Feminism and the Power of Law

Author: Carol Smart
Publisher: Routledge
ISBN: 9781134972838
Release Date: 2002-01-08
Genre: Social Science

In this now established text the author presents her analysis of the power of law and argues for a feminist post-structuralist approach. She comments on pornography, as well as discussing recent research on rape trials and abortion legislation.

Law Crime and Sexuality

Author: Carol Smart
Publisher: SAGE
ISBN: 144623102X
Release Date: 1995-01-18
Genre: Feminism theory

Law, crime, and sexuality transcends the traditional fragmentation of sociology, criminology, socio-legal studies, and feminist theory and philosophy. It enables readers to draw on aspects from each discipline and see how various themes and discussions are related. Compiled specifically for students' needs, the essays show that theory need not be too hard or too inaccessible, and help students to understand the law in conceptual terms while enabling them to become fully aware of the extent to which the law is implicated in our everyday lives.

Power and Law in International Society

Author: Mark Klamberg
Publisher: Routledge
ISBN: 9781317617129
Release Date: 2015-04-24
Genre: Law

When studying international law there is often a risk of focusing entirely on the content of international rules (i.e. regimes), and ignoring why these regimes exist and to what extent the rules affect state behavior. Similarly, international relations studies can focus so much on theories based on the distribution of power among states that it overlooks the existence and relevance of the rules of international law. Both approaches hold their dangers. The overlooking of international relations risk assuming that states actually follow international law, and discounting the specific rules of international law makes it difficult for readers to understand the impact of the rules in more than a superficial manner. This book unifies international law and international relations by exploring how international law and its institutions may be relevant and influence the course of international relations in international trade, protection of the environment, human rights, international criminal justice and the use of force. As a study on the intersection of power and law, this book will be of great interest and use to scholars and students of international law, international relations, political science, international trade, and conflict resolution.

Women Crime and Criminology

Author: Carol Smart
Publisher: Routledge
ISBN: 0203079671
Release Date: 2013-10-14
Genre: Social Science

First published in 1977, Women, Crime and Criminology presents a feminist critique of classical and contemporary theories of female criminality. It addresses the issue that criminology literature has, throughout history, been predominantly male-oriented, always treating female criminality as marginal to the 'proper' study of crime in society. Carol Smart explores a new direction in criminology, and the sociology of deviance, by investigating female crime from a committed feminist position. Examining the types of offences committed by female offenders, Smart points to the fallacies inherent in a reliance on official statistics and shows the deficiencies of the popular argument that female emancipation has caused an increase in female crime rates. She deals with studies of prostitution and rape and considers the treatment of women - as offenders and victims - by the criminal law, the police and courts, and the penal system. Particular attention is given to the question of lenient treatment for female offenders with the conclusion that women and girls are, in some important instances, actually discriminated against in our legal and penal systems. The relationship between female criminality and mental illness is discussed and the author concludes by dealing with some of the problems inherent in developing a feminist criminology.

Law Crime and Sexuality

Author: Carol Smart
Publisher: SAGE
ISBN: 144623102X
Release Date: 1995-01-18
Genre: Feminism theory

Law, crime, and sexuality transcends the traditional fragmentation of sociology, criminology, socio-legal studies, and feminist theory and philosophy. It enables readers to draw on aspects from each discipline and see how various themes and discussions are related. Compiled specifically for students' needs, the essays show that theory need not be too hard or too inaccessible, and help students to understand the law in conceptual terms while enabling them to become fully aware of the extent to which the law is implicated in our everyday lives.

The Oxford Handbook of Criminal Law

Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 9780191654602
Release Date: 2014-11-27
Genre: Law

The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

A Reflexive Inquiry into Gender Research

Author: Samantha Van Schalkwyk
Publisher: Cambridge Scholars Publishing
ISBN: 9781443887571
Release Date: 2016-01-14
Genre: Social Science

Questions that concern gender and violence against women have been placed firmly on the agenda of interdisciplinary research within the humanities in recent years. Gender-based violence against women has increased exponentially in South Africa and in other countries on the African continent, particularly those with a history of political conflict. Researchers who explore such gender issues have paid limited attention to the intersection between the social contexts of the researched, the positionality of the researcher and the research product. This book brings together an interdisciplinary group of scholars and scholar-activists to explore new terrains of knowledge production, interrogating the connection between the intellectual project of this kind of research and the process of its production. Some chapters draw on theoretical insights and provide new ways of thinking about the kinds of questions that should be asked when conducting research in the field of gender. Other authors grapple with an acknowledgement of their multiple social positions in the world, the ways in which they experience these ever-shifting boundaries, and how this influences their theoretical and practical work. Some contributions go further, discussing the ways in which the researcher and the researched influence each other, and the link between feminist research and social change. These chapters contribute to an understanding of how social movement activism can be developed. Overall, this book represents an important combination of scholarly insights, and provides multiple reflections about practical aspects of conducting gender research in the African context. The work of the contributors to the volume is situated within a post-structural feminist agenda, and, collectively, the chapters link scholarship and activism in a way that pursues a social change agenda in research on gender and gender-based violence.

Interrogating Incest

Author: Vikki Bell
Publisher: Routledge
ISBN: 9781134896523
Release Date: 2002-09-11
Genre: Social Science

Winner of British Sociological Association Philip Abrams Memorial Prize 1993 Within feminism incest has often been subsumed under a discussion of sexual violence and abuse. Yet, important as this is, there has been little account of how feminist work itself relates to other ways of talking about and understanding incest. In Interrogating Incest Vikki Bell focuses on the issue of incest and its place in sociological theory, feminist theory and criminal law. By examining incest from a critical Foucauldian framework she considers how feminist discourse on incest itself fits into existing ways of talking about sex. Closely surveying the historical background to incest legislation and the theoretical issues involve, Vikki Bell delineates their practical implications and shows what uncomfortable questions and important dilemmas are raised by the criminalisation of incest.

The Ashgate Research Companion to Feminist Legal Theory

Author: Vanessa E. Munro
Publisher: Routledge
ISBN: 9781317043416
Release Date: 2016-04-01
Genre: Law

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.

Feminism and the Power of Love

Author: Adriana García-Andrade
Publisher: Routledge
ISBN: 9781351780124
Release Date: 2018-04-17
Genre: Social Science

The power of love has become a renewed matter of feminist and non-feminist attention in the 21st century’s theory debates. What is this power? Is it a form of domination? Or is it a liberating force in our contemporary societies? Within Feminism and the Power of Love lies the central argument that, although love is a crucial site of gendered power asymmetries, it is also a vital source of human empowerment that we cannot live without. Instead of emphasizing "either-or", this enlightening title puts the dualities and contradictions of love center stage. Indeed, by offering various theoretical perspectives on what makes love such a central value and motivator for people, this title will increase one’s understanding as to why love can keep people in its grip - even when practiced in ways that deplete and oppress. In light of such analyses, the contributions within Feminism and the Power of Love present new perspectives on the conditions and characteristics of non-oppressive, mutually enhancing ways of loving. Bridging the gap between Feminist Affect Studies and Feminist Love Studies, this book will appeal to undergraduate and postgraduate students, including postdoctoral researchers, interested in fields such as women’s and gender studies, sociology, political science, philosophy, cultural studies and sexuality studies.

Feminist Judgments

Author: Rosemary Hunter
Publisher: Bloomsbury Publishing
ISBN: 9781847317278
Release Date: 2010-09-30
Genre: Law

While feminist legal scholarship has thrived within universities and in some sectors of legal practice, it has yet to have much impact within the judiciary or on judicial thinking. Thus, while feminist legal scholarship has generated comprehensive critiques of existing legal doctrine, there has been little opportunity to test or apply feminist knowledge in practice, in decisions in individual cases. In this book, a group of feminist legal scholars put theory into practice in judgment form, by writing the 'missing' feminist judgments in key cases. The cases chosen are significant decisions in English law across a broad range of substantive areas. The cases originate from a variety of levels but are primarily opinions of the Court of Appeal or the House of Lords. In some instances they are written in a fictitious appeal, but in others they are written as an additional concurring or dissenting judgment in the original case, providing a powerful illustration of the way in which the case could have been decided differently, even at the time it was heard. Each case is accompanied by a commentary which renders the judgment accessible to a non-specialist audience. The commentary explains the original decision, its background and doctrinal significance, the issues it raises, and how the feminist judgment deals with them differently. The books also includes chapters examining the theoretical and conceptual issues raised by the process and practice of feminist judging, and by the judgments themselves, including the possibility of divergent feminist approaches to legal decision-making. From the foreword by Lady Hale 'Reading this book ought to be a chastening experience for any judge who believes himself or herself to be both true to their judicial oath and a neutral observer of the world? If lawyers and judges like me have so much to learn from reading this book, then surely other, more sceptical, lawyers and judges have even more to learn?other scholars, and not only feminists, must also be fascinated by the window it opens onto the process of judicial reasoning: not the straightforward, predetermined march from A to B of popular belief, but something altogether more complicated and uncertain. And anyone will find it a very good read.'

The Technoscientific Witness of Rape

Author: Andrea Quinlan
Publisher: University of Toronto Press
ISBN: 9781487511883
Release Date: 2017-04-24
Genre: Social Science

In 1984, the Sexual Assault Evidence Kit (SAEK) was dubbed "Ontario’s most successful rapist trap." Since then, the kit has become the key source of evidence in the investigation and prosecution of sexual assault as well as a symbol of victims’ improved access to care and justice. Unfortunately, the SAEK has failed to live up to these promises. The Technoscientific Witness of Rape is the first book to chart the thirty year history of the sexual assault evidence kit and its role in a criminal justice system that re-victimizes many assault victims in their quest for medical treatment and justice. Drawing on actor-network theory and feminist technology studies, Andrea Quinlan combs through sixty-two interviews with police, nurses, scientists, and lawyers, as well as archival records and legal cases to trace changes in sexual assault forensics, law, advocacy, and anti-violence activism in Ontario. Through this history Quinlan bravely and provocatively argues that the SAEK reflects and reinforces the criminal justice system’s distrust of sexual assault victims.

Women Crime and Criminal Justice

Author: Rosemary L Barberet
Publisher: Routledge
ISBN: 9781135005740
Release Date: 2014-04-16
Genre: Social Science

Women, Crime and Criminal Justice is the winner of the Division of International Criminology’s Distinguished Book Award 2014 and the Academy of Criminal Justice Sciences International Section's 2015 Outstanding Book Award and the first fully internationalised book to focus on women as offenders, victims and justice professionals. It provides background, as well as specialized information that allows readers to comprehend the global forces that shape women and crime; analyze different types of violence against women (in peacetime and in armed conflict); and grasp the challenges faced by women in justice professions such as the police, the judiciary and international peacekeeping. Provocative, highly topical, engaging and written by an expert in the field, this book examines the role of women in crime and criminal justice internationally. Topics covered include: the role of globalization and development in patterns of female offending and victimization, how a human rights framework can help explain women ́s crime, victimization and the criminal justice response, global women’s activism, international perspectives on violence against women, including femicide, violence in conflict and post conflict settings, sex work and sex trafficking, women’s access to justice, as well as the increased role of women in international criminal justice settings. This book will be essential reading for those involved in the study of development, human rights, governance, security sector reform, international relations and public health, as debates about these subjects are intrinsically linked to the issues surrounding women, crime and justice. It will also be useful for students taking courses on gender, crime and criminal justice, violence against women, international criminal justice and gender studies.

Exploiting the Limits of Law

Author: Åsa Gunnarsson
Publisher: Routledge
ISBN: 9781317137641
Release Date: 2016-04-22
Genre: Law

Moving beyond the question of whether an area of scholarly investigation can truly be characterized as 'legal', Exploiting the Limits of Law combats the often unhelpful constraints of law's subject-matter and formal processes. Through a process of reflection on the limits of law and repeated efforts to redraw them, this book challenges the general sense of pessimism among feminists and others about the usefulness of law as an instrument of change. The work combines theoretical analysis of the law's boundaries with investigation of the practical settings for changing legal and policy environments. Both the empirical focus of this volume, and its underlying theoretical concern with the limits of the law and its gender implications, render it of interest to legal scholars throughout the world, whether of EU law, feminism, social policy or philosophy.

Star Trek Visions of Law and Justice

Author: Robert H. Chaires
Publisher: University of North Texas Press
ISBN: 0966808029
Release Date: 2003
Genre: Law

Star Trek Visions of Law and Justice collects fourteen articles connecting popular media with academic inquiry, illustrating the connections between the future world ofStar Trek and current issues in international law, law and justice, and the American legal system. It makes an ideal text to teach students interdisciplinary academic concepts using a familiar, popular media phenomenon.