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)

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)

In this paper, I attempt to bring together two topics that are rarely put into conversation in the philosophical bioethics literature: lesbian, gay, bisexual, and queer family equality on one hand, and, on the other, the morality of such alternative reproductive practices as artificial insemination by donor, egg donation, and surrogacy.2 In contrast to most of the philosophical bioethics literature on ARP, which has little to say about queer families, I will suggest that the ethics of ARP and the respect (...) for and protection of queer families are, in fact, intimately related topics.The connection can be clearly seen by considering the shape of the LGBQ rights.. (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)

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.

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)

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 (...) together by mutual trustful commitments. Even though a trust-based approach does not provide an ultimate answer to whether surrogacy should be sanctioned or prohibited, it allows for at least some practical suggestions. In particular, I will argue that, under certain conditions, surrogacy is tenable within familial or other significant relationships, and I will stress the necessity of acknowledging the new relationships and moral commitments that result from this practice. (shrink)

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)

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)

This review essay considers three prominent recent works in the philosophy of race: Mills's The Racial Contract, Outlaw's On Race and Philosophy, and McGary's Race and Social Justice. Each of these books has played an important role in convincing social and political philosophers to take race more seriously as a category for theoretical analysis rather than simply as a subject related to certain applied moral and political problems such as affirmative action. Each of these works also wrestles with the question (...) of whether the dominant theoretical traditions in modern Western political philosophy, and particularly liberalism, are capable of addressing the wide range of forms of social injustice that are linked to racism. The author indicates a number of differences between the books' approaches and argues that the conclusions at which they arrive are subject to different shortcomings. The author also shows that all three books raise sharp challenges to the liberal tradition at the same time that they remain ambivalent about the risks of departing altogether from that tradition. Key Words: justice • liberalism • modernity • race. (shrink)

This paper responds to arguments that polyamorous groups or care networks do not qualify for equal treatment with marriages. It refutes the points that polyamory is inherently hierarchical or unstable, that there are too few people in such arrangements to mount an argument for recognition, that polyamory harms children, and that there are insurmountable legal and practical hurdles to network marriage. Finally, it respond to the charge that extending recognition to polyamorists will devalue the recognition of same-sex marriage.

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 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.

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

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)

Diana Tietjens Meyers and Margaret Urban Walker argue that women's autonomy is impaired by mainstream representations that offer us impovenshed resources to tell our own stories. Mainstream picture books apprentice young readers in norms of representation. Two popufor picture books about child storyteüers present competing views of a child's authority to tell his or her own story. Hence, they offer rival models of the development of autonomy: neoAiberal versus relational. Feminist critics should attend to such implicit models and the hidden (...) assumptions they represent in children's books. (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)

When the terms ?women? and ?violence? are used, it is usually in the context of women as victims and rarely as perpetrators of violence, and yet women do behave aggressively ? for instance, as female suicide bombers. An ethical analysis of this role, however, has tended to be somewhat overlooked, partly because of the gender stereotypes at play, with little (or spurious) focus on the agency and autonomy of the women. This has resulted in an incomplete understanding of the unique (...) ways in which societies treat female political aggressions, and the consequences of this for their agency. This paper seeks to redress these issues by evaluating two different societal portrayals of female suicide bombers; that of the ?scandalous subwoman? and the ?sublime superwoman?. It argues that violent women's agency is often distorted to extremes beyond that of their male counterparts, and that it is imperative to avoid misrepresenting them either as agentless victims (?subwomen?) or wholly agentic (?superwomen?) since, even in times of political instability, they can rarely be dichotomised in this binary way. (shrink)

Classical philosophy adopts the standpoint of males in the Greek polis. The consequent adumbration of the standpoint of women and noncitizen men in the oikos, the household, has implications for feminist philosophy. Two systems of action are differentiated: the domestic economy protected by the goddess Hestia, and the political economy protected by Hermes. Shifting one's standpoint to include both the oikos and the polis offers an alternative to gender as the defining issue in feminist theory.

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.

Does rational bargaining yield a social contract that is efficient and so inclusive? A core allocation, that is, an allocation that gives each coalition at least as much as it can get on its own, is efficient. However, some coalitional games lack a core allocation, so rationality does not require one in those games. Does rationality therefore permit exclusion from the social contract? I replace realization of a core allocation with another type of equilibrium achievable in every coalitional game. Fully (...) rational agents coordinate the pursuit of incentives so that equilibria of this type are efficient. They adopt a social contract that is efficient and inclusive. (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)

: By clarifying the psychoanalytic notion of sexual difference (and contrasting it with a feminist analysis of gender as social reality), I argue that the symbolic dimension of psychical life cannot be discarded in developing political accounts of identity formation and the status of women in the public sphere. I discuss various bridges between social reality and symbolic structure, bridges such as body, language, law, and family. I conclude that feminist attention must be redirected to the unconscious since the political (...) cannot be localized in, or segregated to, the sphere of social reality; sexual difference is an indispensable concept for a feminist politics. (shrink)

: This paper reads Deleuze through a Spinozist lens to conceive of the human being as a dynamic and complex whole in constant interchange with its environment. The author thus moves beyond philosophical dualisms, and challenges the assumption that a hierarchical normative organization is the only possible world. Using the example of rape, she argues that micropolitical strategies might disrupt and "pass" the juridical order and open up alternative, more equitable, forms of sociability.

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...

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)

There is an urgent need for reconstructing models of property to make them more women-friendly. However, we need not start from scratch: both ‘canonical’ and feminist authors can sometimes provide concepts which we can refine and apply towards women’s propertylessness. This paper looks in particular at women’s alienation from their reproductive labour, building on Marx and Delphy. Developing an economic and political rather than a psychological reading of alienation, it then considers how the refined and revised concept can be applied (...) to concrete examples in global justice for women: in particular, the commercialisation of embryonic and fetal tissue in the new stem cell technologies. (shrink)

By clarifying the psychoanalytic notion of sexual difference, I argue that the symbolic dimension of psychical life cannot be discarded in developing political accounts of identity formation and the status of women in the public sphere. I discuss various bridges between social reality and symbolic structure, bridges such as body, language, law, and family. I conclude that feminist attention must be redirected to the unconscious since the political cannot be localized in, or segregated to, the sphere of social reality; sexual (...) difference is an indispensable concept for a feminist politics. (shrink)

: The essay theorizes the logic of masculinist protection as an apparently benign form of male domination. It then argues that authoritarian government is often justified through a logic of masculinist protection, and that this is the form of justification for the security regime that has emerged in the United States since September 11, 2001. I argue that those who live under a security regime live within an oppressive protection racket. The paper ends by cautioning feminists not ourselves to adopt (...) a stance of protector toward women in so-called less developed societies. (shrink)

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

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

: Unity, commonality, and agreement are generally understood to be the basis, or the aim, of community. This paper argues instead that disagreement and fracture are inherent to, and provide the expression of difference within, community. Drawing on the experience of race relations in Australia, this paper proposes that ongoing resis-tance and disagreement by Aboriginal groups against non-Aboriginal law and culture has enabled an unworking of homogenizing and totalizing forces which destroy alterity within community.

Unity, commonality, and agreement are generally understood to be the basis, or the aim, of community. This paper argues instead that disagreement and fracture are inherent to, and provide the expression of difference within, community. Drawing on the experience of race relations in Australia, this paper proposes that ongoing resistance and disagreement by Aboriginal groups against non-Aboriginal law and culture has enabled an unworking of homogenizing and totalizing forces which destroy alterity within community.

The “Home” is ideologically understood as a place of safety and refuge. Such an account cloaks violence against women. The voices of battered women can disrupt that dominant construction of the space of the home, a construction typified by the work of Gaston Bachelard. The space that Bachelard presupposes and theorizes as given is in fact being-produced, cleaned, and organized by people who themselves may not find in it any solace or respite.

: The "Home" is ideologically understood as a place of safety and refuge. Such an account cloaks violence against women. The voices of battered women can disrupt that dominant construction of the space of the home, a construction typified by the work of Gaston Bachelard. The space that Bachelard presupposes and theorizes as given is in fact being-produced, cleaned, and organized by people who themselves may not find in it any solace or respite.

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)

: This essay examines the reconfiguration of the racial and sexual contracts underpinning democratic theory and practice in the transition to independence in India. Drawing upon the work of Carole Pateman and Charles Mills, Keating argues that the racialized fraternal democratic order that they describe was importantly challenged by nationalist and feminist struggles against colonialism in India, but was reshaped into what she calls a postcolonial sexual contract by the framers of the Indian Constitution.

This essay examines the reconfiguration of the racial and sexual contracts underpinning democratic theory and practice in the transition to independence in India. Drawing upon the work of Carole Pateman and Charles Mills, Keating argues that the racialized fraternal democratic order that they describe was importantly challenged by nationalist and feminist struggles against colonialism in India, but was reshaped into what she calls a postcolonial sexual contract by the framers of the Indian Constitution.

This essay examines the reconfiguration of the racial and sexual contracts underpinning democratic theory and practice in the transition to independence in India. Drawing upon the work of Carole Pateman and Charles Mills, Keating argues that the racialized fraternal democratic order that they describe was importantly challenged by nationalist and feminist struggles against colonialism in India, but was reshaped into what she calls a postcolonial sexual contract by the framers of the Indian Constitution.

: The history of modern feminist political theories is often framed in terms of the already existing theories of a number of radical nineteenth-century men philosophers such as James Mill, John Stuart Mill, Charles Fourier, Karl Marx, and Friedrich Engels. My argument takes issue with this way of framing feminist political theory by demonstrating that it rests on a derivation that remains squarely within the logic of malestream political theory. Each of these philosophers made use of a particular discursive trope (...) that linked the idea of women's emancipation with the idea of social progress. I argue that this trope reproduced the masculinist signification and symbolism inherent in their particular political philosophies. I argue for a more positive, less masculinist, account of the history of feminist political thought. (shrink)

The history of modern feminist political theories is often framed in terms of the already existing theories of a number of radical nineteenth-century men philosophers such as James Mill, John Stuart Mill, Charles Fourier, Karl Marx, and Friedrich Engels. My argument takes issue with this way of framing feminist political theory by demonstrating that it rests on a derivation that remains squarely within the logic of malestream political theory. Each of these philosophers made use of a particular discursive trope that (...) linked the idea of women's emancipation with the idea of social progress. I argue that this trope reproduced the masculinist signification and symbolism inherent in their particular political philosophies. I argue for a more positive, less masculinist, account of the history of feminist political thought. (shrink)