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Added by: Rochelle DuFord
Abstract: It is widely held that the current refugee Convention is inadequate with respect to its specification of who counts as a refugee and in its assignment of responsibility concerning refugees to states. At the same time, there is substantial agreement among scholars that the negotiation of a new Convention would lead states to extricate themselves from previously assumed responsibilities rather than sign on to a set of more desirable legal norms. In this paper, I argue that states should ultimately negotiate a new Convention, but that first they must alleviate the institutional and motivational constraints that make progress currently unattainable.Korsgaard, Christine M.. Facing the Animal You See in the Mirror2009, The Harvard Review of Philosophy 16(1): 4-9.-
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Added by: Rochelle DuFord
Introduction: What does it mean to be an animal? About 600 million years ago, certain organic life forms on this planet began to wake up, and to become aware of their surroundings. They found themselves to be hungry, and to be the target of unwelcome interest on the part of others who were hungry. And for both of these reasons, they had to work to take care of themselves. To prod them to do that, nature made many of them capable of pain, and of terror. But some of them were also capable of the opposite feelings of pleasure and security. And out of these various feelings grew feelings of interest and boredom, of grief and joy, of family attachment and hostility to outsiders. These life forms are constructed in such a way that they cannot help but struggle to stay alive, and perhaps even to care about their lives. And a few of them know themselves to be, in spite of that, ephemeral beings. The organic life forms sharing this strange evolutionary adventure are the animals, and you and I are among them. This gives rise to a moral question: How should we interact with the others?Comment: A useful introduction to the idea of human exceptionalism and logocentrism. Korsgaard presents a clear and accessible argument by analogy for respecting/caring for non-human animals based on degrees of self-consciousness. This would make a good introductory text in any class that covers the relationship of humans to non-human animals.
Gheaus, Anca. The Right to Parent and Duties Concerning Future Generations2016, Journal of Political Philosophy 24 (1):487-508-
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Added by: Carl FoxAbstract:
Several philosophers argue that individuals have an interest-protecting right to parent; specifically, the interest is in rearing children whom one can parent adequately. If such a right exists it can provide a solution to scepticism about duties of justice concerning distant future generations and bypass the challenge provided by the non-identity problem. Current children - whose identity is independent from environment-affecting decisions of current adults - will have, in due course, a right to parent. Adequate parenting requires resources. We owe duties of justice to current children, including the satisfaction of their interest-protecting rights; therefore we owe them the conditions for rearing children adequately in the future. But to engage in permissible parenting they, too, will need sufficient resources to ensure their own children's future ability to bring up children under adequate conditions. Because this reasoning goes on ad infinitum it entails that each generation of adults owes its contemporary generation of children at least those resources that are necessary for sustaining human life indefinitely at an adequate level of wellbeing.
Comment: Novel approach to climate change and intergenerational justice. Article argues that we owe it to future generations to ensure that they have access to sufficient resources to realise their right to parent by providing an adequate life for their children. Would make interesting reading in a module on either environmental justice or on the family.
McPherson, Lionel K.. Is Terrorism Distinctively Wrong?2007, Ethics 117(3): 524-546.-
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Added by: Helen Morley
Introduction: Many people, including philosophers, believe that terrorism is necessarily and egregiously wrong. I will call this “the dominant view.” The dominant view maintains that terrorism is akin to murder. This forecloses the possibility that terrorism, under any circumstances, could be morally permissible—murder, by definition, is wrongful killing. The unqualified wrongness of terrorism is thus part of this understanding of terrorism. I will criticize the dominant view. Some philosophers have argued that terrorism might not be impermissible on either a rights‐based or a consequentialist analysis. But I will not pursue the question of whether terrorism could ever be justifiable. Rather, I will argue that the dominant view’s condemnatory attitude toward terrorism as compared to conventional war cannot be fully sustained. I propose that a version of the argument that terrorists do not have adequate authority to undertake political violence—and not the prominent argument that noncombatants should be immune from deliberate use of force against them—is the most plausible basis for finding terrorism objectionable.Comment: McPherson challenges the view that there is something distinctively wrong about terrorism as compared to conventional warfare. In addition to a discussion on terrorism it presents challenges to traditional interpretations of just war theory.
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.
Allen, Anita. 22 Atmospherics: Abortion Law and Philosophy2004, In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press 184-
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Added by: Simon Fokt
Abstract: In 1934, Karl N. Llewellyn published a lively essay trumpeting the dawn of legal realism, "On Philosophy in American Law." The charm of his defective little piece is its style and audacity. A philosopher might be seduced into reading Llewellyn’s essay by its title; but one soon learns that by "philosophy" Llewellyn only meant "atmosphere". His concerns were the "general approaches" taken by practitioners, who may not even be aware of having general approaches. Llewellyn paired an anemic concept of philosophy with a pumped-up conception of law. Llewellyn’s "law" included anything that reflects the "ways of the law guild at large" - judges, legislators, regulators, and enforcers. Llewellyn argued that the legal philosophies implicit in American legal practice had been natural law, positivism and realism, each adopted in response to felt needs of a time. We must reckon with many other implicit "philosophies" to understand the workings of the law guild, not the least of which has been racism. Others, maternalism and paternalism, my foci here, persist in American law, despite women’s progress toward equality. Both maternalism and paternalism were strikingly present in a recent decision of the U.S. Supreme Court, Gonzales v. Carhart, upholding the federal Partial-Birth Abortion Ban Act.Comment: This article offers a good way to relate practical legal problems with philosophical issues, giving the students a very direct way to see the relevance of ethics. It can inspire discussions on paternalism and its relations with global justice. Note that the article does not define the following terms which are important to understand the material: Natural law, Positivism, Realism, Atmosphere/atmospherics, Paternalism, Maternalism. Due to its focus on legal issues, the text can be better suited as further reading, or as a core reading in classes focused on applied ethics and law (following Diversifying Syllabi).
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.
Jackson, Jennifer. Truth, trust and medicine2001, London: Routledge.-
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Publisher’s Note:
Publisher: Truth, Trust and Medicine investigates the notion of trust and honesty in medicine, and questions whether honesty and openness are of equal importance in maintaining the trust necessary in doctor-patient relationships. Jackson begins with the premise that those in the medical profession have a basic duty to be worthy of the trust their patients place in them. Yet questions of the ethics of withholding information and consent and covert surveillance in care units persist. This book boldly addresses these questions which disturb our very modern notions of a patient's autonomy, self-determination and informed consent.Comment: This text is best used as a further reading in medical, professional and applied ethics courses. It is very detailed and thorough in its approach, but some chapters can be used as more introductory standalone texts. In particular, chapters 3 and 4 offer a good discussion on 'Why truthfulness matters' and 'What truthfulness requires', and chapters 2 and 9 look critically at lying or withholding information for the benefit of the patient.
Jackson, Jennifer. Ethics in medicine: Virtue, Vice and Medicine2006, Cambridge: Polity.-
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Publisher’s Note:
Publisher: How, in a secular world, should we resolve ethically controversial and troubling issues relating to health care? Should we, as some argue, make a clean sweep, getting rid of the Hippocratic ethic, such vestiges of it as remain? Jennifer Jackson seeks to answer these significant questions, establishing new foundations for a traditional and secular ethic which would not require a radical and problematic overhaul of the old. These new foundations rest on familiar observations of human nature and human needs. Jackson presents morality as a loose anatomy of constituent virtues that are related in different ways to how we fare in life, and suggests that in order to address problems in medical ethics, a virtues–based approach is needed. Throughout, attention is paid to the role of philosophy in medical ethics, and how it can be used to clarify key notions and distinctions that underlie current debates and controversial issues. By reinstating such concepts as justice, cardinal virtue, and moral duty, Jackson lays the groundwork for an ethics of health care that makes headway toward resolving seeming dilemmas in medical ethics today. This penetrating and accessible book will be invaluable to students of sociology and health care, as well as those who are interested in the ethical uncertainties faced by the medical world.Comment: Particularly useful in teaching is Chapter 10 which discusses abortion, reviewing arguments made by J.J. Thompson and M. Tooley, and enquiring into what makes killing wrong. Chapter 9 looks at distributive justice in medicine, reviewing some problematic cases and distinguishing between bad luck and injustice. Chapter 5 treats on conscientious objection and issues related to toleration and imposition of values.
Jackson, Jennifer. Common Codes: Divergent Practices1994, In Chadwick, Ruth (ed.), Ethics and the Professions. Avebury: Ashgate.-
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Added by: Simon FoktAbstract:
Comment: Jackson explores the differences between variations in application and in interpretation of codes of ethics in professional settings, and argues that differences in application need not be problematic. She distinguishes aspirational obligations and obligations imposing side constraints in codes of ethics, and argues that they should not be confused. The text is most useful in teaching applied and professional ethics classes on codes of ethics, but can also offer a good further reading in introduction to ethics modules which aim to show the practical relevance of moral philosophy.
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Ferracioli, Luara. The Appeal and Danger of a New Refugee Convention
2014, Social Theory and Practice, 40 (1): 123-144.
Comment: This text provides a clear introduction to the philosophical treatment of the 1951 Refugee Convention. It criticises contemporary international law concerning refugees and asylum, and discusses the constraints to feasability for a new legal regime. This text would work well as an introduction to the philosophical issues involved in granting refugee status, or within a specialized context concerning the right to immigrate/migrate. It would also have a place in a class on human rights that covered greivous human rights violations and their remedy.