Ethics of Care: Personal, Political, and Global / Virginia Held

Total Page:16

File Type:pdf, Size:1020Kb

Ethics of Care: Personal, Political, and Global / Virginia Held The Ethics of Care: Personal, Political, and Global Virginia Held OXFORD UNIVERSITY PRESS THE ETHICS OF CARE This page intentionally left blank THE ETHICS OF CARE Personal, Political, and Global Virginia Held 1 2006 1 Oxford University Press, Inc., publishes works that further Oxford University’s objective of excellence in research, scholarship, and education. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Copyright Ó 2006 by Oxford University Press, Inc. Published by Oxford University Press, Inc. 198 Madison Avenue, New York, New York 10016 www.oup.com Oxford is a registered trademark of Oxford University Press All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press. Library of Congress Cataloging-in-Publication Data Held, Virginia. The ethics of care: personal, political, and global / Virginia Held. p. cm. Includes bibliographical references and index. ISBN-13 978-0-19-518099-2 ISBN 0-19-518099-2 1. Caring. 2. Feminist ethics. I. Title. BJ1475.H45 2005 177'.7—dc22 2005040551 987654321 Printed in the United States of America on acid-free paper For my grandchildren Alexander, Owen, Madeleine, Kailey, and Nicolas This page intentionally left blank Acknowledgments Since the publication of my book Feminist Morality: Transforming Culture, Society, and Politics in 1993, I became persuaded that the ethics of care I began to examine there merited further development. I wrote a series of papers on various aspects of care, presenting them at conferences and colloquia, dis- cussing them, and publishing most of them. This book is based on many of those papers, though all have been rewritten, and much material is new. I am very grateful to the many people who have given me their thoughts, reactions, criticisms, agreements, disagreements, and suggestions on these papers and on the arguments and observations in this book. I especially want to thank for their valuable comments Elizabeth Anderson, Barbara Andrew, Cheshire Calhoun, Richmond Campbell, Claudia Card, David Copp, Fel- mon Davis, Carol Gould, Kent Greenawalt, Mark Halfon, David Johnston, Alison Jaggar, Eva Kittay, Heidi Malm, Diana Meyers, Jennifer Nedelsky, Hilde Nelson, Martha Nussbaum, Rosamond Rhodes, Sara Ruddick, Susan Sherwin, Robert L. Simon, James P. Sterba, Nadia Urbinati, Jeremy Wal- dron, Iris Marion Young, and the anonymous reviewers of parts or all of the book. For the opportunities they offered to present many of the ideas considered here and have them discussed, I thank the American Philosophical Associa- tion (Central and Pacific Divisions), the American Society for Value Inquiry, the City University of New York Graduate School, Columbia University, Dalhousie University, two IVR (Internationale Vereinigung Fu¨r Rechts-Und Sozialphilosophie) World Congresses, Kutztown University, the New Jersey Regional Philosophy Association, the State University of New York at Brock- port, Suffolk Community College, Tufts University, Union College, the University of Delaware, the University of Toronto Law School, the Uni- versity of Turku (Finland), and Vanderbilt University. viii ACKNOWLEDGMENTS I thank the publishers for permissions to use revised versions or portions of the following papers they published. An earlier version of chapter 1 appears as ‘‘The Ethics of Care,’’ in the Oxford Handbook of Ethical Theory, edited by David Copp (New York: Oxford University Press, 2006). An earlier version of chapter 2 appeared as ‘‘Taking Care: Care as Practice and Value,’’ in Setting the Moral Compass, edited by Cheshire Calhoun (New York: Oxford University Press, 2004). Chapter 4 includes material from ‘‘Justice and Utility: Who Cares?’’ in Philosophic Exchange 26 (1995–96); ‘‘The Meshing of Care and Justice,’’ Hypatia (spring 1995); and ‘‘The Contribution of Feminist Philos- ophy,’’ Associations (1998). An earlier version of chapter 5, ‘‘Liberalism and the Ethics of Care,’’ appeared in On Feminist Ethics and Politics, edited by Claudia Card (Lawrence: University Press of Kansas, 1999). An earlier version of chapter 6, ‘‘Caring Relations and Principles of Justice,’’ appeared in Contro- versies in Feminism, edited by James P. Sterba (Lanham, MD: Rowman and Littlefield, 2001). A much shorter version of chapter 7, ‘‘Care and the Ex- tension of Markets,’’ was published in Hypatia 17(2) (spring 2002). Chapter 8 is based in part on ‘‘Rights and the Presumption of Care,’’ in Rights and Reason; Essays in Honor of Carl Wellman, edited by Marilyn Friedman et al. (Dordrecht: Kluwer Academic Publishers, 2000, with kind permission of Springer Science and Business Media). Chapter 9 includes material from ‘‘Feminist Morality and Rights,’’ in Rechtstheorie, Beiheft 19; ‘‘Rights,’’ in A Companion to Feminist Philosophy, edited by Alison M. Jaggar and Iris Marion Young (Malden, Mass.: Blackwell, 1998); and ‘‘Feminism and Political Theory,’’ in Blackwell Guide to Social and Political Philosophy, edited by Robert L. Simon (Malden, Mass.: Blackwell, 2002). Much shorter and earlier versions of chapter 10, ‘‘Care and Justice in the Global Context,’’ appeared in Associations (2003) and Ratio Juris 17(2) (June 2004): 141–55. I am enormously grateful to the City University of New York for the many years of steady employment, periodic sabbaticals, wonderful students, and committed colleagues that have made it possible for me to work as a phi- losopher aiming to affect the wider world and not just how philosophers think. My graduate teaching at the CUNY Graduate Center and under- graduate teaching at Hunter College have offered countless insights and ar- guments reflected in this book. For steady companionship and a lighter touch, I thank my partner of many years, Robert L. Thompson, and my children, Julia and Philip, and their families. The balance they provide has been indispensable. Contents Introduction 3 Part I Care and Moral Theory 1. The Ethics of Care as Moral Theory 9 2. Care as Practice and Value 29 3. The Caring Person 44 4. Justice, Utility, and Care 58 5. Liberalism and the Ethics of Care 76 6. Caring Relations and Principles of Justice 90 Part II Care and Society 7. Care and the Extension of Markets 107 8. Civil Society, Rights, and the Presumption of Care 125 9. Power, Care, and the Reach of Law 138 10. Care and Justice in the Global Context 154 Notes 169 Bibliography 191 Index 203 This page intentionally left blank THE ETHICS OF CARE This page intentionally left blank Introduction In the past few decades, the ethics of care has developed as a promising alternative to the dominant moral approaches that have been invoked during the previous two centuries. It has given rise to an extensive body of literature and has affected many moral inquiries in many areas. It is changing the ways moral problems are often interpreted and changing what many think the recommended approaches to moral issues ought to be. With interest in normative perspectives expanding everywhere—from the outlines of egalitarian families and workplaces, to the moral responsibilities of parents and citizens, to the ethical evaluations of governmental and foreign policies—the ethics of care offers hope for rethinking in more fruitful ways how we ought to guide our lives. It has the potential of being based on the truly universal experience of care. Every human being has been cared for as a child or would not be alive. Understanding the values involved in care, and how its standards reject vio- lence and domination, are possible with the ethics of care. It need not invoke religious beliefs that carry divisive baggage. It does not rely on dubious claims about universal norms of reason to which we must give priority in all questions of morality. Instead, it develops, on the basis of ex- perience, reflection on it and discourse concerning it, an understanding of the most basic and most comprehensive values. In part I of this book, I develop the ethics of care as a moral theory or approach to moral issues. In part II I explore the implications of the ethics of care for political, social, and global questions, considering also how such at- tempts to use the theory should allow in turn for improvements in it. In chapter 1 I make the case that the ethics of care is a distinct moral theory or approach to moral theorizing, not a concern that can be added on to or included within other more established approaches, such as those of Kantian 3 4 THE ETHICS OF CARE moral theory, utilitarianism, or virtue ethics. The latter is the more contro- versial claim, since there are similarities between the ethics of care and virtue ethics. But in its focus on relationships rather than on the dispositions of individuals, the ethics of care is, I argue, distinct. In chapter 2, I explore what care ‘‘is,’’ or what we mean or should mean by the term ‘care.’ I conclude that it is both a practice, or cluster of practices, and a value, or cluster of values. It takes place in existing caring practices to some extent, although existing practices are usually embedded in unsatisfactory contexts of domination. And it provides standards by which to evaluate these practices and to recommend better ones. Since caring practices and values do require caring persons, I explore in chapter 3 what the characteristics of a caring person should be. I conclude that a caring person not only has the appropriate motivations in responding to others or in providing care but also participates adeptly in effective practices of care. In developing the ethics of care, contrasts have been drawn between care and justice.
Recommended publications
  • Feminist Perspectives on Dependency Eva Feder Kittay and Ellen K. Feder (Eds.) Rowman & Littlefield Publishers, Lanham, 2002, 336Pp
    Contemporary Political Theory, 2004, 3, (358–360) r 2004 Palgrave Macmillan Ltd 1470-8914/04 $30.00 www.palgrave-journals.com/cpt The Subject of Care: Feminist Perspectives on Dependency Eva Feder Kittay and Ellen K. Feder (eds.) Rowman & Littlefield Publishers, Lanham, 2002, 336pp. ISBN:0742513637. Contemporary Political Theory (2004) 3, 358–360. doi:10.1057/palgrave.cpt.9300147 Before freedom, there is dependency. With dependency comes the need for care. But who exactly does the bulk of life’s caretaking? Why has caretaking work frequently gone unacknowledged as real ‘labor’ (and how have gender, race and class affected its treatment)? Can contemporary political theory effectively displace the ideologically-driven fiction of the citizen as a self- sufficient, independent individual and develop more secure principles and rights to protect dependents and their caretakers? The 16 contributors to this volume raise such questions and insist upon collective attentiveness to the impoverishment and exploitation that often marks the lives of caretakers and their ‘charges’. While tackling many issues from a distinctly feminist perspective, these contributors also provide reflections and proposals that are essential readingfor any political theorist, philosopher or activist currently committed to a substantive vision of freedom and a progressive approach to social justice. Part I provides conceptual analysis and historical insights into the meaning of dependency. Nancy Fraser and Linda Gordon’s notable genealogy explores ‘registers’ of dependency (related to economic, sociological, political and moral-psychological conditions (p. 16)) and how normative claims about those who appear dependent have shifted over time, especially in relation to the dominant discourse of liberal capitalism.
    [Show full text]
  • Cognitive Disability, Capabilities, and Justice Serene Khader Stony Brook University
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by CommonKnowledge Essays in Philosophy Volume 9 Article 11 Issue 1 Philosophy of Disability 1-2008 Cognitive Disability, Capabilities, and Justice Serene Khader Stony Brook University Follow this and additional works at: http://commons.pacificu.edu/eip Part of the Philosophy Commons Recommended Citation Khader, Serene (2008) "Cognitive Disability, Capabilities, and Justice," Essays in Philosophy: Vol. 9: Iss. 1, Article 11. Essays in Philosophy is a biannual journal published by Pacific nivU ersity Library | ISSN 1526-0569 | http://commons.pacificu.edu/eip/ Essays in Philosophy Essays in Philosophy A Biannual Journal Vol. 9, No. 1, January 2008 Cognitive Disability, Capabilities, and Justice Abstract: I argue that capabilities approaches are useful in formulating a political theory that takes seriously the needs of persons with severe cognitive disabilities (PSCD). I establish three adequacy criteria for theories of justice that take seriously the needs of PSCD: A) understanding PSCD as oppressed, B) positing a single standard of what is owed to PSCD abled individuals, and C) concern with flourishing as well as political liberty. I claim that conceiving valued capabilities as the end of social distribution may help a political theory to meet these criteria. I posit three further adequacy criteria: D) refusing to see PSCD as less than human, E) valuing moral powers other than practical reason, and F) securing space for care and dependency relationships. I show that how well Elizabeth Anderson and Martha Nussbaum’s capabilities approaches meet these criteria depends on their divergent conceptions of what capabilities are for.
    [Show full text]
  • Autonomy, Relationality, and Feminist Ethics
    Autonomy, Relationality, and Feminist Ethics JEAN KELLER While care ethics has frequently been criticized for lacking an account ofauton- omy, this paper argues that care ethics’ relational model of moral agency provides the basis for criticizing the philosophical tradttion’s model of autonomy and for rethinking autonomy in relational terms. Using Diana Meyers’s account of autonomy compe- tency as a basis, a dialogical model of autonomy is developed that can respond to internal and external critiques of care ethics. Care ethics has frequently been criticized for failing to address how women’s practice of care places women’s autonomy in jeopardy. The question of the implications of care ethics for our conception of autonomy, however, has been asked less frequently.’ This is the question that concerns me here. After first examining the general terrain of the “autonomy-care ethics debate,” focusing on the difficulties that autonomy and care ethics pose for one another,’ I turn to my central concern: laying the groundwork for a relational model of autonomy. Although it is still unclear whether care ethics will survive as the feminist ethic of the future, it would appear that whatever shape feminist ethics ends up taking, it will incorporate a relational model of moral agency. That is, the insight that the moral agent is an “encumbered self,” who is always already embedded in relations with flesh-and-blood others and is partly constituted by these relations, is here to stay. Thus, although my analysis addresses care ethics in particular, to the extent that other feminist approaches to ethics also rely on a relational model of moral agency, the issues raised here will, I hope, be relevant to feminist ethics more generall~.~ Hyptia vol.
    [Show full text]
  • Feminist Theory: a Philosophical Anthology Ann Cudd (Editor), Robin Andreasen (Editor)
    To purchase this product, please visit https://www.wiley.com/en-gb/9781405116602 Feminist Theory: A Philosophical Anthology Ann Cudd (Editor), Robin Andreasen (Editor) Paperback 978-1-405-11661-9 November 2004 Out of stock £31.25 Hardcover 978-1-405-11660-2 November 2004 Out of stock £103.00 DESCRIPTION Feminist Theory: A Philosophical Anthology addresses seven philosophically significant questions regarding feminism, its central concepts of sex and gender, and the project of centering women’s experience. • • Topics include the nature of sexist oppression, the sex/gender distinction, how gender-based norms influence conceptions of rationality, knowledge, and scientific objectivity, feminist ethics, feminst perspectives on self and autonomy, whether there exist distinct feminine moral perspectives, and what would comprise true liberation. • • Features an introductory overview illustrating the development of feminism as a philosophical movement • • Contains both classic and contemporary sources of feminist thought, including selections by Mary Wollstonecraft, John Stuart Mill, Simone de Beauvior, Kate Millett, bell hooks, Marilyn Frye, Martha Nussbaum, Louise Antony, Sally Haslanger, Helen Longino, Marilyn Friedman, Catharine MacKinnon, and Drucilla Cornell. ABOUT THE AUTHOR Ann E. Cudd is Professor of Philosophy and Director of Women’s Studies at the University of Kansas. She is co-editor of Theorizing Backlash: Philosophical Reflections on the Resistance to Feminism (with Anita Superson, 2002). Robin O. Andreasen is Assistant Professor
    [Show full text]
  • Espinalt's Concept of Human WILL and Character and Its
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Revistes Catalanes amb Accés Obert 6 espinaLt’s coNcePt oF humaN Will aNd chaRacteR aNd Its coNsequeNces FoR 1 moRaL educatIoN Carme Giménez-Camins & Josep Gallifa abstract: This article deals with the human will and the individual character and their relevance in the moral sphere. After introducing the conative domain, it argues for the need to have a psychological and educational model of human character. The paper presents Espinalt’s (1920-1993) concepts of will and character and their consequences for education. After having explored human will and understanding the causes for the relative lack of consideration of will by modern psychology, a definition of character is presented as a result of exercising human will. Three different dimensions of character are considered: One more connected with instincts, another with culture, and the most distinctive of individual self-engraving. The third dimension leads to different considerations of education that are briefly explained. The Espinaltian vision is contrasted with other contemporary visions of human will and character. The social and historical forces with an influence on the education of the character are also considered. Finally the paper argues for the centrality of these approaches for a moral education which is based on Aristotelian views. Keywords: Espinalt, Human Will, Moral education, Aristotle, character 1 This paper was received on January 31, 2011 and was approved on March 27, 2011 122 RamoN LLuLL JouRNaL oF aPPLIed ethIcs 2011. Issue 2 INtRoductIoN the neoclassical model of the human psyche Traditionally the human psyche has been divided into three components: Cognition, affect and conation (Hilgard, 1980; Tallon, 1997).
    [Show full text]
  • Remembering Claudia Card: Two Tributes
    Feminist Philosophy Quarterly Volume 1 | Issue 2 Article 5 2015 Remembering Claudia Card: Two Tributes Paula Gottlieb University of Wisconsin-Madison, [email protected] Lynne Tirrell University of Massachusetts Boston, [email protected] Recommended Citation Gottlieb, Paula and Lynne Tirrell. 2015. "Remembering Claudia Card: Two Tributes."Feminist Philosophy Quarterly1, (2). Article 5. doi:10.5206/fpq/2015.2.5. Gottlieb and Tirrell: Remembering Claudia Card Remembering Claudia Card: Two Tributes1 Lynne Tirrell and Paula Gottlieb Editor’s note: On behalf of the editors of FPQ, I thank our colleagues for providing us their public addresses at the Celebration of Life of Professor Claudia Falconer Card of the University of Wisconsin-Madison, who died on Saturday, September 12, 2015. Claudia Card was the author of over one hundred articles and books, key works of moral and feminist philosophy including Confronting Evils: Terrorism, Torture, Genocide (Cambridge 2010), The Atrocity Paradigm: A Theory of Evil (Oxford 2002), and The Unnatural Lottery: Character and Moral Luck (Temple 1996). She was the president of the Central division of the APA 2010- 2011, which she often described as her favorite division of the APA. She earned her BA from UW-Madison, and her PhD in 1969 from Harvard University, as the advisee of John Rawls, whom she spoke of with affection as one of the most sensitive and generous of philosophers. I remain grateful to Claudia for being the sort of philosopher who helped her students, colleagues, and readers to confront our responsibilities, and the responsibilities of others, as she lived her own philosophy of taking responsibility for one’s own identity.
    [Show full text]
  • The Pennsylvania State University the Graduate School College of The
    The Pennsylvania State University The Graduate School College of the Liberal Arts EXISTENTIALIST ROOTS OF FEMINIST ETHICS A Dissertation in Philosophy by Deniz Durmus Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy August 2015 The dissertation of Deniz Durmus was reviewed and approved* by the following: Shannon Sullivan Professor of Philosophy Women's Studies, and African American Studies, Department Head, Dissertation Advisor, Co-Chair Committee Sarah Clark Miller Associate Professor of Philosophy, Associate Director of Rock Ethics Institute, Co-Chair Committee John Christman Professor of Philosophy, Women’s Studies Robert Bernasconi Edwin Erle Sparks Professor of Philosophy, African American Studies Christine Clark Evans Professor of French and Francophone Studies, Women’s Studies Amy Allen Liberal Arts Professor of Philosophy, Head of Philosophy Department *Signatures are on file in the Graduate School. ii ABSTRACT My dissertation “Existentialist Roots of Feminist Ethics” is an account of existentialist feminist ethics written from the perspective of ambiguous nature of interconnectedness of human freedoms. It explores existentialist tenets in feminist ethics and care ethics and reclaims existentialism as a resourceful theory in addressing global ethical issues. My dissertation moves beyond the once prevalent paradigm that feminist ethics should be devoid of any traditional ethical theories and it shows that an existential phenomenological ethics can complement feminist ethics in a productive way. The first chapter, introduces and discusses an existentialist notion of freedom based on Simone de Beauvoir and Jean Paul Sartre’s writings. In order to establish that human beings are metaphysically free, I explain notions of in-itself, for-itself, transcendence, immanence, facticity, and bad faith which are the basic notions of an existentialist notion of freedom.
    [Show full text]
  • Rethinking Feminist Ethics
    RETHINKING FEMINIST ETHICS The question of whether there can be distinctively female ethics is one of the most important and controversial debates in current gender studies, philosophy and psychology. Rethinking Feminist Ethics: Care, Trust and Empathy marks a bold intervention in these debates by bridging the ground between women theorists disenchanted with aspects of traditional ‘male’ ethics and traditional theorists who insist upon the need for some ethical principles. Daryl Koehn provides one of the first critical overviews of a wide range of alternative female/ feminist/feminine ethics defended by influential theorists such as Carol Gilligan, Annette Baier, Nel Noddings and Diana Meyers. She shows why these ethics in their current form are not defensible and proposes a radically new alternative. In the first section, Koehn identifies the major tenets of ethics of care, trust and empathy. She provides a lucid, searching analysis of why female ethics emphasize a relational, rather than individualistic, self and why they favor a more empathic, less rule-based, approach to human interactions. At the heart of the debate over alternative ethics is the question of whether female ethics of care, trust and empathy constitute a realistic, practical alternative to the rule- based ethics of Immanuel Kant, John Stuart Mill and John Rawls. Koehn concludes that they do not. Female ethics are plagued by many of the same problems they impute to ‘male’ ethics, including a failure to respect other individuals. In particular, female ethics favor the perspective of the caregiver, trustor and empathizer over the viewpoint of those who are on the receiving end of care, trust and empathy.
    [Show full text]
  • Robert P Merges What Kind of Rights Are Intellectual Property Rights?
    Robert P Merges What Kind of Rights Are Intellectual Property Rights? Forthcoming in Rochelle C Dreyfuss & Justine Pila (eds), The Oxford Handbook of Intellectual Property Law © RP Merges 2017 Table of Contents 1. Intellectual Property as a Right 1.1 Intellectual Property Rights Are Property Rights 1.2 The Basic Features of Intellectual Property as Property 1.2.1 The Right to Control Uses 1.2.2 The Right to Transfer 1.2.3 The Special Case of Waiver 1.3 Limitations on Intellectual Property Rights 2. What Kind of Rights? Hohfeld and Intellectual Property 2.1 Claim Right/Duty 2.2 Privilege/No Claim 2.3 Power/Liability 2.4 Immunity/Disability 2.5 Hohfeld: Conclusion 3. Obstacles to Conceiving Intellectual Property as Property 3.1 Intellectual Property Acquisition and Misunderstandings About What it Means to be a Right 3.2 What, No Automatic Injunction? That’s Not Property! 3.3 Why Intellectual Property Rights Are Not ‘Regulation’ 3.3.2 The Second Sense of ‘Regulation’ 3.3.3 Freedom and Permission 3.3.4 Freedoms in Historical Perspective 3.4 Intellectual Property Rights as Property Rights: Summing Up 4. Problems With Conceiving Intellectual Property as Property 4.1 Group Ownership 4.2 Intellectual Property As Constitutional Property: The Takings Problem 5. Conclusion 1. Intellectual Property Rights as Rights Electronic copy available at: https://ssrn.com/abstract=2959073 The phrase is common enough that it rolls off the tongue: intellectual property rights. It even has a well-known acronym, ‘IPRs.’1 But are they really rights? And if so, what kind of rights? Most importantly, what difference does it make that they are rights – what practical import does this carry? These are the questions I take up here.
    [Show full text]
  • The Concept of Law Revisited
    Michigan Law Review Volume 94 Issue 6 1996 The Concept of Law Revisited Leslie Green Osgoode Hall Law School, York University Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Public Law and Legal Theory Commons Recommended Citation Leslie Green, The Concept of Law Revisited, 94 MICH. L. REV. 1687 (1996). Available at: https://repository.law.umich.edu/mlr/vol94/iss6/15 This Review is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. IBE CONCEPT OF LAW REVISITED Leslie Green* THE CONCEPT OF LAW. Second Edition. By H.L.A. Hart. With a Postscript edited by Penelope A. Bulloch and Joseph Raz. Oxford: Clarendon Press. 1994. Pp. xii, 315. $26. Law is a social construction. It is a historically contingent fea­ ture of certain societies, one whose emergence is signaled by the rise of a systematic form of social control and elite domination. In one way it supersedes custom, in another it rests on it, for law is a system of primary social rules that direct and appraise behavior, together with secondary social rules that identify, change, and en­ force the primary rules. Law may be beneficial, but only in some contexts and always at a price, at the risk of grave injustice; our appropriate attitude to it is therefore one of caution rather than celebration.
    [Show full text]
  • Sexual Harassment Policy in the U.S., the Equal Employment Opportunity Commission, and Women's Economic Citizenship, 1975-1991
    NOT "PART OF THE JOB": SEXUAL HARASSMENT POLICY IN THE U.S., THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, AND WOMEN'S ECONOMIC CITIZENSHIP, 1975-1991 Sheila Jones A Dissertation Submitted to the Graduate College of Bowling Green State University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY December 2008 Committee: Liette Gidlow, Advisor Neal G. Jesse Graduate Faculty Representative Leigh Ann Wheeler Donald Nieman ii ABSTRACT Liette Gidlow, Advisor This project examines the history of federal sexual harassment policy in the United States between 1975 and 1991. It considers the origins of sexual harassment policy in the mid-1970s and its addition to the Equal Employment Opportunity Commission’s (EEOC) anti- discrimination policy in 1980. Two questions direct this study: Why and how did sexual harassment policy originate in the 1970s? How did policymakers then re-frame it once feminist activists no longer controlled the issue’s definition? This dissertation argues that sexual harassment policy originated in the 1970s because working women and second-wave feminists succeeded in framing the problem as one of women’s economic citizenship rights, or women’s right to work without being sexually harassed. Once feminists lost this influence in the 1980s, conservatives including Reagan administration officials, members of Congress, and anti-feminist activists challenged the EEOC’s policy and altered its enforcement by lessening its protections for working women in favor of employers. Several sources inform this study, including EEOC records, legal cases, congressional hearings, government documents, and scholarship on second-wave feminism and economic citizenship. It finds that, after defining sexual harassment, feminists argued for public policy to stop it.
    [Show full text]
  • Front Matter
    Cambridge University Press 978-0-521-13211-4 - Capitalism, For and Against: A Feminist Debate Ann E. Cudd and Nancy Holmstrom Frontmatter More information Capitalism, For and Against Political philosophy and feminist theory have rarely examined in detail how capitalism affects the lives of women. Ann Cudd and Nancy Holmstrom take up opposing sides of the issue, debating whether capitalism is valuable as an ideal and whether, as an actually existing economic system, it is good for women. In a discussion covering a broad range of social and economic issues, including unequal pay, industrial reforms, and sweatshops, they examine how these and other issues relate to women and how to analyze effectively what constitutes “capitalism” and “women’s interests.” Each author also responds to the opposing arguments, providing a thorough debate of the topics covered. The resulting volume will interest a wide range of readers in philosophy, political theory, women’s studies, and global affairs. ANN E. CUDD is Professor of Philosophy and Associate Dean for Humanities, University of Kansas. She is the author of Analyzing Oppression (2006), and co-edited (with Anita Superson) Theorizing Backlash (2002) and (with Robin Andreason) Feminist Theory (2005). NANCY HOLMSTROM is Professor Emerita and former Chair of Philosophy at Rutgers University Newark. She is the author of numerous articles on core topics in social philosophy and is the editor of The Socialist Feminist Project: A Contemporary Reader in Theory and Politics (2002). © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-13211-4 - Capitalism, For and Against: A Feminist Debate Ann E.
    [Show full text]