Pub Date : 2018-07-03DOI: 10.1080/13200968.2018.1521257
R. Kapur, B. Cossman
Abstract In this article, we revisit our co-authored book, Subversive Sites. We explore both what we might have done differently with explicit attention to postcolonial theory, queer theory and neoliberal critiques and what part of the analysis still has traction. We then consider three legal interventions related to violence against women: sexual harassment, domestic violence and rape. We ask two questions: (1) What would the theoretical analysis from Subversive Sites reveal in relation to each of these legal engagements? (2) How would attention to the postcolonial, the carceral and the sexual reveal what we might not have seen from with the Subversive Sites lens?
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Kathryn M. Stanchi, Bridget J. Crawford, Linda L. Berger
This article examines and evaluates Feminist Judgments of Aotearoa New Zealand, Te Rino: A Two Stranded Rope, the latest published book in the growing collection of global feminist judgments projects. Feminist judgments projects are exploding across the globe, with completed projects in Canada, England, Australia, the United States and Ireland, an international law feminist judgments project well under way, and projects in Scotland, India, Mexico and Africa in process. In the US, a series of subject-matter specific feminist judgment books is in progress, the first volume of which has already been published. The participants in these projects have asked what difference a judge with a feminist perspective could have made in the reasoning or result in a case, and then attempted to show, through the writing of ‘shadow opinions,’ what that judgment might look like. Through the lens of Feminist Judgments: Te Rino, this article, written by the editors of the US feminist judgments book, explores and compares how the various international feminist judgments projects have taken on the enduring jurisprudential question of how much a judge’s individual perspective matters in decision making.
{"title":"The Necessity of Multi-Stranded Feminist Judicial Opinions","authors":"Kathryn M. Stanchi, Bridget J. Crawford, Linda L. Berger","doi":"10.2139/ssrn.3239941","DOIUrl":"https://doi.org/10.2139/ssrn.3239941","url":null,"abstract":"This article examines and evaluates Feminist Judgments of Aotearoa New Zealand, Te Rino: A Two Stranded Rope, the latest published book in the growing collection of global feminist judgments projects. Feminist judgments projects are exploding across the globe, with completed projects in Canada, England, Australia, the United States and Ireland, an international law feminist judgments project well under way, and projects in Scotland, India, Mexico and Africa in process. In the US, a series of subject-matter specific feminist judgment books is in progress, the first volume of which has already been published. The participants in these projects have asked what difference a judge with a feminist perspective could have made in the reasoning or result in a case, and then attempted to show, through the writing of ‘shadow opinions,’ what that judgment might look like. Through the lens of Feminist Judgments: Te Rino, this article, written by the editors of the US feminist judgments book, explores and compares how the various international feminist judgments projects have taken on the enduring jurisprudential question of how much a judge’s individual perspective matters in decision making.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"44 1","pages":"245 - 264"},"PeriodicalIF":0.5,"publicationDate":"2018-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47626271","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-03DOI: 10.1080/13200968.2018.1548065
C. Black
{"title":"A Tale from the Arctic Seas","authors":"C. Black","doi":"10.1080/13200968.2018.1548065","DOIUrl":"https://doi.org/10.1080/13200968.2018.1548065","url":null,"abstract":"","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"44 1","pages":"155 - 174"},"PeriodicalIF":0.5,"publicationDate":"2018-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13200968.2018.1548065","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41963412","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-03DOI: 10.1080/13200968.2018.1558914
D. Dutta
In 2012, Durbar Mahila Samanwaya Committee (DMSC), India’s largest sex workers’ collective, organised a major Hindu religious festival of Bengal called the Durga Puja. It was a part of their rights activism for the de-criminalisation of sex work. In this article, I provide an account of this event as an act of re-ordering public life by sex workers and contend that the worldview which informs DMSC’s practice of the festival has points of convergence with Gayatri Chakravorty Spivak’s articulation of the idea of affirmative sabotage. I argue that we are able to see this convergence between DMSC’s celebration of the festival and post-colonial feminist thought by attending to the particular location and the relations that DMSC’s practice of the Durga Puja inhabits. I situate this account of sex workers’ rights activism alongside a rival narrative of the festival put forth by Dalit and adivasi groups. I include this rival account to perform the limitation of my own reading of the political potential of DMSC’s practice of the festival. This rival assertion demands a recognition of the situatedness and limitedness of feminist practices.
{"title":"Of Festivals, Rights and Public Life: Sex Workers’ Activism in India as Affirmative Sabotage","authors":"D. Dutta","doi":"10.1080/13200968.2018.1558914","DOIUrl":"https://doi.org/10.1080/13200968.2018.1558914","url":null,"abstract":"In 2012, Durbar Mahila Samanwaya Committee (DMSC), India’s largest sex workers’ collective, organised a major Hindu religious festival of Bengal called the Durga Puja. It was a part of their rights activism for the de-criminalisation of sex work. In this article, I provide an account of this event as an act of re-ordering public life by sex workers and contend that the worldview which informs DMSC’s practice of the festival has points of convergence with Gayatri Chakravorty Spivak’s articulation of the idea of affirmative sabotage. I argue that we are able to see this convergence between DMSC’s celebration of the festival and post-colonial feminist thought by attending to the particular location and the relations that DMSC’s practice of the Durga Puja inhabits. I situate this account of sex workers’ rights activism alongside a rival narrative of the festival put forth by Dalit and adivasi groups. I include this rival account to perform the limitation of my own reading of the political potential of DMSC’s practice of the festival. This rival assertion demands a recognition of the situatedness and limitedness of feminist practices.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"44 1","pages":"221 - 243"},"PeriodicalIF":0.5,"publicationDate":"2018-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13200968.2018.1558914","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49398602","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-03DOI: 10.1080/13200968.2019.1572442
R. Hughes, Maria Elander, Christoph Sperfeldt, H. Jarvis, William Smith, L. Nguyen, Wendy Lobwein
This article is an edited transcript of a panel discussion that was held in Melbourne in December 2017. The panel comprised four speakers, each with significant professional experience working at Cambodia’s hybrid tribunal, the Extraordinary Chambers in the Courts of Cambodia (ECCC). This panel was the first time such key insiders have come together outside of Cambodia and in an academic context to reflect on more than 10 years of the Court’s operation and their personal experiences there. There is much to be gained by enquiring into the lived experiences of those working at internationalised tribunals. In this article, unique insights are shared in relation to ECCC prosecution and the Court’s legacy of historical and procedural record, the Court’s establishment and outreach, the legal representation of ECCC participating victims (civil parties), and supporting witnesses across different cultural and legal contexts.
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Pub Date : 2018-03-16DOI: 10.1080/13200968.2018.1547102
M. Williams
This essay reflects on the contention that the global phenomenon of neoliberalism explains the contemporary retreat from Indigenous rights recognition in Australia in the context of two legislative provisions concerning the use of Aboriginal law in sentencing that was introduced in the mid-2000s by two different governments. Each sentencing provision purported to address claims of judicial tolerance of violence against Aboriginal women and children, specifically judicial misperceptions of Aboriginal law regarding this. But the provisions reflect polarised policies regarding recognition of Aboriginal law: one was introduced by a territory government that explicitly pursued a policy of respectful engagement with indigenous knowledges and the advancement of Indigenous self-determination; the other was introduced by a federal government as part of a larger imposition in that territory of a policy of overt intervention and control into the lives of Aboriginal peoples. The federal provision effectively rendered the territory provision nugatory. What the essay finds is that while neoliberalism facilitated the retraction of Indigenous rights, it does not fully explain that retraction. The retraction is better understood as part of a longer trend of colonialism that has never been disrupted, and that has enlisted to its ends various contemporary discourses. In this case, one can identify feminist logics and advocacy (hoping to support the interests of Indigenous women) are enlisted to serve colonialism's purposes; more nuanced and anti-essentialist feminist positionings may also be twisted to this end. A further finding of this essay is that even the legislative provision that attempted to respect Aboriginal rights and recognise Aboriginal law could not achieve what its drafters intended, because the framework into which it was inserted had not been decolonised. The story of these two provisions offers some support to the contention that Australia has never desisted in colonialism, and that colonialism will draw upon (and twist where necessary) other discourses to facilitate its ends of continually dispossessing and delegitimising first nation peoples here.
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Pub Date : 2018-01-02DOI: 10.1080/13200968.2018.1465332
Clare Brown
Abstract The past five years have seen a rapid increase in international attention on and donor funding for the use of Information and Communication Technologies (ICTs) – including Internet platforms, social media, and mobile phone apps – in responding to conflict. With the notable exception of the role of women on social media during the Arab Spring, very little has been written about the use of and focus on these technologies from a feminist perspective. This article will argue that both the objectives of and strategies employed by conflict-related ICTs must be subjected to feminist analysis so as to mitigate the risk that the rush to support, develop, and implement projects in this field are not ultimately damaging to women. It will discuss three of the main purposes of the use of ICTs in conflict: to shape and send messages; to track, store, and distribute information; and to collect evidence. It will also consider three of their primary objectives: to prevent conflict; to assist civilians and decision makers in responding to conflict; and to increase justice and accountability. It will argue that gendered assumptions underlie both the execution of these methods and the way in which these objectives have been understood. Finally, it will make some general recommendations as to how some of these challenges may be better responded to by academics, actors, and donors in the humanitarian field.
{"title":"The Use of ICTs in Conflict and Peacebuilding: A Feminist Analysis","authors":"Clare Brown","doi":"10.1080/13200968.2018.1465332","DOIUrl":"https://doi.org/10.1080/13200968.2018.1465332","url":null,"abstract":"Abstract The past five years have seen a rapid increase in international attention on and donor funding for the use of Information and Communication Technologies (ICTs) – including Internet platforms, social media, and mobile phone apps – in responding to conflict. With the notable exception of the role of women on social media during the Arab Spring, very little has been written about the use of and focus on these technologies from a feminist perspective. This article will argue that both the objectives of and strategies employed by conflict-related ICTs must be subjected to feminist analysis so as to mitigate the risk that the rush to support, develop, and implement projects in this field are not ultimately damaging to women. It will discuss three of the main purposes of the use of ICTs in conflict: to shape and send messages; to track, store, and distribute information; and to collect evidence. It will also consider three of their primary objectives: to prevent conflict; to assist civilians and decision makers in responding to conflict; and to increase justice and accountability. It will argue that gendered assumptions underlie both the execution of these methods and the way in which these objectives have been understood. Finally, it will make some general recommendations as to how some of these challenges may be better responded to by academics, actors, and donors in the humanitarian field.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"44 1","pages":"137 - 153"},"PeriodicalIF":0.5,"publicationDate":"2018-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13200968.2018.1465332","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41627638","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-01-02DOI: 10.1080/13200968.2018.1465334
Helene Kazan
Abstract This research observes the architecture of the lived built environment in Lebanon as a material sensor of risk, produced through an evolving integrated limit condition of conflict and capitalism. Forcing its impact through slow, structural, and spectacular modes of enacting violence, this article traces an historic inscription of these technologies of governance, read through an intersectional observation of international law, architecture, and the human bodily experience of affect. Framing the often chaotic or hysteric nature of voicing evidence as poetic testimony, this article questions dominant methods of producing evidence that often exclude or render the human body invisible.
{"title":"The Architecture of Slow, Structural, and Spectacular Violence and the Poetic Testimony of War","authors":"Helene Kazan","doi":"10.1080/13200968.2018.1465334","DOIUrl":"https://doi.org/10.1080/13200968.2018.1465334","url":null,"abstract":"Abstract This research observes the architecture of the lived built environment in Lebanon as a material sensor of risk, produced through an evolving integrated limit condition of conflict and capitalism. Forcing its impact through slow, structural, and spectacular modes of enacting violence, this article traces an historic inscription of these technologies of governance, read through an intersectional observation of international law, architecture, and the human bodily experience of affect. Framing the often chaotic or hysteric nature of voicing evidence as poetic testimony, this article questions dominant methods of producing evidence that often exclude or render the human body invisible.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"44 1","pages":"119 - 136"},"PeriodicalIF":0.5,"publicationDate":"2018-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13200968.2018.1465334","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46128593","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-01-02DOI: 10.1080/13200968.2018.1465333
E. Jones
Abstract In this article, I critique the current debates surrounding autonomous weapons systems, using feminist posthuman theory to make sense of such systems – and the relation between human and machine – in terms of automation and autonomy. The dominant narratives about autonomous weapons tend to present them as exceptional; they are distinct from all the other kinds of human inventions that can kill. Further attention is required, not on autonomous weapons themselves but on the delegation of killing to a far broader range of technologies across the human–machine/autonomous–automated spectrum. While current attempts at legal regulation distinguish between civil and military technologies, such a distinction becomes impossible in light of the links between civil and military technologies and the killing potential of many technologies, including artificial intelligence.
{"title":"A Posthuman-Xenofeminist Analysis of the Discourse on Autonomous Weapons Systems and Other Killing Machines","authors":"E. Jones","doi":"10.1080/13200968.2018.1465333","DOIUrl":"https://doi.org/10.1080/13200968.2018.1465333","url":null,"abstract":"Abstract In this article, I critique the current debates surrounding autonomous weapons systems, using feminist posthuman theory to make sense of such systems – and the relation between human and machine – in terms of automation and autonomy. The dominant narratives about autonomous weapons tend to present them as exceptional; they are distinct from all the other kinds of human inventions that can kill. Further attention is required, not on autonomous weapons themselves but on the delegation of killing to a far broader range of technologies across the human–machine/autonomous–automated spectrum. While current attempts at legal regulation distinguish between civil and military technologies, such a distinction becomes impossible in light of the links between civil and military technologies and the killing potential of many technologies, including artificial intelligence.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"44 1","pages":"93 - 118"},"PeriodicalIF":0.5,"publicationDate":"2018-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13200968.2018.1465333","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48489711","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-01-02DOI: 10.1080/13200968.2018.1465331
M. Arvidsson
Abstract Focusing on targeting law and practice in contemporary high-tech warfare, this article brings international humanitarian legal scholarship into conversation with posthumanist feminist theory for the purpose of rethinking international humanitarian law (IHL) in terms of the posthuman condition. I suggest that posthumanist feminist theory – in particular Rosi Braidotti’s scholarship – is helpful to the IHL scholar for understanding and describing high-tech warfare that recognises the ‘targetable body’ as both material and digital. Posthumanist feminist theory, moreover, avails us of a much-needed critical position from which to reframe the question of what the ‘humanitarian’ aim in IHL is: who, and what, can the ‘human’ of this humanitarianism be? This article sets out the framework for a posthumanitarian international law as an ethical-normative order worthy, as Braidotti puts it, of the complexity of our times.
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