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Books > Law > English law > Private, property, family > Gender law
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.
Honour based violence and abuse manifests itself in different forms, and this book offers a comprehensive understanding of this phenomenon. This book argues that the limits of honour crimes must be defined more widely so that they include conducts and behaviours that originate from the patriarchal notion of honour, such as honour based oppression and breast ironing. The book provides a critical analysis and synthesis of the law in England and Wales and in the international human rights sphere. The relevant domestic legislation and cases are examined to reflect on whether adequate protection is provided for the victims and potential victims of honour based violence and abuse. Since honour based violence is a violation of human rights, the relevant international human rights law is examined to illustrate the perception of such crimes in the international arena. The effectiveness of any remedy for victims of honour based violence and abuse depends on its capability to change deep rooted behaviours in communities with honour based patriarchal values. This book argues that the law does not provide the effective impact required, in part due to patriarchal structures, and that more efforts should be dedicated to changes in education. It is held that there is a need for an educational programme that is especially designed to tackle violence and promote gender equality. The book will be essential reading for academics, researchers and policy-makers working in the areas of Human Rights Law, Criminal Law and Gender Studies.
This book examines the experiences of gay and bisexual men who lived in Scotland during an era when all homosexual acts were illegal, tracing the historical relationship between Scottish society, the state and its male homosexual population using a combination of oral history and extensive archival research.
It contributes to the field of posthumanism through its application of posthuman feminism to international law Interdisciplinary approach. Will appeal to students and scholars with interests in legal, feminist, and posthuman theory, as well as those concerned with the contemporary challenges faced by international law.
Set in different national contexts (Brazil, Bulgaria, France, Germany, Laos, Norway, Thailand) and in different social science disciplines, the chapters of this volume aim at questioning anti-trafficking policies and their practical impact on sex work regulation. Many actors, from media to researchers, from nonprofit organizations to law enforcement agencies, from "experts" to "reality tourists", contribute to produce knowledge on trafficking and sexual exploitation and thus to institutionalize it as a category of thought and action; by naming and framing perpetrators and victims, they make trafficking "come true" as a public problem. The book pays particular attention to the way the international expertise produced by these different actors and institutions on sexual exploitation and sex work impacts local control practices, especially with regard to law enforcement. The fight against trafficking as it gets institutionalized and put into practice then appears as a way to reaffirm a gendered and racialized public order. Building analytical bridges between different national contexts and relying on contextualized fieldwork in different countries, the book is of great interest for academics as well as for practitioners and/or activists working on sex and gender issues and migration policies. Also, it resonates with a broader literature on the construction of public problems in sociology and political science.
The influence of women in the colonial family and the community is examined using tax and probate records of southside Colonial Virginia.
This fascinating book demonstrates the diversity of Connecticut's women's feminist activities in pre- and post-suffrage eras and refutes the notion that feminist activism died out with the passage of the Nineteenth Amendment.
Subject matter of growing presence and interest. Multidisciplinary approach. Case study of Denmark, the first European state to adopt self-declaration. Will appeal to researchers and practitioners working in trans, gender, feminist legal, and socio-legal studies.
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.
Gender and Justice is a unique core textbook that introduces key concepts through case studies. Each chapter opens with a compelling case study that illustrates key concepts, followed by a narrative chapter that builds on the case study to introduce essential elements. Each chapter features pedagogical elements-learning objectives, key terms, review and study questions, and suggestions for further learning and exploration. In addition to the unique case study approach, this book is distinctive in its inclusion of LGBTQ experiences in crime, victimization, processing, and punishment. Gender and Justice also addresses masculinity and the role it plays in defining offenders and victims, as well as challenges posed by the gender gap in offending.
This book addresses the 'three moments' in lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers' and refugees' efforts to secure protection: The reasons for their flight, the Refugee Status Determination process, and their integration into the host community once they are recognized refugee status.The first part discusses one of the most under-researched areas within the literature devoted to asylum claims based on sexual orientation and gender identity, namely the reasons behind LGBTI persons' flight. It investigates the motives that drive LGBTI persons to leave their countries of origin and seek sanctuary elsewhere, the actors of persecution, and the status quo of LGBTI rights. Accordingly, an intersectional approach is employed so as to offer a comprehensive picture of how a host of factors beyond sexual orientation/gender identity impact this crucial first stage of LGBTI asylum seekers' journey.In turn, the second part explores the challenges that LGBTI asylum seekers face during the RSD process in countries of asylum. It first examines these countries' interpretations and applications of the process in relation to the relevant UNHCR guidelines and questions the challenges including the dominance of Western conceptions and narratives of sexual identity in the asylum procedure, heterogeneous treatment concerning the definition of a particular social group, and the difficulties related to assessing one's sexual orientation within the asylum procedure. It subsequently addresses the reasons for and potential solutions to these challenges.The last part of the book focuses on the integration of LGBTI refugees into the countries of asylum. It first seeks to identify and describe the protection gaps that LGBTI refugees are currently experiencing, before turning to the reasons and potential remedies for them.
Integrating interdisciplinary and cross-cultural analysis, this volume advances our understanding of sexual violence in intimacy through the development of more nuanced and evidence-based conceptual frameworks. Sexual violence in intimacy is a global pandemic that causes individual physical and emotional harm as well as wider social suffering. It is also legal and culturally condoned in much of the world. Bringing together international and interdisciplinary research, the book explores marital rape as individual suffering that is best understood in cultural and institutional context. Gendered narratives and large-scale surveys from India, Ghana and Africa Diasporas, Pacific Islands, Denmark, New Zealand, the United States, and beyond illuminate cross-cultural differences and commonalities. Methodological debates concerning etic and emic approaches and de-colonial challenges are addressed. Finally, a range of policy and intervention approaches-including art, state rhetoric, health care, and criminal justice-are explored. This book provides much needed scholarship to guide policymakers, practitioners, and activists as well as for researchers studying gender-based violence, marriage, and kinship, and the legal and public health concerns of women globally. It will be relevant for upper-level students and scholars in anthropology, sociology, psychology, women's studies, social work and public and global health.
Law is often perceived as an instrument that can effect social change. While this might be so, it must be complemented by the necessary financial and human resources to make the law effective. Natalie Persadie explains that, among developing countries, such as Trinidad and Tobago, the achievement of legal advances for women-at either the international or national levels-is particularly difficult where practical measures are not subsequently implemented. This is, perhaps, attributable to a lack of political will. Important issues such as gender equality and domestic violence are not given priority and laws aimed at protecting women and promoting women's rights are ineffective, scant, or unenforced. Gender justice can only be realized through a multilevel approach from above and, more importantly, from below, as women have the potential to effect real national and international legal and institutional change to ensure gender equality at both levels.
In States of Passion: Law, Identity and the Social Construction of
Desire, Professor Yvonne Zylan explores the role of legal discourse
in shaping sexual experience, sexual expression, and sexual
identity. The book focuses on three topics: anti-gay hate crime
laws, same-sex sexual harassment, and same-sex marriage, examining
how sexuality is socially constructed through the
institutionally-specific production of legal discourse.
In an advanced industrial society like the contemporary U. S., where an array of legal, political, institutional, and economic processes work against gender inequality, how does this inequality persist? Are there general social processes through which gender as a principle of social inequality manages to rewrite itself into new forms of social and economic organization? Framed by Gender claims there are, highlighting a powerful contemporary persistence in people's everyday use of gender as a primary cultural tool for organizing social relations with others. Cecilia L. Ridgeway asserts that widely shared cultural beliefs about gender act as a "common knowledge" frame that people use to make sense of one another in order to coordinate their interaction. The use of gender as an initial framing device spreads gendered meanings, including assumptions about inequality embedded in those meanings, beyond contexts associated with sex and reproduction to all spheres of social life that are carried out through social relationships. These common knowledge cultural beliefs about gender change more slowly than do material arrangements between men and women, even though these beliefs do respond eventually. As a result of this cultural lag, at sites of innovation where people develop new forms of economic activity or new types of social organization, they confront their new, uncertain circumstances with gender beliefs that are more traditional than those circumstances. They implicitly draw on the too convenient cultural frame of gender to help organize their new ways of doing things. As they do so, they reinscribe trailing cultural assumptions about gender difference and gender inequality into the new activities, procedures, and forms of organization that they create, in effect, reinventing gender inequality for a new era. Ridgeway argues that this persistence dynamic does not make equality unattainable but does mean that progress is likely to be uneven and depend on the continued, concerted efforts of people. Thus, a powerful and original take on the troubling endurance of gender inequality, Framed by Gender makes clear that the path towards equality will not be a long, steady march, but a constant and uneven struggle. "The most important book on gender I have read in decades. Why has gender proved so unbending? Ridgeway gives us answers, and paves the way for a new feminist theory that incorporates decades of studies on how gender bias operates at home and at work."-Joan C. Williams, Distinguished Professor of Law, University of California, Hastings College of the Law "In lucid prose, Cecilia Ridgeway describes the social psychological processes that continually reproduce gender inequality. Marshalling research from sociology and psychology, Framed by Gender explains why women have not attained equality and what would be required to reach that goal."-Alice H. Eagly, Professor of Psychology, Northwestern University
Two LGBTQ affirmative US Supreme Court Rulings occurred in the second decade of the twenty-first century: the 2015 Obergefell ruling in support of same sex marriage, and the 2020 Bostock decision ruling that discrimination on the basis of sexual orientation and gender identity is prohibited by Title VII. In The Politicalization of Trans Identity: An Analysis of Backlash, Scapegoating, and Dogwhistling from Obergefell to Bostock, Loren Cannon critiques the opinions of the court in both cases. Cannon carefully presents the evidence that transgender identity itself has become politicized post Obergefell and provides a thorough consideration of the ramifications of this politicization across the nation, especially in the form of proposed legislation and violence. Cannon argues that the politicization of trans identity can rightfully be understood as a backlash response to the Obergefell decision and increased LGBTQ equality. According to Cannon, aspects of the politicization can be characterized as scapegoating and as dog whistling. This book offers unique contributions to the understanding of these ideas, including a creative application of Rene Girard's theory of scapegoating. Lastly, Cannon argues that conceptually, virtue signaling needs to be paired with dog whistling to have the political result that the whistler intends.
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 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 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.
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.
This book examines diverse literary writings in Bangla related to crime in late nineteenth and early twentieth century colonial Bengal, with a timely focus on gender. It analyses crime-centred fiction and non-fiction in the region to see how actual or imagined crimes related to women were shaped and fashioned into images and narratives for contemporary genteel readers. The writings have been examined within a social-historical context where gender was a fiercely contested terrain for publicly fought debates on law, sexual relations, reform, and identity as moulded by culture, class, and caste. Both canonized literary writings (like those of Bankim Chatterji) as well as non-canonical, popular writings (of writers who have not received sufficient critical attention) are scrutinised in order to examine how criminal offences featuring women (as both victims and offenders) have been narrated in early manifestations of the genre of crime writing in Bangla. An empowered and thought-provoking study, this book will be of special interest to scholars of criminology and social justice, literature, and gender.
In the first book-length treatment of the application of feminist theories of international law, Charlesworth and Chinkin argue that the absence of women in the development of international law has produced a narrow and inadequate jurisprudence that has legitimated the unequal position of women worldwide rather than confronting it. The boundaries of international law provides a feminist perspective on the structure, processes and substance of international law, shedding new light on treaty law, the concept of statehood and the right of self-determination, the role of international institutions and the law of human rights. Concluding with a consideration of whether the inclusion of women in the jurisdiction of international war crimes tribunals represents a significant shift in the boundaries of international law, the book encourages a dramatic rethinking of the discipline of international law. With a new introduction that reflects on the profound changes in international law since the book's first publication in 2000, this provocative volume is essential reading for scholars, practitioners and students alike. -- .
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. |
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