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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.Feigenbaum, Erika Faith. Heterosexual Privilege: The Political and the Personal2007, Hypatia 22 (1): 1-9.-
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Added by: Rochelle DuFord
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.Comment: This article is a very accessible introduction to the concept of privilege via the debate over the legality of same-sex marriage. It would make a good addition to a course that covers questions about domination, LGBT rights, or same-sex marriage.
Card, Claudia. Gay Divorce: Thoughts on the Legal Regulation of Marriage2007, Hypatia, 22 (1): 24-38.-
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Added by: Rochelle DuFord
Abstract: Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.Comment: This text is very accessible and poses a unique problem for the legal regulation of romantic relationships. This text would fit well in a class that discusses sexual relations, violence, marriage, love, or justice (as Card directly discusses Rawls' Theory of Justice). Further, it would make a nice addition to a course that discusses justice for LGBT persons, as Card argues that there are more pressing legal and political issues that LGBT communities ought to agitate in favor of.
McTernan, Emily. How to Make Citizens Behave: Social Psychology, Liberal Virtues, and Social Norms2014, Journal of Political Philosophy 22(1): 84-104.-
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Added by: Carl Fox
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.Comment: Challenges the relevance of debates about virtue for liberals concerned with stability and argues that they would be better advised to look to social norms for assistance. Raises some interesting questions for proponents of liberalism and does a nice job of envisioning the instrumental potential of social norms for political theorists. Very useful further reading for anyone interested in (or writing on) either stability or social norms.
Gheaus, Anca. Hikers in Flip-Flops: Luck Egalitarianism, Democratic Equality and the Distribuenda of Justice2016, Journal of Applied Philosophy 35 (1):54-69-
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Added by: Carl Fox
Abstract: The article has two aims. First, to show that a version of luck egalitarianism that includes relational goods amongst its distribuenda can, as a matter of internal logic, account for one of the core beliefs of relational egalitarianism. Therefore, there will be important extensional overlap, at the level of domestic justice, between luck egalitarianism and relational egalitarianism. This is an important consideration in assessing the merits of and relationship between the two rival views. Second, to provide some support for including relational goods, including those advocated by relational egalitarianism, on the distribuenda of justice and therefore to put in a good word for the overall plausibility of this conception of justice. I show why relational egalitarians, too, have reason to sympathise with this proposal.Comment: Interesting contribution to the literature on distributive justice. Argues that luck egalitarianism can incorporate a key concern of relational egalitarians, i.e. egalitarian political relationships, as a particular good to be distibuted, thus narrowing the distinction between the views and making it less significant. Would make good further reading for anyone working on the debate between luck and relational egalitarians.
Shelby, Tommie. Justice, Deviance, and the Dark Ghetto2007, Philosophy & Public Affairs 35(2): 126-160.-
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Added by: Helen Morley
Introduction: The problems I will focus on lie in the domain of the theory of justice. Specifically, my concern is to determine what kinds of criticisms of the ghetto poor’s behavior and attitudes are or are not appropriate given that the social circumstances under which they make their life choices are, at least in part, the result of injustice. If the overall social arrangement in which the ghetto poor live is unjust, this requires that we think about what their obligations are quite differently than we should if the society were judged to be just. In particular, I will argue that it is necessary to distinguish the civic obligations citizens have to each other from the natural duties all persons have as moral agents, both of which are affected, though in different ways, by the justness of social arrangements. In addition, among the natural duties all persons possess is the duty to uphold, and to assist in bringing about, just institutions, a political duty that has important, though generally overlooked, consequences for the debate about ghetto poverty.Comment: Focuses on the moral obligations of subject to systemic and long term injustice, using a Rawlsian framework. Enhances a discussion of justice by considering the implications of justice on those treated unjustly.
Patridge, Stephanie. Exclusivism and Evaluation: Art, Erotica and Pornography2013, in Pornographic Art and the Aesthetics of Pornography, ed. by Hans Maes (London: Palgrave Macmillan).-
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Added by: Simon Fokt
Content: Patridge discusses and rejects some of the main arguments for the exclusivist thesis that no pornography can be art: Levinson’s, Mag Uidhir’s, and one based on Rea’s definition of pornography. In doing so, she offers a useful overview of some other arguments already used against those authors. This leads her to conclude that at least some pornography can be art. A normative question follows: should we treat pornography as art? Given the high cultural status of art, and the often unethical nature of pornography, doing so might lead us to promoting unethical attitudes. She finds such treatment too unselective: at least some pornography isn’t morally problematic (and some of it can actually be morally laudable), while much of art, including erotic art, definitely is. But consumption of pornography cannot be taken out of our paternalistic and sexist cultural context. As most pornography is inegalitarian and expresses (and possibly promotes) harmful attitudes towards women, enjoying it constitutes a moral flaw. This is true even if the consumer is never inspired to actually harm women – in those cases enjoyment of pornography constitutes moral obliviousness, a ‘failure of sensitivity and solidarity with the victims of such imagery’ (54) similar to taking enjoyment in racist jokes.Comment: This text offers a good and brief overview of the main points in the art and pornography debate. This makes it a good ‘one-stop-shop’ for classes which do not wish to look at it more closely. Alternatively, it can be used as an introduction to the topic and followed by some more specific papers. It also engages the normative question and offers a discussion of moral issues related to pornography. This will likely prove to be a very interesting point for class discussions.
Kelly, Erin, McPherson, Lionel. On tolerating the unreasonable2001, Journal of Political Philosophy 9(1): 38–55.-
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Added by: Simon Fokt
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.Comment: This text is useful as a commentary or response to the debate about (un)reasonableness and legitimacy sparked by Rawls. More specifically, it offers a distinction between political and philosophical reasonableness, which the authors use to argue against interpreting or developing Rawls's political liberalism in a less tolerant direction. The section on Barbara Herman's 'Pluralism and the Community of Moral Judgment' helpfully distils a major faultline within liberal political philosophy.
Tsai, George. Rational Persuasion as Paternalism2014, Philosophy and Public Affairs 42(1): 78-112.-
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Added by: Carl Fox
Content: Tsai argues that offering another agent reasons can sometimes count as paternalism when it is motivated by distrust of the other's agency, conveys this lack of confidence, and intervenes in the target's sphere of agency.Comment: Best suited as further or specialised reading on paternalism and agency.
Stark, Cynthia A.. Hypothetical Consent and Justification2000, Journal of Philosophy 97 (6): 313-334.-
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Added by: Carl Fox
Introduction: The social-contract tradition in moral and political thought can be loosely characterized as an approach to justification based on the idea of rational agreement. This tradition contains a variety of theories that are put to a number of uses. My exclusive focus here will be contract views that rely upon hypothetical, as opposed to actual, consent. My main objective is to defend hypothetical-consent theories against what I call the standard indictment: the claim that hypothetical consent cannot give rise to obligation. I begin by explaining the standard indictment in more detail; next, I argue that the standard indictment does not apply to moral, as contrasted with, political contractarianism; finally, I argue that, on a certain understanding of the relation between political legitimacy and political obligation, the standard indictment does not count against political contractarianism.Comment: Defends the significance of hypothetical consent as the standard of justification appropriate for establishing moral obligation in a broadly constructivist view. Very useful as specialised or further reading on moral and political obligation.
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Callahan, Joan. Same-Sex Marriage: Why It Matters – At Least for Now
2009, Hypatia 21 (1): 70-80.
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.