This is the first of two volumes announcing the emergence of the new legal realism as a field of study. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 1 lays the groundwork for this novel and comprehensive approach with an innovative mix of theoretical, historical, pedagogical, and empirical perspectives. Their empirical work covers such (...) wide-ranging topics as the financial crisis, intellectual property battles, the legal disenfranchisement of African-American landowners, and gender and racial prejudice on law school faculties. The methodological blueprint offered here will be essential for anyone interested in the future of law-and-society. (shrink)

Reasoning well about risk is most challenging when a woman is pregnant, for patient and doctor alike. During pregnancy, we tend to note the risks of medical interventions without adequately noting those of failing to intervene, yet when it's time to give birth, interventions are seldom questioned, even when they don't work. Meanwhile, outside the clinic, advice given to pregnant women on how to stay healthy in everyday life can seem capricious and overly cautious. This kind of reasoning reflects fear, (...) not evidence. (shrink)

To understand why autistic people are misperceived in the way Jaswal & Akhtar suggest, we should embrace concepts like the “double empathy problem” and camouflaging and recognize the negative consequences these have for mental health in autism. Moreover, we need to value expertise from experience so that autistic people have a voice and indeed a stake in research into autism.

Over the last several years, as cesarean deliveries have grown increasingly common, there has been a great deal of public and professional interest in the phenomenon of women 'choosing' to deliver by cesarean section in the absence of any specific medical indication. The issue has sparked intense conversation, as it raises questions about the nature of autonomy in birth. Whereas mainstream bioethical discourse is used to associating autonomy with having a large array of choices, this conception of autonomy does not (...) seem adequate to capture concerns and intuitions that have a strong grip outside this discourse. An empirical and conceptual exploration of how delivery decisions ought to be negotiated must be guided by a rich understanding of women's agency and its placement within a complicated set of cultural meanings and pressures surrounding birth. It is too early to be 'for' or 'against' women's access to cesarean delivery in the absence of traditional medical indications – and indeed, a simple pro- or con- position is never going to do justice to the subtlety of the issue. The right question is not whether women ought to be allowed to choose their delivery approach but, rather, taking the value of women's autonomy in decision-making around birth as a given, what sorts of guidelines, practices, and social conditions will best promote and protect women's full inclusion in a safe and positive birth process. (shrink)

The study of anarchism as a philosophical, political, and social movement has burgeoned both in the academy and in the global activist community in recent years. Taking advantage of this boom in anarchist scholarship, Nathan J. Jun and Shane Wahl have compiled twenty-six cutting-edge essays on this timely topic in New Perspectives on Anarchism.

American undergraduates rated masculinity, femininity, and likability of two men from a videotaped interaction. Participants were informed that both men were cat persons, dog persons, heterosexual, adopted, or gay, or were unlabeled. Participants rated the men less masculine when cat persons than when dog persons or unlabeled, and less masculine and more feminine when gay than when anything else or unlabeled. The more masculine man received lower feminine ratings when a dog person than when a heterosexual, and higher masculine ratings (...) when a dog person than when unlabeled. Labels did not affect likability. Overall, the gay label consistently promoted cross-gender attributions, the dog person label encouraged somewhat heightened gender-appropriate attributions, and the cat person label allowed for normative attributions. (shrink)

In 1994 Elizabeth Stuart addressed the situation of the lesbian and gay community with regard to its relationship with Church, Community and with Feminism. Since writing the 1994 paper she has engaged in more reflection on the nature of desire in the light of the tragedy of human relating. If desire cannot have its telos, its fulfilment in human relating which is fragile and mortal and yet can enable us temporarily to create room in ourselves for others, then it (...) must point beyond itself and have its end beyond us in God. (shrink)

Focuses on the encounters of feminist and queer theories, on the ways in which basic terms such as - sex, gender, and sexuality change meaning as they move from one body of theory to another. This book includes essays by Judith Butler, Evelynn Hammonds, Biddy Martin, Kim Michasiw, Carole-Anne Tyler, and Elizabeth Weed.

If Australasian philosophers constitute the kind of group to which a collective identity or broadly shared self-image can plausibly be ascribed, the celebrated history of Australian materialism rightly lies close to its heart. Jack Smart’s chapter in this volume, along with an outstanding series of briefer essays in A Companion to Philosophy in Australia and New Zealand (Forrest 2010; Gold 2010; Koksvik 2010; Lycan 2010; Matthews 2010; Nagasawa 2010; Opie 2010; Stoljar 2010a), effectively describe the naturalistic realism of Australian philosophy (...) of mind. In occasional semi-serious psychogeographic speculation, this long-standing and strongly-felt intellectual attitude has been traced back to the influences of our light, land, or lifestyle (Devitt 1996, x; compare comments by Chalmers and O’Brien in Mitchell, 2006). Australasian work in philosophy of mind and cognition has become more diverse in the last 40 years, but is almost all still marked, in one way or another, by the history of these debates on materialism. (shrink)

I argue that same-sex divorce presents a different kind of potential constraint to the agency of persons pursuing the dissolution of their marriage; a constraint upon one’s counterstory and the reconstitution of one’s personal identity. The dialectic within the paper mirrors the movements that I have had to make as I have sought to constitute and reconstitute myself throughout my divorce process. Beginning from a juridical perspective, I examine how the constraints on same-sex divorce present constraints on one’s agency that (...) are antithetical to the spirit of a liberal democratic conception of freedom of movement. I then explore the role of narrative in my self-(re)constitution, as well as the limits of the narrative and counterstories, when the institutional framework of the State fails to acknowledge the change in my State-sanctioned personal relationship. I end by arguing that this view from the law ignores the ways in which we relationally constitute ourselves, and in so doing covers over the harms done to persons that find themselves in a married-yet-not state of limbo. (shrink)

In this chapter, the author explains Rorty's neopragmatist feminism and some feminist criticism of his work, limiting her to questions not yet settled in the literature. She argues that Rorty can defeat the criticisms that his reformism is too conservative and that his feminism flounders without representationalist truth. "Feminism and Pragmatism" discusses the apparent paradox that injustices, on a Rortyan view, are not injustices until they are so perceived. Thus, if our society begins to accept gay marriage, passes legislation supporting (...) gay marriage, and begins criticizing those who oppose gay marriage, we have made a significant change in our practices, norms, and language. Our society still, at least at this time, thinks of "gay marriage" as a somewhat different category than "marriage," despite the fact that we treat both as marriages. We still rely on legislatures and courts to determine the legality of our marriage practices. (shrink)

There's no doubt that reproductive technologies can transform lives for the better. Infertile couples and single, lesbian, gay, intersex, and transgender people have the potential to form families in ways that would have been inconceivable years ago. Yet we are concerned about the widespread commercialization of certain egg‐freezing programs, the messages they propagate about motherhood, the way they blur the line between care and experimentation, and the manipulative and exaggerated marketing that stretches the truth and inspires false hope in women (...) of various ages. We argue that although reproductive technology, and egg freezing in particular, promise to improve women's care by offering more choices to achieve pregnancy and childbearing, they actually have the potential to be disempowering. First, commercial motives in the fertility industry distort women's medical deliberations, thereby restricting their autonomy; second, having the option to freeze their eggs can change the meaning of women's reproductive choices in a way that is limiting rather than liberating. (shrink)

It is difficult to overstate music's persistent and uneasy relationship with homosexuality in Western society. Associated with femininity for centuries, particularly in North America, participation in music has been believed to emasculate and thus homosexualize men and boys. The linking of music to women and emotion (as opposed to men and reason) contributes to the conflation of misogyny and homophobia in North American society generally and music and music education particularly. One effect of music's conflicted relationship with and to homosexuality (...) for lesbians and gay men is to "disappear" them in both professions. As a function of disappeared positionalities, subject positions of homosexualities and potentialities of creating lives worth living are also disappeared. I explore ontological effects of disappeared in the world and music and music education, and reconceptualize "disappeared" in terms of Jacques Derrida's concept of "under erasure"—sous rature—in ways that may signal other ontological potentialities. (shrink)

One of the largely untapped potentials of Sausserian semiotics is the ability it provides to examine shifts in the cultural meanings attached to objects and ideasacross time. To explore this potentiality, we trace the intertextual evolution of one of the most enduring mythic figures, the vampire. Our analysis begins with ancient texts and moves forward in time to contemporary cinematic and televised depictions of the vampire. We document the deployment of the vampire as a vehicle carrying oppositional meanings as it (...) moves through various eras. For example, vampires may connote both racism and racial resistance, homophobia and gay acceptance, women’s subjugation and women’s empowerment. By using the vampire to mediate contested, liminal regions of cultural discourse, storytellers have constructed increasingly complex and multivocal portraits of this figure. At present, vampire narratives have come to resemble an alternative universe of human morality and behavior, complete with family structures, emotional depth, and interpersonal conflicts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Of Being-Two: IntroductionPheng Cheah (bio) and Elizabeth Grosz (bio)The decade or so spanning the later 1970s to the mid-1980s witnessed the growing importance of “sexual difference” in Anglo-American academic discourse in the humanities and the “soft” social sciences. Both as an interpretive principle in textual criticism and literary theory and as a critical framework for the analysis of social and political structures and cultural formations, sexual difference provided (...) a fertile conceptual ground from which the disinterested universalism claimed by patriarchal and phallocentric knowledges could be put into question. However, in the past decade, the primacy of sexual difference as a critical principle has itself been called into question for eliding other collective forms of difference such as race, class, and sexuality.In a sense, this fracturing or fissuring of the conceptual ground of feminist theory can be seen as a logical outcome of the concept of “difference” itself, which endlessly proliferates into a multiplicity of sometimes conflictual forms. Nevertheless, it is important to stress that the fissuring of “sexual difference” within academic discourse also reflects and expresses (albeit a little belatedly) broader sociological and political events: the rise in the 1970s of what the sociologist Immanuel Wallerstein has described as new antisystemic movements or “new social movements.”By the 1970s one began to speak in the plural of the “new social movements.” The shift from the grammatical singular to the plural provides a crucial clue to the nature of the process. For the “movement,” if it was ever organizationally singular, soon became multiple, if not necessarily fractionated. That is to say, there emerged a whole series of movements, each organized around a specific theme or focus—movements of “ethnic minorities” or “immigrants,” womens’ movements, ecology movements, antiwar movements, gay and lesbian movements, movements of the handicapped and of the aged (or pensioners).... The key theme of the new movements in the West was the forgotten people—the ethnic underclasses, the women, the gays, the aged, et cetera.[41–42]Due caution should, of course, be exercised concerning the many mediations between theory and practice. Nevertheless, this connection between the fissuring of sexual difference in academic theoretical critique and the pluralized nature of the new social movements that emerged in the 1970s necessarily raises the question of whether the contemporary political world has become too complex for sexual difference to serve as a primary critical-analytical and practical principle. Put another way, does sexual difference have continuing pertinence as an effective mechanism and/or ideal horizon for ethical and political transformation? What political future(s), if any, does sexual difference have?As editors of this special issue of diacritics, we have chosen to address these questions about the political future of sexual difference through a critical consideration of the work of one of the most intriguing and original of the present generation of European philosophers, Luce Irigaray. The theoretical question of sexual difference is [End Page 3] indissociable from Irigaray’s writing. The initial posing of the question of sexual difference in the Anglo-American academy coincided with, and was given added impetus by, the translation of Irigaray’s early works into English as part of the corpus of writings that became known as “French feminism.” 1 But what makes it especially apposite to center a special issue on the political future of sexual difference around Irigaray is her continuing insistence on the fundamental nature and, indeed, the infrastructural status of sexual difference to human existence as a whole. In An Ethics of Sexual Difference, originally published in 1984, Irigaray suggests that sexual difference is the fundamental ethical question of the contemporary era:Sexual difference is one of the major philosophical issues, if not the issue, of our age. According to Heidegger, each age has one issue to think through, and one only. Sexual difference is probably the issue in our time which could be our “salvation” if we thought it through. But, whether I turn to philosophy, to science, or to religion, I find this underlying issue still cries out in vain for our attention.[ESD 5]In subsequent, more politically oriented texts, Irigaray has not only reaffirmed this initial suggestion. She has made the... (shrink)

Dans son introduction à la collection Moving Words. Writing Dance consacrée à une analyse des évolutions de la recherche anglophone des années 1990 sur la danse, Gay Morris souligne l’héritage d’une historiographie « anecdotique, sans théorisation, et avec un appareil critique très rudimentaire ». Carol Brown confirme que l’histoire de la danse est fondée essentiellement sur l’écriture des « balletomanes » qui ont idéalisé le corps de la danseuse comme une entité anhistorique. Rattachée à un...

In an effort to address healthcare disparities in lesbian, gay, bisexual, transgender, and queer populations, many hospitals and clinics institute diversity training meant to increase providers’ awareness of and sensitivity to this patient population. Despite these efforts, many healthcare spaces remain inhospitable to LGBTQ patients and their loved ones. Even in the absence of overt forms of discrimination, LGBTQ patients report feeling anxious, unwelcome, ashamed, and distrustful in healthcare encounters. We argue that these negative experiences are produced by a variety (...) of subtle, ostensibly insignificant features of healthcare spaces and interpersonal interactions called microaggressions. Healthcare spaces and providers often convey heteronormative microaggressions, which communicate to LGBTQ—and, we suggest, intersex and asexual —people that their identities, experiences, and relationships are abnormal, pathological, unexpected, unwelcome, or shameful. We identify heteronormative microaggressions common to healthcare settings and specify how they negatively impact LGBTQIA patients. We argue that standard diversity training cannot sufficiently address heteronormative microaggressions. Despite these challenges, healthcare institutions and providers must take responsibility for heteronormative microaggressions and take steps to reduce their frequency and mitigate their effects on LGBTQIA care. We conclude by offering strategies for problem-solving at the level of medical education, institutional culture and policy, and individual awareness. (shrink)

Thinking of AIDS as an 'emerging disease' inevitably raises questions of comparison. In the United States, we see three main phases in understanding AIDS, with each having very different implications for health and social policy. In the first, AIDS was conceived of as an epidemic disease, a 'gay plague', by analogy to the sudden, devastating epidemics of the past. In the second, it was normalized as a chronic disease, similar in many ways to diseases such as cancer. In the third, (...) we outline a new understanding of AIDS as a slow-moving, long-lasting pandemic, a chronic infectious ailment manifested through myriad specific HIV-related diseases. This new paradigm emphasizes, like the plague model, the etiology, transmission, and prevention of disease; like the chronic disease model, it is concerned with the clinical management of protracted illness. We do criticize, however, both the infectious and chronic disease models for their individualistic conceptions of disease and their narrow strategies for disease prevention. We further suggest that the traditional distinction between, and approaches to, infectious and chronic diseases are problematic and need to be rethought for AIDS and other diseases. (shrink)

In this remarkable study, David A. J. Richards combines an interpretive history of culture and law, political philosophy, and constitutional analysis to explain the background, development, and growing impact of two of the most important and challenging human rights movements of our time, feminism and gay rights. Richards argues that both movements are extensions of rights-based dissent, rooted in antebellum abolitionist feminism that condemned both American racism and sexism. He sees the progressive role of such radical dissent as an emancipated (...) moral voice in the American constitutional tradition. He examines the role of dissident African Americans, Jews, women, and homosexuals in forging alternative visions of rights-based democracy. He also draws special attention to Walt Whitman's visionary poetry, showing how it made space for the silenced and subjugated voices of homosexuals in public and private culture. According to Richards, contemporary feminism rediscovers and elaborates this earlier tradition. And, similarly, the movement for gay rights builds upon an interpretation of abolitionist feminism developed by Whitman in his defense, both in poetry and prose, of love between men. Richards explores Whitman's impact on pro-gay advocates, including John Addington Symonds, Havelock Ellis, Edward Carpenter, Oscar Wilde, and André Gide. He also discusses other diverse writers and reformers such as Margaret Sanger, Franz Boas, Elizabeth Stanton, W. E. B. DuBois, and Adrienne Rich. Richards addresses current controversies such as the exclusion of homosexuals from the military and from the right to marriage and concludes with a powerful defense of the struggle for such constitutional rights in terms of the principles of rights-based feminism. (shrink)

This article critiques Elizabeth Grosz's understanding that queer theory is unproductive insofar as it disrupts the specific identities of gay and lesbian. Reconsidering ideas about desire, the body, and identity that Grosz takes from Gilles Deleuze's work on Friedrich Nietzsche and Baruch Spinoza, this essay argues that, despite her productive reworking of homophobia in terms of “active” and “reactive” forces, Grosz's application of Spinoza is only partial. Focusing on Spinoza's evaluation of bodies, the essay both critiques Grosz's approach to (...) experimental desire and observes Spinozist preoccupations in order to talk about the experimental body. It concludes that if Grosz were to attend more seriously to the Spinozist imperative to analyze a body in terms of its capabilities—that is, its power to be affected—the epistemological basis of her argument would change. It would be difficult to dismiss the plurality and sensibility of a queer body or its challenge to lesbian and gay as the source of a primary identity. (shrink)

: This article critiques Elizabeth Grosz's understanding that queer theory is unproductive insofar as it disrupts the specific identities of gay and lesbian. Reconsidering ideas about desire, the body, and identity that Grosz takes from Gilles Deleuze's work on Friedrich Nietzsche and Baruch Spinoza, this essay argues that, despite her productive reworking of homophobia in terms of "active" and "reactive" forces, Grosz's application of Spinoza is only partial. Focusing on Spinoza's evaluation of bodies, the essay both critiques Grosz's approach (...) to experimental desire and observes Spinozist preoccupations in order to talk about the experimental body. It concludes that if Grosz were to attend more seriously to the Spinozist imperative to analyze a body in terms of its capabilities—that is, its power to be affected—the epistemological basis of her argument would change. It would be difficult to dismiss the plurality and sensibility of a queer body or its challenge to lesbian and gay as the source of a primary identity. (shrink)

The Politics of Method in the Human Sciences provides a remarkable comparative assessment of the variations of positivism and alternative epistemologies in the contemporary human sciences. Often declared obsolete, positivism is alive and well in a number of the fields; in others, its influence is significantly diminished. The essays in this collection investigate its mutations in form and degree across the social science disciplines. Looking at methodological assumptions field by field, individual essays address anthropology, area studies, economics, history, the philosophy (...) of science, political science and political theory, and sociology. Essayists trace disciplinary developments through the long twentieth century, focusing on the decades since World War II. Contributors explore and contrast some of the major alternatives to positivist epistemologies, including Marxism, psychoanalysis, poststructuralism, narrative theory, and actor-network theory. Almost all the essays are written by well-known practitioners of the fields discussed. Some essayists approach positivism and anti-positivism via close readings of texts influential in their respective disciplines. Some engage in ethnographies of the present-day human sciences; others are more historical in method. All of them critique contemporary social scientific practice. Together, they trace a trajectory of thought and method running from the past through the present and pointing toward possible futures. Contributors. Andrew Abbott, Daniel Breslau, Michael Burawoy, Andrew Collier , Michael Dutton, Geoff Eley, Anthony Elliott, Stephen Engelmann, Sandra Harding, Emily Hauptmann, Webb Keane, Tony Lawson, Sophia Mihic, Philip Mirowski, Timothy Mitchell, William H. Sewell Jr., Margaret R. Somers, George Steinmetz, Elizabeth Wingrove. (shrink)

The philosophy of mind and cognition has been transformed by recent advances in what is loosely called cognitive science. This book is a thoroughly up-to-date introduction to and account of that transformation, in which the many strands in contemporary cognitive science are brought together into a coherent philosophical picture of the mind. The book begins with discussions of the pre-history of contemporary philosophy of mind - dualism, behaviourism, and early versions of the identity theory of mind - and moves through (...) discussions of functionalism in autonomy of psychology, to topics such as eliminative materialism, individualism and the problems of content and representation. The synoptic nature of the discussion makes it ideal as the foundation of an undergraduate course in the philosophy of mind. (shrink)

Why our workplaces are authoritarian private governments—and why we can’t see it One in four American workers says their workplace is a “dictatorship.” Yet that number almost certainly would be higher if we recognized employers for what they are—private governments with sweeping authoritarian power over our lives. Many employers minutely regulate workers’ speech, clothing, and manners on the job, and employers often extend their authority to the off-duty lives of workers, who can be fired for their political speech, recreational activities, (...) diet, and almost anything else employers care to govern. In this compelling book, Elizabeth Anderson examines why, despite all this, we continue to talk as if free markets make workers free, and she proposes a better way to think about the workplace, opening up space for discovering how workers can enjoy real freedom. (shrink)

Philosophical theories of gender are typically understood as theories of what it is to be a woman, a man, a nonbinary person, and so on. In this paper, I argue that this is a mistake. There’s good reason to suppose that our best philosophical theory of gender might not directly match up to or give the extensions of ordinary gender categories like ‘woman’.

It surely would lighten the tasks of feminism tremendously if we could cut to the quick of women's lives by focusing on some essential "woman- ness." However, though all women are women, no woman is only a woman. Those of us who have  ...

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

The idea that there could be spatially extended mereological simples has recently been defended by a number of metaphysicians (Markosian 1998, 2004; Simons 2004; Parsons (2000) also takes the idea seriously). Peter Simons (2004) goes further, arguing not only that spatially extended mereological simples (henceforth just extended simples) are possible, but that it is more plausible that our world is composed of such simples, than that it is composed of either point-sized simples, or of atomless gunk. The difficulty for these (...) views lies in explaining why it is that the various sub-volumes of space occupied by such simples, are not occupied by proper parts of those simples. Intuitively at least, many of us find compelling the idea that spatially extended objects have proper parts at every sub-volume of the region they occupy. It seems that the defender of extended simples must reject a seemingly plausible claim, what Simons calls the geometric correspondence principle (GCP): that any (spatially) extended object has parts that correspond to the parts of the region that it occupies (Simons 2004: 371). We disagree. We think that GCP is a plausible principle. We also think it is plausible that our world is composed of extended simples. We reconcile these two notions by two means. On the one hand we pay closer attention to the physics of our world. On the other hand, we consider what happens when our concept of something—in this case space—contains elements not all of which are realized in anything, but instead key components are realized in different features of the world. (shrink)

G. E. Moore observed that to assert, 'I went to the pictures last Tuesday but I don't believe that I did' would be 'absurd'. Over half a century later, such sayings continue to perplex philosophers. In the definitive treatment of the famous paradox, Green and Williams explain its history and relevance and present new essays by leading thinkers in the area.

Research on human infants has begun to shed light on early-developing processes for segmenting perceptual arrays into objects. Infants appear to perceive objects by analyzing three-dimensional surface arrangements and motions. Their perception does not accord with a general tendency to maximize figural goodness or to attend to nonaccidental geometric relations in visual arrays. Object perception does accord with principles governing the motions of material bodies: Infants divide perceptual arrays into units that move as connected wholes, that move separately from one (...) another, that tend to maintain their size and shape over motion, and that tend to act upon each other only on contact. These findings suggest that o general representation of object unity and boundaries is interposed between representations of surfaces and representations of objects of familiar kinds. The processes that construct this representation may be related to processes of physical reasoning. (shrink)

Experiments with young infants provide evidence for early-developing capacities to represent physical objects and to reason about object motion. Early physical reasoning accords with 2 constraints at the center of mature physical conceptions: continuity and solidity. It fails to accord with 2 constraints that may be peripheral to mature conceptions: gravity and inertia. These experiments suggest that cognition develops concurrently with perception and action and that development leads to the enrichment of conceptions around an unchanging core. The experiments challenge claims (...) that cognition develops on a foundation of perceptual or motor experience, that initial conceptions are inappropriate to the world, and that initial conceptions are abandoned or radically.. (shrink)