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Feminist Perspectives on Evidence
Questions of evidence and proof are fundamental to the operation of substantive law and to our understanding of law as a social practice. The study of evidence involves issues of central concern to feminist scholars,including matters of epistemology, psychology, allocation of risk and responsibility. Debates about evidence, like debates about feminism, involve questioning ideas of rationality and truth, as well as claims to knowledge both by and about men and women. Social constructions of gender are reflected both explicitly and implicitly in evidential rules and in the way in which evidence is received and understood by judges, jurors and magistrates. Feminist evidence scholarship is a relatively new but rapidly developing field. This collection brings together previously unpublished work by feminist legal scholars from different jurisdictions. In these essays, they explore the contributions of feminist theory and methodology to the understanding of the law of evidence.
Reading Daughters' Fictions 1709-1834
It has been argued that the eighteenth century witnessed a decline in paternal authority, and the emergence of more intimate, affectionate relationships between parent and child. In Reading Daughters' Fictions, Caroline Gonda draws on a wide range of novels and non-literary materials from the eighteenth and early nineteenth centuries, in order to examine changing representations of the father-daughter bond. She shows that heroine-centred novels, aimed at a predominantly female readership, had an important part to play in female socialization and the construction of heterosexuality, in which the father-daughter relationship had a central role. Contemporary diatribes against novels claimed that reading fiction produced rebellious daughters, fallen women, and nervous female wrecks. Gonda's study of novels of family life and courtship suggests that, far from corrupting the female reader, such fictions helped to maintain rather than undermine familial and social order.
Children, Autonomy and the Courts
In this book Aoife Daly argues that where courts decide children’s best interests (for example about parental contact) the UN Convention on the Rights of the Child's "right to be heard" is insufficient, and autonomy should instead be the focus. Global law and practice indicate that children are regularly denied due process rights in their own best interest proceedings and find their wishes easily overridden. It is argued that a children’s autonomy principle, respecting children’s wishes unless significant harm would likely result, would ensure greater support for children in proceedings, and greater obligations on adults to engage in transparent decision-making. This book is a call for a reconceptualisation of the status of children in a key area of children’s rights.
Tough Love
Exposes how ex-gay and postabortion ministries operate on a shared system of thought and analyzes their social implications. A staple of the culture wars, the struggle between Christian conservatives and progressives over sexuality and reproductive rights continues. Focusing on ex-gay ministries geared to helping same-sex attracted people resist their sexuality and postabortion ministries dedicated to leading women who have had an abortion to repent that decision, Cynthia Burack argues that both are motivated and characterized by a strain of compassion that is particular to Christian conservatism rather than a bias and hatred toward sexual minorities and sexually active women. This compassion reproduces the sexual ideology of the Christian right and absolves Christian conservatives from responsibility for stigma and other forms of harm to postabortive and same-sex attracted people. Using the democratic theory of Hannah Arendt, the popular fiction of Ayn Rand, and the psychoanalytic thought of Melanie Klein, Burack studies the social and political effects of Christian conservative compassion.
Relational Remembering
Tracing the impact of the 'memory wars' on science and culture, Relational Remembering offers a vigorous philosophical challenge to the contemporary skepticism about memory that is their legacy. Campbell's work provides a close conceptual analysis of the strategies used to challenge women's memories, particularly those meant to provoke a general social alarm about suggestibility. Sue Campbell argues that we cannot come to an adequate understanding of the nature and value of memory through a distorted view of rememberers. The harmful stereotypes of women's passivity and instability that have repopulated discussions of abuse have led many theorists to regard the social dimensions of rememberin...
Forensics
Bestselling author of Broken Ground “offers fascinating glimpses” into the real world of criminal forensics from its beginnings to the modern day (The Boston Globe). The dead can tell us all about themselves: where they came from, how they lived, how they died, and, of course, who killed them. Using the messages left by a corpse, a crime scene, or the faintest of human traces, forensic scientists unlock the mysteries of the past and serve justice. In Forensics, international bestselling crime author Val McDermid guides readers through this field, drawing on interviews with top-level professionals, ground-breaking research, and her own experiences on the scene. Along the way, McDermid dis...
Rethinking Rape Law
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.
Forensic Science Evidence and Expert Witness Testimony
Forensic science evidence plays a pivotal role in modern criminal proceedings. Yet such evidence poses intense practical and theoretical challenges. It can be unreliable or misleading and has been associated with miscarriages of justice. In this original and insightful book, a global team of prominent scholars and practitioners explore the contemporary challenges of forensic science evidence and expert witness testimony from a variety of theoretical, practical and jurisdictional perspectives. Chapters encompass the institutional organisation of forensic science, its procedural regulation, evaluation and reform, and brim with comparative insight.
Scots Criminal Law
Scots Criminal Law "e; A Critical Analysis provides a clear statement of the current law for students and practitioners, with a theoretical and critical focus. This new edition has been updated to reflect changes in the law since the first edition publishe
