This book explores the shortcomings of the criminal justice system's response to sexual violence. Despite a plethora of legal and policy reforms, concerns remain regarding the conviction rates for rape and the extent to which cases fall out of the system. Ample research has highlighted the ongoing impact of 'rape myths' and the presence of an 'implementation gap' whereby policies, provisions and measures - proposed in order to improve the system's response - are frequently not brought into practice, nor utilised as expected. Rape and the Criminal Trial proposes a move beyond representational theory and towards New Materialism and affects, a school of thought which emphasises the importance of embodiment and the ontological intensive regime as necessary in order to generate radical new approaches for understanding this problematic status quo, and in order to move forward to the production of more effective solutions.

This book draws on the analytic and political dimensions of queer, alongside the analytic and political usefulness of emotion, to navigate legal interventions aimed at progressing the rights of LGBT people. Scholars, activists, lawyers, and judges concerned with eliminating violence and discrimination against LGBT people have generated passionate conversations about pursuing law reform to make LGBT injuries, intimacies, and identities visible, while some challenge the ways legal systems marginalise queer minorities. Senthorun Sunil Raj powerfully contributes to these ongoing conversations by using emotion as an analytic frame to reflect on the ways case law seeks to "progress" the intimacies and identities of LGBT people from positions of injury. This book catalogues a range of cases from Australia, the United States, and the United Kingdom to unpack how emotion shapes the decriminalisation of homosexuality, hate crime interventions, anti-discrimination measures, refugee protection, and marriage equality. While emotional enactments in pro-LGBT jurisprudence enable new forms of recognition and visibility, they can also work, paradoxically, to cover over queer intimacies and identities. Raj innovatively shows that reading jurisprudence through emotions can make space in law to affirm, rather than disavow, intimacies and identities that queer conventional ideas about "LGBT progress", without having to abandon legal pursuits to protect LGBT people. This book will be of interest to students and scholars of human rights law, gender and sexuality studies, and socio-legal theory.

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.

Survivors of conversion practices - interventions meant to stop gender transition - have likened the process to torture. Florence Ashley rethinks and pushes forward the banning of these practices by surveying these bans in different jurisdictions, and addressing key issues around their legal regulation. Ashley also investigates the advantages and disadvantages of legislative approaches to regulating conversion therapies, and provides guidance for how prohibitions can be improved. Finally, Ashley offers a carefully annotated model law that provides detailed guidance for legislatures and policymakers. Most importantly, this book centres the experiences of trans people themselves in its analysis and recommendations.

This book presents a collection of studies by top scholars on leading cases from twelve different jurisdictions defining the legal status of unborn human life. The cases under study pertain to three distinctive cultural and constitutional systems: Latin American Constitutional Courts and the Inter-American Court of Human Rights, European Constitutional Courts and the European Court on Human Rights, as well as Common Law jurisdictions. With a special conclusion by Professor John Finnis, drawing together the many treads of the individual chapters into a comprehensive whole, this book lays the basis for further comparative study of the legal and moral reasoning underlying judicial decisions which either recognize or deny legal personhood and/or equal dignity to unborn human beings. Robert P. George McCormick, Professor of Jurisprudence and Director of the James Madison Program in American Ideals and Institutions, Princeton University: "Pilar Zambrano and William L. Saunders have done a great service by giving us a thorough compilation of the law of various jurisdictions concerning the status and rights of the unborn. They have brought together an impressive group of scholars and obtained from them work of the highest intellectual caliber." Prof. Carlos Massini-Correas, University of Mendoza and University of Buenos Aires: "In undertaking the very unusual task of analyzing both the legal and the moral horizon of interpretation underlying leading judicial decisions, this book represents an exceptional shortcut to the bulk of constitutional and philosophical arguments in favor of the enhancement of the value of unborn human life to the status of a right. This mixed perspective of study allows us to avoid the usual fallacy of both sides of the abortion debate, to overlook either its moral or its legal framework."

Although over the last two decades there has been a proliferation of gender studies, transgender has largely remained institutionalised as an 'umbrella term' that encapsulates all forms of gender understandings differing from what are thought to be gender norms. In both theoretical and medical literature, trans identity has been framed within a paradigm of awkwardness or discomfort, self-dislike or dysfunctional mental health. Marginal Bodies, Trans Utopias is a multidisciplinary book that draws primarily from Deleuze and post-structuralism in order to reformulate the concept of utopia and ground it in the materiality of the present. Through a radically new conceptualisation of the time and space of utopia, it analyses empirical findings from trans video diaries on the Internet belonging to transgender individuals. In doing so, this volume offers new insights into the everyday challenges faced by these subjectivities, with case studies focusing on: the legal/social impact of the UK's Gender Recognition Act 2004, boundaries of public and private as evidenced within public toilets, and the narrative of the 'wrong body'. Contextualising and applying Deleuzian concepts such as 'difference' and 'marginal' to the context of the research, Nirta helps the reader to understand trans as 'unity' rather than as a 'mind-body mismatch'. Contributing to the reading and understanding of trans lived experience, this book shall be of interest to postgraduates and postdoctoral researchers interested in fields such as Transgender Studies, Critical Studies, Sociology of Gender and Philosophy of Time.

Reveals how gender intersects with race, class, and sexual orientation in ways that impact the legal status and well-being of women and girls in the justice system. Women and girls' contact with the justice system is often influenced by gender-related assumptions and stereotypes. The justice practices of the past 40 years have been largely based on conceptual principles and assumptions-including personal theories about gender-more than scientific evidence about what works to address the specific needs of women and girls in the justice system. Because of this, women and girls have limited access to equitable justice and are increasingly caught up in outdated and harmful practices, including the net of the criminal justice system. Gender, Psychology, and Justice uses psychological research to examine the experiences of women and girls involved in the justice system. Their experiences, from initial contact with justice and court officials, demonstrate how gender intersects with race, class, and sexual orientation to impact legal status and well-being. The volume also explains the role psychology can play in shaping legal policy, ranging from the areas of corrections to family court and drug court. Gender, Psychology, and Justice provides a critical analysis of girls' and women's experiences in the justice system. It reveals the practical implications of training and interventions grounded in psychological research, and suggests new principles for working with women and girls in legal settings.

This book examines the history and evolution of Title IX, a landmark 1972 law prohibiting sex discrimination at educational institutions receiving federal funding. Elizabeth Kaufer Busch and William Thro illuminate the ways in which the interpretation and implementation of Title IX have been transformed over time to extend far beyond the law's relatively narrow statutory text. The analysis considers the impact of Title IX on athletics, sexual harassment, sexual assault, and, for a time, transgender discrimination. Combining legal and cultural perspectives and supported by primary documents, Title IX: The Transformation of Sex Discrimination in Education offers a balanced and insightful narrative of interest to anyone studying the history of sex discrimination, educational policy, and the law in the contemporary United States.

A gripping explanation of the biases that lead to the blaming of pregnant women and mothers. Are mothers truly a danger to their children's health? In 2004, a mentally disabled young woman in Utah was charged by prosecutors with murder after she declined to have a Caesarian section and subsequently delivered a stillborn child. In 2010, a pregnant woman who attempted suicide when the baby's father abandoned her was charged with murder and attempted feticide after the daughter she delivered prematurely died. These are just two of the many cases that portray mothers as the major source of health risk for their children. The American legal system is deeply shaped by unconscious risk perception that distorts core legal principles to punish mothers who "fail to protect" their children. In Blaming Mothers, Professor Fentiman explores how mothers became legal targets. She explains the psychological processes we use to confront tragic events and the unconscious race, class, and gender biases that affect our perceptions and influence the decisions of prosecutors, judges, and jurors. Fentiman examines legal actions taken against pregnant women in the name of "fetal protection" including court ordered C-sections and maintaining brain-dead pregnant women on life support to gestate a fetus, as well as charges brought against mothers who fail to protect their children from an abusive male partner. She considers the claims of physicians and policymakers that refusing to breastfeed is risky to children's health. And she explores the legal treatment of lead-poisoned children, in which landlords and lead paint manufacturers are not held responsible for exposing children to high levels of lead, while mothers are blamed for their children's injuries. Blaming Mothers is a powerful call to reexamine who - and what - we consider risky to children's health. Fentiman offers an important framework for evaluating childhood risk that, rather than scapegoating mothers, provides concrete solutions that promote the health of all of America's children. Read a piece by Linda Fentiman on shaming and blaming mothers under the law on The Gender Policy Report.

Survivors of conversion practices - interventions meant to stop gender transition - have likened the process to torture. Florence Ashley rethinks and pushes forward the banning of these practices by surveying these bans in different jurisdictions, and addressing key issues around their legal regulation. Ashley also investigates the advantages and disadvantages of legislative approaches to regulating conversion therapies, and provides guidance for how prohibitions can be improved. Finally, Ashley offers a carefully annotated model law that provides detailed guidance for legislatures and policymakers. Most importantly, this book centres the experiences of trans people themselves in its analysis and recommendations.

Daniel Paul Schreber (1842-1911) was a senior German judge and jurist. He formulated a unique juridical theology of private life and developed a critical account of oikonomia, the practice of governance and administration. But his theoretical work was largely ignored due to his mental illness and his desire to be a woman in a time inhospitable to transitions. Now, Schreber's Law looks beyond Judge Schreber's mental health to reappraise his distinguished contribution to legal theory. Peter Goodrich evaluates Schreber's jurisprudence by analysing the Memoirs and his interpreters in detail, and sets his work in the context of both the neo-Kantian pure science of fin de siecle German jurisprudence and 21st-century legal theory. In this way, Goodrich shows how Schreber's work challenges the legal thought of his era and opens up a potentially vital approach to contemporary jurisprudence.

THE SUNDAY TIMES BESTSELLER Angry, opinionated, mouthy, aggressive, hysterical, mad, disordered, crazy, psycho, delusional, borderline, hormonal . . . Women have long been pathologized, locked up and medicated for not conforming to whichever norms or stereotypes are expected of them in that time and space. Sexy But Psycho is a challenging and uncomfortable book which seeks to explore the way professionals and society at large pathologize and sexualise women and girls. Utilising decades of research, real case studies and new data from her own work, Dr Taylor's book will critically analyse the way we label women with personality disorders. Why are women and girls pathologized for being angry about oppression and abuse? How have so many women been duped into believing that they are mentally ill, for having normal and natural reactions to their experiences? Sexy But Psycho argues that there is a specific purpose to convincing women and girls that they are mentally ill, as the world avoids addressing violence against women and their centuries of ignored trauma.

Liveable Lives examines what makes life liveable for LGBTQ+ people beyond equality reforms. It refuses the colonizing narrative of surviving in a ‘regressive’ Global South and thriving in a ‘progressive’ Global North. By linking the concept of liveability with the decolonial literature on sexualities, this open access book draws on individual's stories, art and writing to examine how lives become liveable across India and the UK, providing a multifaceted investigation of two divergent contexts where activists refuse local framings of exclusion/inclusion and LGBTQ+ lives are continually re-envisioned. Embracing diverse methodologies, including workshops, in-depth interviews, street theatres, and web surveys, the book stands as an example of a queer collaborative praxis that refuses the familiar Global North / Global South practices of theorizing and data gathering. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com.

A transformative progressive politics requires the state's reimagining. But how should the state be reimagined, and what can invigorate this process? In Feeling Like a State, Davina Cooper explores the unexpected contribution a legal drama of withdrawal might make to conceptualizing a more socially just, participative state. In recent years, as gay rights have expanded, some conservative Christians-from charities to guesthouse owners and county clerks-have denied people inclusion, goods, and services because of their sexuality. In turn, liberal public bodies have withdrawn contracts, subsidies, and career progression from withholding conservative Christians. Cooper takes up the discourses and practices expressed in this legal conflict to animate and support an account of the state as heterogeneous, plural, and erotic. Arguing for the urgent need to put new imaginative forms into practice, Cooper examines how dissident and experimental institutional thinking materialize as people assert a democratic readiness to recraft the state.

Legislation has traditionally been viewed as a text addressed to and used by lawyers and judges. But with enhanced accessibility via electronic publication of legislation in many Commonwealth jurisdictions, drafters "speak" not only to lawyers and judges, but also to untrained users. This shift of the legislative audience has changed radically the requirements for legislation and its drafting. This is crucially important as the quality of legislation within the Commonwealth remains an essential element of democracy and the rule of law.

The book aims to alert policy officers, legal officers, law reformers, and drafters of the many innovations in the drafting of legislation within the Commonwealth. And ultimately to bring to light the academic foundations of the modern approach to legislative quality, which really boils down to effectiveness of the legislative product.

This book was based on a special issue of Commonwealth Law Bulletin.

Does Canada need any more collections about legal regulation of sex and sexuality? Volumes exist dealing with sex work and pornographies. Certainly, volumes abound dealing with emerging sexualities in Canada and new sexual freedoms. This book seeks to do more than tell a story of broad generalities about the law. It forges the links between the history of law and modern iterations of judgments pertaining to that law. Hence the uncomfortable line between Victorian morality (often) and modern regulation, is thematically explored through the book. More modern iterations of sexual regulation in Canada are being deployed and, in this book, the authors explore the interplay between emerging digital technologies and legal regulation. Newer laws in Canada have been drafted to recognize that sexual expression can be a means of violence inherently, and thus an exploration of modern sexual digital expression and its emerging jurisprudence represent a new frontier in the regulation of sex and sexuality in Canada. We explore how legal regulation has responded to these new crimes. This collection is founded upon the editors' joint experiences in teaching in law and society programs in Canada. The authors have witnessed cobbled together curriculums which rely upon a potpourri of sources from law, criminology, criminal justice and law and society disciplines. There exists a growing interest from university students and legal scholars alike for a reader in the context of law reform and legal change in respect of sexual politics and movements in Canada, especially in the context of more modern iterations of crime and sexual politics. Furthermore, while this collection is intended to be educational in the main, it will foster broader discussions in the context of legal regulation of sex and sexuality in Canadian jurisprudence.

Violence against women and girls (VAWG) is a longstanding problem that has increasingly come to the forefront of international and national policy debates and news: from the US reauthorization of the Violence against Women Act and a United Nations declaration to end sexual violence in war, to coverage of gang rapes in India, cyberstalking and "revenge porn", honor killings, female genital mutilation, and international trafficking. Yet, while we frequently read or learn about particular experiences or incidents of VAWG, we are often unaware of the full picture. Jacqui True, an internationally renowned scholar of globalization and gender, provides an expansive frame for understanding VAWG in this book. Among the questions she addresses include: What are we talking about when we discuss VAWG? What kinds of violence does it encompass? Who does it affect most and why? What are the risk factors for victims and perpetrators? Does VAWG occur at the same level in all societies? Are there cultural explanations for it? What types of legal redress do victims have? How reliable are the statistics that we have? Are men and boys victims of gender-based violence? What is the role of the media in exacerbating VAWG? And, what sorts of policy and advocacy routes exist to end VAWG? This volume addresses the current state of knowledge and research on these questions. True surveys our best understanding of the causes and consequences of violence against women in the home, local community, workplace, public, and transnationally. In so doing, she brings together multidisciplinary perspectives on the problem of violence against women and girls, and sets out the most promising policy and advocacy frameworks to end this violence.

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.

This book brings together literature, empirical research findings from two projects, and policy analysis to examine how some forces in England have adopted the approach of treating crimes against sex workers as hate crimes. This book identifies some of the benefits of the hate crime approach to crimes against sex workers, both operationally and for some of the victims of crime. The authors argue that the hate crime approach should not be seen as an alternative to decriminalisation of sex work but can provide a pathway to achieving more sensitive but robust policing of crimes against sex workers and support in accessing justice through the criminal justice system. They also examine the broader context of hate crime policy and scholarship as they debate the relevance, problems and merits of the sex work hate crime model. The book provides another dimension to current theoretical and policy debates about widening definitions and law around hate crime to include other groups beyond existing protected characteristics.

This edited collection provides a forum for rigorous analysis of the necessity for both legal and social change with regard to regulation of same-sex relationships and rainbow families, the status of civil partnership as a concept and the lived reality of equality for LGBTQ+ persons. Twenty-eight jurisdictions worldwide have now legalised same-sex marriage and many others some level of civil partnership. In contrast other jurisdictions refuse to recognise or even criminalise same-sex relationships. At a Council of Europe level, there is no requirement for contracting states to legalise same-sex marriage. Whilst the Court of Justice of the European Union now requires contracting states to recognise same-sex marriages for the purpose of free movement and residency rights, unlike the US Supreme Court, it does not require EU Member States to legalise same-sex marriage. Law and Sociology scholars from five key jurisdictions (England and Wales, Italy, Australia, Canada, and the Republic of Ireland) examine the role of the Council of Europe, European Union and further international regimes. A balanced approach between the competing views of critically analytical rights based theorists and queer and feminist theorists interrogates the current international consensus in this fast moving area. The incrementalist theory whilst offering a methodology for future advances continues to be critiqued. All contributions from differing perspectives expose that even for those jurisdictions who have legalised same-sex marriage, still further and continuous work needs to be done. The book will be of interest to students and scholars in the field of human rights, family and marriage law and gender studies.

Frequently cited in court, Lewin on Trusts covers the entire law of trusts from general principles to current practice, ensuring you have all the information you need on the effective creation of trusts and the resolution of disputes and other problems that arise. LEWIN ON TRUSTS: Covers all aspects of trusts law, from creation of trusts and the role and duties of trustees, to beneficiaries and their interests and administration. Includes in-depth analysis of both general principles and the practical implications of trust law Provides clear guidance on questions that arise in modern trusts practice Analyses major decisions and applies them to the principles of the law and the practice and procedure they affect Explores the impact of the latest case law Explains breach of trust and available remedies Deals with constructive trusts and asset tracing Covers anti-money-laundering legislation in relation to trusts Refers to Commonwealth decisions, suggesting solutions lacking in UK case law Covers costs issues in trusts disputes The new edition has been extensively re-organised and re-written to take account of decisions not only in England but also in the old Commonwealth and all the main offshore jurisdictions. There is a full coverage of many new topics, in particular a comprehensive treatment of trusts and divorce. Other additions include: * The impact of the new data protection legislation (GDPR and the 2018 Act) on trustees * Mediation and other forms of ADR for trust disputes * Unexplained wealth orders * FATCA, CRS and registers of beneficial ownership

Sexual harassment in Japanese politics examines a problem that violates women's human rights and prevents a flourishing democracy. Japan fares badly in international gender equality indices, especially for female political representation. The scarcity of women in politics reflects the status of women and also exacerbates it. Based on interviews with female politicians around the country from all levels of government, this book sheds light on the sexist and sometimes dangerous environments in Japanese legislative assemblies. These environments reflect and recreate broader sexual inequalities in Japanese society and are a hothouse for sexual harassment. Like many places around the world, workplace sexual harassment laws and regulations in Japan often fail to protect women from being harassed. Even more, in the 'workplace' of the legislative council, such regulations are typically absent. This book discusses what this means for women in politics in the context of a broader culture whereby victims of sexual violence are largely silenced.

This book explores the issue of abortion and women's rights in contemporary China. With a vast population, China's government has pursued controversial policies, such as the One Child Policy, in the past. Today, a rapidly urbanizing society is aging quickly, and the policies are loosening; but what are the implications for Chinese women, and how do policies compare to those in the West? In this groundbreaking book, Dr. Jiang eludicates the Chinese legal and social history of abortion for the first time in English. This book will be of interest to lawyers, NGO researchers, feminists and academics.