Catherine Mills

In debates on infanticide, including the recent defence of so-called ‘after-birth abortion’, philosophers generally treat the term ‘the person’ as descriptive, such that statements claiming that something is a person can be considered true or false, depending on the characteristics of that thing. This obscures important aspects of its usage. J L Austen identified a subset of speech acts as performative, in that they do things in their very declaration or utterance. They do not simply describe states of affairs or things, but perform the act they ostensibly describe. ‘I promise’ or ‘I apologise’ may be taken as paradigmatic. Performative speech acts are not judged according to their truth-value, but their …

In lieu of an abstract, here is a brief excerpt of the content:Making Fetal PersonsFetal Homicide, Ultrasound, and the Normative Significance of BirthCatherine MillsIn early 2012, the then attorney general of Western Australia, Christian Porter, announced plans to introduce fetal homicide laws that would “create a new offence of causing death or grievous bodily harm to an unborn child through an unlawful assault on its mother” (Porter 2012). While well established in the United States, fetal homicide laws are only beginning to take shape in Australia.1 The proposed law would mean that if an offender assaulted a woman and thereby caused the death of the fetus she was gestating, the courts would be required to impose a sentence of life imprisonment in all but exceptional circumstances—equivalent to the penalty for murder. While the proposed fetal homicide law is said to give appropriate recognition to the grief and suffering of the woman involved—and while it may help to do that—this is certainly not all it would do.2 For it would also give existence to a new legal subject in Western Australia, that is, the “unborn child”: currently, under Western Australian law a child is only legally capable of being murdered when already external to the mother’s body. Thus, the woman’s body constitutes a kind of “natural” basis for a legal boundary—one that the proposed law transgresses and perhaps obliterates, at the same time as it purports to recognize the trauma associated with the transgression and obliteration of that boundary by another.Fetal homicide laws thus traverse difficult territory in the maternal-fetal relationship, in which actions against one person come to constitute a crime against another. Significantly, these laws are typically formulated to provide legal protection for pregnant women against the intrusions of a third party against [End Page 88] their person. However, it may be that they can also be interpreted more generally to provide legal protection for the fetus against others. So construed, such laws open up a danger for pregnant women themselves, insofar as their actions threaten the life and well-being of the fetus they carry. One recent example of the exploitation of this ambiguity in fetal homicide laws is the case of Bei Bei Shuai, a young woman of Chinese descent who faced felony charges of murder in Indiana after a failed suicide attempt resulted in the death of the thirty three week old fetus she was gestating (Pilkington 2011, 2012). If a woman’s actions against herself, leading to the death of her fetus, can be legally construed as murder, where does this leave the law on abortion? The Western Australian attorney general insisted that the proposed law would not affect laws on abortion in any way, since it would not encroach on a woman’s right to make decisions about her pregnancy (Porter 2012). But a woman’s decisional rights in regards to her pregnancy are at best an unstable dividing line; at worst, it is precisely her decision to terminate a pregnancy—that is, to intentionally bring about the death of the fetus—that substantiates a murder charge. Indeed, at the crux of the Shuai case was her suicide note, in which she apparently stated her intent to kill her fetus.This ambiguity between abortion and fetal homicide has been the topic of much discussion in legal literature, and it raises significant questions that bear further investigation. For one, it raises in a particularly pointed way questions about the moral and legal significance of birth, and the bearing it has on the status of the fetus. Birth has historically been significant in establishing personhood, but this reliance on birth is challenged by the shift to treating the fetus as a person for the purposes of some areas of the law. The further question then arises of whether that status must remain consistent across domains of the law, such as those addressed to the death of a fetus at the hands of a third party, and those on abortion. While these questions have been well canvassed in legal discussions, we might also consider the impact that technologies such as obstetric ultrasound have on notions of fetal life and personhood. Advances in medical technologies appear...

JM Coetzee has on several occasions been criticised for his failure to elaborate a political vision of transformation beyond the social and political conditions that he describes in his novels. Focusing on the novel ’Life and Times of Michael K’, I argue that this criticism fails to appreciate the conception of political futurity that is evident in Coetzee’s novels. For there emerges in Michael K a gesture of hope in which turning away from history is the condition of possibility for hope for the future. Central to elaborating this gesture is the question of the status of the subject before the law, for it is on condition of the law’s suspension - or what Giorgio Agamben has identified as a condition of abandonment - that the possibility for future transformation develops. Thus I show that Michael K can profitably be read in conjunction with Agamben’s conception of biopolitics and the condition of abandonment that he argues characterises contemporary political existence. Read within this conceptual framework, Michael K appears as a limit-figure of the human and animal, in which the caesuras that Agamben argues cross the human being in modern politics become evident. Despite this apparent conceptual congruence, though, the particular figuration of hope or political futurity that Coetzee develops differs from Agamben’s in significant ways. For the latter, pushing the condition of abandonment to its extreme limit is the necessary condition for the inauguration of a redemptive ’form-of-life’ in which the human and inhuman elements of the human being can no longer be separated. Coetzee, however, offers a portrayal of hope that rests on the realisation of spaces for living within the ban of the law - spaces in which there is nevertheless ’time enough for everything’.

Giorgio Agamben has gained widespread popularity in recent years for his rethinking of radical politics and his approach to metaphysics and language. However, the extraordinary breadth of historical, legal and philosophical sources which contribute to the complexity and depth of Agamben's thinking can also make his work intimidating. Covering the full range of Agamben's work, this critical introduction outlines Agamben's key concerns: metaphysics, language and potentiality, aesthetics and poetics, sovereignty, law and biopolitics, ethics and testimony, and his powerful vision of post-historical humanity. Highlighting the novelty of Agamben's approach while also situating it in relation to the work of other continental thinkers, "The Philosophy of Agamben" presents a clear and engaging introduction to the work of this original and influential thinker

In this article, I consider recent debates on the notion of procreative liberty, to argue that reproductive freedom can be understood as a form of positive freedom—that is, the freedom to make oneself according to various ethical and aesthetic principles or values. To make this argument, I draw on Michel Foucault’s later work on ethics. Both adopting and adapting Foucault’s notion of ethics as a practice of the self and of liberty, I argue that reproductive autonomy requires enactment to gain meaning within the life contexts of prospective parents. Thus, I propose a shift away from the standard negative model of freedom that sees it solely as a matter of noninterference or nonimpedance, a view advocated by major commentators such as John Harris and John Robertson. Instead, reproduction should be understood as a deeply personal project of self-making that integrates both negative and positive freedom