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Feminist scholars in disciplines ranging from law to geography challenge our traditional notion of a public/private divide in legal and public policy in Canada and internationally
The issue of consent and criminal law commonly focuses on consent in sports, sexual activity, and medical treatment. The notion of consent and the influence of state control in this context, however, are pervasive throughout the criminal justice process from the pre-trial stage to rehabilitation. This edited collection charts an important and original pathway to understanding these important issues, pre-, during, and post-trial, from a range of perspectives, including doctrinal, socio-legal, intersectional, medico-legal, feminist, critical legal, and queer theoretical viewpoints. The collection addresses the complex inter-relationship between consent and state control in relation to private ...
Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual o...
This 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.
"This book looks at recent efforts to combat contemporary slavery worldwide and explores how the history and iconography of slavery has been invoked to support a series of government interventions, activist projects, legal instruments, and rhetorical performances"--
Queer Theory: Law, Culture, Empire uses queer theory to examine the complex interactions of law, culture, and empire. Building on recent work on empire, and taking contextual, socio-legal, comparative, and interdisciplinary approaches, it studies how activists and scholars engaged in queer theory projects can unwittingly advance imperial projects and how queer theory can itself show imperial ambitions. The authors – from five continents – delve into examples drawn from Bollywood cinema to California’s 2008 marriage referendum. The chapters view a wide range of texts – from cultural productions to laws and judgments – as regulatory forces requiring scrutiny from outside Western, heterosexual privilege. This innovative collection goes beyond earlier queer legal work, engaging with recent developments, featuring case studies from India, South Africa, the US, Australasia, Eastern Europe, and embracing the frames offered by different disciplinary lenses. Queer Theory: Law, Culture, Empire will be of particular interest to students and researchers in the fields of socio-legal studies, comparative law, law and gender/sexuality, and law and culture.
Why are we so reluctant to believe that women can mean to kill? Based on case-studies from the US, UK and Australia, this book looks at the ways in which female killers are constructed in the media, in law and in feminist discourse almost invariably as victims rather than actors in the crimes they commit. Morrissey argues that by denying the possibility of female agency in crimes of torture, rape and murder, feminist theorists are, with the best of intentions, actually denying women the full freedom to be human. Case studies cover among others the battered wife, Pamela Sainsbury, who garrotted her husband as he slept, the serial killer, Aileen Wournos, who killed seven middle-aged men in Florida between 1989 and 1990, Tracey Wiggington, the so-called "lesbian vampire killer", and Karla Homolka who helped her husband kill two teenage girls in St. Catherines Ontario in 1993.
The debate over marriage equality for same-sex couples rages across the country. Beyond (Straight and Gay) Marriage boldly moves the discussion forward by focusing on the larger, more fundamental issue of marriage and the law. The root problem, asserts law professor and LGBT rights activist Nancy Polikoff, is that marriage is a bright dividing line between those relationships that legally matter and those that don't. A woman married to a man for nine months is entitled to Social Security survivor's benefits when he dies; a woman living for nineteen years with a man or woman to whom she is not married receives nothing. Polikoff reframes the debate by arguing that all family relationships and ...
Pregnancy is a period of time that institutes great change in the lives of those who are pregnant. Regardless of whether a pregnancy concludes with the birth of a live child or not, there are experiences that are common for many people who are pregnant. Yet as a site of theological reflection pregnancy is underrepresented. This landmark book seeks to begin the conversation within theology about pregnancy, the positive and negative experiences, and the potential for pregnancy to be understood theologically. Chapters consider a number of avenues in this exploration, from early pregnancy loss to trauma in labour, from adoption to the end of reproductive years at the onset of menopause. Througho...
In this book an international team of scholars examines both theoretical issues and the wide variety of legal developments in various countires.