While the turn to vulnerability in law responds to a recurrent critique by feminist scholars on the disembodiment of legal personhood, this article suggests that the mobilization of vulnerability in the criminal courts does not necessarily offer female drug mules a direct path to justice. Through an analysis of sentencing appeals of female drug mules in England and Wales, this article presents a feminist critique of the dispositif of the person and its relation to vulnerability. Discourses on drug mules’ vulnerability (...) mobilize the trope of the colonial victim in need of protection, which is often translated into legal mercy. But mercy is rather an expression of biopower which inscribes not only fragility onto the bodies of drug mules by figuring them as exemplar paradigms of colonial subjectivity, but also reinvigorates the dispositif of gender implicit in the legal person. In this set-up, it would appear as if law and politics totalize the registers of life, in this case the contours of vulnerable body. The article suggests we must revisit the image of the wounded body in order to carve out a space for resistance. Drawing on Elaine Scarry and Judith Butler, it suggests vulnerable bodies are marked by a semiotic openness, which renders them subject to appropriation but also able to signify the precarity produced by the law through their resistance to representation. (shrink)

This article centres on the legal recognition of same-sex marriage with a view to exploring the issue of unspeakability; that is, the condition whereby some questions cannot be articulated because of a lack of words. More specifically, the article will explore what happens to those social practices that are not given legal speakability and thereby legal recognition/protection. To this end, I first focus on how words are produced in the sphere of everyday life and their dependence on the existence of (...) a widespread normality. I then discuss how the law sees to the preservation and the reproduction of normality by providing a set of categories which are made available to law-abiders to settle disputes when they arise. In doing so, I elucidate the twofold role played by law as both a selective and a creative device. To cast some light on the particular way law operates, I discuss an important decision by the Italian Constitutional Court in 2010, which provides a telling example of how legal officials are able to seal off the set of legal categories and to leave some issues in the sphere of the unspeakable. I then unearth a paradox: while unspeakability reveals a condition of powerlessness, the acquisition of speakability could bring about even harsher exclusionary effects. I conclude by arguing that the entry into the sphere of official law is always a Janus-faced achievement, but can play as an effective instrument of critique. (shrink)

This article provides a critical analysis of the manner in which prostitution and trafficking for the purposes of sexual exploitation was ‘framed’ by official discourses in order to support the reforms in England and Wales contained within the Policing and Crime Act 2009. Drawing upon the recent work of Judith Butler, emphasis will be placed on how the schema of the vulnerable prostitute was fundamental to invoking emotional affects, which justified certain political effects, especially the move towards criminalising the purchase (...) of sexual services. However, on closer analysis the article will uncover an agenda influenced by law and order/morality, immigration and a ‘fear of the enemy’. Furthermore, it will be argued that New Labour’s framing of the problematic enabled the State to avoid dealing with the more difficult, but more urgent, issues of the differential distribution of wealth, precarity and the engendering of an ethical and global responsibility for the other. (shrink)

For good reasons we often think about ethics and strategy as two opposing categories. But as surfaces in which we see social practices reflected, as abstract planes in which social consciousness resides and which subjectivities reinvent, they share some deep and perhaps uncomfortable similarities. In this paper, we question whether they are irreconcilable categories and, through a discussion of the paradoxes of strategy and the antinomies of ethics, we examine their fraught relationship in current economic responses to the crisis. First, (...) we outline the discursive topographies of strategy and ethics in respect to their abstract relations, and examine their integument in business ethics and strategy in context. Then, we show how there cannot be a simple coexistence of these two categories in organisational practice: one must in fact be subordinate to the other, although this subordination can produce the persistence of the other, even in its negation. Finally, we conclude that the asymmetrical nature of ethics and strategy entails that whereas ethics can immanently give rise to strategy, strategic questions on their own can only produce anti-systemic ethical responses. (shrink)

Legal judgment writing mobilises a process of story-telling, drawing on existing judicial discourses, precedents and practices to create a narrative relevant to the specific case that is articulated by the presiding judge. In the Feminist Judgments projects feminist scholars and activists have sought to challenge and reinterpret legal judgments that have disadvantaged, discriminated against or denied women’s experiences. This paper reflects on the process of writing as a feminist judge in the Australian Project, in an intimate homicide case, R v (...) Middendorp. Drawing on the work of Judith Butler on intelligibility, iterability and the communality of violence and vulnerability, this article argues that feminist judgments necessarily require some uncomfortable compromises with unjust gendered institutions. While ‘donning the robes’ may be an uncomfortable process, a feminist re-articulation of the law’s carceral power serves to unsettle and challenge some aspects of gendered oppression, even though it cannot unsettle the operation of the institution. The article concludes that effective feminist interventions by members of the judiciary may require donning robes that are not entirely comfortable in order to persuade and advocate for change. (shrink)

Schmitt insists that the sovereign decision is unavoidable, that even an anarchist is caught in the trap of sovereignty when he tries to ‘decide against decision’. This article begins to think about a critical legal vocabulary that might suspend the necessity of the will to constitute, while emphasising the creativity of the constituent moment. The terms inoperativity, dis-enclosure and dissensus are developed and deployed in order to think about certain aspects of the Tunisian revolution. In particular, the article focuses upon (...) the refusal of the state of the situation, the subtraction of loyalty and the insistence of a form of life beyond Ben Ali’s sovereign order. (shrink)

In June 21, 1990, the Joneses, an African-American family living in the mainly white and working-class neighbourhood of St. Paul in Minnesota, saw a small white cross burning in their yard. By placing the burning cross on the yard, the Minnesota Supreme Court argued that one of the accused, Robert A Viktora, had engaged in ‘fighting words’. However, the US Supreme Court reversed this decision, arguing that the local authority in St Paul only legally banned certain ‘fighting words’, but not (...) others. Judith Butler explores this legal case, R.A.V. v. St. Paul. Judith Butler argues in her earlier work that the Supreme Court in effect represented the burning cross as being non-performative and simply a vehicle of expression rather than a historical symbol of hate speech towards African-Americans. In this paper, I look again at the R.A.V. case. But I do so by both drawing on what Butler explicitly says about the case in her early work and integrating this with her later work on the ethics of grief, state hegemony and public assemblies. Furthermore, I also incorporate some of the insights of the Bakhtin Circle into Butler’s work to strengthen her arguments. The paper then revisits R.A.V. v. St. Paul and shows how Reaganite state hegemony effectively transformed issues of racism surrounding this free speech case into ‘monologic’ and ‘ungrievable’ public matters of concern. The paper concludes by briefly discussing counter-hegemonic politics of free speech. (shrink)

This paper attempts to explore the effects of the political developments that followed the financial crisis of 2008, particularly after the uprisings of 2011, on the field of philosophy and more specifically on philosophical practice. Philosophical practice concerns not only methodology and forms of argumentation but also and mainly the dispositive of the philosopher him/herself, that is the place he/she occupies and from which h/she speaks. Drawing from Gramsci’s and Althusser’s reading of Machiavelli an argument is developed according to which (...) certain conjunctures produce the possibility of a void both at the political and the philosophical level; a void which can disrupt the normal reproduction of political relations of power and of the dominant philosophical discourse. The task of materialist philosophy, which in those circumstances becomes even more urgent, is not to devote itself in securing the piece on the field of the philosophical and political battle but in contrast to point out the possibility of the emergence of the void and articulate philosophical positions aimed to intensify the rupture and thus to produce effects tending to realise the possibility of radical change. (shrink)