(1999). Difference as an occasion for rights: A feminist rethinking of rights, liberalism, and difference. Critical Review of International Social and Political Philosophy: Vol. 2, Feminism, Identity and Difference, pp. 27-55.

On February 22, 2001, three Bosnian Serb soldiers were found guilty of crimes against humanity. Their offense? Rape. This is the first time that rape has been pros-ecuted and condemned as a crime against humanity. Appealing to Jacques Derrida's democracy of the perhaps and Judith Butler's politics of performative contradiction, I see this judgment inaugurating a politics of the vulnerable body which challenges current understandings of evil, war crimes, and crimes against humanity.

Just how care moves us is the subject of Katherine Gardiner’s thesis. Gardiner wants to know how care moves us – or in philosophical terms, how it motivates us. She describes caring as a morally ‘necessary’ activity, which means that we cannot escape responding to the care appeal. However, Gardiner uses the example of ‘Pim’, who cannot care and feels really bad about it - not because he is incapable of caring, but who just can’t. She reviews several versions of (...) care ethics that might persuade him to care, containing concepts like ‘engrossment’, ‘responsibility’, ‘solidarity’, ‘virtue’ and ‘reason’. According to Gardiner, none will do, because they are not compelling enough. She concludes that we need to understand how morality has effect, how it works. Christine Korsgaard’s concept of ‘normativity’ does just this. Korsgaard makes necessary links between making moral decisions and having an identity and being human and argues that acting contrary to any of these will make one “feel worse than death”. Caring for and about others is an important human activity and for some people is a crucial part of their practical identity. Without Korsgaard, we would have to reject Pim as a moral deviant (someone insensible to moral reason); with Korsgaard we can understand Pim’s pain, according to Gardiner. (shrink)

This article engages with the vogue for predicting the effects of the Human Rights Act 1998 by focusing on the rape prosecution and trial. The specific interest is feminist scrutiny of the right to a fair trial, particularly the concept of ‘fairness’, in light of the increasing use of disclosure rules (in Canada and England) to gain access to medical and counseling records. Transcending the two contemporary narratives of ‘victims’/women’s rights and defendants’ rights in the criminal justice system, the authors (...) argue for the infusion of the legal debate on disclosure with feminist understandings of wider cultural debates. They suggest that an increased reflexivity about intimacy, publicity and power, leading perhaps to the development of a concept of ‘democratic publicity’ (Fraser, 1997, p. 100), might help to revision the meaning of ‘relevant’ evidence in the rape trial. They also suggest that the wide-ranging cultural debate about memory, truth and history, and the emerging commitment to experimentation in responding to massive, institutionalised human rights violations (including apartheid, war crimes and child abuse) might be of use in deepening current thinking about the rape trial and listening to the ‘voice’ of the complainant. (shrink)

The relationship between adults and children in liberal democracies is based on two flawed assumptions that are widespread: first, that childhood is an impediment, a passing phase of impaired maturity; and second, that children benefit from the proliferation of rights ascribed to them. Social institutions, and particularly the education system, are correspondingly misconstrued. This article focuses on the combined effect of vulnerability and autonomy as they construct contemporary childhood. I conclude that adults' obligations rather than children's rights are the appropriate (...) social, political and educational basis for adult society's relations with children. (shrink)

The turn of the 1990s saw the emergence of “the political” in feminist theory. Despite there being a number of publications devoted to the theme, the concept itself has remained rather undertheorized. Instead of producing a thoroughly developed concept, it served to create an epistemic community devoted to the political aim of women’s emancipation. In the article, I argue that it would be beneficent for feminist theory to adopt an affirmative stance towards the contingency of politics. This of course poses (...) a challenge to feminist politics, which still operates mainly within the framework of the politics of representation. Nevertheless, Linda Zerilli’s approach, which interprets contingency in an Arendtian vein as the condition of the world-creating and world-building power of feminism as a practice of freedom may prove to be a productive way of approaching the challenging issue of contingency in feminist theory. (shrink)

This paper is a theoretical and empirical investigation into whether persons in subordinate social contexts possess agency and if they do, how do we recognise and recover their agency given the oppressive conditions of their lives. It aims to achieve this through forging closer links between the philosophical arguments and the ethnographic evidence of women's agency. Through such an exercise, this paper hopes to bridge the existing gap between feminist theoretical interventions and feminist politics as well as to increase 'sociological (...) awareness' within feminist philosophical arguments. In order to think about women's agency in oppressive social contexts, the paper evaluates the suitability of existing theoretical frameworks for examining, describing and capturing the autonomy of persons and concludes that a new and a more complex thinking is required to facilitate thinking about human agency within oppressive transcultural contexts. The social context of subordination, the exhibition of agency within and oppressive context and the application of the new theoretical framework is illustrated in an extensive empirical study of the contact with modernity and its accompanying ideas of autonomy and individual rights of rural women belonging to two districts in Rajasthan, North western India. (shrink)