Content: A relatively short but very illuminating discussion of the application of two key metrics (social primary goods and capabilities) to the issue of gender injustice in non-ideal circumstances.
Objectification
Introduction: Sexual objectification is a familiar concept. Once a relatively technical term in feminist theory, associated in particular with the work of Catharine MacKinnon and Andrea Dworkin, the word “objectification” has by now passed into many people’s daily lives. It is common to hear it used to criticize advertisements, films, and other representations, and also to express skepticism about the attitudes and intentions of one person to another, or of oneself to someone else. Generally it is used as a pejorative term, connoting a way of speaking, thinking, and acting that the speaker finds morally or socially objectionable, usually, though not always, in the sexual realm. Thus, Catharine MacKinnon writes of pornography, “Admiration of natural physical beauty becomes objectification. Harmlessness becomes harm.”‘ The portrayal of women “dehumanized as sexual objects, things, or commodities” is, in fact, the first category of pornographic material made actionable under MacKinnon and Dworkin’s proposed Minneapolis ordinance.2 The same sort of pejorative use is very common in ordinary social discussions of people and events.
Sex and Social Justice
Back matter: What does it mean to respect the dignity of a human being? What sort of support do human capacities demand from the world, and how should we think about this support when we encounter differences of gender or sexuality? How should we think about each other across divisions that a legacy of injustice has created? In Sex and Social Justice, Martha Nussbaum delves into these questions and emerges with a distinctive conception of feminism that links feminist inquiry closely to the important progress that has been made during the past few decades in articulating theories of both national and global justice. Growing out of Nussbaum’s years of work with an international development agency connected with the United Nations, this collection charts a feminism that is deeply concerned with the urgent needs of women who live in hunger and illiteracy, or under unequal legal systems. Offering an internationalism informed by development economics and empirical detail, many essays take their start from the experiences of women in developing countries. Nussbaum argues for a universal account of human capacity and need, while emphasizing the essential role of knowledge of local circumstance. Further chapters take on the pursuit of social justice in the sexual sphere, exploring the issue of equal rights for lesbians and gay men. Nussbaum’s arguments are shaped by her work on Aristotle and the Stoics and by the modern liberal thinkers Kant and Mill. She contends that the liberal tradition of political thought holds rich resources for addressing violations of human dignity on the grounds of sex or sexuality, provided the tradition transforms itself by responsiveness to arguments concerning the social shaping of preferences and desires. She challenges liberalism to extend its tradition of equal concern to women, always keeping both agency and choice as goals. With great perception, she combines her radical feminist critique of sex relations with an interest in the possibilities of trust, sympathy, and understanding. Sex and Social Justice will interest a wide readership because of the public importance of the topics Nussbaum addresses and the generous insight she shows in dealing with these issues. Brought together for this timely collection, these essays, extensively revised where previously published, offer incisive political reflections by one of our most important living philosophers.
Hiding from Humanity: Disgust, Shame, and the Law
Back matter: “Should laws about sex and pornography be based on social conventions about what is disgusting? Should felons be required to display bumper stickers or wear T-shirts that announce their crimes? This powerful and elegantly written book, by one of America’s most influential philosophers, presents a critique of the role that shame and disgust play in our individual and social lives and, in particular, in the law.
Martha Nussbaum argues that we should be wary of these emotions because they are associated in troubling ways with a desire to hide from our humanity, embodying an unrealistic and sometimes pathological wish to be invulnerable. Nussbaum argues that the thought-content of disgust embodies “”magical ideas of contamination, and impossible aspirations to purity that are just not in line with human life as we know it.”” She argues that disgust should never be the basis for criminalizing an act, or play either the aggravating or the mitigating role in criminal law it currently does. She writes that we should be similarly suspicious of what she calls “”primitive shame,”” a shame “”at the very fact of human imperfection,”” and she is harshly critical of the role that such shame plays in certain punishments.
Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references–from Aristotle and Freud to Nazi ideas about purity–and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading case, this is a major work of legal and moral philosophy”.
What is Constructivism in Ethics and Metaethics?
Abstract: Most agree that when it comes to so-called ‘first-order’ normative ethics and political philosophy, constructivist views are a powerful family of positions. When it comes to metaethics, however, there is serious disagreement about what, if anything, constructivism has to contribute. In this paper I argue that constructivist views in ethics include not just a family of substantive normative positions, but also a distinct and highly attractive metaethical view. I argue that the widely accepted ‘proceduralist characterization’ of constructivism in ethics is inadequate, and I propose what I call the ‘practical standpoint characterization’ in its place. I then offer a general taxonomy of constructivist positions in ethics. Since constructivism’s standing as a family of substantive normative positions is relatively uncontested, I devote the remainder of the paper to addressing skeptics’ worries about the distinctiveness of constructivism understood as a metaethical view. I compare and contrast constructivism with three other standard metaethical positions with which it is often confused or mistakenly thought to be compatible: realism; naturalist reductions in terms of an ideal response; and expressivism. In discussing the contrast with expressivism, I explain the sense in which, according to the constructivist, the distinction between substantive normative ethics and metaethics breaks down. I conclude by distinguishing between two importantly different debates about the mind-dependence of value. I argue that a failure to make this distinction is part of what explains why the possibility of constructivism as a metaethical view is often overlooked.
Rawls and Feminism: What Should Feminists Make of Liberal Neutrality?
Abstract: I argue that Rawls’s liberalism is compatible with feminist goals. I focus primarily on the issue of liberal neutrality, a topic suggested by the work of Catharine MacKinnon. I discuss two kinds of neutrality: neutrality at the level of justifying liberalism itself, and state neutrality in political decision-making. Both kinds are contentious within liberal theory. Rawls’s argument for justice as fairness has been criticized for non-neutrality at the justificatory level, a problem noted by Rawls himself in Political Liberalism. I will defend a qualified account of neutrality at the justificatory level, taking an epistemic approach to argue for the exclusion of certain doctrines from the justificatory process. I then argue that the justification process I describe offers a justificatory stance supportive of the feminist rejection of state-sponsored gender hierarchy. Further, I argue that liberal neutrality at the level of political decision-making will have surprising implications for gender equality. Once the extent of the state’s involvement in the apparently private spheres of family and civil society is recognized, and the disproportionate influence of a sexist conception of the good on those structures—and concomitant promotion of that ideal—is seen, state neutrality implies substantive change. While—as Susan Moller Okin avowed—Rawls himself may have remained ambiguous on how to address gender inequality, his theory implies that the state must seek to create substantive, not merely formal, equality. I suggest that those substantive changes will not conflict with liberal neutrality but instead be required by it.
The Code of the Warrior: Exploring Warrior Values Past and Present
Back matter: Warrior cultures throughout history have developed unique codes that restrict their behavior and set them apart from the rest of society. But what possible reason could a warrior have for accepting such restraints? Why should those whose profession can force them into hellish kill-or-be-killed conditions care about such lofty concepts as honor, courage, nobility, duty, and sacrifice? And why should it matter so much to the warriors themselves that they be something more than mere murderers? The Code of the Warrior tackles these timely issues and takes the reader on a tour of warrior cultures and their values, from the ancient Greeks and Romans to the “barbaric” Vikings and Celts, from legendary chivalric knights to Native American tribesmen, from Chinese warrior monks pursuing enlightenment to Japanese samurai practicing death. Drawing these rich traditions up to the present, the author quests for a code for the warriors of today, as they do battle in asymmetric conflicts against unconventional forces and the scourge of global terrorism.
Mental Disorders and the “System of Judgmental Responsibility”
Diversifying Syllabi: Thesis: Those affected by mental disorders whose actions are episodically influenced by their disorder are often overlooked by philosophers of moral and ethical responsibility. Allen gives us reasons for thinking it is inappropriate to either:
a) “summarily exclude people with mental problems out of the universe of moral agents, reducing them to the status of rocks, trees, animals, and infants”
b) “include the group on the false assumption that their moral lives are precisely like the paradigmatic moral lives of the epistemically-sound and well-regulated people never personally touched by a mental condition”
We must explore a revised approach to moral and ethical responsibility and obligation for this group.
Some limits of informed consent
Abstract: Many accounts of informed consent in medical ethics claim that it is valuable because it supports individual autonomy. Unfortunately there are many distinct conceptions of individual autonomy, and their ethical importance varies. A better reason for taking informed consent seriously is that it provides assurance that patients and others are neither deceived nor coerced. Present debates about the relative importance of generic and specific consent (particularly in the use of human tissues for research and in secondary studies) do not address this issue squarely. Consent is a propositional attitude, so intransitive: complete, wholly specific consent is an illusion. Since the point of consent procedures is to limit deception and coercion, they should be designed to give patients and others control over the amount of information they receive and opportunity to rescind consent already given.