Diversity Reading List

Abstract: This documentary profiles the tiny Ojibway community of Hollow Water on the shores of Lake Winnipeg as they deal with an epidemic of sexual abuse in their midst. The offenders have left a legacy of denial and pain, addiction and suicide. The Manitoba justice system was unsuccessful in ending the cycle of abuse, so the community of Hollow Water took matters into their own hands. The offenders were brought home to face justice in a community healing and sentencing circle. Based on traditional practices, this unique model of justice reunites families and heals both victims and offenders. The film is a powerful tribute to one community's ability to heal and create change.

Introduction: The social sciences have long had an inferiority complex. Because the social sciences emerged as distinct disciplines after the natural sciences, comparisons between the mature and successful natural sciences and the fledgling social sciences were quickly made. One of the primary concerns that arose was over the role of values in the social sciences. There were several reasons for this. First, the social sciences did not have the clear empirical successes that the natural sciences did in the seventeenth and eighteenth centuries to bolster confidence in their reliability. Some postulated that an undue influence of values on the social sciences contributed to this deficit of empirical success. Second, social sciences such as economics and psychology emerged from their philosophical precursors gradually and often carried with them the clear normative trappings of their disciplinary origins. Third, although formal rules on the treatment of human subjects would not emerge until the second half of the twentieth century, by the time the social sciences emerged, it was obvious there were both ethical and epistemic challenges to experimenting on human subjects and human communities. Controlled settings were (and are) often difficult to achieve (or are unethical to achieve), making clear empirical success even more elusive. Finally, there is the additional com-plication that social sciences invariably study and/or comment upon human values. All of these considerations lent credence to the view that social sciences were inevitably more value-laden, and as a result less reliable, than the natural sciences.

Abstract: This article outlines the issues addressed by feminist philosophy of art, critically surveys major developments in the field, and concludes by considering directions in which the field is moving.

Introduction: The abortion debate rages on. Yet the two most popular positions seem to be clearly mistaken. Conservatives maintain that a human life begins at conception and that therefore abortion must be wrong because it is murder. But not all killings of humans are murders. Most notably, self defense may justify even the killing of an innocent per- son.

Liberals, on the other hand, are just as mistaken in their argument that since a fetus does not become a person until birth, a woman may do whatever she pleases in and to her own body. First, you cannot do as you please with your own body if it affects other people adversely. Second, if a fetus is not a person, that does not imply that you can do to it anything you wish. Animals, for example, are not persons, yet to kill or torture them for no reason at all is wrong.

At the center of the storm has been the issue of just when it is between ovulation and adulthood that a person appears on the scene. Conservatives draw the line at conception, liberals at birth. In this paper I first examine our concept of a person and conclude that no single criterion can capture the concept of a person and no sharp line can be drawn. Next I argue that if a fetus is a person, abortion is still justifiable in many cases; and if a fetus is not a person, killing it is still wrong in many cases. To a large extent, these two solutions are in agreement. I conclude that our concept of a person cannot and need not bear the weight that the abortion controversy has thrust upon it.

Abstract: Amidst signs of declining social capital, the typical workplace is a hotbed of sociability and cooperation. And in a still-segregated society, the workplace is where adults are most likely to interact across color lines. The convergence of close interaction and some racial diversity makes the workplace a crucial institution within a diverse democratic society. Paradoxically, the involuntariness of workplace associations—the compulsion of economic necessity, of managerial authority, and of law—helps to facilitate constructive interaction among diverse co-workers. Where racial diversity is a fact of organizational life (and the law can help to make it so), then employers and workers have their own powerful reasons—psychological and economic—to make those relationships constructive, even amicable. I contend here that it is where we are compelled to get along, and not where we choose to do so, that we can best advance the project of racial integration.

Abstract: Patient competence is an essential element of every doctor-patient relationship. In this paper I provide a case report involving an older Korean man in a Hawaiian hospital who refused treatment on the basis of mistaken facts or beliefs about his doctors and treatment. I discuss the case as it relates to competency and extends it to informed consent, autonomy and paternalism. I suggest and argue firstly, that the older Korean man is not fully competent, and secondly, that if he is not fully competent, then soft and weak paternalism may be justified in his case and in cases similar to his.

Abstract: In her excellent "Feminist Art History and De Facto Significance," for example, aesthetician Susan L. Feagin explains how her initial skepticism about Continental approaches-especially those drawing on Foucault, Marx, Levi-Strauss, Lacan, and "even Derrida and poststructuralist literary theory" - gave way to an appreciation of how these approaches encourage, in a way analytic aesthetics does not, "the trenchant analyses and acute observations that have emerged from feminist art historians" (305). And, indeed, although she goes on to suggest how traditional aesthetics might accommodate feminist and other politically informed analyses, she cautions that "it is too easy to miss the most innovative aspects of another's view if one tries to understand it only in terms of one's own theoretical perspective" (305).(from review by Sally Markowitz, Hypatia Vol. 11, No. 3 (Summer, 1996), pp. 169-172)

Abstract: In this essay, Feigenbaum examines heterosexism as it functions politically and interpersonally in her own experience. She loosely traces her analysis along the current political climate of the bans on same-sex marriages, using this discussion to introduce and illustrate how heterosexual dominance functions. The author aims throughout to clarify what heterosexism looks like "in action," and she moves toward providing steps to recognize, name, interrupt, and counter heterosexist privilege.

Abstract: It is widely held that the current refugee Convention is inadequate with respect to its specification of who counts as a refugee and in its assignment of responsibility concerning refugees to states. At the same time, there is substantial agreement among scholars that the negotiation of a new Convention would lead states to extricate themselves from previously assumed responsibilities rather than sign on to a set of more desirable legal norms. In this paper, I argue that states should ultimately negotiate a new Convention, but that first they must alleviate the institutional and motivational constraints that make progress currently unattainable.

Abstract:

Introduction: One of the reasons why most of us feel puzzled about the problem of abortion is that we want, and do not want, to allow to the unborn child the rights that belong to adults and children. When we think of a baby about to be born it seems absurd to think that the next few minutes or even hours could make so radical a difference to its status; yet as we go back in the life of the foetus we are more and more reluctant to say that this is a human being and must be treated as such. No doubt this is the deepest source of our dilemma, but it is not the only one. For we are also confused about the general question of what we may and may not do where the interests of human beings conflict. We have strong intuitions about certain cases; saying, for instance, that it is all right to raise the level of education in our country, though statistics allow us to predict that a rise in the suicide rate will follow, while it is not all right to kill the feeble-minded to aid cancer research. It is not easy, however, to see the principles involved, and one way of throwing light on the abortion issue will be by setting up parallels involving adults or children once born. So we will be able to isolate the ‘equal rights’ issue and should be able to make some advance.

Abstract: Two assumptions are common in discussions of the paradox of tragedy: (1) that tragic pleasure requires that the work be fictional or, if non-fiction, then non-transparently represented; and (2) that tragic pleasure may be provoked by a wide variety of art forms. In opposition to (1) I argue that certain documentaries could produce tragic pleasure. This is not to say that any sad or painful documentary could do so. In considering which documentaries might be plausible candidates, I further argue, against (2), that the scope of tragic pleasure is limited to works that possess certain thematic and narrative features.

Abstract: Most people believe that it is sometimes morally permissible for a person to use force to defend herself or others against harm. In Defensive Killing, Helen Frowe offers a detailed exploration of when and why the use of such force is permissible. She begins by considering the use of force between individuals, investigating both the circumstances under which an attacker forfeits her right not to be harmed, and the distinct question of when it is all-things-considered permissible to use force against an attacker. Frowe then extends this enquiry to war, defending the view that we should judge the ethics of killing in war by the moral rules that govern killing between individuals. She argues that this requires us to significantly revise our understanding of the moral status of non-combatants in war. Non-combatants who intentionally contribute to an unjust war forfeit their rights not to be harmed, such that they are morally liable to attack by combatants fighting a just war.

Abstract: Publisher: How We Fight: Ethics in War contains ten groundbreaking essays by some of the leading philosophers of war. The essays offer new perspectives on key debates including pacifism, punitive justifications for war, the distribution of risk between combatants and non-combatants, the structure of 'just war theory', and bases of individual liability in war.

Abstract: This paper argues that public statues of persons typically express a positive evaluative attitude towards the subject. It also argues that states have duties to repudiate their own historical wrongdoing, and to condemn other people’s serious wrongdoing. Both duties are incompatible with retaining public statues of people who perpetrated serious rights violations. Hence, a person’s being a serious rights violator is a sufficient condition for a state’s having a duty to remove a public statue of that person. I argue that this applies no less in the case of the ‘morally ambiguous’ wrongdoer, who both accomplishes significant goods and perpetrates serious rights violations. The duty to remove a statue is a defeasible duty: like most duties, it can be defeated by lesser-evil considerations. If removing a statue would, for example, spark a violent riot that would risk unjust harm to lots of people, the duty to remove could be outweighed by the duty not to foreseeably cause unjust harm. This would provide a lesser-evil justification for keeping the statue. But it matters that the duty to remove is outweighed, rather than negated, by these consequences. Unlike when a duty is negated, one still owes something in cases of outweighing. And it especially matters that it is outweighed by the predicted consequences of wrongful behaviour by others.