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.     

Wage labour deferred: The recreation of unfree labour in the US South

Contrary to the mainstream economic view that unfree labour in the US ended with the Emancipation, this article argues that an unfree labour system continued to dominate southern agriculture in the post Civil War period. Part I details how the southern land tenure system, contract labour laws, and credit system combined to create a social structure of accumulation [Edwards, Gordon and Reich, 1982] that effectively trapped a majority of sharecroppers in debt peonage. However, unlike Ransom and Sutch [1977] I argue that it was the planter and not the merchant, class who were the chief architects and beneficiaries of the unfree labour system. Part II creates a model showing how this ‘unfree’ social structure of accumulation led to the limited and skewed patterns of industrial development, the low level of technological innovation in agriculture, the eventual creation of a large surplus labour pool, and the depressed wage rates that have characterised the American South up to the 1970s.     

Rape Myths and Gender Stereotypes in Croatian Rape Laws and Judicial Practice

In this paper I examine the presence of rape myths and gender stereotypes, and the norms of sexuality they reflect and reinforce, in Croatian rape laws, as exemplified by the recent practice of the Zagreb County Court. I begin with a general discussion of the gendered myths and stereotypes that have shaped the content and application of the criminal law of rape everywhere. I then briefly introduce the definition of rape under the 1997 Croatian Criminal Code which was in force at the time of my research, after which I proceed to the critical analysis and the assessment of the Zagreb County Court practice. Next, I turn to the changes in the new Criminal Code to see how they address the identified problems. I offer a model of an affirmative consent standard, based on a communicative model of sexuality, which values reciprocal responsibility, communication and mutuality of sexual desire. I argue that this standard has greater potential to challenge rape myths and gender stereotypes and to promote sexual freedom and gender equality.     

Vulnerability and Ontology

The question of the possibility of an anti-foundationalist approach to ethics has come to the forefront in recent discussions in the humanities. Two questions dominate these discussions. The first is how we can define agency, the necessary ground of ethical action apart from a transcendental subject. The second is how we can define a secure foundation for ethical judgements without universals. A relativistic ethics seems, by definition, futile. I take up both of these questions here with reference to the work of Judith Butler. I argue that in her post-Gender Trouble work Butler has defined an agent, an ‘I’, that is neither a social dupe nor a transcendental subject but, rather, both discursive and material. This ‘I’ provides the basis for Butler's turn to ontology as well as her analyses of vulnerability, precarity and cohabitation. These conceptions form the basis of her ethical position. I examine Butler's central argument that the material/ontological facts of human life necessitate the equal treatment of all human beings. In conclusion, I question whether Butler's position provides a sufficient basis for an antifoundational ethics. I argue that Butler is headed in the right direction but has not yet achieved her goal.     

Invited Commentary: Seeking a Coherent Strategy in our Response to Homeless and Street-Involved Youth: A Historical Review and Suggested Future Directions

This invited commentary seeks to encourage a critical dialogue about youth homelessness that might assist in re-energizing a field that seems increasingly stagnant with a research body focused primarily on analyses of risk, hopelessly inadequate policy frameworks in most cities, diminishing funds for services, and decreasing media attention. Reviewing major trends in research and public responses to youth homelessness in the past century, I propose that there exist three major culturally-bound dimensions from which we construct our understanding of and responses to youth homelessness. These dimensions, which are considered in a transactional framework, are the scope of responsibility, the location of moral responsibility, and the amount of agency attributed to the youth. In this review I highlight the manner in which our historically binary and uncritical understanding of these dimensional characterizations of youth homelessness has led to major lapses in the effectiveness of our collective efforts to address this problem. I highlight gaps in the existing body of research literature and provide this framework, arguing that a strategic and cohesive response is vital if we are to move from reiterations of risk and hackneyed calls for prevention strategies to the generation of meaningful solutions.     

Beyond ethics and evidence: Learning to look at the intended and unintended consequences of our actions

The human service professions have traditionally taken a narrow perspective on what constitutes ethical and effective practice. We are taught to use simplistic code-based models to judge whether our actions are ethical and in-the-moment measures to determine if we are being effective. If we observe no harm in the period of our intervention, then we believe our actions are ethical. Similarly, if we observe some positive change, then we believe our interventions are effective. However, when we examine our work within a broader context and over a longer period of time we can come to different conclusions. This article illustrates several problems with these current methods and suggests alternative ways of examining ethics and effectiveness.     

Food sovereignty and new peasantries: on re-peasantization and counter-hegemonic contestations in the Basque territory

This paper contributes to debates about the potential of re-peasantization and its contribution to food sovereignty with a case study from the global North, where such questions are relatively under-studied. I examine how Euskal Herriko Nekazarien Elkartasuna (EHNE)-Bizkaia, a Vía Campesina member organization from the Basque Country (Spain), advances food sovereignty through re-peasantization. I also analyze the motivations of new peasants engaged in agroecology, their understandings of food sovereignty, and the challenges that they face. Using a Gramscian political ecology framework, I argue that whereas re-peasantization contributes to a shift from corporatist to counter-hegemonic struggles, the political-economic and biophysical contexts structure agroecological production in ways that limit the extent to which new peasantries can become ‘agents of their own history’. I conclude that closer attention to peasants’ messy practices of making a living is needed to address questions of political agency.     

Troubling notions of farmer choice: hybrid Bt cotton seed production in western India

The debate over agricultural biotechnology is increasingly being centered on the question of farmer choice. Advocates for biotechnology argue that farmers should be able to choose the seeds and technologies they use, and therefore these new technologies should be legalized and made available immediately. Who would deny farmers of the global South their right to choose? But these discourses of choice and freedom are being deployed to market a particular kind of development. This neoliberal development of agriculture is leading to the individualization of risk, the shifting of risk to marginalized contract farming households, and greater control for wealthier farmers, seed companies and agents. The state of Gujarat, India, is seen as a success story of hybrid Bt cotton, in which farmers have their choice of hundreds of varieties of seeds. As cotton seed production is taking off in the neighboring state of Rajasthan, however, choosing Bt cotton has different implications and meanings altogether. Drawing on eight months of qualitative research with adivasi households in Dungarpur District, Rajasthan, I offer narrative accounts from farmers and seed agents that both explore and trouble neoliberal notions of farmer choice. The use of these discourses by biotech advocates is just one example of the ways that choice and freedom are being utilized to further neoliberal development.     

Bearing Witness? The Question of Foetal Personhood in Response to Pregnancy Loss

In this article, I explore the category of foetal personhood recently considered by the Parliament of New South Wales in response to pregnancy loss and trauma. My aim is to provide a feminist analysis of the way that responsibility is tendered by the State, by the social body and by individual subjects for an experience of loss that is specific to sexual difference. Informed by Emmanuel Levinas’ idea of the ethical responsibility the subject has to preserve the other’s alterity, I argue that foetal personhood legislation is ultimately an irresponsible form of testimony insofar as it collapses the other into the same. Luce Irigaray’s work on sexual difference and the self-centred logic of a symbolic economy implicitly figured through the male body is also central to this discussion, alongside other feminist analyses of gendered and maternal embodiment. Locating foetal personhood within a concern for grievability and considering the question of whether some bodies are more publicly grievable than others, I conclude that foetal personhood ultimately refuses to witness the other in her difference.     

The ‘Good’ Attached Mother: An Analysis of Postmaternal and Postracial Thinking in Birth and Breastfeeding Policy in Neoliberal Britain

ABSTRACT

In the last 20 years, a new parenting philosophy has garnered increasing attention and popularity. Coined by William Sears in the early 1980s, attachment parenting (AP) proposes that secure attachment between parent and child is necessary for optimal development and therefore ‘good’ parenting. Simultaneously, neoliberalism, a socio-political context defined by market logic, has emerged as the dominant global trend. In this article, I examine the correspondence between AP, and the broader ideology of intensive mothering it expresses, and the parenting-related policies advanced by the neoliberal state. Specifically, I focus on how birth and breastfeeding policy in Britain aligns with AP, contextualising the emergence of AP and its appearance in contemporary state policy as the result of two features of neoliberalism: postmaternal and post-racial thinking. I draw attention to the experiences of black mothers and, through this lens, reveal the raced, gendered and classed dimensions of ‘good’ parenting. In my examination of these policies, I argue that postmaternal and postracial thinking have enabled the emergence of AP, an approach that individualises child-rearing and relies upon an uncritical appropriation of the so-called traditional practices of racialised women.     

Engaging the Brazilian state: the Belo Monte dam and the struggle for political voice

This contribution uses the case of Brazil's largest infrastructure project, the Belo Monte hydroelectric facility, to examine the challenges and opportunities for resistance and claims-making in the face of contemporary development projects. It shows that the confluence of the privatized nature of hydroelectric projects and the government's purported commitment to democratic, participatory development has impacts. I argue that this context, on the one hand, contributes to the fracturing of civil society. On the other hand, it presents opportunities for the creation of surprising alliances among diverse resistance groups and the state. I further argue that direct acts of resistance in this context can encourage the state to work for the public good.     

College Women and Personal Goals: Cognitive Dimensions that Differentiate Risk-Reduction Sexual Decisions

As the twenty-first century begins, a high level of participation in premarital sexual intercourse by college women is well-documented. But, in the research exploring risk-reduction sexual behaviors, the relationship of cognitive abilities to responsible sexual behavior has been under-researched. Anonymous questionnaires were administered to 626 never-married, heterosexual women at a midwestern university to examine personal goal-setting, a cognitive variable postulated to be related to risk-reduction sexual behavior. Women who frequently set goals were more religious, optimistic about life, conservative in sexual attitudes, comfortable with their sexuality, and more psychologically sexually satisfied. Those who less often set goals were more likely to drink alcohol prior to sexual intercourse, become more intoxicated, and less likely to ask if new sex partners had STI(s). The cognitive variable, goal-setting, did differentiate college women who made responsible sexual decisions from those who engaged in risk-taking sexual behaviors.Professor Emerita of Family and Consumer Science, Texas State University-San Marcos. Received her PhD from the University of Texas, Austin in Child Development and Family Relations and is a Certified Marriage and Family Therapist, American Association of Marriage and Family Therapists and licensed in the State of Texas. Her research interests include sexual attitudes and behavior of college students, adoption attitudes of unmarried pregnant teens, and teen pregnancy/parenting programs.University of Wisconsin-Eau Claire. Received his PhD from the University of Florida in Family Sociology and is a Clinical Fellow, American Academy of Clinical Sexologists and Fellow, National Council on Family Relations. His research interests include sexual attitudes and behavior of college students, adoption attitudes of unmarried pregnant teens, female sexual adjustment, and perceptions of the female physiological sexual response.     

The nature and logic of the peasant economy—II: Diversity and change: III. Policy and intervention

The following Part II of this paper is devoted to the diversity of peasant economies, focusing on the typical patterns of change included under the umbrella term of ‘modernisation’. It reviews in these terms the aspects of the peasant economy outlined in Part I. The final Part III turns to agrarian policies and the impact of state intervention on peasant economies. It discusses the aims of such interventions i.e. land reform and the major programmes of reconstruction and transition in peasant economies today: ‘betting on the strong’, collectivisation, and the transformation of the peasant into a ‘modern’ farmer.     

Feminist consciousness vs profit—an unsolvable contradiction?

To survive in the capitalist system (which we are still part of), we have to deal with money, and in order to keep our projects going we have to make profit. The cold principles that rule the market will often clash with our feminist ideas of humane collectivity, but I will argue that we better face these conflicts and integrate them in our work structures, because the system sneaks in anyway and finds us unprepared and fighting with each other.     

You can visit Hotel Mommy: maternal bodies as browsing/consuming biotourists

The technologically charged public domain of cyber(cultural)space, often constructed in opposition to women, femininity, and maternity, can also be a contested scholarly space with the potential to question dominant discourses of gender, race, class, sexuality, and maternity. The cyber-realm has also interconnections to webs of commercialism and the commodification of female and maternal bodies. In order to investigate this topic's interconnections in this paper, I turn to an examination of cybermaternity in the commercial maternity web pages of the Internet. In summary, I argue that mainstream and commercialized maternity websites are domains of paradox, with the possibility of overturning the previously mentioned dominant discourses even as they are saturated in commerce, desire to render maternal bodies completely knowable and conventional tropes of maternity. To further this investigation, I turn to Kim Sawchuk's theory of biotourism to examine discourses of medico-technology and the desire to observe the inner workings of the pregnant body. I argue that this biotouristic desire is enabled by the immediacy of the websites and delivered in the jocular tone of mainstream maternity magazines. In order to further examine possible manifestations of biotourism, I also make use of Jay David Bolter's and Richard Grusin's concept of remediation: the tendency of particular media to represent and refashion other media in response to general Western cultural desires for immediacy.     

违反《工会法》的法律责任

违反《工会法》应当承担相应的法律责任。修改后的《工会法》对阻挠职工依法参加和组织工会 ,打击报复工会工作人员 ,侵占工会经费、财产 ,妨碍工会依法履行职责以及工会工作人员损害职工和工会权益等行为 ,规定了责任人应负的行政责任、民事责任和刑事责任。对《工会法》和党的工运方针政策的落实 ,对职工和工会相关权利的实现 ,将起到重要的法律保障作用     

An Exceptional Choice?

Building on Penelope Deutscher's analysis of the biopolitical implications of abortion being regulated by a framework of exceptionalism, this article explores discursive constructions of abortion as an exceptional choice that is only justifiable in ‘worthy’ cases. In so doing, it extends our understanding of exceptionalism and neo-liberalism as ways for thinking about abortion. Through an analysis of interviews with New Zealand women about their views on abortion, I contend that exceptionalism operates not only as a dominant framework for talking about abortion but that it structures a hierarchy of worthiness in abortion discourse. I argue that the exceptionalism framework both obscures the ways that abortion is an ordinary and common part of many women's reproductive experiences and raises questions for how challenges to prevailing legislative regimes might be organised.     

Towards an Australian Indigenous Women's Standpoint Theory

In this article I outline an Australian Indigenous women's standpoint theory. I argue that an Indigenous women's standpoint generates problematics informed by our knowledges and experiences. Acknowledging that Indigenous women's individual experiences will differ due to intersecting oppressions produced under social, political, historical and material conditions that we share consciously or unconsciously. These conditions and the sets of complex relations that discursively constitute us in the everyday are also complicated by our respective cultural differences and the simultaneity of our compliance and resistance as Indigenous sovereign female subjects.     

Does Feminist History have a future?

Abstract

Contemporary shifts in scholarship and institutional agendas, I argue, have created new sets of challenges for feminist history. While these do not undermine the paradigms of this scholarly endeavour, there has been an inevitable shift in how feminist history is now written, conceptualised and undertaken. A hallmark of dynamic and innovative scholarship is a capacity to evolve and respond to intellectual challenges and developments. There is much to be positive about in the future, as I believe feminist history at its best has not remained a passive or static body of knowledge, but continues to be reformulated and reconceptualised, but with this dynamism comes uncertainties which institutional change can bring. While I do not believe these are systemic enough to pose a challenge to the enterprise, I suggest they do create cause for wider discussion, especially about the place of the humanities more generally in the corporate university of the twenty-first century.