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Books > Law > English law > Private, property, family > Gender law
* 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.
This book discusses the evolving principle of transitional justice in public international law and international relations from the female perspective at a time when the concept is increasingly recognised by the international community as an effective framework in which to negotiate and manage a community's post-conflict transition to peace and stability. The book adopts a gender lens with a particular focus on women's direct experiences and perceptions either as intended beneficiaries of transitional justice (TJ), protagonists in that process or as practitioners, in order to present a unique view in relation to the development of TJ. The range of experiences and knowledge in this collection provides a fresh and unique perspective through its blend of theory and practice. This book will be of particular interest to students and scholars of law, political science and gender studies.
This book addresses the Business Against Domestic Violence (BADV) project launched by the Corporate Governance Forum of Turkey (CGFT), a research center at Sabanci University School of Management. The goal of BADV is to mobilize companies to combat intimate partner violence (IPV) in Turkey. The project was realized in a collaborative partnership with the United Nations Population Fund (UNFPA), with the support of Sabanci Foundation and in co-operation with Turkish Industrialists and Business Association (TUSIAD). The book is divided into two sections. Section 1, which focuses on the project itself, frames the elimination of IPV as an SDG target, and provides a detailed account of the project's motivation, underlying research, project organization, implementation, and outcome. The question of why gender equality and IPV matter for business is also addressed. Lastly, the role of business schools and management scholars in creating practical and actionable knowledge to achieve development goals is discussed, based on the BADV experience. In turn, Section 2 explores the background of the project and sheds a multidisciplinary light on the local context. The main objective of the book is to encourage business schools and business organizations to form partnerships in pursuit of Goal-5 and other SDG targets, helping to create actionable knowledge and prompt social action. The book presents IPV from all relevant perspectives and focuses on Turkey, a key emerging economy and G-20 country.
Courts can play an important role in addressing issues of inequality, discrimination and gender injustice for women. The feminisation of the judiciary - both in its thin meaning of women's entrance into the profession, as well as its thicker forms of realising gender justice - is a core part of the agenda for gender equality. This volume acknowledges both the diversity of meanings of the feminisation of the judiciary, as well as the complexity of the social and cultural realisation of gender equality. Containing original empirical studies, this book demonstrates the past and present challenges women face to entering the judiciary and progressing their career, as well as when and why they advocate for women's issues while on the bench. From stories of pioneering women to sector-wide institutional studies of the gender composition of the judiciary, this book reflects on the feminisation of the judiciary in the Asia-Pacific.
Despite the pervasive changes that have taken place in women s lives in the past twenty-five years--increased participation in the labor force, the attainment of higher levels of education, and higher salaries--comparable changes in the division of family labor and in the roles of men have lagged considerably. In this timely book, the editors and other experts in feminism and family studies examine the effects of two decades of influence by the women s movement on sex roles and child rearing. While applauding some positive changes, the contributors point to powerful forces of resistance to equality between the sexes, especially "the question of family"--the fear of depriving children of maternal attachment and the belief that working mothers are placing their own interests above those of other family members--as an issue that, until fully addressed, prevents genuine equality between the sexes."
This book identifies, analyses and discusses the nexus of legal issues that have emerged in recent years around sexuality and gender. It audits these against specific human rights requirements and evaluates the outcomes as evidenced in the legislation and caselaw of six leading common law jurisdictions. Beginning with a snapshot of the legal definitions and sanctions associated with the traditional marital family unit, the book examines the subsequently evolving key concepts and constructs before outlining the contemporary international framework of human rights as it relates to matters of sexuality and gender. It proceeds by identifying a set of themes, including the rights to identity, to form a family, to privacy, to equality and to non-discrimination, and undertakes a comparative evaluation of how these and other themes indicate areas of commonality and difference in the approaches adopted in those common law jurisdictions, as illustrated by the associated legislation and caselaw. It then considers why this should be and assesses the implications.
Looking at discrimination, education, environment, health and crime, this volume analyses United States Supreme Court rulings on several legal issues and proposed libertarian solutions to each problem. Setting their own liberal theory of law, each chapter discusses the law at hand, what it should be, and what it would be if their political economic philosophy were the justification of the legal practice. Covering issues such as sexual harassment, religion, markets in human organs, drug prohibition and abortion, this book is a timely contribution to classical liberal debate on law and economics.
This book offers a comprehensive examination of the ways in which the criminal justice system of England and Wales has regulated, and failed or refused to regulate, lesbianism. It identifies the overarching approach as one of silencing: lesbianism has not only been ignored or regarded as unimaginable, but was deliberately excluded from legal discourses. A series of case studies ranging from 1746 to 2013 from parliamentary debates to individual prosecutions shed light on the complex process of regulation through silencing. They illuminate its evolution over three centuries and explore when and why it has been breached. The answers Derry uncovers can be fully understood only in the context of surrounding social and legal developments which are also considered. Lesbianism and the Criminal Law makes an important contribution to the growing bodies of literature on feminism, sexuality and the law and the legal history of sexual offences.
A fascinating exploration of how the law--as viewed and decided by the courts--often embodies fear and prejudice against homosexuality, and thereby, becomes the instrument for discrimination. This valuable book covers a wide range of subjects, illustrating the extent to which the lives of gay persons are touched by these laws and providing a highly critical examination of the response by the American judicial system to our claims for equal protection under the law. Leading law professors and practicing lawyers address the important legal issues and court decisions relevant to male and female homosexuality--criminal punishment for gay sex acts, employment discrimination, child custody, gay organizational rights, and more.
In 1951, a new type of publication appeared on newsstands-the physique magazine produced by and for gay men. For many men growing up in the 1950s and 1960s, these magazines and their images and illustrations of nearly naked men, as well as articles, letters from readers, and advertisements, served as an initiation into gay culture. The publishers behind them were part of a wider world of "physique entrepreneurs": men as well as women who ran photography studios, mail-order catalogs, pen-pal services, book clubs, and niche advertising for gay audiences. Such businesses have often been seen as peripheral to the gay political movement. In this book, David K. Johnson shows how gay commerce was not a byproduct but rather an important catalyst for the gay rights movement. Offering a vivid look into the lives of physique entrepreneurs and their customers, and presenting a wealth of illustrations, Buying Gay explores the connections-and tensions-between the market and the movement. With circulation rates many times higher than the openly political "homophile" magazines, physique magazines were the largest gay media outlets of their time. This network of producers and consumers helped foster a gay community and upend censorship laws, paving the way for open expression. Physique entrepreneurs were at the center of legal struggles, especially against the U.S. Post Office, including the court victory that allowed full-frontal male nudity and open homoeroticism. Buying Gay reconceives the history of the gay rights movement and shows how consumer culture helped create community and a site for resistance.
'Everyone should read Down Girl. It should be distributed in schools and every board room, athletic department and legislative space' - Soraya Chemaly A transformative book on how misogyny works from a hugely influential thinker Misogyny is a hot topic, yet it's often misunderstood. What is misogyny exactly? Who deserves to be called a misogynist? How does misogyny contrast with sexism, and why is it prone to persist - or increase - even when sexist gender roles are waning? In Down Girl moral philosopher Kate Manne argues that misogyny should not be understood primarily in terms of the hatred or hostility some men feel toward all or most women. Rather, it is primarily about controlling, policing, punishing and exiling the "bad" women who challenge male dominance. And it is compatible with rewarding "the good ones" and singling out other women to serve as warnings to those who are out of order. An incredibly forensic analysis of the logic of misogyny from a brilliant thinker, Down Girl is essential reading for the #MeToo era.
This book examines how the prison environment, architecture and culture can affect mental health as well as determine both the type and delivery of mental health services. It also discusses how non-medical practices, such as peer support and prison education programs, offer the possibility of transformative practice and support. By drawing on international contributions, it furthermore demonstrates how mental health in prisons is affected by wider socio-economic and cultural factors, and how in recent years neo-liberalism has abandoned, criminalised and contained large numbers of the world's most marginalised and vulnerable populations. Overall, this collection challenges the dominant narrative of individualism by focusing instead on the relationship between structural inequalities, suffering, survival and punishment. Chapter 2 of this book is available open access under a CC BY 4.0 license via link.springer.com.
In States of Passion: Law, Identity and the Social Construction of
Desire, Professor Yvonne Zylan explores the role of legal discourse
in shaping sexual experience, sexual expression, and sexual
identity. The book focuses on three topics: anti-gay hate crime
laws, same-sex sexual harassment, and same-sex marriage, examining
how sexuality is socially constructed through the
institutionally-specific production of legal discourse.
* Brings a unique perspective on law and sexuality by examining issues through social science. * Contextualizes sexuality and gender issues through multiple perspectives for future criminal justice professionals * Case Studies and "Law in Action" boxes that highlight specific laws and judicial opinions on controversial topics. * Pedagogical features including Learning Objectives, Key Terms, Glossary, and Suggested Readings enhance reader comprehension.
This book uniquely combines a critical examination of the extent and diversity of transphobic hate crime together with a consideration of the victims and offenders. Trans people are marginalised in society and already negotiate complex physical and emotional challenges in order to live authentically in accordance with their self-identified gender presentation. Transphobic hate crime has devastating consequences both for the victim and trans people more generally by reinforcing the female/male binary and punishing gender non-conformity. In this thought-provoking study Jamel examines the history, extent, nature, and victim-offender relationship regarding these crimes whilst also considering the obstacles which affect legislation and policy-making decisions in response to hate crimes against trans people. The concept of a single transgender community is also critiqued in this book by exploring the diversity of trans identities cross-culturally. This original and timely book provides students, academics and those developing an interest in the topic with an understanding of the complexities of transphobic hate crime within the wider context of gender studies and critical criminology.
What should be the primary goals of a judicial appointments system, and how much weight should be placed on diversity in particular? Why is achieving a diverse judiciary across the UK taking so long? Is it time for positive action? What role should the current judiciary play in the appointment of our future judges? There is broad agreement within the UK and other common law countries that diversity raises important questions for a legal system and its officials, but much less agreement about the full implications of recognising diversity as an important goal of the judicial appointments regime. Opinions differ, for example, on the methods, forms, timing and motivations for judicial diversity. To mark the tenth anniversary of the creation of the Judicial Appointments Commission (JAC) in England and Wales, this collection includes contributions from current and retired judges, civil servants, practitioners, current and former commissioners on the JAC and leading academics from Australia, Canada, South Africa and across the UK. Together they provide timely and authoritative insights into past, current and future debates on the search for diversity in judicial appointments. Topics discussed include the role and responsibility of independent appointment bodies; assessments of the JAC's first ten years; appointments to the UK Supreme Court; the pace of change; definitions of 'merit' and 'diversity'; mandatory retirement ages; the use of ceiling quotas; and the appropriate role of judges and politicians in the appointments process.
For most of recorded history, men have held nearly all of the most powerful leadership positions. Today, although women occupy an increasing percentage of leadership positions, in America they hold less than a fifth of positions in both the public and private sectors. The United States ranks 78th in the world for women's representation in political office. In politics, although women constitute a majority of the electorate, they account for only 18 percent of Congress, 10 percent of governors, and 12 percent of mayors of the nation's 100 largest cities. In academia, women account for a majority of college graduates, but only about a quarter of full professors and university presidents. In law, women are almost half of law school graduates, but only 17 percent of the equity partners of major firms, and 22 percent of Fortune 500 general counsels. In business, women constitute a third of MBA graduates, but only 5 percent of Fortune 500 CEOs. In Women and Leadership, the eminent legal scholar Deborah L. Rhode focuses on women's underrepresentation in leadership roles and asks why it persists and what we can do about it. Although organizations generally stand to gain from increasing gender equity in leadership, women's underrepresentation is persistent and pervasive. Rhode explores the reasons, including women's family roles, unconscious gender bias, and exclusion from professional development networks. She stresses that we cannot address the problem at the individual level; instead, she argues that we need broad-based strategies that address the deep-seated structural and cultural conditions facing women. She surveys a range of professions-politics, management, law, and academia-and draws from a survey of prominent women to develop solutions that can successfully chip away at the imbalance. These include developing robust women-to-women networks, enacting laws and policies that address work/life imbalances, and training programs that start at an earlier age. Rhode's clear exploration of the leadership gap and her compelling policy prescriptions will make this an essential book for anyone interested in leveling the playing field for women leaders in America.
This book provides a comparative, neo-institutionalist approach to the different factors impacting state adoption of-or refusal to adopt-same-sex marriage laws. The now twenty-one countries where lesbians and gay men can legally marry include recent or longstanding democracies, republics and parliamentary monarchies, and unitary and federal states. They all reflect different positions with respect to religion and the cultural foundations of the nation. Countries opposed to such legalization, and those having taken measures in recent years to legally reinforce the heterosexual fundaments of marriage, present a similar diversity. This diversity, in a globalized context where the idea of same-sex marriage has become integral to claims for LGBTI equality and indeed LGBTI human rights, gives rise to the following question: which factors contribute to institutionalizing same-sex marriage? The analytical framework used for exploring these factors in this book is neo-institutionalism. Through three neo-institutionalist lenses-historical, sociological and discursive-contributors investigate two aspects of the processes of adoption or opposition of equal recognition of same-sex partnerships. Firstly, they reveal how claims by LGBTIQ movements are being framed politically and brought to parliamentary politics. Secondly, they explore the ways in which same-sex marriage becomes institutionalized (or resisted) through legal and societal norms and practices. Although it adopts neo-institutionalism as its main theoretical framework, the book incorporates a broad range of perspectives, including scholarship on social movements, LGBTI rights, heterosexuality and social norms, and gender and politics.
A sweeping history of the federal legislation that prohibits sex discrimination in education, published on the fiftieth anniversary of Title IX "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance." -Title IX's first thirty-seven words By prohibiting sex discrimination in federally funded education, the 1972 legislation popularly known as Title IX profoundly changed the lives of women and girls in the United States, accelerating a movement for equal education in classrooms, on sports fields, and in all of campus life. 37 Words is the story of Title IX. Filled with rich characters-from Bernice Resnick Sandler, an early organizer for the law, to her trans grandchild-the story of Title IX is a legislative and legal drama with conflicts over regulations and challenges to the law. It's also a human story about women denied opportunities, students struggling for an education free from sexual harassment, and activists defying sexist discrimination. These intersecting narratives of women seeking an education, playing sports, and wanting protection from sexual harassment and assault map gains and setbacks for feminism in the last fifty years and show how some women benefit more than others. Award-winning journalist Sherry Boschert beautifully explores the gripping history of Title IX through the gutsy people behind it. In the tradition of the acclaimed documentary She's Beautiful When She's Angry, 37 Words offers a crucial playbook for anyone who wants to understand how we got here and who is horrified by current attacks on women's rights.
The book analyses the Indian Supreme Court's jurisprudence on homosexuality, its current approach and how its position has evolved in the past ten years. It critically analyses the Court's landmark judgments and its perception of equality, family, marriage and human rights from an international perspective. With the help of European Court of Human Rights' judgments and international conventions, it compares the legal and social discrimination meted out to the Indian LGBTI community with that in the international arena. From a social anthropological perspective, it demonstrates how gay masculinity, although marginalized, serves as a challenge to patriarchy and hegemonic masculinity. This unique book addresses the lack of in-depth literature on gay masculinity, elaborately narrating and analysing contemporary gay masculinity and emerging gay lifestyles in India and highlighting the latest research on the subject of homosexuality in general and in particular with respect to India. It also discusses several new issues concerning the gay men in India supported by the living law approach put forth by Eugen Ehrlich.
Relying on a multidisciplinary framework of inquiry and critical perspective, this edited volume addresses the unique experiences of Black males within various stages of contact in the criminal justice system. It provides a comprehensive overview of the administration of justice, mental and physical health issues faced by Black males, and reintegration into society after system involvement. Recent events-including but by no means limited to the shootings of unarmed Black men by police in Ferguson, Missouri; Baltimore; Minneapolis; and Chicago-have highlighted the disproportionate likelihood of young Black males to encounter the criminal justice system. Black Males and the Criminal Justice System provides a theoretical and empirical review of the need for an intersectional understanding of Black male experiences and outcomes within the criminal justice system. The intersectional approach, which posits that outcomes of societal experiences are determined by the way the interconnected identities of individuals are perceived and responded to by others, is key to recognizing the various forms of oppression that Black males experience, and the impact these experiences have on them and their families. This book is intended for students and scholars in criminology, criminal justice, sociology, race/ethnic studies, legal studies, psychology, and African American Studies, and will serve as a reference for researchers who wish to utilize a progressive theoretical approach to study social control, policing, and the criminal justice system.
Relying on a multidisciplinary framework of inquiry and critical perspective, this edited volume addresses the unique experiences of Black males within various stages of contact in the criminal justice system. It provides a comprehensive overview of the administration of justice, mental and physical health issues faced by Black males, and reintegration into society after system involvement. Recent events-including but by no means limited to the shootings of unarmed Black men by police in Ferguson, Missouri; Baltimore; Minneapolis; and Chicago-have highlighted the disproportionate likelihood of young Black males to encounter the criminal justice system. Black Males and the Criminal Justice System provides a theoretical and empirical review of the need for an intersectional understanding of Black male experiences and outcomes within the criminal justice system. The intersectional approach, which posits that outcomes of societal experiences are determined by the way the interconnected identities of individuals are perceived and responded to by others, is key to recognizing the various forms of oppression that Black males experience, and the impact these experiences have on them and their families. This book is intended for students and scholars in criminology, criminal justice, sociology, race/ethnic studies, legal studies, psychology, and African American Studies, and will serve as a reference for researchers who wish to utilize a progressive theoretical approach to study social control, policing, and the criminal justice system.
This book distinguishes Islam as a spiritual message from the sociopolitical context of its revelation. While the sacred text of the Quran reveals a clear empowerment of women and equality of believers, such spirit is barely reflected in the interpretations. Trapped between Western rhetoric that portrays them as submissive figures in desperate need of liberation, and centuries-old, parochial interpretations that have almost become part of the "sacred," Muslim women are pressured and profoundly misunderstood. Asma Lamrabet laments this state of affairs and the inclination of both Muslims and non-Muslims to readily embrace flawed human interpretations that devalue women rather than remaining faithful to the meaning of the Sacred Text. Full of insight, this study carefully reads the Qur'an to arrive at its deeper spiritual teachings.
Despite a popular view that trials are the focal point of the criminal justice process, in reality, the most frequent way a criminal matter resolves is not through a fiercely fought battle between state and defendant, but instead through a process of negotiation between the prosecution and defence, resulting in a defendant pleading guilty in exchange for agreed concessions from the prosecution. This book presents an original empirical case-study of plea negotiations drawing upon interviews with legal actors and an analysis of defence practitioner case files, to shine light on the processes and ways in which an agreed outcome is reached in criminal prosecutions, within the setting of a jurisdiction, like many others world-wide, which is suffering major shifts in state resources. Plea negotiations, also referred to as "plea bargaining", "negotiated guilty pleas" and "negotiated resolutions" are neither an alloyed benefit nor a detriment for defendants, victims or the criminal justice system generally, and like all compromises, this book shows how the perfect "justice" outcome gives way to the good, or just the reasonably acceptable justice outcome.
Revised and Expanded Edition Wait-what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective? In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence. In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require. |
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