I here present two different models of oppressive speech. My interest is not in how speech can cause oppression, but in how speech can actually be an act of oppression. As we shall see, a particular type of speech act, the exercitive, enacts permissibility facts. Since oppressive speech enacts permissibility facts that oppress, speech must be exercitive in order for it to be an act of oppression. In what follows, I distinguish between two sorts of exercitive speech acts (the standard (...) exercitive and the covert exercitive) and I argue that each such exercitive affords a distinct model of oppressive speech. (shrink)

Pornography deserves special protections, it is often said, because it qualifies as speech. Therefore, no matter what we think of its content, we must afford it the protections that we extend to most speech, but don’t extend to other actions.1 In response, Jennifer Hornsby and Rae Langton have argued that the case is not so simple: one of the harms of pornography, they claim, is that it silences women’s speech, thereby preventing women from deriving from speech the very benefits that (...) warranted the special protections in the first place.2 At first glance, it is hard to see how to make sense of this response. If the claim is that pornography prevents women from actually uttering words, then it just seems false; on the other hand, if that isn’t the claim, then it isn’t clear how anyone can be said to be silenced. Faced with such worries, many have been inclined to dismiss these claims about silencing as confused. (shrink)

This article revisits the ethical and political questions raised by feminist debates over essentialism, the belief that there are properties essential to women and which all women share. Feminists’ widespread rejection of essentialism has threatened to undermine feminist politics. Re-evaluating two responses to this problem—‘strategic’ essentialism and Iris Marion Young’s idea that women are an internally diverse ‘series’—I argue that both unsatisfactorily retain essentialism as a descriptive claim about the social reality of women’s lives. I argue instead that women have (...) a ‘ genealogy’: women always acquire femininity by appropriating and reworking existing cultural interpretations of femininity, so that all women become situated within a history of overlapping chains of interpretation. Because all women are located within this complex history, they are identifiable as belonging to a determinate social group, despite sharing no common understanding or experience of femininity. The idea that women have a genealogy thus reconciles anti-essentialism with feminist politics. (shrink)

Uma Narayan attempts to clarify what the feminist notion of the 'epistemic privilege of the oppressed' does and does not imply. She argues that the fact that oppressed 'insiders' have epistemic privilege regarding their oppression creates problems in dialogue with and coalitionary politics involving 'outsiders' who do not share the oppression, since the latter fail to come to terms with the epistemic privilege of the insiders. She concretely analyzes different ways in which the emotions of insiders can be inadvertantly hurt (...) by outsiders and suggests ways in which such problems can be minimized. (shrink)

Drawing parallels between gender essentialism and cultural essentialism, I point to some common features of essentialist pictures of culture. I argue that cultural essentialism is detrimental to feminist agendas and suggest strategies for its avoidance. Contending that some forms of cultural relativism buy into essentialist notions of culture, I argue that postcolonial feminists need to be cautious about essentialist contrasts between "Western" and "Third World" cultures.

Philosophers have used the terms 'impersonal' and 'personal value' to refer to, among others things, whether something's value is universal or particular to an individual. In this paper, I propose an account of impersonal value that, I argue, better captures the intuitive distinction than potential alternatives, while providing conceptual resources for moving beyond the traditional stark dichotomy. I illustrate the practical importance of my theoretical account with reference to debate over the evaluative scope of cultural heritage.

Justifications of group-differentiated rights commonly overlook a crucial practical consideration: if rights are to be allocated on the basis of group membership, how should we determine which individuals belong to which group? Assuming that social identities are fixed and transparent runs the risk of creating further injustices, whilst acknowledging that social groups are porous and heterogeneous runs the risk of rendering group-differentiated rights impracticable. In this paper, I develop a schema for determining group membership which avoids both horns of this (...) dilemma. (shrink)

The West has created categories of property, including intellectual property, which divides peoples and things according to the same colonizing discourses of possessive individualism that historically disentitled and disenfranchised Native peoples in North America. These categories are often presented as one or both of neutral and natural, and often racialized. The commodification and removal of land from people’s social relations which inform Western valuations of cultural value and human beings living in communities represents only one particular, partial way of categorizing (...) the world. Legal and cultural manifestations of authorship, culture, and property are contingent upon Enlightenment and Romantic notions built upon a colonial foundation. I will argue that the law rips apart what First Nations peoples view as integrally and relationally joined, but traditional Western understandings of culture, identity, and property are provoked, challenged, and undermined by the concept of Aboriginal Title in a fashion that is both necessary and long overdue. (shrink)