Janice Richardson | Monash University (original) (raw)

Papers by Janice Richardson

Research paper thumbnail of Regulating Intimacy: A New Legal Paradigm

Contemporary Political Theory, Apr 28, 2005

Research paper thumbnail of Law and the Philosophy of Privacy

Law and the Philosophy of Privacy, 2015

Research paper thumbnail of Feminist Perspectives on Law and Theory

Research paper thumbnail of Christine Battersby and the Law

Women: A Cultural Review, 2011

Research paper thumbnail of Feminist perspectives on law & theory

Feminism, Law and Theory Part 1: Theory and Practice Part Two: Legal Subjectivity Part 3: Minorit... more Feminism, Law and Theory Part 1: Theory and Practice Part Two: Legal Subjectivity Part 3: Minoritarian Politics

Research paper thumbnail of The Changing Meaning of Privacy, Identity and Contemporary Feminist Philosophy

Minds and Machines, 2011

This paper draws upon contemporary feminist philosophy in order to consider the changing meaning ... more This paper draws upon contemporary feminist philosophy in order to consider the changing meaning of privacy and its relationship to identity, both online and offline. For example, privacy is now viewed by European Court of Human Rights (ECtHR) as a right, which when breached can harm us by undermining our ability to maintain social relations. I briefly outline the meaning of privacy in common law and under the European Convention on Human Rights (ECHR) in order to show the relevance of contemporary feminist thought, in particular the image of selfhood that stresses its relationality. I argue that the meaning of privacy is in the process of altering as a result of a number of contingent factors including both changes in technology, particularly computer mediated communication (CMC), and changes in the status of women. This latter point can be illustrated by the feminist critique of the traditional reluctance of the liberal state to interfere with violence and injustice within the ''privacy'' of the home. In asking the question: ''how is the meaning of ''privacy'' changing?'' I consider not only contemporary legal case law but also Thomas Nagel's influential philosophical analysis of privacy. Nagel's position is useful because of the detail with which he outlines what privacy used to mean, whilst bemoaning its passing. I agree with his view that its meaning is changing but am critical of his perspective. In particular, I challenge his claim regarding the traditional ''neutrality of language'' and consider it in the context of online identity.

Research paper thumbnail of 7 Jean Hampton’s Reworking of Rawls: Is “Feminist Contractarianism” Useful for Feminism?

Feminist Interpretations of John Rawls

Research paper thumbnail of Locke : Privacy, property in the person, memory and selfhood

Research paper thumbnail of Autonomy, selfhood and privacy

Research paper thumbnail of Spinoza’s Conception of Personal and Political Change: A Feminist Perspective

Law and Critique

By focusing upon three figures: a trade unionist, who can no longer understand or reconcile himse... more By focusing upon three figures: a trade unionist, who can no longer understand or reconcile himself with his past misogynist behaviour; Spinoza’s Spanish poet, who loses his memory and can no longer write poetry or even recognise his earlier work; and Spinoza’s lost friend, Burgh, who became a devout Catholic, I draw out Spinoza’s description of radical change in beliefs. I explore how, for Spinoza, radical changes that involve an increase in our powers of acting are conceived differently from those changes that reduce our power. These transitions—which can be viewed as both personal and political—are not symmetrical because of the way in which they can be understood in relation to selfhood. To highlight the originality of Spinoza’s argument on personal change, I then compare it with that of his contemporary John Locke, who in Chapter 27 of the Essay Concerning Human Understanding famously theorises the maintenance of personal identity. I draw out one common aspect of the work of Étienne Balibar and of Janet Coleman to compare the ways in which Spinoza and Locke produce different answers to the same questions: how do we conceptualise our encounters with bodies and with ideas? How do these encounters affect our identity over time? In the final section, I switch from analysing personal (but also political) change to consider political change itself, by juxtaposing Warren Montag’s Spinozist analysis of the will, with Carole Pateman’s feminist critique of contract and consent.

Research paper thumbnail of Spinoza, Kant and the sublime

Textual Practice

ABSTRACT In this article, I draw out the implications of understanding Kant’s influential analysi... more ABSTRACT In this article, I draw out the implications of understanding Kant’s influential analysis of the sublime through Spinoza’s framework. By delineating different stages in the sublime experience, I map Kant’s description of the dynamic and mathematical sublime, with their associated pleasure in pain, onto Spinoza’s analysis of our encounter with any (art) object. Both describe experiences that start with imagination and sad passions turning to joyful affects with our employment of reason. In addition to joyful affects, both describe experiences that hold deeper implications for our self-understanding in relation to God/Nature. However, the meanings of these terms and the conceptual frameworks are radically different. From Spinoza’s position, experience of the Kantian sublime would prompt superstition and diminish us, reducing our power and virtue. I then consider what would be the equivalent of the sublime experience for Spinoza that would be associated with joy. Finally, I draw on both Spinozist and feminist critique to rethink the Kantian tradition of the sublime.

Research paper thumbnail of Jean Hampton's Reworking of Rawls: Can Contractarianism be Useful for Feminists?

ABSTRACT Abstract will be provided by author.

Research paper thumbnail of Selves, persons, individuals : a feminist critique of the law of obligations

This thesis examines some of the contested meanings of what it is to be a self, person and indivi... more This thesis examines some of the contested meanings of what it is to be a self, person and individual. The law of obligations sets the context for this examination. One of the important aspects of contemporary feminist philosophy has been its move beyond highlighting inconsistencies in political and legal theory, in which theoretical frameworks can be shown to rely upon an ambiguous treatment of women. The feminist theorists whose work is considered use these theoretical weaknesses as a point of departure to propose different conceptual frameworks. I start by analysing contemporary work on the self from within both philosophy of science and feminist metaphysics to draw out common approaches from these diverse positions. These themes are then discussed in the context of the law. I then critically examine the concept of legal personhood in the work of Drucilla Cornell and her proposals for the amendment of tort law. This is juxtaposed with an analysis of the practical operation of tort law by adapting Francois Ewald's work on risk and insurance to English law. I concentrate on women's ambiguous position with regard to both risk and to the image of the individual that is the subject of Ewald's critique. This is followed by an examination of the changing position of women with regard to 'possessive individualism', 'self-ownership' or 'property in the person' in relation to contract law and social contract theory. There are a number of different social contracts discussed in the thesis: Cornell's reworking of John Rawls and the stories of Thomas Hobbes and of Carole Pateman. The final 'social contract' to be discussed is that of 'new contractualism', the employment of contract as a technique of government. I argue that Pateman's critique of possessive individualism continues to be relevant at a time when the breadwinner/housewife model has broken down.

Research paper thumbnail of Red Kant: Aesthetics, Marxism and the third critique

Contemporary Political Theory, 2015

Research paper thumbnail of Hobbes’ Frontispiece: Authorship, Subordination and Contract

Law and Critique, 2015

In this article I argue that the famous image on Hobbes’ frontispiece of Leviathan provides a mor... more In this article I argue that the famous image on Hobbes’ frontispiece of Leviathan provides a more honest picture of authority and of contract than is provided by today’s liberal images of free and equal persons, who are pictured as sitting round a negotiating table making a decision as to the principles on which to base laws. Importantly, in the seventeenth century, at the start of modern political thought, Hobbes saw no contradiction between contractual agreement and subordination. I will draw out these arguments by comparing three images of politics that employ the human body: Hobbes’ frontispiece is compared firstly with an earlier picture of the state, the illustration of the Fable of the Belly, and then with a later Rawlsian image of the social contract described above. At stake is Hobbes’ view of two associated concepts: authorship and authority. I argue that Hobbes’ image is a vivid portrayal of a ‘persona covert’, akin to the feme covert, a wife characterised in common law as so dominated by her husband that she is imagined as being ‘covered’ by his body.

Research paper thumbnail of What Can a Body Do? Sexual Harassment and Legal Procedure

Body and Organization Body and organization, 2000

Research paper thumbnail of Feminist Perspectives on Tort Law

Feminist Perspectives on Tort Law, 2012

Save time and money The Wildy Subscription Management Service provides customers, whether firms, ... more Save time and money The Wildy Subscription Management Service provides customers, whether firms, chambers or individuals, with a one-stop shop for all your subscription and book requirements. This includes annual and charge by release loose-leaf services, reissue volumes, journals, CDs and overseas publications, as well as books from major publishing houses and smaller specialist publishers Our subscription service, coupled with our unrivalled textbook management team, means that you will be offered a complete and comprehensive service, from a single supplier, saving you money and time. COMPARE OUR PRICES TO THOSE YOU ARE BEING CHARGED BY YOUR CURRENT SUPPLIER! Why open an account at Wildy's? One Contact-You will have one dedicated, friendly and knowledgeable Subscription Team to contact-no dealing with various email addresses and call centres. Just one easy management point for all your subscription supplies. One Invoice-Choose from weekly, fortnightly, or monthly consolidated invoicing in paper or electronic formats. One Delivery-Our consolidation service means loose-leafs, journals as well as any book orders can be sent by courier on a weekly or monthly basis, or any other frequency required. Any replacement issues will be claimed in advance before customers realise there has been a problem. By providing a bespoke service we are able to meet individual customer's requirements Transparent pricing-There are no hidden markups or consolidation fees. Total Subscription Management-Over the years Wildy's have retained key personnel. We have built up a wealth of knowledge and experience and excellent contacts with all the major publishers. Our key account status means that all enquiries, claims and orders are dealt with swiftly. WAMS-Wildy's Account Management System will allow you to view all aspects of your account online. You will be able to look at invoices issued on your account, outstanding book orders, standing orders and subscriptions. You can also use the Quick Orders tab to place orders using ISBNs-useful if you are ordering a large number of books at once. Also included are various reports that you can either view on-screen or download to your desktop. Contact the Wildy Subscription Management Team today to find our how we can help

Research paper thumbnail of Time for Reflection? Considering the" Past"," Present" and" Future" of Feminist Legal Scholarship: A Roundtable Discussion

feminists@ …, 2011

The UK Government has announced 2 new appointments to the Supreme Court. Lord Justice Wilson and ... more The UK Government has announced 2 new appointments to the Supreme Court. Lord Justice Wilson and Jonathan Sumption QC are both white men from traditional backgrounds at the Bar. Of the court's 12 members, Lady Hale remains the only woman. In a recent interview ...

Research paper thumbnail of Feminist Perspectives on Tort Law

Save time and money The Wildy Subscription Management Service provides customers, whether firms, ... more Save time and money The Wildy Subscription Management Service provides customers, whether firms, chambers or individuals, with a one-stop shop for all your subscription and book requirements. This includes annual and charge by release loose-leaf services, reissue volumes, journals, CDs and overseas publications, as well as books from major publishing houses and smaller specialist publishers Our subscription service, coupled with our unrivalled textbook management team, means that you will be offered a complete and comprehensive service, from a single supplier, saving you money and time. COMPARE OUR PRICES TO THOSE YOU ARE BEING CHARGED BY YOUR CURRENT SUPPLIER! Why open an account at Wildy's? One Contact-You will have one dedicated, friendly and knowledgeable Subscription Team to contact-no dealing with various email addresses and call centres. Just one easy management point for all your subscription supplies. One Invoice-Choose from weekly, fortnightly, or monthly consolidated invoicing in paper or electronic formats. One Delivery-Our consolidation service means loose-leafs, journals as well as any book orders can be sent by courier on a weekly or monthly basis, or any other frequency required. Any replacement issues will be claimed in advance before customers realise there has been a problem. By providing a bespoke service we are able to meet individual customer's requirements Transparent pricing-There are no hidden markups or consolidation fees. Total Subscription Management-Over the years Wildy's have retained key personnel. We have built up a wealth of knowledge and experience and excellent contacts with all the major publishers. Our key account status means that all enquiries, claims and orders are dealt with swiftly. WAMS-Wildy's Account Management System will allow you to view all aspects of your account online. You will be able to look at invoices issued on your account, outstanding book orders, standing orders and subscriptions. You can also use the Quick Orders tab to place orders using ISBNs-useful if you are ordering a large number of books at once. Also included are various reports that you can either view on-screen or download to your desktop. Contact the Wildy Subscription Management Team today to find our how we can help

Research paper thumbnail of Humility, acquiescentia and subordination: a Spinozist response to Jean Hampton's feminist Kantianism

Research paper thumbnail of Regulating Intimacy: A New Legal Paradigm

Contemporary Political Theory, Apr 28, 2005

Research paper thumbnail of Law and the Philosophy of Privacy

Law and the Philosophy of Privacy, 2015

Research paper thumbnail of Feminist Perspectives on Law and Theory

Research paper thumbnail of Christine Battersby and the Law

Women: A Cultural Review, 2011

Research paper thumbnail of Feminist perspectives on law & theory

Feminism, Law and Theory Part 1: Theory and Practice Part Two: Legal Subjectivity Part 3: Minorit... more Feminism, Law and Theory Part 1: Theory and Practice Part Two: Legal Subjectivity Part 3: Minoritarian Politics

Research paper thumbnail of The Changing Meaning of Privacy, Identity and Contemporary Feminist Philosophy

Minds and Machines, 2011

This paper draws upon contemporary feminist philosophy in order to consider the changing meaning ... more This paper draws upon contemporary feminist philosophy in order to consider the changing meaning of privacy and its relationship to identity, both online and offline. For example, privacy is now viewed by European Court of Human Rights (ECtHR) as a right, which when breached can harm us by undermining our ability to maintain social relations. I briefly outline the meaning of privacy in common law and under the European Convention on Human Rights (ECHR) in order to show the relevance of contemporary feminist thought, in particular the image of selfhood that stresses its relationality. I argue that the meaning of privacy is in the process of altering as a result of a number of contingent factors including both changes in technology, particularly computer mediated communication (CMC), and changes in the status of women. This latter point can be illustrated by the feminist critique of the traditional reluctance of the liberal state to interfere with violence and injustice within the ''privacy'' of the home. In asking the question: ''how is the meaning of ''privacy'' changing?'' I consider not only contemporary legal case law but also Thomas Nagel's influential philosophical analysis of privacy. Nagel's position is useful because of the detail with which he outlines what privacy used to mean, whilst bemoaning its passing. I agree with his view that its meaning is changing but am critical of his perspective. In particular, I challenge his claim regarding the traditional ''neutrality of language'' and consider it in the context of online identity.

Research paper thumbnail of 7 Jean Hampton’s Reworking of Rawls: Is “Feminist Contractarianism” Useful for Feminism?

Feminist Interpretations of John Rawls

Research paper thumbnail of Locke : Privacy, property in the person, memory and selfhood

Research paper thumbnail of Autonomy, selfhood and privacy

Research paper thumbnail of Spinoza’s Conception of Personal and Political Change: A Feminist Perspective

Law and Critique

By focusing upon three figures: a trade unionist, who can no longer understand or reconcile himse... more By focusing upon three figures: a trade unionist, who can no longer understand or reconcile himself with his past misogynist behaviour; Spinoza’s Spanish poet, who loses his memory and can no longer write poetry or even recognise his earlier work; and Spinoza’s lost friend, Burgh, who became a devout Catholic, I draw out Spinoza’s description of radical change in beliefs. I explore how, for Spinoza, radical changes that involve an increase in our powers of acting are conceived differently from those changes that reduce our power. These transitions—which can be viewed as both personal and political—are not symmetrical because of the way in which they can be understood in relation to selfhood. To highlight the originality of Spinoza’s argument on personal change, I then compare it with that of his contemporary John Locke, who in Chapter 27 of the Essay Concerning Human Understanding famously theorises the maintenance of personal identity. I draw out one common aspect of the work of Étienne Balibar and of Janet Coleman to compare the ways in which Spinoza and Locke produce different answers to the same questions: how do we conceptualise our encounters with bodies and with ideas? How do these encounters affect our identity over time? In the final section, I switch from analysing personal (but also political) change to consider political change itself, by juxtaposing Warren Montag’s Spinozist analysis of the will, with Carole Pateman’s feminist critique of contract and consent.

Research paper thumbnail of Spinoza, Kant and the sublime

Textual Practice

ABSTRACT In this article, I draw out the implications of understanding Kant’s influential analysi... more ABSTRACT In this article, I draw out the implications of understanding Kant’s influential analysis of the sublime through Spinoza’s framework. By delineating different stages in the sublime experience, I map Kant’s description of the dynamic and mathematical sublime, with their associated pleasure in pain, onto Spinoza’s analysis of our encounter with any (art) object. Both describe experiences that start with imagination and sad passions turning to joyful affects with our employment of reason. In addition to joyful affects, both describe experiences that hold deeper implications for our self-understanding in relation to God/Nature. However, the meanings of these terms and the conceptual frameworks are radically different. From Spinoza’s position, experience of the Kantian sublime would prompt superstition and diminish us, reducing our power and virtue. I then consider what would be the equivalent of the sublime experience for Spinoza that would be associated with joy. Finally, I draw on both Spinozist and feminist critique to rethink the Kantian tradition of the sublime.

Research paper thumbnail of Jean Hampton's Reworking of Rawls: Can Contractarianism be Useful for Feminists?

ABSTRACT Abstract will be provided by author.

Research paper thumbnail of Selves, persons, individuals : a feminist critique of the law of obligations

This thesis examines some of the contested meanings of what it is to be a self, person and indivi... more This thesis examines some of the contested meanings of what it is to be a self, person and individual. The law of obligations sets the context for this examination. One of the important aspects of contemporary feminist philosophy has been its move beyond highlighting inconsistencies in political and legal theory, in which theoretical frameworks can be shown to rely upon an ambiguous treatment of women. The feminist theorists whose work is considered use these theoretical weaknesses as a point of departure to propose different conceptual frameworks. I start by analysing contemporary work on the self from within both philosophy of science and feminist metaphysics to draw out common approaches from these diverse positions. These themes are then discussed in the context of the law. I then critically examine the concept of legal personhood in the work of Drucilla Cornell and her proposals for the amendment of tort law. This is juxtaposed with an analysis of the practical operation of tort law by adapting Francois Ewald's work on risk and insurance to English law. I concentrate on women's ambiguous position with regard to both risk and to the image of the individual that is the subject of Ewald's critique. This is followed by an examination of the changing position of women with regard to 'possessive individualism', 'self-ownership' or 'property in the person' in relation to contract law and social contract theory. There are a number of different social contracts discussed in the thesis: Cornell's reworking of John Rawls and the stories of Thomas Hobbes and of Carole Pateman. The final 'social contract' to be discussed is that of 'new contractualism', the employment of contract as a technique of government. I argue that Pateman's critique of possessive individualism continues to be relevant at a time when the breadwinner/housewife model has broken down.

Research paper thumbnail of Red Kant: Aesthetics, Marxism and the third critique

Contemporary Political Theory, 2015

Research paper thumbnail of Hobbes’ Frontispiece: Authorship, Subordination and Contract

Law and Critique, 2015

In this article I argue that the famous image on Hobbes’ frontispiece of Leviathan provides a mor... more In this article I argue that the famous image on Hobbes’ frontispiece of Leviathan provides a more honest picture of authority and of contract than is provided by today’s liberal images of free and equal persons, who are pictured as sitting round a negotiating table making a decision as to the principles on which to base laws. Importantly, in the seventeenth century, at the start of modern political thought, Hobbes saw no contradiction between contractual agreement and subordination. I will draw out these arguments by comparing three images of politics that employ the human body: Hobbes’ frontispiece is compared firstly with an earlier picture of the state, the illustration of the Fable of the Belly, and then with a later Rawlsian image of the social contract described above. At stake is Hobbes’ view of two associated concepts: authorship and authority. I argue that Hobbes’ image is a vivid portrayal of a ‘persona covert’, akin to the feme covert, a wife characterised in common law as so dominated by her husband that she is imagined as being ‘covered’ by his body.

Research paper thumbnail of What Can a Body Do? Sexual Harassment and Legal Procedure

Body and Organization Body and organization, 2000

Research paper thumbnail of Feminist Perspectives on Tort Law

Feminist Perspectives on Tort Law, 2012

Save time and money The Wildy Subscription Management Service provides customers, whether firms, ... more Save time and money The Wildy Subscription Management Service provides customers, whether firms, chambers or individuals, with a one-stop shop for all your subscription and book requirements. This includes annual and charge by release loose-leaf services, reissue volumes, journals, CDs and overseas publications, as well as books from major publishing houses and smaller specialist publishers Our subscription service, coupled with our unrivalled textbook management team, means that you will be offered a complete and comprehensive service, from a single supplier, saving you money and time. COMPARE OUR PRICES TO THOSE YOU ARE BEING CHARGED BY YOUR CURRENT SUPPLIER! Why open an account at Wildy's? One Contact-You will have one dedicated, friendly and knowledgeable Subscription Team to contact-no dealing with various email addresses and call centres. Just one easy management point for all your subscription supplies. One Invoice-Choose from weekly, fortnightly, or monthly consolidated invoicing in paper or electronic formats. One Delivery-Our consolidation service means loose-leafs, journals as well as any book orders can be sent by courier on a weekly or monthly basis, or any other frequency required. Any replacement issues will be claimed in advance before customers realise there has been a problem. By providing a bespoke service we are able to meet individual customer's requirements Transparent pricing-There are no hidden markups or consolidation fees. Total Subscription Management-Over the years Wildy's have retained key personnel. We have built up a wealth of knowledge and experience and excellent contacts with all the major publishers. Our key account status means that all enquiries, claims and orders are dealt with swiftly. WAMS-Wildy's Account Management System will allow you to view all aspects of your account online. You will be able to look at invoices issued on your account, outstanding book orders, standing orders and subscriptions. You can also use the Quick Orders tab to place orders using ISBNs-useful if you are ordering a large number of books at once. Also included are various reports that you can either view on-screen or download to your desktop. Contact the Wildy Subscription Management Team today to find our how we can help

Research paper thumbnail of Time for Reflection? Considering the" Past"," Present" and" Future" of Feminist Legal Scholarship: A Roundtable Discussion

feminists@ …, 2011

The UK Government has announced 2 new appointments to the Supreme Court. Lord Justice Wilson and ... more The UK Government has announced 2 new appointments to the Supreme Court. Lord Justice Wilson and Jonathan Sumption QC are both white men from traditional backgrounds at the Bar. Of the court's 12 members, Lady Hale remains the only woman. In a recent interview ...

Research paper thumbnail of Feminist Perspectives on Tort Law

Save time and money The Wildy Subscription Management Service provides customers, whether firms, ... more Save time and money The Wildy Subscription Management Service provides customers, whether firms, chambers or individuals, with a one-stop shop for all your subscription and book requirements. This includes annual and charge by release loose-leaf services, reissue volumes, journals, CDs and overseas publications, as well as books from major publishing houses and smaller specialist publishers Our subscription service, coupled with our unrivalled textbook management team, means that you will be offered a complete and comprehensive service, from a single supplier, saving you money and time. COMPARE OUR PRICES TO THOSE YOU ARE BEING CHARGED BY YOUR CURRENT SUPPLIER! Why open an account at Wildy's? One Contact-You will have one dedicated, friendly and knowledgeable Subscription Team to contact-no dealing with various email addresses and call centres. Just one easy management point for all your subscription supplies. One Invoice-Choose from weekly, fortnightly, or monthly consolidated invoicing in paper or electronic formats. One Delivery-Our consolidation service means loose-leafs, journals as well as any book orders can be sent by courier on a weekly or monthly basis, or any other frequency required. Any replacement issues will be claimed in advance before customers realise there has been a problem. By providing a bespoke service we are able to meet individual customer's requirements Transparent pricing-There are no hidden markups or consolidation fees. Total Subscription Management-Over the years Wildy's have retained key personnel. We have built up a wealth of knowledge and experience and excellent contacts with all the major publishers. Our key account status means that all enquiries, claims and orders are dealt with swiftly. WAMS-Wildy's Account Management System will allow you to view all aspects of your account online. You will be able to look at invoices issued on your account, outstanding book orders, standing orders and subscriptions. You can also use the Quick Orders tab to place orders using ISBNs-useful if you are ordering a large number of books at once. Also included are various reports that you can either view on-screen or download to your desktop. Contact the Wildy Subscription Management Team today to find our how we can help

Research paper thumbnail of Humility, acquiescentia and subordination: a Spinozist response to Jean Hampton's feminist Kantianism