This volume takes a critical look at the gender inequality of tax policy around the world. The book's contributors - based in eight different countries - examine the profound effects that gender norms and practices have had in shaping tax law and policy, and how taxation in turn impacts the possibilities for equality along the lines of gender, race, class, sexuality, and other. The chapters explore: how the gendered fiscal state might be theorized * how structural choices about rates and bases in tax policy are designed to contribute to gender inequality * how tax policy affects family configurations and perceptions of what constitutes a family * how fiscal systems impact savings and wealth accumulation by women and men * the role of different policy making processes and institutions in occluding and sometimes challenging these patterns. Most significantly, the book explores these questions in an international frame, traversing countries and continents. The book's conclusion is that fiscal policy has deep-rooted, long-standing gender implications that affect virtually every aspect of individual's social, political, and economic lives. (Series: Onati International Series in Law and Society)

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.

As Kenyan women traditionally have fewer formal employment opportunities, often occupying lower-paid jobs in the informal sector, the experiences of women who earn money in unorthodox ways can offer revealing insights into the agency of women and its limits. Grounded in the narratives and life stories of women selling sex in Kenya, Egle Cesnulyte reveals the range of gendered and gendering effects that neoliberal policies have on everyday socio-political realities. By contextualising and historicising contemporary debates in the field, this important interdisciplinary study explores the societal structures that neo-liberal narratives and reforms influence, their gendered effects, and the extent to which individuals must internalise neoliberal economic logics in order to make or improve their living. In so doing, Cesnulyte counters the prevailing male-dominated studies in political science to place women, and female-based narratives at the forefront.

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.

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.

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.

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 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."

Erika Bachiochi offers an original look at the development of feminism in the United States, advancing a vision of rights that rests upon our responsibilities to others. In The Rights of Women, Erika Bachiochi explores the development of feminist thought in the United States. Inspired by the writings of Mary Wollstonecraft, Bachiochi presents the intellectual history of a lost vision of women's rights, seamlessly weaving philosophical insight, biographical portraits, and constitutional law to showcase the once predominant view that our rights properly rest upon our concrete responsibilities to God, self, family, and community. Bachiochi proposes a philosophical and legal framework for rights that builds on the communitarian tradition of feminist thought as seen in the work of Elizabeth Fox-Genovese and Jean Bethke Elshtain. Drawing on the insight of prominent figures such as Sarah Grimke, Frances Willard, Florence Kelley, Betty Friedan, Pauli Murray, Ruth Bader Ginsburg, and Mary Ann Glendon, this book is unique in its treatment of the moral roots of women's rights in America and its critique of the movement's current trajectory. The Rights of Women provides a synthesis of ancient wisdom and modern political insight that locates the family's vital work at the very center of personal and political self-government. Bachiochi demonstrates that when rights are properly understood as a civil and political apparatus born of the natural duties we owe to one another, they make more visible our personal responsibilities and more viable our common life together. This smart and sophisticated application of Wollstonecraft's thought will serve as a guide for how we might better value the culturally essential work of the home and thereby promote authentic personal and political freedom. The Rights of Women will interest students and scholars of political theory, gender and women's studies, constitutional law, and all readers interested in women's rights.

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.

In International Taxation of Trust Income, Mark Brabazon establishes the study of international taxation of trust income as a globally coherent subject. Covering the international tax settings of Australia, New Zealand, the UK, and the US, and their taxation of grantors/settlors, beneficiaries, trusts, and trust distributions, the book identifies a set of principles and corresponding tax settings that countries may apply to cross-border income derived by, through, or from a trust. It also identifies international mismatches between tax settings and purely domestic design irregularities that cause anomalous double- or non-taxation, and proposes an approach to tax design that recognises the policy functions (including anti-avoidance) of particular rules, the relative priority of different tax claims, the fiscal sovereignty of each country, and the respective roles of national laws and tax treaties. Finally, the book includes consideration of BEPS reforms, including the transparent entity clause of the OECD Model Tax Treaty.

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."

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.

Plan ahead: estate planning to secure your wishes Estate Planning is your overview of the estate planning concepts that are necessary to consider when advising your clients about the different facets of wealth transfer planning. This fundamental reference presents the basic estate, gift, and trust planning ideas in a descriptive and accessible manner allowing you to easily and conveniently access the information you need when you need it. This essential text covers the development of estate planning strategies for your clients, the fundamentals of the federal transfer tax system, relevant federal income tax rules, lifetime donative asset transfers, gratuitous property transfers at death, generation-skipping transfers, special property transfer planning considerations, and post-mortem planning. When done effectively, estate planning enables your clients to make both lifetime and testamentary transfers of assets to beneficiaries of their choice. In the process, strategic, successful estate planning strategies conserve wealth for these beneficiaries, who are often family members of the client. Leveraging the right methods of estate planning can ensure that you achieve your client's objectives. * Explore the fundamentals of estate planning as they relate to wealth transfer planning * Dive into special property transfer planning considerations, including community property, life insurance, charitable transfers, closely held corporations, etc. * Better serve your clients by having access to relevant, easy to navigate information on estate planning best practices * Reinforce these new ideas with a comprehensive test bank Estate Planning is your guide to estate planning concepts that help you protect your assets during wealth transfer and prepare for your assets to change hands as smoothly as possible.

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 fourth edition of Merry E. Wiesner-Hanks's prize-winning survey features significant changes to every chapter, designed to reflect the newest scholarship. Global issues have been threaded throughout the book, while still preserving the clear thematic structure of previous editions. Thus readers will find expanded discussions of gendered racial hierarchies, migration, missionaries, and consumer goods. In addition, there is enhanced coverage of recent theoretical directions; the ideas, beliefs, and practices of ordinary people; early industrialization; women's learning, letter writing, and artistic activities; emotions and sentiments; single women and same-sex relations; masculinities; mixed-race and enslaved women; and the life course from birth to death. With geographically broad coverage, including Russia, Scandinavia, the Ottoman Empire, and the Iberian Peninsula, this remains the leading text on women and gender in Europe in this period. Accompanying this essential reading is a completely revised website featuring extensive updated bibliographies, web links, and primary source material.

This book critically examines domestic violence law in India. It focuses on women's experiences and perspectives as victims and litigants, with regard to accessibility to law and justice. It also reflects on the manner in which the legal process reproduces gender hierarchies. This volume: Analyzes the legal framework from a gender perspective to pinpoint the inherent stereotypes, prejudices and discriminatory practices that come into play while interpreting the law; Includes in-depth interviews and case studies, and explores critical themes such as marriage, rights, family, violence, property and the state; Presents alternatives beyond the domain of law, such as qualitative medical care and legal aid facilities, shelter homes, short-stay homes, childcare facilities, and economic and social security provisions to survivors and their children. Drawing on extensive testimonies and ethnographic studies situated in a theoretical framework of law, this book will be of great interest to scholars and researchers of law, gender, human rights, women's studies, sociology and social anthropology, and South Asian studies.

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.

Although over the last two decades there has been a proliferation of gender studies, transgender has largely remained institutionalised as an 'umbrella term' that encapsulates all forms of gender understandings differing from what are thought to be gender norms. In both theoretical and medical literature, trans identity has been framed within a paradigm of awkwardness or discomfort, self-dislike or dysfunctional mental health. Marginal Bodies, Trans Utopias is a multidisciplinary book that draws primarily from Deleuze and post-structuralism in order to reformulate the concept of utopia and ground it in the materiality of the present. Through a radically new conceptualisation of the time and space of utopia, it analyses empirical findings from trans video diaries on the Internet belonging to transgender individuals. In doing so, this volume offers new insights into the everyday challenges faced by these subjectivities, with case studies focusing on: the legal/social impact of the UK's Gender Recognition Act 2004, boundaries of public and private as evidenced within public toilets, and the narrative of the 'wrong body'. Contextualising and applying Deleuzian concepts such as 'difference' and 'marginal' to the context of the research, Nirta helps the reader to understand trans as 'unity' rather than as a 'mind-body mismatch'. Contributing to the reading and understanding of trans lived experience, this book shall be of interest to postgraduates and postdoctoral researchers interested in fields such as Transgender Studies, Critical Studies, Sociology of Gender and Philosophy of Time.

Explores the failures of family court and calls for immediate and permanent change At the turn of the twentieth century, American social reformers created the first juvenile court. They imagined a therapeutic court where informality, specially trained public servants, and a kindly, all-knowing judge would assist children and families. But the dream of a benevolent means of judicial problem-solving was never realized. A century later, children and families continue to be failed by this deeply flawed court. The End of Family Court rejects the foundational premise that family court can do good when intervening in family life and challenges its endless reinvention to survive. Jane M. Spinak illustrates how the procedures and policies of modern family court are deeply entwined in a heritage of racism, a profound disdain for poverty, and assimilationist norms intent on fixing children and families who are different. And the court’s interventionist goals remain steeped in an approach to equity and well-being that demands individual rather than collective responsibility for the security and welfare of families. Spinak proposes concrete steps toward abolishing the court: shifting most family supports out of the court’s sphere, vastly reducing the types and number of matters that need court intervention, and ensuring that any case that requires legal adjudication has the due process protections of a court of law. She calls for strategies that center trusting and respecting the abilities of communities to create and sustain meaningful solutions for families. An abolitionist approach, in turn, celebrates a radical imagination that embraces and supports all families in a fair and equal economic and political democracy.

THE SUNDAY TIMES BESTSELLER Angry, opinionated, mouthy, aggressive, hysterical, mad, disordered, crazy, psycho, delusional, borderline, hormonal . . . Women have long been pathologized, locked up and medicated for not conforming to whichever norms or stereotypes are expected of them in that time and space. Sexy But Psycho is a challenging and uncomfortable book which seeks to explore the way professionals and society at large pathologize and sexualise women and girls. Utilising decades of research, real case studies and new data from her own work, Dr Taylor's book will critically analyse the way we label women with personality disorders. Why are women and girls pathologized for being angry about oppression and abuse? How have so many women been duped into believing that they are mentally ill, for having normal and natural reactions to their experiences? Sexy But Psycho argues that there is a specific purpose to convincing women and girls that they are mentally ill, as the world avoids addressing violence against women and their centuries of ignored trauma.

Daniel Paul Schreber (1842-1911) was a senior German judge and jurist. He formulated a unique juridical theology of private life and developed a critical account of oikonomia, the practice of governance and administration. But his theoretical work was largely ignored due to his mental illness and his desire to be a woman in a time inhospitable to transitions. Now, Schreber's Law looks beyond Judge Schreber's mental health to reappraise his distinguished contribution to legal theory. Peter Goodrich evaluates Schreber's jurisprudence by analysing the Memoirs and his interpreters in detail, and sets his work in the context of both the neo-Kantian pure science of fin de siecle German jurisprudence and 21st-century legal theory. In this way, Goodrich shows how Schreber's work challenges the legal thought of his era and opens up a potentially vital approach to contemporary jurisprudence.