Journal of Social Philosophy, EarlyView.

Journal of Social Philosophy, EarlyView.

Journal of Social Philosophy, EarlyView.

This paper develops the conceptual framework of ’sex contextualism’ for the study of sex-related variables in biomedical research. Sex contextualism offers an alternative to binary sex essentialist approaches to the study of sex as a biological variable. Specifically, sex contextualism recognizes the pluralism and context-specificity of operationalizations of ’sex’ across experimental laboratory research. In light of recent policy mandates to consider sex as a biological variable, sex contextualism offers constructive guidance to biomedical researchers for attending to sex-related biological variation. As (...) an alternative to and critique of biological binary sex essentialism, sex contextualism contributes to current debates in philosophy of biology, feminist science studies, and social ontology on the construction of categories of gender/sex differences in scientific research. (shrink)

In late 2006, the Department of Education changed the Title IX regulations to broaden the permissibility of single-sex education in primary and secondary schools. The changes took place in the context of a growing concern over the performance and well-being of boys in American schools. This article describes, dissects, and critically analyzes the narrative about boys, masculinity, and single-sex education that surrounded these changes. The public narrative about the need for single-sex education focused, in substantial part, on what I call (...) the essentialist myth of masculinity. This article catalogs the important components of this myth: heteronormativity, aggression, activity, sports-obsession, competitiveness, stoicism, and not being girls. The article then shows, using education and gender theory, that this conception of masculinity is harmful to both girls and boys. Instead of pushing this form of masculinity, the law and schools should make room for multiple and varied masculinities for boys (and girls). The article argues that the Title IX regulatory change that allows for the expansion of single-sex schooling can actually work to further empower and entrench the essentialist myth of masculinity, thus violating its own prohibition on sex stereotyping. By adopting strong interpretations of already-existing jurisprudence about gender stereotyping from both constitutional law and Title IX, the article shows how de-essentializing masculinity is possible and preferable in the law. The article concludes that schools that implement single-sex education must do so for reasons other than promoting an essentialized notion of masculinity and that the law must be vigilant in ensuring that schools' implementation not further reify dominant conceptions of what it means to be a boy. (shrink)

This chapter surveys essentialist and anti-essentialist theories of sex and gender. It does so by engaging three approaches to sex and gender: externalism, internalism, and contextualism. The chapter also draws attention to two key debates about sex and gender in the feminist literature: the debate about the sex/gender distinction (the distinction debate) and the debate about whether sex and gender have essences (the essentialism/anti-essentialism debate). In addition, it describes three problems that theories of sex and gender tend to (...) face: the Inclusion Problem, the Definition Problem, and the Exclusion Problem. Lastly, the chapter highlights why the division between essentialist and anti-essentialist accounts of sex and gender is not clear. (shrink)

Browne 1 (this issue ) argues that what may appear to be a benevolent practice-disclosing the sex of a fetus to expecting parents who wish to know-is in fact an epistemically problematic and, as a result, ethically questionable medical practice. Browne worries that not only will the disclosure of fetal sex encourage sex-selective abortions (an issue we will not take up here), but also that it will convey a misleading and pernicious message about the relationship between sex and gender. More (...) specifically, she contends that the practice of disclosure is problematic because (1) it purports to establish the gender of the developing baby based on information about the baby's sex, whereas this is not a warranted inference because while sex is determined by biological factors, gender is determined by social factors and (2) it conflates (biological) sex with (social) gender or encourages such conflation or reduction and thereby promotes 'essentialistic' thinking about gender that is closely linked to sexism and social injustice. If (1) is true, then disclosing fetal sex amounts to misinforming or misleading prospective parents-and since misinforming patients is wrong, the act of disclosing is also wrong. However, beyond the wrongs of misinforming patients, the practice also perpetuates the harms associated with a rigidly gendered society through endorsing the message in (2), thus lending the authority of the medical profession to the gender-essentialist ideas that have underpinned, and continue to drive, sexism and social injustice. This analysis leads Browne to recommend that clinicians be prohibited from informing parents about the sex of their developing fetus. -/- We agree with Browne that gender essentialism-the notion that 'femaleness' and 'maleness' carve out distinct natural classes with innate, immutable properties-is not only a false metaphysical thesis, but also a pernicious idea insofar as the sexist attitudes it fosters motivate policies that systematically violate the human rights of women, as well as those of the LGBTQ community. However, we do not think that the disclosure of fetal sex misinforms prospective parents about the gender of their baby, nor do we believe that such disclosure presupposes or promotes gender essentialism properly understood. (shrink)

Non-medical sex selection is premised on the notion that the sexes are not interchangeable. Studies of individuals who undergo sex selection for non-medical reasons, or who have a preference for a son or daughter, show that they assume their child will conform to the stereotypical roles and norms associated with their sex. However, the evidence currently available has not succeeded in showing that the gender traits and inclinations sought are caused by a “male brain” or a “female brain”. Therefore, as (...) far as we know, there is no biological reason why parents cannot have the kind of parenting experience they seek with a child of any sex. Yet gender essentialism, a set of unfounded assumptions about the sexes which pervade society and underpin sexism, prevents parents from realising this freedom. In other words, unfounded assumptions about gender constrain not only a child’s autonomy, but also the parent’s. To date, reproductive autonomy in relation to sex selection has predominantly been regarded merely as the freedom to choose the sex of one’s child. This paper points to at least two interpretations of reproductive autonomy and argues that sex selection, by being premised on gender essentialism and/or the social pressure on parents to ensure their children conform to gender norms, undermines reproductive autonomy on both accounts. (shrink)

In “Analyzing COVID-19 Sex Difference Claims: The Harvard GenderSci Lab,” Marion Boulicault and Sarah Richardson summarize some of the groundbreaking work that they’re doing at the Harvard GenderSci Lab. Since March 2020, their lab has been analyzing, interrogating, and critiquing sex essentialist explanations of COVID-19 outcome disparities that are fairly ubiquitous in news media. Using interdisciplinary tools from feminist philosophy, science studies, and critical public health, they work collaboratively with two goals: (i) to critically examine COVID-19 sex difference research and (...) (ii) to explore and elevate the role of social variables in driving biological disparities. They argue that in public health research, media, and messaging, data on sex disparities must be contextualized both to avoid reinforcing harmful sex essentialist assumptions and also to help the public understand the complex ways in which social factors influence these patterns. They argue that within the context of COVID-19, doing so can both clarify risks and save lives. Their contribution to this issue describes their methods and shares some of their findings. (shrink)

It has been claimed that certain forms of individual essentialism render the Theory of Natural Selection unable to explain why any given individual has the traits it does. Here, three reasons are offered why the Theory ought to ignore these forms of essentialism. First, the trait-distributions explained by population genetics supervene on individual-level causal links, and thus selection must have individual-level effects. Second, even if there are individuals that possess thick essences, they lie outside the domain of the (...) Theory. Finally, the contingency of sexual reproduction suggests that essentialism is misguided in this arena. 1 The problem 2 A reprise of the controversy 3 Enter individual essences 4 How can selection not have individual-level effects? 5 Why can't we get rid of essences we don't like? 6 Is sex necessary? (shrink)

Although medical providers rely on similar tools to “treat” intersex and trans individuals, their enactment of medicalization practices varies. To deconstruct these complexities, we employ a comparative analysis of providers who specialize in intersex and trans medicine. While both sets of providers tend to hold essentialist ideologies about sex, gender, and sexuality, we argue they medicalize intersex and trans embodiments in different ways. Providers for intersex people are inclined to approach intersex as an emergency that necessitates medical attention, whereas providers (...) for trans people attempt to slow down their patients’ urgent requests for transitioning services. Building on conceptualizations of “giving gender,” we contend both sets of providers “give gender” by “giving sex.” In both cases too, providers shift their own responsibility for their medicalization practices onto others: parents in the case of intersex, or adult recipients of care in the case of trans. According to the accounts of most providers, successful medical interventions are achieved when a person adheres to heteronormative gender practices. (shrink)

In the political discourse regarding gender identity, the concept of biological sex has been weaponised by gender critical commentators to oppose gender affirmation for trans people. Recently, these commentators have appealed to an essentialist model of sex based on anisogamy, or relative gamete size, to argue that one’s sex is an immutable characteristic. I argue that the gender critical argument is unsound. The diverse purposes of sex classification and the complex variability of people’s sexual characteristics show that an essentialist model (...) is untenable. I then consider how a more adequate theoretical framework from the philosophy of biology can accommodate this complexity and capture how sex is classified in relevant contexts. Further implications of the framework are explored which concern the vagueness, polysemy, and mutability of sex. These undercut the gender critical argument and show that the appeal to biological sex fails to undermine gender affirmation for trans people. (shrink)

I argue that Irigaray's recent work develops a theoretically cogent and politically radical form of realist essentialism. I suggest that she identifies sexual difference with a fundamental difference between the rhythms of percipient fluids constituting women's and men's bodies, supporting this with a philosophy of nature that she justifies phenomenologically and ethically. I explore the politics Irigaray derives from this philosophy, which affirms the sexes' rights to realize the possibilities of their rhythmically diverse bodies.

I argue that Irigaray's recent work develops a theoretically cogent and politically radical form of realist essentialism. I suggest that she identifies sexual difference with a fundamental difference between the rhythms of percipient fluids constituting women's and men's bodies, supporting this with a philosophy of nature that she justifies phenomenologically and ethically. I explore the politics Irigaray derives from this philosophy, which affirms the sexes' rights to realize the possibilities of their rhythmically diverse bodies.

: I argue that Irigaray's recent work develops a theoretically cogent and politically radical form of realist essentialism. I suggest that she identifies sexual difference with a fundamental difference between the rhythms of percipient fluids constituting women's and men's bodies, supporting this with a philosophy of nature that she justifies phenomenologically and ethically. I explore the politics Irigaray derives from this philosophy, which affirms the sexes' rights to realize the possibilities of their rhythmically diverse bodies.

Some scholars attempt to explain sexual desire biologically by claiming that sex hormones play a necessary causal role in sexual desire. This can be claimed even if sexual desire is seen to be an experience. Yet the evidence for such biological essentialism is inadequate. With males the loss of sexual desire following hormonal changes can easily be explained in terms of social stigmas that are attached to the physiological situation. Concerning females, the relevance of sex hormones here is even (...) more unclear. Although some women seem to have fluctuations in sexual desire during hormonal changes, other women do not. Even where there are such fluctuations these can be explained by responses to other physiological changes or the meanings that are attached to the situation. Research with non-human primates supports this view of the non-essential relation of sex hormones to sexual desire. A phenomenology of sex hormones is given that shows a possible non-essential relation between sex hormones and sexual desire. Here hormone induced excitations in the genitals may or may not lead to sexual desire depending on the meaning they are given within awareness. This suggests that sexual desire has its origin in the meanings we give our biology and not in our biology itself. (shrink)

“I am only what I make myself to be”, Fichte tells us. In this paper, I outline Fichte’s views on sex, marriage and gender, with two aims. Firstly, to elucidate an aspect of his moral theory which has received little attention, and secondly to argue that Fichte’s distinctive stance on selfhood, freedom, and normativity lead to a revisionary account of gender expression and identity, where people can freely carve out their own identity, irrespective of “nature”. In this paper, I therefore (...) outline Fichte’s own views, highlighting what I see as a tension in the texts between essentialism and antiessentialism about gender, before reconstructing a neo-Fichtean view which foregrounds the anti-essentialist aspect. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 29.3 (1999) 81-101 [Access article in PDF] Sex without Sex, Queering the Market, the Collapse of the Political, the Death of Difference, and AIDS: Hailing Judith Butler Brett Levinson It is interesting to note that in Judith Butler's study of the social construction of sex, Gender Trouble (as well as in the sequel, Bodies That Matter), one finds barely a trace of sex. Or to put matters more (...) bluntly: in Butler's study of gender critiques that avoid or dismiss the matters of hetero- and homosexuality, in her examination of the relationship of gayness and lesbianism to feminism, and in her exposition of a politics of queerness--as to fucking, not a word. This omission is not tangential to Gender Trouble. It determines Butler's entire undertaking. 1. The (In)difference of Performance By illustrating that sex, like gender, is a social construction, Butler strives to tear not sex but both sex and gender from biological essentialism. For as Butler insists, as soon as we imagine sex (woman/man) as naturally given, and gender (feminine/masculine) as a product of social forces, we fall into the very gender essentialism that we seemingly called into question. This is because the sex/gender binary makes sex the ground of gender: a woman may be masculine or feminine, and she may subvert the social norms that demand that women act in a certain manner. But throughout all of these gender reversals, she remains a woman. Her behavior, therefore, is either far from her sex (if she is subversive) or close to it (if she conforms). But in either case, it is measured in terms of that sex, which stands as the essence or foundation of the conduct. Hence, within such a discourse, gender stereotypes do not actually emerge as social (thereby deconstructible) constructs since the substructure (sex) of their edifice is given prior to production.This thesis, which ultimately reveals that the sex/gender split reproduces the woman/man binary--the foundation of sexism--opens the way for one of Butler's most renowned interventions: her theory of performativity. Butlerian performance traces the intersection of Derrida's concept of mimesis and Foucault's understanding of power. Derrida argues that if a mark (in writing) or a sound (in speech) is to form part of a language, it must be iterable. Language hinges on social conventions, and social conventions on repetition, ritual. Repetition, therefore, does not follow (from) a pregiven [End Page 81] [Begin Page 83] sign but is a condition of its possibility: a sign must be repeatable before it is a sign. 1Derrida often translates these ideas into an analysis of "the citation," a fact Butler fully exploits. An articulation, Derrida argues, must be a priori citable (again, iterable) if it is to function as an articulation, as a "speech act." This means that deviance, miscitation, recontextualization, and the possible transformation or loss of an enunciation--any or all of which could occur via a citation--belong essentially to that enunciation. The repetitions that yield rituals, habits, and then norms are the same iterations that undermine those norms. But this is true not only for speech. It holds as well for the law: the citing, execution, reading, writing, and acknowledgment of the law, hence the possibility of the law's shift and even disappearance, pertain to the law's groundwork.Gender Trouble posits patriarchy and compulsive heterosexuality as two such citable laws. And as laws, they are powerful but not inevitable. Indeed, because the law of normalcy harbors its own deviance as a condition of its public emergence or deployment, this normalcy opens the way for its own transgression. One is indeed subject to the law of the norm. But this subjection cannot not grant the very alternative agency/subjectivity it strives to suppress.Hence for Butler, queer types such as the "femme" or the "butch," as they perhaps flaunt (through dress, bodily image, or public demonstration) the constructed character of their own sexual identities, recite and dis-cover the constructed, artificial... (shrink)

The neuroscientific investigation of sex differences has an unsavoury past, in which scientific claims reinforced and legitimated gender roles in ways that were not scientifically justified. Feminist critics have recently argued that the current use of functional neuroimaging technology in sex differences research largely follows that tradition. These charges of ‘neurosexism’ have been countered with arguments that the research being done is informative and valuable and that an over-emphasis on the perils, rather than the promise, of such research threatens to (...) hinder scientific progress. To investigate the validity of these contrasting concerns, recent functional magnetic resonance imaging (fMRI) investigations of sex differences and citation practices were systematically examined. In line with the notion of neurosexism, the research was found to support the influence of false-positive claims of sex differences in the brain, to enable the proliferation of untested, stereotype-consistent functional interpretations, and to pay insufficient attention to the potential plasticity of sex differences in both brain and mind. This, it is argued, creates a literature biased toward the presentation of sex differences in the brain as extensive, functionally significant, and fixed—and therefore implicitly supportive of a gender essentialist perspective. It is suggested that taking feminist criticisms into account would bring about substantial improvement in the quality of the science, as well as a reduction in socially harmful consequences. (shrink)

This paper argues that the ‘double-standard’ applied to male and female tourists’ sexual behaviour reflects and reproduces weaknesses in existing theoretical and commonsense understandings of gendered power, sexual exploitation, prostitution and sex tourism. It looks at how essentialist constructions of gender and heterosexuality blur understandings of sexual exploitation and victimhood and argues that racialized power should also be considered to explore the boundaries between commercial and non-commercial sex. This paper is based on ethnographic research on sexual–economic exchanges between tourist women (...) and local men and boys in the informal tourist economy in Jamaica and the Dominican Republic. (shrink)

Feminist scholars have critically analyzed the effects of sex segregation in numerous social institutions, yet sex-segregated sport often remains unchallenged. Even critics of sex-segregated sport have tended to accept the merits of women-only teams at face value. In this article, we revisit this issue by examining the underlying assumptions supporting women’s and girls’ teams and explore how they perpetuate gender inequality. Specifically, we analyze the 14 U.S. court cases wherein adolescent boys have sought to play on girls’ teams in their (...) respective high schools. The courts’ decisions reveal taken-for-granted, essentialist assumptions about girls’ innate fragility and athletic inferiority. While the courts, policy makers, and many feminist scholars see maintaining teams for girls and women as a solution to the problem of boys’ and men’s dominance in sport, the logic supporting this form of segregation further entrenches notions of women’s inferiority. (shrink)

In 2002, Evolution and Human Behavior published a study purporting to show that the differences in toy preferences commonly attributed to girls and boys can also be found in male and female vervet monkeys, tracing the origin of these differing preferences back to a common ancestor. Despite some flaws in its design and the prima facie implausibility of some of its central claims, this research received considerable attention in both scientific circles and the popular media. In what follows, I survey (...) some of the problems with this study that seem to be characteristic of research into sex differences in a particular research program in evolutionary psychology. I suggest that an epistemology of ignorance is at work that suppresses the methods and insights of an earlier research program, which emphasized the complexity and contingency that ultimately grounds the variety of human behaviors, in favor of one that has been widely criticized as empirically flawed and politically pernicious. I conclude with some speculative remarks on the persistence of this problematic research program in evolutionary psychology. (shrink)

This article returns to Simone de Beauvoir’s philosophical oeuvre in order to offer a way of thinking beyond contemporary feminist divisions created by ‘gender critical’ or trans-exclusionary feminists. The ‘gender critical’ feminist position returns to sex essentialism to argue for ‘abolishing’ gender, while opponents often appeal to proliferated gender self-identities. I argue that neither goes far enough and that they both circumscribe utopian visions for a world beyond both sex and gender. I chart how Beauvoir’s ontological, ethical and political (...) positions can be used to overcome the material/cultural, sex/gender bind that the contemporary divide perpetuates. I outline Beauvoir’s ‘ambiguous’ non-foundational ontology that attends to both the cultural origins, and material effects, of both sex and gender, and to the extent that humyns are fundamentally social. After outlining Beauvoir’s definition of freedom as purposive action, I then outline how the existence of the humyn-made and intersubjectively-upheld ‘situations’ of both sex and gender delimit this, urging feminists to return to the lost question of eradicating both. I use the utopian impulse in Beauvoir to argue that an ethics of reciprocity is an alternative mode of understanding the self and others. Beauvoir also calls for a political strategy that I call a ‘utopian realism’ that I apply to the contemporary divide. A way forward that is attentive to the concerns of both positions is the pragmatic use of identity politics that is nonetheless mindful of identity’s limits, alongside Beauvoir’s proto-intersectional vision of solidarity politics based not on identity but on a position of alterity and shared political strategy. Ultimately, I use this to argue that feminism would do better to unite around a shared commitment to challenging alterity, rather than further contributing to it. (shrink)

This essay examines the proposal that psychological essentialism results from a history of natural selection acting on human representation and inference systems. It has been argued that the features that distinguish essentialist representational systems are especially well suited for representing natural kinds. If the evolved function of essentialism is to exploit the rich inductive potential of such kinds, then it must be subserved by cognitive mechanisms that carry out at least three distinct functions: identifying these kinds in the (...) environment, constructing essentialized representations of them, and constraining inductive inferences about kinds. Moreover, there are different kinds of kinds, ranging from nonliving substances to biological taxa to within-species kinds such as sex, and the causal processes that render these categories coherent for the purposes of inductive generalization vary. If the evolved function of essentialism is to support inductive generalization under ignorance of true causes, and if kinds of kinds vary in the implicit assumptions that support valid inductive inferences about them, then we expect different, functionally incompatible modes of essentialist thinking for different kinds. In particular, there should be differences in how biological and nonbiological substances, biological taxa, and biological and social role kinds are essentialized. The functional differences between these kinds of essentialism are discussed. (shrink)

This essay examines the proposal that psychological essentialism results from a history of natural selection acting on human representation and inference systems. It has been argued that the features that distinguish essentialist representational systems are especially well suited for representing natural kinds. If the evolved function, of essentialism is to exploit the rich inductive potential of such kinds, then it must be subserved by cognitive mechanisms that carry out at least three distinct functions: identifying these kinds in the (...) environment, constructing essentialized representations of them, and constraining inductive inferences about kinds. Moreover, there are different kinds of kinds, ranging from nonliving substances to biological taxa to within-species kinds such as sex, and the causal processes that render these categories coherent for the purposes of inductive generalization vary. If the evolved function of essentialism is to support inductive generalization under ignorance of true causes, and if kinds of kinds, vary in the implicit assumptions that support valid inductive inferences about them, then we expect different, functionally incompatible modes of essentialist thinking for different kinds. In particular, there should be differences in how biological and nonbiological substances, biological taxa, and biological and social role kinds are essentialized. The functional differences between these kinds of essentialism are discussed. (shrink)

Strategically pursuing the time-honoured notion of tactical essentialism I explore some of the unworked themes from my old porno-theories concerning the sexual as a site of reflection, the literal deferral of jouissance in favour of a moment of insight. In order to do this I locate my argument in pages from the diaries of an old friend and bar colleague in Paris, J, which extend over three decades of gay life and contain innumerable scenes of sexual abandonment, written in (...) a lucidly quotidian prose. I work from a series of Thursdays, which contain descriptions of J's weekly visits to the Keller Bar and in which, from the early 1990s, I figure from time to time. The unfolding of queer theory from early Butler onwards will thus be exposed to the light of ‘witness’ or ‘oral experience’, rethinking this old contradiction of people's history and cultural studies and taking some measure of theory's adequacy to make abstractions of such material. J was a founder member of Act Up-Paris and of the Sex Grenades, friend of Guillaume Dustan and others, so his accounts are anyway charged with an environment whose figuring in queer theory is essential to its ongoing development. (shrink)

Several decades ago, feminists differentiated between the biologically given basis of sex identity (sex) and the socially constructed cultural practices anchored by sex identity (gender). In recent years, many feminists have challenged that distinction, arguing that biological sex is as much a social construct as are the practices comprising gender. I survey two examples from biological studies of sex identity that, by contrast (I maintain), warrant saving the concept of biologically given sex identity. The result is not antithetical to feminism, (...) however, since these studies also suggest that sex identity proliferates beyond the rigid female/male dichotomy. If articulated carefully, this view can avoid metaphysically essentialist baggage while enriching feminist conceptions of sex identity. (shrink)

In this article I flesh out support for observations that scientific accounts of social groups can influence the very groups and mental phenomena under investigation. The controversial hypothesis that there are hardwired differences between the brains of males and females that contribute to sex differences in gender-typed behaviour is common in both the scientific and popular media. Here I present evidence that such claims, quite independently of their scientific validity, have scope to sustain the very sex differences they seek to (...) explain. I argue that, while further research is required, such claims can have self-fulfilling effects via their influence on social perception, behaviour and attitudes. The real effects of the products of scientists’ research on our minds and society, together with the fact that all scientific hypotheses are subject to dispute and disconfirmation, point to a need for scientists to consider the ethical implications of their work. (shrink)

Recently, scholars and activists have turned their attention toward improving the measurement of sex and gender in survey research. The focus of this effort has been on including answer options beyond “male” and “female” to questions about the respondent’s gender. This is an important step toward both reflecting the diversity of gendered lives and better aligning survey measurement practice with contemporary gender theory. However, our systematic examination of questionnaires, manuals, and other technical materials from four of the largest and longest-running (...) surveys in the United States indicates that there are a number of other issues with how gender is conceptualized and measured in social surveys that also deserve attention, including essentialist practices that treat sex and gender as synonymous, easily determined by others, obvious, and unchanging over the life course. We find that these understandings extend well beyond direct questions about the respondent’s gender, permeating the surveys. A hyper-gendered world of “males” and “females,” “brothers” and “sisters,” and “husbands” and “wives” shapes what we can see in survey data. If not altered, surveys will continue to reproduce statistical representations that erase important dimensions of variation and likely limit understanding of the processes that perpetuate social inequality. (shrink)

Both advocates and opponents of lesbian, gay, and bisexual rights make reference to whether and how sexual orientations are embodied, namely whether one's sexual orientation is innate, unchangeable, or a "natural fact". In particular, in the United States, discussion centers on whether LGB people are "born that way" or "choose" to be gay. In litigation about LGB rights, this discussion connects to the so-called immutability factor in the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution and in (...) similar clauses in state constitutions. My presentation surveys the surrounding conceptual and the legal issues and focuses on how they play out in the context of recent court cases related to marriage for same-sex couples. I argue that in legal as well as political and social contexts, it is a better strategy to focus on justice, equality and fairness and to avoid biological, psychological, and other scientific issues about how sexual orientations are embodied. (shrink)

Both advocates and opponents of lesbian, gay, and bisexual rights make reference to whether and how sexual orientations are embodied, namely whether one's sexual orientation is innate, unchangeable, or a "natural fact". In particular, in the United States, discussion centers on whether LGB people are "born that way" or "choose" to be gay. In litigation about LGB rights, this discussion connects to the so-called immutability factor in the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution and in (...) similar clauses in state constitutions. My presentation surveys the surrounding conceptual and the legal issues and focuses on how they play out in the context of recent court cases related to marriage for same-sex couples. I argue that in legal as well as political and social contexts, it is a better strategy to focus on justice, equality and fairness and to avoid biological, psychological, and other scientific issues about how sexual orientations are embodied. (shrink)

This essay argues that "the family" should be understood in functional terms:whatever functions as a family should have the legal status of a family. Theauthor's argument thus avoids two extreme positions. The first is the position ofthe hard-line "platonic" essentialists who, on grounds of nature, supernature, orcultural history, argue that a family unit must comprise heterosexual partners.The second is the position of the radical relativist, who argues that there are noessences whatsoever or that essences are purely arbitrary. Treating the family (...) infunctionalist terms, the author argues, would have positive consequences thatwould strengthen the social fabric. (shrink)

If natural kinds were defined on the basis of fixed and immutable essences, then – with the end of essentialism in life sciences – their end, at least for those kinds confined to the living realm, would ensue as well (1-2). If appropriately revised and adapted, however, natural kinds may still play an important theoretical role, not only for the sake of philosophical speculation, but also in accomodating scientific practices and in providing an adequate rendering of human reasoning. The (...) proposal outlined in this paper moves from the historical and disjunctive solutions of Millikan and Boyd, but it departs from them in that it offers a conventionalist interpretation of natural kinds. The bulk of the theory is presented through the case study of the distinction between sexes and genders (3). A few remarks on how to further the proposal are offered in the final section (4). (shrink)

In this paper I review how the notion of gender is understood in psychiatry, specifically in the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5). First, I examine the contraposition between sex and gender, and argue that it is still retained by DSM-5, even though with some caveats. Second, I claim that, even if genderqueer people are not pathologized and gender pluralism is the background assumption, some diagnostic criteria still conceal a residue of gender dualism and (...) essentialism. Third, I consider gender dysphoria, which is characterized by an incongruence between one’s experienced or expressed gender and one’s assigned gender; since this condition pertains to distress and disability, not to the incongruence per se, it does not pathologize transgender people. Still, I contend that it should be removed from DSM-5 for theoretical reasons. (shrink)

The term “gender” has played a key role in feminist theory and politics since the late 1960s. Debates over its meaning reflect major turning points within the women's movement of the past thirty years.

G. W. F. Hegel's discussion of the Antigone in the Phenomenology of Spirit has provoked ongoing debate about his views on gender. This essay offers an interpretation of Hegel as condemning social arrangements that take the authoritativeness of identities and obligations to be natural or merely given. Hegel criticizes the ancient Greeks' understanding of both the human law and the divine law; in so doing, he provides resources for a critique of essentialist approaches to sex and gender. On this interpretation, (...) Hegel views the conflict between Antigone and Creon as tragic because the gendered identities and obligations inherent to Greek Sittlichkeit are naturalized and withheld from scrutiny and revision. In the conclusion, I suggest how Hegel's criticisms pose a challenge to certain approaches to religious ethics. (shrink)

Let me forego all the usual caveats about the vagueness of the term postmodern, our inability to determine what postmodern might mean without first undertaking an exhaustive review of modernism, and the synchrony and dissonance of postmodernity with the equally problematic term poststructuralist. I'll just assume that Derrida, Foucault, and Lacan are among the important thinkers to have influenced the feminist demand to rethink subjectivity, and that Luce Irigaray and Julia Kristeva are two of the most significant and interesting thinkers (...) to have inflected this demand in feminist directions in the French context. (shrink)

"My work has had nothing to do with gay liberation," Michel Foucault reportedly told an admirer in 1975. And indeed there is scarcely more than a passing mention of homosexuality in Foucault's scholarly writings. So why has Foucault, who died of AIDS in 1984, become a powerful source of both personal and political inspiration to an entire generation of gay activists? And why have his political philosophy and his personal life recently come under such withering, normalizing scrutiny by commentators as (...) diverse as Camille Paglia, Richard Mohr, Bruce Bawer, Roger Kimball, and biographer James Miller? David M. Halperin's Saint Foucault is an uncompromising and impassioned defense of the late French philosopher and historian as a galvanizing thinker whose career as a theorist and activist will continue to serve as a model for other gay intellectuals, activists, and scholars. A close reading of both Foucault and the increasing attacks on his life and work, it explains why straight liberals so often find in Foucault only counsels of despair on the subject of politics, whereas gay activists look to him not only for intellectual inspiration but also for a compelling example of political resistance. Halperin rescues Foucault from the endless nature-versus-nurture debate over the origins of homosexuality ("On this question I have absolutely nothing to say," Foucault himself once remarked) and argues that Foucault's decision to treat sexuality not as a biological or psychological drive but as an effect of discourse, as the product of modern systems of knowledge and power, represents a crucial political breakthrough for lesbians and gay men. Halperin explains how Foucault's radical vision of homosexuality as a strategic opportunity for self-transformation anticipated the new anti-assimilationist, anti-essentialist brand of sexual identity politics practiced by contemporary direct-action groups such as ACT UP. Halperin also offers the first synthetic account of Foucault's thinking about gay sex and the future of the lesbian and gay movement, as well as an up-to-the-minute summary of the most recent work in queer theory. "Where there is power, there is resistance," Michel Foucault wrote in The History of Sexuality, Volume I. Erudite, biting, and surprisingly moving, Saint Foucault represents Halperin's own resistance to what he views as the blatant and systematic misrepresentation of a crucial intellectual figure, a misrepresentation he sees as dramatic evidence of the continuing personal, professional, and scholarly vulnerability of all gay activists and intellectuals in the age of AIDS. (shrink)

In this introduction, we consider how this volume demonstrates not only that the question of sexual difference can be asked with Irigaray but that her project necessitates engaging the question if we are to take seriously her diagnosis of sexual difference as “one of the major philosophical issues, if not the issue, of our age.” We consider how Irigaray's questioning of sexual difference implicates a dialectic of natural and cultural determinations, challenging reductive and essentialist readings of her project. In the (...) process, we trace how the contributors of this volume think sexual difference with Irigaray, revealing the value of her thought for addressing contemporary debates about sex, gender, and race. (shrink)

Abstract: This essay explores recent trends and major issues related to gay and lesbian philosophy in ethics (including issues concerning the morality of homosexuality, the natural function of sex, and outing and coming out); religion (covering past and present debates about the status of homosexuality and how biblical and qur'anic passages have been interpreted by both sides of the debate); the law (especially a discussion of the debates surrounding sodomy laws, same-sex marriage and its impact on transsexuals, and whether the (...) law should be used to enforce morality); scientific research into the origins of homosexuality (including discussion of arguments against such research); and metaphysics (especially the question of whether homosexuality is socially constructed during particular times and in particular cultures, or whether sexual orientation is an essential trait cutting across times and cultures). (shrink)

Is selling sex a service like any other? Philosophers have given a range of answers to this question: (a) sex has a specific value that is debased by commercial markets in sex; (b) sex work is a service like any other; (c) markets in sex perpetuate structural systems of inequality. This article takes seriously the suggestion that there is something special about sex itself which raises a specific set of concerns when traded for money. The challenge is to explain this (...) without drawing on contentious essentialist claims about the value of sex. It proceeds by analysing a parallel between sexual promises and selling sexual consent. On an expectational theory of promising, commercial agreements to sex generate obligations in a way that is normatively analogous to sexual promises. Understanding the normative release conditions for such assurance‐providing agreements provides a way of analysing the justifiability of various ways of enforcing such agreements. I argue that the release conditions for agreements involving sex are not conducive to being codified under typical forms of service contract. As such, regulation aimed at legitimising sex work must provide adequate protections to workers without codifying it under typical forms of service contract. (shrink)

Between Feminism and Materialism is a bold attempt to make sense of the relationship between feminist theory and capitalism. Addressing a number of philosophical problems that have engaged feminists over the last few decades - universals and reason, nature and essentialism, identity and non-identity, sex and gender, power and patriarchy, local and global - this innovative book breaks through feminist waves and explains the paradoxes of feminist theory by demonstrating the on-going relevance of dialectics and the concepts of exploitation, (...) ideology, and reification. Drawing on first, second and third 'waves' of feminist theory, this exciting combination of existentialism, phenomenology and critical theory delivers a problem-based, micro-political and coalitional feminism ready to respond to the challenges presented by our thoroughly modern times. (shrink)

Challenges essentialist notions of gender through a detailed account of Lacan's theories of gender, sexuality, and sexual difference.