Este texto pretende apresentar algumas posições sobre o problema do gênero, na modernidade. Partindo do diagnóstico de Foucault de que os processos de constituição e de produção do sujeito implicariam ter um modelo de autodeterminação de si, buscamos pensar o problema do gênero por duas vertentes: por um lado, uma proposta de Butler, em que a sexualidade não poderia ser determinada, pois ela sempre resistiria a qualquer forma de normatização; por outro, uma luta por reconhecimento da individualidade que procura incluir (...) todas as possibilidades de autorrealização de si, na esfera jurídica. Nossa proposta é avaliar esses dois modelos e questionar o que poderia estar mais próximo das demandas sociais em relação ao problema do gênero e, de um modo mais amplo, do problema da identidade individual. This paper aims to present certain positions regarding the question of gender in modernity. Starting from Foucault’s diagnosis that the processes of the constitution and production of the subject involve having a model of self-determination, we have attempted to reexamine the question of gender from two different perspectives: on the one hand, Butler’s proposal that sexuality cannot be determined, since it always resists any form of normatization; on the other, the struggle for recognition of individuality which seeks the inclusion into the legal sphere of all possibilities for self-fulfillment. Our aim is to evaluate these two models and to question which of the two might be closer to social demands connected to the issue of gender and, more broadly, the issue of individual identity. (shrink)

Neste artigo procuramos apresentar os elementos que possibilitam a constituição das identidades coletivas a partir de quatro conceitos fundamentais: a demanda, o significante vazio, a identificação e o gozo. Primeiro, revisitamos Freud trazendo a noção de identificação pensada em sua determinação política. Em seguida, buscamos justificar a especificidade da noção lacaniana de significante vazio, repensado por Ernesto Laclau enquanto um conceito político fundamental implicado na constituição e formação das identidades coletivas. Avançamos na lógica do significante e das demandas insatisfeitas (...) que se organizam basilarmente na composição das identidades coletivas a partir de casos específicos e formalizações. Com este trabalho, temos como objetivo contribuir com a reflexão e debate psicanalítico, filosófico e político acerca das identidades políticas, sociais, de gênero, de diversidade sexual, étnicas e culturais em suas mais variadas formas. (shrink)

Ordinary discourse is filled with discussions about ‘sexual orientation’. This discourse might suggest a common understanding of what sexual orientation is. But even a cursory search turns up vastly differing, conflicting, and sometimes ethically troubling characterizations of sexual orientation. The conceptual jumble surrounding sexual orientation suggests that the topic is overripe for philosophical exploration. This paper lays the groundwork for such an exploration. In it, I offer an account of sexual orientation – called ‘Bidimensional Dispositionalism’ (...) – according to which sexual orientation concerns what sex[es] and gender[s] of persons one is disposed to sexually engage, and makes no reference to one’s own sex and gender. (shrink)

This paper focusses on our concerns about revelations about sexual harassment in universities and the inadequate responses whereby some universities seem more concerned about their own reputations than the care and protection of their students. Seldom do cases go to criminal court, instead they mostly fall within employment relations policies where the use of non-disclosure agreements are double edged, such that some perpetrators remain nameless even if the person offended against wants details made public. Of course if the staff (...) member does not resign or take retirement prior to potential dismissal, but remains in the institution, the grapevine still works. Universities too often become complicit in cover-ups at the expense of further potential victims of sexual misconduct. It has been with much dismay that we found that despite extensive training and writing about ethics some senior professors in philosophy fields have been accused and found wanting, disabusing us of the virtue assumption. Despite these recent instances where perpetrators have been named and been publicised in the media, we found that this is not in fact new, so not only does the paper look to the past, but also extensively it uses contemporary accounts, reports and documents from USA, UK, South America, Australia, and New Zealand. These seem to be the tip of the iceberg, so our hope is that all students and staff in universities (and in fact all institutions where there are inherent power imbalances) will not only feel safe, but that they will be safe as universities become genuinely ethical institutions. (shrink)

Medicalisation is a social phenomenon in which conditions that were once under legal, religious, personal or other jurisdictions are brought into the domain of medical authority. Low sexual desire in females has been medicalised, pathologised as a disease, and intervened upon with a range of pharmaceuticals. There are two polarised positions on the medicalisation of low female sexual desire: I call these the mainstream view and the critical view. I assess the central arguments for both positions. Dividing the (...) two positions are opposing models of the aetiology of low female sexual desire. I conclude by suggesting that the balance of arguments supports a modest defence of the critical view regarding the medicalisation of low female sexual desire. (shrink)

When philosophers consider factors compromising autonomy in consent, they often focus solely on the consent-giver’s agential capacities, overlooking the impact of the consent-receiver’s conduct on the consensual character of the activity. In this paper, I argue that valid consent requires justified trust in the consent-receiver to act only within the scope of consent. I call this the Trust Condition (TC), drawing on Katherine Hawley’s commitment account of trust. TC constitutes a belief that the consent-receiver is capable and willing to act (...) as we expect from them. If such trust is not warranted, I argue, consent lacks the appropriate normative grounds. After establishing TC, I explore its application in the sexual arena, asserting that due to the non-contractual dimensions of sexual activity — such as the dynamic nature of sexual desires and the absence of external factors effectively binding sexual partners to the terms of consent—trust is warranted in sexual consent by means of care. I define care as a special sensitivity and attention toward the partner’s will and discuss how this approach leads to safer intimate relationships in practice. (shrink)

When does a woman give valid consent to sexual relations? When does her consent render it morally or legally permissible for a man to have sexual relations with her? Why is sexual consent generally regarded as an issue about female consent? And what is the moral significance of consent? These are some of the questions discussed in this important book, which will appeal to a wide readership in philosophy, law, and the social sciences. Alan Wertheimer develops a (...) theory of consent to sexual relations that applies to both law and morality in the light of the psychology of sexual relations, the psychology of perpetrators, and the psychology of the victims. He considers a wide variety of difficult cases such as coercion, fraud, retardation, and intoxication. We can all agree that 'no' means 'no'. This book suggests that the difficult question is whether 'yes' means 'yes'. (shrink)

Rather than as a giving of permission to someone to transgress one’s bodily boundaries, I argue for defining sexual consent as feeling-with one’s sexual partner. Dominant approaches to consent within feminist philosophy have failed to capture the intercorporeal character of erotic consciousness by treating it as a form of giving permission, as is evident in the debate between attitudinal and performative theories of consent. Building on the phenomenology of Maurice Merleau-Ponty, Ann Cahill, Linda Martín Alcoff, and others, I (...) argue that taking consent to be an intercorporeal and dynamic coexistence of desiring bodies opens up new ways of thinking about the role of consent in sexual ethics. I suggest that phenomenology’s theories of embodied consciousness, operative intentionality, and the direct perception of others provide a better groundwork for conceptualizing the role of ambiguity and subtle power dynamics in sexual encounters than attitudinal or performative accounts of consent. I also defend my view against Jonathan Jenkins Ichikawa’s argument for doing away with the concept of consent in sexual ethics due to consent's stubborn and infelicitous presupposition of permission-giving. (shrink)

In this paper I first argue that we do not need to intend all the features of X in order to consent to X. I will present cases in which agents intend to consent to gambles, and intend to consent to have sex with people under certain descriptions, de re, rather than de dicto. Next, I argue that deception – even deception about features of a sexual act that qualify as “deal-breakers” for a participant – might not always have (...) the power to undermine sexual consent. In both sections I craft my arguments by appealing to a proposal about the scope of rights. I suggest that we may have intentions regarding our sexual experiences that do not map onto the rights that we actually hold pertaining to those sexual experiences. (shrink)

The way in which consent to sexual interactions is understood in the US is undergoing a transformation. Many universities, sometimes at the behest of lawmakers, are moving to adopt ‘affirmative consent’ policies, which define consent in terms of affirmative behavior that goes beyond mere silence or lack of resistance. Although these policies are a move in the right direction, I argue that their content has not been properly understood. In particular, the circumstances in which nonverbal behavior may communicate consent (...) are more limited than might be apparent. And even though these circumstances can be abstractly identified, it is difficult to give people adequate guidance about when some of them obtain. Moreover, I argue that no matter how the allowance for nonverbal behavior is construed, affirmative consent policies unnecessarily prohibit interactions that people may have reason to engage in. I propose an alternative policy that remedies these problems with the affirmative consent policies that are currently being implemented. And I note that the justification for this alternative policy does not turn on any special features of the university setting. Instead, the account I give suggests grounds for reforming the law as well. (shrink)

This paper argues that although Epicureans will never marry for love, they may find it therapeutic to marry for sex: Epicureans may marry in order to limit anxiety about securing a sexual partner if they are prone to such anxiety and if they believe their prospective partner will satisfy them sexually. The paper shows that Epicureans believe that the process of obtaining sex can be a major source of anxiety, that it is acceptable for the sage to marry under (...) certain circumstances, and that the desire for sex alone is free of the groundless assumptions that fuel love. Epicureans would therefore approve of marrying to alleviate sexual anxiety. (shrink)

Numerous studies have found that many people believe that a provocatively dressed woman is at greater risk for sexual assault and bears some responsibility for her assault if she is attacked. Furthermore, in legal, academic, and public debates about sexual assault the appropriateness of the term ‘provocative’ as a descriptor of certain kinds of women’s clothing is rarely questioned. Thus, there is a widespread but largely unquestioned belief that it is appropriate to describe revealing or suggestive women’s clothing (...) as ‘provocative’ and that women who wear such clothing could provoke sexual assault and harassment from men. Yet it is rarely noted that only women’s clothing is described as sexually provocative. Men’s clothing, no matter how revealing, is never described as provocative. Why is this the case? This Article challenges the assumption that it is appropriate to describe women’s clothing as provocative. Drawing on on models of the legal defense of provocation and research on objectification and responsibility, this Article demonstrates that continued use of ‘provocative’ term normalizes and entrenches deeply problematic attitudes about women’s responsibility for men’s sexual behavior. The social interpretation of women’s clothing as provocative arises from the privileged social and legal status of men’s sexual arousal and the objectification of women’s bodies. Describing women’s clothing as provocative thus reinforces a problematic conception of women’s bodies and sexuality that is connected to women’s experiences of their bodies, their clothes, and shapes their vulnerability to sexual assault and social and legal attitudes to such attacks. (shrink)

This article revisits Irigaray's theory of sexual difference in the light of more contemporary developments in terms of nomadic becomings and non-unitary subjectivity, especially in Deleuze. It defends the notion of embodied materiality on philosophical grounds, by linking it to the issues of power, access, hegemony and exclusion, which are central to post-structuralism. Through a detailed analysis of the sexual politics of difference feminism, the author argues for a non-reactive redefinition of the feminine as a project of becoming, (...) and connects it firmly to feminist discussions about gender and queer theory. (shrink)

Much of modern ethics is built around the idea that we should respect one another’s autonomy. Here, “we” are typically imagined to be adult human beings of sound mind, where the soundness of our mind is measured against what we take to be the typical mental capacities of a neurodevelopmentally “normal” person—perhaps in their mid-thirties or forties. When deciding about what constitutes ethical sex, for example, our dominant models hold that ethical sex is whatever is consented to, while a lack (...) of consent makes sex wrong.1 Consent, in turn, is analysed in terms of autonomous decision-making: a “yes” or “no” that reflects the free and informed will of our idealised, sound-minded adult. Whether such models provide adequate normative guidance for ethical, much less good, sex between neurotypical human adults is an open question.2 3 When it comes to the ethics of sexual activity between humans and non-humans—robots, say—or between humans who don’t fit the rational stereotype, we hardly know where to begin.4–7 It is therefore heartening to see a number of papers in this issue tackling the difficult question how to respectfully facilitate or respond to the needs, desires, and decisions of people with different kinds or degrees of autonomy.8 For example, Sumytra Menon and colleagues9 explicitly discuss the notion of “borderline capacity” and argue, in the medical domain, for shared and supportive decision-making practices to “foster the autonomy of patients with compromised mental capacity while being mindful of the need to safeguard their well-being.” Touching on a similar theme, Zahra Ladan 10 asks how we should conceive of liberty in the case of persons with certain inborn physical or mental limitations. Might it sometimes be necessary to …. (shrink)

This article discusses the role of gender relations vis à vis the steps taken by the State to mitigate the social problems derived from the unemployment provoked by neoliberal policies. During the last decades, notwithstanding the transformations undergone by the labor market and the State, gender s..

In lieu of an abstract, here is a brief excerpt of the content:The Future of Sexual Difference: An Interview with Judith Butler and Drucilla Cornell*Pheng Cheah (bio) and Elizabeth Grrosz (bio)EG:Luce Irigaray’s writings have always figured strongly in your works, probably more than in the work of other American feminist theorists. Out of all the feminist theorists you both interrogate, she seems to emerge as a kind of touchstone of the feminist ethical, political, and intellectual concerns to which you (...) seem to aspire. Could each of you briefly outline how she figures in your work, whether your relations to her have changed, and if so, how?JB:I think that probably early on, when I started working on French feminism as a graduate student in the early ‘80s, I was not interested in her at all because she seemed to me to be an essentialist and that was a term we used quite easily then, when we thought we knew what it meant. In the late ‘80s, I started to rethink my objections to her on that basis and found that she was, among the feminist theorists I had read, perhaps the most versed in philosophy and that her engagement with philosophy was a curious mixture of both loyalty and aggression. And it became very interesting to me when I started thinking about her whole practice of critical mimesis—what she was doing when she was reading Freud, what was she doing when she was reading Plato—and I read Speculum again and again, frightened by its anger, compelled by the closeness of the reading, confused by the mimetism of the text. Was she enslaved to these texts, was she displacing them radically, was she perhaps in the bind of being in both positions at the same time? And I realized that whatever the feminine was for her, it was not a substance, not a spiritual reality that might be isolated, but it had something to do with this strange practice of reading, one in which she was reading texts that she was not authorized to read, texts from which she was as a woman explicitly excluded or explicitly demeaned, and that she would read them anyway. And then the question is: what would it mean to read from a position of radical deauthorization in order to expose the contingent authority of the text? That struck me as a feminist critical practice, a critical reading practice that I could learn from, and from that point on, highly influenced by both Drucilla’s work and Naomi Schor’s work [see Schor], I started to read her quite thoroughly.PC:Is this kind of relationship that she has with the philosophers she reads a sexual relationship? I am thinking of some of the sexualized terms you just used: loyalty and aggression.JB:Yes, there is no doubt that there is an eros of a certain kind, usually the kind that frightens me, quite frankly. I think Carolyn Burke has made this argument that Irigaray [End Page 19] has a romance with the philosophers [see Burke]. I think she has a certain masochistic-sadistic erotic engagement with the philosophers.EG:Do you think it is sado-masochistic?JB:Well, I think it was much more aggressive in Speculum of the Other Woman than it became in An Ethics of Sexual Difference. There, I think there is an engagement that is still very difficult, but at least there is evidence of a more loving engagement.PC:I hope that we can return to the question of love at the end. Is this the kind of relationship that you have to her texts?JB:No, I’m probably too frightened. [Everybody laughs.] And I don’t engage them that closely, probably because I find it frightening to be in that particular knot. She doesn’t actually have a chapter in any of my books. I think I can’t quite devote a chapter to her....EG:No, but you devote large sections of chapters....JB:That’s true, but I can’t stay there for a prolonged period of time [laughs], whatever that’s worth.EG:I’d like to come back to this later, because I think it is a really interesting... (shrink)

The integration of psychedelic substances into modern Western therapeutic practice has sparked a critical examination of many topics including: efficacy of psychedelics to treat mental health diagnoses without psychotherapeutic intervention, what models of therapy to use, and ethical implications related to altered states of consciousness. Of utmost concern are issues of power dynamics leading to incidents of sexual abuse. These issues underscore the importance of understanding therapeutic dynamics within the context of psychedelic-assisted therapy. This paper aims to explore these (...) intersections, addressing sexual abuse issues in Western psychedelic-assisted therapy while elucidating pathways towards ethical practice and regulatory frameworks. (shrink)

Robert Sparrow argues that because of women's longer life expectancy philosophers who advocate the genetic modification of human beings to enhance welfare rather than merely supply therapy are committed to favouring the selection of only female embryos, an implication he deems sufficiently implausible to discredit their position. If Sparrow's argument succeeds, then philosophers who advocate biomedical moral enhancement also seem vulnerable to a similar charge because of men's greater propensity for various forms of harmful wrongdoing. This paper argues there are (...) various flaws in Sparrow's argument that render it unsuccessful. The paper also examines whether dimorphism reduction is a more desirable outcome than male elimination, thereby further illustrating the difficulties besetting the distinction between therapy and enhancement. (shrink)

Sexual violence during war varies in extent and takes distinct forms. In some conflicts, sexual violence is widespread, yet in other conflicts—including some cases of ethnic conflict—it is quite limited. In some conflicts, sexual violence takes the form of sexual slavery; in others, torture in detention. I document this variation, particularly its absence in some conflicts and on the part of some groups. In the conclusion, I explore the relationship between strategic choices on the part of (...) armed group leadership, the norms of combatants, dynamics within small units, and the effectiveness of military discipline. (shrink)

First Published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

Why has little progress been made in resolving the debate about the concept of sexual perversion? I suggest that the stalemate is due to misunderstandings and poor methodology. I develop a new methodology for resolving disputes about the correct analysis of the contents of concepts where the disputes have social and political ramifications. When deciding between competing analyses of a concept, we should not just consider facts about our inferential and judgemental dispositions with respect to that concept; we should (...) also incorporate facts about its desired social function. This provides additional resources for making decisions about which analysis to choose, when information about our dispositions alone cannot determine an answer. (shrink)

This papers explains the sexual pleasure view of sexual desire, and argues that the moral evaluation of sexual pleasure depends on the moral evaluation of the sexual activity on which the pleasure supervenes. Thus, ethical talk of sexual pleasure as such, regardless of the type of activity on which it supervenes is misguided. The essay also argues that the ethics of sexual desires also depends on the sexual activities that the desires seek, but (...) that the sexual desires and pleasures can help evaluate the character of the person with those desires. The essay concludes by using this Aristotelian view of pleasure as supervening on its activities to solve a dilemma that David Benatar once raised in sexual ethics. (shrink)

Research has shown that a majority of employed women experience sexual harassment and suffer negative repercussions because of it; yet only a minority of these women label their experiences “sexual harassment.” To investigate how people identify sexual harassment, in-depth interviews were conducted with 18 waitpeople in restaurants in Austin, Texas. Most respondents worked in highly sexualized work environments. Respondents labeled sexual advances as sexual harassment only in four specific contexts: when perpetrated by someone who exploited (...) their powerful position for personal sexual gain; when the perpetrator was of a different race/ethnicity than the victim—typically a minority man harassing a white woman; when the perpetrator was of a different sexual orientation than the victim—typically a gay man harassing a straight man; or when violence or the threat of violence was used. The authors argue that the hegemonic norms of acceptable sexual activity privilege heterosexual relationships, legitimize institutionalized forms of sexual exploitation in the workplace, and may protect assailants of the same race and sexual orientation as their victims from charges of sexual harassment. (shrink)

This paper is an attempt to reconstruct the history of genetic and evolutionary theories of same-sex sexual behavior using Imre Lakatos’ methodology of scientific research programs . Although distinct, those two programs are complementary. Whereas the genetic program maintains that homosexuality is genetically inherited, the evolutionary program attempts to explain how such a gene, which apparently reduces the reproductive fitness of its homozygous carrier, is maintained in the population. This appraisal reveals that the two research programs have not been (...) empirically progressive in the Lakatosian sense. I argue that this situation has arisen precisely because of inappropriate over-commitment to the respective hard cores of the two research programs. As adherence to such cores is essential for success in research programs, according to Lakatos, I argue that Lakatos’ account of science may be descriptively adequate but is normatively inadequate. I provide grounds for generalizing this case as follows: the MSRP may successfully capture the logic of axiomised sciences, such as physics, but applies poorly to most sciences, including biological and social sciences, which do not lend themselves to axiomatic organization. (shrink)