Law, Religion and Homosexuality is the first book-length study of how religion has shaped, and continues to shape, legislation that regulates the lives of gay men and lesbians . Through a systematic examination of how religious discourse influences the making of law - in the form of official interventions made by faith communities and organizations, as well as by expressions of faith by individual legislators - the authors argue that religion continues to be central to both enabling and restricting the development of sexual orientation equality. Whilst some claim that faith has been marginalized in the legislative processes of contemporary western societies, Johnson and Vanderbeck show the significant impact of religion in a number of substantive legal areas relating to sexual orientation including: same-sex sexual relations, family life, civil partnership and same-sex marriage, equality in employment and the provision of goods and services, hate speech regulation, and education. Law, Religion and Homosexuality demonstrates the dynamic interplay between law and religion in respect of homosexuality and will be of considerable interest to a wide audience of academics, policy makers and stakeholders.

Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual orientation and gender identity, and explores how the development of an anti-refugee agenda in many Western states exponentially increases vulnerability for refugees making gendered claims. The volume includes contributions from scholars and members of the advocacy community that allow the book to examine conceptual and doctrinal themes arising at the intersection of gender and refugee law, and specific case studies across major Western refugee-receiving nations. The book will be of great interest and value to researchers and students of asylum and immigration law, international politics, and gender studies.

Women, Judging and the Judiciary examines debates about gender representation in the judiciary and the importance of judicial diversity. It offers a fresh look at the role of the (woman) judge and the process of judging and provides a new analysis of the assumptions which underpin and constrain debates about why we might want a more diverse judiciary, and how we might get one. Through a theoretical engagement with the concepts of diversity and difference in adjudication, Women, Judging and the Judiciary contends that prevailing images of the judge are enmeshed in notions of sameness and uniformity: images which are so familiar that their grip on our understandings of the judicial role are routinely overlooked. Failing to confront these instinctive images of the judge and of judging, however, comes at a price. They exclude those who do not fit this mould, setting them up as challengers to the judicial norm. Such has been the fate of the woman judge. But while this goes some way to explaining why, despite repeated efforts, our attempts to secure greater diversity in our judiciary have fallen short, it also points a way forward. For, by getting a clearer sense of what our judges really do and how they do it, we can see that women judges and judicial diversity more broadly do not threaten but rather enrich the judiciary and judicial decision-making. As such, the standard opponent to measures to increase judicial diversity - the necessity of appointment on merit - is in fact its greatest ally: a judiciary is stronger and the justice it dispenses better the greater the diversity of its members, so if we want the best judiciary we can get, we should want one which is fully diverse. Women, Judging and the Judiciary will be of interest to legal academics, lawyers and policy makers working in the fields of judicial diversity, gender and adjudication and, more broadly, to anyone interested in who our judges are and what they do.

Did she choose that?' Or, more normatively, 'Why would she choose that?' This book critiques and offers an alternative to these questions, which have traditionally framed law and policy discussions circulating around controversial genderized practices. It examines the simplicity and incompleteness of choice-based rhetoric and of presumptions that women's conduct is shaped, in an absolute way, either by choice or by coercion. This book develops an analytical framework that aims to discern the meaning and value that women may ascribe to morally ambiguous practices. An analysis of law's approach to polygamy, surrogacy and sex work, particularly in Canada, the United Kingdom and Australia, provides a basis for evaluating the choice-coercion binary and for contemplating alternate modes for assessing, from a law and policy standpoint, the palatability of social practices that appear pernicious to women. Weaving together interdisciplinary research, an innovative analytical framework for assessing choices ostensibly harmful to women, and a critique of the legal rules governing such choices, this book bears relevance for students, scholars, practicing jurists and policymakers seeking a richer understanding of conduct that moves women to the margins of law and society.

For feminist international law scholars, practitioners, and advocates, the first two decades of the new millennium have produced moments of elation and disenchantment. In the Research Handbook on Feminist Engagement with International Law, a network of scholars and practitioners from a diverse group of countries contemplate the future of feminist engagement with international law. Can international law increase its relevance, beneficence, and impact for women in the developed and developing world? How can international law deal with a much wider range of issues relevant to women's lives than it currently does? What are the next frontiers for gender and international law making, law reform, and the beneficiaries of international law? The diverse global contributions to this Research Handbook delineate a future where feminist engagement with international law is robust, diverse, inclusive, influential, and leads to positive change in women's lives. The Research Handbook addresses larger themes of feminism and international law that will interest international law and gender studies scholars as well as HDR students. Additionally, this exploration will prove to be an asset to UN and INGO networks, regional organizations, and NGOs and social movements. Contributors include: J. Aeberhard-Hodges, S. Airey, M.P. Assis, B. Bennett, K. Chandrakirana, L. Chappell, H. Charlesworth, S.E. Davies, J.J. Dawuni, D. Estrada-Tanck, P. Finckenberg-Broman, G.M. Frisso, V. Fynn Bruey, J. Geng, F. Gerry, B. Goldblatt, R. Grey, M. Hansel, S. Harris Rimmer, R. Houghton, A. Isaac, M. Keyes, E. Larking, R. Maguire, A. O'Donoghue, D. Otto, K. Ogg, J. Ramji-Nogales, K. Rubenstein, S. Samar, G. Simm, N. Tzouvala, K. Woolaston, E. Yahyaoui Krivenko

With contributions from some of the most prominent voices writing on gender, law and religion today, this book illuminates some of the conflicts at the intersection of feminism, theology and law. It examines a range of themes from the viewpoint of identifiable traditions such as Judaism, Christianity, Islam and Buddhism, from a theoretical and practical perspective. Among the themes discussed are the cross-over between religious and secular values and assumptions in the search for a just jurisprudence for women, the application of theological insights from religious traditions to legal issues at the core of feminist work, feminist legal readings of scriptural texts on women's rights and the place that religious law has assigned to women in ecclesiastic life. Feminists of faith face challenges from many sides: patriarchal remnants in their own tradition, dismissal of their faith commitments by secular feminists and balancing the conflicting loyalties of their lives. The book will be essential reading for legal and religious academics and students working in the area of gender and law or law and religion.

With contributions from some of the most prominent voices writing on gender, law and religion today, this book illuminates some of the conflicts at the intersection of feminism, theology and law. It examines a range of themes from the viewpoint of identifiable traditions such as Judaism, Christianity, Islam and Buddhism, from a theoretical and practical perspective. Among the themes discussed are the cross-over between religious and secular values and assumptions in the search for a just jurisprudence for women, the application of theological insights from religious traditions to legal issues at the core of feminist work, feminist legal readings of scriptural texts on women's rights and the place that religious law has assigned to women in ecclesiastic life. Feminists of faith face challenges from many sides: patriarchal remnants in their own tradition, dismissal of their faith commitments by secular feminists and balancing the conflicting loyalties of their lives. The book will be essential reading for legal and religious academics and students working in the area of gender and law or law and religion.

"Feminist Theory, Crime, and Social Justice" offers an insightful look at the primarily masculine-driven perspective on crime and justice through the lens of feminist theory. This first installment in the Theoretical Criminology series presents the argument that an increased understanding of the female crime typology, life course, and gender-specific programming will improve social justice for offenders. Discussions on the direct implications of the way society views crime and justice contribute to policy recommendations for helping to improve these views, specifically as they relate to female crime.

About the Theoretical Criminology Series: The Theoretical Criminology series consists of short-format content on some of the best cross-disciplinary studies focusing on contemporary theory and thought from across the social sciences and humanities, all specifically designed to meet the needs of the criminal justice community. Each work is designed to provide students and scholars with a rigorous introduction to the theory or perspective under consideration as well as its direct implications for the way we think about issues of crime and justice. Students and instructors wishing to add theoretical enrichment to their courses and studies can add these digestible, inexpensive works to their reading lists, bringing insight and understanding from the world of social science and humanities to that of criminal justice.
Includes a robust introduction to feminist theory and its evolution into feminist criminologyDescribes gender-specific differences in crimes committed by men and womenIdeal for use as a supplemental text in many criminology courses, or as one of a collection of smaller texts for high-level theory courses

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.

There has been much important work done in the past two decades in America on issues of under representation based on social differences such as race, ethnicity, class, gender, sexuality, and age. While this scholarship has examined the ways in which women and racial, ethnic, and sexual minorities suffer disproportionately on measures of full citizenship, social class and culture have received relatively little attention. This new study addresses various manifestations of social class and cultural difference as well as their implications for political representation. The analysis demonstrates how three of the most influential feminist theorists who write about political representation conceive of group representation, identify the problems that group representation claims to remedy, and assess the strengths and weaknesses associated with these models. Using theoretical argument, the volume suggests practical electoral reform in order to encourage new and emancipating forms of political engagement. It will be of value to those interested in public policy and governance, political theory, gender studies and law and society in general.

Anarchism & Sexuality aims to bring the rich and diverse traditions of anarchist thought and practice into contact with contemporary questions about the politics and lived experience of sexuality. Both in style and in content, it is conceived as a book that aims to question, subvert and overflow authoritarian divisions between the personal and political; between sexual desires categorised as heterosexual or homosexual; between seemingly mutually exclusive activism and scholarship; between forms of expression such as poetry and prose; and between disciplinary categories of knowledge. Anarchism & Sexuality seeks to achieve this by suggesting connections between ethics, relationships and power, three themes that run throughout. The key objectives of the book are: to bring fresh anarchist perspectives to debates around sexuality; to make a queer and feminist intervention within the most recent wave of anarchist scholarship; and to make a queerly anarchist contribution to social justice literature, policy and practice. By mingling prose and poetry, theory and autobiography, it constitutes a gathering place to explore the interplay between sexual and social transformation.This book will be of use to those interested in anarchist movements, cultural studies, critical legal theory, gender studies, and queer and sexuality studies.

The partial defence of provocation is one of the most controversial doctrines within the criminal law. It has now been abolished in a number of international jurisdictions. Addressing the trajectory of debates about reform of the provocation defence across different jurisdictions, Sex, Culpability and the Defence of Provocation considers the construction and representation of subjectivity and sexual difference in legal narrations of intimate partner homicide. Undeniably, the most vexing exculpatory cultural narrative of our times is that of a woman 'asking for it'. This book explores how the process of judgment in a criminal trial involves not only the drawing of inferences from the facts of a particular case, but also operates to deliver a narrative. Law, it is argued, constructs a narrative of how the female body incites male violence. And, pursuing an approach that is informed by socio-legal studies, literary theory and feminist theories of the body, Sex, Culpability and the Defence of Provocation considers how this narrative is constructed via a range of discursive practices that position woman as a threat to masculine norms of propriety and autonomy. Once we have a clear understanding of the significance of narrative in legal decision-making, we can then formulate textual strategies of resistance to the violence of law's victim-blaming narratives by rewriting them.

Feminist Perspectives on Tort brings together acknowledged experts in these two areas to pursue a distinctly feminist approach to the major areas of tort law. The first half of the book addesses negligence - including an examination of feminist issues in relation to the duty of care, procreative injuries and loss, police negligence, psychiatric harm, the standard of care and product liability. The second half of the book takes up the nominate torts: the personal torts - including the recently expanding area of privacy and torts in relation to sexual wrong and rape - and land torts - including environmental issues and gender. The final chapter of the volume considers the way in which gender affects the courts calculation of damages to the detriment of women. International in its scope, and accessibly written, Feminist Perspectives on Tort Law will be required reading for students, scholars and practitioners.

The partial defence of provocation is one of the most controversial doctrines within the criminal law. It has now been abolished in a number of international jurisdictions. Addressing the trajectory of debates about reform of the provocation defence across different jurisdictions, Sex, Culpability and the Defence of Provocation considers the construction and representation of subjectivity and sexual difference in legal narrations of intimate partner homicide. Undeniably, the most vexing exculpatory cultural narrative of our times is that of a woman 'asking for it'. This book explores how the process of judgment in a criminal trial involves not only the drawing of inferences from the facts of a particular case, but also operates to deliver a narrative. Law, it is argued, constructs a narrative of how the female body incites male violence. And, pursuing an approach that is informed by socio-legal studies, literary theory and feminist theories of the body, Sex, Culpability and the Defence of Provocation considers how this narrative is constructed via a range of discursive practices that position woman as a threat to masculine norms of propriety and autonomy. Once we have a clear understanding of the significance of narrative in legal decision-making, we can then formulate textual strategies of resistance to the violence of law's victim-blaming narratives by rewriting them.

The law is a well-known tool in fighting gender inequality, but which laws actually advance women's rights? This book unpacks the complex nuances behind gender-responsive domestic legislation, from several of the world's leading experts on gender equality. Drawing on domestic examples and international law, it provides a primer of theory alongside tangible and practical solutions to fulfil the promise of the law to deliver equality between men and women. Part I outlines what progress has been made to date on eradicating gender inequality, and insights into the law's potential as one lever in the global struggle for equality. Parts II and III go on to explore concrete areas of law, with case studies from multiple jurisdictions that examine how well domestic legislation is working for women. The authors bring their critical lens to areas of law often considered from a gender perspective - gender-based violence, women's reproductive health, labour and gender equality quotas - while bringing much-needed analysis to issues often ignored in gender debates, such as taxation, environmental justice and good governance. Part IV seeks to move from a theoretical goal of greater accountability to a practical one. It explores both accountability for international women's rights norms at the domestic level and the potential of feminist approaches to legislation to deliver laws that work for women. Written for students, academics, legislators and policymakers engaged in international women's rights law, gender equality, government accountability and feminist legal theory, this book has tremendous transformative potential to drive forward legal change towards the eradication of gender inequality.

Winner of the 2011 SLSA-Hart Socio-Legal Book Prize Regulating Sexuality: Legal Consciousness in Lesbian and Gay Lives explores the impact that recent seismic shifts in the legal landscape have had for lesbians and gay men. The last decade has been a time of extensive change in the legal regulation of lesbian and gay lives in Britain, Canada and the US. Almost every area that the law impacts on sexuality has been reformed or modified. These legal developments combine to create a new, uncharted terrain for lesbians and gay men. And, through an analysis of their attitudes, views and experiences, this book explores the effects of these developments. Drawing on-as well as developing-the concept of 'legal consciousness', Regulating Sexuality focuses on four different 'texts': qualitative responses to a large-scale online survey of lesbians' and gay men's views about the legal recognition of same sex relationships; published auto/biographical narratives about being and becoming a lesbian or gay parent; semi-structured, in-depth, interviews with lesbians and gay men about relationship recognition, parenting, discrimination and equality; and fictional utopian texts. In this study of the interaction between law and society in social justice movements, Rosie Harding interweaves insights from the new legal pluralism with legal consciousness studies to present a rich and nuanced exploration of the contemporary regulation of sexuality.

Over the last few decades, there has been a marked increase in media and debate surrounding a specific group of offences in modern Democratic nations which bear the brunt of the label 'crimes against morality'. Included within this group are offences related to prostitution and pornography, homosexuality and incest and child sexual abuse. This book examines the nexus between sex, crime and morality from a theoretical perspective. This is the first academic text to offer an examination and analysis of the philosophical underpinnings of sex-related crimes and social attitudes towards them and the historical, anthropological and moral reasons for differentiating these crimes in contemporary western culture. The book is divided into three sections corresponding to three theoretical frameworks: Part 1 examines the moral temporality of sex and taboo as a foundation for legislation governing sex crimes Part 2 focuses on the geography of sex and deviance, specifically notions of public morality and the public private divide Part 3 examines the moral economy of sex and harm, including the social construction of harm. Sex, Crime and Morality will be key reading for students of criminology, criminal justice, gender studies and ethics, and will also be of interest to justice professionals.

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 brings to life the experiences of children affected by maternal imprisonment, and provides unique, in-depth analysis of judicial thinking on this issue. It explores the experiences of children whose mothers are sentenced to imprisonment in England and Wales and contrasts their state-sanctioned separation from their mothers in the criminal courts (where the court may not even be aware of the existence of a child) to the state-sanctioned separation of children from their parents in the family courts, where the child has legal representation and their best interests are the court's paramount consideration. Drawing on detailed empirical research with children, caregivers, and Crown Court judiciary, Maternal Sentencing and the Rights of the Child brings together relevant literature on law, criminology, and human rights to provide insight into the reasons for the differentiated treatment and its implications for children, their caregivers, and wider society.

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.

Winner of the 2011 SLSA-Hart Socio-Legal Book Prize

Regulating Sexuality: Legal Consciousness in Lesbian and Gay Lives explores the impact that recent seismic shifts in the legal landscape have had for lesbians and gay men. The last decade has been a time of extensive change in the legal regulation of lesbian and gay lives in Britain, Canada and the US. Almost every area that the law impacts on sexuality has been reformed or modified. These legal developments combine to create a new, uncharted terrain for lesbians and gay men. And, through an analysis of their attitudes, views and experiences, this book explores the effects of these developments.

Drawing on-as well as developing-the concept of 'legal consciousness', Regulating Sexuality focuses on four different 'texts': qualitative responses to a large-scale online survey of lesbians' and gay men's views about the legal recognition of same sex relationships; published auto/biographical narratives about being and becoming a lesbian or gay parent; semi-structured, in-depth, interviews with lesbians and gay men about relationship recognition, parenting, discrimination and equality; and fictional utopian texts. In this study of the interaction between law and society in social justice movements, Rosie Harding interweaves insights from the new legal pluralism with legal consciousness studies to present a rich and nuanced exploration of the contemporary regulation of sexuality.

There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the UK, the US, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments - and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon different ethics - respectively, of justice and of care - for others, they can nevertheless be reconciled. In this respect, a central concern is the 'gender-blind' character of rights-based approaches, and the ontological and practical consequences of their employment in the gendered context of the family. Rights, Gender and Family Law explores the tensions between rights-based and welfare-based approaches: explaining their differences and connections; considering whether, if at all, they are reconcilable; and addressing the extent to which they can advantage or disadvantage the interests of women, children and men. It may be that rights-based discourses will dominate family law, at least in the way that social policy and legislation respond to calls of equality of rights between mothers and fathers. This collection, however, argues that rights cannot be given centre-stage without thinking through the ramifications for gendered power-relations, and the welfare of children. It will be of interest to researchers and scholars working in the fields of family law, gender studies and social welfare.

What does it mean to speak of 'men' as a gender category in relation to law? How does law relate to masculinities? This book presents the first comprehensive overview and critical assessment of the relationship between men, law and gender; outlining the contours of the 'man' of law across diverse areas of legal and social policy. Written in a theoretically informed, yet accessible style, Men, Law and Gender provides an introduction to the study of law and masculinities whilst calling for a richer, more nuanced conceptual framework in which men's legal practices and subjectivities might be approached. Building on recent sociological work concerned with the relational nature of gender and personal life, Richard Collier argues that social, cultural and economic changes have reshaped ideas about men and masculinities in ways that have significant implications for law. Bringing together voices and disciplines that are rarely considered together, he explores the way ideas about men have been contested and politicised in the legal arena. Including original empirical studies of male lawyers, the legal profession and fathers' rights and law reform, alongside discussions of university law schools and legal academics, and family policy and parenting cultures, this innovative, timely and important text provides a unique and important insight into the relationship between law, men and masculinities. It will be required reading for academics and students in law and legal theory, socio-legal studies, gender studies, sociology and social policy, as well as policy-makers and others concerned with the changing nature of gender relations.

There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the UK, the US, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments - and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon different ethics - respectively, of justice and of care - for others, they can nevertheless be reconciled. In this respect, a central concern is the 'gender-blind' character of rights-based approaches, and the ontological and practical consequences of their employment in the gendered context of the family. Rights, Gender and Family Law explores the tensions between rights-based and welfare-based approaches: explaining their differences and connections; considering whether, if at all, they are reconcilable; and addressing the extent to which they can advantage or disadvantage the interests of women, children and men. It may be that rights-based discourses will dominate family law, at least in the way that social policy and legislation respond to calls of equality of rights between mothers and fathers. This collection, however, argues that rights cannot be given centre-stage without thinking through the ramifications for gendered power-relations, and the welfare of children. It will be of interest to researchers and scholars working in the fields of family law, gender studies and social welfare.