To mark International Women’s Day the Research Group for Law, Gender and Sexuality at Westminster Law School held an evening conversation on 10 March 2016 on Women and Asylum. Speakers working in different areas of the asylum system shared their insights and experiences with an audience of staff, students, activists and other visitors. Harriet Samuels chaired the conversation and the speakers were Princess Chine Onyeukwu, Debora Singer, Priya Solanki and Zoe Harper. This article is an edited extract from the transcript (...) of the presentations and wide-ranging discussion, including the question and answer session. The discussion focused on the different steps in the refugee determination process and considered, in particular, the gendering of credibility and how women’s perceived lack of credibility has a significant impact on determinations and processes. (shrink)

This paper provides a revisionist account of the authority and power of the criminal mugshot. Dominant theories in the field have tended to focus on the ways in which mugshots have been used as a way of disciplining criminal bodies and rendering them docile. It is argued here that additional emphasis could usefully be placed on stories of resistance in which the monological production site of the prison or police station transforms into a dialogical site, in which the objects of (...) police photography can acquire agency. These issues are explored with particular reference to a set of photographs of English suffragettes acquired by the police for surveillance purposes. The suffragette’s refusal to comply with requests to have their photographs taken is used as a case study through which to examine the ways in which conventions about the form of the mugshot can be subverted, ideas about the types of people who were the object/subject of mugshots disrupted and the assumption of documentary neutrality undermined. (shrink)

In the last few years, many countries have introduced laws combating the phenomenon colloquially known as ‘revenge porn’. While new laws criminalising this practice represent a positive step forwards, the legislative response has been piecemeal and typically focuses only on the practices of vengeful ex-partners. Drawing on Liz Kelly’s pioneering work, we suggest that ‘revenge porn’ should be understood as just one form of a range of gendered, sexualised forms of abuse which have common characteristics, forming what we are conceptualising (...) as the ‘continuum of image-based sexual abuse’. Further, we argue that image-based sexual abuse is on a continuum with other forms of sexual violence. We suggest that this twin approach may enable a more comprehensive legislative and policy response that, in turn, will better reflect the harms to victim-survivors and lead to more appropriate and effective educative and preventative strategies. (shrink)

This article ties together two different sources related to the Trial of Pussy Riot in Russia in 2012. On the one hand, I consider legal documents, such as court proceedings, police reports, and the sentence. On the other, I analyse a life-history interview with one of the accused, thus giving her a voice that is not mediated by juridical institutions within criminal law procedure. This allows an analysis of two different subject positions produced by these texts: a conformist citizen and (...) a feminist activist-citizen. I pay more attention to the latter. I conclude that in order to retain an activist position, the feminist subject has no option but to resist. (shrink)

This interview reconsiders Donna Haraway’s Cyborg Manifesto 21 years after it was first published. It asks what has become of the three boundary breakdowns around which the Manifesto was structured - those between animals and humans, animal-humans and machines, and the ‘physical and non-physical’. Against this backdrop, this interview examines the connection between the Cyborg Manifesto and Haraway’s more recent writings on companion species, along with what it means to read or write a ‘manifesto’ today. Recent notions of the ‘posthuman’ (...) are also placed into question. (shrink)

Since the last issue of Feminist Legal Studies, we editorial board members have had lots of conversations about comfort, displacement and alienation. As we developed the programme for #FLaK2016 we thought about it as a kind of pulling ourselves out of our comfort zone, if academic events and journals ever have a comfort zone. Drawing on a mix of feminist live performance methods and a science and technology studies-type curiosity for objects of experimentation, we tried out a kitchen table method (...) of hosting a live research conversation with activists, artists and academics over two days. But we had not fully anticipated the way that the Brexit result would contribute to and complicate discomfort. A fuller analysis of FLaK awaits a later moment, but here we pick out this one aspect of our gathering—feelings of discomfort – as they animate the contributions to this issue in interesting ways. (shrink)

The contributors to this issue focus on legal internationalism, including hybrid mixes with nationalist forms. They have provoked us as editors to think more about these sites and forms of engagement. Sankey shows how civic participation in the ECCC has played a key role in surfacing the gendered harms of separation and starvation. Turan highlights the problems with ICC exclusion of the experience of men and boys from sexual violence. Peroni expresses her hesitations over the Istanbul Convention given an association (...) between assumed vulnerability and migrant women, while admiring its uncoupling of violence and culture. Cruz’s interview with Wendy Brown contextualizes and expands on these themes as they consider, with other participants, the future of feminist theory in the context of neo-liberal capturing of rights and legal space. Thinking more about internationalism and commitment in this context also helps us hold a mirror up to ourselves as we reflect more critically on our own naming of FLS as an ‘international’ journal. Together these contributions, and the reviews of new work, play a role in fleshing out an editorial commitment to enacting the journal as a living thing that ‘hangs together somehow’ even as it is known differently in different places. (shrink)

This editorial explains the themes of the forthcoming FLaK seminar and how those themes draw on the collective and individual contributions of the articles, interviews and commentaries presented in this issue. At FLaK, we propose to think with others about the kind of ‘kitchen table’ that FLS might provide into the future. How might feminist legal studies—the approach and the journal—best use its food, equipment, techniques, time, space, mood, energy and commitment? How shall FLS scholars and associates make the most (...) of what we have in a room that can sometimes be confining and confusing, yet also exciting and sustaining? How do others engage with the processes and products of our kitchen table? In considering these issues and more, we propose to draw reflexively on feminist legacies of praxis, internationalism and openness, as we stock up and critically reflect on decolonizing techniques, legal know-how, protest and publishing practices. (shrink)

Feminist transitional justice has greatly contributed to the study of justice in the ruins of war, notably around prosecuting wartime rape. At the same time, scholars have observed limitations to this research agenda such as externally-driven definitions gendered harms and how to address them. This paper explores two novel areas for feminist TJ research: ‘everyday gendered harms’ and customary justice. Based on a three month field study of baraza, a customary justice mechanism in parts of South Kivu, Democratic Republic of (...) Congo, I explore three cases of ‘everyday’ harms against women: domestic violence, polygynous relationships and witchcraft. Through a substantive examination of these baraza cases, I highlight how studying the contextualised functioning of customary justice mechanisms provides new insights into different areas of feminist TJ scholarship, including women’s participation in the transition, justice for harms against women, and advancing gender equality. Additionally, this paper adds to the broader TJ literature by engaging with local TJ needs as they pertain to people’s everyday life in transition. (shrink)

If how the state is imagined shapes social and political action, the politics of state imagining provides an important site for progressive reflection. Arguing that conceptual approaches which support critique may not necessarily prove the best frameworks for supporting change, this article takes a left poststructuralist conception as its starting point to explore the place of conflicting interests, beliefs and affect in the make-up of the state and in shaping its enactment within civil society. Seeking to re-imagine state form in (...) a way that enhances the state's relevance for progressive politics, the paper moves between (i) conservative Christian refusal to provide gay people with a service, as public sector staff and guesthouse owners; and (ii) feminist work in embodiment studies and on the intimate/impersonal, with its ways of thinking about, and imagining, a state that is oriented to encounters, dissonance, tension and change. (shrink)

If something is to stay in the memory, it must be burned in: only that which never ceases to hurt stays in the memory. Friedrich Nietzsche.

In conversation with Marilyn Strathern’s work on kinship and especially on metaphors of intellectual and reproductive creativity, this paper provides an analysis of plagiarism not as a violation of intellectual property but of the kinship relationships between author, work, and readers. It also analyzes the role of figures of kidnapped slaves and children in the genealogy of the modern concept of plagiarism.