Feminism and Penal Expansion: The Role of Rights-Based Criminal Law in Post-Neoliberal Ecuador

This article analyses feminist discourses on the criminalisation of violence against women in Ecuador, after the enactment of a “post-neoliberal” constitution. It responds to arguments in feminist legal theory, which affirm that penal expansion thrives through neoliberal globalisation, and that certain feminists have sponsored this carceral-neoliberal alliance, over and above redistributive concerns. However, in Ecuador, many feminists who participated in a recent criminalisation process also endorsed the post-neoliberal government’s social redistribution programme. Ecuadorian feminism therefore complicates current discussions on carceral and governance feminism, which link penal expansion with neoliberalism and an absence of redistributive concerns. Ecuadorian left-leaning feminists use rights-based frameworks to reconcile penal interventions with potential abuses of coercive power. This allows them to regard criminal justice as minimally problematic within the redistributive agenda they endorse. At the same time, the penal approach of Ecuadorian feminists runs the danger of marginalising legally pluralistic approaches to justice.     

Only Contradictions on Offer

Segal addresses feminism's future at a time when political energies are apparently in decline. She explores the contradictory models of feminism operating in political and media representations: the dominance of gender questions and gender anxieties, including the marked concern with models of 'proper' masculinity, inevitably implicates feminists in the political arena. The decline in political engagement among feminists is in any case disturbing, because women without power have been made the central targets of neo-conservative social policies in the United States, Britain and elsewhere, with the female 'welfare dependent' becoming particularly demonized. The failure of feminists to address such issues results from the decline of socialist feminisms, and a general failure within feminism to make class and race differences, and the inequalities that result from them, the central plank of its theories and politics. Segal calls attention to the divorce between feminist theory and feminist activism, and argues that the politics of the academy have largely contributed to a disciplinary specialization which militates against feminism's productive interdisciplinarity. While the literary paradigms that now dominate feminist thought have produced rich models for subjectivity and identity, the decrease in social science contributions to the field has led to a lessening of attention to existing social relations. Segal insists upon the necessity of a continuing engagement with cultural questions, but argues that these need to be combined with a commitment to radical social transformation if feminisms, in all their complexity and multifariousness, are to have a future.     

Anti-sexist men: A case of cloak-and-dagger chauvinism

The paper looks at the sexual behaviour of anti-sexist men as this is presented in writing, in discussion, and in personal experience of them. It shows that changes in the sexual behaviour of anti-sexist men have been those that serve their own interests. Some anti-sexist male writing about sex describes how some of them cannot get an erection without objectifying the women they're in bed with; and they don't tell these women about the misogynistic fantasies they have in order to objectify them. Drawing on this, on discussions with anti-sexist men and on personal experience, it seems that ‘impotence’ is a common reaction to stroppy feminists and sexually active women. The paper concludes that male anti-sexism is more a ‘cloak-and-dagger form of chauvinism’ than a genuine attempt to lose their power over women.     

precarious changes: gender and generational politics in contemporary Italy

The issue of a generational exchange in Italian feminism has been crucial over the last decade. Current struggles over precariousness have revived issues previously raised by feminists of the 1970s, recalling how old forms of instability and precarious employment are still present in Italy. This essay starts from the assumption that precariousness is a constitutive aspect of many young Italian women's lives. Young Italian feminist scholars have been discussing the effects of such precarity on their generation. This article analyses the literature produced by political groups of young scholars interested in gender and feminism connected to debates on labour and power in contemporary Italy. One of the most successful strategies that younger feminists have used to gain visibility has involved entering current debates on precariousness, thus forcing a connection with the larger Italian labour movement. In doing so, this new wave of feminism has destabilized the universalism assumed by the 1970s generation. By pointing to a necessary generational change, younger feminists have been able to mark their own specificity and point to exploitative power dynamics within feminist groups, as well as in the family and in the workplace without being dismissed. In such a layered context, many young feminists argue that precariousness is a life condition, not just the effect of job market flexibility and not solely negative. The literature produced by young feminists addresses the current strategies engineered to make ‘their’ precarious life more sustainable. This essay analyses such strategies in the light of contemporary Italian politics. The main conclusion is that younger Italian women's experience requires new strategies and tools for struggle, considering that the visibility of women as political subjects is still quite minimal. Female precariousness can be seen as a fruitful starting point for a dialogue across differences, addressing gender and reproduction, immigration, work and social welfare at the same time.     

<Emphasis Type="Italic">Zina</Emphasis> and the moral regulation of Pakistani women

From 1998 to 1999, I interviewed women who had been incarcerated under the Zina Ordinance (zina means illicit sex) in Pakistan. This led me to an examination of women's moral regulation by their families, a process in which I maintain the state is complicit. I argue against relativist explanations of this process, which view Pakistani culture or notions of timeless Islam as the reason for women's incarceration. Instead, I examine the interconnection of morality with the legal/judicial structures, the relationship between the state and patriarchy within families, and the plight of impoverished women in Pakistan within an era of globalization. In my analysis, I link economic development and human rights to globalization and the continuing costs of militarization. Such connections allow feminists to target the structural conditions that sustain the laws in Pakistan and help create an environment that will bring about the repeal of the laws while contributing to trans-national feminist solidarity.     

The ‘Sharia Law Debate’ in Ontario: The Modernity/Premodernity Distinction in Legal Efforts to Protect Women from Culture

The normative figure in Western feminism remains the liberal autonomous individual of modernity. ‹Other’ women are those who have their freedom to choose restricted. Typically, ‹other’ women are those burdened by culture and hindered by their communities from entering modernity. If we remain in the terrain of thinking about women as vulnerable or imperilled, and some women as particularly imperilled, as we generally do of Muslim women, we remain squarely within the framework of patriarchy understood as abstracted from all other systems. A modernity/premodernity distinction will continue to invade any projects intending to help Muslim women. This paper shows the persistence of the modernity/premodernity distinction in contemporary debates around applying Sharia law to the settlement of family law disputes under the Arbitration Act in Ontario, Canada. I argue below that in their concern to curtail conservative and patriarchal forces within the Muslim community, Canadian feminists (both Muslim and Non-Muslim) utilized frameworks that installed a secular/religious divide that functions as a colour line, marking the difference between the modern, enlightened West, and tribal, religious Muslims. I suggest that feminist responses might have helped to sustain a new form of governmentality, one in which the productive power of the imperilled Muslim woman functions to keep in line Muslim communities at the same time that it defuses more radical feminist and anti-racist critique of conservative religious forces. I end by exploring how this effect could have been restricted.     

Evolution,Language and the Battle of the Sexes

This paper argues that the power of evolutionary psychology (EP) and the challenge it poses for feminists reside less in any new scientific knowledge EP has produced, and more in the meta-narrative it has provided for scientists whose work is not directly concerned with evolution. Using the study of sex/gender differences in language as a case study, the paper shows how EP's meta-narrative has been taken up in both expert and popular scientific discourse. It considers what gives the meta-narrative its appeal, and how feminists have contested it. It also locates the argument within the longer history of feminist responses to evolutionary science, comparing current debates with those that took place in the late nineteenth century.     

A “pair of … infernal queens”? 1 a reassessment of the dominant representations of emmeline and christabel pankhurst,first wave feminists in edwardian britain

Abstract

This article reassesses the dominant representations of two First Wave feminists in Edwardian Britain, Emmeline and Christabel Pankhurst, who founded the women's Social and Political Union (WSPU) on 10 October 1903 with the expressed aim of fighting for the right of women to enfranchisement on the same terms as it was, or may be, granted to men. Both women, it is argued, have been represented by historians mainly in a negative light which, at best, ignores their women-centred approach to politics and, at worst, misrepresents their views. However, if we are to understand these women as feminists then we must examine their own rationale for their actions which is in wide divergence with the views expressed by historians. As women-identified women, Emmeline and Christabel Pankhurst were forerunners of some of the ideas articulated by radical feminists in the Second Wave of feminism in the West in the 1970s. In this article, this theme is illustrated through focusing on two key areas – the world-view of the Pankhurst women and their style of leadership.     

Sisters in a Fashion: Martha Ansara and Elaine Welteroth

ABSTRACT

This article discusses Martha Ansara and Elaine Welteroth, two US born feminists who came to Australia during two key moments in feminist history, as a way of thinking about the relationship between feminists and fashion. Ansara arrived in Sydney in 1969 carrying women’s liberation literature in her suitcase; she became an important generative figure in the Australia’s women’s liberation movement, particularly as an independent filmmaker and proponent of consciousness raising. Welteroth arrived in 2017 to speak at the Sydney Writers’ Festival during a period of international resurgence of feminist activism. She brought with her images of women of colour she had featured in Teen Vogue and she invoked second wave consciousness raising, albeit in a remodelled, corporate-led form when she talked about the title’s plans to bring young girls around kitchen tables to ‘solve’ political problems. The article uses comments both women have made in relation to fashion and beauty, close readings of their works, and a discussion of their respective feminist milieus to suggest a trajectory of feminism’s relationship to the fashion industry that appears to have changed from a position of opposition to one of open embrace. It also complicates this reading by pointing to the resonances between these women of different feminist eras.     

much less religious,a little more spiritual: the religious and spiritual views of third-wave feminists in the UK

How religious or spiritual are feminists today? Filling a gap in the literature on feminism and religion, this article outlines findings from the first survey-based study of feminists’ spiritual attitudes in recent years. Drawing on survey data, this article explores the religious and spiritual views of 1,265 third-wave feminists, most of whom are women in their twenties and thirties. Comparison with surveys of religious adherence in the UK reveals that these feminists are significantly less religious and somewhat more spiritual than the general population. The article goes on to ask why this might be, and suggests three explanations: feminism's alignment with secularism, secularization and feminism's role within it, and feminism's association with alternative spiritualities.     

Gendering the union: imperial feminism and the ladies’ land league

The Act of Union of 1800, establishing Westminster control over Irish affairs, had important repercussions for the development of feminism within nineteenth-century Ireland, as well as contributing towards adifferentiation of Irish from British feminism. Feminism within Ireland was shaped by class, religion and racial identification: one strand followed theBritish model of Protestant philanthropy, while the other was concerned with asserting women's right to take part in nationalist political struggle. ‘Imperial’ feminists in Britain and Ireland, concerned with establishing their right to take part in the affairs of the ‘nation’, perceived those Irish who rejected British imperial rule as uncivilised, reserving sympathy for those whose economic position was threatened by the activities of those who campaigned against the landlord system. The period of the Land War of 1879–82 illustrates these conflicting discourses. The subsequent decline of imperial power in Ireland can be traced through a gradual change within Irish feminism from an initial support for the Union to a later embrace of nationalism, as young middle-class women, many from Catholic backgrounds, became involved in the movement     

The failure of feminism in Greenwich Village before World War I†

One crucial element of the cultural transformation which pre‐World War I Greenwich Village radicals believed would pave the way for socialist revolution was the liberation of women, not only in political and economic terms, but also in terms of lifestyle. However, both male and female Village feminists found themselves shackled by vestiges of Victorianism and torn between visions of women as naturally maternal and pacifistic and other images of women which demanded sexual equality. The Village was a community supportive of the new feminism, but the variety of feminism that emerged from it suffered from the complacency of male feminists who believed that they could be patrons of feminism, the acceptance of inflated claims advanced by the women's movement, a tendency to accept sexual liberation in lieu of more profound socio‐economic changes, and a failure to create a feminism relevant to the masses of working women in society at large. The young people who came to the Village in the 1920's were more interested in social rebellion than in social reform. Sexual freedom became the sum total of feminism; the end product of the New Freedom was the Flapper.     

United or divided? Women ‘inside’ and women ‘outside’ against male lawmakers in Australia

Is it possible, under patriarchy, for women's liberationists and feminists to instigate and control the direction of law reforms, particularly in areas of law directly affecting women's daily lives—such as rape laws?This article covers one instance, in New South Wales, Australia, where women agitated for law reform and played a large part, at least for a time, in formulating a new law on rape. At the end, however, women's liberation women and feminists lost control because women in the bureaucracy sided with men in the bureaucracy, despite their stance of ‘sisterhood’.Will women ‘outside’ inevitably be sold out by women ‘inside’ the bureaucracy? Once inside, does an allegiance to the establishment (the patriarchy) develop which ousts allegiance to women's liberationism? Or is it true that women inside the system ultimately recognise the system is not ‘of them’, or ‘for them’, and therefore when the barricades are up, will align themselves with women outside, rather than with the true insiders, men?     

What is Black British Feminism?

Young looks at the place of black feminists in today's academy in Britain, and poses some questions for contemporary self-identified black and white feminists based in that country. There is a new confidence among some black, professional Britons but infiltration into the academy remains problematic for many. Black British feminists and writers are largely absent in so-called postcolonial literary canons developed in the Anglo-American institutions, and by and large black British feminists are only offered fragile support by white feminists. Although African-American feminism offers intellectual sustenance and networks, the situation in the United States is very different, particularly as, there, black feminism has had much more impact and recognition. Discussions of the intersections of race, class and gender are rare in Britain outside black feminism, and there has been much less attention than in the States to black women's writing. Perhaps some kind of 'provisional essentialism' is still needed, for it is difficult for black feminist academics ever to feel the question of race is optional. It can be argued that 'blackness' is used to describe women of very different origins, and can obscure differential histories, but 'blackness' is always a political concept, not a register of national belonging. Black women have transformed British culture, but white feminists have largely failed to understand their problems. Attention to the social history of black women in Britain, and particularly to the creative work of black women writers, filmmakers and other cultural workers, is the place at which a new analysis should begin.     

Pulses from the multitude: virtuosity and black feminist discourse

Using a dialogic format this conversation between two authors uses political theorist Paolo Virno's conception of the “multitude” to examine and compare two different arenas of black feminist protest that took place on social media in the latter half of 2013. As a performative article, it offers historical and theoretical background to the terms “multitude,” “public intellect,” and “virtuosic labor” in racialized capitalist formations, situating them to provide an alternative to the power of the State – an alternative that unlike the State does not claim to confer rights. The article looks at the Facebook response to a call from the Crunk Feminist Collective to white feminists to speak out on the verdict exonerating Trayvon Martin’s killer and offer counter images to those that describe Martin's killing as justified. It then looks at the public dialogue around the applicability of the term “feminism” to Beyoncé's self-titled “visual album.” Through aesthetic inquiry, the authors look at the form these examples of protest take to situate and propose the active viewing of these aesthetic forms by others on social media, as well as by the authors of this article, as a kind of virtuosic labor. The article concludes with a series of poems created using the “cut-up” technique designed to transmit feeling through subjective action and a task manifesto for white feminists to use as a guide.     

The conscientization of women: A rite of self- initiation with the flavour of a religious conversion process

In traditional societies, young men and women are initiated separately into the adult world and, for various reasons, the male rite has typically been much more dramatic and elaborate. In western industrialized society, the formal education system became the initiation rite, par excellence, by which boys passed from childhood and the world of women into the public, adult world of men. By gaining access, albeit belatedly, to this male initiation rite, many women have thus gained access to the public, adult world but have found that they have had to give up being women. Other women have remained with the traditional female initiation rites of marriage and motherhood and have discovered that society does not really consider them to be adults. Another group of women have tried both routes to adulthood and have been unable to integrate their identities as women and adults.When these women get together in consciousness-raising groups they find themselves undergoing a rite of self-initiation made necessary by the fact that neither the traditional female rites of marriage and motherhood nor the masculine rites of formal education are adequate for women who wish to be considered both female and adult. Women in CR groups develop a strong sense of themselves as adult women and then are faced with the crucial question of how to relate to a patriarchal society which does not accept or affirm this new identity. There is a parallel in the process of religious conversion which, if probed, can help feminists to reflect on what are the most effective ways for a minority group to influence the mainstream of society without losing its identity and original values in the process.     

OUT OF THE COMMUNITY

This paper looks at the establishment of Women's Studies programs in selected Australian universities. It highlights the resistance to Women's Studies as an academic knowledge by some feminists outside of the academy as well as non-feminists within the academy. This paper argues that connections to the Women's Liberation Movement and the difficulties encountered by feminists when introducing Women's Studies into the academy made some feminists suspicious of the value of theory for feminism, especially in relation to a political agenda.

Men have had every advantage of us in telling their own story. Education has been theirs in so much higher a degree; the pen has been in their hands. (Austen, Persuasion ([1818] 1946)     

The ‘Great Offender’: feminists and the campaign for women's ordination

Few scholars have investigated the relationship between feminism and religion in the aftermath of suffrage. This article explores how feminist organizations and individual feminists supported campaigns for women's ordination within the Anglican Church and their concern for gender equality within British churches more broadly during the forties and fifties. Focusing in particular on the 1944 ordination of the first female priest within the Anglican Communion (The Bishop of Hong Kong Ronald O. Hall ordained Chinese Deaconess Florence Li Tim Oi) and the institution of female chaplain's assistant positions in 1942, it argues that a full understanding of mid twentieth-century feminism requires consideration of the struggle for women's representation in their churches. The forties and fifties have often been portrayed by historians as the nadir of twentieth-century feminism, yet feminists continued their work for women's rights and religious identity and issues could be motivating factors for their activism. Feminists were neither anti-religious nor militantly secular and this article seeks to foster work which explores the connection between religion and women's political and social activism since the nineteenth century.     

Freethought,Free Love and Feminism: secularist debates on marriage and sexual morality,England c. 1850–1885

This article examines the previously unexplored current of Freethinking feminism in the second half of the nineteenth century. Active in the women’s movement of this period, Freethinking feminists were nonetheless viewed as a liability—an attitude that contributed to their exclusion from much of the subsequent historiography. Such marginalisation was due not only to their vocal opposition to all forms of religion, but also their openness to discussing new ways of organising heterosexual relationships. This article focuses on Freethinking feminist critiques of marriage and support for free unions. It demonstrates that these issues continued to be debated in the Secularist movement at a time when many other radical organisations—including much of the women’s movement—kept silent on such topics. In this way, Freethinking feminists kept alive the more radical and libertarian critiques of traditional sexual morality developed by Owenite feminists in the 1830s and 40s. The author argues that the ideology of Freethought propelled its adherents to readdress questions of sex within a new ‘Secularist’ ethical framework. Fierce debate ensued, yet commitment to freedom of discussion ensured that ‘unrespectable’, libertarian voices were never entirely silenced. Freethinking feminism might, then, be viewed as the ‘missing link’ between early nineteenth‐century feminist visions of greater sexual freedom and the more radical discussions of sexuality and free love that began to emerge at the fin de siècle.     

Freethought, free love and feminism: secularist debates on marriage and sexual morality, England c. 1850-1885

This article examines the previously unexplored current of Freethinking feminism in the second half of the nineteenth century. Active in the women's movement of this period, Freethinking feminists were nonetheless viewed as a liability—an attitude that contributed to their exclusion from much of the subsequent historiography. Such marginalisation was due not only to their vocal opposition to all forms of religion, but also their openness to discussing new ways of organising heterosexual relationships. This article focuses on Freethinking feminist critiques of marriage and support for free unions. It demonstrates that these issues continued to be debated in the Secularist movement at a time when many other radical organisations—including much of the women's movement—kept silent on such topics. In this way, Freethinking feminists kept alive the more radical and libertarian critiques of traditional sexual morality developed by Owenite feminists in the 1830s and 40s. The author argues that the ideology of Freethought propelled its adherents to readdress questions of sex within a new 'Secularist' ethical framework. Fierce debate ensued, yet commitment to freedom of discussion ensured that 'unrespectable', libertarian voices were never entirely silenced. Freethinking feminism might, then, be viewed as the 'missing link' between early nineteenth-century feminist visions of greater sexual freedom and the more radical discussions of sexuality and free love that began to emerge at the fin de sicle.