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  1. Foucault, Rights and Freedom.Ben Golder - 2013 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (1):5-21.
    As dominant liberal conceptions of the relationship between rights and freedom maintain, freedom is a property of the individual human subject and rights are a mechanism for protecting that freedom—whether it be the freedom to speak, to associate, to practise a certain religion or cultural way of life, and so forth. Rights according to these kinds of accounts are protective of a certain zone of permitted or valorised conduct and they function either as, for example, a ‘side-constraint’ on the actions (...)
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  • Masculinity Studies and the Jargon of Strategy: Hegemony, Tautology, Sense.Timothy Laurie - 2015 - Angelaki 20 (1):13-30.
    :This article interrogates “masculinity” as a named object of study for the social sciences, and sociology in particular, by drawing on the analysis of sense and language in Gilles Deleuze's The Logic of Sense. While rejecting essentialist definitions of masculine attributes, sociologists have long insisted that masculinity can be defined as a strategic articulation in the pursuit of social goals. Developing Deleuze's notion of the “singularity” within signifying series, this article argues that sociological emphases on goal-oriented practices have elided important (...)
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  • Socializing the Public: Invoking Hannah Arendt’s Critique of Modernity to Evaluate Reproductive Technologies. [REVIEW]Daniel Sperling - 2012 - Medicine, Health Care and Philosophy 15 (1):53-60.
    The article examines the writings of one of the most influential political philosophers, Hannah Arendt, and specifically focuses on her views regarding the distinction between the private and the public and the transformation of the public to the social by modernity. Arendt’s theory of human activity and critique of modernity are explored to critically evaluate the social contributions and implications of reproductive technologies especially where the use of such technologies is most dominant within Western societies. Focusing on empirical studies on (...)
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  • Treating People as Equals: Ethical Objections to Racial Profiling and the Composition of Juries. [REVIEW]Annabelle Lever - 2011 - The Journal of Ethics 15 (1-2):61 - 78.
    This paper shows that the problem of treating people as equals in a world marked by deep-seated and, often, recalcitrant inequalities has implications for the way we approach the provision of security and justice. On the one hand, it means that racial profiling will generally be unjustified even when it might promote collective interests in security, on the other, it means that we should strive to create racially mixed juries, even in cases where defendant and alleged-victim are of the same (...)
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  • ‘She Knew What Was Expected of Her’: The White Legal System’s Encounter with Traditional Marriage.Heather Douglas - 2005 - Feminist Legal Studies 13 (2):181-203.
    A recent case in the Northern Territory of Australia has raised the issues of intra-racial rape and the legal recognition of traditional marriages between Indigenous people. The defendant in the Jamilmira case was charged with statutory rape of a 15-year-old girl. He argued that the girl’s status as his promised wife should lead to mitigation of his sentence. Members of the Northern Territory judiciary and others in the community were divided in their response to his claim. Ultimately the case led (...)
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  • Pink Chaddis and SlutWalk Couture: The Postcolonial Politics of Feminism Lite. [REVIEW]Ratna Kapur - 2012 - Feminist Legal Studies 20 (1):1-20.
    The SlutWalk campaigns around the world have triggered a furious debate on whether they advance or limit feminist legal politics. This article examines the location of campaigns such as the SlutWalk marches in the context of feminist legal advocacy in postcolonial India, and discusses whether their emergence signifies the demise of feminism or its incarnation in a different guise. The author argues that the SlutWalks, much like the Pink Chaddi (panty) campaign in India, provide an important normative and discursive challenge (...)
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  • International Criminal Law as a Site for Enhancing Women’s Rights? Challenges, Possibilities, Strategies.Kiran Kaur Grewal - 2015 - Feminist Legal Studies 23 (2):149-165.
    Many scholars and activists have argued that the International Criminal Court holds potential for advancing the rights of women and girls, leading to extensive feminist engagement with and investment in the Court. As the ICC enters its second decade of existence, this article offers a reflection on both the possibilities and the challenges facing feminists. Can the international criminal law really offer a site for enhancing the rights of women? And if so, how? To explore these questions I focus on (...)
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  • Response to Five Philosophers: Toward a Feminist Theory of the State Some Decades Later.A. MacKinnon Catharine - 2017 - Feminist Philosophy Quarterly 3 (2):1-19.
    In this response to the five philosophers who engaged her Toward a Feminist Theory of the State in decades-down-the-road assessments, Professor MacKinnon takes up the central questions in the dialogues they raised on questions of epistemology, method, social construction, racism, and judgment. She re-asserts the centrality of sexuality in gender and sexual abuse in gender inequality and recounts some of the legal consequences of this critique, which she originated.
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  • On Silencing and Systematicity: The Challenge of the Drowning Case.Mary Kate McGowan, Ilana Walder‐Biesanz, Morvareed Rezaian & Chloe Emerson - 2016 - Hypatia 31 (1):74-90.
    Silencing is a speech-related harm. We here focus on one particular account of silencing offered by Jennifer Hornsby and Rae Langton. According to this account, silencing is systematically generated, illocutionary-communicative failure. We here raise an apparent challenge to that account. In particular, we offer an example—the drowning case—that meets these conditions of silencing but does not intuitively seem to be an instance of it. First, we explore several conditions one might add to the Hornsby-Langton account, but we argue that none (...)
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  • The Difference Sameness Makes: Objectification, Sex Work, and Queerness.Ann J. Cahill - 2014 - Hypatia 29 (4):840-856.
    With its implicit vilification of materiality, the notion of objectification has failed to produce a coherent and effective ethical analysis of heterosexual sex work. The concept of derivatization, grounded in an Irigarayan model of embodied intersubjectivity, is more effective. However, queer sex work poses new and different ethical challenges. This paper argues that although queer sex work can entail both objectification and derivatization, the former is not ethically objectionable, and the latter, although the cause for some justified ethical concern, must (...)
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  • Because I Said So: Toward a Feminist Theory of Authority.Rebecca Hanrahan & Louise Antony - 2000 - Hypatia 20 (4):59-79.
    : Feminism is an antiauthoritarian movement that has sought to unmask many traditional "authorities" as ungrounded. Given this, it might seem as if feminists are required to abandon the concept of authority altogether. But, we argue, the exercise of authority enables us to coordinate our efforts to achieve larger social goods and, hence, should be preserved. Instead, what is needed and what we provide for here is a way to distinguish legitimate authority from objectionable authoritarianism.
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  • Because I Said So: Toward a Feminist Theory of Authority.Rebecca Hanrahan & Louise Antony - 2000 - Hypatia 20 (4):59-79.
    Feminism is an antiauthoritarian movement that has sought to unmask many traditional "authorities" as ungrounded. Given this, it might seem as if feminists are required to abandon the concept of authority altogether. But, we argue, the exercise of authority enables us to coordinate our efforts to achieve larger social goods and, hence, should be preserved. Instead, what is needed and what we provide for here is a way to distinguish legitimate authority from objectionable authoritarianism.
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  • Deformed Desires and Informed Desire Tests.Anita Superson - 2000 - Hypatia 20 (4):109-126.
    The formal theory of rational choice as grounded in desire-satisfaction cannot account for the problem of such deformed desires as women's slavish desires. Traditional "informed desire" tests impose conditions of rationality, such as full information and absence of psychoses, but do not exclude deformed desires. I offer a Kantian-inspired addendum to these tests, according to which the very features of deformed desires render them irrational to adopt for an agent who appreciates her equal worth.
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  • Deformed Desires and Informed Desire Tests.Anita Superson - 2000 - Hypatia 20 (4):109-126.
    : The formal theory of rational choice as grounded in desire-satisfaction cannot account for the problem of such deformed desires as women's slavish desires. Traditional "informed desire" tests impose conditions of rationality, such as full information and absence of psychoses, but do not exclude deformed desires. I offer a Kantian-inspired addendum to these tests, according to which the very features of deformed desires render them irrational to adopt for an agent who appreciates her equal worth.
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  • Liberalism, Adaptive Preferences, and Gender Equality.Ann Levey - 2000 - Hypatia 20 (4):127-143.
    I argue that a gendered division of labor is often the result of choices by women that count as fully voluntary because they are an expression of preferences and commitments that reflect women's understanding of their own good. Since liberalism has a commitment to respecting fully voluntary choices, it has a commitment to respecting these gendered choices. I suggest that justified political action may require that we fail to respect some people's considered choices.
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  • Liberal Rights Theory and Social Inequality: A Feminist Critique.Lisa Schwartzman - 1999 - Hypatia 14 (2):26-47.
  • Pornography's Many Meanings: A Reply to C. M. Concepcion.Alisa L. Carse - 1999 - Hypatia 14 (1):101-111.
    C.M. Concepcion's review of "Pornography: An Uncivil Liberty?" fundamentally misconstrues the position defended in that article. This paper examines possible sources of this misconstrual, focusing critical attention on the narrowly crafted, morally loaded notion of "pornography" that figures centrally in the original argument under review. Pornography is not a category of speech that can be characterized as having one crucial meaning or message, nor is the message of pornography easily identifiable in instances of pornographic speech. This raises the problem of (...)
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  • Response to Friedman and Brison.Nancy J. Hirschmann - 2001 - Hypatia 21 (4):201-211.
    Here, Hirschmann responds to Marilyn Friedman and Susan J. Brison's comments on The Subject of Liberty: Toward a Feminist Theory of Freedom. She clarifies some aspects of her social construction argument, articulates the role of discourse and its relation to material reality, and explicates the potentially paradoxical case of support for women's choices when those choices produce harm.
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  • Liberalism, Adaptive Preferences, and Gender Equality.Ann Levey - 2000 - Hypatia 20 (4):127-143.
    : I argue that a gendered division of labor is often the result of choices by women that count as fully voluntary because they are an expression of preferences and commitments that reflect women's understanding of their own good. Since liberalism has a commitment to respecting fully voluntary choices, it has a commitment to respecting these gendered choices. I suggest that justified political action may require that we fail to respect some people's considered choices.
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  • Equality Issues and Pornography in Canada: R. V. Butler. [REVIEW]Stephanie Palmer - 1994 - Feminist Legal Studies 2 (1):91-97.
  • Indiscriminate Mass Surveillance and the Public Sphere.Titus Stahl - 2016 - Ethics and Information Technology 18 (1):33-39.
    Recent disclosures suggest that many governments apply indiscriminate mass surveillance technologies that allow them to capture and store a massive amount of communications data belonging to citizens and non-citizens alike. This article argues that traditional liberal critiques of government surveillance that center on an individual right to privacy cannot completely capture the harm that is caused by such surveillance because they ignore its distinctive political dimension. As a complement to standard liberal approaches to privacy, the article develops a critique of (...)
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  • A Feminist Liberal Approach to Hate Crime Legislation.Amy R. Baehr - 2003 - Journal of Social Philosophy 34 (1):134–152.
  • Biologising Paternity, Moralising Maternity: The Construction of Parenthood in the Determination of Paternity Through the Courts in Portugal. [REVIEW]Helena Machado - 2008 - Feminist Legal Studies 16 (2):215-236.
    This article explores how the Portuguese legal system’s efforts to determine paternity of children born outside legal marriage, automatically initiated by the Registry Office when a birth registration does not indicate the father, reveal cultural models which reinforce the naturalisation of the differences between mothers and fathers, with significant effects on the social construction of parental roles and on expectations of family organisation and female sexual behaviour. The article relies on ethnographic data drawn from direct observation of court proceedings for (...)
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  • Oppressive Speech.Mary Kate McGowan - 2009 - Australasian Journal of Philosophy 87 (3):389 – 407.
    I here present two different models of oppressive speech. My interest is not in how speech can cause oppression, but in how speech can actually be an act of oppression. As we shall see, a particular type of speech act, the exercitive, enacts permissibility facts. Since oppressive speech enacts permissibility facts that oppress, speech must be exercitive in order for it to be an act of oppression. In what follows, I distinguish between two sorts of exercitive speech acts (the standard (...)
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  • Twenty Years of Feminist Philosophy.Ann Ferguson - 1994 - Hypatia 9 (3):197 - 215.
    This paper provides an overview of twenty years of feminist philosophy in Northamerica. The professionalization of feminist theory that has occurred through the mainstreaming of feminist philosophy creates a danger of a gap between theory and practice that creates the danger of co-optation. Three stages of feminist philosophizing are outlined, including the radical critique, gender difference and difference/post-modernist stages. The last stage, it is argued, leads to an conceptual impasse about feminist strategies for social change.
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  • Liberal Feminism, From Law to Art: The Impact of Feminist Jurisprudence on Feminist Aesthetics.L. Ryan Musgrave - 2003 - Hypatia 18 (4):214-235.
    : This essay explores how early approaches in feminist aesthetics drew on concepts honed in the field of feminist legal theory, especially conceptions of oppression and equality. I argue that by importing these feminist legal concepts, many early feminist accounts of how art is political depended largely on a distinctly liberal version of politics. I offer a critique of liberal feminist aesthetics, indicating ways recent work in the field also turns toward critical feminist aesthetics as an alternative.
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  • Drawing the Line: Art Versus Pornography.Hans R. V. Maes - 2011 - Philosophy Compass 6 (6):385-397.
    Art and pornography are often thought to be mutually exclusive. The present article argues that this popular view is without adequate support. Section 1 looks at some of the classic ways of drawing the distinction between these two domains of representation. In Section 2, it is argued that the classic dichotomies may help to illuminate the differences between certain prototypical instances of pornography and art, but will not serve to justify the claim that pornography and art are fundamentally incompatible. Section (...)
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  • Gender, Race, and Difference: Individual Consideration Versus Group-Based Affirmative Action in Admission to Higher Education.Alison M. Jaggar - 1996 - Southern Journal of Philosophy 35 (S1):21-51.
  • Justice and Virtue in Kant's Account of Marriage.Elizabeth Brake - 2005 - Kantian Review 9:58-94.
    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 (...)
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  • Women, Animals, and the Unknown : Hume's Philosophy of Nature.Peter Trnka - 1997 - Journal of the British Society for Phenomenology 28 (3):255-272.
  • Women’s Standpoints and Internalism in Sport.Michael Burke - 2014 - Journal of the Philosophy of Sport 41 (1):39-52.
    David Fairchild explains that sport is an evocative symbolic system that demonstrates the apparently ‘natural’ division of humans into two separate and dichotomous genders, and also demonstrates the apparently ‘genetically based’ hierarchy between the genders in terms of sporting results. Additionally, this hierarchy of performance translates into a hierarchy of authority, such that men occupy the most powerful positions in coaching, administration and the sports media. The initial section of this paper will follow on from Fairchild to suggest some changes (...)
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  • A Feminist Reconstruction of Liberal Rights and Sport.Michael Burke - 2010 - Journal of the Philosophy of Sport 37 (1):11-28.
  • Infected by Evil.James Harold - 2005 - Philosophical Explorations 8 (2):173 – 187.
    In this paper I argue that there is good reason to believe that we can be influenced by fictions in ways that matter morally, and some of the time we will be unaware that we have been so influenced. These arguments fall short of proving a clear causal link between fictions and specific changes in the audience, but they do reveal rather interesting and complex features of the moral psychology of fiction. In particular, they reveal that some Platonic worries about (...)
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  • Law’s Response to Pregnancy/Workplace Conflicts: A Critique. [REVIEW]C. Grace James - 2007 - Feminist Legal Studies 15 (2):167-188.
    This paper considers law’s engagement with pregnancy/workplace conflicts. Drawing on recent research, including original empirical research conducted by the author, I consider how law’s response is ineffective. The nature of this ‘ineffective response’ is explored and in particular I consider the gap between, on the one hand, legal prescriptions and policy ambitions and, on the other hand, the reality of pregnancy/workplace conflicts. In essence, law fails to capture the experiences of pregnant women and new mothers at work and this is (...)
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  • Birthing a Mother: The Surrogate Body and the Pregnant selfElly Teman.Omi Leissner - 2012 - International Journal of Feminist Approaches to Bioethics 5 (1):133-159.
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  • Performance, Self-Explanation, and Agency.Ron Mallon - 2015 - Philosophical Studies 172 (10):2777-2798.
    Social constructionist explanations of human thought and behavior hold that our representations produce and regulate the categories, thoughts, and behaviors of those they represent. Performative versions of constructionist accounts explain these thoughts and behaviors as part of an intentional, strategic performance that is elicited and regulated by our representations of ourselves. This paper has four aims. First, I sketch a causal model of performative social constructionist claims. Second, I articulate a puzzling feature of performative claims that makes them seem especially (...)
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  • Culture, Power and the Social Construction of Morality: Moral Voices of Chinese Students.Kimberly A. Chang - 1996 - Journal of Moral Education 25 (2):141-157.
    Abstract This study challenges Carol Gilligan's gendered interpretation of moral voice by examining the ways in which moral problems and responses were socially constructed in the contexts of power relations based not on gender, but culture. In?depth interviews were conducted with 30 mainland Chinese men and women studying in the United States regarding their lived experiences of moral conflict and choice. Out of these interviews, the problem of power emerged as a central moral concern in Chinese students? relationships with Americans. (...)
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  • No More Like Pallas Athena: Displacing Patrilineal Accounts of Modern Feminist Political Theory.Jim Jose - 2004 - Hypatia 19 (4):1-22.
    The history of modern feminist political theories is often framed in terms of the already existing theories of a number of radical nineteenth-century men philosophers such as James Mill, John Stuart Mill, Charles Fourier, Karl Marx, and Friedrich Engles. My argument takes issue with this way of framing feminist political theory by demonstrating that it rests on a derivation that remains squarely within the logic of malestream political theory. Each of these philosophers made use of a particular discursive trope that (...)
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  • Moral Responsibility and Social Change: A New Theory of Self.Ann Ferguson - 1997 - Hypatia 12 (3):116-141.
    The aim of this essay is to rethink classic issues of freedom and moral responsibility in the context of feminist and antiracist theories of male and white domination. If personal identities are socially constructed by gender, race and ethnicity, class and sexual orientation, how are social change and moral responsibility possible? An aspects theory of selfhood and three reinterpretations of identity politics show how individuals are morally responsible and nonessentialist ways to resist social oppression.
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  • Rape as an Essentially Contested Concept.Eric Reitan - 2001 - Hypatia 16 (2):43-66.
    : Because "rape" has such a powerful appraisive meaning, how one defines the term has normative significance. Those who define rape rigidly so as to exclude contemporary feminist understandings are therefore seeking to silence some moral perspectives "by definition." I argue that understanding rape as an essentially contested concept allows the concept sufficient flexibility to permit open moral discourse, while at the same time preserving a core meaning that can frame the discourse.
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  • Social Construction and Achieving Reference.Ron Mallon - 2017 - Noûs 51 (1):113-131.
    One influential view is that at least some putatively natural human kinds are actually social constructions, understood as some real kind of thing that is produced or sustained by our social and conceptual practices. Category constructionists share two commitments: they hold that human category terms like “race” and “sex” and “homosexuality” and “perversion” actually refer to constructed categories, and they hold that these categories are widely but mistakenly taken to be natural kinds. But it is far from clear that these (...)
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  • Beyond Humanism and Postmodernism: Theorizing a Feminist Practice.Sara Ahmed - 1996 - Hypatia 11 (2):71 - 93.
    The model of feminism as humanist in practice and postmodern in theory is inadequate. Feminist practice and theory directly inform each other to displace both humanist and postmodern conceptions of the subject. An examination of feminism's use of rights discourse suggests that feminist practice questions the humanist conception of the subject as a self-identity. Likewise, feminist theory undermines the postmodern emphasis on the constitutive instability and indeterminacy of the subject.
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  • Liberal Feminism, From Law to Art: The Impact of Feminist Jurisprudence on Feminist Aesthetics.L. Ryan Musgrave - 2003 - Hypatia 18 (4):214-235.
    This essay explores how early approaches in feminist aesthetics drew on concepts honed in the field of feminist legal theory, especially conceptions of oppression and equality. I argue that by importing these feminist legal concepts, many early feminist accounts of how art is political depended largely on a distinctly liberal version of politics. I offer a critique of liberal feminist aesthetics, indicating ways recent work in the field also turns toward critical feminist aesthetics as an alternative.
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  • Conceptions of Care: Altruism, Feminism, and Mature Care.Tove Pettersen - 2012 - Hypatia 27 (2):366-389.
    In “Conceptions of Care,” Tove Pettersen discusses and articulates select ways in which care can be comprehended. Several difficulties related to an altruistic understanding of care are examined before the author presents the case for a more favorable concept: mature care. Mature care is intended to take into account the interests of both parties to the caring relationship. This understanding of care facilitates the expression of the relational and reciprocal aspects of caring while emphasizing the equal worth of all involved. (...)
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  • The Dilemma Faced by Chinese Feminists.Xinyan Jiang - 2000 - Hypatia 15 (3):140-160.
    : In this essay I argue that in any country, the realization of sexual equality requires a certain level of economic development. I support this general theme by examining a particular case--a dilemma faced by Chinese feminists today. I intend to show that in a developing country such as China, where heavy physical labor is still in great demand in daily life and productive activity, full sexual equality cannot be a reality.
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  • Taking Dependency Seriously: The Family and Medical Leave Act Considered in Light of the Social Organization of Dependency Work and Gender Equality.Eva Feder Kittay - 1995 - Hypatia 10 (1):8 - 29.
    Contemporary industrialized societies have been confronted with the fact and consequences of women's increased participation in paid employment. Whether this increase has resulted from women's desire for equality or from changing economic circumstances, women and men have been faced with a crisis in the organization of work that concerns dependents, that is, those unable to care for themselves. This is labor that has been largely unpaid, often unrecognized, and yet is indispensable to human society.
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  • (In)Quest of Liberal Feminism.Loretta Kensinger - 1997 - Hypatia 12 (4):178 - 197.
    I am interested in exploring the usefulness and limits of traditional categories of feminist theory, such as those laid out by Alison Jaggar (1977; 1983). I begin the analysis by critically comparing various treatments of liberal feminism. I focus throughout this investigation on uncovering ways that current frameworks privilege white authors and concerns, recreate the split between theory and activism, and obscure long histories of theoretical and practical coalition and alliance work.
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  • Unity and Diversity in Feminist Legal Theory.Margaret Jane Davies - 2007 - Philosophy Compass 2 (4):650–664.
  • Liberal Rights Theory and Social Inequality: A Feminist Critique.Lisa Schwartzman - 1999 - Hypatia 14 (2):26-47.
    : Liberal rights theory can be used either to challenge or to support social hierarchies of power. Focusing on Ronald Dworkin's theory of rights and Catharine MacKinnon's feminist critique of liberalism, I identify a number of problems with the way that liberal theorists conceptualize rights. I argue that rights can be used to chal-lenge oppressive practices and structures only if they are defined and employed with an awareness and critique of social relations of power.
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  • Pornography's Many Meanings: A Reply to C. M. Concepcion.Alisa L. Carse - 1999 - Hypatia 14 (1):101-111.
    : C.M. Concepcion's review of "Pornography: An Uncivil Liberty?" (Carse 1995) fundamentally misconstrues the position defended in that article. This paper examines possible sources of this misconstrual, focusing critical attention on the narrowly crafted, morally loaded notion of "pornography" that figures centrally in the original argument under review. Pornography is not a category of speech that can be characterized as having one crucial meaning or message, nor is the message of pornography easily identifiable in instances of pornographic speech. This raises (...)
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