In Latin America, rights to local political participation in many indigenous communities are not simply granted, but rather “earned” through acts of labor for the community. This is the case in the state of Oaxaca, Mexico, where almost three-fourths of municipalities elect municipal authorities through custom and tradition rather than secret ballot and universal suffrage. The alarmingly low rate of women’s formal participation in these municipalities has garnered attention from policymakers, provoking a series of legislative reforms designed to increase women’s (...) roles in local politics. However, these initiatives often miss their mark. Focused on a liberal model of women as individual rights-bearers, they fail to understand the complex ways in which gendered labor influences political participation in nonliberal contexts. This article examines a case in which indigenous women reject such an initiative because it would exacerbate their exploitation within the local terms of gendered collective labor instead of promoting equality. It thus explains potential barriers to indigenous women’s political leadership at the local level and suggests ways in which gender equality can be promoted in nonliberal contexts. (shrink)

Most people are familiar with Justice Stewart's now classic statement that while he cannot describe pornography, he certainly knows it when he sees it. We instantly identify with Justice Stewart. Pornography is not difficult to recognize, but it does elude description. This is because traditional attempts at description are attempts that seek to explain at either an abstract or empirical level rather than at the level that accounts for experience in its totality. Justice Stewart's lament represents the need to understand (...) the subjective experience of pornography and cease trying to explain it in purely objective terms. Much feminist literature in general and Catharine MacKinnon's work in particular seeks to do just this. MacKinnon argues that pornography should not be explained in familiar First Amendment freedom-of-expression terms, but rather in terms of the actual sexual abuse it constitutes in experience. Then, and only then, are we able to select the appropriate legal remedy. This essay suggests that MacKinnon's position not only needs the support of a non-traditional philosophical approach, but has one readily available in the phenomenology of philosopher Edmund Husserl. (shrink)

This article analyzes U.S. court cases involving reproductive technologies in terms of their implications for reproductive choice, mothers' versus fathers' rights, definitions and evaluations of parenting, and the nuclear family structure. The analysis reveals that the courts have tended not to recognize how social conditions shape women's reproductive choices, to promote fathers' rights more than mothers' rights, to ignore the social relationships that constitute childbearing and child rearing and value men's over women's biological contribution to these processes, to reflect certain (...) assumptions about the proper roles of mothers and fathers, and to privilege the nuclear family. The implications of developing reproductive technology policy for an understanding of the relationships among gender, reproductive technologies, and the state are considered, and recommendations for the equitable regulation of these technologies are offered. (shrink)

DNA analysis for family reunification is a longstanding and widespread practice, but also a highly problematic one, as it is a battleground of conflicting values and interests, which have to be carefully weighed against each other: on the one hand, the right of the sovereign state to regulate immigration and prevent fraud and child trafficking; on the other hand, the right to privacy and family life. Beyond the problem of how to balance these different interests, DNA analysis for family reunification (...) brings up the broader problem of biologisation/geneticisation of social relations, as this practice appears to reduce family to its mere biological notion. As there is no comprehensive account of the ethical implications of DNA analysis in the context of family reunification, the present paper will try to fill this gap by addressing the three most striking ethical problems posed by this issue: the privacy issues at stake; the problems concerning the conceptual, legal and social definition of family; and the question whether this practice intends to produce the immigrant as discriminated "bare life" or must rather be seen as a symptom of an ongoing general biologisation/geneticisation of sociality, also influencing family reunification procedures. (shrink)

: This essay considers whether liberal political theory has tools with which to count gender, and so gender relations, as political. Can liberal political theory count subordination among the harms of sex inequality that the state ought to correct? Watson defends a version of deliberative democracy—liberalism—as able to place issues of social inequality in the form of hierarchical social identities at the center of its normative commitments, and so at the center of securing justice.

This essay considers whether liberal political theory has tools with which to count gender, and so gender relations, as political. Can liberal political theory count sub-ordination among the harms of sex inequality that the state ought to correct? Watson defends a version of deliberative democracy—liberalism—as able to place issues of social inequality in the form of hierarchical social identities at the center of its normative commitments, and so at the center of securing justice.

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)

What is good sex? This question can be evaluated in multiple dimensions, the moral dimension being only one of them. My main thesis in this paper is that a criterion for good sex is whether the participants are on a par with each other. This can be understood as a moral ideal. In order to make this argument, I first explain what is meant by “sex”. This is, on the one hand, to delineate clearly which phenome-na are included in the (...) definition for the purposes of this argument. It is, on the other hand, to repel the problematic image of sex as something exclusively physical. In a second step I will address the issue of consent. Consent is, in my view, a minimal condition for the moral quality of sexual activities. It is only when consent is given by all participants that sexual activity is legitimized. Of course many related questions arise in this context, but without consent, we cannot speak of the moral quality of sexual activities at all. But why is consent so important? It is important to protect people. The protection is more successful if we take into account the attitude with which people engage with each other sexually. Sexual activities where people are on a par with each other are morally better than those where people are not. Being on par means that each participant’s desires and wishes are respected equally. I develop this thesis further by engaging with different objections. If we set out to question whether a sexual activity is morally good, we will also have to answer the question whether the participants who are engaged in this activity are on a par with each other. (shrink)

Journal of Political Philosophy, EarlyView.

The Supreme Court dismissed the Pornography/Civil Rights Ordinance as an unconstitutional restriction of speech. The Court's dismissal itself violates the free speech of the proposers of the Ordinance. It is not possible for both pornographers to perform the speech act of making pornography and feminists to perform the speech act of proposing the Ordinance. I show that the speech act of proposing the Ordinance takes First Amendment precedence over the speech act of making pornography.

The Supreme Court dismissed the Pornography/Civil Rights Ordinance as an unconstitutional restriction of speech. The Court's dismissal itself violates the free speech of the proposers of the Ordinance. It is not possible for both pornographers to perform the speech act of making pornography and feminists to perform the speech act of proposing the Ordinance. I show that the speech act of proposing the Ordinance takes First Amendment precedence over the speech act of making pornography.

Standpoint epistemology is committed to a cluster of views that pays special attention to the role of social identity in knowledge‐acquisition. Of particular interest here is the situated knowledge thesis. This thesis holds that for certain propositions p, whether an epistemic agent is in a position to know that p depends on some nonepistemic facts related to the epistemic agent's social identity. In this article, I examine two possible ways to interpret this thesis. My first goal here is to clarify (...) existing interpretations of this thesis that appear in the literature but that are undeveloped and often mistakenly conflated. In so doing, I aim to make clear the different versions of standpoint epistemology that one might accept and defend.This project is of significance, I argue, because standpoint epistemology provides helpful tools for understanding a phenomenon of recent interest: epistemic oppression. My second goal is to provide an analysis that makes clear how each of the readings I put forth can be used to illuminate forms of epistemic oppression. (shrink)

In this article, I propose one way of understanding the expression “feminist epistemology.” I begin from the premise that improper philosophical attention has been paid to the implications of what I call The Fact of Preconditions for Agency: that moral and rational agents become such only through a long, deliberate, and intensive process of intervention and teaching, a process that requires commitments of time, effort and emotion on the part of other agents. I contend that this is a sufficiently important (...) aspect of what it is to be a person that accounting for its philosophical implications may have repercussions not only for moral and political theory, but for epistemology as well. I contend further that, given the current configuration of social possibilities, a theory that acknowledges this Fact might appropriately be deemed “feminist.” My argument is presented in four segments. In Section II, I show how such a theory could be feminist by providing a discussion of categories of social identity; in Section III, I show how such a theory could be epistemology by describing a strategy of argument from parity. In Section IV, I apply this strategy to a case from political philosophy to show why its counter‐intuitive implications do not provide good grounds for rejecting the suggested redistricting. And in Section V, I apply the same strategy to a case from epistemology to bring out how it might lead to a theory that might legitimately claim to be feminist epistemology. (shrink)

Standards of reasonableness are pervasive in law. Whether a belief or conduct is reasonable is determined by reference to what a ?reasonable man? similarly situated would have believed or done in similar circumstances. Feminists rightly objected that the ?reasonable man? standard was gender?biased and worked to the detriment of women. Merely replacing the ?reasonable man? with the ?reasonable person? would not be sufficient, furthermore, to right this historic wrong. Rather, in a wide range of cases, feminist theorists and legal practitioners (...) urged instead a standard of reasonableness that reflects the perceptions of women, a perspective informed by women?s vulnerability and oppression. In this essay I examine the role of the ?reasonable woman? standard in two areas of law ? workplace sexual harassment and self?defense ? and argue that it is both legally and politically problematic. (shrink)

The second-wave feminist critique of privacy defies the liberal opposition between the public-political and the private-personal. Feminist thinkers such as Hanisch, Young or Fraser note that, according to this liberal conception, public institutions often keep asymmetric power relations between private agents away from political discussion and action. The resulting subordination of some agents to others tends, therefore, to be naturalised and redefined as a «personal problem». Drawing on these contributions, this article reviews the social and political implications of big data (...) exploitation and questions whether personal data protection must remain a matter of «privacy self-management». It aims to show that feminist political theory can decidedly help to identify and tackle the root causes of what I call «data domination».La crítica feminista de segunda ola a la privacidad desafía la oposición liberal entre lo público-político y lo privado-personal. Pensadoras feministas como Hanisch, Young o Fraser señalan que, de acuerdo con esta concepción liberal, las instituciones públicas a menudo dejan fuera de la discusión y la acción política las relaciones de poder asimétricas entre agentes privados. La resultante subordinación de unos agentes a otros tiende, por tanto, a ser naturalizada y redefinida como un «problema personal». Basándose en estas contribuciones, este artículo revisa las implicaciones sociales y políticas de la explotación de datos masivos y cuestiona si la protección de los datos personales debe continuar siendo una cuestión de «auto-gestión de la privacidad». Su objetivo es mostrar que la teoría política feminista puede ayudar decididamente a identificar y enfrentar las causas de lo que llamo «dominación a través de los datos». (shrink)

I defend an account of sexual orientation, understood as a reflexive disposition to be sexually attracted to people of a particular biological Sex or Sexes. An orientation is identified in terms of two aspects: the Sex of the subject who has the disposition, and whether that Sex is the same as, or different to, the Sex to which the subject is disposed to be attracted. I explore this account in some detail and defend it from several challenges. In doing so, (...) I provide a theoretical framework that justifies our continued reference to Sex-directed sexual orientation as an important means of classifying human subjects. (shrink)

: Using Judith Butler's notion that bodies are materialized via performances, "resignifying" disability involves a "democratizing contestation" of staircases because they exclude those in wheelchairs. Paleoanthropologist Maxine Sheets-Johnstone shows how consistent bipedal locomotion, together with the knowledge that we will die (upon which mutuality is based), are ingredients of our pan-hominid speciation, not contingent constructions. As axiologically important as contestation is, it forecloses the possibility of achieving a mutuality with others, that is wonderfully possible.

Using Judith Butler's notion that bodies are materialized via performances, “resig-nifying” disability involves a “democratizing contestation” of staircases because they exclude those in wheelchairs. Paleoanthropologist Maxine Sheets-Johnstone shows how consistent bipedal locomotion, together with the knowledge that we will die, are ingredients of our pan-hominid speciation, not contingent constructions. As axiologically important as contestation is, it forecloses the possibility of achieving a mutuality with others that is wonderfully possible.

Recent decades of women's rights advocacy have produced numerous regional and international agreements for protecting women's security, including a UN convention that affirms the state's responsibility to protect key gender-specific rights, with no exceptions on the basis of culture or religion. At the same time, however, the focus on universal women's rights has enabled influential feminists in the United States to view women's rights in opposition to culture, and most often in opposition to other people's cultures. Not surprisingly, then, feminists (...) across the global South have criticized the universal-women's-rights agenda. This article reviews representative critical responses to universal-women's-rights advocacy. The author argues that, taken collectively, these critical responses do not reject the possibility of cross-cultural feminist advocacy but they do suggest the need for feminists in the United States and Europe to focus less on transferring rights across the obstacles of culture and more on how they can revise and expand their own understanding of women's rights in response to the struggles of other women, many of whom view women's rights as organic to their own cultures and as connected to broader social struggles. (shrink)

Fraternity little sister organizations are a relatively unexplored aspect of the contemporary college campus culture. This article examines the construction of the collective sexual reputation of fraternity little sisters and how fraternity little sisters interpret and resist it in an effort to maintain their individual sexual reputations. Further analysis shows how fraternity men contribute to the collective sexual reputation and control women in little sister organizations by sexually objectifying and commodifying them, by sending them purposefully vague and conflicting messages about (...) sexual expectations, and by sexually abusing them. (shrink)

The ethical problem of privacy lies at the core of computer ethics and cyber ethics discussions. The extensive use of personal data in digital networks poses a serious threat to the user’s right of privacy not only at the level of a user’s data integrity and security but also at the level of a user’s identity and freedom. In normative ethical theory the need for an informational self-deterministic approach of privacy is stressed with greater emphasis on the control over personal (...) data. However, scant attention has been paid on a virtue ethics approach of information privacy. Plotinus’ discussion of self-determination is related to ethical virtue, human freedom and intellectual autonomy. The Plotinian virtue ethics approach of self-determination is not primarily related to the sphere of moral action, but to the quality of the self prior to moral practice. In this paper, it is argued that the problem of information privacy should be reconsidered in the light of Plotinus’ virtue ethics and his notion of self-determination. (shrink)

Recent disclosures suggest that many governments apply indiscriminate mass surveillance technologies that allow them to capture and store a massive amount of communications data belonging to citizens and non-citizens alike. This article argues that traditional liberal critiques of government surveillance that center on an individual right to privacy cannot completely capture the harm that is caused by such surveillance because they ignore its distinctive political dimension. As a complement to standard liberal approaches to privacy, the article develops a critique of (...) surveillance that focuses on the question of political power in the public sphere. (shrink)

Arguments from thought experiment ask the reader to imagine some hypothetical, sometimes exotic, often fantastic, scenario for the sake of illustrating or countering some claim. Variously characterized as mental experimentation, imaginary cases, and even crazy cases, thought experiments figure into both scientific and philosophical arguments. They are often criticized for their fictive nature and for their lack of grounding. Nevertheless, they are common especially in arguments in ethics and philosophy of mind. Moreover, many thought experiments have spawned variations that attempt (...) to both affirm and refute their original arguments. These emended thought experiments exhibit a variety of styles, details, and embellishments. A rhetorical analysis of these variations suggests a reciprocal influence between the arguers' selection of details and their philosophical commitments. I offer examples of this relationship from the variations on John Searle's Chinese Room thought experiment and Judith Thomson's unconscious violinist thought experiment. (shrink)

Some exceptional and surprising mistakes of scholarship made in the writings of a number of feminist academics (Ruth Bleier, Ruth Hubbard, Susan Bordo, Sandra Harding, and Rae Langton) are examined in detail. This essay offers the psychological hypothesis that these mistakes were the result of political passion and concludes with some remarks about the ability of the social sciences to study the effect of the politics of the researcher on the quality of his or her research.

This article argues anarchy is undertheorized in International Relations, and that the undertheorization of the concept of anarchy in International Relations is rooted in Waltz’s original discussion of the concept as equal to the invisibility of structure, where the lack of exogenous authority is not just a feature of the international political system but the salient feature. This article recognizes the international system as anarchical but looks to theorize its contours—to see the invisible structures that are overlaid within international anarchy, (...) and then to consider what those structures mean for theorizing anarchy itself. It uses as an example the various ways that gender orders global political relations to suggest that anarchy in the international arena is a place of multiple orders rather than of disorder. It therefore begins by theorizing anarchy with orders in global politics, rather than anarchy as necessarily substantively lacking orders. It then argues that gender orders global... (shrink)

In this article, I examine the seemingly incompatible epistemologies of sex offered by dominance (‘governance’) feminism and queer theory. While these bodies of work, especially when applied to US legal and political activity on prostitution, are commonly viewed as divergent sparring partners, I propose a ‘convergence’ of the two in the form of a revived and enhanced sex-positive feminism. If dominance feminism is the ‘theory of no’ to heterosexuality’s male gender power, and if queer theory is the ‘theory of yes’ (...) to the defiant possibilities of sex, sex-positive feminism is a ‘theory of maybe’: it examines practices of gender and sexuality in multiple contexts to find the ways in which heterosexuality can sometimes reify, and other times resist, the transfer of eroticised dominance and submission to political practices of patriarchy. After tracing the split between feminism and queer theory and arguing for a ‘sex-positive queer feminism’, I use the example of prostitution to consider some theoretical and practical implications of this shift in feminist lenses. (shrink)

Abortion has long been a central issue in the arena of applied ethics, but, the distinctive analysis of feminist ethics is generally overlooked in most philosophic discussions. Authors and readers commonly presume a familiarity with the feminist position and equate it with liberal defences of women's right to choose abortion, but, in fact, feminist ethics yields a different analysis of the moral questions surrounding abortion than that usually offered by the more familiar liberal defenders of abortion rights. Most feminists can (...) agree with some of the conclusions that arise from certain non-feminist arguments on abortion, but they often disagree about the way the issues are formulated and the sorts of reasons that are invoked in the mainstream literature. (shrink)

This essay examines Elizabeth Grosz's provocative claim that feminist and anti-racist theorists should reject a politics of recognition in favor of "a politics of imperceptibility." She criticizes any humanist politics centered upon a dialectic between self and other. I turn to Spinoza to develop and explore her alternative proposal. I claim that Spinoza offers resources for her promising politics of corporeality, proximity, power, and connection that includes all of nature, which feminists should explore.

Societies evolve practices that reflect social norms of appropriateness in social interaction, for example when and to what extent one should respect the boundaries of another person’s private sphere. One such practice is what the sociologist Erving Goffman called civil inattention—the social norm of showing a proper amount of indifference to others—which functions as an almost unnoticed yet highly potent privacy-preserving mechanism. These practices can be disrupted by technologies that afford new forms of intrusions. In this paper, we show how (...) new networked technologies, such as facial recognition, challenge our ability to practice civil inattention. We argue for the need to revitalise, in academic and policy debates, the role of civil inattention and related practices in regulating behaviour in public space. Our analysis highlights the relational nature of privacy and the importance of social norms in accomplishing and preserving it. While our analysis goes some way in supporting current calls to ban FR technology, we also suggest that, pending a ban and in light of the power of norms to limit what is otherwise technically possible, cultivating new practices of civil inattention may help address the challenges raised by FR and other forms of digital surveillance in public. (shrink)

In this article I will argue that systemic institutional conditions contained within a family structure result in oppression and obscurity for mothers. In countering this somewhat gloomy assertion, I will introduce a feminist theology of obscurity as a means of actualizing personhood for mothers and acknowledging the concomitant empowerment to be found within motherhood.

This article examines arguments concerning the right of an unwed biological father to consent to the adoption of his offspring, and to take custody of the child even against the mother's wishes. The understanding of gender-neutrality that supposedly supports many such arguments is false, and risks diminishing women's decision-making authority under the guise of sex equality. Laws governing unwed parent's rights must emphasize the centrality of parental responsibility in establishing parental rights.

This essay takes the performance artworks of Tehching Hsieh as instructive allegories for a global ethics as theorized by a variety of left academics who ground universalism in a singularity that escapes the predicates of identity. Hsieh's projects, I argue, also place universal estrangement in the service of liberation for particular marginalized groups whose lives confound our fantasies of recognition. At the same time, they illustrate some of the challenges facing attempts to treat particular struggles as embodiments of universal conflicts.

The authors examine the “second shift” in the former socialist Yugoslavia through the analysis of 1989-90 data from a random sample of 7,790 adults in the paid labor force. Despite working outside the home, women are primarily responsible for housework. Neither education, occupation, urbanization, nor participation in the informal economy has a significant effect in reducing this; only the presence of an older female in the household measurably reduces an employed woman's participation in the second shift. Not only are men's (...) attitudes important for women's performance of the second shift but also men's ability to act in terms of this value displays the significance of a gendered social structure in socialist societies. (shrink)

This article provides an empirical example and an analytic argument for how queer theory can be useful for sociological inquiries of gender relations. Using data collected through participant observation of a rock music subculture, the author addresses the importance of conceptualizing sexuality and gender as analytically distinct. There are five major findings drawn from this analysis. First, members of this subculture queered sexuality despite identifying as heterosexual. Second, there is a dissonance between how members talked about sexuality and how they (...) enacted sexuality. Third, queering sexuality opened space for subverting hegemonic gender relations. Fourth, some forms of gender resistance relied on and reinscribed hegemonic sexual relations. Fifth, only by analyzing sexuality at multiple levels of analysis was this play of resistance and hegemony revealed. Both empirical and theoretical implications are suggested. (shrink)

Many theories of social justice maintain that concern for the social bases of self-respect grounds demanding requirements of political and economic equality, as self-respect is supposed to be dependent on continuous just recognition by others. This paper argues that such views miss an important feature of self-respect, which accounts for much of its value: self-respect is a capacity for self-orientation that is robust under adversity. This does not mean that there are no social bases of self-respect that such theories ought (...) to incorporate. It means that they are different: they consist of the motivational and epistemic resources needed to develop and maintain such robustness. (shrink)

: Liberal rights theory can be used either to challenge or to support social hierarchies of power. Focusing on Ronald Dworkin's theory of rights and Catharine MacKinnon's feminist critique of liberalism, I identify a number of problems with the way that liberal theorists conceptualize rights. I argue that rights can be used to chal-lenge oppressive practices and structures only if they are defined and employed with an awareness and critique of social relations of power.

Identity politics is commonly criticized as endangering democracy by undermining community, rational communication, and solidarity. Drawing on both radical democratic theory and standpoint theory, this article posits the opposite thesis: identity politics is pivotal for the democratization of democracy. Democratization through identity politics is achieved by disrupting hegemonic discourse and is, therefore, a matter of power, while such forms of power politics are reasonable when following minority standpoints generated through identity politics. The article develops this approach by connecting radical democratic (...) theories with standpoint theories and highlighting their commonalities and potential for mutual enhancement. Standpoint theory allows us to substantiate and reconcile two initially contradictory claims: particular minority standpoints are necessary to criticize the prevailing discursive and institutional orders, and these standpoints stem from intersubjective reason and embody ‘strong objectivity.’ This discussion presents a new perspective on the tension between particularity and universality, as well as the relationship between power and reason in democracy. Democratization is an oscillation between these polarities, and political theory should not aim to resolve this tension but to recognize and articulate it. Such recognition might involve elevating knowledge emerging from oppressed groups and exercising epistemic modesty when assessing specific forms of identity politics. (shrink)

This article discusses recent feminist arguments for the possible existence of an interesting link between treating things as people and treating people as things. It argues, by way of a historical case study, that the connection is more complicated than these arguments have supposed. In addition, the essay suggests some possible general links between treatment of things and treatment of people.

This article adds to the growing literature distinguishing second and third wave feminist theory. It opens by outlining theoretical differences between second wave and third wave definitions of femininity and the role and impact of femininity on gender relations of domination, whilst briefly acknowledging the complications of the relationship between third wave feminism and post-feminism. It then suggests that these diverging perspectives on embodied femininity result from fundamentally different second wave and third wave theories of power. In doing so, it (...) develops a third wave conceptual definition of femininity and a theoretical framework for power relations that are distinct from a second wave approach. It illustrates these differences by offering a close reading of textual representation of femininity in the film Pulp Fiction. (shrink)