This collection of original essays explores the social and relational dimensions of individual autonomy. Rejecting the feminist charge that autonomy is inherently masculinist, the contributors draw on feminist critiques of autonomy to challenge and enrich contemporary philosophical debates about agency, identity, and moral responsibility. The essays analyze the complex ways in which oppression can impair an agent's capacity for autonomy, and investigate connections, neglected by standard accounts, between autonomy and other aspects of the agent, including self-conception, self-worth, memory, and the (...) imagination. (shrink)

The received view in medical contexts is that informed consent is both necessary and sufficient for patient autonomy. This paper argues that informed consent is not sufficient for patient autonomy, at least when autonomy is understood as a "relational" concept. Relational conceptions of autonomy, which have become prominent in the contemporary literature, draw on themes in the thought of Charles Taylor. I first identify four themes in Taylor's work that together constitute a picture of human agency corresponding to the notion (...) of agency implicit in relational accounts of autonomy. Drawing on these themes, I sketch two arguments against the position that informed consent secures autonomy. The first is that informed consent is an "opportunity" concept whereas autonomy is an "exercise" concept; the second is that informed consent requires merely weak evaluation and not strong evaluation. On Taylor's analysis of agency, strong evaluation is required for agency and for autonomy. (shrink)

Joseph Raz’s The Morality of Freedom is well known for defending both a perfectionist form of liberalism and an ‘externalist’ conception of autonomy. John Christman proposes that there is a logical connection between the two theses and argues that externalist accounts of autonomy should be rejected on the basis that they are perfectionist. Christman’s perfectionism argument contains two premises: externalist theories of autonomy entail political perfectionism and political perfectionism is not defensible. I argue that neither premise is true. Externalist theories (...) of autonomy do not entail political perfectionism. Further, even assuming for the sake of argument that premise is true, premise is false. The strongest challenge to political perfectionism is that it is incompatible with the value of respect. I argue that those defending political perfectionism misconstrue what is required for respect. Once we see that respect is secured through features inherent in processes, the value of respect can be reconciled with political perfectionism. Political perfectionism is a defensible thesis and premise is false. (shrink)

This book draws connections and explores important questions at the intersection of the debates about relational autonomy and relational equality. Although these two research areas share several common assumptions and concerns, their connections have not been systematically explored. The essays in this volume address theoretical questions at the intersection of relational theories of autonomy and equality and also consider how these theoretical considerations play out in real-world contexts. Several chapters explore possible conceptual links between relational autonomy and equality by considering (...) the role of values--such as agency, non-domination, and self-respect--to which both relational autonomy theorists and relational egalitarians are committed. Others reflect on how debates about autonomy and equality can clarify our thinking about oppression based on race and gender, and how such oppression affects interpersonal relationships. Autonomy and Equality: Relational Approaches is the first book to specifically address the relationship between these two research areas. It will be of interest to scholars and graduate students working in social and political philosophy, moral philosophy, and feminist philosophy. (shrink)

This section gathers together five reviews of Rae Langton?s book Sexual Solipsism: Philosophical Essays on Pornography and Objectification followed by a response from the author.

Harm reduction has been advocated to address a diverse range of public health concerns. The moral justification of harm reduction is usually presumed to be consequentialist because the goal of harm reduction is to reduce the harmful health consequences of risky behaviors, such as substance use. Harm reduction is contrasted with an abstinence model whose goal is to eradicate or reduce the prevalence of such behaviors. The abstinence model is often thought to be justified by ‘deontological’ considerations: it is claimed (...) that many risky behaviors are morally unacceptable, and therefore that we have a moral obligation to recommend abstinence. Because harm reduction is associated with a consequentialist justification and the abstinence model is associated with a deontological justification, the potential for a deontological justification of harm reduction has been overlooked. This paper addresses this gap. It argues that the moral duty to protect autonomy and dignity that has been advocated in other areas of medical ethics also justifies the public health policy of harm reduction. It offers two examples—the provision of supervised injection sites and the Housing First policy to address homelessness—to illustrate the argument. (shrink)

"My argument is as follows. In the first section, I sketch briefly the ways in which intentionalism might provide a solution to the problem of vagueness. The second section describes the different areas in which counterfactuals must be invoked by intentionalism. In the third section I point out that on a classic analysis of counterfactuals - that of David Lewis and Robert Stalnaker - the truth conditions of counterfactuals depend on relations of similarity among possible worlds. Since similarity is vague, (...) so are counterfactuals. Finally, I show that there is no unique solution to the problem of vagueness for the specific types of counterfactuals required by intentionalists - those referring to authors' or legislators' mental states, and those attempting to transport historical authors into the present. Although some counterfactuals are relatively 'insensitive' - in Lewis's sense -- those required in intentionalist interpretation are at least moderately sensitive. This means taht different contexts will resolve the vagueness in different ways. The choice among contexts must be made by the interpreter and is not determined by author's intentions. Hence the vagueness due to counterfactual reasoning about author's intention leads to indeterminacies that cannot be resolved by intentionalism itself. Intentionalism is a solution neither to the problem of vagueness nor to the problem of indeterminacy." Distinguishes between strict intentionalism and moderate intentionalism. Both are often seen as a means for reducing vagueness in legal language. However, counterfactual intentions are needed to resolve certain problems. First, in combining actual intentions, e.g. in a legislature, where different combinations may result in different legislation. Second, it is needed to resolve conflicts between intentions, particularly between different levels of abstraction. Third, reducing vagueness, which will be necessary even with enactment intentions. Fourth, there may be no determinate intention that would even, in principle, resolve a borderline case - e.g. when intentions are conflated. [For discussion of application and enactment intentions, see Goldsworthy, "Originalism in Constitutional Interpretation," Federal Law Review 25: 1.] Lastly, counterfactuals may be necessary to distinguish between application and enactment intentions. Lewis on counterfactuals: "For Lewis and Stalnaker, the key idea in the explication of truth conditions of counterfactuals is that of 'comparative overall similarity' of possible worlds. A counterfactual is true if and only if in the closest, most similar world to the actual in which the antecedent of the conditional is true, the consequent of the conditional is also true." Thus, there may be a determinate relevant world for some cases - i.e. there may be a counterfactual that determines the answer to a counterfactual question. This, however, will not always be the case. For example, counterfactuals concerning Caesar being the leader of N. Korea. Here, for Lewis, where there are ties of closeness of counterfactuals, all tied CFs will be false. When considering counterfactual intentions for the sake of interpretation, some may be determinate or insensitive. Normally, however, this will not be the case. "For intentionalism to resolve the matter of whether the regulation prohibiting vehicles prohibits toy cars as well, one of these counterfactuals must be true and the other false. Imagine a possible world in which the oncsideration of the borderline case is added to the authors' mental states. It is likely that connected belief will be affected as well. For example consideration of the aim of the regulation will occur as a consequence of the consideration of whether the regulation applies to the borderline case: Is ensuring peace and quiet in the park overriding, or are there exceptions to accommodate children's games? When there are changes in a constellation of men tal states, we will have to imagine a situation in whichh the legislators' beleifs are very different from what they in fact were. This creates at least a profound epistemological problem, because, as Dworkin puts it: "[it] has the effect of sharply reducing the amount of historical evidence that is relevant to answering the counterfactual." More important, however, in some worlds in which the legislators consider the case of a child's toy car, they will treat the peace and quiet purpose as overriding, whereas in others they will treat the children's play purpose as overriding. This means that different worlds will resolve the truth-value of the counterfactuals differently." "If I am right that counterfactual reasoning is ubiquitous in intentionalism, intentionalism suffers from an extra dimension of vagueness and is therefore at a disadvantage when measured against theories that do not rely on counterfactuals.". (shrink)

Scholars have given attention to the question of whether morally-neutral philosophical analysis of the concept ‘law’ is a sustainable project. Less at- tention has been given to whether the methodological approach that relies on morally-neutral description and explanation, rather than on philosophical analysis, is a defensible project. My primary goal in this paper is to argue that although descriptive/explanatory theorizing is a logically possible project, it is not a defensible one. I claim that there is no reason to insulate legal (...) theorizing from moral arguments. Indeed, it is desirable for legal theorists to employ moral considerations because it is only through moral argument that we can answer important questions we care about with respect to law.Resumen:Muchos teóricos han prestado su atención a la pregunta sobre si el análisis filosófico moralmente neutral del concepto ‘derecho’ es un proyecto sostenible. En cambio, se ha prestado menos atención a discutir si el en- foque metodológico basado en descripciones y explicaciones moralmente neutrales, en lugar del análisis filosófico, es un proyecto defendible. Mi objetivo principal en este artículo es argumentar que, si bien la labor teórica descriptiva/explicativa es un proyecto lógicamente posible, no es, sin embargo, defendible. Yo sostengo que no hay razón para aislar la labor teórico-jurídica de los argumentos morales. Por el contrario, es deseable que los teóricos del derecho empleen consideraciones morales, debido a que es sólo a través de argumentos morales como podemos responder las preguntas que nos preocupan en relación con el derecho. (shrink)

This article outlines various philosophical conceptions of gender. I first explain two basic approaches: first, that gender is a social role or status that is imposed on individuals by third‐person institutional structures; and secondly, that gender is a matter of first‐person identifications, behaviors or choices. Next, I examine the notion of gender essentialism. Is gender is feature of persons that is essential to an individual being the person she is? Is there a “kind essence” or “group essence” that individuals have (...) to instantiate in order to be members of gender groups? Finally, I explain the related debate over the unification of gender categories. Realists argue that explaining group membership requires that we posit a universal, for instance, a single property “womanness” that all members of the group “women” share. Nominalists argue that weaker devices such as linguistic categorization or resemblance are adequate to unify individuals with different characteristics into the group. For nominalists, diversity within groups does not entail that groups are a myth. (shrink)

This dissertation argues for a position called "legal pluralism". According to legal pluralism, most legal decision-making, especially decision-making by judges in "hard cases", is best analyzed as the application of a plurality of legal values which often conflict. Moreover, legal pluralism claims that these conflicts often cannot be resolved, and therefore decision-making in law is genuinely indeterministic in many cases. The position contrasts with two common accounts of judicial decision-making in hard cases: the claim that judicial decision-making is significantly determinate (...) and the claim that it is radically indeterminate . ;The first chapter argues for the first part of pluralism, namely that there is a plurality of legal values which typically conflict in hard cases of legal interpretation. It also argues against the doctrine of "intentionalism" which claims that determinacy can be achieved in legal interpretation by identifying the correct legal answer with the author's intended answer. The second chapter provides an extended analysis of Dworkin's doctrine of "law as integrity". It argues that Dworkin's theory of law is "monistic" in two senses. First, his theory attempts to provide a method for achieving deterministic decision-making; and secondly, his theory is committed to treating a single legal value--the value of "integrity"--as overriding. I claim that neither form of monism can plausibly be maintained. The third chapter argues that pluralism provides the best account of the special features of legal disagreement in hard cases and attempts to rebut counter-arguments suggesting that disagreement is epistemic disagreement only. The fourth and final chapter focuses on the nature of the values over which judges disagree. It proposes that the conflicts between values in some cases are genuine legal dilemmas because legal conflicts are often conflicts between "generically different" values or "incommensurable" values. In particular, "institutional" values--values which enhance the operation of law conceived as an institution having a certain function in society--are incommensurable with the values of substantive justice. (shrink)

Volume 3, Issue 1, March 2019, Page 1-4.

Natalie Stoljar ist eine australische Philosophin und Professorin für feministische, politische und Rechtsphilosophie an der McGill University in Montreal, Kanada. Neben der Forschung zur Rechtsphilosophie widmete sich Stoljar den Schnittstellen von Sozialphilosophie, politischer Philosophie und Moralpsychologie. In diesem Kontext verortet sie auch das Konzept der Autonomie.

In the course of his argument for a common law conception of Constitu- tional Bills of Rights and judicial review, Wil Waluchow claims that there is a principled distinction to be drawn between a community’s ‘opinions’ or ‘mere moral preferences’ and its ‘true’ or ‘authentic’ moral commitments. Moreover, he argues that it is possible for judges to identify a community’s authentic moral commitments and apply them to decide particular cases. If he is right, it is not the case that judges, (...) in making a decision about the application and scope of constitutional rights, are inevitably importing their own subjective moral standards into the decision. I analyze Waluchow’s use of the moral opinions -moral commitments distinction. I argue first that the distinction presupposes a descriptive methodology of constitutional interpretation. I suggest however, that the methodology of interpretation in Bills of Rights cases is constructive and involves substantive, ‘evaluative and justificatory’ reasoning by interpreters and judges. I then argue that the moral opinions-moral commitments distinction either cannot do the work that Waluchow’s argument requires, or, if it is modified to do the work, it becomes a substantive distinction. A substantive conception of authenticity creates a problem for Waluchow because it undermines his purely procedural account of democratic self-governance.Resumen:Wil Waluchow al desarrollar su argumento a favor de una concepción propia del common law para las constituciones y para el judicial review, sostiene que existe una distinción de principio entre las “opiniones” de la comunidad o sus “simples preferencias morales” y los compromisos morales “verdaderos” o “auténticos”. Además, sostiene que para los jueces es posible identificar los compromisos morales auténticos de una comunidad y aplicar los mismos en la decisión de casos concretos. Si tiene razón, entonces los jueces al decidir casos concretos sobre el alcance de los derechos constitucionales no canalizan sus propios estándares mora- les subjetivos a las decisiones. En este estudio analizo el uso que hace Waluchow de la distinción entre opiniones morales y compromisos morales. Argumento en primer término que la distinción presupone una metodología descriptiva de la interpretación constitucional, y sugiero que no obstante lo anterior, la metodología de interpretación de los derechos constitucionales es constructiva e implica por parte de los intérpretes y jueces un razonamiento “evaluativo y de justificación” sustantivo. Posteriormente argumento que la distinción entre opiniones morales y compromisos morales no tiene el alcance que pretende y requiere el trabajo de Waluchow y si se modifica, entonces se convierte en una distinción sustantiva. Una concepción sustantiva de autenticidad le genera un problema a Waluchow porque debilita su explicación puramente procedi- mental de un auto-gobierno democrático. (shrink)

The terms “essentialism” and “antiessentialism” have rhetorical, metaphysical, and political force in feminist philosophical literature. This paper develops the relation between the metaphysics and the politics of essentialism. I argue that there are broadly two metaphysical conceptions of essentialism implicit in the literature: the idea that there is a universal womanness that all women share, and the idea that each individual woman has certain essential properties. The first conception is false because it is incompatible with the existence of “multiple identities” (...) pointed out by proponents of the “politics of identity.” The second conception, while it may be true, is politically innocuous. In order to explain the observations of the politics of identity, we need a “metaphysics of diversity.” This paper argues that adopting a kind of resemblance nominalism will provide the required metaphysics of diversity. (shrink)