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Added by: Andrea Blomqvist, Contributed by: Rory Wilson
Abstract: In this paper, we defend two main claims. The first is a moderate claim: we have a negative duty to not use binary gender-specific pronouns he or she to refer to genderqueer individuals. We defend this with an argument by analogy. It was gravely wrong for Mark Latham to refer to Catherine McGregor, a transgender woman, using the pronoun he; we argue that such cases of misgendering are morally analogous to referring to Angel Haze, who identifies as genderqueer, as he or she. The second is a radical claim: we have a negative duty to not use any gender-specific pronouns to refer to anyone, regardless of their gender identity. We offer three arguments in favor of this claim (which appeal to concerns about inegalitarianism and risk, invasions of privacy, and reinforcing essentialist ideologies). We also show why the radical claim is compatible with the moderate claim. Before concluding, we examine common concerns about incorporating either they or a neologism such as ze as a third-person singular gender-neutral pronoun. These concerns, we argue, do not provide sufficient reason to reject either the moderate or radical claim.Langton, Rae, Jennifer Hornsby. Free Speech and Illocution1998, Legal Theory 4(1): 21-37.-
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Added by: Emily Paul
Abstract: We defend the view of some feminist writers that the notion of silencing has to be taken seriously in discussions of free speech. We assume that what ought to be meant by 'speech', in the context 'free speech', is whatever it is that a correct justification of the right to free speech justifies one in protecting. And we argue that what one ought to mean includes illocution, in the sense of J.L. Austin.Comment: Very useful for an ethics course element on free speech, or for a feminist philosophy course, or indeed a philosophy of language (trap with the latter is that essays might become too 'ethics'-y). Would definitely be suitable as a core text, with set questions focusing on different elements of the paper to draw out the key arguments. Students could be asked whether they agree with this definition of free speech, and to apply it in different contexts that have recently been in the news.
Jenkins, Katharine. Amelioration and Includion: Gender Identity and the Concept of Woman2016, Ethics 126(2): 394-421.-
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Added by: Emily Paul
Abstract: Feminist analyses of gender concepts must avoid the inclusion problem, the fault of marginalizing or excluding some prima facie women. Sally Haslanger's 'ameliorative' analysis of gender concepts seeks to do so by defining woman by reference to subordination. I argue that Haslanger's analysis problematically marginalizes trans women, thereby failing to avoid the inclusion problem. I propose an improved ameliorative analysis that ensures the inclusion of trans women. This analysis yields 'twin' target concepts of woman, one concerning gender as class and the other concerning gender as identity, both of which I hold to be equally necessary for feminist aims.Comment: In my view this paper is a 'must include' in any feminist philosophy course with a unit on the metaphysics of gender - or on a social ontology course. Especially useful in conjunction with Haslanger's 'Gender and Race: (What) are they? (What) do we want them to be?'
Langton, Rae. Speech Acts and Unspeakable Acts1993, Philosophy and Public Affairs 22(4): 293-330.-
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Added by: Emily Paul
Summary: Considers the idea of construing Pornography as a speech act - what this would mean, and the implications that follow from this. Examines arguments that pornography can i) subordinate and ii) silence women.Comment: Great paper for a feminist philosophy course - in particular, for a unit on Pornography. It could be good to set seminar questions asking (for example) how, according to Langton, pornography silences women. It could also be good to get students to be clear on Langton's three different types of speech act, and to give their own examples of these. (The 3 being illocutionary, perlocutionary and locutionary).
Hurd, Heidi. The Moral Magic of Consent1996, Legal Theory 2(2): 121-146.-
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Added by: Carl Fox
Abstract: We regularly wield powers that, upon close scrutiny, appear remarkably magical. By sheer exercise of will, we bring into existence things that have never existed before. With but a nod, we effect the disappearance of things that have long served as barriers to the actions of others. And, by mere resolve, we generate things that pose significant obstacles to others' exercise of liberty. What is the nature of these things that we create and destroy by our mere decision to do so? The answer: the rights and obligations of others. And by what seemingly magical means do we alter these rights and obligations? By making promises and issuing or revoking consent When we make promises, we generate obligations for ourselves, and when we give consent, we create rights for others. Since the rights and obligations that are affected by means of promising and consenting largely define the boundaries of permissible action, our exercise of these seemingly magical powers can significantly affect the lives and liberties of othersComment: Good introduction to the topic of consent as it makes clear both how strange it is as a power and how pervasive it is in our moral practices. Goes on to provide an interesting argument for consent as a subjective mental state and offers an account of what that might be. Could support a lecture or seminar on consent, or would make good further reading if the topic is only touched on briefly.
Pitkin, Hanna. Obligation and Consent – II1966, The American Political Science Review 60, March: 39-52.-
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Added by: Carl Fox
Introduction: [The doctrine of "hypothetical consent"] teaches that your obligation depends not on any actual act of consenting, past or present, by yourself or your fellow-citizens, but on the character of the government. If it is a good, just government doing what a government should, then you must obey it; if it is a tyrannical, unjust government trying to do what no government may, then you have no such obligation. Or to put it another way, your obligation depends not on whether you have consented but on whether the government is such that you ought to consent to it, whether its actions are in accord with the authority a hypothetical group of rational men in a hypothetical state of nature would have (had) to give to any government they were founding. Having shown how this formulation emerges from Locke's and Tussman's ideas, I want now to defend it as a valid response to what troubles us about political obligation, and as a response more consonant than most with the moral realities of human decisions about obedience and resistance. At the same time the discussion should also demonstrate how many different or even conflicting things that one might want to call "consent" continue to be relevant - a fact which may help to explain the tenacity of traditional consent theory in the face of its manifest difficulties. Such a defense and demonstration, with detailed attention to such decisions, are difficult; the discussion from here on will be more speculative, and will raise more questions than it answers.Comment: Largely superseded by later work (see, for instance, Stark's 'Hypothetical Consent and Justification'), but still an interesting exploration of hypothetical consent and legitimate authority, as well as offering further critique of actual consent theories of political obligation. Would make for good further reading or an option for anyone attracted to more of a history of philosophy approach.
Pitkin, Hanna. Obligation and Consent – I1965, The American Political Science Review 59, December: 990-999.-
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Added by: Carl Fox
Introduction: One might suppose that if political theorists are by now clear about anything at all, they should be clear about the problem of political obligation and the solution to it most commonly offered, the doctrine of consent. The greatest modern political theorists took up this problem and formulated this answer. The resulting theories are deeply imbedded in our American political tradition; as a consequence we are al- ready taught a sort of rudimentary consent theory in high school. And yet I want to suggest that we are not even now clear on what "the problem of political obligation" is, what sorts of "answers" are appropriate to it, what the con- sent answer really says, or whether it is a satis- factory answer. This essay is designed to point up the extent of our confusion, to explore some of the ground anew as best it can, and to invite further effort by others. That such effort is worthwhile, that such political theory is still worth considering and that it can be made genuinely relevant to our world, are the assump- tions on which this essay rests and the larger message it is meant to conveyComment: Still a good introduction to the topic of political obligation and does a nice job of distinguishing some of the main questions within that topic. Very thorough discussion of Locke. The third section on Tussman is a bit dated, but does discuss some of the issues surrounding political obligation and children and adults who are not fully competent.
Haslanger, Sally. Resisting reality: Social Construction and Social Critique2012, OUP USA.-
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Added by: Laura Jimenez
Publisher's Note: Contemporary theorists use the term "social construction" with the aim of exposing how what's purportedly "natural" is often at least partly social and, more specifically, how this masking of the social is politically significant. In these previously published essays, Sally Haslanger draws on insights from feminist and critical race theory to explore and develop the idea that gender and race are positions within a structure of social relations. On this interpretation, the point of saying that gender and race are socially constructed is not to make a causal claim about the origins of our concepts of gender and race, or to take a stand in the nature/nurture debate, but to locate these categories within a realist social ontology. This is politically important, for by theorizing how gender and race fit within different structures of social relations we are better able to identify and combat forms of systematic injustice. Although the central essays of the book focus on a critical social realism about gender and race, these accounts function as case studies for a broader critical social realism.Comment: The book as a whole explores the interface between analytic philosophy and critical theory. As it is a collection of essays, particular chapters can easily be used separately, some serving as introductory, others as more advanced readings. It could be of interest for undergraduate or postgraduate courses in political philosophy, philosophy of language and philosophical methodology.
Haslanger, Sally. Gender and Race: (What) Are They? (What) Do We Want Them To Be?2000, Nous 34(1): 31-55.-
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Added by: Carl Fox
Abstract: This paper proposes social constructionist accounts of gender and race. The focus of the inquiry--inquiry aiming to provide resources for feminist and antiracist projects--are the social positions of those marked for privilege or subordination by observed or imagined features assumed to be relevant to reproductive function, or geographical origins. I develop these ideas and propose that other gendered and racialized phenomena are usefully demarcated and explained by reference to these social positions. In doing so, I address the concern that attempts to define race or gender are misguided because they either assume a false commonality or marginalize some members of the group in question.Comment: Seminal reading for modules on gender or race.
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Dembroff, Robin, Wodak, Daniel. He/She/They/Ze
2018, Ergo: An Open Access Journal of Philosophy, 5(14): 371 - 406.
Comment: This text can be used as a companion piece to other texts on the metaphysics of gender or to introduce students to transgender / nonbinary identities. Dembroff and Wodak give a good overview of the importance of pronouns as well as the contemporary pronoun debate between they and ze for those with little to no prior background. This paper is good for debate over its radical claim.