Legal fictions and bodily realities: privacy, personhood, and the fall of <i>Roe v. Wade</i>

This essay reframes the conventional narrative of Roe v. Wade as feminist triumph and Dobbs v. Jackson as its reversal. Drawing on Elizabeth Bell's extension of Victor Turner's social drama model, I position Roe and Dobbs as intensifying performances of patriarchal redress. Roe's feminist progress rested on a constitutional compromise rooted in an exclusionary privacy doctrine. Those rights were secured, and simultaneously rendered vulnerable, from the outset. Bringing performance studies’ attention to embodiment, power, crisis, and redress into conversation with constitutional law, the essay exposes the limits of liberal privacy jurisprudence and the ongoing precarity of reproductive and queer rights.

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Publication Details

Journal
Text and Performance Quarterly
Published
2026-07-30
DOI
https://doi.org/10.1080/10462937.2026.2705232
Primary Topic
Law, Rights, and Freedoms
Type
article
Field-Weighted Citation Impact
0.00
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article

Legal fictions and bodily realities: privacy, personhood, and the fall of Roe v. Wade

Diana Woodhouse
Text and Performance Quarterly
Law, Rights, and Freedoms
article

Legal fictions and bodily realities: privacy, personhood, and the fall of Roe v. Wade

Diana Woodhouse
article en

Abstract

This essay reframes the conventional narrative of Roe v. Wade as feminist triumph and Dobbs v. Jackson as its reversal. Drawing on Elizabeth Bell's extension of Victor Turner's social drama model, I position Roe and Dobbs as intensifying performances of patriarchal redress. Roe's feminist progress rested on a constitutional compromise rooted in an exclusionary privacy doctrine. Those rights were secured, and simultaneously rendered vulnerable, from the outset. Bringing performance studies’ attention to embodiment, power, crisis, and redress into conversation with constitutional law, the essay exposes the limits of liberal privacy jurisprudence and the ongoing precarity of reproductive and queer rights.

Text and Performance Quarterly
College of Southern Nevada (US)
Peace, Justice and strong institutions
Openalex Percentile: Top 4%
Law, Rights, and Freedoms
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