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When the First Quail Calls: Multiple Consciousness as Jurisprudential Method
... If we take seriously sceptical accounts of law developed within these more critical lines of scholarship, we begin to see a tension within Moreau's methodological dyad: if victims of discrimination often experience discrimination law as hostile and disbelieving, how can both be treated as authoritative resources in determining the moral truth of wrongful discrimination? This brief comment will seek to tease out the complex positionality adopted within Moreau's Faces of Inequality, and explore its tensions in light of Mari Matsuda's theory of "multiple consciousness" (Matsuda, 1992). ...
... See, e.g., the essays in Crenshaw et al. (1995). requires what she terms "multiple consciousness"an interest and capacity to move between worldviews that are often deeply dissonant (Matsuda, 1992). Matsuda elaborates that, "[h]olding on to a multiple consciousness will allow us to operate both within the abstractions of standard jurisprudential discourse, and within the details of our own special knowledge" (Matsuda, 1992, p. 299). ...
... These structural realities of legal advocacy lead Matsuda and others to exercise caution in their use of legal materials as genuine representations of experiences of discrimination. Matsuda often cites musicians and poets alongside law review articles in her own work (Matsuda, 1987(Matsuda, , pp. 333, 335-337, 341, 346, 351, 1991(Matsuda, , pp. 1330(Matsuda, -1331(Matsuda, , 1992, and explains that the pursuit of outsider jurisprudence requires attention to "history from the bottom," embracing such resources as "journals, poems, oral histories, and stories from [outsiders'] own experiences of life in a hierarchically arranged world." 17 In view of this tradition, Beeghly notes that Moreau's focus on legal materialseven where they express claims of discriminationrisks presenting a distorted version of experiences of discrimination. ...
Sophia Moreau's Faces of Inequality adopts a provocative philosophical methodology: centring the experiences of victims of discrimination, and the basic contours of anti-discrimination law, in developing an account of wrongful discrimination. If, however, we take seriously sceptical accounts of law developed within feminist and critical race scholarship, we begin to see a tension within Moreau's methodological dyad: if victims of discrimination often experience discrimination law as hostile and disbelieving, how can both be treated as authoritative? This contribution will explore this tension as it emerges in Faces of Inequality , in light of Mari Matsuda's theory of “multiple consciousness.”
... Theoretical Framework The conception of marked identities rests on the theory of CRF (Crenshaw, 1991a) that highlights the multiple consciousnesses that women of color often experience, and the simultaneous oppression that they face because of their race and their gender (and other sociallyconstructed identities) (Matsuda, 1989). CRF scholars have worked to position CRF as a key "legal and academic stratagem for studying and eradicating race, class and gender oppression in educational institutions" (Evans-Winters & Esposito, 2010, p. 19), in response to Matsuda's (1989) call for lawyers to develop multiple consciousnesses to "see the world from the standpoint of the oppressed" (p. ...
... Theoretical Framework The conception of marked identities rests on the theory of CRF (Crenshaw, 1991a) that highlights the multiple consciousnesses that women of color often experience, and the simultaneous oppression that they face because of their race and their gender (and other sociallyconstructed identities) (Matsuda, 1989). CRF scholars have worked to position CRF as a key "legal and academic stratagem for studying and eradicating race, class and gender oppression in educational institutions" (Evans-Winters & Esposito, 2010, p. 19), in response to Matsuda's (1989) call for lawyers to develop multiple consciousnesses to "see the world from the standpoint of the oppressed" (p. 9). ...
This paper examines the literature on domestic minor sex trafficking. We draw on a critical race feminist lens, with particular attention to intersectionality and assemblage, to review research on conditions that exacerbate and decrease girls’ vulnerability to sex trafficking to emphasize why schools must systematically engage in sex trafficking prevention. We argue that school communities are positioned to address the intersectional and exacerbating conditions that make students, particularly Black girls, more vulnerable to this form of modern-day slavery. Rather than reinforce narratives that often criminalize and devalue survivors, the purpose of this article is to create a dialogue about how schools can be intentional in fighting sex trafficking in their communities. We provide specific recommendations for schools to place girls’ voices at the center of this prevention work and build knowledge within the school faculty to sustain this work, work that is both feminist and anti-racist, to equip students to become competent, confident, and empowered leaders.
... It made perfect sense to her, and to the twelve jurors good and true who heard her when she said "your government lies, but your law is above such lies." 128 Matusda shows how legal professionals need not confine justice to small steps of resistance or relief within the corners left unpatrolled by the reigning thought and action police. Nor does law inherently produce complicity, bureaucracy, and complacency that detracts from seemingly more authentic power struggles. ...
... Jessica Eisen zones in on the methodology deployed in Faces of Inequality to highlight that although the focus on the victims of discrimination is most welcome, it may be in tension with other methodological commitments that Moreau holds. Eisen builds on the work of feminists and critical race theorists, and on the work of Mari Matsuda (1992) in particular, to argue that Moreau in fact departs from more critical approaches to the law although her work seems, at first sight, to be in line with them. Eisen contends that while feminist and critical approaches also start from the perspective of those subjected to discrimination, these theoretical families tend to be more sceptical of the law as a vehicle for promoting equality. ...
In this introduction, I briefly summarize Sophia Moreau's Faces of Inequality . I situate her monograph within two highly contemporary bodies of literature — relational egalitarianism and discrimination theory — to show how it provides important insights for understanding both what it means to treat others as equals in society and how to define wrongful discrimination. Moreau's work on discrimination is of great relevance for philosophers and socio-legal theorists alike as the commentaries from the symposium contributors demonstrate, including Dale Smith, Pablo Gilabert, Andrea Sangiovanni, Daniel Viehoff, Jessica Eisen, Alysia Blackham, and Iyiola Solanke.
... 'women's voice'. Ignoring racism and failing to see or hear the "intersections" of oppression and the insights offered from the 'view from the bottom', it was argued, rightly, resulted in theories and practices that responded to and benefited only middle class, white, heterosexual women (Crenshaw 1991;Matsuda 1992;Moreton-Robinson 2000Davis 2016. Particular narratives of violence against women have also emerged; narratives that Kimberlé Crenshaw famously argued ignored and distorted the experiences of women of colour and other women at the "intersections" of race, class, gender and sexual orientation (1991). ...
Australia is witnessing a political, social and cultural renaissance of public debate regarding violence against women, particularly in relation to domestic and family violence (DFV), sexual assault and sexual harassment. Women's voices calling for law reform are central to that renaissance, as they have been to feminist law reform dating back to nineteenth-century campaigns for property and suffrage rights. Although feminist research has explored women’s voices, speaking out and storytelling to highlight the exclusions and limitations of the legal and criminal justice systems in responding to women’s experience, less attention has been paid to how women's voices are elicited, received and listened to, and the forms of response they have received. We argue that three recent public inquiries in Australia reveal an urgent need for a victim-survivor-centred theory of listening to women’s voices in law reform seeking to address violence against women. We offer a nascent theory of a victim-survivor-centred approach grounded in openness, receptivity, attentiveness and responsiveness, and argue that in each of our case studies, law reform actors failed to adequately listen to women by silencing and refusing to listen to them; by hearing them but failing to be open, receptive and attentive; and by selectively hearing and resisting transformation. We argue that these inquiries signal an acute need for attention to the dynamics of listening in law reform processes, and conclude that a victim-survivor-centred theory of listening is a critical foundation for meaningful change to address violence against women.
... Critical race methodology argues that racism is often well disguised in the rhetoric of shared "normative" val ues and "neutral" principles and practices. 18 Critical race theor ists argue that, by not acknowledging race and racism as being connected to skin colour, "colourblind" racism and postracial ism continue to create oppressive living conditions for people of colour. Critical race theory attempts to understand why and how racism has persisted. ...
Background:
Increasing, supporting and cultivating diversity in health programs is key to addressing health inequities. We sought to investigate barriers and facilitators that could affect enrolment and success in health professions among people of African descent in Nova Scotia, Canada.
Methods:
We conducted semistructured interviews with people who self-identified as being of African descent who resided or grew up in Nova Scotia, who were working in or pursuing a career in a health profession, and who had participated in culturally specific mentorship programs. Semistructured interviews explored participant experiences that shaped their pursuit of a health profession, as a person of African descent. We thematically analyzed transcribed interviews using constructivist grounded theory.
Results:
We interviewed 23 participants. Thematic coding showed 4 major themes. The theme of "stand on my shoulders" spoke to the importance of mentorship within the Black community. "Growing through pain" spoke to resilience amidst race-related challenges. "Never the student; ever the teacher" showed the repeated need to educate on issues of race or diversity. The final theme, "change," highlighted next steps, including the need for improvement in curricula, for development of Black faculty and for initiatives that offer support.
Interpretation:
We found that mentorship, particularly within the community, was instrumental to promoting feelings of belonging. However, participants described the need for resilience in the face of discrimination during training and in practice in health care professions. Rather than focusing on their education, many had to educate those around them. Increased representation, support programs and updated curricula are needed to promote change.
... 64 Recognizing that all analyses arise from particular perspectives, critical race scholars have made "a deliberate choice to see the world from the standpoint of the oppressed." 65 From this methodological foundation a consensus has coalesced around some substantive principles. Most fundamental, perhaps, is that "race" is a powerful social construct, not a biological reality. ...
Stories matter. They matter to those intent on maintaining structures of power and privilege, and to those being crushed by those structures. In the United States, the space to tell, and to hear, our stories has been expanding. This means that the histories and lived realities of those who have been excluded, particularly people of color, are seeping into mainstream discourse, into the books our children read, the movies and television shows they watch, and the many websites comprising social media. Critical race theory has played a role in this expansion. It insists that we recognize the legitimacy of the stories of those deemed “Other” because they have been erased or distorted beyond recognition in the dominant narrative. 3 Critical race theory has helped ensure that the legacies of genocide and broken treaties, of the cruelties imposed upon enslaved persons, of the forced inclusion and exclusion of those regarded simply as disposable labor, have worked their way into the realm of what can be talked about. Critical race scholars have exposed immigration injustices and called out xenophobia and Islamophobia. All this discomfits those who benefit, or believe they benefit, from the status quo.
... Hence, Matsuda (1989) tries to find a jurisprudential method that would incorporate a "multiple consciousness" to give voice to those who have been systematically ignored while formulating laws owing to their race, sex, class, sexual orientation, or physical abilities. This way law often becomes the tool of exploitation for the people in a society who have the power to make, interpret and implement it, considering the 'other' groups as less than full legal citizens or even human beings. ...
This paper aims to investigate the lexical choices made in the Constitution to represent gender, the granted constitutional human rights of transgender persons, and contradictory social practices from the perspective of making them powerless and marginalized in terms of non-gender binary. The quantitative analysis of the second section of the Constitution related to human rights and principles of policy for government in terms of nouns and personal pronouns to represent generic pronouns and its implication for gender representation in a legal document was carried out through simple concordance program 4.0.5 by generating word list of data to find the frequencies. Moreover, the basic human rights of dignity, education, health care, financial security, employment opportunities, and equality in all respects ensured to all the citizens of state are discussed and social realizations of these rights for transgender are explored. The findings reveal that transgender persons neither have any representation in the Constitution of Pakistan nor they are the recipients of basic human rights in Pakistani society as compared to other marginalized groups like women, children and differently able people. To conclude, it can be said that although in the last decade, governments have passed some policies (Transgender Persons Welfare Policy, 2018) to empower Transgender community, yet, a long-term nation based social awareness program and implementation of policies are recommended to make transgender persons' lives better in letter and spirit.
... Hence, Matsuda (1989) tries to find a jurisprudential method that would incorporate a "multiple consciousness" to give voice to those who have been systematically ignored while formulating laws owing to their race, sex, class, sexual orientation, or physical abilities. This way law often becomes the tool of exploitation for the people in a society who have the power to make, interpret and implement it, considering the 'other' groups as less than full legal citizens or even human beings. ...
This paper aims to investigate the lexical choices made in the Constitution to represent gender, the granted constitutional human rights of transgender persons, and contradictory social practices from the perspective of making them powerless and marginalized in terms of non-gender binary. The quantitative analysis of the second section of the Constitution related to human rights and principles of policy for government in terms of nouns and personal pronouns to represent generic pronouns and its implication for gender representation in a legal document was carried out through simple concordance program 4.0.5 by generating word list of data to find the frequencies. Moreover, the basic human rights of dignity, education, health care, financial security, employment opportunities, and equality in all respects ensured to all the citizens of state are discussed and social realizations of these rights for transgender are explored. The findings reveal that transgender persons neither have any representation in the Constitution of Pakistan nor they are the recipients of basic human rights in Pakistani society as compared to other marginalized groups like women, children and differently able people. To conclude, it can be said that although in the last decade, governments have passed some policies (Transgender Persons Welfare Policy, 2018) to empower Transgender community, yet, a long-term nation based social awareness program and implementation of policies are recommended to make transgender persons' lives better in letter and spirit.
... 14 'Nitty-gritty detail', is a necessary aspect of humanizing neglected groups and focusing on their burdens, forcing the law to bend to actual equality, while abstraction and detachment from lived conditions of marginalized people allow law to pretend to equality while avoiding it in practice. 15 This abstraction is one of the ways that law may 'without justification submerge the perspectives of women and other marginalized groups', thereby protecting their continued subordination; and it is one reason feminist legal scholars emphasize the need to increase awareness of the actual experiences of those affected by legal principles. 16 At times, particularly compelling stories may break through these protections, enabling progress for marginalized voices. ...
The graphic and bodily facts of a legal question of rights are relevant to the courts, particularly in questions that directly implicate physical bodies and pain, such as right to die cases, or what level of search may be allowable and when. However, in the case of abortion, or more specifically the bodily ramifications of pregnancy and childbirth, this detail is conspicuously absent. This article, relying on a content analysis of over 220 legal opinions on abortion rights, documents this absence of rhetoric. Particularly in the context of other discussions of pain and physical health risks in these very same cases, the complete absence of an acknowledgement of the bodily ramifications of pregnancy and childbirth appears purposeful, if perhaps not conscious. Reviewing prior literature on abortion rights and abortion rhetoric, it is likely that this lack of language both reflects and reinforces an assumption of women's roles as mothers, a general reluctance to acknowledge the totality of the sacrifices women make in giving birth, and the refusal to acknowledge women's individual interests as whole persons.
... Harris argues that, in order to renew legal theory, "we need to subvert it with narratives and stories, accounts of the particular, the different and the hitherto silenced". With Mari Matsuda, she proposes as a legal method the promotion of a "multiple consciousness" of women, which abandons essentialized categories and embraces the differences in experiences (HARRIS, 1990, p. 585-589, 605, 613, 615;MATSUDA, 1989). ...
Resumo O artigo propõe um mapeamento dos feminismos e das posicionalidades queer, demonstrando como o gênero e a sexualidade se apresentam como categorias úteis de análise e crítica do direito. Ele reconstitui algumas das principais discussões e dilemas das lutas e das teorias feministas e queer a fim de identificar como as suas categorias, métodos e estratégias oferecem uma posição privilegiada e potente para a crítica jurídica.
... Consistent with the primary tenets of critical race theory, CRF proponents recognize that racism is an everyday occurrence deeply ingrained in society (Razack et al., 2010). Because it is perceived as ordinary and natural, laws or rules that encourage treating everyone equally obscure racism (Matsuda, 1989) and do very little to address covert racism or the everyday alienation, despair, and invisibility that racialized people encounter (Brown, 2007). CRF scholars draw on an intersectional lens to analyze the ways in which Black women's experiences of IPV are compounded by multiple and overlapping forms of oppression, such as race, class, and gender, histories of exclusion and disadvantage, poverty, unemployment, and immigration status (Crenshaw, 1991;West, 2005). ...
Canadian research examining the overlap between Black women's victimization and criminalization is sparse. This qualitative study addresses this gap by examining the ways in which criminalized Black women's intersecting identities of race, class, and gender influence how they perceive, experience, and respond to intimate partner violence (IPV). Semi-structured interviews were conducted with 25 Black women who experienced IPV. The findings focus on the women (15) who were also charged with an IPV-related offense. Critical race feminism was employed to analyze their narratives. This research has implications for policy, practice, and future research with Black women who are victimized and criminalized.
... This counterspace reified the importance of establishing a sisterhood and feminist community, particularly in a White and male-dominated discipline such as science. CRF (1997) originated to explore the legal status of women of color in the United States and draws upon Mari Matsuda's (1989) notion of "multiple consciousness" as Black girls and women navigate racist, sexist, and imperialist structures. They often experience oppression and discrimination on the basis of their intersectional identities of race, ethnicity, gender, and class. ...
Building on previous research that has described the underrepresentation of women of color in science fields, this paper presents case studies of Black middle school girls to examine how their science identities developed over space and time. Data were collected over the course of their seventh-grade year in both in school (science classroom) and out-of-school (afterschool club) contexts. The Multidimensionality of Black Girls' STEM Learning framework was used to explore the role of the afterschool club as a counterspace and how students made sense of science, science people, and their current and future selves based on their experiences in school and after school science contexts. All three participants struggled to see their future selves as scientists and made distinctions amongst being a science person, a person who likes science, or a scientist. They also negotiated views of science as active and hands-on in the afterschool setting while experiencing more passive and decontextualized forms of science in the formal school setting. Implications include a need to disrupt the culture of science and reimagine formal science education by learning from out-of-school time science programs that function as counterspaces to support Black girls' science identity. We conclude that there remains a need to draw attention to and understand the role of race and racism in science education so that Black girls' science identities are affirmed beyond counterspaces.
... This differs from a traditional GT approach as it assumes an ontological standpoint that society is racially ordered, and this prior assumption cannot be set aside. CRT developed in North America through the work of Black scholars (notably, Bell, 1991Bell, , 1992Crenshaw, 1989Crenshaw, , 1995Delgado, 1994Delgado, , 1996Matsuda, 1987Matsuda, , 1989, within the field of legal jurisprudence. More recently it has emerged as a research framework in the UK context, in the field of education (Doharty, 2019;Gillborn et al., 2012;Gillborn, 2015;Joseph-Salisbury, 2019); sport (Hylton, 2010(Hylton, , 2008 and criminology (Glynn, 2013;Long, 2018). ...
Using a critical race theory (CRT) framework, this paper analyses Black and Black mixed- race people’s experiences of reporting crime. It is based on qualitative interviews with 20 participants. The analysis finds that the process of becoming the (un)victim is mediated through the intersection of race with gender and masculinity, class and migrant status. Ultimately, Black and Black mixed-race men are the ‘ideal offender’ rather than the ‘ideal victim’ (Christie, 1986). The research finds that the (un)victim experiences racial re-victimization and develops an altered perception of the police as a trusted body. The racialized affect of being the (un)victim is greater than the effects of minor crime on the victim. The challenges that this poses to the relationship between Black communities and the police are explored and the implications for future practice discussed.
The current study sought to understand the lived experiences of 10 formerly incarcerated Black and Latino men in an apprentice program for physical trainers using directed content analysis. Participants described a variety of microaggressions, including those representing known themes (e.g., assumption of criminality) and new (sub)themes (e.g., borrowed legitimacy). They also described new opportunities afforded to them by virtue of their involvement in the apprentice program and their newly found authority. Results indicate that formerly incarcerated men of color experience daily discrimination and re‐entry challenges that may be destabilizing and contribute to recidivism, thus reinforcing the cycle of mass incarceration. The authors suggest further investment in tertiary interventions to buffer against the harmful effects of microaggressions, as well as further research with a critical race lens and primary interventions aimed at ameliorating the societal conditions that lead men of color to come into contact with the criminal legal system.
Much is being written about feminist lawyering in the West; however, this work examines this idea in the Indian context, its elements, dimensions, challenges one may face, and the way it is being practiced. While reflecting on case laws and activism, this work suggests that 1) Feminist lawyering in a profoundly hierarchical society is a much broader concept than that of traditional lawyering, where a lawyer works not to `win the case' but aims at the larger goals of eliminating inequalities, contesting patriarchy, challenging sexist stereotypes, and addressing structural and systemic conditions that perpetuate male-domination. 2) Feminist lawyering demands affirmative actions besides survivor-centric or victim-centric justice, which entails understanding the situation using the intersectionality paradigm. 3) The purpose of feminist lawyering is to negotiate and contest women's rights at various levels, where the lawyers strive to transform the androcentric systems to enforce the constitutional provisions of equality, liberty, and social justice. 4) Feminist lawyering questions the unjust norms within and outside the courtrooms, asking the legal system, courts, and society to be sensitive about gender concerns. It passionately demands the enforcement of the citizenship rights of half of humanity.
Synthesizing the contributions in this issue, the authors with expertise as tenured faculty and student and academic affairs administrators offer radical, yet timely implications for practice intended to contribute to the emancipation of Black women at all levels in higher education. In so doing, these authors (re)imagine an academy that responds more judiciously to the material needs of Black women moving into the next twenty years.
By attending to how people speak about their gender, we can find diverse answers to the question of what it is like to have a gender identity. To some, it is little more than having a body whereas others may report it as more attitudinal or dispositional—seemingly contradictory views. In this paper, I seek to reconcile these disparate answers by developing a theory of how individual gender identity comes about. In the simplest possible terms, I propose that gender identity is how we make sense of our gender subjectivity, the totality of our gendered experiences of ourselves. Gender identity is constituted by gender subjectivity, but this constitutive relationship is underdetermined. While gender subjectivity may narrow the range of inhabitable gender identities, it is always compatible with more than one. To arrive at a gender identity, we arrange gender subjectivity like building materials. My theory helps us understand how different people offer seemingly incompatible accounts of their gender identity without questioning their authenticity or validity. They simply arrange similar building materials differently.
In November 2021, this virtual roundtable discussion brought together three activist-scholars to examine current trans legal issues in Canada and reflect on a broader vision for trans justice. The conversation’s starting points were the recent Superior Court of Québec’s decision in Centre for Gender Advocacy v Attorney General of Quebec, which found that Québec law about identification papers discriminated against trans and non-binary people, and the provincial government’s shocking response in proposing regressive and harmful legal changes. The panelists contextualized these legal twists by discussing the recurring patterns of trans rights victories being followed by anti-trans backlash; the gaps between legal reforms and their implementation; the law’s promises for, and limits in, effecting social change; and the vital role that community expertise can and must play in (re)defining the future of trans justice.
Many necessary developmental assets and competencies can be accrued through the participation of sport that aid in the holistic healthy development of adolescent girls; however, much research in this area has focused on adolescent girls as a monolithic group, disregarding the specific outcomes of sport for girls of color. Through analysis of semistructured interviews of 31 Latina high school wrestlers, we identified various developmental outcomes associated with their sport involvement. We apply a new epistemological approach to positive youth development within the context of sports development through the usage of extensive narratives of two of the girls. This study explores adolescent Latinas’ involvement in high school wrestling, a sport that is widely male dominated yet rising in popularity.
Vedecká monografia s názvom Prí(r)učka právneho feminizmu, ktorá má podtitul Pojem, charakteristika, znaky, vývoj a podoby právneho feminizmu predstavuje po prvýkrát v prostredí slovenskej právnej vedy problematiku právneho feminizmu komplexným spôsobom. Autor v jej obsahu analyzuje právny feminizmus ako osobitný právno-filozofický a právno-teoretický smer, ktorý zasadzuje do širšieho rámca všeobecného feminizmu. Vnútorná ideologická a vývojová diverzita právneho feminizmu privádza autora pred snahu o jeho systematizáciu do ideologických podôb, teoretických pozícií a vývojových vĺn tak, aby sa tým sledoval ideový vývoj všeobecného feminizmu. Za týmto účelom predstavuje jednotlivé podoby feminizmu a právneho feminizmu vrátane ich najvýznamnejších predstaviteliek a najvýznamnejších predstaviteľov. Zvýšený ohľad pritom autor kladie na anglo-americké prostredie od konca šesťdesiatych rokov 20. storočia do súčasnosti, teda na obdobie, od kedy vzniká právny feminizmus ako koncepčný a kriticky smer právneho myslenia. Autor analyzuje ustálené poznatky právneho feminizmu o práve a právnej politike a z nich abstrahuje základné teoretické znaky feministického prístupu k právu. V tomto smere autor venuje pozornosť základným pojmom, kategóriám, ideologickým predpokladom či metodickým a metodologickým východiskám feministickej právnej vedy. Okrem toho, že tým podáva komplexný prehľad o vývoji diverzitných podôb právneho feminizmu, sústreďuje sa aj na normatívnu stránku právno-feministických prístupov, ktorej účelom je zmeniť podobu súčasnej modernej právnej vedy tak, aby sa z právneho myslenia eliminovali pohlavie a rod ako právne relevantné kritéria.
Učebnica predstavuje v koncentrovanej podobe povahu, znaky a vybraných predstaviteľov či predstaviteľky najaktuálnejších podôb právneho myslenia. Prináša tak príležitosť oboznámiť sa s kritickými prístupmi skúmania práva, ktoré prekračujú rámec tradičnej, modernej či dogmatickej právnej vedy. Za týmto účelom sumarizuje pohľady, ktoré podrobujú právo kritickému skúmaniu a prehodnoteniu externým pohľadom z rôznorodých oblastí života spoločnosti, akými sú napríklad postmoderná filozofia, literárne umenie, ekonómia, psychológia a politika (resp. politický rozmer identity). Naznačuje tendencie právnej vedy z prelomu 20. a 21. storočia, ktoré spočívajú najmä v rastúcej fragmentácii, odklone od práva ako ústredného objektu skúmania a posilňovaní interdisciplinárnych možností skúmania práva.
Študentkám a študentom právnických fakúlt sa tak do rúk dostáva charakteristika postmoderných prístupov k právu, hnutia právo a literatúra, hnutia právo a ekonómia, ako aj rôznorodé podoby radikálnych teórií práva (kritické právne štúdie, právny feminizmus a kritická rasová teória) vrátane lesbickej teórie práva a queer teórií práva.
Účelom učebnice je zreteľne, prehľadne a vo vzájomnej nadväznosti popísať základné znaky zvolených prístupov a hnutí právneho myslenia. Študentky a študenti majú možnosť poznať nielen ich účel a ideové/ideologické nastavenie, ale najmä ich má viesť k zhodnoteniu významu a výsledkov alternatívnych (hoci aj kritických) prístupov a hnutí právnej vedy k súčasným podobám práva a jeho reálnym prejavom.
Zdroj a viac info na: https://www.knihyleges.cz/sucasne-podoby-pravnej-filozofie
This chapter will make the argument for race as a ‘threshold concept’ (Meyer & Land, 2003) in Criminology. Despite the overwhelming focus on racialised minorities within criminal justice institutions, Criminology operates in a ‘racial vacuum’ (Glover, 2009). Utilising a Critical Race Theory (CRT) approach, it argues that a ‘pedagogical reconstruction’ (Young & Greene, 1995) of the criminology curriculum is necessary in order to address this ‘racial vacuum’ and, to integrate the perspectives of racially minoritized communities. Situating teaching and learning about race, within principles of critical pedagogy (Freire, 1970, 1994), it presents strategies for teaching about ‘race’ in Criminology. It will address the barriers to discussing race and racism, in particular privilege and oppression and the operationalisation of ‘White fragility’ (DiAngelo, 2011). It further utilises pedagogies of discomfort (Boler, 1999) and critical hope (Applebaum, 2017) to reflect upon teaching strategies that challenge racist perspectives and the racial dynamics in the classroom. The chapter concludes that discomfort must be embraced and utilised to facilitate transformative learning that has the potential to reform society through critical ‘praxis’.
In the United States, feminist jurisprudence has been perceived as mainly concerned with the rights of white majority women. The plight of women of color, who are Black, Asian, Hispanic, Native American or other minority groups, has often been ignored. These women are disproportionately stalled at the bottom of society—economically, socially, and politically. American law professors developed a unique approach towards feminism to more adequately encompass the situation, known as Critical Race Feminism (CRF). CRF seeks to identify legal problems, but also formulate relevant solutions as well. CRF originated out of a much broader set of legal and social movements—most notably Critical Legal Studies (CLS), Critical Race Theory (CRT), and feminist jurisprudence. CRF also introduces its own distinct analytical contributions. CRF contradicts the traditional feminist ideology of the “essential female voice,” and instead relies on the theory of intersectionality in which CRF demarginalizes the anti-essentialist plight of women of color. This chapter also discusses an approach to women’s rights on the global level, known as Global Critical Race Feminism (GCRF).
Much is being written about feminist lawyering in the West, but what is the purpose of feminist lawyering in the patriarchal context in third-world nations? While reflecting on case laws and
activism in India, this essay argues that feminist lawyering in a profoundly hierarchical society is a much broader concept than that of traditional lawyering where a lawyer works not to `win the
case’ but aims at the larger goals of eliminating inequalities, eradicating oppression, challenging sexist stereotypes, abolishing fascism and addressing conditions that perpetuate domination. In a
society, where citizenship rights are denied to specific groups based on social parameters such as gender, race, caste, class or religion, feminist lawyering in such a context has to be understood
broadly as a practice that supports those on the margins while holding the state accountable. It is about questioning the androcentric norms within and outside the courtrooms, asking the law, courts and society to be sensitive about gender concerns and to recognize and enforce the citizenship rights of half of humanity. This essay concludes that the purpose of feminist lawyering is to negotiate and contest the rights at various levels where feminist lawyers strive to transform the androcentric law and the layered, hierarchical society with the aim to enforce constitutional provisions of equality, liberty and social justice in reality.
Vedecká monografia s názvom Prír(u)čku právneho feminizmu, ktorá má podtitul Pojem, charakteristika, znaky, vývoj a podoby právneho feminizmu predstavuje po prvýkrát v prostredí slovenskej právnej vedy problematiku právneho feminizmu komplexným spôsobom. Autor v jej obsahu analyzuje právny feminizmus ako osobitný právno-filozofický a právno-teoretický smer, ktorý zasadzuje do širšieho rámca všeobecného feminizmu. Vnútorná ideologická a vývojová diverzita právneho feminizmu privádza autora pred snahu o jeho systematizáciu do ideologických podôb, teoretických pozícií a vývojových vĺn tak, aby sa tým sledoval ideový vývoj všeobecného feminizmu. Za týmto účelom predstavuje jednotlivé podoby feminizmu a právneho feminizmu vrátane ich najvýznamnejších predstaviteliek a najvýznamnejších predstaviteľov. Zvýšený ohľad pritom autor kladie na anglo-americké prostredie od konca šesťdesiatych rokov 20. storočia do súčasnosti, teda na obdobie, od kedy vzniká právny feminizmus ako koncepčný a kriticky smer právneho myslenia. Autor analyzuje ustálené poznatky právneho feminizmu o práve a právnej politike a z nich abstrahuje základné teoretické znaky feministického prístupu k právu. V tomto smere autor venuje pozornosť základným pojmom, kategóriám, ideologickým predpokladom či metodickým a metodologickým východiskám feministickej právnej vedy. Okrem toho, že tým podáva komplexný prehľad o vývoji diverzitných podôb právneho feminizmu, sústreďuje sa aj na normatívnu stránku právno-feministických prístupov, ktorej účelom je zmeniť podobu súčasnej modernej právnej vedy tak, aby sa z právneho myslenia eliminovali pohlavie a rod ako právne relevantné kritéria.
Plná verzia e-booku dostupná na nasledujúcich url odkazoch:
1. link: https://tinyurl.com/yc9h2htf ;
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Much is being written about feminist lawyering in the West, but what is the purpose of feminist lawyering in the patriarchal context in third-world nations? While reflecting on case laws and activism in India, this essay argues that feminist lawyering in a profoundly hierarchical society is a much broader concept than that of traditional lawyering where a lawyer works not to `win the case' but aims at the larger goals of eliminating inequalities, eradicating oppression, challenging sexist stereotypes, abolishing fascism and addressing conditions that perpetuate domination. In a society, where citizenship rights are denied to specific groups based on social parameters such as gender, race, caste, class or religion, feminist lawyering in such a context has to be understood broadly as a practice that supports those on the margins while holding the state accountable. It is about questioning the androcentric norms within and outside the courtrooms, asking the law, courts and society to be sensitive about gender concerns and to recognize and enforce the citizenship rights of half of humanity. This essay concludes that the purpose of feminist lawyering is to negotiate and contest the rights at various levels where feminist lawyers strive to transform the androcentric law and the layered, hierarchical society with the aim to enforce constitutional provisions of equality, liberty and social justice in reality.
Advancing the goals of feminist international law in the twenty-first century requires renewed commitment to universality, and a deft multi-directionality. The iconic 1989 demonstration organized by British Asian women in support of the writer Salman Rushdie, condemned to death by a fatwa from Ayatollah Khomeini, provides a helpful metaphor. Campaigners from Southall Black Sisters and Women Against Fundamentalism led the protest carrying signs proclaiming: “A Women's Place Is in the World,” and “Our Tradition Is Struggle, Not Submission.” ¹ The women stood between two groups of men: a phalanx of British Muslim fundamentalist demonstrators denouncing Rushdie and calling for blasphemy laws, and white far right National Front protestors who opposed those fundamentalists with racist rhetoric. The women human rights defenders (WHRDs) challenged both groups of men, were threatened by both. Though encircled, they were determined to create their own space for multi-directional resistance.
This paper attempts to take the ocean of experiences, feelings and thoughts in relation to online teaching as a reaction to the restrictions on face-to-face teaching brought about by the COVID-19 Pandemic in 2020 that have passed through my mind, having been influenced by the efforts and ruminations of others, and fit it into a teacup. The purpose of this exercise, in grappling with the visceral tensions experienced in this moment despite the similarities evoked of the ‘separate but equal’ treatment of persons under apartheid; and in keeping with Robinson-Morris’ ‘(re)thinking as (non-)method’, is to explore how challenging the Eurocentric conception of the unitary-self challenges the duality implicit in ‘Double Consciousness’ and proves a grappling with ‘Multiple Consciousness’ as a way of being-becoming and inter-being towards seeking liberation of the mind (framed through Black Consciousness and African Feminist Theory) through recourse to Ubuntu and Buddhist Philosophies.
Predložený príspevok sa zameriava na feministický konštrukt pojmu a kategórie „ženy“ vo feministickej právnej vede tak, ako sa formoval od sedemdesiatych rokov 20. storočia do súčasnosti. Príspevok teda zachytáva vývoj danej problematiky od druhej vlny feminizmu po jeho tretiu vlnu. Za týmto účelom popisuje a analyzuje jednotlivé podoby esencialistických a anti-esencialistických východísk feministických teórií práva. V nadväznosti na to uvádza systematiku feministického esencializmu, ktorá pozostáva z prirodzeného esencializmu, sociálne konštrukčného esencializmu a liberálneho esencializmu, a takisto feministického anti-esencializmu, ktorý môže mať černošskú, lesbickú alebo postmodernú podobu. Podstatnou časťou príspevku je identifikácia feministických dôvodov, ktoré vyústili do vzniku esencialistických teórií. Vedľa nich sa takisto orientuje na predstavenie najzásadnejších feministických argumentov anti-esencializmu voči esencializmu. Príspevok tak predstavuje vývoj ako aj súčasný stav feministického konštruovania pojmu a kategórie „ženy“ ako teoretického základu feministickej právnej filozofie, teórie, vedy a bodu pre vytýčenie účelných feministických právnych stratégií.
Gender equality research in the context of small-scale fisheries is still in its early stages. The recent endorsement of the Small-Scale Fisheries Guidelines, and its inclusion of gender equality and other human rights principles, captured the interest of many small-scale fisheries scholars from across many disciplines. However, legal research on small-scale fisheries remains scarce. In this chapter, I examine key gender and justice research by a variety of fisheries scholars from a socio-legal perspective. I examine how fisheries gender researchers approach gender equality while identifying gaps and issues that could be enhanced by incorporating legal theories and methodologies. I draw on feminist legal theories and methodologies, as well as critical race theories, to address gaps in fisheries gender equality research and highlight the benefits and opportunities that such cross-discipline work may create. I develop a Gender + Race Assessment Matrix, which would enable fisheries scholars to engage in a more thorough analysis of existing fisheries polices and aid them to recommend more gender-conscientious interventions. This matrix can also inform the making of new policies that aimed at combating injustices and consistent with Blue Growth and Blue Economy objectives.KeywordsSSF guidelinesHuman rightsGender equalityFeminist legal theoryCritical race theory
In her influential work Justice, Gender, and the Family (1989), the late feminist and political philosopher Susan Moller Okin writes that “a just future would be one without gender.” She argues that the society’s veering away from gender renders the family a practical avenue where a sense of egalitarian-humanist justice can be developed. This article revisits her work and appraises the viability of her thesis in the context of women’s diverse experiences in underserved societies. By employing the concept of intersectionality, the article reflects on how Okin’s argument could be rethought to account for the substantively layered and distinct experiences of women in marginalized communities, and how achieving gender justice should go beyond dismantling gender roles within the family. This can be done by fostering an ethos of gender justice that guides members of the society into thinking about the intersections, complexities, and dynamic processes of individual experiences, and adopting a critical gender praxis to apply meaningful ideas for the creation of viable and holistic strategies in fully addressing gender inequalities.
Equity-oriented school improvement driven by neoliberal policies focuses attention on a narrow range of inequities. Such policies fail to achieve substantive transformations that address educational constraints experienced by multiply-marginalized youth of color. We engage a critical race and intersectional feminist examination of our pedagogy in a youth voice initiative designed to facilitate multiply-marginalized youth of color participation in district policy partnership. Our analysis presents practices that were consequential for supporting youth intellectual activism in policy conversations. We propose a model for critical race intersectional pedagogy that relates these practices and underlying ideological principles to supporting expansive transformative policy partnerships.
Jurisdictions increasingly recognize ‘X’ as a legal gender marker alongside ‘M’ and ‘F’, offering an alternative to those whose gender identity falls outside or in excess of the man/woman dichotomy. This chapter explores the justifications and limitations of ‘X’ as a gender marker, arguing that it does not place non-binary people on an equal footing to men and women since it serves as a single, catch-all option for a wide range of non-binary identities. The chapter the explores the possibility of expanding the availability of gender markers to reflect the full diversity of non-binary people but suggests that it would be rejected as absurd due to the ongoing role of gender markers in preserving cisnormativity. It concludes that abandoning gender markers may be the only fully inclusive option. For gender liberation to come within reach, we must imagine a future without gender markers.
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