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

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.

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 the ‘double-standard’ applied to male and female tourists’ sexual behaviour reflects and reproduces weaknesses in existing theoretical and commonsense understandings of gendered power, sexual exploitation, prostitution and sex tourism. It looks at how essentialist constructions of gender and heterosexuality blur understandings of sexual exploitation and victimhood and argues that racialized power should also be considered to explore the boundaries between commercial and non-commercial sex. This paper is based on ethnographic research on sexual–economic exchanges between tourist women (...) and local men and boys in the informal tourist economy in Jamaica and the Dominican Republic. (shrink)

Feminist debates on sex trafficking have become entrenched and polarised, with abolitionists producing images of helpless abused victims, while sex worker advocates work hard to achieve some recognition of the agency of migrant sex workers. This article explores constructions of embodiment, subjectivity and agency in the debate, showing how abolitionist views, in spite of their efforts to challenge liberal pro-sex perspectives, rely on a familiar vision of the body as a singular, bounded and sovereign entity whose borders must be secured (...) against invasion. The result is a vision in which victimisation is taken to epistemically compromise the subjectivities of sex workers, forcing them and their advocates to argue for recognition of their agency according to familiar liberal models of consent in order to be able to enter the debate. Drawing on the recent work of Judith Butler on consent and vulnerability, this article argues that what is needed is a rethinking of bodily ontology so that the vulnerability of sex workers is not opposed to their agency, but rather seen as an inevitable aspect of embodied sociality, constituting a call to ethical engagement and a recognition of the inequitable global distributions of precarity that produce sex trafficking as part of contemporary geopolitics. From this perspective, the alignment between radical feminist efforts to secure women's bodily borders and global efforts to secure national borders no longer appears as coincidence. (shrink)

This article argues that a state-centered theory of global justice exhibits an epistemic problem of perspective, and that this worry exhibits a gendered character. Within a liberal domestic theory of justice, the public/private distinction has been repeatedly shown to be bad for women because it creates a domain for injustice that becomes invisible to public policy and the law. This article argues that state-centered theories of global justice create an analogous space that is cut off from questions of global justice. (...) The article therefore suggests that this way of framing questions of global justice is problematic, and is problematic for women in particular. Just as the public/private distinction in liberal domestic justice leaves cases of injustice outside the vision of the law, the hard distinction between the domestic sphere and the international realm of justice leaves cases of injustice invisible to international law. For the question of global justice, the privileging of sovereignty and non-intervention compromises the ability of the theory to achieve its purported goal of universal justice. (shrink)

Three metaphors appear to guide contemporary thinking about organ transplantation. Although the gift is the sanctioned metaphor for donating organs, the underlying perspective from the side of the state, authorities and the medical establishment often seems to be that the body shall rather be understood as a resource . The acute scarcity of organs, which generates a desperate demand in relation to a group of potential suppliers who are desperate to an equal extent, leads easily to the gift’s becoming, in (...) reality, not only a resource, but also a commodity . In this paper, the claim is made that a successful explication of the gift metaphor in the case of organ transplantation and a complementary defence of the ethical primacy of the giving of organs need to be grounded in a philosophical anthropology which considers the implications of embodiment in a different and more substantial way than is generally the case in contemporary bioethics. I show that Heidegger’s phenomenology offers such an alternative, with the help of which we can understand why body parts could and, indeed, under certain circumstances, should be given to others in need, but yet are neither resources nor properties to be sold. The phenomenological exploration in question is tied to fundamental questions about what kind of relationship we have to our own bodies, as well as about what kind of relationship we have to each other as human beings sharing the same being-in-the-world as embodied creatures. (shrink)

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.

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 (...) and Confucianism aim to reconstruct a society freed from antisocial passions entailing a vicious politics of resentment, and yet come to differing ethical and political resolutions. My key claim is that what makes Confucian self-cultivation so distinctive is the incorporation of ritual propriety ( li ) within it, whereas liberal self-transformation that relies heavily on a method of self-control comes back to the problem that it originally set out to overcome. (shrink)

This article argues that, contrary to conventional wisdom, Xunzi’s and Hobbes’s understandings of human nature are qualitatively different, which is responsible for the difference in their respective normative political theory of a civil polity. This article has two main theses: first, where Hobbes’s deepest concern was with human beings’ unsocial passions, Xunzi was most concerned with human beings’ appetitive desires ( yu 欲), material self-interest, and resulting social strife; second, as a result, where Hobbes strove to transform the pathological (anti-)politics (...) of resentment into the politics of recognition by creating rational egalitarian citizenship under the all-encompassing constitutional sovereign power, Xunzi attempted to nourish human beings’ basic appetitive desires ( yu 欲) by instituting a li 禮 ordered civil entity. This article concludes by showing how Confucian civility that Xunzi reconstructed by means of the li 禮 can effectively deal with unsocial passions. (shrink)

The classical social contract tradition of the seventeenth and eighteenth centuries has come under significant scrutiny from those interested in the place of women in the philosophical canon, and Thomas Hobbes has been indicted along with John Locke, Immanuel Kant, and Jean‐Jacques Rousseau. These philosophers have been accused of holding misogynistic beliefs and, more damningly, founding their theories on sexist and patriarchal assumptions. This paper explores the extent to which Hobbes deserves his place on the list of the condemned.

This article proposes the comparison of two methods of analysis, semiotics, and hermeneutics, to address contemporary issues in ethical and political philosophy, through the study of the phenomenon of epistemic injustice. Conceptualized by Fricker (2007), epistemic injustice is synonymous with the denial of the value of knowledge that an individual possesses because of prejudices about the social group to which he or she belongs or is affiliated. When epistemic injustice is studied in the empirical world, it poses some crucial issues (...) in terms of interpreting the meaning that the individual gives to the experience of injustice that he or she experiences. Although the interpretation of injustice is central to the understanding of the phenomenon itself, little research in ethical and political philosophy addresses these aspects, because of the failure to sufficiently mobilize analytical methods such as semiotics and hermeneutics. However, these two methods, usually used in other fields to deal with these aspects, allow us to question the treatment and the interpretative scope of the epistemic injustice by the different interlocutors involved in the interaction in which it is reconducted. The comparison of these two methods in the analysis of epistemic injustice finally allows us to argue in favor of the hermeneutic method, as defined by Gadamer and rethought by Code (2003), to enhance Gadamer's legacy through the analysis of ethical and political issues in human sciences research. (shrink)

This paper considers the ways in which discourses of abortion and discourses of national identity were constructed and reproduced through the events of the X case in the Republic of Ireland in 1992. This case involved a state injunction against a 14-year-old rape victim and her parents, to prevent them from obtaining an abortion in Britain. By examining the controversy the case gave rise to in the national press, I will argue that the terms of abortion politics in Ireland shifted (...) from arguments based on rights to arguments centred on national identity, through the questions the X case raised about women's citizenship status, and women's position in relation to the nation and the state. Discourses of national identity and discourses of abortion shifted away from entrenched traditional positions, towards more liberal articulations. (shrink)

This paper concentrates on three connected features of Taylor's argument. I begin by considering his historical sections on the formation of the modern identity, raising some doubts about the focus of his discussion and offering some specific criticisms in the case of Locke and Rousseau. Next I examine Taylor's list of the moral imperatives allegedly felt with particular force in the contemporary world. I question the extent to which the values listed by Taylor are genuinely shared, and point to a (...) range of criticisms put forward by conservatives, Marxists, feminists, and other opponents of liberalism, all of whose doubts Taylor appears to underestimate. Finally, I address Taylor's underlying claim that a religious dimension is indispensable if our highest human potentialities are to be realized, and conclude with a critique of his theistic arguments. (shrink)

In this article, I examine the seemingly incompatible epistemologies of sex offered by dominance (‘governance’) feminism and queer theory. While these bodies of work, especially when applied to US legal and political activity on prostitution, are commonly viewed as divergent sparring partners, I propose a ‘convergence’ of the two in the form of a revived and enhanced sex-positive feminism. If dominance feminism is the ‘theory of no’ to heterosexuality’s male gender power, and if queer theory is the ‘theory of yes’ (...) to the defiant possibilities of sex, sex-positive feminism is a ‘theory of maybe’: it examines practices of gender and sexuality in multiple contexts to find the ways in which heterosexuality can sometimes reify, and other times resist, the transfer of eroticised dominance and submission to political practices of patriarchy. After tracing the split between feminism and queer theory and arguing for a ‘sex-positive queer feminism’, I use the example of prostitution to consider some theoretical and practical implications of this shift in feminist lenses. (shrink)

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 (...) identify four arguments for the epistemic privilege of oppressed groups that could be attributed to Lukács. I argue that, although Lukács does not consistently endorse any specific argument, the most promising interpretation suggests that epistemic privilege arises from a contradiction between the norms that guide the self-understanding of such groups and the effects of the social practices they are socially obligated to engage in. (shrink)

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

Inaugural lecture as Professor of Women's Studies in the Social Science Faculty at the University of Utrecht.

: 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.

This article addresses the tension between conceptualizations of the objective body, which are central to biomedicine, and conceptualizations of the expressive body. Within a metaphysics which can be an adequate grounding for the practice of alternative medicine, I argue, the natural body must be fully conceptualized as both object and as expressive. I draw on phenomenology and on actor-network theory to outline a new model of `biosocial nature' which is inherently figurative and which is constructed by a network of human (...) and non-human actors. I then look at two remedies within the homeopathic materia medica, arguing that their capacity to treat ill health by acting as nodes with a network of `imagined connections' is more explicable within a biosocial than within a modernist metaphysics. (shrink)

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 (...) central insight regarding a community’s involvement in the development of freedom is nevertheless echoed in Beauvoir’s description of the festival in the Ethics of Ambiguity. I explore some of the implications of reading Beauvoir’s account of freedom and the festival as influenced by Rousseau and suggest how doing so impacts our understanding of Beauvoirian politics. (shrink)

Lisa Tessman’s Moral Failure: On the Impossible Demands of Morality raises important questions about ideal theory, oppression, and the role of action guidance in normative philosophy. After a brief overview of feminist and anti-racist philosophers’ critiques of ideal theory, I examine Tessman’s claim that nonideal oppression theorists focus too narrowly on action guidance and thereby obscure other important normative issues, such as the problem of moral failure. Although I agree with Tessman’s advocacy of a wider focus—and with her suggestion that (...) situations of inevitable moral failure are particularly important to examine in contexts of oppression—I question whether nonideal oppression theorists actually emphasize action guidance to the exclusion of other concerns. I conclude with a brief examination of the way that ideal and nonideal theory have been defined and understood in debates about normative methodology, and I suggest that a move away from Rawls’s account of the ideal/nonideal distinction would benefit feminists and other oppression theorists. (shrink)

The neo-liberal upsurge of the last twenty years and the neo-liberal case against the welfare state has gained much of its emotional force from a sub-text which is highly gendered. Whereas social liberalism had contained the promise of more autonomy within the private sphere and more caring values in the public sphere, neo-liberalism depicts the results of social liberalism as a loss of self reliance – through ‘over-protection’ by the state in the public sphere and usurpation of male roles in (...) the private sphere. The identification of the welfare state as female (the ‘nanny state’) helps fuel resentment on the part of those already confused by rapidly changing gender roles. This paper tracks the sex change which took place in the image of the liberal state as it evolved out of the night watchman state – the link between the women's suffrage movement and social regulation, maternal principles of distribution and demands for the public organization of caring. It examines the neo-liberal rejection of the breast and neo-liberal claims that the maternal state is incompatible with ‘self-reliance’ and a barrier to competitiveness in the world market. (shrink)

Inequalities, ineffective governance, unclear surrogacy regulations and unethical practices make India an ideal environment for global injustice in the process of commercial surrogacy. This article aims to apply the ‘capabilities approach’ to find possibilities of global justice through human fellowship in the context of commercial surrogacy. I draw primarily on my research findings supplemented by other relevant empirical research and documentary films on surrogacy. The paper reveals inequalities and inadequate basic entitlements among surrogate mothers as a consequence of which they (...) are engaged in unjust contracts. Their limited entitlements also limit their opportunities to engage in enriching goals. It is the role of the state to provide all its citizens with basic entitlements and protect their basic human rights. Individuals in India evading their basic duty also contribute to the existing inequalities. Individual responsibilities of the medical practitioners and the intended parents are in question here as they are more inclined towards self-interest rather than commitment towards human fellowship. At the global level, the injustice in transnational commercial surrogacy practices in developing countries calls for an international declaration of women and child rights in third party reproduction with a normative vision of mutual fellowship and human dignity. (shrink)

The socio-ethical concerns regarding exploitation in commercial surrogacy are premised on asymmetric vulnerability and the commercialization of women’s reproductive capacity to suit individualistic motives. In examining the exploitation argument, this article reviews the social contract theory that describes an individual as an ‘economic man’ with moral and/or political motivations to satisfy individual desires. This study considers the critique by feminists, who argue that patriarchal and medical control prevails in the surrogacy contracts. It also explores the exploitative dynamics amongst actors in (...) the light of Baier’s conceptualization of trust and human relationship, within which both justice and exploitation thrive, and Foucault’s concept of bio-power. Drawing on these concepts, this paper aims to investigate the manifestations of exploitation in commercial surrogacy in the context of trust, power and experiences of actors, using a case study of one clinic in India. The actors’ experiences are evaluated at different stages of the surrogacy process: recruitment, medical procedures, living in the surrogate home, bonding with the child and amongst actors, financial dealings, relinquishment and post-relinquishment. (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)

Drawing on 63 interviews with a diverse sample of tradeswomen, this article examines how the cultural meanings of sexual orientation—as well as gender presentation, race, and body size—shapes the constraints that women face in the construction industry and the specific resistance strategies they develop. We argue that women’s presence in these male-dominated jobs threatens notions of the work as inherently masculine and a gender order that presumes the sexual subordination of women. Tradesmen neutralize the first threat by labeling tradeswomen as (...) lesbians—and therefore not “real” women—and respond to the second by sexualizing straight and lesbian tradeswomen alike. In turn, tradeswomen develop individual resistance strategies, which are shaped by the intersections of their sexual identity, gender presentation, race, and body size. Finally, we show how tradesmen deploy homophobia to stymie collective action and solidarity by tradeswomen, gay or straight. (shrink)

This essay examines why the recent recognition of human rights violations against women, as exemplified by Amnesty International's 1995 report on women, remains bound to the limitations of traditional approaches to human rights. The essay argues that despite Amnesty International's commitment to incorporating violations against women into its activities, it nevertheless upholds questionable assumptions about the gendered subject, gender relations within the family, and the relationship between the family and the state.

The article focuses on the complex positioning of people from disempowered backgrounds with respect to liberalism and liberal dividends. The author offers the term liberal bargain, paraphrasing Deniz Kandiyoti’s “patriarchal bargain” and Cynthia Cockburn’s “ethnic bargain,” and dwells on the interconnections between the three. The liberal bargain indicates the particular consciousness and symbolic whitening that “colorized” people tend to adopt when they attempt to cash in on the liberal promise. Within the discourse of postcolonial feminism, the concept is intended to (...) promote the discussion of power differentials among women, through refining the analytically dissatisfactory color metaphors habitually used to address issues of hegemony and ethnocentrism. (shrink)

Feminist scholars have long debated on a key contradiction in the political theory of Thomas Hobbes: While he sees women as free and equal to men in the state of nature, he postulates their subjection to male rule in the civil state without any apparent explanation. Focusing on Hobbes’s construction of the mother–child relationship, this article suggests that the subjugation of the mother to the father epitomizes the neutralization of the ancient principle of ‘governance’, which he replaces with a novel (...) concept of ‘power’ as formally authorized command. This scrutiny leads to three main conclusions: a radicalization of Pateman’s concept of ‘sexual contract'; the acknowledgement that patriarchy is inseparable from the logic of political authority constructed by Hobbes; and the claim that criticism of patriarchal rule requires an overall problematization of the mainstream conception of political participation we have inherited from modern political science. (shrink)

Developments in the provision of care and support services for disabled and older people across developed welfare states have led to the expansion of personalisation (sometimes called cash-for-care, direct payments, care payments, etc.) schemes, whereby cash is paid in substitute for care services and support. Although these schemes vary considerably in their scope and operation (sometimes paying carers directly, sometimes enabling disabled and older people to act as direct employers, sometimes mixing paid and unpaid care), they share the characteristics of (...) commodifying care and support services and will have a potentially profound impact on the relationship between individuals, families, communities and the welfare state. Although the schemes have been evaluated within their own national contexts, little work has been done so far to explore the theoretical implications of their development and extension, particularly from an ethics of care perspective. This paper intends to fill that theoretical gap by drawing on comparative evidence from several schemes across different national contexts to develop an analysis which draws on feminist theory and an ethics of care approach to examine (a) the gendered policy outcomes and impact of such schemes; (b) a feminist analysis of the governance implications of personalisation; (c) the implications for the gendered division of work, particularly between paid and unpaid care work and between different groups of paid and unpaid carers; (d) an ethics of care analysis of the impact of personalisation over the lifecourse of disabled and older people, and carers; and (e) a discussion of the relationship between commodification, empowerment, citizenship and choice drawing on the work of care ethicists. It will draw conclusions about the outcomes of a range of types of personalisation schemes and thus have implications for theory, policy and practice. (shrink)

This article examines the precepts of natural law feminism, and in exploring the writings of two Canadian feminists, Maureen McTeer and Louise Vandelac, examines how natural law feminism is deployed in debates about how to theorize reproduction. I contend that the natural law perspective obscures many issues worthy of feminist inquiry, and, perhaps more critically, eschews a discourse that emphasizes reproductive freedom in favour of one which has at its centre a largely unproblematized view of reproduction that follows a biologically (...) driven script of conception, gestation, childbirth and mothering as inherently and necessarily connected. I argue that this stance is particularly evident in natural law feminist analyses of ecology and the regulation of new reproductive and genetic technologies. In both these areas, natural law feminism poses the central problem as one in which feminists must zealously protect the natural association between women and reproduction; in so doing, natural law feminists gloss over the nature of this association. I suggest a reframing of the focus of debates on reproduction from what is natural and what is socially constructed to how we demarcate the two. (shrink)

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 (...) (ii) the self-justification of power should be understood as an epistemic rather than moral flaw. Drawing on the recent realist revival in political theory, we argue that this genealogical approach has more radical potential, despite being more parsimonious than morality-based approaches. We demonstrate the relative advantages of our view by discussing the results of empirical studies on the contemporary phenomenon of neopatriarchy in the Middle East and North Africa. (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)

Rather than as a giving of permission to someone to transgress one’s bodily boundaries, I argue for defining sexual consent as feeling-with one’s sexual partner. Dominant approaches to consent within feminist philosophy have failed to capture the intercorporeal character of erotic consciousness by treating it as a form of giving permission, as is evident in the debate between attitudinal and performative theories of consent. Building on the phenomenology of Maurice Merleau-Ponty, Ann Cahill, Linda Martín Alcoff, and others, I argue that (...) taking consent to be an intercorporeal and dynamic coexistence of desiring bodies opens up new ways of thinking about the role of consent in sexual ethics. I suggest that phenomenology’s theories of embodied consciousness, operative intentionality, and the direct perception of others provide a better groundwork for conceptualizing the role of ambiguity and subtle power dynamics in sexual encounters than attitudinal or performative accounts of consent. I also defend my view against Jonathan Jenkins Ichikawa’s argument for doing away with the concept of consent in sexual ethics due to consent's stubborn and infelicitous presupposition of permission-giving. (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)

This article reviews an epochal change in international thinking about physical punishment of children from being a reasonable method of chastisement to one that is harmful to children and troubling to families. In addition, the article suggests shifts in thinking about physical punishment were originally pioneered as part and parcel of the dismantling of national laws granting fathers’ specific rights to admonish children under conventions of patria potestas. A comparative historical framework of analysis involving two case studies of Ireland and (...) Ghana illustrates non-unilinear pathways of international convergence towards the prohibition of physical punishment. The comparative historical analysis highlights the 1930s and 1940s as an era when Ireland began to reject patria potestas and religious or judicial rulings which allowed for children to be given ‘a good beating’ in family and school settings. However, from the same period, Ghana is seen to experience Christian remonstrations not to ‘spare the rod’ leading to the ‘conventional’ tradition of ‘this is how we do it here’. Two case studies serve to illustrate that banning physical punishment was less controversial in Ireland where allied traditions of patria potestas and disciplinarian Christian beliefs had lost their moral hegemony than in Ghana where such beliefs still held influence. The article concludes overall that normative campaigns against physical punishment of children emanate from a coherent paradigm of family policy where childcare, education, and well-being of children are embedded as everyday societal responsibilities rather than privatised or patriarchal familial obligations. The coherent model offers an alternative moral hegemony to neo-liberal and Janus-faced conceptualisations of good or ‘intact’ families versus ‘broken’ or ‘troubled’ families. (shrink)

Feminist utopian novels reconstruct citizenship by interrogating ideological assumptions at the root of civil rights theory, particularly its reliance on the sexual contract and the family romance narrative. While many feminist citizenships still depend on such assumptions, utopian fictions deconstruct the logic of natural rights and replace traditional governments and nation-states with social structures based on community and global-ecological awareness. They thereby underscore the importance of narrative for feminist philosophy and political theory.

Asia is increasingly entering into the Australian imaginary as the nation grapples with the issue of ‘Australian identity’. This article examines two instances in which the idea of Asia has been taken up in debates about marriage and relations between men and women. Asia is a site of fantasy for men in an era when they feel that ‘traditional’ values of male pre-eminence in the family are being undermined. In this fantasy, ‘Asia’ is known through stereotypic representations, the stereotypes underlying (...) the nature of the response in the popular media. (shrink)

By focusing upon three figures: a trade unionist, who can no longer understand or reconcile himself with his past misogynist behaviour; Spinoza’s Spanish poet, who loses his memory and can no longer write poetry or even recognise his earlier work; and Spinoza’s lost friend, Burgh, who became a devout Catholic, I draw out Spinoza’s description of radical change in beliefs. I explore how, for Spinoza, radical changes that involve an increase in our powers of acting are conceived differently from those (...) changes that reduce our power. These transitions—which can be viewed as both personal and political—are not symmetrical because of the way in which they can be understood in relation to selfhood. To highlight the originality of Spinoza’s argument on personal change, I then compare it with that of his contemporary John Locke, who in Chapter 27 of the Essay Concerning Human Understanding famously theorises the maintenance of personal identity. I draw out one common aspect of the work of Étienne Balibar and of Janet Coleman to compare the ways in which Spinoza and Locke produce different answers to the same questions: how do we conceptualise our encounters with bodies and with ideas? How do these encounters affect our identity over time? In the final section, I switch from analysing personal (but also political) change to consider political change itself, by juxtaposing Warren Montag’s Spinozist analysis of the will, with Carole Pateman’s feminist critique of contract and consent. (shrink)

In this article I analyse two complaints of white vilification, which are increasingly occurring in Australia. I argue that, though the complainants (and white people generally) are not harmed by such racialized speech, the complainants in fact harm Australians of colour through these utterances. These complaints can both cause and constitute at least two forms of epistemic injustice (willful hermeneutical ignorance and comparative credibility excess). Further, I argue that the complaints are grounded in a dual misrecognition: the complainants misrecognize themselves (...) in their own privileged racial specificity, and they misrecognize others in their own marginal racial specificity. Such misrecognition preserves the cultural imperialism of Australia’s dominant social imaginary—a means of oppression that perpetuates epistemic insensitivity.Bringing this dual misrecognition to light best captures the indignity that is suffered by the victims of the aforementioned epistemic injustices. I argue that it is only when we truly recognize difference in its own terms, shifting the dominant social imaginary, that “mainstream Australians”can do their part in bringing about a just society. (shrink)

This article assesses Jean Hampton’s feminist contractarianism by considering the way in which she draws together the contradictory positions of Hobbes and Kant to produce a test for exploitation in personal relationships. The ways in which this work fits with her other analysis of retribution, gratitude and self-worth are examined. Hampton’s work is evaluated in the context of Carole Pateman’s argument that moral theories distract from the political analysis of who has a voice in relationships. Hampton’s work presumes the social (...) and economic structures that Pateman has done so much to understand. It is useful as a claim for justice in personal relationships, to be considered as part of consciousness-raising or public debate. (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)