This Element examines Kant's innovative account of labour in his political philosophy and develops an intersectional analysis of Kant. By demonstrating that Kant's analysis of slavery, citizenship, and sex developed in inter-linked ways over several decades, culminating in his development of a 'trichotomy' of Right, the author shows that Kant's normative account of independence is configured through his theory of labour, and is continuous with his anthropological accounts of race and gender, providing a systemic justification for the dependency of women (...) and non-whites embedded in his philosophy of right. By examining Kant's arguments about slavery as intertwined with his account of domestic labour, the author argues that his ultimate rejection of slavery may owe more to his changing conceptualization of labour than to his theory of race, and that his final arguments against slavery rehearse strategies for embedding intersectional patterns of domestic dependence in his account of the rightful state. (shrink)

I defend the right to an abortion at any stage of pregnancy by drawing on a Kantian account of consent and innate right. I examine how pregnant women are positioned in moral and legal debates about abortion, and develop a Kanitan account of bodily autonomy in order to pregnant women’s epistemic authority over the experience of pregnancy. Second, I show how Kant's distinction between innate and private right offers an excellent legal framework for embodied rights, including abortion and sexual consent, (...) and I draw on the legal definition of sexual consent in order to show how abortion discourse undermines women's innate right. I then explore Kant’s treatment of the infanticidal mother, and draw out the parallels between this case and contemporary abortion rights in order to develop a distinctly Kantian framework of reproductive rights in non-ideal conditions. Finally, I explore the implications of this non-ideal approach for contemporary abortion discourse, arguing that debates about the legality of abortion should more broadly engage the barbaric conditions of reproductive injustice. (shrink)

In this essay, I draw on Kant’s legal philosophy in order to defend the right to voluntary motherhood by way of abortion at any stage of pregnancy as an essential feature of women’s basic rights. By developing the distinction between innate and acquired right in Kant’s legal philosophy, I argue that the viability standard in US law (as established in Planned Parenthood v. Casey) misunderstands the nature of embodied right. Our body is the site of innate right; it is the (...) means through which we can set and pursue ends in the world. The law, therefore, cannot adjudicate the relationship between the will and the body: it cannot require us to allow our bodies to be used against our will. By comparing unwanted pregnancy to sexual assault, I problematize the notion that consent to pregnancy, like consent to sex, can ever be conclusive. I examine Kant’s own account of unwanted pregnancy, in which he describes mother and child finding themselves “in a state of nature” in order to rethink the status of the fetus in law, and I argue that we should understand the fetus’s right to life as provisional, rather than as enforceable by law. (shrink)

ABSTRACT. Public discourse about ethics in the COVID-19 pandemic has tended to focus on scarcity of resources and the protection of civil liberties. We show how these preoccupations reflect an established disaster imaginary that orients the ethics of response. In this paper, we argue that pandemic ethics should instead be oriented through a relational account of persons as vulnerable vectors embedded in existing networks of care. We argue for the creation of a new disaster imaginary to shape our own understandings (...) of the interrelated social, political, and economic hardships under conditions of social distancing. We develop a pandemic ethics framework rooted in uBuntu and care ethics that makes visible the underlying multidimensional structural inequities of the pandemic, attending to the problems of resource scarcity and inequities in mortality while insisting on a response that surges existing and emergent forms of solidarity. (shrink)

This paper formulates a response to standard accounts of Kantian sexual morality, by first clarifying why sex should be understood as a case of using a person as a thing, rather than merely as a means. The author argues that Kant’s remedy to this problem is not sexual consent, but a model of setting and sharing sexual ends. Kant’s account of sexual morality, read in this way, is a critical framework for contemporary moves to think beyond consent, and to grapple (...) with concerns about sexual violation and “bad sex” that have gained uptake in the wake of the MeToo movement. The author defends an account of sex as a process of setting and sharing sexual ends in a Kantian key, which provides us with resources for thinking about the robust ongoing project of making our sexual selves in nonideal conditions, as well as for identifying the wrongs of both “bad” sex and sexual harassment. In doing so, they offer a critical middle ground between contemporary accounts of sexual morality that center questions of individual agency or autonomy, and those that foreground the intersubjective nature of sex. (shrink)

In “Rethinking Race and Gender in Kant: Toward a Non-Ideal, Intersectional Kant,” Jordan Pascoe argues that Kant’s moral philosophy is productively read through the “non-ideal” lens of the sociopolitical concerns he faced and espoused. This lens in turn offers possibilities for thinking differently about the particular articulation that his formal principles take. She defends a non-ideal, modified methodological approach in which Kant’s problematic conception of race and gender are opportunities for expanding our reflection on Kant’s moral philosophy as a whole.

This paper explores Kant's account of marriage and its relevance to contemporary debates over same-sex marriage. Kant's defense of marriage is read against debates unfolding in Prussia in the 1790s, when the question of whether marriage was a "universal estate" was a central point of debate surrounding the Prussian Legal Code of 1794. By reading Kant's arguments in light of this historical context, and in comparison with those offered by his contemporaries, Fichte and von Hippel, this article shows both that (...) the debates about marriage in the 1790s mirror contemporary tensions, and that Kant took a "middle path" that innovatively defended marriage as a basic feature of the state. (shrink)

The purity test scandal highlights a pervasive double standard: reputations shape the lives of just about everyone, but to be declared a slut is to be publicly denied the right to even basic kinds of respect. This chapter talks about purity test results where Meg Manning finds out that her score of 48 is plastered across her locker, along with the word “slut.” The locker next to hers, however, is marked with a 32 and the words “You're the best!” Either (...) this locker belongs to a girl being mocked for her low score or it belongs to a guy being praised. Veronica Mars doesn't take the test, but a fake score is posted for her anyway—a shamefully low 14. The purity test reminds us that sluts and studs aren't terribly different. The only difference is that studs are applauded for their reputation, while sluts are shamed for theirs. (shrink)

The article offers a challenge to, and an invocation of, the values of Lasallian mission against rape culture. It addresses the continuum of violence, from outright misogynistic terrorism to an ongoing threat of assault and harassment, to the normalization of emotional and physical coercion of (primarily) women; and it explores historical responses within the Lasallian tradition to this pervasive problem in society and identifies a few rich resources within its underlying charism for tackling this pernicious evil (the virtue of silence (...) / listening & a paradigm of association). The Lasallian obligation to address rape culture and attitudes of patriarchal normalcy is articulated; and a challenge is issued to actively teach students about healthy relationships, gender norms, and sexuality. Women and men on college campuses need to be willing to engage these difficult but necessary conversations and take responsibility for their part in the transformations needed in society and on college campuses. (shrink)

Book Reviews Jordan Pascoe, Kantian Review, FirstView Article.