By Ratna Kapur
The essays in Erotic Justice handle the ways that legislations has been implicated in modern debates facing sexuality, tradition and `different' matters - together with girls, sexual minorities, Muslims and the transnational migrant. legislation is analyzed as a discursive terrain, the place those diversified topics are excluded or integrated within the postcolonial current on phrases which are similar to the colonial stumble upon and its remedy of distinction. Bringing a postcolonial feminist felony research to her dialogue, Kapur is relentless in her reviews on how colonial discourses, cultural essentialism, and sufferer rhetoric are reproduced in common, liberal initiatives corresponding to human rights and foreign legislation, in addition to within the criminal legislation of sexuality and tradition in a postcolonial context. Drawing her examples from postcolonial India, Ratna Kapur demonstrates the theoretical and disruptive chances that the postcolonial topic brings to overseas legislations, human rights, and household law. within the approach, demanding situations are provided to the political and theoretical buildings of the country, sexuality, cultural authenticity, and women's subjectivity.
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Extra resources for Erotic Justice: Law and the New Politics of Postcolonialism
Mill himself worked with the East India Company for over 35 years, drafting policy documents that, once they had been approved by the directors of the Company and the Board of Control, were forwarded to the Governor-General of India (Zastoupil, 1994). These dispatches became important in the formulation of colonial discourse, and also reflect how JS Mill, amongst others, attempted to reconcile a universalist approach to liberty with the subjugation of the Asian subcontinent (Lal, 1998; Parekh, 1994, pp 11–13; Parekh, 1995).
The subject of colonial rule was regarded as different, infantile, primitive, an Other, and hence denied the benefits of liberalism until he or she was trained into civilisation. This analysis was 25 26 Erotic Justice perfectly consistent with the terms of liberalism, and creates a logic that continues to operate in the present, justifying a host of exclusions, whether these are blacks, women, or sexual and religious subgroups. Exclusion is thus inherent to liberalism, while the terms of inclusion demand the erasure of difference.
A primary ingredient of sexual harassment as defined by the Supreme Court guidelines is that the sexual conduct must be unwelcome. A second requirement appears to be that the conduct must disadvantage a woman, such as by affecting her recruitment or promotion, or creating a hostile work environment. Under this definition, there are certain clear cases of sexual conduct that constitute sexual harassment – for instance, what has been called quid pro quo sexual harassment, in which a threat is made or a benefit offered in order to obtain sex.
Erotic Justice: Law and the New Politics of Postcolonialism by Ratna Kapur
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