Social groups—like teams, committees, gender groups, and racial groups—play a central role in our lives and in philosophical inquiry. Here I develop and motivate a structuralist ontology of social groups centered on social structures (i.e., networks of relations that are constitutively dependent on social factors). The view delivers a picture that encompasses a diverse range of social groups, while maintaining important metaphysical and normative distinctions between groups of different kinds. It also meets the constraint that not every arbitrary collection of (...) people is a social group. In addition, the framework provides resources for developing a broader structuralist view in social ontology. (shrink)

Its critics call it ‘feminism-as-crime-control’, or ‘Governance Feminism’, diagnosing it as a pernicious form of identity politics. Its advocates call it taking sexual violence seriously – by which they mean wielding the power of the state to ‘punish perpetrators’ and ‘protect vulnerable women’. Both sides agree that this approach follows from the radical feminist analysis of sexual violence most strikingly formulated by Catharine MacKinnon. The aim of this paper is to rethink the Governance Feminism debate by questioning this common presupposition. (...) I ask whether taking MacKinnon’s analysis of sexual violence seriously might, in fact, itself give us reason to be critical of political strategies that embrace the punitive state. By raising this question, I hope to persuade radical feminists to listen to critics of carceral politics rather than dismissing them as rape apologists, and critics of carceral politics to listen to radical feminists rather than dismissing them as state apologists. (shrink)

The socialisation of women into self-silencing by religion has complicated pastoral care interventions for the victims of domestic violence, particularly within the context of marriage. This article is written from an intercultural approach to pastoral care and applies the theory on silence. The aim of this article is to explore the way pastoral caregivers can extend caregiving to the victims of marital domestic violence who have silenced the self. The article draws from qualitative data that were collected through autobiographical narratives, (...) in-depth interviews and observations, and analysed through thematic analysis. The findings indicate that women are forced to silence the self in contexts of domestic violence by not speaking about the abuse that takes place in marriage. The self-silencing is justified by those who interpret Biblical texts that address marriage naively; in this case one of the two women who participated in this study confirmed that Proverbs 21:9 is used to justify self-silencing. Thus, the article concludes that pastoral care interventions in such contexts should include a circle of the significant others that women interact with such as the perpetrator and the broader community, including her social networks. (shrink)

How are patriarchal regimes perpetuated and reproduced? Kate Manne’s recent work on misogyny aims to provide an answer to this central question. According to her, misogyny is a property of social environments where women perceived as violating patriarchal norms are ‘kept down’ through hostile reactions coming from men, other women and social structures. In this paper, I argue that Manne’s approach is problematically incomplete. I do so by examining a recent puzzling social phenomenon which I call (post-)feminist backlash: the rise (...) of women-led movements reinstating patriarchal practices in the name of feminism. I focus on the example of ‘raunch feminist’ CAKE parties and argue that their pro-patriarchal dimension cannot be adequately explained by misogyny. I propose instead a different story that emphasizes the continued centrality of gender distinctions in our social normative life, even as gendered social meanings become increasingly contested. This triggers meaning vertigo, a distinct form of social anxiety and the reactionary impulse at the heart of (post)-feminist backlash. Meaning vertigo both complicates the answer to Manne’s main question—“why is misogyny still a thing?”—and suggests the need and opportunity for a different kind of feminist political intervention. (shrink)

Many theories of social justice maintain that concern for the social bases of self-respect grounds demanding requirements of political and economic equality, as self-respect is supposed to be dependent on continuous just recognition by others. This paper argues that such views miss an important feature of self-respect, which accounts for much of its value: self-respect is a capacity for self-orientation that is robust under adversity. This does not mean that there are no social bases of self-respect that such theories ought (...) to incorporate. It means that they are different: they consist of the motivational and epistemic resources needed to develop and maintain such robustness. (shrink)

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

Philosophers are often rude about each other, but their rudeness tends to be off the record, anonymous or sneaked in under the bloodless academic lexicon of ‘the worry’, ‘the concern’ and ‘the potential limitation’. But Lorna Finlayson’s rudeness comes with no softening frills: against her tailored prose, her insults pop. They make for quite a treat: desert landscapes may be all very well, but there is no need for philosophical writing to share their wearying climate. Introductory texts — and this (...) is an introductory text — must avoid being dry if they are to do any good at all, but this book does more than merely avoid dryness: it irrigates vast strips of feminist terrain that are often left untended, and shows the reader what might be done, with a little careful work. Finlayson is explicit that she conceives of her book as a corrective. Contemporary feminist political philosophy, like... (shrink)

Catharine MacKinnon’s feminist work on sexual abuse and violence has had a major impact on law and on policy in the United States and internationally. However, her complex theoretical writings, which are a foundation of that work, have yet to be adequately appreciated by philosophy, especially continental philosophy, that tradition with which she identifies her project. I explain her project in continental terms, especially Heidegger’s thought, so that we may better grasp the philosophical nature and significance of her work. In (...) doing so, I also open paths by which those within the continental tradition may make it more relevant to the pressing real-world problems that MacKinnon uniquely illuminates, especially pornography, prostitution, and other practices significantly constituted by sexual abuse and violence. (shrink)

In the wake of continued structural asymmetries between women of color and white feminisms, this essay revisits intersectional tensions in Catharine MacKinnon’s Toward a Feminist Theory of the State while exploring productive spaces of coalition. To explore such spaces, we reframe Toward a Feminist Theory of the State in terms of its epistemological project and highlight possible synchronicities with liberational features in women-of-color feminisms. This is done, in part, through an analysis of the philosophical role “method” plays in MacKinnon’s argument, (...) and by reframing her critique of juridical neutrality and objectivity as epistemic harms. In the second section, we sketch out a provisional coalitional theory of liberation that builds on MacKinnon’s feminist epistemological insights and aligns them with decolonizing projects in women-of-color feminisms, suggesting new directions and conceptual revisions that are on the way to coalition. (shrink)

Racism, sexism, and other forms of injustice are more than just bad attitudes; after all, such injustice involves unfair distributions of goods and resources. But attitudes play a role. How central is that role? Tommie Shelby, among others, argues that racism is an ideology and takes a cognitivist approach suggesting that ideologies consist in false beliefs that arise out of and serve pernicious social conditions. In this paper I argue that racism is better understood as a set of practices, attitudes, (...) social meanings, and material conditions, that systematically reinforce one another. Attitudes play a role, but even the cognitive/affective component of ideologies should include culturally shared habits of mind and action. These habits of mind distort, obscure, and occlude important facts about subordinated groups and result in a failure to recognize their interests. How do we disrupt such practices to achieve greater justice? I argue that this is sometimes, but not always, best achieved by argument or challenging false beliefs, so social movements legitimately seek other means. (shrink)

How does so much gender inequality endure in an era when many laws and policies endorse principles of gender equality? This essay examines this dilemma by considering Susan Moller Okin's criticism of “false gender neutrality,” research on implicit bias, and the shifting relation of gender bias to American law. I argue that these are crucial elements of the modern cycle of gender inequality, enabling it to operate through a perverse “invisible-hand” mechanism. This framework helps convey how underlying gender bias influences (...) individual behaviors that generate, legitimate, and mask broad patterns of inequality. Contemporary legal conflicts reflect many of these dynamics, which appear in controversies over gender-based violence, gender discrimination in pay and promotion, and women's reproductive health care benefits. This analysis advances our understanding of how the contemporary cycle of gender inequality operates, the complex links between individual behavior and structural bias, and the difficulty of pursuing gender justice through prevailing frameworks of law and liberalism. It also underscores the continued importance of feminists' collective work to address “invisible” as well as visible biases. (shrink)

Recent disclosures suggest that many governments apply indiscriminate mass surveillance technologies that allow them to capture and store a massive amount of communications data belonging to citizens and non-citizens alike. This article argues that traditional liberal critiques of government surveillance that center on an individual right to privacy cannot completely capture the harm that is caused by such surveillance because they ignore its distinctive political dimension. As a complement to standard liberal approaches to privacy, the article develops a critique of (...) surveillance that focuses on the question of political power in the public sphere. (shrink)

This essay considers the social effects of the strategy of "speaking out" about sexual violence to transform rape culture. I articulate the paradox that women's identification as victims in the public sphere reinscribes the gendered norms that enable the victimization of women. I suggest we create a more diversified public narrative of sexual violence and sexuality within the context of the movement against sexual violence in order to deconstruct masculinist power in feminine victimization.

This essay considers whether liberal political theory has tools with which to count gender, and so gender relations, as political. Can liberal political theory count sub-ordination among the harms of sex inequality that the state ought to correct? Watson defends a version of deliberative democracy—liberalism—as able to place issues of social inequality in the form of hierarchical social identities at the center of its normative commitments, and so at the center of securing justice.

This article attempts a re-configuration of silence, suicidal identity deconstruction and the politics of anti-racism. I will explore the potential of dismantling whiteness by way of a silence that involves the refusal to claim whiteness, a whiteness that, in effect, denies humanity to ‘others’. Such silences are insubordinate, as they challenge the hegemony of a racialized polity, attempting to resist its privileges, as well as its destructive and restrictive consequences.

Après avoir esquissé le champ de la pensée héteropolitique, celle qui est consacrée au thème de la société idéalisée, ce texte présente et discute les grands modèles de société nouvelle préconisés par l'hétéropolitique féministe : la société androgyne, la société gynocratique et la société gynocentrique, et il essaie d'établir les bases de leur (ré-)conciliation. -The first part of this paper tries to delineate the field of heteropolitical thought, that form of speculation dealing with the theme of an idealized society. The (...) second part is a discussion of the new societies proposed hy feminist heteropolitical thought : the androgynous society, the gynocratic society, and the gynocentric society, and it tries to see how they could be reconciled. (shrink)

Born out of the struggles of the feminist movements of the 20th century, feminist political theory is characterized by its commitment to expanding the boundaries of the political. Feminism, as a political movement, works to fight inequality and the social, cultural, economic, and political subordination of women. The goal of feminist politics is to end the domination of women through critiquing and transforming institutions and theories that support women’s subordination. Feminist political theory is a field within both feminist theory and (...) within political theory that takes a feminist approach to traditional questions within political philosophy, contemporary and historical. In this entry, I will explore the nature of feminist political theory by asking two questions: what is feminist about feminist political theory, and what is specifically political about feminist political theory. (shrink)

If we [women] have not stopped rape, we have redefined it, we have faced it, and we have set up the structures to deal with it for ourselves.[T]he definition of rape, which has in the past always been understood to mean the use of violence or the threat of it to force sex upon an unwilling woman, is now being broadened to include a whole range of sexual relations that have never before in all of human experience been regarded as (...) rape.In 1989 the philosopher and self-described feminist Christina Sommers published a short essay — ‘an opinion piece,’ she called it — that was eventually developed into and published as a philosophical article. In this essay Sommers criticized ‘feminist philosophers’ for being ‘oddly unsympathetic to the women whom they claim to represent.’ Specifically, Sommers accused these philosophers of ignoring the ‘values of the average woman’ and of being caught up in an ‘ideological fervor.’ To emphasize her point that the so-called feminist philosophers have lost touch with ‘the average woman,’ Sommers wrote that ‘One must nevertheless expect that many women will continue to swoon at the sight of Rhett Butler carrying Scarlett O'Hara up the stairs to a fate undreamt of in feminist philosophy.’. (shrink)

Abortion has long been a central issue in the arena of applied ethics, but, the distinctive analysis of feminist ethics is generally overlooked in most philosophic discussions. Authors and readers commonly presume a familiarity with the feminist position and equate it with liberal defences of women's right to choose abortion, but, in fact, feminist ethics yields a different analysis of the moral questions surrounding abortion than that usually offered by the more familiar liberal defenders of abortion rights. Most feminists can (...) agree with some of the conclusions that arise from certain non-feminist arguments on abortion, but they often disagree about the way the issues are formulated and the sorts of reasons that are invoked in the mainstream literature. (shrink)

Recent decades of women's rights advocacy have produced numerous regional and international agreements for protecting women's security, including a UN convention that affirms the state's responsibility to protect key gender-specific rights, with no exceptions on the basis of culture or religion. At the same time, however, the focus on universal women's rights has enabled influential feminists in the United States to view women's rights in opposition to culture, and most often in opposition to other people's cultures. Not surprisingly, then, feminists (...) across the global South have criticized the universal-women's-rights agenda. This article reviews representative critical responses to universal-women's-rights advocacy. The author argues that, taken collectively, these critical responses do not reject the possibility of cross-cultural feminist advocacy but they do suggest the need for feminists in the United States and Europe to focus less on transferring rights across the obstacles of culture and more on how they can revise and expand their own understanding of women's rights in response to the struggles of other women, many of whom view women's rights as organic to their own cultures and as connected to broader social struggles. (shrink)

All duties are either duties of right (officia iuris), that is, duties for which external lawgiving is possible, or duties of virtue (officia virtutis s. ethica), for which external lawgiving is not possible. – Duties of virtue cannot be subject to external lawgiving simply because they have to do with an end which (or the having of which) is also a duty. No external lawgiving can bring about someone's setting an end for himself (because this is an internal act of (...) the mind), although it may prescribe external actions that lead to an end without the subject making it his end. (shrink)

Most opponents of somatic cell nuclear transfer and embryonic stem cell technologies base their arguments on the twin assertions that the embryo is either a human being or a potential human being, and that it is wrong to destroy a human being or potential human being in order to produce stem cell lines. Proponents’ justifications of stem cell research are more varied, but not enough to escape the charge of obsession with the status of the embryo. What unites the two (...) warring sides in ‘the stem cell wars’ is that women are equally invisible to both: ‘the lady vanishes.’ Yet the most legitimate property in the body is that which women possess in their reproductive tissue and the products of their reproductive labour. By drawing on the accepted characterisation in the common law of property as a bundle of rights, and on a Hegelian model of contract as mutual recognition, we can lessen the impact of the tendency to regard women and their ova as merely receptacles and women’s reproductive labour as unimportant. (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)

Standpoint epistemology is committed to a cluster of views that pays special attention to the role of social identity in knowledge‐acquisition. Of particular interest here is the situated knowledge thesis. This thesis holds that for certain propositions p, whether an epistemic agent is in a position to know that p depends on some nonepistemic facts related to the epistemic agent's social identity. In this article, I examine two possible ways to interpret this thesis. My first goal here is to clarify (...) existing interpretations of this thesis that appear in the literature but that are undeveloped and often mistakenly conflated. In so doing, I aim to make clear the different versions of standpoint epistemology that one might accept and defend.This project is of significance, I argue, because standpoint epistemology provides helpful tools for understanding a phenomenon of recent interest: epistemic oppression. My second goal is to provide an analysis that makes clear how each of the readings I put forth can be used to illuminate forms of epistemic oppression. (shrink)

We suffer from genealogical anxiety when we worry that the contingent origins of our representations, once revealed, will somehow undermine or cast doubt on those representations. Is such anxiety ever rational? Many have apparently thought so, from pre-Socratic critics of Greek theology to contemporary evolutionary debunkers of morality. One strategy for vindicating critical genealogies is to see them as undermining the epistemic standing of our representations—the justification of our beliefs, the aptness of our concepts, and so on. I argue that (...) this strategy is not as promising as it might first seem. Instead, I suggest that critical genealogies can wield a sort of meta-epistemic power; in so far as we wish to resist the genealogical critic, we are under pressure to see ourselves as the beneficiaries of a certain kind of good luck: what I call genealogical luck. But there is also a resolutely non-epistemic way of understanding the power of critical genealogies, one that is essential, I argue, for understanding the genealogical projects of various theorists, including Nietzsche and Catharine MacKinnon. For critical genealogies can reveal what it is that our representations do—and what we, in turn, might do with them. (shrink)

There is broad agreement among social researchers and social ontologists that the project of dividing humans into social kinds should be guided by at least two methodological commitments. First, a commitment to what best serves moral and political interests, and second, a commitment to describing accurately the causal structures of social reality. However, researchers have not sufficiently analyzed how these two commitments interact and constrain one another. In the absence of that analysis, several confusions have set in, threatening to undermine (...) shared goals for the responsible modeling of social kinds of humans. This essay first explains the source and substance of these confusions. Then, by distinguishing different value-laden investigative questions into the classification of social kinds of humans, it sets out specific relations of dependence and constraint between empirically-driven investigations and value-driven investigations into social kinds of humans. The result is a more detailed and fruitful framework for thinking about the classification of social kinds that respects both normative interests and mind-independent causal regularities. (shrink)

This article is a response to Nancy Bauer's How To Do Things with Pornography. The main argument of the book is presented and evaluated. In particular, Bauer's criticisms of Catharine MacKinnon's work on pornography are considered and a defense of MacKinnon's views offered.

The familiar irony of ‘real existing socialism’ is that it never was. Socialist ideals were used to legitimize regimes that fell far short of realizing those ideals – indeed, that violently repressed anyone who tried to realize them. This paper suggests that the derogatory concept of ‘the criminal’ may be allowing liberal ideals to operate in contemporary political philosophy and real politics in a worryingly similar manner. By depoliticizing deep dissent from the prevailing order of property, this concept can obscure (...) what I call the legitimation gap. This is the gulf between (a) liberal accounts of state legitimacy, and (b) the actual functioning of liberal states. Feminists have long pointed out that the exclusion of what is deemed ‘personal’ from political consideration is itself a political move. I propose that the construction of the criminal as a category opposed to the political works similarly to perpetuate unjust forms of social power. (shrink)

According to Ian Hacking, some human kinds are subject to a peculiar type of classificatory instability: individuals change in reaction to being classified, which in turn leads to a revision of our understanding of the kind. Hacking’s claim that these ‘human interactive kinds’ cannot be natural kinds has been vehemently criticized on the grounds that similar patterns of instability occur in paradigmatic examples of natural kinds. I argue that the dialectic of the extant debate misses the core conceptual problem of (...) human interactive kinds. The problem is not that these kinds are particularly unstable but ‘capricious’—their members behave in wayward, unexpected manners that defeats existing theoretical understanding. The reason for that, I argue, is that human interactive kinds are often ‘hybrid kinds’ consisting of a base kind and an associated status, which makes mechanisms that support patterns of change and stability systematically difficult to understand and predict. 1Introduction2The Extant Discussion 2.1Hacking’s account of interactive kinds2.2Classificatory feedback in non-human kinds3Natural kinds and Ontological Instability 3.1Understanding instability3.2The problem of stabilizing feedback3.3Summary4Capricious Kinds 4.1Biased conceptualization4.2Studying social status5Conclusion. (shrink)

Alessandra Tanesini’s insightful paper explores the moral and epistemic harms of arrogance, particularly in conversation. Of special interest to her is the phenomenon of arrogance-induced silencing, whereby one speaker’s arrogance either prevents another from speaking altogether or else undermines her capacity to produce certain speech acts such as assertions. I am broadly sympathetic to many of Tanesini’s claims about the harms associated with this sort of silencing. In this paper I propose to address what I see as a lacuna in (...) her account. I believe that the arrogant speaker can put those he silences in the morally outrageous position in which their own silence contributes to their oppression. While nothing in Tanesini’s account would predict or explain this, the wrinkle I propose will aim to do so in a way that is in the spirit of her account. To do so, I will need to expand the focus of discussion: instead of concentrating on silencing, I will consider the phenomenon of silence. When one is silent in the face of a mutually observed assertion, one’s silence will be interpreted by others. I argue that under certain widespread conditions, a hearer’s silence in the face of the arrogant speaker’s assertions is likely to be falsely interpreted as indicating her assent to the assertion, and such an interpretation of the hearer’s silence will bring new harms in its wake—in particular, harms to the hearer who was silenced, and also harms to the community at large. When we combine these new harms with the ones Tanesini identified in her paper, we reach the further conclusion that the harms of silencing are potentially far worse than many have imagined. (shrink)

This article returns to a philosophical conundrum that has troubled feminist theory since the topic of sexual violence has been taken seriously, what I call the problem of the “heteronormative sexual continuum”: how sexual assault and hegemonic heterosex are conceptually and politically related. I continue my response to the work of Nicola Gavey, who has argued for the existence of a “gray area” of sexual interactions that are ethically questionable without rising to the category of sexual assault, but whose analysis (...) did not explicitly articulate what these two categories share or what distinguishes them from each other. After summarizing Gavey's position, I summarize my previous articulation of the common ground between instances of sexual assault and examples of sexual interactions in the “gray area.” I then develop a theoretical account of how the two categories differ, arguing that the victim's agency plays different roles in the two types of interactions. Both the fact of that distinction—that we are capable of providing a philosophical account of the difference between sexual interactions that fall into the gray area and those that constitute sexual assault—and its particular content are crucial for the development of a tenable feminist sexual ethics. (shrink)

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.

Philosopher Christina Hoff Sommers's target inWho Stole Feminism? How Women Have Betrayed Womenis “gender feminism.” Her aim is to convince us that gender feminists are anti-intellectual opportunists who deliberately spread lies about the incidence of date rape (chap. 10), domestic battery (Preface, chap. 9) and about the general state of male-female relations in America (chaps. 1, 9 and 11), thereby generating fear and resentment of men (chap. 2), all so that they may secure vast amounts of government funding and high-paying (...) jobs in the academy (chaps. 4, 5 and 6). Because gender feminists are condescending to and contemptuous of the “average woman,” they lack a grass-roots constituency (p. 22). Nonetheless, they are powerful enough to be feared. Gender feminists have managed to dupe the U.S. Congress (chap. 8), and an otherwise sceptical press literally eats out of their hands (p. 15). Gender feminism is also a leading cause of the weakening of the American university (p. 52), and has “made the American campus a less happy place” (p. 112). (shrink)

The author revisits H. L. A. Hart's theory of positive law and argues for a major qualification to the thesis of the separation of law and morality based on a concept of systemic legitimacy derived from the social theory of Jurgen Habermas. He argues that standards for assessing the degree of systemic legitimacy in modern legal systems can develop through reflective exercise of “critical legality,” a concept coined to parallel Hart's “critical morality,” and an expanded understanding of the “external” and (...) “internal” perspectives on legal systems. Following Habermas, he argues that modern positive law must retain systemic legitimacy. After suggesting criteria for measuring systemic legitimacy, the author concludes that the concept provides a useful approach to contemporary problems of “lawless” regimes and “law's imperialism.”. (shrink)

Feminist and queer theorists influenced by Michel Foucault have given analyses of sexual violence and of sexually violent pornography that are generally taken to be in striking opposition to those defended by radical feminists such as Catharine MacKinnon. In this commentary on Linda Martín Alcoff’s Rape and resistance: Understanding the complexities of sexual violation, I suggest that these seemingly divergent analyses of sexual violence are more similar than they have appeared to be and I ask: Might this book help to (...) bring an end to the so-called ‘sex wars’ between the Foucauldians and the MacKinnonites that have been raging since the mid-1980s? (shrink)

Il s'agit d'un numéro de la revue "Philosophiques" reproduisant les actes du XXe congrès de la Société de philosophie du Québec. Voir "Introduction" pour plus de détails.

This paper aims to provide new insights to debates on group privacy, which can be seen as part of a social turn in privacy scholarship. Research is increasingly showing that the classic individualistic understanding of privacy is insufficient to capture new problems in algorithmic and online contexts. An understanding of privacy as an “interpersonal boundary-control process” (Altman, The environment and social behavior, Brooks and Cole, Monterey, 1975) framing privacy as a social practice necessary to sustain intimate relationships is gaining ground. (...) In this debate, my research is focused on what I refer to as “self-determined groups” which can be defined as groups whose members consciously and willingly perceive themselves as being part of a communicative network. While much attention is given to new forms of algorithmically generated groups, current research on group privacy fails to account for the ways in which self-determined groups are affected by changes brought about by new information technologies. In an explorative case study on self-organized therapy groups, I show how these groups have developed their own approach to privacy protection, functioning on the basis of social practices followed by all participants. This informal approach was effective in pre-digital times, but online, privacy threats have reached a new level extending beyond the scope of a group’s influence. I therefore argue that self-determined sensitive topic groups are left facing what I present as a dilemma: a tension between the seemingly irreconcilable need for connectivity and a low threshold, on the one hand, and the need for privacy and trust, on the other. In light of this dilemma, I argue that we need new sorts of political solutions. (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)

Susan Okin has written an important book on justice and the family. Animated by the experiences that contemporary feminism has sought to articulate, and guided by a principled hostility to the subordination of women that continues to disgrace American life, she argues that the current ordering of domestic life in the United States is unjust and that its alteration ought to be made a matter of public policy.Families, according to Okin, are not havens in an otherwise heartless world. Instead the (...) current division of domestic labor marks them as the centerpiece of a broader system of inequalities between men and women. Justice condemns those inequalities and commands their remedy through the transformation of our domestic practices. Because the division of domestic labor is so fundamental to injustice, we need in particular to ‘encourage and facilitate’ equal sharing by parents in the responsibilities of child-rearing, and in the more quotidian chores that provide the material foundation of modern domesticity. (shrink)

In this article I attempt to reconcile two seemingly conflicting theorisations of love, the one elaborated by Roy Bhaskar as part of his philosophy of meta-Reality and Anna G. Jónasdóttir’s historical materialist-radical feminist theory of love power. While Bhaskar emphasises the essentially non-dual character of love, envisioning it as a ‘no-lose situation’, Jónasdóttir stresses the antagonistic features structuring love relations by conceptualising love as a productive power that men tend to exploit women of. Rather than seeing these accounts as mutually (...) exclusive I show that they can be reconciled by aid of the general ontology elaborated by Bhaskar in his philosophy of meta-Reality. (shrink)

The second-wave feminist critique of privacy defies the liberal opposition between the public-political and the private-personal. Feminist thinkers such as Hanisch, Young or Fraser note that, according to this liberal conception, public institutions often keep asymmetric power relations between private agents away from political discussion and action. The resulting subordination of some agents to others tends, therefore, to be naturalised and redefined as a «personal problem». Drawing on these contributions, this article reviews the social and political implications of big data (...) exploitation and questions whether personal data protection must remain a matter of «privacy self-management». It aims to show that feminist political theory can decidedly help to identify and tackle the root causes of what I call «data domination».La crítica feminista de segunda ola a la privacidad desafía la oposición liberal entre lo público-político y lo privado-personal. Pensadoras feministas como Hanisch, Young o Fraser señalan que, de acuerdo con esta concepción liberal, las instituciones públicas a menudo dejan fuera de la discusión y la acción política las relaciones de poder asimétricas entre agentes privados. La resultante subordinación de unos agentes a otros tiende, por tanto, a ser naturalizada y redefinida como un «problema personal». Basándose en estas contribuciones, este artículo revisa las implicaciones sociales y políticas de la explotación de datos masivos y cuestiona si la protección de los datos personales debe continuar siendo una cuestión de «auto-gestión de la privacidad». Su objetivo es mostrar que la teoría política feminista puede ayudar decididamente a identificar y enfrentar las causas de lo que llamo «dominación a través de los datos». (shrink)