This paper investigates the possibility of what Sally Haslanger calls ‘ideology critique’. It argues that ideology critique cannot rely on epistemological considerations alone but must be based on a normative political theory. Since ideological oppression is denied by those who suffer from it is it is not possible to identify privileged epistemological standpoints in advance.
You can read the paper here.
This paper investigates the possibility of what Sally Haslanger calls “ideology critique.” It argues that ideology critique cannot rely on epistemological considerations alone but must be based on a normative political theory. Since ideological oppression is denied by those who suffer from it is it is not possible to identify privileged epistemological standpoints in advance.
Feminist Political Quarterly (Vol. 3 No. 2, 2017).
The title of this paper is “Judging Women”, a phrase that can be understood in three senses. First, when is it acceptable or necessary to make judgements about what women do? Feminists may be wary of subjecting women’s choices and actions to criticism, but the paper argues that such criticism is implied by a feminist perspective on patriarchy, a perspective which is necessarily critical. Second, when can women engage in the act of judging? The paper argues that being judgmental is popularly considered a vice, but only when done by women. Feminism should insist on women’s right to judge. Third, how are we to judge who counts as a woman? The paper investigates the commonalities and contrasts between feminism and trans issues, and discusses the concepts of essentialism and transphobia. The focus throughout is on MacKinnon’s work, which offers profound, sustained, rich analysis of these questions but does not fully resolve them.
You can read the paper here.
(Oxford University Press, 2017)
Available to order now! Use the code AAFLYG6 at www.oup.com to buy the book at 30% off.
You can read the book on Oxford Scholarship Online here.
Against Marriage is a radical argument for the abolition of state-recognised marriage. Clare Chambers argues that state-recognised marriage violates both equality and liberty, even when expanded to include same-sex couples. Instead Chambers proposes the marriage-free state: an egalitarian state in which religious or secular marriages are permitted but have no legal status.
Part I makes the case against marriage. Chambers investigates the critique of marriage that has developed within feminist and liberal theory. Feminists have long argued that marriage is a violation of equality since it is both sexist and heterosexist. Chambers endorses the feminist view and argues, in contrast to recent egalitarian pro-marriage movements, that same-sex marriage is not enough to make marriage equal. Chambers argues that state-recognised marriage is also problematic for liberalism, particularly political liberalism, since it imposes a controversial, hierarchical conception of the family that excludes many adults and children.
Part II sets out the case for the marriage-free state. Chambers critically assesses recent theories that attempt to make marriage egalitarian, either by replacing it with relationship contracts or by replacing it with alternative statuses such as civil union. She then sets out a new model for the legal regulation of personal relationships. In the marriage-free state regulation is based on relationship practices not relationship status, and these practices are regulated separately rather than as a bundle. The marriage-free state thus employs piecemeal, practice-based regulation. Finally, Chambers considers how the marriage-free state should respond to unequal religious marriage. The result is an inspiring egalitarian approach that fits the diversity of real relationships.
Introduction: “The Marriage-Free State”
Chapter 1: “Marriage as a Violation of Equality”
Chapter 2: “Marriage as a Violation of Neutrality”
Chapter 3: “A Liberal Defence of Marriage?”
Chapter 4: “The Limitations of Contract”
Chapter 5: “Regulating Relationships in the Marriage-Free State”
Chapter 6: “Marriage in the Marriage-Free State”
Part One, “Against Marriage,” sets out objections to marriage regimes. Chapter 1, “Marriage as a Violation of Equality,” makes the foundational egalitarian case against marriage. It starts with a historical overview of feminist objections to marriage and notes that feminists tend to criticise marriage for being both sexist and heterosexist. This two-pronged attack looks puzzling. How can it be both bad for women to be married and bad for lesbians and gays to be unmarried? The discussion continues with an analysis of whether same-sex marriage is egalitarian. It concludes that, in a marriage regime, same-sex marriage is both required by and insufficient for equality. Finally, the chapter argues that reformed versions of marriage such as civil union still enact inequality between those who have and those who lack the relevant status. It follows that the abolition of state-recognised marriage best meets the myriad egalitarian objections to the institution.
Chapter 2, “Marriage as a Violation of Liberty,” considers liberal objections to marriage. Perfectionist or comprehensive liberals should reject state-recognised marriage as limiting autonomy in the service of an unappealing and restrictive model of human perfection. But political liberals should go further, and reject state-recognised marriage as prima facie incompatible with neutrality. The chapter clarifies the nature of political liberal neutrality, and establishes that there are many reasonable conceptions of the good that are not compatible with the state recognition of marriage. This fact means that marriage is not a neutral, political institution, and that promotion of it is an act of perfectionism.
The chapter then discusses the idea that political liberalism might be compatible with policies that are prima facie non-neutral if those policies can be supported by public reason. Political liberalism is ambiguous between two forms of neutrality: strict and lax. Strict neutrality allows state action only if sufficiently weighty public reasons can be adduced in favour of a policy; lax neutrality permits the state to act just as long as some public reason can be given. If political liberalism is to be an interesting philosophical approach it will defend strict neutrality, so any public reasons offered in support of state-recognised marriage must be weighty enough to overcome the non-neutrality of that institution.
This line of argument continues in Chapter 3, “A Liberal Defence of Marriage?” This chapter considers and rejects five potential liberal arguments in favour of marriage: arguments that, if successful, might work as public reasons for political liberals or might make marriage into an attractive account of human flourishing for perfectionist or comprehensive liberals. These arguments are based on communication, gender equality, care, the interests of society, and children’s interests. The chapter argues that, while these arguments do highlight legitimate public goods, they fail to show that state-recognised marriage is a necessary or acceptable way of achieving them.
If marriage is no longer to be recognized by the state, what should replace it? Part Two, “The Marriage-Free State,” answers this question. Many theorists defend relationship contracts. Some argue that enforceable relationship contracts should be available alongside existing or reformed state-recognised marriage, and available to either married or unmarried couples. Other theorists argue that relationship contracts are the best sort of legal regulation to replace marriage. It is this latter question that is the subject of Chapter 4: “The Limitations of Contract.” The chapter contrasts contract and directive models of regulation, and notes that contract appears more compatible with liberty than does directive. However this appearance is illusory since contracts can undermine liberty, directives can enhance liberty, and even a contract regime requires default directives. Moreover, there are various problems with the enforcement of relationship contracts. Specific performance is rarely appropriate in the relationship context. The alternative, fault-based compensatory alimony, risks causing injustice to vulnerable parties such as those who take on caring responsibilities (usually women) and children. Relational contract theory attempts to deal with some of these problems but has its own limitations. The chapter concludes that contract is not the best replacement for marriage.
Chapter 5, “Regulating Relationships in the Marriage-Free State,” sets out a new model for regulating personal relationships, one that relies on neither contract nor a holistic status such as marriage or civil partnership. Critics of marriage have suggested one of these two options, with most recent feminist and egalitarian work focusing on alternative holistic statuses such as Tamara Metz’s Intimate Care-Giving Unions or Elizabeth Brake’s Minimal Marriages. These new holistic statuses, while they improve on marriage, do not avoid a fundamental problem for egalitarians: an unjust distinction between those who have, and those who lack, that status. Instead, the chapter sets out three features of regulation in the marriage-free state. First, it is piecemeal not holistic: relationship functions are regulated separately, without assuming bundling or an ideal-typical relationship format. Second, it proceeds via practices not status: regulation applies to those who are acting in certain ways rather than being dependent on a status that must be formally acquired. Third, liberty is secured by opting out of default regulations rather than opting in. This model of regulation is compared with alternatives found in both political philosophy and legal practice.
Finally Chapter 6, “Marriage in the Marriage-Free State,” considers the extent to which the state should seek to regulate any private religious or secular marriages that citizens might enter into. In the marriage-free state citizens could still take part in religious or secular marriage ceremonies. This is why the marriage-free state is not a marriage-free society. It does not follow, however, that the state should take no interest at all in such marriages, since they may take place in the context of oppression or injustice. The chapter sets out the case for intervention in marriages that are not recognised by the state, drawing on the model of liberal intervention in cultural practices set out in my first book Sex, Culture, and Justice: The Limits of Choice.
For some feminists liberalism is little more than patriarchy in disguise; for others, it is the framework for securing justice. Feminism, like all other positions in political philosophy, is a range of views rather than a single determinate viewpoint. One aspect of this range is that feminism includes both academics and activists, for whom the term ‘liberalism’ can signify rather different things; after all, liberalism is not one single thing either.
In this chapter I start by considering feminist criticisms of liberalism. I discuss two aspects of feminist critique: first, academic feminist critiques of non-feminist liberal philosophy; second, activist feminist critiques of what is variously called “choice feminism”, “third-wave feminism”, or simply “liberal feminism”.
I then move to those feminists who endorse liberalism and argue that a suitably modified liberalism offers the best path to gender equality. This position, “feminist liberalism,” is mostly found in contemporary Anglo-American political philosophy. Feminist liberals understand liberalism as a commitment to substantive, demanding principles of justice based on freedom and equality. Included in this section are those feminist approaches that combine radical feminism’s insights about the limitations of individual choice with feminist liberalism’s commitment to autonomy, equality, and justice.
See more about the book here.
In The Oxford Handbook of Classics in Contemporary Political Theory, edited by Jacob T. Levy (OUP, forthcoming).
This chapter provides a critical introduction to Judith Butler’s classic work Gender Trouble, including an analysis of the impact it has made on political theory.
The chapter is online first and you can read it here.
I responded to a paper by Nancy Bauer at this conference in Birkbeck in June 2015, organised by Prof Susan James. Details here.
I was delighted to be a representative of contemporary political philosophy, talking about Feminism in Philosophy, in this year’s Balzan-Skinner conference in the History of Political Thought. Find details here. The conference is on 22 May 2015.
I spoke at the WOW – Women of the World – Festival in Cambridge in March 2015, on a panel on Women’s Bodies, Private Places.
Women’s bodies, who do they belong to? A wide- ranging, multi-generational and diverse panel will explore issues around life as a woman. From boobs and body hair to body image and periods, how have attitudes changed and who decides what’s ‘right’? In conversation will be Dr Clare Chambers, author of ‘Fat is a Feminist Issue’ Susie Orbach, Roz Hardie, CEO of campaign group Object, Debra Bourne from All Walks Beyond the Catwalk, poet, singer, writer and actor Keisha Thompson, Alice Wroe from the Herstory project, trans woman Dr Rachael Padman and Becky Talbot from Dhiverse.
See the programme here.
An interview with me, focusing on my work in Sex, Culture, and Justice. Read the interview here.
Clare Chambers chews over the core philosophical issues of sex, culture and justice for liberal feminists, brooding on practices of physical modification, social construction’s role in negotiating claims of universalism and tolerance, Foucault and the panopticon, Bourdieu and habitus, Mackinnon’s critique of liberal feminism, taking violence against women seriously, Benhabib’s discourse ethics, how not to be a relativist, of what kind of universality is worth defending and of the state of academic philosophy and feminism. This is a voice from a war zone. Listen up!
Proceedings of The Aristotelian Society (2013). This paper sets out the case for abolishing state-recognised marriage and replacing it with piecemeal regulation of personal relationships. It starts by analysing feminist objections to traditional marriage, and argues that the various feminist critiques can best be reconciled and answered by the abolition of state-recognised marriage. The paper then considers the ideal form of state regulation of personal relationships. Contra other recent proposals equality and liberty are not best served by the creation of a new holistic status, such as civil union, or by leaving regulation to private contracts. Instead, the state should develop piecemeal regulations that apply universally. You can read the paper and listen to the podcast here.
The Andrea Dworkin Commemorative Conference was held at the Centre for the Study of Social Justice (CSSJ), University of Oxford, in 2006. You can hear the podcasts of the day here, with thanks to the CSSJ for allowing them to be posted.
Michael Moorcock, “Andrea Dworkin’s fiction”
Julie Bindel, “Myths about Andrea Dworkin”
John Stoltenberg, “What Andrea knew about her work”
Professor Catharine A. MacKinnon, “Going Her Own Way”
I made a live appearance on BBC Radio 4’s Woman’s Hour, discussing ideas from Sex, Culture, and Justice in the context of a debate on cosmetic surgery and the concept of ‘normal’, on 31st July 2012. You can listen to the debate right here via the sound file below. The segment begins at 33m, I am on at 37m.
Edited excerpt from Sex, Culture, and Justice published by UK Feminista as their first Thinkpiece on “Cosmetic Surgery, Culture, and Choice”. Find it here.
In Section 50 of Justice as Fairness: A Restatement, titled “The Family as a Basic Institution”, John Rawls replies to Susan Moller Okin’s feminist critique of A Theory of Justice. The question of how Rawlsian justice might secure gender equality has been discussed by many feminists, most notably by Okin. However, as I argue in this chapter, the Rawls-Okin debate raises more questions than it answers. Okin criticises Rawls for failing to apply his theory adequately to the family: she criticises not Rawls’s approach in general, but his attitude to the family in particular. Okin argues that a consistent application of Rawlsian theory would secure gender justice, but that Rawls is remiss in refusing such consistency. In fact, as I show, Rawls’s remarks on the family reveal a more fundamental problem with Rawlsian theory than Okin allows. It is not that Rawls fails to apply his theory correctly to the family, but rather that the specific case of the family illustrates deep-seated difficulties with Rawlsian justice as a whole.
The problem, to give an outline, is that Rawls’s ambiguous remarks on the family are comprehensible only at the expense of his fundamental claim that there is something distinctive about the application of justice to the basic structure. Okin criticises Rawls for failing to make good on the fact that the family is part of the basic structure. If he did make good, Okin claims, he would see that the principles of justice must apply to the family in a much more extensive way than he actually allows. As I show, however, the family is one illustration of the fact that how the principles of justice apply to an institution does not depend on whether that institution is part of the basic structure. This is a problem for Rawls because the distinctiveness of the basic structure is a crucial part of the political liberalism which, by the end of his work, has become essential to the Rawlsian project.
In this chapter I first outline Okin’s critique of Rawls in more detail, and provide a valid formalisation of her argument against Rawls. I then examine the main premises of her argument and look for evidence to support Okin’s interpretation of Rawls. I conclude that Okin’s interpretation is flawed but nonetheless highlights problems with Rawls’s claim that the basic structure is the subject of justice. I then consider and reject the argument that Rawls’s theory is consistent according to what I call the “whole structure view”: that the principles of justice apply to the basic structure considered as a whole. Finally, I consider G.A. Cohen’s argument that the basic structure distinction is problematic. I agree with Cohen’s criticism of the distinction, but suggest that Cohen is wrong in situating the problem with the issue of coercion. I conclude that Rawls’s position on justice in the family is at odds with his claim that the basic structure is uniquely the subject of justice.
You can see more about the book here.
This chapter sets out the state of contemporary feminism, including considering the sense in which it is and is not an ideology. It argues that contemporary feminism must argue against two patriarchal claims: The Prison of Biology and The Fetishism of Choice. In their place, feminism argues for three theses: The Entrenchment of Gender, The Existence of Patriarchy, and The Need for Change.
You can read the chapter here.
This paper claims that a focus on gender as a source of controversy, and on feminism as a theoretical and practical approach, prompts a rethinking of the role of dialogue away from the liberal constitutionalist focus of deliberative democracy and towards a more fluid, reflexive approach.
(Penn State University Press, 2008)
Autonomy is fundamental to liberalism. But autonomous individuals often choose to do things that harm themselves or undermine their equality. In particular, women often choose to participate in practices of sexual inequality-cosmetic surgery, gendered patterns of work and childcare, makeup, restrictive clothing, or the sexual subordination required by membership in certain religious groups. In this book, Clare Chambers argues that this predicament poses a fundamental challenge to many existing liberal and multicultural theories that dominate contemporary political philosophy. Chambers argues that a theory of justice cannot ignore the influence of culture and the role it plays in shaping choices. If cultures shape choices, it is problematic to use those choices as the measure of the justice of the culture. Drawing upon feminist critiques of gender inequality and poststructuralist theories of social construction, she argues that we should accept some of the multicultural claims about the importance of culture in shaping our actions and identities, but that we should reach the opposite normative conclusion to that of multiculturalists and many liberals. Rather than using the idea of social construction to justify cultural respect or protection, we should use it to ground a critical stance toward cultural norms. The book presents radical proposals for state action to promote sexual and cultural justice.
“[A]n interesting, important, wide-ranging and well-argued book that contains a controversial proposal that will, no doubt, be widely debated.”
—Times Higher Education
“[A]n important book. … Very few first-rate analytical thinkers … engage with social theorists: Chambers is a notable exception, and if only for that reason, her contribution should serve as a model for any endeavour of this kind. … Moreover, its strength lies not merely in the author’s mastery of two disparate intellectual traditions, but also in its cogent and provocative defence of a number of proposals.“
“[E]xtremely successful. … Testament to her scholarly rigour, Chambers skilfully avoids alienating either side of the academic divide [between analytical and continental philosophy]; achieving her stated aim, she undermines the foundations upon which such divides are rooted. … This opportune and tightly argued work reveals the extent to which equality and justice cannot be guaranteed by a political liberalism which venerates autonomy to the exclusion of other important values. Setting itself apart from other work in its field, this book forms, albeit on its own terms, part of the solution.”
“Chambers’ work makes a highly valuable contribution to contemporary philosophical debates. … Chambers’ work represents a great advance in attempting to forge a path between two positions which are so often considered to be diametrically opposed. The project … is a vital one. … [T]he value of the theoretical contribution, both to liberal and feminist philosophy, is indisputable.”
“Her interwoven arguments … are complex, meticulous and inventive. … [T]here is real potential here for this book to alter mainstream liberal thinking.”
“An incisive, well-written book with a sustained, original argument.”
—Ruth Abbey, University of Notre Dame
“The book contributes significantly to the literature of liberalism, autonomy, and feminism.”
—Ann Cudd, University of Kansas
“Chambers’ refreshing approach has the potential to expand the scope of conventional liberal theory by showing how liberals can (and should) directly meet the challenge of postmodern approaches and by demonstrating that feminist contributions are the well from which most innovations in liberalism are drawn.”
—Avigail Eisenberg, University of Victoria
Catriona McKinnon (ed.) Issues in Political Theory (Oxford University Press, 2008, 2nd edition 2011).
This textbook from OUP introduces the key issues and themes in political theory
through chapters and case studies written by a variety of international political philosophers. My chapter on gender discusses issues such as the varieties of feminism, the family and care, sex and violence, legal equality, and has a special case study on pornography.
This article argues that the feminist turn to Pierre Bourdieu in an attempt to conceptualise the tension between freedom and agency is helpful, but is made more so when the similarities between the work of Bourdieu and radical feminist Catharine MacKinnon are noticed. MacKinnon’s strategies for change, particularly consciousness-raising, are well suited to a Bourdieuean approach.
You can read the paper here.
This paper criticises Sawitri Saharso’s argument that hymen repair surgery and sex-selective abortion can be both multiculturalist and feminist policies.
You can read the paper here.
This paper outlines two forms of autonomy, and argues that political liberals such as Martha Nussbaum wrongly prioritise second-order autonomy. As a result, they cannot provide adequate criticism of unjust social norms. The two cases of breast implants and female genital mutilation are compared to illustrate this point.