Feminism, Aestheticism and the Limits of Law

This article seeks to identify and address the normative void that resides at the heart of postmodernist-feminist theory, and to propose a philosophical framework – beyond postmodernism, but incorporating its central insights – for thinking through the normative questions with which feminists are inevitably confronted in their engagements with positive law. Two varieties of postmodernist-feminism are identified and critically analysed: the ‘corporeal feminism’ of Elizabeth Grosz and Judith Butler, which seeks to ground feminist critical practice in the irruptive capacities of the material body considered as an arte fact of social construction; and the deconstructionist feminism of Drucilla Cornell, for whom ‘the feminine’ is an indeterminate but disruptive force beyond its construction in law and in other social sites. The first component of the argument elaborated here is that each of these approaches ultimately reduces to a form of aestheticism which is incapable of generating a worthwhile and workable feminist approach to the restructuring of politics and law. The second component of the argument involves a return to aesthetics, in particular to the philosophical aesthetics of Kant’s Critique of Judgement. Kant’s aesthetic philosophy, it will be suggested, yields a framework of concepts which, duly re-manipulated, could speak to the very concerns that have inspired postmodernist-feminism: how to attend to (bodily) particularity while avoiding the dangers associated with ‘essentialism’; and how to theorise the propensity of the unrepresentable power of the feminine to exceed both embodied human capacities and the confining rein of socially privileged rationalities. Crucially, however it also responds to a set of preoccupations – those of the feminist lawyer – that cannot be accommodated by postmodernism: how to translate embodied experience into (legal) norms; generalise from the particular; seek consensus; and codify an endless potentiality in the form of law. This revised version was published online in July 2006 with corrections to the Cover Date.     

Death during transforaminal epidural steroid nerve root block (C7) due to perforation of the left vertebral artery

Treatment for individuals suffering from migraines and pain due to an inflammation or impingement of a nerve range from noninvasive methods such as massage, physical therapy, and medications to invasive methods such as epidural steroid injections and surgery. Each method of treatment has an associated level of risk. While minor to moderate complications from such procedures do occur, deaths are very rare. We report the first cited case of a death associated with the pain management procedure called nerve root block, also referred to as a transforaminal epidural steroid injection. We present the medical history and autopsy findings of a 44-year-old white female who died of massive cerebral edema secondary to the dissection of the left vertebral artery and subsequent thrombosis due to the perforation of that artery by a 25-gauge spinal needle during a C-7 nerve root block.     

The Indian Movement and Political Democracy in Ecuador

This article examines the implications of the Ecuadorian Indian movement for democratic politics. During the 1990s, the movement successfully fostered indigenous and popular participation in public life, influenced government policies, and became a contender in power struggles. But in the institutional domain, the participatory breakthrough had mixed effects. While the movement fulfilled functions of interest representation and control of state power, its involvement in a coup attempt demonstrated that its political socialization had not nurtured a sense of commitment to democracy. The evidence is discussed by reference to the proposition that civil society actors may or may not contribute to democracy. The article argues that the study of the democratic spinoffs of civil activism requires a context-specific approach that considers the particularistic orientations of civil associations and pays attention to their definition of means and ends, the institutional responses evoked by their initiatives, and the unintended consequences of their actions.     

Chinese Geopolitics: Space Program Cooperation among China,Brazil, and Russia

With the Obama Administration’s foreign policy pivot to Asia, the Chinese government is concerned about the possibility of new challenges in their foreign policy sphere of influence. Since the 1990s, many political and military analysts have explored the eventual rivalry between these two states. However, events in the Middle East preoccupy U.S. attention, leaving China moderately free in Southeast Asia, though it is uncertain for how long this will persist and if the United States will reallocate its attention to contain China. In this case, the Chinese government will need to develop countermeasures to sustain its geopolitical interests. There are two focuses in this analysis: (1) the Chinese geopolitical naval situation, exploring the problems in the geosphere surrounding China and the eventual competition with other regional powers and the United States in East Asia; and (2) the potential for space program cooperation with Russia and Brazil, which, in turn, dramatically changes the balance of power in outer space through positive aspects of Russian technical capabilities and strategic Brazilian geographic (Alcântara launch site).