Sexuality and the Law

Author: Vanessa Munro
Publisher: Routledge
ISBN: 1135308306
Format: PDF
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‘Rediscovering’ the peculiarity of feminist perspectives, rather than examining the broader range of gender-oriented analyses, in the area of legal regulation and sexuality, this edited collection avoids the ‘reductionist' and 'essentialist' shortcomings of ‘feminism unmodified’. With a substantial introductory chapter, written by the editors, summarizing the state of the law on core aspects of sexuality and providing a critical appraisal of the key themes and concerns, it analyzes and transcends the traditional dichotomised thinking (e.g coercion/choice, victim/agent) about the regulation of gender issues. It addresses a broad range of key themes including: crime the family and child contract law jurisprudence public and international law. Offering a space in which to re-vitalize a feminist conception of sexuality, this book is an essential read for law students interested in the legal implications of gender and sexuality.

Choice and Consent

Author: Rosemary Hunter
Publisher: Routledge
ISBN: 1135331189
Format: PDF, Kindle
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This current and timely volume presents new thinking and new directions in feminist legal scholarship. Rethinking key concepts in legal feminism, Cowan and Hunter provide a unique examination of key socio-legal concepts in law, jurisprudence and legal and political theory. Written by an international cast of contributors, offering different cultural perspectives as well as doctrinal and theoretical knowledge, this collection of essays presents a dialogue between different feminist positions and approaches to a common theme. It addresses a range of questions, including: Can 'consent' be rethought and infused with different meanings in a post-liberal feminist politics? Can the concepts of 'choice' and 'consent' have consistent meanings and functions between different areas of law, or whether they prove to be highly contingent when viewed across the broad field of law. Exploring the deeply gendered concepts of ‘choice’ and ‘consent’ and examining the philosophical and jurisprudential issues surrounding them as well as how ‘choice’ and ‘consent’ operate in particular areas of law, including criminal law, medical law, constitutional law, employment law, family law and civil procedure, this volume is a key resource for postgraduate law students studying jurisprudence.

The Ashgate Research Companion to Feminist Legal Theory

Author: Vanessa E. Munro
Publisher: Routledge
ISBN: 1317043421
Format: PDF, ePub, Mobi
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As a distinct scholarly contribution to law, feminist legal theory is now well over three decades old. Those three decades have seen consolidation and renewal of its central concerns as well as remarkable growth, dynamism and change. This Companion celebrates the strength of feminist legal thought, which is manifested in this dynamic combination of stability and change, as well as in the diversity of perspectives and methodologies, and the extensive range of subject-matters, which are now included within its ambit. Bringing together contributors from across a range of jurisdictions and legal traditions, the book provides a concise but critical review of existing theory in relation to the core issues or concepts that have animated, and continue to animate, feminism. It provides an authoritative and scholarly review of contemporary feminist legal thought, and seeks to contribute to the ongoing development of some of its new approaches, perspectives, and subject-matters. The Companion is divided into three parts, dealing with 'Theory', 'Concepts' and 'Issues'. The first part addresses theoretical questions which are of significance to law, but which also connect to feminist theory at the broadest and most interdisciplinary level. The second part also draws on general feminist theory, but with a more specific focus on debates about equality and difference, race, culture, religion, and sexuality. The 'Issues' section considers in detail more specific areas of substantive legal controversy.

The Oxford Handbook of Gender Sex and Crime

Author: Rosemary Gartner
Publisher: Oxford University Press
ISBN: 0199397295
Format: PDF, Kindle
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Research on gender, sex, and crime today remains focused on topics that have been a mainstay of the field for several decades, but it has also recently expanded to include studies from a variety of disciplines, a growing number of countries, and on a wider range of crimes. The Oxford Handbook of Gender, Sex, and Crime reflects this growing diversity and provides authoritative overviews of current research and theory on how gender and sex shape crime and criminal justice responses to it. The editors, Rosemary Gartner and Bill McCarthy, have assembled a diverse cast of criminologists, historians, legal scholars, psychologists, and sociologists from a number of countries to discuss key concepts and debates central to the field. The Handbook includes examinations of the historical and contemporary patterns of women's and men's involvement in crime; as well as biological, psychological, and social science perspectives on gender, sex, and criminal activity. Several essays discuss the ways in which sex and gender influence legal and popular reactions to crime. An important theme throughout The Handbook is the intersection of sex and gender with ethnicity, class, age, peer groups, and community as influences on crime and justice. Individual chapters investigate both conventional topics - such as domestic abuse and sexual violence - and topics that have only recently drawn the attention of scholars - such as human trafficking, honor killing, gender violence during war, state rape, and genocide. The Oxford Handbook of Gender, Sex, and Crime offers an unparalleled and comprehensive view of the connections among gender, sex, and crime in the United States and in many other countries. Its insights illuminate both traditional areas of study in the field and pathways for developing cutting-edge research questions.

Not The Marrying Kind

Author: Nicola Barker
Publisher: Palgrave Macmillan
ISBN: 0230379729
Format: PDF, Mobi
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Not the Marrying Kind is a new and comprehensive exploration of the contemporary same-sex marriage debates in several jurisdictions including Australia, Canada, South Africa, the United Kingdom and the United States. It departs from much of the existing scholarship on same-sex marriage, which argues either for or against marriage for same-sex couples. Instead, this book begins from a critical analysis of the institution of marriage itself (as well as separate forms of relationship recognition, such as civil partnership, PaCS, domestic partnership) and asks whether and how feminist critiques of marriage might be applied specifically to same-sex marriage. In doing this, the author combines the theories of second wave feminism with insights from contemporary queer theory.

Compelling Engagements

Author: Wendy Larcombe
Publisher: Federation Press
ISBN: 9781862875258
Format: PDF, ePub, Mobi
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After decades of rape law reform, it is still being argued that the criminal justice system fails rape victims, that too few cases are prosecuted and too few prosecutions result in conviction. Compelling Engagements is a ground-breaking work which investigates the narratives of rape law and of romance fiction, and explores the outmoded and strikingly similar depictions of their normative female subjects. These are women who are not only vulnerable but also evidently worthy of the protections or rewards promised: punishment of the rapist or the hero's love. Larcombe's analysis explores: the definitions of "rape" in the criminal law and "romance" in Harlequin Mills and Boon fiction; the feminine subjects represented in the texts of rape law and romance fiction; the feminised subject positions the texts produce: the rape complainant and the romance reader; particular fictionalisations of the rape complainant and the romance reader: the false rape complainant and the ideal romance consumer; and how these fictionalisations serve the interests of the criminal justice system and the romance publishing industry. Larcombe shows how the legal construction of gender and subjectivity in rape law is still working to disempower victims. She suggests feminism's failure to accommodate women's investment in heroines of romance fiction has limited their effectiveness in transforming rape law. Compelling Engagements is an original and engaging analysis, and fascinating reading for anyone who deals with rape as part of the criminal justice system.

The Constitution of the Criminal Law

Author: R. A. Duff
Publisher: OUP Oxford
ISBN: 0191655287
Format: PDF, ePub
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The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.

Erotic Justice

Author: Ratna Kapur
Publisher: Routledge
ISBN: 1135310548
Format: PDF, ePub, Mobi
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The essays in Erotic Justice address the ways in which law has been implicated in contemporary debates dealing with sexuality, culture and `different' subjects - including women, sexual minorities, Muslims and the transnational migrant. Law is analyzed as a discursive terrain, where these different subjects are excluded or included in the postcolonial present on terms that are reminiscent of the colonial encounter and its treatment of difference. Bringing a postcolonial feminist legal analysis to her discussion, Kapur is relentless in her critiques on how colonial discourses, cultural essentialism, and victim rhetoric are reproduced in universal, liberal projects such as human rights and international law, as well as in the legal regulation of sexuality and culture in a postcolonial context. Drawing her examples from postcolonial India, Ratna Kapur demonstrates the theoretical and disruptive possibilities that the postcolonial subject brings to international law, human rights, and domestic law. In the process, challenges are offered to the political and theoretical constructions of the nation, sexuality, cultural authenticity, and women's subjectivity.

Rethinking Rape Law

Author: Clare McGlynn
Publisher: Routledge
ISBN: 1136974784
Format: PDF, ePub, Docs
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Rethinking Rape Law provides a comprehensive and critical analysis of contemporary rape laws, across a range of jurisdictions. In a context in which there has been considerable legal reform of sexual offences, Rethinking Rape Law engages with developments spanning national, regional and international frameworks. It is only when we fully understand the differences between the law of rape in times of war and in times of peace, between common law and continental jurisdictions, between societies in transition and societies long inured to feminist activism, that we are able to understand and evaluate current practices, with a view to change and a better future for victims of sexual crimes. Written by leading authors from across the world, this is the first authoritative text on rape law that crosses jurisdictions, examines its conceptual and theoretical foundations, and sets the law in its policy context. It is destined to become the primary source for scholarly work and debate on sexual offences laws.