Revisits the sex wars of the 1970s and '80s and examines their influence on how we think about sexual harm in the #MeToo era #MeToo's stunning explosion on social media in October 2017 radically changed-and amplified-conversations about sexual violence as it revealed how widespread the issue is and toppled prominent celebrities and politicians. But, as the movement spread, a conflict emerged among feminist supporters and detractors about how punishment should be doled out and how justice should be served. The New Sex Wars reveals that these clashes are nothing new. Delving into the contentious debates from the '70s and '80s, Brenda Cossman traces the striking echoes in the feminist divisions of this earlier period. In exploring the history of past conflicts-the resistance to finding common ground, the media's pleasure in portraying the debates as polarized cat fights, the simplification of viewpoints as pro- and anti-sex-she shows how they have come to shape the #MeToo era. From the '70s to today, Cossman examines tensions between the need for recognition and protection under the law, and the colossal and ongoing failure of that law to redress historic injustice. By circumventing law altogether, #MeToo has led us to question whether justice can be served outside of the courtroom. Cossman argues for a different way forward-one based on reparative models that focus on shared desired outcomes and the willingness to understand the other side. Thoughtful and compelling, The New Sex Wars explores what can been learned from these stories, what traps we repeatedly fall into, how we have been denied our anger, and where to begin to make law work.

Decriminalizing Domestic Violence asks the crucial, yet often overlooked, question of why and how the criminal legal system became the primary response to intimate partner violence in the United States. It introduces readers, both new and well versed in the subject, to the ways in which the criminal legal system harms rather than helps those who are subjected to abuse and violence in their homes and communities, and shares how it drives, rather than deters, intimate partner violence. The book examines how social, legal, and financial resources are diverted into a criminal legal apparatus that is often unable to deliver justice or safety to victims or to prevent intimate partner violence in the first place. Envisioned for both courses and research topics in domestic violence, family violence, gender and law, and sociology of law, the book challenges readers to understand intimate partner violence not solely, or even primarily, as a criminal law concern but as an economic, public health, community, and human rights problem. It also argues that only by viewing intimate partner violence through these lenses can we develop a balanced policy agenda for addressing it. At a moment when we are examining our national addiction to punishment, Decriminalizing Domestic Violence offers a thoughtful, pragmatic roadmap to real reform.

'The kind of book that has you screaming "Yes! Yes! Yes! Now I get it!" on almost every page' Caitlin Moran 'Dr Taylor sets out a compelling case . . . gives voice and agency to women who have experienced trauma and violence' Morning Star She asked for it. She was flirting. She was drinking. She was wearing a revealing dress. She was too confident. She walked home alone. She stayed in that relationship. She was naive. She didn't report soon enough. She didn't fight back. She wanted it. She lied about it. She comes from a bad area. She was vulnerable. She should have known. She should have seen it coming. She should have protected herself. The victim blaming of women is prevalent and normalised in society both in the UK, and around the world. What is it that causes us to blame women who have been abused, raped, trafficked, assaulted or harassed by men? Why are we uncomfortable with placing all of the blame on the perpetrators for their crimes against women and girls? Based on three years of doctoral research and ten years of practice with women and girls, Dr Jessica Taylor explores the many reasons we blame women for male violence committed against them. Written in her unique style and backed up by decades of evidence, this book exposes the powerful forces in society and individual psychology which compel us to blame women subjected to male violence.

Over the last decade, trans rights and gender variation as legal and a human rights issues have been high on the international and national agendas. Improved registration of and attention for gender variation and gender incongruence is accompanied by attention for the often far-reaching requirements that trans persons have to comply with in order to obtain legal recognition of their actual gender identity. A small but rapidly growing number of (mostly European and South American) States have recently reformed their legal frameworks of gender recognition by allowing trans persons to change their official sex registration on the basis of gender self-determination.Against that background, this book brings together international experts to discuss questions and challenges relating to the legal articulation of the emerging right to gender self-determination and its consequences for law and society, such as the future of sex/gender registration and the protection of trans persons against discrimination. Given the importance of State practice for the development of the right to gender self-determination and its implementation in law, particular attention is given to the national contexts of Belgium, Germany and Norway. These three countries may be perceived as world leaders in protecting trans rights, and therefore noteworthy 'laboratories' for future State practice.

Reveals how gender intersects with race, class, and sexual orientation in ways that impact the legal status and well-being of women and girls in the justice system. Women and girls' contact with the justice system is often influenced by gender-related assumptions and stereotypes. The justice practices of the past 40 years have been largely based on conceptual principles and assumptions-including personal theories about gender-more than scientific evidence about what works to address the specific needs of women and girls in the justice system. Because of this, women and girls have limited access to equitable justice and are increasingly caught up in outdated and harmful practices, including the net of the criminal justice system. Gender, Psychology, and Justice uses psychological research to examine the experiences of women and girls involved in the justice system. Their experiences, from initial contact with justice and court officials, demonstrate how gender intersects with race, class, and sexual orientation to impact legal status and well-being. The volume also explains the role psychology can play in shaping legal policy, ranging from the areas of corrections to family court and drug court. Gender, Psychology, and Justice provides a critical analysis of girls' and women's experiences in the justice system. It reveals the practical implications of training and interventions grounded in psychological research, and suggests new principles for working with women and girls in legal settings.

Erika Bachiochi offers an original look at the development of feminism in the United States, advancing a vision of rights that rests upon our responsibilities to others. In The Rights of Women, Erika Bachiochi explores the development of feminist thought in the United States. Inspired by the writings of Mary Wollstonecraft, Bachiochi presents the intellectual history of a lost vision of women's rights, seamlessly weaving philosophical insight, biographical portraits, and constitutional law to showcase the once predominant view that our rights properly rest upon our concrete responsibilities to God, self, family, and community. Bachiochi proposes a philosophical and legal framework for rights that builds on the communitarian tradition of feminist thought as seen in the work of Elizabeth Fox-Genovese and Jean Bethke Elshtain. Drawing on the insight of prominent figures such as Sarah Grimke, Frances Willard, Florence Kelley, Betty Friedan, Pauli Murray, Ruth Bader Ginsburg, and Mary Ann Glendon, this book is unique in its treatment of the moral roots of women's rights in America and its critique of the movement's current trajectory. The Rights of Women provides a synthesis of ancient wisdom and modern political insight that locates the family's vital work at the very center of personal and political self-government. Bachiochi demonstrates that when rights are properly understood as a civil and political apparatus born of the natural duties we owe to one another, they make more visible our personal responsibilities and more viable our common life together. This smart and sophisticated application of Wollstonecraft's thought will serve as a guide for how we might better value the culturally essential work of the home and thereby promote authentic personal and political freedom. The Rights of Women will interest students and scholars of political theory, gender and women's studies, constitutional law, and all readers interested in women's rights.

'Rough sex' has been at the forefront of criminal law in recent years following several high-profile murders of women killed during alleged consensual sex 'gone wrong', leading to widespread calls for reform to prevent the use of what has been termed the 'rough sex defence.' Situated in a global context in which violence against women is one of the leading preventable contributors to death and illness for women aged 18-44 worldwide, this timely collection examines the rough sex defence and responds to some of the wider debates around sex and the law. Drawing on a range of empirical and theoretical standpoints, chapters delve into a range of topics including the female experience of 'unwanted' slapping, choking and spitting during sex, the BDSM community, the impacts of pornography, the normalization and sexualization of violence against women, early depictions of BDSM involving the eroticization of non-consensual relations, problematic perceptions of BDSM as inherently violent, and more. Bows and Herring expertly collate a wide-reaching mix of perspectives to contribute to a powerful feminist investigation of this critical issue. It is a compelling read for scholars interested in the intersection of sex, the law, and the criminal justice system.

Drawing on the insights of Indigenous feminist legal theory, Emily Snyder examines representations of Cree law and gender in books, videos, graphic novels, educational websites, online lectures, and a video game. Although these resources promote the revitalization of Cree law and the principle of miyo-wicehtowin (good relations), Snyder argues that they do not capture the complexities of gendered power relations. The majority of these resources either erase women's legal authority by not mentioning them, or they diminish their agency by portraying Cree laws and gender roles in inflexible, aesthetically pleasing ways that overlook power imbalances and other forms of oppression.

Law, Religion and Homosexuality is the first book-length study of how religion has shaped, and continues to shape, legislation that regulates the lives of gay men and lesbians . Through a systematic examination of how religious discourse influences the making of law - in the form of official interventions made by faith communities and organizations, as well as by expressions of faith by individual legislators - the authors argue that religion continues to be central to both enabling and restricting the development of sexual orientation equality. Whilst some claim that faith has been marginalized in the legislative processes of contemporary western societies, Johnson and Vanderbeck show the significant impact of religion in a number of substantive legal areas relating to sexual orientation including: same-sex sexual relations, family life, civil partnership and same-sex marriage, equality in employment and the provision of goods and services, hate speech regulation, and education. Law, Religion and Homosexuality demonstrates the dynamic interplay between law and religion in respect of homosexuality and will be of considerable interest to a wide audience of academics, policy makers and stakeholders.

How have femininity and masculinity been defined and understood in China from prehistoric times to the present day? Gender History in China presents for the first time in English the work of leading Japanese scholars in the fields of archaeology, history, literature, sociology and law who examine the gender dynamics that have shaped and changed Chinese society over several thousand years. The eighteen chapters and six columns look at the ways gender norms and customary legal practices shaped the family, kinship, and the social order, and how those norms were reflected in work patterns, inheritance, daily life, and literary works. Attention is given to the fundamental principle of qi (material essence) as a building block in cosmology, as well as in legal understandings of family relations. The second part of the volume turns to the dramatic changes in gender patterns from the late nineteenth century, looking at the inflow of new ideas, the struggle for political rights and economic equality, and the institution of new gender norms in socialist and reform-era China. The authors take up such topics as the view of the body in relation to Chinese cosmology, the incorporation of the military man into China's model of hegemonic masculinity, the household registration system as a means of control, the appraisal of "talented women", and the intersection of gender norms and nationalism. Gender History in China enriches our understanding of Chinese history and of contemporary Chinese society.

This book captures the Indian state's difficult dialogue with divorce, mediated largely through religion. By mapping the trajectories of marriage and divorce laws of Hindu, Muslim, and Christian communities in post-colonial India, it explores the dynamic interplay between law, religion, family, minority rights and gender in Indian politics. It demonstrates that the binary frameworks of the private-public divide, individuals versus group rights, and universal rights versus legal pluralism collapse before the peculiarities of religious personal law. Historicizing the legislative and judicial response to decades of public debates and activism on the question of personal law, it suggests that the sustained negotiations over family life within and across the legal landscape provoked a unique and deeply contextual evolution of both, secularism and religion in India's constitutional order. Personal law, therefore, played a key role in defining the place of religion and determining the content of secularism in India's democracy.

A gripping explanation of the biases that lead to the blaming of pregnant women and mothers. Are mothers truly a danger to their children's health? In 2004, a mentally disabled young woman in Utah was charged by prosecutors with murder after she declined to have a Caesarian section and subsequently delivered a stillborn child. In 2010, a pregnant woman who attempted suicide when the baby's father abandoned her was charged with murder and attempted feticide after the daughter she delivered prematurely died. These are just two of the many cases that portray mothers as the major source of health risk for their children. The American legal system is deeply shaped by unconscious risk perception that distorts core legal principles to punish mothers who "fail to protect" their children. In Blaming Mothers, Professor Fentiman explores how mothers became legal targets. She explains the psychological processes we use to confront tragic events and the unconscious race, class, and gender biases that affect our perceptions and influence the decisions of prosecutors, judges, and jurors. Fentiman examines legal actions taken against pregnant women in the name of "fetal protection" including court ordered C-sections and maintaining brain-dead pregnant women on life support to gestate a fetus, as well as charges brought against mothers who fail to protect their children from an abusive male partner. She considers the claims of physicians and policymakers that refusing to breastfeed is risky to children's health. And she explores the legal treatment of lead-poisoned children, in which landlords and lead paint manufacturers are not held responsible for exposing children to high levels of lead, while mothers are blamed for their children's injuries. Blaming Mothers is a powerful call to reexamine who - and what - we consider risky to children's health. Fentiman offers an important framework for evaluating childhood risk that, rather than scapegoating mothers, provides concrete solutions that promote the health of all of America's children. Read a piece by Linda Fentiman on shaming and blaming mothers under the law on The Gender Policy Report.

In The Common Law Inside the Female Body, Anita Bernstein explains why lawyers seeking gender progress from primary legal materials should start with the common law. Despite its reputation for supporting conservatism and inequality, today's common law shares important commitments with feminism, namely in precepts and doctrines that strengthen the freedom of individuals and from there the struggle against the subjugation of women. By re-invigorating both the common law - with a focus on crimes, contracts, torts, and property - and feminist jurisprudence, this highly original work anticipates a vital future for a pair of venerable jurisprudential traditions. It should be read by anyone interested in understanding how the common law delivers an extraordinary degree of liberty and security to all persons - women included.

Winner of the 2022 Association for the Rhetoric of Science, Technology, and Medicine (ARSTM) Book Award Winner of the 2022 Winifred Bryan Horner Outstanding Book Award from the Coalition of Feminist Scholars in the History of Rhetoric and Composition What It Feels Like interrogates an underexamined reason for our failure to abolish rape in the United States: the way we communicate about it. Using affective and feminist materialist approaches to rhetorical criticism, Stephanie Larson examines how discourses about rape and sexual assault rely on strategies of containment, denying the felt experiences of victims and ultimately stalling broader claims for justice. Investigating anti-pornography debates from the 1980s, Violence Against Women Act advocacy materials, sexual assault forensic kits, public performances, and the #MeToo movement, Larson reveals how our language privileges male perspectives and, more deeply, how it is shaped by systems of power-patriarchy, white supremacy, ableism, and heteronormativity. Interrogating how these systems work to propagate masculine commitments to "science" and "hard evidence," Larson finds that US culture holds a general mistrust of testimony by women, stereotyping it as "emotional." But she also gives us hope for change, arguing that testimonies grounded in the bodily, material expression of violation are necessary for giving voice to victims of sexual violence and presenting, accurately, the scale of these crimes. Larson makes a case for visceral rhetorics, theorizing them as powerful forms of communication and persuasion. Demonstrating the communicative power of bodily feeling, Larson challenges the long-held commitment to detached, distant, rationalized discourses of sexual harassment and rape. Timely and poignant, the book offers a much-needed corrective to our legal and political discourses.

Feminism and liberalism need each other, argues Judith Baer. Her provocative book, Feminist Post-Liberalism, refutes both conservative and radical critiques. To make her case, she rejects classical liberalism in favor of a welfare-and possibly socialist-post-liberalism that will prevent capitalism and a concentration of power that reinforces male supremacy. Together, feminism and liberalism can better elucidate controversies in American politics, law, and society. Baer emphasizes that tolerance and self-examination are virtues, but within both feminist and liberal thought these virtues have been carried to extremes. Feminist theory needs liberalism's respect for reason, while liberal theory needs to incorporate emotion. Liberalism focuses too narrowly on the individual, while feminism needs a dose of individualism. Feminist Post-Liberalism includes anthropological foundations of male dominance to explore topics ranging from crime to cultural appropriation. Baer develops a theory that is true to the principles of both feminist and liberal ideologies.

If you say nothing, the system is working. It took Julie Macfarlane a lifetime to say the words out loud-the words that finally broke the calm and traveled farther than she could have imagined. In this clear-eyed account, she confronts her own silence and deeply rooted trauma to chart a remarkable course from sexual abuse victim to agent of change. Going Public merges the worlds of personal and professional, activism and scholarship. Drawing upon decades of legal training, Macfarlane decodes the well-worn methods used by church, school, and state to silence survivors, from first reporting to cross-examination to non-disclosure agreements. At the same time, she lays bare the isolation and exhaustion of going public in her own life, as she takes her abuser to court, challenges her colleagues, and weathers a defamation lawsuit. The result is far more than a memoir. It's a courageous and essential blueprint for going toe-to-toe with the powers behind institutional abuse and protectionism. Macfarlane's experiences bring her to the most important realization of her life: that no one but she can make the decision to stand up and speak about what happened to her.

Illegal. Underground. Deadly. August 1, 1875, Toronto: The naked body of a young woman is discovered in a pine box, half-buried in a ditch along Bloor Street. So begins Jeannie's Demise, a real-life Victorian melodrama that played out in the bustling streets and courtrooms of "Toronto the Good," cast with all the lurid stock characters of the genre. Historian Ian Radforth brings to life an era in which abortion was illegal, criminal proceedings were a spectator sport, and coded advertisements for back-alley procedures ran in the margins of newspapers. At the centre of the story is the elusive and doomed Jeannie Gilmour, a minister's daughter whose independent spirit can only be glimpsed through secondhand accounts and courtroom reports. As rumours swirl about her final weeks and her abortionists stand trial for their lives, a riveted public grapples with questions of guilt and justice, innocence and intent. Radforth's intensive research grounds the tragedy of Jeannie's demise in sharp historical analysis, presenting over a dozen case studies of similar trials in Victorian-era Canada. Part gripping procedural, part meticulous autopsy, Jeannie's Demise opens a rare window into the hidden history of a woman's right to choose.

Law and Gender in Modern Ireland: Critique and Reform is the first generalist text to tackle the intersection of law and gender in this jurisdiction for over two decades. As such, it could hardly have come at a more opportune moment. The topic of law and gender, perhaps more so than at any other time in Irish history, has assumed a dominant place in political and academic debate. Among scholars and policy-makers alike, the regulation of gendered bodies, and the legal status of sexual and gendered identities, is now a highly visible fault line in public discourse. Debates over reproductive justice (exemplified by the recent referendum to remove the '8th Amendment'), increased rights for lesbian, gay, bisexual and transgender persons (including the public-sanctioned introduction of same-sex marriage) and the historic mistreatment of women and young girls have re-shaped Irish public and political life, and encouraged Irish society to re-examine long-unchallenged gender norms. While many traditional flashpoints remain such as abortion and prostitution/sex work, there are also new questions, including surrogacy and the gendered experience of asylum frameworks, which have emerged. As policy-makers seek to enact reforms, they face a population with increasingly polarised perceptions of gender and a legal structure ill-equipped for modern realities. This edited volume directly addresses modern Irish debates on law and gender. Providing an overview of the existing rules and standards, as well as exploring possible options for reform, the collection stands as an important statement on the law in this jurisdiction, and as an invaluable resource for pursuing gendered social change. While the edited collection applies a doctrinal methodology to explain current statutes, case law and administrative practices, the contributors also invoke critical gender, queer and race perspectives to identify and problematise existing (and potential) challenges. This edited collection is essential reading for all who are interested in law, gender and processes of social change in modern Ireland.

This book seeks to rebalance the relationship between comparison and justification to achieve more effective equality and non-discrimination law. As one of the most distinguished equality lawyers of his generation, having appeared in over 40 cases in the House of Lords and the Supreme Court and many leading cases in the Court of Justice, Robin Allen QC is well placed to explore this critical issue. He shows how the principle of equality is nothing if not founded on apt comparisons. By examining the changing way men and women's work has been compared over the last 100 years he shows the importance of understanding the framework for comparison. With these insights, he addresses contemporary problems of age discrimination and conflict of equality rights.

Explores the failures of family court and calls for immediate and permanent change At the turn of the twentieth century, American social reformers created the first juvenile court. They imagined a therapeutic court where informality, specially trained public servants, and a kindly, all-knowing judge would assist children and families. But the dream of a benevolent means of judicial problem-solving was never realized. A century later, children and families continue to be failed by this deeply flawed court. The End of Family Court rejects the foundational premise that family court can do good when intervening in family life and challenges its endless reinvention to survive. Jane M. Spinak illustrates how the procedures and policies of modern family court are deeply entwined in a heritage of racism, a profound disdain for poverty, and assimilationist norms intent on fixing children and families who are different. And the court’s interventionist goals remain steeped in an approach to equity and well-being that demands individual rather than collective responsibility for the security and welfare of families. Spinak proposes concrete steps toward abolishing the court: shifting most family supports out of the court’s sphere, vastly reducing the types and number of matters that need court intervention, and ensuring that any case that requires legal adjudication has the due process protections of a court of law. She calls for strategies that center trusting and respecting the abilities of communities to create and sustain meaningful solutions for families. An abolitionist approach, in turn, celebrates a radical imagination that embraces and supports all families in a fair and equal economic and political democracy.

The first wave of trailblazing female law professors and the stage they set for American democracy. When it comes to breaking down barriers for women in the workplace, Ruth Bader Ginsburg's name speaks volumes for itself-but, as she clarifies in the foreword to this long-awaited book, there are too many trailblazing names we do not know. Herma Hill Kay, former Dean of UC Berkeley School of Law and Ginsburg's closest professional colleague, wrote Paving the Way to tell the stories of the first fourteen female law professors at ABA- and AALS-accredited law schools in the United States. Kay, who became the fifteenth such professor, labored over the stories of these women in order to provide an essential history of their path for the more than 2,000 women working as law professors today and all of their feminist colleagues. Because Herma Hill Kay, who died in 2017, was able to obtain so much first-hand information about the fourteen women who preceded her, Paving the Way is filled with details, quiet and loud, of each of their lives and careers from their own perspectives. Kay wraps each story in rich historical context, lest we forget the extraordinarily difficult times in which these women lived. Paving the Way is not just a collection of individual stories of remarkable women but also a well-crafted interweaving of law and society during a historical period when women's voices were often not heard and sometimes actively muted. The final chapter connects these first fourteen women to the "second wave" of women law professors who achieved tenure-track appointments in the 1960s and 1970s, carrying on the torch and analogous challenges. This is a decidedly feminist project, one that Justice Ruth Bader Ginsburg advocated for tirelessly and admired publicly in the years before her death.

This book focuses on the socio-political environment that allows for the impactful work of NGOs through their proximity to local communities. The book showcases how this space has helped South African women's rights NGOs to bring about crucial legal reforms, which are quite relevant to women's lived realities. Recognizing its limitations, the South African state encourages NGOs to work freely on the ground and with state institutions to ameliorate the conditions for women's rights. The outcome of this state-NGO dynamic can be seen in the numerous human rights gains achieved by NGOs in general, and by women's rights organizations specifically. In addition, vulnerable communities such as women living under customary law have a significantly better chance to access justice. The book then demonstrates the opposite scenario, using Egypt as a case study, where NGOs are viewed as a national threat, and consequently operate under restrictive rules.

The book is about abuses of the domestic violence laws. I am an attorney in Pennsylvania. I was a victim of domestic violence. As a former victim of Domestic Violence, any violence makes me sad. As a conscientious attorney, the widespread abuse of the Domestic Violence Laws makes me sick. Victims of domestic violence need help! They need more shelters and more counselors. They need a criminal justice system that will punish the abusers and put them in jail! HOWEVER, this has to be done through the criminal justice system and through due process. It has to be taken out of civil court. Men's rights have to be protected as well as the women's rights. The current system is being seriously abused and the potential for continuing abuse is astronomical! Vindictive women and unscrupulous attorneys have made a total mockery out of the current system and way too many innocent men are serving a "life sentence" because of it!

Seeing the role of transitional justice as an area of contestation, this book focuses on the principle of equality guaranteed in the access to transitional justice mechanisms. By raising women's experiences in dealing with the law and policies as well as the implications of community and family practices during post-conflict situations, the book shows how these mechanisms may have been implemented mechanically, without considering the different intersections of discrimination, the public and private divides that exist in the local context or the stereotypes and values of international and national actors. The book argues that without unpacking the barriers in the administration of transitional justice, the different mechanisms that are implemented in a post-conflict situation may set a higher threshold for the participation of women. Moreover, by taking into account women's perceptions of justice, it further argues that scholars have paid insufficient attention to the welfare structures that are produced after a conflict, particularly the pensions of veterans. Going beyond the focus on sexual violence, a relationship between the violations and post-conflict economic justice may have longer-term consequences for women since it perpetuates their inequality and lack of recognition in times of peace. The use of transitional justice may thus exacerbate the invisibility of and discrimination against certain sections of the population. Inspired by the work of Hannah Arendt and based on extensive field research in Timor-Leste, the book has larger implications for the overarching debate on the social consequences of transitional justice.