An innovative collaboration between academics, practitioners, activists and artists, this timely and provocative book rewrites 16 significant Scots law cases, spanning a range of substantive topics, from a feminist perspective. Exposing power, politics and partiality, feminist judges provide alternative accounts that bring gender equity concerns to the fore, whilst remaining bound by the facts and legal authorities encountered by the original court. Paying particular attention to Scotland's distinctive national identity, fluctuating experiences of political sovereignty, and unique legal traditions and institutions, this book contributes in a distinctive register to the emerging dialogue amongst feminist judgment projects across the globe. Its judgments address concerns not only about gender equality, but also about the interplay between gender, class, national identity and citizenship in contemporary Scotland. The book also showcases unique contributions from leading artists which, provoked by the enterprise of feminist judging, or by individual cases, offer a visceral and affective engagement with the legal. The book will be of interest to academics, practitioners and students of Scots law, policy-makers, as well as to scholars of feminist and critical theory, and law and gender, internationally.

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

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

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

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

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.

Gultan Kisanak, a Kurdish journalist and former MP, was elected co-mayor of Diyarbakir in 2014. Two years later, the Turkish state arrested and imprisoned her. Her story is remarkable, but not unique. While behind bars, she wrote about her own experiences and collected similar accounts from other Kurdish women, all co-chairs, co-mayors and MPs in Turkey; all incarcerated on political grounds. The Purple Color of Kurdish Politics is a one-of-a-kind collection of prison writings from more than 20 Kurdish women politicians. Here they reflect on their personal and collective struggles against patriarchy and anti-Kurdish repression in Turkey; on the radical feminist principles and practices through which they transformed the political structures and state offices in which they operated. They discuss what worked and what didn't, and the ways in which Turkey's anti-capitalist and socialist movements closely informed their political stances and practices. Demonstrating Kurdish women's ceaseless political determination and refusal to be silenced - even when behind bars - the book ultimately hopes to inspire women living under even the most unjust conditions to engage in collective resistance.

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 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.

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.

A unique introduction to the constitutional arguments for and against the right to abortion In January 1973, the Supreme Court's opinion in Roe v. Wade struck down most of the country's abortion laws and held for the first time that the Constitution guarantees women the right to safe and legal abortions. Nearly five decades later, in 2022, the Court's 5-4 decision in Dobbs v. Jackson Women's Health Organization overturned Roe and eliminated the constitutional right, stunning the nation. Instead of finally resolving the constitutional issues, Dobbs managed to bring new attention to them while sparking a debate about the Supreme Court's legitimacy. Originally published in 2005, What Roe v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years' experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation-and the constitutional and political clashes that followed it-and explains the Dobbs decision and its aftermath.

This volume is the fully revised and updated version of the first comprehensive commentary on the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. It reflects the developments during the decade following the publication of the first edition in 2012, which has also seen a notable rise in individual complaints (more than 85), ten new General Recommendations, and six new inquiry procedures as well as numerous statements, partly in conjunction with other UN human rights bodies. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'. At a time when the backlash against women's human rights and the concept of gender-based discrimination is increasingly challenged by governments and powerful societal actors, the Commentary is an important instrument to hold all state powers to account on their international obligations under the Convention. The Commentary analyses the interpretation of the Convention through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women. It comprises detailed analyses of the Preamble and each article of the Convention and of the Optional Protocol, including a separate chapter on the cross-cutting substantive issue of violence against women. The sources relied on are the treaty language and the general recommendations, concluding observations, and case law under the Optional Protocol (individual complaints and inquiries), through which the Committee has interpreted and applied the Convention. Each chapter is self-contained, but the Commentary is conceived of as an integral whole. The book also includes an introduction which provides an overview of the Convention and its embedding in the international law of human rights as well as the most recent challenges to women's human rights worldwide.

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.

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.