Abstract‘The Future of Legal Gender’ project has assessed the potential implications for feminist legal scholarship and activism of decertifying sex/gender. Decertification refers to the state moving away from officially determining or registering sex/gender. This article explores the potential impact of such moves on equal pay law and gender pay gap reporting. Equal pay and gender pay gap reporting laws provide an important focus for the project because they aim to address structural dynamics associated with persistent pay inequality that women experience (...) across occupations in the United Kingdom. These legal measures illuminate gendering as a large-scale social problem widely understood to operate structurally and systemically. What effect, then, could decertifying sex/gender have on the law and conceptual power of equal pay? Might decertification undermine the structure of equal pay law, with all hard-won gains it has brought for women? Or is it possible to imagine that decertification could accompany a more inclusive and effective legal architecture for equal pay? (shrink)

Just as the nation is imagined and produced through everyday rhetoric and maps and flags, it is also constructed on the skin, and through bodies, by different types of corporeal `flagging'. In this article, I use two examples of contemporary surgical procedures to explore these dynamics. Aesthetic surgeries on `white' subjects are not often interrogated for their racializing effects, but I use the concept of `flagging' to explore how these surgeries work in the UK to align `white' bodies with a (...) white nation. US media coverage of Iraq invasion veterans with prosthetic limbs circulates narratives of heroism and patriotism, and I explore how the apparent `visibility' of these limbs works to re-embed notions of the US as a transcendent Christian nation. In these two examples of corporeal modification, the nation is `flagged' on the skin, reiterating relationships of belonging that echo practical and conceptual links with property. Propertied belonging — possessive and constitutive — unfolds through bodies, producing whiteness not only as property itself, but also as unmarked, habitual terrain. (shrink)

Surgeries inevitably raise questions of bodily integrity: how the post-surgical body reframes (or does not reframe) its experiences of functionality to incorporate new features. Nevertheless, when we try to define or delimit the concept of bodily integrity, it becomes increasingly important to think about how the physical and social unease caused by some forms of surgeries sits alongside the more transformative potential of surgical bodily modification. This article focuses on aesthetic genital surgeries on infants with disorders of sex development (DSD, (...) previously termed ‘intersex’ conditions). Using the work of Pierre Bourdieu and Elizabeth Freeman on time, bodies and ‘chrononormativity’, this article excavates not only the temporalities that produce what I would term ‘chrono-abnormalities’ of sex development, but also the temporalized medical responses, including surgeries, which retrieve ‘abnormal’ bodies into more normative time-lines. My conclusion is that when DSD-affected individuals experience aesthetic genital surgeries as painful and full of social unease this is not necessarily because the pre-surgical body was the ‘natural’, ‘whole’ or ‘intact’ body prior to surgery. Instead, it is because these surgeries interrupt what Bourdieu would term a sense of corporeal ‘immersion into the forthcoming’; an immersion which, in his theory of time as social action, is intimately linked with social power and possibilities. (shrink)

The equality provision in section 15 of the Canadian Charter of Rights and Freedoms 1982 was drafted with a vision of promoting substantive equality. Following challenges to this vision during the 1990s by a group of conservative Supreme Court judges, the recent judgment of Iacobucci J in Law v Canada (1999) has been welcomed for reasserting section 15's substantive ideal. But despite the effective manner in which the provision was drafted, and despite the recent guidelines set out in Law, interpretations (...) of section 15 must continue to explore the complexities of intersectional inequalities and clarify any reliance on the ambiguous call to ‘human dignity’ if they are to maintain Canada's position near the forefront of progressive approaches to equality law. (shrink)

Through a commentary on the enriching experience of receiving feedback through the Brewing Legal Times author-meets-reader session in February 2018, this piece reflects on the intellectual generosity and scholarly labour that makes such sessions an important form of academic social reproduction.

Following the “Encountering Human Rights” conference in January 2007, Emily Grabham interviewed Tania Pouwhare, a women’s rights activist working at the Women’s Resource Centre in London. Their discussion engaged with the professionalisation of activism, funding constraints and New Labour policies and their impact on immigrant women. Against a background of financial insecurity and huge demand for their services, many women’s organisations in the United Kingdom struggle to use human rights law to advance women’s rights. Nevertheless, the rhetoric of (...) human rights remains powerful within women’s activism, and law remains relevant as a potential form of ‘direct action’ and “another way of making a really big fuss”. (shrink)

Picking up the question of what FLaK might be, this editorial considers the relationship between openness and closure in feminist legal studies. How do we draw on feminist struggles for openness in common resources, from security to knowledge, as we inhabit a compromised space in commercial publishing? We think about this first in relation to the content of this issue: on image-based abuse continuums, asylum struggles, trials of protestors, customary justice, and not-so-timely reparations. Our thoughts take us through the different (...) ways that openness and closure work in struggles against violence, cruel welcomes, and re-arrangements of code and custom. Secondly, we share some reflections on methodological openness and closure as the roundtable conversation on asylum, and the interview with Riles, remind us of #FLaK2016 and its method of scattering sources as we think about how best to mix knowledges. Thirdly, prompted by the FLaK kitchen table conversations on openness, publishing and ‘getting the word out’, we respond to Kember’s call to ‘open up open access’. We explain the different current arrangements for opening up FLS content and how green open access, the sharedit initiative, author request and publisher discretion present alternatives to gold open access. Finally drawing on Franklin and Spade, we show how there are a range of ‘wench tactics’—adapting gifts, stalling and resting—which we deploy as academic editors who are trying to have an impact on the access, use and circulation of our journal, even though we do not own the journal we edit. These wench tactics are alternatives to the more obvious or reported tactic of resignation, or withdrawing academic labour from editing and reviewing altogether. They help us think about brewing editorial time, what ambivalence over our 25th birthday might mean, and how to inhabit painful places. In this, we respond in our own impure, compromised way to da Silva’s call not to forget the native and slave as we do FLaK, and repurpose shrapnel, in our common commitments. (shrink)

An incisive exploration of the way Greek myths empower us to defeat tyranny. As tyrannical passions increasingly plague twenty-first-century politics, tales told in ancient Greek epics and tragedies provide a vital antidote. Democracy as a concept did not exist until the Greeks coined the term and tried the experiment, but the idea can be traced to stories that the ancient Greeks told and retold. From the eighth through the fifth centuries BCE, Homeric epics and Athenian tragedies exposed the tyrannical potential (...) of individuals and groups large and small. These stories identified abuses of power as self-defeating. They initiated and fostered a movement away from despotism and toward broader forms of political participation. Following her highly praised book Enraged: Why Violent Times Need Ancient Greek Myths, the classicist Emily Katz Anhalt retells tales from key ancient Greek texts and proceeds to interpret the important message they hold for us today. As she reveals, Homer's Iliad and Odyssey, Aeschylus's Oresteia, and Sophocles's Antigone encourage us—as they encouraged the ancient Greeks—to take responsibility for our own choices and their consequences. These stories emphasize the responsibilities that come with power (any power, whether derived from birth, wealth, personal talents, or numerical advantage), reminding us that the powerful and the powerless alike have obligations to each other. They assist us in restraining destructive passions and balancing tribal allegiances with civic responsibilities. They empower us to resist the tyrannical impulses not only of others but also in ourselves. In an era of political polarization, Embattled demonstrates that if we seek to eradicate tyranny in all its toxic forms, ancient Greek epics and tragedies can point the way. (shrink)

About half of the undergraduate and roughly 40 percent of graduate degree recipients in science and engineering are women. As increasing numbers of these women pursue research careers in science, many who choose to have children discover the unique difficulties of balancing a professional life in these highly competitive (and often male-dominated) fields with the demands of motherhood. Although this issue directly affects the career advancement of women scientists, it is rarely discussed as a professional concern, leaving individuals to face (...) the dilemma on their own. To address this obvious but unacknowledged crisis—the elephant in the laboratory, according to one scientist—Emily Monosson, an independent toxicologist, has brought together 34 women scientists from overlapping generations and several fields of research—including physics, chemistry, geography, paleontology, and ecology, among others—to share their experiences. From women who began their careers in the 1970s and brought their newborns to work, breastfeeding them under ponchos, to graduate students today, the authors of the candid essays written for this groundbreaking volume reveal a range of career choices: the authors work part-time and full-time; they opt out and then opt back in; they become entrepreneurs and job share; they teach high school and have achieved tenure. The personal stories that comprise Motherhood, the Elephant in the Laboratory not only show the many ways in which women can successfully combine motherhood and a career in science but also address and redefine what it means to be a successful scientist. These valuable narratives encourage institutions of higher education and scientific research to accommodate the needs of scientists who decide to have children. (shrink)

Play is a vital component of the social life and well-being of both children and adults. This book examines the concept of play and considers a variety of the related philosophical issues. It also includes meta-analyses from a range of philosophers and theorists, as well as an exploration of some key applied ethical considerations. The main objective of The Philosophy of Play is to provide a richer understanding of the concept and nature of play and its relation to human life (...) and values, and to build disciplinary and paradigmatic bridges between scholars of philosophy and scholars of play. Including specific chapters dedicated to children and play, and exploring the work of key thinkers such as Plato, Sartre, Wittgenstein, Gadamer, Deleuze and Nietzsche, this book is invaluable reading for any advanced student, researcher or practitioner with an interest in education, playwork, leisure studies, applied ethics or the philosophy of sport. (shrink)

_Philosophers consider race and racism from the perspective of lived, bodily experience._.

Research on the specific features of daydreaming compared with mind-wandering and night dreaming is a neglected topic in the philosophy of mind and the cognitive neuroscience of spontaneous thought. The extant research either conflates daydreaming with mind-wandering (whether understood as task-unrelated thought, unguided attention, or disunified thought), characterizes daydreaming as opposed to mind-wandering (Dorsch, 2015), or takes daydreaming to encompass any and all “imagined events” (Newby-Clark & Thavendran, 2018). These dueling definitions obstruct future research on spontaneous thought, and are insufficiently (...) precise to guide empirical studies. They also fail to illuminate the phenomenal core of daydreaming, namely, its dreamlike qualities. Although daydreaming is related to both mind-wandering and narrative imagination, it is not reducible to either. We argue that daydreams are experiences of spontaneous, immersive imagination in the waking state. The main task of our investigation is to distinguish daydreaming, conceptually and phenomenologically, from mind-wandering, on the one hand, and night dreaming, on the other. Although daydream experiences can vary widely, we distinguish prototypical experiences of daydreaming from adjacent imaginative activity, including fleeting imagery and “focused daydreaming,” or crafted visualization. We consider our phenomenological analysis as preparatory work for conceptually distinguishing different spontaneous and imaginative states so that they can be investigated accordingly with questionnaires and qualitative methods. We argue that precision about the phenomenal character of daydreaming can guide neurophenomenological investigations, help delimit studies on individual variance in daydreaming features, and identify differences among daydreaming, mind-wandering, and night dreaming conceptually and phenomenologically, and possibly eventually in terms of neural correlates. (shrink)

Emily Elizabeth Constance Jones was an English logician and contemporary of Bertrand Russell, as well as Mistress of Girton College, Cambridge. In this book, originally published in 1911, she argues for the existence of another fundamental law of thought to join the Law of Contradiction and the Law of Excluded Middle: the Law of Significant Assertion. This book will be of value to anyone with an interest in logic or in Jones' work.

Incomplete Archaeologies takes a familiar archaeological concept--assemblages--and reconsiders such groupings, collections and sets of things from the perspective of the work required to assemble them. The discussions presented here engage with the practices of collection, construction, performance and creation in the past (and present) which constitute the things and groups of things studied by archaeologists--and examine as well how these things and thing-groups are dismantled, rearranged, and even destroyed, only to be rebuilt and recreated. The ultimate aim is to reassert (...) an awareness of the incompleteness of assemblage, and thus the importance of practices of assembling (whether they seem at first creative or destructive) for understanding social life in the past as well as the present. The individual chapters represent critical engagements with this aim by archaeologists presenting a broad scope of case studies from Eurasia and the Mediterranean. Case studies include discussions of mortuary practice from numerous angles, the sociopolitics of metallurgy, human-animal relationships, landscape and memory, the assembly of political subjectivity and the curation of sovereignty. These studies emphasise the incomplete and ongoing nature of social action in the past, and stress the critical significance of a deeper understanding of formation processes as well as contextual archaeologies to practices of archaeology, museology, art history, and other related disciplines. Contributors challenge archaeologists and others to think past the objects in the assemblage to the practices of assembling, enabling us to consider not only plural modes of interacting with and perceiving things, spaces, human bodies and temporalities in the past, but also to perhaps discover alternate modes of framing these interactions and relationships in our analyses. Ultimately then, Incomplete Archaeologies takes aim at the perceived totality not only of assemblages of artefacts on shelves and desks, but also that of some of archaeology's seeming-seamless epistemological objects"--From publisher's website. (shrink)

Exploring the intimate tie between body movement and space and time, Lee begins with the position that body movement generates space and time and explores the ethical implications of this responsibility for the situations one’s body movements generate. Whiteness theory has come to recognize the ethical responsibility for situations not of one’s own making and hence accountability for the results of more than one’s immediate personal conscious decisions. Because of our specific history, whites have developed a particular embodiment and body (...) movement that generates places that can only be characterized as more comfortable and more enabling to whites. (shrink)

Recent work in the philosophy of emotion focuses on challenging dualistic conceptualizations. Three of the most obvious dualisms are the following: 1. emotion opposes reason; 2. emotion is subjective, while reason is objective; 3. emotion lies internal to the subject, while reason is external. With challenges to these dualisms, one of the more interesting questions that has surfaced is the idea of emotional appropriateness in a particular context. Here, consider a widely held belief in the United States associates racialized groups (...) with specific emotions—most notably African American women with anger. Clearly these emotional attributions are essentialistic--and hence racist. But this response is too easy. The acknowledgement that emotion lies both internally in the subject and externally in the world opens the possibility of attributing an emotional temperament to a population group. Yet if an identity group has an emotional temperament, can they be accountable for emotionally appropriate behavior? (shrink)

Dreamland of humanists -- Culture, commerce, and the city -- Warburg's Renaissance and the things in between -- University as "gateway to the world" -- Warburg, Cassirer, and the conditions of reason -- Socrates in Hamburg? Panofsky and the economics of scholarship -- Iconology and the Hamburg school -- Private Jews, public Germans -- Cassirer's cosmopolitan nationalism -- The enlightened rector and the politics of enlightenment -- The Hamburg America line: exiles as exports -- Epilogue: Nachleben of an idea.

We argued in a recent issue of this journal that if abortion is restricted,1 then there are parallel obligations for parents to donate body parts to their children. The strength of this obligation to donate is proportional to the strength of the abortion restrictions. If abortion is never permissible, then a parent must always donate any organ if they are a match. If abortion is sometimes permissible and sometimes not, then organ donation is sometimes obligatory and sometimes not. Our argument (...) was based on the following ideas: (a) that a fetus has full moral status, (b) that parents have special obligations to their offspring, fetus or not, and (c) that this special obligation is to protect them. The result is the conclusion that abortion restrictivists cannot also consistently deny that organ donation should be compulsory. (shrink)

In Living for Pleasure, philosopher Emily Austin offers a lively, jargon-free tour of Epicurean strategies for diminishing anxiety, achieving satisfaction, and relishing joys.

In this thoughtful and provocative work, scholar Emily Herman explores the ideas of two of the most important philosophers of the 20th century and their relevance to Christian thought. From the concept of time to the nature of human existence, this book offers important insights into some of the most pressing questions of our time. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This (...) work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

The laws of nature have come a long way since the time of Newton: quantum mechanics and relativity have given us good reasons to take seriously the possibility of laws which may be non-local, atemporal, ‘all-at-once,’ retrocausal, or in some other way not well-suited to the standard dynamical time evolution paradigm. Laws of this kind can be accommodated within a Humean approach to lawhood, but many extant non-Humean approaches face significant challenges when we try to apply them to laws outside (...) the time evolution picture. Thus for proponents of non-Humean approaches to lawhood there is a clear need for a novel non-Humean account which is capable of accommodating these sorts of laws. In this paper we propose such an account, characterizing lawhood in terms of constraints, which are understood as a form of modal structure. We demonstrate that our proposed realist account can indeed accommodate a large variety of laws outside the time evolution paradigm, and describe some possible applications to important philosophical problems. (shrink)

Dementia patients in the moderate-late stage of the disease can, and often do, express different preferences than they did at the onset of their condition. The received view in the philosophical literature argues that advance directives which prioritize the patient’s preferences at onset ought to be given decisive moral weight in medical decision-making. Clinical practice, on the other hand, favors giving moral weight to the preferences expressed by dementia patients after onset. The purpose of this article is to show that (...) the received view in the philosophical literature is inadequate and is out of touch with real clinical practice. I argue that having dementia is a cognitive transformative experience and that preference changes which result from this are legitimate and ought to be given moral weight in medical decision-making. This argument ought to encourage us to reduce our confidence in the moral weight of advance directives for dementia patients. (shrink)

Concepts like testimonial injustice (Fricker, 2007) and testimonial violence (Dotson, 2011) articulate that marginalized epistemic agents are unjustly undermined as testifiers when dominant agents cannot or will not hear, understand, or believe their testimony. This paper turns attention away from these constraints on uptake, and towards pragmatic, social, and political constraints on how dominant audiences receive and react to testimony. I argue that these constraints can also be sources of testimonial injustice and epistemic violence. Specifically, I explore a kind of (...) injustice that I call testimonial withdrawal, which occurs when a would-be speaker chooses to remain silent because they know or reasonably expect that there is pragmatic risk associated with speaking, given their unjust marginalization. I argue that this unjustly undermines epistemic agency, and that expanding Fricker and Dotson’s umbrella concepts to accommodate this idea results in a better understanding of the moral and epistemic contours of both testimonial withdrawal and these broader categories. (shrink)

The concept of self-gaslighting has recently become prevalent in popular discourse but has yet to be subjected to detailed philosophical analysis. In this paper, I examine one context in which self-gaslighting is often discussed: situations in which someone has experienced trauma. I argue that the phenomenon currently described as self-gaslighting fails to display core features of manipulative gaslighting and that therefore we should seek other conceptual resources for understanding such cases. I suggest that self-gaslighting, at least in some paradigmatic cases, (...) amounts to either extremely successful interpersonal gaslighting or to internalized oppression. Utilizing these concepts instead of self-gaslighting avoids conceptual difficulties and also has a significant practical payoff. By moving away from the language of self-gaslighting we can move away from feelings of self-blame that so often accompany trauma. (shrink)

Relational quantum mechanics (RQM) is an interpretation of quantum mechanics based on the idea that quantum states do not describe an absolute property of a system but rather a relationship between systems. There have recently been some criticisms of RQM pertaining to issues around intersubjectivity. In this article, we show how RQM can address these criticisms by adding a new postulate which requires that all of the information possessed by a certain observer is stored in physical variables of that observer (...) and thus is accessible by measurement to other observers. This makes it possible for observers to reach intersubjective agreement about quantum events that have occurred in the past. We suggest a possible ontology for a version of RQM employing this postulate; this ontology upholds the principle that quantum states are always relational, but it also postulates a set of quantum events that are not strictly relational. We show that the new postulate helps address the preferred basis problem in RQM. (shrink)

Dubljević and company’s proposed approach for incorporating a socio-political perspective into neuroethics has clear potential to help mitigate the effects of research ‘hype’ relating to neuroethics. Their approach serves as a social regulation meant to improve the realizability of neuroethics research. Drawing on Dubljević et al. s suggestion, we consider how incorporating a socio-political perspective in other scientific disciplines could help the scientific community as a whole move beyond the infamous ‘reproducibility crisis’ in science. The reproducibility crisis is a concern (...) in science stemming from the revelation that most scientific results are difficult, or impossible, to replicate (Frias-Navarro et al., 2020). By applying the four principles proposed by Dubljević et al., the scientific community can avoid many of the pitfalls that have led to the reproducibility crisis, such as the file drawer effect, a publication bias preventing negative results from being published, or the publish-or-perish culture - the pressure for scientists to publish highly influential papers in high impact journals in order to keep their funding (Rosenthal, 1979; Begley & Ioannidis, 2015). As such, we argue that, in its final form, this socio-political framework begs for true open science, wherein systematically sharing data would enable enlightened policymaking by showing a picture closer to the ground-level realities of scientific research. (shrink)

International law codifies the principle of non-combatant immunity, which traces its origins to a religiously supported moral imperative. The principle of non-combatant immunity has evolved to become a crucial underpinning of just war theory. Western societal norms have complicated our understanding and application of the principle of non-combatant immunity by depicting combatancy in terms of innocence and guilt: those viewed as innocent deserve legal protection. Child soldiers and female suicide bombers exemplify today's complex and expanding parameters of combat. Consequently, in (...) practice, authorities in conflict zones cannot rely on existing legal distinctions; instead, they are forced to make subjective judgements when deciding whom to protect. This article calls for a critical evaluation of: existing legal definitions concerning non-combatants; how conceptions of combatancy are applied in protective policy and humanitarian evacuation; and the resulting consequences and policy implications. (shrink)

Experiments are commonly thought to have epistemic privilege over simulations. Two ideas underpin this belief: first, experiments generate greater inferential power than simulations, and second, simulations cannot surprise us the way experiments can. In this article I argue that neither of these claims is true of experiments versus simulations in general. We should give up the common practice of resting in-principle judgments about the epistemic value of cases of scientific inquiry on whether we classify those cases as experiments or simulations, (...) per se. To the extent that either methodology puts researchers in a privileged epistemic position, this is context sensitive. (shrink)

Any successful interpretation of quantum mechanics must explain how our empirical evidence allows us to come to know about quantum mechanics. In this article, we argue that this vital criterion is not met by the class of ‘orthodox interpretations,’ which includes QBism, neo-Copenhagen interpretations, and some versions of relational quantum mechanics. We demonstrate that intersubjectivity fails in radical ways in these approaches, and we explain why intersubjectivity matters for empirical confirmation. We take a detailed look at the way in which (...) belief-updating might work in the kind of universe postulated by an orthodox interpretation, and argue that observers in such a universe are unable to escape their own perspective in order to learn about the structure of the set of perspectives that is supposed to make up reality according to these interpretations. We also argue that in some versions of these interpretations it is not even possible to use one’s own relative frequencies for empirical confirmation. Ultimately we conclude that it cannot be rational to believe these sorts of interpretations unless they are supplemented with some observer-independent structure which underwrites intersubjective agreement in at least certain sorts of cases. (shrink)

There has long been a curious fascination with eyes and mirrors as evident throughout art, film, and literature. From fantastical characters who shoot lasers from their eyes to those whose memories are altered visually, the way in which a story portrays the function of the eyes demonstrates the way the storyteller imagines the character's relationship to the world. Is the character powerful or powerless? Does she impact her world or is she impacted by that world? The storyteller's portrayal of vision (...) answers those questions and reveals deeper assumptions about the individual and her ability to move within and to know her world. While eyes are associated with interacting with this world, mirrors are distinctly associated with interacting with some other world. Mirrors function as portals to other worlds, windows that glimpse an alternate reality, or harmful traps that hide sinister intentions. How an author portrays eyes reveals how she understands the world, while how she portrays mirrors reveals how she imagines the unknown. (shrink)