36 resultados para Feminist legal theory


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Vieten's edited collection brings together papers that were given at the I M Young Memorial Symposium 'Inclusion and Democracy Revisited', held in Amsterdam in 2012. The different chapters presented explore in-depth, Young's models of a 'politics of cultural difference', and a 'politics of positional difference' read in combination with her critique of normalisation. Young regards the latter as decisive to any change for the better when reaching out politically to a fairer and more just democratic society.
With the current political, economic and socio-cultural crisis in mind, the contemporary world of global speed and transformed societies in and beyond Europe needs a refinement of what we understand 'normalisation' and 'difference' to be. How can we connect to each other, and in what ways can Young's 'structural inequality model' be applied to develop alternative outlooks on how to enhance inclusion and democracy in different nation states?

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

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This paper describes a collaborative practice, between an architect (the author) and a textile designer; its outcomes and the critical theoretical and feminist contexts from which the practice evolved and to which it still responds. The practice advocates the interweaving of more than the yarns, material and cultures on which it is physically based, but also the intertwining of theory and technology as a means to advance architectural practice. This is done in response to Ahrentzen’s charge to feminist scholars and practitioners to ‘embrace not only the abstract conceptual nature of much postmodernist theorizing but also that derived from the serious “hanging out”, looking at, listening to, scrutinising and theorizing lived experiences of the everyday’, in this instance the everyday practice of combining concrete and textiles.

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This paper explores the law of accidental mixtures of goods. It traces the development of the English rules on mixture from the seminal nineteenth century case of Spence v Union Marine Insurance Co to the present day, and compares their responses to those given by the Roman law, which always has been claimed as an influence on our jurisprudence in this area. It is argued that the different answers given by English and Roman law to essentially the same problems of title result from the differing bases of these legal systems. Roman a priori theory is contrasted with the more practical reasoning of the common law, and while both sets of rules are judged to be coherent on their own terms, it is suggested that the difference between them is reflective of a more general philosophical disagreement about the proper functioning of a legal system, and the relative importance of theoretical and pragmatic considerations.

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