Recent defenses of same-sex marriage and polygamy have invoked the liberal doctrines of neutrality and public reason. Such reasoning is generally sound but does not go far enough. This paper traces the full implications of political liberalism for marriage. I argue that the constraints of public reason, applied to marriage law, entail ‘minimal marriage’, the most extensive set of state-determined restrictions on marriage compatible with political liberalism. Minimal marriage sets no principled restrictions on the sex or number of spouses and (...) the nature and purpose of their caring relationships, nor on which marital rights are exchanged, and whether they are exchanged reciprocally or asymmetrically. Minimal marriage supports adult care networks, urban tribes, friendships, and other forms of relationships as well as ‘traditional’ marriages. I provide a publically justifiable rationale for a legal framework supporting non-dependent caring relationships between adults. The argument is that caring relationships are primary goods, and that liberal justice accordingly requires legal frameworks supporting caring relationships. Minimal marriage is one such framework. (shrink)

This book addresses fundamental questions about marriage in moral and political philosophy. It examines promise, commitment, care, and contract to argue that marriage is not morally transformative. It argues that marriage discriminates against other forms of caring relationships and that, legally, restrictions on entry should be minimized.

What defines family law? Is it an area of law with clean boundaries and unified distinguishing characteristics, or an untidy grouping of disparate rules and doctrines? What values or principles should guide it – and how could it be improved? Indeed, even the scope of family law is contested. Whilst some law schools and textbooks separate family law from children’s law, this is invariably effected without asking what might be gained or lost from treating them together or separately. Should family (...) law and children’s law be distinguished or treated together? One would expect disagreement on these questions in any context. In bringing together theorists from multiple jurisdictions and at least two primary disciplines, we should not be surprised to find deep differences in approach reflecting different methodologies and foundational questions. The tension between them, we hope, can illuminate and enrich discussion on all sides. (shrink)

My primary aim is to call into question an influential notion of paternal responsibility, namely, that fathers owe support to their children due to their causal responsibility for their existence. I argue that men who impregnate women unintentionally, and despite having taken preventative measures, do not owe child support to their children as a matter of justice; their children have no right against them to support. I argue for this on the basis of plausible principles of responsibility which have been (...) used to defend abortion rights. I then consider the morally relevant differences between men and women, arguing that while in some cases these differences may justify differential treatment, their import should not be overstated - in many cases, the burden of child support will be too great to impose justly on fathers. This conclusion is not as undesirable as it may seem: I suggest feminist considerations in favor of revising the notion of paternal responsibility and considering alternative arrangements of child support. (shrink)

Much of the bioethical literature on parenthood does not address a fact about parenthood which deserves more attention: parental rights and obligations are attached to socially constructed institutional roles. Both the content of these roles, and the way in which they determine who a child’s parents will be, issue from social and legal institutions of parenthood, and this makes a difference to accounts of the moral basis of parenthood. I will argue that this poses a problem for the causal account (...) of parenthood: the variability of parental obligations, and their assignment, underscores the problems the causal account has with defining the relevant notion of cause and with fixing procreative costs. If institutional role obligations arise only through voluntary undertakings, then understanding moral parenthood as an institutional role makes the voluntarist account of parenthood more attractive. However, I must address two questions: whether such role obligations can arise non-voluntarily, and whether the voluntarist account can deal with common cases of parenthood. (shrink)

Wedding vows seem to be promises. So they go: I promise to love, honour, and cherish .... But this poses a problem. Divorce is not widely seen as a serious moral wrong, but breaking a promise is. I first consider, and defend against preliminary objections, a ‘hard-line’ response: divorce is indeed prima facie impermissible promise-breaking. I next consider the ‘hardship’ response—the hardship of failed marriages overrides the prima facie duty to keep promises. However, this would release promisors in far too (...) many cases. I resolve the triad by considering the content of the vows. Vows concerning love are not promises at all. We cannot promise to do acts the performance of which is outside our control, and love involves states of mind outside our control. Vows concerning spousal roles are complicated by diverse social understandings of marriage and the centrality of emotion to the roles. (shrink)

This essay addresses various moral objections to polyamory and argues that none succeeds. Brake also argues that in some respects polyamory can be superior to monogamy given that polyamorists often endorse ideals such as radical honesty, non-possessiveness, and rejection of jealousy. Moreover, Brake argues that the effects of polyamory in a society in which it is widespread can be very beneficial.

the issue of liberal neutrality, a topic suggested by the work of Catharine MacKinnon. I discuss two kinds of neutrality: neutrality at the level of justifying liberalism itself, and state neutrality in political decision-making. Both kinds are contentious within liberal theory. Rawls’s argument for justice as fairness has been criticized for non-neutrality at the justificatory level, a problem noted by Rawls himself in Political Liberalism . I will defend a qualified account of neutrality at the justificatory level, taking an epistemic (...) approach to argue for the exclusion of certain doctrines from the justificatory process. I then argue that the justification process I describe offers a justificatory stance supportive of the feminist rejection of state-sponsored gender hierarchy. Further, I argue that liberal neutrality at the level of political decision-making will have surprising implications for gender equality. Once the extent of the state’s involvement in the apparently private spheres of family and civil society is recognized, and the disproportionate influence of a sexist conception of the good on those structures—and concomitant promotion of that ideal—is seen, state neutrality implies substantive change. While—as Susan Moller Okin avowed—Rawls himself may have remained ambiguous on how to address gender inequality, his theory implies that the state must seek to create substantive, not merely formal, equality. I suggest that those substantive changes will not conflict with liberal neutrality but instead be required by it. (shrink)

All duties are either duties of right (officia iuris), that is, duties for which external lawgiving is possible, or duties of virtue (officia virtutis s. ethica), for which external lawgiving is not possible. – Duties of virtue cannot be subject to external lawgiving simply because they have to do with an end which (or the having of which) is also a duty. No external lawgiving can bring about someone's setting an end for himself (because this is an internal act of (...) the mind), although it may prescribe external actions that lead to an end without the subject making it his end. (shrink)

Much stalking consists in behavior which would normally be permissible; indeed, many stalking behaviors are protected liberties. How, then, does the stalker wrong the victim? I consider and reject different answers as failing to identify the essential wrong of stalking: stalking perpetuates gender oppression; it threatens or coerces, disrespects autonomy, or violates privacy. I argue that the stalker forces a personal relationship on the target and that our interest in being able to refuse such relationships is strong enough to ground (...) a right. It is a benefit if my account changes the standards of which intimacy-seeking behaviors we consider permissible. (shrink)

Liberal egalitarians face unappreciated challenges in explaining why the state should assist citizens in disaster recovery and why the state should ever assist in rebuilding in high-risk areas. Addressing these challenges and justifying state-funded disaster recovery assistance requires invoking the most politically salient aspect of disasters: their tendency to increase social inequality. A liberal egalitarian principle of equal opportunity justifies assistance in recovery, at least for disadvantaged citizens. But further argument is required to show why the state should ever subsidize (...) rebuilding as opposed to relocation, if citizens can have access to equally good opportunities in a low-risk area. I argue that displacement has costs which matter under equal opportunity – but this rationale for disaster recovery extends to other causes of displacement, such as gentrification. (shrink)

In this collection, liberal and feminist philosophers debate whether marriage reform ought to stop with same-sex marriage. Some authors argue for abolishing marriage or for new legal forms such as polygamy or temporary marriage. Others argue that the liberal values justifying same-sex marriage do not entail further reform.

A short essay for a general readership on the morality of procreation.

The legal benefits of same-sex marriage should be expanded to other relationships, argues Elizabeth Brake.

This paper responds to arguments that polyamorous groups or care networks do not qualify for equal treatment with marriages. It refutes the points that polyamory is inherently hierarchical or unstable, that there are too few people in such arrangements to mount an argument for recognition, that polyamory harms children, and that there are insurmountable legal and practical hurdles to network marriage. Finally, it respond to the charge that extending recognition to polyamorists will devalue the recognition of same-sex marriage.

What, if anything, is wrong with price gouging? Its defenders argue that it increases supply of scarce necessities; critics argue that it is exploitative, inequitable and vicious. In this paper, I argue for its moral wrongness and legal prohibition, without relying on charges of exploitation, inequity or poor character. What is fundamentally wrong with price gouging is that it violates a duty of easy rescue. While legal enforcement of such duties is controversial, a special case can be made for their (...) legal enforcement in this context. This account distinguishes, morally, price gouging by corporations from that of individual entrepreneurs. (shrink)

This paper develops a Kantian account of the moral assessment of institutions. The problem I address is this: while a deontological theory may find that some legal institutions are required by justice, it is not obvious how such a theory can assess institutions not strictly required (or prohibited) by justice. As a starting-point, I consider intuitions that in some cases it is desirable to attribute non-consequentialist moral value to institutions not required by justice. I will argue that neither consequentialist nor (...) virtue-ethical accounts account for these intuitions, suggesting that a distinctive deontological account is needed. The account I give is drawn from Kant’s Metaphysics of Morals; I distinguish it from Kantian views of institutions developed by Barbara Herman and Onora O’Neill. Throughout, I use marriage as an example. (shrink)

Liberal egalitarians face unappreciated challenges in explaining why the state should assist citizens in disaster recovery and why the state should ever assist in rebuilding in high-risk areas. Addressing these challenges and justifying state-funded disaster recovery assistance requires invoking the most politically salient aspect of disasters: their tendency to increase social inequality. A liberal egalitarian principle of equal opportunity justifies assistance in recovery, at least for disadvantaged citizens. But further argument is required to show why the state should ever subsidize (...) rebuilding as opposed to relocation, if citizens can have access to equally good opportunities in a low-risk area. I argue that displacement has costs which matter under equal opportunity – but this rationale for disaster recovery extends to other causes of displacement, such as gentrification. (shrink)

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

of Rebecca Kukla , , from Notre Dame Philosophical Reviews.

This is a review of Elizabeth Brake's book Minimizing Marriage: Marriage, Morality, and the Law (Oxford University Press, 2012).

Comments for a paper by Elizabeth Brake (University of Calgary) called "Marriage and Morals," presented at the Summer Workshop on Feminist Philosophy at the University of British Columbia in Vancouver, BC, Canada June 17-18, 2005.

More than forty years have passed since Congress, in response to the Civil Rights Movement, enacted sweeping antidiscrimination laws in the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Fair Housing Act of 1968. As a signal achievement of that legacy, in 2008, Americans elected their first African American president. Some would argue that we have finally arrived at a postracial America, butThe Imperative of Integration indicates otherwise. Elizabeth Anderson demonstrates that, despite progress toward (...) racial equality, African Americans remain disadvantaged on virtually all measures of well-being. Segregation remains a key cause of these problems, and Anderson skillfully shows why racial integration is needed to address these issues. Weaving together extensive social science findings--in economics, sociology, and psychology--with political theory, this book provides a compelling argument for reviving the ideal of racial integration to overcome injustice and inequality, and to build a better democracy. -/- Considering the effects of segregation and integration across multiple social arenas, Anderson exposes the deficiencies of racial views on both the right and the left. She reveals the limitations of conservative explanations for black disadvantage in terms of cultural pathology within the black community and explains why color blindness is morally misguided. Multicultural celebrations of group differences are also not enough to solve our racial problems. Anderson provides a distinctive rationale for affirmative action as a tool for promoting integration, and explores how integration can be practiced beyond affirmative action. -/- Offering an expansive model for practicing political philosophy in close collaboration with the social sciences, this book is a trenchant examination of how racial integration can lead to a more robust and responsive democracy. (shrink)

Feminist epistemology and philosophy of science studies the ways in which gender does and ought to influence our conceptions of knowledge, the knowing subject, and practices of inquiry and justification. It identifies ways in which dominant conceptions and practices of knowledge attribution, acquisition, and justification systematically disadvantage women and other subordinated groups, and strives to reform these conceptions and practices so that they serve the interests of these groups. Various practitioners of feminist epistemology and philosophy of science argue that dominant (...) knowledge practices disadvantage women by (1) excluding them from inquiry, (2) denying them epistemic authority, (3) denigrating their “feminine” cognitive styles and modes of knowledge, (4) producing theories of women that represent them as inferior, deviant, or significant only in the ways they serve male interests, (5) producing theories of social phenomena that render women's activities and interests, or gendered power relations, invisible, and (6) producing knowledge (science and technology) that is not useful for people in subordinate positions, or that reinforces gender and other social hierarchies. Feminist epistemologists trace these failures to flawed conceptions of knowledge, knowers, objectivity, and scientific methodology. They offer diverse accounts of how to overcome these failures. They also aim to (1) explain why the entry of women and feminist scholars into different academic disciplines, especially in biology and the social sciences, has generated new questions, theories, and methods, (2) show how gender has played a.. (shrink)

Final Crisis was an event comic produced by DC Comics in 2008 and written by Grant Morrison. In the story, the villain Darkseid takes over the minds of a majority of the Earth's population, including many of its superheroes. Wonder Woman is a notable exception. When one digs into the history of Wonder Woman, though, it isn't difficult to see from where Morrison is coming. This chapter examines a term Zizek uses alongside his discussion of fetishes, the "symptom". In everyday (...) use, it is easy to confuse what Zizek calls a symptom. If Morrison finds the concept of Wonder Woman to be bogus in light of the kinky sexuality associated with her origin, one could see his portrayal of Wonder Woman in Final Crisis as an attempt to bring to light the repressed truth underneath the surface of her image as a feminist icon. (shrink)

We citizens of the 21st century live in a world where division of epistemic labour rules. Most of what we know we learned from the spoken or written word of others, and we depend in endless practical ways on the technological fruits of the dispersed knowledge of others—of which we often know almost nothing—in virtually every moment of our lives. Interest has been growing in recent years amongst philosophers, in the issues in epistemology raised by this fact. One issue concerns (...) the depth and extent of our epistemic dependence on testimony, as we may label this broad epistemic source: Do we have any knowledge at all that is free of epistemic dependence on what we have learned from others? A related question is whether our entitlement to believe what we have learned from others can be explained without invoking any epistemic principles special to testimony. These questions concern, as it were, the macro-epistemology of testimony. In the present discussion I shall focus instead on the micro foundations. Testimony, in our broad sense, can occur through an extensive range of types of spoken and written means of purportedly factual communication, including telephone calls, e-mails and personal letters, lectures and radio broadcasts, newspapers, textbooks and encyclopaedias, personal diaries, and public records of all kinds. But the central paradigm—what started the whole communication thing off—is surely that of face-to-face spoken encounter, when one person tells something to another, thereby intending and hoping to share her knowledge with her audience. I begin by describing the speech act of telling, identifying what takes place in a felicitous act of telling. From the nature of the speech act of telling, we see precisely how it is that knowledge is, when all goes as it should, acquired from teller by trusting hearer, in such an act, and in acts of testimony more broadly. (shrink)

Permissivism is the thesis that, for some body of evidence and a proposition p, there is more than one rational doxastic attitude any agent with that evidence can take toward p. Proponents of uniqueness deny permissivism, maintaining that every body of evidence always determines a single rational doxastic attitude. In this paper, we explore the debate between permissivism and uniqueness about evidence, outlining some of the major arguments on each side. We then consider how permissivism can be understood as an (...) underdetermination thesis, and show how this moves the debate forward in fruitful ways: in distinguishing between different types of permissivism, in dispelling classic objections to permissivism, and in shedding light on the relationship between permissivism and evidentialism. (shrink)

What influence did Josiah Royce's academic work (1913-1917) have on the development of classical Symbolic Interactionist thought? And which philosophical influences shaped Royce's social and philosophical thought? This book provides a holistic approach to Royce's academic work and the social philosophy that shaped Symbolic Interactionist theory. By critically evaluating the works of Royce, this book reveals how his ideas and social philosophy made significant contributions to both Symbolic Interactionist thought and sociological theory. Situating his contributions within a socio-historical time frame, (...) Royce's social philosophy is compared and contrasted to the major concepts of George Herbert Mead (Mind, Self, and Society) and Herbert Blumer's core synthesized components of classical symbolic interactionist thought (Symbolic Interactionism: Perspective and Method). Thus, demonstrating that Royce's later academic works closely resemble not only the basic ideas of Mead but also have a strong correspondence with Blumer's synthesis of the three basic premises and eight root images that outline the theoretical core of Symbolic Interactionist thought. For those looking to investigate or discover new aspects of symbolic interactionist theory from a classical viewpoint, this book offers a unique insight into an American philosopher whose contribution to the development of Symbolic Interactionism has been largely unnoticed. (shrink)

Traditional theistic arguments conclude that God exists. Pragmatic theistic arguments, by contrast, conclude that you ought to believe in God. The two most famous pragmatic theistic arguments are put forth by Blaise Pascal (1662) and William James (1896). Pragmatic arguments for theism can be summarized as follows: believing in God has significant benefits, and these benefits aren’t available for the unbeliever. Thus, you should believe in, or ‘wager on’, God. This article distinguishes between various kinds of theistic wagers, including finite (...) vs. infinite wagers, premortem vs. postmortem wagers, and doxastic vs. acceptance wagers. Then, we’ll turn to the epistemic-pragmatic distinction, and discusses the nuances of James’ argument, and how views like epistemic permissivism and epistemic consequentialism provide unique “hybrid” wagers. Finally, we’ll cover outstanding objections and responses. (shrink)

In this project I am concerned with the extent to which conceptual engineering happens in domains outside of philosophy, and if so, what that might look like. Specifically, I’ll argue that...

A new resolution of the mind-body problem that reconciles materialism and idealism.

On a rainy day in May 1988, a lowland gorilla named Willie B. stepped outdoors for the first time in twenty-seven years, into a new landscape immersion exhibit. Born in Africa, Willie B. had been captured by an animal collector and sold to a zoo. During the decades he spent in a cage, zoos stopped collecting animals from the wild and Americans changed the ways they wished to view animals in the zoo. Zoos developed new displays to simulate landscapes like (...) the Amazon River basin and African forests. Exhibits similar to animals' natural habitats began to replace old-fashioned animal houses. But such displays are only the most recent effort of zoos to present their audiences with an authentic experience of nature. Since the first zoological park opened in the United States in Philadelphia in 1874, zoos have promised their visitors a journey into the natural world. And for more than a century they have been popular places for education and recreation: every year more than 130 million Americans go to zoos to look at the animals and enjoy a day outdoors. The first book-length history of American zoos, Animal Attractions examines the meaning of nature in the city by looking at the ways zoos have assembled and displayed their animal collections. Situated literally and culturally in the American middle landscape, zoos are concrete expressions of longstanding tensions between wildness and civilization, science and popular culture, education and entertainment. In their efforts to promote nature appreciation, they reveal much about how our culture envisions the natural world and the human place in it and how these ideas have changed. (shrink)

On the phenomenal view of evidence, seemings are evidence. More precisely, if it seems to S that p, S has evidence for p. Here, I raise a worry for this view of evidence; namely, that it has the counterintuitive consequence that two people who disagree would rarely, if ever, share evidence. This is because almost all differences in beliefs would involve differences in seemings. However, many literatures in epistemology, including the disagreement literature and the permissivism literature, presuppose that people who (...) disagree often do share evidence. I conclude that this is a reason to question the phenomenal view of evidence. (shrink)