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CentreLGS Conference: Theorising Intersectionality

Saturday 21 - Sunday 22 May 2005 @ Keele University

Abstracts:

To view participants abstracts, please click on the alphabetical links below (abstracts are listed by surname), or download the full list of abstracts in Microsoft Word format.

A - B | C - D | E - G | H - J | K | L - P | Q - R | S | T - V | W - Z

Elvia Arriola
Northern Illinois University

Paper Title: Unpacking An zaldua’s Mestiza Consciousness for a Latina Lesbian Legal Theory: Or Latinizing Robson’s Lesbian Legal Theory?

Abstract: This paper will extend ideas I have begun to develop for the Latina experience in response to Ruthann Robson’s lesbian legal theory. In earlier criticisms of Robson’s work I expressed concern for the absence of race, class or cultural specificity. Robson, however, if examined more carefully does offer avenues for cultural specificity of the lesbian identity and experience. (Incendiary Categories in Sappho Goes to Law School). The recently deceased Latina lesbian cultural theorist Gloria Anzaldua also offered an avenue for locating a culturally specific latina lesbian experience through her framework of "hybridit," or what she labelled "mestiza consciousness." Hybridity is analogous to the frameworks of a number of other queer/race/fem crit scholars (Valdes, Hutchinson, Hernandex-Truyol, Kwan, Crenshaw, Harris). I first hope to present the possibilities for a latina lesbian legal theory by mining the works of latina lesbians who broke ground for the voices of women of color in the eighties with such landmark studies as This Bridge Called My Back. After grounding the place for a lesbian experience that is specifically shaped by hybridity (or the intersectional experiences of race, class, citizenship, etc.), I plan to examine a few legal cases to show how Latina/o cultural attitudes about gender and sexuality impact on the Latina lesbian caught in a legal conflict or how Anglo attitudes about Latina/os and lesbians highlight the costs of visibility for lesbians of color. Because antilesbianism or homophobia is grounded in attitudes of gender and sexuality in every cultural/racial/social group, it is significant to this project to illustrate the tensions presented by a lesbian legal theory that isolates gender and sexuality attitudes from the context of one’s class and social location (e.g., Latin country versus Anglo-dominant cultures like the U.S.). The legal contexts I intend to draw upon for working out these thoughts involve a) the election of an out lesbian to the Mexican legislature; b) the use of homophobia in the prosecution of Bernina Mata, a poor, Mexican-American latina lesbian for the murder of her female lover; and c) two cases of domestic violence in which the battering enacts antilesbian/homophobic rage which is then oddly used to celebrate "traditional Latino values."

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Lakshmi Arya


Paper Title: 'The Uniform Civil Code in India: Transcendence and Difference in the Politics of Identity'

Abstract: The 'postcolonial feminist intellectual' who has critiqued the universalisms of Western feminism for ignoring the intersections of race and class in the construction of gender, finds herself similarly embattled in her local contexts. This is evident in the debates surrounding the proposed enactment of a Uniform Civil Code (UCC) in India. In some feminist arguments that support the UCC, a uniform civil law is seen as providing a sphere of rights to Indian women of different religions, castes and communities, that is alternative to the rights—or wrongs—given to them by religious laws. The latter are encoded in the form of the “personal laws” of the various religious denominations in contemporary India. Critics of this vision of gender justice have pointed to the plurality of religions, castes, regions, languages and communities in India and the unequal power relations that mark these sites, making the prioritization of gender over other identifications both a reversal to a primordial essentialism and a liberal ruse that excludes other axes of power and their politics, thereby hegemonizing already existing sites of dominance. In articulating this opposition, these critics themselves seem to identify religion and caste as primary identifications, which subsume gendered identities as subsets within them.

Identifications, of course, can be multiple and cross- cutting—or intersecting. However, the very logic of repudiation or exclusion by which identifications emerge as neat, plural categories that can intersect, or be related, is contested by certain post-structuralist theorists, such as Judith Butler, who see the constitution of “positions” or “categories” as an effect of the exclusionary operations of the liberal state that attribute a false uniformity to them. What results from Butler’s argument is a universal matrix of gender relations, which subsumes all other identifications within it and wherein sexed positions are also unstable. What effects do such theoretical positions that collapse distinctions and boundaries, as also those that posit separation, have for the identity politics of gender, caste and religion? I would like to explore this negotiation between transcendence and difference in the context of the politics of caste and religious identities, as “intersectable”, relatable entities, in relation to the notion of the transcendental ‘universal’, within the debate of the Uniform Civil Code in India. I would utilize insights drawn from histories of similar debates engendered in the colonial encounter of India and Britain.

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Doris Buss
Carleton University, Canada

Paper Title: 'War crimes and the gender of community'

Abstract: In 1993 and 1994, the conflicts in Yugoslavia took a horrifying turn in the eyes of the Western world as reports emerged of the commission of mass atrocities including concentration camps and, what became known as ‘rape camps’, places where (primarily) Muslim women were held for periods of time and subjected to rape and other abuses. Feminist scholars and activists mobilised to secure greater international action on, and recognition of the violence against women, both in war and peacetime. The feminist legal literature from this time reflects a concern with strengthening international law relating to wartime sexual offences, but also with uncertainty about how to understand, and hence legally respond to wartime rape in the context of Yugoslavia. For some feminists, such as Catherine MacKinnon, the mass rape of Bosnian women needed to be seen as continuous with, and the most logical extension of, ‘everyday’ violence against women. Ethnic or community identity of the women constituted ‘layers’ of oppression, at the base of which was gender. For others, MacKinnon’s rhetorical and vituperative writings failed to adequately recognise the racialised dimension of the incidences of mass rape in Yugoslavia. Women were targeted not just because of their gender, but also because of their imputed ethnic identity. Greater attention to race was needed.

Ten years later and the ad hoc tribunals for Yugoslavia and Rwanda are often proclaimed a feminist success story, yielding a number of important decisions recognising rape of women as a crime against humanity and genocide. Gone from the legal literature are the debates about the intersectional character of the mass rapes in these conflicts, and the troubling questions about the relationship between war and peacetime nature of violence against women. In this paper, I look at the jurisprudence of the war crimes tribunals to consider the courts’ characterisation of the intersection of race and gender. My interest here is in exploring how the court constructs and calls into being particular communities – Bosnian Muslim or Rwandan Tutsi – in order to classify acts of atrocity as international crimes. How does gender, and gender inequality in particular, articulate with race in the courts’ findings on the collective character of the war crimes committed? What images of race and gender emerge from these rulings? And to what extent does the courts’ willingness to consider the alignment of gender and race address some of the initial feminist debates about wartime violence against women in Yugoslavia?

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