Accounts of sexual experience, sexual oppression, and sexual violation, if they are not to lend support to the problems they are invoked to address, require the foundation of a phenomenological description of the character of experience. Relying on Maurice Merleau-Ponty, I aim to provide this foundation, arguing that sexual experience is a domain not of detached, individual autonomy but of intrinsic susceptibility and exposure to the world. My description of sexual experience is intended to reveal the immanent norms that sexuality (...) projects and thereby to critique ways of inhabiting experience that disavow what is revealed in that description. The first section discerns three ambiguities that characterize our experience in Merleau-Ponty's notion of “flesh”: that between materiality and meaning, self and others, and self and world. The second section offers a phenomenology of sexual experience based on these ambiguities. The third section, on sexual oppression and suppression, identifies two stereotypical ways in which they are evaded: what I call the stances of “withdrawal from” and “control of” sexuality as flesh. Finally, the fourth section reveals the shortcomings of the legal-juridical domain in navigating our status as flesh, and warns against the proliferation of its terms, specifically the norm of consent. (shrink)

Much of the existing philosophical literature on BDSM focuses on questions about the ethics of BDSM. But there is an underlying question here regarding the nature of BDSM, one which remains largely unaddressed. In this paper, I take that metaphysical question to be prior to the normative one. In other words: it will be important to have a clear view of what BDSM is before we go on to evaluate it. -/- This is a paper about the nature of BDSM (...) and BDSM activities: what they are like, what makes them unique, and the ways in which these activities might be valuable. Here, I work from the philosophical literature on games to analyze structured erotic encounters (or “scenes”) in BDSM. In the first half of the paper, I argue that BDSM scenes are games, and that understanding them in this way yields important insights into the roles of agency, autonomy, and value in BDSM. In the second half of the paper, I map points of connection between this view of scenes-as-games and the existing literature on BDSM in sexual ethics, in order to illuminate the ways in which a moral evaluation of BDSM scenes might proceed from this analysis. (shrink)

In both popular and scholarly discussions, sexual consent is gaining traction as the central moral consideration in how people should treat one another in sexual encounters. However, while the concept of consent has been indispensable to oppose many forms of sexual violence, consent-based sexual ethics struggle to account for the phenomenological complexity of sexual intimacy and the social and structural pressures that often surround sexual communication and behavior. Feminist structural critique and social research on the prevalence of violation even within (...) consensual sex suggest that consent is insufficient to ground responsibility; a more fundamental orientation toward the value of sexual agency provides a better foundation for sexual ethics. Using feminist critical theory, phenomenology, and black feminist thought, this dissertation develops a socially situated and relational notion of sexual agency and diagnoses how such agency is neglected in prevailing discussions of consent in moral philosophy and legal theory. I argue that the ethical question of responsibility to another in a sexual encounter—apart from juridical considerations—should be reframed around the value of each person’s socially situated practices of agency. Preceding and extending beyond the obligation to gain valid consent for an action, responsibility demands adapting one’s intentions and behaviors in response to the wider range of another’s communicative expressions of agency. However, communicative expressions can be ambiguous or overdetermined by social context and cultural norms; they often offer only provisional traces of agency. To address this inherent uncertainty in intimacy, I propose drawing on insights from Emmanuel Levinas about the dynamic, open-ended nature of relationality, responsibility, and communication. Responsibility toward another does not depend on securing certainty about their “yes” or “no,” but requires responding continuously under conditions of uncertainty and ambiguity, adapting behaviors and intentions to make room for another’s agency despite its opacity. (shrink)

In Switzerland, institutions through which legal knowledge and education are produced have systemi-cally enabled epistemic injustice through forms of silencing and the cultivation of active ignorance along individual and institutional dimensions. As such, we argue that an important form of intervention in the legal education system, which would not only provide instruments to address epistemic injustice, but also better equip lawyers as individuals and as members of a collective, epistemic community, is feminist critical theory. Providing access and engagement with critical (...) legal methodology, throughout legal studies, is integral to the development of epistemic capacities. It would help prevent formation of insensitivities to experiences of injustice and interrupt the perpetuation of silencing and cultivation of active ignorance along individual and institutional dimensions. -/- . (shrink)