This paper presents a theory of the syntactic aspects of human sentence production. An important characteristic of unprepared speech is that overt pronunciation of a sentence can be initiated before the speaker has completely worked out the meaning content he or she is going to express in that sentence. Apparently, the speaker is able to build up a syntactically coherent utterance out of a series of syntactic fragments each rendering a new part of the meaning content. This incremental, left‐to‐right mode (...) of sentence production is the central capability of the proposed Incremental Procedural Grammar (IPG). Certain other properties of spontaneous speech, as derivable from speech errors, hesitations, self‐repairs, and language pathology, are accounted for as well.The psychological plausibility thus gained by the grammar appears compatible with a satisfactory level of linguistic plausibility in that sentences receive structural descriptions which are in line with current theories of grammar. More importantly, an explanation for the existence of configurational conditions on transformations and other linguistics rules is proposed.The basic design feature of IPG which gives rise to these psychologically and linguistically desirable properties, is the “Procedures + Stack” concept. Sentences are built not by a central constructing agency which overlooks the whole process but by a team of syntactic procedures (modules) which work—in parallel—on small parts of the sentence, have only a limited overview, and whose sole communication channel is a stack.IPG covers object complement constructions, interrogatives, and word order in main and subordinate clauses. It handles unbounded dependencies, crossserial dependencies and coordination phenomena such as gapping and conjunction reduction. It is also capable of generating self‐repairs and elliptical answers to questions. IPG has been implemented as an incremental Dutch sentence generator written in LISP. (shrink)

I here present two different models of oppressive speech. My interest is not in how speech can cause oppression, but in how speech can actually be an act of oppression. As we shall see, a particular type of speech act, the exercitive, enacts permissibility facts. Since oppressive speech enacts permissibility facts that oppress, speech must be exercitive in order for it to be an act of oppression. In what follows, I distinguish between two sorts of exercitive speech acts (the standard (...) exercitive and the covert exercitive) and I argue that each such exercitive affords a distinct model of oppressive speech. (shrink)

### ­ In Who shall go first? A multicriteria approach to patient selection for first clinical trials of cardiac xenotransplantation, Kögel et al recommend the inclusion of patients who (1) have a (high) medical need for an allograft, (2) have the capacity to benefit from a xenograft, (3) have a ‘real’ choice between enrolment in a first-in-human clinical trial and an alternative life-sustaining treatment option and (4) have no clear record of previous non-compliance.1 As the authors discuss, patient selection must (...) promote the goal of gaining reliable and valid knowledge about the risks and benefits of cardiac xenotransplantation. While the four criteria outlined above certainly promote this goal, we argue it is crucial to add a fifth criterion emphasising the need to include diverse populations, particularly regarding sex, age, ethnicity and socioeconomic background.i In this commentary, we present two arguments for our claim and discuss the impact of neglecting diversity from the first trials on. ### The scientific rationale for including diverse populations First, including diverse populations in the first clinical trials of cardiac xenotransplantation enhances the scientific value of the data by assessing safety and efficacy among various populations. Treatment response can differ among patient (sub)groups as a result of genetic, physiological and socioeconomic factors.2 By including diverse populations from the first trials on, researchers can identify these …. (shrink)

This open access book offers insights into the development of the ground-breaking Global Code of Conduct for Research in Resource-Poor Settings (GCC) and the San Code of Research Ethics. Using a new, intuitive moral framework predicated on fairness, respect, care and honesty, both codes target ethics dumping – the export of unethical research practices from a high-income setting to a lower- or middle-income setting. The book is a rich resource of information and argument for any research stakeholder who opposes double (...) standards in research. It will be indispensable for applicants to European Union framework programmes, as the GCC is now a mandatory reference document for EU funding. (shrink)

ABSTRACT This paper argues for a hidden way in which speech constitutes harm by enacting harmful norms. The paper then explores the potential legal consequences of uncovering such instances of harm constitution. In particular, the paper argues that some public racist speech constitutes harm and is thus harmful enough to warrant legal remedy. Such utterances are actionable, it is contended, because they enact discriminatory norms in public spaces.

In this paper, I present a new (i.e., previously overlooked) breed of exercitive speech act (the conversational exercitive). I establish that any conversational contribution that invokes a rule of accommodation changes the bounds of conversational permissibility and is therefore an (indirect) exercitive speech act. Such utterances enact permissibility facts without expressing the content of such facts, without the speaker intending to be enacting such facts and without the hearer recognizing that it is so. Because of the peculiar nature ofthe rules (...) of accommodation that generate them, conversational exercitives have importantly different felicity conditions and therefore constitute a new breed ofexercitive speech act. (shrink)

Janet Malek (91–102, 2019) argues that a “clinical ethics consultant’s religious worldview has no place in developing ethical recommendations or communicating about them with patients, surrogates, and clinicians.” She offers five types of arguments in support of this thesis: arguments from consensus, clarity, availability, consistency, and autonomy. This essay shows that there are serious problems for each of Malek’s arguments. None of them is sufficient to motivate her thesis. Thus, if it is true that the religious worldview of clinical ethics (...) consultants should play no role whatsoever in their work as consultants, this claim will need to be defended on some other ground. (shrink)

This paper argues that racist speech in public places ought to be regulable even with teh strict free speech protections of the First Amendment. McGowan argues that the same justification for regulating the hanging of a 'Whites Only' sign applies to racist utterances in public spaces.

In a recent article in this journal, Nellie Wieland argues that silencing in the sense put forward by Rae Langton and Jennifer Hornsby has the unpalatable consequence of diminishing a rapist's responsibility for the rape. We argue both that Wieland misidentifies Langton and Hornsby's conception of silencing, and that neither Langton and Hornsby's actual conception, nor the one that Wieland attributes to them, in fact generates this consequence.

The rapid rise of generative AI, including LLMs, has prompted a great deal of concern, both within and beyond academia. One of these concerns is that generative models embed, reproduce, and therein potentially perpetuate all manner of bias. The present study offers an alternative perspective: exploring the potential of LLMs to detect bias in human generated text. Our target is genetic essentialism in obesity discourse in Australian print media. We develop and deploy an LLM-based classification model to evaluate a large (...) sample of relevant articles (n=26,163). We show that our model detects genetic essentialist biases as reliably as human experts; and find that, while genes figure less prominently in popular discussions of obesity than previous work might suggest, when genetic information is invoked, it is often presented in a biased way. Implications for future work are discussed. (shrink)

Many liberal societies are deeply committed to freedom of speech. This commitment is so entrenched that when it seems to come into conflict with other commitments (e.g., gender equality), it is often argued that the commitment to speech must trump the other commitments. In this paper, we argue that a proper understanding of our commitment to free speech requires being clear about what should count as speech for these purposes. On the approach we defend, should get a special, technical sense, (...) different from its ordinary sense. We offer a partial characterization of this technical sense. Finally, we argue that if certain theorists (e.g., MacKinnon) are right about what (some) pornography does, then it should fall outside the scope of the free-speech principle. If so, then contrary to first appearances, pornography may not be a case in which our commitments to freedom and gender equality come into conflict. (shrink)

‘Intersectionality’ is one of the rare pieces of academic jargon to make it out of the university and into the mainstream. The message is clear and well-known: your feminism had better be intersectional. But what exactly does this mean? This paper is partly an exercise in conceptual clarification, distinguishing at least six distinct types of claim found across the literature on intersectionality, and digging further into the most philosophically complex of these claims—namely the metaphysical and explanatory. It’s also partly a (...) reply to Sara Bernstein, who argued recently that the best interpretation of the metaphysical claim is explanatory priority. We’ll argue that duly clarified, it’s far from obvious that feminism had better be intersectional. At the very least, it had better not be only intersectional. (shrink)

Philosophers of science discuss whether theory selection depends on aesthetic judgments or criteria, and whether these putatively aesthetic features are genuinely extra-epistemic. As examples, judgments involving criteria such as simplicity and symmetry are often cited. However, other theory selection criteria, such as fecundity, coherence, internal consistency, and fertility, more closely match those criteria used in art contexts and by scholars working in aesthetics. Paying closer attention to the way these criteria are used in art contexts allows us to understand some (...) evaluative and developmental practices in scientific theory selection as genuinely aesthetic, enlarging the scope of the goals of science. (shrink)

In this paper, we argue that to properly understand our commitment to a principle of free speech, we must pay attention to what should count as speech for the purposes of such a principle. We defend the view that ‘speech’ here should be a technical term, with something other than its ordinary sense. We then offer a partial characterization of this technical sense. We contrast our view with some influential views about free speech , and show that our view has (...) distinct advantages. Finally, we consider racist hate speech. Here, we argue that if certain theorists are right about what some racist hate speech does, then such speech should fall outside the scope of the free speech principle, and so, should be as regulable as any non-speech action. (shrink)

This paper argues that linguistic oppression is coherent; speech can oppress. Moreover, even though oppression is a structural phenomenon, a single utterance can nevertheless be an act of oppression. This paper also argues that ordinary utterances can oppress. That is, speakers do not need to have and be exercising authority in order for their speech to be oppressive. Furthermore, ordinary speech can oppress even though the speakers do not intend to oppress, even though the hearers do not take it to (...) oppress, even though the oppressed do not hear it, and even though the oppressed are unaware of being oppressed. On the account offered here, linguistic oppression is sneaky, hidden, and surprisingly widespread. (shrink)

This paper puts forth a critical perspective on remedy for business-related human rights abuses. It reflects on the purpose of remedy in Business and Human Rights and argues that effective remedy should address the multiple root causes of abuses to prevent reoccurrences rather than focus on surface issues and isolated cases. To develop a theoretical framework to conceptualize preventative remedy that addresses multiple root causes, this research draws on Fraser’s radical democratic conception of justice and participatory parity. According to the (...) principle, justice is achieved through social arrangements that enable all actors to engage with one another as peers. To conceptualize effective remedy as participatory parity, the paper examines three dimensions—cultural, economic, and political—where injustices or root causes of abuses must be addressed to realize participatory parity. The paper analyzes the illustrative case of the Fair Food Program through the lens of Fraser’s framework. Analysis reveals effective enforcement as necessary to realize participatory parity and address the three dimensions of justice in the context of severe power asymmetries. In the theorized framework, remedy aims to address the multiple root causes of business-related human rights abuses toward prevention and empower rightsholders to engage meaningfully in remedial processes. (shrink)

Amsterdam University Press is a leading publisher of academic books, journals and textbooks in the Humanities and Social Sciences. Our aim is to make current research available to scholars, students, innovators, and the general public. AUP stands for scholarly excellence, global presence, and engagement with the international academic community.

There is no cure or vaccine for HIV/AIDS. The only life-prolonging treatment available is antiretroviral (ARV) therapy. WHO estimates, however, that less than 5 percent of those who require treatment in developing countries currently enjoy access to these medicines. In Africa fewer than 50,000 people–less than 2 percent of the people in need–currently receive ARV therapy. These facts have elicited strongly divergent reactions, and views about the appropriate response to this crisis have varied widely.The intensity of the debate concerning access (...) to life-prolonging medicines for the treatment of HIV/AIDS, and the heated rhetoric with which they are often conducted, suggest that these disagreements may be rooted in deeper disagreements of value. It is not obvious, however, what disagreements of value are at stake in this debate. By analyzing the statements of scholars, public officials, activist organizations, and private sector representatives, each of whom may endorse very different policy recommendations on access to HIV/AIDS drugs, we have identified and created a typology of the different sources of disagreement in the debate. We conclude that the central disagreements concerning access to medicines arise from competing understandings of how responsibilities for bringing remedy to hardships should be allocated to different agents and institutions. A central lesson that emerges from our analysis is that thinking about “health equity” must extend beyond the explanation and justification of goals, values, and ideals, and engage more honestly with the difficult question of how responsibilities for bringing remedy to health crises should be allocated in complex social contexts. (shrink)

Increasingly, scholarship on moral injury is expanding to include non‐military personnel, and considers a violation of bodily integrity—for example, of civilian women who are targeted for sexual violence in warfare—as a particularly egregious harm. Moral injury discourse also extends beyond the individual to the social context in which moral injury arises, its relational effects, and its utterly devastating impact on personhood, an impact frequently characterized as a “soul wound.” The intersection of genocidal rape—both as an individual and a group harm—with (...) religion, as facilitating moral injury and restorative “soul repair,” exemplifies these trends. Although moral injury research rarely addresses the detrimental influences of religion or references the “soul” with precision, the discourse of moral injury does provide an opportunity for exploring the relationship between personhood and agency from the perspectives of those who inflict and are subjected to harm. (shrink)

Over the past four decades, Buddhists in Burma, mainly monks, have been brought before Sangha courts charged with heresy, adhamma, and malpractice, avinaya, under the jurisdiction of the State Sanghamahanayaka Committee. This body, established under General Ne Win in 1980, oversees the regulation and conduct of the Sangha. The religious courts that try these cases have the backing of state law enforcement agencies: failure to comply with their judgements is punishable by imprisonment. A guilty verdict has been passed in all (...) seventeen cases to date. There is no opportunity of appeal. The system not only protects Burmese Buddhism against corruption, but also stifles innovation and dissent. These cases, not previously discussed in scholarship outside of Burma, are significant for understanding the power of the State over the Sangha as well as the conservatism and antisecularism of Burmese Buddhism, which have set it at odds with the relativist approaches of modern, global Buddhism. (shrink)

The prior issue of Krisis (42:1) published Critical Naturalism: A Manifesto, with the aim to instigate a debate of the issues raised in this manifesto – the necessary re-thinking of the role (and the concept) of nature in critical theory in relation to questions of ecology, health, and inequality. Since Krisis considers itself a place for philosophical debates that take contemporary struggles as starting point, it issued an open call and solicited responses to the manifesto. This is one of the (...) sixteen selected responses, which augment, specify, or question the assumptions and arguments of the manifesto. (shrink)

Animals populate our artistic and philosophical discourses in critical ways. From Jacques Derrida's or Karen Barad's cat, to Donna Haraway's dog, to the fish in Lucien Castaing-Taylor and Véréna Paravel's Leviathan, these animals feature heavily in discussions regarding limits – the limits of the human and thus its relation with non-humans, but also the limits of knowledge itself. Cute or dangerous, real or fantasised, dead or alive: in this article, I juxtapose the various ways that such animals confront us with (...) what Jacques Derrida describes as “the point of view of the absolute other”. Similarly, recent texts stage encounters with animals – thus distributing agency towards a larger variety of beings, carving out space for a previously excluded non-human other. Yet these encounters are mediated in profoundly different ways. In researching how encounters with the animal are differentially inflected and “defracted” respective to the medium in which they are staged, this article invokes questions of form and style within the critical dialogue that attempts to centre non-human animals. Highlighting how formal decisions are not accidental, but rather integral, to the praxis of the philosophy of animality, this article aims to draw attention to how specific forms and styles allow for a moment of contact with a non-human other. To this end, this article examines three oft-cited encounters: Derrida's encounter with his cat, an intense stare with a fish in Leviathan, and Barad's inflection of Schrödinger's cat. This juxtaposition gives insight into the limits of certain styles of producing thought and critically reflects on these works in their discussion of non-human life and agency. (shrink)

Examining the work on dialogue done by Gadamer, Habermas and Derrida, this article shows the theoretical depth and complexity of this concept. Drawing together different views, its highlights the stakes of the competing understandings of this topic. The diversity in their individual conceptualisations of dialogue gives an insight into the wealth of conceptual resources that is hidden in this word. This piece reads selected pieces from these thinkers through the lens of the concept of dialogue — building and refining a (...) definition of what dialogue could mean. (shrink)

This study investigated the relative contribution of perception/cognition and language-specific semantics in nonverbal categorization of spatial relations. English and Korean speakers completed a video-based similarity judgment task involving containment, support, tight fit, and loose fit. Both perception/cognition and language served as resources for categorization, and allocation between the two depended on the target relation and the features contrasted in the choices. Whereas perceptual/cognitive salience for containment and tight-fit features guided categorization in many contexts, language-specific semantics influenced categorization where the two (...) features competed for similarity judgment and when the target relation was tight support, a domain where spatial relations are perceptually diverse. In the latter contexts, each group categorized more in line with semantics of their language, that is, containment/support for English and tight/loose fit for Korean. We conclude that language guides spatial categorization when perception/cognition alone is not sufficient. In this way, language is an integral part of our cognitive domain of space. (shrink)

Grodzinsky interprets linguistic differences between agrammatic comprehension and production symptoms as supporting the hypothesis that the mechanisms underlying grammatical encoding (sentence formulation) and grammatical decoding (syntactic parsing) are at least partially distinct. This inference is shown to be premature. A range of experimentally established similarities between the encoding and decoding processes is highlighted, testifying to the viability of the hypothesis that receptive and productive syntactic tasks are performed by the same syntactic processor.

Le propos de ce texte est d’interroger quelques-unes des mises en discours de la notion de risque appliquée à l’enfant, afin de soulever les questions éthiques trop souvent laissées dans l’ombre et néanmoins inhérentes à ces discours. Les auteurs analysent principalement ceux qui proviennent de la psychologie, de la démographie et de la sociologie de la famille à propos de l’impact des désunions conjugales sur le destin des enfants. Cela afin de démontrer l’extrême polysémie de la notion de risque et (...) d’interroger les effets stigmatisants du recours abusif à cette notion du côté des interventions publiques. (shrink)

The use of figurate numbers (e. g. in the context of elementary number theory) can be considered a heuristic in the field of problem solving or proving. In this paper, we want to discuss this heuristic from the perspectives of the semiotic theory of Peirce (“diagrammatic reasoning” and “collateral knowledge”) and cognitive psychology (“schema theory” and “Gestalt psychology”). We will make use of several results taken from our research to illustrate first-year students’ problems when dealing with figurate numbers in the (...) context of proving. The considerations taken from both theoretical perspectives will help to partly explain such phenomena. It will be shown that the use of figurate numbers must not be considered to be any kind of help for learners or some way of ‘easy’ mathematics. Working in this representational system has to be learned and practiced as another kind of knowledge is necessary for working with figurate numbers. The named findings also touch upon the concept of ‘proofs that explain’. Finally, we will highlight some implications for teaching and point to a number of demands for future research. (shrink)

Amsterdam University Press is a leading publisher of academic books, journals and textbooks in the Humanities and Social Sciences. Our aim is to make current research available to scholars, students, innovators, and the general public. AUP stands for scholarly excellence, global presence, and engagement with the international academic community.

An increase in the number of companies that publish corporate social responsibility (CSR) statements, and a rise in their ‘sustainability’ research, reflects a growing acceptance that broad ethical considerations are key for any type of company. However, little is known about how companies consider moral objectives for their research and development (R&D) activities, or the basis upon which these activities are chosen. This research involves qualitative investigation into Responsible Research and Innovation (RRI) in the Information and Communication Technology (ICT) industry, (...) comprising 30 in-depth, pan-European interviews with key personnel in the industry, and focus groups with employees at 14 different companies. Through investigation of the ‘responsible’ activities these companies currently undertake, we shed light on the types of moral goals they set and their underlying ethical standpoints. By reviewing both the responsible innovation and sustainability discourses, and presenting phenomenological evidence, we demonstrate that companies have adopted some aspects of RRI, even though it might not be recognised as such. Our findings indicate that these innovators recognise some of the ethical and societal concerns associated with their activities but their approach is often piecemeal; primary focus is upon the most immediate issues and on legal compliance, to the detriment of broader societal issues and wider challenges. We recommend explicit mechanisms that draw upon established ethical thought and practical academic work to improve companies' abilities to carry out their sustainability activities, and incorporate them into a responsible business strategy. We conclude with recommendations for innovators, corporate research and development, and policy. (shrink)

Doing research with young children can be challenging for many reasons, but this book provides clear guidance on how to engage in appropriate methods. Focusing on researching through play, careful consideration is given to: · the founding principles of playful research · understanding young children's perspectives · prioritising the rights of the child and the voice of the child · examples of innovative research methods Real life examples and research projects are presented, to enable common challenges to be anticipated and (...) to showcase successful creative approaches, and to inspire new paths in research. (shrink)

McGowan here responds to essays written in critical engagement with her lead essay (Just Words: On Speech and Hidden Harm: An Overview and an Application). She here responds to Caroline West, Ishani Maitra, Jeremy Waldron, Robert Mark Simpson, Lawrence Lengbeyer, Louise Richardsoon-Self, Laura Caponetto and Bianca Cepollaro.

In this brief comment, we bring together two articles that appear in this special section. Jamieson et al. provide an overview of the biopsychosocial model of threat and challenge and suggest that stress-related arousal can be reappraised as a coping resource to facilitate challenge appraisals. Hernandez et al. review evidence for the link between well-being and health. We see a connection between these seemingly unrelated reviews: Well-being may improve health in part by shaping appraisals of stressors’ demands and appraisals of (...) coping resources. (shrink)

Although primary source work is a major component of undergraduate history degrees in many countries, the topic of how best to support this work has been relatively unexplored. This article addresses the pedagogical support of primary source work by reviewing relevant literature to identify the challenges undergraduates face in interpreting sources, and examining how in two courses carefully articulated course design and supportive teaching activities assisted students to meet these challenges. This fine-grained examination of the courses is framed within a (...) socio-cultural account of learning. The findings show how a skilful drawing of students into the interpretive/discursive practices of source analysis was associated with an epistemological reframing of historical knowledge and dialogical forms of teaching that helped the students to take forward a dialectical engagement with sources. The benefits of an ‘integrated’ approach to source work that fosters students’ affective and intellectual engagement with historical interpretive practices are highlighted. (shrink)

Legal responses to battered women who kill have long animated scholarly debate and law reform activity. In September 2012 after 47 years of alleged abuse, Frenchwoman Jacqueline Sauvage fatally shot her abusive husband three times in the back. The subsequent contested trial, conviction for murder, unsuccessful appeal and later presidential pardon of Sauvage thrust the French law of self-defence into the spotlight. The Sauvage case raises important questions surrounding the adequacy of the French criminal law in this area, the ongoing (...) proliferation of gendered stereotypes in law and the need for reform. In the wake of the Sauvage case, this article provides a timely analysis of the gendered law of self-defence in France. Drawing from an in-depth analysis of the judgments imposed in the Sauvage case, this article examines the adequacy of French legal responses to battered women who kill and ignites an argument for further law reform. (shrink)

Defining quality of life is a difficult task as it is a subjective and personal experience. However, for the elderly, this definition is necessary for making complicated healthcare-related decisions. Commonly these decisions compare independence against safety or longevity against comfort. These choices are often not made in isolation, but with the help of a healthcare team. When the patient’s concept of quality of life is miscommunicated, there is a risk of harm to the patient whose best interests are not well (...) understood. In order to bridge this gap in understanding and unite seniors with their caretakers as a cohesive team, we need to establish a definition of quality of life. In this paper, my personal experiences with the elderly will be analysed along with five essays on the topic of ageing. These sources provide clear evidence that quality of life for seniors is majorly determined by the ability to preserve one’s lifelong identity. When making difficult decisions in geriatric healthcare, this greater understanding of the determinants of life quality will allow treatments to best serve the elderly. Defining quality of life allows healthcare providers to shift the focus from minimising disability toward maximising ability. I believe this shift would provide seniors with better health outcomes and properly enhance the quality of their years. (shrink)

Supportive peer relationships are crucial for mental and physical health. Early adolescence is an especially important period in which peer influence and school environment strongly shape psychological development and maturation of core social-emotional regulatory functions. Yet, there is no integrated evidence based model of SPR in this age group to inform future research and practice. The current meta-analysis synthetizes evidence from 364 studies into an integrated model of potential determinants of SPR in early adolescence. The model encompasses links with 93 (...) variables referring to individual and environmental potential influences on SPR based on cross-sectional correlational data. Findings suggest the central importance of identity and social–emotional skills in SPR. School environment stands out as a compelling setting for future prevention programs. Finally, we underscore an alarming gap of research on the influence of the virtual and online environment on youth's social realm given its unquestionable importance as a globally expanding social interaction setting. Hence, we propose an integrated model that can serve as organizational framework, which may ultimately lead to the adoption of a more structured and integrated approach to understanding peer relationship processes in youth and contribute to overcoming marked fragmentation in the field. (shrink)

Changes in government policy over the last two decades have seen the traditional goals of criminal justice, namely prosecution and punishment, being replaced by an emphasis on prevention, fear reduction, security and harm reduction. During this time domestic abuse has gained a place on the political agenda, which has resulted in legislative initiatives in the form of civil protection orders across the U.K. which primarily focus on prevention but have also more recently begun to rely on the traditional criminal justice (...) responses should they fail to prevent further abuse. Drawing on international evaluations and a recent study conducted in Scotland (the Scottish study), the article examines whether legislation in the form of civil protection orders has the effect of curtailing the actions of abusers and if not, what occurs when the traditional criminal justice response comes into play. The strengths of civil protection orders and some explanations for the weaknesses of these orders are considered alongside the question of whether there is any value in women continuing to engage with the law in response to domestic abuse. (shrink)

Legal judgment writing mobilises a process of story-telling, drawing on existing judicial discourses, precedents and practices to create a narrative relevant to the specific case that is articulated by the presiding judge. In the Feminist Judgments projects feminist scholars and activists have sought to challenge and reinterpret legal judgments that have disadvantaged, discriminated against or denied women’s experiences. This paper reflects on the process of writing as a feminist judge in the Australian Project, in an intimate homicide case, R v (...) Middendorp. Drawing on the work of Judith Butler on intelligibility, iterability and the communality of violence and vulnerability, this article argues that feminist judgments necessarily require some uncomfortable compromises with unjust gendered institutions. While ‘donning the robes’ may be an uncomfortable process, a feminist re-articulation of the law’s carceral power serves to unsettle and challenge some aspects of gendered oppression, even though it cannot unsettle the operation of the institution. The article concludes that effective feminist interventions by members of the judiciary may require donning robes that are not entirely comfortable in order to persuade and advocate for change. (shrink)