scholarly journals Using the master's tools: How the law reshapes gender boundaries in the public-private sphere

Author(s):  
Aspasia I. Tsaoussi

No abstract

2016 ◽  
Vol 49 (2) ◽  
pp. 237-266 ◽  
Author(s):  
Michal Tamir

The phenomenon of social exclusion in Israel is a vivid demonstration of the Basic Laws' failure to fulfil their integrative role. Despite the ‘constitutional revolution’ and the Supreme Court's ongoing endeavour over the last two decades to instil a bill of rights through its jurisprudence, Israeli society has failed to fully internalise values of equality. In terms of legal jargon, individuals continue to claim and exercise ‘sole and despotic dominion’ over their private property in order to avoid contact with individuals belonging to certain minority groups. In many cases, such behaviour in the private sphere results in exclusion from the public sphere.This phenomenon is especially astonishing considering the fact that many laws in Israel apply the right of equality to the private sphere. Furthermore, the Israeli Supreme Court has developed comprehensive human rights jurisprudence applicable to the private sphere. The gap between the law in the books and the law in action illustrates that effective implementation of human rights in the private sphere cannot be achieved solely by specific legislation or by jurisprudence that is sensitive to human rights. This argument is backed by several recent bills which preserve and enforce the exclusion of minorities, particularly of Arabs, from the public sphere. These bills illustrate that exclusion is indeed a growing phenomenon in Israeli society that cannot be overlooked. Moreover, they underscore the urgent need to entrench a direct obligation to apply human rights to the private sphere at the constitutional level. This will be achieved only when Israel adopts a full constitution.


Author(s):  
David S. Parker

In Montevideo in 1923, streetcar company executive Juan Cat shot at journalist and Communist parliamentarian Celestino Mibelli in the atrium of the Uruguayan Congress. Despite this premeditated assassination attempt in front of numerous witnesses, Cat was released, the judge accepting the possibility that his actions were in legitimate self-defense. The logic that led police, prosecutor, and judge to arrive at conclusions that seemed to contradict both the evidence and the law hinged upon, and in the process reveals, deeply conflicting ideas of honor, family, the public versus the private sphere, and the unwritten laws that governed journalism in 1920s Uruguay. Mibelli had published a series of scandalous newspaper stories, one involving Cat’s young daughter, and many Uruguayans identified with the aggrieved father, arguing that an attack on family honor was no different from a physical assault. The only legally and socially acceptable remedy for Cat was to challenge his slanderer to a duel, but Mibelli refused to accept challenges because he considered dueling elitist. In the end, the police report, the prosecutor’s brief, and the judge’s ruling each subtly distorted the details of the encounter to construct Cat’s attack as a quasi-duel, a frustrated attempt to “demand explanations” from Mibelli, following a ritualized script set down in the dueling codes of the era. Factually, Cat’s actions were no such thing, but by crafting the narrative of an “affair of honor” gone wrong, official lies reflected deeper cultural truths.


1994 ◽  
Vol 59 (3) ◽  
pp. 123
Author(s):  
Joseph F. Bartolomeo ◽  
John P. Zomchick

2019 ◽  
Vol 98 (2) ◽  
pp. 214-240
Author(s):  
W. W. J. Knox

This article challenges a series of orthodox propositions put forward by historians writing on the decline in homicide levels over the last three hundred years. Firstly, there was a decline in impulsive violence; secondly, there was a shift from stranger to intimate killing; and thirdly, there was a transition of the site of murder from the public to the private sphere. It will be argued that murder remained a mainly spontaneous action, a response to highly charged or impassioned insults and words, sometimes alcohol-fuelled and while the killing of spouses and other immediate family members increased over the course of 150 years (1700–1849), the pattern established in the second half of the eighteenth century was hardly disturbed since most victims were known to their assailants as family, friends or workmates. Stranger killing became more commonly associated with drunken brawls in taverns or in the streets; homicides that involved premeditative action, such as robbery, were rarely the cause of death. It is also clear that the street rather than the home was the most common location, again reflecting the spontaneous and opportunistic character of homicide.


2016 ◽  
Vol 6 (1) ◽  
pp. 5-24
Author(s):  
Isabel Santaularia i Capdevila

The article examines The Good Wife (CBS 2009–), as well as other recent television series with female professionals as protagonists, alongside nineteenth-century novels such as Wilkie Collins's The Woman in White and The Law and the Lady, Charles Dickens's Bleak House, or Bram Stoker's Dracula, which, like The Good Wife, place ‘the law’ and ‘the lady’ in direct confrontation. This comparative analysis reveals that current television series, even those that showcase women's professional success, articulate a discourse that valorises domestic stability and motherhood above professional achievements and, therefore, resonate with Victorian ideologies about the conflicted relation between women and the public sphere. Contemporary television series are not so different from Victorian texts that grant their heroines freedom to move outside home-boundaries, while treating women's public ascendancy as a transgression of normative femininity and using a number of strategies devised to guarantee women's return home and/or an appreciation of what they have to sacrifice in order to advance in their careers.


2019 ◽  
Vol 29 ◽  
pp. 35-48
Author(s):  
Wayne Hudson

This paper outlines an alternative version of postsecularism, one that involves a critique of many Western approaches to postsecularism. This alternative postsecularism accepts secularity for certain purposes and domains, but not secularism. It inherits the Enlightenment in some institutional respects, but not necessarily its philosophical conceptions or its anti-religion. It does not make detailed prescriptions for any specific context, but it does imply that a mature postsecularism will take account of spiritual performances in both the public and the private sphere.


Sign in / Sign up

Export Citation Format

Share Document