The opposition of ‘culture’ and ‘rights’ is not uncommon in feminist legal discourse. This article argues that such an approach is fraught with danger as it creates an extremely restrictive framework within which African women can challenge domination; it limits our strategic interventions for transforming society and essentially plays into the hands of those seeking to perpetuate and solidify the existing structures of patriarchy. Drawing examples from a parallel research on Gender, Law and Sexuality, I propose that a more critical (...) and interpretative approach to these two concepts may present a different perspective to portrayals of ‘tradition’ as constraining and/or fixed often displayed in mainstream feminist legal thinking. (shrink)

This article reflects one scholar's attempt to locate herself within emerging ethical methodologies given a specific concern with cross-cultural women's moral praxis. The field of comparative ethics's debt to past debates over methodology is considered through a typology of three waves of methodological invention. The article goes on to describe a specific research focus on U.S. Catholic and Iranian Shii women that initiated a search for a distinct method. This method of comparative ethics, which focuses on the production of ethical (...) knowledge through the interaction of discursive logics of various moral agents, is described. The conclusion turns to how methodological invention can itself become a constructive project through the way it (1) locates the scholar in relation to her subject of study and (2) allows for isolation of tactics within specific moral discourses. (shrink)

Our study contributes to the ongoing debate about women’s rights and religious feminism. The context for analysis of women’s experiences is the “Women of the Wall” who have been struggling for the past 30 years for their right to practice their spiritual rituals (praying at the Western Wall) in a hegemonic and masculine arena. We suggest that the “Women of the Wall” and their battle for spiritual equality threaten the hegemonic masculinity. Moreover, this feminist battle expands the feminist revolution and (...) the fights for women’s equality to the religious arena which is dominated by the hegemonic masculinity. The implementation of the Listening Guide, a feminist methodology, assists us in uncovering various voices, representing different aspects of the experiences of the “Women of the Wall” in a conflict zone. These narratives reveal juxtapositions of feelings of competence, determination and vulnerability and shed light on the women’s struggle for gender equality in a hegemonic masculine domain. (shrink)

In this essay, Denike assesses the appropriation of international human rights by humanitarian law and policy of "security states." She maps representations of the perpetrators and victims of "tyranny" and "terror, " and their role in providing a "just cause" for the U.S.–led "war on terror. " By examining narratives of progress and human rights heroism Denike shows how human rights discourses, when used together with the pretense of self-defense and preemptive war, do the opposite of what they claim—entrenching the (...) sovereignty of Western imperialist states while eroding the conditions necessary for the recognition of the human rights of others. (shrink)

This paper sets out a view of a General Jurisprudence that is needed to underpin the institutionalised discipline of law as it becomes more cosmopolitan in the context of “globalisation”, and considers its implications. Part I restates a position on the mission and nature of the discipline of law and of the role of jurisprudence, as its theoretical part, in contributing to the health of the discipline. Part II clarifies some questions that have been raised about this conception of General (...) Jurisprudence: (i) the implications of “globalisation”; (ii) The meaning of “General Jurisprudence” in this context; (iii) The relationship between Jurisprudence, Legal Philosophy, and social scientific approaches to law; and (iv) The significance of the idea of “non-state law”. Part III illustrates through concrete examples some implications for possible agendas and issues suggested by this model within the areas roughly characterised as analytical, normative, empirical, and critical jurisprudence, including critical analysis of the assumptions and presuppositions typically underpinning mainstream work in fields such ascomparative law, public international law, religious law, and socio-legal studies. (shrink)

The international gender equality agenda evolved into one of mainstreaming a gender perspective into all policies and programmes. Within this process, the role of men gained increasing attention in the debates on gender equality. This resulted in the inclusion of ‘men's role’ as one of the themes of the agenda of the Commission on the Status of Women for the year 2004. While this is another step forward in the global efforts for achieving equality between women and men, its potential (...) risks should not be overlooked. Therefore, it is necessary to revisit the concept of gender and carefully assess and monitor how the role of men is included in the agenda. This article starts with the premise that gender inequalities are the product of historically determined gender order in which the differentially assigned male female attributes are unequally structured in layers of privileged and subordinate positions of masculinities and femininities. The concept of patriarchy is brought back into the analysis to capture the interlinkages between the various status hierarchies that lead to shifts in hegemonic forms of masculinity that reproduces itself under diverse and changing conditions. Thus, while the article attempts to account for the generic and universal characteristics of gender inequality, at the same time, it draws attention to its specific socio-cultural manifestations. Finally, policy guidelines are offered for the consideration of the role of men in gender agenda setting. Accordingly, it is suggested that men's initiatives for alternative masculinities are acknowledged and that the questions regarding which men, in what kinds of alliances and for which end are reflected upon in formulating policies. (shrink)

The resurgence of interest in the meaning of citizenship has encouraged debate on its gendered character, especially the relationship between public and private. Informed by such analyses, this article considers the political organizations, in this case in Australia, formed to reclaim maternity care from medical dominance and to promote women's choices as childbearers. As activists, mothers have carved out a new form of politics, transforming their ‘private’ experiences into issues of public contention. Challenging established categories, they have sought to improve (...) their social rights through educating the public and changing professional and institutional practices – for example, asserting their ‘right’ to birth at home and breastfeed in public places. I argue that neither this project, nor that of feminism's emphasis on achieving equality in the public sphere, has been adequate, for gender equity requires intermeshed social, economic and political rights. By conceptualizing mothers as a political collectivity with distinctive, though not homogeneous, interests and needs, the article indicates ways to extend current theoretical frameworks, including postmodernist feminist debates on gender-justice and the politics of differentiated citizenship. (shrink)