Recent defenses of same-sex marriage and polygamy have invoked the liberal doctrines of neutrality and public reason. Such reasoning is generally sound but does not go far enough. This paper traces the full implications of political liberalism for marriage. I argue that the constraints of public reason, applied to marriage law, entail ‘minimal marriage’, the most extensive set of state-determined restrictions on marriage compatible with political liberalism. Minimal marriage sets no principled restrictions on the sex or number of spouses and (...) the nature and purpose of their caring relationships, nor on which marital rights are exchanged, and whether they are exchanged reciprocally or asymmetrically. Minimal marriage supports adult care networks, urban tribes, friendships, and other forms of relationships as well as ‘traditional’ marriages. I provide a publically justifiable rationale for a legal framework supporting non-dependent caring relationships between adults. The argument is that caring relationships are primary goods, and that liberal justice accordingly requires legal frameworks supporting caring relationships. Minimal marriage is one such framework. (shrink)

Feminists have long been aware of the pathology and the dangers of what are now termed “adaptive preferences.” Adaptive preferences are preferences formed in unconscious response to oppression. Thinkers from each wave of feminism continue to confront the problem of women's internalization of their own oppression, that is, the problem of women forming their preferences within the confining and deforming space that patriarchy provides. All preferences are, in fact, formed in response to a limited set of options, but not all (...) preferences are unconscious, pathological responses to oppression. Feminist theory therefore requires a method for distinguishing all preferences from adaptive or deformed preferences. Social contract theory provides such a tool. Social contract theory models autonomous preference-acquisition and retention at both the external level of causation and the internal level of justification. In doing so, social contract theory exposes preferences that do not meet those standards, acting as both a conceptual test that identifies adaptive preferences and as a practical tool for personal and social clarification. A social contract approach helps persons and societies to identify and to confront preferences rooted in unconscious response to oppression. (shrink)

Although the problem of adaptiveness plays an important motivating role in her work on human capabilities, Martha Nussbaum never gives a clear account of the controversial concept of adaptive preferences on which she relies. In this paper, I aim both to reconstruct the most plausible account of the concept that may be attributed to Nussbaum and to provide a critical appraisal of that account. Although her broader work on the capabilities approach moves progressively towards political liberalism as time passes, I (...) aim to show that her account of adaptive preferences continues to maintain her earlier commitment to perfectionism about the good. I then distinguish between two obligatory kinds of respect for persons, which I call, respectively, primary and secondary recognition respect. This distinction allows us to see that her perfectionist account of adaptive preferences allows her to show persons primary but not secondary recognition respect. Ultimately, I claim that an acceptable account of adaptive prefer.. (shrink)

Accounts of adaptive preferences are of two kinds: well-being accounts fully theorized for their own sake and political accounts theorized to facilitate the political project of reducing oppression and marginalization. Given their practical role, the latter are often less fully theorized, and are therefore less robust to theoretical criticism. In this paper, I first draw on well-being accounts to identify the well-theorized elements that political accounts should want to adopt in order to strengthen their project and avoid common criticisms. Second, (...) I appeal to the political project to show the shortcomings of the well-being accounts on which I draw. (shrink)

At the center of many critiques of liberalism is liberal neutrality, which is attacked on two fronts. First, it is argued that neutrality yields a restrictive sphere of public reason. Contentious views—like those endorsed by citizens with marginalized comprehensive doctrines—are outlawed from public consideration. Second, state policies must have neutral effects, lest they differentially impact those with unpopular views. Contentious state actions—like those endorsed by citizens with marginalized moral views—are outlawed from implementation. It is this combination of demands for neutrality (...) at the individual and state levels that produces the concern: if marginalized comprehensive doctrines cannot be discussed in the realm of public reason, and if marginalized moral views cannot be acted upon by the state, how will we ever achieve the goals of feminism, itself a marginalized moral view? Does liberal neutrality prohibit progress toward gender equality? In this paper, I argue to the contrary. Many objections regarding liberalism’s supposed failure to secure gender justice rely on a conception of neutrality as neutrality of effect. But at both the individual and state levels, liberalism’s demand for neutrality is about justification. Liberalism, specifically political liberalism, requires neither neutral content of public reasons nor neutral effects of state policies. (shrink)

InThe Second Sex, Simone de Beauvoir argues that women are often complicit in reinforcing their own unfreedom. But why women become complicit remains an open question. The aim of this article is to offer a systematic analysis of complicity by focusing on the Heideggerian strands of Beauvoir's account. I begin by evaluating Susan James's interpretation of complicity qua republican freedom, which emphasizes the dependent situation of women as the primary cause of their complicity. I argue that James's analysis is compelling (...) as far as it goes, but that it implies complicity is the inevitable outcome of women's current existence and fails to adequately account for Beauvoir's claim that women actively embrace their own unfreedom. I then draw out the Heideggerian strands of Beauvoir's analysis, demonstrating how this enables us to systematize Beauvoir's account of women's oppressive situation with her claims regarding the active role women can play in reinforcing their own unfreedom. I argue that this approach preserves the strengths of the republican interpretation, but provides a better account of cases where complicity may not be inevitable and yet some women still act to reinforce rather than resist their own unfreedom. (shrink)

Can the prevention of eating disorders be regulated? Can this goal be achieved by means of placing legal restrictions on the modeling industry? These core questions are the basis of our article.EDs constitute one of the foremost contemporary health concerns faced by Western cultures. It is commonly perceived that the modeling industry is a dominant factor causing the alarming increase of EDs by exposing the public to pictures of ultrathin models who present unrealistic body measures. Forming such a distorted beauty (...) ideal is believed to encourage the development of EDs as women desperately attempt to adopt such unattainable looks.Whereas considerable legal consideration of EDs focuses on public issues such as.. (shrink)

Certain forms of practical deference seem to be incompatible with personal autonomy. I argue that such deference undermines autonomy not by compromising the governance of an authentic self, nor by constituting a failure to track objective reasons, but by constituting a particular social relation: one of interpersonal rule. I analyse this social relation and distinguish it from others, including ordinary relations of love and care. Finally, I argue that the particular form of interpersonal rule constituted by dispositions of practical deference (...) in itself entails a partial, though not total, disconnection from the good of a self-authored life. (shrink)

An adaptive preference is a preference that is regimented in response to an agent’s set of feasible options. The fabled fox in the sour grapes story undergoes an adaptive preference change. I consider adaptive preferences more broadly, to include adaptive preference formation as well. I argue that many adaptive preferences that other philosophers have cast out as irrational sour-grapes-like preferences are actually fully rational preferences worthy of pursuit. I offer a means of distinguishing rational and worthy adaptive preferences from irrational (...) and unworthy ones. The distinction is based on the agent’s own appraisal of the adaptive preference. (shrink)

The gendered division of labor is the major cause of gender inequality with respect to the broad spectrum of resources, occupations, and roles. Although many feminists aspire to an equality of outcome where there are no significant patterns of gender difference across these dimensions, many have also argued that liberal theories of social justice do not have the conceptual tools to justify a direct attack on the gendered division of labor. Indeed, many critics argue that liberalism positively condones it, presuming (...) that it arises from the free choices of individuals, which must be respected. In this paper I will accept the feminist goal of equality of outcome across roles, occupations, income, and wealth, but will argue that liberal theories of justice are consistent with strong measures aimed at promoting such equality. I will show that liberalism has the conceptual resources to justify a concrete policy measure that goes considerably beyond the measures usually championed by feminists. The example I focus on is “daddy quotas,” which refers to the tagging of a significant part of parental leave for the exclusive use of fathers. (shrink)

In this dissertation, I respond to the feminist critique of traditional theories of autonomy, which revolves around the charge that such theories are too individualistic. Feminists argue against the liberal atomism that they see at the center of traditional autonomy theories. Their resulting theory of relational autonomy is meant to remedy that traditional theories of autonomy posit an individualistic conception of both the self and autonomy. Instead, feminists have argued for a theory of autonomy that takes account of the ways (...) in which persons are irreducibly social, and the ways in which autonomy itself is only possible within certain types of social relationships. I separate the feminist charges against liberalism from the feminist charges against traditional autonomy, since it is at least prima facie possible to consider personal autonomy separately from political autonomy. I thus isolate the feminist critique of liberal atomism from the feminist critique of individualistic autonomy. The first chapter examines the feminist critique of liberalism to determine why it is that the charge of liberal atomism continues to stick, even though it has been clearly established by both feminist and mainstream liberals that liberalism is not guilty of such a charge. While I do not provide a full defense of liberalism, I do argue that such a defense is possible, and possible in a way that upholds feminist goals. Having separated the critiques of liberalism from the critiques of traditional autonomy, the rest of the dissertation focuses exclusively on the autonomy debate. I present an argument against the most robustly relational feminist accounts of autonomy those which accept a relational account of both the self and autonomy. I argue that, although such theories are explicitly designed to vindicate the normative commitments of feminism, their implications yield unwelcome results from this very same feminist perspective. I then present my own procedural account of autonomy. Because it is not constitutively social, it is unlikely to be characterized as a relational account at all. I argue, however, that it is this very feature which allows my account to vindicate the feminist normative commitments espoused by constitutively relational accounts. (shrink)

This paper examines the latest developments in feminist critiques of the seminal Theory of Justice, written by John Rawls, the late preeminent American moral philosopher. Rawls is recognized as one of the most influential moral political philosophers of the twentieth century and is increasingly relevant because of his discussions on pluralist societies. With the current diverging of liberal, conservative and libertarian philosophies among Americans, as well as the fragmentation of parties to accommodate an increasingly diverse public, a clear philosophy and (...) understanding of liberal theory is necessary for its future in American politics. The current pressure to address the needs of oppressed groups such as women and sexual minorities has created a philosophical tipping point. What is to be considered equality, how the government should involve itself, and how this will be done feasibly and throughout generations need answers defined on all sides of the discussion. Gender and sexual inequality, when considering what should be done, is one of the most significant challenges because of its effect on the traditional family, on centuries of preconceived notions of gender and sexuality, and the heavy commitment it may take to extinguish. To analyze the social contract approach and the theory of justice as fairness, I will examine and then follow Rawls’ own method of the original position to determine in which manner the family should be situated within society to result in the best accordance to the two principles. Furthermore, the arguments on the reasonability of religion in a political conception will be used to promote a fair and stable society. The overall aim is to develop a Rawlsian solution to gender equality in society that is both fair and sustainable in a pluralistic society. Focusing on the role of the family in society, I argue that Rawls’ fundamental concept of justice – “justice as fairness” – does not develop a clear and convincing stance on how gender equality will be produced in a pluralistic society. Debate has risen between feminist and liberal philosophers in distinguishing the relationship between Rawls’ two principles of justice and their intervention in family hierarchy, duties, and responsibilities. The two principles are known as: First Principle: Each person has the same indefeasible claim to a fully adequate scheme of equal basic liberties, which scheme is compatible with the same scheme of liberties for all; Second Principle: Social and economic inequalities are to satisfy two conditions: They are to be attached to offices and positions open to all under conditions of fair equality of opportunity; They are to be to the greatest benefit of the least-advantaged members of society. The distinction between an indirect and direct interaction between principles of justice and the basic structures of society will shape the way the political arena promotes equality. This is the case, provided that the procedure in which Rawls utilizes is fair in itself, which has come into contention among feminist thinkers. Once the family is situated in the original position, the feasibility of the theory will be discussed within the parameters of a property-owning democracy as well as, more specifically, a deliberative democracy. This solution should bring a reflective justification for the principles abilities to deal with injustices outlined by feminists. (shrink)