Legal theorists are familiar with John Finnis's book Natural Law and Natural Rights, but usually overlook his interventions in US constitutional debates and his membership of a group of conservative Catholic thinkers, the 'new natural lawyers', led by theologian Germain Grisez. In fact, Finnis has repeatedly advocated conservative positions concerning lesbian and gay rights, contraception and abortion, and his substantive moral theory derives from Grisez. Bamforth and Richards provide a detailed explanation of the work of the new natural lawyers within (...) and outside the Catholic Church - the first truly comprehensive explanation available to legal theorists - and criticize Grisez's and Finnis's arguments concerning sexuality and gender. New natural law is, they argue, a theology rather than a secular theory, and one which is unappealing in a modern constitutional democracy. This book will be of interest to legal and political theorists, ethicists, theologians and scholars of religious history. (shrink)

Sexual and reproductive health is a challenge worldwide, and much progress is needed to reach the relevant UN Sustainable Development Goals. This paper presents cross-sectional data collected in Sierra Leone on sexual and gender-based violence, family planning, child, early and forced marriage, and female genital mutilation using an innovative method of measurement: situational judgment tests, as a subset of questions within a larger survey tool. For the SJTs, respondents saw hypothetical scenarios on these themes and had to indicate how they (...) would react. The objective is to give an impression of beliefs and norms on specific behaviors, which provide insights for social and behavior change interventions. Data was collected by enumerators traveling to villages randomly selected in six districts of the country. The sample is composed of 566 respondents. Results show that FGM in particular seem to be a priority topic, in comparison to the other topics for which the norms seem to be stronger against those practices. Age differences emerged and suggest priority groups to be targeted. In terms of validity of the measurement methods, situational judgment test answers correlated positively with other items in the survey, but the magnitude of the association is often small, and sometimes not significant. Thus, more studies are needed to further explore the validity of this measure by comparing against a reference value. Using SJTs could complement other data collection tools to perform community assessment, and orient the direction of the program in its planning phase. (shrink)

This article endeavours to open up a dialogue between succession law and the field of gender, sexuality and the law. It presents a detailed analysis of five cases concerning inheritance disputes relating to lesbians or gay men. The sexuality of the parties in the cases is ‘doctrinally irrelevant’ but the analysis demonstrates the significance of sexuality in the resolution of the legal disputes. In doing so it identifies how legal discourse remains a critical site for the production (...) of societal norms and in particular how lesbian and gay perspectives reveal the gendered assumptions underlying a number of key succession law doctrines. It emphasises the importance of taking difference seriously and the limits to formal legal equality. (shrink)

Analysing sexual harassment law in British Columbia, this paper argues that in highly sexualised work environments, in which practices including sexual ‘jokes’ or innuendo may be common, law embodies and (re)creates the gendered subtext of the workplace. When a complaint of sexual harassment from a sexualised workplace is raised in a legal forum, a complainant has an obligation to clearly object to the sexual remarks, ‘jokes,’ banter, etc.—which may be the ‘norm’—to show the conduct in question was unwelcome. At the (...) same time, however, a workplace may be structured, in part by law, in a way that restricts employee resistance to uncomfortable sexual experiences. This is the case, I argue, for women working in full-service restaurants when it comes to sexual interactions with customers. This paper explores how restaurant work, in the Canadian context with a focus on the province of British Columbia, is organised in a manner that makes women vulnerable to enduring sexually harassing practices as a routine part of their jobs. (shrink)

International criminal law (ICL) has traditionally overlooked sexual and gender-based violence (SGBV) and struggles to understand it. Prosecutions have been largely inefficient and not reflective of gender harms. The Rome Statute requires interpreting SGBV as a social construction (article 7(3)), in consistency with international human rights law (IHRL) and without discrimination (article 21(3)). There is, however, little guidance to implement these approaches. This article argues that intersectionality, an IHRL-based approach that reveals compounded discrimination, is an efficient tool to interpret SGBV (...) and, therefore, should be integrated in ICL. The article traces the origins of intersectionality in feminism and its recognition by IHRL dealing with violence against women. It establishes the applicability of intersectionality in ICL that it demonstrates with a comparative analysis of the Lubanga and Ntaganda cases. The findings show that intersectionality suits ICL’s specific needs which allows labelling and explaining some of those contributions throughout the judicial process. (shrink)

The papers in the following section arose from a roundtable discussion organised by the AHRC Research Centre for Law, Gender and Sexuality, titled ‘Law, Gender and Sexuality: The Making of a Field’. Participants in the roundtable were asked to reflect on the challenges confronting law, gender and sexuality (LGS) as an area of research and scholarship, and to ask what benefits, possibilities, risks and dangers accompany the establishment of a research terrain. The papers address such questions as (...) ‘what is a field and how is it made?’; ‘has LGS attained the status of a field?’; ‘what does it mean to locate oneself within the field of LGS?’; and ‘what is the relationship between feminism and LGS?’. They also consider possible future directions for the field of LGS. Together, the papers provide a variety of differing, and sometimes conflicting, perspectives on the developing body of intellectual and political activity that might be labelled ‘law, gender and sexuality’. (shrink)

This article makes a conceptual contribution to the broader literature on unfree labour by challenging the separate treatment of sexual and industrial labour exploitation both by researchers and in law and policy. This article argues that the prevailing focus of the supply chain literature on industrial labour has inadvertently posited sexual labour as the ‘other’ of industrial labour thus obfuscating how the legal blurring of boundaries between industrial and service labour is engendering new modalities of the erosion of workers’ rights (...) that are increasingly resembling those typical of sex work. This article advances the debate on unfree labour both conceptually and empirically. Conceptually, it highlights the relevance of social reproduction in understanding forms of labour unfreedom. Empirically, it demonstrates the similarities in forms of control and exploitation between sex work and industrial work by illustrating how debt and housing operate in both settings. (shrink)

The language and ideals of Greek political life identified citizenship with manliness. Plato saw this engendering of politics as a threat to the unity, stability, and excellence of a city, for the unmoderated manliness of actual cities, he claimed, fosters bigoted patriotism, female dissipation, and unnatural vice. Moreover, these cities' civic pieties could not match the egoistic appeal of tyranny, for the Greek ideal of masculinity itself points to tyranny as the most manly life. ;Plato's project, as I will argue (...) through a study of the Republic and the Laws, is to harness spirit and desire to reason in order to rescue cities from these tragedies of engendered politics. Such a rationalization requires a proper understanding of the "male" passions and their subjugation to a disgendered reason. Plato argues not only that the engendered politics of Greek cities treats women unjustly, but also that by excluding females and the feminine these cities make their male citizens vicious and unhappy. ;Since Plato apparently contradicts the egalitarian views of the Republic in his later dialogue, the Laws, I aim to recover the single intention behind two political proposals differing widely in detail. Plato's teaching on gender and politics has been subject to a wide variety of criticism in recent years, but both his feminist and anti-feminist interpreters have generally failed to appreciate the thick and profound political psychology which stands behind his radical views on gender and politics. Plato describes both soul and city as complexes of frequently contradictory desires for whom unity of purpose must be achieved. The lives of men and women in actual cities display distinct and apparently incompatible virtues, but the rationalization of politics requires that these virtues be reconciled in a single regime for both soul and city. ;In conclusion, I will argue that arguments for gender justice, that, like Plato's, are founded in a critique of the pretensions of masculinity, provide more powerful arguments for sexual egalitarianism than more "feminist" arguments that attack patriarchy simply as unjust toward women. (shrink)

Proactive policing strategies produce a range of harms to African Americans in poor urban communities. We know little, however, about how aggressive policing is experienced across gender by adolescents in these neighborhoods. The authors argue that important insights can be gained by examining the perspectives of African American youths and draw from in-depth interviews with youths in St. Louis, Missouri, to investigate how gender shapes interactions with the police. The comparative analysis reveals important gendered facets of African American adolescents' experiences (...) with and expectations of law enforcement. Young men described being treated routinely as suspects regardless of their involvement in delinquency and also reported police violence. Young women typically described being stopped for curfew violations but also expressed concerns about police sexual misconduct. This study highlights the differential harms of urban policing for African American young women and men and highlights the need for systematic attention to the intersections of race and gender in research on criminal justice practices. (shrink)

As a political movement inspired by a belief in fundamental equality and committed to eradication of embodied injustices, feminists have illuminated the politics of exclusion—the use of law and policy to grant rights, opportunities, privileges, and immunities to particular elite men while denying them to marginalized others. With the theorization of gender as an analytical category, feminist scholars have investigated how manifold policies have discursively produced hierarchies of citizenship structured by gender, race, and sexuality. This chapter provides an overview (...) of feminist contributions to policy studies, including key critiques of mainstream policy scholarship, an examination of feminist policy interventions and their mixed results ranging from attempts to eradicate sex discrimination in law and policy, the creation of women’s policy agencies, and the shift to gender mainstreaming. The chapter concludes with a discussion of the politics of equality, comparing nondiscrimination and equal opportunity approaches with structural and substantive conceptions of equality. (shrink)

Criminalization is a form of social marginalization that is little appreciated as a determinant of poor health. Criminalization can be understood in at least two ways — in the narrow sense as the imposition of criminal penalties for a certain behavior, and more broadly as the conferral of a criminalized status on all individuals in the population, whether proven guilty of a specific offense or not. Both criminal penalties and criminalized status threaten the mental and physical health of these populations (...) in many ways. Incarceration, abandonment by families and communities, social disdain, physical abuse, discrimination, and relentless fear undermine their ability to enjoy their right to the highest attainable standard of health goods and services. Understanding the social determinants of health in these populations and formulating programs to address them have rarely been high priorities in national or international policy. (shrink)

This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...) worldwide phenomena, the international scholarly literature reflects limited awareness of these developments in Canadian law. This article remedies that gap in the literature. The Canadian experience with the definition of sexual consent as communicated “voluntary agreement” demonstrates the value of this conceptualization of consent; the definition provides a well-defined set of nondiscretionary reference points for legal analysis of the facts in sexual assault offenses. The effect is to facilitate effective enforcement of the sexual assault laws and affirm the right to sexual autonomy, sexual self-determination, and equality, consistent with fundamental principles of individual human rights. For all these reasons, familiarity with the Canadian experience may be useful to those engaged with the reform of rape and sexual assault laws in other jurisdictions. (shrink)

In 2017, more than one billion females needed protection from sexual violence by a private accomplice, while an expected 1.5 billion were without lawful assurance against sexual harassment at work. While there is tremendously justified consideration on finishing violence, the regions of family equity and corrective equity, among others, have been moderately ignored. Around the planet, oppressive normal practices, and laws, compounded by numerous layers of inconvenience – because of neediness, nationality, inability, topography, and transient status – stay amazing obstructions (...) to rise to rights and openings for countless ladies. Today, the world faces the critical assignment of quickening progress. The security of females and their financial, political and social status in Pakistan are obstructed by lethargic state establishments, unfair enactment, and rigid social inclinations; their occupations and lives are also destabilized by savage radicalism. Despite the fact that, Admittance to value for everything is a fundamental litmus preliminary of quiet, just, and far-reaching social orders and a sine qua non extensive correspondence, essential freedoms, and reasonable unforeseen development. Across for the globe, Females' requests for responsibility for infringement and misuses have acquired more prominent consideration than at any other time. This is a turning point for gender equality, with missions and developments overall like MeToo, NiUnaMenos and SheDecides, with ladies' walks, neighborhood and public level unsettling, and numerous legislatures and partnerships underlining their obligation to change. These developments have uncovered the persevering divergence between the guarantee of equity and the real factors on the ground, at home, in networks and in the working environment. Females keep on confronting legitimate separation, inconsistent lawful securities, and lopsided execution of existing protections. (shrink)

Recent rape law reform is most saliently characterised by a turn to gender neutrality in its definition of the crime of rape. The few possible advantages of a gender neutral approach to rape are offset by a series of disadvantages regarding gender justice when viewed from a feminist perspective. Formal gender neutrality does not safeguard against the effective influence of pervasive and enduring symbolic constructions pertaining to male and female sexuality and of a normalised hierarchical binary constructed between the (...) two sexes, in particular where sexual relations are concerned. Such efficacy may impede justice for both male and female victims of rape. The question about the place of sexual difference or rather sexual specificity within feminist theories of justice should be considered anew in light of this critical analysis of gender neutrality in rape law. (shrink)

Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, and discusses the constitutional gender order as it has been shaped (...) by debates such those around same-sex marriage and the rights of trans persons. Covering a wide range of themes, from reproductive rights to political gender quotas and violence against women, this book offers a comprehensive feminist account of constitutional law. Truly international in scope and ambitious in subject matter, this is an invaluable resource for students and scholars working on gender within multiple disciplines. (shrink)

This article argues for the necessity of recognising the collective rights-holding status of ‘sexual and gender minorities’ (SGMs) by examining the limits of the discourse concerning sexual orientation and gender identity in international law. I consider both symbolic interactionism and queer theory, which are critical of the assumption that everyone subscribes to a gender and a sexual identity. The theorisation proposed here accounts for not only people who possess a relatively stable identity, but also people whose situations are not conclusively (...) characterised but still require recognition justice. Not equating SGMs to LGBTI populations, I contend that the use of the term ‘SGMs’ should capture the sociocultural dynamics of the way in which one is made a ‘minority’. In light of the variations regarding sexual and gender norms in diverse contexts, SGMs are conceptually useful to accommodate differential experiences of nonconformity with the normative. (shrink)

Norm entrepreneurs have made significant strides in advancing sexual orientation and gender identity resolutions at the UN Human Rights Council. However, these advancements are being fiercely contested. This paper examines the development of SOGI at the Council including how states advocate for and contest SOGI and the extent to which their positions are mutable. Resolution 32/2 of 2016, which created an independent expert, is the central focus of the paper. Participant interviews and content analysis of documents and statements are used (...) to provide an in-depth analysis of how states advocate their positions on SOGI. The paper finds that framing is the primary tool used by states. Both proponents and opponents of SOGI believe their own positions are universal and adhere to prior international law, while their opponents’ positions are relativist and revisionist. The paper further finds that deadlock on SOGI resolutions is imminent until Member States’ domestic legislation changes. (shrink)

The political articulation of sexual violence, as legally understood today, took place in India from 1970s onward. In succeeding decades, its definition broadened, positioning it in contexts of caste-based violence, of violence against women at workplaces, and of custodial violence. The Delhi gang rape case, in 2012, introduced another set of political and legal articulations, simultaneously revealing the very politics around them. This paper begins by tracking these phases and definitions, to emphasize one area where such violence has been vocalized (...) the most in recent years, i.e. institutes of higher education in India. Legal codes in this context, carry grave contradictions. Beside, altogether different interpretation occurs when these are applied within institutes of higher education via bureaucratic channels. Recorded cases have shown presence since 2013, except in some regions which appear in negligible measure. Therefore, alongside tracing the historical journey of political articulations of sexual violence in institutes of higher education, this paper takes the case of Raipur city, in the state of Chhattisgarh located in the central-eastern part of India, which has negligible presence in sexual violence crime records in the context of higher educational institutes. Based on a close reading of legal texts, and field visits conducted across institutions in Raipur between 2020–2022, I argue that the limitation of law in combating gender violence, appears not when it is neglected, but often when it is consciously reinterpreted against minority communities, despite claiming to protect those very communities. I attempt to reassess the potential of ‘law’ as a tool to combat gender violence, around existing debates around society and law. (shrink)

In the last few years, many countries have introduced (or are proposing to introduce) legislation on ‘conversion therapy’, prohibiting attempts to change or suppress sexual orientation and/or gender identity. This legislation covers ‘aversion therapy’, a form of torture that has already been criminalized in most progressive countries, and also ‘talk therapy’, involving things like counselling, psychoanalysis, and prayer. Focusing on this latter category of practices, I explain what is at stake in the fact that sexual orientation and gender identity have (...) been paired for the purposes of this legislation. I use a particular law reform institute’s approach to this legislation as a case study, and review their literature review in mind to discovering whether they provided sufficient empirical justification for including gender identity in their conversion therapy legislation. I conclude that they did not, and suggest that the pairing of sexual orientation and gender identity may be purely political. (shrink)

In this roundtable discussion, early-career researchers working in the field of law, gender, and sexuality discuss international and trans-national developments to legal gender. ‘The Future of Legal Gender’ research project focused on the legislative framework of England and Wales to develop a prototype for decertification. The domestic legislation, however, was situated within a wider international context throughout the project. This roundtable discussion, therefore, provided an opportunity for reflection on the transnational issues raised by decertification, with a particular focus on (...) developments arising in the jurisdiction(s) studied by the early career researchers. The roundtable began with a brief outline of these recent developments before moving to an open discussion on key themes including the value of reform on wider society, changes on-the-ground by non-state actors, and alternative processes for tackling gender inequalities without certifying legal gender. The online conversation took place on 28 June 2021 and has been transcribed and edited for continuity, clarity, and referencing. (shrink)

In the 5th/11th century in Cairo, Imam Ḥamza, the founder of the Druze faith, abrogated the entire substantive laws, including the Islamic one. And yet, four centuries later, Druze jurists in the mountainous regions of Syria developed their own legal doctrine. This essay explores the evolution of Druzism from an esoteric doctrine according to the Ismāʿīlī vision to a madhhab (doctrinal school of law) using the prism of gender (in)equality. Through a close reading of the Imam’s epistles in the Ḥikma (...) (i.e., the Druze canon of scripture) and Druze law treatises from the 9th/15th century, I show how premodern Druze jurists were influenced particularly by Shāfiʿī and Mālikī law. Although they remained faithful to the strict gender equality articulated in their sacred book, Druze jurists established a gender hierarchy in marriage and permitted wife beating based on Q 4:34. They however expounded an original doctrine of zinā (adultery): despite their construction of femininity as inferior and irrational, and their assumption of women’s intellectual deficiency, Druze jurists considered nonconsensual marriage as well as nonconsensual sex in marriage to be crimes of zinā. I argue that Druze jurists developed rules that enforced sexual equality but simultaneously conformed to their patriarchal vision of society to maintain the social cohesion of their religious community, clans, and extended families, all of which provided local networks for informal conflict resolution. (shrink)

In this paper I examine the presence of rape myths and gender stereotypes, and the norms of sexuality they reflect and reinforce, in Croatian rape laws, as exemplified by the recent practice of the Zagreb County Court. I begin with a general discussion of the gendered myths and stereotypes that have shaped the content and application of the criminal law of rape everywhere. I then briefly introduce the definition of rape under the 1997 Croatian Criminal Code which was in (...) force at the time of my research, after which I proceed to the critical analysis and the assessment of the Zagreb County Court practice. Next, I turn to the changes in the new Criminal Code to see how they address the identified problems. I offer a model of an affirmative consent standard, based on a communicative model of sexuality, which values reciprocal responsibility, communication and mutuality of sexual desire. I argue that this standard has greater potential to challenge rape myths and gender stereotypes and to promote sexual freedom and gender equality. (shrink)

Ratna Kapur’s recent book entitled Erotic Justice proposes a new politics of postcolonialism whereby the sexual subaltern disrupts the normative principles of the universal, liberal, legal domain. Kapur traces legal strategies regarding censorship, sex-work, homosexuality, sexual harassment, trafficking and migration which travel a treacherous path, countering allegations of ‘unIndian’ and Western practice with cultural histories of ‘authentic’ sexual legitimacies, towards a new politics of desire. Kapur frames her analysis through postcolonial feminist theory as providing a tool for feminist struggle, yet (...) distinct from and disruptive of a liberal project of global sisterhood. This review deeply values the role of the sexual subaltern which disrupts the tenets of a linear, progressive liberalism. Drawing upon Indian feminist and Western feminist perspectives, the review considers how the distinct position of the postcolonial sexual subaltern subject informs the generic role of law as a tool constructing relations of domination regarding gender, sexuality, caste, property and religion. Kapur observes that both the West and the Hindu Right have engaged with liberal legal principles. This engagement, I argue, exposes and informs law as a historical and contemporary tool of gendered legal colonialism, for sisters to disrupt across the Western and Eastern terrains. (shrink)

Gender, sexuality and embodiment in digital spheres have been increasingly studied from various critical perspectives: From research highlighting the articulation of intimacies, desires, and sexualities in and through digital spaces to theoretical explorations of materiality in the digital realm. With such a high level of (inter)disciplinarity, theories, methods, and analyses of gender, sexuality, and embodiment in relation to digital spheres have become highly diversified. Aiming to reflect this diversity, this special issue brings together innovative and newly developed theoretical, (...) empirical, analytical, and critical approaches in the study of gender, sexuality, and embodiment in digital spheres. By connecting intersectionality and digitality to one another, it adopts an integrated approach that reflects the intricacy and interconnectedness of social categories and markers of difference, privilege, performance, and discrimination. The contributions explore a range of differently situated digital cultural practices, including intimate and sexual experiences with(in) digital media, online self-presentation, expressions of digital resistance, and forms of backlash and online attacks. What connects all these articles, is their critical approach to intersectional inequalities and privileges in relation to digitality, plus their nuanced perspective on gender, sexuality, and embodiment interferentially. The final article is based on a roundtable discussion and aims to encourage interdisciplinary connections and suggests ways of doing research that builds bridges between academia and activism. (shrink)

U.K. regulation of sexual identity within a marriage context has traditionally been linked to biological sex. In response to the European Court of Human Rights decisions in Goodwin and I.,2 and in order to address the question of whether a transsexual person can be treated as a “real” member of their adoptive sex, the U.K. has recently passed the Gender Recognition Act 2004. While the Act appears to signal a move away from biology and towards a conception of sexual identity (...) based on gender rather than sex, questions of sexual identity remain rooted in medico-legal assessments of the individual transsexual body/mind. In contrast, because transsexual people in some parts of Canada have been able to marry in their post-operative sex since 1990, contemporary debates on the sexual identity of transsexual people in British Columbia and Ontario do not focus on the validity of marriage, and more frequently centre upon the provision of goods and services, in human rights contexts where sex is said to matter. Currently in Canada this is prompting questions of what it means to be a woman in society, how the law should interpret sex and gender, and how, if at all, the parameters of sexual identity should be established in law. This article seeks to compare recent U.K. legal conceptualisations of transsexuality with Canadian law in this area. As human rights discourse begins to grow in the U.K., the question remains as to whether or not gender will become an adequate substitute for sex. (shrink)

This article considers what the implications of decertification would be for single-sex services such as domestic and sexual violence support. Some reform options attached to decertification could (re)allocate authority away from the state to organisations or individuals to determine gender criteria. What would the consequences of such re-allocation be in determining eligibility to receive or access services or excluding people on the basis of a characteristic protected under equality law? Engaging with this in the context of domestic and sexual violence (...) support service provision raises a number of questions. Firstly, does the existence of gender-based violence and/or of the effects it produces require a stable category in order to address them? What benefits may emerge from providing single-sex spaces that could not be replicated in other settings? And finally, what criteria of exclusion and inclusion are currently used to determine access to spaces beyond legal gender status? (shrink)

Researchers have given some attention to women law enforcement officers' experiences and perceptions of sexual harassment. Yet, few studies have determined how the interaction of gender and race affect African American women's perception of this workplace impediment. This article explores one group of women's experiences in a U.S. sheriff's department. Interview data gathered from 65 African American women who are active and former law enforcement officers provide a comprehensive examination of how African American women in nontraditional criminal justice occupations experience (...) racialized sexual harassment. Differences in degree and frequency of harassment are found among the women in different cohorts based on their job tenure, marital status, and the race of their harassers. (shrink)

What does peace mean in today’s world of endless wars? Why has the project of ‘universal peace’, so ardently hoped for by the drafters of the UN Charter in 1945, failed so profoundly? I reflect on these questions through three stories of peace. The first is told by a series of four stained-glass windows in the Peace Palace in The Hague; the second is of the world’s demilitarised zones; and the third of a peace community in Colombia. These stories provide (...) a springboard to reflect on how we might rethink peace in the context of today’s world, drawing on feminist, queer and postcolonial analyses. My discussion exposes the limits of the UN Charter’s approach to peace, and the impossibility of its methods ever achieving ‘universal peace’. The Charter’s reliance on militarism and collective enforcement, as well as its commitment to peace as an evolutionary process, maintain rather than dismantle global hierarchies of domination. I also question the dualism of war and peace, which obscures much of the violence of what we call peace. The task of rethinking peace is urgent. To do so we need to go beyond the worlds we know, beyond the confines of law and the inevitability of quotidian hierarchies of gender, sexuality and race, to invent new methods of peace-making, outside the ‘frames of war’. (shrink)

Preface and acknowledgments -- Prelude -- 1. Gender, sexuality, and meaning: An overview -- Part I. Politics and scholarship: 2. Language and gender -- 3. Feminism in linguistics -- 4. Difference and language: A linguist's perspective -- Part II. Social practice, social meanings, and selves: 5. Communities of practice: Where language, gender, and power all live -- 6. Intonation in a man's world -- 7. Constructing meaning, constructing selves: Snapshots of language, gender, and class from Belten High -- Part (...) III. Constructing content in discourse: 8. The sexual reproduction of meaning: A discourse-based theory -- 9. Prototypes, pronouns, and persons -- 10. What's in a name?: Social labeling and gender practices -- 11. Queering semantics: Definitional struggles -- Coda: 12. Breaking through the 'glass ceiling': Can linguistic awareness help? (shrink)

The teaching of critical race, feminist, and queer theory generally, and of LGBT rights specifically, has developed into a discrete, contested, and politicised area of teaching in English law schools and beyond. While there is some academic discussion on the personal and political significance of ‘promoting LGBT rights’ within law schools, less considered is how ‘LGBT rights’ are shaped by the emotions of legal academics and how these emotions circumscribe what we imagine LGBT rights can and/or should mean in law (...) and critical legal study. To illustrate this dynamic, this paper uses critical race, feminist, and queer scholarship alongside work in the emerging field of Law and Emotion to articulate the ‘emotional grammar’ of teaching a Gender, Sexuality and Law unit at an English law school. Turning to autoethnography, I use my emotional experiences as a methodological tool to explore how emotions co-constitute the pedagogical, political, scholarly, and personal registers of LGBT rights as a descriptive, critical, and normative pursuit. In doing so, I use ‘emotional grammar’ as a novel way to map how emotions structure legal pedagogies invested in pursuing LGBT rights. Emotional grammar illustrates how emotions structure: (1) the articulation of LGBT rights as an object of study in law; (2) the pursuit of law to secure the rights of LGBT people; and (3) the shape of legal critique relating to LGBT rights. (shrink)

MACDONNELL JA. Nursing Inquiry 2011; 18: 313–324 Gender, sexuality and the participatory dimensions of a comparative life history policy studyIn this paper, I explore how a critical feminist lens was a crucial element in creating a participatory policy study which used a qualitative design and comparative life history methodology. This study focused on Canadian nurses’ political practice related to advocacy for lesbian health. Findings show that the combination of the gender lens and life history approach offers potential to create (...) knowledge in ways aligned with health‐promoting and emancipatory outcomes. However, the nature of participation and interaction by researcher and participants is contexualized and contested given complex dynamics of power that shape all aspects of this doctoral study process. The critical feminist lens with its focus on reflexivity informed the content and process of knowledge production in this study and shaped key turning points: the ways in which this policy study was conceptualized, the choice of comparative life history methodology, ethical considerations, data collection and analysis and representation of findings. Life history is unlikely to be the methodology that first comes to mind when undertaking a policy study. Its historical roots are associated with biographical, oral history and narrative approaches, which typically aim to elicit understanding of lived experience. Yet, it was this very aspect, this focus on lived experience, which rendered life history methodology fitting as I contemplated how to examine the relationship between nurses and policy. I was interested in understanding nurses’ political practice, how policy influenced nurses’ capacity to advocate in their everyday lives, as well as nurses’ impacts on policy processes and their larger social worlds. (shrink)

Most mainstream feminist anti-rape scholarship and activism may be described as carceral feminism, insofar as it fails to engage with critiques of the criminal punishment system and endorses law-and-order responses to sexual and gendered violence. Mainstream feminist anti-rape scholars and activists often view increased conviction rates and longer sentences as a political goal—or, at the very least, are willing to collaborate with police and lament cases where perpetrators of sexual violence are given “light” or non-custodial sentences. Prison abolitionists, on the (...) other hand, have tended to insist that most lawbreakers are non-violent and that the “dangerous” are “few”, thus avoiding serious engagement with the widespread phenomenon of sexual violence. Despite the prevalence of carceral feminism, to my knowledge no feminist scholar has explicitly embraced this label, and the closest I have found to a defense of carceral feminism is feminist legal scholar Lise Gotell’s “critique of the critique of carceral feminism”. For this reason, it is with Gotell’s article that I primarily engage in defending anti-carceral feminism and prison abolitionism even in the difficult case of sexual assault. (shrink)

In this article the author argues that men and boys have been historically and structurally rendered an invisible group of victims in international human rights and policy responses towards conflict-related sexual violence stemming from the United Nations. The apparent female-focused approach of instruments on sexual violence is criticized followed by a discussion – through analysis and interviews with legal scholars and champions for the recognition of male survivors’ experiences – of the first ‘emergence’ of male victims in these instruments and (...) key actors involved in this process. The existing serious dichotomy between visible and invisible victims is prominently based on their ‘gender identity’ and leads to structural discrimination of male victims of rape or other forms of sexual violence. To overcome this situation and develop more inclusive instruments, a reconceptualization is needed of the meaning and use of words like ‘gender’ and ‘gender-based violence’. Additionally, a more intersectional approach to sexual violence should be adopted, understanding that victims have a multitude of identities such as ethnicity or religious affiliation that make them particularly vulnerable to suffering. (shrink)

This article examines law’s representation of embodied female identity in the context of two medical law cases, R. v. Human Fertilisation and Embryology Authority, ex parte Blood andB v. Croydon Health Authority. Through an examination of contemporary critiques of female embodiment, in particular the work of Judith Butler, two discursive strategies are suggested for their potential to reconfigure the sexed subject within legal discourse. Firstly, the act of transgression – the flight from purportedly fixed subject positions – can be read (...) in the case of Bloodand calls into question law’s ability to contain and sustain sexed identity as prediscursive and immutable. Secondly, the exposure of the historical formation of the female subjects of legal discourse, demonstrated through a genealogical reading of B v. Croydon Health Authority, contributes to the feminist theoretical project to destabilise traditional gender categories and enables us to think beyond the category of ‘Woman’. (shrink)

This article examines the notion of gender neutrality in rape, its meaning and why rape definitions that include females and males as potential victims of rape have become influential in those jurisdictions that have engaged in significant levels of rape law reform over the last four decades. In so doing, several of Annabelle Mooney’s criticisms of gender neutral rape laws, published in an earlier article, will be critically examined. The second part of this article draws on themes that have been (...) identified in the linguistic analysis of rape trials involving female complainants and applies those themes to two cases of rape and sexual assault involving male complainants. Finally, this article examines whether the tactics used by defence lawyers during cross-examination can be said to be uniquely ‘gendered’ or whether similar tactics exist in cases of male rape and sexual assault. Explanations for possible similarities in treatment are also examined. (shrink)

Despite apparent political concern and action—often fuelled by high-profile cases and campaigns—legislative and institutional responses to image-based sexual abuse in the UK have been ad hoc, piecemeal and inconsistent. In practice, victim-survivors are being consistently failed: by the law, by the police and criminal justice system, by traditional and social media, website operators, and by their employers, universities and schools. Drawing on data from the first multi-jurisdictional study of the nature and harms of, and legal/policy responses to, image-based sexual abuse, (...) this article argues for a new joined-up approach that supports victim-survivors of image-based sexual abuse to ‘reclaim control’. It argues for a comprehensive, multi-layered, multi-institutional and multi-agency response, led by a government- and industry-funded online or e-safety organisation, which not only recognises the diversity of victim-survivor experiences and the intersection of image-based sexual abuse with other forms of sexual and gender-based violence and discrimination, but which also enables victim-survivors to reclaim control within and beyond the criminal justice system. (shrink)

Law and Society, Third Edition, offers a contemporary overview of the structure and function of legal institutions, along with a lively discussion of both criminal and civil law and their impact on society. Unlike other books on law and society, Matthew Lippman takes an interdisciplinary approach that highlights the relevance of the law throughout our society. Distinctive coverage of diversity, inequality, civil liberties, and globalism is intertwined through an organized theme in a strong narrative. The highly anticipated Third Edition of (...) this practical and invigorating text introduces students to both the influence of law on society and the influence of society on the law. Discussions of the pressing issues facing today's society include key topics such as the law and inequality, international human rights, privacy and surveillance, and law and social control.?KEY FEATURES: An interdisciplinary approach integrates various intellectual perspectives and traditions to provide extensive coverage of the legal profession, juries, criminal courts, and racial and ethnic inequality. Gender is covered throughout the text with particular attention devoted to abortion, human trafficking, global exploitation, sexual abuse, and the role of women in the justice system. A distinction between legal myth and reality is analyzed throughout the text using contemporary media examples. International Perspective sections offer relevant cross-cultural and international studies to provide a unique global viewpoint. Test Your Knowledge questions open chapters to show students what they may and may not know prior to reading the chapters. You Decide cases are presented throughout the book to sharpen critical thinking skills by applying the chapter contents to contemporary issues. (shrink)