Law and society, gender issues Books
New York University Press Bodies in Evidence
Book SynopsisWinner, 2021-2022 AES Senior Book Prize, awarded by the American Ethnological SocietyHonorable Mention, Senior Book Prize of the Association for Feminist AnthropologyUncovers how the process of sexual assault adjudication reinforces inequality and becomes a public spectacle of violenceFor victims in sexual assault cases, trials rarely result in justice. Instead, the courts drag defendants, victims, and their friends and family through a confusing and protracted public spectacle. Along the way, forensic scientists, sexual assault nurse examiners, and police officers provide their insight and expertise, shaping the story that emerges for the judge and jury. These expert narratives intersect with the stories of victims, witnesses, and their communities to reproduce our cultural understandings of sexual violence, but too often this process results in reinscribing racial, gendered, and class inequalities. Bodies in Evidence draws on observations of over 680 court appearances in Milwaukee CoTrade ReviewEmotionally evocative and theoretically multifaceted . . . Bodies in Evidence is a hallmark of legal anthropology that leaves the reader with a deeper understanding of both the criminal justice system and the possibilities for anthropological studies to inform systemic improvements for a more just and safe society. -- Jennifer Wies, Associate Provost for Academic Programs and Professor of Anthropology, Eastern Kentucky UniversityIn this beautifully written ethnography, Hlavka and Mulla peel away the dominant cultural veil that depicts US courts as ‘objective’ arbiters of justice that draw on sophisticated forensic technology to arrive at ‘the truth.’. . . It provides a powerful debunking of the all-too-popular fiction of the ‘courtroom drama. -- Claire Renzetti, Judi Conway Patton Endowed Chair for Studies of Violence against Women, University of KentuckyThe text's most significant contribution is a focus on the holistic nature of the criminal justice system informed by multiple social institutions: the legal system, human rights discourse and practice, gendered private and public domains, the medical system, and histories of race and racism. Readers will come away with a nuanced account of the ways gender-based violence is a costly human activity in its own right. * Choice *Hlavka and Mulla make a monumental contribution to the study of gendered violence and its racialized adjudication. They demonstrate how, through the marshaling of various forms of authoritative knowledge, the justice system reproduces normative narratives of gendered violence that expose and make spectacle of victims’ bodies and leave untouched victimizing bodies. -- Samantha Leonard * Sociology of Race and Ethnicity *Bodies in Evidence contributes to an already impressive set of literature surrounding topics of adversarial court systems, intersectional feminism, abolitionist feminism, and more. The book is an analytic exploration of the culminating step in the prolonged and arduous criminal legal process that survivors navigate. * Journal of Theoretical and Philosophical Criminology *Hlavka and Mulla draw on observations of over 680 court appearances in felony sexual assault matters in Milwaukee County, Wisconsin, as well as interviews with judges, attorneys, forensic scientists, jurors, sexual assault nurse examiners, and victim advocates. * Law and Social Inquiry *Heather Hlavka and Sameena Mulla present a powerful examination of sexual assault adjudication in the United States. Their elegantly written and poignant analysis reveals the ‘human costs’ of court processes that promise, but rarely deliver, justice. * Gender and Society *
£66.60
New York University Press Bodies in Evidence
Book SynopsisWinner, 2021-2022 AES Senior Book Prize, awarded by the American Ethnological SocietyHonorable Mention, Senior Book Prize of the Association for Feminist AnthropologyUncovers how the process of sexual assault adjudication reinforces inequality and becomes a public spectacle of violenceFor victims in sexual assault cases, trials rarely result in justice. Instead, the courts drag defendants, victims, and their friends and family through a confusing and protracted public spectacle. Along the way, forensic scientists, sexual assault nurse examiners, and police officers provide their insight and expertise, shaping the story that emerges for the judge and jury. These expert narratives intersect with the stories of victims, witnesses, and their communities to reproduce our cultural understandings of sexual violence, but too often this process results in reinscribing racial, gendered, and class inequalities. Bodies in Evidence draws on observations of over 680 court appearances in Milwaukee CoTrade Review"Emotionally evocative and theoretically multifaceted . . . Bodies in Evidence is a hallmark of legal anthropology that leaves the reader with a deeper understanding of both the criminal justice system and the possibilities for anthropological studies to inform systemic improvements for a more just and safe society." -- Jennifer Wies, Associate Provost for Academic Programs and Professor of Anthropology, Eastern Kentucky University"In this beautifully written ethnography, Hlavka and Mulla peel away the dominant cultural veil that depicts US courts as ‘objective’ arbiters of justice that draw on sophisticated forensic technology to arrive at ‘the truth.’. . . It provides a powerful debunking of the all-too-popular fiction of the ‘courtroom drama." -- Claire Renzetti, Judi Conway Patton Endowed Chair for Studies of Violence against Women, University of Kentucky"The text's most significant contribution is a focus on the holistic nature of the criminal justice system informed by multiple social institutions: the legal system, human rights discourse and practice, gendered private and public domains, the medical system, and histories of race and racism. Readers will come away with a nuanced account of the ways gender-based violence is a costly human activity in its own right." * Choice *"Hlavka and Mulla make a monumental contribution to the study of gendered violence and its racialized adjudication. They demonstrate how, through the marshaling of various forms of authoritative knowledge, the justice system reproduces normative narratives of gendered violence that expose and make spectacle of victims’ bodies and leave untouched victimizing bodies." -- Samantha Leonard * Sociology of Race and Ethnicity *"Bodies in Evidence contributes to an already impressive set of literature surrounding topics of adversarial court systems, intersectional feminism, abolitionist feminism, and more. The book is an analytic exploration of the culminating step in the prolonged and arduous criminal legal process that survivors navigate." * Journal of Theoretical and Philosophical Criminology *"Hlavka and Mulla draw on observations of over 680 court appearances in felony sexual assault matters in Milwaukee County, Wisconsin, as well as interviews with judges, attorneys, forensic scientists, jurors, sexual assault nurse examiners, and victim advocates." * Law and Social Inquiry *"Heather Hlavka and Sameena Mulla present a powerful examination of sexual assault adjudication in the United States. Their elegantly written and poignant analysis reveals the ‘human costs’ of court processes that promise, but rarely deliver, justice." * Gender and Society *
£23.74
New York University Press Menstruation Matters
Book SynopsisExplores the burgeoning menstrual advocacy movement and analyzes how law should evolve to take menstruation into account. Approximately half the population menstruates for a large portion of their lives, but the law is mostly silent about the topic. Until recently, most people would have said that periods are private matters not to be discussed in public. But the last few years have seen a new willingness among advocates and allies of all ages to speak openly about periods. Slowly around the globe, people are recognizing the basic fundamental human right to address menstruation in a safe and affordable way, free of stigma, shame, or barriers to access. Menstruation Matters explores the role of law in this movement. It asks what the law currently says about menstruation (spoiler alert: not much) and provides a roadmap for legal reform that can move society closer to a world where no one is held back or disadvantaged by menstruation. Bridget J. Crawford and Emily Gold Waldman examineTrade Review"If the question is, ‘Are You There, Law? It's Me, Menstruation,’ this book provides much needed answers." * Judy Blume, author of Are You There God? It's Me, Margaret *"An accessible introduction to contemporary legal efforts to challenge the 'culture of silence, stigma, and shame associated with menstruation.' Documenting campaigns to repeal sales taxes on tampons and pads, the authors argue that taxing menstrual products while exempting Band-Aids, adult diapers, and other hygiene supplies is a form of sex discrimination prohibited by the 14th Amendment’s Equal Protection Clause. Crawford and Waldman also examine how Title IX lawsuits might be used to press school districts into removing 'restrictive bathroom-break and problematic dress-code policies,' among other accommodations, and document attempts to use the 1978 Pregnancy Discrimination Act and Title VII of the 1964 Civil Rights Act to address workplace menstruation concerns ... This wide-ranging and well-argued study brings an important yet overlooked aspect of the fight against sex and gender discrimination into the light." * Publishers Weekly *"Crawford and Waldman present an insightful analysis of policies regarding menstruation in this groundbreaking work. An eye-opening look at how law could be used to better protect those who menstruate by providing a framework for how period products ought to be studied for health and environmental safety, how sensitive health information being sold by menstruation apps is being turned into a big business, and how incarcerated individuals face financial barriers to accessing menstrual products." * Library Journal *"I'm immensely proud of the world-leading work in Scotland to make free period products available for women. I believe that being able to access period products is fundamental to equality and dignity and I hope our historic Period Products Act, along with other action highlighted in this book, will inspire legislators everywhere to ensure period dignity within their societies. " * Nicola Sturgeon, First Minister for Scotland, MSP *"Menstrual equity is one of the most important issues of our time and one I’ve long been passionate about. I’m thrilled Menstruation Matters takes a serious look at the gender discrimination that the ‘tampon tax”’ has on women and sheds light on how we can make the lives of menstruating people better through public policy." * Congresswoman Carolyn B. Maloney *"Menstruation Matters is a must-read for anyone who wants to live in a world where everyone can manage their period with dignity. We still have a long way to go to eradicate stigma and menstrual inequality, however, as the Member of the Scottish Parliament who introduced the bill to make menstrual products available to all who need them in Scotland, I know that progress is possible. Momentum is with the changemakers within the menstrual equality movement. Menstruation Matters contains thoughtful suggestions for lawmakers and advocates worldwide to consider. It’s a welcome addition to the literature for those who don’t want to find themselves on the wrong side of history." * Monica Lennon, Member of the Scottish Parliament and Sponsor of the Period Products (Free Provision) (Scotland) Act *"We talk and think so much about gender and inequality as it applies to work, education, healthcare, and social justice. But a throughline that is consistently ignored or dismissed across each of these areas of the law is menstruation. With Menstruation Matters, Bridget Crawford and Emily Waldman trace the legal and policy implications of an issue that you may not register as a marker of inequality, yet impacts every single aspect of a woman, girl, and transgender American's life. This is a long overdue assessment of the ways in which matters lawyers often choose to avoid, elide, and whisper about, can actually matter in profound ways." * Dahlia Lithwick, Senior Legal Correspondent, Slate *"This book is a brilliant exploration of what can happen when the realities of the body are placed at the center of legal reasoning. In Menstruation Matters, Bridget Crawford and Emily Waldman show how the law can be used to reconceptualize the state’s responsibility to ensure that all people have the resources they need to address the involuntary process of menstruation and our shared humanity." * Martha Alberton Fineman, Robert W. Woodruff Professor, Emory University School of Law *"Access to period products is not a privilege, it is a right. It means women, girls and people who menstruate having access to basic activities, capacity to take part in work and in community. Menstruation Matters is a brilliant resource and addition to a conversation we need to have - because ultimately all women and girls, and people who menstruate are entitled to respect, dignity and bodily autonomy, and a belief in the integrity of their bodies. It’s why, at the City of Melbourne local government, I put forward an Australian first motion to make menstrual products available for free in select council facilities. It’s time to end the shame - because menstruation matters." * Jamal Hakim, Councillor at the City of Melbourne *"Menstruation is an issue of basic human rights and equality. Menstruation is not a reason to deny anyone the right to participate in education, religious worship, politics, or family life. This book brings new insight to a discussion of a topic that has too long been treated as the source of stigma and shame, when menstruation is a reality for half the world’s population. " * Indira Jaisring, former Additional Solicitor General of India and attorney for the plaintiffs in Indian Young Lawyers Association v. Kerala *"Periods have become a vital matter of law and policy, in the U.S. and around the globe. Menstruation Matters deftly melds scholarship and jurisprudence with on-the-ground advocacy – providing a vital resource for the next generation of feminist legal leaders. " * Jennifer Weiss-Wolf, author of Periods Gone Public: Taking a Stand for Menstrual Equity *"Menstruation Matters is insightful and thought provoking. It addresses period poverty and menstrual equity from a legal standpoint tampered with policy, practice and lived experiences, making it refreshing. Menstruation is having its moment and Menstruation Matters is part of that moment. The addition it makes to the body of knowledge is immense. I highly recommend it to everyone." * Neville Okwaro, The National WASH Hub, Ministry of Health, Kenya *"This comprehensive discussion unearths new territory for menstrual activism and makes clear the material effect that law and public policy can have on these issues. Above all, the authors show menstruation not as a women's issue to hide but as a human issue that needs worldwide attention. " * Choice *"Responding to the notion that menstruation is a private matter, Crawford and Waldman explore the burgeoning menstrual advocacy movement and consider how law should evolve to take menstruation into account in a wide range of contexts from schools, to workplaces, to prisons, to tax policies." * Law & Social Inquiry *
£29.45
New York University Press The Business of Birth
Book SynopsisHow the fear of malpractice affects mothers and reproductive choicesGiving birth is a monumental event, not only in the personal life of the woman giving birth, but as a medical process and procedure. In The Business of Birth, Louise Marie Roth explores the process of giving birth, and the ways in which medicine and law interact to shape maternity care. Focusing on the United States, Roth explores how the law creates an environment where medical providers, malpractice attorneys, and others limit women's rights and choices during birth. She shows how a fear of liability risk often drives the decision-making process of medical providers, who prioritize hospital efficiency over patient safety, to the detriment of mothers themselves. Ultimately, Roth advocates for an approach that protects the reproductive rights of mothers. A comprehensive overview, The Business of Birth provides valuable insight into the impact of the law on mothers, medical providers, maternity care practices, and oTrade ReviewIf you want to understand the seemingly incomprehensible mess that is American maternity care –among the most expensive and least safe in the world – read this book. Louise Roth unpacks the legal, medical, technological and social forces that bring us to this intolerable situation. And she helps us, all those who care about birth and life, to understand how we can fix it. -- Barbara Katz Rothman, author of Bun in the Oven: How the Food and Birth Movements Resist IndustrializationWith multiple kinds of data, detailed analysis, and empathy for patients and providers alike, Louise Roth reveals how birth experiences are powerfully and invisibly structured by legal and institutional forces, rather than by individual choice. By situating pregnancy and birth management within broader legal, medical, and cultural systems, The Business of Birth offers concrete solutions that hold the promise of making reproductive justice a reality for everyone. -- Jennifer Reich, author of Calling the Shots: Why Parents Reject VaccinesIn The Business of Birth, Louise Marie Roth confirms the unpleasant truth that a pregnant woman’s race, class, and education affect the quality of maternity care she receives, contributing to the appalling racial and class disparities in infant and maternal mortality in the United States today. This is a book that everyone concerned with women’s health will want to read. -- Linda C. Fentiman, author of Blaming Mothers: American Law and the Risks to Children’s HealthThe Business of Birth is itself an immense contribution to our knowledge about childbirth, tort liability, and reproductive justice in the United States—and it’s eminently readable as well. * American Journal of Sociology *
£69.70
New York University Press The End of Family Court
Book SynopsisExplores the failures of family court and calls for immediate and permanent changeAt the turn of the twentieth century, American social reformers created the first juvenile court. They imagined a therapeutic court where informality, specially trained public servants, and a kindly, all-knowing judge would assist children and families. But the dream of a benevolent means of judicial problem-solving was never realized. A century later, children and families continue to be failed by this deeply flawed court.The End of Family Court rejects the foundational premise that family court can do good when intervening in family life and challenges its endless reinvention to survive. Jane M. Spinak illustrates how the procedures and policies of modern family court are deeply entwined in a heritage of racism, a profound disdain for poverty, and assimilationist norms intent on fixing children and families who are different. And the court's interventionist goals remain steeTrade ReviewSpinak argues in favor of dramatically reducing juvenile courts. Well-written and accessible, professionals and general readers will appreciate this incisive review by a juvenile-court expert. * Library Journal *This powerful and deeply researched critique is coupled with a concise agenda for change that would dramatically shrink the role for courts in family life. The End of Family Court should be required reading for social scientists, historians, and legal scholars... Spinak's compact recommendations for abolition also provide a concrete and valuable roadmap... for families, activists, and policy makers. * Law & Society Review *By tracing the origins and persistence of the Great Idea behind the family court—that judges can save children by fixing them and their families—Jane Spinak shows how the court not only has failed to achieve its asserted therapeutic mission, but also has inflicted tremendous harm on its presumed beneficiaries. The End of Family Court makes a compelling case that dismantling the family court is a critical part of abolishing family policing and radically reimagining care for children without destructive state interventions. -- Dorothy Roberts, author of Torn Apart: How the Child Welfare System Destroys Black Families—And How Abolition Can Build A Safer WorldAn original and striking contribution to the interdisciplinary field of child welfare and juvenile justice. Spinak provides the most compelling abolitionist argument to date. -- David Tanenhaus, James E. Rogers Professor of History and Law, University of Nevada, Las VegasThis fascinating and important book is much more than the history of juvenile court. It is a refreshing – and powerful – critique of an institution that has never achieved anything close to its purported aspirations. Instead, as Jane Spinak shows, the one accomplishment juvenile court and its defenders have achieved is to fend off countless critiques that it doesn’t deserve to survive. But the evidence amassed by Spinak in this book should lead us all to the conclusion she reaches: now is the time to close down this institution and stop harming the families and children that is its legacy. -- Martin Guggenheim, Fiorello LaGuardia Professor of Clinical Law Emeritus, New York University School of LawImportant and original. The book’s greatest strength is that it considers and interrogates both the juvenile justice and the child welfare aspects of today’s family court. This distinguishes Spinak’s work from almost all other previous scholarship in the area, and it allows Spinak to explore and critique the common themes and assumptions that animate these two related areas of law and practice. -- Jana Singer, co-author of Divorced from Reality: Rethinking Family Dispute ResolutionThis is a compelling and important read from an advocate, ally, and scholar with forty years of experience representing children and families in New York City. Her solutions for shrinking and ultimately dismantling the court draw explicitly from abolitionist theory and elevate the lessons learned from community activists most harmed. -- Kristin Henning, author of The Rage of Innocence: How America Criminalizes Black YouthA prominent legal scholar’s book argues that — contrary to their therapeutic reputation — the family courts have always dished [out] 'punishments by other names'... Spinak calls for a shift in resources, from family courts to the struggling communities nationwide that send the hundreds of thousands of litigants to these ever-evolving proceedings: families from marginalized communities, who are often impoverished or homeless, and disproportionately Black and Native American. * The Imprint: Youth and Family News *What would an American legal system look like…without a juvenile court… a court which holds out the promise of ameliorative services…[but]never quite making good that promise? Spinak finds a court which casts a wide net, a court which insists on broad statutory grounds to include swaths of children and parents in its reach, with a punitive approach to addressing human behavior…she successfully challenges the conventional wisdom of the benefits of the juvenile court as a social court in provocative ways. * Juvenile Justice Update *Spinak gives us all a satisfyingly detailed and clear policy roadmap toward abolition... But Spinak’s book is not merely a set of crucial policy prescriptions, nor is it only a clarion call for abolishing the court. It presents a deep history of the constant reinvention of the idea at the heart of family court... Fully exploring and explicating this history makes the task ahead seems almost impossibly daunting. But maybe, just maybe, if power shifts, so will the idea and so will the court. * Journal of Law and Political Economy *
£999.99
New York University Press Divorce in China
Book SynopsisWhy are women still at a disadvantage in Chinese divorce courts?Despite the increase of gender consciousness in Chinese society and a trove of legislation to protect women, why are Chinese women still disadvantaged in divorce courts? Xin He argues that institutional constraints to which judges are subject, a factor largely ignored by existing literature, play a crucial role. Twisting the divorce law practices are the bureaucratic incentives of courts and their political concerns for social stability. Because of these concerns, judges often choose the most efficient, and safest, way to handle issues in divorce cases. In so doing, they allow the forces of inequality in social, economic, cultural, and political areas to infiltrate their decisions. Divorce requests are delayed; domestic violence is trivialized; and women's child custody is sacrificed. The institutional failure to enforce the laws has become a major obstacle to gender justice.Divorce in China isTrade Review"I hope this book will ignite more thoughts on Chinese family justice reform and resolutions to present problems and also bring about creative ideas for family justice reforms in other Jurisdictions." * International Journal of Law, Policy and The Family *"Xin He’s book is a monumental achievement— drawing on close observation of courts in two very different regions of China as well as a deep engagement with a broad range of scholarly literature, both China specific and more general, about gender, judging, authoritarianism and much more. Divorce in China will be a classic, both as concerns its immediate subject, and state and society in China in general." -- William P. Alford, Jerome A. and Joan L. Cohen Professor of East Asian Legal Studies, Harvard Law School"An excellent and absorbing examination, based in substantial part on fieldwork sources, of the handling of divorce cases in China today. Xin He builds on his earlier impressive analyses of divorce litigation and gender to offer very important insights into law and gender in the People's Republic. In this important book he concludes that, sadly, the divorce decision-making process in and around the courts has tended to buttress rather than relieve long-standing prejudices against women in contemporary Chinese society. This study is essential reading for all those concerned with social and legal developments in the PRC today." -- Michael Palmer, University of London"As the first monograph in English on divorce trials in China, this book should be warmly welcomed. It is a valuable source for reference and further research." * Feminist Legal Studies *
£23.74
New York University Press Gender Psychology and Justice
Book SynopsisReveals 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 assumptionsincluding personal theories about gendermore 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,Trade ReviewAfter reading Julie Ancis and Corinne Datchis groundbreaking book Gender, Psychology and Justice, one realizes that many diverse women and girls, who are disproportionately in poverty and have experienced gender violence, are re-traumatized by laws, justice policies, and the social biases of legal officials of the U.S. Justice System. Victim-blaming and mistreatment of women and girls are unfortunately prevalent in our country, which has led President Obama to say that 'you can judge a nation, and how successful it will be, based on how it treats its women and its girls.' This book is an eye opener for men on the many injustices facing diverse women and girls and serves as a clarion call that social justice work on behalf of diverse women and girls is a moral and ethical mandate. -- Kevin Cokley,Director of the Institute for Urban Policy Research, University of Texas at AustinDatchi and Ancis have put together a one of a kind, comprehensive, and compelling read. Their book is both scholarly and meaningful. A hallmark of a profound book is that it brings the reader into it, and takes the reader on a journey of discovery. It informs the reader through content knowledge and real experiences that illustrate the challenges in relation to gender and the 'injustice' system. Mental health practitioners, lawyers, judges, and anyone interested in the links between and among the justice system and the intersectionality of gender, race, sexual orientation, and class, in the service of promoting social justice, will find the book an indispensable resource. -- Nicholas Ladany,Dean, School of Leadership and Education Sciences, University of San DiegoThis book promotes understanding about the biases and challenges faced by women and girls in our justice system. In promoting such understanding and recommending salient reforms. * New York Law Journal *
£69.70
New York University Press Violence Never Heals
Book SynopsisExplores experiences with disability and aging for immigrant survivors of domestic violence across thelife courseAcross the United States, one in three women experiences violence in their intimate relationships. More resources are now being devoted to providing these women with immediate care; but what happens to survivors, especially those from marginalized communities, as they grow older and grapple with the long-term effects? In Violence Never Heals, Allison Bloom presents a life-course perspective on the disabling experience of violence in Latina immigrant communities.Drawing on extensive ethnographic fieldwork performed in a Latina program at an Intimate Partner Violence (IPV) crisis center, Bloom offers insights into the long-term effects of systemic and gender-based violence, revealing that these experiences become subtly disabling long before old age. Drawing from her own background as a practitioner, Bloom further details how current IPV servTrade ReviewBloom writes in an accessible style and clearly knows her field from the inside. She draws on an array of concepts and research discussions—from intersectionality and embodiment to disability theory, to mention a few of her perspectival bases. The various conceptual discussions in the book are grounded in the author’s concrete cases and her ethnographic fieldwork... Expanding on the power of such support groups as cathartic rituals rather than opportunities for learning new strategies in life, Bloom’s book highlights a way to move forward. * Affilia: Feminist Inquiry in Social Work *
£62.90
New York University Press What Roe v. Wade Should Have Said
Book SynopsisTrade Review"The interest of the whole lies precisely in its depiction within a single volume of where the debate stands." -- Federal Lawyer"Brings together some of America’s brightest legal minds to make the best arguments available for and against the constitutional right to abortion. An exceptional volume and essential for anyone who wants to understand the constitutional debate about Roe." -- Nadine Strossen, former President, American Civil Liberties Union"In light of the recent Dobbs Supreme Court decision, this volume is crucial for understanding the constitutional debate for or against abortion. The diverse argumentation along with the inclusion of contemporary sources make this volume an invaluable resource." -- Mark A. Graber, University of Maryland Carey School of Law"This array of intelligent and serious alternatives to the Court’s stunningly inadequate opinion in Roe v. Wade is the most convincing argument against any litmus test on this subject either way for future Supreme Court Justices." -- Charles Fried, Harvard Law School
£18.04
New York University Press Blaming Mothers
Book SynopsisA 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 unTrade ReviewBlaming Mothers is gripping and powerful. It is also chilling as Linda Fentiman unmasks societys penchant for shaming and punishing mostly young, poor women. She reveals subtle but profound gender and racial biases that pervade public discourse and drive prosecutors and judges to unfairly punish pregnant women and mothers. I strongly recommend this captivating book. It is beautifully written, weaving together vivid stories of womens lives and impeccable scholarship. Anyone concerned about gender, children, and poverty will have to read Blaming Mothers. -- Lawrence O. Gostin,Founding O’Neill Chair in Global Health Law, Georgetown UniversityIn Blaming Mothers, Linda Fentiman considers why mothers in the U.S. are so often regarded as hazardous to their childrens health. In such areas as breastfeeding, lead poisoning, and childhood diseases like measles, Fentiman explains the psycho-social origins of much mother blaming, contrasting it with the scientific bases of actual health risk. Blaming Mothers connects the dots across policy areas to provide a comprehensive answer to what can be done to improve childrens health when Mom is properly relocated to the sidelines. This is a wonderful book not only for those in medicine, public health, child welfare, education, and law but also for mothers and their families, that is, for everyone. -- Carol Sanger,Barbara Aronstein Black Professor of Law, Columbia Law SchoolProfessor Linda Fentiman offers a probing analysis of a society and its government that blames mothers for various social ills and conditions that plague American society and that intervene during pregnancy and motherhood.. Professor Fentiman carefully studies this phenomenon and exposes the undercurrents of classism and racism that correspond to it. She explains how the pernicious nature of poverty creates impacts that result in significant health harms, including higher rates of lead poisoning and asthma among low income children of color. Sadly, in those instances too, mothers are blamed--sometimes civilly and criminally, making it risky to be a poor mother in America. -- Michele Bratcher Goodwin ,Chancellor's Professor of Law, University of California, IrvineAdvanced undergraduate and graduate seminars in sociology, psychology, womens studies, and law will find it informative, stimulating of much discussion, and empowering.Blaming Mothersis...filled with an incredible amount of diverse information in the form of facts and examples, tightly interrelating the fields of law, psychology, and sociology * PsycCritiques *
£23.74
New York University Press The Business of Birth
Book SynopsisHow the fear of malpractice affects mothers and reproductive choicesGiving birth is a monumental event, not only in the personal life of the woman giving birth, but as a medical process and procedure. In The Business of Birth, Louise Marie Roth explores the process of giving birth, and the ways in which medicine and law interact to shape maternity care. Focusing on the United States, Roth explores how the law creates an environment where medical providers, malpractice attorneys, and others limit women's rights and choices during birth. She shows how a fear of liability risk often drives the decision-making process of medical providers, who prioritize hospital efficiency over patient safety, to the detriment of mothers themselves. Ultimately, Roth advocates for an approach that protects the reproductive rights of mothers. A comprehensive overview, The Business of Birth provides valuable insight into the impact of the law on mothers, medical providers, maternity care practices, and oTrade Review"If you want to understand the seemingly incomprehensible mess that is American maternity care –among the most expensive and least safe in the world – read this book. Louise Roth unpacks the legal, medical, technological and social forces that bring us to this intolerable situation. And she helps us, all those who care about birth and life, to understand how we can fix it." -- Barbara Katz Rothman, author of Bun in the Oven: How the Food and Birth Movements Resist Industrialization"With multiple kinds of data, detailed analysis, and empathy for patients and providers alike, Louise Roth reveals how birth experiences are powerfully and invisibly structured by legal and institutional forces, rather than by individual choice. By situating pregnancy and birth management within broader legal, medical, and cultural systems, The Business of Birth offers concrete solutions that hold the promise of making reproductive justice a reality for everyone." -- Jennifer Reich, author of Calling the Shots: Why Parents Reject Vaccines"In The Business of Birth, Louise Marie Roth confirms the unpleasant truth that a pregnant woman’s race, class, and education affect the quality of maternity care she receives, contributing to the appalling racial and class disparities in infant and maternal mortality in the United States today. This is a book that everyone concerned with women’s health will want to read." -- Linda C. Fentiman, author of Blaming Mothers: American Law and the Risks to Children’s Health"The Business of Birth is itself an immense contribution to our knowledge about childbirth, tort liability, and reproductive justice in the United States—and it’s eminently readable as well." * American Journal of Sociology *
£26.59
New York University Press License to Wed
Book SynopsisA critical reader of the history of marriage understands that it is an institution that has always been in flux. It is also a decidedly complicated one, existing simultaneously in the realms of religion, law, and emotion. And yet recent years have seen dramatic and heavily waged battles over the proposition of including same sex couples in marriage. Just what is at stake in these battles?License to Wed examines the meanings of marriage for couples in the two first states to extend that right to same sex couples: California and Massachusetts. The two states provide a compelling contrast: while in California the rights that go with marriageinheritance, custody, and so forthwere already granted to couples under the state's domestic partnership law, those in Massachusetts did not have this same set of rights. At the same time, Massachusetts has offered civil marriage consistently since 2004; Californians, on the other hand, have experienced a much more turbulent legal path. And yet, same-sTrade Review"InLicense to Wed: What Legal Marriage Means to Same-Sex Couples, Richman takes on the legal ramifications of marriage for same-sex and queer identifying couples in Massachusetts and California. In 2004, the Supreme Court found that same-sex couples had the right to marry. After the glow of equality wore off, lawyers and couples in California and Massachusetts were left with questions about how far their rights extended. This book looks to answer those questions." -- Kitty Drexel * Edge *"Richman fully grasps how marriage plays out differently for same-sex couples. She commences her book with an erudite history of the gay-marriage movement, capturing the community politics of assimilation and marginalization, as well as the larger societal debates, that provide the context for her subjects' motivations . . . . Her book provides essential insights about marriage that every family lawyer working with same-sex couples needs to understand to fully grasp their clients' situation and provide them effective representation." -- Frederick Hertz * California Lawyer *"Richmans study is thorough and written in an unaffected, judicious style. Her analysis demonstrates that same-sex couples who are able to marry legally often find transcendent meaning in the experience. Given that most states prohibit same-sex couples from being legally married, License to Wed adds compelling personal reasons to the legal arguments for the validity of the struggle for marriage equality." * The Gay and Lesbian Review *"This book addresses a timely and still evolving issue with directness and sensitivity while rigorously examining the legal basis for same-sex marriage." * Library Journal *"This is a carefully researched and skillfully written book which makes important contributions to the literatures on legal consciousness, law and emotion, and same-sex marriage. Richman gives us one of the first detailed descriptions of the experiences and views of same-sex couples who entered legal marriages in the U.S., and her account is both highly readable and intellectually sophisticated." -- Kathleen E. Hull,author of Same-Sex Marriage: The Cultural Politics of Love and Law"License to Wed is a wonderfully rich, deep, and surprising book that will change your understanding of why gay couples have fought so hard to marry. Others have explored the legal and political battles behind these struggles, but Richman pushes us to deeper ground, where the personal and political meanings of marriage intersect and diverge in unexpected ways. This is a masterful and original work that will require both conservatives and progressives to evaluate the marriage equality movement in new ways." -- Shannon Minter * National Center for Lesbian Rights *"Richman offers valuable insight into the relationship between the legal, the personal, and the societal. Richman contributes to the same-sex marriage literature by offering further examples of some themes already prevalent in the literature, while offering new explications of couples experiences as well." * Sex Roles *"The book is well organized and written in an engaging, non-technical manner, making it accessible to both academic audiences and well-educated general readers. A genuinely good read, Richmans timely contribution to the understanding of same-sex marriage (and marriage more generally) will appeal especially to students of legal studies, political science, and sociology." * Choice *Table of ContentsAcknowledgments Preface: Putting a Face on the Debate 1. Introduction: Situating the Meanings of Marriage 2. The Road to Same-Sex Marriage: The Beginning 3. The Rite as Right: Marriage as Material Right, Marriage as Strategy 4. Marriage as Protest: The Political Dimensions of Marital Motivation 5. Marriage as Validation: Subjects before (and after) the Law 6. Making It Personal: Marriage, Emotion, and Love inside and outside the Law 7. Conclusion: The Multiple Meanings of Marriage Appendix 1: Survey Instrument Appendix 2: Overview of Survey Findings NotesIndexAbout the Author
£22.79
New York University Press Gender Psychology and Justice
Book SynopsisReveals 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 assumptionsincluding personal theories about gendermore 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,Trade ReviewAfter reading Julie Ancis and Corinne Datchis groundbreaking book Gender, Psychology and Justice, one realizes that many diverse women and girls, who are disproportionately in poverty and have experienced gender violence, are re-traumatized by laws, justice policies, and the social biases of legal officials of the U.S. Justice System. Victim-blaming and mistreatment of women and girls are unfortunately prevalent in our country, which has led President Obama to say that 'you can judge a nation, and how successful it will be, based on how it treats its women and its girls.' This book is an eye opener for men on the many injustices facing diverse women and girls and serves as a clarion call that social justice work on behalf of diverse women and girls is a moral and ethical mandate. -- Kevin Cokley,Director of the Institute for Urban Policy Research, University of Texas at AustinDatchi and Ancis have put together a one of a kind, comprehensive, and compelling read. Their book is both scholarly and meaningful. A hallmark of a profound book is that it brings the reader into it, and takes the reader on a journey of discovery. It informs the reader through content knowledge and real experiences that illustrate the challenges in relation to gender and the 'injustice' system. Mental health practitioners, lawyers, judges, and anyone interested in the links between and among the justice system and the intersectionality of gender, race, sexual orientation, and class, in the service of promoting social justice, will find the book an indispensable resource. -- Nicholas Ladany,Dean, School of Leadership and Education Sciences, University of San DiegoThis book promotes understanding about the biases and challenges faced by women and girls in our justice system. In promoting such understanding and recommending salient reforms. * New York Law Journal *
£27.54
University of Toronto Press Essays in the History of Canadian Law Volume XII
Book SynopsisThis collection investigates historical cases involving women and gender relations in order to uncover the power dynamics at the heart of the legal system.Table of ContentsIntroduction Joan Sangster and Lori Chambers 1. The Trials of Caroline Ferguson: Reputation and Litigation in Quebec, 1852–1857 Eric Reiter 2. A Cause Célèbre: Marriage, Quebec Law, and the Delpit Affair of 1901 Mélanie Méthot 3. The Trials and Travails of Eliza Maria Campbell Jim Phillips 4. Meunier v. Macdonald and Secord, 1911: A Métis Woman Takes on Prominent Edmonton Settler Businessmen, Politicians, and Land Speculators Sarah Carter 5. Credibility, Corroboration, and Legal Betrayal of Rape Victims Constance Backhouse 6. The Execution of Tommasina Teolis: Capital Punishment, Gender, and Ethnicity in Quebec in the First Half of the Twentieth Century Don Fyson 7. The WTEA (1917), Canadian Women’s Suffrage, and Constitutional Thought in World War I Lyndsay Campbell 8. Discipline as Deterrence: Labour Relations and the Silencing of Feminist Labour Activists Joan Sangster and Julia Smith 9. Women Not Welcome: Martinie v. the Italian Society of Port Arthur Laura Nigro, Lori Chambers, and Michel Beaulieu 10. Internal and External Advocacy for Legal Reform: Genesis of the Ontario Family Law Act [1986] 1967–1986 Taylor Starr
£52.70
Stanford University Press The Balance Gap: Working Mothers and the Limits
Book SynopsisIn recent decades, laws and workplace policies have emerged that seek to address the "balance" between work and family. Millions of women in the U.S. take some time off when they give birth or adopt a child, making use of "family-friendly" laws and policies in order to spend time recuperating and to initiate a bond with their children. The Balance Gap traces the paths individual women take in understanding and invoking work/life balance laws and policies. Conducting in-depth interviews with women in two distinctive workplace settings—public universities and the U.S. military—Sarah Cote Hampson uncovers how women navigate the laws and the unspoken cultures of their institutions. Activists and policymakers hope that family-friendly law and policy changes will not only increase women's participation in the workplace, but also help women experience greater workplace equality. As Hampson shows, however, these policies and women's abilities to understand and utilize them have fallen short of fully alleviating the tensions that women across the nation are still grappling with as they try to reconcile their work and family responsibilities.Trade Review"The Balance Gap offers an important analysis of why all workplaces are not the same even if they follow the same family friendly policies. By contrasting the university with the military, we see how social and environmental context are having as much or more effect on a woman's likelihood to take advantage of their policy rights as the policies themselves." -- Mary Ann Mason * UC Berkeley *"A valuable read for scholars and activists alike, The Balance Gap integrates empirical evidence and legal theory in an admirably readable manner. Hampson drives beyond policy to the reality of working mothers' lives, challenging the deep tension between the notion of work/life balance and the enduring fetishization of the 'ideal worker' as a human machine who produces regardless of the cost." -- Anne-Marie Slaughter * Princeton University *"Elegantly written and timely, The Balance Gap highlights how family leave policies seeking 'work-life balance' often ignore the institutional rules, gendered norms, organizational status, and hierarchies that collide with heightened expectations of – and for – mothers in the workplace. A rigorous call to action in transforming how we view the ideal mother, and the ideal worker." -- Renee Ann Cramer * Drake University *"Hampson has written a smart and thoughtful book, based on research in "understudied" environments." -- Cynthia Harrison * Journal of Women, Politics, and Policy *Table of ContentsContents and AbstractsIntroduction: In Pursuit of "Balance" chapter abstractThis chapter provides the theoretical outline of the book, and explains why we should care about how women form their legal consciousness around work/life balance policies in public universities and the U.S. military. 1Navigating the Rules in Public Universities chapter abstractThis chapter focuses on the experiences of women faculty in public universities. It explores both the formal and informal rules and norms that women navigated when making decisions about claiming their rights to work/life balance laws and policies within their institutions. 2Navigating the Rules in the U.S. Military chapter abstractThis chapter focuses on the experiences of women who are currently serving, or who have served, in the U.S. military. It explores both the formal and informal rules and norms that women navigated when making decisions about claiming their rights to work/life balance laws and policies within their institutions. 3Looking Out and Speaking Up: Individual Agency and Networks chapter abstractThis chapter compares the case studies presented in Chapters 1 and 2 and focuses on the instrumental design element of the theoretical framework for the book. It explores how individuals act with agency to form their own legal consciousness around work/life balance policies, and the legal consciousness of those around them, using institutional consciousness networks (ICNs). These networks can function as a way for women to gain legal knowledge, seek emotional and professional support, and exercise resistance to institutional culture. 4Status Speaks: The Importance of Rank chapter abstractThis chapter examines more closely and compares the institutional structures of public universities and the U.S. military. It does so specifically by focusing on these institutions through the lens of rank, an institutional structure that controls the institutional cultures of both institutions fairly significantly. This chapter focuses on how rank plays a role in shaping women's legal consciousness formation in both institutions. 5In the Shadow of the Ideal Worker chapter abstractThis chapter focuses on the ideological construct of the Ideal Worker. This construct affects the legal consciousness of women in both public universities and the U.S. military by stereotyping mothers in these professions are "nonideal." For women faculty, this stereotype casts them as "not serious" about their careers, while women service members are stereotyped as shirking their duties. The chapter concludes by discussing the ways in which current work/life balance policies may in fact reinforce these stereotypes rather than combating them. Conclusion: Can Mothers Ever Be Ideal Workers? chapter abstractThis chapter summarizes the findings of the book, concluding that legal consciousness formation can be observed through instrumental, institutional, and ideological processes. Having revealed in previous chapters the limitations of current public policy aimed at achieving work/life balance, this chapter offers some suggestions for improving the efficacy of these policies. It concludes, however, that significant cultural and institutional discursive shifts must take place in order for public policy to have any meaningful impact on women's lived experiences as working mothers.
£19.79
Stanford University Press Forbidden Intimacies: Polygamies at the Limits of
Book SynopsisA poignant account of everyday polygamy and what its regulation reveals about who is viewed as an "Other" In the past thirty years, polygamy has become a flashpoint of conflict as Western governments attempt to regulate certain cultural and religious practices that challenge seemingly central principles of family and justice. In Forbidden Intimacies, Melanie Heath comparatively investigates the regulation of polygamy in the United States, Canada, France, and Mayotte. Drawing on a wealth of ethnographic and archival sources, Heath uncovers the ways in which intimacies framed as "other" and "offensive" serve to define the very limits of Western tolerance. These regulation efforts, counterintuitively, allow the flourishing of polygamies on the ground. The case studies illustrate a continuum of justice, in which some groups, like white fundamentalist Mormons in the U.S., organize to fight against the prohibition of their families' existence, whereas African migrants in France face racialized discrimination in addition to rigid migration policies. The matrix of legal and social contexts, informed by gender, race, sexuality, and class, shapes the everyday experiences of these relationships. Heath uses the term "labyrinthine love" to conceptualize the complex ways individuals negotiate different kinds of relationships, ranging from romantic to coercive. What unites these families is the secrecy in which they must operate. As government intervention erodes their abilities to secure housing, welfare, work, and even protection from abuse, Heath exposes the huge variety of intimacies, and the power they hold to challenge heteronormative, Western ideals of love. Trade Review"An important intervention into racialized gendered states and their making of marriage and intimacy norms. It beautifully exposes the social consequences of government regulation, reminding us that the family and home are not private spheres, especially among those stigmatized as different."—Eileen Boris, University of California, Santa Barbara"This is a valuable contribution to the literature. It provides a fresh look at globalized pressures to rid western culture of controversial or unsavory practices, such as polygyny. Highly recommended."—Janet Bennion, Northern Vermont University"Forbidden Intimacies provides an outstanding and much-needed map of the many forms that polygamy takes across borders of nation, race, language, culture, law, policy, and time period. Melanie Heath's innovative methodologies, extensive data set, and analysis make the book an essential tool for historical, sociological, and legal investigations of family, and also for work on gaps between law-on-the-books and law-in-action."—Martha Ertman, University of Maryland Law School"This beautifully honed study definitively overturns misconceptions of polygamy. Indeed, it transforms our understandings of these non-monogamous racialized marital forms through multi-sited ethnography and comparative, intersectional, and transnational analysis. Its gift is to show that plural marriages endure in complex ways due to and despite impositions of state governance and white Christian nationalisms in the west."—Jyoti Puri, Simmons University"With empathy and intelligence, Forbidden Intimacies examines the troubled debates around polygyny, marriages involving one husband with two or more wives. Tradition? Oppression? Choice? Crime? With illuminating case studies from three countries, Melanie Heath throws new light on women's agency, patriarchal power, criminalization, and the racial projects of modern states."—Raewyn Connell, University of Sydney"[Heath] explores how the state shapes (and is shaped by) intimate expression and concludes that governments oftenprohibitthese forms of intimacy in an effort to 'uphold the white, monogamous, heterosexual family ideal' and demarcate boundaries of sexual acceptance, boundaries that ultimately contribute to notions of national identity. An important contribution to the field of sexuality, marriage, and family studies. Recommended."—J. R. Mitrano, CHOICE"[Forbidden Intimacies] is methodologically innovative, and the data and analysis provided by Heath make important contributions to our understanding of national identities, colonialism, culture, gender, race, and family.... Heath's methods provide an excellent example of how to do Sociology and should be required reading for anyone who does or is learning to do sociological research."—Mimi Schippers, Social ForcesTable of ContentsIntroduction: Forbidden Intimacies in Global Perspective 1. Racial Projects and Unexpected Divergences in Regulating Polygyny 2. Labyrinthine Love and Homegrown Polygamies 3. Migratory Polygamies: Racialization and Colonial Reckonings 4. Patriarchal Musings: Gender, Power, and Agency in Living Forbidden Intimacies 5. Race, Religion, and Stigmatized Intimacies: Pushing Polygynous Families Underground 6. Recognizing Polygamies: Fighting Over Intimacy Conclusion: Forbidden Intimacies, Racial Projects, and Legal Jeopardy
£64.80
Stanford University Press Policing Bodies: Law, Sex Work, and Desire in
Book SynopsisSex work occupies a legally gray space in Johannesburg, South Africa, and police attitudes towards it are inconsistent and largely unregulated. As I. India Thusi argues in Policing Bodies, this results in both room for negotiation that can benefit sex workers and also extreme precarity in which the security police officers provide can be offered and taken away at a moment's notice. Sex work straddles the line between formal and informal. Attitudes about beauty and subjective value are manifest in formal tasks, including police activities, which are often conducted in a seemingly ad hoc manner. However, high-level organizational directives intended to regulate police obligations and duties toward sex workers also influence police action and tilt the exercise of discretion to the formal. In this liminal space, this book considers how sex work is policed and how it should be policed. Challenging discourses about sexuality and gender that inform its regulation, Thusi exposes the limitations of dominant feminist arguments regarding the legal treatment of sex work. This in-depth, historically informed ethnography illustrates the tension between enforcing a country's laws and protecting citizens' human rights.Trade Review"Thusi's compelling research provides unprecedented insights into the world of policing sex work, and supports arguments for decriminalizing sex work so that women may pursue options deemed beneficial, including selling sex." —Cathi Albertyn, University of the Witwatersrand"Policing Bodies offers a fascinating, entirely unique analysis of the policing of prostitution within multiple street and indoor venues. A major contribution to our understanding of the dynamics of prostitution and its control."—Ronald Weitzer, George Washington University"In this well-crafted examination of the sex industry in Johannesburg, Thusi heightens our understanding of the complex reality of sex work and the evolving nature of its policing. Not only does the book provide an excellent analysis of the situation, it is a really good read!" —Frances M. Shaver, Concordia University"With its numerous footnoted references and studies providing both support and additional bibliographic research opportunities, Policing Bodies is a unique scholarly consideration that should be considered a mainstay not in just South African libraries, but in any collection strong in social and legal issues in general and sex work and law enforcement in particular."—Diane C. Donovan, Midwest Book Review"What [Policing Bodies] clearly shows is the complexity of relationships between sex workers and law enforcement, and how criminalizing sex work is counterproductive. It makes an important and novel contribution to our understanding of the thorny issues around policing and sex work, as well as the state's obligation to protect the rights of sex workers while at the same time regulating their behavior."—Amanda Gouws, Signs: Journal of Women in Culutre and SocietyTable of ContentsINTRODUCTION 1. POLICING AND SEX WORK IN HISTORICAL PERSPECTIVE 2. MAPPING THE POLICING OF SEX WORK 3. INFORMAL POLICING IN ROSEBANK 4. POLICING BEAUTY 5. SEX WORK, FEMINISM, AND POLICY CONCLUSION
£79.20
Stanford University Press Policing Bodies: Law, Sex Work, and Desire in
Book SynopsisSex work occupies a legally gray space in Johannesburg, South Africa, and police attitudes towards it are inconsistent and largely unregulated. As I. India Thusi argues in Policing Bodies, this results in both room for negotiation that can benefit sex workers and also extreme precarity in which the security police officers provide can be offered and taken away at a moment's notice. Sex work straddles the line between formal and informal. Attitudes about beauty and subjective value are manifest in formal tasks, including police activities, which are often conducted in a seemingly ad hoc manner. However, high-level organizational directives intended to regulate police obligations and duties toward sex workers also influence police action and tilt the exercise of discretion to the formal. In this liminal space, this book considers how sex work is policed and how it should be policed. Challenging discourses about sexuality and gender that inform its regulation, Thusi exposes the limitations of dominant feminist arguments regarding the legal treatment of sex work. This in-depth, historically informed ethnography illustrates the tension between enforcing a country's laws and protecting citizens' human rights.Trade Review"Thusi's compelling research provides unprecedented insights into the world of policing sex work, and supports arguments for decriminalizing sex work so that women may pursue options deemed beneficial, including selling sex." —Cathi Albertyn, University of the Witwatersrand"Policing Bodies offers a fascinating, entirely unique analysis of the policing of prostitution within multiple street and indoor venues. A major contribution to our understanding of the dynamics of prostitution and its control."—Ronald Weitzer, George Washington University"In this well-crafted examination of the sex industry in Johannesburg, Thusi heightens our understanding of the complex reality of sex work and the evolving nature of its policing. Not only does the book provide an excellent analysis of the situation, it is a really good read!" —Frances M. Shaver, Concordia University"With its numerous footnoted references and studies providing both support and additional bibliographic research opportunities, Policing Bodies is a unique scholarly consideration that should be considered a mainstay not in just South African libraries, but in any collection strong in social and legal issues in general and sex work and law enforcement in particular."—Diane C. Donovan, Midwest Book Review"What [Policing Bodies] clearly shows is the complexity of relationships between sex workers and law enforcement, and how criminalizing sex work is counterproductive. It makes an important and novel contribution to our understanding of the thorny issues around policing and sex work, as well as the state's obligation to protect the rights of sex workers while at the same time regulating their behavior."—Amanda Gouws, Signs: Journal of Women in Culutre and SocietyTable of ContentsINTRODUCTION 1. POLICING AND SEX WORK IN HISTORICAL PERSPECTIVE 2. MAPPING THE POLICING OF SEX WORK 3. INFORMAL POLICING IN ROSEBANK 4. POLICING BEAUTY 5. SEX WORK, FEMINISM, AND POLICY CONCLUSION
£21.59
Stanford University Press Supreme Bias: Gender and Race in U.S. Supreme
Book SynopsisIn Supreme Bias, Christina L. Boyd, Paul M. Collins, Jr., and Lori A. Ringhand present for the first time a comprehensive analysis of the dynamics of race and gender at the Supreme Court confirmation hearings held before the Senate Judiciary Committee. Drawing on their deep knowledge of the confirmation hearings, as well as rich new qualitative and quantitative evidence, the authors highlight how the women and people of color who have sat before the Committee have faced a significantly different confirmation process than their white male colleagues. Despite being among the most qualified and well-credentialed lawyers of their respective generations, female nominees and nominees of color face more skepticism of their professional competence, are subjected to stereotype-based questioning, are more frequently interrupted, and are described in less-positive terms by senators. In addition to revealing the disturbing extent to which race and gender bias exist even at the highest echelon of U.S. legal power, this book also provides concrete suggestions for how that bias can be reduced in the future.Trade Review"Supreme Bias is an important book. The research is vital, timely, and innovative as it is the first book to comprehensively focus on gender and racial biases during the Senate Judiciary Committee confirmation hearings. Collins, Ringhand, and Boyd present novel qualitative and quantitative data and find that female nominees and nominees of color face very different confirmation hearings than white male nominees. The work is theoretically rich, and the scope and depth of the book is remarkable. In short, Supreme Bias will transform how scholars study Supreme Court confirmation hearings."—Jennifer Bowie, University of Richmond"Supreme Bias deepens our understanding of the way the U.S. Senate exercises its advice and consent power. Boyd, Collins, and Ringhand leverage the most comprehensive and sophisticated dataset of U.S. Supreme Court confirmation hearings to systematically assess the dynamics of senator-nominee interactions, illuminating how senators' treatment of nominees is shaped by gender, race, and partisanship."—Eve Ringsmuth, Oklahoma State University"In this excellent and timely book, Boyd, Collins, and Ringhand provide compelling evidence that confirmation hearings play out in a context in which a nominee's race and gender are relevant to how hearings unfold. They also demonstrate that potential improvements, such as by increasing diversity on the Senate Judiciary Committee, are unlikely to eliminate in full the racial and gender bias often on display. This thorough analysis provides an important contribution to our understanding of the collision between efforts to diversify the Supreme Court and how nominees are treated in the most public part of the appointment process."—Lisa M. Holmes, University of Vermont"Supreme Bias describes how race, gender, and partisanship interact to produce a two-tiered confirmation process for individuals nominated to the Supreme Court. Drawing on theoretical literature on in-groups and out-groups, the authors mine an 'original data set' gleaned from Judiciary Committee hearings that took place between 1939 and 2022. The results are stark.... Essential reading for students of the Court."—P. Watkins, CHOICE
£86.40
Stanford University Press Supreme Bias: Gender and Race in U.S. Supreme
Book SynopsisIn Supreme Bias, Christina L. Boyd, Paul M. Collins, Jr., and Lori A. Ringhand present for the first time a comprehensive analysis of the dynamics of race and gender at the Supreme Court confirmation hearings held before the Senate Judiciary Committee. Drawing on their deep knowledge of the confirmation hearings, as well as rich new qualitative and quantitative evidence, the authors highlight how the women and people of color who have sat before the Committee have faced a significantly different confirmation process than their white male colleagues. Despite being among the most qualified and well-credentialed lawyers of their respective generations, female nominees and nominees of color face more skepticism of their professional competence, are subjected to stereotype-based questioning, are more frequently interrupted, and are described in less-positive terms by senators. In addition to revealing the disturbing extent to which race and gender bias exist even at the highest echelon of U.S. legal power, this book also provides concrete suggestions for how that bias can be reduced in the future.Trade Review"Supreme Bias is an important book. The research is vital, timely, and innovative as it is the first book to comprehensively focus on gender and racial biases during the Senate Judiciary Committee confirmation hearings. Collins, Ringhand, and Boyd present novel qualitative and quantitative data and find that female nominees and nominees of color face very different confirmation hearings than white male nominees. The work is theoretically rich, and the scope and depth of the book is remarkable. In short, Supreme Bias will transform how scholars study Supreme Court confirmation hearings."—Jennifer Bowie, University of Richmond"Supreme Bias deepens our understanding of the way the U.S. Senate exercises its advice and consent power. Boyd, Collins, and Ringhand leverage the most comprehensive and sophisticated dataset of U.S. Supreme Court confirmation hearings to systematically assess the dynamics of senator-nominee interactions, illuminating how senators' treatment of nominees is shaped by gender, race, and partisanship."—Eve Ringsmuth, Oklahoma State University"In this excellent and timely book, Boyd, Collins, and Ringhand provide compelling evidence that confirmation hearings play out in a context in which a nominee's race and gender are relevant to how hearings unfold. They also demonstrate that potential improvements, such as by increasing diversity on the Senate Judiciary Committee, are unlikely to eliminate in full the racial and gender bias often on display. This thorough analysis provides an important contribution to our understanding of the collision between efforts to diversify the Supreme Court and how nominees are treated in the most public part of the appointment process."—Lisa M. Holmes, University of Vermont"Supreme Bias describes how race, gender, and partisanship interact to produce a two-tiered confirmation process for individuals nominated to the Supreme Court. Drawing on theoretical literature on in-groups and out-groups, the authors mine an 'original data set' gleaned from Judiciary Committee hearings that took place between 1939 and 2022. The results are stark.... Essential reading for students of the Court."—P. Watkins, CHOICE
£23.39
John Wiley and Sons Ltd Failing Moms: Social Condemnation and
Book SynopsisWhile many claim that being a mom is the most important job in the world, in reality motherhood in the United States is becoming harder. From preconception, through pregnancy, and while parenting, women are held to ever-higher standards and are finding themselves punished – both socially and criminally – for failing to live up to these norms. This book uncovers how women of all ethnic backgrounds and socioeconomic statuses have been interrogated, held against their will, and jailed for a rapidly expanding list of offenses such as falling down the stairs while pregnant or letting a child spend time alone in a park, actions that were not considered criminal a generation ago. While poor mothers and moms of color are targeted the most, all moms are in jeopardy, whether they realize it or not. Women and mothers are disproportionately held accountable compared to men and fathers who do not see their reproduction policed and almost never incur charges for “failure to protect.” The gendered inequality of prosecutions reveals them to be more about controlling women than protecting children. Using a reproductive justice lens, Caitlin Killian analyzes how and why mothers are on a precipice and what must change to prevent mass penalization and instead support mothers and their children.Trade Review“Failing Moms is a tour de force, offering a timely and critical analysis of the myriad ways that mothers are failed by just about everyone. Killian offers compelling and disturbing evidence that American mothers are embattled and exhausted. Happily, she also offers a host of solutions, beginning with valuing mothers.”Monica Casper, San Diego State University“This book does a breathtaking job of illuminating the ways all women are imperiled by the denigration of mothers. This accepted cruelty is systemic, built into the legal system, state neglect, and social mores and codes with which all women must contend, but none more so than those who become (or who are suspected of becoming) birthing bodies.”Kate Baldwin, Tulane UniversityTable of ContentsAcknowledgments Introduction All Moms Are Bad Moms Pre-Conception Discrimination Criminal Pregnancies “Neglectful” Mothers Mothers of Maimed and Murdered Children Fighting Back, Fighting for the Future References
£49.50
John Wiley and Sons Ltd Failing Moms: Social Condemnation and
Book SynopsisWhile many claim that being a mom is the most important job in the world, in reality motherhood in the United States is becoming harder. From preconception, through pregnancy, and while parenting, women are held to ever-higher standards and are finding themselves punished – both socially and criminally – for failing to live up to these norms. This book uncovers how women of all ethnic backgrounds and socioeconomic statuses have been interrogated, held against their will, and jailed for a rapidly expanding list of offenses such as falling down the stairs while pregnant or letting a child spend time alone in a park, actions that were not considered criminal a generation ago. While poor mothers and moms of color are targeted the most, all moms are in jeopardy, whether they realize it or not. Women and mothers are disproportionately held accountable compared to men and fathers who do not see their reproduction policed and almost never incur charges for “failure to protect.” The gendered inequality of prosecutions reveals them to be more about controlling women than protecting children. Using a reproductive justice lens, Caitlin Killian analyzes how and why mothers are on a precipice and what must change to prevent mass penalization and instead support mothers and their children.Trade Review“Failing Moms is a tour de force, offering a timely and critical analysis of the myriad ways that mothers are failed by just about everyone. Killian offers compelling and disturbing evidence that American mothers are embattled and exhausted. Happily, she also offers a host of solutions, beginning with valuing mothers.”Monica Casper, San Diego State University“This book does a breathtaking job of illuminating the ways all women are imperiled by the denigration of mothers. This accepted cruelty is systemic, built into the legal system, state neglect, and social mores and codes with which all women must contend, but none more so than those who become (or who are suspected of becoming) birthing bodies.”Kate Baldwin, Tulane UniversityTable of ContentsAcknowledgmentsIntroductionAll Moms Are Bad MomsPre-Conception DiscriminationCriminal Pregnancies“Neglectful” MothersMothers of Maimed and Murdered ChildrenFighting Back, Fighting for the FutureReferences
£17.09
Bristol University Press Sexual History Evidence And The Rape Trial
Book SynopsisThe use of a rape victim’s sexual history as evidence attracted intense public attention after the acquittal of footballer Ched Evans in 2017. Set within the context of a criminal justice system widely perceived to be failing rape victims, the use of sexual history evidence remains a flashpoint of contention around rape law reform. This accessible book mounts an important interrogation into the use of a victim’s sexual history as evidence in rape trials. Adopting a critical multidisciplinary perspective underpinned by feminist theory, the authors explore the role and significance of sexual history evidence in criminal justice responses to rape.Table of ContentsTable of Cases Table of Statutes Notes on Authors Acknowledgements 1. Introduction: Setting the Scene 2. A History of Rape Law in Action 3. Emergence of a Legal Regime Governing the Use of Sexual History Evidence 4. Legal Regulation: Limits and Potentialities 5. Tracking the Use of Sexual History Evidence in the Courtroom 6. The Relevance of Sexual History Evidence 7. Sexual History Evidence and Subjectivity 8. Conclusion: What Is To Be Done About Sexual History Evidence? References Index
£72.00
Bristol University Press Queering Criminology in Theory and Praxis:
Book SynopsisThis accessible book introduces the key concepts and theoretical developments of queer criminology and explains what they mean for modern criminal justice frameworks and practitioners. The book sets out experiences of the LGBTQ+ population as victims, offenders and professionals in legal systems in the US and internationally and explores what they mean for elements of those systems including police, courts, corrections and victims’ services. It is both a useful reference point for academics, students and professionals and a guide to how queer criminology can be theoretically applied and practically implemented in the worlds of policing, courts, corrections, and victims' services.Table of ContentsIntroduction: Towards Freedom, Empowerment, and Agency: An Introduction to Queering Criminology in Theory and Praxis: Reimaging Justice in the Criminal Legal System and Beyond – Carrie L. Buist and Lindsay Kahle Semprevivo 1. Gender- and Sexuality-Based Violence Among LGBTQ People: An Empirical Test of Norm-Centered Stigma Theory – Meredith G.F. Worthen 2. Queer Pathways – Michael K. Winters 3. Queer Criminology and the Destabilization of Child Sexual Abuse – Dave McDonald 4. Queer(y)ing the Experiences of LGBTQ Workers in Criminal Processing Systems – Angela Dwyer and Roddrick A. Colvin 5. ‘PREA Is a Joke’: A Case Study of How Trans PREA Standards Are(n’t) Enforced – April Carrillo 6. Queerly Navigating the System: Trans* Experiences Under State Surveillance – Rayna E. Momen 7. Sex-Gender Defining Laws, Birth Certificates, and Identity – Jon Rosenstadt 8. Effects of Intimate Partner Violence in the LGBTQ Community: A. Systematic Review – Illandra Denysschen and Rosalind Evans 9. Health Covariates of Intimate Partner Violence in a National Transgender Sample – Victoria Kurdyla, Adam M. Messinger, and Xavier L. Guadalupe-Diaz 10. Serving Transgender, Gender Nonconforming, and Intersex Youth in Alameda County’s Juvenile Hall – Alexandria Garcia, Naseem Badiey, Laura Agnich Chavez, and Wendy Still 11. Liberating Black Youth Across the Gender Spectrum Through the Deconstruction of the White Femininity/Black Masculinity Duality – Angela Irvine-Baker, Aisha Canfield, and Carolyn Reyes 12. ‘I Thought They Were Supposed to Be on My Side’: What Jane Doe’s Experience Teaches Us About Institutional Harm Against Trans Youth – Vanessa R. Panfil and Aimee Wodda 13. The Role of Adolescent Friendship Networks in Queer Youth’s Delinquency – Nayan G. Ramirez 14. ‘At the Very Least’: Politics and Praxis of Bail Fund Organizers and the Potential for Queer Liberation – Luca Suede Connolly and Rose M. Buckelew 15. A Conspiracy – Lucilla R. Harrell and S. Page Dukes 16. LGBTQ+ Homelessness: Resource Obtainment and Issues With Shelters – Trye Mica Price and Tusty ten Bensel 17. The Color of Queer Theory in Social Work and Criminology Practice: A World Without Empathy – Rebecca S. Katz 18. Camouflaged: Tackling the Invisibility of LGBTQ+ Veterans When Accessing Care – Shanna N. Felix and Chrystina Y. Hoffman 19. Barriers to Reporting, Barriers to Services: Challenges for Transgender Survivors of Intimate Partner Violence and Sexual Victimization – Danielle C. Slakoff and Jaclyn A. Siegel Conclusion: What Does It Mean to Do Justice? Current and Future Directions in Queer Criminological Research and Practice – Lindsay Kahle Semprevivo and Carrie L. Buist
£25.64
Irwin Law Inc Trauma, Trials and Transformation: Guiding sexual assault victims through the legal system and beyond
£19.78
Irwin Law Inc Women, Law, and Equality: A Discussion Guide
£20.14
Athabasca University Press Violence, Imagination, and Resistance:
Book Synopsis
£25.19
Edward Elgar Publishing Ltd Research Handbook on Feminist Engagement with
Book SynopsisFor 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 KrivenkoTrade Review‘Susan Harris Rimmer and Kate Ogg have compiled an important volume on feminist engagement with international law. The editors build on recent research and scholarship produced on the subject, but also extend their inquiries to areas not previously covered by feminist scholars of international law in great detail, but which are of significance to the corpus of international law scholarship. . . . For those who teach, research, practice, or otherwise engage with international law, this volume is a useful source and a notable contribution to the literature.’ -- Penelope Andrews, American Journal of International Law‘This specialised expert text is a “must have” for anyone, wishing to better appreciate the opportunity feminist engagement with international law offers. It is plain that feminist engagement with any area of the law offers an exploration beyond “women as actors.” It is a distinct feature of this Research Handbook, and a particular success of its editors, the diversity of theoretical approaches and different methodologies outlined for the reader. A feminist approach is not singular and is instead best viewed as a rich web of different approaches and methodologies, which lend themselves particularly nicely to interdisciplinary research, embedded in the broader context. Readers are invited to explore this Research Handbook, as it is almost a guarantee that any reader, interested in international law, will find at least one contribution relevant to their own research, if not more.’ -- Feminist Legal Studies‘This is a highly recommended Research Handbook, which will be useful to both experts and readers who are new to feminist studies. . . . a “must have” for anyone, wishing to better appreciate the opportunity feminist engagement with international law offers.’ -- Metka Potočnik, Wolverhampton Law JournalTable of ContentsContents: Foreword Hilary Charlesworth 1. Introduction Kate Ogg and Susan Harris Rimmer 2. On Women, Peace and Security Sima Samar Part I: Diversifying Feminist Engagement with International Law 3. Women as Maker of International Law: Towards feminist diplomacy Susan Harris Rimmer 4. Wildlife and International Law: Can feminism transform our relationship with nature? Katie Woolaston 5. Gender, Climate Change and the United Nations Framework Convention on Climate Change Rowena Maguire 6. Can Global Constitutionalisation be Feminist? Aoife O’Donoghue and Ruth Houghton 7. Women in Private International Law Mary Keyes 8. Gender, Disasters and International Law Gabrielle Simm 9. ‘Sexing’ consent in international law Siobhán Airey 10. Practitioner Perspective State Aid Prohibition as an Instrument in the Gender War – Promoting Work for Women in the European Union? Pamela Finckenberg-Broman Part II: Making Feminist Engagement with International Law More Influential: Not just talking to ourselves 11. The Future of Feminist Engagement with Refugee Law: From the margins to the centre and out of the ‘Pink Ghetto’? Kate Ogg 12. Women and the International Court of Justice Ekaterina Yahyaoui Krivenko 13. ‘Gender just judging’ in international criminal courts: New directions for research Rosemary Grey and Louise Chappell 14. Revisiting the category ‘women’ Jaya Ramji-Nogales 15. A Feminist Human Security-Human Rights Lens: Expanding women’s engagement with international law Dorothy Estrada-Tanck 16. The future of feminist international legal scholarship in a neoliberal university: doing law differently? Ntina Tzouvala 17. Practitioner Perspective Women and international treaty making: the example of standard-setting in the International Labour Organization Jane Aeberhard-Hodges Part III: Feminist Engagement with International Law: Improving Women’s Lives 18. Challenging gendered economic and social inequalities: An analysis of the role of trade and financial liberalisation in deepening inequalities, and of the capacity of economic and social rights to redress them Emma Larking 19. Looking to the Future: Gender, Health and International Law Belinda Bennett and Sara Davies 20. Oral history as empirical corrective: Including women’s experiences in international law Kim Rubenstein and Anne Isaac 21. Violence against Women and Social and Economic Rights: Deepening the Connections Beth Goldblatt 22. Feminist Time and International Law of the Everyday Mary Hansel 23. Practitioner Perspective Feminism in court: Practical solutions for tackling the wicked problem of women’s invisibility in criminal justice Felicity Gerry QC Part IV: Building Bridges with other Critical Theories 24. The Maputo Protocol and the Reconciliation of Gender and Culture in Africa Jing Geng 25. Sex/Gender is Fluid, What Now for Feminism and International Human Rights Law? A Call to Queer the Foundations Kathryn McNeilly 26. Matri-legal Feminism: An African Feminist Response to International Law Josephine Jarpa Dawuni 27. Frames of Violence and the Violence of Frames: Setting a Feminist Critical Agenda for Transnational Rituals of Speaking Mariana Prandini Assis 28. Third World Approaches to International Law: Feminists' Engagement with International Law and Decolonial Theory" Giovanna Maria Frisso 29. Indigenous Women and International Law Veronica Fynn Bruey 30. Reimagining Feminist Engagements with Internationl Law Kamala Chandrakirana Afterword Dianne Otto Index
£231.00
Edward Elgar Publishing Ltd Research Handbook on Gender, Sexuality and the
Book SynopsisThis 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. ZagoTrade Review'They have edited a timely collection that offers a global perspective on ''the current gender, sexuality, and law research landscape.'' Highly recommended.' -- C Pinto, CHOICE'It provides a comprehensive, contemporary and provoking account of the field that is truly socio-legal in nature and places front and centre the voices of some of those most directly affected by the law and its institutions.' -- Ilona Cairns, Edinburgh Law Review'An important intervention in the persistent question of how we can use the law for sexual liberation without being used by the law. This volume interrogates who ''we'' are across multiple identities, what law is or has been in numerous jurisdictions, and what sexual, gender, and human liberation might be in our lifetimes. Not beholden to any particular theoretical perspective or doctrinal imperative, this collection will serve as a vital springboard for researchers in sex, gender, and legal struggles.' --Ruthann Robson, City University of New York, School of Law, US'An important and timely collection that demonstrates the enduring value of gender and sexuality for legal and other scholars working across a wide range of issues. While revisiting and recasting gay rights and feminist insights, it also opens up and broadens the field - conceptually and geographically - and acknowledges and engages with debates, rather than attempting to resolve them. In true queer style it troubles boundaries and provides signposts rather than destinations.' -- Daniel Monk, Birkbeck, University of London, UK'This book is a very useful resource for both students and academics wanting to consider where the field sits at this historical moment in which il/liberal states struggle with their own internal contradictions and the rise of populist movements. In the face of these forces, it charts paths for future socio-legal scholarship through theoretical and empirical engagement with activist struggles in the west and global south, foregrounding intersectionality in legal analysis around identity, lived experience, bodily autonomy, vulnerability and transgression.' -- Alex Sharpe, Keele University, UKTable of ContentsContents: 1 Introduction to the Research Handbook on Gender, Sexuality and Law 1 Chris Ashford and Alexander Maine PART I NEW BOUNDARIES AND ACTIVISM 2 From the litigants’ perspective: Wilkinson v Kitzinger and the pursuit of marriage equality in England and Wales 8 Sue Wilkinson and Celia Kitzinger 3 Formal recognition of adult relationships and legal gender in a comparative perspective 17 Jens M. Scherpe 4 Diplomacy, conditionality and transnational LGBTI rights 32 Kay Lalor 5 Legislating and litigating same sex marriage in China 45 Tingting Liu and Jingshu Zhu 6 Striking women: the politics of gender, sexuality and the law in South Africa 60 Melanie Judge and Dee Smythe PART II IDENTITY AND STATE 7 Life at the corner of poverty and sexual abjection: lewdness, indecency, and LGBTQ youth 76 Libby Adler 8 Same sex marriage and Article 12 of the European Convention on Human Rights 91 Paul Johnson and Silvia Falcetta 9 LGBTI migration in Europe 104 Alexander Schuster 10 Fully recognizing both dignity and equality values under the emergent ECHR right to a same sex registered partnership 120 Helen Fenwick and Daniel Fenwick 11 Transgender rights in Europe: EU and Council of Europe movements towards gender identity equality 134 Peter Dunne PART III LIVED SOCIETY 12 Normative understandings: sexual identity, stereotypes, and asylum seeking 149 Alex Powell 13 Feminist responses to same sex relationship recognition 164 Rosemary Auchmuty 14 LGBT rights and tax law: a comparative perspective 181 Anthony C. Infanti 15 LGBT rights in Africa 194 Siri Gloppen and Lise Rakner PART IV BODILY AUTONOMY 16 A perfect storm: the UK government’s failed consultation on the Gender Recognition Act 2004 211 Stephen Whittle and Fiona Simkiss 17 Becoming a legal proxy: the unintended consequences of informed consent in US transgender medicine 232 stef m. shuster 18 (De)regulating trans identities 244 Flora Renz 19 ‘That’s a bit of a minefield’: supported decision making in intellectually disabled people’s intimate lives 256 Rosie Harding and Ezgi Taşcıoğlu 20 Dispute resolution, domestic violence and abuse between lesbian partners 271 Maria Federica Moscati PART V VIOLENCE AND VULNERABILITY 21 The global femicide problem: issues and prospects 286 Rosemary Barberet and Aneesa A. Baboolal 22 Law, society and domestic violence: ‘best practice’ methodologies for evaluating integrated domestic violence services 301 Nan Seuffert and Trish Mundy 23 Gender and hate crime protections 317 Marian Duggan 24 Feminist mandated reporters question the Title IX system: when civil rights programs adopt managerial logics and protect institutional interests 330 Jessica Cabrera 25 Vulnerability, victimhood and sex offences 341 Sharon Cowan and Rebecca Hewer PART VI DEVIANCY AND ILLICIT CONSTRUCTIONS 26 Kinky identity and practice in relation to the law 362 Ummni Khan 27 Male sex work – a gendered, (hetro)sexist approach to regulation 379 Thomas Crofts 28 Regulating desire in Russia 396 Alexander Kondakov 29 Normative behaviour, moral boundaries and the state 409 Chris Ashford, Alexander Maine and Giuseppe Zago 30 Deviancy and illicit constructions 425 Brian Simpson PART VII TRANSGRESSIVE BOUNDARIES 31 Masculinities and families: fragmenting law’s ‘family man’ 443 Richard Collier 32 The healthcare rights of people living with HIV and AIDS 457 Matthew Weait 33 Regulating pornography: developments in evidence, theory and law 471 Fiona Vera-Gray and Clare McGlynn 34 Defending pornography: the case against strategic essentialism 484 Alex Dymock 35 Red, white, and BLACK AND BLUE: the American criminalization of BDSM 497 Stephan Ferris Index 513
£220.00
Edward Elgar Publishing Ltd Gender, Alterity and Human Rights: Freedom in a
Book Synopsis'Long admired for her pioneering work on gender, neo-liberalism and human rights, in this volume Ratna Kapur builds on that scholarship to offer a bold and wide ranging set of arguments that will add immensely to the many current debates about human rights and their efficacy in this age of inequality. Kapur' s trenchant critique of rights and her vision of an alternative to the liberal concept of freedom offer strikingly original arguments that make this an indispensable volume for all who are interested in the future of human rights.'- Tony Anghie, National University of Singapore and University of Utah, US'Gender, Alterity and Human Rights: Freedom in a Fishbowl is located within the best of critical theory traditions - thinking and rethinking orthodoxies around sexuality, rights and freedoms. Kapur not only deploys a late Foucauldian rethinking of freedom, but inherits the very spirit of intellectual engagement - of ''shak(ing) up habitual ways of working and thinking, dissipate(ing) conventional familiarities, to reevaluate rules and institutions'' (Foucault). It is a compelling, provocative read that will make its readers rethink what they think they already know.'- Brenda Cossman, University of Toronto, Canada'Ratna Kapur is one of the most important international legal scholars working today. Gender, Alterity and Human Rights is brilliant, provocative and ground breaking - I cannot think of any other book published today that centers radically 'other' approaches to political and ethical agency as the epistemological anchor for analysis of international law. She advances this ambitious new ground by showing how dominant approaches to human rights and feminism are themselves invested in political subjectivities and agendas that seek to redeem international law and authorize global governance. With theoretical rigor and a radical sensibility, she quarries through material as diverse as human rights case law and Sufi poetry to excavate the plurality of ways in which freedom is envisioned, challenged and inhabited.'- Vasuki Nesiah, New York University, USHuman rights are axiomatic with liberal freedom. This book builds on the critique of this mainstream and official position on human rights, drawing attention to how human rights have been deployed to advance political and cultural intents rather than bring about freedom for disenfranchised groups. Its approach is unique insofar as it focuses on queer, feminist and postcolonial human rights advocacy, exposing how such interventions have at times advanced neo-liberal agendas and new forms of imperialism, and enabled a carceral politics rather than producing freedom for their constituencies. Through a focus on campaigns for same-sex marriage, ending violence against women, and the Islamic veil bans in liberal democracies, human rights emerge as forms of governance that operate through normative prescriptions, which bind even as they purport to free, and establish a hierarchy of the human subject: who is human and who is not; who qualifies for rights and who does not. This book argues that the futurity of human rights rests in a transformative engagement with non-liberal registers of freedom beyond the narrow confines of the liberal fishbowl. This book will have a global appeal for students and academics concerned with international and human rights law, jurisprudence, critical legal theory, gender studies, postcolonial studies, feminist legal theory, queer theory, religious studies, and philosophy. It will appeal to political activists and policymakers in the global justice arena concerned with the freedom of disenfranchised groups, human rights, gender justice, and the rights sexual and religious minorities.Trade Review‘In her book Gender, Alterity and Human Rights: Freedom in a Fishbowl, Ratna Kapur offers a powerful critique of human rights and liberal freedom that challenges our certainties of human rights advocacy and critical legal projects. Her book is a must-read for every human rights scholar and legal theorist.’ -- Cara Röhner, International Journal of Constitutional Law‘Ratna Kapur’s Gender, Alterity, and Human Rights: Freedom in a Fishbowl is an intellectual tour-de-force, fluently crossing into the fields of political theory, legal theory, international law, and international relations. The book will be a useful resource for long to come to both scholars and students in the fields of political theory, legal theory, gender and sexuality studies, human rights, and international relations. Its implications are applicable across a wide variety of areas of inquiry, both closely related to and further afield from the direct discussion of human rights from which Kapur constructs a theoretical framework. I would assign it to graduate classes in law, politics, and gender studies, and am likely to continue to revisit the rich text several times in the coming years, both for dialogue with my research work and to think about the vexing problem of acting while escaping liberalisms' unfreedoms.’ -- Laura Sjoberg, Asia Pacific Law Review‘An important contribution to contemporary critical scholarship about human rights and, in particular, scholarship about the consequences of the expanding field of human rights and its offshoots, “gender mainstreaming” and “women, peace and security”.’ -- Sari Kouvo, European Journal of International Law of Freedom‘Ratna Kapur’s latest book Gender, Alterity, and Human Rights: Freedom in a Fish Bowl masterfully tackles a normative claim that has been gaining increasing momentum over the last few decades: the human rights agenda has hit an impasse and needs serious transformation. Kapur writes with the assured confidence of the erudite theorist she is and her voice demands audience.’ -- – Feminist Legal Studies‘In an elegantly written book, Ratna Kapur takes the critique of the human rights project a step further to make a case for alternative registers of freedom and emancipation.’ -- Open Magazine‘Long admired for her pioneering work on gender, neo-liberalism and human rights, in this volume Ratna Kapur builds on that scholarship to offer a bold and wide ranging set of arguments that will add immensely to the many current debates about human rights and their efficacy in this age of inequality. Kapur’s trenchant critique of rights and her vision of an alternative to the liberal concept of freedom offer strikingly original arguments that make this an indispensable volume for all who are interested in the future of human rights.’ -- Tony Anghie, National University of Singapore and University of Utah, US‘How is human freedom pursued and experienced outside the [neo]liberal fish bowl? Courageously defying the critical human rights orthodoxies of nihilism or repair, Kapur catapults from her own ground-breaking analyses of the damage inflicted in pursuit of gender and sexual rights calling for a radical rethinking of human rights advocacy, drawing from non-liberal traditions. She dares us to venture beyond the fishbowl by charting several escape routes offered by alternative non-western, counter-hegemonic epistemologies of freedom which prioritize rigorous self-inquiry, non-dualistic perspectives and inclusive dialogue.’ -- Dianne Otto, Melbourne Law School, Australia‘Ratna Kapur is one of the most important international legal scholars working today. Gender, Alterity and Human Rights is brilliant, provocative and ground breaking – I cannot think of any other book published today that centers radically ‘other’ approaches to political and ethical agency as the epistemological anchor for analysis of international law. She advances this ambitious new ground by showing how dominant approaches to human rights and feminism are themselves invested in political subjectivities and agendas that seek to redeem international law and authorize global governance. With theoretical rigor and a radical sensibility, she quarries through material as diverse as human rights case law and Sufi poetry to excavate the plurality of ways in which freedom is envisioned, challenged and inhabited.’ -- Vasuki Nesiah, New York University, USTable of ContentsContents: Prologue Introduction 1. Liberal Freedom in a Fishbowl 2. Precarious Desires and the Pursuit of Rights 3. Freedom, Women’s Rights and the Rise of the Sexual Security Regime 4. Alterity, Gender Equality and the Veil 5. Despair, Redemption and the Turn Away from Human Rights 6. Seeking Freedom through Alternative Registers 7. Freedom from the Fishbowl Epilogue Bibliography Index
£109.00
Edward Elgar Publishing Ltd Gender and Human Rights: Expanding Concepts
Book SynopsisThis unique book analyses the impact of international human rights on the concept of gender, demonstrating that gender emerged in the medical study of sexuality and has a complex and broad meaning beyond the sex and gender binaries often assumed by human rights law. Ekaterina Yahyaoui Krivenko skilfully illustrates the dynamics within the field of human rights which hinder the expansion of the concept of gender and which strategies and mechanisms allow and facilitate such an expansion. Gender and Human Rights surveys the development of human rights from the creation of the United Nations up to the present day and discusses key examples of the prohibition of violence and the regulation of culture and family in the context of human rights. This multidisciplinary study also incorporates additional perspectives from medical science, feminism and queer theory.This concise yet engaging book will be a valuable resource for scholars, students and activists working at the intersection of gender law and human rights law, providing a critical overview of the topic alongside strategies for future growth.Trade Review'Yahyaoui Krivenko's compelling analysis reveals just how structurally embedded international human rights law's (mis)understanding of gender, as male/female duality and biological fact, is. This not only restricts law's capacity to fully comprehend how gender hierarchies impact on the enjoyment of human rights, but also implicates human rights law itself in perpetuating gendered harms. Yahyaoui Krivenko's call for disrupting this damaging gender script, and the openings she identifies as places to start, present a challenge to us all.' -- Dianne Otto, The University of Melbourne, AustraliaTable of ContentsContents: 1. Introduction 2. Gender and its complexities 3. Human rights and gender: the first stage 4. Feminist approaches, gay and lesbian studies, queer theory: their engagement with gender and human rights 5. Human rights and gender: the second stage 6. Successes and challenges: right to be free from violence 7. Successes and challenges: culture and human rights 8. Successes and challenges: family and human rights 9. General conclusions Index
£75.00
Edward Elgar Gender Sexuality and Law
Book Synopsis
£95.00
Edward Elgar Gender Sexuality and Law
Book Synopsis
£33.25
Edward Elgar Publishing Ltd Women and International Human Rights in Modern
Book SynopsisThis casebook provides an overview of the main international and regional legal standards related to the human rights of women and explores their development and practical application in light of contemporary times, challenges, and advances. It navigates the nuances of the ongoing problems of discrimination and gender-based violence, and analyzes them in the context of modern challenges, such as the COVID-19 pandemic, the MeToo movement and its aftermath, the growth of non-state actors, environment and climate change, sexual orientation and gender identity, and the digital world, among others.Incorporating lessons learned from her experiences as a practitioner and a law professor, the author navigates and provides snapshots of priority issues and themes in the field of the human rights of women. In each chapter, students are encouraged to reflect and answer questions alluding to the intricacies, challenges, and advances in the protection and exercise of women’s rights in modern times. The chapters also include many case judgments, decisions, views, and general recommendations adopted by universal and regional bodies and courts advancing the development of women human rights issues. This analysis is complemented by key scholarship, reports, and statements produced in the area of the human rights of women and its different features.Students of issues concerning human rights, women, gender equality, and international law will attain a thorough understanding of the field through this contemporary casebook.Table of ContentsContents: Preface 1. Discrimination against women: doctrine, practice, and the path forward 2. Gender-based violence as a form of discrimination 3. Intersectionality and the interconnectedness of discrimination: the case of indigenous women 4. Sexual orientation and gender identity 5. Women and times of emergency: the case of COVID-19 6. Due diligence in the contemporary world: the era of MeToo, non-state actors, and social protest 7. The challenging road to equality and the pursuit of non-discrimination 8. Sexual and reproductive rights: a gender equality and international law approach 9. Economic, social, and cultural rights of women 10. Women, the environment, and climate change 11. Women and the regional human rights protection systems 12. Women, culture, and religion 13. The human rights of women in the digital world Index
£132.29
Emerald Publishing Limited 'Rough Sex' and the Criminal Law: Global
Book Synopsis‘Rough sex’ has been at the forefront of criminal law in recent years following several high-profile murders of women killed during alleged consensual sex ‘gone wrong’, leading to widespread calls for reform to prevent the use of what has been termed the ‘rough sex defence.’ Situated in a global context in which violence against women is one of the leading preventable contributors to death and illness for women aged 18–44 worldwide, this timely collection examines the rough sex defence and responds to some of the wider debates around sex and the law. Drawing on a range of empirical and theoretical standpoints, chapters delve into a range of topics including the female experience of ‘unwanted’ slapping, choking and spitting during sex, the BDSM community, the impacts of pornography, the normalization and sexualization of violence against women, early depictions of BDSM involving the eroticization of non-consensual relations, problematic perceptions of BDSM as inherently violent, and more. Bows and Herring expertly collate a wide-reaching mix of perspectives to contribute to a powerful feminist investigation of this critical issue. It is a compelling read for scholars interested in the intersection of sex, the law, and the criminal justice system.Table of ContentsIntroduction; Hannah Bows and Jonathan Herring Chapter 1. Consensual Aggression and Violence During Sex (‘rough sex’) in the General Population – A Scoping (Literature) Review; Bernard Gallagher, Nadia Wager, Victoria Gall, Barbara Gilroy, Lara Flynn Hudspith, Manisha Singh, Joseph Sykes, and Vicky Whitaker Chapter 2. Coercive Control and Rough Sex; Jonathan Herring Chapter 3. Defining rough sex via mainstream pornography; Samantha Keene Chapter 4. BDSM and the legal imaginary; Alexandra Fanghanel Chapter 5. The Legality of Love-bites; Amanda Spalding Chapter 6. Effectively Recognising and Punishing Sexual Coercion: Proposals for Reform; Susan Leahy Chapter 7. A Critique of the ‘Rough Sex Defence’ in Australian Rape Law; Rachael Burgin and Jonathan Crowe Chapter 8. Understanding women’s experiences of non-consensual violence in sex; Lucy Snow Chapter 9. The rough sex defence in the UK; Fiona Mackenzie Chapter 10. Reacting to Rough Sex: The Unexpected Toll of Section 71 Domestic Abuse Act 2021; Emily Bradley Chapter 11. On Sadism: Placing the Rough Sex Defence Within a History of Sadistic Conceptualisation; Ray Harris
£70.29
Edward Elgar Publishing Ltd Conceptualizing Femicide as a Human Rights
Book SynopsisThis 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.Table of ContentsContents: 1. Introduction to the concept of femicide PART I FEMICIDE AND INTERNATIONAL CRIMINAL LAW 2. Femicide and (the laws of) war 3. Femicide and crimes against humanity 4. Femicide: Genocide by another name CONCLUSION TO PART I PART II FEMICIDE AND HUMAN RIGHTS LAW 5. Femicide, the UN system and CEDAW 6. Femicide and the European human rights system 7. Femicide and the inter-American human rights system 8. Femicide and the African human rights system CONCLUSION TO PART II PART III A HUMAN RIGHTS CONCEPT OF FEMICIDE AND STATE RESPONSIBILITY 9. Conceptualizing femicide as a human rights violation 10. No more impunity: Femicide and state responsibility 11. Conclusion to Conceptualiziing Femicide as a Human Rights Violation Index
£122.40
Edward Elgar Publishing Ltd Feminist Frontiers in Climate Justice: Gender
Book SynopsisFeminist Frontiers in Climate Justice provides a compelling demonstration of the deeply gendered and unequal effects of the climate emergency, alongside the urgent need for a feminist perspective to expose and address these structural political, social and economic inequalities. Taking a nuanced, multidisciplinary approach, this book explores new ways of thinking about how climate change interacts with gender inequalities and feminist concerns with rights and law, and how the human world is bound up with the non-human, natural world.With contributions from leading scholars in law, feminism, human rights and politics, this book considers how equality is conceptualised experienced and used in policies, law and practice that are integral to climate justice. Chapters reveal how international and national policy and legal frameworks fall short on gender equality and climate justice. Overall, the book demonstrates that the climate crisis demands an ambitious and transformative approach to equality, including developing feminist ideas of care and social reproduction, to reconstruct law and policy towards a more just world for all.This ground-breaking book will be essential reading for scholars across many areas of law including environmental law, human rights, public international law, law and gender, and law and development. Its discussion of the international framework alongside in-depth casestudies and assessments of women’s mobilization strategies will also be highly relevant to social scientists, officials in international organizations, policymakers, lawyers and activists.Trade Review‘Hearty congratulations to the authors of Feminist Frontiers in Climate Justice for exposing the gender discriminatory dimensions of climate injustices. The best way to honor this book is to read it and ask how we can bring feminist perspectives to the development of mitigation and adaptation strategies necessary to achieve climate justice.’ -- Rebecca Cook, University of Toronto, CanadaTable of ContentsContents: Introduction – Feminist Frontiers in Climate Justice: Rights, climate change and gender equality 1 Cathi Albertyn, Helena Alviar García, Meghan Campbell, Sandra Fredman and Marta Rodriguez de Assis Machado 1 The inequality of climate change and the difference it makes 17 Shreya Atrey 2 A critical evaluation of inter-generational equity and its application in the climate change context 40 Kate Wilkinson Cross 3 A feminist critique on gender based violence in a changing climate: Seeing, listening and responding 68 Rowena Maguire 4 A greener CEDAW: Adopting a women’s substantive equality approach to climate change 90 Meghan Campbell 5 The world of work: A green and feminist future? 116 Sandra Fredman 6 Radical connectedness: Reproductive rights, climate justice and gender equality 138 Cathi Albertyn 7 Gender equality and climate change in plural legal contexts: A critical analysis of Kenya’s law and policy framework 165 Patricia Kameri-Mbote and Nkatha Kabira 8 Climate change and gender in Colombia: Exploring female led struggle in the flower industry 188 Helena Alviar García and María Carolina Olarte-Olarte 9 The value of litigation to women environmental human rights defenders in South Africa 213 Lisa Chamberlain 10 ‘Grass in the cracks’: Gender, social reproduction and climate justice in the Xolobeni struggle 246 Beth Goldblatt and Shireen Hassim 11 Indigenous women against Bolsonaro’s government in Brazil: Resisting right-wing authoritarianism and demanding climate justice 268 Marta Machado, Denise Vitale and Danielle Rached Index
£115.00
Edward Elgar Publishing Ltd Gender and Human Rights: Expanding Concepts
Book SynopsisThis unique book analyses the impact of international human rights on the concept of gender, demonstrating that gender emerged in the medical study of sexuality and has a complex and broad meaning beyond the sex and gender binaries often assumed by human rights law. Ekaterina Yahyaoui Krivenko skilfully illustrates the dynamics within the field of human rights which hinder the expansion of the concept of gender and which strategies and mechanisms allow and facilitate such an expansion. Gender and Human Rights surveys the development of human rights from the creation of the United Nations up to the present day and discusses key examples of the prohibition of violence and the regulation of culture and family in the context of human rights. This multidisciplinary study also incorporates additional perspectives from medical science, feminism and queer theory.This concise yet engaging book will be a valuable resource for scholars, students and activists working at the intersection of gender law and human rights law, providing a critical overview of the topic alongside strategies for future growth.Trade Review'Yahyaoui Krivenko's compelling analysis reveals just how structurally embedded international human rights law's (mis)understanding of gender, as male/female duality and biological fact, is. This not only restricts law's capacity to fully comprehend how gender hierarchies impact on the enjoyment of human rights, but also implicates human rights law itself in perpetuating gendered harms. Yahyaoui Krivenko's call for disrupting this damaging gender script, and the openings she identifies as places to start, present a challenge to us all.' -- Dianne Otto, The University of Melbourne, AustraliaTable of ContentsContents: 1. Introduction 2. Gender and its complexities 3. Human rights and gender: the first stage 4. Feminist approaches, gay and lesbian studies, queer theory: their engagement with gender and human rights 5. Human rights and gender: the second stage 6. Successes and challenges: right to be free from violence 7. Successes and challenges: culture and human rights 8. Successes and challenges: family and human rights 9. General conclusions Index
£22.95
Boydell & Brewer Ltd State, Law and Gender: Debating the Age of
Book SynopsisA critical analysis of marriage law in India from the late nineteenth to early twentieth century In State, Law and Gender, Shreya Roy highlights how Indian law has been implicated in women's subordination. It explores the ideological expectations that underpin women's legal regulation, as well as the traditions in which law subjugates women - the multifaceted and elusive ways wherein law validates profoundly gender-based suppositions, relationships, and characters. The book demonstrates that the correlation of moral precepts and legal norms is associated with the broader history of the age of marriage of girls in India, and it has also shown how history includes diverse alternatives to understanding and addressing the problem of child marriages that do not rely on liberal legal frameworks. The book critically analyzes and evaluates the social and legislative history of the period focusing particularly on three significant pieces of legislation - Act III of 1872, the Age of Consent Act of 1891, and the Child Marriage Restraint Act of 1929. It traces the history of the legal changes related to the age of marriage in India after Independence, and links this issue with the present-day concern and the Government's initiative for raising the age of marriage of girls.Table of ContentsList of Tables Acknowledgements Abbreviations Introduction 1. Hindu Women, Social Reform and Marriage in Nineteenth- and Early Twentieth-Century India 2. Marriage and the Law: Brahmos and the Act III of 1872 3. Debates in History, Debates on History: Age of Consent Act of 1891 and the Issue of Child Marriage in India 4. The State, Age of Marriage and the Question of Social Legislation: The Sarda Act of 1929 5. Contemporary Concerns on the Age of Marriage Conclusion Glossary Bibliography Index
£96.13
Edward Elgar Publishing Ltd Gender, Alterity and Human Rights: Freedom in a
Book Synopsis'Long admired for her pioneering work on gender, neo-liberalism and human rights, in this volume Ratna Kapur builds on that scholarship to offer a bold and wide ranging set of arguments that will add immensely to the many current debates about human rights and their efficacy in this age of inequality. Kapur' s trenchant critique of rights and her vision of an alternative to the liberal concept of freedom offer strikingly original arguments that make this an indispensable volume for all who are interested in the future of human rights.'- Tony Anghie, National University of Singapore and University of Utah, US'Gender, Alterity and Human Rights: Freedom in a Fishbowl is located within the best of critical theory traditions - thinking and rethinking orthodoxies around sexuality, rights and freedoms. Kapur not only deploys a late Foucauldian rethinking of freedom, but inherits the very spirit of intellectual engagement - of ''shak(ing) up habitual ways of working and thinking, dissipate(ing) conventional familiarities, to reevaluate rules and institutions'' (Foucault). It is a compelling, provocative read that will make its readers rethink what they think they already know.'- Brenda Cossman, University of Toronto, Canada'Ratna Kapur is one of the most important international legal scholars working today. Gender, Alterity and Human Rights is brilliant, provocative and ground breaking - I cannot think of any other book published today that centers radically 'other' approaches to political and ethical agency as the epistemological anchor for analysis of international law. She advances this ambitious new ground by showing how dominant approaches to human rights and feminism are themselves invested in political subjectivities and agendas that seek to redeem international law and authorize global governance. With theoretical rigor and a radical sensibility, she quarries through material as diverse as human rights case law and Sufi poetry to excavate the plurality of ways in which freedom is envisioned, challenged and inhabited.'- Vasuki Nesiah, New York University, USHuman rights are axiomatic with liberal freedom. This book builds on the critique of this mainstream and official position on human rights, drawing attention to how human rights have been deployed to advance political and cultural intents rather than bring about freedom for disenfranchised groups. Its approach is unique insofar as it focuses on queer, feminist and postcolonial human rights advocacy, exposing how such interventions have at times advanced neo-liberal agendas and new forms of imperialism, and enabled a carceral politics rather than producing freedom for their constituencies. Through a focus on campaigns for same-sex marriage, ending violence against women, and the Islamic veil bans in liberal democracies, human rights emerge as forms of governance that operate through normative prescriptions, which bind even as they purport to free, and establish a hierarchy of the human subject: who is human and who is not; who qualifies for rights and who does not. This book argues that the futurity of human rights rests in a transformative engagement with non-liberal registers of freedom beyond the narrow confines of the liberal fishbowl. This book will have a global appeal for students and academics concerned with international and human rights law, jurisprudence, critical legal theory, gender studies, postcolonial studies, feminist legal theory, queer theory, religious studies, and philosophy. It will appeal to political activists and policymakers in the global justice arena concerned with the freedom of disenfranchised groups, human rights, gender justice, and the rights sexual and religious minorities.Trade Review‘In her book Gender, Alterity and Human Rights: Freedom in a Fishbowl, Ratna Kapur offers a powerful critique of human rights and liberal freedom that challenges our certainties of human rights advocacy and critical legal projects. Her book is a must-read for every human rights scholar and legal theorist.’ -- Cara Röhner, International Journal of Constitutional Law‘Ratna Kapur’s Gender, Alterity, and Human Rights: Freedom in a Fishbowl is an intellectual tour-de-force, fluently crossing into the fields of political theory, legal theory, international law, and international relations. The book will be a useful resource for long to come to both scholars and students in the fields of political theory, legal theory, gender and sexuality studies, human rights, and international relations. Its implications are applicable across a wide variety of areas of inquiry, both closely related to and further afield from the direct discussion of human rights from which Kapur constructs a theoretical framework. I would assign it to graduate classes in law, politics, and gender studies, and am likely to continue to revisit the rich text several times in the coming years, both for dialogue with my research work and to think about the vexing problem of acting while escaping liberalisms' unfreedoms.’ -- Laura Sjoberg, Asia Pacific Law Review‘An important contribution to contemporary critical scholarship about human rights and, in particular, scholarship about the consequences of the expanding field of human rights and its offshoots, “gender mainstreaming” and “women, peace and security”.’ -- Sari Kouvo, European Journal of International Law of Freedom‘Ratna Kapur’s latest book Gender, Alterity, and Human Rights: Freedom in a Fish Bowl masterfully tackles a normative claim that has been gaining increasing momentum over the last few decades: the human rights agenda has hit an impasse and needs serious transformation. Kapur writes with the assured confidence of the erudite theorist she is and her voice demands audience.’ -- – Feminist Legal Studies‘In an elegantly written book, Ratna Kapur takes the critique of the human rights project a step further to make a case for alternative registers of freedom and emancipation.’ -- Open Magazine‘Long admired for her pioneering work on gender, neo-liberalism and human rights, in this volume Ratna Kapur builds on that scholarship to offer a bold and wide ranging set of arguments that will add immensely to the many current debates about human rights and their efficacy in this age of inequality. Kapur’s trenchant critique of rights and her vision of an alternative to the liberal concept of freedom offer strikingly original arguments that make this an indispensable volume for all who are interested in the future of human rights.’ -- Tony Anghie, National University of Singapore and University of Utah, US‘How is human freedom pursued and experienced outside the [neo]liberal fish bowl? Courageously defying the critical human rights orthodoxies of nihilism or repair, Kapur catapults from her own ground-breaking analyses of the damage inflicted in pursuit of gender and sexual rights calling for a radical rethinking of human rights advocacy, drawing from non-liberal traditions. She dares us to venture beyond the fishbowl by charting several escape routes offered by alternative non-western, counter-hegemonic epistemologies of freedom which prioritize rigorous self-inquiry, non-dualistic perspectives and inclusive dialogue.’ -- Dianne Otto, Melbourne Law School, Australia‘Ratna Kapur is one of the most important international legal scholars working today. Gender, Alterity and Human Rights is brilliant, provocative and ground breaking – I cannot think of any other book published today that centers radically ‘other’ approaches to political and ethical agency as the epistemological anchor for analysis of international law. She advances this ambitious new ground by showing how dominant approaches to human rights and feminism are themselves invested in political subjectivities and agendas that seek to redeem international law and authorize global governance. With theoretical rigor and a radical sensibility, she quarries through material as diverse as human rights case law and Sufi poetry to excavate the plurality of ways in which freedom is envisioned, challenged and inhabited.’ -- Vasuki Nesiah, New York University, USTable of ContentsContents: Prologue Introduction 1. Liberal Freedom in a Fishbowl 2. Precarious Desires and the Pursuit of Rights 3. Freedom, Women’s Rights and the Rise of the Sexual Security Regime 4. Alterity, Gender Equality and the Veil 5. Despair, Redemption and the Turn Away from Human Rights 6. Seeking Freedom through Alternative Registers 7. Freedom from the Fishbowl Epilogue Bibliography Index
£23.95
Boydell & Brewer Ltd Married Women and the Law in Premodern Northwest
Book SynopsisFresh approaches to how premodern women were viewed in legal terms, demonstrating how this varied from country to country and across the centuries. There has been a tendency in scholarship on premodern women and the law to see married women as hidden from view, obscured by their husbands in legal records. This volume provides a corrective view, arguing that the extent to which the legal principle of coverture applied has been over-emphasized. In particular, it points up differences between the English common law position, which gave husbands guardianship over their wives and their wives' property, and the position elsewhere in northwest Europe, where wives' property became part of a community of property. Detailed studies of legal material from medieval and early modern England, Wales, Scotland, Ireland, Ghent, Sweden,Norway and Germany enable a better sense of how, when, and where the legal principle of coverture was applied and what effect this had on the lives of married women. Key threads running through the book are married women'srights regarding the possession of moveable and immovable property, marital property at the dissolution of marriage, married women's capacity to act as agents of their husbands and households in transacting business, and married women's interactions with the courts. Cordelia Beattie is Senior Lecturer in Medieval History at the University of Edinburgh; Matthew Frank Stevens is Lecturer in Medieval History at Swansea University Contributors: Lars Ivar Hansen, Shennan Hutton, Lizabeth Johnson, Gillian Kenny, Mia Korpiola, Miriam Muller, S.C. Ogilvie, Alexandra Shepard, Cathryn Spence.Trade ReviewAn important starting point for anyone who wants to understand regional variation, chronological change, and the relation between learned law and pragmatic legal processes relating to women and their economic roles. * THE MEDIEVAL REVIEW *A nuanced, engaging volume, well worth the attention of economic, social, and gender historians alike. * . *This excellent collection is important reading for any student interested in the intersections of legal identity, marital status, and economic power. * MEDIEVAL FEMINIST FORUM *This collection makes an outstanding contribution to the field. * WOMEN'S HISTORY REVIEW *Table of ContentsIntroduction: Uncovering Married Women - Cordelia Beattie and Matthew Frank Stevens When Two Worlds Collide: Marriage and the Law in Medieval Ireland - Gillian Kenny Inheritance, Property and Marriage in Medieval Norway - Lars Ivar Hansen Spousal Disputes, the Marital Property System, and the Law in Later Medieval Sweden - Mia Korpiola Married Women, Crime and the Courts in Late Medieval Wales - Lizabeth Johnson Peasant Women, Agency and Status in Late Thirteenth- and Early Fourteenth-century England: Some Reconsiderations - Miriam Muller London's Married Women, Debt Litigation and Coverture in the Court of Common Pleas - Matthew Frank Stevens Married Women, Contracts and Coverture in Late Medieval England - Cordelia Beattie Property, Family and Partnership: Married Women and Legal Capability in Late Medieval Ghent - Shennan Hutton 'For His Interest'?: Women, Debt and Coverture in Early Modern Scotland - Cathryn Spence The Worth of Married Women Witnesses in the English Church Courts, 1550-1730 - Alexandra Shepard Married Women, Work and the Law: Evidence from Early Modern Germany - Sheilagh Ogilvie
£76.00
Les Presses de l'Universite Laval Too Few to Matter: Institutional Inertia in the
Book SynopsisIn 2010, Correctional Service Canada closed two decrepit prisons designated for men. Hoping to reduce prison overcrowding, the Québec government rented one of them—the Leclerc prison—and transferred approximately 250 male prisoners serving a provincial sentence. One year later, Québec closed its main provincial prison designated for women, and swiftly transferred the women to the Leclerc prison where men were housed. At Leclerc, women endured dehumanizing conditions condemned by scholars, advocacy groups, and the media as violations of basic human rights. Challenging living conditions enduring at the Leclerc prison suggest that women’s imprisonment is resisting significant change despite studies and governmental inquiries since the middle of the 19th century having documented the dire situation, and the specific needs of imprisoned women in Canada. This book proposes a critical rereading of women’s penal history in Canada and argues that policies and practices regarding women’s prisoning are path dependent and tend to follow a locked-in trajectory.
£27.20
Taylor & Francis SexPositive Criminology New Directions in Critical Criminology
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£128.25
Taylor & Francis SexPositive Criminology New Directions in Critical Criminology
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£37.99
Taylor & Francis Ltd Sexual Moralities in France 17801980 New Ideas on the Family Divorce and Homosexuality An Essay on Moral Change 3 Routledge Library Editions History of Sexuality
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£104.50
Taylor & Francis Ltd The Istanbul Convention Domestic Violence and Human Rights
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£43.99
Taylor & Francis Ltd Womens Rights and Law Codes in Early India 600 BCE570 ACE
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£128.25
Taylor & Francis Ltd Law Women Judges and the Gender Order
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£128.25
