Moira Gatens investigates the ways in which differently sexed bodies can occupy the same social or political space. Representations of sexual difference have unacknowledged philosophical roots which cannot be dismissed as a superficial bias on the part of the philosopher, nor removed without destroying the coherence of the philosophical system concerned. The deep structural bias against women extends beyond metaphysics and its effects are felt in epistemology, moral, social and political theory. The idea of sexual difference is contextualised in _Imaginary (...) Bodies_ and traced through the history of philosophy. Using her work on Spinoza, Gatens develops alternative conceptions of power, new ways of conceiving women's embodiment and their legal, political and ethical status. (shrink)

In ____Bodies That Matter,__ Judith Butler further develops her distinctive theory of gender by examining the workings of power at the most "material" dimensions of sex and sexuality. Deepening the inquiries she began in _Gender_ _Trouble,_ Butler offers an original reformulation of the materiality of bodies, examining how the power of heterosexual hegemony forms the "matter" of bodies, sex, and gender. Butler argues that power operates to constrain "sex" from the start, delimiting what counts as a viable sex. She offers (...) a clarification of the notion of "performativity" introduced in _Gender Trouble_ and explores the meaning of a citational politics. The text includes readings of Plato, Irigaray, Lacan, and Freud on the formation of materiality and bodily boundaries; "Paris is Burning," Nella Larsen's "Passing," and short stories by Willa Cather; along with a reconsideration of "performativity" and politics in feminist, queer, and radical democratic theory. (shrink)

In the case of Bellinger v. Bellingerthe House of Lords has for the first time exercised the power to make a declaration of incompatibility under s. 4 of the Human Rights Act 1998, finding that U.K. law on marriage is in breach of Articles 8 and 12 of the European Convention on Human Rights. This case note argues, however, that despite this decision, and despite also recent judgements of the European Court of Human Rights upholdingthe rights of transsexual people, the (...) principles applied in Bellingerdemonstrate that judicial discourse on transsexuality remains bound within the heterosexual and biological framework of Corbett v. Corbett. (shrink)

What is a woman? And what does it mean to be a feminist today? In her first full-scale engagement with feminist theory since her internationally renowned Sexual/Textual Politics (1985), Toril Moi challenges the dominant trends in contemporary feminist and cultural thought, arguing for a feminism of freedom inspired by Simone de Beauvoir's The Second Sex. Written in a clear and engaging style What is a Woman? brings together two brand new book-length theoretical interventions, Moi's work on Freud and Bourdieu, and (...) her studies of desire and knowledge in literature. In the controversial title-essay, Toril Moi radically rethinks current debates about sex, gender, and the body - challenging the commonly held belief that the sex/gender distinction is fundamental to all feminist theory. Moi rejects every attempt to define masculinity and femininity, including efforts to define femininity as that which 'cannot be defined. In the second new book-length essay, 'I am a Woman', Toril Moi reworks the relationship between the personal and the philosophical, pursuing ways to write theory that do not neglect the claims of the personal. Setting up an encounter between contemporary theory and Simone de Beauvoir, Moi radically rethinks the need, and difficulty, of finding one's own philosophical voice by placing it in new theoretical contexts. A sustained refusal to lay down theoretical or political requirements for femininity, and a powerful argument for a feminism of freedom, What is a Woman? is a deeply original contribution to feminist theory. (shrink)

This paper argues, first, that the legal construction of transsexualism is a matter of interest, not only to members of the trans community, but to all students of gender, including feminists. The paper then proceeds to explain and analyse, using feminist perspectives, key aspects of the Gender Recognition Act 2004 in the light of the recent caselaw concerning the rights of trans persons. The 2004 Act, it is argued, is a conservative move, which attempts to deny the threat transsexualism poses (...) to the binary system of gender, by instigating a system to formally ‘recognise’ only men and or women. However, the way in which the Act constructs the public/private divide and the mind/body relation carries potential for legal recognition of subject positions which may in a variety of ways be ‘beyond’ the binary system that is currently orthodox. The paper can as such be read as a case study in the legal (re)construction of gender, the gender/sex relation, and the widespread tendency to construct gender conservatively. (shrink)

It surely would lighten the tasks of feminism tremendously if we could cut to the quick of women's lives by focusing on some essential "woman- ness." However, though all women are women, no woman is only a woman. Those of us who have  ...

Contemporary feminist debates over the meanings of gender lead time and again to a certain sense of trouble, as if the indeterminacy of gender might eventually culminate in the failure of feminism. Perhaps trouble need not carry such a..

Written over a span of more than two decades, the essays by Iris Marion Young collected in this volume describe diverse aspects of women's lived body experience in modern Western societies. Drawing on the ideas of several twentieth century continental philosophers--including Simone de Beauvoir, Martin Heidegger, Luce Irigaray, Julia Kristeva, and Maurice Merleau-Ponty--Young constructs rigorous analytic categories for interpreting embodied subjectivity. The essays combine theoretical description of experience with normative evaluation of the unjust constraints on their freedom and opportunity that (...) continue to burden many women. The lead essay rethinks the purpose of the category of "gender" for feminist theory, after important debates have questioned its usefulness. Other essays include reflection on the meaning of being at home and the need for privacy in old age residences as well as essays that analyze aspects of the experience of women and girls that have received little attention even in feminist theory--such as the sexuality of breasts, or menstruation as punctuation in a woman's life story. Young describes the phenomenology of moving in a pregnant body and the tactile pleasures of clothing. While academically rigorous, the essays are also written with engaging style, incorporating vivid imagery and autobiographical narrative. On Female Body Experience raises issues and takes positions that speak to scholars and students in philosophy, sociology, geography, medicine, nursing, and education. (shrink)

One of the most talked-about scholarly works of the past fifty years, Judith Butler’s _Gender Trouble_ is as celebrated as it is controversial. Arguing that traditional feminism is wrong to look to a natural, 'essential' notion of the female, or indeed of sex or gender, Butler starts by questioning the category 'woman' and continues in this vein with examinations of 'the masculine' and 'the feminine'. Best known however, but also most often misinterpreted, is Butler's concept of gender as a reiterated (...) social _performance _rather than the expression of a prior reality. Thrilling and provocative, few other academic works have roused passions to the same extent. (shrink)

U.K. regulation of sexual identity within a marriage context has traditionally been linked to biological sex. In response to the European Court of Human Rights decisions in Goodwin and I.,2 and in order to address the question of whether a transsexual person can be treated as a “real” member of their adoptive sex, the U.K. has recently passed the Gender Recognition Act 2004. While the Act appears to signal a move away from biology and towards a conception of sexual identity (...) based on gender rather than sex, questions of sexual identity remain rooted in medico-legal assessments of the individual transsexual body/mind. In contrast, because transsexual people in some parts of Canada have been able to marry in their post-operative sex since 1990, contemporary debates on the sexual identity of transsexual people in British Columbia and Ontario do not focus on the validity of marriage, and more frequently centre upon the provision of goods and services, in human rights contexts where sex is said to matter. Currently in Canada this is prompting questions of what it means to be a woman in society, how the law should interpret sex and gender, and how, if at all, the parameters of sexual identity should be established in law. This article seeks to compare recent U.K. legal conceptualisations of transsexuality with Canadian law in this area. As human rights discourse begins to grow in the U.K., the question remains as to whether or not gender will become an adequate substitute for sex. (shrink)

The book constitutes a reconsideration of her earlier view on gender performativity from Gender Trouble. In this work, the critique of gender norms is clearly situated within the framework of human persistence and survival.

In the case of Bellinger v. Bellingerthe House of Lords has for the first time exercised the power to make a declaration of incompatibility under s. 4 of the Human Rights Act 1998, finding that U.K. law on marriage is in breach of Articles 8 and 12 of the European Convention on Human Rights. This case note argues, however, that despite this decision, and despite also recent judgements of the European Court of Human Rights upholdingthe rights of transsexual people, the (...) principles applied in Bellingerdemonstrate that judicial discourse on transsexuality remains bound within the heterosexual and biological framework of Corbett v. Corbett. (shrink)

This article will provide a critique of tworecent English marriage law decisions, thefirst concerning a (female to male) transgenderman and the second a (male to female)intersexed woman. It will do so throughconsideration of the dialogue between each andthe landmark transgender case of Corbett v. Corbett. It will highlight howboth decisions, in seeking to minimise the factof `departure' from Corbett, serve toreproduce key elements of that decision whichserve to undermine the future prospects fortransgender law reform in the English context.In particular, both (...) decisions, in differentways, or with different emphases, ensure that`legal sex' continues to be determined by(bio)logical and temporal factors. Crucially,however, as in Corbett, it is legalanxiety over the boundaries of the `natural',and the homophobia of law, that underscoresthis anxiety, that account for these particularconstructions of `legal sex'. (shrink)

This note critically interrogates the Civil Partnership Act 2004. Through an examination of the legislative background and some of the provisions of the Act, it is argued that civil partnership mirrors a marriage model with some exceptions. In creating this new legal status, the legislation also exacerbates the exclusion of some relationship forms from dominant legal norms. It should be understood as part of an agenda for social inclusion, rather than as radical social change.