In this article I argue that the famous image on Hobbes’ frontispiece of Leviathan provides a more honest picture of authority and of contract than is provided by today’s liberal images of free and equal persons, who are pictured as sitting round a negotiating table making a decision as to the principles on which to base laws. Importantly, in the seventeenth century, at the start of modern political thought, Hobbes saw no contradiction between contractual agreement and subordination. I will draw (...) out these arguments by comparing three images of politics that employ the human body: Hobbes’ frontispiece is compared firstly with an earlier picture of the state, the illustration of the Fable of the Belly, and then with a later Rawlsian image of the social contract described above. At stake is Hobbes’ view of two associated concepts: authorship and authority. I argue that Hobbes’ image is a vivid portrayal of a ‘persona covert’, akin to the feme covert, a wife characterised in common law as so dominated by her husband that she is imagined as being ‘covered’ by his body. (shrink)

Despite the growing body of literature and general interest in the intersection between the capabilities approach (CA) and education, little work has been done so far to theorize democratic education from a CA perspective. This essay attempts to do so by, first, getting clear about the theory of democracy that has emerged from Amartya Sen’s recent work and understanding how it informs his CA; and, second, by carefully drawing out the implications of these aspects of Sen’s thinking for democratic education. (...) Ultimately, I argue that Senian democratic education (SDE) is a composite of various learning processes that enhance one’s capability for social and political (democratic) participation. Particular attention is given to the learning that happens through one’s actual engagement in democratic practices and that which happens through one’s formal schooling. I call the former of these learning processes SDEp and the latter SDEs. SDEp is democratic life itself, and its effectiveness both depends on and contributes to the development of a culture of political participation within society. SDEs is best understood as the process of facilitating children’s achievement of democratic functioning, that is, children’s achievement of certain “beings and doings” associated with the emergence and exercise of their individual and collective democratic existence. (shrink)

Adversariality in argumentation is typically theorized as inhering in, and applying to, the interactional roles of proponent and opponent that arguers occupy. This paper considers the kinds of adversariality located in the conversational roles arguers perform while arguing—specifically listening. It begins by contending that the maximally adversarial arguer is an arguer who refuses to listen to reason by refusing to listen to another’s reasons. It proceeds to consider a list of lousy listeners in order to illustrate the variety of ways (...) that the conversational role of listener can be performed adversarially. Because conversational roles, while not adversarial by nature, can be enacted adversarially, arguers are properly subject to praise and blame for their performances of these roles. Thus, the paper concludes, argumentation theory stands in need of an articulated normative vocabulary and theory to codify, apply, explain, and justify the norms of listening governing, guiding, and appraising arguers’ performances of listening in argumentation. (shrink)

The family is commonly regarded as being an important social institution. In several policy areas, evidence can be found that the family is treated as an entity towards which others can have moral obligations; it has needs and interests that require protection; it can be ill and receive treatment. The interests attributed to the family are not reducible to those of its members – and may even come into conflict with them. Using Warren's criteria for moral status, we show that, (...) although the status of the family is not explicitly described in terms of moral status, the way in which it is treated implies that it has such status. (shrink)

In international law, ‘humanitarian intervention’ refers to the use of military force by one nation or group of nations to stop genocide or other gross human rights violations in another sovereign nation. If humanitarian intervention is conceived as military in nature, it makes sense that only the most horrible, massive, and violent violations of human rights can justify intervention. Yet, that leaves many serious evils beyond the scope of legal intervention. In particular, violations of women's rights and freedoms often go (...) unchecked. To address this problem, I begin from two basic questions: When are violations of human rights sufficiently serious to require an international response of some sort? What should that response be? By re-orienting the aim and justification of international law to focus on individual autonomy rather than on peace between nations, I argue that women's rights violations other than genocide and mass rape can warrant intervention. Military intervention is often counter-productive to the aim of achieving autonomy, however. I suggest a range of responses to human rights violations that includes military intervention as one end of the spectrum, and combine this with a greater understanding of the scope of human rights violations that require international response. (shrink)

The republican revival in political philosophy, political theory, and legal theory has produced an impressive range of novel interpretations of the historical figures of the republican tradition. It has also given rise to a variety of contemporary neo-republican theories that build on its historical themes. Although there have been some feminist discussions of its historical representatives, neo-republicanism has not generated a great deal of enthusiasm among feminists. The present paper examines Phillip Pettit's theory of freedom as nondomination in order to (...) assess its potential usefulness for those with feminist goals. It defends Pettit's account of interpersonal domination from certain feminist objections, but argues that his account of state domination needs to be amended if it is fully to protect the interests of women and other groups. (shrink)

In this paper, I argue for a _(pro tanto)_ _moral duty against dogmatism_: I argue that the _social costs_ of a disagreement can give those who are party to it added moral reasons to reconsider their controversial beliefs and (so) not to be dogmatic. In Sect. 1, I motivate the idea _that_ the social costs of disagreement may give rise to reasons to reconsider our beliefs by considering intuitive examples to that effect. I suggest that some of the stock intuitions (...) that epistemologists of disagreement have depended on to make their arguments are implicitly influenced by social costs that are salient to the disagreements in their cases. In Sect. 2, I respond to a _Practical Objection_ to my argument that political philosophers might be keen to press. According to this objection, the social costs of disagreement do not give rise to a moral duty against dogmatism because we can adequately address those costs just by compromising on how we _act on_ our beliefs in the context of the disagreement. In Sect. 3, I address a contrasting objection to the moral duty against dogmatism that might be pressed by epistemologists, which I term the _Truth Objection._ This objection points out that the social costs of disagreement do nothing to affect the strength of the _evidence _for or against one’s contentious beliefs, and so complains that those who reconsider their beliefs just on account of the social costs of disagreement ‘cave in’ to social pressure in a problematic way. In the course of addressing the Truth Objection, I more carefully explain _how_ the social costs of disagreement give rise to a moral duty against dogmatism by distinguishing between ‘truth-motivated’ and ‘truth-indifferent’ reasons for inquiry. (shrink)

In recent years, much public attention has been devoted to the existence of pay discrepancies between men and women at the upper end of the income scale. For example, there has been considerable discussion of the ‘Hollywood gender pay gap’. We can refer to such discrepancies as cases of millionaire inequality. These cases generate conflicting intuitions. On the one hand, the unequal remuneration involved looks like a troubling case of gender injustice. On the other, it’s natural to feel uneasy when (...) confronted with the suggestion that multi-millionaires are somehow being paid inadequately. In this paper, we consider two arguments for rectifying millionaire inequality, clarifying their appeal but also identifying the obstacles that each will have to surmount in order to succeed. (shrink)

In *Against Political Equality: The Confucian Case*, BAI Tongdong says that his main target is democracy, but he focuses much of his critiques on liberalism, rejecting its foundational value of autonomy in favor of Confucian grounds for governance. Given the extent of his concurrence with liberalism, however, it would be more consistent with Bai’s stated aim (of tempering the democratic part and shoring up the liberal side of liberal democracy) to make common cause with liberalism against populism. Mencian compassion and (...) humaneness have much to add to liberal conversation about virtue, and a Mencian-liberal theory of governance, instead, could yield the Confucian ideal of ‘harmony without uniformity,’. (shrink)

This paper sets out the case for abolishing state-recognized marriage and replacing it with piecemeal regulation of personal relationships. It starts by analysing feminist objections to traditional marriage, and argues that the various feminist critiques can best be reconciled and answered by the abolition of state-recognized marriage. The paper then considers the ideal form of state regulation of personal relationships. Contra other recent proposals, equality and liberty are not best served by the creation of a new holistic status, such as (...) civil union, nor by leaving regulation to private contracts. Instead, the state should develop piecemeal regulations that apply universally. (shrink)

Feminists are starting to look to the work of Pierre Bourdieu, in the hope that it might provide a useful framework for conceptualising the tension between structure and agency in questions of gender. This paper argues that Bourdieu’s analysis of gender can indeed be useful to feminists, but that the options Bourdieu offers for change are problematic. The paper suggests that Bourdieu’s analysis of gender echoes the work of earlier radical feminists, particularly Catharine MacKinnon, in important ways. Consciousness-raising, one of (...) MacKinnon’s strategies for change, sits well with Bourdieu’s concept of habitus, despite Bourdieu’s own scepticism. The paper argues that recasting the role of consciousness-raising in Bourdieu’s theory helps to undermine the deterministic elements of his work. It concludes that a feminist turn to Bourdieu as an attempt to understand gender’s entrenchment-andmalleability can be fruitful, and that such a turn might find a re-engagement with the idea of consciousness-raising helpful. (shrink)

This paper investigates the possibility of what Sally Haslanger calls ‘ideology critique’. It argues that ideology critique cannot rely on epistemological considerations alone but must be based on a normative political theory. Since ideological oppression is denied by those who suffer from it is it is not possible to identify privileged epistemological standpoints in advance.

The family poses problems for liberal understandings of social justice, because of the ways in which it bestows unearned privileges. This is particularly stark when we consider inter-generational inequality, or ‘class fate’ – the ways in which inequality is transmitted from one generation to the next, with the family unit ostensibly a key conduit. There is a recognized tension between the assumption that families should as far as possible be autonomous spheres of decision-making, and the assumption that we should as (...) far as possible equalize the life chances of all children, regardless of background. In this article I address this tension by way of recent liberal egalitarian literature, and consideration of the different dimensions of class fate. I argue, firstly, that the tension may not be of the a priori nature which liberals have tended to identify – and secondly, that as well as distributive and recognition-based aspects, the notion of contributive justice provides a particularly illuminating way of analyzing what is wrong about class fate, and the role of the family in promoting it. (shrink)

Analyses of care work typically speak of three necessary roles of care: the care worker, the care recipient, and an economic provider who makes care materially possible. This model provides no place for addressing the difficult political questions care poses for liberal representative democracy. I propose to fill this space with a new caring role to connect the care unit to the political sphere, as the economic provider connects the care unit to the economic sphere. I call this role that (...) of the “care claimant.” The labor of claiming care consists in the development, expression, and advancement of the interests of the care unit. The argument for employing this fourth care role begins by comparing Nel Noddings's phenomenological care unit to Sara Ruddick's family-based analysis. It then moves to discuss the way Eva Kittay emphasizes the dependency of the charge and its political ramifications to illustrate the need for a care claimant. After distinguishing the care claimant from the other roles of care, I examine the power relationships in the care unit and the position of the care claimant in the public sphere. (shrink)

Research seeking to explain the perpetration of violence and atrocities by humans against other humans offers both social and individualistic explanations, which differ namely in the roles attributed to empathy. Prominent social models suggest that some manifestations of inter-human violence are caused by parochial attitudes and obedience reinforced by within-group empathy. Individualistic explanations of violence, by contrast, posit that stable intra-individual characteristics of the brain and personality of some individuals lead them to commit violence and atrocities. An individualistic explanation argues (...) that the chief cause of violence is the perpetrator’'s lack of empathy with the victim. To offer the rudiments of a critique of the individualistic approach, I critically examine a model stating that violence is caused by empathy erosion. Specifically, the discussion of the empathy-erosion model is applied to the case of honour-based violence, a type of violence known for its communal character. Building from prior enquiries into violence and social cognition, I argue that an empathy-erosion explanation of HBV is defective because it does not consider important cultural and historical enablers of violence. Finally, as an alternative to individualism, I propose a psychohistorical approach to HBV in the migration context. This alternative combines psychological and philosophical enquiry with historical and ethnographical analysis. The psychohistorical approach hypothesises that distinct processes of cultural learning of honour codes both scaffold HBV and modulate the perpetrators’ emotions and empathy. (shrink)

Im Rahmen der Maßnahmen zur Eindämmung der Covid-19- Pandemie sind die Bürgerinnen und Bürger in Deutschland und vielen anderen Ländern dazu angehalten, weitestgehend in ihren Privatwohnungen zu bleiben. Wurde der Wert des Privaten in der liberalen Tradition gerade im Rückzug von und als Schutz vor der politischen Öffentlichkeit sowie administrativen Eingriffen gesehen, wird das Private damit nun unmittelbar politischen Anforderungen unterworfen. Indem die Kontrolle über die Gewährung und Verwehrung des Zugangs zum Privaten eingeschränkt worden ist und keinen frei gewählten Rückzugsort (...) mehr darstellt, verändert sich auch die Wahrnehmung lokaler Privatheit. Dabei stellt sich die Frage, ob die lokale Privatheit ihren Wert verliert und hier bereits von einer „Kolonialisierung“ der lokalen Privatheit gesprochen werden muss. Vor diesem Hintergrund soll ausgehend von feministischer Kritik liberaler Verständnisse lokaler Privatheit argumentiert werden, dass die These der strikten Trennung von Öffentlichkeit und Privatheit empirisch unzutreffend und normativ unangemessen ist. Davon ausgehend können Legitimitätsbedingungen öffentlichen Eingreifens in die lokale Privatheit entwickelt und die pandemiebedingten Maßnahmen hinsichtlich ihrer Legitimität überprüft werden. Dabei wird argumentiert, dass sich hierbei zwar nur eingeschränkt von einer Kolonialisierung sprechen lässt, sich die Wahrnehmung der lokalen Privatheit im Zuge der Ausgangs- und Kontaktbeschränkungen jedoch zu Lasten ihres Wertes verändert hat. (shrink)

This article argues that although marriage has been a historically productive and important site of feminist inquiry, feminist theorizations of the institution of marriage have reached something of a stalemate. Moreover, contemporary debates on the merits of same-sex marriage risk disarming feminist marriage critiques while simultaneously replicating their limitations. This does not mean, however, that marriage should be evacuated as an arena of feminist concern; rather, new ways of thinking about politics, subjectivities, sexualities and gender should be brought to bear (...) against our understandings of what contemporary marriage is and does. (shrink)

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people's freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

In this article I apply the insights of hermeneutic realism to a practical-theological ethics that addresses the international crisis of families and women’s rights. Hermeneutic realism affirms the hermeneutic philosophy of Hans-Georg Gadamer but enriches it with the dialectic of participation and distanciation developed by Paul Ricoeur. This approach finds a place for sciences such as evolutionary psychology within a hermeneutically informed ethic. It also points to a multidimensional model of practical reason that views it as implicitly or explicitly involving (...) five levels---background metaphysical visions, some principle of obligation, assumptions about pervasive human tendencies and needs, assumptions about constraining social and natural environments, and assumed acceptable rules of conduct. The fruitfulness of this multidimensional view of practical reason is then demonstrated by applying it to practical-theological ethics and the analysis of four theorists of women’s rights---Martha Nussbaum, Susan Moller Okin, Lisa Cahill, and Mary Ann Glendon. Finally, I illustrate the importance and limits of the visional dimension of practical reason by discussing the concept of “Africanity‘ in relation to the family and AIDS crisis of Eastern Africa. (shrink)

1. The International Convention on the Rights of Child (CRC) (UNGA 1989) stands as the lighthouse which guides discussions on how to address global justice for children. Consensus exist both in the...

Against Marriage: An Egalitarian Defence of the Marriage-Free State, by ChambersClare. Oxford: Oxford University Press, 2017. Pp. xi + 226.

Despite the fact that Norway is considered to be one of the most gender equal countries in the world, the proportion of women in philosophy is still low. In this article, we reflect on women's presence in Norwegian philosophy, partly based on interviews with Norwegian women philosophers from different universities. -/- We discuss the low proportion of women among students and staff in the field, investigate whether gender perspectives and feminist philosophy are present in the study of philosophy today. We (...) also identify some characteristics of the Norwegian postwar philosophy, such as diversity and openness, power struggles and gender blindness. Our material also shows that measures to improve gender balance in philosophy, has met fierce resistance. We discuss how the features of Norwegian postwar philosophy, together with direct and indirect stereotypes on gender, rationality and natural properties, has contributed to the fact that women still are a minority in Norwegian philosophy. -/- We also argue that the study of feminist philosophy and the integration of gender perspective is necessary in order to achieve gender equality in the discipline, to pave way for a new development in Norwegian philosophy, and to ensure the quality of higher education. (shrink)

Virtue and vice remain at the margins of feminist conceptual analysis although both establish a dualism that denies women full citizenship. To make this argument, this analysis explores the historical case of the Lowell mill girls – the first nearly all-female labour force in the United States between 1826 and 1850. Their public debate illustrates how virtue aligns some women with the economic and political status quo while society affiliates those who challenge its dominant beliefs with vice. This moral location (...) reveals the ‘virtues of vice’ or the political benefits that women may derive from vice which places them outside traditional moral and political discourse, enabling them to question existing moral paradigms, consider alternatives, and politically organize against the status quo. As such, the Lowell mill girl debate can inform contemporary feminist theory by raising serious questions about virtue and suggesting how vice opens up a critical space for ideological innovation, referred to here as a moral middle ground, that may result in a more democratic, feminist ethics. (shrink)

Dans les premières années qui ont suivi la parution de son monumentalA Theory of Justice, Rawls s'est surtout employé dans quelques articles à répondre à ses critiques, à dissiper les malentendus ainsi qu'à expliciter certains aspects de sa théorie, sans proposer de changements significatifs. À partir de la publication desDewey Lectures, sous la pression des critiques ou suivant le cours naturel de sa réflexion, Rawls a graduellement procéde à d'importantes révisions. Presque essentiellement préoccupé par la signification et la justification de (...) sa théorie, et laissant à peu prés intacts sa structure et son contenu, Rawls a successivement élaboré une conception de la personne et de la société, développé une méthodologie contextualiste et constructiviste, limité considérablement la portée de sa théorie et finalement, pour encadrer le tout, proposé une interprétation politique de la «justice en tant qu'équité». Ces changements, que d'aucuns ont perçus comme un recul ou comme un important virage, n'ont pas toujours été, selon Rawls, bien compris. Dans son dernier ouvrage,Political Liberalism, qui, est-il besoin de le dire? était depuis longtemps attendu, Rawls rassemble et raffine ses nouvelles idées, les présente de façon systématique et, somme toute, convaincante. (shrink)

Based on a series of interviews with blue-collar women and their husbands in Istanbul, Turkey, this article examines the negotiation of family work in households in which the wives are major providers. The relationships between provider status, women's expectations, and the actual configuration of family work are complexly mediated by cultural constructions, perception of women as providers, marital dynamics, and extended family relationships. Three different discourses characterize family work. Woman's evaluation of her husband as “responsible” or “irresponsible” informs the construction (...) of the male role in the household. Conflict is heightened when men default on both domestic and economic grounds. This study makes a contribution toward a comparative understanding of negotiation of family work by providing an analysis of how structural conditions and cultural ideology interact to construct a gendered division of family work in the household in the context of continuities and discontinuities in sociocultural patterns. (shrink)

The article focuses on descriptive representation, which is a fundamental theoretical concept underpinning the introduction of gender quotas. The main question I consider in the paper is how to overcome the essentialism of descriptive representation. I consider the essentialist line of reasoning as unsustainable because it pays little attention to differences among women. I claim that a possible and desirable solution is based on the concept of gender as seriality-by Iris Marion Young. Although women do not constitute a homogenous group, (...) it is meaningful to talk about women as a group in some sense, specifically as a social collective. In this connection, I highlight the advantages of gender as seriality. Firstly and most importantly, it overcomes the essentialism of descriptive representation. Secondly, the concept of gender as seriality enables us to identify the barriers faced by women in politics. Finally, it highlights why quotas are legitimate tools that can be used to increase women’s political representation. (shrink)

Este artigo investiga quais são os principais conceitos de poder propostos pela teoria feminista da segunda onda, de modo a sustentar que nessa são identificáveis dois conceitos fundamentais que são opostos mas complementários. Para tanto, propõe-se um percurso pelas principais ideias do feminismo acerca do poder surgidas a partir da década de 1960, nas quais esse aparece relacionado, principalmente, aos conceitos de dominação e opressão, mas também às visões sobre empoderamento, recurso, cuidado e liberdade. Com base no mapeamento teórico realizado, (...) argumenta-se que para a análise das relações de poder estabelecidas entre homens e mulheres é necessário retomar tanto o conceito de poder como dominação quanto como empoderamento. (shrink)

ABSTRACT:This paper re-examines the import of Rawls’s theory of justice for private sector institutions in the face of the decline of the welfare state. The argument is based on a Rawlsian conception of justice as the establishment of a basic structure of society that guarantees a fair distribution of primary goods. We propose that the decline of the welfare state witnessed in Western countries over the past forty years prompts a reassessment of the boundaries of the basic structure in order (...) to include additional corporate institutions. A discussion centered on the primary good of self-respect, but extensible to power and prerogatives as well as income and wealth, examines how the legislator should intervene in private sector institutions to counterbalance any unfairness that results from the decline of the welfare state. (shrink)

Neutralists have argued that there is something illiberal about linking access to gift-like resources to work requirements. The central liberal motivation for basic income is to provide greater freedom to choose between different ways of life, including options attaching great importance to non-market activities and disposable time. As argued by Philippe Van Parijs, even those spending their days surfing should be fed. This article examines Van Parijs' dual commitment to a ‘real libertarian’ justification of basic income and the public enforcement (...) of a strong work ethos, which serves to boost the volume of work at a given rate of taxation. It is argued (contra Van Parijs) that this alliance faces the neutrality objection: the work ethos will largely offset the liberal gains of unconditionality by radically restricting the set of permissible options available. A relaxed, non-obligatory ethos might avoid this implication. This view, however, is vulnerable to the structural exploitation objection: feasibility is achieved only because some choose to do necessary tasks to which most people have the same aversion. In light of these objections, the article examines whether there is a morally untainted feasibility path consistent with liberal objectives. (shrink)

How can we equalize opportunities while respecting people’s freedom? According to a view that I call libertarian resourcism, people’s fair shares of resources should normally take the form of uncon...

How can we equalize opportunities while respecting people’s freedom? According to a view that I call libertarian resourcism, people’s fair shares of resources should normally take the form of unconditional, individual cash endowments, thereby supporting the freedom to do whatever they might want to do. This view, of which Van Parijs’ philosophy of ‘real freedom for all’ is the clearest and most well-known example, has become a powerful weapon to criticize work conditionality as unfair and perfectionistic (or illiberal), and to (...) motivate political struggles for the emancipation of the precariat. However, similar views are also expressed in many other justifications of basic income that stress the strategic importance of exit-based empowerment. This article argues that the reliance of these theories on concepts and assumptions of libertarianism makes them ill-equipped to justify core requirements of social empowerment, and to identify the forms of agency needed to sustainably advance the radical objectives they favour. The implication of this is not to reject the link between social justice and unconditional resource endowments but to dissociate the justification and design of such measures from libertarian ways of thinking. (shrink)

The case of Charlie Gard, an infant with a genetic illness whose parents sought experimental treatment in the USA, brought important debates about the moral status of parents and children to the public eye. After setting out the facts of the case, this article considers some of these debates through the lens of parental rights. Parental rights are most commonly based on the promotion of a child’s welfare; however, in Charlie’s case, promotion of Charlie’s welfare cannot explain every fact of (...) the case. Indeed, some seem most logically to extend from intrinsic parental rights, that is, parental rights that exist independent of welfare promotion. I observe that a strong claim for intrinsic parental rights can be built on arguments for genetic propriety and children’s limited personhood. Critique of these arguments suggests the scope of parental rights remains limited: property rights entail proper use; non-personhood includes only a small cohort of very young or seriously intellectually disabled children and the uniqueness of parental genetic connection is limited. Moreover, there are cogent arguments about parents’ competence to make judgements, and public interest arguments against allowing access to experimental treatment. Nevertheless, while arguments based on propriety may raise concerns about the attitude involved in envisioning children as property, I conclude that these arguments do appear to offer a prima facie case for a parental right to seek experimental treatment in certain limited circumstances. (shrink)

This paper advances a framework to conceptualize societal care-giving arrangements abstractly. It is abstract in that it brackets the meaning of our particular relationships. This framework, which I call “the arrow of care map”, is a descriptive tracking model that is a necessary component of a theory of justice, but it is not a normative prescription in itself. The basic idea of the map is then multiply specifiable to track various ascriptive identity categories as well as different categories of care (...) labor. In this way, the idea of the arrow of care map serves as a conceptual frame within which to begin to understand every human society’s care-giving arrangement. I characterize it as a component of “ideal theory” insofar as it seeks to clarify our values, without the immediate aim of formulating principles to govern a just society. The resultant partial theory of justice is one that responds to non-ideal theory’s critiques of the ideological nature of liberal contractarianism’s idealizations and abstractions while moving towards new visions of a just society. (shrink)

The value of autonomy is a hallmark of liberal doctrine. It would seem to follow that liberals must reject the practice of “arranged marriage” on the grounds that the “arranging” component of the practice eschews autonomy and individuality. However, in policy debates in Great Britain, the difference between “arranged marriage” and “forced marriage” has been defined as the presence of autonomy or free choice for an arranged marriage and their absence in cases of forced marriage. A paradox seems to result: (...) arranged marriage is defined as a marriage practice that both rejects autonomy and requires autonomy. In this article, I will show that the resultant paradox arises from the inadequacy of the autonomy analysis rather than from any intrinsically puzzling feature of arranged marriage. I then offer an alternative normative framework to assess arranged marriage’s potential contribution to a just society. My tri-metric analysis for arranged marriage includes the autonomy of the participants (Metric 1), as well as two societal metrics: the fairness of the distribution of care-giving labor (Metric 2) and the degree to which the society meets its members’ legitimate needs for care (Metric 3). (shrink)

On February 22, 2001, three Bosnian Serb soldiers were found guilty of crimes against humanity. Their offense? Rape. This is the first time that rape has been prosecuted and condemned as a crime against humanity. Appealing to Jacques Derrida's democracy of the perhaps and Judith Butler's politics of performative contradiction, I see this judgment inaugurating a politics of the vulnerable body which challenges current understandings of evil, war crimes, and crimes against humanity.

In this article, I present the arguments of three republican women philosophers of eighteenth-century France, focusing especially on two themes: equality (of class, gender, and race) and the family. I argue that these philosophers, Olympe de Gouges, Marie-Jeanne Phlipon Roland, and Sophie de Grouchy, who are interesting and original in their own right, belong to the neo-republican tradition and that re-discovering their texts is an opportunity to reflect on women’s perspectives on the ideas that shaped our current political thought.

Motherhood, as it is practiced, constitutes an obstacle to gender equality in political participation. Several options are available as a potential solution to this problem. One is to advice women not to become mothers, or if they do, to devote less time and energy to caring for their children. However this will have negative repercussions for those who need to be cared for, whether children, sick people or the elderly. A second solution is to reject the view that political participation (...) is an important or necessary part of human flourishing, and allow that those who engage in caring activities can live good lives without having a say in how they are ruled. This has negative consequences for the carers who find themselves in a position, if not of direct oppression, of being dominated, and therefore susceptible of being oppressed. The solution I propose, inspired by the writings of Sophie de Grouchy, is that we look for a form of republicanism that regards caring activities as a form of political participation. (shrink)

On February 22, 2001, three Bosnian Serb soldiers were found guilty of crimes against humanity. Their offense? Rape. This is the first time that rape has been pros-ecuted and condemned as a crime against humanity. Appealing to Jacques Derrida's democracy of the perhaps and Judith Butler's politics of performative contradiction, I see this judgment inaugurating a politics of the vulnerable body which challenges current understandings of evil, war crimes, and crimes against humanity.

: On February 22, 2001, three Bosnian Serb soldiers were found guilty of crimes against humanity. Their offense? Rape. This is the first time that rape has been prosecuted and condemned as a crime against humanity. Appealing to Jacques Derrida's democracy of the perhaps and Judith Butler's politics of performative contradiction, I see this judgment inaugurating a politics of the vulnerable body which challenges current understandings of evil, war crimes, and crimes against humanity.

Jürgen Habermas’s opus magnum, Auch eine Geschichte der Philosophie, synthesises his impressive work of the last half century. His thesis is that the modern project of the normativity of “rational freedom” can be reconstructed as a learning process of the conflictual dialogue between reason and faith, philosophy and religion in the West. Furthermore, under conditions of a world society, cross-cultural communication across lifeworlds, based on such normative principles, is possible. I argue that Habermas’s argument recapitulates a claim first made in (...) The Phenomenology of Spirit by Hegel, who presented the normativity of modernity through a narrative unfolding between two epistemological standpoints, namely, that of consciousness and “we.” Just like Hegel, in order to defend the idea of a Lernprozess, Habermas too must presuppose a unified subject called “we;” furthermore the development of such subjectivity unfolds in a homogeneous temporal process that is then assumed to be the same for all mankind. I call this a form of “historicism,” and juxtapose recent historical writing that presents the narrative of modernity and the emergence of world-society as a much more diverse and fractured process than Hegel’s and Habermas’s methodology. “Die Einbeziehung der Anderen,” I argue, must involve including the voices of those others who do not experience the normative of modernity as a process like the one unfolding between faith and reason in the West. Nevertheless, I conclude that this plea for a more complex narrative that “provincialises Europe,” is not a rejection of the normative legacy of modern rationality and freedom that are based on the ideals of fallibilism, refutability and revisability through a rational community of inquirers. (shrink)

Recent calls for reinstituting mandatory home economics education have emphasized its potential to advance gender egalitarian aims. The thought is that, because women’s disproportionate performance of caregiving and household labor is partially caused by gender socialization that better prepares women than men for such work, we can disrupt gender inegalitarian work distributions by preparing everyone for the sort of work in question. The curricula envisioned in these calls are gender-neutral, in the sense that they recommend identical educational interventions for all (...) genders. By exploiting a parallel between gender-neutral educational policies and gender-neutral family leave policies, we argue first that gender-neutral home economics instruction is unlikely to advance gender egalitarian aims, and may in fact reinforce the very outcomes it is meant to disrupt. However, we further argue that a more radical home economics curriculum could avoid these difficulties. To the extent that we value educational interventions as a possible means for advancing gender egalitarian aims, we have good reason to seriously consider adopting a gender non-neutral program in which all and only boys receive mandatory caregiving instruction. (shrink)

How does so much gender inequality endure in an era when many laws and policies endorse principles of gender equality? This essay examines this dilemma by considering Susan Moller Okin's criticism of “false gender neutrality,” research on implicit bias, and the shifting relation of gender bias to American law. I argue that these are crucial elements of the modern cycle of gender inequality, enabling it to operate through a perverse “invisible-hand” mechanism. This framework helps convey how underlying gender bias influences (...) individual behaviors that generate, legitimate, and mask broad patterns of inequality. Contemporary legal conflicts reflect many of these dynamics, which appear in controversies over gender-based violence, gender discrimination in pay and promotion, and women's reproductive health care benefits. This analysis advances our understanding of how the contemporary cycle of gender inequality operates, the complex links between individual behavior and structural bias, and the difficulty of pursuing gender justice through prevailing frameworks of law and liberalism. It also underscores the continued importance of feminists' collective work to address “invisible” as well as visible biases. (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)