Reassessing the Feminist Theoretical Project in Law

Abstract

This article seeks to address the current state of theoretical debate within feminist legal studies in the United Kingdom and beyond. It is part map, part critique of dominant theoretical trends -an attempt to identify and explore a range of questions about feminist scholarly engagement in law, including the relationship between academic feminism and political activism, the distinction (if any) betweeǹ feminist' analyses and broader engagements with law and gender, and the normative underpinnings of feminist legal scholarship. The author makes no pretence to neutrality on these issues, questioning the perceived`drift' between political and academic feminism, and arguing strongly for the recognition and realization of feminism's normative and transformative aspirations. Similarly, she challenges the emergence of an`anti-essentialist' norm in feminist discourse, and reaffirms the value of`women-centred' feminist approaches. Finally, this article is also a personal venture, a`stock-taking' exercise which seeks to interrogate the author's own understanding of what feminist legal work entails.

Access to a career in the legal profession in England and Wales

“…As Fox et al (2012) explain, ''Race' in this sense is not an essential trait… but rather the socially constructed contingent outcome of processes and practices of exclusion. It is the valorised language through which structured inequalities (measured in labour market position, differential access to scarce resources, legal status, and cultural stereotypes) are expressed, maintained and reproduced… We opt for a single racialization optique that accommodates both its colourful and cultural dimensions (Kushner, 2005: 208-9)' Although alive to the risk of compounding an already essentialist dialogue within the profession, our use of strategic essentialism, advocated by Spivak (1988;Spivak and Rooney, 1994), is intended to give voice to our participanresponts' experiences of the legal profession rather than to compound the stereotypes that they often face (Conaghan, 2000;Fuss, 1994). Indeed, the fact that there are BAME lawyers within a range of class categories in the UK, and within different sectors and at different levels of the profession assists to reproduce the status quo, as it lends legitimacy to the contention that social stratification is associated with objective rather than constructed modes of classification (Bourdieu, 1996: 272-3;Bourdieu, 1973: 97-99).…”

Women’s equality in Northern Ireland’s transition: intersectionality in theory and place

“…The theory under construction prepares the way for this approach. Throughout, I bear in mind Conaghan's (2000) feminist challenge that the critical testing ground of theory is not simply internal coherence but ''an ability to deliver''. 16 Further research on women's equality is needed as well as a policy framework to ensure that the intersectional equality provisions in the s.75 legislation practically impact upon the lives of the most 16 Conaghan, 2000, pp.…”

“…Also pivotal are Conaghan's (2000) insights into how gender is both ''ignored and enshrined'' in legal theory and discourse and has specific real world impacts that disadvantage women in general. Conaghan's point that the significance of gender is not ''practically diminished by its relative invisibility'' leads her to argue for the creation of ''new knowledges which have the capacity both to liberate women ... and subvert the hegemonic power of men'' (ibid.…”

Feminist Jurisprudence: Keeping the Subject Alive

“…Certain recent feminist jurisprudence has called for a recognition of the normative and transformative aspirations of feminism, challenging the emergence of an 'anti-essentialist' norm in feminist discourse which has been evident over the last decade or so (Benhabib, 1992;Marshall, 1994;West, 1997West, , 2003Nussbaum, 1999a;Barron, 2000;Conaghan, 2000;MacKinnon, 2000MacKinnon, , 2005. For example, feminist scholarship has been expressed as being instilled with normative ideas and originating from normative preoccupations: ''its history, focus, concepts, methodologies, political and intellectual objectives, are all imbibed with an overriding sense of wrongness, of violation, exploitation and repression, of silenced and excluded Others'' (Conaghan, 2000, p. 375).…”

“…Some argue that problems are created for such projects by the postmodern deconstruction of the subject. For example, although queries are raised as to how people can be free to pursue their normative aspirations if they are not unified, rational, self-present subjects (which has been described as the liberal subject) but products of discourse (described as the postmodern 'subject'), it has been argued that there is still room for the postmodern subject and normativity (Sevenhuijsen, 1998;Conaghan, 2000). However, as will be explained, it has not been clearly and convincingly argued how.…”