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Books > Law > English law > Private, property, family > Gender law
In the past fifteen years there has been a marked increase in the
international scholarship relating to women in law. The lives and
careers of women in legal practice and the judiciary have been
extensively documented and critiqued, but the central conundrum
remains: Does the presence of women make a difference? What has
been largely overlooked in the literature is the position of women
in the legal academy, although central to the changing culture. To
remedy the oversight, an international network of scholars embarked
on a comparative study, which resulted in this path-breaking book.
The contributors uncover fascinating accounts of the careers of the
academic pioneers as well as exploring broader theoretical issues
relating to gender and culture. The provocative question as to
whether the presence of women makes a difference informs each
contribution.
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This book explores the issue of abortion and women's rights in
contemporary China. With a vast population, China's government has
pursued controversial policies, such as the One Child Policy, in
the past. Today, a rapidly urbanizing society is aging quickly, and
the policies are loosening; but what are the implications for
Chinese women, and how do policies compare to those in the West? In
this groundbreaking book, Dr. Jiang eludicates the Chinese legal
and social history of abortion for the first time in English. This
book will be of interest to lawyers, NGO researchers, feminists and
academics.
This book brings together a group of innovative scholars examining
the contemporary issue of effecting gender and sexuality justice in
the context of Asia, consonant with engendering a just, equitable
and sustainable development for all. These grassroots initiatives
are woven through three complementary sections of the book: gender
justice in Asia, sexuality justice in Asia, and finding resolutions
through conflict. The book foregrounds strategies that aim to call
out and challenge existing gender and sexuality injustices with
regard to women and the LGBTIQA+ community by: assessing the
efficacy of gender mainstreaming policies through micro-credit
schemes for women in East Java, Indonesia; proliferating the
signifiers of the hijab (veil) by postmodern Malay-Muslim women or
'Hijabistas' within the consumerist culture of Malaysia; making
visible the injustices of the Syariah legal system for non-Muslim
women, and ground-breaking legislation that could potentially
recognise same-sex marriages in Thailand; privileging the
narratives of gay women diplomats within the highly masculinised
field of diplomacy in the Asia-Pacific region; foregrounding the
narratives of Filipino gay men, intimate partner violence among
young Indonesian Christian young people, masculine-identifying
lesbians in Singapore, young LGBT people in rural Vietnam, and a
Chinese-Muslim Malaysian female-to-male transgender person; and
proposing new ways of becoming an inclusive church through the
radical act of befriending persons living with HIV and AIDS in
Southeast Asia. This book celebrates diverse and inclusive voices
and strategies of gender and sexual agents of change in envisioning
and bringing to fruition a just and transformative society for all.
It is of interest to students and scholars researching gender and
sexuality in areas of development studies, international relations,
socio-legal studies, and literary studies.
A follow-up to Claiming Anishinaabe, Gehl v Canada is the story of
Lynn Gehl's lifelong journey of survival against the nation-state's
constant genocidal assault against her existence. While Canada set
up its colonial powersincluding the Supreme Court, House of
Commons, Senate Chamber, and the Residences of the Prime Minister
and Governor Generalon her traditional Algonquin territory,
usurping the riches and resources of the land, she was pushed to
the margins, exiled to a life of poverty in Toronto's inner-city.
With only beads in her pocket, Gehl spent her entire life fighting
back, and now offers an insider analysis of Indian Act litigation,
the narrow remedies the court imposes, and of obfuscating
parliamentary discourse, as well as an important critique of the
methodology of legal positivism. Drawing on social identity and
Indigenous theories, the author presents Disenfranchised Spirit
Theory, revealing insights into the identity struggles facing
Indigenous Peoples to this day.
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.
During the 1970s, grassroots women activists in and outside of
prisons forged a radical politics against gender violence and
incarceration. Emily L. Thuma traces the making of this
anticarceral feminism at the intersections of struggles for racial
and economic justice, prisoners' and psychiatric patients' rights,
and gender and sexual liberation. All Our Trials explores the
organizing, ideas, and influence of those who placed criminalized
and marginalized women at the heart of their antiviolence
mobilizations. This activism confronted a "tough on crime"
political agenda and clashed with the mainstream women's movement's
strategy of resorting to the criminal legal system as a solution to
sexual and domestic violence. Drawing on extensive archival
research and first-person narratives, Thuma weaves together the
stories of mass defense campaigns, prisoner uprisings, broad-based
local coalitions, national gatherings, and radical print cultures
that cut through prison walls. In the process, she illuminates a
crucial chapter in an unfinished struggle--one that continues in
today's movements against mass incarceration and in support of
transformative justice.
The figure of the mistress is undoubtedly controversial. She
provokes intense reactions, ranging from fear, to disgust and
revulsion, to excitement and titillation, to sadness and perhaps to
some, love. The mistress is conventionally depicted as a threat to
moral living and someone whose sexuality is considered defective
and toxic. Of course, she is a woman that you would not have as
your friend, and certainly not your wife, since her ethical sense,
if she even has one, is dubious at best. This book subverts these
traditional judgements and offers an unflinching look at the lived
experience of the mistress. Here she is recast as a potentially
loving, free, intimate 'other' woman. Drawing upon feminist
philosophy, contemporary sexual ethics and the current cultural
moment of #MeToo, Mistress Ethics moves beyond a narrative of
infidelity, conventional judgment, the safeguarding of monogamy and
conventional heterosex that permeates our society. It asks what
happens when we let go of our insecurities, judgments and
moralistic relationship philosophies and opt, instead, for an
ethics of kindness. This kindness - underpinned by engaging with
those deemed 'other' and learning from mistresses, both straight
and queer - will teach us new ways of thinking about ethics and
sex, and reveal how we have better sex, and how we can be better to
each other.
This book brings together a range of theoretical perspectives to
consider fundamental questions of health law and the place of the
body within it. Health, and more recently health law, has long been
animated by discussions of particular bodies - whether they are
disordered, diseased, or disabled - but each of these
classificatory regimes claim some knowledge about the body. This
edited collection aims to uncover and challenge the fundamental
assumptions that underpin medico-legal knowledge claims about such
bodies. This exploration is achieved through a mix of perspectives,
but many contributors look towards embodiment as a perspective that
understands bodies to be shaped by their institutional contexts.
Much of this work alerts us to the idea that medical practitioners
not only respond to healthcare issues, but also create them through
their own understandings of 'normality' and 'fixing'. Bodies, as a
result, cannot be understood outside of, or as separate to, their
medical and legal contexts. This compelling book pushes the
possibility of new directions in health care and health justice.
Chapter 5 is available open access under a Creative Commons
Attribution 4.0 International License via link.springer.com.
This book critically analyses the impact of digital media
technologies on police scandal. Using an in-depth analysis of a
viral bystander video of police excessive force filmed at the 2013
Sydney Gay and Lesbian Mardi Gras Parade and uploaded to YouTube,
the book addresses the ways social media video sousveillance can
shape operational and institutional police responses to police
misconduct. The volume features new research on the immediate and
longer-term impacts of social media-generated police scandal on
police legitimacy and accountability and responds to inherent
questions of procedural justice. It interrogates the technological,
political and legal frameworks that govern the relationships
between the police and LGBTQI communities in Australia and beyond
through the 'social media test' - the police narratives created and
contested through social media, mainstream media, and police media.
In doing so, it considers the role of sexual citizenship discourse
as a political, economic and social organizing principle. A
comprehensive and interdisciplinary understanding of 'digital' and
'queer' criminology, this is an essential read for those working at
the intersection of criminology and the digital society, queer
criminology, and critical criminology.
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 argues that past inattentive treatment by state criminal
justice agencies in relation to domestic abuse is now being
self-consciously reversed by neoliberal governing agendas intent on
denouncing crime and holding offenders to account. Criminal
prosecutions are key to the UK government's strategy to end
Violence Against Women and Girls. Crown Prosecution Service policy
affirms that domestic abuse offences are 'particularly serious' and
prosecutors are reminded that it will be rare that the 'public
interest' will not require of such offences through the criminal
courts. Seeking to unpick some of the discourses and perspectives
that may have contributed to the current prosecutorial commitment,
the book considers its emergence within the context of the women's
movement, feminist scholarship and an era of neoliberalism. Three
empirical chapters explore the prosecution commitment on the one
hand, and the impact on women's lives on the other. The book's
final substantive chapter offers a distinctive normative conceptual
framework through which practitioners may think about women who
have experienced domestic abuse that will have both intellectual
appeal and practical application.
This volume draws on several decades of advocacy for law reform to
advance gender equality. The essays illustrate the evolution of
dominant theoretical approaches and trace their application to core
issues, such as the meaning of gender, family formation and roles,
equality in the workplace, reproductive rights and violence. The
selections are international in their range and include recent
works that summarize foundational discussions as well as less
well-known articles and essays which capture defining issues with
enduring resonance. Taken together, these articles form the basis
for discussions of recurring themes such as: how best to define and
account for biological, social or cultural differences based on
gender; how the law can recognize historic and ongoing gender
subordination while supporting individuals' autonomy and agency;
and the nature and role of women's sexuality. They exemplify the
ongoing dialectic between well-intentioned reform and unintended
consequences that characterizes ongoing efforts to advance equality
based on gender.
Confronting the patriarchal origins and male-dominated institutions
of international law, over the last several decades serious
thinking about gender and international law has developed into a
flourishing discourse within its host discipline. From the lecture
theatres and conferences of academia to the corridors of
international institutions frequented by non-governmental
organizations, diplomats, and the bureaucrats of international
institutions, gender issues are now placed firmly on the
international-law agenda. Indeed, scholarship on gender and
international law is now an important and dynamic area of critique
that continues to challenge the failures of the political, legal,
and institutional frameworks of international law. As research in
gender and international law continues to flourish, this new
four-volume collection from Routledge's Critical Concepts in Law
series brings together the most influential scholarship to date,
gathering foundational and canonical theoretical work, together
with innovative and cutting-edge applications and interventions. It
provides an understanding of the development of the field of gender
and international law, as well as highlighting areas of
thought-provoking research to stimulate future developments in the
field. The first volume in the collection ('Defining Gender and
International Law') assembles key works to illustrate the
development of the field and provide users with a clear
understanding of the concepts, methods, and theoretical
underpinnings of gender and international law. Volume II ('Doing
Gender and International Law: Actors and Institutions') brings
gender and international law to life as an action-orientated field,
theoretically sophisticated, but focused on and contributing to
changes in how international and national law-makers treat gendered
issues. Volume III ('Key Legal Themes in Gender and International
Law') provides an overview of the different legal themes that have
engaged scholars analysing international law from feminist,
women-centred, or gendered perspectives. The scholarship assembled
in the final volume ('Critical Movements and Emerging Issues in
Gender and International Law') collects work that encourages
critical reflections about gendered analyses of contemporary issues
in international law. It also highlights where increased attention
is needed, or where current approaches by feminist international
legal scholars might require further scrutiny. With a full index,
together with a comprehensive introduction, newly written by the
learned editors, which places the collected material in its
historical and intellectual context, Gender and International Law
is an essential work of reference and will be welcomed by
researchers, advanced students, practitioners, and policy-makers.
Sexual rules and regulations are among society's oldest yet it is
only in recent decades that this once-stigmatized field has become
the focus of scholarly attention. This volume, which includes some
of the most thought-provoking and hard-to-find essays in the field,
covers a diverse range of topics from sexual orientation and gender
identity to intersexuality and commercial sex, and from HIV/AIDS
and trafficking to polygamy. Through historical, political and
critical-theoretical lenses, and through a global focus, the
selections ask how we conceptualize the groups and acts subjected
to sexual regulation and how regulations in the field implicate and
produce understandings of sexuality and identity. By placing this
variety of works together, Sexuality and Equality Law invites fresh
insights into commonalities and synergies across regulatory arenas
that are often isolated from one another. The volume's introduction
situates all of these works in the broader field and offers readers
an extensive bibliography.
This book is an account of the concept of equality from the
perspective of both theory and practice, and presents methods of
quantifying values. It considers both arguments and evidence, and
tackles equality in its different forms, including economic
equality, education, equality before the law, equality of
opportunity, and gender equality. The book shows that inequality is
a profoundly moral question, noting that there are good practical
reasons for its adoption. It presents a consideration of classical
theories from Aristotle to Hume, as well as contemporary approaches
such as those offered by Rawls, Haidt, Temkin, and Parfit. It also
contemplates issues such as the naturalistic fallacy, and considers
what is different about the Goleman view of moral sensitivity and
the ethical personality. The array of evidence includes the impact
of climate and various plants such as sugar and cotton on the slave
trade, the concept of Gaia, Darwinism, sex inequality, personality,
culture, psychological issues, and the quantification of ethics.
The book concludes with some practical suggestions for improving
equality. It aims to raise awareness of the ways in which equality
can be understood, and achieved. It will be relevant to students
and scholars in philosophy, human rights, and law.
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