Feminist Philosophy

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)

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)

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)

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)

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)

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)

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)