The introduction provides the background of the research, the main argument
and the methodology used throughout the book. It deconstructs the notion of
violence against women as consolidated at the international level in order
to grasp its main elements and explains why the choice of the rights to
health and reproductive health is pivotal for the analysis. It then captures
the relationship between violence against women on one hand, and the rights
to health and reproductive health on the other, which constitutes the
starting point of chapter 1. It argues that violation of the right to health
is a consequence of violence, just as (state) health policies might be a
cause of – or create the conditions for – violence against women. The
chapter also illustrates the reason underlying the choice of the Hippocratic
paradigm as backbone of the work and provides the structure of the following
Reconceptualising states’ obligations in countering VAWH
Sara De Vido
This chapter aims to answer the question which obligations states must abide
by with regard to VAWH? After analysing possible ways to pigeonhole states’
obligations, the chapter conducts legal analysis of obligations of result,
due diligence obligations and obligations to progressively take steps. The
strength of the chapter lies in the fact that both the horizontal and the
vertical dimensions, as conceived in this book, can be unified while
reconceptualising states’ obligations. Skirting temptation to argue that in
the horizontal dimension positive obligations prevail, whereas negative
obligations – plus some obligations of result – are present in the vertical
dimension, the chapter provides examples of how, in all cases, states bear
obligations of all three types that ‘specialise’ along the lines of the two
dimensions explored. The starting point of the chapter is the law of state
responsibility; it challenges the traditional categories of international
law from a feminist law perspective.
The book explores the relationship between violence against women on one hand,
and the rights to health and reproductive health on the other. It argues that
violation of the right to health is a consequence of violence, and that (state)
health policies might be a cause of – or create the conditions for – violence
against women. It significantly contributes to feminist and international human
rights legal scholarship by conceptualising a new ground-breaking idea, violence
against women’s health (VAWH), using the Hippocratic paradigm as the backbone of
the analysis. The two dimensions of violence at the core of the book – the
horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’
dimension – are investigated through around 70 decisions of domestic, regional
and international judicial or quasi-judicial bodies (the anamnesis). The concept
of VAWH, drawn from the anamnesis, enriches the traditional concept of violence
against women with a human rights-based approach to autonomy and a reflection on
the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised
in the book allows the reconceptualisation of states’ obligations in an
innovative way, by identifying for both dimensions obligations of result, due
diligence obligations, and obligations to progressively take steps (treatment).
The book eventually asks whether it is not international law itself that is the
ultimate cause of VAWH (prognosis).
The notion of a more humanised technology and a superior nature–society mediation turns on what Feenberg calls the aesthetic critique of technology design. Unifying the disparate interventions that constitute technical politics is a concern to create technology that is less violent and more pleasurable to use. Here Feenberg’s theory has paralleled interesting developments in the scholarly disciplines concerned with technology design, especially interface design for digital artefacts. He argues that while industrial modernity neglected the aesthetic dimension of technology, prioritising a narrowly construed efficiency over other values, this is a historical aberration. The question arises, then, of what kind of aesthetic ought to be embraced by advocates of democratic design culture. The chapter endorses Feenberg’s vision of re-aestheticisation but disagrees with his preference for naturalistic modernism as the source for a reinvigorated technological aesthetic.
The conclusion summarises the argument of the book: Feenberg’s intervention is an important advance for the way that Marxism and critical theory handle the question of technology, especially in its relation to progressive social change. His attachment to the idea of critique inhibits his capacity to fully capitalise on his conceptual innovations.
This chapter describes the issue that motivates Feenberg’s theory, and the problematic to which it is a response. This is based in Marx, whose reflections on technology are paradoxical: on one side technology sets humanity free and creates the conditions for a socialism based on great wealth; on the other, technology is shaped by social interests, and under capitalism this results in machines designed to oppress their users. Feenberg’s theory of ambivalence is presented as the first step towards a resolution that preserves the progressive orientation of the theory while enabling it to engage with the complex realities of technology design and use in twenty-first-century societies.
The final chapter looks more closely at Feenberg’s ‘instrumentalisation theory’, in which he defines technology in terms of two moments: a primary instrumentalisation that forces objects out of their natural settings to foreground their useful properties, and a secondary one that uses symbolisation processes to facilitate their cultural incorporation, making it possible for them to be used. The interaction of these two dimensions varies between historical civilisations, so that capitalist industrialism, for example, narrows secondary instrumentalisation around the singular value of efficiency, while other cultures decorate their tools and associate them with social functions that may be associated with individual identities and more or less esteemed. Feenberg presents this distinction as a framework for envisaging how technology might be transformed in the future; to set out what we might think of as the ‘historical essence’ of technology. Drawing on the argument of previous chapters, the chapter concludes by suggesting that, while he takes a significant step towards accommodating utopian projection within Marxian theory of technology, Feenberg could be more ambitious in thinking through some of the ramifications of the alternative ‘concretisations’ implied by this theory. The idea of technologically authorised socialism is advanced as a way to start addressing this.
The introduction sets out what distinguishes contemporary critical theory, placing Feenberg in context alongside other prominent exponents of the tradition inspired by the Frankfurt School, especially Habermas. It sets Feenberg’s intervention in its social and historical context – the rise of the digital, which, from its inception, has been the locus of a culture of popular participation in technology design. The introduction concludes with a chapter overview of the book.
The central concept in Feenberg’s theory, technical politics synthesises insights from constructivism in the sociology of technology with Laclau and Mouffe’s ‘post-Marxist’ theory of hegemony and radical democracy. Interpreting the dominant conception of what counts as good technology as the form taken by contemporary hegemony enables Feenberg to read the involvement of social actors in technology design as the principal form of politics in contemporary society. Digital culture, in which non-expert populations routinely refashion gadgets and devices to suit their own purposes, then appears as a hotbed of resistance and activism. Feenberg advances a strategic conception of this activity as moving what he calls the boundary of technique, so as to shift the prevailing conception of what technology can do. The aggregate effect of technical politics in all of its diverse manifestations is a push towards softer, more humane technology, which constitutes a change of civilisational paradigm and facilitates a more harmonious social order that works with rather than against nature. While recognising technical politics as an important conceptual advance, the chapter lodges some reservations concerning the political nature of the theory, which threatens to obscure important sociological questions.
This is the first monograph devoted to the work of one of the foremost contemporary advocates of contemporary critical theory, Andrew Feenberg. It focuses on Feenberg’s central concept, technical politics, and explores his suggestion that democratising technology design is key to a strategic understanding of the process of civilisational change. In this way, it presents Feenberg’s intervention as the necessary bridge between various species of critical constructivism and wider visions of the kind of change that are urgently needed to move human society onto a more sustainable footing. The book describes the development of Feenberg’s thought out of the tradition of Marx and Marcuse, and presents critical analyses of his main ideas: the theory of formal bias, technology’s ambivalence, progressive rationalisation, and the theory of primary and secondary instrumentalisation. Technical politics identifies a limitation of Feenberg’s work associated with his attachment to critique, as the opposite pole to a negative kind of rationality (instrumentalism). It concludes by offering a utopian corrective to the theory that can provide a fuller account of the process of willed technological transformation and of the author’s own idea of a technologically authorised socialism.