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

Blaming others for things that are not our business can attract charges of meddling and dismissals of blame. It is well known that such charges are often contentious because the content and applicability of anti-meddling norms can be difficult to nail down. This paper argues that another important source of contention is that it is often not settled in advance whether some wrongdoing is or is not the business of a would-be blamer. Thinking about the grounds of anti-meddling norms—privacy, intimacy, (...) and respect for the victim—shows that it is sometimes up to those involved to set these boundaries. Rather than pointing out violation of a pre-established anti-meddling norm, charges of meddling may be aiming to put such a norm or boundary in place. An important upshot is that anti-meddling norms, and norms of blame more generally, are often up for negotiation. This has important implications for the ethics of blame. In addition, it helps us understand a common source of conflict in interpersonal relationships. (shrink)

Journal of Social Philosophy, EarlyView.

Our interpretive resources enable us to make sense of, navigate, and communicate about our shared world. These resources not only carve the world up into categories, but also guide how we, individually and collectively, are oriented towards it. In this thesis, I examine how these resources, and the dispositions they guide, may be harmful. A vital kind of interpretive resources are frames, which equip us with unified perspectives on the world. Perspectives are suites of open-ended interpretive (inquisitive, attentional, inferential, evaluative, (...) and affective) dispositions. Frames thereby guide how we interpret, respond to, and navigate the world. I show that these perspectives are epistemically powerful and indispensable. I argue that flawed perspectives, and the distorting frames that produce them, are deeply pernicious and I examine their relationship to oppression. (shrink)

After #MeToo, academics have become increasingly focused on the liberal concept of consent. Either problematized as a means of distinguishing between sex and rape, or vaunted as a tool for having better sex, consent remains central to discussions of sexual violence. Returning to Andrea Dworkin’s thought, this article argues that contemporary feminists must move beyond consent and recenter the problem of violence to theorize rape. Dworkin, alongside Catharine MacKinnon and Carole Pateman, critiques consent for disguising the violence of rape, sex, (...) and pornography. By defining violence as a process of objectification, Dworkin exposes rape, pornography, and most controversially, consensual heterosexual intercourse as “a new kind of death.” She, in turn, calls for the feminist exercise of violence as a tactic of disclosure that promises to make visible patriarchal violence hidden by consent and sexualization. Moving beyond consent to recenter the problem of violence, I conclude, opens up new avenues for feminist action and brings into view the seemingly unthinkable possibility of a world without rape. (shrink)

Wem wird geglaubt und wem nicht? Wessen Wissen wird weitergegeben und wessen nicht? Wer hat eine Stimme und wer nicht? Theorien der epistemischen Ungerechtigkeit befassen sich mit dem breiten Feld der ungerechten oder unfairen Behandlung, die mit Fragen des Wissens, Verstehens und Kommunizierens zusammenhängen, wie z.B. die Möglichkeit, vom Wissen oder von kommunikativen Praktiken ausgeschlossen zu werden oder zum Schweigen gebracht zu werden, aber auch Kontexte, in denen die Bedeutungen mancher systematisch verzerrt oder falsch gehört und falsch dargestellt werden, in (...) denen manchen misstraut wird oder es an epistemischer Handlungsfähigkeit mangelt. In diesem Buch wird eine Übersicht über die breite Debatte epistemischer Ungerechtigkeit, epistemischer Unterdrückung und epistemischer Gewalt gegeben, in dem unterschiedliche Theorien, die sich auf der Schnittstelle von Gerechtigkeitstheorie und epistemischen Fragen befinden, systematisch und kritisch diskutiert sowie theoretische Vorgänger dieser Theorien beleuchtet werden. (shrink)

As political theorists explore work beyond traditional workplaces, how should we understand the vast class of insecure, informal, and unsalaried workers whose existence defies traditional categories of employment? In asking this question, I revisit the political theory of the Marxist feminist and cofounder of the International Wages for Housework movement, Selma James, to explore her “internationalism of the unwaged” and her writings on wagelessness. An example of political theory in service of struggle, James’s internationalism was widely circulated in anticolonial, Black (...) radical, and autonomous Marxist circles in the 1970s. In this article, I argue that it was grounded in three intertwined and mutually reinforcing arguments: an account of how capitalist life is spatially divided into distinct workplaces; an anticapitalist theory of identity that explains social difference as maintained by the international division of labor and labor market hierarchies; and a diagnosis of work organization viewed from the perspective of the wageless worker. I trace how James developed these arguments about the spatial division of labor, hierarchies of identity, and internationalist political struggle and how her view of the common exploitation and division of workers formed the basis of a class-struggle identity politics. Her political theory was an important contribution to women’s international thought and transnational feminist critiques of global forms of domination and exploitation. It also offers a critique of capitalism’s organization of the displacement of work and workers and an account of wagelessness as a work situation, both of which illuminate capitalist organization of work and wageless life today. (shrink)

Oppressive ideology regularly misrepresents features of structural injustice as normal or appropriate. Resisting such injustice therefore requires critical examination of the evaluative judgments encoded in shared concepts. In this paper, I diagnose a mechanism of ideological misevaluation, which I call "hermeneutical misfit." Hermeneutical misfit occurs when thick concepts, or concepts which both describe and evaluate, mobilize ideologically warped evaluative judgments which do not fit the facts (e.g. "slutty"). These ill-fitted thick concepts in turn are regularly deployed as if they merely (...) describe--a phenomenon I call "descriptive masquerade." I argue that, via descriptive masquerade, ill-fitted thick concepts smuggle in warped evaluative judgments alongside apparently value-neutral ‘mere facts’, a process which both reinforces those judgments and increases the difficulty of critique. I investigate the concept "obesity" as an example: scientists and medical practitioners will deploy this concept as if it "merely" describes, enabling the smuggling of a host of warped evaluative judgments. I suggest that, to resist this process, we should develop collective consciousness and articulate "meta-hermeneutical resources," or thick concepts which encode critique of other, ill-fitted concepts (e.g. "slut-shaming" or "fat-shaming"). (shrink)

Standpoint epistemology has been linked with increasing calls for deference to the socially marginalized. As we understand it, deference involves recognizing someone else as better positioned than we are, either to investigate or to answer some question, and then accepting their judgment as our own. We connect contemporary calls for deference to old objections that standpoint epistemology wrongly reifies differences between groups. We also argue that while deferential epistemic norms present themselves as a solution to longstanding injustices, habitual deference prevents (...) the socially dominant from developing for themselves the skills necessary to expand their capacity for empathy, to deftly probe for evidence, and to ask critical questions. Consequently, we argue that standpoint epistemology must be understood as calling for inclusion, not deference. (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)

What does it say about you if you enjoy sexist humour? One answer to this question holds that finding sexist humour funny reveals that you have sexist beliefs, whilst another holds that it reveals nothing deeper about you at all. I argue that neither of these answers are correct, as neither can capture the feeling of unwilling complicity we often get from enjoying sexist jokes. Rather, we should navigate between these two positions by understanding the sense of humour as a (...) kind of sensibility or taste, analogous to Anne Eaton’s account of erotic taste. This allows for a fleshing out of the purely belief-centred understanding of the sense of humour, adding emotional, perceptual and motivational aspects to it. Finally, I propose that one’s sense of humour is shaped the representations one engages with, which suggests a possible avenue for habituating it in a more egalitarian direction. (shrink)

Identity politics is commonly criticized as endangering democracy by undermining community, rational communication, and solidarity. Drawing on both radical democratic theory and standpoint theory, this article posits the opposite thesis: identity politics is pivotal for the democratization of democracy. Democratization through identity politics is achieved by disrupting hegemonic discourse and is, therefore, a matter of power, while such forms of power politics are reasonable when following minority standpoints generated through identity politics. The article develops this approach by connecting radical democratic (...) theories with standpoint theories and highlighting their commonalities and potential for mutual enhancement. Standpoint theory allows us to substantiate and reconcile two initially contradictory claims: particular minority standpoints are necessary to criticize the prevailing discursive and institutional orders, and these standpoints stem from intersubjective reason and embody ‘strong objectivity.’ This discussion presents a new perspective on the tension between particularity and universality, as well as the relationship between power and reason in democracy. Democratization is an oscillation between these polarities, and political theory should not aim to resolve this tension but to recognize and articulate it. Such recognition might involve elevating knowledge emerging from oppressed groups and exercising epistemic modesty when assessing specific forms of identity politics. (shrink)

Standpoint epistemology is committed to the view that some epistemic advantage can be drawn from the position of powerlessness. Call this theepistemic privilege thesis. This thesis stands in need of explication and support. In providing that explication and support, I first distinguish between two readings of the thesis: the thesis that marginalized social locations confer some epistemic advantages (the epistemic advantage thesis) and the thesis that marginalized standpoints generate better, more accurate knowledge (the standpoint thesis). I then develop the former (...) by appealing to the notion of epistemic peers available in the disagreement literature. I next turn to the latter thesis, arguing that consciousness-raising plays an analogous role in the achievement of a standpoint as training does in the achievement of expertise. The upshot of this analysis is that it clarifies that while marginalization is necessary (though not sufficient) for epistemic advantage, it is neither necessary nor sufficient for epistemic privilege. (shrink)

Because moral understanding involves a distinctly first-personal grasp of moral matters, there is a temptation to think of its value primarily in terms of achievements that reflect well on its possessor: the moral worth of one's action or the virtue of one's character. These explanations, I argue, do not do full justice to the importance of moral understanding in our moral lives. Of equal importance is the value of moral understanding in our relations with other moral agents. In particular, I (...) argue that an understanding of moral matters is of central importance within relations of solidarity. In addition to highlighting an overlooked aspect of moral understanding's value, this view also has important implications for what solidarity requires of those who stand in that relationship. (shrink)

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)

In recent years, a number of authors have claimed that we can wrong each other simply by having certain beliefs—in particular sexist, racist, ableist etc. beliefs—about each other. So far, those who argue for the possibility of so-called doxastic wronging have tried to defend this idea by focusing on issues of doxastic control and coordination. In this paper, I raise a distinctly moral challenge against the possibility of doxastic wronging. I show that the idea of doxastic wronging runs afoul of (...) the liberal principle according to which all moral obligations have to be justifiable vis-à-vis those they presume to bind. In addition, I argue that there is a better way to account for the fundamental intuition driving the debate: instead of assuming the possibility of doxastic wronging and the morally grounded epistemic duty it implies, we should conceptualize what is morally problematic about bigoted beliefs in terms of the harm they constitute for their targets. (shrink)

Spinoza was generally silent on the topic of women. Despite Spinoza's sometimes noxious remarks on women, several feminist theorists have found resources and inspiration in his philosophy. The promising features feminist theorists have thus far identified in Spinoza's philosophy can be placed into three major categories: anti‐individualism; the conatus doctrine; anti‐dualism. Spinoza's philosophy might be understood as a unique and comprehensive form of structural analysis. Feminists are also keenly interested in how domination is interiorized, how it comes to form the (...) first‐person experience of individuals and/ or the psychology of groups. Egalitarian feminism draws on the liberal feminist tradition, according to which there are no morally relevant differences between men and women. Sexual difference feminism is often misunderstood to assert an essential difference between women and men, to assert the importance of recognizing one axis of difference, the sexual difference between male and female. (shrink)

There is a growing recognition that victims of injustice may have privileged access to knowledge about the injustices they experience, and that injustices are perpetuated through silencing victims by taking them to be less credible, and through denying them the platform and capacity to speak. However, these are not ideas that political philosophers tend to engage with in a sustained manner, to the extent that they alter methodological approaches to be systematically attentive to victim testimony. In this article, I provide (...) two arguments in favour of political philosophers attending to victim testimony, one moral, one epistemic, and demonstrate that the moral case has little purchase, but that the epistemic case is more successful. Then, I present the strongest case against including victim testimony in political philosophy, and I argue that it does not hold up to scrutiny. In so doing, I demonstrate how methodological practices in political philosophy could be improved through drawing on feminist social epistemology; attending to victim testimony can enrich political philosophy in epistemically acceptable ways, and it also corrects for a range of potential biases. (shrink)

The aim of this paper is to show that, for the purposes of addressing the epistemic aspects of systemic injustice, we need a notion of emancipatory attention. When the epistemic and ethical elements of an injustice are intertwined, it is a misleading idealisation to think of these epistemological elements as calling for the promotion of knowledge through a rational dialectic. Taking them to instead call for a campaign of consciousness-raising runs into difficulties of its own, when negotiating the twin risks (...) of being presumptuous about one’s own ignorance, and patronising in attributing ignorance to others. To arrive at a better response, we should follow Marilyn Frye’s suggestion that the epistemic aspects of injustice are, at root, problems of attention. But we fail to give an adequate account of this if we adhere to the most influential tradition of thinking about attention’s ethics, which takes its lead from Iris Murdoch’s reading of Simone Weil. That tradition addresses attention’s significance in individual contexts, rather than social ones. To get a better conception of the role that is played by attention in projects of social emancipation, we should take some ideas from recent work on the metaphysics of attention, together with ideas from an older tradition – represented here by R.G. Collingwood’s The Principles of Art – concerning the forms of attention that are occasioned by the creation and appreciation of art. (shrink)

Unconsented pelvic exams under anesthesia are assaults cloaked in defense of healthcare education. Preemptive linguistic qualifiers “presumed” or “implied” attempt to justify such violations with flippancy toward their oxymoronic implications: to suggest a priori that consent can be assumed undermines its otherwise standalone social, ethical, and medico-legal reverence. In this paper I conceptualize “medical sexual assault” and argue that presumed consent for intimate exams exemplifies its definition. By bluntly describing pelvic exams as “penetration,” this work aims to reify the intimate (...) reality of the clinical label “pelvic exam” and to call attention to cisheteronormative and androcentric assumptions involved in its practice. Additionally, this scholarship seeks to create a foundation toward broader work in conceptualizing clinical rape culture. Given recent national survey data indicating a surprising frequency of unconsented intimate exams, detailed language as to their problematics is necessary for ongoing legal and ethical efforts. Explicit consent for intimate exams must be the standard of care for conscious and unconscious patients. (shrink)

In this article, I examine violence as constitutive of mobility for the feminine diasporic subject through an examination of women migrant workers from Nepal. I frame this project with two distinct theoretical approaches to understanding violence. First, I draw upon Catharine MacKinnon's provocative question ‘Are women human?’ to elucidate points of disjuncture between individual women migrants and state policy that dehumanises them. Second, I address some of the gaps in MacKinnon's work by turning to Judith Butler's theory of violence as (...) primarily embodied in the corporeal subject. Drawing on 30 in-depth interviews with returned women migrant workers, I examine three moments in the migration process that demonstrate how violence operates ubiquitously in and through circuits of mobility. I conclude that by putting Butler's and Mackinnon's approaches to violence in dialogue and examining the Nepali case through a dialectic framework, intriguing possibilities for approaching migration and its problematics are revealed. (shrink)

We propose an account of the subject’s cognition and its relation to the world that allows for an articulation of the phenomenon of ideology. We argue that ideology is a form of what we call ‘a priori activity’: it transcendentally conditions the intelligibility of thought and practice. But we draw from strands of post-Kantian philosophy of science and social philosophy in repudiating Kant’s view that the a priori is necessary and fixed. Instead, we relativize the a priori: we argue that (...) it is contingent, and therefore revisable. More precisely, it is conditioned materially, in that it is enmeshed with and shaped by material social practice. We conclude with some remarks about the possibility of agency over the relativized, materially conditioned a priori—that is, about the possibility of critique. (shrink)

This article investigates the causal efficacy of social properties, which faces the following puzzle. First, for both intuitive and scientific reasons, it seems social properties have causal import. But, second, social properties are also characteristically extrinsic: to have some social property depends, in typical cases, on what one’s society is like around them. And, third, there is good reason to doubt that extrinsic properties make a genuine causal contribution. After elaborating on these three claims, I defend the following resolution to (...) the puzzle: social causation occurs at the level at which social properties are intrinsic. (shrink)

Devrions-nous remplacer les élections par des loteries ? Le célèbre livre de Bernard Manin sur le gouvernement représentatif a appris à beaucoup que les Grecs considéraient les élections comme un moyen aristocratique, et non démocratique, de sélectionner des personnes pour le pouvoir et l'autorité politique, en comparaison avec le tirage au sort, où chacun a une chance égale d'être sélectionné. (Manin 1997) Jusqu'à récemment, cependant, l'idée qu'un engagement envers la démocratie nécessite de remplacer les élections par le tirage au sort (...) a suscité peu d'intérêt parmi les philosophes politiques. (Blondiaux, 2008 ; Courant et Sintomer, 2019) Cela a maintenant changé. (Abizadeh 2020) ( A. Guerrero 2014) (A. Guerrero 2021b ; 2021a) (Landemore 2020) (Owen et Smith 2018) (P.-É. Vandamme et al. 2018). Cet article pose donc la question de savoir si le tirage au sort est plus démocratique que les élections et si, pour cette raison, nous devrions l’utiliser pour compléter ou remplacer les élections ? (shrink)

Feminists such as Catharine MacKinnon and Sally Haslanger argue that the ruling class’s beliefs create reality. Once these beliefs have created reality, they correspond to it, which is to say, they are true. It is therefore unclear how they constitute an ideology and hence how ideology critique might proceed. Feminists have responded to this by trying to show that the ruling class’s beliefs are nevertheless an ideology in some sense. In this paper, I attempt to convince them otherwise.

All societies have to balance privacy claims with other moral concerns. However, while some concern for privacy appears to be a common feature of social life, the definition, extent and moral justifications for privacy differ widely. Are there better and worse ways of conceptualising, justifying, and managing privacy? These are the questions that lie in the background of this thesis. -/- My particular concern is with the ethical issues around privacy that are tied to the rise of new information and (...) communication technologies (henceforth “ICT”). The focus here is on technologies involved in processing personal data in its broadest sense, including “any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.” The issue of moral concern is commonly designated as that of 'data privacy'. -/- The first step is to consider why privacy matters, or ought to matter, in the first place. And here we run into our first difficulty, since both the conceptualisation of privacy and the justification for the right to privacy are matters for contention. On the one hand, we are animated by a moral concern for privacy in some sense; on the other, we lack the conceptual and moral resources for making sense of this concern or for promoting particular social policies and criticising others. This often-cited dichotomy and its ensuing confusion have been the central motivation for most of the philosophical literature on privacy – including this thesis. -/- In what follows, I will suggest a way out of the confusion that pervades the current debate on data privacy. I will essentially argue two claims: one, that the concept of (data) privacy is uniquely characterised by a particular context within which we exchange information; two, that because (data) privacy constitutes an intrinsic value, its moral concerns and justifications ought to be deliberated as such. -/- The first chapter sketches the current data privacy landscape by introducing a number of concepts and arguing the unique nature of the landscape. I argue that the traditional distinction between four kinds of privacy (physical, mental, decisional and informational) is no longer accurate, given the technological context that reduces, unifies and processes all aspects of people’s lives by means of digital data. In fact, to hold on to the distinction leads to a fundamental misconception of data privacy. I further argue that today’s distinction between data protection and data privacy runs the risk of ignoring the fact that the former is an inherent aspect of the latter. These arguments allow me to settle on a (provisional) definition of data privacy: controlling how data about identifiable people is processed by ICT. -/- Next, I draw a line between descriptive and normative accounts of data privacy, and explain why this book belongs to the latter category. After a brief discussion of the coherence and distinctiveness theses, and of the difference between instrumental and intrinsic theories of privacy, I introduce the problem of data privacy as a distinct, coherent, and intrinsic moral concern. Three arguments support this position: one, data privacy is a coherent moral concern because it is motivated by a singular moral concept; two, data privacy is a distinct moral concern because the privacy challenges we face today are of a fundamentally new nature – distinct from any moral concerns we’ve faced in the past; and three, data privacy is an intrinsic moral concern that is predominantly justified, not by what it instrumentally protects us from, but by what it intrinsically constitutes. -/- Chapter Two makes the case against a harm-based, consequentialist approach to data privacy. After a brief introduction to the basic tenets of consequentialism I discuss harm-based arguments in favour as well as against privacy. I explain how privacy may protect us against psychological distress, but at the same time constitute the source of that distress; how privacy may be necessary for the proper functioning of democratic societies, but at the same time provide a cloak for anti-social and immoral behaviour; and how privacy protects us against the improper use of our personal data by others, but at the same enables us to conceal information or spread false information about ourselves in ways that are harmful to others. Next, I argue that consequentialism essentially relies on two flawed presumptions – that we know what harm is, and that we know how to predict it – and discuss the controversies surrounding definitions and predictions of harm. This argument becomes especially pertinent in today’s rapidly changing technological context: we may guess, and make assumptions, perhaps even find correlations, but don’t really know or understand (yet) with any degree of certainty the harmful consequences today’s data privacy violations are causing or will eventually cause – if any. -/- I illustrate this with examples of recent data privacy violations, and with a brief overview of consequentialist arguments for and against data privacy. Those who invoke consequentialist arguments against data privacy claim that personal data is nothing more than a raw material that can be turned into something useful and valuable without harming anyone. Choosing to move fast and break things – a popular mantra that promotes the benefits of technological “permissionless innovation” over and above its risks and costs – they draw our attention to the many benefits free data flows generate. Those who rely on consequentialist arguments in favour of data privacy, on the other hand, insist on actual and potential misuse of personal data. Rather careful than sorry, they draw our attention to the urgent need to take back control and protect ourselves against data privacy violations – precisely because we don’t know which harm they may cause in the future. Others go one step further and argue that these violations are part of a broader ideology of power. -/- What Chapter Two demonstrates is that vague definitions, unreliable predictions and inconclusive allegations of harm from both sides of the debate perpetuate a stalemate that fails to produce morally defensible answers to our growing data privacy concerns. Deliberating about data privacy from a consequentialist perspective is a dead end. -/- Chapter Three proposes an alternative to the harm-based approach, namely that privacy is an intrinsic value that deserves moral protection for its own sake. After a brief account of what I take values to be, and why we have a need to protect them, I introduce the foundational value of respect for persons, and lay out my main argument in two steps. The conceptual component of my argument returns to the definition of data privacy I had temporarily settled on in Chapter One, but now with the added consideration of the particular context, and particular circumstances and attitudes, within which information is exchanged. This addition is crucial, as it reveals the fundamental value that is at stake in our data privacy concerns, namely the inherent value of each and every person, which we protect by upholding an ethical principle commonly known as the principle of respect for persons. It is for this reason that the violation of privacy cannot (only) be expressed in terms of harm. I further argue that the principle of respect for persons is consistent with, and in fact unthinkable without, some degree of privacy. -/- I reply to potential challenges to a value-based approach to data privacy by showing that (i) values and value trade-offs are fundamentally different from consequential benefits and cost-benefit analyses; (ii) the suspension of one value in favour of another is not inherently contradictory; what matters is morally defensible deliberation about values and valid individual consent; (iii) data privacy concerns cannot be reduced to other moral concerns and therefore deserve a specific, distinct protection. -/- Finally, because this is a thesis in applied ethics, I attempt an answer to the question as to how we ought to apply a value-based approach to practical data privacy concerns. I argue that a revised, three-pronged version of John Rawls’ reflective equilibrium, founded on the non-negotiable principle of respect for persons, is the best possible procedure to deliberate data privacy concerns in relation to other moral values. (shrink)

Journal of Political Philosophy, EarlyView.

This chapter presents a positive philosophy of male sexuality: one that is not rooted in so-called toxic masculinity and which is compatible with gender equality. I argue that, for such a sexuality to be possible, respect is the moral baseline. However, the status quo for male sexuality is shaped by white supremacy and heteronormativity. To resist these values, men must do more than merely cross some minimal moral threshold for permissible sex. Rather, they ought to develop a caring character so (...) that they would want to seek out their own and their partner’s (robust) sexual fulfillment. Men ought actively to develop ways to increase pleasure for themselves and their partners. (shrink)

In this paper, I identify a central problem for conceptual engineering: the problem of showing concept-users why they should recognise the authority of the concepts advocated by engineers. I argue that this authority problem cannot generally be solved by appealing to the increased precision, consistency, or other theoretical virtues of engineered concepts. Outside contexts in which we anyway already aim to realise theoretical virtues, solving the authority problem requires engineering to take a functional turn and attend to the functions of (...) concepts. But this then presents us with the problem of how to specify a concept’s function. I argue that extant solutions to this function specification problem are unsatisfactory for engineering purposes, because the functions they identify fail to reliably bestow authority on concepts, and hence fail to solve the authority problem. What is required is an authoritative notion of conceptual function: an account of the functions of concepts which simultaneously shows why concepts fulfilling such functions should be recognised as having authority. I offer an account that meets this combination of demands by specifying the functions of concepts in terms of how they tie in with our present concerns. (shrink)

The global #MeToo movement has precipitated a reckoning with gendered, sexual, and other forms of harassment and bullying in higher education. In academia, harassment is rooted in the history of re...

What makes the categorisation of a human collective morally relevant? How does the categorisation of individuals into groups affect their social status and treatment? This article provides an account of the moral relevance of social categories and assesses the status of “childhood” within this framework. It distinguishes morally relevant social categories (labelled as social groups) through three conditions: first, individuals are externally ascribed to the social category; second, the properties of the social category are reified through the social construction of (...) its definition; and, third, the social category predetermines the normative treatment owed to the individuals ascribed. The existence of these three characteristics in the construction of a social category entails that the individuals ascribed may be affected by unjust constraints and restrictions on their lives and choices, thus, requiring a re-evaluation of how their social grouping frames their status and treatment. The article claims that the “childhood” social category complies with the three conditions (ascription, reification, and normativisation). This implies that individuals categorised as “children” may suffer from unjust constraints and restrictions based on their social categorisation. (shrink)

When one takes an intersectional perspective on patterns of oppression and domination, it becomes clear that familiar forms of systemic injustice, such as misogyny and anti-Black racism, are inseparable. Some feminist theorists conclude, from this, that the systems behind these injustices cannot be individuated—for example, that there isn’t patriarchy and white supremacy, but instead only white supremacist patriarchy. This chapter offers a different perspective. Philosophers have long observed that a statue and a lump of clay can be individuated although inseparable, (...) and that statues and lumps of clay do different explanatory and predictive work for the same causal outcomes. This chapter suggests that the same is true of systems such as patriarchy and white supremacy. These systems, like the injustices they produce, are inseparable. But they can be individuated, and when they are individuated, they do different explanatory and predictive work. (shrink)

Medicalisation is a social phenomenon in which conditions that were once under legal, religious, personal or other jurisdictions are brought into the domain of medical authority. Low sexual desire in females has been medicalised, pathologised as a disease, and intervened upon with a range of pharmaceuticals. There are two polarised positions on the medicalisation of low female sexual desire: I call these the mainstream view and the critical view. I assess the central arguments for both positions. Dividing the two positions (...) are opposing models of the aetiology of low female sexual desire. I conclude by suggesting that the balance of arguments supports a modest defence of the critical view regarding the medicalisation of low female sexual desire. (shrink)

An important question confronting feminist philosophers is why women are sometimes complicit in their own subordination. The dominant view holds that complicity is best understood in terms of adaptive preferences. This view assumes that agents will naturally gravitate away from subordination and towards flourishing as long as they do not have things imposed on them that disrupt this trajectory. However, there is reason to believe that ‘impositions’ do not explain all of the ways in which complicity can arise. This paper (...) defends a phenomenological account of complicity, which offers an alternative explanation. (shrink)

Identity politics is subject to similar critiques in contemporary public debate and political theory. A central topos of this critique is that identity politics is essentializing: it fixes subjects to their social position and resorts to a politics of particularity that leads to divisions in national citizenship and democratic discourse (the communitarian and liberal position) and to divisions within social movements (the critical position). Contrary to this one-sided critique, we propose a different interpretation with the concept of “constructivist identity politics.” (...) We show that political identities are not essentialistically given, but emerge from processes of social and political construction; that they are actively produced, learned, and practiced by political (sub)cultures and movements. In these processes of construction, political articulation and agency are produced, enabling subjects to critique relations of domination and discrimination. Following radical democratic theory, we argue that the particular political perspectives of identity politics thus enabled do not endanger democracy or solidarity in social movements, but contribute to their further democratization by actualizing the universal principles of democracy in particular disputes. While the construction processes of identity politics tend to essentialize and produce exclusions, critical reflection on such tendencies is also inherent to identity politics. This understanding also enables a critique of such identity politics that is not oriented towards the democratic values of equality and freedom and blocks critical self-reflection. After an overview of contemporary identity politics critique, we elaborate this constructivist understanding following debates in feminist and postcolonial theory since the 1980s. Building on this, we systematically develop the notion of constructivist identity politics by differentiating three aspects of it: subjectification, articulation, and representation. We refer to approaches by Foucault, Rancière, Laclau/Mouffe, and Hall and illustrate the respective aspects through examples of migrant self-organizations as well as gay culture and queer critique. (shrink)

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 (...) somatic responses of a central nervous system to a threatening event. In the first part of this paper, I elaborate this objection by drawing on the neurobiological model of trauma. This gives me an opportunity to illustrate the different ways that rape harms its victims, including the central way, what I call ‘threat-circuitry harm.’ This discussion of trauma invites us to rethink the wrong of rape, and sets the groundwork for my argument, in the second part of the paper, that the wrong of rape consists in its central harm. (shrink)

Understanding the ethical concerns of paid and altruistic surrogacy requires a knowledge of reproductive freedom and procreative autonomy. An accurate approach must be sensitive enough of the nature of sexual oppression, specifically in its influence in women’s choices, self-identity and personal relationships. The aim of this essay is to stand up for the prominence of radical feminism in questioning reproductive liberalism, which overfocus the interests of the so-called intended parents. Having in mind what egalitarian philosophers have put forward from a (...) social-relational autonomy view to allow surrogacy contracts under certain circumstances —particularly, they suggest that legalization could be compatible with women’s reproductive autonomy following an altruistic fashion under protective measures and supportive to the surrogate’s revocation of consent—, I uphold that radical feminists properly make clear how oppression remains in the cultural environment that endorses surrogacy contracts. A macroscopic methodology, based on American philosopher’s Marilyn Frye metaphor of the caged bird, is a helpful tool to comprehend why surrogacy contracts do not enhance women’s reproductive autonomy, even if they enable some surrogate mothers to gain an income enough to endure tough economic pressure. (shrink)

In this paper, I offer a novel argument for why cat-calling is wrong. After warding off the objection that cat-calls are compliments and therefore morally benign, I show that it cannot be the semantic content of cat-calls which makes cat-calling wrong, because some cat-calls have seemingly benign content yet seem to wrong their targets (usually women and LGBTQ people) nonetheless. Instead, cat-calling is wrong because it silences targets, by preventing them from blocking cat-callers’ presuppositions of authority, and exploits them, by (...) forcing them into the demeaning position of acting as if they consider cat-callers to have authority over them. (shrink)

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)

‘Intersectionality’ is one of the rare pieces of academic jargon to make it out of the university and into the mainstream. The message is clear and well-known: your feminism had better be intersectional. But what exactly does this mean? This paper is partly an exercise in conceptual clarification, distinguishing at least six distinct types of claim found across the literature on intersectionality, and digging further into the most philosophically complex of these claims—namely the metaphysical and explanatory. It’s also partly a (...) reply to Sara Bernstein, who argued recently that the best interpretation of the metaphysical claim is explanatory priority. We’ll argue that duly clarified, it’s far from obvious that feminism had better be intersectional. At the very least, it had better not be only intersectional. (shrink)

This paper extends Corporate Social Responsibility (CSR) scholarship to focus on issues of sexual harassment and sexual violence. Despite a significant body of work on gender and CSR from a variety of feminist perspectives, long-standing evidence of sexual harassment and sexual violence in business, particularly in global value chains, and the rise of the #MeToo movement, there has been little scholarship focused specifically on these issues in the context of CSR. Our conceptual paper addresses this gap in the literature through (...) two key contributions. First, we extend the theoretical base of CSR scholarship by drawing upon and explicating radical feminist theory, a resource that has been underutilized in the field to date. This theoretical perspective is well placed to offer insights around the issues of sexual harassment and sexual violence, and to explain the centrality of these concerns to the gender equality agenda in business and in CSR. Second, building upon insights from radical feminism, and from research on CSR and human rights, we explicate a business and human rights approach to sexual harassment, sexual violence and CSR. We point to ways in which this approach might be more effective in addressing these issues than previously adopted strategies and suggest directions for future research arising from our analysis. (shrink)

This article analyses the definitional reforms and re-categorisation of sexual offences under the Thai Penal Code in the period of 13 years, namely, the 2007 and 2019 amendments. The incidents are of uniqueness as the 2007 amendment shared much resemblance with jurisdictions that have departed the original meaning of rape and attempted to re-conceptualise sexual offences, whereas the 2019 amendment shared much similarities with jurisdictions that decided to retain the original meaning of rape and categorise other serious sexual offences in (...) other names. The article argues that, apart from accounts based on criminal law principles, the two definitional revisions had been carried out in the environments of different legal culture and social values in the Thai legislative bodies. It appears that the 2007 amendment followed a feminist perspective that emphasises the harm of sexual offences to bodily/sexual integrity as a state for individuals to realise their personhood, while the re-categorisation of sexual offences in the 2019 amendment suggests a greater role of the feminist perspective in another camp that views penile-penetration inherently differs from non-penile penetration and implies that the law continues, to a certain extent, regulating sexuality since the 2019 amendment used the reason of “naturalness” of sexual intercourse to distinguish between penile penetration and non-penile penetration. (shrink)

An examination of the historical circumstances surrounding the inclusion of gender in Title VII of the 1964 Civil Rights Act reveals how race, class, and gender operate in complex and contradictory patterns to shape social policy. Two levels of analysis are presented. One focuses on political conflict within the state. The other is a textual analysis of the actual congressional debate on the gender amendment to Title VII.

Fraternity little sister organizations are a relatively unexplored aspect of the contemporary college campus culture. This article examines the construction of the collective sexual reputation of fraternity little sisters and how fraternity little sisters interpret and resist it in an effort to maintain their individual sexual reputations. Further analysis shows how fraternity men contribute to the collective sexual reputation and control women in little sister organizations by sexually objectifying and commodifying them, by sending them purposefully vague and conflicting messages about (...) sexual expectations, and by sexually abusing them. (shrink)

The article discusses how women murderers embedded in the victim-turned-avenger narrative function as vehicles of social criticism in three contemporary Swedish crime novels, Henning Mankell’s The Fifth Woman, Håkan Nesser’s Woman with Birthmark and Fredrik Ekelund’s Nina och sundet [Nina and the Strait]. The murderers’ performances of murder, based on parody and irony, question masculinity and its institutionalized practices. By rendering vulnerable the discourse of hegemonic masculinity, these performances prove their subversiveness and critical potential. At the same time they renew (...) the crime fiction genre and particularly the feminist crime novel in which female agency is identical with the agency of the detective. (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)