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Added by: Nick Novelli
Abstract: This essay explicates and evaluates the roles that fetal metaphysics and moral status play in Rosalind Hursthouse's abortion ethics. It is motivated by Hursthouse's puzzling claim in her widely anthologized paper Virtue Ethics and Abortion that fetal moral status and (by implication) its underlying metaphysics are in a way, fundamentally irrelevant to her position. The essay clarifies the roles that fetal ontology and moral status do in fact play in her abortion ethics. To this end, it presents and then develops her fetal metaphysics of the potential and actual human being, which she merely adumbrates in her more extensive treatment of abortion ethics in her book Beginning Lives. The essay then evaluates her fetal ontology in light of relevant research on fetal neural and psychological development. It concludes that her implied view that the late-stage fetus is an actual human being is defensible. The essay then turns to the analysis of late-stage abortions in her paper and argues that it is importantly incomplete.Guenther, Lisa. Solitary Confinement: Social Death and its Afterlives2013, Minneapolis: University of Minnesota Press.-
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Added by: Rochelle DuFord
Abstract: Prolonged solitary confinement has become a widespread and standard practice in U.S. prisons - even though it consistently drives healthy prisoners insane, makes the mentally ill sicker, and, according to the testimony of prisoners, threatens to reduce life to a living death. In this profoundly important and original book, Lisa Guenther examines the death-in-life experience of solitary confinement in America from the early nineteenth century to today's supermax prisons. Documenting how solitary confinement undermines prisoners' sense of identity and their ability to understand the world, Guenther demonstrates the real effects of forcibly isolating a person for weeks, months, or years. -/- Drawing on the testimony of prisoners and the work of philosophers and social activists from Edmund Husserl and Maurice Merleau-Ponty to Frantz Fanon and Angela Davis, the author defines solitary confinement as a kind of social death. It argues that isolation exposes the relational structure of being by showing what happens when that structure is abused - when prisoners are deprived of the concrete relations with others on which our existence as sense-making creatures depends. Solitary confinement is beyond a form of racial or political violence; it is an assault on being.Comment: This text serves as both a clear introduction to the history of punishment and imprisonment in the United States, as well as a clear introduction to phenomenological method. Portions of the text on the experience of social death in solitary confinement would make excellent additions to introductory courses on prisons and punishment. Some chapters would also be fitting on classes concerning race and mass incarceration.
Kantymir, Lori, Carolyn McLeod. Justification for Conscience Exemptions in Health Care2013, Bioethics 28 (1): 16-23.-
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Added by: Rochelle DuFord
Abstract: Some bioethicists argue that conscientious objectors in health care should have to justify themselves, just as objectors in the military do. They should have to provide reasons that explain why they should be exempt from offering the services that they find offensive. There are two versions of this view in the literature, each giving different standards of justification. We show these views are each either too permissive (i.e. would result in problematic exemptions based on conscience) or too restrictive (i.e. would produce problematic denials of exemption). We then develop a middle ground position that we believe better combines respect for the conscience of healthcare professionals with concern for the duties that they owe to patients. Our claim, in short, is that insofar as objectors should have to justify themselves, they should have to do it according to the standard that we defend rather than according to the standards that others have developed.Comment: This text responds to two proposals for justifying concientious objection in the provision of health care services: genuineness and reasonableness. It would fit well within a course on medical ethics or bioethics. It also would fit well within a more general course on professional ethics, as it concerns the question of when a professional is able to justify the omission of an action that they are bound by professional duty to complete.
Baier, Annette. Reflections on How We Live2010, Oxford: Oxford University Press.-
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Added by: Rochelle DuFord
Back Matter: The pioneering moral philosopher Annette Baier presents a series of new and recent essays in ethics, broadly conceived to include both engagements with other philosophers and personal meditations on life. Baier's unique voice and insight illuminate a wide range of topics. In the public sphere, she enquires into patriotism, what we owe future people, and what toleration we should have for killing. In the private sphere, she discusses honesty, self-knowledge, hope, sympathy, and self-trust, and offers personal reflections on faces, friendship, and alienating affection.Comment: The essays in this book are self-contained and accessible conversation starters. A number of them would make good initial readings for a class or unit on political ethics (concerning toleration, nationalism, and patriotism), friendship and love (concerning trust, friendship, and intimacy), and the ethics of reproduction and population.
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.
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).
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.
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.
Mills, Charles. ’But What Are You Really?’ The Metaphysics of Race2000, In: Light A., Mechthild N. (eds). Race, Class, and Community Identity: Radical Philosophy Today. Amherst, NY: Humanity Books. p. 23-51.-
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Added by: Simon Fokt
Summary (Diversifying Syllabi): There are a variety of possible views about the metaphysical status of racial assignments, which roughly parallel the variety of meta-ethical views in the literature. Most people are realists about race. Those who see that the realist position is wrongheaded often conclude that race is unreal, subjective, or relative. Both of these views are mistaken. There are seven candidate conditions for racial identification: appearance, ancestry, public awareness of ancestry, self-awareness of ancestry, culture, experience, and self-identification. Consideration of ten cases of “racial transgressives”—in which a person has some of these conditions but not others — push on our intuitions and ultimately show that we ought to conclude that race is a social construction. This view is to be distinguished from relativism, insofar as you can be wrong about what race you are: Thinking does not make it so.Comment: This article draws parallels between various positions on the nature of race and various positions on the metaphysical status of ethical values (realism, constructivism, nihilism, etc.). The article explains the latter meta-ethical positions quickly and cursorily, so your students might need a primer (Diversifying Syllabi).
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.
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Kornegay, R. Jo. Hursthouse’s Virtue Ethics and Abortion: Abortion Ethics without Metaphysics
2011, Ethical Theory and Moral Practice 14(1): 51-71.
Comment: This paper provides a detailed analysis and critique of Rosalind Hursthouse's argument in 'Virtue Ethics and Abortion'. As Hursthouse's paper is frequently taught, this article would provide a good counterpoint to it. This dialogue could form part of an examination of the practical application of virtue ethics, or as part of an examination of the applied ethics of abortion from alternative ethical perspectives. This paper is suitable for undergraduate or graduate teaching.