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Books > Law > English law > Private, property, family > Gender law
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.
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.
The influence of women in the colonial family and the community is examined using tax and probate records of southside Colonial Virginia.
It is unique in that it is designed and intended to be used to facilitate discussion and to disseminate awareness within real life settings - for example, in a staff room for Inset Days, or for social workers in their team meetings. This workbook has been written for anyone to be able to facilitate a session with colleagues, which takes between 1-3 hours depending on the facilitator and group's needs. The introduction details how to use the book and how to facilitate a training session using the material, including being aware of how people could be triggered by looking at this difficult subject. Will be of interest to all professionals who have a mandatory responsibility to report FGM cases such as qualified teachers, social workers, and health care professionals (nurses, midwives and health visitors particularly).
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.
The adoption of Security Council resolution 1325 on women, peace and security in October 2000 marked the beginning of a global agenda on women in armed conflicts and post-conflict transition. Women, Peace and Security: Repositioning gender in peace agreements discusses the context and the content of this UN agenda and provides a systematic review of its implementation, over the last fifteen years, in peace agreements around the world.This book is timely, offering a valuable contribution to the literature on gender in armed conflicts, peace agreements, peace mediation, and transitional justice and is essential reading for practitioners and scholars working in this field. The study adopts an interdisciplinary approach to raise key theoretical and practical questions often overlooked by scholars working within the strict boundaries of the distinct disciplines. The book introduces a new dataset on peace agreements that provides important comprehensive evidence on the extent to which resolution 1325 and other subsequent resolutions on women, peace and security have impacted on peace agreements. Through the reflections of elite peacemakers, the book provides additional insights into the practice of peacemaking and the challenges of implementing the UN resolutions on women, peace and security on the ground.The findings of this book have important policy implications for governments, international organisations and NGOs who must refocus their efforts on bridging the gap between the theory and practice of gender sensitive peacemaking.
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. -- .
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.
While the general public may feel uncomfortable discussing sexual assault and violence with neighbors or coworkers, the popularity of Twitter, Snapchat, and a host of other social media platforms suggests that we are not shy about expressing our opinions online. Debates that just a few years ago would have taken place in real life have been relocated online; allowing eager commenters to share their thoughts on guilt or innocence with legions of virtual strangers. Crowdsourcing the Law explores how everyday participants interpret and apply law in the influential online court of public opinion. Engaging a multidisciplinary, case study approach, the book analyzes social media comments about public figures such as Bill Cosby, Brock Turner, and Harvey Weinstein to address ambitious questions like: How are rape myths being challenged, reinforced, and reinvented on social media? What is the promise and peril of the #MeToo movement for transforming the law? And can due process be afforded in the face of an increasingly powerful virtual jury?
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.
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.
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 book provides an in-depth examination of current, high-profile debates about the use of sexual history evidence in rape trials and presents original findings regarding the impact of this evidence on jurors. The book presents findings of the first research in England and Wales that has examined how jurors interpret, discuss, and rely upon sexual history evidence in deliberations. It draws upon qualitative and quantitative findings of 18 mock jury simulation panels, to highlight the complex, nuanced and intersectional impact of this evidence. Findings highlight ongoing prejudicial impact of sexual history evidence, with jurors routinely drawing upon rape myths and stereotypes about sexual violence, to posit relevance of this evidence and undermine the perceived credibility of the complainant. These findings are embedded within broader discussions about evidential legitimacy in rape trials and use good practice observed in other jurisdictions, to make numerous recommendations for change. Aiming to inform academic, policy and legislative discussions in this area, Sexual History Evidence in Rape Trails will be of great interest to students and scholars of Criminal Law and Criminology, as well as policy makers and legal practitioners.
Television and streamed series that viewers watch on their TVs, computers, phones, and tablets are a crucial part of popular culture They have an influence on viewers and on law. People acquire values, behaviors, and stereotypes, both positive and negative, from television shows, which are relevant to people's acquisition of beliefs and to the development of law.. In this book, readers will find the first transnational, empirical look at ethnicity, gender, and diversity on legally-themed TV shows. Scholars determine the three most watched legally-themed shows in Brazil, Britain, Canada, Germany, Greece, Poland, Switzerland and the United States and then examine gender, age, ability, ethnicity, race, class, sexual orientation and nationality in those shows and countries. As such, this book provides an important link between law, TV, and what is going on in real life.
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.
Through a comparative analysis involving 15 countries from around the world this book provides an invaluable assessment of women's equality at the global level. This book explores the constitutional protection of equality and women's rights in 15 countries drawn from Africa, America, Asia, and Europe. The work focuses on formal constitutional provisions as well as the substantial level of protection women's equality has achieved in the systems analysed. The investigations involve looking at the relevant gender-related legislation, the participation of women in the institutional arena, and the constitutional interpretation made by constitutional justice on gender issues. Furthermore, the book highlights women's contribution in their roles as judges, parliamentarians, activists and academics, thus increasing the visibility of women's participation in the public sphere. The work will be of interest to academics, researchers and policy-makers working in the areas of Constitutional Law, Human Rights Law and Women's and Gender Studies.
Sexuality in the Swedish Police is based on the experiences of lesbian, gay and bisexual police officers and the author's observations of police work. Written at the intersection of organizational, gender and police studies, the book analyses how processes of exclusion and inclusion of LGB sexuality coexist in the Swedish police, how these processes are related to the culture and characteristics of police work, and how police management attempts to create an inclusive organisation. How and under what conditions does the exclusion and inclusion of LGB officers and LGB sexuality take place in the Swedish police? By delving into this question, the author seeks to answer, among other things, how it is that there are so few openly gay male police officers and how barriers to inclusion can be understood. The book contributes to a better understanding of the problems and activities associated with diversity issues, particularly with a focus on sexual orientation, but also more generally; many of the insights in the book can be used to understand the inclusion and exclusion of other groups in society. A key insight from the book is that inclusion and exclusion are collective processes characterized by struggle, a struggle that according to the author can be understood through the concept of "peripheral inclusion". Sexuality in the Swedish Police will be of great interest to scholars and students as well as practitioners with an interest in diversity issues and policing. The book is also relevant to those working in or interested in diversity, inclusion and equality in other similarly "masculinized" organizations, such as the armed forces and certain sports organisations.
'Rough sex' has been at the forefront of criminal law in recent years following several high-profile murders of women killed during alleged consensual sex 'gone wrong', leading to widespread calls for reform to prevent the use of what has been termed the 'rough sex defence.' Situated in a global context in which violence against women is one of the leading preventable contributors to death and illness for women aged 18-44 worldwide, this timely collection examines the rough sex defence and responds to some of the wider debates around sex and the law. Drawing on a range of empirical and theoretical standpoints, chapters delve into a range of topics including the female experience of 'unwanted' slapping, choking and spitting during sex, the BDSM community, the impacts of pornography, the normalization and sexualization of violence against women, early depictions of BDSM involving the eroticization of non-consensual relations, problematic perceptions of BDSM as inherently violent, and more. Bows and Herring expertly collate a wide-reaching mix of perspectives to contribute to a powerful feminist investigation of this critical issue. It is a compelling read for scholars interested in the intersection of sex, the law, and the criminal justice system.
First published in 1983, Prejudice and Pride chronicles legal and social discrimination against gay people living in Britain in 1980s. The book alerts its readers to the ways in which gay men and women were treated in our society and how discrimination in each area can be tackled. The book speaks to us all, providing a blueprint for action through the 1980s. While things today might be better, the book is a reminder that the struggle for equal rights was and will continue to be long and cumbersome. The book acknowledges the action and support of the Campaign for Homosexual Equality and will be of interest to students of history, sociology, law, gender studies and sexuality studies.
How the fear of malpractice affects mothers and reproductive choices Giving birth is a monumental event, not only in the personal life of the woman giving birth, but as a medical process and procedure. In The Business of Birth, Louise Marie Roth explores the process of giving birth, and the ways in which medicine and law interact to shape maternity care. Focusing on the United States, Roth explores how the law creates an environment where medical providers, malpractice attorneys, and others limit women's rights and choices during birth. She shows how a fear of liability risk often drives the decision-making process of medical providers, who prioritize hospital efficiency over patient safety, to the detriment of mothers themselves. Ultimately, Roth advocates for an approach that protects the reproductive rights of mothers. A comprehensive overview, The Business of Birth provides valuable insight into the impact of the law on mothers, medical providers, maternity care practices, and others in the United States.
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.
Interdisciplinary analysis of challenges and progress experienced by the LGBT community since the Stonewall riots. Brings together experts from politics, sociology, law, education, language, medicine and religion. Will be of interest to students and scholars exploring LGBT matters.
Women and the Law is a pioneering study of the way in which the law has treated women - at work, in the family, in matters of sexuality and fertility, and in public life. It was first published in 1984 by Susan Atkins and Brenda Hoggett, then University teachers. The authors examine the origins of British law's attitude to women, trace the development of the law and ways in which it reflects the influence of economic, social and political forces and the dominance of men. They illustrate the tendency, despite formal equality, for deep-rooted problems of encoded gender inequality to remain. Since 1984 the authors have achieved distinguished careers in law and public service. This 2018 Open Access edition provides a timely opportunity to revisit their ground-breaking analysis and reflect on how much has changed, and how much has stayed the same.
This book offers an interdisciplinary perspective on femicide, using Israel as an illuminating case study, given its diverse communities and common-law-based legal system. Utilizing analytical alongside practical perspectives, the book offers a novel crimino-legal approach to femicide. In addition to its interdisciplinary novelty, the book presents originality in going beyond the more usual focus on the central victims and the common legal tools. Here, the authors extend the analysis to secondary victims of femicide and examine the applicability of second-tiered relevant legal tools, mostly tort law, as a means for gaining justice for the victims. This explorative journey culminates with the authors' definition of femicide as a quintessential "crime of distinct nature". In the context of current international pledges to better understand and consequently better fight femicide, this work allows readers to comprehend the phenomenon and the ways to abolish it. The book will be an invaluable resource for academics, researchers and policy makers working in the areas of criminal law, tort law, family law, criminology and gender studies, as well as for legal theorists and criminologists seeking integration of both disciplines.
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. |
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