This investigation focused on relationships among sexual assault, self-blame, and sexual revictimization. Among a female undergraduate sample of adolescent sexual assault victims, those endorsing greater self-blame following sexual assault were at increased risk for sexual revictimization during a 4.2-month follow-up period. Moreover, to the extent that sexual assault victims perceived nonconsensual sex is permitted by law, they were more likely to blame themselves for their own assaults. Discussion focuses on situating victim-based risk (...) factors within sociocultural context. (shrink)

As part of a larger study, predictors of self-blame were investigated in a sample of 149 undergraduate sexual assault survivors. Each participant completed questionnaires regarding their preassault, peritraumatic, and post assault experiences and participated in an individual interview. Results confirmed the central hypothesis that, although several established correlates independently relate to self-blame, only cognitive content and process variables—negative self-cognitions and counterfactual-preventability cognitions—uniquely predict self-blame in a multivariate model.

This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of (...) sexual assault laws are worldwide phenomena, the international scholarly literature reflects limited awareness of these developments in Canadian law. This article remedies that gap in the literature. The Canadian experience with the definition of sexual consent as communicated “voluntary agreement” demonstrates the value of this conceptualization of consent; the definition provides a well-defined set of nondiscretionary reference points for legal analysis of the facts in sexual assault offenses. The effect is to facilitate effective enforcement of the sexual assault laws and affirm the right to sexual autonomy, sexual self-determination, and equality, consistent with fundamental principles of individual human rights. For all these reasons, familiarity with the Canadian experience may be useful to those engaged with the reform of rape and sexual assault laws in other jurisdictions. (shrink)

In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis (...) of the record, this paper: (1) examines relationships between legal errors dealing with availability of the defence of “belief in consent” and interpretation of the “all reasonable steps” provision, the need for retrials, and apprehended race-gender-age bias and discrimination; and 2) proposes incremental and systemic remedies to address the weaknesses in police, prosecutorial and judicial policy and practice highlighted by this case. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical (...) autonomy, rather than simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

This is a review and critical commentary on Michael Plaxton's 2015 book, Implied Consent and Sexual Assault, in which he proposes that the legal definition of sexual consent be amended to permit sexual partners to define the terms and conditions of sexual consent in accordance with private "normative commitments" between themselves. The proposed "reform" is intended to permit an individual to agree to be a party to sexual activity that would otherwise constitute sexual assault (...) under Canadian law. For reasons explained in the review, this reviewer concludes that Plaxton's proposal and the rationale he presents in support of its adoption are unpersuasive. (shrink)

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are (...) analyzed at length in “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

This essay is a case study of the self-destruction that occurs in the work of a social-constructionist historian of science who embraces a radical philosophy of science. It focuses on Thomas Laqueur's Making Sex: Body and Gender from the Greeks to Freud in arguing that a history of science committed to the social construction of science and to the central theses of Kuhnian, Duhemian, and Quinean philosophy of science is incoherent through self-reference. Laqueur's text is examined in detail (...) in order to make the main point; a similar phenomenon in the work of the feminist historian of science Evelyn Fox Keller is then briefly discussed. (shrink)

Born to secular Jewish parents and raised in Camden, New Jersey, Andrea Dworkin became a radical second-wave feminist. By Dworkin’s own account, her work is informed by a series of negative personal experiences, including sexual assault at age nine, again by doctors at the Women's House of Detention in New York in 1965, work as a prostitute, and marriage to a battering husband whom she left in 1971. While Dworkin self-identified as a lesbian, since 1974 she lived (...) with a gay male partner, writer John Stoltenberg, whom she married in 1998. Understandably, the main theme of Dworkin's work is male violence against women. This violence is a defining feature of our male-supremacist culture, in which rape, prostitution, and pornography are inevitable expressions of gender norms. Dworkin's writings are primarily aimed at social change rather than intellectualizing. She describes her first book as "a political action where revolution is the goal". What one finds in her writings is not so much philosophical theorizing as calls to action. Thus it is difficult to summarize the abstract theory to which she is committed and from which she draws arguments against the sexism she finds in our culture. What is clear is her desire to eliminate binary concepts of gender and their oppressive effects. In particular, Dworkin urges the destruction of a female gender role that involves masochism, self-hatred, and passivity. She sees male supremacy constructed and reinforced in our culture through the sexist structuring of public institutions and private interactions, locating three crucial foci of male supremacy in action: pornography, sexual intercourse, and rape. These are her central concerns. Her work includes seven monographs, three collections of essays and speeches, a memoir, two novels, and a book of short stories, all of which explore these themes. (shrink)

Numerous studies have found that many people believe that a provocatively dressed woman is at greater risk for sexual assault and bears some responsibility for her assault if she is attacked. Furthermore, in legal, academic, and public debates about sexual assault the appropriateness of the term ‘provocative’ as a descriptor of certain kinds of women’s clothing is rarely questioned. Thus, there is a widespread but largely unquestioned belief that it is appropriate to describe revealing or suggestive women’s clothing (...) as ‘provocative’ and that women who wear such clothing could provoke sexual assault and harassment from men. Yet it is rarely noted that only women’s clothing is described as sexually provocative. Men’s clothing, no matter how revealing, is never described as provocative. Why is this the case? This Article challenges the assumption that it is appropriate to describe women’s clothing as provocative. Drawing on on models of the legal defense of provocation and research on objectification and responsibility, this Article demonstrates that continued use of ‘provocative’ term normalizes and entrenches deeply problematic attitudes about women’s responsibility for men’s sexual behavior. The social interpretation of women’s clothing as provocative arises from the privileged social and legal status of men’s sexual arousal and the objectification of women’s bodies. Describing women’s clothing as provocative thus reinforces a problematic conception of women’s bodies and sexuality that is connected to women’s experiences of their bodies, their clothes, and shapes their vulnerability to sexual assault and social and legal attitudes to such attacks. (shrink)

Research on the use of propranolol as a pharmacological memory dampening treatment for post-traumatic stress disorder is continuing and justifies a second look at the legal and ethical issues raised in the past. We summarize the general ethical and legal issues raised in the literature so far, and we select two for in-depth reconsideration. We address the concern that a traumatized witness may be less effective in a prosecution emerging from the traumatic event after memory dampening treatment. We analyze this (...) issue in relation to sexual assault, where the suggestion that corroborating evidence may remedy any memory defects is less likely to be helpful. We also consider the clinical ethical question about a physician's obligation to discuss potential legal consequences of memory dampening treatment. We conclude that this latter question reflects a general problem related to novel medical treatments where the broader socio-legal consequences may be poorly understood, and suggest that issues of this sort could usefully be addressed through the promulgation of practice guidelines. (shrink)

Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations.

This was a public talk given in the spring of 2013 during sexual assault awareness week. I believe roughly 800 attended. The philosophy dept was NOT expecting that but at any rate, this is the gist: While there are many different motivations for raising questions about the Sexual Assault Awareness Movement, at least one motivation comes from feminist controversies about what counts as consensual sex. Historically, this controversy arose between those known as "anti-pornography feminists", and "sex positive (...) feminists" whose proponents had very different understandings of what counts as sexual autonomy for women. It is important to understand that questioning the current definitions of what counts as an instance of sexual assault does not entail an anti-feminist agenda. There is not a unified feminist front on this topic. To assume otherwise is to risk silencing victims of sexual assault even further by imposing a particular conception of sexual assault upon them that they might themselves reject. If we are to properly address sexual assault as feminists we must listen to victims of sexual assault and develop a theory of consent in tandem with victims' own understanding of that concept. (shrink)

In both popular and scholarly discussions, sexual consent is gaining traction as the central moral consideration in how people should treat one another in sexual encounters. However, while the concept of consent has been indispensable to oppose many forms of sexual violence, consent-based sexual ethics struggle to account for the phenomenological complexity of sexual intimacy and the social and structural pressures that often surround sexual communication and behavior. Feminist structural critique and social research (...) on the prevalence of violation even within consensual sex suggest that consent is insufficient to ground responsibility; a more fundamental orientation toward the value of sexual agency provides a better foundation for sexual ethics. Using feminist critical theory, phenomenology, and black feminist thought, this dissertation develops a socially situated and relational notion of sexual agency and diagnoses how such agency is neglected in prevailing discussions of consent in moral philosophy and legal theory. I argue that the ethical question of responsibility to another in a sexual encounter—apart from juridical considerations—should be reframed around the value of each person’s socially situated practices of agency. Preceding and extending beyond the obligation to gain valid consent for an action, responsibility demands adapting one’s intentions and behaviors in response to the wider range of another’s communicative expressions of agency. However, communicative expressions can be ambiguous or overdetermined by social context and cultural norms; they often offer only provisional traces of agency. To address this inherent uncertainty in intimacy, I propose drawing on insights from Emmanuel Levinas about the dynamic, open-ended nature of relationality, responsibility, and communication. Responsibility toward another does not depend on securing certainty about their “yes” or “no,” but requires responding continuously under conditions of uncertainty and ambiguity, adapting behaviors and intentions to make room for another’s agency despite its opacity. (shrink)

ABSTRACT Testimony from victims of gendered violence is often wrongly disbelieved. This paper explores a way to address this problem by developing a phenomenological approach to testimony. Guided by the concept of ‘disclosedness’, a tripartite analysis of testimony as an affective, embodied, communicative act is developed. Affect indicates how scepticism may arise through the social moods that often attune agents to victims’ testimony. The embodiment of meaning suggests testimony should not be approached as an assertion, but as a process of (...) ‘articulating an understanding’. This account is deepened in the discussion of testimony as a communicative act. It is argued that testimony must be considered as a relational whole, and thus our aim in receiving victims’ testimony should be to honour the relational conditions under which the truth of testimony can be heard. Approaching testimony as the collaborative process of enabling an understanding to be articulated can enhance our conception of gendered violence, whilst also better serving the victims of gendered violence by helping to overcome the lack of trust and excessive scepticism with which victims’ testimony is often met. (shrink)

Combining aesthetic theory with gender analysis opens a large and diverse territory to explore. Both familiar issues in the philosophy of art and new, expanded questions about the influence of culture on imagination and identity have become subjects of feminist research. Film, literature, graphic arts, advertising, and the legacies of history all contribute to the forces that shape self-image, desire, behavior, and social role – as well as the ability to imagine possibilities for change. This issue brings together (...) an international group of scholars from several disciplines who explore gender and femininity, sexuality and its several iterations, and the politics of everyday life and culture. (shrink)

This paper addresses two related topics: 1. The disanalogies between elective cosmetic practices and sex reassignment surgery. Why does it seem necessary for me – an aging professional woman – to ignore the blandishments of hairdressers wielding dyes and dermatologists wielding acids and scalpels? Why does it not seem equally necessary for a transgendered person to repudiate sex reassignment procedures? 2. The role of the body in identity and agency. How do phenomenological insights regarding the constitution of selfhood in relation (...) to the interplay between the body image and corporeal know-how contribute to an account of the agency of transgendered individuals? Studying several paintings by contemporary feminist artist Jenny Saville has advanced my thinking on these topics. Saville’s imagery is an invaluable aid to reflection on these issues because she uses her painterly technique, which critics often dub “virtuoso,” to represent lived human bodies. In her work, viewers encounter representations of subjectivized, agentic corporeity, as distinct from inert, objectified flesh. Moreover, her sympathetic engagement with nonconformist, devalued bodies helps to reconfigure the standard gestalts of the human body that viewers typically carry with them and thus to convert fear and/or disgust into appreciation and understanding. In this paper, I consider three of Saville’s paintings. Plan, Saville’s self-portrait as a nude female whose body has been prepped for liposuction, conveys the pathos of this procedure. Matrix is a nude portrait of self-described “gender variant visual artist” Del LaGrace Volcano. In the words of one critic Saville’s depiction of Volcano’s nude intersexed body “restores beauty to the primitive [female] genital organ.” Passage, another nude portrait of an intersexed individual, is an image of vibrant sexuality despite the presumptively jarring juxtaposition of breasts and a penis. I argue that conceiving the agentic subject as a rational deliberative capability that uses a conjoined body as the instrument of its will makes it impossible to theorize the agency of transgendered people. In contrast, when agentic subjects are understood as embodied subjects and embodiment is understood as a dimension of practical intelligence, the agency of transgendered individuals is intelligible. (shrink)

Gender, race, and sexuality are not just identities; they are also systems of social organization – i.e., systems of privilege and oppression. This article addresses two main ways privilege and oppression (e.g., racism, misogyny, heteronormativity) are relevant topics in and for philosophical aesthetics: (i) the role of the aesthetic in privilege and oppression, and (ii) the role of philosophical aesthetics, as a discipline and a body of texts, in constructing and naturalizing relations of privilege and oppression (i.e., white heteropatriarchy). The (...) first part addresses how systems of privilege and oppression use the aesthetic. I will discuss various ways race, gender, and sexuality, as both embodied identities and broader social institutions, work with and through “the aesthetic”. The second part addresses racism and (hetero) sexism in the discipline of aesthetics. Both in its history and its present practice aesthetics’apparent neutrality on questions of privilege and oppression is actually evidence of its investment in systems of privilege and oppression. (shrink)

The precondition of any feminist politics – a usable category of ‘woman’ – has proved to be difficult to construct, even proposed to be impossible, given the ‘problem of exclusion’. This is the inevitable exclusion of at least some women, as their lives or experiences do not fit into the necessary and sufficient condition(s) that denotes group membership. In this paper, I propose that the problem of exclusion arises not because of inappropriate category membership criteria, but because of the (...) presumption that categories can only be organised by identity relations or shared properties among their members. This criterion of sameness as well as the characterisation of this exclusion as essentialism attests to a metaphysics that is not conducive to resistance and liberatory projects. Following a strain of hybrid thinking in feminist and post-colonial theory, I outline an alternative pluralist logic that confronts oppressive binaries that impede theory work in gender, sexuality, and race theory, and limit political action and resistance. The problem of exclusion is neither irresolvable nor is it essentialism. Instead it is a denial of subjectivity due to pseudodualistic self/Other dichotomies that can be resisted by adopting a new categorial logic. While this paper focuses on the specific problem of formulating a category of ‘woman’, it has implications for other areas of gender, critical race, and postcolonial theory. Rather than working toward an inclusive category founded on sameness, theorists need to develop independent and positive categories grounded in difference. Our current categorial logic does not permit such a project, and therefore a new metaphysics must be adopted. (shrink)

This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...) v Edmondson SKQB (2003). Both were sexual assault cases. In George a thirty-five year old woman with five children was tried and ultimately acquitted of sexual assault and sexual interference after she was assaulted in her home by a fourteen year old male. Striking similarities between the reasoning and language in the trial decision in George and the sentencing decision in Edmondson demonstrate entrenched antipathy for sexual assault law and the fundamental principles of justice, equality, and impartiality. This is arguably judicial misconduct, persisting despite access in the interim to many years of judicial education programming, not merely legal error. The problem does not lie with the judge alone, however. A toxic mix of misogyny and blindly zealous enforcement of the law appears to have undermined the administration of justice in George from the outset at all levels. The problems are systemic. Were this not the case, it is likely that Barbara George would not have been charged. (shrink)

Many feminists (e.g. T. Bettcher and B. R. George) argue for a principle of first person authority (FPA) about gender, i.e. that we should (at least) not disavow people's gender self-categorisations. However, there is a feminist tradition resistant to FPA about gender, which I call "radical feminism”. Feminists in this tradition define gender-categories via biological sex, thus denying non-binary and trans self-identifications. Using a taxonomy by B. R. George, I begin to demystify the concept of gender. We (...) are also able to use the taxonomy to model various feminist approaches. It becomes easier to see how conceptualisations ofgender which allow for FPA often do not allow for understanding female subjugation as being rooted in reproductive biology. I put forward a conceptual scheme: radical FPA feminism. If we accept FPA, but also radical feminist concerns, radical FPA feminism is an attractive way of conceptualising gender. (shrink)

Talk of gender identity is at the core of heated current philosophical and political debates. Yet, it is unclear what it means to have one. I examine several ways of understanding this concept in light of core aims of trans writers and activists. Most importantly, the concept should make good trans people’s understanding of their own gender identities and help understand why misgendering is a serious harm and why it is permissible to require information about people’s gender identities in public (...) life. I conclude that none of the available accounts meets these essential criteria, on the assumption that the gender norms of femininity and masculinity are unjustified. But we can, and should, pursue the feminist project without “gender identity”. Such feminism can include trans people because it is possible to account for the specific harm of misgendering without assuming a claim to the recognition of our gender identities. I conclude that we should eliminate the concept of “gender identity.” To understand the phenomena that are putatively captured by “gender identity,” we are better off employing other concepts, such as “sexual dysphoria,” (assigned or aspirational) “gender roles,” and (internalised or endorsed) “gender norms”. These concepts can usefully replace “gender identity” in an individual evaluation of each of the trans people’s claims to inclusion into particular spaces. (shrink)

Trans and gender-nonconforming people sometimes say that certain gender norms are authentic for them. For example, a trans man might say that abiding by norms of masculinity tracks who he really is. Authenticity is sometimes taken to appeal to an essential, pre-social “inner self.” It is also sometimes understood as a moral notion. Authenticity claims about gender norms therefore appear inimical to two key commitments in feminist philosophy: that all gender norms are socially constructed, and that many domains (...) of gender norms are both morally and prudentially bad. I argue that that this apparent tension is illusory. Concordant with existing trans narratives of authenticity, I articulate an existentialist view that understands authenticity as a socially embedded, constructive project undertaken in a non-ideal social world, rather than a reflective uncovering of a pre-given, essential self. I then show that authenticity and morality can come apart; what is authentic for someone need not be either morally good or good for them. I conclude that the authenticity of gender norms does not cut against the feminist commitments that I identify. This conclusion enables a theoretical space that is both respectful of trans experience and critical of dominant gender norms, an important liberatory goal. (shrink)

The continuous demand for Gendering Caste: Through a Feminist Lens led to this revised edition which analyses the recent socio-economic and political changes that have taken place. Caste-based marriage and control over women's sexuality have been crucial for the continuation of the caste system in India. Thus, caste and gender are linked. Brutal reprisals have followed when dalits and women have tried to challenge caste-based marriage and inequality which allots strict rules of conduct for women and all dalits. Maithreyi (...) Krishnaraj, the Series Editor, highlights the author’s discussion on the new ways in which caste violence targets women and on the changes within the family—immediate and extended—that still keep women subservient to caste norms. She points to the new discussion on an economy in transition to capitalism, and persistent conflicts over religion, language, ethnicity and other differences that relate to gender. The book also includes a new ‘Afterword: Caste and Gender in the New Millennium’, which provides an updated discussion on the Scheduled Castes and Scheduled Tribes Act 1989. Erudite, yet accessible, this book enables the reader to understand the ramifications of caste today. (shrink)

Gender, sexuality and embodiment in digital spheres have been increasingly studied from various critical perspectives: From research highlighting the articulation of intimacies, desires, and sexualities in and through digital spaces to theoretical explorations of materiality in the digital realm. With such a high level of (inter)disciplinarity, theories, methods, and analyses of gender, sexuality, and embodiment in relation to digital spheres have become highly diversified. Aiming to reflect this diversity, this special issue brings together innovative and newly developed theoretical, empirical, analytical, (...) and critical approaches in the study of gender, sexuality, and embodiment in digital spheres. By connecting intersectionality and digitality to one another, it adopts an integrated approach that reflects the intricacy and interconnectedness of social categories and markers of difference, privilege, performance, and discrimination. The contributions explore a range of differently situated digital cultural practices, including intimate and sexual experiences with(in) digital media, online self-presentation, expressions of digital resistance, and forms of backlash and online attacks. What connects all these articles, is their critical approach to intersectional inequalities and privileges in relation to digitality, plus their nuanced perspective on gender, sexuality, and embodiment interferentially. The final article is based on a roundtable discussion and aims to encourage interdisciplinary connections and suggests ways of doing research that builds bridges between academia and activism. (shrink)

Socialization enforces gendered standards of politeness that encourage men to be dominating and women to be deferential in mixed-gender discourse. This gendered dynamic of politeness places women in a double bind. If women are to participate in polite discourse with men, and thus to avail of smooth and fortuitous social interaction, women demote themselves to a lower social ranking. If women wish to rise above such ranking, then they fail to be polite and hence, open themselves to a wellspring of (...) social discord, dissention, and antagonism. The possibility for women’s politeness in mixed-gender conversation threatens more than cooperation, it undermines the possibility for self-respect and autonomy. (shrink)

Although moral philosophers have argued that shame is a valuable moral emotion, feminist philosophers have been skeptical. From the feminist perspective, shame appears to be an emotion more mediated by social circumstances than moral philosophers acknowledge. It is, they will argue, not an accident that shame occurs more frequently in people with marginalized identities. If who I am is a social subordinate, this would explain why women feel more shame. This argument relies on the assumption that the reason (...) women feel more shame is because they internalize negative social judgments about themselves. Although this explanation is tempting, in this chapter I want to evince a skeptical position against it. I want to put pressure on the claim that women internalize their oppression and that this process explains their shame. Instead, I argue that their shame can be explained by the difficulties of navigating one’s identity under conditions of oppression. (shrink)

This paper argues that participating exclusively or predominantly in heterosexual romantic or sexual relationships is prima facie morally impermissible. It holds that this conclusion follows from three premises: (1) gender norms are on-balance harmful; (2) conforming to harmful social norms is prima facie morally impermissible; and (3) participating exclusively or predominantly in heterosexual romantic or sexual relationships is a way of conforming to gender norms.

Deadgirl (2008) is based around a group of male teens discovering and claiming ownership of a bound female zombie, using her as a sex slave. This narrative premise raises numerous tensions that are particularly amplified by using a zombie as the film's central victim. The Deadgirl is sexually passive yet monstrous, reifying the horrors associated with the female body in patriarchal discourses. She is objectified on the basis of her gender, and this has led many reviewers to dismiss the film (...) as misogynistic torture porn. However, the conditions under which masculinity is formed here—where adolescent males become “men” by enacting sexual violence—are as problematic as the specter of the female zombie. Deadgirl is clearly horrific and provocative: in this article I seek to probe implications arising from the film's gender conflicts. (shrink)

This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual (...) activity, with a specific person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well -- acquaintances, supervisors or co-workers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges, to truncate legal analysis of the facts and leap to erroneous conclusions about “consent.” Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of pre-judgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used. (shrink)

The sex/gender distinction is a staple of feminist philosophy. In slogan form: sex is “natural,” while gender is the “social meaning” of sex. Considering the importance of the sex/gender distinction—which, here, I neither endorse nor reject—it’s interesting to ask if philosophers working on the metaphysics of sexuality might make use of an analogous distinction. In this paper, I argue that we ought to endorse the sexual orientation/identity distinction. In particular, I argue that the orientation/identity distinction is indispensable to (...) normative explanations regarding LGBTQIA+ oppression and resistance. As a case study, I consider the oppression involved in the gentrification of historic queer neighborhoods. (shrink)

Are rights to privacy consistent with sexual equality? In a brief, but influential, article Catherine MacKinnon trenchantly laid out feminist criticisms of the right to privacy. In “Privacy v. Equality: Beyond Roe v. Wade” she linked familiar objections to the right to privacy and connected them to the fate of abortion rights in the U.S.A. (MacKinnon, 1983, 93-102). For many feminists, the Supreme Court’s decision in Roe v. Wade (1973) had suggested that, notwithstanding a dubious past, legal rights (...) to privacy might serve feminist objectives, and prove consistent with sexual equality. By arguing that Roe’s privacy justification of abortion rights was directly responsible for the weakness and vulnerability of abortion rights in America, MacKinnon took aim at feminist hopes for the right to privacy at their strongest point. Maintaining that Roe’s privacy justification of abortion is intimately, and not contingently, related to the Supreme Court’s subsequent decision in Harris v. McRae, (1980) MacKinnon concluded that privacy rights cannot be reconciled with the freedom and equality of women, and so can have no place in a democracy.1 In Harris, the Supreme Court held that the State need not provide Medicaid coverage for abortions that are necessary to preserve the health, but not the life, of a pregnant woman, effectively depriving poor women of almost all state aid for abortions.2 Moreover, the Court’s subsequent decision in Bowers v . Hardwick (1986) appeared to confirm the truth of MacKinnon’s observation – though this case concerned gay rights, rather than abortion rights, and occurred several years after MacKinnon’s condemnation of Harris. -/- This paper examines MacKinnon’s claims about the relationship of rights to privacy and equality in light of the reasoning in Harris and Bowers. When we contrast the Majority and Minority decisions in these cases, it shows, we can distinguish interpretations of the right to privacy that are consistent with sexual equality from those that are not. This is not simply because the two differ in their consequences – though they do - but because the former, unlike the latter, rely on empirical and normative assumptions that would justify sexual inequality whatever right they were used to interpret. So while I agree with MacKinnon that the Majority’s interpretation of the right to privacy in Harris is inconsistent with the equality of men and women, I show that there is no inherent inconsistency in valuing both privacy and equality, and no reason why we must chose to protect the one, rather than the other. Indeed, an examination of MacKinnon’s article, I suggest, can help us to see why rights to privacy can be part of a scheme of democratic rights, and how we might go about democratising the right to privacy in future. To avoid confusion I should emphasise that my arguments are of a philosophical, not a legal, nature. Thus, I will be ignoring the specifically legal and constitutional aspects of MacKinnon’s article, and of the Supreme Court decisions, in order to bring their philosophical significance into focus. -/- . (shrink)

In this article I analyse two complaints of white vilification, which are increasingly occurring in Australia. I argue that, though the complainants (and white people generally) are not harmed by such racialized speech, the complainants in fact harm Australians of colour through these utterances. These complaints can both cause and constitute at least two forms of epistemic injustice (willful hermeneutical ignorance and comparative credibility excess). Further, I argue that the complaints are grounded in a dual misrecognition: the complainants misrecognize themselves (...) in their own privileged racial specificity, and they misrecognize others in their own marginal racial specificity. Such misrecognition preserves the cultural imperialism of Australia’s dominant social imaginary—a means of oppression that perpetuates epistemic insensitivity.Bringing this dual misrecognition to light best captures the indignity that is suffered by the victims of the aforementioned epistemic injustices. I argue that it is only when we truly recognize difference in its own terms, shifting the dominant social imaginary, that “mainstream Australians”can do their part in bringing about a just society. (shrink)

What’s important about ‘coming out’? Why do we wear business suits or Star Trek pins? Part of the answer, we think, has to do with what we call agential identity. Social metaphysics has given us tools for understanding what it is to be socially positioned as a member of a particular group and what it means to self-identify with a group. But there is little exploration of the general relationship between self-identity and social position. We take up this (...) exploration, developing an account of agential identity—the self-identities we make available to others. Agential identities are the bridge between what we take ourselves to be and what others take us to be. Understanding agential identity not only fills an important gap in the literature, but also helps us explain politically important phenomena concerning discrimination, malicious identities, passing, and code-switching. These phenomena, we argue, cannot be understood solely in terms of self-identity or social position. (shrink)

In this essay, I draw on Kant’s legal philosophy in order to defend the right to voluntary motherhood by way of abortion at any stage of pregnancy as an essential feature of women’s basic rights. By developing the distinction between innate and acquired right in Kant’s legal philosophy, I argue that the viability standard in US law (as established in Planned Parenthood v. Casey) misunderstands the nature of embodied right. Our body is the site of innate right; it is the (...) means through which we can set and pursue ends in the world. The law, therefore, cannot adjudicate the relationship between the will and the body: it cannot require us to allow our bodies to be used against our will. By comparing unwanted pregnancy to sexual assault, I problematize the notion that consent to pregnancy, like consent to sex, can ever be conclusive. I examine Kant’s own account of unwanted pregnancy, in which he describes mother and child finding themselves “in a state of nature” in order to rethink the status of the fetus in law, and I argue that we should understand the fetus’s right to life as provisional, rather than as enforceable by law. (shrink)

During the past two decades or so, the emergence and ever-accelerating development of digital media have sparked scholarly interest, debates, and complex challenges across many disciplines in the social sciences and the humanities. Within this diverse scholarship, the research on digitality, gender, sexuality, and embodiment has contributed substantially to many academic fields, such as media studies, sociology, religion, philosophy, and education studies. As a part of the special issue “Gender, Sexuality, and Embodiment in Digital Spheres: Connecting Intersectionality and Digitality,” this (...) roundtable consists of a conversation between five researchers from different (inter)disciplinary locations, all addressing matters of methodology, intersectionality, positionality, and theory in relation to the topics of gender, sexuality, and embodiment in digital spheres. Said roundtable begins with a critical self-positioning of the participants’ (inter)disciplinary and embodied locations using examples from their own research. The conversation then progresses to how these researchers have employed contemporary theories, conceptual vocabularies, methods, and analyses of gender, sexuality, and embodiment in digital spheres to then conclude with some ethico-political notes about collaborations between scholars and (digital) activists. (shrink)

Both books published in 1996 explore the role that gender plays in the psychology of art (dealing with both making and viewing), complicating current philosophical distinctions between the aesthetic and the cognitive, and providing new insights into basic topics in the history and psychology of perception, representation, and disinterestedness.

Sarah Coakley’s God, Sexuality, and the Self constitutes a major intervention in the debate over the role of religion in the modern world. Coakley criticizes Christians who reject modernity altogether, arguing that Christian thought should remain in conversation with secular sources. At the same time, she claims that only theology can solve difficulties of widespread concern - for instance, concerning gender and sexuality. Where this suggests that theology is still superior, I argue that the strict distinction Coakley draws between (...) theology and the secular is at odds with the momentum of her approach. On Coakley’s own terms, theology cannot claim superiority over the secular because the boundary between them is necessarily blurry. (shrink)

In January 1995, at the age of 22, Annabel Chong (whose real name is Grace Quek), a former pornographic actress/director set a world record (which has since been topped) for having the most number of sex acts, 251 with about 70 men, over a period of about ten hours, for a film called the World’s Biggest Gangbang. Chong claims in subsequent interviews that more than anything else, she did it to challenge the stereotypical notion that female sexuality is passive—that women (...) like to be “seduced, kissed and cuddled, and [are] basically biologically monogamous”. She quips that “if a guy did 251 women in one day . . . everyone would think he’s a real stud”; But if a girl does the same “she’s considered a terrible slut.” This paper is my attempt to investigate what Annabel Chong’s dissent means for feminism: Is Annabel Chong the quintessential feminist, defying an oppressive system, asserting her individuality, redefining the parameters of a gender-determined sexuality? Or is she a victim of her own misguided ideals, objectifying herself in the belief that this affirms her subjectivity, submitting herself to domination to reclaim control, eventually propagating the same oppressive system she professes to end? I want to approach this inquiry using Foucault’s framework of power-discourse-sexuality for two reasons: First, I believe that Foucault’s genealogy of sexuality successfully exploits how sexuality as a discursive construct is used as a technique of control; Second, I believe that Foucault provides us a way of understanding how an individual responds to various systems of control, as well as a framework that explains the many power relations that determine an individual’s mode of existence. However, since in effect, I would be presenting a Foucauldian analysis of the gendered experience of a feminist subject, I find it necessary to first overcome what I consider as theoretical barriers, alluding to the ongoing debate concerning the usefulness of Foucault’s framework for feminists. To address this issue, I will present a brief survey of the criticisms directed to the inadequacy of Foucault’s theory of the subject posed by some notable feminists, as well as the proposed resolutions to them. This also establishes the framework on which I ground my inquiry. My contention is that to some extent these criticisms have already been resolved, and that it is now possible to present an analysis of the gendered experience of the feminist subject using a Foucauldian framework. (shrink)

This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about (...) whether a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by s. 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded on their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable” given what the accused knew, the legal definition of consent in section 273.1 is easily over-looked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. -/- That is precisely what we see here; the result is often failure to enforce the law. The author proposes: -/- (a) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and -/- (b) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent. (shrink)

Erotic Nights of the Living Dead (1980) may have featured both animated corpses and hardcore sex scenes, but only recently have Re-Penetrator (2004) and Porn of the Dead (2006) managed to fully eroticise the living dead, allowing these creatures to engage in intercourse. In doing so, the usually a-subjective zombie is allotted a key facet of identity - sexuality. This development within the sub-genre needs accounting for outside of the contexts of porn studies, where it has only been briefly touched (...) upon in relation to its "extremity". -/- Moreover, the gendering of the undead opens a discussion which expand the horizons of zombie studies away from the overt critiques of capitalism, race and psychoanalysis that have pervaded analyses of these narratives. The dichotomy of binary oppositions so often associated with psychoanalytic approaches dictates that "passive (non-phallic) = female", and "active (phallic) = male". In these terms, the zombies are feminine - soft-bodied and passive, despite their murderous intent (which has been accounted for, by Barabara Creed (1993) amongst others, by invoking the vagina-dentata motif). Humans (active) are deemed masculine, not least since they tend to dispatch zombies with "phallic guns". Taking this logic to an extreme, the zombie may be read as allegorising feminism: the "feminised" figures (zombies) become fearsome in their will to exert themselves despite their seeming disempowerment in the face of "masculine" hegemony. Ultimately, by grouping together as a force, they overthrow or at least significantly damage that "normality" (an ideological paradigm usually read in terms of race, class and economics). (shrink)

1. The most original discovery in Beauvoir’s book is one more Columbus’s egg, namely that it is far from evident that a woman is a woman. That is, she discovers that a woman is the result of a process that made so that she is like she is. The paper discusses two aspects of the so-to-say ‘ideology’ inspiring the work. The first is its ideology in the proper, Marxian sense. My claim is that the work still pays a heavy price (...) to the dominating ideology. It leaves still too much unquestionedof what was assumed at the time to be obvious, necessary, and unchanging. This ballast depends firstly on the inherited prevailing climate of opinion, corresponding to a situation of alienation, producing two distorted views of the male and female gender. On the other hand, it depends on an unquestioned legacy from the modern episteme (in Foucault’s sense of the word) carrying presupposed Cartesian dualism. The other side of the work’s ideology, that is, the positive program presented or better the utopia it formulates is less innovative than it could be, In a few passages, where she seems to make use of suggestions from Merleau-Ponty, she points at a view where the bodily and emotional dimension is rescued from its negation in the male-dominated Capitalist society. Still, these suggestions are forgotten in the bulk of the work. -/- 2. The making of a philosophical work does not depend just on the kind of philosophical influences behind it. A book is also the product of an author with a story living in one society at a given time of social history. In this case, the book was written in the afterwar time when women were pushed back home again from the wartime labor market and when several of the goals reached by the first phase of feminist movements had gone lost in several European countries under Fascist or semi-fascist regimes and were being eroded in America by the reactionary climate of McCarthyism. It was a book written by an intellectual young woman in almost total isolation. These circumstances account for some more naïve suggestions from work: for ex., the idea that the alternative to the strategy once adopted by nineteenth-century emancipationist movements should be an individual inner process of transformation confined within the boundaries of one woman’s consciousness, or also, the idea that the goal of women’s liberation should be to bring all women to a condition similar of Simone de Beauvoir herself who, as an educated woman, earning her life by her work, and living in an allegedly equal state with an enlightened man (Jean-Paul Sartre!) in a relationship free from constraints (an unmarried couple!), was already exemplifying what a liberated woman’s life would be. -/- 3. The reconstruction of the idea of femininity is still the most fruitful part of the work. It rejects the notion of femininity as an essence depending on biology or other factors and explores the making of this image as a result of a condition made of the social and economic state of affairs but as revived and actively mirrored through and by the consciousness of the very subjects suffering an oppressive situation. And the main novelty is the ‘discovery’ of asymmetry between the self-image of the male and the (self)-image of the woman, an asymmetry depending on the fact that the woman sees herself through the other’s eyes. -/- 4. Later feminist writers such as Shulamit Firestone remarked that 'The Second Sex' heavily depended on several key-ideas from Sartre existential ontology. One crucial aspect is accepting the mind-body dualistic framework without any suspicion that such dualism could have been itself a projection of the basic experience of the male-female duality. I suggest that the philosophical legacy inherited from Sartre is on occasion an asset for Beauvoir’s innovative existential analysis of the feminine ‘condition,’ but on several occasions, it creates unnecessary obstacles for her project of a new comprehension of the feminine ‘situation,’ aimed at rescuing women from an 'inauthentic' self-definition. -/- 5. The first among these poisoned gifts is Sartre’s idea of the individual as pure freedom and project. Merleau-Ponty’s criticism is well-known: Sartre draws a picture of the world as containing no more than ‘human beings and things,’ thus denying any substance to social relations, institutions, and culture. -/- 6. The second is Sartre’s reconstruction of dialectics, understood as dialectics without synthesis. This is an enlightening tool when used to describe conflicts, in so far as it accounts for the emergence of the ‘other’ as what is excluded. But it becomes a boomerang when used to interpret any kind of relationship, leading to equate inter-subjectivity with conflict. -/- 7. Suggestions coming from Merleau-Ponty’s phenomenological approach of positive value of the bodily dimension as such, and hence of the feminine body, are evoked here and there but never fully spelled out. The most shocking consequence of acceptance of the Cartesian or Sartrean dualist view is an almost total de-evaluation of sexuality, understood as an activity involving just one tiny part of the human body, going with the idea that overcoming the oppression of women implies de-empathizing biological differences that are after all tiny and devoid of value. Besides, Beauvoir falls back into the trap of grounding claims of equality between men and women on the assumption that biological differences are of limited relevance. The eventual reason for such a step back is the distorting Cartesian mirror into which Beauvoir still looks in the vain hope of discovering a disembodied self as the (Cartesian) subject of an impossible kind of liberation.The first among these poisoned gifts is Sartre’s idea of the individual as pure freedom and project. Merleau-Ponty’s criticism is well-known: Sartre draws a picture of the world as containing no more than ‘human beings and things’, thus denying any substance to social relations, institutions and culture. The second is Sartre’s reconstruction of dialectics, understood as a dialectic without a synthesis. This view of dialectics is an enlightening tool when used to describe conflicts. It may account for the emergence of the ‘other’ as what is excluded. However, it becomes a boomerang when used to interpret any relationship, leading to equate inter-subjectivity with conflict. Suggestions coming from Merleau-Ponty’s phenomenological approach would tend to admit that the bodily dimension as such has a positive value, and hence the feminine bodily dimension is not just indifferent, but instead gives women a point of view on the world different from the male point of view. These suggestions, yet, are evoked here and there but never fully spelt out. The most shocking consequence of acceptance of the Cartesian or Sartrean dualist view is an almost total de-evaluation of sexuality, understood as an activity involving just one tiny part of the human body, going with the idea that overcoming the oppression of women implies understressing biological differences that are after all tiny and devoid of value. Furthermore, Beauvoir falls back into the trap of grounding claims of equality between men and women on the assumption that physical differences are of limited relevance. The eventual reason for such step back is the distorting Cartesian mirror into which Beauvoir still looks in the vain hope of discovering a disembodied self as the (Cartesian) subject of an impossible kind of liberation. -/- . (shrink)

The primary aim of this essay is to investigate modalities of resistance to sexual violence. It begins from the observation that the nature of what we understand ourselves to be resisting—that is, how we define the scope, content, and causes of sexual violence—will have profound implications for how we are able to resist. I critically engage one model of resistance to sexual violence: feminist philosophical scholarship on self-defense, highlighting several shortcomings in how the feminist (...) self-defense discourse inadvertently frames sexual violence. Holding these criticisms in mind, I expand the landscape of resistance to sexual violence by considering the new possibilities that empathy might offer. The work of two contemporary women of color feminists—Roxane Gay and Tarana Burke—launches further exploration of empathy’s alternative modes of resistance. By focusing on empathy between survivors of sexual violence, we can expand our understanding of the possibilities of resistance by redistributing and broadening our attention in three main ways: from action to affect and attitude, from a spatially and temporally limited event to something more expansive, and from the individual through the interpersonal to the structural. (shrink)

An enduring source of skepticism towards Kant’s practical philosophy is his deep conviction that morality must be understood in terms of universality. Whether we look to Kant’s fundamental moral principle (the Categorical Imperative) or to his fundamental principle of right (the Universal Principle of Right), universality lies at the core of the analyses. A central worry of his critics is that by making universality the bedrock of morality in these ways, Kant fails to appreciate the importance of difference in individual (...) lives, societies, and legal-political institutions when these are realized well. Below I argue that Kant’s philosophy neither advocates moralized hyper-reflective, alienating ways of being nor seeks to justify Kant’s own and others’ prejudices in the name of morality’s universality. To see this, we need to understand both Kant’s account of human nature – of the predisposition to good and the propensity to evil – and how Kant’s theory of freedom sets the moral framework within which important non-moralizable concerns of human nature are accommodated. We can then appreciate the ways in which Kant sees both unreflective and reflective normative elements as working together as an integrated whole in emotionally healthy, morally good human beings, historical cultures, and legal-political institutional systems. (shrink)

This review examines Burke's phenomenological analysis of normative femininity, examining how femininity is implicated in both historical and present racial violence. It lauds Burke's analysis of the temporality of gendered experience—in the Beauvoirean tradition of feminist phenomenology—but it criticizes Burke for coming up short in the critical aspect of their project. It closes with some methodological reflections about doing effect critical phenomenology.

Ordinary discourse is filled with discussions about ‘sexual orientation’. This discourse might suggest a common understanding of what sexual orientation is. But even a cursory search turns up vastly differing, conflicting, and sometimes ethically troubling characterizations of sexual orientation. The conceptual jumble surrounding sexual orientation suggests that the topic is overripe for philosophical exploration. This paper lays the groundwork for such an exploration. In it, I offer an account of sexual orientation – called ‘Bidimensional Dispositionalism’ (...) – according to which sexual orientation concerns what sex[es] and gender[s] of persons one is disposed to sexually engage, and makes no reference to one’s own sex and gender. (shrink)

Despite the diversity of viewpoints throughout the history of philosophy on the subject of blame, one thing philosophers appear to agree on is that blame is an irreducible feature of experience. That is to say , no philosophical approach makes the claim to have entirely eliminated the need for anger and blame. On the contrary, a certain conception of blameful anger is at the very heart of both modern and postmodern philosophical foundations. As a careful analysis will show, this is (...) true even for those philosophical arguments that pop up from time to time extolling the virtues of moving beyond blame and anger. In this paper, I assert that all forms of blame, including the cool, non-emotional, rational desire for accountability and justice and well as rageful craving for vengeance, are grounded in a spectrum of affective comportments that share core features. This affective spectrum includes irritation, annoyance, hostility, disapproval, condemnation, feeling insulted, taking umbrage, resentment, anger, exasperation, impatience, hatred, fury, ire, outrage, contempt, righteous indignation, ‘adaptive’ or rational anger, perceiving the other as deliberately thoughtless, rude, careless, negligent, complacent, lazy, self-indulgent, malevolent, dishonest, narcissistic, malicious, culpable, perverse, inconsiderate, intentionally oppressive, anti-social, hypocritical, repressive or unfair, disrespectful, disgraceful, greedy, evil, sinful, criminal, a miscreant. Blame is also implicated in cooly, calmly and rationally determining the other to have deliberately committed a moral transgression, a social injustice or injustice in general, or as committing a moral wrong. -/- I challenge the reader to recognize that every time you experience any of the blameful attitudes, emotions and assessments I mentioned above, you are displaying your own failure of understanding. I challenge you to do away with your need for concepts of blame, anger and punitive justice in any of their philosophical guises, and with them the equally unctuous discourses of forgiveness. -/- Anger is neither inherently immoral nor irrational and destructive, but represents a limited understanding of human behavior. To the extent that concepts of ethico-political justice imply appraisal of blameful, guilty intent, they also represent a failure of understanding and a form of violence and an impetus of conformity. There’s no such thing as adaptive, moral or righteous blame or anger. Modern legal concepts of justice, to the extent they imply blame, depend on an inadequate grasp of motivation and intent. (shrink)

The contemporary debate centering round the circumference of feminist discourse has of late been very potent in addressing the issues of certain prejudiced notions in our existing patriarchal structure. This paper is an attempt to show the ongoing paradox existing in the world of feminism which has thoroughly critiqued the patriarchal culture and has naturalized sexual identities, thereby glorifying man’s supremacy and dominion. The patriarchal culture lionized the ideals of brevity, courageousness, and intellect and thought of these as (...) the only special possessions of man in society. The qualities of being submissive, kind and caring in nature is considered to be “ideal” and exclusive qualities of a woman. Even though these qualities are “ideal” to women, they are discarded from being considered as universal in nature and are thought of as insignificant in the mainstream societal structure. These qualities are treated as inferior, and exclusively womanly and hence cannot make their stand in the conventional patriarchal social order. For this reason a dilemmatic situation arises here. My effort is to show that this dilemma cannot be exposed in the sense of gender specific human qualities. (shrink)

Biological sex should be “acknowledged” and “accepted”—but which responses to gender dysphoria might this preclude? Trans-identified people may factually acknowledge their biological sex and regard transition as purely palliative. While generally some level of self-deception and even a high level of nonlying deception of others are sometimes justified, biological sex is important, and there is a nontrivial onus against even palliative, nonsexually motivated cross-dressing. The onus is higher against co-opting the body, even in a minor and/or reversible way, to (...) make a false communication concerning one’s sex. Hardest to defend is the destruction of sexual–reproductive functions and causally downstream functions such as lactation: due to the transcendent nature of sexual–reproductive functions, an appeal to the “principle of totality” here is misplaced. This is not to say that social, and milder medical, transition is absolutely excluded even for severe unmanageable dysphoria, nor that subsequent to any transition, detransition is necessarily required. (shrink)

‘Gender disappointment’ is regularly reported by those whose child’s sex does not match the sex that they, the parent, desired. With symptoms ranging from mere fleeting sadness to documented cases of serious depression, alienation from one’s child, and emotional suffering, it is clear that so-called ‘gender disappointment’ is a serious issue, that has, as yet, seen little philosophical attention (though see Hendl and Browne 2020). In this chapter I explore gender disappointment, not from the perspective of a parent who ended (...) up with the child of the wrong sex at birth, but rather, from the perspective of a different kind of gender disappointment: the transgender person who grew up and only then disappointed their parents by turning out to be the ‘wrong’ gender. This perspective, I argue, reveals a great deal about the shared gender essentialism at the heart of patriarchal and cissexist ideology. Moreover, I will argue that it reveals the underlying propertarian relationship of parents to their children under contemporary capitalism – a troubling relationship that legitimates the treatment of children as objects to be designed and controlled as commodities at the whims of parents. In this way I disagree with Whyman when he writes that “a preference for having a child of one sex over the other should be considered one of those irrational things of which some sense can nevertheless be made – like aesthetic taste” (Whyman 2021, 113-114). I argue, to the contrary, that the desire for a child of one particular gender is not akin to a mere unproblematic aesthetic preference. Instead, and following the rich feminist tradition of thinking about the patriarchal origins of sexual desire, I argue that we must see these desires as troubling reflections of dominant patriarchal and cissexist ideology, underwritten by a particular neoliberal capitalist mode of production. Moreover, we can seek to change those desires. (shrink)