In this paper, I argue that it is morally permissible and should be legally permissible for state and private professional schools to discriminate against women. By professional schools, I mean law, medical, and business schools. More specifically, I argue that such schools may discount womens applications to the degree that they are likely to produce less than male counterparts. The argument differs with regard to state and private institutions because of the greater moral elbowroom that private institutions have. (...) The argument for state professional schools depends on the purpose of state professional programs. If the purpose of these programs is to provide professional services to citizens, and I argue that it is, then the state professional schools are permitted to do such discounting. My argument also supports the stronger claim that state schools have an obligation to do so, but I will focus on the weaker claim. Given their wider choice of goals, private schools are also permitted to discount womens applications, but they are not obligated to do so. In this paper, then, I provide an argument for the moral permissibility of such discounting. (shrink)

Have invisible barriers for women been broken in 2007, or do we still have to break through medicine's glass ceiling? Data from two of the most prestigious university hospitals in Barcelona with 700-800 beds, Hospital Clínic (HC) and Hospital de la Santa Creu i Sant Pau (HSCSP) address this issue. In the HSCSP, 87% of the department chairs are men and 85% of the department unit chiefs are also men. With respect to women, only 5 (13%) are in (...) the top position (department chair) and 4 (15%) are department unit chiefs. Similar statistics are also found at the HC: 87% of the department chairs and 89% of the department unit chiefs are men. Currently, only 6 women (13%) are in the top position and 6 (11%) are department unit chiefs. Analysis of the 2002 data of internal promotions in HC showed that for the first level (senior specialist) sex distribution was similar. Nevertheless, for the second level (consultant) only 25% were women, and for the top level (senior consultant) only 8% were women. These proportions have not changed in 2007 in spite of a 10% increase in leadership positions during this period. Similar proportions were found in HSCSP where 68% of the top promotions were held by men. The data obtained from these two different medical institutions in Barcelona are probably representative of other hospitals in Spain. It would be ethically desirable to have males and females in leadership positions in the medical profession. (shrink)

We examine whether sex discrimination contributes to the underrepresentation of female executives in large corporations. China’s strong cultural preference for sons has made newborn boys greatly outnumber newborn girls. Using the male-to-female sex ratio at birth as the proxy for discrimination against women, we find that firms headquartered in more discriminatory areas hire fewer female executives. Even conditional on a woman reaching an executive position, she faces a higher likelihood of dismissal and receives lower compensation than (...) her male counterparts. Overall, our findings suggest that sex discrimination plays an important role in preventing women from climbing the corporate ladder. (shrink)

This book is about how the systematic application of some basic principles of applied ethics yields some surprising and very unpopular results. In particular, Kershnar investigate three areas: sex, discrimination, and violence. The book argues that the following are some permissible in theory and practice. (1) Adult-child sex (2) Watching rape-pornography (3) State universities discriminating against women (4) The U.S. denying welfare to immigrants (5) Interrogational torture (6) Assassination In addition, the book argues that different races likely (...) have different per capita moral value and that equal opportunity is not valuable. These controversial conclusions will no doubt spur animated and thoughtful discussion amongst readers. (shrink)

A woman's right to know the contents of her own body, and to make a choice about whether to continue her pregnancy or not, should be defended against laws trying to stop prenatal sex selection, either in the developing world or in the developed world. Restrictions on women's reproductive freedom harm the interests of women and girls, and ignore myriad social policy solutions, such as education and income incentives to have girls and universal old age pensions, that (...) provide better answers to the strains of unbalanced sex ratios. The opponents of sex selection trumpet all accounts of increased discrimination against women resulting from unequal sex ratios while ignoring growing evidence of positive cultural change and women's empowerment fromwomen's enhanced marriage prospects. Opponents of sex selection reify a conservative heteronormative model of sexuality, gender roles and family structure, while arguing that unmarried men are social time bombs who can only be controlled by a wife. Eventually the social policy dilemma around sex selection will presumably be made moot since would-be parents will be able to use pre-conceptive technology to determine a conceptus's gender without abortion or in-vitro fertilization. But until the sex selection argument unravels before technological innovation, women's rights to control their bodies must be defended against laws banning - or requiring - prenatal ultrasound and abortion. (shrink)

Does feminism give a much-needed voice to women in a patriarchal world? Or is the world not really patriarchal? Has feminism begun to level the playing field in a world in which women are more often paid less at work and abused at home? Or are women paid equally for the same work and not abused more at home? Does feminism support equality in education and in the military, or does it discriminate against men by ignoring (...) such issues as male-only draft registration and boys lagging behind in school? The only book of its kind, this volume offers a sharp, lively, and provocative debate on the impact of feminism on men. Warren Farrell--an international best-selling author and leader in both the early women's and current men's movements--praises feminism for opening options for women but criticizes it for demonizing men, distorting data, and undervaluing the family. In response, James P. Sterba--an acclaimed philosopher and ardent advocate of feminism--maintains that the feminist movement gives a long-neglected voice to women in a male-dominated world and that men are not an oppressed gender in today's America. Their wide-ranging debate covers personal issues, from love, sex, dating, and rape to domestic violence, divorce, and child custody. Farrell and Sterba also look through their contrasting lenses at systemic issues, from the school system to the criminal justice system; from the media to the military; and from health care to the workplace. A perfect book to get students thinking and debating, Does Feminism Discriminate Against Men? A Debate is ideal for courses in gender studies, sociology, psychology, economics, feminist philosophy, and contemporary moral issues. It is also compelling reading for anyone interested in the future of men and women. (shrink)

On 24 July 2022, the landmark decision Roe v. Wade (1973), that secured a right to abortion for decades, was overruled by the US Supreme Court. The Court decision in Dobbs v. Jackson Women’s Health Organisation severely restricts access to legal abortion care in the USA, since it will give the states the power to ban abortion. It has been claimed that overruling Roe will have disproportionate impacts on women of color and that restricting access to abortion contributes (...) to or amounts to structural racism. In this paper, we consider whether restricting abortion access as a consequence of overruling Roe could be understood as discrimination against women of color (and women in general). We argue that banning abortion is indirectly discriminatory against women of color and directly (but neither indirectly, nor structurally) discriminatory against women in general. (shrink)

Polygamy, forced marriage, female genital mutilation, punishing women for being raped, differential access for men and women to health care and education, unequal rights of ownership, assembly, and political participation, unequal vulnerability to violence. These practices and conditions are standard in some parts of the world. Do demands for multiculturalism — and certain minority group rights in particular — make them more likely to continue and to spread to liberal democracies? Are there fundamental conflicts between our commitment to (...) gender equity and our increasing desire to respect the customs of minority cultures or religions? In this book, the eminent feminist Susan Moller Okin and fifteen of the world’s leading thinkers about feminism and multiculturalism explore these unsettling questions in a provocative, passionate, and illuminating debate. Okin opens by arguing that some group rights can, in fact, endanger women. She points, for example, to the French government’s giving thousands of male immigrants special permission to bring multiple wives into the country, despite French laws against polygamy and the wives’ own bitter opposition to the practice. Okin argues that if we agree that women should not be disadvantaged because of their sex, we should not accept group rights that permit oppressive practices on the grounds that they are fundamental to minority cultures whose existence may otherwise be threatened. In reply, some respondents reject Okin’s position outright, contending that her views are rooted in a moral universalism that is blind to cultural difference. Others quarrel with Okin’s focus on gender, or argue that we should be careful about which group rights we permit, but not reject the category of group rights altogether. Okin concludes with a rebuttal, clarifying, adjusting, and extending her original position. These incisive and accessible essays — expanded from their original publication in Boston Review and including four new contributions — are indispensable reading for anyone interested in one of the most contentious social and political issues today. The diverse contributors, in addition to Okin, are Azizah al-Hibri, Abdullahi An-Na’im, Homi Bhabha, Sander Gilman, Janet Halley, Bonnie Honig, Will Kymlicka, Martha Nussbaum, Bhikhu Parekh, Katha Pollitt, Robert Post, Joseph Raz, Saskia Sassen, Cass Sunstein, and Yael Tamir. (shrink)

This article examines the phenomenon of women barristers' denials of the existence of discrimination against women at the Bar, against a backdrop of widespread evidence of sex discrimination and gender bias in this branch of the legal profession. Using interview transcripts from a research study of the status of women at one of the independent Bars in Australia, the article analyses the various stories told by senior women barristers to the interviewers about (...) their gender and experiences at the Bar. It argues that structural and psychological explanations of denials of discrimination are inadequate to account for the range and public nature of the stories told by these women. Rather, the evidence suggests that the women's interview responses were part of the active constitution of themselves as (non/gendered) subjects of the Bar. (shrink)

In this article I put forward three lines of argument. Firstly, the current debate on trafficking in human beings focuses narrowly on exploitation in the sex industry. This has produced a stand-off between moralists and liberals which is detrimental to developing strategies to combat trafficking. Moreover, this narrow focus leads to missing out the large numbers of women who are trafficked into other industries. It also masks some of the root causes of trafficking. In this article I therefore compare (...) the practice of trafficking for prostitution with forced labour in other industries in order to show that the sole focus on trafficking for prostitution is detrimental to the efforts to combat trafficking. This analysis is based on recent research and reports on its methodology as well as its outcomes. Secondly, I relate these findings in the article to the agenda for the women's rights debate. The women's rights literature has looked separately at the sex industry and labour migration. In the light of our research outcomes, it makes sense to have a much more intimate exchange between these areas, in order to discern the central role of root causes like globalization, patriarchy and other forms of discrimination. Thirdly, whereas a dichotomy between universalism and particularism has produced its own trenches in this field, I propose a balanced approach which addresses all forms of violence against women, including the central area of exploitation of migrant women in any sector or domestic context. (shrink)

In this article I put forward three lines of argument. Firstly, the current debate on trafficking in human beings focuses narrowly on exploitation in the sex industry. This has produced a stand-off between moralists and liberals which is detrimental to developing strategies to combat trafficking. Moreover, this narrow focus leads to missing out the large numbers of women who are trafficked into other industries. It also masks some of the root causes of trafficking. In this article I therefore compare (...) the practice of trafficking for prostitution with forced labour in other industries in order to show that the sole focus on trafficking for prostitution is detrimental to the efforts to combat trafficking. This analysis is based on recent research and reports on its methodology as well as its outcomes. Secondly, I relate these findings in the article to the agenda for the women's rights debate. The women's rights literature has looked separately at the sex industry and labour migration. In the light of our research outcomes, it makes sense to have a much more intimate exchange between these areas, in order to discern the central role of root causes like globalization, patriarchy and other forms of discrimination. Thirdly, whereas a dichotomy between universalism and particularism has produced its own trenches in this field, I propose a balanced approach which addresses all forms of violence against women, including the central area of exploitation of migrant women in any sector or domestic context. (shrink)

ABSTRACT In this paper we argue that sex‐selective abortion (SSA) cannot be morally justified and that it should be prohibited. We present two main arguments against SSA. First, we present reasons why the decision for a woman to seek SSA in cultures with strong son‐preference cannot be regarded as autonomous on either a narrow or a broad account of autonomy. Second, we identify serious harms associated with SSA including perpetuation of discrimination against women, disruption to social (...) and familial networks, and increased violence against women. For these reasons, SSA should be prohibited by law, and such laws should be enforced. Finally, we describe additional strategies for decreasing son‐preference. Some of these strategies rely upon highlighting the disadvantages of women becoming scarce, such as lack of brides and daughters‐in‐law to care for elderly parents. We should, however, be cautious not to perpetuate the view that the purpose of women is to be the consorts for, and carers of, men, and the providers of children. Arguments against SSA should be located within a concerted effort to ensure greater, deeper social and cultural equality between the sexes. (shrink)

Due to its wide-ranging reservations and lack of effective enforcement mechanisms the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has failed to dismantle widespread and systemic discrimination. The present paper proposes a broad, theoretical, preventive and relational approach to creating and enhancing the effectiveness of novel interventions to accelerate gender equality. We describe the main elements of affective empathy (i.e. intersubjectivity, multisensory engagement and empathic embodiment) and identify potential interventions that build (...) on those elements to advance gender equality. We ultimately argue that increased empathy towards women, transwomen and girls is required to disrupt the beliefs and behaviours that lead to discrimination, and that these changes must be enacted alongside legislative reforms and community education that construct equality environments. Our affective empathy framework could have the capacity to operationalise the normative fight against gender stereotypes and inequality in line with article 5(a) of CEDAW. (shrink)

Recently, a number of Kantians have argued that despite Kant’s own disparaging comments about same-sex intercourse and marriage, his ethical and legal philosophy lacks the resources to show that they are impermissible. I go further by arguing that his framework is in fact more open to same-sex than to different-sex marriage. Central is Kant’s claim that marriage requires equality between spouses. Kant himself thought that men and women are not equal, and some of his more insightful remarks on the (...) issue reveal that he was also aware that, as a matter of fact, women were disenfranchised by society, and suffer legal and other forms of discrimination. Kant, according to his own account, cannot approve of heterosexual marriage. Same-sex couples, by contrast, can satisfy the crucial equality condition. I conclude with a suggestion for refocus with respect to the issues at hand, calling for attention to more complex and insidious forms of inequality than deprivation of rights and full civil participation. (shrink)

The paper titled “Cognitive Enhancement and Social Mobility: Skepticism from India,” written by Jayashree Dasgupta and colleagues (2023) is a very valuable addition to the Western discourse on huma...

The cultural imagery of women is deeply ingrained in our consciousness. So deeply, in fact, that feminists see this as a fundamental threat to female autonomy because it enshrines procreative heterosexuality as well as the relations of domination and subordination between men and women. Diana Meyers' book is about this cultural imagery - and how, once it is internalized, it shapes perception, reflection, judgement, and desire. These intergral images have a deep impact not only on the individual psyche, (...) but also on the social, political, and cultural syntax of society as a whole. Meyer's argues for the necessity of crafting a dissident, empowering, and 'emancipatory counter-imagery' for women. Rigorous, well written, and accessible, the reach of Gender in the mirror is arguably catholic, and addresses the interests or readers across an impressive range of intellectual disciplines. (shrink)

RÉSUMÉ: Cet article examine les conséquences pour l’inégalité sexuelle au Canada des coupures gouvernementales dans les soins de santé et les services sociaux, et les évalue à l’aune de la jurisprudence relative à la Charte. L’auteure soutient que ce recul a en fait désavantagé les femmes d’une manière disproportionnée, et qu’on pourrait y voir, du point de vue de la Charte, une discrimination à leur endroit. Or les gouvernements n’ont offert aucune justification de ces effets discriminatoires qui satisferait aux (...) critères de la Charte en en montrant le caractère raisonnable dans une société libre et démocratique. Présenter l’action gouvernementale comme un exercice neutre de transfert de responsabilités vers les familles et les communautés ne saurait constituer une telle justification. (shrink)

RésuméCet article examine les conséquences pour l'inégalité sexuelle au Canada des coupures gouvernementales dans les soins de santé et les services sociaux, et les évalue à I'aune de la jurisprudence relative à la Charte. L'auteure soutient que ce recul a en fait désavantagé les femmes d'une manière disproportionnée, et qu'on pourrait y voir, du point de vue de la Charte, une discrimination à leur endroit. Or les gouvernements n'ont offert aucune justification de ces effets discriminatoires qui satisferait aux critères (...) de la Charte en en montrant le caractère raisonnable dans une société libre et démocratique. Présenter l'action gouvernementale comme un exercice neutre de transfert de responsabilités vers les families et les communautés ne saurait constituer une telle justification. (shrink)

Unjustifiable assumptions about sex and gender roles, the untamable potency of maleness, and gynophobic notions about women's bodies inform and influence a broad range of policy-making institutions in this society. In December 2004, the U.S. Court of Appeals for the Sixth Circuit continued this ignoble cultural pastime when they decided Everson v. Michigan Department of Corrections. In this decision, the Everson Court accepted the Michigan Department of Correction's claim that “the very manhood” of male prison guards both threatens the (...) safety of female inmates and violates the women's “special sense of privacy in their genitals” and declared that sex-specific employment policies for prison guards is not impermissibly discriminatory. I believe that the Court's decision relies on unacceptable stereotypes about sex, gender and sexuality and it significantly undermines Title VII's power to end discriminatory employment practices. (shrink)

This book presents and deconstructs the existing explanations for the differential career development of qualified men and women. It reframes the problem of discrimination in the workplace as a matter of organizational ethics, social responsibility and compliance with existing equal opportunity laws. Sensitive points are identified where social biases, decision-makers' individual economic interests and shortcomings of organizational incentive policies may lead to discrimination against qualified women. The ideas put forward are empirically tested in an original (...) laboratory experiment that examines personnel selection in the male-dominated field of science and technology. It contrasts the selection of applicants with gendered and gender-blind applications available to subjects under controlled conditions. 30% of participants were high-level decision-makers, which is unprecedented in this field of research. The results, highly relevant for organizational practice, are explained and discussed in detail. (shrink)

To the authors’ knowledge, not much has been said or done in African philosophical circles with regard to providing a theoretical framework from which the discrimination against African women with disabilities can be addressed. In this article, the authors show how such a framework can be grounded in Innocent Asouzu’s complementarism. Their contention, one grounded in this framework, is that this discrimination has its roots in an isolationist, elitist, and exclusivist mindset/metaphysics. The authors further argue that (...) one way to overcome this problematic mindset is to replace it with one that views each individual human being as a missing link of reality, that is, a complementary philosophy. The hope is that with this replacement the gaze that subconsciously views women living with disability as a group that is distinguishable from other human beings will be summarily abandoned. (shrink)

For years, mainstream feminist ethics focused criticism on male supremacy. Feminist philosophers in this volume adopt a less male-focused stance to look closely at oppression's impact on women's agency and on women's relations with women. Examining legal, social, and physical relationships, these philosophers confront moral ambiguity, moral compromise, and complicity in perpetuating oppression. Combining personal experience with philosophical inquiry, they vividly portray their daily engagement with oppression as both victims and perpetrators. They explore such issues as how (...) pornography silences women and radical feminist politics' complicity in racism. Among these insightful essays, Sandra Bartky argues that women share guilt for racism when they benefit from it without protest; Susan Brison reflects on uses of narrative in trauma recovery from such experiences as being targeted for rape or murder; Joan Callahan examines fallout of derogatory speech directed at lesbians; Virginia Held proposes carrying care into marketplaces and governments; and, in her introduction, Claudia Card draws on Primo Levi's conception of "gray zones" in exploring dangers of character damage to victims of misogyny. A fitting companion to Card's highly regarded Feminist Ethics, this volume interweaves observations on character, political ethics, violence, and love into an accessible sourcebook for students. It tackles some of feminism's most pressing issues and helps readers to identify and then overcome the real damage caused by oppression. (shrink)

The central question of the paper is: do women have the right to exclude transwomen from women-only spaces? First I argue that biological sex matters politically, and should be protected legally—at least until such a time as there is no longer sex discrimination. Then I turn to the rationales for women-only spaces, arguing that there are eight independent rationales that together overdetermine the moral justification for maintaining particular spaces as women-only. I address a package of (...) spaces, including prisons, changing rooms, fitting rooms, bathrooms, shelters, rape and domestic violence refuges, gyms, spas, sports, schools, accommodations, shortlists, prizes, quotas, political groups, clubs, events, festivals, and terms. The arguments of these two sections taken together make a strong case against self-identification as the basis for legal sex (because legal sex will generally determine inclusion). In the last part of the paper, I address the objection that my conclusion was obtained through linguistic sleight of hand, which I answer by saying that choices about how to refer to transwomen don’t change the underlying fact that the basis for exclusion is generally sex, not gender identity. (shrink)

As COVID-19 keeps impacting the world, its impact is felt differently by people of different sexes and genders. International guidelines and research on gender inequalities and women’s rights during the pandemic have been published. However, data from Taiwan is lacking. This study aims to fill the gap to increase our knowledge regarding this issue and provide policy recommendations. This study is part of a more extensive project in response to the fourth state report concerning the implementation of the Convention (...) on the Elimination of All Forms of Discrimination against Women in Taiwan in 2022. We have drawn on the guidelines and documents published by the United Nations human rights bodies, conducted interviews with advocacy and professional practitioners, and hosted a study group comprising students and teachers from the National Taiwan University College of Public Health to supplement the interview data. The data were analyzed thematically. The results include five themes: (1) particular health risks to carers (primarily women); (2) COVID-related measures’ impact on women’s health and health behaviors; (3) highly gendered psychological maladjustment; (4) increase in gender-based violence and domestic violence; and (5) mental health inequities and intersectionality. The study has global implications for societies of similar sociopolitical contexts and developmental statuses. To truly live up to the standard of CEDAW and other international human rights principles, we ask that central and local government be more aware of these lived experiences and adjust their policies accordingly, accounting for gender sensitivity. (shrink)

When widespread use of sex‐selective abortion and sex selection through assisted reproduction lead to severe harms to third parties and perpetuate discrimination, should these practices be banned? In this paper I focus on India and show why a common argument for a ban on sex selection fails even in these circumstances. I set aside a common objection to the argument, namely that women have a right to procreative autonomy that trumps the state's interest in protecting other parties from (...) harm, and argue against the ban on consequentialist grounds. I perform a pairwise comparative analysis of sex selection and its plausible alternatives and argue that that the ban fails to improve the state of affairs relative to a scenario without a ban. The ban makes the situation worse, especially for mothers and their daughters. India should therefore repeal its ban on sex selection. (shrink)

This paper examines the problem of selecting a number of candidates to receive a good (admission) from a pool in which there are more qualified applicants than places. I observe that it is rarely possible to order all candidates according to some relevant criterion, such as academic merit, since these standards are inevitably somewhat vague. This means that we are often faced with the task of making selections between near-enough equal candidates. I survey one particular line of response, which says (...) that we should allow our choice of borderline candidates to be guided by non-relevant criteria such as gender-balancing. I argue that this would not, as commonly objected, be a case of sex discrimination if it is to be applied either in favour of men or women. Nonetheless, I argue that such policies are problematic because they violate the demand for publicity, which is required for legitimacy and to assure everyone that discrimination has not in fact taken place. Instead, I suggest that, if we are concerned to avoid discrimination, there may be a case for using lotteries as tie-breakers, not on grounds of fairness but to prevent taint of bias. (shrink)

abstract This paper examines the problem of selecting a number of candidates to receive a good (admission) from a pool in which there are more qualified applicants than places. I observe that it is rarely possible to order all candidates according to some relevant criterion, such as academic merit, since these standards are inevitably somewhat vague. This means that we are often faced with the task of making selections between near‐enough equal candidates. I survey one particular line of response, which (...) says that we should allow our choice of borderline candidates to be guided by non‐relevant criteria such as gender‐balancing. I argue that this would not, as commonly objected, be a case of sex discrimination if it is to be applied either in favour of men or women. Nonetheless, I argue that such policies are problematic because they violate the demand for publicity, which is required for legitimacy and to assure everyone that discrimination has not in fact taken place. Instead, I suggest that, if we are concerned to avoid discrimination, there may be a case for using lotteries as tie‐breakers, not on grounds of fairness but to prevent taint of bias. (shrink)

After China, India has the most skewed sex ratio at birth. These two Asian countries account for about 90 to 95% of the estimated 1.2 to 1.5 million missing female births annually, worldwide, due to gender-biased sex selection. To understand this extreme discrimination against girls, this article examines the gendered biopolitics embedded in population policies, new sex selection technologies, and in the social reproduction of patriarchal society. The ethical consequences of advanced reproductive technologies, which remove the moral turpitude (...) around gender-based sex selection by reformulating it into a “modern”, “scientific” endeavour, facilitating the rise of “missing girls”, make this an issue of gender justice, as noted by the World Population Report 2020. This article argues that unpacking gendered biopolitics within the household is crucial to understanding the reproduction of son preference and daughter aversion since it is here that reproduction and parenthood are subjected to biopolitical governance. We discuss how “biosocial” strategies of the household aimed at producing the “desired” and “right” family of more sons at the cost of daughters are operationalized through women’s bodies with a view to family mobility. While women and girls continue to bear the burden and costs of social reproduction that lie at the heart of the patriarchal capitalist system of accumulation, a perusal of more recent studies suggests the beginning of an equalizing trend of parental investments, especially in the health and education of daughters who are “allowed” to be born. We suggest that familial enhancement of girls’ human capital can help as a means of developing girls’ capabilities and agency, enhancing their power in the biopolitics of the family and increasing their “bio-value” in parents’ eyes. (shrink)

Job evaluation systems are becoming increasingly important in Europe to counter sex‐discrimination, but evaluation criteria can themselves be discriminatory. Dr Jeanne de Bruijn is Professor in Women and Policy at the Free University of Amsterdam.

In The Bodies of Women , Rosalyn Diprose argues that traditional approaches to ethics both perpetuate and remain blind to the mechanisms of the subordination of women. She shows that injustice against women begins in the ways that social discourses and practices place women's embodied existence as improper and secondary to men. She intervenes into debates about sexual difference, ethics, philosophies of the body and theories of self in order to develop a new ethics which (...) places sexual difference at the very center of meaning. Diprose analyzes attempts in both feminist and non-feminist ethics to recognize the role of sexual difference. She critiques biomedical discourses whose descriptions mask a constitution and regulation of "the body." Drawing on insights from continental philosophy and feminist theory, The Bodies of Women includes critical readings of Hegel, Nietzsche, Merleau-Ponty, Derrida and Foucault as well as productive engagementwith contemporary feminist scholars such as Irigaray, Cornell and Young. What emerges is a unique approach to the ethics of sexual difference which both locates and subverts mechanisms of sexual discrimination. (shrink)

This article defends the thesis that, in light of the postulates of liberal ethics, it is not possible to put forward universal arguments in support of any form of marriage. The existing forms of marriage should be either deemed unjust or founded on specific arguments recognized within a particular political community and determining the understanding of justice in a particular society. It defends the thesis that the requirement of universality, and consequently of impartiality, is not met, since behind every form (...) of marriage there is a certain “minimum” anthropological approach. Marriage is discussed as a privilege granted to particular groups by the political community. The comments are made with reference to the discussion between Krzysztof Saja and Tomasz Sieczkowski concerning the problem of discrimination against same-sex couples in Polish legislation. (shrink)

This paper explores the psychological phenomena of sex stereotypes and their consequences for the occurrence of sex discrimination in work settings. Differential conceptions of the attributes of women and men are shown to extend to women and men managers, and the lack of fit model is used to explain how stereotypes about women can detrimentally affect their career progress. Commonly-occurring organizational conditions which facilitate the use of stereotypes in personnel decision making are identified and, lastly, data (...) are provided demonstrating the way in which affirmative action programs and practices can act to promote the stereotyping of women suggesting, that rather than being a remedy for sex discrimination, such programs might in fact be another contributor to the problem. Conclusions focus on the importance of attending to the role sex stereotypes play in hindering women's career progress when procedures to combat sex discrimination in organizations are designed and implemented. (shrink)

Heloise Robinson argues that pregnant women have a higher moral status than non-pregnant persons and that, for this reason, pregnant women ought to be treated ‘noticeably’ better than non-pregnant persons. 1 In this commentary, we present two challenges to Robinson’s argument. First, the compounding disadvantage objection: treating involuntarily, non-pregnant women worse than voluntarily pregnant women unjustly compounds their disadvantage. Second, the identity objection: treating non-pregnant people worse than pregnant people amounts to pro tanto wrongful discrimination (...) based on a fundamental aspect of people’s identity. We conclude that either pregnant persons do not have a higher moral status than non-pregnant persons, or they do, but higher moral status so grounded does not justify better treatment. According to the standard view of moral status: (1) most human beings are persons; (2) persons have a higher moral status than non-persons; and (3) persons have an equal moral status. Many believe: (1)... (shrink)

_Does sexism against men exist? What it looks like and why we need to take it seriously_ This book draws attention to the "second sexism," where it exists, how it works and what it looks like, and responds to those who would deny that it exists. Challenging conventional ways of thinking, it examines controversial issues such as sex-based affirmative action, gender roles, and charges of anti-feminism. The book offers an academically rigorous argument in an accessible style, including the careful (...) use of empirical data, and includes examples and engages in a discussion of how sex discrimination against men and boys also undermines the cause for female equality. (shrink)

An Acquaintance of mine decided, in the late 1950s, to become an officer in the U.S. Navy, until he discovered a Navy regulation stating that ugly men would not be accepted as officer candidates. Surely there is something suspicious about such a policy. Yet, in a time when people are so conscious of the many forms of discrimination — race, colour, sex, age, religion — it is somewhat surprising that little serious attention is given to the practice of what (...) I shall call ‘aesthetic discrimination against persons’, discrimination on the basis of appearance or looks. It is true that, in recent years, some social scientists have conducted research leading them to the conclusion that human beings prefer and esteem good looking people over plain or ugly ones. A few of these researchers have even been willing to venture moral opinions on the subject. (shrink)

On 9 May 2005, the Israeli Ministry of Health issued guidelines spelling out the conditions under which sex selection by preimplantation genetic diagnosis for social purposes is to be permitted in Israel. This article first reviews the available medical methods for sex selection, the preference for children of a specific gender in various societies and the ethical controversies surrounding PGD for medical and social purposes in different countries. It focuses then on the question of whether procreative liberty or parental responsibility (...) should be the centre of attention in this context. Finally, the article critically examines the new Israeli guidelines and their implications for the women undergoing the necessary medical treatments, for the children born as a result, for other members of the family and for society in general. (shrink)

What sort of ethics do we need? Rosalyn Diprose argues that the usual approaches to ethics both perpetuate and remain blind to the mechanisms of the subordination of women. In _Bodies of Women: Ethics, Embodiment and Sexual Differences_, she claims that injustice against women is found in the social discourses and practices which both evaluate and constitute their modes of embodiment as improper in relation to men. Diprose critically analyses the attempts in both feminist and non-feminist (...) ethics to recognise the role of sexual difference and the biomedical discourses whose descriptions mask a constitution and regulation of the 'body'. Her critiques draw on insights from Anglophone feminist theory and continental philosophy, and are supported by critical readings of Irigaray, Cornell and Fraser, Hegel, Nietzsche, Merleau-Ponty, Derrida and Foucault. What emerges is a new ethics of sexual difference which not only better locates the mechanisms of discrimination but also provides the means to subvert them. (shrink)

Providing balanced coverage of abortion, sexual harassment, censorship and pornography, and other timely and controversial subjects, this pathbreaking anthology is the first to offer a comprehensive introduction to feminist legal philosophy. An important resource for courses in women's studies, philosophy, law, sociology, and political science, it provides many stimulating insights into essential topics in jurisprudence, such as the nature and justification of law, judicial reasoning and the process of adjudication, the connection between law and equality, and freedom and justice.

Drawing on recent feminist discussions, this collection critically reassesses ideas about agency, exploring the relationship between agency and coercion in greater depth and across a range of disciplinary perspectives and ethical contexts.

What sort of ethics do we need? Rosalyn Diprose argues that the usual approaches to ethics both perpetuate and remain blind to the mechanisms of the subordination of women. In _Bodies of Women: Ethics, Embodiment and Sexual Differences_, she claims that injustice against women is found in the social discourses and practices which both evaluate and constitute their modes of embodiment as improper in relation to men. Diprose critically analyses the attempts in both feminist and non-feminist (...) ethics to recognise the role of sexual difference and the biomedical discourses whose descriptions mask a constitution and regulation of the 'body'. Her critiques draw on insights from Anglophone feminist theory and continental philosophy, and are supported by critical readings of Irigaray, Cornell and Fraser, Hegel, Nietzsche, Merleau-Ponty, Derrida and Foucault. What emerges is a new ethics of sexual difference which not only better locates the mechanisms of discrimination but also provides the means to subvert them. (shrink)

The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection: women, racial minorities, and gays and lesbians. The United States Supreme Court calls these groups 'suspect classes'. Laws that discriminate against them are generally unconstitutional. While this is a familiar account of equal protection jurisprudence, this book argues that this approach suffers from hitherto unnoticed normative and political problems. The book elucidates a competing, extant interpretation of equal protection jurisprudence that avoids (...) these problems. The interpretation is not concerned with suspect classes but rather with the kinds of reasons that are already inadmissible as a matter of constitutional law. This alternative approach treats the equal protection clause like any other limit on governmental power, thus allowing the Court to invalidate equality-infringing laws and policies by focusing on their justification rather than the identity group they discriminate against. (shrink)

Feminist critics of the stigmatization of prostitution such as Martha Nussbaum and Sybil Schwarzenbach argue that the features of the practice do not, or at least need not, differ essentially from those of other more respected sorts of labor. I argue that even the least degraded forms of the current practice of prostitution remain objectionable on feminist grounds because patrons demand a semblance of sexual self-expression that engages discriminatory beliefs about women's sexuality.