Feminist Phenomenology

This paper draws attention to a divergence in approach to the social between Ken Gergen’s radical form of social constructionism and the more moderate constructionist approaches exemplified by the thinking of Shaun Gallagher, Jan Slaby and Karen Barad. Specifically, I argue that the latter stop just short of radical constructionism’s ontological and ethical implications. The ethical question for Gergen is not whether and how we achieve just relations but whether and how we deal with the struggle between competing goods, how (...) we manage to think beyond justice understood as singular traditions of the good, so that we can focus on enriching our traditions with alternative intelligibilities, thereby expanding the inclusiveness of our relational structures. Viewing the wayward person or group through Gergen’s lens of multi-being rather than the morality of blameful justice encourages us to strive for an ethics of responsibility without succumbing to a moralism of culpability. (shrink)

Extended cognition brings with it a particular phenomenology. It has been argued that when an artifact is integrated into an agent’s cognitive system, it becomes transparent in use to the cognizing subject. In this paper, I challenge some of the assumptions underlying how the transparency of artifacts is described in extended cognition theory. To this end, I offer two arguments. First, I make room for some forms of conscious thought and attention within extended cognitive routines, and I question the close (...) association drawn between attention and effort. Second, I vindicate the importance of paying careful attention to individual differences and the diverse ways in which bodies and technologies can be experienced. I end by offering some hints toward an alternative, and more accurate, account of the phenomenology of extended cognition. (shrink)

Feminists have always been concerned with how the clothes women wear can reinforce and reproduce gender hierarchy. However, they have strongly disagreed about what to do in response: some have suggested that the key to feminist liberation is to stop caring about how one dresses; others have replied that the solution is to give women increased choices. In this paper, we argue that neither of these dominant approaches is satisfactory and that, ultimately, they have led to an impasse that pervades (...) the contemporary feminist debate. The problem is that both sides of the debate understand women’s complicity in patriarchal subordination as a matter of what women wear and do. Instead, we propose a phenomenological analysis that understands complicity as based in our relations to our clothes. Starting from this phenomenological perspective, we sketch a new relational feminist ethics of dressing. This alternative ethical paradigm cannot yield a simple recipe for how to dress or tell us what garments are off-limits. But it can offer a way to make critical feminist judgements about clothes without veering into a stifling new prescriptivism. (shrink)

In recent years, online “involuntary celibate” or “incel” communities have been linked to various deadly attacks targeting women. Why do these men react to romantic rejection with not just disappointment, but murderous rage? Feminists have claimed this is because incels desire women as objects or, alternatively, because they feel entitled to women’s attention. I argue that both of these explanatory models are insufficient. They fail to account for incels’ distinctive ambivalence toward women—for their oscillation between obsessive desire and violent hatred. (...) I propose instead that what incels want is a Beauvoirian “Other.” For Beauvoir, when men conceive of women as Others, they represent them as simultaneously human subjects and embodiments of the natural world. Women function then as sui generis entities through which men can experience themselves as praiseworthy heroes, regardless of the quality of their actions. I go on to give an illustrative analysis of Elliot Rodger’s autobiographical manifesto, “My Twisted World.” I show how this Beauvoirian model sheds light on Rodger’s racist and classist attitudes and gives us a better understanding of his ambivalence toward women. It therefore constitutes a powerful and overlooked theoretical alternative to accounts centered on objectification and entitlement. (shrink)

This chapter identifies two contrasting methodological reductions utilized in philosophical scepticism: withdrawal/doubt [R–]; immersion/attention [R+]. Moving toward a feminist ethics grounded in phenomenological scepticism, Aumiller explores how reduction relates to experiences of personal and global uncertainty such as a pandemic. Reduction involves our entire embodied being, challenging how we are fundamentally in touch with the world. How we respond to being disrupted makes all the difference.

Discussions of sexual ethics often focus on the wrong of treating another as a mere object instead of as a person worthy of respect. On this view, the task of sexual ethics becomes putting the other’s subjectivity above their status as erotic object so as to avoid the harms of objectification. Ward and Anderson argue that such a view disregards the crucial, moral role that erotic objecthood plays in sexual encounters. Important moral features of intimacy are disclosed through the experience (...) of being an erotic object for another, as well as in perceiving another as an erotic object. Drawing on phenomenology, especially the insights of Simone de Beauvoir, Ward and Anderson argue that erotic encounters are shaped by the human condition of ambiguity, where being an object for others is intertwined with bodily agency. Because sexual agency is complex in this way, theories of sexual ethics and responsibility must widen their focus beyond transparent communication and authoritative expressions of will. (shrink)

Being-at-home in a particular, determined, world is dangerous for thinking. For thinking to be thinking/becoming, one should not get too comfortable. For thinking is to not arrive back home, in the same place one begins. But how to escape the world that has created who you are, gave you purpose and a past? How to make sure the future is not a repetition of the Same? How to break away from something that you need? In this article, my aim is (...) not to give one more solution to this fundamental problem that is in essence an ethical problem. For providing a refuge, a new theory, a new methodology, would be providing a new island for those who realise that a flood is endangering their own island. My aim is to exercise the craft of exilic thinking as a way to deal with the contradiction already pointed out by Heraclitus and Parmenides – “We both step and do not step in the same rivers. We are and are not.” Exilic thinking as a craft of fragilising the self establishes a matrixial borderspace through which the impossible becomes possible. (shrink)

In cases of complicity in one’s own unfreedom and in structural injustice, it initially appears that agents are only vicariously responsible for their complicity because of the roles circumstantial and constitutive luck play in bringing about their complicity. By drawing on work from the phenomenological tradition, this paper rejects this conclusion and argues for a new responsive sense of agency and responsibility in cases of complicity. Highlighting the explanatory role of stubbornness in cases of complicity, it is argued that although (...) agents may only be vicariously responsible for becoming complicit, they can be held more directly responsible for entrenching their complicity. The complicit agent is responsible for their complicity to the extent that they fail to take responsibility for it. (shrink)

ABSTRACT Testimony from victims of gendered violence is often wrongly disbelieved. This paper explores a way to address this problem by developing a phenomenological approach to testimony. Guided by the concept of ‘disclosedness’, a tripartite analysis of testimony as an affective, embodied, communicative act is developed. Affect indicates how scepticism may arise through the social moods that often attune agents to victims’ testimony. The embodiment of meaning suggests testimony should not be approached as an assertion, but as a process of (...) ‘articulating an understanding’. This account is deepened in the discussion of testimony as a communicative act. It is argued that testimony must be considered as a relational whole, and thus our aim in receiving victims’ testimony should be to honour the relational conditions under which the truth of testimony can be heard. Approaching testimony as the collaborative process of enabling an understanding to be articulated can enhance our conception of gendered violence, whilst also better serving the victims of gendered violence by helping to overcome the lack of trust and excessive scepticism with which victims’ testimony is often met. (shrink)

An important question confronting feminist philosophers is why women are sometimes complicit in their own subordination. The dominant view holds that complicity is best understood in terms of adaptive preferences. This view assumes that agents will naturally gravitate away from subordination and towards flourishing as long as they do not have things imposed on them that disrupt this trajectory. However, there is reason to believe that ‘impositions’ do not explain all of the ways in which complicity can arise. This paper (...) defends a phenomenological account of complicity, which offers an alternative explanation. (shrink)

I use critical phenomenological resources in Tetsurō Watsuji and Sarah Ahmed to explore the spatial origin of some social impairments in Autistic Spectrum Disorder (ASD). I argue that a critical phenomenological perspective puts pressure on the idea that social impairments in ASD are exclusively (or even primarily) neurocognitive deficits that can be addressed by focusing on cognitive factors internal to the autistic person — for example, training them to adopt a more neurotypical approach to social cognition. Instead, I argue that (...) the structure and character of some neurotypical spaces may play a regulative role in shaping aspects of at least some of the social impairments autistic people exhibit when they inhabit these spaces. I also briefly consider some possible therapeutic applications of this critical phenomenological approach. (shrink)

At the end of 2017, Kristen Roupenian’s short story, Cat Person, went viral. Published at the height of the #MeToo movement, it depicted a ‘toxic date’ and a disturbing sexual encounter between Margot, a college student, and Robert, an older man she meets at work. The story was widely viewed as a relatable denunciation of women’s powerlessness and routine victimization. In this paper, I push against this common reading. I propose an alternative feminist interpretation through the lens of Simone de (...) Beauvoir’s notion of narcissism: a form of alienation that consists in making oneself both the subject and the ultimate project of one’s life. Framing Margot as a narcissist casts her as engaging, not in subtly coerced, undesired sex, but rather in sex that is desired in a tragically alienated way. I argue that Beauvoir’s notion of narcissism is an important tool for feminists today – well beyond the interpretation of Cat Person. It presses us to see systematic subordination not just as something done to women, but also as something women do to themselves. This in turn highlights the neglected role of self-transformation as a key aspect of feminist political resistance. (shrink)

This essay develops a concept of curiotization, through which people are reduced to a curio for the fascination of others. I argue that trans people as they have appeared in media, philosophy, and narratives of history are curiotized as forever fascinating, new, titillating, and controversial. In contrast to the narrative of momentous trans progress in the mid-2010s, I point out that frameworks such as the "Transgender Tipping Point" worked to position its "trans moment" as unprecedented and always on the threshold (...) of arrival. To work through a specific example, I point to decades of renewed fascination over trans women being capable of breastfeeding and the long history of trans fascination in popular music. I conclude by emphasizing the obscured world-historical presence of transsexuality as it coincides with the history of pharmaceuticals, hormone technologies, and birth control. In contrast to a "goldfish memory optics" through which trans people become eternally new, fascinating, and debatable, I stress the importance of restoring the complexity of "trans" and its histories back into an understanding of the present. (shrink)

In both popular and scholarly discussions, sexual consent is gaining traction as the central moral consideration in how people should treat one another in sexual encounters. However, while the concept of consent has been indispensable to oppose many forms of sexual violence, consent-based sexual ethics struggle to account for the phenomenological complexity of sexual intimacy and the social and structural pressures that often surround sexual communication and behavior. Feminist structural critique and social research on the prevalence of violation even within (...) consensual sex suggest that consent is insufficient to ground responsibility; a more fundamental orientation toward the value of sexual agency provides a better foundation for sexual ethics. Using feminist critical theory, phenomenology, and black feminist thought, this dissertation develops a socially situated and relational notion of sexual agency and diagnoses how such agency is neglected in prevailing discussions of consent in moral philosophy and legal theory. I argue that the ethical question of responsibility to another in a sexual encounter—apart from juridical considerations—should be reframed around the value of each person’s socially situated practices of agency. Preceding and extending beyond the obligation to gain valid consent for an action, responsibility demands adapting one’s intentions and behaviors in response to the wider range of another’s communicative expressions of agency. However, communicative expressions can be ambiguous or overdetermined by social context and cultural norms; they often offer only provisional traces of agency. To address this inherent uncertainty in intimacy, I propose drawing on insights from Emmanuel Levinas about the dynamic, open-ended nature of relationality, responsibility, and communication. Responsibility toward another does not depend on securing certainty about their “yes” or “no,” but requires responding continuously under conditions of uncertainty and ambiguity, adapting behaviors and intentions to make room for another’s agency despite its opacity. (shrink)

This review examines Burke's phenomenological analysis of normative femininity, examining how femininity is implicated in both historical and present racial violence. It lauds Burke's analysis of the temporality of gendered experience—in the Beauvoirean tradition of feminist phenomenology—but it criticizes Burke for coming up short in the critical aspect of their project. It closes with some methodological reflections about doing effect critical phenomenology.

In ‘Cognition as a Social Skill’, Sally Haslanger enhances her theory of oppression with new concepts: ‘mindshaping,’ ‘doxa,’ ‘heterodoxy,’ and ‘hidden transcripts.’ This essay examines these new c...

According to the biomedical model of medicine, the subject of the illness event is the pathology rather than the person diagnosed with the disease. In this view, a body-self becomes a ‘patient’ body-object that can be enrolled in a therapeutic protocol, investigated, assessed, and transformed. How can it be possible for cancer patients to make sense of the opposite dimensions of their body-self and their body-diseased-object? Could a creative embodied approach enable the coping with trauma tied to the experience of (...) illness? By applying a phenomenological approach and auto-ethnographic analysis to the experience of cancer, this visual exploration provides support for rethinking the cancer event through a performative perspective. This work previews images and video material collected over ten years of haematological treatments, video dance performances and physical explorations. This work displays how processes of healing can be set in motion by creative embodied practices, physical explorations and unexpected journeys. By resisting the biomedical model and allowing the emergence of new meanings, it illustrates how dance and performative practices offer ground for transformation. (shrink)

It is, without a doubt, a difficult task to address at once the state of philosophy as embodied by the Society for Phenomenology and Existential Philosophy and the place of one’s own thought within it. This is the task that a co-director’s address tries to fill. Whether with a critical reexamination of the phenomenological mode of seeing distinctive of SPEP, of philosophical progress, or of the place of transcontinental philosophy, prior co-directors found ways to subtly chart the windings and turns (...) of the many streams that assemble to form this society.We seem to be, however, at a different juncture, so that another... (shrink)

This paper details the ways that gender structures our senses of agency on an enactive framework. While it is common to discuss how gender influences higher, narrative levels of cognition, as with the formulation of goals and in considerations about our identities, it is less clear how gender structures our more immediate, embodied processes, such as the minimal sense of agency. While enactivists often acknowledge that gender and other aspects of our socio-cultural situatedness shape our cognitive processes, there is little (...) work on how this shaping takes place. In order to provide such an account, I will first look at the minimal and narrative senses of agency (Gallagher 2012), a distinction that draws from work on minimal and narrative selves (Zahavi 2010). Next I will explain the influence of the narrative sense of agency on the minimal sense of agency through work on intention-formation (Pacherie 2007). After a discussion of the role of gender in the narrative sense of agency, I’ll expand on work by Haslanger (2012) and Young (1980) to offer three ways in which gender influences the minimal sense of agency, showing the effect that gender has on how we perceive our possibilities for interaction in a phenomenologically immediate, pre-reflective manner. (shrink)

An increasing number of scholars at the intersection of feminist philosophy and critical disability studies have turned to Merleau-Ponty to develop phenomenologies of disability or of what, following Rosemarie Garland-Thomson, I call "non-normate" embodiment. These studies buck the historical trend of philosophers employing disability as an example of deficiency or harm, a mere litmus test for normative theories, or an umbrella term for aphenotypical bodily variation. While a Merleau-Pontian-inspired phenomenology is a promising starting point for thinking about embodied experiences of (...) all sorts, I here draw a cautionary tale about how ableist assumptions can easily undermine accounts of non-normate experience. I first argue that the omission or misguided treatment of disability within the history of philosophy in general and the phenomenological tradition in particular is due to the inheritance of what I call “the ableist conflation” of disability with pain, suffering, and disadvantage. I then show that Merleau-Ponty’s famous reading of the blind man’s cane is problematic insofar as it omits the social dimensions of disabled experiences, misconstrues the radicality of blindness as a world-creating disability, and operates via an able-bodied simulation that confuses object annexation or extension with incorporation. In closing, I contend that if phenomenology is to overcome the errors of traditional philosophy, as Merleau-Ponty once hoped, it must heed the insights of “crip” or non-normate phenomenology, which takes the lived experience of disability as its point of departure. [French translation forthcoming in Pour une phénoménologie critique, ed. Donald A. Landes, Quebec City, Les Presses de l'Université Laval/Paris, J.Vrin]. (shrink)

This is a review and critical commentary on Michael Plaxton's 2015 book, Implied Consent and Sexual Assault, in which he proposes that the legal definition of sexual consent be amended to permit sexual partners to define the terms and conditions of sexual consent in accordance with private "normative commitments" between themselves. The proposed "reform" is intended to permit an individual to agree to be a party to sexual activity that would otherwise constitute sexual assault under Canadian law. For reasons explained (...) in the review, this reviewer concludes that Plaxton's proposal and the rationale he presents in support of its adoption are unpersuasive. (shrink)

This chapter discusses how phenomenologies of pregnancy challenge traditional philosophical accounts of a subject that is seen as autonomous, rational, genderless, unified, and independent from other subjects. Pregnancy defies simple incorporation into such universal accounts since the pregnant woman and her unborn child are incapable of being subsumed into traditional theories of the subject. Phenomenological descriptions of the experience of pregnancy lead one to question if philosophy needs to reject the subject altogether as central, or rather to revise traditional descriptions (...) of the subject. The chapter examines both options and argues for the later. The exploration of pregnancy in feminist theory upholds the value of working from the subject’s lived experience, but indicates that it is possible without viewing the subject as a disembodied universal agent. Finally, it discusses how phenomenologies of pregnancy are attuned to discussing difference thereby aiding philosophies that take into account the political, historical, and cultural conditioning that shape experience and theory. (shrink)

Feminist phenomenology has contributed significantly to understanding the negative impact of the objectification of women’s bodies. The celebration of thin bodies as beautiful and the demonization of fat bodies as unattractive is a common component of that discussion. However, when one turns toward the correlation of fat and poor health, a feminist phenomenological approach is less obvious. In this paper, previous phenomenological work on the objectification of women is paralleled to the contemporary encouragement to discipline one’s body in order to (...) pursue better health. Similar ideologies of free choice in the face of bodily habits run through discussions of health and beauty. The paper uses the work of Merleau-Ponty and Beauvoir as well as the contemporary feminist phenomenologists Diaprose, Bartky, Bordo, Young, Grosz, and Carel to explore how women are constrained by health testing and health normalization. It argues that despite the apparent benefits of a focus on modifying health habits, feminists have good reason to be wary of the good health imperative. (shrink)

This paper explores the ethical insights provided by Anne Truitt's minimalist sculptures, as viewed through the phenomenological lenses of Hannah Arendt's investigations into the co-constitution of reality and Maurice Merleau-Ponty's investigations into perception. Artworks in their material presence can lay out new ways of relating and perceiving. Truitt's works accomplish this task by revealing the interactive motion of our embodied relations and how material objects can actually help to ground our reality and hence human potentiality. Merleau-Ponty shows how our prereflective (...) bodies allow incompossible perceptions to coexist. Yet this same capacity of bodies to gather multiple perceptions together also lends itself to the illusion that we see from only one perspective. If an ethical perspective becomes reified into one position, it then becomes detached from reality, and the ethical potential is actually lost. At the same time, phenomenologically understood, the real world does not exist in terms of static matter, but is instead a web of contextual relations and meanings. An ethics that does not take embodied relations into account—that allows for only one perspective—ultimately loses its capacity for flexibility, and for being part of a common and shared reality. (shrink)

Shame is notoriously ambivalent. On one hand, it operates as a mechanism of normalization and social exclusion, installing or reinforcing patterns of silence and invisibility; on the other hand, the capacity for shame may be indispensible for ethical life insofar as it attests to the subject’s constitutive relationality and its openness to the provocation of others. Sartre, Levinas and Beauvoir each offer phenomenological analyses of shame in which its basic structure emerges as a feeling of being exposed to others and (...) bound to one’s own identity. For Sartre, shame is an ontological provocation, constitutive of subjectivity as a being-for-Others. For Levinas, ontological shame takes the form of an inability to escape one’s own relation to being; this predicament is altered by the ethical provocation of an Other who puts my freedom in question and commands me to justify myself. For Beauvoir, shame is an effect of oppression, both for the woman whose embodied existence is marked as shameful, and for the beneficiary of colonial domination who feels ashamed of her privilege. For each thinker, shame articulates the temporality of social life in both its promise and its danger. (shrink)

This article goes behind stereotypes of Muslim veiling to ask after the representational structure underlying these images. I examine the public debate leading to the 2004 French law banning conspicuous religious signs in schools and French colonial attitudes to veiling in Algeria, in conjunction with discourses on the veil that have arisen in other western contexts. My argument is that western perceptions and representations of veiled Muslim women are not simply about Muslim women themselves. Rather than representing Muslim women, these (...) images fulfill a different function: they provide the negative mirror in which western constructions of identity and gender can be positively reflected. It is by means of the projection of gender oppression onto Islam, and its naturalization to the bodies of veiled women, that such mirroring takes place. This constitutes, I argue, a form of racialization. Drawing on the work of Fanon, Merleau-Ponty and Alcoff, I offer a phenomenological analysis of this racializing vision. What is at stake is a form of cultural racism that functions in the guise of anti-sexist and feminist liberatory discourse, at once posing a dilemma to feminists and concealing its racializing logic. (shrink)

What does Husserlian phenomenology have to offer feminist theory? More specifically, can we find resources within Husserl’s account of the living body ( Leib ) for the critical feminist project of rethinking embodiment beyond the dichotomies not only of mind/body but also of subject/object and activity/passivity? This essay begins by explicating the reasons for feminist hesitation with respect to Husserlian phenomenology. I then explore the resources that Husserl’s phenomenology of touch and his account of sensings hold for feminist theory. My (...) reading of Husserl proceeds by means of a comparison between his description of touch in Ideas II and Merleau-Ponty’s early appropriation of this account in the Phenomenology of Perception, as well as through an unlikely rapprochement between Husserl and Irigaray on the question of touch. Moreover, by revisiting the limitations in Husserl’s approach to the body—limitations of which any feminist appropriation must remain cognizant—I attempt to take Husserl’s phenomenology of touch beyond its initial methodologically solipsistic frame and to ask whether and how it can contribute to thinking gendered and racialized bodies. The phenomenology of touch, I argue, can allow us to understand the interplay between subjective, felt embodiment and social-historical context. In opening up Husserl’s account of touch to other dimensions—intersubjective and affective—sociality is revealed as residing within, and structuring of, touch. Such touch can allow us to think embodiment anew. (shrink)

Introduction: Over the past twenty-five years the sporting body has been studied in a myriad of ways including via a range of feminist frameworks (Hall 1996; Lowe 1998; Markula 2003; George 2005; Hargreaves 2007) and gender-sensitive lenses (e.g. McKay 1994; Aoki 1996; Woodward 2008). Despite this developing corpus, studies of sport only rarely engage in depth with the ‘flesh’ of the lived sporting and exercizing body (Wainwright and Turner 2003; Allen-Collinson 2009) at least from a phenomenological angle, and in relation (...) to female embodiment. It seems that a more corporeally-grounded, phenomenological perspective on women’s sporting embodiment would be a welcome addition to extant studies. In this chapter I suggest that employing a feminist phenomenological framework can provide a powerful lens through which to explore the subjective, richly-textured, lived-body experiences of sport and exercise. Phenomenology of course offers only one of a multiplicity of avenues to investigate the body in sport, and this chapter provides just a small glimpse of its possibilities. To-date studies of sporting experience employing a phenomenological theoretical framework remain surprisingly under-developed (Kerry and Armour 2000), as do those using its ethnomethodological offspring (Coates 1999; Burke et al. 2008). Further, as Fisher (2000) notes, the significance of the interaction between phenomenology and feminism has only relatively recently begun to be explored. It seems timely, therefore, to address this intriguing, potentially productive, but sometimes uneasy nexus, focusing upon female running embodiment in this case. (shrink)

Patricia Williams in her book, The Alchemy of Race and Rights, describes being denied entrance in the middle of the afternoon by a “saleschild.” Utilizing the works of Maurice Merleau-Ponty, this article explores their interaction phenomenologically. This small interaction of seemingly simple misunderstanding represents a limit condition in Merleau-Ponty’s analysis. His phenomenological framework does not explain the chasm between the “saleschild” and Williams, that in a sense they do not participate in the same world. This interaction between the “saleschild” and (...) Williams represents a moment when the two contest exactly what is reason in our society. To the extent that society discerns one’s actions as reasonable and the other’s actions as unreasonable, our society participates in determining that which constitutes reason. Williams’s work speaks precisely to this chasm as evident in her text’s subtitle, Memoirs of a Mad Woman. This decision relegates one subject to “judiciousness” and relegates the other to “madness.”. (shrink)

Drawing on Merleau-Ponty’s “Eye and Mind” and Bergson’s Matière et mémoire and “La perception du changement,” I ask what resources are available in vision for interrupting objectifying habits of seeing. While both Bergson and Merleau-Ponty locate the possibility of seeing differently in the figure of the painter, I develop by means of their texts, and in dialogue with Iris Marion Young’s work, a more general phenomenology of hesitation that grounds what I am calling “critical-ethical vision.” Hesitation, I argue, stems from (...) affect and leads to critical memory. In hesitation, the seeming coincidence between my habits of seeing and the visible is decentered, revealing these habits and their social reference as the constitutive horizon of my field of vision. Hesitation, then, provides the phenomenological moment within which vision may become at once critically watchful, destabilizing its objectifying habits, and ethically responsive, recollecting its affective grounds. The critical and the ethical are here inseparable. Critically, this vision is an awareness of the structures of invisibility, diacritical and habitual, social and historical, to which my vision owes—dimensions which institute particular ways of seeing and being as norm while eliding others. Ethically, this is the recognition of how seeing is already seeing with others—others whose affective influence is operative within vision, even as their existence is reductively represented or denied. (shrink)

: Drawing on Adriana Cavarero's account of natality, Guenther argues that Martin Heidegger overlooks the distinct ontological and ethical significance of birth as a limit that orients one toward an other who resists appropriation, even while handing down a heritage of possibilities that one can—and must—make one's own. Guenther calls this structure of natality Being-from-others, modifying Heidegger's language of inheritance to suggest an ethical understanding of existence as the gift of the other.

The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...) sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

Feminist social theory and female body experience are the twin themes of Iris Marion Young's twelve outstanding essays written over the past decade and brought together here. Her contributions to social theory raise critical questions about women and citizenship, the relations of capitalism and women's oppression, and the differences between a feminist theory that emphasizes women's difference and one that assumes a gender-neutral humanity. Loosely following a phenomenological method of description, Young's essays on female embodiment discuss female movement, pregnancy, clothing, (...) and the breasted body. In an introduction that situates her work in the context of shifts in feminist theory and politics over the past decade, Young emphasizes the rootedness of her theorizing in a dedicated and seasoned political activism. (shrink)