Diversity Reading List

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.

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.

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: Because it embraces a domain that is invincibly pluralistic and dynamic, aesthetic theory can serve as a model for feminist theory. Feminist theory, which takes gender as a constituted point of departure, pluralizes theory, thereby challenging its unicity. This anomalous approach to theory is also implicit in conventional aesthetics, which has for that reason been spurned by centrist philosophy. Whilst aesthetics therefore merits attention from feminists, there is reason to be wary of such classic aesthetic doctrines as the the thesis that art is "autonomous" and properly percevied "disinterestedly". That belief has roots in somatophobic dualism which ultimately leads to consequences as negative for art and the aesthetic as for women. Feminists rightly join with other critics of traditional dominative dualisms; yet they can learn from the expansive tendency in aesthetics toward openness and self-reflexive innovation.

Introduction: There has been considerable discussion of the moral status of early fetuses and the ethics of the choice whether to abort a pregnancy. But one tenable view about the moral status of early fetuses has been regularly ignored. As a consequence, a very liberal view about the ethics of abortion is more attractive than has previously been thought. Let us use the term 'early fetus' as follows: (1) 'early fetus': a fetus before it has any intrinsic properties that themselves confer moral status on the fetus. I assume that there is a nonnegligible period of time in which fetuses are early fetuses in my sense; it may be as short as a few weeks or as long as several months, depending on which intrinsic properties can them- selves confer moral status. One plausible view says that an early fetus is a fetus before it has any conscious experience and before it can properly be described as the subject of experience.

Abstract: In this paper it is argued that contemporary conceptualisation of rape obscure the real but often unexamined connections between racism and sexual assault. Indeed, women of color are more likely to be victimised by sexual assault than white women. They are also less likely to report their assault, less likely to be believed and less likely to participate in the anti rape movement. This suggests that the racial factor should be involved in any discussion on sexual assault.

Abstract: Different strands of thought that arise out of political movements are often difficult to categorize and also often answer to many names. The 'difference approach' to feminism is discussed here, following Haslanger and Hackett. This approach is sometimes also called radical, cultural, or gynocentric feminism.

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Abstract: This article challenges the conventional view that Confucianism has no place for the value of equality by shifting the focus from direct justification of equality (Why equality?) to concerns about actual social and political problems (Which inequalities are objectionable?). From this perspective, early Confucian texts endorse some inequalities, in particular those based on virtue, while objecting to others, especially socioeconomic inequalities. Confucians do not consider equality or inequality as inherently valuable, but evaluate them in relation to issues of good government.

Abstract: Confucian resources for moral discourse and public policy concerning abortion have potential to broaden the prevailing forms of debate in Western societies. However, what form a Confucian contribution might take is itself debatable. This essay provides a critique of Philip J. Ivanhoe's recent proposal for a Confucian account of abortion. I contend that Ivanhoe's approach is neither particularly Confucian, nor viable as effective and humane public policy. Affirmatively, I argue that a Confucian approach to abortion will assiduously root moral consideration and public policy in evidence-based strategies that recognize the complexity of the phenomena of unplanned pregnancy and abortion. What most distinguishes a Confucian approach, I argue, is a refusal to treat abortion as a moral dilemma that stands free of the myriad social conditions and societal inequities in which empirical evidence shows it situates.

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.