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Showing posts with label anti-feminism. Show all posts
Showing posts with label anti-feminism. Show all posts

Sunday, July 22, 2012

Feminist political theory- Liberal,Socialist,Marxist,Radical,Post-modernist


“Feminism is an awareness of patriarchal control, exploitation and oppression at the material and ideological levels of women’s labour, fertility and sexuality, in the family, at the place of work and in society in general, and conscious action by women and men to transform the present situation” (Bhasin and Khan, 1999: 3). It is a struggle to achieve equality, dignity, rights, freedom for women to control their lives and bodies both within home and outside. As a cross cutting ideology feminists have different political positions and therefore address a range of issues such as female suffrage, equal legal rights, right to education, access to productive resources, right to participate in decision-making, legalization of abortion, recognition of property rights and abolition of domestic violence. Thus feminism passed through several paradigms which are referred to as first wave and second wave of feminism.
Since the origin of patriarchy and establishment of male supremacy can be traced to different factors and forces feminists differ in their approach to understand patriarchy and adopt different strategies to abolish it. One way to understand the various dimensions of feminist theories and their theoretical approaches to understand patriarchy is to locate them within the broader philosophical and political perspectives that have been broadly classified as Liberal, Marxist, Socialist and Radical. However, despite the ideological differences between the feminist groups, they are united in their struggle against unequal and hierarchical relationships between men and women, which is no longer accepted as biological destiny.

Approaches to Understand Patriarchy
Liberal Feminism: Liberal feminists have championed equal legal and political rights for women to enable them to compete with men in the public realm on equal terms. The philosophical basis of liberal feminism lies in the principle of individualism and they campaigned for all individuals to participate in public and political life. Several women’s movement demanded female suffrage during the 1840s and 1850s in United States and United Kingdom. The famous Seneca Falls Convention in 1848 marked the birth of women’s rights movement which among other things called for female suffrage. Women were granted the right to vote in the US Constitution in 1920. In UK though franchise was extended to women in 1918 for a decade they did not exercise equal voting rights with men. Mary Wollstonecraft’s “Vindication of the Rights of Women” (1972) was the first text of modern feminism which campaigned for women’s right to vote/ female suffrage. Wollstonecraft claimed that if women gained access to education as rational creatures in their own right the distinction of sex would become unimportant in political and social life. John Stuart Mill in collaboration with Harriet Taylor in “The Subjection of Women” (1970) proposed that women should be entitled to the citizenship and political rights and liberties enjoyed by men. It indicts traditional arrangements of work and family as tyrannizing women and denying them freedom of choice (Mandell, 1995: 6). Thus, liberal feminists believed that female suffrage would do away with all forms of sexual discrimination and prejudice. Walby contends that “first wave feminism was a large, multifaceted, long-lived and highly effective political phenomenon” (Walby, 1997:149).
Betty Friedan’s “The Feminine Mystique” marked the resurgence of liberal feminist thought in the 1960s and is often credited as stimulating the emergence of ‘second wave’ feminism. She referred to the cultural myth that women seek security and fulfillment in domestic life and that their feminine behaviour serves to discourage women from entering employment, politics and public life in general. In “The Second Stage” (1983) Friedan “discussed the problem of reconciling the achievement of personhood by making it possible to open up broader opportunities for women in work and public life while continuing to give central importance to family in women’s life which has been criticized by radical feminists as contributing to ‘mystique of motherhood”(Heywood, 2003: 254). Therefore, liberal feminism is essentially reformist and does not challenge the patriarchal structure of society itself. Critics suggest that the liberal reforms to increase opportunities for women, prohibit discriminations and to increase public consciousness of women’s rights have not been shared equally by all women because these changes have not addressed issues of socially structured inequalities (Mandell, 1995: 8). Thus, while the first wave feminism ended with winning suffrage rights the emergence of second wave feminism in 1960s acknowledged that political and legal rights were insufficient to change women’s subordination. Feminist ideas and arguments became radical and revolutionary thereafter.
Marxist Feminism: Marxist feminist believed that both subordination of women and division of classes developed historically with the development of private property. Frederick Engels in “The Origin of Family, Private Property and the State” (1884) stated that with the emergence of private property, women’s housework sank into insignificance in comparison to man’s productive labour. ‘The world historical defeat of the female sex with the establishment of capitalism based on private property ownership by men did away with inheritance of property and social position through female line’ (also see Bhasin, 1993: 24-25). Thus maternal authority gave place to paternal authority and property was to be inherited from father to son and not from woman to her clan. The bourgeois families which owned private property emerged as patriarchal families where women were subjugated. Such patriarchal families became oppressive as men ensured that their property passed on only to their sons. Therefore bourgeois family and private property as a byproduct of capitalism subordinated and oppressed women.
Marxist feminists unlike the radical feminists argue that class exploitation is deeper than sexual oppression and women’s emancipation essentially requires social revolution which will overthrow capitalism and establish socialism. Engels believed that “in a socialist society marriage will be dissolvable and that once private property is abolished its patriarchal features and perhaps also monogamy will disappear”. Therefore Marxist feminists like many socialist feminists connect structural changes in kinship relations and changes in the division of labour to understand women’s position in society. They argue that it is not women’s biology alone but, private property and monogamous marriage, economic and political dominance by men and their control over female sexuality which led to patriarchy. However, the Marxist feminists have been criticized for differentiating working class women and bourgeois women and also for the focus on economic factors to explain subordination of women. Recent socialist feminists critique traditional Marxist feminists as the later emphasize only on economic origins of gender inequality and state that female subordination occurs also in pre-capitalist and socialist systems (Mandell, 1995: 10). In fact socialist feminists accuse Marxists feminists of being ‘sex blind’ and only adding women to their existing critique of capitalism (Hartmann, 1979).
Socialist Feminism: Unlike the liberal feminists, socialist feminist argue that women do not simply face political and legal disadvantages which can be solved by equal legal rights and opportunities but the relationship between sexes is rooted in the social and economic structure itself. Therefore women can only be emancipated after social revolution brings about structural change. Socialist feminists deny the necessary and logical link between sex and gender differences. They argue that the link between child bearing and child rearing is cultural rather than biological and have challenged that biology is destiny by drawing a sharp distinction between ‘sex and gender’. Therefore, while liberal feminist takes women’s equality with men as their major political goal, socialist feminism aim at transforming basic structural arrangements of society so that categories of class, gender, sexuality and race no longer act as barriers to share equal resources (Mandell, 1995: 9). Gerda Lerner’s (1986) explains how control over female sexuality is central to women’s subordination. She argues that it is important to understand how production as well as reproduction was organized. The appropriation and commodification of women’s sexual and reproductive capacity by men lies at the foundation of private property, institutionalization of slavery, women’s sexual subordination and economic dependency on male.

Most socialist feminists agree that the confinement of women to thedomestic sphere of housework and motherhood serves the economic interests of capitalism. Women relieve men of the burden of housework and child rearing, and allow them to concentrate on productive employment. Thus unpaid domestic labour contributes to the health and efficiency of capitalist economy and also accounts for the low social status and economic dependence of women on men. But, unlike the Marxist feminists, socialist feminists look at both relations of production as well as relations of reproduction to understand patriarchy. Unlike orthodox Marxists who have prioritized class politics over sexual politics, modern socialist feminists give importance to the later. They believe that socialism in itself will not end patriarchy as it has cultural and ideological roots.

In ‘Women’s Estate’ (1971) Juliet Mitchell believes that gender relations are a part of the super structure and patriarchy is located in the ideological level while capitalism in the economical level (Mitchell, 1975: 412). Like traditional Marxist analysis she fails to consider the significance of sexual division of labour as an economical phenomenon (Walby, 1986: 34). She argues that patriarchal law is that of the rule of the father, which operates through the kinship system rather than domination of men. Mitchell stated that women fulfill four social functions (i) They aremembers of workforce and are active in production, (ii) they bear children and thus reproduce human species (iii) they are responsible for socializing children and (iv) they are sex objects. Therefore “women can achieve emancipation only when they liberate from each of these areas and not only when socialism replaces capitalism” (also see Heywood, 2003: 257-258). Walby critiques Mitchell as she fails to consider the material benefits that men derive from women’s unpaid domestic labour and the significance of men’s organized attempts to limit women’s access to paid work. On the other hand, Delphy argues that the basis of gender relations is the domestic mode of production in which the husband expropriates the wife’s labour (Delphy, 1977: 37). Women share a common class position and are exploited by men as a class. Thus it is not women’s position within the domestic mode of production which is the basis of their class oppression alone but it is their main form of subordination. The forms of oppression outside the family therefore derive from oppressions within the family (Walby, 1986: 38). She further argues that women’s relation to production is not determined by content of the task but by the nature of the social relations under which they labour. Therefore it is the relations of production which explain why their work is excluded from the realm of value (ibid, 4). Delphy has been critiqued by Molyneux for placing all women in one class without making a distinction between the bourgeoisie and proletariat (Molyneux. 1979: 14).

Similarly Zillah Eisenstein in “Capitalist Patriarchy and the Case for Socialist Feminism” (1979) argues that ‘male supremacy and capitalism are the core relations which determine oppression of women’ She defines patriarchy as a “sexual system of power in which the male possesses superior power and economic privilege’ (Eisenstein 1979:17). Patriarchy is not the direct result of biological differentiation but ideological and political interpretations of these differentiations. “On the one hand the capitalist live a process in which exploitation occurs and on the other the patriarchal sexual hierarchy in which the women is mother, domestic labourer and consumer and in which the oppression of women occurs” (also see Bhasin, 1993: 28). Social relations of reproduction are therefore important and they are not the result of capitalist relations but cultural relations. Thus, while in her early work in 1979 there was greater stress on the synthesis between capitalism and patriarchy, in her later work in 1984, there is more recognition of conflict and tensions between the two (Walby, 1986: 31). Heidi Hartmann (1979) argues that both patriarchy and capitalism are independent yet are interacting social structures. She believes that “We can usefully define patriarchy as a set of social relations between men who have a material base who through hierarchical, establish/create interdependence and solidarity among men and enable them to dominate women (Hartmann, 1979: 11). She argues that historically both had important effects on each other as the material base upon which patriarchy rests lies most fundamentally in men’s control over women’s labour power. “In capitalist societies a healthy and strong partnership exists between patriarchy and capitalism” (ibid, 13). She has been critiqued for paying insufficient attention to tension and conflict between capitalism and patriarchy (Walby, 1986: 44).
Maria Mies, in her paper “The Social Origins of the Sexual Division of Labour” refers to women’s labour as ‘shadow work’. She suggests that we should no longer look at the sexual division of labour as a problem related to the family, but rather as a structural problem of a whole society. The hierarchical division of labour between men and women and its dynamics form an integral part of dominant production relations i.e. class relations of a particular epoch and society and of the broader national and international divisions of labour (also see Bhasin, 30). She argues that the asymmetric division of labour by sex, once established by means of violence was upheld by such institutions as the family and the state and also by the powerful ideological systems. The patriarchal religions have defined women as part of nature which has to be controlled and dominated by man (ibid, 33).
Thus, socialist feminists have advanced theoretical boundaries by analyzing the ways class and gender relations intersect. Economic class relations are important in determining women’s status but gender relations are equally significant and therefore eradicating social class inequality alone will not necessarily eliminate sexism. Patriarchy existed before capitalism and continued to exist in both capitalism and other political-economic systems (Mandell, 1995: 11). However, patriarchy and capitalism are concretely intertwined and mutually supportive system of oppressions. Women’s subordination within capitalism results from their economic exploitation as wage labourers and their patriarchal oppression as mothers, consumers and domestic labourers (ibid, 13).

Sylvia Walby in ‘Patriarchy at Work’ (1986) attempts to conceptualise patriarchy not only in terms of the complexity of relationships of gender but also subtleties of interconnections of patriarchy with capitalism, which is a relationship of tension and conflict and not of harmony and mutual accommodation. Domestic labour is a distinct form of labour and core to patriarchal mode of production which is essential to exploitation of women by men and is independent of exploitation of proletariats by the capitalists (Walby, 1986: 52). Within the household women provide all kinds of services to their children, husband and other members of the family, in other words in the patriarchal mode of production, women’s labour is expropriated by their husbands and others who live there. The control over and exploitation of women’s labour benefit men materially and economically. “Patriarchy is a system of interrelated social structures through which men exploit” (ibid, 51). She states that gender relations need to be explained at the level of social relations and not as individuals. Within the patriarchal mode of production, the producing class comprises of women and domestic labourer and husbands are the non-producing and exploiting class. And domestic labourer works to replenish/ produce his/ their labour power, she is separated from the product of her labour and has no control over it, while the husband always has control over the labour power which the wife has produced. She is separated from if at every level, physically, in the ability to use it, legally, ideologically etc. (ibid, 53). Thus the domestic labourer is exploited as the husband has the control over the wage he receives from the capitalist in exchange of his labour. The relations of production in such a mode of production are personalized relations between individuals (ibid, 54). When the patriarchal mode of production articulates with the capitalist mode, women are prevented from entering paid work as freely as men and are reinforced by patriarchal state policies.

The state is a site of patriarchal relations which is necessary to patriarchy as a whole as it upholds the oppression of women by supporting a form of household in which women provide unpaid domestic services to male (ibid). Thus capitalism benefits from a particular form of family which ensures cheap reproduction of labour power and the availability of women as a reserve army. Patriarchy is also located in the social relations of reproduction and masculinity and femininity are not biological givens but products of long historical process. Thus, socialist feminists combine both marxist and radical approach and neither is sufficient by itself. Patriarchy is connected to both relations of production and relations of reproduction.

Therefore reactionary feminism differed from conventional feminism challenging the traditional public/private divide and the influence of patriarchy not only in politics, public life and economy but also in all aspects of social, personal, psychological and sexual existence. This was evident in the pioneering work of radical feminists. Kate Millet’s “Sexual Politics” (1970)) and Germaine Greer’s “The Female Eunuch” (1970), Simon de Beauvoir’s “The Second Sex” (1970), Eva Figes’s “Patriarchal Attitudes” (1970) drew attention to the personal, psychological and sexual aspects of female oppression. It is the because of the ‘patriarchal values and beliefs which pervade the culture, philosophy, morality and religion of society that women are conditioned to a passive sexual role, which has repressed their true sexuality as well as more active and adventurous side of their personalities’ (Greer in Heywood, 2003: 258). Therefore the emphasis shifted from political emancipation to women’s liberation and the second wave feminists campaigned for the legislation of abortions, equal pay legislation, anti-discrimination laws and wider access to education and political and professional life. Women’s Liberation Movement during the 1960s and 70s called for radical social changes rather than legal and political reforms and criticized the repressive nature of the conventional society.

Radical Feminism: Unlike the liberal and socialist traditions, radical feminists developed a systematic theory of sexual oppression as the root of patriarchy which preceded private property. They challenge the very notion of femininity and masculinity as mutually exclusive and biologically determined categories. The ideology of motherhood subjugates women and perpetuates patriarchy, which not only forces women to be mothers but also determines the conditions of their motherhood (Bhasin, 199: 8). It creates feminine and masculine characteristics, strengthens the divide between public and private, restricts women’s mobility and reinforces male dominance. “While sex differences are linked to biological differences between male and female, gender differences are imposed socially or even politically by constructed contrasting stereotypes of masculinity and femininity” (de Beauvoir, 1970: 258). Simone de Beauvoir in “The Second Sex” (1970) pointed out that women are made and not born. She believed that greater availability of abortion rights, effective birth control and end of monogamy would increase the control over their bodies. Judith Butler turned the sex-gender distinction on its head: by making sex the effect of gender, a legitimization subsequently imposed in order to fix the socially contingent through recourse to an unquestioned biology, “the distinction between sex and gender turns out to be no distinction at all” (Butler, 1990: 7 also see Mary John 2004).

Kate Millet in “Sexual Politics” (1970) defined politics as power structured relationships, which is not only confined to government and its citizens but also to family between children and parents and husband and wife. Through family, church and academy men secure consent of the very women they oppress and each institution justifies and reinforces women’s subordination to men with the result that women internalize a sense of inferiority to men (Mandell, 1995: 16). Men use coercion to achieve what conditioning fails to achieve (Millet 1970:8). She proposed that patriarchy must be challenged through a process of conscious-raising and women’s liberation required a revolutionary change. The psychological and sexual oppression of women have to be overthrown. Shulamith Firestone in “The Dialectic of Sex” (1972) believes that the basis of women’s oppression lies in her reproductive capacity in so far as this has been controlled by men. She stated that patriarchy is not natural or inevitable but its roots are located in biology which has led to a natural division of labour within the biological family and liberation of women required that gender difference between men and women be abolished (also see Heywood, 260). Firestone’s attempt to build a theory of patriarchy in which different sets of patriarchal relations have their place and specify their articulation with class and race relations is one of the most sophisticated and highly developed radical feminist theories (Walby, 1986: 25). However, her analysis of relations of patriarchy with class and ethnicity are rather reductionist as she ignores various structures and institutions which have shaped these relationships through out history (ibid, 26). Walby critiques her for her insufficient analysis of capitalist relations and their interrelationships with patriarchal relations, which Walby sees as a serious omission (ibid). Her believe that the connection between childbirth and child care is a biological rather than a social fact has also been critiqued.

Mackinnon argues that sexuality is the basis of differentiation of sexes and oppression of women and this she considers as parallel to the centrality of work for Marxist analysis of capitalism. “Sexuality is to Feminism what work is to Marxism: that which is most one’s own, yet most taken away” (Mackinnon, 1982: 1). She considers that sexuality constructs gender and these are social processes and not biological givens. Walby critiques her for not assessing the relative importance of class/labour for gender equality as compared to sexuality (Walby, 1986: 27). For radical feminists sexual relations are political acts, emblematic of male/female power relationships. The traditional political theory which divide personal and political spheres and believe that family is nonpolitical and personal has been questioned by radical feminists who argue that family is that space where maximum exploitation of women takes place. It is this ‘public-private divide’ which legitimizes exploitation of women. In fact, it is essential that the private sphere must be mapped in terms of the same values of justice, equality and freedom which are necessary in the public sphere.

Radical feminists aim at the need to redefine individual identity, free language and culture from the clutches of masculinity, re-establish political power, re-evaluate human nature/ behaviour and challenge the traditional values. Thus along with legal reforms and the right to franchise the protest against capitalist society is important to transform the traditional sexual identity through sexual revolution. Radical feminists therefore believe that unless sexuality is reconceived and reconstructed in the image and likeness of women, the later will remain subordinate to men (Mandell, 1995: 16).

While radical feminists claim that ‘personal is political’ liberal feminist warn against the dangers of politicizing the private sphere, which is the realm of public choice and individual freedom. On the other hand the limitation of individualism as the basis of gender politics has been raised by radical feminists as an individualist perspective draws attention away from the structural character of patriarchy. Women are subordinated not as systematic individuals who happen to be denied rights or opportunities but as a sex that is subject to pervasive oppression (Heywood, 2003: 254). They critique individualism which makes it difficult for women to think and act collectively on the basis of their common gender identity. Liberal individualism depoliticizes sexual relations and equal treatment might mean treating women like men. Finally the demand for equal rights only equips women to take advantage of the opportunities and may therefore reflect the interest of white, middle class women in developed countries and fail to address problems of women of colour, working class women and women in developing countries (ibid). Thus while ‘egalitarian feminists’ link gender difference to patriarchy as a manifestation of oppression and subordination and want to liberate women from gender difference, ‘difference feminists’ regard the very notion of equality as either misguided or simply undesirable. Alison Jaggar in “Feminist Politics and Human Nature” (1971) critiques the radicals for ignoring the causes that led to the origin of patriarchy and its structures which requires theorizing human behaviour and human society. She states that it is not that gender differences determine some forms of social organizations but the later which give rise to gender difference. Therefore instead of controlling their bodies women should be able to control their lives. Marxist feminists critique radical feminists for ignoring the historical, economic and materialist basis of patriarchy and therefore the later are trapped in ahistorical biological deterministic theory.

The new feminist traditions such as psychoanalytical feminism, ecofeminism, postmodern feminism, black feminism, lesbian feminism have emerged since the 1980s. Psychoanalytical feminists analyse the psychological process through which men and women are engendered. They do not hold biological factors as responsible for the construction of sexual difference. Psychoanalytical feminist explore the hidden dynamics at work in personal, interpersonal and social relations and the unconscious dynamics that shape the way we think, feel and act in the world. Freudian psychoanalysis describes women oppression in patriarchy as a process, which need to be altered. After Juliet Mitchell’s book “Psychoanalysis and Feminism” (1974) the psychological process which determine patriarchy has expanded (see Brennan, 1989). Similarly “Feminism and Psychoanalysis” (1992) edited by Elizabeth Wright demonstrates the continued interest in this field. Psychoanalysis feminists may share the politics of radical, marxist or socialist feminists but the kind of questions and concerns raised by them are not acknowledged by the later. They analyse gender difference beyond conscious levels of experience and focus on the unconscious levels where gender –specific desires and meanings are constituted and formed. Dorothy Dinnerstein and Nancy Chodorow draw on a school for psychoanalysis called ‘objectrelation theory’. Exclusive female mothering is seen to be the cause of gender inequality (Mandell, 1995: 20).
Eco-feminists accept women’s attitudes and values as different from men. They believe that in certain respects women are superior to men and possess the qualities of creativity, sensitivity and caring which men can never develop. Vandana Shiva in her conception of ecofeminism critiques development and establishes the connection between ecological destruction and capitalist growth as a patriarchal project (Shiva, 1999: 41, for details see Vandana Shiva’s “Colonialism and the Evolution of Masculinist Forestry”).

Postmodern feminists claim that there is no fixed female identity. The socially constructed identities can be reconstructed or deconstructed. Thus the distinctions between sex and gender are criticized from two perspectives: (i) ‘difference feminists’ who believe that “there are essential difference between men and women and the social and cultural characteristics are seen to refer the biological differences” and (ii) ‘postmodern feminists’ who “questioned whether sex is a clear-cut biological distinction as is usually assumed”. In other words the features  of biological motherhood do not apply to women who cannot bear children. Thus “there is a biology-culture continuum rather than a fixed biological/cultural divide and the categories male and female become hopelessly entangled” (Heywood, 2003: 248). Linda Nicholson in “Feminism / Postmodernism” (1990) claims that there are many points of overlap between a postmodern stance and position long held by feminists. According to Nancy Fraser and Nicholson if feminism pursues a trend towards a more historical non-universalizing, non-essentialist theory that addresses difference amongst women (lesbians, disabled, working class women, black women) then feminism will become more consistent with postmodernism (Nicholson, 1990: 34) This trend means giving up universal claims of gender and patriarchy. However, feminists hostile to postmodernism theory claim that no feminist politics is possible once one has called into question the nature of gender identity and subjectivity (Mandell, 1995: 26).
Black feminists have prioritized differences based on race and challenge the tendency within feminism to ignore it. They portray sexism and racism as interlinked systems of oppression and highlight the particular range of gender, racial and economic disadvantages that confront “women of colour”. Black feminists argue that women are not subject to common forms of oppression due to their sex but ‘women of colour ‘in particular are more vulnerable to oppression and subjugation. They criticize the liberal, Marxist, socialist and radical feminists for ignoring race as a category of oppression and analysis (also see Brand, Dasgupta). By assuming that gender is primary form of subordination, oppression of class, sexuality and race become extensions of patriarchal domination. Radical feminists’ insistence that the elimination of sexism is key to the elimination racism is inadequate to “women of colour” as they experience racism from white women as well as from men (Grant, 1993 in Mandell, 1995: 18). Thus an analysis of the intersection of class, caste, race, sexuality and gender is important.
Similarly lesbian feminists primarily struggle against homophobia which is as important as the struggle against patriarchy. Lesbian feminism and cultural feminism are two types of feminist separations advocating the creation of women identified world through the attachments women have to each other. They believe that since patriarchy is organized through men’s relations with other men, unity among women is the only effective means for liberating women. They position lesbianism as more than a personal decision and an outward sign of an internal rejection of patriarchal sexuality (Rich in Mandell, 1995: 14). Lesbianism becomes a paradigm for female-controlled female sexuality which meets women’s needs and desires. ‘Another popular strategy for resisting patriarchy has been to redefine social relations by creating women-centered cultures that emphasise positive capacities of women by focusing on creative dimensions of their experiences’ (ibid). Therefore while earlier feminists struggled for a legally equal position for women and demanded democratic rights, which included right to education and employment, right to own property, right to vote, right to birth control, right to divorce, today feminists have gone beyond demanding mere legal reforms to end discrimination between men and women. They have raised issues of violence against women, rape, unequal wages, discriminatory personal laws, the sexual division of labour, distribution of power within the family, use of religion to oppress women and negative portrayal of women in media (also see Bhasin, 1993: 9). Emancipation of women necessarily calls for challenging patriarchy as a system which perpetuates women’s subordination. Several structures of society such as kinship and family, class, caste, religion, ethnicity, educational institutions and state reinforce patriarchy. Some of the experiences of multiple patriarchies can be illustrated by analyzing the dynamics and interface of social forces which institutionalize and legitimize patriarchy in society.

Wednesday, December 22, 2010

feminist theory of state

This note discusses developments in feminist state theory through a comparison of feminist interventions into jurisprudence, criminology, and welfare state theory.
Early feminist work on the state analyzed how women were subordinated by a centralized state. More recently, feminist scholars unearthed how states are differentiated entities, comprised of multiple gender arrangements. This discovery of state variation surfaced differently in these three branches of scholarship. Feminist legal theorists concentrated on multiple legal discourses, feminist criminologists on the diverse sites of case processing, and feminist welfare theorists on the varied dimensions of welfare stratification. Because of their different approaches to state gender regimes, these scholars have much to offer, and to gain from, one another. Thus, this chapter argues for the importance of an interdisciplinary feminist dialogue on the state. It also suggests ways to promote such a dialogue and to insert a sociological perspec tive into this new mode of theorizing.
Feminism refers to movements aimed at establishing and defending equal political, economic, and social rights and equal opportunities for women. Its concepts overlap with those of women's rights. Some people argue that gender is a social construction that harms all people; feminism thus seeks to liberate men as well as women. Feminists, persons practicing feminism, can be persons of either sex.
Feminist theory emerged from these feminist movements and includes general theories and theories about the origins of inequality, and, in some cases, about the social construction of sex and gender, in a variety of disciplines. Feminist activists have campaigned for women's rights—such as in contract, property, and voting—while also promoting women's rights to bodily integrity and autonomy andreproductive rights. They have opposed domestic violence, sexual harassment, and sexual assault. In economics, they have advocated for workplace rights, including equal pay and opportunities for careers and to start businesses.
The movements and theoretical developments were historically led predominantly by middle-class white women from Western Europe and North America, but, since then, more women have proposed additional feminisms.
Protofeminism preceded feminism and is based on sources other than feminists' writings. Feminists' writings then began to appear, such as those by Christine de Pizan in the 15th century and Mary Wollstonecraft in the late 18th century. Starting in the 19th century, feminism tended to arise in what we now refer to as waves, especially in the United States and the United Kingdom.First-wave feminism sought equality in property rights, changes in the marriage relationship, and, eventually, in women's suffrage, or women's right to vote. Second-wave feminism, also sometimes called women's liberation, began in the 1960s and focused on discrimination and on cultural, social, and political issues, and books about it included The Feminine Mystique and The Second Sex. It was often accused of orienting to upper middle-class white women and, sometimes, of biological essentialism. Third-wave feminism began in the 1980s or early 1990s and addresses feminism across class and race lines, as being grounded in culture rather than biology, and through many issues, so there exists less concentration on particular issues.
Post-feminism is, depending on the participant, either a later development of feminism or a denial that feminism has any continuing justification, so not all feminists consider post-feminism a part of feminism, some viewing it rather as a critique of feminism.
Feminist theory aims to understand gender difference and gender inequality and focuses on gender politics and sexuality. Providing a critique of these social and political power relations, much of feminist theory focuses on the promotion of women's rights. Themes explored in feminist theory include discrimination, stereotyping, objectification (especially sexual objectification), oppression, and patriarchy. Feminist theory is academically concentrated in women's studies and encompasses work in history, anthropology, sociology, economics, literary criticism, (supported by women's literature, music, film, and other media), art history, psychoanalysis, theology, philosophy, geography, and other disciplines.
Elaine Showalter modeled the development of feminist theory, although Toril Moi criticized this model, seeing it as essentialist,deterministic, and failing to account for the situation of women outside the West.
Movements and ideologies
Several overlapping movements of feminist ideologies have developed over the years.
Liberal feminism seeks individualistic equality of men and women through political and legal reform without altering the structure of society.
Socialist feminism connects oppression of women to exploitation, oppression, and labor. Marxist feminists feel that overcoming class oppression overcomes gender oppression; some socialist feminists disagree. Radical feminism considers the male-controlled capitalisthierarchy as the defining feature of women's oppression and the total uprooting and reconstruction of society as necessary and has branched into such as anti-pornography feminism, opposed by sex-positive feminism. Anarcha-feminists believe that class struggle andanarchy against the Staterequire struggling against patriarchy, which comes from involuntary hierarchy. Cultural feminism attempts to revalidate undervalued "female nature" or "female essence";its critics assert that it has led feminists to retreat from politics to lifestyle. Separatist feminism does not support heterosexual relationships. Lesbian feminism is thus closely related. Some writers criticize separatist feminism as sexist.
Womanism emerged after early feminist movements were largely white and middle-class. Black feminism argues that sexism, classoppression, and racism are inextricably bound together. Chicana feminism focuses on Mexican American, Chicana, and Hispanic women in the United States. Multiracial or "women of colour" feminism is related. Standpoint feminists argue that feminism should examine how women's experience of inequality relates to that of racism, homophobia, classism, and colonization. Postcolonial feminists argue that colonial oppression and Western feminism marginalized postcolonial women but did not turn them passive or voiceless.Third-world feminism is closely related. These discourses are related to African feminism, motherism, Stiwanism, negofeminism, femalism, transnational feminism, and Africana womanism.
Conservative feminism is conservative relative to the society in which it resides. Libertarian feminism conceives of people as self-owners and therefore as entitled to freedom from coercive interference. Individualist feminism or ifeminism, opposing so-called gender feminism, draws on anarcho-capitalism.
Postmodern feminists argue that sex and gender are socially constructed, that it is impossible to generalize women's experiences across cultures and histories, and that dualisms and traditional gender, feminism, and politics are too limiting. Post-structural feminism uses various intellectual currents for feminist concerns. Many post-structural feminists maintain that difference is one of the most powerful tools that women possess. Contemporary psychoanalytic French feminism is more philosophical and literary than is Anglophone feminism.
Ecofeminists see men's control of land as responsible for the oppression of women and destruction of the natural environment, but a criticism is that ecofeminism focuses too much on a mystical connection between women and nature.
Movements share some perspectives while disagreeing on others. For example, some consider men oppressed by gender roleswhile others consider men primarily the causative agents of sexism.
Some feminists have argued that men's issues are an important part of feminism, as men's equality is necessary for women's equality. These feminists point to legal and social imbalances in regard to father's rights, male rape and spousal battery, negative social expectations for men, and a narrow definition of "masculinity."
The feminist movement has effected change in Western society, including women's suffrage; in education; in gender neutrality in English; job pay more nearly equal to men's; the right to initiate divorce proceedings; the reproductive rights of women to make individual decisions on pregnancy (including access to contraceptives and abortion); and the right to enter into contracts and own property. Feminists have struggled to protect women and girls from domestic violence, sexual harassment, and sexual assault, emphasizing the grounds as women's rights, rather than as men's traditional interests in families' safety for reproductive purposes. On economic matters, feminists have advocated for workplace rights, including maternity leave, and against other forms of gender-specific discrimination against women. They have achieved some protections and societal changes through sharing experiences, developing theory, and campaigning for rights.
From the 1960s on, the campaign for women's rights was met with mixed results in the U.S. and the U.K. Other countries of the EECagreed to ensure that discriminatory laws would be phased out across the European Community.
In the U.S., the National Organization for Women (NOW) began in 1966 to seek women's equality, including through the Equal Rights Amendment (ERA), which did not pass, although some states enacted their own.
Reproductive rights in the U.S. centered on the court decision in Roe v. Wade enunciating a woman's right to choose whether to carry a pregnancy to term. Western women gained more reliable birth control, allowing family planning and careers. The movement started in the 1910s in the U.S. under Margaret Sanger and elsewhere under Marie Stopes and grew in the late 20th century.
The division of labor within households was affected by the increased entry of women into workplaces in the 20th century. Sociologist Arlie Russell Hochschild found that, in two-career couples, men and women, on average, spend about equal amounts of time working, but women still spend more time on housework, although Cathy Young responded by arguing that women may prevent equal participation by men in housework and parenting.
Although research suggests that, to an extent, both women and men perceive feminism to be in conflict with romance, studies of undergraduates and older adults have shown that feminism has positive impacts on relationship health for women and sexual satisfaction for men, and found no support for negative stereotypes of feminists.
In international law, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is an international convention adopted by the United Nations General Assembly and described as an international bill of rights for women. It came into force in those nations ratifying it.
In religion, feminist theology reconsiders the traditions, practices,scriptures, sacred texts, and theologies of religions from a feminist perspective. Its goals include increasing the role of women among the clergy and religious authorities, reinterpreting male-dominated imagery and language about the deity or deities, and determining women's place in relation to career andmotherhood. Most Christian feminists agree that God does not discriminate by sex. New feminism is a branch of difference feminism within Catholicism. Islamic feminism aims for full equality in public and private life, highlights the deeply rooted teachings of equality in the Quran, encourages questioning patriarchal interpretation of Islamic teaching. and draws on secular and Western feminist discourses. Jewish feminism addresses all major branches of Judaism to open up all-male prayer groups, end exemption from positive time-bound mitzvot, and enable women to function as witnesses and to initiate divorce. The Dianic Wiccan feminism, one faith of many in Wicca, is female-focused and Goddess-centered and teaches witchcraft as every woman's right. In Wicca, "the Goddess" is a deity of prime importance, along with her consort the Horned God. In the earliest Wiccan publications, she is described as a tribal goddess of the witch community, neither omnipotent nor universal, and it was recognised that there was a greater "Prime Mover", although the witches did not concern themselves much with this being. Atheist feminism objects to sexism in all major religions.

Relationship to political movements

In the U.S., feminism, when politically active, formerly aligned largely with the political right, e.g., through the National Woman's Party, from the 1910s to the 1960s, and presently aligns largely with the left, e.g., through the National Organization for Women, of the 1960s to the present, although in neither case has the alignment been consistent.

Socialism

Since the early twentieth century, some feminists have allied with socialism. In 1907, at an International Conference of Socialist Women inStuttgart, suffrage was described as a tool of class struggle. Clara Zetkin of the Social Democratic Party of Germany called for women's suffrage to build a "socialist order, the only one that allows for a radical solution to the women's question".
In Britain, the women's movement was allied with the Labour party. In the U.S., Betty Friedan emerged from a radical background to take leadership. Radical Women is the oldest socialist feminist organization in the U.S. and is still active. During the Spanish Civil War,Dolores Ibárruri (La Pasionaria) led the Communist Party of Spain. Although she supported equal rights for women, she opposed women fighting on the front and clashed with the anarcha-feminist Mujeres Libres.[98]
In Latin America, revolutions brought changes in women's status in countries such as Nicaragua, where feminist ideology during the Sandinista Revolution aided women's quality of life but fell short of achieving a social and ideological change.
The end of Communist governments led to changes in Eastern European gender roles.

Fascism

Nazi Germany and the contemporary fascist states illustrate the disastrous consequences for society of a state ideology that, in glorifying traditional images of women, becomes anti-feminist. In Germany, after the rise of Nazism in 1933, there was a rapid dissolution of the political rights and economic opportunities that feminists had fought for during the prewar period and to some extent during the 1920s. In Franco's Spain, the right-wing Catholic conservatives undid the work of feminists during the Republic.Fascist society was hierarchical with an emphasis and idealization of virility, with women maintaining a position largely subordinate to men's.
British Fascism, for its part, attracted many women to its ranks. In particular, three prominent suffragette leaders (Mary Allen, Mary Richardson, and Norah Elam) used militant tactics to get votes for women in Britain in the early 1900s, and that had earned them Holloway prison terms, where they underwent hunger and thirst strikes and force feeding in the cause. During the 1930s, all three became prominent leaders in Oswald Mosley's British Union of Fascists (BUF). Elam became a BUF propagandist, driven by her disillusionment with what she saw as the antiquated Party political system that then dominated. She asserted that women had been given the vote simply to patronize and shut them up, making them think they were taking part in democratic decision-making, and then shrewdly sidelining them and making them politically impotent. Her Fascist propaganda bitterly criticized fellow suffragettes for giving up the feminist agenda and returned time and again to a concern with women's lack of freedom and the lack of influence that any one individual can exert through voting alone. The alternative to democracy she believed the BUF offered was not simply a vague utopian vision. She referred to the practical ideology underlying her Fascist concept. This New Creed, she believed, came in the form of a "Corporate State" which would deliver real equality and participation for all citizens, Corporatism being a system in which various groups in society (economic sectors and professional specializations) are conceived as the essential parts of the state making up the whole, the organs making up the body. The British House of Commons would be made up of representatives from each Corporation. She detailed little. When she was put forward as a candidate for a Parliamentary seat in Northampton in 1936, Mosley accompanied her to Northampton to introduce her to her electorate at a meeting in the Town Hall, where in a public meeting he announced that "[h]e was glad indeed to have the opportunity of introducing the first candidate, and it killed for all time the suggestion that National Socialism proposed putting British women back into the home. Mrs Elam had fought in the past for women's suffrage ... and was a great example of the emancipation of women in Britain". Whether this idea of a Corporate State would ever have produced for women the power to influence public life in the way Elam hoped was never realised in Britain. World War II and its aftermath revealed the full horrors of fascism and what it was capable of and coincided with the demise of the BUF, which never actually fought or won any seats in elections.

Scientific discourse criticism

Some feminists, such as Evelyn Fox Keller, criticize traditional scientific discourse as historically biased towards a masculine perspective, including the idea of scientific objectivity. Primatologist Sarah Blaffer Hrdy notes the prevalence of masculinely coined stereotypes and theories, such as of the non-sexual female, despite "the accumulation of abundant openly available evidence contradicting it".
Many feminist scholars rely on qualitative scientific research methods that emphasize women's subjective and individual experiences, including treating research participants as authorities equal to the researcher. Objectivity is eschewed in favor of open self-reflexivity and the agenda of helping women. Also, part of the feminist research agenda is the uncovering of ways in which power inequities are created and/or reinforced in society and in scientific and academic institutions. A feminist approach to research often involves nontraditional forms of presentation.

Biology of gender

Modern feminist science challenges the biological essentialist view of gender. However, it is increasingly interested in the study of biological sex differences and their effect on human behavior. For example, Anne Fausto-Sterling's book, Myths of Gender, explores the assumptions embodied in scientific research that purports to support a biologically essentialist view of gender.
Her second book, Sexing the Body, discussed the alleged possibility of more than two true biological sexes. This possibility only exists in yet-unknown extraterrestrial biospheres, as no ratios of true gametes to polar cells other than 4:0 and 1:3 (male and female, respectively) are produced on Earth. However, in The Female Brain, Louann Brizendine argues that brain differences between the sexes are a biological reality with significant implications for sex-specific functional differences. Steven Rhoads illustrated sex-dependent differences across a wide scope.
Carol Tavris, in The Mismeasure of Woman, uses psychology and sociology to critique theories that use essentialism and biologicalreductionism to explain differences between men and women. She argues that "women are not the better sex, the inferior sex or the opposite sex", rather she contends that there are ever-changing hypotheses that justify inequality and perpetuate stereotypes.
Cordelia Fine, in Delusions of Gender, argues that there is currently no scientific evidence for innate biological differences between men and women's minds, and that cultural and societal beliefs contribute to commonly perceived sex differences.

Evolutionary biology

Sarah Kember—drawing from numerous areas such as evolutionary biology, sociobiology, artificial intelligence, and cybernetics in development with a new evolutionism—discusses the biologization of technology. She notes how feminists and sociologists have become suspicious of evolutionary psychology, particularly in as much as sociobiology is subjected to complexity in order to strengthen sexual difference as immutable through pre-existing cultural value judgments about human nature and natural selection. Where feminist theory is criticized for its "false beliefs about human nature", Kember then argues in conclusion that "feminism is in the interesting position of needing to do more biology and evolutionary theory in order not to simply oppose their renewed hegemony, but in order to understand the conditions that make this possible, and to have a say in the construction of new ideas and artefacts."

Health

Feminism has led to increased participation by women in the health care they receive (e.g., the book Our Bodies, Ourselves), deliver (e.g., as doctors and midwives), and seek (e.g., lactivism).

Psychology

Feminist therapy is the application of feminist principles to psychotherapy.

Reactions

Different groups of people have responded to feminism, and both men and women have been among its supporters and critics. Among American university students, for both men and women, support for feminist ideas is more common than self-identification as a feminist. The US media tends to portray feminism negatively and feminists "are less often associated with day-to-day work/leisure activities of regular women." Men have responded in each wave of the movement positively and negatively, varying from pro-feminism to masculism, the men's rights movement, and anti-feminism.

Masculism and Men's Rights Movements

Masculism emerged in the 20th Century as a reaction to the feminist movement in order to address men's interests and rights. The masculist movement encompasses a broad range of views and attitudes towards feminism. Some masculists view masculism as a complementary movement to feminism, with both movements seeking to correct gender discrimination, while other masculists explicitly oppose feminism and support a "new patriarchy." Pro-feminist academics like Michael Flood, Michael Messner, and Michael Kimmel are involved withmen's studies.[123][124][125][126][127] Michael Flood, a pro-feminist, has characterized the movement as anti-feminist men's rights activists who "have ridden the wave of right-wing backlashes against “political correctness” and efforts at social justice"

Men as feminists

Philosopher Jeremy Bentham demanded equal rights for women in the 18th century. In 1866, philosopher John Stuart Mill (author of "The Subjection of Women") presented a women's petition to the British parliament and supported an amendment to the 1867 Reform Bill.
Some feminist women maintain that identifying and participating as a feminist is the strongest stand men can take in the struggle against sexism. Highlighting critical debates about masculinity and gender, the history of men in feminism, and men's roles in preventing violence and sexual assault, a critical analysis of first-person stories by feminist/profeminist men addresses the question of why men should care about feminism in the first place and lays the foundation for a larger discussion about feminism as an all-encompassing human issue, drawing on earlier work. Fidelma Ashe argues that traditional feminist views of male experience and of "men doing feminism" have been monolithic and explores the multiple political discourses and practices of pro-feminist politics and evaluates each strand through an interrogation based upon its effect on feminist politics.
In the 21st century, new reactions have emerged from male scholars in gender studies
Other feminist women argue that men cannot be feminists, being incapable simply because, in terms of their acculturation, they are not women. They maintain that men are granted inherent privileges that prevent them from identifying with feminist struggles, thus making it impossible for them to identify with feminists.

Pro-feminism

Pro-feminism is the support of feminism without implying that the supporter is a member of the feminist movement. The term is most often used in reference to men who are actively supportive of feminism. The activities of pro-feminist men's groups include anti-violence work with boys and young men in schools, offering sexual harassment workshops in workplaces, running community education campaigns, and counseling male perpetrators of violence. Pro-feminist men also are involved in men's health, activism against pornography including anti-pornography legislation, men's studies, and the development of gender equity curricula in schools. This work is sometimes in collaboration with feminists and women's services, such as domestic violence and rape crisis centers. Some activists of both genders will not refer to men as "feminists" at all and will refer to all pro-feminist men as "pro-feminists".

Criticisms by women of colour, with lower incomes, or not Western

During much of its history, feminist movements and theoretical developments were led predominantly by middle-class white women from Western Europe and North America.[24][30][31] However, at least since Sojourner Truth's 1851 speech to American feminists, women of other races have proposed alternative feminisms. This trend accelerated in the 1960s with the civil rights movement in the United States and the collapse of European colonialism in Africa, the Caribbean, parts of Latin America, and Southeast Asia. Since that time, women in developing nations and former colonies and who are of colour or various ethnicities or living in poverty have proposed additional feminisms.

Antifeminism

Antifeminism is the opposition to women's equalityor the opposition to feminism in some or all of its forms. Writers such asCamille Paglia, Christina Hoff Sommers, Jean Bethke Elshtain, and Elizabeth Fox-Genovese have been labeled "anti-feminists" by feminists. Daphne Patai and Noretta Koertge argue that in this way the term "anti-feminist" is used to silence academic debate about feminism. Paul Nathanson and Katherine K. Young's books Spreading Misandry and Legalizing Misandry explore what they argue is feminist-inspired misandry. Christina Hoff-Sommers argues feminist misandry leads directly to misogyny by what she calls "establishment feminists" against (the majority of) women who love men in Who Stole Feminism: How Women Have Betrayed Women. Marriage rights advocates criticize feminists like Sheila Cronan who take the view that marriage constitutes slavery for women and that freedom for women cannot be won without the abolition of marriage.
State theory is a relatively recent addition to feminist scholarship. Although many political sociologists spent the last decade bringing the state back into their field, many feminist social scientists used this period to conceptualize ways to bring the state into the study of gender.
Initially, feminists drew the state into gender studies through analyses of the state's role in reproducing patriarchal social relations; they examined how women, as a homogenous group, were oppressed by a centralized state.
More recently, feminists have eschewed such conspiratorial notions of state patriarchy to take up the more complicated task of illuminating the ways states shape, and are shaped by, gender relations. Through studies of state spheres--including welfare provisions, legal codes, and penal policies--feminist theorists uncovered how states are differentiated entities, composed of multiple gender arrangements. The result has been the proliferation and diversification of feminist analyses of the state. This chapte r charts the trajectories of the new feminist scholarship on different state realms.
To a large extent, this new feminist scholarship is organized by the type of state apparatus. Some scholars focus on the dynamics of welfare redistribution and policy formulation (Skocpol 1992, Orloff 1993, Gordon 1994); others center on the assignment of political citizenship and legal rights (Pateman 1988, MacKinnon 1989, Rhode 1989). Still others are concerned with the formation of penal and disciplinary practices (Smart 1990, Daly 1994, Messerschmidt 1997). Existing reviews tend to echo these divisions by systematizing feminist analyses of a particular state apparatus and fleshing out their contributions to general scholarly debates (Smart 1991, Orloff 1996, Daly & Maher 1998). By dialoguing with non-feminist scholars, feminists made inroads into "mainstream" social science and heightened the visibility of their work (Chavetz 1997). Although extraordinarily important, these external dialogues often deflected attention from internal feminist exchanges. Feminist welfare scholars rarely refer to the work of feminist legal theorists or criminologists; the reverse is also true. Thus, we lack an understanding of the theoretical developments and empirical findings of different branches of feminist state theory.
This notes crosses the traditional borders of subfields to compare feminist interventions into jurisprudence, criminology, and welfare state theory. I chose these fields for three primary reasons. First, although not all of these scholars claim to study the state per se, they all analyze the gendered dynamics of state apparatuses. Second, feminist research in these areas has been the most extensive, thus allowing me to compare work of similar complexity. Third, feminist scholarship in these fields has the most relevance to a broad sociological audience; it addresses issues of concern to sociologists of law, criminologists, and political sociologists. This does not imply that I confine my analysis to texts written exclusively by sociologists. Although I place sociological work in the forefront, feminist state theory is too interdisciplinary to be limited to one field. At the same time, I do restrict my discussion in several ways. Most importantly, I address feminist analyses of the state's gender regime--or the "state of play of gender relations in a given institution" (Connell 1987, p. 120). I review works that illuminate the state processes and arrangements active in fashioning gender relations in the legal, criminal justice, and welfare systems. My interest is less in feminist discussions of how or why women and men reach state systems, and more in their theories of the gendered processes that subjects encounter once embedded in these systems.
Even within these conceptual parameters, it is exceedingly difficult to do justice to the vast literature on gender and the state. Thus, this chapter is necessarily schematic; it paints a portrait of feminist state scholarship in broad strokes. Nonetheless, the portrait has a frame. As I analyze developments in these three fields, I compare feminist work in two dimensions: their accounts of the state as "need interpreter" and as "need satisfier" (Fraser 1989). I explore the extent to which feminists in these fields view state gender regimes as operating through interpretive structures, redistributive structures, or some combination of the two. How do feminists understand the state's role in interpreting the categories of gender? Do they see these acts of interpretation as key to the gender regimes of law, criminal justice, and welfare? Or do they conceptualize state regimes as primarily redistributive in nature, that is, as stratifying women and men through differential access to material goods, social rights, and punishment? Have feminists connected these dimensions to link state interpretation and stratification? In short, I investigate the trajectories of three branches of feminist scholarship through "cultural" and "structural" perspectives.
This two-dimensional framework will facilitate dialogue among feminist thinkers who too often seem to talk past each other. It also offers a way to disentangle the complex processes that make up state gender regimes, and it highlights the similarities and differences in feminist theoretical trajectories and empirical findings. In all of these fields, feminists have moved away from simply critiquing nonfeminist scholarship or imposing mainstream paradigms onto gender analyses. They have developed models that draw on and expand existing frameworks. Their models tend to share a critical, albeit tacit, understanding of the state as a multifaceted entity. In a similar manner, they expose the way state arenas are often fraught with conflicting and contradictory messages about gender. When taken together, this feminist work replaces the notion of a singular, centralized state structure with a conception of the diversity of state apparatuses.
This recognition of state variation has surfaced differently in these three fields of feminist studies. Feminist legal scholars have developed sophisticated theories of legal interpretation and textual representation, but remain less attentive to the law's stratifying dimensions. I discuss this development in the first section of this chapter. Feminist criminologists, on the other hand, have done extraordinary empirical work on the redistributive inequalities of the criminal justice system, but have yet to advance a full theorization of the politics of representation. I describe this trajectory in the second part of the chapter. Recent feminist welfare state theory has moved in two directions--one strand examining the politics of redistribution and the other examining the politics of recognition. It has also begun to link these state dimensions in provocative ways. These theoretical innovations have much to offer, and to gain from, feminist jurisprudence and criminology. I outline these lessons in the chapte r's third section. In the concluding section, I argue for the importance of establishing a dialogical field that encompasses feminist analyses of the state. I also suggest ways to create such a field and to insert a sociological perspective into this new mode of theorizing.
REPRESENTATIONS OF EQUALITY AND DIFFERENCE: Feminist Jurisprudence
Feminist jurisprudence arose in the 1970s in response to political and intellectual developments in the field of law. From the onset, feminist legal scholars were closely tied to the second-wave women's movement (Weisberg 1993). As more women entered law school, they began to problematize issues of sexual discrimination; as many of them became practitioners, they confronted difficulties "doing law" as feminists (Kay 1985, Littleton 1987). Feminist jurisprudence also emerged along with critical legal studies, forming part of a larger critique of legal liberalism and the inherent logic of law (Menkel-Meadow 1988). Feminist jurisprudence also arose at a time when sociologists of law had largely moved away from structural approaches toward ideological and interpretive frameworks (Seron & Munger 1996). Thus, the timing of feminist jurisprudence's birth shaped its subsequent maturation. These broad intellectual currents surfaced in the development of feminist jurisprudence--in its view of the law as a sexist ideolo gy, then as an interpretation of gender relations, and finally as a constitutive discourse.
Much of the early work in feminist jurisprudence chronicled the law as an institution of male dominance. Like many Marxist feminists, these scholars indicted the law as a tool and a symbol of male power. Echoing Hartmann (1976), they claimed that the law acted to secure private patriarchy--by excluding women from the public sphere and refusing to interfere in the domestic realm, the law ensured that women remained subordinate to men (Taub & Schneider 1982, Polan 1982). Moreover, echoing Rubin (1975), feminist legal theorists argued that law was constructed around the exchange and commodification of women (Rifkin 1980). The law distorted social reality in the interest of men and was thus integral to patriarchal culture (McIntosh 1978).
Such conspiratorial arguments were a sign of the times, reminiscent of early trends in feminist theory. Although provocative, these conspiracy theories soon proved to be limited. They were of little help to feminist practitioners in their struggles doing law. Nor did they offer particularly nuanced accounts of legal institutions. Like feminist theory in general, feminist jurisprudence began to shift focus to view the law as an interpretive structure that articulated powerful statements about gender differentiation. Throughout the 1980s, feminist scholars unearthed the legal system's gender regime and explicated the state of play of gender relations in legal doctrine. There was little consensus over the character of this regime: For some, the law's gender regime operated through its assumptions of gender difference, for others through its sameness standard, and for still others through its constitution of gendered subjects.
Gender Regimes of Difference and Sameness
The equality/difference debate within feminist jurisprudence is well documented in the literature (Fineman & Thomadsen 1991, Weisberg 1993, Smith 1993, Holland 1996). At the center of the debate were competing visions of the legal system's representation of gender. On one side were those scholars who viewed the law's insistence on gender difference as the core of its regime: by conceiving of women and men as fundamentally different, the law perpetuated discrimination against women. Commonly known as "equality feminists," these scholars analyzed the gendered assumptions of U.S. legal theory and practice. Like their feminist predecessors, they located the law's gender bias in women's exclusion from the rights granted to some men (Minow 1987). Their work documented the long history of such exclusion and linked it to classifications of "real" sex differences (Eisenstein 1988). In effect, they argued that the law reproduced gender inequality by adhering to an ideology of difference (Williams 1984). The solution wa s therefore clear: if the law's gender regime rested on sexual difference, it could be countered by accentuating sexual similarity. Equality feminists therefore pushed legal liberalism to its limits--claiming that the …
Prepared by Biju P R,Assistant Professor in Poltical Sceince,Govt Brennen College,Thalassery