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 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.
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)
"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)
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)
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)
