This book addresses fundamental questions about marriage in moral and political philosophy. It examines promise, commitment, care, and contract to argue that marriage is not morally transformative. It argues that marriage discriminates against other forms of caring relationships and that, legally, restrictions on entry should be minimized.

Can the government stick us with privacy we don't want? It can, it does, and according to this author, may need to do more of it. Privacy is a foundational good, she argues, a necessary tool in the liberty-lover's kit for a successful life. A nation committed to personal freedom must be prepared to mandate inalienable, liberty-promoting privacies for its people, whether they eagerly embrace them or not. The eight chapters of this book are reflections on public regulation of privacy (...) at home; isolation and confinement for punitive and health reasons; religious modesty attire; erotic nudity; workplace and professional confidentiality; racial privacy; online transactions; social networking; and the collection, use and storage of electronic data. (shrink)

Too often, identifying practices of silencing is a seemingly impossible exercise. Here I claim that attempting to give a conceptual reading of the epistemic violence present when silencing occurs can help distinguish the different ways members of oppressed groups are silenced with respect to testimony. I offer an account of epistemic violence as the failure, owing to pernicious ignorance, of hearers to meet the vulnerabilities of speakers in linguistic exchanges. Ultimately, I illustrate that by focusing on the ways in which (...) hearers fail to meet speaker dependency in a linguistic exchange, efforts can be made to demarcate the different types of silencing people face when attempting to testify from oppressed positions in society. (shrink)

In this paper, I argue that there is a philosophical basis for the claim that states can be held responsible for structural injustices such as gender discrimination and violence—a claim that has been made in international human rights documents, but one that has not gained much normative force. To show this, I draw on and develop Iris Young's notion of “political responsibility.” The purpose of political responsibility is not to find fault or blame the state for a past wrong, but (...) to encourage the state to make things more just in the future. I argue that the state is able to take responsibility in this sense and can discharge the duty of political responsibility in a more systematic way than individuals can. Further, I show that taking political responsibility would entail changing how states think about their human rights obligations. Rather than focusing on cataloguing abuses, states would be required to work toward changing conditions so that human rights violations are less likely to occur in the future. Consequently, I show that it does make sense to say that the state can be held accountable for structural injustices that lead to women's human rights violations. (shrink)

In recent years, the free market position has been gaining strength. In this book, Radin provides a nuanced response to its sweeping generalization.

Fricker shows that virtue epistemology provides a general epistemological idiom in which these issues can be forcefully discussed.

This chapter contains section titled: The Double Bind of Sameness and Difference Dominance, Feminism, and Legal Protection Domesticity and Institutional Organization Conclusion References Further Reading.

This article returns to a philosophical conundrum that has troubled feminist theory since the topic of sexual violence has been taken seriously, what I call the problem of the “heteronormative sexual continuum”: how sexual assault and hegemonic heterosex are conceptually and politically related. I continue my response to the work of Nicola Gavey, who has argued for the existence of a “gray area” of sexual interactions that are ethically questionable without rising to the category of sexual assault, but whose analysis (...) did not explicitly articulate what these two categories share or what distinguishes them from each other. After summarizing Gavey's position, I summarize my previous articulation of the common ground between instances of sexual assault and examples of sexual interactions in the “gray area.” I then develop a theoretical account of how the two categories differ, arguing that the victim's agency plays different roles in the two types of interactions. Both the fact of that distinction—that we are capable of providing a philosophical account of the difference between sexual interactions that fall into the gray area and those that constitute sexual assault—and its particular content are crucial for the development of a tenable feminist sexual ethics. (shrink)

From the diverse work and often competing insights of women's human rights activists, Brooke Ackerly has written a feminist and a universal theory of human rights that bridges the relativists' concerns about universalizing from particulars and the activists' commitment to justice. Unlike universal theories that rely on shared commitments to divine authority or to an 'enlightened' way of reasoning, Ackerly's theory relies on rigorous methodological attention to difference and disagreement. She sets out human rights as at once a research ethic, (...) a tool for criticism of injustice and a call to recognize our obligations to promote justice through our actions. This book will be of great interest to political theorists, feminist and gender studies scholars and researchers of social movements. (shrink)

There's been a great deal of interest in epistemology regarding what it takes for a hearer to come to know on the basis of a speaker's say-so. That is, there's been much work on the epistemology of testimony. However, what about when hearers don't believe speakers when they should? In other words, what are we to make of when testimony goes wrong? A recent topic of interest in epistemology and feminist philosophy is how we sometimes fail to believe speakers due (...) to inappropriate prejudices – implicit or explicit. This is known as epistemic injustice. In this article, I discuss Miranda Fricker's groundbreaking work on epistemic injustice, as well as more recent developments that both offer critique and expansion on the nature and extent of epistemic injustice. (shrink)

Theories of social justice are necessarily abstract, reaching beyond the particular and the immediate to the general and the timeless. Yet such theories, addressing the world and its problems, must respond to the real and changing dilemmas of the day. A brilliant work of practical philosophy, Frontiers of Justice is dedicated to this proposition. Taking up three urgent problems of social justice neglected by current theories and thus harder to tackle in practical terms and everyday life, Martha Nussbaum seeks a (...) theory of social justice that can guide us to a richer, more responsive approach to social cooperation. The idea of the social contract--especially as developed in the work of John Rawls--is one of the most powerful approaches to social justice in the Western tradition. But as Nussbaum demonstrates, even Rawls's theory, suggesting a contract for mutual advantage among approximate equals, cannot address questions of social justice posed by unequal parties. How, for instance, can we extend the equal rights of citizenship--education, health care, political rights and liberties--to those with physical and mental disabilities? How can we extend justice and dignified life conditions to all citizens of the world? And how, finally, can we bring our treatment of nonhuman animals into our notions of social justice? Exploring the limitations of the social contract in these three areas, Nussbaum devises an alternative theory based on the idea of capabilities. She helps us to think more clearly about the purposes of political cooperation and the nature of political principles--and to look to a future of greater justice for all. (shrink)

New developments in biotechnology radically alter our relationship with our bodies. Body tissues can now be used for commercial purposes, while external objects, such as pacemakers, can become part of the body. Property in the Body: Feminist Perspectives transcends the everyday responses to such developments, suggesting that what we most fear is the feminisation of the body. We fear our bodies are becoming objects of property, turning us into things rather than persons. This book evaluates how well-grounded this fear is, (...) and suggests innovative models of regulating what has been called 'the new Gold Rush' in human tissue. This is an up-to-date and wide-ranging synthesis of market developments in body tissue, bringing together bioethics, feminist theory and lessons from countries that have resisted commercialisation of the body, in a theoretically sophisticated and practically significant approach. (shrink)

An exposé of flaws in American policies regarding the self-reliance of families argues that policymakers have compromised the well-being of everyday individuals by limiting the definition of acceptable family units and placing unrealistic responsibilities on contemporary families, presenting a model for "caretaking relationships" that provides extra support for children and the elderly. Reprint.

Soon there will be sex robots. The creation of such devices raises a host of social, legal and ethical questions. In this article, I focus in on one of them. What if these sex robots are deliberately designed and used to replicate acts of rape and child sexual abuse? Should the creation and use of such robots be criminalised, even if no person is harmed by the acts performed? I offer an argument for thinking that they should be. The argument (...) consists of two premises. The first claims that it can be a proper object of the criminal law to regulate wrongful conduct with no extrinsically harmful effects on others. The second claims that the use of robots that replicate acts of rape and child sexual abuse would be wrongful, even if such usage had no extrinsically harmful effects on others. I defend both premises of this argument and consider its implications for the criminal law. I do not offer a conclusive argument for criminalisation, nor would I wish to be interpreted as doing so; instead, I offer a tentative argument and a framework for future debate. This framework may also lead one to question the proposed rationales for criminalisation. (shrink)

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

This discussion of Sally Haslanger’s recent book, Resisting Reality: Social Construction and Social Critique (Oxford 2012), investigates how her theory of race and gender handles the problem of intersectionality; that is, the problem of how to understand the ways in which one’s location in multiple socially constructed categories affects one’s lived experiences, social roles, and relative privilege or disadvantage. Haslanger defines race and gender as locations within hierarchical social structures. This high-level structural analysis allows her to find commonality without claiming (...) that, for example, all women share social roles or psychological characteristics. However, race-based oppression seems sometimes to cancel out gender-based privilege; thus raising the question of how, on Haslanger’s model, we are to understand race and gender working together. (shrink)

Now that pornography is on the Internet, its political and social functions have changed. So contends Margret Grebowicz in this imperative philosophical analysis of Internet porn. The production and consumption of Internet porn, in her account, are a symptom of the obsession with self-exposure in today's social networking media, which is, in turn, a symptom of the modern democratic construction of the governable subject as both transparent and communicative. In this first feminist critique to privilege the effects of pornography's Internet (...) distribution rather than what it depicts, Grebowicz examines porn-sharing communities and the politics of putting women's sexual pleasure on display as part of the larger democratic project. Arguing against this project, she shows that sexual pleasure is not a human right. Unlikely convergences between thinkers like Catherine MacKinnon, Jean Baudrillard, Judith Butler, and Jean-François Lyotard allow her to formulate a theory of the relationships between sex, speech, and power that stands as an alternative to such cyber-libertarian mottos as "freedom of speech" and "sexual freedom.". (shrink)

A collection of lectures which focussed on the small, constant aggressions of racism.

Our understanding of the impact of gender on refugee determination has evolved greatly over the last 60 years. Though many people initially believed that women could not be persecuted qua women, it is now frequently recognized that certain forms of gender-related persecution are sufficient to warrant asylum. Yet despite this conceptual progress, many states are still reluctant to consider certain forms of gender-related persecution to be sufficient to warrant asylum or refugee status. One reason for this continued bias is the (...) lack of a framework with which to understand gender-related persecution. I argue that we ought to understand gender-related persecution as resulting from the intersection of individual or state persecution and structural injustice. Structural injustice can be understood as the kind of everyday injustice, harm, and violence that women experience that makes possible the more extraordinary kinds of violence that women are likely to claim as the basis of asylum. Understanding gender-related persecution within the context of structural injustice will, I argue, help us to see it as a legitimate form of persecution and thus allow more just outcomes for women refugees. (shrink)

Book reviewed in this article: Justice, Gender, and the Family. By Susan Moller Okin. Making All the Difference. By Martha Minow.

Providing balanced coverage of abortion, sexual harassment, censorship and pornography, and other timely and controversial subjects, this pathbreaking anthology is the first to offer a comprehensive introduction to feminist legal philosophy. An important resource for courses in women's studies, philosophy, law, sociology, and political science, it provides many stimulating insights into essential topics in jurisprudence, such as the nature and justification of law, judicial reasoning and the process of adjudication, the connection between law and equality, and freedom and justice.

New York defines rape as forced penile vaginal penetration, which means only women can be rape victims. Given this definition, rape should always be considered a type of hate crime and thus eligible for sentencing enhancement because the perpetrators target victims based on their group membership. Such a narrow definition of rape is problematic because it fails to acknowledge oral and anal rape and overlooks the fact that men can also be raped. I argue that regardless of the type of (...) sexual assault that occurs, rape should be considered a hate crime when the rapist chooses the victim based on gender, gender identity, and/or sexual orientation and the rape reinforces the patriarchal and heteronormative hegemony. (shrink)

Intimate and medicalized, natural and technological, reproduction poses some of the most challenging ethical dilemmas of our time. This volume brings together scholars from multiple perspectives to address both traditional and novel questions about the rights and responsibilities of human reproducers, their caregivers, and the societies in which they live.

On the heels of the groundbreaking Obergefell v. Hodges ruling legalizing same-sex marriage in the United States, the lesbian, gay, bisexual, and transgender movement for marriage equality has received unprecedented coverage. Few people, however, have heard of the marriage equality movement for people with disabilities. In order to understand the lack of coalition between the two movements, as well as the invisibility of the PWD marriage equality movement, I provide a conceptual analysis of both marriage movement discourses. Drawing on Cathy (...) Cohen's work on secondary marginalization in the black community, I argue that both LGBT folks and PWD actively obscure the most needy, most dependent, and most queer members of their respective communities to gain sympathy and support from a independent, heteronormative majority. However, bringing the two movements into dialogue can help us rethink intimate relationships, marriage, and who counts as a citizen worthy of rights. (shrink)

Legal judgment writing mobilises a process of story-telling, drawing on existing judicial discourses, precedents and practices to create a narrative relevant to the specific case that is articulated by the presiding judge. In the Feminist Judgments projects feminist scholars and activists have sought to challenge and reinterpret legal judgments that have disadvantaged, discriminated against or denied women’s experiences. This paper reflects on the process of writing as a feminist judge in the Australian Project, in an intimate homicide case, R v (...) Middendorp. Drawing on the work of Judith Butler on intelligibility, iterability and the communality of violence and vulnerability, this article argues that feminist judgments necessarily require some uncomfortable compromises with unjust gendered institutions. While ‘donning the robes’ may be an uncomfortable process, a feminist re-articulation of the law’s carceral power serves to unsettle and challenge some aspects of gendered oppression, even though it cannot unsettle the operation of the institution. The article concludes that effective feminist interventions by members of the judiciary may require donning robes that are not entirely comfortable in order to persuade and advocate for change. (shrink)

Reprogenetic technologies, which combine the power of reproductive techniques with the tools of genetic science and technology, promise prospective parents a remarkable degree of control to pick and choose the likely characteristics of their offspring. Not only can they select embryos with or without particular genetically-related diseases and disabilities but also choose embryos with non-disease related traits such as sex. -/- Prominent authors such as Agar, Buchanan, DeGrazia, Green, Harris, Robertson, Savulescu, and Silver have flocked to the banner of reprogenetics. (...) For them, increased reproductive choice and reduced suffering through the elimination of genetic disease and disability are just the first step. They advocate use of these technologies to create beings who enjoy longer and healthier lives, possess greater intellectual capacities, and are capable of more refined emotional experiences. Indeed, Harris and Savulescu in particular take reprogenetic technologies to be so valuable to human beings that they have insisted that their use is not only morally permissible but morally required. -/- Rethinking Reprogenetics challenges this mainstream view with a contextualised, gender-attentive philosophical perspective. De Melo-Martín demonstrates that you do not have to be a Luddite, social conservative, or religious zealot to resist the siren song of reprogenetics. Pointing out the flawed nature of the arguments put forward by the technologies' proponents, Rethinking Reprogenetics reveals the problematic nature of the assumptions underpinning current evaluations of these technologies and offers a framework for a more critical and skeptical assessment. (shrink)