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Abstract:
In the early 1980s, U.S. universities began regulating sexual relationships between professors and students. Such regulations are routinely justified by a rationale drawn from sexual-harassment law in the employment context: the power differential between professor and student precludes the possibility of genuine consent on the student’s part. This rationale is problematic, as feminists in the 1980s first observed, for its protectionist and infantilizing attitude toward (generally) women students. But it is also problematic in that it fails to register what is truly ethically troubling about consensual professor-student sex. A professor’s having sex with his student constitutes a pedagogical failure: that is, a failure to satisfy the duties that arise from the practice of teaching. What is more, much consensual professor-student sex constitutes a patriarchal failure: such relationships often feed on, and reinforce, women’s second-class standing in higher education. As such, these relationships can thwart the legal right of women students, under Title IX, to exist in the university on equal terms with their male counterparts. Whether or not we should ultimately favor such an interpretation of Title IX—whether or not, that is, it would render campuses ultimately more equal for women and other marginalized people—it is clear that university professors need to attend more carefully to the sexual ethics of their own practice.
Liberto, Hallie. The Problem with Sexual Promises2017, Ethics, 127(2): 383-414.-
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Added by: Emma Holmes, David MacDonald, Yichi Zhang, and Samuel Dando-MooreAbstract:
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.
Kempadoo, Kamala. Sexing the Caribbean: Gender, Race and Sexual Labour2004, Routledge.-
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Added by: Emma Holmes, David MacDonald, Yichi Zhang, and Samuel Dando-MoorePublisher’s Note:
This unprecedented work provides both the history of sex work in this region as well as an examination of current-day sex tourism. Based on interviews with sex workers, brothel owners, local residents and tourists, Kamala Kempadoo offers a vivid account of what life is like in the world of sex tourism as well as its entrenched roots in colonialism and slavery in the Caribbean.Comment (from this Blueprint): Chapter 3 is about the perceptions of sex as transactional in the Caribbean and how the definition of "prostitution" has shifted over time. It details how sex work is organised, both in brothels and in other establishments, such as hotels, nightclubs, etc. It explores the experiences and feelings of women who have experiences of various kinds of transactional sex. This chapter can be used as a case study which allows the reader to explore sex work through a variety of lenses: its interaction with broader social issues like racism and poverty; the place of transactions and intimacy in sex and sex work; sexual norms and the social meanings of sexual relationships; and freedom and choice when engaging in sex and sex work.
Kukla, Quill R.. A Nonideal Theory of Sexual Consent2021, Ethics, 131(2): 270-292.-
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Added by: Emma Holmes, David MacDonald, Yichi Zhang, and Samuel Dando-MooreAbstract:
Our autonomy can be compromised by limitations in our capacities, or by the power relationships within which we are embedded. If we insist that real consent requires full autonomy, then virtually no sex will turn out to be consensual. I argue that under conditions of compromised autonomy, consent must be socially and interpersonally scaffolded. To understand consent as an ethically crucial but nonideal concept, we need to think about how it is related to other requirements for ethical sex, such as the ability to exit a situation, trust, safety, broader social support, epistemic standing in the community, and more.Comment (from this Blueprint): Kukla uses this paper to describe a view of consent which is relational. This means that rather than asking questions about what each person individually consented to or not, the question is how the people having sex communicated. If they communicate sufficiently well then the sex is consensual, and if they do not it is not. We can use this to challenge a view of consent which has been implicit in most of the readings so far. This paper is used to discuss blameworthiness and responsibility for wrongful sex, and to ask questions about what the real world obligations of agents are, given their lack of complete information
Willis, Ellen. Toward a Feminist Sexual Revolution1982, Social Text, 6: 3-21.-
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Added by: Emma Holmes, David MacDonald, Yichi Zhang, and Samuel Dando-MooreAbstract:
In this essay I argue that a sexual liberationist perspective is essential to a genuinely radical analysis of women's condition. Much of my argument centers on the psychosexual dynamics of the family, where children first experience both sexism and sexual repression. This discussion refers primarily to the family as it exists - actually and ideologically - for the dominant cultures of modern industrial societies. Clearly, to extend my focus backward to feudal societies or outward to the Third World would require (at the very least) a far longer, more complex article. I strongly suspect, however, that in its fundamentals the process of sexual acculturation I describe here is common to all historical (i.e., patriarchal) societies.Comment (from this Blueprint): Willis describes the double binds women are in: between being too good – boring, frigid, a sexual failure, a cold bitch – and being bad – easy, insatiable, demanding. Willis argues that the only way to solve this is to end the association between sex and badness. This presents an answer to Bartky's dilemma: we should choose to eradicate sexual shame, rather than our desires.
Zheng, Robin. Why Yellow Fever Isn’t Flattering: A Case Against Racial Fetishes2016, Journal of the American Philosophical Association, 2(3): 400 - 419.-
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Added by: Emma Holmes, David MacDonald, Yichi Zhang, and Samuel Dando-MooreAbstract:
Most discussions of racial fetish center on the question of whether it is caused by negative racial stereotypes. In this paper I adopt a different strategy, one that begins with the experiences of those targeted by racial fetish rather than those who possess it; that is, I shift focus away from the origins of racial fetishes to their effects as a social phenomenon in a racially stratified world. I examine the case of preferences for Asian women, also known as ‘yellow fever’, to argue against the claim that racial fetishes are unobjectionable if they are merely based on personal or aesthetic preference rather than racial stereotypes. I contend that even if this were so, yellow fever would still be morally objectionable because of the disproportionate psychological burdens it places on Asian and Asian-American women, along with the role it plays in a pernicious system of racial social meanings.Comment (from this Blueprint): Zheng argues that some sexual desires are morally problematic - namely, racial fetishes. Some people defend racial fetishes by claiming they are mere aesthetic preferences, lacking racist content or origins. Zheng responds that they are objectionable regardless because of their role in the sexual objectification of certain racial groups. This is useful as a case study of a "bad" desire: is it really bad? What is bad about it? Can someone change it?
Bartky, Sandra Lee. Femininity and Domination1990, Routledge.-
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Added by: Emma Holmes, David MacDonald, Yichi Zhang, and Samuel Dando-MoorePublisher’s Note:
Bartky draws on the experience of daily life to unmask the many disguises by which intimations of inferiority are visited upon women. She critiques both the male bias of current theory and the debilitating dominion held by notions of "proper femininity" over women and their bodies in patriarchal culture.Comment (from this Blueprint): Chapter 4 is about what a feminist should do when they have a sexual desire which is in tension with their feminist beliefs in a way that makes them feel ashamed. There are two natural choices: to give up the shame and continue to have the desire, or to give up the desire. Bartky examines both of these choices and finds us in a tricky situation: it is sometimes apt and understandable to feel shame about a sexual desire (when it really is in tension with your principles), but she is sceptical about the view that we can change our desires at will or with therapy.
Tilton, Emily, Jenkins Ichikawa, Jonathan. Not What I Agreed To: Content and Consent2021, Ethics, 132(1): 127-154.-
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Added by: Emma Holmes, David MacDonald, Yichi Zhang, and Samuel Dando-MooreAbstract:
Deception sometimes results in nonconsensual sex. A recent body of literature diagnoses such violations as invalidating consent: the agreement is not morally transformative, which is why the sexual contact is a rights violation. We pursue a different explanation for the wrongs in question: there is valid consent, but it is not consent to the sex act that happened. Semantic conventions play a key role in distinguishing deceptions that result in nonconsensual sex (like stealth condom removal) from those that don’t (like white lies). Our framework is also applicable to more controversial cases, like those implicated in so-called “gender fraud” complaints.Comment (from this Blueprint): Tilton and Ichikawa attempt to work out what goes wrong in certain deception cases but not in others. This is useful as a reply to Dougherty's argument that sex from deception is always morally serious and it engages with the issues Fischel raises around gender deception.
Jenkins Ichikawa, Jonathan. Presupposition and Consent2020, Feminist Philosophy Quarterly. 6(4).-
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Added by: Emma Holmes, David MacDonald, Yichi Zhang, and Samuel Dando-MooreAbstract:
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.
Alexander, Larry, Hurd, Heidi, Westen, Peter. Consent Does Not Require Communication: A Reply to Dougherty2016, Law and Philosophy. 35: 655-660.-
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Added by: Emma Holmes, David MacDonald, Yichi Zhang, and Samuel Dando-MooreAbstract:
Tom Dougherty argues that consenting, like promising, requires both an appropriate mental attitude and a communication of that attitude.Thus, just as a promise is not a promise unless it is communicated to the promisee, consent is not consent unless it is communicated to the relevant party or parties. And those like us, who believe consent is just the attitude, and that it can exist without its being communicated, are in error. Or so Dougherty argues. We, however, are unpersuaded. We believe Dougherty is right about promises, but wrong about consent. Although each of us gives a slightly different account of the attitude that constitutes consent, we all agree that consent is constituted by that attitude and need not be communicated in order to alter the morality of another’s conduct.Comment (from this Blueprint): The authors argue that consent is an attitude, rather than an act of communication. They give two examples to support this view where the communication of consent doesn’t occur or goes wrong somehow, but nonetheless (they claim) it is intuitively a consensual interaction.
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Srinivasan, Amia. Sex as a Pedagogical Failure
2020, Yale Law Journal 129 (4)
Comment: Srinivasan made international headlines in 2021 with her book, The Right to Sex (2021), which includes an adapted version of this essay. In the midst of the #MeToo movement and global reckoning with cultures of sexual harrassment, she turned a sharp, philosophical lens towards many of the topics regarding power, sexuality, and feminism that not only had been brushed under the rug in popular media, but had also been largely considered irrelevant for philosophical investigation. This essay would make for fruitful discussion in courses or reading groups specifically focused on feminist themes, or could be used in more interdisciplinary contexts to study the #MeToo movement and the current state of modern feminist thought (other essays on similar topics can also be found in the book). For the purposes of offering the version of the essay in its most academic form, this entry cites the earlier version which was published in the Yale Law Review in 2020.