Feminists debate whether women can autonomously embrace their own subordination. Some argue that it is the process of identifying with desires and values that matters; others, that it is the content of the desires and values that matters. In this paper, I introduce a novel class of cases of ‘thwarted autonomy,’ in which women pursue autonomy but in ways that reinforce gendered subordination, and draw on these cases to develop an expressivist view of women’s autonomy. On this view, agents must (...) embody desires and values in the social world if they are to achieve self-understanding, such that the social world mediates the relation-to-self. Oppressive meanings and norms can channel this expressive activity in ways that violate women’s physical integrity and involve self-abnegation that is incompatible with autonomy. (shrink)

Feminists have always been concerned with how the clothes women wear can reinforce and reproduce gender hierarchy. However, they have strongly disagreed about what to do in response: some have suggested that the key to feminist liberation is to stop caring about how one dresses; others have replied that the solution is to give women increased choices. In this paper, we argue that neither of these dominant approaches is satisfactory and that, ultimately, they have led to an impasse that pervades (...) the contemporary feminist debate. The problem is that both sides of the debate understand women’s complicity in patriarchal subordination as a matter of what women wear and do. Instead, we propose a phenomenological analysis that understands complicity as based in our relations to our clothes. Starting from this phenomenological perspective, we sketch a new relational feminist ethics of dressing. This alternative ethical paradigm cannot yield a simple recipe for how to dress or tell us what garments are off-limits. But it can offer a way to make critical feminist judgements about clothes without veering into a stifling new prescriptivism. (shrink)

Women continue to be in charge of most childrearing; men continue to be responsible for most breadwinning. There is no consensus on whether this state of affairs, and the informal norms that encourage it, are matters of justice to be tackled by state action. Feminists have criticized political liberalism for its alleged inability to embrace a full feminist agenda, inability explained by political liberals’ commitment to the ideal of state neutrality. The debate continues on whether neutral states can accommodate two (...) feminist demands: to enact policies aimed at dismantling the feminization of caregiving, especially childrearing, and to compensate women for some of the disadvantages they incur by being primary care-givers. I contribute to this debate with three arguments in support of policies meant to de-gender care-giving and compensate care-givers. The first appeals to equality of opportunity to positions of advantage and justifies policies that prevent or mitigate statistical discrimination and implicit biases. The second draws attention to a possible causal relationship between the specialization of women in early childcare and misogyny; since the latter is incompatible with political liberal justice, it yields the conclusion that political liberals ought to further investigate the causal hypothesis with the aim of establishing or refuting it. The third argument concludes that legitimate childrearing prohibits adults from socializing children or, at least girls, into gender norms; it justifies duties of justice on the side of parents, educators, and economic agents, and state policies meant to offset foreseeable breaches of some of these duties. (shrink)

People in liberal societies tend to feel a little uncomfortable talking about male genital cutting, but generally do not think it is morally abhorrent. But female genital cutting is widely consider...

This paper explores the neglected ‘harms-to-others’ which result from increased attention to beauty, increased engagement in beauty practices and rising minimal beauty standards. In the first half of the paper I consider the dominant discourse of beauty harms – that of ethics and policy – and argue that this discourse has over-focused on the agency of, and possible harms to, recipients of beauty practices. I introduce the feminist discourse which recognises a general harm to all women and points towards an (...) alternative understanding; although it too focuses on engaging individuals. I argue over-focusing on harms to engaging individuals is somewhat surprising especially in liberal contexts, as this harm can broadly be regarded as ‘self-harm’ (done by individuals to themselves, or by others employed by individuals to do so). The focus on engaging individuals has resulted in the neglect of significant and pressing harms-to-others in theory, policy and practice. In the second half of the paper I turn to actual and emerging harms-to-others. I focus on three particular harms-to-others as examples of the breadth and depth of beauty harms: first, direct harm to providers; second, indirect but specific harm to those who are ‘abnormal’; and third, indirect and general harm to all. I conclude that, contrary to current discourses, harms-to-others need to be taken into account to avoid biased and partial theorising and counter-productive policy-making. I advocate recasting beauty, in a parallel way to smoking, as a matter of public health rather than individual choice. (shrink)

This paper investigates the possibility of what Sally Haslanger calls ‘ideology critique’. It argues that ideology critique cannot rely on epistemological considerations alone but must be based on a normative political theory. Since ideological oppression is denied by those who suffer from it is it is not possible to identify privileged epistemological standpoints in advance.

How do we achieve social justice? How do we change society for the better? Some would argue that we must do it by changing the laws or state institutions. Others that we must do it by changing individual attitudes. I argue that although both of these factors are important and relevant, we must also change culture. What does this mean? Culture, I argue, is a set of social meanings that shapes and filters how we think and act. Problematic networks of (...) social meanings constitute an ideology. Entrenched ideologies are resilient and are barriers to social change, even in the face of legal interventions. I argue that an effective way to change culture is through social movements and contentious politics, and that philosophy has a role to play in promoting such change. (shrink)

At once historical and philosophical, Michel Foucault used his genealogical method to expose the contingent conditions constituting the institutions, sciences and practices of the present. His analyses of the asylum, clinic, prison and sexuality revealed the historical, political and epistemological forces that make up certain types of subjects, sciences and sites of control. Although noting the originality of his work, a number of early critics questioned the normative framework of Foucault's method. Nancy Fraser argued that Foucault's genealogical method was ‘normatively (...) confused’ as it implied political critique yet claimed to be value-neutral. Jürgen Habermas and Charles Taylor also questioned the normative basis of Foucault's appeals to critique, arguing it was self-refuting as Foucault left no room for the subject to escape power. Although a debate among these scholars was planned for the mid-1980s, Foucault's death in 1984 meant this could not occur. A number of edited volumes sought to fabricate a debate, with defenders of Foucault excavating his published monographs to construct responses to his critics. While the monographs remain the central texts of Foucault's oeuvre, over the past decade his Collège de France lectures have been published and translated into English. This article offers a schematic survey of the influence of the Collège de France lectures in recasting different points in the debates over normativity, critique and resistance. (shrink)

I argue that postcolonial feminist critiques draw our attention to four phenomena that are easily confused with what I call ?paradigmatic adaptive preference? ? and that the ability to distinguish these phenomena can improve the quality of development interventions. An individual has paradigmatic adaptive preferences (APs) if she perpetuates injustice against herself because her normative worldview is nearly completely distorted. The four look-alike phenomena postcolonial feminist critics help us identify are (a) APs caused by selective value distortion (SAPs), (b) APs (...) caused by forced tradeoffs (TAPs), (c) APs caused by misperceptions of the facts (MAPs), and (d) wellbeing-compatible preferences that are misunderstood because of a lack of cultural or contextual knowledge. The first three, I argue, are non-paradigmatic forms of AP that have gone previously unrecognized and that we need to expand our conceptual vocabulary to describe; the last is not a form of AP at all. Development practitioners can grapple more seriously with the real-world complexities of moral psychology and cross-cultural moral judgments if they are capable of distinguishing paradigmatic AP from the look-alike phenomena. (shrink)

This paper defends a distinctly liberal approach to public health ethics and replies to possible objections. In particular, I look at a set of recent proposals aiming to revise and expand liberalism in light of public health's rationale and epidemiological findings. I argue that they fail to provide a sociologically informed version of liberalism. Instead, they rest on an implicit normative premise about the value of health, which I show to be invalid. I then make explicit the unobvious, republican background (...) of these proposals. Finally, I expand on the liberal understanding of freedom as non-interference and show its advantages over the republican alternative of freedom as non-domination within the context of public health. The views of freedom I discuss in the paper do not overlap with the classical distinction between negative and positive freedom. In addition, my account differentiates the concepts of freedom and autonomy and does not rule out substantive accounts of the latter. Nor does it confine political liberalism to an essentially procedural form. (shrink)

Recent criticisms of medicine converge on fundamental questions about the aim of medicine. The main task of this paper is to propose an account of the aim of medicine. Discussing and rejecting the initially plausible proposal according to which medicine is pathocentric, the paper presents and defends the Autonomy Thesis, which holds that medicine is not pathocentric, but sanocentric, aiming to promote health with the final aim to enhance autonomy. The paper closes by considering the objection that the Autonomy Thesis (...) is overly permissive and allows many highly controversial procedures as legitimate parts of medicine. (shrink)

Everyday lookism, by which I mean the widespread practice of commenting upon and judging the appearance of others, is often regarded as morally troubling. But when, and why, is it morally problemat...

How do social norms influence our choices? And does the presence of biased norms affect what we owe to each other? Looking at empirical research relating to PrEP rollout in HIV prevention policy, a...

Despite women’s increased labor force participation, household divisions of labor remain highly unequal. Properly implemented, gender egalitarian political interventions such as work time regulation, dependent care provisions, and family leave initiatives can induce families to share work more equally than they currently do. But do these interventions constitute legitimate uses of political power? In this article, I defend the political legitimacy of these interventions. Using the conception of citizenship at the heart of political liberalism, I argue that citizens would accept (...) political interventions aimed at protecting the ‘genuinely available option’ to enact gender egalitarian lifestyles. More strongly still, I argue that under certain circumstances, citizens would insist on the enactment of political interventions to protect this option. According to political liberalism’s constraints on legitimacy, this insistence renders these interventions not only legitimate but positively mandatory. It is legitimate for a state to exercise power to preserve the genuinely available option to enact a gender egalitarian lifestyle, and under certain circumstances, it is illegitimate for a state to fail to do so. (shrink)

This paper presents an account of liberal feminism as a capacious family of doctrines. The account is capacious in the sense that it sweeps in a wide variety of doctrines, including some thought to be challenges to liberal feminism, and allows us to refer to doctrines with more than one label—so we can identify, for example, care-ethical liberal feminism, socially conservative liberal feminism, and liberal socialist feminism. The capacious account also provides a conceptual framework to allow us to think with (...) greater clarity about the scope of liberal feminist claims to justice, and about how that justice is to be secured and sustained. Since there is such variety within the liberal feminist family of doctrines, it makes little sense to criticize or defend liberal feminism simpliciter. The capacious account both requires and makes it possible for us to eschew such talk and focus instead on the particular doctrines we have in mind. (shrink)

In this article, we evaluate the capacity of liberal egalitarianism to rebut what we call the libertarian challenge of charity. This challenge states that coercive redistributive taxation is neither needed nor justified, since those who endorse redistribution can give charitably, and those who do not endorse redistribution cannot justifiably be coerced. We argue that contemporary developments in liberal political thought render liberalism more vulnerable to this libertarian challenge. Many liberals have, in recent years, sought to recast liberalism such that it (...) is more hospitable to cultural, religious, and ethnic diversity. This move has resulted in increased support for the claim that liberalism should be understood as a political rather than comprehensive doctrine, and that liberal institutions should draw their legitimacy from agreements made among members of an appropriately conceived deliberative community, rather than from controversial liberal principles like individual autonomy. We argue that, while this move may indeed make liberalism more compatible with cultural diversity, it also makes it more vulnerable to the libertarian challenge of charity. Not all versions of liberalism are troubled by the challenge, but those that are troubled by it are increasingly dominant. We also discuss G.A. Cohen's claim that liberal equality requires an ‘egalitarian ethos’ and argue that, if Cohen is right, it is difficult to see how there can be an adequate response to the libertarian challenge of charity. In general, our argument can be summarised as follows: the more that liberalism is concerned accurately to model the actual democratic wishes and motivations of the people it governs, the less it is able to justify coercively imposing redistributive principles of justice. (shrink)

In this paper I argue that the way to reduce the power of overdemanding beauty ideals is not to advocate that individuals have a ‘duty to resist’, a duty to stop engaging in appearance enhancing practices and body work. I begin by arguing against the claim that women who ‘do’ beauty are suffering from false consciousness. I then give four further additional arguments against advocating a ‘duty to resist’ as an effective means to challenge dominant beauty norms. First, that as (...) a tactic it is ineffective. Second, it is an individual approach which divides and silences. Third, it induces shame and blame, and undermines effective collective action. Fourth, it fails to recognize the privilege of the group norms which make resistance possible. (shrink)

The modern social world is unjust. It is also complex. What does this latter fact imply about the kind of approach that should be used in ameliorating the injustice expressed in the former fact? One answer, recently put forth by Jacob Barrett, is that _ideal theory_, which he understands as being fundamentally defined by the identification and subsequent pursuit of an aspirational macro-level institutional goal, lacks a place in social reform. The reason he thinks ideal theory lacks a place has (...) to do with its inability to deal with complexity. _Pace_ Barrett, I argue that ideal theory, suitably understood, can play a valuable role in social reform in a complex world. While some ideal theorists have underappreciated the extent to which complexity considerations complicate social reform, this does not mean that there is no place for it. This paper surveys the resources ideal theory has available to cope with what I call _the challenge of complexity_. Although the coping techniques will be successful to varying degrees, I believe, in aggregate, a compelling case can be made that ideal theory can combat the challenge of complexity. Still, one may worry that even if ideal theory can adequately deal with complexity, it cannot adequately deal with ever-changing social circumstances. Call this _the dancing landscape objection_. A static ideal theory cannot overcome it, but a _dynamic ideal theory_ could. In sum, dynamic ideal theory can contribute to social reform in a complex and mutable social world. (shrink)

This essay addresses the relationships between prescription and description in legal rules. The analysis will focus on the culture-laden connotations of factual categories implied in all legal sentences and/or provisions. This investigation is spurred by the need to assess the impact of cultural difference in people’s understanding of legal imperatives and, symmetrically, how that impact is to be considered in the application of law. Differences in ways of categorizing the world could position the cultural pre-understanding required by law, and the (...) pluralism recognized and protected by constitutional principles and human/fundamental rights discourse, at a crossroads. Hence, even when we find an illegitimacy or an ignorance about what legal rules do not explicitly state but instead implicitly presuppose, this does not exclude that behind that ignorance there may be something worthy of legal protection. A question emerges: is it legitimate and reasonable to consider the ignorantia facti resulting from differing ways of categorizing the factual world as automatically and uncritically subject to the principle ignoratia legis non excusat? The essay continues with an assessment of the possible consequences of ignorantia facti in the administration of justice in multicultural societies and migration contexts. For this purpose, the opportunity for an intercultural use of law—including within national law—will be considered as a means of avoiding the discriminatory application of ignorantia facti. This topic will be addressed by leveraging both semiotic and cultural-anthropological analytical tools, including the well-known greimasien “contrat de véridiction”. (shrink)

In this response to the five philosophers who engaged her Toward a Feminist Theory of the State in decades-down-the-road assessments, Professor MacKinnon takes up the central questions in the dialogues they raised on questions of epistemology, method, social construction, racism, and judgment. She re-asserts the centrality of sexuality in gender and sexual abuse in gender inequality and recounts some of the legal consequences of this critique, which she originated.

In “Acquiescence Is Not Agreement: The Problem of Marginalization in Pediatric Decision Making,” Caruso Brown argues that clinicians and ethicists should attend to voices marginalized by hie...

This paper engages with the work of Catharine MacKinnon to consider three ways of understanding the phrase "judging women." First, when is it acceptable or necessary to make judgements about what women do? The paper argues that feminist analysis urges compassion and empathy for women, but also highlights the ways that choices are limited and shaped by patriarchy. Thus we cannot and should not avoid all judgment of women’s—and men’s—choices. Second, when can women engage in the act of judging? It (...) is sometimes claimed that it is anti-feminist to engage in such judgment, and that feminists must above all else avoid being judgmental. The paper rejects this idea and argues instead that feminism should insist on women's right to exercise judgment: women’s voices matter. Third, how are we to judge who counts as a woman? MacKinnon’s work offers profound, sustained, rich analysis of these questions, but does not fully resolve them. (shrink)

The capability approach was developed as a response to the ‘equality of what?’ question, which asks what the metric of equality should be. The alternative answers are, broadly, welfare, resources or capabilities. G.A. Cohen has raised influential criticisms of this last response. He suggests that the capability approach’s focus on individuals’ freedom – their capability to control their own lives – renders its view of well-being excessively ‘athletic’, ignoring benefits achieved passively, without the active involvement of the benefitted individual. However, (...) positing ‘capabilities’ as the appropriate metric of distributive justice need not commit capability theorists to a comprehensive account of well-being, and so not to the athletic conception Cohen ascribes to them. Their aim can, instead, be to delineate legitimate government action and guide egalitarian public policy. Capabilities, in this context, are not just components of individual well-being; they must also be the appropriate goal of just distributive policies. When understood in this way, as a guide to policy, I will argue that the capability approach’s focus on ‘athletic’ individual freedom and control is justified: in the public domain, it is important not just that individuals receive ‘benefits’, but that they participate in their achievement. (shrink)

Amy E. Caruso Brown (2022) considers situations in which a minor child’s parent or legal guardian (the “marginalized decision-maker (MDM)”) defers to another individual (the “primary decision-maker...

Cosmopolitanism and statism represent the two dominant liberal theoretical standpoints in the current debate on global distributive justice. In this paper, I will develop a feminist argument that recommends that statist approaches be rejected. This argument has its roots in the feminist critique of liberal theories of social justice. In Justice, Gender, and the Family Susan Moller Okin argues that many liberal egalitarian theories of justice are inadequate because they assume a strict division between public and private spheres. I will (...) argue that this inadequacy is replicated in statist approaches to global justice. To demonstrate this, I will show how an analogue of Okin's critique of Rawls's A Theory of Justice can be extended to his The Law of Peoples. I will conclude that statist theories inevitably assume a strong divide between public and private spheres and that by doing so they allow for situations marked by gross injustice which anyone concerned with the welfare of the world's most vulnerable should find unacceptable. (shrink)