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Books > Law > English law
The approach adopted in the first four editions has been retained, namely that administrative law is a specialized branch of constitutional law and that a sound knowledge of constitutional law and a thorough understanding of the Constitution of the Republic of South Africa, 1996 are prerequisites for an understanding of administrative law.
This book explores the issue of abortion and women's rights in contemporary China. With a vast population, China's government has pursued controversial policies, such as the One Child Policy, in the past. Today, a rapidly urbanizing society is aging quickly, and the policies are loosening; but what are the implications for Chinese women, and how do policies compare to those in the West? In this groundbreaking book, Dr. Jiang eludicates the Chinese legal and social history of abortion for the first time in English. This book will be of interest to lawyers, NGO researchers, feminists and academics.
This book explores the shortcomings of the criminal justice system's response to sexual violence. Despite a plethora of legal and policy reforms, concerns remain regarding the conviction rates for rape and the extent to which cases fall out of the system. Ample research has highlighted the ongoing impact of 'rape myths' and the presence of an 'implementation gap' whereby policies, provisions and measures - proposed in order to improve the system's response - are frequently not brought into practice, nor utilised as expected. Rape and the Criminal Trial proposes a move beyond representational theory and towards New Materialism and affects, a school of thought which emphasises the importance of embodiment and the ontological intensive regime as necessary in order to generate radical new approaches for understanding this problematic status quo, and in order to move forward to the production of more effective solutions.
Extensive welfare, law, and policy reforms characterized the making and unmaking of Keynesian states in the 20th century. This collection highlights the gendered nature of these regulatory shifts and, specifically, the roles played by women - as reformers, welfare workers, and welfare recipients - in the historical development of welfare states. The contributors are leading feminist socio-legal scholars from a range of disciplines in the US, Canada, and Israel. Collectively, their analyses of women, law, and poverty speak to long-standing and ongoing feminist concerns: the importance of historically informed research, the relevance of women's agency and resistance to the experience of inequality and injustice, the specificity of the experience of poor women and poor mothers, the implications of changes to social policy, and the possibilities for social change. Such analyses are particularly timely as the devastation of neo-liberalism becomes increasingly obvious. The current world crisis of capitalism is a defining moment for liberal states - a global catastrophe that concomitantly creates a window of opportunity for critical scholars and activists to reframe debates about social welfare, work, and equality, and to reinsert the discourse of social justice into the public consciousness and political agenda of liberal democracies. (Series: Onati International Series in Law and Society)
It contributes to the field of posthumanism through its application of posthuman feminism to international law Interdisciplinary approach. Will appeal to students and scholars with interests in legal, feminist, and posthuman theory, as well as those concerned with the contemporary challenges faced by international law.
Honour based violence and abuse manifests itself in different forms, and this book offers a comprehensive understanding of this phenomenon. This book argues that the limits of honour crimes must be defined more widely so that they include conducts and behaviours that originate from the patriarchal notion of honour, such as honour based oppression and breast ironing. The book provides a critical analysis and synthesis of the law in England and Wales and in the international human rights sphere. The relevant domestic legislation and cases are examined to reflect on whether adequate protection is provided for the victims and potential victims of honour based violence and abuse. Since honour based violence is a violation of human rights, the relevant international human rights law is examined to illustrate the perception of such crimes in the international arena. The effectiveness of any remedy for victims of honour based violence and abuse depends on its capability to change deep rooted behaviours in communities with honour based patriarchal values. This book argues that the law does not provide the effective impact required, in part due to patriarchal structures, and that more efforts should be dedicated to changes in education. It is held that there is a need for an educational programme that is especially designed to tackle violence and promote gender equality. The book will be essential reading for academics, researchers and policy-makers working in the areas of Human Rights Law, Criminal Law and Gender Studies.
This vital report is the only textbook of its kind for practitioners in this complex area of law. Since 2002 this essential resource has continued to fulfil its promise of: Enabling compensated persons to understand and obtain the best deal from the means-tested benefits system through the use of personal injury trusts; Enabling solicitors to unravel the mystique surrounding the foundation and administration of personal injury trusts and to equip them to fulfil their role better for it; Enabling solicitors to develop compensation protection services to help protect their firms from negligence claims and to improve the bottom line; and enabling solicitors to do these things in as efficient and as practical a way as possible with the greatest amount of professional peace of mind. The fourth edition has been fully updated to include: The significant changes by the mental capacity act 2005 which came into force fully on 1st October 2007; A revised and expanded property section with specific focus on purchasing property where there is a P I Trust in place or where the Court of Protection are involved; 2008 changes to the care rules and Employment and Support Allowance, which has replaced Incapacity Benefit for new claimants; Plus, new and up-to-date precedents. It is vital that every lawyer doing personal injury compensation work should have a copy of this book on their shelves to enable them to give truly comprehensive advice as to the final process in achieving compensation.
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.
Gender and punishment in Ireland explores women's lethal violence in Ireland. Drawing on comprehensive archival research, including government documents, press reporting, the remnants of public opinion and the voices of the women themselves, the book contributes to the burgeoning literature on gender and punishment and women who kill. Engaging with concepts such as 'double deviance', chivalry, paternalism and 'coercive confinement', the work explores the penal landscape for offending women in postcolonial Ireland, examining in particular the role of the Catholic Church in responses to female deviance. The book is an extensive interdisciplinary treatment of women who kill in Ireland and will be useful to scholars of gender, criminology and history. -- .
Set in different national contexts (Brazil, Bulgaria, France, Germany, Laos, Norway, Thailand) and in different social science disciplines, the chapters of this volume aim at questioning anti-trafficking policies and their practical impact on sex work regulation. Many actors, from media to researchers, from nonprofit organizations to law enforcement agencies, from "experts" to "reality tourists", contribute to produce knowledge on trafficking and sexual exploitation and thus to institutionalize it as a category of thought and action; by naming and framing perpetrators and victims, they make trafficking "come true" as a public problem. The book pays particular attention to the way the international expertise produced by these different actors and institutions on sexual exploitation and sex work impacts local control practices, especially with regard to law enforcement. The fight against trafficking as it gets institutionalized and put into practice then appears as a way to reaffirm a gendered and racialized public order. Building analytical bridges between different national contexts and relying on contextualized fieldwork in different countries, the book is of great interest for academics as well as for practitioners and/or activists working on sex and gender issues and migration policies. Also, it resonates with a broader literature on the construction of public problems in sociology and political science.
Explores the relationship between sexuality and politics in Britain's recent political past. Includes four case studies to illustrate the arguments made. Important contribution to the understandings of sexuality, identity and inequalities, as well as of crisis and neoliberalism.
Subject matter of growing presence and interest. Multidisciplinary approach. Case study of Denmark, the first European state to adopt self-declaration. Will appeal to researchers and practitioners working in trans, gender, feminist legal, and socio-legal studies.
What Works (and Doesn't) in Reducing Recidivism offers criminologists and students an evidence-based discussion of the latest trends in corrections. Experts Latessa, Johnson, and Koetzle translate the research and findings about what works and doesn't work in reducing recidivism into understandable concepts and terms, presenting them in a way that illustrates the value of research to practice. Over the last several decades, research has clearly shown that rehabilitation efforts can be effective in reducing recidivism among criminal offenders, but it is clear that treatment is not a one-size-fits-all approach. Offenders vary by gender, age, crime type, and/or addictions, to name but a few ways, and these individual needs must be addressed by providers. Finally, issues such as leadership, quality of staff, and evaluation efforts affect the quality and delivery of treatment services. While other texts have addressed issues regarding treatment in corrections, this text is unique in that it not only discusses the research on "what works" but also addresses the implementation issues faced as practitioners move from theory to practice, as well as the importance of staff, leadership, and evaluation efforts. This book synthesizes the vast research for the student interested in correctional rehabilitation as well as for the practitioner working with offenders.
This book examines the experiences of gay and bisexual men who lived in Scotland during an era when all homosexual acts were illegal, tracing the historical relationship between Scottish society, the state and its male homosexual population using a combination of oral history and extensive archival research.
Gender and Justice is a unique core textbook that introduces key concepts through case studies. Each chapter opens with a compelling case study that illustrates key concepts, followed by a narrative chapter that builds on the case study to introduce essential elements. Each chapter features pedagogical elements-learning objectives, key terms, review and study questions, and suggestions for further learning and exploration. In addition to the unique case study approach, this book is distinctive in its inclusion of LGBTQ experiences in crime, victimization, processing, and punishment. Gender and Justice also addresses masculinity and the role it plays in defining offenders and victims, as well as challenges posed by the gender gap in offending.
Integrating interdisciplinary and cross-cultural analysis, this volume advances our understanding of sexual violence in intimacy through the development of more nuanced and evidence-based conceptual frameworks. Sexual violence in intimacy is a global pandemic that causes individual physical and emotional harm as well as wider social suffering. It is also legal and culturally condoned in much of the world. Bringing together international and interdisciplinary research, the book explores marital rape as individual suffering that is best understood in cultural and institutional context. Gendered narratives and large-scale surveys from India, Ghana and Africa Diasporas, Pacific Islands, Denmark, New Zealand, the United States, and beyond illuminate cross-cultural differences and commonalities. Methodological debates concerning etic and emic approaches and de-colonial challenges are addressed. Finally, a range of policy and intervention approaches-including art, state rhetoric, health care, and criminal justice-are explored. This book provides much needed scholarship to guide policymakers, practitioners, and activists as well as for researchers studying gender-based violence, marriage, and kinship, and the legal and public health concerns of women globally. It will be relevant for upper-level students and scholars in anthropology, sociology, psychology, women's studies, social work and public and global health.
This fascinating book demonstrates the diversity of Connecticut's women's feminist activities in pre- and post-suffrage eras and refutes the notion that feminist activism died out with the passage of the Nineteenth Amendment.
The influence of women in the colonial family and the community is examined using tax and probate records of southside Colonial Virginia.
'The kind of book that has you screaming "Yes! Yes! Yes! Now I get it!" on almost every page' Caitlin Moran 'Dr Taylor sets out a compelling case . . . gives voice and agency to women who have experienced trauma and violence' Morning Star She asked for it. She was flirting. She was drinking. She was wearing a revealing dress. She was too confident. She walked home alone. She stayed in that relationship. She was naive. She didn't report soon enough. She didn't fight back. She wanted it. She lied about it. She comes from a bad area. She was vulnerable. She should have known. She should have seen it coming. She should have protected herself. The victim blaming of women is prevalent and normalised in society both in the UK, and around the world. What is it that causes us to blame women who have been abused, raped, trafficked, assaulted or harassed by men? Why are we uncomfortable with placing all of the blame on the perpetrators for their crimes against women and girls? Based on three years of doctoral research and ten years of practice with women and girls, Dr Jessica Taylor explores the many reasons we blame women for male violence committed against them. Written in her unique style and backed up by decades of evidence, this book exposes the powerful forces in society and individual psychology which compel us to blame women subjected to male violence.
It is unique in that it is designed and intended to be used to facilitate discussion and to disseminate awareness within real life settings - for example, in a staff room for Inset Days, or for social workers in their team meetings. This workbook has been written for anyone to be able to facilitate a session with colleagues, which takes between 1-3 hours depending on the facilitator and group's needs. The introduction details how to use the book and how to facilitate a training session using the material, including being aware of how people could be triggered by looking at this difficult subject. Will be of interest to all professionals who have a mandatory responsibility to report FGM cases such as qualified teachers, social workers, and health care professionals (nurses, midwives and health visitors particularly).
This book addresses the 'three moments' in lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers' and refugees' efforts to secure protection: The reasons for their flight, the Refugee Status Determination process, and their integration into the host community once they are recognized refugee status.The first part discusses one of the most under-researched areas within the literature devoted to asylum claims based on sexual orientation and gender identity, namely the reasons behind LGBTI persons' flight. It investigates the motives that drive LGBTI persons to leave their countries of origin and seek sanctuary elsewhere, the actors of persecution, and the status quo of LGBTI rights. Accordingly, an intersectional approach is employed so as to offer a comprehensive picture of how a host of factors beyond sexual orientation/gender identity impact this crucial first stage of LGBTI asylum seekers' journey.In turn, the second part explores the challenges that LGBTI asylum seekers face during the RSD process in countries of asylum. It first examines these countries' interpretations and applications of the process in relation to the relevant UNHCR guidelines and questions the challenges including the dominance of Western conceptions and narratives of sexual identity in the asylum procedure, heterogeneous treatment concerning the definition of a particular social group, and the difficulties related to assessing one's sexual orientation within the asylum procedure. It subsequently addresses the reasons for and potential solutions to these challenges.The last part of the book focuses on the integration of LGBTI refugees into the countries of asylum. It first seeks to identify and describe the protection gaps that LGBTI refugees are currently experiencing, before turning to the reasons and potential remedies for them.
'Stunning . . . Built like a thriller, moving, wise and illuminated on every page with love' -Joanne Harris, author of Chocolat When Carolyn Hays's child made clear to the family that they were all wrong, he was not a boy, but, in fact, a girl, the Hays shifted pronouns, adopted a nickname and encouraged her to dress as she felt comfortable. One ordinary day, a caseworker from the Department of Children and Families knocked on their door to investigate an anonymous complaint about the upbringing of their transgender child. It was this threat that instilled in them a deep-seated fear for their child's safety in the Republican state they called home. And so they uprooted their lives to the more trans-accepting Northeast United States, though they were never far from the hate and fear resting at the nation's core. Intimate, lyrical and thought-provoking, A Girlhood is an ode to Hays's brilliant, brave child, as well as a cathartic revisit of the pain of the past. It tells of the brutal truths of being trans, of the sacrificial nature of motherhood, and of the lengths a family will go to shield their youngest from the cruel realities of the world. Hays asks us all to love better, for children everywhere enduring injustice and prejudice just as they begin to understand themselves. A Girlhood is a celebration of difference, a plea for empathy, a hope for a better future, but moreover, it is a love letter to a child who has always known herself and is waiting for the rest of the world to catch up.
The adoption of Security Council resolution 1325 on women, peace and security in October 2000 marked the beginning of a global agenda on women in armed conflicts and post-conflict transition. Women, Peace and Security: Repositioning gender in peace agreements discusses the context and the content of this UN agenda and provides a systematic review of its implementation, over the last fifteen years, in peace agreements around the world.This book is timely, offering a valuable contribution to the literature on gender in armed conflicts, peace agreements, peace mediation, and transitional justice and is essential reading for practitioners and scholars working in this field. The study adopts an interdisciplinary approach to raise key theoretical and practical questions often overlooked by scholars working within the strict boundaries of the distinct disciplines. The book introduces a new dataset on peace agreements that provides important comprehensive evidence on the extent to which resolution 1325 and other subsequent resolutions on women, peace and security have impacted on peace agreements. Through the reflections of elite peacemakers, the book provides additional insights into the practice of peacemaking and the challenges of implementing the UN resolutions on women, peace and security on the ground.The findings of this book have important policy implications for governments, international organisations and NGOs who must refocus their efforts on bridging the gap between the theory and practice of gender sensitive peacemaking.
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.
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. |
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