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Nussbaum, Martha. Sex and Social Justice
1999, Oxford University Press.

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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.

Comment: Chapter 'Judging Other Cultures: The Case of Genital Mutilation' can be particularly useful in illustrating the debate on universality vs relativity of ethical norms and values, and in discussing the legitimacy of imposing cultural norms of one culture upon another.

Friedman, Marilyn. Autonomy, Social Disruption, and Women
2000, in Mackenzie, C. and Stoljar, N. (Eds.) Relational Autonomy: Feminst Perspectives on Autonomy, Agency, and the Social Self. Oxford: Oxford University Press. 35-51.

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Added by: Carl Fox

Abstract: This chapter develops a point made in preceding chapters that autonomy, although socially grounded, has an individualizing dimension — a dimension that is defend against the worries of critics. The main thesis is that: at the same time that we embrace relational accounts of autonomy, we should also be cautious about them. Autonomy increases the risk of disruption in interpersonal relationships. While this is an empirical and not a conceptual claim about autonomy, nevertheless, the risk is significant and its bearing on the value of autonomy is therefore empirically significant. It makes a difference in particular to whether the ideal of autonomy is genuinely hospitable to women.

Comment: This chapter presents an account of autonomy that sits between highly relational and highly individual accounts of autonomy.

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Brake, Elizabeth. Rawls and Feminism: What Should Feminists Make of Liberal Neutrality?
2004, Journal of Moral Philosophy 1 (3):293-309.

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Added by: Carl Fox

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.

Comment: A sympathetic treatment of Rawls's Political Liberalism from a feminist perspective. It introduces the alleged clash between liberalism and feminism in a clear way and goes on to argue that (political) liberalism's commitment to substantive rather than merely formal equality makes it compatible with core feminist concerns.

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