In the first book-length treatment of the application of feminist theories of international law, Charlesworth and Chinkin argue that the absence of women in the development of international law has produced a narrow and inadequate jurisprudence that has legitimated the unequal position of women worldwide rather than confronting it. The boundaries of international law provides a feminist perspective on the structure, processes and substance of international law, shedding new light on treaty law, the concept of statehood and the right of self-determination, the role of international institutions and the law of human rights. Concluding with a consideration of whether the inclusion of women in the jurisdiction of international war crimes tribunals represents a significant shift in the boundaries of international law, the book encourages a dramatic rethinking of the discipline of international law. With a new introduction that reflects on the profound changes in international law since the book's first publication in 2000, this provocative volume is essential reading for scholars, practitioners and students alike. -- .

This book brings together literature, empirical research findings from two projects, and policy analysis to examine how some forces in England have adopted the approach of treating crimes against sex workers as hate crimes. This book identifies some of the benefits of the hate crime approach to crimes against sex workers, both operationally and for some of the victims of crime. The authors argue that the hate crime approach should not be seen as an alternative to decriminalisation of sex work but can provide a pathway to achieving more sensitive but robust policing of crimes against sex workers and support in accessing justice through the criminal justice system. They also examine the broader context of hate crime policy and scholarship as they debate the relevance, problems and merits of the sex work hate crime model. The book provides another dimension to current theoretical and policy debates about widening definitions and law around hate crime to include other groups beyond existing protected characteristics.

Among the many important tools feminist legal theorists have given scholars is that of anti-essentialism: all women are not created equal, and privilege varies greatly by circumstances,particularly that of race and class. Yet at the same time, feminist legal theory tends to view men through an essentialist lens, in which men are created equal. The study of masculinities, inspired by feminist theory to explore the construction of manhood and masculinity, questions the real circumstances of men, not in order to deny men's privilege but to explore in particular how privilege is constructed, and what price is paid for it. In this groundbreaking work, feminist legal theorist Nancy E. Dowd exhorts readers to apply the anti-essentialist model-so dominant in feminist jurisprudence-to the study of masculinities. She demonstrates how men's treatment by the law and society in general varies by race, economic position, sexuality, and other factors. She applies these insights to both boys and men, examining how masculinities analysis exposes both privilege and subordination. She examines men's experience of fatherhood and sexual abuse, and boys' experience in the contexts of education and juvenile justice. Ultimately, Dowd calls for a more inclusive feminist theory, which, by acknowledging the study of masculinities, can broaden our understanding of privilege and subordination.

This book examines diverse literary writings in Bangla related to crime in late nineteenth and early twentieth century colonial Bengal, with a timely focus on gender. It analyses crime-centred fiction and non-fiction in the region to see how actual or imagined crimes related to women were shaped and fashioned into images and narratives for contemporary genteel readers. The writings have been examined within a social-historical context where gender was a fiercely contested terrain for publicly fought debates on law, sexual relations, reform, and identity as moulded by culture, class, and caste. Both canonized literary writings (like those of Bankim Chatterji) as well as non-canonical, popular writings (of writers who have not received sufficient critical attention) are scrutinised in order to examine how criminal offences featuring women (as both victims and offenders) have been narrated in early manifestations of the genre of crime writing in Bangla. An empowered and thought-provoking study, this book will be of special interest to scholars of criminology and social justice, literature, and gender.

First published in 1983, Prejudice and Pride chronicles legal and social discrimination against gay people living in Britain in 1980s. The book alerts its readers to the ways in which gay men and women were treated in our society and how discrimination in each area can be tackled. The book speaks to us all, providing a blueprint for action through the 1980s. While things today might be better, the book is a reminder that the struggle for equal rights was and will continue to be long and cumbersome. The book acknowledges the action and support of the Campaign for Homosexual Equality and will be of interest to students of history, sociology, law, gender studies and sexuality studies.

Intimate Partner Violence is a serious social problem affecting millions in the United States and worldwide. The image of violence enacted by a male aggressor to a female victim dominates public perceptions of intimate partner violence (IPV). This volume examines how this heteronormativity influences reporting and responding to partner violence when those involved do not fit the stereotype of a typical victim of IPV. Research and theory have helped us to understand power dynamics about heterosexual IPV; this book encourages greater attention to the unique issues and power dynamics of IPV in sexual minority populations. Divided into five distinct sections, chapters address research and theories associated with IPV, examining the similarities and differences of IPV within heterosexual and gender minority relationships. Among the topics discussed: Research methodology and scope of the problem Primary prevention and intervention of IPV among sexual and gender minorities Barriers to help-seeking among various populations Promoting outreach and advocacy Criminal justice response to IPV With recommendations for intervention and prevention, criminal justice response and policy, Intimate Partner Violence and the LGBT+ Community: Understanding Power Dynamics will be of use to students, researchers, and practitioners of psychology, criminal justice, and public policy.

How the fear of malpractice affects mothers and reproductive choices Giving birth is a monumental event, not only in the personal life of the woman giving birth, but as a medical process and procedure. In The Business of Birth, Louise Marie Roth explores the process of giving birth, and the ways in which medicine and law interact to shape maternity care. Focusing on the United States, Roth explores how the law creates an environment where medical providers, malpractice attorneys, and others limit women's rights and choices during birth. She shows how a fear of liability risk often drives the decision-making process of medical providers, who prioritize hospital efficiency over patient safety, to the detriment of mothers themselves. Ultimately, Roth advocates for an approach that protects the reproductive rights of mothers. A comprehensive overview, The Business of Birth provides valuable insight into the impact of the law on mothers, medical providers, maternity care practices, and others in the United States.

This book offers an interdisciplinary perspective on femicide, using Israel as an illuminating case study, given its diverse communities and common-law-based legal system. Utilizing analytical alongside practical perspectives, the book offers a novel crimino-legal approach to femicide. In addition to its interdisciplinary novelty, the book presents originality in going beyond the more usual focus on the central victims and the common legal tools. Here, the authors extend the analysis to secondary victims of femicide and examine the applicability of second-tiered relevant legal tools, mostly tort law, as a means for gaining justice for the victims. This explorative journey culminates with the authors' definition of femicide as a quintessential "crime of distinct nature". In the context of current international pledges to better understand and consequently better fight femicide, this work allows readers to comprehend the phenomenon and the ways to abolish it. The book will be an invaluable resource for academics, researchers and policy makers working in the areas of criminal law, tort law, family law, criminology and gender studies, as well as for legal theorists and criminologists seeking integration of both disciplines.

A unique introduction to the constitutional arguments for and against the right to abortion In January 1973, the Supreme Court's opinion in Roe v. Wade struck down most of the country's abortion laws and held for the first time that the Constitution guarantees women the right to safe and legal abortions. Nearly five decades later, in 2022, the Court's 5-4 decision in Dobbs v. Jackson Women's Health Organization overturned Roe and eliminated the constitutional right, stunning the nation. Instead of finally resolving the constitutional issues, Dobbs managed to bring new attention to them while sparking a debate about the Supreme Court's legitimacy. Originally published in 2005, What Roe v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years' experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation-and the constitutional and political clashes that followed it-and explains the Dobbs decision and its aftermath.

THE SUNDAY TIMES BESTSELLER and a Times, Spectator and Observer Book of the Year 2021 'In the first decade of this century, it was unthinkable that a gender-critical book could even be published by a prominent publishing house, let alone become a bestseller.' Louise Perry, New Statesman 'Thank goodness for Helen Joyce.' Christina Patterson, Sunday Times 'Reasonable, methodical, sane, and utterly unintimidated by extremist orthodoxy, Trans is a riveting read.' Lionel Shriver 'A tour de force.' Evening Standard Biological sex is no longer accepted as a basic fact of life. It is forbidden to admit that female people sometimes need protection and privacy from male ones. In an analysis that is at once expert, sympathetic and urgent, Helen Joyce offers an antidote to the chaos and cancelling.

This book uniquely combines a critical examination of the extent and diversity of transphobic hate crime together with a consideration of the victims and offenders. Trans people are marginalised in society and already negotiate complex physical and emotional challenges in order to live authentically in accordance with their self-identified gender presentation. Transphobic hate crime has devastating consequences both for the victim and trans people more generally by reinforcing the female/male binary and punishing gender non-conformity. In this thought-provoking study Jamel examines the history, extent, nature, and victim-offender relationship regarding these crimes whilst also considering the obstacles which affect legislation and policy-making decisions in response to hate crimes against trans people. The concept of a single transgender community is also critiqued in this book by exploring the diversity of trans identities cross-culturally. This original and timely book provides students, academics and those developing an interest in the topic with an understanding of the complexities of transphobic hate crime within the wider context of gender studies and critical criminology.

This book provides a critical history of influential women in the United Nations and seeks to inspire empowerment with role models from bygone eras. The women whose voices this book presents helped shape UN conventions, declarations, and policies with relevance to the international human rights of women throughout the world today. From the founding of the UN up until the Latin American feminist movements that pushed for gender equality in the UN Charter, and the Security Council Resolutions on the role of women in peace and conflict, the volume reflects on how women delegates from different parts of the world have negotiated and disagreed on human rights issues related to gender within the UN throughout time. In doing so it sheds new light on how these hidden historical narratives enrich theoretical studies in international relations and global agency today. In view of contemporary feminist and postmodern critiques of the origin of human rights, uncovering women's history of the United Nations from both Southern and Western perspectives allows us to consider questions of feminism and agency in international relations afresh. With contributions from leading scholars and practitioners of law, diplomacy, history, and development studies, and brought together by a theoretical commentary by the Editors, Women and the UN will appeal to anyone whose research covers human rights, gender equality, international development, or the history of civil society. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003036708, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

The volume offers an overview of the theories and practices of Italian legal feminism, presenting both the main themes addressed and the main protagonists of Italian feminist legal theory. The book is divided into two parts. The first is dedicated to deepening crucial issues that directly concern women's knowledge and lives from a feminist perspective, such as the interconnection between law, rights and justice; diversity, difference and equality; sex, sexuality and reproduction; citizenship and borders; deviance, criminal matters and security; and victims, victimology, and vulnerability. Each set of thematic issues is analysed by a current Italian feminist legal scholar, who engages with multiple feminist voices in order to emphasise the need for an interdisciplinary approach to law from a feminist perspective. The second part of the book is devoted to outlining the paths of study, research and practice of specific and renowned Italian legal scholars who have provided the foundation for legal feminism in Italy: Letizia Gianformaggio, Tamar Pitch, Silvia Niccolai, and Lia Cigarini. The book thereby offers, for the first time, a comprehensive account of the traditions and trajectories of Italian legal feminism, thus opening up a dialogue with other feminist approaches to law and justice. The book will appeal to scholars in legal theory, critical and sociolegal studies, sociology, gender studies, and critical criminology.

This book addresses a gap in both contemporary theorising and empirical analysis of the European Union's (EU) law and policy frameworks on migration, sex work and anti trafficking. Drawing on the authors' previous research on these policies and with their practical experience of engaging with various EU institutions in law and policy-making fora around gender, equality and justice, the work examines the processes involved in constructing and enacting policy frameworks and legal interventions on these issues, within a feminist analytical framework. The authors map how EU agenda-setting operates, and detail the roles that various EU institutions, external groups and actors, including non-governmental organisations, play in promoting or blocking policy on these three issues. The book draws on feminist theorising on gender, policy-making and social justice to develop a general theoretical framework to help us understand how and why a consensus has seemingly been achieved at EU level on what constitutes gender equality in these three policy areas. The book presents a valuable resource for academics, researchers and policy makers in Law, Migration, EU policy making and Gender Studies.

This book examines the use and impact of Australian Indigenous sentencing courts in response to Indigenous partner violence. In operation in Australia since 1999, these courts were first established by a magistrate in South Australia who sought to improve court communication and understanding, and trust in the criminal justice system for Indigenous people. Indigenous Courts, Culture and Partner Violence is the first book to consider how the transformation of a sentencing process into one that better reflects Indigenous cultural values can improve outcomes for both victims and offenders of Indigenous partner violence. It asks which aspects of the sentencing process are most important in influencing a change in attitude and behaviour of Indigenous offenders who repeatedly engage in abusive behaviour towards their partner, and what types of justice process better meets the relationship, rehabilitative and safety needs of Indigenous partner violence offenders and their victims? Marchetti examines the adaptation of a formal sentencing process to make it more culturally meaningful when responding to Indigenous partner violence, and gauges victim and offender views about how the court process has affected their lives and relationships, and elicits their views of violence within their communities. This innovative work will be of great interest to academics, researchers, policy makers, police, lawyers, family violence service providers and students.

Jurisprudential meditation and methodological performance on how feminist and legal thought come into relation. Experiments with genre, style, and form to historicise the relationship of a feminist jurisprudent to her own sources, methods, and interlocutors. The book will be a useful resource for scholars and students of law and humanities, feminism, and history.

Shame, Gender Violence and Ethics: Terrors of Injustice draws from contemporary, concrete atrocities against women and marginalized communties to re-conceptualize moral shame and to set moral shame apart from dimensions of subordination, humiliation, and disgrace. The inter-disciplinary collection starts with a contribution from a a Yazidi-survivor of genocidal and sexual violence, whose case brings together core themes: gender, ethnic and religious identity, and violence and shame. Further accounts of shame and gendered violence in this collection take the reader to other and equally disturbing accounts of lesser- known atrocities from around the. Although shame is sometimes posited as an innevitable companion to human life, editors Lenart Skof and She M. Hawke situate the discussion in the theoretical landscape of shame, and the contributors challenge this concept through fields as diverse as law, journalism, activism, philosophy, theology, ecofeminism, and gender and cultural studies. Their discussion of gendered shame makes room for it to be both a negative and a redemptive concept. Combining junior and senior scholarship, this collection examines power relations in the cycle of shame and violence.

By means of a historical, legal and scientific approach, this book identifies the issues, progress and setbacks in the right for women to access abortion in various countries of the Global North. The book provides insights on the past, present and potential actions and struggles in the future about continuing to have the right to procure an abortion. Rites and rituals in order to better understand the practices of Asian countries, such as China, Japan and Taiwan, permeate discussions and debates. The volume presents the repercussions of the Covid-19 pandemic on access to abortion healthcare services and abortion, and the innovative initiatives and schemes designed and implemented. The latter encourages health professionals and decision-makers to reflect on the 'good practices' and retain and develop over the long term. This edited collection is intended for academics and students across the social sciences and healthcare sector, members of the legal profession, healthcare professionals, activists, policy-makers, and any stakeholders working for and caring about women's reproductive rights and abortion rights.

Interdisciplinary analysis of challenges and progress experienced by the LGBT community since the Stonewall riots. Brings together experts from politics, sociology, law, education, language, medicine and religion. Will be of interest to students and scholars exploring LGBT matters.

It contributes to the field of posthumanism through its application of posthuman feminism to international law Interdisciplinary approach. Will appeal to students and scholars with interests in legal, feminist, and posthuman theory, as well as those concerned with the contemporary challenges faced by international law.

This book considers whether coercive control (particularly non-physical forms of family violence) should be prohibited by the criminal law. Based on the premise that traditional understandings of family violence are severely limited, it considers whether the core of family violence is power-based controlling or coercive behavior: attempts by men to psychologically dominate their partners. Such behavior can cause significant psychological, physical and economic harms to victims and is increasingly recognized as a form of human rights abuse. The book considers the new offences that have been introduced in England and Wales (controlling or coercive behavior), Ireland (controlling behavior) and Scotland (domestic abuse). It invites consideration of three key questions: Do conventional criminal laws adequately regulate non-physical abuse? Is the criminal law an appropriate mechanism for responding to the coercive control of family members? And if a new and distinctive offence is warranted, what is the optimal form of that offence? This ground-breaking work is essential reading for researchers and practitioners interested in coercive control and the proper role of the criminal law as a mechanism for regulating family violence.

Drawing on original empirical research from Singapore and Hong Kong, Gendered Labour, Everyday Security and Migration interrogates women migrant domestic workers' experiences of work and workplace exploitation. It examines the ways in which these women negotiate everyday security and safe work against the backdrop of affective employment relations and institutional structures of labour and migration law. It challenges the current emphasis on the language of exploitation and legal approaches to identifying, understanding and rectifying poor employment conditions for women migrant domestic workers. This book addresses the limited research literature that examines the extent to which regulatory or criminal justice responses are relevant to, and utilised by, women migrant domestic workers in their everyday negotiation of safe work and offers a unique contribution to the field. An accessible and compelling read, it will be of interest to researchers from across the fields of criminology, sociology, labour migration studies and women's studies.

It is unique in that it is designed and intended to be used to facilitate discussion and to disseminate awareness within real life settings - for example, in a staff room for Inset Days, or for social workers in their team meetings. This workbook has been written for anyone to be able to facilitate a session with colleagues, which takes between 1-3 hours depending on the facilitator and group's needs. The introduction details how to use the book and how to facilitate a training session using the material, including being aware of how people could be triggered by looking at this difficult subject. Will be of interest to all professionals who have a mandatory responsibility to report FGM cases such as qualified teachers, social workers, and health care professionals (nurses, midwives and health visitors particularly).

This book considers the rapidly evolving, both legally and socially, nature of image-based abuse, for both minors and adults. Drawing mainly from UK data, legislation and case studies, it presents a thesis that the law is, at best, struggling to keep up with some fundamental issues around image based abuse, such as the sexual nature of the crimes and the long term impact on victims, and at worst, in the case of supporting minors, not fit for purpose. It shows, through empirical and legislative analysis, that the dearth of education around this topic, coupled with cultural norms, creates a victim blaming culture that extends into adulthood. It proposes both legislative developments and need for wider stakeholder engagement to understand and support victims, and the impact the non-consensual sharing of intimate images can have on their long-term mental health and life in general. The book is of interest to scholar of law, criminology, sociology, police and socio-technical studies, and is also to those who practice law, law enforcement or wider social care role in both child and adult safeguarding.

Explores the relationship between sexuality and politics in Britain's recent political past. Includes four case studies to illustrate the arguments made. Important contribution to the understandings of sexuality, identity and inequalities, as well as of crisis and neoliberalism.