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This chapter explores the approach of the CJEU and the ECtHR to the highly contentious topic of surrogacy in order to unravel the understanding of motherhood endorsed by these two European courts. It shows that legal motherhood continues to be tied to gestation and birth, thus placing intended mothers in a precarious legal position, especially compared to intended (genetic) fathers. As part of its effort to explain this gender imbalance, the chapter uses the experience of surrogacy as a window for a broader discussion on the gender of legal fictions governing the attribution of parenthood. Whilst the rule mater semper certa est remains one of the most immutable facts of European family laws, legal systems have generally demonstrated a certain flexibility and attention to context in determining legal fatherhood, at times departing from the marital presumption. The chapter argues that this differential attitude reflects a long-standing socio-legal resistance to breaking the continuum gestation-motherhood-caregiving, and aligns with the gendered and higher expectations that legal systems place on mothers compared to fathers.
This article considers three “unanswered questions” raised by R. (McConnell) v Registrar General for England and Wales (AIRE Centre Intervening) [2020] EWCA Civ. 559, which held that a trans man (with a Gender Recognition Certificate) who gave birth must be registered as “mother” on his child’s birth certificate. This article considers these questions to clearly situate McConnell within the context of the UK’s legal regimes concerning access to fertility treatment, gender recognition and legal parenthood in cases involving assisted reproduction. The article argues that clearly establishing the current legal position will provide the proper context to facilitate any subsequent legal reforms.
Post-cessation nationhood in South Sudan presented a paradoxical situation: a country united during struggle is fragmented after independence. Among the triggers for this scenario was the death of Dr John Garang de Mabior—the country’s founding father. This article is a multidisciplinary semiotic critique of Akuol de Mabior’s film, No Simple Way Home (2023), against the history of South Sudanese nationhood. Without claiming a political scientific analysis, the author proposes that South Sudan’s crisis of nationhood is symptomatic of a quest for a unifying icon. He theorizes the protagonist’s quintessence of motherhood as a semiotic gesture of her de jure iconicity of unified nationhood.
Working from the premise that women’s genealogies take as many forms as the political, historical, and ideological interests of those who wrote, illustrated, or patronized them, this concluding chapter outlines some characteristics of such genealogies and new areas of investigation. Genealogies that construct and convey women’s political and spiritual claims frequently accommodate and even emphasize geographical change, disruptions in succession, and the material nature of textuality. Recognizing the political importance and prevalence of matrilineages in medieval texts in turn offers a broader and more nuanced understanding of medieval concepts of maternity and women’s roles as childbearers.
Genealogy, as depicted in medieval texts and images, is an expansive concept that extends beyond the male-oriented model of patrilineage and includes various approaches to matrilineage and women’s legacies. Because genealogy is always constructed, regardless of how much writers insist on its naturalness, literary sources are key to revealing the imaginative ways medieval writers and their patrons conveyed women-oriented narratives. Through an overview of medieval sources and recent scholarship, this chapter opens up the medieval notion of genealogy to show how it both included female characters and drew upon characteristics typical of elite women’s lives. The Introduction presents three features frequently associated with and useful for understanding women’s genealogies: a close relationship between lineage and material textuality, the importance of manuscript context, and mobile notions of time and geography. Analyses of an aristocratic matrilineal diagram and an excerpt of the Anglo-Norman family romance Fouke le Fitz Waryn illustrate these features.
Uncovering the many striking female alternatives to patrilineal narratives in medieval texts, Emma O. Bérat explores strategies of writing and illustration that creatively and purposefully depict women's legacies. Genealogy, used to justify a character's present power and project it onto the future, was crucial to medieval political, literary, and historical thought. While patrilineage often limited women to exceptional or passive roles, other genealogical forms that represent and promote women's claims are widespread in medieval texts. Female characters transmit power through book patronage and reading, enduring landmarks, and international travel, as well as childbearing and succession. These flexible – if messy – genealogies reflect the web of political, biological, and spiritual relations that frequently characterized elite women's lives. Examining hagiography, chronicles, genealogical rolls, and French, English, and Latin romances, as well as associated codices and images, Bérat highlights the centrality of female characters and historical women to this fundamental aspect of medieval consciousness.
This chapter draws on conceptions of gender in Mozart’s time and ours to explore the opera’s representation of women. This aspect of The Magic Flute, including the misogynistic statements of the priests, is now widely regarded as problematic. The opera sets the rule of Sarastro and his brotherhood against the Queen and her entourage, and the focus on this conflict between the sexes has to some degree obscured the opera’s focus on the construction of gender in the characterization of Pamina and the Queen. Gender is performed on stage within an established context and frame of reference. Pamina is a sentimental heroine whose idealized image, abduction, and abandonment prove her moral virtue; the Queen is a dark and vengeful mother who refuses to accept her restricted position. This focus allows us to see how both mother and daughter complicate patriarchal assumptions by raising important questions about gender and power.
Charlotte Perkins Gilman’s utopian fiction dramatizes her reform agenda, which turned on redressing an “unnatural” division back in human history that resulted in the excessively feminine women and humanized men who defined the norm in her own day. Her 1915 novel Herland challenges by flipping traditional gender hierarchies and roles even as it retains while naturalizing other forms of privileged status. Throughout her career, Gilman grounded her politics in the domain of biological existence, initially endorsing the view that natural laws and processes left unimpeded would inevitably work to facilitate the progressively meliorative course of evolution. But the more she became convinced that humans had deviated from this course, the more ardently she advocated for an interventionist, biopolitical approach. By the time she wrote Herland, she was diagnosing a nation’s “health and vitality” based on the extent of degeneracy and impurity she detected in the social body under examination and prescribing drastic cures as needed. Herland thus reveals the author’s conservative tendencies; these increased as she aged and soured on the prospect of sweeping social reform, but they had been there all along, even in her seemingly radical theories of gender.
The history of comics and graphic novels often coincides with a history of marginalization of women and misogynistic stereotypes. Conversely, this chapter examines the representation of women by women in graphic novels, with a particular focus on women’s lives. It recalls the early efforts of women cartoonists within the underground comix of the 1960s and 1970s, such as Aline Kominsky-Crumb, Phoebe Gloeckner, and Julie Doucet, who produced different representations of femininity and sexuality than their male counterparts. It considers the contributions of seminal graphic memoirs by Marjane Satrapi and Alison Bechdel, which blended stories of personal awakening with a political context and message, offering new templates for future works. It also highlights the recurrence of the theme of childhood trauma in autobiographical works by women authors, such as Lynda Barry’s One Hundred Demons (2002), as well as the depiction of unequal work, career, household, and parenting demands placed on women. Finally, it reflects on the manner in which graphic novels by women authors may portray women’s experiences such as motherhood, abortion, and menopause, and considers graphic works that expand the notion of women’s discourse beyond binary identities.
Trans identities are increasingly subjected to contentious public and political debate in the UK, and this has resulted in resource to the law across various contexts. Against that background, this paper considers trans legal parenthood after the decision in R (McConnell and YY) v Registrar General for England and Wales. This judgment held that a trans man who gave birth was the legal ‘mother’ of his child. The wider consequence is that trans legal parenthood will not reflect trans identities, but birth-assigned sex/gender, regardless of whether the parent holds a gender recognition certificate. Separate from this underlying social and political context concerning trans identities, the paper argues that legal parenthood is a flexible and pragmatic concept, which lacks inherent normative content, and which has previously proved capable of accommodating a variety of different familial and reproductive circumstances. The paper argues that the gendered descriptors of ‘mother’ and ‘father’, while remaining the law's default, are not inherent to legal parenthood. Thus, the paper concludes that, despite the ongoing political and cultural debates concerning trans identities, the existing concept of legal parenthood is capable of properly recognising trans parenthood, without requiring any fundamental changes to the concept itself.
This chapter contributes to debates about the relational dynamics of Brazilian slavery, focusing especially on enslaved wet nurses. While the relationships between masters and slaves in the private sphere did involve affection and loyalty, they were also gestated in an environment of abuse, humiliation, and physical and symbolic violence, all of which were essential features of slavery as an institution. Interactions that might be read initially as paradoxical or ambiguous were in fact constitutive of slavery’s ideology of domination, experienced and enacted in various ways by both masters and slaves. The figure of the wet nurse and the practice of relegating breastfeeding to enslaved women – which was generalized among Brazil’s dominant classes during the Empire – helped to forge a slavocratic habitus, a kind of second nature, in which future masters experienced the social relationships of slavery within their intimate circles and everyday lives from a very tender age. This chapter analyzes these domestic and extremely conflictual interactions as an integral part of the slave system, critical to the symbolic and social reproduction of Brazil’s master class.
The American New Woman is an archetype for the generations of women who, in the early twentieth century, were engaged in defining new forms of femininity and forging new public identities, through work, leisure, art, education, and politics. The New Woman also signaled a complex, and sometimes contradictory, modernizing of embodied femininity. Beginning with the New Woman as a sociopolitical individual, mobilized in feminist discourse and suffrage politics, this chapter goes on to explore Greenwich Village women, Black women’s responses to the New Woman, fashions for bobbed hair, and the bodies and performances of different kinds of women dancer (Isadora Duncan, Josephine Baker, Irene Castle). The chapter concludes with Djuna Barnes’ ambivalent encounters with the fashionable New Woman in her work, and Gertrude Stein’s engagement with the legacy of Susan B. Anthony, a crucial pioneer for the women’s suffrage movement and modern feminism, in her final opera The Mother of Us All (1947).
Chapter 3 investigates the French nationality decrees promulgated in 1930 and 1936, which recognized the claims métis people had been making for decades: they were French and entitled to French legal status. These new legal pathways to French citizenship and demarcations of parameters of belonging were tied to concepts of how race and multiracial identity mapped onto French legal status. The decrees codified multiracial people as a specific category in French colonial thought and society, but within the context of how multiracial people themselves claimed multiracial selfhoods. The claims of métis people who petitioned for citizenship deepened the debates about race and racial identity and changed the very idea of Frenchness. The burden of proof on petitioners hinged on questions of paternity and French cultural competency. However, maternal kin and African communities played an essential role in the legal process. Métis obtainment of French citizenship was consequential for hierarchies of status within African societies. At the same time, it both contested and created hierarchies of social and legal status and privilege based on changing racial thought.
Despite becoming increasingly represented in academic departments, women scholars face a critical lack of support as they navigate demands pertaining to pregnancy, motherhood, and child caregiving. In addition, cultural norms surrounding how faculty and academic leaders discuss and talk about tenure, promotion, and career success have created pressure for women who wish to grow their family and care for their children, leading to questions about whether it is possible for these women to have a family and an academic career. This paper is a call to action for academia to build structures that support professors who are women as they navigate the complexities of pregnancy, the postpartum period, and the caregiving demands of their children. We specifically call on those of us in I-O psychology, management, and related departments to lead the way. In making this call, we first present the realistic, moral, and financial cases for why this issue needs to be at the forefront of discussions surrounding success in the academy. We then discuss how, in the U.S. and elsewhere, an absence of policies supporting women places two groups of academics—department heads (as the leaders of departments who have discretion outside of formal policies to make work better for women) and other faculty members (as potential allies both in the department and within our professional organizations)—in a critical position to enact support and change. We conclude with our boldest call—to make a cultural shift that shatters the assumption that having a family is not compatible with academic success. Combined, we seek to launch a discussion that leads directly to necessary and overdue changes in how women scholars are supported in academia.
The high infant mortality rate of illegitimate children in Dualist Hungary urged politicians to create a modern state child welfare system for the protection of abandoned children whose upbringing became a national matter. Their main concern was providing adequate nutrition for infants and increase their chances of survival. The article examines how demographical concerns and national-political ideals influenced the evolution of the child welfare system in multi-ethnic Transylvania, first as part of the dual monarchy and after the First World War as a province of Romania. The Hungarian state children’s asylums offered a variety of nursing programs for abandoned infants, where the foster-care system often resulted in their Magyarization at a later age. During the First World War, the new objective was the protection of infants together with mothers and the promotion of breastfeeding in order to ensure the viability of the Hungarian nation. National arguments were used in both time periods to support infant protection initiatives. In interwar Transylvania, the urban-rural ethnic distribution influenced the development of infant protection facilities: all state investments were channeled toward the “authentic” Romanian countryside, while in the “foreign” urban environment ethnic minorities focused on their own institutions.
This chapter begins by clarifying the distinction between social parenthood and parenting and explain how the longstanding but malleable association between social and biological parenthood depends upon social and legal conventions determining who is eligible to parent. One way in which to place oneself in that situation is to conceive a child biologically – however, biological parenthood often comes apart from social parenthood. I explore the significance of clinical assistance, money, and distance, in navigating this separation in the context of assisted reproduction. The second part of the chapter incorporates gender into the analysis, looking in detail at the social roles of motherhood and fatherhood, and the interplay of biological parenthood and moral parenthood with the expectations associated with these roles – for example, the effect of the visibility of pregnancy on attributional parenthood, the characterisation of fatherhood as more detached and less sentimental than motherhood, the persistence of associations between fatherhood and breadwinning, and so on. In this chapter, I explore the findings of sociological, psychological, and anthropological research into motherhood and fatherhood in order to demonstrate that one can inhabit a social role comprised in part by normative standards, even if one does not conform to those standards.
The perception of Gabriela Mistral and her poetry has transformed over the years: the image of Mistral as the traditionalist and conservative poet, fostered by the Pinochet dictatorship, has been replaced by that of a strong independent voice who, in part, stands for the liberation from society’s gender prescriptions. This chapter focuses on the series of poetry, Locas mujeres (Madwomen), published in Lagar (Winepress, 1954), to demonstrate how this new perception of Mistral holds true in her representation of women in these poems. In line with Mistral’s earlier poetry that underscores women’s voices that have typically not been heard, such as those of the pregnant women of Poemas de las madres (The Mothers’ Poems), the women from this series, designated “insane” by the title, and society, expose their true selves. This chapter first places this whole series in the context of Mistral’s poetry, and finally focuses on two poems, “La bailarina” (“The Dancer”) and “La que camina” (“She Who Walks”), to demonstrate their particular expressions of women’s liberty.
The perception of Gabriela Mistral and her poetry has transformed over the years: the image of Mistral as the traditionalist and conservative poet, fostered by the Pinochet dictatorship, has been replaced by that of a strong independent voice who, in part, stands for the liberation from society’s gender prescriptions. This chapter focuses on the series of poetry, Locas mujeres (Madwomen), published in Lagar (Winepress, 1954), to demonstrate how this new perception of Mistral holds true in her representation of women in these poems. In line with Mistral’s earlier poetry that underscores women’s voices that have typically not been heard, such as those of the pregnant women of Poemas de las madres (The Mothers’ Poems), the women from this series, designated “insane” by the title, and society, expose their true selves. This chapter first places this whole series in the context of Mistral’s poetry, and finally focuses on two poems, “La bailarina” (“The Dancer”) and “La que camina” (“She Who Walks”), to demonstrate their particular expressions of women’s liberty.
Breastfeeding, both in its literal consequences on a woman’s body and its symbolic associations with attachment, highlights the simultaneously powerful yet servile position of the maternal figure. I trace this ambivalence in Mahasweta Devi’s story “Breast-Giver,” exploring women’s literal and metaphorical hungers, as well as the hunger their children experience, arguing that breastfeeding often serves as a means of showcasing a woman’s physical limitation based on her familial status as “feeder.” However, I also argue for a profoundly embodied version of the breastfeeding trope, one that negates prior conceptions of breastfeeding as a “taking” and establishes it as a “giving” that not only nourishes one’s family, but also one’s self, as mothers circumvent hierarchical systems of cooking and food preparation. Ultimately, I both lay bare the interconnection between a woman’s body and food-based labor systems and reveal literary methods for their extrication, through narrative instances of breastfeeding.
This chapter considers the emotional interiorities and intersubjectivities of Romantic surgery. It challenges the well-established stereotype of the pre-anaesthetic surgeon as dispassionate butcher by demonstrating the ways in which surgical identities and subjectivities were shaped by a culture of emotional expression and reflection. The emotional ‘authenticity’ of pre-anaesthetic surgery was rooted in the embodied experience of operative practice, and the huge challenges that came from dealing with death, disease, and disfigurement on a daily basis. But as well as encouraging emotional introspection, the experience of pre-anaesthetic surgery also demanded that the surgeon manage his patients’ emotions. After all, in this period, fear, despondency, and other states of mind were regarded as an immediate cause of death. For this reason, surgeons needed to monitor their patients’ moods and imagine themselves into their position in order to regulate their own conduct and promote optimal operative outcomes. These relations between surgeons and patients were structured by a range of factors, notably gender. For that reason, this chapter concludes with a consideration of Romantic surgical intersubjectivity in practice, utilising Astley Cooper’s casebooks to explore the ‘emotion work’ of womanhood in the elaboration and understanding of breast cancer.