In this article, I examine the seemingly incompatible epistemologies of sex offered by dominance (‘governance’) feminism and queer theory. While these bodies of work, especially when applied to US legal and political activity on prostitution, are commonly viewed as divergent sparring partners, I propose a ‘convergence’ of the two in the form of a revived and enhanced sex-positive feminism. If dominance feminism is the ‘theory of no’ to heterosexuality’s male gender power, and if queer theory is the ‘theory of yes’ (...) to the defiant possibilities of sex, sex-positive feminism is a ‘theory of maybe’: it examines practices of gender and sexuality in multiple contexts to find the ways in which heterosexuality can sometimes reify, and other times resist, the transfer of eroticised dominance and submission to political practices of patriarchy. After tracing the split between feminism and queer theory and arguing for a ‘sex-positive queer feminism’, I use the example of prostitution to consider some theoretical and practical implications of this shift in feminist lenses. (shrink)

This paper argues for a psychological understanding of Nietzsche's categories of master and slave morality. Disentangling Nietzsche's parallel discourses of strength, superiority, and spirituality in the first essay of On the Genealogy of Morals, I argue that master and slave morality are better understood as ethical practices of the self than surrogates for either a binary classification of strength and weakness or a political demarcation of oppressor and oppressed. In doing so, I offer an application of this analysis to the (...) horrific violence visited upon the Gaza Strip by Israel in its 2008-09 military assault. (shrink)

El propósito central de este ensayo consiste en contextualizar el debate contemporáneo entre la abolición de la prostitución o la regulación el trabajo sexual en la dinámica de un humanitarismo sexual altamente sentimentalizado. El texto muestra, en primer lugar, que la compasión —como fuerza central que mueve al humanitarismo sexual a “rescatar” a las víctimas de explotación sexual— no es necesariamente, como sostienen algunos, una fuerza que silencia a quien la recibe. Las diferencias de contexto y de dinámicas políticas, pueden (...) determinar que, en ciertas ocasiones, la compasión efectivamente silencie, mientras que en otras puede dar lugar a dinámicas sociales verdaderamente emancipatorias. El artículo propone, así, que, en cada caso concreto en que aparece la compasión como fuerza movilizadora, se haga un análisis pragmático de los costos y beneficios de este uso. En segundo lugar, el ensayo traslada el marco conceptual anterior a la discusión constitucional sobre la prostitución y el trabajo sexual en Colombia y muestra cómo ésta ocurre en un terreno dominado por un humanitarismo sexual compasivo que ha determinado la “sentimentalización” de los valores de dignidad, autonomía e igualdad. Un análisis pragmático de la jurisprudencia de la Corte Constitucional colombiana sobre prostitución, trabajo sexual y tráfico de personas permite concluir, al menos provisionalmente, que la señalada sentimentalización constitucional sustenta, de manera simultánea, el proyecto político de la regulación del trabajo sexual y el de la abolición de la prostitución. (shrink)

North American scholarship has charted resonances between 1990s legislative and feminist discourse concerning violence against women. Feminist critique of official discourse surrounding the Protection from Harassment Act 1997 suggests that 1990s resonances did not reach the UK: however, an examination of the Hansard debates suggests this under-estimates the influence of feminist discourse. Halley’s discussion of “bad faith” helps to explain both the tendency of feminists to under-estimate their influence and why this matters. A commitment to an understanding of themselves as (...) powerless may encourage feminists to underplay similarities between feminist and official discourse, leading feminists to find only what they expect. Such an understanding gives feminism the capacity to change social life without acknowledging, let alone agonising over, the full range of its distributive effects. This is most troubling in relation to “carceral” feminism, since under-assessment of feminist impact encourages amplification and intensification of the carceral message. (shrink)

Dominance feminism and afropessimist theory, despite their critical appearances three decades apart, are undergirded by similar rhetorical strategies, political commitments and argumentative moves. This is the case even as afropessimism’s citational trajectory rarely invokes dominance feminism, and often positions itself as a critique of feminism’s imagined conception of gender as white, one that is thought to be most emphatically announced in the work of scholars like MacKinnon who invest in a gender binary, and in women’s oppressed location in this binary. (...) In this article, I insist on reading dominance feminism and afropessimism together. In so doing, I aspire to challenge afropessimism’s prevailing conception of gender, revealing that while it is often critical of feminist conceptions of gender – particularly conceptualisations of gender that are thought to insist on the shared experiences and positions of women – it actually relies on similar argumentative moves, and even rhetorical seductions, as dominance feminism. (shrink)

This intervention queries whether subjecting feminist jurisprudence to a methodological transfiguration toward pragrammatology (Derrida, in Smith and Kerrigan 1984) holds liberating potential for f (be it ‘woman’, ‘female’ or ‘feminine’) as both a signifier and a subject to be read with lucidity and nuance in feminist justice claims. I examine feminist jurisprudence’s methodological challenges in the settler colonial context of Alaska with respect to the murders of Della Brown (in 2000) and Mindy Schloss (in 2007). I advance my case for (...) pragrammatology as a critical methodology for feminist jurisprudence by subjecting the case(s) of Brown and Schloss to a more lucid (re)reading in two related and intersecting moves. First, I trace and deconstruct the citations of Brown and Schloss’ legal narratives to expose violence in the systemisation of f as a power and legal relation (Ahmed in Soc Legal Stud 4:55–73, 1995). I then examine the paradoxical nature of f justice claims which necessitate a pragrammatological approach. I conclude by advancing counsel on how we might move within paradox. (shrink)

Recent years have seen an increased interest in black feminism. Whether thinking of the explosion of activism, the reprinting of classics such as Heart of the Race (Bryan, Dadzie and Scafe, 2018 [1985]) and Finding a Voice (Wilson, 1978) or the numerous journalistic or scholarly inquiries into black feminist formations in Britain in the 1970s–1990s, black feminism is a topic of interest once again. Sometimes it goes under other names: POC feminism, Womanism, Fugitive Feminism—each of which offers a specific inflection (...) of this thing I am calling black feminism. Given this context, my aim in this article is to consider how black feminism might be conceived—what kind of an object it is, but more importantly how it might be ‘used’ and utilised as a vibrant and well-honed tool in the armory with which we attempt to craft a politics of ethical freedom. I attempt to draw together work from the theoretical archive of black women’s writing with that of psychoanalyst Donald Winnicott and his theorisation of ‘object use’ and ‘play’, as foundation stones in the development of a capacity for ethical relating based on the detoxification of racism’s effects on ‘self’, ‘other’ and the intersubjective field that the space between these constitutes. In my mind, the piece is a ‘call’ hoping for a ‘response’, the chorus is ‘black feminism’. (shrink)

The SlutWalk campaigns around the world have triggered a furious debate on whether they advance or limit feminist legal politics. This article examines the location of campaigns such as the SlutWalk marches in the context of feminist legal advocacy in postcolonial India, and discusses whether their emergence signifies the demise of feminism or its incarnation in a different guise. The author argues that the SlutWalks, much like the Pink Chaddi (panty) campaign in India, provide an important normative and discursive challenge (...) to a specific strand of feminism based on male domination and female subordination in the area of sexuality and also speaks to the emergence of consumer agency in the very heart of pleasure in the neo-liberal moment. It serves as a space clearing gesture, a form of feminism ‘lite’, rather than offering a transformative or revolutionary politics, and thus enables the possibility of feminist theoretical positions in a postcolonial context that have hitherto been marginalised or ignored in feminist legal advocacy in India to emerge. (shrink)

Elizabeth Anker y Bernardette Meyler, profesoras de literatura y de derecho respectivamente, involucradas ambas en los últimos años con el movimiento “derecho y literatura”, editan en 2017 New Directions in Law and Literature.

The religious right often aligns its patriarchal opposition to same-sex marriage with the defence of religious freedom. In this article, I identify resources for confronting such prejudicial religiosity by surveying two predominant feminist approaches to same-sex marriage that are often assumed to be at odds: discourse ethics and queer critical theory. This comparative analysis opens up to view commitments that may not be fully recognizable from within either feminist framework: commitments to ideals of selfhood, to specific conceptions of justice, and (...) to particular definitions of secularism. I conclude by examining the "postsecular" turn in feminism, suggesting that we can see the same-sex marriage debate not in terms of an impasse between differing feminist approaches, but in terms of shared existential and ethical affinities. (shrink)

Employing insights from Italian sexual difference theory on law and rights, this article examines how both the text of the Italian Abortion Law of 1978 and its operation reveal the contradictions within liberal rights discourse on reproductive freedom. The Act itself contains traces of both Roman Catholic and liberal pluralist worldviews and has, since its introduction, been the site of conflict over competing notions of citizenship and legal identity. This article explores the impact of the Act's paradoxical nature on its (...) operation against the background of the complex debates within the different strands of feminist theory in Italy over the question of reproductive freedom. (shrink)

Feminist scholars have been highly attentive to the ways that crises have become an everyday technique of global governance. They are particularly sensitive to the mechanisms through which ‘crisis management’ entrenches the power of particular economic orders and constrains the possibilities, and space, for contestation and critique. This paper seeks to contribute to but also to extend existing feminist research on financial crisis by arguing that, over the course of what has commonly been labelled the ‘global financial crisis’, the emergence (...) of ‘crisis governance feminism’ has enabled existing structures and mechanisms of gendered privilege, such as the global financial industry, to suppress calls for their overhaul and to re-entrench their power in the global political economy. Adopting a discursive approach to gender and governance that situates gender centrally in understanding governance discourses and their reproduction of common sense (about what people do, how they labour, where they invest and so on), this paper argues that the governance of crisis in the contemporary era, in particular the various actors, institutions, policies and ideas that have sought to describe and ‘contain’ the global financial crisis, are gendered. Gender has become, in the contemporary global political economy, a technique of governance, and with deleterious effects. Despite inciting more discussion of ‘gender’ in economic systems than ever before (particularly in terms of discussions of ‘economic competitiveness’), this paper argues that the ‘global financial crisis’ has precipitated and continues to reproduce techniques of governance that trivialise feminist concerns while further embedding a masculinised, white and elitist culture of global financial privilege. (shrink)

The contributors to this issue focus on legal internationalism, including hybrid mixes with nationalist forms. They have provoked us as editors to think more about these sites and forms of engagement. Sankey shows how civic participation in the ECCC has played a key role in surfacing the gendered harms of separation and starvation. Turan highlights the problems with ICC exclusion of the experience of men and boys from sexual violence. Peroni expresses her hesitations over the Istanbul Convention given an association (...) between assumed vulnerability and migrant women, while admiring its uncoupling of violence and culture. Cruz’s interview with Wendy Brown contextualizes and expands on these themes as they consider, with other participants, the future of feminist theory in the context of neo-liberal capturing of rights and legal space. Thinking more about internationalism and commitment in this context also helps us hold a mirror up to ourselves as we reflect more critically on our own naming of FLS as an ‘international’ journal. Together these contributions, and the reviews of new work, play a role in fleshing out an editorial commitment to enacting the journal as a living thing that ‘hangs together somehow’ even as it is known differently in different places. (shrink)

Its critics call it ‘feminism-as-crime-control’, or ‘Governance Feminism’, diagnosing it as a pernicious form of identity politics. Its advocates call it taking sexual violence seriously – by which they mean wielding the power of the state to ‘punish perpetrators’ and ‘protect vulnerable women’. Both sides agree that this approach follows from the radical feminist analysis of sexual violence most strikingly formulated by Catharine MacKinnon. The aim of this paper is to rethink the Governance Feminism debate by questioning this common presupposition. (...) I ask whether taking MacKinnon’s analysis of sexual violence seriously might, in fact, itself give us reason to be critical of political strategies that embrace the punitive state. By raising this question, I hope to persuade radical feminists to listen to critics of carceral politics rather than dismissing them as rape apologists, and critics of carceral politics to listen to radical feminists rather than dismissing them as state apologists. (shrink)

I am grateful to Criminal Law & Philosophy for organizing this symposium on my book, Prosecuting Domestic Violence: A Philosophical Analysis (OUP 2009)—and am especially indebted to Professors Kinports and Cowan for their careful, generous, and challenging engagements with my arguments. I am relieved to find that Professors Kinports and Cowan are mostly positive in their evaluation of the book’s merits and delighted to find their critical reflections have offered me the opportunity to think more deeply about the project I (...) undertook in the book.I found much with which to agree in both commentaries. Indeed, I will have little to offer in response to Professor Kinports’ article until the end of my own comments here, except to note that I found her critique of prosecutors-as-community-representatives as illuminating as it was disheartening. Perhaps one way to increase the likelihood that prosecutors might someday act as genuine representatives of their communities (in whole or in part) wou .. (shrink)

On the 24th June 2015, Feminist Legal Studies and the London School of Economics Law Department hosted an afternoon event with Professor Wendy Brown, Class of 1936 First Professor of Political Science, University of California. Professor Brown kindly agreed to discuss her scholarship on feminist theory, and its relationship to both the law and neoliberalism. The event included an interview by Dr Katie Cruz and a Q&A session, which are presented here in an edited version of the transcript. Sumi Madhock, (...) Professor of Gender Studies, LSE chaired the interview and discussion and introduced Professor Brown’s work. Katie Cruz asked Wendy Brown to reflect upon topics that span her scholarship and activism, including the state of critical, feminist, and Left approaches to rights, neoliberalism, despair and utopianism, and the future of feminist theory and practice in the context of neoliberalism and current debates about intersectionality. Participants in the discussion asked questions on a wide range of issues, including the limits of feminist engagement with law as a tool for social change, the dominance of neoliberalism, imperialist feminism, Islamophobia, secularism, and our attachment to the figure of homo politicus. (shrink)

Feminist and queer theorists influenced by Michel Foucault have given analyses of sexual violence and of sexually violent pornography that are generally taken to be in striking opposition to those defended by radical feminists such as Catharine MacKinnon. In this commentary on Linda Martín Alcoff’s Rape and resistance: Understanding the complexities of sexual violation, I suggest that these seemingly divergent analyses of sexual violence are more similar than they have appeared to be and I ask: Might this book help to (...) bring an end to the so-called ‘sex wars’ between the Foucauldians and the MacKinnonites that have been raging since the mid-1980s? (shrink)

Nota crítica sobre los principales debates de los feminismos jurídicos a través de sus antecedentes y postulados epistemológicos.