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Feminism Unmodified: Discourses on Life and Law

Harvard University Press (1987)

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  1. Recognizing Care: The Case for Friendship and Polyamory.Elizabeth Brake - 2014 - Syracuse Law and Civic Engagement Forum 1 (1).
    This paper responds to arguments that polyamorous groups or care networks do not qualify for equal treatment with marriages. It refutes the points that polyamory is inherently hierarchical or unstable, that there are too few people in such arrangements to mount an argument for recognition, that polyamory harms children, and that there are insurmountable legal and practical hurdles to network marriage. Finally, it respond to the charge that extending recognition to polyamorists will devalue the recognition of same-sex marriage.
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  • (2 other versions)Birthing a mother: The surrogate body and the pregnant selfElly Teman.Omi Leissner - 2012 - International Journal of Feminist Approaches to Bioethics 5 (1):133-159.
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  • Personal Narratives, Social Justice, and the Law.Samia Bano & Jennifer L. Pierce - 2013 - Feminist Legal Studies 21 (3):225-239.
    North American writer Joan Didion’s eloquent testimonial speaks to the significance of storytelling in our lives. Personal storiesmake our lives meaningful. Part of this is because our stories, wittingly or not, become the means through which we fashion our identities for listeners. Or, as scholars from many disciplines have argued, identity and selfhoodare narrative accomplishments. In this formulation, an individual constructs a sense of self by telling stories or “personal narratives,” which describe “the evolution of an individual life over time (...)
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  • Sexual Objectification: From Kant to Contemporary Feminism.Evangelia Papadaki - 2007 - Contemporary Political Theory 6 (3):330-348.
    Sexual objectification is a common theme in contemporary feminist theory. It has been associated with the work of the anti-pornography feminists Catharine MacKinnon and Andrea Dworkin, and, more recently, with the work of Martha Nussbaum. Interestingly, these feminists' views on objectification have their foundations in the philosophy of Immanuel Kant. Fully comprehending contemporary discussions of sexuality and objectification, therefore, requires a close and careful analysis of Kant's own theory of objectification. In this paper, I provide such an analysis. I explain (...)
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  • ‘She Knew What was Expected of Her’: The White Legal System’s Encounter with Traditional Marriage.Heather Douglas - 2005 - Feminist Legal Studies 13 (2):181-203.
    A recent case in the Northern Territory of Australia has raised the issues of intra-racial rape and the legal recognition of traditional marriages between Indigenous people. The defendant in the Jamilmira case was charged with statutory rape of a 15-year-old girl. He argued that the girl’s status as his promised wife should lead to mitigation of his sentence. Members of the Northern Territory judiciary and others in the community were divided in their response to his claim. Ultimately the case led (...)
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  • Autonomy and Authorship: Storytelling in Children's Picture Books.Louise Collins - 2010 - Hypatia 25 (1):174 - 195.
    Diana Tietjens Meyers and Margaret Urban Walker argue that women's autonomy is impaired by mainstream representations that offer us impovenshed resources to tell our own stories. Mainstream picture books apprentice young readers in norms of representation. Two popufor picture books about child storyteüers present competing views of a child's authority to tell his or her own story. Hence, they offer rival models of the development of autonomy: neoAiberal versus relational. Feminist critics should attend to such implicit models and the hidden (...)
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  • A History of Erotic Philosophy.Alan Soble - 2009 - Journal of Sex Research 49 (2-3):104-120.
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  • Resisting Reality: Social Construction and Social Critique.Michael Root - 2013 - Analysis 73 (3):563-568.
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  • Donna m'apparve.Nicla Vassallo - 2009 - Codice Edizioni.
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  • Drawing the Line: Art versus Pornography.Hans Maes - 2011 - Philosophy Compass 6 (6):385-397.
    Art and pornography are often thought to be mutually exclusive. The present article argues that this popular view is without adequate support. Section 1 looks at some of the classic ways of drawing the distinction between these two domains of representation. In Section 2, it is argued that the classic dichotomies may help to illuminate the differences between certain prototypical instances of pornography and art, but will not serve to justify the claim that pornography and art are fundamentally incompatible. Section (...)
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  • Twenty Years of Feminist Philosophy.Ann Ferguson - 1994 - Hypatia 9 (3):197 - 215.
    This paper provides an overview of twenty years of feminist philosophy in Northamerica. The professionalization of feminist theory that has occurred through the mainstreaming of feminist philosophy creates a danger of a gap between theory and practice that creates the danger of co-optation. Three stages of feminist philosophizing are outlined, including the radical critique, gender difference and difference/post-modernist stages. The last stage, it is argued, leads to an conceptual impasse about feminist strategies for social change.
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  • Taking Dependency Seriously: The Family and Medical Leave Act Considered in Light of the Social Organization of Dependency Work and Gender Equality.Eva Feder Kittay - 1995 - Hypatia 10 (1):8 - 29.
    Contemporary industrialized societies have been confronted with the fact and consequences of women's increased participation in paid employment. Whether this increase has resulted from women's desire for equality or from changing economic circumstances, women and men have been faced with a crisis in the organization of work that concerns dependents, that is, those unable to care for themselves. This is labor that has been largely unpaid, often unrecognized, and yet is indispensable to human society.
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  • Fathers' Rights, Mothers' Wrongs? Reflections on Unwed Fathers' Rights and Sex Equality.Mary L. Shanley - 1995 - Hypatia 10 (1):74 - 103.
    This article examines arguments concerning the right of an unwed biological father to consent to the adoption of his offspring, and to take custody of the child even against the mother's wishes. The understanding of gender-neutrality that supposedly supports many such arguments is false, and risks diminishing women's decision-making authority under the guise of sex equality. Laws governing unwed parent's rights must emphasize the centrality of parental responsibility in establishing parental rights.
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  • Reconstructing Rawls: The Kantian Foundations of Justice as Fairness.Robert S. Taylor - 2011 - Pennsylvania State University Press.
    With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...)
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  • Discrimination.Andrew Altman - 2020 - Stanford Encyclopedia of Philosophy.
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  • Where Ethics and Aesthetics Meet: Titian's Rape of Europa.A. W. Eaton - 2003 - Hypatia 18 (4):159 - 188.
    Titian's Rape of Europa is highly praised for its luminous colors and sensual textures. But the painting has an overlooked dark side, namely that it eroticizes rape. I argue that this is an ethical defect that diminishes the painting aesthetically. This argument-that an artwork can be worse off qua work of art precisely because it is somehow ethically problematic-demonstrates that feminist concerns about art can play a legitimate role in art criticism and aesthetic appreciation.
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  • Beyond Humanism and Postmodernism: Theorizing a Feminist Practice.Sara Ahmed - 1996 - Hypatia 11 (2):71 - 93.
    The model of feminism as humanist in practice and postmodern in theory is inadequate. Feminist practice and theory directly inform each other to displace both humanist and postmodern conceptions of the subject. An examination of feminism's use of rights discourse suggests that feminist practice questions the humanist conception of the subject as a self-identity. Likewise, feminist theory undermines the postmodern emphasis on the constitutive instability and indeterminacy of the subject.
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  • Feminist perspectives on objectification.Evangelia Papadaki - 2010 - Stanford Encyclopedia of Philosophy.
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  • Feminist perspectives on rape.Rebecca Whisnant - 2010 - Stanford Encyclopedia of Philosophy.
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  • Oppressive speech.Mary Kate McGowan - 2009 - Australasian Journal of Philosophy 87 (3):389 – 407.
    I here present two different models of oppressive speech. My interest is not in how speech can cause oppression, but in how speech can actually be an act of oppression. As we shall see, a particular type of speech act, the exercitive, enacts permissibility facts. Since oppressive speech enacts permissibility facts that oppress, speech must be exercitive in order for it to be an act of oppression. In what follows, I distinguish between two sorts of exercitive speech acts (the standard (...)
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  • Poetic justice: Why sex-slaves should be allowed to Sue ignorant clients in conversion. [REVIEW]Tsachi Keren-Paz - 2010 - Law and Philosophy 29 (3):307-336.
    In this article I argue that clients who purchase commercial sex from forced prostitutes should be strictly liable in tort towards the sex-slaves. Such an approach is both normatively defensible and doctrinally feasible. As I have argued elsewhere, fairness and equality demand that clients compensate sex-slaves even if one refuses to acknowledge that fault is involved in purchasing sex from a prostitute who might be forced. In this article I argue that such strict liability could be grounded in the tort (...)
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  • (1 other version)Bad apples: Feminist politics and feminist scholarship.Alan Soble - 1999 - Philosophy of the Social Sciences 29 (3):354-388.
    Some exceptional and surprising mistakes of scholarship made in the writings of a number of feminist academics (Ruth Bleier, Ruth Hubbard, Susan Bordo, Sandra Harding, and Rae Langton) are examined in detail. This essay offers the psychological hypothesis that these mistakes were the result of political passion and concludes with some remarks about the ability of the social sciences to study the effect of the politics of the researcher on the quality of his or her research.
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  • (1 other version)Power and the politics of difference: Oppression, empowerment, and transnational justice.Amy Allen - 2008 - Hypatia 23 (3):pp. 156-172.
    This paper examines Young’s conception of power, arguing that it is incomplete, in at least two ways. First, Young tends to equate the term power with the narrower notions of ‘ oppression ’ and ‘domination’. Thus, Young lacks a satisfactory analysis of individual and collective empowerment. Second, as Young herself admits, it is not obvious that her analysis of power can be useful in the context of thinking about transnational justice. Allen concludes by considering one way in which Young’s analysis (...)
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  • Constitutionalism.Wil Waluchow - 2008 - Stanford Encyclopedia of Philosophy.
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  • Privacy.Judith DeCew - 2008 - Stanford Encyclopedia of Philosophy.
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  • Feminist perspectives on power.Amy Allen - 2008 - Stanford Encyclopedia of Philosophy.
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  • What good are our intuitions: Philosophical analysis and social kinds.Sally Haslanger - 2006 - Aristotelian Society Supplementary Volume 80 (1):89-118.
    Across the humanities and social sciences it has become commonplace for scholars to argue that categories once assumed to be “natural” are in fact “social” or, in the familiar lingo, “socially constructed”. Two common examples of such categories are race and gender, but there many others. One interpretation of this claim is that although it is typically thought that what unifies the instances of such categories is some set of natural or physical properties, instead their unity rests on social features (...)
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  • (2 other versions)Deformed desires and informed desire tests.Anita Superson - 2000 - Hypatia 20 (4):109-126.
    : The formal theory of rational choice as grounded in desire-satisfaction cannot account for the problem of such deformed desires as women's slavish desires. Traditional "informed desire" tests impose conditions of rationality, such as full information and absence of psychoses, but do not exclude deformed desires. I offer a Kantian-inspired addendum to these tests, according to which the very features of deformed desires render them irrational to adopt for an agent who appreciates her equal worth.
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  • (1 other version)Liberal rights theory and social inequality: A feminist critique.Lisa Schwartzman - 1999 - Hypatia 14 (2):26-47.
    : Liberal rights theory can be used either to challenge or to support social hierarchies of power. Focusing on Ronald Dworkin's theory of rights and Catharine MacKinnon's feminist critique of liberalism, I identify a number of problems with the way that liberal theorists conceptualize rights. I argue that rights can be used to chal-lenge oppressive practices and structures only if they are defined and employed with an awareness and critique of social relations of power.
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  • (1 other version)The dilemma faced by chinese feminists.Xinyan Jiang - 2000 - Hypatia 15 (3):140-160.
    : In this essay I argue that in any country, the realization of sexual equality requires a certain level of economic development. I support this general theme by examining a particular case--a dilemma faced by Chinese feminists today. I intend to show that in a developing country such as China, where heavy physical labor is still in great demand in daily life and productive activity, full sexual equality cannot be a reality.
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  • What are we talking about? The semantics and politics of social kinds.Sally Haslanger - 2005 - Hypatia 20 (4):10-26.
    Theorists analyzing the concepts of race and gender disagree over whether the terms refer to natural kinds, social kinds, or nothing at all. The question arises: what do we mean by the terms? It is usually assumed that ordinary intuitions of native speakers are definitive. However, I argue that contemporary semantic externalism can usefully combine with insights from Foucauldian genealogy to challenge mainstream methods of analysis and lend credibility to social constructionist projects.
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  • The Wrong of Eugenic Sterilization.Aleksy Tarasenko-Struc - forthcoming - Journal of Bioethical Inquiry:1-15.
    I defend a novel account of the wrong of subjecting people to non-consensual sterilization (NCS), particularly in the context of the state-sponsored eugenics programmes once prevalent in the United States. What makes the eugenic practice of NCS distinctively wrong, I claim, is its dehumanizing core: the fact that it is tantamount to treating people as nonhuman animals, thereby expressing the degrading social meaning that they have the value of animals. The practice of NCS is prima facie seriously wrong partly, but (...)
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  • Pornography Conceptualised as an Addictive Substance.Shirah Theron - 2023 - Dissertation, University of Stellenbosch
    Since the dawn of the internet, pornography has effectively become ubiquitous, pervasive, and increasingly normalised. Study findings show remarkable similarities in how the brain reacts to pornography, and other known addictive substances, and indicate that consuming pornography is comparable to consuming other known addictive substances. Moreover, two of the biggest risk factors for addiction are the substance’s availability and its easy accessibility, particularly in the case of younger persons. To date, pornography addiction has been conceptualised as a behavioural addiction. However, (...)
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  • (1 other version)How Does Pornography Change Desires? A Pragmatic Account.Junhyo Lee & Eleonore Neufeld - forthcoming - Philosophical Quarterly.
    Rae Langton and Caroline West famously argued that pornography operates like a language game, in that it introduces certain views about women into the common ground via presupposition accommodation. While this pragmatic model explains how pornography has the potential to change its viewers’ beliefs, it leaves open how pornography changes people’s desires. Our aim in this paper is to show how Langton and West’s discourse theoretic account of pornography can be refined to close this lacuna. Using tools from recent developments (...)
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  • (1 other version)Toward an Expressivist View of Women's Autonomy.Laura Martin - 2024 - Ergo 11.
    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 (...)
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  • Agency, Responsibility, and the Limits of Sexual Consent.Caleb Ward - 2020 - Dissertation, State University of New York, Stony Brook
    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 (...)
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  • Él / Ella / They / Ze.Robin Dembroff & Daniel Wodak - 2023 - In Patricia Ruiz Bravo & Aranxa Pizarro (eds.), Pensando el género : lecturas contemporáneas. pp. 149-169. Translated by Aranxa Pizarro & Eloy Neira Riquelme.
    Spanish Translation of "He/She/They/Ze" (Ergo, 2018).
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  • Addressing the “Puzzle” of Gray-Area Sexual Violations.Nic Cottone - 2023 - Hypatia 38 (2):390-404.
    The gray area of sexual violations generally refers to ambiguous sexual experiences that are not readily distinguishable from rape or sex. Such experiences are describable as ambiguous or complex in a way that, to some, seems to defy existent categories of sexual experiences. This leads some feminists to approach the gray area as a puzzle that must be resolved either by understanding it as a new category, or by upholding existing rape categorization. Rather than dispelling the gray-area ambiguity by resolving (...)
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  • Deepfakes and the epistemic apocalypse.Joshua Habgood-Coote - 2023 - Synthese 201 (3):1-23.
    [Author note: There is a video explainer of this paper on youtube at the new work in philosophy channel (search for surname+deepfakes).] -/- It is widely thought that deepfake videos are a significant and unprecedented threat to our epistemic practices. In some writing about deepfakes, manipulated videos appear as the harbingers of an unprecedented _epistemic apocalypse_. In this paper I want to take a critical look at some of the more catastrophic predictions about deepfake videos. I will argue for three (...)
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  • Why the Trans Inclusion Problem cannot be Solved.Tomas Bogardus - 2022 - Philosophia 50 (4):1639-1664.
    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 (...)
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  • BDSM.Manon Garcia - 2022 - In Brian D. Earp, Clare Chambers & Lori Watson (eds.), The Routledge Handbook of Philosophy of Sex and Sexuality. Routledge Handbooks in Philosophy.
    BDSM is no longer treated as a manifestation of the darkest twists of the human soul but rather as a sexual activity like many others. Moreover, the philosophy of sex and much of popular culture has come to embrace BDSM for its models of consent, exploration, and freedom. Yet celebrating BDSM without deeper reflection can obscure some serious moral issues. In this chapter, I present an overview of the moral issues raised by BDSM, and I argue that it is reductive (...)
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  • Hate Speech.Luvell Anderson & Michael Randall Barnes - 2022 - Stanford Encyclopedia of Philosophy.
    -/- Hate speech is a concept that many people find intuitively easy to grasp, while at the same time many others deny it is even a coherent concept. A majority of developed, democratic nations have enacted hate speech legislation—with the contemporary United States being a notable outlier—and so implicitly maintain that it is coherent, and that its conceptual lines can be drawn distinctly enough. Nonetheless, the concept of hate speech does indeed raise many difficult questions: What does the ‘hate’ in (...)
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  • Deepfakes, Deep Harms.Regina Rini & Leah Cohen - 2022 - Journal of Ethics and Social Philosophy 22 (2).
    Deepfakes are algorithmically modified video and audio recordings that project one person’s appearance on to that of another, creating an apparent recording of an event that never took place. Many scholars and journalists have begun attending to the political risks of deepfake deception. Here we investigate other ways in which deepfakes have the potential to cause deeper harms than have been appreciated. First, we consider a form of objectification that occurs in deepfaked ‘frankenporn’ that digitally fuses the parts of different (...)
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  • Pornography, social ontology, and feminist philosophy.Katharine Jenkins - 2020 - Apa Newsletter on Feminism and Philosophy 20 (1):18-22.
    Mari Mikkola’s Pornography: A Philosophical Introduction is a rich, thorough, and important book. With great skill and precision, Mikkola maps the conceptual terrain of pornography; summarises and assesses key debates in the existing literature; and contributes her own insights – chiefly, in my view, an appealing artefactual definition of pornography, and a strong case for a methodological commitment to discussing pornography in a way that is grounded in empirical reality. The result is much more than the promised ‘introduction’: it is (...)
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  • (1 other version)On Public‐identity Disempowerment.Laura Valentini - 2021 - Journal of Political Philosophy 30 (4):462-486.
    Journal of Political Philosophy, EarlyView.
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  • Rethinking the wrong of rape1.Karyn L. Freedman - 2021 - Philosophical Issues 31 (1):104-127.
    In their well-known paper, John Gardner and Stephen Shute (2000) propose a pure case of rape, in which a woman is raped while unconscious and the rape, for a variety of stipulated reasons, never comes to light. This makes the pure case a harmless case of rape, or so they argue. In this paper I show that their argument hinges on an outdated conception of trauma, one which conflates evaluative responses that arise in the aftermath of rape with the non-deliberative (...)
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  • Pornography and Speech Act Theory – An In-Depth Survey.Áron Dombrovszki - 2021 - Elpis 14 (1):9-26.
    Considering the short history of the feminist philosophy of language, Rae Langton’s article “Speech Acts and Unspeakable Acts” was highly influential as one of the first positive research programs in the movement. In that paper, Langton – using John L. Austin’s speech act theory – tries to interpret Catharine MacKinnon’s thesis: pornography is a speech that subordinates and silences women. Despite the importance of the subject, those unfamiliar with certain historical and contextual features of the topic would hardly understand it. (...)
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  • Video on demand: what deepfakes do and how they harm.Keith Raymond Harris - 2021 - Synthese 199 (5-6):13373-13391.
    This paper defends two main theses related to emerging deepfake technology. First, fears that deepfakes will bring about epistemic catastrophe are overblown. Such concerns underappreciate that the evidential power of video derives not solely from its content, but also from its source. An audience may find even the most realistic video evidence unconvincing when it is delivered by a dubious source. At the same time, an audience may find even weak video evidence compelling so long as it is delivered by (...)
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  • Sexual Refusal: The Fragility of Women’s Authority.Elinor Mason - forthcoming - Hypatia.
    I expand on and defend a particular account of silencing that has been identified by Mary Kate McGowan. She suggests that one sort of silencing occurs when men do not think that women have the authority to refuse. I develop this proposal, arguing that it is usefully distinct from other forms of silencing, which attribute a radical misunderstanding to the perpetrator. Authority silencing, by contrast, allows that the perpetrator understands that the woman is trying to refuse. I examine the nature (...)
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  • Non-consensual personified sexbots: an intrinsic wrong.Karen Lancaster - 2021 - Ethics and Information Technology 23 (4):589-600.
    Humanoid robots used for sexual purposes are beginning to look increasingly lifelike. It is possible for a user to have a bespoke sexbot created which matches their exact requirements in skin pigmentation, hair and eye colour, body shape, and genital design. This means that it is possible—and increasingly easy—for a sexbot to be created which bears a very high degree of resemblance to a particular person. There is a small but steadily increasing literature exploring some of the ethical issues surrounding (...)
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