Sexual Rights

In this article, I confront Jessica Flanigan’s recent attempt to show not merely that women have a right to commit prenatal injury, but also that women who act on this right are praiseworthy and should not be criticized for this injury. I show that Flanigan’s arguments do not work, and I establish presumptive grounds against any such right—namely, prenatal injury, by definition, involves intentional or negligent harm and, as such, may be subsumed under a wider class of actions that are (...) presumptively wrong. (shrink)

A complete theory of the permissibility of sex must not only determine the permissibility of sex between typical adult humans. In addition, it must also adequately take into consideration sex acts involving non-human animals, children, and humans with intellectual disabilities. However, when trying to develop a non-discriminatory account that includes these beings, two worrying problems of animal sex arise. To surpass them, I argue for a reformulation of the standard theory. To produce a truly inclusive account our theory should be (...) focused on assent, dissent, the significance of sex, and the similarity of the beings engaging in the sex act. (shrink)

Philosophers have rightly condemned lookism—that is, discrimination in favor of attractive people or against unattractive people—in education, the justice system, the workplace and elsewhere. Surprisingly, however, the almost universal preference for attractive romantic and sexual partners has rarely received serious ethical scrutiny. On its face, it’s unclear whether this is a form of discrimination we should reject or tolerate. I consider arguments for both views. On the one hand, a strong case can be made that preferring attractive partners is bad. (...) The idea is that choosing partners based on looks seems essentially similar to other objectionable forms of discrimination. (In particular, the preference for attractive partners is arguably both unfair and harmful to a significant degree.) One can try to resist this conclusion in several ways. I consider three possible replies. The first has to do with the possibility of controlling our partner preferences. The second pertains to attractiveness and “good genes”. The last attempts to link certain aspects of attractiveness to a prospective partner’s personality and values. I argue that the first two replies fail conclusively, while the third only amounts to a limited defense of a particular kind of attractiveness preference. So the idea that we should often avoid preferring attractive partners is compelling. (shrink)

Book review of Hallie Liberto's Green Light Ethics.

This chapter delineates several distinct (and often problematically conflated) kinds of sexual exclusion: (1) lack of access to sexual gratification or pleasure, (2) lack of access to partnered sex, and (3) lack of social/psychological validation that comes from being seen as a sexual being. Liberman offers proposals about what our collective responses to these harms should be while weighing in on debates about whether there are rights to various kinds of sexual goods. She concludes that we ought to provide mechanical (...) assistance to those who are incapable of self-stimulation, enhance access to sexual education for everyone, and engage in a systematic effort to change the harmful social norms, stereotypes, and cultural ideals that drive exclusion from partnered sex and can lead to social invalidation. (shrink)

The term 'sexual inclusion’ is commonly taken to refer to the adjustment of our social and educational practices to counteract prejudices that are connected to sex. The project of sexual inclusion can be used, for example, to advocate against the discrimination of the LGBTQIA+ (gay, bisexual, trans, queer, intersex, asexual, ally, and others) community or certain unconventional BDSM (bondage and discipline, dominance and submission, sadism, and masochism) dynamics and activities. This essay, however, takes sexual inclusion as the project that promotes (...) the equal and largely indiscriminatory opportunity for each person to engage in meaningful and pleasurable nonmorally good sexual experiences, because, as I will argue, sex is part of what it means to live a flourishing and good human life. This essay focuses specifically on nonmorally good sex, how we experience it, and its fundamental role in promoting sexual inclusion – if one does not experience nonmorally good sex, one cannot feel or be considered as being sexually included. To have a better grasp on the project of sexual inclusion and what it is, I discuss the different mechanisms that can lead to sexual exclusion and how experiencing sexual exclusion can hinder our progress towards living a good and flourishing life. I conclude that due to its subjective nature, the experience of nonmorally good sex itself challenges and limits us in our pursuit of the advancement and achievement of sexual inclusion. Engaging in a sexual activity with another person due to the motivating reasons to provide that person with a nonmorally good sexual experience (with the goal of advancing their sexual inclusion), is not an input-output kind of process. If we are unable to guarantee nonmorally good sex for others, the result is that we cannot guarantee their sexual inclusion either. (shrink)

This article argues that access to meaningful sexual experience should be included within the set of the goods that are subject to principles of distributive justice. It argues that some people are currently unjustly excluded from meaningful sexual experience and it is not implausible to suggest that they might thereby have certain claim rights to sexual inclusion. This does not entail that anyone has a right to sex with another person, but it does entail that duties may be imposed on (...) society to foster greater sexual inclusion. This is a controversial thesis and this article addresses this controversy by engaging with four major objections to it: the misogyny objection; the impossibility objection; the stigmatisation objection; and the unjust social engineering objection. (shrink)

This article argues that political injustices can arise from the distribution and character of our sexual desires and that we can be held responsible for correcting these injustices. It draws on a conception of structural injustice to diagnose unjust patterns of sexual attraction, which are taken to arise when socio-structural processes shaping the formation of sexual desire compound systemic domination and capacity-deprivation for the occupants of a social position. Individualistic and structural solutions to the problem of unjust patterns of sexual (...) attraction are assessed in the context of racialised sexual aversion, racial fetishism, and the desexualisation of people with disabilities. While both forms of intervention can help in principle, some of the advantages of structural approaches are laid out. A schema for assigning political responsibilities for addressing this injustice is proposed, with some limits identified to the kinds of state and social responses that are justified. Finally, the status of the merely aesthetically unappealing is considered, with a relational egalitarian approach concluding that they are subject to structurally unjust patterns of sexual desire only when exposed to oppression or second-class citizenship as a result. (shrink)

A new book by Maurizio Balistreri, "Sex robot. L’amore al tempo delle macchine", is reviewed. Sex robots not only exacerbate social, ethical and cultural issues that already exist, but also come with emergent and novel ones. This book is intended to build on the recent research on both robotics and the growing scholarship on sex robots more generally, however with greater attention to the developments of the philosophical issues of how to deal with these new artefacts and steps for living (...) among these types of systems into the future. (shrink)

In this paper, I answer the following question: suppose that two individuals, C and D, have been in a long-term committed relationship, and D now has dementia, while C is competent; if D agrees to have sex with C, is it permissible for C to have sex with D? Ultimately, I defend the view that, under certain conditions, D can give valid consent to sex with C, rendering sex between them permissible. Specifically, I argue there is compelling reason to endorse (...) the following thesis: -/- Prior Consent Thesis: D, when competent, can give valid prior consent to sex with her competent partner (C) that will take place after she has dementia, assuming that D is the same person as she was when she gave prior consent, meaning that, if D, when competent, gave prior consent to sex with C, then C may permissibly have sex with D. In section I, I explain both the background and the existing literature on this issue. In section II, I outline relevant stipulations about the kinds of cases I will be examining. In section III, I defend the Prior Consent Thesis. And, in section IV, I address objections to the Prior Consent Thesis. (shrink)

Should positional sexual misconduct (sexual advances or interaction where one party is known, or should be known, to have a significant power over the other) be included in the list of morally forbidden behaviours? I explore benefits and costs of this moral reform with the help of J. S. Mill.

I argue that the right to sexual satisfaction of severely physically and mentally disabled people and elderly people who suffer from neurodegenerative diseases can be fulfilled by deploying sex robots; this would enable us to satisfy the sexual needs of many who cannot provide for their own sexual satisfaction; without at the same time violating anybody’s right to sexual self-determination. I don’t offer a full-blown moral justification of deploying sex robots in such cases, as not all morally relevant concerns can (...) be addressed here; rather, I put forward a plausible way of fulfilling acute sexual needs without thereby violating anybody’s sexual rights. (shrink)

I take issue with the view that libertarian theory does not imply any particular stand on abortion. Liberty is the absence of interference with people’s wills—interests, wishes, and desires. Only entities that have such are eligible for the direct rights of libertarian theory. Foetuses do not; and if aborted, there is then no future person whose rights are violated. Hence the “liberal” view of abortion: women (especially) may decide whether to bear the children they have conceived. Birth is a good (...) dividing line between the freedom to abort and the point at which society is permitted to take an interest. Once born, children detach from their mothers; no invasion of their bodies is necessary to separate them. Yet some ways of bringing them up can have a negative impact on society. There is a thus legitimate interest in protecting ourselves from the results of truly bad parenting. (shrink)

Iskra Pavez Soto Editorial Forja Agosto 2015, 238 pp. ISBN: 978-956-338-184-9.

Criminalisation of prostitution, and minority rights for disabled persons, are important contemporary political issues. The article examines their intersection by analysing the conditions and arguments for making a legal exception for disabled persons to a general prohibition against purchasing sexual services. It explores the badness of prostitution, focusing on and discussing the argument that prostitution harms prostitutes, considers forms of regulation and the arguments for and against with emphasis on a liberty-based objection to prohibition, and finally presents and analyses three (...) arguments for a legal exception, based on sexual rights, beneficence, and luck egalitarianism, respectively. It concludes that although the general case for and against criminalisation is complicated there is a good case for a legal exception. (shrink)

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people’s freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)