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Hampton, Jean, and . Political Philosophy

1996, Boulder, CO: Westview Press.

Publisher’s Note: Political philosophy, perhaps even more than other branches of philosophy, calls for constant renewal to reflect not just re-readings of the tradition but also the demands of current events. In this lively and readable survey, Jean Hampton has created a text for our time that does justice both to the great traditions of the field and to the newest developments. In a marvelous feat of synthesis, she links the classical tradition, the giants of the modern period, the dominant topics of the twentieth century, and the new questions and concerns that are just beginning to rewrite contemporary political philosophy.Hampton presents these traditions in an engaging and accessible manner, adding to them her own views and encouraging readers to critically examine a range of ideas and to reach their own conclusions. Of particular interest are the discussions of the contemporary liberalism-communitarianism debates, the revival of interest in issues of citizenship and nationality, and the way in which feminist concerns are integrated into all these discussions. Political Philosophy is the most modern text on the topic now available, the ideal guide to what is going on in the field. It will be welcomed by scholars and students in philosophy and political science, and it will serve as an introduction for readers from outside these fields.

Comment: Many of the chapters would make for good introductory readings to standard topics in political philosophy, including: social contract theories, political authority, distributive justice, liberalism vs communitarianism, nationalism.

Hurd, Heidi, and . The Moral Magic of Consent

1996, Legal Theory 2(2): 121-146.

Abstract: We regularly wield powers that, upon close scrutiny, appear remarkably magical. By sheer exercise of will, we bring into existence things that have never existed before. With but a nod, we effect the disappearance of things that have long served as barriers to the actions of others. And, by mere resolve, we generate things that pose significant obstacles to others’ exercise of liberty. What is the nature of these things that we create and destroy by our mere decision to do so? The answer: the rights and obligations of others. And by what seemingly magical means do we alter these rights and obligations? By making promises and issuing or revoking consent When we make promises, we generate obligations for ourselves, and when we give consent, we create rights for others. Since the rights and obligations that are affected by means of promising and consenting largely define the boundaries of permissible action, our exercise of these seemingly magical powers can significantly affect the lives and liberties of others

Comment: Good introduction to the topic of consent as it makes clear both how strange it is as a power and how pervasive it is in our moral practices. Goes on to provide an interesting argument for consent as a subjective mental state and offers an account of what that might be. Could support a lecture or seminar on consent, or would make good further reading if the topic is only touched on briefly.

Nussbaum, Martha, and . Objectification

1995, Philosophy and Public Affairs 24(4): 249-291.

Comment: Seminal paper distinguishing seven features of sexual objectification. An excellent introduction to any class on feminism.

O'Neill, Onora, and . Some limits of informed consent

2003, Journal of Medical Ethics 29 (1):4-7

Abstract: Many accounts of informed consent in medical ethics claim that it is valuable because it supports individual autonomy. Unfortunately there are many distinct conceptions of individual autonomy, and their ethical importance varies. A better reason for taking informed consent seriously is that it provides assurance that patients and others are neither deceived nor coerced. Present debates about the relative importance of generic and specific consent (particularly in the use of human tissues for research and in secondary studies) do not address this issue squarely. Consent is a propositional attitude, so intransitive: complete, wholly specific consent is an illusion. Since the point of consent procedures is to limit deception and coercion, they should be designed to give patients and others control over the amount of information they receive and opportunity to rescind consent already given.

Comment: A great introductory text offering a short overview of the problems related to consent. The point regarding the intransitivity of consent is likely to inspire interesting discussions. As the paper is quite short, it can easily be used in conjunction with other texts.

Pineau, Lois, and . Date Rape: A Feminist Analysis

1989, Law and Philosophy 8 (2): 217-243.

Abstract: This paper shows how the mythology surrounding rape enters into a criterion of reasonableness which operates through the legal system to make women vulnerable to unscrupulous victimization. It explores the possibility for changes in legal procedures and presumptions that would better serve women’s interests and leave them less vulnerable to sexual violence. This requires that we reformulate the criterion of consent in terms of what is reasonable from a woman’s point of view.

Comment: This text provides an overview of the the legal status of "date rape" in the US. It would fit well in a class covering the idea of mens rea and/or actus reus - such as a class on philosophy of law. It would also be of use in a class covering the concept of consent, rape and sexual violence, or the meaning of being 'reasonable.'

Pitkin, Hanna, and . Obligation and Consent – I

1965, The American Political Science Review 59, December: 990-999.

Introduction: One might suppose that if political theorists are by now clear about anything at all, they should be clear about the problem of political obligation and the solution to it most commonly offered, the doctrine of consent. The greatest modern political theorists took up this problem and formulated this answer. The resulting theories are deeply imbedded in our American political tradition; as a consequence we are al- ready taught a sort of rudimentary consent theory in high school. And yet I want to suggest that we are not even now clear on what “the problem of political obligation” is, what sorts of “answers” are appropriate to it, what the con- sent answer really says, or whether it is a satis- factory answer. This essay is designed to point up the extent of our confusion, to explore some of the ground anew as best it can, and to invite further effort by others. That such effort is worthwhile, that such political theory is still worth considering and that it can be made genuinely relevant to our world, are the assump- tions on which this essay rests and the larger message it is meant to convey

Comment: Still a good introduction to the topic of political obligation and does a nice job of distinguishing some of the main questions within that topic. Very thorough discussion of Locke. The third section on Tussman is a bit dated, but does discuss some of the issues surrounding political obligation and children and adults who are not fully competent.

Pitkin, Hanna, and . Obligation and Consent – II

1966, The American Political Science Review 60, March: 39-52.

Introduction: [The doctrine of “hypothetical consent”] teaches that your obligation depends not on any actual act of consenting, past or present, by yourself or your fellow-citizens, but on the character of the government. If it is a good, just government doing what a government should, then you must obey it; if it is a tyrannical, unjust government trying to do what no government may, then you have no such obligation. Or to put it another way, your obligation depends not on whether you have consented but on whether the government is such that you ought to consent to it, whether its actions are in accord with the authority a hypothetical group of rational men in a hypothetical state of nature would have (had) to give to any government they were founding. Having shown how this formulation emerges from Locke’s and Tussman’s ideas, I want now to defend it as a valid response to what troubles us about political obligation, and as a response more consonant than most with the moral realities of human decisions about obedience and resistance. At the same time the discussion should also demonstrate how many different or even conflicting things that one might want to call “consent” continue to be relevant – a fact which may help to explain the tenacity of traditional consent theory in the face of its manifest difficulties. Such a defense and demonstration, with detailed attention to such decisions, are difficult; the discussion from here on will be more speculative, and will raise more questions than it answers.

Comment: Largely superseded by later work (see, for instance, Stark's 'Hypothetical Consent and Justification'), but still an interesting exploration of hypothetical consent and legitimate authority, as well as offering further critique of actual consent theories of political obligation. Would make for good further reading or an option for anyone attracted to more of a history of philosophy approach.

Walker, Rebecca L., and . Medical Ethics Needs a New View of Autonomy

2009, Journal of medicine and philosophy 33: 594-608.

Abstract: The notion of autonomy commonly employed in medical ethics literature and practices is inadequate on three fronts: it fails to properly identify nonautonomous actions and choices, it gives a false account of which features of actions and choices makes them autonomous or nonautonomous, and it provides no grounds for the moral requirement to respect autonomy. In this paper I offer a more adequate framework for how to think about autonomy, but this framework does not lend itself to the kinds of practical application assumed in medical ethics. A general problem then arises: the notion of autonomy used in medical ethics is conceptually inadequate, but conceptually adequate notions of autonomy do not have the practical applications that are the central concern of medical ethics. Thus, a revision both of the view of autonomy and the practice of “respect for autonomy” are in order.

Comment: Walker argues against the Black Box view advocated by Beauchamp and Childress. The text is most useful when discussing principlism in biomedical ethics and more general issues related to autonomy and consent. The text works well when read alongside's Onora O'Neill's "Some limits of informed consent."