Rekonstruktiewe feminisme : 'n ondersoek na die reg as manlike struktuur en die moonlikheid van transformasie met spesifieke verwysing na pornografie

Abstract

The main focus of this study is Benhabib' s concepts of the 'concrete other' and 'interactive' universalism, Cornell's 'ethical' feminist thought and Nedelsky's argument on 'rights as relationship'. The need for an affirmation of the feminine is emphasised. I argue that we should strive towards a 'new choreography of sexual difference' based on the ethical view that 'woman' cannot be described in the present. She is the beyond. My study explore the implications of ethical feminism for the possibility of the transformation of a legal system and society as a whole. In this regard it lays particular emphasis on Derrida's concept of 'justice as aporia' and justice as limit to a legal system. I discuss pornography as a concrete example of texts that may either frustrate transformation or contribute to it. I argue in . this regard that pornography should not be banned but that access to pornography should be subjected to restrictions. This approach will serve the ambigious nature of pornography as both a threat to and a vehicle for the exploration of the feminine in contemporary society.