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Reaction and Resistance 00Front.Qxd 9/5/2007 8:58 PM Page Ii 00front.qxd 9/5/2007 8:58 PM Page i Reaction and Resistance 00front.qxd 9/5/2007 8:58 PM Page ii Law and Society Series W. Wesley Pue, General Editor The Law and Society Series explores law as a socially embedded phenom- enon. It is premised on the understanding that the conventional division of law from society creates false dichotomies in thinking, scholarship, educational practice, and social life. Books in the series treat law and society as mutually constitutive and seek to bridge scholarship emerging from interdisciplinary engagement of law with disciplines such as politics, social theory, history, political economy, and gender studies. A list of the titles in this series appears at the end of this book. 00front.qxd 9/5/2007 8:58 PM Page iii Edited by Dorothy E. Chunn, Susan B. Boyd, and Hester Lessard Reaction and Resistance: Feminism, Law, and Social Change 00front.qxd 9/5/2007 8:58 PM Page iv © UBC Press 2007 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without prior written permission of the publisher, or, in Canada, in the case of photocopying or other reprographic copying, a licence from Access Copyright (Canadian Copyright Licensing Agency), www.accesscopyright.ca. 151413121110090807 54321 Printed in Canada on ancient-forest-free paper (100% post-consumer recycled) that is processed chlorine- and acid-free, with vegetable-based inks. Library and Archives Canada Cataloguing in Publication Reaction and resistance : feminism, law, and social change / edited by Dorothy E. Chunn, Susan B. Boyd, and Hester Lessard. Includes bibliographical references and index. ISBN 978-0-7748-1411-9 1. Feminism – Canada. 2. Feminism – Political aspects – Canada. 3. Women – Legal status, laws, etc. – Canada. 4. Women – Government policy – Canada. 5. Canada – Social policy. 6. Social change – Canada. I. Chunn, Dorothy E. (Dorothy Ellen), 1943- II. Boyd, Susan B. III. Lessard, Hester, 1948- HQ1155.R43 2007 305.420971 C2007-904283-X UBC Press gratefully acknowledges the Wnancial support for our publishing program of the Government of Canada through the Book Publishing Industry Development Program (BPIDP), and of the Canada Council for the Arts, and the British Columbia Arts Council. This book has been published with the help of a grant from the Canadian Federation for the Humanities and Social Sciences, through the Aid to Scholarly Publications Programme, using funds provided by the Social Sciences and Humanities Research Council of Canada. UBC Press The University of British Columbia 2029 West Mall Vancouver, BC V6T 1Z2 604-822-5959 / Fax: 604-822-6083 www.ubcpress.ca 00front.qxd 9/5/2007 8:58 PM Page v Contents Acknowledgments / vii 1 Feminism, Law, and Social Change: An Overview / 1 Dorothy E. Chunn, Susan B. Boyd, and Hester Lessard PART 1 Media Representations of Feminism, Anti-Racism, and Their Counter-Movements 2 “Take It Easy Girls”: Feminism, Equality, and Social Change in the Media / 31 Dorothy E. Chunn 3 Virtual Backlash: Representations of Men’s “Rights” and Feminist “Wrongs” in Cyberspace / 65 Robert Menzies 4 Imperial Longings, Feminist Responses: Print Media and the Imagining of Nationhood after 9/11 / 98 Sunera Thobani PART 2 Sexual Terrains: Criminal Law and the Campus 5 The Discursive Disappearance of Sexualized Violence: Feminist Law Reform, Judicial Resistance, and Neo-Liberal Sexual Citizenship / 127 Lise Gotell 6 Backlash in the Academy: The Evolution of Campus Sexual Harassment Regimes / 164 Hester Lessard 00front.qxd 9/5/2007 8:58 PM Page vi PART 3 Familial Identities and Neo-Liberal Reform 7 Feminism, Fathers’ Rights, and Family Catastrophes: Parliamentary Discourses on Post-Separation Parenting, 1966-2003 / 198 Susan B. Boyd and Claire F.L. Young 8 Child-Centred Advocacy and the Invisibility of Women in Poverty Discourse and Social Policy / 229 Wanda Wiegers 9 Challenging Heteronormativity? Reaction and Resistance to the Legal Recognition of Same-Sex Partnerships / 262 Claire F.L. Young and Susan B. Boyd Contributors / 291 Index / 293 00front.qxd 9/5/2007 8:58 PM Page vii Acknowledgments This book grew out of a series of conversations between Dorothy Chunn and Susan Boyd about the lack of any empirical ground for what seemed to be an increasing resistance to, and negative portrayal of, feminism. These conversations — which took place while we walked Vancouver’s Stanley Park seawall during the mid-1990s — in turn generated a Social Sciences and Humanities Research Council (SSHRC) project, which was funded by the Women and Social Change Strategic Grants Program. We are deeply thankful for the latter program and the funds it provided, without which we could not have started, much less completed, the project. Indeed, the subsequent cancellation of the program reinforced our sense of a deep- ening climate of public disaffection towards feminism and, perhaps iron- ically, solidiWed our conviction that our project’s focus on reaction and resistance to feminism, law, and social change was urgently needed. Near the end of the project, we held a workshop on “Feminism, Law, and Social Change: (Re)Action and Resistance” at the Peter Wall Institute for Advanced Studies at the University of British Columbia (UBC) on 7-8 May 2004. This workshop was supported by funding from the SSHRC project, the Peter Wall Institute for Advanced Studies (UBC), the Centre for Fem- inist Legal Studies (UBC), the OfWce of the Vice President (UBC), and the Feminist Institute for Studies on Law and Society at Simon Fraser Uni- versity. We are grateful to all of our funders for the opportunity to broaden the scope of our investigation of reaction and resistance to feminist- inspired law reform and to invite a wider range of scholars to contribute to this book. The original SSHRC project’s principal investigator, Dorothy Chunn, and its co-investigators, Susan Boyd, Hester Lessard, Robert Men- zies, and Claire Young, are also authors of chapters in the collection. The contributors to the collection represent a range of disciplinary and substantive interests but share a commitment to the analysis of law and society from feminist perspectives. All conceptualize law as a gendering practice, which varies depending on key factors such as race, class, sex- ual orientation, and disability. Collectively, we bring an interdisciplinary, 00front.qxd 9/5/2007 8:58 PM Page viii viii Acknowledgments historically informed approach to the analysis of feminism, law, and social change. While our respective chapters do not, indeed could not, deal with the complete range of issues that feminists have addressed, they instead pro- vide exemplars, and we have attempted to build on and expand the exist- ing work with the aim of synthesizing knowledge about the dynamics and impact of feminist (and other) social movements, especially in Canada. Although a separate study of reaction and resistance to feminism in Québec is certainly needed, some of our chapters do address discourses emanating from Québec. Many people have assisted us in bringing the book to completion. We thank Randy Schmidt of UBC Press for his sage advice and for steering the manuscript through the various steps in the publication process, and Wes Pue, editor of the now very substantial Law and Society series of which this book is a part. Our anonymous referees took considerable care to give us valuable feedback, which we have tried to respect in making our revi- sions. Over the years, many amazing research assistants have assisted us, including Angela Cameron, Emma Cunliffe, Renée Hoggard, Fiona Kelly, Krista Robson, Chantal Faucher, Diana Young, Olga Sanmiguel, Nikki Gersh- bain, and Keltie Mann. Special thanks are due to Shauna Labman, who assisted us with our proofreading, and to Stacy Belden, Sarah Munro, and Darcy Cullen for their editorial work. Finally, we thank our partners, fam- ilies, and friends for their patience, encouragement, and support during the years we laboured on this project. 00front.qxd 9/5/2007 8:58 PM Page ix Reaction and Resistance 00front.qxd 9/5/2007 8:58 PM Page x 00front.qxd 9/5/2007 8:58 PM Page 1 1 Feminism, Law, and Social Change: An Overview Dorothy E. Chunn, Susan B. Boyd, and Hester Lessard Legal strategies were central to the women’s movement and other social movements that began “organizing for change” in western democracies during the 1960s (Adamson, Briskin, and McPhail 1988). Since then, Canad- ian feminists have achieved a considerable reputation worldwide for hav- ing set in motion processes that ultimately effected “progressive” social change in their country. They challenged the paternalism of welfare state law, policy, and language and made the personal political in the realms of physical and sexual assault, sexual harassment, and domestic labour. During the early 1980s, feminists played a key role in entrenching strong sex equality guarantees in the Canadian Charter of Rights and Freedoms. Subsequently, they have pushed the limits of these guarantees in a manner that surpasses the jurisprudence in most other countries. Feminism may never have been “fashionable” (Coward 1999, 105), but it has produced some signiWcant results. While their assessments of the impact of reforms vary, many contem- porary feminists share a fear that legal and policy reforms that have been achieved through signiWcant struggle are in danger. Women are “running hard to stand still” (Mossman 1994; Smart 1986) or even losing ground that has been hard won (Boyd 1997; Cossman and Fudge 2002). Moreover, the reforms have not beneWted all women equally – their impact has var- ied depending on a woman’s race, class, (dis)ability, or age. It seems clear, therefore, that feminists who want to maintain and build on past achieve- ments in the face of concerted opposition must confront challenges to, and critiques of, the women’s movement as well as broader political and economic forces such as neo-conservatism and neo-liberalism.
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