Diversity Reading List

Abstract: This paper examines the roles of culture in the principles of biomedical ethics. Drawing on examples from African, Navajo and Western cultures, the paper maintains that various elements of culture are indispensable to the application of the principles of biomedical ethics.

Abstract: Perception, representations, and knowledge claims about disability and queerness vary across societies and cultures. In African cultures negative knowledge claims and representations of disability and queerness create a perception of the disabled and queer that are not only detrimental to such persons in African societies but arguably undermine the work of understanding difference and tolerance in general. These negative claims raise some epistemological questions, such as: how do Africans come to know about disability and how are such knowledge claims validated within African communities? Against this backdrop, this chapter critically examines the epistemology of disability and queerness in African traditions. It shows that the epistemic authoritarianism found in African epistemology leads to an epistemic injustice that contributes immensely to the discrimination against disabled and queer beings as reflected in many cultural practices across the continent of Africa. The chapter argues that knowledge claims about disability and queerness in Africa emerge mainly from neglect, superstition, myth, and, above all, ignorance.

Back Matter: The Sexual Politics of Meat argues that what, or more precisely who, we eat is determined by the patriarchal politics of our culture, and that the meanings attached to meat eating are often clustered around virility. We live in a world in which men still have considerable power over women, both in public and in private. Carol Adams argues that gender politics is inextricably related to how we view animals, especially animals who are consumed. Further, she argues that vegetarianism and fighting for animal rights fit perfectly alongside working to improve the lives of disenfranchised and suffering people, under the wide umbrella of compassionate activism.

Publisher's Note: This book examines six modern art trials covering a wide range of legal and artistic considerations ... the first in-depth examination of the art trial from every intriguing point of view.

Publisher’s Note:

Nearly a century before the advent of "multiculturalism," Jane Addams put forward her conception of the moral significance of diversity. Each member of a democracy, Addams believed, is under a moral obligation to seek out diverse experiences, making a daily effort to confront others' perspectives. Morality must be seen as a social rather than an individual endeavour, and democracy as a way of life rather than merely a basis for laws. Failing this, both democracy and ethics remain sterile, empty concepts. In this, Addams's earliest book on ethics--presented here with a substantial introduction by Charlene Haddock Seigfried--she reflects on the factors that hinder the ability of all members of society to determine their own well-being. Observing relationships between charitable workers and their clients, between factory owners and their employers, and between household employers and their servants, she identifies sources of friction and shows how conceiving of democracy as a social obligation can lead to new, mutually beneficial lines of conduct. She also considers the proper education of workers, struggles between parents and their adult daughters over conflicting family and social claims, and the merging of politics with the daily lives of constituents. "The sphere of morals is the sphere of action," Addams proclaims. It is not enough to believe passively in the innate dignity of all human beings. Rather, one must work daily to root out racial, gender, class, and other prejudices from personal relationships.

Abstract: Rarely do labour law theories draw on disability studies. However, with the growing acceptance that both disability and labour are human rights issues that are concerned with dignity and equality, and that both fields of study tempt to address the social context of disadvantage, an opportunity emerges to bring the two discourses together. In this chapter, I take advantage of this opportunity to discuss the right to work. The interest lies in the new and crucially important direction that Article 27 of the Convention on the Rights of Persons with Disabilities (hereafter the CRPD or the Convention) has taken. Article 27, the latest international human rights instrument that has been adopted regarding the right to work, offers what I consider to be an innovative and welcome approach towards this right, while addressing some of the main concerns that were raised in the literature regarding the right to work as adopted in other international human rights documents and implemented in practice.

Abstract: Tom Dougherty argues that consenting, like promising, requires both an appropriate mental attitude and a communication of that attitude.Thus, just as a promise is not a promise unless it is communicated to the promisee, consent is not consent unless it is communicated to the relevant party or parties. And those like us, who believe consent is just the attitude, and that it can exist without its being communicated, are in error. Or so Dougherty argues. We, however, are unpersuaded. We believe Dougherty is right about promises, but wrong about consent. Although each of us gives a slightly different account of the attitude that constitutes consent, we all agree that consent is constituted by that attitude and need not be communicated in order to alter the morality of another’s conduct.

Publisher’s Note: The word Wasáse is the Kanienkeha (Mohawk) word for the ancient war dance ceremony of unity, strength, and commitment to action. The author notes, "This book traces the journey of those Indigenous people who have found a way to transcend the colonial identities which are the legacy of our history and live as Onkwehonwe, original people. It is dialogue and reflection on the process of transcending colonialism in a personal and collective sense: making meaningful change in our lives and transforming society by recreating our personalities, regenerating our cultures, and surging against forces that keep us bound to our colonial past."

Abstract: In 1934, Karl N. Llewellyn published a lively essay trumpeting the dawn of legal realism, "On Philosophy in American Law." The charm of his defective little piece is its style and audacity. A philosopher might be seduced into reading Llewellyn’s essay by its title; but one soon learns that by "philosophy" Llewellyn only meant "atmosphere". His concerns were the "general approaches" taken by practitioners, who may not even be aware of having general approaches. Llewellyn paired an anemic concept of philosophy with a pumped-up conception of law. Llewellyn’s "law" included anything that reflects the "ways of the law guild at large" - judges, legislators, regulators, and enforcers. Llewellyn argued that the legal philosophies implicit in American legal practice had been natural law, positivism and realism, each adopted in response to felt needs of a time. We must reckon with many other implicit "philosophies" to understand the workings of the law guild, not the least of which has been racism. Others, maternalism and paternalism, my foci here, persist in American law, despite women’s progress toward equality. Both maternalism and paternalism were strikingly present in a recent decision of the U.S. Supreme Court, Gonzales v. Carhart, upholding the federal Partial-Birth Abortion Ban Act.

Abstract:

A Universal Basic Income (UBI) has much to offer, particularly to women. A UBI could help fill the gaps in U.S. social programs that leave women economically vulnerable. And the tax increase needed to fund the program poses no serious threat to the economy. The libertarian right will surely howl that “high taxes” dramatically reduce work and savings. But economic research challenges that prediction. Raising the right taxes, to fund the right programs, can render freedom and equality compatible with economic growth. Refreshingly, Van Parijs argues the case for the UBI in terms of freedom – a value too seldom invoked in American social welfare policy. For similar reasons, Bruce Ackerman and I have proposed stakeholding – a one-time, unconditional grant to young citizens. Although stakeholding and the UBI differ in important ways, I want to focus on their shared strengths: both proposals could enhance women’s freedom and economic security by breaking the link between social welfare benefits and paid work.

Summary: Thomas Pogge (2002a) has recently criticized the capabilities approach to justice, questioning its ability to specify a plausible criterion of distributive justice that avoids stigmatizing the naturally less well-endowed. In this essay, I defend the capabilities approach against Pogge's critique, and explain why it is superior to its main rivals, subjective and resourcist approaches. A capability metric is superior to any subjective metric because only an objective metric, such as capability, can satisfy the demand for a public criterion of justice for the basic structure of society. It is superior to a resource metric because it focuses on ends rather than means, can better handle discrimination against the disabled, is properly sensitive to individual variations in functioning that have democratic import, and is well-suited to guide the just delivery of public services, especially in health and education.

Abstract: The underdetermination argument establishes that scientists may use political values to guide inquiry, without providing criteria for distinguishing legitimate from illegitimate guidance. This paper supplies such criteria. Analysis of the confused arguments against value-laden science reveals the fundamental criterion of illegitimate guidance: when value judgments operate to drive inquiry to a predetermined conclusion. A case study of feminist research on divorce reveals numerous legitimate ways that values can guide science without violating this standard.

Summary: Elizabeth Anderson offers a new theory of value and rationality that rejects cost-benefit analysis in our social lives and in our ethical theories. This account of the plurality of values thus offers a new approach, beyond welfare economics and traditional theories of justice, for assessing the ethical limitations of the market. In this light, Anderson discusses several contemporary controversies involving the proper scope of the market, including commercial surrogate motherhood, privatization of public services, and the application of cost-benefit analysis to issues of environmental protection.

Introduction: If much recent academic work defending equality had been secretly penned by conservatives, could the results be any more embarrassing for egalitarians? Consider how much of this work leaves itself open to classic and devastating conservative criticisms. Ronald Dworkin defines equality as an "envy-free" distribution of resources.' This feeds the suspicion that the motive behind egalitarian policies is mere envy. Philippe Van Parijs argues that equality in conjunction with liberal neutrality among conceptions of the good requires the state to support lazy, able-bodied surfers who are unwilling to work. This invites the charge that egalitarians support irresponsibility and encourage the slothful to be parasitic on the productive. Richard Arneson claims that equality requires that, under certain conditions, the state subsidize extremely costly religious ceremonies that its citizens feel bound to perform. G. A. Cohen tells us that equality requires that we compensate people for being temperamentally gloomy, or for being so incurably bored by inexpensive hobbies that they can only get fulfilling recreation from expensive diversions. These proposals bolster the objection that egalitarians are oblivious to the proper limits of state power and permit coercion of others for merely private ends. Van Parijs suggests that to fairly implement the equal right to get married, when male partners are scarce, every woman should be given an equal tradable share in the pool of eligible bachelors and have to bid for whole partnership rights, thus implementing a transfer of wealth from successful brides to compensate the losers in love. This supports the objection that egalitarianism, in its determination to correct perceived unfairness everywhere, invades our privacy and burdens the personal ties of love and affection that lie at the core of family life.

Back matter: "A welcome attempt to resurrect an older tradition of moral and political reflection and to show its relevance to our current condition." -- John Gray "Cosmopolitanism is... of wide interest-invitingly written and enlivened by personal history... Appiah is wonderfully perceptive and levelheaded about this tangle of issues." -- Thomas Nagel "Elegantly provocative." -- Edward Rothstein "[Appiah's] belief in having conversations across boundaries, and in recognizing our obligations to other human beings, offers a welcome prescription for a world still plagued by fanaticism and intolerance." -- Kofi A. Annan, former United Nations secretary-general "[Appiah's] exhilarating exposition of his philosophy knocks one right off complacent balance... All is conveyed with flashes of iconoclastic humor." -- Nadine Gordimer, winner of the 1991 Nobel Prize in Literature "An attempt to redefine our moral obligations to others based on a very humane and realistic outlook and love of art... I felt like a better person after I read it, and I recommend the same experience to others." -- Orham Pamuk, winner of the 2006 Nobel Prize in Literature.