The aim of this paper is to call the attention, especially that of feminists, to the current progress in biology. It appears gender studies still confine themselves to outdated ideas of sex chromosomes like XX, XY (§10). However, science has been making progress. It no longer sticks to such matters as XX, XY. Its interest is now in Sry, a kind of gene (§11), and MIS, a kind of sex hormone (§14). Abnormalities of sex chromosomes are no longer evidence to (...) deny the biological approaches, for example. We shed light on this fact, putting gender studies in the context of chronologies of science as well (§§2-9). (shrink)

This paper sets out the case for abolishing state-recognized marriage and replacing it with piecemeal regulation of personal relationships. It starts by analysing feminist objections to traditional marriage, and argues that the various feminist critiques can best be reconciled and answered by the abolition of state-recognized marriage. The paper then considers the ideal form of state regulation of personal relationships. Contra other recent proposals, equality and liberty are not best served by the creation of a new holistic status, such as (...) civil union, nor by leaving regulation to private contracts. Instead, the state should develop piecemeal regulations that apply universally. (shrink)

This chapter discusses gender in relation to the most influential current accounts of distributive justice. There are various disparities in the benefits and burdens of social cooperation between women and men. Which of these, if any, one identifies as indicative of gender injustice will depend on the theory of distributive justice that one endorses. Theoretical decisions concerning the role of personal responsibility, the goods whose distribution is relevant for justice, and the site of justice - institutions-only or individual behaviour, too (...) - all influence how one thinks about gender justice. (shrink)

This paper examines the views of Fogelin, Woods, Johnstone, etc., concerning deep disa-greements, force-five standoffs, philosophical controversies, etc. My approach is to reconstruct their views and critiques of them as meta-arguments, and to elaborate the meta-argumentative aspects of radical disa-greements. It turns out that deep disagreements are resolvable to a greater degree than usually thought, but only by using special principles and practices, such as meta-argumentation, ad hominem argumentation, Ramsey’s principle, etc.

Despite clear parallels between Jürgen Habermas’s discourse ethics and recent scholarship in feminist ethics, feminists are often suspicious of discourse ethics and have kept themselves mostly separate from the field. By developing a sustained application of Habermas’s discourse ethics to friendship, Keller demonstrates that feminist misgivings of discourse ethics are largely misplaced and that Habermas’s theory can be used to develop a compelling moral phenomenology of interpersonal relations.

Despite clear parallels between Jürgen Habermas's discourse ethics and recent scholarship in feminist ethics, feminists are often suspicious of discourse ethics and have kept themselves mostly separate from the field. By developing a sustained application of Habermas's discourse ethics to friendship, Keller demonstrates that feminist misgivings of discourse ethics are largely misplaced and that Habermas's theory can be used to develop a compelling moral phenomenology of interpersonal relations.

In this paper, we show that the question of the relative importance of innate characteristics and institutional arrangements in explaining human difference was vehemently contested in Britain during the first half of the nineteenth century. Thus Sir Francis Galton’s work of the 1860s should be seen as an intervention in a pre-existing controversy. The central figure in these earlier debates—as well as many later ones—was the philosopher and economist John Stuart Mill. In Mill’s view, human nature was fundamentally shaped by (...) history and culture, factors that accounted for most mental and behavioral differences between men and women and among people of different classes, nationalities, and races. Indeed, Mill’s whole program of social reform depended on the assumption that human differences were not fixed by nature. To identify the leading figures in these disputes about difference and the concrete context in which they occurred, we explore three debates in which Mill played a key role: over the capacities and rights of women, the viability of peasant proprietorship in India and Ireland, and the status of black labor in Jamaica. The last two draw our attention to the important colonial context of the nature–nurture debate. We also show that ideas that for us seem of a piece were not always linked for these earlier thinkers, nor did views on innateness necessarily have the political correlates that we now take for granted. (shrink)

Much of the literature on practical authority concerns the authority of the state over its subjects—authority to which we are, as G. E. M. Anscombe says, subject “willy nilly”. Yet many of our “willy” (or voluntary) relationships also seem to involve the exercise of practical authority, and this species of authority is in some ways even more puzzling than authority willy nilly. In this paper I argue that voluntary authority relies on a form of voluntary obligation that is akin (in (...) some respects) to the kind of obligation one undertakes in making a promise. Voluntary authority depends, that is, on the possibility of taking on certain obligations more or less at will. It is generated through an interpersonal transaction that involves a directed act of deference, on one side, paired with appropriate uptake of that deference, on the other. Deference, in the relevant sense, should be understood as a normative power that is exercised when agents transfer deliberative discretion to others, undertaking directed obligations to treat others’ directives as content-independent and peremptory reasons. Voluntary authority, thus understood, is both grounded in and constrained by the equal moral authority or autonomy of the participants, since only autonomous agents have the standing to defer in a normatively significant way. (shrink)

Genetic and other biotechnologies are starting to impact significantly upon society and individuals within it. Rose and Novas draw on an analysis of many patient groups to sketch out the broad notion of biocitizenship as a device for describing how the empowered and informed individual, group or network can engage with bioscience. In this paper, we examine critically the notion of biocitizenship, drawing on both sociological fieldwork that grounds the debate in the views of a large and varied group of (...) concerned actors. Using work within green politics, we identify shortcomings in the concept of biocitizenship as it has so far been explicated. The value assumptions lying behind an account of biocitizenship, and its tendency to see issues through a reductive lens, are examined. Alternative views of values and goals, which may undermine any alleged rights and duties, are explored using interviews and other ethnographic data that illustrates the complexity of the terrain. The reductive lens of biocitizenship is explored through contrast with the wider scope of concerns emanating from various sources, including many within green politics. If such complexities are not recognised, there is a danger that a concept of biocitizenship may serve to create and amplify inequalities. Problems with identity issues are key: the construction of identity is complex and many groups are explicitly rejecting the ‘biological’ label. We discuss the multiple relations of citizens with the biotech and pharmaceutical industries. Arguably, existing inequalities in power relationships, exploitation, commodification and ownership patterns are being perpetuated in novel ways through the new biosciences. We pose the question of whether it is possible to construct a concept of biocitizenship that overcomes these problems. (shrink)

: I argue that there is an important analogy between sex selection and selective abortion of fetuses diagnosed with Down syndrome. There are surprising parallels between the social construction of Down syndrome as a disability and the deeply entrenched institutionalization of sexual difference in many societies. Prevailing concepts of gender and mental retardation exert a powerful influence in constructing the sexual identities and life plans of people with Down syndrome, and also affect their families' lives.

To study animal welfare empirically we need an objective basis for deciding when an animal is suffering. Suffering includes a wide range ofunpleasant emotional states such as fear, boredom, pain, and hunger. Suffering has evolved as a mechanism for avoiding sources ofdanger and threats to fitness. Captive animals often suffer in situations in which they are prevented from doing something that they are highly motivated to do. The an animal is prepared to pay to attain or to escape a situation (...) is an index ofhow the animal about that situation. Withholding conditions or commodities for which an animal shows (i.e., for which it continues to work despite increasing costs) is very likely to cause suffering. In designing environments for animals in zoos, farms, and laboratories, priority should be given to features for which animals show inelastic demand. The care ofanimals can thereby be based on an objective, animal-centered assessment of their needs. (shrink)

This paper asks whether adult children have aduty of justice to act as caregivers for theirfrail, elderly parents. I begin (Sections I.and II.) by locating the historical reasons whyrelationships within families were not thoughtto raise issues of justice. I argue that thesereasons are misguided. The paper next presentsspecific examples showing the relevance ofjustice to family relationships. I point outthat in the United States today, the burden ofcaregiving for dependent parents fallsdisproportionately on women (Sections III. andIV.). The paper goes on to (...) use Rawls''theoretical tool of the veil of ignorance toargue that caring for parents should not belinked to a person''s sex and more generally,that there is no duty of justice to assume therole of caregiver for dependent parents(Sections V.). Although justice does notprovide the moral foundations for parent care,I show that it nonetheless places importantlimits on the instinct to care. I concludethat the voice of justice should be audible,and is intrinsically present, withinfamilies. (shrink)

Novelty—the value of saying something new—appears to be a good-making feature of a philosophical contribution. Beyond this, however, novelty functions as a metric of success. This paper challenges the presumption and expectation that a successful philosophical contribution will be a novel one. As I show, the pursuit of novelty is neither as desirable nor as feasible as it might initially seem.

How do social norms influence our choices? And does the presence of biased norms affect what we owe to each other? Looking at empirical research relating to PrEP rollout in HIV prevention policy, a...

Although written in Japanese, this article deals with what the gender theory is all about by reference to Beauvoir's Le Deuxième Sexe. Sartre's works are also heavily cited to clarify the background of Beauvoir's philosophy.

Many maintain that if a beneficiary has a right to a benefit provided by his benefactor, then the former cannot owe the latter gratitude for that benefit. In this paper I argue against that view. I provide examples in which benefactors provide others with benefits to which they have a right even though most others are denying them that right. These benefactors are moral standouts; they do what is right when most similarly situated agents fail to do so. I then (...) spell out some of the features of these benefactors’ actions that make them worthy of gratitude. (shrink)

The distinctly contemporary proliferation of pornography and hate speech poses a challenge to liberalism's traditional ideal of a 'marketplace of ideas' facilitated by state neutrality about the content of speech. This new study argues that the liberal state ought to depart from neutrality to meet this challenge.

This article distinguishes historical ills and historical injustices. It conceives of the latter as legalised natural crimes; committed by morally competent agents. A natural crime consists in the deliberate violation of a natural right. 'Legalised' means that the natural crime must be prescribed; permitted or tolerated by the legal system. I advocate an approach which assesses moral competence on the basis of an exposedness criterion; that is: a historical agent must not be blamed for failing to see the right moral (...) reasons if his epoch and social world is utterly unacquainted with these reasons. However; an appropriate application of the exposedness criterion should take social factors and psychological mechanisms into account that obstruct access to the right reasons. I state a number of factors that seem to be auspicious for the development of moral competence. (shrink)

This paper explores the historic philosophical contributions ofMill and Marx toward a comprehensive conception of intellectual freedomas a basic educational entitlement. In a perhaps surprising confluence,Marx's theory of a material base for freedom of thought is then extendedin a discussion of contemporary freedoms including, importantly,academic freedom and its implication for teaching, the profession andits training.

Psychologists and philosophers have written much about gratitude recently. Many of these contributions have endorsed expansionist views of gratitude, counseling agents to feel and express gratitude in many circumstances. I argue that the essential features of the moral norm of gratitude are that a beneficiary acknowledges and appreciates benefits provided by another who is acting from beneficence, and is disposed to provide a comparable benefit to the benefactor if a suitable occasion arises. The best-known philosophical version of expansionist views claims (...) that gratitude is apt even in cases where the “benefactor” not only did not intend to benefit the other, but intended to harm her. In the psychological literature, expansionists typically do distinguish between being grateful to and being grateful that. But they also write as if there is one general character trait of gratefulness. In this paper I argue that the philosophical position considered is mistaken on conceptual and moral grounds, and that the dominant view among psychologists fails to recognize the difference between two different traits of gratitude, one a moral virtue and the other a prudential virtue. (shrink)

In adolescent sex education, the contemporary debate has developed into two camps: the paternalistic view and the liberal view. I argue that both sides of the camp have been too focused on actions and behavior and are assuming a heteronormative background. This dissertation argues that the way to take care of the self is through exercises, techniques, self-discipline, and self-cultivation—what the ancient Greeks called áskēsis. By applying áskēsis to sex education, students will gain the character of taking care of the (...) sexual self and have a robust outlook of themselves via sexuality. After looking at countless syllabi, I reduce three different moral foundations that underlie existing sex education programs. The first are paternalistic sex education programs. However, empirical research shows that gender discrepancies and heteronormativity are presented as inevitable. The second model is what I call liberal-consequentialist sex education, which emphasizes avoiding negative consequences such as unwanted pregnancies and STIs. This model is an improvement since it empowers students with essential knowledge such as anatomy and sexual mechanics. But this model is still limited because it fails to discuss many forms of sexuality and gender while embracing heteronormativity. The third model is what I call liberal-deontological sex education, which teaches sexual consent. While this model definitely improves on the previous two models, there is still something lacking. Most importantly, this model fails to address the gender inequality at the root of the problematic power dynamics. For example, if to receive consent is to garner a yes, then all men have to do is manipulate woman to get that yes. These three models focus on a person’s behavior, but sexuality is much deeper. Therefore, we need another model that implements áskēsis. For simplicity, I analyze áskēsis to three components: the sexual emotions, the sexual mind, and the sexual body. A comprehensive sex education program helps students train the moral sexual character by disciplining whether those components are coming from their authentic character, or if these ideas were simply societal expectations. This model, thereby, helps students question their own social mores and help formulate their sexual subjectivity. (shrink)

Past injustices demand a response if they have led to present deprivation. But skeptica arthe that there is no need to introduce a self-contained concept of 'historical justice' as our general concepts of justice provide all the necessary resources to deal with present inequalities. A rights-based approach to intergenerational issues has some advantages when compared to rival approaches: those based on intergenerational community; for example; or on obligations deriving from traditional continuity. While it is possible to ascribe rights to beings (...) who are not presently in existence; the case for ascribing rights to future generations is much stronger than for past generations. (shrink)

Abolitionism is the view that if no one is responsible, then we ought to abandon the reactive attitudes. Proponents suggest that reactive attitudes can be replaced in our emotional repertoire by non-reactive analogues. In this paper, I dispute and reject a common challenge to abolitionism according to which the reactive attitudes are necessary for protesting unfairness and maintaining social harmony. While other abolitionists dispute the empirical basis of this objection, I focus on its implications. I argue that even if non-reactive (...) analogues cannot perform the interpersonal and social functions of reactive attitudes, it does not follow that the losses of abandoning them outweigh the gains of retaining them. The force of the challenge rests on a mistake, identified by John Stuart Mill among others, that is common when evaluating entrenched social practices. (shrink)

Liberal feminism is not committed to a number of philosophical positions for which it is frequently criticized, including abstract individualism, certain individualistic approaches to morality and society, valuing the mental/rational over the physical/emotional, and the traditional liberal way of drawing the line between the public and the private.Moreover, liberal feminism's clearest political commitments, including equality of opportunity, are important to women's liberation and not necessarily incompatible with the goals of socialist and radical feminism.

Although G. A. Cohen's work on Marx was flawed by a lack of gender-awareness, his work on Rawls owes much of its success to feminist inspiration. Cohen appeals effectively to feminism to rebut the basic structure objection to his egalitarian ethos, and could now appeal to feminism in response to Andrew Williams's publicity objection to this ethos. The article argues that Williams's objection is insufficient to rebut Cohen's ethos, inapplicable to variants of this ethos, and in conflict with plausible gender-egalitarian (...) ethoses. The article also advocates an understanding of basic structuralism and publicity consistent with feminism, and argues that Rawlsians need not reject plausible domestic egalitarian ethoses on either publicity or liberty grounds. To Michèle, G. A. Cohen's Harriet Taylor. (shrink)

This thesis examines some of the contested meanings of what it is to be a self, person and individual. The law of obligations sets the context for this examination. One of the important aspects of contemporary feminist philosophy has been its move beyond highlighting inconsistencies in political and legal theory, in which theoretical frameworks can be shown to rely upon an ambiguous treatment of women. The feminist theorists whose work is considered use these theoretical weaknesses as a point of departure (...) to propose different conceptual frameworks. I start by analysing contemporary work on the self from within both philosophy of science and feminist metaphysics to draw out common approaches from these diverse positions. These themes are then discussed in the context of the law. I then critically examine the concept of legal personhood in the work of Drucilla Cornell and her proposals for the amendment of tort law. This is juxtaposed with an analysis of the practical operation of tort law by adapting François Ewald's work on risk and insurance to English law. I concentrate on women's ambiguous position with regard to both risk and to the image of the individual that is the subject of Ewald's critique. This is followed by an examination of the changing position of women with regard to 'possessive individualism', 'self-ownership' or 'property in the person' in relation to contract law and social contract theory. There are a number of different social contracts discussed in the thesis: Cornell's reworking of John Rawls and the stories of Thomas Hobbes and of Carole Pateman. The final 'social contract' to be discussed is that of 'new contractualism', the employment of contract as a technique of government. I argue that Pateman's critique of possessive individualism continues to be relevant at a time when the breadwinner/housewife model has broken down. (shrink)

Are hierarchies necessary in human relationships? This issue is a central one for feminist theory, and there is a continuing need to rethink relationships and to envision what they might be like without any sort of dominance of some over others. To aid this process of envisioning alternatives, this paper examines more closely the way one of the most intimate of hierarchies - marriage - has been argued and envisioned historically.

This paper argues that measurements of opportunity which focus on the contents of a person's opportunity set fail to capture open-ended aspects of opportunity that liberals should value. I propose an alternative conception of which does not require the explicit specification of opportunity sets, and which rests on an understanding of persons as responsible rather than rational agents. I suggest that issues of distributive fairness are best framed in terms of real income, and that meaningful measurements of real income are (...) possible if opportunity as mutual advantage is ensured. (shrink)

The principle of coverture in Lebanon is defined and examined through a study of the Christian personal status codes. While these do not necessarily reflect the social status of women, they remain highly discriminatory against women in the legal realm. This is seen as the result of archaic laws, the patriarchal social order, and the strong influence of Islam. No change is seen as possible without an attempt at the unification of all personal status codes and their modification or replacement (...) with a uniform civil law to provide absolute gender equality. (shrink)

This article examines how childhood has become a strategy that answers to questions concerning the governability of life. The analysis is organized around the concept of “biosocial power,” which is shown to be a particular zone of intensity within the wider field of biopolitics. To grasp this intensity it is necessary to attend to the place of imagination in staging biosocial strategies, that is the specific ways in which childhood is both an imaginary projection and a technical project, and to (...) this end Agamben’s concept of the “anthropological machine” is used to examine how biosocial power has been assembled and deployed. The paper begins with the question of childhood as it was posed towards the end of the nineteenth century, focusing on how this positioned the figure of the child at the intersection of zoē and bios, animal and human, past and future. It ends with a discussion on how the current global obesity “epidemic” has transformed this one-time vision of mastery into a strategy of survival. (shrink)

This reflection is based on a conversation with Professor Carole Pateman on 4th December 2017 as we prepared for a conference at Cardiff University to celebrate the thirtieth anniversary of her seminal work, The Sexual Contract. As socio-legal scholars, The Sexual Contract has been formative in, and transformative of, our understandings of law and gender. We explore Professor Pateman’s academic journey and consider how she came to write a ground-breaking book that has made major impacts on socio-legal and feminist legal (...) studies. The paper is structured around the main themes arising in conversation with Pateman, with each section centred on her own account taken from our conversation in late 2017. (shrink)

Issues relating to diversity and pluralism continue to permeate both social and political discourse. Of particular contemporary importance and relevance are those issues raised when the demands associated with forms of pluralism clash with those of the liberal state. These forms of pluralism can be divided into two subcategories: thin and thick pluralism. Thin pluralism refers to forms of pluralism that can be accommodated by the existing liberal framework, whereas thick pluralism challenges this liberal framework. -/- This thesis is an (...) examination of four forms of political association that may be able to accommodate and support the demands of pluralism. These four models are Rawls’ political liberalism, Crowder’s value pluralism, Rorty’s post-foundational liberalism, and Mouffe’s radical democratic project. What unites these four forms of political association is their capacity to avoid the exclusionary effects of a form of liberalism that I, following Gaus, refer to as Enlightenment liberalism. As the name suggests, this conception of liberalism is anchored in the Enlightenment, and in particular with what may be considered as the Enlightenment view of reason. As such, therefore, Enlightenment liberalism is both universal and perfectionist. In this context, I argue that Enlightenment liberalism is a species of what Berlin refers to as ‘moral monism’. -/- These four forms of political association are ordered in such a way as to chart an intellectual trajectory. Rawls and Crowder are both situated firmly within the liberal tradition, whereas Rorty and Mouffe move beyond this, and embrace a form of post-foundational politics. It is in this trajectory that the second theme of this thesis emerges. This is centred on a paradox: in order to avoid the exclusionary effect of Enlightenment liberalism and embrace a form of political association that meets the demands of pluralism and diversity, the models examined still promote autonomy as the dominant virtue. (shrink)