GO AHEAD, GO AWAY: A Poem by Fatoumata Keita, Mali Translated by Judith G. Miller

Translator's Note: This poem originally appeared in French in May 1999, in the first issue of a new Malian poetry review: Kuma, the literary magazine of the Union of Young Malian Writers. My former New York University in Paris student, Laura Starecheski, helped launch the review while studying in Bamako. An activist, sensitive writer, and reader herself, Laura seeks out women's voices wherever they can be heard. She especially wants people to be aware of Fatoumata Keita, a 23-year-old poet. I think that Laura Starecheski and Fatoumata Keita are part of the linking chorus of women connecting us to each other across continents and oceans. To me, they are the “inheritors”: carrying on, with their distinctive vehement energy, the life-long intellectual and emotional commitment of feminists such as Claire Duchen. Those interested in supporting this Malian writers' project should write to: KUMA, BP E3026, Bamako, Mali, West Africa.     

Feminism, Aestheticism and the Limits of Law

This article seeks to identify and address the normative void that resides at the heart of postmodernist-feminist theory, and to propose a philosophical framework – beyond postmodernism, but incorporating its central insights – for thinking through the normative questions with which feminists are inevitably confronted in their engagements with positive law. Two varieties of postmodernist-feminism are identified and critically analysed: the ‘corporeal feminism’ of Elizabeth Grosz and Judith Butler, which seeks to ground feminist critical practice in the irruptive capacities of the material body considered as an arte fact of social construction; and the deconstructionist feminism of Drucilla Cornell, for whom ‘the feminine’ is an indeterminate but disruptive force beyond its construction in law and in other social sites. The first component of the argument elaborated here is that each of these approaches ultimately reduces to a form of aestheticism which is incapable of generating a worthwhile and workable feminist approach to the restructuring of politics and law. The second component of the argument involves a return to aesthetics, in particular to the philosophical aesthetics of Kant’s Critique of Judgement. Kant’s aesthetic philosophy, it will be suggested, yields a framework of concepts which, duly re-manipulated, could speak to the very concerns that have inspired postmodernist-feminism: how to attend to (bodily) particularity while avoiding the dangers associated with ‘essentialism’; and how to theorise the propensity of the unrepresentable power of the feminine to exceed both embodied human capacities and the confining rein of socially privileged rationalities. Crucially, however it also responds to a set of preoccupations – those of the feminist lawyer – that cannot be accommodated by postmodernism: how to translate embodied experience into (legal) norms; generalise from the particular; seek consensus; and codify an endless potentiality in the form of law. This revised version was published online in July 2006 with corrections to the Cover Date.     

Personal Narratives, Social Justice, and the Law

North American writer Joan Didion’s eloquent testimonial speaks to the significance of storytelling in our lives. Personal storiesmake our lives meaningful. Part of this is because our stories, wittingly or not, become the means through which we fashion our identities for listeners. Or, as scholars from many disciplines have argued, identity and selfhoodare narrative accomplishments. In this formulation, an individual constructs a sense of self by telling stories or “personal narratives,” which describe “the evolution of an individual life over time and in social context” (Maynes et al. in Telling stories: the use of personal narratives in the social sciences and in history. Cornell University Press, Ithaca, 2008, 2). While personal narratives contain unique autobiographical elements, the logics of storytelling and the values and beliefs of a particular time and place also influence the kinds of stories people tell. As feminist historian Mary Jo Maynes and her coauthors argue: “The stories that people tell about their lives are never simply individual, but are told in historically specific times and settings and draw on the rules and models in circulation that govern how story elements link together in narrative logics” (2008, 2). Put another way, even the most idiosyncratic story is always in some way social: what narrators decide to tell is often guided by the expectations of audiences (real or imagined); the conventions of various genres (such as life history or autobiography); as well as the broader cultural narratives located in particular historical times and places. In this light, personal narratives at once provide evidence of a storyteller’s viewpoint and experiences as well as the social and cultural milieu in which they live.     

Surety Wives in the House of Lords: Time forSolicitors to `Get Real'?Royal Bank of Scotland plc v. Etridge (No. 2) [2001] 4 All E.R. 449

This note considers the recent House of Lordsdecision in Royal Bank of Scotland plc. v.Etridge (No. 2). It concerns the familiarscenario of a wife jointly mortgaging (orproviding a guarantee for a mortgage of) thefamily home in order to secure financialsupport for a business run by her husband. Ina landmark judgement, Lord Nicholls set out newand specific procedures to be followed bylenders and solicitors who are providingindependent advice, in order to counter anyargument by the wife that the charge should beset aside because her signature on the lender'scharge has been obtained by the undue influenceof her husband. This note considers the impactof the decision upon the parties involved insuch transactions. Special consideration isgiven to the surety wife and her chances ofdefending possession proceedings brought bylenders in the post Etridge era.     

《工会法》修改的核心是进一步突出工会的维护职能

九届全国人大常委会第二十四次会议审议通过了《关于修改 <中华人民共和国工会法 >的决定》。这次《工会法》修改的核心是进一步突出工会的维护职能。围绕这一核心 ,新《工会法》明确规定平等协商与集体合同制度、职工代表大会制度是我国社会主义市场经济条件下工会维护职工合法权益的两大主要手段。同时《工会法》对工会的组织建设、工会干部的保护以及法律责任等 ,也都作出了新的规定 ,为工会更好地履行自己的各项社会职能创造了必要的法律条件和环境。