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Otto, Dianne --- "Everything Is Dangerous: Some Poststructural Tools For Rethinking the Universal Knowledge Claims of Human Rights Law" [1999] AUJlHRights 1; (1999) 5(1) Australian Journal of Human Rights 17

[1] Universal Declaration of Human Rights (UDHR), GA Res 217A 3 UN GAOR, UN Doc A/Res/217A, Part 1 (1948) 71 was adopted by 48 votes, with eight abstentions and none against.

[2] Henkin L `Introduction' in Henkin L (ed) The International Bill of Rights: The Covenant on Civil and Political Rights Columbia University Press, New York (1981) 1, 7.

[3] Although the UDHR was an aspirational statement in 1948 and not a proclamation of `law', it is considered by many to have become a statement of customary international law. See Sohn L `The New International Law: Protection of the Rights of Individuals Rather Than States' (1982) 32 American University Law Review 1, 16; Kaladharan Nayar M G `Introduction: Human Rights: The United Nations and United States Foreign Policy' (1978) 19 Harvard International Law Journal 813, 816-7; Montreal Statement of the Assembly for Human Rights, 22-27 March 1968, (1968) Journal of the International Commission of Jurists 94.

[4] The terms `post-structural' and `post-modern' are often used interchangeably and there is considerable overlap between the two projects in their fundamental challenge of the certainties of modern knowledges. Smart C Law, Crime and Sexuality: Essays in Feminism Sage Publications, London (1995) pp 7-9, distinguishes post-structuralism as being more concerned with the local, embodied, situated construction of knowledge while post-modernism is a critique of the epistemological foundations of modernity. Like Smart, I use the term post-structuralism to indicate my interest in the local mechanisms of power, how concrete bodies are invested with particular meanings and subjectivities, and how these effects of power can be resisted.

[5] For discussion of the term `transformative' see note 26 and accompanying text.

[6] There were 48 states that voted to adopt the UDHR. The eight abstaining states were Saudi Arabia, South Africa, and six members of the Eastern European bloc: Belarus, Czechoslovakia, Poland, Ukraine, Union of Soviet Socialist Republics (USSR) and Yugoslavia. It should be noted that the duty of states to observe the provisions of the UDHR was later acknowledged unanimously in General Assembly Resolutions. See GA Res 1904, 18 GAOR Supp 15, UN Doc A/5515, (1963) 35.

[7] Saudi Arabia has since taken many opportunities to reconfirm this position. See statement made to the General Assembly that human rights are interpreted differently by different traditions: 32 UN GAOR C3 (43rd mtg), at 11-13, UN Doc A/C3/32/SR43 (1997). Saudi Arabia has also consistently refused to participate in UN Women's conferences for the same reasons: see Amnesty International, Report on the Fourth World Conference on Women, IOR 41/30/95, 3.

[8] The USSR also had problems with the UDHR because it didn't cite Nazism and fascism as human rights violations. See Leary V A `The Effect of Western Perspectives on International Human Rights' in Ahmen An-Naim A and Deng F M(eds) Human Rights in Africa: Cross Cultural Perspectives The Brookings Institution, Washington DC (1990) p 24. The communist states of Eastern Europe did eventually formally accept the UDHR in the Final Act, Conference on Security and Co-operation in Europe (Helsinki 1975), (1975) 14 ILM 1293.

[9] International Covenant on Civil and Political Rights (ICCPR), adopted GA Res 2200A (XXI), 16 December 1966, entered into force 23 March 1976.

[10] International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted GA Res 2200A (XXI), 16 December 1966, entered into force 3 January 1976. See Cranston M `What are Human Rights?' in Laqueur W and Rubin B (eds) The Human Rights Reader New American Library, New York (1979) pp 17-25; Bailey P Human Rights: Australia in an International Context Butterworths, Sydney(1990) pp 11-17.

[11] Marx K `On the Jewish Question' in Christopher Pierson (ed) The Marx Reader Polity Press, Cambridge (1997) pp 42-44; Kolalowski L `Marxism and Human Rights' (1983) 112(4) Daedalus 81; Lafort C `Politics and Human Rights' in The Political Forms of Modern Society: Bureaucracy, Democracy, Totalitarianism Polity Press, Cambridge (1986) 239-72.

[12] Williams R A `Encounters on the Frontiers of International Human Rights Law: Redefining the Terms of Indigenous Peoples Survival in the World' (1990) Duke Law Journal 660; Morgan E M `The Imagery and Meaning of Self Determination' (1988) 20 New York University Journal of International Law and Politics 355; Williams P and Chrisman L (eds) Colonial Discourse and Postcolonial Theory: A Reader Columbia University Press, New York (1994) particularly Torres G and Milun K `Translating Yonnondio by Precedent and Evidence: The Mashpee Indian Case' (1990) Duke Law Journal 625; Guha R and Chakravorty G Spivak (eds) Selected Subaltern Studies Oxford University Press, New York (1988); `Interpreting Oriental Cases: The Law of Alternity in the Colonial Courtroom' (1994) 107 Harvard Law Review 1711; Pannikar R `Is the Notion of Human Rights a Western Concept?' (1982) 120 Diogenes 76.

[13] Bunch C `Women's Rights as Human Rights: Toward a Re-Vision of Human Rights' (1990) 12 Human Rights Quarterly 486; V Peterson S `Whose Rights? A Critique of the "Givens" in Human Rights Discourse' (1990) 15 Alternatives 303; Charlesworth H `What are "Women's International Human Rights"'in Cook R J (ed) Human Rights of Women University of Pennsylvania Press, Philadelphia (1994) p 58, Cook RJ `Women's International Human Rights Law: The Way Forward' (1993) 15 Human Rights Quarterly 230; Romany C `State Responsibility Goes Private: A Feminist Critique of the Public/Private Distinction in International Human Rights Law' in Cook RJ (ed) Human Rights of Women University of Pennsylvania Press, Philadelphia (1994) p 85; Morgan W and Walker K `Tolerance and Homosex: A Policy of Control and Containment' (1995) 20 Melbourne University Law Review 202; Dorf J and Perez C `Discrimination and the Tolerance of Difference: International Lesbian Human Rights' in Peters J and Wolper A (eds) Women's Rights Human Rights Routledge, New York (1995) p 324.

[14] I use the term `third world' because it highlights the hierarchical ordering of the UN member states during the Cold War that was also reflected in the generational development of human rights law. The term reflects the self-assumed superiority of the first (western/capitalist) and second (eastern/communist) worlds of Europe. It also became a focus for the expression of the unity and solidarity of decolonised states in their struggle to resist European domination.

[15] Declaration on the Right to Development, GA Res A/Res/41/128 (4 December 1986) was adopted by 146 votes to one against, with eight abstentions. The US cast the only vote against adoption. Those who abstained were Denmark, Finland, Germany, Iceland, Israel, Japan, Sweden, United Kingdom.

[16] World Commission on the Environment and Development, Our Common Future Oxford University Press, New York (1987); Report of the UN Conference on Environment and Development, Rio de Janeiro, June 1992, UN Doc A/CONF.151/26; Marks S `Emerging Human Rights: A New Generation for the 1980s?' (1981) 33 Rutgers Law Review 435; Alston P `Peace as a Human Right' (1980) 11 Bulletin of Peace Proposals 319.

[17] Alston P `Making Space for New Human Rights: The Case of the Right to Development' (1988) 1 Harvard Human Rights Yearbook 3, 22.

[18] The generational terminology was first used in an affirmative sense by Manuel G and Polsins M The Fourth World: An Indian Reality Collier-Macmillan, Ontario, Canada (1974). A draft Declaration on the Rights of Indigenous Peoples is currently under consideration by a Working Group of the UN Human Rights Commission.

[19] `Cultural relativity' is a term that has its origins in anthropology and moral philosophy. Ferdinand Teson `International Human Rights and Cultural Relativity' (1985) 25 Virginia Journal of International Law 869, 886-8, identifies several types of cultural relativism. The point I want to highlight is that relativism is based on a comparison that, in human rights law, has Europe as its standard.

[20] See, for example, Pollis A and Schwab P `Human Rights: A Western Construct with Limited Applicability' in Pollis and Schwab (eds) Human Rights: Cultural and Ideological Perspectives Praeger New York (1979) 1; Pannikar, above note 12; contra Donnelly J `Human Rights and Human Dignity: An Analytic Critique of Non-Western Conceptions of Human Rights', (1982) 76 American Political Science Review 303.

[21] Cheah P "Posit(ion)ing Human Rights in the Current Global Conjuncture', (1997) \t9 Public Culture 233, 237. The financial crisis of many of the developing Asian economies that became apparent in late 1997 will obviously impact on the cultural relativity debates -- perhaps opening new possibilities for transformative change.

[22] Bayefsky AF`Cultural Sovereignty, Relativism, and International Human Rights: New Excuses for Old Strategies' (1996) 9 Ratio Juris 42, 51; Teson `International Human Rights and Cultural Relativity' (1985) 25 Virginia Journal of Intellectual Law 869, 895.

[23] The Bangkok Declaration, Declaration of the Ministers and Representatives of Asian States, Regional meeting for Asian-Pacific States in preparation for the 1993 World Conference on Human Rights, Bangkok, Thailand, 29 March-3 April 1993, reprinted in C Davies MC (ed) Human Rights and Chinese Values Oxford University Press, Hong Kong (1995) 205-9.

[24] Otto D`Holding Up Half The Sky, But For Whose Benefit? A Critical Analysis of the Fourth World Conference on Women' (1996) 6 Australian Feminist Law Journal 7, 19.

[25] Boaventura de Sousa Santos `Three Metaphors for a New Conception of Law: The Frontier, the Baroque and the South' (1995) 29(4) Law and Society Review 569, 574-6.

[26] Cornell D Transformations: Recollective Imagination and Sexual Difference Routledge, New York (1993) p 1.

[27] Seidman S Liberalism and the Origins of European Social Theory University of California Press, Berkeley (1983).

[28] Davies M Asking the Law Question Law Book Company, Sydney (1994) p 221.

[29] Ibid pp 96-97.

[30] See for example, Kuhn T The Structure of Scientific Revolutions University of Chicago Press, Chicago (2nd ed 1990); O'Hear A Introduction to the Philosophy of Science Clarendon Press, Oxford (1989); Harding S The Science Question in Feminism Cornell University Press, Ithaca (1986).

[31] Foucault M `Truth and Power' in Gordon C (ed), Power/Knowledge The Harvester Press, Brighton Sussex (1980) 109, 131-2 outlines five characteristics of the political economy of truth in modernity.

[32] Foucault M `Two Lectures' in Gordon C (ed) Power/Knowledge The Harvester Press, Brighton Sussex (1980) 78, 93. Scott JW `Deconstructing Equality-versus-Difference: or, the Uses of Poststructuralist Theory for Feminism' (1988) 14 Feminist Studies 33, 35 explains Foucault's understanding of discourse as follows: `A discourse is not a language or a text but a historically, socially and institutionally specific structure of statements, terms, categories and beliefs ... [d]iscourse is thus contained or expressed in organizations and institutions as well as in words'. Foucault's use of the term `economy' indicates that the exercise of power through discourse is organised in specific and efficient ways. It also makes the link between power and the economic interests which power supports.

[33] Foucault M `Questions of Method' in Burchell G, Gordon C and Miller P (eds),The Foucault Effect University of Chicago Press, Chicago (1991) pp 73, 79.

[34] Smart C Law, Crime and Sexuality: Essays in Feminism Sage Publications, London (1995) p 10.

[35] Descartes R Mediations on First Philosophy Hackett Publishing Company, Indianapolis (1993).

[36] Teson F`The Kantian Theory of International Law' (1992) 92 Columbia Law Review 53, 54.

[37] Davies M Asking the Law Question Law Book Company, Sydney (1994) pp 6-7.

[38] The rejection of human subjectivity as coherent and unified is not a uniquely post-structural insight. It draws on the work of many modern theorists including Freud S, Althusser L and Ferdinand de Saussure.

[39] Weedon C Feminist Practice and Poststructuralist Theory B Blackwell, Oxford UK (1987) p 21.

[40] With regards to the discursive production of sex see Butler J, Gender Trouble: Feminism an the Subversion of Identity Routledge, New York (1990); with regards to race see Haney Lopez IF `The Social Construction of Race' in Delgardo R (ed) Critical Race Theory: The Cutting Edge Temple University Press, Philadelphia (1995) p 191.

[41] See Bordo S `Feminism, Postmodernism, and Gender Scepticism' and Hartsock N `Foucault on Power: A Theory for Women?' in Nicholson L J (ed) Feminism/Postmodernism Routledge, New York (1990) 133 and 157; Fiss OM `The Death of the Law', (1986) 72 Cornell Law Review 1.

[42] Humanistic discourse is characterised by `phallocentrism' which, as explained by \tGrosz E `Philosophy' in Gunew S(ed) Feminist Knowledge: Critique and Construction Routledge, New York (1990) p 150 `is a specifically discursive series of procedures, a strategy of collapsing representation of the two sexes into a single model called "human" or "man", but which is in fact congruent only with the masculine. It is the universalization of particular features of masculinity, as if these were genuinely representative of both sexes'. See also Irigaray L This Sex Which Is Not One Cornell University Press, Ithaca (1985).

[43] Davies M Asking the Law Question Law Book Company, Sydney (1994) p 177.

[44] The constitutive character of language is a general proposition, not confined to modernity.

[45] de Saussure F Course In General Linguistics McGraw-Hill, New York (1959).

[46] Saussure's concept of the `sign' consists of both the `concept' which he calls the `signified' and the `sound-image' which he calls the `signifier'. The relationship between the particular sign and signifier is not determined by a consistent or prior system but is the result of convention. See Davies, above n 28, pp 231-2.

[47] Davies M Asking the Law Question Law Book Company, Sydney (1994) p 221, 229-240.

[48] Ibid p 234.

[49] Derrida J Positions University of Chicago Press, Chicago (1981) p 41.

[50] Grosz E Space, Time and Perversion: The Politics of Bodies (1995) p 53.

[51] Derrida J Positions University of Chicago Press, Chicago (1981) p 41.

[52] Boyle J `Ideals and Things: International Legal Scholarship and the Prison-House of Language' (1985) 26 Harvard International Law Journal 327, 334 defines reification as `the way we turn other people, or social systems, or institutional hierarchies into objects which we then confront as disempowered observers.'

[53] Edward Said `Forward' in Guha R and Chakravorty Spivak G (eds) Selected Subalteran Studies Oxford University Press, New York (1988) v-x, traces origins of the term `subaltern' to Gramsci A. In Gramsci's usage, subalternity is opposite to a `dominant', `elite' or `hegemonic' position of power. Subalteran Studies scholars use the term broadly, as inclusive of all those subordinated in South Asian society, whether because of class, gender, caste, religion, age, office or any other system of hierarchising difference into relations of domination and subordination.

[54] Guha R `The Prose of Counter-Insurgency' in Guha R and Chakravorty Spivak H (eds) Selected Subalteran Studies Oxford University Press, New York (1988) p 45.

[55] Edward Said Orientalism Penguin, London (1978/1995) p 12.

[56] Pateman C The Disorder of Women: Democracy, Feminism and Political Theory Polity Press, Cambridge (1989); Charlesworth H, Chinkin C and Wright S `Feminist Approaches to International Law' (1991) 85 American Journal of International Law 613.

[57] Alexander M J `Not Just (Any) Body Can be a Citizen: The Politics of Law, Sexuality and Postcoloniality in Trinidad and Tobago and the Bahamas' (1994) 48 Feminist Review 5; Robson R Lesbian (Out)Law: Survival Under the Rule of Law Firebrand, Ithaca New York (1992).

[58] Morgan, `The Imagery and Meaning of Self Determination' (1990) 20 New York University Journal of International Law and Politics 355.

[59] Flax J Thinking Fragments: Psychoanalysis, Feminism, and Postmodernism in the Contemporary West University of California Press, Berkeley (1990) p 8.

[60] Nicholson LJ `Introduction' in Nicholson LJ (ed) Feminism/Postmodernism Routledge, New York (1990) p 4.

[61] Butler J `Gender Trouble, Feminist Theory, and Psychanalytic Discourse' in J Nicholson L J (ed) Feminism/Postmodernism Routledge, New York (1990) p 336.

[62] Williams J `Deconstructing Gender', (1989) 87 Michigan Law Review 797.

[63] Scott JW `Deconstructing Equality-versus-Difference: or, the Uses of Poststructuralist Theory for Feminism' (1988) 14 Feminist Studies pp 33, 35.

[64] In introducing a new set of binaries, I concede the usefulness of binary thinking as well as its dangers.

[65] Foucault M `Two Lectures' in Gordon C (ed) Power/Knowledge The Harvester Press, Brighton Sussex (1980) p 93.

[66] Grosz E Space, Time and Perversion: The Politics of Bodies (1995) p 43.

[67] Foucault M `Truth and Power' in Gordon C (ed), Power/Knowledge The Harvester Press, Brighton Sussex (1980) 109, 131-2 outlines five characteristics of the political economy of truth in modernity: uses the term `regime of truth' to refer to the systems that link truth and hegemonic power in a mutually sustaining relationship to each other.

[68] Smart C Law, Crime and Sexuality: Essays in Feminism Sage Publications, London (1995) p 216.

[69] Foucault M `Truth and Power' in Gordon C (ed), Power/Knowledge The Harvester Press, Brighton Sussex (1980) pp 115-6.

[70] Foucault M The History of Sexuality, Volume I Penguin, London (1976) p 82. At 85 Foucault describes `juridical' power as `centred on nothing more than the statement of law and the operation of taboos'.

[71] Foucault M `Two Lectures' in Gordon C (ed) Power/Knowledge The Harvester Press, Brighton Sussex(1980) p 88.

[72] Evgeny Pashukanis Law and Marxism: A General Theory Ink links, London (1978).

[73] Foucault, above n 70, p 88; Foucault, above n 31, pp 115-6. This view does not do justice to Marxist analysis, but Foucault's characterisation of Marxism generally tends to be uni-dimensional and reductionist. I agree with Hunt's suggestion that there are `strategic reasons' for Foucault's rather unsatisfactory engagement with the legacy of Marx: that he uses Marxism as a means of highlighting the distinctiveness of his own analysis of power rather than as a theory with which he directly engages. See Hunt A `Foucault's Expulsion of Law: Towards a Retrieval' (1992) 17 Law and Social Inquiry 1, 10.

[74] Gordon C `Afterword' in Gordon (ed) Power/Knowledge The Harvester Press, Brighton Sussex (1980) 229, 234.

[75] Foucault M `Two Lectures' in Gordon C (ed) Power/Knowledge The Harvester Press, Brighton Sussex(1980) p 98.

[76] Foucault M The History of Sexuality, Volume I Penguin, London (1976) pp 92-93.

[77] Ibid p 92.

[78] Ibid p 99.

[79] Foucault M `Two Lectures' in Gordon C (ed) Power/Knowledge The Harvester Press, Brighton Sussex(1980) p 99.

[80] Grosz E `Philosophy' in Sneja Gunew (ed) Feminist Knowledge: Critique and Construction Routledge, New York (1990) pp 85-86.

[81] Foucault M `Two Lectures' in Colin Gordon (ed) Power/Knowledge The Harvester Press, Brighton Sussex (1980) p 83.

[82] Ibid p 81.

[83] Foucault M The History of Sexuality, Volume I Penguin, London (1976); Foucault M Discipline and Punish: The Birth of the Prison Penguin, London (1975/1979) p 90.

[84] Chakrabarty D `Marx After Marxism: History, Subalternity and Difference' (1993) 52 Meanjin 421, 422.

[85] Williams P The Alchemy of Race and Rights Harvard University Press, Cambridge Massachusetts (1991).

[86] Hunt A `Foucault's Expulsion of Law: Towards a Retrieval' (1992) 17 Law and Social Inquiry 1, 8.

[87] Foucault M `Space, Knowledge and Power' in Rabinow P (ed) The Foucault Reader Penguin, Harmondsworth, Middlesex (1986) p 245, cited in Gordon C, `Government Rationality: An Introduction' in Burchell G, Gordon C and Miller P (eds) The Foucault Effect: Studies in Governmentality Harvester, Wheatsheaf London(1991) p 47.

[88] Foucault M The History of Sexuality, Volume I Penguin, London (1976) p 93.

[89] Foucault M `Truth and Power' in Gordon C (ed), Power/Knowledge The Harvester Press, Brighton Sussex (1980) p 117.

[90] Foucault M `Questions on Geography' in Gordon C (ed) Power/Knowledge The Harvester, Press, Brighton Sussex (1980) pp 73-74.

[91] Foucault M `The Subject and Power' in Dreyfus H L and Rabinow P (eds) Michel Foucault, Beyond Structuralism and Hermeneutics University of Chicago Press, Chicago (1982) pp 221-2.

[92] Gordon C, `Government Rationality: An Introduction' p 5.

[93] Probyn E `Travels in the Postmodern: Making Sense of the Local' in Nicholson L J (ed) Feminism/Postmodernism Routledge, New York (1990) 176, 181-2.

[94] Ibid p 96.

[95] Foucault M `Interview With Lucette Finas' L in Morris and Patten (eds) Michel Foucault: Power, Truth, Strategy Feral Publications, Sydney (1978) p 63.

[96] This point is also made by Said, above n 53, p viii.

[97] Foucault M The History of Sexuality, Volume I Penguin, London (1976) p 95.

[98] Foucault M Discipline and Punish: The Birth of the Prison Penguin, London (1975/1979) p 90.

[99] Ibid p 223.

[100] Foucault M Discipline and Punish: The Birth of the Prison Penguin, London (1975/1979), p 104.

[101] Ibid p 107.

[102] Foucault M Discipline and Punish: The Birth of the Prison Penguin, London (1975/1979) p 303.

[103] Foucault M The History of Sexuality, Volume I Penguin, London (1976) p 139.

[104] Grosz E `Philosophy' in Gunew S (ed) Feminist Knowledge: Critique and Construction Routledge, New York (1990) p 89.

[105] Ibid p 86.

[106] Brown W States of Injury: Power and Freedom in Late Modernity Princeton University Press, Princeton New Jersey (1991) 27; Smart C Feminism and the Power of Law Routledge, London (1989) 163; Hunt, above n 73, p 3.

[107] Davies M Asking the Law Question Law Book Company, Sydney (1994) p 32.

[108] Smart C `Law's Power, the Sexed Body, and Feminist Discourse' (1990) 17 Journal of Law and Society 194, 197.

[109] There are many ways in which connections have been made between law and science. See Davies M Asking the Law Question Law Book Co, Sydney (1994) p 104-110. The modern school of law and economics, which applies the `science' of economics to law, is currently very influential. See Posner R Economic Analysis of Law Little, Brown, Boston (1986); Easterbrook F, `The Inevitability of Law and Economics' [1989] LegEdRev 2; (1989) 1 Legal Education Review 3.

[110] Mossman M J `Feminism and Legal Method: The Difference it Makes' (1986) 3 Australian Journal of Law and Society 9.

[111] Smart C Feminism and the Power of Law Routledge, London (1989) p 11.

[112] See, for example, references cited in notes 12 and 13.

[113] Kennedy D `Primitive Legal Scholarship' (1986) 27 Harvard International Law Journal 1.

[114] Anghie A `Francis de Vitoria and the Colonial Origins of International Law' (1996) 5 Social and Legal Studies 321.

[115] Ibid 333.

[116] Otto D `Subalternity and International Law: The Problems of Global Community and the Incommensurability of Difference' (1996) 5 Social and Legal Studies 337, 341-2.

[117] Henkin L `Introduction' in Henkin L (ed) The International Bill of Rights: The Covenant on Civil and Political Rights Columbia University Press, New York (1981); Oscar Schachter `Human Dignity as a Normative Concept' (1983) 77 American Journal of International \tLaw 848.

[118] For example Finnis J, a contemporary natural law theorist, argues that natural law provides criteria for identifying legitimate positive law; see Finnis J Natural Law and Natural Rights Claredon Press, Oxford (1980) 290. In another vein, Kennedy D suggests that in combination and counter-argument, positivist and natural law arguments preserve the normative authority of international law by ensuring that it is not firmly committed to either the individualism of sovereign autonomy or the potential tyranny of substantive legal regulation. See Kennedy D `Sources of International Law' (1987) 2 American University Journal of International Law and Policy 1.

[119] Weil P `Towards Relative Normativity in International Law' (1983) 77 American Journal of International Law 413.

[120] The Bangkok Declaration, Declaration of the Ministers and Representatives of Asian States, Regional meeting for Asian-Pacific States in preparation for the 1993 World Conference on Human Rights, Bangkok, Thailand, 29 March-3 April 1993, reprinted in Davies MC (ed) Human Rights and Chinese Values Oxford University Press, Hong Kong (1995).

[121] Tasioulas J `In Defence of Relative Normativity: Communitarian Values and the Nicaragua Case' (1996) 16 Oxford Journal of Legal Studies 85; A Verdoss and H F Koeck `Natural Law: The Tradition of Universal Reason and Authority' in R St Macdonald J and M Johnston DM (eds) The Structure and Process of International Law: Essays in Legal Philosphy Doctrine and Theory Nijhoff M, Boston (1983) p 17.

[122] Boyle J `Ideals and Things: International Legal Scholarship and the Prison-House of Language' (1985) 26 Harvard International Law Journal 358.

[123] Ibid 332.

[124] Gordon C, `Government Rationality: An Introduction' in Burchell G, Gordon C and Miller P (eds) The Foucault Effect: Studies in Governmentality Harvester, Wheatsheaf London (1991) p 7.

[125] Foucault M, `Truth and Power' in Gordon C (ed) Power/Knowledge The Harvester Press, Sussex (1990) p 108

[126] Smart C `Feminism and Law: Some Problems of Analysis and Strategy' (1986) 14 International Journal of the Sociology of Law 116.

[127] Davies M Asking the Law Question Law Book Co, Sydney (1994) p 120.

[128] Derrida J `Force of Law: The "Mystical Foundations of Authority"' (1990) 11 Cardozo Law Review 921, 941.

[129] Foucault M `Governmentality' in Burchell G, Gordon C and Miller P (eds) The Foucault Effect: Studies in Governmentality (1991) p 87.

[130] Foucault M `Two Lectures' in Gordon C (ed) Power/Knowledge The Harvester Press, Brighton Sussex (1980) p 95.

[131] Foucault M The History of Sexuality, Volume I Penguin, London (1976) p 89.

[132] Smart C Law, Crime and Sexuality: Essays in Feminism Sage Publications, London (1995) pp 15-18.

[133] Ibid p 17.

[134] Ibid p 162.

[135] Butler J `Gender Trouble, Feminist Theory, and Psychanalytic Discourse' in Nicholson L J (ed) Feminism/Postmodernism Routledge, New York (1990) p 336; Williams J `Deconstructing Gender', (1989) 87 Michigan Law Review 797.

[136] Foucault M `Two Lectures' in Gordon C (ed) Power/Knowledge The Harvester Press, Brighton Sussex(1980) p 96.

[137] Ibid p 108.

[138] Ibid.

[139] Foucault M `On Popular Justice: A Discussion with Maoists' in Gordon C (ed) Power/Knowledge Harvester Press, Brighton Sussex (1972/1980) p 1.

[140] Gordon C, `Government Rationality: An Introduction' in Burchell G, Gordon C and Miller P (eds) The Foucault Effect: Studies in Governmentality Harvester, Wheatsheaf London(1991) p 46.

[141] The most glaring example is the way that imperialist traditions have subjugated or assimilated indigenous knowledges. A further example is the reliance by both Marxist and liberal traditions on the notion that they are mutually exclusive.

[142] Foucault M `Two Lectures' in Colin Gordon (ed) Power/Knowledge The Harvester Press, Brighton Sussex (1980) p 81.

[143] Yeatman A `A Feminist Theory of Social Differentiation' in Nicholson LJ (ed) Feminism/Postmodernism Routledge, New York (1990) p 290.