The concept of non-discrimination has been central in the feminist challenge to gendered violence within international human rights law. This article critically explores non-discrimination and the challenge it seeks to pose to gendered violence through the work of Judith Butler. Drawing upon Butler’s critique of heteronormative sex/gender, the article utilises an understanding of gendered violence as effected by the restrictive scripts of sex/gender within heteronormativity to illustrate how the development of non-discrimination within international human rights law renders it ineffective to (...) challenge gendered violence due to its own commitments to binarised and asymmetrical sex/gender. However, the article also seeks to encourage a reworking of non-discrimination beyond the heteronormative sex binary through employing Butler’s concept of cultural translation. Analysis via the lens of cultural translation reveals the fluidity of non-discrimination as a universal concept and offers new possibilities for feminist engagement with universal human rights. (shrink)

In 1998, the Labour government introduced legislation broadening British sentencing powers in relation to crimes aggravated by the offender's hostility towards the victim's actual or perceived race, religion, sexual orientation or disability. Gender is a notable omission from this list. Through a survey of eighty-eight stakeholders working in the violence against women (VAW) sector, this paper explores both the potential benefits and possible disadvantages of adding a gender-based category concerned with VAW to British hate crime legislation. The majority of participants (...) believed that a hate crime approach would offer significant benefits, especially in terms of the symbolic power of the law to send a message to society that VAW is unacceptable. However, most also recognised that the addition of a VAW category to current legislation would involve major practical and conceptual difficulties, not least those resulting from problematic assumptions about the nature of hate crimes versus VAW, and a general unwillingness on the part of policy-makers to address the socio-cultural inequalities that underpin VAW. Overall, the fact that the majority of participants favoured inclusion, on the basis that the possible symbolic benefits were likely to outweigh the potential practical disadvantages, is significant: it speaks to the power of hate crime legislation to challenge many forms of inequality and discrimination still endemic in British society. (shrink)

This paper will examine the violence of heteronormativity: the violence that constitutes and regulates bodies according to normative notions of sex, gender, and sexuality. This violence, I will argue, requires more than a focus on gendered or sexualized physical harms of the kinds normally examined when studying violence against sexual minorities or women. Rather, it necessitates focusing on the multiple modalities through which heteronormativity performs its violence on, through, and against bodies and persons, including through the production of certain bodies (...) and persons as inciting violence in their very being. To establish my argument, I explore the killing in 2002 of trans woman Gwen Araujo and the violence of the legal strategy (the trans panic defense) used in the legal trials that followed her killing. Both forms of violence, I suggest, operate in a similar way, albeit through different mechanisms, to maintain and extend the system of binary morphology that itself entails the perpetual violent materialization of sexed bodies. (shrink)

Recent years have seen the advent of two feminist judgment-writing projects, the Women’s Court of Canada, and the Feminist Judgments Project in England. This article analyses these projects in light of Carol Smart’s feminist critique of law and legal reform and her proposed feminist strategies in Feminism and the Power of Law (1989). At the same time, it reflects on Smart’s arguments 20 years after their first publication and considers the extent to which feminist judgment-writing projects may reinforce or trouble (...) her conclusions. It argues that both of these results are discernible—that while some of Smart’s contentions have proved to be unsustainable, others remain salient and have both inspired and hold important cautions for feminist judgment-writing projects. (shrink)

The Women’s Court is an umbrella term, a common denominator, for a series of initiatives which differ from the mainstream judicial procedures and have been taking place since the early 1990s. These initiatives are not an alternative to the official judiciary systems but aim to supplement, and are therefore complementary to these official systems, especially with a view to transitional justice mechanisms. This text, while focusing on one of those initiatives – established following the violent break-up of Yugoslavia – will (...) contextualize the Women’s Court not only within the recent, short, albeit very significant, history of alternative justice systems, but – importantly for the argument of this text – will also situate this initiative within relevant theoretical concepts of justice. A description of the Women’s Court and its history is followed by locating it within the mainstream concept of justice as well as within feminist and the transitional justice concepts. Finally, returning to this initiative, some key issues are highlighted and assessed, despite the fact that this initiative is still an ongoing process and is therefore understandably difficult to evaluate. (shrink)

In this now established text the author presents her analysis of the power of law and argues for a feminist post-structuralist approach. She comments on pornography, as well as discussing recent research on rape trials and abortion legislation.

In this title, new and established scholars demonstrate the application of feminism in a range of academic disciplines including history, philosophy, politics, and sociology.

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.

The first to use Judith Butlers work as a reading of how the legal subject is formed, this book traces how Butler comes to the themes of ethics, law and ...

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)