The Partisan: Carl Schmitt and Terrorism

This article critiques and expands upon the jurisprudence of law’s violence from feminist and lesbian/gay/queer perspectives. The incorporation of gender and sexuality into the jurisprudence of law’s violence, via the social experiences of women and gay men, highlights the masculine and heteronormative character of law’s violence, while bringing into view particular forms of law’s violence, and forms of extra-legal but thoroughly legitimate heterosexual male violence, that have remained invisible in previous accounts. A feminist analysis of violence also suggests that law’s regime of violence is neither totalising nor inevitable, and that possibilities for resistance, if not avoidance, do exist.