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10 Crim. L. & Phil. 1 (2016)

handle is hein.journals/crimlpy10 and id is 1 raw text is: Crim Law and Philos (2016) 10:1-16 DOI 10.1007/s11572-013-9290-1 CossMark Nussbaum on Sexual Instrumentalization Michael Plaxton Published online: 9 January 2014 © Springer Science+Business Media Dordrecht 2014 Abstract In The Wrongness of Rape, Gardner and Shute argued that the English offence of rape primarily targets the wrong of objectification. They tie objectification closely to instrumentalization-to the conversion of subjects into instruments or tools. In doing so, they explicitly purport to follow Nussbaum's understanding of what is morally problematic about objectification. In this paper, I want to explore more closely just what Nussbaum understands by instrumentalization, focusing in particular upon the meaning and role of mutuality in her analysis. Doing so gives us insight into why sexual touching in three broad contexts may not be considered instances of instrumentalization: spontaneous sexual touching in a romantic context; non-spontaneous sexual touching in the context of intimate relationships; and prostitution. The last point may be most controversial given Gardner and Shute's own stated view that prostitution involves instrumentalization. Even when we look to sexual touching in intimate relationships, however, Nussbaum seems to introduce ideas of implied consent that appear nowhere in Gardner and Shute's paper. Keywords John Gardner - Stephen Shute - Martha Nussbaum - Rape Objectification - Instrumentalization - Prostitution Introduction In The Wrongness of Rape, Gardner and Shute argued that the English offence of rape primarily targets the wrong of objectification.' As they put it: That a rapist objectifies his John Gardner and Stephen Shute, The Wrongness of Rape in Jeremy Horder, ed., Oxford Essays in Jurisprudence, Fourth Series (Oxford 2000). The paper has been reproduced in John Gardner, Offences and Defences: Essays in the Philosophy of Criminal Law (Oxford 2007). See also Carolyn M. Shafer and Marilyn Frye, Rape and Respect in Mary Vetterling-Braggin, Frederick A. Elliston, and Jane English, eds., Feminism and Philosophy (Littlefield, Adams & Co., 1977). M. Plaxton (E) College of Law, University of Saskatchewan, 15 Campus Dr, Saskatoon, SK S7N5A6, Canada e-mail: michael.plaxton@usask.ca Springer

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