Abstract
Within now prolific debates surrounding the compatibility of feminism and multiculturalism in liberal societies, the need arises for a normative conception of women’s self-determination that does not violate the self-understandings or values of women of different backgrounds and forms of life. With reference to the recent British debate about forced marriage, this article proposes an innovative approach to this problem in terms of the idea of ‘plural autonomy’. While the capacity for autonomy is plural, in the sense of varying across cultures, autonomy in any world-view involves a capacity to ‘endorse’ one’s decisions in certain crucial spheres of life. Non-endorsement, coercion or force occurs if one risks being alienated from the (cultural) goods and relationships that structure one’s capacity to act in the world. This approach counsels more caution than prominent liberal approaches with respect to negotiating the contested boundary between freedom and force in a diverse society.
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Notes
The reasons for this may be complex. While one might argue that some non-Western cultures have traditionally valued kinship, spirituality and family ties over possessive individualism, they may endeavour especially to keep faith with these values as a means of coping with social trauma, oppression, colonization or domination (see Tully 1999).
‘Liberals should be concerned with the fate of cultural structures […] because it’s only through having a rich and secure cultural structure that people can become aware, in a vivid way, of the options available to them, and intelligently examine their value.’ (Kymlicka 1989, p. 166).
In the best known sections of Philosophical Investigations (ss. 65–67), Wittgenstein suggests that for an important class of terms there exists amongst the referents of a term no single common property, but rather ‘a complicated network of similarities overlapping and criss-crossing’ (s. 66). One should not be surprised that this is so, if one considers the way in which the use of terms develops by analogical shifts, by generalisation or specialisation of meaning, or by simple misunderstanding. Wittgenstein’s main example of this point is the concept of a game. There is not one thing that characterises all games; rather, there are ‘family resemblances’—or bundles of shared features from a larger cluster of relevant features. According to Wittgenstein, it is not that concepts can never be defined in terms of necessary and sufficient conditions; only that many cannot. As we shall see, I believe we can very broadly specify necessary conditions for autonomy but that the form of these conditions is irreducibly plural.
The Forced Marriage Act 2007 applies in England and Wales only. It supplements the Family Law Act 1996 by enabling courts to create a ‘forced marriage protection order’ (FMPO). Significantly, this protection order differs from general non-harassment orders under the 1996 Act. This is because an FMPO can be requested by ‘interested third parties’ and not only the person suffering the harm.
Raz sometimes makes the weaker claim than that considered earlier that an autonomous person should at least have an ‘adequate’ or ‘viable’ range of options. Her options should not all be: (a) trivial or (b) equally horrendous (1986, p. 374).
As we noted earlier, autonomy is a practical as well as a mental capacity; therefore, even the intrapsychic concept must have some sort implication in terms of practical outcomes for the individual.
Fortunately, the current British law of duress does not only hold that people are only coerced if their actions express mortal desperation. In Hirani v Hirani [1984] 4 FLR 232, in which a Hindu girl had married a man previously unknown to her, and had then left the marriage unconsummated after six weeks, the court addressed the issue not of whether she literally feared for her life, but ‘whether her mind was overborne, howsoever that was caused’. The court nullified the marriage (see Phillips and Dustin 2004, p. 538).
‘Newnham Asian Women’s Project: Forced Marriage Civil Protection Bill: Response to the Consultation on Amendments to the Family Law Act’, March 2007. Available at http://www.endviolenceagainstwomen.org.uk/documents/NAWP%20forced%marriage%20%Civil%20%Bill%20.pdf.
Ewing (1991, p. 141) describes how change and negotiation takes place in Asian families in terms of ‘jockeying for status and power’ through subtle and nuanced non-verbal communication.
I elaborate on this point in greater detail in Mookherjee (2009). It is worth noting here that, while some believe that the term ‘feminism’, understood as a struggle for women’s equality, was first coined in the 1880s by Hubertine Auclert in the French journal La Citoyenne, by the early 1920s it had been taken up by Egyptian women where it circulated in French and Arabic as nisa’iyaa. These early Egyptian feminists did not accept a liberal world-view, however, as resistance to it was central to their struggle against colonial domination (see Margot Badran, ‘Islamic Feminism: What’s in a Name?’ Al-Ahram Weekly On-Line (January) available at: http://weekly/ahram.org.eg/2002.596/cul.htm. There is obviously an enormous literature on non-Western feminisms, and I do not attempt to survey it here. My limited point here is that contact with non-traditional ideas can often serve as a catalyst for increased reflection, empowerment and justice, without losing faith in one’s own community.
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Acknowledgements
Early versions of this paper were presented at Stirling and Keele Universities. I am grateful to the participants at these venues for their valuable feedback. My special thanks also go to Andrea Baumeister, Gideon Calder, Lynn Dobson, John Horton and Jonathan Seglow for offering important insights and, through them, pressing me constructively to clarify my perspective. This research has been facilitated by a Research Leave Award from the UK Arts and Humanities Research Council, whose assistance is gratefully acknowledged.
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Mookherjee, M. Autonomy, Force and Cultural Plurality. Res Publica 14, 147–168 (2008). https://doi.org/10.1007/s11158-008-9064-0
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DOI: https://doi.org/10.1007/s11158-008-9064-0