgments2012, Philosophy of Science, 79(5): 893-904
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Added by: Björn Freter, Contributed by: Johanna ThomaAbstract:
Richard Rudner famously argues that the communication of scientific advice to policy makers involves ethical value judgments. His argument has, however, been rightly criticized. This article revives Rudner’s conclusion, by strengthening both his lines of argument: we generalize his initial assumption regarding the form in which scientists must communicate their results and complete his ‘backup’ argument by appealing to the difference between private and public decisions. Our conclusion that science advisors must, for deep-seated pragmatic reasons, make value judgments is further bolstered by reflections on how the scientific contribution to policy is far less straightforward than the Rudner-style model suggests.
Comment: A major contribution to the values in science debate, focusing in particular on the role of scientists as policy advisers. The text is accessible for advanced students and can be used as the central text for a session on values in science in a philosophy of science course, or a more specialised course on related topics.Steinbock, Bonnie. The Logical Case for “Wrongful Life”1986, The Hastings Center Report 16 (2): 15-20.-
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Added by: Rochelle DuFordSummary: In this article, Steinbock solves the logical problem with torts based on wrongful life. She argues that a wrongful life suit need not show that it would have been better for the infant to have never been born, but merely that the infant is impaired to such a degree that the infant has no capacity for fulfilling even very basic human interests. She claims that this criteria is capable of serving as the basis for a tort claim concerning the recovery of extraordinary medical care and specialized training.Comment: This journal article would be a good addition to a course on medical ethics that covered some legal questions or questions about serverely impaired infants. Steinbock presents overviews of a number of wrongful life suits brought in the United States and provides a philosophical analysis of the possibility of the harm of being born.Steinbock, Bonnie. Speciesism and the Idea of Equality1978, Philosophy 53 (204): 247-256.
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Added by: Rochelle DuFordAbstract: Most of us believe that we are entitled to treat members of other species in ways which would be considered wrong if inflicted on members of our own species. We kill them for food, keep them confined, use them in painful experiments. The moral philosopher has to ask what relevant difference justifies this difference in treatment. A look at this question will lead us to re-examine the distinctions which we have assumed make a moral difference.Comment: This journal article is a response to Peter Singer's Animal Liberation, though you need not have read Animal Liberation in order to understand this article, as Steinbock provides a clear overview of Singer's main claims. The text would be useful for rebutting Singer's arguments in a course on animal ethics or environmental ethics. It would also be of use in a course on moral theory that involved questions of moral consideration or moral equality.Steinbock, Bonnie. Life Before Birth: The Moral and Legal Status of Embryos and Fetuses1994, Ethics 104 (2):408-410.
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Added by: Clotilde Torregrossa, Contributed by: Simon FoktAbstract: This book provides a coherent framework for addressing bioethical issues in which the moral status of embryos and fetuses is relevant. It is based on the 'interest view,' which ascribes moral standing to beings with interests, and connects the possession of interests with the capacity for conscious awareness or sentience. The theoretical framework is applied to up-to-date ethical and legal topics, including abortion, prenatal torts, wrongful life, the crime of feticide, substance abuse by pregnant women, compulsory cesareans, assisted reproduction, and stem cell research. Along the way, difficult philosophical problems, such as identity and the nonidentity problem are thoroughly explored.Comment:Steinbock, Bonnie. The Intentional Termination of Life1979, In Steinbock, Bonnie and Alastair Norcross (eds.), Killing and Letting Die. Fordham University Press.
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Added by: Carl FoxContent: Steinbock argues that cessation of treatment can be for reasons other than the ending of life, specifically respecting a patient's right to refuse treatment and when treatment would not be a net benefit. She concludes that the AMA can consistently reject intentional killing and hold that it is sometimes permissible to withdraw treatment without relying on the controversial passive/active euthanasia distinction.Comment: Very useful chapter for discussion in a module about ethical issues at the end of life.Can’t find it?Contribute the texts you think should be here and we’ll add them soon!
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