Understanding Sexual Phronesis: Exploring Open Concepts and Analogy in the Context of Rape

Sexual Phronesis(revised 2019)http://lafavephilosophy.x10host.com/index.htmlSandy LaFave, Ph. D.

Summary of the Talk • PART I: Logical tools assumed in this talk: • Open vs closed concepts • Argument by analogy • PART 2: Aristotle and the Golden Mean • Rape is a vicious act – Aristotle would not approve. • Phronesis is what enables a person to discern the Mean, i.e., to see the relevant similarities and differences between paradigms and problematic cases. • PART 3: “Person” is an open concept. • Patriarchy views men as the only full persons with full moral rights and duties. • Because patriarchy does not view women as full persons, societies have failed to grasp the full moral gravity of rape. • PART 4: Should date rape count as RAPE!? • Using argument by analogy, we can conclude that there are enough important differences between date rape and the paradigm of rape (RAPE!) to question whether date rape should count as rape. • Sexual phronesis should enable a man or woman to tell the difference between RAPE! and date rape.

PART I: Logical tools assumed in this talk: • Open vs closed concepts • Argument by analogy

Open concepts Terms are words or phrases that designate classes. General terms designate classes with more than one member, e.g., common nouns such as “book” or “tree.” The denotation (aka “reference” or “extension”) of a term is, for general terms, the class of things in the world to which the term correctly applies. For example, the denotation of the term “book” is all the books.

The connotation (aka “sense,” “intension,” “real definition”) of a term is the list of membership conditions for the denotation. Note this sense of “connotation” differs from the literary sense. The connotation of the general term “square” is “rectangular and equilateral.” The denotation of the general term “square” is all squares.

A closed concept is one for which it is possible to specify the connotation precisely. The concept “square” is closed. The set of squares (the denotation of “square”) has two membership conditions: to be a square an object must be (1) equilateral and (2) rectangular. For something to be in the set of things denoted by the word “square,” it must satisfy both conditions; in other words, it must be both equilateral and rectangular.

If a concept X is closed, the Venn diagram for it contains all the members of the denotation of X and only members of the denotation of X. All and only X Everything else In other words, everything else in the universe is outside. The Law of the Excluded Middle applies here: For anything at all, it is either in the circle or outside the circle. Closed concepts exist in a priori realms such as math and logic. Plato and the rationalists think math is the best kind of knowledge.

The Universe n non-squares All squares and only squares Rigid boundary CLOSED CONCEPT

The rationalist tradition in philosophy admired math and logic (especially the Law of the Excluded Middle), and thought knowledge was primarily about closed concepts. LEM: This is either an X or it’s a non-X. This works well for math and logic concepts like “square”.

An open concept is one for which the connotation cannot be precisely specified; rather, we recognize members of the class by their resemblance to paradigms of the concept. NOTE: When we say that a concept is open, we mean simply that it is harder to decide in some cases whether that concept should be applied to an individual thing. All the interesting social, legal, and philosophical notions are open, and require argument by analogy to decide borderline cases: “legal,” “marriage,” “family,” “religion,” “rich,” “sexual harassment,” “obscenity,” “gender,” etc. And “rape.”

Do I know exactly how to tell if something is part of the denotation of this concept? In other words, do I know the membership conditions for this class? Hmm … not usually. So this concept is OPEN.

Satanism? The Democratic Party? Scientology? Paradigms Christianity Buddhism Hinduism Islam Random Cults? Wicca? 49er Faithful? RELIGION is an OPEN CONCEPT

Person with Perfume Allergy? Infant? Person who can’t do math? Paradigms Stephen Hawking Christopher Reeve Hemophiliac? These two men were completely paralyzed. Person with Type 1 Diabetes? Alcoholic? “DISABLED PERSON” is an OPEN CONCEPT

Debates about open concepts are normal. Societies decide the paradigms. Is a person with perfume allergy disabled? Is a person with dyscalculia (inability to do math) disabled? Can a person with dyscalculia be considered educated? What are the membership conditions to get into the class of educated persons, anyway? Should universities award college degrees to people who can’t do math? Sometimes societies decide to change or expand the paradigm, e.g., “education” and “marriage”.

The rationalist tradition in contemporary philosophy is now on the wane. Nowadays, philosophers think most (if not all) concepts are open. Open concepts are normal and useful.

We judge whether or not to change a paradigm on the basis of the resemblance between the individual(s) in question and the current paradigms. In other words, we argue by analogy. What are relevant similarities and differences between paradigms and problematic cases? For example, how is Scientology similar to and different from the paradigms of religions? How is a person with perfume allergies similar to and different from the paradigms of disabled persons?

Argument by Analogy Arguments by analogy can be strong or weak. Few or no relevant differences between A and B makes an argument by analogy stronger. A large number of relevant differences between A and B makes an argument by analogy weak.

Sibling2: “Parent, you allowed Sibling1 to drive when Sibling1 was 16. I am now 16. Therefore you should allow me to drive also.” Parent: “But, Sibling2, I see many relevant differences between you and Sibling1. Sibling1 had a B average. Sibling1 paid for his own insurance. Sibling1 never did drugs. Sibling1 was never a disgrace to the family, as you are, Sibling2. Therefore, your argument by analogy is weak. There are too many relevant differences between you and Sibling1.”

Here is a strong argument by analogy that underlies many arguments in ethics and law: Premise: People of all races are alike with respect to all important human characteristics. Premise: However, people of Race A receive various benefits and opportunities that people of Race B do not receive. Conclusion: Therefore, people of Race B should receive benefits and opportunities similar to those enjoyed by people of Race A. The argument is strong because there really are few if any relevant differences between races.

Legal reasoning on the basis of precedent is argument by analogy. Philosophers and lawyers tend to be good at argument by analogy.

Societies judge whether or not to change or add to a paradigm on the basis of the analogy or lack of analogy between the individual in question and the current paradigms.

PART 2: Aristotle and the Golden Mean Rape is a vicious act – Aristotle would not approve. Phronesisis what enables a person to discern the Mean, i.e., to see the relevant similarities and differences between paradigms and problematic cases.

Phronesis (φρόνησις) Phronesis is the ancient Greek word for the virtue of practical wisdom. The notion of phronesis appears in both Plato and Aristotle. You may already know another Greek word for “wisdom”: sophia Philos + sophia = philosophy

Sophia is the virtue of theoretical wisdom. Phronesis is the virtue of practical wisdom. In Aristotle’s ethics, virtue is a mean between extremes. Example: the virtue of courage is a mean; it is not too much (recklessness) and not too little (cowardice). Aristotle says only a person with phronesis (a phronimos) can determine the mean in specific cases.

Examples of Aristotle’s Golden Mean

Scholars disagree about whether Aristotle ever talks about rape in our sense. It’s clear he would think it is a vicious action, though, because it obviously doesn’t contribute to human flourishing. For Aristotle, rape might be something like deficiency in respect for bodily autonomy of another person, like this: Sphere of feeling or action Deficiency (Vice) Mean (Virtue) Excess (Vice) Intimate relations Lack of respect Proper respect Too much respect E.g., rape Other placements of rape in the Mean schema are certainly possible, e.g., Self-Indulgence (not enough temperance).

In Aristotle’s ethics, the good is what enhances human flourishing (eudaimonia). Phronesis consists in knowing what aspects of a situation are the really important ones for the promotion of human flourishing (eudaimonia). To be a phronimos, you have to know a lot about people and the specific circumstances they are in when they make a moral decision.

You may know about some other ethical theories, e.g., utilitarianism (outcome-based) or deontological (rule-based) approaches. Aristotle’s approach is neither: it is a virtue ethics (character-based). Virtue ethics todayis an attractive alternative to utilitarian and deontological approaches to ethics. Phronesis is an essential concept in Aristotle’s virtue ethics. It is what a person needs in order to discern the Mean.

According to Aristotle, phronesiscomes only with experience of life. Young people are not expected to have it. Young people should not feel shame and should not be blamed for their lack of phronesis.

You might need a kind of phronesisto avoid poison oak: Knowledge: e.g., that woods in California often have poison oak, what poison oak looks like, how poison oak is acquired, etc. Appropriate precautions: being attentive to surroundings (be on the lookout for poison oak), wearing appropriate clothes, etc. A park ranger most likely has phronesis about poison oak.

A pilot with tens of thousands of flight hours most likely has phronesis about flying a plane (“airmanship”). A musician who has decades of experience playing the oboe in classical orchestras most likely has phronesis about playing the oboe, and more (“musicianship”). A surgeon who has performed thousands of successful surgeries most likely has phronesis about surgery.

It is well-recognized that people with experience in an area are, other things being equal, most likely to be better authorities, have more expertise, give better advice and counsel than beginners. This is why, for example, professional sports teams generally hire “old guys” as managers and coaches.

PART 3: “Person” is an open concept. Patriarchy views men as paradigms of personhood, i.e., as the only full persons with full moral rights and duties. Because patriarchy does not view women as full persons, societies have failed to grasp the full moral gravity of rape.

Personhood (Traditional Concept) The traditional concept of a person features men (especially men of property) as the paradigm. The concept is not completely closed.But women and children and slaves have problematic status. They are definitely not paradigms. Trees Non-Human Animals MEN Stars Women? Male Children Female children? Slaves? Rocks Contrast this with the contemporary debate about personhood (next slide).

Personhood – The Contemporary View (hopefully) There have turned out to be no good arguments by analogy to exclude women and former slaves from full personhood. Thus women are paradigms of persons, with full human rights and duties, including full right to bodily autonomy. ETs? God? Angels? Robots? PARADIGMS: MEN WOMEN YOU and ME Fetuses? Androids? Dolphins? Chimps?

Traditional View of Personhood Only paradigmatic persons (i.e., men) have full human rights and duties. Non-persons (e.g., rocks) have no rights or duties. Not-quite-persons (e.g., women, female children) have limited rights and duties.

The effect of the male paradigm: Patriarchy The Handmaid’s Tale…

Patriarchy says: Only men are fully rational and fully human. Women are thought to be essentially (innately) inferior to men: weaker dumber less logical more childlike Patriarchal societies constitute the vast majority of all societies studied by anthropologists.

According to patriarchal principles, women are thought to be morally unreliable. Women are especially thought to be morally weaker than men – more easily led astray, e.g., Eve (not Adam) sinned first. In another myth, it was Pandora (a woman) who brought evils into the world. Also Lilith. The archetype of the malevolent female Thus women need the leadership and guidance of men, for their own protection, and to maintain social order. Patriarchy means women can’t live independently, can’t have their own money, can’t inherit money or property, can’t receive an education, etc. Some patriarchal societies believe that women’s sexuality would be completely out of control if men did not control them. Euripides The Bacchae; the Virgin Mary → practices such as female genital mutilation.

Only full persons (men, in patriarchy) have the right to respect for their bodies. If women are not fully persons, then rape of a woman is morally not such a big deal. Abusing a woman morally is more comparable to abusing a child or an animal than abusing a full person.

Patriarchy and private property • Men have traditionally restricted married women’s activity outside the home, in order to limit women’s possible sexual activity outside marriage, to ensure their property will go to legitimate heirs only. • Men have traditionally restricted activity of unmarried girls outside home, to ensure female virginity at marriage. (A “used woman” is “damaged goods”.) • Rape is seen as theft of a man’s sexual property, rather than a crime against the woman herself. • Rape has historically been prosecuted as a crime only when committed against privileged women (never against sex workers or slaves), and only when property and titles are at stake – i.e., when rape could affect the lines of noble descent and inheritance of titles, land, etc.

Other Traditional Views About Rape The ancient Greeks and Romans said conception could occur only if the woman was actively aroused to orgasm. The fact that a pregnancy occurred “proved” that the woman had a good time. Thus if a woman claimed her pregnancy resulted from rape (an unpleasant experience), she must be lying. Rape has historically been considered one of the “spoils of war”. The winning side enslaves the conquered population. The young women often become sexual slaves. Droit de seigneur – ifit existed – was once not considered rape, and rape within marriage was – until 2012 in the USA – impossible by definition. Thomas Aquinas and Martin Luther – both very famous and influential Christian thinkers – say that masturbation is a far worse sin than rape or incest. Most cultures until quite recently also thought they could minimize the bad effects of rape by encouraging a woman to marry her rapist. The rapist is thus “punished” by having the victim sexually available to him for the rest of his life.

A More Contemporary View …regrettably, still fully in accord with Patriarchy Sigmund Freud (1856-1939) was the founder of psychoanalysis. Psychoanalysis was a mainstream theory in psychology until relatively recently. It had a huge cultural influence for most of the 20th century. Educated people all were aware of its jargon and techniques. Freud says the super-ego is responsible for moral promptings, but the full super-ego develops only as a response to threat of castration, so only men develop full super-egos. i.e., only men are fully moral. Here’s why: According to Freud, a little boy is his Oedipal stage of psycho-social development at age 4-6. The Oedipal period is the time when the little boy realizes that Mommy belongsto Daddy and the little boy will never be able to marry Mommy. The little boy is devastated by this realization and also is terrified that his father will castrate him because the little boy has had sexual fantasies about his mother while masturbating. The little boy is even more terrified when he sees his sister naked and thinks “My God, Dad is serious about castration, because look what he did to her!” The little girl sees that her brother has a penis (while she doesn’t) and concludes that, yes, she has been castrated(!). So she envies her brother for the rest of her life for his intact penis (“penis envy”). She only feels better later as an adult if she gives birth to a boy, thus creating her own surrogate penis. Because the little girl believes she has already been castrated, she can’t be threatened by fear of castration. In other words, unlike the little boy, the little girl has nothing to lose by being “bad”! So women never fully become fully moral.

And if all that is not enough, in order to mature into a normal adult woman, the little girl has to give up masturbating by massaging her clitoris (her “inferior equipment”) and learn how to achieve orgasm by vaginal penetration alone – although nowadays it’s not clear the “vaginal orgasm” is even anatomically possible (hence the so-called “myth of the vaginal orgasm”). And to add insult to injury, Freud says the normal adult woman’s sexuality is fundamentally masochistic because the mature woman now derives sexual pleasure by passively receiving the penis! (These views are mostly rejected by psychologists nowadays, but they are still around in pop culture, e.g., in porn.) One of Freud’s important (and lasting) contributions to psychology was his idea that a person’s actions may be determined by unconscious motives; i.e., a person may not know why s/he feels and acts the way s/he does. So Freud’s theory of unconscious desires plus female masochism allows rapists to say their victims actually are complicit, due to the victim’s desire to be penetrated (her masochism) and her unconscious motivations. “She didn’t know it fully herself, but she was really asking for it: look at where she was, what she was wearing, etc.”

The longstanding, narrow legal definition of forcible rape in the US is the “carnal knowledge” of a female (not one’s spouse), forcibly and against her will. The newer (2012) broader definition: “The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” http://www.justice.gov/opa/pr/attorney-general-eric-holder-announces-revisions-uniform-crime-report-s-definition-rape If people were serious about the 2012 definition, then Donald Trump’s pussy-grabbing would count as rape. But a lot of people don’t think he is a rapist – or, perhaps more accurately, they don’t totally buy the new definition of rape.

In patriarchal cultures (i.e., the vast majority of cultures) until very recently, the full moral gravity of rape was thus rarely if ever recognized. You can read about rape’s effects on victims. In addition, the threat of rape permeates everyday life for many women, even today.

“I draw a line down the middle of a chalkboard, sketching a male symbol on one side and a female symbol on the other. Then I ask just the men: What steps do you guys take, on a daily basis, to prevent yourselves from being sexually assaulted? At first there is a kind of awkward silence as the men try to figure out if they've been asked a trick question. The silence gives way to a smattering of nervous laughter. Occasionally, a young a guy will raise his hand and say, 'I stay out of prison.' This is typically followed by another moment of laughter, before someone finally raises his hand and soberly states, 'Nothing. I don't think about it.' Then I ask women the same question. What steps do you take on a daily basis to prevent yourselves from being sexually assaulted? Women throughout the audience immediately start raising their hands. As the men sit in stunned silence, the women recount safety precautions they take as part of their daily routine. Here are some of their answers: Hold my keys as a potential weapon. Look in the back seat of the car before getting in. Carry a cell phone. Don't go jogging at night. Lock all the windows when I sleep, even on hot summer nights. Be careful not to drink too much. Don't put my drink down and come back to it; make sure I see it being poured. Own a big dog. Carry Mace or pepper spray. Have an unlisted phone number. Have a man's voice on my answering machine. Park in well-lit areas. Don't use parking garages. Don't get on elevators with only one man, or with a group of men. Vary my route home from work. Watch what I wear. Don't use highway rest areas. Use a home alarm system. Don't wear headphones when jogging. Avoid forests or wooded areas, even in the daytime. Don't take a first-floor apartment. Go out in groups. Own a firearm. Meet men on first dates in public places. Make sure to have a car or cab fare. Don't make eye contact with men on the street. Make assertive eye contact with men on the street.” ― Jackson Katz, The Macho Paradox: Why Some Men Hurt Women and How All Men Can Help

Some feminists say we live in a “rape culture” where rape is pervasive and normalized. A “joke” I often used to hear: “Come on, ladies, it’s not so bad – just relax and enjoy it.” So a woman who is raped just needs a better sense of humor… It still seems impossible to convince some people that a woman who has been raped has been wronged, or has even been seriously harmed. These people just laugh at the idea of date rape.

PART 4: Should date rape count as RAPE!? Using argument by analogy, we can conclude that there are enough important differences between date rape and the paradigm of rape (RAPE!) to question whether date rape should count as rape. Sexual phronesis should enable a man or woman to tell the difference between RAPE! and date rape.

Date Rape In some recent surveys, an astonishingly large number of college-age women (20-25%) claim to have been date-raped. You hear about the “epidemic” of date rape on college campuses. As a result, many colleges are instituting rules for students to ensure that young women consent to any sexual activity (since if there is consent, there is no rape). (The issue of “consent” is actually extremely complicated.)

Understanding Sexual Phronesis: Exploring Open Concepts and Analogy in the Context of Rape