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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.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.
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).
Palmer, Clare. Killing Animals in Animal Shelters2006, In: Killing Animals, edited by The Animal Studies Group. Champaign: Illinois University Press.-
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Added by: Rochelle DuFord
Summary: In this article, Palmer provides a clear survey of positions on killing domestic animals (cats and dogs) in animal shelters. She argues that there are three ways of understanding the killing that occurs in animal shelters: consequentialism, rights based, and relation based. She considers the relationship of humans and domesticated animals that leads to their killing in animal shelters as well as providing an ethical assessment of the practice.Comment: This text is a clear introduction to the ethical issues involved in keeping 'pets' or 'companion animals.' It would serve as a clear introduction to the problem of 'painless killing' in a course on ethics of killing, environmental ethics, or animal ethics.
Brock, Gillian. Global Justice: A Cosmopolitan Account2009, Oxford: Oxford University Press.-
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Added by: Rochelle DuFordPublisher’s Note:
Publisher: Gillian Brock develops a viable cosmopolitan model of global justice that takes seriously the equal moral worth of persons, yet leaves scope for defensible forms of nationalism and for other legitimate identifications and affiliations people have. Brock addresses two prominent kinds of skeptic about global justice: those who doubt its feasibility and those who believe that cosmopolitanism interferes illegitimately with the defensible scope of nationalism by undermining goods of national importance, such as authentic democracy or national self-determination. The model addresses concerns about implementation in the world, showing how we can move from theory to public policy that makes progress toward global justice. It also makes clear how legitimate forms of nationalism are compatible with commitments to global justice. Global Justice is divided into three central parts. In the first, Brock defends a cosmopolitan model of global justice. In the second, which is largely concerned with public policy issues, she argues that there is much we can and should do toward achieving global justice. She addresses several pressing problems, discussing both theoretical and public policy issues involved with each. These include tackling global poverty, taxation reform, protection of basic liberties, humanitarian intervention, immigration, and problems associated with global economic arrangements. In the third part, she shows how the discussion of public policy issues can usefully inform our theorizing; in particular, it assists our thinking about the place of nationalism and equality in an account of global justice.Comment: This text is a comprehensive set of arguments concerning global economic justice, with application to areas such as taxation, immigration, and military-humanitarian intervention. It responds to a wide variety of literature, but takes as its starting point Rawls' Law of Peoples. Individuals chapters could be taught in a lower-level undergraduate class, while entire sections could be taught in an upper-division undergraduate class.
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.
Bortolotti, Lisa, Daniela Cutas. Reproductive and Parental Autonomy: An Argument for Compulsory Education2009, Reproductive Biomedicine Online, 19 (Ethics Supplement): 5-14.-
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Added by: Rochelle DuFord
Abstract: In this paper we argue that society should make available reliable information about parenting to everybody from an early age. The reason why parental education is important (when offered in a comprehensive and systematic way) is that it can help young people understand better the responsibilities associated with reproduction, and the skills required for parenting. This would allow them to make more informed life-choices about reproduction and parenting, and exercise their autonomy with respect to these choices. We do not believe that parental education would constitute a limitation of individual freedom. Rather, the acquisition of relevant information about reproduction and parenting and the acquisition of self-knowledge with respect to reproductive and parenting choices can help give shape to individual life plans. We make a case for compulsory parental education on the basis of the need to respect and enhance individual reproductive and parental autonomy within a culture that presents contradictory attitudes towards reproduction and where decisions about whether to become a parent are subject to significant pressure and scrutiny.Comment: This text provides a clear overview of debates about reproductive autonomy and compulsory education. It also contains responses to well known criticisms of compulsory parental education. It would be best used in a course dealing with issues of parenthood and procreation, reproduction, or autonomy in a medical context.
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Roberts, Rodney C.. The American Value of Fear and the Indefinite Detention of Terrorist Suspects
2007, Public Affairs Quarterly, 21 (4): 405-419.
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.