scholarly journals Violation of Land as Violation of Feminine Space: An Ecofeminist Reading of Mother Forest and Mayilamma

2021 ◽  
Vol 12 (2) ◽  
pp. 13-32
Author(s):  
Anugraha Madhavan ◽  
Sharmila Narayana
Keyword(s):  
Native Americans ◽  
Feminist Theory ◽  
Legal Theory ◽  
Law School ◽  
Women Studies ◽  
Separate Spheres ◽  
Colonial India ◽  
The Public Sphere ◽  
Tribal Land ◽  
Political Weekly

Agarwal, B. (1992). The gender and environment debate: Lessons from India. Feminist Studies, 18(1), 119-158.  https:// doi.org/ 10.2307/ 3178217. Althuser, L. (1971). Ideology and ideological state apparatuses (Notes toward an investigation). Lenin and philosophy, and other essays (B.Brewster, Trans.). Monthly Review Press, 1971. Basha, C. (2017). Tribal land alienation: A sociological analysis. International Journal of Advanced Educational Research, 2(3), 78–81. http:// www.educationjournal.org/archives/2017/vol2/issue3. Berman, T. (1993). Towards an integrative ecofeminist praxis. Canadian Women Studies, 13(3), 15–17. cws.journals.yorku.ca/ index.php/ cws/ article/ viewFile/10402/949. Béteille, A. (1986). The concept of tribe with special reference to India. European Journal of Sociology, 27(2), 296–318. https:// doi.org/ 10.1017/S000397560000463X Bhaskaran. (2004). Mother forest: The unfinished story of C K Janu (N Ravi Shankar, Trans). Kali for Women. Bijoy, C R. (2001). The Adivasis of India – A history of discrimination, conflict and resistance. Indigenous Affairs, Jan, 54-61.  https:// www.researchgate.net/publication/295315229. Bose, N. K. (1971). Tribal life in India. National Book Trust. Crenshaw, K. (1989). Demarginalizing the intersection of race and sex: A black feminist critique of antidiscrimination doctrine, feminist theory, and antiracist politics. Feminist Legal Theory, 1, 139–167. https://doi.org/10.4324/9780429500480-5. Crenshaw, K. (2017). Kimberlé Crenshaw on intersectionality, More than two decades later. Columbia Law School. www.law.columbia.edu/pt-br/news/2017/06/kimberle-crenshaw-intersectionality. Das, V. (2011). Orissa: Mining bauxite, maiming people. Economic & Political Weekly, 38(28). https://www.epw.in/journal/2001/28/commentary/orissa-mining-bauxite-maiming-people.html. Devika, J. (2010). Caregiver vs. citizen? Reflections on ecofeminism from Kerala state, India. Man in India, 89(4), 751–769. http:// www.academia.edu/ Habermas, J. (1974). The public sphere: An encyclopedia article (1964). New German Critique, 3, 49–55. https://doi.org/10.4324/9780367809195-3. Lewis, D. R. (1995). Native Americans and the environment: A survey of twentieth-century issues. American Indian Quarterly, 19(3), 423-450. https://doi.org/10.2307/1185599. Limpangog, C P. (2016) Matrix of domination. The Wiley Blackwell Encyclopedia of Gender and Sexuality Studies, 1–3.  https:// doi.org/10.2307/3178217. Mahtab, M. (2018) When the Santhals rebelled. The Daily Star. Retrieved November 25, 2019, from https://www.thedailystar.net/in-focus/when-the-santhals-rebelled-1245196. Merchant, C. (1999). Ecofeminism and feminist theory. Reweaving the World: The Emergence of Ecofeminism, 100-105. Sierra Club Books. Merchant, C. (2014). Earthcare: Women and the environment. Routledge. Oberhauser, A. M., Fluri, J. L., Whitson, R. & Mollet, S. (2018). Feminist spaces: Gender and geography in a global context. Routledge. Ortner, S. (1974). Is female to male as nature is to culture? Woman, Culture, and Society (Michelle Rosaldo and Louise Lamphere, Eds). Stanford University Press. Oskarsson, P. (2018). Adivasi land rights and dispossession. Landlock: Paralysing Dispute over Minerals on Adivasi Land in India, 14, 29–50. www.jstor.org/stable/j.ctv75d8rq.8. Pariyadath, J. (2018). Mayilamma: The life of a tribal eco-warrior. (Swarnalatha Rangarajan and Sreejith Varma, Trans). Orient BlackSwan. Pedersen, K. (1998). Environmentalism in interreligious perspective. Explorations in global ethics. (Sumner Twiss and Bruce Grelle, Eds.). Westview Press. Pulido, L. (1996). Environmentalism and economic justice: Two Chicano struggles in the Southwest. University of Arizona Press. Rangarajan, S, and Varma, S R. (2018). Introduction. Mayilamma: The life of a tribal eco-warrior (pp. xxi-xxxix). Orient BlackSwan. Ranjan, R. (2018). Birsa Munda and his struggle in colonial India. Talking Humanities. Retrieved on November 26, 2019, from https://talkinghumanities.blogs.sas.ac.uk/2018/02/13/birsa-munda-and-his-struggle-in-colonial-india/. Shankar, R. (2004). Translator’s note. Mother Forest: The unfinished story of C K Janu (pp. ix-xii). Kali for Women. Showalter, E. (1981). Feminist criticism in the wilderness. Critical Inquiry, 8(2), 179-205. http://www.jstor.org/stable/1343159. Varma, S. R., & Rangarajan, S. (2018). The politics of land, water and toxins: Reading the life-narratives of three women oikos-carers from Kerala. In D. A. Vakoch & S. Mickey (Eds.) Women and nature?: Beyond dualism in gender, body, and environment (pp. 167–184). Routledge. Vickery, A. (1993). Golden age to separate spheres? A review of the categories and chronology of English women’s history. The Historical Journal, 36(2), 383–414. www.jstor.org/stable/2639654. Warren, K. J. (2000). Ecofeminist philosophy. Rowman & Littlefield Publishers. Williams, R. (1983). Keywords: A vocabulary of culture and society. Oxford University Press. Xaxa, V. (1999). Transformation of tribes in India: Terms of discourse. Economic and Political Weekly, 34(24), 1519–1524. https:// www.jstor.org/stable/4408077.

scholarly journals Order, experience, and critique: The phenomenological method in political and legal theory

2021 ◽  
Author(s):  
Sophie Loidolt
Keyword(s):  
Best Practice ◽  
Legal Theory ◽  
Legal Issues ◽  
Main Task ◽  
Phenomenological Method ◽  
The Public ◽  
Practice Models ◽  
Critical Phenomenology ◽  
Flexible Framework ◽  
The Public Sphere

AbstractThe paper investigates phenomenology’s possibilities to describe, reflect and critically analyse political and legal orders. It presents a “toolbox” of methodological reflections, tools and topics, by relating to the classics of the tradition and to the emerging movement of “critical phenomenology,” as well as by touching upon current issues such as experiences of rightlessness, experiences in the digital lifeworld, and experiences of the public sphere. It is argued that phenomenology provides us with a dynamic methodological framework that emphasizes correlational, co-constitutional, and interrelational structures, and thus pays attention to modes of givenness, the making and unmaking of “world,” and, thereby, the inter/subjective, affective, and bodily constitution of meaning. In the case of political and legal orders, questions of power, exclusion, and normativity are central issues. By looking at “best practice” models such as Hannah Arendt’s analyses, the paper points out an analytical tool and flexible framework of “spaces of meaning” that phenomenologists can use and modify as they go along. In the current debates on political and legal issues, the author sees the main task of phenomenology to reclaim experience as world-building and world-opening, also in a normative sense, and to demonstrate how structures and orders are lived while they condition and form spaces of meaning. If we want to understand, criticize, act, or change something, this subjective and intersubjective perspective will remain indispensable.

14. Feminist theory

2017 ◽  
Author(s):  
Raymond Wacks
Keyword(s):  
Feminist Theory ◽  
Legal System ◽  
Legal Theory ◽  
Legal Education ◽  
Radical Feminism ◽  
Feminist Legal Theory ◽  
Liberal Feminism ◽  
Postmodern Feminism ◽  
The Law

While orthodox legal theory has purported to be gender-blind, it often neglects or in some instances even ignores the position of women. This silence has been criticized by feminist theorists who have placed discrimination against, and the subordination of, women firmly on the jurisprudential agenda. It is a development that has had an enormous impact on legal education. It extends also to almost every branch of the law and legal system. This chapter examines the key elements of feminist legal theory, including the following: the origins of feminism; and legal feminisms (liberal feminism, radical feminism, postmodern feminism, and difference feminism).

13. Critical legal theory

2017 ◽  
Author(s):  
Raymond Wacks
Keyword(s):  
Critical Race Theory ◽  
Feminist Theory ◽  
Jacques Derrida ◽  
Legal Theory ◽  
Free Market ◽  
Political Order ◽  
Race Theory ◽  
Legal Studies ◽  
Racial Domination ◽  
Critical Legal Theory

All critical legal theorists share a deep cynicism about many of the important questions of legal theory. Fundamentally they reject many of the assumptions of both the legal and political order: for example, the free market, ‘meta-narratives’, and male or racial domination. This chapter first discusses the development of critical legal studies and then turns to postmodern legal theory, considering the views of Jacques Lacan, Jacques Derrida, Michel Foucault, and Jürgen Habermas. It then goes on to outlines the principal claims of critical race theory (CRT). It also considers the relationships between CRT and feminist theory and CRT and postmodernism.

scholarly journals Withdrawing from politics? Gender, agency and women ex-fighters in Nepal

2020 ◽  
Vol 51 (6) ◽  
pp. 519-536 ◽  
Author(s):  
Hanna Ketola
Keyword(s):  
International Relations ◽  
Public Sphere ◽  
Feminist Theory ◽  
Gender Norms ◽  
Security Studies ◽  
The Public ◽  
Post Conflict ◽  
Liberal Peace ◽  
The Public Sphere ◽  
Experiences Of Women

Conceptualizations of post-conflict agency have been widely debated in feminist security studies and critical international relations studies. This article distinguishes between three feminist approaches to post-conflict agency: narrative of return, representations of agency and local agency. It argues that all these approaches in distinct ways emphasize a modality of agency as resistance. To offer a more encompassing account of post-conflict agency the article engages Saba Mahmood’s (2012) critique of the modality of agency in feminist theory and her decoupling of agency from resistance. The article explores experiences of women who fought in the People’s Liberation Army (PLA) in Nepal. It focuses on ‘withdrawing from politics’, a dynamic whereby women ex-fighters move away from party activities and the public sphere, and rearticulates this withdrawing as a location of political agency. The article argues that being an ‘ex-PLA’ emerges as a form of subjectivity that is crafted through experiencing war and encountering peacebuilding, enabling a production of heterogeneous modalities of agency in the post-conflict context. By examining these modalities, the article challenges us to rethink post-conflict agency beyond the capacity to subvert regulatory gender norms and/or discourses of liberal peace.

scholarly journals FROM THE EDITORS

Legal Theory ◽  
2018 ◽  
Vol 24 (1) ◽  
pp. 1-2
Author(s):  
Larry Alexander ◽  
Mitchell Berman ◽  
Connie Rosati ◽  
Scott Shapiro
Keyword(s):  
San Diego ◽  
Legal Theory ◽  
Law School ◽  
University Of California ◽  
University Of Pennsylvania ◽  
University Of Arizona ◽  
Editorial Work ◽  
David Brink

The last year has seen major changes at Legal Theory. Two of the journals’ editors—David Brink (Professor of Philosophy, University of California, San Diego) and Matthew Adler (Professor of Law, Duke Law School)—stepped down after years of outstanding editorial work. We gratefully acknowledge their invaluable contributions in sustaining and improving the journal. As each editor stepped down, a new editor stepped in. Connie Rosati (Professor of Philosophy, University of Arizona) began work as an editor in the fall of 2016. In the spring of 2017, Mitchell Berman (Professor of Law, University of Pennsylvania Law School) joined the journal.

scholarly journals Feminism and the Public Sphere in Anne Brontë's The Tenant of Wildfell Hall

1998 ◽  
Vol 53 (1) ◽  
pp. 1-24 ◽  
Author(s):  
Rachel K. Carnell
Keyword(s):  
Eighteenth Century ◽  
Public Sphere ◽  
Historical Context ◽  
Narrative Structure ◽  
Century Model ◽  
Separate Spheres ◽  
The Public ◽  
Cultural Power ◽  
The Public Sphere ◽  
Different Levels

The bipartite narrative structure of Anne Brontë's The Tenant of Wildfell Hall (1848) has been interpreted recently as an attempt to subvert the traditional Victorian rubric of separate spheres. Reconsidering this novel in terms of Jürgen Habermas's concept of the eighteenth-century public sphere broadens the historical context for the way we understand the separate spheres. Within Brontë's critique of Victorian gender roles, we may identify a reluctance to address the Chartist-influenced class challenges to an older version of the public good. In hearkening back to an eighteenth-century model of the public sphere, Brontë espouses not so much a twentieth-century-style challenge to the Victorian model of separate spheres as a nineteenth-century-style nostalgia for the classical liberal model of bourgeois public debate. At the same time, the awkward rupture in Brontë's narrative represents the inherent contradictions between the different levels of discourse-literary, political, and scientific-within the public sphere itself and the complex ways in which these contradictions are both accorded and denied cultural power.

The Problematics of Moral and Legal Theory, by Richard A. Posner. Cambridge (MA): The Belknap Press of Harvard University Press, 1999. 320 pp.

2000 ◽  
Vol 9 (3) ◽  
pp. 429-434 ◽  
Author(s):  
Ben A. Rich
Keyword(s):  
Legal Theory ◽  
Harvard University ◽  
Law School ◽  
Ronald Dworkin ◽  
Prolific Author ◽  
Senior Lecturer ◽  
Scholarly Journals ◽  
Court Of Appeals ◽  
The University ◽  
The U.S

In his professional life, Richard Posner is addressed as “Your Honor,” inasmuch as he is Chief Judge of the U.S. Court of Appeals for the Seventh Circuit. He is also a senior lecturer at the University of Chicago Law School. Finally, he is a prolific author of books and articles in scholarly journals in which he expounds at length and with copious footnotes his particular views of jurisprudence and public policy. One of his frequent intellectual adversaries, legal philosopher Ronald Dworkin, wryly described Judge Posner as “the lazy judge who writes a book before breakfast, decides several cases before noon, teaches all afternoon at the Chicago Law School, and performs brain surgery after dinner.”

Law of Nations Theory and the Native Sovereignty Debates in Colonial India

2019 ◽  
Vol 38 (2) ◽  
pp. 373-407
Author(s):  
Zak Leonard
Keyword(s):  
Public Sphere ◽  
International Law ◽  
East India Company ◽  
Concerted Effort ◽  
Colonial India ◽  
The Public ◽  
High Ranking ◽  
Native Sovereignty ◽  
Law Of Nations ◽  
The Public Sphere

Beginning in the 1840s, high-ranking officials within the East India Company began a concerted effort to confiscate and annex princely states, citing misrule or a default of blood heirs. In response, metropolitan reformers and their Indian allies orchestrated a sustained legalistic defense of native sovereignty in the public sphere and emerged as vocal opponents of colonial expansionism. Adapting concepts put forth by both law of nations theorists and contemporary jurists, they sought to preserve longstanding treaties and defend the princes' exercise of internal sovereignty. The colonial government's failure to adequately define the basis of its modern “paramountcy” invited such creative maneuvering. Reformist opposition to the annexation of Awadh, the dispossession of the Nawab of the Carnatic, and the confiscation of Mysore demonstrates that international law did not simply function as a Eurocentric tool of subordination, but could also provide a bulwark against colonial depredations.

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