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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.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.
Warren, Mary Anne. On the Moral and Legal Status of Abortion1973, The Monist, 57 (4): 43-61.-
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Added by: Rochelle DuFord
Summary: This paper is a response to Thomson's influential defense of abortion. Warren argues that Thomson is mistaken that if a fetus has full moral rights, then abortion is still morally permissible. Warren, instead, argues that while fetuses participate in genetic humanity, they do not participate in the category of personhood (the category which defines the moral community). For this reason, abortion is always morally permissible and thus ought to be legally permissible.Comment: This reading is a good response to Thomson's influential violinist case. The text is a bit complex, and would be better suited for a course that considered issues of abortion and infanticide in an in depth way.
Satz, Debra. Markets in Women’s Sexual Labor1995, Ethics 106(1): 63-85.-
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Added by: Rochelle DuFord
Summary: This paper argues that prostitution and other markets in women's sexual labor are not necessarily morally wrong. Satz argues that such markets are morally wrong to the extent that they reinforce the vast social inequalities between men and women. Satz discusses a number of approaches to understanding the wrongness of markets in women's sexual labor, including an economic approach, an essentialist approach, and an egalitarian approach. Ultimately, she critiques the economic and essentialist approach as insufficient, favoring the egalitarian approach. Lastly, Satz discusses the question of decriminalization, arguing in favor of legislation concerning markets in women's sexual labor only to the extent that those laws promote gender equality.Comment: This text serves as an excellent introdution to debates concerning the morality of prostitution. It presents an overview of a number of tactics used to understand the wrongness of prostituion and provides an introduction to the legislative considerations of markets in women's sexual labor.
Diamond, Cora. Eating Meat and Eating People1978, Philosophy, 53 (206): 465.-
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Added by: Rochelle DuFord
Abstract: This paper is a response to a certain sort of argument defending the rights of animals. Part I is a brief explanation of the background and of the sort of argument I want to reject; Part II is an attempt to characterize those arguments: they contain fundamental confusions about moral relations between people and people and between people and animals. And Part III is an indication of what I think can still be said on-as it were-the animals' side.Comment: This text contains a useful overview of both Regan and Singer's classic arguments in favor of vegetarianism. Diamond introduces the concept of 'fellow creatures' as a useful way to discuss membership in the moral community. This text would be useful as a supplement to a unit on vegetarianism, speciesism, or animal rights.
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).
Mikkola, Mari. Pornography, Art and Porno-Art2013, in Pornographic Art and the Aesthetics of Pornography, ed. by Hans Maes (London: Palgrave Macmillan)-
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Added by: Simon Fokt
Abstract: Philosophers involved in the ‘porn-or-art’ debates standardly assume that pornography is centrally about sexual arousal, while art is about something else. I argue against this assumption and for the view that there is no single thing that pornography (or art) ‘is about’. This suggests that there is no prima facie reason for claiming that some x cannot be both pornography and art. I further go on to develop an understanding of (what I call) ‘porno-art’ - a wholly new kind of thing developing from the extant categories of pornography and art, but still distinct and separate from them.Comment: This text can be used to introduce parts of the debate on art and pornography. The criticism it offers is interesting particularly because it focuses on non-mainstream and feminist pornography, and because it introduces a more nuanced analysis of what can be the aims of pornographers. The text can further serve a validating role for female students who might be interested to read about the existence and value of feminist pornography. Further, Mikkola’s use of Amie Thomasson’s work on artefactual kinds can serve as a good excuse to promote Thomasson’s work in class.
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Oshana, Mariana. Autonomy and the Partial-Birth Abortion Act
2011, Journal of Social Philosophy, 42 (1): 46-60.
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.