In an article recently published in the Oxford Journal of Legal Studies, the legal scholar Helen Reece argues that the prevalence and effects of rape myths have been overstated and the designation of certain beliefs and attitudes as myths is simply wrong. Feminist researchers, she argues, are engaged ‘in a process of creating myths about myths’ in a way that serves to close down and limit productive debate in this ‘vexed’ area. In this article we argue that Reece’s analysis is (...) methodologically flawed, crudely reductionist and rhetorically unyielding. We locate Reece’s analysis within the wider theoretical field to show how her failure to engage with feminist literature on rape other than in the narrowest, most exclusionary terms, yields an approach which impedes rather than advances public understanding and panders to a kind of simplistic thinking which cannot begin to grapple with the complexity of the phenomenon that is rape. We conclude by emphasizing the continuing commitment of feminist researchers carefully to theorize and map the fraught field of progressive legal strategizing in order to identify and counter the kinds of risks and shortcomings of political activism with which Reece is rightly concerned. (shrink)

Principles of distributive justice are normative principles designed to guide the allocation of the benefits and burdens of economic activity.

This paper considers law’s engagement with pregnancy/workplace conflicts. Drawing on recent research, including original empirical research conducted by the author, I consider how law’s response is ineffective. The nature of this ‘ineffective response’ is explored and in particular I consider the gap between, on the one hand, legal prescriptions and policy ambitions and, on the other hand, the reality of pregnancy/workplace conflicts. In essence, law fails to capture the experiences of pregnant women and new mothers at work and this is (...) reflected in the high number of women experiencing pregnancy discrimination, the low number of women invoking the law in order to gain redress when they do experience pregnancy/workplace conflicts and the low success rate amongst the few women that do bring claims against employers in such circumstances. (shrink)

This author reviews some of the issues on which legal feminism has worked as well as the current status of the discussion, especially in Italian feminism. This is the case of family relationships, procreation and abortion, violence against women and security policies, prostitution, work in the labour market, the limits to citizenship and the confluence of feminism and the claims of cultural identities. With the assumption that legal feminism does not mean only “studies on women” but involves a crucial perspective (...) to discuss any subject, the author also reviews the relationship between feminism, law and gender. (shrink)

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 (...) what is involved, for Kant, in the process of objectification, what it really means for a person to be an object (what Kant calls an `object of appetite'), and finally deal with his reasons for thinking that marriage can provide the solution to the problem of sexual objectification. I then proceed to some contemporary feminist discussions on sexual objectification, showing how influential Kant's ideas have been for contemporary feminist thinkers MacKinnon, Dworkin, and Nussbaum. My analysis of these feminists' work focuses on the striking similarities, as well as the important differences, that exist between their views and Kant's views on what objectification is, how it is caused, and how it can be eliminated. (shrink)

Women and men are biologically and reproductively dissimilar. This sexual distinctiveness gives rise to a “sexual asymmetry”—the fundamental reality that the potential consequences of sexual intercourse are far more immediate and serious for women than for men. Advocates of contraception and abortion sought to cure sexual asymmetry by decoupling sex from procreation, relieving women from the consequences of sex, and thus equalizing the sexual experiences of men and women. But efforts to suppress or reject biological difference have not relieved women (...) of the consequences of sex and the vulnerabilities of pregnancy, even as they have further relieved men. Although secular feminist responses to biological difference have served to exacerbate sexual asymmetry, Catholic teaching on abortion, sex, and marriage—even contraception—provides an authentically pro-woman cultural response. (shrink)

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 (...) to reform of the law in relation to the recognition of traditional marriage, a response which outraged some members of the Indigenous community. In this article I examine the various representations of culture and individuals that were utilised by ‘the law’ and how these representations informed the legal response. In the process I question the limits of my own role as a ‘white middle-class feminist’ in the context of explorations of law and culture. Is there a space to become involved in these debates without being complicit in fostering racism and prejudice and without reverting to stereotypes and cultural arrogance? (shrink)

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 (...) 3 considers those definitions of pornography that make an a priori distinction between pornographic and artistic representations. The difference between the ‘merely’ erotic and the pornographic is also discussed in this context. Section 4 provides a critical assessment of the most recent and elaborate arguments against the compatibility of pornography and art. Finally, in Section 5, a case is made for the existence of pornographic art, as a subcategory of erotic art. (shrink)

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 (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

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.

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 (...) exercitive and the covert exercitive) and I argue that each such exercitive affords a distinct model of oppressive speech. (shrink)

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 (...) of conversion, and not only (as argued elsewhere) in battery. Since the quintessential experience of sex-slaves is that of being treated as chattels, the appropriate legal response is to allow them to benefit from the strict liability imposed on those who interfere with an owner’s dominion over his property. Accordingly, sex-slaves should be viewed as both subjects and objects. As subjects they can sue clients for the violation of their sexual autonomy manifested by their treatment as objects. This approach is both advantageous to sex-slaves, in the sense it affords them protection that might not otherwise exist, and fair, since the ultimate response to the objectification of sex-slaves by clients should be to afford the former a proprietary-based claim against the latter. I further explain why my approach is not problematic on conceptual grounds, anti-commodification sentiments or feminist concerns with the symbolic message of my solution: that the law treats women as property. (shrink)

Analytic feminists are philosophers who believe that both philosophy and feminism are well served by using some of the concepts, theories and methods of analytic philosophy modified by feminist values and insights. By using ‘ analytic feminist’ to characterize their style of feminist philosophizing, these philosophers acknowledge their dual feminist and analytic roots and their intention to participate in the ongoing conversations within both traditions. In addition, the use of ‘ analytic feminist’ attempts to rebut two frequently made presumptions: that (...) feminist philosophy. (shrink)

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 (...) of the items in question. Social constructionists pursuing this strategy—and it is these social constructionists I will be focusing on in this paper—aim to “debunk” the ordinary assumption that the categories are natural, by revealing the more accurate social basis of the classification.2 To avoid confusion, and to resist some of the associations with the term ‘social construction’, I will sometimes use the term ‘socially founded’ for the categories that this sort of constructionist reveals as social rather than natural. (shrink)

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.

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 (...) crucially, on these grounds. I consider and reject accounts of the wrong of NCS that make no reference to its animalizing character, such as that it violates victims’ (procreative) autonomy, amounts to treating them merely as a means, inflicts psychological harm on them, or constitutes an affront to their human dignity. My discussion suggests that the critical vocabulary of bioethics should be expanded beyond talk of rights-violations, benefits and harms, and equal treatment—and that the language of dehumanization is indispensable to bioethicists. (shrink)

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, (...) the body of research data on pornography addiction does not provide conclusive support for behavioural addiction. The aim of this thesis is to put forward the idea that pornography can, and should, be conceptualised as an addictive substance, and, that when pornography is consumed, an addictive substance is consumed. In order to support this claim, there are many factors that must be addressed. I first clarify what pornography entails by exploring how it is conceptualised, what pornography ‘does’, and what it means to be a pornography consumer. Secondly, I examine the conceptualisations of substances, substance consumption and addiction, respectively, as well as the subsequent difference between substance and behavioural addiction. Thirdly, I give an inclusive overview of pornography addiction by not only examining the most recent perspectives of researchers, but also of pornography consumers. I conclude by suggesting how we should go about conceptualising pornography addiction, and then propose how the set of diagnostic criteria for pornography use disorder should be formulated for a future iteration of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders. I argue that, given the abundance of academic research on substance addiction, compared to the scarcity of research on behavioural addiction, conceptualising pornography as an addictive substance is more likely to create a sense of urgency for the future research of pornography addiction than would be the case if it is considered a potential behavioural addiction. Furthermore, I argue that the classification of pornography as an addictive substance, and the inclusion of pornography use disorder in a future iteration of the DSM, will raise awareness of the potential adverse effects of pornography consumption and, therefore, the harmful consequences of pornography use disorder. (shrink)

Rae Langton and Caroline West famously argue 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 in (...) discourse theory, we propose that pornography issues implicit directives, and thereby introduces bouletic components into the discourse. (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)

Spanish Translation of "He/She/They/Ze" (Ergo, 2018).

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 (...) conceptual puzzles, I assign the gray-area ambiguity a positive analytical role by attending to it in a historical and dialectical light. By tracing histories of feminist antirape discourse, I elaborate a way of understanding the “gray area” of sexual violations, articulating it as a historical condition affecting the interpretive possibilities of our sexual experiences. Such an approach underscores the potential of the gray area to inaugurate feminist critique in virtue of its status as a historically specific yet ambiguous horizon where our experiences can contradictorily seem not-like rape, but not-like sex. (shrink)

[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 (...) claims: (1) that once we recognise the role of social norms in the epistemology of recordings, deepfakes are much less concerning, (2) that the history of photographic manipulation reveals some important precedents, correcting claims about the novelty of deepfakes, and (3) that proposed solutions to deepfakes have been overly focused on technological interventions. My overall goal is not so much to argue that deepfakes are not a problem, but to argue that behind concerns around deepfakes lie a more general class of social problems about the organisation of our epistemic practices. (shrink)

Feminist philosophers have long emphasized the ways in which women’s oppression takes a variety of forms depending on complex combinations of factors. These include women’s objectification, dehumanization and unjust gendered divisions of labour caused in part by sexist ideologies regarding women’s social role. This paper argues that feminized artificial intelligence (feminized AI) poses new and important challenges to these perennial feminist philosophical issues. Despite the recent surge in theoretical and empirical attention paid to the ethics of AI in general, a (...) strikingly small portion of this work has considered the impact of feminized AI in particular. Our aim is thus to draw attention to the new and pressing ethical challenges posed by feminized AI. Doing so is crucial not just to understanding the impact of these increasingly ubiquitous technologies, but also to our understanding of longstanding feminist philosophical concerns and efforts to ameliorate them. (shrink)

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 (...) Inquirists, since not all those who identify as women count as women on these proposals, and some who count as women on these proposals don’t identify as women. This is the Trans Inclusion Problem. Is there any solution? Can there be? Recently, Katharine Jenkins, pointing to the work of Mari Mikkola, suggests that the Trans Inclusion Problem can be “deflated” rather than solved. We will investigate this proposal, and show that, unfortunately, Jenkins is mistaken: Mikkola’s project will not help us answer the Trans Inclusion Problem. After that, we’ll look at Robin Dembroff’s suggestion that we “imitate” the linguistic practices of trans inclusive and queer communities, and we will evaluate whether this would help us solve the Trans Inclusion Problem. Unfortunately, this strategy also fails to solve the problem. By the end, we’ll have a better appreciation of the challenges faced by Ameliorative Inquirists in their project of redefining “woman,” and clearer view of why the Trans Inclusion Problem cannot, in fact, be solved. That’s primarily because, no matter what it means to be a woman, it’s one thing to be a woman, and another thing to identify as a woman. (shrink)

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 (...) to see BDSM as a simple or straightforward model for how to practice egalitarian sex. Yet, BDSM communities grapple with issues of consent, autonomy, and power in important ways, which can help us think through broader issues in sexual ethics. Either way, BDSM must be understood in its full complexity. (shrink)

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 (...) women to create pliable characters incapable of giving consent to their depiction. Next, we develop the idea of ‘illocutionary wronging’, in which an individual is forced to engage in speech acts they would prefer to avoid in order to deny or correct the misleading evidence of a publicized deepfake. Finally, we consider the risk that deepfakes may facilitate campaigns of ‘panoptic gaslighting’, where many systematically altered recordings of a single person's life undermine their memory, eroding their sense of self and ability to engage with others. Taken together, these harms illustrate the roles that social epistemology and technological vulnerabilities play in human ethical life. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 6, Page 833-859, July 2022. Two decades ago, Tarana Burke started using the phrase ‘me too’ to release victims of sexual abuse and rape from their shame and to empower girls from minority communities. In 2017, actress Alyssa Milano made the hashtag #MeToo go viral. This article’s concern is with the role of testimonial practices in the context of sexual violence. While many feminists have claimed that the word of those who claim to (...) being sexually violated by others have political and/or epistemic priority, others have failed to recognize the harm and injury of instances of sexual violence that are not yet acknowledged as such and failed to listen to victims from marginalized social groups. In fact, some feminists have attacked #MeToo for mingling accounts of ‘proper’ sexual violence and accounts that are not ‘proper’ experiences of sexual violence. My aim in this article is to show why this critique is problematic and find a philosophically fruitful way to understand the #MeToo-movement as a movement that strives for moral and conceptual progress. (shrink)

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. (...) My paper aims to introduce some of the major accounts in this special area in the intersection of speech act theory and feminist philosophy. Rather than just reconstructing Langton’s arguments and the most common objections against it, I will take a more holistic approach, examining its surrounding literature as well. This article has six sections. In Section 1, I contrast the conservative and liberal arguments against pornography and sketch MacKinnon’s liberal critique. In Section 2, I give alternative interpretations of MacKinnon’s thesis, “pornography is harm.” In Section 3, I try to make sense of the prima facie implausible assumption that pornography is speech. In Section 4 and 5, I will analyze the Langtonian theories about subordination and silencing. Finally, in Section 6, I will mention the most challenging problems for Langton’s approach, considering the verbal nature or pornography, the limits of the protection of free speech, and the different positions on sexual consent. (shrink)

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 (...) of authority, and of refusal, and argue that a normatively binding refusal requires authority, the normative capacity to make a determination that has a ‘because I said so’ structure. Women’s authority in this sense is fragile. Authority to refuse sexual advances can be lost through women’s attire, how much they have had to drink, location, or their profession. This account makes sense of the way that perpetrators both do and do not understand sexual refusal, and explains how they are blameworthy despite their misunderstanding. (shrink)

Outlaw emotions are emotions that stand in tension with one’s wider belief system, often allowing epistemic insight one may have otherwise lacked. Outlaw emotions are thought to play crucial epistemic roles under conditions of oppression. Although the crucial epistemic value of these emotions is widely acknowledged, specific accounts of their epistemic role(s) remain largely programmatic. There are two dominant accounts of the epistemic role of emotions: The Motivational View and the Justificatory View. Philosophers of emotion assume that these dominant ways (...) of accounting for the epistemic role(s) of emotions in general are equipped to account for the epistemic role(s) of outlaw emotions. I argue that this is not the case. I consider and dismiss two responses that could be made on behalf of the most promising account, the Justificatory View, in light of my argument, before sketching an alternative account that should be favoured. (shrink)

The notion that rape is an act of violence rather than sex is a central tenet in rape crisis support and education. A therapeutic benefit of this conceptualisation of rape is that it counters shame and guilt by affirming that the victim was not a complicit partner in an act of sex. However, this conceptualisation has recently been criticised for not capturing what makes rape an especially serious kind of wrong. This raises an apparent dilemma for rape crisis support. Recent (...) work in analytic moral philosophy on the nature of rape offers a way to resolve this dilemma. It is argued that rape is not sex, but is nonetheless sexual. This distinction allows for a charitable reformulation of the central tenet in rape crisis support, which can facilitate the dual therapeutic aims of countering the sense of shame and of recognising the especially serious kind of the harm suffered by the victim. (shrink)

Women’s status in the Western world has improved enormously, but the revolution that would make women and men truly equal has not yet occurred. I argue that the reason is that gender divisions still deeply bifurcate the structure of modern society. Feminists want women and men to be equal, but few talk about doing away with gender divisions altogether. From a social constructionist structural gender perspective, it is the ubiquitous division of people into two unequally valued categories that undergirds the (...) continually reappearing instances of gender inequality. I argue that it is this gendering that needs to be challenged by feminists, with the long-term goal of doing away with binary gender divisions altogether. To this end, I call for a feminist degendering movement. (shrink)

This paper proposes a distinctive kind of agency that can vindicate the agency of members of marginalised groups while accommodating the autonomy-undermining influences of oppression. Socially-embedded agency—the locus of which is in the exercise of our ability to negotiate between different social features—is compatible with, and can explain, various phenomena, including double-consciousness and white fragility. Moreover, although socially-embedded agency is neither necessary nor sufficient for autonomy, exercising it is practically necessary for autonomy, at least for members of marginalised groups in (...) our non-ideal world. (shrink)

Trafficking in women’ has, in recent years, been the subject of intense feminist debate. This article analyses the position of the Coalition Against Trafficking in Women (CATW) and the writings of its founder, Kathleen Barry. It suggests that CATW's construction of ‘third world prostitutes’ is part of a wider western feminist impulse to construct a damaged ‘other’ as justification for its own interventionist impulses. The central argument of this article is that the ‘injured body’ of the ‘third world trafficking victim’ (...) in international feminist debates around trafficking in women serves as a powerful metaphor for advancing certain feminist interests, which cannot be assumed to be those of third world sex workers themselves. This argument is advanced through a comparison of Victorian feminist campaigns against prostitution in India with contemporary feminist campaigns against trafficking. The term ‘injured identity’ is drawn from Wendy Brown's (1995) States of Injury, Power and Freedom in Late Modernity. Brown argues that certain groups have configured their claims to inclusion in the liberal state in terms of ‘historical ‘injuries’. Antoinette Burton (1998) extends Brown's analysis to look at Victorian feminists’ relationship to Empire, arguing that the ‘injured identities’ of colonial ‘others’ were central to feminist efforts to mark out their own role in Empire. This paper builds on Burton's analysis, asking what role the ‘injured identities’ of third world sex workers play in the construction of certain contemporary feminist identities. The notion of ‘injured identities’ offers a provocative way to begin to examine how CATW feminists position the ‘trafficking victim’ in their discourse. If ‘injured identity’ is a constituent element of late modern subject formation, this may help explain why CATW and Barry rely so heavily on the ‘suffering’ of ‘third world trafficking victims’ in their discourses of women's subjugation. It also raises questions about the possible repressive consequences of CATW's efforts to combat ‘trafficking in women’ through ‘protective’ legislation. (shrink)

Acts of sexual violence in transit environments are everyday occurrences for women across the globe, and the fear of being on the receiving end of sexual violence severely impacts women’s mobility patterns. Gill Valentine, in her examination of women’s fear of male violence and women’s perception and use of public space, has argued that the impact on women’s mobility amounts to a spatial expression of patriarchy. The aim of this paper is to expand upon Valentine’s notion of “the spatial expression (...) of patriarchy” by engaging feminist philosophy within the context of sexual violence against women on public transportation. More specifically, I will argue for two particular interpretations of the spatial expression of patriarchy, one structural and one relational. It follows from my view that solutions to overcoming and ending sexual violence against women on public transportation hinge on both a structural and a relational understanding of the spatial expression of patriarchy. (shrink)

This dissertation fits within the literature on subordinating speech and aims to demonstrate that how language subordinates is more complex than has been described by most philosophers. I argue that the harms that subordinating speech inflicts on its targets (chapter one), the type of authority that is exercised by subordinating speakers (chapters two and three), and the expansive variety of subordinating speech acts themselves (chapter three) are all under-developed subjects in need of further refinement—and, in some cases, large paradigm shifts. (...) I also examine cases that have yet to be adequately addressed by philosophers working on this topic, like the explosion of abusive speech online (chapter four) or the distinctive speech acts of protest groups (chapter five). I argue that by considering these alongside the ‘paradigm’ cases of subordinating speech that inform most models, we are better able to capture the lived realities of this phenomena, as described by members of groups targeted by such speech. I develop a novel account of speaker authority to explain the variety of pragmatic effects subordinating speech generates. Instead of seeing this authority as reducible to either a formal position or a merely local, linguistic phenomenon, I argue for a conception of speaker authority that is a richly contextual social fact, distributed unevenly among members of different social groups. I also develop an account of collective authority that explains how a group of speakers can join together to subordinate in a way that no individual speaker is capable of doing. This account, I argue, is better able to explain the social reality of subordinating speech than individualist models. Overall, I show how a more fine-grained account of subordinating speaker authority gives us a more accurate picture of the different subordinating speech acts available to different speakers, along with how these may harm their targets. (shrink)

I argue for a deflationary answer to the question, “What is it to be a woman?” Prior attempts by feminist theorists to provide a metaphysical account of what all and only women have in common have all failed for the same reason: there is nothing women have in common beyond being women. Although the social kinds man and woman are primitive, their existence can be explained. I say that human sex difference is the material ground of systems of gender; gender (...) systems serve to enable male control of female reproductive capacities. This explains the fact that most women are female, but it does not entail that all women are female or that all females are women. To clarify my position, I draw an analogy between the kind woman and the kind parent. While it is difficult to come up with necessary and sufficient conditions for being a parent, it is clear that the social institution or practice of parenting has its material ground in the biological facts about human reproduction together with facts about infantile dependency. Saying this does not entail that all and only biological progenitors are parents. (shrink)

Rae Langton famously argues that pornographic speech illocutionarily subordinates and silences women. Making good this view hinges on identifying the context relevant for fixing such force. To do so, a parallel is typically drawn between pornographic recordings and multipurpose signs involved in delayed communication, but the parallel generates a dispute about the right illocutionary force-fixing context. Jennifer Saul and myself argue that if pornographic speech is akin to multipurpose signs, its illocutionary force is fixed by the actual decoding context: of (...) using/viewing pornographic recordings. By contrast, Claudia Bianchi argues that the relevant context is intended/expected decoding. Here I take issue with Bianchi’s view. Her intentionalist account faces two serious objections. First, the collapse objection: Bianchi’s intentionalist view is so formulated that it collapses into that endorsed by Saul and me. This undermines Bianchi’s case against us. Second, the dissonance objection: looking at a different aspect of Bianchi’s view, and one that does depart from the positions of Saul and myself, shows that her analysis is too intentionalist and cannot be used to elucidate pornography’s illocutionary force. Bianchi’s view should hence be rejected. This nevertheless leaves open further theoretical avenues of research, which I briefly discuss at the end of the paper. (shrink)

This article intervenes in a critical debate about the use of consent to distinguish sex from rape. Drawing from critical contract theories, it argues that sexual consent is a cruel optimism that often operates to facilitate, rather than alleviate, sexual violence. Sexual consent as a cruel optimism promises to simplify rape allegations in the popular cultural imagination, confounds the distinction between victims and agents of sexual violence, and establishes certainty for potential victimizers who rely on it to convince themselves and (...) others that their partners implicitly or explicitly agreed to sex. In each of these cases, the power of consent rests in its tendency to obscure sexual violence in a set of questions around victimhood and agency, rather than to clarify whether or when it has occurred. Following in the critical contract tradition, this article argues that the optimistic attachment to the clarifying power of consent helps to explain the persistent commitment to better sexual consent as a ‘solution’ to the problems of rape and sexual violence, and that this ‘solution’ is insufficient to the task. (shrink)

The objective of this paper is to show that pornography dehumanizes women through essentialization. First, I argue that certain acts of subject-essentialization are acts of subject-dehumanization. Second, I demonstrate, by reviewing evidence about the linguistic material that we find in and around pornography, that pornography systematically deploys content that essentializes women in the ways identified as problematic. It follows that pornography dehumanizes women.

Feminist metaphysics is simultaneously feminist theorizing and metaphysics. Part of feminist metaphysics concerns social ontology and considers such questions as, What is the nature of social kinds, such as genders? Feminist metaphysicians also consider whether gendered perspectives influence metaphysical theorizing; for example, have approaches to the nature of the self or free will been conducted from a masculinist perspective, and would a feminist perspective yield different theories? Some feminist metaphysicians develop metaphysical theories with the aim of furthering certain social goals, (...) such as gender equality. Despite these and other intriguing research projects, feminist metaphysics faces challenges from two flanks: one might argue that "feminist metaphysics" is not metaphysics, or one might argue that it is not feminist. Recently, Elizabeth Barnes has made the case that, since contemporary accounts of the nature of metaphysics focus primarily on the fundamental, they have the problematic implication that feminist metaphysics is not, properly speaking, metaphysics. However, less emphasis has been paid, of late, to the idea that major strands of feminist thought also problematize feminist metaphysics. I will briefly assess the metaphysician's case against feminist metaphysics in Section 2 of this chapter. Then, in Section 3, I will examine in more detail possible feminist concerns over metaphysics. In Section 4, I sketch a different conception of metaphysics that avoids both mainstream and feminist challenges to feminist metaphysics. (shrink)