This chapter discusses gender in relation to the most influential current accounts of distributive justice. There are various disparities in the benefits and burdens of social cooperation between women and men. Which of these, if any, one identifies as indicative of gender injustice will depend on the theory of distributive justice that one endorses. Theoretical decisions concerning the role of personal responsibility, the goods whose distribution is relevant for justice, and the site of justice - institutions-only or individual behaviour, too (...) - all influence how one thinks about gender justice. (shrink)

While Susan Moller Okin found much to celebrate in Rawls's earlier articulation of his theory of justice, she worried that his later turn to political liberalism evacuated his theory of its feminist potential. Here, I argue that we need not be so pessimistic: some of the strongest arguments for pursuing certain feminist projects can and should be made from within a politically liberal framework. In advancing this claim, I develop Rawls's idea of primary goods—namely those goods that all citizens need (...) qua citizens—as a key conceptual resource for arguing for the elimination of the gendered division of labor using public reason. Drawing on recent empirical literature, I point out that the gendered division of labor continues to distribute to women an unfair allocation of primary goods. I then advocate for a specific public policy, which I call Gender Egalitarian Daddy Quota—a parental leave policy that sets aside time specifically for fathers to encourage men and women to engage in childcare related leave-taking to similar extents—on the grounds that this policy would help secure a fairer distribution of primary goods, and thus is required as a matter of justice. (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)

Feminist socially constitutive conceptions of autonomy make the presence of idealized social conditions necessary for autonomy. I argue that such conceptions cannot, when applied under nonideal conditions, play two key feminist theoretical roles for autonomy: the roles of anti-oppressive character ideal and paternalism-limiting concept. Instead, they prescribe action that reinforces oppression. Treated as character ideals, socially constitutive conceptions of autonomy ask agents living under nonideal ones to engage in self-harm or self-subordination. Moreover, conceptions of autonomy that make idealized social conditions (...) a requirement of autonomy yield the conclusion that oppressed agents are appropriate objects of paternalism. (shrink)

This paper examines two different ways of understanding the concept of bodily integrity and their political implications. In Drucilla Cornell's use of the concept, the body cannot be separated from the mind. Protecting bodily integrity means protecting possibilities of imagining the self as whole. Martha Nussbaum's theorizing is based on a liberal way of conceptualizing subjectivity, in which the mind and the body are separate, and bodily integrity is used to refer to physical inviolability.

What should be the aim of LGBT-inclusive, state-mandated curricula in liberal, pluralist societies? In this article, I identify two distinct aims that such curricula might have. The first, LGBT Respect, aims to teach that LGBT individuals have equal political status and rights. The second, LGBT Approval, aims to teach a positive attitude towards LGBT relationships, including that there is nothing wrongful about these forms of relationship. I examine what arguments in favour of these different aims are available to the liberal (...) concerned with accommodating pluralism. To capture this concern, I adopt political liberalism's strict standard for legitimate political interventions that these must have justifications that all reasonable citizens can accept. This initially seems to recommend curricula that aim at LGBT Respect but stop short of LGBT Approval. Can the political liberal go any further? I propose and critically discuss the most promising arguments in favour of LGBT Approval, including the need to prevent harm to children, ensure political equality, and secure the social conditions needed for the development of the primary good of self-respect. I tentatively conclude that there exists a cumulative case for state-mandated curricula aiming at LGBT Approval, at least in the contingent, nonideal circumstances that currently obtain. (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)

This thesis explores the relationship between the capability approach to justice and liberal philosophy. I argue that the most compelling articulation of the capability approach—one given by Martha Nussbaum—suffers from an unattractive kind of inconsistency. On the one hand, Nussbaum is committed to formulating a robust account of a dignified human life which can give rise to a range of individual entitlements which ought to be guaranteed to all individuals. On the other hand, Nussbaum is committed to political liberalism which (...) requires state institutions to uphold strict neutrality between a variety of reasonable conceptions of the good. Nussbaum’s first commitment results in the formulation of a list of ten central human capabilities. However, I argue that the content and justification of this list cannot be successfully established in a way that is consistent with Nussbaum’s second commitment. Therefore, in this thesis, I propose a novel capability approach: a two-step approach which consists of two principles arranged in lexical priority. First, governments have a moral obligation to secure individuals with a meta-capability of autonomy. That is to say, governments must provide the conditions which are conducive to individuals exercising a range of agentic competencies which are constitutive of autonomous judgement. Second, governments have a moral obligation to provide opportunities for individuals to exercise this meta-capability in six domains of well-being: health, politics, knowledge, relationships, self-expression, and work. I argue that exercising autonomous choice in the pursuit of welfare is necessary for a good life, regardless of the specific choices individuals eventually make, and even if they choose to forgo some supposedly valuable choices altogether. My proposal has two striking features which set it apart from other articulations of the capability approach. First, my proposal is comprehensive in that it relies on a particular view about what is a valuable way of life. In my view, a way of life is valuable if it is pursued autonomously, that is to say, if it involves an individual exercising a set of agentic competencies and standing in appropriate relations with other people. And second, by virtue of being based in this particular comprehensive claim, my account of justice is anti-perfectionist. That is to say, my proposal does not aim to compel people to make valuable choices. Rather, it aims to equip people with the means to live the kind of life they find valuable and worth living. I then apply this capability approach to the domain of education, and I argue it can be useful in formulating an ambitious and transformative approach to education. In particular, I develop a program of civic education aimed at responding to the problems associated with disinformation and ‘post-truth’ trends in politics. (shrink)

Rationing health care by ordeals is likely to have different effects on women and men, and on distinct groups of women. I show how such putative effects of ordeals are relevant to achieving gender justice. I explain why some ordeals may disproportionately set back women’s interest in discretionary time, health and access to health care, and may undermine equality of opportunity for positions of advantage. Some ordeals protect the interests of the worse-off women yet set back the interests of better-off (...) women in equal opportunities. I suggest how we can use ordeal design to advance particular aims of gender justice. (shrink)

In this article, I develop a tension in the capabilities approach between committing to political liberalism and ensuring full capability for all persons. In particular, I argue that the capabiliti...

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...

Hymen construction and nontherapeutic male circumcision are medical nonindicated interventions that give rise to specific ethical concerns. In Europe, hymen construction is generally more contested among medical professionals than male circumcision. Yet, from a standard biomedical framework, guided by the principles of autonomy, beneficence, nonmaleficence, and justice, circumcision of boys is, as this article explains, more problematic than hymen construction. While there is a growing debate on the acceptability of infant circumcision, in the case of competent minors and adults the (...) surgery is not questioned. In the case of hymenoplasty, usually requested by a competent patient, it is recommended to only perform the operation after extensive counseling and if there are compelling conditions. The article further explores why attitudes of medical professionals toward both surgeries diverge and seeks to explain how this is largely informed by gendered and socio-cultural understandings. The arti... (shrink)

At the center of many critiques of liberalism is liberal neutrality, which is attacked on two fronts. First, it is argued that neutrality yields a restrictive sphere of public reason. Contentious views—like those endorsed by citizens with marginalized comprehensive doctrines—are outlawed from public consideration. Second, state policies must have neutral effects, lest they differentially impact those with unpopular views. Contentious state actions—like those endorsed by citizens with marginalized moral views—are outlawed from implementation. It is this combination of demands for neutrality (...) at the individual and state levels that produces the concern: if marginalized comprehensive doctrines cannot be discussed in the realm of public reason, and if marginalized moral views cannot be acted upon by the state, how will we ever achieve the goals of feminism, itself a marginalized moral view? Does liberal neutrality prohibit progress toward gender equality? In this paper, I argue to the contrary. Many objections regarding liberalism’s supposed failure to secure gender justice rely on a conception of neutrality as neutrality of effect. But at both the individual and state levels, liberalism’s demand for neutrality is about justification. Liberalism, specifically political liberalism, requires neither neutral content of public reasons nor neutral effects of state policies. (shrink)

The principle of respect for autonomy in clinical ethics is frequently linked to bioethics’ neglect of community-level ethical considerations. I argue that the latter is not an inevitable consequence of the former; rather, that neglect results from a common interpretation of respect for autonomy in solely synchronic and individual terms. A relational understanding of autonomy reveals the way in which respect inescapably involves diachronic and social dimensions. When these are acknowledged, the association between respect for autonomy and liberal individualism is (...) weakened. Such respect has more in common with communitarian approaches, and it need not conflict with the incorporation of collective-level values into ethical deliberation. (shrink)

Through illustrating the similarities between embodied practices rooted in different cultural contexts (such as `African' female genital cutting and `Western' cosmetic surgery), feminist theorists seek to reveal the instability of essentialist binaries which distinguish various groups as culturally, ethnically and morally `different'. They also aim to query how the term `culture' is employed differentially on the basis of embodied axes such as race and nation. However, in emphasizing overarching commonalities between practices, feminist cross-cultural comparisons risk collapsing into economies of sameness (...) that elide the complex relations of power through which such practices have been constituted. They can also fix the imagined subjects of these practices in troubling ways. Using the ubiquitous `African' female genital cutting and `Western' cosmetic surgery binary as an example, this article explores the difference it might make to address culturally essentialist constructions of embodied practice with a focus on relationality rather than commonality. As a means to reorient feminist cross-cultural approaches which depend on assertions of similarity or sameness, it argues for the theoretical and pedagogical utility of thinking through relational webs. (shrink)