I agree. In fact, Nussbaum's range of references is far larger than Butler's! BTW, Nussbaum is misleading about Socrates & Sophists (or philosophy & rhetoric), Hume, etc. in her article on Butler in _The New Republic_:
***** Butler gains prestige in the literary world by being a philosopher; many admirers associate her manner of writing with philosophical profundity. But one should ask whether it belongs to the philosophical tradition at all, rather than to the closely related but adversarial tradition of sophistry and rhetoric. Ever since Socrates distinguished philosophy from what the sophists and the rhetoricians were doing, it has been a discourse of equals who trade arguments and counter-arguments without any obscurantist sleight-of-hand. In that way, he claimed, philosophy showed respect for the soul, while the others' manipulative methods showed only disrespect. One afternoon, fatigued by Butler on a long plane trip, I turned to a draft of a student's dissertation on Hume's views of personal identity. I quickly felt my spirits reviving. Doesn't she write clearly, I thought with pleasure, and a tiny bit of pride. And Hume, what a fine, what a gracious spirit: how kindly he respects the reader's intelligence, even at the cost of exposing his own uncertainty. (Nussbaum, "The Professor of Parody") *****
First of all, the Socratic dialogue does not constitute a "discourse of equals," and that is why, for instance, it has been pedagogically useful in law school. It's adversarial and full of rhetorical sleights.
Secondly, Nussbaum might note that Hume and Butler in fact share the same empiricist ontology; it's just that, while Hume makes his concept of reality explicit, Butler avoids addressing the question explicitly and in depth. All the same, Butler's philosophy tacitly presupposes empiricism of a Humean kind, as all postmodernists do (this is the point that Roy Bhaskar makes).
Lastly, Nussbaum might explicitly defend the notion that "clarity" (in both style and content) is, for her, a matter of moral and aesthetic virtues. She should not simply assume that everyone immediately agrees with her on this point. This is especially important since one of her main criticisms of Butler, Foucault, etc. is that while they reject a possibility of normative claims, they nonetheless tacitly assume their readers would agree with them on many norms of freedom, justice, human dignity, etc. (the point made by many other critics of postmodernists, such as Peter Dews, Nancy Fraser, Norman Geras, etc.). For instance, Nussbaum argues:
***** Suppose we grant Butler her most interesting claims up to this point: that the social structure of gender is ubiquitous, but we can resist it by subversive and parodic acts. Two significant questions remain. What should be resisted, and on what basis? What would the acts of resistance be like, and what would we expect them to accomplish?
Butler uses several words for what she takes to be bad and therefore worthy of resistance: the "repressive," the "subordinating," the "oppressive." But she provides no empirical discussion of resistance of the sort that we find, say, in Barry Adam's fascinating sociological study The Survival of Domination (1978), which studies the subordination of blacks, Jews, women, and gays and lesbians, and their ways of wrestling with the forms of social power that have oppressed them. Nor does Butler provide any account of the concepts of resistance and oppression that would help us, were we really in doubt about what we ought to be resisting.
Butler departs in this regard from earlier social-constructionist feminists, all of whom used ideas such as non-hierarchy, equality, dignity, autonomy, and treating as an end rather than a means, to indicate a direction for actual politics. Still less is she willing to elaborate any positive normative notion. Indeed, it is clear that Butler, like Foucault, is adamantly opposed to normative notions such as human dignity, or treating humanity as an end, on the grounds that they are inherently dictatorial. In her view, we ought to wait to see what the political struggle itself throws up, rather than prescribe in advance to its participants. Universal normative notions, she says, "colonize under the sign of the same."
This idea of waiting to see what we get--in a word, this moral passivity--seems plausible in Butler because she tacitly assumes an audience of like- minded readers who agree (sort of) about what the bad things are--discrimination against gays and lesbians, the unequal and hierarchical treatment of women--and who even agree (sort of) about why they are bad (they subordinate some people to others, they deny people freedoms that they ought to have). But take that assumption away, and the absence of a normative dimension becomes a severe problem.
Try teaching Foucault at a contemporary law school, as I have, and you will quickly find that subversion takes many forms, not all of them congenial to Butler and her allies. As a perceptive libertarian student said to me, Why can't I use these ideas to resist the tax structure, or the antidiscrimination laws, or perhaps even to join the militias? Others, less fond of liberty, might engage in the subversive performances of making fun of feminist remarks in class, or ripping down the posters of the lesbian and gay law students' association. These things happen. They are parodic and subversive. Why, then, aren't they daring and good?
Well, there are good answers to those questions, but you won't find them in Foucault, or in Butler. Answering them requires discussing which liberties and opportunities human beings ought to have, and what it is for social institutions to treat human beings as ends rather than as means--in short, a normative theory of social justice and human dignity. It is one thing to say that we should be humble about our universal norms, and willing to learn from the experience of oppressed people. It is quite another thing to say that we don't need any norms at all. Foucault, unlike Butler, at least showed signs in his late work of grappling with this problem; and all his writing is animated by a fierce sense of the texture of social oppression and the harm that it does.
Come to think of it, justice, understood as a personal virtue, has exactly the structure of gender in the Butlerian analysis: it is not innate or " natural," it is produced by repeated performances (or as Aristotle said, we learn it by doing it), it shapes our inclinations and forces the repression of some of them. These ritual performances, and their associated repressions, are enforced by arrangements of social power, as children who won't share on the playground quickly discover. Moreover, the parodic subversion of justice is ubiquitous in politics, as in personal life. But there is an important difference. Generally we dislike these subversive performances, and we think that young people should be strongly discouraged from seeing norms of justice in such a cynical light. Butler cannot explain in any purely structural or procedural way why the subversion of gender norms is a social good while the subversion of justice norms is a social bad. Foucault, we should remember, cheered for the Ayatollah, and why not? That, too, was resistance, and there was indeed nothing in the text to tell us that that struggle was less worthy than a struggle for civil rights and civil liberties.
There is a void, then, at the heart of Butler's notion of politics. This void can look liberating, because the reader fills it implicitly with a normative theory of human equality or dignity. But let there be no mistake: for Butler, as for Foucault, subversion is subversion, and it can in principle go in any direction. Indeed, Butler's naively empty politics is especially dangerous for the very causes she holds dear. For every friend of Butler, eager to engage in subversive performances that proclaim the repressiveness of heterosexual gender norms, there are dozens who would like to engage in subversive performances that flout the norms of tax compliance, of non-discrimination, of decent treatment of one's fellow students. To such people we should say, you cannot simply resist as you please, for there are norms of fairness, decency, and dignity that entail that this is bad behavior. But then we have to articulate those norms--and this Butler refuses to do.
V.
What precisely does Butler offer when she counsels subversion? She tells us to engage in parodic performances, but she warns us that the dream of escaping altogether from the oppressive structures is just a dream: it is within the oppressive structures that we must find little spaces for resistance, and this resistance cannot hope to change the overall situation. And here lies a dangerous quietism.
If Butler means only to warn us against the dangers of fantasizing an idyllic world in which sex raises no serious problems, she is wise to do so. Yet frequently she goes much further. She suggests that the institutional structures that ensure the marginalization of lesbians and gay men in our society, and the continued inequality of women, will never be changed in a deep way; and so our best hope is to thumb our noses at them, and to find pockets of personal freedom within them. "Called by an injurious name, I come into social being, and because I have a certain inevitable attachment to my existence, because a certain narcissism takes hold of any term that confers existence, I am led to embrace the terms that injure me because they constitute me socially." In other words: I cannot escape the humiliating structures without ceasing to be, so the best I can do is mock, and use the language of subordination stingingly. In Butler, resistance is always imagined as personal, more or less private, involving no unironic, organized public action for legal or institutional change.
Isn't this like saying to a slave that the institution of slavery will never change, but you can find ways of mocking it and subverting it, finding your personal freedom within those acts of carefully limited defiance? Yet it is a fact that the institution of slavery can be changed, and was changed-- but not by people who took a Butler-like view of the possibilities. It was changed because people did not rest content with parodic performance: they demanded, and to some extent they got, social upheaval. It is also a fact that the institutional structures that shape women's lives have changed. The law of rape, still defective, has at least improved; the law of sexual harassment exists, where it did not exist before; marriage is no longer regarded as giving men monarchical control over women's bodies. These things were changed by feminists who would not take parodic performance as their answer, who thought that power, where bad, should, and would, yield before justice.
Butler not only eschews such a hope, she takes pleasure in its impossibility. She finds it exciting to contemplate the alleged immovability of power, and to envisage the ritual subversions of the slave who is convinced that she must remain such. She tells us--this is the central thesis of The Psychic Life of Power--that we all eroticize the power structures that oppress us, and can thus find sexual pleasure only within their confines. It seems to be for that reason that she prefers the sexy acts of parodic subversion to any lasting material or institutional change. Real change would so uproot our psyches that it would make sexual satisfaction impossible. Our libidos are the creation of the bad enslaving forces, and thus necessarily sadomasochistic in structure.
Well, parodic performance is not so bad when you are a powerful tenured academic in a liberal university. But here is where Butler's focus on the symbolic, her proud neglect of the material side of life, becomes a fatal blindness. For women who are hungry, illiterate, disenfranchised, beaten, raped, it is not sexy or liberating to reenact, however parodically, the conditions of hunger, illiteracy, disenfranchisement, beating, and rape. Such women prefer food, schools, votes, and the integrity of their bodies. I see no reason to believe that they long sadomasochistically for a return to the bad state. If some individuals cannot live without the sexiness of domination, that seems sad, but it is not really our business. But when a major theorist tells women in desperate conditions that life offers them only bondage, she purveys a cruel lie, and a lie that flatters evil by giving it much more power than it actually has....
...For Butler, the act of subversion is so riveting, so sexy, that it is a bad dream to think that the world will actually get better. What a bore equality is! No bondage, no delight. In this way, her pessimistic erotic anthropology offers support to an amoral anarchist politics.... (Nussbaum, "The Professor of Parody") *****
Well, Mistress Martha zeroes in on the S/M aesthetics of Butler's philosophy and gives it a good flogging that it deserves, doesn't she? It is indeed the question of pleasures that is at stake. While Mistress Martha rightly dominates Judy here, I'll have to say I don't think that her theory of virtues always holds up. Rights-based universalism can be an instrument of domination in a world defined by capitalism & imperialism. Her generally favorable references to MacKinnon and Dworkin in this article are especially problematic in this regard.
Yoshie