Download Erotic Justice: Law and the New Politics of Postcolonialism by Ratna Kapur PDF

By Ratna Kapur

The essays in Erotic Justice deal with the ways that legislation has been implicated in modern debates facing sexuality, tradition and `different' matters - together with ladies, sexual minorities, Muslims and the transnational migrant. legislation is analyzed as a discursive terrain, the place those various matters are excluded or incorporated within the postcolonial current on phrases which are resembling the colonial come across and its remedy of distinction. Bringing a postcolonial feminist felony research to her dialogue, Kapur is relentless in her reviews on how colonial discourses, cultural essentialism, and sufferer rhetoric are reproduced in common, liberal tasks equivalent to human rights and foreign legislation, in addition to within the criminal rules of sexuality and tradition in a postcolonial context. Drawing her examples from postcolonial India, Ratna Kapur demonstrates the theoretical and disruptive chances that the postcolonial topic brings to foreign legislations, human rights, and family law.  within the strategy, demanding situations are provided to the political and theoretical buildings of the state, sexuality, cultural authenticity, and women's subjectivity.  

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Additional info for Erotic Justice: Law and the New Politics of Postcolonialism

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Inclusion and exclusion in the liberal project were thus contingent on the ability to reason. Mehta then examines how Locke’s thesis came to influence certain assumptions about the colonies in the 19th-century – in particular India – and how colonialism could quite comfortably justify the exclusion of a whole population from participating in the political sphere within the framework and logic of liberalism. India inspired the theoretical imagination of a range of British political thinkers. In the 19th-century, writers focused on how India was different.

New Cosmologies: Mapping the Postcolonial Feminist Legal Project Yet 30 years later, despite all of these engagements and successful law reform campaigns, violence against women continues to occur on a staggering scale. 13 This situation forces an interrogation of the relationship between feminist goals and rights discourse in the area of sexuality. Are rights something ‘we cannot not want’? (Spivak, 1993, pp 45–46). Postcolonial feminism, together with other critical traditions, has critiqued the liberal project, by exposing its lack of emancipatory potential, as being incapable of delivering on its promise of justice.

Bad women transgress these dominant norms, and they are either unable to secure the protection of the law or their sexuality is regarded as public, and hence illegitimate, and is criminalised and punished. In many cases, the idea of sexuality operating according to a culturally determined distinction between public and private spheres undermines the effectiveness of some legal provisions. And even when the courts do convict an accused under one of these criminal provisions, the grounds on which they do so are often shaped by, and in turn sustain, the dominant norms that construct women’s sexuality.

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