chapter
4 Pages

toMake andDo

So, what tune(s) am I whistling? What song(s) might it begin to invoke? Sometimes the position to take, or rather the approach to take up, is not very grand. To argue in defence of a particular position in law can seem very restrictive: no great imaginative leaps here! But, the position of defending 'common intention' trusts from a feminist perspective is one which not only alerts us to the potential dangers of the all too seemingly attractive alternatives, but also requires that we focus on those aspects of the present narrative structures within law which give us some entry point around which we can begin to think about potential songs. We have increasingly recognised, as feminists, how difficult it is to try and find strategies in law which will be of benefit to all women, given the many and diverse circumstances that women find themselves in. Thus, we have begun, cautiously and unevenly, to approach our work in tenus of a broader project: to try and find patterns in the jurisprudence of law which allow us to talk not just of how badly certain, indeed many, women have suffered as a consequence of both present legal forms and practices (including the operation of judicial discretion), or how certain forms and practices might enhance our individual struggles as women, but rather a sense of what we might mean by a feminist politics in relation to law. What kind of legal forms might be conducive to grounding a feminist engagement? What forms and practices might be more malleable, in terms of our commitment as feminists, in trying to find ways of beginning to speak of how we want to relate to each other?