Research on the status and experience of women in academia in the last 30 years has challenged conventional explanations of persistent gender inequality, bringing into sharp focus the cumulative impact of small scale, often unintentional differences in recognition and response: the patterns of 'post-civil rights era' dis­crimination made famous by the 1999 report on the status of women in the MIT School of Science. I argue that feminist standpoint theory is a useful resource for understanding how this sea change in (...) understanding gender inequity was realized. At the same time, close attention to activist research on workplace environment issues suggests ways in which our understanding of standpoint theory can fruitfully be refined. I focus on the implications of two sets of distinctions: between types of epistemic injustice (and correlative advantage) that may affect marginalized knowers; and between the resources of situated knowledge and those of a critical standpoint on knowledge production. (shrink)

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)

The need to re-examine established ways of thinking about secularism and its relationship to feminism has arisen in the context of the confluence of a number of developments including: the increasing dominance of the ‘clash of civilizations’ thesis; the expansion of postmodern critiques of Enlightenment rationality to encompass questions of religion; and sustained critiques of the ‘secularization thesis’. Conflicts between the claims of women's equality and the claims of religion are well-documented vis-à-vis all major religions and across all regions. The (...) ongoing moral panic about the presence of Islam in Europe, marked by a preoccupation with policing Muslim women's dress, reminds us of the centrality of women and gender power relations in the interrelation of religion, culture and the state. Added to postmodern and other critiques of the secular-religious binary, most sociological research now contradicts the equation of modernization with secularization. This article focuses on the challenges that these developments pose to politically oriented feminist thinking and practice. It argues that non-oppressive feminist responses require a new critical engagement with secularism as a normative principle in democratic, multicultural societies. To inform this process, the author maps and links discussions across different fields of feminist scholarship, in the sociology of religion and in political theory. She organizes the main philosophical traditions and fault lines that form the intellectual terrain at the intersection of feminism, religion and politics in two broad groups: feminist critiques of the Enlightenment critique of religion; and feminist scholarship at the critical edges of the Enlightenment tradition. The author argues that notwithstanding the fragmented nature of feminist debates in this area, common ground is emerging across different politically oriented approaches: all emphasize ‘democracy’ and the values that underpin it as the larger discursive frame in which the principle of secularism can be redefined with emancipatory intent in a neo-secular age. (shrink)

In both popular and scholarly discussions, sexual consent is gaining traction as the central moral consideration in how people should treat one another in sexual encounters. However, while the concept of consent has been indispensable to oppose many forms of sexual violence, consent-based sexual ethics struggle to account for the phenomenological complexity of sexual intimacy and the social and structural pressures that often surround sexual communication and behavior. Feminist structural critique and social research on the prevalence of violation even within (...) consensual sex suggest that consent is insufficient to ground responsibility; a more fundamental orientation toward the value of sexual agency provides a better foundation for sexual ethics. Using feminist critical theory, phenomenology, and black feminist thought, this dissertation develops a socially situated and relational notion of sexual agency and diagnoses how such agency is neglected in prevailing discussions of consent in moral philosophy and legal theory. I argue that the ethical question of responsibility to another in a sexual encounter—apart from juridical considerations—should be reframed around the value of each person’s socially situated practices of agency. Preceding and extending beyond the obligation to gain valid consent for an action, responsibility demands adapting one’s intentions and behaviors in response to the wider range of another’s communicative expressions of agency. However, communicative expressions can be ambiguous or overdetermined by social context and cultural norms; they often offer only provisional traces of agency. To address this inherent uncertainty in intimacy, I propose drawing on insights from Emmanuel Levinas about the dynamic, open-ended nature of relationality, responsibility, and communication. Responsibility toward another does not depend on securing certainty about their “yes” or “no,” but requires responding continuously under conditions of uncertainty and ambiguity, adapting behaviors and intentions to make room for another’s agency despite its opacity. (shrink)

Analysing two reproductive rights claims brought before the High Court of Namibia and the European Court of Human Rights, this article argues that human dignity is not reducible to a recognized warrant to demand a particular set of goods, services, or treatments. Rather, dignity in the contexts in which women experience sterilization abuse would be better characterized as an existential protest against degradation, a protest that takes concrete form in legal demands for equal citizenship. Equality is conceived here as necessitating (...) the elimination of all forms of discrimination against women in public and private life. The dignity as non-discrimination framework developed in the article thus integrates two of the leading interpretations of dignity in contemporary political philosophy – the existentialist approach that attends to the inward cry against degradation and the view of dignity as the equal, public status of democratic citizenship. (shrink)

This paper examines two different ways of understanding the concept of bodily integrity and their political implications. In Drucilla Cornell's use of the concept, the body cannot be separated from the mind. Protecting bodily integrity means protecting possibilities of imagining the self as whole. Martha Nussbaum's theorizing is based on a liberal way of conceptualizing subjectivity, in which the mind and the body are separate, and bodily integrity is used to refer to physical inviolability.

This paper explores early Australasian philosophy in some detail. Two approaches have dominated Western philosophy in Australia: idealism and materialism. Idealism was prevalent between the 1880s and the 1930s, but dissipated thereafter. Idealism in Australia often reflected Kantian themes, but it also reflected the revival of interest in Hegel through the work of ‘absolute idealists’ such as T. H. Green, F. H. Bradley, and Henry Jones. A number of the early New Zealand philosophers were also educated in the idealist tradition (...) and were influential in their communities, but produced relatively little. In Australia, materialism gained prominence through the work of John Anderson, who arrived in Australia in 1927, and continues to be influential. John Anderson had been a student of Henry Jones, who might therefore be said to have influenced both main strands of Australian philosophical thought. (shrink)

This paper re-examines debates surrounding Irigaray’s ‘essentialism’, arguing that these debates have generated a widespread assumption that realist essentialism is philosophically untenable and that Irigaray must therefore be read as a non-realist, merely ‘political’, essentialist. I suggest that this assumption is unhelpful, as Irigaray’s work shows increasing commitment to a realist form of essentialism. Moreover, I argue that political essentialism is internally unstable because it aims to revalue femininity and the body as symbolized, thereby reinforcing the traditional conceptual hierarchy of (...) the symbolic over the corporeal. I reinterpret Irigaray’s own work as moving away from her earlier political essentialist project of revaluing symbolic femininity, towards the realism of her recent thought, which urges us to revalue and transfigure real, sexually differentiated, bodies by pursuing their cultural expression and enhancement. I aim to show that Irigaray’s recent work is philosophically coherent and sophisticated, and that it opens up the possibility of a radical and transformative kind of realist essentialism. (shrink)

One of the main purposes of feminist jurisprudence is to create or find better ways of being and living for women through the analysis, critique, and use of law. Rich work has emerged, and continues to emerge, from feminist theorists exploring conceptions of the self, personhood, identity and subjectivity that could be used to form a basic unit in law and politics. In this article, it is argued that a strong sense of human subjectivity needs to be retained to enable (...) the human potentiality of women and men to flourish. This can be done in a way which is not essentialist, yet does not dissolve the subject out of existence, issues pertinent to feminist jurisprudence in recent years. (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)

Feminists are starting to look to the work of Pierre Bourdieu, in the hope that it might provide a useful framework for conceptualising the tension between structure and agency in questions of gender. This paper argues that Bourdieu’s analysis of gender can indeed be useful to feminists, but that the options Bourdieu offers for change are problematic. The paper suggests that Bourdieu’s analysis of gender echoes the work of earlier radical feminists, particularly Catharine MacKinnon, in important ways. Consciousness-raising, one of (...) MacKinnon’s strategies for change, sits well with Bourdieu’s concept of habitus, despite Bourdieu’s own scepticism. The paper argues that recasting the role of consciousness-raising in Bourdieu’s theory helps to undermine the deterministic elements of his work. It concludes that a feminist turn to Bourdieu as an attempt to understand gender’s entrenchment-andmalleability can be fruitful, and that such a turn might find a re-engagement with the idea of consciousness-raising helpful. (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)

This article examines the limitations associated with Irigaray’s concept of a culture of difference. I suggest that her concept of sexual difference depends upon a conservative fiction of sameness. I argue that a fiction of phallic sameness underpins her evangelical championing of difference, and that such a fiction retains a conservative blindness to the complexities of contemporary social relations and erases the positive effects oppositional discourses have had on the culture of modernity. I question the debt Irigaray disavows to other (...) non-difference feminism, her insistence that woman are radically marginalized and suggest that her culture of difference is prescriptive and normative. Egalitarian feminism, understood as a postmodern project, is far more strategic, insofar as it offers a multiply-situated analysis of the relationship between women and power within modernity. I replace Irigaray’s negative image of the egalitarian feminist as an unnatural woman with the figure of the cyborg who embraces ontological impurity and strategically works within culture. (shrink)

Central to the functioning of colonialism and coloniality is a specific construction of time, in terms of which the spatial ordering of the world also translates into a temporal ordering. Anthropologist Johannes Fabian argues that there is a specific rhetorical device at work here, namely the ‘denial of coevalness’, which is a colonial distancing strategy through which other worlds are robbed of validity on account of not existing within the same time as the West. In this article, I aim to (...) add to analyses of scholars like Fabian, Chakrabarty and Mignolo by arguing that this colonial temporal ordering, which persists today, is also thoroughly gendered. As a point of departure I use Walter Mignolo’s idea that the denial of coevalness relies on two distinctions, namely nature versus culture, and tradition versus modernity. I argue that the discursive construction of nature (as opposed to culture) and tradition (as opposed to modernity) centres on gendered assumptions and an obsession with control over women’s bodies. In the course of making this argument, I also point out the overlaps, as well as key differences, between woman’s exclusion from Western linear time, on the one hand, and the temporal distancing of the colonised, on the other. In particular, I show how Western linear chronology positions Western women and previously colonised women in vastly different ways. I argue that if one considers the extent to which the denial of coevalness relies on colonial gender discourses, the erasure of indigenous sexuate knowledges that contradict the colonial gender discourses is not one erasure among many, but one of the key erasures that colonial temporality hinges on. A crucial implication of my analysis is that the process of undoing, deconstructing or dismantling the colonial denial of coevalness is also inherently a feminist project. (shrink)

Feminist legal theory has undergone some significant changes over the past thirty years. This article provides an introductory overview of feminist legal theory, from liberal and radical feminism through to postmodernism. It outlines some of the major current issues within feminist legal thought, notably debates surrounding culture and religion, the relationship of sex and sexuality scholarship to feminist research, and the position of women within transitional societies.

The article addresses the tempting questions around feminist cross-mainstreaming, keeping in mind that the feminist movement and feminist critical studies are deeply challenged by globalized marketing, boundary changes and displacements, and ‘over-genderization’. Taking feminist cross-mainstreaming into consideration not only as a concept and/or ‘act of normality’ at the threshold of the 21st century but also as a provocative stand for claiming authority across diverse worlds and boundaries, the author explores this through the problem of the globality of feminism in its (...) contextualization and complexity; the status of feminism from a postsocialist perspective; and implications and potential obstacles of gender mainstreaming. (shrink)

This article explores the life and work of Emma Goldman to formulate a radical critique of intimacy. Goldman’s theory of sexual freedom and revolutionary love offers a feminist vision that challenges contemporary debates concerning uses of the language of feminine desire. Goldman appealed to ideals of feminine instinct and feminine desire in order to challenge the conventional meanings attached to femininity in her day. Her views on marriage, love, sexuality and the feminine are analysed alongside her writings on her own (...) personal experience, in order to illuminate the continuing paradoxes feminists face in regard to definitions and experiencesof femininity. (shrink)

This is the beginning of an exploration of before as the thesis ‘before’ (temporally) and ‘be-fore’ (spatially) difference. Before denotes the origin and the desired destination. Before (in the double sense of ‘before’ and ‚be-in-the-fore’) opens up a space of pre-difference, of origin and of forgotten memory, as well as a space of desire, objective, illusion of teleology, unity, completion. Applied to the two domains of Human Rights and Sex/Gender, the space of ‘before’ yields two slightly different vistas: in human (...) rights, a premodern, functionally undifferentiated society which had to invent human rights as its safeguards of functional differentiation. In Sex/Gender, ‘before’ brings a self-referential construction: that of ipseity, as the form of identity beyond comparison that does not play with id but with ipsum. Ipseity is inoperable but not useless. It is inoperable because it cannot be observed from anywhere without suffering rupture. It is not useless because it offers a ground for the reconceptualisation of difference, both through awe and desire. (shrink)

This article aims to contribute to the question of how to conceptualise the relationship between theory and practice in feminist scholarship in law. It looks in detail at the implications of different issues raised in a recent debate between Anne Bottomley and Ngaire Naffine on the existence of a “legal feminist orthodoxy”. I critique the dominance of ethics over politics and join Bottomley in her attack upon “the ethics of respect for the other”, albeit from a different position. I then (...) look at the ways in which the problem of “essentialism” is being rethought from a feminist perspective. (shrink)

In this article the author revisits the question of how feminist theory/theories could address questions regarding universalism, sameness, difference, and the quest for justice. She reconsiders the quest for justice and equality for women and the possibilities of a feminist perspective on justice and a feminist `community'. The three feminist theorists that she discusses are Martha Nussbaum, Drucilla Cornell, and Iris Marion Young. Nussbaum is closer to a liberal defense of universal values – Cornell and Young stand critical of liberalism (...) and focus on sublimity, dignity, and asymmetrical reciprocity. The author supports the perspective of the latter two theorists and applies these perspectives to aspects of South African equality jurisprudence. She also considers critically the extent to which the Draft Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa breaks with liberal universalism and sameness. To the end she supports a notion of` slowing down' in order to protect women's freedom and dignity, to approach each other with wonder and respect. (shrink)

This paper presents an account of liberal feminism as a capacious family of doctrines. The account is capacious in the sense that it sweeps in a wide variety of doctrines, including some thought to be challenges to liberal feminism, and allows us to refer to doctrines with more than one label—so we can identify, for example, care-ethical liberal feminism, socially conservative liberal feminism, and liberal socialist feminism. The capacious account also provides a conceptual framework to allow us to think with (...) greater clarity about the scope of liberal feminist claims to justice, and about how that justice is to be secured and sustained. Since there is such variety within the liberal feminist family of doctrines, it makes little sense to criticize or defend liberal feminism simpliciter. The capacious account both requires and makes it possible for us to eschew such talk and focus instead on the particular doctrines we have in mind. (shrink)

This thesis examines some of the contested meanings of what it is to be a self, person and individual. The law of obligations sets the context for this examination. One of the important aspects of contemporary feminist philosophy has been its move beyond highlighting inconsistencies in political and legal theory, in which theoretical frameworks can be shown to rely upon an ambiguous treatment of women. The feminist theorists whose work is considered use these theoretical weaknesses as a point of departure (...) to propose different conceptual frameworks. I start by analysing contemporary work on the self from within both philosophy of science and feminist metaphysics to draw out common approaches from these diverse positions. These themes are then discussed in the context of the law. I then critically examine the concept of legal personhood in the work of Drucilla Cornell and her proposals for the amendment of tort law. This is juxtaposed with an analysis of the practical operation of tort law by adapting François Ewald's work on risk and insurance to English law. I concentrate on women's ambiguous position with regard to both risk and to the image of the individual that is the subject of Ewald's critique. This is followed by an examination of the changing position of women with regard to 'possessive individualism', 'self-ownership' or 'property in the person' in relation to contract law and social contract theory. There are a number of different social contracts discussed in the thesis: Cornell's reworking of John Rawls and the stories of Thomas Hobbes and of Carole Pateman. The final 'social contract' to be discussed is that of 'new contractualism', the employment of contract as a technique of government. I argue that Pateman's critique of possessive individualism continues to be relevant at a time when the breadwinner/housewife model has broken down. (shrink)

This article analyses the laws that govern the allocation of parental responsibility for children conceived through non-coital reproduction by lesbians and gay men in England/Wales and Australia. In 2008 both jurisdictions introduced important reforms affecting this area of law, providing new options for the legal recognition of parent–child relationships in lesbian and gay households. However, the practical usefulness or effectiveness of the reforms may be limited by the excessive complexity or obscurity of the system of parental responsibility thus introduced. Furthermore, (...) the reform Acts encourage the formation of some family structures—especially homonuclear families—while discouraging the emergence of more imaginative and cooperative parenting configurations at odds with heteronormative parenting scripts. Only through a clearer commitment to intentionality as a ground for the allocation of parental responsibility will future reform be likely to adequately protect the interests of lesbian and gay parents and their children. (shrink)