ABSTRACT: In this article I defend the view that all feminists should be contractarians. Indeed, I argue that feminists should be Hobbesian or rational-choice contractarians at that. The argument proceeds by critically examining some of the main reasons why feminists have been resistant or even hostile to contractarian moral theory, and showing that the criticisms are misguided against Hobbesian versions of the theory. I conclude with a brief positive argument to the effect that contractarianism provides a plausible explanation of what (...) is wrong with patriarchy and so can serve as the theoretical basis for feminist ethics.RÉSUMÉ: Cet article propose que les féministes de toutes tendances se doivent d'être contractualistes de type hobbesien ou de choix rationnel. L'argument débute par une critique de quelques-unes des raisons principales pour lesquelles les féministes ont résisté ou se sont opposées à une morale contractualiste et établit que leurs critiques n'atteignent pas leur cible lorsqu'elles sont dirigées contre les versions hobbesiennes de cette doctrine. Un argument positif vient brièvement conclure le tout, en montrant que le contractualisme rend compte, fort plausiblement, des défauts du patriarcat, et qu'il est donc à même de fournir une base théorique à une éthique féministe. (shrink)

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 (...) her analysis of “self‐ownership” and subordination rather than as a rewriting of the social contract. Hampton's deployment of a Kantian test for the failure of respect for personhood within domestic (and other) relationships does not undermine Pateman's position. Consideration of how such an ideal can be understood as potentially compatible with Pateman's perspective raises issues about the radical potential within claims for equal respect for personhood. In Hampton's work, widespread “test failure” can be used to indicate that political action rather than moral analysis is required. Hampton assumes that those employing the test are able to abstract themselves sufficiently from their current position to imagine what it would be to be treated as a person. It is argued that this “moral test” should be envisaged as being asked in concert with others, at which point it has the potential to become political action. (shrink)

In moral and political philosophy, topics like the distributive inequities conferred via special partial relationships – family relationships, for example – have been frequently debated. However, the epistemic dimensions of such partiality are seldom discussed in the ethical context, and the topic of partial relationships rarely feature in the realm of social epistemology. My view is that the role of partial relationships is worth exploring to enrich our understanding of epistemic injustice and its transmission. I claim that epistemic features typical (...) of partial relationships make phenomena like epistemic injustice easier to mask, more difficult to identify, and harder to correct. (shrink)

Feminists have long been aware of the pathology and the dangers of what are now termed “adaptive preferences.” Adaptive preferences are preferences formed in unconscious response to oppression. Thinkers from each wave of feminism continue to confront the problem of women's internalization of their own oppression, that is, the problem of women forming their preferences within the confining and deforming space that patriarchy provides. All preferences are, in fact, formed in response to a limited set of options, but not all (...) preferences are unconscious, pathological responses to oppression. Feminist theory therefore requires a method for distinguishing all preferences from adaptive or deformed preferences. Social contract theory provides such a tool. Social contract theory models autonomous preference-acquisition and retention at both the external level of causation and the internal level of justification. In doing so, social contract theory exposes preferences that do not meet those standards, acting as both a conceptual test that identifies adaptive preferences and as a practical tool for personal and social clarification. A social contract approach helps persons and societies to identify and to confront preferences rooted in unconscious response to oppression. (shrink)

Emotionally-related live organ donation is different from almost all other medical treatments in that a family member or, in some countries, a friend contributes with an organ or parts of an organ to the recipient. Furthermore, there is a long-acknowledged but not well-understood gender-imbalance in emotionally-related live kidney donation. This article argues for the benefit of the concept of just love as an analytic tool in the analysis of emotionally-related live organ donation where the potential donor(s) and the recipient are (...) engaged in a love relation. The concept of just love is helpful in the analysis of these live organ donations even if no statistical gender-imbalance prevails. It is particularly helpful, however, in the analysis of the gender-imbalance in live kidney donations if these donations are seen as a specific kind of care-work, if care-work is experienced as a labour one should perform out of love and if women still experience stronger pressures to engage in care-work than do men. The aim of the article is to present arguments for the need of just love as an analytic tool in the analysis of emotionally-related live organ donation where the potential donor(s) and the recipient are engaged in a love relation. The aim is also to elaborate two criteria that need to be met in order for love to qualify as just and to highlight certain clinical implications. (shrink)