This article argues for separating the institutions of marriage and parenting, conceptually and legally. Marriage is neither necessary nor adequate for fostering cooperative and stable co-parenting. Because promoting marriage fails to protect all children, the state should develop a more suitable formal mechanism whereby co-parents can commit to cooperate in good faith in order to best serve the interests of their children. Like civil marriage, many of the terms of these contracts are aspirational and not enforceable, (...) though they can guide arrangements for custody and financial support. Co-parenting agreements need not be limited to two parents, nor need they be limited to legal parents, but can include de facto parents, such as stepparents, foster parents, and other support parents. One important aim of these agreements is to recognise and support the valuable work that married or unmarried co-parents perform, and to protect the parental rights of caregivers in different kinds of situations. (shrink)

In recent years the account of natural law that has come to be known as the “new natural law theory” has come under criticism. Rebekah Johnston has engaged quite seriously with the NNL account of marriage and sexuality and has deemed it insufficient and internally inconsistent, going so far as to argue for the legitimacy of homosexual “marriage” based on the NNL’s own system. The author argues in this essay that the NNL does not fully realize the implications (...) of its position in this regard, and that Rebekah Johnston’s critique fails similarly in providing an account of marriage and sexuality. To remedy these errors, the role of normative, natural teleology must be investigated thoroughly. (shrink)

Anti‐discrimination laws draw a distinction between two kinds of discrimination by non‐state actors. Intimate choices are protected even if they are morally wrong. For example, even if it is morally wrong to discriminate on the basis of race in deciding whom to date, marry or befriend, anti‐discrimination laws permit these acts. By contrast, commercial decisions are commonly regulated. I argue that the reasons for regulating commercial decisions also extend to an intermediate case, commercial facilitators of marriage choices. In the (...) context of the caste system, I argue that commercial facilitators should be banned from allowing customers to filter by caste. The argument is based on two considerations. First, this could mitigate the harmful effects of such discriminatory marriages choices in the (re)production of the oppressive caste system. Second, even if the ban fails in changing behaviour, it serves as an expressive goal of communicating the state's opposition to the caste system. (shrink)

The Bachelor's Argument against marriage, as I described it in this journal,1 says that marriage involves taking an imprudent risk of finding oneself committed to a relationship with someone one does not love. The evidence indicates that many people who marry eventually find themselves without the feelings for the other person which made a marital relationship seem worthwhile in the first place; and were that to happen to us, it would seem highly undesirable nonetheless to be locked into (...) a relationship with our spouse as a result of the commitment we made when we married. I went on to argue that several obvious responses to this argument fail. In particular, if we enter into marriage without genuinely intending to keep our promise of maintaining a relationship with our spouse, we will be making an insincere promise. Alternatively, if our promise is sincere, but the morality of promise-keeping is such that when our feelings for the other person fade away the moral force of our commitment is canceled, then the commitment itself seems otiose. However, I did not consider all of the possible responses to the argument, and Iddo Landau has recently made an interesting suggestion about how to interpret the marriage commitment in a way that does not render it immoral or pointless.2 His proposal is that what we are committing ourselves to when we marry is ‘to invest work in performing certain acts that are likely to sustain the. (shrink)

Oregon State University, USA, andrew.valls{at}oregonstate.edu ' + u + '@' + d + ' '//--> In this article, we draw an analogy between the regulation of market language (including official definitions of `organic', `ice cream', and `diamond') and the regulation of the social and legal label `marriage'. Many of the issues raised in the debate over same-sex marriage are less about access to material benefits than about the social and cultural meaning of `marriage'. After reviewing the issues (...) in this debate, we present an analysis of the regulation of language in the marketplace. We discuss the considerations that shape how the state regulates language in the marketplace, if it regulates it at all. Using this framework to analyze the issue of same-sex marriage allows us to identify the costs and benefits of different proposals with regard to marriage, and allows us to distinguish issues that are often conflated. Contrary to its opponents, we argue that making marriage available to same-sex couples does not violate the meaning of `marriage' or destroy marriage, because such a change is similar to many other changes in which words and labels are extended to include new `goods'. This alters the meaning, but does not destroy it, and it does not preclude the possibility of further linguistic innovation to maintain a distinction. Contrary to proponents of same-sex marriage, however, we argue that extending marriage to same-sex couples is not cost-free. There are costs and benefits of any policy on this issue — costs and benefits related to information and status, as well as material resources. Hence, while we agree with advocates of same-sex marriage, we argue that their position involves trade-offs and costs that they sometimes fail to recognize. Key Words: gay marriage • marriage • language regulation. (shrink)

A powerful objection to civil marriage claims that it violates the principle of liberal neutrality because the institution implies state endorsement of matrimony as an ideal type of personal relationship. The chapter argues that this neutrality objection is cogent only if certain empirical conditions fail to be met. These conditions concern both the nature and the effects of the social norms that stipulate the intentions and beliefs necessary for good faith entrance into marriage. In certain circumstances, the presumptively (...) permanent nature of marital relationships supports a cogent justification of civil marriage without any implication of state endorsement of the matrimonial ideal. (shrink)

Christopher Bennett has argued that state support of conjugal relationships can be founded on the unique contribution such relationships make to the autonomy of their participants by providing them with various forms of recognition and support unavailable elsewhere. I argue that, in part because a long history of interaction between two people who need each other’s validation tends to produce less meaningful responses over time, long-term conjugal relationships are unlikely to provide autonomy-enhancing support to their participants. To the extent that (...) intimate relationships can provide a unique form of reciprocal support, Bennett fails to show that couples have an advantage over multiple-partner arrangements in doing so. (shrink)

The ideal city of Plato could only come true if three great and unlikely changes were made in the state. Neither Plato's contemporaries nor later generations have been able to breast the second of these ‘waves,’ which brings in a new order of marriage for guardians. The scheme is condemned as not only not good or possible—the Platonic tests—but as inconsistent with itself and with the account given in the Timaeus. The parts under censure are the so-called table of (...) prohibited affinities and the sanction of infanticide. It would be strange to find discrepancies in a proposal so important for Plato's state that details cannot well be left to some Damon, and I hope to show that difficulties arise only when critics do not place themselves exactly at Plato's point of view. He conceived a certain problem with sharp outlines, and his answer is precisely adapted to that. The first wave left the guardians as a family of men and women living in common. How was it possible to preserve this communal life and provide for the future of the guardian class? If the rulers failed to choose aright here, an oracle foretold the decay of the city . Therefore Plato's rigid preoccupation in the second wave is to secure for the archons entire control over the birth of guardian children. Otherwise the community will sink into mere promiscuity and the stock will degenerate. In short, Plato tries to ensure that, apart from the necessary getting of children for the state, the guardians shall be friends and not lovers. Our special problems arise from the two questions—πως παδοποιήσονtαι, καì γεκομÉνους πως θρÉψουσι; . Let us begin with the first of these. (shrink)

Owing most probably to Western-style modernization, marriage is increasingly understood to be a business strictly for married couples. However, I argue that this is an error, as many inexperienced couples are left to their own devices, and thereby often fail to utilize marriage to acquire the social competencies that are crucial to wider social responsibilities, including political leadership. The modern atomic conception of marriage is influenced by the Kantinspired Western conception of moral autonomy. Nevertheless, I reject this (...) conception as excessively absolutist, and argue that moral autonomy can be tempered by lack of experience, human desire and circumstantial pressures in life. Many African societies view marriage as a union of societies rather than that of individuals, and I argue that the moral support offered by the extended family and the community at large is ultimately geared to inculcate in the spouses inter-personal and social skills of restraint, prudence, tolerance, constructive criticism and other virtues desperately needed to execute societal responsibilities. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:258 Feminist Studies 47, no. 2. © 2021 by Feminist Studies, Inc. Mei-Hua Chen and Hong-zen Wang Flexible Intimacies in the Global Intimate Economy: Evidence from Taiwan’s Cross-Border Marriages When Lin Ping was interviewed by the first author of this article at a detention center in the southern city of Tainan, Taiwan, in September 2006, she was forty-three. At that time, she had been married to a Taiwanese man (...) for five years and had successfully obtained a permit for employment at a factory, earning NT$27,000 a month for working ten hours a day. However, before having obtained the work permit, Lin managed to find jobs in informal sectors as a cleaner, a care worker, and a stall vendor’s helper, earning NT$15,000 a month. By the time of our interview, Lin had gone to work at a brothel because she could not put up with her husband anymore. Lin’s husband is twenty years older than she is and, as she described their relationship, the huge age gap makes communication between the couple difficult. They fought often and fiercely. During those fights, Lin’s husband would threaten to divorce her and to not renew her application for residency, which would result in her immediate deportation to China. This did happen once when Lin’s husband refused to renew her work permit. As a result, Lin overstayed her visa and lost her job at the factory. Being thus unemployed, Lin had to dip into her savings and risked going into debt. Her dire financial situation caused her anxiety. Losing the regular income provided by her factory job meant not only having nothing to live on but also being unable to send money back home to China. Given that her marriage failed to provide her the work permit she needed, Lin wanted to leave her husband Mei-Hua Chen and Hong-zen Wang 259 and “go out” for her own good. When asked what she thinks of the stigma attached to commercial sex, Lin replied, “I need to be able to feed myself first. But if you don’t have a work permit and a job, it [sex work] is the only way out. So, I thought I would do it.” She continued: “Once I had the money, I would be able to run a small business such as a noodle stall or selling steam dumplings.” Lin Ping’s stories serve to sketch out the interconnectedness between cross-border sex work and cross-border marriage. As her experiences show, cross-border sex work and marriage tend to overlap in certain spheres; however, they are more often than not conceptualized as two separate institutions. Both are grouped under already dichotomized migratory categories such as marriage migrants and economic migrants, real marriage and fake marriage, legal workers and workers without permits, and legal and illegal migrants, etc. Such dichotomization downplays the fact that many marriage migrants, like economic migrants, invest great economic interests in cross-border marriages; it also downplays the fact that migrant sex workers might also be involved in having intimate relationships with someone. Apart from the entanglement of monetary exchange and intimacy, cross-border marriage and cross-border sex work are also parts of a global intimate economy in which the Global North appropriates southern women’s reproductive and intimate labor. Seen in this light, it becomes urgent to theorize how women from the South manage to survive in the global intimate economy by shifting between cross-border marriage and cross-border sex work in the North. Admittedly, such a Global North-and-South framework fits awkwardly when it comes to understanding Taiwan’s situation because economic development is the sole barometer used to define the North and the South, and economically, Taiwan should be in the North camp. Politically, however, due to the majority of nations not recognizing its sovereignty, Taiwan is much more peripheral than most southern countries, let alone China. Therefore, compared to countries in Southeast Asia, Taiwan is economically North but politically South. This semi-peripheral position in the North-South framework, in our view, makes Taiwan a unique case to theorize the global intimate economy. As a tactic... (shrink)

However liberalism is best understood, liberals typically seek to defend a wide range of liberty. Since same-sex marriage [henceforth: SSM] prohibitions limit the liberty of citizens, there is at least some reason to suppose that they are inconsistent with liberal commitments. But some have argued that it is the recognition of SSM—not its prohibition—that conflicts with liberalism’s commitments. I refer to the thesis that recognition of SSM is illiberal as “The Charge.” As a sympathetic liberal, I take The Charge (...) seriously enough to consider and ultimately reject it. Ultimately, I contend that The Charge is simply misguided and that arguments for it either fail to find support in some liberal principle or else find support from some illiberal principle. (shrink)

In the footsteps of Betty Mahmoody's book Not Without My Daughter, a raft of other western women wrote books about their mixed marriages with men from other continents. The men are mainly orientals. All these women have seen their marriages fail. Although most of them admit they made a wrong choice, they do not necessarily portray their former husbands as unreliable characters and themselves as heroines. The life stories cannot be read from such a narrow perspective. These authors should take (...) credit for supplying valuable information about family life in oriental culture, as well as the dynamics of cross-cultural marriages. (shrink)

The “new natural lawyers” (NNLs) are a prolific group of philosophers, theologians, and political theorists that includes John Finnis, Robert George, Patrick Lee, Gerard Bradley, and Germain Grisez, among others. These thinkers have devoted themselves to developing and defending a traditional sexual ethic according to which homosexual sexual acts are immoral per se and marriage ought to remain an exclusively heterosexual institution. The sterility objection holds that the NNLs are guilty of making an arbitrary and irrational distinction between same-sex (...) couples and sterile heterosexual couples. The NNLs believe that it is a necessary condition for two people’s being morally and legally entitled to get married that they be able to perform sexual acts that are “suited to procreating.” But sterile heterosexual couples are incapable of performing such acts. Therefore, it should follow from the NNLs’ own premises that sterile heterosexual couples are not entitled to marry. But the NNLs do not draw this conclusion. Instead, they maintain that sterile heterosexuals can marry while denying that the same is true of same-sex couples. The sterility objection claims the NNLs are being inconsistent in treating the two kinds of couples differently. Although the sterility objection has been endorsed by recent critics, I don’t think it has yet been adequately defended. The NNLs have responded by arguing that there is a sense in which the sex acts of sterile heterosexual couples are as suited to reproduction as those of fertile heterosexuals. Thus they maintain that the distinction they draw between the two kinds of couple has a rational basis. A successful defense of the sterility objection must show that this response on the part of the NNLs fails. Such is the task I undertake in this paper. I argue that the NNLs’ response fails because acts of penile-vaginal intercourse between sterile heterosexuals lack the actual causal power to produce conception that sexual acts need to be considered truly reproductive, and because their assumption that penile-vaginal intercourse always functions reproductively is bad biology. (shrink)

There is an obvious, perhaps even trite, argument against getting married which deserves our attention. Reduced to a crude sketch, the argument is simply that, most of us view the prospect of being married in the absence of mutual love with something like horror or at least great antipathy; the mutual love between us and our spouse existing at the inception of our marriage may very well fail to persist; and hence when we marry we are putting ourselves in (...) the position of quite possibly ending up in a loveless marriage of the sort we acknowledge to be undesirable, and this is a mistake. (shrink)

This paper replies to two arguments against marriage presented by Dan Moller (Philosophy 78, 2003: 79–91). One of Moller's arguments examines several ways in which the marriage promise could be explained, and shows that none of them is viable. The other argument suggests that marriage may not be a worthwhile enterprise since marriages frequently fail, in that they become loveless or end up in divorce. I argue that the marriage promise can be explained in a way (...) unconsidered by Moller, which renders the promise viable; and that notwithstanding the failure of many marriages, it still is, for some people, a worthwhile enterprise. (shrink)

In “Confucianism and Same-Sex Marriage,” published recently in Politics and Religion, Professor Tongdong Bai argues for a “moderate Confucian position on same-sex marriage,” one that supports its legalization and yet endeavors “to use public opinion and social and political policies to encourage heterosexual marriages, and to prevent same-sex marriages from becoming the majority form of marriages” (Bai 2021:146). Against the backdrop of downright homophobia prevalent among vocal Confucians in mainland China today, Bai claims that his pro-legalization rendition “show[s] (...) a different version of Confucianism that challenges the received perception of Confucianism that it is deeply conservative, a perception that often lies at the core of the rejection of its contemporary relevance, especially by the so-called ‘liberals’ in China and elsewhere” (Bai 2021:133). Furthermore, Bai claims that his moderate Confucianism is normatively preferrable to “the typical liberal or individualist position” of a marriage equality supporter, because the specter of polygamy – the conservative trope of invoking polygamy as a reductio ad absurdum against same-sex marriage – imposes “a serious challenge” to liberals but not to moderate Confucians (Bai 2021:146, 153). -/- Both of Bai’s claims falter upon scrutiny, however. Granted, it is applaudable that Bai tries to dissuade his more conservative Confucian colleagues from opposing the legalization of same-sex marriage. But as Section 1 of this Response will show, the alternative rendition of Confucianism he presents, along with the way he presents it, is premised on a highly contested conception of what shared Confucian values are; does injustice to Confucians who embrace marriage equality more unreservedly (i.e., without caveats à la Bai); fails to produce new arguments that “enrich the theoretical basis for same-sex marriage” (Bai 2021:133); and, ironically, reinforces – rather than “challenges” – the “received perception” of Confucianism as deeply conservative. Meanwhile, Section 2 will show that Bai’s comparison between liberalism and moderate Confucianism relies both upon an apparent unfamiliarity with the extensive and nuanced liberal discussions on polygamy, and upon fallacious methods of assessing comparative normative valence. -/- Finally, Section 3 will offer some concluding thoughts from the perspective of decolonial theory, examining the dynamic of spectacularized postcoloniality that propels the production and consumption of dubious theoretical projects like Bai’s. As it turns out, this case serves not only as a cautionary tale of how not to conduct comparative normative theorizing, but also as a cautionary tale of how not to let the spectacle of postcoloniality derail the pursuit of academic decolonization. (shrink)

Evolutionary theory predicts that humans should avoid incest because of the negative effects incest has on individual reproduction: production of defective offspring. Selection for the avoidance of close-kin mating has apparently resulted in a psychological mechanism that promotes voluntary incest avoidance. Most human societies are thought to have rules regulating incest. If incest is avoided, why are social rules constructed to regulate it? This target article suggests that incest rules do not exist primarily to regulate close-kin mating but to regulate (...) inbreeding between more distant kin and sexual relations between affinal relatives. Three evolutionary hypotheses about cousin marriage and affinal kin mating follow from this suggestion: Rules regulating mating between affinal kin are means of paternity protection. Cousin marriage is regulated because, if it occurs, it can concentrate wealth and power within families to the detriment of the powerful positions of rulers in stratified societies and the relatively equal social statuses of most men in egalitarian societies. Tests using the comparative method on a worldwide sample of 129 societies supported the three hypotheses. Two alternative anthropological hypotheses failed to be supported. (shrink)

This essay analyzes the coherency and reasonableness of legal restrictions against same-sex marriage. The population of focus is transgender individuals and their partners. Focusing on trans-marriage makes clear that the restriction of marriage to one man and one woman is misguided in that the law rests on the assumption that the categories of sex and gender comprise two disjoint, exhaustive, and unambiguous groupings. The primary argument here is not that the restrictions of same-sex marriage are harmful (...) to certain transpersons who participate in legal marriage, although they certainly are, but rather that this legal restriction fails to meet the minimum requirements of any reasonable law. This analysis compares the current marriage restriction and its reliance on the above mentioned false belief with judgments of the Race Classification Appeal Board of Apartheid era South Africa. I employ two actual cases and the legal philosophy of Lon L. Fuller in my argument. (shrink)

There are two passages in which the poet introduces a full moon to accentuate a particular aspect of a scene in his narrative; 1.1228–33 and 4.166–71. I shall concentrate on the second. Commentators have contributed various suggestions but failed to understand the specific erotic-nuptial connotation of the full moon. The same applies to the more specialized contributions of Drogemiiller and Rose. I shall first present the evidence for the nuptial associations of the full moon, then apply this idea to (...) the Apollonian passages, especially 4.166–71, and finally add a remark about the special effect obtained by Apollonius here in relation to an Homeric passage. (shrink)

Late last year the Constitutional Court of South Africa decided that the exclusion of same-sex couples from the common law definition of marriage and the statutory marriage formula was unconstitutional as it violated the rights of such couples to equality. The Court suspended the declaration of invalidity for one year to allow Parliament to enact new legislation to correct the defects, failing which certain words would be read into the legislation to accommodate same-sex marriage. A single judge (...) dissented on the issue of remedy, finding that the Court should have developed the common law to include same-sex couples within the definition of marriage and read the necessary wording into the legislation with immediate effect. The decision is the culmination of a legal struggle by gays and lesbians for recognition of their relationships and the protection of their rights. While the scope of the right to marry may have been extended, the rights of domestic partners lag behind, often to the detriment of women in these relationships. (shrink)

Feminists have noted the injustice of the institution of marriage and the asymmetric power dynamics within gender-structured marriages. Recently, feminists have found an unexpected supporter of this struggle against marriage in some liberal political theorists. I argue that this new wave of interest in the wrongness of marriage within liberalism reveals shortcomings from a feminist perspective. While some liberals fail to realise that instead of being disestablished, the institution of marriage should be radically reformed, others do (...) not recognise that such a reform should be theorised by starting from our non-idealised conditions of gender inequality and from an analysis of how the institution of marriage intersects with other spheres of gender injustice. This article provides recommendations for the radical reform of marriage by following some methodological premises of feminist theory. To illustrate how the reform of marriage should be theorised, it focuses on the intersection between the sphere of gender injustice represented by immigration and that of marriage. (shrink)

This article explores the influence of marriage on the health choices and status of 30 British Asian mothers in Leicester, UK. While marriage was firmly on the agenda of earlier research on health, it is no longer seen as important due to changes in family formations. Studies that do exist are mainly quantitative in focus. While these are useful, they fail to thoroughly explore women’s social circumstances and also tend to over-generalize, often under-representing ethnic minority women within their (...) research. Taking a qualitative approach and focusing on women from an ethnic minority group, this article aims to explore the influence of marriage and social context on women’s health. The article will show that for many women marriage still matters regarding their health; its effects are diverse, socially embedded and change over time. (shrink)

This paper argues that polygamous marriage should be decriminalized only if certain conditions are met: (1) every party involved is able to enter and exit the marriage at all times, (2) governments promote social norms that respect equality of every sex, and (3) children’s well-being is protected. Four objections against the legalization of polygamy are examined and criticized. First, the structural inequality objection – polygamy should be illegal because the structure of polygamous marriage is inherently inegalitarian. Second, (...) the bargaining inequality objection – polygamy should be illegal because, in inegalitarian liberal societies, it is more likely that those who choose to be the peripheral spouse in polygamous marriage would decide from unequal bargaining positions. Third, the male-dominated norms objection – polygamy should be illegal because, in social contexts where polygyny is much more popular than polyandry, legalizing polygamy would boost inequality between males and females. Fourth, the children’s well-being objection – polygamy should be illegal because it would likely inflict harm on children. I argue that these four objections fail to justify the criminalization of polygamy. Instead, polygamy should be legal under certain conditions that are not as demanding as polygamy’s critics propose. (shrink)

According to Nicholas Wolterstorff’s analysis, the biblical view of justice defends the inherent natural rights of the most vulnerable minorities. As homosexuals are such a vulnerable minority, he argues that church and state ought to recognize same-sex marriage. My aim is to critique Wolterstorff’s argument for failing to apply his own theory and to acknowledge the natural rights of children, who are the most vulnerable persons involved. By ignoring the natural law emphasis on the natural structures of marriage, (...) such as gender complementarity, he ends up undermining children’s natural right to know and be reared by their biological parents. (shrink)

ABSTRACTEighteenth-century events, replete with Dickensian dualities, brought two Enlightenment families to America. Pierre-Samuel du Pont and Joseph Priestley contemplated relocating their families decades before immigrating. After arriving, they discovered deficiencies in education and chemistry. Their experiences were indicative of the challenges in transmitting transatlantic chemistry. The Priestleys were primed to found an American chemical legacy. Science connected Priestley to British manufacturers, Continental chemists, and American statesmen. Priestley's marriage into the Wilkinson ironmaster dynasty, and Lunar Society membership, helped his sons (...) apprentice, and befriend manufacturer-chemist Thomas Cooper. However, ideological persecution forced them from England. Priestley's plans for his sons to inherit Wilkinson's ironworks evaporated; in America, efforts to establish manufactories, colonies, farms, and a college miscarried. Cooper taught college chemistry, but his materialism provoked dismissals. The Du Ponts were unlikely founders of an industrial-chemistry empire. Du Pont's philosophy promulgated that agriculture, not industry, produced wealth. Eleuthère-Irénée apprenticed in France's gunpowder administration, however, plans for his succession died and director Antoine Lavoisier, a family friend, was executed. E.-I. and Du Pont's arrest precipitated relocation to America. Du Pont's utopian colony and schemes proved unrealistic. Nevertheless, E.-I.'s gunpowder manufactory—utilizing transatlantic contacts and privileged knowledge of advanced French chemistry—succeeded through practical application. (shrink)

Following the U.K. Labour government commitment to marriage in the 1998 Green Paper ‘Supporting Families’, Barlow and Duncan produced a robust critique calling for ‘realism’ in recognising that many couples are now choosing not to marry, that too many do not make informed decisions as to whether to marry or not and that, on the basis of their survey, over 40% of respondents believed that some form of family law protection would be available to them, despite their lack of (...) marital status. When added to a concern that economically vulnerable cohabiting women do not receive adequate protection in property law, it seemed all too obvious that the government commitment to marriage should be challenged. In fact, government policy does seem to have shifted somewhat when, partly as a tactical manoeuvre to help the passage of the Civil Partnership Act 2004 and specifically recognising concerns with the needs of economically vulnerable parties, the issue was referred to the Law Commission for England and Wales. This places the ‘realism’ arguments firmly within the reform agenda. However, this article argues that there is a need to look more closely at the arguments used by the ‘realists’, in particular at the evocation of the figure of Mrs. Burns. The more contemporary case of Oxley v. Hiscock is used to both raise questions about the socio-economic profiles of cohabitants, as well to question the presentation of property law as failing women (and family law as offering the protection they need). I argue that feminists should take a cautious approach in relation to the seemingly compelling argument that cohabitants will benefit from the extension of aspects of marriage law to cover property issues at the end of a relationship. (shrink)

Wedding vows seem to be promises. So they go: I promise to love, honour, and cherish .... But this poses a problem. Divorce is not widely seen as a serious moral wrong, but breaking a promise is. I first consider, and defend against preliminary objections, a ‘hard-line’ response: divorce is indeed prima facie impermissible promise-breaking. I next consider the ‘hardship’ response—the hardship of failed marriages overrides the prima facie duty to keep promises. However, this would release promisors in far (...) too many cases. I resolve the triad by considering the content of the vows. Vows concerning love are not promises at all. We cannot promise to do acts the performance of which is outside our control, and love involves states of mind outside our control. Vows concerning spousal roles are complicated by diverse social understandings of marriage and the centrality of emotion to the roles. (shrink)

People's opinions toward polygamy were examined in a study of 1369 adults who were current or former members of the Church of Jesus Christ of Latter-day Saints. Questions addressed several areas: polygamy and the law, respondents' perceptions of polygamous women, the potential link between legalizing gay marriage and legalizing polygamy, polygamists' reliance on social welfare programs, and the ability of teens raised in polygamy to leave that lifestyle. Consistent with the contact hypothesis, multiple regression analyses showed that people who (...) knew a polygamist held more favorable opinions of polygamy. Polygamists, men, infrequent church attenders, and older people also tended to hold more favorable opinions of polygamy. Educational attainment showed weak associations with opinions, while marital status failed to predict opinions toward polygamy. (shrink)

Polygamy is a highly controversial topic and the object of serious political contestation in Indonesia. Although all major Muslim organizations consider polygamy is allowed under Islamic Law, the practice is not without stigma. In 1974 when Indonesia adopted its current Marriage Law, the Indonesian parliament decided to tie polygamy to strict conditions. This law however failed to prevent the practice of unregistered polygamous marriages. Women in unregistered polygamous marriages formally hold no rights as lawful wife in case of (...) a divorce or death of the husband. The question is what arrangements the second, third or fourth wife in unregistered polygamous marriages have made with their husband in view of the lack of legal recognition of their rights as wife. What are the consequences of non-recognition of their marriage for these women? Does legal insecurity in practice also mean economic and social insecurity? Does the husband fulfill his obligations and responsibilities towards his wives and their families? This article aims at answering those questions by looking in-depth at a selection of three case studies, which were collected during a total of nine months of research in Jakarta in 2015 and 2016. This article is part of the socio-legal domain, combining legal analysis with anthropological approaches. The starting point of the research is a legal one: the disadvantaged legal position of women whose polygamous marriage has not been registered, but a large part of the research is based on anthropological methods. Through the experiences of these women the paper will reveal a range of personal reasons and underlying causes for unregistered Islamic polygamous marriages as well as their consequences–including legal ones. The paper will depict a great diversity in legal reasoning, socio-economic considerations, religious reflections and daily life dilemmas of these individual women living in unregistered polygamous marriages. (shrink)

Serious gender-based crimes were committed against women and girls during Sierra Leone’s decade-long armed conflict. This article examines how the Special Court for Sierra Leone has approached these crimes in its first four judgments. The June 20, 2007 trial judgment in the Armed Forces Revolutionary Council case assists international criminal law’s limited understanding of the crime against humanity of forced marriage, but also collapses evidence of that crime into the war crime of outrages upon personal dignity. The February 22, (...) 2008 appeals judgment attempts to correct this misstep. In contrast, the August 2, 2007 trial judgment in the Civil Defence Forces case is virtually silent on crimes committed against women and girls, although the May 28, 2008 appeals judgment attempts to partially redress this silence. This article concludes that the four judgments, considered together, raise the specter that the Special Court could potentially fail to make a significant progressive contribution to gender-sensitive transitional justice. (shrink)

How has feminism failed lesbianism? What issues belong at the top of a lesbian and gay political agenda? This book answers both questions by examining what lesbian and gay subordination really amounts to. Calhoun argues that lesbians and gays aren't just socially and politically disadvantaged. The closet displaces lesbians and gays from visible citizenship, and both law and cultural norms deny lesbians and gay men a private sphere of romance, marriage, and the family.

When someone is poised to fail to fulfil a moral duty, we can respond in a variety of ways. We might remind them of their duty, or seek to persuade them through argument. Or we might intervene forcibly to ensure that they act in accordance with their duty. Some duties appear to be such that the duty-bearer can be liable to forcible interference when this is necessary to ensure that they comply with them. We’ll call duties that carry such liabilities (...) enforcement-apt. Not all duties seem to be enforcement-apt. Some, for example, accept that a person in a monogamous marriage has a moral duty to refrain from infidelity, but deny that a spouse can be compelled to comply with their duty to be faithful without transgressing her rights. More controversially, some think that our duties to assist others in severe need are not enforcement-apt. What could explain the contrast between duties that are enforcement-apt while and those that are not? We’ll call this the puzzle of enforceability and our paper considers three broad strategies for responding to it. The first strategy takes the form of identifying some substantive feature or features that are necessary and/or sufficient for a duty to possess some enforcement status. We consider a range of candidate explanations of this sort but find that none are plausible. The second strategy rejects the idea that there are genuinely enforcement-inapt duties and instead seeks to explain why there can nonetheless be marked differences amongst duties concerning how they can be enforced and who can enforce them. We find that this strategy too is largely unsuccessful. The third strategy offered seeks an explanation of differences in enforcement status by appeal to the broader social costs of enforcing certain kinds of duties. We find that this approach holds some promise but note that it requires adopting a controversial set of moral commitments. We conclude by considering our options in the absence of a solution to our puzzle. (shrink)

All contentious moral issues--from gay marriage to abortion and affirmative action--raise difficult questions about the justification of moral beliefs. How can we be justified in holding on to our own moral beliefs while recognizing that other intelligent people feel quite differently and that many moral beliefs are distorted by self-interest and by corrupt cultures? Even when almost everyone agrees--e.g. that experimental surgery without consent is immoral--can we know that such beliefs are true? If so, how? These profound questions lead (...) to fundamental issues about the nature of morality, language, metaphysics, justification, and knowledge. They also have tremendous practical importance in handling controversial moral questions in health care ethics, politics, law, and education. Sinnott-Armstrong here provides an extensive overview of these difficult subjects, looking at a wide variety of questions, including: Are any moral beliefs true? Are any justified? What is justified belief? The second half of the book explores various moral theories that have grappled with these issues, such as naturalism, normativism, intuitionism, and coherentism, all of which are attempts to answer moral skepticism. Sinnott-Armstrong argues that all these approaches fail to rule out moral nihilism--the view that nothing is really morally wrong or right, bad or good. Then he develops his own novel theory,--"moderate Pyrrhonian moral skepticism"--which concludes that some moral beliefs can be justified out of a modest contrast class but no moral beliefs can be justified out of an extreme contrast class. While explaining this original position and criticizing alternatives, Sinnott-Armstrong provides a wide-ranging survey of the epistemology of moral beliefs. (shrink)

Many discussions of J. S. Mill's concept of liberty focus too narrowly on On Liberty and fail to acknowledge that his treatment of related issues elsewhere may modify its leading doctrines. Mill and Paternalism demonstrates how a contextual reading suggests that in Principles of Political Economy, and also his writings on Ireland, India and on domestic issues like land reform, Mill proposed a substantially more interventionist account of the state than On Liberty seems to imply. This helps to explain Mill's (...) sympathies for socialism after 1848, as well as his Malthusianism and feminism, which, in conjunction with Harriet Taylor's views, are central to his later discussions of the family and marriage. Feminism, indeed, is shown to provide the answer to the problem which most agitated Mill, overpopulation. Thus Gregory Claeys sheds new lights on many of Mill's overarching preoccupations, including the theory of liberty at the heart of On Liberty. (shrink)

A 78 year old married woman with progressive Alzheimer's disease was admitted to a local hospital with pneumonia and other medical problems. She recognized no one and had been incontinent for about a year. Despite aggressive treatment, the pneumonia failed to resolve and it seemed increasingly likely that this admission was to be for terminal care. The patient's husband (who had been taking care of her in their home) began requesting that the doctors be less aggressive in her treatment (...) and, as the days wore on, he became more and more insistent that they scale back their aggressive care. The physicians were reluctant to do so, due to the small but real chance that the patient could survive to discharge. But her husband was her only remaining family, so he was the logical proxy decisionmaker. Multiple conferences ensued, and finally a conference with a social worker revealed that the husband had recently proposed marriage to the couple's housekeeper and she had accepted. (shrink)

Introduction Paul Boshears The following excerpt from Paul Amitai's In Between States: Field notes and speculations on postwar landscapes (2012) confounds its reader. Presenting an alternate history of the State of Israel as a space station orbiting Earth, the excitement of possibilities crackles across the texts and images. Like Chris Marker's La Jeteé , the accompanying static images distort the viewer's temporality: are these archaeological items, images from a past, or a future? Why isn't this our future? In Between States (...) can also be seen as complementing Larissa Sansour's provocative science fiction works, Space Exodus (2009) which "documents" the Palestinian space program, and her Nation Estate (2012), in which Palestine is relocated into a skyscraper. Amitai's vision opens onto an intergalactic diaspora, wherein the refugees of World War II are given the stars as Western Europe continues to fight over terrestial colonies. —PFB Auditorium, Hoechst AG headquarters, Industriepark-Höchst, 2011. In 1941 an investigation by the US Justice Department exposed a marriage cartel between John D. Rockefeller’s Standard Oil (now ExxonMobil) and I.G. Farben. The two corporations had formed a joint operation in 1927 called Standard IG Farben. It was revealed that the two had shared patents in order to control prices and markets in their respective regions. Standard was accused of hiding patents from the US Navy and supplying fuel to German submarines, which lead to charges of criminal conspiracy. The Pentagon intervened, requesting that President Roosevelt stop the investigation in order to protect war production and oil supply. Roosevelt agreed, and the Senate committee investigating the matter, headed by Senator Harry Truman, was halted. Standard Oil paid a fine of $5000 and promised to stop supplying fuel to the enemies. Auditorium, Hoechst AG headquarters, Industriepark-Höchst, 2011. Furious at the decision to terminate the investigation of acts he considered treason, Truman initiated a new inquiry into Standard Oil’s war-time practices after succeeding Roosevelt as president in 1945. With the chief executives of I.G Farben simultaneously on trial at Nuremburg, Truman brokered a deal with the Allies that reduced or withdrew criminal charges leveled against both corporations in exchange for Standard Oil and I.G. Farben’s sponsorship of one of Truman’s most ambitious postwar projects—the relocation of the Jewish people. Detail, Sanofi-Aventis advertisement, 2011. The third critical player in this bold experiment was the nascent North Atlantic Space Agency. Formed by Allied forces using the seized assets and engineering expertise of Hitler’s hitherto classified space program (conquer Earth, then the stars), the North Atlantic Space Agency was a pre-NATO foray into interstellar nation building, with orbital occupation as the first point of order. By 1947, NASA was nearly ready to deploy the first manned space station. Standard Oil and I.G. Farben’s advanced fuel refinement capacities and deep, war-enriched financial resources allowed NASA to speed up their launch schedule significantly. Detail, Sanofi-Aventis advertisement, 2011. Diplomatic efforts to establish a Jewish homeland in Palestine were failing to gain traction, while post-colonial England held its ground on immigration restrictions and bands of Jews and Arabs battled over territory on the ground. More immediate was the issue of temporarily housing Holocaust survivors and refugees across scorched Europe. Leaders of the continental nations demonstrated, at best, reluctance to accommodate the Jews, who in turn were, at the least, resistant to returning to the same bloody cocktail from which they had fled. Truman used the impasse to advance a plan for NASA’s space station to be put to use as a temporary Jewish outpost, an orbital displaced persons camp, to be operated by the US Army. Detail, Infaserv Höchst advertisement, 2011. Final preparations advanced rapidly. Viewing the orbital displaced persons (ODP) camp as a solution to their immigration problem both at home and abroad, England came on board as a willing partner. Spaceship Exodus was positioned for takeoff on German farmland 20 kilometers southwest of Frankfurt. On December 30, 1947, one month after the UN General Assembly voted down the separation plan for Palestine, Exodus rocketed into the atmosphere hauling the first module of barracks designed to house 1,500 refugees. Transport vehicles arrived shortly thereafter, loaded down with leftover wartime military rations and 3,000 Jews of Russian and Polish origin. Detail, Infaserv Höchst advertisement, 2011. "The camp is the space that is opened when the state of exception begins to become the rule."—Giorgio Agamben, Homo Sacer , trans. Daniel Heller-Roazen, (Stanford: Stanford University Press, 1995), 96. Detail, Infaserv Höchst advertisement, 2011. The ODP camp proved to be a longer-term solution than originally envisioned. Additional installations were positioned to form swollen clusters of interlocking units – sleeping quarters, schools, clinics, canteens. The UN was brought in to monitor the camp following two chaotic years of US Army control in which food shortages, pandemic diseases, and rampant black market trade had brought the camp to near total collapse. No less bureaucratic or ineffectual, the UN relief agency at least had prior experience facilitating contexts of a similar magnitude and could potentially predict outcomes. Detail, Infaserv Höchst advertisement, 2011. What had been unexpected was the degree to which the camp would evolve into its own self-regulated, hive-like ecosystem where previously accepted rules of conduct were not applicable. The ODP camp was an exceptional space, a riverboat casino, an offshore research lab of social experimentation and entrepreneurial innovation. No longer Earth-bound, touching soil knotted by prescripts of Talmudic law, the camp residents were able to rationalize loopholes and detonate barriers standing in the way of absolute production. The Jewish archipelago was renamed Israel after the ancient homeland. If the temple couldn’t be rebuilt in the motherland, a post-national rhizome would sprout up in its stead. Eyes everywhere, beyond all borders. More information on the project at the author's site. (shrink)

Resumen Este ensayo analiza la manera tan negativa en que Emilia Pardo Bazán representa al matrimonio en Los pazos de Ulloa. Se intenta mostrar que el escepticismo de la autora, al presentar esta institución social como un proyecto fallido, constituye una protesta feminista contra la soflama masculina hegemónica del siglo xix, que aceptaba como válido únicamente el vínculo conyugal bendecido por la Iglesia y/o sancionado por el Estado. Con este objetivo, se estudian algunos factores que afectaban las relaciones maritales de (...) las mujeres de aquella época, tales como la percepción que se tenía de la mujer—como agente civilizador y como inductora del mal—, las expectativas sociales de la mujer casadera y casada, el alto valor atribuido a la virginidad prenupcial y a la maternidad, la doble moral en el ejercicio de la sexualidad, la subordinación de la mujer al hombre y la violencia doméstica física y mental. Palabras clave: Los pazos de Ulloa, Emilia Pardo Bazán, virginidad, maternidad, matrimonio, civilización y barbarie.In this essay, I analyze Emilia Pardo Bazán's negative portrait of marriage in The House of Ulloa. I attempt to show that the author's skepticism of this social institution, which she presents as a failed project, is a feminist protest against the 19thcentury hegemonic masculine discourse that considered Catholic marriage and/or legal marriage as the only acceptable forms of a conjugal bond. With that intention, I comment on several key factors that affected women’s marital relationships at that time. For example, the dual perception of women both as civilizing agents and as a temptation to sin and subsequent perdition, the social expectations from a maiden and from a married woman, the high value attributed to prenuptial virginity and of maternity, the double standards for men and women in the expression of their sexuality, the subordination of women to men, and domestic physical and mental violence, among other. Key words: Los pazos de Ulloa, The House of Ulloa, Emilia Pardo Bazán, virginity, maternity, marriage, civilization and barbarism\e. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Misquotations from RealityAnn Lauterbach (bio)In the girdle of Aphrodite, in the crown, in the body of Helen and her phantom, beauty is superimposed over necessity, cloaking it in deceit. The necessary has a certain splendor, and behind any splendor one senses a metallic coldness, as though of a weapon poised to strike. The real split in Greek consciousness, like all other irreversible steps it took, comes when Plato for (...) the first time affirms, ‘How very different is the nature of the necessary from the nature of the good.’ And he means an immense, an unbridgeable distance—the same distance that made atheists of ‘those who study astronomy and other sciences of the necessary, when they see that what is, is so out of necessity and not out of any plan conceived by some will to accomplish the good.’ The Beautiful, in this scenario, must either be quickly reabsorbed into the Good—as its agent, instrument, and pedagogue—or left up in the air, like a malignant spell (goeteuma) bewitching the mind only to subject it even more helplessly to the fiat of necessity.—Roberto Calasso, The Marriage of Cadmus and Harmonyl. The Stranger’s HandOnce at the circus, when I was young we were strolling around in a throng of clowns and cotton candy, bright sun, I looked up to find that the hand I was holding was that of a stranger.Just before dawn, ejected from sleep, I am unraveled into another condition.The place between these two conditions is complex and difficult, a peculiar suspension between two exclusive frames for which there is no dialogue box. The familiar crosses into the unfamiliar and back again.What separates works of art from the fallible empirical world is not their higher degree of perfection but their ability to actualize themselves in a brilliant and expressive appearance just like fireworks. 1Fireworks! Temporality construed as ephemeral vision.And so: In every work of art something appears that does not exist. 2And so: The question of the truth of art comes into view when a non-existent is seen to rise as if it were real. In terms of its form, art promises what is not real. Objectively, it raises the claim, however obliquely this may come out, that just because something appears, it [End Page 143] must be possible to imbue it with being. The unquenchable longing excited by the beautiful is the longing for the fulfillment of a promise. 3The promise of meaning.One of my students writes, “We deem beautiful that which offers meaning to our meaningless lives.”I failed to draw a map and you followed it perfectly because the word for ‘cannot’ inscribes itself here to define an atmosphere of absolute trust which both fastens and unfastens us. 4Day unblooms into insatiable prerogatives vetoedsustained in their august sudden ramifications as if saying soEvery frame is danger and security. Poems that interest me are poems that show me how to proceed, not where to go or what to look at. They assuage the panic of the Stranger’s Hand by awakening curiosity rather than fear. The poem attests to the mobility of the frame, not to the totality of the picture.Thus the grip of realism has found a picture chosen to cover the space occupied by another picture establishing a flexibility so we are not immobile like a car that spends its night outside a window, but mobile like a spirit. 5* * * but we were not, we are not shadows; as we walk, heel and sole leave our sandal-prints in the sand, though the wounded heel treads lightly and more lightly follow, the purple sandals. 6 [End Page 144]2. The Real ThingA poet too has constantly to ask himself: “but is what I am writing really true?”—and this does not necessarily mean: “Is this how it happens in reality?” 7I do not remember when or why I became interested in looking at the ways in which notions of the truth and notions of the real had become blurred. Perhaps in the slogans of advertising. Perhaps it was the political discourse around the Vietnam... (shrink)

New Threats to Freedom In the twentieth century, free people faced a number of mortal threats,ranging from despotism, fascism, and communism to the looming menace of global terrorism. While the struggle against some of these overt dangers continues, some insidious new threats seem to have slipped past our intellectual defenses. These often unchallenged threats are quietly eroding our hard-won freedoms and, in some cases, are widely accepted as beneficial. In New Threats to Freedom, editor and author Adam Bellow has assembled (...) an all-star lineup of innovative thinkers to challenge these insidious new threats. Some leap into already raging debates on issues such as Sharia law in the West, the rise of transnationalism, and the regulatory state. Others turn their attention to less obvious threats, such as the dogma of fairness, the failed promises of the blogosphere, and the triumph of behavioral psychology. These threats are very real and very urgent, yet this collection avoids projecting an air of doom and gloom. Rather, it provides a blueprint for intellectual resistance so that modern defenders of liberty may better understand their enemies, more effectively fight to preserve the meaning of freedom, and more surely carry its light to a new generation. What are the new threats to freedom? when has authority not claimed, when imposing trammels and curbs on liberty, that it does so for a wider good and a greater happiness?” —Christopher Hitchens “The regulatory state amounts to a regressive tax that penalizes small independent producers and protects the status quo.” —Max Borders “Europe tends to favor stability over democracy, America democracy over stability.” —Daniel Hannan “The value of free expression is perceived to be at odds with goals that were considered ‘more important,’ like inclusiveness, diversity, nondiscrimination, and tolerance.” —Greg Lukianoff “The masses cannot ultimately be free: only the individual can be.” —Robert D. Kaplan “That old bugbear of postwar sociology—the mob-self—is now a reality. In a participatory/popularity culture, the freedom to think and act for ourselves becomes harder and harder to achieve.” —Lee Siegel “As traditional marriage declines, the ranks of single women are growing, and increasingly these women are substituting the security of a husband with the security of the state.” —Jessica Gavora “Ending the freedom to fail is a mean-spirited attack on the freedom to succeed.” —Michael Goodwin “The only solution to the new threats to American press freedom lies in organized resistance.” —Katherine Mangu-Ward “The new behaviorism isn’t interested in protecting people’s freedom to choose; on the contrary, its core principle is the idea that only by allowing an expert elite to limit choice can individuals learn to break their bad habits.” —Christine Rosen “There’s a world of Travis Bickles out there, and they’re not driving cabs. They’re reading blogs.” —Ron Rosenbaum “The first amendment ensures not that speech will be fair, but that it will be free. It cannot be both.” —David Mamet Join the conversation about these issues at www.newthreatstofreedom.com. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Intersection of Heidegger's Philosophy and His Politics as Reflected in the Views of His Contemporaries at the University of FreiburgRichard DetschThere has been so much speculation in the last ten years or more about the reasons for and the extent of Heidegger's involvement in the Nazi movement that another attempt to come to grips with this important problem might seem superfluous. Amidst the weighty arguments advanced in what (...) has become a multitude of treatises and tomes, however, there has thus far been little interest in dealing with Heidegger's simple statement in his Spiegel interview that he was moved by the "confusion of opinions... from 22 parties... to adopt a political stance that was national and above all social."1 If we suspend our suspicion for the moment that Heidegger is here again manipulating the facts to fit his postwar predicament, as has been amply demonstrated [End Page 407] regarding other details, and examine the evidence we will find that there are indeed indications of the predominance of Heidegger's social concerns with respect to the political situation of the early '30s as well as of his leaning toward an authoritarian form of government an inclination shared, to be sure, by a significantly large number of his compatriots, academic and otherwise. There is one approach in particular toward answering the question of why Heidegger became a Nazi which the present attempt hopes to put in question: the emphasis on his abandonment of his Christian religious origins. The following statement by Theodore Kisiel expresses this line of reasoning most succinctly: "It will take a decade, but it will be not just an anti-Catholic, nor an anti-Christian, but the full-blown anti-religious attitude of the German Geist ripened from German Idealism that sweeps Heidegger into National Socialism, with all the romantic fervor of another religious conversion."2 John Caputo argues, based on the work of Kisiel and van Buren, that the Heidegger of the early twenties was drawing from two "equiprimordial" sources, "the Aristotelian and the Christian." "It was only in the 1930's, in the period of Heidegger's active political engagement with National Socialism, that the twofold root of the tradition was pruned to a single root... a Great Greek beginning from which everything Jewish and Christian, everything Roman, Latin, and Romance, was to be excluded as fallen, derivative, distortive, and inauthentic."3 This shift in perspective, this rejection by Heidegger of earlier Christian impulses in his work led to "fatal" lapses in the ethical realm: "... by leaving behind Kierkegaard and Luther... and by treating Aristotle as a fading echo of the primordially early Greek, Heidegger left the question of Being in a state of utter mystification about ethico-political matters, about the matter of our concrete responsibilities to one another."4 David Farrell Krell makes this lack of respect for and attention to the "other" the centerpiece of an entire study attempting to show Heidegger's propensity for the inhuman ideology of Nazism.5 These arguments derive perhaps from the rhetorical question posed by the Freiburg historian Hugo Ott in 1988: "Didn't this pseudo-religious expectation of salvation [through the mission of the Führer] conceal a monstrous hubris, wasn't the thinking of Heidegger in its radically contained, i.e., in its elementary [End Page 408] simplicity really a surrogate for the Christian view of life thrown overboard?"6 The problem with all such arguments is that "the Christian view of life" did not prevent others of a background similar to Heidegger's from an enthusiastic acceptance of Nazism without an abandonment of their religious faith. In this regard, let the case of Engelbert Krebs, Heidegger's one-time friend and mentor, the Jesuit priest who officiated at his marriage ceremony, serve as an example. Ott deals with Krebs fairly extensively in his Heidegger biography, stressing Krebs's chagrin when Heidegger turned his back on the Catholic Church, but fails to mention at all the enthusiasm for the Nazi movement that Krebs shared with his former friend.During his tenure as dean of the Theological Faculty at the University of Freiburg, Krebs delivered an address in a university lecture... (shrink)

In societies with a non-elementary degree of complexity, we find institutions, social roles, promises, marriages, corporations, enterprises, and the large variety of what we can label “social objects”. On the one hand, we commonly speak and think of such entities as if they existed on a par with entities such as tables and persons. On the other hand, there is a clear link between what people think and how people behave and the social domain. We argue that the widespread “reductionist” (...) approach in social ontology fails to account for both those aspects of social reality, and put forward a new approach. The main idea is that a particular kind of social objects, namely documents – and more generally records of social acts – are the ground of social reality. The fundamental difference from the reductionist approach is that the content of collective intentions will turn out to be not so important in accounting for the ontological variety of complex social realities such as ours. (shrink)

The following is excerpted from Sean Gurd’s translation of Euripides’ Hippolytus published with Uitgeverij this year. Though he was judged “most tragic” in the generation after his death, though more copies and fragments of his plays have survived than of any other tragedian, and though his Orestes became the most widely performed tragedy in Greco-Roman Antiquity, during his lifetime his success was only moderate, and to him his career may have felt more like a failure. He was regularly selected to (...) have his plays performed in the annual festival of Dionysus at Athens. But the plays were performed in a competition, and in the competitions he lost and lost, winning first place only five times in a career that spanned more than forty years. His corpus reads like the remains of a life spent trying to get a few things right and never being quite satisfied: scenes and schematized combinations of elements recur again and again, each time slightly changed. Hippolytus itself is an example: it contains two scenes in which a sick or dying character lies on a couch or a stretcher and is surrounded by silence and grief; he had experimented with such scenes in Alcestis, and would work with them again in Herakles and Orestes. Nor, judging from appearances, was he immune to the desire to score a hit, or to satisfy the audiences and the judges at the competition. Hippolytus is a rewrite of another Hippolytus, performed several years earlier, which scandalized the audience and certainly did not take first place. In that earlier Hippolytus (called by later writers Hippolytus Veiled), Euripides fashioned a Phaedra who was neither ashamed of loving her stepson nor incapable of taking steps to satisfy her desire. The forwardness of her approach to Hippolytus so outraged him that he covered his head with a robe (hence the play’s later title). Euripides liked to write energetic and self-confident women like this. He staged his Medea in 431, just three years before he revised Hippolytus, and in it the jilted title character murders her children in revenge for Jason’s new marriage to a more politically advantageous wife. Another flop: the play came in third of three. Evidently the judges did not like their women showing agency, especially when the consequences were transgressive. “The ornament of women,” wrote another great Athenian a little earlier, “is silence.”i Euripides’ Medea and his first Phaedra had other decorations. So three years after Medea crashed and burned and some time after the first Hippolytus suffered the same fate, he produced another Hippolytus play with a different setting and story. How could this one not have been a reaction to the failure of the first? “Second thoughts are always better,” he has one of his characters say, as though he were offering an apology for his first thoughts on the same story. In this new version, Phaedra is suicidally ashamed of her love, choosing to die rather than have it discovered, and willing to bring down her beloved Hippolytus in the service of the same end. Now it is Phaedra herself who covers her head in shock and horror at her desire. Only an intermediary, a slave of the house and an old crone with her fingers in all sorts of illicit pots, communicates Phaedra’s secret – against orders – and in consequence brings about the demise of two resolutely moral figures. It worked. For his tale of two well-born nobles with an unswerving commitment to moral action, destroyed by the meddling of a slave (and by the hostility of some particularly uncaring divinities), the judges crowned Euripides winner. It was the first time he had won, after almost thirty years of work. *** What Hippolytus wants more than anything else, as he protests with outrage just before leaving Trozen for the last time, is the benefit of due process – oaths, witnesses, an investigation that would reveal who really lusted after whom. Ironic, given that in the first Hippolytus, as far as we can make out, he did get a trial – but too late, and Theseus’ successful processing of Hippolytus failed to prevent his death. I cannot help hearing in the second Hippolytus’ complaints the anger of his authorial semblable who lost year after year by a process of judging that might have seemed brutal to him. Judges took no cognizance of how he worked, how long or hard or why; they just voted, and Euripides lost. But then I hear, in the fate of the first Hippolytus, an even grimmer commentary. Processed or not, we lose. We run aground. At the very least, this might cast a darker shadow on the business of watching or reading a play: in that twilight, things move too fast to make a fair assessment and, in any case, the reasonably high definition of what you see and hear belies the truth of indistinction, the multiplicities just below the surface. Watching is a constrained activity, a form of captivity, but reading is plastic. This translation was begun to supply the script for an audio version of the play, recorded in the spring of 2012, and here and there it sacrifices literalness for sayability and the voices and passions of the actors on that occasion. But it was finished to be read, and engineered to create a reading caught between the poles of specificity and non-specificity that the play itself conjures and relies on at its generative core. Thus two texts: the one clear, perhaps overprecise, respectably modern in its presentation, and the other ancient, a reasonable approximation of the classical reading process, and indistinct in vital ways. Like early modern dramatic texts, the exact provenance and original function of the scripts that have made it down to us are unknown. We do know that the ultimate survival of Hippolytus was thanks to its wide-spread use as a school text. But its relation to the first performance in 428 BCE is a matter only of speculation. Euripides presumably had a fair copy before production began; it was probably modified during rehearsals. The actors may have had copies, too (probably the young men who served in the chorus did not). The chor?gos, a wealthy Athenian who paid for the production, might have been presented with or just made sure to get his hands on a high-quality text, to commemorate the play’s success. Fans might have been able to buy copies. Any one of these sources might have provided the ultimate progenitor of our text. Several of them might have, in fact, if later editors compared and conflated traditions. The plays toured extensively in the Greek-speaking world, and were restaged as repertoire for centuries afterwards. In the process they were subjected to enough modifications by producers and actors that in the later fourth century the Athenian statesman Lycurgus had a law passed prohibiting performances at Athens from deviating from the official “city” text of the tragedies (which he had commissioned). It is unlikely that the city text was the last word; but it marks an important moment in Athens’ role in their dissemination, since after this the major sites of textual curatorship moved overseas, to Alexandria, Pergamum, Rome, Antioch, Constantinople. Any single text of any single play is thus no more than a moment of clarity and stability, crossed and subtended by multiple vectors of change, including that of textual flux (from Euripides’ first drafts to the latest printed text) and that of Euripides’ life work as a writer, in the light of which the Hippolytus is just one attempt to produce something exactly right, to win the prize or finally satisfy himself or prove to himself that all this longing for perfection was a waste of time. I am intrigued by the possibility that a single text might somehow serve as a lens onto this wider zone of indistinction, representing a small region clearly but nonetheless containing a blurred image of the whole, like a Leibnizian monad. After all, no text is a witness: it is, rather, a perception and a performance, and what every Hippolytus must perform is the awkward overlay of singular and plural, social practise and subliminal drive, that structures the tragedy. Modern critical editions can do this by juxtaposing a (relatively) clean and simple text with a textual apparatus reporting variants and theorizing the relationship between textual instantiations. A translation lacks the resolution to catch the fine variations which feed into the construction of an apparatus. But there are other means to hand. Guessing at the exact words of the original text is always just that – guessing – though Hippolytus is less problematic than plays like Iphigenia at Aulis. But we can make a pretty secure guess at what such a text looked like. Texts read by fifth-century readers were fundamentally different from what is presented in the best medieval MSS and printed in modern publications. The texts of Euripides’ time and for many centuries afterwards did not indicate word division with spaces (or by any other means) and were extremely sparing in punctuation, often avoiding it altogether. There was only one “case” of letters – what we call “capitals.” Musical sections were inscribed as though they were prose, without line endings to reflect their rhythm or their rhetorical structure. There was no indication of the speakers within a dramatic text, either. The earliest surviving dramatic texts, which come from over a century after Euripides’ death and a time which was much more elaborate and precise in its textual culture, indicated speaker-change with a little line or paragraphos below the line and a double-point [:] at its end. This convention almost certainly does not date back to Euripides’ own time; it may not even date to Lycurgus. In any case, such indications were understood to be readers’ marks: they did not have the same authority as the text and they were subject to readers’ revisions. At least ideationally, if not in concrete and distinguishable fact, a dramatic text was understood as containing no indication of speaker-change (and certainly none of who was saying what). The reader had to figure that out for him-/herself. The clear, legible, easy texts we are accustomed to reading are the fabrications of medieval and modern reading cultures. The first text, then, presents the translation as the text would have been in the mid-fourth century, perhaps decades after Euripides’ death. The second text processes Hippolytus, makes sense of it and makes it “readable.” That is: too distinct, dangerously so. It gets in your way, conjures fantoms, tries to make you see. Fragments of the Hippolytus Veiled, otherwise almost entirely lost, are juxtaposed with similar passages in the text – not to suggest a reconstruction, but a dialogue and a complex set of reassessments. I have not tried to represent the full variety of textual variants, but I have signalled where, for one reason or another, the text is soft and different editions propose excisions or changes. The two texts must be read together: you, reader, form the bridge between the distinctly seen and the indistinct invisible. You, in the end, will be its mask. *** illsandhateddiseaseswhatcanidoforyouwhatshouldinotdohereisthelightandthebrightairyoursickbedisnowout s idethehouseyoureverywordwastocomeherebutyouwillrushbacktoyourbedroomagainyoufadequicklyyoudelig htinnothingyoudislikewhatyouhaveyoulovewhatyoudontitsbettertobesickthantendthesickthefirstissimpleto the secondattachesheartspainandhandsworkeveryhumanlifeispainfulthereisnoendtotoildarknesshidesbehindclo udswhateverisdearerthanlifeweproveunhappyloversofwhatshineshereforlackofknowledgeofanotherlifethere isnoproofforthingsbeneaththeearthonlystoriessustainus liftmybodystraightenmyheadthebondsofmylimbsareloosenedtakemyhandsandmypalearmsthishatistooheavy formyheadtoweartakeitoffspreadmyhairovermyshoulders couragechilddonttossandturnsoviolentlyyouwillbearyoursicknessmoreeasilywithpeaceandanoblemindallmort alssuffer aiaiiwanttodrinkpurewaterfromadewyspringiwanttoliebackandrestunderthetreesinsomegrassymeadowchildw hycrydontsaythesethingsnearthecrowdhurlingwordsmountedonmadness sendmetothemountainiwillgototheforestwherebeastkillingdogspressthespotteddeergodsilongtoshouttothedo gstoshootthethessalianjavelinpastmyblondhairtoholdthebarbeddartinmyhandwhythisanxietychildwhatdoyouc areabouthuntingwhydoyoulustforflowingspringstheresahillwithwaterjustnexttothetowerwecangetyouadrinkt h ereartemismistressofthesaltlakeandthecoursethunderingwithhorseshoovesiwishiwereonyourplainsbreakings t uds whythrowthesefrenziedwordsaboutjustnowyouweresettingoutforthemountaintohuntandnowyoulongforhorses onthewavelesssand thesethingsneedanoracletotellwhichgodreinsyouinanddrivesyoufromyoursenseschild whathaveidonehowfarhaveibeendrivenfromgoodthoughtsiwascrazyiwascursedbysomepowerpheupheualasn ursecovermyheadagainimashamedofwhativesaidcovermeatearmovesdownfrommyeyeanditembarrassesm eithurtstostraightenourmindanditisterribletobeinsanebesttodiebeforeyoubecomelucidagain illcoveryoubutwhenwilldeathcovermeimoldivelearnedalotmortalsshoulddrinkoffriendshipmoderatelynotfrom th edeepestmarrowofthesoulamindslovecharmsshouldbeeasytoundoorthrustawayortiemoretightlyitisaverydiffic ultweightforonesoultolaborovertwopeopleasiamwrackedbypainforhertoomuchdisciplinecausesmoreharmthan pleasureandwarswithhealthipraisetoomuchlessthannothinginexcessandthewiseagreewithme *** Scene 1 Enter Phaedra and the Nurse; the former is recumbent on a couch while the latter bustles about her with gestures that might be those of a caregiver or a guard. NURSE Ills and hated diseases! What can I do for you? What should I not do? Here is the light, and the bright air; your sick bed is now outside the house. Your every word was to come here, but you will rush back to your bedroom again. You fade quickly. You delight in nothing. You dislike what you have. You love what you don’t. It’s better to be sick than tend the sick – the first is simple. To the second attaches heart’s pain and hand’s work. Every human life is painful. There is no end to toil. Darkness hides behind clouds whatever is dearer than life. We prove unhappy lovers of what shines here for lack of knowledge of another life. There is no proof for things beneath the earth. Only stories sustain us. PHAEDRA Lift my body, straighten my head: the bonds of my limbs are loosened. Take my hands and my pale arms. This hat is too heavy for my head to wear. Take it off, spread my hair over my shoulders. NURSE Courage, child; don’t toss and turn so violently. You will bear your sickness more easily with peace and a noble mind. All mortals suffer. PHAEDRA Aiai. I want to drink pure water from a dewy spring. I want to lie back and rest under the trees in some grassy meadow. NURSE Child, why cry? Don’t say these things near the crowd, hurling words mounted on madness. PHAEDRA Send me to the mountain. I will go to the forest where beast-killing dogs press the spotted deer. Gods! I long to shout to the dogs, to shoot the Thessalian javelin past my blond hair, to hold the barbed dart in my hand. NURSE Why this anxiety, child? What do you care about hunting? Why do you lust for flowing springs? There’s a hill with water just next to the tower; we can get you a drink there. PHAEDRA Artemis, mistress of the salt lake and the course thundering with horse’s hooves: I wish I were on your plains breaking studs! NURSE Why throw these frenzied words about? Just now you were setting out for the mountain to hunt – and now you long for horses on the waveless sand. These things need an oracle to tell which god reins you in and drives you from your senses, child. PHAEDRA What have I done? How far have I been driven from good thoughts? I was crazy, I was cursed by some power. Pheu pheu. Alas. Nurse, cover my head again. I’m ashamed of what I’ve said. Cover me – a tear moves down from my eye and it embarrasses me. It hurts to straighten your mind and it is terrible to be insane. Best to die before you become lucid again. NURSE I’ll cover you. But when will death cover me? I’m old; I’ve learned a lot. Mortals should drink of friendship moderately, not from the deepest marrow of the soul. A mind’s love-charms should be easy to undo, or thrust away, or tie more tightly. It is a very difficult weight for one soul to labor over two people, as I am wracked by pain for her. Too much discipline causes more harm than pleasure and wars with health. I praise “too much” less than “nothing in excess,” and the wise agree with me. ***. (shrink)

This contribution analyses the ancient Greek notion of eunomia in the philosophical prose literature of the fourth century BC. While the term eunomia is often translated as ‘good government’ or ‘good order’, such vague translations fail to capture the specifics of eunomia, and thus part of the philosophical debate about constitutions is lost. Closer inspection reveals that within the fourth-century constitutional debate, eunomia entails two distinct aspects: the excellence of the laws and their durability. These two aspects are predicated of (...) various constitutions: the mixed constitution, of which Sparta and Crete are primary examples in the fourth century; the Athenian democracy as a paradigm of law-abidingness; and philosophical constitutions aiming at virtue. It is a hallmark of the last that such law codes start from marriage and childbirth and follow the course of human life. (shrink)

Performative Utterances: Seven Puzzles It was John Austin who introduced the word "performative" into the philosophy of language and linguistics. His original idea was that there are utterances which are more correctly characterized as doing something rather than stating something. Austin wrote: "when I say ‘I do’, I am not reporting on a marriage, I am indulging in it." As is well known, Austin went on to work out this notion of a performative utterance in a number of directions, (...) but in the end the attempt to isolate performatives from constatives failed dramatically, and the idea of viewing language use in terms of the performative-constative dichotomy gave way to the study of speech acts: "The total speech act in the total speech situation is the only actual phenomena which, in the last resort, we are engaged in elucidating." But giving up the performative-constative distinction does not mean giving up theorizing about performatives, and there is a cottage industry in the theory of language devoted to them. We identify seven puzzles for theorizing about performatives. We consider how Austin might have dealt with some of them. Finding his answers problematic, we then survey recent theories of performatives and zoom in on the major contenders, identifying one theory in particular for scrutiny and seeing how it fares with the seven puzzles. The upshot is that there is still work to be done understanding performatives. (shrink)

The view that social kinds (e.g., money, migrant, marriage) are mind-dependent is a prominent one in the social ontology literature. However, in addition to the claim that social kinds are mind-dependent, it is often asserted that social kinds are not real because they are mind-dependent. Call this view social kind anti-realism. To defend their view, social kind anti-realists must accomplish two tasks. First, they must identify a dependence relation that obtains between social kinds and our mental states. Call this (...) the Dependence Task. Second, they must show that social kinds are not real because they are mind-dependent. Call this the Anti-Realist Task. In this paper, I consider several different ways of defining the relation that is supposed to obtain between social kinds and our mental states. With respect to each relation, I argue that either it fails to accomplish the Dependence Task, or it fails to accomplish the Anti-Realist Task. As such, anyone who wishes to defend social kind anti-realism must provide an alternative explanation of how social kinds depend on our mental states in a way that impugns their reality. In the absence of such an explanation, there is no reason to endorse social kind anti-realism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 45, no. 1. © 2019 by Feminist Studies, Inc. 253 Sonja Thomas The Women’s Wall in Kerala, India, and Brahmanical Patriarchy On January 1, 2019, a human chain of women, between three and five million strong and 385 miles long, gathered to protest the barring of menstruating women from entering Sabarimala Temple in Kerala, India. The so-called Women’s Wall received widespread news coverage; in the United States, (...) NPR, the BBC, the Washington Post, and the New York Times all had stories on it. Debra Messing, Kerry Washington, and Rose McGowan tweeted about it. As a scholar of caste, gender, and religion in Kerala, India, I watched the news and international attention with a good deal of interest and a bit of unease about how the intersections of casteism and patriarchy (brahmanical patriarchy) were glossed over in the reporting. The issues surrounding the Women’s Wall reveal the ways in which certain groups invest in the protection of brahmanical patriarchal power; a power that is reflected in political tensions between the Kerala state and the Indian central government that may come to a head in the upcoming Lok Sabha elections. Casteism and religious divides in Kerala are rarely discussed in depth because Kerala is largely seen as a progressive state, with a 94 percent literacy rate. Other development indicators also point to the assumption that Kerala is exceptional: low infant mortality rates, low maternal mortality rates, low fertility rates, and a population where there are more women than men. Kerala is seen as secular because there is a large number of both Christian and Muslim religious minorities. In 1957, 254 News and Views Kerala made history by democratically electing a communist government and initiating a set of far-reaching (although not all-encompassing) land distribution policies. The state is seen as transgender friendly with a transgender beauty pageant and support for trans surgery. The “feminist ” Women’s Wall protest fits in quite neatly within the dominant narrative that Kerala is exceptional, progressive, and thus a model for other Indian states and for countries in the Global South to follow. However, even as “progressive” Kerala is celebrated today, it is not clear that women in the state are necessarily as empowered as commonly believed. The state has some of the highest rates of violent crime in the nation and violence against women is widespread.1 Kerala’s suicide rates are two times the national average, and Kerala leads all other states in India in the number of family murder/suicides.2 Women are vastly underrepresented in politics.3 Although women are educated, the female workforce participation rate is one of the lowest in India.4 There is evidence to suggest that educated, nonworking women are using their education toward securing a better marriage match rather than for employment or empowerment.5 Kerala has a history of extremely repressive caste practices. This area of India once not only practiced untouchability, but what is known as “distance pollution.” A Dalit (the most oppressed caste in the caste hierarchy) was not allowed within sixty feet of a Brahmin (the most privileged caste), and the mere shadow of a Dalit falling upon a dominant-caste person could result in a Dalit’s death.6 Dalit Bahujans were prohibited 1. See Swapna Mukhopadhyay, ed., The Enigma of the Kerala Woman: A Failed Promise of Literacy (New Delhi: Social Science Press, 2007). 2. Jocelyn Lim Chua, In Pursuit of the Good Life: Aspiration and Suicide in Globalizing South India (Berkeley: University of California Press, 2014). 3. J. Devika and Binitha V. Thampi, New Lamps for Old? Gender Paradoxes of Political Decentralisation in Kerala (New Delhi: Zubaan: 2012). 4. Praveena Kodoth and Mridul Eapen, “Looking Beyond Gender Parity: Gender Inequities of Some Dimensions of Well-Being in Kerala,” Economic and Political Weekly 40, no. 30 (2005): 3278. 5. Sonja Thomas, “Education as Empowerment? Gender and the Human Right to Education in Postcolonial India,” in Human Rights in Postcolonial India, ed. Om Prakash Dwivedi and V. G. Julie Rajan (New York: Routledge, 2016), 82; Ritty A. Lukose, Liberalization’s Children: Gender, Youth, and Consumer Citizenship in Globalizing India (Durham, NC: Duke University Press, 2009), 104. 6... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:“Homo-Ness” and the Fear of FemininityPatrick Paul Garlinger (bio)Leo Bersani. Homos. Cambridge: Harvard UP, 1995.Homos is a disturbing book, in the most literal sense of the word, for Leo Bersani’s goal throughout much of his text is precisely to disturb some of the widely accepted precepts of queer theory and gender performativity. As if the title alone were not enough to signal the text’s contestatory tone, the first sentence (...) of the prologue boldly declares that “no one wants to be called a homosexual” [1]. While many scholars might disagree with such an overwhelming generalization (myself included), it nonetheless reminds us that homosexuality continues to occupy an ambiguous position within contemporary society, an ambiguity perhaps most powerfully punctuated by the recent failure of gays and lesbians to secure legal access to the institution of marriage. In the first three chapters, Bersani interrogates topics such as gay identity, AIDS, queer theory, and sadomasochism. In the final chapter, “The Gay Outlaw,” he addresses the literary representation of homosexuality through radical rereadings of Gide, Proust, and Genet. Although no one single thesis coherently unites these chapters, a healthy spirit of suspicion begs the thorny question of what it means to be gay, and in so doing, explores the tenability of identity politics. Rejecting a politics of opposition that would bind our theorizations to the very heteronormative paradigms that they are attempting to resist, Bersani argues instead for ways to “explore the links between a specific sexuality, psychic mobility, and a potentially radical politics” [56].Identity, for Bersani (and other critics following Foucault), is an operation of power, a “disciplinary project” that is a tool at the service of identification and containment [3]. 1 Seen as essentialist, universalizing, or ontological, identity has received a bad rap. Indeed, the notion of a sexual identity as a fixed category invariably fails in its performative capacity to capture the myriad array of sexual acts that a given individual may feel compelled to perform. The failure of identity, however, should not lead to its elimination from our theoretical frameworks, Bersani proposes. He claims instead that the critique of identity in feminist and queer theory is ultimately destructive rather than liberating. At the [End Page 57] source of this dismissal of identity is the fear that visibility will result in “discipline and punishment,” but Bersani argues quite convincingly that this retreat from the domain of the visible colludes with the homophobic goal of eliminating homosexuality. On the other hand, Bersani acknowledges that identity and visibility are not wholly benevolent either: “[o]nce we agreed to be seen, we agreed to be policed” [12]. Visibility allows for domination and even annihilation, a possibility that Bersani considers in his discussion of AIDS, in which visibility can be seen as providing straight America with a front-row seat at the spectacle of gay death [21]. Nevertheless, that is a risk that must be taken. While not proposing a return to regulatory identity categories, Bersani wants to return to a gay specificity to prevent gays and lesbians from “performing” themselves out of existence. Responding to David Halperin and Judith Butler, for example, he argues that the rejection of essentializing identities as a mode of resisting homophobia erases the very agent of that resistance [56]. Fearful that the attacks on the notion of identity in the academy have simply collaborated in the marginalization of homosexuality, Homos attempts to offer “homo-ness” as an “anti-identitarian identity” [101], one that risks the pitfalls of essentialism and simultaneously transcends the limits of sexual orientation.Nowhere is his desire to rethink identity more clear than in his trenchant critique of the dismantling of gender by critics such as Butler, Monique Wittig, and Michael Warner. Suspicious of their deconstructive strategies, he argues that the undoing of the categories of gender inevitably leads to the elimination of homosexuality. The critique of gender in discussions of sexuality endangers any specificity that same-sex sexuality might have. For example, he writes, “‘men’ and ‘women’ in Wittig’s radical argument are political creations designed to give a biological mandate to social arrangements in which one group of human beings oppresses another” [38]. Within the social domain of... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:preface This issue of Feminist Studies explores the ways institutions—legal, governmental, medical, educational, and household—participate in the gendering of bodies and are themselves gendered. At any given historical moment, dominant and resistant meanings of “women,” “gender,” and “sexuality” are socially and politically constituted in institutions through cultural struggles. The authors in this issue discuss how birth control, assisted reproduction, transsexual transition, hegemonic masculinity, abortion, and domestic violence are each (...) articulated and contested in imperial law and economic discourses (Sreenivas), in medical procedures (Whitehead et al. and DasGupta), in university research regulations (Barnes and Munsch), and in the official practices of presidents (Mattingly ). Our authors elucidate how such institutions are gendered, not just in terms of staffing by males, females, and nongender conforming people, but also in the ways they constitute gender relations in their everyday operations. The articles point to the continuing need for institutional histories and ethnographies that are feminist in conception and design. They also provide openings into more progressive gender and sexuality politics by underscoring the contradictions within all institutions. Mytheli Sreenivas’s “Birth Control in the Shadow of Empire: The Trials of Annie Besant, 1877–1878” visits the contradictory history of institutions of reproduction control. She traces Besant’s contraception advocacy in the 1870s, reminding us of its intimate and unsavory entanglements with the politics of empire. Annie Besant is a complicated figure. South Asianists familiar with her later campaign against British colonialism in India might well be surprised by this earlier incarnation, but Sreenivas demonstrates how and why the early Besant held contradictory positions. As an individual, Besant questioned gender norms and challenged the inequality of women in marriage and divorce. She recognized sexual desire as “natural” (albeit only properly expressed via heterosexual marriage). Yet a signature feature of her political writing 504Preface was an embrace of neo-Malthusianism. Over the course of her activist life, Besant redirected her attention from poverty and women’s health in Britain to contraception as the solution to starvation and overpopulation in India. She did so in “a broader context in which a defense of empire and class-race hierarchy enjoyed far greater legitimacy than a critique of gender and sexual norms.” The repercussions of her actions were global: “Besant’s efforts rendered contraception into a sexual technology that claimed to address the economies of impoverishment in an emerging imperial world. Birth control thus emerged as both an imperial responsibility and as a demonstration of British humanitarianism in support of starving colonized populations.” Sreenivas explicates what the Besant trials reveal about the multiple histories of reproduction control and the conditions under which birth control continues to be both a technology for large-scale population control and “a vehicle for women’s reproductive freedom and gender justice.” Institutions are saturated with power, but they are also arenas where political struggles between different social groups are staged. This is especially evident in White House politics in the United States. In the late 1970s, President Jimmy Carter appointed a large number of women to bureaucratic offices. Many were feminists. Why did they fail to deliver gender justice? This is the puzzle Doreen J. Mattingly seeks to answer in “The Limited Power of Female Appointments: Abortion and Domestic Violence Policy in the Carter Administration.” The article is set in the broader context of a moment in history when the US feminist movement was moving from the streets to state bureaucracies, when women of color had broadened the movement’s mandate, and when the need for government programs to support poor women was a clearly articulated feminist goal. There was an excitement about transforming gender relations as feminists populated multiple organizations and came together to collaborate. However, two important legislative efforts—government funding for abortions for poor women and a national anti-domestic violence bill—failed. Mattingly traces the back and forth between Carter and his Assistant Secretary for Public Liaison, Margaret “Midge” Costanza, drawing on new archival sources. Mattingly’s article underscores how women in public office can be discursively valorized as symbols of change even while politically powerful men oppose meaningful policy that would provide women greater autonomy over their reproductive or violently transgressed bodies. Mattingly’s careful reconstruction... (shrink)