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

This article examines Sheila Jeffreys’ analysis of the UK’s Gender Recognition Act (GRA) and her critique of trans identities. Situating her position within a wider radical feminist perspective, I suggest that her arguments against the GRA are grounded in a problematic understanding of sex and gender. In so doing, I defend how sex and gender are understood in the GRA. Furthermore, I show that radical feminist concerns about sex reassignment surgery and the complicity of trans individuals with stereotypical (...) gender norms are unwarranted. By highlighting the importance of attending to the embodied dimensions of sex and gender, I offer a partial defence of the UK’s GRA. In particular, I note the benefits that it can offer to trans individuals, although I suggest ways in which the GRA can be improved. Finally, I challenge radical feminists who see trans theory and identities as inimical to the goals of feminism. (shrink)

When the benefits of surgery do not outweigh the harms or where they do not clearly do so, surgical interventions become morally contested. Cutting to the Core examines a number of such surgeries, including infant male circumcision and cutting the genitals of female children, the separation of conjoined twins, surgical sex assignment of intersex children and the surgical re-assignment of transsexuals, limb and face transplantation, cosmetic surgery, and placebo surgery.

Ellie Anderson had always known that she wanted to have children. Her mother, Louise, was aware of this wish. Ellie was designated male at birth, but according to news sources, identified as a girl from the age of three. She was hoping to undergo gender reassignment surgery at 18, but died unexpectedly at only 16, leaving Louise grappling not only with the grief of losing her daughter, but with a complex legal problem. Ellie had had her sperm frozen (...) before starting hormone treatment, specifically so that she would retain the chance of becoming a parent after her gender reassignment. Ellie had considered what might happen to the sperm if she died and was adamant that her children should be brought into the world. She made her mother promise to ensure that this would happen. But according to UK law, Ellie’s mother has no legal right to retain her sperm, or to use it to fulfil Ellie’s wishes. In this paper, we raise several key ethical questions on this case, namely: does a refusal to bring Ellie’s children into the world wrong her posthumously? Is Ellie’s mother morally entitled to use her daughter’s sperm as Ellie wished? Should the fact that Ellie was a minor at the time of her death or the fact that she was transgendered undermine her wish to have children? Can Ellie become a parent posthumously? We consider how these complex ethical questions could be approached. (shrink)

In 1993 the Law Lords upheld the original conviction of five men under the 1861 Offences Against the Person Act for participating in sado-masochistic practices. Although the five men were fully consenting adults, the Law Lords held that consent did not constitute a defence to acts of violence within a sado-masochistic context. This paper examines the judgements in this case and argues that sado-masochistic practices are no different from the known exceptions cited by the court to the idea that consent (...) is no defence to violence (sport, parental chastisement and surgery). It also argues that if we can make sense of rape as a non-consensual, violent act, expressed through sex, then we can make sense of sado-masochism as a consensual sexual act, expressed through violence. (shrink)

The Welfare-Funded Sex Doula Programme is a proposed sexual needs service that advances the sexual citizenship of disabled people by providing specially trained ‘sex doulas’ to meet the various, often complex, sexual needs of disabled people. Conceived as providing disabled individuals with practical sexual support services, the role of the sex doula includes advocacy, counselling, therapy, and practical relief from sexual tension. The programme constitutes a robust, comprehensive, and theoretically cohesive welfare service that seeks to provision access to sexual citizenship (...) for disabled people. -/- Grounded in Aristotelian concepts of flourishing, the programme identifies sexual citizenship as a fundamental basic need and seeks to ensure that disabled people have the opportunity to achieve the same level of sexuality as able-bodied people. Work advancing the programme includes both philosophical and theoretical arguments showing how the programme is justified under several moral frameworks, and claims made therein have resulted in velitation in the literature regarding the potential of such a programme to violate individuals’ negative rights. (shrink)

From a radical feminist perspective, gender is a cage. Or to be more precise, it’s two cages. If genders are cages, then surely we want to let people out. Being less constrained in our choices is something we all have reason to want: theorists in recent years have emphasized the importance of the capability to do and be many different things. At the very least, we should want an end to sex-based oppression. But what does this entail, when it comes (...) to gender? In this paper, I’ll compare four ‘transitional pathways’, with a view to considering how each relates to the ultimate end of ending sex-based oppression. Should we open the doors to the cages, so that people can move freely between them, but leave the cages themselves in place?. Should we add more cages?. Should we make the cages bigger, so that people have a lot more room to move around inside them? Or should we dismantle the cages, so there are no more genders at all?. Some of these options are ‘gender revisionist’, others are gender abolitionist. I’ll argue in favour of a gender abolitionist pathway. (shrink)

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)

In its recent statement 'Sex Selection and Preimplantation Genetic Diagnosis', the Ethics Committee of the American Society of Reproductive Medicine concluded that preimplantation genetic diagnosis for sex selection for non-medical reasons should be discouraged because it poses a risk of unwarranted gender bias, social harm, and results in the diversion of medical resources from genuine medical need. We critically examine the arguments presented against sex selection using preimplantation genetic diagnosis. We argue that sex selection should be available, at least within (...) privately funded health care. (shrink)

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)

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.

How wrong is it to deceive someone into sex by lying, say, about one's profession? The answer is seriously wrong when the liar's actual profession would be a deal breaker for the victim of the deception: this deception vitiates the victim's sexual consent, and it is seriously wrong to have sex with someone while lacking his or her consent.

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)

Is sex work (specifically, prostitution) vulnerable to technological unemployment? Several authors have argued that it is. They claim that the advent of sophisticated sexual robots will lead to the displacement of human prostitutes, just as, say, the advent of sophisticated manufacturing robots have displaced many traditional forms of factory labour. But are they right? In this article, I critically assess the argument that has been made in favour of this displacement hypothesis. Although I grant the argument a degree of credibility, (...) I argue that the opposing hypothesis -- that prostitution will be resilient to technological unemployment -- is also worth considering. Indeed, I argue that increasing levels of technological unemployment in other fields may well drive more people into the sex work industry. Furthermore, I argue that no matter which hypothesis you prefer -- displacement or resilience -- you can make a good argument for the necessity of a basic income guarantee, either as an obvious way to correct for the precarity of sex work, or as a way to disincentivise those who may be drawn to prostitution. (shrink)

The irony of the rejection of the sex/gender distinction is that it renders sociology per se an impossible enterprise. For it is my submission that, contra Hood-Williams (1996) and others, the biological and the social constitute distinct, irreducible levels of reality: to conflate (in a ‘downwards’ or ‘upwards’ direction) the two levels is immediately to render analysis of their relative interplay at best intractable. It is indeed arguable that Hood-Williams is not so much concerned with (rightly) rejecting the so-called ‘additive’ (...) approach to the biological and the social where the biological base is seen a priori as immutable, but more fundamentally with rejecting the necessary dualism of nature and culture (ie the biological and the social). In contradistinction, a realist defence of the sex/gender distinction will be made, involving critical reference to various major writers in the field and offering a brief but tentative discussion of the provenance of gender. (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)

Many philosophers believe that our ordinary English words man and woman are “gender terms,” and gender is distinct from biological sex. That is, they believe womanhood and manhood are not defined even partly by biological sex. This sex/gender distinction is one of the most influential ideas of the twentieth century on the broader culture, both popular and academic. Less well known are the reasons to think it’s true. My interest in this paper is to show that, upon investigation, the arguments (...) for the sex/gender distinction have feet of clay. In fact, they all fail. We will survey the literature and tour arguments in favor of the sex/gender distinction, and then we’ll critically evaluate those arguments. We’ll consider the argument from resisting biological determinism, the argument from biologically intersex people and vagueness, the argument from the normativity of gender, and some arguments from thought experiments. We’ll see that these arguments are not up to the task of supporting the sex/gender distinction; they simply don’t work. So, philosophers should either develop stronger arguments for the sex/gender distinction, or cultivate a variety of feminism that’s consistent with the traditional, biologically-based definitions of woman and man. (shrink)

BACKGROUND: -/- Preconception sex selection for non-medical reasons raises serious moral, legal and social issues. The main concern is based on the assumption that a freely available service for sex selection will distort the natural sex ratio and lead to a severe gender imbalance. However, for a severe gender imbalance to happen, at least two conditions have to be met. First, there must be a significant preference for children of a particular sex, and second, there must be a considerable demand (...) for preconception sex selection. To ascertain whether or not these two conditions are met, we have conducted a survey in Germany. METHODS: -/- As a representative sample of the German population, 1094 men and women aged 18-45 years were asked about their gender preferences and whether or not they could imagine selecting the sex of their children through flow cytometric separation of X- and Y-bearing sperm followed by intrauterine insemination. RESULTS: -/- 58% of respondents stated that they do not care about the sex of their offspring. 30% wish to have a family with an equal number of boys and girls. 4% would like to have more boys than girls, 3% more girls than boys, 1% only boys and 1% only girls. For first-borns, however, there is still a preference for boys over girls. While 75.6% claimed to have no gender preference, 14.2% would like their first child to be a boy and 10.1% would like their first child to be a girl. Whereas 6% could imagine taking advantage of preconception sex selection, 92% found this to be out of the question. Even in the hypothetical case that a medication for sex selection were ever to become available, 90% stated that they would not want to use it. CONCLUSION: -/- Given that a majority does not seem to care about the sex of their offspring and only a minority seem to be willing to select the sex of their children, a freely available service for preconception sex selection for non-medical reasons is rather unlikely to cause a severe gender imbalance in Germany. (shrink)

People often assume that everyone can be divided by sex/gender (that is, by physical and social characteristics having to do with maleness and femaleness) into two tidy categories: male and female. Careful thought, however, leads us to reject that simple ‘binary’ picture, since not all people fall precisely into one group or the other. But if we do not think of sex/gender in terms of those two categories, how else might we think of it? Here I consider four distinct models; (...) each model correctly captures some features of sex/gender, and so each is appropriate in some contexts. But the first three models are inadequate when tough questions arise, like whether trans women should be admitted as students at a women’s college or when it is appropriate for intersex athletes to compete in women’s athletic events. (‘Trans’ refers to the wide range of people who have an atypical gender identity for someone of their birth-assigned sex, and ‘intersex’ refers to people whose bodies naturally develop with markedly different physical sex characteristics than are paradigmatic of either men or women.) Such questions of inclusion and exclusion matter enormously to the people whose lives are affected by them, but ordinary notions of sex/gender offer few answers. The fourth model I describe is especially designed to make those hard decisions easier by providing a process to clarify what matters. (shrink)

However liberalism is best understood, liberals typically seek to defend a wide range of liberty. Since same-sex marriage [henceforth: SSM] prohibitions limit the liberty of citizens, there is at least some reason to suppose that they are inconsistent with liberal commitments. But some have argued that it is the recognition of SSM—not its prohibition—that conflicts with liberalism’s commitments. I refer to the thesis that recognition of SSM is illiberal as “The Charge.” As a sympathetic liberal, I take The Charge seriously (...) enough to consider and ultimately reject it. Ultimately, I contend that The Charge is simply misguided and that arguments for it either fail to find support in some liberal principle or else find support from some illiberal principle. (shrink)

The Progressive favors extending the legal institution of marriage so as to include same-sex unions along with heterosexual ones. The Traditionalist opposes such an extension, preferring to retain the legal institution of marriage in its present form. I argue that the Progressive ought to broaden her position, endorsing instead the Liberal case for extending the current institution so as to include polygamous unions as well—for any consideration favoring Progressivism over Traditionalism likewise favors Liberalism over Progressivism. Progressives inclined to resist Liberalism (...) are invited to consider an alternative position: the Libertarian stance that favors instead the ‘disestablishment’ of marriage. (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)

What is it for an animal to be female, or male? An emerging consensus among philosophers of biology is that sex is grounded in some manner or another on anisogamy, that is, the ability to produce either large gametes (egg) or small gametes (sperm), though the exact nature of this grounding remains contentious. Here we argue for a new conception of this relation. In our view, one’s sex doesn’t depend on the kind of gamete one is capable of making, but (...) on the kind of gamete one is designed to make, where design is understood in terms of an evolutionary or ontogenetic selection process. Specifically, we argue that what it is to be, say, male, is to have a part or process that has the (proximal or distal) biological function of producing sperm. We outline and defend our view, and sketch some implications for scientific and social problems related to sex. (shrink)

In this paper I will use sex by deception as a case study for highlighting some of the most tricky concepts around sexuality and moral psychology, including rape, consensual sex, sexual rights, sexual autonomy, sexual individuality, and disrespectful sex. I begin with a discussion of morally wrong sex as rooted in the breach of five sexual liberty rights that are derived from our fundamental human liberty rights: sexual self-possession, sexual autonomy, sexual individuality, sexual dignity and sexual privacy. I then argue (...) (against the standard interpretation) that experimental findings in moral psychology show that the principle of respect for persons—a principle that grounds our human liberty rights—drives our intuitive moral judgments. In light of this discussion, I examine a puzzle about sex by deception—a puzzle which at first may seem to compel us to define 'rape' strictly in terms of force rather than sexual autonomy. I proceed by presenting an argument against the view that, as a rule, sex by deception undermines consent—a position held by prominent thinkers such as Philippe Patry (2001), Onora O’Neill (2003), Rubenfeld (2012), Tom Dougherty (2013a, 2013b), Joyce M. Short (2013), and Danielle Bromwich and Joseph Millum (2013, 2018). As we will see, sex following deception to increase your chances does not always constitute rape. Lying about your age, education, job, family background, marital status, or interest in a relationship, for example, does not make your sex partner incapable of consenting, which is to say that sex by deception need not be rape. I even go so far as to say that sex with another person that is facilitated by withholding information about having a venereal disease shouldn't be classified as rape. Although sex by deception doesn't compromise consent, it nonetheless violates the principle of respect for persons, not by vitiating sexual autonomy and compromising consent, but by failing to respect other sexual rights, such as our rights to sexual dignity, individuality, and privacy. (shrink)

This paper explores trans poetics as a way of doing trans philosophy. I begin by giving an overview of the current state of trans philosophy. I then give examples of other literatures wherein poetics is taken to be philosophically robust. After giving a brief history of trans poetics, I turn to the poetics statements and poetry of three trans poets—D'Lo, Ching-In Chen, and micha cárdenas—featured in the 2013 anthology Troubling the Line. I show how poetry is often uniquely able to (...) capture the ambiguity of the WTF of trans experience in ways that differ from philosophical argumentation. I conclude by suggesting that poetics might move us away from a potential politics of suffering in trans philosophy to a politics of liberation. (shrink)

Browne 1 (this issue ) argues that what may appear to be a benevolent practice-disclosing the sex of a fetus to expecting parents who wish to know-is in fact an epistemically problematic and, as a result, ethically questionable medical practice. Browne worries that not only will the disclosure of fetal sex encourage sex-selective abortions (an issue we will not take up here), but also that it will convey a misleading and pernicious message about the relationship between sex and gender. More (...) specifically, she contends that the practice of disclosure is problematic because (1) it purports to establish the gender of the developing baby based on information about the baby's sex, whereas this is not a warranted inference because while sex is determined by biological factors, gender is determined by social factors and (2) it conflates (biological) sex with (social) gender or encourages such conflation or reduction and thereby promotes 'essentialistic' thinking about gender that is closely linked to sexism and social injustice. If (1) is true, then disclosing fetal sex amounts to misinforming or misleading prospective parents-and since misinforming patients is wrong, the act of disclosing is also wrong. However, beyond the wrongs of misinforming patients, the practice also perpetuates the harms associated with a rigidly gendered society through endorsing the message in (2), thus lending the authority of the medical profession to the gender-essentialist ideas that have underpinned, and continue to drive, sexism and social injustice. This analysis leads Browne to recommend that clinicians be prohibited from informing parents about the sex of their developing fetus. -/- We agree with Browne that gender essentialism-the notion that 'femaleness' and 'maleness' carve out distinct natural classes with innate, immutable properties-is not only a false metaphysical thesis, but also a pernicious idea insofar as the sexist attitudes it fosters motivate policies that systematically violate the human rights of women, as well as those of the LGBTQ community. However, we do not think that the disclosure of fetal sex misinforms prospective parents about the gender of their baby, nor do we believe that such disclosure presupposes or promotes gender essentialism properly understood. (shrink)

Asking whether the sexes are natural kinds amounts to asking whether the categories, female and male, identify real divisions in nature, like the distinctions between biological species, or whether they mark merely artificial or arbitrary distinctions. The distinction between females and males in the animal kingdom is based on the relative size of the gametes they produce, with females producing larger gametes (ova) and males producing smaller gametes (sperm). This chapter argues that the properties of producing relatively large and small (...) gametes are causally correlated with a range of other properties in a wide variety of organisms, and this is what makes females and males natural kinds in the animal kingdom. The chapter concludes with a discussion of the relationship between sex and gender: while the difference between the sexes is biologically grounded, the difference between genders is socially based. Since gender depends in part on the perception of sex, whether or not gender is real or not does not depend on whether sex is, since social reality is constituted in part by our perceptions. The claim that sexes are natural kinds in the animal kingdom does not imply that the biological differences among female and male humans do and should have social consequences. (shrink)

The standard view about sex differences in sexual desire is that males are lusty and loose, while females are cool and coy. This is widely believed and is a core premise of some scientific programs like evolutionary psychology. But is it true? A mountain of evidence seems to support the standard view. Yet, this evidence is shot through with methodological and philosophical problems. Developments in the study of sexual desire suggest that some of these problems can be resolved, and when (...) they are, the standard view looks, at best, to be an exaggeration. (shrink)

When widespread use of sex‐selective abortion and sex selection through assisted reproduction lead to severe harms to third parties and perpetuate discrimination, should these practices be banned? In this paper I focus on India and show why a common argument for a ban on sex selection fails even in these circumstances. I set aside a common objection to the argument, namely that women have a right to procreative autonomy that trumps the state's interest in protecting other parties from harm, and (...) argue against the ban on consequentialist grounds. I perform a pairwise comparative analysis of sex selection and its plausible alternatives and argue that that the ban fails to improve the state of affairs relative to a scenario without a ban. The ban makes the situation worse, especially for mothers and their daughters. India should therefore repeal its ban on sex selection. (shrink)

Policies that require male-female sex comparisons in all areas of biomedical research conflict with the goal of improving health outcomes through context-sensitive individualization of medical care. Sex, like race, requires a rigorous, contextual approach in precision medicine. A “sex contextualist” approach to gender-inclusive medicine better aligns with this aim.

Though biologists identify individuals as ‘male’ or ‘female’ across a broad range of animal species, the particular traits exhibited by males and females can vary tremendously. This diversity has led some to conclude that cross-animal sexes (males, or females, of whatever animal species) have “little or no explanatory power” (Dupré 1986: 447) and, thus, are not natural kinds in any traditional sense. This essay will explore considerations for and against this conclusion, ultimately arguing that the animal sexes, properly understood, are (...) “historical explanatory kinds”: groupings that can be scientifically significant even while their members differ radically in their current properties and particular histories. Whether this makes them full-fledged natural kinds is a question I take up at the very end. (shrink)

Preconception sex selection for nonmedical reasons raises important moral, legal, and social issues. The main concern is based upon the assumption that a widely available service for sex selection will lead to a socially disruptive imbalance of the sexes. For a severe sex ratio distortion to occur, however, at least two conditions have to be met. First, there must be a significant preference for children of a particular sex, and second, there must be a considerable interest in employing sex selection (...) technology. Our objective was to ascertain such demand and preferences among the United States general population. (shrink)

English law is unambiguous that legal personality, and with it all legal rights and protections, is assigned at birth. This rule is regarded as a bright line that is easily and consistently applied. The time has come, however, for the rule to be revisited. This article demonstrates that advances in fetal surgery and (anticipated) artificial wombs do not marry with traditional conceptions of birth and being alive in law. These technologies introduce the possibility of ex utero gestation, and/or temporary (...) existence ex utero, and consequently developing human beings that are novel to the law. Importantly, therefore, the concepts of birth and born alive no longer distinguish between human beings deserving of legal protection in the way originally intended. Thus, there is a need for reform, for a new approach to determining the legal significance of birth and what being legally alive actually encompasses. Investigating the law of birth is of crucial importance, because of the implications of affording or denying the subjects of new reproductive technologies rights and protections. A determination of the legal status of the subject of fetal surgery or an artificial womb will determine what can and cannot be done to each entity. Moreover, the status afforded to these entities will drastically impact on the freedoms of pregnant women. (shrink)

We propose that virtue ethics can be used to address ethical issues central to discussions about sex robots. In particular, we argue virtue ethics is well equipped to focus on the implications of sex robots for human moral character. Our evaluation develops in four steps. First, we present virtue ethics as a suitable framework for the evaluation of human–robot relationships. Second, we show the advantages of our virtue ethical account of sex robots by comparing it to current instrumentalist approaches, showing (...) how the former better captures the reciprocal interaction between robots and their users. Third, we examine how a virtue ethical analysis of intimate human–robot relationships could inspire the design of robots that support the cultivation of virtues. We suggest that a sex robot which is equipped with a consent-module could support the cultivation of compassion when used in supervised, therapeutic scenarios. Fourth, we discuss the ethical implications of our analysis for user autonomy and responsibility. (shrink)

What is sex? Some feminists have harboured suspicions about this form of question, given its philosophical (or ‘metaphysical’1) pedigree. But philosophy no longer has the disciplinary monopoly on it. Indeed, with regard to sex, the more interesting task today is to pose and to attempt to answer the question from within a transdisciplinary problematic. For the question requires a theoretical response capable of recognizing that it concerns a cultural and political (and therefore neither a specifically philosophical nor a merely empirical) (...) problem. It requires an account of sex which is theoretically satisfying whilst being both adequate to and critical of everyday experience; a critical-theoretical account capable of embracing the everyday experience of sex, its lived contradictions. This article represents a first attempt to construct a transdisciplinary concept of sex to this end. It traces a line from Simone de Beauvoir’s The Second Sex to some recent attempts to define ‘sex’ and various related but importantly different concepts, and ends by proposing an answer to the question ‘What is sex?’ that draws on the philosophy of Immanuel Kant. For our transdisciplinary efforts will of necessity spring from some specific discipline(s) while not remaining confined within them, and not allowing them to remained confined within themselves (which has been something of a problem for philosophy, historically). (shrink)

In July 2014, the roboticist Ronald Arkin suggested that child sex robots could be used to treat those with paedophilic predilections in the same way that methadone is used to treat heroin addicts. Taking this onboard, it would seem that there is reason to experiment with the regulation of this technology. But most people seem to disagree with this idea, with legal authorities in both the UK and US taking steps to outlaw such devices. In this paper, I subject these (...) different regulatory attitudes to critical scrutiny. In doing so, I make three main contributions to the debate. First, I present a framework for thinking about the regulatory options that we confront when dealing with child sex robots. Second, I argue that there is a prima facie case for restrictive regulation, but that this is contingent on whether Arkin’s hypothesis has a reasonable prospect of being successfully tested. Third, I argue that Arkin’s hypothesis probably does not have a reasonable prospect of being successfully tested. Consequently, we should proceed with utmost caution when it comes to this technology. (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)

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)

In September 2015 a well-publicised Campaign Against Sex Robots (CASR) was launched. Modelled on the longer-standing Campaign to Stop Killer Robots, the CASR opposes the development of sex robots on the grounds that the technology is being developed with a particular model of female-male relations (the prostitute-john model) in mind, and that this will prove harmful in various ways. In this chapter, we consider carefully the merits of campaigning against such a technology. We make three main arguments. First, we argue (...) that the particular claims advanced by the CASR are unpersuasive, partly due to a lack of clarity about the campaign’s aims and partly due to substantive defects in the main ethical objections put forward by campaign’s founder(s). Second, broadening our inquiry beyond the arguments proferred by the campaign itself, we argue that it would be very difficult to endorse a general campaign against sex robots unless one embraced a highly conservative attitude towards the ethics of sex, which is likely to be unpalatable to those who are active in the campaign. In making this argument we draw upon lessons from the campaign against killer robots. Finally, we conclude by suggesting that although a generalised campaign against sex robots is unwarranted, there are legitimate concerns that one can raise about the development of sex robots. (shrink)

Sex determines much about one's life, but what determines one's sex? The answer is complicated and incomplete: on close examination, ordinary notions of female and male are vague. In 2012, the International Olympic Committee further specified what they mean by woman in response to questions about who, exactly, is eligible to compete in women's Olympic events. I argue, first, that their stipulation is evidence that the use of vague terms is better described by semantic approaches to vagueness than by epistemic (...) approaches. In addition, the IOC's 2012 stipulation was made with sensitivity to its practical consequences. Linguistic actions often have morally relevant consequences, and I contend that, other things equal, we should adopt theories about language that acknowledge the responsibility we bear for what we say. Taking vagueness to be an epistemic phenomenon precludes the sense of agency needed for moral responsibility; taking it to be semantic does not. Thus I advance two arguments for semantic approaches to vagueness, as against epistemic approaches: one descriptive and one normative. (shrink)

BACKGROUND Preconception sex selection for non-medical reasons is a controversial issue in bioethics. Little research has described preferences for preconception sex selection among Arab populations. This study describes the sex preference and interest in employing sex selection techniques among pregnant women in northern Jordan. -/- METHODS A self-reported questionnaire was administered to 600 pregnant women in Irbid, Jordan. χ2 test and binary logistic regression were used to examine the factors associated with interest in preconception sex selection. -/- RESULTS In general, (...) the interest in using sex selection was low. Women who preferred boys were more likely to be interested in sex selection, if paid for by the couple [odds ratio (OR) = 4.40, 95% confidence interval (CI): 1.75–11.11] or by health insurance (OR = 3.42, 95% CI: 1.94–6.06), or, if feasible, administered through oral medication (OR = 8.84, 95% CI: 5.05–15.63). Women with lower education were more likely to be interested in sex selection, if paid by health insurance (OR = 1.96, 95% CI: 1.10–3.45) and were more likely to believe that sex selection is legal (OR = 1.79, 95% CI: 1.06–2.86). Women who had no boys were more likely to be interested in sex selection, if paid by health insurance (OR = 1.94, 95% CI: 1.10–3.42) or, if feasible, through medication (OR = 3.03, 95% CI: 1.82–5.00). -/- CONCLUSIONS The majority of participants were not in favor of using preconception sex selection. Those with a preference to have boys, with lower education, and those with an imbalanced family were more likely to be interested in using sex selection technology. (shrink)

Paternalistic behaviour directed towards a person’s informed and competent decisions is often thought to be morally impermissible. This view is supported by what we can call the Anti-Paternalism Principle. While APP might seem plausible when employed to show the wrongness of paternalism by the state, there are some cases of paternalistic behaviour between private, informed, and competent individuals where APP seems mistaken. This raises a difficulty for supporters of APP. Either they need to reject APP to accommodate our intuitions in (...) these cases, or provide grounds for thinking that paternalistic behaviour between certain private individuals is different in a morally relevant sense. In this paper, I explore several possible morally relevant differences, and find all of them unsatisfactory as grounds for maintaining the plausibility of APP. (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)

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)

In the political discourse regarding gender identity, the concept of biological sex has been weaponised by gender critical commentators to oppose gender affirmation for trans people. Recently, these commentators have appealed to an essentialist model of sex based on anisogamy, or relative gamete size, to argue that one’s sex is an immutable characteristic. I argue that the gender critical argument is unsound. The diverse purposes of sex classification and the complex variability of people’s sexual characteristics show that an essentialist model (...) is untenable. I then consider how a more adequate theoretical framework from the philosophy of biology can accommodate this complexity and capture how sex is classified in relevant contexts. Further implications of the framework are explored which concern the vagueness, polysemy, and mutability of sex. These undercut the gender critical argument and show that the appeal to biological sex fails to undermine gender affirmation for trans people. (shrink)

Given that sex selection does not harm anyone, there is no moral justification for a legal ban.

The aim of this survey was to explore the attitudes towards gender selection, focusing on people who were affected by infertility and also familiar with advanced technologies such as the internet. Although this survey is based almost exclusively on answers from women, it seems reasonable to conclude that a widely available service for preconception sex selection for non-medical reasons would not cause a severe gender imbalance in Germany.

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)