Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Titles include:
Jyothsna Belliappa
GENDER, CLASS AND REFLEXIVE MODERNITY IN INDIA
Edmund Coleman-Fountain
UNDERSTANDING NARRATIVE IDENTITY THROUGH LESBIAN AND GAY
YOUTH
Niall Hanlon
MASCULINITIES, CARE AND EQUALITY
Identity and Nurture in Men’s Lives
Meredith Nash
MAKING ‘POSTMODERN’ MOTHERS
Pregnant Embodiment, Baby Bumps and Body Image
Meredith Nash
REFRAMING REPRODUCTION
Conceiving Gendered Experiences
Francesca Stella
LESBIAN LIVES IN SOVIET AND POST-SOVIET RUSSIA
Post/Socialism and Gendered Sexualities
Shirley Tate
BLACK WOMEN’S BODIES AND THE NATION
Race, Gender and Culture
Kath Woodward
SEX POWER AND THE GAMES
Kath Woodward
THE POLITICS OF IN/VISIBILITY
Being There
Edited by
Herjeet Marway
Lecturer, University of Birmingham, United Kingdom
and
Heather Widdows
John Ferguson Professor of Global Ethics, University of Birmingham,
United Kingdom
Editorial matter, introduction and selection © Herjeet Marway and
Heather Widdows 2015
Remaining chapters © Contributors 2015
Chapter 4:
Except where otherwise noted, this chapter is licensed under a Creative
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in accordance with the Copyright, Designs and Patents Act 1988.
First published 2015 by
PALGRAVE MACMILLAN
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A catalogue record for this book is available from the British Library.
Library of Congress Cataloging-in-Publication Data
Widdows, Heather, 1972–
Women and violence : the agency of victims and perpetrators / Herjeet
Marway, Lecturer, University of Birmingham, United Kingdom, Heather
Widdows, John Ferguson Professor of Global Ethics, University of Birmingham,
United Kingdom.
pages cm
1. Women – Violence against. 2. Women – Crimes against. 3. Violence in
women. I. Marway, Herjeet, 1979– II. Title.
HV6250.4.W65W515 2015
362.88082—dc23 2015019259
Contents
Acknowledgements vii
Introduction 1
Heather Widdows and Herjeet Marway
v
vi Contents
Index 251
Acknowledgements
This volume emerged from a conference of the same title held at the
University of Birmingham in June 2011. We thank the university and
the Roberts Fund for providing financial assistance to support the confer-
ence. We are grateful to fellow students and staff (as well as the occasional
unsuspecting family member) for providing logistical support, without
which this event would not have taken place. Thanks also to the Centre
for the Study of Global Ethics, Department of Philosophy, and PhD
students at the University of Birmingham for fostering an environment
in which feminist philosophy has been allowed to flourish. In partic-
ular, we would like to acknowledge a cohort of Heather’s PhD students,
who formed a supportive and creative group during this period. Finally,
thanks to our friends and families for all their encouragement with this
project. It has been a pleasure to work on a topic we are passionate about
with many scholars who share this passion.
vii
Notes on Contributors
Elena Alonzo holds a PhD from the University of Genoa, Italy. Her
research interests revolve around the topic of political unfreedom in
contemporary liberal societies. In particular, during the past three years,
she has worked on the concept of institutionally structured oppres-
sion. In her dissertation thesis, she developed a conception of freedom
as nonoppression that can work as an analytical device for uncovering
and analysing the specific inner and outer forms of unfreedom that
typically affect certain minority groups such as women.
viii
Notes on Contributors ix
1
2 Heather Widdows and Herjeet Marway
it can involve any combination of these factors at any one time and
vary in its degree and severity. It may appear, for instance, in the private
sphere in the form of domestic or sexual violence in the relationship
between adults and children, between children or between adults. It
occurs too among acquaintances and complete strangers, such as in
crime involving assault and battery, sexual violence and the intimi-
dation of individuals through verbal or – increasingly through social
media – written (in 140 characters or less) abuse (Mantilla 2013; Tjaden
and Thoennes 2000; Bachman and Saltzman 1994). It may also be a
social and cultural harm, for example, in the propagation of assump-
tions about women which make violence more likely and acceptable
(Burt 1980), as well as in cultural norms about what women do and
do not do, which limit agency, understanding and even language (the
ability to name and express experiences of violence or responses to
violence) (Ferraro and Johnson 1983). Other social and political harms
which some would consider violence to women would be pornography
or laws which limit women’s ability to marry or to leave a marriage,
or to work outside the home (MacKinnon 1985; Okin 2002). Likewise,
laws which make it difficult either to claim rape (in certain jurisdic-
tions, such as China, where rape within marriage is still legal, and in
Somalia, where women instead of men can end up being punished)
or to get convictions (in other jurisdictions, such as where sharia law
exists and several witnesses are required to corroborate the charge, and
in the United Kingdom and United States, where women are routinely
demonized and disbelieved in courtrooms and the media) can be
considered violence.2 In addition, violence may include self-harm
(cutting, burning oneself or substance abuse) and suicide (as Hanna
Pickard discusses in this volume). In an age of the Internet and instant
global communication, such harm might include online pedophilia,
pornography and incitement to carry out terrorism too (some of which
is discussed in Gillian Youngs’ chapter). Although some question the
extent of violence perpetrated by women (Pollock and Davis 2005),
examples of women carrying out violence include violence in intimate
relationships in which those who suffer include partners and children
(Babcock, Miller and Siard 2003; Chavez 1992; Faller 1987); violence
against strangers, acquaintances or those under one’s care (Goldhill
2013; Batchelor 2005; Dickie and Ward 1997); and political violence
as part of militaries, insurgencies and political leadership (Ness 2008;
Sjoberg and Gentry 2007). The violence, whether done to or done by
women, may be a one-off, isolated incident, or it may be sustained over
a long period, and the harm may be individual, collective or social.
Introduction 5
the passivity often associated with women and problems with this for
agency). Thus we – along with most of the contributors in the volume –
adopt a broad understanding of gender.
The collection is divided into four main parts: women as victims of
violence; women as perpetrators of violence; governance, violence and
agency; and theorizing violence and agency.
The first section on women suffering violence starts with a chapter
by Sarah Sorial and Jacqui Poltera. It explores the way rape (actual and
implied) threatens women’s autonomy and the way in which men
(whether they commit a rape or not) are complicit in rape culture. They
argue that, rather than the onus being on women to prevent or defend
against rape (to take self-defense classes or to lock their windows in
stifling heat, for instance), men should bear responsibility for addressing
rape and rape culture. This takes seriously the idea that rape is a social
and moral problem, that autonomy is relational and that men and
women are equal moral agents. Sorial and Poltera end by offering seven
recommendations to help redistribute responsibility for rape culture.
Elena Alonzo examines intimate partner violence (IPV). She considers
the ways in which traditional notions of positive and negative freedom
do not account for the complexity of ‘unfreedom’ in IPV and how atom-
istic frameworks do not represent women’s agency sufficiently well.
Drawing attention to institutions as well as social categories in which
women who suffer such violence fall, she argues for a multipronged
approach to understanding women and IPV in her ‘freedom as non-op-
pression’. This takes into account both positive and negative freedom, as
well as structural relationships to understand the degrees of agency and
freedom at play. Alonzo concludes her chapter by offering some brief
policy implications for her account of freedom as nonoppression.
The next chapter is by Rhéa Jean, who examines prostitution. Jean
argues that concerns that (libertarian or liberal) supporters of prostitu-
tion voice about radical abolitionists denying sex workers agency, or
that (postmodern) theorists have about abolitionists undermining
that women are free-willed, nonvictims, is unfounded. The abolition-
ist’s focus is not solely about the individual’s decision or her ability to
negotiate fairer deals, but about social factors that underpin and erode
agency. Jean reinforces this by exploring Joseph Raz’s three conditions
for internal and external conditions for autonomy, and ways in which
a market in sex work is coercive with knock-on effects in other sorts of
work. She concludes both that the sex industry reduces women’s agency
and that sex workers can be as rational as other individuals, and that
these are not contradictions.
Introduction 7
antirape discourse, Schott traces the genealogy of the rape victim and
argues against theorists who suggest that violence is a momentary act,
rather than a systemic problem. She contends that our understanding
of the victim should focus on subjectivity. She argues that in contem-
porary security discourse, notions of the victim have disappeared alto-
gether, with more of a focus on resilience and empowerment. Yet, she
argues that the concept of the ‘resilient agent’ is just as troubling as
the ‘disempowered victim’. Schott ends by arguing for a critical theory
of the victim: we should not abandon the term ‘victim’, assuming it is
purely negative, but rather utilize it to recognize and potentially elimi-
nate systemic violence wherever it occurs.
The final section of the book theorizes violence and agency. Paul
Reynolds’ chapter explores how we might better conceptualize agency.
He is deeply skeptical of the autonomy model since it relies on a liberal
individualism and an atomistic notion of volition and reason that
obscures the complexities of agency. He suggests that autonomy tends
to veer toward labeling women as victims or transgressors and that this
is unhelpful and indeed obfuscates what is happening on the ground.
Using the example of rape, Reynolds contends that we need a concep-
tion of agency that sits dialectically between reason and affect, that
recognizes the interrelated array of factors surrounding any moment of
agency, and that reflects the experiences and perspectives of the person.
This, he argues, better theorizes agency.
Amanda Cawston proposes a definition of violence as an attitude,
specifically one of egoism. This, she argues, gets to the core of what
violence is, and it avoids some of the problems of competing accounts.
The violence in pornography, for instance, is properly captured neither
as suffering nor as rights violations since these fail to engage with the
deeper underlying concerns. It is better captured, Cawston argues, as
an attitude of egoism which reveals not just how consumers of pornog-
raphy are satisfying self-directed desires, but (more importantly) how
pornography distances their sexual desire from uncomfortable truths
about it that would otherwise compel them to see it as a wrong. Cawston
concludes by noting how her definition demands a radical (rather than
liberal) and broad (rather than narrow) approach to feminism and femi-
nist philosophy generally.
In the final chapter, Alison Assiter examines metaphysical aspects
of agency. She questions the assumptions that philosophers have long
held in debates on ontology and freedom that privilege the mental over
the physical. This tendency, she argues, ignores the birthing body of
women, and this has problematic consequences for all conceptions of
10 Heather Widdows and Herjeet Marway
agency – for men and women alike. Assiter offers readings of Immanuel
Kant that demonstrate the displacement of our maternal origins, as
Luce Irigaray puts it, and she discusses how Irigaray’s philosophy might
illuminate a difficulty for Kant about his notion of freedom. She then
sets out how Søren Kierkegaard’s work could be used to overcome the
problem of how to do wrong freely, and in particular how a conception
of freedom and agency could be grounded in the natural world. This is
more like the kinds of human beings we all are and the type of agency
we all have.
This collection, then, explores and interrogates a plethora of issues that
surround the topic of women, violence and agency. In their own ways,
the contributions each stress the significance of structural frameworks
and features of violence and agency, and the importance of accounting
for the real and lived experiences of women – as victims or perpetrators,
or sometimes both, of violence. We hope that the volume adds to the
debate and opens up the possibility of dialogue between theoreticians
and practitioners, and between various disciplines, while remembering
that what ultimately matters is the reduction of violence of all types –
individual, collective and social – and particularly gendered violence.
Notes
1. For instance, the following all deal with conceptual (as well as practical) issues
of agency, violence, power and women: Madhok, Phillips and Wilson 2013;
Schneider 2008; Morrissey 2003; Fitzroy 2001; Walker 1980.
2. For a concise survey of different laws on rape, see http://www.economist.com/
node/21561883.
3. Although since men are associated with being violent, it is also true that men
are likely to be victims of violence too, and this is especially so in the context
of war (Elshtain 1995).
References
Abrams, K. 1998–1999. ‘From autonomy to agency: Feminist perspectives on self-
direction’, William and Mary Law Review, 40, 805–846.
Alison, M. 2003. ‘Cogs in the wheel? Women in the Liberation Tigers of Tamil
Eelam’, Civil Wars, 6(4), 37–54.
Atran, S. 2004. ‘Trends in Suicide Terrorism: Sense and Nonsense’. Available at:
http://209.85.229.132/search?q=cache:MiU4aB1ahCEJ:sitemaker.umich.edu/
satran/files/atran–trends.pdf+Trends+in+Suicide+Terrorism:+Sense+and+Nonsens
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of abusive women: Differences between partner-only and generally violent
women in the use of violence’, Psychology of Women Quarterly, 27(2), 153–161.
Introduction 11
Bachman, Ronet, and Linda E. Saltzman. 1994. Violence against Women. Vol. 81.
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Batchelor, Susan. 2005. ‘“Prove me the bam!”: Victimization and agency in the
lives of young women who commit violent offences’, Probation Journal, 52(4),
358–375.
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Butler, J. 1990. Gender Trouble. Oxon: Routledge.
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Faller, Kathleen C. 1987. ‘Women who sexually abuse children’, Violence and
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Ferraro, Kathleen J., and John M. Johnson. 1983. ‘How women experience
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Fitzroy, Lee. 2001. ‘Violent women: questions for feminist theory, practice and
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Haslanger, Sally. 2000. ‘Gender and race: (What) are they? (What) do we want
them to be?’ Nous, 34(1), 31–55.
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12 Heather Widdows and Herjeet Marway
Introduction
15
16 Sarah Sorial and Jacqui Poltera
and an agent’s autonomy can be damaged when others violate her body,
embodiment is also a feature of agency. We understand autonomy in
relational terms since agents are social beings whose actions and deci-
sions take place within a social milieu.5 It is precisely because autonomy
is ‘shaped by complex, intersecting social determinants and constituted
in the context of interpersonal relationships’ (Mackenzie and Poltera
2010, 48) that being autonomous depends on socially supportive ‘rela-
tions of recognition’ (Anderson and Honneth 2005, 144).
The act of rape, by its very nature, damages the victim’s autonomy
since it violates her bodily integrity and disrupts her sense of ownership
over her actions and decisions. Being raped can also dramatically alter
the agent’s psychological life, interpersonal relationships and identity.6
Rape shatters the victim’s assumptions about her safety in the world and
trust in others. It can change the very structure of the agent’s will, and
it can take years before the victim is able to restore a sense of ownership
over her psychological life, actions and decisions. Representative here is
Susan Brison’s account of how being raped and left for dead profoundly
changed her life. Brison experienced post-traumatic stress disorder
(PTSD) in the aftermath of the assault. She describes the symptoms of
PTSD as follows:
Setting goals and making life plans – some of the very foundations of a
meaningful life – are not things Brison feels able to do because she feels
overwhelmed by anxiety. Brison’s experience illustrates how rape can
destroy an agent’s capacity for autonomy, even if only temporarily. In
Brison’s case, she was initially only able to exercise local autonomy with
respect to actions like taking her medication each day, or getting out of
bed.7 Over time, and with the help of others, she was able to exercise
autonomy with respect to other aspects of her life. For example, she
enrolled in a self-defence course. Brison was able to piece her life back
together and restore her capacity for autonomy in many ways. Yet, she
likens being raped to the death of her, saying she is no longer the same
person as she was before the assault (Brison 2002, 21).8
Rape, Women’s Autonomy and Male Complicity 19
level. Rape culture is in part made possible because many of the social
conditions that support women’s autonomy are diminished. Just as
pervasive male dominance fosters the conditions for rape culture to be
sustained and legitimated, so rape culture can also beget gender inequity
when it functions as a form of social control by which men keep women
in a state of fear and subservience (Card 1991, 299). At the private level,
rape victims can be silenced and rapes underreported, which contrib-
utes to sustaining and overlooking the prevalence of rape. At the public
level, the harmful effects of rape can be diminished and the act of rape
tacitly condoned when, for example, public sporting figures or celebri-
ties escape harsh penalties for rape. This can normalize and legitimate
rape.
Rape culture is a pressing social and moral problem that profoundly
threatens many women’s autonomy. While we agree that male domi-
nance in general, and rape culture in particular, threaten women’s
autonomy relative to men, we do not think that male dominance is
intractable. Nor do we think that women are primarily responsible for
achieving a degree of autonomy, as some of the literature on rape seems
to suggest. For example, within the literature on rape and women’s
autonomy, self-defence is cited both as a way of enhancing women’s
autonomy and as a way of addressing rape culture. In what follows,
we explain the motivations for this approach and why we think it is
problematic.
basic skills to fend off attack, so they alerted us to the extent of our
vulnerability to harm. As with most self-defence courses, the take-home
messages were ambiguous: if you can, run away rather than fight; do not
put yourself in so-called compromising positions (walking alone, being
in poorly lit places, being alone with men you do not know well and so
on); and ensure that you carry out any of the self-defence moves you’ve
been taught effectively lest you further enrage your attacker and invoke
more harm. These messages not only bred fear and heightened overall
anxiety but also tacitly held us, qua potential victims, responsible for
the outcome of the actions of potential perpetrators.
This leads us to the most important point: the emphasis on self-de-
fence in the existing literature is illustrative of an asymmetry in how
responsibility for avoiding and preventing sexual violence is under-
stood and distributed. There is a tendency to focus on re-educating and
resocializing women in ways to equip them to resist rape where this
inadvertently holds them responsible for mitigating the risk of rape.16
And yet, ‘rape should be seen as something that men, as a group, are
collectively responsible for’ (May and Strikwerda 1994, 135). At the very
least there should be as much theoretical and practical attention paid to
educating men about the ways in which their actions and decisions can
threaten women’s autonomy and contribute to rape culture, as there
is on educating women to feel more autonomous and able to defend
themselves. Although the theorists we discuss above would not refute
this, focusing on self-defence training is akin to treating a symptom of
the problem rather than the problem itself.
This does not imply that women ought not to take self-defence classes.
Rather, the point here is that there is something fundamentally wrong
with a social and political environment in which women’s autonomy
can be so impoverished relative to many men’s that the main way to
maintain a sense of autonomy is through learning self-defence and
resisting violence. It is as pressing to find ways to address the broader
social problems that underpin rape as it is for women to find ways to
defend themselves against it.17 In order to begin to do this, we provide
a preliminary account of the ways in which men are complicit in this
social problem. With that in place, we then outline some of the ways in
which men can take responsibility for rape culture.
One way to avoid inadvertently placing the onus on women to avoid
rape and address rape culture is to provide an account of the ways in
which men are complicit in rape culture and thus, in systematically
threatening women’s autonomy. We assume here that there is a correla-
tion between the degree to which an individual or group is complicit in
Rape, Women’s Autonomy and Male Complicity 23
a social problem and the degree to which they should take responsibility
for addressing it. With that in mind, our claim here is modest: insofar as
rape culture is a social problem, members of the society in question are
complicit in it to varying degrees. Since rape is a gendered crime in part
made possible by gender inequity, men are on average more complicit
in and thus responsible for rectifying rape culture and preventing sexual
violence than are women. In so saying, we take ourselves to have shifted
the focus of the discussion from the underlying assumption that women
need to take responsibility to address rape culture by learning self-de-
fence, to focusing on the ways in which men are complicit in and thus
responsible for the problem.18
The claim that men are complicit in rape culture does not imply
that all men are rapists or potential rapists, or that all men are equally
complicit.19 Moreover, it does not follow from recognizing men’s
complicity in rape culture that all men actively or consciously threaten
women’s autonomy, or that all women’s autonomy is necessarily threat-
ened by all men. Rather, in the same way that autonomy admits of
degrees, we think that complicity also admits of degrees. Although a
detailed discussion of complicity and responsibility lies outside the
scope of this discussion, we provide a rough sketch of what we have in
mind here. At one extreme, we have in mind those men who actually
rape and violate women. Such men are clearly responsible for damaging
the victim’s autonomy and for contributing to a culture of fear of rape
that in turn threatens women’s autonomy more generally.20
Men are also complicit if they tacitly condone rape or directly
contribute to rape culture, but do not actually rape women. Men can
contribute to rape culture by socializing other men to diminish inhibi-
tions toward rape through, for example, minimizing or ignoring the
harms of rape and encouraging rape fantasies (May and Strikwerda
1994). Men can also contribute to rape culture if they have the power
and position to prevent a rape or to apprehend a rapist, but do not.
Representative here is the recent case of a major American footballer,
sponsored by Nike, who raped an intoxicated 20-year-old student in
the bathroom of the club where they were both drinking. The victim’s
friend appealed to the bodyguard for help, but was ignored. Prosecutors
said they would neither file charges for this rape nor for others the foot-
ball player was accused of, owing in large part to incompetent police
work. It is alleged that police officers were too in awe of the player to
do their jobs properly, although they did reprimand him for his behav-
iour. Nike continues to sponsor him, despite recently dropping another
player for cruelty against animals. Apparently, rape does not warrant
24 Sarah Sorial and Jacqui Poltera
negative, bored or angry responses as a sign that the erotic ground needs
to be either cleared or abandoned’ (p. 236). Male feminists and educa-
tors such as Weinberg, Biernbaum (1993) and Kimmel (1993) also draw
attention to the need to educate young men about consent in terms
of communicative sexuality and to emphasis mutual pleasure in sexual
encounters. This is one way of ensuring that men treat women as equal
partners, with their own desires and needs that ought to be respected.
Other ways in which men can take collective responsibility for
addressing rape is for prominent male celebrities and community
leaders to support events such as ‘White Ribbon Day.’ This is an
Australian campaign designed to engage male community leaders and
decision-makers in speaking out and stopping violence against women.
The organization engages men because it sees violence as a male issue
for which men are collectively responsible. It is also aimed at raising
awareness about violence against women and its unacceptability. While
campaigns such as these are to be lauded, they need to be bolstered by
more extensive and far-reaching education campaigns aimed at young
men in particular at both secondary and tertiary education levels and
also in all-male environments in which such anti-social and violent
behaviour flourishes. We have in mind here education programs aimed
at young men in sporting clubs and the military.
There are also ways in which men can take responsibility at a personal
or individual level. For example, Larry May describes situations at venues
like conferences at which male speakers have made jokes or statements
that are overtly sexist. If a woman points this out, the usual response is
for men to roll their eyes or make comments that the woman has a ‘thin
skin’ or ‘can’t take a joke.’ If, however, another man points to the sexist
nature of the joke, men in the audience, as well as the speaker, will often
look uncomfortable or guilty.28
A possible objection to our view is our claim that we need to focus on
the ways in which men can be educated and held responsible for rape
culture is based on a flawed assumption. Namely, if men are alerted to
the ways in which their action or inaction threatens women’s autonomy
and contributes to rape culture, they will be more likely to support
women’s autonomy and respect them as equal moral agents. Recent
empirical evidence outside the discipline of philosophy suggests that
raising awareness does not always change behaviour (Carmody 2006).
However, there is also evidence to suggest that it does.29 Even if it is the
case that change through education is possible, however minimal, we
think this is reason enough to adopt this as a viable strategy, alongside
serious law reform to sexual assault laws in general. It is also the case,
Rape, Women’s Autonomy and Male Complicity 29
as May rightly points out, that while men are the perpetrators of rape
and sexual harassment and those most likely to exclude or diminish the
status of women as equals, many men are also enraged, saddened, guilt-
ridden and ashamed of their position in society (p. 146). It is these men
who ought to be at the forefront of such campaigns.
Conclusion
Our aim in this chapter has been to develop the foundations for a posi-
tive account of how women can realize autonomy despite rape culture
and widespread fear of rape. In doing so, we have also aimed to provide
an account that can go some way toward reducing rape culture. At the
descriptive level, we have argued that on average, women are still treated
as a subclass and not recognized as moral equals to most men. We have
argued that there is an asymmetry in advocating responsibility for rape
culture since the focus is overwhelmingly on recommending ways that
women must change or adapt to resist subordination in general and
rape in particular. The normative aspects of our argument are that any
adequate account of how women can realize autonomy despite rape and
rape culture needs to pay attention to the social conditions that scaffold
autonomy; responsibility for addressing rape culture needs to be fairly
distributed between men and women; increased attention needs to be
paid to educating men in ways that better equip them to reduce rape
culture; and relations of mutual recognition between men and women
must be improved if we are to address rape culture.
Notes
1. We focus here on the ways in which rape and fear thereof constrains women’s
autonomy, although we concede that it constrains some men’s autonomy as
well. We also use the terms ‘rape’ and ‘sexual assault’ interchangeably.
2. For example, there have been significant shifts in recent years in the way the
criminal justice system conceptualizes consent. Extensive legislative reform
has occurred throughout Australia and across the globe. While each jurisdic-
tion in Australia has particular ways of defining consent or lack of consent and
the type of knowledge the defendant needed to have at the time of the assault,
there is a legislative shift to what is called a ‘positive’ model of consent. This
means that there is a free agreement between all parties involved, with no
coercion, force or intimidation of any kind; and an individual will actively
display his/her willingness to participate and consent to sexual activity.
Consequently, submitting to sexual activity, or not actively saying ‘no’, is not
enough to demonstrate consent, and the consent of the other party in a sexual
encounter should never be assumed, and should be actively sought after and
30 Sarah Sorial and Jacqui Poltera
‘the real and effective capacity to develop and pursue one’s own concep-
tion of a worthwhile life’, where this can only be achieved under ‘socially
supportive conditions’ (Anderson and Honneth 2005, 130). The so-called
choices outlined above are the result of women’s adapting their preferences
and constraining the range of options available to them out of fear or a
sense of vulnerability to men. These are also examples of the ways in which
women’s autonomy is undermined by rape culture and by unsupportive
social conditions.
14. Other avenues for promoting women’s autonomy advanced by the theorists
we discuss here include making rape narratives public (Brison 2002) and
improving legal reform (Brison 2002; Burgess-Jackson 1996; Cahill 2001).
15. For example, Brison writes, ‘the confidence I gained from learning how to
fight back effectively not only enabled me to walk down the street again,
it gave me back my life’ (Brison 2002, 15). Taking self-defence enabled her
to break the cycle of shame and self-blame and feel anger at her attacker.
As such, learning self-defence can enhance a woman’s sense of safety in the
world and be therapeutic for victims of rape (Brison 2002, 16–17).
16. May and Strikwerda (1994) are an exception to this trend.
17. Burgess-Jackson’s suggestion that self-defence classes should be subsidized
or tax free, and Brison’s claim that they should be run as credit courses at
universities go some way to addressing the broader social problems.
18. Similarly, May and Strikwerda argue that men are collectively responsible
for rape and rape culture. On their account, ‘insofar as male bonding and
socialization in groups contributes to the prevalence of rape in western socie-
ties, men in those societies should feel responsible for the prevalence of rape
and should feel motivated to counteract such violence and rape’ (1994, 135).
Although we do not discuss their account in detail since their concerns are
somewhat distinct from our own, their analysis of how men contribute to
rape culture shapes some of our discussion of men’s complicity.
19. We aim to avoid operating with an oversimplified picture of gender rela-
tions whereby men and women are treated as hegemonic groups: women are
potential victims who need to learn to defend themselves against men, the
potential perpetrators.
20. For example, in her study of the prevalence of rape in South Africa, Helen
Moffett refers to an interview in which a taxi driver candidly described how
he and his friends would cruise around on weekends, looking for women to
abduct and have sex with. When the interviewer pointed out that his actions
constituted rape, the man was visibly astonished and responded that ‘these
women, they force us to rape them!’ He went on to explain that he and his
friends only picked those women who ‘asked for it’, namely, ‘the cheeky
ones – the ones that walk around like they own the place, and look you in
the eye’ (Moffett 2006, 138). While South Africa does have exceptionally
high rates of rapes compared to other jurisdictions, rape remains a persistent
feature of many women’s lives across most jurisdictions. The above example
is merely intended to highlight more extreme forms of complicity.
21. Timothy Egan, ‘Nike’s Women Problem’, New York Times, 23 June 2010.
22. See also the recent case in Australia of a former detective who was pressured by
other officers to drop charges against footballers charged with the rape of two
women: Paul Millar and Michael Gleeson, ‘Detective “pressured” over Saints
32 Sarah Sorial and Jacqui Poltera
rape claim’, The Age, 22 June 2010. Consider also the failure of the judiciary
to recognize the harms done to women and to appropriately enforce the law.
In the case of R v Johns, Bollen J claimed, ‘There is, of course, nothing wrong
with a husband, faced with his wife’s initial refusal to engage in intercourse,
in attempting, in an acceptable way to persuade her to change her mind, and
that may involve a measure of rougher than usual handling’. Consider also
Bryan J’s comments about trauma: ‘the aggravated rape was most serious, but
having regard to the unusual circumstances that the victim was not trauma-
tised by the event, indeed, was probably comatose at the time, a sentence
significantly less than the maximum is deemed appropriate’: R v Stanbrook
(10 November 1992, Vic SC, unreported). We suggest that all these men are
almost as complicit as the actual rapists.
23. Illustrative here is May and Strikwerda’s example of male professors real-
izing that their female colleagues had not noticed how pretty the university
campus looked at night because if they ever were on campus at night, they
were too anxious to notice (1994, 147–148).
24. These are not clearly delineated categories. Individual men may move
along the spectrum during the course of their lives. For example, May and
Strikwerda recount being members of a group which directly contributed to
rape culture through sexually harassing women and engaging in frequent,
lively discussions about rape. However, they later shifted away from the
group and over time became acutely aware of their own complicity in rape
culture (1994, 134–135).
25. This is one clear way in which men and women alike can be implicated in
rape culture. See Rae Langton (1993) for an account of silencing.
26. See Carmody (2006) for an empirical account of what it means to be an
active, ethical bystander. Briefly, being an active bystander means preventing
other men from raping and intervening in situations in which you know
that a rape is occurring. For example, had the bouncer in the Nike celebrity
example been an active bystander, he would have stopped the rape or at least
attempted to do so. Being an active bystander also involves challenging and
opposing men who contribute to rape culture. This stems from the insight
that rape should be understood as a public, cultural problem rather than a
private act (May and Strikwerda 1994, 135).
27. A recent example that supports this claim is the ‘pro-rape’ Facebook site
established by Sydney university students. For more see http://www.smh.
com.au/technology/elite-college-students-proud-of-prorape-facebook-page-
20091108-i3js.html and http://www.smh.com.au/ ... /sydney-university-ex-
pands-sexassault-policy-20100224-p3ly.html.
28. May writes, ‘there is no room for a conspiratorial nod or chuckle toward
other men since it is not clear whether these other men will side with the
speaker or with the man who has challenged the speaker. In addition, men
cannot easily dismiss the criticism since it emanates from a position where
it is assumed that male experience is taken seriously. For these reasons, criti-
cism of male behaviour will sometimes be more believable if it is issued by
men rather than by women’ (p. 147).
29. See, for example, J. Foubert and M. McEwen (1998) ‘An All-Male Rape
Prevention Peer Education Program: Decreasing Fraternity Men’s Behavioral
Intent to Rape’, in Journal of College Student Development, 39(6), 548–556.
Rape, Women’s Autonomy and Male Complicity 33
References
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Princeton University Press.
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Morris (eds) Violence, Terrorism, and Justice. New York: Cambridge University
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2
Women between Agency and
Coercion
Elena Alonzo
Introduction
34
Women between Agency and Coercion 35
experience and account for the specific constraints that battered women
systematically face in making their own choices and actions. Moreover,
by drawing from the existing literature on rape and violence, as well as
from surveys and quantitative data on IPV based on sociological, social
policy and criminological perspectives, I will offer empirically assessable
criteria for measuring the degree of unfreedom suffered by the victims of
IPV. These criteria can serve as a basis for policymaking and for the reform
of the institutional practices (by medical staff, police officers, judges and
courts, for example) that provide the context in which domestic violence
is currently taking place.
As defined for the purposes of this chapter, IPV is the name for the
violence inflicted by intimate male (former, or current) partners against
female (former, or current) partners.2 These types of harms are directly
and indirectly perpetrated through material and psychological abuse. To
elaborate, material abuse encompasses a wide range of physical abuse
(such as slapping, beating, punching and murder), sexual abuse (such
as coerced sex through intimidation, threats and physical force), and
economic abuse (such as denial of funds, denial of foods and basic needs
and controlling career choices and exploitation). In addition, there are
many different forms of psychological abuse (such as threats of abuse,
threats to take away the custody of children, isolation, verbal aggres-
sion, systematic humiliation and devaluation). Although these catego-
ries are listed separately, they are not mutually exclusive; indeed, they
often go hand in hand, and their interactions have crucial physical,
psychological and economic consequences for the victims.
For example, broken bones, bruises, internal bleeding, preterm labour,
miscarriage and death of the fetus are only some of the more acute,
concrete and ‘visible’ physical effects of violence. Chronic health condi-
tions (such as chronic pain, ulcers and migraines) are less visible, but
still serious signs of IPV (Berrios and Grady 1991).3 Besides the physical
effects, there are the psychological consequences of IPV, such as fear, anxiety
and sexual dysfunction, as well as post-traumatic stress Disorder (PTSD),
which are extremely hard to detect, report and counter because of their
hidden and intangible nature. They deeply affect the victims, leaving
them in a situation in which they are often made to feel mentally desta-
bilized, powerless, guilty and unable to see exit options (Vitanza et al.
1995, 23–24).4 Finally, there are the economic effects, such as financial
dependence and lack of economic resources due to the fact that abused
36 Elena Alonzo
women often do not work and lack employable skills because their part-
ners prevent them from working or studying (Hirschmann 2003, 111).
Therefore, they do not have the opportunities to be autonomous, inde-
pendent and take care of themselves and their children.
This analysis shows that IPV is a complex harm that – through direct
(external) and indirect (internal) material and psychological forces, and
their interconnections and effects – systematically restrains the range of
opportunities effectively available to women, reducing their choices and
actions and moulding their lives in particularly problematic ways. On
the one hand, then, women’s agency and freedom are restricted through
direct and ‘concrete’ infringements such as physical coercion, threats and
many different forms of actual interference that come from the outside
and are intentionally and purposefully exercised by identifiable abusive
mates. On the other hand, there are a variety of inner and ‘intangible’
psychological barriers that precede, accompany and frequently follow
material and external abuses and incapacitate women from within, by
indirectly shaping their beliefs, preferences and desires. In this regard,
being battered, raped, threatened, deprived of funds or isolated are not
just external and concrete interferences sometimes coloured with impor-
tant psychological components; instead, they are actions that have deep
psychological consequences which are always present and inextricable
from the outer harms. This entails that the line between external and
internal forces of IPV is not neatly drawn; rather, the two must be seen
as mutually constitutive and inevitably intertwined to maintain an
inextricable trap around women.
Therefore, in order to analyse IPV and the lack of freedom it implies,
we should reject mainstream conceptions of freedom. They still divide
along the lines offered by Isaiah Berlin (1969) in his influential essay
‘Two Concepts of Liberty’, of two senses of freedom, negative and posi-
tive, which rely respectively on the existence of concrete interference
from outside the individual and the presence of pervasive barriers inside
the person. Since Berlin’s work, these two accounts of freedom have
been usually considered as mutually exclusive and at times not inter-
twined. However, as the analysis of IPV highlights, a persistent lack of
negative freedom in fact harms victims psychologically, causing them
to lack positive freedom and vice versa. Thus, if we want to capture the
complex processes through which external forces of IPV result in deeper
harms that incapacitate women from within, we necessarily need to set
aside the traditional dichotomy between negative and positive concep-
tions of freedom and dismiss the related sharp distinction between inner
and outer constraints.
Women between Agency and Coercion 37
Consider woman X, who lives with her abusive partner and appears not
to be doing anything to help herself. Some people will maintain that
she is in fact free to leave because no one is either physically restraining
her, by binding her hands and feet, or waiting outside the door with a
gun. Others will answer that, although no one is effectively preventing
her from doing whatever she might want to do, she may be blocked
by threats of physical coercion, the absence of work that pays enough
to allow for her financial independence, or the lack of a secure place
in which to seek refuge. Others will suggest that she might be staying
because she is paralysed by fear, stress, the inability to see a ‘way out’,
guilty feelings or a lack of self-worth that make her unable to press
charges against her partner.
All these responses may appear correct. The first answer, for instance,
refers to a narrow (‘pure’) negative conception of freedom, according to
which she counts as unfree because there is an identifiable agent who is
purposefully making it physically impossible for her to take action. The
second reaction also focuses on a negative conception of freedom, but
(different from the first) it expands the notion of the barriers that can
preclude her from making choices and actions, by including threats and
other social obstacles that are in the control of individuals who can be
held accountable. Finally, following a positive conception of freedom,
the third response relies instead on internal barriers that arise from the
abuse that affect her way of thinking and behaviour, and prevent her
from doing what she really wants. However, it would be a mistake to
consider these three perspectives on what constitutes a restraint on
woman’s freedom and agency as mutually exclusive: if we focus on just
one of these dimensions of unfreedom at a time, the risk is that we end
up considering that women are ‘free’ when they are in fact trapped, or
are making a choice when they have in fact been forced in a particular
direction, or vice versa.
In other words, in order to analyse women’s experience and account
for the specific infringements battered women face in making their
own choices, we do not need to appeal to a model of liberty that entails
either a problem of negative freedom, or a problem of positive freedom.
Rather, we should consider the traditional distinction between positive
and negative freedom – or between ‘internal’ and ‘external’ freedom
(Hirschmann 2003) – as not neatly drawn, and that the positive and
negative liberty elements are mutually constitutive and inevitably
38 Elena Alonzo
To explore this insight that IPV is a problem that lies in our collec-
tive arrangements, namely an injustice of our practices and institutions
that curtail women’s freedom as a consequence of unjust networks of
relationships and illegitimate distributions of power, rather than as
the result of individual wrongdoings, consider, for instance, the police
(Hirschmann 2003, 114–115). Although the charge rate relative to
domestic violence is extremely low, there are, of course, women who
report abuse.5 Therefore, the police are particularly well positioned to
provide assistance to the victims, but very often their own prejudices,
lack of training and reluctance to intervene (especially in poorer and non-
white areas where intervention is considered highly dangerous to police
officers) hinder them from dealing with IPV (Ferraro 1993, 166; 1989).
Studies show that police often fail to arrest the abuser, arresting instead
the victim, display a dismissive attitude towards women’s complaints,
consider IPV a private affair, tend to have conciliatory approaches and
fail to see women’s fear of their abusers as what motivate their reluc-
tance to press charges or leave (Ben-Ishai 2009).
Similarly, the legal system should have a key role in the struggle against
IPV. It could strongly reinforce the message that IPV is a serious criminal
matter for which abusers will be held accountable (Hirschmann 2003,
116–117). Nevertheless, most of the time it fails to take domestic violence
seriously by leaving the victims without adequate protection and
revictimizing them. For instance, in courts, discourses about domestic
violence are often trivialized by the use of terms like ‘quarrel’, ‘argu-
ment’ or ‘contention’, namely, terms that highly mitigate or obscure
the nature of the harm and restrain the public acknowledgement of the
injustice that has been perpetuated. This leads to lighter punishments
and sentences that usually do not seem to take into account the serious-
ness of the problem.6 For instance, since the entity of the harm some
women face (and the associated consequences) is often denied or under-
estimated, women/mothers do not usually get justice; instead, they are
often left without adequate protection, and are questioned and even
accused of having exercised violence when they were simply trying to
defend themselves.7 Similarly, those who seek to escape their batterers
and safeguard themselves and their children from considerable risks by
moving away are often seen by courts as ‘criminals’, acting against the
best interest of the children – which are supposedly attained by joint
custody – despite the fact that living in a different city from the batterer
may reduce the likelihood of further aggression.8 Finally, because of
the harm they suffer (or have suffered), battered women are frequently
believed to be (physically and psychologically) unfit mothers: unsuitable
40 Elena Alonzo
to take care of themselves and their children (Kernic et al. 2005). Thus,
initially seen as victims/accusers, women paradoxically become respond-
ents and viewed as ‘insane’ in courts, which tacitly condone and even
support the violence systematically directed at them.9
The various aspects of the criminal justice system with its institutional
mechanisms, laws, norms, police, courts, provisions, assumptions and
prejudices are not the only institutional barriers that systematically
and unjustifiably restrain women’s agency and freedom. The health-care
system also has a fundamental role in maintaining and reproducing the
specific forms of unfreedom that women face and that make them partic-
ularly vulnerable to attacks (Hirschmann 2003, 117–118). Very roughly,
since the vast majority of battered women visit a health facility at some
point in their lives – for instance, during pregnancy or to get treatment
for themselves or their relatives – the medical system and its personnel
are well placed to identify abuses and refer them to other services aimed
at intervening on their behalf. The reality, however, is that, far from
playing a proactive role, the health-care system is usually unresponsive
to women facing IPV, blind to their needs and inclined to trivialize the
problem (Ptacek 1988, 152–155). Medical personnel screen for IPV in
only 6% to 10% of cases, fail to inquire into the cause of the trauma,
accept unrealistic and clearly false explanations (e.g. ‘I bumped into a
door’), and give women tranquilizers that can put them at greater risk of
attacks (Hirschmann 2003, 117). However, medical personnel may report
to authorities suspected acts of domestic violence, regardless of women’s
will and wishes. Patently ignored or treated as passive, non-autonomous
or irrational subjects, women tend to refrain from seeking medical aid.
This is especially true for those who have children: in cases of reported
abuse, women risk losing their children to foster care on the basis that
they are unfit mothers and that IPV harms the child (Smith 2000).
Another institutional structure that highly affects women’s lives is the
Catholic Church. Along with other religious structures, it has the highest
negative influence on battered women. Despite the fact that victims of
IPV contact clergy for help more often than any other source, clergy
have been found to rebuff women’s requests with responses backed up
by biblical passages (that reveal all their patriarchal power), suggesting
that women should be subservient, patient, keep their marriage together
despite high emotional or physical costs to themselves and their chil-
dren, and try to ‘save’ or ‘redeem’ their abusive husbands from the ‘sick-
ness’ that affects them. Furthermore, the belief and advice that divorce
is a sin and is prohibited by clergy exposes women to higher risks
(Hirschmann 2003, 118).
Women between Agency and Coercion 41
Not only formal institutions but also broad social categories such as
race, sexuality and class are significant to analysing and understanding
battered women’s experiences. Although IPV is present everywhere,
cutting across boundaries of race, culture, class, education, income
and age (for example), violence breaks out frequently where economic
conditions are difficult; cultural norms lead to acceptance – by the
perpetrators, wider community and victims too – that battering is a
normal part of marriage; the level of education is low, and biases and
prejudices about women’s roles allow sexist behaviours to exist; ethnic
minority women do not wish to subject themselves, or their batterers, to
the racism of the criminal justice system, or, because they may not have
papers or the right to legally work in the country, they do not want to
draw the attention of the authorities to themselves (Hirschmann 2003,
118–119; Crenshaw 1995).
Finally, the media play a central role in addressing violence against
women. That is, it gives people the lens through which to look at the
phenomenon. Yet, to a certain degree, the media makes such violence
possible, and even tolerable. Newspapers and mass media generally
report ‘bloody’ crimes of passion that sensationalize and draw in readers.
News about desperate or enraged husbands who kill their spouses and in
turn commit suicide, for example, often influences both judges, whose
sentencing of batterers may be unduly lenient, and the public at large,
who may give credit to scientifically unfounded hypotheses (such as
PAS), and weakens negative judgments about batterers. Accordingly,
articles rarely mention the sustained harm that precedes the dramatic
event (which occurs in at least 75% of cases of violence perpetrated by
men over women, but not vice versa (Campbell 1992, 99–113)) and
describe these episodes as though they were the matter of an unpre-
dictable ‘emotional outburst’ or ‘madness’, rather than the outcome of
continuous abuse.10 This misleading representation of IPV leads battered
women to believe that if they only experience some stalking or some
tugging from their partners, they are not victims of IPV.
This analysis clearly shows that the fundamental institutional struc-
tures that govern well-meaning liberal societies reinforce, on a daily
basis, batterers’ power over women, undermine victims’ agency and
freedom, and limit the effective and concrete resources that women (not
only those who directly face harm) have to escape damaging attacks.
If it is true that at the micro-level, there is an accountable batterer X
who intentionally harms his partner Y, it is also true that, according to
an enlarged perspective, there is an entire social context which moti-
vates, reproduces and enables – through direct and indirect material
42 Elena Alonzo
and psychological forces that often exceed the grasp and control of any
particular individual – asymmetrical relations between men and women,
making individual acts of violence possible, conceivable and, in some
sense, even acceptable. It is in such a context that victims of IPV shape
their lives and attitudes. They learn that society, sometimes tacitly, but
more often overtly, allows or condones the violence perpetrated against
them and offers few opportunities for an easy way out of the situation.
Hence, battered women adopt a variety of strategies to bear the injury
and cope with their powerlessness and helplessness. For instance, they
may try to keep away from the abusive partner, hope he will change,
deny that violence is happening and adopt self-deceptive behaviours,
claim responsibility for the injuries in order to persuade themselves
they have some control, and go limp during the beating to lessen the
damage. Theorists explain that many battered women are trapped in a
‘cycle of violence’, namely a complex system of interactive material and
psychological forces that lead them to wait and wish that the violence
will suddenly stop and the situation will turn out to be ‘normal’ again
(Walker 1979).
In sum, battered women face individual acts of violence as well as
institutionally structured constraints that directly and indirectly limit
their options and make them extremely vulnerable to the abuse.
Nevertheless, they are generally conceived (by theorists, judges, medical
personnel, media, relatives, friends, women who have never been
abused, for instance) as free, and free are their choices and actions to stay
or return to their abusive partners and continue to be systematically
beaten and blamed.
‘real choices’ and which choices are instead ‘obliged choices’, overtly or
covertly imposed by the socio-relational circumstances in which battered
women are called daily to express their agency. For instance, if the anal-
ysis reveals that C is a context in which men and women have equal
moral consideration, economic resources and legal opportunities, we
should conceive of a woman’s choice to return to her abusive husband
as a free choice which obeys the woman’s ‘second-order desires’, namely
those desires with which she identifies and which reflect her ‘real’ self.
By contrast, where the inquiry shows that C is a context in which IPV
is a largely ‘tolerated’ social practice, women’s voices are often overtly
ignored, resources for battered women are a low funding priority, the
media obscures the violence, and police and media personnel often
disbelieve women that report abuse, then to consider a woman’s deci-
sion to remain in a violent relationship as free is wrong and, in some
sense, disrespectful towards her. It is also harmful to those women
who have never been subject to direct attacks (yet) and, nevertheless,
turn out to be systematically restrained. Although their experience has
never been one of dramatic beatings and tortures, they live (in fact)
in a cultural landscape in which being harmed is a latent risk that can
always become an overt reality and in which the social conditions that
allow intimate abuse are unquestionably accepted as ‘normal’. In other
words, by virtue of the fact that they are women in social contexts that
unjustifiably constrain their freedom, everyday brings with it a constant
sense of fear and uncertainty.
By objectively investigating women’s concrete resources and opportu-
nities in a given context, the model of freedom as non-oppression offers
the tools for addressing women’s experiences and judging whether
their – rational – decisions to remain in violent relationships can be
considered, in actual fact, free.
Thus, whereas the common public view of IPV is dominated by
responses that alternate among disdain, sorrow and pity, the concep-
tion of freedom as non-oppression offers the possibility of recognizing
whether battered women are free and free to express their agency, but
do so within severely restrained contexts that in turn affect their under-
standing of their chances and options.
Conclusion
Notes
I am very grateful to Herjeet Marway for her detailed and thoughtful revisions
and comments. Deep gratitude also goes to Valeria Ottonelli, Elisabetta Galeotti,
Enrico Biale, Chiara Testino and Irene Ottonello for many very helpful insights
and suggestions. Finally, a portion of this work was presented in talks to the
Workshop ‘Women and Violence: The Agency of Victims and Perpetrators’ at the
University of Birmingham, and I very much appreciate the feedback and ideas
offered on that occasion.
1. As will become clearer later, when I talk about forms of ‘unfreedom’, I refer
to the inner and outer constraints that systematically affect battered women,
reducing their options, limiting their agency and making them unable to
express themselves and live their lives.
2. In this regard, I make some preliminary remarks. According to my definition,
I will not consider domestic abuse inflicted on women by other relatives, even
though they occur within the boundaries of the home. Moreover, I will focus
essentially on male-on-female violence. This is not to deny or uncritically
dismiss the reality of female-on-male violence, but to analyse the phenom-
enon as it systematically happens. Whatever, in fact, the possible rates of
violence against men, the rich literature on IPV clearly shows that it is highly
unlikely that female-on-male domestic violence is as prevalent as its coun-
terpart. For a detailed analysis of the ‘battered husband syndrome’, see, for
instance, Steinmetz (1978) and Steinmetz and Lucca (1988). For a critique of
these insights, see Pleck et al. (1977), Mills (1984), and Tjaden and Thoennes
(2000, p. 27). Importantly, although my interest here is exclusively on male-
on-female domestic violence, I am not excluding the possibility of lesbian or
homosexual violence. This occurs in fact at statistically significant rates, and
it would deserve, at least, a chapter on its own to be accurately analysed. On
this, see, for instance, Renzetti (1992) and Island and Letellier (1991).
3. An Italian survey of 870,122 Italians made on ‘formal acts’ (charge, medical
reports, calls for assistance etc.) shows that in Verona (Italy) in 2006, there
were 2,106 calls for assistance to police and other institutions; 64.8% of
women were physically assaulted by a current or a former partner; 70.5% of
the time, victims present bruises, broken bones or lacerations. See Osservatorio
Nazionale Violenza Domestica (2006a; 2006b).
4. An Italian survey reveals that 35.1% of the time, battered women experience
depression; 48.8% lack of self-esteem and trust; 44.9% powerlessness; 41.5%
sleeplessness; 37.4% anxiety, 24.3% lapses in concentration; 14.3% generalized
problems to take care of children; and 12.3% self-mutilation and attempted
suicide. See Istituto nazionale di statistica, ISTAT (2006, p. 16).
5. According to the ISTAT (2006, p. 14) survey, 7.2% of domestic violence is
reported. Women report less sexual violence perpetrated by partners (4.7%)
than physical violence (7.5%), and less assault at the hand of current partners
than at the hand of former partners. Whereas few women charge their part-
ners, many of them (47.6%) call the police or report the assault (including the
most violent), and they face judges, lawyers and professional caregivers.
6. In general, restraining orders are hardly pronounced, and even when they are
assigned they are often made ineffective and difficult to enforce by lack of
Women between Agency and Coercion 49
funds and resources. There is a great deal of evidence of cases in which judges
discount women’s testimonies and underestimate an individual’s dangerous-
ness, instead releasing batterers who subsequently persecute or even killed
their partners (Ptacek 1999; Saba et al. 2008). Moreover, phenomena that in
comparison with murders or rapes are considered ‘less entity’ harms, such as
stalking, have recently been configured as crimes; therefore, in such cases the
enforcement of the laws is extremely imprecise and undetermined. There is
a tendency to understand these forms of interference as transient reactions
destined to quickly disappear, rather than the prelude of more intense, inva-
sive and preannounced harm (Tjaden and Thoannes 2006).
7. Women who harm their partners in self-defence risk being arrested because
judges tend to consider domestic violence as mutual. Moreover, it often
happens that women who kill their partners are treated more harshly than
their counterparts (Ferraro 1993, 169; Barron 2000, 89–96).
8. It may be useful to remind readers that, in many states, restraining fathers
from seeing their children or limiting their visitation rights is worse than
exposing women and children to the risk of further attacks. Therefore, it is
common that courts prevent women/mothers from moving away, far from
the abusive partners and grant child custody to both parents (Kernic et al.
2005).
9. On the other side, batterers tend to become persecuted people: discriminated
in courts, turned out into the street, separated from their children, viewed as
desperate men. In this regard, I may mention parental alienation syndrome
(PAS) and the way in which it has recently been used in child custody deter-
mination processes to award sole custody to fathers. Although no professional
association has recognized PAS as a relevant medical syndrome or mental
disorder, and it is not listed in the American Psychiatric Association’s (APA’s)
Diagnostic and Statistical Manual of Mental Disorders, it is often endorsed by
fathers’ rights groups and by newspapers in relation to women’s murders
and harassment at the hand of male partners. This has led judges to issue
less severe sentences and public opinion to undervalue the batterer’s moral
blameworthiness (APA 2008).
10. For a detailed analysis of the ways in which, according to an Italian study, IPV
is generally reported by newspapers, see Quaglia (2004) and Crisma (2004).
11. According to positive conceptions of freedom, people can have ‘first- and
second-order desires’. ‘First-order desires’ are desires for something other
than a desire (while trying to quit smoking, the desire to smoke a cigarette,
for example), while ‘second-order desires’ are instead desires about a desire
(the desire to be rid of the desire to smoke a cigarette, for instance). People
experience their desires and purposes as higher or lower, noble or base,
good or bad. Because of these conflicting capacities, people may follow
desires, compulsions and addictions that are at odds with their ‘true’ selves
and that impede their liberty. This entails that in order to be free, it is not
enough to experience the absence of external barriers, because the internal
factors people have may frustrate their true will and push them to violate
their real desires. These internal factors can work as ‘internal barriers’ and
keep people from pursuing their higher desires (Taylor 1979). It follows
from this notion that others may claim to know what is good for me better
than I do myself and preserve my true self from false desires; in so doing,
50 Elena Alonzo
References
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Syndrome’. Available at: http://www.apa.org/news/press/releases/2008/01/pas–
syndrome.aspx, [Accessed 17 February 2012].
Barron, P. 2000. ‘Gender discrimination in the U. S. death penalty system’, Radical
Philosophy Review, 3(1), 89–96.
Ben-Ishai, E. 2009. ‘The autonomy-fostering state: “Coordinated fragmenta-
tion” and domestic violence services’, The Journal of Political Philosophy, 17(3),
307–331.
Berlin, I. 1969. ‘Two Concepts of Liberty’, in Four Essays on Liberty. Oxford: Oxford
University Press, 118–172.
Berrios, D.C. and Grady, D. 1991. ‘Domestic violence: risk factors and outcomes’,
Western Journal of Medicine, 17, 133–142.
Campbell, J.C. 1992. ‘“If I Can’t Have You, No One Can”: Power and Control in
Homicide of Female Partners’, in J. Radford and D. Russell (ed.) Femicide: The
Politics of Women Killing. New York: Twayne, 99–113.
Carter, I. 1999. A Measure of Freedom. Oxford: Oxford University Press.
Crenshaw, K. 1995. ‘Mapping the Margins: Intersectionality, Identity Politics and
Violence Against Women of Color’, in K. Crenshaw, N. Gotanda, G. Peller, and
K. Thomas (eds) Critical Race Theory: The Key Writings That Formed the Movement.
New York: New Press, 358–377.
Crisma, M. 2004. La violenza alle donne secondo la stampa: un’analisi dei quotidiani
locali, Rapporto di ricerca, con la collaborazione di P. Romito, G. Lonzaric, F.
Quaglia e M. Strizzolo, Maniaco: Comune di Maniaco.
Ferraro, K.J. 1989. ‘Policing woman battering’, Social Problems, 36(1), 61–74.
Ferraro, K.J. 1993. ‘Cops, Courts, and Battered Women’, in P. Bart and E. Moran
(eds) Violence against Women: The Bloody Footprints. Newbury Park, CA: Sage
Publications, 166.
Hirschmann, N.J. 2003. The Subject of Liberty: Toward a Feminist Theory of Freedom.
Princeton, NJ: Princeton University Press.
Island, D. and Letellier, P. 1991. Men Who Beat the Men Who Love Them: Battered
Gay Men and Domestic Violence. New York: Haworth Press.
ISTAT. 2006. ‘La violenza e i maltrattamenti contro le donne dentro e fuori la
famiglia’. Available at: www.istat.it/salastampa/comunicati/non ... 00/testointe-
grale.pdf (home page) [Accessed 17 February 2012].
Women between Agency and Coercion 51
Kernic, M.A., Monary-Ernsdroff, D.J., Koepsell, J.K. and Holt, V.L. 2005. ‘Children
in the crossfire: Child custody determinations among couples with a history of
intimate partner violence’, Violence against Women, 11(8), 991–1021.
Mills, T. 1984. ‘Victimization and self-esteem: On equating husband abuse and
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Available at: http://www.onvd.org/index.html (home page) [Accessed 25
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syndrome’, Victimology: An International Journal, 2(3–4), 680–682.
Ptacek, J. 1988. ‘Why Do Men Batter Their Wives?’, in Ellen Bograd and Kresti Yllo
(eds) Feminist Perspectives on Wife Abuse. Newbury Park, CA: Sage Publications,
152–155.
Ptacek, J. 1999. Battered Women in the Courtroom: The Power of Judicial Responses.
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donne_i%20francesca%20quaglia.pdf [Accessed 9 February 2011].
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Newbury Park, CA: Sage Publications.
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(ed.) Handbook of Family Violence. New York: Plenum Press, 233–246.
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traumatic stress disorder in abused women’, Violence and Victims, 10(1), 23–24.
Walker, L.E. 1979. The Battered Woman. New York: Harper and Row.
3
Prostitution and the Concept of
Agency
Rhéa Jean
Introduction
52
Prostitution and the Concept of Agency 53
The debate about the agency of women who are in a situation of oppres-
sion can lead to a host of misunderstandings, especially with regards to
the issue of prostitution. Radical feminist abolitionists have pointed out
that men sexually oppress women in prostitution, and that this oppres-
sion has been an important threat to women’s sexual agency. These
feminists believe that we should not view men’s access to women’s
sexuality through social and economic power as legitimate, and that
we should struggle instead for a world in which women can have real
sexual agency, free from patriarchal and capitalistic pressure. The aboli-
tionist point of view argues that prostitution is a form of commercial
sexual exploitation. The other common point of view on prostitution
is the pro-sex work view, held by many libertarian theoreticians and
postmodern feminists. This view berates the abolitionist perspective as
victimizing women and denying them the agency that, in their opinion,
women in prostitution can exercise. On the one hand, as Sheila Jeffreys
explains, ‘In the case of libertarians, their object is the defense of their
own sexual pleasures, which they believe are under threat from the femi-
nist analysis of sexual violence and sexuality’ (Jeffreys 1997, 150). On
the other hand, in the case of postmodern feminists, ‘the emphasis is on
the protection of their view of themselves as powerful, free-willed agents
of their own destinies who are not limited by the victimhood of women’
(ibid.). These two views are nonetheless similar in their celebration of
‘sex work’ and intertwine quite often when these two groups oppose
feminist abolitionists’ view on prostitution. I will therefore use the term
‘pro-sex work theoreticians’ to refer to both.1 Pro-sex work theoreticians
focus on the idea that women can rationally choose prostitution and
that they are able to negotiate with their clients in their everyday life.
So, for pro-sex work theoreticians, that would mean that women do
have agency within prostitution.
Let us first consider the conditions of agency. In short, as we will see
with Raz (1986), agency can be achieved by (1) having the capability
to make rational choices; (2) being free from external coercion; and (3)
being free from social stigmatization.2 This view of agency (the ideal
of an autonomous agent making choices in his/her life) is generally
54 Rhéa Jean
This woman might be free to walk around the island, but she runs the
risk of being attacked by the beast at every misstep. This woman is
constantly in a situation of survival; she is not living an autonomous
life even if she possesses the mental capability to do so. Her situation
denies her any agency, even if, in a different situation, she could be able
to show agency. As Martha Nussbaum explains,
That is why slaves are thought to lack autonomy even if they enjoy
a range of options which, were they free, would have been deemed
sufficient. Manipulation, unlike coercion, does not interfere with a
person’s options. Instead it perverts the way that person reaches deci-
sions, form preferences or adopts goals. (Raz 1986, 377)
tend to have equal rights for men and women. The result of this sexual
discrimination can be seen in the fact that women tend to be economi-
cally disadvantaged, have more parental responsibilities and be sexually
objectified by men.
Prostitution is a good example of this socialization between men and
women. We can consider that prostitution undermines the agency of
women, not so much because of the first condition of autonomy (the
mental capability), but rather because the second condition is often
lacking (women in prostitution often have a limited range of options
available) and because the third is also generally lacking (the fact that
women are still socially considered inferior to men, as sexual servants, as
responsible caretakers of children, as expected to sacrifice themselves for
others and as sexual objects rather than as sexual subjects). This situation
still prevails even if women can be legally considered equal to men.
So, we can see that, for Raz, agency depends not only on mental
conditions but also on social ones. Even if Raz is a liberal defender of
pluralism and tolerance, he is nonetheless aware that individual choices
are socially oriented, not only in a homogenous and prescriptive society
but also in a pluralist one. For him, the virtue of tolerance should not
be a pretext for an impoverished moral sensibility towards others. In his
perfectionist liberal tendency, Raz considers that political governance
and public policies can and must have an impact on citizens’ pursuit of
a good life. It is one of the roles of political decisions to offer citizens an
adequacy of options and help them be free from negative social condi-
tioning. This can be achieved, among other ways, by what we consider
as ‘work’ and what we consider decent relations between individuals or
between groups of individuals. What are considered as ‘acceptable’ ways
to make a living have always evolved:
Conclusion
Notes
1. It is surprising to see that even an alleged left liberal like Martha Nussbaum
(1999) can also be attracted by this notion of sex work. We nonetheless
consider that the defence of sex work is more a libertarian view than a left
liberal view.
Prostitution and the Concept of Agency 65
quo and trying to see an oppressive situation in a positive way. This ultra-
libertarian ideology can particularly be found in Agustin’s blog: She main-
tains, (Agustin 2011), for instance, that selective abortion of baby girls
does not have to be considered as the deeply problematic situation it is,
not only for women but also for the humankind. On the contrary, she
claims, selective abortion of baby girls could represent an advantage for the
remaining women: ‘Why not think women will migrate to places where
they are lacking, take on traditionally female jobs and enjoy an advan-
tage in the local marriage market or selling sex? Not the most progressive
outcomes possibly but aren’t they better than being expected to wait to
be victimised?’ (Agustin, 2011), implying that as a ‘commodity’ on the
market, women would become a rarer and more expensive resource. It is
indeed astonishing that someone like Agustin is considered as a feminist
and is invited as a speaker to different tribunes on prostitution.
4. In recent years, not only have pro-sex work advocates avoided condemning
the sex industry but they have also considered as ‘weak’, women who have
publicly said that they have been hurt by the sex industry (see, for example,
Agustin, 2007). Celebrating the resilience of people in a difficult situation
should never be an occasion for denigrating those who have not been so resil-
ient. In fact, resilience impresses us precisely because it is not so common
to become strong after a trauma. Most people with such experience would
instead suffer from PTSD. That many survivors of a genocide or a situation
of slavery have been resilient and have been able to show their capability of
agency in such a context of survival is by no means a reason to consider as
‘weak’ the survivors who have not been able to show resilience.
5. Tabet (2005) has compared cases of sex trades for goods or money in different
tribes living in Africa and Southeast Asia, but also in Western society.
6. A procedural autonomy is more related to practices than to principles. For
example, consent by contact would be considered as a proof of agency (in a
legislative sense) despite a context that might morally force an individual to
accept the contract. A more substantial account of autonomy would, rather,
analyse the context of the consent.
7. This view of prostituted women was common at the time of Parent-Duchâtelet
(2008/1836), in the 19th century, when the hygienist philosophy was the only
answer to the behaviour of the ‘fallen women’. (Only some precursors of the
abolitionist movement at that time – such as Josephine Butler – questioned
the social inequalities at the root of prostitution.) More recently, Harold
Greenwald considered that women in prostitution have an ‘extreme type of
behaviour disorder’ (Greenwald, 1964/1958, 12–13).
8. The symbolic order refers to the imaginary world of a culture in many different
aspects, such as language, art, mythology, non-codified social norms, etc.
9. As Satz pointed out, ‘Many forms of labor, perhaps most, cede some control of
a person’s body to others. Such control can range from requirements to be in
a certain place at a certain time (e.g., reporting at the office), to requirements
that a person (e.g., a professional athlete) eat certain foods and get certain
amounts of sleep, or maintain good humor in the face of the offensive behav-
iour of others (e.g., airline stewardesses)’ (Satz, 1995, p. 73). If it were impos-
sible to change that coercive aspect of work, we could nonetheless consider
that we should fight against coercion in sexuality.
Prostitution and the Concept of Agency 67
References
Anderson, Scott A. 2002. ‘Prostitution and sexual autonomy: Making sense of the
prohibition of prostitution’, Ethics, 112(4), 748–780.
Agustin, Laura. 2007. Sex at the Margin. London: Zed Books.
Agustin, Laura. 2011. ‘If This Were about Men, They Would Be Seen as Empowered:
Sex Selection, Sex Trafficking and Girls’. Available at: http://www.lauraagustin.
com/if-this-were-about-men-they-would-be-seen-as-empowered-sex-selection-
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Miriam, Kathy. 2005. ‘Stopping the traffic in women: Power, agency and aboli-
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Parent-Duchâtelet, Alexandre. 2008/1836. La prostitution à Paris au XIXe siècle.
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Moral Practice, 4, 201–218.
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Roiphe, Katie. 1993. The Morning After: Sex, Fear and Feminism on Campus. Boston,
New York, Toronto, London: Little, Brown and Co.
Satz, Debra. 1995. ‘Market in women’s sexual labor’, Ethics, 106, 63–85.
Satz, Debra. 2010. ‘Ethics, economics, and markets: An interview with Debra
Satz’, Erasmus Journal for Philosophy and Economics, 3(1), 68–88.
Sullivan, Barbara. 2004. ‘Prostitution and Consent: Beyond the Liberal Dichotomy
of Free and Forced’, in Mark Cowling and Paul Reynolds (eds) Making Sense of
Sexual Consent. Aldershot: Ashgate, 127–139.
Tabet, Paola. 2005. La grande arnaque: Sexualité des femmes et échange économique.
Paris: L’Harmattan.
Part II
Women as Perpetrators of
Violence
OPEN
4
Self-Harm as Violence: When
Victim and Perpetrator Are One
Hanna Pickard
Introduction
71
72 Hanna Pickard
Self-harm as violence
and could not have been foreseen will count as self-harm. The WHO
definition is too narrow, but the NICE definition is too wide.
Rather than focusing on defining self-harm, let us consider its central
instances. Prototypical forms of self-harm include cutting, scratching or
burning the skin; smashing one’s body parts with weapons or banging
them against walls; swallowing blades or sharp glass, or inserting them
under the skin or in orifices; overdosing on illicit drugs, alcohol or
prescribed medication, or ingesting poisons or toxic substances; tying
ligatures around one’s neck; or hanging oneself, shooting oneself or
throwing one’s body under trains, into oncoming traffic or off buildings.
Some of these behaviours, of course, can also be forms of suicide. Suicide
and self-harm can be distinguished in principle via intent: the intention
in suicide is to die, while the intention in self-harm is not to die, but
to damage or harm oneself. However, in reality the distinction between
them is often unclear, with people unsure as to what they intend, or
indifferent as to the outcome and reckless in method, so that self-harm
can commonly and knowingly risk death, even if death is not the clear
and conscious intention of the act. Indeed, self-harming behaviour is
associated with a 50–100-fold increase in risk of suicide compared to the
general population (NICE 2011).
Recall that violence is standardly defined as behaviour involving
physical force intended to hurt, damage or kill. Although some of these
prototypical forms of self-harm do not involve physical force, such as
overdosing or ingesting poisons, most do. In central instances, self-harm
is a form of behaviour directed at one’s own body, which uses physical
force to deliberately cause hurt and damage, if not death. Indeed, if we
imagine the actions prototypical of self-harm to be other-directed, the
violence inherent in them is palpable and shocking. As with the NICE
definition, we can choose to extend the idea of self-harm to behaviour
that is less direct in its means or less deliberate in its intention to cause
hurt or damage, by analogy with these central instances, if that would
serve a theoretical or clinical use. There are also potentially both theo-
retical and ethical reasons for widening the scope of violence, so that it
both includes psychological damage as an outcome and also recognizes
threats and exercises of power as nonphysical but yet violent means of
perpetrating hurt or damage, by coercively securing victim compliance
(Krug et al. 2002). But such caveats aside, central instances of self-harm
show that it is prototypically direct and deliberate behaviour involving
physical force inflicted by a person onto their own body with the inten-
tion of causing hurt or damage and even possibly risking death: it is
violence where victim and perpetrator are one.
76 Hanna Pickard
managing these strong emotions are learned. Men who have grown up in
a cultural context which supports male aggression and violence as a way
of managing emotions may have had little opportunity to learn other
ways of dealing with these feelings. If so, although they retain choice
and a degree of control when violent, we may yet feel these circum-
stances demand that we show them understanding and compassion,
and offer help with emotional management, even if we are not prepared
to excuse the violence. Equally, the general presumption that violence
is subject to choice and a degree of control may, of course, be defeated
in particular circumstances. Perhaps sometimes a person who ‘sees red’
becomes so angry that something ‘boils over’ or ‘snaps’ and choice and
control is lost – they are not then able to stop the flow driving them
towards violence. In such circumstances, if indeed a variety of compli-
cated conditions are met, we may feel that the person ought to be (at
least in part) excused, for they are not, in the moment, possessed of
rational agency, but driven by forces they cannot control.5 But impor-
tant as these caveats are, our basic cultural understanding of (especially
male-on-male) other-directed violence is that it is expressive of rational
agency: a means towards ends that are evidently desirable or valuable
in our cultural context, and, although driven by strong emotions, yet
subject to choice and a degree of control. No matter how much we may
deplore it, we have ample cultural and folk psychological resources to
make good sense of other-directed violence.
Although our cultural and folk psychological resources are less able to
help us make sense of self-directed violence, it in fact serves remarkably
similar ends to other-directed violence. Understanding its functions
requires in the first instance contextualizing the behaviour, by appreci-
ating the associated risk factors. These include (Hawton et al. 2012) the
following:
(6) The continuum with suicide. When associated with mental health
problems, the desire to kill oneself is typically understood as
Self-Harm as Violence 81
needs to change may include our cultural attitudes towards anger with
respect to both men and women: it may not only be inequality and
injustice that need to be addressed, but also our tendency to condemn
and suppress people’s emotions.
In contemporary culture, anger is viewed as natural in men, but so
too is aggression and violence – indeed, there may be few non-aggres-
sive and non-violent socially acceptable models of behaviour avail-
able to men to deal with angry feelings. For women, in contrast, anger
itself – never mind the aggression and violence it can prompt – may be
treated as unnatural and indeed unacceptable: anger may be thought
‘unbecoming’ in ‘the gentle sex’. An alternative and opposing cultural
outlook maintains that anger – no doubt alongside other difficult
emotions, such as shame and fear – and the aggression and violence
it drives is natural for all people of all genders, especially when we
find ourselves in contexts where we have been harmed. If that harm
is perpetrated by others through mistreatment, neglect of our needs,
outright violation and abuse, or other forms of disrespect, subjugation
or inequality, we may feel angry and want to be aggressive or violent
towards the perpetrators. If the harm is more a product of bad luck
or wider social and political circumstances, lacking an identifiable and
responsible agent, we may yet feel angry and want to be aggressive and
violent in a more inchoate or undirected way, and understandably so.
Either way, anger and the propensity for aggression and violence are
natural human responses to harm and wrongdoing – found in people
of all genders equally.
But in addition to differential treatment of men and women, contem-
porary culture seems also to fail in general to draw a clear distinction,
with respect to all people, between anger and other difficult emotions on
the one hand, and the behaviour that these emotions can drive on the
other. In men, anger, aggression and violence may be accepted, but all
equally condemned as wrong. In women, anger, aggression and violence
are not accepted but culturally suppressed, as well as condemned as
wrong. But an alternative and opposing cultural outlook maintains
that, to the contrary, with respect people of all genders, there is nothing
wrong with feeling angry or indeed feeling any other difficult emotion –
even if it is indeed often wrong to act aggressively or violently.
This alternative outlook is in fact realized in clinical and other
contexts that are designed to heal wounds or resolve conflicts: the need
to acknowledge, validate and tolerate anger and other difficult emotions
is recognized as crucial, in order to enable people who have been harmed
to feel respected, cared for, and that their experience of suffering or
86 Hanna Pickard
Notes
1. It is both interesting and potentially clinically useful to consider whether these
latter sorts of behaviours represent ways in which men are able to self-harm
in our culture, under the more socially accepted masculine guise of other-
directed aggression and violence. Fight Club, the film adaptation of Chuck
Palahniuk’s novel of the same name, arguably presents male fighting in this
light.
2. It is important to distinguish what has been labelled ‘reactive’ or ‘hot’ violence,
from what has been labelled ‘instrumental’ or ‘cold and calculating’ violence
and which is associated with psychopathy. For discussion of this distinction
and the empirical data supporting it, see e.g. Blair et al. 2005, Howell 2009,
and Raine 2013. My focus in this article is on ‘reactive’ or ‘hot’ violence as
opposed to psychopathic violence. However, the labelling is unfortunate, as
reactive violence is also instrumental, in the sense of serving various functions
or ends, as discussed above.
3. For an important discussion of the difference between rational deliberation
and choice, see Holton 2006. Pickard 2015 offers a more detailed discus-
sion of deliberation and choice in self-directed and other-directed violence
committed by people with personality disorder, in relation to both mental
health and criminal law.
4. For further discussion of this form of argument, especially in relation to the
nature of addiction on the one hand, and personality disorder, and criminal
law on the other, see Pickard 2012, 2013a, 2013b, and 2015.
5. Holton and Schute 2007 draw on philosophy and psychology to understand
the nature of loss of control and link it to the older defence of provocation in
English law. Although this defence was abolished and replaced with a loss of
self-control defence under The Coroners and Justice Act 2009 Sections 54–6,
which widens the emotions relevant to the defence, Holton and Schute’s
discussion of the philosophy and psychology is yet relevant. See too Horder
2005 for discussion of the role of fear alongside anger in loss of self-control.
Self-Harm as Violence 87
References
Beauvoir de, S. 1949 [1989]. The Second Sex. New York: Knopf.
Benson, P. 1994. ‘Free agency and self-worth’, Journal of Philosophy, 91, 650–668.
Blair, J., Mitchell, D. and Blair, K. 2005. The Psychopath: Emotion and the Brain.
Malden, MA: Blackwell.
Canetto, S.S. and Sakinofsky, I. 1998. ‘The gender paradox in suicide’, Suicide and
Life-Threatening Behaviour, 28, 1–23.
Dworkin, R. 1977. Taking Rights Seriously. Cambridge, MA: Harvard University
Press.
Dworkin, R. 1985. A Matter of Principle. Cambridge, MA: Harvard University
Press.
Favazza, A. 1987. Bodies under Siege. Baltimore: John Hopkins University Press.
Fincham, B., Langer, S., Scourfield, J., and Shiner, M. 2011. Understanding Suicide:
A Sociological Autopsy. New York: Palgrave Macmillan.
Flannery, D.J., Vazsonyi, A.T., and Waldman, I.D. 2007. The Cambridge Handbook
of Violent Behaviour and Aggression. New York: Cambridge University Press.
Freud, A. 1936 [1992]. The Ego and the Mechanisms of Defence. London: Karnac
Books.
Govier, T. 1993. ‘Self-trust, autonomy, and self-esteem’, Hypatia, 8, 99–120.
Grocutt, E. 2009. ‘Self-harm Cessation in Secure Settings’ in A. Motz (ed.) Managing
Self-harm: Psychological Perspectives. Hove: Routledge, 180–203.
Hawton, K., Linsell, L., Adeniji, T., Sariaslan, A., and Fazel, S. 2014. ‘Self-harm
in prisons in England and Wales: an epidemiological study of prevalence, risk
factors, clustering and subsequent suicide’, The Lancet, 383, 1147–1154.
Hawton, K., Saunders, K.E.A., and O’Connor, R.C. 2012. ‘Self-harm and suicide in
adolescents’, The Lancet, 379, 2373–2382.
Heitmeyer, W., and Hagan, J. 2003. The International Handbook of Violence Research.
The Netherlands: Kluwer Academic Publishers.
Holton, R. 2006. ‘The act of choice’, Philosophers’ Imprint, 6, 1–15.
Holton, R. and Shute, S. 2007. ‘Self-control in the modern provocation defence’,
Oxford Journal of Legal Studies, 27, 49–74.
Self-Harm as Violence 89
Introduction
91
92 Jules Holroyd
In this section, I set out some of the recent findings, including from
interviews, about the conditions in and motivations with which some
Palestinian women have chosen to commit terrorist attacks.
The terror attacks undertaken by Palestinian women against Israeli
civilian targets have taken place in the context of ongoing and violent
disputes over the territorial rights of the state of Israel and the Palestinian
peoples. Viewing the Israeli presence as an unjustified occupation, some
Palestinian groups have employed strategies of terrorism in furtherance
of various ends: to end the perceived occupation; to establish a self-
determining Palestinian state; to exact vengeance upon Israeli citizens;
to draw national and international attention to their cause (Friedman
2008, 47; Schweitzer 2008, 138) to defend against existential threat; to
prompt Israeli citizens to question the policies of the Israeli government
(Kapitan 2008, 26–27).
Both fundamentalist religious groups (such as Hamas) and secular
groups (such as Al-Aqsua Martyr’s Brigade) have orchestrated terror attacks
against Israeli citizens (Friedman 2008, 48–49, Berko and Erez 2008, 153).
The conservative norms surrounding gender in Palestinian society in
general, and in some fundamentalist political groups involved in terror
attacks, have shaped women’s participation in political activities and in
terrorist activities. Women have often been involved in supporting roles,
rather than orchestration of or participation in political activity (Ness
2008, 26).1 This also means that women who have sought to become
involved in terrorist activities have often had to act contrary to prevailing
gender norms. Ness writes that ‘in cultures where gender roles are tradi-
tional, it is that much more incumbent on women and girls to improvise
techniques by which they can carry out their missions’ (p. 15).
In Palestine, the norms surrounding women’s participation in polit-
ical campaigns and terrorist missions somewhat changed in 2002, when
Yasser Arafat (then leader of the political group Fatah) emphasized the
equality of women and men in the Palestinian struggle, calling up an
‘army of roses that will crush Israeli tanks’ (Victor 2003, 19). On that
same day, Wafa Idris, on behalf of Al-Aqsa Martyr’s Brigade, became the
first successful woman to execute a suicide bombing, killing one and
Autonomy, Value and Violence 93
injuring many Israeli civilians in the city of Jerusalem (Victor 2003, 19;
Friedman 2008, 50). Although commentators focused on this attack as
pivotal in women’s participation in such acts of violence, in fact prior to
that date, women had participated in terrorist activities. Ness writes that
‘women had been used by Palestinian terrorist organisations during the
Second Intifada to support suicide attacks by men’ (p. 26). Nonetheless,
since 2002 women’s participation in terror attacks, including as suicide
bombers, has increased (Ness 2008, 26).
In writings about these women’s choices to participate in these attacks,
scholars have emphasized the difficulties that women face as women in a
society strongly structured around gender hierarchy. In some instances,
authors have identified cases in which women seemed clearly to be
coerced by others into undertaking suicide attacks. Norms concerning
obedience to the male authority figures in one’s family, and the lack of
opportunities for self-sufficiency for women in Palestinian society make
some women particularly vulnerable to coercion. Berko and Erez (2008)
highlight the case of one woman who was unsuccessful in her suicide
bombing mission, and who in subsequent interviews reported that ‘she
felt they [her family] pushed her to become a suicide bomber (the explo-
sive belt was placed on her body in her parents’ presence at the family’s
home)’ (p. 152).
In other cases, despite the absence of overt coercion, authors have
emphasized the prevalence of oppressive gender norms: norms which
restrict women’s movements, the contact they have with each other
and with other men, and limit opportunities for self-sufficiency. These
daily restrictions, women’s relative powerlessness, their recruitment
and training by male activists, combined with the traumatic events
that sometimes precede women’s engagement with radical groups, have
been identified as considerations that prompt doubt over whether such
choices are made autonomously (see especially Friedman 2008, 57, and
Victor 2003, 41). For example, Friedman draws on testimony to the
effect that Wafa Idris ‘“had no future” and was “the ultimate shahida
[martyr]”: “a talented young woman, married and divorced because
she was sterile, desperate because she knew perfectly well there was no
future for her in any aspect of the Palestinian society”’ (Friedman, 52,
drawing on an interview reported in Victor).
However, in other cases still, there is reason to suppose that women
exercised a considerable degree of agency in deciding to undertake
suicide bombing missions, and did so voluntarily. Further interviews
with women who have embarked upon suicide missions but failed in
them (either due to a change of heart or detection and arrest) suggest
94 Jules Holroyd
Summing up, Berko and Erez (2008) note that ‘by and large, the inter-
viewees who volunteered to become suicide bombers were pleased with
their decision to become martyrs’ (p. 157).
We can see, then, that according to self-reports on the reasons for
engaging in such missions, there are considerable differences in the
deliberative processes and reasons for so acting, the extent to which the
women endorsed their choices, and in the degree of voluntariness the
women had with respect to their actions. What might we say about the
autonomy of these choices?
Ground clearing
Content-neutral conditions
In at least one of the cases described above – the case in which the
woman reports being coerced by her family to undertake the suicide
mission – it is quite clear that such coercive conditions undermine
personal autonomy: they seem paradigmatic of the kinds of circum-
stances or causes that leave an individual feeling manipulated or trapped
or alienated from her choice.
These kinds of autonomy-hindering factors are well captured by
content-neutral (or ‘procedural’) accounts of autonomy, which place
conditions on the way in which choices are made. Some of these accounts
incorporate ‘historical’ conditions, which demand that the deliberation
was carried out in a certain way, or that the agent’s preferences were
formed in a certain way. For example, they might require procedural
independence in deliberation (Dworkin 1988), or that the agent’s pref-
erences are formed in a way that she would endorse (Christman 1991).
Other sorts of content-neutral accounts are ‘structural’, requiring that
the agent’s choice fits into her overall motivational structure in a certain
way. For example, such conditions might require that she wholeheart-
edly endorses the choice (Frankfurt 1988) or that it coheres with her
values (Watson 1975).
On either of these kinds of content-neutral accounts, anything could
in principle be chosen, so long as the content-neutral conditions speci-
fied are met. In cases such as the one described above, in which the
woman was coerced into undertaking a suicide bombing mission, we are
in a position to diagnose such choices as non-autonomous. Conditions
pertaining to procedural independence, or endorsement of choice, are
not met.
Autonomy, Value and Violence 97
Substantive conditions
What of the second case I described, of Wafa Idris, in which, according
to analyses, her choice was guided by restrictive norms, although there
is no mention of explicit coercion (indeed, some reports suggest that
Idris undertook the attack under her own initiative; she had been
recruited only to convey the device to another individual (Schweitzer
2008, 135)?2 Would such content-neutral conditions identify Wafa Idris’
choice as non-autonomous? We might notice that the description of the
conditions under which her choice was made are at least structurally
similar to those discussed by Natalie Stoljar, and which motivate her to
endorse a substantive account of autonomy. So let us consider in more
detail the case that Stoljar makes for endorsing a substantive condition
for autonomy, and then consider whether similar claims might apply to
the case in hand.
Other theorists, such as Hill Jnr (1991) and Baron (1985), have posited
different substantive conditions: they have argued that choices must be
in accordance with the value of self-respect:
This condition (S2) has been argued for in the context of choices
for deferential roles, which it is argued are not consistent with self-
respect, and so not autonomous even if content-neutral conditions
for autonomy are met. More recently, Bagnoli (2009) has argued for
a similar condition as constraining autonomous choice, which places
emphasis on the importance of respect and recognition of others as a
constraint on choice (p. 187). These articulations of the substantive
condition help us to see what is meant by ‘relevant normative stand-
ards’: those which should inform deliberation (such as concern for the
moral status of oneself and others), and not those which should not
(false and oppressive ones). There may be other ways of articulating
the relevant normative standards that one might seek to incorporate
into a substantive account of autonomy. My main focus here is on the
idea that autonomy of choice is dependent upon choice being guided
by the relevant normative standards, although I take it that the critical
concerns I raise for substantive accounts, below, will generalize to other
versions of substantive accounts.
But what of the fact that these women were choosing not simply suicide,
but suicide bomb attacks? To focus only on the self-sacrificing aspect of
their choices, and the ways in which that may have been rational given
hierarchical and oppressive norms, is to ignore the violent aspects of
these women’s choices. Moreover, it is not clear that oppressive gender
norms were in play in the choices of all of the women interviewed. For
example, one woman was interviewed in 2006 about an attack on Israeli
government offices in Jerusalem, in which she participated in 1987. She
is described as having ‘asserted that what drove her to embrace such a
mission was a blazing religious faith. Back then, she believed that it was
the right path toward fulfilling her religious and nationalistic duties’
(Schweitzer 2008, 138). From the first-personal perspective, then, it was
not gender norms but religious fervour that motivated her participation
in the mission.
Further, it is worth emphasizing that women’s active pursuit of such
missions was itself contrary to widely held norms concerning women’s
role in political and fundamentalist activism. So those women who
actively pursued their mission, undertaking to persuade others of their
ability to do so, were clearly not mindful of at least some oppressive
gender norms. Some of the Palestinian women’s choices to commit terror
attacks, then, are not obviously informed by the kinds of misguided
gender norms that Stoljar (2000) identified as undermining of autono-
mous choice. Should we suppose, then, that the substantive account
would diagnose Idris’ choice (insofar as the description above accurately
captures her motives) as non-autonomous, but not the choices of those
women who chose voluntarily, on the basis of the values to which they
were fervently committed (according to the accounts based on inter-
views with women who failed in their missions)?
We can easily see how some might take the general substantive condi-
tion (S) not to be met by these women. The problem with the choices
which are in accordance with false or oppressive values, Stoljar (2000)
claims, is that they are not informed by ‘relevant normative standards’
(p. 107).7 Here are some claims that might be made about the choices of
the Palestinian women who pursue terror attacks. The choices at issue
here are choices to perpetrate violence against innocent individuals,
and as such they do not value appropriately the lives of those intended
targets of the attack, but treat them as mere means (for worries about
the instrumentalization of victims of terrorist attacks, see, for example,
Primoratz 1997).8 One might argue that such a choice is informed by
misguided normative standards because the choice is not consistent
with affording proper respect to the targets. The choice to participate in
Autonomy, Value and Violence 101
Contested choices
I have suggested that if one is concerned, as the substantive theorist is,
with autonomous choices being those which are guided by the relevant
normative standards, then we can at least see why one might think
that even such voluntary, deliberatively endorsed choices to perpetrate
violence are non-autonomous. But this matter will in fact be settled
by whether the norms that guided such choices were misguided or
otherwise.
This is hotly contested. In evaluating the voluntariness of the choices
of the Palestinian women, Friedman 2005, suggests that it is possible that
reason stands on the side of these women’s choices. That is to say, one
might think that in some circumstances terrorism is justified, and that
the scenario in which they acted is one such case.9 Indeed, philosoph-
ical discourse contains much debate about whether and when terrorism
might be justified. Where one stands in such debates will inform one’s
102 Jules Holroyd
substantive accounts can make, at least until we have settled the ques-
tion of the relevant normative standards.
Consider, next, the implications of taking up the second stance –
having adjudged some set of normative standards to be the most defen-
sible and hence relevant to the decision in hand, we would have to
conclude that one party to the disagreement was, in fact, non-autono-
mous – because their choice was not guided by the relevant normative
standards. Were it informed by the relevant normative standards, she
would not have so chosen. Why is this problematic? Because the non-
autonomy of the agent’s choice is not something we could detect from
the epistemic states or causal history of the agent prior to the settling of
that value question – factors which are surely most pertinent to assessing
the authenticity of her choice. Indeed, the agent may continue to profess
commitment to those values or norms as ones to which she is authenti-
cally committed, and (in her view) expressive of personal autonomy.
In sum, there are three concerns here: firstly, that questions about
the autonomy of an individual’s choice become the locus of legitimate
disagreements about value. This is problematic given that there is room
for reasonable disagreement; we should not suppose that one party to
the disagreement must be alienated from or inauthentic in her choice.
This directly bears on the second concern, namely that the substan-
tive account can only say of unresolved contested choices (with respect
to which we take up a stance of epistemic humility) that their status
as autonomous cannot presently be determined. This is despite these
choices, in some cases, meeting conditions that usually provide consid-
erable evidence for their being autonomous. Finally, upon the resolu-
tion of questions of value and justification, determinations are made of
whether an individual’s choice was autonomous. These adjudications
about matters of value, rather than facts about the agent’s causal history
or epistemic states settle, post hoc, whether an individual’s choice was
one that expressed personal autonomy. These considerations, I think,
counsel against the endorsement of a substantive account of autono-
mous choice.
Finally, we might also think that a concern raised by Andrea Westlund
(2009) is of particular relevance here. In the context of discussion of
the choices that women might make for roles considered deferential or
subservient, Westlund articulates the worry that substantive conditions
tend to obscure the differences in agency exercised by different individ-
uals in so choosing. There might be a range of reasons for making such
choices. An account which makes a blanket determination of individ-
uals who choose subordinate roles is problematic. Rather ‘we need to be
106 Jules Holroyd
Conclusions
Notes
1. This is in contrast to the role of women in radical left groups, such as the
Red Army Faction, in which women played a prominent role in both orches-
trating and participating in violent terror attacks (Ness 2008, p. 13).
2. Schweitzer writes that ‘among many of the still-imprisoned Fatah members
whom I spoke with, the accepted opinion is that Wafa Idris was not dispatched
for a suicide mission but rather to just place an explosive device’ (p. 135). He
even suggests that it is unclear whether the detonation was accidental or
intended, but I shall work under the widely endorsed assumption that it was
intended (for my points to hold, we need only imagine that there is some
instance in which this is the case).
3. In the literature there is a distinction between strong and weak substantive
accounts. Strong substantive accounts (e.g. Stoljar 2000) constrain what can
be autonomously chosen. Weak substantive accounts (e.g. Benson 2005) place
normative constraints on autonomous choice, not by constraining what can
be chosen, but by requiring that the agent hold certain evaluative attitudes
or commitments. I actually think it is difficult to make precise the distinc-
tion between the two kinds of account, but in any case my focus in this
chapter is on Stoljar’s account, which falls squarely in the ‘strong’ substan-
tive camp.
4. Ibid, p. 95.
5. It is worth noting that, while such choices are undoubtedly troubling, it is
not clear that the intuition that they are nonautonomous is widely shared.
Indeed, Benson (2005) has argued that he does not, himself, share that
intuition.
6. I say ‘may’ meet those conditions, because the messy reality is such that
we will not be able to accurately ascertain whether this is the case. Reports
surrounding Idris’ circumstances are contested, and there are competing
interests in having different stories told.
7. Stoljar takes this notion from Benson, who in his early work (1987,
1991) endorsed a strong substantive view.
8. Might the claims concerning the relevant normative standards be restricted
to gender or other oppressive norms? It is not clear that there are any nonar-
bitrary reasons for doing so.
9. It is not quite clear whether Friedman (2008) is talking about instrumental
rationality or substantive rationality at this point, but her claim that this
depends on our answer to the question about ‘the conditions that might
or might not justify terrorism’ (p. 56) suggests that she is considering the
substantive, all things considered rationality of engaging in such attacks.
10. The letter was originally published in Al Quds newspaper on 20 June 2002. It
can be read online at http://www.bitterlemons.org/docs/suicide.html.
11. I do not here even attempt to address this question. What is important for
my point is that there is sustained disagreement between well-informed
individuals about it. If the reader thinks it is obvious that in this instance
the use of violence for political ends is not justified, then there are perhaps
other cases that highlight the possibility: the African National Congress’
(ANC’s) plans for armed resistance against the regime of apartheid, for
example.
108 Jules Holroyd
12. Might not there be a third option: to claim that, given disagreement, an
agent who uses any of those normative standards argued by parties to the
dispute to be relevant, and reaches choices regarded as defensible by parties
to the dispute, chooses autonomously? There are two problems with this
strategy: firstly, it does not enable the substantive theorist to capture the
intuitions that motivate the positing of a substantive condition (namely, that
certain choices that conflict with certain norms are not fully autonomous).
Secondly, this strategy still faces the further concern that I set out shortly: that
it supposes that if disagreement is resolved, we can then adjudge one party to
the dispute to have been, after all, nonautonomous in her decisions.
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6
Female Suicide Bombers and
Autonomy
Herjeet Marway
Introduction
110
Female Suicide Bombers and Autonomy 111
Three examples
The first example is Muriel Degauque, a 38-year-old Muslim convert
originally from Charleroi, Belgium. On 9 November 2005, she deto-
nated a bomb close to American troops and Iraqi police in Baqubah,
Iraq. Degauque died in the attack, and one American soldier sustained
minor injuries. She was the first known Caucasian female suicide bomber
claimed by al-Qaeda and her instructions were believed to be from
Jordanian militant Abu Musab al-Zarqawi (Eager 2008, 171; Skaine 2006,
55–56; Cunningham 2008, 95; Zedalis 2008, 59; Browne and Watson
2005; Smith 2005). The second example is the double suicide bombing
attack in central Moscow on 29 March 2010. One attack was by Marium
Sharipova, a 28-year-old schoolteacher from Balakhani, Dagestan, who
detonated her bomb on a commuter train at Lubyanka station at 7:56
am and killed 27 people in total. The other was by Dzhennet Abdullaeva,
a 17-year-old, also from Dagestan, who activated her suicide belt at Park
Kultury station 40 minutes later and killed 13 people. In addition to
the fatalities, more than 100 people were injured in both attacks. Doku
Umarov, leader of Dagestan’s militant Islamist rebels, the Caucasus
Emirate, claimed responsibility for these attacks soon after.1 This was the
first attack after the formally declared end to Russia’s counterterrorist
operation in Chechnya in April 2009 (Harding 2010; BBC News 2010;
Dzutsev 2010; Frost 2010). Finally, there was an unnamed female suicide
bomber who detonated her bomb outside the World Food Programme’s
distribution centre in Khar, Pakistan, on 26 December 2010. When
stopped for routine security checks just outside the centre, she threw
two hand grenades into a crowd of 300 people queuing for aid before
activating her suicide belt.2 She killed between 43 and 45 people, and
wounded 80 to 102 others. She was the first confirmed female bomber
claimed by Tehrik-i-Taliban Pakistan (Dawn 2010a, 2010b; Guardian
2010; Jerusalem Post 2010).3
Prevalent portrayals
For reasons discussed elsewhere (Sjoberg and Gentry 2007), female
bombers are often cast as victims, of either of an oppressive enemy,
a ruthless terrorist regime or an ‘uncivilized’ culture (Marway 2011).4
Here, I take these explanations for the supposed victimhood of these
women and explain how they misrepresent their agency.
There are details in numerous reports that intimate that it is the
actions of ‘the enemy’ that are the explanation or catalyst for the
women’s acts. For instance, that Degauque’s ‘husband [... was] shot dead
in Iraq by US troops’ (BBC 2005) while preparing for an attack himself,
112 Herjeet Marway
Autonomy
Decision-making
Relational models of autonomy all start with a relational agent – an
agent that is socially embedded, formed within social relationships and
shaped by a complex set of intersecting determinants (Mackenzie and
Stoljar 2000, 4) – but can be separated into two camps about decision-
making: either procedural or substantive.
The procedural approaches take the agent to be autonomous if she
reflects in the right kinds of ways. Diana Meyers argues, ‘what makes the
difference between autonomous and heteronomous decisions is the way
in which people arrive at them – the procedures they follow or fail to
follow’ (1989, 52). Marilyn Friedman contends an agent ‘might still be
choosing autonomously even if she chooses subservience to others for
its own sake, so long as she made her choice in the right way’ (2003, 19).
Female Suicide Bombers and Autonomy 115
that it is a strong enabler of such stances, but certain decisions can pass
as autonomous despite their content. Whether strong or weak, these are
substantive views of autonomy.
Application
Having sketched the broad approaches, the question with which I am
now concerned is how well do these theories track features relevant to
the female suicide bomber’s decision-making? I argue that substantive
accounts fare better than procedural ones because they more effectively
trace factors like context, relationships and structures in decision-
making.
To start, there are some clear benefits to procedural theories if we are
interested in representing the women as having autonomy. Since the
desire itself is not something that is limited (in principle anything can
be chosen) and authentic decision-making revolves around what one
really wants (whatever that happens to be), it seems that procedural
approaches are likely to increase the chances of attributing autonomy to
the bombers. And this indeed is our goal.
Further, as procedural accounts embrace the fundamentally social (not
atomistic or individualistic) self, the importance of the social for agent
and autonomy is not discounted. Degauque, Sharipova and the unnamed
bomber are acknowledged as social selves that cannot be understood as
standing apart from their present and historical relationships (with her
brother and husbands in Degauque’s case) and contexts (of conflict and
poverty in the examples of Sharipova and the unnamed bomber). This
is the agent as relational. In addition, procedural accounts identify that
autonomy (the process of self-reflection) is itself socially immersed too,
and that social forces are not absent from decision-making. Degauque’s
decision is linked to her contexts such that the desire to bomb emerges
from the conflict in Iraq, among other factors. This is autonomy as
relational.
But, after these understandings of relationality, proceduralism focuses
not on Degauque, Sharipova or the unnamed bomber’s desire to bomb
(content or conditions underpinning it), but on self-reflection, endorse-
ment of desires or autonomy skills (procedures). The unnamed bomber
could be considered to have certain competencies of ‘self-discovery, self-
definition, and self-direction’ (Meyers 1989, 20), for instance, that enable
her to reflect on the decision to bomb and accept it as hers despite diffi-
cult circumstances. Or Sharipova might hold a disposition to answer for
herself, and so the preference to bomb could be regarded as hers, even if
she is within a subordinating relationship (Westlund 2009). Differently,
Female Suicide Bombers and Autonomy 117
Amounts of autonomy
All relational theories wish to move away from conceptualizing
autonomy as solely an either/or capacity – that either one has it or does
not – and towards the idea of a spectrum of autonomy – that one can
be more or less autonomous. Here I explore how well the theories might
recognize the extent of autonomy in these women’s decisions.
In procedural accounts, persons must pass a threshold, after which
they attain degrees of autonomy. On one theory, subservient decisions
are less autonomous than non-subservient ones but they are autono-
mous nonetheless, for example (Friedman 2003). On another theory, a
degree-based approach could be pinned to how well someone exercises
autonomy competency (skills of self-discovery, self-definition and self-
direction) (Meyers 1989). Here minimal, medial and full autonomy is
distinguished, and it is likely that full self-governance is rare, medial
achievable by many, and minimal by most (ibid.).11 These views attempt
to move away from autonomy being there or not (the focus on compe-
tence or capacity alone) to considering the extent to which autonomy is
exerted (the focus on exercise).
Although not all explicitly state this, substantive positions also lean
towards a degree-based approach. Stronger accounts tend to emphasize
that social norms are significant and can limit the amount of autonomy
120 Herjeet Marway
attainable because they come to impress false ideals on the agent. Wolf’s
case of JoJo – the dictator who believes that ruling well is to rule cruelly
(1990) – is an instance in which the agent is less (although arguably,
as I shall discuss, there is an implication that they are un-) able to be
autonomous. Autonomy is limited when one endorses a desire that
involves incorrect (different to ‘the True and the Good’) values and
fails to critically challenge them. The content of what is chosen, then,
indicates the sorts of values held and so the amount of autonomy that
might exist.
Weaker substantive accounts focus on the extent to which oppressive
norms affect one’s self-worth or self-esteem. Negative external circum-
stances – like those of the gaslighted woman, whose husband manipu-
lates her to doubt her sanity to cheat her out of money – can lead to
a diminished self-worth and autonomy (Benson 1994). The situation
erodes her self-worth to the extent that her competence to question her
desires and values (say, to hand over her inheritance to her husband)
are reduced, even if she appears to readily endorse them (ibid.). The
degree of autonomy she enjoys is less than if she had a strong self-worth
owing to a more conducive social setting. The content here is useful as
a barometer of the extent of self-worth – and so the degree of autonomy
that – the agent has.
Application
Having set out that relational accounts favour a degree-based notion of
autonomy, the question now is how useful are the different interpreta-
tions for recognizing how much autonomy the female bombers may
have. I argue that when we want to make a judgment on the extent of
autonomy, it is better to include several variables and build up a detailed
picture of the women’s situations and decisions. Extending the earlier
discussion, I propose that substantive theories (that factor in the content
as well as broader contexts, while paying homage to the relational nature
of the agent) are more apt at this task than procedural ones.
When applying the procedural account, a minimal threshold (compe-
tence) and then degree (exercise) of autonomy can be considered. If
Degauque is someone who, for instance, has the brute ability for self-
reflection, then the extent to which she exercises her self-discovery,
self-definition and self-direction skills is key in judging how much
autonomy she has in her decision to bomb (Meyers 1989). One formula-
tion is that if we imagine Degauque to resist, question and then agree
with her former husband’s wish to join al-Qaeda, then she exercises her
self-direction skill a great deal more than if she just ‘goes along’ with it
Female Suicide Bombers and Autonomy 121
has been an accurate tracking of ‘the True and the Good’. We can imagine
that Sharipova recognizes the complexities of the conflict in Dagestan,
her role as a teacher and daughter, and what is expected of her. In this
scenario, she is able to cognitively see the world as it is. Further, she
might have the relevant kind of moral understanding that allows her to
avoid erroneous judgments. She is able to decipher normative cues in
the appropriate kinds of ways. Here, on top of minimal capacities and
the internal procedures of decision-making, how well Sharipova aligns
herself to cognitive and normative factors about the world (as seen by
what she endorses) is an additional resource that helps us recognize the
amount of her autonomy.
A problem here might be that a strong view does not enable some
desires to be recorded as autonomous to some extent because they are
the wrong sorts. As Benson has argued, strong theories can be charged
with being about right-rule rather than self-rule (2008). They can be
criticized for letting nothing (or not very much) pass as autonomous
because agents have to pick the right thing. Where we are concerned
to identify subtleties in autonomy rather than a crude autonomous-
or-not view, as is our purpose, this is worrying. There might be a reply
here: the focus of strong accounts is less about choosing rightly than
about there being more appropriate choices (itself a matter of degree).
As Wolf (1990) has argued, the normative component of her view does
not require knowing what the good is but recognizing there are better
or worse ways to be.12 In a parallel way, ideas about false norms could
identify not the true norm but better or worse norms for agents. In this
regard, what is captured on the spectrum with nuance is how far agents
decide according to (or how far the content of their decisions are aligned
to) better or worse norms. This might not satisfy some for whom it is
still taking autonomy into the realm of right-rule, but this may be a way
out of the worry that strong theories do not allow for a spectrum.
How apt are weak substantive theories for measuring degrees of the
female bombers’ autonomy? On a self-worth account, the extent of
autonomy can be indicated through responsibility for self (Benson
2000). We could imagine that Sharipova lives in a context in which
expectations to answer for herself were in place (she is in a position of
authority as a schoolteacher and has a good deal of self-worth from it,
both towards herself and from others). Alternatively, we can suppose
that Degagague, who was encouraged to be answerable when growing
up, might have a reduced self-worth because of her subsequent experi-
ences (from personal grief or similar) that leave her with little faith in
herself. Although both women might be competent and self-reflective
Female Suicide Bombers and Autonomy 123
and may formally endorse bombing, on this picture, Degagague has less
self-worth to answer appropriately, which affects her reflection. These
distinctions allow us to decipher the degree of autonomy she exercises.
It also evades the problem of right-rule since the content is a useful
resource for more fully gauging attitudes towards the self and the quality
of reflection this enables, and is not about picking the right thing.
One could counter at least one of two things here. First, a spectrum is
not the point of autonomy at all. What matters is whether Degagaque,
Sharipova, or the unnamed bomber meet the minimum requirement of
competence and that they satisfy a theory-dependent form of reflection,
in other words, that we know whether they are autonomous or not.
Second, procedural views could include all the additional elements of
the context or relationships or structures after this judgment about being
autonomous or not is made. Rather than conflate being autonomous
and degrees of autonomy, they can be distinguished. In both regards
procedural theories would be best since – although these would not deny
the importance of a spectrum – autonomy and degrees of autonomy are
more easily separable, and degrees can be deduced without reference to
substantive content or attitudes. However, if the concern is genuinely to
represent the autonomy of the women, as it is for this chapter and book
(and for relational theories in general), then the more relevant question
does concern degrees and to decipher degrees satisfactorily. In order to
do this, recognizing the depths of one’s sociality and how this extends
to content and attitudes is important for framing how autonomous one
is. Likewise, expanding what is considered as part of the assessment of
autonomy to include content and attitudes is key. Limiting these compo-
nents would be too austere, while broadening them would be better for
a more comprehensive picture of the amount of autonomy overall. As
has been argued, substantive theories recognize this sociality and come
equipped to examine substantive factors that may be more useful for
measuring and thus representing nuances in the bombers’ autonomy
than procedural theories that do not go as far on either of these counts.
Further, a strength of the weaker over the stronger substantive view (if
my suggested reply above is not accepted) is that it evades some of the
worries about right-rule (Benson 2008) and so opens up what might be
considered partly autonomous. This is likely to be more useful for the
bombers since it treads the difficult ground of recognizing the way in
which individuals are thoroughly social (so how the external permeates
decision-making), while also leaving room for plurality of decisions (so
that bombing might be decided upon by them and some autonomy
attributable).
124 Herjeet Marway
Notes
1. There is, however, some discrepancy over whether it was the Caucasus Emirate
which authorized the attacks: Shamsudin Batukaev, spokesman for the North
Caucasus Emirate, for instance, claimed on 31 March, that they were not
involved. A different ‘representative’ on the same day suggested on television
channel First Caucasus that it was the Russian security forces instead, while
footage of Doku Umarov’s claim of responsibility was shown on the Kavkaz
Center website, although some suggested it appeared dubious (Dzutsev 2010).
2. Other reports claim she threw her grenades at police and military personnel.
3. There were at least two other cases of suspected female bombers in Pakistan
before this, but these were not confirmed or claimed by the Pakistani Taliban.
The group claimed this attack, but the female nature was not commented on
explicitly. An attack on 26 June 2011 involving a husband and wife team in
Kolachi, Pakistan was claimed by them and the sex of the bombers were also
highlighted, with Pakistani Taliban spokesman, Ahsanullah Ahsan, claiming
that the use of a woman ‘shows how much we hate Pakistani security institu-
tions’ (Ahsan in Mahsud, 2011).
4. Elsewhere I have discussed different women and these – as well as other – sorts
of explanations for their limited agency (see Marway 2011).
5. About a young girl reportedly kidnapped by the Pakistani Taliban to become a
bomber (Doherty 2011).
6. About female bombers utilized by the Taliban in Afghanistan (Dearing 2010).
7. Viv Groskop’s piece is about the Chechen bombers and culture.
8. This is similar to Westlund’s (2009) later account of answerability and respon-
sibility for the self, but Benson states his is a weak substantive notion of self-
worth, whereas Westlund argues hers is a procedural account since the agent
‘may even manifest a lack of self-respect’ (37), yet still be able to answer for
herself.
9. A broad range of theorists – not just autonomy theorists – have argued that
the context and content are important for decision-making. There has been
much discussion, for instance, about adaptive preferences and how one’s pref-
erences can change depending on what one can expect to get or to be in
one’s circumstances (Nussbaum 2000). Others have criticized that – in relation
to forced marriages – there is a failure to distinguish formal and substantive
‘exit rights’ (Okin 2002). Procedural theorists in the relational camp would
certainly wish to acknowledge the importance of these contextual aspects, but
substantive theorists want to go further and include this in the assessment of
autonomy, as I will go on to show.
Female Suicide Bombers and Autonomy 125
10. Oshana’s four sufficiency conditions for autonomy are (1) critical reflection
(to determine authenticity in a similar way to most ‘internalists’, such as
Gerald Dworkin or John Christman); (2) procedural independence (where
this requires non-coercion or non-manipulation, but also demands certain
substantive standards to actually meet the formality stipulation); (3) access
to a range of relevant options (the condition is not met by having an endless
supply of non-autonomous options or where the options only satisfy brute
desires); (4) social-relational properties (the individual must be in a society
that allows her to pursue her goals in social and psychological security)
(1998, 94–95).
11. Meyers’ characterization of the levels of autonomy are the following: ‘I
shall say someone is minimally autonomous when this person possesses at
least some disposition to consult his or her self and at least some ability to
act on his or her own beliefs, desires, and so forth, but when this person
lacks some of the other skills from the repertory of autonomy skills, when
the autonomy skills the person possesses are poorly developed and poorly
coordinated, and when this person possesses few independent competen-
cies that could promote the exercise of available autonomy skills. I shall
say that someone is fully autonomous when this person possesses a compete
repertory of well developed and well coordinated autonomy skills coupled
with many and varied independent competencies. Medially autonomous
people range along a spectrum between these two poles’ (Meyers 1989,
170). Meyers’s framework relates to her notions of ‘episodic’, ‘program-
matic’ and ‘narrowly programmatic’ autonomy (1989, 48). She illustrates
that in oppressive situations (such as feminine socialization), high degrees
of episodic autonomy can be achieved (doing what one most wants in
a particular situation), and narrowly programmatic autonomy can be
achieved (decisions on a life partner for instance), but programmatic
autonomy (whether to marry at all or whether to be a mother) are compro-
mised (Mackenzie and Stoljar 2000).
12. Responsibility on Wolf’s account depends on the freedom to appreciate the
True and the Good, to discern cognitive beliefs and moral values about the
world. While she accepts this commits us to objectivity (it ‘implies the exist-
ence of nonarbitrary standards of correctness’ – 1990, 124), she denies that
this is as onerous as we might initially think, claiming there is no privi-
leged position to determine freedom, no guarantee that we can or will see
things aright, but equally no reason to doubt that the ‘powers [to do so,
including those of logic, but also imagination and perception] are at least
partly open to us’ (2008, 273). Thus, her position is not that there needs to
be an optimal and complete set of values or that they be knowable from a
culture-independent view, but that ‘the agent be capable of forming better
values rather than worse ones, good value judgements rather than bad ones,
just insofar as there are better and worse choices and judgments to be made.’
And she goes on to say that ‘According to the Reason View, the responsible
agent must be in a position that allows the reasons she has for a choice to
be governed by the reasons there are. But if the reasons there are fail to
determine a uniquely right or best choice, the agent is no less responsible
[or, to extend it for purposes of this chapter, autonomous] an agent for that.’
(1990, 125)
126 Herjeet Marway
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7
Women Raping Men
Iain Law
129
130 Iain Law
women, and that to effect penetrative sex the man must have an erec-
tion, and if he has an erection, he must be willing to have sex.2
It is not difficult to see the flaws in these reasons. Considering the
first, even though it is true that on the whole men tend to be stronger
than women, it is not true that all men are stronger than all women.
But often physical strength is of little relevance: threats of force can
be effective against the strong as well as the weak, depending more on
the perceived willingness and ability of the person issuing the threats
to actually cause damage than anything else. It is perfectly possible for
weaker person A to dominate and abuse stronger person B physically
simply because A is willing to actually use force against B in a way that
B is not willing to do. Further, not all cases of rape involve force or
threats of violence at all. (Beyond the violence inherent in rape, that is
to say. I have in mind here cases of the kind discussed in Conly 2004,
which I talk about in more detail below.) Sam does not use force or
threats against Jo in my opening scenario, and at least when Sam is
portrayed as male and Jo as female no one has any difficulty in iden-
tifying what Sam does as rape. Considering the second, it is not the
case that consent and arousal always go hand in hand. David Archard
stresses the fact that consenting is something we do – an action, rather
than a desire or an emotion: ‘the giving of consent is accomplished in
and by an intentional act. Consent is an act rather than a state of mind.
I do not consent to p by wishing that p, or by believing that p should be
permitted. I consent to p by some deliberate act’ (Archard 1997, 275).
This helps us see that even if a man has an erection, and even if, as a
matter of fact, he is willing to have sex, unless he has acted in such a
way as to communicate this willingness to his would-be partner, he has
not consented. Some may respond by saying that so long as he is in fact
willing, the fact that he has not expressed his consent does not matter
all that much. I disagree, but at this point I want to discuss another
common belief that is relevant here: that if the man in question has an
erection, it is safe to assume that he is willing to have sex (even if he
has not performed an action of consenting). Leaving aside the question
of whether it is morally permissible to proceed on the basis of this sort
of ‘willingness’ rather than requiring consent as a necessary condition
for morally permissible sex, it is simply not true that physical arousal
always indicates willingness to have sex. Unwanted arousal is some-
thing that both genders can experience, and for both genders the fact
that their body is in some sense ‘willing’ to have sex does not mean –
and must not be taken to mean – that they themselves are willing to
have sex.
132 Iain Law
The myth that arousal means willingness to have sex is one that is
damaging to both men and women. In the past – and perhaps to some
extent even today – women have suffered because of the combination
of this myth and another: that if a woman got pregnant, she must have
had an orgasm. Put together, these false beliefs led to women and girls
who became pregnant as a result of being raped – traumatizing enough
in itself – being accused of not having been raped at all. If you got preg-
nant, you must have had an orgasm, and if you had an orgasm, you
must have enjoyed it and been aroused, and if you enjoyed it and were
aroused, then you were not really raped. Echoes of mistaken views like
these are detectable even today, for example, in the comments of the
Republican politician Todd Akin, which became justly notorious when
he was standing for re-election to the US Congress in 2012: ‘If it’s a
legitimate rape, the female body has ways to try to shut that whole thing
[i.e. pregnancy] down’.3 Once again, the implication is that if a woman
does get pregnant, she cannot have been ‘legitimately’ raped. Even apart
from its damaging effects when combined with false beliefs concerning
how women get pregnant, the association between arousal and willing-
ness to have sex creates distress, confusion and self-directed disgust and
blame in women who experience arousal against their will when they
are raped. They can believe that because they felt this arousal, they must
in some way have wanted what happened, and attribute responsibility
to themselves as well as or even instead of to their rapist. If we could
as a society learn that arousal can be involuntary and unwanted, the
product of mere physiology, it would be better for both men and women
who have sex forced on them without their consent. Women would be
relieved of a burden of guilt and shame that they should not feel, and
the wrong done to men would be more easily acknowledged.
Another common reaction to the suggestion that a man could be
raped by a woman is a straightforward assumption that men cannot
be raped because they are always willing to have sex. This reaction is
not universal, of course, but it is not uncommon, and I will argue that
it reflects another cultural belief that is very commonly held: that men
are, by default, seekers of sex (the implication being that women are not
active seekers of sex but rather guardians and gatekeepers of their own
sexuality). Try the following experiment: look for a story concerning
a man or a boy who is made to have sex with a woman (or in the case
of the boy if he is under the age of consent, is persuaded to have sex
to which he cannot in law consent). Look for an online source for the
story that permits people to comment on the story, and which does
not moderate comments a great deal. I claim that if you find such a
Women Raping Men 133
story and some comments on it, it is extremely likely that among the
comments there will be some expressing the view that the man who
had sex forced on him was lucky, or that the boy who had sex to which
he could not consent is to be envied for his good fortune. Here is one
example. The news website RT.com/news reported in 2010 the case of a
man in Russia who broke into a hairdresser’s intending to rob it. Instead,
he was caught by the proprietor, ‘Olga’, who kept him captive for three
days, fed him Viagra and forced him to have sex with her. The would-be
burglar was released after three days and went to the police. Olga was
arrested and tried for sexual assault. On the website, there are several
comments. Many, to be fair, express the view that even burglars and
criminals do not deserve to be raped. One comment, by a Facebook user
named ‘Jo Erson’, takes a different view. It says ‘Jail time for this! Most
guys only dream about this happening to them. Some guys have all the
luck’. It is the most popular comment on the story.
Reactions like this, I suggest, are the product of a widespread cultural
assumption that men are, more or less, willing to have sex with anyone
at any time. Even scholarly papers on sexual consent can exemplify this
kind of assumption. Archard’s paper cited above throughout portrays
men as the ones who should seek consent, and women as the ones
who either give or withhold it. I doubt very much that Archard thinks
that men are always, or even usually, the ones who desire and pursue
sex, while women only decide whether to accede to men’s desires or
not, but that is the impression that his paper can give – if the reports
of the undergraduate students to whom I have assigned it as required
reading are anything to go by. Laurie Shrage claims that even if we do
not consciously or individually agree, as a society we have what she
calls ‘cultural beliefs’ concerning sex and gender roles (Shrage 1989,
351–352). Among these are the beliefs that men are naturally suited
to taking dominant roles and positions (Shrage 1989, 354–355), and
that human beings, particularly men, possess strong sex drives that are
both difficult and dangerous to repress (Shrage 1989, 352–353). Taken
together, these beliefs add up to imply that men are, in general, pursuers
of sex. They are the ones who try to get women to have sex with them,
and women are given the role of saying ‘yes’ or ‘no’ to their advances.
It would be better for both men and women if society could develop
in such a way that these ceased to be our cultural beliefs. Both genders
are misrepresented by them, and relations between them damaged as
a result. It is insulting to men to think of them as pursuing sex almost
indiscriminately, and as always being willing to have sex. It is a denial
of women’s sexuality and agency to allocate to them a largely passive
134 Iain Law
1 Rape
(1) A person (A) commits an offence if –
(a) he intentionally penetrates the vagina, anus or mouth of
another person (B) with his penis,
(b) B does not consent to the penetration, and
(c) A does not reasonably believe that B consents. (Sexual
Offences Act 2003, 1.1)
concerned, namely the absence of consent, the two kinds of offence are
identical. Only if there is some other morally or legally relevant factor
in which they differ could there be any justification for classifying the
wrongdoing or the crime differently.
I will make a brief digression from my main focus here to briefly
discuss one possible candidate for such a factor: harm. Some ethicists
argue that consent (or the lack of it) is the only thing that matters to
the moral permissibility of sex (given certain background conditions).
Archard sums this view up in two principles. The principle of consen-
suality states that ‘a [sexual] practice, P, is morally permissible if all
those who are parties to P are competent to consent, give their valid
consent, and the interests of no other parties are significantly harmed’.
The principle of non-consensuality states that ‘a [sexual] practice, P,
is morally impermissible if at least one of those who are parties to P,
and who are competent to consent, does not give valid consent, even
if the interests of no other parties are significantly harmed’ (Archard
1998, 2).
Not everyone agrees, however, that sex which is harmful is made
permissible by consent. Within the bondage, discipline, sadomaso-
chism community there are two broad schools of thought on the issue.
Advocates of ‘risk-aware consensual kink’ argue that so long as consent
has been given by someone who is aware of the harm that they risk
being done to them or that will be done to them, sex which causes (or
risks causing) harm is morally permissible. Advocates of the rival ‘safe,
sane and consensual’ approach disagree, thinking that unsafe practices
are ones that we ought morally to avoid even if everyone participating
consents. We need not decide that dispute, however, to consider the
possibility that when consent is not given, harm done can be a separate
wrong-making factor. If person A does something to person B without
B’s consent, that may be wrong (depending on what the deed was),
but if A harms B in doing it, that seems to make A’s action worse. That
would provide one reason for separating into two different categories of
wrongdoing sexual assaults that involve penetration of the victim and
those that do not, if we thought that being penetrated is or occasions
greater harm than being forced to penetrate someone else. This may
not be an implausible suggestion. I suggest, however, that it is clearer
to have a single concept and word for sex that is imposed on someone
without their consent: rape. We could then consider the degree to which
particular acts or forms of rape included additional harm (harm in addi-
tion to the harm of having non-consensual sex imposed, that is) as
Women Raping Men 137
Anderson is concerned with what the law classifies as rape. She distin-
guishes four models that either have been or could be used:
1. ‘Common law’: both lack of consent from the victim and force (or
the threat of it) from the rapist are required for rape. (Anderson 2005,
1403)
2. The ‘no’ model: the victim is required to say ‘no’ for it to be rape (or
to demonstrate lack of consent by struggling, as in the common law
model). (Anderson 2005, 1404)
3. The ‘yes’ model: unless the victim says ‘Yes’, it is rape, unless the
alleged victim demonstrated consent non-verbally, i.e. ‘said “yes”’ via
body language. (Anderson 2005, 1405–1406)
4. The negotiation model: penetration is only permissible after negotia-
tion between the two parties, and except in the case of long-standing
relationships with well-understood non-verbal ‘negotiations’, this
negotiation must be verbal. (Anderson 2005, 1407)
Anderson argues that only the negotiation model will capture all
cases of rape, because of the psychological effects that often accom-
pany being raped, such as ‘peritraumatic paralysis’ and ‘peritraumatic
dissociation’(Anderson 2005, 1415–1416). These can result in the
inability to speak or actively resist. This clearly creates problems for
the ‘no’ model, and Anderson argues that it also creates them for the
‘yes’ model, because of its willingness to allow for the possibility of a
non-verbal ‘yes’. She quotes a sentence from one advocate of the ‘yes’
model, Stephen Schulhofer, several times: ‘If she doesn’t say “no”, and
if her silence is combined with passionate kissing, hugging, and sexual
touching, it is usually sensible to infer actual willingness’ (Schulhofer
Women Raping Men 139
1998, 272, quoted in Anderson 2005, 1405, 1406, 1413, 1420–1421, and
1431).
Anderson argues that this element in the ‘yes’ model means that it will
fail to categorize some rapes as rapes, because if the victim experiences
the kind of peritraumatic paralysis that she describes at the moment
when the encounter moves from ‘passionate kissing’ and so forth (to
which she consents) to attempts at penetration (to which she does not),
the ‘yes’ model as described by Schulhofer has to classify the encounter
as, if not consensual in fact, one in which the man was ‘sensible’ in
(mistakenly) inferring actual willingness. It seems to me that Anderson
is a little uncharitable to the ‘yes’ model. She allows a single sentence in
one book to damn the entire approach. Let us suppose that a defender
of the ‘yes’ model thought that Anderson has a good point, and that this
sentence should not be part of their view. They could simply revise that
part in such a way as to remove the implication that they want to avoid.
After all, Anderson’s own ‘negotiation’ model will have to acknowledge
that some ‘negotiations’ are briefer than others. There must presum-
ably be some minimum amount of negotiation on her view, and this
minimum is likely to be barely distinguishable from mutually seeking
and receiving a ‘yes’. That said, her model has the virtue of not implying
that a bare ‘yes’ is all that could be wished. More negotiation in order
to avoid ambiguity and misunderstanding is to be desired, and the ‘yes’
model may fail to include this element.
One feature of Anderson’s account that strikes me as notable is her focus
on penetration. She observes, correctly, that someone might consent to
sexual activity other than penetrative sex, but not consent to penetra-
tive sex; however, she couches her discussion of this point wholly in
terms of whether or not (in a heterosexual context) the woman consents
to be penetrated. (It is, perhaps, significant that there is not a readily
available active verb to describe the action of bringing about penetra-
tion on the part of the person being penetrated. Penetration is treated
by the English language as an action even if the person who does the
penetrating does it against their will or even while unconscious.) Her
‘negotiation’ model, although it places a requirement on both partners
to express clearly (usually verbally) what they want and are willing to do,
and despite the fact that she claims that it is gender neutral (Anderson
2005, 1424), places the moral burden entirely on the man, since it is
the act of penetration (not the gender-neutral act of bringing penetra-
tion about) that is made permissible by the giving of consent or left
impermissible by its absence. For this reason, I worry that her account
fails in its aim of capturing all cases of rape, because it risks omitting just
140 Iain Law
the kinds of cases with which I have been concerned in this paper. It
also will not include cases that do not involve penetration. If a woman
A imposes non-penetrative sex on a woman B to which B does not
consent, B has not been raped according to Anderson’s account. I think
that this is a flaw, but I do not have space here to decide the issue noted
above of what should count as ‘sex’ for the purpose of identifying what
should count as ‘non-consensual sex’. There are forms of sexual activity
which fall short (to use the popular but somewhat obscure metaphor of
distance to sex: one act counting as ‘going further’ than another etc.) of
actual sex, and which would not count as rape if imposed on someone
without their consent. Anderson, by implication at least, thinks that any
and all non-penetrative activities should fall on the not-rape side of this
division, while I disagree. I think that if it counts as sex, then imposing
it –whatever it is – on someone without their consent counts as rape.
And it seems odd to say that a lesbian whose sexual activities never
involve penetration has never had sex despite it seeming to her that she
has had quite a bit. But I cannot definitively settle this issue here, and
I suspect that there is no clear answer, and that it will be necessary to
draw a somewhat arbitrary line in the end.
My conclusion, incomplete though it therefore is, is that as a society,
and also in the relevant laws we should adopt an understanding of rape
that is gender neutral and which incorporates the best elements from
the suggestions of Conly and Anderson: sex is morally permissible only
after negotiation between all parties in which no party makes use of
illegitimate threats and after which all parties consent. A model like this
would acknowledge the reality of the fact that women can rape men, but
would serve the needs and interests of men and women alike.
Notes
1. In this paper I will speak of men and women, understanding those terms to
include transmen and transwomen. There are some reasons for thinking that
this is unsatisfactory, and some may criticize my usage. It could be argued
that I should speak instead of persons with penises and persons with vaginas.
I think –although I am not perfectly sure of this – that everything I say about
how men can be raped by women will include all persons with penises. If I am
mistaken, I apologize for my ignorance.
2. I should note, in justice to the people whom I have asked about this, that it is
quite common for them to realize that there is something wrong with these
assumptions as soon as they articulate them. Often the same people whose
immediate response was to deny the possibility of women raping men find
themselves reconsidering that response as soon as they bring their reasons for
thinking it out into the open and examine them.
Women Raping Men 141
3. This remark was widely reported. See, for example, the BBC’s report: http://
www.bbc.co.uk/news/world-us-canada-19319240.
4. Conly includes ‘choice’ in her list of necessary conditions, but her discussion
under that heading makes it clear that this is a mistake on her part: her point
is that someone may have been raped even if they chose to have sex rather
than suffer the consequences of not doing so. So it is not that choosing to
have sex is a necessary condition for being raped; rather, it is that choosing to
have sex rather than face the threatened alternative can still count as being
raped.
References
Anderson, M. 2005. ‘Negotiating sex’, Southern California Law Review, 78,
1401–1438.
Archard, D.1997. ‘A nod’s as good as a wink: consent, convention and reasonable
belief’, Legal Theory, 3, 273–290.
Archard, D. 1998. Sexual Consent. Boulder, CO: Westview Press.
Breiding et al. 2014. ‘Prevalence and Characteristics of Sexual Violence, Stalking,
and Intimate Partner Violence Victimization – National Intimate Partner and
Sexual Violence Survey, United States, 2011’ Morbidity and Mortality Weekly
Report, Centers for Disease Control and Prevention. Available at: http://www.
cdc.gov/mmwr/, 63, 1018.
Conly, S. 2004. ‘Seduction, Rape and coercion’, Ethics, 115, 96–121.
Norwegian Ministry of Justice. 2006. The General Civil Penal Code, unofficial
translation into English. Available at: http://www.ub.uio.no/ujur/ulovdata/
lov-19020522-010-eng.pdf.
Primoratz, I. 1999. Ethics and Sex. Oxford: Routledge.
Sexual Offences Act 2003. http://www.legislation.gov.uk/ukpga/2003/42/pdfs/
ukpga_20030042_en.pdf.
Shrage, L. 1989. ‘Should feminists oppose prostitution?’, Ethics 99, 347–361.
Part III
Governance, Violence and
Agency
8
Andrea Dworkin’s Pornography: Men
Possessing Women – A Reassessment
Bob Brecher
Introduction
145
146 Bob Brecher
I shall argue, then, that Dworkin has much to teach us in today’s neo-
liberal world. Her argument is not primarily a causal one, despite some-
times reading as if it were. The legal route she chose as the ground on
which to fight may well be a dead end, but that does nothing to under-
mine the force of her underlying analysis. It may even be that pornog-
raphy is less pivotal than she thought, but even then, the form of her
analysis and the substance of her argument, far from being rhetorical
and/or fallacious, are exactly what we need to counter the depredations of
neo-liberal ‘common sense’. That it was difficult for her to find a language
beyond that of liberalism to express her argument is no excuse either for
ignoring or misinterpreting it. In places her argument certainly remains
within liberal constraints. In others, however, it is profoundly anti-liberal,
but this internal tension does not detract from its pertinence.
What is immediately striking is how little attention has been paid to
Dworkin’s actual analysis. Take, for example, two representative collec-
tions, the first a committed anti-pornography text, the second a more
‘balanced’ one. Edited by a formidable campaigner, Catherine Itzin,
Pornography: Women, Violence and Civil Liberties: A Radical New View
(1992), contains 26 articles, only two of which (Kappeler; Cameron and
Frazer) engage with Dworkin’s analysis (and even then not in detail)
rather than with its perceived implications. Drucilla Cornell’s 2000 collec-
tion, Feminism and Pornography, while including two articles by Dworkin
herself, contains nothing about Pornography among its 39 articles. Alison
Assiter’s 1989 Pornography, Feminism and the Individual is an honourable
exception in its analysis of how pornography exemplifies sexism (for all
that it argues, like her later work [Assiter and Avedon, 1993], against both
censorship and Dworkin’s emphasis on pornography). A 2012 Google
search for ‘Andrea Dworkin pornography critique’ brings up some 3,640
items: none of the first hundred or so address what she herself identifies
as her argument. So what does she actually say?
And that power is of course the power of violence: both direct violence
against women – historically and geographically ubiquitous – and the
Andrea Dworkin’s Pornography 147
With respect to both obscenity and the First Amendment: this is not
a book about what should or should not be shown; it is a book about
the meaning of what is being shown. (ibid.)
What could be clearer? The fact that Dworkin would later argue about
what should or should not be shown without legal redress does not
alter the fact that this text concerns the meaning of pornography. As
for the charge of essentialism – boys are culturally moulded into patri-
archy through pornography, an argument she certainly makes in the
book (pp. 48–69) – the final sentence of her Preface suggests at least a
tension between the essentialism suggested both here and elsewhere,
and her opening insistence that, quoting Christabel Pankhurst (1913),
‘Men have a simple remedy for this state of things. They can alter their
way of life’ (Dworkin 1981, 9). Dworkin’s topic, then, is exactly what her
title announces: men possessing women.1 That is at once the meaning
of pornography and (thus) what pornography is. Pornography is not
simply those artefacts (films, images, texts) in which ‘the graphic depic-
tion of whores’ (p. 10) takes place: it is also and at once the material
reality in which those artefacts consist and which they exemplify.
How should we understand this claim? Crucially, it is not the simple
causal claim that pornography causes sexual violence, and in particular
rape, although – as I shall go on to argue – some sort of causal claim is
involved. But it is a far more complex one. Nor is it a claim about the
conditions of production of visual pornography; about what is and what
is not pornographic; about whether or not, and if so how, pornography
should be censored; or even about what, if anything, is to be done about
pornography’s role in at once exemplifying and helping instantiate
male sexual violence. Dworkin has plenty of things to say in the book
about the first two of these – especially about the enculturation of boys
and the torture of women in the production of pornography – but that
is not its primary subject. She also had much to say elsewhere about the
last three (censorship, how feminists should use law and the prospects
for men’s changing). Certainly one might wish that she had been more
careful to separate out, both conceptually and textually, those sets of
claims from that about pornography’s function. Nonetheless, it is hardly
difficult to do so. Nor will it do to read this text through the prism of her
later writing, claims and campaigns.
148 Bob Brecher
The ideational framework in which the act of the Nazi genocide was
set involved – required – a number of concepts that had been central
in enlightenment thought. (1990, 169)
Liberal harm
The classical liberal view of what constitutes harm is encapsulated in
John Stuart Mill’s claim that if an action does not cause ‘perceptible
hurt to any assignable individual except himself’, then it is not to be
prohibited. The harm has to be ‘perceptible’ (1989, 13), and it has to be
an identifiable person who is harmed. Harm is direct and measurable,
and what causes it is relatively straightforward: A hits B, and B hurts.
Interestingly, Mill himself sees the difficulty here, although he hardly
acknowledges its seriousness:
[H]ow (it may be asked) can any part of the conduct of a member
of society be a matter of indifference to the other members? No
person is an entirely isolated being; it is impossible for a person to
do anything seriously or permanently hurtful to himself, without
mischief reaching at least to his near connections, and often far
beyond them’. (p. 80; for discussion, see Brecher 1997, 151–154)
This statement clearly forms the backbone of her later campaigns. So, for
example, in a section on pornographers in ‘Against the Male Flood’, she
makes claims about ‘the real flesh-and-blood women in the pictures’; and
goes on to claim, concerning written pornography, that ‘the pornography
[the Marquis de Sade] wrote was an urgent part of the sexual abuse he
practised’ (Dworkin 1992, 524, 525). Both of these are straightforwardly
empirical claims. The relevant paragraph closes, however, with the quite
different sort of claim that ‘Pornography, even when it is written, is sex
because of the dynamism of the sexual hatred in it; and for pornogra-
phers, the sexual abuse of women as commonly understood and pornog-
raphy are both acts of sexual predation’ (1992, 525; my emphasis). As
Ludwig Wittgenstein observed of ordinary language, so Dworkin here
observes of the language of pornography: its meaning is constituted by
the use to which it is put. That is how it is possible for the empirical situ-
ations she discusses to arise at all. The use, furthermore, of pornography,
helps develop the language of pornography ... which in turn is put to
further use ... and so on. Thus one might, following Lang, speak of an
affiliation between pornography and patriarchy, or of what pornography
helps make possible in and about patriarchy.
Again, Cameron and Frazer argue in similar fashion: ‘Even if ... [pornog-
raphy] does not cause sexual violence it may be criticized of its role in
shaping certain forms of desire (and not others)’. Its ‘place in the culture
of transcendence/transgression’ is held ‘in virtue of several character-
istics: the narratives it constructs, the form in which it renders them
and the position it has in our culture as inherently a transgressive genre
(though at the same time a pervasive one)’ (1992, 376). Since 1992, our
culture has become increasingly sexualized, and pornography remains
central to the ‘construction of desire’ concerned: pornography ‘shape(s)
it in particular ways’ (ibid.). What Dworkin insists on – without using
the term – is that pornography constructs sexual desire in our culture at
least as much as it is itself constructed in response to that constructed
Andrea Dworkin’s Pornography 153
‘Today’s man’, Agamben says, ‘has become blind not to his capacities
but to his incapacities, not to what he can do but to what he cannot, or
can not, do’ (p. 44). I am tempted to dub this negative causality: obsta-
cles and barriers to doing something are removed, while obstacles and
barriers that in certain cases need to remain in place if we are not to do
things we ought not to do, remain in place. Consider President Barack
Obama’s commitment to the so-called war on terror blinding him to his
capacity to not order the assassination of Osama bin Laden. A practice
exists; it is ‘normal’. In light of the nature of that ‘normality’, another
practice is introduced. In turn, this new practice further entrenches that
‘normality’ ... and so on. This is surely all too familiar. So what stands in
the way of our understanding what Dworkin tells us about pornography?
Why might pornography be different from all these other aspects of our
everyday lives? For this is precisely what she claims about pornography:
154 Bob Brecher
it blinds men to things they can not do, to things they have the capacity
not to do. Pornography, she tells us, functions in this regard in just the
same way as other ideologies, or elements of ideology.
Dworkin’s text
With all that in place, we can now return to Dworkin’s text. Certainly
some of her fire is directed at the fact (then) that ‘real women are
required for the depiction’ (1981, 200) of women as ‘whores’ (p. 10).
And yet, although she insists on the centrality of ‘women in makeup
and costumes under hot lights’ (p. 147; and see p. 138ff.), on the real
women used to make visual pornography, she immediately, and admit-
tedly rather contradictorily, goes on to quote Suzanne Brøgger to the
effect that the ‘essence of rape (which is what she takes such photog-
raphy to be) [ ... ] lies not in the degree of psychological and physical
force ... but in the very attitude toward women that makes disguised or
undisguised rape possible’ (Dworkin 1981, 138). And so her claims that
‘pornography itself is objective and real and central to the male sexual
system’ (p. 200) and ‘[t]he force depicted in pornography is objective
and real because force is so used against women’, so that ‘[t]he debasing
of women depicted in pornography is objective and real because women
are so used’ (p. 201) might seem ambiguous. While she can be read as
simply making a set of empirical claims, however, notice that what she
claims is a connection from ‘the real world’ to pornography. Pornography,
she is telling us, exemplifies patriarchy – as well as helping to keep it in
place:
Pornography does not, as some claim, refute the idea that female
sexuality is dirty: instead, pornography embodies and exploits this
idea; pornography sells and promotes it. (ibid.)
The ‘perfect submissiveness’ that her original lover and then Sir
Stephen demand of her echoes the extinction of the self explicitly
required of a Jesuit novice or Zen pupil [in both cases men, of course].
O is ‘that absent-minded person who has yielded up her will in order
to be totally remade’, to be made fit to serve a will far more powerful
and authoritative than her own. (1969, 68)
Quite so. Wickedness and cruelty can occur vicariously and are none-
theless wicked or cruel for that, not least in terms of what they do
to ‘the consumer’. Consider here the very different attitudes evinced
in proposals to prohibit the purchase, as opposed to the sale, of sex.
Dworkin is particularly clear about this in her discussion of women as,
historically, ‘chattel property’, in the context of considering gay sex:
156 Bob Brecher
Everything in life is part of it. Nothing is off in its own corner, isolated
from the rest. While on the surface this may seem self-evident, the
favorite conceit of male culture is that experience can be fractured,
literally its bones split, and that one can examine the splinters as if
they were not part of the bone, or the bone as if it were not part of
the body. This conceit replicates in its values and methodology the
sexual reductionism of the male and is derived from it ... So the scien-
tist can work on bomb or virus, the artist on poem, the photographer
on picture, with no appreciation of its meaning outside itself; and
even reduce each of these things to an abstract element and nothing
else – literally attribute meaning to or discover meaning in nothing
else. (Dworkin 1981, 67)
then her point is to be understood as one about its forms, and if the
latter, then as a point about sexual desire itself. Either way, it need
not depend on any essentialism. The biological-sounding claims she
makes in the text about boys, men and the role of the penis (Dworkin
1981, ch. 2, pp. 48–69) probably justify the description of at least this
passage as essentialist. But her general argument does not depend on
essentialism: it can as well be understood as social constructionist.
Indeed her active legal proposals for how we – or rather, people in the
United States of the 1980s – might set about at least starting to deal
with it sit extremely uneasily with any essentialism about male sexu-
ality. Second, what she claims is something that liberalism cannot
recognize, going as it does against its simplistic, cause/effect, unidi-
rectional and individualistic understanding of harm (and indeed of
benefit) and its parallel inability to grasp what ideology – not least its
own – is and how it functions.
Let me say more about this second point. Neither harm nor good
attach solely to identifiable individuals. To go back to my earlier exam-
ples, the impact of the Sexual Offences and Abortion Acts of 1967. One
way of generalizing from these is to suggest that harm and good can
be brought about not just directly but indirectly, through the effect of
something (an action; a practice; a belief) on the range of what comes
to enter the moral, political and other contexts, on what comes to be
regarded as within or beyond the possibly acceptable. That, in fact, is
how moral change tends to come about: think of women’s liberation
or slavery. The moral climate sets the parameters of moral possibility
(Brecher 1997, 147–159). That is what Dworkin has in mind when she
says things like these:
So when she ends the book by saying that ‘We will know that we are free
when the pornography no longer exists’ (p. 204), she is not intending
158 Bob Brecher
to make the causal claim that getting rid of pornography will liberate
women; rather, we shall know that women have been liberated only
when pornography has disappeared. For pornography is – whatever else
it also is – at once a symptom of oppression as well as one of its vehicles.
Of course, this is hard to express in liberal language, because liberalism
cannot recognize the complex interplay between the social and the indi-
vidual, or the place of the moral climate in making things possible or
impossible, more or less likely.
Acknowledgements
Notes
This chapter is dedicated to the memory of Soran Reader, an indefatigable femi-
nist and champion of Andrea Dworkin’s insights.
1. For discussion of women as chattel, see Dworkin 1981, pp. 101–102 and, stun-
ningly, Rhys 1969a, 1969b, 1971, 1973.
References
Adorno, T. and Horkheimer, M. 1973 [1947]. Dialectic of the Enlightenment, tr.
John Cumming. London: Verso.
Agamben, G. 2011. ‘On what we can not do’, in idem, Nudities. Palo Alto: Stanford
University Press, pp. 43–45.
Assiter, A. 1989. Pornography, Feminism and the Individual. London: Pluto.
Assiter, A. and Carol, A. 1993. Bad Girls and Dirty Pictures. London: Pluto.
Brecher, B. 1997. Getting What You Want? A Critique of Liberal Morality. London:
Routledge.
Brown, B. 1981. ‘A feminist interest in pornography – some modest proposals’,
m/f, 5/6, 5–12.
Cameron, D. and Frazer, E. 1992. ‘On the Question of Pornography and Sexual
Violence: Moving beyond Cause and Effect’ in C. Itzin (ed.) Pornography: Women,
Violence and Civil Liberties: a Radical New View. Oxford: Oxford University Press,
359–383.
Cornell, D. (ed.) 2000. Feminism and Pornography. Oxford: Oxford University
Press.
Dworkin, A. 1981. Men Possessing Women. London: The Women’s Press.
Dworkin, A. 1992. ‘Against the Male Flood’ in C. Itzin (ed.) Pornography: Women,
Violence and Civil Liberties: a Radical New View. Oxford: Oxford University Press,
515–535.
Dworkin, A. and McKinnon, C. 1992. Model Antipornography Civil Rights Ordinance.
Available at: <http://www.efalk.org/falk/Censorship.html#ordinance>. (For the
bill introduced in Massachusetts based on this model see <http://www.nosta-
tusquo.com/ACLU/dworkin/OrdinanceMassComplete.html>). [Both accessed
1 May 2011].
Itzin, C. (ed.) 1992. Pornography: Women, Violence and Civil Liberties: A Radical New
View. Oxford: Oxford University Press.
Kappeler, S. ‘Pornography: The Representation of Power’ in C. Itzin (ed.)
Pornography: Women, Violence and Civil Liberties: A Radical New View. Oxford:
Oxford University Press, 88–101.
Andrea Dworkin’s Pornography 161
Lang, B. 1990. Act and Idea in the Nazi Genocide. Chicago, IL: Chicago University
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Lasch, C. 1979. The Culture of Narcissism. New York: Warner Books.
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London: Secker and Warburg.
9
Violence, Techno-Transcendence
and Feminism: Thinking about
Agency in the Digital Age
Gillian Youngs
Introduction
We live in a different world in the 21st century, and much of that differ-
ence is technologically mediated. It is not an overstatement to say that
many of our theories and concepts are far from up to speed with what
these changes mean. This is the case not only with how to understand
and analyse the world and different structures and processes within it
but also with inevitably how to critique them, identify negative impacts
and overcome them. The Internet and digital transformations that have
resulted from it, especially since the arrival of the World Wide Web in
the early 1990s, have heralded a new spatiality in human affairs yet to be
fully comprehended in philosophical, and many other, senses. This new
spatiality represents a complex approach to the social that incorporates
the Internet and its virtual processes as much as more familiar tradi-
tional physical settings and activities. The overall aim in this chapter is
to locate violence and women’s agency within this complex spatiality
to enhance our thinking about forms of gendered oppression and resist-
ance to them. Use of the Internet has expanded the social sphere and
identity and relational processes within it, so it is an integral part of
considerations of being and empowerment. This discussion draws on
the concept of ‘techno-transcendence’ to capture this expansion and to
recognize how the Internet has contributed to reducing temporal and
spatial constraints.
The chapter begins with a discussion of complex spatiality and tech-
no-transcendence. This section foregrounds an understanding that
gendered relations of power play out increasingly in contemporary
162
Violence, Techno-Transcendence and Feminism 163
Space and time are essential components of human existence (for a range
of perspectives on this area, see, for example, Harvey 1990; Featherstone
and Lash 1999; Hemmings 2002; Youngs 2007). They are the main
contexts for our lives as material and time-bound beings. Spatial trans-
formations are ontological in the ways in which they change what the
world is for us as human beings. They have epistemological implications
to the extent that such changes impact on where and how we look to
understand what the world is and what is happening within it.
In contemporary digital times, we have entered an era of dual spati-
ality combining virtual online spaces, processes and interactions, with
offline ones (see, for example, Shields 2003; Youngs 2007). The tech-
nological cutting edge of human life is the virtual online dimension.
Increasingly, the more familiar (traditional) offline dimension is being
extended and reshaped by it. In other words, the fastest and most effi-
cient areas of human activity in daily life are taking place increasingly
online rather than offline, and our sense of what that activity and daily
164 Gillian Youngs
life are, is being refashioned accordingly. Just to make this point clearer:
where and what we do in the world has direct or indirect impact on
what we understand the world to be as well as the identities we fashion
within it. The Internet and the virtual world do not float free from the
concrete physical world. They consist of myriad devices and networks,
hardware and software, that make the virtual sphere possible and acces-
sible. But as we are all aware to one degree or another, even if only
subliminally, online spatiality is distinct from offline spatiality in many
diverse ways. Being present virtually, whether we are talking about a
business or other organizations, a person or a relationship, information
or transaction, is distinct from being present physically in a traditional
manner. The more presence is defined and experienced virtually online
(rather than physically offline), the more the world can be considered
ontologically to be virtual rather than physical, or, perhaps to be more
precise, the more it is a combination of the virtual embedded as part of
the physical world.
These shifts, as a major feature of 21st-century life, are intrinsi-
cally about the relationship between time and space, and the ‘techno-
transcendence’ that this new combined reality of the virtual and the
physical represent and continue to develop through technological inno-
vation. They feature some continuity with technological developments
of the past (especially technologies of travel, such as the airplane and
car, but also communications technologies of telegraph and telephone)
in transcending constraints of time and space (Harvey 1990; Winston
1998; Urry 2007). But the virtual sphere of the Internet goes much
further in redefining the ontological nature of human time and space,
and capacities to transcend varied boundaries and limitations related to
them. Where access is possible, the Internet crosses physical bounda-
ries and temporal time zones and structures. Ontologically it posits a
world in which such boundaries, zones and structures have decreasing
significance, in principle if not always in practice. As with all things
human, the picture is not universal for various economic, political and
social reasons. Economic, educational and social inequalities across
and within states impact on digital developments and exclusion, and
some states work to severely restrict Internet access for political and/
or cultural reasons, one notable example being China’s governmental
efforts to keep out liberal democratic influences (Human Rights Watch
2012).
However uneven the global picture may be, the space-time tran-
scendent characteristics of the Internet remain a game changer in onto-
logical terms. This extends to many traditional time-space boundaries of
Violence, Techno-Transcendence and Feminism 165
pre-digital times such as private and public, home and work, production
and consumption. It also extends to those of societal spheres such as
economy and polity, profit and non-profit, work and entertainment.
The seamless quality of the Internet as a series of spaces to be accessed in
rapid succession or multiply simultaneously disrupts traditional mean-
ings of the separation of different spheres and timeframes. The informa-
tional and data-based nature of virtual space represents a new form of
unifying the playing field for human and social presence and activity.
This is part of the essence of the techno-transcendence involved in
digital transformations. The technological mediation involved in online
activity translates aspects of human reality into data (multimedia) form,
and through its extended reach and speed of transmission, infuses it
with more accessibility and power in time-space terms.
We see a freeing-up or loosening of constraints in time-space senses
when we are dealing with digital change, and this impacts equally on
how we understand violence and forms of agency that seek to contest,
prevent or address it. The Internet is a medium through which violence
is expressed and enacted, as well as represented in multimedia form,
and also a sphere of social relations in which agency in various forms,
including in association with countering or contesting violence, is
expressed and enacted. This means that it is important to consider
techno-transcendence in relation to both violence and agency directed
against it.
The 2011 Girlguiding UK survey found that 43% of girls said they
were put off science and engineering careers because they did not
know enough about the kind of careers available. 60% said they
also were put off by a lack of female role models. While there are
a number of praiseworthy employers and initiatives showing what
careers are available, there are gaps in terms of number and range
of the jobs being promoted to girls, combined with a lack of female
role models in sufficiently senior positions to convince girls they are
welcome.
Girls are being turned away from STEM careers by a perception of
greater sexism in the workplace. For example, the 2011 Girlguiding
UK survey found that 30% of girls thought that worries about sexism
in the workplace put girls off a career in science or engineering. (WISE
2012, 1–2)
Violence, Techno-Transcendence and Feminism 173
as it is offline, or this is already substantially the case for those who are
connected and will be more so. Violence as a fact of life is inevitably a
fact of digital life. The techno-transcendence that is a feature of digital
developments is harnessed alike by those wishing to perpetrate, engage
in and represent violence, as it is those working to counter it. The latter
include organizations committed to stopping all forms of violence against
women and children, and championing their rights. Global activism
covers areas such as trafficking and prostitution, and sexual and repro-
ductive rights, as well as domestic and institutionalized forms of violence
(see, for example, Amnesty International campaigns and the United
Nations Entity for Gender Equality and the Empowerment of Women).
The multimedia and social networking dimensions of the Internet are
also being utilized by perpetrators of violence as well as those working
against it, heralding the need for new forms of digital literacy to reduce
vulnerability and risk and increase empowerment and agency.
There are also fundamental considerations about digital transforma-
tions and feminism and agency that have been highlighted here. They
focus on historically entrenched and continuing gendered realities of
science and technology, in which male and masculinist power and iden-
tifications dominate, and women and female influence remain limited.
This is part of the picture when we talk about digital inclusion and
empowerment. The ontological significance of digital developments in
shaping the fabric of social spaces and relationships of the future makes
a strong case for greater attention to the limited presence of women in
science and technology. If, as seems clear, digital transformations are
refashioning what our world actually is and the ways in which we navi-
gate, exist in and identify with it, then science and technology, which
are central to producing this reality, should be as inclusive as possible.
It can be argued that the growing pace of technological change presses
this imperative more intensely as the years go by. If we accept that the
past has been distorted by gendered inequalities in science and tech-
nology, then we can accept as things stand that the digital future risks
continuing this distortion or even expanding it.
Acknowledgements
References
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of Child Exploitation and Abuse. June 2012. London: CEOP. Available at: http://
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Dworkin, A. 1981. ‘Pornography’s Part in Sexual Violence’, Letters from a War
Zone: Writings 1976–1989. Available at: Andrea Dworkin Online Library
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html [Accessed 1 December 2012].
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the Knowledge Society. Bloomfield, CT: Kumarian Press.
Harcourt, W. (ed.) 1999. Women@Internet. London: Zed.
Harding, S. 1998. Is Science Multicultural? Postcolonialisms, Feminisms and
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Creativity. North Melbourne, Vic.: Spinifex.
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Routledge.
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Routledge.
Phillips, A. 1991. Engendering Democracy. University Park, PA: Pennsylvania State
University Press.
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Urry, J. 2007. Mobilities. Cambridge: Polity.
Walby, S. 1990. Theorizing Patriarchy. Oxford: Wiley-Blackwell.
Walby, S. 2009. Globalization and Inequalities: Complexity and Contested Modernities.
London: Sage.
Walby, S. 2011. The Future of Feminism. Cambridge: Polity Press.
Violence, Techno-Transcendence and Feminism 177
Introduction
178
‘Not Just Victims ... But’ 179
taken them so long to build up. The marines found the body parts of
the young woman strewn nearby the next morning. Sanjar Sohail,
publisher of the leading daily newspaper in Afghanistan, reported that
57% of marriages in his country take place with girls under the legal age
of 16, with serious consequences for maternal mortality, that as 104 of
1,000 mothers die in childbirth. Lack of access to health care remains
a major issue for rural women in Uganda, where women give birth in
the bush tied to a tree, ending up with fistulas and the fate of being
one of ‘the smelly ones’, with no resources for surgical intervention.
And sexual violence in Democratic Republic of Congo (DRC) remains
high. As Anne-Marie Esper Larsen, Denmark’s ambassador for gender
equality, said, in DRC ‘there is no longer fighting, just rape of women,
so everyone is happy’.
This conference left me puzzled. On the one hand, both women and
men suffer from high levels of sexual violence in many countries of the
world; women often suffer from social and religious pressures requiring
underage marriage, from lack of health care, from high risks of maternal
mortality and from fistulas; and local nongovernmental organisations
(NGOs) often have too little funding to solve these problems. On the
other hand, many politicians, diplomats and NGO activists call for
speaking of women as ‘not just victims’ but in terms of agency, empow-
erment and resilience. What are the assumptions of a discourse that sets
up an opposition between being the target or bearer of serious bodily
harm and being a political agent ready to take up the challenges of
the future? Why is suffering assumed to be in opposition to political
agency?
On one level, this opposition is rooted in a set of assumptions about
the victim, as victims are typically portrayed as passive, pathetic and
backward looking.1 And such qualities would fit poorly with the quali-
ties of political agency, which presumes the ability to engage in future-
oriented collective activities. On another level, this opposition is rooted
in a set of assumptions about the relation of the viewer to victims.
Hannah Arendt addresses the issue of whether compassion, which she
describes as co-suffering, can play a role in political life. Since in her
view compassion can only comprehend the suffering of one person, it
is bound to the particular as opposed to the general (Arendt 1963/1990,
85). Compassion abolishes the ‘worldly space’ in which politics and
human affairs is located, and ‘it remains, politically speaking, irrelevant
and without consequence’ (Arendt 1963/1990, 86). From this point of
view, if victims arouse compassion, then they are placed entirely outside
the frame of political discourse.
180 Robin May Schott
‘recuperated and coopted’ (Alcoff and Gray 1993, 260) by the very forces
which feminists seemingly opposed. In this context, the concept of
victim in feminist discourse became a central site of contention.3
From a poststructuralist direction, Sharon Marcus’ work directly chal-
lenged the anti-rape discourse that led to an identity politics invested
in women’s violability. She criticized Brownmiller’s claims that women
are inherently rapable (Marcus 1992, 387), that rape is death (p. 395),
that female sexuality is an inner space which is invaded and violated
by rape and that ‘the entire female body comes to be symbolized by
the vagina’ (p. 398). Marcus argued against this approach that entails ‘a
complete identification of a vulnerable, sexualized body with the self’
(p. 394) and which excludes ‘women’s will, agency, and capacity for
violence’ (p. 395). Instead, rape should be understood as part of a ‘rape
script’ (p. 397), a ‘grammar of violence’ (p. 396), and she defines rape
as ‘a sexualized and gendered attack which imposes sexual difference
along the lines of violence’ (p. 397). She argues that for Brownmiller,
the concept of victim is opposed to will, agency and the capacity for
violence. Instead, one should understand ‘victim’ as a momentary role
(p. 391) carried out by an actress (p. 392), rather than referring to victim
as a preconstituted (p. 391) identity.
When Marcus describes rape as momentary, her description is part of
a general understanding of violence as made up of momentary acts. But
such an approach precludes understanding how violence is a process
and is repetitive and systematic. However, theorists of violence Bruce
Lawrence and Aisha Karim write that ‘violence is always and every-
where process. As process, violence is cumulative and boundless. It
always spills over. It creates and recreates new norms of collective self-
understanding’. (Lawrence and Karim 2007, 12). Ironically, in focusing
on rape strictly as a momentary act of violence, Marcus gives more and
not less weight to the act, since whatever harm occurs must be located
precisely in that momentary act and not in systemic violence, such as in
subsequent treatment by the police or judiciary. Moreover, Marcus treats
rape or any other act of violence as if it could pass through the body and
exit, without considering its subjective and embodied meaning. In this
respect, her approach to violence is at odds with testimonies of torture
victims who write of the indelible character of torture. Jean Améry, a
survivor of Auschwitz, writes, ‘Whoever was tortured, stays tortured’
(Améry 1980/1999, 34). And Améry and Susan Brison – a philosopher
who herself was the victim of brutal rape and attempted murder – both
compare torture with rape (Brison 2002, 46; Améry 1980/1999, 28), as
destroying one’s trust in the world.
‘Not Just Victims ... But’ 185
The status of the term victim is debated in many other areas of political
violence, including post-Holocaust debates. Sociologist Jeffrey Alexander
characterizes US discourse about the Holocaust by the emergence in the
1970s of a narrative of a universal trauma-drama, in which ‘evil is inside
all of us in every society’ and ‘we are all the victims and all the perpetra-
tors’ (Alexander 2009, 35).4 And in former Eastern European countries,
many countries now vie for victim status as part of debates about the
crimes of Nazism and totalitarianism. While in recent post-Holocaust
debates one can observe a race towards identification with victim status,
in contemporary security discourses, the concept of the victim has virtu-
ally disappeared.5
Whereas the security discourse of the 1990s sought to justify the right
to intervene in the cause of global human rights victims, even at the
risk of undermining sovereignty claims (Chandler 2012, 222), the 2000s
have been characterized by a post-interventionist discourse framed by
the disappointments of the 1990s. Faced with the debacle of the image
of external humanitarian interveners protecting or saving non-Western
victims (Chandler 2012, 213), the post-interventionist debate embraces
the language of prevention, resilience and empowerment. An emphasis
on the bottom-up empowering of the vulnerable by strengthening their
186 Robin May Schott
Thus far I have traced how the concept of the victim has been framed
in Anglo-American feminist anti-rape debates and in recent security
debates. In both fields, though very different, one can trace the over-
arching negative assessment of the concept of victim, including its
occlusion in the face of contemporary social and political crises. And yet
the wide range of victim testimonies and literature makes evident that
victims are not responsible for the harms that befall them, and that they
are neither less nor more heroic than their fellow human beings. Should
one wish to develop a phenomenological analysis of victim testimonies,
as in Primo Levi’s and Jean Améry’s texts, one would discover quickly
that the ‘pathetic victim paradigm’ does not correspond to the lived
experiences of victims.
My goal here is not to argue that a theory of the concept of victim
should be identified with victim experiences. Joan Scott, in her pivotal
essay on ‘Experience’, argued compellingly against taking experience as
a foundational concept, as it is inscribed in an epistemology in which
knowledge is taken to be a ‘direct, unmediated apprehension of a world
of transparent objects’ (Scott 1992, 23). Instead, writing to historians
she argues that one needs to ‘take the emergence of concepts and iden-
tities as historical events in need of explanation’ (Scott 1992, 33). And
consequently, what counts as experience is ‘always contested, always
therefore political’ (Scott 1992, 37). Earlier, and in a Marxist frame of
reference, Max Horkheimer also contended that critical theory ‘runs
counter to prevailing habits of thought’ (Horkheimer 1972, 218). In his
classical essay “Traditional and Critical Theory,” he argues that the goal
of critical theory is to show the societal contradictions within historical
situations that are expressed in ideas, so that they can become ‘a force
within it to stimulate change’ (Horkheimer 1972, 215).
In pointing here to the genealogical transformations of the concept
of victim in these two arenas of discourse, I have problematized the
‘Not Just Victims ... But’ 189
concept of victim not to eliminate it, but to show its meaning and posi-
tion in relation to political debates about the relation between violence
to freedom. In the genealogies of the concept of victim, one discerns
an increasing marginalization of the concept of victim, despite increas-
ingly high levels of civilian victims in contemporary conflicts.10 One
can interpret this apparent disconnect between politics and the concept
of victim as an expression of a contradiction within the political that
frames these debates about the concept of victim. This discourse of the
victim is framed by the contradiction between freedom as a universal
potential and violence as a systemic harm affecting particular subjects,
undermining their possibilities for freedom.
To develop a critical theory of the victim, one might recall Herbert
Marcuse’s discussion of the dialectical nature of concepts: ‘all categories
that describe the given form of existence as historically mutable become
“ironic”: they contain their own negation’ (Marcuse, 1969, 86). If the
concept of victim, as I have suggested, is also a category that reflects
historical forms of political existence, then what would it mean to think
about the negation of the concept of the victim? One might object that
the very discourses that I have criticized have achieved such a nega-
tion, through the displacement, marginalization and elimination of the
concept of victim. In other words, the concept of victim, unlike the
concept of essence on which Marcuse focuses, seems to have no posi-
tive potentiality. However, this form of negation puts the obligation
of negation on victims themselves as individuals to effect a transfor-
mation of situation, perspective and category, instead of negating and
transforming the political, social and economic structures which make
certain kinds of subjects into victims.
In response to the need to pursue a transformative potential of theory,
there has been a recent interest amongst feminist theorists in developing
an ethics of vulnerability. In this context, vulnerability is no longer
viewed as a negative quality, as in liberal political theory, but becomes
the basis for developing a collective solidarity, a resource ‘to oppose
violence’ (Butler 2004, xix). For example, Judith Butler writes of grief as
returning us ‘to a sense of human vulnerability, to our collective respon-
sibility for the physical lives of others ... To foreclose that vulnerability, to
banish it, to make ourselves secure at the expense of every other human
consideration is to eradicate one of the most important resources from
which we must take our bearings and find our way’ (Butler 2004, 30). But
acknowledging the condition of vulnerability is not the same as making
a normative claim based on it. As Ann Murphy has argued, ‘a sense of
one’s own dispossession, availability to others, and vulnerability may
190 Robin May Schott
incite violence just as readily as it does empathy, care, or tolerance ... from
the perspective of ethics, there is no normative or prescriptive force to be
mined from these experiences’ (Murphy 2009, 56).
Instead of turning to an ethics of vulnerability to address the trans-
formative potential of theory, I suggest retaining the concept of victim
and mining it for its critical resources. The concept of victim points to a
contradiction at the heart of the political, a contradiction between the
potentiality of freedom and the harms of systemic violence. As a crit-
ical concept, it poses the question whether the contradiction between
freedom and violence is constitutive of the political or whether the
contradiction is contingent. Given the human conditions of finitude
and mortality, which Beauvoir highlights, and of natality and plurality,
which Arendt took as fundamental, one cannot eliminate human
vulnerability to loss or suffering due to illness, loss, accident or even
some instances of injustice. But it is decisive whether these forms of loss
are due to the contingency of events or to domination and systemic
violence. Walter Benjamin writes of the lawmaking character of violence
(Benjamin 1986, 300), and Arendt’s study of totalitarianism can be read
as political phenomenology which explores violence at the heart of
the political. These studies of the deep connections between violence
and the political suggest the following question: is violence constitu-
tive of the political, or can critical thinking contribute to developing a
political field that is not embedded in violence? This is the transforma-
tive demand placed by the critical concept of the victim: to eliminate
systemic violence. To ignore this critical concept in the midst of mass
political violence, to eliminate it from our political vocabulary through
the mantra of empowerment, not only risks revictimizing victims but
overlooks the opportunity to use this concept as an inverted looking
glass that opens up the discursive fields in which the terms victim and
vulnerability are used.
Conclusion
The mantra ‘not just victims ... but’ that has become common currency
amongst diplomats and politicians in addressing issues of gender and
security reiterates many of the problematic assumptions about the
concept of the victim that I have illustrated above. The phrase assumes
that violence is not an ongoing process but is a moment or event that
can be overcome with no lasting formative consequences for the indi-
vidual or for the political community. It assumes that the future can
be written on like an empty slate, echoing the assumptions of a liberal
‘Not Just Victims ... But’ 191
Notes
1. Diana Meyers writes of two victim paradigms, the ‘pathetic victim paradigm’
and the ‘heroic victim paradigm’, and argues that the innocence criteria for
both paradigms ‘are at odds with normal human impurity of motivation’
(Meyers 2011, 267).
2. Ann J. Cahill notes that, although Foucault’s position was remarkably similar
to current feminist wisdom, feminists responded very negatively to his claims.
‘Whereas feminist thinkers were seeking to purge rape of its sexual content
in order to render moot the legal question of victim (i.e., female) culpability,
Foucault viewed the desexualization of rape as a liberating blow against the
disciplining discourse that constructed sexuality as a means of social and
political power’ (Cahill 2001, 144).
3. Alcoff and Gray themselves insist on using the term ‘survivor’ rather than
victim, as survivors are victims who are empowered ‘to act constructively on
their own behalf’ and as the term victim has become caught up in the psychi-
atric establishment’s arguments about the ‘victim personality’ (Alcoff and
Gray 1993, p. 261). But in this way they reiterate the view that the concept of
victim is identified with powerlessness and psychiatric disorder.
4. This universalization of victim status should be contrasted with the argu-
ments put forth by Jean Améry, who maintained a victim perspective to retain
the ‘moral truth’ (Améry 1980/1999, 70) that the only way to make history
192 Robin May Schott
moral is through the ‘desire that time be turned back’ so that Hitler would
be disowned and the ignominy of this history would be eradicated (Améry
1980/1999, 78).
5. Limitations of space preclude a discussion of these complex and competing
debates about the Holocaust here. But it is important to note that this identi-
fication only began to emerge decades after the end of World War II, and that
identifying with the victim often involves abstracting from concrete events,
which jeopardizes the victim perspectives it purportedly embraces.
6. I adapt this phrase from my colleague Dorte Marie Søndergaard’s notion of
‘thinking technology’ that she developed in connection with the research
project ‘Exploring Bullying in Schools’ (eXbus) (Schott and Søngergaard,
forthcoming 2013).
7. This objection is raised to the insistence on using the language of ‘survivors’
rather than ‘victims’: what of the victims who do not survive (Nissim-Sabat
2009, 164)?
8. This term refers to debates about collective processes of memory, guilt and
reconciliation that developed in West Germany decades after the end of World
War II. A pivotal moment in the development of this memory culture was
German president Richard von Weizsäcker’s speech on May 8, 1985, in which
he said that the anniversary of the Nazi capitulation should henceforth be
known as liberation day, and all those who had lived during the Nazi period
should consider their personal responsibility for this catastrophe. The focus
on collective memory, linked with issues of justice and reconciliation after
conflict in countries including South Africa, Rwanda and Northern Ireland,
contrasts with a politics of forgetting that has been common following war
and atrocities.
9. This question is raised by Art Spiegelman’s Maus (Spiegelman, Penguin,
1973/1987).
10. In 2011, the United Nations Assistance Mission in Afghanistan reported
1,462 civilian deaths in a six-month period, a 15% increase over 2010 casu-
alties (Nichols 2011). The Iraq Body Count reports over 114,000 civilian
deaths from violence in the period 2003–2011. http://www.iraqbodycount.
org/ [Accessed 25 September 2012].
References
Alcoff, L. and Gray, L. 1993. ‘Survivor discourse: Transgression or recuperation?’,
Signs: Journal of Women in Culture and Society, 18(2), 260–290.
Alexander, J. C. 2009. Remembering the Holocaust: A Debate. With Martin Jay,
Bernhard Giesen, Michael Rothberg, Robert Mane, Nathan Glazer, Elihu and
Ruth Katz. Oxford: Oxford University Press.
Améry, J. 1980/1999. At the Mind’s Limits. Sidney Rosenfeld and Stella P. Rosenfeld
(trans.) London: Granta Books.
Arendt, H. 1963/1990. On Revolution. London: Penguin.
Arendt, H. 1951/1973. The Origins of Totalitarianism. New York: Harcourt, Brace
Jovanovich.
Atmore, C. 1999. ‘Victims, Backlash and Radical Feminist Theory’ in S. Lamb
(ed.) New Versions of Victims; Feminists Struggle with the Concept. New York and
London: New York University Press, 108–138.
‘Not Just Victims ... But’ 193
Introduction
Concepts are more important for what they do than for what they
mean. Their value lies in the way in which they are able to provide a
purchase for critical thought upon particular problems of the present.
(Rose 1999, 9)
197
198 Paul Reynolds
from the rational will and capacity to exercise that will free of interfer-
ence. As Gray (1983) observes,
results that are damaging to women and to the idea of justice.14 Rape law
has been an area of continual concern since the 1970s as women’s and
victim’s activism began to assert a case not represented adequately in
official statistics, that women were the victims of an unchecked epidemic
of male sexual violence. A number of high profile cases, notably R versus
Morgan fuelled a growing sense of public outrage that rape victims
find the judicial system focusing its investigation and deliberations
on the credibility of the victim rather than the offence of the male.15
The legal system invoked a ‘double jeopardy’ in which the victim of
rape was scrutinized for the veracity of her story, partly divined by the
women’s perceived character, evidenced by her sexual history, mode of
dress, social attitudes and prior communications, which were seen as
contextual to the offence. This approach to ‘proving’ the women’s case
gave rise to prejudicial judgements of credibility in questioning by the
police (at a time when specialist rape services and experienced officers
in rape cases were marginal and rare) and in the court, in which the
woman was the focus for defence council scrutiny, often at distressing
length and in distressing detail. At the same time, the male account
was subject to two defences. The first was the defence that the rape was
consenting. Since the law prior to the 2003 Act contained no defini-
tion of what consent might be, it created difficulties that played to the
idea of a ‘reasonable doubt’. This notion was often crudely applied.
Women who did not have substantial physical injury might have it
implied that they do not refuse sex, or it might be claimed that they
failed to adequately communicate their refusal if they had previously
been acquaintances or friends, or even had what might be regarded as
having had a ‘romantic’ assignation. Above that, men could reason-
ably claim mens rea, that they had a reasonable belief that the woman
consented. This ‘reasonable belief’, in the context of a heterosexual and
patriarchal sexual culture with sexual roles of masculine assertiveness/
initiative and feminine passivity/modesty, was almost always a high
standard to break down for prosecutors. The case of Morgan, in which a
group of men raped Morgan’s wife on his word that she would desire it,
and regardless of her protests, is instructive: whilst legal appeals against
a guilty verdict (rightly) failed, the defence of mens rea was specifically
supported as a credible one.
The Sexual Offences Act 2003 substantially rewrote British rape law
along the lines of the principle of ‘free agreement’ as an antidote to
this inbuilt bias (section 74). The intention of this legal change was to
reorient judicial judgement away from double jeopardy and towards a
more balanced consideration of both narratives presented. As such, there
Women’s Agency and the Fallacy of Autonomy 207
would be less focus on the woman’s sexual history, dress and conduct,
and more focus on the man’s explanation for how such a ‘miscommu-
nication’ took place, what he did to safeguard against such a ‘miscom-
munication’. Effectively, mens rea was required to explain why it was
that women could feel they had been raped if the terms of consent were
so evident to the man. This at least was the aspiration for the Act. To
that end, free agreement was central to the concept of consent in the
law (section 75–6).
Further, the evidential and conclusive presumptions to judging free
agreement were supposed to close some of the more offensive excep-
tions that had resulted in men’s successfully claiming they had presumed
consent from the situation of the sex act, which included violence or the
threat of violence to the victim or a third party (such as their child);
detainment; unconsciousness; lack of capacity (expressed as physical
disability); stupefaction (such as drink or drugs); deception; and imper-
sonation.16 In this respect, the law appeared to reinforce the feminist
criticism that the cultural constitution of gendered and sexual relations
placed constraints on women’s agency, if this was only partly recognized
by identifying common means by which men sought to legitimate or
excuse their abuse of women. The broader cultural factors of gendered
and sexual language, discourse, ideology and pathology and interper-
sonal and cultural contexts were beyond the cataloguing of coercive
factors because they were embedded within the practices of sexual
conduct recognized as between consenting and autonomous adults. In
the decade since the 2003 Act, the overwhelming body of research on
rape suggests that, however progressive in relation to what it replaced,
the law has not achieved its goal of diminishing rape and deterring
sexual violence.
There are a number of underlying causes for the failure of this change
in law to be effective, notwithstanding intrinsic problems such as the
failure of the legislation to be adequately operationalized in judicial
policy and guidelines. The legal change in the 2003 Act has not been
accompanied by effective or adequate attempts to use policy or discourse
to press for cultural change. Notwithstanding some ‘strong’ recent tele-
vision advertisements, such as a series showing a young man watching
in distress his own raping of a girlfriend, there have been insufficient
coordinated attempts to deconstruct traditional masculine constructs of
women as both contesting subjects to be acquired, seduced, ‘consented’
and won, and sex objects seen as an ensemble of parts rather than a
responsive agent who needs to be respected and negotiated with inter-
subjectively rather than moved from aim to consumption.
208 Paul Reynolds
Part of the problem lies with the nebulous notion of consent, which
is often presented as a process of free agreement, but which in cultural
contexts in which heteropatriarchal values prevail, is more assent or
acquiescence. The medico-moral discourses that have inhibited free and
careful verbal reflection and discourse between agents and replaced it
with euphemism, indistinct body language, self-conscious doubt as to
sexual norms and fetishized public discourse such as porn in which
women always want sex and can be degraded in that pursuit rob women
of power.17 Worse, as Foucault observes, normalization means that this
cultural imprint of femininity and the ‘normality’ of male sexual power
and women’s lesser power or choice, particularly in intimate contexts,
means that women will internalize their response in respect of giving
‘consent’ on perception of expectation, proper male assumption or
demand. This is not, in the cases in which consent is given, rape, but it
is hardly the basis for empowered, democratic and equal sexual relations.
Hence, consent is elastic and lacks a sense of distinct meaning, and is in
any case undermined by the constitutive power of discourses of heteropa-
triarchy, heteronormativity and gendered (masculine)-normativities.18
These are reflected in many of the feminist critiques of sexual consent
in heteropatriarchal societies and on the failures of rape law. At one end
of the spectrum of positions is MacKinnon’s (1989, 172–174) argument
that the sexual contract misrepresents women’s subjection to systematic
inequality, subjection and brutalization, with the result that rape is the
dominant use of women by men and that sexual consent in hetero-
sexual relationships is largely an extension of rape, as the choice implied
in consent is never freely available. Forced sex is a ‘normal’ part of sexu-
ality, rape is ‘indigenous, not exceptional, to women’s social condition’,
and the line between forced and unforced sex is increasingly difficult to
discern. In that context, MacKinnon argues that women’s eroticization
of what is their sexual subjection is unsurprising – ‘it beats being forced’
(ibid., 177). Shelia Jeffreys (1990) refines this analysis to see female
sexuality as socialized into a passivity to male desire with a masochistic
character, or as Mackinnon would have it, a desire of violation. Andrea
Dworkin (1981) echoes this concern in regarding heterosexual penetra-
tion as an act of possession. In these radical feminist accounts the idea
of women’s autonomy is a fiction perpetrated by and for the benefit of
men and as part of a vocabulary by which women’s sexual use can be
rationalized and normalized, or minimized and made exceptional in its
more violent manifestations.
There are problems with this position, such as the absence of recog-
nition of meaningful women’s agency and the denial of an agency in
Women’s Agency and the Fallacy of Autonomy 209
John Hoffman (2001, 6–9 and 23–26) has used the idea of a ‘momentum
concept’ to explain how some key concepts, equality, emancipation,
freedom and agency, are subject to constant reworking – or more
precisely remaking – and development as society develops culturally,
politically and materially. A concept like agency is dialectically consti-
tuted in its context – its particular historical and cultural articulation –
and in its transcontextual, conceptual ascriptions, which are abstract
in a general description and also trace the genealogy of the concept,
if it does not always expose that genealogy. Hence, often, the user of a
concept is confronted by its abstract usage as a building block of analysis
Women’s Agency and the Fallacy of Autonomy 211
and does not question how its underlying presumptions and genealogy
impregnate its contemporary meanings and uses. Such is autonomy,
which composes an understanding of the individual as being constituted
by the individual in society, with an eternal and universal abstraction
compromised by different and changing contexts in each conjuncture.
There is no momentum to autonomy.
Agency has momentum. Its core of a dialectic of constitutive and self-
constitutive processes requires that agency is considered in situ – context,
conjuncture and situatedness – and conditionally, so that agency is always
understood as interconnected with the conditions within which it is
conceived. Its abstraction is a signifier of this complexity, not a descriptor
of its quality and causality. The idea of the momentum of a concept in its
application to social subjects has two important benefits. It allows for the
complexity of changing social contexts, so that changes in law or domi-
nant discourse – as in rape law – are not presumed to change substantive
and experienced agency or to have the logical or reasoned approach that
might be mapped out for it. Second, it situates concepts in context, so
that they are never far from being returned to what they are purported
to describe and remade with social change. Hence, conceptually agents
will always be interrogated, and autonomous individuals are presupposed
before interrogation to have base qualities. As such, the latter have a life
beyond their situation. Autonomy is too embedded within the conceptual
language of philosophy and the social sciences not to signify important
meanings that have developed over time, but that conceptual constitution
will always be inferior to the notion of agency. This underlines the value
of Rose’s observation in the first quotation that opens this discussion.
The meanings of concepts are conditional upon their use and purchase.
The constitutive nature of agency meets this concern, whilst autonomy
retains a sense of impressing meaning beyond use or purchase.
The example of rape and sexual violence illustrates the bankruptcy
of a concept of autonomy that cannot relinquish a free rationality that
reflects the presence of men and the conditional absence of women.
The functional fiction of autonomy underpins conceptually the agonies
by which legal and judicial processes juggle their notion of individual
responsibility in such a way as to let dual pathologies or demonization
and diminution impact upon women. It is only with an agent sensi-
tive notion of rape and sexual violence that a viable understanding of
this problem is conceived. This would comprise: a pragmatic and inher-
ently political approach to how rape cases should be judicially managed,
beyond the failed ‘impartiality’ of law, to solve the epidemic of brutality;
the urgent need for social and cultural change to strike at the root of
212 Paul Reynolds
Notes
This chapter arises from a paper of the same title presented at the ‘Women and
Violence: The Agency of Victims and Perpetrators’ workshop held at the University
Women’s Agency and the Fallacy of Autonomy 213
1. For rehearsals of these conceptual debates, see indicatively Tong (2008) and
Nicholson (ed.) (1990).
2. Auto Nomos is often translated as ‘self rule’ or ‘self governance’, although the
Greek term Nomos describes law within a cultural context rather than simply
as abstractive rules and procedures.
3. On the concept of autonomy and its thick and thin notions, see Dworkin (1988).
4. See, indicatively, Antony and Witt (eds) (1993) and Lloyd (1993).
5. Philosophically, this sort of reasoning is best represented within contextu-
alism, see DeRose (1999); and politically and sociologically it appears in crit-
ical social sciences, such as Mills (1972) and Bourdieu and Waquant (1992).
It is not to be easily rolled into either relativism or postmodernism.
6. This is not to ignore the efforts of women authors like Elizabeth Barrett
Browning, George Eliot and Virginia Woolf, or activists like Millicent Garret
Fawcett, to both promote and build on Wollstonecraft’s writings and example.
See Gordon (2005) and Todd (2000).
7. For any reading of Mill, see the brilliant Reeves (2008).
8. The sexual contract is explored in Pateman (1988).
9. On the possessive individual, see MacPherson (1962).
10. Selectively, Foucault (2002a, 2002b, 2003).
11. Examples of the wide-ranging literature that explores these complexities
includes Heyes (2007), Crossley (2001) and Collins (1990).
12. See Harding (ed.) (2003) and Yuval Davis (2011).
13. In what follows, I use some rather dated texts to illustrate the discussion. This
is substantially because the positions have not changed substantially in the
last decade – exactly the impasse this chapter seeks to address. The discussion
of feminist theories that follows in relation to rape and consent draws on
Moore and Reynolds (2004).
14. The discussion here is focused on heterosexual rape. This is not to say that
women do not commit acts of sexual violence or that other forms of rape,
such as male rape, are not important. For the purposes of this discussion,
however, the focus is dictated by the distinctions between the different forms
of crime and the overwhelming volume of heterosexual rape, assault and
violence. There is a voluminous literature on rape, but indicatively, for an
overarching discussion, see Horvath and Brown (eds.) (2009); Kelly (2013);
Bourke (2008); and, whilst dated, Lees (1997).
15. On Morgan, see McGregor (2005); Cowling (1997); and Hinchliffe (2003).
16. See the relevant clauses of the Sexual Offences Act 2003, Sections 75 and 76
http://www.legislation.gov.uk/ukpga/2003/42/section/75 and http://www.
legislation.gov.uk/ukpga/2003/42/section/76.
17. See Mort (2000).
18. See Connell (1987, 2005); Haywood and Mac An Ghail (2003); and Mac An
Ghail (ed.) (1996).
19. See Archard (1998, 93); McIntosh (1992); and Segal (1994, 219).
20. Whilst it might be argued that same-sex relationships are not less likely
to have power inequalities and violent conduct, Pineau was exploring the
context of heteropatriarchal relations as producing ‘date rapes’.
214 Paul Reynolds
References
Antony, L. and Witt, C. (eds) 1993. A Mind of One’s Own: Feminist Essays on Reason
and Objectivity. Oxford: Westview Press.
Archard, D. 1998. Sexual Consent. Aldershot: Ashgate.
Berlin, I. 1969. ‘Two Concepts of Liberty’, in Four Essays on Liberty. Oxford: Oxford
University Press, 118–172.
Bourdieu, P. and Waquant, L. 1992. An Invitation to Reflexive Sociology. Cambridge:
Polity.
Bourke, J. 2008. Rape: A History from 1860 to the Present. London: Virago.
Carroll, L. 1872. Through the Looking-Glass Raleigh, NC: Hayes Barton Press.
Collins, P.H. 1990. Black Feminist Thought: Knowledge, Consciousness and the Politics
of Empowerment. London: Routledge.
Cook, K. 2003. ‘Rape Law, Consent @ Free Agreement: An Assessment of the Legal
Definition of Consent, in the Light of the Current Review of Sexual Offences
Law’, Contemporary Issues in Law, 6(1), 7–22. [Special issue on Rape, Law and
Consent]
Connell, R.W. 1987. Gender and Power: Society, the Person and Sexual Politics.
Cambridge: Polity Press.
Connell, R.W. 2005. Masculinities. Cambridge: Polity Press.
Cowling, M. 1997. Date Rape and Consent. Aldershot: Ashgate.
Crossley, N. 2001. The Social Body: Habit, The Social Body: Habit, Identity and Desire.
London: Sage.
DeRose, K. 1999. ‘Contextualism: An Explanation and Defence’ in John Greco and
Eric Sosa (eds.) The Blackwell Guide to Epistemology. Oxford: Blackwell, 187–205.
Dworkin, A. 1981. Pornography: Men Possessing Women. London: Women’s Press.
Dworkin, G. 1988. The Theory and Practice of Autonomy. Cambridge: Cambridge
University Press.
Foucault, M. 1980. Power/Knowledge: Selected Interviews 1972–1977. New York:
Pantheon.
Foucault, M. 2002a. The Archaeology of Knowledge. London: Routledge.
Foucault, M. 2002b. The Order of Things. London: Routledge.
Foucault, M. 2003. Society Must Be Defended. London: Allen Lane.
Gray, John. 1983. Mill on Liberty: A Defence. London: Routledge and Kegan Paul.
Gordon, L. 2005. Vindication: A Life of Mary Wollstonecraft. London: Virago.
Harding, S. (ed.) 2003. Feminist Standpoint Theory: A Reader. London: Routledge.
Hardy, T. 1994. The Mayor of Casterbridge. Hertfordshire: Wordsworth Editions.
Haywood, C. and Mac An Ghail, M. 2003. Men and Masculinities: Theory, Research
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Heyes, C. 2007. Self-Transformations: Foucault, Ethics and Normalised Bodies.
Oxford: Oxford University Press.
Hinchliffe, S. 2003. ‘Morgan Reviewed: In Defence of Freedom of Will’, Contempo-
rary Issues in Law, 6(1), 37–46. [Special issue on Rape, Law and Consent]
Hoffman, J. 2001. Gender and Sovereignty: Feminism, the State and International
Relations. London: Palgrave Macmillan.
Horvath, M. and Brown, J. (eds) 2009. Rape: Challenging Contemporary Thinking.
Devon: Willan.
Jeffreys, S. 1990. Anti-Climax: A Feminist Perspective on the Sexual Revolution.
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Women’s Agency and the Fallacy of Autonomy 215
Kant, I. 1996. Critique of Pure Reason. Werner Pluhar (trans.) Cambridge: Hackett
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Kant, I. 1997. Groundwork of a Metaphysics of Morals. Mary Gregor (ed.) Cambridge:
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12
What Is Violence?
Amanda Cawston
Introduction
216
What Is Violence? 217
into thinking we have solved the problem when in fact we have resolved
but one part of it. I aim to expand on Galtung’s worry and suggest that
the wrong definition of violence may mislead us into thinking we have
solved the problem when we have not solved it at all, but only effected a
superficial change in its appearance.
A poor definition of violence will be one that mistakes a contingent
property for a necessary feature of the underlying problem. Conversely,
a useful definition of violence is one that will point to the root of the
matter such that if we managed to ‘solve’ the problem it pointed to,
we could be confident that violence had truly been resolved. In what
follows, I evaluate three prevalent types of definitions of violence in
light of this worry, and argue that all three mistake contingent features
of violence for the fundamental problem. I then propose a fourth and
alternative definition that, in my view, avoids this mistake. I want to
suggest that a definition of violence that identifies a genuinely necessary
feature of the phenomenon is one that focuses on a particular attitude.
Acting violently
The first group of definitions characterize violent acts as those that are
performed in a certain way – specifically, actions that are done violently.
To act violently is to perform an action forcefully (Bäck 2004), with
suddenness or rapidity (MacCallum 2009), or in a way that is ‘like dealing
a blow’ (Coady 2008, 41). These ways of acting are of concern because
they often, if not always, are the cause of injury, damage and harm. An
example of this type of view comes from Robert Audi, who claims,
be intended (the foreseen effects, the direct act itself regardless of the
foreseen effects etc.). Regardless of these additional conditions, propo-
nents of this type of definition insist that the way of acting is a neces-
sary condition. As a result, certain ‘gentle’ or ‘non-forceful’ yet harmful
actions will not be classed as violence on this view. Audi, for example,
claims that murder by gassing or infection by deadly bacteria, while
clearly problematic acts, are not appropriately called violence. Similarly,
Coady claims that murder via slow poisoning over several years is not
violence. Moreover, harms that are the product of certain institutional
or political arrangements, termed ‘structural violence’ by competing
views, will be excluded on this definition as well.
I want to suggest that conceiving of violence as a way of acting focuses
our attention on a contingent feature. On this point, I follow John Harris
(1974, 1980), who stresses the important distinction between under-
standing our use of the term violence, and what he calls ‘the problem of
violence’. As Harris rightly notes, we are concerned with
Harris offers several examples of actions that need not be done violently,
but are the sorts of actions that seem to be clear cases of people inflicting
harm on each other in a way that is problematic and of obvious interest
to political philosophy. For example, rebels who poison a water supply,
or who lock residents in their homes and leave them to starve are not
acting violently in the sense Audi and Coady describe. But, Harris claims,
it is clear that these are fundamentally problematic acts. A group that
declared it would abandon the use of Audi-Coady style violence, but that
made use of these tactics, remains just as much of a concern for political
philosophy. The danger of identifying the problem of violence as a partic-
ular way of acting is that it leaves open, and perhaps even promotes,
the development of new techniques of inflicting damage and injury on
one another that avoid appearing as violence in this narrow sense. One
contemporary example of this effect can be found in the support for the
use of economic sanctions against a rogue state rather than traditional
military force.3 Touted as a tactic that stops short of violence, economic
sanctions can result in devastating harm and suffering that rivals the
injury done by traditional violence (see also Pontara 1978). The worry
220 Amanda Cawston
is that defining violence as acts that are ‘done violently’ will push us
towards this type of ‘solution’, a response that in my view (and that of
Harris) fails to qualify as a solution at all, but merely changes the way in
which we inflict harm on others.
Suffering
The second type of definitions follows naturally from the criticisms
raised above. They reject the requirement that violence be done violently,
focusing instead on identifying ‘what is left when we subtract a violent
act from an act of violence’ (Harris 1980, 14). For Harris, and others, the
relevant remainder is the suffering, harm or injury that we inflict on
each other.4 He offers the following definition: ‘An act of violence occurs
when injury or suffering is inflicted upon a person or persons by an
agent who knows (or ought reasonably to have known), that his actions
would result in the harm in question’ (Harris 1980, 19).
Definitions of this type focus on actions that are problematic in virtue
of their actual consequences, regardless of whether those consequences
are brought about directly through vigorous force, or indirectly through
controlled or collective action, or perhaps even through omissions
or failures to act. While harm and suffering are the central necessary
features of this type of view, they are again not sufficient for violence.
Proponents of this view want to distinguish between the accidental
and the intentional causing of harm, as well as between intentional but
well-meaning infliction of suffering (such as the pain caused by bene-
ficial surgery), and the malicious or negligent causing of harm. These
distinctions provide the criteria for additional necessary conditions that
supplement the core requirement of harm, suffering or injury.
A notable feature of this class of definitions is the tendency to argue
for rather expansive definitions of the key terms ‘harm’, ‘suffering’, and
‘injury’. Harris, for example, takes these to include ‘[w]rongful action
or treatment; violation or infringement of another’s rights; suffering
or mischief wilfully or unjustly inflicted ... Hurt or loss caused to or
sustained by a person ... harm, detriment, damage’ (Harris 1980, 20).
Holmes distinguishes between hurt (which includes pain, suffering, and
aguish) and harm, where ‘people have been harmed only if they have
been made worse off as a result of what is done to them’, which may
include instances of hurt, although not necessarily (Holmes 2009, 278).
These broad definitions of harm and suffering go beyond the simple
intuitive meaning of these terms (the experience of physical or psycho-
logical pain), and suggest that violations should also be classified as
harms – that someone is harmed by wrongful treatment or violation of
What Is Violence? 221
Violation
As we saw above, definitions of violence that focus on suffering in the
narrow sense push us towards unsatisfying responses to the problem,
leaving us with the broader interpretations of harm used or implied by
Harris, Galtung, Holmes and others. Importantly, this broader notion
of harm is not an extension of the concept of suffering, but a shift to
a different sort of wrong, that of violation (of a right). Some of these
broader notions directly reference the notion of violation, while others
implicitly rely on it. Newton Garver, for example, makes it explicit in
222 Amanda Cawston
considerations and that the act is therefore not a violation of that right.
These other considerations might include conflicts with rights of higher
priority, or perhaps the agent has legitimately consented to forego her
entitlement to the right, or finally, the agent might perform some other
action that constitutes forfeiture of that right.
One may reply that just because one can offer an argument that
tries to show why an agent is not entitled to a particular right does not
mean the argument succeeds and that a violation has not occurred.
While I agree with this point in principle, I think we have reason to
be sceptical of our ability to avoid such moves. As political philoso-
phers are keenly aware, the needs, interests, desires and rights of agents
living in society necessarily conflict, meaning the goal of instantiating
the ideal that ‘[e]ach person has the same indefeasible claim to a fully
adequate scheme of equal basic liberties, which scheme is compatible
with the same scheme of liberties for all’ (Rawls 2001, 42) requires
determining priorities and specifying the mechanisms by which we
endorse some rights over others. Entangled then, as rights-based theo-
rists must be, in the project of balancing, prioritizing and denying
rights, I fear the potential for abuse is high. We have in the past
made use of the language and theory of rights, to excuse all manner
of offences and to dissolve their status as violations. Slaves could be
‘owned’ and mistreated as they were not thought entitled to the same
personal rights that slave owners were. Marital rape was not considered
a violation until fairly recently, as marriage was thought to constitute
consent to all future sexual activity.9 Children were not thought enti-
tled to rights that would prohibit corporal punishment, either from
parents or schoolteachers. While our modern views on these issues
have, thankfully, changed, contemporary examples of a similar nature
abound. The rights that refugees, immigrants or other non-citizens
enjoy are minimal, and offer a modern example of the urge to assign
rights by group membership, as does the case of non-human animals,
mentioned previously, criminals and those deemed to have intellectual
disabilities. In light of this troubling historical track record and the
lack of evidence for the belief that modern philosophers are somehow
less biased or entangled than our predecessors, I think there is good
reason to doubt the ability of violation accounts to guide us towards
genuine solutions to violence.
Violence as an Attitude
Focusing on the above issue regarding violation accounts provides
the beginnings of an alternative definition of violence. Violation
224 Amanda Cawston
a further point, that it is not only the malicious and greedy attitudes of
murderers and thieves that are of concern, but the egoism that makes an
appearance in all of our lives that represents the problem.
It is important to note that a conception of violence as an attitude is
not wholly distinct from actions. Actions, and their results are, of course,
the most salient and confronting aspect of this topic. And there is an
obvious and familiar connection between particular attitudes and the
kinds of actions in which they result. It is crucial, however, to recognize
that these familiar connections are not necessary and that an attitude
may be expressed in other ways than we are accustomed to. Furthermore,
attitudes can be expressed in individual actions as well as those that are
part of institutional arrangements. An attitude-based account will there-
fore include the paradigmatic direct and personal acts of violence of tradi-
tional definitions as well as so-called ‘structural violence’, in which egoistic
attitudes are expressed via sociopolitical or economic institutions.
This is a preliminary pass at identifying the attitude at issue, and not
to be taken as comprehensive. But it is specific enough for our present
discussion. I think it is clear that if we managed to ‘solve’ the problem
of egoistic attitudes, in the variety of forms it may take, we could be
confident that we had solved the problem of violence.
Pornography
Few who write about pornography refer to it as violence. Those who do,
for example, Andrea Dworkin (1981), have been criticized for misap-
plying the term for dramatic effect, unhelpfully misdirecting the debate
and alienating potential supporters. The worry is that the term has been
used metaphorically, perhaps belittling the suffering experienced by
those victims of ‘real’ violence, and accusing the consumers of pornog-
raphy of a worse offence than is justified. It is my view that pornography
226 Amanda Cawston
Approaches to feminism
I wish to turn now to a more general discussion on what some of the
further implications of this view of violence are for feminism and femi-
nist philosophy. These remarks are intended to be simple preliminary
thoughts and suggestions of avenues of further study rather than final
conclusions on the matter. Furthermore, the general thought behind
these suggestions is not necessarily new, having been raised by many
others, although with different fields of interest in mind and starting
from different issues. Firstly, I want to draw attention to the point that,
while the conception of violence as an attitude allows us to describe
and conceive of several practices as violence that are not traditionally
seen as violence (for instance, pornography), this result cuts both ways,
and may require us to re-examine certain feminist practices, aims and
projects in a critical light. For example, a feminism that aims simply to
acquire an equal share of the currently male dominated and violence-
dependent pie will merely shift the burden of violence. This will likely
lend support for a radical feminism over a reformist, liberal feminism at
least with respect to issues of economic justice.
A critical examination of traditional feminist aims may also support
a more radical approach with respect to the range of issues that are
considered relevant. We should be wary of the potentially egoistic
suggestion that feminism can justifiably focus only on issues of women’s
oppression or exploitation, leaving other issues ‘aside for now’. As Carol
Adams and Josephine Donovan write in support of a feminist connec-
tion with animal ethics, ‘we believe that women, as themselves victims
What Is Violence? 229
Notes
This chapter is a revised version of a talk presented at the ‘Women and Violence:
The Agency of Victims and Perpetrators’ workshop at the University of Birmingham
on 17 June 2011, organized by Herjeet Marway and Heather Widdows, and was
the subject of a November 2011 session of the Workshop in Political Philosophy
at the University of Cambridge, organized by Clare Chambers. I am grateful for
the comments offered by these workshop participants as well as the suggestions
and assistance given by Raymond Geuss, Hallvard Lillehammer and Nathan
Wildman.
230 Amanda Cawston
References
Adams, C.J. 2010. The Sexual Politics of Meat: A Feminist-Vegetarian Critical Theory,
20th anniversary edition. London: Continuum.
Audi, R. 2009. ‘On the Meaning and Justification of Violence’ in V. Bufacchi (ed.)
Violence: A Philosophical Anthology. Basingstoke: Palgrave Macmillan, 136–167.
Back, A. 2004. ‘Thinking clearly about violence’, Philosophical Studies: An
International Journal for Philosophy in the Analytic Tradition, 117(1), 219–230.
Coady, C.A.J. 2008. Morality and Political Violence. New York: Cambridge University
Press.
Dworkin, A. 1981. ‘Pornography’s Part in Sexual Violence’, Letter from a War
Zone: Writings 1976–1989. Available at: http://www.nostatusquo.com/ACLU/
dworkin/WarZoneChaptIVC.html [Accessed July 2, 2012].
Dworkin, R. 1981. ‘Is there a right to pornography?’, Oxford Journal of Legal
Studies, 1(2), 177–212.
Galtung, J. 1969. ‘Violence, peace, and peace research’, Journal of Peace Research,
6(3), 167–191.
Gandhi, M.K. 1948. Non-violence in Peace & War. 3rd edn. Ahmedabad: Navjivan
Publishing House.
Garver, N. 1971. ‘What Violence Is’ in J. Rachels (ed.) Moral Problems. New York:
Harper & Row, 243–249.
Gert, B. 1969. ‘Justifying violence’, The Journal of Philosophy, 66(19), 616–628.
Harris, J. 1980. Violence and Responsibility. London: Routledge and Kegan Paul.
Holmes, R.L. 2009. ‘Violence and the Perspective of Morality’ in V. Bufacchi (ed.)
Violence: A Philosophical Anthology. Basingstoke: Palgrave Macmillan, 267–293.
Honderich, T. 1973. ‘Democratic violence’, Philosophy and Public Affairs, 2(2),
190–214.
Langton, R. 1993. ‘Speech acts and unspeakable acts’, Philosophy & Public Affairs,
22(4), 293–330.
MacCallum, G.C. 2009. ‘What Is Wrong with Violence’ in V. Bufacchi (ed.)Violence:
A Philosophical Anthology. Basingstoke: Palgrave Macmillan, 112–130.
MacKinnon, C. and Dworkin, A. (eds.) 1997. In Harm’s Way: The Pornography Civil
Rights Hearings. Cambridge, MA: Harvard University Press.
Pontara, G. 1978. ‘The concept of violence’, Journal of Peace Research, 15(1), 19–32.
Rawls, J. 2001. Justice as Fairness: A Restatement. E. Kelly (ed.) Cambridge, MA,
London: Harvard University Press.
13
Ontology, Freedom and the Body
That Can Birth
Alison Assiter
Introduction
232
Ontology, Freedom and the Body That Can Birth 233
Background: Irigaray
Jones’ reading, suggests that the subject, in Descartes, becomes its own
‘other’ ‘in such a way that it gives symbolic birth to itself’ (100). Irigaray
borrows from Descartes’ Optics, and the title of her chapter in Speculum
(1985) on Descartes, ‘And the Eye of a Man Recently Dead’, is derived
from an experiment in this work.
I will begin the next section by outlining, briefly, Irigaray’s perspective
on Kant.
Irigaray on Kant
Irigaray, reading Kant, suggests that, although the subject, for him, is
active in constituting knowledge, it must be given the matter of sensa-
tion if it is to process this into form. The subject is dependent on this
outer matter. Until it is organized by the forms – space and time and the
Categories – this matter is chaotic and disorganized. Moreover, nature,
for Kant, is specularized. It is nature as ‘seen’ by the mind. There is a
similarity, then, for Irigaray, between Descartes and Kant. Descartes sepa-
rates the thinking ‘I’ from any materiality, but so too is the Kantian self
constructed against a chaotic matter that it orders into objects. The self
is founded, indeed, on a ‘bottomless abyss’, a ‘dark sea without shores or
lighthouses’1 (Kant 1912, 65–66).
I would like to move, now, to consider the implications of this reading
of Kant, albeit briefly outlined, for his view of freedom and specifically
the freedom to do wrong. This, as has been noted, as will be discussed
below, is a problem for Kant. I will look at three ways of conceiving of
the relation between freedom and the moral law, and consider prob-
lems with each of them, but also examine each in the light of Irigaray’s
reading.
to act from the moral law, and one of Kant’s arguments against suicide
is precisely that it prevents the person from continuing to act as an
autonomous and free agent.
Once again, though, construing this through the Irigarayan lens,
we have a kind of double reversal. Instead of noting the source of
freedom in the natural being, in what Irigaray calls a ‘sensible transcen-
dental’ (1993, 32), Kant locates the ground of freedom in some being
conceived by analogy with ourselves as purely rational beings. This is
now a perfectly rational being that grounds, or ‘gives birth to’, our moral
capacity. So the grounding of nature, rather than being within nature,
is displaced onto some perfectly rational being that lies outside nature.
Then, in parallel, since it is clearly much harder to place the capacity for
wrongdoing into this rational nature, there has to be some perfectly evil
being – the counterpoint or the mirror image of the perfectly rational
being. Both lie outside nature. But is it not perfectly possible, without
these contortions, for nature to operate as itself the ground? I will return
to this point.
A third interpretation I would like to consider is the following: Kant
sometimes hypothesizes an inner self – a ‘disposition’ that ‘chooses’, on
certain occasions, to subordinate the moral law to something else. In
RA, he gives a number of possible readings, compatible with this inter-
pretation, of what happens when a person does wrong. For example,
he writes, ‘the ground of evil cannot lie in any object determining the
power of choice through inclination, not in any natural impulses but
only in a rule that the power of choice itself produces for the exercise of
its freedom i.e. in a maxim’ (1960, 6: 21).
A number of contemporary commentators have offered alternative
interpretations of freely doing wrong for Kant that fit with this notion
of a ‘disposition’ to choose a maxim. Michalson calls this a ‘disposition’
to subordinate, within a maxim, the moral law to some sensuous incli-
nation (1990, 41).10 So the account of freely doing wrong, then, involves
this ‘disposition’ to choose a maxim. Sometimes the will may choose a
maxim that conflicts with the moral law.
Now we have a further level of distortion. Instead of being shaped
by internal material forces that might sometimes be forces that lead to
good and sometimes not, we have a further causally efficacious mental
element – a disposition to choose a causally active rational self or to
choose to subordinate this causally active self to a sensuous capacity.
Allen Wood, for example, suggests that freedom is the capacity to act
according to rational norms. He claims that, in acting freely, the agent
is acting from a special kind of causality. A will acts not only according
238 Alison Assiter
to laws but also ‘according to their representation’ (1999, 172). The law
of a free cause must be one ‘it represents to itself’. The free self, on this
reading, is a ‘disposition’ to choose some law.
Once again, though, this involves attributing causation to some kind
of mental faculty that is characterized now by means of a further layer of
mirroring – the self does not only act from laws but from the representa-
tion of laws. Then if it makes a mistake, does it act from a representation
of a representation?
In his third Critique, Kant sets out to unite ‘the immense gulf between
nature and freedom’ (1987, 175–176). The work is concerned with tele-
ological judgments or maxims describing how we ought to judge nature.
For Kant, a thing is a natural purpose ‘if it is both cause and effect of
itself’ (370). In the case of natural purposes, the parts depend upon the
whole. A tree, for example, is self-organizing in three ways: (1) the tree
produces itself in relation to its species: ‘within its species, it is both
cause and effect’ (371); (2) the nourishment taken in by the tree enables
its development; and (3) the various components of the tree depend on
and link with one another.
For Kant, though, the ultimate purpose is ‘man’. Man is a natural
purpose, although he is not really this – we judge reflectively that this
is what he is; we judge him as though he is purposive. For Kant, ‘purpo-
siveness is a reflective judgment; not a constitutive concept of experi-
ence’ (400). In other words, by means of double reflections, not only
is nature not itself purposive but rather the ultimate purposiveness is
‘man’. Again, in a further reversal, it is only that we have to suppose, for
the understanding of morality, ‘man’ to be the ultimate purpose. ‘Man’
is the purpose against which we judge the purposiveness of everything
else. Kant writes that ‘man is the only being on earth that has under-
standing and hence an ability to set himself limited purposes of his own
choice, and in this respect he holds himself lord of nature; and if we
regard nature as a teleological system then it is man’s vocation to be the
ultimate purpose of nature, but always subject to a condition; he must
have the understanding and the will to give both nature and himself
reference to a purpose that can be independent of nature, self sufficient
and a final purpose’ (318).
Once again, we have a reversal of actual purposiveness in nature onto
a perfectly rational will and a further reversal of the process of birth from
a mother onto a ‘lord’ of nature who becomes the ultimate purpose, so
long as he uses his understanding and his will effectively.
Elsewhere in the third Critique, Kant offers a completely different
picture. There is a section that is usually disregarded in the commentaries,
Ontology, Freedom and the Body That Can Birth 239
has it deal with substantial bodies dependent upon external forces for
change. Yet Sir Isaac Newton himself found it difficult, within his frame-
work, to account for the force of gravity.11
But the second reason has to do, surely, with Kant’s view of women
and his picture of the nature of inner bodily space. Christine Battersby
has pointed out how difficult it is for Kant, on his view of the nature
of space and time and of matter, to account even for his own inner
bodily space, let alone for that of a body that is capable of giving birth.
Knowledge of things in space involve ‘outer sense’, and knowledge of
outer sense is knowledge of something other than the ‘I’. Time is the
form of inner sense. So, as Battersby puts it, ‘Kant needs a body in order
to be a self; but the body he needs is neither self nor not self’ (1998, 70).
Of course, this ‘inner bodily space’ includes the ‘purposiveness’ of the
female body in producing another self from within itself. The capacity of
a body to ‘birth’, therefore, is inexplicable because it is literally outside
(actually ‘inside’) his view of space.
Moreover, women, for Kant, are refused the kind of personhood
that entails free will and pure rationality. Women are fully animal and
human. However, frequently they are denied the status of ‘persons’ in
the sense of being full moral agents. They are grouped together with
‘domestic servants, apprentices, hairdressers and other “passive” citi-
zens’ (Kant 1797, 7: 209, 79–80, in Battersby, 64). They therefore cannot
have the ‘active’ thinking capacity that goes along with being a person.
(7: 355). Rather than defending this view about the whole of Western
philosophy, I would like briefly to outline his argument and from this,
offer a reading of Kierkegaard’s CA. ‘The Freiheitsschrift presents an active
process ontology that, significantly, “precedes our thinking of it”’ (7:
421). In other words, there is Being before thought. Each activity can
be depicted in terms of ground and consequent, and this distinction,
in turn, underpins Schelling’s system. Every organic being is dependent
upon another with respect to its genesis. As Iain Hamilton Grant has put
it, ‘nature itself must furnish the only possible basis for a philosophy of
freedom’ (2008, 5). Philosophy can offer a natural history of our mind.
In another paper (2013), I argued that Kant cannot explain the origin
of evil – he argues that the story of Adam and Eve cannot do this, for
either Adam is outside history and therefore his action cannot explain
‘sin’ in the rest of us or he is inside history, in which case his sin is
just like ours. This, I suggested, is linked with the difficulty he has of
explaining how it is possible freely to do wrong. I would like, now, to
suggest how Kierkegaard can partially overcome these difficulties.
Kierkegaard’s CA is influenced both by Schelling’s Freiheitsschrift and
by Kant’s RA.13 In CA, Haufniensis is concerned with freedom – under-
stood as the capacity for both good and evil, and with the origin of this
notion. He writes that the difficulty for the understanding – I read this
as Kantian reason – is ‘that sin presupposes itself’ (1980, 32). With his
brilliant wit and prose, Kierkegaard compares Kant’s claims about Adam
to the counting rhyme in which children delight: ‘one tennis ball; two
tennis balls ... up to nine ... and tennis balls’ (ibid.).
Instead, Kierkegaard writes, ‘by the first sin, sinfulness came into Adam’
(1980, my italics). The position is the same, indeed, for every other
human being. The concepts with which Kantian speculative reason
deals, belong in logic, whilst the notion of sin lies in ethics. Putting
Kierkegaard into my words, then, when a concept in logic is negated,
the original concept is cancelled. Innocence, however, is a natural state
of the natural being that may continue in existence. Innocence is igno-
rance. One can, according to Kierkegaard, no more give a psychological
explanation of the Fall than one can give a logical or a mechanical causal
explanation. But one can offer another kind of causal account.
Kierkegaard’s account, I believe, can be reconstructed to run as follows:
in the biblical story, Adam, existing as a natural being, in a world of
similarly constituted natural beings, existed. But Adam was neither
free nor not free. Adam had no awareness of the possibility of choice.
Eve – in some way a derived person – came into being later. She, via the
serpent, seduced Adam. At that point, Adam became aware, through
242 Alison Assiter
sensuality, of good and evil. By the first sin, sinfulness, or the capacity
to reflect on our passions and desires and to enact some and not others –
in other words, freedom – came into Adam. Adam may have existed
alongside other natural objects with their powers and capacities. These
natural objects possessed powers and capacities that were akin to our
human conceptual apparatus, but they were also different. The natural
objects existing alongside Adam were not, in other words, purely inert
mechanical things.
Importantly, though, Haufniensis writes, in CA, ‘woman is more
sensuous than man’ (64) and that he is ‘introducing her in her ideal
aspect which is procreation’ (65). Might not it therefore be appropriate
that ‘sin’, or the capacity to be aware of right and wrong, came first into
Eve, rather than Adam? It would be appropriate, both because she is
‘more sensuous’ and therefore more anxious than man, and also, more
importantly, because she has the capacity, or potency, to give birth.
Indeed, perhaps it is because of the latter that she is the former. It is
well known that this greater degree of anxiety, for Haufniesis, signifies
strength rather than weakness.
For Kant, nature could not function as a causal ground of freedom
for two reasons. Firstly, phenomenal nature is set up in opposition to
freedom. Secondly, for Kant, nature is co-extensive with the phenom-
enal experience of rational and finite beings. But, for Kierkegaard, nature
can function as the causal ground of freedom, for natural beings might
both pre-exist, in a temporal sense, and exist in a spatial sense outside
the domain of limited and finite natural and rational beings. Adam and
Eve, to reiterate, may have been simply part of a pre-existing nature.
Their existence in this fashion fits with a metaphysic which has nature
operating as the ground of human action. An active nature, with powers
and capacities, on this account, pre-exists human reflective capacity.
Adam and Eve, then, on this reading, existed and acted, but in blissful
innocence of what they were doing.
The reading I am offering of the Eve story fits with a Schellingian-
inspired influence on Kierkegaard. It is consistent with a picture
according to which ‘matter itself becomes, in some manner difficult
to conceive, capable of participation in the form of the understanding’
(Grant 2006, 37). For Schelling, ‘subjectivity arises in nature’ (ibid.,
162).14 In Ages of the World (2000), Schelling writes, ‘necessity is before
freedom’ (44). For Schelling, human beings are derived creatures,
emanating from a pantheistic Absolute, which can be construed as God
or Nature. But Schelling’s nature is a living nature; it is an active and
dynamic nature.
Ontology, Freedom and the Body That Can Birth 243
more sensuous being, by contrast, is the more anxious and the closer to
the ‘real’ human being. ‘The more anxiety, the more sensuousness’ and
‘in the moment of conception, spirit is furthest away and therefore the
anxiety is the greatest’ (72).
Conclusion
Notes
Some of the material in this chapter also appears in a different form in Alison
Assiter (2015) Kierkegaard, Eve and Metaphors of Birth, Rowman and Littlefield.
he also thought that there must be room for a form of spontaneous, non-
phenomenal causation, for moral and rational beings.
3. C.C. E. Schmid, Versuch Einder Moralphilosophie, (Jena: Crocker, 1790,
quoted in Kosch, p. 50–2.
4. Paul Guyer notes that ‘there are numerous passages in the second Critique that
suggest that, as in the Groundwork, Kant still conceives of the moral law as the
causal law of the noumenal will ... The possibility – in these circumstances – of
freely chosen immoral actions remains inconceivable’ (2006, 225–6).
5. This problem may befall all attempts to argue that reasons can be causes. See
M. Kosch (2006) note 13, 52, and also A. Wood (1999).
6. I. Kant, Gesammelte Schriften, 5 (1902) 444 (AK).
7. See G. Banham (2006), chapter 5, for a discussion of this.
8. Appears in RA (1960) as ‘a spirit of an originally loftier destiny’.
9. A contemporary and revised account of Kant and the diabolical, which paral-
lels this point, is offered by Alenka Zupancic (2000). She argues that if there
are actions that satisfy some sensuous desires but that also lead to the end of
desire, then they are, in some sense, carried out from the moral law. If, for
example, someone chose, knowingly, to satisfy their desires to the point of
death, then that would involve them in choosing to act in such a way that
they would no longer be able to desire at all. Effectively, Zupancic argues,
insofar as devilishness involves the application of a maxim, then this is
equivalent to the moral law, since adopting opposition to the moral law as
itself a maxim is equivalent to the moral law. Nothing, on her reading, can
become a maxim that one ought to follow, except the moral law. But also
opposition to the moral law in the end – if it is diabolical – would be the
moral law itself. It is the moral law, because the moral law is defined as that
which commands without saying why it commands.
10. I find something like this interpretation also in Alenka Zupancic (2000),
and Michalson (1990); Korsgaard (1996); O’Neill (1989); and Allison (1991).
Allison suggests that the Gesinnung is the practical counterpart of the tran-
scendental unity of apperception (208). Is there not, however, as Zupancic
claims, a difference between the Gesinnung and the active choice of disposi-
tion? (37). Zupancic argues that the Gesinnung is the ‘blind spot’ that sepa-
rates the phenomenal from the noumenal (ibid.).
11. See Newton (2004).
12. See my paper (2012), and also Kosch (2006).
13. See Green (1992).
14. I discuss the influence of Schelling on Kierkegaard in more detail in Assiter
(2012).
15. I would like to mention two of our undergraduate students, Heather Nunney
Boden and Rosie Massey, who carried out, for their UG dissertations, some
very interesting work on this.
References
Allison, H. 1991. Kant’s Theory of Freedom. Cambridge: Cambridge University
Press.
Assiter, A. Forthcoming. ‘The upbuilding discourses’ and the ‘Ground of morality’,
Acta Kierkegaardiana.
248 Alison Assiter
abortion, 66n3, 97, 117, 157 binary, 3, 113, 124, 166, 173, 198–9,
Adam and Eve, 241–2, 244–5 244
Adorno, Theodor, 149 characterization of levels of, 125n11
affect regulation, 76, 77, 79–80 content-neutral conditions, 66n6,
Afghanistan, 124n6, 178–9, 192n10 96, 110, 114–21, 123–4
African National Congress (ANC), decision-making, 114–19
107n11 extending substantive condition,
Agamben, Giorgio, 153, 160 99–101
agency female suicide bombers, 91–4, 96,
autonomy, and women, 210–12 98, 100–101, 113–24
case of rape and sexual violence, ground clearing, 94–6, 212
205–10 judgments about, 103–6, 108n12
choice and self-governance, mental capability, 57
199–200 political, 95, 101
denial of, 130, 133 208–9 problem with, 202–5
empowerment, 179, 185–8, 190–1 rape and sexual violence, 205–10
feminism in digital world, 170–4 rape threatening, 15–20
feminist debates on, and self-governance and choice, 198–9
prostitution, 53–6 self-worth and self-trust, 87–8n14
lacking in prostitution, 57–61 substantive conditions,7, 91–2,
self-harm, 82–4 97–9, 100, 114–19
see also victim True and the Good, 115, 120, 122,
Agustin, Laura, 65–6n3 125n12
Akin, Todd, 132 women, 30–1n13, 200–202, 210–12
Al-Aqsa Martyr’s Brigade, 92 worries for substantive conditions
Alexander, Jeffrey, 185 for, 101–6, 116–19, 120–4
Alonzo, Elena, 5, 6, 34
Améry, Jean, 184, 186, 188, 191–2n4 Battersby, Christine, 240
Anderson, Michelle, 137–40 Bech, Gitte Lillelund, 178
anger, validation and tolerance of, Benjamin, Walter, 190
85–6 Berlin, Isaiah, 34, 36
anti-liberalism, 146, 148, 156, 158–9 Brecher, Bob, 5, 8, 145
anti-Semitism, 148–9 Brison, Susan, 17, 18, 21, 31n15,
Archard, David, 131, 133, 136 31n17, 184
Arendt, Hannah, 179, 190 Brøgger, Suzanne, 154
Assiter, Alison, 5, 9–10, 146, 232 Brown, Beverley, 151
attitude, violence as, 216, 218, 223–5 Brown, Wendy, 181, 185
Australian Research Centre in Sex, Browning, Elizabeth Barrett, 213n6
Health & Society, 26 Brownmiller, Susan, 182–184
autonomy, 7, 95 Burgess-Jackson, Keith, 17, 20
adequacy of options, 58 bystanders, men as, 26, 32n26
agency and, 199–200, 210–12
amounts of (degrees), 119–24, 202 Cahill, Anne J., 17, 21, 30n8, 191n2
251
252 Index