Sexual Abuse and Claims in Tort: Limitation Periods After <Emphasis Type="Italic">A v</Emphasis><Emphasis Type="Italic">Hoare (and Other Appeals)</Emphasis> [2008] and <Emphasis Type="Italic">AB and Others v Nugent Care Society; GR v Wirral MBC</Emphasis> [2009]

The claimants brought civil suits against child care institutions and authorities for the sexual abuse to which they were subject whilst under the defendants’ responsibility. These cases were not initiated until the claimants were well into adulthood and began recognising the harms they had suffered, and as a result, their claims were time-barred at first instance. However, after A v Hoare (and Other Appeals), in which the House of Lords significantly altered the laws on limitation, their cases were reheard and allowed to proceed. In this respect, AB and Others v Nugent Care Society; GR v Wirral MBC demonstrates the benefits of the ruling in Hoare; but at the same time, this note argues that the Court of Appeal utilises a problematic conceptualisation of the harm of sexual abuse and the case highlights the potential for inconsistency and uncertainty in such delayed claims following the decision in Hoare—which is not the panacea it initially appears to be.     

speculating Latina radicalism: labour and motherhood in <Emphasis Type="Italic">Lunar Braceros 2125</Emphasis>-<Emphasis Type="Italic">2148</Emphasis>

This essay unpacks the utopian impulse in Rosaura Sánchez and Beatrice Pita’s novella Lunar Braceros 2125-2148 (2009). As speculative fiction that has strong, explicit critiques on labour and globalisation, Lunar Braceros crafts a future-historical and future-present world where racialised forms of labour exploitation are the norm. The novella offers the radical response of worker revolution that can only ever be a potential and desire. The novella does this by presenting an ambivalent labour politics that results in the dismantling of the family as a heteronormative unit and that depend on the figure of the lost radical mother. The intervention this essay makes into Latina/o studies and feminist studies is to rearticulate the figure of motherhood through a specific lens of radicalism that is both queer and proletarian. By thinking about Latina radicalism through the intersections of labour, gender and non-normative sexuality in the novella, we see that the lost mother figure disrupts capitalist patriarchy by offering radical potentiality.     

What a Difference a Decade Makes: <Emphasis Type="Italic">Coming to Power</Emphasis> and <Emphasis Type="Italic">The Second Coming</Emphasis>

A critical look at two books, Coming to Power – Writings and Graphics on Lesbian S/M, published in 1981, and its ‘long awaited sequel’, The Second Coming – A Leatherdyke Reader, published in 1996, yields many differences and similarities. Both books have been judged negatively or positively on the basis of their sadomasochistic content and in line with knee-jerk positions around the lesbian ‘sex wars’ of the 1980s. The feminist politics represented in each book and the connections to more general lesbian feminist concerns and developments of either the late 1970s (Coming to Power) or the late 1980s and early 1990s (The Second Coming) are often overlooked or dismissed. Comparing the kind of sex acts and personas fetishized in each book as well as the claims made for lesbian sm by its adherents often reveals more than the writers may have intended. A more nuanced reading of both books also reveals connections between lesbian feminism, particularly lesbian radical feminism and the sm dykes. Rather than being the ‘illegitimate children’ of lesbian feminism, as Coming to Power maintained in 1981, it is clear now that sm dykes and lesbian feminists are strange sisters who needed each other to define their particular politicized identities.     

mediations on making <Emphasis Type="Italic">Aaj Kaal</Emphasis>

This article excavates a discussion on the mediations that informed the making of the film Aaj Kaal by Asian elders, in a project directed by Avtar Brah and coordinated by Jasbir Panesar with the film trainer Vipin Kumar. It brings this largely unknown and inventive film to the foreground of current developments in participative media research practices. The discussion explores the coming together of the ethnographic imagination and performative pedagogies during the course of an adult education community project centred on South Asian elders making a film. Collaborative dialogic encounters illuminate post-war British front rooms, the seaside and public spheres from what is usually an unlikely vantage point of view in public accounts.     

to be <Emphasis Type="Italic">pure</Emphasis> or not to <Emphasis Type="Italic">be</Emphasis>: Gandhi,women, and the Partition of India

This article examines Gandhi's writings, speeches, and correspondence, produced mainly from 1946 to the end of his life, on the subject of violence against women during the riots surrounding the Partition of the Indian subcontinent. Gandhi, the article demonstrates, persistently fails to address the gender pathology revealed at the heart of South Asian society by these violations, a pathology to which men were subject, but of which women were the victims. The article compiles a comprehensive overview of Gandhi's shifting positions during this brief, though cataclysmic, period, in the belief that in so doing a certain core aspect of mainstream Indian nationalism's patriarchal underpinnings can be laid bare to critique.     

Feminist Recoveries in <Emphasis Type="Italic">My Father's House</Emphasis>

One of the achievements of feminist politics, in a range of disciplines and practices, has been to secure a hearing for traumatic narratives of incest. Recently, however, the debate in the public domain seems overwhelmed by what has come to be known as ‘the memory wars’. Fathers accused by adult daughters have dismissed the possibility that traumatic childhood memories can be recovered, largely on the grounds of science and reason. This response of accused fathers would seem to drive out other ways of reading and interpreting the traumatic histories of the cultures we inhabit. On the other hand, feminist responses to narratives of incest are complicated by the desire for appropriate endings. Taking Sylvia Fraser's autobiography, My Father's House: A Memoir of Incest and Healing (1989, 1992) as an exemplary text, this article explores the difficult implications for adult women who commit to literary writing their memories of incest. In particular, how can feminism respond to an incest survivor who wants to forgive her father?     

Weird Lullaby Jane Campion's <Emphasis Type="Italic">The Piano</Emphasis>

This article examines the construction of woman's voice, gaze and desire in Jane Campion's Oscar-winning film The Piano, 1993, with particular reference to the film's central character, Ada, and to the traditional female figures which her character suggests - siren, mermaid, Little Red Riding Hood, Bluebeard's wife. It investigates the ways in which The Piano interrogates and disturbs traditional patriarchal narratives, ways of speaking and seeing, and patriarchal constructions of bodily pleasure and desire; revealing these as partial, hard of hearing, short sighted and incapable of pleasure. It argues that while the film succeeds in this interrogation, it goes further in its attempt to envisage forms of speech, sight and pleasure which do not conform to traditional models based on the notion of rigid oppositions between self and other, masculine and feminine, active and passive. Instead, by focusing on mutual pleasure, sensuality, communication and the ability to be moved, it sets in motion ‘other’ ways of experiencing and understanding women's voices, looks, desires.It concludes that The Piano articulates a demand for an encounter with men, in which women are neither marginalized as ‘the feminine’ nor re-incorporated into a patriarchal order; and imagines the possibility of both autonomy and connection, power and pleasure.     

<Emphasis Type="Italic">Zina</Emphasis> and the moral regulation of Pakistani women

From 1998 to 1999, I interviewed women who had been incarcerated under the Zina Ordinance (zina means illicit sex) in Pakistan. This led me to an examination of women's moral regulation by their families, a process in which I maintain the state is complicit. I argue against relativist explanations of this process, which view Pakistani culture or notions of timeless Islam as the reason for women's incarceration. Instead, I examine the interconnection of morality with the legal/judicial structures, the relationship between the state and patriarchy within families, and the plight of impoverished women in Pakistan within an era of globalization. In my analysis, I link economic development and human rights to globalization and the continuing costs of militarization. Such connections allow feminists to target the structural conditions that sustain the laws in Pakistan and help create an environment that will bring about the repeal of the laws while contributing to trans-national feminist solidarity.     

The power of the ordinary subversive in Jackie Kay's <Emphasis Type="Italic">Trumpet</Emphasis>

In Jackie Kay's award-winning novel, Trumpet (1998), the main character Joss Moody, a celebrated jazz trumpet player, is discovered upon his death to be anatomically female. The essay traces both postmodern and humanist affirmations of constructions of self-hood. Situating Virginia Woolf's version of a metaphysical and escapist androgyny as one kind of aesthetic against the material politics of the transgendered subject, the essay argues that Kay's novel can be seen as part of a 20th century tradition of literature and film which satirizes, parodies and painfully exposes the discontinuities of dominant sex–gender systems. The essay ends by arguing that Kay also develops these systems by imbricating sex and gender within a series of dislocated familial, sexual and racial identities, beginning with the arrival of Joss's African father in Scotland at the beginning of the 20th century.     

the ambivalence of colonial desire in Marguerite Duras's <Emphasis Type="Italic">The Lover</Emphasis>

This paper analyses the notions of desire and metissage that circulate in The Lover, Marguerite Duras's autobiographical novel about an illicit and scandalous sexual relationship between an adolescent French girl and a wealthy Chinese man set in 1920s French colonial Siagon. Rather than celebrate The Lover as a tale of a young French girl's resistance to colonial sexual mores and regulations, this paper seeks to excavate how that resistance both affirms and challenges the racializing and racist dynamics of colonial society. In particular, I explore the intertwining discourses of colonial sexuality, gender, race, and Orientalism that both produced and constrained the specific forms of desire and subjectivities available to and taken up by European women in French Indochina, and that circumscribe the story that Duras is able to tell about the French girl's love affair in The Lover. I suggest that Duras's portrayal of the French girl as a sexually autonomous female subject – one whose erotic relations are not bound by the dictates of colonial patriarchy – is made possible only by the ambivalent structure of the girl's desire, by her simultaneous attraction to and repulsion of the racialized others of the French colonies.     

The Problem with <Emphasis Type="Italic">Hobby Lobby</Emphasis>: Neoliberal Jurisprudence and Neoconservative Values

This article explores the relationship between neoconservative values and neoliberalism in American jurisprudence through a critique of the US Supreme Court’s Hobby Lobby decision. The article uncovers how the Court imposes market-oriented logic on religious expression and in the process spiritualizes economic activity. In this way neoliberal rationality is intertwined with neoconservative values. For example, exercising religion through corporatization can be understood as a neoconservative moderation of the corrupting influence of excessive neoliberal individualism. Finally, while the decision furthers employer control of workers’ reproduction, the Court’s proposed workaround—a direct government contraceptives program—would undermine that control and points to another, more emancipatory response to the problems of neoliberalism.     

Pat Cadigan's <Emphasis Type="Italic">Synners</Emphasis>: Refiguring Nature,Science and Technology

This article analyses an anti-essentialist SF novel, focusing on the extent to which A anti-foundationalism enables a more accurate as well as a more productive representation of postmodernity. My argument stresses the ways in which Pat Cadigan's novel Synners, mostly because of its remarkable narrative form, challenges some of the most dangerous norms and normativity of American thought and culture. I argue, that, in order to understand this complex novel correctly, we must approach technoscience and transnational capitalism as separate, interacting discourses and material practices. The representations of technoscience, in the novel, are definitely not ‘figures’ for late capitalism: they are representations of a discourse which interacts with capitalism in the fictional world as in the real world.Contrary to what has been suggested by a number of critics writing about Foucault, use of this notion of discourse does not preclude use of notions of agency. As the queer theorists who have drawn on Foucault's work show, agency can be theorized in terms compatible with the notions of discourses, material practices and technologies. My discussion of Synners thus focuses on questions of agency, showing how Cadigan uses a deconstruction of Judeo-Christian religious tropes to argue for a responsible, and knowledgable, ‘incurably informed’ approach to technology.