After #MeToo, academics have become increasingly focused on the liberal concept of consent. Either problematized as a means of distinguishing between sex and rape, or vaunted as a tool for having better sex, consent remains central to discussions of sexual violence. Returning to Andrea Dworkin’s thought, this article argues that contemporary feminists must move beyond consent and recenter the problem of violence to theorize rape. Dworkin, alongside Catharine MacKinnon and Carole Pateman, critiques consent for disguising the violence of (...) rape, sex, and pornography. By defining violence as a process of objectification, Dworkin exposes rape, pornography, and most controversially, consensual heterosexual intercourse as “a new kind of death.” She, in turn, calls for the feminist exercise of violence as a tactic of disclosure that promises to make visible patriarchal violence hidden by consent and sexualization. Moving beyond consent to recenter the problem of violence, I conclude, opens up new avenues for feminist action and brings into view the seemingly unthinkable possibility of a world without rape. (shrink)

Rape is an important topic in feminist philosophy and the real world. This paper argues that three influential feminists understate the gravity and brutality of rape. They are Andrea Dworkin, Catharine MacKinnon, and Rae Langton. I also propose an alternative analysis of rape that captures its appalling nature. Dworkin and MacKinnon construe rape as something that actors in pornography, with notoriously poor acting skills, can portray as pleasurable. Langton construes rape as a kind of sex (...) act: as sex that is “unwanted,” “unconsensual,” “refused,” or “forced.” I argue that rape and sex are categorically distinct. Rape is an act of violence, not an act of sex. I argue that rape occurs when 1) the genitals, fingers, or hands of one subject, or a foreign object, penetrate the genitals or anus of another subject and 2) one subject (the victim): (a) refuses to penetrate the other’s genitals or anus with one’s genitals, (b) refuses to have one’s genitals or anus penetrated by the other’s genitals, fingers, or hands, or a foreign object; or (c) is incapable of thus refusing (e.g., because one is unconscious, dissociating, or suffering debilitating fear). (shrink)

Feminist and queer theorists influenced by Michel Foucault have given analyses of sexual violence and of sexually violent pornography that are generally taken to be in striking opposition to those defended by radical feminists such as Catharine MacKinnon. In this commentary on Linda Martín Alcoff’s Rape and resistance: Understanding the complexities of sexual violation, I suggest that these seemingly divergent analyses of sexual violence are more similar than they have appeared to be and I ask: Might this book help (...) to bring an end to the so-called ‘sex wars’ between the Foucauldians and the MacKinnonites that have been raging since the mid-1980s? (shrink)

It is hardly necessary to rent I Spit on Your Grave or Tool Box Murders for your VCR in order to find images of sexuality contaminated by depersonalization or violence. As far back as Rabelais’ Gargantua, for example, Panurge proposes to build a wall around Paris out of the pleasure-twats of women [which] are much cheaper than stones”: “the largest … in front” would be followed by “the medium-sized, and last of all, the least and smallest,” all interlaced with “many (...) horney joy-dinguses” so that fortification would be impregnable, except for the “ordure and excretions” of the flies it would doubtlessly attract.1 Two centuries later, one of Rabelais’ compatriots, the Marquis de Lade, described the rage of a sexually initiated daughter against a woman who refuses to consider her “pleasure-twat” “cheaper than stones.” The Sadeian heroine first sodomizes her puritanical mother with an artificial penis, then has her infected with syphilis, and finally performs infibulations to prevent the infected semen from leaking out: “Quickly, quickly, fetch me needle and threat! … Spread your thighs, Mama, so I can stitch you together.”2One century later in England, the author of My Secret Life explained that, when in a state of sexual excitement, “he is ready to fuck anything,” from his sister to his grandmother, from a ten-year-old, to a woman of sixty, for a standing prick has no conscience.” To this credo, he adds the admonition, “Woe be to the female whom he gets a chance at, if she does not want him, for he will have her if he can.”3 The sexually aroused man in the contemporary American film Looking for Mr. Goodbar curses the woman who does not want him as much as she wants a room of her own and the freedom to choose a succession of male lovers. After he resentfully determines to have her when he gets the chance , he rapes her and finally knifes her to death, exclaiming “That’s what you want, bitch, right? That’s what you want.”However these individual works are labeled, such passages remind us of the long history of pornography, a gender-specific genre produced primarily by and for men but focused obsessively on the female figure. In their depictions of female sexuality, narratives from Gargantua to La Philosophie dans le boudoir, My Secret Life, and Looking for Mr. Goodbar explain why definitions of the pornographic have recently moved away from “obscenity,” a term that generally refers to the sexually stimulating effects of a picture, a novel, or a film on the male reader/observer, and toward “dehumanization,” a word that is used to evoke the objectification of women. As Irene Diamond has demonstrated, during the past decade the generally held assumption that pornography is about male sexuality has been qualified by those who argue that “the ‘what’ of pornography is not sex but power and violence, and the ‘who’ of concern are no longer male consumers and artists but women.”4 1. François Rabelais, Gargantua and Pantagruel, trans. Jacques Le Clercq , bk. 2, chap. 15. I have used this translation because it is employed in Helene Iswolsky’s translation of Mikhail Bakhtin’s Rabelais and His World . With no analysis of gender, Bakhtin’s exclusive focus on the grotesque wipes out the significance of Rabelais’ sexual imagery.2. Marquis de Sade, quoted in a brilliant reading of this text by Angela Carter, The Sadeian Woman and the Ideology of Pornography , p. 127; all further references to this work , abbreviated SW, will be included in the text.3. My Secret Life , p. 361.4. Irene Diamond, “Pornography and Repression: A Reconsideration,” in Women: Sex and Sexuality, ed. Catharine Stimpson and Ethel Spector Person , p. 132. Susan Gubar is professor of English and women’s studies at Indiana University, Bloomington. Together with Sandra M. Gilbert, she has coauthored The Madwoman in the Attic: The Woman Writer and the Nineteenth-Century Literary Imagination and co-edited both Shakespeare’s Sisters: Feminist Essays on Women Poets and the Norton Anthology of Literature by Women: The Tradition in English. This fall they will publish the first volume of a three-volume work, No Man’s Land: The Place of the Woman Writer in the Twentieth Century. Her previous contribution to Critical Inquiry is “ ‘The Blank Page’ and the Issues of Female Creativity”. (shrink)

A review of Loose Women, Lecherous Men, by Linda LeMoncheck.

For years, mainstream feminist ethics focused criticism on male supremacy. Feminist philosophers in this volume adopt a less male-focused stance to look closely at oppression's impact on women's agency and on women's relations with women. Examining legal, social, and physical relationships, these philosophers confront moral ambiguity, moral compromise, and complicity in perpetuating oppression. Combining personal experience with philosophical inquiry, they vividly portray their daily engagement with oppression as both victims and perpetrators. They explore such issues as how pornography silences women (...) and radical feminist politics' complicity in racism. Among these insightful essays, Sandra Bartky argues that women share guilt for racism when they benefit from it without protest; Susan Brison reflects on uses of narrative in trauma recovery from such experiences as being targeted for rape or murder; Joan Callahan examines fallout of derogatory speech directed at lesbians; Virginia Held proposes carrying care into marketplaces and governments; and, in her introduction, Claudia Card draws on Primo Levi's conception of "gray zones" in exploring dangers of character damage to victims of misogyny. A fitting companion to Card's highly regarded Feminist Ethics, this volume interweaves observations on character, political ethics, violence, and love into an accessible sourcebook for students. It tackles some of feminism's most pressing issues and helps readers to identify and then overcome the real damage caused by oppression. (shrink)

Sex, Morality, and the Law combines legal and philosophical arguments to focus on six controversial topics; homosexual sex, prostitution, pornography, abortion, sexual harassment, and rape. Suitable for use in several disciplines at both undergraduate and graduate levels, this anthology includes critical court decisions and essays representing a diversity of conservative, liberal, and feminist positions.

Anti-pornography feminists have famously argued that pornography silences women: specifically, pornography causes women to be illocutionarily disabled in some real-life sexual contexts so that they are unable to refuse sex by saying ‘no’. Call this view Silencing. Some philosophers object to Silencing because it seems to entail that, in some cases, a rapist’s blameworthiness is significantly diminished. If the woman cannot refuse sex by saying ‘no’, and this allows the man’s belief, that she consents, to be rational, then the man’s (...) blameworthiness for rape is significantly diminished. The objection is that something must be wrong with a view like Silencing that allows rapists to escape the moral hook when, intuitively, they should not. In this paper, I defend Silencing from this objection by appealing to insights from the literature on moral encroachment in order to argue that it is not rational for the rapist to believe (or accept) that the woman consents. (shrink)

How should we react to the development of sexbot technology? Taking their cue from anti-porn feminism, several academic critics lament the development of sexbot technology, arguing that it objectifies and subordinates women, is likely to promote misogynistic attitudes toward sex, and may need to be banned or restricted. In this chapter I argue for an alternative response. Taking my cue from the sex positive ‘feminist porn’ movement, I argue that the best response to the development of ‘bad’ sexbots is to (...) make better ones. This will require changes to the content, process and context of sexbot development. Doing so will acknowledge the valuable role that technology can play in human sexuality, and allow us to challenge gendered norms and assumptions about male and female sexual desire. This will not be a panacea to the social problems that could arise from sexbot development, but it offers a more realistic and hopeful vision for the future of this technology in a pluralistic and progressive society. (shrink)

How should we react to the development of sexbot technology? Taking their cue from anti-porn feminism, several academic critics lament the development of sexbot technology, arguing that it objectifies and subordinates women, which is likely to promote misogynistic attitudes towards sex, and may need to be banned or restricted. This chapter argues for an alternative response. Taking its cue from the sex-positive ‘feminist porn’ movement, it argues that the best response to the development of ‘bad’ sexbots is to make better (...) ones. This will require changes to the content, process and context of sexbot development. Doing so will acknowledge the valuable role that technology can play in human sexuality, and allow us to challenge gendered norms and assumptions about male and female sexual desire. This will not be a panacea to the social problems that could arise from sexbot development, but it offers a more realistic and hopeful vision for the future of this technology in a pluralistic and progressive society. (shrink)

Violence against women is a global stigma. At least two conditionsstirred the global community: Malala Yousafzai who took a bullet in 2012 andwho advocate girl’s education to date, and the 2014 reported kidnap of 300Nigerian girls by Boko Haram. There are oppressive stereotypes of women.Violence can come in different forms. These can come as verbal abuse, intimatepartners violence, non-intimate partner violence, trafficking, forced prostitution,exploitation of labor, debt bondage, physical and sexual violence, sex selectiveabortion, female infanticide and femicide, deliberate neglect and (...) girl’s education,rape in war, dowry murder, pornography, dating violence, female genitalmutilation/circumcision, and acid attack. With the aid of Hermeneutics, therich allusions and strong Feminist voices that exhume the elements of VAW areinherent characteristics of the Cebuano-Visayan Feminist poetry. The poemsconvince women to reclaim femininity, regain self-worth, challenge patriarchy,defy social prescriptions and conventions for women’s behavior. The four selectedCebuano-Visayan poetry with sound Feminist voices are support systems forwomen. Further studies on VAW in Cebuano-Visayan poetry are recommended. Keywords: Hermeneutics, poetry, Violence Against Women , descriptive research,Cebuano-Visayan language, Philippines. (shrink)

This collection of essays seeks to expand the parameters of the debate on pornography. In an effort to move away from the divisive frameworks of which side are you on? and who counts as women worthy to be listened to? in feminist debates on pornography, this volume seeks to understand what pornography means to those who consume it, fight against it, work within it, and to those engaged in changing its meaning. By opening up a space for divergent points of (...) view to address the complexityof sexual material, this volume seeks to forge solidarity amongst a diverse array of constituencies, including academics, activists, and sex workers from diverse socio-political contexts. Through seeking to address the relationship between imperialism, the exotic, and the pornographic, the collection moves away from Eurocentric perspectives on pornography, by including the perspectives of women involved in struggles for national liberation in the South. This volume explores a wide range of issues, such as, how the meaning of pornography is shaped by changing historical and political realities; the role law should play, if any, in the sex industry; whether union organizing can change the working conditions in the sex industry; kinds of representational politics available for redefining pornography; and how sexually explicity literature, videos, art, and music can serve the purpose of sexual freedom. Contributors to the volume include Diana Russell, Catharine MacKinnon, Andrea Dworkin, Wendy Brown, Becki Ross, Mallek Alloula, M. Jacqui Alexander, Victoria Ortiz, bell hooks, Rey Chow, Judith Butler, Candida Royalle, Zoraida Ramirez Rodriguez, amongst others. (shrink)

Born to secular Jewish parents and raised in Camden, New Jersey, Andrea Dworkin became a radical second-wave feminist. By Dworkin’s own account, her work is informed by a series of negative personal experiences, including sexual assault at age nine, again by doctors at the Women's House of Detention in New York in 1965, work as a prostitute, and marriage to a battering husband whom she left in 1971. While Dworkin self-identified as a lesbian, since 1974 she lived with a gay (...) male partner, writer John Stoltenberg, whom she married in 1998. Understandably, the main theme of Dworkin's work is male violence against women. This violence is a defining feature of our male-supremacist culture, in which rape, prostitution, and pornography are inevitable expressions of gender norms. Dworkin's writings are primarily aimed at social change rather than intellectualizing. She describes her first book as "a political action where revolution is the goal". What one finds in her writings is not so much philosophical theorizing as calls to action. Thus it is difficult to summarize the abstract theory to which she is committed and from which she draws arguments against the sexism she finds in our culture. What is clear is her desire to eliminate binary concepts of gender and their oppressive effects. In particular, Dworkin urges the destruction of a female gender role that involves masochism, self-hatred, and passivity. She sees male supremacy constructed and reinforced in our culture through the sexist structuring of public institutions and private interactions, locating three crucial foci of male supremacy in action: pornography, sexual intercourse, and rape. These are her central concerns. Her work includes seven monographs, three collections of essays and speeches, a memoir, two novels, and a book of short stories, all of which explore these themes. (shrink)

In assessing ethical issues concerning the sex-industry, feminist liberalism ought to combine the concern for the worker that is central to its treatment of prostitution, with sensitivity to the social and cultural embeddedness of self that is central to its treatment of pornography. That would enable us to then look at live-actor pornography as a form of prostitution that raises additional questions about third party consumption — and analysis both more theoretically coherent and practically useful.

In assessing ethical issues concerning the sex-industry, feminist liberalism ought to combine the concern for the worker that is central to its treatment of prostitution, with sensitivity to the social and cultural embeddedness of self that is central to its treatment of pornography. That would enable us to then look at live-actor pornography as a form of prostitution that raises additional questions about third party consumption — and analysis both more theoretically coherent and practically useful.

_Prostitution and Pornography_ examines debates about the sex industry and the adequacy of the liberal response to critiques of the sex industry. The anthology focuses particularly on the very different ways prostitution and pornography are treated. Unlike other books that deal with the sex industry, this volume brings together academics and industry veterans and survivors to discuss the ways prostitution, pornography, and other forms of commercial sex are treated, and to ask questions about the role that ideas about the self, (...) personal identity, and freedom play in our attitudes about the sex industry. (shrink)

When it was at its height, the feminist pornography debate tended to generate more heat than light. Only now that there has been a cease fire in the sex war does it seem possible to reflect on the debate in a more productive way and to address some of the questions that were left unresolved by it. In this paper, I shall argue that one of the major unresolved questions is that of how feminists should conceptualize power. The antipornography feminists (...) and the feminist sex radicals presuppose radically different conceptions of power, and this fact helps to explain why they come to such different conclusions about what, if anything, should be done about pornography. The feminist pornography debate remains unresolved precisely because it is unresolvable in the terms in which it has been posed. I shall contend that the conceptions of power presupposed on both sides of the debate are incomplete, and, therefore, inadequate.4 My hope is that once we recognize this, we might be able to improve not only the way that feminists analyze pornography but also the way we conceptualize power. (shrink)

Violation pornography is pornography where the depicted behavior includes unjust sexual acts, e.g., rape. In this paper I argue that it is unclear whether the enjoyment of violation pornography is bad for the viewer. My essay has three parts. First, I set out an account of flourishing. I adopt a composite account, whereby flourishing is a function of the degree to which an individual has pleasure and various objective-list elements. Objective-list elements are things (e.g., knowledge and meaningful relationships) that (...) make my life go better independently of their effects on pleasure and desire-fulfillment. In the next two parts, I relate violation pornography to each component of flourishing. Thus, in the second part, I explore whether violation pornography promotes or hinders pleasure. In the third part I explore whether pornography is compatible with these objective-list elements, particularly virtue. (shrink)

What makes feminist theory feminist? How did so many different feminisms come to exist? In Fundamental Feminism, Judith Grant addresses these questions by offering a critical exploration of the evolution of feminist theory and the state of feminist thinking today. Grant provides a lively assessment of the major problems of contemporary feminist thought and identifies a set of common assumptions that link the wide variety of feminist theories in existence. Fundamental Feminism calls for nothing less than a substantial revision of (...) the core concepts responsible for shaping feminist theory as we now know it. Grant identifies and critiques three core concepts of feminist theory--"woman," "experience," and "personal politics"--from their origins in pamphlets and writings from the early women's liberation movement to their current construction in feminist thought. She then connects a number of major debates in feminism today to the longstanding influence of these core assumptions. These debates include the hegemony of the white female perspective, the tension between anti-pornography and pro-sex feminists, and the discussions surrounding the challenges presented by postmodernism. Grant gives readers valuable insight into the dilemma facing feminist theory today. Fundamental Feminism is a thorough and provocative analysis that will be essential reading for anyone interested in the future of feminist theory and the power of feminist politics. (shrink)

Since the publication of The Sexual Politics of Meat in 1990, activist and writer Carol J. Adams (2000 [1990]) has put forth a feminist defence of veganism based on the argument that meat consumption and violence against animals are structurally related to violence against women, and especially to pornography and prostitution. Adams’ work has been influential in the growing fields of animal studies and posthumanism, where her research is frequently cited as the prime example of vegan feminism. However, her particular (...) radical feminist framework, including her anti-pornography and anti-prostitution arguments, are rarely acknowledged or critiqued. This article challenges the premises of Adams’ argument, demonstrating that her version of vegan feminism is based upon an unsubstantiated comparison between violence against women and violence against other-than-human animals, and on the silencing and exclusion of sex workers as subjects. The article contests the limited reading of Adams, and of feminism, offered in some key works in animal studies and posthumanism, at the same time that it recognises the need to challenge the anthropocentrism evident in much feminist theory. By way of alternative approaches to the sexual politics of veganism, the article highlights the interventions of artist and activist Mirha-Soleil Ross, proposing that her situated and embodied commitment to animal rights brings sex worker agency into the story, while resisting simple comparisons among different forms of violence. The concerns raised by Ross overlap in compelling ways with recent research in performance studies and labour history, bringing the question of work and workers, animal and human, to the fore. These studies point towards a potentially more useful framework than that of Adams for understanding the human violence suffered by different species, including those destined to be eaten by people. (shrink)

We refine a line of feminist criticism of pornography that focuses on pornographic works' pernicious effects. A.W. Eaton argues that inegalitarian pornography should be criticized because it is responsible for its consumers’ adoption of inegalitarian attitudes toward sex in the same way that other fictions are responsible for changes in their consumers’ attitudes. We argue that her argument can be improved with the recognition that different fictions can have different modes of persuasion. This is true of film and television: a (...) satirical movie such as Dr. Strangelove does not morally educate in the same way as a realistic series such as The Wire. We argue that this is also true of pornography: inegalitarian depictions of sex are not invariably responsible for consumers' adoption of inegalitarian attitudes toward sex in reality. Given that pornographic works of different genres may harm in different ways, different feminist criticisms are appropriate for different genres of pornography. (shrink)

Recent rape law reform is most saliently characterised by a turn to gender neutrality in its definition of the crime of rape. The few possible advantages of a gender neutral approach to rape are offset by a series of disadvantages regarding gender justice when viewed from a feminist perspective. Formal gender neutrality does not safeguard against the effective influence of pervasive and enduring symbolic constructions pertaining to male and female sexuality and of a normalised hierarchical binary constructed (...) between the two sexes, in particular where sexual relations are concerned. Such efficacy may impede justice for both male and female victims of rape. The question about the place of sexual difference or rather sexual specificity within feminist theories of justice should be considered anew in light of this critical analysis of gender neutrality in rape law. (shrink)

In 1977 Michel Foucault contemplated the idea of punishing rape only as a crime of violence, while in 1978 he argued that non-coercive sex between adults and minors should be decriminalized entirely. Feminists have consistently criticized these suggestions by Foucault. This paper argues that these feminist responses have failed to sufficiently understand the theoretical motivations behind Foucault's statements on sex-crime legislation reform, and will offer a new feminist appraisal of Foucault's suggestions.

Some exceptional and surprising mistakes of scholarship made in the writings of a number of feminist academics (Ruth Bleier, Ruth Hubbard, Susan Bordo, Sandra Harding, and Rae Langton) are examined in detail. This essay offers the psychological hypothesis that these mistakes were the result of political passion and concludes with some remarks about the ability of the social sciences to study the effect of the politics of the researcher on the quality of his or her research.

These are women who are not only vulnerable but also evidently worthy of the protections or rewards promised: punishment of the rapist or the hero's love ...

For a few years in the 1980s, Andrea Dworkin’s Pornography: Men Possessing Women appeared to have changed the intellectual landscape – as well as some people’s lives. Pornography, she argued, not only constitutes violence against women; it constitutes also the main conduit for such violence, of which rape is at once the prime example and the central image. In short, it is patriarchy’s most powerful weapon. Given that, feminists’ single most important task is to deal with pornography. By the (...) early 1990s, however, the consensus had become that her project was a diversion, both politically and intellectually. Today, who would argue that pornography is a crucial political issue? I shall argue that Dworkin has in fact a great deal to teach us – perhaps even more today, as we are going through the neo-liberal revolution, than thirty years ago. Her argument is not a causal one, despite in places reading as if it were. The legal route she chose as the ground on which to fight may well be a dead end, but that does nothing to undermine the force of her analysis. Nor does the fact that she makes arguments that might not be recognized as professionally philosophical or social scientific undermine their substantive force. It may even be that pornography itself is not the sole key she thought it was to understanding and dealing with political realities; but even if that were so, the form of her analysis, far from rhetorical and/or fallacious, is exactly what is needed to counter the depredations of neo-liberal “common sense”. That she herself found it difficult to find a language beyond that of liberalism to express her argument is no reason either for ignoring or misinterpreting it. (shrink)

Lynne Huffer's ambitious inquiry redresses the rift between feminist and queer theory, traversing the space of a new, post-moral sexual ethics that includes pleasure, desire, connection, and betrayal. She begins by balancing queer theorists' politics of sexual freedoms with a moralizing feminist politics that views sexuality as harm. Drawing on the best insights from both traditions, she builds an ethics centered on eros, following Michel Foucault's ethics as a practice of freedom and Luce Irigaray's lyrical articulation of an ethics of (...) sexual difference. Through this theoretical lens, Huffer examines everyday experiences of ethical connection and failure connected to sex, including queer sexual practices, sodomy laws, interracial love, pornography, and work-life balance. Her approach complicates sexual identities while challenging the epistemological foundations of subjectivity. She rethinks ethics "beyond good and evil" without underestimating, as some queer theorists have done, the persistence of what Foucault calls the "catastrophe" of morality. Elaborating a thinking-feeling ethics of the other, Huffer encourages contemporary intellectuals to reshape sexual morality from within, defining an ethical space that is both poetically suggestive and politically relevant, both conceptually daring and grounded in common sexual experience. (shrink)

This paper has two major goals: First, I argue that Catharine MacKinnon’s and Andrea Dworkin’s anti-pornography activism was an act of public reason and their arguments public reasons arguments. Thus, MacKinnon’s argument that pornography is best understood as a practice of sex discrimination is a public reason argument—and so can be defended as grounded in liberal political principles. Political liberalism, as I defend it, can support MacKinnon’s approach to pornography as embodied in a civil rights ordinance. By way of contrast, (...) I will take up another feminist position on pornography, Drucilla Cornell’s, that differs from, and in fact is quite critical of, the MacKinnon/Dworkin anti-pornography position. My primary aim here is to show that Cornell’s arguments fail—as they stand—as public reason arguments, and thus further highlight the crucial aspects of MacKinnon’s feminist approach that are compatible with public reason, and so with liberal political principles. This is not to say that one could not provide a public reason argument for a position like Cornell’s. However, as she offers it, her position is not compatible with the norms of public reason. Second, I show why the obscenity route to the regulation of pornographic material—the traditional liberal approach—is actually antithetical to the version of political liberalism I am interested in defending. The conclusion of these arguments is that contrary to the mainstream view, liberalism is hospitable to the arguments of MacKinnon and Dworkin, and so as liberals we have not only good reason to take their arguments very seriously, but even stronger their arguments flow from fundamental liberal political values. (shrink)

This paper addresses the question of whether rape-law reform should treat all cases of simple rape—nonconsensual sex that does not involve the use or credible threat of physical force—as a serious crime. Of primary concern here are those sexual interactions, often referred to as “date rape” or “acquaintance rape,” where the coercive element is not physical force as evidenced by reasonable resistance. Should, as some feminist reformers have urged, felony rape include sexual interactions that may (...) not be fully consensual but do not include the use of physical force? If so, can convincing answers be provided for due process questions about what constitutes valid consent to sex and how to tell when it is present. This paper warns of the difficulties in determining what counts as evidence of nonconsent and mens rea in light of the “linkage thesis” which takes valid consent in these cases to be bilateral and interactive, and to imply the absence of mens rea. Given the complexity of norms governing these sexual interactions and the high likelihood of reasonable mistakes about consent, this paper contends that criminalizing these cases of simple rape will often result in the unjust treatment of the relevant parties. (shrink)

Recently, several philosophers have recast feminist arguments against pornography in terms of Speech Act Theory. In particular, they have considered the ways in which the illocutionary force of pornographic speech serves to set the conventions of sexual discourse while simultaneously silencing the speech of women, especially during unwanted sexual encounters. Yet, this raises serious questions as to how pornographers could (i) be authorities in the language game of sex, and (ii) set the conventions for sexual discourse - questions which these (...) speech act-theoretic arguments against pornography have thus far failed to adequately answer. I fill in this gap of the argumentation by demonstrating that there are fairly weak standards for who counts as an authority or convention-setter in sexual discourse. With this analysis of the underpinnings of a speech act analysis of pornography in mind, I discuss a range of possible objections. I conclude that (i) the endorsement of censorship by a speech act analysis of pornography competes with its commitment to the conventionality of speech acts, and, more damningly, that (ii), recasting anti-pornography arguments in terms of linguistic conventions risks an unwitting defence of a rapist's lack of mens rea - an intolerable result; and yet resisting this conclusion requires that one back away from the original claim to women's voices being 'silenced'. (shrink)

Providing balanced coverage of abortion, sexual harassment, censorship and pornography, and other timely and controversial subjects, this pathbreaking anthology is the first to offer a comprehensive introduction to feminist legal philosophy. An important resource for courses in women's studies, philosophy, law, sociology, and political science, it provides many stimulating insights into essential topics in jurisprudence, such as the nature and justification of law, judicial reasoning and the process of adjudication, the connection between law and equality, and freedom and justice.

This article returns to a philosophical conundrum that has troubled feminist theory since the topic of sexual violence has been taken seriously, what I call the problem of the “heteronormative sexual continuum”: how sexual assault and hegemonic heterosex are conceptually and politically related. I continue my response to the work of Nicola Gavey, who has argued for the existence of a “gray area” of sexual interactions that are ethically questionable without rising to the category of sexual assault, but whose analysis (...) did not explicitly articulate what these two categories share or what distinguishes them from each other. After summarizing Gavey's position, I summarize my previous articulation of the common ground between instances of sexual assault and examples of sexual interactions in the “gray area.” I then develop a theoretical account of how the two categories differ, arguing that the victim's agency plays different roles in the two types of interactions. Both the fact of that distinction—that we are capable of providing a philosophical account of the difference between sexual interactions that fall into the gray area and those that constitute sexual assault—and its particular content are crucial for the development of a tenable feminist sexual ethics. (shrink)

Linda LeMoncheck introduces a new way of thinking and talking about women's sexual pleasures, preferences, and desires. Using the tools of contemporary analytic philosophy, she discusses methods for mediating the tensions among apparently irreconcilable feminist perspectives on women's sexuality and shows how a feminist epistemology and ethic can advance the dialogue in women's sexuality across a broad political spectrum. She argues that in order to capture the diversity and complexity of women's sexual experience, women's sexuality must be examined from two (...) equally compelling perspectives: that of women's sexual oppression under conditions of individual and institutional male dominance; and that of women's sexual liberation, both in terms of each woman's pursuit of sexual agency and self-definition, and in terms of women's sexual liberation as a class. Loose Women, Lecherous Men sheds crucial new light on such much-debated topics as promiscuity, adultery, sexual deviance, prostitution, pornography, sexual harassment, and sexual violence against women. Her book supports a dialogue that encourages both women and men to take up a feminist perspective in exploring the meaning and value of sexuality in their lives. (shrink)

Linda LeMoncheck introduces a new way of thinking and talking about women's sexual pleasures, preferences, and desires. Using the tools of contemporary analytic philosophy, she discusses methods for mediating the tensions among apparently irreconcilable feminist perspectives on women's sexuality and shows how a feminist epistemology and ethic can advance the dialogue in women's sexuality across a broad political spectrum. She argues that in order to capture the diversity and complexity of women's sexual experience, women's sexuality must be examined from two (...) equally compelling perspectives: that of women's sexual oppression under conditions of individual and institutional male dominance; and that of women's sexual liberation, both in terms of each woman's pursuit of sexual agency and self-definition, and in terms of women's sexual liberation as a class. Loose Women, Lecherous Men sheds crucial new light on such much-debated topics as promiscuity, adultery, sexual deviance, prostitution, pornography, sexual harassment, and sexual violence against women. Her book supports a dialogue that encourages both women and men to take up a feminist perspective in exploring the meaning and value of sexuality in their lives. (shrink)

Does feminism give a much-needed voice to women in a patriarchal world? Or is the world not really patriarchal? Has feminism begun to level the playing field in a world in which women are more often paid less at work and abused at home? Or are women paid equally for the same work and not abused more at home? Does feminism support equality in education and in the military, or does it discriminate against men by ignoring such issues as male-only (...) draft registration and boys lagging behind in school? The only book of its kind, this volume offers a sharp, lively, and provocative debate on the impact of feminism on men. Warren Farrell--an international best-selling author and leader in both the early women's and current men's movements--praises feminism for opening options for women but criticizes it for demonizing men, distorting data, and undervaluing the family. In response, James P. Sterba--an acclaimed philosopher and ardent advocate of feminism--maintains that the feminist movement gives a long-neglected voice to women in a male-dominated world and that men are not an oppressed gender in today's America. Their wide-ranging debate covers personal issues, from love, sex, dating, and rape to domestic violence, divorce, and child custody. Farrell and Sterba also look through their contrasting lenses at systemic issues, from the school system to the criminal justice system; from the media to the military; and from health care to the workplace. A perfect book to get students thinking and debating, Does Feminism Discriminate Against Men? A Debate is ideal for courses in gender studies, sociology, psychology, economics, feminist philosophy, and contemporary moral issues. It is also compelling reading for anyone interested in the future of men and women. (shrink)

The term “pornographic” is a purely descriptive word referring to sexually explicit writing and pictures designed to induce sexual excitement in the reader or observer. To use the terms “obscene” and “pornographic” interchangeably, as if they referred to the same thing, is to beg the question of whether any or all pornographic materials are obscene. Whether any given acknowledged form of pornography is really obscene is an open question to be settled by argument and not by definitional fiat. The following (...) subjects are discussed: the contrast between pornographic writing and literature and drama; artful pornography; pornographic pictorial art, poetry, and program music; how sex can be obscene; the feminist case against pornography; and violent pornography. (shrink)

A collection of essays representing diverse approaches to feminist ethical analysis of social policy. Subjects include the Family and Medical Leave Act, combat exclusion and the role of women in the military, unwed fathers' rights, mail-order brides, pornography, breast implants, and sex-selective abortion. Paper edition (unseen), $17.95. Annotation copyrighted by Book News, Inc., Portland, OR.

Media, police, and educational responses to nonconsensual pornography (i.e. ‘revenge porn’) have been critiqued for relying on sex negative beliefs that result in victims of this act being blamed and shamed for their own victimisation. In this article I analyse judicial discourse in nonconsensual pornography case law to assess the extent to which sex negativity is embedded in legal responses. I find that, while overt victim blaming and shaming is not present in the judicial discourse, subtle forms of sex negativity (...) are expressed in a minority of cases through references to consensual youth image sharing as inappropriate and through the framing of reputational harms. I argue that it is essential for legal responses to not only avoid sex negative narratives (as most currently do) but to actively reveal and counter the sex negative beliefs that underlie many of the harms associated with nonconsensual pornography. (shrink)

Responses to the pernicious influences of mainstream pornography on its viewers fall into two main sorts: regulation and education. Pornography has long been a core topic in analytic feminist philosophy, but it has largely focused on issues around regulation, in particular with trying to undermine arguments against regulation on the grounds that pornography should count as protected speech. Here I instead look at some ways that philosophy can contribute to an education-based approach, in particular to what has been called an (...) ‘education to address pornography's influence’. I first argue that philosophical considerations can help to motivate this kind of overall approach to countering pornography's influence, but the main contribution of the paper is to contend that such considerations can also contribute to shaping the kind of content and messaging that such an education should have. I discuss two related issues, focusing on pornographic films. The first concerns the status of pornographic films as fiction; it is misleading and unhelpful to tell teenagers and young adults that pornography is ‘just fiction’, as is sometimes proposed, but it is not clear what more effective and accurate message might be offered instead. The second concerns the ways that pornographic films often present the people (and in particular the women) who perform in them as ideals or archetypes when it comes to what kinds of sexual acts people typically choose and enjoy, which I argue is a neglected form of objectification. I briefly evaluate some suggestive examples of proposed messaging, targeted at teens and young adults. (shrink)

The contemporary Women’s Movement has generated major new theories of the social construction of gender and male power. The feminist attack on the masculinist assumptions of cognitive psychology, psychoanalysis and most of the other academic disciplines has raised questions about some basic assumptions of those fields. For example, feminist economists have questioned the public/private split of much of mainstream economics, that ignores the social necessity of women’s unpaid housework and childcare. Feminist psychologists have challenged cognitive and psychoanalytic categories of human (...) moral and gender development arguing that they are biased toward the development of male children rather than female children. Feminist anthropologists have argued that sex/gender systems, based on the male exchange of women in marriage, have socially produced gender differences in sexuality and parenting skills which have perpetuated different historical and cultural forms of male dominance. Feminist philosophers and theorists have suggested that we must reject the idea of a gender-free epistemological standpoint from which to understand the world. Finally radical feminists have argued that the liberal state permits a pornography industry that sexually objectifies women, thus legitimizing male violence against women. (shrink)

This book is about how the systematic application of some basic principles of applied ethics yields some surprising and very unpopular results. In particular, Kershnar investigate three areas: sex, discrimination, and violence. The book argues that the following are some permissible in theory and practice. (1) Adult-child sex (2) Watching rape-pornography (3) State universities discriminating against women (4) The U.S. denying welfare to immigrants (5) Interrogational torture (6) Assassination In addition, the book argues that different races likely have different (...) per capita moral value and that equal opportunity is not valuable. These controversial conclusions will no doubt spur animated and thoughtful discussion amongst readers. (shrink)

When Betty Friedan published The Feminine Mystique in 1963, the book exploded into women's consciousness. Before the decade was out, what had begun as a campaign for women's civil rights transformed into a diverse and revolutionary movement for freedom and social justice that challenged many aspects of everyday life long accepted as fixed: work, birth control and abortion, childcare and housework, gender, class, and race, art and literature, sexuality and identity, rape and domestic violence, sexual harassment, pornography, and more. (...) This was the women's liberation movement, and writing--powerful, personal, and prophetic--was its beating heart. Fifty years on, in the age of #MeToo and Black Lives Matter, this visionary and radical writing is as relevant and urgently needed as ever, ready to inspire a new generation of feminists. Activists and writers Alix Kates Shulman and Honor Moore have gathered an unprecedented collection of works--many long out-of-print and hard to find--that catalyzed and propelled the women's liberation movement. Ranging from Friedan's Feminine Mystique to Backlash, Susan Faludi's Reagan-era requiem, and framed by Shulman and Moore with an introduction and headnotes that provide historical and personal context, the anthology reveals the crucial role of Black feminists and other women of color in a decades long mass movement that not only brought about fundamental changes in American life--changes too often taken for granted today--but envisioned a thoroughgoing revolution in society and consciousness still to be achieved"--Back cover. (shrink)

During the last 25 years, rape law has undergone a profound transformation, as the articles in this symposium clearly show. To mention just three of the more striking doctrinal reformations: All states have repealed the most egregious aspects of die marital rape exception; most have abandoned the “utmost resistance” requirement; and all have enacted rape shield laws to protect complaining witnesses from intrusive inquiries into their sexual history. All three reforms were the product of feminist agitation, all (...) three were aimed toward the general end of redirecting rape law toward the protection of women's, rather than men's, interests, and all three did, to some degree, broaden and democratize the scope of the law's protection: Wives, prostitutes, promiscuous girls, and women not inclined to risk their deaths by fighting off their rapists “to the utmost” are now protected by the law of rape against sexual assault, at least in theory, and at least to the same degree as non-wives and non-prostitutes, fighters, and virgins. All of this, virtually every contributor to this symposium agrees, is very much to the good. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 41, no. 2. © 2015 by Feminist Studies, Inc. 409 Ariane Cruz Beyond Black and Blue: BDSM, Internet Pornography, and Black Female Sexuality I have been the meaning of rape I have been the problem everyone seeks to eliminate by forced penetration with or without the evidence of slime and/ but let this be unmistakable in this poem is not consent I do not consent —June (...) Jordan, Poem about My Rights Introduction: The Evidence of Slime Slavery, itself a kind of “slime,” remains an active marketplace for the production of Black female sexuality and its representations.1 The impact of chattel slavery and the pervasive rape of Black female slaves on modern 1. In using the term “Black women,” I am referring to African American women for whom the history of chattel slavery in the Americas has produced the socio-historical conditions that uniquely inform Black female subjectivity and sexual politics. My use of this term is not to essentialize Black American womanhood; rather, like Black feminist scholar Patricia Hill Collins, I use the term to gesture to a Black women’s standpoint influenced by the condition and experience of gendered and racialized abjection, a “common experience of being Black women in a society that denigrates women of African descent.” Patricia Hill Collins, Black Feminist Thought: Knowledge, Consciousness and the Politics of Empowerment (London: Routledge, 1990), 22. In this essay, I focus on Black women who practice BDSM, a small but nonetheless heterogeneous group of women in the already-marginalized larger kink community. 410 Ariane Cruz constructions and representations of Black women has been well theorized, in particular by a number of Black feminist scholars who have worked to rupture what Darlene Clark Hine terms the “culture of dissemblance,” the politics of silence shrouding expressions of Black female sexuality.2 While the antebellum legacy of sexual violence on Black women is substantive, what has not been effectively considered is how Black women deliberately employ the shadows of slavery in the deliverance and/or receiving of sexual pleasure. That is, how the “slime”—a staining sludge of pain and violence—becomes a type of lubricant to stimulate sexual fantasies, access sexual pleasure, and heighten sexual desire. In this paper, I explore how Black women facilitate a complex and contradictory negotiation of pain, pleasure, and power in their performances in the fetish realm of BDSM.3 Situating my analysis in the context of hardcore BDSM Internet pornography and the controversial praxis of race play, I argue that BDSM is a critical site from which to reimagine the formative links between Black female sexuality and violence. Race play is a BDSM practice that explicitly uses race to script power exchange and the dynamics of domination and submission. Most commonly an interracial erotic play, race play employs racism, often involving the exchange of racist language, role-playing, and the construction of racist scenes. Eroticizing not just racism, but the miscegenation taboo, racial difference, and (hyper) 2. See Darlene Clark Hine, “Rape and the Inner Lives of Black Women in the Middle West,” Signs 14, no. 4 (1989): 912–920. For more on Black female slave sexual assault and its aftermath, see Hazel V. Carby, Reconstructing Womanhood: The Emergence of the Afro-American Woman Novelist (Oxford: Oxford University Press, 1987); Ann duCille, “‘Othered’ Matters: Reconceptualizing Dominance and Difference in the History of Sexuality in America,” Journal of the History of Sexuality 1, no. 1 (1990): 102–27; Elsa Barkley Brown, “Imaging Lynching: African American Women, Communities of Struggle, and Collective Memory,” in African American Women Speak Out on Anita Hill-Clarence Thomas, ed. Geneva Smitherman (Detroit, MI: Wayne State University Press, 1995), 100–24; and Cheryl Harris, “Whiteness As Property,” Harvard Law Review 106, no. 8 (June 1993): 1707–91. 3. BDSM is an umbrella term that stands in for bondage/discipline (B/D), domination /submission (D/S), and sadism/masochism or sadomasochism (S/M). For the purposes of this paper I exchange S/M, S&M, and/or SM with the more contemporary label BDSM. For more about the terminology of BDSM, see Margot Weiss, Techniques of Pleasure: BDSM and the Circuits of Sexuality (Durham, NC: Duke University Press, 2011). Ariane Cruz 411 racialization itself... (shrink)