Hypatia 30 (4):846-861 (2015)

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Katy Fulfer
University of Waterloo
Abstract
Feminist scholars have done much to identify oppressive forces within transnational commercial contract pregnancy and its social context that may coerce women into becoming gestational laborers. Feminists have also been careful not to depict gestational laborers as merely passive victims of oppression, though there is disagreement about the degree to which contract pregnancy offers opportunities for agency. In this article I consider how women who sell gestational labor may be agents against their oppression. I make explicit connections between resistance and judgment, which I will take to be a critically considered, intersubjective evaluative claim. Drawing on work by Jennifer Nedelsky and Hannah Arendt, my main argument will be that individual judgments can better enable oppressed persons to resist some aspects of their oppression, and that judgment helps to develop agential capacities, in particular, the capacity for a person to be self-constituting, to see herself as giving reasons for her own actions. I use Indian contract pregnancy as a case study to think through connections between resistance and judgment.
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DOI 10.1111/hypa.12179
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Between Past and Future.Hannah Arendt - 1961 - New York: Viking Press.
Lectures on Kant’s Political Philosophy.Hannah Arendt - 1982 - University of Chicago Press.
Between Past and Future.Judith N. Shklar & Hannah Arendt - 1963 - History and Theory 2 (3):286.

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