This fourth edition of Merry E. Wiesner-Hanks's prize-winning survey features significant changes to every chapter, designed to reflect the newest scholarship. Global issues have been threaded throughout the book, while still preserving the clear thematic structure of previous editions. Thus readers will find expanded discussions of gendered racial hierarchies, migration, missionaries, and consumer goods. In addition, there is enhanced coverage of recent theoretical directions; the ideas, beliefs, and practices of ordinary people; early industrialization; women's learning, letter writing, and artistic activities; emotions and sentiments; single women and same-sex relations; masculinities; mixed-race and enslaved women; and the life course from birth to death. With geographically broad coverage, including Russia, Scandinavia, the Ottoman Empire, and the Iberian Peninsula, this remains the leading text on women and gender in Europe in this period. Accompanying this essential reading is a completely revised website featuring extensive updated bibliographies, web links, and primary source material.

Transgender and Gender Diverse Persons offers mental health professionals and other caregivers information and best practices for working with transgender and gender diverse persons and their families. In each chapter, experts from a variety of fields provide an accessible introduction to medical, legal, educational, and spiritual care for transgender and gender diverse adults and youth within a range of contexts, including communities and schools in urban and non-urban settings. Appendices include helpful suggestions for online resources, as well as additional reading for practitioners, clients, and their families. With rich examples and personal narratives woven throughout, this is an essential reference for mental health professionals, as well as other service providers, educators, and family members seeking to address the needs of transgender and gender diverse persons in an up-to-date, inclusive manner.

This book examines the history and evolution of Title IX, a landmark 1972 law prohibiting sex discrimination at educational institutions receiving federal funding. Elizabeth Kaufer Busch and William Thro illuminate the ways in which the interpretation and implementation of Title IX have been transformed over time to extend far beyond the law's relatively narrow statutory text. The analysis considers the impact of Title IX on athletics, sexual harassment, sexual assault, and, for a time, transgender discrimination. Combining legal and cultural perspectives and supported by primary documents, Title IX: The Transformation of Sex Discrimination in Education offers a balanced and insightful narrative of interest to anyone studying the history of sex discrimination, educational policy, and the law in the contemporary United States.

This book explores the intersecting issues relating the phenomenon of ageing to gender and family law. The latter has tended to focus mainly on family life in young and middle age; and, indeed, the issues of childhood and parenting are key in many family law texts. Family life for older members has, then, been largely neglected; addressing this neglect, the current volume explores how the issues which might be important for younger people are not necessarily the same as those for older people. The significance of family, the nature of family life, and the understanding of self in terms of one's relationships, tend to change over the life course. For example, the state may play an increasing role in the lives of older people - as access to services, involvement in work and the community, the ability to live independently, and to form or maintain caring relationships, are all impacted by law and policy. This collection therefore challenges the standard models of family life and family law that have been developed within a child/parent-centred paradigm, and which may require rethinking in the turn to family life in old age. Interdisciplinary in its scope and orientation, this book will appeal not just to academic family lawyers and students interested in issues around family law, ageing, gender, and care; but also to sociologists and ethicists working in these areas.

Drawing on empirical data from women who pay for sexual services and those who provide services to women, this ground-breaking study is the first of its kind in the UK, detailing the experiences of women who pay for sex in an explicit, direct, prearranged way. Unlike previous research on clients, which has predominantly focused on men who buy sex or women who engage in romance tourism in places such as the Caribbean, this innovative research offers new and original insights into the demand side of commercial sex. Too often, it is assumed that only men pay for sex from women or other men. Women are assumed to be service providers and are unimaginable as clients. This book therefore offers a radical departure from existing scholarship on commercial sex. In addition, the book examines the experiences of couples who pay for commercial sex, a client group that has received scant investigation. The book explores women's reasons for their engagement in commercial sex services, their backgrounds and characteristics, their strategies for remaining safe and managing potential risks, as well as their sexual health strategies. The nature of sexual service bookings with women clients is also examined, exploring the types of services women seek, the places where bookings occur and the fess they pay. Finally, the experiences of men, women and trans sex workers who provide sexual services to women are examined. By drawing on our unique data and comparing it to the literature on men clients, we present our theory 'Converging Sexualities'. We argue that commercial sex is a site of behavioural convergence and that women clients are behaving in ways that could be described as masculine or feminine. Our study therefore offers new ways to understand sexuality. This book will be of interest to researchers in the field of sexuality, sex work and women's behaviour.

This book looks at the first eight Sanskrit law codes written in India, between 600 BCE and 570 ACE. It focuses on the legal, religious and ethical customs which were codified in this period and their impact on the social and political life of women. The volume analyzes texts such as the Dharma Sutras, the Arthasastra, the Manu Smriti, the Yajnyavalkya Smriti, and Narada Smriti, amongst others. It studies discourses on justice, conduct, virtues and duties, and how early laws were used to systematize patriarchy and the varna caste system in South Asia. It examines how patrimonial laws and male property rights highlighted social anxieties about female chastity and varna lineage, which led to the subordination of women and the lower varnas. These anxieties are most evident in codes from the late Vedic and early classical eras when diverse new settlers arrived upon the subcontinent. At this time, kings decentralized governance and allowed local groups to practice communal laws, while they meted out court justice with a specific law code. As the state became prosperous from trade conducted by merchants of diverse castes, sects, and classes, and social peace was ensured by officials from disparate backgrounds, kings began to rely upon a law code that aspired for equity above intolerance. These chapters examine heterodox Theravada Buddhism and Jainism, their origins in the oligarchic state, their impact on the royal Sanskritic state, as seen in canonical literature. They especially focus on women's roles in heterodox sects, and the emergence of new spaces for women, as such changes were adopted in disparate ways and degrees by other South Asian communities. The volume will be a useful resource for students and researchers of history, women and gender studies, social anthropology, sociology, and law. It will also serve as an information guide for readers who are interested in the political, and social life of women in early India

Liveable Lives examines what makes life liveable for LGBTQ+ people beyond equality reforms. It refuses the colonizing narrative of surviving in a ‘regressive’ Global South and thriving in a ‘progressive’ Global North. By linking the concept of liveability with the decolonial literature on sexualities, this open access book draws on individual's stories, art and writing to examine how lives become liveable across India and the UK, providing a multifaceted investigation of two divergent contexts where activists refuse local framings of exclusion/inclusion and LGBTQ+ lives are continually re-envisioned. Embracing diverse methodologies, including workshops, in-depth interviews, street theatres, and web surveys, the book stands as an example of a queer collaborative praxis that refuses the familiar Global North / Global South practices of theorizing and data gathering. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com.

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.

EPDF and EPUB available Open Access under CC-BY-NC-ND licence. The #MeToo movement sparked many debates and increased the demand for more problematized perspectives on the issue of sexual harassment. This book opens for new understandings of sexual harassment by bringing researchers, writers, and policymakers in the Nordic region into dialogue in an ambitious volume. It asks what role juridical frameworks can and should play in prevention and raises questions about how the image of Nordic states - as gender equal, colour blind and with strong welfare - affects the work against sexual harassment in the region. Re-imagining definitions of justice, violence, exploitation and work, this book offers knowledge of immediate importance for everyone working to prevent sexual harassment, through research, policy making, or in everyday practice.

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.

A sequel to Bauer and Dawuni's pioneering study on gender and the judiciary in Africa (Routledge, 2016), International Courts and the African Woman Judge examines questions on gender diversity, representative benches, and international courts by focusing on women judges from the continent of Africa. Drawing from postcolonial feminism, feminist institutionalism, feminist legal theory, and legal narratives, this book provides fresh and detailed narratives of seven women judges that challenge existing discourse on gender diversity in international courts. It answers important questions about how the politics of judicial appointments, gender, geographic location, class, and professional capital combine to shape the lives of women judges who sit on international courts and argues the need to disaggregate gender diversity with a view to understanding intra-group differences. International Courts and the African Woman Judge will be of interest to a variety of audiences including governments, policy makers, civil society organizations, students of gender studies, and feminist activists interested in all questions of gender and judging.

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.

Reproductive justice (RJ) is a pivotal movement that supplants the language and limitations of reproductive rights. RJ's tenets are that women have the human rights to decide if or when they'll become pregnant, whether to carry a pregnancy to term, and to parent the children they have in safe and healthy environments. Recognizing the importance of the rights at stake when the law addresses parenting and procreation, the authors in this book re-imagine judicial opinions that address the law's treatment of pregnancy and parenting. The cases cover topics such as forced sterilization, pregnancy discrimination, criminal penalties for women who take illegal drugs while pregnant, and state funding for abortion. Though some of the re-imagined cases come to the same conclusions as the originals, each rewritten opinion analyzes how these cases impact the most vulnerable populations, including people with disabilities, poor women, and women of color.

Cosmopolitanism and the Development of the International Criminal Court analyzes a set of prominent and competing discourses that emerged in the context of the development and establishment of the International Criminal Court (ICC). The ICC is the first permanent juridical body designed to prosecute individuals who commit offences including war crimes, crimes against humanity, and genocide. Drawing on scholarship on public memory and human rights, the book argues that international law and the international human rights system play a key role for the development of transnational memory discourses and transnational or cosmopolitan subjectivities. Despite the International Criminal Court being recognized as a landmark development in global cooperation, an examination of key events in the development of the court shows how some state and nonstate actors advance calls for cosmopolitanism while others resist cosmopolitanism to bolster nation-state sovereignty. Drawing on the establishment of the International Criminal Court as a case study, the book examines several events that continue to shape national and international public discourse. The book examines debates that occurred during the drafting process of the international treaty at the United Nations and that led to the groundbreaking inclusion of provisions on gender and sexual violence in the Rome Statute of the ICC in 1998. The analysis discusses the tension between feminist advocates' rhetoric and the discourse of anti-women's rights actors involved in the treaty-making process who resisted such inclusions in international criminal law. The book analyzes other key events related to the establishment of the ICC that invoke tensions between competing demands of cosmopolitanism and national sovereignty, including advocacy campaigns by nongovernmental organizations working to drum up public support of the institution of the International Criminal Court and the debates surrounding the unprecedented act of the United States "unsigning" an international treaty. In sum, this examination of the rhetoric of state and nonstate actors attempting to shape the court according to their visions of global community shows how discourses about international criminal law and human rights are employed not only to advance cosmopolitanism but also to strengthen nationalist discourses.

Konstantinos Kapparis challenges the traditional view that free women, citizen and metic, were excluded from the Athenian legal system. Looking at existing fragmentary evidence largely from speeches, Kapparis reveals that it unambiguously suggests that free women were far from invisible in the legal system and the life of the polis. In the first part of the book Kapparis discusses the actual cases which included women as litigants, and the second part interprets these cases against the legal, social, economic and cultural background of classical Athens. In doing so he explores how factors such as gender, religion, women's empowerment and the rise of the Attic hetaira as a cultural icon intersected with these cases and ultimately influenced the construction of the speeches.

Gender and the Law provides an ideal introduction to gender and feminist theory for students. Beginning with an overview of traditional notions of gender, the book establishes the key feminist and queer legal theories. It provides a basic structure and overview upon which students can build their understanding of some of the complex and controversial topics and debates around gender. Structured thematically, the book explores many fascinating and controversial legal issues, including issues of transgender rights; equal pay and equality in the workplace; societal changes and challenges within the regulation of personal relationships; the law surrounding consent and sexual offences; the role of gender norms in the criminal courts; legal regulation of prostitution and pornography; and the ways in which the law has responded to societal changes surrounding reproduction. With 'thinking points' and 'further reading' suggestions within each chapter, the authors encourage an engagement with critique and theory in order to understand this dynamic and challenging field.

* Offers an international and intersectional view of interpersonal violence and responses to it * Suitable for a wide range of scholars and students in the disciplines of criminal justice, law, human rights, social justice, social work, nursing, criminology, sociology, nursing, medicine, and political or public affairs * Devotes special attention to developing countries where there is lack of a consistent legal definition of domestic violence and where violence against women is widely considered as a private matter

Despite recent reforms to the Turkish Penal Code, the country retains a high level of honour-based violence. This book analyses the motives behind honour-based violence in Turkey and examines the criminal justice system's approach to this type of crime. The work takes a socio-legal approach to explore the concepts of honour, patriarchy, and hierarchy, along with the roles of culture and tradition. It also examines how the legal system deals with this phenomenon, focusing on the decisions of the criminal courts in honour killing cases and drawing on prisoner interviews. These analyses show the extent to which the State follows a patriarchal approach when dealing with honour killings and inform recommendations for improving the legal and criminal justice system so as to deter crimes of this nature.

This book presents a feminist historical materialist analysis of the ways in which the law, policing and penal regimes have overlapped with social policies to coercively discipline the poor and marginalized sectors of the population throughout the history of capitalism. Roberts argues that capitalism has always been underpinned by the use of state power to discursively construct and materially manage those sectors of the population who are most resistant to and marginalized by the instantiation and deepening of capitalism. The book reveals that the law, along with social welfare regimes, have operated in ways that are highly gendered, as gender - along with race - has been a key axis along which difference has been constructed and regulated. It offers an important theoretical and empirical contribution that disrupts the tendency for mainstream and critical work within IPE to view capitalism primarily as an economic relation. Roberts also provides a feminist critique of the failure of mainstream and critical scholars to analyse the gendered nature of capitalist social relations of production and social reproduction. Exploring a range of issues related to the nature of the capitalist state, the creation and protection of private property, the governance of poverty, the structural compulsions underpinning waged work and the place of women in paid and unpaid labour, this book is of great use to students and scholars of IPE, gender studies, social work, law, sociology, criminology, global development studies, political science and history.

In 1991, Anita Hill's testimony during Clarence Thomas's Senate confirmation hearing brought the problem of sexual harassment to a public audience. Although widely believed by women, Hill was defamed by conservatives and Thomas was confirmed to the Supreme Court. The tainting of Hill and her testimony is part of a larger social history in which women find themselves caught up in a system that refuses to believe what they say. Hill's experience shows how a tainted witness is not who someone is, but what someone can become. Why are women so often considered unreliable witnesses to their own experiences? How are women discredited in legal courts and in courts of public opinion? Why is women's testimony so often mired in controversies fueled by histories of slavery and colonialism? How do new feminist witnesses enter testimonial networks and disrupt doubt? Tainted Witness examines how gender, race, and doubt stick to women witnesses as their testimony circulates in search of an adequate witness. Judgment falls unequally upon women who bear witness, as well-known conflicts about testimonial authority in the late twentieth and early twenty-first centuries reveal. Women's testimonial accounts demonstrate both the symbolic potency of women's bodies and speech in the public sphere and the relative lack of institutional security and control to which they can lay claim. Each testimonial act follows in the wake of a long and invidious association of race and gender with lying that can be found to this day within legal courts and everyday practices of judgment, defining these locations as willfully unknowing and hostile to complex accounts of harm. Bringing together feminist, literary, and legal frameworks, Leigh Gilmore provides provocative readings of what happens when women's testimony is discredited. She demonstrates how testimony crosses jurisdictions, publics, and the unsteady line between truth and fiction in search of justice.

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.

"Sometimes ideas change the world. This astonishing, miraculous, shattering, inspiring book captures the origins and the arc of the movement for sex equality. It's a book whose time has come-always, but perhaps now more than ever." -Cass Sunstein, coauthor of Nudge Under certain conditions, small simple actions can produce large and complex "butterfly effects." Butterfly Politics shows how Catharine A. MacKinnon turned discrimination law into an effective tool against sexual abuse-grounding and predicting the worldwide #MeToo movement-and proposes concrete steps that could have further butterfly effects on women's rights. Thirty years after she won the U.S. Supreme Court case establishing sexual harassment as illegal, this timely collection of her previously unpublished interventions on consent, rape, and the politics of gender equality captures in action the creative and transformative activism of an icon. "MacKinnon adapts a concept from chaos theory in which the tiny motion of a butterfly's wings can trigger a tornado half a world away. Under the right conditions, she posits, small actions can produce major social transformations." -New York Times "MacKinnon [is] radical, passionate, incorruptible and a beautiful literary stylist... Butterfly Politics is a devastating salvo fired in the gender wars... This book has a single overriding aim: to effect global change in the pursuit of equality." -The Australian "Sexual Harassment of Working Women was a revelation. It showed how this anti-discrimination law-Title VII-could be used as a tool... It was the beginning of a field that didn't exist until then." -U.S. Supreme Court Justice Ruth Bader Ginsburg

This book addresses the specific position of domestic workers in the context of evolving human rights norms.

Human rights law has somewhat belatedly begun to address the structured inequalities and exclusions that define the domain of domestic work. The continuum of exploitation that has historically defined the everyday of domestic work - exclusion from employment and social security standards and precarious migration status have frequently been neglected. However, as in other areas of international law, it is primarily the moments of crisis, incidents of human trafficking, slavery or forced labour, that have captured the attention of human rights law.

Drawing upon a broad range of case studies, "Care, Migration and Human Rights" presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the CJEU and the European Court of Human Rights on primary care providers, as well as the effect that trends in migration law have on migrant domestic workers. In addition to the question of how migration status impacts upon the effective realisation of rights, the editors also explore wider problems such as the continuing gendered division of labour and the absence of state or societal supports.

This volume will be of interest to lawyers, academics and policy makers in the fields of human rights, migration, and gender studies."

Daniel Paul Schreber (1842-1911) was a senior German judge and jurist. He formulated a unique juridical theology of private life and developed a critical account of oikonomia, the practice of governance and administration. But his theoretical work was largely ignored due to his mental illness and his desire to be a woman in a time inhospitable to transitions. Now, Schreber's Law looks beyond Judge Schreber's mental health to reappraise his distinguished contribution to legal theory. Peter Goodrich evaluates Schreber's jurisprudence by analysing the Memoirs and his interpreters in detail, and sets his work in the context of both the neo-Kantian pure science of fin de siecle German jurisprudence and 21st-century legal theory. In this way, Goodrich shows how Schreber's work challenges the legal thought of his era and opens up a potentially vital approach to contemporary jurisprudence.