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Books > Law > English law > Private, property, family > Gender law
Drawing on original empirical research from Singapore and Hong Kong, Gendered Labour, Everyday Security and Migration interrogates women migrant domestic workers' experiences of work and workplace exploitation. It examines the ways in which these women negotiate everyday security and safe work against the backdrop of affective employment relations and institutional structures of labour and migration law. It challenges the current emphasis on the language of exploitation and legal approaches to identifying, understanding and rectifying poor employment conditions for women migrant domestic workers. This book addresses the limited research literature that examines the extent to which regulatory or criminal justice responses are relevant to, and utilised by, women migrant domestic workers in their everyday negotiation of safe work and offers a unique contribution to the field. An accessible and compelling read, it will be of interest to researchers from across the fields of criminology, sociology, labour migration studies and women's studies.
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.
The volume offers an overview of the theories and practices of Italian legal feminism, presenting both the main themes addressed and the main protagonists of Italian feminist legal theory. The book is divided into two parts. The first is dedicated to deepening crucial issues that directly concern women's knowledge and lives from a feminist perspective, such as the interconnection between law, rights and justice; diversity, difference and equality; sex, sexuality and reproduction; citizenship and borders; deviance, criminal matters and security; and victims, victimology, and vulnerability. Each set of thematic issues is analysed by a current Italian feminist legal scholar, who engages with multiple feminist voices in order to emphasise the need for an interdisciplinary approach to law from a feminist perspective. The second part of the book is devoted to outlining the paths of study, research and practice of specific and renowned Italian legal scholars who have provided the foundation for legal feminism in Italy: Letizia Gianformaggio, Tamar Pitch, Silvia Niccolai, and Lia Cigarini. The book thereby offers, for the first time, a comprehensive account of the traditions and trajectories of Italian legal feminism, thus opening up a dialogue with other feminist approaches to law and justice. The book will appeal to scholars in legal theory, critical and sociolegal studies, sociology, gender studies, and critical criminology.
This book addresses a gap in both contemporary theorising and empirical analysis of the European Union's (EU) law and policy frameworks on migration, sex work and anti trafficking. Drawing on the authors' previous research on these policies and with their practical experience of engaging with various EU institutions in law and policy-making fora around gender, equality and justice, the work examines the processes involved in constructing and enacting policy frameworks and legal interventions on these issues, within a feminist analytical framework. The authors map how EU agenda-setting operates, and detail the roles that various EU institutions, external groups and actors, including non-governmental organisations, play in promoting or blocking policy on these three issues. The book draws on feminist theorising on gender, policy-making and social justice to develop a general theoretical framework to help us understand how and why a consensus has seemingly been achieved at EU level on what constitutes gender equality in these three policy areas. The book presents a valuable resource for academics, researchers and policy makers in Law, Migration, EU policy making and Gender Studies.
The book explores the rise of civil divorce in Victorian England, the subsequent operation of a fault system of divorce based solely on the ground of adultery, and the eventual piecemeal repeal of the Victorian-era divorce law during the Interwar years. The legal history of the Matrimonial Causes Act 1857 is at the heart of the book. The Act had a transformative impact on English law and society by introducing a secular judicial system of civil divorce. This swept aside the old system of divorce that was only obtainable from the House of Lords and inadvertently led to the creation of the modern family justice system. The book argues that only through understanding the legal doctrine in its wider cultural, political, religious, and social context is it possible to fully analyse and assess the changes brought about by the Act. The major developments included the end of any pretence of the indissolubility of marriage, the statutory enshrinement of a double standard based on gender in the grounds for divorce, and the growth of divorce across all spectrums of English society. The Act was a product of political and legal compromise between conservative forces resisting the legal introduction of civil divorce and the reformers, who demanded married women receive equal access to the grounds of divorce. Changing attitudes towards divorce that began in the Edwardian period led to a gradual rejection of Victorian moral values and the repeal of the Act after 80 years of existence in the Interwar years. The book will be a valuable resource for academics and researchers with an interest in legal history, family law, and Victorian studies.
1. This is still the leading book on the market offering an introductory overview of Queer Criminology. The new edition has been fully updated to include new development in theory and research and offers further coverage of international issues and a new chapter on intersectionality. 2. This book is useful supplementary reading for courses on gender and crime, law and sexuality, multiculturalism and criminal justice and diversity and criminal justice and can also be used as a core text on the growing number of courses covering Queer Criminology. 3. The original edition was winner of the 2016 Book Award from the American Society of Criminology, Division of Critical Criminology.
In light of ongoing concerns about the treatment of survivors, Rape Trials in England and Wales critically examines court responses to rape and sexual assault. Using new data from an in-depth observational study of rape trials, this book asks why attempts to improve survivor experiences at court have not been fully effective. In doing so, Smith identifies deep-rooted barriers to survivor justice and, crucially, introduces potential avenues for more effective reform. This book provides a comprehensive examination of the practicalities of court, use of rape myths and sexual history evidence, underlying principles of adversarial justice and the impact of inequalities embedded within English and Welsh legal culture. This engaging and highly significant study is essential reading for anyone seeking to understand the criminal courts and their responses to rape, including practitioners and students of criminology, sociology, and law.
This book examines the use and impact of Australian Indigenous sentencing courts in response to Indigenous partner violence. In operation in Australia since 1999, these courts were first established by a magistrate in South Australia who sought to improve court communication and understanding, and trust in the criminal justice system for Indigenous people. Indigenous Courts, Culture and Partner Violence is the first book to consider how the transformation of a sentencing process into one that better reflects Indigenous cultural values can improve outcomes for both victims and offenders of Indigenous partner violence. It asks which aspects of the sentencing process are most important in influencing a change in attitude and behaviour of Indigenous offenders who repeatedly engage in abusive behaviour towards their partner, and what types of justice process better meets the relationship, rehabilitative and safety needs of Indigenous partner violence offenders and their victims? Marchetti examines the adaptation of a formal sentencing process to make it more culturally meaningful when responding to Indigenous partner violence, and gauges victim and offender views about how the court process has affected their lives and relationships, and elicits their views of violence within their communities. This innovative work will be of great interest to academics, researchers, policy makers, police, lawyers, family violence service providers and students.
This volume examines how gender relations were regulated in ancient Near Eastern and biblical law. The textual corpus examined includes the various pertinent law collections, royal decrees and instructions from Mesopotamia and Hatti, and the three biblical legal collections. Peled explores issues beginning with the wide societal perspective of gender equality and inequality, continues to the institutional perspective of economy, palace and temple, the family, and lastly, sex crimes. All the texts mentioned or referred to in the book are given in an appendix, both in the original languages and in English translation, allowing scholars to access the primary sources for themselves. Law and Gender in the Ancient Near East and the Hebrew Bible offers an invaluable resource for anyone working on Near Eastern society and culture, and gender in the ancient world more broadly.
Sexual offences pose severe violations of human rights that necessitate criminal law intervention in every democratic society. Using a holistic and integrated approach, this book examines sexual offenses through criminal law and criminal procedure within different jurisdictions. Impunity or lenient punishment enjoyed by perpetrators appears as a fundamental concern and contribute to low(er) reporting rates. Attrition, from the perspective of criminal law, is not only caused by issues in criminal procedure, like a lack of victim support or insufficient evidence, but is primarily linked to the definition of sexual offences which is hugely influenced by society, culture, and political power. Stereotypes that are deeply rooted in society in the form of common myths such as: victim of sexual offences are always female(s), or sexual offences take place outside of marriage, or that the victim has an obligation to manifest a resistance, or a woman accepting a gift by a man shows she consented to sexual acts and many others that are impediment to combatting sexual violence. These myths are not just maintained by society, but they also affect the victim's decision to seek justice, as well as the judiciary's approach to victims and the police's attitudes towards victims. Using cases and legislation from Croatia, Greece, Italy, North Macedonia, Romania, Serbia, and Turkey, and comparing them to United Kingdom, Germany, the Netherlands and the United States, this book presents peculiarities stemming from society, culture, politics, historical facts and even religion, along with solutions to the global problems of sexual offenses. This book is of interest to scholars studying criminal justice, legal studies, sociology, and cultural studies
The notion of human dignity is frequently, yet enigmatically, invoked in legal and political debates on sex work, where many people use it without much elaboration on exactly what they mean by it. Sex Work and Human Dignity: Law, Politics and Discourse sheds light on this enigma, by exploring how dignity-based discourses are used by those who write and talk about prostitution and also what role these discourses may play in shaping wider cultural understandings of sex work and sex workers. The book draws on political discourse theory and is international in its scope, with analysis of legal cases, textual sources, and empirical data gathered through interviews with activists from several different countries in the Global North and South. The book traces how the concept of dignity is used in a range of legal and political discourses on sex work and ultimately asks to what extent dignity-based discourses help to advance, or hinder, sex workers' social inclusion. This book will appeal to students and researchers interested in sex work and feminism, as well as those who study human dignity. Its interdisciplinary nature means it will appeal to those working in a range of disciplines, including law, sociology, philosophy, and political theory.
In this new and burgeoning field in legal and human rights thought, this edited collection explores, by reference to applied philosophy and case law, how the European Court of Human Rights (ECtHR) has developed and presented a right to personal identity, largely through interpretation of Article 8 of the European Convention on Human Rights. Divided into three parts, the collection interrogates: firstly, the construction of personal identity rights at the ECtHR; secondly, whose identity rights are protected; and thirdly, the limits of identity rights. The collection is the first in the Routledge Studies in Law and Humanity series. Contributions from nine leading and emerging legal scholars from the UK, Ireland and continental Europe explore how the right has developed, rights to identity and marriage, LGBTI+, persons with disabilities, religious and cultural issues and critical perspectives on the social construction and framing of the right. The collection is primarily aimed at scholars and advanced students, particularly of human rights law and its theory, Jurisprudence and Philosophy of Law, and those interested in ECtHR jurisprudence, and those interested in the connection between theories of inclusion, belonging and rights, including human rights lawyers.
Should digital platforms be responsible for intimate images posted without the subject's consent? Could the viewers of such images be liable simply by viewing them? This book answers these questions in the affirmative, while considering the social, legal and technological features of unauthorized dissemination of intimate images, or 'revenge porn'. In doing so, it asks fundamental socio-legal questions about responsibility, causation and apportionment, as well as conceptualizing private information as property. With a focus on private law theory, the book defines the appropriate scope of liability of platforms and viewers, while critiquing both the EU's and US' solutions to the problem. Through its analysis, the book develops a new theory of egalitarian digital privacy.
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 investigates the causes and consequences of image-based sexual abuse in a digital era. Image-based sexual abuse refers to the taking or sharing of nude or sexual photographs or videos of another person without their consent. It includes a diversity of behaviours beyond that of "revenge porn", such as the secret trading of nude or sexual images online; "upskirting", "downblousing" and other "creepshots"; blackmail or "sextortion" scams; the use of artificial intelligence to construct "deepfake" pornographic videos; threats to distribute photographs and videos without consent; and the taking or sharing of sexual assault imagery. This book investigates the pervasiveness and experiences of these harms, as well as the raft of legal and non-legal measures that have been introduced to better respond to and prevent image-based sexual abuse. The book draws on groundbreaking empirical research, including surveys in three countries with over 6,000 respondents and over 100 victim-survivor and stakeholder interviews. Guided by theoretical frameworks from gender studies, sociology, criminology, law and psychology, the authors argue that image-based sexual abuse is more commonly perpetrated by men than women, and that perpetration is higher among some groups, including younger and sexuality minority men. Although the motivations of perpetrators vary, a dominant theme to emerge was that of power and control. The gendered nature of the abuse means that it is best understood as a "continuum of sexual violence" because victim-survivors often experience it as part of a broader pattern of gendered harassment, violence and abuse. Written in a clear and direct style, this book will appeal to students and scholars of criminology, sociology, law and psychology. Image-based Sexual Abuse is also an essential resource for activists, legal and policy practitioners, technology companies and victim-survivors seeking to understand the deeply complex nature of intimate-image sharing in a digital era.
This volume critically analyses Muslim Personal Law (MPL) in India and offers an alternative perspective to look at MPL and the Uniform Civil Code (UCC) debate. Tracing the historical origins of this legal mechanism and its subsequent political manifestations, it highlights the complex nature of MPL as a sociological phenomenon, driven by context-specific social norms and cultural values. With expert contributions, it discusses wide-ranging themes and issues including MPL reforms and human rights; decoding of UCC in India; the contentious Triple Talaq bill and MPL; the Shah Bano case; Sharia (Islamic jurisprudence) in postcolonial India; women's equality and family laws; and MPL in the media discourse in India. The volume highlights that although MPL is inextricably linked to Sharia, it does not necessarily determine the everyday customs and local practices of Muslim communities in India This topical book will greatly interest scholars and researchers of law and jurisprudence, political studies, Islamic studies, Muslim Personal Law, history, multiculturalism, South Asian studies, sociology of religion, sociology of law and family law. It will also be useful to practitioners, policymakers, law professionals and journalists.
The Sexual Politics of Border Control conceptualises sexuality as a method of bordering and uncovers how sexuality operates as a key site for the containment, capture and regulation of movement. By bringing together queer scholarship on borders and migration with the rich archive of feminist, Black, Indigenous and critical border perspectives, it highlights how the heteronormativity of the border intersects with the larger dynamics of racial capitalism, imperialism and settler colonialism; reproductive inequalities; and the containment of contagion, disease and virality. Transnational in focus, this book includes contributions from and about different geopolitical contexts including histories of HIV in Turkey; the politics of reproduction in Palestine/Israel; settler colonialism and anti-Blackness in the United States; the sexual geographies of the Balkan and Southern Europe; the intimate politics of marriage migration between Vietnam and Canada; and sex work in Australia, the United States, France and New Zealand. This collection constitutes a key intervention in the study of border and migration that highlights the crucial role that sexual politics play in the reproduction and contestation of national border regimes. The chapters in this book were originally published as a special issue of Ethnic and Racial Studies.
- Contains primary source documents - Will engage students on both side of the pro-life and pro-choice debate - Synthesizes a huge body of research in an easily digestible way for students
- Contains primary source documents - Will engage students on both side of the pro-life and pro-choice debate - Synthesizes a huge body of research in an easily digestible way for students
Two LGBTQ affirmative US Supreme Court Rulings occurred in the second decade of the twenty-first century: the 2015 Obergefell ruling in support of same sex marriage, and the 2020 Bostock decision ruling that discrimination on the basis of sexual orientation and gender identity is prohibited by Title VII. In The Politicalization of Trans Identity: An Analysis of Backlash, Scapegoating, and Dogwhistling from Obergefell to Bostock, Loren Cannon critiques the opinions of the court in both cases. Cannon carefully presents the evidence that transgender identity itself has become politicized post Obergefell and provides a thorough consideration of the ramifications of this politicization across the nation, especially in the form of proposed legislation and violence. Cannon argues that the politicization of trans identity can rightfully be understood as a backlash response to the Obergefell decision and increased LGBTQ equality. According to Cannon, aspects of the politicization can be characterized as scapegoating and as dog whistling. This book offers unique contributions to the understanding of these ideas, including a creative application of Rene Girard's theory of scapegoating. Lastly, Cannon argues that conceptually, virtue signaling needs to be paired with dog whistling to have the political result that the whistler intends.
Migrant women across Asia disproportionately work in precarious, insecure, and informal employment sectors that are subject to few regulations, pay low wages, and expose women to harm, of which domestic work is among the most prevalent. This book uses the cases of the Philippines and Sri Lanka to develop a comprehensive, intersectional, rights-based approach to better protect women migrant domestic workers against exploitation. As accounts of exploitation, gender-based violence, torture, and death among migrant domestic workers increase, the recognition and defence of their human and labour rights is an urgent necessity. The Philippines and Sri Lanka are two of the leading labour-sending states of women domestic workers in Asia, and their economies have become increasingly dependent on the remittances they send back home. Drawing on extensive original research this book argues that these two sending states are guilty of structural violence by sustaining a network of institutions, policies and practices, which serve to systematically disadvantage and discriminate against women migrant domestic workers. The research covers the entire migration process, from pre-departure, through to overseas employment, followed by return and reintegration. This book's innovative application of structural violence theory as a way to investigate the role of state institutions in labour-sending countries in the Global South will be of interest to researchers from across the fields of migration studies, gender studies, human rights law, and Asian Studies.
This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the issues of power, vulnerability and autonomy. The collection challenges the perception that the law adequately addresses different manifestations of unauthorised medical touch through the lens of women's experiences of unauthorised vaginal examinations during labour. The book unearths several broader themes that are of huge significance to lawyers and healthcare professionals such as the legal status of women and their bodies. The book raises questions about women's experiences during childbirth in hospital settings. It explores the status of women's bodies during labour and childbirth where too easily they become objectified, and it raises important issues around consent. The book highlights links to the law on sexual offences and women's loss of power under the medical gaze. Women's Birthing Bodies and the Law includes contributions from leading feminist philosophers, healthcare professionals, and academics in healthcare and law, and offers pioneering analysis relevant to lawyers and healthcare professionals with an interest in medical law and ethics; feminist theory; criminal law; tort law; and human rights law.
This book critically examines the last few decades of discussion around sex and violence in the media, on social media, in the courtroom and through legislation. The discursive struggles over what constitutes "sexual violence", "victims" and "offenders" is normally determined through narratives: a selective ordering of events and participants. Centrally, the book investigates the social processes involved in the telling of stories of rape and its political implications. From a multidisciplinary feminist perspective, this volume explores what narratives about sexual violence are deemed legitimate at this historical juncture. This volume brings together feminist scholars working in a wide variety of disciplines including law, legal studies, history, gender studies, ethnology, media, criminology and social work from across the globe. Through situated empirical work, these scholars seek to understand currents movements between the criminal justice system and the cultural imagination.
* Explores the many roles women play in the criminal justice system, including victims, justice-involved individuals, and professionals. * Designed to appeal to a generation standing on the threshold of change they believe in and helped to initiate, within the context of contemporary social movements such as the #MeToo movement and Black Lives Matter. * Features an empowerment approach that focuses on the intersection of gender, race, and class.
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. |
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