美国女权主义法学平等与差异观研究

女权主义者由于受到后现代思潮的影响,否定统一、抽象的平等标准,不赞同把两性是否存在差异作为讨论平等问题的基点,但实际上后现代女权主义法学更加关注差异问题,并且拓展了差异的含义和范围。通过对平等与差异观的研究我们可以看出各女权主义法学流派之间并不是简单的批判和否定,从激烈纷繁的辩争中我们可以发现各流派关于平等和差异的讨论是一种辩证的否定之否定的关系。     

Veiled Women and the Affect of Religion in Democracy

The veiled woman troubles feminism and secularism in much the same way. Both feminism and secularism face a problem of finding a position that respects individual autonomy, and simultaneously sustains a conception of politics freed from heteronomous determination. This article gives an account of what is being resisted and by whom in modes of politics which seek to produce an autonomous subject emancipated from 'other laws'(heteronomy). It also draws on Jean-Luc Nancy in order to consider what has been termed the problem of Islam in Europe as a wider juridical and political problem centred on the significance of affect as heteronomy. It thus explores the tension between piety and polity.     

论强奸罪应当废除——基于后现代女性主义立场的一种观点

后现代女性主义将强奸视为一种"语言"。借由"话语塑造主体"这一机制,男性在有关强奸的立法与司法仪式中被塑造为身体上的压倒性体力占有者,女性则具有了"可被强奸"的属性。女性在男权社会中被客体化的事实在强奸罪这一罪名中得到进一步强化。后现代女性主义主张的话语转换策略提醒我们应当跳出既有法律框架来思考防治强奸的对策,即可以考虑在社会条件成熟的时候,取消"强奸罪"这一法律语言,达到改变女性弱势地位,约束男权的扩张,抑制强奸行为发生的目的。至此,女性以主体地位进入法律史,性别平等得到实现。     

Trespass,impasse, collaboration: Doing research on women's rights in India

A developing tenet of feminism is the need to work collaboratively in order to avoid assumptions of universality and embrace differences between women. In this paper, Cossman and Kapur reflect upon their attempts to put this principle into practice in research on women's rights in India. They highlight ethical dilemmas raised by their project which forced them to problematize and challenge many of their initial assumptions about doing feminist research, particularly those of identity politics which give primacy to women's experiences as a claim to truth. The authors affirm the importance of identity and experience, but at the same time acknowledge the limitations of this affirmation for the development of effective methodological and political strategies. Osgoode Hall Law School What I feel is radical is trying to make coalitions with people who are different from you. I feel it is radical to be dealing with race and sex and class and sexual identity all at one time. I think that is really radical because it has never been done before.     

Prostitution,criminal law and morality in the Netherlands

In 1911 a new public morality act was enacted in the Netherlands. Article 250bis of the penal code states that it is forbidden to give opportunity for prostitution. This so called article on brothelkeeping was the result of growing pressure of a coalition between christian puritans, socialists and feminists at the end of the nineteenth century. In the nineteeneighties the government has proposed to scratch this general prohibition of brothelkeeping. This proposal results from another coalition, this time between feminists and bureaucratic powers. This change in the public debate on prostitution, and especially the influence of feminism, is analysed from a moral point of view. The Dutch prostitution issue is seen as a case of postmodern morality, that is to say as a result of bureaucratic needs for regulation and subjective experiences of the persons involved.     

Feminism and the siren call of law

Feminists have so often declared and celebrated the fecundity of the relationship between feminism and legal reform that critique of legal doctrine and norms, together with proposals for their reconstruction, have become the hallmarks of the modern feminist engagement with law. Yet today the long-cherished ‘truth’ about law’s potentially beneficial impact on women’s lives has started to fade and the quest for legal change has become fraught with problems. In responding to the aporetic state in which feminist legal scholarship now finds itself, this paper offers a recounting of the relationship between feminism and the politics of legal reform. However, in so doing, it seeks neither to support nor to oppose these politics. Instead, it explores the historical contingencies that made this discourse possible. Utilizing Foucault’s concept of episteme, it demarcates the nineteenth century as the historical moment in which this discourse arose, and tracing the epistemic shifts underpinning the production of knowledge, locates its positivities at the interface of the time’s episteme and the discourse of transcendental subjectivity that it engendered.

Feminism and Canadian justice: How far have we come?

This paper discusses two interrelated problems. First, it discusses the impact the Canadian Charter of Rights and Freedoms has had on women's social and economic status. Second, it discusses the role feminists can play in changing the face of the Canadian justice system. With regard to the first of these issues, it is observed that considerable evidence suggests that women's economic position has not improved in recent years. Women continue to be paid less men, are less likely than men to have access to employer pension plans, and are more likely to be included among those with incomes below the poverty line. The Charter has done little to change this. With regard to the role feminists can play in changing the justice system, it is argued that feminists must continue to channel at least some of their energy through the Supreme Court of Canada, even though the ultimate goals of feminism require a radical departure from and a transformation of the theories of justice.     

西方女性主义自由派法律思想评介

女性主义自由派是西方女权主义运动的先驱,也是其他各派女性主义的起点,其法律思想对女性权利意识的觉醒起到启蒙作用,并为整个女性主义法学的发展奠定了基础。进一步思考这一理论将给我们带来更多的启示及反思。     

Anything less is not feminism: Racial difference and the W.M.W.M.

Feminism is the political theory and practice to free all women: women of colour, working class women, poor women, physically challenged women, lesbians, old women as well as white heterosexual, economically privileged women. Anything less is not feminism, but merely female self-aggrandisement. White Middle-class Women's Movement. My special thanks to Susie Gibson for her insight and support on this project. Thanks to Akua Rugg for being there.     

美国女权主义法学:从中心到边缘

西方女权主义法学的兴盛是20世纪不可忽视的学术现象。90年代女权主义又与同时代风靡西方的反主流文化浪潮相契合,带有很强的反主流意识和批判意识,已经被公认为是后现代法学的一个主要的流派。通过对美国女权主义法学的产生背景、发展现状、研究对象以及美国女权主义法学的研究视角从中心到边缘的发展趋势的介绍,以期探讨西方这一新兴学派的发展以及后现代法学给现代法学的传统研究范式所带来的冲击。     

"反射性"立法中的非婚同居域外法规制

从自由原则被确立为家庭法的重要原则肇始,离婚、性解放、女权主义相继成为时代的标签,非婚同居也在广泛的意义上成为时代的特征之一.域外各国,对非婚同居进行法律规制的改革呼声很高,究其原因,可归为法律社会化,即社会之现实要求"反射"于立法,并成为立法革新之推动力.于自由、于公正、于平等、于人性,此种立法模式的介绍和引进对我国现代婚姻法体系的构建均有裨益.     

Women judges who judge women offenders: a Chinese case study on gender and judging

ABSTRACT

Based on an empirical study, this article examines Chinese female judges’ life experiences and worldviews by asking: are women judges feminist or pro-feminism? Given the very nature of feminism, if a large number of women judges are feminist or pro-feminism, they are likely to bring attention to women’s issues in the judiciary and the judicial process. If so, women’s equal participation in courts would make a vital difference in law and judicial production. The article first provides the context of the research on which this article is based. Next, it briefly outlines several key methodological issues. Then, it presents findings on female judges’ perceptions of women’s gender roles, their views about female offending and their awareness of feminism. Finally, it highlights the evidence presented and offers implications of the research.     

Pornography and the construction of misogyny

Summary

In this paper I return to my work in Pornography: Women, Violence and Civil Liberties, the edited volume published in 1992 by Oxford University Press, and subsequently my work on pornography, harm and human rights (Itzin, 1995, 1996a), and to pornography and child sexual abuse (Itzin, 1996b, 1997a,b, 2000a,b,c). I draw from and build on that work and from the contents of the pornography special issue of the Journal of Sexual Aggression (Itzin and Cox, 2000). This paper covers key issues such as legislation and regulation, censorship' and ‘freedom’, the literature on pornography effects, the role of pornography in the aetiology of sex offending and in the construction of desire. In particular, the paper is concerned with theorising aetiology, causality and the ‘epistemology of public policy’ on pornography. It draws from and builds on the scholarship and activism of radical feminism in conceptualising and campaigning against pornography-related harm.     

Reassessing the Feminist Theoretical Project in Law

This article seeks to address the current state of theoretical debate within feminist legal studies in the United Kingdom and beyond. It is part map, part critique of dominant theoretical trends – an attempt to identify and explore a range of questions about feminist scholarly engagement in law, including the relationship between academic feminism and political activism, the distinction (if any) between 'feminist' analyses and broader engagements with law and gender, and the normative underpinnings of feminist legal scholarship. The author makes no pretence to neutrality on these issues, questioning the perceived 'drift' between political and academic feminism, and arguing strongly for the recognition and realization of feminism's normative and transformative aspirations. Similarly, she challenges the emergence of an 'anti-essentialist' norm in feminist discourse, and reaffirms the value of 'women-centred' feminist approaches. Finally, this article is also a personal venture, a 'stock-taking' exercise which seeks to interrogate the author's own understanding of what feminist legal work entails.     

Exploring terra incognita: Family values and prostitution acceptance in China

One of the unexamined issues in China is the public attitude toward prostitution. Little is known about public opinion on prostitution in China or Asia, and no work exists regarding the association between family values and public opinion on prostitution. Data from the World Values Surveys were used to explore social determinants of the attitude toward prostitution with a focus on the relationship between family values and acceptance of prostitution in China. The results from the multivariate logistic regression showed that family values were a significant predictor of the attitude toward prostitution, independent of tolerance, feminism, authoritarianism, and employment. While the effects of tolerance and feminism were consistent with the findings in the U.S., the effects of authoritarianism and religiosity were inconsistent. This article concluded with a call for reevaluation of the current harsh policy in order to gain a better handling of prostitution in China.     

性别正义:迈向宪治的社会性别

我们对性别身份及其差异已经习以为常,而这或许是一个"可怕的错误"。性别平等的实现有赖于我们对社会性别及其女权主义理论的深刻理解,以期在性别认知的基础上对现存的性别歧视进行矫正。透过妇女的经验,性别化取向和决疑术可以为女性主义法律的理论化、性别化与权利实践策略的企图提供理论与实践的架构。由是,我们对"跨性别"及性别正义充满宪政期待。     

Left Out? The coverage of critical perspectives in introductory criminology textbooks, 1990–1999

DeKeseredy and Schwartz have criticized introductory criminology textbooks published in the United States for their ‘poor treatment’ of critical/radical perspectives. This paper subjects this criticism to empirical analysis by studying the coverage of critical perspectives in 34 introductory criminology textbooks published from 1990 to 1999. Specifically, I examine how the coverage of critical perspectives in the textbooks is influenced by: 1) the theoretical orientations of the texts; 2) the positions of the texts on debate over conflict and consensus theories of law; and 3) the positions of the texts on the evidence supporting critical perspectives. This analysis shows that critical/radical perspectives in general, but in particular recent developments in critical criminology (including critical feminism, left realism, peacemaking criminology and postmodern criminology) are often ‘left out’ of contemporary criminology textbooks.     

Young Adult Offending: Intersectionality of Gender and Race

It is an accepted criminological fact that gender and race affect involvement in crime. What has been examined less frequently is the effect of intersectionality of gender and race across the early life course. This research uses Delinquency in a Birth Cohort II: Philadelphia, 1958 to examine the longer term effects on crime of intersectionality during the adolescent and young adult portions of the life course. Findings indicate that intersectionality of gender and race is fundamental for young adults. It is argued that multiracial feminism can best explain why intersectionality must be taken into consideration when looking at offending across the early life course.     

Habermas,Feminism, and Law: Beyond Equality and Difference?*

In this paper, I argue that Habermas' proceduralist model of law can be put to feminist ends in at least two significant ways. First, in presenting an alternative to the liberal and welfare models of laws, the proceduralist model offers feminism a way out of the equality/difference dilemma. Both these attempts to secure women's equality by emphasising women's sameness to men or their difference from men have placed the onus on women to either find a way of integrating themselves into existing institutions or to confront the so‐called question of women's difference. The proceduralist model renders this dilemma irrelevant. Instead, it proceeds from the fact of sexual difference; a fact that produces competing and conflicting needs and interests that require interpretation by both men and women. This, I argue, marks a change in the very way we conceptualise the so‐called problem of women's difference, insofar as the question is no longer framed in these terms. Second, I argue that this deliberative process over the interpretation of conflicting interests affects a fundamental shift in the nature of legal institutions themselves, insofar as law is no longer a vehicle for promoting male interests.     

A Count Data Model of Technology Adoption

This paper investigates the main determinants of the adoption of flexible production technologies (FPTs), using a plant-level dataset of Portuguese manufacturing industry. Besides using a new dataset, this paper extends the framework of previous studies on technology adoption by taking into account the effect of demand uncertainty as an additional determinant of adoption. In order to examine this relationship, several econometric models for count data are estimated. These models deal with the discrete nature of the dependent variable and firm specific unobservable characteristics arising from the cross-section context. The main findings of the paper are: (i) rank effects and technological regimes are important determinants of technology adoption, as put forward in previous models of technology diffusion; (ii) demand uncertainty has a significant positive impact on the likelihood of adopting FPTs, which suggests that technological heterogeneity is important when modelling firms' investment decisions; (iii) the estimates were improved after controlling for excess zeros and overdispersion that characterizes our data.