Gender Justice and the Law presents a collection of essays that examines how gender, as a category of identity, must continually be understood in relation to how structures of inequality define and shape its meaning. It asks how notions of "justice" shape gender identity and whether the legal justice system itself privileges notions of gender or is itself gendered. Shaped by politics and policy, Gender Justice essays contribute to understanding how theoretical practices of intersectionality relate to structures of inequality and relations formed as a result of their interaction. Given its theme, the collection's essays examine theoretical practices of intersectional identity at the nexus of "gender and justice" that might also relate to issues of sexuality, race, class, age, and ability.

This book seeks to understand how women judges are situated as legal knowers on the High Court of Australia by asking whether a near-equal gender balance on the High Court has disrupted the Court's historically masculinist gender regime. This book examines how the High Court's gender regime operates once there is more than one woman on the bench. It explores the following questions: How have the Court's gender relations accommodated the presence women on the bench? How have the women themselves accommodated those pre-existing gender relations? How might legal judgments and reasoning change as a result of changing gender dynamics on the bench? To develop answers to these (and other) questions the book pursues a methodology that conceptualises the High Court as an institution with a particular gender regime shaped historically by the dominant gender order of the wider society. The intersection between the (gendered) individuals and the (gendered) institution in which they operate produces and reproduces that institution's gender regime. Hence, the enquiry is not so much asking 'have women judges made a difference?' but rather is asking how should we understand women judges' relationship with the law, a relationship that is shaped as much by the individual judge as by the institutional context in which they operate. Scholars, legal practitioners and researchers interested in judicial reasoning, gender diversity and the legal profession, gender and politics will be interested in this book because it breaks new ground as a case study of a Court's gender regime at a particular time.

Transitional justice is the way societies that have experienced civil conflict or authoritarian rule and widespread violations of human rights deal with the experience. With its roots in law, transitional justice as an area of study crosses various fields in the social sciences. This book is written with this multi- and inter-disciplinary dynamic of the field in mind. The book presents the broad scope of transitional justice studies through a focus on the theory, mechanisms and debates in the area, covering such topics as: The origin, context and development of transitional justice Victims, victimology and transitional justice Prosecutions for abuses and gross violations of human rights Truth commissions Transitional justice and local justice Gender, political economy and transitional justice Apology, reconciliation and the politics of memory Offering a discussion of the impact and outcomes of transitional justice, this approach provides valuable insight for those who seek both an introduction alongside relatively advanced engagement with the subject. Transitional Justice: Theories, Mechanisms and Debates is an important text for postgraduate and advanced undergraduate students who take courses in transitional justice, human rights and criminal law, as well as a systematic reference text for researchers.

This book is a critical summary and exegesis of the work of Nicole Rafter, who was a leading scholar of the history of biological theories of crime causation as well as a profound theorist of the role of history within criminology. It introduces Rafter's key works and assesses her contributions to the fields of feminist criminology, cultural criminology, visual criminology and historical criminology. It also explores her theorization of criminology's identity, scientific status, and possible futures. While many books on criminological theory explain and historically contextualize theory, they do not interrogate the production of theory or the epistemological assumptions behind it. Drawing on the world of Nicole Rafter, this book offers an accessible handbook to her extensive historical studies and to how her work demonstrated the importance of historical theory to criminological knowledge. Furthermore, the author brings Rafter's historical research to life and shows how it speaks to contemporary issues in criminology and punishment. Written in a clear and direct style, this book will appeal to students and scholars of criminological theory, intellectual history, sociology, comparative criminology, and feminist criminology.

The Poverty of Privacy Rights makes a simple, controversial argument: Poor mothers in America have been deprived of the right to privacy. The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have "weak versions" of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers' experiences with the state-both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers' privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers' lack of privacy is not a function of their reliance on government assistance-rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.

In recent decades, laws and workplace policies have emerged that seek to address the "balance" between work and family. Millions of women in the U.S. take some time off when they give birth or adopt a child, making use of "family-friendly" laws and policies in order to spend time recuperating and to initiate a bond with their children. The Balance Gap traces the paths individual women take in understanding and invoking work/life balance laws and policies. Conducting in-depth interviews with women in two distinctive workplace settings-public universities and the U.S. military-Sarah Cote Hampson uncovers how women navigate the laws and the unspoken cultures of their institutions. Activists and policymakers hope that family-friendly law and policy changes will not only increase women's participation in the workplace, but also help women experience greater workplace equality. As Hampson shows, however, these policies and women's abilities to understand and utilize them have fallen short of fully alleviating the tensions that women across the nation are still grappling with as they try to reconcile their work and family responsibilities.

This edited collection provides a forum for rigorous analysis of the necessity for both legal and social change with regard to regulation of same-sex relationships and rainbow families, the status of civil partnership as a concept and the lived reality of equality for LGBTQ+ persons. Twenty-eight jurisdictions worldwide have now legalised same-sex marriage and many others some level of civil partnership. In contrast other jurisdictions refuse to recognise or even criminalise same-sex relationships. At a Council of Europe level, there is no requirement for contracting states to legalise same-sex marriage. Whilst the Court of Justice of the European Union now requires contracting states to recognise same-sex marriages for the purpose of free movement and residency rights, unlike the US Supreme Court, it does not require EU Member States to legalise same-sex marriage. Law and Sociology scholars from five key jurisdictions (England and Wales, Italy, Australia, Canada, and the Republic of Ireland) examine the role of the Council of Europe, European Union and further international regimes. A balanced approach between the competing views of critically analytical rights based theorists and queer and feminist theorists interrogates the current international consensus in this fast moving area. The incrementalist theory whilst offering a methodology for future advances continues to be critiqued. All contributions from differing perspectives expose that even for those jurisdictions who have legalised same-sex marriage, still further and continuous work needs to be done. The book will be of interest to students and scholars in the field of human rights, family and marriage law and gender studies.

This book analyses the gendered nature of patent law and the knowledge governance system it supports. The vast majority of patented inventions are attributed to male inventors. While this has resulted in arguments that there are not enough women working in science, technology, engineering and mathematics, this book maintains that the issue lies with the very nature of patent law and how it governs knowledge. The reason why fewer women patent than men is that patent law and the knowledge governance system it supports are gendered. This book deconstructs patent law to reveal the multiple gendered binaries it embodies, and how these in turn reflect gendered understandings of what constitutes science and an invention, and a scientist and an inventor. Revealing the inherent biases of the patent system, as well as its reliance on an idea of the public domain, the book argues that an egalitarian knowledge governance system must go beyond socialised binaries to better govern knowledge creation, dissemination and maintenance. This book will appeal to scholars and policymakers in the field of patent law, as well as those in law and other disciplines with interests in law, gender and technology.

1. This is the only book like it on the market. It has a multi-disciplinary market across criminology, sociology and gender studies, and can be used as key reading on courses on sex crime, gender and sexuality and the sociology of deviance 2. Features include international case studies and a glossary of key terms. 3. The new edition has been fully revised and updated to include up-to-the-minute crime data and literature updates, as well as further coverage of LGBTQ rights, expanded discussion of non-binary identities, and coverage of new studies on online dating, pornography and sexting.

* Brings comprehensive syntheses on emerging topics in pretrial justice (not just pretrial procedure) from international experts to a global audience of criminology and public policy scholars and advanced students * Showcases the work of leading criminologists on the earliest phases of the criminal legal system * Ideal for use in graduate-level courses in courts, corrections, and law enforcement

The Indian Constitution is the largest written constitution that guarantees equality to women and empowers the State to take affirmative actions in favour of women. India has adopted International conventions for protection of rights of women and granting them equality and ratified the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) in the year 1993. The National Policy for Women Empowerment was presented in 2001, the goal of that policy to bring about the advancement, development and empowerment of women and enable women to become financially independent. Currently, India is the only country where the economic gender gap is larger than the political gender gap. Women are required to understand their own potential and overcome social barriers. With constant support of the government, change in stereotype mindset and skill development in women, India will continue witnessing gradual increase in women entrepreneurship in future. The aim of this book is to show the latest state of knowledge on the topic of women entrepreneurship, the role of women in business and women empowerment in India. Many aspects relating to role of women in business, sustainable business development and aspects going beyond economic empowerment of women are discussed in addition to presenting legal and regulatory frameworks. This book will be of interest to researchers, academics, policymakers, and students in the fields of entrepreneurship, empowerment, gender studies, and law.

Genocidal Gender and Sexual Violence tackles an important and highly topical issue. The author examines how the experiences of victims of genocidal gender and sexual violence have been addressed on a theoretical and practical level. This study investigates the contribution of feminist legal theories in naming and addressing gender and sexual violence. It questions the legacy of the ICTR and Rwanda's domestic judicial initiatives from the perspective of the complex realities of victims' experiences. The research central focus is the question whether the genocidal character of gender and sexual violence in the case of Rwanda has been theorised and judged as such. The author's training for Inyangamugayo - gacaca judges - contributes to a wider understanding of the complexity of victims' experiences. This complex reality is further elaborated on and explored practically through an analysis of the legacy of post-genocide judicial mechanisms for Rwanda in naming and condemning genocidal gender and sexual violence.

Transitional justice is the way societies that have experienced civil conflict or authoritarian rule and widespread violations of human rights deal with the experience. With its roots in law, transitional justice as an area of study crosses various fields in the social sciences. This book is written with this multi- and inter-disciplinary dynamic of the field in mind. The book presents the broad scope of transitional justice studies through a focus on the theory, mechanisms and debates in the area, covering such topics as: The origin, context and development of transitional justice Victims, victimology and transitional justice Prosecutions for abuses and gross violations of human rights Truth commissions Transitional justice and local justice Gender, political economy and transitional justice Apology, reconciliation and the politics of memory Offering a discussion of the impact and outcomes of transitional justice, this approach provides valuable insight for those who seek both an introduction alongside relatively advanced engagement with the subject. Transitional Justice: Theories, Mechanisms and Debates is an important text for postgraduate and advanced undergraduate students who take courses in transitional justice, human rights and criminal law, as well as a systematic reference text for researchers.

The study of LGBTI matters in international relations, policy studies and human rights is a growing and dynamic field (or set of sub-fields). This book promises the first critical examination of an increasingly important global actor, which is situated between a variety of North-South dialogues and tensions. Contributes a new understanding of familiar material: existing scholarship on EU foreign policy in the human rights space. Offers a fresh interpretation of how we should understand the impact and consequences of the EU's approach to LGBTI rights dissemination.

This volume explores the difficulties that beset African women and inhibit them from excelling in many walks of life in the twenty-first century. Asymmetrical relations in society position women in subjugated and marginalized roles. This is caused by customary practices that have left women in vulnerable and subsidiary positions, as well as statutory provisions that fester this process. Despite its richness in raw materials and minerals, Africa remains slow to grow when compared to other continents. The economies of most African countries is severely anemic: corruption is rife, poor governance is systemic, and wars, conflicts, famine and diseases abound. Stalled economies disproportionately affects women; for example, as nurturers, women have the extra responsibility of taking care of children and members of the extended family. In times of want, women are more likely to give up the little they have so that their children and others may survive. This book shows the various social and legal obstacles that stall women's upward mobility and offers recommendations on how these issues can be resolved.

1. This is the only book like it on the market. It has a multi-disciplinary market across criminology, sociology and gender studies, and can be used as key reading on courses on sex crime, gender and sexuality and the sociology of deviance 2. Features include international case studies and a glossary of key terms. 3. The new edition has been fully revised and updated to include up-to-the-minute crime data and literature updates, as well as further coverage of LGBTQ rights, expanded discussion of non-binary identities, and coverage of new studies on online dating, pornography and sexting.

This book draws on the analytic and political dimensions of queer, alongside the analytic and political usefulness of emotion, to navigate legal interventions aimed at progressing the rights of LGBT people. Scholars, activists, lawyers, and judges concerned with eliminating violence and discrimination against LGBT people have generated passionate conversations about pursuing law reform to make LGBT injuries, intimacies, and identities visible, while some challenge the ways legal systems marginalise queer minorities. Senthorun Sunil Raj powerfully contributes to these ongoing conversations by using emotion as an analytic frame to reflect on the ways case law seeks to "progress" the intimacies and identities of LGBT people from positions of injury. This book catalogues a range of cases from Australia, the United States, and the United Kingdom to unpack how emotion shapes the decriminalisation of homosexuality, hate crime interventions, anti-discrimination measures, refugee protection, and marriage equality. While emotional enactments in pro-LGBT jurisprudence enable new forms of recognition and visibility, they can also work, paradoxically, to cover over queer intimacies and identities. Raj innovatively shows that reading jurisprudence through emotions can make space in law to affirm, rather than disavow, intimacies and identities that queer conventional ideas about "LGBT progress", without having to abandon legal pursuits to protect LGBT people. This book will be of interest to students and scholars of human rights law, gender and sexuality studies, and socio-legal theory.

This book provides a reimagining of how Western law and legal theory structures the human-earth relationship. As a complement to contemporary efforts to establish rights of nature and non-human legal personhood, this book focuses on the other subject in the human-earth relationship: the human. Critical ecological feminism exposes the dualistic nature of the ideal human legal subject as a key driver in the dynamic of instrumentalism that characterises the human-earth relationship in Western culture. This book draws on conceptual fields associated with the new sciences, including new materialism, posthuman critical theory and Big History, to demonstrate that the naturalised hierarchy of humans over nature in the Western social imaginary is anything but natural. It then sets about constructing a counternarrative. The proposed 'Cosmic Person' as alternative, non-dualised human legal subject forges a pathway for transforming the Western cultural understanding of the human-earth relationship from mastery and control to ideal co-habitation. Finally, the book details a case study, highlighting the practical application of the proposed reconceptualisation of the human legal subject to contemporary environmental issues. This original and important analysis of the legal status of the human in the Anthropocene will be of great interest to those working in legal theory, jurisprudence, environmental law and the environmental humanities; as well as those with relevant interests in gender studies, cultural studies, feminist theory, critical theory and philosophy.

Imaginative Resistance, Queer Fiction and the Law develops a novel account of how heteronormative sociolegal orders undermine the well-being of same-sex attracted people, even when these normative orders may fall short of coercively interfering with their choices. Queer well-being is generally studied from psychological perspectives, through the concept of 'minority stress.' Taking four texts of mid-century Anglo-American queer fiction as illustrative case studies, this book argues - in a philosophical rather than a psychological register - that heteronormativity also affects queer well-being in more intangible ways. The central claim is that heteronormativity shackles the imagination: it curtails no less the imaginative reach of authors of queer fiction, than our ability - engaged as we are in projects of self-authorship - to make-believe personal futures in which same-sex intimacy is brought to bear on our well-being. The book's central claim re-works a concept central to the philosophy of fiction - 'imaginative resistance' - and puts it into service of questions raised in moral philosophy. Apart from its political and normative implications - strengthening the case for at least some global gay rights - and from challenging some of queer theory's orthodoxies, the book also makes contributions to queer literary history, criticism and biography. Drawing on archival material and personal interviews, fresh readings are offered of Charles Jackson's The Fall of Valor (1946), Gillian Freeman's The Leather Boys (1961), and Patricia Highsmith's The Price of Salt (1952) and The Talented Mr Ripley (1955), making a case for their inclusion in the queer literary canon. Imaginative Resistance, Queer Fiction and the Law will appeal to students of literary criticism, queer sociolegal history, law & literature, the philosophy of fiction, and queer theory, politics and ethics.

Despite some significant advances in the creation and protection of rights affecting women's health, these do not always translate into actual health benefits for women. This collection asks: 'What is an effective law and what influences law's effectiveness or ineffectiveness? What dynamics, elements, and conditions come together to limit law's capacity to achieve instrumental goals for women's health and the advancement of women's health rights?' The book presents an integrated, co-referential and sustained critical discussion of the normative and constitutive reasons for law's limited effectiveness in the field of women's health. It offers comprehensive and cohesive explanatory accounts of law's limits and for the first time in the field, introduces a distinction between formal and substantive effectiveness of laws. Its approach is trans-systemic, multi-jurisdictional and comparative, with a focus on six countries in North America, Europe, Asia, and Africa and international human rights case law based on matters arising from Hungary, Portugal, Spain, Slovakia, the Czech Republic, Peru and Bolivia. The book will be a valuable resource for educators, students, lawyers, rights advocates and policymakers working in women's health, socio-legal studies, human rights, feminist legal studies, and legal philosophy more broadly.

This edited collection asks how key New Zealand judgments might read if they were written by a feminist judge. Feminist judging is an emerging critical legal approach that works within the confines of common law legal method to challenge the myth of judicial neutrality and illustrate how the personal experiences and perspectives of judges may influence the reasoning and outcome of their decisions. Uniquely, this book includes a set of cases employing an approach based on mana wahine, the use of Maori values that recognise the complex realities of Maori women's lives. Through these feminist and mana wahine judgments, it opens possibilities of more inclusive judicial decision making for the future. 'This project stops us in our tracks and asks us: how could things have been different? At key moments in our legal history, what difference would it have made if feminist judges had been at the tiller? By doing so, it raises a host of important questions. What does it take to be a feminist judge? Would we want our judges to be feminists and if so why? Is there a uniquely female perspective to judging?' Professor Claudia Geiringer, Faculty of Law, Victoria University of Wellington 'With this book, some of our leading jurists expose the biases and power structures that underpin legal rules and the interpretation of them. Some also give voice to mana wahine perspectives on and about the law that have become invisible over time, perpetuating the impacts of colonialism and patriarchy combined on Maori women. I hope this book will be a catalyst for our nation to better understand and then seek to ameliorate these impacts.' Dr Claire Charters, Associate Professor, Faculty of Law, University of Auckland 'The work is highly illuminating and is critical to the development of our legal system ... It is crucial, not only for legal education, so that students of the law open their minds to the different ways legal problems can be conceptualised and decided. It is also crucial if we are going to have a truly just legal system where all the different voices and perspectives are fairly heard.' Professor Mark Henaghan, Dean of the Faculty of Law, University of Otago 'I believe this project is particularly important, as few academics or researchers in New Zealand concentrate on judicial method. I am therefore hopeful that it will provoke thoughtful debate in a critical area for society.' The Honourable Justice Helen Winkelmann, New Zealand Court of Appeal

The law is a well-known tool in fighting gender inequality, but which laws actually advance women's rights? This book unpacks the complex nuances behind gender-responsive domestic legislation, from several of the world's leading experts on gender equality. Drawing on domestic examples and international law, it provides a primer of theory alongside tangible and practical solutions to fulfil the promise of the law to deliver equality between men and women. Part I outlines what progress has been made to date on eradicating gender inequality, and insights into the law's potential as one lever in the global struggle for equality. Parts II and III go on to explore concrete areas of law, with case studies from multiple jurisdictions that examine how well domestic legislation is working for women. The authors bring their critical lens to areas of law often considered from a gender perspective - gender-based violence, women's reproductive health, labour and gender equality quotas - while bringing much-needed analysis to issues often ignored in gender debates, such as taxation, environmental justice and good governance. Part IV seeks to move from a theoretical goal of greater accountability to a practical one. It explores both accountability for international women's rights norms at the domestic level and the potential of feminist approaches to legislation to deliver laws that work for women. Written for students, academics, legislators and policymakers engaged in international women's rights law, gender equality, government accountability and feminist legal theory, this book has tremendous transformative potential to drive forward legal change towards the eradication of gender inequality.

Supriya Singh tells the stories of 12 Anglo-Celtic and Indian women in Australia who survived economic abuse. She describes the lived experience of coercive control underlying economic abuse across cultures. Each story shows how the woman was trapped and lost her freedom because her husband denied her money, appropriated her assets and sabotaged her ability to be in paid work. These stories are about silence, shame and embarrassment that this could happen despite professional and graduate education. Some of the women were the main earners in their household. Women spoke of being afraid, of trying to leave, of losing their sense of self. Many suffered physical and mental ill-health, not knowing what would trigger the violence. Some attempted suicide. None of the women fully realised they were suffering family violence through economic abuse, whilst it was happening to them. The stories of Anglo-Celtic and Indian women show economic abuse is not associated with a specific system of money management and control. It is when the morality of money is betrayed that control becomes coercive. Money as a medium of care then becomes a medium of abuse. The women's stories demonstrate the importance of talking about money and relationships with future partners, across life stages and with their sons and daughters. The women saw this as an essential step for preventing and lessening economic abuse. A vital read for scholars of domestic abuse and family violence that will also be valuable for sociologists of money.

This book explores the largely neglected relationship between men, masculinities and honour-based abuse (HBA). There is a common misconception that HBA - whether physical violence, emotional abuse or so-called 'honour' killings - occurs only against women. This book addresses the gap in the current literature concerning the relationship between men, masculinities and HBA. With contributions from an international and interdisciplinary range of both academics and professionals, the book examines HBA and forced marriages specifically from male-victim perspectives, both in the UK and internationally. Providing a clear understanding of the main theoretical and sociological explanations of HBA against male victims, the book demonstrates that, although men are indeed the main perpetrators of HBA, state agencies must address the fact that many men are also victims. This book is essential reading for students, academics, and practitioners alike.

This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices. Chapters address a range of current arguments and issues, providing an enhanced theoretical framework and evolving understanding from a variety of feminist and queer perspectives. Relationship recognition debates and LGBT activism and scholarship are examined and discussed, as well as questions around bodily autonomy, kink identities, pornography and healthcare access rights. Research exploring the lived experiences of people facing challenges such as domestic violence, asylum, femicide and hate crime is also assessed. This Research Handbook will be an invaluable resource for researchers and students in the fields of law, sexuality and gender, as well as family studies, sociology, media and cultural studies, and medicine. Activists will also benefit from its scholarly insight into key policy debates and future strategy. Contributors include: L. Adler, C. Ashford, R. Auchmuty, A.A. Baboolal, R. Barberet, J. Cabrera, R. Collier, S. Cowan, T. Crofts, M. Duggan, P. Dunne, A. Dymock, S. Falcetta, D. Fenwick, H. Fenwick, S. Ferris, S. Gloppen, R. Harding, R. Hewer, A.C. Infanti, P. Johnson, M. Judge, U. Khan, C. Kitzinger, A. Kondakov, K. Lalor, T. Liu, A. Maine, C. McGlynn, M.F. Moscati, T. Mundy, A. Powell, L. Rakner, F. Renz, J.M. Scherpe, A. Schuster, S.M. Schuster, N. Seuffert, F. Simkiss, B. Simpson, D. Smythe, E. Tascioglu, F. Vera-Gray, M. Weait, S. Whittle, S. Wilkinson, G. Zago