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Chong-Ming Lim, Michael C. Dunn, Jacqueline J. Chin. Clarifying the best interests standard: the elaborative and enumerative strategies in public policy-making
2016, Journal of Medical Ethics 42(8), 1-8
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Added by: Björn Freter
Abstract: One recurring criticism of the best interests standard concerns its vagueness, and thus the inadequate guidance it offers to care providers. The lack of an agreed definition of ‘best interests’, together with the fact that several suggested considerations adopted in legislation or professional guidelines for doctors do not obviously apply across different groups of persons, result in decisions being made in murky waters. In response, bioethicists have attempted to specify the best interests standard, to reduce the indeterminacy surrounding medical decisions. In this paper, we discuss the bioethicists’ response in relation to the state's possible role in clarifying the best interests standard. We identify and characterise two clarificatory strategies employed by bioethicists —elaborative and enumerative—and argue that the state should adopt the latter. Beyond the practical difficulties of the former strategy, a state adoption of it would inevitably be prejudicial in a pluralistic society. Given the gravity of best interests decisions, and the delicate task of respecting citizens with different understandings of best interests, only the enumerative strategy is viable. We argue that this does not commit the state to silence in providing guidance to and supporting healthcare providers, nor does it facilitate the abuse of the vulnerable. Finally, we address two methodological worries about adopting this approach at the state level. The adoption of the enumerative strategy is not defeatist in attitude, nor does it eventually collapse into (a form of) the elaborative strategy.
Comment: Requires basic knowledge of the 'best interests standard', and very basic knowledge of the central claims of political liberalism. Best discussed alongside other standards of decision making for those who cannot decide for themselves.
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Chong-Ming Lim. Disabilities Are Also Legitimately Medically Interesting Constraints on Legitimate Interests
2018, Mind 127(508), 977-1002
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, Contributed by: Björn Freter
Abstract: What is it for something to be a disability? Elizabeth Barnes, focusing on physical disabilities, argues that disability is a social category. It depends on the rules undergirding the judgements of the disability rights movement. Barnes’ account may strike many as implausible. I articulate the unease, in the form of three worries about Barnes’ account. It does not fully explain why the disability rights movement is constituted in such a way that it only picks out paradigmatic disability traits, nor why only the traits identified by the movement as constituting experiences of social and political constraint count as disability. It also leaves out the contribution of people other than disability activists, to the definition of disability. I develop Barnes’ account. On my account, a person is disabled if she is in some state which is constitutive of some constraint on her legitimate interests. This state must be the subject of legitimate medical interest and be picked out by the disability rights movement as among the traits for which they are seeking to promote progress and change. My account addresses the worries about Barnes’ account. It is also able to include all disabilities, rather than only physical ones.
Comment: Requires basic knowledge of discussions in social metaphysics in general, and Elizabeth Barnes' discussions of disability in particular.
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Chong-Ming Lim. Effectiveness and ecumenicity
2019, Journal of Moral Philosophy 16(5), 590–612
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Added by: Björn Freter
Abstract: Effective altruism is purportedly ecumenical towards different moral views, charitable causes, and evidentiary methods. I argue that effective altruists’ criticisms of purportedly less effective charities are inconsistent with their commitment to ecumenicity. Individuals may justifiably support charities other than those recommended by effective altruism. If effective altruists take their commitment to ecumenicity seriously, they will have to revise their criticisms of many of these charities.
Comment: Useful as starting point to criticize effective altruism. Requires some knowledge of the recommendations of the EA movement.
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Chong-Ming Lim. Reviewing resistances to reconceptualizing disability
2017, Proceedings of the Aristotelian Society 117(3), 321-331
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Added by: Björn Freter

Abstract: I attempt to adjudicate the disagreement between those who seek to reconceptualize disability as mere difference and their opponents. I do so by reviewing a central conviction motivating the resistance, concerning the relationship between disability and well-being. I argue that the conviction depends on further considerations about the costs and extent of change involved in accommodating individuals with a particular disability trait. I conclude by considering three pay-offs of this clarification.

Comment: Requires prior knowledge of two conceptions of the relationship between disability and well-being (as a bad difference or as a neutral difference) .
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Chong-Ming Lim. Vandalizing tainted commemorations
2020, Philosophy and Public Affairs, 1-32
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Added by: Björn Freter
Abstract: What should we do about “tainted” public commemorations? Recent events have highlighted the urgency of reaching a consensus on this question. However, existing discussions appear to be dominated by two naïve opposing views – to remove or preserve them. My aims in this essay are two-fold. First, I argue that the two views are not naïve, but undergirded by concerns with securing self-respect and with the character of our engagement with the past. Second, I offer a qualified defence of vandalising tainted commemorations. The defence comprises two parts. I consider two prominent suggestions – to install counter-commemorations and to add contextualising plaques – and argue that they are typically beset with difficulties. I then argue that in some circumstances, constrained vandalism is a response to tainted commemorations which effectively adjudicates the demands of the two opposing views
Comment: Lim’s paper represents one of the best attempts to charitably understand the view of those who support preservation, and furthermore constructively engages with them to the extent where a reasonable yet striking solution is proposed. Encouraged to be read with Lim, C.-M. (2020), “Transforming problematic commemorations through vandalism”, Journal of Global Ethics, 16(3): 414–421, where Lim defends the feasibility of his radical solution.
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Ciulla, Joanne. Leadership Ethics: Mapping the Territory
1995, Business Ethics Quarterly 5(1): 5-28.
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Added by: Carl Fox
Abstract: In this paper I argue that a greater understanding of the part of ethics in leadership will improve leadership studies. Debates over the definition of leadership are really debates over what researchers think constitutes good leadership. The ultimate question is not "What is leadership?" but "What is good leadership?" The word good is refers to both ethics and competence. Research into leadership ethics would explore the ethical issues of current leadership research, serve as a critical study of the field, analyze and expand normative theories of leadership, and develop new theories, research questions and ways of thinking about leadership
Comment: A useful sketch of the ethical issues that arise in the context of leadership.
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Ciulla, Joanne. The State of Leadership Ethics and the Work that Lies Before Us
2005, Business Ethics: A European Review 14 (4): 323-335.
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Added by: Carl Fox
Conclusion: As you can see, this paper raises far more questions than it answers. I do, however, believe that the relationship between ethics and effectiveness (or technical and moral excellence) is at the core of leadership ethics and, for that matter, all areas of professional ethics. The question of how ethics is related to effectiveness lurks behind the problems with studying leadership that I mentioned earlier – the problems of language and definition, descriptive and normative confusions, the discussions about altruism and self-interest and the question of causation and history. Ethical assumptions are deeply embedded in the leadership literature and the way that people think about leadership. Leadership ethics requires scholars to first critically read the leadership literature, separate the normative ideas from the descriptive and then put the two back together again. Like most philosophical endeavors, digging for the questions is the most difficult part. Once the questions are unearthed, the task becomes slightly easier. For thousands of years, moral philosophers have wrestled with questions about the relationship between knowledge and morality, free will and determinism, etc. In our libraries reside the works of some of the greatest minds in history to help us with these questions. We should use them. When we consider the horrendous problems caused by leaders today and in the past, it is extraordinary that there are not more scholars working in the area of ethics and leadership. Most people agree that leaders should be ethical, but few have delved into what this means. How do we prepare leaders who have the capacity to responsibly use power, to carry out moral obligations to followers, make sound moral decisions and serve their organizations and constituents well, etc.? And, how do we develop followers, organizations, systems and institutions that support good leadership and do not tolerate bad leadership? These are questions faced by people everywhere and we will need the help of scholars around the world to answer them.
Comment: A useful sketch of the ethical issues that arise in the context of leadership, particularly in the business sphere.
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Ciurria, Michelle. Is There a Duty to Use Moral Neurointerventions?
2017, Topoi 38(1): 37-47.
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Added by: Simon Fokt, Contributed by: Emma Gordon
Abstract: Do we have a duty to use moral neurointerventions to correct deficits in our moral psychology? On their surface, these technologies appear to pose worrisome risks to valuable dimensions of the self, and these risks could conceivably weigh against any prima facie moral duty we have to use these technologies. Focquaert and Schermer (Neuroethics 8(2):139–151, 2015) argue that neurointerventions pose special risks to the self because they operate passively on the subject-s brain, without her active participation, unlike ‘active- interventions. Some neurointerventions, however, appear to be relatively unproblematic, and some appear to preserve the agent-s sense of self precisely because they operate passively. In this paper, I propose three conditions that need to be met for a medical intervention to be considered low-risk, and I say that these conditions cut across the active/passive divide. A low-risk intervention must: (i) pass pre-clinical and clinical trials, (ii) fare well in post-clinical studies, and (iii) be subject to regulations protecting informed consent. If an intervention passes these tests, its risks do not provide strong countervailing reasons against our prima facie duty to undergo the intervention.
Comment: Proposes an account of low-risk medical interventions and argues that the risks attached to moral enhancements falling into this category are insufficient to provide us with strong reasons against our duty to undergo the intervention. Useful to read when exploring the issue of whether we are obligated to morally enhance (as e.g. Savulescu and Persson have argued).
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Clardy, Justin. Monogamies, Non-Monogamies, and the Moral Impermissibility of Intimacy Confining Constraints
2020, Journal of Black Sexuality and Relationship 2, 17-36
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Added by: Björn Freter

Abstract: In this paper, I argue that intimacy confining constraints—or a categorical restriction on having additional intimate relationships—is morally impermissible. Though some scholars believe that this problem attaches exclusively to monogamous relationshipps, I argue that it also applies to non-monogamous relationships—such as polyfidelitous relationships—as well. As this point requires a deconstruction of the juxtaposition that erroneously places monogamy and non-monogamy as binary opposites, this paper reveals a variegated and interpenetrating field of intimate non-monogamous relationships, the existence of which gets us closer to realizing the transformative power contained within non-monogamous relationships.

Comment: A specialized text in ethics and the philosophy of love. Useful for graduate level courses on gender/sexuality.
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Clardy, Justin Leonard. ‘I Don’t Want To be a Playa No More’: An Exploration of the Denigrating effects of ‘Player’ as a Stereotype Against African American Polyamorous Men
2018, Analize: Journal of Gender and Feminist Studies
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Added by: Björn Freter, Contributed by: Justin Leonard Clardy

Abstract: This paper shows how amatonormativity and its attendant social pressures converge at the intersections of race, gender, romantic relationality, and sexuality to generate peculiar challenges to polyamorous African American men in American society. Contrary to the view maintained in the “slut-vs-stud” phenomenon, I maintain that the label ‘player’ when applied to polyamorous African American men functions as a pernicious stereotype and has denigrating effects. Specifically, I argue that stereotyping polyamorous African American men as players estranges them from themselves and it constrains their agency by preemptively foreclosing the set of possibilities of what one’s sexual or romantic relational identities can be.

Comment: The paper is about important issues of race, sexual, and romantic orientation. The paper will generate lively discussions about intersectionality, the philosophy of love, justice, race, and ethics.
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Clardy, Justin Leonard. Civic Tenderness as a Response to Child Poverty in America
2019, Nicolás Brando, Gottfried Schweiger (eds.), Philosophy and Child Poverty, Cham: Springer, 303-320
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Added by: Björn Freter, Contributed by: Justin Leonard Clardy

Abstract: This chapter presents a portrait of American children as situationally vulnerable and introduces the public emotion of civic tenderness as a response to the indifference that is routinely directed toward this vulnerability. Discussions of pro-social empathic emotions typically prioritize emotions like sympathy and compassion. While they are important in their own right, these pro-social emotions are responses to situations of current need. Civic tenderness is a response to situations of vulnerability. Insofar as a person or group is now in a situation of need, they had to have first been vulnerable to experiencing that need. Since vulnerability is conceptually prior to need, civic tenderness is prior to these other pro-social emotions. Through the process that I call tenderization, I explain how tenderness for poor and impoverished children’s vulnerability can be expanded to a society’s members, institutions, and systems.

Comment: The text introduces and situates civic tenderness in a broader discussion of public emotions and social justice.
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Cobb-Greetham, Amanda. Understanding Tribal Sovereignty: Definitions, Conceptualizations, and Interpretations
2005, American Studies, 46(3), 115–132.
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Added by: Sonja Dobroski and Quentin Pharr
Abstract: Forty years have passed since the Midcontinent American Studies Journal published its landmark special issue, "The Indian Today."  Since that publication, the landscape of Indian country has changed dramatically. This change has come primarily from an amazing cultural resurgence among Native Peoples in the United States — a resurgence that has manifested itself in everything from the Red Power movement to the birth of American Indian studies in the academy; to the renaissance of contemporary Native art, literature, and film; to the creation of tribal colleges, museums, and cultural centers; to the unprecedented rise in economic development; to notable gains in power in political and legal arenas.
Comment: available in this Blueprint
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Coleman, Elizabeth Burns, Rosemary J. Coombe, Fiona MacArailt. A Broken Record: Subjecting ‘Music’ to Cultural Rights
2012, In The Ethics of Cultural Appropriation, edited by James O. Young and Conrad G. Brunk: Blackwell Publishing.
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Added by: Erich Hatala Matthes
Summary: This article presents multiple arguments for the "repatriation" of indigenous music, and the assertion of indigenous cultural rights, while troubling the imposition of legalistic frameworks of Western intellectual property. It situates the harms of appropriation in the perpetuation of unjust systems and misrepresentation, and demonstrates how careful attention to specific cultural practices can play an essential role in sorting out sometimes overly abstract debates about repatriation and appropriation.
Comment: This is a long and difficult text, but it does an excellent job of marrying careful attention to cases with philosophical context and reflection. It is a good choice for more advanced classes, particularly ones that might be focusing on music.
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Coleman, Elizabeth Burns. Aboriginal Painting: Identity and Authenticity
2001, Journal of Aesthetics and Art Criticism 59(4): 385–402.
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Added by: Erich Hatala Matthes
Summary: Coleman argues for an ontological understanding of Australian Aboriginal artworks (namely, that they function as insignia that require authoritative endorsement) that can resolve disputes about the authenticity of controversial cases of Aboriginal art. More broadly, her article illuminates the ways in which viewing art as part of a cultural heritage can affect how we understand its authenticity.
Comment: This is a longer text that intersects with a number of other topics, including appropriation, art ontology, and the art-status of non-Western artworks. It could be used in the context of course units exploring any of those themes, or to raise them in the context of a unit on authenticity.
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Coleman, Elizabeth Burns. Cultural Property and Collective Identity
2006, In Returning (to) Communities: Theory, Culture and Political Practice of the Communal, edited by Stefan Herbrechter and Michael Higgins: Brill.
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Added by: Erich Hatala Matthes
Summary: This short paper examines the relationship between cultural property and collective identity through a close analysis of a paper by Richard Handler that questions such a relationship. In particular, Handler raises a version of common worries about the lack of cultural group continuity over time: because cultures are constantly changing, this fact is thought to undermine claims about the relationship between cultural identity and cultural property, as well as subsequent repatriation requests. Coleman pushes back against this objection by questioning what kind of identity or sameness is actually required for cultural continuity over time.
Comment: Though focused on a reading that is not included in this curriculum, this text pairs well with, for instance, the Appiah, Thompson, or Young readings in this module, or any other article that raises questions about cultural continuity over time.
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