Concluding remarks

Writing in the Australian Feminist Law Journal, Margaret Thornton has recently spoken of her wish to begin ‘a conversation which I hope others will join so that we might discursively constitute a new episteme of feminist legal theory that is linked to the political’.[1082] In exploring whether ‘the conjunction of postmodernism and neoliberalism’ might add […]

‘Deflecting the gaze?’ Textual analysis and the critical study of the ‘family man’ in law

Deflection of the objectifying gaze from women and Indigenous people to bench­mark masculinity and heterosexuality, as well as ‘whiteness’, represents an attempt to disrupt the conventional orderings of modernity within legal texts.[1029] It was in an attempt to explore the above concerns that a range of studies developed in family law during the 1990s concerned […]

Towards the ‘post-modern frame’: Discourse, text and the ‘man of (family) law’

By the mid/late 1980s, in work which, by 1990, Naffine felt able to describe as itself constituting a ‘third phase’ of feminist scholarship,[1022] a far-reaching critique had taken place of the limits of each of the above two approaches. Yet, once again, a conceptualisation of masculinity appeared central to how the relationship between law, the […]

Feminist Legal Studies and the Subject(s) of Men: Questions of Text, Terrain and Context in the Politics of Family Law and Gender

Richard Collier Introduction Within feminist legal scholarship in the field of family law, a critical engagement with the gender of men approached via recourse to the concept of masculinity/ies is a now well-established theme.[999] In recent years, in particular, it has become commonplace within literary and hermeneutic projects informed by the ‘post­modern frame’[1000] to find […]

Theorising difference: ‘From their own perspective…’

One alternative to traditional approaches in feminist theory is what we can loosely label post-modern feminist theory.[979] Post-modern feminism is especially useful in any attempts to accommodate the claims of minority women because it challenges assumptions about the definition and status of the subject ‘woman’, therefore providing room for alternative definitions and analysis. It also […]