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Why is shariʿa the taboo of modern law? This article examines the “spread of halal” controversy in China as a window to assess how nativist public opinion influences state law and policy whereas state law is foreclosed to providing protection to rights provided for in shariʿa. Among Chinese Muslims (Hui), qingzhen (lit. “pure” plus “true”) or “halal” is the kernel of their localized shariʿa, and one that prohibits consuming pork. The symbol qingzhen has proliferated in the course of China's economic modernization such that it pervades the public sphere, creating anxiety among Han Chinese that Chinese society and government is becoming “Islamicized.” Hui fear that the profusion of qingzhen foments food insecurity and endangers truth in labeling. In response, they have sought greater protection for their diluted core symbol in national legislation—attempts which have only exacerbated Hui-Han relations. Based on observations from over seven years of field research and interviews with Hui legal entrepreneurs, and drawing from the anthropology of taboo, I explain the debate in China by taking the Hui idea of shariʿa as a taboo to reflexively think about how secular non-Muslim states regard shariʿa as the taboo of modern law.
This article examines the various experiences of slavery and freedom of female household workers in the Dutch and English East India Company (VOC and EIC, respectively) ports in Bengal in the early eighteenth century. Enslaved household workers in Bengal came from various Asian societies dotting the Indian Ocean littoral. Once manumitted, they entered the fold of the free Christian or Portuguese communities of the settlements. The most common, if not the only, occupation of the women of these communities was household or caregiving labour. The patriarchy of the settlements was defined by the labour and subjection of these women. Yet, domestic service to VOC/EIC officials only partially explains their subjectivity. This article identifies the agency of enslaved and women of free Christian or Portuguese communities in their efforts to resist or bypass the institution of the European household in the settlements. These efforts ranged from murdering their slave masters to creating independent businesses to the formation of sexual liaisons and parental/fraternal/sororal relationships disregarding the approval or needs of their settlement masters.
Common law was an all-male system, with one glaring exception: juries of matrons. If a convicted felon requested a reprieve from execution on the grounds of pregnancy, it was the responsibility of a group of twelve matrons to perform an inspection in order to determine if she was in fact pregnant. Matrons were in a position of great authority. Their verdicts were definitive: if they decided a woman was pregnant, then she was sent back to prison. Despite the significance of their role, little is known about medieval matrons and what qualified them to sit on a jury. Were they mothers? Honorable wives? Midwives? The goal of this paper is to argue that matrons had training in obstetrics. This was particularly important for medieval matrons because the quickening (that is ensoulment, signaled by the first fetal movements) did not become the focal point of the matrons' assessment until at least 1348. Before this, the diagnosis was much more medically challenging as matrons had to determine whether a felon had conceived. Overall, the medieval records demonstrate great confidence in medieval matrons and their obstetrical expertise.
This article asks whether firms should contribute to the costs of procreation and parenthood. We explore two sets of arguments. First, we ask what the principle of fair play – central in parental justice debates – implies. We argue that if one defends a pro-sharing view, firms are required to shoulder part of the costs of procreation and parenthood. Second, we turn to the principle of fair equality of opportunity. We argue that compensating firms for costs they incur because their employees decide to procreate or parent may undermine some of the incentives leading to (statistical) discrimination in the workplace.
This paper identifies and engages with the social bodies emerging by virtue of the social turn in the life sciences and recent embodied approaches to social justice. Across these diverse domains, bodies are being narrated as shaped by and dependent on their environments. To explore this potentially important and productive convergence, we bring Martha Fineman's vulnerability theory into conversation with neuroscience and environmental epigenetics. We foreground significant intersecting concerns and argue that vulnerability theory – and other embodied models of social justice – is strengthened by taking embodiment seriously, including attending to the social turn in the life sciences. This can enhance the potential traction of these progressive theories. These in turn provide an alternative theoretical framework to the neoliberal lens through which neuroscience and epigenetics have hitherto been translated into policy and practice. We nevertheless acknowledge the potential limitations and dangers of the current biopolitical landscape.