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Added by: Rochelle DuFord
Abstract: In this essay, I analyze the cosmopolitan project for a new international order that Habermas has articulated in recent publications. I argue that his presentation of the project oscillates between two models. The first is a very ambitious model for a future international order geared to fulfill the peace and human rights goals of the UN Charter. The second is a minimalist model, in which the obligation to protect human rights by the international community is circumscribed to the negative duty of preventing wars of aggression and massive human rights violations due to armed conflicts such as ethnic cleansing or genocide. According to this model, any more ambitious goals should be left to a global domestic politics, which would have to come about through negotiated compromises among domesticated major powers at the transnational level. I defend the ambitious model by arguing that there is no basis for drawing a normatively significant distinction between massive human rights violations due to armed conflicts and those due to regulations of the global economic order. I conclude that the cosmopolitan goals of the Habermasian project can only be achieved if the principles of transnational justice recognized by the international community are ambitious enough to cover economic justice.Lafont, Christina. Accountability and Global Governance: Challenging the State-Centric Conception of Human Rights2010, Ethics and Global Politics 3 (3): 193-215.-
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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.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.
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.
Abímbọ́lá, Kọ́lá. Culture and the Principles of Biomedical Ethics2013, Journal of Commercial Biotechnology, 19 (3): 31-39.-
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Added by: Rochelle DuFord
Abstract: This paper examines the roles of culture in the principles of biomedical ethics. Drawing on examples from African, Navajo and Western cultures, the paper maintains that various elements of culture are indispensable to the application of the principles of biomedical ethics.Comment: This text presents a clear introduction to questions about the application of biomedical ethical principles outside of Western medical contexts. It contains a good overview of the Western interpretation and application of autonomy, as well as other, culturally specific, interpretations of autonomy in medical contexts. This makes it useful as a text to introduce students to the way in which conflicts occur over the application of medical ethical principles in context prior to looking at specific cases (such as Jehovah's Witnesses refusal to accept blood transfusions or the well known case of the Hmong medical culture).
Adams, Carol. The Sexual Politics of Meat: A Feminist-Vegetarian Critical Theory2000, New York City: Continuum.-
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Added by: Rochelle DuFord
Back Matter: The Sexual Politics of Meat argues that what, or more precisely who, we eat is determined by the patriarchal politics of our culture, and that the meanings attached to meat eating are often clustered around virility. We live in a world in which men still have considerable power over women, both in public and in private. Carol Adams argues that gender politics is inextricably related to how we view animals, especially animals who are consumed. Further, she argues that vegetarianism and fighting for animal rights fit perfectly alongside working to improve the lives of disenfranchised and suffering people, under the wide umbrella of compassionate activism.Comment: This is a clear and easily accessible introductory text on the relationship of feminism to vegetarianism. The text is compelling and interesting, making a chapter or two excellent for an introductory course that concerns feminism, gender politics, other animals, or vegetarianism. The text in its entirety would be excellent in an upper division course concerning ecofeminism.
Cutas, Daniela. Postmenopausal Motherhood: Immoral, Illegal? A Case Study2007, Bioethics, 21 (8): 458-463.-
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Added by: Rochelle DuFord
Abstract: The paper explores the ethics of post-menopausal motherhood by looking at the case of Adriana Iliescu, the oldest woman ever to have given birth (so far). To this end, I will approach the three most common objections brought against the mother and/or against the team of healthcare professionals who made it happen: the age of the mother, the fact that she is single, the appropriateness of her motivation and of that of the medical team.Comment: This text presents a case study useful for a course on biomedical ethics, parenthood, or procreation. Further, the author considers a number of objections to postmenopausal motherhood and evaluates them for their ethical merit, providing a good introduction to questions of reproduction and parenting in non-traditional circumstances.
Miller, Sarah Clark. Moral Injury and Relational Harm: Analyzing Rape in Darfur2009, Journal of Social Philosophy, 40 (4): 504-523.-
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Added by: Rochelle DuFord
Abstract: Rather than focusing on the legal and political questions that surround genocidal rape, in this paper I treat a vital area of inquiry that has received much less attention: the moral significance of genocidal rape. My aim is to augment existing moral accounts of rape in order to address the specific contexts of genocidal rape. I move beyond understanding rape primarily as a violation of an individual's interests or agential abilities. The account I offer builds on these approaches (as well as on a pluralist approach), by arguing that rape, as a moral injury, negatively affects the very human dignity of victims. My account also emphasizes the relational harm that marks genocidal rape.Comment: This paper offers a compelling argument about the harm of rape as a means of inflicting genocidal violence, via an analysis of the widespread rapes in Darfur. While the text does not concern itself with the legal aspects of rape as a crime against humanity, it would lend itself well to a course concerning crimes against humanity, international criminal law, or the ethics of war. Additionally, it could be taught within the context of a course that discusses what sort of harm rape constitutes.
Cudd, Ann E.. Enforced Pregnancy, Rape, and the Image of Woman1990, Philosophical Studies, 60 (1-2): 47-59.-
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Added by: Rochelle DuFord
Summary: In this essay, Cudd argues that enforced pregnancy constitutes a group harm against women, harming even women who are not forced to carry a fetus to term against their will. In this essay, she develops a theoy of group harm, arguing that forced pregnancy constitutes a similar sort of group harm as rape. Ultimately, she claims that both rape and enforced pregnancy constitute a group harm via degredation of a class (women) and an individual harm via the individual negative effects caused by enforced pregnancy.Comment: This text serves as a good introduction to the idea of a group harm. Further, it would fit well in a class that covers the ethics of sex, sexual violence, pregnancy, or abortion. If you plan to utilize this reading in the context of a biomedical ethics course covering abortion, it would be helpful to have first covered other classical readings on the topic (Marquis and Thomson, at least).
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.
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Lafont, Christina. Alternative Visions of a New Global Order: What Should Cosmopolitans Hope For?
2008, Ethics and Global Politics (1).
Comment: This article addresses topics that may be covered by a wide variety of courses. Lafont addresses both a Rawlsian and a Habermasian theory of global justice and international law, making this a good text to supplement a course that covers institutional proposals for global justice and fulfilling other cosmopolitan obligations.