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 (...) understanding gender inequity was realized. At the same time, close attention to activist research on workplace environment issues suggests ways in which our understanding of standpoint theory can fruitfully be refined. I focus on the implications of two sets of distinctions: between types of epistemic injustice (and correlative advantage) that may affect marginalized knowers; and between the resources of situated knowledge and those of a critical standpoint on knowledge production. (shrink)

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

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)

With the rise of place-based models of education, credence needs to be given to epistemological traditions that curate individual understandings of and relations to the social world (i.e., places). The epistemological traditions that have been shared across generations of North American settler colonialists are at the center of this article. The dominant epistemology of settler society provides racialized, anthropocentric, and capitalistic understandings of places. Relations to place are cultivated through particular conceptions of nature, private property, and personhood, which remain at (...) the epistemic foundation of Western society. These conceptions are concomitant to modes of domination like white supremacy and settler colonialism, and ultimately constitute an ideal white male settler actor. This article suggests that place-based education carries the potential to offer epistemic resistance to domination, but first needs to engage in a more comprehensive understanding of settler traditions of place. (shrink)

What role should the state have in recognizing and regulating marriage? Until recently, liberal political theorists paid little attention to this question. Yet the challenges that the public–private boundary-crossing institution of marriage poses to liberalism are substantial. Tensions in contemporary debates suggest that these challenges remain unaddressed and thus, invite attempts to formulate a coherent and compelling model of the relationship between marriage and the liberal state. This article responds to this invitation. Marriage has long been a concern of at (...) least some liberal thinkers. Typically they focused on the dual character of marriage, or its role in producing gender inequality. While these critical insights are essential to any adequate account of marriage and the state, they are only part of the picture. To grasp the sources of confusion and silences in contemporary debates, and formulate a robust liberal model of marriage and the state, we must examine the functions — intended and effective — of public recognition of marriage. This examination highlights the relevance to the marriage-state relationship of familiar liberal approaches to negotiating the religion-state relationship. Drawing on these approaches and liberal feminist thought, I sketch a model of marriage and the state that aims to expand the area of protected freedom without sacrificing equality, fairness or marriage. Under the model I propose, marriage would be disestablished. The state would neither confer marital status, nor use 'marriage' as a category for dispersing benefits. Legitimate public welfare goals currently treated through marriage would be addressed through an intimate caregiving union status. (shrink)

This essay takes up an apparently minor idea of Susan Moller Okin's Justice, Gender, and the Family—that employers should split the paycheck of wage-earning husbands between employees and their stay-at-home spouses—and suggests that it actually threatens to undermine Okin's entire argument by perpetuating the most central cause of women's inequality by Okin's own account: the sexual division of labor. Recognizing the vital contributions that Okin's seminal work made and the impact that it had on the field of feminist philosophy and (...) political theory, the essay explores the ethical, political, and philosophical problems with this solution to the dire problems of gender inequality and injustice that Okin correctly identifies. The essay suggests that her commitment to liberalism may have resulted in a commitment to an inadequate vision of how to solve the problems of gender inequality, and offers other possibilities that Okin could have pursued instead that sustain her strong commitment to liberalism. (shrink)

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 (...) simply in favour of consent, but arguments that voluntary contracts to legally alienate aspects of personhood were invalid 'even with consent' – which made the underlying rights inherently inalienable. Once understood, those arguments have the perhaps 'unintended consequence' of making the neo-abolitionist case for ruling out today's self-rental contract, the employer-employee contract. The paper has to also retrieve these inalienable rights arguments since they have been largely lost on the Left, not to mention in liberal thought. (shrink)

The Oxford Handbook of Philosophy and Race provides up-to-date explanation and analyses by leading scholars of contemporary issues in African American philosophy and philosophy of race. These original essays encompass the major topics and approaches in this emerging philosophical subfield that supports demographic inclusion and diversity while at the same time strengthening the conceptual arsenal of social and political philosophy. Over the course of the volume's ten topic-based sections, ideas about race held by Locke, Hume, Kant, Hegel, and Nietzsche are (...) supplemented by suppressed thought from the African diaspora, early twentieth-century African American perspectives and Native-, Asian-, and Latin-, American views. The contributors bring philosophical analysis to bear on the status of racial divisions as categories of humanity in the biological sciences, as well as within contemporary criticism and conceptual analysis. Essays present the special applications of American philosophy and continental philosophy to ideas of race as methodological alternatives to more analytic approaches. As a collection of analyses and assessments of 'race' in the real world, the volume pays trenchant and relevant attention to historical and contemporary racism and what it means to say that 'race' and racial identities are socially constructed. The essays analyze contemporary social issues including the importance of racial difference and identity in education, public health, medicine, IQ and other standardized tests, and sports. Additionally, the essays consider the societal limitations and structures provided by public policy and law. As a critical theory, the volume compares the study of race to feminism. Historical and contemporary, academic and popular, racisms pertaining to male and female gender receive special consideration throughout the volume. While this comprehensive collection may have the effect of a textbook, each of the original essays is a fresh and authentic development of important present thought. (shrink)

This paper argues that the slogans “A Woman's Right to Choose” and “The Personal is the Political” typify different traditions within feminist thinking; one emphasizing rights and equality, the other the unconscious and the personal. The author responds to both traditions by bringing together mind and body, and reason and emotion, via the figure of the copula. The copula expresses an alternative model of identity which indicates that value can be produced only in relation.Let us say that the problem is (...) violence. At its most naive: how can the sexual relation, which is supposedly full of love, be violent?I mean the sexual relation in its resonances and ambiguity—to indicate the relation between the sexes, and the relation between lovers. In no way can the relation be confined to love, either heterosexual or homosexual, since it is often a contest. It cannot be reduced solely to a social relation, because in one of its aspects it addresses the most intimate subjectivity.In a certain feminist lifestyle advocacy, those women who are in same sex relations avoid sexual violence by avoiding men, and those who are in heterosexual relationships strive to find the “right kind”—that is, relationships of respectful and supportive love—rejecting all signs of aggression, from sexist disparagement and emotional cruelty to sexual humiliation and physical assault, as “abuse.”Strangely, this dichotomy does not explain the proximity of passion and aggression, whether in love between men and women or in same-sex relationships between feminist women. As rational counsel, it resists the important sense in which the erotic is, and is even valued as, the excess of the rational. And as an analysis of the oppression of women it defeats itself, for to insist on masculinity as violence itself, and/or on the sexual relation as properly governed by reason, seems to miss the point of both love and feminism.Stranger still, feminisms, which set out to address and redress the oppression of women, have become rivalrous themselves. Are these aggressions a legacy of the intellectual world they must take place in. Have we overlooked an aspect of the relation between sisters? Feminism has not addressed the question of aggression in feminism as anything more than contamination.Perhaps, after all, the thing that feminism has not yet successfully addressed is love. The “battle between the sexes” has not rendered the ambivalence of the heterosexual relation. As a species of theory, feminism has relished the rigor of distinction and has not found it easy to tolerate the proximity of opposites.And yet, in evoking the body, some feminisms approach closer to this difficulty. It remains to take up the relation between the body and the concept more thoroughly, in order to find out whether sexual difference could ever be philosophical. (shrink)

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 (...) participants in motherhood who resist “repro-narrativity,”“reprosexuality,” and essentialism, adoptive maternal bodies have the potential to both queer our notions of normal mothering and normalize our notions of queer mothering. (shrink)

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.

In this essay, Miriam argues for a phenomenological-hermeneutic approach to the radical feminist theory of sex-right and compulsory heterosexuality. Against critics of radical feminism, she argues that when understood from a phenomenological’ hermeneutic perspective, such theory does not foreclose female sexual agency. On the contrary, men's right of sexual access to women and girls is part of our background understanding of heteronormativity, and thus integral to the lived experience of female sexual agency.

Catharine Macaulay's first political pamphlet, “Loose remarks on certain positions to be found in Mr. Hobbes's philosophical rudiments of government and society with a short sketch for a democratical form of government in a letter to Signor Paoli,” published in London in 1769, has received no significant scholarly attention in over two hundred years. It is of primary interest because of the light it sheds on Macaulay's critique of patriarchal politics, which helps to establish a new line of thinking about (...) the historian as an early feminist writer. It appears she was working from an unauthorized edition of the Thomas Hobbes'sDe Cive entitledPhilosophicall Rudiments of Government and Society, printed by a royalist bookseller in London 1651. Some errors in this translation may explain Macaulay's skewed understanding of Hobbess argument in support of the premises of monarchy. Her intriguing analysis of paternal authority in “Loose Remarks” anticipates recent feminist explorations of Hobbesian political thought. (shrink)

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.

It is standard in feminist commentaries to argue that Wollstonecraft's feminism is vitiated by her commitment to a liberal philosophical framework, relying on a valuation of reason over passion and on the notion of a sex-neutral self. I challenge this interpretation of Wollstonecraft's feminism and argue that her attempt to articulate an ideal of self-governance for women was an attempt to diagnose and resolve some of the tensions and inadequacies within traditional liberal thought.1.

Dramatic changes or revolutions in a field of science are often made by outsiders or 'trespassers,' who are not limited by the established, 'expert' approaches. Each essay in this diverse collection shows the fruits of intellectual trespassing and poaching among fields such as economics, Kantian ethics, Platonic philosophy, category theory, double-entry accounting, arbitrage, algebraic logic, series-parallel duality, and financial arithmetic.

Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and resource exit from (...) dominating relationships within markets of all types, be they marital, labour, or residential. The substantial intervention and redistribution necessitated by such an approach make it leftist, while its tendency to work with rather than against the grain of markets makes it centrist. It is, in short, a contribution to progressive republican political thought, but one that is less social-democratic than market-democratic in character. (shrink)

What happens when well-defined disciplines meet or are confronted with transdisciplinary discourses and concepts, where transdisciplinary concepts are analytical tools rather than specifications of a field of objects or a class of entities? Or, if disciplines reject transdisciplinary discourses and concepts as having no part to play in their practice, why do they so reject them? This essay addresses these questions through a discussion of the relationship between philosophy – the most tightly policed discipline in the humanities – and what (...) I will argue is the emblematically transdisciplinary practice of feminist theory, via a discussion of interdisciplinarity and related terms in gender studies. It argues that the tendency of philosophy to reject feminist theory in fact correctly intuited that the two defining features of feminist theory – its constitutive tie to a political agenda for social change and the transdisciplinary character of many of its central concepts – are indeed at odds with, and pose a threat to, the traditional insularity of the discipline of philosophy. It argues, further, that feminist theory operates with what we should now recognise as a set of transdisciplinary concepts – including, sex, gender, woman, sexuality and sexual difference – and that the use of these concepts in feminist philosophy has been the most far-reaching continuation in the late 20th/early 21st centuries of the critique of philosophy initiated by Marx and pursued by ‘critical theory’. This puts feminist philosophy in a difficult position: its transdisciplinary aspects open it up to an unavoidable contradiction. Nonetheless, this is a contradiction that can and must be endured and made productive. In order to draw out the specificity of the concept of transdisciplinarity at issue the essay begins with a discussion of attempts to define inter- and transdisciplinarity, particularly in gender studies. Arguing for the transdisciplinary origin of the concept of gender, it then suggests one way of understanding its function as a critical concept, before making explicit how this leads to the historical antagonism between traditional philosophy and the critical, transdisciplinary concept of gender and with feminist theory more generally. (shrink)

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 (...) the domination and empowerment debates in relation to affect, pointing toward compatibilities between the two perspectives. First, I will expand Sedgwick's analysis of hope to explain its potential as a feminist political affect. Second, I will examine the techniques of suspicion employed by Pateman and Butler and how they risk denying possibilities for hope. This will lead to a discussion of how Amy Allen's theory of power indicates that suspicion is compatible with hope. Finally, I will explain how the suspicious approaches of Pateman and Butler illuminate hope as an inherently risky, fragile project. This will show that suspicion does not necessarily take up the totalizing position of paranoia, but rather can productively ensure that hope is not led astray. (shrink)

There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today—particularly in America. Many contemporary libertarians and neo-Austrian economists represent the non-democratic strain in their promotion of non-democratic sovereign city-states (startup cities or charter cities). We will take the late James M. Buchanan as a representative of the democratic strain of classical liberalism. Since the (...) fundamental norm of classical liberalism is consent, we must start with the intellectual history of the voluntary slavery contract, the coverture marriage contract, and the voluntary non-democratic constitution (or pactum subjectionis). Next we recover the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience through the Enlightenment (e.g., Spinoza and Hutcheson) in the abolitionist and democratic movements. Consent-based governments divide into those based on the subjects' alienation of power to a sovereign and those based on the citizens' delegation of power to representatives. Inalienable rights theory rules out that alienation in favor of delegation, so the citizens remain the ultimate principals and the form of government is democratic. Thus the argument concludes in agreement with Buchanan that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations. (shrink)

This article explores the so-called `postsecular' turn from two different but intersecting angles. The first part of the argument offers a reasoned cartography of the postsecular discourses, both in general and within feminist theory. The former includes the impact of extremism on all monotheistic religions in a global context of neo-conservative politics and perpetual war. The context of international violence has dire consequences for the social space, which is increasingly militarized, but also for academic debates, which become more and more (...) restricted in scope and freedom. The article then shifts to mapping the intersection between feminism and the postsecular condition. The main argument is that the postsecular turn challenges European feminism because it makes manifest the notion that agency, or political subjectivity, can be conveyed through and supported by religious piety, and may even involve significant amounts of spirituality. This statement also implies that political agency need not be critical in the negative sense of oppositional and thus may not be aimed solely or primarily at the production of counter-subjectivities. Subjectivity is rather a process ontology of auto-poiesis or self-styling, which involves complex and continuous negotiations with dominant norms and values, and hence also multiple forms of accountability. The double challenge of linking subjectivity to religious agency, and disengaging both from oppositional consciousness and critique defined as negativity, is one of the main issues this article wants to address. In the conclusion the article raises the issue of the affirmative power of critical theory and the kind of ethical values it may be able to engender. (shrink)

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 (...) significance – in order to clarify and map the commodificatory debate. The chapter does this in three parts. First, it defines commodification as the shift from “persons” to “things” and from “relationships” to services for “contract.” Second, using examples of kidney and gamete sale and commercial surrogacy, it argues that commodification is rife in bioethics. Third, it contends that commodification is an ethical problem for three key reasons: First, because it leads to exploitation; second, because some things should not be for sale; and third, because it damages social goods. The chapter concludes that commodification and commodificatory practices should be resisted. (shrink)

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

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 (...) of South Asian women in the UK, we argue that consent and coercion in relation to marriage can be better understood as two ends of a continuum, between which lie degrees of socio-cultural expectation, control, persuasion, pressure, threat and force. Women who face these constraints exercise their agency in complex and contradictory ways that are not always recognised by the existing exit-centred state initiatives designed to tackle this problem. (shrink)

This article focuses on John Locke's understanding of the student as a natural learner and on the ambiguous utopia of childhood that underpins this understanding. It draws a parallel between the educational utopia of natural learning and colonization, and then investigates ethico-political implications. Locke politicizes natural learning in ways that normalize exclusions at the level of intersubjective ethical relations and naturalize colonial expansion at the level of cosmopolitan right. Thought through to its implications, this claim leads to exploring connections between (...) Locke's educational philosophy and his multiple and ambiguous utopianisms. Thus examined, the political operations of Locke's pedagogy bring to the fore the subtle though no less important performativity of Locke-inspired, modern educational utopianism that remains so far under- or non-theorized in educational philosophy. (shrink)

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

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 (...) examine arguments from political philosophy for more equitable distribution of resources and appeals to property rights as a means of achieving this; business ethicists’ critiques of contemporary resource appropriations; and legal historians’ accounts of despoliation of aboriginal peoples, especially in what is now the United States, involving acquisition via conquest, asserted jurisdiction, and religious and racial preeminence. I also consider relevant human rights’ standards; supportive views of some theorists, especially early modern realists and current supporters of group rights and multidimensional rectification; some de facto incidences of substantive restitution; and proposals for effecting further rectification. (shrink)

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 (...) of the problems caused by such background conditions. Similarly, despite a surface appearance that sexual obligation and sexual autonomy are in tension, this need not be the case. By understanding how practices and conventions regulate the way such obligations can arise, this paper shows how supporting the possibility of sexual obligation can actually facilitate individual efforts to achieve sexual autonomy. (shrink)

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 (...) moral project. (shrink)

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 (...) for freedom must consider the reality of social life; yet acknowledging that relations are given need not require subordinating the role of voluntarism and consent in most relationships. In this paper I offer a commitment framework that seeks to supplant obligation while also reconciling relational given-ness and voluntarism. I propose an analysis of commitment that takes relations as the starting point and then show how the concept can: 1. guide actions 2. account for responsibilities 3. enhance freedom and 4. avoid a large share of coercive forces that are believed as necessary for reinforcing obligation and responsibility fulfillment. (shrink)

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 (...) distinction between the political and the personal to the distinction between having normative reasons for a particular political arrangement and merely having a ‘pro-attitude’ towards a state of affairs that accords with one's preferred definition of happiness. Following this, I demonstrate why well-being, understood as a normative rather than a purely descriptive conception of personal happiness, nevertheless cannot serve as a normative reason in the political domain. In the final section, I show why normative reason-giving matters for the relationship between citizens, and how such reason-giving relates to public happiness. (shrink)

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 (...) out these arguments by comparing three images of politics that employ the human body: Hobbes’ frontispiece is compared firstly with an earlier picture of the state, the illustration of the Fable of the Belly, and then with a later Rawlsian image of the social contract described above. At stake is Hobbes’ view of two associated concepts: authorship and authority. I argue that Hobbes’ image is a vivid portrayal of a ‘persona covert’, akin to the feme covert, a wife characterised in common law as so dominated by her husband that she is imagined as being ‘covered’ by his body. (shrink)

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 (...) racial inequalities form part of the basis for reparations. Derrick Darby’s pragmatic argument for non-race-specific redistributive policies and Tommie Shelby’s principled defense of distributive justice are both considered, as well as the challenge to the structural turn that comes from Carlton Waterhouse’s argument for reparations for enslavement rather than “legacy of slavery” reparations. (shrink)

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.

“Women and the Law in Irigarayan Theory” by Gail Schwab is a reading of French feminist philosopher Luce Irigaray's writings on law together with texts of American feminist jurisprudence. The first part of the article summarizes many of the conflicts surrounding the concept of equality in American feminist legal thought and attempts to move beyond them with the Irigarayan principle of equivalence or equivalent rights. The second part of the article deals more generally with the symbolic changes that will be (...) necessary in order to change the law, and with the cultural evolution that changes in the law can bring about, and more specifically with two areas of Irigarayan legal theory that are central to cultural change and evolution: the concept of female identity or virginity, and the relationship to the mother. In the conclusion, a new utopian vision of what law might be‐the cultural mediation for an evolved intersubjectivity‐is developed through Irigaray's most recent texts. (shrink)

Kant has famously argued that monogamous marriage is the only relationship where sexual use can take place "without degrading humanity and breaking the moral laws." Kantian marriage, however, has been the target of fierce criticisms by contemporary things: it has been regarded as flawed and paradoncal, as being deeply at odds with feminism, and, at best, as plainly uninteresting. In this paper, I argue that Kantian marriage can indeed survive these criticisms. Finally, the paper advances the discussion beyond marriage. Drawing (...) on Kant 's conception of friendship, I suggest that he might have overlooked the possibility of sex being morally permissible in yet another context. (shrink)

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 (...) justification, or at least the sanctioning, of existing political authority. Authority stands for a right to rule—a right to issue commands and, possibly, to enforce these commands using coercive power. An additional question is whether legitimate political authority is understood to entail political obligations or not. Most people probably think it does. But some think that the moral obligation to obey political authority can be separated from an account of legitimate authority, or at least that such obligations arise only if further conditions hold. (shrink)

Recent defenses of same-sex marriage and polygamy have invoked the liberal doctrines of neutrality and public reason. Such reasoning is generally sound but does not go far enough. This paper traces the full implications of political liberalism for marriage. I argue that the constraints of public reason, applied to marriage law, entail ‘minimal marriage’, the most extensive set of state-determined restrictions on marriage compatible with political liberalism. Minimal marriage sets no principled restrictions on the sex or number of spouses and (...) the nature and purpose of their caring relationships, nor on which marital rights are exchanged, and whether they are exchanged reciprocally or asymmetrically. Minimal marriage supports adult care networks, urban tribes, friendships, and other forms of relationships as well as ‘traditional’ marriages. I provide a publically justifiable rationale for a legal framework supporting non-dependent caring relationships between adults. The argument is that caring relationships are primary goods, and that liberal justice accordingly requires legal frameworks supporting caring relationships. Minimal marriage is one such framework. (shrink)

The ‘marketplace of ideas’ is an influential metaphor with widespread currency in debates about freedom of speech. We explore a number of ways competition between ideas might be described as occurring in a marketplace and find that none support the use of the metaphor. We suggest that an alternative metaphor, that of the ‘garden of ideas’, may offer more productive insights into issues surrounding the regulation of speech.

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.

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

In this essay I distinguish four different modes of feminist critique of reason. Discussing the work of authors such as Keller, Irigaray, and Butler, I point out that the issue of masculine connotations has been addressed with regard to different concepts-or at least different aspects-of reason. In view of a tendency to overdraw the objections, I suggest to reformulate the feminist critique of reason. I also argue that a rediscovery of those philosophical concepts of reason that do not restrict this (...) term to instrumental rationality might be useful for this purpose. (shrink)

Cet article examine la politique autrichienne en matière de handicap concernant le travail protégé dans le cadre des lois régionales sur le handicap. L’analyse s’appuie sur le modèles paternaliste, libertaire et socio-relationnel, trois modèles théoriques des relations de service social dans le triangle des prestataires de services, des acteurs de l’État et de la personne concernée. À travers ce prisme, une analyse approfondie du contenu des lois, des règlements et des rapports de suivi a été réalisée. Cet article souligne que (...) les perspectives paternalistes et dis/ableist sur les personnes handicapées prédominent dans les lois fédérales sur le handicap, tandis qu’il n’y a qu’une faible présence des services de soutien qui fournissent l’éducation et les compétences pour un travail en désinstitutionalisation ou qui soutiennent les mesures d’emploi sur le marché du travail ouvert. La plupart des services d’aide concernent des emplois à vie avec de l’argent de poche, sans droits à l’emploi, dans des marchés du travail de substitution ségrégués. Les résultats montrent que, bien que la législation contient souvent une rhétorique progressiste promettant une plus grande autodétermination et une meilleure inclusion, il s’agit surtout d’une tentative des politiques d’austérité de masquer l’absence d’un soutien véritablement centré sur la personne pour obtenir un emploi rémunéré sur le marché du travail régulier. Ainsi, le système juridique crée une vulnérabilité inutile, c’est-à-dire pathogène, pour les personnes handicapées. (shrink)

Children are individuals, and they are owed rights as individuals. Here, I offer a defence of the child's right to bodily integrity against genital cutting and modification practices. The liberal commitment to the right to bodily integrity works with the harm principle as a liberty limiting commitment within a system that respects people's embodied moral personhood and their decisions about their lives and bodies. Like adults within a political system committed to the equal protection of individual rights, children must have (...) equal rights that transcend the differences between them. But, they are different to adults in important ways, both philosophically and empirically. I offer an account of the child's right to bodily integrity that recognises them as particular embodied individuals, and prioritises their welfare interest in having their bodily integrity respected. (shrink)