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.

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.

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.

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: 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.

Abstract: Although informed consent models for prescribing hormone replacement therapy are becoming increasingly prevalent, many physicians continue to require an assessment and referral letter from a mental health professional prior to prescription. Drawing on personal and communal experience, the author argues that assessment and referral requirements are dehumanising and unethical, foregrounding the ways in which these requirements evidence a mistrust of trans people, suppress the diversity of their experiences and sustain an unjustified double standard in contrast to other forms of clinical care. Physicians should abandon this unethical requirement in favour of an informed consent approach to transgender care.

Abstract: This paper seeks to share what Bondage-Domination-Sado-Masochism/Kink might offer to feminist understandings of sexuality, gender and power. It has been written by members of the Kinky Collective, a group that seeks to raise awareness about BDSM in India. The paper addresses four key themes. The first theme relates to the subversion of gender and sexual norms in kink from a feminist lens. It challenges popular notions of BDSM which seem to reflect heteropatriarchy, evoking images of, typically, a cisman dominating a ciswoman, making her submit to his desires. The paper argues that this assumption invisibilises male submissiveness with female dominants as well as queer/same sex kink. Even if a seemingly ‘mainstream’ submissive role is chosen by a woman, it has the capacity to be feminist as roles and dynamics are intentional, discussed, negotiated and consented to by all involved unlike in ‘real life’ where power dynamics are rarely acknowledged. Since kink is solidly in the area of playfulness and experimentation, it also makes for a safe space for gender transgressive persons. The second theme addressed by the paper related to Kink, Feminism and Desire. It argues that kink enables a paradigm shift from consent for harm reduction to consent for enabling pleasure and the exploration of desires. It offers another paradigm shift, away from false consciousness to one that brings to focus on the unconscious. In this third theme of the unconscious, the paper challenges the false binary of sexual fantasies being ‘OK’ vs. ‘not OK’. The unconscious allows for a link between the personal and political such that our politics is less judgmental. Being in that space where our desires seem to collide with our politics might help challenge the overly rational framework of feminism and help us move perhaps from a politics of certainty to a politics of doubt. The fourth theme of the paper relates to the question of Power in Kink. It argues that kink challenges binary notions of powerful and powerfulness because submission is powerful and that it is precisely because the submissive submits that the Dominant can dominate. Using these four subthemes, we argue that kink can contribute to feminist thought and praxis in India.

Abstract: In this paper I argue that the genetic manipulation of sexual orientation at the embryo stage could have a detrimental effect on the subsequent person's later capacity for autonomous agency. By focussing on an example of sexist oppression I show that the norms and expectations expressed with this type of genetic manipulation can threaten the development of autonomous agency and the kind of social environment that makes its exercise likely.

Abstract: In this paper I develop a characterization of disability according to which disability is in no way a sub?optimal feature. I argue, however, that this conception of disability is compatible with the idea that having a disability is, at least in a restricted sense, a harm. I then go on to argue that construing disability in this way avoids many of the common objections leveled at accounts which claim that disability is not a negative feature.

Abstract: Disability rights activists often claim that disability is not - by itself - something that makes disabled people worse off. A popular objection to such a view of disability is this: were it correct, it would make it permissible to cause disability and impermissible to cause nondisability (or impermissible to 'cure' disability, to use the value-laden term). The aim of this article is to show that these twin objections don't succeed.

Publisher’s Note: Bartky draws on the experience of daily life to unmask the many disguises by which intimations of inferiority are visited upon women. She critiques both the male bias of current theory and the debilitating dominion held by notions of "proper femininity" over women and their bodies in patriarchal culture.

Publisher's Note: During the Middle Ages and the Renaissance, women were blamed for having too much passion, imagination and sexual appetite. By the late eighteenth century, however, these qualities had been revalued and appropriated for male artists. The virtues attributed to the Romantic"genius" made him like a woman but not a woman. He belonged to a third, supermale sex. As new and old concepts of woman and genius clashed, there evolved a rhetoric of sexual apartheid which today still affects our perceptions of cultural achievement. Genius from the time of the Greeks has been defined as male. In this study, Christine Battersby traces the history of the concept of genius from ancient Rome to the present day, showing how pagan myths linking divinity with male procreativity have survived into our own time. The author explores the dilemma faced by female creators who have resisted the idea that Art requires "feminine" qualities of mind but male sexual energies. GENDER AND GENIUS argues, against those currently seeking to establish an aesthetics of the "feminine," that a feminist aesthetics must look to the achievements of women artists in the past as well as in the present.

Publisher's Note: Feminist philosophers have made important strides in altering the overwhelmingly male-centric discipline of philosophy. Yet, in Nancy Bauer’s view, most are still content to work within theoretical frameworks that are fundamentally false to human beings’ everyday experiences. This is particularly intolerable for a species of philosophy whose central aspiration is to make the world a less sexist place. How to Do Things with Pornography models a new way to write philosophically about pornography, women’s self-objectification, hook-up culture, and other contemporary phenomena. Unafraid to ask what philosophy contributes to our lives, Bauer argues that the profession’s lack of interest in this question threatens to make its enterprise irrelevant. Bauer criticizes two paradigmatic models of Western philosophizing: the Great Man model, according to which philosophy is the product of rare genius; and the scientistic model, according to which a community of researchers works together to discover once-and-for-all truths. The philosopher’s job is neither to perpetuate the inevitably sexist trope of the philosopher-genius nor to “get things right.” Rather, it is to compete with the Zeitgeist and attract people to the endeavor of reflecting on their settled ways of perceiving and understanding the world. How to Do Things with Pornography boldly enlists J. L. Austin’s How to Do Things with Words, showing that it should be read not as a theory of speech acts but as a revolutionary conception of what philosophers can do in the world with their words.

Abstract: An overview of historical and contemporary Native American concepts of gender, sexuality and sexual orientation. This documentary explores the berdache tradition in Native American culture, in which individuals who embody feminine and masculine qualities act as a conduit between the physical and spiritual world, and because of this are placed in positions of power within the community.

Abstract: In recent years, protesters around the world have been calling for the removal of commemorations honouring those who are, by contemporary standards, generally regarded as seriously morally compromised by their racism. According to one line of thought, leaving racist memorials in place is profoundly disrespectful, and doing so tacitly condones, and perhaps even celebrates, the racism of those honoured and memorialized. The best response is to remove the monuments altogether. In this article, I first argue against a prominent offense-based account of the wrong of simply leaving memorials in place, unaltered, before offering my own account of this wrong. In at least some cases, these memorials wrong insofar as they express and exemplify a morally objectionable attitude of race-based contempt. I go on to argue that the best way of answering this disrespect is through a process of expressively “dehonouring” the subject. Removal of these commemorations is ultimately misguided, in many cases, because removal, by itself, cannot adequately dishonour, and simple removal does not fully answer the ways in which these memorials wrong. I defend a more nuanced approach to answering the wrong posed by these monuments, and I argue that public expressions of contempt through defacement have an ineliminable role to play in an apt dishonouring process.