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Books > Law > English law > Private, property, family > Gender law
This book uniquely combines a critical examination of the extent and diversity of transphobic hate crime together with a consideration of the victims and offenders. Trans people are marginalised in society and already negotiate complex physical and emotional challenges in order to live authentically in accordance with their self-identified gender presentation. Transphobic hate crime has devastating consequences both for the victim and trans people more generally by reinforcing the female/male binary and punishing gender non-conformity. In this thought-provoking study Jamel examines the history, extent, nature, and victim-offender relationship regarding these crimes whilst also considering the obstacles which affect legislation and policy-making decisions in response to hate crimes against trans people. The concept of a single transgender community is also critiqued in this book by exploring the diversity of trans identities cross-culturally. This original and timely book provides students, academics and those developing an interest in the topic with an understanding of the complexities of transphobic hate crime within the wider context of gender studies and critical criminology.
This book examines the use and impact of Australian Indigenous sentencing courts in response to Indigenous partner violence. In operation in Australia since 1999, these courts were first established by a magistrate in South Australia who sought to improve court communication and understanding, and trust in the criminal justice system for Indigenous people. Indigenous Courts, Culture and Partner Violence is the first book to consider how the transformation of a sentencing process into one that better reflects Indigenous cultural values can improve outcomes for both victims and offenders of Indigenous partner violence. It asks which aspects of the sentencing process are most important in influencing a change in attitude and behaviour of Indigenous offenders who repeatedly engage in abusive behaviour towards their partner, and what types of justice process better meets the relationship, rehabilitative and safety needs of Indigenous partner violence offenders and their victims? Marchetti examines the adaptation of a formal sentencing process to make it more culturally meaningful when responding to Indigenous partner violence, and gauges victim and offender views about how the court process has affected their lives and relationships, and elicits their views of violence within their communities. This innovative work will be of great interest to academics, researchers, policy makers, police, lawyers, family violence service providers and students.
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.
'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.
Shame, Gender Violence and Ethics: Terrors of Injustice draws from contemporary, concrete atrocities against women and marginalized communties to re-conceptualize moral shame and to set moral shame apart from dimensions of subordination, humiliation, and disgrace. The inter-disciplinary collection starts with a contribution from a a Yazidi-survivor of genocidal and sexual violence, whose case brings together core themes: gender, ethnic and religious identity, and violence and shame. Further accounts of shame and gendered violence in this collection take the reader to other and equally disturbing accounts of lesser- known atrocities from around the. Although shame is sometimes posited as an innevitable companion to human life, editors Lenart Skof and She M. Hawke situate the discussion in the theoretical landscape of shame, and the contributors challenge this concept through fields as diverse as law, journalism, activism, philosophy, theology, ecofeminism, and gender and cultural studies. Their discussion of gendered shame makes room for it to be both a negative and a redemptive concept. Combining junior and senior scholarship, this collection examines power relations in the cycle of shame and violence.
She Took Justice: The Black Woman, Law, and Power - 1619 to 1969 proves that The Black Woman liberated herself. Readers go on a journey from the invasion of Africa into the Colonial period and the Civil Rights Movement. The Black Woman reveals power, from Queen Nzingha to Shirley Chisholm. In She Took Justice, we see centuries of courage in the face of racial prejudice and gender oppression. We gain insight into American history through The Black Woman's fight against race laws, especially criminal injustice. She became an organizer, leader, activist, lawyer, and judge - a fighter in her own advancement. These engaging true stories show that, for most of American history, the law was an enemy to The Black Woman. Using perseverance, tenacity, intelligence, and faith, she turned the law into a weapon to combat discrimination, a prestigious occupation, and a platform from which she could lift others as she rose. This is a book for every reader.
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.
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.
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.
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.
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.
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.
This book considers the rapidly evolving, both legally and socially, nature of image-based abuse, for both minors and adults. Drawing mainly from UK data, legislation and case studies, it presents a thesis that the law is, at best, struggling to keep up with some fundamental issues around image based abuse, such as the sexual nature of the crimes and the long term impact on victims, and at worst, in the case of supporting minors, not fit for purpose. It shows, through empirical and legislative analysis, that the dearth of education around this topic, coupled with cultural norms, creates a victim blaming culture that extends into adulthood. It proposes both legislative developments and need for wider stakeholder engagement to understand and support victims, and the impact the non-consensual sharing of intimate images can have on their long-term mental health and life in general. The book is of interest to scholar of law, criminology, sociology, police and socio-technical studies, and is also to those who practice law, law enforcement or wider social care role in both child and adult safeguarding.
This book provides a critical history of influential women in the United Nations and seeks to inspire empowerment with role models from bygone eras. The women whose voices this book presents helped shape UN conventions, declarations, and policies with relevance to the international human rights of women throughout the world today. From the founding of the UN up until the Latin American feminist movements that pushed for gender equality in the UN Charter, and the Security Council Resolutions on the role of women in peace and conflict, the volume reflects on how women delegates from different parts of the world have negotiated and disagreed on human rights issues related to gender within the UN throughout time. In doing so it sheds new light on how these hidden historical narratives enrich theoretical studies in international relations and global agency today. In view of contemporary feminist and postmodern critiques of the origin of human rights, uncovering women's history of the United Nations from both Southern and Western perspectives allows us to consider questions of feminism and agency in international relations afresh. With contributions from leading scholars and practitioners of law, diplomacy, history, and development studies, and brought together by a theoretical commentary by the Editors, Women and the UN will appeal to anyone whose research covers human rights, gender equality, international development, or the history of civil society. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003036708, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Jurisprudential meditation and methodological performance on how feminist and legal thought come into relation. Experiments with genre, style, and form to historicise the relationship of a feminist jurisprudent to her own sources, methods, and interlocutors. The book will be a useful resource for scholars and students of law and humanities, feminism, and history.
Explores the relationship between sexuality and politics in Britain's recent political past. Includes four case studies to illustrate the arguments made. Important contribution to the understandings of sexuality, identity and inequalities, as well as of crisis and neoliberalism.
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.
By means of a historical, legal and scientific approach, this book identifies the issues, progress and setbacks in the right for women to access abortion in various countries of the Global North. The book provides insights on the past, present and potential actions and struggles in the future about continuing to have the right to procure an abortion. Rites and rituals in order to better understand the practices of Asian countries, such as China, Japan and Taiwan, permeate discussions and debates. The volume presents the repercussions of the Covid-19 pandemic on access to abortion healthcare services and abortion, and the innovative initiatives and schemes designed and implemented. The latter encourages health professionals and decision-makers to reflect on the 'good practices' and retain and develop over the long term. This edited collection is intended for academics and students across the social sciences and healthcare sector, members of the legal profession, healthcare professionals, activists, policy-makers, and any stakeholders working for and caring about women's reproductive rights and abortion rights.
Panoramic and provocative in its scope, this handbook is the definitive guide to contemporary issues associated with male sex work and a must read for those who study masculinities, male sexuality, sexual health, and sexual cultures. This groundbreaking volume will have a powerful impact on our understanding of this challenging, elusive subject. While the internet has brought the previously hidden worlds of male sex work more starkly into public view, academic research has often remained locked into descriptions of male sex workers and their clients as perverse. Drawing from a variety of regions, the chapters provide insights into the historical, popular cultural, social, and economic aspects of sex work, as well as demographic patterns, health outcomes, and policy issues. This approach shifts thought on male sex work from a hidden "social problem" to a publicly acknowledged "social phenomenon." The book challenges myths and reconceptualizes male sex work as a discrete field. Importantly, it provides a vehicle for the voices of male sex workers and new and established scholars. This richly detailed, humane, and innovative collection retrieves male sex work from silence and invisibility on the one hand and its association with scandal and stigma on the other. The findings within have profound implications for how governments approach public health and regulation of the sex industry and for how society can make sense of the complexities of human sexualities. A compelling scholarly read and a major contribution to a commercial sector that is often neglected in policy debates on sex work, this handbook will be of great interest to scholars of criminology, sociology, gender studies, and cultural studies and all those interested in male sex work.
This book provides a comparative, neo-institutionalist approach to the different factors impacting state adoption of-or refusal to adopt-same-sex marriage laws. The now twenty-one countries where lesbians and gay men can legally marry include recent or longstanding democracies, republics and parliamentary monarchies, and unitary and federal states. They all reflect different positions with respect to religion and the cultural foundations of the nation. Countries opposed to such legalization, and those having taken measures in recent years to legally reinforce the heterosexual fundaments of marriage, present a similar diversity. This diversity, in a globalized context where the idea of same-sex marriage has become integral to claims for LGBTI equality and indeed LGBTI human rights, gives rise to the following question: which factors contribute to institutionalizing same-sex marriage? The analytical framework used for exploring these factors in this book is neo-institutionalism. Through three neo-institutionalist lenses-historical, sociological and discursive-contributors investigate two aspects of the processes of adoption or opposition of equal recognition of same-sex partnerships. Firstly, they reveal how claims by LGBTIQ movements are being framed politically and brought to parliamentary politics. Secondly, they explore the ways in which same-sex marriage becomes institutionalized (or resisted) through legal and societal norms and practices. Although it adopts neo-institutionalism as its main theoretical framework, the book incorporates a broad range of perspectives, including scholarship on social movements, LGBTI rights, heterosexuality and social norms, and gender and politics.
This book critically examines the last few decades of discussion around sex and violence in the media, on social media, in the courtroom and through legislation. The discursive struggles over what constitutes "sexual violence", "victims" and "offenders" is normally determined through narratives: a selective ordering of events and participants. Centrally, the book investigates the social processes involved in the telling of stories of rape and its political implications. From a multidisciplinary feminist perspective, this volume explores what narratives about sexual violence are deemed legitimate at this historical juncture. This volume brings together feminist scholars working in a wide variety of disciplines including law, legal studies, history, gender studies, ethnology, media, criminology and social work from across the globe. Through situated empirical work, these scholars seek to understand currents movements between the criminal justice system and the cultural imagination.
Winner of the 2022 Association for the Rhetoric of Science, Technology, and Medicine (ARSTM) Book Award Winner of the 2022 Winifred Bryan Horner Outstanding Book Award from the Coalition of Feminist Scholars in the History of Rhetoric and Composition What It Feels Like interrogates an underexamined reason for our failure to abolish rape in the United States: the way we communicate about it. Using affective and feminist materialist approaches to rhetorical criticism, Stephanie Larson examines how discourses about rape and sexual assault rely on strategies of containment, denying the felt experiences of victims and ultimately stalling broader claims for justice. Investigating anti-pornography debates from the 1980s, Violence Against Women Act advocacy materials, sexual assault forensic kits, public performances, and the #MeToo movement, Larson reveals how our language privileges male perspectives and, more deeply, how it is shaped by systems of power-patriarchy, white supremacy, ableism, and heteronormativity. Interrogating how these systems work to propagate masculine commitments to "science" and "hard evidence," Larson finds that US culture holds a general mistrust of testimony by women, stereotyping it as "emotional." But she also gives us hope for change, arguing that testimonies grounded in the bodily, material expression of violation are necessary for giving voice to victims of sexual violence and presenting, accurately, the scale of these crimes. Larson makes a case for visceral rhetorics, theorizing them as powerful forms of communication and persuasion. Demonstrating the communicative power of bodily feeling, Larson challenges the long-held commitment to detached, distant, rationalized discourses of sexual harassment and rape. Timely and poignant, the book offers a much-needed corrective to our legal and political discourses.
Drawing on original empirical research from Singapore and Hong Kong, Gendered Labour, Everyday Security and Migration interrogates women migrant domestic workers' experiences of work and workplace exploitation. It examines the ways in which these women negotiate everyday security and safe work against the backdrop of affective employment relations and institutional structures of labour and migration law. It challenges the current emphasis on the language of exploitation and legal approaches to identifying, understanding and rectifying poor employment conditions for women migrant domestic workers. This book addresses the limited research literature that examines the extent to which regulatory or criminal justice responses are relevant to, and utilised by, women migrant domestic workers in their everyday negotiation of safe work and offers a unique contribution to the field. An accessible and compelling read, it will be of interest to researchers from across the fields of criminology, sociology, labour migration studies and women's studies.
While an abundance of literature covers the right of states to defend themselves against external aggression, this is the first book dedicated to the right to personal self-defense in international law. Drawing on his extensive experience as a human rights practitioner and scholar, Dr. Hessbruegge sets out in careful detail the strict requirements that human rights impose on defensive force by law enforcement authorities, especially police killings in self-defense. The book also discusses the exceptional application of the right to personal self-defense in military-led operations, notably to contain violent civilians who do not directly participate in hostilities. Human rights also establish parameters on how broad or narrow the laws can be drawn on self-defense between private persons. Setting out the prevailing international standards, the book critically examines the ongoing trend to excessively broaden self-defense laws. It also refutes the claim that there is a human right to possess firearms for self-defense purposes. In extraordinary circumstances, the right to personal self-defence sharpens human rights and allows people to defend themselves against the state. Here the author establishes that international law gives individuals the right to forcibly resist human rights violations that pose a serious risk of significant and irreparable harm. At the same time, he calls into question prevailing state practice, which fails to recognize any collective right to organized armed resistance even when it constitutes the last resort to defend against genocide or other mass atrocities.
The volume offers an overview of the theories and practices of Italian legal feminism, presenting both the main themes addressed and the main protagonists of Italian feminist legal theory. The book is divided into two parts. The first is dedicated to deepening crucial issues that directly concern women's knowledge and lives from a feminist perspective, such as the interconnection between law, rights and justice; diversity, difference and equality; sex, sexuality and reproduction; citizenship and borders; deviance, criminal matters and security; and victims, victimology, and vulnerability. Each set of thematic issues is analysed by a current Italian feminist legal scholar, who engages with multiple feminist voices in order to emphasise the need for an interdisciplinary approach to law from a feminist perspective. The second part of the book is devoted to outlining the paths of study, research and practice of specific and renowned Italian legal scholars who have provided the foundation for legal feminism in Italy: Letizia Gianformaggio, Tamar Pitch, Silvia Niccolai, and Lia Cigarini. The book thereby offers, for the first time, a comprehensive account of the traditions and trajectories of Italian legal feminism, thus opening up a dialogue with other feminist approaches to law and justice. The book will appeal to scholars in legal theory, critical and sociolegal studies, sociology, gender studies, and critical criminology. |
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