The global threat of race in the decomposition of struggle

ABSTRACT

Many of the struggles that emerged in the wake of the 2008 global economic crisis eventually experienced decomposition in the face of multiple internal and external threats. While movement composition and decomposition are inevitable in the natural cycle of popular struggles, this article argues that what David Theo Goldberg has termed “the threat of race” constituted one important factor that brought about the eventual demise of these popular mobilizations. By drawing on the cases of US Occupy Wall Street, European anti-austerity protests, and South African struggles against xenophobia, it points to global continuity in anti-blackness across disparate geographies. As these same regions currently confront the threat of righting authoritarianism, this article argues we must also take a self-reflexive look at the seeds of reaction embedded in otherwise progressive and left-wing formations in order to achieve a more sobering account of our present predicament.     

Rejoinder to comments by Frederick Kaijage,Oswald Masebo,and Innocent Pikirayi on the keynote speech, ‘writing history: flow and blockage in the circulation of knowledge’

ABSTRACT

Rejoinder to comments by Frederick Kaijage, Oswald Masebo, and Innocent Pikirayi on the keynote speech, ‘Writing History: Flow and Blockage in the Circulation of Knowledge’     

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.     

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.     

西方女权主义思想在中国的变异

西方女权主义思想在 2 0世纪的中国遭遇到尴尬 ,尤其是对“女权主义”这一外来词语形成的种种曲解或误解 ,造成了众多女性学者对于“女权主义者”立场的不认同等 ,而隐于这种现象背后的原因在于异质的中西文化。女权主义与中国特定的文化相遇和碰撞 ,产生了某种程度的变异 ,由原来激进的、女性自主的行动演变为温和的、有男权参与的、凭借社会政治手段实现的解放妇女的运动。“女权主义”与“女性主义”、“妇女解放”与“解放妇女”的差异不应仅仅被视为词语的偏正关系的变化 ,而更有着深刻的内在民族文化心理上的原因。     

女书:我们的终结,抑或我们的开始

女性在女书中以“我们”的身份言说并存在,藉此放逐父权制。书写与被书写同样危险,我们没有聋,可是我们却哑了。文本意图受到了女书本身表述的破坏,女性在使用女书时掺入男性异质,削弱了女书自身构建的权威,在与男性争夺话语权时显得力不从心。放逐最终遭到放逐。颠覆父权制必须动用男性话语的概念,在其文本内寻找颠覆模式。女书的终结是消除二元对立的必然要求,标志着两性对话进入了新的时代。     

BritCrits: Subversion and submission,past, present and future

This article explores some of the intellectual influences which have shaped the development of Critical Legal Studies in Britain and the contexts in which these influences made themselves felt. It then considers which influences might or should steer Critical Legal Studies in the future. In terms of the past, specific attention is given to the influence of Marxism, Freud and Lacan, feminism, Foucault and Derrida, and recent genres of history-writing. As to the future, the question is asked whether Critical Legal Studies will engage constructively with recent developments in the life sciences and the philosophy of science, and, more generally, whether it will be able to surpass its established mooring in the philosophy of history. This revised version was published online in July 2006 with corrections to the Cover Date.     

From Sancitity to Screening: Genetic Disabilities, Risk and Rhetorical Strategies in Wrongful Birth and Wrongful Conception Cases

This analysis scrutinises the rhetorical strategies used by judges in wrongful life and wrongful birth actions as evidence for the assertion that the judicial reading of public policy in such cases has undergone a significant shift which is likely to accelerate as genetic knowledge grows and health care resources shrink. The implications of the predicted move towards increased genetic testing of prospective parents are traversed in relation to feminist analyses of the impact of genetics on reproductive technology. These are viewed as forming a nexus with the current social constructions of disability and the contemporary cultural preoccupation with risk, in a context of the increasing commercial importance of genetic information. It is argued that women cannot make free and informed choices about genetic testing and pregnancy unless legal and social mechanisms which protect those choices are in place. This revised version was published online in August 2006 with corrections to the Cover Date.     

Race-Based Peremptory Challenges: An Empirical Analysis of Litigation from the U.S. Court of Appeals, 2002–2006

This paper examines race-based peremptory challenges. Such challenges occur during the voir dire jury selection process. The process allows both the defense and the prosecution to strike jurors who they believe will not decide cases fairly. However, in the case of Batson v. Kentucky 476 U.S. 79 (1986), the Supreme Court ruled that race could not be used as a factor in eliminating prospective jurors. This paper examines federal litigation for five years in which it was alleged that race was used as a factor in removing a juror. An examination of the cases revealed that most of the cases involved sole male litigants who allege that there were multiple race-based peremptory challenges used in their cases. Moreover, most of the cases that led to the allegations involved violent offenses. Other case characteristics are noted, but of most significance was the finding that most appellants lost their cases. As such, the courts felt that most of the challenges were, in fact, race neutral. The implications of this research are discussed. This study was funded by an undergraduate research grant from Penn State University.