Ethics and Political Philosophy Commons^™

Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang

All Faculty Scholarship

Our aim in this essay is to leverage archival research, data and theoretical perspectives presented in our book, Rights and Retrenchment: The Counterrevolution against Federal Litigation, as a means to illuminate the prospects for retrenchment in the current political landscape. We follow the scheme of the book by separately considering the prospects for federal litigation retrenchment in three lawmaking sites: Congress, federal court rulemaking under the Rules Enabling Act, and the Supreme Court. Although pertinent data on current retrenchment initiatives are limited, our historical data and comparative institutional perspectives should afford a basis for informed prediction. Of course, little in …

Informed Consent And The Role Of The Treating Physician, Eric Feldman, Holly Fernandez Lynch, Steven Joffe

All Faculty Scholarship

In the century since Justice Benjamin N. Cardozo famously declared that “[e]very human being of adult years and sound mind has a right to determine what shall be done with his own body,” informed consent has become a central feature of American medical practice. In an increasingly team-based and technology-driven system, however, who is — or ought to be — responsible for obtaining a patient’s consent? Must the treating physician personally provide all the necessary disclosures, or can the consent process, like other aspects of modern medicine, take advantage of specialization and division of labor? Analysis of Shinal v. Toms, …

Karl Marx And Liberation Theology: Dialectical Materialism And Christian Spirituality In, Against, And Beyond Contemporary Capitalism, Peter Mclaren, Petar Jandrić

Education Faculty Articles and Research

This paper explores convergences and discrepancies between liberation theology and the works of Karl Marx through the dialogue between one of the key contemporary proponents of liberation theology, Peter McLaren, and the agnostic scholar in critical pedagogy, Petar Jandrić. The paper briefly outlines liberation theology and its main convergences with the works of Karl Marx. Exposing striking similarities between the two traditions in denouncing the false God of money, it explores differences in their views towards individualism and collectivism. It rejects shallow rhetorical homologies between Marx and the Bible often found in liberation theology, and suggests a change of focus …

A Martin Luther King Jr. Amendment To The U.S. Constitution: Toward The Abolition Of Poverty, Theodore Walker

Perkins Faculty Research and Special Events

Rev. Dr. Martin Luther King Jr. prescribed that we add an economic bill of rights to the U.S. Constitution. A King-Inspired bill of rights should include a constitutional amendment that enumerates a natural human right to be free from economic poverty, and appropriate enforcement legislation.

For the sake of abolishing slavery, the Thirteenth Amendment says:

(Section 1) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

(Section 2) Congress shall have power to enforce this article by …

Theater As A Civic Practice, Charlie Santos

Senior Honors Projects

Contemporary artists are working within a cultural moment saturated with political fervor. The ideologies of social and political movements such as Black Lives Matter, Queer Rights, and Gun Control weigh heavily on the minds of young artists. More and more, I see actors, writers, and creators struggling to reconcile their identities as artists and identities as political beings. How do artists resolve the internal dissonance between their artistic and political spheres? Is activist art an opportunity to synthesize these two spheres? Or might creating art for political ends pose ethical and/or aesthetic hazards? On the one hand, creating political art …

Environmental Sustainability For Business Success, Kailyn Cohen

Richard T. Schellhase Essay Prize in Ethics

No abstract provided.

An Ethnographic, Experimental Philosophical Inquiry Into Attitudes And Perceptions Toward Suicidality, Samantha Dawn Lilly

Summer Research

With the logical and analytical approaches of experimental philosophical inquiry and the qualitative methodologies of ethnography I was able to create an account of the ways that the initial moral assumption that “suicide is wrong” appears to be harmful, not only to the deceased, but to the survivors, and those who have previously attempted suicide. A possible normative solution to these harms would be to shift our current societal intuition that: "suicide is morally wrong" to understanding suicide as a social fact.

The Subversions And Perversions Of Shadow Vigilantism, Paul H. Robinson, Sarah M. Robinson

All Faculty Scholarship

This excerpt from the recently published Shadow Vigilantes book argues that, while vigilantism, even moral vigilantism, can be dangerous to a society, the real danger is not of hordes of citizens, frustrated by the system’s doctrines of disillusionment, rising up to take the law into their own hands. Frustration can spark a vigilante impulse, but such classic aggressive vigilantism is not the typical response. More common is the expression of disillusionment in less brazen ways by a more surreptitious undermining and distortion of the operation of the criminal justice system.

Shadow vigilantes, as they might be called, can affect the …

Our Principled Constitution, Mitchell N. Berman

All Faculty Scholarship

Suppose that one of us contends, and the other denies, that transgender persons have constitutional rights to be treated in accord with their gender identity. It appears that we are disagreeing about “what the law is.” And, most probably, we disagree about what the law is on this matter because we disagree about what generally makes it the case that our constitutional law is this rather than that.

Constitutional theory should provide guidance. It should endeavor to explain what gives our constitutional rules the contents that they have, or what makes true constitutional propositions true. Call any such account a …

Implementing Climate Change Research At Universities: Barriers, Potential And Actions, Walter Leal Filho, Edward A. Morgan, Eric S. Godoy, Ulisses M. Azeiteiro, Paula Bacelar-Nicolau, Lucas Veiga Ávila, Claudia Mac-Lean, Jean Hugé

Faculty Publications - Philosophy

Many universities around the world have been active centres of climate change research. However, there are a number of barriers to climate change research, stemming both from the nature of the research and the structure of institutions. This paper offers an overview of the barriers which hinder the handling of matters related to climate change at institutions of higher education (IHEs), and reports on an empirical study to investigate these barriers using a global survey of higher education institutions. It concludes by proposing some steps which could be followed with a view to making climate change more present and effective …

Corporations And Environmental Responsibility: Considering The Moral And Financial Implications Of Oil Spills, Fracking, And Controversial Pipelines, Sarah Becker

Richard T. Schellhase Essay Prize in Ethics

No abstract provided.

Baby M Turns 30: The Law And Policy Of Surrogate Motherhood, Eric A. Feldman

All Faculty Scholarship

This article marks the 30th anniversary of the Supreme Court of New Jersey’s Baby M decision by offering a critical analysis of surrogacy policy in the United States. Despite fundamental changes in both science and society since the case was decided, state courts and legislatures remain bitterly divided on the legality of surrogacy. In arguing for a more uniform, permissive legal posture toward surrogacy, the article addresses five central debates in the surrogacy literature.

First, should the legal system accommodate those seeking conception through surrogacy, or should it prohibit such arrangements? Second, if surrogacy is permitted, what steps can be …