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Added by: Simon Fokt
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.Robeyns, Ingrid. Gender and the Metric of Justice2010, in Brighouse, H. & Robeyns, I. Measuring Justice: Primary Goods and Capabilities. Cambridge: Cambridge University Press. 215-236.-
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Added by: Carl Fox
Content: A relatively short but very illuminating discussion of the application of two key metrics (social primary goods and capabilities) to the issue of gender injustice in non-ideal circumstances.Comment: Offers a clear account of gender and what falls under 'gender justice'. Easy to read with some useful exposition but a reader would benefit from some background knowledge. Probably best as a specialised or further reading.
Robeyns, Ingrid, Harry Brighouse. Introduction: Social Primary goods and Capabilities as Metrics of Justice2010, in Brighouse, H. & Robeyns, I. Measuring Justice: Primary Goods and Capabilities. Cambridge: Cambridge University Press. 1-14.-
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Added by: Carl Fox
Content: A very short, but very clear overview of the differences between Rawlsian resourcists and capability theorists over the appropriate metric for distributive justice. It also sets out very nicely and very succinctly the main argumentative strategies employed by both sides in the debate.Comment: Would make good required or further reading in a module on distributive justice, especially in relation to questions about metrics of justice.
Nussbaum, Martha. Objectification1995, Philosophy and Public Affairs 24(4): 249-291.-
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Added by: Simon Fokt
Introduction: Sexual objectification is a familiar concept. Once a relatively technical term in feminist theory, associated in particular with the work of Catharine MacKinnon and Andrea Dworkin, the word "objectification" has by now passed into many people's daily lives. It is common to hear it used to criticize advertisements, films, and other representations, and also to express skepticism about the attitudes and intentions of one person to another, or of oneself to someone else. Generally it is used as a pejorative term, connoting a way of speaking, thinking, and acting that the speaker finds morally or socially objectionable, usually, though not always, in the sexual realm. Thus, Catharine MacKinnon writes of pornography, "Admiration of natural physical beauty becomes objectification. Harmlessness becomes harm."' The portrayal of women "dehumanized as sexual objects, things, or commodities" is, in fact, the first category of pornographic material made actionable under MacKinnon and Dworkin's proposed Minneapolis ordinance.2 The same sort of pejorative use is very common in ordinary social discussions of people and events.Comment: Seminal paper distinguishing seven features of sexual objectification. An excellent introduction to any class on feminism.
Nussbaum, Martha. Sex and Social Justice1999, Oxford University Press.-
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Back matter: What does it mean to respect the dignity of a human being? What sort of support do human capacities demand from the world, and how should we think about this support when we encounter differences of gender or sexuality? How should we think about each other across divisions that a legacy of injustice has created? In Sex and Social Justice, Martha Nussbaum delves into these questions and emerges with a distinctive conception of feminism that links feminist inquiry closely to the important progress that has been made during the past few decades in articulating theories of both national and global justice. Growing out of Nussbaum's years of work with an international development agency connected with the United Nations, this collection charts a feminism that is deeply concerned with the urgent needs of women who live in hunger and illiteracy, or under unequal legal systems. Offering an internationalism informed by development economics and empirical detail, many essays take their start from the experiences of women in developing countries. Nussbaum argues for a universal account of human capacity and need, while emphasizing the essential role of knowledge of local circumstance. Further chapters take on the pursuit of social justice in the sexual sphere, exploring the issue of equal rights for lesbians and gay men. Nussbaum's arguments are shaped by her work on Aristotle and the Stoics and by the modern liberal thinkers Kant and Mill. She contends that the liberal tradition of political thought holds rich resources for addressing violations of human dignity on the grounds of sex or sexuality, provided the tradition transforms itself by responsiveness to arguments concerning the social shaping of preferences and desires. She challenges liberalism to extend its tradition of equal concern to women, always keeping both agency and choice as goals. With great perception, she combines her radical feminist critique of sex relations with an interest in the possibilities of trust, sympathy, and understanding. Sex and Social Justice will interest a wide readership because of the public importance of the topics Nussbaum addresses and the generous insight she shows in dealing with these issues. Brought together for this timely collection, these essays, extensively revised where previously published, offer incisive political reflections by one of our most important living philosophers.Comment: Chapter 'Judging Other Cultures: The Case of Genital Mutilation' can be particularly useful in illustrating the debate on universality vs relativity of ethical norms and values, and in discussing the legitimacy of imposing cultural norms of one culture upon another.
Nussbaum, Martha. Hiding from Humanity: Disgust, Shame, and the Law2004, Princeton University Press.-
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Back matter: "Should laws about sex and pornography be based on social conventions about what is disgusting? Should felons be required to display bumper stickers or wear T-shirts that announce their crimes? This powerful and elegantly written book, by one of America's most influential philosophers, presents a critique of the role that shame and disgust play in our individual and social lives and, in particular, in the law. Martha Nussbaum argues that we should be wary of these emotions because they are associated in troubling ways with a desire to hide from our humanity, embodying an unrealistic and sometimes pathological wish to be invulnerable. Nussbaum argues that the thought-content of disgust embodies ""magical ideas of contamination, and impossible aspirations to purity that are just not in line with human life as we know it."" She argues that disgust should never be the basis for criminalizing an act, or play either the aggravating or the mitigating role in criminal law it currently does. She writes that we should be similarly suspicious of what she calls ""primitive shame,"" a shame ""at the very fact of human imperfection,"" and she is harshly critical of the role that such shame plays in certain punishments. Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references--from Aristotle and Freud to Nazi ideas about purity--and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading case, this is a major work of legal and moral philosophy".Comment: Particularly useful for teaching on the non-rational motivators of moral reasoning and justifications of punishment, and on how emotions can be misleading and unreliable as a guide for law and ethics.
Stark, Cynthia A.. How to Include the Severly Disabled in a Contractarian Theory of Justice2007, Journal of Political Philosophy 15 (2): 127-145.-
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Added by: Carl Fox
Content: Modifies and then defends a Rawlsian theory of justice from the charge that it cannot adequately account for the claims of severely disabled individuals who cannot participate fully in schemes of cooperation.Comment: Best suited as specialised or further reading on disability and Rawlsian theories of justice.
Brake, Elizabeth. Rawls and Feminism: What Should Feminists Make of Liberal Neutrality?2004, Journal of Moral Philosophy 1 (3):293-309.-
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Added by: Carl Fox
Abstract: I argue that Rawls’s liberalism is compatible with feminist goals. I focus primarily on the issue of liberal neutrality, a topic suggested by the work of Catharine MacKinnon. I discuss two kinds of neutrality: neutrality at the level of justifying liberalism itself, and state neutrality in political decision-making. Both kinds are contentious within liberal theory. Rawls’s argument for justice as fairness has been criticized for non-neutrality at the justificatory level, a problem noted by Rawls himself in Political Liberalism. I will defend a qualified account of neutrality at the justificatory level, taking an epistemic approach to argue for the exclusion of certain doctrines from the justificatory process. I then argue that the justification process I describe offers a justificatory stance supportive of the feminist rejection of state-sponsored gender hierarchy. Further, I argue that liberal neutrality at the level of political decision-making will have surprising implications for gender equality. Once the extent of the state’s involvement in the apparently private spheres of family and civil society is recognized, and the disproportionate influence of a sexist conception of the good on those structures—and concomitant promotion of that ideal—is seen, state neutrality implies substantive change. While—as Susan Moller Okin avowed—Rawls himself may have remained ambiguous on how to address gender inequality, his theory implies that the state must seek to create substantive, not merely formal, equality. I suggest that those substantive changes will not conflict with liberal neutrality but instead be required by it.Comment: A sympathetic treatment of Rawls's Political Liberalism from a feminist perspective. It introduces the alleged clash between liberalism and feminism in a clear way and goes on to argue that (political) liberalism's commitment to substantive rather than merely formal equality makes it compatible with core feminist concerns.
Brownlee, Kimberley. Conscience and Conviction: The Case for Civil Disobedience2012, Oxford: Oxford University Press.-
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Added by: Carl FoxPublisher’s Note:
This book shows that civil disobedience is more defensible than private conscientious objection. Part I distinguishes conviction from conscience, shedding light on the former as something non-evasive and communicative, and on the latter as something much richer, namely, genuine moral responsiveness. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private ‘conscientious’ objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished.
Comment: An original approach to the morality of civil disobedience and the question of what protections should be enshrined in law for adherence to the dictates of one's conscience. Particularly interesting because the author argues that a stronger case can be made for permitting and protecting public civil disobedience than can be made for private conscientious objection. This text would be useful in a variety of teaching contexts. For example, a high-level undergraduate or master's level course on activism and resistance might utilise Part I to explore the specifically moral arguments defending civil disobedience, while philosophy of law courses might focus on the legal arguments in Part II. For a reading group or lower-level undergraduate courses, the introduction defines basic terms and offers a more entry-level discussion of the traditional liberal view of civil disobedience.
Anderson, Elizabeth. Justifying the Capabilities Approach to Justice2010, in Brighouse, H. & Robeyns, I. (Eds.) Measuring Justice: Primary Goods and Capabilities. Cambridge: Cambridge University Press. 81-100.-
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Added by: Carl Fox
Summary: Thomas Pogge (2002a) has recently criticized the capabilities approach to justice, questioning its ability to specify a plausible criterion of distributive justice that avoids stigmatizing the naturally less well-endowed. In this essay, I defend the capabilities approach against Pogge's critique, and explain why it is superior to its main rivals, subjective and resourcist approaches. A capability metric is superior to any subjective metric because only an objective metric, such as capability, can satisfy the demand for a public criterion of justice for the basic structure of society. It is superior to a resource metric because it focuses on ends rather than means, can better handle discrimination against the disabled, is properly sensitive to individual variations in functioning that have democratic import, and is well-suited to guide the just delivery of public services, especially in health and education.
Comment: A defense of the capability approach as a superior (objective) metric of justice with a particular focus on ends vs. means, discrimination against the disabled, individual variations in functioning, and the delivery of public services such as health and education. Contains a useful overview of the capabilities approach and where it fits into a complete theory of justice. Compares and contrasts the CA with a resourcist approach.
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Barclay, Linda. Genetic Engineering and Autonomous Agency
2003, Journal of applied philosophy 20(3): 223–236.
Comment: Useful mainly in the context of (the limitations of) reproductive rights and as a further reading on the ethics of genetic engineering and human enhancement.