Affirmative action as a state policy is one of the powerful ways of empowering the underprivileged in the society. While such a policy is aimed at lifting the economic and social condition of the underprivileged, this comes with acts that are discriminatory and exclusionary. Yet these acts are termed as positive discrimination. Certain sections of the society are excluded from having access to economic resources and opportunities, while these privileges are earmarked for another section of the society considered marginalized and (...) underprivileged. This is being done guided by the principle of distributive justice. While the principle carries sound moral basis, conceptualizing the deprived and mode of empowerment varies with states and society, thus throws up several challenges. Indian experience draws challenges of negotiating the dual presence of individual and collective in the theorizing—idea of empowerment is directed to an individual, but the identity of the individual is based on his/her social identity. The dual challenge of uplifting a caste/community through empowering an individual belonging to the group has raised several questions in terms of achieving the goal of distributive justice. While the principle of distributive justice aims at empowering the least privileged within an underprivileged group/community, this has not been an easy task. After seventy years of reservation policy a lot more initiative is still called for. There is perhaps need for deeper philosophical deliberation on the nature of empowerment, distributive justice, and the underlying moral foundations. Meaningful policy intervention must be built on well thought out theoretical deliberations. (shrink)

Affirmative action is standardly pursued in relation to admissions to prestigious universities, in hiring for prestigious jobs, and when it comes to being elected to parliament. Central to these forms of affirmative action is that they have to do with competitive goods. A good is competitive when, if we improve A’s chances of getting the good, we reduce B’s chances of obtaining the good. I call this Competitive Affirmative Action. I distinguish this from Non-competitive Affirmative Action. The latter has to (...) do with non-competitive goods, e.g., being granted early parole or freedom from arbitrary arrest. I argue that some of the most prominent objections against affirmative action—in particular, the reverse discrimination objection and the merit objection—speak less against Non-competitive Affirmative Action. And that some of the most prominent arguments in favor of affirmative action, insofar as they justify Competitive Affirmative Action, also justify Non-competitive Affirmative Action. (shrink)

Gender‐affirming care is almost exclusively discussed in connection with transgender medicine. However, this article argues that such care predominates among cisgender patients, people whose gender identity matches their sex assigned at birth. To advance this argument, we trace historical shifts in transgender medicine since the 1950s to identify central components of “gender‐affirming care” that distinguish it from previous therapeutic models, such as “sex reassignment.” Next, we sketch two historical cases—reconstructive mammoplasty and testicular implants—to show how cisgender patients offered justifications grounded (...) in authenticity and gender affirmation that closely mirror rationales supporting gender‐affirming care for transgender people. The comparison exposes significant disparities in contemporary health policy regarding care for cis and trans patients. We consider two possible objections to the analogy we draw, but ultimately argue that these disparities are rooted in “trans exceptionalism” that produces demonstrable harm.. (shrink)

I defend affirmative action on the ground that it increases certain people’s ability to exercise their basic liberties, rather than because it rectifies injustice in the narrow context of educational admission procedures. I present this justification using a Rawlsian contractualist framework to forge a “nonideal principle of justice.” Drawing on social science, I argue that this principle supports affirmative-action policies like those in the contemporary U.S., and blocks the objection that such policies are unfair. In closing, I show how my (...) account can be used to refine some features of contemporary affirmative-action policies, and I reflect more generally on the value of nonideal principles of justice for tackling exigent topics. (shrink)

This article investigates the hitherto under-examined relations between affirmative action, paternalism and respect. We provide three main arguments. First, we argue that affirmative action initiatives are typically paternalistic and thus disrespectful towards those intended beneficiaries who oppose the initiatives in question. Second, we argue that not introducing affirmative action can also be disrespectful towards these potential beneficiaries because such inaction involves a failure to adequately recognize their moral worth. Third, we argue that the paternalistic disrespect involved in affirmative action is (...) alleviated when the potential beneficiaries’ preferences against such initiatives are adaptive. We conclude that although there is a relevant sense in which paternalistic affirmative action is disrespectful, it may well be more disrespectful not to pursue such policies. (shrink)

I defend impact-based accounts of institutional racism against the criticism that they are over-inclusive. If having a negative impact on non-whites suffices to make an institution racist, too many institutions (including institutions whose affirmative action policies inadvertently harm its intended beneficiaries) would count as racist. To address this challenge, I consider a further necessary condition for these institutions to count as racist—they must stand in a particular relation to racist ideology. I argue that, on the impact-based model, institutions are racist (...) if they have a negative racial impact AND this impact is legitimized by racist ideology. Racist ideologies limit social criticism of and collective action against institutions that have a negative racial impact, and in so doing, lend stability to systems of racial domination. (shrink)

Posthuman affirmative ethics relies upon a fluid, nomadic conception of the ethical subject who develops affective, material and immaterial connections to multiple others. Our purpose in this paper is to consider what posthuman affirmative business ethics would look like, and to reflect on the shift in thinking and practice this would involve. The need for a revised understanding of human–animal relations in business ethics is amplified by crises such as climate change and pandemics that are related to ecologically destructive business (...) practices such as factory farming. In this analysis, we use feminist speculative fiction as a resource for reimagination and posthuman ethical thinking. By focusing on three ethical movements experienced by a central character named Toby in Margaret Atwood’s MaddAddam trilogy, we show how she is continually becoming through affective, embodied encounters with human and nonhuman others. In the discussion, we consider the vulnerability that arises from openness to affect which engenders heightened response-ability to and with, rather than for, multiple others. This expanded concept of subjectivity enables a more relational understanding of equality that is urgently needed in order to respond affirmatively to posthuman futures. (shrink)

Affirmative action is often implemented as a way of making redress to victims of past injustices. But critics of this practice have launched a three-pronged assault against it. Firstly, they point out that beneficiaries of preferential policies tend not to benefit to the same extent as they were harmed by past injustices. Secondly, when its defenders point to the wider benefits of affirmative action , critics maintain that such ends could never be sufficiently weighty to permit violating equal treatment. And, (...) thirdly, critics dispute whether the alleged benefits of affirmative action really ensue. I argue this three-pronged assault is flawed at the conceptual level. Firstly, it operates with an impoverished conception of redress. When X wrongs Y, X does not make exhaustive redress to Y by compensating Y for the harm Y suffered due to X’s wrong action. Redress also requires rectification of the wrong: X must put right the wrong done to Y by making adequate amends. While the means of compensation are determined by the extent of the harm for which compensation is due, the adequacy of amends for a wrong is less tightly controlled by the nature of the wrong. So, secondly, it is perfectly right that the choice of amends be informed by the prospect of wider benefits. Whether, thirdly, these benefits are in fact in prospect in the case of affirmative action is an empirical question which philosophy cannot answer. (shrink)

This paper argues that besides the critical and historically informed genealogies of his later work, Nietzsche also sketched genealogies that are not historically situated and that display an under-appreciated affirmative aspect. The paper begins by looking at two early examples of such genealogies where datable historical origins are clearly not at issue, which raises the question of what kind of origins Nietzsche is after. It is argued that these genealogies inquire into practical origins—into the original point of certain conceptual practices (...) given certain needs, and that this reflects Nietzsche’s instrumentalism about concepts. It is then argued that this focus lends the genealogies an affirmative dimension, because they present their object as naturalistically intelligible and practically indispensable. Finally, it is shown how the nature and limits of this affirmative dimension can be tentatively sharpened by connecting it to Nietzsche’s later notion of the economic justification of morality. (shrink)

My paper addresses a topic--the implications of Rawls's justice as fairness for affirmative action--that has received remarkably little attention from Rawls's major interpreters. The only extended treatments of it that are in print are over a quarter-century old, and they bear scarcely any relationship to Rawls's own nonideal theorizing. Following Christine Korsgaard's lead, I work through the implications of Rawls's nonideal theory and show what it entails for affirmative action: viz. that under nonideal conditions, aggressive forms of formal equality of (...) opportunity (e.g., sensitivity training, outreach efforts, external monitoring and enforcement) and compensating support (e.g., special fellowship programs, childcare facilities, mentoring, co-op opportunities, etc.) can be justified, but that "hard" and even "soft" quotas are difficult to defend under any conditions. I conclude the paper by exploring the implications of these surprising results for contemporary liberalism more broadly and for constitutional law and public policy. (shrink)

In this article, I examine the moral dimensions of gender affirmation. I argue that the moral value of gender affirmation is rooted in what Iris Murdoch called loving attention. Loving attention is central to the moral value of gender affirmation because such affirmation is otherwise too fragile or insincere to have such value. Moral reasons to engage in acts that gender affirm derive from the commitment to give and express loving attention to trans people as a (...) way of challenging their marginalization. In the latter part of the paper, I will discuss how my arguments bear on recent arguments by Robin Dembroff and Daniel Wodak (2018) on the use of gender-neutral language. They argue that we have a duty not to use gender-specific pronouns for anyone. Their conclusion turns, in part, on a rejection of gender affirmation as a moral duty. The value of gender affirmation, rooted in our moral perception of trans people, should make us skeptical of this conclusion, in favor of a more nuanced and pluralistic approach to the ethics of gendering. (shrink)

In light of many recent critiques of Western modernity and its conceptual foundations, the problem of adequately justifying our most basic moral and political values looms large. Without recourse to traditional ontological or metaphysical foundations, how can one affirm — or sustain — a commitment to fundamentals? The answer, according to Stephen White, lies in a turn to “weak” ontology, an approach that allows for ultimate commitments but at the same time acknowledges their historical, contestable character. This turn, White suggests, (...) is already underway. His book traces its emergence in a variety of quarters in political thought today and offers a clear and compelling account of what this might mean for our late modern self-understanding. (shrink)

Gender affirming hormone treatment is an important part of the care of trans adolescents which enables them to develop the secondary sexual characteristics congruent with their identified genders. There is an increasing amount of empirical evidence showing the benefits of gender affirming hormone treatment for psychological health and social well-being in this population. However, in several countries, access to gender affirming hormone treatment for trans adolescents has recently been severely restricted. While much of the opposition to gender affirming hormone treatment (...) for trans adolescents has in part been ideologically motivated, it also reflects a debate about whether there are harms that outweigh the benefits of the treatment. Accordingly, a systematic and comprehensive philosophical analysis of the ethics of gender affirming hormone treatment for trans adolescents is needed. Herein, I offer such an analysis that draws on the four principles of biomedical ethics by Tom Beauchamp and James Childress. Based on the considerations of beneficence, nonmaleficence, autonomy, and justice, I argue that the provision of access to gender affirming hormone treatment for consenting trans adolescents is ethically required and that the current restrictions to such treatment are ethically wrong. (shrink)

Affirmative action programs are not justified by compensatory justice. They place a disproportionate burden on white-male applicants. White-male applicants do not owe compensation because they committed a relevant wrongdoing or because they benefitted from another’s wrongdoing. They did not commit a relevant wrongdoing. Receipt of an unjust benefit, when unavoidable and mixed with hard work, does not justify a duty to compensate a victim of the injustice. Thus, the compensatory-justice argument for affirmative action fails.

We argue that extreme endurance sport can be valuable for some nonhuman animals. To make the case, we focus specifically on dogsled racing. We argue that, given certain views about the nature of self-affirmation, perceptual agency, and affordances, sled dogs are capable of realizing significant value through extreme endurance running. Because our focus is on the axiological question of the nature of the value of the sport for its participants, we do not claim that extreme dogsledding is ethical; indeed, (...) we acknowledge the morally objectionable aspects of the practice in its current form. Still, we offer our argument as a critical step in providing an adequate moral justification for a reformed model of dogsled racing. If it is permissible, that is likely because it offers some significant benefits to sled dogs. Given some assumptions about sled dogs’ capacity to be guided by both internal and external affordances, those benefits include self-affirmation. (shrink)

Affirming the consequent is a fallacious form of reasoning in formal logic that occurs when the minor premise of a propositional syllogism affirms the consequent of a conditional statement. A conditional statement is an “if‐then” sentence that expresses a link between the antecedent (the part after the “if”) and the consequent (the part after the “then”). A conditional statement does not assert either the antecedent or the consequent. It simply claims that if the antecedent is true, then the consequent is (...) also true. Although affirming the consequent is an invalid argument form and sometimes mistaken for, the valid argument form modus ponens. Modus ponens is a valid argument form in Western philosophy because the truth of the premises guarantees the truth of the conclusion; however, affirming the consequent is an invalid argument form because the truth of the premises does not guarantee the truth of the conclusion. (shrink)

Tragedy is a founding theme in disability studies. Critical disability studies have, since their inception, argued that understandings of disability as tragedy obscure the political dimensions of disability and are a barrier facing disabled persons in society. In this paper, we propose an affirmative understanding of tragedy, employing the philosophical works of Nietzsche, Spinoza and Hasana Sharp. Tragedy is not, we argue, something to be opposed by disability politics; we can affirm life within it. To make our case, we look (...) to an ongoing ethnography of two Canadian children’s rehabilitation clinics. Looking to the clinical experience of Canadian boys and young men diagnosed with Duchenne Muscular Dystrophy and those of their families, we show how this affirmative understanding of tragedy allows us to pursue the themes of disability politics within tragedy. Contrary to an optimism that would eschew tragedy at all costs or a pessimistic approach that declines to act in the face of tragic circumstance, we argue that a revised understanding of tragedy allows us to situate the occasionally-tragic clinical experience of disability in a philosophy of life. Both disability and tragedy point us to the shared entanglements that make life what it is. (shrink)

This is an important, curious book that is worth the effort it takes to get through it. It makes a distinctive case for the centrality of Nietzsche's grappling with nihilism, giving content to his notoriously thin notion of "affirming life," and it offers a nuanced account of "will to power," specifically in relation to Schopenhauer's "will to live." Among its curiosities are its method of extensive reliance on the collection of notes published as The Will to Power and its characterization (...) of a paradox at the core of Nietzsche's project: affirming life turns on embracing the idea that "will to power requires pain as one of the conditions of its satisfaction" . Only the second of these can be discussed here. And while the writing style tediously resembles a form of scholasticism that gets in the way of understanding what exactly Reginster is arguing, the book repays the reader's forbearance by offering some genuinely provocative ideas.Reginster's main project is to show how nihilism and its solution are central to Nietzsche's thinking about the "affirmation of life." This hinges on revaluing suffering as intrinsic to satisfying an ultimate desire to overcome resistance. In a nutshell, that is Nietzsche's "doctrine of the will to power," and it leads Reginster to claim that the. (shrink)

In this paper I respond to Robert Taylor's argument that a Rawlsian framework does not support strong affirmative action programs. The paper makes three main arguments. The first disputes Taylor's claim that strong AA would not be needed in ideal conditions. Private racial discrimination, I suggest, might still exist in such conditions, so strong AA might be needed there. The second challenges Taylor's claims that pure procedural justice constrains Rawlsian nonideal theory. I argue that this rests on a fetishizing of (...) pure procedural justice that is absent from Rawls's work. I also show that a revised formulation of Taylor's concern here also fails. My third argument makes a positive Rawlsian case for strong AA in nonideal conditions that builds on a Taylor concession. Taylor suggests that the goal of nonideal theory is to create a world in which ideal theory can be applied. My argument begins by showing that another permissible goal of Rawlsian nonideal theory is to ameliorate injustice. I then argue that Rawls's contractualist framework supports the strongest forms of AA when category 3 interventions are blocked. (shrink)

The aim of this article is to explore the worth of a materialist/posthumanist approach to ethics, specifically affirmative ethics, within the field of education. I work empirical material that ‘does’ this ethics in classrooms and draw on Deleuze’s ethically guided materialism as taken up by Braidotti, to gain purchase on it. Defined as a relational matter of human and non-human powers of acting in pursuit of affirmative values, affirmative ethics focuses up relations, forces and affects. It poses considerable challenges to (...) a normalised construction of ethics as located solely within a constituted human subject with moral intentionality as its core. Affirmative ethics presents empirically as an emergent property of relational assemblages of human and more than human elements that bring ethical subjectivity into effect. Pedagogy and curriculum perform a constitutive role in these assemblages, as does pedagogic affect, showing how this ethics can be activated. A materialist affirmative ethics makes for a multi-faceted and generative practice of ethics. Oriented to collectivity and with relationality ‘built-in’, it has the potential to play a significant role in the reconstitution of individualised subjectivity which neoliberal modes of governance continue to advance in education. (shrink)

One popular criticism of affirmative action is that it discriminates against those who would otherwise have been offered jobs without it. This objection must rely on the non- consequentialist distinction between what we do and what we merely allow to claim that doing nothing merely allows people to be harmed by the discrimination of others, while preferential programs actively harm those left out. It fails since the present effects of past discrimination result from social arrangements which result from actions of (...) ours. We can be responsible for the effects of past discrimination, even without having discriminated, if we are responsible for that discrimination having those effects. (shrink)

A significant body of evidence shows that law schools and many elite colleges use large admissions preferences based on race, and other evidence strongly suggests that large preferences can undermine student achievement in law school and undergraduate science majors, thus producing highly counterproductive effects. This article draws on available evidence to examine the use of racial preferences in medical school admissions, and finds strong reasons for concern about the effects and effectiveness of current affirmative action efforts. The author calls for (...) better data and careful investigation of several identified patterns. (shrink)

In A Theory of Justice, John Rawls presents a method of determining how a just society would allocate its "primary goods"-that is,those things any rational person would desire, such as opportunities, liberties,rights, wealth, and the bases of self-respect. (1) Rawls' method of adopting the"original position" is supposed to yield a "fair" way of distributing such goods.A just society would also have the need (unmet in the above work) to determine how the victims of injustice ought to be compensated, since history (...) suggests that social contracts are likely to be violated. This paper is an attempt to determine the remedial measures that would be selected using Rawls' method. I contend that only two of the three most widely used "affirmative action" policies would be selected from the original position. I also sketch another compensatory policy that would pass Rawls' fairness test. (shrink)

This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...) worldwide phenomena, the international scholarly literature reflects limited awareness of these developments in Canadian law. This article remedies that gap in the literature. The Canadian experience with the definition of sexual consent as communicated “voluntary agreement” demonstrates the value of this conceptualization of consent; the definition provides a well-defined set of nondiscretionary reference points for legal analysis of the facts in sexual assault offenses. The effect is to facilitate effective enforcement of the sexual assault laws and affirm the right to sexual autonomy, sexual self-determination, and equality, consistent with fundamental principles of individual human rights. For all these reasons, familiarity with the Canadian experience may be useful to those engaged with the reform of rape and sexual assault laws in other jurisdictions. (shrink)

A travers une analyse des concepts d’affirmation originaire, d’attestation et de reconnaissance, cet article tente de reconstituer le sens et les motivations du cheminement réflexif qui conduit Ricœur de L’Homme faillible à Soi-même comme un autre et à Parcours de la reconnaissance . Pour ce faire, il s’efforce d’abord de montrer ce qui fait la continuité profonde, de problématique et de méthode, du projet anthropologique ricœurien; afin de dégager ensuite les difficultés centrales liées à l’idée d’une constitution poétique du (...) soi, qui conduisent Ricœur à réélaborer les concepts directeurs de son herméneutique du soi. A la lumière du dialogue constant de Ricœur avec la philosophie de Nabert, il tente enfin de montrer comment les concepts d’attestation et de reconnaissance trouvent, pour l’essentiel, leur genèse dans un approfondissement de la notion d’affirmation originaire, lui-même prolongé par une réflexion sur le témoignage.  . (shrink)

I argue that the post-1990 practice of giving leadership positions in companies to non-ex-communists is an example of affirmative action.

The transgender experience predicts that the gender affirming pathway is undertaken. The gender affirmation process is not mandatory, and the process is not the same for all people. Affirmation of gender is a social determinant of transgender and gender diverse (TGD) health, but which also has a multidimensional structure: social, legal, psychological, and medical. At this point, however, it is necessary to understand the type of pathway that TGD people can undertake in Italy, so the purpose of this (...) paper is to make the articulation of the pathway known and explicit, trying to detect the sociological aspects and the impacts that the various components of the gender affirming pathway require. The gender affirming pathway in Italy is characterized by many critical issues: it is focused on the affirmation of medical, legal, and psychological dimensions; however, the affirmation of social gender is also important to promote their integration into society, their health and general well-being. In conclusion, it is necessary to develop and implement research and concrete impacts of social gender affirmation, the potential of which is to reduce inequalities, in general, and health, which negatively impact the Italian TGD individuals. (shrink)

This article is about the potential justification for deploying some form of affirmative action (AA) in the context of healthcare, and in particular in relation to the pandemic. We call this Affirmative Action in healthcare Resource Allocation (AARA). Specifically, we aim to investigate whether the rationale and justifications for using prioritization policies based on race in education and employment apply in a healthcare setting, and in particular to the COVID-19 pandemic. We concentrate in this article on vaccines and ventilators because (...) these are both highly scarce resources in the pandemic, and there has been a need to develop policies for allocating them. However, as will become clear, the ethical considerations relating to them may diverge. We first set out two rationales for AAs and what they might entail in a healthcare setting. We then consider some disanalogies between AA and AARA, as well as the different implications of AARA for allocating ventilators as opposed to vaccines. Finally, we consider some of the practical ways in which AARA could be implemented, and conclude by responding to some key objections. (shrink)

The thesis of this paper is that an argument's possessing the form of affirming the consequent does not suffice to make its premises at all favorably relevant to its conclusion. In support of this thesis I assume two premises and argue for a third. My two assumptions are these: (1) that an argument's possessing the form of affirming the consequent does not suffice to make its conclusion certain relative to its premises (this is widely, if not universally, acknowledged by writers (...) on logic), and (2) premises are favorably relevant to a conclusion only if it is certain or probable relative to them (I argued for this in an earlier paper). The premise I argue for in this paper is that an argument's possessing the form of affirming the consequent does not suffice to make its conclusion probable relative to its premises. To establish this third premise, I first refute a defense of the contrary position (namely, that an argument's possessing the form of affirming the consequent suffices to make its conclusion probable relative to its premises), then offer counterexamples to that position, and finally demonstrate the failure of several attempts to save it. (shrink)

Nihilism -- Overcoming disorientation -- The will to power -- Overcoming despair -- The eternal recurrence -- Dionysian wisdom.

‘IB was one of the great affirmers of our time.’ John Banville, New York Review of Books The title of this final volume of Isaiah Berlin’s letters is echoed by John Banville’s verdict in his review of its predecessor, Building: Letters 1960–75, which saw Berlin publish some of his most important work, and create, in Oxford’s Wolfson College, an institutional and architectural legacy. In the period covered by this new volume (1975–97) he consolidates his intellectual legacy with a series of (...) essay collections. These generate many requests for clarification from his readers, and stimulate him to reaffirm and sometimes refine his ideas, throwing substantive new light on his thought as he grapples with human issues of enduring importance. Berlin’s comments on world affairs, especially the continuing conflict between Israel and the Palestinians, and the collapse of Communism, are characteristically acute. This is also the era of the Northern Ireland Troubles, the Iranian revolution, the rise of Solidarity in Poland, the Chernobyl nuclear disaster, the fall of the Berlin Wall, Ayatollah Khomeini’s fatwa against Salman Rushdie, the spread of Islamic fundamentalism, and wars in the Falkland Islands, the Persian Gulf and the Balkans. Berlin scrutinises the leading politicians of the day, including Reagan, Thatcher and Gorbachev, and draws illuminating sketches of public figures, notably contrasting the personas of Alexander Solzhenitsyn and Andrey Sakharov. He declines a peerage, is awarded the Agnelli Prize for ethics, campaigns against philistine architecture in London and Jerusalem, helps run the National Gallery and Covent Garden, and talks at length to his biographer. He reflects on the ideas for which he is famous – especially liberty and pluralism – and there is a generous leavening of the conversational brilliance for which he is also renowned, as he corresponds with friends about politics, the academic world, music and musicians, art and artists, and writers and their work, always displaying a Shakespearean fascination with the variety of humankind. Affirming is the crowning achievement both of Berlin’s epistolary life and of the widely acclaimed edition of his letters whose first volume appeared in 2004. (shrink)

Though the common sense defense of affirmative action (or employment equity) appeals to principles of restitution, philosophers have tried to defend it in other ways. In contrast, I defend it by appealing to the notion of restitution, arguing (1) that alternative attempts to justify affirmative action fail; and (2) that ordinary affirmative action programs need to be supplemented and amended in keeping with the principles this suggests.

In the context of state educational institutions, young white males are owed a duty to respect their interest or desert tokens. Not all white males have waived this duty since many white males have not performed the relevant types of culpable wrongdoing. Merely having benefitted from an unjust injury act or being a member of a community that owe a debt of compensation to racial minorities and women are not sufficient grounds to override the duty owed to the white male. (...) Since the three most plausible attempts to provide a compensatory justice justification for strong affirmative action programs at state educational institutions fail, I conclude that the following is false. (1) Other things being equal, a state educational institution may choose to hire a less qualified candidate over a more qualified candidate because the weight given to the race or gender of the less qualified candidate relates to the elimination of a debt of compensatory justice. Hence, unless strong affirmative action programs at state educational institutions can be justified by reference to some other value, such as the value of diversity, the state ought to eliminate such programs. (shrink)

In this essay I explore the nature of Deleuze’s commitment to an affirmative naturalism that is based on certain Epicurean principles and insights. The essay is divided into two main parts. In the first part I bring to light some of the key features of Lucretius’s great poem on the nature of things, and I do so with the aid of Bergson and his reading of the teaching as fundamentally melancholic. In the second part I switch my attention to Deleuze (...) and show how he links together physics and ethics as a way of providing an emancipatory and affirmative philosophy of life and one that aims to defeat sadness. In the conclusion I return to the question of melancholy and indicate how the problem might be best negotiated. (shrink)

In his posthumously published Living Up to Death Paul Ricoeur left an impressive testimony on what it means to live at a high old age with death approaching. In this article I present him as a teacher who reminds us of valuable lessons taught by patients in palliative care and their caretakers who accompany them on their way to death, and also as a guide in our search for a modern ars moriendi, after—what many at least experience as—the breakdown of (...) traditional religious belief in a personal afterlife. These lessons can be summarized in the following theses. ‘Living up to death, one cannot experience one’s own death. Therefore, never consider someone dying as moribund’. ‘Though everybody is alone in dying, nobody should die alone.’ ‘The preparation for death is an affirmation of life’. ‘Life experienced as a gift can be given up’. The plausibility of the last thesis, however, may go beyond the confines of austere philosophical thinking. (shrink)

This chapter contains sections titled: Forward‐looking Arguments Backward‐looking Arguments.

In the Ethics, Spinoza advances two apparently irreconcilable construals of will [voluntas]. Initially, he presents will as a shorthand way of referring to the volitions that all ideas involve, namely affirmations and negations. But just a few propositions later, he defines it as striving when it is “related only to the mind” (3p9s). It is difficult to see how these two construals can be reconciled, since to affirm or assent to some content is to adopt an attitude with a cognitive (...) (mind-to-world) direction of fit, while to strive to persevere in one’s being would seem to be to adopt an attitude with a conative (world-to-mind) direction of fit. Attempting to achieve consistency by taking striving under the attribute of thought to consist in affirming only pushes the equivocation problem onto the concept of affirmation (Lin 2019). It would seem, then, that Spinoza equivocates on the concepts of will, affirmation, or perhaps both. I defend the univocity of Spinoza’s accounts of will and affirmation, showing that it comports with established accounts of affirmation in early modern philosophy and yields a clear, uniform account of what it means to strive under the attribute of thought, preserving the systematicity of Spinoza’s account of mind in ways that other interpretations do not. (shrink)

Rosi Braidotti's contribution to the Deleuze Studies Conference 2016 held in Rome, later transcribed and then revised by the author, points firmly to the current need for an affirmative thinking approach, actively standing to the present, while assessing its becoming and imagining new configurations. Saying yes to the world, being worthy of it, does not entail passive acceptance but rather the activation of transformative and critical thinking. To this aim, Braidotti looks at Deleuze as well as at feminist theory. The (...) ontology of immanence turns into a materialist, collective, vital, embodied and relational ethics. (shrink)

There is widespread agreement among both supporters and opponents that affirmative action either must not violate any principle of equal opportunity or procedural justice, or if it does, it may do so only given current extenuating circumstances. Many believe that affirmative action is morally problematic, only justified to the extent that it brings us closer to the time when we will no longer need it. In other words, those that support affirmative action believe it is acceptable in nonideal theory, but (...) not ideal theory. This paper argues that affirmative action is entirely compatible with equal opportunity and procedural justice and would be even in an ideal world. I defend a new analysis of Rawlsian procedural justice according to which it is permissible to interfere in the outcomes of procedures, and thus I show that affirmative action is not morally problematic in the way that many have supposed. (shrink)

This chapter contains sections titled: Rectifying Injustice Consequentialist Arguments Conclusion.

The “diversity” framework the Supreme Court has imposed on affirmative action weakens its justice import in theory and practice. The increasing alignment of wealth with attendance at selective institutions betokens a diminishing quality of student at those institutions. So some of the perceived advantages of affirmative action rely on an increasingly false sense of the quality differences between more and less highly-ranked institutions. Aligning those rankings with the quality of student (and quality of instruction at the different kinds of institution) (...) would have the net effect of benefiting black and Latino students as a group. More generally, improving the quality of education and the standing of less selective higher education institutions is an urgent racial educational justice challenge of the current moment, from which affirmative action diverts attention. (shrink)

This chapter focuses on one of the common fallacies in Western philosophy called 'affirming a disjunct' (AAD). It presents a few examples of fallacies in arguments caused by an ambiguity in the English word or. Because context makes the meaning clear in everyday usage, we might never have thought about this ambiguity before, but we actually use the word or in two very distinct ways. One type of or is known as “inclusive”, and the other type is known as “exclusive”. (...) AAD occurs when someone mistakenly believes that an inclusive or is an exclusive or. Importantly, not every or statement can fall prey to AAD. The argument known as a disjunctive syllogism sets out two possibilities that are mutually exclusive. When someone is dead, she/he is not alive, and when someone is alive, she/he is not dead. (shrink)