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)

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)

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)

I expand on and defend a particular account of silencing that has been identified by Mary Kate McGowan. She suggests that one sort of silencing occurs when men do not think that women have the authority to refuse. I develop this proposal, arguing that it is usefully distinct from other forms of silencing, which attribute a radical misunderstanding to the perpetrator. Authority silencing, by contrast, allows that the perpetrator understands that the woman is trying to refuse. I examine the nature (...) of authority, and of refusal, and argue that a normatively binding refusal requires authority, the normative capacity to make a determination that has a ‘because I said so’ structure. Women’s authority in this sense is fragile. Authority to refuse sexual advances can be lost through women’s attire, how much they have had to drink, location, or their profession. This account makes sense of the way that perpetrators both do and do not understand sexual refusal, and explains how they are blameworthy despite their misunderstanding. (shrink)

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed (...) at length in “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

The evolutionary psychologist Geoffrey Miller has argued that various features of human psychology have been sculpted, at least in part, by the evolutionary process of sexual selection via mate choice. This paper specifically examines the central claim of Miller’s account, namely that certain cognitive traits have evolved to function as good genes fitness indicators. First, I expound on and clarify key foundational concepts comprising the focal hypothesis, especially condition-dependence, mutation target size, and mutation-selection balance. Second, I proceed to highlight (...) some subtle distinctions with respect to the concepts of exaptation and adaptation, as well as Fisherian runaway selection and good genes sexual selection, all of which in turn bear importantly on the overall framework of cognitive traits as fitness indicators. Third and finally, I close out the paper by examining various conceptual and methodological criteria which are integral to identifying sexually selected adaptations, then briefly examine some empirical work that has aimed to test the hypothesis that traits such as humor and creativity function as sexually attractive fitness indicators. (shrink)

In this article, Bettcher argues that sexual attraction must be reconceptualized in light of transgender experience. In particular, Bettcher defends the theory of “erotic structuralism,” which replaces an exclusively other-directed account of gendered attraction with one that includes a gendered eroticization of self as an essential component. This erotic experience of self is necessary for other-directed gendered desire, where the two are bound together and mutually informing. One consequence of the theory is that the controversial notion of “autogynephilia” is (...) rejected. Another consequence is that the distinction between gender identity and sexual orientation is softened. (shrink)

In this paper, we assess the impact of extended reality technologies as they relate to sexual forms of harassment. We begin with a brief history of the nature of sexual harassment itself. We then offer an account of extended reality technologies focusing specifically on psychological and hardware elements most likely to comprise what has been referred to as “the metaverse”. Although different forms of virtual spaces exist (i.e., private, semi-private, and public), we focus on public social metaverse spaces. (...) We do this to better explain how the concept of sexual harassment must be adjusted to such spaces and how approaches aimed at mitigating harassment must be sensitive to the type of metaverse spaces users utilize. We then offer a typology of sexual harassment for the metaverse focusing on three distinct forms of sexual harassment: (1) invariant (2) mixed variance or modified and (3) unique or metaverse specific. Although existing normative and legal frameworks may function well with respect to the first and, possibly, second forms of harassment, we argue such frameworks will not helpfully address metaverse-specific harassment. Ultimately, the changing nature of privately owned public spaces (POPS) which metaverses are likely to represent pose distinct ethical and regulatory challenges. (shrink)

One of the standard examples in contemporary moral psychology originates in the works of social psychologist Jonathan Haidt. He treats people's responses to the story of Julie and Mark, two siblings who decide to have casual, consensual, protected sex, as facts of human morality, providing evidence for his social intuitionist approach to moral judgements. We argue that Haidt's description of the facts of the story and the reactions of the respondents as ‘morally dumbfounded’ presupposes a view about moral reasoning that (...) is more substantial than he acknowledges. Drawing on the philosophical work by Iris Murdoch and Cora Diamond, we explore how different descriptions of human morality, sexuality, and family relations engage us in evaluations about distinctive features of human life and language that go deeper than Haidt envisages. Thus, we show the need to attend to the concepts used to describe the facts of human moral psychology and the pictures of morality these concepts reveal about the researcher's own understanding of moral experience. This points to the particular responsibility any researcher into human moral psychology has for ensuring that the descriptions they offer are attuned to the complexities of the lives of those they form theories about and that these do not appear conceptually confounding. (shrink)

The distinction between heterosexuality and homosexuality does not allow for sufficient attention to be given to the question of non-normative heterosexualities. This paper develops a feminist critique of normative sexuality, focusing on alternative readings of sex and/or gender offered by Beauvoir and Irigaray. Despite their differences, both accounts contribute significantly to dismantling the lure of normative sexuality in heterosexual relations-a dismantling necessary to the construction of a feminist social and political order.

In this clearly written, impressively researched, and engaging book, Alan Wertheimer makes a distinctive and important contribution to the contemporary literature on the nature and value of consent to sexual relations. Wertheimer’s effort is two-fold. First, and as an informative yet logically distinct backdrop, he provides a specific theory of sexual desire and behavior, viz., evolutionary psychology. Second, he identifies and defends moral and legal principles of valid consent to sex. In chapter-length discussions, Wertheimer shows why matters of (...) consent are significantly more complex than many, including influential feminist scholars, recognize, and in so doing lays the groundwork for the theoretical core of his book: a rights-based theory of sexual coercion. This theory provides powerful grounds for determining when conduct constitutes coercion of the sort that nullifies consent and, when combined with numerous and often-ingenious hypothetical cases, teases out principles of moral and legal consent that are both coherent and reasonable. As a result of this combination of considerations, Wertheimer’s book is unique among recent efforts in this area and the analyses and arguments presented should be of great interest to social psychologists as well as those working in normative ethics and jurisprudence. (shrink)

Both books published in 1996 explore the role that gender plays in the psychology of art (dealing with both making and viewing), complicating current philosophical distinctions between the aesthetic and the cognitive, and providing new insights into basic topics in the history and psychology of perception, representation, and disinterestedness.

This paper reconsiders Antigone’s role in the ancient Greek polis in the framework of Hegel’s concept of Sittlichkeit, as developed in the Phenomenology of Spirit. My main hypothesis is that Antigone appears to challenge both the Greek androcentric order and Hegel’s hypotheses on subjectivity. I prove this by reevaluating Hegel’s notion of the Ethical act (sittliche Handlung). Finally, I identify the endowment of Sittlichkeit on natural sexual distinction as the real reason for its collapse and point out the problematic (...) consequences of such endowment for further development of the Phenomenology of Spirit. (shrink)

This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...) v Edmondson SKQB (2003). Both were sexual assault cases. In George a thirty-five year old woman with five children was tried and ultimately acquitted of sexual assault and sexual interference after she was assaulted in her home by a fourteen year old male. Striking similarities between the reasoning and language in the trial decision in George and the sentencing decision in Edmondson demonstrate entrenched antipathy for sexual assault law and the fundamental principles of justice, equality, and impartiality. This is arguably judicial misconduct, persisting despite access in the interim to many years of judicial education programming, not merely legal error. The problem does not lie with the judge alone, however. A toxic mix of misogyny and blindly zealous enforcement of the law appears to have undermined the administration of justice in George from the outset at all levels. The problems are systemic. Were this not the case, it is likely that Barbara George would not have been charged. (shrink)

In the 1960s, before the promulgation of Humanae Vitae, the Catholic philosophers Elizabeth Anscombe and Herbert McCabe OP debated whether there are convincing natural law arguments for the claim that contraception violates an exceptionless moral norm. This article revisits those arguments and critiques McCabe’s approach to natural law, concerned primarily with ‘social sin’ and not simply violations of ‘right reason,’ as one particularly ill-suited to addressing questions in sexual ethics and unable both to distinguish properly between certain forms of (...) sexual wrongdoing and more obviously social sins such as theft, and also to distinguish between ‘natural’ and ‘unnatural’ sexual acts. Anscombe’s views, I argue, are closer to those of Thomas Aquinas and provide reasons for making the distinctions McCabe does not. An argument concerning the nature of the institution of marriage and the effects of non-marital acts on that institution is proposed as a way of strengthening Anscombe’s argument that contraception violates an exceptionless moral norm. (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)

Article considers questions connected with gender aspects of organizational culture. Peculiarities of gender-oriented personnal management techniques are viewed in relation to an organizational culture of an enterprise. Special attention is paid to different views on gender differences. Influence of gender stereotypes on the anticipated quality of a task accomplishment is discussed. Attention is drawn to the need of gender-oriented techniques usade in the process of personnel management.

In Three Essays on the Theory of Sexuality, Freud rejects the notion of a biologically determined connection of instinct to object, a position which helps him avoid the designation of all variations from heterosexuality as either “degenerate” or “pathological.” However, the gender roles and relations commonly attributed to heterosexuality are already implicit in his understanding of sexual instinct and aim. Consequently, even variations from the normal sexual object and aim exemplify, on his interpretation, the clichéd hierarchical opposition of (...) femininity and masculinity. Freud’s theory of sexuality thus implies that the erotic bond is inevitably one of domination, and that the only possible human relation is one of subject to object, activity to passivity, whole to part, and owner to property. My primary intention in this paper is to explore, in Freud’s analysis of fetishism, traces of an alternate possibility to oppositional hierarchical gender roles and the negative forms of social relation that rely upon them. While Freud---in keeping with common opinion---characterizes sexual fetishism as a distinctly masculine phenomenon, the text also supports a more interesting interpretation: that the non-pathological fetishist evades the construction of gender in terms of sexual roles and that, consequently, fetishism can serve as a critique of Freud’s masculine model of sexual instinct and relation. (shrink)

Making sense of MacKinnon’s claim that pornography silences women requires attention to the discursive and interpretive frameworks that pornography establishes and promotes. Treating pornography as a form of hate speech is promising, but also limited. A close examination of a legal case, in which pornographic images were used to sexually harass, focuses on the hate speech analogy while illustrating the broad and lasting impact of such depictions when targeted at an individual. Applying the distinction between Absolutist and Reclaimer approaches to (...) hate speech and derogatory terms, the article concludes with a discussion of the possibility of creative development of discursive practices within a context that undermines the semantic authority of members of certain groups. (shrink)

Many prominent proponents of Old and New Natural Law morally condemn sexual acts between people of the same sex because those acts are incapable of reproduction; they each offer a distinct set of supporting reasons. While some New Natural Law philosophers have begun to distance themselves from this moral condemnation, there are not many similarly ameliorative efforts within Old Natural Law. I argue for the bold conclusion that Old Natural Law philosophers can accept the basic premises of Old Natural (...) Law without also being committed to morally condemning sexual activity between people of the same sex. I develop an argument from analogy that shows how we can draw metaphysically distinct sub‐categories based on someone's capacity to experience the unitive goods of sex. This unitive capacity constitutes the sub‐category and provides a distinct principle for evaluating how members of that sub‐category (X) act as members of that sub‐category, rather than as acting as defective members of another category (Y). Even though my argument is ‘internal’ to Old Natural Law, I conclude by showing how these conclusions can also address some of the objections to same‐sex sex in New Natural Law. (shrink)

What explains the distinctive features of human behavior? In this book, Stewart-Williams aims to answer this ambitious question. This book is an engaging addition to the already long list of recent attempts to provide an evolutionary explanation of human uniqueness. It is organized into six chapters, plus two appendices. These chapters address several key topics in evolutionary theory, sex differences and sexual behavior, altruism, and cultural evolution, albeit with varying degrees of detail and depth. These topics include sexual (...) selection, kin selection, Hamilton’s rule, reciprocal altruism, costly signaling theory, group selection, gene-centered views of evolution, inclusive fitness, proximate and ultimate evolutionary explanations, inbreeding avoidance, the Westermarck effect, jealousy, sperm competition, mating and parenting effort, cumulative cultural evolution, imitation and learning biases, evolutionary mismatch theories, and more. (shrink)

An academic division of labor resulted from the distinction between sex and gender. Sex remained a productive topic (excuse the pun) for biologists, who are interested in the genetic, developmental, and chemical pathways of male/female dimorphism. People in the social sciences and humanities, by contrast, made gender, not sex, the subject of their work. In gender studies, we learn about the ways that men and women “perform” their respective roles—people of male sex can perform as female gender, and vice versa, (...) by adopting modes of speech, dress, behavior, and even values. There is no talk of innate instincts or brain differences in gender studies. The French philosopher Michel Foucault set the agenda when he lamented, as early as 1976, that “the notion of sex made it possible to group together, in an artificial unity, anatomical elements, biological functions, conducts, sensations, and pleasures, and it enabled one to make use of this fictitious unity as a causal principle.” Following this approach, more-recent theorists like Anne Fausto-Sterling and Judith Butler have argued that even the biological categories of sex are just artificial inventions, designed to keep women and intersexed peoples down. Society, they suggest, decides which of us are males and which are females—pushing everyone into rigid binary categories. -/- There are two main arguments that are usually offered in defense of this controversial thesis that sexual dimorphism is political rather than ontological. One is based on a general critique of knowledge (an epistemological argument), and the other on a specific picture of reality (a metaphysical argument). I will offer counterarguments to both. (shrink)

Sarah Coakley’s God, Sexuality, and the Self constitutes a major intervention in the debate over the role of religion in the modern world. Coakley criticizes Christians who reject modernity altogether, arguing that Christian thought should remain in conversation with secular sources. At the same time, she claims that only theology can solve difficulties of widespread concern - for instance, concerning gender and sexuality. Where this suggests that theology is still superior, I argue that the strict distinction Coakley draws between theology (...) and the secular is at odds with the momentum of her approach. On Coakley’s own terms, theology cannot claim superiority over the secular because the boundary between them is necessarily blurry. (shrink)

The distinction between positive and negative eugenics is perhaps the best-known distinction that has been made between forms that eugenics takes. Roughly, positive eugenics refers to efforts aimed at increasing desirable traits, while negative eugenics refers to efforts aimed at decreasing undesirable traits. Still, it is easy to fall into confusion in drawing and deploying the distinction in particular contexts. Clarity here is important not only historically, but also for appeals to the distinction in contemporary discussions of “new eugenics” or (...) “newgenics”. (shrink)

Cartesian and Western religious and philosophical traditions distinguish the body from the mind, viewing the former as a prison or a burden. The mind (spirit, soul, rationality) is identified as good, while the body is devalued and associated with evil. Some philosophers restored the body's value: humans are not imprisoned spirits, but they are their bodies. Husserl, for example, claims that human beings are not an immaterial substance in a Körper, a physical body, but Leib, a living body that solves (...) within itself the two Cartesian res. Although the Cartesian legacy survives in the Existentialism in the distinction between In-itself (the passive Being) and For-itself (the human, transcendental freedom), the second does not use the object-body as the res cogitans did: "the very nature of the For-itself demands that it be body." Nevertheless, the body plays an ambivalent role, suspended between Körper's passivity and Leib's transcendence. The chapter's focus on Arkham's female characters is not random. Leder notices that "women have consistently been associated with the bodily sphere. They have been linked with nature, sexuality, and the passions, whereas men have been identified with the rational mind. This equation implicitly legitimizes structures of domination." By associating human categories like "lunatics," "savages," or women with the immanence of the body and nature, their transcendentality is denied, and, simultaneously, men's control and domination over them is justified. (shrink)

Procreative obligations are often discussed by evaluating only the consequences of reproductive actions or omissions; less attention is paid to the moral role of intentions and attitudes. In this paper, I assess whether intentions and attitudes can contribute to defining our moral obligations with regard to assisted reproductive technologies already available, such as preimplantation genetic diagnosis (PGD), and those that may be available in future, such as reproductive genome editing and ectogenesis, in a way compatible with person‐affecting constraints. I propose (...) the parent–child relationship argument, which is based on the moral distinction between creating and parenting a child. Hence, I first argue that intentions and attitudes can play a role in defining our moral obligations in reproductive decisions involving PGD. Second, I maintain that if we accept this and recognize reproductive genome editing and ectogenesis as person‐affecting procedures, we should be committed to arguing that prospective parents may have moral reasons to prefer reproduction via such techniques than via sexual intercourse. In both cases, I observe an extension of our procreative responsibility beyond what is proposed by the consequentialist person‐affecting morality. (shrink)

Socrates' attitude towards falsehood is quite puzzling in the Republic. Although Socrates is clearly committed to truth, at several points he discusses the benefits of falsehood. This occurs most notably in Book 3 with the "noble lie" (414d-415c) and most disturbingly in Book 5 with the "rigged sexual lottery" (459d-460c). This raises the question: What kinds of falsehoods does Socrates think are beneficial, and what kinds of falsehoods does he think are harmful? And more broadly: What can this tell (...) us about the relationship between ethics and epistemology? The key to answering these questions lies in an obscure and paradoxical passage in Book II; at 382a-d Socrates distinguishes between "true falsehoods" and "impure lies." True falsehoods are always bad, but impure lies are sometimes beneficial. Despite Socrates' insistence that he is not saying anything deep, his distinction is far from straightforward. Nevertheless, in order to determine why some falsehoods are beneficial and why some are always harmful, we must understand what exactly true falsehoods are and how they differ from impure lies. In this paper, I argue that true falsehoods are a restricted class of false beliefs about ethics; they are false beliefs about how one should live and what one should pursue. I refer to these beliefs as "normative commitments." False normative commitments are always pernicious because they create and sustain psychological disharmony. Unlike true falsehoods, impure lies can be about anything. Nevertheless, they are only beneficial when they help produce and sustain true normative commitments. I argue that the upshot of this is that practical concerns have a kind of primacy over theoretical concerns. (shrink)

This essay presents an ideal for modern Western romantic love.The basic ideas are the following: people want to form a distinctive sort of plural subject with another, what Nozick has called a "We", they want to be loved for properties of certain kinds, and they want this love to establish and sustain a special sort of commitment to them over time.

This essay introduces the ‘she said, he said’ paradox for Title IX investigations. ‘She said, he said’ cases are accusations of rape, followed by denials, with no further significant case-specific evidence available to the evaluator. In such cases, usually the accusation is true. Title IX investigations adjudicate sexual misconduct accusations in US educational institutions; I address whether they should be governed by the ‘preponderance of the evidence’ standard of proof or the higher ‘clear and convincing evidence’ standard. -/- Orthodoxy (...) holds that the ‘preponderance’ standard is satisfied if the evidence adduced renders the litigated claim more likely than not. On this view, I argue, ‘she said, he said’ cases satisfy the ‘preponderance’ standard. But this consequence conflicts with plausible liberal and feminist claims. In this essay I contrast the ‘she said, he said’ paradox with legal epistemology’s proof paradox. I explain how both paradoxes arise from the distinction between individualised and non-individualised evidence, and I critically evaluate responses to the ‘she said, he said’ paradox. (shrink)

There is a growing awareness that there are many subtle forms of exclusion and partiality that affect the correct workings of a judicial system. The concept of epistemic injustice, introduced by the philosopher Miranda Fricker, is a useful conceptual tool to understand forms of judicial partiality that often go undetected. In this paper, we present Fricker’s original theory and some of the applications of the concept of epistemic injustice in legal processes. In particular, we want to show that the seed (...) planted by Fricker has flourished into a rich field of study in which the concept is used to analyze many different phenomena in law, not always following the original characterization provided by her. This has led to a distinction between what we will call the narrow version of the concept, which is closer to Fricker’s original account, and the wider version of epistemic injustice, which is a more controversial notion because it is always on the verge of morphing into other well-known concepts like sexism, racial discrimination, oppression, silencing, and gaslighting. We will show that the value of the narrow version is mostly theoretical, and that in order to use the concept of epistemic injustice one must adopt a more liberal understanding of it. (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 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)

Sometimes, a form of discrimination is hard to register, understand, and articulate. A rich precedent demonstrates how victim testimonies have been key in uncovering such ‘hidden’ forms of discrimination, from sexual harassment to microaggressions. I reflect on how this plausibly goes too for a new hypothesised form of ‘attentional discrimination’, referring to cases where the more meaningful attributes of one social group are made salient in attention in contrast to the less meaningful attributes of another. Victim testimonies understandably dominate (...) the ‘context-of-discovery’ stage of research into these initially opaque forms of discrimination; a victim’s encounter with the gap between their experience and dominant conceptual frameworks for understanding it is what provides an initial foothold for analysis to begin. Some object, however, to this methodology continuing to dominate the later ‘context-of-justification’ stage, where the hypothesis is rigorously challenged. I argue that this objection underestimates not just how other methodologies are more likely to inherit the various mechanisms of invisibility hiding the discrimination in question, but also how victim testimonies are distinctively well-suited to recognise and challenge those mechanisms. Victim testimonies, then, ought to continue playing a dominant role into these later stages of research into hidden forms of discrimination. (shrink)

In this essay, I draw on Kant’s legal philosophy in order to defend the right to voluntary motherhood by way of abortion at any stage of pregnancy as an essential feature of women’s basic rights. By developing the distinction between innate and acquired right in Kant’s legal philosophy, I argue that the viability standard in US law (as established in Planned Parenthood v. Casey) misunderstands the nature of embodied right. Our body is the site of innate right; it is the (...) means through which we can set and pursue ends in the world. The law, therefore, cannot adjudicate the relationship between the will and the body: it cannot require us to allow our bodies to be used against our will. By comparing unwanted pregnancy to sexual assault, I problematize the notion that consent to pregnancy, like consent to sex, can ever be conclusive. I examine Kant’s own account of unwanted pregnancy, in which he describes mother and child finding themselves “in a state of nature” in order to rethink the status of the fetus in law, and I argue that we should understand the fetus’s right to life as provisional, rather than as enforceable by law. (shrink)

The notion that rape is an act of violence rather than sex is a central tenet in rape crisis support and education. A therapeutic benefit of this conceptualisation of rape is that it counters shame and guilt by affirming that the victim was not a complicit partner in an act of sex. However, this conceptualisation has recently been criticised for not capturing what makes rape an especially serious kind of wrong. This raises an apparent dilemma for rape crisis support. Recent (...) work in analytic moral philosophy on the nature of rape offers a way to resolve this dilemma. It is argued that rape is not sex, but is nonetheless sexual. This distinction allows for a charitable reformulation of the central tenet in rape crisis support, which can facilitate the dual therapeutic aims of countering the sense of shame and of recognising the especially serious kind of the harm suffered by the victim. (shrink)

My aim is to extend and complement the arguments that others have already made for the claim that women who are citizens of economically disadvantaged states and who have been trafficked into sex work in economically advantaged states should be considered candidates for asylum. Familiar arguments cite the sexual violence and forced labor that trafficked women are subjected to along with their well-founded fear of persecution if they’re repatriated. What hasn’t been considered is that reproductive rights are also at (...) stake. I explain how reproductive rights are implicated in sex trafficking. Moreover, I contend that sex traffickers’ abuse of women’s reproductive rights is persecutory and that that this persecutory abuse obliges destination states to offer asylum to transnational sex trafficking victims. I start by sketching reproductive human rights doctrine. I then examine studies of women who are in post-trafficking recovery programs in order to ascertain the impact of their past experience of forced sex work on their reproductive freedom and health. On the basis of these findings, I maintain that, among other outrages, sex trafficking systematically violates victims’ reproductive human rights. In view of this abuse, women trafficked into sex work might seem to be prime candidates for asylum in destination states. Yet, economically well-off destination states are not particularly receptive to this idea, and international law provides some justification for their chilliness. Preliminary to challenging them, I explicate four ways in which international anti-trafficking law and international refugee law interfere with viewing women trafficked into sex work as refugees and approving their applications for asylum. The second half of my paper aims to overcome those legal obstacles. In the interest of parsimony and because there are many continuities between U.S. refugee law and anti-trafficking law and the policies of similar destination states, I focus mainly on the U.S. in this part of the paper. To anchor my argument, I spotlight two precedents in refugee law for taking reproductive human rights seriously and several precedents for treating trafficked women as members of a distinct social group as required by refugee law. I then urge that a law enforcement gestalt has gained undue influence over U.S. legal practices where anti-trafficking law intersects with refugee protection law. A human rights gestalt is needed as a counterweight, for otherwise victims of sex trafficking and the reproductive abuse they’ve suffered are erased. Taking up a human rights perspective and mobilizing the precedents I’ve identified, I show that respecting the reproductive human rights of women who have been trafficked into sex work entails that affluent destination states must recognize their right to asylum. (shrink)

This paper argues that Foucault’s The History of Sexuality contains an implicit but important interpretation of Nietzsche’s critique of the ‘ascetic ideal’. It suggests that Foucault undertakes a non-reductive synthesis of seemingly conflicting aspects of Nietzsche’s thought, on the one hand, its valorisation of the ‘Dionysian’ and, on the other hand, its enthusiasm for ‘self-disciplining’. The consequences of a failure to appreciate how Nietzsche’s thought combines these two themes is illustrated through a sketch of what is termed an ‘oppositional’ interpretation (...) of his thought. This erroneously imposes the nature/culture distinction upon Nietzsche’s thought and reads its critique of morality in terms of ‘repression’, the ‘renunciation of instinct’ etc. An alternative, ‘economic’ interpretation of Nietzsche’s thought in which his ‘affirmation of the Dionysian’ and valorisation of self-disciplining are conjoined is outlined and recommended. Foucault’s interpretation of Nietzsche is presented as an example of such an ‘economic’ reading, in that it appreciates Nietzsche’s libidinal interpretation of self-denial. This combination of Nietzsche’s and Foucault’s thought is termed ‘noble ascesis’. This is illustrated through a reading of Foucault’s account of Greco-Roman ethics. Attention is drawn to how Foucault’s implicit interpretation of Nietzsche helps to clarify Nietzsche’s conception of the possibility of a ‘healthy’ appropriation of the ‘ascetic ideal’. The paper attempts to show how the ‘non-moral’ ethical practice Foucault retrieves from the classical world, on the basis of Nietzsche’s distinction between different forms of self-denial, emphasises the affective and libidinal investments of asceticism. This, in turn, is related to Foucault’s critique of the ‘repressive hypothesis’ and overcoming of the ‘repression/transgression’ model of the nature of power. However, the paper identifies some tensions between Nietzsche’s and Foucault’s accounts of asceticism and interpretations of the ethical practice of the Greco-Roman world and closes by considering whether or not these tensions can be resolved. (shrink)

One striking feature of pornographic images is that they emphasize what is depicted and underplay the way it is depicted: the experience of pornography rarely involves awareness of the picture’s composition or of visual rhyme. There are various ways of making this distinction between what is depicted in a picture and the way the depicted object is depicted in it. Following Richard Wollheim, I call these two aspects, the ‘what’ and ‘how’ of pictorial representation ‘recognitional’ and ‘configurational’, respectively. Some pictures (...) emphasize one of these aspects while underplaying the other. Pornographic pictures try to trigger as little attention to the ‘configurational’ aspect as possible. Instead of examining pornography, where the ‘configurational’ aspect of experience is underplayed, I focus on a historical attempt to create images of the female body where the ‘recognigional’ element is the one that is underplayed and the ‘configurational’ elements of the picture form an essential part of our experience. The pictures I have in mind are André Kertész’s series of photographs from 1933, called Distortions. I argue that Kertész’s Distortions are in this respect the counterpoint of pornography: they may be the least pornographic representations of the female nude. Instead of ignoring the ‘configurational aspects of the picture, making the picture transparent and fully at the service of showing the female body and thus to trigger arousal, Kertész aims to achieve the exact opposite. His photographs strip the female body of all its sexual connotations and draw our attention to the formal features of the picture – which is quite a feat in the light of the subject matter of these pictures that normally draw our attention away from the formal features of pictures. (shrink)

Social animals need to share space and resources, whether sexual partners, parents, or food. Sharing is indeed at the core of social life. Humans, however, of all social animals, have distinct ways of sharing. They evolved to become Homo Negotiatus; a species that is prone to bargain and to dispute the value of things until some agreement is reached.

Advances in forensic techniques have expanded the temporal horizon of criminal investigations, facilitating investigation of historic crimes that would previously have been considered unsolvable. Public enthusiasm for pursuing historic crimes is exemplified by recent high-profile trials of celebrities accused of historic sexual offences. These circumstances give new urgency to the question of how we should decide which historic offences to investigate. A satisfactory answer must take into account the ways in which the passage of time can erode the benefits (...) of criminal investigation, the costs associated with investigating old crimes, and the need to prioritize investigations in the face of limited police resources. This article emphasizes the first of these factors. It begins by considering the moral goals of a criminal justice system and the contribution of criminal investigations to the achievement of these goals, distinguishing between contributions that depend on further steps in the criminal justice process, such as prosecution and punishment, and contributions that can have value independently of these further steps. Using this important distinction, the article then examines a range of factors that relate the passage of time to criminal justice goals, including the seriousness of the crime; deterioration of evidence; death of the offender, victim and others affected by the crime; and diminished psychological connectedness between those affected by the crime and their current selves. While the range and non-uniformity of relevant factors preclude a simple answer to the question of when historic crimes should be investigated and call instead for case-by-case assessment, we find that the analysis does support some general conclusions that can guide such an assessment. (shrink)

According to a standard interpretation of the term, ‘gender’ denotes sets of social roles and expectations conventionally associated with the sexual physiology of human beings. Originally introduced in psychology, the term is now widely used in the social sciences and humanities, as well as in the biological sciences. In this article we introduce and discuss the central themes of contemporary philosophical debates on gender. Particular attention is paid to recent feminist arguments concerning the distinction between sex and gender, and (...) to how feminist debates today intersect with neuroscience research on sex-related differences between human brains. (shrink)

This paper initiates analytic inquiry into the metaphysics of masculinity. I argue that individual masculinities (such as ‘clone masculinity’ and ‘incel masculinity’) are distinct homeostatic property cluster kinds related to gender structures via processes of adherence, failed-adherence, selective adherence, and/or reinterpretation with respect to male-coded social norms.

It is sometimes argued that the non-therapeutic, non-consensual alteration of children‘s genitals should be discussed in two separate ethical discourses: one for girls (in which such alterations should be termed 'female genital mutilation' or FGM), and one for boys (in which such alterations should be termed 'male circumcision‘). In this article, I call into question the moral and empirical basis for such a distinction, and argue that all children - whether female, male, or indeed intersex - should be free from (...) having parts of their genitals removed unless there is a pressing medical indication. (shrink)

A psychology-informed view of human rights has been taken into account by many scholars while examining the short-term and long-term effects of human rights violations on individuals and communities. In Trauma and Human Rights: Integrating Approaches to Address Human Suffering, for instance, the authors discuss the trauma-informed approach in the context of human rights violations, namely domestic violence, racial and other forms of discrimination, etc. In the paper on Trauma among children and legal implications, the authors advance a trauma-informed approach (...) to human rights. The approach considers the experiences of trauma associated with physical abuse, sexual abuse, neglect, psychological/emotional abuse, community violence, natural disasters, serious accidents, parental death/grief, medical procedures and conditions, and terrorism. In the case of violations including rape and torture, the paper Torture by means of Rape concerns the psychological suffering of victims of rape, abuse, and torture in light of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. As for the jurisprudence of international human rights bodies, the advancement of a psychology-informed view of human rights is noticeable. Take the example of the Report of the Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment on Biopsychosocial factors conducive to torture and ill-treatment. The Report explores the root causes of the current worldwide complacency concerning torture and ill-treatment and recommends the urgent and proactive incorporation of science-based conclusions into ongoing, policy-based global governance reform processes. Further, the report provides that the root cause of the systemic governance failure is attributed to the generic biopsychosocial factors that have shaped human decision-making throughout history, irrespective of national, cultural, religious, or other distinctive influences. Since the two fields are creating a landscape of new concepts and perspectives, one may study this interface broadly under three headings; (a) Psychology in Human Rights. (b) Rights-Based Approach to Psychological Science and Research. (c) Psychology and Human Rights in Law and Policy. (shrink)

This essay is not about what love is. It is about what self-ascriptions of love do. People typically self-ascribe romantic love when a nexus of feelings, beliefs, attitudes, values, commitments, experiences, and personal histories matches their conception of romantic love. But what shapes this conception? And (how) can we adjudicate amongst conflicting conceptions? -/- Self-ascriptions of love do not merely describe the underlying nexus of attitudes and beliefs. They also change it. This essay describes how conceptions of love affect romantic (...) experience. I limn distinctions between love and obsessive infatuation and explore ways language can cultivate queer romantic preferences. Since conceptions of love are shaped, often implicitly, by terms available in one’s linguistic community, the resulting nexus of concepts and conceptions manifests linguistic luck. I suggest ways we might sculpt the language of love to better understand—and change—ourselves. Love can help us flourish and so can our “love” language. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:“An Equivocal Couple Overwhelmed by Life”A Phenomenological Analysis of PregnancySara HeinämaaTwo conceptions of human generativity prevail in contemporary feminist philosophy. First, several contributors argue that the experience of pregnancy, when analyzed by phenomenological tools, undermines several distinctions that are central to Western philosophy, most importantly the subject-object distinction and the self-other and own-alien distinctions. This line of argument was already outlined by Iris Marion Young in her (...) influential essay “Pregnant Embodiment: Subjectivity and Alienation” (1984). The other dominant argument is related to the first one, and it states that organic birth is the event that establishes the first experiential separation between the self and the other. On this understanding, the mother-fetus relation would not involve any relations between two corporeal selves; all such relations would be postnatal. This notion has been defended, for example, by Christine Schües (1997; 2000) and Johanna Oksala (2003).1On the other hand, classical phenomenology is dominated by the idea that the rigorous first-person methodology that is essential to phenomenology dictates that the sense of birth must be studied primarily by reflection on the structures of our own recollection or memory. Consequently, the primary sense of human birth would be that of an unattainable limit. This is argued on the basis of the existential fact that we all are born but cannot recall our own birth, or else on the basis of the transcendental fact that the structure [End Page 31] of retention ties each living present to an earlier one and implies that the transcendental ego cannot be subject to generation.2 From this perspective, all analyses and reflections of the experiences of labor, gestation, and pregnancy would be secondary since the sense of birth that these experiences involve is the nativity of another human being and not the nativity of the reflecting self.This paper challenges both the feminist and the classical phenomenological approach. I maintain that careful phenomenological analyses of the experience of pregnancy undermine both notions. Such analyses show, on the one hand, that pregnancy does not imply a nondistinction or self-other fusion but on the contrary involves a specific self-other divide. At the same time, they demonstrate that the sense of birth is more complex than the classical recollection-paradigm suggests and that it includes more components than the signification of an unattainable limit. A proper phenomenology of birth must take into account not only the universal fact that we all are born, but also the equally universal fact that each of us is born from another human being, that is, some other human subject.3 This other human being who “gave” us birth or “from whose flesh we were born” provides us with a unique perspective on our own past, beyond the limits of our own recollection. Her perspective is incomparable to any other external perspective; rather than simply giving us an additional third-person viewpoint on our own organic birth, this one person is able to open a second-person perspective on our pre- and postnatal life and the transition between them—all of which is beyond our own recollection.My argument proceeds by the following steps:First, I develop a fresh discourse on the experience of pregnancy, by studying a set of remarks to be found in Julia Kristeva’s postphenomenological discourse on maternity, on the one hand, and in Simone de Beauvoir’s existential-phenomenological discourse on feminine embodiment, on the other hand. I use these remarks as leading clues for a novel phenomenological study of the experience of pregnancy.4 Contra Young’s influential account mentioned above, I argue that gestation, as experienced by women who live it in the first person, includes a separation between two sensory-motor beings in a nesting relation: the pregnant self and the embryonic other. The alternative account that I provide hinges on my analysis of the experience of fetal movements and the role of touch-sensations and kinesthetic sensations in such experiences. Ultimately, I argue that pregnancy does not erode the self-other boundary or the own-alien boundary but reestablishes both divisions.Second, I compare my account of the experience of pregnancy to Merleau... (shrink)

A religious worldview cannot expect the same kinds of tolerance as racial, gender, or sexual identities. Here’s why... -/- ... How should the Left understand and practise religious tolerance in the face of the emphasis that various groups now place on the value of their religious identities? This is a question that has, of course, become tangled up with overlapping issues, such as racism, anti-immigrant sentiment, and various forms of nationalist xenophobia. But we should keep these issues separate and (...) focus on the difficult enough question of the relationship between religious toleration and identity politics. Much of the (New) Left analysis, which concentrates on the language and agendas of identity politics, has paid too little attention to a very significant distinction that falls within the various identities that have been proposed as a basis for rectifying various forms of social injustice and unequal treatment: the distinction between ideological and non-ideological identity commitments. A lack of clarity about this basic divide within identity politics has led to a serious failure to provide credible understanding of what tolerance requires when we are confronted with questions about the rights of different religious groups to be treated equally and with respect.... (shrink)

We take up questions of passing/outing as they arise for those with queer femme identities. We argue that for persons with female-identified bodies and queer, feminine (‘femme’) gender identities, the possibilities above may not exist as distinct options: for example, what it means to ‘pass’ or ‘cover’ is not always distinguishable – conceptually or in practice – from living authentically and resisting heteronormative identification: i.e. the conditions of being ‘out’. In some ways, these conflations privilege queer femmes; in others, femmes (...) find themselves implicated in a political double bind. We contend that this example problematizes the very concepts of passing and outing, and the political and ethical demands that are taken to arise from them. We conclude by exploring what it means to live queer femme identity responsibly and what this means for the ethics of sexual identity more generally. (shrink)

Disability has been a topic of heightened philosophical interest in the last 30 years. Disability theory has enriched a broad range of sub-specializations in philosophy. The call for papers for this issue welcomed papers addressing questions on normalcy, medical ethics, public health, philosophy of education, aesthetics, philosophy of sport, philosophy of religion, and theories of knowledge. This issue of Essays in Philosophy includes nine essays that approach the philosophy of disability in three distinct ways: The first set of three essays (...) provide a careful analysis of John Rawls, and the application of his work in ethics and justice to societies in which persons with disabilities, especially cognitive disabilities, can take active part in the processes of civil society. The second set of three essays branch out into continental philosophy, and are especially engaged with issues of community membership, communication, translation, and hermeneutics. The third set of three essays address disability specifically through the arts and aesthetics; asking questions on the portrayal of disabled persons in the arts and its implications for normalcy, sexuality, beauty, and the sublime. (shrink)

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