Governed Through Choice

At the center of the “war on women” lies the fact that women in the contemporary United States are facing more widespread and increased surveillance of their reproductive health and decisions. In recent years states have passed a record number of laws restricting abortion. Physicians continue to sterilize some women against their will, especially those in prison, while other women who choose to forego reproduction cannot find physicians to sterilize them. While these actions seem to undermine women’s decision-making authority, experts and state actors often defend them in terms of promoting women’s autonomy. In Governed through Choice, Jennifer M. Denbow exposes the way that the notion of autonomy allows for this apparent contradiction and explores how it plays out in recent reproductive law, including newly enacted informed consent to abortion laws like ultrasound mandates and the regulation of sterilization. Denbow also shows how developments in reproductive technology, which would seem to increase women’s options and autonomy, provide even more opportunities for state management of women’s bodies. The book argues that notions of autonomy and choice, as well as transformations in reproductive technology, converge to enable the state’s surveillance of women and undermine their decision-making authority. Yet, Denbow asserts that there is a way forward and offers an alternative understanding of autonomy that focuses on critique and social transformation. Moreover, while reproductive technologies may heighten surveillance, they can also help disrupt oppressive norms about reproduction and gender, and create space for transformation. A critically important analysis, Governed through Choice is a trailblazing look at how the law regulates women’s bodies as reproductive sites and what can be done about it.

"At the center of the 'war on women' lies the fact that women in the contemporary United States are facing increased surveillance of their reproductive health. In recent years states have passed a record number of laws restricting abortion and reproductive rights. Physicians continue to sterilize some women against their will, especially those in prison; in other cases, women seeking medical interventions to prevent pregnancies encounter resistance from the medical community. While these trends seem to undermine women's decision-making authority, experts and state actors often defend such policies and actions as actually promoting women's autonomy. In Governed through Choice, Jennifer M. Denbow analyzes recent reproductive measures, such as 'informed consent' to abortion laws and the regulation of sterilization, in order to expose how the notion of autonomy allows for such a striking contradiction in how reproductive policies affect women. Yet, Denbow also offers an understanding of autonomy as critique and transformation of oppressive norms. Denbow shows how developments in reproductive technology, which would seem to increase women's options and autonomy, provide increased opportunities for state management of women's bodies. However, she also argues that reproductive technologies can disrupt oppressive norms about reproduction and gender and ultimately enable social transformation. A critically important analysis, Governed through Choice is a trailblazing look at how the law regulates women's bodies as reproductive sites and what can be done about it"--Unedited summary from paperback book cover.

Taking a critical attitude of dissatisfaction towards rights, the central premise of this book is that rights are technologies of governmentality. They are a regulating discourse that is itself managed through governing tactics and techniques – hence governing (through) rights. Part I examines the 'problem of government' (through) rights. The opening chapter describes governmentality as a methodology that is then used to interrogate the relationship between rights and governance in three contexts: the international, regional and local. How rights regulate certain identities and conceptions of what is good governance is examined through the case study of non-state actors, specifically the NGO, in the international setting; through a case study of rights agencies, and the role of experts, indicators and the rights-based approach in the European Union or regional setting; and, in terms of the local, the challenge that the blossoming language of responsibility and community poses to rights in the name of less government (Big Society) is problematised. In Part II, on resisting government (through) rights, the book also asks what counter-conducts are possible using rights language (questioning rioting as resistance), and whether counter-conduct can be read as an ethos of the political, rights-bearing subject and as a new ethical right. Thus, the book bridges a divide between critical theory (ie Foucauldian understandings of power as governmentality) and human rights law.

Neoliberalism is among the most commonly used concepts in the social sciences. Furthermore, it is one of the most influential factors that have shaped the formation of public policy and politics. In Governing Practices, Michelle Brady and Randy Lippert bring together prominent scholars in sociology, criminology, anthropology, geography, and policy studies to extend and refine the current conversation about neoliberalism. The collection argues that a new methodological approach to analyzing contemporary policy and political change is needed. United by the common influence of Foucault's governmentality approach and an ethnographic imaginary, the collection presents original research on a diverse range of case studies including public-private partnerships, the governance of condos, community and state statistics, nanopolitics, philanthropy, education reform, and pay-day lending. These diverse studies add considerable depth to studies on governmentality and neoliberalism through a focus on governmental practices that have not previously been the focus of sustained analysis.

This edited collection brings together researchers from education, human geography, sociology, social policy and political theory in order to consider the idea of the ‘pedagogical state’ as a means of understanding the strategies employed to re-educate citizens. The book aims to critically interrogate the cultural practices of governing citizens in contemporary liberal societies. Governing through pedagogy can be identified as an emerging tactic by which both state agencies and other non-state actors manage, administer, discipline, shape, care for and enable liberal citizens. Hence, discourses of ‘active citizenship’, ‘participatory democracy’, ‘community empowerment’, ‘personalised responsibility’, ‘behaviour change’ and ‘community cohesion’ are productively viewed through the conceptual lens of the pedagogical state. Chapters consider the spaces of schools, universities, the voluntary sector, civil society organisations, parenting initiatives, the media, government departments and state agencies as fruitful empirical sites through which pedagogy is worked and re-worked. This book was originally published as a special issue of Citizenship Studies.

Contributed articles.

Over the past forty years, numerous theoretical advances have been made. From Ayres’ and Braithwaite’s ground breaking work on ‘responsive regulation’, we have seen models of ‘smart regulation’, ‘regulatory governance’ and ‘regulatory capitalism’ emerge to capture the growing prevalence and importance of regulation in modern liberal Western capitalist societies. Important advances also have been made in the practice of regulation, with regulators evolving from traditional enforcement focussed ‘command and control’ models to being ‘modern regulators’ with a suite of diverse and innovative regulatory tools at their disposal. The book presents and critically examines these theoretical and practical developments from the perspective of governments who design regulations, and the regulators that deploy them. In doing so, the book examines the various forces and interests that influence and shape the regulatory endeavour, and the practical challenges facing governments and regulators when deciding whether and how to regulate. This volume is a study of regulation in context: in the context of the public policy it is designed to deliver; the law that enables, shapes and holds it to account; and the evolving societal and institutional frameworks within which it takes place. Aimed to provide innovative cross-disciplinary conceptual frameworks that regulators, regulatees, those whom regulation is intended to benefit, and academics, might employ to better understand and undertake the regulatory endeavour. This will be of great interest to researchers, educators, advanced students and practitioners working in the fields of political science, public management and administration, and public policy. .

The oil and gas industry’s wide international exposure and constantly changing landscape leave it particularly vulnerable to disputes. As this practical book demonstrates, the risks associated with disputes can be mitigated by parties utilising governing law and dispute resolution clauses in contractual agreements within the sector. Examining a global range of jurisdictions, the book offers clear guidance on the most appropriate choice of law and choice of dispute resolution forum for oil and gas contracts, analysing the key issues and defining the legal contours involved.