Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

Search


Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

jr_114_9780195367195_bnr

jr_114_9780195383768_bnr

advertise-here4


FC-CO(SS)

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments

    • A.J. Sutter on Doe v. Wal-Mart: Must Common Law be Reformed to Protect Workers?

    • fau on Public opinion on same-sex marriage

    • Mike Zimmer on From the other side at AALS . . .

    • Mike Zimmer on The Employer’s Strategy in Gross v. FBL Financials

    • Mike Zimmer on Drafting the 28th Amendment

    • M.G.M on Drafting the 28th Amendment

    • A.J. Sutter on Lawyers: Don’t Trade on Inside Information!

    • No Load Funds on Consumer Financial Product Safety?

    • grad student on Princeton and the Behavioral Revolution

    • Anon321 on The Passive Voice in Statutory Interpretation

    • Steven Kaminshine on The Employer’s Strategy in Gross v. FBL Financials

    • Alex Kreit on Politicians: Have you talked to your constituents about drug policy?

    • Alex Kreit on Election Night 2009

    • mikeb302000 on Election Night 2009

    • Neal Goldfarb on The Passive Voice in Statutory Interpretation

  •  

    Site Meter

Anthropologists Debate Female Circumcision

posted by Sarah Waldeck

TierneyLab has a post about the annual meeting of the American Anthropological Association, which included a panel on female genital cutting (FGC). Some of the panelists have stated that the Western “zero tolerance” approach to FGC represents cultural imperialism and a fundamental misunderstanding of certain cultural heritages. Other panelists have maintained that because of the American tradition of infant male circumcision, as well as the genital cosmetic surgery that some American women voluntarily undergo, those who argue against FGC speak from glass houses.

At the time of this writing, the TierneyLab post had generated a whopping 208 comments. Most, although not all, argued against the position taken by these panelists and emphasized the drastic physical effects of FGC as well as the circumstances under which it is often performed. But it’s hard to argue with one basic point of the post: genital cutting is a cultural phenomenon.

To wit, consider the experience of a medical center in Seattle which serves a large Somali immigrant population. The tale is recounted in The Seattle Compromise: Multicultural Sensitivity and Americanization, by Doriane Lambelet Coleman. (You can find the article at 47 Duke L.J. 717 (1998)). Many Somali mothers requested that the medical center circumcise their daughters; they were mystified that the hospital would circumcise boys but not girls. The mothers were clear about what they wanted: a symbolic cut on the hood of the clitoris, one that would draw blood but not excise any tissue. The mothers believed that as a cultural and religious matter, some form of genital cutting was necessary. If the hospital did not do it, the mothers would take their daughters to Somali “midwives” in the Seattle area or send them back home. In either event, their daughters would experience far more genital cutting than the mothers were proposing, possibly even complete removal of all external genitalia. The medical center convened a special panel to consider the matter. Eventually the hospital agreed to perform the cut suggested by the Somali mothers, with the use of a local anesthetic, and only on girls old enough to understand the procedure. The hospital was hopeful that this would serve as a transitional measure and that second-generation Somalis would abandon the rite.


But then the media got wind of the hospital’s plan. It was besieged by critics, including then-United States representative Patricia Schroeder, who had been instrumental in passing federal legislation that outlawed female circumcision. Under immense public pressure and the threat of litigation, the hospital abandoned its plan. Coleman hypothesizes that most of the interests that lobbied against the hospital did not even understand what it was proposing; once they heard “female circumcision,” they stopped listening. What happened to the girls who would have been cut at the Seattle medical center is unclear, but I doubt it was anything good.

It is easy to look at most forms of FGC and argue that it should not be allowed to occur under any circumstances. But as Coleman explains,

The [medical center’s] proposal was clearly different . . . because unlike the traditional forms of [FGM], it would have been less injurious to the health, welfare and safety of girls than male circumcision is to the health, welfare and safety of boys. Specifically, while the symbolic female circumcision would have involved only a small incision on the hood of the clitoris, an incision that was accurately characterized as a “mere bloodletting,” male circumcision always involves the cutting as well as the removal of tissue (the foreskin of the penis). Skin bruising and disfigurement always accompany the accepted procedure, and these injuries typically take some time to heal. The emotional consequences of the two procedures could be characterized as equivalent; although again, the fact that the [medical center’s] proposal contemplated obtaining the actual consent of the girls, where boys are rarely in a position to give their consent to circumcision, makes it arguable that the symbolic female circumcision actually would be less injurious in this respect as well.

Of course, just because a practice like FGC has cultural and religious roots doesn’t make it right. Similarly, a cultural predisposition against a particular practice doesn’t mean that the resulting opposition is misguided. The difficulties arise when our cultural predispositions lead to kneejerk conclusions, or when we are willing to scrutinize the practices of others but not ourselves.


 December 3, 2007 at 3:41 pm   Posted in: Culture   Print This Post Print This Post

Responses (4)

  1. Margaret - December 3, 2007 at 1:05 pm

    I think you shouldn’t use the term “female circumcision” at all. It’s not an accurate term for any form of female genital cutting (at best) or mutilation (at worst, and at most common). But maybe that’s just a “kneejerk conclusion” based on my “cultural disposition.”

  2. adhum - December 3, 2007 at 4:30 pm

    I think you’ll find this recent paper on genital cutting very interesting:

    Darby, Robert and Svoboda, J. Steven (2007) A Rose by Any Other Name? Rethinking the Similarities and Differences between Male and Female Genital Cutting. MEDICAL ANTHROPOLOGY QUARTERLY, Vol. 21, Issue 3, pp. 301-323, ISSN 0745-5194, online ISSN 1548-1387.

    Download the pdf for free here.

  3. nornerator - December 3, 2007 at 7:46 pm

    I do not see what the big deal is here.

    I understand that in some countries within certain religions it is practice to preform “female circumcision” which often times simply means destroying the possibility of sexual satisfaction later in life.

    This practice seems to be a bad idea IN GENERAL.

    However if the story is portrayed accurately the procedure the hospital was considering appeared to be the most rational thing to do.

    Unlike politicians many medical professionals ethics very seriously.

    In this case it was quite clear that if the hospital did not perform this simple and safe medical procedure, it would be performed by somebody either poorly trained or not trained at all which could result some very negative possibilities.

    Once again politicians need to stand out of the way of intellectuals. It is clear that intellectuals are far more concerned with ethics than politicians are, yet for some reason it is the politicians that get to make policy decisions over ethical issues, stem cell research for instance, not intelligent people.

    Tis a sad world we live in.

  4. Waia - December 3, 2007 at 9:55 pm

    Female Genital Cutting is not required by any religion. Much like Male Genital Cutting (widespread in the US), it is practiced by Christians, Muslims, Jews, and people of other faiths. Nor does it necessarily mean destroying the possibility of sexual satisfaction. Many “circumcised” women report experiencing orgasm regularly and some even report greater sexual pleasure than before. In addition, there are other erogenous zones completely unaffected by FGC.

    Finally, a number of forms of FGC are actually quite similar to Female Genital Cosmetic Surgeries, which are becoming increasingly popular in the US (check out http://www.altermd.com or a number of other sites on FGCS).

Leave a Reply

*
To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Click to hear an audio file of the anti-spam word


  • « Previous post
  • Next post »

Authors

Daniel J. Solove

Website
Understanding Privacy

Kaimipono Wenger

Website
SSRN Page

Dave Hoffman

Website
SSRN Page

Nate Oman

Website
SSRN Page

Frank Pasquale

Website
SSRN Page

Deven Desai

Website
SSRN Page

Danielle Citron

Website
SSRN Page

Lawrence Cunningham

Website
SSRN Page

Sarah Waldeck

Website
SSRN Page

Jaya Ramji-Nogales

Website
SSRN Page

Solangel Maldonado

Website
SSRN Page

Gerard Magliocca

Website
SSRN Page


Guests

Rachel Godsil
Alex Kreit
Anita Krishnakumar
Matthew Sag
Michael Zimmer






Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Michelle Anderson
Laura Appleman
Ann Bartow
Francesca Bignami
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Jennifer Collins
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
David Fagundes
Christine Haight Farley
Kim Ferzan
Dan Filler
Michael Froomkin
Amanda Frost
Timothy Glynn
Rachel Godsil
Eric Goldman
David Gray
Craig Green
Tristin Green
Jeffrey Harrison
Erica Hashimoto
Carissa Hessick
Laura Heymann
Robert Hillman
Christine Hurt
Darian Ibrahim
John Ip
Kevin Johnson
Dan Kahan
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Joseph Liu
Michael Madison
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
David Post
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Susan Scafidi
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Charles Sullivan
Rick Swedloff
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Sarah Waldeck
Melissa Waters
Alfred Yen
David Zaring
Timothy Zick
Spencer Weber Waller
Howard Wasserman
Frank Wu
Corey Yung
Jonathan Zittrain

Blogroll

Above the Law
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress