This book analyses the gendered nature of patent law and the knowledge governance system it supports. The vast majority of patented inventions are attributed to male inventors. While this has resulted in arguments that there are not enough women working in science, technology, engineering and mathematics, this book maintains that the issue lies with the very nature of patent law and how it governs knowledge. The reason why fewer women patent than men is that patent law and the knowledge governance system it supports are gendered. This book deconstructs patent law to reveal the multiple gendered binaries it embodies, and how these in turn reflect gendered understandings of what constitutes science and an invention, and a scientist and an inventor. Revealing the inherent biases of the patent system, as well as its reliance on an idea of the public domain, the book argues that an egalitarian knowledge governance system must go beyond socialised binaries to better govern knowledge creation, dissemination and maintenance. This book will appeal to scholars and policymakers in the field of patent law, as well as those in law and other disciplines with interests in law, gender and technology.

* Brings comprehensive syntheses on emerging topics in pretrial justice (not just pretrial procedure) from international experts to a global audience of criminology and public policy scholars and advanced students * Showcases the work of leading criminologists on the earliest phases of the criminal legal system * Ideal for use in graduate-level courses in courts, corrections, and law enforcement

Transitional justice is the way societies that have experienced civil conflict or authoritarian rule and widespread violations of human rights deal with the experience. With its roots in law, transitional justice as an area of study crosses various fields in the social sciences. This book is written with this multi- and inter-disciplinary dynamic of the field in mind. The book presents the broad scope of transitional justice studies through a focus on the theory, mechanisms and debates in the area, covering such topics as: The origin, context and development of transitional justice Victims, victimology and transitional justice Prosecutions for abuses and gross violations of human rights Truth commissions Transitional justice and local justice Gender, political economy and transitional justice Apology, reconciliation and the politics of memory Offering a discussion of the impact and outcomes of transitional justice, this approach provides valuable insight for those who seek both an introduction alongside relatively advanced engagement with the subject. Transitional Justice: Theories, Mechanisms and Debates is an important text for postgraduate and advanced undergraduate students who take courses in transitional justice, human rights and criminal law, as well as a systematic reference text for researchers.

The study of LGBTI matters in international relations, policy studies and human rights is a growing and dynamic field (or set of sub-fields). This book promises the first critical examination of an increasingly important global actor, which is situated between a variety of North-South dialogues and tensions. Contributes a new understanding of familiar material: existing scholarship on EU foreign policy in the human rights space. Offers a fresh interpretation of how we should understand the impact and consequences of the EU's approach to LGBTI rights dissemination.

Ruth Bader Ginsburg believed that the equal rights of women belonged in the Constitution. She stood on the shoulders of brilliant women who persisted across generations to change the Constitution. We the Women tells their stories, showing what's at stake in the current battle for the Equal Rights Amendment. A century after the Nineteenth Amendment guaranteed women the constitutional right to vote, the quest for women's full inclusion in the US Constitution continues. After passage of the Nineteenth Amendment, revolutionary women demanded full equality beyond suffrage by proposing the Equal Rights Amendment (ERA). Congress took almost fifty years to adopt it in 1972, and the states took almost as long to ratify it. In January 2020, Virginia became the final state needed to ratify the amendment. Why did the ERA take so long? Is it too late to add it to the Constitution? And what could it do for women? Distinguished legal scholar Julie C. Suk tells the story of the ERA through the voices of the bold women lawmakers who created it. They faced opposition and subterfuge at every turn, but they kept the ERA alive. And, despite significant gains, the achievements of gender equality have fallen short, especially for working mothers and women of color. Suk excavates the ERA's past to guide its future, explaining how the ERA can address hot-button issues such as pregnancy discrimination, sexual harassment, and unequal pay. The rise of movements like the Women's March and #MeToo have ignited women across the country. Unstoppable women are winning elections, challenging male abuses of power, and changing the law to support working families. Can they add the ERA to the Constitution and improve American democracy? We the Women shows how the founding mothers of the ERA and the for-gotten mothers of all our children have transformed our living Constitution for the better.

This book provides a reimagining of how Western law and legal theory structures the human-earth relationship. As a complement to contemporary efforts to establish rights of nature and non-human legal personhood, this book focuses on the other subject in the human-earth relationship: the human. Critical ecological feminism exposes the dualistic nature of the ideal human legal subject as a key driver in the dynamic of instrumentalism that characterises the human-earth relationship in Western culture. This book draws on conceptual fields associated with the new sciences, including new materialism, posthuman critical theory and Big History, to demonstrate that the naturalised hierarchy of humans over nature in the Western social imaginary is anything but natural. It then sets about constructing a counternarrative. The proposed 'Cosmic Person' as alternative, non-dualised human legal subject forges a pathway for transforming the Western cultural understanding of the human-earth relationship from mastery and control to ideal co-habitation. Finally, the book details a case study, highlighting the practical application of the proposed reconceptualisation of the human legal subject to contemporary environmental issues. This original and important analysis of the legal status of the human in the Anthropocene will be of great interest to those working in legal theory, jurisprudence, environmental law and the environmental humanities; as well as those with relevant interests in gender studies, cultural studies, feminist theory, critical theory and philosophy.

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.

Despite some significant advances in the creation and protection of rights affecting women's health, these do not always translate into actual health benefits for women. This collection asks: 'What is an effective law and what influences law's effectiveness or ineffectiveness? What dynamics, elements, and conditions come together to limit law's capacity to achieve instrumental goals for women's health and the advancement of women's health rights?' The book presents an integrated, co-referential and sustained critical discussion of the normative and constitutive reasons for law's limited effectiveness in the field of women's health. It offers comprehensive and cohesive explanatory accounts of law's limits and for the first time in the field, introduces a distinction between formal and substantive effectiveness of laws. Its approach is trans-systemic, multi-jurisdictional and comparative, with a focus on six countries in North America, Europe, Asia, and Africa and international human rights case law based on matters arising from Hungary, Portugal, Spain, Slovakia, the Czech Republic, Peru and Bolivia. The book will be a valuable resource for educators, students, lawyers, rights advocates and policymakers working in women's health, socio-legal studies, human rights, feminist legal studies, and legal philosophy more broadly.

This book explores the largely neglected relationship between men, masculinities and honour-based abuse (HBA). There is a common misconception that HBA - whether physical violence, emotional abuse or so-called 'honour' killings - occurs only against women. This book addresses the gap in the current literature concerning the relationship between men, masculinities and HBA. With contributions from an international and interdisciplinary range of both academics and professionals, the book examines HBA and forced marriages specifically from male-victim perspectives, both in the UK and internationally. Providing a clear understanding of the main theoretical and sociological explanations of HBA against male victims, the book demonstrates that, although men are indeed the main perpetrators of HBA, state agencies must address the fact that many men are also victims. This book is essential reading for students, academics, and practitioners alike.

Imaginative Resistance, Queer Fiction and the Law develops a novel account of how heteronormative sociolegal orders undermine the well-being of same-sex attracted people, even when these normative orders may fall short of coercively interfering with their choices. Queer well-being is generally studied from psychological perspectives, through the concept of 'minority stress.' Taking four texts of mid-century Anglo-American queer fiction as illustrative case studies, this book argues - in a philosophical rather than a psychological register - that heteronormativity also affects queer well-being in more intangible ways. The central claim is that heteronormativity shackles the imagination: it curtails no less the imaginative reach of authors of queer fiction, than our ability - engaged as we are in projects of self-authorship - to make-believe personal futures in which same-sex intimacy is brought to bear on our well-being. The book's central claim re-works a concept central to the philosophy of fiction - 'imaginative resistance' - and puts it into service of questions raised in moral philosophy. Apart from its political and normative implications - strengthening the case for at least some global gay rights - and from challenging some of queer theory's orthodoxies, the book also makes contributions to queer literary history, criticism and biography. Drawing on archival material and personal interviews, fresh readings are offered of Charles Jackson's The Fall of Valor (1946), Gillian Freeman's The Leather Boys (1961), and Patricia Highsmith's The Price of Salt (1952) and The Talented Mr Ripley (1955), making a case for their inclusion in the queer literary canon. Imaginative Resistance, Queer Fiction and the Law will appeal to students of literary criticism, queer sociolegal history, law & literature, the philosophy of fiction, and queer theory, politics and ethics.

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?

This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices. Chapters address a range of current arguments and issues, providing an enhanced theoretical framework and evolving understanding from a variety of feminist and queer perspectives. Relationship recognition debates and LGBT activism and scholarship are examined and discussed, as well as questions around bodily autonomy, kink identities, pornography and healthcare access rights. Research exploring the lived experiences of people facing challenges such as domestic violence, asylum, femicide and hate crime is also assessed. This Research Handbook will be an invaluable resource for researchers and students in the fields of law, sexuality and gender, as well as family studies, sociology, media and cultural studies, and medicine. Activists will also benefit from its scholarly insight into key policy debates and future strategy. Contributors include: L. Adler, C. Ashford, R. Auchmuty, A.A. Baboolal, R. Barberet, J. Cabrera, R. Collier, S. Cowan, T. Crofts, M. Duggan, P. Dunne, A. Dymock, S. Falcetta, D. Fenwick, H. Fenwick, S. Ferris, S. Gloppen, R. Harding, R. Hewer, A.C. Infanti, P. Johnson, M. Judge, U. Khan, C. Kitzinger, A. Kondakov, K. Lalor, T. Liu, A. Maine, C. McGlynn, M.F. Moscati, T. Mundy, A. Powell, L. Rakner, F. Renz, J.M. Scherpe, A. Schuster, S.M. Schuster, N. Seuffert, F. Simkiss, B. Simpson, D. Smythe, E. Tascioglu, F. Vera-Gray, M. Weait, S. Whittle, S. Wilkinson, G. Zago

Contributing an original dimension to the significant body of published scholarship on women in 16th-century England, this study examines the largest corpus of women's private writings available to historians: their wills. In these, female voices speak out, commenting on their daily lives, on identity, gender, status, familial relationships and social engagement. Wills show women to have been active participants in a civil society, well aware of their personal authority and potential influence, whose committed actions during life and charitable strategies after death could and did impact the health of that society. From an intensive analysis of more than 1200 wills, this pioneering work focuses on women from all parts of the country and all strata of society, revealing an entire population of articulate, opportunistic, and capable individuals who found the spaces between the lines of the law and used those spaces to achieve personal goals. Author Susan James demonstrates how wills describe strategies for end-of-life care, create platforms of remembrance, and offer insights into the myriad occupational endeavors in which women were engaged. James illuminates how these documents were not simply instruments of bequest and inheritance, but were statements of power and control, catalogues of material culture from which we are able to gauge a woman's understanding of her own reality and the context that formed her environment. Wills were tools and the way in which women wielded these tools offers new ways to look at England in the 16th century and reveals the seminal role women played in its development.

The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9780429467608, has been made available under a Creative Commons Attribution-NonCommercial-No Derivatives 4.0 license. While the Nordic countries are listed at the top in most international rankings of gender equality and citizens' feelings of security, studies on the prevalence of sexual victimisation present a different picture, suggesting that the very countries that have invested much in establishing gender equality actually see a high prevalence of sexual violence. This book sheds light on the phenomenon and construction of rape and other forms of sexual violence within the Nordic region, exploring the ways in which rape and sexual violence are dealt with through criminal law and considering governmental policies aimed at combatting it, with a special focus on legal regulations and developments. Thematically organised, it offers new research on perpetrators, victimhood, criminal justice and prevention. Multi-disciplinary in approach, it brings together the latest work from a range of scholars to offer insights into the situation in the five Nordic countries, asking how and why rape and other forms of sexual violence occur, whilst also addressing the timely issues of online sexual cultures, BDSM and the grey areas of sexual offences. As such, it will appeal to scholars of sociology, criminology and law with interests in gender and sexual violence.

This book examines the divergent medical, political and legal constructions of intersex. The authors use empirical data to explore how intersex people are embodied through these frameworks which in turn influence their lived experiences. Through their analysis, the authors reveal the factors that motivate and influence the way in which policy makers and legislators approach the area of intersex rights. They reflect on the limitations of law as the primary vehicle in challenging healthcare's framing of intersex as a 'disorder' in need of fixing. Finally, they offer a more holistic account of intersex justice which is underpinned by psychosocial support and bodily integrity.

Black Girlhood, Punishment, and Resistance: Reimagining Justice for Black Girls in Virginia provides a historical comprehensive examination of racialized, classed, and gendered punishment of Black girls in Virginia during the early twentieth century. It looks at the ways in which the court system punished Black girls based upon societal accepted norms of punishment, hinged on a notion that they were to be viewed and treated as adults within the criminal legal system. Further, the book explores the role of Black Club women and girls as agents of resistance against injustice by shaping a social justice framework and praxis for Black girls and by examining the establishment of the Virginia Industrial School for Colored Girls. This school was established by the Virginia State Federation of Colored Women's Clubs and its first President, Janie Porter Barrett. This book advances contemporary criminological understanding of punishment by locating the historical origins of an environment normalizing unequal justice. It draws from a specific focus on Janie Porter Barrett and the Virginia Industrial School for Colored Girls; a groundbreaking court case of the first female to be executed in Virginia; historical newspapers; and Black Women's Club archives to highlight the complexities of Black girls' experiences within the criminal justice system and spaces created to promote social justice for these girls. The historical approach unearths the justice system's role in crafting the pervasive devaluation of Black girlhood through racialized, gendered, and economic-based punishment. Second, it offers insight into the ways in which, historically, Black women have contributed to what the book conceptualizes as "resistance criminology," offering policy implications for transformative social and legal justice for Black girls and girls of color impacted by violence and punishment. Finally, it offers a lens to explore Black girl resistance strategies, through the lens of the Black Girlhood Justice framework. Black Girlhood, Punishment, and Resistance uses a historical intersectionality framework to provide a comprehensive overview of cultural, socioeconomic, and legal infrastructures as they relate to the punishment of Black girls. The research illustrates how the presumption of guilt of Black people shaped the ways that punishment and the creation of deviant Black female identities were legally sanctioned. It is essential reading for academics and students researching and studying crime, criminal justice, theoretical criminology, women's studies, Black girlhood studies, history, gender, race, and socioeconomic class. It is also intended for social justice organizations, community leaders, and activists engaged in promoting social and legal justice for the youth.

This book critically examines domestic violence law in India. It focuses on women's experiences and perspectives as victims and litigants, with regard to accessibility to law and justice. It also reflects on the manner in which the legal process reproduces gender hierarchies. This volume: Analyzes the legal framework from a gender perspective to pinpoint the inherent stereotypes, prejudices and discriminatory practices that come into play while interpreting the law; Includes in-depth interviews and case studies, and explores critical themes such as marriage, rights, family, violence, property and the state; Presents alternatives beyond the domain of law, such as qualitative medical care and legal aid facilities, shelter homes, short-stay homes, childcare facilities, and economic and social security provisions to survivors and their children. Drawing on extensive testimonies and ethnographic studies situated in a theoretical framework of law, this book will be of great interest to scholars and researchers of law, gender, human rights, women's studies, sociology and social anthropology, and South Asian studies.

Doctors routinely deny patients access to hormonal birth control prescription refills, and this issue has broad interest for feminism, biomedical ethics, and applied ethics in general. Medical Sexism argues that such practices violate a variety of legal and moral standards, including medical malpractice, informed consent, and human rights. Jill B. Delston makes the case that medical sexism serves as a major underlying cause of these systemic and persistent violations. Delston also considers other common abuses in the medical field, such as policy on abortion access and treatment in childbirth. Delston argues that sexism is a better explanation for the widespread abuse of patient autonomy in reproductive health and health care generally. Identifying, addressing, and rooting out medical sexism is necessary to successfully protect medical and moral values.

This thought-provoking book conceptualizes femicide as a multifaceted human rights violation and proposes state responsibility for group-related risks of violence against women and girls. In doing so, it reassesses the concept of femicide, analysing it in view of the crime of genocide, crimes against humanity, war crimes, as well as several facets of human rights. Angela Hefti challenges the common definition of femicide, extending it beyond the killing of women due to their gender to include elements of victim blame, sexual abuse, forced marriage and delayed investigations by authorities. Chapters address femicide in the context of the African, Inter-American and European regional and universal human rights systems. Case studies from Iraq, Nigeria and Mexico provide a fundamental understanding of the multidimensional and worldwide nature of femicide. Spanning several key academic debates, the book incorporates underlying feminist legal theory and approaches pertaining to the subordination of women and girls in society, arguing that femicide should qualify as an autonomous human rights violation. Providing an impetus for further research on femicide, particularly on state responsibility for crimes committed by private actors, this book will be a crucial resource for academics in human rights and humanitarian law, criminal law and justice. The book will also be highly valuable to activists, practitioners, and lawyers with an interest in advancing aspects of femicide in international human rights law.

Despite ongoing challenges to the criminalisation and surveillance of queer lives, police leaders are now promoted as allies and defenders of LGBT rights. However, in this book, Emma K. Russell argues that the surface inclusion of select LGBT identities in the protective aspirations of the law is deeply tenuous and conditional, and that police recognition is both premised upon and reproductive of an imaginary of' 'good queer citizens'-those who are respectable, responsible, and 'just like' their heterosexual counterparts. Based on original empirical research, Russell presents a detailed analysis of the political complexities, compromises, and investments that underpin LGBT efforts to achieve sexual rights and protections. With a historical trajectory that spans the so-called 'decriminalisation' era to the present day, she shows how LGBT activists have both resisted and embraced police incursions into queer space, and how-with LGBT support-police leaders have re-crafted histories of violence as stories of institutional progress. Queer Histories and the Politics of Policing advances broader understandings of the nature of police power and the shifting terrain of sexual citizenship. It will be of interest to students and researchers of criminology, sociology, and law engaged in studies of policing, social justice, and gender and sexuality.

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.

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 book considers how a phenomenon as complex as coercive control can be criminalised. The recognition and ensuing criminalisation of coercive control in the UK and Ireland has been the focus of considerable international attention. It has generated complex questions about the "best" way to criminalise domestic abuse. This work reviews recent domestic abuse criminal law reform in the UK and Ireland. In particular, it defines coercive control and explains why using traditional criminal law approaches to prosecute it does not work. Laws passed in England and Wales versus Scotland represent two different approaches to translating coercive control into a criminal offence. This volume explains how and why the jurisdictions have taken different approaches and examines the advantages and disadvantages of each. As jurisdictions around the world review what steps need to be taken to improve national criminal justice responses to domestic abuse, the question of what works, and why, at the intersection of domestic abuse and the criminal law has never been more important. As such, the book will be a vital resource for lawyers, policy-makers and activists with an interest in domestic abuse law reform.

EPUB and EPDF available Open Access under CC-BY-NC-ND licence. What is feminist peace? How can we advocate for peace from patriarchy? What do women, globally, advocate for when they use the term 'peace'? This edited collection brings together conversations across borders and boundaries to explore plural, intersectional and interdisciplinary concepts of feminist peace. The book includes contributions from a geographically diverse range of scholars, judges, practitioners and activists, and the chapters cut across themes of movement building and resistance and explore the limits of institutionalized peacebuilding. The chapters deal with a range of issues, such as environmental degradation, militarization, online violence and arms spending. Offering a resource to advance theoretical development and to advocate for policy change, this book transcends traditional approaches to the study of peace and security and embraces diverse voices and perspectives which are absent in both academic and policy spaces.

Focusing on femicide, this book provides a contemporary re-evaluation of Carol Smart's innovative approach to the law question as first outlined in her ground-breaking book, Feminism and the Power of Law (Routledge 1989). Smart advocated turning to the legal domain not so much for demanding law reforms as construing it as a site on which to contest gender and more particularly, gendered constructions of women's experiences. Over the last 30 to 40 years, feminist law scholars and activists have launched scathing trans-jurisdictional critiques of the operation of provocation defences in hundreds of femicide cases. The evidence unearthed by feminist scholars that these defences operate in profoundly sexed ways is unequivocal. Accordingly, femicide cases have become critically important sites for feminist engagement and intervention across numerous jurisdictions. Exploring an area of criminal law that was not one of Smart's own focal concerns, this book both honours and extends Smart's work by approaching femicide as a site of engagement and counter-discourse that calls into question hegemonic representations of gendered relationships. Femicide cases thus provide a way to continue the endlessly valuable discursive work Smart advocated and practised in other fields of law: both in articulating alternative accounts of gendered relationships and in challenging law's power to disqualify women's experiences of violence while privileging men's feelings and rights.