Slaves, mistresses, concubines - the English courts have used these terms to describe polygamous wives in the past, but are they still seen this way today? Using a critical postcolonial feminist lens, this book provides a contextualized exploration of English legal responses to polygamy. Through the legacies of British imperialism, the book shows how attitudes to polygamy are shaped by indifference and hostility towards its participants. This goes beyond the law, as shown by the stories of women shared throughout the book negotiating their identities and relationships in the UK today. Through its analysis, the book demonstrates how polygamy and polygamous wives are subjected to imperialist and orientalist discourses which dehumanise them for practising a relationship that has existed for millennia.

Survivors of conversion practices - interventions meant to stop gender transition - have likened the process to torture. Florence Ashley rethinks and pushes forward the banning of these practices by surveying these bans in different jurisdictions, and addressing key issues around their legal regulation. Ashley also investigates the advantages and disadvantages of legislative approaches to regulating conversion therapies, and provides guidance for how prohibitions can be improved. Finally, Ashley offers a carefully annotated model law that provides detailed guidance for legislatures and policymakers. Most importantly, this book centres the experiences of trans people themselves in its analysis and recommendations.

If justice is an intrinsic value in Islam, why have women been treated as second-class citizens in Islamic legal tradition? Today, the idea of gender equality, inherent to contemporary conceptions of justice, presents a challenge to established, patriarchal interpretations of Shari'a. In thought-provoking discussions with six influential Muslim intellectuals - Abdullahi An-Na'im, Amina Wadud, Asma Lamrabet, Khaled Abou El Fadl, Mohsen Kadivar and Sedigheh Vasmaghi - Ziba Mir-Hosseini explores how egalitarian gender laws might be constructed from within the Islamic legal framework.

The distinct personal laws that govern the major religious groups are a major aspect of Indian multiculturalism and secularism, and support specific gendered rights in family life. Nation and Family is the most comprehensive study to date of the public discourses, processes of social mobilization, legislation and case law that formed India's three major personal law systems, which govern Hindus, Muslims, and Christians. It for the first time systematically compares Indian experiences to those in a wide range of other countries that inherited personal laws specific to religious group, sect, or ethnic group. The book shows why India's postcolonial policy-makers changed the personal laws they inherited less than the rulers of Turkey and Tunisia, but far more than those of Algeria, Syria and Lebanon, and increased women's rights for the most part, contrary to the trend in Pakistan, Iran, Sudan and Nigeria since the 1970s. Subramanian demonstrates that discourses of community and features of state-society relations shape the course of personal law. Ruling elites' discourses about the nation, its cultural groups and its traditions interact with the state-society relations that regimes inherit and the projects of regimes to change their relations with society. These interactions influence the pattern of multiculturalism, the place of religion in public policy and public life, and the forms of regulation of family life. The book shows how the greater engagement of political elites with initiatives among the Hindu majority and the predominant place they gave Hindu motifs in discourses about the nation shaped Indian multiculturalism and secularism, contrary to current understandings. In exploring the significant role of communitarian discourses in shaping state-society relations and public policy, it takes "state-in-society" approaches to comparative politics, political sociology, and legal studies in new directions.

Legislation has traditionally been viewed as a text addressed to and used by lawyers and judges. But with enhanced accessibility via electronic publication of legislation in many Commonwealth jurisdictions, drafters "speak" not only to lawyers and judges, but also to untrained users. This shift of the legislative audience has changed radically the requirements for legislation and its drafting. This is crucially important as the quality of legislation within the Commonwealth remains an essential element of democracy and the rule of law.

The book aims to alert policy officers, legal officers, law reformers, and drafters of the many innovations in the drafting of legislation within the Commonwealth. And ultimately to bring to light the academic foundations of the modern approach to legislative quality, which really boils down to effectiveness of the legislative product.

This book was based on a special issue of Commonwealth Law Bulletin.

Does Canada need any more collections about legal regulation of sex and sexuality? Volumes exist dealing with sex work and pornographies. Certainly, volumes abound dealing with emerging sexualities in Canada and new sexual freedoms. This book seeks to do more than tell a story of broad generalities about the law. It forges the links between the history of law and modern iterations of judgments pertaining to that law. Hence the uncomfortable line between Victorian morality (often) and modern regulation, is thematically explored through the book. More modern iterations of sexual regulation in Canada are being deployed and, in this book, the authors explore the interplay between emerging digital technologies and legal regulation. Newer laws in Canada have been drafted to recognize that sexual expression can be a means of violence inherently, and thus an exploration of modern sexual digital expression and its emerging jurisprudence represent a new frontier in the regulation of sex and sexuality in Canada. We explore how legal regulation has responded to these new crimes. This collection is founded upon the editors' joint experiences in teaching in law and society programs in Canada. The authors have witnessed cobbled together curriculums which rely upon a potpourri of sources from law, criminology, criminal justice and law and society disciplines. There exists a growing interest from university students and legal scholars alike for a reader in the context of law reform and legal change in respect of sexual politics and movements in Canada, especially in the context of more modern iterations of crime and sexual politics. Furthermore, while this collection is intended to be educational in the main, it will foster broader discussions in the context of legal regulation of sex and sexuality in Canadian jurisprudence.

Over the last few decades, there has been a marked increase in media and debate surrounding a specific group of offences in modern Democratic nations which bear the brunt of the label 'crimes against morality'. Included within this group are offences related to prostitution and pornography, homosexuality and incest and child sexual abuse. This book examines the nexus between sex, crime and morality from a theoretical perspective. This is the first academic text to offer an examination and analysis of the philosophical underpinnings of sex-related crimes and social attitudes towards them and the historical, anthropological and moral reasons for differentiating these crimes in contemporary western culture. The book is divided into three sections corresponding to three theoretical frameworks: Part 1 examines the moral temporality of sex and taboo as a foundation for legislation governing sex crimes Part 2 focuses on the geography of sex and deviance, specifically notions of public morality and the public private divide Part 3 examines the moral economy of sex and harm, including the social construction of harm. Sex, Crime and Morality will be key reading for students of criminology, criminal justice, gender studies and ethics, and will also be of interest to justice professionals.

Among the many important tools feminist legal theorists have given scholars is that of anti-essentialism: all women are not created equal, and privilege varies greatly by circumstances,particularly that of race and class. Yet at the same time, feminist legal theory tends to view men through an essentialist lens, in which men are created equal. The study of masculinities, inspired by feminist theory to explore the construction of manhood and masculinity, questions the real circumstances of men, not in order to deny men's privilege but to explore in particular how privilege is constructed, and what price is paid for it. In this groundbreaking work, feminist legal theorist Nancy E. Dowd exhorts readers to apply the anti-essentialist model-so dominant in feminist jurisprudence-to the study of masculinities. She demonstrates how men's treatment by the law and society in general varies by race, economic position, sexuality, and other factors. She applies these insights to both boys and men, examining how masculinities analysis exposes both privilege and subordination. She examines men's experience of fatherhood and sexual abuse, and boys' experience in the contexts of education and juvenile justice. Ultimately, Dowd calls for a more inclusive feminist theory, which, by acknowledging the study of masculinities, can broaden our understanding of privilege and subordination.

In the United States, one in four women will be victims of domestic violence each year. Despite the passage of federal legislation on violence against women beginning in 1994, differences persist across states in how domestic violence is addressed. Inequality Across State Lines illuminates the epidemic of domestic violence in the U.S. through the lens of politics, policy adoption, and policy implementation. Combining narrative case studies, surveys, and data analysis, the book discusses the specific factors that explain why U.S. domestic violence politics and policies have failed to keep women safe at all income levels, and across racial and ethnic lines. The book argues that the issue of domestic violence, and how government responds to it, raises fundamental questions of justice; gender and racial equality; and the limited efficacy of a state-by-state and even town-by-town response. This book goes beyond revealing the vast differences in how states respond to domestic violence, by offering pathways to reform.

In the United States, one in four women will be victims of domestic violence each year. Despite the passage of federal legislation on violence against women beginning in 1994, differences persist across states in how domestic violence is addressed. Inequality Across State Lines illuminates the epidemic of domestic violence in the U.S. through the lens of politics, policy adoption, and policy implementation. Combining narrative case studies, surveys, and data analysis, the book discusses the specific factors that explain why U.S. domestic violence politics and policies have failed to keep women safe at all income levels, and across racial and ethnic lines. The book argues that the issue of domestic violence, and how government responds to it, raises fundamental questions of justice; gender and racial equality; and the limited efficacy of a state-by-state and even town-by-town response. This book goes beyond revealing the vast differences in how states respond to domestic violence, by offering pathways to reform.

This edited collection provides a forum for rigorous analysis of the necessity for both legal and social change with regard to regulation of same-sex relationships and rainbow families, the status of civil partnership as a concept and the lived reality of equality for LGBTQ+ persons. Twenty-eight jurisdictions worldwide have now legalised same-sex marriage and many others some level of civil partnership. In contrast other jurisdictions refuse to recognise or even criminalise same-sex relationships. At a Council of Europe level, there is no requirement for contracting states to legalise same-sex marriage. Whilst the Court of Justice of the European Union now requires contracting states to recognise same-sex marriages for the purpose of free movement and residency rights, unlike the US Supreme Court, it does not require EU Member States to legalise same-sex marriage. Law and Sociology scholars from five key jurisdictions (England and Wales, Italy, Australia, Canada, and the Republic of Ireland) examine the role of the Council of Europe, European Union and further international regimes. A balanced approach between the competing views of critically analytical rights based theorists and queer and feminist theorists interrogates the current international consensus in this fast moving area. The incrementalist theory whilst offering a methodology for future advances continues to be critiqued. All contributions from differing perspectives expose that even for those jurisdictions who have legalised same-sex marriage, still further and continuous work needs to be done. The book will be of interest to students and scholars in the field of human rights, family and marriage law and gender studies.

Survivors of conversion practices - interventions meant to stop gender transition - have likened the process to torture. Florence Ashley rethinks and pushes forward the banning of these practices by surveying these bans in different jurisdictions, and addressing key issues around their legal regulation. Ashley also investigates the advantages and disadvantages of legislative approaches to regulating conversion therapies, and provides guidance for how prohibitions can be improved. Finally, Ashley offers a carefully annotated model law that provides detailed guidance for legislatures and policymakers. Most importantly, this book centres the experiences of trans people themselves in its analysis and recommendations.

To what extent is the legal subject gendered? Using illustrative examples from a range of jurisdictions and thematically organised chapters, this volume offers a comprehensive consideration of this question. With a systematic, accessible approach, it argues that law and gender work to co-produce the legal subject. Cumulatively, the volume's chapters provide a systematic evaluation of the key facets of the legal subject: the corporeal, the functional and the communal. Exploring aspects of the legal subject from the ways in which it is sexed and sexualised to its national and familial dimensions, this volume develops a complete account of the various processes through which legal orders produce gendered subjects. Across its chapters, each theoretically ambitious in its own right, this volume outlines how the law not only acts on the social world, but genders it.

Legal scholars, economists, and international development practitioners often assume that the state is capable of 'securing' rights to land and addressing gender inequality in land tenure. In this innovative study of land tenure in Solomon Islands, Rebecca Monson challenges these assumptions. Monson demonstrates that territorial disputes have given rise to a legal system characterised by state law, custom, and Christianity, and that the legal construction and regulation of property has, in fact, deepened gender inequalities and other forms of social difference. These processes have concentrated formal land control in the hands of a small number of men leaders, and reproduced the state as a hypermasculine domain, with significant implications for public authority, political participation, and state formation. Drawing insights from legal scholarship and political ecology in particular, this book offers a significant study of gender and legal pluralism in the Pacific, illuminating ongoing global debates about gender inequality, land tenure, ethnoterritorial struggles and the post colonial state.

This book brings together literature, empirical research findings from two projects, and policy analysis to examine how some forces in England have adopted the approach of treating crimes against sex workers as hate crimes. This book identifies some of the benefits of the hate crime approach to crimes against sex workers, both operationally and for some of the victims of crime. The authors argue that the hate crime approach should not be seen as an alternative to decriminalisation of sex work but can provide a pathway to achieving more sensitive but robust policing of crimes against sex workers and support in accessing justice through the criminal justice system. They also examine the broader context of hate crime policy and scholarship as they debate the relevance, problems and merits of the sex work hate crime model. The book provides another dimension to current theoretical and policy debates about widening definitions and law around hate crime to include other groups beyond existing protected characteristics.

To what extent is the legal subject gendered? Using illustrative examples from a range of jurisdictions and thematically organised chapters, this volume offers a comprehensive consideration of this question. With a systematic, accessible approach, it argues that law and gender work to co-produce the legal subject. Cumulatively, the volume's chapters provide a systematic evaluation of the key facets of the legal subject: the corporeal, the functional and the communal. Exploring aspects of the legal subject from the ways in which it is sexed and sexualised to its national and familial dimensions, this volume develops a complete account of the various processes through which legal orders produce gendered subjects. Across its chapters, each theoretically ambitious in its own right, this volume outlines how the law not only acts on the social world, but genders it.

How have American women voted in the first 100 years since the ratification of the Nineteenth Amendment? How have popular understandings of women as voters both persisted and changed over time? In A Century of Votes for Women, Christina Wolbrecht and J. Kevin Corder offer an unprecedented account of women voters in American politics over the last ten decades. Bringing together new and existing data, the book provides unique insight into women's (and men's) voting behavior, and traces how women's turnout and vote choice evolved across a century of enormous transformation overall and for women in particular. Wolbrecht and Corder show that there is no such thing as 'the woman voter'; instead they reveal considerable variation in how different groups of women voted in response to changing political, social, and economic realities. The book also demonstrates how assumptions about women as voters influenced politicians, the press, and scholars.

Is prostitution immoral? In this book, Rob Lovering argues that it is not. Offering a careful and thorough critique of the many-twenty, to be exact-arguments for prostitution's immorality, Lovering leaves no claim unchallenged. Drawing on the relevant literature along with his own creative thinking, Lovering offers a clear and reasoned moral defense of the world's oldest profession. Lovering demonstrates convincingly, on both consequentialist and nonconsequentialist grounds, that there is nothing immoral about prostitution between consenting adults. The legal implications of this view are also brought to bear on the current discourse surrounding this controversial topic.

This volume provides an alternate history of health law by rewriting key judicial opinions from a feminist perspective. Each chapter includes a rewritten opinion penned by a leading scholar relying exclusively on court precedents and scientific understanding available at the time of the original decision accompanied by commentary from an expert placing the case in historical context and explaining how the feminist judgment might have shaped a different path for subsequent developments. It provides a map of the health law field-where paternalism, individualism, gender stereotypes, and tensions over the public-private divide shape decisions about informed consent, medical and nursing malpractice, the relationships among health care professionals and the institutions where they work, end-of-life care, reproductive health care, biomedical research, ownership of human tissues and cells, the influence of religious directives on health care standards, health care discrimination, long-term care, private health insurance, Medicaid coverage, the Affordable Care Act, and more.

Sexual harassment in Japanese politics examines a problem that violates women's human rights and prevents a flourishing democracy. Japan fares badly in international gender equality indices, especially for female political representation. The scarcity of women in politics reflects the status of women and also exacerbates it. Based on interviews with female politicians around the country from all levels of government, this book sheds light on the sexist and sometimes dangerous environments in Japanese legislative assemblies. These environments reflect and recreate broader sexual inequalities in Japanese society and are a hothouse for sexual harassment. Like many places around the world, workplace sexual harassment laws and regulations in Japan often fail to protect women from being harassed. Even more, in the 'workplace' of the legislative council, such regulations are typically absent. This book discusses what this means for women in politics in the context of a broader culture whereby victims of sexual violence are largely silenced.

This Open Access book aims to find out how and why states in various regions and of diverse cultural backgrounds fail in their gender equality laws and policies. In doing this, the book maps out states' failures in their legal systems and unpacks the clashes between different levels and forms of law-namely domestic laws, local regulations, or the implementation of international law, individually or in combination. By taking off from the confirmation that the concept of law that is to be used in achieving gender equality is a multidimensional, multi-layered, and to an extent, contradictory phenomenon, this book aims to find out how different layers of laws interact and how they impact gender equality. Further to that, by including different states and jurisdictions into its analysis, this book unravels whether there are any similarities/patterns in how these states define and utilise policies and laws that harm gender equality. In this way, the book contributes to the efforts to devise holistic and universal policies to address various forms of gender inequalities across the world. This volume will be of interest to scholars and students in Gender Studies, Sociology, Law, and Criminology.

Access to medical treatment for trans youth occupies a haphazard and dynamic legal landscape. In this comprehensive scholarly analysis of the historical and current legal principles, Steph Jowett examines the medico-legal nexus of regulation of this healthcare in Australia and in England and Wales. This is informed by an in-depth discussion of the medical literature on treatment for trans youth, including clinical guidelines, the outcomes of treatment and outcomes for trans youth who are unable to be treated. With illustrative examples and clear language, Jowett argues that legal barriers to clinical practice should be congruent with and reflect the current state of medical knowledge. Not only does Jowett assess the extent to which key legal decisions have been consistent with medical knowledge in the past, but she offers a nuanced, comparative perspective that will inform reform efforts in the future.

Demands for redress of historical injustice are a crucial component of contemporary struggles for social and transnational justice. However, understanding when and why an unjust history matters for considerations of justice in the present is not straightforward. Alasia Nuti develops a normative framework to identify which historical injustices we should be concerned about, to conceptualise the relation between persistence and change and, thus, conceive of history as newly reproduced. Focusing on the condition of women in formally egalitarian societies, the book shows that history is important to theorise the injustice of gender inequalities and devise transformative remedies. Engaging with the activist politics of the unjust past, Nuti also demonstrates that the reproduction of an unjust history is dynamic, complex and unsettling. It generates both historical and contemporary responsibilities for redress and questions precisely those features of our order that we take for granted.

In Policing the Womb, Michele Goodwin explores how states abuse laws and infringe on rights to police women and their pregnancies. This book looks at the impact of these often arbitrary laws which can result in the punishment, incarceration, and humiliation of women, particularly poor women and women of color. Frequently based on unscientific claims of endangering a fetus, these laws allow extraordinary powers to state authorities over reproductive freedom and pregnancies. In this book, Michele Goodwin discusses real examples of women whose pregnancies have been controlled by the law and what has led to the United States being the deadliest country in the developed world for a woman to be pregnant.

Demands for redress of historical injustice are a crucial component of contemporary struggles for social and transnational justice. However, understanding when and why an unjust history matters for considerations of justice in the present is not straightforward. Alasia Nuti develops a normative framework to identify which historical injustices we should be concerned about, to conceptualise the relation between persistence and change and, thus, conceive of history as newly reproduced. Focusing on the condition of women in formally egalitarian societies, the book shows that history is important to theorise the injustice of gender inequalities and devise transformative remedies. Engaging with the activist politics of the unjust past, Nuti also demonstrates that the reproduction of an unjust history is dynamic, complex and unsettling. It generates both historical and contemporary responsibilities for redress and questions precisely those features of our order that we take for granted.