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.

Despite ongoing challenges to the criminalisation and surveillance of queer lives, police leaders are now promoted as allies and defenders of LGBT rights. However, in this book, Emma K. Russell argues that the surface inclusion of select LGBT identities in the protective aspirations of the law is deeply tenuous and conditional, and that police recognition is both premised upon and reproductive of an imaginary of' 'good queer citizens'-those who are respectable, responsible, and 'just like' their heterosexual counterparts. Based on original empirical research, Russell presents a detailed analysis of the political complexities, compromises, and investments that underpin LGBT efforts to achieve sexual rights and protections. With a historical trajectory that spans the so-called 'decriminalisation' era to the present day, she shows how LGBT activists have both resisted and embraced police incursions into queer space, and how-with LGBT support-police leaders have re-crafted histories of violence as stories of institutional progress. Queer Histories and the Politics of Policing advances broader understandings of the nature of police power and the shifting terrain of sexual citizenship. It will be of interest to students and researchers of criminology, sociology, and law engaged in studies of policing, social justice, and gender and sexuality.

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

This 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.

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.

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.

Originally published in 2004. Nordic Equality at a Crossroads makes a major contribution to the debates on equality and difference in contemporary Europe. In this absorbing work, feminist legal scholars from four Nordic countries provide a critical account of the latest legal policies in these countries linked with gender (in)equality, such as public financing of children's homecare, regulation of the labour market towards substantive equality, and the reforms concerning violence against women. These issues are matters of concern everywhere in Europe, and the solutions adopted in the Nordic countries will be of interest to all policy-makers. The increasing multiculturalism and the shift toward greater market orientation, however, have challenged the traditional Nordic equality policies. The authors argue that a structural and contextual analysis of inequality, also in the field of law, is necessary to encounter the challenge of pluralism.

There is much debate about postfeminism, what it is, and its role in feminist politics. Whilst postfeminism has become increasingly influential in the study of literature, popular culture, and philosophy, it has so far received comparatively little attention in law. This book aims to remedy this situation. The book brings together feminist legal scholars working in different contexts to examine the idea of postfeminism and assess its contemporary relevance. It explores a range of questions including the following: Does postfeminism describe an age that follows modernism, an age where identity politics has realised its goals and feminism is no longer needed? Or does postfeminism describe the feminism of a postmodernist age where identity can mean anything at all? Or, differently again, does the term capture a 'new feminism' that discredits feminism and attempts to reshape its political consciousness? And what might the answers to these questions mean for law and legal theory, and a feminist politics of law reform?

Sex-Positive Criminology proposes a new way to think about sexuality in the fields of criminology and criminal justice. Sex-positivity is framed as a humanizing approach to sexuality that supports the well-being of self and others. It is rooted in the principle of active and ongoing consent, and it encourages perspectives that value bodily autonomy, the right to access education, and respect for sexual difference. In this book, the authors argue that institutions such as prisons, schools, and healthcare facilities, as well as agents of governments, such as law enforcement, correctional officers, and politicians, can unduly cause harm and perpetuate stigma through the regulation and criminalization of sexuality. In order to critique institutions that criminalize and regulate sexuality, the authors of Sex-Positive Criminology examine case studies exploring the criminalization of commercial sex and related harm (at the hands of law enforcement) experienced by those who sell sex. They investigate sex education in schools, reproductive justice in communities and institutions, and restrictions on sexuality in places like prisons, jails, juvenile detention, and immigrant detention facilities. They look into the criminalization of BDSM practices and address concerns about young people's sexuality connected to age of consent and privacy violations. The authors demonstrate how a sex-positive perspective could help criminologists, policymakers, and educators understand not only how to move away from sex-negative frameworks in theory, policy, and practice, but how sex-positive criminological frameworks can be a useful tool to reduce harm and increase personal agency. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, sexuality studies, cultural studies, criminal justice, social theory, and all those interested in the relationship between sexuality and the crimino-legal system.

Sex-Positive Criminology proposes a new way to think about sexuality in the fields of criminology and criminal justice. Sex-positivity is framed as a humanizing approach to sexuality that supports the well-being of self and others. It is rooted in the principle of active and ongoing consent, and it encourages perspectives that value bodily autonomy, the right to access education, and respect for sexual difference. In this book, the authors argue that institutions such as prisons, schools, and healthcare facilities, as well as agents of governments, such as law enforcement, correctional officers, and politicians, can unduly cause harm and perpetuate stigma through the regulation and criminalization of sexuality. In order to critique institutions that criminalize and regulate sexuality, the authors of Sex-Positive Criminology examine case studies exploring the criminalization of commercial sex and related harm (at the hands of law enforcement) experienced by those who sell sex. They investigate sex education in schools, reproductive justice in communities and institutions, and restrictions on sexuality in places like prisons, jails, juvenile detention, and immigrant detention facilities. They look into the criminalization of BDSM practices and address concerns about young people's sexuality connected to age of consent and privacy violations. The authors demonstrate how a sex-positive perspective could help criminologists, policymakers, and educators understand not only how to move away from sex-negative frameworks in theory, policy, and practice, but how sex-positive criminological frameworks can be a useful tool to reduce harm and increase personal agency. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, sexuality studies, cultural studies, criminal justice, social theory, and all those interested in the relationship between sexuality and the crimino-legal system.

She Took Justice: The Black Woman, Law, and Power - 1619 to 1969 proves that The Black Woman liberated herself. Readers go on a journey from the invasion of Africa into the Colonial period and the Civil Rights Movement. The Black Woman reveals power, from Queen Nzingha to Shirley Chisholm. In She Took Justice, we see centuries of courage in the face of racial prejudice and gender oppression. We gain insight into American history through The Black Woman's fight against race laws, especially criminal injustice. She became an organizer, leader, activist, lawyer, and judge - a fighter in her own advancement. These engaging true stories show that, for most of American history, the law was an enemy to The Black Woman. Using perseverance, tenacity, intelligence, and faith, she turned the law into a weapon to combat discrimination, a prestigious occupation, and a platform from which she could lift others as she rose. This is a book for every reader.

Oliver Wendell Holmes, Jr. has been, and continues to be, praised as America's greatest judge and he is widely considered to have done more than anyone else to breathe life into the Constitution's right of free speech, probably the most crucial right for democracy. One indeed finds among professors of constitutional law and federal judges the widespread belief that the scope of the First Amendment owes much of its incredible expansion over the last sixty years to Holmes's judicial dissents in Abrams and Gitlow. In this book, John M. Kang offers the novel thesis that Holmes's dissenting opinions in Abrams and Gitlow drew in part from a normative worldview structured by an idiosyncratic manliness, a manliness which was itself rooted in physical courage. In making this argument, Kang seeks to show how Holmes's justification for the right of speech was a bid to proffer a philosophical commentary about the demands of democracy.

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

This book explores the prosecution of wartime sexual violence in international criminal law and asks what the juridicalisation of gender-based violence signifies for women. The book explores the portrayal of the various gendered identities that surface in armed conflict and it asks whether the law is capable of reflecting these in subsequent judgements. Focusing on the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda as well as subsequent developments in the International Criminal Court, the book shows how the tribunals have delivered landmark jurisprudence in the area of sexual violence against women and provided a legacy for how gender justice is incorporated into international law. However, Daniela Nadj argues that in the relevant cases there is a tendency to depict women in monolithic fashion with little agency or sense of identity beyond their ethnicity. By bringing to the surface the complexity and multi-faceted gendered identities in wartime, the book calls for a reconceptualisation of notions of femininity in armed conflict.

Originally published in 1989. This is the first history of modern France to explore the long-term origins of the libertarian revolt. It traces the moral history from the eighteenth century to the 1960s, examining the questions of marriage and divorce, homosexuality, and sexual morality. It includes detailed chapters on the Marquis de Sade, Charles Fourier, Andre Gide, and Daniel Guerin in order to illustrate the changing legislation, popular thought and public opinion. The result is an enlightening and provocative account which will be of interest to students of modern French history, moral thought and the history of sexual attitudes.

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.

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.

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.

The three Abrahamic faiths have dominated religious conversations for millennia but the relations between state and religion are in a constant state of flux. This relationship may be configured in a number of ways. Religious norms may be enforced by the state as part of a regime of personal law or, conversely, religious norms may be formally relegated to the private sphere but can be brought into the legal realm through the private acts of individuals. Enhanced recognition of religious tribunals or religious doctrines by civil courts may create a hybrid of these two models. One of the major issues in the reconciliation of changing civic ideals with religious tenets is gender equality, and this is an ongoing challenge in both domestic and international affairs. Examining this conflict within the context of a range of issues including marriage and divorce, violence against women and children, and women's political participation, this collection brings together a discussion of the Abrahamic religions to examine the role of religion in the struggle for women's equality around the world. The book encompasses both theory and practical examples of how law can be used to negotiate between claims for gender equality and the right to religion. It engages with international and regional human rights norms and also national considerations within countries. This book will be of great relevance to scholars and policy makers with an interest in law and religion, gender studies and human rights law.

Philosophies of Difference engages with the concept of difference in relation to a number of fundamental philosophical and political problems. Insisting on the inseparability of ontology, ethics and politics, the essays and interview in this volume offer original and timely approaches to thinking nature, sexuate difference, racism, and decoloniality. The collection draws on a range of sources, including Latin American Indigenous ontologies and philosophers such as Henri Bergson, Jacques Derrida, Luce Irigaray, Immanuel Kant, Maurice Merleau-Ponty, Charles Mills, and Eduardo Viveiros de Castro. The contributors think embodiment and life by bringing continental philosophy into generative dialogue with fields including plant studies, animal studies, decoloniality, feminist theory, philosophy of race, and law. Affirming the importance of interdisciplinarity, Philosophies of Difference contributes to a creative and critical intervention into established norms, limits, and categories. Invoking a conception of difference as both constitutive and generative, this collection offers new and important insights into how a rethinking of difference may ground new and more ethical modes of being and being-with. Philosophies of Difference unearths the constructive possibilities of difference for an ethics of relationality, and for elaborating non-anthropocentric sociality. The chapters in this book were originally published in a special issue in Australian Feminist Law Journal.

Originally published in 1998, Sexual Harassment in Higher Education addresses the problem of sexual harassment on college campuses. This work reflects on a variety of aspects of sexual harassment, its litigation and law, as well as how the issues they demonstrate often have as much to do with linguistics or jurisprudence as with negative action, though there is a great deal of evidence of the latter. The book provides a clear-eyed and detailed assessment of the 'harassment' controversies now plaguing America's universities and colleges.

Written from an ethnographic perspective, this book investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine. It examines the way judges, lawyers and litigants operate with respect to the law and with each other, particularly given their different positions in the power structure within the court and within society at large. The book aims at elucidating ambivalences in the codified statutes that allow the actors to find practical solutions to their (often) legally unresolved problems and to manipulate the law. The book demonstrates that present-day judges are not only confronted with novel questions they have to find an answer to, but, perhaps more importantly, they are confronted with contradictions between the letter of codified law and their own notions of justice. The author reminds us that these notions of justice should not be set a priori; they are socially constructed in particular time and space. Making a substantial contribution to a number of theoretical debates on family law and gender, the book will appeal to both academic and non-academic readers alike.

This book critically analyses the impact of digital media technologies on police scandal. Using an in-depth analysis of a viral bystander video of police excessive force filmed at the 2013 Sydney Gay and Lesbian Mardi Gras Parade and uploaded to YouTube, the book addresses the ways social media video sousveillance can shape operational and institutional police responses to police misconduct. The volume features new research on the immediate and longer-term impacts of social media-generated police scandal on police legitimacy and accountability and responds to inherent questions of procedural justice. It interrogates the technological, political and legal frameworks that govern the relationships between the police and LGBTQI communities in Australia and beyond through the 'social media test' - the police narratives created and contested through social media, mainstream media, and police media. In doing so, it considers the role of sexual citizenship discourse as a political, economic and social organizing principle. A comprehensive and interdisciplinary understanding of 'digital' and 'queer' criminology, this is an essential read for those working at the intersection of criminology and the digital society, queer criminology, and critical criminology.

Dare to dissent. Fight for what you believe in. Change the world for the better-and do it all in a lacy collar. Let the "notorious RBG" teach you to find your work-life balance, stand up for your rights, dissent like a woman, and boss it on or off the bench. If you're ready to live life like the queen of the Supreme Court, tie your hair in a scrunchie, pop on those oversized glasses, and find out how to Be More RBG. Whether you feel like your dream career is a million miles away, you're struggling with your gym routine, or you want to change the world, but don't know how to start, ask yourself: What would RBG do? Then find the answers in Be More RBG, which is full of witty and wise quotes from Associate Supreme Court Justice Ruth Bader Ginsburg and tongue-in-cheek advice for every situation.

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