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Feminism and the Power of Law

Feminism and the Power of Law Author Carol Smart
ISBN-10 9781134972838
Release 2002-01-08
Pages 192
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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

Law  Crime and Sexuality Author Carol Smart
ISBN-10 144623102X
Release 1995-01-18
Pages 256
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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

Power and Law in International Society Author Mark Klamberg
ISBN-10 9781317617129
Release 2015-04-24
Pages 182
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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.



Law Crime and Sexuality

Law  Crime and Sexuality Author Carol Smart
ISBN-10 144623102X
Release 1995-01-18
Pages 256
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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.



Limited Responsibilities

Limited Responsibilities Author Tamar Pitch
ISBN-10 9781134883516
Release 2005-08-02
Pages 240
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Limited Responsibilities explores the interaction between the criminal justice system and the wider concerns of political and social institutions, including the welfare state, social work and forensic psychiatry. Using the key concept of `responsibility', Tamar Pitch critiques the classical theories of Anglo-American and Italian criminologies, examining the allocation of responsibilities to individuals and society. Looking at the shifting political relationship between criminal justice and the welfare system, Pitch considers the problems which arise in our understandings of responsibility, particularly in relation to the young and the mentally disabled. She also documents the centrality of responsiblity as an issue in women's struggles for legislation on sexual violence, as a paradigm of the politicisation of notions of crime, victimization and criminal responsibility. Limited Responsiblities will be of interest to lecturers, students and professionals in criminology, social policy and women's studies.



Women Crime and Criminology

Women  Crime and Criminology Author Carol Smart
ISBN-10 0203079671
Release 2013-10-14
Pages 226
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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.



A Reflexive Inquiry into Gender Research

A Reflexive Inquiry into Gender Research Author Samantha Van Schalkwyk
ISBN-10 9781443887571
Release 2016-01-14
Pages 250
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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.



The Oxford Handbook of Criminal Law

The Oxford Handbook of Criminal Law Author Markus D Dubber
ISBN-10 9780191654602
Release 2014-11-27
Pages 1100
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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.



The Ashgate Research Companion to Feminist Legal Theory

The Ashgate Research Companion to Feminist Legal Theory Author Vanessa E. Munro
ISBN-10 9781317043416
Release 2016-04-01
Pages 436
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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.



Interrogating Incest

Interrogating Incest Author Vikki Bell
ISBN-10 9781134896523
Release 2002-09-11
Pages 240
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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.



Fighting and Victimhood in International Criminal Law

Fighting and Victimhood in International Criminal Law Author Joanna Nicholson
ISBN-10 9781317210542
Release 2017-10-12
Pages 195
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The act of fighting or being a fighter has certain consequences in international law. The most obvious example can be found in international humanitarian law, where a distinction is drawn between fighters and civilians, with fighters being military objectives and civilians being protected from attack. Another example is from international human rights law, where it has been held that the particular characteristics of military life have to be taken into account when interpreting the human rights of members of state armed forces. This volume focuses on the field of international criminal law and asks the question: what relevance does fighting have to victimhood in international criminal law? Among the topics which are explored are: how have international criminal courts and tribunals untangled lawful casualties of war from victims of war crimes? How have they determined who is a member of an organised armed group and who is not? What crimes can those who fight be victims of during hostilities? When does it become relevant in international criminal law that an alleged victim of a crime was a person hors de combat rather than a civilian? Can war crimes be committed against members of non-opposing forces? Can persons hors de combat be victims of crimes against humanity and genocide? What special considerations surround peacekeepers and child soldiers as victims of international crimes? The author carries out an in-depth exploration of case law from international criminal courts and tribunals to assess how they have dealt with these questions. She concludes that the import of fighting upon victimhood in the context of international criminal law has not always been appreciated to the extent it should have been.



The Technoscientific Witness of Rape

The Technoscientific Witness of Rape Author Andrea Quinlan
ISBN-10 9781487511883
Release 2017-04-24
Pages 272
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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 Violence and the Media

Women  Violence  and the Media Author Drew Humphries
ISBN-10
Release 2009
Pages 279
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Provocative collection of essays designed to give students an understanding of media representations of women s experience of violence and to educate a new generation to recognize and critique media images of women"



Partial Excuses to Murder

Partial Excuses to Murder Author Stanley Meng Heong Yeo
ISBN-10 1862870470
Release 1990
Pages 287
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Sixteen papers on provocation, diminished responsibility, excessive self-defence and intoxication described in the Adelaide Law Review as: "a comprehensive and illuminating view of the four defences" Other publications agree: "Those of us who must defend in the cold aftermath of a killing would do well to have a copy of this book handy."ACT Law Society Newsletter "There is a healthy balance between theoretical perspective and practical application."Victorian Law Institute Journal



Women Crime and Criminal Justice

Women  Crime and Criminal Justice Author Rosemary L Barberet
ISBN-10 9781135005740
Release 2014-04-16
Pages 248
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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.



Feminism and the Power of Love

Feminism and the Power of Love Author Adriana García-Andrade
ISBN-10 9781351780124
Release 2018-04-17
Pages 194
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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.



Star Trek Visions of Law and Justice

Star Trek Visions of Law and Justice Author Robert H. Chaires
ISBN-10 0966808029
Release 2003
Pages 296
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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.