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Luce Irigaray has written that “sexual difference is one of the major philosophical issues, if not the issue, of our age.” Spanning metaphysics, phenomenology, and psychoanalysis, her work examines how sexual difference structures being and subjectivity, organizes our experience of the world, and affects the images and discourses involved in knowledge production and practical action. No other philosopher has paid such careful attention to the consequences of the elision of sexual difference in philosophical thought. However, at a time when notions of sexual and gender difference are hotly contested, Irigaray’s thought has often been dismissed as essentialist or reductively binary. This...
The use of a rape victim's sexual history as evidence attracted intense public attention after the acquittal of footballer Ched Evans in 2017. Set within the context of a criminal justice system widely perceived to be failing rape victims, the use of sexual history evidence remains a flashpoint of contention around rape law reform. This accessible book mounts an important interrogation into the use of a victim's sexual history as evidence in rape trials. Adopting a critical multidisciplinary perspective underpinned by feminist theory, the authors explore the role and significance of sexual history evidence in criminal justice responses to rape.
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This book offers an international breadth of historical and theoretical insights into recent efforts to "decolonise" legal education across the world. With a specific focus on post- and decolonial thought and anti-racist methods in pedagogy, this edited collection provides an accessible illustration of pedagogical innovation in teaching and learning law. Chapters cover civil and common law legal systems, incorporate cases from non-state Indigenous legal systems, and critically examine key topics such as decolonisation and anti-racism in criminology, colonialism and the British Empire, and court process and Indigenous justice. The book demonstrates how teaching can be modified and adapted to address long-standing injustice in the curriculum. Offering a systematic collection of theoretical and practical examples of anti-racist and decolonial legal pedagogy, this volume will appeal to curriculum designers and law educators as well as to undergraduate and post-graduate law level teachers and researchers.
In the aftermath of the Covid-19 pandemic, the struggles faced by caregivers in navigating the depths of grief and trauma have become increasingly pronounced. The profound challenges inherent in this journey unfold starkly in the experiences of those who have shouldered the weight of caregiving responsibilities during these trying times. The emotional toll, compounded by the complexities of the pandemic, paints a picture of resilience and struggle. Amidst this narrative of hardship and endurance emerges a crucial resource that delves into the heart of this issue, providing insights and strategies for those grappling with the dual complexities of personal grief and professional counseling. Th...
This book explores the relationship between space, subjectivity and property in order to invert conventional socio-legal understandings of property. Sarah Keenan demonstrates that new political possibilities for property may be unveiled by thinking about property in terms of space and belonging, rather than exclusion. Drawing on feminist and critical race theory, this book shifts focus away from the propertied subject and on to the broader spaces in and through which the propertied subject is located. Using case studies, such as analyses of compulsory leases under Australia’s Northern Territory Intervention and lesbian asylum cases from a range of jurisdictions, Keenan argues that these sp...
Critical theory, characteristically linked with the politics of theoretical engagement, covers the manifold of the connections between theory and praxis. This thought-provoking Research Handbook captures the broad range of those connections as far as legal thought is concerned and retains an emphasis both on the politics of theory, and on the notion of theoretical engagement. The first part examines the question of definition and tracks the origins and development of critical legal theory along its European and North American trajectories. The second part looks at the thematic connections between the development of legal theory and other currents of critical thought such as; Feminism, Marxism, Critical Race Theory, varieties of post-modernism, as well as the various ‘turns’ (ethical, aesthetic, political) of critical legal theory. The third and final part explores particular fields of law, addressing the question how the field has been shaped by critical legal theory, or what critical approaches reveal about the field, with the clear focus on opportunities for social transformation.
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 ...
With the fine strokes of a novelist, editor-in-chief of The Source and lifelong devotee of Hip Hop, Hinds, exposes the personalities as well as the appeal and controversy of a pop culture that has swept the globe. Revealing the lonely side of Lauryn Hill, the pensive, controlling tendencies of Puffy Combs, the tender side of gansta rapper Dr. Dre, and the creative energy of Wyclef Jean, Hinds goes far beyond the celebrities: his unflinching eye takes in the whole of Hip Hop and its impact. Beautifully written and refreshingly original.
The demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law’s limited repertoire for assembling the archive after ‘the disaster’. Archival and memorial practices are central to contexts where transitional justice, addressing historical wrongs, or reparations are at stake. The archive serves as a repository or ‘storehouse’ of what needs to be gathered and recognised so that it can be left behind in order to inaugurate the future. The archive manifests law’s auth...