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.

This book brings together a range of theoretical perspectives to consider fundamental questions of health law and the place of the body within it. Health, and more recently health law, has long been animated by discussions of particular bodies - whether they are disordered, diseased, or disabled - but each of these classificatory regimes claim some knowledge about the body. This edited collection aims to uncover and challenge the fundamental assumptions that underpin medico-legal knowledge claims about such bodies. This exploration is achieved through a mix of perspectives, but many contributors look towards embodiment as a perspective that understands bodies to be shaped by their institutional contexts. Much of this work alerts us to the idea that medical practitioners not only respond to healthcare issues, but also create them through their own understandings of 'normality' and 'fixing'. Bodies, as a result, cannot be understood outside of, or as separate to, their medical and legal contexts. This compelling book pushes the possibility of new directions in health care and health justice. Chapter 5 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

This book is an account of the concept of equality from the perspective of both theory and practice, and presents methods of quantifying values. It considers both arguments and evidence, and tackles equality in its different forms, including economic equality, education, equality before the law, equality of opportunity, and gender equality. The book shows that inequality is a profoundly moral question, noting that there are good practical reasons for its adoption. It presents a consideration of classical theories from Aristotle to Hume, as well as contemporary approaches such as those offered by Rawls, Haidt, Temkin, and Parfit. It also contemplates issues such as the naturalistic fallacy, and considers what is different about the Goleman view of moral sensitivity and the ethical personality. The array of evidence includes the impact of climate and various plants such as sugar and cotton on the slave trade, the concept of Gaia, Darwinism, sex inequality, personality, culture, psychological issues, and the quantification of ethics. The book concludes with some practical suggestions for improving equality. It aims to raise awareness of the ways in which equality can be understood, and achieved. It will be relevant to students and scholars in philosophy, human rights, and law.

Intimate Partner Violence is a serious social problem affecting millions in the United States and worldwide. The image of violence enacted by a male aggressor to a female victim dominates public perceptions of intimate partner violence (IPV). This volume examines how this heteronormativity influences reporting and responding to partner violence when those involved do not fit the stereotype of a typical victim of IPV. Research and theory have helped us to understand power dynamics about heterosexual IPV; this book encourages greater attention to the unique issues and power dynamics of IPV in sexual minority populations. Divided into five distinct sections, chapters address research and theories associated with IPV, examining the similarities and differences of IPV within heterosexual and gender minority relationships. Among the topics discussed: Research methodology and scope of the problem Primary prevention and intervention of IPV among sexual and gender minorities Barriers to help-seeking among various populations Promoting outreach and advocacy Criminal justice response to IPV With recommendations for intervention and prevention, criminal justice response and policy, Intimate Partner Violence and the LGBT+ Community: Understanding Power Dynamics will be of use to students, researchers, and practitioners of psychology, criminal justice, and public policy.

The popular handbook to estate planning, now updated for 2018 Since its first publication in 2002, New Rules for Estate, Retirement, and Tax Planning has sold more than 40,000 copies, providing a solid, accessible introduction to estate planning for any age or income bracket. Now in its sixth edition, Estate, Retirement, and Tax Planning continues this tradition, covering such topics as trusts, donations, life insurance, and wills in easy-to-understand language that offers valuable insights and solid strategies to help you preserve your wealth and plan your estate so that your assets go where you want with a minimum of taxes and government interference. This comprehensive guide answers such common questions as: How much do I need to retire comfortably? How do I protect my children's inheritance? How do I ensure planned donations are made after I'm gone? And many more. The Sixth Edition is also fully updated to reflect changes following the 2018 Tax Cuts and Jobs Act, so that you can learn how new regulations could impact your inheritance and trusts. Other notable features include advice on working with elderly parents and introducing financial planning to children and teenagers, in addition to a list of professional advisers and a glossary of estate planning terms. Understand estate planning and obtain solid strategies for growing your wealth Explore asset protection and succession planning strategies Discover how recent updates to the tax code could affect you and your heirs Stay informed of any relevant law changes with an author-managed web site Estate, Retirement, and Tax Planning contains a wealth of valuable information for any adult who needs help planning their financial future, from the established professional heading toward retirement, to the young adult looking to understand the basics. Wherever you are in your journey, use Estate, Retirement, and Tax Planning to ensure your legacy is protected.

This book explores, through a children's rights-based perspective, the emergence of a safeguarding dystopia in child online protection that has emerged from a tension between an over-reliance in technical solutions and a lack of understanding around code and algorithm capabilities. The text argues that a safeguarding dystopia results in docile children, rather than safe ones, and that we should stop seeing technology as the sole solution to online safeguarding. The reader will, through reading this book, gain a deeper understanding of the current policy arena in online safeguarding, what causes children to beocme upset online, and the doomed nature of safeguarding solutions. The book also features a detailed analysis of issues surrounding content filtering, access monitoring, surveillance, image recognition, and tracking. This book is aimed at legal practitioners, law students, and those interested in child safeguarding and technology.

* Explores the many roles women play in the criminal justice system, including victims, justice-involved individuals, and professionals. * Designed to appeal to a generation standing on the threshold of change they believe in and helped to initiate, within the context of contemporary social movements such as the #MeToo movement and Black Lives Matter. * Features an empowerment approach that focuses on the intersection of gender, race, and class.

This book discusses the evolving principle of transitional justice in public international law and international relations from the female perspective at a time when the concept is increasingly recognised by the international community as an effective framework in which to negotiate and manage a community's post-conflict transition to peace and stability. The book adopts a gender lens with a particular focus on women's direct experiences and perceptions either as intended beneficiaries of transitional justice (TJ), protagonists in that process or as practitioners, in order to present a unique view in relation to the development of TJ. The range of experiences and knowledge in this collection provides a fresh and unique perspective through its blend of theory and practice. This book will be of particular interest to students and scholars of law, political science and gender studies.

This book addresses the Business Against Domestic Violence (BADV) project launched by the Corporate Governance Forum of Turkey (CGFT), a research center at Sabanci University School of Management. The goal of BADV is to mobilize companies to combat intimate partner violence (IPV) in Turkey. The project was realized in a collaborative partnership with the United Nations Population Fund (UNFPA), with the support of Sabanci Foundation and in co-operation with Turkish Industrialists and Business Association (TUSIAD). The book is divided into two sections. Section 1, which focuses on the project itself, frames the elimination of IPV as an SDG target, and provides a detailed account of the project's motivation, underlying research, project organization, implementation, and outcome. The question of why gender equality and IPV matter for business is also addressed. Lastly, the role of business schools and management scholars in creating practical and actionable knowledge to achieve development goals is discussed, based on the BADV experience. In turn, Section 2 explores the background of the project and sheds a multidisciplinary light on the local context. The main objective of the book is to encourage business schools and business organizations to form partnerships in pursuit of Goal-5 and other SDG targets, helping to create actionable knowledge and prompt social action. The book presents IPV from all relevant perspectives and focuses on Turkey, a key emerging economy and G-20 country.

Despite the pervasive changes that have taken place in women s lives in the past twenty-five years--increased participation in the labor force, the attainment of higher levels of education, and higher salaries--comparable changes in the division of family labor and in the roles of men have lagged considerably. In this timely book, the editors and other experts in feminism and family studies examine the effects of two decades of influence by the women s movement on sex roles and child rearing. While applauding some positive changes, the contributors point to powerful forces of resistance to equality between the sexes, especially "the question of family"--the fear of depriving children of maternal attachment and the belief that working mothers are placing their own interests above those of other family members--as an issue that, until fully addressed, prevents genuine equality between the sexes."

This book identifies, analyses and discusses the nexus of legal issues that have emerged in recent years around sexuality and gender. It audits these against specific human rights requirements and evaluates the outcomes as evidenced in the legislation and caselaw of six leading common law jurisdictions. Beginning with a snapshot of the legal definitions and sanctions associated with the traditional marital family unit, the book examines the subsequently evolving key concepts and constructs before outlining the contemporary international framework of human rights as it relates to matters of sexuality and gender. It proceeds by identifying a set of themes, including the rights to identity, to form a family, to privacy, to equality and to non-discrimination, and undertakes a comparative evaluation of how these and other themes indicate areas of commonality and difference in the approaches adopted in those common law jurisdictions, as illustrated by the associated legislation and caselaw. It then considers why this should be and assesses the implications.

Looking at discrimination, education, environment, health and crime, this volume analyses United States Supreme Court rulings on several legal issues and proposed libertarian solutions to each problem. Setting their own liberal theory of law, each chapter discusses the law at hand, what it should be, and what it would be if their political economic philosophy were the justification of the legal practice. Covering issues such as sexual harassment, religion, markets in human organs, drug prohibition and abortion, this book is a timely contribution to classical liberal debate on law and economics.

This book offers a comprehensive examination of the ways in which the criminal justice system of England and Wales has regulated, and failed or refused to regulate, lesbianism. It identifies the overarching approach as one of silencing: lesbianism has not only been ignored or regarded as unimaginable, but was deliberately excluded from legal discourses. A series of case studies ranging from 1746 to 2013 from parliamentary debates to individual prosecutions shed light on the complex process of regulation through silencing. They illuminate its evolution over three centuries and explore when and why it has been breached. The answers Derry uncovers can be fully understood only in the context of surrounding social and legal developments which are also considered. Lesbianism and the Criminal Law makes an important contribution to the growing bodies of literature on feminism, sexuality and the law and the legal history of sexual offences.

A fascinating exploration of how the law--as viewed and decided by the courts--often embodies fear and prejudice against homosexuality, and thereby, becomes the instrument for discrimination. This valuable book covers a wide range of subjects, illustrating the extent to which the lives of gay persons are touched by these laws and providing a highly critical examination of the response by the American judicial system to our claims for equal protection under the law. Leading law professors and practicing lawyers address the important legal issues and court decisions relevant to male and female homosexuality--criminal punishment for gay sex acts, employment discrimination, child custody, gay organizational rights, and more.

In 1951, a new type of publication appeared on newsstands-the physique magazine produced by and for gay men. For many men growing up in the 1950s and 1960s, these magazines and their images and illustrations of nearly naked men, as well as articles, letters from readers, and advertisements, served as an initiation into gay culture. The publishers behind them were part of a wider world of "physique entrepreneurs": men as well as women who ran photography studios, mail-order catalogs, pen-pal services, book clubs, and niche advertising for gay audiences. Such businesses have often been seen as peripheral to the gay political movement. In this book, David K. Johnson shows how gay commerce was not a byproduct but rather an important catalyst for the gay rights movement. Offering a vivid look into the lives of physique entrepreneurs and their customers, and presenting a wealth of illustrations, Buying Gay explores the connections-and tensions-between the market and the movement. With circulation rates many times higher than the openly political "homophile" magazines, physique magazines were the largest gay media outlets of their time. This network of producers and consumers helped foster a gay community and upend censorship laws, paving the way for open expression. Physique entrepreneurs were at the center of legal struggles, especially against the U.S. Post Office, including the court victory that allowed full-frontal male nudity and open homoeroticism. Buying Gay reconceives the history of the gay rights movement and shows how consumer culture helped create community and a site for resistance.

This book examines how the prison environment, architecture and culture can affect mental health as well as determine both the type and delivery of mental health services. It also discusses how non-medical practices, such as peer support and prison education programs, offer the possibility of transformative practice and support. By drawing on international contributions, it furthermore demonstrates how mental health in prisons is affected by wider socio-economic and cultural factors, and how in recent years neo-liberalism has abandoned, criminalised and contained large numbers of the world's most marginalised and vulnerable populations. Overall, this collection challenges the dominant narrative of individualism by focusing instead on the relationship between structural inequalities, suffering, survival and punishment. Chapter 2 of this book is available open access under a CC BY 4.0 license via link.springer.com.

In States of Passion: Law, Identity and the Social Construction of Desire, Professor Yvonne Zylan explores the role of legal discourse in shaping sexual experience, sexual expression, and sexual identity. The book focuses on three topics: anti-gay hate crime laws, same-sex sexual harassment, and same-sex marriage, examining how sexuality is socially constructed through the institutionally-specific production of legal discourse.
States of Passion argues that law's power to authorize specific discourses and practices of love, desire, hatred, fear, and vulnerability remain grounded in the powerful discourses and institutional practices that mark law as dispassionate, cerebral, and fundamentally procedural. States of Passion contends that those states of passion we experience in our daily lives as particularly significant-to our sense of self, to our collective and social identities, and to our ideas about the body and its dictates-increasingly have as much to do with the state as they do with passion.

* Brings a unique perspective on law and sexuality by examining issues through social science. * Contextualizes sexuality and gender issues through multiple perspectives for future criminal justice professionals * Case Studies and "Law in Action" boxes that highlight specific laws and judicial opinions on controversial topics. * Pedagogical features including Learning Objectives, Key Terms, Glossary, and Suggested Readings enhance reader comprehension.

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.

What should be the primary goals of a judicial appointments system, and how much weight should be placed on diversity in particular? Why is achieving a diverse judiciary across the UK taking so long? Is it time for positive action? What role should the current judiciary play in the appointment of our future judges? There is broad agreement within the UK and other common law countries that diversity raises important questions for a legal system and its officials, but much less agreement about the full implications of recognising diversity as an important goal of the judicial appointments regime. Opinions differ, for example, on the methods, forms, timing and motivations for judicial diversity. To mark the tenth anniversary of the creation of the Judicial Appointments Commission (JAC) in England and Wales, this collection includes contributions from current and retired judges, civil servants, practitioners, current and former commissioners on the JAC and leading academics from Australia, Canada, South Africa and across the UK. Together they provide timely and authoritative insights into past, current and future debates on the search for diversity in judicial appointments. Topics discussed include the role and responsibility of independent appointment bodies; assessments of the JAC's first ten years; appointments to the UK Supreme Court; the pace of change; definitions of 'merit' and 'diversity'; mandatory retirement ages; the use of ceiling quotas; and the appropriate role of judges and politicians in the appointments process.

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.