Governance Feminism: An Introduction PDF
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Governance Feminism This page intentionally left blank Governance Feminism AN INTRODUCTION Janet Halley, Prabha Kotiswaran, Rachel Rebouché, and Hila Shamir University of Minnesota Press Minneapolis London The University of Minnesota Press gratefully acknowledges the generous a ssistance provided for the publication of this book by the Margaret S. Harding Memorial Endowment, honoring the first director of the University of Minnesota Press. Small portions of chapter 4 were published as Prabha Kotiswaran, “A Bittersweet Moment: Indian Governance Feminism and the 2013 Rape Law Reforms,” Economic & Political Weekly 52, nos. 25– 26 (2017): 78– 87. Small portions of chapter 6 were published as Rachel Rebouché, “Testing Sex,” University of Richmond Law Review 49 (2015): 519– 77, and as Rachel Rebouché, “Abortion Rights as Human Rights,” Social and Legal Studies 25 (2016): 765– 82. Copyright 2018 by the Regents of the University of Minnesota All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. Published by the University of Minnesota Press 111 Third Avenue South, Suite 290 Minneapolis, MN 55401- 2520 http://www.upress.umn.edu Printed in the United States of America on acid- free paper The University of Minnesota is an equal- opportunity educator and employer. Library of Congress Cataloging- in- Publication Data Names: Halley, Janet E., author. Title: Governance feminism : an introduction / Janet Halley, [and three others]. Description: Minneapolis : University of Minnesota Press, [2018] | Includes bibliographical references and index. | Identifiers: LCCN 2017018693 (print) | ISBN 978-0-8166-9845-5 (hc) | ISBN 978-0-8166-9847-9 (pb) Subjects: LCSH: Feminism— Political aspects. Classification: LCC HQ1236 .H274 2018 (print) | DDC 320.56/22— dc23 LC rec ord available at https:// lccn . loc . gov / 2017018693 UMP BmB 2018 In memory of Helen Reece This page intentionally left blank Contents Preface: Introducing Governance Feminism ix Janet Halley Abbreviations xxiii PART I Varieties of Governance Feminism 1 Where in the Legal Order Have Feminists Gained Inclusion? 3 Janet Halley 2 Which Forms of Feminism Have Gained Inclusion? 23 Janet Halley 3 Dancing across the Minefield: Feminists Reflect on Generating, Owning, and Critiquing Power 55 Janet Halley PART II From the Transnational to the Local 4 Governance Feminism in the Postcolony: Reforming India’s Rape Laws 75 Prabha Kotiswaran 5 Anti- trafficking in Israel: Neo- abolitionist Feminists, Markets, Borders, and the State 149 Hila Shamir 6 When Rights Return: Feminist Advocacy for Women’s Reproductive Rights and against Sex- Selective Abortion 201 Rachel Rebouché Conclusion. Distribution and Decision: Assessing Governance Feminism 253 Janet Halley Acknowledgments 269 Index 275 PREFACE Introducing Governance Feminism JANET HALLEY Feminists now walk the halls of power. By no means all feminists: some forms of feminism disqualify their proponents from inclusion in the power elite. But you can get a job in the United Nations, the World Bank, the International Criminal Court, the local prosecutor’s office, and the child welfare bureaucracy for espousing various strands of feminism. Exactly what forms of feminism “make sense” to power elites as they gradually let women in? What happens when feminists and feminist ideas find their way into legal institutions and change le- gal thought and legal operations? Whose nongovernmental organiza- tions get funding from international aid and development agencies and from ideologically driven private donors? Once feminists gain a foothold in governance, what do they do there and which particular legal forms are they most heavily invested in? What are the distribu- tive consequences of the partial inclusion of some feminist projects? Who benefits and who loses? Can feminism foster a critique of its own successes? The four authors of this book have dubbed our topic Governance Feminism (GF). By that we1 mean every form in which feminists and feminist ideas exert a governing will within human affairs: to follow Michel Foucault’s definition of governmentality, every form in which feminists and feminist ideas “conduct the conduct of men.”2 And of course that does not include only male human beings but all of us, and not only all human affairs but also human- inflected processes like knowledge formation, technology, and even the weather. We wish this ix
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