At the intersection of law, feminism and philosophy, this book analyses the ways in which certain bodies and 'selves' continue to be treated as monstrous aberrations from the 'ideal' figure or norm. Employing contemporary feminist philosophy to rethink accepted legal ideas, the book is divided into three sections. The first focuses on the different relational ontologies of philosophers Adriana Cavarero and Christine Battersby - also considering their work via a third term: Spinoza. The second turns to diverse feminist engagements with (...) the social contract theorists. The third section employs insights from throughout the book to focus more explicitly on law - and, in particular privacy law and the so-called 'wrongful birth' cases. Bringing together more than twenty years of sustained reflection, this book offers an insightful account of how contemporary feminist philosophy can contribute to a richer understanding of law. It will be of enormous interest to scholars and students working in the areas of legal theory, feminist thought and philosophy. (shrink)

This book uses contemporary feminist insights to examine aspects of the classic social contractarians' arguments, concentrating upon the work of Hobbes, Spinoza ...

By focusing upon three figures: a trade unionist, who can no longer understand or reconcile himself with his past misogynist behaviour; Spinoza’s Spanish poet, who loses his memory and can no longer write poetry or even recognise his earlier work; and Spinoza’s lost friend, Burgh, who became a devout Catholic, I draw out Spinoza’s description of radical change in beliefs. I explore how, for Spinoza, radical changes that involve an increase in our powers of acting are conceived differently from those (...) changes that reduce our power. These transitions—which can be viewed as both personal and political—are not symmetrical because of the way in which they can be understood in relation to selfhood. To highlight the originality of Spinoza’s argument on personal change, I then compare it with that of his contemporary John Locke, who in Chapter 27 of the Essay Concerning Human Understanding famously theorises the maintenance of personal identity. I draw out one common aspect of the work of Étienne Balibar and of Janet Coleman to compare the ways in which Spinoza and Locke produce different answers to the same questions: how do we conceptualise our encounters with bodies and with ideas? How do these encounters affect our identity over time? In the final section, I switch from analysing personal (but also political) change to consider political change itself, by juxtaposing Warren Montag’s Spinozist analysis of the will, with Carole Pateman’s feminist critique of contract and consent. (shrink)

This paper draws upon contemporary feminist philosophy in order to consider the changing meaning of privacy and its relationship to identity, both online and offline. For example, privacy is now viewed by European Court of Human Rights (ECtHR) as a right, which when breached can harm us by undermining our ability to maintain social relations. I briefly outline the meaning of privacy in common law and under the European Convention on Human Rights (ECHR) in order to show the relevance of (...) contemporary feminist thought, in particular the image of selfhood that stresses its relationality. I argue that the meaning of privacy is in the process of altering as a result of a number of contingent factors including both changes in technology, particularly computer mediated communication (CMC), and changes in the status of women. This latter point can be illustrated by the feminist critique of the traditional reluctance of the liberal state to interfere with violence and injustice within the “privacy” of the home. In asking the question: “how is the meaning of “privacy” changing?” I consider not only contemporary legal case law but also Thomas Nagel’s influential philosophical analysis of privacy. Nagel’s position is useful because of the detail with which he outlines what privacy used to mean, whilst bemoaning its passing. I agree with his view that its meaning is changing but am critical of his perspective. In particular, I challenge his claim regarding the traditional “neutrality of language” and consider it in the context of online identity. (shrink)

This paper explores two feminist contributions to the analysis of the social contract tradition, comparing the political philosophy of Carole Pateman with the moral theory of Jean Hampton, to ask two questions. First, which points must feminists continue to argue in their critique of the social contract tradition today? The second question is: Can feminists actually draw anything from the social contract tradition today? It argues that Pateman's critique of contractarianism continues to be useful when read in the context of (...) her analysis of “self‐ownership” and subordination rather than as a rewriting of the social contract. Hampton's deployment of a Kantian test for the failure of respect for personhood within domestic (and other) relationships does not undermine Pateman's position. Consideration of how such an ideal can be understood as potentially compatible with Pateman's perspective raises issues about the radical potential within claims for equal respect for personhood. In Hampton's work, widespread “test failure” can be used to indicate that political action rather than moral analysis is required. Hampton assumes that those employing the test are able to abstract themselves sufficiently from their current position to imagine what it would be to be treated as a person. It is argued that this “moral test” should be envisaged as being asked in concert with others, at which point it has the potential to become political action. (shrink)

This article aims to contribute to the question of how to conceptualise the relationship between theory and practice in feminist scholarship in law. It looks in detail at the implications of different issues raised in a recent debate between Anne Bottomley and Ngaire Naffine on the existence of a “legal feminist orthodoxy”. I critique the dominance of ethics over politics and join Bottomley in her attack upon “the ethics of respect for the other”, albeit from a different position. I then (...) look at the ways in which the problem of “essentialism” is being rethought from a feminist perspective. (shrink)

The emergence of queer ideas has unsettled other forms of exploring gender and sexuality, in particular feminism. In response, feminists have been significant critics of queer ideas. This book, through the contribution of important US and UK writers, seeks to explore the debates between feminist and queer theorizing in order to seek out interconnections between the two; they identify new directions in thinking about sexuality and gender that may emerge out of and at the interface.

In this article I explore the usefulness of Spinoza’s ethics for feminism by considering ways in which it allows feminists to rethink privacy. I draw upon some of Spinoza’s central ideas to address the following question: when should information be classed as private and when should it be communicated? This is a question that is considered by the common law courts. Attempts to find a moral underpinning for such a tortious action against invasions of privacy have tended to draw upon (...) Kant’s categorical imperative. In contrast, I want to consider how Spinoza provides an immanent ethics that reconfigures how privacy is understood. (shrink)

In this paper, I juxtapose the work of two contemporary feminist philosophers: Christine Battersby and Adriana Cavarero – both working within the Continental tradition – to show how they go well beyond feminist critique to produce different images of self-identity and conceptions of the political. Both reject traditional positions on selfhood but also stress the materiality of bodies and provide alternatives to the work of post-structuralists, such as Judith Butler. My aim is to draw out some of the politico-legal implications (...) of their differing images of selfhood. In the final section I then apply both their approaches to the concept of self to ask how their respective arguments can inform contemporary political questions regarding privacy and dissensus. (shrink)

This article assesses Jean Hampton’s feminist contractarianism by considering the way in which she draws together the contradictory positions of Hobbes and Kant to produce a test for exploitation in personal relationships. The ways in which this work fits with her other analysis of retribution, gratitude and self-worth are examined. Hampton’s work is evaluated in the context of Carole Pateman’s argument that moral theories distract from the political analysis of who has a voice in relationships. Hampton’s work presumes the social (...) and economic structures that Pateman has done so much to understand. It is useful as a claim for justice in personal relationships, to be considered as part of consciousness-raising or public debate. (shrink)

Ten years after the Human Genome Project’s completion the life sciences stand in a moment of uncertainty, transition, and contestation. The postgenomic era has seen rapid shifts in research methodology, funding, scientific labor, and disciplinary structures. Postgenomics is transforming our understanding of disease and health, our environment, and the categories of race, class, and gender. At the same time, the gene retains its centrality and power in biological and popular discourse. The contributors to Postgenomics analyze these ruptures and continuities and (...) place them in historical, social, and political context. Postgenomics, they argue, forces a rethinking of the genome itself, and opens new territory for conversations between the social sciences, humanities, and life sciences. Contributors. Russ Altman, Rachel A. Ankeny, Catherine Bliss, John Dupré, Michael Fortun, Evelyn Fox Keller, Sabina Leonelli, Adrian Mackenzie, Margot Moinester, Aaron Panofsky, Sarah S. Richardson, Sara Shostak, Hallam Stevens. (shrink)

Schools are interesting as complex organizations in and of themselves but even more so for how they refract the societal dynamics by which inequality is reproduced, an enduringly vexing question (Fligstein & McAdam, 2012:3). Educational attainment is core to socioeconomic status and connected to outcomes in housing, health, and employment. Unequal schools in fields characterized by stratification are often the subject of reform attempts (Tyack, 1974). We examine how a wealthier and a poorer school responded to a state-level regulatory mandate (...) for change, in the U.S. context of schools as putative engines of opportunity. Bourdieu’s “master concepts” of field, habitus, and cultural capital (Swartz, 2008) are often applied, and we used them to answer frequent but still relatively unanswered calls in the literature: first, to use the master concepts together rather than singularly, and second, to attend specifically to the organization level and what it refracts (Dobbin, 2008; Emirbayer & Johnson, 2008; Hallett & Gougherty, 2018; Lounsbury & Ventresca, 2003; Mohr, 2013). For this integrative and organizational level approach, we derived the concept of “class signature,” which enabled us to focus on practices in organizations. This lens revealed “resistant compliance” in the wealthier school and “compliant resistance” in the poorer school, both of which reshaped the stratified field, even if stratification was not rectified. These responses appeared to reproduce inequality, not simplistically, we argue, but along a winding path fraught with practical experiments, protection against penalties, redefinition of the reform’s terms, and some small gains to remedy intra-organizational inequalities. (shrink)

There is a mental geography that may find its explorers, but never its cartographers.Annie Le BrunThe nature of the relationship between surrealism and anthropology has been a focus of recent anthropological debate. This relation has not been considered at the level of methodology and the aim of this article is to consider surrealism in specific methodological relation with anthropology, particularly about how the idea of travel has been conceptualized.

This article reflects on childhood times based on the words chrónos, kairós and aión, which the Greeks use to conceptualize time, in dialogue with different authors, such as Kohan, Pohlmann, Skliar, Kohan and Fernandes. In the pedagogical field, we explore how Pedagogy of Childhood has focused on the importance of childhood temporality and children’s agency, with contributions from Hoyuelos, Parrini, Aguilera et al., Barbosa, Oliveira-Formosinho e Araújo, Oliveira-Formosinho, Pinazza and Gobbi. We reflect on what forms of organizing time are possible (...) when we think about children and their childhoods. Would it be a continuous and chronological time, a time of opportunity for the instant or the timeless intensity of the aiónic? Would it be possible to open spaces in school for other temporalities, given its immersion in chronological time, and its extreme emphasis on routine? We seek a relationship between forms of temporality, philosophy, and early education in order to explore alternative possibilities in the relationship between child and the school context, and conclude that, since the child’s is the aiónic time of intense experience, it is in the heightened dynamic immediacy and the multiple symbolic languages of play that it may be possible to create pedagogical structures that provide a dwelling for childhood temporality. (shrink)

Ever since it was first published 1930, William Empson's "Seven Types of Ambiguity" has been perceived as a milestone in literary criticism - far from being an impediment to communication, ambiguity now seemed an index of poetic richness and expressive power. Little, however, has been written on the broader trajectory of Western thought about ambiguity before Empson; as a result, the nature of his innovation has been poorly understood. This book remedies this omission. Starting with classical grammar and rhetoric, and (...) moving on to moral theology, law, biblical exegesis, German philosophy, and literary criticism, the author explores the many ways in which readers and theorists posited, denied, conceptualized, and argued over the existence of multiple meanings in texts between antiquity and the twentieth century. This process took on a variety of interconnected forms, from the Renaissance delight in the "elegance" of ambiguities in Horace, through the extraordinary Catholic claim that Scripture could contain multiple literal - and not just allegorical - senses, to the theory of dramatic irony developed int he nineteenth century, a theory intertwined with discoveries of the double meanings in Greek tragedy. Such narratives are not merely of antiquarian interest: rather, they provide an insight into the foundations of modern criticism, revealing deep resonances between acts of interpretation in disparate eras and contexts. This book lays bare the long tradition of efforts to liberate language, and even a poet's intention, from the strictures of a single meaning. (shrink)

Moral reasoning is individual or collective practical reasoning about what, morally, one ought to do. Philosophical examination of moral reasoning faces both distinctive puzzles — about how we recognize moral considerations and cope with conflicts among them and about how they move us to act — and distinctive opportunities for gleaning insight about what we ought to do from how we reason about what we ought to do.

David Estlund’s Democratic Authority develops a novel doctrine of “normative consent,” according to which the nonconsent of those with a duty to consent is null. This article suggests that this doctrine can be defended by confining it to contexts involving consent to an authority, which raise distinctive normative challenges, but argues that Estlund’s attempt to deploy the doctrine fails, for it does not provide convincing reasons to think that citizens have any duty to consent. In closing, the article suggests that (...) the doctrine of normative consent might yet do some useful work in a quite different theoretical setting. (shrink)

This chapter contains sections titled: Introduction The World as Becoming How Time Arises for Organisms Human Time Eternal Return Conclusion on Realism and Idealism.

This provocative book paved the way for nursing research informed by f eminist scholarship, critical theory, and post-modern thought. Controv ersial then, relevant today.

This paper begins by isolating the reductive component of Brandom's inferentialism. In order to assess to what extent that reductive component is supported by the considerations Brandom marshals in its defense, I assess the comparative degree of support those considerations provide a non-reductive counterpart of Brandom's original, reductive theory. One of the central claims here is that once the reductive and non-reductive theories are placed side-by-side, it is clear that, save one, all of the considerations Brandom marshals in defense of (...) inferentialism equally well support its non-reductive counterpart. This shows that those considerations offer no support for the reductions at inferentialism's heart. -/- What the considerations raised here ultimately show is that Brandom's defense of the reductive core of his theory ultimately rests on the simple fact that it has a certain feature, namely, that it is reductive in the sense reserved here. I close with a brief discussion of some advantages that some reductive theories have over non-reductive ones, but show how none of these advantages are had by Brandom's theory in particular. (shrink)

[pt. 1] Variables and quantities, with a discussion of the general conception of functional relation. 1916.

This chapter argues that gustatory properties such as sweetness or saltiness are not proprietary to the sense of taste. Rather, we can maintain the common-sense view that such properties can be smelled as well as tasted.

The purpose of this article is to assess Rosabeth Moss Kanter's work on tokenism in light of more than a decade of research and discussion. While Kanter argued that performance pressures, social isolation, and role encapsulation were the consequences of disproportionate numbers of women and men in a workplace, a review of empirical data concludes that these outcomes occur only for token women in gender-inappropriate occupations. Furthermore, Kanter's emphasis on number balancing as a social-change strategy failed to anticipate backlash from (...) dominants. Blalock's theory of intrusiveness suggests that surges in the number of lower-status members threaten dominants, thereby increasing gender discrimination in the forms of sexual harassment, wage inequities, and limited opportunities for promotion. Although Kanter's analysis of the individual consequences of tokenism was compelling to researchers and organizational change agents, continued reliance on numbers as the theoretical cause of, and as the solution to, gender discrimination in the workplace neglects the complexities of gender integration. (shrink)

What considerations place genuine constraints on an adequate semantics for normative and evaluative expressions? Linguists recognize facts about ordinary uses of such expressions and competent speakers’ judgments about which uses are appropriate. The contemporary literature reflects the widespread assumption that linguists don’t rely upon an additional source of data—competent speakers’ judgments about possible disagreement with hypothetical speech communities. We have several good reasons to think that such judgments are not probative for semantic theorizing. Therefore, we should accord these judgments no (...) probative value for the development of a semantics for our moral terms. Such judgments can no longer be presumed to put pressure on theories according to which our moral expressions share a semantics with ordinary, descriptive terms. Many rivals to pure, Descriptivist theories count among their advantages the ability to accommodate these judgments. If these judgments have no probative value, such theories lose an important source of support. (shrink)

A comprehensive, systematic, and historical collection of essays on Rudolf Carnap's philosophy and legacy, written by leading international experts. This volume provides a redressing of Carnap's place in the history of analytic philosophy, through his approach to metaphysics, values, politics, epistemology and philosophy of science.

The phenomenon of industrial melanism became widely acknowledged as a well-documented example of natural selection largely as a result of H.B.D. Kettlewell’s pioneering research on the subject in the early 1950s. It was quickly picked up by American biology textbooks starting in the early 1960s and became ubiquitous throughout the 1970s, 1980s and 1990s. While recent research on the phenomenon broadly supports Kettlewell’s explanation of IM in the peppered moth, which in turn has strengthened this example of natural selection, textbook (...) IM entries have actually declined in recent years in favor of other examples. In a previous paper, we drew attention to the pivotal role visual aspects played in the introduction of IM into textbook accounts. The present article continues this investigation by analyzing textual passages on industrial melanism within a stratified random sample of textbooks from the 1960s to the 2000s. The fact that this example of natural selection was included by multiple publishers independently, in a short period of time, makes it uniquely qualified for a textbook study of this kind. The purpose of the present project was to determine whether these textbooks contain what has come to be known as the standard peppered moth story. Three complete series were also inspected for change across time. Our analysis focused on the amount of text devoted to industrial melanism; what specific science content elements were present; and what, if any, nature of science aspects were included. The study documents an increase in the amount of text devoted to industrial melanism over the decades. In spite of this increase, only modest changes in science content and NOS aspects were found. (shrink)

This chapter discusses three puzzles about practical conditionals and inferences and shows how the flexible, contextualist semantic framework for “ought”. The chapter develops elsewhere resolves all three puzzles more satisfactorily than any of its three most prominent rivals, the relativist account of Niko Kolodny and John MacFarlane, the wide-scoping account of John Broome, and the “trying on” account of James Dreier. The chapter first introduces the puzzle cases and six desiderata for their solutions, and then shows how only flexible contextualism (...) about “ought” is able to resolve each while satisfying all six desiderata. (shrink)