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.     

Feminism and Penal Expansion: The Role of Rights-Based Criminal Law in Post-Neoliberal Ecuador

This article analyses feminist discourses on the criminalisation of violence against women in Ecuador, after the enactment of a “post-neoliberal” constitution. It responds to arguments in feminist legal theory, which affirm that penal expansion thrives through neoliberal globalisation, and that certain feminists have sponsored this carceral-neoliberal alliance, over and above redistributive concerns. However, in Ecuador, many feminists who participated in a recent criminalisation process also endorsed the post-neoliberal government’s social redistribution programme. Ecuadorian feminism therefore complicates current discussions on carceral and governance feminism, which link penal expansion with neoliberalism and an absence of redistributive concerns. Ecuadorian left-leaning feminists use rights-based frameworks to reconcile penal interventions with potential abuses of coercive power. This allows them to regard criminal justice as minimally problematic within the redistributive agenda they endorse. At the same time, the penal approach of Ecuadorian feminists runs the danger of marginalising legally pluralistic approaches to justice.     

A centenary of organized feminism in Norway

Today's feminist movement in Norway, like that of other countries, builds on the ground prepared by the early feminists. Though in many respects differing from their sisters of the late nineteenth century, common characteristics between feminists past and present abound. Never very dominant in number, feminists now as then gradually win support for their views. Drawing on the experiences of early strategies, today's feminists widen the goals of feminism to include fundamental changes in the lives of both women and men. This achievement has in the case of Norway been assisted by favourable economic, social and political circumstances.     

‘The Defection of Women’: the New Zealand Contagious Diseases Act repeal campaign and transnational feminist dialogue in the late nineteenth century

Over the past decade, historians have situated feminist reformers’ efforts to dismantle the British imperial contagious diseases apparatus at the heart of the transnational turn in women's history. New Zealand was an early emulator of British prostitution regulations, which provoked an organised repeal campaign in the 1880s, yet the colony is seldom considered in these debates. Tracing the dialogue concerning the repeal of contagious diseases legislation between British and New Zealand feminists in the 1890s, this article reaffirms the salience of political developments in the settler colonies for metropolitan reformers. A close reading of these interactions, catalysed by the Auckland Women's Liberal League's endorsement of the Act in 1895, reveals recently enfranchised New Zealand women's desire to act as model citizens for the benefit of metropolitan suffragists. Furthermore, it highlights the asymmetries that remained characteristic of the relationship between British feminists and their enfranchised Antipodean counterparts.     

Narratives of Irishness and the problem of abortion: the X case 1992.

This article explores the ramifications of the 1992 "X Case" in which an Irish High Court rescinded the constitutional right to travel of a 14-year-old rape victim who intended to obtain an abortion in England. The article opens by noting that this decision made the subordinate role of women in Ireland painfully visible, thus allowing Irish feminists to win a degree of national and international support. The article examines newspaper coverage of the injunction to consider how this abortion issue reconstituted discourses of women's status, sexuality, and national identity in Ireland. The article provides background information on women's role in Ireland, relegated by the Constitution to the domestic sphere, and reviews the origins of the 1983 "pro-life" Constitutional amendment. Next the article considers how the discourse surrounding the child's rape and resulting pregnancy submerged the autonomy of the child in the victimhood of her family. The article continues by looking at the internal and international denouncement of the Irish state for its action and the responding Irish construct of a civilized "us" versus a barbaric "other." This was countered by appeals to "the people's" will and reinterpretations of the 1983 amendment to justify a more pragmatic approach to public policy about rape that would de-emphasize the moral status of the fetus. After showing how feminist protest extended the questions raised to embrace the issue of national identity and women's citizenship rights, the article concludes that the battle for female reproductive and sexual hegemony in Ireland continues.     

Diversity in times of austerity: documenting resistance in the academy

What happens to feminism in the university is parallel to what happens to feminism in other venues under economic restructuring: while the impoverished nation is forced to cut social services and thereby send women back to the hierarchy of the family, the academy likewise reduces its footprint in interdisciplinary structures and contains academic feminists back to the hierarchy of departments and disciplines. When the family and the department become powerful arbiters of cultural values, women and feminist academics by and large suffer: they either accept a diminished role or are pushed to compete in a system they recognize as antithetical to the foundational values of feminist priorities of social justice. Collaborative work to nurture diversity and interdisciplinarity does not register as individual accomplishment. This paper considers the necessity of this type of academic work to further the vision of a society committed to the collective values espoused by feminism and other areas in social justice.     

The Human Fertilisation and Embryology Act 2008: Tinkering at the Margins

This note suggests that, viewed from a feminist perspective, the reforms contained in the Human Fertilisation and Embryology Act 2008 represent a missed opportunity to re-think the appropriate model of regulation to govern fertility treatment and embryology research in the UK. It argues that reform of the legislation was driven largely by the government’s desire to avoid re-igniting controversies over the legal status of the embryo and abortion and to maintain Britain’s position at the forefront of embryo research and related biotechnologies. It also highlights the importance of media debates, which were highly selective, to the reform process, and suggests that in order to inject feminist values into the process of legislative reform, feminists need to become more media savvy. In the short term, it suggests that there is little prospect of a radical re-thinking of the appropriate ethico-legal response to the wide variety of family forms that reproductive technologies potentially enable, much less of considering our ethical obligations to the new forms of embryos that are now permitted by the 2008 Act. In the meantime, however, it argues that these issues provide productive opportunities for feminist legal theorists to address questions that have been erased or obscured in the course of the 2008 reforms.     

The Transitional Justice Gap: Exploring ‘Everyday’ Gendered Harms and Customary Justice in South Kivu,DR Congo

Feminist transitional justice (TJ) has greatly contributed to the study of justice in the ruins of war, notably around prosecuting wartime rape. At the same time, scholars have observed limitations to this research agenda such as externally-driven definitions gendered harms and how to address them. This paper explores two novel areas for feminist TJ research: ‘everyday gendered harms’ and customary justice. Based on a three month field study of baraza, a customary justice mechanism in parts of South Kivu, Democratic Republic of Congo, I explore three cases of ‘everyday’ harms against women: domestic violence, polygynous relationships and witchcraft. Through a substantive examination of these baraza cases, I highlight how studying the contextualised functioning of customary justice mechanisms provides new insights into different areas of feminist TJ scholarship, including women’s participation in the transition, justice for harms against women, and advancing gender equality. Additionally, this paper adds to the broader TJ literature by engaging with local TJ needs as they pertain to people’s everyday life in transition.     

the narrative reproduction of white feminist racism

White women’s racism has been the topic of many critiques, discussions and conflicts within British feminist theory and politics over the last fifty years, driven by women of colour’s insistence that white feminists must take on board the significance of race in order to stop perpetuating racism. Yet still today, feminist academia and activism in Britain continues to be white-dominated and to participate in the reproduction of racism and whiteness. This article examines the role of dominant historical narratives of feminism in enabling this reproduction, arguing that there is a direct correlation between how the feminist past is constructed in relation to race and racism and how feminist theory and politics are articulated in the present. Focussing on three contemporary feminist texts that address feminism itself as a subject, it highlights three techniques used in these texts that, it is argued, are commonly employed in the narrative reproduction of white feminist racism. These are: (1) the erasure of the work of British feminists of colour; (2) white feminist co-option of work by feminists of colour; and (3) the narration of feminist theory and politics as having ‘moved on’ from racism. These techniques lead to evasion of the topic of white feminist racism, both historically and in the present. They also reinforce the construction of British feminism as a story that belongs to white women. The article argues that in order to work towards ending white supremacy, white feminists must relinquish control of the feminist narrative and stop moving on from the topic of white feminist racism.     

White Women,Anti-Imperialist Feminism and the Story of Race within the US Women's Liberation Movement

ABSTRACT

Histories are re-writing what Sherna Berger Gluck famously called the ‘master historical narrative’ of the US WLM, especially in historicizing the efforts of feminists of colour. This paper echoes this by exploring how white feminists embraced racial justice politics, particularly during the early 1970s, when it is often assumed that white feminists failed to enact racial justice. In historicizing the efforts of white anti-imperialist feminists in greater Boston, I maintain that the ‘master historical narrative’ wrote not only black, Chicana and multiracial feminisms out of history, but that it skewed our understanding of the race politics of white, US feminists.     

Rumours from the cauldron: Competition among feminist writers

Why have feminists been silent about competition among women? Most of us feel a personal distress and a political confusion when we acknowledge such rivalry. Is competition antithetical to feminism? Competition among women writers is a highly charged topic because literature is a peculiarly public project from a particularly private endeavor. This paper is written to open the issue for discussion within the larger feminist forum.Here I suggest that women cannot win by competing in an androcentric system. To clearly understand competition, we will want to distinguish between competitive feelings and the process or competition, between suffering and virtue, between criticism and conflict and between competition for patriarchal fame and status and an internal competition for artistic excellence. I suggest that many of us get caught in envy or our own fears of ambition or our skewed ideas about literary criticism. In addition, the essay criticizes the notion of art as magic. I discuss writing as labor, suggesting that writers confront publishers about wages and working conditions rather than compete with each other for limited resources.Having examined competitiveness within the androcentric system more clearly, can we find any ways for competition to serve us? Is it possible to go back to the Latin root of compete (to meet, to strive together) and develop a ‘feminist competition’ which allows for both individual and collective progress?     

The Law and Politics of Marital Rape in England, 1945–1994

This article examines the ending of the marital rape exemption in England. It describes the unresponsiveness of the political and legal establishment on the issue from the war to the mid-1970s. The arguments and campaigns that feminists and others advanced against the rule from the 1970s onwards are analysed, together with the political and legal reaction to this campaign. Next, the Parliamentary and legal debates over the rule in the 1980s are discussed: a story of inertia, even hostility, towards such campaigning. Finally, the article considers the demise of the exemption in the 1990s. The article presents a nuanced account of this change, which was both vigorously contested and highly contingent. It also suggests that legal protection from ‘the rapist who pays the rent’, and the campaign to achieve this, deserve appropriate recognition within the story of feminist activism in the late twentieth century.     

<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.     

Feminism,activism and academe: a personal reflection

How the political project of feminism entered academe and how it became an educational project is the subject of this article. It is based upon personal reflection about undertaking the study for a book, Feminism, Gender and Universities: politics, passion and pedagogies. In the book, three successive generations or cohorts of feminists in academia are discussed, starting with those who are now considered ‘second-wave feminists’. In this article the notion of ‘second-wave feminism’ is examined and also how successive cohorts see feminist knowledge in relation to their own education through doctorates or wider forms of learning.     

“Unpalatable Messages”? Feminist Analysis of United Kingdom Legislative Discourse on Stalking 1996–1997

North American scholarship has charted resonances between 1990s legislative and feminist discourse concerning violence against women. Feminist critique of official discourse surrounding the Protection from Harassment Act 1997 suggests that 1990s resonances did not reach the UK: however, an examination of the Hansard debates suggests this under-estimates the influence of feminist discourse. Halley’s discussion of “bad faith” helps to explain both the tendency of feminists to under-estimate their influence and why this matters. A commitment to an understanding of themselves as powerless may encourage feminists to underplay similarities between feminist and official discourse, leading feminists to find only what they expect. Such an understanding gives feminism the capacity to change social life without acknowledging, let alone agonising over, the full range of its distributive effects. This is most troubling in relation to “carceral” feminism, since under-assessment of feminist impact encourages amplification and intensification of the carceral message.     

Women have servants and men never eat: issues in reading gender,using the case study of mass-observation's 1937 day-diaries

Abstract

The category ‘gender’ has become axiomatic to feminist analysis: analysing the dynamics and outcomes of gender has come to be seen as constituting ‘what academic feminists do’. Within feminist analysis, gender is positioned as ana prioricharacteristic of social life; and gender is also analytically privileged as the most salient characteristic of people and social situations. Both assumptions are challenged. This article argues instead that gender is not a discovery, something innately ‘there’ in social life, but is rather to be understood as an invention, an imposed analytic category of great utility for academic feminism, but also one which creates as many analytic troubles as it solves. The article problematises thea prioriand privileged status of gender within feminist analysis by discussing various interpretational issues involved in analysing a set of day-diaries written by women and men for Mass-Observation in 1937, in particular focusing on reading and writing as interpretational acts which are often treated as analytically transparent. Here, however, this epistemological bracketing is suspended, and instead both are scrutinised in analytical detail. Although the argument is discussed in relation to these specific historical materials, it is argued that the same epistemological issues arise in relation to the analysis of all kinds of research materials, whether historical or present-day, for reading and writing are the crucial elements of interpretation, and interpretation is itself central to feminist as to all other analysis.     

The politics of publishing: Selection and rejection of women's words in print

The commercial publishing industry is controlled by men and under the guise of rational and objective decision-making, it manages to produce and disseminate material that it claims to be ‘universal’ and representative of all humanity. In fact, through gatekeeping, the publishing industry selects and promotes the ideas and knowledge that effectively maintain and support the dominant male view of the world. This constitutes a rarely acknowledged ‘political’ dimension in the production of knowledge and in the publishing industry. Alternative views, such as those presented by feminists, are contained at a level where they inevitably remain marginal and without the legitimacy that the sheer volume of production and expensive promotion accord to masculist ideals and practices. Feminist publishing cannot compete in terms of scale or influence and feminist writers and feminists in publishing have to contend with the issue of marginality — both ideological and pragmatic — in a male-dominated area. ‘Book publishing, like all industries, is controlled by rich, white heterosexual men’. (West, 1978:6)