Analytic Feminism

In this paper, I raise and respond to the question of why females are underrepresented in parts of philosophy which one might classify as feminine.

(Added April 2023: This draft is superseded by Briggs, R.A., & George, B.R. (2023). 'What Even Is Gender?'. Routledge. DOI 10.4324/9781003053330, and in particular by the first three chapters thereof. While this much earlier draft remains available for archival purposes, you are encouraged to read and cite the 2023 book and to use its terminology.) -/- This paper presents a new taxonomy of sex/gender concepts based on the idea of starting with a few basic components of the sex/gender system, and (...) exhausting the possible types of simple associations and identities based on these. The resulting system is significantly more fine-grained than most competitors, and helps to clarify a number of points of confusion and conceptual tension in academic and activist conversations about feminism, transgender politics, and the social analysis of gender. (shrink)

One of the key insights of Simone de Beauvoir’s The Second Sex is the idea that gender-based subordination is not just something done to women, but also something women do to themselves. This raises a question about ethical responsibility: if women are complicit, or actively implicated in their own oppression, are they at fault? Recent Beauvoir scholarship remains divided on this point. Here, I argue that Beauvoir did, in fact, ethically criticize many women for their complicity, as a sign of (...) what she called “bad faith”. I challenge recent accounts by Nancy Bauer and Manon Garcia, who both read Beauvoir as exonerating complicit women. According to this reading, women emerge as human “freedoms” within a social world where a “destiny” of inferiority is already prepared for them. Their self-subordination is then an inevitable product of acting in a patriarchal world. I argue, however, that this interpretation generates a crucial tension, leading Bauer and Garcia to call on women to stop being complicit, while also claiming they cannot avoid complicity. I propose instead a different interpretation, on which feminine complicity is often fueled by criticizable ethical attitudes that are far from inevitable. By revisiting Beauvoir’s notion of “bad faith”, I show that this account is compatible with recognizing the limitations imposed on women’s agency and I show that this feminist ethical criticism is itself an important part of a collective project of social transformation. (shrink)

According to the dispositional account of gender, to have a gender is to have some set of behavioral dispositions. Robin Dembroff (2020) levels a strong objection to Jennifer McKitrick’s (2015) dispositional view of gender, arguing that it can neither capture the extension of genderqueer identities nor treat them with the respect that they warrant. In this paper, I offer a defense of the dispositional view against these charges. I argue that accounts of dispositions tailored to deal with masks and finks—phenomena (...) that would prevent a disposition from manifesting or change a disposition if it were about to manifest—can avoid Dembroff’s extensional worry without reducing nonbinary identities to a matter of mere linguistic convention. I offer a revision to the dispositional account of genderqueer that incorporates Dembroff’s insights about the nature of destabilizing gender binaries. (shrink)

J.L. Austin argues that ordinary language should be used to identify when it is appropriate or inappropriate to make, accept, or reject knowledge claims. I criticize Austin’s account: In our ordinary life, we often accept justifications rooted in racism, sexism, ableism, and classism as reasons to dismiss knowledge claims or challenges, despite the fact such reasons are not good reasons. Austin’s Ordinary Language Epistemology (OLE) classifies the discounting of knowledge claims in classic cases of epistemic injustice as legitimate ordinary maneuvers. (...) I provide recommendations for revision of OLE and offer a means of distinguishing between dismissals in cases of epistemic injustice and their legitimate counterparts. (shrink)

Following Talia Mae Bettcher, many philosophers distinguish between ethical and epistemic conceptions of the first-person authority that we have over our gender identities. Rather than construing this authority as explained by our superior epistemic access to our own gender identities, many have argued that we should view this authority as explained by ethical obligations that we have towards others. But such views remain silent on what we ought to believe about others’ gender identities: when someone avows their gender identity, should (...) we believe them? Or is it enough to merely act as though we do? In this paper, I argue that mere action is not enough: we ought to believe what others say about their gender identities. I present several cases that motivate the claim that there is something distinctively wrong with merely ‘playing along’ with what another person says about their gender identity. I offer several answers for what explains why such cases involve wrongs. I argue that an adequate account of FPA cannot remain silent on belief but must instead take on an epistemic norm of FPA in addition to an ethical norm of FPA. (shrink)

An important question confronting feminist philosophers is why women are sometimes complicit in their own subordination. The dominant view holds that complicity is best understood in terms of adaptive preferences. This view assumes that agents will naturally gravitate away from subordination and towards flourishing as long as they do not have things imposed on them that disrupt this trajectory. However, there is reason to believe that ‘impositions’ do not explain all of the ways in which complicity can arise. This paper (...) defends a phenomenological account of complicity, which offers an alternative explanation. (shrink)

The High Court continues to exercise its inherent jurisdiction to make declarations about interventions into the lives of situationally vulnerable adults with mental capacity. In light of protective responses of health care providers and the courts to decision-making situations involving capacitous vulnerable adults, this paper has two aims. The first is diagnostic. The second is normative. The first aim is to identify the harms to a capacitous vulnerable adult’s autonomy that arise on the basis of the characterisation of situational vulnerability (...) and autonomy as fundamentally opposed concepts or the failure to adequately acknowledge the conceptual relationship between them at common law. The second part of this aim is to draw upon developments in analytic feminist philosophy to illustrate how standard approaches to autonomy are ill-equipped to capture the autonomy issues of capacitous vulnerable adults when their decisions regarding care and treatment are at stake. The second (normative) aim is to develop an account of self-authorised, intersubjective autonomy on the basis of analytic feminist insights into the relational practices of recognition. This account not only attempts to capture the autonomy of capacitous vulnerable adults and account for the necessary harms to their autonomy that arise from standard common law responses to their situational vulnerability, it is also predicated on the distinctions between mental capacity, the satisfaction of conditions for informed consent and the exercise of autonomy, meaning that it is better placed to fulfil the primary aim of the inherent jurisdiction – to facilitate the autonomy of vulnerable adults with capacity. (shrink)

Anger is often an appropriate reaction to harms and injustices, but is it a politically beneficial one? Martha Nussbaum (Journal of the American Philosophical Association 1 (1), 41–56, 2015, Anger and Forgiveness. Oxford University Press, 2016) has argued that, although anger is useful in initially recruiting agents for action, anger is typically counterproductive to securing the political aims of those harmed. After the initial shockwave of outrage, Nussbaum argues that to be effective at enacting positive social change, groups and individuals (...) alike, must move quickly out of the state of anger. Feminist theorists (Frye, The Politics of Reality. Crossing Press, 1983; Lorde, 1997; Narayan, Hypatia 3 (2): 31–48, 1988) on the other hand have for long highlighted the efficacy of anger, as well as its moral and epistemic value, in fighting against the oppressive status quo. It might be thought therefore that for political action to be effective, a continued state of anger is preferable. Protestors must after all create and sustain a sense of moral obligation and justice. A main way of doing so is to promote successive moral shocks that trigger outrage (Jasper, Emotion Review 6 (3): 208–213, 2014). I present a novel, empirically informed defense of anger’s efficacy in political action. Nussbaum holds a traditional view on the nature of anger, inherited from Aristotle and the Stoics, which holds that anger constitutively involves a desire for retribution. The view that anger is counterproductive falls out of this and is dominant in academic work as well as in our personal and political lives. Based on work in social psychology, I argue that we need to reconsider this. In doing so, I highlight anger’s aim for recognition, rather than retribution, as key. Furthermore, I uncover conditions for anger’s political efficacy, as well as reasons for why the traditional view of anger has been so pervasive. (shrink)

Suppose that you are engaging with someone who is your oppressor, or someone who espouses a heinous view like Nazism or a ridiculous view like flat-earthism. In contexts like these, there is a disparity between you and your interlocutor, a dramatic normative difference across which you are in the right and they are in the wrong. As theorists of humility, we find these contexts puzzling. Humility seems like the *last* thing oppressed people need and the *last* thing we need in (...) dealing with those whose views are heinous or ridiculous. Responding to such people via humility seems uncalled for, even inappropriate. But how could this be, given that humility is a *virtue*? The purpose of the paper is to explore this puzzle. We explain what the puzzle is and then attempt to draw some lessons from it: first, the lesson that the importance of humility is limited in several ways, and second, the lesson that humility nonetheless has several important roles to play, even for people who are in the right in contexts of disparity. (shrink)

This paper develops and articulates a metaphysics of intersectionality, the idea that multiple axes of social oppression cross-cut each other. Though intersectionality is often described through metaphor, theories of intersectionality can be formulated using the tools of contemporary analytic metaphysics. A central tenet of intersectionality theory, that intersectional identities are inseparable, can be framed in terms of explanatory unity. Further, intersectionality is best understood as metaphysical and explanatory priority of the intersectional category over its constituents, akin to metaphysical priority of (...) the whole over its parts. (shrink)

Contextualist accounts of “woman,” including Saul (2012), Diaz-Leon (2016), and Ichikawa (2020), aim to capture the variability of the meaning of the term, and do justice to the rights of trans women. I argue that (i) there is an internal tension between a contextualist stance and the commitment to trans-inclusive language, and that (ii) we should recognize and tackle the broader and deeper theoretical and practical difficulties implicit in the semantic debates, rather than collapsing them all into semantics. Moving on, (...) I sketch three strategies to help us advance feminist philosophical endeavors, including how attending to contextual matters can lead us to further reflect on the meta-contextual, such as our role in shaping contexts and whether the working of language is indicative of a larger oppressive social structure. (shrink)

We want to know what gender is. But metaphysical approaches to this question solely have focused on the binary gender kinds men and women. By overlooking those who identify outside of the binary–the group I call ‘genderqueer’–we are left without tools for understanding these new and quickly growing gender identifications. This metaphysical gap in turn creates a conceptual lacuna that contributes to systematic misunderstanding of genderqueer persons. In this paper, I argue that to better understand genderqueer identities, we must recognize (...) a new type of gender kind: critical gender kinds, or kinds whose members collectively destabilize one or more pieces of dominant gender ideology. After developing a model of critical gender kinds, I suggest that genderqueer is best modeled as a critical gender kind that destabilizes the ‘binary axis’, or the piece of dominant gender ideology that says that the only possible genders are the binary, discrete, exclusive, and exhaustive kinds men and women. (shrink)

Val Plumwood’s 1993 paper, “The politics of reason: towards a feminist logic” (hence- forth POR) attempted to set the stage for what she hoped would begin serious feminist exploration into formal logic – not merely its historical abuses, but, more importantly, its potential uses. This work offers us: (1) a case for there being feminist logic; and (2) a sketch of what it should resemble. The former goal of Plumwood’s paper encourages feminist theorists to reject anti-logic feminist views. The paper’s (...) latter aim is even more challenging. Plumwood’s critique of classical negation (and classical logic) as a logic of domination asks us to recognize that particular logical systems are weapons of oppression. Against anti-logic feminist theorists, Plumwood argues that there are other logics besides classical logic, such as relevant logics, which are suited for feminist theorizing. Some logics may oppress while others may liberate. We provide details about the sources and context for her rejection of classical logic and motivation for promoting relevant logics as feminist. (shrink)

The debate regarding the role of conscientious objection in healthcare has been protracted, with increasing demands for curbs on conscientious objection. There is a growing body of evidence that indicates that in some cases, high rates of conscientious objection can affect access to legal medical services such as abortion—a major concern of critics of conscientious objection. Moreover, few solutions have been put forward that aim to satisfy both this concern and that of defenders of conscientious objection—being expected to participate in (...) the provision of services that compromise their moral integrity. Here we attempt to bring some resolution to the debate by proposing a pragmatic, long-term solution offering what we believe to be an acceptable compromise—a quota system for medical trainees in specialties where a conscientious objection can be exercised, and is known to cause conflict. We envisage two main objectives of the quota system we propose. First, as a means to introduce conscientious objection into countries where this is not presently permitted. Second, to minimise or eliminate the effects of high rates of conscientious objection in countries such as Italy, where access to legal abortion provision can be negatively affected. (shrink)

Whereas intersectionality presents a fruitful framework for theoretical and empirical research, some of its fundamental features present great confusion. The term ‘intersectionality’ and its metaphor of the crossroads seem to reproduce what it aims to avoid: conceiving categories as separate. Despite the attempts for developing new metaphors that illustrate the mutual constitution relation among categories, gender, race or class keep being imagined as discrete units that intersect, mix or combine. Here we identify two main problems in metaphors: the lack of (...) differentiation between positions and effects and the problem of reification. We then present a new metaphor that overcomes these two problems: a basket of apples. We argue that considering social positions as the diverse properties of different apples avoids reification by considering categories as properties and not as objects themselves, and at the same time it allows us to think about the effects dimension from a plural and contextual approach. With this shift, we propose a reframing of the discussion in debates on intersectionality theory on the relation among categories, their in/separability and fragmentation. (shrink)

In this paper, I engage with a recent contextualist account of gender terms proposed by Díaz-León, E. 2016. “Woman as a Politically Significant Term: A Solution to the Puzzle.” Hypatia 31 : 245–58. Díaz-León’s main aim is to improve both on previous contextualist and non-contextualist views and solve a certain puzzle for feminists. Central to this task is putting forward a view that allows trans women who did not undergo gender-affirming medical procedures to use the gender terms of their choice (...) to self-identify. My goal is to investigate Díaz-León’s proposal, point out several shortcomings of the view and discuss possible replies on her part. (shrink)

Recently, there has been a concerted effort to shift bioethics’ traditional focus from clinical and research settings to more robustly engage with issues of justice and health equity. This broader bioethics agenda seeks to embed health related issues in wider institutional and cultural contexts and to help develop fair policies. In this paper, we argue that bioethicists who ascribe to the broader bioethics’ agenda could gain valuable insights from the interdisciplinary field of environmental justice and transportation justice, in particular. We (...) then proceed to demonstrate the importance of adopting an intersectional approach to transportation and health. The paper concludes with the argument that intersectional gender inequality is of particular importance when studying both health equity and the unequal distribution of burdens associated with transportation systems in local contexts. This essay is meant to be the beginning of a robust conversation concerning health equity, transportation justice, and intersectional distributions of both benefits and burdens. (shrink)

In her book, Down Girl, Manne proposes to uncover the “logic” of misogyny, bringing clarity to a notion that she describes as both “loaded” and simultaneously “politically marginal.” Manne is aware that full insight into the “logic” of misogyny will require not just a “what” but a “why.” Though Manne finds herself largely devoted to the former task, the latter is in the not-too-distant periphery. -/- Manne proposes to understand misogyny, as a general framework, in terms of what it does (...) to women. Misogyny, she writes, is a system that polices and enforces the patriarchal social order (33). That’s the “what.” As for the “why,” Manne suggests that misogyny is what women experience because they fail to live up to the moral standards set out for women by that social order. I find Manne’s analysis insightful, interesting, and well argued. And yet, I find her account incomplete. While I remain fully convinced by her analysis of what misogyny is, I am less persuaded by her analysis of why misogyny is. For a full analysis of the “logic” of misogyny, one needs to understand how the patriarchy manifests in men an interest in participating in its enforcement. Or so I hope to motivate here. I aim to draw a line from the patriarchy to toxic masculinity to misogyny so that we have a clearer picture as to why men are invested in this system. I thus hope to offer here an analysis that is underdeveloped in Manne’s book, but is equally worthy of attention if we want fully to understand the complex machinations underlying misogyny. (shrink)

This article discusses the category of foreigner in the context of academia. In the first part I explore this category and its philosophical significance. A quick look at the literature reveals that this category needs more attention in analyses of dimensions of privilege and disadvantage. Foreignness has peculiarities that demarcate it from other categories of identity, and it intersects with them in complicated ways. Devoting more attention to it would enable addressing issues affecting foreigners in academia that go commonly unnoticed. (...) In the second part of the article I argue that current efforts to make academia a more inclusive environment should address the disadvantages that many foreign academics face. I focus on two senses of foreigner: working and living in a country that is not your country of origin, and being a nonnative speaker of the language in which you work. (shrink)

Many feminists (e.g. T. Bettcher and B. R. George) argue for a principle of first person authority (FPA) about gender, i.e. that we should (at least) not disavow people's gender self-categorisations. However, there is a feminist tradition resistant to FPA about gender, which I call "radical feminism”. Feminists in this tradition define gender-categories via biological sex, thus denying non-binary and trans self-identifications. Using a taxonomy by B. R. George, I begin to demystify the concept of gender. We are also able (...) to use the taxonomy to model various feminist approaches. It becomes easier to see how conceptualisations ofgender which allow for FPA often do not allow for understanding female subjugation as being rooted in reproductive biology. I put forward a conceptual scheme: radical FPA feminism. If we accept FPA, but also radical feminist concerns, radical FPA feminism is an attractive way of conceptualising gender. (shrink)

The Routledge Companion to Feminist Philosophy presents an exciting, comprehensive, and original pluralist presentation of feminist philosophy that is a much-needed update to existing feminist philosophy companions. Students, scholars, independent researchers, and departments interested in feminism and philosophy would do well to make sure they have access to this volume, and it should be a relevant resource for years to come. Reviewing such an expansive presentation of feminist philosophy across differences also raises considerations about the meanings and limits of pluralism (...) and inclusion in feminist philosophy as an ongoing collective project. (shrink)

Kant's conception of women is complex. Although he struggles to bring his considered view of women into focus, a sympathetic reading shows it not to be anti-feminist and to contain important arguments regarding human nature. Kant believes the traditional male-female distinction is unlikely to disappear, but he never proposes the traditional gender ideal as the moral ideal; he rejects the idea that such considerations of philosophical anthropology can set the framework for morality. This is also why his moral works clarifies (...) that all citizens, including women have the right, and should be encouraged to strive towards an active condition. (shrink)

The dynamic nature of physics cannot be captured through an exclusive focus on the static mathematical formulations of physical theories. Instead, we can more fruitfully think of physics as a set of distinctively social, cognitive, and theoretical/methodological practices. An emphasis on practice has been one of the most notable aspects of the recent “naturalistic turn” in general philosophy of science, in no small part due to the arguments of many feminist philosophers of science. A major project of feminist philosophy of (...) physics has been to shine a critical light on the social and cognitive practices in physics, and how those ultimately influence other aspects of the science. Here we argue that traditional philosophy of physics has focused exclusively on the theoretical/methodological practices of physics, and that feminist philosophy of physics seeks to broaden the focus to include the social and cognitive practices as well. (shrink)

I propose, defend and illustrate a principle of gender justice meant to capture the nature of a variety of injustices based on gender: A society is gender just only if the costs of a gender-neutral lifestyle are, all other things being equal, lower than, or at most equal to, the costs of gendered lifestyles. The principle is meant to account for the entire range of gender injustice: violence against women, economic and legal discrimination, domestic exploitation, the gendered division of labor (...) and gendered socialization. The sense of “costs” employed is similarly wide. Costs can be material , psychological and social . I defend the principle by appeal to the values at the core of liberal egalitarian justice: equality of access and the good of individual choice. I illustrate my case through a discussion of the injustice of a gendered division of labor. Some feminists doubt that liberal egalitarianism has the theoretical resources to recognize the unjust nature of the gendered division of labor. I argue that it does. If the principle advanced here is correct, then gender injustice is pervasive. At the same, it does not affect only women but also men. Liberal egalitarianism is capable of acknowledging this fact without denying that, overall, gender norms oppress women more than they oppress men: Arguably, women who wish to lead a gender-neutral lifestyle have to pay higher costs that men who wish to do the same. (shrink)

Liberal theories of justice have been rightly criticized for two things by care theorists. First, they have failed to deal with private care relations’ inherent (inter)dependency, asymmetry and particularity. Second, they have been shown unable properly to address the asymmetry and dependency constitutive of care workers’ and care-receivers’ systemic conditions. I apply Kant’s theory of right to show that current care theories unfortunately reproduce similar problems because they also argue on the assumption that good care requires only virtuous private individuals. (...) Giving up this assumption enables us to solve the problems regarding both private care relations and systemic injustice. (shrink)

In this paper I argue that, in addition to having an obligation to resist the oppression of others, people have an obligation to themselves to resist their own oppression. This obligation to oneself, I argue, is grounded in a Kantian duty of self-respect.

Jennifer Saul has argued that the speech acts approach to pornography, where pornography has the illocutionary force of subordinating women, is undermined by that very approach: if pornographic works are speech acts, they must be utterances in contexts; and if we take contexts seriously, it follows that only some pornographic viewings subordinate women. In an effort to defend the speech acts approach, Claudia Bianchi argues that Saul focuses on the wrong context to fix pornography’s illocutionary force. In response, I defend (...) Saul arguing that Bianchi doesn’t show Saul has focused on the wrong context. (shrink)

I argue, first, that the deprived individuals whose predicaments Nussbaum cites as examples of "adaptive preference" do not in fact prefer the conditions of their lives to what we should regard as more desirable alternatives, indeed that we believe they are badly off precisely because they are not living the lives they would prefer to live if they had other options and were aware of them. Secondly, I argue that even where individuals in deprived circumstances acquire tastes for conditions that (...) we regard as bad, they are typically better off having their acquired preferences satisfied. If they are badly off it is because they cannot get what we and they, would regard as more desirable alternatives. Preference utilitarianism explains why individuals in such circumstances are badly off whether they have adapted to their deprived circumstances or not. Even if they prefer the conditions of their lives to all other available alternatives, most would prefer alternatives that are not available to them which would, on the preferentist account, make them better off. And that, on the preferentist account, is the basis for a radical critique of unjust institutions that limit people's options and prevent them from getting what they want. (shrink)

The precondition of any feminist politics – a usable category of ‘woman’ – has proved to be difficult to construct, even proposed to be impossible, given the ‘problem of exclusion’. This is the inevitable exclusion of at least some women, as their lives or experiences do not fit into the necessary and sufficient condition(s) that denotes group membership. In this paper, I propose that the problem of exclusion arises not because of inappropriate category membership criteria, but because of the presumption (...) that categories can only be organised by identity relations or shared properties among their members. This criterion of sameness as well as the characterisation of this exclusion as essentialism attests to a metaphysics that is not conducive to resistance and liberatory projects. Following a strain of hybrid thinking in feminist and post-colonial theory, I outline an alternative pluralist logic that confronts oppressive binaries that impede theory work in gender, sexuality, and race theory, and limit political action and resistance. The problem of exclusion is neither irresolvable nor is it essentialism. Instead it is a denial of subjectivity due to pseudodualistic self/Other dichotomies that can be resisted by adopting a new categorial logic. While this paper focuses on the specific problem of formulating a category of ‘woman’, it has implications for other areas of gender, critical race, and postcolonial theory. Rather than working toward an inclusive category founded on sameness, theorists need to develop independent and positive categories grounded in difference. Our current categorial logic does not permit such a project, and therefore a new metaphysics must be adopted. (shrink)

Some feminist gender sceptics hold that the conditions for satisfying the concept woman cannot be discerned. This has been taken to suggest that (i) the efforts to fix feminism’s scope are undermined because of confusion about the extension of the term ‘woman’, and (ii) this confusion suggests that feminism cannot be organised around women because it is unclear who satisfies woman. Further, this supposedly threatens the effectiveness of feminist politics: feminist goals are said to become unachievable, if feminist politics lacks (...) a clear subject matter. In this paper, I argue that such serious consequences do not follow from the gender sceptic position. (shrink)

Across the humanities and social sciences it has become commonplace for scholars to argue that categories once assumed to be “natural” are in fact “social” or, in the familiar lingo, “socially constructed”. Two common examples of such categories are race and gender, but there many others. One interpretation of this claim is that although it is typically thought that what unifies the instances of such categories is some set of natural or physical properties, instead their unity rests on social features (...) of the items in question. Social constructionists pursuing this strategy—and it is these social constructionists I will be focusing on in this paper—aim to “debunk” the ordinary assumption that the categories are natural, by revealing the more accurate social basis of the classification.2 To avoid confusion, and to resist some of the associations with the term ‘social construction’, I will sometimes use the term ‘socially founded’ for the categories that this sort of constructionist reveals as social rather than natural. (shrink)

Contrary to much Kant interpretation, this article argues that Kant's moral philosophy, including his account of charity, is irrelevant to justifying the state's right to redistribute material resources to secure the rights of dependents (the poor, children, and the impaired). The article also rejects the popular view that Kant either does not or cannot justify anything remotely similar to the liberal welfare state. A closer look at Kant's account of dependency relations in “The Doctrine of Right” reveals an argumentative structure (...) sufficient for a public institutional protection of dependents and evidence that Kant identifies concerns of economic justice as lying at the heart of the state's legitimacy. (shrink)

This paper defends a legal and political conception of sexual relations grounded in Kant’s Doctrine of Right. First, I argue that only a lack of consent can make a sexual deed wrong in the legal sense. Second, I demonstrate why all other legal constraints on sexual practices in a just society are legal constraints on seemingly unrelated public institutions. I explain the way in which the just state acts as a civil guardian for domestic relations and as a civil guarantor (...) for private property and contract relations—and thereby enables the existence of legally enforceable claims. Throughout the aim is to demonstrate that Kant’s relational conception of justice entails that legally enforceable claims regarding sexual deeds are fully justifiable only insofar as they are determined and enforced by a public authority that we may refer to as a liberal democratic welfare state. (shrink)

Theorists analyzing the concepts of race and gender disagree over whether the terms refer to natural kinds, social kinds, or nothing at all. The question arises: what do we mean by the terms? It is usually assumed that ordinary intuitions of native speakers are definitive. However, I argue that contemporary semantic externalism can usefully combine with insights from Foucauldian genealogy to challenge mainstream methods of analysis and lend credibility to social constructionist projects.

The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...) sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

Whilst the distinction between French and Anglo-American feminism was always rather dubious two specific linguistic differences between French and English have nevertheless determined two streams of feminist thought, and complicated the relation between them. Since the 1960s, English-language feminisms, in so far as they are distinctive, have centrally either presupposed or explicitly theorized the category of gender, for which there is no linguistic equivalent in French. At the same time, much (although not all) that came to be categorized as ʻFrenchʼ (...) feminism has been articulated around the category of le féminin, for which there is no ready equivalent in English, although there is an obvious translational choice: ʻthe feminineʼ. Various Anglo-American feminisms have made consideration of what have been seen as feminine attributes and values central to their critical and reconstructive projects, but it is not this (adjectival) sense which is at issue here in the translation of le féminin, a noun. For despite the fact that the French and English words connote differently (in particular, le féminin also covers most of what is meant by the English ʻfemaleʼ), ʻthe feminineʼ, as a direct translation of the different and specific uses of le féminin in various French discourses, has become a common category in English-language feminist discourse, specifically English-language feminist philosophy of a ʻcontinentalʼ disposition, where it is often presumed to be both the proper object of such a philosophy and the proper goal of feminism. But is it? Or what exactly is at stake in making it so? Is ʻthe feminineʼ a necessary or useful category for feminism today? (shrink)

While feminist epistemologists have made important contributions to the deconstruction of the traditional representationalist model, some elements of the Cartesian legacy remain. For example, relativism continues to play a role in the underdetermination thesis used by Longino and Keller. Both argue that because scientific theories are underdetermined by evidence, theory choice must be relative to interpretive frameworks. Utilizing Davidson's philosophy of language, I offer a nonrepresentationalist alternative to suggest how relativism can be more fully avoided.

The emphasis on the limitations of objectivity, in specific guises and networks, has been a continuing theme of contemporary analytic philosophy for the past few decades. The popular sport of baiting feminist philosophers — into pointing to what's left out of objective knowledge, or into describing what methods, exactly, they would offer to replace the powerful objective methods grounding scientific knowledge — embodies a blatant double standard which has the effect of constantly putting feminist epistemologists on the defensive, on the (...) fringes, on the run.This strategy can only work if objectivity is transparent, simple, stable, and clear in its meaning. It most certainly is not. In fact, taking objectivity as a sort of beautiful primitive, self-evident in its value, and all-powerful in its revelatory power, requires careless philosophy, and the best workers in metaphysics, epistemology, and philosophy of science have made reworked definitions of objectivity absolutely central to their own projects. In fact, classic feminist concerns with exploring the impact of sex and gender on knowledge, understanding, and other relations between human beings and the rest of the world fall squarely within the sort of human and social settings thatare already considered central in most current analytic metaphysics, epistemology, and philosophy of science. I argue that the burden of proof is clearly on those who wish toreject the centrality and relevance of sex and gender to our most fundamental philosophical work on knowledge and reality. (shrink)

A careful, theoretical clarification of gender roles has only recently begun in social and political philosophy. It is the aim of the following piece to reveal that an analysis of women’s traditional position - her distinctive activities, labor and surrounding sense of ‘mine’ - can not only make valuable contributions towards clarifying traditional property disputes, but may even provide elements for a new conception of ownership. By way of illustration, the article focusses on the influential work of John Rawls and (...) argues that - when Rawls’s own analysis and principles of justice are supplemented by an account of what is here called ‘reproductive labor’ - his theory in fact tends to a form of democratic socialism. Stated somewhat differently, my aim is to shift the terms of the property debate as posed by Rawls fromwithinhis own position. I hope to show that the real ownership question which now emerges is no longerwhether‘justice as fairness’ countenances a private property or socialist form of democracy, but what preciseformsuch a socialism should take. (shrink)

Women in the labor force are at a disadvantage not only because of continuing discrimination in hiring and promotion, but because of factors extrinsic to the labor market hence adjusting conditions within the labor market will not completely eliminate women's disadvantage. Because, unlike most men, most women do not have spouses to take on the major responsibility of running their homes and caring for their children, the costs of working outside the home, particularly in a professional or managerial capacity, are (...) greater for women than they are for men. Thus, even if ongoing discrimination in the labor market were eliminated, through affirmative action policies or other such remedies, women would still be as a disadvantage relative to men.For women, the costs and benefits of behaving like men are different than they are for their male counterparts. To the extent that the costs and benefits of various policies of action are not the same for women as they are for men, men and women are not equal, therefore, arguably, it is not fair to treat them equally. (shrink)