Feminist legal theory has undergone some significant changes over the past thirty years. This article provides an introductory overview of feminist legal theory, from liberal and radical feminism through to postmodernism. It outlines some of the major current issues within feminist legal thought, notably debates surrounding culture and religion, the relationship of sex and sexuality scholarship to feminist research, and the position of women within transitional societies.

This article elicits two overlapping frameworks in which emancipation has been understood and applied to women. The first distinguishes between a) an original definition grounded in Roman Law and defined as release from slavery and b) an Enlightenment sense in which an emancipatory process is associated with a critical ethos. I derive this latter meaning from an analysis of Kant's and Foucault's respective essays on enlightenment. Although they agree that emancipation is an ongoing critical task, I emphasize two aspects of (...) Foucault's version: his attention to practices of liberty that entail bodily as well as subjective reconstruction and his inclusion, among topics for critique, of modernity's ontology of the human subject. In the case of women's emancipation, I argue that both aspects of emancipation must proceed simultaneously because of the distinctive nature of their oppression. For second-wave feminism, I note a continued, although reoriented, equation between women and slaves. But now I identify a further framework whereby emancipation emerges as a threefold although systemic undertaking in which legal, subjectivist, and economic dimensions are at stake. I argue in conclusion that each entails unfinished emancipatory projects that represent timely ways to revive emancipation in the twenty-first century. (shrink)

On March 8, 1987, the Sandinista Liberation Front published its statement on the relation of women's struggles to the Nicaraguan revolution. The author argues that this official statement is consistent with the views of modern feminists on some key points relating to the need to eliminate women's double day, promote women's self-organization, and wage an ideological struggle against sexism if women's subordination is to be eliminated. The author believes that the Sandinista Front's emphasis on ideological struggle and political organization represents (...) an important break with more economistic, orthodox Marxist approaches to analyzing the condition of women and has important implications for Marxist feminism. (shrink)

This introductory essay argues that it is a mistake to represent Australian feminist philosophy as a kind of discourse theory that is “downstream” of the French post-structuralists or North American postmodernists. Starting with the local—and the specifically Australian modes of racial exclusion, in particular—and exploring some of the byways of philosophy, what we encounter is a range of ontological, ethical, and political models that allow a reconfiguration of self, community, and social change.

What happens when well-defined disciplines meet or are confronted with transdisciplinary discourses and concepts, where transdisciplinary concepts are analytical tools rather than specifications of a field of objects or a class of entities? Or, if disciplines reject transdisciplinary discourses and concepts as having no part to play in their practice, why do they so reject them? This essay addresses these questions through a discussion of the relationship between philosophy – the most tightly policed discipline in the humanities – and what (...) I will argue is the emblematically transdisciplinary practice of feminist theory, via a discussion of interdisciplinarity and related terms in gender studies. It argues that the tendency of philosophy to reject feminist theory in fact correctly intuited that the two defining features of feminist theory – its constitutive tie to a political agenda for social change and the transdisciplinary character of many of its central concepts – are indeed at odds with, and pose a threat to, the traditional insularity of the discipline of philosophy. It argues, further, that feminist theory operates with what we should now recognise as a set of transdisciplinary concepts – including, sex, gender, woman, sexuality and sexual difference – and that the use of these concepts in feminist philosophy has been the most far-reaching continuation in the late 20th/early 21st centuries of the critique of philosophy initiated by Marx and pursued by ‘critical theory’. This puts feminist philosophy in a difficult position: its transdisciplinary aspects open it up to an unavoidable contradiction. Nonetheless, this is a contradiction that can and must be endured and made productive. In order to draw out the specificity of the concept of transdisciplinarity at issue the essay begins with a discussion of attempts to define inter- and transdisciplinarity, particularly in gender studies. Arguing for the transdisciplinary origin of the concept of gender, it then suggests one way of understanding its function as a critical concept, before making explicit how this leads to the historical antagonism between traditional philosophy and the critical, transdisciplinary concept of gender and with feminist theory more generally. (shrink)

This paper considers the advantages of incorporating Foucault's anti-essentialist theory of the body into feminist explanations of women's oppression. There are also problems in that Foucault neglects to examine the gendered character of the body and reproduces a sexism endemic in "gender neutral" social theory. The Foucauldian body is essentially passive resulting in a limited account of identity and agency. This conflicts with an aim of feminism: to rediscover and revalue the experiences of women.

It is possible to read Gramsci ? and through him, the tradition of historical materialism ? in such a way that we are enabled to realise a potentially transformative politics of solidarity in a world where capitalist relations are extending and deepening, but which is nonetheless plural. A Gramscian?inflected historical materialism enables an understanding of globalising capitalism, its relations of power and structures of governance, as the product of struggles ? at once material and ideological ? among concretely situated social (...) agents. When viewed in terms of a dialectical reading of Gramsci, these struggles may be seen as reassertions of situated knowledges and process?based understandings of social reality, antithetical to the abstract individualism residing in capitalism?s core, and embodying possibilities for critical engagement, dialogue, and transformative politics in an era of globalising capitalism. (shrink)

Feminist standpoint theory posits feminism as a way of conceptualizing from the vantage point of women's lives. However, in current work on feminist standpoint the material links between lives and knowledges are often not explained. This essay argues that the radical marxist tradition standpoint theory draws on-specifically theories of ideology post-Althusser-offers a systemic mode of reading that can redress this problem and provide the resources to elaborate further feminism's oppositional practice and collective subject.

Feminist standpoint theory posits feminism as a way of conceptualizing from the vantage point of women's lives. However, in current work on feminist standpoint the material links between lives and knowledges are often not explained. This essay argues that the radical marxist tradition standpoint theory draws on-specifically theories of ideology post-Althusser-offers a systemic mode of reading that can redress this problem and provide the resources to elaborate further feminism's oppositional practice and collective subject.

In lieu of an abstract, here is a brief excerpt of the content:Rhetoric and Capitalism:Rhetorical Agency as Communicative LaborRonald Walter GreeneIt is a commonplace to describe rhetorical agency as political action. From such a starting point, rhetorical agency describes a communicative process of inquiry and advocacy on issues of public importance. As political action, rhetorical agency often takes on the characteristics of a normative theory of citizenship; a good citizen persuades and is persuaded by the gentle force of the better (...) argument. More radical visions of argument might include strikes, sit-ins, and boycotts in the rhetorical arsenal of good citizenship, and some might even flirt with violence as rhetorical action. This model of rhetorical agency requires a translation of the conceptual apparatus of rhetoric and its alignment with the problematics of democratic theory and actually existing democratic regimes. Classical models that hoped to harness rhetorical agency to the making of the "orator-statesman" (sic) must reimagine political participation in terms of publics and counterpublics, social movements, electoral campaigns, communication media and technologies, as well as supra- and sub-national institutional settings. As the classical norms of citizenship rub against (post) modern realities, a permanent anxiety over the meaning and potential of rhetorical agency seems destined to be lodged in the critical imagination of rhetorical studies. If politics today is, in Jodi Dean's words, "a domain of financially mediated and professionalized practices centered on advertising, public relations, and the means of mass communication," then actually existing rhetorical agency manifests itself in efforts to "raise the money, buy the television time, register the domain names, build the website, and craft the accessible, user-friendly, spectacular message" (2003, 96).If we recognize Dean's description of the political as an accurate description of the rhetorical situation today, rhetorical studies is left with three strategies: It can refashion a deliberative vision of rhetorical agency into a normative ideal for critiquing the structural conditions (capital, media [End Page 188] concentration) of political participation. Second, it can enlarge the field of normatively acceptable ways and means of political participation, for example, by embracing the more spectacular politics associated with visual and body rhetorics. Finally, rhetorical studies can work on the "demand" side and design new strategies and tactics for activating the rhetorical participation of citizens, for example, by encouraging the creation of communicative norms necessary for reinvigorating voluntary and civic organizations. However, while each of these approaches provides a research agenda, none of them gets at the root cause of the anxiety over agency: the attachment of rhetorical agency to a vision of political change. The anxiety over agency pushes rhetorical critics and theorists into becoming moral entrepreneurs scolding, correcting, and encouraging the body politic to improve the quality and quantity of political participation.The purpose of this paper is to offer an escape route from theorizing rhetorical agency as a model of political communication.1 In opposition to a political-communicative vision of rhetorical agency, this paper suggests a different materialist ontology, one that imagines rhetorical agency as a form of living labor. I will argue that rhetorical agency belongs to the domain of communicative labor, a form of labor increasingly necessary to the workings of contemporary capitalist production. In other words, I want to replace a political-communicative model of rhetorical agency with a materialist-communicative model. To highlight the similarities and differences between the two models, I will focus on how the interface between politics, communication, and economics plays out in the Marxist tradition of rhetorical studies. I will organize this tradition into two sections: the first, represented by James Aune, advocates a hermeneutic approach to rhetorical agency, and the second, represented by Dana Cloud, argues for imagining rhetorical agency as a class-based social movement. By focusing on the work of my comrades, the paper risks being received as a "left sectarian" polemic.2 As I will demonstrate in each section, the problem with these two approaches has less to do with Marxism and more to do with how they turn to hermeneutics and social movements to imagine rhetorical agency in the idiom of communication theory. In the third section of the paper I will resituate rhetorical agency into a materialist ontology of labor and capitalist production. In so... (shrink)