Legal Form and Temporal Rationalities in UK Work–Life Balance Law

Abstract

This article attempts to crack open the temporal assumptions in the goal of ‘balancing’ work and family, as it is mobilised in UK law. Within studies of gender and labour, ‘balance’, as a concept and a politico-legal objective, is worthy of much more scholarly attention than it has received to date. In the UK context, balance is understood as a means of achieving equilibrium, both at the level of the labour market and within the context of unpaid care. Specifically, mobilising the short horizon of a ‘reckonable present’, balance creates a paradigm or topos through which dilemmas of value and care can be played out and resolved. The specific qualities of the UK's right to request flexible work, for its part, indicate that law's temporal qualities can have specific regulatory functions, shifting scale and reframing responsibilities. By looking closely at legal technicalities, we can discern much about the conceptual logic that affects many of us through influential regulatory strategies. The political imperative of analysing work–life balance might, in this way, require us to return not only to time, but also, strangely, to legal form.     

Editorial

Welfare state support for the reconciliation of work and family has long been regarded as a characteristic of the Scandinavian welfare state and a trademark of its "woman-friendly" policies. Based on an examination of important Nordic childcare policy reforms of the 1990s, such as the expansion of state-sponsored childcare services, the strengthening of fathers' rights to care and the institution of cash grants for childcare, the impact of reforms on mothers and fathers as workers and carers is discussed. In conclusion, the discussion returns to the reconciliation of work and family, and asks: To what extent have reproduction policies succeeded in updating the traditional gender contract of the male breadwinner family?     

Gender discrimination in Vietnam: the role of personal face

This paper examines gender discrimination using two novel perspectives: its relationship with personal face and its manifestation in contemporary Vietnam. Interviews with a sample of college teachers in Nha Trang city suggest that gender discrimination is reflected in and institutionalised through learning and enacting ‘acceptable’ face-related behaviours. These processes are exemplified in gender based linguistic conventions, role differentiation and segregation, the higher value associated with male roles, the (surface) acceptance of double standards by both genders and the recognition of public sanctions as effective reinforcers of gender inequality. Despite limitations in generalising from this research, an approach based on personal face-related language, behaviour and attitudes has promise for understanding how gender inequality functions at both individual and societal levels.     

The Capitalocene Part II: accumulation by appropriation and the centrality of unpaid work/energy

This essay – Part II – reconceptualizes the past five centuries as the Capitalocene, the ‘age of capital’. The essay advances two interconnected arguments. First, the exploitation of labor-power depends on a more expansive process: the appropriation of unpaid work/energy delivered by ‘women, nature, and colonies’ (Mies). Second, accumulation by appropriation turns on the capacity of state–capital–science complexes to make nature legible. If the substance of abstract social labor is time, the substance of abstract social nature is space. While managerial procedures within commodity production aim to maximize productivity per quantum of labor-time, the geo-managerial capacities of states and empires identify and seek to maximize unpaid work/energy per ‘unit’ of abstract nature. Historically, successive state–capital–science complexes co-produce Cheap Natures that are located, or reproduce themselves, largely outside the cash nexus. Geo-managerialism’s preliminary forms emerged rapidly during the rise of capitalism. Its chief historical expressions comprise those processes through which capitalists and state-machineries map, identify, quantify and otherwise make natures legible to capital. A radical politics of sustainability must recognize – and seek to mobilize through – a tripartite division of work under capitalism: labor-power, unpaid human work and the work of nature as a whole.     

LOVING TO STRAIGHTEN OUT DEVELOPMENT: SEXUALITY AND ETHNODEVELOPMENT IN THE WORLD BANK'S ECUADORIAN LENDING

Gender staff in the World Bank -- the world's largest and most influential development institution -- have a policy problem. Having prioritised efforts to get women into paid employment as the ȁ8cure-allȁ9 for gender inequality they must deal with the work that women already do -- the unpaid labour of caring, socialisation, and human needs fulfilment. This article explores the most prominent policy solution enacted by the Bank to this tension between paid and unpaid work: the restructuring of normative heterosexuality to encourage a two-partner model of love and labour wherein women work more and men care better. Through a case study of Bank gender lending in Ecuador I argue that staff are trying to (re)forge normative arrangements of intimacy, a policy preference that remains invisible unless sexuality is taken seriously as a category of analysis in development studies. Specifically, I focus on four themes that emerge from the attempt to restructure heteronormativity in the loan: (1) the definition of good gender analysis as requiring complementary sharing and dichotomous sex; (2) the Bank's attempt to inculcate limited rationality in women such that they operate as better workers while retaining altruistic attachments to loved ones; (3) the Bank's attempt to inculcate better loving in men, such that they pick up the slack of caring labour when their (partially) rational wives move into productive work, and; (4) the invocation of a racialised hierarchy resting on the extent to which communities approximate ideals of sharing monogamous partnership. Aside from providing clear evidence that the world's largest development institution is involved in micro-processes of sexuality adjustment alongside macro-processes of economic restructuring, I also critique the Bank's sexualised policy interventions and suggest that they warrant contestation.     

Paradoxes of Gender in Elderly Care: The Case of Men as Care Workers in Sweden

The Swedish public system of elderly care is highly relevant for studying gender relations, specifically when male care workers are more frequently seen within this female-coded field of practice. In this article, qualitative interviews with male and female care workers, elderly women and men, and care managers are analysed to discover how they talk about care work and how gender is expressed, both implicitly and explicitly, in the materialization of care. By illuminating the dynamics of how gender is constructed and negotiated in the intersection of the different actors' perspectives, the paradoxes of gender appeared. The care workers' moral responsibility seemed to undermine equality between male and female care workers, and the elderly clients' gendered expectations and representations created inequality in care work. Furthermore, the gender-neutral assessments made by the care managers came to favour elderly men. Thus, the results suggest the importance of capturing the different perspectives in society's institutions, such as elderly care, in order to understand the complexities of gendered processes.     

Gender, familism and housing: matrimonial property rights in Ireland

This article explores the gender structure of housing rights, and specifically matrimonial property law, in the Republic of Ireland as a basis for examining the means by which women gain access to and control over economic resources, or capital. Taking the Family Home Protection Act (1976) and the ill-fated Matrimonial Home Bill (1993) as examples of legislation to strengthen women's matrimonial property rights, it is argued that these have been formulated using gendered, familist, categories of reform. The State's attempts to strengthen women's entitlements have been mediated by its constitutional commitment to maintain a preference for the marital family as well as its failure to recognise the economic value of women's unpaid domestic work. This article argues that in this context, the Irish State's strategy of gender equality, which is based on the equitable treatment of different household types, is divisive, ineffective. and inequitable.     

Juveniles in the rural work force of sixteenth‐century castile

Peasant children in sixteenth‐century Castile helped their families with various domestic chores and agropastoral jobs. Used as unpaid workers, they enabled the typical peasant family to diversify its activities, and often to raise its standard of living. Hired juvenile workers were also quite important in Golden Age Castile. These seemingly entered the job market because their own families lacked the resources to enable them to remain at home. The experience of active participation in productive activities served all juvenile workers, whether paid or unpaid, as a sort of apprenticeship in preparation for adult membership in the peasant community.     

Law, Gender and Sexuality: The Making of a Field

The papers in the following section arose from a roundtable discussion organised by the AHRC Research Centre for Law, Gender and Sexuality, titled ‘Law, Gender and Sexuality: The Making of a Field’. Participants in the roundtable were asked to reflect on the challenges confronting law, gender and sexuality (LGS) as an area of research and scholarship, and to ask what benefits, possibilities, risks and dangers accompany the establishment of a research terrain. The papers address such questions as ‘what is a field and how is it made?’; ‘has LGS attained the status of a field?’; ‘what does it mean to locate oneself within the field of LGS?’; and ‘what is the relationship between feminism and LGS?’. They also consider possible future directions for the field of LGS. Together, the papers provide a variety of differing, and sometimes conflicting, perspectives on the developing body of intellectual and political activity that might be labelled ‘law, gender and sexuality’.     

Gender models: changing representations and intersecting roles in Dutch and Italian fashion magazines, 1982–2011

This article presents a comparative content analysis of gender representation in fashion magazines in Italy and the Netherlands. Updating Goffman’s classic study of Gender Advertisements, we study the intersections of gender, professional role, country and time in media representation. Thus, we combine and confront quantitative content analysis with insights from critical gender studies on polysemy and intersectionality. Analyzing a sample of 5840 images from mainstream, commercial and high fashion magazines published in 1982, 1996 and 2011, we find that gender representation strongly intersects with time, place, and notably: professional role. Models, who represent the specific ‘aesthetic capital’ of the fashion field, are portrayed in highly specific ways. Over time, gender differences in representation become stronger in Italy, while in the Netherlands male and female representation converges towards conventionally ‘feminine’ styles. In both countries, we find increasing prominence of (North-American) Goffmanian gender conventions and a new ‘withdrawn’ gendered style emerging in the early 2000s. This new style employs new signs and conventions to denote gender and professional status: it separates men from women, and models from non-models. Our analysis shows, first, that gender representation does not directly reflect gender inequality. Second, it demonstrates the impact of globalization on gender representation. Third, it highlights the polysemy and cultural specificity of visual signs: gender difference can be ‘ritualized’ and ‘stylized’ in various ways. These diverse gendered conventions intersect with other characteristics, and may convey diverse, and changing messages about the relation between gender and sexuality, power, aesthetics and (visual) pleasure.     

When convenience is inconvenient: ‘healthy’ family foodways and the persistent intersectionalities of gender and class

This article draws on findings from an auto/biographical study about relationships with food to demonstrate how everyday foodways continue to be influenced by the intersectionalities of gender and class. Following Bourdieu [1984. Distinction, a social critique of the judgement of taste. London: Routledge] how ‘foodies’ use food and foodways (the production, preparation, serving and eating of food) as a material and cultural display of capital (Johnston, J., & Baumann, S. 2010. Foodies, democracy and distinction in the gourmet kitchen. London: Routledge) or even ‘culinary capital’ (Naccarato, P., & LeBesco, K. 2012. Culinary capital. London: Berg) has been demonstrated. There has been less work exploring how mothers use ‘feeding the family’ (DeVault, M. I. 1991. Feeding the family. London: University of Chicago Press) as a source of cultural capital for themselves. Three-quarters of the 75 respondents in my UK study were parents and all mothers with dependant children fed their family ‘healthy’ food as a means of performing a particular middle-class habitus. I therefore examine how mothers engaged in ‘healthy’ foodwork as a means of positioning themselves as ‘good’ mothers or ‘yummy mummies’ (Allen, K., & Osgood, J. 2009. Studies in the Maternal, 1). Indeed, despite decades of gender equality in the public sphere and neo-liberal assertions regarding individualism, ‘feeding the family’ (DeVault, 1991) continues to be a highly gendered activity, with the added pressure of now having to provide ‘healthy’ food cooked from scratch. In these accounts, convenience foods and/or ‘unhealthy’ family foodways were vilified and viewed with disgust, with an adherence to ‘healthy’ family foodways used as a means of drawing boundaries within fields of ‘organised striving’ (Martin, J. 2011. On the explanation of social action, Chicago: University of Chicago Press; Savage, M., & Silva, E. B. 2013. Cultural Sociology, 7, 111–126). This article considers ‘healthy’ foodwork as a significant aspect of ‘good’ middle-class mothering, whereby ‘healthy’ family foodways become significant in the performance and display of ‘proper’ middle-class femininity that pathologises alternative family foodways and ‘other’ femininities. This serves to illuminate continuities within the intersectionalities of gender and class, with a commitment to ‘healthy’ family foodways central to ‘future oriented’ (middle classed) maternal identity.     

Considering the role of men in gender agenda setting: conceptual and policy issues

The international gender equality agenda evolved into one of mainstreaming a gender perspective into all policies and programmes. Within this process, the role of men gained increasing attention in the debates on gender equality. This resulted in the inclusion of ‘men's role’ as one of the themes of the agenda of the Commission on the Status of Women for the year 2004. While this is another step forward in the global efforts for achieving equality between women and men, its potential risks should not be overlooked. Therefore, it is necessary to revisit the concept of gender and carefully assess and monitor how the role of men is included in the agenda. This article starts with the premise that gender inequalities are the product of historically determined gender order in which the differentially assigned male female attributes are unequally structured in layers of privileged and subordinate positions of masculinities and femininities. The concept of patriarchy is brought back into the analysis to capture the interlinkages between the various status hierarchies that lead to shifts in hegemonic forms of masculinity that reproduces itself under diverse and changing conditions. Thus, while the article attempts to account for the generic and universal characteristics of gender inequality, at the same time, it draws attention to its specific socio-cultural manifestations. Finally, policy guidelines are offered for the consideration of the role of men in gender agenda setting. Accordingly, it is suggested that men's initiatives for alternative masculinities are acknowledged and that the questions regarding which men, in what kinds of alliances and for which end are reflected upon in formulating policies.     

Postmaternal,Postwork and the Maternal Death Drive

ABSTRACT

The term ‘postmaternal’ has recently emerged as a way to articulate the effects of neoliberalism on the public devaluing of caring labour [Stephens, Julie. 2011. Confronting Postmaternal Thinking: Feminism, Memory, and Care. New York: Columbia University Press]. This term suggests a valorisation of values associated with care and mothering that have traditionally been gendered and rely on a heterosexist matrix for their intelligibility. Marxist feminist writers during the 1970s struggled with the question of the particular form of care that reproduction entails, and this feminist archive has been recently extended to a discussion of ‘post-work’ [Weeks, Kathi. 2011. The Problem with Work: Feminism, Marxism, Antiwork Politics and Postwork Imaginaries. Durham: Duke], in which calls for the valuing of unpaid work as a viable form of labour have been reanimated. In this article I examine the relation between these two analytic categories – ‘postmaternal’ and ‘postwork’. Both categories require that we re-think some of the most trenchant issues in feminist thought – the sexual division of labour, the place of ‘reproduction’ in psychic and social life, and the possibilities for a new feminist commons.     

Women with(out) class: social workers in the twentieth-century United States

This article examines women's work culture in professional-managerial labor in the twentieth-century United States through a history of social workers, an occupation particularly well suited to examine how race and gender shape work cultures. It suggests a chronology for understanding the changing ways in which social workers adopted middle-class identities that draw upon both professionalism and unionism. Imaging themselves variously as workers and ‘middle-class’ professionals, each identity had implications for their ability to understand and respond to the changing working conditions at both the beginning and end of the twentieth century that threatened to undermine them. Middle-Class Worker and Professional Worker identities in the 1930s and 1960s armed male and female social workers to defend their unions and fight for their clients against economizing bosses, and miserly state politicians. At the end of the century, however, the rush of social workers into the role of therapists gave them a work identity that relatively disempowered them to deal with the welfare cutbacks or the new work of deindustrialization with ‘jobless recovery’.     

women,migration and precarity

This focus group took place at the Università di Napoli ‘L'Orientale’ and was structured around recent female migration patterns in the south of Italy. The discussion included academics, artists, and care workers. The condition of women migrants was seen as one of precarity in the two main contexts we discussed: work and places of encounter. In an effort to move away from the purely material dimension of migration and deal with its emotional and creative sides, many facets of the question of being away from home and creating a new home were fleshed out: expectations, defence mechanisms, nostalgia, stereotyping, racism, and multiculturalism. Participants raised a wide range of issues and proposed different perspectives which also point to larger tensions and challenges in gender and race relations.     

Schol-age child care and equal opportunities

The work involved in looking after children may be paid or unpaid, at home or in institutions outside the home. The main emphasis of this article is on mothers as unpaid care workers for their own school-age children. It describes the nature of child care in general terms, but looks especially at school children and their specific dependencies. In particular it focuses on one public intervention towards children and the ways in which this affects their mothers: namely, the state requirement that children between certain ages should be educated, together with the provision of schools to meet this requirement. This provides a starting point for a discussion of ways and means of extending care provision for school-age children and releasing mothers from their marginalised position in the labour force.     

Beyond Liberalism: Marxist Feminism,Migrant Sex Work,and Labour Unfreedom

In this article, I use a Marxist feminist methodology to map the organisation of migrant sex workers’ socially reproductive paid and unpaid labour in one city and country of arrival, London, UK. I argue that unfree and ‘free’ (sexual) labour exists on a continuum of capitalist relations of (re)production, which are gendered, racialised, and legal. It is within these relations that various actors implement, and migrant sex workers contest, unfree labour practices not limited to the most extreme forms. My analysis reveals that many migrant sex workers have very limited ‘freedom’. This is in stark contrast to the classical liberal claim of sex worker rights activists and academics that the vast majority of migrant sex workers are free, and therefore not coerced, exploited or trafficked. I then consider whether the emerging labour approach to trafficking could help achieve ‘freedom’ for migrant sex workers. Advocates argue that anti-trafficking efforts must, and can, be refocused on extending minimum labour and social protections to all vulnerable workers. I argue that this approach is disconnected from material interests and history. Rather, migrant sex workers, sex worker rights activists, and all migrant and citizen workers and activists globally must collectively organise against ‘labour unfreedom’ and hence for meaningful control over their labour and lives.     

Citizenship narratives in the face of bad governance: the voices of the working poor in Bangladesh

The complex nature of the challenge posed by state–society relations to the realization of citizenship rights in poorer countries reflects the unwillingness as well as incapacity on the part of the state to guarantee basic security of life and livelihoods to its citizens, and its proneness to capture by powerful elites. Identity, affiliations, and access to resources continue to be defined by one's place within a social order that is largely constituted by the ascribed relationships of family, kinship, and community. These ‘given’ relationships pervade all spheres of society and render irrelevant the idea of an impersonal public sphere that individuals enter as bearers of rights, equal in the eyes of the law. This paper explores the proposition that the possibility of belonging to alternative associations whose membership is chosen rather than ascribed by social position offers pathways to a more democratic social order. Bangladesh offers an interesting context to explore this proposition both because it embodies many of the problems of bad governance outlined above and because it contains a large number of civil society associations, many of which work primarily with the poor. The paper is based on interviews with members of some of these organizations in rural and urban areas of the country.     

Young women’s negotiations of gender,the body and the labour market in a post-feminist context

This article explores the ways the body and femininity is understood and negotiated in relation to employment. This article draws on interview data from an Australian study which aimed to explore what it meant to be a ‘young woman’ in neoliberal late modernity, and in relation to the paradoxes of post-feminism. Though there has been an unprecedented rise in youth post-secondary school participation in Australia and elsewhere, girls’ and young women’s increased investment and participation in education has not provided the same gains as for their male counterparts. All interview participants described being aware of gender inequalities and gender discrimination in the workplace, including the glass ceiling, the gender pay gap, and demands and pressures on women to balance career and motherhood, however many did not associate these issues with ‘feminism’. We explore the dynamics of notions of equality, difference and the body in participants’ discussions of work and their anticipation of motherhood and the logics by which gender inequalities are sustained.     

sexual assault as trauma: a Foucauldian examination of knowledge practices in the field of sexual assault service provision

This paper examines the deployment of the concept of psychological trauma in the field of sexual assault service provision, a field in which a feminist understanding of sexual violence has achieved a position of ‘truth’. Using a Foucauldian methodological approach, the investigation centred on service provision in New South Wales, Australia, and analysis focused on the everyday practices of workers illuminated through documents collected from the field, in particular the interview texts produced from interviews with thirty sexual assault practitioners. The paper focuses on the adult survivor of child sexual assault who emerged in the study as the most traumatised category of victim. I lay out how ‘trauma’, specifically the concept of ‘complex trauma’, operates as the conceptual (emotional, relational, neurobiological) link between past abuse and current problems, redefining them not as ‘problems’ but as the symptoms or effects of untreated childhood trauma. I argue that in the local field this deployment is simultaneously enabling and problematic. The production of a subject position of ongoing ontological vulnerability has the effect of repositioning the ‘adult survivor’ outside the socio-political context of their current lives and as such appears misaligned with a feminist ‘regime’ centred on enabling practices and structural gender inequality. However, I demonstrate how this same knowledge of the neurobiological, relational and emotional effects of trauma on the survivor self is used by practitioners as part of their established feminist practices of enabling victims to regain a sense of power and control, of interrupting blame and working for victims at a broader systemic level. The research adds to feminist research and commentary that has drawn critical attention to uptake of trauma in sexual assault work by showing the specificity of how trauma operates in a specific location, and illustrating both the potential and the problematic aspects of trauma as a feminist knowledge practice.