Gender and Oppression

This paper reconsiders Tommie Shelby's (2016) analysis of procreation in poor black communities. I identify three conceptual frames within which Shelby situates his analysis—feminization, choice-as-control, and moralization. I argue that these frames should be rejected on conceptual, empirical, and moral grounds. As I show, this framing engenders a flawed understanding of poor black women's procreative lives. I propose an alternative framework for reconceiving the relationship between poverty and procreative justice, one oriented around reproductive flourishing instead of reproductive responsibility. More generally, (...) the paper develops a methodological challenge for nonideal moral and political philosophy, especially concerning the obligations of the oppressed. Specifically, I argue that in the absence of descriptive and conceptual accountability, the "moral gaze" of the philosopher risks preserving, rather than destabilizing, oppressive ideologies. (shrink)

In this paper, I articulate two Hobbesian models of interpersonal power relations that can be used to understand gender relations in society: what I will call the dominion model and the deference model. The dominion model discerns vertical subjection to another's will, whereas by contrast the deference model places individuals in a complex and shifting webs of favor and disfavor. Hobbes himself analyses gender relations through the dominion model. Indeed, more broadly this is the most prominent model of interpersonal power (...) relations throughout his texts. It is this model which is also reflected in the very rich existing feminist literature on Hobbes. However, the deference model, emerging only late in Hobbes's oeuvre, offers a superior general rubric for understanding interpersonal power relations. In particular, in light of its ability to grasp informal and diffuse relations of power, I argue that it offers useful insights for thinking about gender relations in our post-coverture era. (shrink)

Women continue to be in charge of most childrearing; men continue to be responsible for most breadwinning. There is no consensus on whether this state of affairs, and the informal norms that encourage it, are matters of justice to be tackled by state action. Feminists have criticized political liberalism for its alleged inability to embrace a full feminist agenda, inability explained by political liberals’ commitment to the ideal of state neutrality. The debate continues on whether neutral states can accommodate two (...) feminist demands: to enact policies aimed at dismantling the feminization of caregiving, especially childrearing, and to compensate women for some of the disadvantages they incur by being primary care-givers. I contribute to this debate with three arguments in support of policies meant to de-gender care-giving and compensate care-givers. The first appeals to equality of opportunity to positions of advantage and justifies policies that prevent or mitigate statistical discrimination and implicit biases. The second draws attention to a possible causal relationship between the specialization of women in early childcare and misogyny; since the latter is incompatible with political liberal justice, it yields the conclusion that political liberals ought to further investigate the causal hypothesis with the aim of establishing or refuting it. The third argument concludes that legitimate childrearing prohibits adults from socializing children or, at least girls, into gender norms; it justifies duties of justice on the side of parents, educators, and economic agents, and state policies meant to offset foreseeable breaches of some of these duties. (shrink)

What can we do—and what should we do—to fight against bias? This final chapter introduces empirically-tested interventions for combating implicit (and explicit) bias and promoting a fairer world, from small daily-life debiasing tricks to larger structural interventions. Along the way, this chapter raises a range of moral, political, and strategic questions about these interventions. This chapter further stresses the importance of admitting that we don’t have all the answers. We should be humble about how much we still don’t know and (...) dedicate efforts to gathering as much knowledge as possible. Even so, we know enough now to start making a difference, and this chapter ultimately aims to chip away at the gap between our abstract commitments to treat people fairly and our lived habits and experiences, which continue to be shaped by implicit and explicit prejudices and stereotypes about race, gender, and other social categories. (shrink)

I claim that hate speech is actually antithetical to free speech. Nevertheless, this claim invokes the misconception that one would be jeopardizing free speech due to a phenomenon known as "false polarization" – a “tendency for disputants to overestimate the extent to which they disagree about whatever contested question is at hand.” The real polarity does not lie between hate speech (as protected free speech) vs. censorship. Rather, hate speech is censorship. It is the censorship of entire sectors of the (...) population, a violation of their right to be heard, and at worse, an incitement to their extinction. The liberal attempt to try to fit the metaphorical 'round peg' of hate speech into the 'square hole' of free speech is impossible without revealing one’s reluctance to endow people of color, the LGBTQ+ community, women, and other socially oppressed/marginalized groups as equal and deserving of full human dignity. I start by providing a clear definition of "hate speech", then rehash the historical political intent of the "freedom of expression" within the US, and finally I illuminate the very concrete social consequences of hate speech. (shrink)

This paper addresses the phenomenological experience of precarity and vulnerability in racialized gender-based violence from a structural perspective. Informed by Indigenous social theory and anti-colonial approaches to intergenerational trauma that link settler colonial violence to the modalities of stress-inducing social, institutional, and cultural violences in marginalized women’s lives, I argue that philosophical failures to understand trauma as a functional, organizational tool of settler colonial violence amplify the impact of traumatic experience on specific populations. It is trauma by design. I explore (...) this through the history of the concept of trauma and its connection to tragedy. I give a brief overview of prominent theories of trauma and contrast these with the work of Indigenous feminist scholar Dian Million (2013), who highlights functional complicity of settler colonial institutions in shaping accounts of trauma in the west. I begin the piece with an important illustration of the kinds of lives and experiences that call for a politicized understanding of trauma in anti-colonial feminist theory. I end by offering an expansive notion of structural trauma that is a methodological pivot for conducting trauma-based gender-based violence research in a decolonial context, which calls for an end to narratives of trauma that are severed from the settler colonial project of Native land dispossession and genocide. (shrink)

Upon Brexit & Trade War, the research took a supply-side analysis in macroeconomic paradigm for the purpose and cause of the actions. In the geopolitical competitions on crude oil resources between the allied powers & the Russian hegemony, the latter of which has effective control over P. R. China’s multilateral behaviors, the external research induced that trade war, either by complete information in intelligence or an unintended result, was a supply chain attack in prohibiting the antisatellite weapon supplies in the (...) Northern regions of mainland China in relation to Russia. Although no substantive change to international relations, the Trade War’s prohibitive effect on the high frequency trading in the monetary domain of CNY was observed, which had been the source of economic bubbles in the import-export control regime with centralized banking. The paper argues that by realism in economy & military strategy, trade war was ineffective in deterring the covert operations of the People’s Liberation Army by their territorial strategies and raises questions in humanitarianism in conflict situations. Moreover, with gross privacy breaches by mass surveillance in domain politics, totalitarianism with coercions, and counterfeit of drone strikes, traditional methods of threat elimination are rendered less pragmatic apart from the adversaries’ cyber security breaches. With the scientific approach, I offer an ecological paradigm with historic analysis of the Chinese military’s conducts in terms economics. The territorial methods of the PLA are contextualized into the ecological paradigm in regionalism & public administration. Electronic combats of the Chinese regime with the Great Firewall and Denial-of-Service attacks not only contribute to the diminishing natural freedoms of the population, but also transgress the fundamental right to health along with non-traditional nuclear threats to P.R.C. itself. (shrink)

In cases of complicity in one’s own unfreedom and in structural injustice, it initially appears that agents are only vicariously responsible for their complicity because of the roles circumstantial and constitutive luck play in bringing about their complicity. By drawing on work from the phenomenological tradition, this paper rejects this conclusion and argues for a new responsive sense of agency and responsibility in cases of complicity. Highlighting the explanatory role of stubbornness in cases of complicity, it is argued that although (...) agents may only be vicariously responsible for becoming complicit, they can be held more directly responsible for entrenching their complicity. The complicit agent is responsible for their complicity to the extent that they fail to take responsibility for it. (shrink)

Structural gaslighting arises when conceptual work functions to obscure the non-accidental connections between structures of oppression and the patterns of harm they produce and license. This paper examines the role that structural gaslighting plays in white feminist methodology and epistemology using Fricker’s (2007) discussion of hermeneutical injustice as an illustration. Fricker’s work produces structural gaslighting through several methods: i) the outright denial of the role that structural oppression plays in producing interpretive harm, ii) the use of single-axis conceptual resources to (...) understand intersectional oppression, and iii) the failure to recognize the legacy of women of color’s epistemic resistance work surrounding the issue of sexual harassment in the workplace. I argue that Fricker’s whitewashed discussion of epistemic resistance to sexual harassment in the United States is a form of structural gaslighting that fails to treat women of color as knowers and exemplifies the strategic forgetting that is a central methodological tactic of white feminism. (shrink)

What is the status of research on implicit bias? In light of meta-analyses revealing ostensibly low average correlations between implicit measures and behavior, as well as various other psychometric concerns, criticism has become ubiquitous. We argue that while there are significant challenges and ample room for improvement, research on the causes, psychological properties, and behavioral effects of implicit bias continues to deserve a role in the sciences of the mind as well as in efforts to understand, and ultimately combat, discrimination (...) and inequality. (shrink)

Creepiness and the emotion of the creeps have been overlooked in the moral philosophy and moral psychology literatures. We argue that the creeps is a morally significant emotion in its own right, and not simply a type of fear, disgust, or anger (though it shares features with those emotions). Reflecting on cases, we defend a novel account of the creeps as felt in response to creepy people. According to our moral insensitivity account, the creeps is fitting just when its object (...) is agential activity that is insensitive to basic moral considerations. When, only when, and insofar as someone is disposed to such insensitivity, they are a creep. Such insensitivity, especially in extreme forms, raises doubts about creeps’ moral agency. We distinguish multiple types of insensitivity, respond to concerns that feeling the creeps is itself objectionable, and conclude with a discussion of epistemic issues relating to the creeps. (shrink)

Using an intersectionalist analysis, Hinther recounts efforts by Canada’s Ukrainian minority to build an ethnically distinct leftist movement. Opposed from without by both left-wing internationalists and right-wing nationalists, and hobbled from within by stubborn gender and generational inequalities, the movement finally lost its radical political momentum and so took up its allotted place in Canada’s polite multicultural mosaic. (Published in the series “Studies in Gender and History,” University of Toronto Press, 2018.).

Kate Manne’s Down Girl: The Logic of Misogyny combines traditional conceptual analysis and feminist conceptual engineering with critical exploration of cases drawn from popular culture and current events in order to produce an ameliorative account of misogyny, i.e., one that will help address the problems of misogyny in the actual world. A feminist account of misogyny that is both intersectional and ameliorative must provide theoretical tools for recognizing misogyny in its many-dimensional forms, as it interacts and overlaps with other oppressions. (...) While Manne thinks subtly about many of the material conditions that create misogyny as a set of normative social practices, she does not fully extend this care to the other intersectional forms of oppression she discusses. After touching on the book’s strengths, I track variations of its main problem, namely, its failure to fully conceive of oppressions besides sexism and misogyny as systemic patterns of social practices, as inherently structural rather than mere collections of individual beliefs and behaviors. (shrink)

How are patriarchal regimes perpetuated and reproduced? Kate Manne’s recent work on misogyny aims to provide an answer to this central question. According to her, misogyny is a property of social environments where women perceived as violating patriarchal norms are ‘kept down’ through hostile reactions coming from men, other women and social structures. In this paper, I argue that Manne’s approach is problematically incomplete. I do so by examining a recent puzzling social phenomenon which I call (post-)feminist backlash: the rise (...) of women-led movements reinstating patriarchal practices in the name of feminism. I focus on the example of ‘raunch feminist’ CAKE parties and argue that their pro-patriarchal dimension cannot be adequately explained by misogyny. I propose instead a different story that emphasizes the continued centrality of gender distinctions in our social normative life, even as gendered social meanings become increasingly contested. This triggers meaning vertigo, a distinct form of social anxiety and the reactionary impulse at the heart of (post)-feminist backlash. Meaning vertigo both complicates the answer to Manne’s main question—“why is misogyny still a thing?”—and suggests the need and opportunity for a different kind of feminist political intervention. (shrink)

Silencing is usually explained in terms of conventionalism about the nature of speech acts. More recently, theorists have tried to develop intentionalist theories of the phenomenon. I argue, however, that if intentionalists are to accommodate the conventionalists' main insight, namely that silencing can be so extreme as to render certain types of speech act completely unavailable to victims, they must take two assumptions on board. First, it must be possible that speakers' communicative intentions are opaque to the speakers themselves. Secondly, (...) it needs to be assumed that structural oppression can have hidden psychological effects on its victims. Since both assumptions can be motivated independently, I argue that silencing can be fully understood without appealing to linguistic conventions. (shrink)

In the 1980s and 1990s, a series of attempts were made to put into U.S. law a civil rights ordinance that would make it possible to sue the makers and distributors of pornography for doing so (under certain conditions). One defence of such legislation has come to be called "the free speech argument against pornography." Philosophers Rae Langton, Jennifer Hornsby and Caroline West have supposed that this defence of the legislation can function as a liberal defence of the legislation: in (...) particular, a defence of the legislation based on the value of women's liberty. This would be somewhat unexpected given MacKinnon's own antipathy toward liberalism. In this paper, I argue that the free speech argument against pornography cannot be used as a liberal defence of the ordinances. The legislation is, to some extent, self-defeating insofar as it understood in terms acceptable to a fairly standard kind of liberal. This becomes apparent when we consider the value pornography can have for women, which we can see if we consider what female makers, distributors and consumers of pornography have to say about why they make, distribute and consume it. (shrink)

This chapter discusses gender in relation to the most influential current accounts of distributive justice. There are various disparities in the benefits and burdens of social cooperation between women and men. Which of these, if any, one identifies as indicative of gender injustice will depend on the theory of distributive justice that one endorses. Theoretical decisions concerning the role of personal responsibility, the goods whose distribution is relevant for justice, and the site of justice - institutions-only or individual behaviour, too (...) - all influence how one thinks about gender justice. (shrink)

The recent spectacular progress in assisted reproductive technologies (ARTs) has resulted in new ethical dilemmas. Though women occupy a central role in the reproductive process, within the ART paradigm, the importance accorded to the embryo commonly surpasses that given to the mother. This commentary questions the increasing tendency to position the embryonic subject in an antagonistic relation with the mother. I examine how the mother’s reproductive autonomy is compromised in relation to that of her embryo and argue in favour of (...) doing away with the subject-object dyad between them, particularly in the contexts of surrogacy and abortion. I also engage with the Surrogacy (Regulation) Bill, 2016. A critical discussion of the privacy judgment passed by the Supreme Court of India helps examine how personal autonomy of the body and mind extends to include the reproductive autonomy of women as well. (shrink)

Hate speech is one of the most important conceptual categories in anti‐oppression politics today; a great deal of energy and political will is devoted to identifying, characterizing, contesting, and penalizing hate speech. However, despite the increasing inclusion of gender identity as a socially salient trait, antipatriarchal politics has largely been absent within this body of scholarship. Figuring out how to properly situate patriarchy‐enforcing speech within the category of hate speech is therefore an important politico‐philosophical project. My aim in this article (...) is twofold: first, I argue that sexist speech, though oppressive, is not hate speech. Second, I argue that misogynistic speech is hate speech, even when it is intradivisional. This is important because recognizing that the concepthate speechapplies to certain forms of patriarchy‐enforcing speech is another step in clarifying what is wrong with the practice, and how bad it is in relation to other abuses. Consequently, this article provides a more nuanced account of the kinds of expressions that can and should count as instances of hate speech. (shrink)

There is a growing trend across North America of women being criminalized for their pregnancy outcomes. Rather than being a series of aberrations resulting from institutional failures, we argue that this trend is part of a colonial strategy of administrative violence aimed at women of color and Native women across Turtle Island. We consider a range of medical and legal practices constituting gender-based administrative violence, and we argue that they are the result of non-accidental and systematic production of population-level harms (...) that cannot be disentangled from the goals of ongoing settler occupation and dispossession of Indigenous lands. While white feminist narratives of gender-based administrative violence in Latin America function to distance the places where such violence occurs from the ‘liberal democratic’ settler nation-states of the U.S. and Canada, we hold that administrative forms of reproductive violence against Latin American women are structurally connected to efforts in the U.S. and Canada to criminalize women of color and Indigenous women for their reproductive outcomes. The purpose of these systemically produced harms is to sustain cultures of gender-based violence in support of settler colonial configurations of power. (shrink)

Crises of forced migration are, unfortunately, nothing new. At the time of the writing of this paper, at least two such crises were in full swing – mass movements from the Middle East and parts of Africa to the E.U., and major movements from Central America to the Southern U.S. border, including movements by large numbers of families and unaccompanied minors. These movements are complex, with multiple causes, and it is always risky to attempt to craft either general policy or (...) philosophical positions in response to salient crises. However, both of these instances do bring to the foreground important questions about the proper purpose and extent of refugee protection as a means of dealing with crises of forced migration. In particular, both of these instances force us to consider what role persecution on the basis of a protected ground – race, religion, nationality, membership in a particular social group, or political opinion – ought to play in granting refugee protection, and whether our response to those in danger should change if the agents of persecution are non-state actors. This paper is not primarily about the problems arising from Syria or Central America. In a way similar to how hard cases make bad law, I contend that a too central focus on salient crises tends to lead to bad theory and often to bad general policy. However, if I am successful in my goal of clarifying the place of persecution and non-state action in refugee protection, then we may in turn be better able to think clearly about our current crisis situations. -/- In this paper I will first draw on my previous work on the normative logic of the refugee convention to argue that, while persecution should play an important, and even central, role in our thinking about refugees, this importance is shallow and pragmatic rather than deep and fundamental. Next, I will show how this conclusion supports the claim that harms amounting to persecution by non-state actors may ground an asylum claim, at least in some cases, both when the state is unwilling and when it is unable to protect its members. I consider two cases: first, instances where the authority and power of the state has been usurped by another power, and second, when the state has (implicitly or explicitly) delegated its power or authority to non-state actors. I will show how this leads to extending asylum to a broader range of people than traditional accounts would. -/- (To download this paper, please use the link from SSRN below.). (shrink)

This study examines the representations of male and female social actors in selected Iranian EFL (English as a Foreign Language) textbooks. It is grounded in Critical Discourse Analysis and uses van Leeuwen’s Social Actor Network Model to analyze social actor representations in the gendered discourses of compulsory heterosexuality. Findings from the analysis show that the representations endorse the discourse of compulsory heterosexuality which is an institutionalized form of social practice in Iran. Three male and three female students were interviewed to (...) find out what they think about these representations. Their responses with regard to whether they think textbooks should also include representations of other forms of sexuality were non-committal and vague. To them LGBT people are the ‘‘Other’’ practicing a form of sexuality that is not normal. Such exclusions could obscure the reality regarding the existence of such gender identities and represent the world in a particular manner. (shrink)

This research investigates the representations of gendered social actors within the subversionary discourse of equal educational opportunities for males and females in Iranian English as a Foreign Language (EFL) books. Using critical discourse analysis (CDA) as the theoretical framework, the authors blend van Leeuwen’s (Texts and practices: Readings in critical discourse analysis, Routledge, London, 2003) ‘Social Actor Network Model’ and Sunderland’s (Gendered discourses, Palgrave Macmillan, Hampshire, 2004) ‘Gendered Discourses Model’ in order to examine the depictions of male and female social (...) actors within this gendered discourse. The gendered discourse of equal opportunities was buttressed by such representations within a tight perspective in proportion to gender ideologies prevailing in Iran. Resorting to CDA, we can claim that resistance against such gendered discourse in Iranian EFL textbooks militates against such gender norms. These representations of male and female social actors in school books are indicative of an all-encompassing education, reinforcing that the discourse of equal opportunities is yet to be realized in the education system of Iran. (shrink)

Motivated by a conviction that mass incarceration and state execution are among the most important ethical and political problems of our time, the contributors to this volume come together from a diverse range of backgrounds to analyze, critique, and envision alternatives to the injustices of the U.S. prison system, with recourse to deconstruction, phenomenology, critical race theory, feminism, queer theory, and disability studies. They engage with the hyper-incarceration of people of color, the incomplete abolition of slavery, the exploitation of prisoners (...) as workers and as "raw material" for the prison industrial complex, the intensive confinement of prisoners in supermax units, and the complexities of capital punishment in an age of abolition. -/- Contents -/- Introduction: Death and Other Penalties Geoffrey Adelsberg, Lisa Guenther, and Scott Zeman -/- Part I. Legacies of Slavery -/- Excavating the Sedimentations of Slavery: The Unfinished Project of American Abolition Brady Heiner -/- From Commodity Fetishism to Prison Fetishism: Slavery, Convict-leasing, and the Ideological Productions of Incarceration James Manos -/- Maroon Philosophy: An Interview with Russell Maroon Shoatz Russell Maroon Shoatz -/- Part II. Death Penalties -/- In Reality-from the Row Derrick Quintero -/- Inheritances of the Death Penalty: American Racism and Derrida's Theologico-Political Sovereignty Geoffrey Adelsberg -/- Making Death a Penalty: Or, Making "Good" Death a "Good" Penalty Kelly Oliver -/- Death Penalty Abolition in Neoliberal Times: The SAFE California Act and the Nexus of Savings and Security Andrew Dilts -/- On the Inviolability of Human Life Julia Kristeva (translated by Lisa Walsh) -/- Part III. Rethinking Power and Responsibility -/- Punishment, Desert, and Equality: A Levinasian Analysis Benjamin S. Yost -/- Prisons and Palliative Politics Ami Harbin -/- Sovereignty, Community, and the Incarceration of Immigrants Matt S. Whitt -/- Without the Right to Exist: Mass Incarceration and National Security Andrea Smith -/- Prison Abolition and a Culture of Sexual Difference Sarah Tyson -/- Part IV. Isolation and Resistance -/- Statement on Solitary Confinement Abu Ali Abdur'Rahman -/- The Violence of the Supermax: Toward a Phenomenological Aesthetics of Prison Space Adrian Switzer -/- Prison and the Subject of Resistance: A Levinasian Inquiry Shokoufeh Sakhi -/- Critical Theory, Queer Resistance, and the Ends of Capture Liat Ben-Moshe, Che Gossett, Nick Mitchell, and Eric A. Stanley. (shrink)

This paper investigates the interaction of gender, disability and education in rural Iran, which is a relatively unexplored field of research. The responses of 10 female students with disabilities from Isfahan indicated that the obstacles they faced included marginalization, difficulties in getting from home to school, difficulties within the school building itself, and discrimination by teachers, classmates and school authorities. The data collected for the study contain a wide range of conservative gendered discourses, and show how traditional gender beliefs interact (...) with disability to aggravate the problems faced in education by young women with disabilities. It is hoped that the findings will raise awareness among policy-makers of the many formidable obstacles that make it difficult for young women with disabilities to achieve their full potential in education. (shrink)

There has been a significant amount of research, from a variety of disciplines, targeting the nature and political status of human categories such as woman, man, Black, and Latino. The result is a tangle of concepts and distinctions that often obscure more than clarify the subject matter. This incentivizes the creation of fresh terms and distinctions that might disentangle the old, but too often these efforts just add to the snarl. The process iterates, miscommunication becomes standard, and insufficiently vetted concepts (...) can gain central theoretical status. Over the last two decades, Sally Haslanger ’s work in this area – conveniently consolidated in the volume “Resisting Reality: Social construction and social critique” – has been a much needed corrective to this process; Haslanger ’s terms and distinctions really do disentangle. This review organizes and explicates central themes from Haslanger ’s volume. It then offers some critical comments, arguing that some of Haslanger ’s distinctions and proposals are less successful than others. (shrink)

Martha Nussbaum grounds her version of the capabilities approach in political liberalism. In this paper, we argue that the capabilities approach, insofar as it genuinely values the things that persons can actually do and be, must be grounded in a hybrid account of liberalism: in order to show respect for adults, its justification must be political; in order to show respect for children, however, its implementation must include a commitment to comprehensive autonomy, one that ensures that children develop the skills (...) necessary to make meaningful choices about whether or not to exercise their basic capabilities. Importantly, in order to show respect for parents who do not necessarily recognize autonomy as a value, we argue that the liberal state, via its system of public education, should take on the role of ensuring that all children within the state develop a sufficient degree of comprehensive autonomy. (shrink)

Both liberals and feminists have long criticized the paternalistic approach to prostitution found in most jurisdictions in the U.S. In his recent book Prostitution and Liberalism, Peter de Marneffe defends just such an intervention, arguing that the demonstrated harmfulness of a life of prostitution justifies paternalistic policies aimed at reducing the number of women who are involved in it. Although de Marneffe does not endorse the prohibitionist approach typical in the U.S., he argues that the best reasons for alternative approaches (...) to the practice (including some forms of regulated legalization) are necessarily paternalistic. In my paper, I question de Marneffe’s contention that the strongest reasons for state intervention with regard to prostitution are paternalistic in nature. I argue that reasonable state action toward prostitution is best understood not as a paternalistic intervention to remedy some moral or epistemological failure on the part of prostitutes, but rather as an attempt to advance the interests of vulnerable parties more generally concerning what they reasonably desire but could not otherwise ensure. I further argue that such an approach might favor abolitionist over regulatory policies, depending upon how the vulnerable class is defined. (shrink)

This article explores two related widespread mistakes in thinking about sexual harassment. One is a mistake made by philosophers doing philosophical work on the topic of sexual harassment: an excessive focus on attempting to define the term ‘sexual harassment’. This is a perfectly legitimate topic for discussion and indeed a necessary one, but its dominance of the literature has tended to prevent philosophers from adequately exploring other topics that are of at least equal importance, particularly that of bystanders' responsibilities. The (...) other mistake is one made not just by philosophers but by most people attempting to deal with real-world behaviour that is either sexual harassment or closely related to sexual harassment: an excessive focus on whether or not formal charges of sexual harassment are possible or appropriate. (This is clearly related to the first mistake in that a part of deciding whether charges are appropriate is deciding whether the behaviour meets the definition of sexual harassment.) I argue that these are not merely unfortunate errors in attempting to conceptualise certain problematic behaviours; they have extremely damaging real world effects. (shrink)

Following the successful campaign to have the burqa and niqab banned from public use in France, and the continuing advocacy to have these garments banned in other Western liberal societies, I examine whether the two strongest challenges to the burqa and niqab succeed in justifying a ban on these forms of veil. Although I argue that they both fail in supporting a ban, the fact that some Muslim women may be coerced into full veiling gives liberal states a moral duty (...) to interfere. In the light of this, I propose a comprehensive approach, which is better suited to ensure that the necessary conditions are in place for Muslim women to be the authors of their own lives. (shrink)

According to recent empirical studies, much, if not all, of the gender wage gap is attributable to individual choice. Women tend to choose lower-paying jobs and to prioritize family over career while men tend to do the opposite. This has led some policymakers to conclude that the gender wage gap does not require rectification. Although feminists have typically responded by refuting the empirical claim, I argue in this essay that they should also refute the normative claim. In particular, individual choice (...) does not exonerate the gender wage gap if the options from which women and men choose are biased in favor of men. Yet, despite extensive research on individual choice, virtually no attention has been paid to the effect of the state’s choice of regulatory regime on the gender wage gap. Inthis essay, I suggest some of the mechanisms—e.g., licensing laws and scope of practice restrictions—that could potentially bias wages in favor of men. (shrink)

Martha Nussbaum endorses a kind of humanist feminism, which (for her) involves articulating the notion of human being as a normative ethical concept: once this normative concept is articulated, it can be employed to pick out those modes of treating women that are inappropriate with the view to developing corrective public policies. Contra Nussbaum, Louise Antony argues that human being cannot be defined in a normative sense. For Antony, the only plausible human universals are biological or genetic traits, which lack (...) the required ethical component. This, in Antony’s view, undermines humanist feminism because the prospects of cashing out an ethically normative concept of human being are not good. However, I argue this doesn’t undercut humanist feminism. Instead, feminists can single out inappropriate modes of treating women by developing a politically useful notion of dehumanization. My strategy takes rape to be a paradigm case of dehumanizing treatment and examines what key features make it dehumanizing. These key features, then, can be used to develop a general account of dehumanization. (shrink)

Pragmatist philosopher John Dewey famously stated that man is a creature of habit, and not of reason or instinct. In this paper, I will assess Dewey’s explication of the habituated self and the potential it holds for radical transformative processes. In particular, I will examine the process of coming to feminist consciousness, and will show that a feminist-pragmatist reading of change can accommodate a view of the self as responsible agent. Following the elucidation of the changing self, I will appraise (...) key pragmatist concepts of inquiry, such as doubt and self-reflexivity, with regard to their treatment of deep-seated internalisations of oppressive norms and the initiation of change. Ultimately, I will argue that a feminist-pragmatist understanding of transformation is conducive not only to the project of personal transformation, but also to social and political change more generally. (shrink)

Over the last several years asylum cases relating to activities of criminal gangs have greatly increased in frequency. Cases involving Central American gangs, the so-called maras, have attracted the most attention but similar cases have arisen out of South Eastern and Eastern Europe as well. Applicants in such cases face a number of difficulties as their cases do not fit into paradigm categories for asylum claims. These cases almost always involve non-state actors, for example, acting for reasons that are not, (...) at least at first glance, clearly political. Additionally, the reasons why gangs target particular individuals often do not obviously fit into one of the traditional protected grounds. If applicants fleeing gang activity are to successfully apply for asylum they will have to overcome these apparent difficulties. In this paper, a contribution to the University of Memphis Law Review Spring Symposium on immigration reform, I break down gang-related asylum claims into three main categories and show how at least some cases in each category fit within the area set out for protection by asylum and refugee law. I briefly discuss a conceptual framework which explains how some gang-related cases should be seen as falling in the area that asylum law seeks to protect (thereby providing a concrete example of the sort of protection that I claim in my dissertation refugee law is meant to provide) and give advice to practitioners about how to formulate meritorious claims. (shrink)

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.

Chenyang Li argues, in an article originally published in Hypatia, that the ethics of care and Confucian ethics constitute similar approaches to ethics. The present paper takes issue with this claim. It is more accurate to view Confucian ethics as a kind of virtue ethics, rather than as a kind of care ethics. In the process of criticizing Li's claim, the distinctiveness of care ethics is defended, against attempts to assimilate it to virtue ethics.

At the center of the hate speech controversy is the question whether it constitutes conduct. If hate speech is not conduct, then restricting it runs counter to free speech. But even if it could be shown that it is a kind of conduct, complicated questions arise. Does it necessarily follow that we restrict speech? Practically speaking, can speech even be restricted, either through new legislation or the enforcement of existing laws regulating conduct? Are measures such as hate crimes legislation both (...) useful and appropriate in protecting individuals and groups from violence? The present paper aims to address these questions by reconstructing and assessing Judith Butler’s important treatment of speech-acts and hate speech in her book Excitable Speech: The Politics of the Performative. (shrink)