Land Law: Themes and Perspectives provides a collection of specially commissioned essays for students studying land law at undergraduate level. The book brings together leading authors, as well as some younger scholars, and explores land law from a variety of traditions within legal scholarship. The book contains chapters on topics essential to all land law courses, and seeks to question the boundaries of the discipline and to engage with wider debates about the role of land in society. The five parts of the book address separate themes within land law. The first part explores what is meant by 'property in land'. Part two sets land law in a historical perspective, from romanist ideas on land through to recent land law reforms. Part three explores the connections between land law and citizenship, with chapters on women's claims to property, adverse possession, mortgages, homelessness, indigenous peoples in Australia, and post-apartheid laws in South Africa. Part four discusses a range of policy issues from the family home to the increasing 'europeanization of land law'. The final part of the book explores land law from a more traditional, doctrinal perspective, opening with a chapter setting out the five keys to an understanding of land law. It will be invaluable reading for all undergraduate students of land law as well as postgraduate students and researchers working in the area.

This book brings together leading legal scholars and practitioners from across the Asia-Pacific region to probe the ways in which trusts law has been adapted by various jurisdictions, and to analyse their causes and effects. The contributions discuss how the trust structure, with its inherent malleability, has been adapted to meet a diverse set of local needs, including social, religious, economic, commercial, or even historical needs. But in most instances, those needs - and the ways in which trusts law has been adapted to meet them - are not unique to a single jurisdiction: they often (coincidentally or otherwise) find much in common with others. By making its readers aware of the commonality of needs in Asia- Pacific, this book also aims to encourage coordination and cooperation in utilising trusts law to address shared concerns across the region.

This book explores femicide, and scrutinizes the three key American criminal doctrines usually applied in its cases: provocation; the felony murder rule; self-defence. The book also explores the influence of the American Model Penal Code, and proposes, connected to the various criminal doctrines applicable to femicide, a focused and detailed amendment to the Code containing unique features and a formula providing a socio-legal response to issues that the author believes have not yet been adequately addressed. Though primarily focused on femicide in America, the issues discussed are of global relevance due to the tragically widespread nature of femicide, and the book also makes significant contributions to the legal discourse of many other countries with similar legal structures.

Black Girlhood, Punishment, and Resistance: Reimagining Justice for Black Girls in Virginia provides a historical comprehensive examination of racialized, classed, and gendered punishment of Black girls in Virginia during the early twentieth century. It looks at the ways in which the court system punished Black girls based upon societal accepted norms of punishment, hinged on a notion that they were to be viewed and treated as adults within the criminal legal system. Further, the book explores the role of Black Club women and girls as agents of resistance against injustice by shaping a social justice framework and praxis for Black girls and by examining the establishment of the Virginia Industrial School for Colored Girls. This school was established by the Virginia State Federation of Colored Women's Clubs and its first President, Janie Porter Barrett. This book advances contemporary criminological understanding of punishment by locating the historical origins of an environment normalizing unequal justice. It draws from a specific focus on Janie Porter Barrett and the Virginia Industrial School for Colored Girls; a groundbreaking court case of the first female to be executed in Virginia; historical newspapers; and Black Women's Club archives to highlight the complexities of Black girls' experiences within the criminal justice system and spaces created to promote social justice for these girls. The historical approach unearths the justice system's role in crafting the pervasive devaluation of Black girlhood through racialized, gendered, and economic-based punishment. Second, it offers insight into the ways in which, historically, Black women have contributed to what the book conceptualizes as "resistance criminology," offering policy implications for transformative social and legal justice for Black girls and girls of color impacted by violence and punishment. Finally, it offers a lens to explore Black girl resistance strategies, through the lens of the Black Girlhood Justice framework. Black Girlhood, Punishment, and Resistance uses a historical intersectionality framework to provide a comprehensive overview of cultural, socioeconomic, and legal infrastructures as they relate to the punishment of Black girls. The research illustrates how the presumption of guilt of Black people shaped the ways that punishment and the creation of deviant Black female identities were legally sanctioned. It is essential reading for academics and students researching and studying crime, criminal justice, theoretical criminology, women's studies, Black girlhood studies, history, gender, race, and socioeconomic class. It is also intended for social justice organizations, community leaders, and activists engaged in promoting social and legal justice for the youth.

This book aims to demonstrate that legal complaints form the background for making business decisions and in the text legal principles are grouped according to their relevance to business.

A sequel to Bauer and Dawuni's pioneering study on gender and the judiciary in Africa (Routledge, 2016), International Courts and the African Woman Judge examines questions on gender diversity, representative benches, and international courts by focusing on women judges from the continent of Africa. Drawing from postcolonial feminism, feminist institutionalism, feminist legal theory, and legal narratives, this book provides fresh and detailed narratives of seven women judges that challenge existing discourse on gender diversity in international courts. It answers important questions about how the politics of judicial appointments, gender, geographic location, class, and professional capital combine to shape the lives of women judges who sit on international courts and argues the need to disaggregate gender diversity with a view to understanding intra-group differences. International Courts and the African Woman Judge will be of interest to a variety of audiences including governments, policy makers, civil society organizations, students of gender studies, and feminist activists interested in all questions of gender and judging.

This ground-breaking collection reflects the growing momentum of interest in the international legal community in meshing the insights of queer legal theory with those critical theories that have a much longer genealogy - notably postcolonial and feminist analyses. Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations. The contributors to the book use queer legal theory to critically analyse the basic tenets and operations of international law, with many surprising, thought-provoking and instructive results. The volume will be of interest to many scholars, students and researchers in international law, international relations, cultural studies, gender studies, queer studies and postcolonial studies.

Cosmopolitanism and the Development of the International Criminal Court analyzes a set of prominent and competing discourses that emerged in the context of the development and establishment of the International Criminal Court (ICC). The ICC is the first permanent juridical body designed to prosecute individuals who commit offences including war crimes, crimes against humanity, and genocide. Drawing on scholarship on public memory and human rights, the book argues that international law and the international human rights system play a key role for the development of transnational memory discourses and transnational or cosmopolitan subjectivities. Despite the International Criminal Court being recognized as a landmark development in global cooperation, an examination of key events in the development of the court shows how some state and nonstate actors advance calls for cosmopolitanism while others resist cosmopolitanism to bolster nation-state sovereignty. Drawing on the establishment of the International Criminal Court as a case study, the book examines several events that continue to shape national and international public discourse. The book examines debates that occurred during the drafting process of the international treaty at the United Nations and that led to the groundbreaking inclusion of provisions on gender and sexual violence in the Rome Statute of the ICC in 1998. The analysis discusses the tension between feminist advocates' rhetoric and the discourse of anti-women's rights actors involved in the treaty-making process who resisted such inclusions in international criminal law. The book analyzes other key events related to the establishment of the ICC that invoke tensions between competing demands of cosmopolitanism and national sovereignty, including advocacy campaigns by nongovernmental organizations working to drum up public support of the institution of the International Criminal Court and the debates surrounding the unprecedented act of the United States "unsigning" an international treaty. In sum, this examination of the rhetoric of state and nonstate actors attempting to shape the court according to their visions of global community shows how discourses about international criminal law and human rights are employed not only to advance cosmopolitanism but also to strengthen nationalist discourses.

Konstantinos Kapparis challenges the traditional view that free women, citizen and metic, were excluded from the Athenian legal system. Looking at existing fragmentary evidence largely from speeches, Kapparis reveals that it unambiguously suggests that free women were far from invisible in the legal system and the life of the polis. In the first part of the book Kapparis discusses the actual cases which included women as litigants, and the second part interprets these cases against the legal, social, economic and cultural background of classical Athens. In doing so he explores how factors such as gender, religion, women's empowerment and the rise of the Attic hetaira as a cultural icon intersected with these cases and ultimately influenced the construction of the speeches.

Gender and the Law provides an ideal introduction to gender and feminist theory for students. Beginning with an overview of traditional notions of gender, the book establishes the key feminist and queer legal theories. It provides a basic structure and overview upon which students can build their understanding of some of the complex and controversial topics and debates around gender. Structured thematically, the book explores many fascinating and controversial legal issues, including issues of transgender rights; equal pay and equality in the workplace; societal changes and challenges within the regulation of personal relationships; the law surrounding consent and sexual offences; the role of gender norms in the criminal courts; legal regulation of prostitution and pornography; and the ways in which the law has responded to societal changes surrounding reproduction. With 'thinking points' and 'further reading' suggestions within each chapter, the authors encourage an engagement with critique and theory in order to understand this dynamic and challenging field.

* Offers an international and intersectional view of interpersonal violence and responses to it * Suitable for a wide range of scholars and students in the disciplines of criminal justice, law, human rights, social justice, social work, nursing, criminology, sociology, nursing, medicine, and political or public affairs * Devotes special attention to developing countries where there is lack of a consistent legal definition of domestic violence and where violence against women is widely considered as a private matter

Despite recent reforms to the Turkish Penal Code, the country retains a high level of honour-based violence. This book analyses the motives behind honour-based violence in Turkey and examines the criminal justice system's approach to this type of crime. The work takes a socio-legal approach to explore the concepts of honour, patriarchy, and hierarchy, along with the roles of culture and tradition. It also examines how the legal system deals with this phenomenon, focusing on the decisions of the criminal courts in honour killing cases and drawing on prisoner interviews. These analyses show the extent to which the State follows a patriarchal approach when dealing with honour killings and inform recommendations for improving the legal and criminal justice system so as to deter crimes of this nature.

Quotas for women in government have swept the globe. Yet we know little about their capacity to upend entrenched social, political, and economic hierarchies. Women, Power, and Property explores this question within the context of India, the world's largest democracy. Brule employs a research design that maximizes causal inference alongside extensive field research to explain the relationship between political representation, backlash, and economic empowerment. Her findings show that women in government - gatekeepers - catalyze access to fundamental economic rights to property. Women in politics have the power to support constituent rights at critical junctures, such as marriage negotiations, when they can strike integrative solutions to intrahousehold bargaining. Yet there is a paradox: quotas are essential for enforcement of rights, but they generate backlash against women who gain rights without bargaining leverage. In this groundbreaking study, Brule shows how well-designed quotas can operate as a crucial tool to foster equality and benefit the women they are meant to empower.

'Everyone should read Down Girl. It should be distributed in schools and every board room, athletic department and legislative space' - Soraya Chemaly A transformative book on how misogyny works from a hugely influential thinker Misogyny is a hot topic, yet it's often misunderstood. What is misogyny exactly? Who deserves to be called a misogynist? How does misogyny contrast with sexism, and why is it prone to persist - or increase - even when sexist gender roles are waning? In Down Girl moral philosopher Kate Manne argues that misogyny should not be understood primarily in terms of the hatred or hostility some men feel toward all or most women. Rather, it is primarily about controlling, policing, punishing and exiling the "bad" women who challenge male dominance. And it is compatible with rewarding "the good ones" and singling out other women to serve as warnings to those who are out of order. An incredibly forensic analysis of the logic of misogyny from a brilliant thinker, Down Girl is essential reading for the #MeToo era.

This book presents a feminist historical materialist analysis of the ways in which the law, policing and penal regimes have overlapped with social policies to coercively discipline the poor and marginalized sectors of the population throughout the history of capitalism. Roberts argues that capitalism has always been underpinned by the use of state power to discursively construct and materially manage those sectors of the population who are most resistant to and marginalized by the instantiation and deepening of capitalism. The book reveals that the law, along with social welfare regimes, have operated in ways that are highly gendered, as gender - along with race - has been a key axis along which difference has been constructed and regulated. It offers an important theoretical and empirical contribution that disrupts the tendency for mainstream and critical work within IPE to view capitalism primarily as an economic relation. Roberts also provides a feminist critique of the failure of mainstream and critical scholars to analyse the gendered nature of capitalist social relations of production and social reproduction. Exploring a range of issues related to the nature of the capitalist state, the creation and protection of private property, the governance of poverty, the structural compulsions underpinning waged work and the place of women in paid and unpaid labour, this book is of great use to students and scholars of IPE, gender studies, social work, law, sociology, criminology, global development studies, political science and history.

Too much attention is paid to the absence of women leaders around the world rather than their presence, leaving a gap in our understanding of the difference women leaders make on the lives of fellow women. The Woman President presents a unique comparative study of women's leadership and the law, offering new ways for understanding the impact of female presidential leadership on women's everyday lives by analysing the legal legacies of four women presidents: Corazon Aquino (1986-1992), Gloria Macapagal Arroyo (2001-2010), Megawati Sukarnoputri (2001-2004), and Chandrika Bandaranaike Kumaratunga (1994-2005). It uses a new and innovative methodology, the Gender Legislative Index, to score laws enacted during these four tenures from a women's rights perspective. The findings challenge and expand our understanding of what constitutes a woman's issue, bringing within its gendered analysis labour law reform, democracy, anti-corruption, poverty-alleviation, and pro-peace interventions, alongside more oft-considered terrain such as gender-based violence, reproductive rights, gender equality quotas, and women's rights at work. This book also offers important insights into the institutional and social mechanisms that enable women leaders to lead for women, including women's movements and global networks of women presidents and prime ministers. The words of women leaders themselves-both from personal interviews and speeches-bring depth to the assessments and conclusions drawn. The Woman President offers new tools and sharpens old ones to provide an essential comparative contribution to our knowledge about the dynamics and impact of female presidencies, drawing from the realities of the Asia region.

This volume examines the role of law as a tool for advancing women's rights and gender equity in local, national, and global contexts. Many feminist scholars note a marked failure of law to achieve goals connected to women's rights and gender equality. Despite its limitations, law provides aspirational norms that can be mobilized to hold institutions accountable and to provide material benefit to those excluded from systems of power. In conversation with each other, the chapters in this volume help to advance understanding of both the limitations and the potential of law as a tool for advancing democratic participation, rights, and justice around issues related to gender and sexuality. Contributors acknowledge, to varying degrees, that law has important symbolism and may be used as a lever to mobilize change. At the same time, some offer cautionary notes about the potential downside risks and unintended consequences of relying upon law in pursuit of women's rights and gender equity. Collectively, the chapters in this volume explore the disjuncture between the promise and expectation of legal reform and the lived experience of those laws by people intended as the beneficiaries of legal change. This book was originally published as a special issue of Global Discourse.

This book addresses the specific position of domestic workers in the context of evolving human rights norms.

Human rights law has somewhat belatedly begun to address the structured inequalities and exclusions that define the domain of domestic work. The continuum of exploitation that has historically defined the everyday of domestic work - exclusion from employment and social security standards and precarious migration status have frequently been neglected. However, as in other areas of international law, it is primarily the moments of crisis, incidents of human trafficking, slavery or forced labour, that have captured the attention of human rights law.

Drawing upon a broad range of case studies, "Care, Migration and Human Rights" presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the CJEU and the European Court of Human Rights on primary care providers, as well as the effect that trends in migration law have on migrant domestic workers. In addition to the question of how migration status impacts upon the effective realisation of rights, the editors also explore wider problems such as the continuing gendered division of labour and the absence of state or societal supports.

This volume will be of interest to lawyers, academics and policy makers in the fields of human rights, migration, and gender studies."

In 1991, Anita Hill's testimony during Clarence Thomas's Senate confirmation hearing brought the problem of sexual harassment to a public audience. Although widely believed by women, Hill was defamed by conservatives and Thomas was confirmed to the Supreme Court. The tainting of Hill and her testimony is part of a larger social history in which women find themselves caught up in a system that refuses to believe what they say. Hill's experience shows how a tainted witness is not who someone is, but what someone can become. Why are women so often considered unreliable witnesses to their own experiences? How are women discredited in legal courts and in courts of public opinion? Why is women's testimony so often mired in controversies fueled by histories of slavery and colonialism? How do new feminist witnesses enter testimonial networks and disrupt doubt? Tainted Witness examines how gender, race, and doubt stick to women witnesses as their testimony circulates in search of an adequate witness. Judgment falls unequally upon women who bear witness, as well-known conflicts about testimonial authority in the late twentieth and early twenty-first centuries reveal. Women's testimonial accounts demonstrate both the symbolic potency of women's bodies and speech in the public sphere and the relative lack of institutional security and control to which they can lay claim. Each testimonial act follows in the wake of a long and invidious association of race and gender with lying that can be found to this day within legal courts and everyday practices of judgment, defining these locations as willfully unknowing and hostile to complex accounts of harm. Bringing together feminist, literary, and legal frameworks, Leigh Gilmore provides provocative readings of what happens when women's testimony is discredited. She demonstrates how testimony crosses jurisdictions, publics, and the unsteady line between truth and fiction in search of justice.

This book identifies, analyses and discusses the nexus of legal issues that have emerged in recent years around sexuality and gender. It audits these against specific human rights requirements and evaluates the outcomes as evidenced in the legislation and caselaw of six leading common law jurisdictions. Beginning with a snapshot of the legal definitions and sanctions associated with the traditional marital family unit, the book examines the subsequently evolving key concepts and constructs before outlining the contemporary international framework of human rights as it relates to matters of sexuality and gender. It proceeds by identifying a set of themes, including the rights to identity, to form a family, to privacy, to equality and to non-discrimination, and undertakes a comparative evaluation of how these and other themes indicate areas of commonality and difference in the approaches adopted in those common law jurisdictions, as illustrated by the associated legislation and caselaw. It then considers why this should be and assesses the implications.

Risk and Negligence in Wills, Estates, and Trusts provides essential guidance for all will draftsmen. It offers in-depth analysis of negligence and wills, together with commentary on safe practice and the avoidance of risk. Together the areas covered provide a framework for the safe practice that is now essential in this much disputed area of work. This updated edition examines the new developments in will preparation and what is needed for safe practice as well as the important cases since the last edition. This work contains indispensable practical guidance, tailored to meet the demands of all those involved in wills, trusts, and estates and disputes relating to them. Practical advice in establishing best practice to avoid disputes is given and the appendices include practical forms and checklists to assist this. In addition there is analysis of the allied subjects of estate and trust administration and commonly encountered problem areas. A section also concentrates on duties in relation to taxation aspects of this work. Negligence and private client work is a fast developing area of modern law. The recent financial crisis has helped to focus attention closely on what risk is and how it should be managed. This has not merely been in the financial sector but in all areas of business. The legal profession has seen some major financial failures and an operating climate that is increasingly difficult. The rise in PI claims, the insurers' restrictions on cover, and the increased cost of cover have led to an increased focus on professional ability and risk management. Therefore, knowledge of the risks, what constitutes safe practice, and how to manage risk, are essential for anyone practising in this area.

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.

In 1845 women entered the career of policing, and ever since it's been an evolving history for them. There are countless stories of women shaping this career, adding particular gifts and abilities to the profession. There are, also, countless stories of their struggles to fit in and survive in this "all-boys club." Thriving in an All Boys Club: Female Police and Their Fight for Equality examines one of the most debated issues surrounding female police officers - their ability to find acceptance in the male subculture. Through the stories of women who joined policing in the 1980s, 1990s and 2000s, readers learn that women's acceptance in policing is complex and officer's experiences are wide-ranging. Stories of resistance and harassment by colleagues, the glass ceiling in promotion, and gender specific obstacles related to pregnancy and childcare are common. Their stories show a strong sense of determination and perseverance to perform the duties of police officer. The potential for enduring change in the field of policing is growing as women continue to make strides in achieving high ranks, breaking down assignments barriers, and ensuring just opportunities for future generations of female police officers. Despite the struggles that women face to survive in the "all-boys club" of policing, women not only survive, most thrive in this almost exclusively male occupation.

This book presents a collection of studies by top scholars on leading cases from twelve different jurisdictions defining the legal status of unborn human life. The cases under study pertain to three distinctive cultural and constitutional systems: Latin American Constitutional Courts and the Inter-American Court of Human Rights, European Constitutional Courts and the European Court on Human Rights, as well as Common Law jurisdictions. With a special conclusion by Professor John Finnis, drawing together the many treads of the individual chapters into a comprehensive whole, this book lays the basis for further comparative study of the legal and moral reasoning underlying judicial decisions which either recognize or deny legal personhood and/or equal dignity to unborn human beings. Robert P. George McCormick, Professor of Jurisprudence and Director of the James Madison Program in American Ideals and Institutions, Princeton University: "Pilar Zambrano and William L. Saunders have done a great service by giving us a thorough compilation of the law of various jurisdictions concerning the status and rights of the unborn. They have brought together an impressive group of scholars and obtained from them work of the highest intellectual caliber." Prof. Carlos Massini-Correas, University of Mendoza and University of Buenos Aires: "In undertaking the very unusual task of analyzing both the legal and the moral horizon of interpretation underlying leading judicial decisions, this book represents an exceptional shortcut to the bulk of constitutional and philosophical arguments in favor of the enhancement of the value of unborn human life to the status of a right. This mixed perspective of study allows us to avoid the usual fallacy of both sides of the abortion debate, to overlook either its moral or its legal framework."

The law of succession rests on a single brute fact: you can't take it with you. The stock of wealth that turns over as people die is staggeringly large. In the United States alone, some $41 trillion will pass from the dead to the living in the first half of the 21st century. But the social impact of inheritance is more than a matter of money; it is also a matter of what money buys and brings about.
Law and custom allow people many ways to pass on their property. As Friedman's enlightening social history reveals, a decline in formal rules, the ascendancy of will substitutes over classic wills, social changes like the rise of the family of affection, changing ideas of acceptable heirs, and the potential disappearance of the estate tax all play a large role in the balance of wealth. "Dead Hands" uncovers the tremendous social and legal importance of this rite of passage, and how it reflects changing values and priorities in American families and society.