Sex, Culture, and Justice: The Limits of Choice (44 page)

and feminism, 21–22, 33

on genealogy, 33, 37–43, 212

liberalism, 21–22, 30–31, 38–39, 42–44

and normative values, 30–31, 81 on the Panopticon, 23–24

on pleasure, 28, 33, 51–52, 170

on power, 22–24, 26, 28–33

on power/knowledge regimes, 40–43, 92

Franklin, Jenna, 192–94, 199, 222–24, 257

Fraser, Nancy, 31, 38, 60, 108–11 freedom.
See
liberty Freemasonry, 140, 142, 145

Friday, Nancy, 51

Friedman, Marilyn, 9–10, 128, 212, 253–56

Friends
, 174 n. 29

Galston, William, 95 Gaona, Myriam Yukie, 1–3 gender

and advertising, 27–28

and appearance norms, 25–30, 32–33, 87–

91, 184–86, 210

Catharine MacKinnon on, 45–46, 49–51 and different outcomes, 119–27.
See also

patriarchy

equality.
See
patriarchy

gendering of the body, 24–30, 54–56

Michel Foucault on, 21–22, 33

Pierre Bourdieu on, 46–52, 54–56

sex/gender distinction, 49–50

and social construction, 4, 7–13, 24–30,

45–49, 58–59, 124–26

women priests, 140–46, 182, 246–52

See also
body; breast implants; cosmetic surgery; feminism; men; patriarchy; sexuality

genealogy, 21, 33, 37–42

genitals, 34–36, 47–50, 63–65, 205.
See also
female genital mutilation; routine secu- lar circumcision

Gerai, 48, 65

Gilman, Sander, 121 n. 9, 212

Gornick, Vivian, 63

Gray, John, 95

Green, Richard, 204–5

Greer, Germaine, 24–25, 30, 76 n. 111, 176

n. 33 groups

autonomy of.
See
autonomy bivalent, 108–9

cultural.
See
cultures linguistic, 11

religious.
See
religions

rights of.
See
autonomy; cultures; multi- culturalism

Guardian
newspaper, 192

Guthrie, Randolph, 185–86

Gutman, Amy, 10

Habermas, Ju¨rgen, 10 habitus.
See
Bourdieu, Pierre Hare, R. M., 162

harm

John Stuart Mill’s harm principle, 206–7, 215 n. 35

moral, 211

as one justification for paternalism, 195– 98, 209–10, 265–66.
See also
pater- nalism

required for benefit, 195–98, 208–12, 263, 265–66.
See also
marriage

status, 210–11, 226.
See also
equality

subjective versus objective, 121 n. 9,

212–15

unjust, 211

versus risk, 225–26 Hayek, Friedrich von, 43

health, 1–3, 35–37, 40–42, 178.
See also
breast implants; female genital mutila- tion; harm; routine secular circumci- sion

health care and culture, 147–48 Helliwell, Christine, 48

Henry, Kristin, 62 heterosexuality.
See
sexuality high heels.
See
shoes

Hill, Thomas E., Jr., 162 n. 5 Hirschmann, Albert, 135

Hirschmann, Nancy, 73, 75, 78, 87–93, 199 homosexuality.
See
queer politics; sexuality housework.
See
labor, domestic

human nature, 82

Hurka, Thomas, 256

Hutterites, 15

hysterectomy, 178

ideology, 29, 87–88.
See also
false conscious- ness

immigration, 14–16

impartiality.
See
political liberalism; relativ- ism; state, neutrality of; universalism

individualism

individual versus group.
See
autonomy insufficient for change, 42–44, 64, 104–5,

108

in liberalism, 21, 42–44, 100, 104 inequality.
See
equality

influence, 30, 83 influence factor

advantageous, 126–27

and childcare, 124–26

defined, 120

and intervention, 129–30, 136–37, 157,

263–65

and justice, 118, 120–21, 126–27, 156–57,

210

and social construction, 123–24

See also
disadvantage factor; social con- struction

institutions, 61

ironism, 99 Islam

divorce law in, 129, 131, 134–39
fatwah
on Salman Rushdie, 144 male circumcision in, 35 veiling in, 132

Japan, 41

Jeffreys, Sheila, 75 n. 110, 191 n. 72, 204 n. 3 Jordan, Jose Julian, 3

Joyce, Philip, 2 Judaism

divorce law in, 129, 131, 134–39, 147 male circumcision in, 35

justice

and choice, 2–3, 21–22, 30–31, 38–40,

42–44

and culture.
See
cultures and exit.
See
exit

and habitus, 82

See also
liberalism

justifications, all-things-considered versus in-principle, 77

Kabyle, 63–65

Kant, Immanuel, 162, 165

Katz, Michael, 35–36, 41

Kierkegaard, Søren, 162

knee implants, 40

Kukathas, Chandran, 9–10

Kymlicka, Will, 13–17, 31, 95, 111 n. 80, 230

labor

career choice, 173–75, 248

caring, 47–48, 65, 76 n. 111, 105, 120–27,

129–30

domestic, 47, 76 n. 111, 78, 129–30

paid, 66–69, 109, 119–27, 132–35, 138–40

language, resignification of, 63–65, 93 law.
See
state intervention

Lawson, Amy, 261

lexical priority, 117 n. 2 liberalism

and autonomy, 13–14, 126–7, 163–68,

242–43, 245–46.
See also
autonomy; po- litical liberalism

based on freedom and equality, 7–8

and choice, 2–5, 8–17, 21–22, 42–44, 117–

19, 139 n. 40, 171.
See also
choice

comprehensive, 12, 94–95, 99, 107,

164–67

criticisms of, 102–4, 108

and equality, 10–11, 84.
See also
equality and exit, 9–10.
See also
exit

as fostering diversity, 111–12 and harmful norms, 174–81

and individualism, 21, 42–44, 100, 104 as insufficient for gender equality, 4, 7–8 and multiculturalism, 14–16, 147 n. 58

as particular in origin and universal in ap- plication, 94–101, 114

perfectionist.
See
perfectionism political.
See
political liberalism and power, 22–23

and social construction, 30–33, 78–81,

262–65

and state intervention, 130–42

and the state, 70–74

three problems with, 21–22, 42–44 two faces or concepts of, 96–97 and universalism, 14, 93–101

See also
justice libertarianism, 9–10

liberties, regulated, 63–66, 124

liberty, 4–5, 31, 44, 92

equal basic liberty principle, 117 forced to be free, 136, 226–27

negative, 77, 161–63

negative versus positive, 72, 74

See also
autonomy; choice; liberalism Lightfoot Klein, Hanny, 214

Loudon, Mary, 234, 249–51

Lovell, Terry, 55, 57

loyalty, 244–54

luck egalitarianism, 9

Lund-Molfese, Nicholas, 179

Mackie, Gerry, 76–77, 194, 212–14 MacKinnon, Catharine

on change, 45–46, 59, 70–72, 79

on consciousness-raising, 58–59

critiques of liberalism, 104, 117

on essentialism, 89 n. 22

on feminism as political not moral, 81, 211 on heterosexuality as eroticized hierarchy,

51, 65, 169

on pornography, 53, 73, 75

on the formation of the subject, 53 on the sex/gender distinction, 49–50

on the social construction of gender, 45– 46, 49–51

on the state, 69–73 Madonna, 262

makeup, 5, 27, 32, 47, 57–58, 198, 210

Mali, 34 marriage

female genital mutilation as a require- ment of, 82, 179–80, 193–94

free market in, 128 n. 17

footbinding as a requirement of, 174–75, 194

multiple, 230

as a social form, 241–42

See also
divorce Martinez, Julia, 147

Marx, Karl, 55, 60, 70, 87, 93

masculine domination.
See
patriarchy masculinity, 83–84

McCabe, David, 200, 239–40, 242–43

McNay, Lois, 21 n. 1, 56–57, 66

men

appearance norms for, 29, 36, 210.
See also
routine secular circumcision

as perpetrators of patriarchy, 83, 93 predominance in political theory, 39 n. 45 as victims of patriarchy, 83–84

Mendus, Susan, 97 nn. 40–41

merit, 132–34

Meyers, Diana, 90 n. 24

Mill, John Stuart, 47, 95, 164–65, 176, 198,

206–7, 211, 215 n. 35

Mills and Boon, 51 modeling, 26, 29, 208 monasticism.
See
nuns Mossi, 34

Mottier, Veronique, 50 multiculturalism

joint governance approach, 150–56

as a political approach, 5, 102–10, 127,

146–49

See also
cultures Munro, Vanessa, 49

nationhood, 14–16

neutrality.
See
state, neutrality of Nazism, 107, 237–38

Nietzsche, Friedrich, 162

normality, 6

normative values, 113

influence in empirical claims, 41–43 liberal, 33

not empirical facts, 92 possibility of, 30–31, 56, 81–101

as a requirement of justice, 79–80, 113 norms

appearance.
See
appearance norms harmful, 173, 226

internalization of, 5, 7, 23, 30, 32–33, 123 and self-enforcing conventions, 194 social, 2–4, 10, 21–26, 43–44, 63, 67–68,

81, 91–92, 125, 226

unequal, 173–76.
See also
practices, harmful

North Korea, 41

Nozick, Robert, 9, 235 nuns

Angela-There` se, 250–51

and autonomy, 162–64, 165, 168, 233–39,

243–44, 246–53

Barbara Anne, 249–50

Eva Heymann, 237–39, 243–44, 246–49

privacy of, 237–39, 252

vows made by, 234, 251–52 Nussbaum, Martha

on autonomy, 110, 164–68, 171–72, 180–

81, 184, 191, 234, 237

on capabilities, 166–67, 178–81

on female genital mutilation, 176–82, 184–86, 191

on liberal individualism, 100

as a political liberal, 159–61, 164–68, 171–

72, 176–82, 191, 234, 237

on pornography, 184–85

on respect, 198

on social construction, 159–61, 168–72

on universalism, 170–71

on women priests, 142 n. 44

obscenity, 205, 211.
See also
pornography

Okin, Susan Moller, 95, 106, 149

oppression, 102, 104–5, 133 n. 26

overlapping consensus, 13, 75, 85, 94–95, 180 n. 41.
See also
political liberalism

Oxford, University of, 173–75, 197

Page 3, 184, 186

Panopticon, 23–24, 27–28

Parker, Sarah Jessica, 1, 261–62

particularism, 85–86, 94–96

paternalism, 195

as compatible with autonomy, 216–18, 221–24

hard versus soft, 219–21

and liberalism, 195, 203–4, 206–10

mixed, 210

moralistic legal and legal moralism, 211–12

and sadomasochism, 204–6

single-party versus two-party, 215–19

See also
autonomy; harm; perfectionism; state intervention

patriarchy

development of, 54–56

as the eroticisation of hierarchy, 50–52 men’s role in, 83–84, 93

naturalization of, 47–50 normative perspectives on, 81–93 and the Panopticon, 27–28

persisting despite liberalism, 4, 7–8,

70–74

resilience of, 45–47, 57–58, 69–70

resistance to, 56–80

responsibility for, 82–85

patriarchy (
continued
)

and social construction, 21–22, 39–40,

47–50

See also
feminism; gender perfectionism

and autonomy, 233–35, 240–48, 252–53,

256–59

coercive versus noncoercive, 257–59 and loyalty, 244–54

social forms thesis, 239–49, 253.
See also

social construction

transformation approach, 209 n. 16, 235–

39, 244, 247–55

and value pluralism, 240

See also
autonomy; paternalism; state in- tervention

performativity, 64

Pitt, Gwyneth, 135

plastic surgery.
See
cosmetic surgery

Playboy
magazine, 184–86

pleasure, 28, 33, 51, 212–13 political liberalism

defined, 12–13

and equality, 181–86

John Rawls on, 161, 164–65

Martha Nussbaum on, 159–61, 164–67

and multiculturalism, 103–4

neutrality versus particularity, 85, 94–97 prioritization of second-order autonomy,

161, 164–68, 171–72, 175–86, 191–95,

200–201, 234, 236–39, 252

See also
justice; liberalism political obligation, 95, 152–53

Pollitt, Katha, 132

Popper, Karl, 162

pornography, 53, 65, 73–74, 76 n. 111, 184–

86, 205–6, 212 n. 25

poststructuralism, 8

power, 21–22, 31–34, 42–44, 49–51, 84, 211

creative, 22–30, 44

repressive, 22–23, 28–29, 44.
See also
co- ercion

power/knowledge regime, 29, 32, 40–43 practices

cultural, 10, 29, 33–34, 38–44, 91, 171, 176

n. 33, 194.
See also
cultures

harmful, 1–4, 25, 161, 167, 191 n. 72, 205,

264–65.
See also
breast implants; fe- male genital mutilation; harm; paternal- ism; routine secular circumcision

as inherently social, 38–44, 212, 227–28.

See also
genealogy; social construction rights violating, 128 n. 18

preferences, 9, 31, 37–38, 43, 67, 87, 93, 168

adaptive, 169–70.
See also
social construc- tion

priesthood.
See
Christianity

privacy, 72–73, 78, 131.
See also
/files/02/30/07/f023007/public/pri- vate distinction

prostitution, 75, 216 n. 36

/files/02/30/07/f023007/public/private distinction, 12, 131–32, 183

queer politics, 93, 109