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Books > Law > English law > Private, property, family > Gender law
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.
What the evolving fight for transgender rights reveals about government power, regulations, and the law Every government agency in the United States, from Homeland Security to Departments of Motor Vehicles, has the authority to make its own rules for sex classification. Many transgender people find themselves in the bizarre situation of having different sex classifications on different documents. Whether you can change your legal sex to "F" or "M" (or more recently "X") depends on what state you live in, what jurisdiction you were born in, and what government agency you're dealing with. In Sex Is as Sex Does, noted transgender advocate and scholar Paisley Currah explores this deeply flawed system, showing why it fails transgender and non-binary people. Providing examples from different states, government agencies, and court cases, Currah explains how transgender people struggle to navigate this confusing and contradictory web of legal rules, definitions, and classifications. Unlike most gender scholars, who are concerned with what the concepts of sex and gender really mean, Currah is more interested in what the category of "sex" does for governments. What does "sex" do on our driver's licenses, in how we play sports, in how we access health care, or in the bathroom we use? Why do prisons have very different rules than social service agencies? Why is there such resistance to people changing their sex designation? Or to dropping it from identity documents altogether? In this thought-provoking and original volume, Sex Is as Sex Does reveals the hidden logics that have governed sex classification policies in the United States and shows what the regulation of transgender identity can tell us about society's approach to sex and gender writ large.Ultimately, Currah demonstrates that, because the difficulties transgender people face are not just the result of transphobia but also stem from larger injustices, an identity-based transgender rights movement will not, by itself, be up to the task of resolving them.
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.
Contributing an original dimension to the significant body of published scholarship on women in 16th-century England, this study examines the largest corpus of women's private writings available to historians: their wills. In these, female voices speak out, commenting on their daily lives, on identity, gender, status, familial relationships and social engagement. Wills show women to have been active participants in a civil society, well aware of their personal authority and potential influence, whose committed actions during life and charitable strategies after death could and did impact the health of that society. From an intensive analysis of more than 1200 wills, this pioneering work focuses on women from all parts of the country and all strata of society, revealing an entire population of articulate, opportunistic, and capable individuals who found the spaces between the lines of the law and used those spaces to achieve personal goals. Author Susan James demonstrates how wills describe strategies for end-of-life care, create platforms of remembrance, and offer insights into the myriad occupational endeavors in which women were engaged. James illuminates how these documents were not simply instruments of bequest and inheritance, but were statements of power and control, catalogues of material culture from which we are able to gauge a woman's understanding of her own reality and the context that formed her environment. Wills were tools and the way in which women wielded these tools offers new ways to look at England in the 16th century and reveals the seminal role women played in its development.
From the rise of far-right regimes to the tumult of the COVID-19 pandemic, recent years have brought global upheaval as well as the sedimentation of longstanding social inequalities. Analyzing the complexities of the current political moment in different geographic regions, this book addresses the paradoxical persistence of neoliberal policies and practices, in order to ground the pursuit of a more just world. Engaging theories of decoloniality, racial capitalism, queer materialism, and social reproduction, this book demonstrates the centrality of sexual politics to neoliberalism, including both social relations and statecraft. Drawing on ethnographic case studies, the authors show that gender and sexuality may be the site for policies like those pertaining to sex trafficking, which bundle together economics and changes to the structure of the state. In other instances, sexual politics are crucial components of policies on issues ranging from the growth of financial services to migration. Tracing the role of sexual politics across different localities and through different political domains, this book delineates the paradoxical assemblage that makes up contemporary neoliberal hegemony. In addition to exploring contemporary social relations of neoliberal governance, exploitation, domination, and exclusion, the authors also consider gender and sexuality as forces that have shaped myriad forms of community-based activism and resistance, including local efforts to pursue new forms of social change. By tracing neoliberal paradoxes across global sites, the book delineates the multiple dimensions of economic and cultural restructuring that have characterized neoliberal regimes and emergent activist responses to them. This innovative analysis of the relationship between gender justice and political economy will appeal to: interdisciplinary scholars in social and cultural studies; legal and political theorists; and the wide range of readers who are concerned with contemporary questions of social justice.
From the rise of far-right regimes to the tumult of the COVID-19 pandemic, recent years have brought global upheaval as well as the sedimentation of longstanding social inequalities. Analyzing the complexities of the current political moment in different geographic regions, this book addresses the paradoxical persistence of neoliberal policies and practices, in order to ground the pursuit of a more just world. Engaging theories of decoloniality, racial capitalism, queer materialism, and social reproduction, this book demonstrates the centrality of sexual politics to neoliberalism, including both social relations and statecraft. Drawing on ethnographic case studies, the authors show that gender and sexuality may be the site for policies like those pertaining to sex trafficking, which bundle together economics and changes to the structure of the state. In other instances, sexual politics are crucial components of policies on issues ranging from the growth of financial services to migration. Tracing the role of sexual politics across different localities and through different political domains, this book delineates the paradoxical assemblage that makes up contemporary neoliberal hegemony. In addition to exploring contemporary social relations of neoliberal governance, exploitation, domination, and exclusion, the authors also consider gender and sexuality as forces that have shaped myriad forms of community-based activism and resistance, including local efforts to pursue new forms of social change. By tracing neoliberal paradoxes across global sites, the book delineates the multiple dimensions of economic and cultural restructuring that have characterized neoliberal regimes and emergent activist responses to them. This innovative analysis of the relationship between gender justice and political economy will appeal to: interdisciplinary scholars in social and cultural studies; legal and political theorists; and the wide range of readers who are concerned with contemporary questions of social justice.
1. Intimate partner violence is a global issue that has received significant attention in recent years, animating political debate, policy reform and scholarly review making this book relevant to a wider audience, including scholars from the US, UK, Europe, North America, Australia and New Zealand. 2. This book will be of significant interest to policy makers, practitioners and advocates in the US, UK, Europe, North America, South America, Australia and New Zealand as well as being relevant for the vibrant international presence of criminology within higher education. 3. This book will be useful supplementary reading for a range of courses on gender, crime and justice, violence against women, and feminist criminology.
Drawing on empirical data from women who pay for sexual services and those who provide services to women, this ground-breaking study is the first of its kind in the UK, detailing the experiences of women who pay for sex in an explicit, direct, prearranged way. Unlike previous research on clients, which has predominantly focused on men who buy sex or women who engage in romance tourism in places such as the Caribbean, this innovative research offers new and original insights into the demand side of commercial sex. Too often, it is assumed that only men pay for sex from women or other men. Women are assumed to be service providers and are unimaginable as clients. This book therefore offers a radical departure from existing scholarship on commercial sex. In addition, the book examines the experiences of couples who pay for commercial sex, a client group that has received scant investigation. The book explores women's reasons for their engagement in commercial sex services, their backgrounds and characteristics, their strategies for remaining safe and managing potential risks, as well as their sexual health strategies. The nature of sexual service bookings with women clients is also examined, exploring the types of services women seek, the places where bookings occur and the fess they pay. Finally, the experiences of men, women and trans sex workers who provide sexual services to women are examined. By drawing on our unique data and comparing it to the literature on men clients, we present our theory 'Converging Sexualities'. We argue that commercial sex is a site of behavioural convergence and that women clients are behaving in ways that could be described as masculine or feminine. Our study therefore offers new ways to understand sexuality. This book will be of interest to researchers in the field of sexuality, sex work and women's behaviour.
Using the UK as a case study the book aims to provide a detailed rationale for the tension between a policy perspective that tries to provide protection for victims of such practices through legislation and the need to better understand a phenomenon that constantly evolves as a result of new technology, disruptive adoption and social norms.
* Brings comprehensive syntheses on emerging topics in pretrial justice (not just pretrial procedure) from international experts to a global audience of criminology and public policy scholars and advanced students * Showcases the work of leading criminologists on the earliest phases of the criminal legal system * Ideal for use in graduate-level courses in courts, corrections, and law enforcement
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 looks at the first eight Sanskrit law codes written in India, between 600 BCE and 570 ACE. It focuses on the legal, religious and ethical customs which were codified in this period and their impact on the social and political life of women. The volume analyzes texts such as the Dharma Sutras, the Arthasastra, the Manu Smriti, the Yajnyavalkya Smriti, and Narada Smriti, amongst others. It studies discourses on justice, conduct, virtues and duties, and how early laws were used to systematize patriarchy and the varna caste system in South Asia. It examines how patrimonial laws and male property rights highlighted social anxieties about female chastity and varna lineage, which led to the subordination of women and the lower varnas. These anxieties are most evident in codes from the late Vedic and early classical eras when diverse new settlers arrived upon the subcontinent. At this time, kings decentralized governance and allowed local groups to practice communal laws, while they meted out court justice with a specific law code. As the state became prosperous from trade conducted by merchants of diverse castes, sects, and classes, and social peace was ensured by officials from disparate backgrounds, kings began to rely upon a law code that aspired for equity above intolerance. These chapters examine heterodox Theravada Buddhism and Jainism, their origins in the oligarchic state, their impact on the royal Sanskritic state, as seen in canonical literature. They especially focus on women's roles in heterodox sects, and the emergence of new spaces for women, as such changes were adopted in disparate ways and degrees by other South Asian communities. The volume will be a useful resource for students and researchers of history, women and gender studies, social anthropology, sociology, and law. It will also serve as an information guide for readers who are interested in the political, and social life of women in early India
This book analyses the gendered nature of patent law and the knowledge governance system it supports. The vast majority of patented inventions are attributed to male inventors. While this has resulted in arguments that there are not enough women working in science, technology, engineering and mathematics, this book maintains that the issue lies with the very nature of patent law and how it governs knowledge. The reason why fewer women patent than men is that patent law and the knowledge governance system it supports are gendered. This book deconstructs patent law to reveal the multiple gendered binaries it embodies, and how these in turn reflect gendered understandings of what constitutes science and an invention, and a scientist and an inventor. Revealing the inherent biases of the patent system, as well as its reliance on an idea of the public domain, the book argues that an egalitarian knowledge governance system must go beyond socialised binaries to better govern knowledge creation, dissemination and maintenance. This book will appeal to scholars and policymakers in the field of patent law, as well as those in law and other disciplines with interests in law, gender and technology.
This book seeks to understand how women judges are situated as legal knowers on the High Court of Australia by asking whether a near-equal gender balance on the High Court has disrupted the Court's historically masculinist gender regime. This book examines how the High Court's gender regime operates once there is more than one woman on the bench. It explores the following questions: How have the Court's gender relations accommodated the presence women on the bench? How have the women themselves accommodated those pre-existing gender relations? How might legal judgments and reasoning change as a result of changing gender dynamics on the bench? To develop answers to these (and other) questions the book pursues a methodology that conceptualises the High Court as an institution with a particular gender regime shaped historically by the dominant gender order of the wider society. The intersection between the (gendered) individuals and the (gendered) institution in which they operate produces and reproduces that institution's gender regime. Hence, the enquiry is not so much asking 'have women judges made a difference?' but rather is asking how should we understand women judges' relationship with the law, a relationship that is shaped as much by the individual judge as by the institutional context in which they operate. Scholars, legal practitioners and researchers interested in judicial reasoning, gender diversity and the legal profession, gender and politics will be interested in this book because it breaks new ground as a case study of a Court's gender regime at a particular time.
This book is a critical summary and exegesis of the work of Nicole Rafter, who was a leading scholar of the history of biological theories of crime causation as well as a profound theorist of the role of history within criminology. It introduces Rafter's key works and assesses her contributions to the fields of feminist criminology, cultural criminology, visual criminology and historical criminology. It also explores her theorization of criminology's identity, scientific status, and possible futures. While many books on criminological theory explain and historically contextualize theory, they do not interrogate the production of theory or the epistemological assumptions behind it. Drawing on the world of Nicole Rafter, this book offers an accessible handbook to her extensive historical studies and to how her work demonstrated the importance of historical theory to criminological knowledge. Furthermore, the author brings Rafter's historical research to life and shows how it speaks to contemporary issues in criminology and punishment. Written in a clear and direct style, this book will appeal to students and scholars of criminological theory, intellectual history, sociology, comparative criminology, and feminist criminology.
This book explores the largely neglected relationship between men, masculinities and honour-based abuse (HBA). There is a common misconception that HBA - whether physical violence, emotional abuse or so-called 'honour' killings - occurs only against women. This book addresses the gap in the current literature concerning the relationship between men, masculinities and HBA. With contributions from an international and interdisciplinary range of both academics and professionals, the book examines HBA and forced marriages specifically from male-victim perspectives, both in the UK and internationally. Providing a clear understanding of the main theoretical and sociological explanations of HBA against male victims, the book demonstrates that, although men are indeed the main perpetrators of HBA, state agencies must address the fact that many men are also victims. This book is essential reading for students, academics, and practitioners alike.
Transitional justice is the way societies that have experienced civil conflict or authoritarian rule and widespread violations of human rights deal with the experience. With its roots in law, transitional justice as an area of study crosses various fields in the social sciences. This book is written with this multi- and inter-disciplinary dynamic of the field in mind. The book presents the broad scope of transitional justice studies through a focus on the theory, mechanisms and debates in the area, covering such topics as: The origin, context and development of transitional justice Victims, victimology and transitional justice Prosecutions for abuses and gross violations of human rights Truth commissions Transitional justice and local justice Gender, political economy and transitional justice Apology, reconciliation and the politics of memory Offering a discussion of the impact and outcomes of transitional justice, this approach provides valuable insight for those who seek both an introduction alongside relatively advanced engagement with the subject. Transitional Justice: Theories, Mechanisms and Debates is an important text for postgraduate and advanced undergraduate students who take courses in transitional justice, human rights and criminal law, as well as a systematic reference text for researchers.
Transitional justice is the way societies that have experienced civil conflict or authoritarian rule and widespread violations of human rights deal with the experience. With its roots in law, transitional justice as an area of study crosses various fields in the social sciences. This book is written with this multi- and inter-disciplinary dynamic of the field in mind. The book presents the broad scope of transitional justice studies through a focus on the theory, mechanisms and debates in the area, covering such topics as: The origin, context and development of transitional justice Victims, victimology and transitional justice Prosecutions for abuses and gross violations of human rights Truth commissions Transitional justice and local justice Gender, political economy and transitional justice Apology, reconciliation and the politics of memory Offering a discussion of the impact and outcomes of transitional justice, this approach provides valuable insight for those who seek both an introduction alongside relatively advanced engagement with the subject. Transitional Justice: Theories, Mechanisms and Debates is an important text for postgraduate and advanced undergraduate students who take courses in transitional justice, human rights and criminal law, as well as a systematic reference text for researchers.
The Indian Constitution is the largest written constitution that guarantees equality to women and empowers the State to take affirmative actions in favour of women. India has adopted International conventions for protection of rights of women and granting them equality and ratified the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) in the year 1993. The National Policy for Women Empowerment was presented in 2001, the goal of that policy to bring about the advancement, development and empowerment of women and enable women to become financially independent. Currently, India is the only country where the economic gender gap is larger than the political gender gap. Women are required to understand their own potential and overcome social barriers. With constant support of the government, change in stereotype mindset and skill development in women, India will continue witnessing gradual increase in women entrepreneurship in future. The aim of this book is to show the latest state of knowledge on the topic of women entrepreneurship, the role of women in business and women empowerment in India. Many aspects relating to role of women in business, sustainable business development and aspects going beyond economic empowerment of women are discussed in addition to presenting legal and regulatory frameworks. This book will be of interest to researchers, academics, policymakers, and students in the fields of entrepreneurship, empowerment, gender studies, and law.
1. This is the only book like it on the market. It has a multi-disciplinary market across criminology, sociology and gender studies, and can be used as key reading on courses on sex crime, gender and sexuality and the sociology of deviance 2. Features include international case studies and a glossary of key terms. 3. The new edition has been fully revised and updated to include up-to-the-minute crime data and literature updates, as well as further coverage of LGBTQ rights, expanded discussion of non-binary identities, and coverage of new studies on online dating, pornography and sexting.
This edited collection provides a forum for rigorous analysis of the necessity for both legal and social change with regard to regulation of same-sex relationships and rainbow families, the status of civil partnership as a concept and the lived reality of equality for LGBTQ+ persons. Twenty-eight jurisdictions worldwide have now legalised same-sex marriage and many others some level of civil partnership. In contrast other jurisdictions refuse to recognise or even criminalise same-sex relationships. At a Council of Europe level, there is no requirement for contracting states to legalise same-sex marriage. Whilst the Court of Justice of the European Union now requires contracting states to recognise same-sex marriages for the purpose of free movement and residency rights, unlike the US Supreme Court, it does not require EU Member States to legalise same-sex marriage. Law and Sociology scholars from five key jurisdictions (England and Wales, Italy, Australia, Canada, and the Republic of Ireland) examine the role of the Council of Europe, European Union and further international regimes. A balanced approach between the competing views of critically analytical rights based theorists and queer and feminist theorists interrogates the current international consensus in this fast moving area. The incrementalist theory whilst offering a methodology for future advances continues to be critiqued. All contributions from differing perspectives expose that even for those jurisdictions who have legalised same-sex marriage, still further and continuous work needs to be done. The book will be of interest to students and scholars in the field of human rights, family and marriage law and gender studies.
In recent decades, laws and workplace policies have emerged that seek to address the "balance" between work and family. Millions of women in the U.S. take some time off when they give birth or adopt a child, making use of "family-friendly" laws and policies in order to spend time recuperating and to initiate a bond with their children. The Balance Gap traces the paths individual women take in understanding and invoking work/life balance laws and policies. Conducting in-depth interviews with women in two distinctive workplace settings-public universities and the U.S. military-Sarah Cote Hampson uncovers how women navigate the laws and the unspoken cultures of their institutions. Activists and policymakers hope that family-friendly law and policy changes will not only increase women's participation in the workplace, but also help women experience greater workplace equality. As Hampson shows, however, these policies and women's abilities to understand and utilize them have fallen short of fully alleviating the tensions that women across the nation are still grappling with as they try to reconcile their work and family responsibilities.
The Poverty of Privacy Rights makes a simple, controversial argument: Poor mothers in America have been deprived of the right to privacy. The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have "weak versions" of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers' experiences with the state-both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers' privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers' lack of privacy is not a function of their reliance on government assistance-rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.
The study of LGBTI matters in international relations, policy studies and human rights is a growing and dynamic field (or set of sub-fields). This book promises the first critical examination of an increasingly important global actor, which is situated between a variety of North-South dialogues and tensions. Contributes a new understanding of familiar material: existing scholarship on EU foreign policy in the human rights space. Offers a fresh interpretation of how we should understand the impact and consequences of the EU's approach to LGBTI rights dissemination.
This volume explores the difficulties that beset African women and inhibit them from excelling in many walks of life in the twenty-first century. Asymmetrical relations in society position women in subjugated and marginalized roles. This is caused by customary practices that have left women in vulnerable and subsidiary positions, as well as statutory provisions that fester this process. Despite its richness in raw materials and minerals, Africa remains slow to grow when compared to other continents. The economies of most African countries is severely anemic: corruption is rife, poor governance is systemic, and wars, conflicts, famine and diseases abound. Stalled economies disproportionately affects women; for example, as nurturers, women have the extra responsibility of taking care of children and members of the extended family. In times of want, women are more likely to give up the little they have so that their children and others may survive. This book shows the various social and legal obstacles that stall women's upward mobility and offers recommendations on how these issues can be resolved. |
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