A1 Journal article – refereed

Towards a New Ethics of Sexual Self-determination: Finnish Rape Law through the Speculum of Feminist Philosophy




List of Authors: Minni Leskinen

Publication year: 2019

Journal: No Foundations : An Interdisciplinary Journal of Law and Justice

Journal acronym: NoFo

Issue number: 17

eISSN: 1797-2264

URL: http://www.nofoundations.com/NoFo17LESKINEN.html


Abstract

Taking the perspective of feminist philosophy and feminist legal scholarship, this article discusses the idea of sexual self-determination on which the Finnish rape law is currently built. A transition from coercion-based model of criminalization to consent-based model of criminalization of rape is expected to take place also in Finland. Such a transition from one model to another calls for a discussion of the discourses of freedom and moral autonomy inherent in these models. Responding to that call, the article draws on a variety of sources, from travaux préparatoires and case law to influential philosophers, in order to elucidate current understandings of sexual self-determination. With the view of a possible redefinition of the foundations of rape law, the article introduces and discusses Luce Irigaray’s notions of sexual difference, love and wonder. Finally, the article develops an Irigarayan inspired three A’s approach – prohibition of assimilation, assumption and appropriation – in order to open a way towards new ethics of sexual self-determination.


Last updated on 2021-24-06 at 11:20