Abortion has long been a central issue in the arena of applied ethics, but, the distinctive analysis of feminist ethics is generally overlooked in most philosophic discussions. Authors and readers commonly presume a familiarity with the feminist position and equate it with liberal defences of women's right to choose abortion, but, in fact, feminist ethics yields a different analysis of the moral questions surrounding abortion than that usually offered by the more familiar liberal defenders of abortion rights. Most feminists can (...) agree with some of the conclusions that arise from certain non-feminist arguments on abortion, but they often disagree about the way the issues are formulated and the sorts of reasons that are invoked in the mainstream literature. (shrink)

This article places Foucault 's 1977 suggestions regarding the reform of French rape law in the context of ongoing feminist debates as to whether rape should be considered a sex crime or a species of assault. When viewed as a disciplinary matrix with both physical and discursive effects, rape and the rape trial clearly contribute to the "hysterization" of women by cultivating complainants' confessions in order to demonstrate their supposed lack of self-knowledge.

This article places Foucault's 1977 suggestions regarding the reform of French rape law in the context of ongoing feminist debates as to whether rape should be considered a sex crime or a species of assault. When viewed as a disciplinary matrix with both physical and discursive effects, rape and the rape trial clearly contribute to the “hysterization” of women by cultivating complainants' confessions in order to demonstrate their supposed lack of self-knowledge.

In this article, the authors examine how the debate over women's executions during the nineteenth and early twentieth century funneled and in various ways processed the contrary demands of gender and capital justice. They show how encounters with capital punishment both reflected and reinforced dominant interpretations of womanhood and as such contributed to the intricate web of normative strictures that affected all women at the time. At the same time, however, the often heated debates that accompanied such cases pried open (...) some of the contradictions inherent in the dominant interpretations and, as a result, came to challenge the boundaries that separated not only women from men but also women from each other. Rather than viewing gender as a unidirectional influence on capital punishment, the authors argue that gender is best approached as an evolving social category that gets reconstructed, modified, and transformed whenever it is implicated in social practices and public debates. (shrink)

The article discusses some of the major issues which need to be examined in a gendered reading of citizenship. However, its basic claim is that a comparative study of citizenship should consider the issue of women's citizenship not only by contrast to that of men, but also in relation to women's affiliation to dominant or subordinate groups, their ethnicity, origin and urban or rural residence. It should also take into consideration global and transnational positionings of these citizenships. The article challenges (...) the gender-blind and Westocentric character of many of the most hegemonic theorizations of citizenship, focusing in particular on the questions of membership in ‘the community’, group rights and social difference and the ways binaries of public/private and active/passive have been constructed to differentiate between different kinds of citizenships. The article argues that in order to be able to analyse adequately people's citizenship, especially in this era of ethnicization on the one hand and globalization on the other hand, and with the rapid pace at which relationships between states and their civil societies are changing, citizenship should best be analysed as a multi-tiered construct which applies, at the same time to people's membership in sub-, cross- and supra-national collectivities as well as in states. (shrink)

How does so much gender inequality endure in an era when many laws and policies endorse principles of gender equality? This essay examines this dilemma by considering Susan Moller Okin's criticism of “false gender neutrality,” research on implicit bias, and the shifting relation of gender bias to American law. I argue that these are crucial elements of the modern cycle of gender inequality, enabling it to operate through a perverse “invisible-hand” mechanism. This framework helps convey how underlying gender bias influences (...) individual behaviors that generate, legitimate, and mask broad patterns of inequality. Contemporary legal conflicts reflect many of these dynamics, which appear in controversies over gender-based violence, gender discrimination in pay and promotion, and women's reproductive health care benefits. This analysis advances our understanding of how the contemporary cycle of gender inequality operates, the complex links between individual behavior and structural bias, and the difficulty of pursuing gender justice through prevailing frameworks of law and liberalism. It also underscores the continued importance of feminists' collective work to address “invisible” as well as visible biases. (shrink)

The gendered assumptions embedded in the construction of the rational individual are well established in Western feminist thought but inapplicable to describe societies operating on different principles, such as East European state socialism. This article identifies the communist subject as the building block of communist political ideology and argues that this formulation was no less male biased than its counterpart, the rational individual under liberal capitalism. In state socialist Hungary this male bias came to be expressed differently: Women were integrated (...) into society through membership in a social group perceived as relatively homogeneous regarding interests and obligations and with gender-specific qualities and privileges. These qualities were considered inferior to men's since women—because of household responsibilities—were not capable of total devotion to the communist party. The author explores this construction of the female communist subject through a content analysis of classified materials from the archives of the Hungarian Socialist Workers' Party. (shrink)

The ArgumentThis paper describes the way in which a simple device, the pregnancy wheel, has been used by the medical profession to impose a new way of measuring and experiencing pregnancy.The change involves counting in weeks instead of counting in months and it is gradually replacing a commonsensical method that had deep physiological and cultural roots. In contrast, the medical methodology of counting forty weeks is more complicated and lacks direct connections to the events of pregnancyIn the encounter between the (...) doctor and the pregnant woman the pregnancy wheel has a variety of uses, among them determinations of the age and estimated size of the fetus.It plays an additional role, however, in the medicalization of pregnancy by providing the doctor with privileged information. It also influences modes of thinking through the way in which it deals with the question of the beginning of pregnancy, a question that has clear moral implications. (shrink)

This article examines arguments concerning the right of an unwed biological father to consent to the adoption of his offspring, and to take custody of the child even against the mother's wishes. The understanding of gender-neutrality that supposedly supports many such arguments is false, and risks diminishing women's decision-making authority under the guise of sex equality. Laws governing unwed parent's rights must emphasize the centrality of parental responsibility in establishing parental rights.

This article compares the social movement mobilization that led to reforms in police and judicial handling of battering in the United States to the movement ideology, organization, and tactics that resulted in analogous policy reform in the processing of dowry burnings and beatings in India. Using field notes and secondary sources from both countries, the article examines how both movements redefined violence against women in families as a public issue, then looks at how movement demands affected policy reform in each (...) country. The analysis questions the current conceptualization of social movement success. Social movements theory assumes that entry into the polity of liberal, democratic states constitutes success in the sense of social change. Yet the cases analyzed suggest that assumptions about the gender neutrality of state response to movements prevents researchers from critically examining the outcomes of social movement mobilization. Moreover, institutionalization of women's movement demands and organization may diminish the capacity of such movements to control the social construction of domestic violence against women by providing protection without empowerment. (shrink)

This article examines a select sample of popular magazines and self-help books to address the question: How is premenstrual syndrome constructed discursively as a legitimate disease worthy of medical attention and public discussion? The author finds that some women have been active participants in the construction of PMS as a medical disease. In particular, she finds that accounts of women's experiences of premenstrual symptoms figure prominently in the rhetorical legitimation of PMS as a medical phenomenon in the popular press and (...) self-help books. At the same time, the author examines the gendered assumptions about gender, health, and normality that underlie how women's “experiences” are incorporated into the construction of PMS. In particular, she asks whose experience is part of the medical legitimation of premenstrual symptoms and argues that the case of PMS illustrates the need for feminists to problematize biological as well as social experiences. (shrink)

The principle of coverture in Lebanon is defined and examined through a study of the Christian personal status codes. While these do not necessarily reflect the social status of women, they remain highly discriminatory against women in the legal realm. This is seen as the result of archaic laws, the patriarchal social order, and the strong influence of Islam. No change is seen as possible without an attempt at the unification of all personal status codes and their modification or replacement (...) with a uniform civil law to provide absolute gender equality. (shrink)

This thesis draws on poststructuralism/postmodernism to present a feminist investigation into the human body, its modes of (self)identification, and its insertion into systems of bioethics. I argue that, contrary to conventional paradigms, the boundaries not only of the subject, but of the body too, cannot be secured. In exploring and contesting the closure and disembodiment of the ethical subject, I propose instead an incalculable, but nonetheless fully embodied, diversity of provisional subject positions. My aim is to valorise women and situate (...) them within a reconceived ethics which takes account of the embodied feminine. My project entails an analysis and deconstruction of the binaries of those dominant strands of postEnlightenment thought that shape epistemology, ontology, and ethics, which in turn set the parameters of modern bioethics. More importantly, it goes on to reclaim a radical sexual difference beyond the binary, in which the female is no longer the other of the male. My enquiry, then, is strongly influenced by the discursive approach offered by both Foucault and Derrida in differential ways, but I counter their indifference to feminist concerns by qualifying their insights in the light of strategies developed by Irigaray and Spivak, among others. The main method of investigation has been through library research of primary and secondary sources in mainstream and feminist philosophy, and in bioethics. In addition, archival work in both textual and iconographic collections was carried out at the Wellcome Institute for the History of Medicine. The contribution made by this thesis is to go beyond modernist feminisms - which would simply revise and add women into existing paradigms - to radically displace and overflow the mechanisms by which women are devalued. And in developing a postmodern critique around some issues in bioethics, I have suggested a new ethics of the body which precedes the operation of moral codes. (shrink)

Three-dimensional ‘bioprinting’ is under development, which may produce living human organs and tissues to be surgically implanted in patients. Like tissue engineering and regenerative medicine generally, the process of bioprinting potentially disrupts experience of the human body by redefining understandings of, and becoming actualised in new practices and regimes in relation to, the body. The authors consider how these novel sociotechnical imaginaries may emerge, having regard to law’s contribution to, as well as its possible transformation by, the process of 3D (...) bioprinting. The authors draw on Gilbert Simondon and corporeal, material feminists to account for these disruptions as ‘ontogenetic,’ in the sense that technology can produce new ontologies or beings. The authors focus namely on ontogenesis, individuation and the pre-individual forces that comprise, and yet remain inexhausted by, the process of 3D bioprinting. The authors argue legal phenomena are pre-individual forces that ‘in-form’ ontogenesis. These pre-individual forces are indistinguishable from those implicated in the individuation of the body’s physical form; thereby, the individuation of the bodily material through 3D bioprinting may be expressive and generative of sociolegal phenomena, at least as those relate to the body. The authors conclude that 3D bioprinting shores up conventional, liberal conceptions in law of the human body as individual, bounded and primarily contractual. Three-dimensional bioprinting may introduce ontological difference to the extent it promises and realises a new temporality of the human as a species- and legal-subject, although such a development would only seem to expand, rather than attenuate, a biopolitical regime. (shrink)

In 1997, the American Academy of Pediatrics issued a policy statement strongly supporting the physiological benefits conferred by human milk. It recommended that infants be breastfed for 12 months and called for employers to support breastfeeding. The following year, federal legislation was formulated to facilitate breastfeeding among women in paid work. Although both these events represented significant developments in the U.S. context, they nevertheless posed potential gender equity concerns. This article explores the National Organization for Women's response to these developments. (...) In doing so, it also examines the way in which the issue of breastfeeding and women's labor market involvement was addressed in equal-treatment/special-treatment debates in the previous decade. The article concludes by arguing that “equality and difference” discussions need to be extended to provide a new theoretical and practical framework for achieving equity in the workplace that would also accommodate the needs of women who wish to breastfeed or to express/pump breast milk. (shrink)

In this paper I present a critical analysis of the English law relating to the safeguarding of vulnerable adults, in particular how the law impacts on the sexual lives of adult women with mental disabilities. I consider the discourses of vulnerability that surround the different legal regimes and whether the emerging theoretical vulnerability literature can assist in developing more nuanced legal responses. I argue that the inherent jurisdiction and Care Act 2014 provide an opportunity to move away from the focus (...) on inherent features of vulnerability such as mental disability towards a more nuanced, situational and embodied account of what it means to safeguard ‘vulnerable adults’. This has the potential to be developed in England through the new legal framework of the Care Act and can be achieved through targeting interventions against the situational causes of vulnerability, for example the perpetrators of sexual violence. (shrink)

This article reviews the feminist theorization of the concept of citizenship in an attempt to contextualize it in a situation where the basic ingredients for a sovereign state do not exist. The formation of the Palestinian Authority included the reconstruction of the Palestinian ‘imagined’ community within which approaches to gender policies were reformulated to suit a new era. However, the feminist use of the concept of citizenship itself comes into question under conditions of prolonged Occupation. In this analysis, I submit (...) that while women’s NGOs and grass-roots organizations have an important role to play in creating space for women to politicize their demands in advocating full citizenship rights, there are serious limits to what institutions of civil society can achieve when the basic foundations for the state are in a precarious situation. (shrink)