Feminist Phenomenology

In ‘Cognition as a Social Skill’, Sally Haslanger enhances her theory of oppression with new concepts: ‘mindshaping,’ ‘doxa,’ ‘heterodoxy,’ and ‘hidden transcripts.’ This essay examines these new c...

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)

This is a review and critical commentary on Michael Plaxton's 2015 book, Implied Consent and Sexual Assault, in which he proposes that the legal definition of sexual consent be amended to permit sexual partners to define the terms and conditions of sexual consent in accordance with private "normative commitments" between themselves. The proposed "reform" is intended to permit an individual to agree to be a party to sexual activity that would otherwise constitute sexual assault under Canadian law. For reasons explained (...) in the review, this reviewer concludes that Plaxton's proposal and the rationale he presents in support of its adoption are unpersuasive. (shrink)

An increasing number of scholars at the intersection of feminist philosophy and critical disability studies have turned to Merleau-Ponty to develop phenomenologies of disability or of what, following Rosemarie Garland-Thomson, I call "non-normate" embodiment. These studies buck the historical trend of philosophers employing disability as an example of deficiency or harm, a mere litmus test for normative theories, or an umbrella term for aphenotypical bodily variation. While a Merleau-Pontian-inspired phenomenology is a promising starting point for thinking about embodied experiences of (...) all sorts, I here draw a cautionary tale about how ableist assumptions can easily undermine accounts of non-normate experience. I first argue that the omission or misguided treatment of disability within the history of philosophy in general and the phenomenological tradition in particular is due to the inheritance of what I call “the ableist conflation” of disability with pain, suffering, and disadvantage. I then show that Merleau-Ponty’s famous reading of the blind man’s cane is problematic insofar as it omits the social dimensions of disabled experiences, misconstrues the radicality of blindness as a world-creating disability, and operates via an able-bodied simulation that confuses object annexation or extension with incorporation. In closing, I contend that if phenomenology is to overcome the errors of traditional philosophy, as Merleau-Ponty once hoped, it must heed the insights of “crip” or non-normate phenomenology, which takes the lived experience of disability as its point of departure. (shrink)

This paper details the ways that gender structures our senses of agency on an enactive framework. While it is common to discuss how gender influences higher, narrative levels of cognition, as with the formulation of goals and in considerations about our identities, it is less clear how gender structures our more immediate, embodied processes, such as the minimal sense of agency. While enactivists often acknowledge that gender and other aspects of our socio-cultural situatedness shape our cognitive processes, there is little (...) work on how this shaping takes place. In order to provide such an account, I will first look at the minimal and narrative senses of agency (Gallagher 2012), a distinction that draws from work on minimal and narrative selves (Zahavi 2010). Next I will explain the influence of the narrative sense of agency on the minimal sense of agency through work on intention-formation (Pacherie 2007). After a discussion of the role of gender in the narrative sense of agency, I’ll expand on work by Haslanger (2012) and Young (1980) to offer three ways in which gender influences the minimal sense of agency, showing the effect that gender has on how we perceive our possibilities for interaction in a phenomenologically immediate, pre-reflective manner. (shrink)

Feminist phenomenology has contributed significantly to understanding the negative impact of the objectification of women’s bodies. The celebration of thin bodies as beautiful and the demonization of fat bodies as unattractive is a common component of that discussion. However, when one turns toward the correlation of fat and poor health, a feminist phenomenological approach is less obvious. In this paper, previous phenomenological work on the objectification of women is paralleled to the contemporary encouragement to discipline one’s body in order to (...) pursue better health. Similar ideologies of free choice in the face of bodily habits run through discussions of health and beauty. The paper uses the work of Merleau-Ponty and Beauvoir as well as the contemporary feminist phenomenologists Diaprose, Bartky, Bordo, Young, Grosz, and Carel to explore how women are constrained by health testing and health normalization. It argues that despite the apparent benefits of a focus on modifying health habits, feminists have good reason to be wary of the good health imperative. (shrink)

This chapter discusses how phenomenologies of pregnancy challenge traditional philosophical accounts of a subject that is seen as autonomous, rational, genderless, unified, and independent from other subjects. Pregnancy defies simple incorporation into such universal accounts since the pregnant woman and her unborn child are incapable of being subsumed into traditional theories of the subject. Phenomenological descriptions of the experience of pregnancy lead one to question if philosophy needs to reject the subject altogether as central, or rather to revise traditional descriptions (...) of the subject. The chapter examines both options and argues for the later. The exploration of pregnancy in feminist theory upholds the value of working from the subject’s lived experience, but indicates that it is possible without viewing the subject as a disembodied universal agent. Finally, it discusses how phenomenologies of pregnancy are attuned to discussing difference thereby aiding philosophies that take into account the political, historical, and cultural conditioning that shape experience and theory. (shrink)

: Drawing on Adriana Cavarero's account of natality, Guenther argues that Martin Heidegger overlooks the distinct ontological and ethical significance of birth as a limit that orients one toward an other who resists appropriation, even while handing down a heritage of possibilities that one can—and must—make one's own. Guenther calls this structure of natality Being-from-others, modifying Heidegger's language of inheritance to suggest an ethical understanding of existence as the gift of the other.

Shame is notoriously ambivalent. On one hand, it operates as a mechanism of normalization and social exclusion, installing or reinforcing patterns of silence and invisibility; on the other hand, the capacity for shame may be indispensible for ethical life insofar as it attests to the subject’s constitutive relationality and its openness to the provocation of others. Sartre, Levinas and Beauvoir each offer phenomenological analyses of shame in which its basic structure emerges as a feeling of being exposed to others and (...) bound to one’s own identity. For Sartre, shame is an ontological provocation, constitutive of subjectivity as a being-for-Others. For Levinas, ontological shame takes the form of an inability to escape one’s own relation to being; this predicament is altered by the ethical provocation of an Other who puts my freedom in question and commands me to justify myself. For Beauvoir, shame is an effect of oppression, both for the woman whose embodied existence is marked as shameful, and for the beneficiary of colonial domination who feels ashamed of her privilege. For each thinker, shame articulates the temporality of social life in both its promise and its danger. (shrink)

This paper explores the ethical insights provided by Anne Truitt's minimalist sculptures, as viewed through the phenomenological lenses of Hannah Arendt's investigations into the co-constitution of reality and Maurice Merleau-Ponty's investigations into perception. Artworks in their material presence can lay out new ways of relating and perceiving. Truitt's works accomplish this task by revealing the interactive motion of our embodied relations and how material objects can actually help to ground our reality and hence human potentiality. Merleau-Ponty shows how our prereflective (...) bodies allow incompossible perceptions to coexist. Yet this same capacity of bodies to gather multiple perceptions together also lends itself to the illusion that we see from only one perspective. If an ethical perspective becomes reified into one position, it then becomes detached from reality, and the ethical potential is actually lost. At the same time, phenomenologically understood, the real world does not exist in terms of static matter, but is instead a web of contextual relations and meanings. An ethics that does not take embodied relations into account—that allows for only one perspective—ultimately loses its capacity for flexibility, and for being part of a common and shared reality. (shrink)

Drawing on Merleau-Ponty’s “Eye and Mind” and Bergson’s Matière et mémoire and “La perception du changement,” I ask what resources are available in vision for interrupting objectifying habits of seeing. While both Bergson and Merleau-Ponty locate the possibility of seeing differently in the figure of the painter, I develop by means of their texts, and in dialogue with Iris Marion Young’s work, a more general phenomenology of hesitation that grounds what I am calling “critical-ethical vision.” Hesitation, I argue, stems from (...) affect and leads to critical memory. In hesitation, the seeming coincidence between my habits of seeing and the visible is decentered, revealing these habits and their social reference as the constitutive horizon of my field of vision. Hesitation, then, provides the phenomenological moment within which vision may become at once critically watchful, destabilizing its objectifying habits, and ethically responsive, recollecting its affective grounds. The critical and the ethical are here inseparable. Critically, this vision is an awareness of the structures of invisibility, diacritical and habitual, social and historical, to which my vision owes—dimensions which institute particular ways of seeing and being as norm while eliding others. Ethically, this is the recognition of how seeing is already seeing with others—others whose affective influence is operative within vision, even as their existence is reductively represented or denied. (shrink)

Patricia Williams in her book, The Alchemy of Race and Rights, describes being denied entrance in the middle of the afternoon by a “saleschild.” Utilizing the works of Maurice Merleau-Ponty, this article explores their interaction phenomenologically. This small interaction of seemingly simple misunderstanding represents a limit condition in Merleau-Ponty’s analysis. His phenomenological framework does not explain the chasm between the “saleschild” and Williams, that in a sense they do not participate in the same world. This interaction between the “saleschild” and (...) Williams represents a moment when the two contest exactly what is reason in our society. To the extent that society discerns one’s actions as reasonable and the other’s actions as unreasonable, our society participates in determining that which constitutes reason. Williams’s work speaks precisely to this chasm as evident in her text’s subtitle, Memoirs of a Mad Woman. This decision relegates one subject to “judiciousness” and relegates the other to “madness.”. (shrink)