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Switch to: References
Citations of:
Transformations: Recollective Imagination and Sexual Difference
New York: Routledge (1993)
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2013 marks 10 years since the Sexual Offences Act 2003 was passed. That Act made significant changes to the law of rape which appear now to have made very little difference to reporting, prosecution or conviction rates. This article argues that the Act has failed against its own measures because it remains enmeshed within a conceptual framework of sexual indifference in which woman continues to be constructed as man’s other. This construction both constricts the frame in which women’s sexuality can (...) |
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The social world contains institutions, groups, objects, and more. This essay explores a puzzle about the essences of social items. There is widespread consensus against social essences because of problematic presuppositions often made about them. But it is argued that essence can be freed from these presuppositions and their problems. Even so, a puzzle still arises. In a Platonic spirit, essences in general seem detached from the world. In an Aristotelian spirit, social essences in particular seem embedded in the world. (...) |
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This article argues—against the present compatibilist orthodoxy in the philosophy of criminal law—for the contemporary relevance of a kind of critique of criminal law known as the ‘determinist challenge’, through a reconstruction of Theodor Adorno’s thought on freedom and determinism. The article begins by considering traditional forms of the determinist challenge, which expressed a widespread intuition that it is irrational or inappropriate for the criminal law to hold people responsible for actions that are causally determined by social and psychological forces (...) |
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The central argument of this article is twofold. First, contemporary feminist gender theory, particularly as it has been used by feminist sociologists in recent years, has been misinterpreted by sexual difference theory in ways that may prevent scholars from fully appreciating current feminist work in the social sciences. Second, gender theory and sexual difference theory rely on different conceptualizations of fundamental concepts in feminist theory, including notions of “gender,”“sexuality,” and “symbolic.” An analysis of three key texts that critique the turn (...) |
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This article traces recent developments in European social theory and psychoanalysis on the theory of the human subject. Critically examining the recent psychoanalytic departures of Julia Kristeva and Jean Laplanche on the status of primary repression as a condition for the constitution of subjectivity, an analysis is presented of the state of the subject in its unconscious relational world. The article suggests ways in which the analyses set out by Kristeva and Laplanche can be further refined and developed, partly through (...) |
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This paper sets out to read how gender is produced in changes to the law of rape introduced in the Criminal Justice and Public Order Act 1994 and in critical academic discussions reflecting on these changes. It utilises the work of Judith Butler in order to form an understanding of how the gendered subject is produced in rape law and in academic discussions about rape law. Through Butler's idea of gender performativity,it contends that neither the statute nor the critique of (...) |
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The past twenty five years have seen an explosion of feminist writing on the philosophical canon, a development that has clear parallels in other disciplines like literature and art history. Since most of the writing is, in one way or another, critical of the tradition, a natural question to ask is: Why does the history of philosophy have importance for feminist philosophers? This question assumes that the history of philosophy is of importance for feminists, an assumption that is warranted by (...) |
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Globalization processes imply the self-deconstruction of the hierarchy of legal norms. Thus, legal pluralism is no longer only an issue for legal sociology, but becomes a challenge for legal practice itself. Traditionally, rule making by `private regimes' has been subjugated under the hierarchical frame of the national constitution. When this frame breaks, then the new frame of legal institutions can only be heterarchical. The origin of global non-state law as a sequence of recursive legal operations is an `as if', not (...) |
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Recent case law on sexual violence crimes heard before the ad hoc international criminal tribunals and courts, that interpret them in connection with ethnic conflict, raises the question of which acts can be defined as sexual violence. The International Criminal Court, in the situation of Kenya, does not regard acts of forced nudity, forcible circumcision and penile amputation as sexual violence when they are motivated by ethnic prejudice and intended to demonstrate the cultural superiority of one tribe over another. The (...) |
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In this article the author revisits Carol Smart’s 1989 publication Feminism and the power of law. She engages with Smart’s main claims by way of a number of other thinkers. Following Marianne Constable’s description of contemporary American legal thought as socio-legal, the author tentatively considers if it could be argued that some strains in contemporary legal feminism that adopted a sociological method resulted in a similar absence of justice that concerns Constable. Smart’s caution against the development of a feminist jurisprudence (...) |
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