Medically unnecessary genital cutting and the child’s right to bodily integrity: an international expert consensus statement

In American Journal of Bioethics Vol. 19 (2019).

Keeping our focus exclusively on a Western context for the purposes of this article, we argue as follows: Under most conditions, cutting any person’s genitals without their informed consent is a serious violation of their right to bodily integrity. As such, it is morally impermissible unless the person is nonautonomous (incapable of consent) and the cutting is medically necessary.

This paper is authored by the Brussels Collaboration on Bodily Integrity (2019).

This work grew out of informal discussions among participants in the G3 International Experts Meeting on FGM/C in Brussels, Belgium, May 20-22, 2019, along with other scholarly collaborators. We are physicians, ethicists, nurse-midwives, public health professionals, legal scholars, political scientists, anthropologists, psychologists, sociologists, philosophers, and feminists from Africa, Asia, Australasia, Europe, the Middle East, and the Americas with interdisciplinary expertise in child genital cutting practices across a wide range of cultural contexts. 

You can read the paper here.

Corresponding author: Brian D. Earp, Associate Director, Yale-Hastings Program in Ethics and Health Policy, Yale University and The Hastings Center, 2 Hillhouse Avenue, New Haven, CT, 06511, USA. E-mail:

Judging Women: 25 Years Further Toward a Feminist Theory of the State

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.

The Marriage-Free State

AS-logoProceedings 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 or on the OUP Philosophy Festival Reading List here.

Each outcome is another opportunity

home_coverPolitics, Philosophy and Economics (PPE) Vol. 8 No. 4 (2009).

This paper introduces the concept of a Moment of Equal Opportunity (MEO): a point in an individual’s life at which equal opportunity must be applied and after which it need not. The concept of equal opportunity takes many forms, and not all employ an MEO. However, the more egalitarian a theory of equal opportunity is, the more likely it is to use an MEO. The paper discusses various theories of equal opportunity and argues that those that employ an MEO are problematic. Unjust inequalities, those that motivate the use of equal opportunity, occur throughout peoples’ lives and thus go unrectified after an MEO. However, it is not possible to abandon the MEO approach and apply more egalitarian versions of equal opportunity throughout a person’s life since doing so entails problems of epistemology, efficiency, incentives and counter-intuitive results. The paper thus argues that liberal egalitarian theories of equality of opportunity are inconsistent if they support an MEO and unrealisable if they do not.

You can read this paper here.

Coercive redistribution and public agreement: re-evaluating the libertarian challenge of charity

FCRIcover 1..2(with Phil Parvin) in Matt Matravers and Lukas Meyer (eds.), Democracy, Equality, and Justice (Routledge and special issue of Critical Review of International Social and Political Philosophy (CRISPP) Vol. 13 No. 1 (2010).

In this article, we evaluate the capacity of liberal egalitarianism to rebut what we call the libertarian challenge of charity. This challenge states that coercive redistributive taxation is neither needed nor justified, since those who endorse redistribution can give charitably, and those who do not endorse redistribution cannot justifiably be coerced. We argue that contemporary developments in liberal political thought render liberalism more vulnerable to this libertarian challenge.

Many liberals have, in recent years, sought to recast liberalism such that it is more hospitable to cultural, religious, and ethnic diversity. This move has resulted in increased support for the claim that liberalism should be understood as a political rather than comprehensive doctrine, and that liberal institutions should draw their legitimacy from agreements made among members of an appropriately conceived deliberative community, rather than from controversial liberal principles like individual autonomy. We argue that, while this move may indeed make liberalism more compatible with cultural diversity, it also makes it more vulnerable to the libertarian challenge of charity. Not all versions of liberalism are troubled by the challenge, but those that are troubled by it are increasingly dominant.

We also discuss G.A. Cohen’s claim that liberal equality requires an ‘egalitarian ethos’ and argue that, if Cohen is right, it is difficult to see how there can be an adequate response to the libertarian challenge of charity. In general, our argument can be summarised as follows: the more that liberalism is concerned accurately to model the actual democratic wishes and motivations of the people it governs, the less it is able to justify coercively imposing redistributive principles of justice.

You can read a copy of this paper here.

Inclusivity and the constitution of the family

cover_july2013Canadian Journal of Law and Jurisprudence (2009, 1).

This article responds to Alan Brudner’s Constitutional Goods. It argues that Brudner’s concept of liberal inclusivity is problematic both conceptually and normatively, and results in policies on marriage and abortion that liberals would not accept. Issue No. 2 includes a response from Brudner.