The article discusses the challenge of Indecent Theology to Latin American liberation theology and feminist theology in unmasking their implicit support for the binary, heterosexual norms of society. Althaus-Reid argues that theology is a sexual act, and provides rich metaphors and language for a vibrant sexual political theology. Her work undresses conventional Christian symbols by queering the intersection of theology, sexuality, and politics.

In lieu of an abstract, here is a brief excerpt of the content:Christ's Male Sexuality and Acting In Persona Christi:A New Argument in Favor of the All-Male PriesthoodPaul Gondreau"One must be allowed to think about and discuss the issues.... [And on the issue of women's ordination] the discussion is still with us, it is still alive, and cannot be stifled [ersticken] by a paper [ein Papier]." So declares Archbishop Stefan Hesse of Hamburg, Germany, in the summer of 2020, where "a (...) paper" refers to an apostolic letter, Pope St. John Paul II's 1994 Ordinatio Sacerdotalis, which definitively rules out the admissibility of women to priestly ordination.1 No doubt the archbishop was drawing inspiration from Cardinal Archbishop Reinhard Marx of Munich and Freising, who a month earlier had opined that arguments against women's ordination were becoming increasingly "weaker" (schwächer).2 In his capacity as president of the German bishops' conference, Bishop Georg Bätzing [End Page 805] of Limburg also pronounced on the issue in even more unabated terms; after insisting in June of the same year that Catholics can "continue to talk about the issue of women's ordination," he went further in an interview with the German magazine Herder Korrespondenz six months later: "There are well-developed arguments in theology in favor of opening up the sacramental ministry to women," he asserted, after declaring his desire for "change" (Veränderung), a change that he opined could begin with ordaining women as deacons before ordaining them as priests and bishops.3 Two years later, Bätzing remained adamant, going so far as to declare to speak in the name of the faith of the entire Church on this issue: "The sensus fidelium, that is, the sense of the faithful," he stated, "has moved on" (geht weiter).4 Since the deposit of faith, of which the sensus fidelium is expressive, does not and cannot "move on," that is, change, Bätzing's appeal to the sensus fidelium marks a curious—if also audacious—move, to say the least.It appears we are destined ever "to think about and discuss" the issue of women's ordination, no matter if the Holy Father himself, in the person of the John Paul II, should seek to quell this discussion in the strongest and most authoritative of terms: "In order that all doubt be removed regarding [this] matter," writes the Polish Pontiff, "I declare that the Church has no authority whatsoever to confer priestly ordination on women and that this judgment is to be definitively held by all the Church's faithful" (Ordinatio Sacerdotalis §4).As regards John Paul II's assertion that his judgment is to be "definitively held" by all Catholics, it is worth recalling that, even if one high-ranking German churchman (Hesse) might esteem Ordinatio Sacerdotalis as [End Page 806] tantamount to ein Papier das erstickt, "a paper that stifles," another, Joseph Ratzinger (in his role as cardinal prefect of the Congregation for the Doctrine of the Faith [CDF], before becoming Pope Benedict XVI), holds up John Paul II's apostolic letter as expressive of the infallible teaching of the Church's ordinary magisterium and as "belonging to the deposit of faith." As such, the letter requires all Catholics, asserts Ratzinger, to offer their "definitive assent" to the Holy Father's pronouncement.5John Paul II and Ratzinger may as well have been talking to the wind. If Archbishop Hesse and his disparaging attitude—dismissing a papal apostolic letter as a paper that "stifles"—serves to indicate what "definitive assent" looks like, and if Bishop Bätzing can find that the deposit of faith (represented by the sensus fidelium), particularly as it concerns women's ordination, is able to "move on," it is no wonder that we find the issue "still alive." And recall Hesse and Bätzing hardly stand alone among German prelates in their willingness to ignore Ordinatio Sacerdotalis, as Cardinal Marx and the much touted German "synodal way" show (the archbishop of Luxembourg, Cardinal Jean-Claude Hollerich, could also be added to the list).6 Further, when Hesse asserts, "one must be allowed to think about and discuss [women's ordination]," there is little doubt that, for him and those... (shrink)

Two years ago the Constitutional Court invalidated provisions in the Sexual Offences Act which outlawed sexual conduct between adolescents. Parliament was ordered to fix the relevant provisions and to decriminalise consensual sexual activity between adolescents. In July 2015 the Amendment Act came into operation with the aim of revising the current Sexual Offences Act in line with the Constitutional Court judgment. This article evaluates some of the changes contained in the Amendment Act to determine its alignment (...) with the ruling of the Constitutional Court. It also considers how the changes will impact the reporting obligations of health providers. (shrink)

De manière continue depuis les débuts de la télévision, on observe que les femmes sont minoritaires dans les séries et plus jeunes que les hommes. L’écart d’âge joue un rôle considérable dans les rapports de genre asymétriques et inégaux, notamment dans les couples hétérosexuels. Les comédiennes de plus de 50 ans sont très rares, les personnages qu’elles incarnent proposent des scripts sexuels nouveaux et des représentations originales de la féminité et de la masculinité. Les concepts de masculinité et de féminité (...) hégémoniques éclairent ces fictions télévisées, dans lesquelles l’aspect « excessif » des rapports de genre représentés est une dimension importante. (shrink)

Catholic sexual ethics proposes a number of exceptionless moral norms. This distinguishes it from theories which deny the possibility of any exceptionless moral norms (e.g. the proportionalist approach proposed in the aftermath of "Humanae Vitae" and condemned in "Veritatis Splendor"). I argue that Catholic teaching on sexual ethics refers to chosen physical structures in such a way as to make ‘new natural law’ theory inherently unstable. I outline a theory of “the moral act” (Veritatis Splendor 78) which emphasises (...) the place which chosen physical features – in particular, chosen sexual structures – play in specifying human actions. I conclude that this account, involving what I term UMDAs, is needed to make sense of the Church’s teaching in these areas. (shrink)

Philosophy &Public Affairs, Volume 52, Issue 1, Page 69-100, Winter 2024.

The liberal view that valid consent is sufficient for a sex act to be morally legitimate is challenged by three major philosophies of sex: the Catholic view of sex as ordained for procreation and properly confined to marriage, the romantic view of sex as bound up with love, and the radical feminist analysis of sex in our society as part and parcel of the domination of women by men. I take a critical look at all three, focusing on Mary Geach''s (...) recent statement of the procreation view, Roger Scruton''s theory of sexual desire as naturally evolving into intimacy and love, and several radical feminist discussions of sex in sexist society which argue that the notion of consent is unhelpful and, indeed, irrelevant. I argue that none of these lines of argument is convincing, and that consent remains the touchstone of morally permissible sex – although, dmittedly, it may not be very helpful in discussing ideals of human sexuality. (shrink)

It’s often assumed that if white people have a sexual preference for other white people, they, when using intimate dating platforms, have the right to skip over the profiles of Black people. As some argue, we have the right to act on our sexual preferences, including racialized sexual preferences, because doing so isn’t harmful, and even if it were harmful, this wouldn’t matter because either our “right” to act on our sexual preferences outweighs the harm and/or (...) we cannot even control our sexual preferences. Against this view, I argue that (1) when white people act on anti-Black sexual preferences, white people harm Black people insofar as they reduce their objective welfare level, and (2) we can in fact, to some degree, control our racialized sexual preferences. Moreover, I argue that because white people who engage in racialized sexual discrimination against Blacks disrespect and demean Black people and we don’t have any kind of right to disrespect and demean persons, white people don’t have even a prima facie right to act on anti-Black sexual preferences. Indeed, white racialized sexual discrimination against Black people is always deeply wrong, not only because it wrongs Black people, but it also wrongs the discriminators themselves. (shrink)

This commentary explores the scope and content of the Protection from Harassment Act, recently introduced in the UK, focusing in particular on s.3 which creates a civil cause of action for harassment. The author considers the strategic possibilities for feminists concerned with enhancing remedies for sexual harassment as well as the drawbacks of the Act, particularly its capacity to be deployed in a wide range of contexts not all of which necessarily promote justice or enhance civil and political rights. (...) The author concludes by emphasising the important role of the courts in defining and delineating the scope of the Act as well as exploring the possibility of continued development of the common law principle in Wilkinson v. Downton. (shrink)

To justify attraction to Dominant Traditional Masculinities and lack of attraction to non-aggressive men, some women defend opinions such as “there are no frigid women, only inexperienced men”. Such statements generate a large amount of sexual-affective insecurity in oppressed men and contribute to decoupling desire and ethics in sexual-affective relationships, which, in turn, reinforces a model of attraction to traditional masculinities that use coercion, thus perpetuating gender-based violence. New Alternative Masculinities represent a type of masculinity that reacts to (...) reverse such consequences with communicative acts, in which they state that women who support such discourses have never met a NAM man or have never experienced a successful sexual-affective relationship where passion, love, desire, and equality are all included. This article presents data analyzing these communicative acts to ultimately find the key to NAM communication that would contribute to changing attraction patterns. The data was collected using communicative daily life stories of three heterosexual white men and one heterosexual white woman, between the ages of 30 and 40. Findings emphasize the importance of self-confidence manifested by NAM men when communicating about sex and facing these offensive mottos in the presence of other men and women. Findings also demonstrate that supportive egalitarian relationships encourage the emergence of self-confidence in NAM men and that NAM men's self-confident communicative acts foster healthy relationships and obliterate coercive ones. (shrink)

A common belief is that, among our sexual dispositions, sexual orientations are important and deep features of who someone is. This distinguishes them from other sexual dispositions—“mere” preferences—that are thought to be trivial in comparison. Is there a way to adequately account for this distinction? What is a plausible explanation for the belief that sexual orientation is a deep and important feature of who one is? This paper defends one necessary condition for a sexual disposition (...) to be an orientation, the well-being condition: if a sexual disposition is an orientation, then the inability to act on it lowers one’s well-being by rendering one’s life sexually deprived. The paper argues that the well-being condition better explains than other criteria the belief that orientations are important features of who one is. The paper concludes by tracing the implications of this view to the common understanding of sexual orientation. (shrink)

Is there a choice in sexual orientation? [Wilkerson, William S. : “Is It a Choice? Sexual Orientation as Interpretation”. In: Journal of Social Philosophy 40. No. 1, p. 97–116] argues that sexual desires require interpretation in order to be fully constituted, and therefore sexual orientation is at least partially constituted by choice. [Díaz-León, Esa : “Sexual Orientation as Interpretation? Sexual Desires, Concepts, and Choice”; In: Journal of Social Ontology] critically assesses Wilkerson’s argument, concluding that (...) we still lack a good argument for the claim that choice plays a role in sexual orientation. Here I examine Díaz-León’s response to Wilkerson. I introduce what I call the conceptual act theory of sexual orientation, and argue that even if interpretation were not necessary to constitute sexual desires, it is a necessary element to constitute what we call sexual orientation. However, I conclude that even if we agree that interpretation is involved in sexual orientation, it does not follow that there is a choice involved. (shrink)

Darwin hypothesized that some animals, when selecting sexual partners, possess a genuine “sense of beauty” that cannot be accounted for by the logic of natural selection. This hypothesis has been notoriously controversial. In this chapter I propose that the concept of agency can be useful to operationalize the “sense of beauty”, and can help identify the conditions under which one can infer that animals are acting as (aesthetic) agents. Focusing on a case study of the behavior of the Pavo (...) cristatus, I identify the types of evidence that would allow for the inference of agency through aesthetic choice. (shrink)

I begin by describing the hideous nature of sexuality, that which makes sexual desire and activity morally suspicious, or at least what we have been told about the moral foulness of sex by, in particular, Immanuel Kant, but also by some of his predecessors and by some contemporary philosophers.2 A problem arises because acting on sexual desire, given this Kantian account of sex, apparently conflicts with the Categorical Imperative. I then propose a typology of possible solutions to this (...) sex problem and critically discuss recent philosophical ethics of sex that fall into the typology's various categories. (shrink)

Relying on a sexual encounter that he had once while in graduate school, Soble explores in this essay two important and under-explored ideas in sexual ethics. The first is whether there are sexual duties to others (including, even especially, to strangers), and what the source of such duties might be. He provides good reasons, rooted in both religious and secular thought, for believing that such duties exist. The second is whether there are supererogatory sexual actions—sexual (...) actions that go beyond the demands of duty—and what conditions an act needs to satisfy in order to be supererogatory. Soble uses the sexual encounter that opens the essay to test our intuitions about these two ideas and his own arguments, and to underscore the complications involved in attempting to find secure answers as to whether some sexual acts are dutiful, done from duty, or supererogatory. (This is a revised version of the essay in the 7th edition of The Philosophy of Sex.). (shrink)

In this paper I first argue that we do not need to intend all the features of X in order to consent to X. I will present cases in which agents intend to consent to gambles, and intend to consent to have sex with people under certain descriptions, de re, rather than de dicto. Next, I argue that deception – even deception about features of a sexual act that qualify as “deal-breakers” for a participant – might not always have (...) the power to undermine sexual consent. In both sections I craft my arguments by appealing to a proposal about the scope of rights. I suggest that we may have intentions regarding our sexual experiences that do not map onto the rights that we actually hold pertaining to those sexual experiences. (shrink)

I first distinguish promises with positive sexual content (e.g., promises to perform sexual acts) and promises with negative sexual content (e.g., promises to refrain from sexual acts—as one does when making monogamy promises). I argue that sexual content—even positive sexual content—does not cause a promise to misfire. However, the content of some successful promises is such that a promisee ought not to accept the promise, and, if she does accept, she ought then (...) to release her promisor from the promise. I argue that both positive and negative sexual promises have content of this kind. (shrink)

Hart argues persuasively that majority disapproval cannot justify the government in prohibiting a form of sexual conduct, but he does not address the possibility that the intrinsic badness of a sex act might justify the government in prohibiting it. This article explains within a contractualist framework why the intrinsic badness of a sex act cannot justify the restriction of any important sexual freedom.

In January 1995, at the age of 22, Annabel Chong (whose real name is Grace Quek), a former pornographic actress/director set a world record (which has since been topped) for having the most number of sex acts, 251 with about 70 men, over a period of about ten hours, for a film called the World’s Biggest Gangbang. Chong claims in subsequent interviews that more than anything else, she did it to challenge the stereotypical notion that female sexuality is passive—that (...) women like to be “seduced, kissed and cuddled, and [are] basically biologically monogamous”. She quips that “if a guy did 251 women in one day . . . everyone would think he’s a real stud”; But if a girl does the same “she’s considered a terrible slut.” This paper is my attempt to investigate what Annabel Chong’s dissent means for feminism: Is Annabel Chong the quintessential feminist, defying an oppressive system, asserting her individuality, redefining the parameters of a gender-determined sexuality? Or is she a victim of her own misguided ideals, objectifying herself in the belief that this affirms her subjectivity, submitting herself to domination to reclaim control, eventually propagating the same oppressive system she professes to end? I want to approach this inquiry using Foucault’s framework of power-discourse-sexuality for two reasons: First, I believe that Foucault’s genealogy of sexuality successfully exploits how sexuality as a discursive construct is used as a technique of control; Second, I believe that Foucault provides us a way of understanding how an individual responds to various systems of control, as well as a framework that explains the many power relations that determine an individual’s mode of existence. However, since in effect, I would be presenting a Foucauldian analysis of the gendered experience of a feminist subject, I find it necessary to first overcome what I consider as theoretical barriers, alluding to the ongoing debate concerning the usefulness of Foucault’s framework for feminists. To address this issue, I will present a brief survey of the criticisms directed to the inadequacy of Foucault’s theory of the subject posed by some notable feminists, as well as the proposed resolutions to them. This also establishes the framework on which I ground my inquiry. My contention is that to some extent these criticisms have already been resolved, and that it is now possible to present an analysis of the gendered experience of the feminist subject using a Foucauldian framework. (shrink)

That women tend to see harassment where men see harmless fun or normal gendered interaction is one of the more robust findings in sexual harassment research. Using in-depth interviews with employed men and women, this article argues that these differences may be partially explained by the performative requirements of masculinity. The ambiguous practice of “girl watching” is centered, and the production of its meaning analyzed. The data suggest that men's refusal to see their behavior as harassing may be partially (...) explained through the objectification and attenuated empathy that the production of masculine identities may require. Thus, some forms of harassment and their interpretations may more accurately be seen as acts of ignoring than states of ignorance. Implications for anti-sexual harassment policies and training are explored. (shrink)

Violence against women is a growing health problem, especially when perpetrated in intimate relationships. Despite increasing attention, there is little comparative evidence on the different types of violence involved and there is a paucity of research on sexual femicides. This study examines cases of violence against women in northern Italy, focusing on sexual and non-sexual femicides and comparing them with rape that does not result in femicides. The sample included 500 women who were victims of sexual (...) and non-sexual femicides, and of rape. Results show sexual femicides mostly involved unknown victims or women who were prostitutes. Sexual femicidal offenders used improper weapons to kill their victims, acted in secluded locations, and fled the crime scene; their crime was more likely the result of predatory intentions, with antisociality and sexual deviance being the most significant factors related to this type of femicide. The criminal and violent pattern that characterized sexual femicides in this study shared significant similarities with the pattern of violence involved in rape. Rape victims were in fact mostly unknown, or involved in a brief relationship with their killer. When the victim was known it was more likely that the abuse occurred at home and in front of the woman’s children. Rapists were often under the effect of alcohol or drugs. Non-sexual femicides mainly involved known victims, and they were more often committed in the context of domestic disputes. It was not seldom that the long relationship between the victim and perpetrator was likely to be characterized by contentiousness, suggesting that the woman was often victim of an oppressive climate of emotional tension and domination. Morbid jealousy contributed to aggravating the tone of a controlling relationship. Non-sexual femicides bore more similarities to cases of rape within the pattern of intimate partner violence. Findings are discussed in terms of their implications for prevention and intervention. (shrink)

I begin by describing the hideous nature of sexuality, that which makes sexual desire and activity morally suspicious, or at least what we have been told about the moral foulness of sex by, in particular, Immanuel Kant, but also by some of his predecessors (e.g., Augustine) and by some contemporary philosophers. A problem arises because acting on sexual desire, given this Kantian account of sex, apparently conflicts with the Categorical Imperative. I then propose a typology of possible solutions (...) to this sex problem and critically discuss recent philosophical ethics of sex that fall into the typology's various categories. (shrink)

Two-Spirit men's sexual conquest stories—or what I am calling sexual coup stories—narrated more than just the sexual encounter. In fact, actual sexual acts are often secondary to the circumstances producing the sexual encounter. In this study, coup stories serve as a form of data revealing the ways in which sexual conquest is a sociosexual practice thoroughly embedded in broader Native community values and cultural patterns for the movement of bodily desire across landscapes predating (...) humanist intellectual and moral intervention. Thus, the intra-acting agencies of Native sexual circulation provide the opportunity to enact a culturally specific form of material-discursive order that when viewed from the epistemological metropole look highly entropic . Yet, Native sexual ontology realizes itself in the phenomena of a sexual circulation whose material-discursive practices appear to be disordered from the highly ordered humanistic center. (shrink)

The major difference between “new” and “old” natural law approaches to sexual ethics is that for new natural law theorists the moral evaluation of sex acts is always determined with reference to that basic form of human flourishing which is called marriage; old natural law theorists determine the morality of sex acts also with reference to the natural purpose of the sexual faculties. Ultimately, the old approach relies implicitly on prior value judgments to distinguish biological facts (...) that are axiologically or morally relevant from those that are not. It also appeals to values to ground the wrongness of immoral sex acts. In its pure form, the old natural law approach to sexual ethics lends itself to a misunderstanding of the unitive aspect of marriage. More broadly, an accurate understanding of new natural law does not run afoul of the correct interpretation of “nature” in natural law. (shrink)

In this article, I rethink the key arguments of my co-authored paper Teaching Pleasure and Danger in Sexuality Education (Author and Co, 2013 Author and Co. (2013). Teaching pleasure and danger in sexuality education. Sex Education, 13(2), 121–132.[Taylor & Francis Online], [Web of Science ®], [Google Scholar]) by bringing the postmodern logic of critical sexuality education theory into conversation with the relational ontology of new materialism. I begin by rejecting the key problem presented in Author and Co’s (2013) paper as (...) a false problem. This false problem is the drawing of an ‘unqualified line’ between positive and negative sexual experience in sexuality education. Instead, I argue that the actual problem is the initial act of drawing a line to separate sexual experience into a binary. My modification of the problem is an ontological move that allows me to consider sexuality education outside the binaries of negative and positive experience. Elaborating on the ontology problem presented in my paper Teaching Pleasure and Danger in Sexuality Education, I explain new materialism and its key task of realizing the interdependence of dualist terms. Drawing on Bergson and Braidotti’s philosophies of difference, I argue that pushing for sex-positive sexuality education strengthens the sex-negativity in sexuality education. I further critique the logic of negation that structures sexuality education by interrogating the contemporary push for pleasure-based sexuality education. Through this process of rethinking my previous scholarship through new materialist logic, I begin the task of reconfiguring the phallogocentric sexual subject as a subject-in-the-process. The conclusion of this article offers a beginning consideration of sexuality as an act of becoming where forces brought into relationship are entangled, creating a new thing. (shrink)

This case note reviews the guidelines issued by Morison J. in the Employment Appeal Tribunal at the end of the decision in Reed and Bull Information Systems Ltd v. Stedman [1999] I.R.L.R.299. The author argues that while the judge’s decision is to be welcomed in adopting an approach more sympathetic to victims of sexual harassment, it also raises a number of problems by placing a burden on the victim to place the harasser on notice that she does not welcome (...) his conduct. The guidelines are likely to be usefully applied in any jurisdiction that has rules forbidding sexual harassment. The author considers the guidelines from both a practical and a doctrinal angle and indicates that the right to be free from sexual harassment is one that the courts are reluctant to protect like other civil rights. (shrink)

This chapter contains sections titled: Introduction Title IX Harassment Situations Effect on the Victim Effect on the University.

Federal discrimination laws have defined two distinct types of activity that constitute sexual harassment – "hostile environment" and "quid pro quo." The Civil Rights Act of 1991 and more recent Supreme Court rulings make it easier for workers to win lawsuits claiming they were sexually harassed in the work environment.While the public accounting profession continues to address gender-related problems, it remains vulnerable to claims of sexual harassment. In an attempt to better understand the underlying risk the public accounting (...) profession faces, this study focuses on identifying (1) the extent of sexual harassment in the public accounting profession, (2) the type of harassing behavior that is most common, and (3) where the harassment occurs. (shrink)

The clash between religious freedom and equality for lesbians and gay men has become a controversial legal issue in the United Kingdom. Increasingly, claims are made that compliance with anti-discrimination norms impacts upon conscientious, faith-based objectors to same-sex sexual acts. This article explores this issue and draws insights from North American case law, where this question has been considered in the context of competing constitutional rights. It raises far-reaching issues concerning the distinction between belief and practice, as well (...) as the role of identity in the public sphere. The author advocates that courts and tribunals should adopt a fact-specific approach which is sensitive to the rights in a particular context, and which focuses upon the values of accommodation, tolerance and mutual respect. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, (...) rather than simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 41, no. 2. © 2015 by Feminist Studies, Inc. 259 Chloë Taylor Female Sexual Dysfunction, Feminist Sexology, and the Psychiatry of the Normal It is really weird that doctors should be the reigning experts on sex. —Leonore Tiefer1 The first volume of Michel Foucault’s The History of Sexuality provides a compelling and influential critique of the “sciences of sex.” In this work, Foucault suggests that there (...) is little that is scientific about the disciplines of psychoanalysis, psychiatry, and sexology that emerged in the nineteenth and twentieth centuries.2 In each case, Foucault argues that the authority of science is exploited to facilitate the regulation of sexuality in a biopolitical era in which the sex life of the population has become a crucial political stake.3 Sex, according to Foucault, is managed by doctors not so much to cure health problems as to enforce social norms, and sexual science does not provide the truth of sex or make people healthy, but naturalizes the monogamous, heterosexual, nuclear family.4 1. Leonore Tiefer, Sex Is Not a Natural Act and Other Essays (Cambridge, MA: Westview Press, 2004), 180. 2. Michel Foucault, The History of Sexuality: An Introduction (New York: Vintage, 1978). 3. Michel Foucault, The History of Sexuality: 133–160. See also Michel Foucault, Psychiatric Power: Lectures at the Collège de France 1973–1974 (New York: Palgrave -MacMillan, 2006) and Michel Foucault, Abnormal: Lectures at the Collège de France 1974–1975 (New York: Picador, 2003). 4. This is not to say that for Foucault doctors do not ever cure health problems or that their intentions are not to cure health problems. However, Foucault 260 Chloë Taylor Feminism has also posed powerful critiques of the sexual sciences. As Janice Irvine notes, feminist epistemology has rejected the purported neutrality of science, especially of the sciences that claim knowledge about sex and gender.5 Feminist and queer political theorists and activists have, moreover, “underscored the hollowness of solutions based on techniques” that are favored by sexologists; teaching men skills to resist premature ejaculation or to better stimulate their wives’ clitorises are not adequate resolutions to widespread and profound dissatisfactions with sex, gender, and marriage in a heterosexist and patriarchal society.6 As Irvine writes, Feminism and lesbian/gay liberation…challenged power inequalities between men and women and questioned the very concepts of maleness and femaleness, masculinity and femininity.…They presented alternatives to tradition and to expert power and authority. Therein lay their threat to American sexology.7 Given this antagonistic relationship, combining feminism and sexology has proved controversial. The work of feminist sexologist Shere Hite in the 1970s and 1980s was critiqued by sexologists and feminists alike: sexologists complained that the 1976 Hite Report was political and thus undermined the scientific prestige of sexology, while feminists criticized Hite for aspiring to a masculine scientific authority.8 Describing the relationship between feminism and sexology, Irvine notes that “the incompatibility of their concerns—science and market, on the one hand, versus shows that what we consider “healthy” is thoroughly political and that the effect of doctors’ practices is normalizing whatever their intentions may be. For two recent Foucauldian studies of the ways that medical and sexual science function to sexually normalize individuals and populations, see Ladelle McWhorter, Bodies and Pleasures: Foucault and the Politics of Sexual Normalization (Bloomington: Indiana University Press, 1999); and Ladelle McWhorter, Racism and Sexual Oppression in Anglo-America: A Genealogy (Bloomington: Indiana University Press, 2009). 5. Janice Irvine, Disorders of Desire: Sexuality and Gender in Modern American Sexology, rev. ed. (1990; repr., Philadelphia, PA: Temple University Press, 2005), 101. 6. Ibid. 7. Ibid. 8. Ibid., 117. Chloë Taylor 261 progressive political change, on the other—led…to a contentious and emotionally charged history.”9 Drawing on both Foucauldian and feminist perspectives, this article explores a new chapter in this history, examining self-described feminist sexologists’ responses to the psychiatric diagnoses of Female Sexual Dysfunction (FSD). While psychologists had pathologized female sexuality under the label of frigidity since the nineteenth century, sexual dysfunctions were relatively marginal in the first edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM), published in 1952. In the DSM-1, frigidity (like impotence) was... (shrink)

I have argued that because human sexual reproduction inevitably involves the creation and destruction of embryos, it is a problematic activity for those who believe that the embryo is “one of us.” Or, if it is not a problematic activity, then neither is the creation and destruction of embryos for a purpose of comparable moral seriousness—the development of lifesaving therapy, for example. I assume that, whereas it is possible for the very first act of unprotected intercourse to result in (...) a live human baby, and hence not in a given case cause any embryo loss, this is a rare event and that, statistically, for every live birth from three to five embryos must be created only to die. For dramatic effect, I assume that five is a reasonable figure, giving each embryo a 20% chance of survival; however, nothing in the argument depends on any specific figures being correct. a. (shrink)

In his "Reply to Iddo Landau," Edmund Wall responds to the author’s critique of some of the views expressed in his "Sexual Harassment and Wrongful Communication." The present article concentrates on what the author takes to be the main problem in Wall’s definition: by requiring that any act, even if intentional and cruel in nature, needs to be repeated to count as sexual harassment, Wall allows too much leeway and renders permissible a wide range of intentional, mean, and (...) harmful actions that most, including, the author believes, Wall himself, would like to outlaw. The article considers Wall’s linguistic and nonlinguistic responses to this critique and finds them problematic. Key Words: sexual harassment • discrimination • law • ethics • feminism. (shrink)

Although modern societies have come to recognize diversity in human sexuality as simply part of nature, many Christian communities and thinkers still have considerable difficulties with related developments in politics, legislation, and science. In fact, homosexuality is a recurrent topic in the transdisciplinary encounter between Christianity and the sciences, an encounter that is otherwise rather “asexual.” I propose that the recent emergence of “Christianity and Science” as an academic field in its own right is an important part of the larger (...) context of the difficulties related to attempts to reconcile Christianity and a recognition of diversity in human sexuality as a norm. Through a critical discussion of arguments which are upheld most disturbingly on a global scale by the Roman Catholic Church and supported with much sophistry by important stakeholders of an influential stream in analytic philosophy of religion, this paper aims to contextualize and defend the legitimacy of the question why God would create homosexuals as such if it is true that every homosexual act is prohibited by God. While recently advanced nonheterosexist scientific models of sexuality in nature inform the discussion, I reject the simplistic view that religions suppress and the sciences liberate in matters sexual. (shrink)

These three papers present a quite diverse and complementary set of answers to the question, “Why Sexuality Matters to Philosophy.” They show the ways in which sexuality as an issue may be of interest to philosophers working on a wide range of questions. The theme of sexuality appears as both subject matter and context for the development of scientific theories of human behavior, as a pervasive dimension of the representation of everyday life, and as a social phenomenon raising important questions (...) bearing on the implications of equal citizenship for persons of different genders and sexualities. Sexuality reveals itself as implicated in epistemology and philosophy of science, aesthetics and ethics, political philosophy and jurisprudence. Sexuality as a subject matter provides rich examples for extending the treatment of quite traditional problems. At the same time, by identifying sexuality as a fundamental human phenomenon, fraught with normative implications and closely linked to emotional and bodily life, these papers show how thinking about sexuality may also act to unsettle and redefine certain important areas of philosophical inquiry. (shrink)

The purpose of this article is to describe the operation of a four-year prevention and awareness campaign organized by an evangelical social action network that mobilized Brazilian local churches to confront the sexual exploitation of children and adolescents before and during the FIFA 2014 World Cup. The aspects explored in this article are: the birth of the campaign; the manner in which an evangelical network served as a catalyst to mobilize the church to confront sexual violence; and the (...) lessons learned from this experience. It was found that the problem of sexual exploitation of children and adolescents can be addressed through an enlightened and engaged church that accepts the biblical mandate to act with justice and mercy to the “least of the least” in our society: children. The church is a sleeping giant that must be awakened to break the silence of sexual violence and be a strong advocate for vulnerable children. (shrink)

The gendered subcultures of our society may have different value systems. Consequently, sexual activity that involves members of these subcultures may be problematic, especially concerning the encoding and decoding of consent. This has serious consequences for labelling the activity as sex or sexual assault. Conceiving consent not as a mental act but as a behavioural act (that is, using a performative standard) would eliminate these problems. However, if we remove the mental element from one aspect, then to be (...) consistent we must remove it from all; and, as a result, the “mistaken belief” defense would be eliminated and mens rea would become insignificant (in other words, if what the woman means is irrelevant, then what the man believes or intends should also be irrelevant). This consequence suggests major changes to our current conceptions of legal justice, which changes, if undesirable, prompt reconsideration of the initial proposal to use a performative standard for consent. (shrink)

2013 marks 10 years since the Sexual Offences Act 2003 was passed. That Act made significant changes to the law of rape which appear now to have made very little difference to reporting, prosecution or conviction rates. This article argues that the Act has failed against its own measures because it remains enmeshed within a conceptual framework of sexual indifference in which woman continues to be constructed as man’s other. This construction both constricts the frame in which women’s (...) sexuality can be thought and distorts the harm of rape for women. It also continues woman’s historic alienation from her own nature and denies her entitlement to a becoming in line with her own sexuate identity. Using Luce Irigaray’s critical and constructive frameworks, the article seeks to imagine how law might ‘cognise’ sexual difference and thus take the preliminary steps to a juridical environment in which women can more adequately understand and articulate the harm of rape. (shrink)

Since the 1970s, sexual assault laws have evolved to include prohibitions of sexual acts with cognitively impaired individuals. The argument justifying this prohibition is typically as follows: A sex act that is forced (without the legally valid consent of) someone is sexual assault. Cognitively impaired individuals, because they lack certain intellectual abilities, cannot give legally valid consent. Therefore, cognitively impaired individuals cannot consent to sex. Therefore, sex acts with cognitively impaired individuals is sexual assault. (...) The prohibition of sex with such individuals is regarded by many as a significant advance. It certainly seems to be an improvement upon the days in which individuals could engage in sex with cognitively impaired adults with impunity regardless of the physical, emotional and psychological consequences such sex acts caused for those individuals. Yet, this legislation raises serious puzzles. For example, in the U.S., cognitively impaired individuals are routinely convicted for sexual assault with non-cognitively impaired minors. How should we think about the conviction of a cognitively impaired individual who has sex with an underage, non-cognitively impaired individual? Does this imply that cognitively impaired persons are capable of understanding the criminality of failing to obtain legal consent while being, nonetheless, incapable of giving such consent? Should the law address only those cases in which either both or neither of the individuals involved are cognitively impaired? If so, why? -/- In this paper, I claim that shifting the analysis to one based on harms (away from legal standards of consent) better captures our intuitions about sex acts involving cognitively impaired individuals. (Indeed, a review of case law reveals a focus within these cases on the harms experienced by the impaired individuals involved.) I close the paper by identifying the difficulties that plague any legislation concerning individuals with mental impairments. (shrink)

In his “Reply to Iddo Landau,” Edmund Wall responds to the author’s critique of some of the views expressed in his “Sexual Harassment and Wrongful Communication.” The present article concentrates on what the author takes to be the main problem in Wall’s definition: by requiring that any act, even if intentional and cruel in nature, needs to be repeated to count as sexual harassment, Wall allows too much leeway and renders permissible a wide range of intentional, mean, and (...) harmful actions that most, including, the author believes, Wall himself, would like to outlaw. The article considers Wall’s linguistic and nonlinguistic responses to this critique and finds them problematic. (shrink)