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Cudd, Ann E.. Enforced Pregnancy, Rape, and the Image of Woman
1990, Philosophical Studies, 60 (1-2): 47-59.
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Added by: Rochelle DuFord
Summary: In this essay, Cudd argues that enforced pregnancy constitutes a group harm against women, harming even women who are not forced to carry a fetus to term against their will. In this essay, she develops a theoy of group harm, arguing that forced pregnancy constitutes a similar sort of group harm as rape. Ultimately, she claims that both rape and enforced pregnancy constitute a group harm via degredation of a class (women) and an individual harm via the individual negative effects caused by enforced pregnancy.
Comment: This text serves as a good introduction to the idea of a group harm. Further, it would fit well in a class that covers the ethics of sex, sexual violence, pregnancy, or abortion. If you plan to utilize this reading in the context of a biomedical ethics course covering abortion, it would be helpful to have first covered other classical readings on the topic (Marquis and Thomson, at least).
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Debra Jackson. An Examination of Racialized Assumptions in Antirape Discourse
2003, Studies in Practical Philosophy: A Journal of Ethical and Political Philosophy 3.
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Added by: Clotilde Torregrossa, Contributed by: Corbin Covington
Abstract: In this paper it is argued that contemporary conceptualisation of rape obscure the real but often unexamined connections between racism and sexual assault. Indeed, women of color are more likely to be victimised by sexual assault than white women. They are also less likely to report their assault, less likely to be believed and less likely to participate in the anti rape movement. This suggests that the racial factor should be involved in any discussion on sexual assault.
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Jenkins Ichikawa, Jonathan. Presupposition and Consent
2020, Feminist Philosophy Quarterly. 6(4).
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Added by: Emma Holmes, David MacDonald, Yichi Zhang, and Samuel Dando-Moore
Abstract: I argue that “consent” language presupposes that the contemplated action is or would be at someone else’s behest. When one does something for another reason—for example, when one elects independently to do something, or when one accepts an invitation to do something—it is linguistically inappropriate to describe the actor as “consenting” to it; but it is also inappropriate to describe them as “not consenting” to it. A consequence of this idea is that “consent” is poorly suited to play its canonical central role in contemporary sexual ethics. But this does not mean that nonconsensual sex can be morally permissible. Consent language, I’ll suggest, carries the conventional presupposition that that which is or might be consented to is at someone else’s behest. One implication will be a new kind of support for feminist critiques of consent theory in sexual ethics.
Comment (from this Blueprint): Here Ichikawa argues that the language of "consent" to sex presupposes that there is a 'requester' who asks for sex and a 'consenter' who then replies yes or no. Ichikawa argues that this reinforces sexist norms of how sex works.
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Miller, Sarah Clark. Moral Injury and Relational Harm: Analyzing Rape in Darfur
2009, Journal of Social Philosophy, 40 (4): 504-523.
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Added by: Rochelle DuFord
Abstract: Rather than focusing on the legal and political questions that surround genocidal rape, in this paper I treat a vital area of inquiry that has received much less attention: the moral significance of genocidal rape. My aim is to augment existing moral accounts of rape in order to address the specific contexts of genocidal rape. I move beyond understanding rape primarily as a violation of an individual's interests or agential abilities. The account I offer builds on these approaches (as well as on a pluralist approach), by arguing that rape, as a moral injury, negatively affects the very human dignity of victims. My account also emphasizes the relational harm that marks genocidal rape.
Comment: This paper offers a compelling argument about the harm of rape as a means of inflicting genocidal violence, via an analysis of the widespread rapes in Darfur. While the text does not concern itself with the legal aspects of rape as a crime against humanity, it would lend itself well to a course concerning crimes against humanity, international criminal law, or the ethics of war. Additionally, it could be taught within the context of a course that discusses what sort of harm rape constitutes.
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Pineau, Lois. Date Rape: A Feminist Analysis
1989, Law and Philosophy 8 (2): 217-243.
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Added by: Rochelle DuFord
Abstract: This paper shows how the mythology surrounding rape enters into a criterion of reasonableness which operates through the legal system to make women vulnerable to unscrupulous victimization. It explores the possibility for changes in legal procedures and presumptions that would better serve women's interests and leave them less vulnerable to sexual violence. This requires that we reformulate the criterion of consent in terms of what is reasonable from a woman's point of view.
Comment: This text provides an overview of the the legal status of "date rape" in the US. It would fit well in a class covering the idea of mens rea and/or actus reus - such as a class on philosophy of law. It would also be of use in a class covering the concept of consent, rape and sexual violence, or the meaning of being 'reasonable.'
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