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This paper has arisen from my interest in questions ofsubjectivity of primary concern to contemporaryfeminist jurisprudence. Rather than side with anyparticular view represented in the debates surroundingthese questions, I have used Foucault's concept ofepisteme to explore the tradition of feministlegal thought. By focusing upon seventeenth-centurywomen's writings in which the earliest statementslinking law to women's oppression are to be found, thepaper argues that knowledge claims about law'sassociation with women's oppression are predicated notupon the positing of a sovereign feministconsciousness, but upon the specific positivities ofknowledge which existed at the time. Theunderstanding of the birth of the feminist legaldiscourse in terms of the specific conditions of itspossibility, although historically contextualised,raises questions about the hitherto seeminglyunassailable adherence to subjectivist epistemologywhich the current feminist engagement with lawmaintains. 相似文献
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Authors Index
Author Index of Volume 8 相似文献5.
Maria Drakopoulou 《Law and Critique》2007,18(3):331-360
Feminists have so often declared and celebrated the fecundity of the relationship between feminism and legal reform that critique
of legal doctrine and norms, together with proposals for their reconstruction, have become the hallmarks of the modern feminist
engagement with law. Yet today the long-cherished ‘truth’ about law’s potentially beneficial impact on women’s lives has started
to fade and the quest for legal change has become fraught with problems. In responding to the aporetic state in which feminist legal scholarship now finds itself, this paper offers a recounting of the relationship between feminism
and the politics of legal reform. However, in so doing, it seeks neither to support nor to oppose these politics. Instead,
it explores the historical contingencies that made this discourse possible. Utilizing Foucault’s concept of episteme, it demarcates the nineteenth century as the historical moment in which this discourse arose, and tracing the epistemic shifts underpinning the production of knowledge, locates its positivities at the interface of the time’s episteme and the discourse of transcendental subjectivity that it engendered.
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Maria DrakopoulouEmail: |
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Maria Drakopoulou 《Crime, Law and Social Change》2002,38(4):399-400
Publications Received
Publications received 相似文献7.
Maria Drakopoulou 《Feminist Legal Studies》2000,8(2):199-226
The object of this essay is to explore the central role played by the ‘ethic of care’ in debates within and beyond feminist
legal theory. The author claims that the ethic of care has attracted feminist legal scholars in particular, as a means of
resolving the theoretical, political and strategic difficulties to which the perceived ‘crisis of subjectivity’ in feminist
theory has given rise. She argues that feminist legal scholars are peculiarly placed in relation to this crisis because of
their reliance on the social ‘woman’ whose interests are the predominant concern of feminist legal engagement. With the problematisation
of subjectivity, the object of feminist legal attention disappears and it is in attempts to deflect the negative political
consequences of this that the ethic of care has been invoked, the author argues, unsuccessfully. The essay concludes with
suggestions as to how the feminist project in law might proceed in the wake of the crisis of subjectivity and the failure
of the ethic of care to resolve it.
This revised version was published online in July 2006 with corrections to the Cover Date. 相似文献
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