Search Results (9)

This article analyses the search strategies of first families in Bolivia contesting the separation of their children through transnational adoption. These first parents’ claims to visibility and acknowledgement have remained largely ignored by adoption policy and scholarship, historically privileging the perspectives of actors in adoptive countries, such as adoptive parents and adoption professionals. Filling in this gap, we discuss the search strategies employed by first families in Bolivia who desire a reunion with their child. Drawing on Gayatri Chakravorty Spivak’s feminist postcolonial theory, we analyse ethnographic fieldwork with fourteen first families in Bolivia. We read how the agency of first parents, severely limited by the loss of legal rights through the adoption system, is caught in a double bind of dependency and possibility. While hegemonic adoption discourse portrays first parents as passive and consenting to the adoption system, the results of our study complicate this picture. Moreover, we argue that the search activity of the first parents can be read as a claim and request to revise and negotiate their consent to transnational adoption. Ultimately, we read first parents’ search efforts as resistance to the closed nature of the adoption system, which restricts them in their search for their children. Full article

This work, situated within the Spanish legal context, presents a reflection upon the need to apply and interpret the law bearing in mind the mandate of the gender perspective contained in national and international legislation. In spite of the significant advances, in questions of gender equality, evidenced by the Spanish legal system in recent decades, these have not led to real, effective equality. In the spheres of both private and public law, this task should be prioritised and undertaken in transversal fashion by all legal operators, judges in particular. Without this commitment, the guarantee of women’s human rights will continue to be hindered by the shortcomings of an androcentric legal culture that perpetuates structural discrimination against women. Full article

The U.S. Supreme Court’s reversal of Roe v. Wade in its Dobbs decision in June 2022 came as a shock. Yet, upon reflection, the decision simply reinforced what history has shown: women’s rights and opportunities have always been subject to controls, fluctuations, and specious rationales. Dobbs is one in a long line of legal edicts in the U.S. and elsewhere that either allow or curtail and control female agency, including reproductive agency. The decision’s devastating consequences for U.S. women’s reproductive lives are damaging enough, but they are only part of the story. In addition to its hobbling effects on reproductive rights and justice, the Dobbs decision goes hand in hand with the underlying causes of today’s unparalleled environmental emergency. This article argues, through ecofeminist theory and feminist and Native American climate fiction, that Dobbs is a catalyst for understanding the role of patriarchy—as a particularly insidious form of androcentrism—in the destruction of our planet. Evidence is mounting to support claims made by ecofeminists since the 1970s: patriarchy and resulting masculinist values have been foundational to the extractive and exploitative attitudes and practices regarding marginalized peoples, colonized lands, and racialized entitlements to natural resources that have endangered the earth’s biosystems. Full article

This study aims to shed new light on the sex industry by questioning the lack of government assistance for female sex workers during the COVID-19 pandemic and looking at their rights from a feminist perspective. The study employed the conflict theory to understand the manifestation of sex work as a profession and its associated drivers. It used a phenomenological approach to understand the lived experiences of sex workers in their own words. A sample of 11 female commercial sex workers operating in the towns of the uMhlathuze Local Municipality, South Africa, was interviewed. The study found that assistance from government and non-government organisations was available. Still, sex workers had no access to it due to their occupation falling outside the legal beneficiary framework. During the pandemic, the criminalisation of commercial sex work exacerbated poverty, inequality, and socio-economic desperation among those in the profession. The study recommends that government strengthens resources to support sex workers and introduce safety net programs to restore livelihoods and dignity in criminalised settings. Various interventions are required to change the legal framework regarding sex work and view the profession from a legalised, regulated and as valid occupation. Full article

Legal feminist theories have troubled dominant conceptions of statehood, revealing the threat of the ‘Other’ as integral to the hegemonic masculinity of powerful states. In this paper I provide a critical gendered discourse analysis of the UN Security Council’s response to the Islamic State of Iraq and Syria (ISIL). I consider the role of personification in constituting legal subjects as states (persons) and excavate this from the Council’s resolutions concerning Iraq. In constituting ISIL as a barbaric, hypermasculine terror group in relational opposition to the state of Iraq, the Council draws on gendered normativities ordinarily veiled by seemingly objective legal criteria as to the creation of states. Whilst the state of Iraq is constituted through the hegemonic model of statehood, one premised upon democratic, liberal Westphalian ideals, it is still subject to the paternalism of the Security Council. In this way, the state of Iraq is framed as failing to reach a particular masculine standard of statehood, and is thus subject to the continuation of ‘civilising’ discourses. Thus, instead of asking whether ISIL is or is not a state under international law, it is revealing to consider how responses to it work to maintain and (re)produce a graded, hierarchical international community of states. Full article

This editorial takes the form of a short postscript to a special issue of Laws published in 2019–20. It shows how feminist legal theory (FLT), a corollary of second wave feminism, was initially embraced by law schools but soon subjected to a backlash. FLT was nevertheless able to turn around the negative discourse of post-feminism to show that the “post” can mean not just the end but a new beginning. The Special Issue attests to the resurgence of FLT in the 21st century. Full article

The legal conception and interpretation of the subject of law have long been challenged by different theoretical backgrounds: from the feminist critiques of the patriarchal nature of law and its subjects to the Marxist critiques of its capitalist ideological nature and the anti-racist critiques of its colonial nature. These perspectives are, in turn, challenged by anarchist, queer, and crip conceptions that, while compelling a critical return to the subject, the structure and the law also serve as an inspiration for arguments that deplete the structures and render them hostages of the sovereignty of the subject’ self-fiction. Identity Wars (a possible epithet for this political and epistemological battle to establish meaning through which power is exercised) have, for their part, been challenged by a renewed axiological consensus, here introduced by posthuman critical theory: species hierarchy and anthropocentric exceptionalism. As concepts and matter, questioning human exceptionalism has created new legal issues: from ecosexual weddings with the sea, the sun, or a horse; to human rights of animals; to granting legal personhood to nature; to human rights of machines, inter alia the right to (or not to) consent. Part of a wider movement on legal theory, which extends the notion of legal subjectivity to non-human agents, the subject is increasingly in trouble. From Science Fiction to hyperrealist materialism, this paper intends to signal some of the normative problems introduced, firstly, by the sovereignty of the subject’s self-fiction; and, secondly, by the anthropomorphization of high-tech robotics. Full article

Participation of women-owned small and medium-sized enterprises (SMEs) in international trade is gaining more importance in the transformation of institutional changes. Although women entrepreneurs contribute to the social and economic development, the role of social, cultural, and legal institutions in fostering women entrepreneurship is still debatable. This argument remains controversial as there is no single theory that has explained the phenomenon of women-owned firms in international trade. Because of the missing link between gender sensitivity and the existing theories of entrepreneurship and internationalization, there is a significant research gap. To fill up this research gap, this study revisited existing theories from three research domains: feminism, entrepreneurship, and internationalization. Factors derived from revisiting theories of entrepreneurship and internationalization were evaluated based on findings from the review of the feminist theories. Finally, key parameters were selected to assess the internationalization of women-owned SMEs, which require future empirical investigation. Full article

This paper initially examines the historical precedents established by some of the first women who entered the “gentleman’s profession” of law in different jurisdictions, as well as the biographical patterns that shaped some women’s ambitions to enter the legal professions. The paper then uses feminist methods and theories to interpret “puzzles that remain unsolved” about early women lawyers, focusing especially on two issues. One puzzle is the repeated claims on the part of many of these early women lawyers that they were “lawyers”, and not “women lawyers”, even as they experienced exclusionary practices and discrimination on the part of male lawyers and judges—a puzzle that suggests how professional culture required women lawyers to conform to existing patterns in order to succeed. A second puzzle relates to the public voices of early women lawyers, which tended to suppress disappointments, difficulties and discriminatory practices. In this context, feminist theories suggest a need to be attentive to the “silences” in women’s stories, including the stories of the lives of early women lawyers. Moreover, these insights may have continuing relevance for contemporary women lawyers because it is at least arguable that, while there have been changes in women’s experiences, there has been very little transformation in their work status in relation to men. Full article