- The imaginary lines are made to look as though they describe reality by reiterating distinctions and offering pairs of ‘choices' which seem unrelated to other pairs but which correspond (literally) with each other. Examples include ‘core’ versus ‘elective’; ‘hard’ versus ‘soft’; ‘professional’ versus ‘trade’; ‘reality’ (unnamed masculinist) versus ‘feminist’, ‘subjective’ or ‘political’.
- Thomas Kuhn's notion of knowledge always existing within, and always shaped by a ‘paradigm’ has now been superseded by the idea of narratives or stories. (Thomas Kuhn, The Structure of Scientific Revolutions, Chicago: University of Chicago Press, 1962). The use of the idea of stories to signal the partiality and locatedness of any account of truth about the world has proven very demystifying for feminist analysts in a variety of disciplines. The feminist and/or poststructural literature on the construction of truth and reality is vast. Examples include Michel Foucault, The Archaeology of Knowledge and the Discourse on Language, New York: Pantheon Books, (Trans. A. M. Sheridan Smith) 1972; Michel Foucault, ‘The Subject and Power,’ (1982) 8 Critical Enquiry, Summer, 1982, 777; Sandra Harding, (ed.) Feminism and Methodology, Bloomington: Indiana University Press; Judith Grbich on methodologies for the analysis of genealogies of imaginative belief: Judith Grbich, ‘The Taxpayer's ‘Body: Genealogies of Exertion’, in Pheng Cheah, David Fraser and Judith Grbich, (eds.) Thinking Through the Body of the Law, St. Leonards, N.S.W: Allen and Unwin, 1996, Introduction & 136. For a recent exposition of ‘stories' see Susan Sage Heinzelmann and Zipporah Batshaw Wiseman (eds.) Representing Women: Law, Literature, and Feminism, Durham: Duke University Press, 1994.
- Carol Pateman, “‘The Disorder of Women”: Women, Love, and the Sense of justice’, in Carol Pateman, The Disorder of Women: Democracy, Feminism and Political Theory, Cambridge: Polity Press, 1989, 17.
- Ian Duncanson, ‘Degrees of Law’, Griffith Law Review, 1997 (forthcoming).
- This imaginative belief reiterates the three hundred year old imaginative heteromasculinist ‘mind’ versus ‘body’ distinction. The representation of ‘law’ as ‘hard’ is part of a set of reiterations which give the appearance of truth to the idea of disembodied mind.
- Australian students have paid some fees for tertiary education for a number of years now. In late 1996, the federal government announced its intention to increase fees, particularly for students studying for qualification in a number of professions, including law.
- Ian Duncanson, ‘Broadening the Discipline of Law’, (1994) 19 Melbourne University Law Review, 1075.
- Margaret Davies, Asking the Law Question, Sydney: The Law Book Company, 1994, 20.
- Ibid, 19.
- Colin Sumner, Series Editor's Introduction, in Maureen Cain and Christine B. Harrington, (eds.) Lawyers in a Postmodern World: Translation and Transgression, Buckingham: Open University Press, 1994, xi.
- Exceptions include Judith Grbich, ‘The Taxpayer's ‘Body’, above n2; Anne Orford, ‘Liberty, Equality, Pornography: The Bodies of Women and Human Rights Discourse’, (1994) 3 Australian Feminist Law Journal, August, 72; Alison Young, Imagining Crime: Textual Outlaws and Criminal Conversations, London: Sage, 1996; Margaret Davies, ‘Feminist Appropriations: Law, Personality and Property’, (1994) 3 Social and Legal Studies, 365.
- Pheng Cheah, David Fraser and Judith Grbich, ‘Introduction: The Body of the Law’ in Pheng Cheah, David Fraser and Judith Grbich (eds), Thinking Through the Body of the Law, St Leonards: Allen & Unwin, 1996, xi, at xv.
- Pheng Cheah and Elizabeth Grosz,‘The Body of the Law: Notes Toward a Theory of Corporeal Justice’ in Cheah, Fraser and Grbich (eds), Thinking Through the Body of the Law, 3, at 23.
- Ibid, 24.
- Ibid, 10.
- Elizabeth Povinelli, ‘Of Pleasure and Property: Sexuality and Sovereignty in Aboriginal Australia’ in Cheah, Fraser and Grbich (eds), Thinking Through the Body of the Law, 80, at 82.
- Rosalyn Diprose, ‘The Gift, Sexed Body Property and the Law’ in Cheah, Fraser and Grbich (eds), Thinking Through the Body of the Law, 120, at 134–5.
- Terry Threadgold, ‘Black Man, White Woman, Irresistable Impulse: Media, Law and Literature Making the Black Murderer’, in Cheah, Fraser and Grbich (eds), Thinking Through the Body of the Law, 163, at 185.
- Moira Gatens, ‘Spinoza, Law and Responsibility’, in Cheah, Fraser and Grbich (eds), Thinking Through the Body of the Law, 26, at 26.
- Ibid, 40.
- Frances Olsen, ‘Do (Only) Women Have Bodies?’ in Cheah, Fraser and Grbich (eds), Thinking Through the Body of the Law, 209, at 226.
- Ibid, 219.
- Gender Bias and the Law Project, Heroines of Fortitude: the Experiences of Women in Court as Victims of Sexual Assault, Department for Women, New South Wales Government, Sydney, 1996.
- Alison Young, Imagining Crime, Sage: London, 1996, 37.
- Ibid, 21.
- Ibid, 26.
- Ibid, 49.
- Ibid, 52.
- Ibid, 64.
- Ibid, 75.
- Ibid, 77.
- Ibid, 1.
- Ibid, 15.
- Ibid, 80.
- Ibid, 93.
- Ibid, 92.
- Ibid, 91.
- Michel Foucault, I, Pierre Riviere, Having Slaughtered my Mother, My Sister and My Brother…, New York: Pantheon, 1975, 205–206.
- Young, Imagining Crime, above n1, 111–112.
- Ibid, 115.
- Ibid, 137.
- Ibid, 137.
- Ibid, 147.
- Ibid, 179.
- Ibid, 207.
- Ibid, 210.
- Ibid, 209.
- Ibid, 211.
- The exceptions include Pheng Cheah, David Fraser and Judith Grbich (eds), Thinking Through the Body of the Law, St Leonards: Allen and Unwin, 1996; Peter Goodrich, ‘Specula Laws: Image, Aesthetic and Common Law’ (1991) II(2) Law & Critique 233; Carl Stychin, Law's Desire, London: Routledge, 1996
- Jeff Ferrell and Clinton R. Sanders, ‘Culture, Crime and Crimininology’ in Jeff Ferrell and Clinton R. Sanders (eds), Cultural Criminology, Boston: Northeastern University Press, 3, at 3.
- A recent example would be the publication of the Oxford Handbook of Criminology. This vast tome promises itself as the last word on what is and what is not modern criminology: Robert Maguire, Rod Morgan and Rob Reiner (eds), The Oxford Handbook of Criminology, Oxford: Oxford University Press, 1994.
- Jeff Ferrell and Clinton R. Sanders, ‘Toward a Cultural Criminology’ in Ferrell and Clinton (eds), Cultural Criminology, 297.
- Ibid, 298.
- Ibid, 300.
- Ibid, 301.
- Ibid.
- Ibid.
- Alison Young, Imagining Crime, London: Sage, 1996, 34.
- See Stan Cohen, Folk Devils and Moral Panics, London: MacGibbon and Kee, 1972; Paul Willis, Learning to Labour, New York: Columbia University Press, 1977.
Australian Feminist Law Journal
Volume 8, 1997 - Issue 1
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