Sexual ethics (also known as sex ethics or sexual morality) is a branch of philosophy that considers the ethics or morality of human sexual behavior. Sexual ethics seeks to understand, evaluate, and critique interpersonal relationships and sexual activities from social, cultural, and philosophical perspectives. Some people consider aspects of human sexuality such as gender identification and sexual orientation, as well as consent, sexual relations and procreation, as giving rise to issues of sexual ethics.
Historically, the prevailing notions of what is regarded as sexually ethical have been linked to religious teachings and philosophy. More recently, the sexual revolution challenged traditional ethical codes, and the feminist movement has emphasized personal choice and consent in sexual activities, especially for women.
Terminology and philosophical context The terms ethics and morality are often used interchangeably, but sometimes ethics is reserved for interpersonal interactions and morality is used to cover both interpersonal and inherent questions.See usage note on wikt:ethics.
Different approaches to applied ethics hold different views on inherent morality, for example: Moral nihilism is the meta-ethical view that nothing is inherently right or wrong, and that all value judgments are either human constructs or meaningless. Moral relativism is the meta-ethical view that moral judgments are subjective. In some cases this is merely descriptive, in other cases this approach is normative – the idea that morality should be judged in the context of each culture's convictions and practices. Moral universalism is the meta-ethical view that moral judgments are objectively true or false, that everyone should behave according to the same set of normative ethics.
Many practical questions arise regarding human sexuality, such as whether sexual norms should be enforced by law, given social approval, or changed.
Viewpoints and historical development
Religion
Morality and religion have historically been closely intertwined. Religious morality has usually looked down upon sex, with "...Christian philosophers condemn[ing] it".
Christianity Christian denominations generally hold that sexual morality is defined by natural law, the Bible and tradition.
The unity of a couple in marriage and procreation are key factors in Christian sexual ethics, particularly in the teachings of the Catholic Church.
St. Thomas Aquinas and St. Augustine were some of the key figures in honing Christian ethics. Augustine underlined fidelity, offspring, and sacrament as the goods of sexual morality. Thomas Aquinas developed Augustine's thought to suggest that these ought to be understood as the three ends (telos) of marriage, and ranked them in order of importance, with procreation as the primary end.
Philosophy Not until contemporary times has sex been thought of as something generally good in the history of western philosophy: "Plato denigrated it, arguing that it should lead to something higher or better (Phaedrus, Symposium), Aristotle barely mentioned it, and Christian philosophers condemned it."Halwani, Raja, "Sex and Sexuality", In: The Stanford Encyclopedia of Philosophy (Spring 2020 Edition), Edward N. Zalta (ed.), URL=https://plato.stanford.edu/archives/spr2020/entries/sex-sexuality. A major topic in the philosophy of sex and related to the question of the moral status of sex is objectification, where sexual objectification is treating a person only as a sex object. The concept originates in Kant's moral philosophy, and many modern thinkers have used it to criticize and analyze a wide range of ethical issues related to sex, such as pornography.
Kant views sex as only morally permissible in the context of a heterosexual, lifelong, and monogamous marriage, whereas any sexual act that is performed outside this context is considered morally wrong. This is due to Kant's interpretation of the Categorical Imperative with regard to sexual desire. He considers sex the only inclination that cannot satisfy the Categorical Imperative; in fact, sexual desire by its nature is objectifying and lends itself to the thing-like treatment of other persons.
The solution to the overall problem of objectification and sex, on Kant's view, is marriage: Only marriage can make objectification tolerable. Kant argues that in a marriage, which is "a relationship that is structured institutionally in ways that promote and, at least legally if not morally, guarantee mutual respect and regard", objectification may be rendered harmless. Furthermore, not all sexual activity is necessarily objectifying here: sexual activity that does not involve sexual desire might treat another person as a mere thing and might thus not be objectifying. However, Kant does not distinguish between male and female sexuality, and his analysis does not consider social hierarchies or asymmetric formations of erotic desire in or outside of marriage. Kant's argument is seen as implausible by most modern thinkers.
Sexual rights as human rights
Present and historical perspectives
From a human rights and international law perspective, consent has become a key issue in sexual ethics. Nevertheless, historically, this has not necessarily been the case. Throughout history, a whole range of consensual sexual acts, such as adultery, fornication, interracial or interfaith sex, 'sodomy' (see sodomy laws) have been prohibited; while at the same time various forced sexual encounters such as rape of a slave, prostitute, war enemy, and most notably of a spouse, were not illegal. The criminalization of marital rape is recent, having occurred during the past few decades, and the act is still legal in many places around the world – this is due to some not essentially viewing the act as rape. In the UK, marital rape was made illegal as recently as 1992. Outside the West, in many countries, consent is still not central and some consensual sexual acts are forbidden. For instance, adultery and homosexual acts remain illegal in many countries.
Many modern systems of ethics hold that sexual activity is morally permissible only if all participants consent. Sexual ethics also considers whether a person is capable of giving consent and what sort of acts they can properly consent to. In western countries, the legal concept of "informed consent" often sets the public standards on this issue. Children, the mentally handicapped, the mentally ill, animals, prisoners, and people under the influence of drugs like alcohol might be considered in certain situations as lacking an ability to give informed consent. In the United States, Maouloud Baby v. State is a state court case ruling that a person can withdraw sexual consent and that continuing sexual activity in the absence of consent may constitute rape. Also, if infected with a sexually transmitted infection, it is important that one notifies the partner before sexual contact.
Sexual acts which are illegal, and often considered unethical, because of the absence of consent include rape and molestation. Enthusiastic consent, as expressed in the slogan "Yes means yes", rather than marriage, is typically the focus of liberal sexual ethics. Under that view passivity, not saying "No", is not consent. An individual can give consent for one act of sexual activity, however, it does not condone proceeding into other acts of sexual activity without reestablishing consent.
The concept of consent being the primary arbiter of sexual ethics and morality has drawn criticism from both feminist and religious philosophies. Religious criticisms argue that relying on consent alone to determine morality ignores other intrinsic moral factors, while feminist criticisms argue that consent is too broad and does not always account for disproportionate power dynamics.
Feminist views
The feminist position is that women's freedom of choice regarding sexuality takes precedence over family, community, state, and church. Based on historical and cultural context, feminist views on sexuality has widely varied. Sexual representation in the media, the sex industry, and related topics pertaining to sexual consent are all questions which feminist theory attempts to address. The debate resulting from the divergence of feminist attitudes culminated in the late 1970s and the 1980s. The resulting discursive dualism was one which contrasted those feminists who believed that patriarchal structure made consent impossible under certain conditions, whereas sex-positive feminists attempted to redefine and regain control of what it means to be a woman. Questions of sexual ethics remain relevant to feminist theory.
Early feminists were accused of being 'wanton' as a consequence of stating that just as for men, women did not necessarily have to have sex with the intention of reproducing. At the beginning of the 20th century, feminist authors were already theorising about a relationship between a man and a woman as equals (although this has a heterosexual bias) and the idea that relationships should be sincere, that the mark of virtue in a relationship was its sincerity rather than its permanence. Setting a standard for reciprocity in relationships fundamentally changed notions of sexuality from one of duty to one of intimacy.
Age of consent
Age of consent is also a key issue in sexual ethics. It is a controversial question of whether or not minors should be allowed to have sex for recreation or engage in sexual activities such as sexting. The debate includes whether or not minors can meaningfully consent to have sex with each other, and whether they can meaningfully consent to have sex with adults. In many places in the world, people are not legally allowed to have sex until they reach a set age. The age of consent averages around the age of 16. Some areas have 'Romeo and Juliet' laws, which place a frame around teenage relationships within a certain age bracket, but do not permit sex between those above or below a certain age.
Marriage
In all cultures, consensual sexual intercourse is acceptable within marriage. In some cultures sexual intercourse outside marriage is controversial, if not totally unacceptable, or even illegal. In some countries, such as Saudi Arabia, Pakistan, Afghanistan, Iran, Kuwait, Maldives, Morocco, Oman, Mauritania, United Arab Emirates, Sudan, Yemen, any form of sexual activity outside marriage is illegal.
As the philosopher Michel Foucault has noted, such societies often create spaces or heterotopias outside themselves where sex outside marriage can be practiced. According to his theory, this was the reason for the often unusual sexual ethics displayed by persons living in brothels, asylums, on board ships, or in prisons. Sexual expression was freed of social controls in such places whereas, within society, sexuality has been controlled through the institution of marriage which socially sanctions the sex act. Many different types of marriage exist, but in most cultures that practice marriage, extramarital sex without the approval of the partner is often considered to be unethical. There are a number of complex issues that fall under the category of marriage.
When one member of a marital union has sexual intercourse with another person without the consent of their spouse, it may be considered to be infidelity. In some cultures, this act may be considered ethical if the spouse consents, or acceptable as long as the partner is not married while other cultures might view any sexual intercourse outside marriage as unethical, with or without consent.
Furthermore, the institution of marriage brings up the issue of premarital sex wherein people who may choose to at some point in their lives marry, engage in sexual activity with partners who they may or may not marry. Various cultures have different attitudes about the ethics of such behavior, some condemning it while others view it to be normal and acceptable.
Premarital sex