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

In this paper, I try to make sense of the possibility of several forms of voluntarily undertaken “sexual obligation.” The claim that there can be sexual obligations is liable to generate worries with respect to concerns for gender justice, sexual freedom, and autonomy, especially if such obligations arise in a context of unjust background conditions. This paper takes such concerns seriously but holds that, despite unjust background circumstances, some practices that give rise to ethical sexual (...) obligations can actually ameliorate some of the problems caused by such background conditions. Similarly, despite a surface appearance that sexual obligation and sexual autonomy are in tension, this need not be the case. By understanding how practices and conventions regulate the way such obligations can arise, this paper shows how supporting the possibility of sexual obligation can actually facilitate individual efforts to achieve sexual autonomy. (shrink)

Our position is that the threat and experience of violence that sex workers face is a crucial issue to address and should be considered in debates concerning the legalization of prostitution because even in countries where prostitution is legalized, prostitutes continue to experience violence. Our focus is to show that violence is crucially important to address because both the experience and the fear of physical, sexual or psychological harm erodes women ’s capacity to choose and act autonomously. We shall (...) argue, then, that despite differences between inside and outside prostitution, all women in prostitution suffer unacceptable levels of violence ; hence, we conclude that all forms of prostitution continue to be morally problematic. (shrink)

There are conceptual and ethical challenges to defining adolescents’ autonomy to access health care, and these can lead to health care norms and practices that could be maladjusted to the needs and preferences of adolescents. Particularly sensitive is access to sexual and reproductive health care services (SRHS). Yet, while there has been substantial conceptual work to conceptualize autonomy (e.g., as independence), there is a lack of empirical research that documents the perceptions of adolescents regarding on how they (...) access or wish to access health care services. The main objectives of this research were to (a) understand how adolescents in Colombia interpret the concept of “autonomy,” (b) describe how these adolescents articulate their autonomy (i.e., preferences) in accessing SRHS, and (c) analyze the ethical issues emerging from these data. Forty-five semi-structured interviews were conducted with participants aged 14 to 23 years old in the Departments of Antioquia and Valle del Cauca in Colombia. Our study showed that participants’ understanding of autonomy was context-based and highly dependent on personal experiences, and these influenced their choice in how to access SRHS. Seen through the ethical lens of a reproductive justice framework, our results highlight the unequal opportunities for adolescents in terms of autonomy to access SRHS. (shrink)

Stephen Schulhofer's book, Unwanted Sex: The Culture of Intimidation and the Failure of Law, provides a carefully constructed and powerful case for rape-law reform. His effort is distinctive in three ways: (1) it takes the basic question of reform to be the moral one of determining which sexual interactions ought to be the subject of the criminal law, (2) it takes the right of sexual autonomy to serve as the basis for any successful legal reform, and (3) (...) it makes a philosophically sophisticated case for his own reform proposal. Schulhofer's efforts should be of great interest to philosophers, especially feminist legal philosophers, interested in questions that bear direct relevance to the relationships between autonomy, coercion, and consent as constrained by the requirements of due process. His careful and scrupulously fair discussion of influential reform recommendations set the stage for his own position (discussed in section VII), a critical evaluation thereof (sections VII and VIII), and sympathetic recommendations in VIII and IX. Of special value here is Schulhofer's attempt to extend his analysis of coerced consent to include certain "offers" made in contexts (e.g., the workplace) characterized by significant power differentials between persons. Section IX offers suggestions, generally friendly to Schulhofer's overall reform proposals, for identifying wrongful sexual interactions occurring in certain institutional or professional contexts. (shrink)

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

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

This study’s objective was to understand Colombian adolescents’ experiences and preferences regarding access to sexual and reproductive health services (SRHS), either alone or accompanied. A mixed-method approach was used, involving a survey of 812 participants aged eleven to twenty-four years old and forty-five semi-structured interviews with participants aged fourteen to twenty-three. Previous research shows that adolescents prefer privacy when accessing SRHS and often do not want their parents involved. Such findings align with the longstanding tendency to frame the ethical (...) principle of autonomy as based on independence in decision-making. However, the present study shows that such a conceptualization and application of autonomy does not adequately explain Colombian adolescent participants’ preferences regarding access to SRHS. Participants shared a variety of preferences to access SRHS, with the majority of participants attaching great importance to having their parents involved, to varying degrees. What emerges is a more complex and non-homogenous conceptualization of autonomy that is not inherently grounded in independence from parental involvement in access to care. We thus argue that when developing policies involving adolescents, policymakers and health professionals should adopt a nuanced “relational autonomy” approach to better respect the myriad of preferences that Colombian (and other) adolescents may have regarding their access to SRHS. (shrink)

When philosophers consider factors compromising autonomy in consent, they often focus solely on the consent-giver’s agential capacities, overlooking the impact of the consent-receiver’s conduct on the consensual character of the activity. In this paper, I argue that valid consent requires justified trust in the consent-receiver to act only within the scope of consent. I call this the Trust Condition (TC), drawing on Katherine Hawley’s commitment account of trust. TC constitutes a belief that the consent-receiver is capable and willing to (...) act as we expect from them. If such trust is not warranted, I argue, consent lacks the appropriate normative grounds. After establishing TC, I explore its application in the sexual arena, asserting that due to the non-contractual dimensions of sexual activity — such as the dynamic nature of sexual desires and the absence of external factors effectively binding sexual partners to the terms of consent—trust is warranted in sexual consent by means of care. I define care as a special sensitivity and attention toward the partner’s will and discuss how this approach leads to safer intimate relationships in practice. (shrink)

In pornography, standard modelling contracts often require a performer to surrender rights over their public image and sexual media in perpetuity and across mediums. Under these contracts, performers are unable to determine who accesses, for what duration, and under what conditions, their sexual media. As a result, pornography has been described by some performers as a “life sentence” - a phrase which, if true, violates some strong intuitions we share about the importance of autonomy in sexual (...) activity. Using the framework of “affirmative consent,” I argue that these contracts violate performers' rights to sexual autonomy, and ought therefore to be considered objectionable. Overall, I argue that the legal regimes we create have a strong impact on people’s lives, and more important than legislating individual outcomes, the type of infrastructure we build around people’s decisions has the potential to radically empower - or disempower - those engaged in sex work. (shrink)

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

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

In 2012, the politician Todd Akin caused a firestorm by suggesting, in the context of an argument about the moral permissibility of abortion, that some forms of rape were. This seemed to imply that other forms of rape must not be legitimate. In response, several commentators pointed out that rape is a and that there are. While the intention of these commentators was clear, I argue that they may have played into the very stereotype of rape endorsed by Akin. Such (...) a response, I claim, actually obscures a range of sexual harms, including some that may not rise to the level of being a crime. I also offer some thoughts on the moral psychology behind anti-abortion arguments of the kind advanced by Akin. (shrink)

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

In January 2024, non-consensual deepfakes came to public attention with the spread of AI generated sexually abusive images of Taylor Swift. Although this brought new found energy to the debate on what some call non-consensual synthetic intimate images (i.e. images that use technology such as AI or photoshop to make sexual images of a person without their consent), female celebrities like Swift have had deepfakes like these made of them for years. In 2017, a Reddit user named “deepfakes” posted (...) several videos in which he had used opensource machine learning tools to swap the faces of female celebrities on to the faces of female porn actors, displaying what appeared to be live video footage of the celebrity engaging in sex acts she never engaged in. Since that time, deepfake technology has advanced astronomically. What once were choppy sexualized videos are now nearly flawless videos that can be difficult to distinguish from a real video. According to recent research on deepfakes by Sensity AI, this technology has been used primarily on women to create sexual videos. These women’s sexual autonomy has been co-opted for the purposed of gratifying men’s sexual pleasure, but have also been used in campaigns to delegitimize and humiliate female journalists and politicians. In Canada, civil and criminal legislation has addressed the non-consensual distribution of intimate images, but in only a few provinces – British Columbia, New Brunswick, Prince Edward Island and Saskatchewan – does this offence include altered images that could include deepfakes. This paper explores the evolution of synthetic technology such as AI image generators and Canada’s legal responses to the non-consensual sharing of intimate images. (shrink)

Philosophers have become newly interested in the ethics of sex. One promising feature of this new discussion is that it has been broadening our moral lens to include individuals whose sexual interests have historically been denied or ignored. One such group is the elderly. Contrary to popular belief, many elderly people want to have sex and see it as a regular part of their lives. If society harbors ignorance about or prejudice against elderly sexuality, it harbors stronger views against (...) the sexual expression of elderly people with dementia. People with dementia are often prohibited by nursing‐home staff, sometimes in extreme ways, from having sex with their partners. This prohibition is at least partly motivated by the goal of protecting the vulnerable. However, cutting people with dementia off from sex has negative health effects and is a needless restriction of their autonomy. In this article, I argue that the expanding moral lens in sexual ethics should include the sexual expression of elderly individuals with dementia and that their sexual expression should be respected. Specifically, I argue that many people with dementia are competent to consent to sexual activity with their long‐term partners. (shrink)

Much of the existing philosophical literature on BDSM focuses on questions about the ethics of BDSM. But there is an underlying question here regarding the nature of BDSM, one which remains largely unaddressed. In this paper, I take that metaphysical question to be prior to the normative one. In other words: it will be important to have a clear view of what BDSM is before we go on to evaluate it. -/- This is a paper about the nature of BDSM (...) and BDSM activities: what they are like, what makes them unique, and the ways in which these activities might be valuable. Here, I work from the philosophical literature on games to analyze structured erotic encounters (or “scenes”) in BDSM. In the first half of the paper, I argue that BDSM scenes are games, and that understanding them in this way yields important insights into the roles of agency, autonomy, and value in BDSM. In the second half of the paper, I map points of connection between this view of scenes-as-games and the existing literature on BDSM in sexual ethics, in order to illuminate the ways in which a moral evaluation of BDSM scenes might proceed from this analysis. (shrink)

Objective Our study sought to (1) describe the practices and preferences of Colombian adolescents in accessing sexual and reproductive health services: accompanied versus alone; (2) compare actual practices with stated preferences; and (3) determine age and gender differences regarding the practice and these stated preferences. -/- Methods 812 participants aged 11–24 years old answered a survey in two Profamilia clinics in the cities of Medellin and Cali in Colombia. A cross-sectional analysis was performed to compare participants’ answers based on (...) the variables of gender and age. -/- Results A quarter of participants visited the clinic alone (25.4%). Females were more likely to go alone in comparison to males (26.3% vs 14.1%; p = 0.031), and older participants went alone more often than younger participants (p < 0.001). Most participants – 72.7% (95 %CI: 69.3–75.9) – expressed a preference in being accompanied to the clinic, and more than 90% had their preferences met. The preferences of older participants were, however, less likely to be met than those of younger participants (p < 0.001), notably, because they predominantly wanted to be accompanied. -/- Conclusion Contemporary public health and bioethics literature advocates in favor of developing health services that better meet the preferences of adolescents. The present research highlights an apparent blind spot related to the role that others (e.g., parents, friends, partners) can or should play in accompanying adolescent patients when they access sexual and reproductive health services. Respecting adolescents’ preferences, and hence their autonomy, is not simply a matter of ensuring freedom from constraints (e.g., their right and ability to go alone). Rather, it should also consider the liberty to choose whether to be accompanied when accessing SHRS and by whom. (shrink)

In this paper, I discuss a subset of preferences in which a person desires the fulfillment of a choice they have made, even if it involves the violation of their desires, as in rape fantasies. I argue that such cases provide us with a unique insight into personal autonomy from a proceduralist standpoint. In its first part, I analyze some examples in light of Frankfurt's endorsement theory and argue that even when we cannot endorse a practical decision that involves (...) being violated, we nonetheless regard those cases as instances of autonomy. Therefore, autonomy does not necessarily require endorsement. Instead, I propose that the nature of the relevant highest-order volition dictates the procedure that should be established in one’s desire structure for its fulfillment. In the second part, I discuss how an agent may effectively consent to the violation of their decision by another person. Ordinary consent typically refers to actions but fails to communicate one's higher-order desires or commitments. To address this limitation, I propose a practical tool that accomplishes this by signaling shifts in the normative context where the agents are interacting. (shrink)

Recently there has been a movement in feminist jurisprudence against what has been termed “sex exceptionalism.” Those campaigning for its elimination argue that sex exceptionalism, the process by which “sex is routinely distinguished from comparable human practices and subjected to singular regulation,” is pernicious not only to women in particular, but to sexual freedom in general. However, this critique is too strong. -/- While sex exceptionalism has the potential to be harmful in some spheres, the failure to be sex (...) exceptionalist is equally harmful in other contexts. In this paper, I argue that law which is anti-sex-exceptionalist, in my terms “sex depreciationist,” can also uphold negative cultural norms and impinge on the rights of the marginalized - two of the critiques often levied against sex exceptionalism. In select situations, differential legal treatment is a tool of sexual justice rather than oppression. -/- I make this case by highlighting an example where the law’s failure to be sex exceptionalist is detrimental: the application of the ordinary premises of contract law to pornography contracts. Pornography performers are often subject to what is termed “permanent pornography contracts,” under which the production company is granted the “irrevocable, worldwide, perpetual right and authority” over performer’s sexual images. As a result, performers are perpetually unable to revoke consent to the dissemination of their media, leading to a loss of sexual autonomy. This is an area where the failure to treat sex as appropriately distinct from other forms of media leads to direct harm. -/- Contract law’s refusal to recognize the special implications of sex does not challenge sex negativity; indeed, it upholds the antiquated and dangerous ideas about femininity, sexuality, and promiscuity which the sex depreciationist case purports to displace. Even more importantly, sex depreciationism in the context of pornography contracts inflicts profound suffering on real individuals. Given these consequences of present contracting practices, the anti-sex-exceptionalist case is evidently not – as proponents suggest – synonymous with sexual justice. (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)

The author examines two proposals to expand legal recognition of individual control over physical integrity. Protections for individual autonomy are discussed in relation to the right to die, euthanasia, medical treatment, and consensual and assaultive sexual behaviours. The author argues that at present, the legal doctrine of consent protects only those individual preferences which are seen to be congruent with dominant societal values; social preferences and convenience override all other individual choices. Under these conditions, more freedom to waive (...) rights of physical integrity can only place socially vulnerable persons at great risk of abuse. (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.

The present war in Ukraine has seen millions of women flee as refugees, while martial law forbids adult men under 60 from leaving the country. According to various reports, many and perhaps most women Ukrainian refugees are breaking romantic ties with the men they leave behind, building new lives with men in their countries of refuge, and/or planning never to return. I avoid any comment about the morality of these events, and instead take up the general question of whether women (...) war refugees have any obligations of “connubial loyalty” to their menfolk in circumstances where those men are discharging a moral obligation to fight in the war that precipitated their womenfolk’s flight in the first place. I answer that they do. (shrink)

The objective of this work is to present Michel Foucault's perspective on the formation of moral subjectivity according to his text entitled “The use of pleasures and the techniques of self”. In the referred text, Foucault emphasizes that moral action should not be constituted in acts according to a rule of conduct supported by moral concepts, but in acts according to a pure relation of the subject with his internal wisdom (subjectivity), a relationship that should not be understood as simply (...) a “self-awareness” as a moral subject, but as a “constitution of the self” as a moral subject In this article, Foucault's position on the formation of moral subjectivity is considered to analyze the place of desire in the autonomy of oneself and of practical attitudes, especially if they are considered: the subject's experience as a process in which both subjectivity and desires are modified or annulled by specific norms or laws, established in certain societies and culture, almost always linked to norms of sexuality; the power of the strongest, insofar as it influences institutions to spread interests in society, corrupting the particular desires of individuals; the “techniques of self”, as rational and voluntary practices that curb desires, by which human beings determine for themselves rules of conduct that correspond to aesthetic values. (shrink)

Based on accounts and rewrites, this article intends to think about paths in photography history, their connections between ethics, and use of image and narrative appropriations. Taking the Pará Amazon as a place of reflection, an effort is made to rethink the power relation-ship constituted by a specific point of view in the history of image. This text had the collaboration of Izabelle Louise Anaúa Tremembé, an indigenous student at Federal University of Pará (UFC). In her accounts, she talks about (...) appropriation culture, exotification of sacred objects, and sexualization of female bodies, as well in her speech, she affirms the lack of knowledge when it comes to their rituals and even brought up that indigenous autonomy in making art has always existed. The accounts were articulated on the occasion of the meeting between teachers and photography and cinema producers, in April 2019, Alcantara, Maranhão. (shrink)

Kant is famous for his universalist moral theory, which emphasizes human dignity, equality, and autonomy. Yet he also defended sexist and (until late in his life) racist views. In this essay, I address the question of how current readers of Kant should deal with Kant’s sexism and racism. I first provide a brief description of Kant’s views on sexual and racial hierarchies, and of the way they intersect. I then turn to the question of whether we should set (...) aside Kant’s sexism and racism or ‘translate’ his egalitarian principles into inegalitarian ones. I argue for a third position, namely, that we should highlight the tensions that pervade Kant’s theory. In the final section, I argue that the use of inclusive language and female pronouns in recent discussions of Kant’s moral and political philosophy carries significant risks. I end by articulating several preconditions for fruitfully using Kant’s moral principles to criticize sexism and racism. (shrink)

Gender affirming hormone treatment is an important part of the care of trans adolescents which enables them to develop the secondary sexual characteristics congruent with their identified genders. There is an increasing amount of empirical evidence showing the benefits of gender affirming hormone treatment for psychological health and social well-being in this population. However, in several countries, access to gender affirming hormone treatment for trans adolescents has recently been severely restricted. While much of the opposition to gender affirming hormone (...) treatment for trans adolescents has in part been ideologically motivated, it also reflects a debate about whether there are harms that outweigh the benefits of the treatment. Accordingly, a systematic and comprehensive philosophical analysis of the ethics of gender affirming hormone treatment for trans adolescents is needed. Herein, I offer such an analysis that draws on the four principles of biomedical ethics by Tom Beauchamp and James Childress. Based on the considerations of beneficence, nonmaleficence, autonomy, and justice, I argue that the provision of access to gender affirming hormone treatment for consenting trans adolescents is ethically required and that the current restrictions to such treatment are ethically wrong. (shrink)

There is a tendency in contemporary jurisprudence to regard political authority and, more particularly, legal intervention in human affairs as having no justification unless it can be defended by what Laing calls the principle of modern liberal autonomy (MLA). According to this principle, if consenting adults want to do something, unless it does specific harm to others here and now, the law has no business intervening. Harm to the self and general harm to society can constitute no justification for (...) legal regulation or prohibition. So pervasive is this understanding of legal intervention in human affairs, that it is common now to encounter arguments in favour of permissive laws on, for example, private drug use, pornography, sexual and reproductive choice, based on the idea that to intervene in these areas would constitute a breach of the liberal ideal. The only alternative to modern liberal autonomy is assumed to be radical oppression, in which the State intervenes in the individual’s life to impose unwarranted measures designed to further its own ends. The legacy of Stalin, Hitler and other modern tyrants has undermined conceptual appeals to the common good. So widespread is this liberal assumption in the Western, English-speaking world that critics of the outlook embodied by MLA are customarily regarded with suspicion and charged with paternalism, narrow-mindedness and intolerance. Laing highlights contradictions inherent in the modern liberal tradition. She argues that there is a certain reliance on the notion of the common good within the natural law tradition that is instructive. According to this view, the common good constitutes a mean between two extremes: on the one hand, contemporary liberalism’s over-insistence on radical individual autonomy and, on the other hand, totalitarianism’s over-emphasis on collective social benefit. There is, I will argue, substantial terrain between the conceptual excesses of modern liberalism and oppressive tyranny that needs to be acknowledged and discussed. (shrink)

All too often women are considered sexy in accordance with an externally dictated and unduly narrow conception of sexiness – one that excludes large portions of the female population from being considered sexy. In response to this, some feminists have suggested that we should give up on sexiness altogether. Since the agency, subjectivity, and autonomy of a woman being judged sexy is generally ignored, they argue, we have, in effect, an equation of sexiness with objecthood. In a recent essay (...) entitled “Sex Objects and Sexy Subjects” Sheila Lintott and Sherri Irvin object to this strategy because they see sexuality as a crucial element of selfhood – something that one cannot simply ‘give up on’. Instead, they propose to reclaim and redefine sexiness in such a way that makes room for women as sexy subjects desiring and pursuing authentic pleasure. In this short paper, I will investigate the merits and shortcomings of their proposal and present an alternative account. (shrink)

The following leverages a queer(ed) somaesthetic lens to analyze the protagonist of "Poor Things" (2023), Bella Baxter, as a figure of deviance. Bella's body, as a queer(ed) space, serves as a vehicle for learning through the sensual erotic, a source of social discourse on personhood, morality, and autonomy, and a space where others project hegemonic norms of beauty, gender, and sexuality. The article further examines queerness through her identity, actions, gender, and sexuality and challenges conventional norms, making her body (...) a site for exploration and expression of deviation. Finally, the article examines the role of power, policing, and violence as a by-product of deviance, drawing parallels between Bella's experiences and those of queer people and other marginalized groups. By exploring Bella's character, the paper illuminates "Poor Things" (2023) as a compelling commentary on queer(ed) and embodied discussions of identity, autonomy, and personhood. (shrink)

Bobier and Omelianchuk argue that the Birth Strategy for addressing analogies between abortion and infanticide is saddled with a dilemma. It must be accepted that non-therapeutic late-term abortions are either, impermissible, or they are not. If accepted, then the Birth Strategy is undermined. If not, then the highly unintuitive claim that non-therapeutic late-term abortions are permissible must be accepted. I argue that the moral principle employed to defend the claim that non-therapeutic late-term abortions are morally impermissible fails to do so. (...) Furthermore, the principle that people have a right to bodily autonomy can be used as an argument for the conclusion that non-therapeutic late-term abortions are permissible and is intuitively stronger than the intuition for the opposite of this conclusion. This is because people having a right to bodily autonomy explains the impermissibility of rape and sexual assault. Consequently, the posited dilemma is defused and does not undermine the Birth Strategy. (shrink)

Representing the best popular and scholarly contributions to transgender/ sex studies, and with their mutual concern with female-to-male sex and gender crossing (among other topics), these three books mark an important shift in scholarship on gender and sexuality. Trans studies has reached a level of autonomy and sophistication that firmly establishes it as a field with its own theoretical and political questions. Of course, connections to feminist and queer theory are still very apparent in these texts, and all three (...) authors are committed—to varying degrees—to reading trans identities against the backdrop of male dominance and heteronormativity. It’s no longer enough, however, for feminist readers to dismiss the projects of trans theorists and activists as epiphenomenal to feminist discourses or even queer theory, or to view trans studies as an optional extra in discussions of sex and gender. These books represent the best arguments against this position, and thus offer a new challenge to the inclusivity, scope, and terms of “women’s studies.”. (shrink)

Broadly speaking, exclusion for disabled people can be understood as a general lack of social and political integration within a society. Inequalities arising from the multi-dimensional causes of exclusion not only include poverty, but more fundamental aspects of societal membership such as social participation, financial autonomy, friendship, sexual citizenship, and accessibility. The articles of this thesis offer insight to the nature of the experience of exclusion for disabled people by considering specific examples of exclusion (such as the exclusion (...) from sexual citizenship, discussed in Articles I and II), and a new theoretical approach to disability (advanced in Article III). -/- Analysis of the nature of exclusion for disabled people reveals a unique set of multi-dimensional problems, and despite efforts from the disability rights community and an increased academic interest in disability studies, there has been a limited incorporation of holistic or transdisciplinary approaches to the phenomenon in works of praxis and in governmental policy. Seeking to highlight and ameliorate the experience of exclusion for disabled people, disability rights organisations advocate for greater societal integration and inclusion into the social fabric of society by offering revisionary theoretical interpretations of disability in an effort to steer social change — a devoir to which the works of this thesis contribute academically. -/- Focussing on the interplay between the nature of exclusion, rights, and basic needs, this thesis investigates the limits of the welfare state’s obligations to afford disabled people a life of eu zen, argues for greater obligations in areas such as sexual citizenship, inclusion, and presents an alternate theory of disability. The Introduction situates the articles of this thesis within a wider theoretical context that highlights the importance of social context, and focusses on the nature of exclusion and inclusion for disabled people as a complex set of societal and political disadvantages which go beyond simple poverty and social disenfranchisement. The main claim of this thesis is that the experience of exclusion for disabled people constitutes a multi-faceted and interconnected set of disadvantages and barriers that constitute a greater and more substantive set of exclusions than those experienced by other excluded groups. (shrink)

What makes it possible to affect one another, to move and be moved by another person? Why do some of our encounters transform us? The experience of moving one another points to the inter-affective in intersubjectivity. Inter-affection is hard to account for under a cognitivist banner, and has not received much attention in embodied work on intersubjectivity. I propose that understanding inter-affection needs a combination of insights into self-affection, embodiment, and interaction processes. I start from Michel Henry's radically immanent idea (...) of self-affection, and bring it into a contrastive dialogue with the enactive concepts of autonomy and (participatory) sense-making. I suggest that the latter ideas can open up Henry's idea of self-affection to inter-affection (something he aimed to do, but did not quite manage) and that, in turn, Henry's work can provide insights into underexplored elements of intersubjectivity, such as its ineffable and mysterious aspects, and erotic encounters. (shrink)

Understanding the ethical concerns of paid and altruistic surrogacy requires a knowledge of reproductive freedom and procreative autonomy. An accurate approach must be sensitive enough of the nature of sexual oppression, specifically in its influence in women’s choices, self-identity and personal relationships. The aim of this essay is to stand up for the prominence of radical feminism in questioning reproductive liberalism, which overfocus the interests of the so-called intended parents. Having in mind what egalitarian philosophers have put forward (...) from a social-relational autonomy view to allow surrogacy contracts under certain circumstances —particularly, they suggest that legalization could be compatible with women’s reproductive autonomy following an altruistic fashion under protective measures and supportive to the surrogate’s revocation of consent—, I uphold that radical feminists properly make clear how oppression remains in the cultural environment that endorses surrogacy contracts. A macroscopic methodology, based on American philosopher’s Marilyn Frye metaphor of the caged bird, is a helpful tool to comprehend why surrogacy contracts do not enhance women’s reproductive autonomy, even if they enable some surrogate mothers to gain an income enough to endure tough economic pressure. (shrink)

Claudia Card did not live long enough to complete her work on surviving evils. Yet she left us an invaluable body of work on this topic. This essay surveys Card's views about the nature of evils and the ethical quandaries of surviving them. It then develops an account of survival agency that is based on Card's insights and in keeping with the agentic capacities exercised by Yezidi women and girls who have escaped from ISIS's obscene program of trafficking in women (...) and sexual violence. Card holds that true survival requires not only staying alive and as healthy as possible but also preserving your good moral character. The essay maintains that while exercising agency to elude evil and protect yourself often depends on your own skills and personality traits, exercising agency to restore or develop your moral character often depends on social support. (shrink)

This well chosen collection of essays written by recognized scholars addresses many of the intriguing aspects concerning the controversy over meat consumption. These aspects include not only eating meat, but also hunting animals, breeding, feeding, killing, and shredding them for our use, buying meat, the economics of the meat industry, the understanding of predation and food webs in ecology, and the significance of animals for issues about nutrition, gender, wealth, and cultural autonomy. Dombrowski rightly notes that the contemporary debate (...) regarding philosophical vegetarianism has been profoundly shaped by the historical figures who have rejected or embraced the anthropocentrism entrenched in Western thought. Three anthropological-medical essays compare meat with vegetarian diets. Eight essays treat the recent philosophical debate over the moral status of animals and whether vegetarianism is obligatory. Several essays discuss religious views on meat-eating and vegetarianism. Three essays explore meat, patriarchy, and the exploitation of nature and animals with respect to race, gender, sexual orientation, and socioeconomic class. The last four essays debate how to understand predation, environmental ethics, and animal protection. This collection is a fine entrée for all readers of this journal, since the debate over meat must by now figure into every thinking person’s diet. (shrink)

This essay is about the history of challenges that women in elite sports have faced with respect to their gender identity within a society that perpetuates misleading aesthetic norms of beauty; it is a history fraught with controversy and injustice. . . . We recommend both the acknowledgment within the realm of elite sport of perceptual sexism based on misleading aesthetic norms of beauty, and a way of correcting such erroneous categorization that allows athletes the autonomy and agency to (...) choose to compete as male or female based on a declaration of their own gender identity. (shrink)

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

Accusations of sexual creepiness are on the rise, but are such accusations morally problematic? Legal scholar Heidi Matthews thinks so, arguing that sexual creepiness as a category is in tension with liberal and progressive moral commitments. Principled liberals and progressives can reject creepiness as a category, but the costs of abandoning sexual creepiness may be high. Empirical findings about who gets accused of being creepy suggest that the creepiness norm is being repurposed to control male sexual (...) advances in two ways: first, by discouraging substandard male suitors from approaching young women unlikely to be interested in them (“prefiltration”), and second, by deflecting eligible older men away from young women and towards older women (“redirection”). If something like this hypothesis is correct, the ethical question liberals and progressives must wrestle with is whether these benefits justify maintenance of a norm that is (inter alia) lookist, ageist, sexist, sex-negative, and neuronormative. (shrink)

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

Recently, more attention has been paid to the nature and value of the intellectual virtue of epistemic autonomy. One underexplored issue concerns how epistemic autonomy is related to other intellectual virtues. Plausibly, epistemic autonomy is closely related to a number of intellectual virtues like curiosity, inquisitiveness, intellectual perseverance, and intellectual courage to name just a few. Here, however, I will examine the relation between epistemic autonomy and intellectual humility. I will argue that epistemic autonomy and (...) intellectual humility bear an interesting relationship to one another in that they are interconnected and mutually supporting intellectual virtues. In sections 2 and 3 I will provide a brief overview of the predominant accounts of intellectual humility (section 2) and epistemic autonomy (section 3) in the literature. With an understanding of these intellectual virtues in hand, we will examine their relationship of mutual support in section 4. Section 5 will explore a challenge to this relationship coming from the epistemology of disagreement, and section 6 concludes. (shrink)

There seems to be a deep tension between two aspects of aesthetic appreciation. On the one hand, we care about getting things right. On the other hand, we demand autonomy. We want appreciators to arrive at their aesthetic judgments through their own cognitive efforts, rather than deferring to experts. These two demands seem to be in tension; after all, if we want to get the right judgments, we should defer to the judgments of experts. The best explanation, I suggest, (...) is that aesthetic appreciation is something like a game. When we play a game, we try to win. But often, winning isn’t the point; playing is. Aesthetic appreciation involves the same flipped motivational structure: we aim at the goal of correctness, but having correct judgments isn’t the point. The point is the engaged process of interpreting, investigating, and exploring the aesthetic object. Deferring to aesthetic testimony, then, makes the same mistake as looking up the answer to a puzzle, rather than solving it for oneself. The shortcut defeats the whole point. This suggests a new account of aesthetic value: the engagement account. The primary value of the activity of aesthetic appreciation lies in the process of trying to generate correct judgments, and not in having correct judgments. -/- *There is an audio version available: look for the Soundcloud link, below.*. (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)

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

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)

Since 2016, when the Facebook/Cambridge Analytica scandal began to emerge, public concern has grown around the threat of “online manipulation”. While these worries are familiar to privacy researchers, this paper aims to make them more salient to policymakers — first, by defining “online manipulation”, thus enabling identification of manipulative practices; and second, by drawing attention to the specific harms online manipulation threatens. We argue that online manipulation is the use of information technology to covertly influence another person’s decision-making, by targeting (...) and exploiting their decision-making vulnerabilities. Engaging in such practices can harm individuals by diminishing their economic interests, but its deeper, more insidious harm is its challenge to individual autonomy. We explore this autonomy harm, emphasising its implications for both individuals and society, and we briefly outline some strategies for combating online manipulation and strengthening autonomy in an increasingly digital world. (shrink)

Social robots are robots that can interact socially with humans. As social robots and the artificial intelligence that powers them becomes more advanced, they will likely take on more social and work roles. This has many important ethical implications. In this paper, we focus on one of the most central of these, the impacts that social robots can have on human autonomy. We argue that, due to their physical presence and social capacities, there is a strong potential for social (...) robots to enhance human autonomy as well as several ways they can inhibit and disrespect it. We argue that social robots could improve human autonomy by helping us to achieve more valuable ends, make more authentic choices, and improve our autonomy competencies. We also argue that social robots have the potential to harm human autonomy by instead leading us to achieve fewer valuable ends ourselves, make less authentic choices, decrease our autonomy competencies, make our autonomy more vulnerable, and disrespect our autonomy. Whether the impacts of social robots on human autonomy are positive or negative overall will depend on the design, regulation, and use we make of social robots in the future. (shrink)