Topics in Feminist Philosophy

This essay offers a uniquely feminist interpretation of Book III in Aristotle's Nicomachean Ethics by examining the relevance of Aristotle's ethical framework to modern intersectional debates. I begin with an analysis of Aristotle's distinctions between involuntary, voluntary, mixed, and nonvoluntary actions, along with his nuanced discussion of ignorance. I then examine the implications of these concepts in contemporary social issues, and emphasize their potential to make intersectionality more accessible and fostering a constructive dialogue on prejudice. These concepts are then applied (...) through a modern lens to reveal the blameworthy and inexcusable nature of conservative ignorance towards intersectional issues in our current socio-political landscape. I assert that Aristotle provides a framework for intersectional feminists to address socio-political ignorance and discrimination, and argue for the importance of evaluating beliefs and actions to ensure their positive contribution to ones character. (shrink)

Con el objetivo de reflexionar sobre la potencialidad filosófica y política que tienen los afectos “negativos”, me interesa repensar el rol social de estos afectos a partir de abordar los efectos, en términos de agencialidad, que pueden propiciar en el ámbito político. Para ello, comenzaré con una breve caracterización sobre las implicancias del concepto de “olas” del feminismo, para entender a grandes rasgos los cambios históricos conquistados por las luchas feministas y los activismos. En este sentido, me situaré en la (...) “cuarta ola” del feminismo para abordar las nociones vinculadas al giro afectivo, a partir del fuerte cuestionamiento que esta matriz teórica le realiza a la noción de temporalidad lineal. Finalmente, analizaré la potencialidad que portan los afectos “negativos” en la escena política, a partir de resaltar el fuerte tono revolucionario que estas emociones, en tanto expresiones de la visceralidad, pueden tener en la transformación de la sociedad cuando irrumpen en el orden público. (shrink)

The question of whether or not one should procreate is rarely cast as a personal choice in philosophical discourse; rather, it is presented as an ethical choice made against a backdrop of aggregate concerns. But justifications concerning procreation in popular culture regularly engage with the role that identity plays in making procreative decisions; specifically, how one’s decision will affect who they are and who they might be in the future. Women in particular cite the personally transformative aspects of becoming a (...) parent — personal circumstances, including socioeconomic status, age, health, and relationship status — as the most important considerations for the decision they make regarding possible parenthood, and not the more aggregate concerns that an ethics of procreation prioritizes. I highlight women because when women undergo a transformative experience related to parenthood, they do so in contexts where the social, economic, and emotional effects related to pregnancy and motherhood are extensive and impose greater effects on women than men. These harmful material effects threaten a woman’s economic stability, career development, social relationships, and emotional health. Because of this, I argue that an ethics of procreation must engage with the ways in which women’s identities are transformed through procreative decisions. (shrink)

Who is feminism for? The question reverberates frightfully in feminist discourse. Despite decades of theorizing that the unified feminist subject is an impossibility (given differences in race, class, sexuality, etc.), the question remains all too relevant in praxis—much to the detriment of the movement as a whole. Or at least, so argues Éléonore Lépinard in her new book, Feminist Trouble: Intersectional Politics in Post-Secular Times.

Öz -/- Antikçağ’dan modern dönemlere değin kadınların mevcut durumlarının iyileştirilmesine dair çalışmaların sayısının oldukça yetersiz kaldığını söylemek yanlış olmayacaktır. Bu bağlamda siyaset felsefesinin kurucu metinlerinden olan Devlet’in hem yazıldığı dönem hem de takip eden iki milenyuma yakın süre hesaba katıldığında kadınların toplumdaki rolü ve konumu üzerine oldukça radikal ve yenilikçi fikirleri barındırdığı açıktır. Bu çalışmada Platon’un diğer çalışmaları da hesaba katılmakla birlikte özellikle Devlet adlı eseri nezdinde nasıl olup da kimi düşünürlerce hem bir mizojinist hem de bir kadın hakları savunucusu (...) sayıldığı; hem bir kadın düşmanı hem de proto-feminist olarak görülebildiği incelenecek ve Platon bu bağlamda yeniden ele alınacaktır. Anahtar Kelimeler: Platon, Kadın Hakları, Devlet, Feminizm, Mizojini -/- Abstract -/- It is safe to propound that the quantity of studies on the amelioration of the present conditions of women from antiquity through to modern times is quite insufficient. In this context, it seems that the Republic by Plato, which is one of the founding texts of political philosophy, has provided quite radical and innovative ideas about the role and position of women in society, considering into account both its production period and the next two millenniums. This study, based particularly upon his Republic and other works, aims to re-consider how Plato is regarded both as a misogynist and a women's rightist, or both as a woman hater and a proto-feminist by certain scholars. -/- Keywords: Plato, Woman Rights, Republic, Feminism, Misogyny. (shrink)

In this paper we track the ‘body positivity’ movement from its origins, promoting radical acceptance of marginalized bodies, to its co-optation as a push for self-love for all bodies, including those bodies belonging to socially dominant groups. We argue that the new focus on the ‘body positivity’ movement involves a single-minded emphasis on beauty and aesthetic adornment, and that this undermines the original focus of social and political equality, pandering instead to capitalism and failing to rectify unjust institutions and policies. (...) As such, we argue that the ‘body positivity’ movement ultimately marginalises further the bodies for which it initially sought justice and acceptance. (shrink)

This is a collection of essay on transgender issues: Law, Language, Sport, and Metaphysics. [3rd edition, extended and updated, 2023].

I argue that gendered stereotypes, gendered emotions and attitudes, and display rules can influence extrinsic regulation stages, making failure points likely to occur in gendered-context and for reasons that the emotion regulation literature has not given adequate attention to. As a result, I argue for ‘feminist emotional intelligence’ as a way to help escape these failures. Feminist emotional intelligence, on my view, is a nonideal ability-based approach that equips a person to effectively reason about emotions through an intersectional lens and (...) use emotions to inform how we think and react to the world. This includes being attuned to the ways in which the world and our emotional lives are structured by and favors men. It stresses the need to be attuned to, as well as resist and challenge gender-based stereotypes and attitudes around emotions, paying close attention to the ways those stereotypes, norms, and attitudes differ across race, class, ethnicity, et cetera. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:130 Feminist Studies 46, no. 1. © 2020 by Feminist Studies, Inc. Laura Bisaillon, Alana Cattapan, Annelieke Driessen, Esther van Duin, Shannon Spruit, Lorena Anton, and Nancy S. Jecker Doing Academia Differently: “I Needed Self-Help Less Than I Needed a Fair Society” A great deal of harm is being done by belief in the virtuousness of work. — Bertrand Russell, “In Praise of Idleness” We are committed to doing (...) academia in particular ways, and not in others. — Brocher Foundation Feminist Collective I had decided that becoming a university professor might be a good fit; friends and colleagues had suggested that I would be valuable to a university, so I prepared for a restructuring of my family life.1 I read Tokarczyk and Fay’s Working-Class Women in the Academy and Babcock and Laschever’s Women Don’t Ask to gather understandings of the milieu I was entering. I now see that my preparations had not shined sufficient light on the social and structural factors that organize the contemporary university.... As it turns out, the restructuring of our lives within the working conditions, priorities, and rationalities of this professional milieu triggered unanticipated and painful effects.... Had Mountz published her article “Women on the Edge” before I decided on a career migration into the university system and, had I been fortunate enough to discover it, I would have made other career choices.2 1. The authors, who describe themselves as the Brocher Foundation Feminist Collective, indicate their personal narratives in this text using italics. 2. Michelle M. Tokarczyk and Elizabeth A. Fay, eds., Working-Class Women in the Academy: Laborers in the Knowledge Factory (Amherst: University of Massachusetts Press, 1993); Linda Babcock and Sara Laschever, Women Don’t Ask: Negotiation and the Gender Divide (Princeton, NJ: Princeton University Bisaillon et al. 131 Introduction: Personal, Professional, and Political We are seven women who met at the Brocher Foundation in Hermance, Switzerland, in July 2017, where we had been selected to spend a few months as research fellows. This competitively awarded opportunity is open to persons fluent in English, from graduate students to senior scholars, with or without academic appointment, whose scholarship advances knowledge about the ethical, legal, and social implications of health and biotechnologies.3 When we found ourselves on the shores of Lake Leman with the gift of time, we began opening up to each other in unexpected, compelling ways. Whatever our vantage point in the hierarchy of the university system, we discovered that there was remarkable overlap in our experiences as women in academia. When we began writing, our authoring team was composed of two graduate students, four faculty members at the assistant professor rank, and one full professor, residing in Canada, the Netherlands, Romania, the United Kingdom, and the United States. Our plural subject position led us to underexplored and imaginative responses to broader social issues, which we share in this article as the “Brocher Foundation Feminist Collective.” We analyze our experiences from our standpoint as women health researchers laboring in the academy. Our similarities and differences were exciting entry points for discussion and analysis: we are all of eastern or western European descent. We have different countries of birth, mother tongues, ages, disciplinary training and career trajectories, relationships to chronic illness and disability, marital status, and experiences with parenthood. We bring the troubles and contradictions we experience as academics into conversation with each other. We seek to productively illustrate and emphasize that the tensions we see around us, and also feel within us, arise as a result of how the academic system is organized, produced, and sustained across time, place, and space. Press, 2003); Alison Mountz, “Women on the Edge: Workplace Stress at Universities in North America,” The Canadian Geographer 60, no. 2 (2016): 205–18. 3. We experienced this fellowship as a valuable opportunity. But we also recognized that our access to it was mediated by social, economic, or other obligations. As countries in the global north continue to tighten their national border regimes, marginalized academics, especially those from the global South, were less likely to succeed in getting a Swiss visa or securing relevant temporal and economic resources. 132 Bisaillon et al. The promise here, we posit... (shrink)

in In Harm’s Way: Essays in Honor of Joel Feinberg, edited by Allen Buchanan and Jules Coleman (Cambridge: Cambridge University Press, 1994), pp. 324-343.

I Alderdommen (1970) fremsetter Simone de Beauvoir en filosofisk analyse av alderdom og eldre menneskers situa- sjon, og hevder at behandlingen de får er «skandaløs»; samfunnet «returnerer dem som en vare det ikke lenger er bruk for». Hun tilkjennegir et like stort engasjement mot den urett som eldre utsettes for som hun gjør i Det annet kjønn (1949) når det gjelder undertrykkelsen av kvinner. Likevel påstår Beauvoir at alderdommen først og fremst er et problem for mannen, og det har blitt (...) hevdet at Alderdommen er et verk om aldersdiskriminering hvor mannens aldringsprosess gjøres til norm – ikke et feministisk verk på linje med Det annet kjønn. I denne artikkelen argumen- terer Tove Pettersen for at det nettopp er den feministiske filosofien Beauvoir utvikler i Det annet kjønn som ligger til grunn for hennes undersøkelser av undertrykkelse og diskriminering av eldre. I tillegg demonstrerer Beauvoirs omfattende analyse av alderdommen at hverken alder eller kjønn kan studeres uavhengig av hverandre. Alder og kjønn virker sammen, og må ses i lys av den situasjon disse fenomenene fremtrer i hvor også klasse er av stor betydning. Alderdommen kan derfor leses som et verk hvor Beauvoir viser hvordan ulike former for undertrykkelse virker sammen og bidrar til marginalisering og diskriminering av eldre. Nøkkelord: Simone de Beauvoir, Alderdommen, Det annet kjønn, feministisk filosofi, Den andre, aldersdiskriminering, alderisme******* -/- In The Coming of Age (1970), Simone de Beauvoir presents a philosophical analysis of old age and the elderly’s situa- tion, and claims that the treatment they receive is “scandalous”; society ‘returns them as a commodity that is no longer needed.’ She exhibits the same level of commitment regarding the injustice to which the elderly are exposed as she does in The Second Sex (1949) when it comes to the oppression of women. Nevertheless, Beauvoir claims that old age first and foremost is a problem for men, and it has been argued that The Coming of Age is a work on age discrim- ination where the male aging process is made the norm – not a feminist work on par with The Second Sex. In thisarticle, Tove Pettersen argues that it is precisely the feminist philosophy that Beauvoir develops in The Second Sex that enables her to analyze the oppression and discrimination of the elderly. Additionally, Beauvoir's comprehensive analysis of old age demonstrates that neither age nor gender can be studied independently. Age and gender intersect, and must be be seen in light of the situation in which class is of great importance. Thus, The Coming of Age can be read as a work in which Beauvoir shows how different forms of oppression work together and contribute to the mar- ginalization and discrimination of the elderly. Keywords: Simone de Beauvoir, The Coming of Age, The Second Sex, Feminist Philosophy, The Other, Age Discrimination, Ageism. (shrink)

This article studies Madame de Lambert's early eighteenth-century views on aging, and especially the aging of women, by contextualizing them in a twofold way: It understands them as a response to La Rochefoucauld's skepticism concerning aging, women, and the aging of women; It understands them as being closely connected to a long series of scattered remarks concerning esteem, self-esteem, and honnêteté in Lambert's moral essays. Whereas La Rochefoucauld describes aging as a decline of intellectual, emotional, and physical powers and is (...) suspicious of the mechanisms of esteem and self-esteem, Lambert develops a view of aging as offering the chance to become more independent of the judgment of others, especially the chance for women to become more independent of the judgment of men. As she argues, aging offers women the possibility of cultivating genuinely estimable intellectual and emotional qualities that attract the justified esteem essential for a stable friendship, as well as the opportunity to develop a form of self-esteem that is based on respect for one's own capacities of judgment. (shrink)

“I am still in despair over losing my identity,” said a blog comment in a discussion about post-menopause weight gain. Instead of recovering an identity, for some of us, as women age, our attitudes toward fitness may require forging new identities. But the challenge in coming to desire fitness, post-menopause, is a project of actually changing my desires. Habituating a good practice can lead to a change in our appetites, so that instead of losing our identities, we may become the (...) characters that we set goals to be. (shrink)

The barbarous dragon meets its demise at the hands of mighty Prince Philip, who rushes over to where Princess Aurora lies asleep. He kisses her, for only true love’s kiss could save the sleeping beauty and lo and behold, Aurora and the entire kingdom finally awaken from their charmed slumber to live happily ever after. What is not so classy about the ever-popular Disney movie is the patriarchal gender roles inflicted on both men and women. We live in a world (...) where patriarchal beliefs impact our daily behaviours, emotions, and attitudes to sustain gender, racial, and heterosexual privileges. For ages, patriarchy has encouraged women's dependency on males to the point of infantilization, with women firmly internalising sexist behaviours as a direct result of male domination and societal conditioning. By internalising such patriarchal ideals and norms in their sociocultural positions, it affects how they manage their identities. Therefore, through this paper I seek to interpret women subordination using empirical evidences that shed light on the lived experiences of victimization and how patriarchy trickles into the everyday lives of women in personal and public spaces. A sociocultural analysis as to how internalization of patriarchy transpires through the micro and macrolevel of socialization, particularly the involvement of family and socializing institutions in the deconstruction of gender stereotypes will also be undertaken, followed by a brief assessment on slut shaming- a social stigma labelled to women who are considered to have unconventional sexual behaviours to reclaim the word 'slut' as a source of power and agency for girls and women (Jessalynn, 2015). The paper will also discuss arguments and counter arguments indicative of patriarchal myths that have infiltrated women's identities in which women are both victims and perpetrators of chauvinism. By examining the effects of patriarchal preconceptions and how it conditions the way women perceives her own self-importance, the paper aspires to present a historical perspective of the multi-faceted obstacles to women empowerment. It concludes with the need for sustained efforts to increase the involvement of both men and women in removing socio-cultural barriers, stereotypical attitudes, and violence against women for creating a gender-balanced society. (shrink)

In this paper, I discuss a subset of preferences in which a person desires the fulfillment of a choice they have made, even if it involves the violation of their desires, as in rape fantasies. I argue that such cases provide us with a unique insight into personal autonomy from a proceduralist standpoint. In its first part, I analyze some examples in light of Frankfurt's endorsement theory and argue that even when we cannot endorse a practical decision that involves being (...) violated, we nonetheless regard those cases as instances of autonomy. Therefore, autonomy does not necessarily require endorsement. Instead, I propose that the nature of the relevant highest-order volition dictates the procedure that should be established in one’s desire structure for its fulfillment. In the second part, I discuss how an agent may effectively consent to the violation of their decision by another person. Ordinary consent typically refers to actions but fails to communicate one's higher-order desires or commitments. To address this limitation, I propose a practical tool that accomplishes this by signaling shifts in the normative context where the agents are interacting. (shrink)

Some responses to analogies between abortion and infanticide appeal to Judith Jarvis Thomson's argument for the permissibility of abortion. I argue that these responses fail because a parallel argument can be constructed for the permissibility of infanticide. However, an argument on the grounds of a right to choose to become a parent can maintain that abortion is permissible but infanticide is not by recognizing the normative significance and nature of parenthood. -/- Certaines réponses aux analogies entre l'avortement et l'infanticide font (...) appel à l'argument de Judith Jarvis Thomson en faveur de la licéité morale de l'avortement pour désamorcer ces analogies. Je soutiens que ces réponses échouent parce qu'un argument parallèle peut être construit en faveur de la licéité de l'infanticide. Cependant, un argument reposant sur le droit de choisir de devenir parent permet de soutenir que l'avortement est autorisé mais que l'infanticide ne l'est pas en reconnaissant le sens et la nature normatifs de la parentalité. (shrink)

In this paper, we locate a general rhetorical strategy employed in theoretical discourse wherein philosophers argue from the mere existence of internalized oppression to some kind of epistemic, moral, political, or cognitive deficiency of oppressed people. We argue that this strategy has harmful consequences for oppressed people, breaking down our analysis in terms of individual and structural harms within both epistemic and moral domains. These harms include attempting to undermine the self-trust of oppressed people, reinforcing unjust epistemic power hierarchies, undermining (...) the moral agency of oppressed people, and obscuring real issues of oppression. In light of these many harms, we conclude that there are pro tanto reasons not to employ this strategy, and instead offer a series of suggestions for those considering adopting such a rhetorical move. (shrink)

Certain forms of practical deference seem to be incompatible with personal autonomy. I argue that such deference undermines autonomy not by compromising the governance of an authentic self, nor by constituting a failure to track objective reasons, but by constituting a particular social relation: one of interpersonal rule. I analyse this social relation and distinguish it from others, including ordinary relations of love and care. Finally, I argue that the particular form of interpersonal rule constituted by dispositions of practical deference (...) in itself entails a partial, though not total, disconnection from the good of a self-authored life. (shrink)

Ascribing autonomous status to agents is a valuable practice. As such, we ought to care about how we engage in practices of autonomy ascription. However, disagreement between first-personal experiences of an agent's autonomy and third-personal determinations of their autonomy presents challenges of ethical and epistemic concern. My view is that insights from a dialogical rather than nondialogical account of autonomy give us the resources to combat the challenges associated with autonomy ascription. I draw on Andrea Westlund's account of dialogical autonomy—on (...) which autonomy requires a dialogical disposition to hold oneself answerable to external critical perspectives—to make my case. (shrink)

Natalie Stoljar posits that those who have internalized oppressive norms lack normative competence, which requires true beliefs and critical reflection. A lack of normative competence makes agents nonautonomous, according to Stoljar. This framework is thereby meant to address what she calls the “feminist intuition”—the intuition that oppressive norms are incompatible with autonomy. On my view, however, Stoljar’s normative competence account of autonomy is subject to a worrying problem. Her account misattributes nonautonomy to those who perpetrate the oppression, making those who (...) are oppressed and those who oppress count as equally nonautonomous. I argue that this is implausible and demonstrate in this paper that we can establish an asymmetry of autonomy between those who oppress others and those who are made the target of oppression. (shrink)

Some have claimed that moral bioenhancement undermines freedom and authenticity – thereby making moral bioenhancement problematic or undesirable – whereas others have said that moral bioenhancement does not undermine freedom and authenticity – thereby salvaging its ethical permissibility. These debates are characterized by a couple of features. First, a positive relationship is assumed to hold between these agency-related concepts and the ethical permissibility of moral bioenhancement. Second, these debates are centered around individualistic conceptions of agency, like free choice and authenticity, (...) which hail from an atomistic tradition of autonomy. My view is that emphasizing individualistic conceptions of autonomy do not provide particularly strong foundations on which to argue about the issue of the permissibility of moral bioenhancement. This is because individualistic autonomy is not the kind of agency-related consideration we ought to value. Instead, I propose that we investigate the relationship between moral bioenhancement and a more relational kind of autonomy. Focusing on this latter relationship, on my view, clarifies the potential for moral bioenhancement to support or enhance people’s autonomy. (shrink)

The querelle des femmes was an intellectual debate over the status of women that occurred in the early modern period, between the 1400s and 1700s. A common argument for the superiority of men and inferiority of women that appeared during the debate is that women are less physically strong than men, and are therefore inferior. In response, two distinct argumentative strategies were developed by defenders of women. First, some argued that men and women did not in fact differ in physical (...) strength. A second strategy was to deny that physical strength is relevant to the question of superiority. In this case, one would argue that a difference in strength is not normatively relevant to evaluations of worth. I argue that this second strategy was the more effective response to the argument that women were inferior because of their alleged physical weakness compared to men. (shrink)

Understanding the ethical concerns of paid and altruistic surrogacy requires a knowledge of reproductive freedom and procreative autonomy. An accurate approach must be sensitive enough of the nature of sexual oppression, specifically in its influence in women’s choices, self-identity and personal relationships. The aim of this essay is to stand up for the prominence of radical feminism in questioning reproductive liberalism, which overfocus the interests of the so-called intended parents. Having in mind what egalitarian philosophers have put forward from a (...) social-relational autonomy view to allow surrogacy contracts under certain circumstances —particularly, they suggest that legalization could be compatible with women’s reproductive autonomy following an altruistic fashion under protective measures and supportive to the surrogate’s revocation of consent—, I uphold that radical feminists properly make clear how oppression remains in the cultural environment that endorses surrogacy contracts. A macroscopic methodology, based on American philosopher’s Marilyn Frye metaphor of the caged bird, is a helpful tool to comprehend why surrogacy contracts do not enhance women’s reproductive autonomy, even if they enable some surrogate mothers to gain an income enough to endure tough economic pressure. (shrink)

It is common in the autonomy literature to claim that some more demanding theories of autonomy disrespect certain individuals by giving the result that those individuals lack autonomy. This claim is often made in the context of the debate between substantive and content-neutral theories of autonomy. Proponents of content-neutral theories often argue that, in deeming certain people non-autonomous—especially certain oppressed people who seem to have internalized their oppression in certain ways—the substantive theories disrespect those people. They take this as reason (...) to accept content-neutral views over substantive views. Despite its ubiquity, this concern about disrespect is hard to pin down precisely. In this paper, I articulate two questions that need to be answered before we can understand the disrespect objection. First: Who, exactly, is supposedly being disrespected by substantive views? Second: Why is it that excluding people with these features is disrespectful? I consider a number of possible answers to each of these questions, and I argue that none of them gives us a plausible explanation of why we should think substantive theories of autonomy are disrespectful to anyone. No matter how we fill in the details, I will argue, there is simply no reason to prefer content-neutral theories of autonomy over substantive ones on the grounds of respect. (shrink)

In cases of complicity in one’s own unfreedom and in structural injustice, it initially appears that agents are only vicariously responsible for their complicity because of the roles circumstantial and constitutive luck play in bringing about their complicity. By drawing on work from the phenomenological tradition, this paper rejects this conclusion and argues for a new responsive sense of agency and responsibility in cases of complicity. Highlighting the explanatory role of stubbornness in cases of complicity, it is argued that although (...) agents may only be vicariously responsible for becoming complicit, they can be held more directly responsible for entrenching their complicity. The complicit agent is responsible for their complicity to the extent that they fail to take responsibility for it. (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)

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)

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)

How do we care well for a human being: ourselves or another? Non-Kantian scholars rarely identify the philosophy of Kant as a particularly useful resource with which to understand the full complexity of human care. Kant’s philosophy is often taken to presuppose that a philosophical analysis of good human life needs to attend only to how autonomous, rational agents—sprung up like mushrooms out of nowhere, without a childhood, never sick, always independent—ought to act respectfully, and how they can be forced (...) to interact rightfully. Questions involving aspects of human life captured by what Eva Kittay aptly phrased “the fact of dependency” (1999) —such as our vulnerable, fragile, and embodied social natures, asymmetrical care relations, and deep systemic injustices—are therefore commonly thought to be beyond the grasp of Kant and of Kantian philosophy. Against this historically prominent understanding of Kant’s practical philosophy, below I engage and draw upon recent Kant scholarship which shows both the inadequacy of such rationalist readings and the fruitfulness of using Kant’s practical philosophy to enhance our understanding of human care relations. After situating my approach in the existing, relevant secondary literature on Kant’s human agent, I explore key features of Kant’s accounts of human nature and the highest good. I pay special attention to his proposal that our human nature comprises reflective and unreflective aspects and patterns that we (ought to) strive to develop, transform, and integrate in wise ways through our faculty of desire. In addition, I emphasize the dangers that our ineradicable propensity to do bad things (evil) poses for our projects of self- and other- care. I proceed by outlining how Kant’s account of moral (ethical and legal) responsibility for self and others is developed through his theories of freedom, that is, through his theory of virtue (virtuous internal freedom with its account of perfect and imperfect duties) and his theory of right (rightful external freedom with its account of innate, private, and public right). On the conception I am advancing, we are pretty messy, fragile, and vulnerable beings whose projects of caring are difficult, ongoing, and complex. On the one hand, we (should) strive to care for ourselves (by striving to manage and heal badly functioning parts and by developing, transforming, and integrating immature or distinct parts of ourselves into good wholes) and for others (assisting them in their projects of management and healing and of developing, transforming, and integrating themselves into good wholes) in ways that are both respectful and attentive to the particular people we are—people with lives of our own to live—and the kinds of relationships we share. On the other hand, we should, and can, be forced to interact rightfully, meaning interaction consistent with one another’s basic (innate, private, and public) rights and, hence, contribute to reform projects that improve our inherited, imperfect legal-political systems with regard to care relations. Bringing Kant’s philosophy into dialogue with care theorists, I conclude, advances the insights of both traditions by showing one way to arrive at a multifaceted, yet unified account of human care relations where our embodied, social as well as our rational natures are given due consideration. (shrink)

In this paper we develop a view about the disorientation attached to the process of falling out of love and explain its prudential and moral value. We start with a brief background on theories of love and situate our argument within the views concerned with the lovers’ identities. Namely, love changes who we are. In the context of our paper, we explain this common tenet in the philosophy of love as a change in the lovers’ self-concepts through a process of (...) mutual shaping. This, however, is potentially dangerous for people involved in what we call ‘subsuming relationships’, who give up too much autonomy in the process of mutual shaping. We then move on to show how, through the relation between love and the self-concept, we can explain why the process of falling out of love with someone is so disorientating: when one is falling out of love, one loses an important point of reference for self-understanding. While this disorientating process is typically taken to be harmful to the person experiencing it, we will explain how it can also have moral and prudential value. By re-evaluating who we were in the relationship and who we are now, we can escape from oppressive practices in subsuming relationships. We finish by arguing that this gives us reason to be wary of seeking to re-orient ourselves -or others- too quickly after falling out of love. (shrink)

Evânia Reich presents the argument that the veil laws in France—the banning of the full-face coverings in public and the banning of the headscarf in public schools—are consistent with the emancipatory project of French Laïcité. According to this argument, the veils that Muslim women wear are symbols of their oppression, whereas French education seeks to liberate each individual and Laïcité serves as a bulwark against the creeping oppressive influence of religion. Unveiling Muslim women, then, is an act of emancipation. In (...) this essay, I argue that the view of French secularism as an emancipatory project to free women of the oppressive mechanism of the veil is an example of what Marilyn Frye calls the “arrogant eye.” In this essay, I offer an alternative approach on the veil following Frye’s notion of the “loving eye.”. (shrink)

In this existential reading of Kim Kardashian-West's International Women's Day selfie of 2016, I focus on the rise of selfie culture and public discourse around emerging digital representations of women's bodies. The selfie is a relatively new phenomenon, and is particularly curious because of the subject/object paradox it creates; in taking a selfie, a person asserts control over their own image, but at the same time, becomes object in their own gaze. My argument is that selfies, like other assertions of (...) bodily subjectivity in digital spaces, are a threat to patriarchal structures that paint women as immanent, object, as reflected in public discourse around Kardashian-West's International Women's Day selfie. I draw on both Jean-Paul Sartre and Simone de Beauvoir's work on subjectivity in existentialism and phenomenology, as well as Amy Shields Dobson's work on post-feminism and young women's projections of self, in order to delineate what it is about the selfie that creates this paradox. I also make reference to the work of Elisabeth Grosz and Frantz Fanon in relation to a colonial hierarchy that prioritises body over mind, as well as Laura Mulvey's work on the male gaze. (shrink)

By setting the focus on issues of dependence and embodiment, feminist work has and continues to radically improve our understanding of Kant’s practical philosophy as one that is not (as it typically has been taken to be) about disembodied abstract rational agents. This paper outlines this positive development in Kant scholarship in recent decades by taking us from Kant’s own comments on women through major developments in Kant scholarship with regard to the related feminist issues. The main aim is to (...) provide an overview of the philosophical resources already available in the literature as well as a sense of where main interpretive and philosophical challenges currently lie. More specifically, I start with a brief summary of the kinds of statements Kant makes about women that give rise to the many interpretive and philosophical puzzles facing anyone who reads his philosophy carefully. I then provide a brief historical overview of many of the pioneering women Kant scholars who made it possible for there to be so many excellent women scholars in the Kant community today and for firmly establishing the condition of woman as a point of inquiry on the philosophical map. The last section is organized in themes to give the reader a sense of the current, related discussions. I provide an overview of the more recent literature regarding Kant on women, embodiment (sexual objectification, sexual activity, sexual violence, abortion), care relations (marriage, dependents, servants), and systemic injustice (poverty, sex work, and oppression). As we will see, these many engagements with Kant’s philosophy not only help us to better understand our inherited women-undermining and problematic dependency-furthering institutions and practices, but also provide ample philosophical resources that can be utilized in our efforts to envision the project of reform such that we can achieve a better future for each and all. (shrink)

Review of book by Cynthia Daniels, At Women's Expense: State Power and the Politics of Fetal Rights.

Second edition of Property in the Body, containing about fifty percent new and updated material, including a chapter on surrogacy.

Liminal Bodies, Reproductive Health, and Feminist Rhetoric presents composition professor Lydia McDermott's "sonogram" methodology of rhetorical listening, an exercise that discloses feminine voices muted or unjustly disciplined within texts ostensibly written on women's behalf. The texts examined by McDermott range from eighteenth-century pregnancy manuals to speeches by Favorinus, the ancient sophist, who is described from antiquity as a hermaphrodite. Part of McDermott's purpose in sonogramming is to critique modern and contemporary feminists. She objects to the feminist trend of perpetuating and (...) answering a "disability" rhetoric about women, or of demonstrating that women can overcome a... (shrink)

The recent spectacular progress in assisted reproductive technologies (ARTs) has resulted in new ethical dilemmas. Though women occupy a central role in the reproductive process, within the ART paradigm, the importance accorded to the embryo commonly surpasses that given to the mother. This commentary questions the increasing tendency to position the embryonic subject in an antagonistic relation with the mother. I examine how the mother’s reproductive autonomy is compromised in relation to that of her embryo and argue in favour of (...) doing away with the subject-object dyad between them, particularly in the contexts of surrogacy and abortion. I also engage with the Surrogacy (Regulation) Bill, 2016. A critical discussion of the privacy judgment passed by the Supreme Court of India helps examine how personal autonomy of the body and mind extends to include the reproductive autonomy of women as well. (shrink)

This chapter is a critical review of Amy Allen's book The Politics of Our Selves. It briefly reconstructs some of the book's impressive achievements: articulating a synthetic account of gendered subjectivity that accounts for both subjection and autonomy; imaginatively integrating poststructuralist and communicative theories; and, furthering important new interpretations of Butler, Foucault, and Habermas. It also raises critical concerns about Allen's project: her specific conception of autonomy and its justification; her suspicions of the notion of historical progress; her psychological explanation (...) of the continuing power of pernicious norms of gendered subjectivity; the usefulness of psychoanalysis for critical social theory; and, the role of cultural, structural, and materialist explanations and political strategies. (shrink)

The central argument of Ann Cahill’s Overcoming Objectification is that the concept of sexual objectification should be replaced by Cahill’s concept of derivatization in order to better capture the wrongness of degrading images and practices without depending on an objectionably narrow and disembodied conception of self. To derivatize someone is not to treat her as a non-person, but rather to treat her as a derivative person, reducing her to an aspect of another’s being. Although not perfect, Cahill’s approach advances the (...) conversation about what we should find objectionable in certain types of sexual representations and interactions by helping us to talk about sex in a way that does not start from the presupposition that physical expressions of sexuality are inherently debasing. I describe the thesis of the book, how I used it in my Philosophy and Women course, and some criticisms that I have and that arose from class discussion. (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)

Two weeks after reports came to light that singer Chris Brown had physically assaulted and abandoned his girlfriend, famous Barbadian pop star Rihanna, the celebrity blog TMZ released a close-up photo of Rihanna’s face taken by the Los Angeles Police Department the night she was beaten. The news and the photo sparked fierce online debates about domestic violence and culpability. The locus of accountability in many of these debates seemed to circle back to Rihanna, rather than land squarely on Chris (...) Brown. The question repeatedly raised was, as a survivor of domestic violence, what did Rihanna owe to others? This paper explores several of these online debates, engages the question of survivor accountability, and discusses how Internet-based discourse can act as a temperature read for our unspoken, but very present expectations of survivors of domestic violence. (shrink)

Numerous studies have found that many people believe that a provocatively dressed woman is at greater risk for sexual assault and bears some responsibility for her assault if she is attacked. Furthermore, in legal, academic, and public debates about sexual assault the appropriateness of the term ‘provocative’ as a descriptor of certain kinds of women’s clothing is rarely questioned. Thus, there is a widespread but largely unquestioned belief that it is appropriate to describe revealing or suggestive women’s clothing as ‘provocative’ (...) and that women who wear such clothing could provoke sexual assault and harassment from men. Yet it is rarely noted that only women’s clothing is described as sexually provocative. Men’s clothing, no matter how revealing, is never described as provocative. Why is this the case? This Article challenges the assumption that it is appropriate to describe women’s clothing as provocative. Drawing on on models of the legal defense of provocation and research on objectification and responsibility, this Article demonstrates that continued use of ‘provocative’ term normalizes and entrenches deeply problematic attitudes about women’s responsibility for men’s sexual behavior. The social interpretation of women’s clothing as provocative arises from the privileged social and legal status of men’s sexual arousal and the objectification of women’s bodies. Describing women’s clothing as provocative thus reinforces a problematic conception of women’s bodies and sexuality that is connected to women’s experiences of their bodies, their clothes, and shapes their vulnerability to sexual assault and social and legal attitudes to such attacks. (shrink)

I defend my pure social account of global autonomy from Steven Weimer's recent criticisms. In particular, I argue that it does not implicitly rely upon the very kind of nonsocial conception of autonomy that it hopes to replace.

In this paper I propose and develop a social account of global autonomy. On this view, a person is autonomous simply to the extent to which it is difficult for others to subject her to their wills. I argue that many properties commonly thought necessary for autonomy are in fact properties that tend to increase an agent’s immunity to such interpersonal subjection, and that the proposed account is therefore capable of providing theoretical unity to many of the otherwise heterogeneous requirements (...) of autonomy familiar from recent discussions. Specifically, I discuss three such requirements: (i) possession of legally protected status, (ii) a sense of one’s own self-worth, and (iii) a capacity for critical reflection. I argue that the proposed account is not only theoretically satisfying but also yields a rich and attractive conception of autonomy. (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)