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Nicholas, George P., Alison Wylie. ‘Do Not Do Unto Others…’ Cultural Misrecognition and the Harms of Appropriation in an Open-Source World
2012, In Geoffrey Scarre & Robin Coningham (eds.), Appropriating the Past: Philosophical Perspectives on the Practice of Archaeology. Cambridge University Press. pp. 195-221.
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Added by: Erich Hatala Matthes
Abstract: In this chapter we explore two important questions that we believe should be central to any discussion of the ethics and politics of cultural heritage: What are the harms associated with appropriation and commodification, specifically where the heritage of Indigenous peoples is concerned? And how can these harms best be avoided? Archaeological concerns animate this discussion; we are ultimately concerned with fostering postcolonial archaeological practices. But we situate these questions in a broader context, addressing them as they arise in connection with the appropriation of Indigenous cultural heritage, both past and present.
Comment: The text offers a wide-ranging discussion of cultural appropriation, and an interresting focus on commodification, display, and community engagement. A collaboration between a philosopher (Wylie) and an archaeologist (Nicholas), it's a great fit for instructors who are looking for a case-driven text that includes theoretical context. It includes four specific case studies that range over multiple cultural contexts.
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Nussbaum, Martha. Emotions as Judgments of Value and Importance
2004, In Robert C. Solomon (ed.), Thinking About Feeling: Contemporary Philosophers on Emotions. Oxford University Press
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Added by: Andrea Blomqvist
Abstract: Nussbaum argues for a cognitivist theory of emotions, whereby an emotion is similar to a judgement. An emotion has an intentional object which is being evaluated as e.g. bad for one. On her view, our emotional reactions to different situations are connected to the idea of eudaimonia, and emotions could be seen as a guide to a flourishing life. As such, Nussbaum aims to explain how certain emotions feel like they're tearing us apart (e.g. grieving a dead family member), since they are literally bad for us. She thus departs from the Jamsian tradition whereby the psychological component of an emotion is emphasised (or emotions are sometimes reduced to physiological responses), and argues instead that the physiological response is not a necessary component of an emotion.
Comment: This paper offers a good introduction into the cognitivist theories of emotions and their basic claims. It would be good to pair with non-cognitivist theories such as William James's or Jesse Prinz's.
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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.
Nussbaum, Martha. Hiding from Humanity: Disgust, Shame, and the Law
2004, Princeton University Press.
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Back matter: "Should laws about sex and pornography be based on social conventions about what is disgusting? Should felons be required to display bumper stickers or wear T-shirts that announce their crimes? This powerful and elegantly written book, by one of America's most influential philosophers, presents a critique of the role that shame and disgust play in our individual and social lives and, in particular, in the law. Martha Nussbaum argues that we should be wary of these emotions because they are associated in troubling ways with a desire to hide from our humanity, embodying an unrealistic and sometimes pathological wish to be invulnerable. Nussbaum argues that the thought-content of disgust embodies ""magical ideas of contamination, and impossible aspirations to purity that are just not in line with human life as we know it."" She argues that disgust should never be the basis for criminalizing an act, or play either the aggravating or the mitigating role in criminal law it currently does. She writes that we should be similarly suspicious of what she calls ""primitive shame,"" a shame ""at the very fact of human imperfection,"" and she is harshly critical of the role that such shame plays in certain punishments. Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references--from Aristotle and Freud to Nazi ideas about purity--and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading case, this is a major work of legal and moral philosophy".
Comment: Particularly useful for teaching on the non-rational motivators of moral reasoning and justifications of punishment, and on how emotions can be misleading and unreliable as a guide for law and ethics.
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Nussbaum, Martha. Non-Relative Virtues
2001, in Paul K. Moser, Thomas L. Carson (eds.), Moral Relativism, New York: Oxford University Press.
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Added by: Simon Fokt
Abstract:
Comment: This text provides an interesting commentary to Nicomachean Ethics, offering a discussion of the relation between Aristotle's theoretical framework and particular cultural attitudes.
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Nussbaum, Martha. Objectification
1995, Philosophy and Public Affairs 24(4): 249-291.
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Added by: Simon Fokt
Introduction:  Sexual objectification is a familiar concept. Once a relatively technical term in feminist theory, associated in particular with the work of Catharine MacKinnon and Andrea Dworkin, the word "objectification" has by now passed into many people's daily lives. It is common to hear it used to criticize advertisements, films, and other representations, and also to express skepticism about the attitudes and intentions of one person to another, or of oneself to someone else. Generally it is used as a pejorative term, connoting a way of speaking, thinking, and acting that the speaker finds morally or socially objectionable, usually, though not always, in the sexual realm. Thus, Catharine MacKinnon writes of pornography, "Admiration of natural physical beauty becomes objectification. Harmlessness becomes harm."' The portrayal of women "dehumanized as sexual objects, things, or commodities" is, in fact, the first category of pornographic material made actionable under MacKinnon and Dworkin's proposed Minneapolis ordinance.2 The same sort of pejorative use is very common in ordinary social discussions of people and events.
Comment: Seminal paper distinguishing seven features of sexual objectification. An excellent introduction to any class on feminism.
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Nussbaum, Martha, Rosalind Hursthouse. Plato on Commensurability and Desire
1984, Aristotelian Society Supplementary Volume 58: 55-96.
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Added by: Simon Fokt
Diversifying Syllabi: Plato’s belief in the commensurability of values (shared by modern utilitarians) ultimately “cuts very deep: taken seriously, it will transform our passions as well as our decision-making, giving emotions such as love, fear, grief, and hence the ethical problems that are connected with them, an altogether different character” (56). The upshot is that “certain proposals in ethics and social choice theory that present themselves as innocuous extensions of ordinary belief and practice could actually lead, followed and lived with severity and rigor, to the end of human life as we currently know it” (56).
Comment: The text is useful in teaching ethics, especially as a critique of utilitarianism. It can also be used as a reading in history of philosophy classes focusing on ancient ethics. It is rather long, but can be used in excerpts. The paper is largely reprinted in Nussbaum's Fragility of Goodness.
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Nussbaum, Martha. Sex and Social Justice
1999, Oxford University Press.
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Back matter: What does it mean to respect the dignity of a human being? What sort of support do human capacities demand from the world, and how should we think about this support when we encounter differences of gender or sexuality? How should we think about each other across divisions that a legacy of injustice has created? In Sex and Social Justice, Martha Nussbaum delves into these questions and emerges with a distinctive conception of feminism that links feminist inquiry closely to the important progress that has been made during the past few decades in articulating theories of both national and global justice. Growing out of Nussbaum's years of work with an international development agency connected with the United Nations, this collection charts a feminism that is deeply concerned with the urgent needs of women who live in hunger and illiteracy, or under unequal legal systems. Offering an internationalism informed by development economics and empirical detail, many essays take their start from the experiences of women in developing countries. Nussbaum argues for a universal account of human capacity and need, while emphasizing the essential role of knowledge of local circumstance. Further chapters take on the pursuit of social justice in the sexual sphere, exploring the issue of equal rights for lesbians and gay men. Nussbaum's arguments are shaped by her work on Aristotle and the Stoics and by the modern liberal thinkers Kant and Mill. She contends that the liberal tradition of political thought holds rich resources for addressing violations of human dignity on the grounds of sex or sexuality, provided the tradition transforms itself by responsiveness to arguments concerning the social shaping of preferences and desires. She challenges liberalism to extend its tradition of equal concern to women, always keeping both agency and choice as goals. With great perception, she combines her radical feminist critique of sex relations with an interest in the possibilities of trust, sympathy, and understanding. Sex and Social Justice will interest a wide readership because of the public importance of the topics Nussbaum addresses and the generous insight she shows in dealing with these issues. Brought together for this timely collection, these essays, extensively revised where previously published, offer incisive political reflections by one of our most important living philosophers.
Comment: Chapter 'Judging Other Cultures: The Case of Genital Mutilation' can be particularly useful in illustrating the debate on universality vs relativity of ethical norms and values, and in discussing the legitimacy of imposing cultural norms of one culture upon another.
Nussbaum, Martha. The Fragility of Goodness: Luck and Ethics in Greek Tragedy and Philosophy
2001, Cambridge University Press .
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Back matter: This book is a study of ancient views about 'moral luck'. It examines the fundamental ethical problem that many of the valued constituents of a well-lived life are vulnerable to factors outside a person's control, and asks how this affects our appraisal of persons and their lives. The Greeks made a profound contribution to these questions, yet neither the problems nor the Greek views of them have received the attention they deserve. This book thus recovers a central dimension of Greek thought and addresses major issues in contemporary ethical theory. One of its most original aspects is its interrelated treatment of both literary and philosophical texts. The Fragility of Goodness has proven to be important reading for philosophers and classicists, and its non-technical style makes it accessible to any educated person interested in the difficult problems it tackles.
Comment: Apart from offering an in-depth study of moral luck, the book presents interesting criticisms of Plato's ethics and commentaries on Aristotle.
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Nussbaum, Martha Craven. Love’s Knowledge: Essays on Philosophy and Literature
1990, Oxford University Press.
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Added by: Chris Blake-Turner, Contributed by: Christy Mag Uidhir
Publisher's Note: This volume brings together Nussbaum's published papers on the relationship between literature and philosophy, especially moral philosophy. The papers, many of them previously inaccessible to non-specialist readers, explore such fundamental issues as the relationship between style and content in the exploration of ethical issues; the nature of ethical attention and ethical knowledge and their relationship to written forms and styles; and the role of the emotions in deliberation and self-knowledge. Nussbaum investigates and defends a conception of ethical understanding which involves emotional as well as intellectual activity, and which gives a certain type of priority to the perception of particular people and situations rather than to abstract rules. She argues that this ethical conception cannot be completely and appropriately stated without turning to forms of writing usually considered literary rather than philosophical. It is consequently necessary to broaden our conception of moral philosophy in order to include these forms. Featuring two new essays and revised versions of several previously published essays, this collection attempts to articulate the relationship, within such a broader ethical inquiry, between literary and more abstractly theoretical elements.
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O'Neill, Onora. A Question of Trust
2002, Cambridge University Press.
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Added by: Clotilde Torregrossa, Contributed by: Simon Fokt
Publisher's Note: We say we can no longer trust our public services, institutions or the people who run them. The professionals we have to rely on - politicians, doctors, scientists, businessmen and many others - are treated with suspicion. Their word is doubted, their motives questioned. Whether real or perceived, this crisis of trust has a debilitating impact on society and democracy. Can trust be restored by making people and institutions more accountable? Or do complex systems of accountability and control themselves damage trust? Onora O'Neill challenges current approaches, investigates sources of deception in our society and re-examines questions of press freedom. 2002's Reith Lectures present a philosopher's view of trust and deception, and ask whether and how trust can be restored in a modern democracy.
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O'Neill, Onora. Autonomy and Trust in Bioethics
2002, Cambridge University Press.
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Added by: Chris Howard, Contributed by: Simon Fokt
Publisher's Note: Onora O'Neill suggests that the conceptions of individual autonomy (so widely relied on in bioethics) are philosophically and ethically inadequate; they undermine rather than support relationships based on trust. Her arguments are illustrated by issues raised by such practices as the use of genetic information by the police, research using human tissues, new reproductive technologies, and media practices for reporting on science, medicine, and technology. The study appeals to a wide range of readers in ethics, bioethics, and related disciplines.
Comment: Parts of this book are an excellent supplement to units on autonomy and informed consent in an intermediate-advanced level medical ethics course. In particular, chapters 1, 2, and 4 would be excellent additions to a unit on autonomy, and chapter 7 would be a similarly excellent addition to a unit on informed consent.
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O'Neill, Onora. Autonomy: The Emperor’s New Clothes
2003, Aristotelian Society Supplementary Volume 77(1): 1-20.
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Added by: Carl Fox, Contributed by: Simon Fokt
Abstract: Conceptions of individual autonomy and of rational autonomy have played large parts in twentieth century moral philosophy, yet it is hard to see how either could be basic to morality. Kant's conception of autonomy is radically different. He predicated autonomy neither of individual selves nor of processes of choosing, but of principles of action. Principles of action are Kantianly autonomous only if they are law-like in form and could be universal in scope; they are heteronomous if, although law-like in form, they cannot have universal scope. Puzzles about claims linking morality, reason and autonomy are greatly reduced by recognising the distinctiveness of Kantian autonomy
Comment: Offers a clear overview of different approaches to autonomy and provides a useful exegesis of Kant's own conception, which is vigorously distinguished from both 'personal' and 'rational' autonomy. Would be a good specialised reading or further reading if teaching either on autonomy in general, or Kant's theory of morality.
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O'Neill, Onora. Constructions of Reason: Explorations of Kant’s Practical Philosophy
1989, Cambridge University Press.
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Added by: Clotilde Torregrossa
Publisher's Note: Two centuries after they were published, Kant's ethical writings are as much admired and imitated as they have ever been, yet serious and long-standing accusations of internal incoherence remain unresolved. Onora O'Neill traces the alleged incoherences to attempts to assimilate Kant's ethical writings to modern conceptions of rationality, action and rights. When the temptation to assimilate is resisted, a strikingly different and more cohesive account of reason and morality emerges. Kant offers a "constructivist" vindication of reason and a moral vision in which obligations are prior to rights and in which justice and virtue are linked. O'Neill begins by reconsidering Kant's conceptions of philosophical method, reason, freedom, autonomy and action. She then moves on to the more familiar terrain of interpretation of the Categorical Imperative, while in the last section she emphasizes differences between Kant's ethics and recent "Kantian" ethics, including the work of John Rawls and other contemporary liberal political philosophers
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O'Neill, Onora. Constructivism vs. Contractualism
2003, Ratio 16(4): 319-331.
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Added by: Carl Fox
Introduction: Are Constructivism and Contractualism different, and if so how? Seemingly they are not wholly different, and certainly not incompatible, since some writers have described themselves as both. As a first shot one might suggest that contractualists ground ethical or political justification in agreement of some sort, whereas constructivists ground them in some conception of reason. This will not provide any neat separation of the two approaches to justification, since agreement may provide a basis for reasons, and reasoning a way of achieving agreement. In opening up these questions a bit further I shall consider some of the moves John Rawls and Tim Scanlon make in talking about their own methods of ethics, and in particular, some of the connections they draw between their methods and the scope of their accounts of ethical reasoning.
Comment: Would be a good further reading for any teaching that touches on Rawls's Kantian constructivism in particular.
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