Los argumentos neurocientíficos focalizados en demostrar diferencias sexuales en el cerebro gozan de una gran popularidad. Algunas de las conclusiones de dichos experimentos han derivado en propuestas neuroeducativas que promueven la educación segregada por sexos. Estas propuestas carecen del rigor necesario para poder ser aplicadas. No sólo porque los estudios neurocientíficos están lejos de poder aseverar diferencias sexuales significativas en el cerebro, sino porque falta un diálogo crítico entre las ciencias que fundamente estrategias educativas adecuadas en el ámbito de las (...) diferencias sexuales del cerebro. Concluimos que es necesario establecer un diálogo entre los diferentes ámbitos que conforman la neuroeducación, porque solamente de este modo se pueden fundamentar modelos educativos democráticos donde la igualdad de género sea un valor irrenunciable. (shrink)

This article explores objections made against ideal theorizing in political philosophy by two prominent contemporary critical theorists: Axel Honneth and Charles Mills. In Freedom’s Right, Honneth...

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)

This article charts a genealogy of marital rape law reform in South Australia in the 1970s, arguing that the new laws were based on constructing the marital rapist as a certain kind of man. South Australia is a significant case study, as it was one of the first Western jurisdictions to attempt to criminalise marital rape. Despite South Australia’s generally progressive politics, the legislation was highly contested, and resulted, in the end, only in a partial criminalization. To overcome the strident (...) opposition to rape law reform, we show that supporters explicitly developed a discourse focusing on concepts of sexual normativity and deviance. The marital rapist, it was argued, had deviated from patriarchal standards of masculine decency: this, not the rape itself, was crucial to determining whether his conduct was unlawful. (shrink)

This paper advances a framework to conceptualize societal care-giving arrangements abstractly. It is abstract in that it brackets the meaning of our particular relationships. This framework, which I call “the arrow of care map”, is a descriptive tracking model that is a necessary component of a theory of justice, but it is not a normative prescription in itself. The basic idea of the map is then multiply specifiable to track various ascriptive identity categories as well as different categories of care (...) labor. In this way, the idea of the arrow of care map serves as a conceptual frame within which to begin to understand every human society’s care-giving arrangement. I characterize it as a component of “ideal theory” insofar as it seeks to clarify our values, without the immediate aim of formulating principles to govern a just society. The resultant partial theory of justice is one that responds to non-ideal theory’s critiques of the ideological nature of liberal contractarianism’s idealizations and abstractions while moving towards new visions of a just society. (shrink)

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

In this article I explore one core feature of contemporary campaigns for justice for Ireland’s Magdalen women concerning their deaths and disappearances, which continue to be denied by a State that has only recently started to acknowledge civilian deaths in other contexts such as armed conflict. I examine the treatment of the disappeared and deceased Magdalen women in the economic and political context of the Irish use of religious institutions and consider the significance of this regime for women’s citizenship in (...) the postcolonial nation-building processes of the twentieth century. I aim to illustrate the connections between gender, violence and citizenship that are implicated in outcomes for justice for Magdalen survivors and victims, as well as conceptions of Irish women’s citizenship in general. In this discussion I consider the Magdalen campaigns for justice as significant for the individual women and families involved, as well as the entire nation’s conception of self as represented in history. (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)

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

This essay critically explores contemporary Euro-American feminist debate on prostitution. It argues that to develop analyses relevant to the experience of more than just a small minority of “First World” women, those who are concerned with prostitution as a form of work need to look beyond liberal discourse on property and contractual consent for ways of conceptualizing the rights and wrongs of “sex work.”.

This paper may be read as a reclamation project. It argues, with Simone de Beauvoir, that patriarchal marriage is both a perversion of the meaning of the couple and an institution in transition. Parting from those who have given up on marriage, I identify marriage as existing at the intersection of the ethical and the political and argue that whether or not one chooses marriage, feminists ought not abandon marriage as an institution.

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.

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.

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.

In the current paper, our aim is to explore the latent power dynamics surrounding corporate social responsibility in developing countries. To do this, we synthesize an analytic framework that borrows from both cross-cultural management literature as well as feminist considerations of power. We then use the framework to examine three streams of CSR literature. Our analysis uncovers the prevalence of arguments and discussions about indigenous and power-over themes rather than more generative, endogenous, and power-to themes. The paper concludes with the (...) suggestion for more space in the CSR literature for examining the realities and potentialities of local SME CSR expressions to counterbalance the overwhelming focus on MNCs. Such counterbalancing can better lead to the recognition that power and domination are not the only important dynamics to examine in CSR research. Just as important is the need for a more nuanced consideration of the role and contributions of different actors to the continuously unfolding CSR discourse. (shrink)

Many disabled people face some form of exclusion or discrimination. One of the most damaging, yet pervasive, types of exclusion is sexual exclusion. Various factors hinder sexual opportunities for disabled persons, such as social attitudes around body image, gender, and sexuality. In this paper, I engage with Sheila Jeffreys's paper, “ Disability and the Male Sex Right,” wherein she argues that discourse around sexual rights for disabled people is a veiled way of promoting male dominance over women. Though Jeffreys raises (...) many pertinent issues, she assumes that when a disabled man seeks commercial sex, he does so as an act of domination or violence. I argue that when a disabled man seeks commercial sex, he is seeking the goods of sex, such as connection, intimacy, and pleasure. (shrink)

Opposition to `ownership' of cells and tissues often depends on arguments about the special or sacred nature of human bodies and other living things. Such arguments are not very helpful in dealing with the patenting of DNA fragments. Two arguments undergird support for patenting: the notion that an author has a `right' to an invention resulting from his/her labor, and the utilitarian argument that patents are needed to support medical inventiveness. The labor theory of ownership rights is subject to critique, (...) though it may still have enduring value. The more important argument is that deriving from the common good. If patents on DNA are supported on the basis of their contributions to the common good, then they can also be limited based on considerations of the common good. (shrink)

Argues that love plays an essential—if often implicit—role in Hegel's mature theory of moral subjectivity and political community.

A recent case in the Northern Territory of Australia has raised the issues of intra-racial rape and the legal recognition of traditional marriages between Indigenous people. The defendant in the Jamilmira case was charged with statutory rape of a 15-year-old girl. He argued that the girl’s status as his promised wife should lead to mitigation of his sentence. Members of the Northern Territory judiciary and others in the community were divided in their response to his claim. Ultimately the case led (...) to reform of the law in relation to the recognition of traditional marriage, a response which outraged some members of the Indigenous community. In this article I examine the various representations of culture and individuals that were utilised by ‘the law’ and how these representations informed the legal response. In the process I question the limits of my own role as a ‘white middle-class feminist’ in the context of explorations of law and culture. Is there a space to become involved in these debates without being complicit in fostering racism and prejudice and without reverting to stereotypes and cultural arrogance? (shrink)

This article aims to contribute to the question of how to conceptualise the relationship between theory and practice in feminist scholarship in law. It looks in detail at the implications of different issues raised in a recent debate between Anne Bottomley and Ngaire Naffine on the existence of a “legal feminist orthodoxy”. I critique the dominance of ethics over politics and join Bottomley in her attack upon “the ethics of respect for the other”, albeit from a different position. I then (...) look at the ways in which the problem of “essentialism” is being rethought from a feminist perspective. (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)

Feminists often look to postmodern philosophy for a framework within which to treat difference. We might more productively look to a hermeneutic philosophy that emphasizes the interpretive dimensions of difference and allows us to acknowledge the partiality of our understanding. Hence, we might also recognize the importance of a hermeneutic conversation unconstrained by relations of power or ideology in which all nonexclusionary interpretive voices can be educated by one another.

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.

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.

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)

Exposing food violences – hunger,malnutrition, and poisoning from environmentalmismanagement – requires policy action thatconfronts the structured invisibility of theseviolences. Along with the hidden deprivation offood is the physical and political isolation ofcritical knowledge on food violences and needs,and for policy strategies to address them. Iargue that efforts dedicated on behalf of ahuman right to food can benefit from thetheoretical analysis and activist work of theinternational Women's Rights are Human Rights(WRHR) movement. WRHR focuses on women andgirls; the food rights movement operates (...) onbehalf of all people, with an emphasis on thepoor. Both attend to the protection of bodilyintegrity against physical and psychicviolences. Both cope with bodily violences thatare socially privatized and spatiallysegregated from public institutions of relief,that is, they are tacitly omitted from publicdiscourse and purview. Most typically, but notexclusively, these violences unfold in privatehousehold space. Both rights movements mustmobilize political rights to demand economicand social rights and security. I introduce theUnited Nations' early Declaration (1948) andCovenant (1966) language on the human right tofood and review problems of household accessand grassroots engagement that are ``writteninto'' this early documentation. An abbreviatedoverview of the WRHR movement describes how thepublic/private and economic/political rightsdichotomies have been critiqued andre-formulated. A case study set in Polandacross the transition from (more) communist to(more) capitalist political economies attemptsto illuminate the discussion through agrounded example. (shrink)

: 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)

: Events surrounding the September 11 terrorist attacks on the United States raise compelling moral questions about the effects of war and globalization on children in many parts of the world. This paper adopts Sartre's notion of freedom, particularly its connection with materiality and intersubjectivity, to assess the moral responsibility that we have as a global community toward our most vulnerable members. We conclude by examining important first steps that should be taken to address the plight of children.

: 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.

: This essay critically explores contemporary Euro-American feminist debate on prostitution. It argues that to develop analyses relevant to the experience of more than just a small minority of "First World" women, those who are concerned with prostitution as a form of work need to look beyond liberal discourse on property and contractual consent for ways of conceptualizing the rights and wrongs of "sex work.".

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)

Traditionally inscribed at the margins of moral and political theory, it is time, after centuries of ongoing debates originated and grounded in Modernity’s values, to reflect on the status of Feminist Theory. Defined basically as critical theory —apostille of the mainstream theory—, feminist thought can be defined as theory tout court, in so far as the egalitarian discourses are central parts of moral and political thought and feminism is philosophical. This paper addresses the ambivalent relation between feminist theory and moral-political (...) theory with a critical view that upholds an integral vision that incorporates the dimension of care into the male-stream, and takes into account gender differences as well as the division between the public and private spheres. (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)

The concept of civil society has once again emerged as a viable mechanism for developing and sustaining deliberative democracy. However, an essential component of many strategies to sustain civil society appears lacking, especially when we see the growing cynicism and apathy among citizens. What is missing is a strategy for training or encouraging citizens to participate more fully in civil society. The skills of advocacy can, at least in part, help renew civic activism. Thus, the role of advocacy will be (...) explored as a potential way to resuscitate civil society. (shrink)

This brief article introduces a special issue of Feminist Legal Studies addressing gender, sexuality and human rights, and comprising papers drawn from an E.S.R.C.-funded workshop held at the University of Kent in June 2004 on the theme of “Gender-Auditing the Human Rights Act”. The article begins by situating the themes of the special issue within the broader context of feminist engagement with rights discourse. It goes on to consider the introduction of the Human Rights Act 1998 into the U.K. with (...) a view to assessing its implications in terms of engendering a positive legal and political culture for equality-seeking initiatives. The article concludes with a survey of the contributions to the special issue, highlighting the possibilities for feminist theory and strategy posed by a wider intersectional engagement with rights issues. (shrink)

(1999). Difference as an occasion for rights: A feminist rethinking of rights, liberalism, and difference. Critical Review of International Social and Political Philosophy: Vol. 2, Feminism, Identity and Difference, pp. 27-55.

This article examines a peculiarity dating from Classical times, namely, that democracy may be achieved, in practice, independently of and prior to its articulation as theory. This peculiarity has implications for the way in which the history of democratic theory is understood, and also for the place of the democratic theorist in society. Paul Feyerabend, Richard Rorty, Chantal Mouffe and John Keane are theorists of democracy, but they all depart, first, from the commitment to the universal truth‐claims that underpin other (...) schools of democratic thought, and, second, from the concomitant belief in the priority of theory over practice. In doing so, they make it difficult to theorise how democracy might be brought about, except, circularly, where it already exists. On the one side, Feyerabend, Rorty and, to a lesser extent, Keane, assume that ‘democracy’ already exists, so that its realisation requires no theory. On the other, Mouffe argues that ‘democracy’ does not yet exist in practice, but her attempts to theorise its realisation are not convincing. (shrink)

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.

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)