Gender Trouble: Part 1

One. Subjects of Sex, Gender, Desire

The category of sex is the political category that founds society as heterosexual.

One. "Women" as the Subject of Feminism

For the most part, feminist theory has assumed that there is some existing identity, understood through the category of women, who not only initiates feminist interests and goals within discourse, but constitutes the subject for whom political representation is pursued. But politics and representation are controversial terms. On the one hand, representation serves as the operative term within a political process that seeks to extend visibility and legitimacy to women as political subjects; on the other hand, representation is the normative function of a language which is said either to reveal or to distort what is assumed to be true about the category of women. For feminist theory, the development of a language that fully or adequately represents women has seemed necessary to foster the political visibility of women. This has seemed obviously important considering the pervasive cultural condition in which women's lives were either misrepresented or not represented at all.

Recently, this prevailing conception of the relation between feminist theory and politics has come under challenge from within feminist discourse. The very subject of women is no longer understood in stable or abiding terms. There is a great deal of material that not only questions the viability of "the subject" as the ultimate candidate for representation or, indeed, liberation, but there is very little agreement after all on what it is that constitutes, or ought to constitute, the category of women. The domains of political and linguistic "representation" set out in advance the criterion by which subjects themselves are formed, with the result that representation is extended only to what can be acknowledged as a subject. In other words, the qualifications for being a subject must first be met before representation can be extended.

Foucault points out that juridical systems of power produce the subjects they subsequently come to represent. Juridical notions of power appear to regulate political life in purely negative terms-that is, through the limitation, prohibition, regulation, control, and even "protection" of individuals related to that political structure through the contingent and retractable operation of choice. But the subjects regulated by such structures are, by virtue of being subjected to them, formed, defined, and reproduced in accordance with the requirements of those structures. If this analysis is right, then the juridical formation of language and politics that represents women as "the subject" of feminism is itself a discursive formation and effect of a given version of representational politics. And the feminist subject turns out to be discursively constituted by the very political system that is supposed to facilitate its emancipation. This becomes politically problematic if that system can be shown to produce gendered subjects along a differential axis of domination or to produce subjects who are presumed to be masculine. In such cases, an uncritical appeal to such a system for the emancipation of "women" will be clearly self-defeating.

The question of "the subject" is crucial for politics, and for feminist politics in particular, because juridical subjects are invariably produced through certain exclusionary practices that do not "show" once the juridical structure of politics has been established. In other words, the political construction of the subject proceeds with certain legitimating and exclusionary aims, and these political operations are effectively concealed and naturalized by a political analysis that takes juridical structures as their foundation. Juridical power inevitably "produces" what it claims merely to represent; hence, politics must be concerned with this dual function of power: the juridical and the productive. In effect, the law produces and then conceals the notion of "a subject before the law" in order to invoke that discursive formation as a naturalized foundational premise that subsequently legitimates that law's own regulatory hegemony. It is not enough to inquire into how women might become more fully represented in language and politics. Feminist critique ought also to understand how the category of "women," the subject of feminism, is produced and restrained by the very structures of power through which emancipation is sought.

Indeed, the question of women as the subject of feminism raises the possibility that there may not be a subject who stands "before" the law, awaiting representation in or by the law. Perhaps the subject, as well as the invocation of a temporal "before," is constituted by the law as the fictive foundation of its own claim to legitimacy. The prevailing assumption of the ontological integrity of the subject before the law might be understood as the contemporary trace of the state of nature hypothesis, that foundationalist fable constitutive of the juridical structures of classical liberalism. The performative invocation of a nonhistorical "before" becomes the foundational premise that guarantees a presocial ontology of persons who freely consent to be governed and, thereby, constitute the legitimacy of the social contract.

Apart from the foundationalist fictions that support the notion of the subject, however, there is the political problem that feminism encounters in the assumption that the term women denotes a common identity. Rather than a stable signifier that commands the assent of those whom it purports to describe and represent, women, even in the plural, has become a troublesome term, a site of contest, a cause for anxiety. As Denise Riley's title suggests, Am I That Name? is a question produced by the very possibility of the name's multiple significations. If one "is" a woman, that is surely not all one is; the term fails to be exhaustive, not because a pregendered "person" transcends the specific paraphernalia of its gender, but because gender is not always constituted coherently or consistently in different historical contexts, and because gender intersects with racial, class, ethnic, sexual, and regional modalities of discursively constituted identities. As a result, it becomes impossible to separate out "gender" from the political and cultural intersections in which it is invariably produced and maintained.

The political assumption that there must be a universal basis for feminism, one which must be found in an identity assumed to exist cross-culturally, often accompanies the notion that the oppression of women has some singular form discernible in the universal or hegemonic structure of patriarchy or masculine domination. The notion of a universal patriarchy has been widely criticized in recent years for its failure to account for the workings of gender oppression in the concrete cultural contexts in which it exists. Where those various contexts have been consulted within such theories, it has been to find "examples" or "illustrations" of a universal principle that is assumed from the start. That form of feminist theorizing has come under criticism for its efforts to colonize and appropriate non-Western cultures to support highly Western notions of oppression, but because they tend as well to construct a "Third World" or even an "Orient" in which gender oppression is subtly explained as symptomatic of an essential, non-Western barbarism. The urgency of feminism to establish a universal status for patriarchy in order to strengthen the appearance of feminism's own claims to be representative has occasionally motivated the shortcut to a categorial or fictive universality of the structure of domination, held to produce women's common subjugated experience.

Although the claim of universal patriarchy no longer enjoys the kind of credibility it once did, the notion of a generally shared conception of "women," the corollary to that framework, has been much more difficult to displace. Certainly, there have been plenty of debates: Is there some commonality among "women" that preexists their oppression, or do "women" have a bond by virtue of their oppression alone? Is there a specificity to women's cultures that is independent of their subordination by hegemonic, masculinist cultures? Are the specificity and integrity of women's cultural or linguistic practices always specified against and, hence, within the terms of some more dominant cultural formation? If there is a region of the "specifically feminine," one that is both differentiated from the masculine as such and recognizable in its difference by an unmarked and, hence, presumed universality of "women"? The masculine/feminine binary constitutes not only the exclusive framework in which that specificity can be recognized, but in every other way the "specificity" of the feminine is once again fully decontextualized and separated off analytically and politically from the constitution of class, race, ethnicity, and other axes of power relations that both constitute "identity" and make the singular notion of identity a misnomer.

My suggestion is that the presumed universality and unity of the subject of feminism is effectively undermined by the constraints of the representational discourse in which it functions. Indeed, the premature insistence on a stable subject of feminism, understood as a seamless category of women, inevitably generates multiple refusals to accept the category. These domains of exclusion reveal the coercive and regulatory consequences of that construction, even when the construction has been elaborated for emancipatory purposes. Indeed, the fragmentation within feminism and the paradoxical opposition to feminism from "women" whom feminism claims to represent suggest the necessary limits of identity politics. The suggestion that feminism can seek wider representation for a subject that it itself constructs has the ironic consequence that feminist goals risk failure by refusing to take account of the constitutive powers of their own representational claims. This problem is not ameliorated through an appeal to the category of women for merely "strategic" purposes, for strategies always have meanings that exceed the purposes for which they are intended. In this case, exclusion itself might qualify as such an unintended yet consequential meaning. By conforming to a requirement of representational politics that feminism articulate a stable subject, feminism thus opens itself to charges of gross misrepresentation.

Obviously, the political task is not to refuse representational politics-as if we could. The juridical structures of language and politics constitute the contemporary field of power; hence, there is no position outside this field, but only a critical genealogy of its own legitimating practices. As such, the critical point of departure is the historical present, as Marx put it. And the task is to formulate within this constituted frame a critique of the categories of identity that contemporary juridical structures engender, naturalize, and immobilize.

Perhaps there is an opportunity at this juncture of cultural politics, a period that some would call "postfeminist," to reflect from within a feminist perspective on the injunction to construct a subject of feminism. Within feminist political practice, a radical rethinking of the ontological constructions of identity appears to be necessary in order to formulate a representational politics that might revive feminism on other grounds. On the other hand, it may be time to entertain a radical critique that seeks to free feminist theory from the necessity of having to construct a single or abiding ground which is invariably contested by those identity positions or anti-identity positions that it invariably excludes. Do the exclusionary practices that ground feminist theory in a notion of "women" as subject paradoxically undercut feminist goals to extend its claims to "representation"?

Perhaps the problem is even more serious. Is the construction of the category of women as a coherent and stable subject an unwitting regulation and reification of gender relations? And is not such a reification precisely contrary to feminist aims? To what extent does the category of women achieve stability and coherence only in the context of the heterosexual matrix? If a stable notion of gender no longer proves to be the foundational premise of feminist politics, perhaps a new sort of feminist politics is now desirable to contest the very reifications of gender and identity, one that will take the variable construction of identity as both a methodological and normative prerequisite, if not a political goal.

To trace the political operations that produce and conceal what qualifies as the juridical subject of feminism is precisely the task of a feminist genealogy of the category of women. In the course of this effort to question "women" as the subject of feminism, the unproblematic invocation of that category may prove to preclude the possibility of feminism as a representational politics. What sense does it make to extend representation to subjects who are constructed through the exclusion of those who fail to conform to unspoken normative requirements of the subject? What relations of domination and exclusion are inadvertently sustained when representation becomes the sole focus of politics? The identity of the feminist subject ought not to be the foundation of feminist politics, if the formation of the subject takes place within a field of power regularly buried through the assertion of that foundation. Perhaps, paradoxically, "representation" will be shown to make sense for feminism only when the subject of "women" is nowhere presumed.