In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere (...) that the kind of thin consent that the law focuses on is not enough ethically and it should not be enough legally to justify sexual penetration. I advocate sexual negotiation, where individuals discuss sexual desires and boundaries and agree to engage in penetration before it occurs, except under circumstances in which the partners have a reasonable basis to assess one another's nonverbal behavior. I argue that not only is verbal consultation about desire ordinarily ethically necessary before most acts of sexual penetration, it should be legally required. Consultation to ascertain sexual desires and boundaries assures that both parties desire penetration. (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)

Feminism has long grappled with its own demarcation problem—exactly what is it to be a woman?—and the rise of trans-inclusive feminism has made this problem more urgent. I will first consider Sally Haslanger’s “social and hierarchical” account of woman, resulting from “Ameliorative Inquiry”: she balances ordinary use of the term against the instrumental value of novel definitions in advancing the cause of feminism. Then, I will turn to Katharine Jenkins’ charge that Haslanger’s view suffers from an “Inclusion Problem”: it fails (...) to class many trans women as women. Jenkins offers a novel norm-relevancy account of woman to avoid the Inclusion Problem. Unfortunately, Jenkins’ account has serious internal problems, i.e. problems by Jenkins’ own lights: it is unintelligible, or it suffers from an Inclusion Problem of its own. After that, I will develop novel arguments for the conclusion that the project of Ameliorative Inquiry is both incoherent and also impossible to complete—at least, impossible to complete in a trans-inclusive way. Trans-inclusive feminism, therefore, would do well to move beyond Ameliorative Inquiry. Insofar as that’s not possible, trans-inclusive feminism inherits the incoherence of Ameliorative Inquiry. (shrink)

Feminist analyses of gender concepts must avoid the inclusion problem, the fault of marginalizing or excluding some prima facie women. Sally Haslanger’s ‘ameliorative’ analysis of gender concepts seeks to do so by defining woman by reference to subordination. I argue that Haslanger’s analysis problematically marginalizes trans women, thereby failing to avoid the inclusion problem. I propose an improved ameliorative analysis that ensures the inclusion of trans women. This analysis yields ‘twin’ target concepts of woman, one concerning gender as class and (...) the other concerning gender as identity, both of which I hold to be equally necessary for feminist aims. (shrink)

Consent governs innumerable everyday social interactions, including sex, medical exams, the use of property, and economic transactions. Yet little is known about how ordinary people reason about the validity of consent. Across the domains of sex, medicine, and police entry, Study 1 showed that when agents lack autonomous decision-making capacities, participants are less likely to view their consent as valid; however, failing to exercise this capacity and deciding in a nonautonomous way did not reduce consent judgments. (...) Study 2 found that specific and concrete incapacities reduced judgments of valid consent, but failing to exercise these specific capacities did not, even when the consenter makes an irrational and inauthentic decision. Finally, Study 3 showed that the effect of autonomy on judgments of valid consent carries important downstream consequences for moral reasoning about the rights and obligations of third parties, even when the consented-to action is morally wrong. Overall, these findings suggest that laypeople embrace a normative, domain-general concept of valid consent that depends consistently on the possession of autonomous capacities, but not on the exercise of these capacities. Autonomous decisions and autonomous capacities thus play divergent roles in moral reasoning about consent interactions: while the former appears relevant for assessing the wrongfulness of consented-to acts, the latter plays a role in whether consent is regarded as authoritative and therefore as transforming moral rights. (shrink)

There are important similarities between moral thought and talk and thought and talk about gender: disagreements about gender, like disagreements about morality, seem to be intractable and to outstrip descriptive agreement; and it seems coherent to reject any definition of what it is to be a woman in terms of particular social, biological, or other descriptive features, just as it seems coherent to reject any definition of what it is to be good or right in terms of any set of (...) descriptive properties. These similarities give us reason to investigate the idea that, like moral thought and talk, gender thought and talk is inherently normative. This paper proposes a normative account of gender thought and talk in terms of fitting treatment. On this fitting treatment account, to judge that A is gender G is just to judge that it is fitting to treat A as a G. This account is a descriptive or hermeneutical account of our gender thought and talk rather than an ameliorative account of our gender concepts or a metaphysical account of gender properties in social metaphysics. This paper argues that other descriptive accounts of gender thought and talk face problems that the fitting treatment account overcomes. (shrink)

Gender is both indeterminate and multifaceted: many individuals do not fit neatly into accepted gender categories, and a vast number of characteristics are relevant to determining a person's gender. This article demonstrates how these two features, taken together, enable gender to be modeled as a multidimensional sorites paradox. After discussing the diverse terminology used to describe gender, I extend Helen Daly's research into sex classifications in the Olympics and show how varying testosterone levels can be represented using a sorites argument. (...) The most appropriate way of addressing the paradox that results, I propose, is to employ fuzzy logic. I then move beyond physiological characteristics and consider how gender portrayals in reality television shows align with Judith Butler's notion of performativity, thereby revealing gender to be composed of numerous criteria. Following this, I explore how various elements of gender can each be modeled as individual sorites paradoxes such that the overall concept forms a multidimensional paradox. Resolving this dilemma through fuzzy logic provides a novel framework for interpreting gender membership. (shrink)

In current society, eating is most definitely a gendered act: that is, what we eat and how we eat it factors in both the construction and the performance of gender. Furthermore, eating is a gendered act with consequences that go far beyond whether one orders a steak or a salad for dinner. In the first half of this paper, I identify the dominant myths surrounding both female and male eating, and I show that those myths contribute in important (...) ways to cultural constructions of male and female appetites more generally speaking. In the second half, I argue that the Christian church should share feminism’s perception of these current cultural myths as fundamentally disordered, and I claim that the Christian traditions of fasting and feasting present us with a concrete means to counter those damaging conceptions and reclaim a healthy attitude toward our hunger. (shrink)

In this paper I discuss the nature of consent in general, and as it applies to Carlos Nino’s consensual theory of punishment. For Nino the criminal’s consent to change her legal-normative status is a form of implied consent. I distinguish three types of implied consent: 1) implied consent which is based on an operative convention (i.e. tacit consent); 2) implied consent where there is no operative convention; 3) “direct consent” to the legal-normative (...) consequences of a proscribed act – this is the consent which Nino employs. I argue that Nino’s conception of consent in crime exhibits many common features of “everyday” consent, which justify that it be classed as a form of (implied) consent. h us, Nino is right to claim that the consent in crime is similar to the consent in contracts and to the consent to assume a risk in tort law. (shrink)

Our gender identity is our sense of ourselves as a woman, a man, as genderqueer, or as another gender. Our gender is the property we have of being a woman, being a man, being non-binary, or being another gender. What is the relationship between our gender identity and our gender? Recently, much work has been done on ameliorative accounts of the gender concepts that we should accept and on the metaphysics of gender properties. From this work 4 views of the (...) relationship between having gender identity G (e.g. having a female gender identity) and being a gender G (e.g. being a woman) have emerged. A first, the no connection view, says that gender identity and gender are entirely distinct; Sally Haslanger’s ameliorative account of gender, as well as Theodore Bach’s account of gender properties, are instances of this view. A second, the gender-identity-first view, says that all there is to our gender is our gender identity; this view is at least similar to views that Talia Bettcher and R.A. Briggs and B.R. George have argued for. A third, contextualist view, says that in some contexts and relative to certain standards, our gender identity determines our gender, and that in others it does not; Ásta and Robin Dembroff have proposed and defended views along these lines. A fourth view, the two gender properties view, says that there are two properties that can make it the case that one is gender G (in any context), one’s having gender identity G and one’s being socially classed as a G; Katharine Jenkins and Elizabeth Barnes have proposed views along these lines. This article explains these 4 different views and spells out their prospects, and the problems they face, as both ameliorative and as metaphysical views. (shrink)

I distinguish between 'hard nudges' and 'soft nudges', arguing that it is possible to show that the latter can be compatible with informed consent - as Cohen has recently suggested; but that the real challenge is the compatibility of the former. Hard nudges are the more effective nudges because they work on less than conscious mechanisms such as those underlying our habits: whether those influences - which are often beyond the subject's awareness - can be reconciled with informed (...) class='Hi'>consent in health care is the more challenging question. I suggest two directions for possible answers: on the one hand, looking at the growing empirical literature on mindless judgement and behaviour; and on the other hand considering a more diversified conception of consent, which I sketch. (shrink)

Philosophical work on the concept of consent in the past few decades has got to grips with it as a rich notion. We are increasingly sensitive to consent not as a momentary, atomic, transactional thing, but as a complex idea admitting of various qualities and dimensions. In this paper we note that the recognition of this complexity demands a theoretical framework quite different to those presently extant, and we suggest that the enactive approach is one which offers (...) significant value in this regard. In consonance with arguments made by Laurie Penny about how consent is a continuous and dynamic process, we outline how an enactive approach identifies consent as temporally extended (rather than momentarily transactional), and as affected by the skilfulness of the agents involved, the fitness of community provided resources to negotiate the consensual relationship over time, and the unfolding of circumstances in the situation in which the joint action is taking place. We argue that the value of an enactive perspective on consent is in highlighting these complexities, and providing resources to articulate and theorise them in ways that are not open to other current approaches. (shrink)

Researchers have explored questions concerning public participation and consent in geoengineering governance. Yet, the notion of consent has received little attention from researchers, and it is rarely discussed explicitly, despite being prescribed as a normative requirement for geoengineering research and being used in rejecting some geoengineering options. As it is noted in the leading geoengineering governance principles, i.e. the Oxford Principles, there are different conceptions of consent; the idea of consent ought to be unpacked more carefully (...) if, and when, we invoke it in the discussion. This article offers a theoretical reflection on different conceptions of consent and their place in geoengineering governance. More specifically, I discuss three models of consent, i.e. explicit consent, implied consent and hypothetical consent, and assess their applicability to geoengineering governance. Although there are different models of consent, much discussion of geoengineering governance has committed only to explicit consent. I note that such a commitment springs from a specific ideal political order. Accordingly, we should be wary of any naïve commitment to it so long as the political order we hope for remains open to debate. Finally, I illustrate two approaches to introduce consent into a geoengineering governance framework. (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)

Florence Ashley has argued that requiring patients with gender dysphoria to undergo an assessment and referral from a mental health professional before undergoing hormone replacement therapy (HRT) is unethical and may represent an unconscious hostility towards transgender people. We respond, first, by showing that Ashley has conflated the self-reporting of symptoms with self-diagnosis, and that this is not consistent with the standard model of informed consent to medical treatment. Second, we note that the model of informed consent involved (...) in cosmetic surgery resembles the model Ashley defends, and that psychological assessment and referral is recognised as an important aspect of such a model. Third, we suggest that the increased prevalence of psychiatric morbidity in the transgender population arguably supports the requirement of assessment and referral from a mental health professional prior to undergoing HRT. (shrink)

In Two Minds is a practical casebook of problem solving in psychiatric ethics. Written in a lively and accessible style, it builds on a series of detailed case histories to illustrate the central place of ethical reasoning as a key competency for clinical work and research in psychiatry. Topics include risk, dangerousness and confidentiality; judgements of responsibility; involuntary treatment and mental health legislation; consent to genetic screening; dual role issues in child and adolescent psychiatry; needs assessment; cross-cultural and gender (...) issues; rational and irrational suicide; shared decision making in multi-agency teams, and the growing role of the user's voice in psychiatry. Key ethical concepts are carefully introduced and explained. The text is richly supported by detailed guides for further reading. There are separate chapters on teaching psychiatric ethics, including a sample seminar, and on writing a research ethics application. Each case history and discussion is followed by a critical commentary from a practitioner with relevant experience. Jim Birley adds a comparative international perspective on psychiatric ethics. Cartoons by Johnny Cowee provide punchy counterpoint! In Two Minds is the sister volume to the third edition of Sidney, Paul Chodoff and Steven Green's highly successful Psychiatric Ethics. In providing a bridge between theory and practice, it will be essential reading for everyone concerned with improving standards in mental health care. (shrink)

Informed consent is a central concept for empirical and theoretical research concerning pregnancy management decisions and is often taken to be one of the more fundamental goals of the profession of genetic counseling. Tellingly, this concept has been seen by disability communities as salutary, despite longstanding critiques made by disability activists, advocates, and scholars concerning practices involved in genetic counseling more generally. In this chapter, we show that the widespread faith in informed consent is misleading and (...) can be detrimental to the practice of genetic counseling as guided by concerns of justice and equity. We proceed in two steps. First, we explain how informed consent is flawed as a practical concept. Second, we show how the inadequacy of informed consent illuminates the animating core of disability critiques of genetic counseling: the issue of ableism. We argue that the problem of ableism cannot be solved with informed consent because it is not merely a problem of information, but also of epistemic schemas. We suggest that what we call critically informed consent is better suited to move genetic counseling from being aware of the problem of ableism to becoming actively anti-ableist. (shrink)

In December 2015, Wales became the first country in the UK to move away from an opt-in system in organ procurement. The new legislation introduces the concept of deemed consent whereby a person who neither opt in nor opt out is deemed to have consented to donation. The data released by the National Health Service in July 2017 provide an excellent opportunity to assess this legislation in light of concerns that it would decrease procurement rates for living and (...) deceased donation, as well as sparking an increase in family refusals. None of these concerns have come to pass, with Wales experiencing more registered donors, fewer family refusals and more living donations. However, as the number of actual donors has dropped slightly from a high level, the situation must be monitored closely in the years to come. (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)

Gender classifications often are controversial. These controversies typically focus on whether gender classifications align with facts about gender kind membership: Could someone really be nonbinary? Is Chris Mosier really a man? I think this is a bad approach. Consider the possibility of ontological oppression, which arises when social kinds operating in a context unjustly constrain the behaviors, concepts, or affect of certain groups. Gender kinds operating in dominant contexts, I argue, oppress trans and nonbinary persons in this way: they marginalize (...) trans men and women, and exclude nonbinary persons. As a result, facts about membership in dominant gender kinds should not settle gender classification practices. (shrink)

Working beyond the inclination to inaugurate alternative theoretical traditions alongside canonical sociology, this article demonstrates the value of recovering latent gender theory from within classic concepts—in this case, Weber’s “charisma.” Close readings of Weber reveal, (a) tools for theorizing extraordinary, non-masculinist agency, and, (b) clues that account for the conventional wisdom (popular and scholastic) that charisma is “not for women.” While contemporary movements may be tempted to eschew charismatic leadership per se because of legacies of dominance by men, there is (...) value in Weber’s formulation, which anticipated the performative turn in social theory that would destabilize biologistic gender ontologies. Value in this exchange also flows back to Weber: by confronting his intermittent tendency to describe charisma in terms that we now recognize as “customs of manly power,” we reveal heretofore unseen imperfections (i.e., traditionalist modes of legitimation) in his ideal-type. This engagement thus demonstrates an empowering mutuality between contemporary gender theory and “the classics.” The article ends by theorising the nexus of gender and charisma in the case of Trump, pointing to possibilities for vitiating Donald Trump’s charisma, as well as for anti-Trumpian charisma. (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)

Previously proposed strategies for tackling hermeneutical injustices take for granted the interests people have in certain things about them being intelligible to them and/or to others, and seek to enable them to satisfy these interests. Strategies of this sort I call interests-as-given strategies. I propose that some hermeneutical injustices can instead be tackled by doing away with certain of these interests, and so with the possibility of their unfair non-satisfaction. Strategies of this sort I call interests-in-question strategies. As a case (...) study in when such an interests-in-question strategy ought to be pursued, I look at how to tackle hermeneutical injustices arising in the context of gender-affirming healthcare as provided to adults by the National Health Service in the UK. I argue that considerations of trust, privacy, and respect all support pursuing such a strategy. One way to do so, I suggest, would be by replacing the existing gatekeeping model with an informed consent model for the provision of gender-affirming healthcare. Considerations of hermeneutical justice can hence be added to the already-impressive case for undertaking this shift. (shrink)

In the early twentieth century Walter Benjamin introduced the idea of epochal and ongoing progression in interaction between mind and the built environment. Since early antiquity, the present study suggests, Benjamin’s notion has been manifest in metaphors of gender in city-form, whereby edifices and urban voids have represented masculinity and femininity, respectively. At the onset of interaction between mind and the built environment are prehistoric myths related to the human body and to the sky. During antiquity gender projection can be (...) detected in western perceptions linking natural and built environments, commencing with Plato’s Atlantis and his Myth of Er, and later as a likely import of the Chinese yin-yang mythology. Culminating with the Age of Discovery, alongside advances in experiential awareness of the Earth’s sphericity, respective feminine and masculine earmarks can be detected in early modern perspicacity of the Earth’s southern and northern hemispheres. Our conceptions of natural and built environments inherently continue to contain gender traits. Yet urban voids, as the feminine face of city-form, have been severely understated in the built environment. Through design and configuration of urban voids, allegories of femininity in city-form ought to be celebrated, not discarded. (shrink)

Since the concept of “nudge” was introduced in 2008 by Thaler and Sunstein, proposing that small interventions based on changes in choice architectures can alter people’s behavior and make it easier for them to achieve their desired goals, the application in public policy of behavioral economics has gained significant attention. This has led to the emergence of different types of policies based on behavioral insights, which have been used in a variety of areas, including health or finance, with the (...) goal of promoting well-being and addressing social and economic issues. After providing a basic theoretical background as a frame of reference to understand gender violence, this study explores the use of tools from the field of behavioral economics as it is applied in public policy. Regulatory (paternalistic) and non-regulatory (libertarian) interventions based on behavioral insights will be considered: nudges, boosts, shoves, budges, or sludge audits, are examined as potential interventions to use in matters related to this type of violence. After evaluating these behavioral policy instruments and their potential effectiveness, the limitations of the behavioral perspective are recognized, and the need for a multifaceted approach to combating gender violence is acknowledged. The article concludes by arguing that public policies addressing gender violence should not only utilize behavioral tools but should also incorporate strategies related to education, legislation, and social norms. (shrink)

Gender dysphoria is typically construed as a medical concept. This understanding of gender dysphoria reflects how cisgender people interpret trans experience. This essay proposes an alternative concept of gender dysphoria for critical theory: on this account, gender dysphoria is alienation from cisgender forms of life. If the medicalized concept of gender dysphoria tacitly takes for granted, identifies with, and thereby reinforces cisgender patriarchal society, a critical theory of gender dysphoria instead approaches the issue from the perspective of (...) trans people, their lived experiences and social situation, to offer a critique of society. While the medicalized concept of gender dysphoria refers to a “distress” caused by living in the “wrong-body,” the critical concept of gender dysphoria refers to an alienation as a result of living in the “wrong (cisgender patriarchal) society.” The critical concept of gender dysphoria may become a tool capable of describing the necessary facets of trans experience necessary to form a political coalition. The paper concludes by claiming that trans subjects are the gendered analogue of Marx’s concept of the proletariat. (shrink)

Deception sometimes results in nonconsensual sex. A recent body of literature diagnoses such violations as invalidating consent: the agreement is not morally transformative, which is why the sexual contact is a rights violation. We pursue a different explanation for the wrongs in question: there is valid consent, but it is not consent to the sex act that happened. Semantic conventions play a key role in distinguishing deceptions that result in nonconsensual sex (like stealth condom removal) from those (...) that don’t (like white lies). Our framework is also applicable to more controversial cases, like those implicated in so-called “gender fraud” complaints. (shrink)

Following Talia Mae Bettcher, many philosophers distinguish between ethical and epistemic conceptions of the first-person authority that we have over our gender identities. Rather than construing this authority as explained by our superior epistemic access to our own gender identities, many have argued that we should view this authority as explained by ethical obligations that we have towards others. But such views remain silent on what we ought to believe about others’ gender identities: when someone avows their gender identity, should (...) we believe them? Or is it enough to merely act as though we do? In this paper, I argue that mere action is not enough: we ought to believe what others say about their gender identities. I present several cases that motivate the claim that there is something distinctively wrong with merely ‘playing along’ with what another person says about their gender identity. I offer several answers for what explains why such cases involve wrongs. I argue that an adequate account of FPA cannot remain silent on belief but must instead take on an epistemic norm of FPA in addition to an ethical norm of FPA. (shrink)

The purpose of this essay is to draw attention to conceptual similarities between two important texts in the history of political philosophy, Plato’s Republic and Noam Chomsky’s and Edward S. Herman’s work, Manufacturing Consent. Similar to the way the “propaganda model,” which Chomsky and Herman describe as a phenomenon by which “news media” is used as a means to transmitting false ideas, the method described by Socrates in the Republic, where poetry is used as a means to transmit false (...) ideas is not entirely different. Furthermore, those who transmit false ideas under such conditions do so automatically, consciously or not, because they’ve internalized certain values, which lead to an automatic rule and certain political order. I will also employ the concepts of “harmful propaganda” and “flawed ideologies” that Jason Stanley outlines in How Propaganda Works, and show that these concepts are either identical or closely related to the problem of manufacturing consent, amongst others. (shrink)

Gender-Based violence (GBV) is a disturbing phenomenon prevalent in all regions of the world. GBV is seen as any harmful act that is carried out against a person’s consent and that it is as a result of socially ascribed (gender) dissimilarities between males and females. The study exposes that the fight against GBV have been unsuccessful because of several factors which includes the acceptance of such actions by some traditions and cultures therefore bringing to the fore conventional ethical relativism, (...) in other words, cultural relativism. The study concluded that the rate of GBV in Nigeria is soaring high and the neglect to tackle it has made it turnout to be a shadow pandemic ravaging Nigeria. Consequently, the study amongst others recommends that the Nigerian National Assembly should enact new laws against GBV because its eradication can only be possible using the law as an instrument of social change. (shrink)

The #MeToo movement generated a feminist insistence that we “believe women.” But the men accused of assault, harassment, and other violations frequently defended themselves with the insistence that they had always “respected women” – sometimes, going so far as to get numerous women to sign letters swearing that these men had always respected them. This common MeToo defense reveals the core inconsistency – and the core entitlement – at the heart of misogyny and sexual injustice: some women deserve respect. But (...) the duty to respect those women relies on an invisible entitlement to disrespect – indeed, to assault, harass, dominate, or exploit – others. This chapter explores consent’s role within the superstructure of misogyny and sexual injustice, arguing what consent is a key apparatus of white supremacy. It argues that consent has been constructed through dynamics of colonial and racist sexual entitlement, mapping some (white) women as deserving of respect and the right to consent, while marking other women as expendable or disposable within the sexual economy. This means not only that consent is historically constructed as white, but also that whiteness, and in particular, white womanhood, is constructed through consent. Thus, white women’s right to consent – or to refuse – is premised upon the inability of other women to do so. In this way, the right to sexual consent does not disrupt the norm of male sexual entitlement. Consent has always been premised on non-consent, from coloniality and slavery to contemporary porn, which offers a vision of the world without proper consent, so that granting consent to actual women is an exceptional practice, an “act of respect.” By including race and class alongside gender in my analysis of consent, I argue that contemporary feminist visions of sexual justice must do more than defend or ameliorate consent, but develop intersectional interrogations of sexual justice that reckon with the complicities of consent. (shrink)

The concept of gender (male and female) is an issue that can be handled biologically, socially and individually. Whether the gender - based language production differences are linguistic, social hierarchy or culture has long been discussed and debated by different scientific circles. Studies on whether men and women produce different languages coincide with the 1970s, when the feminism movement emerged in the world. In the same period, sociolinguistic researches were carried out at scientific levels. These sociolinguistic studies are considered (...) to be the first important studies on malefemale language production differences. Looking at language and gender studies, it is seen that there is a general, intensified focus on two questions: First, do men and women use language differently (in different dimensions)? Secondly, is the language that describes the man and the language that describes the woman different from each other in written or oral modules in social life? An attempt was made to find an answer to the question “do men and women really speak differently” in this qualitative study, based on the literature. Although there are various studies on gender-based language use differences, it seems that this issue is open to discussion. It is possible to say that the difference in gender-based language use is not certain due to reasons such as the fact that most of the studies were conducted with small data and different methods, up-to-date data were not used, and most of the data were collected from the English language. (shrink)

In this paper, I argue that culture plays a pivotal role for understanding Nietzsche’s own normative commitments. My argument develops as follows: Section 2 shows that Nietzsche advances an ideal of self-cultivation (Bildung) which is derived from the existential role of culture, elevating a peculiar concept of artistic creativity to ground his perfectionist understanding of value. Section 3 traces Nietzsche’s image of Goethe as exemplar of creative excellence. I contend that Nietzsche portrays Goethe as a male genius, rendering his (...) concept of self-cultivation entrenched in the cultural imagery of his time. The fin de siècle was obsessed with the image of genius as well as the relationship of creativity and gender. Moreover, as towering figure of German culture after the founding of the German Empire in 1871, Goethe was a frequent example of creative genius. Section 4 deepens the discussion of the role of gender in Nietzsche’s concept of creativity, exploring how the essentialist gender psychology of his mature works curtails the creative potential of women and explains his dismissal of feminism. (shrink)

Recently, the concept of "gender identity" has enjoyed a great deal of attention in gender metaphysics. This seems to be motivated by the goal of creating trans-inclusive theory, by explaining trans people's genders. In this paper, we aim to unmotivate this project. Notions of "gender identity" serve important pragmatic purposes for trans people, such as satisfying the curiosity of non-trans people, and, relatedly, securing our access to important goods like legal rights and medical care. However, we argue that this (...) does not mean that "gender identity" is a metaphysically substantial thing that deserves extensive theoretical attention. There are reasons to be skeptical of such a concept. We trace the history of "gender identity," primarily to identify its roots in trans-antagonistic medical theory and its connections to the problematic "wrong-body" model--a legacy that has pathologized and flattened trans experience. Moreover, we argue that trans people primarily use "gender identity" to explain ourselves to non-trans people, rather than to discuss ourselves among ourselves. Thus, we urge theorists to resist the urge to substantiate gender identity. Instead, we encourage the development of new and better concepts, ones that attend to the lived realities of trans community and the flourishing gender terms and practices that are constructed there. If these lived realities are taken seriously, there is no need to “explain” trans people’s genders; we can simply see them as they are. (shrink)

Background Several jurisdictions, including Singapore, Australia, New Zealand and most recently Ireland, have a public interest or public good criterion for granting waivers of consent in biomedical research using secondary health data or tissue. However, the concept of the public interest is not well defined in this context, which creates difficulties for institutions, institutional review boards and regulators trying to implement the criterion. Main text This paper clarifies how the public interest criterion can be defensibly deployed. We first (...) explain the ethical basis for requiring waivers to only be granted to studies meeting the public interest criterion, then explore how further criteria may be set to determine the extent to which a given study can legitimately claim to be in the public interest. We propose an approach that does not attempt to measure magnitude of benefit directly, but rather takes into account metrics that are more straightforward to apply. To ensure consistent and justifiable interpretation, research institutions and IRBs should also incorporate procedural features such as transparency and public engagement in determining which studies satisfy the public interest requirement. Conclusion The requirement of public interest for consent waivers in secondary biomedical research should be guided by well-defined criteria for systematic evaluation. Such a criteria and its application need to be periodically subject to intra-committee and intra-institution review, reflection, deliberation and amendment. (shrink)

Individuals with high self-concept will likely have high life satisfaction, they easily get adjusted to life, and they communicate their feeling more appropriately. However, it was not certain whether self-concept would decline or improve as individuals age, or whether self-concept would vary between genders and ethnic groups. To prove, a study was carried out to compare the self-concept of college students in an Asian context. The inquiry utilized the cross-sectional design in finding out significant differences in (...) the self-concept of participants in terms of age, gender, and ethnicity. A 22-item questionnaire was adapted and administered to 222 Bachelor of Public Administration and Bachelor of Science in Business Administration students from the satellite campus of Bukidnon State University in the Philippines. Initially, a sample was randomly drawn from the population. During the actual data collection, the researchers had difficulty getting the responses from the randomly selected individuals due to internet connection and it was done amidst a pandemic. Instead, it took all responses from those who were available, have access to the internet, and could accomplish the google forms. The data were analyzed using Mean, Standard Deviation, T-test for independent sample, ANOVA and Post Hoc test. The results revealed that college students at the locale have a high level of self-concept in self-fulfilment, emotional adjustment, and honesty. Yet, they only had a moderate level of self-concept in autonomy. Further, there were significant differences in college students’ autonomy and honesty in terms of age and gender. Furthermore, there were significant differences in their emotional adjustment and self-fulfilment as to their ethnicity. The results have implications for instruction, administration, guidance services, and future research. (shrink)

Since the Nuremberg Code and the first Declaration of Helsinki, globally there has been increasing adoption and adherence to procedures for ensuring that human subjects in research are as well informed as possible of the study’s reasons and risks and voluntarily consent to serving as subject. To do otherwise is essentially viewed as violation of the human research subject’s legal and moral rights. However, with the recent philosophical concerns about responsible robotics, the limits and ambiguities of research-subjects ethical codes (...) become apparent on the matter of constructing automata that maximally resemble human beings (as defined hereunder). In this case, the automata themselves, as products of research and development, are in the very process of their construction subjects of research and development. However, such research faces a paradox: The subjects cannot give their informed consent to this research for their own development, although their consent would be needed for the research. According to ethical codes, this research would be unethical. The article then explores whether the background concepts giving rise to this paradox could be reframed in order to allow such research to proceed ethically. (shrink)

Amartya Sen has made a major contribution to the theory of social justice, and of gender justice, by arguing that capabilities are the relevant space of comparison when justice-related issues are considered. This article supports Sen's idea, arguing that capabilities supply guidance superior to that of utility and resources (the view's familiar opponents), but also to that of the social contract tradition, and at least some accounts of human rights. But I argue that capabilities can help us to construct a (...) normative conception of social justice, with critical potential for gender issues, only if we specify a definite set of capabilities as the most important ones to protect. Sen's "perspective of freedom" is too vague. Some freedoms limit others; some freedoms are important, some trivial, some good, and some positively bad. Before the approach can offer a valuable normative gender perspective, we must make commitments about substance. (shrink)

Health data processing fields face ethical and legal problems regarding fundamental rights. As we know, patients can benefit in the Digital Era from having health or medical information available, and medical decisions can be more effective with a better understanding of clinical histories, medical and health data thanks to the development of Artificial Intelligence, Internet of Things and other Digital technologies. However, at the same time, we need to guarantee fundamental rights, including privacy ones. The complaint about ethical and legal (...) requirements – including constitutional ones – is particularly relevant in the processing of health data. This paper is focused on the problem of the consent required to the processing of health data and the exceptions established in the new European Union General Data Regulation, which cover the processing of this special data -within other aims- for scientific, historical and statistical research as legitimate purposes, which include biomedical research. The conclusion is that these open concepts are problematic both for the protection of privacy rights and for the legal security/certainty of research. On one hand there are several interpretation problems, regarding the processing of health data and the protection of information privacy. On the other hand, professionals must follow the Multilevel legal framework and to guarantee fundamental rights in the processing of health data, so there are also problems of interpretation for researchers. Therefore, we need a clearer legal framework for biomedical research. (shrink)

This article applies Charles W. Mills’ notion of the domination contract to develop a Kantian theory of justice. The concept of domination underlying the domination contract is best understood as structural domination, which unjustifiably authorizes institutions and labour practices to weaken vulnerable groups’ public standing as free, equal and independent citizens. Though Kant’s theory of justice captures why structural domination of any kind contradicts the requirements of justice, it neglects to condemn exploitive gender- and race-based labour relations. Because the (...) ideal of civic equality must position all persons as co-legislators of the terms of political rule, the state must dismantle exploitive race- and gender-based labour relations for all persons to command political power as civic equals. (shrink)

This perspective asserts the existence of only two sexes/genders, male and female, based on not only biological and reproductive processes but also from claims of non-binary or transgender identities as defined through negation which rely on the binary concept of sex/gender. Thus, individuals claiming identities on the "gender/sex spectrum" are again defining themselves through negation (definiens per negationem). This perspective suggests that the diversity of gender experiences, (the sex or gender spectrum) is defined by what individuals are not rather (...) than what they are. While the validity of non-binary and transgender identities definiens per negationem is noted, it is important to accept the reality of the binary nature of sex or gender as a scientific fact, and that all human beings are on a developmental pathway leading to either male or female. Without the reality of binary sex or gender, the gender identity spectrum does not exist as there is nothing to negate from. (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)

The literature on the metaphysics of gender is partially marked by a tension between conceptions that understand gender categories as importantly at least partly self-determined identities and those that understand them as social or cultural categories imposed upon others as a tool of oppression. I argue that this tension can be mediated by understanding gender categories as essentially contested. I then draw on “radical functionalism” to argue that, while, divorced of context, competing conceptions can simultaneously explicate an essentially contested (...) class='Hi'>concept, within context, some conceptions better meet background purposes underlying the use of the concept than others. (shrink)

This paper argues that free speech is a ‘two-way right’. The right to marriage is a typical two-way right: it is not a guarantee that every single person can get married. Instead, it only ensures that if two consenting adults wish to marry each other, they can do so freely. Similarly, the right to free speech does not protect a speaker’s unilateral right to speak, nor an audience’s unilateral right to hear. Free speech protects the parties’ right to communicate with (...) each other. Many agree that communication is a collaborative activity. Yet, this collaborative essence is sometimes overlooked. Particularly, when analyzing speech rights, there is a tendency to zoom in on either the speaker interests or the audience interests, focusing on the distinctions between the two. The two-way approach reorients our understanding of free speech, to one that is more integrally shaped by a concept of communication as a joint collaborative endeavor. (shrink)

Pressuring someone into having sex would seem to differ in significant ways from pressuring someone into investing in one’s business or buying an expensive bauble. In affirming this claim, I take issue with a recent essay by Sarah Conly (‘Seduction, Rape, and Coercion’, Ethics, October 2004), who thinks that pressuring into sex can be helpfully evaluated by analogy to these other instances of using pressure. Drawing upon work by Alan Wertheimer, the leading theorist of coercion, she argues that so long (...) as pressuring does not amount to coercing someone into having sex, her consent to sex answers the important ethical questions about it. In this essay, I argue that to understand the real significance of pressuring into sex, we need to appeal to background considerations, especially the male-dominant gender hierarchy, which renders sexual pressuring different from its non-sexual analogues. Treating pressure to have sex like any other sort of interpersonal pressure obscures the role such sexual pressure might play in supporting gender hierarchy, and fails to explain why pressure by men against women is more problematic than pressure by women against men. I suggest that men pressuring women to have sex differs from the reverse case because of at least two factors: (1) gendered social institutions which add to the pressures against women, and (2) the greater likelihood that men, not women, will use violence if denied, and the lesser ability of women compared to men to resist such violence without harm. (shrink)

The social group named after the various discourses of individuals who define themselves as the champions of the men's rights movement on social media is called the “Manosphere” in the literature. “Oneitis”, a concept in the jargon of the manosphere, basically refers to a disease state used to represent situations in which a man invests excessive attention in a woman who is not equally interested in him. For the Red Pill movement, the most influential group in the manosphere, oneitis (...) is criticized as a pattern of behavior that should be avoided by men. Red Pill philosophy is also often associated with alt-right ideologies due to its anti-feminist and pragmatic views. Red Pill thought can therefore often be seen as contrasting with Woke Culture, a counter-cultural movement that advocates the constant practice of vigilance against political discourses that oppress certain social groups through structural mechanisms of oppression such as racism, anti-blackness, and anti-feminism. In this paper, I argue that the concept of oneitis, when suspended from its anti-feminist and commodifying contexts, can in fact be read as a critique of a conception of love that is deeply rooted in traditional gender roles that are often criticized from perspectives such as feminism or Woke Culture. When the liberation from oneitis is considered independently of the manosphere framework, it can be read as a critique of coercive social practices in terms of romantic relationships. (shrink)

This paper outlines the fundamental aspects of a Heideggerian-ecofeminist philosophy. It aims to be suggestive rather than definitive regarding the form and function of such a philosophy and will, consequently, be somewhat partial and incomplete. It is intended to highlight the enormous potential of such a hybrid philosophy. To this end it will provide a brief account of the philosophy of the later Heidegger, with particular emphasis on his analysis of technology and his account of the Greek concept of (...) truth as aletheia, or unconcealment. It will also focus on Heidegger’s account of the connection between the Greek concept of nature as physis and his own ontology of Being, “letting-be” as the appropriate attitudinal stance to existence, and the bearing of all the above on contemporary ecological concerns. (shrink)

This paper defends a legal and political conception of sexual relations grounded in Kant’s Doctrine of Right. First, I argue that only a lack of consent can make a sexual deed wrong in the legal sense. Second, I demonstrate why all other legal constraints on sexual practices in a just society are legal constraints on seemingly unrelated public institutions. I explain the way in which the just state acts as a civil guardian for domestic relations and as a civil (...) guarantor for private property and contract relations—and thereby enables the existence of legally enforceable claims. Throughout the aim is to demonstrate that Kant’s relational conception of justice entails that legally enforceable claims regarding sexual deeds are fully justifiable only insofar as they are determined and enforced by a public authority that we may refer to as a liberal democratic welfare state. (shrink)

Freedom as a natural right, the importance of consent, defending the idea that government should be in the hands of the most virtuous and reflective citizens, denouncing patronage, the need to link individual and political freedom ? These are some of the characteristics of La Boétie's doctrine that I believe place him within the tradition that Quentin Skinner calls the neo-Roman conception of civil liberty. Of course, La Boétie did not write a positive defence of the rule of law, (...) as Livy did in his History of Rome and as the English republicans do, but the Discourse can easily be read as a legal plea condemning absolute monarchy and any kind of arbitrary regime. (shrink)

Aryeh Goldberg compellingly argues for a Narrative Coherence Standard (NCS) to bolster existing methods of assessing patients' mental capacity. But his account fails to distinguish between the cognitive abilities of children and adults; consequently, worries may be raised about the scope of the NCS, in particular when we consider child patients. In this article, I argue the NCS cannot plausibly apply to children. Since children's self-conception does not arrive fully formed — but rather is a product of both incomplete cognitive (...) development and socializing factors — I claim children may not possess a sufficiently intimate knowledge of self, and therefore a sufficiently coherent sense of self, as Goldberg demands. Therefore, we should either revise the NCS to accommodate children, adopt an incremental view of consent, or revert to the relevant form of the MacArthur competence criteria to establish children’s capacity to consent. (shrink)