Arts and Humanities Commons^™

Neutrality, Autonomy, And Power, Eldar Sarajlic

Publications and Research

This paper critically examines Alan Patten’s theory of neutrality of treatment. It argues that the theory assumes an inadequate conception of personal autonomy, which undermines its plausibility. However, I suggest that the theory can resolve the problem by developing and reinterpreting its conception of autonomy and introducing an additional strategy for addressing the power imbalances that result from the market-based interactions between individuals and their conceptions of the good.

The Challenge Of Teaching Chinese Philosophy: Some Thoughts On Method, Andrew Lambert

Publications and Research

In this essay I offer an alternative perspective on how to organize class material for courses in Chinese philosophy for predominately American students. Instead of selecting topics taken from common themes in Western discourses, I suggest a variety of organizational strategies based on themes from the Chinese texts themselves, such as tradition, ritual, family, and guanxi (關係), which are rooted in the Chinese tradition but flexible enough to organize a broad range of philosophical material.

The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael

Graduate Student Publications and Research

What is the law and society framework and where has it gotten us? A student in a classroom might raise their hand and offer "understanding legal pluralism" as a possible answer. However, the conceptual problem with legal pluralism is the coexistence of potentially conflicting bases of justification. Given this, desiring to understand how the law shapes the structural underpinnings of whichever "legal" phenomena and its "ongoing transformation", is nevertheless an immense achievement that stops short of its underlying goal – the achievement of human dignity through human rights. For example, to talk about 'multi-stakeholder consultations' and other pithy phrases that …

Abortion And The Right To Not Be Pregnant, James E. Mahon

Publications and Research

In this paper I defend Judith Jarvis Thomson's 'Good Samaritan Argument' (otherwise known as the 'feminist argument') for the permissibility of abortion, first advanced in her important, ground-breaking article 'A Defense of Abortion' (1971), against objections from Joseph Mahon (1979, 1984). I also highlight two problems with Thomson's argument as presented, and offer remedies for both of these problems. The article begins with a short history of the importance of the article to the development of practical ethics. Not alone did this article put the topic of the abortion on the philosophical map, but it made 'practical ethics' in the …

Confucian Thought And Care Ethics: An Amicable Split?, Andrew Lambert

Publications and Research

Since Chenyang Li’s (1994) groundbreaking article there has been interest in reading early Confucian ethics through the lens of care ethics. In this paper, I examine the prospects for dialogue between the two in light of recent work in both fields.

I argue that, despite some similarities, early Confucian ethics is not best understood as a form of care ethics, of the kind articulated by Nel Noddings (1984, 2002) and others. Reasons include incongruence deriving from the absence in the Chinese texts of a developed account of need, and doubts about whether the parent-child relationship in Confucian thought is best …

Daoism And Disability, Andrew Lambert

Publications and Research

Ideas found in the early Daoist texts can inform current debates about disability, since the latter often involve assumptions about personhood and agency that Daoist texts do not share. The two canonical texts of classical Daoism, the Daodejing and the Zhuangzi, do not explicitly discuss disability as an object of theory or offer a model of it. They do, however, provide conceptual resources that can enrich contemporary discussions of disability. Two particular ideas are discussed here. Classical Daoist thinking about the body undermines normative assumptions about it that attributions of ‘disabled’ often depend upon; and Daoism vividly problematises the …