Diversity Reading List

Abstract: I argue that the death penalty has only limited deterrent effect. It cannot deter three types of offenders: (1) those who do not fear death; (2) those who are not rational and cannot take into consideration the consequences of their actions; (3) those who are confident that they won't be caught. Thus, in order to deter potential murderers, we must consider new ways to deter these three types of offenders.

Abstract: A deterrence theory of punishment holds that the institution of criminal punishment is morally justified because it serves to deter crime. Because the fear of external sanction is an important incentive in crime deterrence, the deterrence theory is often associated with the idea of severe, disproportionate punishment. An objection to this theory holds that hope of escape renders even the severest punishment inapt and irrelevant.This article revisits the concept of deterrence and defend a more plausible deterrence theory of punishment - the wide-scope deterrence theory. The wide-scope theory holds that we must make the best use of all the deterrence tools available, including both external and internal sanctions. Drawing on insights from the early Confucian tradition, the article develops a deep deterrence theory, which holds that the most important deterrence tool involves internal, not external, sanction. It describes how internal sanctions deter potential offenses and why relevant policies need not conflict with liberalism's respect for neutrality.

Publisher's Note: This book undermines privacy scepticism, proving a strong theoretical foundation for many of our everyday and legal privacy claims. Inness argues that intimacy is the core of privacy, including privacy appeals in tort and constitutional law. She explores the myriad of debates and puts forth an intimacy and control-based account of privacy which escapes these criticisms.

Content: Starts with a nice historical discussion of the emergence of the term 'terrorism' and some of the ways that it changed before and after the 9/11 attacks. Jaggar offers a specification of the concept and then her own conception, which can be practiced by governments and international bodies, and then discusses several kinds of conflict in which it may be deployed as a tactic. Here is her definition: "Terrorism is the use of extreme threats or violence designed to intimidate or subjugate governments, groups, or individuals. It is a tactic of coercion intended to promote further ends that in themselves may be good, bad or indifferent. Terrorism may be practiced by governments or international bodies or forces, sub-state groups or even individuals. Its threats or violence are aimed directly or immediately at the bodies or belongings of innocent civilians but these are typically terrorists’ secondary targets; the primary targets of terrorists are the governments, groups or individuals that they wish to intimidate" (2005: 209).

Abstract: I argue that “consent” language presupposes that the contemplated action is or would be at someone else’s behest. When one does something for another reason—for example, when one elects independently to do something, or when one accepts an invitation to do something—it is linguistically inappropriate to describe the actor as “consenting” to it; but it is also inappropriate to describe them as “not consenting” to it. A consequence of this idea is that “consent” is poorly suited to play its canonical central role in contemporary sexual ethics. But this does not mean that nonconsensual sex can be morally permissible. Consent language, I’ll suggest, carries the conventional presupposition that that which is or might be consented to is at someone else’s behest. One implication will be a new kind of support for feminist critiques of consent theory in sexual ethics.

Diversifying Syllabi: Justice requires us to acknowledge the claims of morally or philosophically unreasonable persons, as long as they are politically reasonable; such people must be tolerated and considered part of the social contract. Toleration as wide public justification is the proper response to the pluralism characteristic of modern democratic societies.

Publisher’s Note:

Decolonizing Universalism develops a genuinely anti-imperialist feminism. Against relativism/universalism debates that ask feminists to either reject normativity or reduce feminism to a Western conceit, Khader's nonideal universalism rediscovers the normative core of feminism in opposition to sexist oppression and reimagines the role of moral ideals in transnational feminist praxis.

Publisher's Note: Do you have to think that prostitution is good to support sex worker rights? How do sex worker rights fit with feminist and anti-capitalist politics? Is criminalising clients progressive—and can the police deliver justice? In Revolting Prostitutes, sex workers Juno Mac and Molly Smith bring a fresh perspective to questions that have long been contentious. Speaking from a growing global sex worker rights movement, and situating their argument firmly within wider questions of migration, work, feminism, and resistance to white supremacy, they make clear that anyone committed to working towards justice and freedom should be in support of the sex worker rights movement.

Publisher’s Note: I Am Woman represents my personal struggle with womanhood, culture, traditional spiritual beliefs and political sovereignty, written during a time when that struggle was not over. My original intention was to empower Native women to take to heart their own personal struggle for Native feminist being. The changes made in this second edition of the text do not alter my original intention. It remains my attempt to present a Native woman's sociological perspective on the impacts of colonialism on us, as women, and on my self personally.

Abstract: It is widely conceded by liberals that institutions alone are insufficient to ensure that citizens behave in the ways required for a liberal state to flourish, be stable, or function at all. A popular solution proposes cultivating virtues in order to secure the desired behaviours of citizens, where institutions alone would not suffice. A range of virtues are proposed to fill a variety of purported gaps in the liberal political order. Some appeal to virtues in order to secure state stability; Rawls, for instance, claims that ‘citizens must have a sense of justice and the political virtues that support political and social institutions’ in order to ensure an ‘enduring society’. For Galston, citizens must possess a range of virtues in order for the state to function, including the virtues of courage, independence, tolerance, willingness to engage in public discourse, and law-abidingness.

Introduction: White supremacy is the unnamed political system that has made the modern world what it is today. You will not find this term in introductory, or even advanced, texts in political theory. A standard undergraduate philosophy course will start off with Plato and Aristotle, perhaps say something about Augustine, Aquinas, and Machiavelli, move on to Hobbes, Locke, Mill, and Marx, and then wind up with Rawls and Nozick. It will introduce you to notions of aristocracy, democracy, absolutism, liberalism, representative government, socialism, welfare capitalism, andlibertarianism. But though it covers more than two thousand years of Western political thought and runs the ostensible gamut of political systems, there will be no mention of the basic political system that has shaped the world for the past several hundred years. And this omission is not accidental. Rather, it reflects the fact that standard textbooks and courses have for the most part been written and designed by whites, who take their racial privilege so much for granted that they do not even see it as political, as a form of domination. Ironically, the most important political system of recent global history-the system of domination by which white people have historically ruled over and, in certain important ways, continue to rule over nonwhite people-is not seen as a political system at all. It is just taken for granted; it is the background against which other systems, which we are to see as political are highlighted. This book is an attempt to redirect your vision, to make you see what, in a sense, has been there all along.

Abstract: Recent surveys of the development of feminist ethics over the last three decades have emphasized that the exclusive and unitary focus on 'care' with which it is still sometimes identified has long been misleading. While paying tribute to the historic significance and continuing influence of Carol Gilligan's and Nel Noddings's pathbreaking work (1982; 1984), commentators such as Samantha Brennan, Marilyn Friedman, and Alison Jaggar point to 'the increasing connections between feminist ethics and mainstream moral theory' (Brennan 1999, 859), the 'number of diverse methodological strategies' adopted (Friedman 2000, 211), and the 'controversy and diversity' rather than 'unity' within feminism, marking 'the shift from asserting the radical otherness of feminist ethics to seeing feminist philosophers as making a diverse range of contributions to an ongoing [larger] tradition of ethical discussion' (Jaggar 2000, 452-53). Indeed, Samantha Brennan's 1999 Ethics survey article suggests that there is no 'one' feminist ethic, and that the distinctive features of a feminist approach are simply the perception of the wrongness of women's oppression, and the resulting construction and orientation of theory - based on women's moral experiences - to the goal of understanding and ending that oppression (1999, 860). Obviously, then, this minimalist definition will permit a very broad spectrum of perspectives. In this respect, feminist ethics has interestingly come to converge with feminist political philosophy, which, at least from the 'second wave' onward, also encompassed a wide variety of approaches whose common denominator was simply the goal of ending female subordination (Jaggar 1983; Tong 1998). In this paper, I want to focus on an ethical strategy best and most selfconsciously developed in feminist theory in the writings of Onora O'Neill (1987; 1993), but that can arguably be traced back, at least in implicit and schematic form, to Marxism and classical left theory, and that would certainly be congenial to many people working on race. (I have found it very useful in my own work: Mills 1997; Mills 1998.) I refer to the distinction between idealizing and non?idealizing approaches to ethical theory, and the endorsement of the latter. I will argue that this normative strategy has the virtue of being potentially universalist in its application - able to address many, if not all, of the concerns not only of women, but also of those, men as well as women, subordinated by class, race, and the underdevelopment of the 'South' - and reflecting the distinctive experience of the oppressed while avoiding particularism and relativism. Moreover, in certain respects it engages with mainstream ethics on what are nominally its own terms, thereby (at least in theory) making it somewhat harder to ignore and marginalize. Correspondingly, I will argue that the so?called ideal theory more dominant in mainstream ethics is in crucial respects obfuscatory, and can indeed be thought of as in part ideological, in the pejorative sense of a set of group ideas that reflect, and contribute to perpetuating, illicit group privilege. As O'Neill argues, and as I agree, the best way of realizing the ideal is through the recognition of the importance of theorizing the nonideal.

Publisher's Note: Cheryl Misak presents a history of the great American philosophical tradition of pragmatism, from its inception in the Metaphysical Club of the 1870s to the present day. She identifies two dominant lines of thought in the tradition: the first begins with Charles S. Peirce and Chauncey Wright and continues through to Lewis, Quine, and Sellars; the other begins with William James and continues through to Dewey and Rorty. This ambitious new account identifies the connections between traditional American pragmatism and twentieth-century Anglo-American philosophy, and links pragmatism to major positions in the recent history of philosophy, such as logical empiricism. Misak argues that the most defensible version of pragmatism must be seen and recovered as an important part of the analytic tradition.

Abstract: The Democratic Paradox is a collection of essays by the Belgian political theorist Chantal Mouffe, published in 2000 by Verso Books. The essays offer further discussion of the concept of radical democracy that Mouffe explored in Hegemony and Socialist Strategy, co-authored by Ernesto Laclau.

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".