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Shelby, Tommie. Justice, Deviance, and the Dark Ghetto
2007, Philosophy & Public Affairs 35(2): 126-160.
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Added by: Helen MorleyIntroduction: 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 FoktAbstract: 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).Hills, Alison. Is ethics rationally required?2004, Inquiry: An Interdisciplinary Journal of Philosophy 47(1): 1-19.
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Added by: Graham Bex-PriestleyAbstract: Sidgwick argued that utilitarianism was not rationally required because it could not be shown that a utilitarian theory of practical reason was better justified than a rival egoist theory of practical reason: there is a ‘dualism of practical reason’ between utilitarianism and egoism. In this paper, it is demonstrated that the dualism argument also applies to Kant's moral theory, the moral law. A prudential theory that is parallel to the moral law is devised, and it is argued that the moral law is no better justified than this prudential theory. So the moral law is not rationally required. It is suggested that the dualism argument is a completely general argument that ethics cannot be rationally required.Comment: This is a good and fairly accessible argument that casts doubt on the project of deriving morality from reason. It can be used alongside Kantian approaches to metaethics or reasons constituvism.Heuer, Ulrike. Beyond Wrong Reasons: The Buck-Passing Account of Value2010, in Michael Brady (ed.), New Waves in Metaethics, Palgrave Macmillan: Basingstoke. 166-184.
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Added by: Graham Bex-PriestleyAbstract: In section I, I will show that the Buck-Passing Account (BPA) is not as obviously a successor of the fitting-attitude analysis (for short: FA analysis) of value as some have thought. The much discussed wrong-kind-of-reasons (for short: WKR) problem afflicts buck-passing only in so far as it incorporates a version of Fitting Attitude (FA) analysis, or at any rate is expressed in terms of reasons for attitudes. There can be a buck-passing account of value which is not affected by the problem: one that limits the account to reasons for actions. However, insofar as BPA does inherit elements of FA analysis, it also has a WKR problem. In section II, I will discuss this problem and its solution. I will show that it has been misidentified in the current literature, and that – once we understand the problem correctly – its solution is likely to be unavailable to the buck-passer. Hence we should reject any account of BPA that incorporates FA analysis. That leaves us with versions which do not: versions that formulate BPA+ in terms of reasons for actions only, rather than reasons for attitudes. Finally, in section III, I will discuss at least briefly why buck-passing seemed to be appealing to begin with, and whether a version of BPA that does not incorporate FA analysis is a viable contender of the account – beyond the WKR problem.Comment: Heuer argues in depth against the buck-passing account of value. She charges it with ruling out various theories, such as deontological theories of ethics and Williams-style reasons internalism, by fiat. Since many substantial areas are touched upon, such as 'fitting attitudes' and 'wrong kinds of reason' arguments, this text is best used as further reading for students who may want to write a related essay.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 FoktAbstract: 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.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 FoktContent: 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.van Brabant, Petra, Prinz, Jesse. Why Do Porn Films Suck?2012, in Art and Pornography: Philosophical Essays, ed. by Hans Maes and Jerrold Levinson (Oxford: Oxford University Press).
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Added by: Simon FoktContent: The authors present ‘the paradox of porn’: pornography seems to score very highly on various evaluative criteria which make art good (e.g. ability to elicit strong emotions), and has features similar to great art (e.g. ‘Brechtian’ acting, idealisation of the human body), yet is rarely consider art. They proceed to discuss some arguments for the exclusivist thesis, suggesting that they ‘reflect a limited knowledge of or experience with pornography’ (168). A review of various types of non-mainstream porn leads them to claim that the division between pornography and art is a false dichotomy. Section 3 revisits the paradox, offering an analysis of various reasons which could lead to so little porn being (considered) art. After rejecting most of the common arguments, the authors suggest that a great majority of porn is not art for purely contingent reasons: very few pornographers even try to pursue that possibility. But pornography has the potential to be great art, and section 4 explores the ways in which it could.Comment: This text is a fairly easy and a very entertaining read, and is presented in a form of an intriguing and unexpected paradox. This makes it an excellent introductory reading which can really interest students in the subject. It also paints a very varied and diverse picture of pornography, reaching far beyond the mainstream images most often discussed in the literature, and likely best known to students.Monseré, Annelies. Non-Western Art and the Concept of Art: Can Cluster Theories of Art Account for the Universality of Art?2012, Estetika 49(2): 148-165.
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Added by: Simon FoktAbstract: This essay seeks to demonstrate that there are no compelling reasons to exclude non-Western artefacts from the domain of art. Any theory of art must therefore account for the universality of the concept of art. It cannot simply start from ‘our’ art traditions and extend these conceptions to other cultures, since this would imply cultural appropriation, nor can it resolve the matter simply by formulating separate criteria for non-Western art, since this would imply that there is no unity in the concept of art. At first sight, cluster theories of art seem capable of accounting for the universality of art since they (can) start from a broad cross-cultural range of artworks and nowhere seem to extend one conception of art to other conceptions. Yet cluster theories remain unsatisfactory, because they can neither avoid misapplication of the proposed criteria, nor clarify the unity in the concept of art.Comment: Due to the focused character of this paper it is best used as a further reading, or a core reading in courses focusing on cluster theories or non-Western art. The first part offers an interesting discussion of the requirements which a successful theory of art should meet: it should be able to account for the cultural diversity of art. The critique of cluster accounts offered in the second part of the paper focuses on their Western-centric character. It can be useful to discuss whether they could be modified in ways which would allow them to stand against Monseré’s criticism, or whether it is in fact at all possible to formulate a definition which will be flexible enough to account for arts of all cultures, yet general enough to capture ‘art’ as a unified concept.Wingo, Ajume H.. African Art and the Aesthetics of Hiding and Revealing1998, British Journal of Aesthetics 38(3): 251-264
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Added by: Simon FoktContent: This text focuses on identifying distinctive features of African art. First, African art is virtually always functional and although it can be enjoyed intrinsically, it is rarely created for its own sake. It is a part of the social and political structure and cannot be understood without an understanding of this structure. The function of such art is to ‘veil social functions’: communicate that there exist secrets available to those initiated without communicating those secrets to everyone. Wingo further focuses on masks and dance as examples of African art which are experienced in specific, culturally embedded ways. He offers detailed descriptions and a theoretical analysis of various artistic and cultural practices, showing the uniqueness of the experiences they afford and arguing that they cannot be experienced or understood without a prior immersion in the culture they are part of.Comment: The primary value of this text lies in the detailed first-hand account and a theoretical analysis of particular non-Western art practices. Most of the other, more theoretical articles in this section talk about non-Western art in a very abstract way. But surely understanding the differences between arts of different cultures requires a grasp of what the art of those cultures is like. Wingo’s text offers a valuable insight into one such cultural context and his text can be very useful when taught alongside more theoretical articles.Lopes, Dominic McIver. Art Without “Art”2007, British Journal of Aesthetics 47(1): 1-15.
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Added by: Simon FoktAbstract: Some argue that there is no art in some non-Western cultures because members of those cultures have no concept of art. Others argue that members of some non-Western cultures have concepts of art because they have art. Both arguments assume that if there is art in a given culture, then some members of the culture have a concept of art. There are reasons to think that this assumption is false; and if it is false, there are lessons to learn for cross-cultural studies of art both in anthropology and philosophy.Comment: Lopes’ light and approachable writing style makes this paper very well suited for undergraduate teaching. It is an excellent study in philosophical method: the structure of all arguments is very clear, the challenged premises are individuated and the requirements for challenging them are spelled out in detail. One major advantage of the text is the way in which it exposes the Western-centric biases present in our views on non-Western art. Various problematic historical and current attitudes are mentioned and discussed, including the division between the West and the rest, paternalism, etc.
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