Why does #RepealedThe8th matter for feminist legal studies? The answers seem obvious in one sense. Feminism has long constituted itself through the struggle for sexual and reproductive justice, and Irish feminism has contributed a significant 'legal win' with the landslide vote of approval for lifting abortion restrictions in the referendum on the 25th May 2018. That win comes at a global moment when populist legal engagement is doing significant damage in countries that regard themselves as world leaders, and beyond. #RepealedThe8th offers Ireland, and the world, the actuality that the popular vote, and everything that contributes to it, could be something else. Repeal shows how legal tools like the vote may be made into an expression of care for reproductive lives. This expression is important in recognizing pregnant people as knowing agents who are best placed to decide, and in seeking to do justice to those who contribute to everyday reproductive life. But repeal, like the many who brought it into being, has multiple meanings. #RepealedThe8th matters because it is a moving process of sociolegal translation, which draws on a collective energy, 'repeal energy', to turn the travesty that was the Eighth Amendment and all it represents into a search for the rest of reproductive life. In opening up the meaning of the vote, much like feminists elsewhere have opened up the meaning of the strike, Irish feminists have turned public mourning over past mistreatment into a series of reproductive connections. This is not a strategy that can be rolled out. Figuring out #RepealedThe8th will take many tellings. Rather we need to give repeal, and repealers, room to breathe and rest. We need to feel our way through repeal's production of legal change so that this success is not reduced to some generic transferable set of legal instructions. I begin by reflecting on repeal as a process of feminist socio-legal translation, which shows us how legal change comes about through the motivation of collective joy, the mourning of damaged and lost lives, the sharing of legal knowledge, and the claiming of the rest of reproductive life.
The Republic of Ireland has become infamous for its legal stance against abortion, especially since it went as far as stopping, albeit temporarily, a young rape victim from travelling abroad for an abortion in 1992. I argue that one of the rationales behind anti‐abortion law is a post‐colonial urge to mark Irishness distinctively by constructing it in exclusively ‘pro‐life’ terms. I discuss examples of how Irish colonial experiences have been used to justify the effort to keep Ireland abortion‐free, and to resist that effort. Representations of colonial history in the context of Irish abortion law and politics have changed over time and between groups. Such changes indicate a need for post‐colonial critique to account for the fragmentation of colonialism as it is displaced, a need which the conceptualization of post‐coloniality as a historical object can address.
This article considers the forces which act to prevent women in Ireland from speaking about their experiences of abortion. It considers the various forms such silencing can take and the complexity of feelings and circumstance which women who have had abortions are subject to. In so doing it raises important questions about the way public debate about abortion between pro-choice and pro-life arguments — couched in terms of rights — acts to further silence women. Finally, the article calls for the creation of a new public and intellectual space in which the complexities of the issues can be realized. A new public space such as this could then facilitate the enactment of permissive legislation which in turn could enable women to decide the best pregnancy option available for them at any particular moment in their lives.
Significant developments in medical research and technology have meant that the process of reproduction is increasingly affected by the consumption of a variety of services and goods. Individuals intervene in their own reproductive processes as they eat particular foods, take particular drugs and avail themselves of diagnostic and reproductive services. Although such developments have been analysed by feminists in terms of their ethical consequences or their contribution to the commodification of reproduction, they have not been evaluated in terms of their contribution to reproductive consumption. This article argues that we can avoid the reductiveness of critiques of commodified reproduction by developing a conceptual framework of reproductive consumption. Thinking through reproductive consumption also enables feminist analysis to expand our understanding of the gendered aspects of consumption. Most feminist work on consumption practices has focused on the domestic sphere as a site of consumption or on the role of sex and sexuality in promoting consumption. This article's analysis of reproductive consumption adds to this work by revealing ways in which biological reproduction itself is a site of consuming desires and needs, and is permeated by socio-economic forces. In developing a theoretical framework for analysing reproductive consumption, this article argues that consumption produces adaptive value as an object of exchange is acquired and adapted in order to satisfy some need or desire. In making this argument I draw on O'Brien, who argued that reproduction produces syntheticvalue by synthesizing reason and nature in bringing another human being into the world. In doing so she used Marx's method of extracting the concept of commodity value from capitalist exchange relations. Similarly, I analyse the relations of consumption in order to distil a value that is specific to consumption. Reproductive consumption identifies the reproductive consumer as someone who adapts objects of consumption to her own reproductive needs and desires as she negotiates her reproductive nature. Thinking about reproduction and consumption in terms of each other helps us to identify how reproduction is brought about through a taste for particular goods and services, and how consumption works through the reproductive, as well as the sexual, body.
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