H. L. A. Hart, in his classic book Law, Liberty, and Morality, is unsuccessful in arguing that James Fitzjames Stephen’s observations about the role of vice in criminal sentencing have no relevance to a more general defense of legal moralism. He does, however, have a very important insight about the special significance of sexual liberty.

Drawing on Iris Marion Young’s essay, “House and Home: Feminist Variations on a Theme,” Weir argues for an alternative ideal of home that involves: (1) the risk of connection, and of sustaining relationship through conflict; (2) relational identities, constituted through both relations of power and relations of mutuality, love, and flourishing; (3) relational autonomy: freedom as the capacity to be in relationships one desires, and freedom as expansion of self in relationship; and (4) connection to past and future, through reinterpretive (...) preservation and transformative identification. (shrink)

Many ameliorative projects aim at moral goods such as social equality. For example, the amelioration of the concept MARRIAGE forms part of efforts to achieve equal rights for the LGBT+ community. What does implementation of such an ameliorated concept consist in? In this paper, I argue that, for some ameliorated concepts, successful implementation requires that individuals eschew semantic deference, at least with respect to relevant dimensions of the concept. My argument appeals to consideration of the aims of conceptual engineers engaged (...) in this type of ameliorative project: they seek conceptual change in order to contribute to the dismantling of oppressive social structures, institutions, and systems of belief. I argue that, for such aims to be achieved, it must be the case that individuals who come to endorse the concept do so for the right reasons---because they have gained an understanding of why the ameliorated concept is morally preferable to its ancestor. Once they have acquired such reasons, however, they are no longer correctly described as semantically deferential; they will treat moral reasons to employ the concept as overriding of semantic considerations. (shrink)

In this article, the author argues that we need to conceptualize gender as a social structure, and by doing so, we can better analyze the ways in which gender is embedded in the individual, interactional, and institutional dimensions of our society. To conceptualize gender as a structure situates gender at the same level of general social significance as the economy and the polity. The author also argues that while concern with intersectionality must continue to be paramount, different structures of inequality (...) have different constructions and perhaps different influential causal mechanisms at any given historical moment. We need to follow a both/and strategy to understand gender structure, race structure, and other structures of inequality as they currently operate while also systematically paying attention to how these axes of domination intersect. Finally, the author suggests we pay more attention to doing research and writing theory with explicit attention to how our work can indeed help transform as well as inform society. (shrink)

The sex/gender distinction is a staple of feminist philosophy. In slogan form: sex is “natural,” while gender is the “social meaning” of sex. Considering the importance of the sex/gender distinction—which, here, I neither endorse nor reject—it’s interesting to ask if philosophers working on the metaphysics of sexuality might make use of an analogous distinction. In this paper, I argue that we ought to endorse the sexual orientation/identity distinction. In particular, I argue that the orientation/identity distinction is indispensable to normative explanations (...) regarding LGBTQIA+ oppression and resistance. As a case study, I consider the oppression involved in the gentrification of historic queer neighborhoods. (shrink)

Within art therapy discourses there is a dearth of scholarly literature related to the dilemmas of voicing lesbianism and picturing lesbians. This is the result of sustained discrimination and censorship worldwide. In order to address this issue, a research study was designed to investigate this topic and its relationship to informing art therapy. There were two research methods and two research processes used in the project. Autobiography and art based research were the methods, and intertextuality and reflexivity were the research (...) processes. The methodology that underpinned the project was postmodern-feminism. Autobiographical material created through an art-based research method was reflexively viewed. The newly created visual texts stimulated intertextual links to past visual and written texts. These texts were used to map and track deeply held assumptions found embedded in essentialist, dualistic and modernist paradigms. By the use of postmodernfeminism deconstruction and reconstruction the investigation exposed and interrogated paradigm shifts resulting in subsequent personal transformations. The study revealed how past personal experiences of homophobia, lesbian invisibility and mental health treatment were deeply embedded in gender/sexuality norms, visual art discourse and social stigmatisation. These experiences impacted significantly on the ability to verbally and visually reveal both lesbian and lesbianism, and as such impacted on perceptual shaping of multiple selves within self. The study further demonstrated how the postmodern-feminist investigation destabilised dominant paradigms and subverted their location in “truth”, allowing for reconstruction of selves to be explicitly pictured. The significance of the findings for art therapy is three fold. Firstly, by offering a postmodern-feminist perspective through a lesbian lens, embedded modernist paradigms central to art therapy discourse are challenged. Secondly, the creative process of image making, within a postmodern-feminist frame is showcased. Within such a process change can be mobilised and self perceptions can be transformed. Thirdly, the study has advanced art therapy towards a more contemporary and critically informed discipline, one that can reflect on possible dilemmas encountered by lesbian clientele when verbally or visually self representing. The implications of the study have several intersections for the broader arts and health care sectors. (shrink)

: Even as feminist analyses have contributed in important ways to discussions of how gender is raced and race is gendered, there has been little in the way of comparative analysis of the specific mechanisms that are at work in the production of each. Feder argues that in Michel Foucault's analytics of power we find tools to understand the reproduction of whiteness as a complex interaction of distinctive expressions of power associated with these categories of difference.

Recent philosophical work on sexuality has focused primarily on sexual orientation. Yet, there’s another normatively significant phenomenon in the neighborhood: sexual identity. Here, I develop a cultural theory of queer and straight sexual identity. In particular, I argue that sexual identity is a matter of inclusion/exclusion in relation to queer and straight cultures, which are differentiated in terms of characteristic practices involving kinship and political resistance.

Drawing on Iris Marion Young's essay, “House and Home: Feminist Variations on a Theme,” Weir argues for an alternative ideal of home that involves: the risk of connection, and of sustaining relationship through conflict; relational identities, constituted through both relations of power and relations of mutuality, love, and flourishing; relational autonomy: freedom as the capacity to be in relationships one desires, and freedom as expansion of self in relationship; and connection to past and future, through reinterpretive preservation and transformative identification.

In this paper I argue for a special kind of injustice I call “trust injustice.” Taking Miranda Fricker's work on epistemic injustice as my starting point, I argue that there are some ethical constraints on trust relationships. If I am right about this, then we sometimes have duties to maintain trust relationships that are independent of the social roles we play.

: The proposal that care ethic(s) (CE) be subsumed under the framework of virtue ethic(s) (VE) is both promising and problematic for feminists. Although some attempts to construe care as a virtue are more commendable than others, they cannot duplicate a freestanding feminist CE. Sander-Staudt recommends a model of theoretical collaboration between VE and CE that retains their comprehensiveness, allows CE to enhance VE as well as be enhanced by it, and leaves CE open to other collaborations.

Over the last decade, legal recognition of same-sex relationships in Canada has accelerated. By and large, same-sex cohabitants are now recognised in the same manner as opposite-sex cohabitants, and same-sex marriage was legalised in 2005. Without diminishing the struggle that lesbians and gay men have endured to secure this somewhat revolutionary legal recognition, this article troubles its narrative of progress. In particular, we investigate the terms on which recent legal struggles have advanced, as well as the ways in which resistance (...) to the legal recognition has been expressed and dealt with. We argue that to the extent that feminist critiques of marriage, familial ideology, and the privatisation of economic responsibility are marginalised, conservative and heteronormative discourses on marriage and family are reinforced. Our case studies include two pivotal moments in the quest for legislative recognition of same-sex relationships: the Hearings of the Canadian House of Commons Standing Committee on Justice and Human Rights on Bill C-23, The Modernization of Benefits and Obligations Act, in 2000 and the hearings on Same-Sex Marriage in 2003. We find that the debates operated within a narrow paradigm that bolstered many existing hierarchies and exacerbated conditions for those who are economically disadvantaged. (shrink)

Recent scholarship has identified the modern wedding as a principal site for the construction of heteronormativity. This article examines whether and how the participation of same-sex couples in the wedding ritual can challenge this construction. Photographs from the 2004 San Francisco same-sex weddings were quantitatively content-coded for subjects’ gender presentation and for the extent to which the couple embodied the heteronormative wedding standard of one bride and one groom. I find that all the men in these photographs conformed to gender (...) norms and thus no male couple conformed to the wedding standard. In contrast, approximately one-fifth of the women presented non-normative gender, and more than two-thirds of the formally dressed lesbian couples conformed to the wedding standard of a bride and a groom. In a close reading of four photographs, I argue that these images have the potential to challenge assumptions about normative sex, gender, and sexuality at the level of the symbolic when understood in relation to the institution of marriage. Nonetheless, the enactment of weddings depicted in these images may also reify weddings as heteronormative by conforming to expectations about how individuals and couples present themselves when marrying. These findings point to the importance of distinguishing symbolic and enacted heteronormativity. (shrink)

The proposal that care ethic be subsumed under the framework of virtue ethic is both promising and problematic for feminists. Although some attempts to construe care as a virtue are more commendable than others, they cannot duplicate a freestanding feminist CE. Sander-Staudt recommends a model of theoretical collaboration between VE and CE that retains their comprehensiveness, allows CE to enhance VE as well as be enhanced by it, and leaves CE open to other collaborations.

This article identifies five genres of anti-queer hate speech found in The Australian’s Facebook comments sections, exposing and analyzing the ways in which such comments are used to derogate cisgender and heterosexual women. One may be tempted to think of cis-het women as third-party victims of queerphobia; however, this article argues that these genres of anti-queer speech are, in fact, misogynistic. Specifically, it argues that these are instances of cis-hetero-misogynistic hate speech. Cis-hetero-misogyny functions as the “law enforcement branch” of a (...) cis-hetero-patriarchal gender order. Given the existence of such an order, it is clear that cis-het women’s liberation is inextricable from queer liberation. This article argues that to facilitate allyship and challenge this gender order—the order that elicits such hate speech acts—we need an epistemological revolution in the way we recognize and re-cognize human difference. (shrink)

Cappelen proposes a radically externalist framework for conceptual engineering. This approach embraces the following two theses. Firstly, the mechanisms that underlie conceptual engineering are inscrutable: they are too complex, unstable and non-systematic for us to grasp. Secondly, the process of conceptual engineering is largely beyond our control. One might think that these two theses are peculiar to the Austerity Framework, or to metasemantic externalism more generally. However, Cappelen argues that there is no reason to think that internalism avoids either commitment. (...) Cappelen argues that to do so she must provide arguments for 3 claims: there are inner states that are scrutable and within our control; concepts supervene on these inner states; and the determination relation from supervenience base to content is itself scrutable and within our control. In this paper, I argue that internalist conceptual role theories of content can meet Cappelen’s challenge. (shrink)

In Wilkinson v. Kitzinger, the petitioner (Susan Wilkinson) sought a declaration of her marital status, following her marriage to Celia Kitzinger in British Columbia, Canada in August 2003. The High Court refused the application, finding that their valid Canadian marriage is, in United Kingdom law, a civil partnership. In this note, I focus on Sir Mark Potter’s adjudication of the human rights issues under Articles 8, 12 and 14 of the European Convention on Human Rights (E.C.H.R.), highlighting his restatement of (...) the ideology of the ‹traditional’ family as natural, normative and desirable. I argue that this case shows that the exclusion of same sex couples from marriage is a feminist issue, because denying same sex couples access to marriage works to sediment patriarchal ideas and re-inscribe gender roles within the family. (shrink)

Even as feminist analyses have contributed in important ways to discussions of how gender is raced and race is gendered, there has been little in the way of comparative analysis of the specific mechanisms that are at work in the production of each. Feder argues that in Michel Foucault's analytics of power we find tools to understand the reproduction of whiteness as a complex interaction of distinctive expressions of power associated with these categories of difference.