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Nussbaum, Martha. Frontiers of Justice: Disability, Nationality, Species Membership
2006, Cambridge, MA: Harvard University Press.
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Added by: Simon Fokt
Publisher’s Note: Publisher: Theories of social justice are necessarily abstract, reaching beyond the particular and the immediate to the general and the timeless. Yet such theories, addressing the world and its problems, must respond to the real and changing dilemmas of the day. A brilliant work of practical philosophy, Frontiers of Justice is dedicated to this proposition. Taking up three urgent problems of social justice neglected by current theories and thus harder to tackle in practical terms and everyday life, Martha Nussbaum seeks a theory of social justice that can guide us to a richer, more responsive approach to social cooperation. The idea of the social contract--especially as developed in the work of John Rawls--is one of the most powerful approaches to social justice in the Western tradition. But as Nussbaum demonstrates, even Rawls's theory, suggesting a contract for mutual advantage among approximate equals, cannot address questions of social justice posed by unequal parties. How, for instance, can we extend the equal rights of citizenship--education, health care, political rights and liberties--to those with physical and mental disabilities? How can we extend justice and dignified life conditions to all citizens of the world? And how, finally, can we bring our treatment of nonhuman animals into our notions of social justice? Exploring the limitations of the social contract in these three areas, Nussbaum devises an alternative theory based on the idea of capabilities. She helps us to think more clearly about the purposes of political cooperation and the nature of political principles--and to look to a future of greater justice for all.
Comment: This excellent book is valuable in teaching for two main reasons: (1) it extends and expands on the application of the capability approach to non-human animals, the disabled and the global poor; and (2) it offers a valuable critique of Rawls' theory of justice.
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Priest, Maura. Transgender Children and the Right to Transition: Medical Ethics When Parents Mean Well but Cause Harm
2019, The American Journal of Bioethics. 19 (2): 45-59.
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Added by: Chris Blake-Turner
Abstract: In this article, I argue that (1) transgender adolescents should have the legal right to access puberty-blocking treatment (PBT) without parental approval, and (2) the state has a role to play in publicizing information about gender dysphoria. Not only are transgender children harmed psychologically and physically via lack of access to PBT, but PBT is the established standard of care. Given that we generally think that parental authority should not go so far as to (1) severally and permanently harm a child and (2) prevent a child from access to standard physical care, then it follows that parental authority should not encompass denying gender-dysphoric children access to PBT. Moreover, transgender children without supportive parents cannot be helped without access to health care clinics and counseling to facilitate the transition. Hence there is an additional duty of the state to help facilitate sharing this information with vulnerable teens.
Comment (from this Blueprint): Priest argues that the state should provide puberty-blocking treatment (PBT) for trans youth, even if their parents are not supportive. Priest’s argument is important partly because it avoids the issue of whether adolescents and children can give properly informed consent. This is a point that some of Priest’s critics seem to have missed (see, for example, Laidlaw et al. 2019. “The Right to Best Care for Children Does Not Include the Right to Medical Transition”, and Harris et al. 2019. “Decision Making and the Long-Term Impact of Puberty Blockade in Transgender Children”). Priest’s conclusion is founded instead on a principle of harm avoidance.
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Silvers, Anita. From the Crooked Timber of Humanity, Beautiful Things Can Be Made
2000, in: Brand, Peg Zeglin (ed.), Beauty Matters, Bloomington: Indiana University Press, pp. 197-221.
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Added by: Hans Maes
Summary: Starting from our appreciation of cubist portraits, asks why it to commonplace for us to contemplate distorted depictions of faces with eagerness and enjoyment but to be repelled by real people whose physiognomies resemble the depicted ones. Argues that the aesthetic process that permits our attraction to portrayed human anomalies can be expanded so as to offset the devalued social positioning of real people whose physiognomic features are anomalous. Presenting an anomaly as originality rather than deviance is crucial.
Comment: Useful in discussing portraiture and depiction, beauty, as well as the links between aesthetics and ethics.

Artworks to use with this text:

Pablo Picasso, Maya with a Doll (1938)

Cubist portrait of a child. Silvers interestingly compares this to a photo of a child with osteogenesis imperfecta. Useful in discussing portraiture and depiction, beauty, as well as the links between aesthetics and ethics.

Artworks to use with this text:

Pablo Picasso, Maya with a Doll (1938)

Cubist portrait of a child. Silvers interestingly compares this to a photo of a child with osteogenesis imperfecta.

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Silvers, Anita. From the Crooked Timber of Humanity, Beautiful Things Should Be Made!
2011, APA Newsletter, 10(2): 1-5.
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Added by: Hans Maes, Contributed by: Christy Mag Uidhir
Summary: Follow-up essay on her 'From the Crooked Timber of Humanity, Beautiful Things Can Be Made' (note the one-word difference in the title). Adds the idea that medical professionals have at least a mild duty to cultivate aesthetic judgment of individuals with biological differences. Also makes the case that beauty is not the same thing as attractiveness or normalcy.
Comment: Useful in discussing portraiture and depiction, beauty, as well as the links between aesthetics and ethics.

Artworks to use with this text:

Riva Lehrer, Susan Nussbaum (1998)

This portrait of disability activist Nussbaum invokes Picasso's famous portrait of Gertrude Stein (1906). It is discussed in Garland-Thomson. Useful in discussing portraiture and depiction, beauty, as well as the links between aesthetics and ethics.

Artworks to use with this text:

Riva Lehrer, Susan Nussbaum (1998)

This portrait of disability activist Nussbaum invokes Picasso's famous portrait of Gertrude Stein (1906). It is discussed in Garland-Thomson.

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Stark, Cynthia A.. How to Include the Severly Disabled in a Contractarian Theory of Justice
2007, Journal of Political Philosophy 15 (2): 127-145.
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Added by: Carl Fox
Content: 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.
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Tremain, Shelley. Reproductive freedom, self-regulation, and the government of impairment in utero
2006, Hypatia 21(1): 35-53.
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Added by: Simon Fokt
Abstract: This article critically examines the constitution of impairment in prenatal testing and screening practices and various discourses that surround these technologies. While technologies to test and screen (for impairment) prenatally are claimed to enhance women's capacity to be self-determining, make informed reproductive choices, and, in effect, wrest control of their bodies from a patriarchal medical establishment, I contend that this emerging relation between pregnant women and reproductive technologies is a new strategy of a form of power that began to emerge in the late eighteenth century. Indeed, my argument is that the constitution of prenatal impairment, by and through these practices and procedures, is a widening form of modern government that increasingly limits the field of possible conduct in response to pregnancy. Hence, the government of impairment in utero is inextricably intertwined with the government of the maternal body.
Comment: Most useful in teaching on ethical issues at the beginning of life. It can be also used in teaching on the ethics of autonomy, freedom of choice, and feminism in general.
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