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Sovereign Invulnerability: Sexual Politics and the Ontology of Rape

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Sovereign Invulnerability: Sexual Politics and the Ontology of Rape SSStttooonnnyyy BBBrrrooooookkk UUUnnniiivvveeerrrsssiiitttyyy The official electronic file of this thesis or dissertation is maintained by the University Libraries on behalf of The Graduate School at Stony Brook University. ©©© AAAllllll RRRiiiggghhhtttsss RRReeessseeerrrvvveeeddd bbbyyy AAAuuuttthhhooorrr... Sovereign Invulnerability: Sexual Politics and the Ontology of Rape A Dissertation Presented by Jane Clare Jones to The Graduate School in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in Philosophy Stony Brook University December 2016 Copyright by Jane Clare Jones 2016 ii Stony Brook University The Graduate School Jane Clare Jones We, the dissertation committee for the above candidate for the Doctor of Philosophy degree, hereby recommend acceptance of this dissertation. Dissertation Advisor – Dr. Edward S Casey Distinguished Professor, Department of Philosophy Chairperson of Defense – Dr. Megan Craig Associate Professor, Department of Philosophy Internal Reader – Dr. Eva Kittay Distinguished Professor, Department of Philosophy External Reader – Dr. Fiona Vera-Gray Durham Law School, Durham University, UK This dissertation is accepted by the Graduate School Charles Taber Dean of the Graduate School iii Abstract of the Dissertation Sovereign Invulnerability: Sexual Politics and the Ontology of Rape by Jane Clare Jones Doctor of Philosophy in Philosophy Stony Brook University 2016 As Rebecca Whisnant has noted, notions of “national…and…bodily (especially sexual) sovereignty are routinely merged in rhetoric and metaphor.” (2008:155) Departing from this observation, this project explores the ‘existential infrastructure’ of the ‘logic of sovereign integrity’ in which personhood is thought as analogous to jurisdiction over a bounded territorial enclosure. It traces the philosophical history of this logic, and unfolds the post-Heideggerian French critique of sovereignty as an analysis of how sovereign imperatives are animated by a drive to deny the vulnerabilities of constitutive ontological relation, and are thus implicated in violent cycles of disavowal and appropriation. It then applies this analytic to the question of women’s sexuate personhood, suggesting that while sovereign invocations are an understandable response to attacks on women’s bodily self-determination, the logic of sovereign integrity is implicated in undermining the possibility of penetrable sexual subjects and in producing proprietorial notions of sexual interaction which confound our ability to successfully prosecute rape. Moreover, I argue that the imperative toward sovereign invulnerability itself issues in a drive towards appropriation, and is an animating impulse of the misogynist rage and aggrieved narcissistic entitlement that propel acts of sexual violence. Sovereign logics, that is, both undermine women’s sexuate personhood and are implicated in generating the acts of violent appropriation they are frequently deployed to resist. iv ‘Perseus with the Head of Medusa’ by Benvenuto Cellini (1545) v Table of Contents Section I - Introduction Prologue…………………………………………………………………………………xi Introduction…………………………………………………………………………….1 Outline of Chapters…………………………………………………..………………….35 Some Methodological Considerations………………………………….……………..40 The Analytic of Productive Power, Antinormativity and the Effacement of Harm……...41 I: Feminist Normativity a) Governance Feminism and Janet Halley’s ‘Queer Thought’.………………………..48 b) Carceral Feminism…………………………………………………………………...54 II: Discursive Constitutions a) Producing the Victim…………………………………………………………………59 b) Producing Harm……………………………………………………………………...65 c) Producing Gender…………………………………………………………………….70 Interlude on (an) Ontological Confusion………………………………………………..75 For Shame……………………………………………………………………………….78 Naming the Problem……………………………………………………………………..87 Section II - Groundwork Chapter 1: Figuring Sovereign Integrity History and Concept…………………………………………………………………….96 ‘Ipseity in general’………………………………………………………………………99 A Sketch of Six Figures.………………………………………………………………..109 vi i) Being…………………………………………………………………………..111 ii) Idea……………………………………………………………………………117 iii) Father (and Son)..……………………………………………………………..121 iv) Cogito………………………………………………………………………….129 v) Property (and Persons)………………………………………………………..133 vi) Jurisdiction…………………………………………………………………….141 Chapter 2: The Imperative of Sovereign Invulnerability The Aporetics of Ipseity………………………………………………………………..150 The Unscathed…………………………………………………………………………159 Violence and Metaphysics……………………………………………………………..170 Section III - Argument Chapter 3: On the Possibility of Penetrable Being The Metaphysics of Sex………………………………………………………………..178 Objections to Objectification…………………………………………………………..181 Objectification and Instrumentalization……………………………………………….187 Being (as) an end in itself, or, is there life left in the Kantian subject? ………………192 Injury by Unpersonning………………………………………………………………..197 Against the ‘discourse of male truth’…………………………………………………..200 Contract and Consent………………………………………………………………….206 Chapter 4: The Dilemma of Desire Rape Culture: A ‘Natural’ History of Rape……………………………………………222 The Investor Gene……………………………………………………………………...230 ‘Existential Infrastructure: De Beauvoir and Sovereign Transcendence……………...235 vii The Absolute Other: Recognition as Resource…………………………………………242 The Dilemma of Desire…………………………………………………………………254 Chapter 5: Spec(tac)ular Rage The Female of the Species..…………………………………………………………….264 The Rape of Europe…………………………………………………………………….270 The Nice Guy.…………………………………………………………………………..275 The Anguish of Possession……………………………………………………………..279 Entitlement and Invulnerability..……………………………………………………….283 Paradise Lost..………………………………………………………………………….290 The Culture of Narcissism..…………………………………………………………….295 Chapter 6: Narcissism and Rape: Two Tales of a Culture Paradise Lost? …………………………………………………………………………303 The Culture of Narcissism..…………………………………………………………….313 Masculinity, Narcissism and Rape.…………………………………………………….316 Rape, Sex, Power.………………………………………………………………………329 Appendix I: The Existence of Rape Culture………………………………………...333 Appendix II: Scientific Disputations of Thornhill and Palmer’s Theory………….351 Bibliography/References.……………………………………………………………..353 viii Table of Figures Figure 1: ‘The Armada Portrait’ by George Gower (1588)……………………………xiii Figure 2: Detail of ‘Susanna and the Elders’ by Alessandro Allori (1561)……………..68 Figure 3: Detail of ‘Susanna and the Elders’ by Artemisia Gentileschi (1610)…………69 Figure 4: Table of Types of Jurisdiction……………………………………………….142 Figure 5: The Confluence Model of Sexual Aggression……………………………….318 Figure 6: The Relation of Sovereign Invulnerability to Rape …………………………326 ix SECTION I x Prologue On March 25, 1584, the day of the Feast of the Annunciation, Elizabeth I, the ‘Virgin Queen,’ issued Sir Walter Ralegh1 with ‘Letters Patent’ granting him “free liberty and license” to “discover…have holde occupy and enjoye” the “remote heathen and bar- barous lands” of the New World. In April that year Ralegh dispatched a reconnaissance mission which made landfall on Roanoke Island, now in North Carolina, in early July. The successful return of the first expedition encouraged Ralegh to press forward with his imperial ambitions, and in 1585 the first, ill-fated, colony was established on the north end of the island. That year, Elizabeth issued a seal for Ralegh proclaiming him ‘Lord and Governor of Virginia.’ The first English ‘plantation’ of the New World had been named in tribute to the Queen’s incarnation of the motherland’s inviolate body politic. While the naming of Virginia could doubtless be read as mere flattery of a monarch, the events of this historical vignette are embedded in a web of poetic, painterly and political performance in which early modern ideas of sovereignty and statehood, and the inter- twining of imperial and erotic desires, are mapped out on the bodies of women. When Elizabeth delivered her celebrated speech at Tilbury in August 1588, she roused the ground troops amassing to repel the Spanish Armada by disavowing her corporeal body – but that of a “weak and feeble woman” – and laying claim to “the heart and stomach of a king.” Mobilizing the imagery of sovereign virtue through which “the integrity of the queen’s body became a symbol for the integrity of her realm” (Loades 2006:305-306), Elizabeth poured “foul scorn” on “any prince of Europe” who “should dare to invade the 1 While the popular spelling of the name is Raleigh, the academic convention is Ralegh (itself a standardization of no doubt erratic Elizabethan rendering) and I have followed this. xi borders” of her lands, swearing that “rather than any dishonour shall grow by me…I myself will be your general…and rewarder of …your virtues in the field.” In the ‘Armada portrait’ completed later that year, Elizabeth’s hand rests on a globe of the world – the palm placed across the Americas almost the only flesh to escape from an exoskeleton of stiff, pearl-encrusted fabric. The painting exemplifies, Susan Doran notes, the “effectiveness in turning Elizabeth’s virginal body into an icon of sovereignty and imperial power,” the unnatural geometry and flatness of the Queen’s likeness suggesting that “her body is…intended to stand for the state rather than its human ruler,” and thereby “expressing visually the…metaphor of the King’s Two Bodies.” (Doran 2003:188) As documented by Kantorowicz’s famous study, the “mystic fiction” (Kantorowicz 1997/1957:3) of the King’s Two Bodies was most prominently delineated by jurists in the early years
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