More than a Woman? Embodiment and Sexual Difference in Medical Law

This article examines law’s representation of embodied female identity in the context of two medical law cases, R. v. Human Fertilisation and Embryology Authority, ex parte Blood andB v. Croydon Health Authority. Through an examination of contemporary critiques of female embodiment, in particular the work of Judith Butler, two discursive strategies are suggested for their potential to reconfigure the sexed subject within legal discourse. Firstly, the act of transgression – the flight from purportedly fixed subject positions – can be read in the case of Bloodand calls into question law’s ability to contain and sustain sexed identity as prediscursive and immutable. Secondly, the exposure of the historical formation of the female subjects of legal discourse, demonstrated through a genealogical reading of B v. Croydon Health Authority, contributes to the feminist theoretical project to destabilise traditional gender categories and enables us to think beyond the category of ‘Woman’. This revised version was published online in July 2006 with corrections to the Cover Date.     

A Letter Sent,Waiting to be Received: Queer Correspondence,Feminism and Black British Art

Abstract

This article examines what the published letter does as a form that is both intimate and public, and how it is particularly resonant when dealing with the silences and absences around queer and feminist artist of colour histories. Connections are made between three letters published in feminist and queer journals and books, written for readers who may include the writers’ loved ones, friends, contemporaries, and future readers. These three letters are contained within the following publications: Surviving Art School (2016) by the group Collective Creativity, a QTIPOC artist group who made the publication as part of a wider project examining the history of Black British Art (members are: Evan Ifekoya, Raisa Kabur, Rudy Lowe and Raju Rage); a special issue of FAN (Feminist Arts News) edited by Lubaina Himid and Maud Sulter in 1988, the precursor to the more well-known collection Passion, edited by Sulter in 1990; ending with Himid's recent reflections on her curation in the 1980s through a series of ‘Letters to Susan’ published in the 2011 catalogue for the exhibition Thin Black Line(s) at Tate Britain. Through close examination of these examples, this article explores the particularities of the letter form, asking if it allows feminist and queer artists of colour to present their experiences in a manner that encourages all their readers to take part in the conversation, whilst prioritizing calls for other people of colour to respond. The article proposes that the published letter form keeps feminist histories alive and creates a counterpublic that speaks to and for a community that is imagined as both geographically and temporally diffuse.     

A Defining Moment: A Feminist Perspective On The Law of Sexual Harassment in the Workplace in the Light of the Equal Treatment Amendment Directive

This article considers, from a feminist perspective, the introduction of the European Equal Treatment Amendment Directive (E.T.A.D.) and its impact on the law of sexual harassment in the United Kingdom. Since feminists identified sexual harassment as a problem for women in the 1970s, feminist legal scholars have focused their attention on the law as a means of redressing it. Bringing claims in the U.K. has been difficult because of the absence of a definition of sexual harassment and reliance in the Sex Discrimination Act 1975 on a comparator approach. These problems are illustrated by the recent House of Lords decision in Pearce v. Governing Body of Mayfield Secondary School(2003). The failure of the House of Lords in Pearce to understand sexual harassment as an issue of substantive equality for women makes the introduction of the European law all the more the pressing. The author discusses the implications of the changes embodied in the E.T.A.D. in the light of feminist theory. She argues that the changes envisaged constitute welcome developments which will make it easier to remedy workplace sexual harassment. However, it is also likely that problems will remain for women in establishing sexual harassment claims, particularly if concepts of reasonableness and unwelcome behaviour continue to form part of the legal definition. This revised version was published online in July 2006 with corrections to the Cover Date.     

Inventive Feminist Theory: Representation,Materiality and Intensive Time

Abstract

This article examines key arguments on the relations between bodies and images developed in the context of the discursive turn to consider what light a feminist materialist approach might shed on them. Rather than set the discursive and materialist ‘turns’ in opposition to each other, the author tries to draw connections between different theories of the relations between bodies and images, and unpack how certain feminist concerns are approached from different angles in different historical and intellectual contexts. To do this, the author focuses on the prevalence of images of transformation in contemporary visual culture and analyses them in terms of how both ‘new materialist’ and feminist theories grapple with the worlds they engage with, where change and transformation are seen as key. The author takes up three specific and related points that are currently being debated in feminist materialisms: (1) the concept of representation and, more widely, representational thinking; (2) the concept of causation and an understanding of time as non-linear, intensive and inventive; and (3) the understanding of theory as immanent and inventive. Drawing on insights developed in both the discursive and materialist ‘turns’, the author focuses on how bodies and images are entangled together as material assemblages and, in Barad's terms, how theories are performative of the phenomena they seek to understand. The article concludes by suggesting that such an understanding of theory as inventive might be a way of continuing to ensure the animation of feminism's transformative nature.     

Feminism Means Business: Business Feminism,Sisterhood and Visibility

ABSTRACT

By interviewing self-proclaimed feminists with small-scale businesses who sell feminist commodities, the aim of this article is to understand why and how the market has become an arena for doing feminism and what this can tell us about contemporary feminism. Using theories of postfeminism and popular feminism in combination with Lacanian discourse theory, the analysis shows that feminism is renegotiated into ownership by reshaping the feminist discourse of sisterhood into business support and advice. Furthermore, competition is reshaped into a positive value of expanding the feminist community, and making profit is reshaped into a feminist discourse of equal pay. Business feminism produces an individual, visible, affluent and entrepreneurial feminist subject who does not challenge economic structures or ownership conditions.     

La Nouvelle Vague: Epiphanies, Encounters, Events

A recent collection of essays,Feminist Perspectives on Law and Theory,is here taken as the starting point for an analysis of the political trajectory of feminist jurisprudence. The ‘new wave’ of feminism borrows much of its inspiration from continental theory – from Derrida, Deleuze and Irigaray – and has been subject to criticism for its attention to language and its turn towards culture and aesthetics. Reviewing the materialist bases of the new wave, and particularly its concern with the immediacies of the body and events, it is argued here that it represents a return to the radicalism of feminist legal theory. This revised version was published online in July 2006 with corrections to the Cover Date.     

The Ethic of Care, Female Subjectivity and Feminist Legal Scholarship

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.     

THE SEXUAL SUBALTERN IN CONVERSATIONS “SOMEWHERE IN BETWEEN”: LAW AND THE OLD POLITICS OF COLONIALISM

Ratna Kapur’s recent book entitled Erotic Justice proposes a new politics of postcolonialism whereby the sexual subaltern disrupts the normative principles of the universal, liberal, legal domain. Kapur traces legal strategies regarding censorship, sex-work, homosexuality, sexual harassment, trafficking and migration which travel a treacherous path, countering allegations of ‘unIndian’ and Western practice with cultural histories of ‘authentic’ sexual legitimacies, towards a new politics of desire. Kapur frames her analysis through postcolonial feminist theory as providing a tool for feminist struggle, yet distinct from and disruptive of a liberal project of global sisterhood. This review deeply values the role of the sexual subaltern which disrupts the tenets of a linear, progressive liberalism. Drawing upon Indian feminist and Western feminist perspectives, the review considers how the distinct position of the postcolonial sexual subaltern subject informs the generic role of law as a tool constructing relations of domination regarding gender, sexuality, caste, property and religion. Kapur observes that both the West and the Hindu Right have engaged with liberal legal principles. This engagement, I argue, exposes and informs law as a historical and contemporary tool of gendered legal colonialism, for sisters to disrupt across the Western and Eastern terrains.Review of Ratna Kapur’s Erotic Justice, Law and the New Politics of Postcolonialism, London: Glasshouse Press, 2005, 219 pp., ￡26, ISBN 1-90438-524-9     

Feminist legal theory and practice: rethinking the relationship

This article aims to contribute to the question of how to conceptualise the relationship between theory and practice in feminist scholarship in law. It looks in detail at the implications of different issues raised in a recent debate between Anne Bottomley and Ngaire Naffine on the existence of a “legal feminist orthodoxy”. I critique the dominance of ethics over politics and join Bottomley in her attack upon “the ethics of respect for the other”, albeit from a different position. I then look at the ways in which the problem of “essentialism” is being rethought from a feminist perspective.     

A Quest for Feminist Space and Time

Abstract

This article offers an investigation of practical and political aspects of new materialism on the basis of texts accepted for publication in Women: A Cultural Review. The authors emphasize various political strategies that appear in the collected essays; above all they stress the practical aspects of theory itself. Theory as praxis is a concept inspired by contemporary philosophers such as Georges Canguilhem, Gilles Deleuze, Michel Foucault and Donna Haraway. It can also be the basis for a politics of location and it highlights the importance of being situated in specific sociocultural, historical, local and geographical contexts. The authors raised the question of the potential alliances between their specific, Polish context and the possibility of participating in and creating a broader feminist movement, which proves to be possible thanks to a variety of perspectives that are considered important and worth considering in new materialism. In the article, the Polish Kongres Kobiet (‘Women's Congress’) initiative is presented as a platform for feminist activity which combines various kinds of political, social and cultural interests, concerns and goals. Along with the importance of space for feminist politics, the authors consider time as a crucial constituent of feminist activism. Both rethinking the past—tradition, heritage, history—and directing reflection towards the future hopes, possibilities, politics and theories, constitute important characteristics of the new materialism approach. The authors conclude by introducing the notion of the ‘politics of squatting’, which serves as a metaphor for a feminist quest for space and time.     

Anna Kavan’s Ice and Alan Burns’ Europe After the Rain: Repetition with a Difference

Abstract

While Anna Kavan’s work has been largely ignored by critics, the responses of those who have noticed her have been dominated by two assertions. First, many of those wishing to assert her importance and power have seen her work as sui generis, the result of her isolation from the surrounding literary culture. Second, numerous feminist critics have seen her work as reproducing the worst effects of patriarchal domination. This article, through a reading of Kavan’s final novel, Ice (1967), challenges both of these assessments of Kavan. It suggests that, if we notice and try to account for the similarities between Ice and a novel published two years earlier, Alan Burns’ Europe After the Rain (1965), Kavan’s novel can be read as challenging patriarchal domination through a bold and innovative reworking of the reader’s ‘suspension of disbelief’.     

The forgetting of Mary Wollstonecraft’s religiosity: teleological secularism within feminist historiography

ABSTRACT

Religious concepts and themes are central to many of Mary Wollstonecraft’s writings, yet rarely feature within popular representations of her life, work and legacy today. This paper examines the forgetting of Wollstonecraft’s religiosity in light of the broader narratives that western feminism circulates about its past and present, focusing particularly on the historiographical practices and temporal tropes that construct feminism as a quintessentially secular project. It also considers the potentially transformative impact that unforgetting Wollstonecraft’s religiosity could have within feminist historiography and politics in the present, in terms of parochializing the political certitude of secular feminism and the politics of division conducted in its name.     

Into history through the back door: The ‘past historic’ in Nights at the Circus and Affinity

This article centres around three ways in which ‘new materialism’ or ‘neomaterialism’—terms coined by DeLanda and Braidotti in the second half of the 1990s—can be called ‘transversal’. New materialism is a cultural theory that does not privilege culture, but focuses on what Haraway would call ‘naturecultures’. It explores a monist perspective of the human being, disposed of the dualisms that have dominated the humanities until today, by giving special attention to matter, as it has been so much neglected by dualist thought. New materialism, a cultural theory inspired by the thoughts of Deleuze, that spurs a renewed interest in philosophers such as Spinoza and Leibniz, shows how cultured humans are always already in nature, and how nature is necessarily cultured, how the mind is always already material, and how matter is necessarily something of the mind. New materialism opposes the transcendental and humanist (dualist) traditions that are haunting a cultural theory that is standing on the brink of both the modern and the post-postmodern era. The transcendental and humanist traditions, which are manifold yet consistently predicated on dualist structures, continue to stir debates that have a stifling effect on the field (think of the feminist polemic concerning the failed materialism in the work of Butler, and of the Saussurian/Lacanian linguistic heritage in media and cultural studies). New materialism allows for the conceptualisation of the travelling of the fluxes of matter and mind, body and soul, nature and culture, and opens up active theory formation. The three transversalities concern disciplinarity, paradigms and the spatiotemporality of theory.     

V.A.T., Taxation and Prostitution: Feminist Perspectives on Polok

Debates concerning the taxation of prostitution have occurred in taxation law and in feminist literature. This article will integrate the case of Polok v. C.E.C. [2002] E.W.H.C, 156; [2002] S.T.C. 361, within the feminist legal canon. The case is discussed in the context of the argument of the European doctrine of fiscal neutrality, which dictates that, regardless of legality as amongst member states, if an activity is levied to V.A.T. in one member state, V.A.T. should be levied on it in all member states. The doctrine of sovereignty accepts the possibility that the integrity of the V.A.T. system may be compromised by the levying of tax on illegal activities, in terms of the cooperation between tax and other aspects of the U.K.’s legal system. European law, feminist law, commodification and the marketplace are all considered within the context of these principles. The article also considers the place of Polok within standard feminist texts on prostitution. Different paradigms of prostitution define different aspects of prostitution as ‘problems’, and the article considers the implications within a feminist reconstruction of Polok of this. The article suggests that the challenge for a feminist analysis of Polok is to remain within the realm of European tax and competition law, and to render the perspective of the employees of the Polok taxpayers part of the substance of the deliberations of the case.     

To Pay Suspicious Attention: Following the Weave of ‘Mixed Logics’ in Women’s Ethical Decision Making

This article explores areas of law loosely within English equity and trusts law that have not conventionally been subject to feminist debate, and within the context of a discussion about feminist method. The particular areas examined are whistleblowing and trustees’ powers of investment, each of which calls for consideration of decision-making processes which have an ethical content. These sites are chosen because they take debate outside the all too familiar locations of woman or ‘the body of woman’, including the family home, where feminist analysis in relation to equity and trusts tends to stray. In exploring these chosen fields, Hobby’s (Feminist Perspectives on Equity and Trusts, Cavendish Publishing, 2001, pp. 219–255) critique of gender dimensions in relation to whistleblowing and Dunn’s (Feminist Perspectives on Equity and Trusts, Cavendish Publishing, 2001, pp. 179–196) account of women trustees’ investment decisions are evaluated and developed. The debate within feminist legal criticism of the possibility of integrating an ‘ethics of care’ and an ‘ethics of rights’ is acknowledged. Whilst acknowledging of the difficulty of adopting an approach that recognises ‘mixed logics’, it is concluded that women (and men) do integrate the ethics of care and the ethics of rights in their decision-making. It is argued that the effort should be made to trace the specific weave in particular circumstances, thereby paying suspicious attention to the values that underlie courts’ analyses of ethical choices.     

The shadow block: Female bonding in quilters

In these brief notes, the author's aim is to situate Born in Flames historically, including within the history of feminist theory. His starting point for thinking through this film was the presumption that what it means now differs from what it meant in its own time. While that would be true of almost any text, it has seemed to the author that Born in Flames, as an incendiary text, is extraordinarily provocative in the very ways that make it now seem “dated.” It remains inspiring, however, because it offers a vision of intersectional political coalition more radical than any feature film that we are likely to see now, despite the influence of decades of feminist, queer, and critical race studies. Revisiting the discourses the film generated at the time of its release, the author has come to recognize that, though times and the trends in theory have changed since 1983, the stakes of the revolution in the film have not. It presents a desire to make the world otherwise, economically and culturally.     

The Question of Evil and Feminist Legal Scholarship

In this article, we argue that feminist legal scholars should engage directly and explicitly with the question of evil. Part I summarises key facts surrounding the prosecution and life-long imprisonment of Myra Hindley, one of a tiny number of women involved in multiple killings of children in recent British history. Part II reviews a range of commentaries on Hindley, noting in particular the repeated use of two narratives: the first of these insists that Hindley is an icon of female evil; the second, less popular one, seeks to position her as a victim. In Part III, the article broadens out and we explain why we think feminist legal scholars should look at the question of evil. In large part, the emphasis is on anticipating the range of possible objections to this argument, and on trying to answer these objections by showing how a focus on evil might benefit feminist legal thinking – specifically in relation to the categories of perpetrator and victim and, more generally, in relation to laws motivated by a desire to secure women’s human rights.     

Over the centuries: a history of Wollstonecraft reception

ABSTRACT

Both Wollstonecraft’s fame and infamy are attributable to her lived experience as the woman author of the only radical republican feminist text published in the pamphlet war of the 1790s. Yet, her radical republican politics were divorced from her gender politics in the early reception. This paper argues that this separation was subsequently sustained in part by interpretive practices that rest on the suppression of the original split. It shows that over the nineteenth and twentieth centuries, both outside and within academia, the dominant interpretive tendency of neglecting Wollstonecraft’s radical republican politics has deradicalized both her historical political thought and her iconic image. This conventional reception has both enabled and limited the resources made available through Wollstonecraft to feminists throughout history.     

Spreading the Word: feminist print cultures and the Women's Liberation Movement

ABSTRACT

This article investigates the significance of print cultures to the Women's Liberation Movement. It highlights feminist interventions into a male-dominated publishing industry through women's writing, publishing and political commitment, with shifts towards feminist publishing cultures, both emboldened by the WLM and empowered by separatist networks. The construction and publication of feminist magazines was a significant aspect of feminist print cultures and activism. This article discusses the different publishing hinterlands of three important feminist magazines: Shrew, Spare Rib and Womens Voice. Arguing that whilst their concerns were overlapping, their distinctive approaches represented the diversity of print activism of the WLM.     

Listening to color: a set of propositions on pain as feminist aesthetic

This performative text asks whether it is possible to imagine an antisocial feminist aesthetic that does not invoke the wounded body. Its form – numbered propositions that engage with critical theory, literature, and memoir – riffs on that of Maggie Nelson’s Bluets, a key interlocutor for this question of aestheticizing embodied pain. How does Nelson’s genealogy of blue model a methodology for a “queer genealogy of femininity,” to borrow Jack Halberstam’s term? How does looking at color in this way offer an approach to narrating trauma, one that displaces the primacy of the visual? Turning to the work of Christina Crosby, Toni Morrison, Fred Moten, and José Esteban Muñoz, as well as drawing upon the author’s experience as a volunteer for a peer listening hotline, this essay considers the implications of “listening to color” for minoritarian knowledge formations and feminist praxis.