This article argues that political injustices can arise from the distribution and character of our sexual desires and that we can be held responsible for correcting these injustices. It draws on a conception of structural injustice to diagnose unjust patterns of sexual attraction, which are taken to arise when socio-structural processes shaping the formation of sexual desire compound systemic domination and capacity-deprivation for the occupants of a social position. Individualistic and structural solutions to the problem of unjust patterns of sexual (...) attraction are assessed in the context of racialised sexual aversion, racial fetishism, and the desexualisation of people with disabilities. While both forms of intervention can help in principle, some of the advantages of structural approaches are laid out. A schema for assigning political responsibilities for addressing this injustice is proposed, with some limits identified to the kinds of state and social responses that are justified. Finally, the status of the merely aesthetically unappealing is considered, with a relational egalitarian approach concluding that they are subject to structurally unjust patterns of sexual desire only when exposed to oppression or second-class citizenship as a result. (shrink)

Miller analyzes the relationship between consent and autonomy by offering three pictures. For autonomy, Miller distinguishes between procedural, substantive, and weak substantive autonomy. The corresponding views of consent are what Miller has termed as consensual minimalism, consensual idealism, and consensual realism. The requirements of sexual consent under consensual minimalism are a voluntary informed agreement. However, feminist critiques reveal the inadequacies of this simple position. Consensual idealism, which corresponds with substantive autonomy, offers a robust picture where consent and autonomy must be (...) based on non-oppression. However, this view is considered too ideal and it ignores context. Weak substantive autonomy takes into account the context in the sexual domain. Correspondingly, consensual realism takes into account the context and still fulfills the requirements of consent. (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)

Although the idea that sexual violence is a “structural” problem is not new, the lack of specification as to what that entails blocks effective responses to it. This paper illustrates the concept of sexual violence as structural in the sense of containing a type of moral wrong called “structural wrong” and discusses its practical implications. First, I introduce a distinction between two types of moral wrongs—interactional wrongs and structural wrongs—and I argue that the moral problem of sexual violence includes both (...) types, each of which calls for a different set of moral responses. Second, drawing on Iris Marion Young’s social connection model of responsibility, I argue that recognizing the structural-wrong element of sexual violence does not reduce individual perpetrators’ responsibility for it. Instead, it implies that a broader group of agents are required to join collective actions to reform the social structure. I conclude by evaluating some preventive programs against sexual violence through the lens of structural wrongs and providing directions to advance them. (shrink)

Este ensayo presenta una descripción de los escritos inéditos de Jacques Derrida sobre Marx y Louis Althusser en la década de 1970, y un estudio de conceptos como ideología, diferencia sexual, reproducción, violencia, dominación o hegemonía en perspectiva deconstructiva. Se trata de pensar en una otra economía, más allá de la economía del cuerpo propio. El artículo fue publicado en el Volumen 7 de la Revista Demarcaciones, "a 25 años de Espectros de Marx.".

The paper follows an ontological approach in analyzing sexual experience. Sexual experience is defined as: (i) an experience in action. Correspondingly, its individuals are of two different types: (a) sense-data and (b) gestures. (ii) It is a kind of knowledge—a typical synthetic a posteriori knowledge (a virgin cannot know what sexual experience could be). (iii) It is a kind of anti-realist knowledge—its objects are constructed in the process of knowing. (iv) Sexual action proceeds in judgments that are micro-decisions of how (...) to proceed further. (v) The objects of sexual experience are seen in a specific perspective. This makes their meaning different from the meaning of physical objects. (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)

Is there a choice in sexual orientation? [Wilkerson, William S. : “Is It a Choice? Sexual Orientation as Interpretation”. In: Journal of Social Philosophy 40. No. 1, p. 97–116] argues that sexual desires require interpretation in order to be fully constituted, and therefore sexual orientation is at least partially constituted by choice. [Díaz-León, Esa : “Sexual Orientation as Interpretation? Sexual Desires, Concepts, and Choice”; In: Journal of Social Ontology] critically assesses Wilkerson’s argument, concluding that we still lack a good argument (...) for the claim that choice plays a role in sexual orientation. Here I examine Díaz-León’s response to Wilkerson. I introduce what I call the conceptual act theory of sexual orientation, and argue that even if interpretation were not necessary to constitute sexual desires, it is a necessary element to constitute what we call sexual orientation. However, I conclude that even if we agree that interpretation is involved in sexual orientation, it does not follow that there is a choice involved. (shrink)

The essay approaches the gendered relations of sexual difference and their unsuspected effectsat the Federal Institute of Education, Science and Technology of Pará, BelémCampus. Writteninthe first person, it exposes the teacher/researcher's experiences andsharedsituations,glimpsing embodied maps that shout out the violence not confronted at the level of theinstitution. In dialogue with feminist and queer theorists, I seek to expose sexist cardinalpoints and propose an alternative centered on the politicization of prostituted ­ and destitute ­bodies. The conclusion exposes the mutilating framework of (...) a standardizing map that projectslimited futures for students/teachers/technicians who experience reduced diversity. However,it is also an invitation to reimagine ­ through a process of rebellion ­ another collectivecartography, a cartography of. (shrink)

Sexual lust – understood as a feeling of sexual attraction towards another – has traditionally been viewed as a sort of desire or at least as an appetite akin to hunger. I argue here that this view is, at best, significantly incomplete. Further insights can be gained into certain occurrences of lust by noticing how strongly they resemble occurrences of “attitudinal” (“object-directed”) emotion. At least in humans, the analogy between the object-directed appetites and attitudinal emotions goes well beyond their psychological (...) structure to include similar ways in which their occurrence can be introspectively recognized, resulting in similar extensions of their functionality and meaningfulness to the subject. I conclude that although further research is needed, given the strength of the analogy, the ability of lust to satisfy some general requirements for being an emotion, and perhaps certain neurological findings, lust may somewhat uniquely straddle the line between appetite and emotion. (shrink)

I defend an account of sexual orientation, understood as a reflexive disposition to be sexually attracted to people of a particular biological Sex or Sexes. An orientation is identified in terms of two aspects: the Sex of the subject who has the disposition, and whether that Sex is the same as, or different to, the Sex to which the subject is disposed to be attracted. I explore this account in some detail and defend it from several challenges. In doing so, (...) I provide a theoretical framework that justifies our continued reference to Sex-directed sexual orientation as an important means of classifying human subjects. (shrink)

This chapter delineates several distinct (and often problematically conflated) kinds of sexual exclusion: (1) lack of access to sexual gratification or pleasure, (2) lack of access to partnered sex, and (3) lack of social/psychological validation that comes from being seen as a sexual being. Liberman offers proposals about what our collective responses to these harms should be while weighing in on debates about whether there are rights to various kinds of sexual goods. She concludes that we ought to provide mechanical (...) assistance to those who are incapable of self-stimulation, enhance access to sexual education for everyone, and engage in a systematic effort to change the harmful social norms, stereotypes, and cultural ideals that drive exclusion from partnered sex and can lead to social invalidation. (shrink)

In men and women sexual arousal culminates in orgasm, with female orgasm solely from sexual intercourse often regarded as a unique feature of human sexuality. However, orgasm from sexual intercourse occurs more reliably in men than in women, likely reflecting the different types of physical stimulation men and women require for orgasm. In men, orgasms are under strong selective pressure as orgasms are coupled with ejaculation and thus contribute to male reproductive success. By contrast, women's orgasms in intercourse are (...) highly variable and are under little selective pressure as they are not a reproductive necessity. The proximal mechanisms producing variability in women's orgasms are little understood. In 1924 Marie Bonaparte proposed that a shorter distance between a woman's clitoris and her urethral meatus (CUMD) increased her likelihood of experiencing orgasm in intercourse. She based this on her published data that were never statistically analyzed. In 1940 Landis and colleagues published similar data suggesting the same relationship, but these data too were never fully analyzed. We analyzed raw data from these two studies and found that both demonstrate a strong inverse relationship between CUMD and orgasm during intercourse. Unresolved is whether this increased likelihood of orgasm with shorter CUMD reflects increased penile–clitoral contact during sexual intercourse or increased penile stimulation of internal aspects of the clitoris. CUMD likely reflects prenatal androgen exposure, with higher androgen levels producing larger distances. Thus these results suggest that women exposed to lower levels of prenatal androgens are more likely to experience orgasm during sexual intercourse. . (shrink)

Sex is an important part of human life. It is a source of pleasure and intimacy, and is integral to many people’s self-identity. This chapter examines the opportunities and challenges posed by the use of AI in how humans express and enact their sexualities. It does so by focusing on three main issues. First, it considers the idea of digisexuality, which according to McArthur and Twist (2017) is the label that should be applied to those ‘whose primary sexual identity comes (...) through the use of technology’, particularly through the use of robotics and AI. While agreeing that this phenomenon is worthy of greater scrutiny, the chapter questions whether it is necessary or socially desirable to see this as a new form of sexual identity. Second, it looks at the role that AI can play in facilitating human-to-human sexual contact, focusing in particular on the use of self-tracking and predictive analytics in optimising sexual and intimate behaviour. There are already a number of apps and services that promise to use AI to do this, but they pose a range of ethical risks that need to be addressed at both an individual and societal level. Finally, it considers the idea that a sophisticated form of AI could be an object of love. Can we be truly intimate with something that has been ‘programmed’ to love us? Contrary to the widely-held view, this chapter argues that this is indeed possible. (shrink)

I argue that the right to sexual satisfaction of severely physically and mentally disabled people and elderly people who suffer from neurodegenerative diseases can be fulfilled by deploying sex robots; this would enable us to satisfy the sexual needs of many who cannot provide for their own sexual satisfaction; without at the same time violating anybody’s right to sexual self-determination. I don’t offer a full-blown moral justification of deploying sex robots in such cases, as not all morally relevant concerns can (...) be addressed here; rather, I put forward a plausible way of fulfilling acute sexual needs without thereby violating anybody’s sexual rights. (shrink)

The purpose of this paper is to understand if and how interactions with Sexual Robots will modify users’ relational abilities in human-human relations. We first underline that, in today’s scholar discussion on the ‘symbolic argument’, there is no theoretical framework explaining the process of symbolic shift between human-robot interactions (HRI) and human-human interactions (HHI). To clarify the symbolic shift mechanism, we propose the concept of objectual mediation. Moreover, under the lens of Winnicott’s object-relation theory, we argue that HRI can structurally (...) modify users relationality, degrading intersubjective abilities: Sexual Robots may blurry the limit between the ‘internal object’ and the external one. We conclude that, under certain conditions, interactions with Sexual Robots may bring the user back to an infantile object-relation setting, worsening the user ability to manage relational frustration. This will negatively impact on human-human interactions and social values in general. -/- . (shrink)

Epistemic harms associated with sexual violence, such as rape and sexual assault, are often linked to the distrust of the victim's testimonies or their inability to comprehend their own experiences. This chapter aims to demonstrate that the existing literature has largely overlooked other potential epistemic harms directly stemming from sexual violence. By analyzing the cognitive changes related to the fear and anxiety experienced by many victims of sexual violence, the chapter introduces two distinct types of epistemic harms: targeted epistemic harms, (...) which result in the formation of false beliefs about the dangerousness of certain people and contexts, thereby reducing opportunities for gaining specific knowledge from the feared and avoided individuals and contexts; and structural epistemic harms, which bring about profound shifts in core assumptions regarding one’s safety in the world and the trustworthiness of others. (shrink)

Here, I examine the epistemic relation between beliefs about the nature of sexual orientation (e.g., beliefs concerning whether orientation is dispositional) and beliefs about the taxonomy of orientation categories (e.g., beliefs concerning whether polyamorous is an orientation category). Current philosophical research gives epistemic priority to the former class of beliefs, such that beliefs about the taxonomy of orientation categories tend to be jettisoned or revised in cases of conflict with beliefs about the nature of sexual orientation. Yet, considering the influence (...) of ideology on beliefs about socially significant phenomena, I argue for an epistemic reversal. (shrink)

Should positional sexual misconduct (sexual advances or interaction where one party is known, or should be known, to have a significant power over the other) be included in the list of morally forbidden behaviours? I explore benefits and costs of this moral reform with the help of J. S. Mill.

This paper interrogates the concept of sexuality within the purview of an African context by evaluating the position revolving around a conception of an African sexuality as opposed to a multivariated conceptualisation of sexualities within Africa. The paper raises critical questions as regards the concepts of an African sexuality ranging from; what constitutes the grounds for a conceptualisation of African sexuality? To what extent do the viability or non-viability of such ground answer the deep challenges as (...) it relates to alternative sexualities? How does the question of sexuality play a role in determining the ideological framework upon which intra-socio-cultural interrogations are properly built? To this end, the baseline argument of this paper, seeks to create a point of synergy between the concept of African sexuality and the dynamics of sexualities in Africa, by presenting a moderate call for the decolonization of African minds, most especially as it pertains to issues of sexuality, through an analysis of the diverse patterns within which sexuality has been conceived within the African setting. Furthermore, in reclaiming the sanctity of an African perspective, this paper argues for cultural conservatism as both a historic African phenomenon, and a more pragmatic approach towards attaining a mentally decolonized post-colonial Africa. (shrink)

Sexual abuse of minors by Catholic priests has been a persistent and widespread problem in the Church. Although more than 80 percent of victims have been boys, prior studies have rejected the idea that the abuse is related to homosexuality among priests. Available data show, however, that the proportion of homosexual men in the priesthood is correlated almost perfectly with the percentage of male victims and with the overall incidence of abuse. Data also show that while the incidence of abuse (...) is lower today than it was three decades ago, it has not declined as much as is commonly believed, and has recently begun to rise amid signs of episcopal complacency about procedures for the protection of children. (shrink)

The emerging sexual ethics that characterise the contemporary society, remains new to Africa, a phase of the erosion of African ethos, and a negation of the sacredness and classical norms of sex, which deserves to be addressed by all and sundry. It is a contemporary trend brought to fore by homosexuals, bisexuals and transsexuals, among which are the radical feminists, who indoctrinate many with the practice and continuously push very hard for legalisation and acceptance by all cultures and religions. But (...) interestingly, many cultures and religions still remain opposed to the practice and its evolved ethics since they abuse human sexuality and African ethos. Clearly, adherents and feminists of the ill-practices with the new sex ethics have lost touch with moral sanity and the metaphysical Being, God. Only worthwhile cultural traits need be borrowed into and imbibed by other cultures in contact. The rising ugly development can best be addressed through strong opposing legislations, the sustenance of cultural and moral norms and values (ethics) and attitudinal change. (shrink)

In this chapter, Natasha McKeever and Luke Brunning consider (sexual) jealousy in romantic life. They argue that jealousy is best understood as an emotional response to the threatened loss of love or attention, to which one feels deserving, because of a rival. Furthermore, the general value of jealousy can be questioned, and jealousy’s instrumental value needs to be balanced against a range of potential harms. They assess two potential ways of managing jealousy (which are not mutually exclusive)—firstly by adopting a (...) policy of monogamy and secondly by engaging in emotional work. Neither of these methods is easy, and neither will solve jealousy altogether, but Brunning and McKeever argue that the second strategy should be taken more seriously. (shrink)

Medicalisation is a social phenomenon in which conditions that were once under legal, religious, personal or other jurisdictions are brought into the domain of medical authority. Low sexual desire in females has been medicalised, pathologised as a disease, and intervened upon with a range of pharmaceuticals. There are two polarised positions on the medicalisation of low female sexual desire: I call these the mainstream view and the critical view. I assess the central arguments for both positions. Dividing the two positions (...) are opposing models of the aetiology of low female sexual desire. I conclude by suggesting that the balance of arguments supports a modest defence of the critical view regarding the medicalisation of low female sexual desire. (shrink)

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)

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)

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 eighteenth‑century English writer Matthew Gregory Lewis wrote one of the most dramatic Gothic novels, The Monk; over 200 years later, a film of the same name appeared, based on the novel and directed by Dominik Moll. The film, a free adaptation of the book, presenting the story of the moral downfall of the monk Ambrosio, has inspired us to philosophical reflections on sexuality, sensuality, and physical desire. We have attempted to analyze and interpret this cinematic work of art (...) in the context of these issues. The method we have adopted is based on a thorough discussion of the topics developed in the film and related issues. This method, while not pretending to be scientific objective, enables us to outline an interesting field of research as well as to identify a number of theoretical problems and questions that remain open. The formula we have adopted is to quote lines from the film The Monk which permits the analysis of selected issues related to sexuality, sensuality, and physical desire. Moreover, these quotes serve to order the text and enable the precise identification of interpretive trains of thought. (shrink)

Ong, Caroline There was once a strong belief amongst global HIV/AIDS organisations that the key to the prevention of the sexual transmission of HIV was condom use. Other measures such as abstinence and being loyal to one partner were seen as beneficial, but secondary. Thirty years later, the evidence is mounting that behavioural change is much more effective in halting the spread of HIV than condoms.

I begin by describing the hideous nature of sexuality, that which makes sexual desire and activity morally suspicious, or at least what we have been told about the moral foulness of sex by, in particular, Immanuel Kant, but also by some of his predecessors and by some contemporary philosophers.2 A problem arises because acting on sexual desire, given this Kantian account of sex, apparently conflicts with the Categorical Imperative. I then propose a typology of possible solutions to this sex (...) problem and critically discuss recent philosophical ethics of sex that fall into the typology's various categories. (shrink)

Desmond and Moore point out that the key to understanding Darwin’s The Descent of Man is his abolitionist motivation and his advocacy that races constitute subspecies. Roberta Millstein raises some doubts about the importance of this motivation. She points out that the inclusion of the extensive section devoted to non-human animals is not justified by Darwin’s treatment of humans per se, because his explanation of the origin of races is peculiar. In this sense, she argues that Darwin’s specific explanation of (...) the origin of races does not confirm the central importance that Desmond and Moore give to Darwin’s abolitionism. In this paper I have two different aims. On the one hand, to show that the human case actually is based on the treatment of nonhuman animals, and consequently, Darwin’s argument is not as poor as Millstein believes. My second goal, taking Millstein’s challenge seriously, is to show that Darwin’s explanation of the origin of races does confirm the Desmond and Moore thesis in a deeper sense than the one they propose themselves. For the anti-slavery motivation could not only explain the fact that Darwin sees all humans as forming the same species, but the specific explanation he gives for the origin of races. (shrink)

This chapter addresses the growing problem of unwanted sexual interactions in virtual environments. It reviews the available evidence regarding the prevalence and severity of this problem. It then argues that due to the potential harms of such interactions, as well as their nonconsensual nature, there is a good prima facie argument for viewing them as serious moral wrongs. Does this prima facie argument hold up to scrutiny? After considering three major objections – the ‘it’s not real’ objection; the ‘it’s just (...) a game’ objection; and the ‘unrestricted consent’ objection – this chapter argues that it does. The chapter closes by reviewing some of the policy options available to us in addressing the problem of virtual sexual assault. (shrink)

Philosophy and Phenomenological Research, EarlyView. Despite the acknowledgement of the moral significance of consent there is still much work to be done in determining which specific sexual encounters count as unproblematically consensual. This paper focuses on the impact of deception. It takes up the specific case of deception about one's self. It may seem obvious that one ought not to lie to a sexual partner about who one is, but determining which features of oneself are most relevant, as well as (...) the lies which it follows would be impermissible to tell, is complicated. It is argued here that deception about one's morally valenced character traits, those we think of as virtues and vices, are particularly problematic. This is true regardless of whether knowing the truth about those traits would have made a difference to one's partner's consent. Attention is then drawn to a range of types of lies that one ought not to tell. (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 article argues that access to meaningful sexual experience should be included within the set of the goods that are subject to principles of distributive justice. It argues that some people are currently unjustly excluded from meaningful sexual experience and it is not implausible to suggest that they might thereby have certain claim rights to sexual inclusion. This does not entail that anyone has a right to sex with another person, but it does entail that duties may be imposed on (...) society to foster greater sexual inclusion. This is a controversial thesis and this article addresses this controversy by engaging with four major objections to it: the misogyny objection; the impossibility objection; the stigmatisation objection; and the unjust social engineering objection. (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)

Darwin hypothesized that some animals, when selecting sexual partners, possess a genuine “sense of beauty” that cannot be accounted for by the logic of natural selection. This hypothesis has been notoriously controversial. In this chapter I propose that the concept of agency can be useful to operationalize the “sense of beauty”, and can help identify the conditions under which one can infer that animals are acting as (aesthetic) agents. Focusing on a case study of the behavior of the Pavo cristatus, (...) I identify the types of evidence that would allow for the inference of agency through aesthetic choice. (shrink)

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)

This paper establishes what constitutes a sexual interaction between two or more people. It does this by first defining a sexual activity as one in which the agent intends to satisfy a sexual desire. To understand what it means to engage in a sexual activity with another person, it draws from Bratman’s account of shared collaborative activity. A sexual interaction is defined as one in which two or more people engage in a sexual activity together, with the intention of satisfying (...) a sexual desire in a mutually responsive and mutually supportive way. The paper then uses this account to consider what things constitute sexual infidelity. The answer is a broad one: many things can count as sexual interactions and hence can be considered to be sexual infidelity. Contrary to what a lot of people think, this can include the private use of pornography. (shrink)

The capacity to engage with art is a human universal present in all cultures and just about every individual human. This indicates that this capacity is evolved. In this Critical Notice of Denis Dutton's The Art Instinct, I discuss various evolutionary scenarios and their consequences. Dutton and I both reject the "spandrel" approach that originates from the work of Gould and Lewontin. Dutton proposes, following work of Geoffrey Miller, that art is sexually selected--that art-production is a sign of a fit (...) genome in males. I argue that while assortative mating may well have had a role in the evolution of "the art instinct", group selection is a better explanation. I also take issue with Dutton's "cluster concept" approach to defining art, and argue that it is a universal and essential characteristic of art that it is appreciated both for what it expresses and for the way that it expresses. It thus requires a reflexive capacity that is not operative in the appreciation of sport spectacles and pornography. (shrink)

This essay aims to clarify the debate over same-sex unions by comparing it to the fourth-century conflict concerning the nature of Jesus Christ. Although some suppose that the council of Nicaea reiterated what Christians had always believed, the Nicene theology championed by Athanasius was a dramatic innovation that only won out through protracted struggle. Similarly, despite the widespread assumption that Christian tradition univocally condemns homosexuality, the concept of sexuality is a nineteenth-century invention with no exact analogue in the ancient (...) world. Neither heterosexuality nor homosexuality is addressed directly in Christian tradition; for this reason, the significance of older authorities for the modern debate is necessarily indirect. The dichotomy between progressive and conservative positions is therefore misguided: it is necessary neither to abandon tradition for the sake of progress nor to oppose innovation for the sake of fidelity. (shrink)

This article discusses the views of Immanuel Kant on sexual perversion (what he calls "carnal crimes against nature"), as found in his Vorlesung (Lectures on Ethics) and the Metaphysics of Morals (both the Rechtslehre and Tugendlehre). Kant criticizes sexual perversion by appealing to Natural Law and to his Formula of Humanity. Neither argument for the immorality of sexual perversion succeeds.

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)

In this text I would like to show two things. Firstly, that the so-called “timelessness” of the Freudian unconscious can be elucidated through an interpretation of the concept of Nachträglichkeit, and showing thereby that there is indeed a temporality specific to the workings of the unconscious. Freud’s analysis of early psychic trauma related to sexual phenomena pointed to a serious complication for all believers in the immediate transparency of consciousness. For the “wound” itself was constituted over time, and the possibility (...) of coming to understand the trauma (thereby achieving a certain freedom from its repercussions) was again only possible after the event had passed. The Nachträglichkeit involved in the psychoanalytical understanding of sexual trauma thus hinges on a threefold temporal process at work in subjective life. Secondly, I wish to show that Husserl, in his analyses of time and intersubjectivity, delivered the materials with which a phenomenological clarification of Nachträglichkeit can be given. Since Nachträglichkeit is essentially tied to the structure of repression (and thus the very constitution of the unconscious), what I am suggesting is a prolegomenon to a phenomenological clarification of Freudian repression. This clearly suggests the need for further investigations into the phenomenology of sexual life. (shrink)

Argues that choice, as a form of interpretation, is completely intertwined with the development of both sexual orientation and sexual identity. Sexual orientation is not simply a given, or determined aspect of personality.

I expand on and defend a particular account of silencing that has been identified by Mary Kate McGowan. She suggests that one sort of silencing occurs when men do not think that women have the authority to refuse. I develop this proposal, arguing that it is usefully distinct from other forms of silencing, which attribute a radical misunderstanding to the perpetrator. Authority silencing, by contrast, allows that the perpetrator understands that the woman is trying to refuse. I examine the nature (...) of authority, and of refusal, and argue that a normatively binding refusal requires authority, the normative capacity to make a determination that has a ‘because I said so’ structure. Women’s authority in this sense is fragile. Authority to refuse sexual advances can be lost through women’s attire, how much they have had to drink, location, or their profession. This account makes sense of the way that perpetrators both do and do not understand sexual refusal, and explains how they are blameworthy despite their misunderstanding. (shrink)

In his “Reply to Iddo Landau,” Edmund Wall responds to the author’s critique of some of the views expressed in his “Sexual Harassment and Wrongful Communication.” The present article concentrates on what the author takes to be the main problem in Wall’s definition: by requiring that any act, even if intentional and cruel in nature, needs to be repeated to count as sexual harassment, Wall allows too much leeway and renders permissible a wide range of intentional, mean, and harmful actions (...) that most, including, the author believes, Wall himself, would like to outlaw. The article considers Wall’s linguistic and nonlinguistic responses to this critique and finds them problematic. (shrink)

In this paper we propose the notion of “subjective reference” as a conceptual tool that explains how and why human-robot sexual interactions could reframe users approach to human-human sexual interactions. First, we introduce the current debate about Sexual Robotics, situated in the wider discussion about Social Robots, stating the urgency of a regulative framework. We underline the importance of a social-relational approach, mostly concerned about Social Robots impact in human social structures. Then, we point out the absence of a precise (...) framework conceptualizing why Social Robots, and Sexual Robots in particular, may modify users’ sociality and relationality. Within a psychological framework, we propose to consider Sexual Robots as “subjective references”, namely objects symbolically referring to human subjects: we claim that, for the user experience, every action performed upon a Sexual Robot is symbolically directed toward a human subject, including degrading and violent practices. This shifting mechanism may transfer the user relational setting from human-robot interactions to human-human interactions. (shrink)

In this article, I advance a novel hypothesis on the evolution of hominin bipedalism. I begin by arguing extensively for how the transition to bipedalism must have been problematic for hominins during the Neogene. Due to this and the fact that no other primate has made the unusual switch to bipedalism, it seems likely that the selection pressure towards bipedalism was unusually strong. With this in mind, I briefly lay out some of the most promising hypotheses on the evolutionary origin (...) of hominin bipedalism and show how most, if not all, fail in the face of the need for an unusually strong selection pressure. For example, some hypotheses maintain that hominins became bipedal so they could use their hands for carrying infants, food, or other valuable objects. But extant apes are able to carry objects in one of their front limbs (while walking with the other three), and thus it does not seem plausible that our hominin ancestors went through the troublesome transition to bipedalism just so they could carry objects a little more efficiently. After I show that past hypotheses are wanting in the face of this challenge, I argue that there is only one selection pressure powerful enough to instigate a strange and problematic evolutionary adaptation like bipedalism, and that is sexual selection. Specifically, from the fact that bipedal locomotion is an important strategy for intimidating others and ascending the dominance hierarchy in extant apes, I argue that for no particular selective reason bipedal locomotion became a signal for high fitness (much as a large and intricate tail became a signal for high fitness for peahens), and this led to the trait being continuously reinforced in spite of all its deleterious fitness consequences. (shrink)