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The Sexual Contract

Polity Press (1988)

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  1. Contemporary Feminist Perspectives on Social Contract Theory.Janice Richardson - 2007 - Ratio Juris 20 (3):402-423.
    This paper explores two feminist contributions to the analysis of the social contract tradition, comparing the political philosophy of Carole Pateman with the moral theory of Jean Hampton, to ask two questions. First, which points must feminists continue to argue in their critique of the social contract tradition today? The second question is: Can feminists actually draw anything from the social contract tradition today? It argues that Pateman's critique of contractarianism continues to be useful when read in the context of (...)
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  • Conditioning Principles: On Bioethics and The Problem of Ableism.Joel Michael Reynolds - 2021 - In Elizabeth Victor & Laura K. Guidry-Grimes (eds.), Applying Nonideal Theory to Bioethics: Living and Dying in a Nonideal World. New York: Springer. pp. 99-118.
    This paper has two goals. The first is to argue that the field of bioethics in general and the literature on ideal vs. nonideal theory in particular has underemphasized a primary problem for normative theorizing: the role of conditioning principles. I define these as principles that implicitly or explicitly ground, limit, or otherwise determine the construction and function of other principles, and, as a result, profoundly impact concept formation, perception, judgment, and action, et al. The second is to demonstrate that (...)
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  • La diferencia sexual en las neurociencias y la neuroeducación.Sonial Medina-Vicent Reverter-Bañón - 2018 - Critica 50 (150):3-26.
    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 (...)
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  • What More Do Bodies Know? Moving with the Gendered Affects of Place.E. J. Renold & Gabrielle Ivinson - 2021 - Body and Society 27 (1):85-112.
    This article focuses on what bodies know yet which cannot be expressed verbally. We started with a problem encountered during conventional interviewing in an ex-mining community in south Wales when some teen girls struggled to speak. This led us to focus on the body, corporeality and movement in improvisational dance workshops. By slowing down and speeding up video footage from the workshops, we notice movement patterns and speculate about how traces of gender body-movement practices developed within mining communities over time (...)
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  • Work without workers: legal geographies of family farm exclusions from labour laws in Alberta, Canada.Emily Reid-Musson, Ellen MacEachen, Mary Beckie & Lars Hallström - 2022 - Agriculture and Human Values 39 (3):1027-1038.
    Under the Canadian labour laws that govern workplace safety, wage, and other work conditions, ‘family’ workers are not covered by the law under special rules for agriculture. Among other legal exclusions, the family farm exclusion contributes to a dearth of basic work, health, and safety standards in the sector, despite the commercialization and industrialization of family farming activities. Through a focus on Alberta, Canada—where farm labour rules have only applied to agriculture since 2016—this article explores the family exclusion in relation (...)
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  • Reconceiving citizenship: The challenge of mothers as political activists.Kerreen Reiger - 2000 - Feminist Theory 1 (3):309-327.
    The resurgence of interest in the meaning of citizenship has encouraged debate on its gendered character, especially the relationship between public and private. Informed by such analyses, this article considers the political organizations, in this case in Australia, formed to reclaim maternity care from medical dominance and to promote women's choices as childbearers. As activists, mothers have carved out a new form of politics, transforming their ‘private’ experiences into issues of public contention. Challenging established categories, they have sought to improve (...)
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  • A Dilemma in Rape Crisis and a Contribution from Philosophy.Hane Htut Maung - 2021 - Humanities and Social Sciences Communications 1 (8):93.
    The notion that rape is an act of violence rather than sex is a central tenet in rape crisis support and education. A therapeutic benefit of this conceptualisation of rape is that it counters shame and guilt by affirming that the victim was not a complicit partner in an act of sex. However, this conceptualisation has recently been criticised for not capturing what makes rape an especially serious kind of wrong. This raises an apparent dilemma for rape crisis support. Recent (...)
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  • Culture in the transitions to modernity: seven pillars of a new research agenda. [REVIEW]Isaac Ariail Reed & Julia Adams - 2011 - Theory and Society 40 (3):247-272.
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  • Intersecting Gender and Sexual Orientation: An Analysis of Sexuality and Citizenship in Gender Equality Policies in Spain.Raquel Platero Méndez - 2007 - Critical Review of International Social and Political Philosophy 10 (4):575-597.
    Equality policies in Spain have increasingly developed since the creation of the National Women’s Agency (1983). Over a ten‐year period Spain has achieved European standards in equality policies in terms of institutions, budget and legitimization. In a short time Spain moved from a dictatorship to European Union membership, which has brought about enormous changes regarding women’s roles and rights. Other relevant changes concern the political organization of the state: the 1978 Constitution sets a model of regional administrative autonomy, neither centralized (...)
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  • Hobbes on Power and Gender Relations.Sandra Leonie Field - 2021 - In Marcus P. Adams (ed.), A Companion to Hobbes. Hoboken, NJ: Wiley-Blackwell. pp. 139–155.
    In this chapter, the author articulates two Hobbesian models of interpersonal power relations that can be used to understand gender relations: what he will call the dominion model and the deference model. Hobbes himself analyses the relation between men and women through the dominion model. The author lays out Hobbes's model of interpersonal power relations as dominion, including his application of the model to the case of gender relations. The centerpiece of Hobbes's method is his “state of nature” thought experiment. (...)
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  • ‘It’s this pain in my heart that won’t let me stop’: Gendered affect, webs of relations, and young women’s activism.Jacqueline Kennelly - 2014 - Feminist Theory 15 (3):241-260.
    Interrogating the oft-stated emotion of ‘guilt’ amongst young female activists, I develop a theoretical account of why young women seem to be more burdened with such negative emotions than young men. Drawing on feminist theorising, I posit that young women’s emotional accounts of activist work highlight the retraditionalisation of gender under neoliberal modernity. I provide evidence of the gender-differentiated demands that heightened forms of reflexivity place on women, young women in particular. I then consider alternative conceptions of politics, grounded in (...)
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  • Public and Private Citizenship: From Gender Invisibility to Feminist Inclusiveness.Raia Prokhovnik - 1998 - Feminist Review 60 (1):84-104.
    Conceptions of citizenship which rest on an abstract and universal notion of the individual founder on their inability to recognize the political relevance of gender. Such conceptions, because their ‘gender-neutrality’ has the effect of excluding women, are not helpful to the project of promoting the full citizenship of women. The question of citizenship is often reduced to either political citizenship, in terms of an instrumental notion of political participation, or social citizenship, in terms of an instrumental notion of economic (in)dependence. (...)
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  • Enabling Citizenship: Gender, Disability and Citizenship in Australia.Leanne Dowse & Helen Meekosha - 1997 - Feminist Review 57 (1):49-72.
    This paper queries the absence of disabled voices in contemporary citizenship literature. It argues that the language and imagery of the citizen is imbued with hegemonic normalcy and as such excludes disability. Feminist perspectives, such as those which argue for a form of maternal citizenship, largely fail to acknowledge disability experiences. Exclusionary practices are charted and links are made between gender, race and disability in this process. A citizenship which acknowledges disability is fundamental to re-imaging local, national and international collectivities.
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  • Making a choice or taking a stand? Choice feminism, political engagement and the contemporary feminist movement.Rachel Thwaites - 2017 - Feminist Theory 18 (1):55-68.
    Choice feminism is a popular form of contemporary feminism, encouraging women to embrace the opportunities they have in life and to see the choices they make as justified and always politically acceptable. Though this kind of feminism appears at first glance to be tolerant and inspiring, its narratives also bring about a political stagnation as discussion, debate and critical judgement of the actions of others are discouraged in the face of being deemed unsupportive and a ‘bad’ feminist. Choice feminism also (...)
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  • Country Matters: Sexing the Reconciled Republic of Australia.Fiona Probyn-Rapsey - 2008 - Feminist Review 89 (1):73-86.
    This essay analyses how Australian postcolonial discourses, influenced by both Republicanism and Reconciliation, deploy the trope of woman to signify political change in both feminist and cultural debates about belonging, national legitimacy and sovereignty. I point out that white feminist rejection of the Queen in favour of embracing indigeneity is itself complicit with a history of ‘incorporating’ and assimilating indigeneity – a complicity that is sublimated in favour of a triumphant rejection of Imperial white womanhood. The essay looks at a (...)
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  • (1 other version)The Apotheosis of Home and the Maintenance of Spaces of Violence.Joshua Price - 2002 - Hypatia 17 (4):39-70.
    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.
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  • (1 other version)The apotheosis of home and the maintenance of spaces of violence.Joshua M. Price - 2002 - Hypatia 17 (4):39-70.
    : 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.
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  • Rethinking Libertarianism: Elizabeth Anderson's Private Government. [REVIEW]David Ellerman - 2018 - Challenge 61:156-182.
    In her recent book Private Government, Elizabeth Anderson makes a powerful but pragmatic case against the abuses experienced by employees in conventional corporations. The purpose of this review-essay is to contrast Anderson’s pragmatic critique of many abuses in the employment relation with a principled critique of the employment relationship itself. This principled critique is based on the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience down through the Enlightenment in the abolitionist, democratic, and (...)
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  • A Defence of Sexual Inclusion.John Danaher - 2020 - Social Theory and Practice 46 (3):467-496.
    This article argues that access to meaningful sexual experience should be included within the set of the goods that are subject to principles of distributive justice. It argues that some people are currently unjustly excluded from meaningful sexual experience and it is not implausible to suggest that they might thereby have certain claim rights to sexual inclusion. This does not entail that anyone has a right to sex with another person, but it does entail that duties may be imposed on (...)
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  • The cruel optimism of sexual consent.Alisa Kessel - 2020 - Contemporary Political Theory 19 (3):359-380.
    This article intervenes in a critical debate about the use of consent to distinguish sex from rape. Drawing from critical contract theories, it argues that sexual consent is a cruel optimism that often operates to facilitate, rather than alleviate, sexual violence. Sexual consent as a cruel optimism promises to simplify rape allegations in the popular cultural imagination, confounds the distinction between victims and agents of sexual violence, and establishes certainty for potential victimizers who rely on it to convince themselves and (...)
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  • The Role of Pateman’s Sexual Contract in Beneficial Interests in Property.Kate Galloway - 2019 - Feminist Legal Studies 27 (3):263-285.
    While the common law may result in justice between heterosexual intimate partners in particular claims for a beneficial interest in the family home, it does so on its own terms—terms drawn up according to contractarian principles reflecting male sex-right, that subsist even as the world and the institution of marriage (and marriage-like relationships) have changed. This paper uses examples from the case law across four common law jurisdictions to expose the terms on which the contractarian nature of intimate partner trusts (...)
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  • XII—Fighting for My Mind: Feminist Logic at the Edge of Enlightenment.Hannah Dawson - 2018 - Proceedings of the Aristotelian Society 118 (3):275-306.
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  • No Platforming.Robert Mark Simpson & Amia Srinivasan - 2018 - In Jennifer Lackey (ed.), Academic Freedom. Oxford University Press. pp. 186-209.
    This paper explains how the practice of ‘no platforming’ can be reconciled with a liberal politics. While opponents say that no platforming flouts ideals of open public discourse, and defenders see it as a justifiable harm-prevention measure, both sides mistakenly treat the debate like a run-of-the-mill free speech conflict, rather than an issue of academic freedom specifically. Content-based restrictions on speech in universities are ubiquitous. And this is no affront to a liberal conception of academic freedom, whose purpose isn’t just (...)
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  • Bodies, passions and citizenship.Shane Phelan - 1999 - Critical Review of International Social and Political Philosophy 2 (1):56-79.
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  • (1 other version)The Lady Vanishes: What’s Missing from the Stem Cell Debate.Donna L. Dickenson - 2006 - Journal of Bioethical Inquiry 3 (1):43-54.
    Most opponents of somatic cell nuclear transfer and embryonic stem cell technologies base their arguments on the twin assertions that the embryo is either a human being or a potential human being, and that it is wrong to destroy a human being or potential human being in order to produce stem cell lines. Proponents’ justifications of stem cell research are more varied, but not enough to escape the charge of obsession with the status of the embryo. What unites the two (...)
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  • Bodily Integrity and Conceptions of Subjectivity.Mervi Patosalmi - 2009 - Hypatia 24 (2):125 - 141.
    This paper examines two different ways of understanding the concept of bodily integrity and their political implications. In Drucilla Cornell's use of the concept, the body cannot be separated from the mind. Protecting bodily integrity means protecting possibilities of imagining the self as whole. Martha Nussbaum's theorizing is based on a liberal way of conceptualizing subjectivity, in which the mind and the body are separate, and bodily integrity is used to refer to physical inviolability.
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  • (1 other version)‘Interpretation’ and the ‘Empirical’: Similarities between theoretical and empirical political science.Paul A. Passavant & John Gunnell - 2015 - Contemporary Political Theory 14 (3):256-275.
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  • Protesting like a Girl: Embodiment, Dissent and Feminist Agency.Wendy Parkins - 2000 - Feminist Theory 1 (1):59-78.
    This article examines feminist agency in the light of Merleau-Ponty’s phenomenological account of the body subject. Stressing the importance of embodiment to feminist agency (without reifying an essential female body), I argue that bodies inhabit specific social, historical and discursive contexts which shape our corporeal experience and our opportunities for political contestation. Beginning with the assertion that we cannot think of agency without the body, I examine a historical instance of feminist agency in which women’s bodies were central to the (...)
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  • (1 other version)Adoptive maternal bodies: A queer paradigm for rethinking mothering?Shelley M. Park - 2006 - Hypatia 21 (1):201-226.
    : A pronatalist perspective on maternal bodies renders the adoptive maternal body queer. In this essay, I argue that the queerness of the adoptive maternal body makes it a useful epistemic standpoint from which to critique dominant views of mothering. In particular, exploring motherhood through the lens of adoption reveals the discursive mediation and social regulation of all maternal bodies, as well as the normalizing assumptions of heteronormativity, "reprosexuality," and family homogeneity that frame a traditional view of the biological family. (...)
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  • (1 other version)Adoptive Maternal Bodies: A Queer Paradigm for Rethinking Mothering?Shelley M. Park - 2006 - Hypatia 21 (1):201-226.
    A pronatalist perspective on maternal bodies renders the adoptive maternal body queer. In this essay, I argue that the queerness of the adoptive maternal body makes it a useful epistemic standpoint from which to critique dominant views of mothering. In particular, exploring motherhood through the lens of adoption reveals the discursive mediation and social regulation of all maternal bodies, as well as the normalizing assumptions of heteronormativity, “reprosexuality,” and family homogeneity that frame a traditional view of the biological family. As (...)
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  • What’s the Deal? Women’s Evidence and Gendered Negotiations.Elsje Bonthuys - 2019 - Feminist Legal Studies 27 (1):7-31.
    South African law has traditionally denied property sharing rights to people in non-marital intimate partnerships, but a series of new cases has created the possibility of enforcing universal partnership contracts to claim a share in partnership property. However, evidential biases within these progressive cases reflect a historical disdain for women’s contributions to relationships and a widespread reluctance to believe women’s testimony about the existence of agreements to share. These biases bear strong resemblances to the gender stereotypes which have been the (...)
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  • Surrogate Tourism and Reproductive Rights.Vida Panitch - 2013 - Hypatia 28 (2):274-289.
    Commercial surrogacy arrangements now cross borders; this paper aims to reevaluate the traditional moral concerns regarding the practice against the added ethical dimension of global injustice. I begin by considering the claim that global surrogacy serves to satisfy the positive reproductive rights of infertile first-world women. I then go on to consider three powerful challenges to this claim. The first holds that commercial surrogacy involves the commodification of a good that should not be valued in market terms, the second that (...)
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  • Sex and Sexuality.Raja Halwani - 2018 - Stanford Encyclopedia of Philosophy.
    This is a detailed encyclopedia entry on sex and sexuality, explaining the main issues and debates in philosophy about them.
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  • Global surrogacy: exploitation to empowerment.Vida Panitch - 2013 - Journal of Global Ethics 9 (3):329-343.
    Journal of Global Ethics, Volume 9, Issue 3, Page 329-343, December 2013.
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  • Quentin Skinner's rhetoric of conceptual change.Kari Palonen - 1997 - History of the Human Sciences 10 (2):61-80.
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  • Love and Politics: Re-Interpreting Hegel.Alice Ormiston - 2004 - State University of New York Press.
    Argues that love plays an essential—if often implicit—role in Hegel's mature theory of moral subjectivity and political community.
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  • Communitas and the problem of women.Anne O'Byrne - 2013 - Angelaki 18 (3):125-138.
    From its earliest beginnings, political thought has grappled with the problem of those who both do and do not belong to the city, those who cannot be exactly included or excluded, that is to say, with the problem of difference. Most often this emerges first as the problem of what to do with women. Communitas is an intense engagement with central figures in the history of political thought – Augustine, Hobbes, Rousseau – but also a remarkably efficient avoidance of women (...)
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  • How should marriage be theorised?Alasia Nuti - 2016 - Feminist Theory 17 (3):285-302.
    Feminists have noted the injustice of the institution of marriage and the asymmetric power dynamics within gender-structured marriages. Recently, feminists have found an unexpected supporter of this struggle against marriage in some liberal political theorists. I argue that this new wave of interest in the wrongness of marriage within liberalism reveals shortcomings from a feminist perspective. While some liberals fail to realise that instead of being disestablished, the institution of marriage should be radically reformed, others do not recognise that such (...)
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  • Prostitution: You Can’t Have Your Cake and Sell It.Simon-Pierre Chevarie-Cossette - 2017 - Journal of Practical Ethics 5 (2):77-84.
    I offer an unorthodox argument for the thesis that prostitution is not just a normal job. It has the advantage of being compatible with the claim that humans should have full authority over their sexual life. In fact, it is ultimately the emphasis on this authority that leads the thesis that prostitution is a normal job to collapse. Here is the argument: merchants cannot (both legally and morally) discriminate whom they transact with on the basis of factors like the ethnicity (...)
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  • Disability, sex rights and the scope of sexual exclusion.Alida Liberman - 2017 - Journal of Medical Ethics:medethics-2017-104411.
    In response to three papers about sex and disability published in this journal, I offer a critique of existing arguments and a suggestion about how the debate should be reframed going forward. Jacob M. Appel argues that disabled individuals have a right to sex and should receive a special exemption to the general prohibition of prostitution. Ezio Di Nucci and Frej Klem Thomsen separately argue contra Appel that an appeal to sex rights cannot justify such an exemption. I argue that (...)
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  • Intersectionality, Citizenship and Contemporary Politics of Belonging.Nira Yuval-Davis - 2007 - Critical Review of International Social and Political Philosophy 10 (4):561-574.
    The paper examines the effects of intersecting social divisions on constructions of multi‐layered citizenships and the politics of belonging in contemporary Britain. It starts with conceptual clarifications of the notions of citizenship, belonging and intersectionality and then turns to examine contemporary politics of belonging in contemporary Britain, focusing on the current debate on the ‘death of multiculturalism’ and on ‘social cohesion’. It illustrates how the use of civic and democratic values as signifiers of belonging can end up as exclusionary, rather (...)
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  • Le casse-tête de la citoyenneté par droit de naissance.Ayelet Shachar - 2012 - Les Ateliers de L’Ethique 7 (2):89-116.
    Cet article est la traduction française de l’introduction du livre d’Ayelet Shachar, «The Puzzle of Birthright Citizenship», avec la permission de l’éditeur, tirée de The Birthright Lottery : Citizenship and Global Inequality, Cambridge, Mass.: Harvard University Press, pp.1-18. © 2009 President and Fellows of Harvard College. Traduction de Martin Provencher.This paper is the French translation of Ayelet Shachar’s introduction, «The Puzzle of Birthright Citizenship», digitally reproduced by permission of the publisher from The Birthright Lottery : Citizenship and Global Inequality, Cambridge, (...)
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  • Social freedom as ideology.Karen Ng - 2018 - Philosophy and Social Criticism 45 (7):795-818.
    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...
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  • The feminist critique of reason revisited.Herta Nagl-Docekal - 1999 - Hypatia 14 (1):49-76.
    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 (...)
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  • Understanding Women in Scotland.Fiona Myers, Alice Brown & Esther Breitenbach - 1998 - Feminist Review 58 (1):44-65.
    This article explores obstacles to understanding the history and contemporary experiences of women in Scotland, and to the development of feminist research in Scotland. It is argued that explanations which invoke Scottish male chauvinism and misogyny alone are insufficient, and that the marginalization of women in Scotland is produced both by male domination within Scotland, and by English cultural and political hegemony within the UK. The article comments on the relationship of the concept of ‘Britishness’ to that of ‘Scottishness’ (and (...)
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  • Beauvoir and Western Thought From Plato to Butler.Shannon M. Mussett & William S. Wilkerson (eds.) - 2012 - State University of New York Press.
    _Essays on Beauvoir’s influences, contemporary engagements, and legacy in the philosophical tradition._.
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  • (1 other version)Enduring freedom: Globalizing children's rights.Constance L. Mui & Julien S. Murphy - 2003 - Hypatia 18 (1):197-203.
    : 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.
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  • Imagining (the) Difference: Gender, Ethnicity and Metaphors of Nation.Maureen Molloy - 1995 - Feminist Review 51 (1):94-112.
    This article critiques the way in which three feminist authors reinscribe traditional liberal values when seeking new ways of thinking about the nation. It suggests that in rejecting affective or embodied metaphors, such as community or kinship, the authors fall into the trap of reinscribing values which have historically excluded women and ethnic or racial minorities from full participation in the polity. The article argues for a rejection of the affect/rationality model which underpins these arguments and suggests that new metaphors (...)
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  • (1 other version)Toward a phenomenology of sex-right: Reviving radical feminist theory of compulsory heterosexuality.Kathy Miriam - 2007 - Hypatia 22 (1):210-228.
    : 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.
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  • (1 other version)Toward a Phenomenology of Sex-Right: Reviving Radical Feminist Theory of Compulsory Heterosexuality.Kathy Miriam - 2007 - Hypatia 22 (1):210-228.
    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.
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