Ute Gerhard places women's rights at the center of legal philosophy and sees the struggle for equality as a driving force in the history of law. Focusing on Europe and taking the course of German feminism and law as primary examples, she incorporates the various social contexts in which questions of equality and gender difference have been raised into an analysis that challenges misconceptions about the principle of equality itself.
Gerhard reviews the history of women's movements in the nineteenth and twentieth centuries and traces the historical development of claims to gender equality as well as obstacles to these claims. Critically exploring the influence of philosophers such as Rousseau, Fichte, and Kant, Gerhard concludes that women need to be recognized as both equal and different-that claims to equality do not simply eliminate difference, but also articulate it. Mindful of the social and political contexts surrounding equality arguments, Gerhard probes three legal issues: women's rights in the public sphere, especially the right to vote; women's legal capacities in private law, or the legal doctrine of so-called gender tutelage; and women's human rights, a prominent concern in the current international women's movement.An acclaimed political theorist offers a fresh, interdisciplinary analysis of the politics of refusal, highlighting the promise of a feminist politics that does not simply withdraw from the status quo but also transforms it.
The Bacchae, Euripides’s fifth-century tragedy, famously depicts the wine god Dionysus and the women who follow him as indolent, drunken, mad. But Bonnie Honig sees the women differently. They reject work, not out of laziness, but because they have had enough of women’s routine obedience. Later they escape prison, leave the city of Thebes, explore alternative lifestyles, kill the king, and then return to claim the city. Their “arc of refusal,” Honig argues, can inspire a new feminist politics of refusal.
Refusal, the withdrawal from unjust political and economic systems, is a key theme in political philosophy. Its best-known literary avatar is Herman Melville’s Bartleby, whose response to every request is, “I prefer not to.” A feminist politics of refusal, by contrast, cannot simply decline to participate in the machinations of power. Honig argues that a feminist refusal aims at transformation and, ultimately, self-governance. Withdrawal is a first step, not the end game.
Rethinking the concepts of refusal in the work of Giorgio Agamben, Adriana Cavarero, and Saidiya Hartman, Honig places collective efforts toward self-governance at refusal’s core and, in doing so, invigorates discourse on civil and uncivil disobedience. She seeks new protagonists in film, art, and in historical and fictional figures including Sophocles’s Antigone, Ovid’s Procne, Charlie Chaplin’s Tramp, Leonardo da Vinci’s Madonna, and Muhammad Ali. Rather than decline the corruptions of politics, these agents of refusal join the women of Thebes first in saying no and then in risking to undertake transformative action.
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