Feminism and the Flat Law Theory

This article examines two modalities of law, depicted spatially as the vertical and the horizontal. The intellectual background for seeing law in vertical and horizontal dimensions is to be found in much socio-legal scholarship. These approaches have challenged the modernist, legal positivist and essentially vertical view of law as a system of imperatives emanating from a hierarchically superior source such as a sovereign. In keeping with the socio-legal critical tradition, but approaching it from the perspective of legal philosophy, my aim is to address three matters. First, why is vertical law problematic for feminists? Second, what are the theoretical characteristics of law in its horizontal register? Third, how is an appreciation of this ‘flat’ law useful for feminist legal theory and practice? In particular, I consider the ways in which feminist legal theory operating in the horizontal dimension can transgress, without transcending, the vertically determined perimeters of the nation state.     

Law and the Power of Feminism: How Marriage Lost its Power to Oppress Women

In Feminism and the Power of Law Carol Smart argued that feminists should use non-legal strategies rather than looking to law to bring about women??s liberation. This article seeks to demonstrate that, as far as marriage is concerned, she was right. Statistics and contemporary commentary show how marriage, once the ultimate and only acceptable status for women, has declined in social significance to such an extent that today it is a mere lifestyle choice. This is due to many factors, including the ??sexual revolution?? of the 1960s, improved education and job opportunities for women, and divorce law reform, but the catalyst for change was the feminist critique that called for the abandonment (rather than the reform) of the institution and made the unmarried state possible for women. I conclude that this loss of significance has been more beneficial to British women in terms of the possibility of ??liberation?? than appeals for legal change and recognition, and that we should continue to be wary of looking to law to solve women??s problems.     

Harm,Consent and the Limits of Privacy

Within the context of U.K. law, the right to respect for private life, articulated in Article 8 of the European Convention on Human Rights, and acknowledged more opaquely in domestic legislation and case law, is one whose scope is unclear. Nowhere is this brought into sharper relief than in cases where conduct which manifests a person’s sexual identity, or concerns her intimate relations with others, is prima facie criminal. In this essay I attempt, through a discussion of cases in which injury is caused in the context of relationships experienced inter-subjectively as private, to explore the contexts in which the law is prepared to legitimate that inter-subjective experience, and where it is not. Using cases in which injury has been caused purposively (in S/M sex), and incidentally (through the reckless transmission of HIV during sexual intercourse), the essay argues that the law is prepared to respect the right to respect for private life only in so far as the private life concerned is one which reinforces traditional gender roles and relationship types; in short, a life that one would be prepared to live publicly.     

``I'd Rather Keep Him Chaste.' Retelling the Story of Sterilisation, Learning Disability and (Non)Sexed Embodiment

This note examines two recent judgements of theEnglish Court of Appeal, Re S.L. and ReA., concerning the sterilisation of a womanand a man with learning disabilities. The casesare significant for health care lawyers in thatthey effect a reworking of the common lawdoctrine of necessity, which serves as thelegal justification for providing medicaltreatment to adults lacking capacity to giveconsent. The cases are also significant forfeminist scholars engaged in the project of`sexing' the subjects of legal discourse (forexample, Naffine and Owens, 1997). Thejudgments of Re S.L. and Re A.,consistent with earlier sterilisation cases,fail to offer a conception of learning disabledsubjects as `sexed'.     

Sex Positive: Feminism,Queer Theory,and the Politics of Transgression

From the feminist ‘sex wars’ of the 1980s to the queer theory and politics of the 1990s, debates about the politics of sexuality have been at the forefront of contemporary theoretical, social, and political demands. This article seeks to intervene in these debates by challenging the terms through which they have been defined. Investigating the importance of ‘sex positivity’ and transgression as conceptual features of feminist and queer discourses, this essay calls for a new focus on the political and material effects of pro-sexuality.     

The Liquefaction of Desire: Music,Water and Femininity in Victorian Aestheticism

This article reconsiders Victorian images of mermaids and sirens through a detailed examination of two images: Frederic Leighton's Lieder ohne Worte (1861, oil on canvas, Tate Britain) and Edward Burne-Jones's The Depths of the Sea (1886, oil on canvas, private collection). It demonstrates that the themes of water, music and femininity were entwined in the Victorian imagination, by setting these two paintings within the context of Victorian artistic, literary and cultural production. It shows that musical images were prevalent in the emerging Aesthetic movement. Musical subjects freed artists and audiences from the conventions of narrative interpretation, and allowed them instead to concentrate on exploring mood and colour.

Pictures of mermaids add a further twist to the Aesthetic preoccupation with music. This article reveals that mermaids made explicit the underlying connection between musical performance and sensuality. It also suggests that the idiosyncratic depiction of the mermaid by Burne-Jones and the ambiguous sexuality of Leighton's figures could be read as symptomatic of changing conceptions of desire. It argues that these images embodied the shift from ardour to libido. In other words, love was no longer described as burning and fixed, but as fluid and shifting. This transformation in the way desire was theorised was most urgently presented in Freud's Three Essays on Sexuality (1905). However, this article suggests that the same ideas were being made visible in Aesthetic art and writing from the mid-nineteenth century.     

The Gothic,the Death Drive and Angela Carter

Abstract

This essay situates Angela Carter's The Bloody Chamber and Other Stories (1979) in a 1970s era in which a feminist reclaiming of various things—the streets, the night, as well as fairy tales—is the order of the day. It examines the complex nature of Carter's status, in this context, as a controversial writer. Is Carter a writer who contests or colludes with the forms of reality presented in and by her fiction? This question may be seen as framing the main debate about Carter as a ‘problematic’ or ‘polarizing’ figure. The different sides of this argument are assessed in this essay. From reading ‘The Bloody Chamber’ as an exemplary reworking of the Gothic, and itself one of Carter's fictions of the death drive, the essay reaches a clear conclusion of its own regarding the vexed contest/collude dimension of Carter's storytelling.     

American Dance Pioneer Martha Graham and the Ghosts of Feminism

Abstract: The essay explores the mutual haunting between American modern dance pioneer Martha Graham and feminism. This troubling arises from the confusion between what can be considered the predominantly feminist character of Graham's life and work coupled with Graham's outright rejection of a feminist consciousness. The author suggests that this ambivalent situation allows for an ever increasing complex but fruitful discussion of Graham's possible feminist identifications and their effects. The essay first argues for the performanative force of ‘doing’ a feminist identity as a foil for Graham's public written reputation of feminism. It then charts both the changing cultural and social beliefs of and about women in the twentieth century alongside Graham's specific geographical, social, cultural and historical placement in that history and its possible impact on her processes of identification. The essay then makes a close contextual reading of one of Graham's works of the early 1930s, Primitive Mysteries (1931), to illustrate its radical conception of the female body both at the time of its premiere and over subsequent reconstructions. The author finishes by arguing that the question of Graham's feminism is an important one because it remains unanswered.     

Feminism,peace, and civil liberties: Women's role in the origins of the World War I civil liberties movement

Historians of the women's movement in the World War I era tend, understandably, to concentrate on the final heroic chapter of the suffrage campaign. Since the majority of suffragists followed their leader, Carrie Chapman Catt, into the war effort after April 6, 1917, suffragist‐feminist patriotism is a dominant theme. Recently historians have begun to chronicle women's pre‐war and wartime peace work, particularly through the aegis of the Woman's Peace Party, founded in early 1915.¹ Women's civil liberties activism during the war and in the Red Scare aftermath is still uncharted terrain. There is, to date, little appreciation of the way the World War I era experience in the United States influenced a small but determined and articulate number of left‐wing feminists to become civil‐libertarian activists. In this article I examine women's involvement in several important civil liberties organizations and argue that the convictions and activities of women not only helped to shape the agenda of the burgeoning civil liberties movement but also to influence federal public policy, particularly with respect to treatment of conscientious objectors, political prisoners, and “enemy aliens.” I also suggest that some feminists involved in both antiwar and civil liberties work during the war era came to see how militarism, war, and misogyny are related in western society, an insight which informed the thought and activities of the post‐war women's peace movement.     

Citizens of their World: Australian Feminism and Indigenous Rights in the International Context, 1920s and 1930s

Inter-war Australia saw the emergence of a feminist campaign for indigenous rights. Led by women activists who were members of various key Australian women's organizations affiliated with the British Commonwealth League, this campaign proposed a revitalized White Australia as a progressive force towards improving ‘world’ race relations. Drawing upon League of Nations conventions and the increasing role for the Dominions within the British Commonwealth, these women claimed to speak on behalf of Australian Aborigines in asserting their right to reparation as a usurped people and the need to overhaul government policy. Opposing inter-war policies of biological assimilation, they argued for a humane national Aboriginal policy including citizenship and rights in the person. Where white men had failed in their duty towards indigenous peoples, world women might bring about a new era of civilized relations between the races.     

试论劳动美学的应用与和谐劳动关系的建立

劳动美学与劳动关系学属于不同的学科范畴,但二者的内在关系非常密切。将有关“劳动过程”、“劳动者自身”、“劳动产品”美学问题研究的成果融入劳动关系研究之中,对实现和谐劳动关系并进而构建和谐社会具有十分重要的理论价值和现实意义。