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By Susan James, Stephanie Palmer
How may still feminist theories conceive of the topic? what's it to be a felony individual? What half does embodiment play in subjectivity? Can there be a perception of rights which does justice to the social contexts during which rights claims are embedded? Is the best way the legislations constitutes criminal topics a sort of violence? those questions lie on the center of up to date feminist conception, and during this assortment they're addressed through a gaggle of distinctive overseas students operating in legislations, philosophy and politics. the quantity, within which the worries of 1 writer are taken up via others, advances present debate on interconnected degrees. First, it includes unique and ground-breaking discussions of the questions raised above. even as, it features a extra reflexive strand of argument in regards to the highbrow assets on hand to feminist thinkers, and the benefits and hazards of borrowing from non-feminist traditions of idea. It hence offers an incredibly wealthy exam of up to date felony and political feminist idea.
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Extra info for Visible Women: Essays on Feminist Legal Theory and Political Philosophy
Example text
In Tully’s analysis, feminism becomes “the struggles of women for the recognition and accommodation of their genderrelated differences”,20 and this is taken to mean that women need something more or other than an equal say in the institutions or traditions established by men. They also need an equal say “in their own voice”, which seems to imply an equal standing in a dialogue that women join from their own distinct organisations and with their own distinct traditions of interpretation. There is something rather odd in the scenario this conjures up.
Counsel contended that viable meant “capable of being born alive and surviving into old age in the normal way without intensive care or surgical intervention” but this was rejected. Ibid at 622. The suggestion that a child must survive for a reasonable period before it can be live was also rejected. 39 [2001] 4 All ER 961 [hereinafter Re A (Children)]. ” (2001) 23 Sydney Law Review 423. 40 The Court of Appeal adopted a two-stage analysis, considering the application of the welfare principle before turning to the question of lawfulness.
But even beyond this, the decision provides a particularly striking illustration of the difficulties posed by the confusion of bodily boundaries. The case involved an application to the Court for a declaration that it would be lawful for doctors to surgically separate conjoined twins, known as Jodie and Mary. There were two principal legal obstacles in the path of the proposed surgery. The first was that the parents refused to consent to the separation, though it was at least possible within the existing legal framework for this objection to be overcome by recourse to the welfare principle.