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Categories: Feminism, Gender Studies, Lesbian and Gay Criticism, Literary Criticism, Literary Theory, Tags: Antigone’s Claim: Kinship Between Life and Death, Austin’s Performative, Bodies That Matter: on the Discursive Limits of ‘‘Sex’’, Excitable Speech: A Politics of the Performative, Feminism, Foucault, Gender, Gender Performativity, Gender Trouble, Gender Trouble: Feminism and the Subversion of Identity, Giving an Account of Oneself, J.L. Judith Butler is doing the star turn. Judith Butler’s most popular book is Gender Trouble: Feminism and the Subversion of Identity. Every utterance is a locution, the noise of an utterance when “saying something.”3Jacques Derrida, Signature Event Contest, in Limited Inc. 3-12 (1988). Judith Butler is one of the leading intellectuals of our age, an activist, philosopher and critical theorist who has spent decades writing some of the most acclaimed papers on gender in the canon. This brief review will provide an abbreviated history on the conceptual genesis of the term “performativity,” how Butler (re)defines and employs it, and finally how Butler’s account may be useful for critical legal thinking. Through Althusserian interpellation, where ‘the subject is constituted by being hailed’ (Butler 1997b: 95), Butler’s performative means, as we have shown, that subjectivity is established in the act, and does not exist as some a priori essential element. Judith Butler is one of the most famous and prolific humanities scholars in the academy today. Rather than follow Foucault to the letter here, Butler notes the change in Foucault from a position in Discipline and Punish (1977 [1975]), which argued that no resistance to power was possible, to one in 1982 where it is possible. Early Butler focused on the production of women as subjects of feminism. Wer ist Judith Butler und was macht sie? Butler’s criticism of Lacan centres on the idea that resistance depends on the symbolic structure which is to be resisted. Butler often risks doing precisely this. Unlike Arendt, who appears to believe that there are bodies that can remain private, Butler disagrees. According to Butler, even though feminism had been engaged in achieving rights for women, it had not really questioned the hegemonic characteristics of a male who identifies with being male and who therefore seeks out a female sexual partner, or of a female who therefore identifies with being female and seeks out a male partner. Psychic resistance to power, where issues of sexual identity might be at stake, is often reduced to the social-political articulation of power where one might want to resist the law that declares that no same sex marriages are permitted. (1993) Bodies That Matter: on the Discursive Limits of ‘‘Sex’’, London and New Butler’s collection of essays, Gender Trouble: Feminism and the Subversion of Identity, written in 1989, first published in 1990, and published with a new preface in 1999 sold over 100,000 copies world-wide and has been translated into a number of languages. Such a position would avoid the problem Kristeva faces with the semiotic as a challenge to, yet dependent upon, the Symbolic. . When combined with Butler’s interest in the location of the social subject, questions about who may be the subject of the performative utterance, who is the speaker with the ostensibly authority to make performative utterances, or who is the unseen or unheard body not yet before the law. For Austin, it is possible to ‘do’ things with words (see Austin 1980). The misconception of feminine autonomy here is more restricting than the notion that woman is a symptom of man. Problems emerge, too, in Butler’s eyes, when the semiotic is equated with the organisation of the drives and the maternal body. Butler’s notion of ‘performativity’ is most famously associated with her views on gender and is important for critical legal thinkers because performativity is deeply entangled with politics and legality. York: Routledge. Butler, then, favours Foucault over Lacan and rejects the Lacanian Symbolic as the sphere which sets the coordinates of our existence in advance. Although Butler does not strictly adhere to an Austianian notion of speech-act theory, occasionally (re)citing John Searle, Derrida and many others, the notion that speech does something beyond the intended semantic and syntactical meanings remains a central aspect of her writings.5Judith Butler, Bodies that Matter (1993); Excitable Speech (1997). York and London: Routledge. Performatives are then “inserted in a citational chain, and that means that the temporal conditions for making the speech act precede and exceed the momentary occasion of its enunciation.”7Butler, Notes Toward a Performative Theory of Assembly 176 (2015). Judith Butler: Performativity. Her focus on performance has been widely influential because performance and performativity enable discussants to move beyond analyses of legal definition or status to consider the political and social discursive forces that construct and normalize legal or political practice. Through the words alone the act is performed. “In other words, the law turns against itself and spawns version of itself with oppose and proliferate its animating purpose.”12Psychic Life, 100. —— (1997a), Excitable Speech: A Politics of the Performative, New York and London: Routledge. It is performative because the act of naming the body a “girl” also constructs “her” identity as “girl.” This is not a natural fact of the body, but a forcible “citation of a norm, one whose complex historicity is indissociable from relations of discipline, regulation, punishment’.10Bodies that Matter, 232. Quite rightly, in Butler’s view, Foucault does not attempt to project anything beyond discourse. Under Butler’s account, “agency” already implies “social agency,” which is to say that someone exhibiting agency is already publicly identifiable. Renowned postmodern philosopher Judith Butler repeatedly donated to the political campaigns of proud self-declared “top cop” Kamala Harris, a center-right neoliberal who made her name as a notoriously harsh prosecutor who locked up large numbers of poor people of color for minor offenses. Judith Butler (b.1956) received a PhD in philosophy from Yale in 1984, with a thesis on Hegelian influences in France. In her book, Excitable Speech (1997a), Butler invokes J.L. The performative naming of a body upon birth, either male/female or girl/boy, engages an artificial binary that suppresses more subversive sexual disruptions of hegemonic heteronormative discourse. Nussbaum, Martha (1999), ‘The Professor of Parody’, The New Republic, 2 February, accessible via ‘The New Republic Online’ at

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