Toril Moi's Phenomenological Account of “Woman” and Questions of Trans Inclusivity

Abstract The recent debate in feminist philosophy about an adequate concept of woman presupposes the distinction between sex and gender, and most proposals operate on the gender level. Building on Simone de Beauvoir, Toril Moi suggested an account of “woman” that does not rely on the distinction between sex and gender (Moi 1999a). She criticizes that this distinction suggests too strong a separation between the bodily and social dimensions of a person's identity. Instead, her account of “woman” centers around the phenomenological concept of the “body as situation” or the lived/living body (Leib). This understanding of the body emphasizes a person's subjective experience of their own body rather than a third-personal (for example, medical) perspective on humans’ bodies. With her proposal, Moi aims, on the one hand, to resist biological determinism, and, on the other, to avoid the dualism of the sex/gender distinction. In this article, I re-introduce Moi's position to the recent debate and examine how it fares regarding the “inclusion problem” (Katharine Jenkins) toward trans women. I suggest that Moi's account provides resources for an attractive, individualistic, and hence inclusive account of embodied gender identity. For political purposes, however, we also need to analyze concrete contexts of gender-related oppression.