The inclusion problem for theories of gender arises when those theories inappropriately fail to include certain individuals in the gender categories to which they ought to belong. The inclusion problem affects both of the most influential traditions in feminist theorizing about gender: social-position accounts and identity accounts. I argue that the inclusion problem can be solved by adopting a structured theory of gender, which incorporates aspects of both social-position accounts and identity accounts. According to the theory I favor, an individual’s (...) gender is determined by their gender identity if they have one; otherwise, it is determined by their social position. My structured approach to gender offers a more direct solution to the gender inclusion problem than alternatives recently advocated by Barnes (2020), Jenkins (2023), and others. It also points the way to a simple solution to inclusion problems that arise at the level of gendered language. (shrink)

This chapter surveys essentialist and anti-essentialist theories of sex and gender. It does so by engaging three approaches to sex and gender: externalism, internalism, and contextualism. The chapter also draws attention to two key debates about sex and gender in the feminist literature: the debate about the sex/gender distinction (the distinction debate) and the debate about whether sex and gender have essences (the essentialism/anti-essentialism debate). In addition, it describes three problems that theories of sex and gender tend to face: the (...) Inclusion Problem, the Definition Problem, and the Exclusion Problem. Lastly, the chapter highlights why the division between essentialist and anti-essentialist accounts of sex and gender is not clear. (shrink)

Our gender identity is our sense of ourselves as a woman, a man, as genderqueer or as another gender. Trans people have a gender identity that is different from.

One of the core insights from Eleanor Rosch’s work on categorization is that human categorization isn’t arbitrary. Instead, two psychological principles constrain possible systems of classification for all human cultures. According to these principles, the task of a category system is to provide maximum information with the least cognitive effort, and the perceived world provides us with structured rather than arbitrary features. In this paper, I show that Rosch's insights give us important resources for making progress on the 'feasibility question' (...) in conceptual engineering: the question of how we can implement conceptual engineering projects in ways that are practically feasible. Specifically, I show that one overlooked upshot of Rosch's work is that naming practices play an extremely important role in the construction of perceived similarities within and dissimilarities between categories, and, correspondingly, the dissemination of social stereotypes that serve as markers between different categories that are otherwise similar. Thus, naming practices will be a crucial constraint for the feasibility of certain ameliorative projects. (shrink)

Let the label binary category terms refer to natural language expressions like ‘woman’, ‘man’, ‘female’, and ‘male’. Focusing on ‘woman’ and ‘female’, I develop a novel, empirically supported theory of the meanings of English binary category terms. Given plausible assumptions about the metaphysics of sex and gender, this gender-first theory predicts that the sentence ‘Trans women are women’ expresses a truth in all contexts and the sentence ‘Women are adult human females’ expresses a truth in most ordinary contexts — thus (...) that these two sentences can and usually do express logically consistent contents. The key feature of the proposed theory is that it treats both ‘woman’ and ‘female’ as sensitive to an individual’s gender when that individual belongs to a gendered category and to an individual’s sex otherwise. The existence and plausibility of a gender-first theory of this kind opens up conceptual room for trans-inclusive positions in the philosophy of sex and gender which endorse the claim that women are adult human females, thereby both accounting for trans women’s experiences of their bodies as female and helping to disarm the sentence ‘Women are adult human females’ as a trans-exclusionary slogan. (shrink)

In this paper I discuss a new conception that has arrived relatively recently on the scene, in the context of the debate over the inclusion of transwomen (hereafter TW) in female sport. That conception is ‘Meaningful Competition’ (hereafter MC) – a term used by some of those who advocate for the inclusion of TW in female sport if and only if they reduce their testosterone levels. I will argue that MC is not fair. I understand MC as a substitute concept, (...) as an attempt to substitute for the perfectly serviceable concept of fair competition. It is an attempt at conceptual engineering that should be resisted. This is important because some International Federations have accepted MC as good coin, and the underlying theory of MC, which I explicate for the first time, underpins the stance taken by the IOC (International Olympic Committee) in its Framework Document. To establish that the inclusion of TW in female sport meets the criteria of MC in the sense I explicate here, does not show that the inclusion of TW in female sport is fair. Such inclusion is not fair, and the proper currency of sport is fair competition. ‘Meaningful Competition’, on the other hand, is a snare and a delusion. (shrink)

Alex Byrne contends that women are (simply) adult human females, claiming that this thesis has considerably greater initial appeal than the justified true belief (JTB) theory of knowledge. This paper refutes Byrne’s thesis in the same way the JTB theory of knowledge is widely thought to have been refuted: through simple counterexamples. Lessons are drawn. One lesson is that women need not be human. A second lesson is that biology and physical phenotypes are both irrelevant to whether someone is a (...) woman, and indeed, female in a gendered sense. A third lesson is that trans women, cis women, alien women, and robot women are all women because to be a woman is to be an adult gendered female. This paper does not purport to settle complex normative questions of ethics or justice, including whether the ordinary meaning of “woman” ought to be retained or changed—though I do note plausible implications for these debates. This paper does purport to settle what the ordinary meaning of “woman” is, and in that regard contribute to important conceptual ground-clearing regarding what constitutes an ameliorative or revisionary definition of “woman.”. (shrink)

1 Some philosophers defend the thesis that women are adult human females. Call this the adult human female thesis (AHF). There are two versions of this thesis—one modal and one definitional. Accord...

What is a woman? The definition of this central concept of feminism has lately become especially controversial and politically charged. “Ameliorative Inquirists” have rolled up their sleeves to reengineer our ordinary concept of womanhood, with a goal of including in the definition all and only those who identify as women, both “cis” and “trans.” This has proven to be a formidable challenge. Every proposal so far has failed to draw the boundaries of womanhood in a way acceptable to the Ameliorative (...) Inquirists, since not all those who identify as women count as women on these proposals, and some who count as women on these proposals don’t identify as women. This is the Trans Inclusion Problem. Is there any solution? Can there be? Recently, Katharine Jenkins, pointing to the work of Mari Mikkola, suggests that the Trans Inclusion Problem can be “deflated” rather than solved. We will investigate this proposal, and show that, unfortunately, Jenkins is mistaken: Mikkola’s project will not help us answer the Trans Inclusion Problem. After that, we’ll look at Robin Dembroff’s suggestion that we “imitate” the linguistic practices of trans inclusive and queer communities, and we will evaluate whether this would help us solve the Trans Inclusion Problem. Unfortunately, this strategy also fails to solve the problem. By the end, we’ll have a better appreciation of the challenges faced by Ameliorative Inquirists in their project of redefining “woman,” and clearer view of why the Trans Inclusion Problem cannot, in fact, be solved. That’s primarily because, no matter what it means to be a woman, it’s one thing to be a woman, and another thing to identify as a woman. (shrink)

'Transgender’ is often described either as an identity, or else as the full spectrum of gender nonconformity. In this essay, I suggest that these descriptions do not align with the conceptual labor that we often ask ‘transgender’ to do: highlighting people who engage in forms of self-directed gender nonconformity that are heavily penalized.

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)

Biological sexes (male, female, hermaphrodite) are defined by different gametic strategies for reproduction. Sexes are regions of phenotypic space which implement those gametic reproductive strategies. Individual organisms pass in and out of these regions – sexes - one or more times during their lives. Importantly, sexes are life-history stages rather than applying to organisms over their entire lifespan. This fact has been obscured by concentrating on humans, and ignoring species which regularly change sex, as well as those with non-genetic or (...) facultatively genetic sex determination systems. But the general point applies equally to humans. Assigning sexes to pre-reproductive life history stages involves ‘prospective narration’ – classifying the present in terms of its anticipated future. Assigning sexes to adult stages of non-reproductive castes or non-reproductive individuals is a complex matter whose biological meaning differs from case to case. The chromosomal and phenotypic ‘definitions’ of biological sex that are contested in philosophical discussions of sex are actually operational definitions which track gametic sex more or less effectively in some species or group of species. Neither ‘definition’ can be stated for species in general except by defining them in terms of gametic sex. The gametic definition of sex also features in widely accepted models which explain why two biological sexes – either in separate individuals or combined in hermaphroditic individuals - are almost universal in multicellular species. Finally, the fact that a species has only two biological sexes does not imply that every member of the species is either male, female or hermaphroditic, or that the sex of every individual organism is clear and determinate. The idea of biological sex is critical for understanding the diversity of life, but ill-suited to the job of determining the social or legal status of human beings as men or women. (shrink)

Talk of gender identity is at the core of heated current philosophical and political debates. Yet, it is unclear what it means to have one. I examine several ways of understanding this concept in light of core aims of trans writers and activists. Most importantly, the concept should make good trans people’s understanding of their own gender identities and help understand why misgendering is a serious harm and why it is permissible to require information about people’s gender identities in public (...) life. I conclude that none of the available accounts meets these essential criteria, on the assumption that the gender norms of femininity and masculinity are unjustified. But we can, and should, pursue the feminist project without “gender identity”. Such feminism can include trans people because it is possible to account for the specific harm of misgendering without assuming a claim to the recognition of our gender identities. I conclude that we should eliminate the concept of “gender identity.” To understand the phenomena that are putatively captured by “gender identity,” we are better off employing other concepts, such as “sexual dysphoria,” (assigned or aspirational) “gender roles,” and (internalised or endorsed) “gender norms”. These concepts can usefully replace “gender identity” in an individual evaluation of each of the trans people’s claims to inclusion into particular spaces. (shrink)

Ellie Anderson had always known that she wanted to have children. Her mother, Louise, was aware of this wish. Ellie was designated male at birth, but according to news sources, identified as a girl from the age of three. She was hoping to undergo gender reassignment surgery at 18, but died unexpectedly at only 16, leaving Louise grappling not only with the grief of losing her daughter, but with a complex legal problem. Ellie had had her sperm frozen before starting (...) hormone treatment, specifically so that she would retain the chance of becoming a parent after her gender reassignment. Ellie had considered what might happen to the sperm if she died and was adamant that her children should be brought into the world. She made her mother promise to ensure that this would happen. But according to UK law, Ellie’s mother has no legal right to retain her sperm, or to use it to fulfil Ellie’s wishes. In this paper, we raise several key ethical questions on this case, namely: does a refusal to bring Ellie’s children into the world wrong her posthumously? Is Ellie’s mother morally entitled to use her daughter’s sperm as Ellie wished? Should the fact that Ellie was a minor at the time of her death or the fact that she was transgendered undermine her wish to have children? Can Ellie become a parent posthumously? We consider how these complex ethical questions could be approached. (shrink)

The central question of the paper is: do women have the right to exclude transwomen from women-only spaces? First I argue that biological sex matters politically, and should be protected legally—at least until such a time as there is no longer sex discrimination. Then I turn to the rationales for women-only spaces, arguing that there are eight independent rationales that together overdetermine the moral justification for maintaining particular spaces as women-only. I address a package of spaces, including prisons, changing rooms, (...) fitting rooms, bathrooms, shelters, rape and domestic violence refuges, gyms, spas, sports, schools, accommodations, shortlists, prizes, quotas, political groups, clubs, events, festivals, and terms. The arguments of these two sections taken together make a strong case against self-identification as the basis for legal sex (because legal sex will generally determine inclusion). In the last part of the paper, I address the objection that my conclusion was obtained through linguistic sleight of hand, which I answer by saying that choices about how to refer to transwomen don’t change the underlying fact that the basis for exclusion is generally sex, not gender identity. (shrink)

Most theories of concepts take concepts to be structured bodies of information used in categorization and inference. This paper argues for a version of atomism, on which concepts are unstructured symbols. However, traditional Fodorian atomism is falsified by polysemy and fails to provide an account of how concepts figure in cognition. This paper argues that concepts are generative pointers, that is, unstructured symbols that point to memory locations where cognitively useful bodies of information are stored and can be deployed to (...) resolve polysemy. The notion of generative pointers allows for unresolved ambiguity in thought and provides a basis for conceptual engineering. (shrink)

From a radical feminist perspective, gender is a cage. Or to be more precise, it’s two cages. If genders are cages, then surely we want to let people out. Being less constrained in our choices is something we all have reason to want: theorists in recent years have emphasized the importance of the capability to do and be many different things. At the very least, we should want an end to sex-based oppression. But what does this entail, when it comes (...) to gender? In this paper, I’ll compare four ‘transitional pathways’, with a view to considering how each relates to the ultimate end of ending sex-based oppression. Should we open the doors to the cages, so that people can move freely between them, but leave the cages themselves in place?. Should we add more cages?. Should we make the cages bigger, so that people have a lot more room to move around inside them? Or should we dismantle the cages, so there are no more genders at all?. Some of these options are ‘gender revisionist’, others are gender abolitionist. I’ll argue in favour of a gender abolitionist pathway. (shrink)

Alex Byrne’s article, “Are Women Adult Human Females?”, asks a question that Byrne treats as nearly rhetorical. Byrne’s answer is, ‘clearly, yes’. Moreover, Byrne claims, 'woman' is a biological category that does not admit of any interpretation as (also) a social category. It is important to respond to Byrne’s argument, but mostly because it is paradigmatic of a wider phenomenon. The slogan “women are adult human females” is a political slogan championed by anti-trans activists, appearing on billboards, pamphlets, and anti-trans (...) online forums. In this paper, I respond to Byrne’s argument, revealing significant problems with its background assumptions, content, and methodology. (shrink)

Many philosophers believe that our ordinary English words man and woman are “gender terms,” and gender is distinct from biological sex. That is, they believe womanhood and manhood are not defined even partly by biological sex. This sex/gender distinction is one of the most influential ideas of the twentieth century on the broader culture, both popular and academic. Less well known are the reasons to think it’s true. My interest in this paper is to show that, upon investigation, the arguments (...) for the sex/gender distinction have feet of clay. In fact, they all fail. We will survey the literature and tour arguments in favor of the sex/gender distinction, and then we’ll critically evaluate those arguments. We’ll consider the argument from resisting biological determinism, the argument from biologically intersex people and vagueness, the argument from the normativity of gender, and some arguments from thought experiments. We’ll see that these arguments are not up to the task of supporting the sex/gender distinction; they simply don’t work. So, philosophers should either develop stronger arguments for the sex/gender distinction, or cultivate a variety of feminism that’s consistent with the traditional, biologically-based definitions of woman and man. (shrink)

Beauvoir’s The Second Sex stands out as a master class in the accommodation of conceptual and inferential practices to real, objective gender kinds. Or so I will argue. To establish this framing, we will first need in hand the kind of scientific epistemology that correctly reconciles epistemic progress and error, particularly as pertains to the unruly social sciences. An important goal of the paper is to develop that epistemological framework and unlock its ontological implications for the domain of gender. As (...) we will see, the real gender kinds that contemporary social scientists successfully identify and track are very much the same kinds to which Beauvoir was coordinating reference in The Second Sex. The correct identification of those kinds endures as a moral and political priority, regardless of one’s other gender-related normative agenda. (shrink)

More discussion of some issues raised in "The female of the species: reply to Heartsilver", Journal of Controversial Ideas 2: 1-22 (2022).

Martínková et al provide an overview of a tendency to use gender terms in key sports contexts, including eligibility criteria and testing, where gender is unintended. They argue that to avoid conceptual confusion and aid clarity, we should disentangle gender and sex, acknowledging that often gender talk should be interpreted as talk of sex. One of their recommendations is that the labels of competitive categories ‘women’s’/’men’s’ should change to ‘female’/’male’. I first make their argument against gendered labelling more precise by (...) showing that important yet neglected moral and practical reasons support their abandonment. I then argue that in the case of WA regulations, those moral reasons also cut against Martínková et al.’s relabelling proposal ‘female’/’male’. I sketch a testosterone-based proposal which circumvents the problem and which WA itself should accept. More generally, I argue we should be more mindful of the risk that competitive category labels unnecessarily harm athletes. (shrink)

I argue for a deflationary answer to the question, “What is it to be a woman?” Prior attempts by feminist theorists to provide a metaphysical account of what all and only women have in common have all failed for the same reason: there is nothing women have in common beyond being women. Although the social kinds man and woman are primitive, their existence can be explained. I say that human sex difference is the material ground of systems of gender; gender (...) systems serve to enable male control of female reproductive capacities. This explains the fact that most women are female, but it does not entail that all women are female or that all females are women. To clarify my position, I draw an analogy between the kind woman and the kind parent. While it is difficult to come up with necessary and sufficient conditions for being a parent, it is clear that the social institution or practice of parenting has its material ground in the biological facts about human reproduction together with facts about infantile dependency. Saying this does not entail that all and only biological progenitors are parents. (shrink)

Wem wird geglaubt und wem nicht? Wessen Wissen wird weitergegeben und wessen nicht? Wer hat eine Stimme und wer nicht? Theorien der epistemischen Ungerechtigkeit befassen sich mit dem breiten Feld der ungerechten oder unfairen Behandlung, die mit Fragen des Wissens, Verstehens und Kommunizierens zusammenhängen, wie z.B. die Möglichkeit, vom Wissen oder von kommunikativen Praktiken ausgeschlossen zu werden oder zum Schweigen gebracht zu werden, aber auch Kontexte, in denen die Bedeutungen mancher systematisch verzerrt oder falsch gehört und falsch dargestellt werden, in (...) denen manchen misstraut wird oder es an epistemischer Handlungsfähigkeit mangelt. In diesem Buch wird eine Übersicht über die breite Debatte epistemischer Ungerechtigkeit, epistemischer Unterdrückung und epistemischer Gewalt gegeben, in dem unterschiedliche Theorien, die sich auf der Schnittstelle von Gerechtigkeitstheorie und epistemischen Fragen befinden, systematisch und kritisch diskutiert sowie theoretische Vorgänger dieser Theorien beleuchtet werden. (shrink)

I argue against the exclusive female/male divide, referring to the phenomenon of epistemic injustice in the cases of people with nonbinary gender identities and people with intersex traits. Such people have traits that are counterexamples to the binary female/male model. I have separated female and male traits into nine basic layers, five of which belong to sex and four to gender. In every layer, I have found traits that are neither female nor male, and the application of the model to (...) individuals provides examples of clusters of traits for which one layer is male and another female. Such traits and clusters of traits create the category of the nonbinary. Table 1 provides a sketch of a nonbinary model. The nonbinary category takes its name from the existing category of nonbinary gender identity; however, in the current model, it is a third category of traits, not of people. Under the nonbinary model, the basic gender concepts do not disappear. S is a woman if S is a human being with enough female traits, and the trait of having self-determined female gender identity is sufficient but not necessary. (shrink)