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The Sexual Contract

Polity Press (1988)

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  1. (1 other version)What Knowers Know Well: Women, Work, and the Academy.Alison Wylie - 2011 - In Heidi Grasswick (ed.), Feminist Epistemology and Philosophy of Science: Power in Knowledge. Springer. pp. 157-179.
    Research on the status and experience of women in academia in the last 30 years has challenged conventional explanations of persistent gender inequality, bringing into sharp focus the cumulative impact of small scale, often unintentional differences in recognition and response: the patterns of 'post-civil rights era' dis­crimination made famous by the 1999 report on the status of women in the MIT School of Science. I argue that feminist standpoint theory is a useful resource for understanding how this sea change in (...)
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  • On the Renting of Persons: The Neo-Abolitionist Case Against Today's Peculiar Institution.David Ellerman - 2015 - Economic Thought 4 (1):1-20.
    Liberal thought (in the sense of classical liberalism) is based on the juxtaposition of consent to coercion. Autocracy and slavery were seen as based on coercion whereas today's political democracy and economic 'employment system' are based on consent to voluntary contracts. This paper retrieves an almost forgotten dark side of contractarian thought that based autocracy and slavery on explicit or implicit voluntary contracts. To answer these 'best case' arguments for slavery and autocracy, the democratic and abolitionist movements forged arguments not (...)
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  • Mary Astell: Defender of the “Disembodied Mind”.Cynthia B. Bryson - 1998 - Hypatia 13 (4):40-62.
    This paper demonstrates how Mary Astell's version of Cartesian dualism supports her disavowal of female subordination and traditional gender roles, her rejection of Locke's notion of “thinking matter” as a major premise for rejecting his political philosophy of “social contracts” between men and women, and, finally, her claim that there is no intrinsic difference between genders in terms of ratiocination, the primary assertion that grants her the title of the first female English feminist.
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  • Adoptive Maternal Bodies: A Queer Paradigm for Rethinking Mothering?Shelley M. Park - 2006 - Hypatia 21 (1):201-226.
    A pronatalist perspective on maternal bodies renders the adoptive maternal body queer. In this essay, I argue that the queerness of the adoptive maternal body makes it a useful epistemic standpoint from which to critique dominant views of mothering. In particular, exploring motherhood through the lens of adoption reveals the discursive mediation and social regulation of all maternal bodies, as well as the normalizing assumptions of heteronormativity, “reprosexuality,” and family homogeneity that frame a traditional view of the biological family. As (...)
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  • Heterosexualism and White Supremacy.Sarah Lucia Hoagland - 2007 - Hypatia 22 (1):166-185.
    Articulating heterosexualism is not to supplicate for gays but to better understand consequences of institutionalizing a particular relationship between men and women. In this essay, Hoagland takes up the claim from a number of women of color that women are not all the same gender.
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  • Surrogate Motherhood: A Trust-Based Approach.Katharina Beier - 2015 - Journal of Medicine and Philosophy 40 (6):633-652.
    Because it is often argued that surrogacy should not be treated as contractual, the question arises in which terms this practice might then be couched. In this article, I argue that a phenomenology of surrogacy centering on the notion of trust provides a description that is illuminating from the moral point of view. My thesis is that surrogacy establishes a complex and extended reproductive unit––the “surrogacy triad” consisting of the surrogate mother, the child, and the intending parents––whose constituents are bound (...)
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  • Feminism and Gender.Anca Gheaus - 2015 - In Andrew Fiala (ed.), Bloomsbury Companion to Political Philosophy. New York: Bloomsbury Academic. pp. 167-183.
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  • Hope in a Vice: Carole Pateman, Judith Butler, and Suspicious Hope.Amy Billingsley - 2015 - Hypatia 30 (3):597-612.
    Eve Sedgwick critiques paranoid methodologies for denying a plurality of affective approaches. Instead, she emphasizes affects such as hope, but her description of hope's openness does not address how hope can avoid discourses that appear to offer amelioration while deceptively masking subjugation. In this context, I will argue that suspicion in feminist political philosophy, as shown in the earlier work of Carole Pateman and Judith Butler, provides a cautious approach toward hope's openness without precluding hope altogether. This analysis will reconsider (...)
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  • On public happiness.Vasti Roodt - 2014 - South African Journal of Philosophy 33 (4):455–467.
    Theories of happiness usually consider happiness as something that matters to us from a first-person perspective. In this paper, I defend a conception of public happiness that is distinct from private or first-person happiness. Public happiness is presented as a feature of the system of right that defines the political relationship between citizens, as opposed to their personal mental states, desires or well-being. I begin by outlining the main features of public happiness as an Enlightenment ideal. Next, I relate the (...)
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  • Mary Wollstonecraft's Feminist Critique of Property: On Becoming a Thief from Principle.Lena Halldenius - 2014 - Hypatia 29 (4):942-957.
    The scholarship on Mary Wollstonecraft is divided concerning her views on women's role in public life, property rights, and distribution of wealth. Her critique of inequality of wealth is undisputed, but is it a complaint only of inequality or does it strike more forcefully at the institution of property? The argument in this article is that Wollstonecraft's feminism is partly defined by a radical critique of property, intertwined with her conception of rights. Dissociating herself from the conceptualization of rights in (...)
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  • Distributive justice.Julian Lamont & Christi Favor - 2012 - In Ed Zalta (ed.), Stanford Encyclopedia of Philosophy. Stanford Encyclopedia of Philosophy.
    Principles of distributive justice are normative principles designed to guide the allocation of the benefits and burdens of economic activity.
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  • Existence, Freedom, and the Festival.Sally J. Scholz - 2012 - In Shannon M. Mussett & William S. Wilkerson (eds.), Beauvoir and Western Thought From Plato to Butler. State University of New York Press. pp. 35-54.
    In this paper, I argue that Simone de Beauvoir’s discussion of festivals appropriates Jean-Jacques Rousseau’s own account of the festival and its place in understanding freedom. I begin with a brief summary of Rousseau’s conflicting accounts of the festival from his Discourse on the Origin of Inequality Among Mankind and the Letter to M. D’Alembert. The contrast of these two texts reveals Rousseau’s conception of freedom as circumscribed by the community. Although Rousseau has an idealized virtuous community in mind, the (...)
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  • Commodification of Human Tissue.Herjeet Marway, Sarah-Louise Johnson & Heather Widdows - 2014 - Handbook of Global Bioethics.
    Commodification is a broad and crosscutting issue that spans debates in ethics (from prostitution to global market practices) and bioethics (from the sale of body parts to genetic enhancement). There has been disagreement, however, over what constitutes commodification, whether it is happening, and whether it is of ethical import. This chapter focuses on one area of the discussion in bioethics – the commodification of human tissue – and addresses these questions – about the characteristics of commodification, its pervasiveness, and ethical (...)
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  • Recognition, Desire, and Unjust Sex.Ann J. Cahill - 2014 - Hypatia 29 (2):303-319.
    In this article I will revisit the question of what I term the continuum of heteronormative sexual interactions, that is, the idea that purportedly ethically acceptable heterosexual interactions are conceptually, ethically, and politically associated with instances of sexual violence. Spurred by recent work by psychologist Nicola , I conclude that some of my earlier critiques of Catharine MacKinnon's theoretical linkages between sexual violence and normative heterosex are wanting. In addition, neither MacKinnon's theory nor my critique of it seem up to (...)
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  • Coercion, Consent and the Forced Marriage Debate in the UK.Sundari Anitha & Aisha Gill - 2009 - Feminist Legal Studies 17 (2):165-184.
    An examination of case law on forced marriage reveals that in addition to physical force, the role of emotional pressure is now taken into consideration. However, in both legal and policy discourse, the difference between arranged and forced marriage continues to be framed in binary terms and hinges on the concept of consent: the context in which consent is constructed largely remains unexplored. By examining the socio-cultural construction of personhood, especially womanhood, and the intersecting structural inequalities that constrain particular groups (...)
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  • Intimate Relationships, Relational Contract Theory, and the Reach of Contract.John Wightman - 2000 - Feminist Legal Studies 8 (1):93-131.
    This article explores the role of contract law inintimate relationships, focussing on tacit or onlypartially express agreements rather than expressprenuptial or cohabitation contracts. It welcomes theembrace of relational contract theory by feminist andgay and lesbian commentators, but argues that keydifferences between commercial and intimaterelationships need further analysis if the potentialof relational theory in cases of informal agreement isto be realised. The first difference is that,while commercial contracts can draw on the context ofa contracting community as a source of norms to (...)
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  • Global surrogacy: exploitation to empowerment.Vida Panitch - 2013 - Journal of Global Ethics 9 (3):329-343.
    Journal of Global Ethics, Volume 9, Issue 3, Page 329-343, December 2013.
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  • Bodily Integrity and Conceptions of Subjectivity.Mervi Patosalmi - 2009 - Hypatia 24 (2):125 - 141.
    This paper examines two different ways of understanding the concept of bodily integrity and their political implications. In Drucilla Cornell's use of the concept, the body cannot be separated from the mind. Protecting bodily integrity means protecting possibilities of imagining the self as whole. Martha Nussbaum's theorizing is based on a liberal way of conceptualizing subjectivity, in which the mind and the body are separate, and bodily integrity is used to refer to physical inviolability.
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  • Feminist Political Theory.Ericka Tucker - 2013 - In Gibbons Michael (ed.), The Encyclopedia of Political Thought. New York: Wiley Blackwell, 2011, 1033-1036. Blackwell.
    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 (...)
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  • Surrogate Tourism and Reproductive Rights.Vida Panitch - 2013 - Hypatia 28 (2):274-289.
    Commercial surrogacy arrangements now cross borders; this paper aims to reevaluate the traditional moral concerns regarding the practice against the added ethical dimension of global injustice. I begin by considering the claim that global surrogacy serves to satisfy the positive reproductive rights of infertile first-world women. I then go on to consider three powerful challenges to this claim. The first holds that commercial surrogacy involves the commodification of a good that should not be valued in market terms, the second that (...)
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  • Appropriating Resources: Land Claims, Law, and Illicit Business.Edmund F. Byrne - 2012 - Journal of Business Ethics 106 (4):453-466.
    Business ethicists should examine ethical issues that impinge on the perimeters of their specialized studies (Byrne 2011 ). This article addresses one peripheral issue that cries out for such consideration: the international resource privilege (IRP). After explaining briefly what the IRP involves I argue that it is unethical and should not be supported in international law. My argument is based on others’ findings as to the consequences of current IRP transactions and of their ethically indefensible historical precedents. In particular I (...)
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  • On Sexual Obligation and Sexual Autonomy.Scott Anderson - 2013 - Hypatia 28 (1):122-141.
    In this paper, I try to make sense of the possibility of several forms of voluntarily undertaken “sexual obligation.” The claim that there can be sexual obligations is liable to generate worries with respect to concerns for gender justice, sexual freedom, and autonomy, especially if such obligations arise in a context of unjust background conditions. This paper takes such concerns seriously but holds that, despite unjust background circumstances, some practices that give rise to ethical sexual obligations can actually ameliorate some (...)
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  • Feminism and Hermeneutics.Georgia Warnke - 1993 - Hypatia 8 (1):81 - 98.
    Feminists often look to postmodern philosophy for a framework within which to treat difference. We might more productively look to a hermeneutic philosophy that emphasizes the interpretive dimensions of difference and allows us to acknowledge the partiality of our understanding. Hence, we might also recognize the importance of a hermeneutic conversation unconstrained by relations of power or ideology in which all nonexclusionary interpretive voices can be educated by one another.
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  • Rethinking Power.Amy Allen - 1998 - Hypatia 13 (1):21 - 40.
    This paper argues that feminists have yet to develop a satisfactory account of power. Existing feminist accounts of power tend to have a one-sided emphasis either on power as domination or on power as empowerment. This conceptual one-sided-ness must be overcome if feminists are to develop an account complex enough to illuminate women's diverse experiences with power. Such an account is sketched here.
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  • Kant on Moral Agency and Women's Nature.Mari Mikkola - 2011 - Kantian Review 16 (1):89-111.
    Some commentators have condemned Kant’s moral project from a feminist perspective based on Kant’s apparently dim view of women as being innately morally deficient. Here I will argue that although his remarks concerning women are unsettling at first glance, a more detailed and closer examination shows that Kant’s view of women is actually far more complex and less unsettling than that attributed to him by various feminist critics. My argument, then, undercuts the justification for the severe feminist critique of Kant’s (...)
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  • Hegel on women, law, and contract.Alison Stone - 2013 - In Maria Drakopoulou (ed.), Feminist Encounters with Legal Philosophy. Milton Park, Abingdon, Oxon: Routledge Cavendish.
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  • Social Freedom and Commitment.Shay Welch - 2012 - Ethical Theory and Moral Practice 15 (1):117-134.
    Much of feminist theory takes issue with traditional, liberal theories of consent and obligation. Though none have proposed abandoning obligation outright, there has been a general shift among feminists towards a responsibility paradigm. Responsibility models acknowledge given relationships and interdependence, and so posit responsibilities as given, regardless of whether they are voluntary. But in theories that take freedom as a principal value, a move from a socially unembedded voluntarism to socially embedded responsibility leaves something missing. Constructive accounts of and prescriptions (...)
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  • The ethics of surrogacy: women's reproductive labour.Anton van Niekerk & Liezl van Zyl - 1995 - Journal of Medical Ethics 21 (6):345-349.
    The aim of this article is to establish whether there is anything intrinsically immoral about surrogacy arrangements from the perspective of the surrogate mother herself. Specific attention is paid to the claim that surrogacy is similar to prostitution in that it reduces women's reproductive labour to a form of alienated and/or dehumanized labour.
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  • Gender justice and the welfare state in post-communism.Anca Gheaus - 2008 - Feminist Theory 9 (2):185-206.
    Some Romanian feminist scholars argue that welfare policies of post-communist states are deeply unjust to women and preclude them from reaching economic autonomy. The upshot of this argument is that liberal economic policy would advance feminist goals better than the welfare state. How should we read this dissonance between Western and some Eastern feminist scholarship concerning distributive justice? I identify the problem of dependency at the core of a possible debate about feminism and welfare. Worries about how decades of communism (...)
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  • Intersectionality, Citizenship and Contemporary Politics of Belonging.Nira Yuval-Davis - 2007 - Critical Review of International Social and Political Philosophy 10 (4):561-574.
    The paper examines the effects of intersecting social divisions on constructions of multi‐layered citizenships and the politics of belonging in contemporary Britain. It starts with conceptual clarifications of the notions of citizenship, belonging and intersectionality and then turns to examine contemporary politics of belonging in contemporary Britain, focusing on the current debate on the ‘death of multiculturalism’ and on ‘social cohesion’. It illustrates how the use of civic and democratic values as signifiers of belonging can end up as exclusionary, rather (...)
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  • Dissident Citizenship: Democratic Theory, Political Courage, and Activist Women.Holloway Sparks - 1997 - Hypatia 12 (4):74-110.
    In this essay, I argue that contemporary democratic theory gives insufficient attention to the important contributions dissenting citizens make to democratic life. Guided by the dissident practices of activist women, I develop a more expansive conception of citizenship that recognizes dissent and an ethic of political courage as vital elements of democratic participation. I illustrate how this perspective on citizenship recasts and reclaims women's courageous dissidence by reconsidering the well-known story of Rosa Parks.
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  • Anti‐Anti‐Identity Politics: Feminism, Democracy, and the Complexities of Citizenship.Susan Bickford - 1997 - Hypatia 12 (4):111-131.
    In this essay, I argue that recent leftist criticisms of "identity politics" do not address problems of inequality and interaction that are central in thinking about contemporary democratic politics. I turn instead to a set of feminist thinkers who share these critics' vision of politics, but who critically mobilize identity in a way that provides a conception of democratic citizenship for our inegalitarian and diverse polity.
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  • Social Citizenship From a Feminist Perspective.Wendy Sarvasy - 1997 - Hypatia 12 (4):54-73.
    In this article I construct a feminist notion of social citizenship from early twentieth-century feminism in the United States. Arguing that there are four aspects to the interconnection between women's citizenship and social democracy-new modes of citizenship, a socialized view of rights, new spaces for participation, and a female-privileged definition of gender equality-I suggest that such a concept could help us move from a welfare state to a feminist social democracy.
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  • Toward a New Feminist Liberalism: Okin, Rawls, and Habermas.Amy R. Baehr - 1996 - Hypatia 11 (1):49 - 66.
    While Okin's feminist appropriation of Rawls's theory of justice requires that principles of justice be applied directly to the family, Rawls seems to require only that the family be minimally just. Rawls's recent proposal dulls the critical edge of liberalism by capitulating too much to those holding sexist doctrines. Okin's proposal, however, is insufficiently flexible. An alternative account of the relation of the political and the nonpolitical is offered by Jürgen Habermas.
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  • Prostitution, Sexual Autonomy, and Sex Discrimination.Jeffrey Gauthier - 2011 - Hypatia 26 (1):166 - 186.
    Feminist critics of the stigmatization of prostitution such as Martha Nussbaum and Sybil Schwarzenbach argue that the features of the practice do not, or at least need not, differ essentially from those of other more respected sorts of labor. I argue that even the least degraded forms of the current practice of prostitution remain objectionable on feminist grounds because patrons demand a semblance of sexual self-expression that engages discriminatory beliefs about women's sexuality.
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  • Political legitimacy.Fabienne Peter - 2010 - Stanford Encyclopedia of Philosophy.
    Political legitimacy is a virtue of political institutions and of the decisions—about laws, policies, and candidates for political office—made within them. This entry will survey the main answers that have been given to the following questions. First, how should legitimacy be defined? Is it primarily a descriptive or a normative concept? If legitimacy is understood normatively, what does it entail? Some associate legitimacy with the justification of coercive power and with the creation of political authority. Others associate it with the (...)
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  • (1 other version)Self-transformation and civil society: Lockean vs. confucian.Kim Sungmoon - 2009 - Dao: A Journal of Comparative Philosophy 8 (4):383-401.
    Although contemporary Confucianists tend to view Western liberalism as pitting the individual against society, recent liberal scholarship has vigorously claimed that liberal polity is indeed grounded in the self-transformation that produces “liberal virtues.” To meet this challenge, this essay presents a sophisticated Confucian critique of liberalism by arguing that there is an appreciable contrast between liberal and Confucian self-transformation and between liberal and Confucian virtues. By contrasting Locke and Confucius, key representatives of each tradition, this essay shows that both liberalism (...)
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  • Jamming the machines: “Woman” in the work of irigaray and deleuze.Janice Richardson - 1998 - Law and Critique 9 (1):89-115.
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  • Hobbes’ Frontispiece: Authorship, Subordination and Contract.Janice Richardson - 2016 - Law and Critique 27 (1):63-81.
    In this article I argue that the famous image on Hobbes’ frontispiece of Leviathan provides a more honest picture of authority and of contract than is provided by today’s liberal images of free and equal persons, who are pictured as sitting round a negotiating table making a decision as to the principles on which to base laws. Importantly, in the seventeenth century, at the start of modern political thought, Hobbes saw no contradiction between contractual agreement and subordination. I will draw (...)
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  • Reparations for White supremacy? Charles W. Mills and reparative vs. distributive justice after the structural turn.Jennifer M. Https://Orcidorg Page - 2022 - Journal of Social Philosophy.
    Drawing on the work of Charles W. Mills and considering the case of reparations to Black Americans, this article defends the “structural turn” in the philosophical reparations scholarship. In the Black American context, the structural turn highlights the structural and institutional operations of a White supremacist political system and a long chronology of state-sponsored injustice, as opposed to enslavement as a standalone historical episode. Here, the question whether distributive justice is more appropriate than reparative justice is particularly pressing, since structural (...)
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  • Inalienable rights: A litmus test for liberal theories of justice.David Ellerman - 2010 - Law and Philosophy 29 (5):571-599.
    Liberal-contractarian philosophies of justice see the unjust systems of slavery and autocracy in the past as being based on coercion—whereas the social order in modern democratic market societies is based on consent and contract. However, the ‘best’ case for slavery and autocracy in the past were consent-based contractarian arguments. Hence, our first task is to recover those ‘forgotten’ apologia for slavery and autocracy. To counter those consent-based arguments, the historical anti-slavery and democratic movements developed a theory of inalienable rights. Our (...)
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  • Identity politics.Cressida Heyes - 2020 - Stanford Encyclopedia of Philosophy.
    An encyclopedia entry providing an overview of the philosophical issues entailed in the theory and practice of "identity politics." Open access and online. Regularly updated.
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  • Feminist perspectives on power.Amy Allen - 2008 - Stanford Encyclopedia of Philosophy.
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  • Kant and the marriage right.Donald Wilson - 2004 - Pacific Philosophical Quarterly 85 (1):103–123.
    The provision of a marriage right is a distinctive aspect of Kant ’s political philosophy and seems, initially, difficult to reconcile with the general concern with ensuring external freedom of action apparent in the universal principle of Right and the sole innate right said to follow from this principle. I claim that this provision can be regarded as consistent with this general focus and that Kant ’s treatment of issue suggests an interesting secular argument for the institution of marriage.
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  • The futures of gender and sexuality.Steph Lawler - 2001 - Social Epistemology 15 (2):71 – 76.
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  • Re-reading the second sex's 'simone de beauvoir'.Tom Grimwood - 2008 - British Journal for the History of Philosophy 16 (1):197 – 213.
    Referencing ‘Simone de Beauvoir’ is to reference a stage in the history of feminist philosophy; when one cites the name ‘Simone de Beauvoir’, as the signature of The Second Sex, one is also citing...
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  • The Lady Vanishes: What’s Missing from the Stem Cell Debate.Donna L. Dickenson - 2006 - Journal of Bioethical Inquiry 3 (1):43-54.
    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 (...)
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  • Social Structure and Epistemic Privilege. Reconstructing Lukács’s Standpoint Theory.Titus Stahl - 2023 - Análisis 10 (2):319-349.
    Lukács is widely recognized as being the first critical theorist to have explicitly developed the idea of a “standpoint theory”. According to such a theory, members of oppressed groups enjoy an epistemic privilege regarding the nature of their oppression. However, there is no agreement regarding what precise argument Lukács offers for his claims regarding the alleged epistemic privilege of the working class. Additionally, it remains unclear whether later feminist standpoint theories share any continuity with Lukács’s argument. In this analysis, I (...)
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  • The Politics of Becoming: Anonymity and Democracy in the Digital Age.Hans Asenbaum - 2023 - Oxford: Oxford University Press.
    When we participate in political debate or protests, we are judged by how we look, which clothes we wear, by our skin colour, gender and body language. This results in exclusions and limits our freedom of expression. The Politics of Becoming explores radical democratic acts of disidentification to counter this problem. Anonymity in masked protest, graffiti, and online de-bate interrupts our everyday identities. This allows us to live our multiple selves. In the digital age, anonymity becomes an inherent part of (...)
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  • Ideology Critique Without Morality: A Radical Realist Approach.Ugur Aytac & Enzo Rossi - 2023 - American Political Science Review 117 (4):1215-1227.
    What is the point of ideology critique? Prominent Anglo-American philosophers recently proposed novel arguments for the view that ideology critique is moral critique, and ideologies are flawed insofar as they contribute to injustice or oppression. We criticize that view and make the case for an alternative and more empirically-oriented approach, grounded in epistemic rather than moral commitments. We make two related claims: (i) ideology critique can debunk beliefs and practices by uncovering how, empirically, they are produced by self-justifying power, and (...)
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