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Added by: Rochelle DuFord
Abstract: Informed consent is increasingly heralded as an ethical panacea, a tool to counter autocratic and paternalistic medical practices. Debate about the implementation of informed consent is constricted and polarised, centring on the right of individuals to be fully informed and to freely choose versus an autocratic, paternalistic practice that negates individual choice. A bioethical framework, based on a principle-led form of reductive/deductive reasoning, dominates the current model of informed consent. Such a model tends to abstract the process of consent from its clinical and social setting. By fleshing out the social process involved when patients and healthy volunteer subjects consent to take part in clinical drug trials, this paper attempts to address the problem arising from the current 'empty ethics' model. My arguments are substantiated by qualitative interview data drawn from a study I conducted on the process of consent as experienced by participants in clinical drug trials.Cassidy, Lisa. Starving Children in Africa: Who Cares?2005, Journal of International Women's Studies 7 (1): 84-96.-
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Added by: Rochelle DuFord
Abstract: The current state of global poverty presents citizens in the Global North with a moral crisis: Do we care? In this essay, I examine two competing moral accounts of why those in the North should or should not give care (in the form of charity) to impoverished peoples in the Global South. Nineteen years ago feminist philosopher Nel Noddings wrote in Caring that 'we are not obliged to care for starving children in Africa' (1986, p. 86). Noddings's work belongs to the arena of care ethics - the feminist philosophical view that morality is about responding to, caring for, and preventing harm to those particular people to whom one has emotional attachments. By contrast, Peter Singer's recent work, One World, advances an impartialist view of morality, which demands that we dispassionately dispense aid to the most needy (2002, p.154). Thus this question needs answering: am I obliged to give care to desperately poor strangers, and if so, which moral framework (Singer's impartialism, or feminism's care ethics) gives the best account of that obligation? I argue that as an American feminist I should care for Africans with whom I will never have a personal relationship. However, this obligation can be generated without relying on the impartialist understanding of morality.Comment: This text responds to Peter Singer and Ned Noddings on the question of global poverty (though, one need not have read either previously as she provides an overview). It would be useful in a course that focused on questions of economic justice, poverty, care ethics, or charity.
Callahan, Joan. Same-Sex Marriage: Why It Matters – At Least for Now2009, Hypatia 21 (1): 70-80.-
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Added by: Rochelle DuFord
Abstract: This paper addresses the progressive, feminist critique of same-sex marriage as articulated by Claudia Card. Although agreeing with Card that the institution of marriageas we know it is profoundly morally flawed in its origins and effects, Callahan disagrees with Card's suggestion that queer activists in the United States should not be working for the inclusion of same-sex couples in the institution.Comment: This article is an excellent rejoinder to Card's "Gay Divorce: Thoughts on the Legal Regulation of Marriage." (She directly addresses the Card text, so it should not be read without first reading the Card.) It would be a good addition to a course that covers same-sex marriage, social justice, or contemporary ethical problems.
Garcia, Jorge L. A.. Health versus Harm: Euthanasia and Physicians’ Duties2007, Journal of Medicine and Philsophy, 31 (1): 7-24.-
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Added by: Rochelle DuFord
Abstract: This essay rebuts Gary Seay's efforts to show that committing euthanasia need not conflict with a physician's professional duties. First, I try to show how his misunderstanding of the correlativity of rights and duties and his discussion of the foundation of moral rights undermine his case. Second, I show aspects of physicians' professional duties that clash with euthanasia, and that attempts to avoid this clash lead to absurdities. For professional duties are best understood as deriving from professional virtues and the commitments and purposes with which the professional as such ought to act, and there is no plausible way in which her death can be seen as advancing the patient's medical welfare. Third, I argue against Prof. Seay's assumption that apparent conflicts among professional duties must be resolved through 'balancing' and argue that, while the physician's duty to extend life is continuous with her duty to protect health, any duty to relieve pain is subordinate to these. Finally, I show that what is morally determinative here, as throughout the moral life, is the agent's intention and that Prof. Seay's implicitly preferred consequentialism threatens not only to distort moral thinking but would altogether undermine the medical (and any other) profession and its internal ethics.Comment: This text will mostly be of use to advanced students (or courses) focusing on the ethics of physician assisted suicide or euthanasia. It presents a detailed rebuttal to Seay's "Euthanasia and Physicians' Moral Duties," so it will be of most use to students who have read Seay's text or are deeply familiar with defenses of euthanasia based in consequentialist moral reasoning.
Reid, Heather. Introduction to the Philosophy of Sport2012, Lanham: Rowman & Littlefield Publishers.-
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Added by: Rochelle DuFord
Back Matter: This comprehensive text examines the history, significance, and philosophical dimensions of sport. Introduction to the Philosophy of Sport is organized to reflect the traditional division of philosophy into metaphysical, ethical, and sociopolitical issues, while incorporating specific concerns of today's athletic world, such as cheating, doping, and Title IX, where they are applicable. This approach provides students with a basic understanding of the philosophy of sport as a whole and better equips them to investigate specific issues. Introduction to the Philosophy of Sport is not only an outline of the discipline and a summary of much of its pioneering work, but also an invitation for students to join the conversation by connecting it to their own athletic experience.Comment: This text is a comprehensive introduction to the philosophy of sport, covering metaphysical, ethical, and political aspects of sport. Reid incorporates both Eastern and Western philosophy to provide a nuanced picture of the philosophy of sport. The text is structured in such a way that one could format a philosophy of sport course around its chapters.
Guenther, Lisa. Solitary Confinement: Social Death and its Afterlives2013, Minneapolis: University of Minnesota Press.-
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Added by: Rochelle DuFord
Abstract: Prolonged solitary confinement has become a widespread and standard practice in U.S. prisons - even though it consistently drives healthy prisoners insane, makes the mentally ill sicker, and, according to the testimony of prisoners, threatens to reduce life to a living death. In this profoundly important and original book, Lisa Guenther examines the death-in-life experience of solitary confinement in America from the early nineteenth century to today's supermax prisons. Documenting how solitary confinement undermines prisoners' sense of identity and their ability to understand the world, Guenther demonstrates the real effects of forcibly isolating a person for weeks, months, or years. -/- Drawing on the testimony of prisoners and the work of philosophers and social activists from Edmund Husserl and Maurice Merleau-Ponty to Frantz Fanon and Angela Davis, the author defines solitary confinement as a kind of social death. It argues that isolation exposes the relational structure of being by showing what happens when that structure is abused - when prisoners are deprived of the concrete relations with others on which our existence as sense-making creatures depends. Solitary confinement is beyond a form of racial or political violence; it is an assault on being.Comment: This text serves as both a clear introduction to the history of punishment and imprisonment in the United States, as well as a clear introduction to phenomenological method. Portions of the text on the experience of social death in solitary confinement would make excellent additions to introductory courses on prisons and punishment. Some chapters would also be fitting on classes concerning race and mass incarceration.
Barnes, Elizabeth. Valuing Disability, Causing Disability2014, Ethics, 125 (1): 88-113.-
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Added by: Rochelle DuFord
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.Comment: This text intervenes in the debate over whether disability, itself, makes someone worse off (the mere-disability/bad-disability debate). It could serve as a clear introduction to the sorts of arguments that support the view that disability is a bad-making feature of someone's life, and contains easily understood counter-examples to that view. It has a place in a course covering disability, impairment, bioethics, autonomy, and social minorities.
Darby, Derrick. Adequacy, Inequality, and Cash for Grades2011, Theory and Research in Eduation 9 (3): 209-232.-
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Added by: Rochelle DuFord
Abstract: Some political philosophers have recently argued that providing K-12 students with an adequate education suffices for social justice in education provided that the threshold of educational adequacy is properly understood. Others have argued that adequacy is insufficient for social justice. In this article I side with the latter group. I extend this debate to racial inequality in education by considering the controversial practice of paying students cash for grades to close the racial achievement gap. I then argue that framing the demand for racial justice in education solely in terms of educational adequacy leaves us unable to take issue with the cash for grades policy as a matter of principle. While this does not entail that educational adequacy is unimportant, it adds to the general case for why adequacy does not suffice for social justice.Comment: This text is a good rejoinder to Anderson and Satz's arguments concerning the shift from a focus on providing an equal education to an adequate education. Though it could be read in absence of those texts, it requires a familiarity with the idea of sufficientarianism - and so should probably be read after Anderson's "Fair Opportunity in Education: A Democratic Equality Perspective." It would have a place in a course concerning egalitarianism in education, racial justice, or education and democracy.
Pineau, Lois. Date Rape: A Feminist Analysis1989, Law and Philosophy 8 (2): 217-243.-
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Added by: Rochelle DuFord
Abstract: This paper shows how the mythology surrounding rape enters into a criterion of reasonableness which operates through the legal system to make women vulnerable to unscrupulous victimization. It explores the possibility for changes in legal procedures and presumptions that would better serve women's interests and leave them less vulnerable to sexual violence. This requires that we reformulate the criterion of consent in terms of what is reasonable from a woman's point of view.Comment: This text provides an overview of the the legal status of "date rape" in the US. It would fit well in a class covering the idea of mens rea and/or actus reus - such as a class on philosophy of law. It would also be of use in a class covering the concept of consent, rape and sexual violence, or the meaning of being 'reasonable.'
O'Neill, Onora. Medical and Scientific Uses of Human Tissue1996, Journal of Medical Ethics 22: 5-7.-
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Added by: Rochelle DuFord
Abstract: Inevitably a policy-oriented report on issues as complex and as rapidly changing as the medical and scientific uses of human tissue can achieve neither philosophical purity nor regulatory completeness. The council's strategy has been to begin with robust ethical principles, for which sound philosophical arguments can be given, which will (it is hoped) command widespread support. The council went on to argue for guidelines of sufficient, but not vapid, generality which could be of practical use to the various medical intermediaries, professional and regulatory bodies and research ethics committees which will carry out the tasks of detailed regulation and of making decisions that affect uses of human tissue. The council's hope is that the recommendations of the report can be absorbed into regulatory and professional practice, and where needed into government policy. If they can, the increasing diversity of uses of human tissues need lead neither to overt nor to covert 'commercialisation of the human body', but will also not put unnecessary restrictions on advances in research and medical practice.Comment: This text provides a quick introduction to, and overview of, ethical positions concerning the use of human tissue in scientific and medical research (including utilitarianism, rights, property rights, and dignity). It would be an excellent reading for introducing a unit on research concerning human tissue in a bioethics or medical ethics course. It would make sense to teach it as a framework for understanding moral and policy issues involved in the case of Henrietta Lacks or HeLa cells.
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Corrigan, Oonagh. Empty Ethics: The Problem with Informed Consent
2003, Sociology of Health & Illness, 25 (3): 768-792.
Comment: This text is a clear critique of the use of informed consent as a medical-ethical panacea (it could be taught alongside O'neill's "Paternalism and Partial Autonomy" for a more accessible and applied look at the problem of informed consent). It would be useful as a contrast at the end of a unit on informed consent for medical treatment or a unit on clinical research ethics. It is especially good for use in a biomedical ethics or research ethics course aimed at students interested in the health professions.