Misfits: a Feminist Materialist Disability Concept
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Family Law by the Numbers: the Story That Casebooks Tell
SJ Quinney College of Law, University of Utah Utah Law Digital Commons Utah Law Faculty Scholarship Utah Law Scholarship 12-2020 Family Law by the Numbers: The Story That Casebooks Tell Laura T. Kessler Follow this and additional works at: https://dc.law.utah.edu/scholarship Part of the Family Law Commons Draft 11/9/20 forthcoming 62 Ariz. L. Rev. 903 (2020) All rights reserved FAMILY LAW BY THE NUMBERS: THE STORY THAT CASEBOOKS TELL Laura T. Kessler* This Article presents the findings of a content analysis of 86 family law casebooks published in the United States from 1960 to 2019. Its purpose is to critically assess the discipline of family law with the aim of informing our understandings of family law’s history and exposing its ideological foundations and consequences. Although legal thinkers have written several intellectual histories of family law, this is the first quantitative look at the field. The study finds that coverage of marriage and divorce in family law casebooks has decreased by almost half relative to other topics since the 1960s. In contrast, pages dedicated to child custody and child support have increased, more than doubling their relative share. At the same time, the boundaries of family law appear to remain quite stubborn. Notwithstanding sustained efforts by family law scholars and educators to restructure the field of family law so that it considers additional domains of law affecting families (such as tax, business, employment, health, immigration, and government benefits), the core of the academic field of family law has remained relatively static in the past 60 years. -
September 26, 2018 Senate Majority
September 26, 2018 Senate Majority Leader Mitch McConnell Senate Majority Whip John Cornyn Senate Judiciary Committee Chair Chuck Grassley Dear Senators, We write as law professors who have significant experience teaching, researching, and writing about issues of gender violence and representing gender violence survivors in family, civil, and criminal courts. We write to express our profound concern about the process for evaluating the allegations of Judge Kavanaugh’s sexual misconduct, especially in light of the recently emerging claims. The Senate should seek to review all available evidence, including witness testimony relating to all of the allegations raised, in order to evaluate both the competing accounts of underlying events and the nominee’s reflection on those accounts. The allegations should be fully and sensitively investigated by experts who are trained in trauma-informed interviewing techniques before the hearing is held. In this instance, as Dr. Ford has requested, the investigation should be performed by the FBI. There should be no rush in undertaking this important task. All those concerned both with the gravity of the allegations and the integrity of the Court and our systems of governance should prioritize investigation over politics. Particularly given the most recent information about additional allegations, it is incumbent upon the Committee to extend or continue the hearings and a final vote until a thorough investigation of all allegations is completed. The Senate’s approach to the allegations raised by Dr. Christine Blasey Ford, Deborah Ramirez, and now, Julie Swetnick, is deeply troubling. Public statements prejudging the credibility of witnesses and the outcome of the proceedings reflect the very type of biases that have no place in any investigation and that run counter to the purpose of these hearings. -
Vulnerability and Inevitable Inequality Martha Albertson Fineman 1
Vulnerability and Inevitable Inequality Martha Albertson Fineman 1. Introduction My work over the past several decades has grappled with the limitations of equality. This struggle has resulted in the development of a legal paradigm that brings vulnerability and dependency, as well as social institutions and relationships, together into an analysis of state responsibility. This analysis goes well beyond concern with formal equality and impermissible discrimination. What follows is an account of the development of a theory based on human vulnerability in which the state is theorized as the legitimate governing entity and is tasked with a responsibility to establish and monitor social institutions and relationships that facilitate the acquisition of individual and social resilience. The theory is based on a descriptive account of the human condition as one of universal and continuous vulnerability. The Anglo-American liberal legal imagination often obscures or overlooks this reality.1 The potential normative implications of the theory are found in the assertion that state policy and law should be responsive to human vulnerability. However, the call for a responsive state does not dictate the form responses should take, only that they reflect the reality of human vulnerability. Thus, this approach to law and policy allows for the adaptation of solutions appropriate to differing legal structures and political cultures. 1 Electronic copy available at: https://ssrn.com/abstract=3087441 Vulnerability theory provides a template with which to refocus critical attention, raising new questions and challenging established assumptions about individual and state responsibility and the role of law, as well as allowing us to address social relationships of inevitable inequality. -
A Philosophy of Rebellion: Anarchism in Literature and Film
American University in Cairo AUC Knowledge Fountain Theses and Dissertations 6-1-2016 A philosophy of rebellion: Anarchism in literature and film Menna ElDawi Zein Follow this and additional works at: https://fount.aucegypt.edu/etds Recommended Citation APA Citation ElDawi Zein, M. (2016).A philosophy of rebellion: Anarchism in literature and film [Master’s thesis, the American University in Cairo]. AUC Knowledge Fountain. https://fount.aucegypt.edu/etds/288 MLA Citation ElDawi Zein, Menna. A philosophy of rebellion: Anarchism in literature and film. 2016. American University in Cairo, Master's thesis. AUC Knowledge Fountain. https://fount.aucegypt.edu/etds/288 This Thesis is brought to you for free and open access by AUC Knowledge Fountain. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of AUC Knowledge Fountain. For more information, please contact [email protected]. The American University in Cairo School of Humanities and Social Sciences A Philosophy of Rebellion: Anarchism in Literature and Film A Thesis Submitted to The Department of English and Comparative Literature In Partial Fulfillment of the Requirements For the Degree of Master of Arts Menna El Dawi Zein Under the supervision of Dr. William Melaney May 2016 The American University in Cairo A Philosophy of Rebellion: Anarchism in Literature and Film A Thesis Submitted by Menna El Dawi Zein To the Department of English and Comparative Literature May 2016 In partial fulfillment of the requirements for The degree of Master of Arts Has been approved by Dr. William Melaney Thesis Committee Advisor____________________________________________ Affiliation_________________________________________________________ Dr. Ferial Ghazoul Thesis Committee Reader____________________________________________ Affiliation_________________________________________________________ Dr. -
Encounters with Vulnerability
Encounters with Vulnerability: The victim, the fragile, the monster, the queer, the abject, the nomadic, the feminine, the shameful, and the rest … Conference Proceedings Review by Nayeli Urquiza Haas and Arturo Sánchez García PECANS Interdisciplinary workshop for postgraduates and early career academics in the area of law, gender and sexu- ality (Nov 22nd, 23rd 2013 at Newcastle University) The concept of vulnerability is receiving increasing attention in dialogues about the representation of the body in feminist theory, embodiment in phenomenol- ogy, in ideas of relationality in affect theories, and imaginaries of governance for law and rights, among others. There are synergies in those that might derive from a common interest in evoking the figure of wounding or ‘vulnus’ in Latin and the ethical and political possibilities it enables: the metaphor of the open body and the experience of pain that it references radical openness of embodied experi- ences (Turner 2006). As an ontological and political concept, the notion of vul- nerability discloses the limits of humanist philosophies. Typically the anthropo- centric idea of ‘human’ in – Western liberal politics – have produced a fiction of disembodied subjectivity that has imposed itself as the measure for everyone. The ‘vulnerable subject’ holds a hope for the reconciliation of embodied subjectivity in representation, regulation, and normalisation (Fineman 2008). In those terms, in this workshop we were urged to re-think and re-encounter the different forms of relating to ourselves and others. There are caveats in the powerful concept of vul- nerability. One of them is an ubiquity (Murphy 2012) that enables a heuristic that reveals, among other things, the ambivalent potential in human and non-human Graduate Journal of Social Science February 2015, Vol. -
Care Ethics and Natural Law Theory: Toward an Institutional Political Theory of Caring Author(S): Daniel Engster Source: the Journal of Politics, Vol
Care Ethics and Natural Law Theory: Toward an Institutional Political Theory of Caring Author(s): Daniel Engster Source: The Journal of Politics, Vol. 66, No. 1 (Feb., 2004), pp. 113-135 Published by: The University of Chicago Press on behalf of the Southern Political Science Association Stable URL: http://www.jstor.org/stable/10.1046/j.1468-2508.2004.00144.x Accessed: 12-11-2016 19:50 UTC JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at http://about.jstor.org/terms Southern Political Science Association, The University of Chicago Press are collaborating with JSTOR to digitize, preserve and extend access to The Journal of Politics This content downloaded from 128.104.46.196 on Sat, 12 Nov 2016 19:50:57 UTC All use subject to http://about.jstor.org/terms Care Ethics and Natural Law Theory: Toward an Institutional Political Theory of Caring Daniel Engster University of Texas at San Antonio Feminist care ethics have generally been considered too particular and situational to provide the basis for an institutional political theory. In recent years, however, a number of feminist authors have demonstrated care ethics’ applicability to general moral and political problems. Yet they have not yet developed an institutionally based caring political theory. -
Feminist Ethics and Everyday Inequalities Author(S): Samantha Brennan Source: Hypatia, Vol
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by ZENODO Hypatia, Inc. Feminist Ethics and Everyday Inequalities Author(s): Samantha Brennan Source: Hypatia, Vol. 24, No. 1, Oppression and Moral Agency: Essays in Honor of Claudia Card (Winter, 2009), pp. 141-159 Published by: Wiley on behalf of Hypatia, Inc. Stable URL: http://www.jstor.org/stable/20618125 Accessed: 03-10-2017 20:27 UTC JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at http://about.jstor.org/terms Hypatia, Inc., Wiley are collaborating with JSTOR to digitize, preserve and extend access to Hypatia This content downloaded from 129.100.58.76 on Tue, 03 Oct 2017 20:27:16 UTC All use subject to http://about.jstor.org/terms Feminist Ethics and Everyday Inequalities SAMANTHA BRENNAN How should feminist philosophers regard the inequalities that structure the lives of women? Some of these inequalities are trivial and others are not; together they form a framework of unequal treatment that shapes women's lives. This paper asks what priority we should give inequalities that affect women; it critically analyzes Claudia Card's view that feminists ought to give evils priority. Sometimes ending gender-based inequalities is the best route to eliminating gender-based evil. -
The Feminist Futures of Reading Diffractively: How Barad's Methodology Replaces Conflict-Based Readings of Beauvoir and Irigaray
Issue 30 (2016) » DOI: 10.20415/rhiz/030.e02 The Feminist Futures of Reading Diffractively: How Barad's Methodology Replaces Conflict-based Readings of Beauvoir and Irigaray Evelien Geerts and Iris van der Tuin Abstract Quantum leaps happen in texts, too. This reading of the role of the quantum leap in Karen Barad's agential realism is necessary, because arguing that the diffractive reading strategy proposed by Barad's ethico-onto-epistemology mirrors the physical phenomenon of diffraction would indeed be representationalist. Reviewing how Barad—in her own oeuvre—has transformed diffraction into an innovative reading methodology that could not only potentially challenge the epistemological underpinnings of the canonization process that is at work in feminist theory, but could also radically change the canonization practice of feminist oeuvres itself, our article embarks on a detailed examination of the ways in which the oeuvres of Simone de Beauvoir and Luce Irigaray have been mistakenly categorized and canonized in a hierarchical and Oedipalized manner. This conflict-based narrative has not only paralyzed the oeuvres of Irigaray and Beauvoir, but also has had a negative impact on the canonization of sexual difference philosophy as a whole in feminist theory. By (re)reading the oeuvres diffractively, this article brings the feminist philosophies of Beauvoir and Irigaray together by invalidating the idea that the feminist canonization process always has to run along the lines of discontinuity, Oedipalization and dialectization. Introduction: from conflict to affirmation [1][1] Most feminist theorists will have a hard time when confronted with philosopher Slavoj Žižek's recent engagements with physicist-philosopher Karen Barad's work. -
Critical Familism, Civil Society, and the Law Don Browning
Hofstra Law Review Volume 32 | Issue 1 Article 12 2003 Critical Familism, Civil Society, and the Law Don Browning Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlr Part of the Law Commons Recommended Citation Browning, Don (2003) "Critical Familism, Civil Society, and the Law," Hofstra Law Review: Vol. 32: Iss. 1, Article 12. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol32/iss1/12 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Browning: Critical Familism, Civil Society, and the Law CRITICAL FAMILISM, CIVIL SOCIETY, AND THE LAW Don Browning* Critical familism is a concept that my colleagues and I developed to summarize our thinking during the first phase of the Religion, Culture, and Family Project-a research project located at the University of Chicago that deals with the possible relevance of the Western religious traditions to contemporary family issues.' It is a summary of what we thought were the most abiding themes of that tradition-both Judaism and Christianity-as well as the best insights of contemporary human sciences such as sociology, psychology, and economics.2 It is a normative theory of family and marriage primarily intended to provide their ideals and practical strategies for family culture and civil society3 formation and marriage. Critical familism only indirectly has implications for family law. On the other hand, family law should do nothing to undermine this normative model and, in fact, do some things to support it. -
La Crítica Feminista Bajo El Prisma Del Materialismo Agencial. Un Enfoque Posthumanista
Miriam Fernández-Santiago Journal of Feminist, Gender and Women Studies 10:31-39, Marzo/March 2021 La crítica feminista bajo el prisma del materialismo agencial. Un enfoque posthumanista Agential Materialism and the Feminist Paradigm. A Posthumanist Approach Miriam Fernández-Santiago 1, @ 1English Department, University of Granada, Spain. Departamento de Filologías Inglesa y Alemana, Facultad de Filosofía y Letras. Campus Universitario de Cartuja C.P. 18071 Granada, Spain. Recibido: 21/08/2018 Aceptado: 19/02/2021 @ Autor/a de correspondencia: [email protected] Resumen El fértil campo de la crítica feminista ha producido abundantes y brillantes frutos en su desarrollo a lo largo del siglo veinte, pero es desde la ventaja que da la distancia en el tiempo que podemos ahora tomar cierta perspectiva sobre los contextos generales de producción y recepción en que dicha crítica feminista ha tomado el cuerpo de nuevos mitos que subvierten el falogocentrismo de los que la precedieron. El presente artículo pretende establecer un diálogo entre estos nuevos cuerpos discursivos (principalmente en el trabajo de Cixous, Hayles, de Bauvoir, y Haraway) y el materialism agencial de Karen Barad, utilizando su constructo crítico de “fenómeno” como instrumento para comprender las dimensiones que el paradigma feminista adquiere en el contexto posthumanista para proponer la intra-acción difractiva como alternativa a los constructos naturalizados. Palabras clave: materialismo agencial, responsabilidad, paradigma feminista, Karen Barad, post-humanismo. Abstract Much has been argued within the fertile critical field of feminism in the second half of the twentieth century. With the advantage of distance from the twenty-first century, we can now gain a certain perspective on the general context of production and reception of feminist criticism as it becomes embodied in new myths that subvert the old phallogocentric ones. -
Sex and Disability
Sex and diSability Sex and diSability RobeRt McRueR and anna Mollow, editoRs duke univerSity PreSS duRhaM and london 201 2 © 2012 Duke University Press All rights reserved Printed in the United States of America on acid-free paper ♾ Designed by Nicole Hayward Typeset in Minion Pro by Tseng Information Systems, Inc. Library of Congress Cataloging- in- Publication Data and republication acknowledgments appear on the last printed page of this book. ContentS Acknowledgments / ix Introduction / 1 AnnA Mollow And RobeRt McRueR Part i: aCCeSS 1 A Sexual Culture for Disabled People / 37 tobin SiebeRS 2 Bridging Theory and Experience: A Critical- Interpretive Ethnography of Sexuality and Disability / 54 RuSSell ShuttlewoRth 3 The Sexualized Body of the Child: Parents and the Politics of “Voluntary” Sterilization of People Labeled Intellectually Disabled / 69 Michel deSjARdinS Part ii: HiStorieS 4 Dismembering the Lynch Mob: Intersecting Narratives of Disability, Race, and Sexual Menace / 89 Michelle jARMAn 5 “That Cruel Spectacle”: The Extraordinary Body Eroticized in Lucas Malet’s The History of Sir Richard Calmady / 108 RAchel o’connell 6 Pregnant Men: Modernism, Disability, and Biofuturity / 123 MichAel dAvidSon 7 Touching Histories: Personality, Disability, and Sex in the 1930s / 145 dAvid SeRlin Part iii: SPaCeS 8 Leading with Your Head: On the Borders of Disability, Sexuality, and the Nation / 165 nicole MARkotiĆ And RobeRt McRueR 9 Normate Sex and Its Discontents / 183 Abby l. wilkeRSon 10 I’m Not the Man I Used to Be: Sex, hiv, and Cultural “Responsibility” / 208 chRiS bell Part iv: liveS 11 Golem Girl Gets Lucky / 231 RivA lehReR 12 Fingered / 256 lezlie FRye 13 Sex as “Spock”: Autism, Sexuality, and Autobiographical Narrative / 263 RAchAel GRoneR Part v: deSireS 14 Is Sex Disability? Queer Theory and the Disability Drive / 285 AnnA Mollow 15 An Excess of Sex: Sex Addiction as Disability / 313 lennARd j. -
Re(Con)Figuring the Ethico-Onto-Epistemological
Beatriz Revelles Benavente University of Utrecht, the Netherlands Re(con)figuring the ethico-onto-epistemologi- cal question of matter Karen Barad, Meeting the Universe Halfway: Quantum Physics and the Entanglement of Matter and Meaning Duke University Press: Durham, 2007, 524 + xiii pp. ISBN 978–0–8223–3917–5 Key Words: apparatus, diffractive, new materialism, methodology, quantum physics, language Meeting the Universe Halfway is in order to challenge representation- an answer to the reflective method- alism, which has, for all fields men- ology found in representationalist tioned, unwanted consequences. In scholarship which has previously so doing, Barad joins the theory of characterised not just feminist stud- new materialism, which, though still ies but social and scientific studies in the process of being constructed in general, and which presumed (see Sheridan, 2002; Colebrook, the separate ontological existence, 2008; DeLanda, 2006), is part of a however mute or devoid of agency, wider movement in critical theory of the object which is being repre- away from theories associated with sented. The author’s aim is to con- the linguistic turn. New Materialism figure a ‘diffractive methodology is an epistemological/methodologi- […] to provide a transdisciplinary cal trend which has entered the aca- approach’ (25) which cuts across demic arena not as a contestation, ‘quantum physics, science studies, but as one of the theoretical frames the philosophy of physics, feminist of third wave feminism (Van der theory, critical race theory, postco- Tuin, 2009), which postulates affir- lonial theory, (post-) Marxist theory, mative readings instead of critical and poststructuralist theory’ (25). ones of past theories. This new methodology is necessary Karen Barad is a professor of Graduate Journal of Social Sicence June 2010, Vol.