How do we acquire moral obligations to others? The most straightforward cases are those where we acquire obligations as the result of particular actions which we voluntarily perform. If I promise you that I will trim your hedge, I face a moral Obligation to uphold my promise, and in the absence of some morally significant countervailing reason, I should indeed cut your hedge. Moral obligations which arise as a result of wrongdoing, as a function of corrective justice, are typically thought (...) to be of a similar nature. (shrink)

The inclusion of elite transwomen athletes in sport is controversial. The recent International Olympic Committee (IOC) (2015) guidelines allow transwomen to compete in the women’s division if (amongst other things) their testosterone is held below 10 nmol/L. This is significantly higher than that of cis-women. Science demonstrates that high testosterone and other male physiology provides a performance advantage in sport suggesting that transwomen retain some of that advantage. To determine whether the advantage is unfair necessitates an ethical analysis of the (...) principles of inclusion and fairness. Particularly important is whether the advantage held by transwomen is a tolerable or intolerable unfairness. We conclude that the advantage to transwomen afforded by the IOC guidelines is an intolerable unfairness. This does not mean transwomen should be excluded from elite sport but that the existing male/female categories in sport should be abandoned in favour of a more nuanced approach satisfying both inclusion and fairness. (shrink)

This paper considers whether transgender women should be permitted to compete in female categories in sports. Trans* women are often criticized for competing in female categories because they are seen as having an unfair advantage. Specifically, they are seen as having high levels of testosterone that unfairly enhance their performance in comparison to cisgender competitors. In this paper, I argue that trans* women should be permitted to compete in female categories. I suggest that if we want to maintain the skill (...) thesis as a guiding principle of sports and allow trans* women to compete in female categories, then we need to take relevant genetic advantages into consideration by introducing a handicap system. I claim that a handicap system should consider both cisgender and transgender women’s effective testosterone levels. (shrink)

It is commonly assumed that praiseworthiness should form part of the analysis of supererogation. I will argue that this view should be rejected. I will start by arguing that, at least on some views of the connection between moral value and praiseworthiness, it does not follow from the fact that acts of supererogation go beyond what is required by duty that they will always be praiseworthy to perform. I will then consider and dismiss what I will call the Argument from (...) Stipulation in favour of holding that acts of supererogation are always praiseworthy. Next, I will examine what I will call the Necessary Connection Argument, which posits a necessary connection between supererogation and praiseworthiness. I will argue that the intuitions used to motivate this argument are best explained by a debunking explanation. (shrink)

What does woman mean? According to two competing views, it can be seen as a sex term or as a gender term. Recently, Jennifer Saul has put forward a contextualist view, according to which woman can have different meanings in different contexts. The main motivation for this view seems to involve moral and political considerations, namely, that this view can do justice to the claims of trans women. Unfortunately, Saul argues, on further reflection the contextualist view fails to do justice (...) to those moral and political claims that motivated the view in the first place. In this article I argue that there is a version of the contextualist view that can indeed capture those moral and political aims, and in addition, I use this case to illustrate an important and more general claim, namely, that moral and political considerations can be relevant to the descriptive project of finding out what certain politically significant terms actually mean. (shrink)

In May 2011, more than a decade after the International Association of Athletics Federations (IAAF) and the International Olympic Committee (IOC) abandoned sex testing, they devised new policies in response to the IAAF's treatment of Caster Semenya, the South African runner whose sex was challenged because of her spectacular win and powerful physique that fueled an international frenzy questioning her sex and legitimacy to compete as female. These policies claim that atypically high levels of endogenous testosterone in women (caused by (...) various medical conditions) create an unfair advantage and must be regulated. Against the backdrop of Semenya's case and the scientific and historical complexity of ?gender verification? in elite sports, we question the new policies on three grounds: (1) the underlying scientific assumptions; (2) the policymaking process; and (3) the potential to achieve fairness for female athletes. We find the policies in each of these domains significantly flawed and therefore argue they should be withdrawn. (shrink)

ABSTRACTIn this paper, we investigate three different ways of defending the claim that national football associations ought to pay their men’s and women’s football teams the same amount. First, we...

First, two aspects of the partiality issue are identified: (1) Is it right/reasonable for professionals to favour their clients interests over either those of other individuals or those of society in general? (2) Are special non-universalisable obligations attached to certain professional roles?Second, some comments are made on the notions of partiality and reasonableness. On partiality, the assumption that only two positions are possible – a detached universalism or a partialist egoism – is challenged and it is suggested that partiality, e.g. (...) to family members, lies between these two positions, being neither a form of egoism, nor of impersonal detachment. On reasonableness, it is pointed out that reasonable is an ambiguous concept, eliding the notions of the morally right and the rational. (shrink)

ABSTRACTIn this paper, I explain why I disagree with David Pilgrim’s claim that critical realists should deny any ‘natal male’ claim to womanhood. Specifically, Pilgrim and I have different definitions of the transitive and intransitive dimensions of reality. In my version – which I believe is in the spirit of the Bhaskarian version – the transitive dimension embraces everything that is currently being affected by human praxis. This allows for an intersectional view of gender in which it is perfectly possible (...) for the same human, in different contexts, to be an ontological woman, an ontological trans woman ; and an ontological person with a prostate gland, some might say a man. In the same way, it is perfectly possible for a room to contain 17 people for the purposes of setting out tea cups, but 18 people for the purposes of providing lecture hand-outs. For the purposes of everyday life, and even, I argue, for the fight against sexism, trans women have the same claim to being women as cis women. (shrink)

This paper identifies and examines the possible contributions that emerging fields of study, particularly feminist public health, can make to enhancing and expanding trans/feminist theory and practice. A feminist public-health approach that is rooted in a tradition of political economy, social justice and equity studies, and an anti-oppression orientation, provides one of the most comprehensive "toolboxes" of perspectives, theoretical frameworks, methods, practices, processes, and strategies for trans-oriented scholars and activists.

Ethical theories normally make room both for global duties to human beings everywhere and special duties to those we are attached to in some way. Such a split-level view requires us to specify the kind of attachment that can ground special duties, and to explain the comparative force of the two kinds of duties in cases of conflict. Special duties are generated within groups that are intrinsically valuable and not inherently unjust, where the duties can be shown to be integral (...) to relationships within the group. Since nations can be shown to meet these conditions, acknowledging special obligations towards compatriots is justified. However for such partiality to be reasonable, it must be balanced against recognition of duties of global justice. These duties include duties to respect human rights and duties of fairness towards non-nationals. Weighing such duties against domestic duties of social justice is not a simple task, and the outcome should depend on the precise specification of the duty at stake. In particular, the duty to respect human rights fragments into four sub-duties whose force when set against local duties is markedly different. (shrink)

The International Olympic Committee (IOC) has always been plagued by what queer theorist Judith Butler calls gender trouble. In 2000, the IOC discontinued their practice of sex-testing because medical experts could not agree on what defined a genetic female and so an adequate medical testing measure could not be found. In response to outside pressure, the IOC adopted a policy enabling transsexual athletes to compete in the 2004 Olympic Games. This article argues that the IOC policy on sex reassignment does (...) not operate to guard against discrimination and harassment against transsexual athletes but that it operates to maintain the popular illusion that there are two, binary gender designations. While both transsexual and Olympic bodies have unique histories and vastly different experiences in the social and political realms, using psychoanalysis we contend that the need to test gendered bodies is incited by an anxiety about bodily deterioration, aging, and, ultimately, mortality. (shrink)

In April 2018, the International Association of Athletics Federations released new regulations placing a ceiling on women athletes’ natural testosterone levels to “ensure fair and meaningful competition.” The regulations revise previous ones with the same intent. They require women with higher natural levels of testosterone and androgen sensitivity who compete in a set of “restricted” events to lower their testosterone levels to below a designated threshold. If they do not lower their testosterone, women may compete in the male category, in (...) an intersex category, at the national level, or in unrestricted events. Women may also challenge the regulation, whether or not they have lowered their testosterone, or quit sport. Irrespective of IAAF’s stated aims, the options forced by the new regulations are impossible choices. They violate dignity, threaten privacy, and mete out both suspicion and judgement on the sex and gender identity of the athletes regulated. (shrink)