GENDER, LAW, IDENTITY | My Assignment Tutor

                                                                                                                             COURSE TITLE:    GENDER, LAW, IDENTITY          COURSE NO:GS/LW 3022 PREREQUISITES: NONE SEMESTER:                  Spring 2021PROFESSOR: DR. LINCOLN CREDITS: 4 CLASS SCHEDULE: T 4:55- 6:15 F 12:10-1:30 ROOM NO: RMT/PL3 OFFICE HOURS: By appointment OFFICE NUMBER: REMOTE OFFICE TEL EXT: Contact by email or TEAMS only this semeter PERIOD (S): CONTACT:  llincoln@aup.edu  COURSE DESCRIPTION: GENDER, LAW, IDENTITY What does it mean to live in a “normative universe”? Where is it located in our everyday lives, beyond the maintenance of categories of “right” and “wrong”, “legal” and “illegal”, “normal” or “abnormal”? What impact does it have on our understandings of identity as they are expressed through gender, sexuality and culture? Due to the force and visibility of the formal institution of law and the conventions of the social world, we often identify norms with questions of explicit social control. Yet, these legal and social trappings are only a small part of the normative universe, because of the central role of narrative in both legal and social discourse. Indeed, in the words of legal scholar Robert Cover “no set of legal institutions or [social] prescriptions exists apart from the narratives that locate and give them meaning”. In this class we will investigate the various ways in which gendered norms of identity are defined, constructed, enforced, managed and even adjudicated through the narratives that inform and produce our social and legal realties. Class reading will include works by Sarah Ahmed,  Jacqui Alexander, Drucilla Cornell, Kimberlé Crenshaw, Nancy Fraser, Michel Foucault, Nivedita Menon, and Denise da Silva, among others COURSE LEARNING OUTCOMES: 1. Students will be able to read and critique literature on sex and gender in the social sciences and the humanities 2. Students will be able to identify, compare, critique and analyze the historical, social and cultural specificity of different conceptions of gender and sexuality 3. Students will be able to apply their knowledge of gender and society to a globally informed understanding and evaluation of the pressures, politics and debates of representations of gender and sexuality, particularly those bearing upon legal rights and social justice 4. Students will be able to demonstrate familiarity with the developmental, social, theoretical and historical frameworks that define the academic study of gender and sexuality GSS PROGRAMME LEARNING OUTCOMES: 1. To gain an understanding of the history of gender and sexuality studies 2. To become familiar with the major figures / schools and debates of contemporary feminist and gender theory 3. To gain an understanding of the relationship between the questions of feminism, gender studies, sexualities and masculinities. GLACC: This course can be used to fulfill the CCI requirement and as such has the following learning outcomes (Learning Outcomes for GLACC components are defined on the AUP GLACC Website) TEXTBOOKS: All readings will be made available electronically. GRADING POLICY: 1) CLASS PARTICIPATION: 20% To some extent this class is structured as a discussion seminar. It is thus essential that you do the assigned readings before each class meeting and actively participate in class discussions. This includes listening actively and discussing the readings, raising thoughtful, pertinent questions, and asking for clarification where necessary. 2) MIDTERM EXAM: 25% 3) RESEARCH PAPER (10-12 PAGES EXCLUDING BIBLIOGRAPHY): 30% 4) FINAL EXAM: 25% AUP ATTENDANCE POLICY: Students studying at The American University of Paris are expected to attend ALL scheduled classes, and in case of absence, should contact their professors to explain the situation.  It is the student’s responsibility to be aware of any specific attendance policy that a faculty member might have set in the course syllabus.  The French Department, for example, has its own attendance policy, and students are responsible for compliance.  Academic Affairs will excuse an absence for students’ participation in study trips related to their courses.   Covid-19 temporary amendments:   PLEASE NOTE THIS CLASS WILL BE TAUGHT REMOTELY THIS SEMESTER   Students studying at The American University of Paris are still expected to attend ALL scheduled classes. Due to the Covid-19 pandemic, students will have the option of attending classes remotely when special circumstances apply. For example, when students are placed under quarantine by the French authorities or by their doctor, or when students present symptoms of Covid-19 and are directed, by their doctor or the AUP Health Office, to remain home. It is still the student’s responsibility to be aware of any specific attendance policy that their professor might have set in the course syllabus. In particular, Students attending remotely from distant Time Zones should check with their professors about the specific attendance policy for remote learners.   Attendance at all exams is mandatory. In all cases of missed course meetings, the responsibility for communication with the professor, and for arranging to make up missed work, rests solely with the student. Whether an absence is excused or not is ALWAYS up to the discretion of the professor or the department. Unexcused absences can result in a low or failing participation grade. In the case of excessive absences, it is up to the professor or the department to decide if the student will receive an “F” for the course.  An instructor may also recommend that a student withdraw, if absences have made it impossible to continue in the course at a satisfactory level. Students must be mindful of this policy when making their travel arrangements, and especially during the Drop/Add and Exam Periods.  ENGLISH LANGUAGE PROFICIENCY STATEMENT: As an Anglophone university, The American University of Paris is strongly committed to effective English language mastery at the undergraduate level.  Most courses require scholarly research and formal written and oral presentations in English, and AUP students are expected to strive to achieve excellence in these domains as part of their course work.  To that end, professors include English proficiency among the criteria in student evaluation, often referring students to the university Writing Lab where they may obtain help on specific academic assignments.  Proficiency in English is monitored at various points throughout the student’s academic career, most notably during the admissions and advising processes, while the student is completing general education requirements, and during the accomplishment of degree program courses and senior theses.         COURSE SCHEDULE: NB. This schedule is subject to change. Additional readings may be assigned/ substituted spontaneously during class sessions. Students are responsible for all material, assignments and information given in class regardless of attendance. January Week I – 18th – 22nd TOPIC Introduction to course/ Law vs. Legal Theory READING “An overview of the relationship between Law and Morality” (ch.2 McLeod) Week II – 25th – 29th    TOPIC Categories of Legal Argument READING Nietzsche “Long Live Physics” (Gay Science) + Genealogy of Morals(selected sections) Foucault “Body of the Condemned” (Discipline and Punish)                                             January 24th – last day to drop/add courses online       February Week III – 1st – 5th TOPIC Normativity READING Foucault “Panopticism” (Discipline and Punish) Week IV –8th – 12th  TOPIC Surveillance READING Foucault History of Sexuality vol. I (selected sections)                                                                      February 8th – 10th, Mini break 1, (no classes)                                      Week V – 15th – 19th TOPIC Feminist Critiques of Law -overview READING Jacqui Alexander “Not Just (Any) Body Can be a Citizen: The Politics of Law, Sexuality and Postcoloniality…” Week VI – 22nd – 26th  TOPIC Gender, Legislation and Social Justice READING Joan W Scott “Gender, Still a Useful Category of Analysis? Afsaneh Najmabadi “Beyond the Americas: Are Gender and Sexuality Useful Categories of Analysis                                                                      February24th – 28th, Mini break 2, (no classes)                         March Week VII – 1st – 5th TOPIC CLASS PRESENTATION(S): MacKinnon vs West READING Catherine MacKinnon “Feminism, Marxism, Method and the State: Towards Feminist Jurisprudenc  Robin West “Jurisprudence and Gender”             Week VIII – 8th –12th TOPIC MID-TERM REVIEW AND EXAM (MARCH 12th) READING Week IX – 15th – 19th TOPIC Representation READING Linda Alcoff “The Problem of Speaking for Others” bell hooks “Outlaw culture: resisting representation” March 17th,  Mid-semester                  March19th, Mid-semester grades due Week X – 22nd – 26th TOPIC CLASS PRESENTATION(S): READING TBD Week XI–29th – 2nd                               TOPIC Law, Justice and Identity Politics READING KimberléCrenshaw “Mapping the Margins: Intersectionality, Identity Politics and Violence Against Women of Color” Nancy Fraser “Feminist Politics in the Age of Recognition: A Two Dimensional Approach to Gender Justice” Denise da Silva “White Feminist Fatigue Syndrome: A Reply to Nancy Frase                                                                April 2nd, last day to withdraw from a course.                                                                Last day to choose the CR/NC grading option. April Week XII – 5th – 9th TOPIC Law, Justice and Intersectionality READING Patricia Hill Collins Fighting Words: Black Women and the Search for Justice(selected sections) Emily Grabham “Intersectionality, Traumatic Impressions”                                                                 April 5th, Easter Monday (no classes)             April 6th, Faculty retreat (no classes) Week XIII – 12th – 16th TOPIC Governmentalizing Gender READING Flavia Agnes, “Law, Ideology and Female Sexuality” Nivedita Menon “ Sexuality, Caste, Governmentality : Contests over “Gender” in India Week XIV – 19th – 23rd TOPIC Future Directions and Inspirations READING Denise da Silva talk for Barnard Centre for Research on Women’s working group (Practicing Refusal:  Thinking Beyond Resistance) Week XV – 26th – 30th TOPIC CLASS PRESENTATION(S): READING TB                                                              May 7th 3:00 pm Final Exam                      Further Reading/Bibliography Ahmed, S 2001, “The Organization of Hate” Law and Critique 12: 345-65 Agnes, Flavia 2001, Law and Gender Inequality: The Politics of Women’s Rights in India, Oxford University Press Baer, J. A. 1999. Our Lives before the Law: Constructing a Feminist Jurisprudence. Princeton, NJ: Princeton: University Press. Belenky, M., Clinchy, B., Goldberger, N., and Tarule, J. 1986. Women’s Ways of Knowing: The Development of Self, Voice, and Mind. New York: Basic Books. Brown, W. 1990. “Consciousness razing”. Nation, 250: 61–4. ————– 1995. States of Injury: Power and Freedom in Late Modernity Princeton University Press, Princeton, New Jersey. Butler, J. 2000, Antigone’s Claim, Columbia University Press Cain, P. A. 1991. “Feminist jurisprudence: grounding the theories” pp. 263–80 in Feminist Legal Theory: Readings in Law and Gender, ed. K. T. Bartlett and R. Kennedy. Boulder Colo.: Westview. Chandra, Sudhir 1998 Enslaved Daughters : Colonialism, Law and Women’s Rights, Oxford University Press Conaghan, Joanne, Law and Gender (Clarendon Law Series), Oxford University Press, 2013. Crenshaw, K. 1989 « Demarginalizing the Intersection of Race and Sex : A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics » The University of Chicago Legal Forum 139-67. Cornell, D. 1991. Beyond Accommodation: Ethical Feminism, Deconstruction, and the Law. New York: Routledge, Chapman and Hall. Da Silva, Denise Ferreira “White Feminist Fatigue Syndrome : a reply to Nancy Fraser” Critical Legal Thinking ‘law and the political’, October 2013 ——- Law, Race and the Postcolonial, Routledge, Cavendish, 2015 Downs, D. A. 1996. More Than Victims: Battered Women, the Syndrome Society, and the Law. Chicago: University of Chicago Press. DuBois, E. C., Dunlap, M. C., Gilligan, C. J., MacKinnon, C. A., Marcus, I., Menkel-Meadow, C. J., and Spiegelman, P. J. 1985. “Feminist discourse, moral values, and the law: a conversation”. Buffalo Law Review, 34: 11–87. Duclos, Nitya 1993 “Disappearing Women: Racial Minority Women in Human Rights Cases” Canadian Journal of Women and the Law 6:25-51. Fraser, Nancy 2001 “Feminist Politics in the Age of Recognition: A Two Dimensional Approach to Gender Justice” Studies in Social Justice, 1,(1), Winter 2007: 23-35 Foucault, Michel 1977 Discipline and Punish, The Birth of the Prison, Penguine Ginsburg, R. B. 1978. “Sex equality and the Constitution”. Tulane Law Review, 52: 451–3. Goldstein, L. F. (ed.) 1992. Feminist Jurisprudence: The Difference Debate. Lanham, Md: Rowman and Littlefield. Harding, S. 1990. Whose Science? Whose Knowledge? Thinking from Women’s Lives. Ithaca, NY: Cornell University Press. Harris, A., 1990. “Race and essentialism in feminist legal theory”. Stanford Law Review, 42: 581–616. Harris, A., 1999. « Building Theory, Building Community » Social and Legal Studies 8 (3) : 313-25 Hutchinson, Darren Lenard (1997) “Out Yet Unseen” A Racial Critique of Gay and Lesbian Legal Theory and Political Discourse” Connecticut Law Review 29: 561-645. Menon, N. 2004. Recovering Subversion: Feminist Politics Beyond the Law University of Illinois Press. MacDonald, G., Osborne, R.L. and Smith, C. (eds) (2005) Feminsm, Law, Inclusion: Intersectionality in Action Toronto: Sumach Press MacKinnon, C. A, 2005. Women’s Lives, Men’s Laws. Cambridge, Mass.: Harvard University Press. MacKinnon, C. A, 2006. Are Women Human? Cambridge, Mass.: Harvard University Press. McLeod, Ian, Legal Theory (Palgrave Macmillan Law Masters), Palgrave Macmillan, 2010. Rhode, D. L. 1990. Feminist critical theories. Stanford Law Review, 42: 617–38. Schulhofer, S. J. 1998. Unwanted Sex: The Culture of Intimidation and the Failure of Law. Cambridge, Mass.: Harvard University Press. Valdes, F. 1995 « Sex and Race in Queer Legal Culture : Ruminations on Identities and Inter-Connectivities » Southern California Review of Law and Women’s Studies 5: 25-71 West, R. 2011. Normative Jurisprudence: An Introduction, Cambridge University Press. ——— 1988. “Jurisprudence and Gender”. University of Chicago Law Review, 55: 1–72. Williams, J. 1992. “Deconstructing gender”. Pp. 41–98 in Feminist Jurisprudence: The Difference Debate, ed. L. F. Goldstein. Lanham, Md. Rowman and Littlefield.

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