A consensus is building that our planet has entered the so-called age of the Anthropocene—a post-Holocene epoch defined by the significant impact of humans on geological, biotic and climatic planetary processes. On the one hand, there is good reason to exercise caution in relation to this concept of the “Age of Man.” At a time when immoderate anthropogenic impact poses a serious threat to ecological integrity and balance, calling an epoch after ourselves does not necessarily demonstrate the humility we may (...) need to espouse. Moreover, discourses of the Anthropocene risk overwriting important differences among human.. (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 article situates breastfeeding politics in the context of intimate citizenship, where women's capability to care in a range of social spaces is at stake. Drawing on the work of Lefebvre and Fenster, the article considers the extent to which recent breastfeeding promotion work by the Health Promotion Agency in Northern Ireland has sought to reconceive of social spaces in ways that have the potential to improve intimate citizenship for breastfeeding women.

This article is a translation into Spanish of Wendy Brown's article “Suffering rights as paradoxes,” originally published in Constellations in 2000. In this paper, the author considers the difficult relation between selected feminist ambitions and rights discourse in the United States. This translation is part of the dossier “Feminist Political Theory: Tensions, Dilemmas and Debates,” published in Las Torres de Lucca, International Journal of Political Philosophy in July 2020.

Should the remains of aborted fetuses be treated as human corpses or medical waste? How can feminists defend abortion rights without erasing the experiences of women who mourn fetal death or lending support to pro-life constructions of fetal personhood? To answer these questions, I trace the role of abjection and mourning in debates over fetal remains disposal regulations. Critiquing pro-life views of fetal personhood while challenging feminists to develop richer and more compelling accounts of fetal remains, I argue that embracing (...) the ambiguity and diversity of pregnant bodies can strengthen rather than undermine reproductive autonomy. I conceptualize reproductive autonomy relationally, contending that it entails the pregnant subject’s authority to construct as well as to interpret her lived body, including the fetus. Additionally, because the embodied self is inextricable from social context, reproductive autonomy also requires community support. To support these claims, I develop an account of pregnant bodies as ontologically multiple and advocate embracing abjection rather than suppressing it. Finally, I object to fetal remains regulations because they inscribe fetal grievability into the law. (shrink)

In the last few years, it has become a commonplace to state that domination takes place through a multiplicity of axes, where gender, class, race, and sexuality intersect with one another. While a lot of insightful empirical work is being done under the heading of intersectionality, it is very rarely linked to the anarchist tradition that preceded it. In this article, I would like to articulate this point by showing the usefulness but also the limits of the notion of intersectionality (...) to understand mechanisms of domination and then move on to argue for the need of an anarcha-feminist research program. Secondly, I will try to provide the philosophical framework for such an enterprise by arguing that it is in a Spinozist ontology of the transindividual that we can best find the conceptual resources for thinking about the plural nature of women’s bodies and thus of their oppression. This will allow me to attempt to articulate the question of ‘what it means to be a woman’ in pluralistic terms and thus also to defend a specifically feminist form of anarchism. In conclusion, I will go back to the anarcha-feminist tradition and will show why today it is the best possible ally of feminism in the pursuit of a critical theory of society. (shrink)

The extent to which English law remedies injury to autonomy as a stand-alone actionable damage in negligence is disputed. In this article I argue that the remedy available is not only partial and inconsistent but also gendered and discriminatory against women. I first situate the argument within the broader feminist critique of tort law as failing to appropriately remedy gendered harms, and of law more broadly as undervaluing women’s interest in reproductive autonomy. I then show by reference to English remedies (...) law’s first principles how imposed motherhood cases—Rees v Darlington and its predecessor McFarlane v Tayside Health Board—result in gender injustice when compared with other autonomy cases such as Chester v Afshar and Yearworth v North Bristol NHS Trust: A minor gender-neutral ITA is better remedied than the significant gendered harm of imposing motherhood on the claimant; men’s reproductive autonomy is protected to a greater extent than women’s; women’s reproductive autonomy is protected by an exceptional, derisory award. Worst of all, courts refuse to recognise imposed motherhood as detriment; and the deemed, mansplained, nonpecuniary joys of motherhood are used to offset pecuniary upkeep costs, forcing the claimant into a position she sought to avoid and thus further undermining her autonomy. The recent Singaporean case ACB v Thomson Medical Pte Ltd, awarding compensation for undermining the claimant’s genetic affinity in an IVF wrong-sperm-mix-up demonstrates some improvement in comparison to English law, and some shared gender injustices in the context of reproductive autonomy. ACB’s analysis is oblivious to the nature of reproductive autonomy harm as gendered; and prioritises the father’s interest in having genetic affinity with the baby over a woman’s interest in not having motherhood imposed upon her. (shrink)

This article considers, from a feminist perspective, the introduction of the European Equal Treatment Amendment Directive (E.T.A.D.) and its impact on the law of sexual harassment in the United Kingdom. Since feminists identified sexual harassment as a problem for women in the 1970s, feminist legal scholars have focused their attention on the law as a means of redressing it. Bringing claims in the U.K. has been difficult because of the absence of a definition of sexual harassment and reliance in the (...) Sex Discrimination Act 1975 on a comparator approach. These problems are illustrated by the recent House of Lords decision in Pearce v. Governing Body of Mayfield Secondary School(2003). The failure of the House of Lords in Pearce to understand sexual harassment as an issue of substantive equality for women makes the introduction of the European law all the more the pressing. The author discusses the implications of the changes embodied in the E.T.A.D. in the light of feminist theory. She argues that the changes envisaged constitute welcome developments which will make it easier to remedy workplace sexual harassment. However, it is also likely that problems will remain for women in establishing sexual harassment claims, particularly if concepts of reasonableness and unwelcome behaviour continue to form part of the legal definition. (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)

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)

Dignity may just be the most promiscuous normative abstraction. This article, informed by dignity’s historical variability, political theoretic multipurpose, and conflicting jurisprudence, focuses on a particular but influential invocation of the term: dignity as the normative ground for the ‘capabilities approach’ (CA) model of social justice. We ask whether or not the CA, in particular the influential version propounded by philosopher Martha Nussbaum, requires dignity as its foundational premise, and whether or not dignity may be more costly than beneficial for (...) the CA’s vision of a minimally just society. The first section of this article rehearses the warrants of and criticisms against the dignity-basis of Nussbaum’s CA. We canvass the relatively sparse scholarship on dignity within the CA to situate our contribution. The next two sections are case studies, demonstrating dignity’s shortcomings for assessing and regulating sex and abortion, respectively. The fourth section rebuts two possible objections to our criticisms of dignity. The fifth and final section gestures toward another normative abstraction, ‘minimum conditions of individuation’, less polysemic than dignity, which might alternatively ground the CA. (shrink)

This paper considers the ways in which discourses of abortion and discourses of national identity were constructed and reproduced through the events of the X case in the Republic of Ireland in 1992. This case involved a state injunction against a 14-year-old rape victim and her parents, to prevent them from obtaining an abortion in Britain. By examining the controversy the case gave rise to in the national press, I will argue that the terms of abortion politics in Ireland shifted (...) from arguments based on rights to arguments centred on national identity, through the questions the X case raised about women's citizenship status, and women's position in relation to the nation and the state. Discourses of national identity and discourses of abortion shifted away from entrenched traditional positions, towards more liberal articulations. (shrink)

This paper draws upon contemporary feminist philosophy in order to consider the changing meaning of privacy and its relationship to identity, both online and offline. For example, privacy is now viewed by European Court of Human Rights (ECtHR) as a right, which when breached can harm us by undermining our ability to maintain social relations. I briefly outline the meaning of privacy in common law and under the European Convention on Human Rights (ECHR) in order to show the relevance of (...) contemporary feminist thought, in particular the image of selfhood that stresses its relationality. I argue that the meaning of privacy is in the process of altering as a result of a number of contingent factors including both changes in technology, particularly computer mediated communication (CMC), and changes in the status of women. This latter point can be illustrated by the feminist critique of the traditional reluctance of the liberal state to interfere with violence and injustice within the “privacy” of the home. In asking the question: “how is the meaning of “privacy” changing?” I consider not only contemporary legal case law but also Thomas Nagel’s influential philosophical analysis of privacy. Nagel’s position is useful because of the detail with which he outlines what privacy used to mean, whilst bemoaning its passing. I agree with his view that its meaning is changing but am critical of his perspective. In particular, I challenge his claim regarding the traditional “neutrality of language” and consider it in the context of online identity. (shrink)

In this article I explore the usefulness of Spinoza’s ethics for feminism by considering ways in which it allows feminists to rethink privacy. I draw upon some of Spinoza’s central ideas to address the following question: when should information be classed as private and when should it be communicated? This is a question that is considered by the common law courts. Attempts to find a moral underpinning for such a tortious action against invasions of privacy have tended to draw upon (...) Kant’s categorical imperative. In contrast, I want to consider how Spinoza provides an immanent ethics that reconfigures how privacy is understood. (shrink)

This article assesses Jean Hampton’s feminist contractarianism by considering the way in which she draws together the contradictory positions of Hobbes and Kant to produce a test for exploitation in personal relationships. The ways in which this work fits with her other analysis of retribution, gratitude and self-worth are examined. Hampton’s work is evaluated in the context of Carole Pateman’s argument that moral theories distract from the political analysis of who has a voice in relationships. Hampton’s work presumes the social (...) and economic structures that Pateman has done so much to understand. It is useful as a claim for justice in personal relationships, to be considered as part of consciousness-raising or public debate. (shrink)

This intervention queries whether subjecting feminist jurisprudence to a methodological transfiguration toward pragrammatology (Derrida, in Smith and Kerrigan 1984) holds liberating potential for f (be it ‘woman’, ‘female’ or ‘feminine’) as both a signifier and a subject to be read with lucidity and nuance in feminist justice claims. I examine feminist jurisprudence’s methodological challenges in the settler colonial context of Alaska with respect to the murders of Della Brown (in 2000) and Mindy Schloss (in 2007). I advance my case for (...) pragrammatology as a critical methodology for feminist jurisprudence by subjecting the case(s) of Brown and Schloss to a more lucid (re)reading in two related and intersecting moves. First, I trace and deconstruct the citations of Brown and Schloss’ legal narratives to expose violence in the systemisation of f as a power and legal relation (Ahmed in Soc Legal Stud 4:55–73, 1995). I then examine the paradoxical nature of f justice claims which necessitate a pragrammatological approach. I conclude by advancing counsel on how we might move within paradox. (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)

La subordinación de las mujeres a los varones se ha dado por supuesta desde los inicios de la tradición del pensamiento político occidental. Podríamos afirmar que uno de los rasgos constitutivos de esta tradición es presentar esa subordinación como una premisa estructural, cuya eficacia política radica en que pareciera carecer de tiempo y espacio. Algunas voces sostienen que, en realidad, esto no constituye un fenómeno de construcción y reproducción de exclusiones y desigualdades, sino un error metodológico por no interpretar las (...) teorías en su contexto de producción; como si tuviéramos que esperar la llegada del feminismo como movimiento político y tradición teórica para poder ejercer una reflexión crítica sobre los pensadores de la política... (shrink)

This article explores the relationship between neoconservative values and neoliberalism in American jurisprudence through a critique of the US Supreme Court’s Hobby Lobby decision. The article uncovers how the Court imposes market-oriented logic on religious expression and in the process spiritualizes economic activity. In this way neoliberal rationality is intertwined with neoconservative values. For example, exercising religion through corporatization can be understood as a neoconservative moderation of the corrupting influence of excessive neoliberal individualism. Finally, while the decision furthers employer control (...) of workers’ reproduction, the Court’s proposed workaround—a direct government contraceptives program—would undermine that control and points to another, more emancipatory response to the problems of neoliberalism. (shrink)

In the paper, I argue that the existing model of cultural-legal transplantation predicates on a binarism of overseas/local culture. Seeing the limitation of such a binary model, I aim to develop a transplantation/osmosis mechanism by elaborating the model of ‘cultural simularity’. I will also use the proposed model to examine how the Euro-American discourses of justice infiltrates/interacts with the Han-Chinese culture.