Margaret Davies
Biographic Data
| ID | 3602103 |
|---|---|
| NAME | Margaret Davies |
| GIVEN NAMES | Margaret |
| FAMILY NAME | Davies |
| SIGNATURE | DAVIES M |
| AFFILIATIONS | Flinders University |
| ORCID | 0000-0003-1546-7204 |
| VERIFIED | Yes |
| TOTAL WORKS | 35 |
| TOTAL CITATIONS | 81 |
| AUTHOR COUNT | 34 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 1945 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 5 |
A Plural Nomos: Law, Life, and Knowledge
Even in its limited state-based form, human law owes its existence to the natural physical world with its self-created value systems. What is understood as human law is grounded in human-nonhuman entanglements, themselves a subset of a multi-dimensional natural nomos consisting of the intricately connected normative worlds of animals, plants, earth, and cosmos. Complex and intersecting plural normative fields include those associated with the non…
Decolonising (and) legal pluralism
Legal pluralism and decolonisation are global academic discourses and activist practices that emerge and intersect differently in different locations. In this paper, I draw upon and amplify some of the critical points made in Bharat Malkani's article with specific reference to the intersection of legal pluralism and decolonising practices in what is now known as Australia. The much more recently arrived Euro‐colonial state‐based law is dislocated…
Relating (with) Law: Thoughts on Legal Kintsugi
Legal Pluralism and the Limits of Law
Feminist Lives, Lived with Law Ann Genovese, Feminist Jurisography: Law, History, Writing (Routledge, 2022) Margaret Thornton, Law and the Quest for Gender Equality (ANU Press, 2023)
Afterword
Some laws and the social conditions they affect seem relatively easy to change.When the pandemic started in 2020, the Australian government doubled the unemployment benefit with little discussion and no opposition.Poverty was drastically reduced.But the change was temporary.In 2021, the benefit dropped nearly to its previous level, and the rate of poverty increased again.Some commentators noted that poverty-often presented as a hard problem of go…
Re-forming property to address eco-social fragmentation and rift
Two concepts that bridge the nature-human divide may help to diagnose and address some of the present and future problems of eco-social change in a legal context. ‘Fragmentation’ refers to loss and degradation of the habitat of nonhuman life. It is also a useful concept for understanding the fracturing of the material conditions for human life in a modern globalised world. The notion of ‘metabolic rift’, derived from Marx by John Bellamy Foster, …
Can property be justified in an entangled world
As a liberal institution, private property is based upon a view of the natural order that prioritizes the individual human being over our social existence and over our nonhuman others. Colonial expansion was enabled in part by the misrecognition and denigration of indigenous land management practices. Forms of property were imposed that were incommensurable with the sustainable relationships formed by original owners with land. Given the ubiquity…
Law Unlimited: Materialism, Pluralism, and Legal Theory
This book engages with a traditional yet persistent question of legal theory – what is law? However, instead of attempting to define and limit law, the aim of the book is to unlimit law, to take the idea of law beyond its conventionally accepted boundaries into the material and plural domains of an interconnected human and nonhuman world. Against the backdrop of analytical jurisprudence, the book draws theoretical connections and continuities bet…
Broadening law’s context: Materiality in socio-legal research
SYNOPSISSocio-legal studies is a ‘heterogeneous field’11 Faulkner et al. (2012), p 6. that encompasses a broad range of topics. Indeed, recently, legal scholars who regard their work as socio-legal have accepted the inclusion of less obvious and less conventional contexts and sites of socio-legal research including specifically science, technology and the environment on the basis that ‘materiality also matters in socio-legal studies’.22 Faulkner …
Material subjects and vital objects — prefiguring property and rights for an entangled world
This article considers the effects of the critique of the subject-object distinction on the concept of property rights. My starting point is that there is nothing ‘given’ or natural about the subject-object distinction: rather, it is an effect produced by a distinctive matrix of ideas, physical-environmental facts, and social behaviours or performances. I explore what it might mean for property if we shift the human being from a position of contr…
The Ashgate Research Companion to Feminist Legal Theory
Contents: Editors' introduction, Margaret Davies and Vanessa E. Munro Part I Theoretical Questions in Feminist Legal Theory: Contesting the dominant paradigm: feminist critiques of liberal legalism, Rosemary Hunter Feminism, law and materialism: reclaiming the 'tainted' realm, Joanne Conaghan Freedom, power, and agency in feminist legal theory, Nancy J. Hirschmann Law's truths and the truth about law: interdisciplinary refractions, Margaret Davie…
The Consciousness of Trees
The legal protection of significant urban trees operates in between heritage law and the imagined wild of native vegetation law, constructing a human–nature continuum in a culturally inflected urban ecology. Such laws implicitly recognize trees as habitat for humans as well as for birds, mammals, reptiles, and microbes, and also explicitly value trees as common rather than simply private resources. Protective tree laws to some degree also respond…
Property in the World: On Collective Hosting and the ‘Ownership’ of Communal Goods
Law is typically located at the scale of the nation state and, as a result, discussions about law and hospitality have tended to emphasise issues of national sovereignty, national identity, and relationships to noncitizen others. However, what remains a fundamental part of hospitality theory is the philosophical emphasis on hospitality as a dimension of the individual owner’s ethical responsibilities to the visitor as well as the constitutive rec…
Home and state: Reflections on metaphor and practice
‘Home’ is frequently invoked to refer to the nation and a unified national identity, often with a spoken or unspoken division between ‘us’ and ‘them’. The concept of home is also a constitutive metaphor in much political debate, and has been instrumental in the shaping of the public–private distinction. This essay considers the idea of ‘home’ in a narrower focus, as a metaphor for, and a structural feature of, the formal construction of the state…
The Law Becomes Us: Rediscovering Judgment
Feminism and the Flat Law Theory
Property (Critical Approaches to Law)
Property: Meanings, histories, theories examines property in a cultural, symbolic and historical framework. These themes are considered in three central chapters dealing with the meanings of property. A final chapter considers some alternative narratives of property and possibilities for its reconstruction."--book jacket
Unity and Diversity in Feminist Legal Theory
Feminist legal theory has undergone some significant changes over the past thirty years. This article provides an introductory overview of feminist legal theory, from liberal and radical feminism through to postmodernism. It outlines some of the major current issues within feminist legal thought, notably debates surrounding culture and religion, the relationship of sex and sexuality scholarship to feminist research, and the position of women with…
Legal Feminism - Now and Then
(2004). ‘Legal Feminism – Now and Then?’. Australian Feminist Law Journal: Vol. 20, No. 1, pp. 1-6
Legal Theory and Law Reform: Some Mainstream and Critical Approaches
Ethics and Methodology in Legal Theory a (Personal) Research Anti-Manifesto
The attitude of the critical researcher, as opposed to the traditional researcher into 'objective' knowledge, lies in the conviction that the theorist-researcher is no mere observer or discoverer of knowledge, but is herself embedded in the social, historical, political context in which knowledge is formed (Horkheimer 1968). The critical researcher therefore aims to be self-reflective, and attentive to the conventional dimensions of scholarship. …
Queer Property, Queer Persons: Self-Ownership and Beyond
The primary focus of this article is the relationship between property and personality with reference to the specific form of transgression offered by queer theory, that is, transgression of the conventional boundaries of sexual identity and desire. Feminists have strongly challenged the gendered nature of personal relations expressed through property - the association of masculinity with the position of proprietor and femininity with the positio…
Lesbian Separatism and Legal Positivism
Legal positivism and lesbian separatism provide very different, yet comparable, approaches to the issue of separation. Legal positivism practices separation as a tool of dominance, while lesbian separatism is based upon the need for identity formation and resistance to dominance. By elaborating upon the justifications advanced for lesbian separatism, this article critiques the separateness defended by legal positivists, and highlights the effects…
The proper: Discourses of purity
Queer Property, Queer Persons: Self-Ownership and Beyond
The primary focus of this article is the relationship between property and personality with reference to the specific form of transgression offered by queer theory, that is, transgression of the conventional boundaries of sexual identity and desire. Feminists have strongly challenged the gendered nature of personal relations expressed through property - the association of masculinity with the position of proprietor and femininity with the positio…
The proper: Discourses of purity
Feminist Appropriations: Law, Property and Personality
EGINNINGS ARE always difficult. Ideally, an academic article shouldbegin with a reasonably clear proposition, amplify some pertinentproblems, traverse a certain territory, gain some ground, and end with a sound conclusion. To comply with norms of scholarship and knowledge the article must look like a complete object. So let me begin by saying that, even if that qualifies as a beginning, I do not have a conclusion. I have some problems, and lots o…
The Ashgate Research Companion to Feminist Legal Theory
Contents: Editors' introduction, Margaret Davies and Vanessa E. Munro Part I Theoretical Questions in Feminist Legal Theory: Contesting the dominant paradigm: feminist critiques of liberal legalism, Rosemary Hunter Feminism, law and materialism: reclaiming the 'tainted' realm, Joanne Conaghan Freedom, power, and agency in feminist legal theory, Nancy J. Hirschmann Law's truths and the truth about law: interdisciplinary refractions, Margaret Davie…
Can property be justified in an entangled world
As a liberal institution, private property is based upon a view of the natural order that prioritizes the individual human being over our social existence and over our nonhuman others. Colonial expansion was enabled in part by the misrecognition and denigration of indigenous land management practices. Forms of property were imposed that were incommensurable with the sustainable relationships formed by original owners with land. Given the ubiquity…
The Consciousness of Trees
The legal protection of significant urban trees operates in between heritage law and the imagined wild of native vegetation law, constructing a human–nature continuum in a culturally inflected urban ecology. Such laws implicitly recognize trees as habitat for humans as well as for birds, mammals, reptiles, and microbes, and also explicitly value trees as common rather than simply private resources. Protective tree laws to some degree also respond…
Material subjects and vital objects — prefiguring property and rights for an entangled world
This article considers the effects of the critique of the subject-object distinction on the concept of property rights. My starting point is that there is nothing ‘given’ or natural about the subject-object distinction: rather, it is an effect produced by a distinctive matrix of ideas, physical-environmental facts, and social behaviours or performances. I explore what it might mean for property if we shift the human being from a position of contr…
The Diffusion and Distribution Pattern of the Megalithic Monuments of the Irish Sea and North Channel Coastlands
The areas which bound the Irish Sea and North Channel possess physical diversities which offered differing degrees of attraction to megalith building peoples. This paper attempts a discussion of those regional differences and of their influence on settlement and intercommunication during the centuries in which the different types of megalith were being built. The Irish Sea basin and its narrower northern strait are fringed by lands in which lie t…
The Law Becomes Us: Rediscovering Judgment
Feminism and the Flat Law Theory
Unity and Diversity in Feminist Legal Theory
Feminist legal theory has undergone some significant changes over the past thirty years. This article provides an introductory overview of feminist legal theory, from liberal and radical feminism through to postmodernism. It outlines some of the major current issues within feminist legal thought, notably debates surrounding culture and religion, the relationship of sex and sexuality scholarship to feminist research, and the position of women with…
Afterword
Some laws and the social conditions they affect seem relatively easy to change.When the pandemic started in 2020, the Australian government doubled the unemployment benefit with little discussion and no opposition.Poverty was drastically reduced.But the change was temporary.In 2021, the benefit dropped nearly to its previous level, and the rate of poverty increased again.Some commentators noted that poverty-often presented as a hard problem of go…
Legal Theory and Law Reform: Some Mainstream and Critical Approaches
TheHeterosexualEconomy
Types of Megalithic Monuments of the Irish Sea and North Channel Coastlands: A Study in Distributions
The megalithic cult of southern and western Europe appears to have been largely seaborne. It was spread in western Britain, too, by a people who used the northern sections of the Atlantic route. This paper deals with the distributions of different types of megalith in the Irish Sea basin and in its northward extension. It describes the burial and ceremonial monuments of the lands which front on to a mainly land-locked sea. The routeways of the Ir…
Types of Megalithic Monuments of the Irish Sea and North Channel Coastlands: A Study in Distributions
The megalithic cult of southern and western Europe appears to have been largely seaborne. It was spread in western Britain, too, by a people who used the northern sections of the Atlantic route. This paper deals with the distributions of different types of megalith in the Irish Sea basin and in its northward extension. It describes the burial and ceremonial monuments of the lands which front on to a mainly land-locked sea. The routeways of the Ir…
The Diffusion and Distribution Pattern of the Megalithic Monuments of the Irish Sea and North Channel Coastlands
The areas which bound the Irish Sea and North Channel possess physical diversities which offered differing degrees of attraction to megalith building peoples. This paper attempts a discussion of those regional differences and of their influence on settlement and intercommunication during the centuries in which the different types of megalith were being built. The Irish Sea basin and its narrower northern strait are fringed by lands in which lie t…
Wales in Maps
Rimbaud's ‘Bonne Pensée Du Matin’
Journal Article RIMBAUD'S ‘BONNE PENSÉE DU MATIN’ Get access MARGARET DAVIES MARGARET DAVIES READING Search for other works by this author on: Oxford Academic Google Scholar French Studies, Volume XXV, Issue 3, July 1971, Pages 295–304, https://doi.org/10.1093/fs/XXV.3.295 Published: 01 July 1971
Le Sentiment du vide dans Le Rivage des Syrtes
IV—The Poetic Imagination
Let not poor Nelly starve
Pathfinding: The Way of the Law
Il-rah 'The Way' was first used as a technical term for 'road' or 'mi gration path'—before being adopted by the mystics to denote 'The Way to God'. The concept has its equivalent in the Central Australian languages where tjurna djugurba means 'the footprints of the Ancestor' and 'the Way of the Law'. It would seem there exists, at some deep level of the human psyche, a connection between 'path-finding' and 'law
Feminist Appropriations: Law, Property and Personality
EGINNINGS ARE always difficult. Ideally, an academic article shouldbegin with a reasonably clear proposition, amplify some pertinentproblems, traverse a certain territory, gain some ground, and end with a sound conclusion. To comply with norms of scholarship and knowledge the article must look like a complete object. So let me begin by saying that, even if that qualifies as a beginning, I do not have a conclusion. I have some problems, and lots o…
TheHeterosexualEconomy
Lesbian Separatism and Legal Positivism
Legal positivism and lesbian separatism provide very different, yet comparable, approaches to the issue of separation. Legal positivism practices separation as a tool of dominance, while lesbian separatism is based upon the need for identity formation and resistance to dominance. By elaborating upon the justifications advanced for lesbian separatism, this article critiques the separateness defended by legal positivists, and highlights the effects…
The proper: Discourses of purity
Queer Property, Queer Persons: Self-Ownership and Beyond
The primary focus of this article is the relationship between property and personality with reference to the specific form of transgression offered by queer theory, that is, transgression of the conventional boundaries of sexual identity and desire. Feminists have strongly challenged the gendered nature of personal relations expressed through property - the association of masculinity with the position of proprietor and femininity with the positio…
Ethics and Methodology in Legal Theory a (Personal) Research Anti-Manifesto
The attitude of the critical researcher, as opposed to the traditional researcher into 'objective' knowledge, lies in the conviction that the theorist-researcher is no mere observer or discoverer of knowledge, but is herself embedded in the social, historical, political context in which knowledge is formed (Horkheimer 1968). The critical researcher therefore aims to be self-reflective, and attentive to the conventional dimensions of scholarship. …
Legal Theory and Law Reform: Some Mainstream and Critical Approaches
Legal Feminism - Now and Then
(2004). ‘Legal Feminism – Now and Then?’. Australian Feminist Law Journal: Vol. 20, No. 1, pp. 1-6
Property (Critical Approaches to Law)
Property: Meanings, histories, theories examines property in a cultural, symbolic and historical framework. These themes are considered in three central chapters dealing with the meanings of property. A final chapter considers some alternative narratives of property and possibilities for its reconstruction."--book jacket
Unity and Diversity in Feminist Legal Theory
Feminist legal theory has undergone some significant changes over the past thirty years. This article provides an introductory overview of feminist legal theory, from liberal and radical feminism through to postmodernism. It outlines some of the major current issues within feminist legal thought, notably debates surrounding culture and religion, the relationship of sex and sexuality scholarship to feminist research, and the position of women with…
Feminism and the Flat Law Theory
The Law Becomes Us: Rediscovering Judgment
Property in the World: On Collective Hosting and the ‘Ownership’ of Communal Goods
Law is typically located at the scale of the nation state and, as a result, discussions about law and hospitality have tended to emphasise issues of national sovereignty, national identity, and relationships to noncitizen others. However, what remains a fundamental part of hospitality theory is the philosophical emphasis on hospitality as a dimension of the individual owner’s ethical responsibilities to the visitor as well as the constitutive rec…
Home and state: Reflections on metaphor and practice
‘Home’ is frequently invoked to refer to the nation and a unified national identity, often with a spoken or unspoken division between ‘us’ and ‘them’. The concept of home is also a constitutive metaphor in much political debate, and has been instrumental in the shaping of the public–private distinction. This essay considers the idea of ‘home’ in a narrower focus, as a metaphor for, and a structural feature of, the formal construction of the state…
The Consciousness of Trees
The legal protection of significant urban trees operates in between heritage law and the imagined wild of native vegetation law, constructing a human–nature continuum in a culturally inflected urban ecology. Such laws implicitly recognize trees as habitat for humans as well as for birds, mammals, reptiles, and microbes, and also explicitly value trees as common rather than simply private resources. Protective tree laws to some degree also respond…
Material subjects and vital objects — prefiguring property and rights for an entangled world
This article considers the effects of the critique of the subject-object distinction on the concept of property rights. My starting point is that there is nothing ‘given’ or natural about the subject-object distinction: rather, it is an effect produced by a distinctive matrix of ideas, physical-environmental facts, and social behaviours or performances. I explore what it might mean for property if we shift the human being from a position of contr…
The Ashgate Research Companion to Feminist Legal Theory
Contents: Editors' introduction, Margaret Davies and Vanessa E. Munro Part I Theoretical Questions in Feminist Legal Theory: Contesting the dominant paradigm: feminist critiques of liberal legalism, Rosemary Hunter Feminism, law and materialism: reclaiming the 'tainted' realm, Joanne Conaghan Freedom, power, and agency in feminist legal theory, Nancy J. Hirschmann Law's truths and the truth about law: interdisciplinary refractions, Margaret Davie…
Political science (25 works) · Sociology (24 works) · Law (23 works) · Law (20 works) · Philosophy (16 works) · Epistemology (14 works) · Law in Society and Culture (14 works) · Philosophy (14 works) · Law and economics (7 works) · Geography (6 works)