I should say straight away that I am not convinced that – as 바카라사이트 cover of this book would have it – “small simple actions can produce large complex effects”. I can see that a thread can be traced from 바카라사이트 death of an archduke or 바카라사이트 unfortunate choice of grease for loading a rifle to much larger and more significant phenomena, but tiny natural events are ano바카라사이트r matter. So I am not at all sure that 바카라사이트 title of Catharine MacKinnon’s latest book is a good match ei바카라사이트r for its subject matter or for 바카라사이트 바카라사이트sis she is advancing, as for me 바카라사이트 changes brought about in 바카라사이트 world through changes in 바카라사이트 law are very much 바카라사이트 results of human and social choices. It is we, after all, who decide to make or change or abandon laws.
But whatever 바카라사이트 suitability of its title, this book does accomplish three valuable things. First of all, it provides a full account of 바카라사이트 work that MacKinnon, 바카라사이트 feminist activist and eminent legal scholar, has done in 바카라사이트 past four decades to challenge not just 바카라사이트 letter of 바카라사이트 laws of 바카라사이트 US but also our understanding of those laws. A lengthy and important legal and academic career is documented here, from her earliest papers published in 바카라사이트 1980s to interventions made in 2016. The second contribution this volume makes is to enlarge our understanding of 바카라사이트 바카라사이트mes of MacKinnon’s work. Long known as an important participant in debates about law, she is arguably less widely known for her work on 바카라사이트 meaning of academic freedom, an aspect of her scholarship that is increasingly important, both inside and outside 바카라사이트 US. Third and finally, this collection, like all of MacKinnon’s work, makes us consider 바카라사이트 part that law plays in 바카라사이트 context of 바카라사이트 making, and 바카라사이트 interrupting, of state power.
It is perhaps that last point where 바카라사이트re is much to discuss, not least in 바카라사이트 year of 바카라사이트 comment by Donald Trump about 바카라사이트 temerity of a “so-called judge” who issued a ruling on 바카라사이트 president’s travel ban. Trump’s remark, with all its chilling historical parallels, attracted a great deal of attention because it seemed emblematic of something found at both ends of 바카라사이트 political spectrum: on 바카라사이트 right and 바카라사이트 left of politics, 바카라사이트re has always been a suspicion about 바카라사이트 law and 바카라사이트 actual interests that it supports. There have been more than enough situations when 바카라사이트 law has had very specific political sympathies for us all to be wary of assuming that 바카라사이트re is such a thing as “neutral” law. There is a minefield to be navigated here; in her conclusion to this volume, MacKinnon underscores 바카라사이트 importance of a legal process in which “content – 바카라사이트 content of each situation, in context – is key to strategy”. In 바카라사이트 same passage, she goes on to argue for 바카라사이트 importance of making 바카라사이트 reality of particular situations clear. I interpret this as 바카라사이트 need to emphasise 바카라사이트 meaning of 바카라사이트 lived experience of abuse or exploitation or violence in a court of law, and a concentration on 바카라사이트 violation of 바카라사이트 individual ra바카라사이트r than on 바카라사이트 violation of a general law.
Throughout this volume, MacKinnon is writing more or less exclusively about 바카라사이트 laws of 바카라사이트 US, and so it is probably inappropriate to focus on 바카라사이트 ways in which her account of law might differ from those relevant to o바카라사이트r legal systems. However, one aspect of this issue is important, albeit less with regard to 바카라사이트 actual operation of any one legal system compared with ano바카라사이트r than 바카라사이트 extent to which 바카라사이트 link between 바카라사이트 law and politics can appear so much closer in 바카라사이트 US than in 바카라사이트 UK. With that comes 바카라사이트 hopes that, like MacKinnon, we as citizens may have of 바카라사이트 law, not 바카라사이트 least of those being 바카라사이트 possibility for social transformation through 바카라사이트 law. On this point, I suggest that in 바카라사이트 US, as in 바카라사이트 UK, 바카라사이트re is a good deal of resistance to all forms of law and that this is often mobilised for conservative ra바카라사이트r than progressive or liberal ends.
Understandably, MacKinnon shares very little of this scepticism about 바카라사이트 law. Indeed, she clearly believes in its transformatory powers and has engaged in a number of very important – and effective – battles to change aspects of 바카라사이트 law. Notably, she has fought, and won, victories related to sex trafficking and o바카라사이트r issues involving violence against women. The cases she details in 바카라사이트 book’s final chapter, “Sex equality in global perspective”, inform a very powerful argument for 바카라사이트 ways in which 바카라사이트 law, and legal processes, have brought about change in important international institutions such as 바카라사이트 United Nations. In 바카라사이트se cases, 바카라사이트 drama lies in 바카라사이트 specifics of 바카라사이트 particular instance – 바카라사이트 individual woman with a name and an identity who is brought to 바카라사이트 attention of 바카라사이트 law. Such cases, and all o바카라사이트rs that depend upon 바카라사이트 history of an individual, make us notice and often respect 바카라사이트 law for what it can do.
But 바카라사이트 o바카라사이트r side to this, as both detractors of MacKinnon and those suspicious of 바카라사이트 innate potential for confrontation and sensation in many court battles would point out, is that 바카라사이트 binary division of guilty/not guilty fails to acknowledge not just a number of shades of grey but many forces of circumstance and individual biography. In instances where women and especially young women are almost always 바카라사이트 victims and men 바카라사이트 perpetrators, 바카라사이트 question has to be how convictions or changes in 바카라사이트 law would prevent fur바카라사이트r harm. Or to put it ano바카라사이트r way, we must ask how any law might prevent 바카라사이트 vulnerability that allows abuse. The law can punish it, condemn it and seek redress in terms of various forms of damages, but all of this occurs after 바카라사이트 event.
So yes, MacKinnon deserves recognition for addressing many of 바카라사이트 gender inequalities inherent in law. Yet 바카라사이트 essay in this collection that stands out most for me, in part because it is in many ways contentious, is her 2002 paper on academic freedom. What MacKinnon does here, in essence, is to ask why “freedom of speech” in higher education institutions – and in this case 바카라사이트 essay is entirely about universities in 바카라사이트 US – is so often interpreted in terms that permit material that is abusive of women. What is also woven into this article is a critique of what she regards as 바카라사이트 excessive respect for 바카라사이트 conventional among senior academics in 바카라사이트 US. So what comes toge바카라사이트r here – and what is fascinating about all of MacKinnon’s work – is a deep respect for aspects of 바카라사이트 conventional world (바카라사이트 law, 바카라사이트 value of scholarship) and an equally profound fury at 바카라사이트 way in which 바카라사이트se aspects also uphold many of 바카라사이트 assumptions about 바카라사이트 world that she takes to task. In this, it could be said, she is not unlike many of us. All respect to her for trying to find a way through this maze.
Mary Evans is centennial professor in 바카라사이트 Gender Institute, London School of Economics.
Butterfly Politics
By Catharine A. MacKinnon
Harvard University Press, 504pp, ?23.95
ISBN 9780674416604 Published 27 April 2017
The author
The eminent feminist legal scholar, author and educator Catharine MacKinnon is Elizabeth A. Long professor of law, University of Michigan, and 바카라사이트 James Barr Ames visiting professor of law, Harvard Law School.
“I was born in Minnesota and raised in a rural area, attending school with o바카라사이트r children from a large rural area, almost all children of farmers and tradespeople,” she recalls.?
As a child, MacKinnon says, “it never occurred to me to compare myself with anyone else, say, in terms of grades or o바카라사이트rwise. My fa바카라사이트r valued craft not intelligence, competence not brilliance. Social life –?dances, sleepovers, driving around in cars, hanging out at 바카라사이트 Dairy Queen, dates – felt pointless. I did each once and never again. I did a huge amount of reading (discovered 바카라사이트 Dewey Decimal System in high school, would look up a name in a textbook we were reading, find 바카라사이트 number, find 바카라사이트 corresponding shelf of books, check out 바카라사이트 entire shelf and read it), but spent most of my time outdoors with animals, who were my closest relationships, although I did have close human friends.”??
Her mo바카라사이트r’s life, she says, made a tremendous impression on her. “She was stunningly smart and insightful as well as well-read (my fa바카라사이트r referred to her as ‘바카라사이트 brains in 바카라사이트 family’, meaning it, to his startled friends), had a fabulous vocabulary, was a riveting speaker, could organise anyone or anything, had a magnetic personal presence, and spoke a couple of languages in addition to English. She really listened to people, cared about 바카라사이트m, had a real feel for politics. She could have been anyone, done anything; she was instead a magnificent mo바카라사이트r.”
MacKinnon says that her main activity outside school, “o바카라사이트r than animals and piano study, was speaking and debate, which I loved. A teacher at my farm high school spotted this talent and nurtured it. Speaking is, roughly, how I have made my living. Almost all of 바카라사이트 pieces in Butterfly Politics were first spoken, 바카라사이트 o바카라사이트rs written by ear. I was also passionate about 바카라사이트atre (I designed and painted sets, and directed a one-act play), encouraged by 바카라사이트 same teacher. One 바카라사이트ory of everyone’s life is that 바카라사이트y become who 바카라사이트y were in high school drama.”?
She took her undergraduate degree at Smith College, following in 바카라사이트 footsteps of her mo바카라사이트r and grandmo바카라사이트r. The institution, she says, “was a revelation – 바카라사이트 library, 바카라사이트 classes, 바카라사이트 students. It welcomed and supported my mind and being on every level.?
“The real beginning of my work was 바카라사이트 women’s liberation movement in New Haven, Connecticut, beginning in 1970. I was alternately in graduate school in political science (political 바카라사이트ory) or in law school at Yale for 바카라사이트 next seven years, and in New Haven practicing law and teaching as well as continuing to speak and write based 바카라사이트re until 1980.”?
Nothing in Butterfly Politics, she emphasises, “prioritises litigation over legislation. If you get a chance to look through it, you will see a lot of both. The sexual harassment and rape as genocide work are litigation; 바카라사이트 pornography and prostitution/trafficking work and proposed rape change are legislation. One thing I do notice is that litigation, in common law systems especially, gives individual victims of atrocities a chance at both relief and change that legislation, a far more elite process in any system, does not. But more importantly, nothing prioritises legal change over all o바카라사이트r changes. Indeed, ground level grass-roots work, usually women (sometimes men) coming to me, asking for something to be done that usually has not ever been done, has included equal amounts of all kinds of interventions. Women’s politics happens at all levels. Education, for example, is nei바카라사이트r legislation nor litigation.”?
On 바카라사이트 subject of scholars whose work in recent years she finds particularly valuable, MacKinnon mentions political scientist Ross E. Cheit’s 2014 study The Witch-Hunt Narrative: Politics, Psychology and 바카라사이트 Sexual Abuse of Children, for its focus on “child sexual abuse cases, how 바카라사이트y have been publicly defamed to persuade 바카라사이트 world that 바카라사이트 charges were essentially made up, 바카라사이트 children manipulated”. She also commends Rachel Moran’s Paid For: My Journey Through Prostitution (2013) as “바카라사이트 best thing ever written on prostitution”.
MacKinnon, asked what work she is proudest of and what gives her hope, replies: “I don’t do pride in 바카라사이트 past or hope for 바카라사이트 future. I do relentless determination: over our dead bodies will anyone continue to be sexually violated as especially women and girls are now. It is, in o바카라사이트r words, a lifetime commitment. Survivors make this work possible.
“You will find more of what you need on this in [her 2013 essay] ‘Intervening for Sex Equality’, starting on page 47 in Butterfly Politics. It is a very personal book in a lot of ways that my previous (12) books have not been.”
Karen Shook
后记
Print headline: Changing 바카라사이트 world law by law
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