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)

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)

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)

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)

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 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 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)

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 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)

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)

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)

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)

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 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)

How would you feel about your husband, wife, or partner masturbating using pornography or erotica? For many, this would be a betrayal – a kind of cheating. I explore whether monogamous relationships should forbid solo masturbation using erotica and pornography, considering two possible objections: (1) the objection that such activity is a kind of infidelity; (2) the objection that such activity involves attitudes, usually attitudes towards women that are incompatible with an equal, loving relationship. I argue that the use of (...) erotic material in solo masturbation should not count as cheating. Solo use of pornography differs significantly from interpersonal sexual activity. Thus, unlike causal interpersonal sex, it does not undermine the role of sex within the relationship. Additionally, freedom to explore sexual fantasy through masturbation is an important element of sexual autonomy. Objection (2) holds against some but not all erotic material. Sexual enjoyment of pornography that depicts, or is produced by, suffering or degradation involves a way of seeing others that has implications for the user’s relationships with others, particularly sexual relationships. However, not all erotic material involves objectionable attitudes towards others. Thus partners should allow moderate use of some types of erotica in solo-masturbation. (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)

This is a paper on the philosophy of sport or the ethics of sport more specifically. It provides a critical assessment of a particular feminist approach to a specific issue in the ethics of sport with regard to what some feminist scholars refer to as the ‘sexualizing’ of women in sport with particular attention paid to women beach volleyballers.

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)

I defend the right to an abortion at any stage of pregnancy by drawing on a Kantian account of consent and innate right. I examine how pregnant women are positioned in moral and legal debates about abortion, and develop a Kanitan account of bodily autonomy in order to pregnant women’s epistemic authority over the experience of pregnancy. Second, I show how Kant's distinction between innate and private right offers an excellent legal framework for embodied rights, including abortion and (...) class='Hi'>sexual consent, and I draw on the legal definition of sexual consent in order to show how abortion discourse undermines women's innate right. I then explore Kant’s treatment of the infanticidal mother, and draw out the parallels between this case and contemporary abortion rights in order to develop a distinctly Kantian framework of reproductive rights in non-ideal conditions. Finally, I explore the implications of this non-ideal approach for contemporary abortion discourse, arguing that debates about the legality of abortion should more broadly engage the barbaric conditions of reproductive injustice. (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)

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)

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)

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)

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)

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)

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

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

The philosophical significance of attitudinal autonomy—viz., the autonomy of attitudes such as beliefs—is widely discussed in the literature on moral responsibility and free will. Within this literature, a key debate centres around the following question: is the kind of attitudinal autonomy that’s relevant to moral responsibility at a given time determined entirely by a subject’s present mental structure at that time? Internalists say ‘yes’, externalists say ’no’. In this essay, I motivate a kind of distinctly epistemic attitudinal (...) autonomy, attitudinal autonomy that is relevant to knowledge. I argue that regardless of whether we are externalists or internalists about the kind of attitudinal autonomy that is relevant for moral responsibility, we should be externalists about the kind of autonomy that a belief must have to qualify as knowledge. (shrink)

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

Technological advances are bringing new light to privacy issues and changing the reasons for why privacy is important. These advances have changed not only the kind of personal data that is available to be collected, but also how that personal data can be used by those who have access to it. We are particularly concerned with how information about personal attributes inferred from collected data (such as online behaviour), can be used to tailor messages and services to specific individuals or (...) groups. This kind of ‘personalised targeting’ has the potential to influence individuals’ perceptions, attitudes, and choices in unprecedented ways. In this paper, we argue that because it is becoming easier for companies to use collected data for influence, threats to privacy are increasingly also threats to personal autonomy—an individual’s ability to reflect on and decide freely about their values, actions, and behaviour, and to act on those choices.4 While increasing attention is directed to the ethics of how personal data is collected, we make the case that a new ethics of privacy needs to also think more rigorously about how personal data may be used, and its potential impact on personal autonomy. (shrink)

Our values change. What we value, want, desire, prefer, and how much; for nearly everyone, these will be different at different times in their life. These changes can be gradual or abrupt; they can be long-lasting or short-lived; and they can be induced by forces outside yourself or they can come from within or they can have no specific catalyst at all. Such preference change raises a number of questions for our theorising about rational choice, and these have been discussed (...) at length. In §2 and §3, I’ll outline two of these questions along with some of the putative solutions that have been proposed. But preference change also raises questions for our theorising about autonomy, and these have hardly been considered at all. In §4, I’ll outline three problems for personal autonomy; and in §5, I’ll outline one problem for political autonomy. In §6, I conclude. (shrink)

The sex/gender distinction is a staple of feminist philosophy. In slogan form: sex is “natural,” while gender is the “social meaning” of sex. Considering the importance of the sex/gender distinction—which, here, I neither endorse nor reject—it’s interesting to ask if philosophers working on the metaphysics of sexuality might make use of an analogous distinction. In this paper, I argue that we ought to endorse the sexual orientation/identity distinction. In particular, I argue that the orientation/identity distinction is indispensable to normative (...) explanations regarding LGBTQIA+ oppression and resistance. As a case study, I consider the oppression involved in the gentrification of historic queer neighborhoods. (shrink)

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

Critics of persuasive advertising argue that it undermines the autonomy of consumers by manipulating their desires in morally problematic ways. My aim is this paper is to refine that argument by employing a conception of autonomy that is not at odds with certain forms of manipulation. I argue that the charge of manipulation is not sufficient for condemning persuasive advertising. On my view, manipulation of an agent’s desires through advertising is justifiable in cases where the agent accepts the (...) process through which the desires were developed. I show how the standard manipulation objection proves too much as it would also condemn cases of that kind. I argue that this distinction is especially important when we consider the implications of “new media.” In addition to increasing vulnerability to manipulation, new media have considerable impacts on well-being. By siding with the traditional autonomy argument, we would be compelled to take an implausible stand against all forms of manipulation through advertising, but I suggest that only a proper subset of those cases are morally problematic. This conclusion opens up a space for persuasive advertising that is permissible while nevertheless condemning cases that violate consumers’ autonomy. (shrink)

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

This article argues that access to meaningful sexual experience should be included within the set of the goods that are subject to principles of distributive justice. It argues that some people are currently unjustly excluded from meaningful sexual experience and it is not implausible to suggest that they might thereby have certain claim rights to sexual inclusion. This does not entail that anyone has a right to sex with another person, but it does entail that duties may (...) be imposed on society to foster greater sexual inclusion. This is a controversial thesis and this article addresses this controversy by engaging with four major objections to it: the misogyny objection; the impossibility objection; the stigmatisation objection; and the unjust social engineering objection. (shrink)

Pauline Kleingeld and Marcus Willaschek, in a co-authored article, declare that their purportedly new interpretation of Immanuel Kant’s writings on autonomy reveals that his moral philosophy is neither realist nor constructivist. However, as I explain here, John Rawls already occupies the area of intellectual territory to which Kleingeld and Willaschek attempt to lay claim: Rawls interprets Kant’s moral philosophy as neither realist, as Kleingeld and Willaschek evidently construe this term, nor constructivist, as they evidently construe this term. Contra Kleingeld (...) and Willaschek, the moral constructivism attributed to Kant by Rawls is not voluntarist, and Rawls’s account of Kant’s concept of autonomy is not paradoxical. In order to understand autonomy, it is necessary to understand Kant’s complex conception of the will, which structures his moral philosophy (as Rawls, unlike Kleingeld and Willaschek, explains). Rawls, like Kant, but unlike Kleingeld and Willaschek, clearly distinguishes between certain importantly different questions about normativity and obligation. Kant’s moral philosophy, according to Rawls’s insightful interpretation, is a form of objective moral constructivism. (shrink)