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Illegible Allegations

Navigating the Meanings of Rape in Colonial Algeria

Sarah Ghabrial

Abstract

Laws that shield men from punishment if they marry their victims are so ubiquitous that their genesis is impossible to identify. Rather than attempting to trace the colonial or pre-colonial “origins” of so-called marry-your-rapist laws in Algeria, this article examines particular moments within this thick history. It posits that Algerian colonial courts were sites of confrontation, misrecognition, and occasional confluence between local remedies for unlawful sex and modern legal conceptions of rape inextricable from medicalized methods of detection. Algerian litigants approached French courts in rape cases demanding forms of redress based in vernacular ontologies of equitable restitution and social cohesion. In turn, colonial authorities inferred equivalences between indigenous normative codes, Islamic textual prescriptions, and the French Code Pénal that reshaped the legal and social meaning of rape.

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Muslim Notables, French Colonial Officials, and the Washers of the Dead

Women and Gender Politics in Colonial Algeria

Augustin Jomier

Abstract

For many decades, scholars of gender and women's history in the Middle East and North Africa have challenged prevailing visions of an unchanged patriarchy, showing how patriarchy was transformed in relation to colonialism, and how some women struggled against it. To the contrary, this article aims to challenge our understanding of women's agency, taking Mzab as a case study. It explores the ways in which women of this Berber speaking region, inhabited by Ibadi Muslims and conquered by the French in 1882, contributed to the colonial reinforcement of male domination. Reading together works of ethnography, colonial administrative files, legal disputes, and Arabic-language newspapers, this article shows that, together with the colonial legal framework, other informal legal discourses and institutions shaped women's condition. Down the road, forms of patriarchy and notions of gender shifted.

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Amy Kallander

Abstract

This article examines love as a facet of nation building in constructions of modern womanhood and national identity in the 1950s and 1960s. In Tunisia and France, romantic love was evoked to define an urban, middle-class modernity in which the gender norms implicit in companionate marriage signaled a break with the past. These ideals were represented in fiction and women's magazines and elaborated in the novel genre of the advice column. Yet this celebration was interrupted by concern about “mixed marriage” and the rise of anti-immigrant discrimination targeting North Africans in France. Referring to race or religion, debates about interracial marriage in Tunisia and the sexual stereotyping of North African men in France reveal the continuity of colonialism's racial legacies upon postcolonial states. The idealization of marital choice as a testament to individual and national modernity was destabilized by transnational intimacies revealing the limits of the nation-state's liberatory promise to women.

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Etty Terem

Abstract

This introduction to the special issue highlights dominant approaches to the study of women's and gender history in colonial and postcolonial Maghrib. Moreover, it delineates the analytical agenda that frames our inquiry, and reviews the essays in this collection.

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Sébastien Roux and Aurélie Fillod-Chabaud

En avril 2013, au paroxysme des tensions qui entourent l'adoption de la loi Taubira, Frigide Barjot, cheffe de file de la Manif’ pour tous, menace François Hollande de « sang » si la loi pour le mariage homosexuel est adoptée par l'assemblée. Christine Boutin, égérie des catholiques traditionnalistes, parle de « guerre civile » dans des tweets vengeurs. En quelques mois, des centaines de milliers de personnes descendent dans les rues pour manifester et contre-manifester. Moins de quinze ans après l'adoption du Pacs, on invoque à nouveau la République intemporelle et les principes révolutionnaires. On parle, la gorge serrée, de Marianne qu'on trahit. Derrière chaque contrat ou chaque gamète, c'est l'ordre social qui se joue, la République qu'on menace, le symbolique qui tangue… Au début des années 2010, devant les caméras éberluées du monde entier, la France montre à nouveau la place singulière qu'occupent les questions familiales dans le débat public.

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Being-for-itself and the Ontological Structure

Can Being-for-itself Avoid Bad Faith?

Ronald E. Santoni

Abstract

In this paper, I pay tribute to Jonathan Webber, one of the most dependable interpreters among recent Sartre scholars. I do so by challenging both him and Sartre on an issue that has long frustrated my work on Sartre. In short, Sartre contends that the For-itself's desire to be (and to pursue) Being-in-itself-for-itself (i.e., God) is in bad faith. This raises two issues: (1) Is this desire to be ens causa sui part of the ontological structure of the For-itself? (2) If so, is bad faith an essential part of the human being? I contend that the desire to be the In-itself-for-itself is, on Sartre's premises, part of the ontological structure of an existing human being (pour-soi). As our original flight from freedom and “fundamental project,” this constitutes bad faith's “coming into the world,” and remains part of Being-for-itself's “natural” disposition to bad faith.

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Sarah Horton and Adrian van den Hoven

Daniel O'Shiel, Sartre and Magic: Being, Emotion, and Philosophy (London: Bloomsbury, 2019), 198 pp., $79.80, ISBN: 978-1-3500-7766-9 (hardback).

Brill's Companion to Camus: Camus among the Philosophers. Eds. Matthew Sharpe, Maciej Kałuża, and Peter Francev. (Leiden/Boston: Brill, 2020), 488 pp., $180, ISBN: 9789004401747 (hardback)

Yan Hamel, En Randonnée avec Simone de Beauvoir. Boréal, Montréal, Canada, 2020. Can $25,95.

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Cécité partielle

Procédure d'adoption et colorblindness institutionnelle en France

Solène Brun

Abstract

While France is largely considered a “colorblind” society, which hinders any public use of racial categories, this article explores the case of international procedure, arguing that it constitutes an exception to institutional colorblindness in the French context. Racial categories are not only explicitly used on a daily basis by adoption professionals, but their use is also officially encouraged, yet in an ambiguous way. In this regard, adoption procedures operate as a moment of color consciousness for many adoptive parents. By focusing on this particular case study, the article aims more generally to unpack the stakes of the taboo surrounding race in France.

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John Ireland and Constance Mui

The fortieth anniversary of Sartre's death, on April 15 of this year, found much of the world in lockdown in response to a new virus, Covid-19, which has changed humanity's situation on this planet in ways we will be struggling to elucidate for years to come. In these unprecedented circumstances, Sartre's thought has been an obvious resource to help us understand the impact and ramifications of this pandemic. The virus has been an unsparing indicator in itself of social injustice, unmasking the pious platitudes of our advanced, modern democracies. In the United States in particular, the reality is truly ugly. Covid-19 has shed pitiless light on the disparity between affluent white communities, able to “shelter in place” and avoid putting their members at risk of infection, and less affluent black and brown districts, where workers on subsistence salaries, often without health-care benefits, have been forced to work in unsafe conditions, with terrible consequences for them and their families. Living in the “richest” country on earth, we can imagine only too easily Sartre's vitriolic assessment of America in its present crisis. And it is just as easy to imagine the fervor with which he would have embraced the Black Lives Matter protests that erupted all over the world, provoked by the 8 minute 46 second video clip that showed the matter-of-fact murder by asphyxiation of George Floyd by white police officers in Minneapolis.

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From Perception to Action

Sartre's Practical Phenomenology

Blake D. Scott

Abstract

This paper re-examines the well-known problem of how it is possible to have an “intuition of absences” in Sartre's example of Pierre. I argue that this problem is symptomatic of an overly theoretical interpretation of Sartre's use of intentionality. First, I review Husserl's notion of evidence within his phenomenology. Next, I introduce Sartre's Pierre example and highlight some difficulties with interpreting it as a problem of perception. By focusing on Sartre's notion of the project, I argue instead that the problem is better understood at the level of action. In support of this interpretation, I conclude with a brief comparison to the early work of Paul Ricoeur. By borrowing some of Ricoeur's phenomenological vocabulary tailored to action, I reinterpret Sartre's example as a practical problem.