This article seeks to interrogate the category of the ‘political’ through an exploration of the present trajectory of feminist peace activism in Sri Lanka. It provides a critical appraisal of current strategies adopted by the majority of feminist organizations that seem to suggest a shift from ‘refusal’ to ‘request’. This results in the resort to more ‘feel safe’ campaigns, rather than the placement of oneself in an antagonistic and oppositional relationship with the state, which continuously calls the political into question. (...) It concludes by considering two other kinds of political trajectories and the disparate conceptual challenges each offers. (shrink)

This paper operates on the premise that a systematic formulation of ‘radicality’ is a worthwhile and potentially productive exercise within political theory. However, I argue that one continues to find a latent ‘purism’ within contemporary understandings of ‘radicality’, primarily in relation to feminism, but also elsewhere. This manifests itself in the tendency to think ‘radicality’ as a function of the inherent properties of particular types of political spaces and political practices. Within feminism, for example, I argue that the ‘radicality’ of (...) a feminist politics is thought in terms of the extent to which it adheres to a specifically ‘1970s’ feminist model of autonomous mobilization. This perspective suffers from a number of conceptual problems, necessitating a formulation of a more dynamic view of radicality with which to evaluate contemporary political practices. To this end, I seek to cast radicality as a function of equivalence and imagination drawn from Linda Zerilli's Arendtian-inflected feminist theory. Thinking radicality in these terms, I argue, avoids the latent purism of many existing approaches while enabling a critical engagement sensitive to the context of the practice under investigation. (shrink)

This paper operates on the premise that a systematic formulation of ‘radicality’ is a worthwhile and potentially productive exercise within political theory. However, I argue that one continues to find a latent ‘purism’ within contemporary understandings of ‘radicality’, primarily in relation to feminism, but also elsewhere. This manifests itself in the tendency to think ‘radicality’ as a function of the inherent properties of particular types of political spaces and political practices. Within feminism, for example, I argue that the ‘radicality’ of (...) a feminist politics is thought in terms of the extent to which it adheres to a specifically ‘1970s’ feminist model of autonomous mobilization. This perspective suffers from a number of conceptual problems, necessitating a formulation of a more dynamic view of radicality with which to evaluate contemporary political practices. To this end, I seek to cast radicality as a function of equivalence (drawn from Ernesto Laclau) and (especially) imagination drawn from Linda Zerilli's Arendtian-inflected feminist theory. Thinking radicality in these terms, I argue, avoids the latent purism of many existing approaches while enabling a critical engagement sensitive to the context of the practice under investigation. (shrink)

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. (shrink)

New York based Families For Freedom is among a handful of organizations that directly organize deportees and their families. Analyzing the organization’s resignification of criminalized men of color as caregivers, I argue that current deportation policies and practices reorganize care work and kinship while tying gender and sexuality to national belonging. These policies and practices severely compromise the ability of migrant communities to socially reproduce themselves. Furthermore, the convergence of criminalization and immigration enforcement renders the kinship ties of deportable men (...) illegible, and justifies their separation from their loved ones. Since FFF publicly supports men with criminal convictions, it reveals that its members become targets of deportation precisely because they do not and cannot conform to heteronormative prescriptions. (shrink)

In a time when worlds, communities and subjects are increasingly presented as ‘vulnerable’, much remains to be said about the distinctly feminine shapes of ‘vulnerability’; weakness, softness, permeability, a sense of being affected, imprinted upon, or entered and shattered. While this presumed vulnerability of the feminine body has often been the basis of feminist sexual politics, feminist goals of autonomy often presume an internal and external undoing of vulnerability as such. Drawing on ethnographic research with queer femmes and building on (...) Sara Ahmed’s (2004a) idea that vulnerability is a ‘particular kind of bodily relation to the world’, this experimental article challenges the popularised idea that to queer femininity requires action, intention, agency and strength. Extending the work of femme authors Dorothy Allison and Ann Cvetkovich, the article considers the cracks in such femme politics, and focuses on how femme feelings of vulnerability take shape and figure in movements, and become what sticks between femme bodies of flesh and knowledge. Attending to the sensuous canvas of skin, to high-heeled movement and desire for both sex and sisterhood, these are notes on the work of affect in what is here called femmebodiment towards a somatechnical understanding of femininity. (shrink)

This article draws out a critical, yet under-appreciated political theme in Adorno’s Negative Dialectics, namely his emphasis on guilt and atonement. First, the article assesses how Adorno’s Marxism allows him to think justice and guilt beyond the familiar legalistic frame. Second, the article reconstructs Adorno’s treatment of guilt as a distinctly political capacity to imagine one’s boundedness and indebtedness to others, and the affective engine enabling us to engage in a political ethic distinct from familiar categories of reparation. Third, the (...) article shows how the themes of guilt and atonement give us a more complete picture of Negative Dialectics. This inquiry also intervenes in contemporary debates regarding the political status and emancipatory potential latent within guilt-feelings, and claims Adorno gives us a path forward to imagine the relation between guilt and politics in a novel way. (shrink)

On the 24th June 2015, Feminist Legal Studies and the London School of Economics Law Department hosted an afternoon event with Professor Wendy Brown, Class of 1936 First Professor of Political Science, University of California. Professor Brown kindly agreed to discuss her scholarship on feminist theory, and its relationship to both the law and neoliberalism. The event included an interview by Dr Katie Cruz and a Q&A session, which are presented here in an edited version of the transcript. Sumi Madhock, (...) Professor of Gender Studies, LSE chaired the interview and discussion and introduced Professor Brown’s work. Katie Cruz asked Wendy Brown to reflect upon topics that span her scholarship and activism, including the state of critical, feminist, and Left approaches to rights, neoliberalism, despair and utopianism, and the future of feminist theory and practice in the context of neoliberalism and current debates about intersectionality. Participants in the discussion asked questions on a wide range of issues, including the limits of feminist engagement with law as a tool for social change, the dominance of neoliberalism, imperialist feminism, Islamophobia, secularism, and our attachment to the figure of homo politicus. (shrink)

ABSTRACTThis article engages Bhaskar's category of absence and Foucault's notion of problematization in the context of explaining an example of the historical emergence of political activism. Specifically, it considers the emergence of the ‘psychiatric survivors’ social movement in the UK, with a focus on the ‘politics of self-harm’. The politics of self-harm refers to acts of self-injurious behaviour, such as drug over-dosage or self-laceration, which do not result in death and which bring individuals to the attention of psychiatric services. For (...) many years survivors have protested about the harmful treatment they receive from such services and have campaigned for their reform and for new, non-psychiatric understandings of the meaning of self-harm. The article explains how such activism emerged in the late 1980s. Its contribution is at the interface of critical realism and social movement studies. (shrink)

This paper examines the interaction of law and policy-making on prostitution, with that of BDSM (bondage and discipline, sadism and masochism). Recent policy and legal shifts in the UK mark out prostitutes as vulnerable and in need of ‘rescue’. BDSM that amounts to actual bodily harm is unlawful in the UK, and calls to decriminalise it are often met with fears that participants will be left vulnerable to abuse. Where women sell BDSM sex, even more complex questions of choice, exploitation, (...) vulnerability, power and agency might be thought to arise. Does the combination of activities take two singular behaviours into the realm of compound harm? Are those who sell BDSM doubly vulnerable in a way that would justify criminal intervention? This paper argues that in imposing categories of vulnerability, the state engages in the heteronormative construction of risky sexual subjects who must be rehabilitated, responsiblised or punished. Through an examination of existing empirical studies on BDSM, the paper offers a feminist critique of the potential criminalisation of commercial BDSM and calls for more research on the lived experiences of those who buy and sell BDSM. (shrink)

Pamela Sue Anderson argues for an ethical vulnerability which “activates an openness to becoming changed” that “can make possible a relational accountability to one another on ethical matters”. In this essay I pursue Anderson’s solicitation that there is a positive politics to be developed from acknowledging and affirming vulnerability. I propose that this politics is one which has a specific relevance for animating the terms of feminist responses to sexual violence, something which has proved difficult for feminist theorists and activists (...) alike. I will demonstrate the contribution of Anderson’s work to such questions by examining the way in which “ethical vulnerability” as a framework can illuminate the intersectional feminist character of Tarana Burke’s grassroots Me Too movement when compared with the mainstream, viral version of the movement. I conclude by arguing that Anderson’s “ethical vulnerability” contains ontological insights which can allay both activist and academic concerns regarding how to respond to sexual violence. (shrink)

: In this essay, Cornell first invokes the concept of 'imaginary domain' to challenge the legal legitimacy of heterosexism in any form. She then claims that the imposition of heterosexism on the imaginary is a trauma whose severity can be grasped only with the help of psychoanalysis. Second, she argues that we cannot understand or undermine the power of heterosexist ideas without an alternative ethic of love. In beginning to think about a love that would necessarily pit itself against heterosexism, (...) Cornell draws on Jacques Derrida's metaphor of the lovance. (shrink)

In this essay, Cornell first invokes the concept of ‘imaginary domain’ to challenge the legal legitimacy of heterosexism in any form. She then claims that the imposition of heterosexism on the imaginary is a trauma whose severity can be grasped only with the help of psychoanalysis. Second, she argues that we cannot understand or undermine the power of heterosexist ideas without an alternative ethic of love. In beginning to think about a love that would necessarily pit itself against heterosexism, Cornell (...) draws on Jacques Derrida's metaphor of the lovance. (shrink)

If how the state is imagined shapes social and political action, the politics of state imagining provides an important site for progressive reflection. Arguing that conceptual approaches which support critique may not necessarily prove the best frameworks for supporting change, this article takes a left poststructuralist conception as its starting point to explore the place of conflicting interests, beliefs and affect in the make-up of the state and in shaping its enactment within civil society. Seeking to re-imagine state form in (...) a way that enhances the state's relevance for progressive politics, the paper moves between (i) conservative Christian refusal to provide gay people with a service, as public sector staff and guesthouse owners; and (ii) feminist work in embodiment studies and on the intimate/impersonal, with its ways of thinking about, and imagining, a state that is oriented to encounters, dissonance, tension and change. (shrink)

This brief article introduces a special issue of Feminist Legal Studies addressing gender, sexuality and human rights, and comprising papers drawn from an E.S.R.C.-funded workshop held at the University of Kent in June 2004 on the theme of “Gender-Auditing the Human Rights Act”. The article begins by situating the themes of the special issue within the broader context of feminist engagement with rights discourse. It goes on to consider the introduction of the Human Rights Act 1998 into the U.K. with (...) a view to assessing its implications in terms of engendering a positive legal and political culture for equality-seeking initiatives. The article concludes with a survey of the contributions to the special issue, highlighting the possibilities for feminist theory and strategy posed by a wider intersectional engagement with rights issues. (shrink)

This paper raises several concerns about vulnerability as an alternative language to conceptualize injustice and politicize its attendant injuries. First, the project of resignifying “vulnerability” by emphasizing its universality and amplifying its generative capacity, I suggest, might dilute perceptions of inequality and muddle important distinctions among specific vulnerabilities, as well as differences between those who are injurable and those who are already injured. Vulnerability scholars, moreover, have yet to elaborate the path from acknowledging constitutive vulnerability to addressing concrete injustices. Second, (...) vulnerability studies respond to, and have been shaped by, debates in the 1980s and 1990s over oppression, identity and agency. This genealogy needs to be acknowledged and evaluated. As I demonstrate, prominent theorists define vulnerability in contradistinction to victimization, adopting neo-liberal formulations of victims and victimhood. Finally, I turn to address the politics of vulnerability. At issue are not simply matters of utility or programmes for implementation, but the fraught relationship among ontology, ethics and politics, which I address through an engagement with Rancière's conception of the political and the case of the Black Lives Matter movement. (shrink)

Within the ambit of modernity, "to be" a "person" means "to have" "a body." But what exactly do we mean when we say: ‘I have a body’? Who or what is this ‘I’ that ‘has’ ‘a body’ anyway? And how and why does this ‘having’, this possessing, of ‘a body’ confer legal and psychological personhood on us? Does such bodily possession necessarily define a mode of ‘self ownership’? Is distinguishing between the notions of ‘being an organism’, or even ‘being alive’, (...) and ‘having a body’ just a matter of semantics? Or are there pragmatic, bio-political consequences to the ways we construe our vitality and embodiment? Can thinking about ‘the body’ as a (or even, the) matter of ‘self possession’ tell us something interesting about how ‘personhood’ informs our lives? After all, what is ‘the nature’ of ‘the body’, if it can be possessed in such a manner? And does this proprietary way of thinking exhaust the possibilities for how we can imagine what it means to be an organism, a person, a citizen or a human? (shrink)

Agonizing care: care ethics, agonistic feminism and a political theory of care ‘Care’ is central to nursing theory and practice, and has been described in a variety of ways. Intense conversations about care have been developing in other fields of study as well, from the social sciences to the humanities. Care ethics has grown out of intellectual exchange between feminist thought, moral theory and the critique of traditional western political philosophy. However, care ethics is not without its critics, as these (...) accounts of care have also sparked vigorous challenges. This paper traces the construct of care through nursing theory, care ethics, feminist critiques of moral and political theory and agonistic feminism to outline a set of problematics that a political theory of care should engage. It discusses how care is conventionally posited in more or less essentialist, universalizing and naturalizing terms. It introduces the ideas of feminist theorists who resist dichotomizing care and the political, and situate care in the context of power and politics. The tensions between care feminism and agonistic feminism are highlighted in order to explore the potential of theorizing both care and nursing in political terms. (shrink)

Dans son introduction à la collection Moving Words. Writing Dance consacrée à une analyse des évolutions de la recherche anglophone des années 1990 sur la danse, Gay Morris souligne l’héritage d’une historiographie « anecdotique, sans théorisation, et avec un appareil critique très rudimentaire ». Carol Brown confirme que l’histoire de la danse est fondée essentiellement sur l’écriture des « balletomanes » qui ont idéalisé le corps de la danseuse comme une entité anhistorique. Rattachée à un...

Theories of citizenship have largely focused on the provision of rights by law and policy measures, as if rights are universally beneficial and cost-free and the invitations of rights will be accepted once offered. I challenge this assumption and highlight the need to empirically address how people negotiate with the benefit and cost of claiming rights. Based on ethnographic research in South Korea, this article delves into the everyday lives of migrant women in two feminized sectors of migration—cross-border marriage and (...) sexual commerce—to situate the act of claiming rights in relation to the gendered pursuit of moral respect. I show that feminist groups in South Korea relied on the discourse of victimization and trafficking in pressuring the South Korean state to account for the human rights of migrant wives and migrant hostesses, while reinforcing the moral hierarchy that renders problematic migrant women’s work and intimate relationships. I argue that the distinctive material and moral costs that accompanied human rights–based provisions compelled migrant wives and hostesses to pursue divergent paths in seeking alternate bases to citizenship that would support their inclusion as moral equals. (shrink)

Alias Grace is just one of the many recent TV shows that was labelled ‘feminist’ so quickly and with such ease that one is left to wonder how much of a genre ‘feminism’ has already become. This article interrogates what is at stake for ‘feminist’ critique in labelling cultural phenomena as ‘feminist’. I argue that certain ways of reading Alias Grace as a ‘feminist’ show preclude an alternative reading in which Alias Grace emerges as a critique of ‘feminism’ itself. What (...) is at stake in the debate on ‘feminism’ in popular culture is thus not only whether or not we can recognise the potential for ‘feminist’ critique that resides within popular culture, but also whether or not we can allow socio-cultural phenomena, like TV shows, to take ‘feminism’ as an object of critique: to generate the kind of critical movement that renders futile any attempt to stabilise, or reify, the signifier ‘feminism’ as an ahistorical object with fixed meanings – as a genre even. In so doing, I take it that there is no privileged site from which to engender such movement; and I do not take popular culture as a self-contained domain that could qualify for being such a site. The point, then, is not to treat Alias Grace as a representative case study in popular ‘feminism’; but rather, to demonstrate, by way of Alias Grace, the complex and contradictory readings that socio-cultural phenomena are amenable to, and which in turn give rise to critical possibilities that unfold from within these phenomena. Reading Alias Grace critically, as I understand it in this article, means allowing it to be, at one and the same time, a reflection on itself and a reflection on the world in which it so quickly comes to be labelled ‘feminist’. (shrink)

Drug testing is widely deployed in the United States throughout the public and private sectors. This case study uses two emergent drug-testing technologies—hair analysis and the sweat patch—as examples of techniques of governance that should be subjected to the political equivalent of strict scrutiny. The article contributes to conceptual debates in science and technology studies, arguing that the study of social structure and subject formation should be integral rather than epiphenomenal to analysis in the transdisciplinary field of science and technology (...) studies. The article contextualizes the development and deployment of drug-testing technologies within the structural and epistemological categories of racial and ethnic difference, gender, sexuality, and class formation. Conflicts between proponents of the technologies and critical advocates who seek to constrain their use mark sites of productive theoretical engagement with structural sociology, racial formation theory, critical race theory, and feminist critique.1 Finally, the article demonstrates how STS analyses can contribute to the struggles of strategic counterpublics as they advocate for changing the meaning and material consequences of suspect technologies. (shrink)

This article provides a critical rereading of Andrea Dworkin’s infamous text Intercourse. I use Judith Butler’s post-structural theory to contest the common view that Dworkin forwards an immutable position on heterosexual intercourse. Instead, I argue that she identifies a particularly pernicious discourse used to represent vaginal penetration – the discourse of intercourse-as-violation. This discourse is important for feminists to consider because the codification of sex acts affects the codification of gendered social actors. The article continues to explore how Dworkin’s text (...) positions readers as gendered subjects in order to better understand why her work is seldom given careful contemplation. When read as positing an essentialist position on heterosex, heterosexed male readers are brought into social being as perpetrators of sexual violation while female readers are positioned as morally superior victims. This distasteful position is quickly rejected as readers form affective attachments to her work based in disindentification. (shrink)

: This essay examines Irigaray's analysis of politics and the political implications of her critique of sacrificial orders that repress difference/matter. I suggest that her descriptions of a fluid "feminine" can be read as an alternative symbolic not dependent on repression. This idea is politically promising in opening a possibility for justice and a nonantagonistic intersubjectivity. I conclude by assessing Irigaray's concrete proposals for sexuate rights and a civil identity for women.

This essay examines Irigaray's analysis of politics and the political implications of her critique of sacrificial orders that repress difference/matter. I suggest that her descriptions of a fluid “feminine” can be read as an alternative symbolic not dependent on repression. This idea is politically promising in opening a possibility for justice and a nonantagonistic intersubjectivity. I conclude by assessing Irigaray's concrete proposals for sexuate rights and a civil identity for women.

In this paper I offer a new interpretation of Marx’s essay On the Jewish Question which re-states its key ideas but removes unnecessary debates that are not relevant to current political and legal problems. Because OJQ is a demonstration of critique it does not offer positive proscriptions or suggestions for change. Its utility, I argue, lies in the way it can help us think about the limits of resolving deeply entrenched power-relations without a thoroughgoing engaging of how those powers are (...) created and enacted in civil society. With this in mind I read OJQ alongside the recent campaign to legislate for marriage equality in Australia and the movement to recognise environmental human rights. While both movements might ameliorate instances of discrimination and harm, I argue that they cannot resolve those powers that limit certain kinds of access or render people and things subordinate to other interests. (shrink)

In this article, identity politics is understood as a form of politics stressing collective but malleable group identities as the basis of political action. This notion of identity politics also allows thinking of identity as intersectional. The focus of this article, and a problem related to identity politics, is that when discussed in the context of the neoliberal order, identity politics has a tendency to become harnessed by the ethos of vulnerability. Some implications of the ‘vulnerabilizisation’ are considered in the (...) field of education, which is a field currently thoroughly affected by neoliberalism. Therefore, it is also important to look closer at the relationship between identity politics and the ethos of vulnerability. In addition, we re-consider poststructuralist thinking as a theoretical and political approach to see what it can offer in terms of re-thinking identity politics and in analyzing the ethos of vulnerability. When categories of vulnerability keep expanding into various psycho-emotional vulnerabilities defining subjects that can be known and spoken about, it is crucial to ask whether we regard these changes as educationally and politically progressive. The article discusses some problematic policies in educational environments and the phenomenon of trigger warnings. (shrink)

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people's freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

Although sexual violence against women is on-going and widespread, it is generally not, except in some cases of rape in war-time, viewed as a politically significant phenomenon constituting a grave group-based injustice. After examining why this is the case, Brison argues that one strategy to make salient the political dimension of sexual violence is to call rape "gender-based violence" rather than "sex without consent." Doing so takes rape out of the apolitical interpersonal realm and reclassifies it as a form of (...) injustice by situating it in the contexts of both criminal and civil rights law. (shrink)

Feminist and queer theorists influenced by Michel Foucault have given analyses of sexual violence and of sexually violent pornography that are generally taken to be in striking opposition to those defended by radical feminists such as Catharine MacKinnon. In this commentary on Linda Martín Alcoff’s Rape and resistance: Understanding the complexities of sexual violation, I suggest that these seemingly divergent analyses of sexual violence are more similar than they have appeared to be and I ask: Might this book help to (...) bring an end to the so-called ‘sex wars’ between the Foucauldians and the MacKinnonites that have been raging since the mid-1980s? (shrink)

Building on recent developments in radical democratic theory, in this article we articulate and explore a fresh perspective for theorists and activists of radical democracy: a ‘living critique of domination’. Characterized by a two-fold analytical effort, a ‘living critique of domination’ calls for a radical critique of contemporary forms of power and control coupled with a reappraisal of emancipatory political experiences created by the political action of the Many. We demonstrate that this project responds to the theoretical and practical challenges (...) faced by a politics of emancipation today. Our article offers a first articulation of this living critique through a discussion of three recent political experiences, namely, the 2016 French uprising, Nuit Debout, as well as the Black Lives Matter and #MeToo movements. (shrink)

Building on recent developments in radical democratic theory, in this article we articulate and explore a fresh perspective for theorists and activists of radical democracy: a ‘living critique of domination’. Characterized by a two-fold analytical effort, a ‘living critique of domination’ calls for a radical critique of contemporary forms of power and control coupled with a reappraisal of emancipatory political experiences created by the political action of the Many. We demonstrate that this project responds to the theoretical and practical challenges (...) faced by a politics of emancipation today. Our article offers a first articulation of this living critique through a discussion of three recent political experiences, namely, the 2016 French uprising, Nuit Debout, as well as the Black Lives Matter and #MeToo movements. (shrink)

In recent years, scholars have identified a political formation that mobilizes the emancipatory energies of feminism in the service of the expansion of the carceral state. ‘Carceral feminism,’ as it has come to be known, is often portrayed by these scholars as a product of feminist-conservative convergence. Here, I argue that the rise of the SlutWalk movement suggests a more complex genealogy for carceral feminism. By situating SlutWalk in the historico-theoretical context of feminism’s sex wars, I reveal the carceral–feminist impulses (...) roiling beneath its progressive ‘sex-positive’ surface. With its tendency to reduce sexual freedom to expressive freedom, valorize conventional forms of femininity and sexuality, and promote a fundamentally carceral paradigm of sexual freedom, the SlutWalk movement, I argue, is descended from anti-censorship/pro-sex feminism, a liberal-feminist hybrid that emerged out of the convergence of sex-radical feminism and liberalism during the sex wars. When viewed in this light, SlutWalk no longer appears as a sign that feminism’s ‘pleasure’ and ‘danger’ factions have negotiated a long-awaited ‘sex-détente.’ Rather, it stands as a testament to the extent to which feminism’s once radical aspirations in the domain of sexual politics have been supplanted by a tepid, heteronormative, and disquietingly carceral liberal project. (shrink)

Would democratic theory in its empirical and normative guises be in a better position without the theory of the deliberative public sphere? In this paper I explore recent theories of agonistic democracy that have answered this question in the affirmative. I question their assertionthat the theory of the public sphere should be abandoned in favor of a model of democratic politics based on political contestation. Furthermore, I explore one of the fundamental assumptionsat work in the debate about the theory of (...) the public sphere’s status, namely the assumed opposition between consensus and contestation. Questioning the rigid nature of the opposition, I go on to argue that the deliberative theory of the public sphere actually facilitates the development of the agonistic approach to democratic theory and practice. Key Words: agonistic democracy • deliberative democracy • democratic theory • Habermas • theory of the public sphere. (shrink)

While most other works focus on conspiracy theories, this book examines conspiracy panics, or the anxiety over the phenomenon of conspiracy theories. Jack Z. Bratich argues that conspiracy theories are portals into the major social issues defining U.S. and global political culture. These issues include the rise of new technologies, the social function of journalism, U.S. race relations, citizenship and dissent, globalization, biowarfare and biomedicine, and the shifting positions within the Left. Using a Foucauldian governmentality analysis, Bratich maintains that conspiracy (...) panics contribute to a broader political rationality, a (neo)liberal strategy of governing at a distance through the use of reason. He also explores the growing popularity of 9/11 conspiracy research in terms of what he calls the "sphere of legitimate dissensus." Conspiracy Panics concludes that we are witnessing a new fusion of culture and rationality, one that is increasingly shared across the political spectrum. (shrink)

In response to critiques of rights as moralistic and depoliticising, a literature on the political nature and contestability of rights has emerged. In this view, rights are not merely formal, liberal and moralistic imperatives, but can also be invoked by the excluded in a struggle against domination. This article examines the limits to this practice of rights-claiming and its implication in forms of domination. It does this by returning to Marx’s blueprint for the critique of subjective rights. This engagement with (...) Marx will, however, take a particular form. I will read Marx first through the eyes of Claude Lefort and thereafter against Lefort. The latter’s critique of Marx still constitutes the strongest case against the dismissal of subjective rights. Introducing a reading of Lefort into the argument allows us to discover what is dead and what is well alive in the Marxist theory of rights. What is dead, I will argue, is Marx’s early conception of subjective rights as ideology and illusion. However, the more mature Marx developed a theory and critique of the legal form that is able to explain why the politics of rights—despite its undeniable advances—has not been able to overcome certain forms of domination. (shrink)

This article examines the public significance of emotions, most specifically their role in constituting identity and community in the wake of political violence and trauma. It offers a conceptual engagement with processes of healing and reconciliation, showing that emotions are central to how societies experience and work through the legacy of catastrophe. In many instances, political actors deal with the legacy of trauma in restorative ways, by re-imposing the order that has been violated. Emotions can in this way be directed (...) by elites who are concerned with reinstating political stability and social control. Healing often becomes more about retribution and revenge, rather than a long-term project begetting peace, collaboration and emotional catharsis. The emotions triggered by trauma thus tend to perpetuate existing antagonisms, further entrenching the disingenuous perceptions of identity that may have created violence in the first place. Surveying this process, this article suggests that scholars of politics and reconciliation need to be more attentive to the role emotion plays in shaping particular forms of community. Doing so requires a systematic understanding not only of the feelings associated with first-hand experiences of trauma, but also of the manner in which these affective reactions can spread and generate collective emotions, thus producing new forms of antagonism. Addressing this challenge, the authors explore how a more conscious and active appreciation of the whole spectrum of emotions — not only anger and fear, for instance, but also empathy, compassion and wonder — may facilitate more lasting and ingenuous forms of social healing and reconciliation. (shrink)

In this manuscript I explore an example of an over-privileged white woman who encounters two young Black men in a parking garage stairwell. Two related axioms are central to the oppressive script that lies before these subjects: the hetero-patriarchal axiom that women are not safe alone at night and the racist axiom that Black men, especially young ones, are dangerous. These axioms are intended to ensure a practical conclusion—white women and Black men are supposed to avoid each other—thereby conferring legitimacy (...) on the white male, hetero-patriarchal order. If this is a performance of oppression, we must ask, what is the performance of freedom? Freedom, I argue, is the practice of allowing and encouraging a subject's multiple selves to interact so that one may devise and pursue courses of action that have been strategically hidden by systems of domination designed to cultivate pliant agency. My project augments accounts of multiplicitous subjectivity wherein our multiple social worlds socially constitute persons as both oppressor and oppressed, empowered and pliant. The practice of freedom conceived here acknowledges multiplicity while positioning us to seek feminist and antiracist futures that are not configured by oppression. (shrink)

In this article I argue that, if one is persuaded by the arguments of Emmanuel Levinas, the pursuit of something called ‘ethical feminism’ is rendered difficult, for, according to Levinas, there is a hiatus between ethics and politics in so far as politics does not flow from ethics. Indeed, politics obliges one to engage in the non-ethical, so that the ethical cannot be understood as a basis for feminist politics. I contend that one can argue that it is in the (...) way that the dangers of the non-ethical are handled that politics begins. If this is so, one can refigure the question of ethics within feminism. Ethics becomes a check on freedom and politics rather than its originary source. However, I argue, along with Michel Foucault and William Connolly, that ethical responses, while coming from the other, have also to be subjected to genealogical critique, so that their conditions of possibility are not naturalized. (shrink)

Este ensayo repasa los principales debates feministas en torno al divorcio para analizar cómo se ha intervenido en el derecho de familia a favor de las mujeres, mostrando las críticas a las reformas del divorcio sin causa y las posibilidades de redistribuir mejor los bienes, el cuidado y los afectos después de la separación. Se argumenta que la crítica feminista ha identificado ciertos binarios culturales que operan en el derecho, particularmente en las reformas sobre el divorcio, pero ha faltado más (...) trabajo crítico para analizar sus efectos cuando se adoptan o se producen por las normas jurídicas. Se propone que el derecho está metido en la cultura por la puerta de atrás: a través de normas que actúan como telón de fondo y que tienen consecuencias tanto jurídicas como materiales y simbólicas. Se concluye que la desigualdad de género se produce también por los efectos distributivos de los binarios que operan en el orden simbólico-cultural y que éstos deben ser tomados en cuenta cuando se piense intervenir jurídicamente para cambiar dicho orden. El ensayo aborda las reformas del divorcio en Estados Unidos y México. (shrink)

How does so much gender inequality endure in an era when many laws and policies endorse principles of gender equality? This essay examines this dilemma by considering Susan Moller Okin's criticism of “false gender neutrality,” research on implicit bias, and the shifting relation of gender bias to American law. I argue that these are crucial elements of the modern cycle of gender inequality, enabling it to operate through a perverse “invisible-hand” mechanism. This framework helps convey how underlying gender bias influences (...) individual behaviors that generate, legitimate, and mask broad patterns of inequality. Contemporary legal conflicts reflect many of these dynamics, which appear in controversies over gender-based violence, gender discrimination in pay and promotion, and women's reproductive health care benefits. This analysis advances our understanding of how the contemporary cycle of gender inequality operates, the complex links between individual behavior and structural bias, and the difficulty of pursuing gender justice through prevailing frameworks of law and liberalism. It also underscores the continued importance of feminists' collective work to address “invisible” as well as visible biases. (shrink)