This paper argues that participating exclusively or predominantly in heterosexual romantic or sexual relationships is prima facie morally impermissible. It holds that this conclusion follows from three premises: (1) gender norms are on-balance harmful; (2) conforming to harmful social norms is prima facie morally impermissible; and (3) participating exclusively or predominantly in heterosexual romantic or sexual relationships is a way of conforming to gender norms.

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.

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 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)

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

We argue that stereotypes associated with concepts like he-said–she-said, conspiracy theory, sexual harassment, and those expressed by paradigmatic slurs provide “normative inference tickets”: conceptual permissions to automatic, largely unreflective normative conclusions. These “mental shortcuts” are underwritten by associated stereotypes. Because stereotypes admit of exceptions, normative inference tickets are highly flexible and productive, but also liable to create serious epistemic and moral harms. Epistemically, many are unreliable, yielding false beliefs which resist counterexample; morally, many perpetuate bigotry and oppression. Still, some (...) normative inference tickets, like some activated by sexual harassment, constitute genuine moral and hermeneutical advances. For example, our framework helps explain Miranda Fricker’s notion of “hermeneutical lacunae”: what early victims of “sexual harassment” — as well as their harassers — lacked before the term was coined was a communal normative inference ticket — one that could take us, collectively, from “this is happening” to “this is wrong.”. (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 emerging sexual ethics that characterise the contemporary society, remains new to Africa, a phase of the erosion of African ethos, and a negation of the sacredness and classical norms of sex, which deserves to be addressed by all and sundry. It is a contemporary trend brought to fore by homosexuals, bisexuals and transsexuals, among which are the radical feminists, who indoctrinate many with the practice and continuously push very hard for legalisation and acceptance by all cultures and (...) religions. But interestingly, many cultures and religions still remain opposed to the practice and its evolved ethics since they abuse human sexuality and African ethos. Clearly, adherents and feminists of the ill-practices with the new sex ethics have lost touch with moral sanity and the metaphysical Being, God. Only worthwhile cultural traits need be borrowed into and imbibed by other cultures in contact. The rising ugly development can best be addressed through strong opposing legislations, the sustenance of cultural and moral norms and values (ethics) and attitudinal change. (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 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)

In some cultures, people tend to believe that it is very important to be sexually exclusive in romantic relationships and idealise monogamous romantic relationships; but there is a tension in this ideal. Sex is generally considered to have value, and usually when we love someone we want to increase the amount of value in their lives, not restrict it without good reason. There is thus a call, not yet adequately responded to by philosophers, for greater clarity in the reasons §why (...) it might be reasonable for a couple to adopt a policy of sexual exclusivity. This article argues that we cannot justify the demand for sexual exclusivity by a need to protect the relationship from the risk of one partner ‘trading-up’, or by appealing to jealousy. However, sexual exclusivity can be intelligible if it supports the romantic relationship and helps to distinguish it from other relationships. Nonetheless, sexual exclusivity ought not to be the hegemonic social norm that it currently is in some societies because this diminishes the potential value it might have and gives the idea of faithfulness the wrong focus. (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)

Are rights to privacy consistent with sexual equality? In a brief, but influential, article Catherine MacKinnon trenchantly laid out feminist criticisms of the right to privacy. In “Privacy v. Equality: Beyond Roe v. Wade” she linked familiar objections to the right to privacy and connected them to the fate of abortion rights in the U.S.A. (MacKinnon, 1983, 93-102). For many feminists, the Supreme Court’s decision in Roe v. Wade (1973) had suggested that, notwithstanding a dubious past, legal rights to (...) privacy might serve feminist objectives, and prove consistent with sexual equality. By arguing that Roe’s privacy justification of abortion rights was directly responsible for the weakness and vulnerability of abortion rights in America, MacKinnon took aim at feminist hopes for the right to privacy at their strongest point. Maintaining that Roe’s privacy justification of abortion is intimately, and not contingently, related to the Supreme Court’s subsequent decision in Harris v. McRae, (1980) MacKinnon concluded that privacy rights cannot be reconciled with the freedom and equality of women, and so can have no place in a democracy.1 In Harris, the Supreme Court held that the State need not provide Medicaid coverage for abortions that are necessary to preserve the health, but not the life, of a pregnant woman, effectively depriving poor women of almost all state aid for abortions.2 Moreover, the Court’s subsequent decision in Bowers v . Hardwick (1986) appeared to confirm the truth of MacKinnon’s observation – though this case concerned gay rights, rather than abortion rights, and occurred several years after MacKinnon’s condemnation of Harris. -/- This paper examines MacKinnon’s claims about the relationship of rights to privacy and equality in light of the reasoning in Harris and Bowers. When we contrast the Majority and Minority decisions in these cases, it shows, we can distinguish interpretations of the right to privacy that are consistent with sexual equality from those that are not. This is not simply because the two differ in their consequences – though they do - but because the former, unlike the latter, rely on empirical and normative assumptions that would justify sexual inequality whatever right they were used to interpret. So while I agree with MacKinnon that the Majority’s interpretation of the right to privacy in Harris is inconsistent with the equality of men and women, I show that there is no inherent inconsistency in valuing both privacy and equality, and no reason why we must chose to protect the one, rather than the other. Indeed, an examination of MacKinnon’s article, I suggest, can help us to see why rights to privacy can be part of a scheme of democratic rights, and how we might go about democratising the right to privacy in future. To avoid confusion I should emphasise that my arguments are of a philosophical, not a legal, nature. Thus, I will be ignoring the specifically legal and constitutional aspects of MacKinnon’s article, and of the Supreme Court decisions, in order to bring their philosophical significance into focus. -/- . (shrink)

Irigaray’s engagement with Aristotelian physics provides a specific diagnosis of women’s ontological and ethical situation under Western metaphysics: Women provide place and containership to men, but have no place of their own, rendering them uncontained and abyssal. She calls for a reconfiguration of this topological imaginary as a precondition for an ethics of sexual difference. This paper returns to Aristotelian cosmological texts to further investigate the topologies of sexual difference suggested there. In an analysis both psychoanalytic and phenomenological, (...) the paper rigorously traces a teleological and oedipal narrative implicit in the structure of the Aristotelian cosmos, in which desire for the mother is superseded by love for the father. Further, the paper argues that this narrative is complicated by certain other elements in the Aristotelian text—aporias involving the notion of boundary and the relationship between space and time, the fallenness of the feminine, and the ineliminably aleatory qualities of matter. The paper concludes that such elements may provide material for disrupting this teleology of gender, opening onto not merely an ethics of sexual difference, but providing space and place for a proliferation of non-normative, queer, transgender and intersex modes of sexed and gendered subjectivity. (shrink)

Catholic sexual ethics proposes a number of exceptionless moral norms. This distinguishes it from theories which deny the possibility of any exceptionless moral norms (e.g. the proportionalist approach proposed in the aftermath of "Humanae Vitae" and condemned in "Veritatis Splendor"). I argue that Catholic teaching on sexual ethics refers to chosen physical structures in such a way as to make ‘new natural law’ theory inherently unstable. I outline a theory of “the moral act” (Veritatis Splendor 78) (...) which emphasises the place which chosen physical features – in particular, chosen sexual structures – play in specifying human actions. I conclude that this account, involving what I term UMDAs, is needed to make sense of the Church’s teaching in these areas. (shrink)

In both popular and scholarly discussions, sexual consent is gaining traction as the central moral consideration in how people should treat one another in sexual encounters. However, while the concept of consent has been indispensable to oppose many forms of sexual violence, consent-based sexual ethics struggle to account for the phenomenological complexity of sexual intimacy and the social and structural pressures that often surround sexual communication and behavior. Feminist structural critique and social research on (...) the prevalence of violation even within consensual sex suggest that consent is insufficient to ground responsibility; a more fundamental orientation toward the value of sexual agency provides a better foundation for sexual ethics. Using feminist critical theory, phenomenology, and black feminist thought, this dissertation develops a socially situated and relational notion of sexual agency and diagnoses how such agency is neglected in prevailing discussions of consent in moral philosophy and legal theory. I argue that the ethical question of responsibility to another in a sexual encounter—apart from juridical considerations—should be reframed around the value of each person’s socially situated practices of agency. Preceding and extending beyond the obligation to gain valid consent for an action, responsibility demands adapting one’s intentions and behaviors in response to the wider range of another’s communicative expressions of agency. However, communicative expressions can be ambiguous or overdetermined by social context and cultural norms; they often offer only provisional traces of agency. To address this inherent uncertainty in intimacy, I propose drawing on insights from Emmanuel Levinas about the dynamic, open-ended nature of relationality, responsibility, and communication. Responsibility toward another does not depend on securing certainty about their “yes” or “no,” but requires responding continuously under conditions of uncertainty and ambiguity, adapting behaviors and intentions to make room for another’s agency despite its opacity. (shrink)

Why and how do norms emerge? Which norms emerge and why these ones in particular? Such questions belong to the ‘problem of the emergence of norms’, which consists of an inquiry into the production of norms in social collectives. I address this question through the ethnographic study of the emergence of ‘norms against violence’ in the political collective Occupy Geneva. I do this, first, empirically, with the analysis of my field observations; and, second, theoretically, by (...) discussing my findings. In consequence of two episodes categorized as sexual assaults that occurred in their camp, the members of Occupy Geneva decided to tackle those issues in a general assembly. Their goal was to amend their first charter of good conduct in order to reform its norms and complete it with norms aiming to regulate ‘facts’ of ‘unjustified violence’. During a collective deliberation, new norms were devised, debated and consensually adopted. The writing of the new charter took place in a second general assembly during which the wording of the written norms was collectively decided. I show that indignation over the sexual assaults was the main motive that led to the collective deliberation, and that the entire process of the making of these norms was characterized by different collective emotions. Indeed, indignation, contempt and fear played major roles in the emergence of norms prohibiting violence, allowing punishment and exclusion of wrongdoers, and prescribing collective intervention against an aggressor to neutralize the threat represented. These findings prompt me to hypothesize that social norms emerge from emotions thanks to the latters’ internal structure; and that emotions provide causal and grounding explanations for this emergence. Thus, emotions allow us to answer the questions: ‘Why do norms emerge?’ and ‘Why do they have their specific forms?’ In short, I argue that social norms have emotional foundations. (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)

Sexual infidelity is widespread, but it is also widely condemned, yet relatively little philosophical work has been done on what makes it wrong and how wrong it is. In this paper, I argue that sexual infidelity is wrong if it involves breaking a commitment to be sexually exclusive, which has special significance in the relationship. However, it is not necessarily worse than other kinds of infidelity, and the context in which it takes place ought to be considered. I (...) finish the paper by looking at how the hegemonic norm of monogamy makes infidelity both more likely and more difficult to deal with. (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)

According to Westermarck’s widely accepted explanation of the incest taboo, cultural prohibitions on sibling sex are rooted in an evolved biological disposition to feel sexual aversion toward our childhood coresidents. Bernard Williams posed the “representation problem” for Westermarck’s theory: the content of the hypothesized instinct is different from the content of the incest taboo —thus the former cannot be causally responsible for the latter. Arthur Wolf posed the related “moralization problem”: the instinct concerns personal behavior whereas the prohibition concerns (...) everyone. This paper reviews possible ways of defending Westermarck’s theory from the representation and moralization problems, and concludes that the theory is untenable. A recent study purports to support Westermarck’s account by showing that unrelated children raised in the same peer groups on kibbutzim feel sexual aversion toward each other and morally oppose third-party intra-peer-group sex, but this study has been misinterpreted. I argue that the representation and moralization problems are general problems that could potentially undermine many popular evolutionary explanations of social/moral norms. The cultural evolution of morality is not tightly constrained by our biological endowment in the way some philosophers and evolutionary psychologists believe. (shrink)

Philosophy &Public Affairs, Volume 52, Issue 1, Page 69-100, Winter 2024.

The online dating application has in recent years become a major avenue for meeting potential partners. But while the digital public sphere has gained the attention of political philosophers, a systematic normative evaluation of issues arising in the ‘digital sexual sphere’ is lacking. I provide a philosophical framework for assessing dating app corporation conduct, capturing why people use these apps and their experience so often is unsatisfactory. Identifying dating apps as agents intervening in a social institution necessary for the (...) reproduction of society, with immense power over people's lives, I ask if they exercise their power in line with individuals’ interests. Acknowledging that people have claims to non-interference, equal standing, and choice improvement relating to intimacy, I find that the traditional, non-digital, sexual sphere poses problems to their realisation, especially for sexual minorities. In this context, apps’ potential for justice in the sexual sphere is immense, but unfulfilled. (shrink)

In this essay, I consider the question of whether women have an obligation to confront men who sexually harass them. A reluctance to be guilty of blaming the victims of harassment, coupled with other normative considerations that tell in favor of the unfairness of this sort of obligation, might make us think that women never have an obligation to confront their harassers. But 1 argue that women do have this obligation, and it is not overridden by many of the considerations (...) that can override other obligations to confront wrongdoers. (shrink)

In this paper, I intend to deny the morality and instrumentality of the behavior known as bestiality, or the use of non-human animals for sexual gratification by human beings. While to most modern peoples, this hardly even seems like it should be in question, it should be the nature of the human mind to occasionally question long-standing traditional moray in the hopes of finding solutions to problems and the disbanding of superstition. It has been proposed that the moral question, (...) and by extension the legal question, of bestiality is based on traditions long outlived and unnecessary. In an IceNews.is article written in 2008, Norwegian lawyers were growing concerned over the prevalence of animal brothels in Denmark and the precedent it set for Norway [http://www.icenews.is, 2008]. The article, when coupled with the 2001 article title “Heavy Petting” by prominent Utilitarian philosopher, Peter Singer, proves that the issue of bestiality is no longer the purview of jokes and psychological discussions. I will argue against bestiality as a socially acceptable practice based on five standard premises. The standard premises I will present will contain notes in regard to: instrumentality; consent; disease transmission; deviance; and morality. There is significant work available on the harm done to the beast, so aside from brief summary; the question of the good of the beast is not in the focus. I will also ignore any religious concerns, either surrounding morality or freedom of practice. Instead, these arguments are in support of the moral identity of the individual and of society as a whole. (shrink)

This paper examines how post-colonial perspectives reshape the interpretation of gender and sexuality in Greco-Roman mythology, revealing enduring power dynamics that continue to influence contemporary society. Through an analysis of pivotal myths such as Pandora’s Box, Helen of Troy and Aphrodite, Andromeda, Lucretia, and Dido, the study demonstrates how classical narratives perpetuated patriarchal ideologies by marginalizing female agency and associating women with instability. Post-colonial readings further highlight parallels between these myths and colonial strategies of control, where the subjugation of women (...) and marginalized groups was justified through cultural narratives. By juxtaposing ancient and modern interpretations, this paper underscores the cyclical nature of gender-based oppression and emphasizes the role of mythology in shaping societal expectations and norms. The findings advocate for a critical reexamination of these narratives to challenge and deconstruct the power structures they continue to uphold. (shrink)

In mid-2019, the controversy regarding South African runner Caster Semenya’s eligibility to participate in competitions against other female runners culminated in a Court of Arbitration for Sport judgement. Semenya possessed high endogenous testosterone levels (arguably a performance advantage), secondary to a disorder of sexual development. In this commentary, Aristotelean teleology is used to defend the existence of ‘male’ and ‘female’ as discrete categories. It is argued that once the athlete’s sex is established, they should be allowed to compete in (...) the category of their sex without obligatory medical treatment. Indeed, other athletes who possess advantageous genetic or phenotypic traits that fall outside of the human norm have been allowed to compete as humans without restraint. In both cases, if an athlete possesses the essential attributes of being a human or being male or female they should be permitted to compete in those respective categories; athletes’ eligibilities should not be based upon accidental attributes. (shrink)

In this study, I aimed to subject to philosophical analysis the scientific data from biological science researches that are conducted into the phenomenon of homosexuality in order to give philosophical interpretation to it thereby establishing the normative values of the scientific findings. From the study, I observed that much of the scientific data on homosexuality established the phenomenon as ingrained in the human biological construct. I argued that although homoeroticism is biological construct of the homosexual, parenting plays significant role in (...) the sexual identity ultimately developed by an individual. I have presented three conceptual frameworks to show how this happens. I determined that homoeroticism and homosexuality are not exactly the same thing; homoeroticism is a biological construct, while homosexuality is a social construct. I also determine that sexual orientation (which results from eros) is not necessarily the same thing as sexual identity (such as homosexuality or heterosexuality, which results from socialization processes). I argued that sexuality is a synthesis of dialectical interactions between the factors internal within and external to the homosexual’s body; but that the external is conditioned by the internal. I adopted the paradigm of existentialism as the philosophical framework for the analysis. In conclusion, I argued that if the homosexual’s sexual orientation is native biological construct of his/her body, then the homosexual has no control over his/her sexual orientation. The philosophical implication of that finding is that homoeroticism is facticity; and as facticity the homosexual cannot escape from being homosexual. Despite this, I used the Two-Way Test (TWT) to show that homosexuality is immoral act; although the homosexual is not an immoral person. However, I have demonstrated that the failed moral status of homosexuality is not enough ground to criminalize homosexuality. (shrink)

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)

The Yogyakarta Principles for the application of human rights to sexual orientation and gender identity define gender identity as “each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body and other expressions of gender, including dress, speech, and mannerisms.” This definition and its acknowledgment within human rights politics is a key step in the fight of trans people for legal protection. (...) Our aim is to analyze this definition both historically and systematically to find out how the Western liberal conception of rights fosters specific trans politics and limits the options for others. Specifically, we claim that political liberalism and the form of subjective rights that it brings about influence concepts of identity and political strategies. While we analyze the limits of the liberal framework, our aim is to think about how it is possible that even within this framework, non-normative bodies and queer identities can be acknowledged and supported through law. (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)

The notion of homosexuality in Sub-Saharan African countries has been demonized and rejected based on the assumption that it is both unnatural and alien to African customs and practices. As a result, LGBTQ individuals continue to face stigmatization and discrimination which often translates into verbal, physical and sexual violence. Nevertheless, gender progressive movements such as the Matrix Support Group, have made progress in demystifying misconceptions about LGBTQ community as an attempt to end homophobic attitudes and to negotiate the acceptance (...) of these sexual minorities in African societies. Despite such efforts and developments, heterosexual individuals in Lesotho continue to treat sexual minorities with hostility due to their ignorance about sex, sexuality and gender, thus fuelling hatred towards members of the LGBTQ community. Research has mainly focused on the negative effects of discrimination and stigmatization of homosexuals but overlooked the fundamental cause of homophobia in Lesotho. By employing the content analysis method, this paper provides a systematic analysis of Lesotho’s patriarchal system and its bearing on sexual minorities by exploring the intersectionality of homosexuality, patriarchy, and homophobia. It argues that the constant use of derogatory terms which instigate hate-crimes and discrimination of sexual minorities not only hinders a positive change of attitude but prevents a shift from misguided conceptions about homosexuality. This paper concludes that the revision of power relations and legal interventions aimed at prohibiting stigmatization and violence against homosexuals are imperative in ensuring the protection and recognition of LGBTQ people’s rights in Lesotho. (shrink)

An enduring source of skepticism towards Kant’s practical philosophy is his deep conviction that morality must be understood in terms of universality. Whether we look to Kant’s fundamental moral principle (the Categorical Imperative) or to his fundamental principle of right (the Universal Principle of Right), universality lies at the core of the analyses. A central worry of his critics is that by making universality the bedrock of morality in these ways, Kant fails to appreciate the importance of difference in individual (...) lives, societies, and legal-political institutions when these are realized well. Below I argue that Kant’s philosophy neither advocates moralized hyper-reflective, alienating ways of being nor seeks to justify Kant’s own and others’ prejudices in the name of morality’s universality. To see this, we need to understand both Kant’s account of human nature – of the predisposition to good and the propensity to evil – and how Kant’s theory of freedom sets the moral framework within which important non-moralizable concerns of human nature are accommodated. We can then appreciate the ways in which Kant sees both unreflective and reflective normative elements as working together as an integrated whole in emotionally healthy, morally good human beings, historical cultures, and legal-political institutional systems. (shrink)

This review examines Burke's phenomenological analysis of normative femininity, examining how femininity is implicated in both historical and present racial violence. It lauds Burke's analysis of the temporality of gendered experience—in the Beauvoirean tradition of feminist phenomenology—but it criticizes Burke for coming up short in the critical aspect of their project. It closes with some methodological reflections about doing effect critical phenomenology.

Controversially, psychologist and public intellectual Jordan Peterson advises “enforced monogamy” for societies with high percentages of “incels.” As Peterson’s proposal resonates in manosphere circles, this chapter reconstructs and briefly evaluates the argument for it. Premised on the moral importance of civilizational sustainability, advocates argue that both polygamous and socially monogamous but sexually liberal mating patterns result in unsustainable proportions of unattached young men. Given the premises, monogamous societies are probably justified in maintaining their anti-polygamist social and legal norms. The (...) case for imposing stricter sexual norms on socially monogamous but sexually liberal societies is weaker, however, as male involuntary celibacy in those places isn’t as directly caused by male intrasexual competition, and since less intrusive social interventions are more likely to ameliorate “the incel problem.”. (shrink)

This paper has three goals. The first is to defend Tristan Taromino and Erika Lust (or some of their films) from criticisms that Rebecca Whisnant and Hans Maes make of them. Toward that end, I will be arguing against the narrow conceptions that Whisnant and Maes have of what `feminist' pornography must be like. More generally, I hope to show by example why it is important to take pornographic films seriously as films if we're to understand their potential to shape, (...) or mis-shape, socio-sexual norms. (shrink)

Rae Langton and Caroline West argue that pornography silences women by presupposing misogynistic attitudes, such as that women enjoy being raped. More precisely, they claim that a somewhat infamous pictorial, ‘Dirty Pool’, makes such presuppositions, and that it is typical in this respect. I argue for four claims. (1) There are empirical reasons to doubt that women are silenced in the way that Langton and West claim they are. (2) There is no evidence that very much pornography makes the sorts (...) of presuppositions that Langton and West's explanation of silencing requires it to make. (3) Even ‘Dirty Pool’, for all its other problems, does not make such presuppositions. (4) Langton and West misread ‘Dirty Pool’ because they do not take proper account of the fact that pornography often traffics in sexual fantasy. The broader lesson is that we need to read pornography more sensitively if we are to understand its capacity to shape socio‐sexual norms (for good or for ill). (shrink)

Religious conservatives in the U.S. have frequently opposed public-health measures designed to combat STDs among minors, such as sex education, condom distribution, and HPV vaccination. Using Rawls’s method of conjecture, I will clear up what I take to be a misunderstanding on the part of religious conservatives: even if we grant their premises regarding the nature and source of sexual norms, the wide-ranging authority of parents to enforce these norms against their minor children, and the potential (...) class='Hi'>sexual-disinhibition effects of the above public-health measures, their opposition to at least one of these measures, HPV vaccination, cannot be justified. In fact, their comprehensive doctrines, when properly interpreted, should lead them to back this measure and thereby draw closer to a policy consensus with other citizens regarding teenage sexual health. (shrink)

PrEP (Pre-Exposure Prophylaxis) is a relatively new drug-based HIV prevention technique and an important means to lower the HIV risk of gay men who are especially vulnerable to HIV. From the perspective of biopolitics, PrEP inscribes itself in a larger trend of medicalization and the rise of pharmapower. This article reconstructs and evaluates contemporary literature on biopolitical theory as it applies to PrEP, by bringing it in a dialogue with a mapping of the political debate on PrEP. As PrEP changes (...) sexual norms and subjectification, for example condom use and its meaning for gay subjectivity, it is highly contested. The article shows that the debate on PrEP can be best described with the concepts ‘sexual-somatic ethics’ and ‘democratic biopolitics’, which I develop based on the biopolitical approach of Nikolas Rose and Paul Rabinow. In contrast, interpretations of PrEP which are following governmentality studies or Italian Theory amount to either farfetched or trivial positions on PrEP, when seen in light of the political debate. Furthermore, the article is a contribution to the scholarship on gay subjectivity, highlighting how homophobia and homonormativity haunts gay sex even in liberal environments, and how PrEP can serve as an entry point for the destigmatization of gay sexuality and transformation of gay subjectivity. ‘Biopolitical democratization’ entails making explicit how medical technology and health care relates to sexual subjectification and ethics, to strengthen the voice of (potential) PrEP users in health politics, and to renegotiate the profit and power of Big Pharma. (shrink)

Talk of gender identity is at the core of heated current philosophical and political debates. Yet, it is unclear what it means to have one. I examine several ways of understanding this concept in light of core aims of trans writers and activists. Most importantly, the concept should make good trans people’s understanding of their own gender identities and help understand why misgendering is a serious harm and why it is permissible to require information about people’s gender identities in public (...) life. I conclude that none of the available accounts meets these essential criteria, on the assumption that the gender norms of femininity and masculinity are unjustified. But we can, and should, pursue the feminist project without “gender identity”. Such feminism can include trans people because it is possible to account for the specific harm of misgendering without assuming a claim to the recognition of our gender identities. I conclude that we should eliminate the concept of “gender identity.” To understand the phenomena that are putatively captured by “gender identity,” we are better off employing other concepts, such as “sexual dysphoria,” (assigned or aspirational) “gender roles,” and (internalised or endorsed) “gender norms”. These concepts can usefully replace “gender identity” in an individual evaluation of each of the trans people’s claims to inclusion into particular spaces. (shrink)

The norm of monogamy is pervasive, having remained widespread, in most Western cultures at least, in spite of increasing tolerance toward more diverse relationship types. It is also puzzling. People willingly, and often with gusto, adhere to it, yet it is also, prima facie at least, highly restrictive. Being in a monogamous relationship means agreeing to give up certain sorts of valuable interactions and relationships with other people and to severely restrict one’s opportunities for sex and love. It is this (...) restrictiveness which has led for calls among some philosophers for the justification of the norm, and some have argued that it cannot be justified. John McMurtry, for example, writing in 1972, compared monogamy to private property and argued that it serves the capitalist order (McMurtry 1972, 596–97). More recently, Harry Chalmers (2019) has argued that monogamy is morally impermissible. In this chapter we argue that rather than justify the norm, we ought to explain and understand its pervasiveness. Not everyone who follows the norm is doing so blindly, irrationally, or immorally. Indeed, many people are monogamous because being monogamous supports their needs and best enables them to flourish. We suggest that the human need for trust and attachment could underlie many people’s desires for monogamy and, therefore, explain monogamy’s pervasiveness. Focusing on the human need for trust and attachment security can also help us to understand why sexual infidelity can feel like such a betrayal. It can make sense to mutually agree to exclusivity in relationships, in spite of the apparent restrictions this brings. In a sense, not all restrictions are restrictive, because holding ourselves to limits on our behavior can in fact help us to invest in and experience the things we value most. (shrink)

Dieser Artikel beleuchtet die Verflechtung von der Frage nach der Sexualität und der Frage nach dem wahren Selbst. Durch die eigene Sexualität entdeckt und offenbart sich das Individuum vor sich selbst und anderen. Im Anschluss an die Werke von Michel Foucault zeigt sich, dass diese Befragung der eigenen Sexualität nicht nur ein epistemisches Unterfangen ist. Sie ist vielmehr eingebettet in eine größere Struktur von Macht und Wissen. Im Zentrum der Sexualität steht ein Imperativ der Identität, der vom Subjekt verlangt, sich (...) innerhalb der Grenzen geltender Diskurse zu identifizieren und sich an bestehende Normen, die von den herrschenden Machtstrukturen produziert werden, zu orientieren und ihnen zu entsprechen. Abschließend werden zwei Pfade des Widerstands gegen diesen Imperativ der Identität beschrieben. Der eine betont die Möglichkeit, die Grenzen der Diskurse zu überschreiten, indem neue Wege gefunden werden, über sich selbst zu sprechen. Der andere eröffnet eine andere Perspektive auf die Sexualität, welche es uns ermöglicht, neue Beziehungen zu uns selbst und zu anderen zu gestalten. —— This article sheds light on the interweaving of sexuality and the question of the true self. Individuals discover and reveal themselves to others through their own sexuality. Drawing on the works of Michel Foucault it is shown that this questioning of one’s own sexuality is not merely an epistemic endeavor. It is embedded in a greater structure of power and knowledge. At the heart of sexuality lies an imperative of identity that demands the subject to identify itself within the limits of given discourses and to adhere and conform to given norms produced by predominant structures of power. Lastly, two paths of resistance against this imperative of identity will be paved. One emphasizing the possibility of pushing the boundaries of discourses by finding new ways of speaking about oneself. The other opening a different route of viewing sexuality, giving us the possibility to shape new relations to ourselves and others. (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)

How ought we socially to categorize individuals with respect to sexual orientation? In this paper, I engage with philosophical work on the foundations of political solidarity as well as public health research on the treatment and prevention of HIV/AIDS in order to develop a categorization scheme conducive to the normatively important aims of LGBTQIA+ social movements.

This paper examines Simone de Beauvoir’s reading of the 18th century writer and libertine Marquis de Sade, in her essay “Must we Burn Sade?”; a difficult and bewildering text, both in pure linguistic terms and philosophically. In particular, Beauvoir’s insistence on Sade as a “great moralist” seems hard to reconcile with her emphasis, in The Ethics of Ambiguity, on the interdependency of human beings and her exhortation to us to promote other people’s freedom, as well as the aspiration of The (...) Second Sex to equal relations between the genders. While earlier scholars addressed the ethico-political implications of Beauvoir’s essay, they insisted that the ambiguity so fundamental in her philosophy is denied by the Sadean hero, and that the Other can never be attained in his system. In this essay, I argue that Sade paradoxically emerges as an ethical model in Beauvoir’s text: as a writer, he assumes the ambiguity of the human condition in the extreme. Further, Sade reveals the potential of sexuality if it is explored in a form of eroticism that largely transgresses behavior constructed as normal: his writings open up new forms of existence, where, contrary to prevailing ideas, woman’s sexual freedom is claimed as equal to man’s, where genders are unstable and heterosexuality no longer the standard. Beauvoir’s fascination with Sade in this essay can be linked with the seemingly unresolvable asymmetry in the relation between men and women in The Second Sex: in his writings is revealed sexuality’s potential to subvert patriarchal norms and mystifications, and perhaps, in the end, even gender itself. (shrink)

Criminal law practices in the US, including policing and incarceration, have drawn heavy criticism for their disproportionate impact on black people, particularly black men. At the same time, some feminist scholars and activists advocate for increases in criminal law responses to sexual assault, including expanding criminal statutes to cover more instances of sexual assault and increasing sentencing guidelines. These reforms are often justified by claims that criminal law should express more feminist values and reject sexist social schemas. This (...) paper makes the case that criminal legal interventions aimed at changing sexist social schemas, such as ‘rape culture,’ are unlikely to be successful because criminal law is effective at maintaining existing social norms, but bad at introducing novel ones. Similarly, in the US, criminality has been ideologically linked to blackness, so attempts to use the stigma of criminality to combat sexual violence are likely to reinforce anti-black racism. The very meaning of a criminal law depends on related social schemas, and the racist social schemas associated with criminality undermine the ability of criminal legal responses to present anti-sexist values. At best, criminal legal reforms aimed at expressing the equal dignity of women will be ambiguous because their meaning is negotiated by existing sexist and racist social schemas. Thus, penal expressivism cannot offer a justification for using criminal law to combat sexual assault. (shrink)

This paper addresses the question of whether rape-law reform should treat all cases of simple rape—nonconsensual sex that does not involve the use or credible threat of physical force—as a serious crime. Of primary concern here are those sexual interactions, often referred to as “date rape” or “acquaintance rape,” where the coercive element is not physical force as evidenced by reasonable resistance. Should, as some feminist reformers have urged, felony rape include sexual interactions that may not be fully (...) consensual but do not include the use of physical force? If so, can convincing answers be provided for due process questions about what constitutes valid consent to sex and how to tell when it is present. This paper warns of the difficulties in determining what counts as evidence of nonconsent and mens rea in light of the “linkage thesis” which takes valid consent in these cases to be bilateral and interactive, and to imply the absence of mens rea. Given the complexity of norms governing these sexual interactions and the high likelihood of reasonable mistakes about consent, this paper contends that criminalizing these cases of simple rape will often result in the unjust treatment of the relevant parties. (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)

Recent philosophical work on sexuality has focused primarily on sexual orientation. Yet, there’s another normatively significant phenomenon in the neighborhood: sexual identity. Here, I develop a cultural theory of queer and straight sexual identity. In particular, I argue that sexual identity is a matter of inclusion/exclusion in relation to queer and straight cultures, which are differentiated in terms of characteristic practices involving kinship and political resistance.

This paper brings Merleau-Ponty’s phenomenological approach to Sasha Waltz’s dance film S, which focuses on the relation between sexuality and language. Maintaining that movement in cinema takes place in the viewers and not the film, the paper considers how the visual can be deepened to include the ways we move and are moved. Saussure’s insights into language are brought to the sensible, which is here understood in terms of divergences from norms. Though film would seem to privilege vision, viewing (...) this film helps to elucidate Merleau-Ponty’s claim that a film succeeds when it engages the viewer’s embodied understanding, and shifts the norms of the corporeal schema. (shrink)