Tom Dougherty argues that consenting, like promising, requires both an appropriate mental attitude and a communication of that attitude.Thus, just as a promise is not a promise unless it is communicated to the promisee, consent is not consent unless it is communicated to the relevant party or parties. And those like us, who believe consent is just the attitude, and that it can exist without its being communicated, are in error. Or so Dougherty argues. We, however, are unpersuaded. We believe Dougherty is right about promises, but wrong about consent. Although each of us gives a slightly different account of the attitude that constitutes consent, we all agree that consent is constituted by that attitude and need not be communicated in order to alter the morality of another’s conduct.
Transgender Children and the Right to Transition: Medical Ethics When Parents Mean Well but Cause Harm
In this article, I argue that (1) transgender adolescents should have the legal right to access puberty-blocking treatment (PBT) without parental approval, and (2) the state has a role to play in publicizing information about gender dysphoria. Not only are transgender children harmed psychologically and physically via lack of access to PBT, but PBT is the established standard of care. Given that we generally think that parental authority should not go so far as to (1) severally and permanently harm a child and (2) prevent a child from access to standard physical care, then it follows that parental authority should not encompass denying gender-dysphoric children access to PBT. Moreover, transgender children without supportive parents cannot be helped without access to health care clinics and counseling to facilitate the transition. Hence there is an additional duty of the state to help facilitate sharing this information with vulnerable teens.
Beasts of Burden: Animal and Disability Liberation
How much of what we understand of ourselves as “human” depends on our physical and mental abilities—how we move (or cannot move) in and interact with the world? And how much of our definition of “human” depends on its difference from “animal”?
Drawing on her own experiences as a disabled person, a disability activist, and an animal advocate, author Sunaura Taylor persuades us to think deeply, and sometimes uncomfortably, about what divides the human from the animal, the disabled from the nondisabled—and what it might mean to break down those divisions, to claim the animal and the vulnerable in ourselves, in a process she calls “cripping animal ethics.”
Beasts of Burden suggests that issues of disability and animal justice—which have heretofore primarily been presented in opposition—are in fact deeply entangled. Fusing philosophy, memoir, science, and the radical truths these disciplines can bring—whether about factory farming, disability oppression, or our assumptions of human superiority over animals—Taylor draws attention to new worlds of experience and empathy that can open up important avenues of solidarity across species and ability. Beasts of Burden is a wonderfully engaging and elegantly written work, both philosophical and personal, by a brilliant new voice.
Repatriation Reader: Who Owns American Indian Remains?
In the past decade the repatriation of Native American skeletal remains and funerary objects has become a lightning rod for radically opposing views about cultural patrimony and the relationship between Native communities and archaeologists. In this unprecedented volume, Native Americans and non-Native Americans within and beyond the academic community offer their views on repatriation and the ethical, political, legal, cultural, scholarly, and economic dimensions of this hotly debated issue. While historians and archaeologists debate continuing non-Native interests and obligations, Native American scholars speak to the key cultural issues embedded in their ancestral pasts. A variety of sometimes explosive case studies are considered, ranging from Kennewick Man to the repatriation of Zuni Ahayu:da. Also featured is a detailed discussion of the background, meaning, and applicability of the Native American Graves Protection and Repatriation Act, as well as the text of the act itself.
Marie’s Dictionary
This short documentary tells the story of Marie Wilcox, the last fluent speaker of the Wukchumni language, and the dictionary she created to keep her language alive. For Ms. Wilcox, the Wukchumni language has become her life. She has spent more than twenty years working on the dictionary and continues to refine and update the text. Through her hard work and dedication, she has created a document that will support the revitalization of the Wukchumni language for decades to come. Along with her daughter, Jennifer Malone, she travels to conferences throughout California and meets other tribes who struggle with language loss.
Ms. Wilcox’s tribe, the Wukchumni, is not recognized by the federal government. It is part of the broader Yokuts tribal group native to Central California. Before European contact, as many as 50,000 Yokuts lived in the region, but those numbers have steadily diminished. Today, it is estimated that fewer than 200 Wukchumni remain.
Indigenizing Philosophy through the Land: A Trickster Methodology of Decolonising Environmental Ethics and Indigenous Futures
Land is key to the operations of coloniality, but the power of the land is also the key anticolonial force that grounds Indigenous liberation. This work is an attempt to articulate the nature of land as a material, conceptual, and ontological foundation for Indigenous ways of knowing, being, and valuing. As a foundation of valuing, land forms the framework for a conceptualization of Indigenous environmental ethics as an anticolonial force for sovereign Indigenous futures. This text is an important contribution in the efforts to Indigenize Western philosophy, particularly in the context of settler colonialism in the United States. It breaks significant ground in articulating Indigenous ways of knowing and valuing to Western philosophy—not as artifact that Western philosophy can incorporate into its canon, but rather as a force of anticolonial Indigenous liberation. Ultimately, Indigenizing Philosophy through the Land shines light on a possible road for epistemically, ontologically, and morally sovereign Indigenous futures.
“Life Comes from it”: Navajo Justice Concepts
This paper offers a comparison between Navajo conceptions of law and justice based on the community’s experiences to those of Anglo-european law and justice.
Hollow Water
This documentary profiles the tiny Ojibway community of Hollow Water on the shores of Lake Winnipeg as they deal with an epidemic of sexual abuse in their midst. The offenders have left a legacy of denial and pain, addiction and suicide. The Manitoba justice system was unsuccessful in ending the cycle of abuse, so the community of Hollow Water took matters into their own hands. The offenders were brought home to face justice in a community healing and sentencing circle. Based on traditional practices, this unique model of justice reunites families and heals both victims and offenders. The film is a powerful tribute to one community’s ability to heal and create change.
What Does Justice Look Like?: The Struggle for Liberation in Dakota Homeland
During the past 150 years, the majority of Minnesotans have not acknowledged the immense and ongoing harms suffered by the Dakota People ever since their homelands were invaded over 200 years ago. Many Dakota people say that the wounds incurred have never healed, and it is clear that the injustices: genocide, ethnic cleansing, mass executions, death marches, broken treaties, and land theft; have not been made right. The Dakota People paid and continue to pay the ultimate price for Minnesota’s statehood.This book explores how we can embark on a path of transformation on the way to respectful coexistence with those whose ancestral homeland this is. Doing justice is central to this process. Without justice, many Dakota say, healing and transformation on both sides cannot occur, and good, authentic relations cannot develop between our Peoples.
Written by Wahpetunwan Dakota scholar and activist Waziyatawin of Pezihutazizi Otunwe, What Does Justice Look Like? offers an opportunity now and for future generations to learn the long-untold history and what it has meant for the Dakota People. On that basis, the book offers the further opportunity to explore what we can do between us as Peoples to reverse the patterns of genocide and oppression, and instead to do justice with a depth of good faith, commitment, and action that would be genuinely new for Native and non-Native relations.
Making Love and Relations Beyond Settler Sexuality
Lecture as part of the Social Justice Institute Noted Scholars Lecture Series, co-presented by the Ecologies of Social Difference Research Network at the University of British Columbia.