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Card, Claudia. Gay Divorce: Thoughts on the Legal Regulation of Marriage
2007, Hypatia, 22 (1): 24-38.
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Added by: Rochelle DuFord
Abstract: Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.

Comment: This text is very accessible and poses a unique problem for the legal regulation of romantic relationships. This text would fit well in a class that discusses sexual relations, violence, marriage, love, or justice (as Card directly discusses Rawls' Theory of Justice). Further, it would make a nice addition to a course that discusses justice for LGBT persons, as Card argues that there are more pressing legal and political issues that LGBT communities ought to agitate in favor of.

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Detlefsen, Karen. Custom Freedom and Equality: Mary Astell on marriage and women’s education
2016, In Penny Weiss & Alice Sowaal (eds.), Feminist Interpretations of Mary Astell. Pennsylvania State University Press, 74-92.
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Added by: Benjamin Goldberg
Abstract: Whatever may be said about contemporary feminists' evaluation of Descartes' role in the history of feminism, Mary Astell herself believed that Descartes' philosophy held tremendous promise for women. His urging all people to eschew the tyranny of custom and authority in order to uncover the knowledge that could be found in each one of our unsexed souls potentially offered women a great deal of intellectual and personal freedom and power. Certainly Astell often read Descartes in this way, and Astell herself has been interpreted as a feminist - indeed, as the first English feminist. But a close look at Astell's and Descartes' theories of reason, and the role of authority in knowledge formation as well as in their philosophies of education, show that there are subtle yet crucial divergences in their thought - divergences which force us to temper our evaluation of Astell as a feminist. My first task is to evaluate Astell's views on custom and authority in knowledge formation and education by comparing her ideas with those of Descartes. While it is true that Astell seems to share Descartes' wariness of custom and authority, a careful reading of her work shows that the wariness extends only as far as the tyranny of custom over individual intellectual development. It does not extend to a wariness about social and institutional customs and authority (including, perhaps most crucially, the institution of marriage as we see in her Reflection on Marriage). The reason for this is that Astell's driving goal is to help women to come to know God's plan for women - both in their roles as human and in their roles as women. According to Astell, while it is true that, as individuals, women must develop their rational capacities to the fullest in order to honor God and his plan for women as human, as members of social institutions, including the institution of marriage, women must subordinate themselves to men, including their husbands, in this case so as to honor God and his plan for women as women. Once we understand the theological underpinnings of her equivocal reaction to authority and custom, we can see that Astell may be considered a feminist in a very tempered way. My second task is to use these initial conclusions to re-read her proposal for single-sexed education that we find in A Serious Proposal to the Ladies. It is true that Astell encourages women to join single-sexed educational institutions for the unique and empowering friendships that women can develop in such institutions. Still, my argument continues, the development of such friendships is not entirely an end in itself. Rather, Astell encourages women to develop such friendships such that they can re-enter the broader world armed with the tools that will help them endure burdensome features of the lives that await them in the world, including their lives as subordinated wives - burdens that Astell does not, in principle, challenge.

Comment: This is a useful paper for understanding how an early modern woman (Astell) understood the implications of Descartes' work for women, on the subject of marriage. It would be very useful in undergraduate courses that explore the social implications of early modern philosophy, as well as more advanced courses on early modern philosophy more generally.

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Liberto, Hallie. The Problem with Sexual Promises
2017, Ethics, 127(2): 383-414.
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Added by: Emma Holmes, David MacDonald, Yichi Zhang, and Samuel Dando-Moore
Abstract: I first distinguish promises with positive sexual content (e.g., promises to perform sexual acts) and promises with negative sexual content (e.g., promises to refrain from sexual acts—as one does when making monogamy promises). I argue that sexual content—even positive sexual content—does not cause a promise to misfire. However, the content of some successful promises is such that a promisee ought not to accept the promise, and, if she does accept, she ought then to release her promisor from the promise. I argue that both positive and negative sexual promises have content of this kind.

Comment (from this Blueprint): Liberto argues that promises to have sex, and promises not to have sex, are a special type of promise that it is morally wrong to make. She does this by first arguing why promises to have sex are “overextensive”. This means that sexual promises promise something too important: sex. After she concludes that promises to have sex are overextensive she spends the second half of the paper arguing why promises not to have sex (i.e. monogmany promises) are not disanalogous to promises to have sex, and thus are also overextensive.

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