2,099 Works

Queering Asylum Anxieties: Sexual Orientation and Gender Identity Refugee Claims

Senthorun Raj
Over the last three decades, an increasing number of Anglophone courts have recognised asylum claims on the basis of sexual orientation and gender identity. Such jurisprudence has been heralded for “progressing” LGBTI rights. Yet, the progressive promise of these “pro-LGBTI” decisions leaves much more to be desired. Often formulated under the rubric of a “particular social group,” the extent to which queer refugees have been granted protection has been contingent on whether they subscribe to...

Rewriting Reproductive Rights: Applying Feminist Methodology to the European Court of Human Rights' Abortion Jurisprudence

Vanessa Sauls Avolio
This article adopts feminist methodology to demonstrate how women’s rights and reproductive freedom can be enhanced at the judicial level: a process that can lead to legal reform. The practice of feminist judgment-writing is central in achieving this objective. Recently, feminist scholars and practitioners have come together to rewrite landmark judgments concerning women’s rights. Examples of these efforts can be found in the Women’s Court of Canada and the UK Feminist Judgments Project. Drawing from...

State, Family and Women’s Reproductive Agency in China

Biye Gao
This paper describes the alternative roles that patriarchal families and oppressive state policy might play in local women’s exercise of reproductive agency. Based on interviews with 26 rural women in Hunan, China, the paper explains how women, rather than experiencing their reproductive bodies as victims, act as agents. Theoretically, this paper engages with feminist discussions of coercion, victimhood, and agency. Through an examination of the different roles that marital and natal families play in women’s...

Accessible Justice? Rape Victimisation and Psychosocial Disability

Louise Ellison, Vanessa Munro, Katrin Hohl & Paul Wallang
In a context in which research evidence indicates high rates of alleged sexual victimization amongst adults with psychosocial disabilities (PSD), this paper sets out to explore some of the challenges that are posed to the criminal justice system by these types of complainants. We do so by drawing upon rape allegation data recently collected by the London Metropolitan Police Service over a two month period. Our analysis of this snapshot of Metropolitan Police rape reporting...

Ian Ward, Sex, Crime and Literature in Victorian England

Edward Kirton-Darling
Review of Ian Ward, Sex, Crime and Literature in Victorian England (Hart Publishing, 2014).

Palestinian Feminist Critique and the Physics of Power: Feminists Between Thought and Practice

Nadera Shalhoub-Kevorkian
Grounded in my own position as a Palestinian feminist born and raised in Haifa, this paper delves into the nature of feminism for Palestinian women in the Jewish settler colonial state by asking three main questions: How does the complex socio-political reality of settler colonialism reflect itself in the lives and status of Palestinian women living in Israel? What kind of critical feminist theorizing is needed from Palestinian feminists in Israel? How can we analyze...

Research Note: Rethinking Feminist Engagements with the State and Wage Labour

Donatella Alessandrini
In this paper I reflect on recent attempts by feminist economists to engage with post-Keynsian policies aimed at the socialisation of investment, in particular the proposal for the government to act at once as the Employer of Last Resort (ELR) and a social provider. Such an engagement seems to depart from feminist autonomists' critique of the wage society, their refusal to place reformist demands on the state and their emphasis on the collectivisation of social...

Legal Constructions of Body Work

Ann Stewart
This chapter explores the way in which two examples of body work - the labour involved in caring for the vulnerable elderly and in providing commercial sex - are regulated. It highlights the challenges that body work presents for labour law and exposes the wider conceptual limitations that this area of law faces in a consumer based market economy in which the boundaries between production and social reproduction are being reconstituted.

Preface

Ann Stewart
This preface introduces the chapter 'Legal Constructions of Body Work' and the book in which it was first published, C. Wolkowitz et al. eds, Body/Sex/Work: Intimate, Embodied and Sexualised Labour (Palgrave Macmillan, 2013).

Black and White: History of Racial Identity in Italy

Gaia Giuliani
Drawing on the book Bianco e nero. Storia dell'identita razziale degli Itallani, this lecture traces the political, cultural and visual history of Italian racial identity from unificaiton to the economic boom, through Fascism and the post-war era. Gaia Giuliani uses analytical categories derived from political philosophy, critical race theory, whiteness studies and postcolonial studies, and examines political theories of race, scientific literature and legislation related to emigration in order to trace the different processes of...

Introduction

Rosemary Hunter
The 2012 Law and Society Association Annual Meeting included an author-meets-readers session devoted to Emma Cunliffe's book Murder, Medicine and Motherhood (Oxford: Hart Publishing, 2011). The book concerns the trial and (in Cunliffe's view wrongful) conviction of Kathleen Folbigg in NSW, Australia, for the deaths of her four children. Following the session, we invited members of the panel to write up their comments for feminists@law. We are pleased to publish here reflections on the book...

Immigrant Women Facing Male Partner Violence – Gender, Race and Power in Swedish Alien and Criminal Law

Monica Burman
This article deals with the ways in which gender and race are recognized and addressed in Swedish criminal and alien law with reference to men’s violence against women with insecure residency. It offers an analysis of Swedish preparatory works and case law which seeks to unmask and problematize intersecting power structures and discourses in law. The analysis shows that a perspective on men’s violence against women as related to gender and power to some extent...

Introduction: Gender Equality and Othering in the Swedish Welfare State

Maria Drakopoulou & Margaret Davies
The papers in this special section of feminists@law represent an attempt to acquaint an English speaking audience with some of the key issues currently occupying Swedish feminist legal scholars. The idea is to allow the reader to catch some revealing glimpses of the workings of the Swedish feminist legal mind in the context of gender equality law. It aims to promote an understanding of specifics of the feminist engagement with and critique of Swedish gender...

Persons and Property

Margaret Davies
This is an audio recording of an Open Lecture given by Professor Margaret Davies at the University of Kent on 18 January 2012.

Response to Julieta Lemaitre, Amy Lind, and Catherine Walsh

Breny Mendoza

Introduction

Kate Bedford

David Wilson, Mary Ann Cotton: Britain's First Female Serial Killer

Joanne Pearman

Notes on Contributors

\"Asking for the Moon\": A \"Musing\" on Cornell's 'Beyond Accommodation: Ethical Feminism, Deconstruction and the Law'

Karin Van Marle
feminists@law, Vol 1 No 1 (2011)

What's Feminist About Open Access? A Relational Approach to Copyright in the Academy

Carys J. Craig, Joseph F. Turcotte & Rosemary J. Coombe
In a context of great technological and social change, existing intellectual property regimes such as copyright must contend with parallel forms of ownership and distribution. Proponents of open access, for example, question and undermine the paradigm of exclusivity central to traditional copyright law, thereby fundamentally challenging its ownership structures and the publishing practices these support. In this essay, we attempt to show what it is about the open access endeavour that resonates with a feminist...

Gender and Precarity in Contemporary Italy: Labor, Value, Social Reproduction

Laura Fantone
This lecture examines the emergence of the discourse and movement concerning precarity, one of the newest movements shaping politics in Europe. It argues that precarity is a constitutive aspects of life and identity, not just a type of contract. It is an essential condition which differs according to gender and is shared especially among young women, migrants and poor people.

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