Medicalised Genital Cutting and the Limits of Choice

in Female Genital Cosmetic Surgery: Interdisciplinary Analysis and Solution, edited by Sarah Creighton and Lih-Mei Lao (Cambridge University Press, forthcoming).

In this chapter I challenge the idea that an appeal to choice exonerates Female Genital Cosmetic Surgery (FGCS). My argument proceeds in five stages. First, I consider the normative role that choice plays in liberal society and philosophy. Second, I note that UK law does not treat choice as adequate for accessing FGCS. Third, I consider the relationship between choice and the concept of normality. Fourth, I consider choice in the context of cosmetic surgery generally, and analyse the distinctive features of FGCS. Fifth, I consider the policy implications of my analysis.

Conscience and Context

In Political Emotions: Toward a Decent Public Sphere, edited by Thom Brooks (Palgrave MacMillan, forthcoming).

In The New Religious Intolerance  Martha Nussbaum sets out an impassioned plea against that intolerance, which she sees as a pressing but almost entirely European problem. Although there are differences between European nations, Nussbaum argues, Europeans in general have a variety of problematic attitudes to religious diversity that are not found in the USA. These include “fear and mistrust,” inconsistency, “a concern for homogeneity that leads them to commit some errors in public argument that are troubling,” the desire that immigrants “fit in,” greater anti-Semitism than is found in the USA, and a refusal to debate, let alone embrace, “the free exercise of religion”. In place of this European foolishness “the American solution is urgently needed.” The New Religious Intolerance is thus at once a critique of the ‘European’ way of dealing with religion and a defence of the superior American way. Events since Nussbaum published NRI suggest that both Europeans and Americans have grounds for deep soul-searching and self-criticism concerning attitudes to immigration and diversity. In this paper I offer a critique not of the political implications of Nussbaum’s account, but rather of its philosophical underpinnings. My argument proceeds through analysis of her critique of a legal ban on the burqa which has been implemented in various ways in France, Belgium, and Italy

The Limitations of Contract: Regulating Personal Relationships in the Marriage-Free State

9780190205072-2Many 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 this chapter. 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.

Reviewers’ comments:

The book is “strenuously avant-garde”. The New York Times (5th April 2016).

Chambers’ chapter is “sobering and refreshing”. Notre Dame Philosophical Reviews (2nd May 2016).

Chambers, “one of the best-known advocates” of the claim that marriage should not be recognised by the state, contributes a “nuanced and lucid” chapter that is “among the most interesting contributions in the volume.”  Hypatia (2017)

 You can read more about the book here.

Feminism and Liberalism

In Routledge Companion to Feminist Philosophy, edited by Serene Khader, Ann Gary, and Alison Stone (Routledge, 2017).

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.

“The Family as a Basic Institution”: A Feminist Analysis of the Basic Structure as Subject

Layout 1in Ruth Abbey (ed.), Feminist Interpretations of Rawls (Penn State Press, 2013).

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.

Feminism

9780199585977This 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.

What kind of dialogue do we need? Gender, deliberative democracy and comprehensive values

9781107038899(with Phil Parvin) in Jude Browne (ed.) Dialogue, Politics and Gender (Cambridge University Press, 2013).

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.

Gender

issues-in-political-theory-catriona-mckinnon-paperback-cover-art  9780199572823  9780199680436

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.

All must have prizes: the liberal case for intervention in cultural practices

Paul Kelly (ed.) Multiculturalism Reconsidered: Culture and Equality and its Critics (Polity Press, 2002).

This paper highlights a rare aspect of Brian Barry’s Culture and Equality that is not liberal enough: his assertion that unequal outcomes are unproblematic if they have been chosen. The paper argues instead that an ‘equality tribunal’ should be empowered to rule against certain forms of discrimination within groups.