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Added by: Rochelle DuFord
Abstract: In this essay I analyze some conceptual difficulties associated with the demand that global institutions be made more democratically accountable. In the absence of a world state, it may seem inconsistent to insist that global institutions be accountable to all those subject to their decisions while also insisting that the members of these institutions, as representatives of states, simultaneously remain accountable to the citizens of their own countries for the special responsibilities they have towards them. This difficulty seems insurmountable in light of the widespread acceptance of a state-centric conception of human rights, according to which states and only states bear primary responsibility for the protection of their citizens' rights. Against this conception, I argue that in light of the current structures of global governance the monistic ascription of human rights obligations to states is no longer plausible. Under current conditions, states are bound to fail in their ability to protect the human rights of their citizens whenever potential violations either stem from transnational regulations or are perpetrated by non-state actors. In order to show the plausibility of an alternative, pluralist conception of human rights obligations I turn to the current debate among scholars of international law regarding the human rights obligations of non-state actors. I document the various ways in which these obligations could be legally entrenched in global financial institutions such as the WTO, the IMF and the World Bank. These examples indicate feasible methods for strengthening the democratic accountability of these institutions while also respecting the accountability that participating member states owe to their own citizens. I conclude that, once the distinctions between the obligations to respect, protect and fulfill human rights are taken into account, no conceptual difficulty remains in holding states and non-state actors accountable for their respective human rights obligations.Steinbock, Bonnie. The Logical Case for “Wrongful Life”1986, The Hastings Center Report 16 (2): 15-20.-
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Added by: Rochelle DuFord
Summary: In this article, Steinbock solves the logical problem with torts based on wrongful life. She argues that a wrongful life suit need not show that it would have been better for the infant to have never been born, but merely that the infant is impaired to such a degree that the infant has no capacity for fulfilling even very basic human interests. She claims that this criteria is capable of serving as the basis for a tort claim concerning the recovery of extraordinary medical care and specialized training.Comment: This journal article would be a good addition to a course on medical ethics that covered some legal questions or questions about serverely impaired infants. Steinbock presents overviews of a number of wrongful life suits brought in the United States and provides a philosophical analysis of the possibility of the harm of being born.
Steinbock, Bonnie. Speciesism and the Idea of Equality1978, Philosophy 53 (204): 247-256.-
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Added by: Rochelle DuFord
Abstract: Most of us believe that we are entitled to treat members of other species in ways which would be considered wrong if inflicted on members of our own species. We kill them for food, keep them confined, use them in painful experiments. The moral philosopher has to ask what relevant difference justifies this difference in treatment. A look at this question will lead us to re-examine the distinctions which we have assumed make a moral difference.Comment: This journal article is a response to Peter Singer's Animal Liberation, though you need not have read Animal Liberation in order to understand this article, as Steinbock provides a clear overview of Singer's main claims. The text would be useful for rebutting Singer's arguments in a course on animal ethics or environmental ethics. It would also be of use in a course on moral theory that involved questions of moral consideration or moral equality.
Gruen, Lori. Ethics and Animals: An Introduction2011, Cambridge: Cambridge University Press.-
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Added by: Rochelle DuFord
Back Matter: In this fresh and comprehensive introduction to animal ethics, Lori Gruen weaves together poignant and provocative case studies with discussions of ethical theory, urging readers to engage critically and empathetically reflect on our treatment of other animals. In clear and accessible language, Gruen provides a survey of the issues central to human-animal relations and a reasoned new perspective on current key debates in the field. She analyses and explains a range of theoretical positions and poses challenging questions that directly encourage readers to hone their ethical reasoning skills and to develop a defensible position about their own practices. Her book will be an invaluable resource for students in a wide range of disciplines including ethics, environmental studies, veterinary science, women's studies, and the emerging field of animal studies and is an engaging account of the subject for general readers with no prior background in philosophy.Comment: This book is a comprehensive introduction to ethical problems involving non-human animals. It could be the main text for a course on animal ethics, but would also make a nice addition to a unit of a course on environmental ethics or contemporary ethical problems.
Conly, Sarah. One Child: Do We Have a Right to More?2016, Oxford: Oxford University Press.-
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Added by: Rochelle DuFord
Summary: A compelling argument for the morality of limitations on procreation in lessening the harmful environmental effects of unchecked population. We live in a world where a burgeoning global population has started to have a major and destructive environmental impact. The results, including climate change and the struggle for limited resources, appear to be inevitable aspects of a difficult future. Mandatory population control might be a possible last resort to combat this problem, but is also a potentially immoral and undesirable violation of human rights. Since so many view procreation as an essential component of the right to personal happiness and autonomy, the dominant view remains that the government does not have the right to impose these restrictions on its own citizens, for the sake of future people who have yet to exist. Sarah Conly is first to make the contentious argument that not only is it wrong to have more than one child in the face of such concerns, we do not even retain the right to do so. In One Child, Conly argues that autonomy and personal rights are not unlimited, especially if one's body may cause harm to anyone, and that the government has a moral obligation to protect both current and future citizens. Conly gives readers a thought-provoking and accessible exposure to the problem of population growth and develops a credible view of what our moral obligations really are, to generations present and future.Comment: This book would be an excellent resource for an upper-division course on population ethics, ethcs of reproduction, autonomy, or human rights. It would also serves as a good overview of positions in population ethics or as a supplement to a class on environmental ethics and future generations.
Warren, Karen J.. Ecofeminist Philosophy: A Western Perspective on What It Is and Why It Matters2000, New York: Rowman & Littlefield.-
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Added by: Rochelle DuFord
Summary: A philosophical exploration of the nature, scope, and significance of ecofeminist theory and practice. This book presents the key issues, concepts, and arguments which motivate and sustain ecofeminism from a western philosophical perspective. Back Matter: How are the unjustified dominations of women and other humans connected to the unjustified domination of animals and nonhuman nature? What are the characteristics of oppressive conceptual frameworks and systems of unjustified domination? How does an ecofeminist perspective help one understand issues of environmental and social justice? In this important new work, Karen J. Warren answers these and other questions from a Western perspective. Warren looks at the variety of positions in ecofeminism, the distinctive nature of ecofeminist philosophy, ecofeminism as an ecological position, and other aspects of the movement to reveal its significance to both understanding and creatively changing patriarchal (and other) systems of unjustified domination.Comment: This book serves as a comprehensive introduction to ecofeminist philosophy. The introductory chapter (1), the chapter on vegetarianism (6), and the chapter on the Land Ethic (7) make excellent stand alone readings in an introductory course on Environmental Ethics.
Roberts, Rodney C.. The Counterfactual Conception of Compensation2006, Metaphilosophy, 37 (3-4): 414-428.-
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Added by: Rochelle DuFord
Abstract: My aim in this essay is to remove some of the rubbish that lies in the way of an appropriate understanding of rectificatory compensation, by arguing for the rejection of the counterfactual conception of compensation. Although there is a significant extent to which contemporary theorists have relied upon this idea, the counterfactual conception of compensation is merely a popular assumption, having no positive argument in support of it. Moreover, it can make rendering compensation impossible, and absurd notions of compensation can result from its use, results that may themselves constitute injustices. This latter difficulty is most troubling when the CCC is employed in large compensatory cases like the case of rectificatory compensation for the descendants of American slaves. I want to suggest that, taken together, the difficulties with the CCC yield sufficient reason for rejecting it as an acceptable rectificatory notion.Comment: This text presents an interesting and accessible discussion of the counterfactual conception of compensation (most famously presented by Nozick, though one need not have read Nozick to understand this text) as a matter of rectificatory justice. It would be of use in courses concerning schemes or principles of distributive and rectificatory justice. As the text analyzes the justification for reparations to the decendents of African slaves in the U.S., it would also be of use in a course that covers questions of reparations for historical injustices (perhaps alongside Coates' well known "The Case for Reparations").
Roberts, Rodney C.. The American Value of Fear and the Indefinite Detention of Terrorist Suspects2007, Public Affairs Quarterly, 21 (4): 405-419.-
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Added by: Rochelle DuFord
Summary: This paper develops the claim that indefinite detention (as used by the U.S. following the attacks on September 11, 2001) is justfied by an appeal to racialized fear. Roberts argues that the indefinite detention of suspected terrorists is both immoral and unjust--claiming that arguments in favor of it (such as the interest in interrogation, the consequentialist justification, and the preventative detention argument) fail to ground the permissibility of indefinite detention.Comment: This text would be of use in a course discussing the ethics of war, criminal justice ethics, or the idea of terrorism. It presents a clear discussion, in an accessible way, of a number of arguments in favor of indefinite detention, ultimately arguing that such defenses are insufficient to ground its moral permissibility.
Oshana, Mariana. Autonomy and the Partial-Birth Abortion Act2011, Journal of Social Philosophy, 42 (1): 46-60.-
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Added by: Rochelle DuFord
Summary: In this paper, Oshana argues that the U.S. Supreme Court's decision to affirm the Partial-Birth Abortion Act was mistaken. She claims that the Partial-Birth Abortion Act cannot withstand the test of strict scrutiny, that the Act fails to respect the privacy rights of individuals, and that there are compelling reasons (based in autonomy) to allow partial-birth abortion up until the point of fetal viability. As such, she claims, the Act violates the integrity of law.Comment: This text would be excellent to use in a course focused on abortion, any course that covers the suite of U.S. Supreme Court cases involving the right to privacy, or a course that wishes to discuss and apply the doctrine of strict scrutiny. While it requires a significant amount of background knowledge (concerning the legislative history on abortion in the United States), it provides an excellent example of applying both the principle of autonomy and the principle of strict scrutiny.
Etieyibo, Edwin. The Case of Competancy and Informed Consent2013, Journal of Clinical Research and Bioethics, 4 (2): 1-4.-
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Added by: Rochelle DuFord
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.Comment: This text presents an introduction to the relationship between competance, informed consent, and autonomy in medical contexts through the use of a case study. As such, it would be a good text for an introductory course in health care ethics or biomedical ethics within a unit on autonomy or culturally-specific applications of medical ethical principles.
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Lafont, Christina. Accountability and Global Governance: Challenging the State-Centric Conception of Human Rights
2010, Ethics and Global Politics 3 (3): 193-215.
Comment: This journal article would fit well within a course that considers the political and legal aspects of human rights. It would also be useful in a course on global justice or global democracy. It will be of particular interest to advanced undergraduates and graduate students interested in non-state actors and human rights.