Regulating Girls and Women Flashcards
What is the idea of the law according to Smart?
Law sees itself outside of social order (autonomous). Is distinct and separate from society, abstract, impartial, and rational. Law sees itself as superior to other discourses, due to the fact that it makes things offical/unofficial, reveals truths/untruths.
What does the law regulate?
Science. Confirms things as true or not, official quotification can result in different laws and societal norms.
What happened in 1980 as an example of how law sees itself as superior? (Lord Denning)
Decided that women were no longer property of men and were entitled to their own land, money, marrying who they want etc. Law has given women the power to do this, has given people equality.
What are some critiques by Smart on the idea of law creating universal truths using it’s superiority?
The idea that it is the law that gives equality omits women’s struggles to change the law. Changes to women economic position also changed separately from the law.
What is Smart’s critique behind the law and heteronormativity?
Law makes gender binaries normal-takes science and makes it official.
What is heteronormativity?
Belief that heterosexuality is the “normal” “default” or “preferred” sexual orietation. Assumption of 2 genders that are distinct and opposite.
How does society uphold ideas of heteronormativity?
Expectations of straight marriage, monogamy, the nuclear family.
How does heteronormativity reproduce itself?
Through hegemony
What is hegemony?
The idea that the dominant ideologies of society (beliefs, values, morals, and expectations) reflect that of those who hold power. Dominant ideology justifies the status quo as natural, inevitable, perpetual, and beneficial for all.
What is heteronormative hegemony?
Normative gender binaries and roles, which are reproduced through various institutions, are made out to be normal. Law has a role in enforcing this.
How does radical feminism view the state and the law?
As being a tool for male domination. Law as hegemonic and through it people buy into heteronormativity.
What was the Foucaldian analysis of the claims of radical feminists?
Yes, the law does reproduce the patriarchy and is hegemonic, but there are more factors at play such as the law, medicine, psychiatry (all play a role in regulation).
Is normalization bad?
Not inherently. Helps us to distinguish between what is ethical and not.
What is the Juvenile Delinquents Act?
Laws used to reinforce gender norms by morally governing and regulating girls to “protect” and “reform” sexually active, precious young females.
How was the Canadian Juvenile Delinquents Act carried out in court (1908-1984)?
Girls were charged for sexual behaviour, the judge then asked the girls to describe the experience (the more knowledge they had confirmed the delinquency). Court then prescribed cures to help girls become proper women.
