Panels and Presentations

Keynote

Emily Grabham - “The Crafty Power of Text: A Feminist Ethnography of legislative Drafting”

Professor Emily Grabham  (University of Kent, UK) is a socio-legal scholar whose work draws on methods and perspectives from sociology and social anthropology. Her research explores law and time, labour regulation, and more recently, legislative drafting. She is the author of Brewing Legal Times: Things, Form and the Enactment of Law  (University of Toronto Press, 2016) and co-editor with Siân Beynon-Jones of Law and Time  (Routledge, 2019). She is collaborating with colleagues from law and psycho-social studies on an interdisciplinary ESRC-funded project exploring the future of regulating gender in the UK (Future of Legal Gender). Her publications on legislative drafting include ‘Time & Technique: The Legal Lives of the 26 Week Qualifying Period’ (Economy & Society, 2016) and ‘Exploring the Textual Alchemy of Legal Gender: Experimental Statutes and the Message in the Medium’ (feminists@law, 2020). She is the recipient of a 2020 Philip Leverhulme Prize in Law, as well as book and article prizes from the Socio-Legal Studies Association.


This conference asks exciting questions about the relationship between law, gender and collectivity. I hope to engage with the conference themes by sharing my early work  developing a feminist ethnography of legislative drafting. Why should feminists care about how legislation is written? Isn’t drafting merely about the expression of much more important social decisions? In this paper, I will suggest that analysing drafting is important because it helps us to understand the power of text and language to shape social and legal ontologies of gender. It also matters because feminists in a range of jurisdictions (e.g. Ireland, the UK) are beginning to seize the power of legislative text in writing their own statutes to show that feminist and queers ways of ‘doing law’ are possible.[1]

Feminists from the second wave onwards have engaged with the power of language in producing gender and gendering epistemologies (e.g. Spender 1980). Feminist legal scholars have proposed that this power is akin to a type of “magic” (Martyna 1980; Cloatre 2021) or “alchemy” (Grabham 2020). They took up this power in challenging gendering terms in law throughout the 1970s-2000s (Ritchie 1975, 77; Mossman 1995), and the debate continues into the present moment, where we find controversy about the ‘inclusion’ of non-binary and trans individuals within legal frameworks and/or the potential effects of de-certifying gender in law (FLaG project).

Yet whilst feminists have thought about legal language as “magic”, legislative drafters deny that they are ‘creating’ law, substantively or politically. Alain Pottage has recently described this reticence amongst drafters to acknowledge the material power of legislative text as playing the role of ‘juridical ‘shadow’ to political ‘substance’ (Pottage 2020, 4). An ethnography of legislative drafting might seek to understand how it comes to be that the legislative text, and the work of creating it, is understood to be separate from, and subservient to, something else, understood to be the text’s political or substantive purpose.

In this keynote, I intend to sketch some of the questions I have been thinking about in constructing a feminist ethnography of legislative drafting. These relate to the creative power of legislative text, drafting as authorship, the legal form and materiality of statutes and epistemologies of intelligibility. I look forward to sharing questions and concepts with you, across jurisdictions, about the power of language, text, and gender.

 

[1] Example: the experimental statute produced by the Future of Legal Gender project and the Feminist Constitutional Futures for Northern Ireland project.

PANEL I : Law – Gender – Knowledge: Spaces and Demarcations

Given that juridicial knowledge creates gender as well as other differentiating and often discriminatory categories such as “race” or disability, we ask for the grammar and the formats a conflict, a political discussion, or a problem needs to comply with so that it can be formulated as a legal problem. How is juridicial and gendered knowledge (re)produced in legal practice and what epistemic role does the legal doctrine play here? To what extent is this knowledge intersectionally gendered? In what settings are intersectional perspectives sought, both dogmatically and empirically?
We are interested in the boundaries set and encountered by the law. How do legal practices create gendered spaces and thus also boundaries? Where does the discussion surrounding law call into question ontologies of humankind, nature, and technology?

Cornelia Klocker - Mapping the language of discrimination cases: the terminology of “groups” in the European Court of Human Rights

Cornelia Klocker is a postdoctoral fellow at the Zukunftskolleg at the University of Konstanz and affiliated with the Chair for Public Law with Focus on International Law. She obtained her PhD in Law from Birkbeck College, University of London, researching collective punishment and her book Collective punishment and human rights law: Addressing gaps in international law has been published by Routledge in 2020. Her research centres on the intersections between the law of armed conflict and human rights law, group rights, non-discrimination and minority rights.

Cornelia Klocker (Zukunftskolleg, University of Konstanz)
cornelia.klocker[at]uni-konstanz.de



Mapping the language of discrimination cases: the terminology of “groups” in the European Court of Human Rights
This paper presents an overview of the European Court of Human Rights’ case law on non-discrimination mapping the language used for affected collectivities Although prohibitions of discrimination list a number of abstract categories, behind these categories such as “sex” or “other status” stands a broad range of diverse collectivities. The Court has started to describe the collectivities encountered in the cases brought before it, yet it is not the only actor in the courtroom. The paper puts a focus on applicants’ voices and their understanding of terms such as “group”, “community” and “minority” in discrimination cases.

Maria Sagmeister - Rethinking collectivity in labour law protection. Making working mothers the benchmark

Maria Sagmeisteris a lawyer and art historian with a focus on gender-theoretical issues in both subjects. She is a Post Doc researcher within the research platform „Gender: Ambivalent In_Visibilities“ (GAIN) at the University of Vienna and a Post DocTrack fellow of the Austrian Academy of Sciences (ÖAW). She completed her dissertation at the Institute for Legal Philosophy at the University of Vienna in 2020, in which she deals with the question of how law can contribute to a more equal distribution of unpaid care work. This dissertation has received numerous awards, including the Johanna Dohnal and Theodor Körner Prize, and will shortly be published by Verlag Österreich. Maria Sagmeister is currently researching the commodification of care work and the in_visibility of labour in this field, which is often done in private households and under precarious legal conditions. She is co-editor of the critical legal journal “juridikum”.

Maria Sagmeister (University Vienna)
maria.sagmeister[at]univie.ac.at



Rethinking collectivity in labour law protection. Making working mothers the benchmark
Taking the labour protection rights of working parents as a starting point, I discuss how a more inclusive version of collectivity within labour law might look like. My approach is informed by intersectionality theory’s demand to set the apparent deviation as the norm. If legal measures take the potentially most affected group as a benchmark, those who are less affected will benefit just as much. In the context of employees with care responsibilities, this means taking birthmothers as the starting point and extending all rights that are necessary for their protection to all working parents.

Sébastien Tremblay - When gay memory silences lesbians: A visual intellectual history of the legal erasure of female oppression in the homosexual memory of National Socialism.

Sébastien Tremblay is historian and postdoctoral researcher in Global Intellectual History at the Freie Universität Berlin where he finished his PhD in July 2020. His dissertation looked at queer transnational and transatlantic cultural communication networks from the 1970s to the mid-late 2000s and focused on the Pink Triangle as a marker of identity in queer activist circles. He is presently turning the manuscript into a book and working on a project about queer temporalities and homonationalism. During the academic year 2019-2020, he was a visiting fellow at the Centre for Queer history at Goldsmiths, University of London. His most recent piece published in Contributions to the History of Concepts with Margrit Pernau of the Max Planck Institute offered new approaches to conceptual history, emotions and visual studies using Koselleck’s interventions on memory. Parallel to his research, Sébastien is interested in memory cultures in Germany, debates on temporalities, memories of the Holocaust, and European far-right movements and politics.

Sébastien Tremblay (Freie Universität Berlin)
sebastien.tremblay[at]fu-berlin.de



When gay memory silences lesbians: A visual intellectual history of the legal erasure of female oppression in the homosexual memory of National Socialism.
This paper will tackle difficult and ongoing conversations in German homosexual historiography and the clashes between lesbian and gay interpretations of the National Socialist era. It focuses on the legal recognition of victimhood at the end of the twentieth century, examining National Socialist persecutions and underlining how a visual intellectual history of the creation of the male homosexual subject sheds lights on the silencing of female homosexual voices. In order to do so, this paper follows key moments of one symbol, the Pink Triangle, and its discursive effects, particularly its connection to identity, semantics, and collective memory. An analysis of the symbol will offer a reflection on lesbian erasure and the importance of memory studies for our writing of German queer history.

PANEL II : Collective Strategies: Dynamics and Processes of Collectivization

Organizations, groups, processes of communitization, digital networks as well as looser formations such as social movements use very different collective strategies to establish capacity to act internally and externally. We are interested in the practices and factors that contribute to more or less stable interdependencies, in other words, to various aggregate states and intensities of collectives. What are the models of solidarity and representation that emerge from these techniques? What are the ways in which law is increasingly and strategically used – for instance, as a knowledge resource, as an enforcement mechanism, or as an enabling and imaginary space? How is the structuring effect of gender normatively utilized?

Jan-Christoph Marschelke - Doing collectivity. What´s behind the notion of “practices of collectivization”?

Jan-Christoph Marschelke is post-doc researcher at and manager of the Institute for the Study of Culture and Collectivity at the University of Regensburg since 2014. After graduating from law school (2004), he passed the German second state examination (2008), did his PhD in legal philosophy (2009), and then managed the multidisciplinary project “Global Systems and Intercultural Competence” at the University of Wuerzburg (2009-2013). Currently he is fellow at the Käte Hamburger Institute “Law as Culture” at the University of Bonn. His main research areas are cultural and social theoretical perspectives on collectivity, interculturality and the law.

Jan-Christoph Marschelke (University of Regensburg)
jan.marschelke[at]ur.de



Doing collectivity. What´s behind the notion of “practices of collectivization”?
Can we avoid reifying concepts of collectivities if we talk of “practices of collectivization” instead? I argue we can, but only if we avoid some pitfalls which beset its compounds: both ‘practice’ and ‘collectivity’ are contested concepts often used in a vague manner. So, on the one hand, we need to distinguish the inherent collectivity of practices from collectivities (re)produced through practices – collectivities as different as categories, small groups or vast organizations. On the other hand, we will fall back into reification (this time of practices, and thus everything produced by them, e.g. collectivities) if we do not consistently address three issues: the connection between collectivization, subjectivation and normativity, the multicollectivity of practitioners, and the entanglement of practices.

Lisa Hahn - Collectivity in court: Legal mobilization through ‘litigation collectives’benchmark

Lisa Hahnis a Ph.D. Candidate at Humboldt-Universität zu Berlin and a fellow of the Forschungsstelle Kultur- und Kollektivwissenschaft in Regensburg. Her dissertation explores how strategic human rights litigation can improve access to justice in Germany. Lisa is a lawyer by training but discovered her interest in interdisciplinary legal research through empirical research projects on migration and administrative law, on the enforcement of anti-discrimination law and through her involvement in a graduate network on socio-legal methods. In 2020, she was a Visiting Researcher at UC Berkeley.

Lisa Hahn (Ph.D. candidate at Humboldt-Universität zu Berlin, Law Faculty)
lisa.hahn[at]rewi.hu-berlin.de



Collectivity in court: Legal mobilization through ‘litigation collectives’
The right to equal and effective access to justice faces numerous hurdles in its implementation. My contribution argues that strategic human rights litigation is a particular mode of collective legal mobilization that responds to such hurdles, thereby facilitating access to justice. It does so through ‘litigation collectives’, collaborations of various actors like claimants, lawyers, NGOs and academics. ‘Litigation collectives’ are interdisciplinary projects that jointly produce expertise required in complex court cases. This ultimately allows them to disrupt structural hurdles of legal mobilization and create spaces of solidarity.

Smitha Sasidharan Nair - Creating Spaces and Gendering Law: Examining the collective action by Women’s Health Movement in India

Smitha Sasidharan Nair is an Assistant Professor with Centre for Health and MentalHealth, School of Social Work, Tata Institute of Social Sciences ,Mumbai. She has completed her PhD from the Centre for Social Medicine and Community Health, Jawaharlal Nehru University, New Delhi. Her PhD thesis titled Women’s Health Movement, Collective Action and Population: A Study of Three Select Campaigns in Delhi looks at the emergence of Women’s Health Movement in India. Her research interests include Gender, Health, public health and Social Movements.

Smitha Sasidharan Nair (Centre for Health and Mental Health, School of Social Work, Tata Institute of Social Sciences Mumbai)
smitha.s83[at]gmail.com



Creating Spaces and Gendering Law: Examining the collective action by Women’s Health Movement in India
Internationally and nationally there is a recognition that reproductive rights as a human right essential for achieving gender equality. Over the last two decades the Supreme Court and High Courts in India has issued many ground breaking verdicts that have established that reproductive rights are fundamental to achieve the Right to life guaranteed by the constitution of India. This has been hailed as a victory for women’s rights in India. Inspite of the importance and focus on reproductive rights in India many women’s groups that are part of the women’s health movement remain guarded and critical of the dominant narrative around reproductive rights which they argue remains within patriarchal dictates of the states.

PANEL III : Law – Gender – Individualization and Collectivization

The panelists will present different case studies on the basis of which we will focus the discussion on the construction of the self and subjectification practices in the context of collectivization dynamics. What can the different and empirical and theoretical backgrounds tell us about the relation between the individual and collectivity at the interface of law and gender?

Karsten Schubert - From Homonormativity to Queer Collectivity. PrEP and a Foucauldian Theory of Sexual Liberation.

Dr. Karsten Schubert is Lecturer in Political Theory and Philosophy at the Albert-Ludwigs-University of Freiburg. His work focuses on contemporary critical political theory and social philosophy, Michel Foucault, radical democracy, legal critique, biopolitics, queer and gay theory, and intersectionality. Currently, he researches at the intersection of radical democratic thought and identity politics. Prior to that he received his PhD in philosophy at the University of Leipzig. His book “Freedom as Critique. Social Philosophy after Foucault” (2018, in German) was published with transcript.

Karsten Schubert (Universität Freiburg)
www.karstenschubert.net
karsten.schubert[at]politik.uni-freiburg.de

A New Era of Queer Politics? PrEP, Foucauldian Sexual Liberation, and the Overcoming of Homonormativity
Gay men have been severely affected by the AIDS crisis, and gay subjectivity, sexual ethics, and politics continue to be deeply influenced by HIV to this day. PrEP (Pre-Exposure Prophylaxis) is a new, drug-based HIV prevention technique, that allows disentangling gay sex from its widespread, 40 yearlong association with illness and death. This paper explores PrEP’s fundamental impact on gay subjectivity, collectivity, sexual ethics, and politics. It traces the genealogy of gay politics regarding homophobia and HIV stigma and shows how conservative and homonormative gay politics developed as a reaction to HIV stigma and how, by overcoming this stigma, PrEP enables a new era of intersectional queer collectivities and solidarities. Based on the case of PrEP, the paper proposes a new Foucauldian account of sexual liberation beyond the repression hypothesis that accounts for the ambivalence of sexual subjectification and the political potential of sexuality by differentiating four dimensions of sexual liberation: negative, ethical, democratic, and political.

Fiona Schmidt - Investigating the 'Other'. Institutional Racism and Masculinities in the Police.

Fiona Schmidt is a PhD student in Gender Studies at Humboldt-Universität zu Berlin and a PhD scholar of the Rosa-Luxemburg foundation. Her doctoral thesis is about institutional racism in criminal police investigations. The research is drawing on her previous scientific projects and publications on the right-wing terrorist group “Nationalsozialistischer Untergrund” (NSU) and its criminal prosecution. Formerly she was a research assistant at the Chair for Public Law and Gender Studies at Humboldt-Universität zu Berlin.

Fiona Schmidt (PhD student at Humboldt-Universität zu Berlin)
fiona.schmidt[at]hu-berlin.de



Investigating the ‘Other’. Institutional Racism and Masculinities in the Police.
The presentation examines intersectional othering processes in criminal investigations by the police in Germany based on a case study from the NSU-complex. The police, as guardians of the state’s monopoly on the use of force, are embedded in and an active part of shaping social relations of dominance. Thereupon the presentation explores how institutional racism and norms of masculinities in the police shape and influence criminal investigations by re-/producing assumptions about individual and collective affiliations.

Urmila Goel - Campaigning for their right to work and stay in 1977 – Experiences from the recruitment of Asian nurses in West Germany

Urmila Goel, visiting professor at the Institute for European Ethnology and Centre for transdisciplinary Gender Studies at the Humboldt University in Berlin. The main research areas are migration and racism, gender and sexuality as well as intersectionality. The main research fields are defined by those people in German-speaking Europe, who are ascribed to India. Currently, Urmila Goel is conducting research about the recruitment of young female nurses from South India to West Germany in the 1960s and its consequences, in particular with respect to gender dynamics and family live. More information can be found on her website: urmila.de

Urmila Goel (Humboldt-Universität zu Berlin)
urmila.goel[at]hu-berlin.de



Campaigning for their right to work and stay in 1977 – Experiences from the recruitment of Asian nurses in West Germany
In the paper I will explore the linkages between nurse recruitment from India and South Korea to West Germany in the 1960s and 70s, its legal and bureaucratic organisation, the forms of collective campaigning against the threat of deportation in 1977 and different memories of this. In this the gendered nature of the migration, gendered arguments in the campaigning and in memory will be central.

DGS – German Sign-Language Interpretation

We are happy to offer German Sign-Language Interpretation (DGS). Until the end of the registration phase, we could not determine any requirement. Nevertheless, we decided to provide this service for the public parts of the program. Due to technicalities, we hope for your understanding not to be able to provide interpretation during the panels without registration.

Oya Ataman

Oya Ataman is a multilingual Sign-Language interpreter, scholar, and activist based in Berlin. Her papers on Coda identity, Coda autobiography, and Third Culture kids have appeared in Hearing, Mother-Father Deaf, ed. Michele Bishop and Sherry Hicks (Gallaudet UP, 2009) and the German Sign Language journal Das Zeichen, as well as in conference proceedings in Turkey and Germany. She trains her colleagues and aspiring interpreters in remote interpreting and transcultural communication. She currently works on interpreting in refugee settings and trauma. As nationally certified interpreter working among German Sign Language (DGS), International Sign, ASL, German, English and Turkish her many academic specialties include quantum physics, whose DGS terminology she co-developed.
Her activism includes an honorary position on the board of the Berlin Initiative for Quality Interpreting in Migration and Refugee Settings. A former board member of the Bavarian, and the Berlin Sign Language Interpreters Association, she holds an MA from Ludwig-Maximilians-Universtät, Munich.

https://signsandwords.com/



Silke Gold

Silke Gold is a freelance Sign-Language Interpreter and communication Expert. She studied English Studies, Sign-Language and, Sign-Language Interpretation and holds an MA from Hamburg University.

https://silkegold.de/



Katharina Cordts

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