After an initial period of feminist theorizing concerned with understanding patriarchy as a structure of male domination, many thinkers turned away from theorizing domination as such and focused instead on women's (constructed) subjectivity, identity, and agency. While this has fostered important insights into the formation of women's preferences, desires, and choices, this focus on subjectivity and subject formation has largely overshadowed deeper understandings of patriarchy as a structure of male domination while producing elisions between agency and freedom. In this article, (...) I move to show how domination as a structural concept can help us to reclaim the idea of ‘patriarchy’ as a source of women's systematic oppression while freedom as non-domination, derived from early republican conceptualizations of freedom, can help us to disambiguate freedom from agency by taking as central the relative positions of actors within social and political structures. Structural freedom as non-domination is thus useful for feminist thinkers in that it gives us critical purchase on the dynamics inherent in unequal social and political relationships and can be linked clearly to the institutions and ideologies that shape and justify interactions between more powerful and less powerful groups. Further, from this point of view intersecting structures of domination can be analysed rather than intersecting identity categories, allowing us to take intersectionality into account and avoiding the need to ground feminist action on a unitary ‘category woman’. Finally, this analysis points toward the radical democratic connexion between freedom and participation in the creation of the material and symbolic structures that frame our collective lives. (shrink)

In this article, we investigate the state’s role in the reproduction of relations of male dominance between separated parents through custody law. We argue that three “logics” shape the current operation of family law—durability, gender neutrality and present/future temporality—such that custody law is not simply a mechanism of dispute resolution between parents; it is also a vehicle for the differential production, positioning, and regulation of mothers and fathers as postseparation parents. Drawing on interviews with 21 mothers, we show that the (...) outcome of the state’s governance of gender through custody law for women in dispute over care and contact arrangements is that nonresident fathers are able to engage in nonreciprocal exercises of power over resident mothers. The consequence for resident mothers is that nonresident fathers are able to legitimately use the law to threaten and coerce mothers, and to protect their interests and rights at the expense of mothers’ needs for and rights to security and autonomy. (shrink)

In this study, the author investigates how the battered women’s movement has transformed the treatment of domestic violence in Salt Lake City’s specialized domestic violence court. Using Lisa Brush’s account of how the state promotes the dominance of men and the disadvantage of women, the author shows that Salt Lake City’s domestic violence court transforms both its governance of gender and its gender of governance, lending support to optimistic theories of the state. The author argues that this court is an (...) example of a state institution that has been transformed into a feminist regime committed to individual and social change. The author encourages feminist theorists to engage with the work of Jurgen Habermas to better conceptualize the potentially positive relations among the state, social movements, and social change. (shrink)

In the late 1990s, Mexican feminists mobilized transnationally to demand state accountability for the feminicidios of women in Ciudad Juarez. Feminicidio refers to the misogynous killing of women and the state’s complicity in this violence by tolerating it with impunity. Drawing on debates of the Mexican Federal Congress and interviews with feminist state and non-state actors, I examine feminist legislators’ response to transnational activism, which was to pass the “General Law on Women’s Access to a Life Free of Violence” and (...) to create the penal-type code of feminicidio, which includes provisions to punish negligent state actors. These laws make the state a target of its own punitive power. To pass these acts, feminist legislators faced resistance from male legislators and the Federal Executive. I build on feminist institutionalism to theorize this resistance as gendered. Gendered state resistance was pervasive because feminist legislators practiced accountability by identifying the complicity of state institutions, including Congress, in perpetuating feminicidio. As part of the process, they built alliances with other female legislators and framed their arguments with notions of modern statehood. Although this framing strategy resulted in innovative legal change, I interrogate the assumption that modernity is the solution to feminicidio, because it can lead gendered state resistance to manifest as a simulation of accountability. (shrink)

As men and women increasingly share access to state power, there has been a question of whether women’s rising descriptive representation leads to substantive change, and a sizable body of literature suggests it does. As a mechanism for this effect, I theorize legislatures as gendered organizations that build gender into their institutional operation, as enmeshed in legislative committee systems. Using case studies of Germany, Sweden, and the United States, I examine 40 years of data collected on legislative committees and memberships. (...) This study reveals some similarities, where all committee systems emphasize gender-typed roles, particularly female legislators’ greater segregation into social issue committees. Yet, gender is constructed differentially across these organizations, and the nations vary in the gender structure of their committee systems, degree of gender segregation and typing, and gendered relations of power and prestige. Implications for integrating theories of gender as an institution, gendered organizations, and feminist institutionalism are discussed. (shrink)

Gender scholars have argued that legal reforms against violence position women as victims in need of state help. Using data collected from 22 months of participant observation with survivors of domestic violence in India, I urge academics to re-theorize the relationship between legal reforms and women’s citizenship during an era of neoliberal governance. Burdened with administrative tasks, Indian law enforcement personnel manage new rights claims by displacing regulatory duties onto survivors and caseworkers. Women who have access to women’s organizations are (...) able to take advantage of these changes and “save” themselves and other women from violence. This article shows how neoliberal governmentality, when combined with women’s organizing, has the potential to restructure women’s relationship to the state. (shrink)

This article offers an account of organizational change to explain why women leaders are underrepresented compared to women athletes in many sports organizations. I distinguish between accommodation and transformation as forms of change: the former includes women without challenging binary constructions of gender, the latter transforms an organization’s gendered logic. Through a case study of the International Olympic Committee from 1967-1995, I trace how the organization came to define gender equity primarily in terms of accommodating women’s segregated athletic participation. Key (...) to this was the construction of women’s bodies as athletically able but inferior to men, an arrangement formalized in codified rules and procedures and legitimized by external stakeholders. Defined in these terms, gender equity did little to transform the organization’s binary and hierarchically gendered logic, which continued to shape the informal norms and procedures associated with the organization’s allegedly gender-neutral and meritocratic yet male-dominated leadership. I argue that the exclusion of women from ostensibly gender-integrated leadership positions allows organizations to avoid revealing gender similarity between men and women. This maintains a logic underpinned by notions of binary gender difference and masculine superiority. (shrink)