The last few decades have seen remarkable developments in international criminal justice, especially in relation to the pursuit of individuals responsible for sexual violence and other gender-based crimes. Historically ignored, justified, or minimised, this category of crimes now has a heightened profile in the international political and judicial arena. Despite this, gender is poorly understood, and blind spots, biases, and stereotypes prevail. This book brings together leading feminist international criminal and humanitarian law academics and practitioners to examine the place of gender in international criminal law (ICL). It identifies and analyses past and current narrow understandings of gender, before considering how a limited conceptualization affects accountability efforts. The authors consider how best to implement a more nuanced understanding of gender in the practice of international criminal law by identifying possible responses, including embedding a sophisticated gender strategy into the practice of ICL, the gender-sensitive application of international human rights and humanitarian law, and encouraging a gender-competent approach to judging in ICL. The authors' aim is to strengthen efforts for accountability for all atrocity crimes-war crimes, crimes against humanity, genocide, and aggression.

Why are women still at a disadvantage in Chinese divorce courts? Despite the increase of gender consciousness in Chinese society and a trove of legislation to protect women, why are Chinese women still disadvantaged in divorce courts? Xin He argues that institutional constraints to which judges are subject, a factor largely ignored by existing literature, play a crucial role. Twisting the divorce law practices are the bureaucratic incentives of courts and their political concerns for social stability. Because of these concerns, judges often choose the most efficient, and safest, way to handle issues in divorce cases. In so doing, they allow the forces of inequality in social, economic, cultural, and political areas to infiltrate their decisions. Divorce requests are delayed; domestic violence is trivialized; and women's child custody is sacrificed. The institutional failure to enforce the laws has become a major obstacle to gender justice. Divorce in China is the only study of Chinese divorce cases based on fieldwork and interviews conducted inside Chinese courtrooms over the course of a decade. With an unusual vantage point, Xin He offers a rare and unfiltered view of the operation of Chinese courts in the authoritarian regime. Through a socio-legal perspective highlighting the richness, sophistication, and cutting-edge nature of the research, Divorce in China is as much an account of Chinese courts in action as a social ethnography of China in the midst of momentous social change.

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.

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 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.

Sex work occupies a legally gray space in Johannesburg, South Africa, and police attitudes towards it are inconsistent and largely unregulated. As I. India Thusi argues in Policing Bodies, this results in both room for negotiation that can benefit sex workers and also extreme precarity in which the security police officers provide can be offered and taken away at a moment's notice. Sex work straddles the line between formal and informal. Attitudes about beauty and subjective value are manifest in formal tasks, including police activities, which are often conducted in a seemingly ad hoc manner. However, high-level organizational directives intended to regulate police obligations and duties toward sex workers also influence police action and tilt the exercise of discretion to the formal. In this liminal space, this book considers how sex work is policed and how it should be policed. Challenging discourses about sexuality and gender that inform its regulation, Thusi exposes the limitations of dominant feminist arguments regarding the legal treatment of sex work. This in-depth, historically informed ethnography illustrates the tension between enforcing a country's laws and protecting citizens' human rights.

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.

This book considers whether coercive control (particularly non-physical forms of family violence) should be prohibited by the criminal law. Based on the premise that traditional understandings of family violence are severely limited, it considers whether the core of family violence is power-based controlling or coercive behavior: attempts by men to psychologically dominate their partners. Such behavior can cause significant psychological, physical and economic harms to victims and is increasingly recognized as a form of human rights abuse. The book considers the new offences that have been introduced in England and Wales (controlling or coercive behavior), Ireland (controlling behavior) and Scotland (domestic abuse). It invites consideration of three key questions: Do conventional criminal laws adequately regulate non-physical abuse? Is the criminal law an appropriate mechanism for responding to the coercive control of family members? And if a new and distinctive offence is warranted, what is the optimal form of that offence? This ground-breaking work is essential reading for researchers and practitioners interested in coercive control and the proper role of the criminal law as a mechanism for regulating family violence.

Intimate Partner Violence is a serious social problem affecting millions in the United States and worldwide. The image of violence enacted by a male aggressor to a female victim dominates public perceptions of intimate partner violence (IPV). This volume examines how this heteronormativity influences reporting and responding to partner violence when those involved do not fit the stereotype of a typical victim of IPV. Research and theory have helped us to understand power dynamics about heterosexual IPV; this book encourages greater attention to the unique issues and power dynamics of IPV in sexual minority populations. Divided into five distinct sections, chapters address research and theories associated with IPV, examining the similarities and differences of IPV within heterosexual and gender minority relationships. Among the topics discussed: Research methodology and scope of the problem Primary prevention and intervention of IPV among sexual and gender minorities Barriers to help-seeking among various populations Promoting outreach and advocacy Criminal justice response to IPV With recommendations for intervention and prevention, criminal justice response and policy, Intimate Partner Violence and the LGBT+ Community: Understanding Power Dynamics will be of use to students, researchers, and practitioners of psychology, criminal justice, and public policy.

This book explores the shortcomings of the criminal justice system's response to sexual violence. Despite a plethora of legal and policy reforms, concerns remain regarding the conviction rates for rape and the extent to which cases fall out of the system. Ample research has highlighted the ongoing impact of 'rape myths' and the presence of an 'implementation gap' whereby policies, provisions and measures - proposed in order to improve the system's response - are frequently not brought into practice, nor utilised as expected. Rape and the Criminal Trial proposes a move beyond representational theory and towards New Materialism and affects, a school of thought which emphasises the importance of embodiment and the ontological intensive regime as necessary in order to generate radical new approaches for understanding this problematic status quo, and in order to move forward to the production of more effective solutions.

This book brings to life the experiences of children affected by maternal imprisonment, and provides unique, in-depth analysis of judicial thinking on this issue. It explores the experiences of children whose mothers are sentenced to imprisonment in England and Wales and contrasts their state-sanctioned separation from their mothers in the criminal courts (where the court may not even be aware of the existence of a child) to the state-sanctioned separation of children from their parents in the family courts, where the child has legal representation and their best interests are the court's paramount consideration. Drawing on detailed empirical research with children, caregivers, and Crown Court judiciary, Maternal Sentencing and the Rights of the Child brings together relevant literature on law, criminology, and human rights to provide insight into the reasons for the differentiated treatment and its implications for children, their caregivers, and wider society.

This book offers a comprehensive examination of the ways in which the criminal justice system of England and Wales has regulated, and failed or refused to regulate, lesbianism. It identifies the overarching approach as one of silencing: lesbianism has not only been ignored or regarded as unimaginable, but was deliberately excluded from legal discourses. A series of case studies ranging from 1746 to 2013 from parliamentary debates to individual prosecutions shed light on the complex process of regulation through silencing. They illuminate its evolution over three centuries and explore when and why it has been breached. The answers Derry uncovers can be fully understood only in the context of surrounding social and legal developments which are also considered. Lesbianism and the Criminal Law makes an important contribution to the growing bodies of literature on feminism, sexuality and the law and the legal history of sexual offences.

Gender quotas are a controversial policy measure. However, over the past twenty years they have been widely adopted around the world and especially in Europe. They are now used in politics, corporate boards, state and local public administration and even in civil society organizations. This book explores this unprecedented phenomenon, providing a unique comparative perspective on gender quotas' adoption across thirteen European countries. It also studies resistance to gender quotas by political parties and supreme courts. Providing up-to-date comprehensive data on gender quotas regulations, Transforming Gender Citizenship proposes a typology of countries, from those which have embraced gender quotas as a new way to promote gender equality in all spheres of social life, to those who have consistently refused gender quotas as a tool for gender equality. Reflecting on divergences and commonalities across Europe, the authors analyze how gender quotas may transform dominant conception of citizenship and gender equality.

Looking at discrimination, education, environment, health and crime, this volume analyses United States Supreme Court rulings on several legal issues and proposed libertarian solutions to each problem. Setting their own liberal theory of law, each chapter discusses the law at hand, what it should be, and what it would be if their political economic philosophy were the justification of the legal practice. Covering issues such as sexual harassment, religion, markets in human organs, drug prohibition and abortion, this book is a timely contribution to classical liberal debate on law and economics.

This book addresses the Business Against Domestic Violence (BADV) project launched by the Corporate Governance Forum of Turkey (CGFT), a research center at Sabanci University School of Management. The goal of BADV is to mobilize companies to combat intimate partner violence (IPV) in Turkey. The project was realized in a collaborative partnership with the United Nations Population Fund (UNFPA), with the support of Sabanci Foundation and in co-operation with Turkish Industrialists and Business Association (TUSIAD). The book is divided into two sections. Section 1, which focuses on the project itself, frames the elimination of IPV as an SDG target, and provides a detailed account of the project's motivation, underlying research, project organization, implementation, and outcome. The question of why gender equality and IPV matter for business is also addressed. Lastly, the role of business schools and management scholars in creating practical and actionable knowledge to achieve development goals is discussed, based on the BADV experience. In turn, Section 2 explores the background of the project and sheds a multidisciplinary light on the local context. The main objective of the book is to encourage business schools and business organizations to form partnerships in pursuit of Goal-5 and other SDG targets, helping to create actionable knowledge and prompt social action. The book presents IPV from all relevant perspectives and focuses on Turkey, a key emerging economy and G-20 country.

This book comprehensively discusses 13 infamous cases of serial and non-serial sexual homicide committed around the globe in the past four decades (1974-2010). Offering a psycho-criminological perspective, it analyzes the cases theoretically (i.e., contributing and precipitating factors, and offender typology) and considers the practical implications (i.e., investigative and crime-preventive measures, and social services). The first book to offer a glimpse of this topic from a global perspective, it adopts a unique approach-case background and critical analysis. As such it is a valuable source of reference for scholars, clinicians, and law enforcement practitioners wanting to gain a better understanding of this type of violent offender.

This book offers an in-depth analysis of the case of Corbett v Corbett, a landmark in terms of law's engagement with sexual identity, marriage, and transgender rights. The judgement was handed down in 1970, but the decision has shaped decades of debate about the law's control and recognition of non-normative gender identities. The decision in this case - that the marriage between the Hon. Arthur Corbett and April Ashley was void on the grounds that April Ashley had been born male - has been profoundly influential across the common law world, and came as a dramatic and intolerant intervention in developing discussions about the relationships between medicine, law, questions of sex versus gender, and personal identity. The case raises fundamental questions concerning law in its historical and intellectual context, in particular relating to the centrality of ordinary language for legal interpretation, and this book will be of interest to students and scholars of language and law, legal history, gender and sexuality.

This book examines how the prison environment, architecture and culture can affect mental health as well as determine both the type and delivery of mental health services. It also discusses how non-medical practices, such as peer support and prison education programs, offer the possibility of transformative practice and support. By drawing on international contributions, it furthermore demonstrates how mental health in prisons is affected by wider socio-economic and cultural factors, and how in recent years neo-liberalism has abandoned, criminalised and contained large numbers of the world's most marginalised and vulnerable populations. Overall, this collection challenges the dominant narrative of individualism by focusing instead on the relationship between structural inequalities, suffering, survival and punishment. Chapter 2 of this book is available open access under a CC BY 4.0 license via link.springer.com.

Das Professorinnenprogramm von Bund und Landern kann bis heute auf dem Gebiet der Wissenschaft neben den forschungsorientierten Gleichstellungsstandards der DFG als das wichtigste bundesweite Gleichstellungsprogramm angesehen werden. In Anbetracht stagnierender Grundmittel und einer daraus resultierenden stetigen Unterfinanzierung haben die mit zusatzlichen Mitteln verknupften Programme an deutschen Hochschulen einen fruchtbaren Boden gefunden. Diese haben ihre Gleichstellungsbemuhungen in den letzten Jahren durch ein breites Massnahmenspektrum deutlich verstarkt, sodass eine tatsachliche Steigerung von weiblichen Wissenschaftlern festgestellt werden kann. Unabhangig von diesem Erfolg darf die Frage der Verfassungsmassigkeit der aktuellen Entwicklungen jedoch nicht in Vergessenheit geraten. Hierzu zeigt der Band die Vereinbarkeit praktisch relevanter Massnahmen mit dem deutschen und europaischen Verfassungsrecht auf.

In 1951, a new type of publication appeared on newsstands-the physique magazine produced by and for gay men. For many men growing up in the 1950s and 1960s, these magazines and their images and illustrations of nearly naked men, as well as articles, letters from readers, and advertisements, served as an initiation into gay culture. The publishers behind them were part of a wider world of "physique entrepreneurs": men as well as women who ran photography studios, mail-order catalogs, pen-pal services, book clubs, and niche advertising for gay audiences. Such businesses have often been seen as peripheral to the gay political movement. In this book, David K. Johnson shows how gay commerce was not a byproduct but rather an important catalyst for the gay rights movement. Offering a vivid look into the lives of physique entrepreneurs and their customers, and presenting a wealth of illustrations, Buying Gay explores the connections-and tensions-between the market and the movement. With circulation rates many times higher than the openly political "homophile" magazines, physique magazines were the largest gay media outlets of their time. This network of producers and consumers helped foster a gay community and upend censorship laws, paving the way for open expression. Physique entrepreneurs were at the center of legal struggles, especially against the U.S. Post Office, including the court victory that allowed full-frontal male nudity and open homoeroticism. Buying Gay reconceives the history of the gay rights movement and shows how consumer culture helped create community and a site for resistance.

This volume examines how gender relations were regulated in ancient Near Eastern and biblical law. The textual corpus examined includes the various pertinent law collections, royal decrees and instructions from Mesopotamia and Hatti, and the three biblical legal collections. Peled explores issues beginning with the wide societal perspective of gender equality and inequality, continues to the institutional perspective of economy, palace and temple, the family, and lastly, sex crimes. All the texts mentioned or referred to in the book are given in an appendix, both in the original languages and in English translation, allowing scholars to access the primary sources for themselves. Law and Gender in the Ancient Near East and the Hebrew Bible offers an invaluable resource for anyone working on Near Eastern society and culture, and gender in the ancient world more broadly.

This edited collection utilises recent advances in theories on masculinities to explore and analyse the ways in which prisons shape performances of gender, both within prison settings and following release from prison. The authors assess here how the highly gendered world of the prison (where the population is overwhelmingly male in most countries) impacts upon the performance of masculinities. Including original pieces from England, Australia, Scotland and the USA, as well as contributions which take a broader methodological and conceptual approach to masculinity, this engaging and original collection holds international appeal and relevance. Cumulatively, the chapters illustrate the importance of considering a nuanced understanding of masculinity within prison research, and as such, will be of particular interest for scholars of penology, gender studies, and the criminal justice system.

This book considers a burgeoning social phenomenon, compensated dating in Hong Kong, that facilitates direct commercial sex exchange between consenting females from their mid-teens through the late 20s and males from their early 20s to mid-adulthood. Informed by the transformation of intimacy, the breakdown of institutional constraints, the emergence of a new female sexual autonomy and the advancement of information technology, this book moves beyond stereotypes of sex work to look at the complexities of compensated dating. The phenomenon of compensated dating is distinctive from most other sex trades in that it involves intense emotional interactions and often extends beyond the commercial boundary. Given the dynamic, flexible and ambiguous nature of compensated dating, it has become more of a space for sexual explorations and less of a rigid model of commercial sex, at least in the eye of the participants. This book walks through how men become involved in compensated dating and also sheds lights on how gender relations are negotiated, with important implications on what it means to be a man and a woman in contemporary Hong Kong society. It also speaks to the broader transformations of some of the key social structures and elements, particularly gender and sexualities, in the era of late modernity.

Despite a popular view that trials are the focal point of the criminal justice process, in reality, the most frequent way a criminal matter resolves is not through a fiercely fought battle between state and defendant, but instead through a process of negotiation between the prosecution and defence, resulting in a defendant pleading guilty in exchange for agreed concessions from the prosecution. This book presents an original empirical case-study of plea negotiations drawing upon interviews with legal actors and an analysis of defence practitioner case files, to shine light on the processes and ways in which an agreed outcome is reached in criminal prosecutions, within the setting of a jurisdiction, like many others world-wide, which is suffering major shifts in state resources. Plea negotiations, also referred to as "plea bargaining", "negotiated guilty pleas" and "negotiated resolutions" are neither an alloyed benefit nor a detriment for defendants, victims or the criminal justice system generally, and like all compromises, this book shows how the perfect "justice" outcome gives way to the good, or just the reasonably acceptable justice outcome.

'As thrilling as a detective novel.' The Times 'Powerful, moving and often captivating.' Financial Times 'A compelling read for anyone who cares about fairness, justice and humanity.' Observer The Sunday Times bestseller ___ Sarah Langford is a barrister. Her job is to stand in court representing the mad and the bad, the vulnerable, the heartbroken and the hopeful. She must become their voice. Sarah weaves their story around the black and white of the law and tell it to the courtroom. These stories may not make headlines but they will change the lives of ordinary people in extraordinary ways. They are stories which, but for a twist of luck, might have been yours. With remarkable candour, Sarah describes eleven cases which reveal what goes on in our criminal and family courts: these are tales of domestic fall out, everyday burglary, sexual indiscretion, and children caught up in the law. They are sometimes shocking and they are often heart-stopping. She examines how she feels as she defends the person standing in the dock. She also shows us how our attitudes and actions can shape not only the outcome of a case, but the legal system itself. ___ What readers are saying: ***** 'Absolutely fascinating . . . thought provoking, powerful and a compelling read.' ***** 'This book broke my heart at times but also contained humour and such poignant insights into the criminal justice system.' ***** 'Sarah writes incredibly well - she's informative while maintaining suspense and tension, and conveys so much emotion in her writing