In response to three papers about sex and disability published in this journal, I offer a critique of existing arguments and a suggestion about how the debate should be reframed going forward. Jacob M. Appel argues that disabled individuals have a right to sex and should receive a special exemption to the general prohibition of prostitution. Ezio Di Nucci and Frej Klem Thomsen separately argue contra Appel that an appeal to sex rights cannot justify such an exemption. I argue (...) that Appel’s argument fails, but not for the reasons Di Nucci and Thomsen propose, as they have missed the most pressing objection to Appel’s argument: Appel falsely presumes that we never have good reasons to restrict someone’s sexual liberty rights. More importantly, there is a major flaw in the way that all three authors frame their positive accounts. They focus on disability as a proxy for sexual exclusion, when these categories should be pulled apart: some are sexually excluded who are not disabled, while some who are disabled are not sexually excluded. I conclude that it would be less socially harmful and more productive to focus directly on sexual exclusion per se rather than on disability as a proxy for sexual exclusion. (shrink)

A complete theory of the permissibility of sex must not only determine the permissibility of sex between typical adult humans. In addition, it must also adequately take into consideration sex acts involving non-human animals, children, and humans with intellectual disabilities. However, when trying to develop a non-discriminatory account that includes these beings, two worrying problems of animal sex arise. To surpass them, I argue for a reformulation of the standard theory. To produce a truly inclusive account our theory should be (...) focused on assent, dissent, the significance of sex, and the similarity of the beings engaging in the sex act. (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)

Though feminists are correct to note that conventional standards of sexiness are oppressive, we argue that feminism should reclaim sexiness rather than reject it. We argue for an aesthetic and ethical practice of working to shift from conventional attributions of sexiness to respectful attributions, in which embodied sexual subjects are appreciated in their full individual magnificence. We argue that undertaking this practice is an ethical obligation, since it contributes to the full recognition of others’ humanity. We discuss the relationship of (...) ethical to aesthetic considerations and argue that the respectful notion of sexiness is a genuinely aesthetic one, even though it does not involve assessment in relation to standards. (shrink)

It is widely accepted that valid consent is a necessary condition for permissible sexual activity. Since non-human animals, children, and individuals who are severely cognitively disabled, heavily intoxicated or unconscious, lack the cognitive capacity to give valid consent, this condition explains why it is impermissible to have sex with them. However, contrary to common intuitions, the same condition seems to render it impermissible to have sex with robots, for they too are incapable of consenting to sex due to insufficient cognitive (...) capacitation. This paper explores whether the intuition that non-consensual sex with robots is permissible can be vindicated, whilst preserving valid consent as a general requirement for permissible sexual activity. I develop and evaluate four possible ways to argue that there is a morally significant difference between robots on the one hand, and insufficiently cognitively capacitated humans and non-human animals on the other hand, to substantiate and justify the intuition that it is permissible to have non-consensual sex with the former but not with the latter. (shrink)

The article introduces readers to the study of disability, both with respect to the interdisciplinary field of disability studies and the field of philosophy of disability. We then offer an overview of three central areas of philosophical inquiry where feminist work in philosophy and disability has made significant contributions: (1) metaphysics and ontology, (2) epistemology and phenomenology, and (3) ethical, social, and political philosophy.

It is widely accepted that consent is a normative power. For instance, consent can make an impermissible act permissible. In the words of Heidi Hurd, it “turns a trespass into a dinner party... an invasion of privacy into an intimate moment.” In this chapter, I argue against the assumption that consent has such robust powers for moral transformation. In particular, I argue that there is a wide range of sex that harms or wrongs victims despite being consensual. Moreover, these cases (...) are not limited to those where con- sent is vitiated by background conditions. I start by calling this category of consensual sex Bad Sex. I then distinguish subspecies of this category, including psychological pressure, social coercion, and epistemically unsafe sex. I end by responding to an objection on which we should treat at least some subspecies of Bad Sex as rape. Though this alternative proposal is often motivated by ameliorative and strategic considerations, I argue that such considerations actually count against collapsing the categories of Bad Sex and rape. (shrink)

This chapter surveys essentialist and anti-essentialist theories of sex and gender. It does so by engaging three approaches to sex and gender: externalism, internalism, and contextualism. The chapter also draws attention to two key debates about sex and gender in the feminist literature: the debate about the sex/gender distinction (the distinction debate) and the debate about whether sex and gender have essences (the essentialism/anti-essentialism debate). In addition, it describes three problems that theories of sex and gender tend to face: the (...) Inclusion Problem, the Definition Problem, and the Exclusion Problem. Lastly, the chapter highlights why the division between essentialist and anti-essentialist accounts of sex and gender is not clear. (shrink)

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)

In the intersection between eugenics past and present, disability has never been far beneath the surface. Perceived and ascribed disabilities of body and mind were one of the core sets of eugenics traits that provided the basis for institutionalized and sterilization on eugenic grounds for the first 75 years of the 20th-century. Since that time, the eugenic preoccupation with the character of future generations has seeped into what have become everyday practices in the realm of reproductive choice. As Marsha (...) Saxton (2000) and Adrienne Asch (2000, 2003) have forcefully argued, the use of prenatal screening technologies to facilitate the selective abortion of fetuses with features that signify disabling traits—the paradigm here being trisomy 21 in a fetus indicating Down Syndrome in the child—express a negative view of such disabilities sufficient to warrant terminating an otherwise wanted pregnancy. The eliminative structure of what Rosemary Garland Thompson (2012) has called eugenic logic persists in contemporary practices governing reproductive choice, social inclusion, and democratic participation and their relationship to disability. The tie between eugenics and contemporary disability studies suggests that eugenics and reflection on its history can also play a more positive role in disability politics. After focusing on eugenics in the first half of the paper, we will shift in the second half of the paper to eugenic resonances in contemporary thought and practice, concluding with some thoughts about ongoing practices of silencing and the very idea of eradicating disability. (shrink)

Ideas found in the early Daoist texts can inform current debates about disability, since the latter often involve assumptions about personhood and agency that Daoist texts do not share. The two canonical texts of classical Daoism, the Daodejing and the Zhuangzi, do not explicitly discuss disability as an object of theory or offer a model of it. They do, however, provide conceptual resources that can enrich contemporary discussions of disability. Two particular ideas are discussed here. Classical Daoist (...) thinking about the body undermines normative assumptions about it that attributions of ‘disabled’ often depend upon; and Daoism vividly problematises the common inferential leap from perceived and pronounced incapacity to a more general judgment of “useless”. In conclusion, I suggest that Daoism’s skepticism and particularistic approach to experience suggest caution about the value of appealing to theoretical models of disability. (shrink)

The paper discusses how some Cartesian dualism, inherited from Sartre, is an obstacle to Beauvoir's project of a new comprehension of the feminine ‘situation', aimed at rescuing women from an 'inauthentic' self-definition. Suggestions coming from the phenomenological approach of a positive value of the bodily dimension as such, and hence of the feminine bodily dimension, are never fully spelt out, and Beauvoir falls back into the trap of grounding claims of equality between men and women on the assumption that bodily (...) differences are of limited relevance. The eventual reason for a such step back is the distorting Cartesian mirror into which Beauvoir still looks in the vain hope of discovering a disembodied self as the (Cartesian) subject of an impossible kind of liberation. This is an unpublished English version of Sergio Cremaschi, “Il concetto di eros in Le deuxième sexe di Simone de Beauvoir”, in V. Melchiorre (ed.), Amore e matrimonio nel pensiero filosofico e teologico moderno, Vita e Pensiero, Milano 1976, pp. 296-318. (shrink)

What are the effects of circumcision on sexual function and experience? And what does sex—in the sense related to gender—have to do with the ethics of circumcision? Jacobs and Arora (2015) give short shrift to the first of these questions; and they do not seem to have considered the second. In this commentary, I explore the relationship between sex (in both senses) and infant male circumcision, and draw some conclusions about the ongoing debate regarding this controversial practice.

Philosophical discussions of species have focused on multicellular, sexual animals and have often neglected to consider unicellular organisms like bacteria. This article begins to fill this gap by considering what species concepts, if any, apply neatly to the bacterial world. First, I argue that the biological species concept cannot be applied to bacteria because of the variable rates of genetic transfer between populations, depending in part on which gene type is prioritized. Second, I present a critique of phylogenetic bacterial species, (...) arguing that phylogenetic bacterial classification requires a questionable metaphysical commitment to the existence of essential genes. I conclude by considering how microbiologists have dealt with these biological complexities by using more pragmatic and not exclusively evolutionary accounts of species. I argue that this pragmatism is not borne of laziness but rather of the substantial conceptual problems in classifying bacteria based on any evolutionary standard. (shrink)

The combination of sex and horror may be disquieting to many, but the two are natural (if perhaps gruesome) bedfellows. In fact, sex and horror coincide with such regularity in contemporary horror fiction that the two concepts appear to be at least partially intertwined. The sex–horror relationship is sometimes connotative rather than overt; examples of this relationship range from the seduction overtones of 'Nosferatu' and the juxtaposition of nudity and horror promised by European exploitation filmmakers to the sadomasochistic iconography of (...) 'Hellraiser'. In other cases, sex and horror are balanced in a manner that thoroughly blurs the distinction between porn and horror. The sustained presence of sex-horror in film suggests that these two elements fit together and the combination is a source of pleasure (entertainment, fascination, intellectual stimulation and so forth) for many. Yet sex-horror is broadly perceived to be disturbing and these negative reactions indicate that sex-horror is a source of trepidation, moral disdain or disgust for some. Thus, it appears that sex-horror inspires directly competing responses. One might conclude that sex-horror itself is paradoxical; that it holds two directly oppositional meanings simultaneously. However, as I will illustrate in this chapter, these dual responses are not as contradictory as they might first appear to be. (shrink)

I argue against Appel's recent proposal – in this JOURNAL – that there is a fundamental human right to sexual pleasure, and that therefore the sexual pleasure of severely disabled people should be publicly funded – by thereby partially legalizing prostitution. I propose an alternative that does not need to pose a new positive human right; does not need public funding; does not need the legalization of prostitution; and that would offer a better experience to the severely disabled: charitable non-profit (...) organizations whose members would voluntarily and freely provide sexual pleasure to the severely disabled. (shrink)

Disability has been a topic in multiple areas of philosophical scholarship for decades. However, it is only in the last ten to fifteen years that philosophy of disability has increasingly become recognized as a distinct field. In this paper, I argue that the foundational question of continental philosophy of disability is the question of the meaning of ability. Engaging a range of canonical texts across the Western intellectual tradition, I argue that the foundational question of continental philosophy (...) of disability is the question of the meaning of ability. I then explore three pathways toward this question: the verdict of bodies, the bind of bodies and worth, and the dogma of individual ability. I contend that unlike the question of the meaning of being, the question of the meaning of ability is not simply a problem of forgetting but instead a problem of cruelty and dehumanization. (shrink)

Typical discussions of virtual reality (VR) fixate on technology for providing sensory stimulation of a certain kind. They thus fail to understand reality as the place wherein we live and work, misunderstanding it instead as merely a sort of presentation. The first half of the paper examines popular conceptions of VR. The most common conception is a shallow one according to which VR is a matter of simulating appearances. Yet there is, even in popular depictions, a second, more subtle conception (...) according to which VR is a matter of facilitating new kinds of interaction. The latter half of the paper turns to questions about the contemporary technology of Internet chatrooms. The fact that chatrooms can be used in certain ways suggests something about the prospects for VR. The penultimate section asks whether chatrooms may legitimately be thought of as places. (In a sense, they may.) The final section asks whether cybersex may legitimately be thought of as sex. (Again, yes.) Chatroom technology thus provides an argument for the second conception of VR over its much ballyhooed rival. (shrink)

Australia, Canada, and New Zealand currently apply health requirements to prospective immigrants, denying residency to those with health conditions that are likely to impose an “excessive demand” on their publicly funded health and social service programs. In this paper, I investigate the charge that such policies are wrongfully discriminatory against persons with disabilities. I first provide a freedom-based account of the wrongness of discrimination according to which discrimination is wrong when and because it involves disadvantaging people in the exercise of (...) their freedom on the basis of morally arbitrary features of their identity. Discrimination is permissible, I suggest, when it is necessary to advance a valuable exercise of the discriminating agent’s freedom. I then apply this account to the case of social cost health requirements. Against critics of these requirements, I argue that it is sometimes permissible for states to discriminate against prospective immigrants with disabilities. States may do so, I suggest, when such discriminatory treatment is necessary to prevent an increase in rates of mortality and/or morbidity amongst citizens. Alongside critics of social cost health requirements however, I argue that existing policies are likely a form of wrongful discrimination insofar as they are too broad to satisfy this standard. (shrink)

In this chapter I offer an interpretation of Judith Butler’s metaphysics of sex and gender and situate it in the ontological landscape alongside what has long been the received view of sex and gender in the English speaking world, which owes its inspiration to the works of Simone de Beauvoir. I then offer a critique of Butler’s view, as interpreted, and subsequently an original account of sex and gender, according to which both are constructed—or conferred, as I would put it— (...) albeit in different ways and subject to different constraints. (shrink)

Luck egalitarianism’s commitment to neutralizing brute luck inequalities is thought to imply that the elimination of disabilities is an appropriate way to eliminate the unchosen disadvantage that often accompanies disabilities. This implication is not only intuitively objectionable to some, especially those concerned with disability justice, but is subject to objections from relational egalitarians that should be taken seriously. This paper defends the claim that disability elimination is not a natural implication of luck egalitarian theories of justice and that (...) luck egalitarians can avoid the related relational egalitarian objections. I take this to be the case because luck egalitarians can consistently endorse three commitments that, together, take disability elimination off the menu of possible ways to redress the disadvantage of persons with disabilities. These three commitments are: i) the rejection of the view that disability intrinsically makes a person worse off; ii) the endorsement of the fundamental equality of all persons; and iii) the view that luck egalitarianism advances a theory about the arrangement of social institutions. (shrink)

Drawing on Aristotle’s conception of the vices and virtues related to bodily pleasures, I argue that temperance and carnal wisdom, understood as practical wisdom about the conditions of bodily flourishing, are necessary for “mutual visibility” (full mutual perceptiveness and responsiveness in sex), as well as for treating ourselves and others as ends. Intemperance, “insensibility”, and carnal foolishness block mutual visibility by devaluing sensuous pleasures. Intemperance does this through objectification, insensibility through “disembodiment.” Since Aristotle has little to say about sex as (...) such, I extrapolate from his discussion of the virtues and vices in eating and drinking to sex, focusing on a feature of intemperance that is neglected in contemporary discussions but that is central to Aristotle’s own account of intemperance, viz., taking the wrong sort of pleasure in sex. (shrink)

Most interpreters of Heidegger’s reflections on the body maintain that—whether early, middle, or late in the Gesamtausgabe—Dasein’s or the mortal’s openness to being/beyng is the ground of the fleshly or bodily (das Leibliche), but not the reverse. In this paper, I argue that there is evidence from Heidegger’s own oeuvre demonstrating that this relationship is instead mutually reciprocal. That is to say, I contend that corporeal variability is constitutive of Dasein’s openness to being just as Dasein’s openness to being is (...) constitutive of its corporeal variability. Understood in this way, Heidegger’s thinking puts forward what I call a corpoietic understanding of the body and of the meaning of ability. I show that, despite the ableist assumptions at play in much of Heidegger’s work, such an understanding is nevertheless grounded in the idea of access, a central concept in philosophy of disability and disability studies. After developing this idea of ability as access, I close by addressing the larger political stakes of using Heidegger’s work to think about embodiment and disability given the Third Reich’s mass slaughter of people with disabilities. (shrink)

The emerging field of the philosophy of dance, as suggested by Aili Bresnahan, increasingly recognizes the problem that (especially pre‐modern) dance has historically focused on bodily perfection, which privileges abled bodies as those that can best make and perform dance as art. One might expect that the philosophy of dance, given the critical and analytical powers of philosophy, might be helpful in illuminating and suggesting ameliorations for this tendency in dance. But this is particularly a difficult task since the analytic (...) philosophy of dance is too young to have achieved a comprehensive treatment of dance per se, let alone to update such a treatment in line with the demands of social justice. As a step in that direction, the present article (a) summarizes dance theorists on disabled dance (as opposed to the dance of the temporarily able‐bodied, or TAB) and then applies (b) the philosophy of art and dance to disability, (c) the philosophy of disability to dance, (d) interdisciplinary disability theory to dance, and (e) my own Figuration philosophy of dance to disability, as inspired in part by John Dewey. (shrink)

The investigation that follows will flex in four directions, backwards and forwards, along the elastic threadthat ties the event of the bullfight to sex and thence a warm spill of sensation. In order to enter the fraythat is the bullfight, I will appropriate a term from Gilles Deleuze and Félix Guattari by way of which eachof the four thrusts I advance, or fights I present, can be read as asignifying ruptures [1] . With thisconcept we are encouraged to question the (...) integrity of signification. By breaching the threshold ofsignification there results a momentary loss of the senses, at which point we might take the opportunityto search out or invent other modes of making sense. The activity of writing, for instance, as one meansof experimenting with sense, "has nothing to do with signifying. It has to do with surveying, mapping,even realms that are yet to come" [2]. Though the bullfight is organised by way of its own particularcodes ofoperation and signification, much is also left to chance and the unexpected [3] . With thisemphasis on unexpected novelty in mind, I ask you to consider this paper as an arena in which fourbullfights will be conducted. The twists and turns of the trope of the bullfight will be surveyed across fourdifferent textual terrains in order to explore the effects that result in bringing these terrains into thevicinity of each other. As such, I will touch upon the work of Georges Bataille, Friedrich Nietzsche,Francis Bacon and Michel Leiris. As Nietzsche has suggested, using the tauromachic trope, to enter intoa "frightful and dangerous" enterprise does not necessarily enable the capture of an enraged bull [4]; atthe outset we cannot necessarily be assured of what will eventuate with the outcome. Furthermore, thatthe bull is always vanquished merely holds to the dictates of good and common sense, conventions that,in this arena, are only tenuously maintained. It is instead the event that surfaces as an incorporeal blocof sensation, exploding in the midst of the spectacle, that this paper determines to pursue. (shrink)

The recent #metoo movement has turned public attention to the problem of sex under conditions of power inequality. Is consent impaired, when you have plenty to lose (e.g. a great professional opportunity) from saying “no” to a sexual advance? And even if consent is valid, is this a morally acceptable situation, especially if one party is aware that their position of relative power will influence the other’s decision to have sex? Such situations bring to the fore not only the issues (...) of coerced sex and quid pro quo harassment (asking for sex in exchange for benefits), but the much more controversial question of whether sex between unequal but otherwise competent consenting adult partners is in principle OK—and whether institutions such as companies, universities, or the state itself should be in the business of regulating such relations. In what follows, I will outline the central concept of power asymmetry and its ethical relevance (section 2). I will then distinguish two main views about the ethics of sexual interaction under conditions of power asymmetry: a Kantian view, which categorically condemns such interactions, and a Millian view, which justifies at least some such interactions (section 3). I then briefly consider three contexts, which raise difficult questions about sex between unequals: the workplace, the university (section 4), and voluntary prostitution (section 5). Section 6 provides a short conclusion. (shrink)

The present study examined the relationship between left–right discrimination (LRD) performance and handedness, sex and cognitive abilities. In total, 31 men and 35 women – with a balanced ratio of left-and right-handers – completed the Bergen Left–Right Discrimination Test. We found an advantage of left-handers in both identifying left hands and in verifying “left” propositions. A sex effect was also found, as women had an overall higher error rate than men, and increasing difficulty impacted their reaction time more than it (...) did for men. Moreover, sex interacted with handedness and manual preference strength. A negative correlation of LRD reaction time with visuo-spatial and verbal long-term memory was found independently of sex, providing new insights into the relationship between cognitive skills and performance on LRD. (shrink)

This paper explores two separate elements of sex, namely sexual selection and crossover. A simple computerised genetic algorithm can confirm a possible connection between sexual selection and the elimination of copying errors.

This paper argues that luck egalitarianism, especially in the guise of equality of opportunity for welfare, is in tension with the ideal of fair equality of opportunity in three ways. First, equal opportunity for welfare is compatible with a caste system in employment that is inconsistent with open competition for positions. Second, luck egalitarianism does not support hiring on the basis of qualifications. Third, amending luck egalitarianism to repair this problem requires abandoning fair access to qualifications. Insofar as luck egalitarianism (...) cannot support fair equality of opportunity, it cannot do justice to the claims of the disabled. Indeed, in the absence of fair equality of opportunity, disabled people are likely to be marginalized. (shrink)

The study investigated assessment of sex and age impersonation as academic dishonest behaviour among post graduate students’ of Federal Universities of South-South, Nigeria. The study which is a survey research, involved a multi-stage stratified random sampling technique of 440 males and 490 females from 3 universities and 3 faculties of the same universities in South-South, Nigeria. Sample was selected through stratified random sampling approach. The study adopted frequencies, percentages, factor analysis and multiple classification analysis statistical tools. A questionnaire developed and (...) validated by the researcher titled: “Academic Dishonest Behaviour Questionnaire’’ (ADBQ) with Cronbach coefficient alpha reliability of 0.83 was used for data collection. Two research questions and one hypothesis were formulated for the study. The findings indicated that the students used for this study were involved in Sex and Age impersonation aspect of academic dishonest behaviours. Female students were seen to be more involved than male in impersonation, Students ages 25-29years are more culpable in impersonation as academic dishonest behaviour. It is therefore recommended among others that there should be synergy among stakeholders in the educational process to fight this art of impersonation. (shrink)

British art historian Charles Harrison presumes the existence of a patriarchal world with power in the hands of men who dominate the representation of women and femininity. He applauds the ground-breaking work of feminist theorists who have questioned this imbalance of power since the 1970s. He stops short, however, of accepting their claims that all women have been represented by male artists as images of “utter passivity” (p. 4), routinely reduced by the male gaze to the status of exploited sexual (...) objects, or that women’s subjectivity is eroded by the visual treatment they receive at the hands of male artists such as Manet and Picasso. He wants to show that what is depicted in the picture plane by the (typically male) artist and enjoyed by the (typically male) spectator is more nuanced than just a simple privileged understanding between two men. He adds a third (and possibly fourth or more) party to the mix when he significantly redefines and expands our concept of the gaze: “A gaze may also be conceived of as a function of a painting’s represented content” (p. 9). In other words, a gaze may be “addressed outward by a represented figure,” and regardless of who and where, “the assumption conveyed by the term [‘gaze’] is that some differential and usually asymmetrical relation will be at stake in any exchange between one who directs the gaze and another at whom it is directed. In fact, it is just this difference—in age, in sex, in class, in interest, in power —that the operation of the gaze tends to mark” (p. 9). Referring to a woman depicted within the picture plane, he asks us to consider, “What does it feel like to look like this?” (p. 21) in order to entertain our many emotional responses and interpretations. When he adds, “What does it feel like to whom?” the sexual difference of the spectator also clearly comes into play. (shrink)

Ableist attitudes and structures regarding disability are increasingly recognized across all sectors of healthcare delivery. After Dobbs, novel questions arose in the USA concerning how to protect reproductive autonomy while avoiding discrimination against and devaluation of disabled persons. As a case study, we examine the Louisiana’s Department of Public Health August 1st Emergency Declaration, “List of Conditions that shall deem an Unborn Child ‘Medically Futile.’” We raise a number of medical, ethical, and public health concerns that lead us to (...) argue the declaration should be rescinded. The ethically objectionable declaration provides valuable lessons concerning how to uphold both reproductive and disability justice in a post-Dobbs landscape. (shrink)

There is an uncanny agreement between the queer rejection of marriage, which resists affirming the legal recognition of same-sex relationships on the grounds that it codifies and normalizes non-heterosexual desire, and the religious objections to gay rights in North America, which oppose legal recognition on the grounds that it compromises the meaning of marriage and family. This article examines the relevance of Kierkegaard’s religious existentialism for the broader queer project of undermining the “normal” and moving beyond identity politics. It offers (...) a religious corrective of heteronormative versions of Christianity, exploring Kierkegaard's import for queer and critical theory. (shrink)

This letter was submitted to the Senate Standing Committee on Legal and Constitutional Affairs, Government of Canada, on 29th January, 2021, as final debate over Bill C-7 was being undertaken in the Senate regarding MAiD and the strong opposition to the legislation expressed across the Canadian disability community. It draws on our individual and joint work on eugenics, well-being, and disability.

Review of Slavoj Žižek, "Sex and the Failed Absolute".

In this paper I review how the notion of gender is understood in psychiatry, specifically in the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5). First, I examine the contraposition between sex and gender, and argue that it is still retained by DSM-5, even though with some caveats. Second, I claim that, even if genderqueer people are not pathologized and gender pluralism is the background assumption, some diagnostic criteria still conceal a residue of gender dualism and (...) essentialism. Third, I consider gender dysphoria, which is characterized by an incongruence between one’s experienced or expressed gender and one’s assigned gender; since this condition pertains to distress and disability, not to the incongruence per se, it does not pathologize transgender people. Still, I contend that it should be removed from DSM-5 for theoretical reasons. (shrink)

Williams Syndrome provides a striking test case for discourses on disability, because the characteristics associated with Williams Syndrome involve a combination of “abilities” and “disabilities”. For example, Williams Syndrome is associated with disabilities in mathematics and spatial cognition. However, Williams Syndrome individuals also tend to have a unique strength in their expressive language skills, and are socially outgoing and unselfconscious when meeting new people. Children with Williams are said to be typically unafraid of strangers and show a greater interest (...) in contact with adults than with their peers. This apparently keen social knowledge is a counterexample to the discussion of disability among academic philosophers, especially philosophers of the early modern period. Locke infamously used the example of disability to claim that Descartes’ arguments in favor of innate ideas were incorrect. On the contrary, Williams Syndrome may stand as an example of innate social knowledge; something that could benefit current discourse in philosophy, disability theory, and medical ethics. (shrink)

Since transition to higher education emerged as a research topic in the early 1970s, scholarly inquiry has focused on students without impairments and, what is more, little attention has been paid to the role of digital technologies. This article seeks to address this knowledge gap by looking at the university experiences of a group of first-year students with vision impairments from New Zealand, and the way they use digital tools, such as social media and mobile devices, to manage their transition-related (...) challenges. The article summarises the findings from a longitudinal qualitative project which was methodologically informed by action research (AR). The article explores and discusses scholarly inquiry of transition to university and introduces a conceptual framework which includes five overlapping stages, the transition issues faced by the students and the roles played by digital technologies. The article updates and expands the theoretical understanding of transition to higher education and provides empirical evidence for practitioners to support the needs, inclusion, and participation of young people with disabilities in the tertiary setting. (shrink)

This paper considers why obtaining and sustaining a good sexual life tends to be so challenging and why the temptation to settle for a bad one can be so alluring. We engage these questions by cultivating ideas found in the traditions of feminist philosophy and the philosophy of sex and love in dialogue with the works of two unlikely, canonical bedfellows—Immanuel Kant and Hannah Arendt. We propose that some sources of these challenges and temptations are patterned and manifold in that (...) they involve trying to transform, develop, integrate certain unruly emotional structures in oneself, including together with others. Other equally patterned and unruly sources track inherited oppressive or oppressed behaviors and feelings that make emotionally healthy, morally responsible realizations of sexual ways and being more difficult for all parties involved. In contrast to these patterned challenges, some difficulties that face us stem from the fact that humans are genuinely different from one another and evolving—individually, jointly, and collectively—in their sexual needs and wants. (shrink)

On some accounts, prostitution is just another form of casual sex and as such not particularly harmful in itself, if regulated properly. I claim that, although casual sex in general is not inher-ently harmful, prostitution in fact is. To show this, I defend an account of sex as joint action characteristically aimed at sexual enjoyment, here understood as a tangible experience of com-munity among partners, and argue that prostitution fails to achieve this good by incentivizing partners to mistreat each other. (...) To substantiate this claim, I explore ways in which prostitution fails on the virtues of temperance, respect, and sincerity. (shrink)

In the consolidated cases Altitude Express v. Zarda, Bostock v. Clayton County, and R.G. & G.R. Harris Funeral Homes v. EEOC, the Supreme Court will decide whether or not Title VII prohibits discrimination on the basis of sexual orientation or gender identity. Although the parties disagree as to the appropriate formulation of a but-for test to determine whether or not there was a discriminatory outcome, all parties do agree to the use of such a test, which asks “whether the evidence (...) shows ‘treatment of a person in a manner which but for that person’s sex would be different.’” City of Los Angeles, Dep’t. of Water and Power v. Manhart, 435 U.S. 702, 711 (1978). However, but-for tests confuse more than they clarify the inquiry; a discriminatory outcome cannot be explained by appeal to just a discrete characteristic of a particular person. Individuals are not discriminated against because of these characteristics per se. Rather, they are discriminated against because of the social meanings and expectations that attach to these characteristics. Beyoncé and Taylor Swift illustrate the difference between individual-level causation and social explanation in two separate songs, “If I Were a Boy” and “The Man.” The explanation for why the counterfactual ‘male’ Beyoncé and Swift are evaluated differently than their current ‘female’ versions does not lie in individual-level features considered apart from the social world, but in social-level roles and expectations associated with those features. For this reason, a social explanation test—one that asks whether the social meanings of sex characteristics, rather than the characteristics per se, explain the outcome in question—is more suitable for determining whether or not Title VII has been violated. (shrink)

Many models of cognitive ability and disability rely on the idea of cognition as abstract reasoning processes implemented in the brain. Research in cognitive science, however, emphasizes the way that our cognitive skills are embodied in our more basic capacities for sensing and moving, and the way that tools in the external environment can extend the cognitive abilities of our brains. This chapter addresses the implications of research in embodied cognition and extended cognition for how we think about cognitive (...) impairment and rehabilitation, how cognitive reserve mitigates neural impairment, and the distinction between medical and social models of disability. (shrink)

In my paper I discuss the argument that the absence of the legal possibility to contract same-sex marriages is discriminatory. I argue that there is no analogy between the legal situation of same-sex couples and African-Americans, women or disabled persons in the nineteenth century. There are important natural differences between same-sex and different-sex couples that are good reasons for the legal disparities between them. The probability of having and raising children is one of them. Therefore, demanding that same-sex couples have (...) rights similar to those that married couples currently have in Poland and justifying that claim by alleged discrimination is neither correct nor fair. (shrink)