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"Asking for the Moon": A "Musing" on Cornell's 'Beyond Accommodation: Ethical Feminism, Deconstruction and the Law'
Full text linkWhat's Feminist About Open Access? A Relational Approach to Copyright in the Academy
Full text linkIn a context of great technological and social change, existing intellectual property regimes such as copyright must contend with parallel forms of ownership and distribution. Proponents of open access, for example, question and undermine the paradigm of exclusivity central to traditional copyright law, thereby fundamentally challenging its ownership structures and the publishing practices these support. In this essay, we attempt to show what it is about the open access endeavour that resonates with a feminist theory of law and society—in other words, we consider what is “feminist” about open access. First, we provide an overview of a relational feminist critique of traditional copyright law and the assumptions of possessive individualism that pervade it. We then offer a brief description of the open access movement and the way in which it reflects or responds to this criticism. In doing so, we discover vital synergies between this branch of feminist legal theory and the open access movement. Ultimately, we hope to underscore the importance of an open access policy for legal journals such as this one, whose mission is to support, advance and disseminate a feminist perspective that challenges the prevailing hegemony within traditional legal scholarship. We conclude by offering ways in which this journal can help draw out the synergies between feminist criticism and the open access movement
The Role of the Law in the Rule of Law of the New Oligarchies: A Latin American Feminist Perspective
Full text linkTime for Reflection? Considering the "Past", "Present" and "Future" of Feminist Legal Scholarship: A Roundtable Discussion
No full textIn his "Theses On the Philosophy of History" (1940), Walter Benjamin called for a blasting open of the continuum of history. His call was one that would bring into question teleological narratives of progress, and urge a radical rethinking of the concept of the “present”. Similarly, Judith Jack Halberstam considers the ability of new temporal logics to “open up new life narratives and alternative relations to time and space” (2005). Though differently conceptualised, these insights from Benjamin and Halberstam make poignant interventions on the pitfalls of unreflective time, and the political possibilities of imagining a new temporality. What do such insights mean for feminist legal studies? Has an orientation towards a "future" feminist ideal been productive in feminist legal scholarship and activism? How does your own work engage with temporality? Does a reconceptualization of time offer any insight for your work, or for feminist legal projects more generally? Discussion of these questions intends to interrogate what is often taken for granted as "progress" within the field, and to consider the benefits and drawbacks of thinking feminist research and activism inside or outside (or indeed of deploying this dualism in the first place) the domain of chronological time.This Roundtable Discussion was recorded at the PECANS (Postgraduate and Early Career Academics Network) conference, 'Transgressing Power(s)', held at the University of Westminster, UK, on 30 April 2010. It was organised by Stacy Douglas and chaired by Sarah Keenan
Priorities of Feminist Legal Research: A sketch, a draft agenda, a hint of an outline...
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Equality Claims and Population Control
No full textCritical Race Theory generally and intersectionality theory in particular have provided scholars and activists with clear accounts of how the legal approaches to oppression that have been taken up through the anti-discrimination principle have failed to sufficiently change conditions for those facing the most violent manifestations of settler colonialism, heteropatriarchy, white supremacy, ableism, and xenophobia. These interventions have exposed how the discrimination principle's reliance on individual harm, intentionality, and universalized categories of identity has made it ineffective at eradicating these forms of harm and violence and has obscured the actual operations of systems of meaning and control that produce maldistribution and targeted violence. This paper follows this line of thinking an additional step to focus on the racialized-gendered distribution schemes that operate at the population level through programs that declare themselves race and gender neutral but are founded in the production and maintenance of race and gender categories as vectors for distributing life chances. In the context of intensifying criminal and immigration enforcement and wealth disparity, it is essential to turn our attention to what Foucault called "state racism"--the operation of population-level programs that target some for increased security and life chances while marking others for insecurity and premature death. This paper looks at how social movements resisting intersectional state violence are formulating demands (like prison abolition and an end to immigration enforcement) that exceed the narrow confines of the discrimination principle and take administrative systems as adversaries in ways that pull the nation-state form itself into crisis
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