Pub Date : 2022-01-02DOI: 10.1080/13200968.2022.2146303
Michelle Harradine
ABSTRACT The #MeToo movement has encouraged victim-survivors of sexual misconduct to make use of social media and mass media journalism to report incidents in ways that are contrary to established legal norms. In part, this is an acknowledgement that traditional legal processes achieve little in responding to gendered harm. However, media companies and victim-survivors have increasingly been sued by alleged perpetrators for defamation. Because Australian defamation law presumes the falsity of alleged defamatory statements, victim-survivors are often required to give evidence in defamation proceedings in an effort to displace the presumption and prove that the allegations were ‘substantially true’ as a defence. This article identifies the issues facing victim-survivors who become involved in defamation disputes arising from allegations of sexual misconduct or gendered harm. It emphasises that in this context, victim-survivors encounter the same testimonial injustice typically experienced in the criminal jurisdiction, which harms them specifically in their capacity as knowers or givers of knowledge.
{"title":"Defamation Law and Epistemic Harm in the #MeToo Era","authors":"Michelle Harradine","doi":"10.1080/13200968.2022.2146303","DOIUrl":"https://doi.org/10.1080/13200968.2022.2146303","url":null,"abstract":"ABSTRACT The #MeToo movement has encouraged victim-survivors of sexual misconduct to make use of social media and mass media journalism to report incidents in ways that are contrary to established legal norms. In part, this is an acknowledgement that traditional legal processes achieve little in responding to gendered harm. However, media companies and victim-survivors have increasingly been sued by alleged perpetrators for defamation. Because Australian defamation law presumes the falsity of alleged defamatory statements, victim-survivors are often required to give evidence in defamation proceedings in an effort to displace the presumption and prove that the allegations were ‘substantially true’ as a defence. This article identifies the issues facing victim-survivors who become involved in defamation disputes arising from allegations of sexual misconduct or gendered harm. It emphasises that in this context, victim-survivors encounter the same testimonial injustice typically experienced in the criminal jurisdiction, which harms them specifically in their capacity as knowers or givers of knowledge.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"48 1","pages":"31 - 55"},"PeriodicalIF":0.5,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46687431","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 : 2022-01-02DOI: 10.1080/13200968.2022.2138183
Pan Karanikolas, Tessa-May Zirnsak
ABSTRACT Violence against people with intellectual disability is commonly understood to occur as a result of an individual’s heightened ‘vulnerability’, based on their disability status. Critical disability studies scholars have problematised ‘vulnerability’, critiquing this term as being socially produced and based in a negative ontology of disability. In this article, we critically reflect on the ways in which people with intellectual disability labels are subjected to structural violence via criminalisation and indefinite detention in prison through the operation of interlocking and multi-layered systems, such as police systems, prison systems, guardianship systems, and the operation of forensic mental health systems. We argue that vulnerability framings used by these systems serve to obscure the structural violence that they ultimately perpetuate. To conduct this analysis, we engage with a testimony: Sue’s story. Sue is an intellectually disabled woman, whose entry into the criminal legal system in Victoria begins with police contact and summary offence charges and ends in indefinite detention after an assessment of unfitness is made under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) (CMIA). Through an examination of Sue’s case and treatment under the CMIA, we argue that one of the key limitations of vulnerability theories is that notions of ‘vulnerability’ imply a need for protection that can both obscure and animate the use of carceral responses which reproduce harm and embed the ongoing debilitation of criminalised disabled people in society.
{"title":"Vulnerable to the State? The Indefinite Imprisonment of People with Intellectual Disability Under Forensic Mental Health Law as Structural Violence","authors":"Pan Karanikolas, Tessa-May Zirnsak","doi":"10.1080/13200968.2022.2138183","DOIUrl":"https://doi.org/10.1080/13200968.2022.2138183","url":null,"abstract":"ABSTRACT Violence against people with intellectual disability is commonly understood to occur as a result of an individual’s heightened ‘vulnerability’, based on their disability status. Critical disability studies scholars have problematised ‘vulnerability’, critiquing this term as being socially produced and based in a negative ontology of disability. In this article, we critically reflect on the ways in which people with intellectual disability labels are subjected to structural violence via criminalisation and indefinite detention in prison through the operation of interlocking and multi-layered systems, such as police systems, prison systems, guardianship systems, and the operation of forensic mental health systems. We argue that vulnerability framings used by these systems serve to obscure the structural violence that they ultimately perpetuate. To conduct this analysis, we engage with a testimony: Sue’s story. Sue is an intellectually disabled woman, whose entry into the criminal legal system in Victoria begins with police contact and summary offence charges and ends in indefinite detention after an assessment of unfitness is made under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) (CMIA). Through an examination of Sue’s case and treatment under the CMIA, we argue that one of the key limitations of vulnerability theories is that notions of ‘vulnerability’ imply a need for protection that can both obscure and animate the use of carceral responses which reproduce harm and embed the ongoing debilitation of criminalised disabled people in society.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"48 1","pages":"11 - 30"},"PeriodicalIF":0.5,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46561460","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 : 2022-01-02DOI: 10.1080/13200968.2022.2138184
O. Mazel
ABSTRACT Violence has underpinned many of the laws relating to LGBTQIA+ people in Australia since colonisation, demarcating them as deviant and criminal and denying them access to the same rights as others. Since the 1970s, legal reforms have, as Robert Cover might describe it, demonstrated the redemptive quality of law in its response to LGBTQIA+ peoples’ commitment and activism over time. More recently, the legal definition of marriage was amended to include two people regardless of their sexual orientation, gender identity, or sex characteristics. Whilst this legal achievement was widely celebrated, the postal survey on same-sex marriage that was conducted as a pre-requisite for legislative change, brought to the fore the continuing violence that LGBTQIA+ people suffer as a result of law even in moments of redemption. In this empirical paper, I draw on Robert Cover’s jurisprudential practices and bring these into relationship with the lived experiences of LGBTQIA+ people to both expose the nature of the violence experienced by LGBTQIA+ people during the postal survey and in the name of legal equality, and to frame LGBTQIA+ peoples’ legal activism as queer jurisprudence — to show how LGBTQIA+ people do create law and legal meaning through community action.
{"title":"Violence in the Name of Equality: The Postal Survey on Same-Sex Marriage, LGBTQIA+ Activism and Legal Redemption","authors":"O. Mazel","doi":"10.1080/13200968.2022.2138184","DOIUrl":"https://doi.org/10.1080/13200968.2022.2138184","url":null,"abstract":"ABSTRACT Violence has underpinned many of the laws relating to LGBTQIA+ people in Australia since colonisation, demarcating them as deviant and criminal and denying them access to the same rights as others. Since the 1970s, legal reforms have, as Robert Cover might describe it, demonstrated the redemptive quality of law in its response to LGBTQIA+ peoples’ commitment and activism over time. More recently, the legal definition of marriage was amended to include two people regardless of their sexual orientation, gender identity, or sex characteristics. Whilst this legal achievement was widely celebrated, the postal survey on same-sex marriage that was conducted as a pre-requisite for legislative change, brought to the fore the continuing violence that LGBTQIA+ people suffer as a result of law even in moments of redemption. In this empirical paper, I draw on Robert Cover’s jurisprudential practices and bring these into relationship with the lived experiences of LGBTQIA+ people to both expose the nature of the violence experienced by LGBTQIA+ people during the postal survey and in the name of legal equality, and to frame LGBTQIA+ peoples’ legal activism as queer jurisprudence — to show how LGBTQIA+ people do create law and legal meaning through community action.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"48 1","pages":"137 - 163"},"PeriodicalIF":0.5,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47292450","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 : 2021-07-03DOI: 10.1080/13200968.2021.2088932
Sara Kolah Ghoutschi, Alina de Luna Aldape, Thorsten Bonacker
Abstract In this article, we explore how comprehensive sexuality education (‘CSE’) is being translated across different sites in Ethiopia and Kenya. The comprehensive approach to sexuality education is seen as both a tool for implementing numerous internationally established rights around sexuality and reproduction and it is also increasingly recognised as a human right on its own alongside the right to health and education. However, it is strongly contested by various actors and on multiple sites in terms of its claim of being culturally relevant and sensitive and it is also instrumentalised as a norm-spoiling tool used to contest related norms around sexual and reproductive health and rights (‘SRHR’). With this empirical study, we contribute to research on the translation of contested norms and ideas in different contexts. We problematise the difficulties of the universal language underlying human rights approaches and the ambiguity of comprehensive sexuality education when considering the extent to which CSE can develop emancipatory potential through translation. Focusing on the practices of translation among and within these different transnational sites, we examine where and how contested norms such as CSE are translated, arguing that a focus on researching sites of translations allows us to grasp the varieties of translation.
{"title":"Translating Sexuality Education in Ethiopia and Kenya: A Multi-Sited Approach","authors":"Sara Kolah Ghoutschi, Alina de Luna Aldape, Thorsten Bonacker","doi":"10.1080/13200968.2021.2088932","DOIUrl":"https://doi.org/10.1080/13200968.2021.2088932","url":null,"abstract":"Abstract\u0000 In this article, we explore how comprehensive sexuality education (‘CSE’) is being translated across different sites in Ethiopia and Kenya. The comprehensive approach to sexuality education is seen as both a tool for implementing numerous internationally established rights around sexuality and reproduction and it is also increasingly recognised as a human right on its own alongside the right to health and education. However, it is strongly contested by various actors and on multiple sites in terms of its claim of being culturally relevant and sensitive and it is also instrumentalised as a norm-spoiling tool used to contest related norms around sexual and reproductive health and rights (‘SRHR’). With this empirical study, we contribute to research on the translation of contested norms and ideas in different contexts. We problematise the difficulties of the universal language underlying human rights approaches and the ambiguity of comprehensive sexuality education when considering the extent to which CSE can develop emancipatory potential through translation. Focusing on the practices of translation among and within these different transnational sites, we examine where and how contested norms such as CSE are translated, arguing that a focus on researching sites of translations allows us to grasp the varieties of translation.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"47 1","pages":"251 - 282"},"PeriodicalIF":0.5,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43914114","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 : 2021-07-03DOI: 10.1080/13200968.2022.2105005
R. Grey
The day-to-day practice of international criminal law typically requires that concepts from diverse countries and cultures be communicated in certain languages, often including French and English, the working languages of the International Criminal Court (ICC) and most United Nations (UN) courts. This article explores one challenge associated with this multilingual legal process, namely, the challenge of describing gender identities, including non-binary identities, that have no precise equivalent in English and French. It does so through a case study of Sou Sotheavy, a gender non-conforming person who gave evidence at the UN-backed war crimes tribunal in Cambodia, and by considering past cases in which international criminal courts have made foreign terms intelligible to French and English speakers without being limited by the lexicon of those languages. I conclude that diverse gender identities can and should be expressed in terms from the culture from which they originate, in order to broaden and enrich existing conceptions of gender in international criminal law.
{"title":"Translating Gender Diversity In International Criminal Law: An Impossible But Necessary Goal","authors":"R. Grey","doi":"10.1080/13200968.2022.2105005","DOIUrl":"https://doi.org/10.1080/13200968.2022.2105005","url":null,"abstract":"The day-to-day practice of international criminal law typically requires that concepts from diverse countries and cultures be communicated in certain languages, often including French and English, the working languages of the International Criminal Court (ICC) and most United Nations (UN) courts. This article explores one challenge associated with this multilingual legal process, namely, the challenge of describing gender identities, including non-binary identities, that have no precise equivalent in English and French. It does so through a case study of Sou Sotheavy, a gender non-conforming person who gave evidence at the UN-backed war crimes tribunal in Cambodia, and by considering past cases in which international criminal courts have made foreign terms intelligible to French and English speakers without being limited by the lexicon of those languages. I conclude that diverse gender identities can and should be expressed in terms from the culture from which they originate, in order to broaden and enrich existing conceptions of gender in international criminal law.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"47 1","pages":"163 - 186"},"PeriodicalIF":0.5,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47164444","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 : 2021-07-03DOI: 10.1080/13200968.2022.2088189
Leila Brännström, Markus Gunneflo
ABSTRACT This article outlines the historical distinctiveness of the feminist foreign policy (FFP) Sweden has pursued since 2014. To highlight the particularity of the current FFP, we make use of two methodological moves: de-framing and counterpoint. De-framing helps us highlight the importance for the current FFP of a moment in the beginning of the 1990s, when a feminism naturalising capitalist arrangements came to ascendency both transnationally and in Sweden. Counterpoint entails juxtaposing the present FFP with a decidedly different Swedish FFP project from the late 1960s and 1970s – the project of the prominent Social Democrat Birgitta Dahl to gain official Swedish support for socialist and progressive governments and national liberation movements with an eye to how such support would also serve the cause of women’s liberation. The comparative historical perspective the article brings, allows us to understand why Swedish feminist foreign policy has never been as explicitly and strongly articulated as it is today while its transformative vision of justice and equality on a global scale has become strikingly weak and narrow.
{"title":"Swedish Foreign Policy Feminisms: Women, Social Democracy and Capitalism","authors":"Leila Brännström, Markus Gunneflo","doi":"10.1080/13200968.2022.2088189","DOIUrl":"https://doi.org/10.1080/13200968.2022.2088189","url":null,"abstract":"ABSTRACT This article outlines the historical distinctiveness of the feminist foreign policy (FFP) Sweden has pursued since 2014. To highlight the particularity of the current FFP, we make use of two methodological moves: de-framing and counterpoint. De-framing helps us highlight the importance for the current FFP of a moment in the beginning of the 1990s, when a feminism naturalising capitalist arrangements came to ascendency both transnationally and in Sweden. Counterpoint entails juxtaposing the present FFP with a decidedly different Swedish FFP project from the late 1960s and 1970s – the project of the prominent Social Democrat Birgitta Dahl to gain official Swedish support for socialist and progressive governments and national liberation movements with an eye to how such support would also serve the cause of women’s liberation. The comparative historical perspective the article brings, allows us to understand why Swedish feminist foreign policy has never been as explicitly and strongly articulated as it is today while its transformative vision of justice and equality on a global scale has become strikingly weak and narrow.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"47 1","pages":"207 - 227"},"PeriodicalIF":0.5,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47434448","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 : 2021-07-03DOI: 10.1080/13200968.2022.2101234
Luisa Teresa Hedler Ferreira, Maj Grasten
Abstract This article addresses how normative views about ‘childhood’ are translated into statutory rape legislation and court judgments at the highest legal level in Brazil, in the Federal Supreme Court. The article draws on literature on the sociology of childhood to trace how courts translate societal narratives in the construction of agency, vulnerability and victimhood with regard to children and sexuality. Analysing historical and contemporary statutory rape legislation and Federal Supreme Court decisions over a 20-year period, we argue that the legal subjecthood of child victims of sexual crimes is constructed at the intersection of prevailing norms in society about childhood and moralising discourses about women’s sexuality. Deviating from norms about childhood results in the prominence of women’s sexuality and sexual desire in legal and judicial argumentation, situating children in a legal-semantic space in which they are simultaneously denied the agency that characterises adulthood and the special protection that compensates for this lack of agency in childhood protection laws. We refer to this legal situation and friction as the ‘Lolita paradox’ of statutory rape jurisprudence.
{"title":"Law’s Lolita Paradox: Translating ‘Childhood’ In Statutory Rape Jurisprudence","authors":"Luisa Teresa Hedler Ferreira, Maj Grasten","doi":"10.1080/13200968.2022.2101234","DOIUrl":"https://doi.org/10.1080/13200968.2022.2101234","url":null,"abstract":"Abstract This article addresses how normative views about ‘childhood’ are translated into statutory rape legislation and court judgments at the highest legal level in Brazil, in the Federal Supreme Court. The article draws on literature on the sociology of childhood to trace how courts translate societal narratives in the construction of agency, vulnerability and victimhood with regard to children and sexuality. Analysing historical and contemporary statutory rape legislation and Federal Supreme Court decisions over a 20-year period, we argue that the legal subjecthood of child victims of sexual crimes is constructed at the intersection of prevailing norms in society about childhood and moralising discourses about women’s sexuality. Deviating from norms about childhood results in the prominence of women’s sexuality and sexual desire in legal and judicial argumentation, situating children in a legal-semantic space in which they are simultaneously denied the agency that characterises adulthood and the special protection that compensates for this lack of agency in childhood protection laws. We refer to this legal situation and friction as the ‘Lolita paradox’ of statutory rape jurisprudence.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"47 1","pages":"229 - 249"},"PeriodicalIF":0.5,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45363081","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 : 2021-07-03DOI: 10.1080/13200968.2021.2083781
M. Arvidsson
ABSTRACT This text considers Hélène Cixous’ écriture feminine (‘writing feminine’) as one way to do feminist legal translation. It discusses the importance of ‘writing one self’ as legal scholars in our own time as a reflection both on what law as well as what the self is or can be. To write one self through écriture feminine is a feminist act in contestation to the ‘phallocentric’ search for the law’s (phallo-)‘originary first term or logos’. Drawing on Yoriko Otomo’s feminist legal scholarship, I show that écriture feminine writes the world differently through the writing of the self; something which is urgently needed in a time of, as Anna Grear puts it, ‘necrotic, predatory imperative of Euro-centric petro-capitalism and rampant industrial consumerism’. Legal scholarship has often considered Cixous’ work in the context of ‘the linguistic turn’ – a turn that has been out of vogue for some time now. Hence, Cixous’ écriture feminine is rarely explicitly part of contemporary critical legal scholars’ efforts. In this text, however, I argue that Cixous’ scholarship, and her écriture feminine, is necessary to contemporary legal scholarship in its turn to new materialism, tech and AI: The feminist translation, transformation, transgression and translactation in écriture feminine interrupt the phallocentric predatory imperative embedded in the world such legal scholarship tries to make sense of and rework.
{"title":"Laugh All You Medusas! Hélène Cixous’ Écriture Feminine as Feminist Legal Translation, Transformation, Transgression, and Translactation in the Era of Ai and the Anthropocene","authors":"M. Arvidsson","doi":"10.1080/13200968.2021.2083781","DOIUrl":"https://doi.org/10.1080/13200968.2021.2083781","url":null,"abstract":"ABSTRACT This text considers Hélène Cixous’ écriture feminine (‘writing feminine’) as one way to do feminist legal translation. It discusses the importance of ‘writing one self’ as legal scholars in our own time as a reflection both on what law as well as what the self is or can be. To write one self through écriture feminine is a feminist act in contestation to the ‘phallocentric’ search for the law’s (phallo-)‘originary first term or logos’. Drawing on Yoriko Otomo’s feminist legal scholarship, I show that écriture feminine writes the world differently through the writing of the self; something which is urgently needed in a time of, as Anna Grear puts it, ‘necrotic, predatory imperative of Euro-centric petro-capitalism and rampant industrial consumerism’. Legal scholarship has often considered Cixous’ work in the context of ‘the linguistic turn’ – a turn that has been out of vogue for some time now. Hence, Cixous’ écriture feminine is rarely explicitly part of contemporary critical legal scholars’ efforts. In this text, however, I argue that Cixous’ scholarship, and her écriture feminine, is necessary to contemporary legal scholarship in its turn to new materialism, tech and AI: The feminist translation, transformation, transgression and translactation in écriture feminine interrupt the phallocentric predatory imperative embedded in the world such legal scholarship tries to make sense of and rework.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"47 1","pages":"283 - 297"},"PeriodicalIF":0.5,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47806198","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 : 2021-07-03DOI: 10.1080/13200968.2022.2105006
Miriam Bak-McKenna, Maj Grasten
Abstract Translation provides both an analytical tool and conceptual model for feminist legal research. Drawing on translation studies, feminist theory, and scholarship on gender and legal language, we show how translation assists in identifying how gendered points of difference and friction in law are articulated in communicative practice. The article moves from translation as the mechanical movement of meaning across linguistic boundaries to a sociocultural conception of translation as transformative of meanings assigned to ideas, knowledge, representations, and practices. We outline a conceptual agenda that addresses the relationship between law, gender and translation showing how focus on context, circulation and change harnesses and enables feminist legal method and research. Gendered aspects of linguistic practice and discourse include the power to interpret, translate and provide particularistic representations that both silence and enable. The article proposes a framework of use in promoting new modes of interdisciplinary research and dialogue in feminist legal studies.
{"title":"Law and Gender in Translation","authors":"Miriam Bak-McKenna, Maj Grasten","doi":"10.1080/13200968.2022.2105006","DOIUrl":"https://doi.org/10.1080/13200968.2022.2105006","url":null,"abstract":"Abstract Translation provides both an analytical tool and conceptual model for feminist legal research. Drawing on translation studies, feminist theory, and scholarship on gender and legal language, we show how translation assists in identifying how gendered points of difference and friction in law are articulated in communicative practice. The article moves from translation as the mechanical movement of meaning across linguistic boundaries to a sociocultural conception of translation as transformative of meanings assigned to ideas, knowledge, representations, and practices. We outline a conceptual agenda that addresses the relationship between law, gender and translation showing how focus on context, circulation and change harnesses and enables feminist legal method and research. Gendered aspects of linguistic practice and discourse include the power to interpret, translate and provide particularistic representations that both silence and enable. The article proposes a framework of use in promoting new modes of interdisciplinary research and dialogue in feminist legal studies.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"47 1","pages":"143 - 162"},"PeriodicalIF":0.5,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44449704","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 : 2021-07-03DOI: 10.1080/13200968.2021.2082757
S. Marvel
Abstract This paper will take up the conceptual category of the American oocyte bank to think more closely about how metaphors of financialisation and efficiency translate within the context of human fertility and reproduction. It will analyse the biomaterial archive of human gamete banks and trace the ways in which the metaphor of the ‘bank’ moves across human reproduction and the production of value. By taking up these questions in relation to human biomaterials, this paper aims to better understand recent shifts toward speculative value, such as predictive egg freezing, as well as the transformation of contemporary oocyte economies. It argues that the privatised and racialised character of the modern reproductive marketplace is enabled by the translation work performed by financialised metaphors of the bank, and suggests that frameworks drawn from more collectivist metaphors may allow for different legal and social materialities to emerge.
{"title":"Speculative Egg Freezing and Oocyte Markets: Translating Metaphors of Body and Bank","authors":"S. Marvel","doi":"10.1080/13200968.2021.2082757","DOIUrl":"https://doi.org/10.1080/13200968.2021.2082757","url":null,"abstract":"Abstract This paper will take up the conceptual category of the American oocyte bank to think more closely about how metaphors of financialisation and efficiency translate within the context of human fertility and reproduction. It will analyse the biomaterial archive of human gamete banks and trace the ways in which the metaphor of the ‘bank’ moves across human reproduction and the production of value. By taking up these questions in relation to human biomaterials, this paper aims to better understand recent shifts toward speculative value, such as predictive egg freezing, as well as the transformation of contemporary oocyte economies. It argues that the privatised and racialised character of the modern reproductive marketplace is enabled by the translation work performed by financialised metaphors of the bank, and suggests that frameworks drawn from more collectivist metaphors may allow for different legal and social materialities to emerge.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"47 1","pages":"187 - 205"},"PeriodicalIF":0.5,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44732419","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}
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